US (United States) Code. Title 37. Chapter 5: Special and incentive pays

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay and allowances of the uniformed services

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-CITE-

37 USC CHAPTER 5 - SPECIAL AND INCENTIVE PAYS 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-MISC1-

Sec.

301. Incentive pay: hazardous duty.

301a. Incentive pay: aviation career.

301b. Special pay: aviation career officers extending period

of active duty.

301c. Incentive pay: submarine duty.

301d. Multiyear retention bonus: medical officers of the

armed forces.

301e. Multiyear retention bonus: dental officers of the

armed forces.

302. Special pay: medical officers of the armed forces.

302a. Special pay: optometrists.

302b. Special pay: dental officers of the armed forces.

302c. Special pay: psychologists and nonphysician health

care providers.

302d. Special pay: accession bonus for registered nurses.

302e. Special pay: nurse anesthetists.

302f. Special pay: reserve, recalled, or retained health

care officers.

302g. Special pay: Selected Reserve health care

professionals in critically short wartime

specialties.

302h. Special pay: accession bonus for dental officers.

302i. Special pay: pharmacy officers.

302j. Special pay: accession bonus for pharmacy officers.

303. Special pay: veterinarians.

303a. Special pay: health professionals; general provisions.

303b. Waiver of board certification requirements.

304. Special pay: diving duty.

305. Special pay: hardship duty pay.

305a. Special pay: career sea pay.

306. Special pay: officers holding positions of unusual

responsibility and of critical nature.

306a. Special pay: members assigned to international

military headquarters.

307. Special pay: special duty assignment pay for enlisted

members.

307a. Special pay: assignment incentive pay.

308. Special pay: reenlistment bonus.

[308a. Repealed.]

308b. Special pay: reenlistment bonus for members of the

Selected Reserve.

308c. Special pay: bonus for enlistment in the Selected

Reserve.

308d. Special pay: enlisted members of the Selected Reserve

assigned to certain high priority units.

308e. Special pay: bonus for reserve affiliation agreement.

[308f. Repealed.]

308g. Special pay: bonus for enlistment in elements of the

Ready Reserve other than the Selected Reserve.

308h. Special pay: bonus for reenlistment, enlistment, or

voluntary extension of enlistment in elements of the

Ready Reserve other than the Selected Reserve.

308i. Special pay: prior service enlistment bonus.

309. Special pay: enlistment bonus.

310. Special pay: duty subject to hostile fire or imminent

danger.

[311. Repealed.]

312. Special pay: nuclear-qualified officers extending

period of active service.

312a. Special pay: nuclear-trained and qualified enlisted

members.

312b. Special pay: nuclear career accession bonus.

312c. Special pay: nuclear career annual incentive bonus.

[313. Repealed.]

314. Special pay or bonus: qualified enlisted members

extending duty at designated locations overseas.

315. Special pay: engineering and scientific career

continuation pay.

316. Special pay: foreign language proficiency pay.

316a. Waiver of certification requirement.

317. Special pay: officers in critical acquisition

positions extending period of active duty.

318. Special pay: special warfare officers extending period

of active duty.

319. Special pay: surface warfare officer continuation pay.

320. Incentive pay: career enlisted flyers.

321. Special pay: judge advocate continuation pay.

322. Special pay: 15-year career status bonus for members

entering service on or after August 1, 1986.

323. Special pay: retention incentives for members

qualified in a critical military skill.

324. Special pay: accession bonus for new officers in

critical skills.

325. Incentive bonus: savings plan for education expenses

and other contingencies.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title VI, Sec. 616(a)(2), Dec. 2,

2002, 116 Stat. 2570, added item 307a.

2001 - Pub. L. 107-107, div. A, title VI, Secs. 621(b),

622(a)(2), Dec. 28, 2001, 115 Stat. 1140, 1142, added items 324 and

325.

2000 - Pub. L. 106-398, Sec. 1 [[div. A], title VI, Secs.

624(a)(2), (b)(2), 628(c), 633(a)(2)], Oct. 30, 2000, 114 Stat.

1654, 1654A-152, 1654A-153, 1654A-155, 1654A-158, added items 302i,

302j, 309, and 323 and struck out items 308a "Special pay:

enlistment bonus" and 308f "Special pay: bonus for enlistment in

the Army".

1999 - Pub. L. 106-65, div. A, title VI, Secs. 626(a)(2),

627(a)(2), 628(a)(2), 629(a)(2), 642(b), Oct. 5, 1999, 113 Stat.

656, 657, 659, 660, 663, added items 318 to 322.

1998 - Pub. L. 105-261, div. A, title VI, Sec. 617(c)(2), Oct.

17, 1998, 112 Stat. 2041, struck out "location" after "hardship

duty" in item 305.

1997 - Pub. L. 105-85, div. A, title VI, Secs. 617(b), 619(c)(2),

625(a)(2), Nov. 18, 1997, 111 Stat. 1789, 1790, 1795, added item

301e and substituted "hardship duty location pay" for "while on

duty at certain places" in item 305 and "Special pay or bonus:" for

"Special pay:" in item 314.

1996 - Pub. L. 104-201, div. A, title VI, Sec. 615(c)(2), Sept.

23, 1996, 110 Stat. 2546, added item 302h.

Pub. L. 104-106, div. A, title VI, Sec. 614(a)(2), Feb. 10, 1996,

110 Stat. 361, added item 302g.

1991 - Pub. L. 102-190, div. A, title VI, Secs. 634(b), 635(b),

636(b), Dec. 5, 1991, 105 Stat. 1381-1383, added items 302f, 303b,

and 316a.

Pub. L. 102-25, title VII, Sec. 702(a)(1), Apr. 6, 1991, 105

Stat. 117, substituted "Multiyear retention" for "Retention" in

item 301d.

1990 - Pub. L. 101-510, div. A, title VI, Secs. 611(a)(2),

618(c)(2), title XII, Sec. 1203(a)(2), title XIV, Sec. 1484(f)(1),

Nov. 5, 1990, 104 Stat. 1576, 1579, 1657, 1717, revised chapter

heading so as to appear in all capital letters, added item 301d,

inserted "and nonphysician health care providers" after

"psychologists" in item 302c, and added item 317.

1989 - Pub. L. 101-189, div. A, title V, Sec. 505(a)(2), title

VII, Secs. 704(b)(2), 705(a)(2), 706(a)(2), Nov. 29, 1989, 103

Stat. 1438, 1471-1473, struck out "in the Public Health Service

Corps" after "psychologists" in item 302c and added items 302d,

302e, and 308d.

1987 - Pub. L. 100-140, Sec. 2(b)(2), Oct. 26, 1987, 101 Stat.

831, added item 302c.

1986 - Pub. L. 99-661, div. A, title VI, Sec. 634(a)(2), Nov. 14,

1986, 100 Stat. 3885, added item 316.

1985 - Pub. L. 99-145, title VI, Secs. 639(e), 644(a)(2), Nov. 8,

1985, 99 Stat. 651, 653, substituted "dental officers of the armed

forces" for "dentists" in item 302b, added item 308i, and struck

out item 311 "Special pay: continuation pay for dentists in the

armed forces".

1984 - Pub. L. 98-525, title VI, Sec. 623(b)(2), title XIV, Sec.

1402(b)(2), Oct. 19, 1984, 98 Stat. 2542, 2621, substituted

"special duty assignment pay for enlisted members" for "proficiency

pay for enlisted members" in item 307, and added item 306a.

1983 - Pub. L. 98-94, title IX, Sec. 905(b)(2), title X, Sec.

1011(b)(2), Sept. 24, 1983, 97 Stat. 664, struck out item 308d

"Special pay: bonus for enlistment, reenlistment, or extension of

enlistment in elements of the ready Reserve other than the Selected

Reserve", added items 308g and 308h, and in item 310 inserted "or

imminent danger".

1981 - Pub. L. 97-60, title I, Secs. 117(c)(2), 120(b), Oct. 14,

1981, 95 Stat. 997, 999, added items 308f and 315.

1980 - Pub. L. 96-579, Secs. 3(e), 5(a)(2), Dec. 23, 1980, 94

Stat. 3364, 3366, added items 301c and 314.

Pub. L. 96-513, title V, Sec. 506(5), Dec. 12, 1980, 94 Stat.

2919, struck out items 302c "Special pay: medical officers of the

Public Health Service" and 313 "Special pay: medical officers of

the Public Health Service who execute active duty agreements", and

struck out "and physicians and dentists in the Public Health

Service" after "forces" in item 311.

Pub. L. 96-342, title VIII, Secs. 805(a)(2), 806(a)(2), Sept. 8,

1980, 94 Stat. 1094, 1096, added items 301b, 308d, and 308e.

Pub. L. 96-284, Secs. 2(b), 3(a)(2), (b)(6), 4(d)(4), 5(b), June

28, 1980, 94 Stat. 589-593, added items 302c and 303a, and in item

302, substituted "medical officers of the armed forces" for

"physicians", item 311, substituted "dentists in the armed forces

and physicians and dentists in the Public Health Service" for

"physicians and dentists who extend their service on active duty",

and in item 313, inserted "of the Public Health Service" after

"medical officers".

1979 - Pub. L. 96-107, title IV, Sec. 404(a)(2), Nov. 9, 1979, 93

Stat. 808, struck out item 309 "Reserves; members of National

Guard: additional pay for performance of administrative duty."

1978 - Pub. L. 95-485, title IV, Sec. 404(b), title VIII, Sec.

804(b)(2), Oct. 20, 1978, 92 Stat. 1615, 1621, substituted "on

duty" for "on sea duty or duty" in item 305, and added items 305a

and 308c.

1977 - Pub. L. 95-79, title IV, Sec. 403(a)(2), July 30, 1977, 91

Stat. 331, added item 308b.

1976 - Pub. L. 94-356, Sec. 3, July 12, 1976, 90 Stat. 901, added

items 312b and 312c.

1974 - Pub. L. 93-294, Sec. 2(3), May 31, 1974, 88 Stat. 177,

added item 301a.

Pub. L. 93-274, Sec. 1(1), (2), (4), May 6, 1974, 88 Stat. 94,

95, substituted "physicians" for "physicians and dentists" in item

302, and added items 302b and 313.

1972 - Pub. L. 92-581, Sec. 1(1), (4), Oct. 27, 1972, 86 Stat.

1277, 1278, struck out "submarine" in item 312, and added item

312a.

1971 - Pub. L. 92-129, title II, Secs. 202(b), 203(b), Sept. 28,

1971, 85 Stat. 358, added items 302a and 308a.

1969 - Pub. L. 91-20, Sec. 1(2), June 3, 1969, 83 Stat. 13, added

item 312.

1967 - Pub. L. 90-207, Sec. 1(2)(B), Dec. 16, 1967, 81 Stat. 651,

added item 311.

1963 - Pub. L. 88-132, Secs. 9(a)(2), 12(c), Oct. 2, 1963, 77

Stat. 216, 218, substituted "while on sea duty or duty at certain

places" for "sea and foreign duty" in item 305, and added item 310.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 907, 909, 1003 of this

title; title 5 section 8440e; title 42 section 254d.

-End-

-CITE-

37 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 301. Incentive pay: hazardous duty

-STATUTE-

(a) Subject to regulations prescribed by the President, a member

of a uniformed service who is entitled to basic pay is also

entitled to incentive pay, in the amount set forth in subsection

(b) or (c), for the performance of hazardous duty required by

orders. In this subsection, the term "hazardous duty" means duty -

(1) involving frequent and regular participation in aerial

flight as a crew member, as determined by the Secretary

concerned, except for a member who is entitled to incentive pay

under section 301a of this title;

(2) involving frequent and regular participation in aerial

flight, not as a crew member under clause (1);

(3) involving parachute jumping as an essential part of

military duty;

(4) involving the demolition of explosives as a primary duty,

including training for that duty;

(5) inside a high- or low-pressure chamber;

(6) as a human acceleration or deceleration experimental

subject;

(7) as a human test subject in thermal stress experiments;

(8) involving frequent and regular participation in flight

operations on the flight deck of an aircraft carrier or of a ship

other than an aircraft carrier from which aircraft are launched;

(9) involving frequent and regular exposure to highly toxic

pesticides or involving laboratory work that utilizes live

dangerous viruses or bacteria;

(10) involving (A) the servicing of aircraft or missiles with

highly toxic fuels or propellants, (B) the testing of aircraft or

missile systems (or components of such systems) during which

highly toxic fuels or propellants are used, or (C) the handling

of chemical munitions (or components of such munitions);

(11) involving regular participation as a member of a team

conducting visit, board, search, and seizure operations aboard

vessels in support of maritime interdiction operations; or

(12) involving frequent and regular participation in aerial

flight by a member who is serving as an air weapons controller

crew member (as defined by the Secretary concerned) aboard an

airborne warning and control system aircraft (as designated by

such Secretary) and who is not entitled to incentive pay under

section 301a of this title.

(b) For the performance of hazardous duty described in clause (1)

of subsection (a), a member is entitled to monthly incentive pay as

follows:

Pay Grade Monthly Rate

O-10 $150

O-9 150

O-8 150

O-7 150

O-6 250

O-5 250

O-4 225

O-3 175

O-2 150

O-1 150

W-5 250

W-4 250

W-3 175

W-2 150

W-1 150

E-9 240

E-8 240

E-7 240

E-6 215

E-5 190

E-4 165

E-3 150

E-2 150

E-1 150

(c)(1) For the performance of hazardous duty described in clauses

(2) through (11) of subsection (a), a member is entitled to $150 a

month. However, a member performing hazardous duty described in

clause (3) of that subsection who also performs as an essential

part of such duty parachute jumping in military free fall

operations involving parachute deployment by the jumper without the

use of a static line is entitled to $225 a month.

(2)(A) For the performance of hazardous duty described in clause

(12) of subsection (a), a member is entitled to monthly incentive

pay based upon his years of service as an air weapons controller as

follows:

Years of service as an air weapons controller

2 or Over 2 Over 3 Over 4 Over 6 Over 8 Over Over

less 10 12

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$200 $200 $200 $200 $200 $200 $200 $200

225 250 300 325 350 350 350 350

200 250 300 325 350 350 350 350

175 225 275 300 350 350 350 350

150 156 188 206 350 350 350 350

150 156 188 206 250 300 300 300

150 156 188 206 250 250 250 250

200 225 275 300 325 325 325 325

175 225 275 300 325 325 325 325

150 200 250 275 325 325 325 325

150 150 150 175 325 325 325 325

200 225 250 275 300 300 300 300

200 225 250 275 300 300 300 300

175 200 225 250 275 275 275 300

156 175 200 225 250 250 250 300

150 156 175 188 200 200 200 250

150 156 175 188 200 200 200 200

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Over Over Over Over Over Over Over

14 16 18 20 22 24 25

$200 $200 $200 $200 $200 $200 $150

350 350 350 300 250 250 225

350 350 350 300 250 250 225

350 350 350 300 250 250 225

350 350 300 275 250 225 200

300 300 275 245 210 200 180

250 250 245 210 200 180 150

325 325 325 276 250 225 200

325 325 325 325 250 225 200

325 325 325 275 250 225 200

325 325 325 275 250 225 200

300 300 300 275 230 200 200

300 300 300 265 230 200 200

300 300 300 265 230 200 200

300 300 300 265 230 200 200

250 250 250 225 200 175 150

200 200 200 175 150 150 150

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(B) For purposes of this paragraph, the years of service of a

member as an air weapons controller shall be computed, under

regulations prescribed by the Secretary concerned, from the date

the member begins training leading to a designation as an air

weapons controller, but there shall be excluded from such

computation any period of more than 90 days during which the member

performs primary duties other than as an air weapons controller.

(d) In time of war, the President may suspend the payment of

incentive pay for any hazardous duty described in subsection (a).

(e) A member is entitled to not more than two payments of

incentive pay, authorized by this section, for a period of time

during which he qualifies for more than one payment of that pay.

(f)(1) Under regulations prescribed by the President and to the

extent provided for by appropriations, when a member of a reserve

component of a uniformed service, or of the National Guard, who is

entitled to compensation under section 206 of this title, performs,

under orders, any duty described in subsection (a) for members

entitled to basic pay, he is entitled to an increase in

compensation equal to 1/30 of the monthly incentive pay

authorized by subsection (b) or (c), as the case may be, for the

performance of that hazardous duty by a member of a corresponding

grade who is entitled to basic pay. He is entitled to the increase

for as long as he is qualified for it, for each regular period of

instruction, or period of appropriate duty, at which he is engaged

for at least two hours, including that performed on a Sunday or

holiday, or for the performance of such other equivalent training,

instruction, duty, or appropriate duties, as the Secretary may

prescribe under section 206(a) of this title. This subsection does

not apply to a member who is entitled to basic pay under section

204 of this title for the entire month.

(2)(A) If in any calendar month a member performs duty as

described in paragraph (1) and while entitled to basic pay also

performs hazardous duty as described in the same clause of

subsection (a) as constitutes the predicate for his entitlement

under paragraph (1), the earned units of measuring entitlement for

incentive pay under this section shall be combined. If the sum of

units determined under the preceding sentence equals or exceeds the

minimum standard prescribed by the President for entitlement to pay

specified under subsections (b) and (c) for a member of

corresponding grade who is entitled to basic pay for the entire

relevant month, the member shall be entitled to an increase in

compensation equal to 1/30 of the monthly incentive pay authorized

by subsection (b) or (c) for the performance of that hazardous duty

by a member of corresponding grade who is entitled to basic pay for

the entire month.

(B) A member who qualifies for entitlement under this paragraph

is entitled to the increase for each day in the relevant month in

which he is entitled to basic pay pursuant to section 204 of this

title or to compensation under section 206 of this title.

(C) In this paragraph, the term,(!1) "units" means the

significant increments of performance prescribed as qualifying

standards in regulations promulgated by the President pursuant to

this section.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88-132, Secs.

6-8, Oct. 2, 1963, 77 Stat. 215, 216; Pub. L. 89-149, Secs. 1-3,

Aug. 28, 1965, 79 Stat. 585; Pub. L. 89-278, Oct. 20, 1965, 79

Stat. 1011; Pub. L. 89-718, Sec. 52, Nov. 2, 1966, 80 Stat. 1121;

Pub. L. 92-436, title VI, Sec. 605, Sept. 26, 1972, 86 Stat. 740;

Pub. L. 93-294, Sec. 2(1), (2), May 31, 1974, 88 Stat. 177; Pub. L.

96-343, Sec. 2(a), Sept. 8, 1980, 94 Stat. 1123; Pub. L. 96-513,

title V, Sec. 516(5), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579,

Sec. 3(a)-(c), Dec. 23, 1980, 94 Stat. 3360; Pub. L. 97-60, title

I, Sec. 111(a)-(c), Oct. 14, 1981, 95 Stat. 992, 993; Pub. L.

98-94, title IX, Sec. 903(a), Sept. 24, 1983, 97 Stat. 635; Pub. L.

98-525, title VI, Sec. 624(a), Oct. 19, 1984, 98 Stat. 2542; Pub.

L. 99-145, title VI, Secs. 635(a), 647(a), title XIII, Sec.

1303(b)(2), Nov. 8, 1985, 99 Stat. 647, 655, 740; Pub. L. 99-661,

div. A, title XIII, Sec. 1342(a), Nov. 14, 1986, 100 Stat. 3991;

Pub. L. 100-26, Sec. 8(d)(1), (e)(2), Apr. 21, 1987, 101 Stat. 285,

286; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6,

1991, 105 Stat. 117; Pub. L. 102-190, div. A, title VI, Sec. 614,

title XI, Sec. 1111(d)(1), Dec. 5, 1991, 105 Stat. 1377, 1492; Pub.

L. 104-106, div. A, title VI, Sec. 615, Feb. 10, 1996, 110 Stat.

361; Pub. L. 105-85, div. A, title VI, Sec. 614, Nov. 18, 1997, 111

Stat. 1786; Pub. L. 105-261, div. A, title VI, Sec. 614(a), Oct.

17, 1998, 112 Stat. 2039; Pub. L. 107-107, div. A, title VI, Sec.

615(a), (b), Dec. 28, 2001, 115 Stat. 1136.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

301(a) 37:235(a). Feb. 18, 1946, ch. 30

(1st proviso under

"General Provision"), 60

Stat. 20.

301(b)

301(c)

37:235(b).

37:235(c).

301(d) 37:235(d). Oct. 12, 1949, ch. 681,

Secs. 204, 501(d), (e)

(as applicable to

incentive pay), 63 Stat.

809, 826, 827; Mar. 31,

1955, ch. 20, Sec.

2(4)-(7), 69 Stat.

19-21; Aug. 28, 1957,

Pub. L. 85-208, 71 Stat.

484; May 20, 1958, Pub.

L. 85-422, Sec. 1(6), 72

Stat. 124; June 30,

1960, Pub. L. 86-559,

Sec. 8, 74 Stat. 282;

July 12, 1960, Pub. L.

86-635, 74 Stat. 469;

Aug. 17, 1961, Pub. L.

87-145, Secs. 2, 3, 75

Stat. 382.

301(e)

301(f)

301(g)

37:235(e).

37:301(d).

37:301(e) (as applicable

to incentive pay).

37:118a-1.

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In subsection (a), the words "is also entitled" are substituted

for the words "shall, in addition thereto, be entitled". The words

"For the purposes of this subsection" are inserted for clarity. The

word "competent" is omitted as surplusage.

In subsection (b), the words preceding the tables are substituted

for section 235(b) (words preceding tables) of existing title 37.

The words "Years of service computed under section 205" are

inserted in the tables for clarity.

In subsection (f), the words "a member of a reserve component of

a uniformed service, or of the National Guard" are substituted for

the enumeration of the organizations concerned in section 301(d) of

existing title 37. The words "when . . . performs, under orders,

any duty described in subsection (a)(1)-(11) for members entitled

to basic pay" are substituted for the words "when required by

competent orders to perform any hazardous duty prescribed by or

pursuant to section 235 of this title for members of the uniformed

services entitled to receive basic pay and when in consequence of

such orders they do perform any hazardous duty so prescribed". The

last sentence is substituted for section 301(e) (as applicable to

(d)) of existing title 37.

In subsection (g), the words "entitled to incentive pay under

section 301(a)(1) of this title" are substituted for the words

"flight pay". At the time of the enactment of the source statute,

additional pay was authorized as "flight pay". However, the Career

Compensation Act of 1949 did not authorize "flight pay" but

provided incentive pay in section 204(a)(1) [now section 301(a)(1)

of this revised title] for "duty as a crew member . . . involving

frequent and regular participation in aerial flight". The words

"before January 2 of each year" are substituted for the words "On

or before January 1, annually". The word "grade" is substituted for

the word "rank" to conform to the definition in section 101(15) of

this revised title.

AMENDMENTS

2001 - Subsec. (a)(11), (12). Pub. L. 107-107, Sec. 615(a), added

par. (11) and redesignated former par. (11) as (12).

Subsec. (c)(1). Pub. L. 107-107, Sec. 615(b)(1), substituted

"(11) of subsection (a)" for "(10) of subsection (a)".

Subsec. (c)(2)(A). Pub. L. 107-107, Sec. 615(b)(2), substituted

"(12) of subsection (a)" for "(11) of subsection (a)".

1998 - Subsec. (b). Pub. L. 105-261 in table substituted "165"

for "150" as monthly rate for pay grade E-4, "190" for "150" as

monthly rate for pay grade E-5, "215" for "175" as monthly rate for

pay grade E-6, and "240" for "200" as monthly rate for pay grades

E-7 to E-9.

1997 - Subsec. (b). Pub. L. 105-85, Sec. 614(a)(2), in table

substituted "150" for "125" as monthly rate for pay grades O-1,

W-1, and E-4.

Pub. L. 105-85, Sec. 614(a)(1), in table substituted "150" for

"110" as monthly rate for pay grades O-7 to O-10 and E-1 to E-3.

Subsec. (c)(1). Pub. L. 105-85, Sec. 614(c), substituted "$150"

for "$110" and "$225" for "$165".

Subsec. (c)(2)(A). Pub. L. 105-85, Sec. 614(b), in table

substituted "150" for "100" in first column for pay grade W-1,

"150" for "110" in last column for pay grade O-7 and above, and

"150" for "125" in first column for pay grades O-1 to O-3, E-4 and

below, and E-5, in second column for pay grade W-1, and in

fourteenth and fifteenth columns for pay grade E-4 and below.

1996 - Subsec. (a)(11). Pub. L. 104-106, Sec. 615(a), substituted

"a member" for "an officer (other than a warrant officer)".

Subsec. (c)(2)(A). Pub. L. 104-106, Sec. 615(c)(1), substituted

"a member" for "an officer" in provisions before table.

Pub. L. 104-106, Sec. 615(b), amended table generally, adding

provisions relating to pay grades W-1 through W-4 and E-4 and below

through E-9.

Subsec. (c)(2)(B). Pub. L. 104-106, Sec. 615(c), substituted "a

member" for "an officer" and substituted "the member" for "the

officer" in two places.

1991 - Pub. L. 102-25 struck out "of this section" and "of this

subsection" wherever appearing.

Subsec. (b). Pub. L. 102-190, Sec. 1111(d)(1), in table inserted

provisions relating to pay grade of W-5, compensable at monthly

rate of $250, below item relating to pay grade O-1.

Subsec. (c)(1). Pub. L. 102-190, Sec. 614, substituted "in

military free fall operations involving parachute deployment by the

jumper without the use of a static line" for "at a high altitude

with a low opening".

1987 - Subsec. (a). Pub. L. 100-26, Sec. 8(e)(2)(A), substituted

"In this subsection, the term" for "For the purposes of this

subsection,".

Subsec. (b). Pub. L. 100-26, Sec. 8(d)(1), which directed that

subsec. (b) be amended by substituting "Monthly Rate" for "Monthly

rate" wherever appearing, could not be executed, because in the one

place where the words appear, both words were already capitalized.

Subsec. (f)(2)(C). Pub. L. 100-26, Sec. 8(e)(2)(B), substituted

"paragraph, the term" for "paragraph".

1986 - Subsec. (a)(1). Pub. L. 99-661 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "as a crew member, as

determined by the Secretary concerned, involving frequent and

regular participation in aerial flight;".

1985 - Subsec. (a)(1). Pub. L. 99-145, Sec. 635(a)(1)(A),

substituted "a crew member" for "an enlisted crew member".

Subsec. (a)(10). Pub. L. 99-145, Sec. 635(a)(1)(B), in amending

cl. (10) generally, designated existing provisions as cls. (A) and

(B) and added cl. (C).

Subsec. (b). Pub. L. 99-145, Sec. 635(a)(2), amended table

generally, striking out differentiation in pay rates based upon

years of service and reflect an upward adjustment in the monthly

incentive pay with respect to pay grades E-9 through E-1, and

inserted provisions relating to monthly incentive pay for pay

grades O-10 through O-1 and W-4 through W-1, respectively.

Subsec. (c)(1). Pub. L. 99-145, Sec. 1303(b)(2), directed the

substitution of "(10)," for "(10),,". See amendment note below.

Pub. L. 99-145, Sec. 635(a)(3), amended par. (1) generally. Prior

to amendment, par. (1) read as follows: "For the performance of the

hazardous duty described in clause (2), (3), (4), (5), (6), (7),

(8), (9), or (10),, of subsection (a) of this section, an officer

is entitled to $110 a month and an enlisted member is entitled to

$83 a month."

Subsec. (f). Pub. L. 99-145, Sec. 647(a), designated existing

provisions as par. (1), inserted "for the entire month" after

"section 204 of this title", and added par. (2).

1984 - Subsec. (a)(3). Pub. L. 98-525, Sec. 624(a)(1),

redesignated cl. (4) as (3). Former cl. (3), relating to duty

involving frequent and regular participation in glider flights, was

struck out.

Subsec. (a)(4). Pub. L. 98-525, Sec. 624(a)(1), redesignated cl.

(6) as (4). Former cl. (4) redesignated (3).

Subsec. (a)(5). Pub. L. 98-525, Sec. 624(a)(1), redesignated cl.

(7) as (5). Former cl. (5), relating to duty involving intimate

contact with persons afflicted with leprosy, was struck out.

Subsec. (a)(6) to (13). Pub. L. 98-525, Sec. 624(a)(1),

redesignated cls. (8) to (13) as (6) to (11), respectively.

Subsec. (c)(1). Pub. L. 98-525, Sec. 624(a)(2), substituted "or

(10)," for "(10), (11), or (12)".

Subsec. (c)(2). Pub. L. 98-525, Sec. 624(a)(3), substituted

"(11)" for "(13)".

1983 - Subsec. (a)(12). Pub. L. 98-94 inserted "or the testing of

aircraft or missile systems (or components of such systems) during

which highly toxic fuels or propellants are used".

1981 - Subsec. (a). Pub. L. 97-60, Sec. 111(a), inserted

reference in cl. (10) to a ship other than an aircraft carrier from

which aircraft are launched, and added cls. (11) to (13).

Subsec. (b). Pub. L. 97-60, Sec. 111(b), amended table to reflect

an upward adjustment in the monthly incentive pay.

Subsec. (c). Pub. L. 97-60, Sec. 111(c), designated existing

provisions as par. (1), inserted reference to cls. (11) and (12) of

subsec. (a) of this section and substituted "$83" for "$55", and

added par. (2).

1980 - Subsec. (a)(2). Pub. L. 96-579, Sec. 3(a), redesignated

cl. (4) as (2) and struck out former cl. (2) defining "hazardous

duty" as including submarine duty. See section 301c(a)(5) of this

title.

Pub. L. 96-513, Sec. 516(5)(A), (B), in subcl. (B) substituted

reference to subcl. (A) for reference to cl. (A), and in subcl. (B)

substituted reference to subcl. (B) for reference to cl. (B).

Subsec. (a)(3). Pub. L. 96-579, Sec. 3(a), redesignated cl. (5)

as (3) and struck out former cl. (3) defining "hazardous duty" as

including duty as an operator or crew member of an operational,

self-propelled submersible, including undersea exploration and

research vehicles. See section 301c(a)(5) of this title.

Subsec. (a)(4) to (12). Pub. L. 96-579, Sec. 3(a), redesignated

cls. (4) to (12) as (2) to (10), respectively.

Subsec. (b). Pub. L. 96-579, Sec. 3(b), struck out par. (1)

designation for provision relating to monthly flight incentive pay

for enlisted members and struck out par. (2) relating to monthly

incentive pay for commissioned officers, warrant officers, and

enlisted members for hazardous duty as crew member involving

frequent and regular participation in aerial flight, submarine

duty, and duty as an operator or crew member of an operational,

self-propelled submersible, including undersea exploration and

research vehicles, now reflected as to enlisted members in

currently upgraded scale in subsec. (b) table and covered in

section 301c(b) table reflecting currently upgraded scale for

submarine duty by enlisted members, commissioned officers, and

warrant officers.

Pub. L. 96-343 redesignated existing provision as par. (2),

substituted "(2) or (3)" for "(1), (2), or (3)", and added par.

(1).

Subsec. (c). Pub. L. 96-579, Sec. 3(c), inserted references to

cls. (2) and (3) and struck out references to cls. (11) and (12) of

subsec. (a) of this section.

Subsec. (f). Pub. L. 96-513, Sec. 516(5)(C), substituted

reference to subsection (a) for reference to subsection

(a)(1)-(12).

1974 - Subsec. (a)(1). Pub. L. 93-294, Sec. 2(1), substituted "an

enlisted crew member" for "a crew member".

Subsec. (g). Pub. L. 93-294, Sec. 2(2), repealed subsec. (g)

which required the Secretary of each military department to report

to Congress before January 2 each year the number of officers of

the Army, Navy, or Air Force, as the case may be, above the grade

of major or lieutenant commander, by grade and age group, who were

entitled to incentive pay under subsec. (a)(1) of this section. See

section 301a of this title.

1972 - Subsec. (a)(2)(A). Pub. L. 92-436 included in the

hazardous duty for incentive pay of a member of a submarine

operational command the application of hours served underway in

excess of 48 during the preceding five calendar months and not used

to qualify for incentive pay, to satisfy of underway time

requirements for the current month.

1966 - Subsec. (a)(2). Pub. L. 89-718 made only style changes by

capitalizing letter designations for cls. "A", "B", and "C" and by

setting off text following cl. C through the device of moving the

margin to the left of the margin for the clauses.

1965 - Subsec. (a)(2). Pub. L. 89-278 included duty as a member

of a submarine operational command staff whose duties require

serving on a submarine during underway operations for certain

specified periods within term "hazardous duty".

Subsec. (a)(12). Pub. L. 89-149, Sec. 1, added cl. (12).

Subsecs. (c), (f). Pub. L. 89-149, Secs. 2, 3, inserted reference

to cl. (12) of subsec. (a).

1963 - Subsec. (a)(2). Pub. L. 88-132, Sec. 6, substituted "as

determined by the Secretary concerned, on a submarine (including,

in the case of nuclear-powered submarines, periods of training and

rehabilitation after assignment thereto), or, in the case of

personnel qualified in submarines, as a prospective crew-member of

a submarine being constructed, and during periods of instruction to

prepare for assignment to a submarine of advanced design or a

position of increased responsibility on a submarine" for "on board

a submarine, including, in the case of nuclear-powered submarines,

periods of training and rehabilitation after assignment thereto as

determined by the Secretary concerned, and including submarines

under construction from the time builders' trials begin".

Subsec. (a)(9). Pub. L. 88-132, Sec. 7, substituted "inside a

high- or low-pressure chamber" for "as a low-pressure chamber

inside observer".

Subsec. (e). Pub. L. 88-132, Sec. 8, substituted "not more than

two payments" for "only one payment".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 615(c), Dec. 28, 2001,

115 Stat. 1136, provided that: "Paragraph (11) of section 301(a) of

title 37, United States Code, as added by subsection (a)(3), shall

apply to duty described in such paragraph that is performed on or

after January 1, 2002."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title VI, Sec. 614(b), Oct. 17, 1998,

112 Stat. 2040, provided that: "The amendment made by subsection

(a) [amending this section] shall take effect on October 1, 1998,

and shall apply with respect to months beginning on or after that

date."

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 1111(d)(1) of Pub. L. 102-190 effective Feb.

1, 1992, see section 1132 of Pub. L. 102-190, set out as a note

under section 521 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1342(h)(1) of Pub. L. 99-661 provided that: "The

amendments made by subsections (a) through (d) [amending this

section and section 302 of this title and provisions set out as

notes under sections 302b and 403 of this title] shall take effect

on October 1, 1986, or the date of the enactment of this Act [Nov.

14, 1986], whichever is later."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 635(b) of Pub. L. 99-145 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 1985."

Section 647(b) of Pub. L. 99-145 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

payments of incentive pay for hazardous duty performed after

September 30, 1985."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 903(b) of Pub. L. 98-94 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1983."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 111(d) of Pub. L. 97-60 provided that: "The amendments

made by this section [amending this section] shall take effect as

of October 1, 1981."

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-579 effective Jan. 1, 1981, see section

3(g) of Pub. L. 96-579, set out as an Effective Date note under

section 301c of this title.

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

Section 2(c) of Pub. L. 96-343 provided that: "The amendments

made by this section [amending this section] shall be effective

with respect to incentive pay payable for months after August

1980."

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-294 effective June 1, 1974, see section 6

of Pub. L. 93-294, set out as an Effective Date note under section

301a of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of this

title.

RETENTION INCENTIVES INITIATIVE FOR CRITICALLY SHORT MILITARY

OCCUPATIONAL SPECIALTIES

Pub. L. 105-261, div. A, title VI, Sec. 622, Oct. 17, 1998, 112

Stat. 2042, provided that:

"(a) Requirement for New Incentives. - The Secretary of Defense

shall establish and provide for members of the Armed Forces

qualified in critically short military occupational specialties a

series of new incentives that the Secretary considers potentially

effective for increasing the rates at which those members are

retained in the Armed Forces for service in such specialties.

"(b) Critically Short Military Occupational Specialties. - For

the purposes of this section, a military occupational specialty is

a critically short military occupational specialty for an Armed

Force if the number of members retained in that Armed Force in

fiscal year 1998 for service in that specialty is less than 50

percent of the number of members of that Armed Force that were

projected to be retained in that Armed Force for service in the

specialty by the Secretary of the military department concerned as

of October 1, 1997.

"(c) Incentives. - It is the sense of Congress that, among the

new incentives established and provided under this section, the

Secretary of Defense should include the following incentives:

"(1) Family support and leave allowances.

"(2) Increased special reenlistment or retention bonuses.

"(3) Repayment of educational loans.

"(4) Priority of selection for assignment to preferred

permanent duty station or for extension at permanent duty

station.

"(5) Modified leave policies.

"(6) Special consideration for Government housing or additional

housing allowances.

"(d) Relationship to Other Incentives. - Incentives provided

under this section are in addition to any special pay or other

benefit that is authorized under any other provision of law.

"(e) Reports. - (1) Not later than December 1, 1998, the

Secretary of Defense shall submit to the congressional defense

committees [Committees on Armed Services and Appropriations of the

Senate and the House of Representatives] a report that identifies,

for each of the Armed Forces, the critically short military

occupational specialties to which incentives under this section are

to apply.

"(2) Not later than April 15, 1999, the Secretary of Defense

shall submit to the congressional defense committees a report that

specifies, for each of the Armed Forces, the incentives that are to

be provided under this section."

PERSONS ENTITLED TO RECEIVE INCENTIVE PAY FOR DUTY INVOLVING

CONTACT WITH PERSONS AFFLICTED WITH LEPROSY

Section 624(b) of Pub. L. 98-525 provided that: "A member of the

uniformed services who is entitled on the day before the date of

the enactment of this Act [Oct. 19, 1984] to receive incentive pay

under section 301(a)(5) [subsec. (a)(5) of this section] (for the

performance of duty involving intimate contact with persons

afflicted with leprosy) shall continue to be entitled to such pay

under such section as in effect on that day so long as the member

continues (without a break) to be assigned to perform such duties

on and after that day."

-EXEC-

EXECUTIVE ORDER NO. 10152

Ex. Ord. No. 10152, Aug. 17, 1950, 15 F.R. 5489, as amended by

Ex. Ord. No. 10618, July 1, 1955, 20 F.R. 4671; Ex. Ord. No. 10681,

Oct. 24, 1956, 21 F.R. 8129; Ex. Ord. No. 10739, Nov. 19, 1957, 22

F.R. 9205; Ex. Ord. No. 10892, Nov. 10, 1960, 25 F.R. 10731; Ex.

Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631, which concerned

regulations relating to incentive pay for performance of hazardous

duty, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R.

7973, set out below.

EX. ORD. NO. 11157. REGULATIONS RELATING TO INCENTIVE PAY, SPECIAL

PAY, AND ALLOWANCES

Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, as amended by

Ex. Ord. No. 11242, Aug. 28, 1965, 30 F.R. 11205; Ex. Ord. No.

11253, Oct. 20, 1965, 30 F.R. 13509; Ex. Ord. No. 11259, Dec. 3,

1965, 30 F.R. 15057; Ex. Ord. No. 11292, Aug. 1, 1966, 31 F.R.

10447; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord.

No. 11424, Aug. 29, 1968, 33 F.R. 12361; Ex. Ord. No. 11473, June

14, 1969, 34 F.R. 9485; Ex. Ord. No. 11511, Feb. 27, 1970, 35 F.R.

3877; Ex. Ord. No. 11591, Apr. 23, 1971, 36 F.R. 7833; Ex. Ord. No.

11716, Apr. 26, 1973, 38 F.R. 10621; Ex. Ord. No. 11728, July 12,

1973, 38 F.R. 18861; Ex. Ord. No. 11897, Jan. 13, 1976, 41 F.R.

2071; Ex. Ord. No. 11929, July 26, 1976, 41 F.R. 31159; Ex. Ord.

No. 11939, Sept. 30, 1976, 41 F.R. 43705; Ex. Ord. No. 12094, Nov.

1, 1978, 43 F.R. 51379; Ex. Ord. No. 12243, Oct. 3, 1980, 45 F.R.

66439; Ex. Ord. No. 12274, Jan. 16, 1981, 46 F.R. 5855; Ex. Ord.

No. 12337, Jan. 11, 1982, 47 F.R. 1367, eff. Sept. 15, 1981; Ex.

Ord. No. 12380, Aug. 18, 1982, 47 F.R. 36605, eff. Jan. 1, 1981;

Ex. Ord. No. 12394, Nov. 18, 1982, 47 F.R. 52405, eff. Oct. 1,

1981; Ex. Ord. No. 12420, May 11, 1983, 48 F.R. 21525, eff. Oct. 1,

1981; Ex. Ord. No. 12488, Sept. 27, 1984, 49 F.R. 38525, eff. Oct.

1, 1983; Ex. Ord. No. 12494, Dec. 6, 1984, 49 F.R. 48175; Ex. Ord.

No. 12541, Dec. 30, 1985, 51 F.R. 585, eff. Jan. 1, 1986; Ex. Ord.

No. 12573, Nov. 6, 1986, 51 F.R. 40954, eff. in part Oct. 1, 1985;

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No.

12762, June 4, 1991, 56 F.R. 25993; Ex. Ord. No. 12935, Oct. 28,

1994, 59 F.R. 54511, provided:

By virtue of the authority vested in me by sections 301(a) and

(f), 305(a), 402(f), and 403(g) of title 37 of the United States

Code, and as President of the United States and Commander in Chief

of the armed forces of the United States, it is hereby ordered as

follows:

PART I - INCENTIVE PAY FOR HAZARDOUS DUTY

Sec. 101. For the purposes of these regulations:

(a) The term "aerial flight" shall be construed to mean flight in

an aircraft, glider, or spacecraft; and a flight shall be deemed to

begin when the aircraft, glider, or spacecraft takes off from rest

at any point of support located on the surface of the earth and to

terminate when it next comes to a complete stop at a point of

support located on the surface of the earth.

(b) The term "aviation accident" shall be construed to mean an

accident in which a member who is required to participate

frequently and regularly in aerial flight is injured or otherwise

incapacitated as the result, as attested by the appropriate medical

authority of the uniformed service concerned, of (1) jumping from,

being thrown from or being struck by, an aircraft, glider, or

spacecraft, or any part or auxiliary thereof, or (2) participation

in any duly authorized aerial flight or other aircraft, glider, or

spacecraft operations.

Sec. 102. Under such regulations as the Secretary concerned may

prescribe, any member of the uniformed services, including members

assigned to special, administrative, or school duties, may be

required by competent orders to perform hazardous duty.

Sec. 103. (a) Each member who is required by competent orders to

participate frequently and regularly in aerial flights, other than

glider flights, shall make the flights required as a crew member or

as a non-crew member as directed by competent authority.

(b) Determinations as to what constitutes duty as a crew member

and duty as a non-crew member shall be made in accordance with

regulations prescribed by the Secretary concerned: Provided, That

such determinations shall be uniform for all the services to the

fullest extent practicable.

Sec. 104. Under such regulations as the Secretary concerned may

prescribe, members who are required by competent orders to

participate frequently and regularly in aerial flights, other than

glider flights, shall be required to meet the following minimum

flight requirements, except as otherwise provided in section 110

hereof, in order to be entitled to receive monthly incentive pay

for the performance of hazardous duty.

(a) Minimum flight requirements for members on active duty who

may qualify for incentive pay under the provisions of section

301(a) of title 37, United States Code:

(1) During one calendar month: 4 hours of aerial flight; however,

hours of aerial flight performed during the immediately preceding

five calendar months and not already used to qualify for incentive

pay may be applied to satisfy the aerial flight requirement for

that month.

(2) During any two consecutive calendar months when the

requirements of clause (1) above have not been met: 8 hours of

aerial flight.

(3) During any three consecutive calendar months when the

requirements of clause (2) above have not been met: 12 hours of

aerial flight.

(4) For fractions of a calendar month, the time of aerial flight

required shall bear the same ratio to the time required for a full

calendar month as the period in question bears to a full calendar

month.

(5) For fractions of two consecutive calendar months, the period

in question shall be considered as a unit and the time of aerial

flight required shall bear the same ratio to the time required for

a full calendar month as the period in question bears to a full

calendar month.

(6) Whenever, under authority conferred by the Secretary

concerned, the commanding officer of any member who has been

required by competent orders to participate frequently and

regularly in aerial flights, other than glider flights, certifies

that on account of military operations of the particular command or

on account of the unavailability of aircraft such member was unable

to perform the aerial flights required by this section, such member

may comply with the minimum flight requirements by performing at

least 24 hours of aerial flight over a period of six consecutive

calendar months, and such requirements may be met at any time

during such period.

(b) Minimum flight requirements for members of reserve components

of the uniformed services on inactive-duty training who may qualify

for incentive pay under the provisions of section 301(f) of title

37, United States Code:

(1) During one calendar month: 2 hours of aerial flight; however,

hours of aerial flight performed during the immediately preceding

five calendar months and not already used to qualify for incentive

pay may be applied to satisfy the aerial flight requirement for

that month.

(2) During any two consecutive calendar months, when the

requirements of clause (1) above have not been met: 4 hours of

aerial flight.

(3) During any three consecutive calendar months when the

requirements of clause (2) above have not been met: 6 hours of

aerial flight.

(4) For fractions of a calendar month, the time of aerial flight

required shall bear the same ratio to the time required for a full

calendar month as the period in question bears to a full calendar

month.

(5) For fractions of two consecutive calendar months, the period

in question shall be considered as a unit and the time of aerial

flight required shall bear the same ratio to the time required for

a full calendar month as the period in question bears to a full

calendar month.

(c) Minimum flight requirements for members of reserve components

of the uniformed services who perform both active-duty and

inactive-duty training during the same calendar month and who may

qualify for incentive pay under the provisions of both sections

301(a) and 301(f) of title 37 of the United States Code:

(1) For periods of active duty, those prescribed by clause (4) of

subsection (a) of this section.

(2) For periods of inactive-duty training, those prescribed by

clause (4) of subsection (b) of this section.

However, the total flight requirements as determined by clauses (1)

and (2) of this subsection may be met at any time during such

calendar month -

(i) on inactive-duty training, or

(ii) on active-duty and inactive-duty training, if the

inactive-duty flight requirement for such month has been met.

Sec. 105. Members shall not be entitled to receive incentive pay

for participation in aerial flights for any period while suspended

from such participation, unless such suspension is subsequently

removed and the minimum flight requirements prescribed in section

104 hereof have been complied with, except as otherwise provided in

section 110 and 114 hereof.

Sec. 106. (a) As determined by the Secretary of the Navy, a

member who is entitled to basic pay, who holds or is in training

leading to a submarine duty designator, and who is in and remains

in the submarine service on a career basis, is entitled to

continuous monthly submarine duty incentive pay, subject to the

performance of the required number of years of operational

submarine duty (37 U.S.C. 301c(a)(3)-(4)), except as provided by 37

U.S.C. 301c(c).

(b) As determined by the Secretary of the Navy, a member who is

entitled to basic pay but is not entitled to continuous monthly

submarine duty incentive pay is entitled to submarine duty

incentive pay for any period during which such member performs

frequent and regular operational submarine duty required by orders.

(c) To the extent provided for by appropriations, a member of the

Naval Reserve who is entitled to compensation under Section 206 of

Title 37 of the United States Code, and who performs, under orders,

duty on a submarine during underway operations, is eligible for an

increase in such compensation equal to one-thirtieth of the monthly

submarine duty incentive pay for the performance of that duty by a

member of a corresponding grade and years of service who is

entitled to basic pay when those orders specify such increased

entitlement. Such member is eligible for the increase for each day

served, for as long as he is qualified for it, during each regular

period of appropriate duty.

(d) The Secretary of the Navy is hereby designated and empowered

to issue additional implementing regulations with respect to

entitlement of regular and reserve officers and enlisted members of

the Navy to submarine duty incentive pay, or continuous monthly

submarine duty incentive pay.

Sec. 107. (a) Members who are qualified as glider personnel under

such regulations as the Secretary concerned may prescribe, or who

are undergoing training for such qualification, and who are

required by competent orders to participate frequently and

regularly in glider flights shall be required to perform one or

more glider flights, without regard to duration thereof, during any

three consecutive calendar months in order to be entitled to

receive incentive pay for such period.

(b) Whenever, under authority conferred by the Secretary

concerned, the commanding officer of any member who has been

required by competent orders to participate frequently and

regularly in glider flights certifies that on account of the

absence or inadequacy of glider equipment or towing aircraft or

other means of propulsion, or on account of military operations of

the particular command, such member was unable to perform the

glider flights required by this section, such member may comply

with the minimum flight requirements by performing four or more

glider flights, without regard to duration thereof, during a period

of 12 consecutive calendar months, and such requirements may be met

at any time during such period.

(c) Members of reserve components of the uniformed services who

have complied with the requirement prescribed in this section shall

be entitled to receive incentive pay for both active-duty and

inactive-duty training performed during such period.

Sec. 108. (a) As used in section 301(a) of title 37 of the United

States Code, the term "duty involving parachute jumping as an

essential part of military duty" shall be construed to mean duty

performed by members who, under such regulations as the Secretary

concerned may prescribe, have received a rating as a parachutist or

parachute rigger, or are undergoing training for such a rating, and

who are required by competent orders to engage in parachute jumping

from an aircraft in aerial flight.

(b) Members required by competent orders to engage in parachute

jumping shall be required to perform one or more parachute jumps

from an airplane in flight during any three consecutive calendar

months in order to be entitled to receive incentive pay for such

period.

(c) Whenever, under authority conferred by the Secretary

concerned, the commanding officer of any member who has been

required by competent orders to participate in parachute jumping

certifies that on account of the absence of jump equipment or

aircraft or on account of military operations of the particular

command such member was unable to make the jumps required by this

subsection, such member may comply with the minimum requirements by

performing four jumps during a period of 12 consecutive calendar

months, and such requirements may be met at any time during such

period. The minimum requirements may be waived by the commanding

officer of a member for any period that the member is unable to

perform the required jumps by reason of being engaged in combat

operations in a hostile fire area designated under Section 310 of

Title 37 of the United States Code.

(d) Members of reserve components of the uniformed services who

have complied with requirements prescribed in this section shall be

entitled to receive incentive pay for both active-duty and

inactive-duty training performed during such period.

Sec. 109. As used in section 301(a) of title 37 of the United

States Code -

(a) The term "duty involving intimate contact with persons

afflicted with leprosy" shall be construed to mean duty performed

by any member who is assigned by competent orders to a leprosarium

for the performance of duty for a period of 30 days or more or for

a period of instruction, whether or not such leprosarium is under

the jurisdiction of one of the uniformed services.

(b) The term "duty involving the demolition of explosives" shall

be construed to mean duty performed by members who, pursuant to

competent orders and as a primary duty assignment (1) demolish by

the use of explosives objects, obstacles, or explosives, or recover

and render harmless, by disarming or demolition, explosives which

have failed to function as intended or which have become a

potential hazard; (2) participate as students or instructors in

instructional training, including that in the field or fleet, for

the duties described in clause (1) hereof, provided that live

explosives are used in such training; (3) participate in

proficiency training, including that in the field or fleet, for the

maintenance of skill in the duties described in clause (1) hereof,

provided that live explosives are used in such training; or (4)

experiment with or develop tools, equipment, or procedures for the

demolition and rendering harmless of explosives, provided that live

explosives are used.

(c) The term "duty inside a high- or low-pressure chamber" shall

be construed to mean duty performed within pressure chambers at

physiological facilities by members assigned to that duty.

(d) The term "duty as human acceleration or deceleration

experimental subject" shall be construed to mean duty performed by

members exposed as human acceleration or deceleration experimental

subjects utilizing experimental acceleration or deceleration

devices.

(e) The term "duty as human test subject in thermal stress

experiments" shall be construed to mean duty performed by members

exposed as human thermal experimental subjects in thermal stress

experiments conducted under the supervision of any laboratory

designated by the Secretary concerned.

(f) The term "duty involving frequent and regular participation

in flight operations on the flight deck of an aircraft carrier or

of a ship other than an aircraft carrier from which aircraft are

launched" shall be construed to mean duty performed by members who

are designated for and ordered to such duty by competent authority

from among the crew of a ship from which aircraft are launched or

an aviation unit operating from that type of ship, and who, in any

calendar month (1) participate in flight operations on the flight

deck during a minimum of four days, or (2) participate, on the

flight deck, in a minimum number of aircraft launches or

recoveries, or both, that is prescribed by the Secretary concerned

as the equivalent of participation under clause (1). No member

shall be entitled, however, to receive the pay provided for in this

subsection if, during any month or portion thereof, he is also

eligible to receive incentive pay for other hazardous duty under

the provisions of Section 301 of Title 37, United States Code.

(g) The term "duty involving the servicing of aircraft or

missiles with highly toxic fuels or propellants or the testing of

aircraft or missile systems (or components of such systems) during

which highly toxic fuels or propellants are used" shall be

construed to mean duty performed by members as a primary duty that

requires (1) removal, replacement, and servicing of the emergency

power unit of an aircraft with H-70 propellant (30 percent water,

70 percent hydrazine); (2) participation by those personnel

performing duties described in (g)(1) who must also participate in

an emergency response force, spill containment, or spill cleanup

involving H-70 propellant (30 percent water, 70 percent hydrazine);

(3) handling and maintaining the liquid propellants (liquid

oxidizer-nitrogen tetroxide; unsymmetrical dimethyl hydrazine) used

in the Titan weapon system, if such duty requires qualification in

the use of the Rocket Fuel Handler's Clothing Outfit and involves

(A) launch duct operations, including flow, pressurization,

on-load, set-up or tear down involving propellant transfer

operations; (B) set-up, installation or tear down for fuel/oxidizer

flow; (C) decontamination of equipment, including, but not limited

to, the Rocket Fuel Handler's Clothing Outfit; (D) venting or

pressurizing missile fuel or oxidizer tanks; (E) removing or

replacing missile components while missile fuel and oxidizer tanks

are loaded with such propellants; (F) transferring propellants

between commercial and military holding trailers, or between

holding trailers and fuel/oxidizer pump rooms; or normal preventive

maintenance activities including, but not limited to, seal changes;

(4) handling and maintaining the propellants, unsymmetrical

dimethyl hydrazine and inhibited red-fuming nitric acid, used in

the LANCE missile system; (5) handling, transporting or working

with toxic fuels/propellants by members assigned to the Air Force

Rocket Propulsion Lab (AFRPL) who (A) directly manage and inspect

the activities of crew members conducting operations involving

experimental rocket propulsion systems and components; (B) directly

monitor and set up measurement instruments in operational areas

where contamination is suspected or may be physically present; (C)

install and remove instrumentation devices from propulsion systems

and components; (D) perform final test preparation and immediate

safety inspection duties around pressurized, active systems during

prerun and postrun test periods; or, (E) install and repair

electrical systems; (6) handling, loading/unloading and

transporting toxic fuels and oxidizers at the precision sled track

while working with the liquid rocket sled, which uses JP-X (a

mixture of jet fuel (JP-4) and unsymmetrical dimethyl hydrazine)

and red-fuming nitric acid and a propulsion; or (7) involvement

with other toxic substances contained in missile or aircraft weapon

system fuels or propellants as determined by the Secretary

concerned. The entitlement to the pay provided for in this

subsection is based upon the performance of such duty which has the

potential for accidental or inadvertent exposure to highly toxic

fuels or propellants or related substances and not upon actual

quantifiable exposure to such substances. Therefore, neither this

construction of the term nor the receipt of the pay provided for in

this subsection may be construed as indicating that any person

entitled to such pay has been actually exposed to highly toxic

fuels or propellants or related substances contrary to the

provisions of any statute, Executive order, rule, or regulation

relating to health or safety which is applicable to the uniformed

services.

(h) The term "duty involving frequent and regular exposure to

highly toxic pesticides" shall be construed to mean duty performed

by members who, while under competent orders assigning such members

to the entomology, pest control, pest management, or preventive

medicine functions of a uniformed service for a period of 30

consecutive days or more, are required to perform in any calendar

month a fumigation task utilizing (1) phosphine, sulfuryl fluoride,

hydrogen cyanide, methyl bromide, or (2) a fumigant of comparable

high acute toxicity and hazard potential. The use of solid fumigant

formulations, such as aluminum phosphide, magnesium phosphide and

calcium cyanide, in the outdoor control of burrowing animals does

not qualify a member for incentive pay under this subsection.

(i) The term "duty involving laboratory work that utilizes live

dangerous viruses or bacteria" shall be construed to mean primary

duty performed by members who work with micro-organisms (1) that

cause disease (A) with a high potential for mortality, and (B) for

which effective therapeutic procedures are not available, and (2)

for which no effective prophylactic immunization exists, while such

members are assigned by competent orders for a period of 30

consecutive days or more to participate in or conduct applied or

basic research that is characterized by a changing variety of

techniques, procedures, equipment, and experiments.

(j) The term "the handling of chemical munitions (or components

of such munitions)" shall be construed to mean duty performed by

members as a primary duty which routinely requires (1) direct

physical handling of toxic chemical munitions incident to storage,

maintenance, testing, surveillance, assembly, disassembly,

demilitarization, or disposal of said munitions; (2) direct

physical handling of chemical surety material, as defined by the

Secretary concerned, incident to manufacture, storage, testing,

laboratory analysis, detoxification, or disposal of said material;

(3) direct physical handling of toxic chemical munitions incident

to technical escort of shipments of said munitions; (4) direct

physical handling of chemical surety material, as defined by the

Secretary concerned incident to technical escort of shipments of

said material. The term does not include the handling of the

individual components of binary chemical agents or munitions. The

term does not include user handling incident to loading, firing, or

otherwise launching the toxic chemical munitions nor field storage

operations during hostilities. The term also excludes the handling

of Research, Development, Testing and Evaluation Dilute Solutions

of toxic chemicals as defined by the Secretary concerned. It also

excludes the handling of riot control agents, chemical defoliants

and herbicides, smoke, flame and incendiaries, and industrial

chemicals. The entitlement to the pay provided for in this

subsection is based upon the performance of such duty that has the

potential for accidental exposure to chemical agents and not upon

actual quantifiable exposure to such agents. Therefore, neither the

construction of the term nor the receipt of pay provided for in

this subsection may be construed as indicating that any person

entitled to such pay actually has been exposed to chemical agents

contrary to the provisions of any statute, executive order, rule,

or regulations relating to the health and safety which is

applicable to the uniformed services.

Sec. 110. Any member who is required by competent orders to

perform hazardous duty, or multiple hazardous duties, and who

becomes injured or otherwise incapacitated as a result of the

performance of any such hazardous duty, by aviation accident or

otherwise, shall be deemed to have fulfilled all of the

requirements for the performance of all hazardous duties which he

is required by competent orders to perform, for a period not to

exceed three months following the date as of which such incapacity

is determined by the appropriate medical authority.

Sec. 111. Members required by competent orders to perform

hazardous duty shall, upon compliance with the requirements of

these regulations, be entitled to receive incentive pay during

authorized leaves of absence.

Sec. 112. Under such regulations as the Secretary concerned may

prescribe, a member who performs multiple hazardous duties under

competent orders may be paid not more than two payments of

incentive pay for a period of time during which he qualifies for

more than one such payment. Dual payments of incentive pay shall be

limited to those members who are required by competent orders to

perform specific multiple hazardous duties in order to carry out

their assigned missions.

Sec. 113. The Secretaries concerned are hereby authorized to

prescribe such supplementary regulations not inconsistent herewith

as they may deem necessary or desirable for carrying out these

regulations, and such supplementary regulations shall be uniform

for all the services to the fullest extent practicable.

Sec. 114. Under such regulations as the Secretary of Defense and

the Secretary of Transportation may prescribe with respect to

enlisted members within their respective jurisdictions, any

enlisted member who has been required by competent orders to

perform duty as a crew member involving frequent and regular

participation in aerial flight shall, if he is involuntarily

removed from the performance of that duty, under circumstances

prescribed by such regulations with less than 120 days' advance

notice, be deemed to have fulfilled all of the requirements for

payment of incentive pay under section 301(a)(1) or (f) of title 37

of the United States Code, for that duty for up to 120 days after

the date on which he was notified of such removal.

PART II - SPECIAL PAY FOR SEA DUTY AND DUTY AT CERTAIN PLACES

Sec. 201. (a) The following members of a uniformed service who

are entitled to receive basic pay shall be entitled to receive,

additionally, career sea pay while on sea duty:

(1) enlisted members who are in pay grade E-4 or above,

(2) warrant officers,

(3) commissioned officers in pay grade O-3 or above who have over

three years of sea duty, and

(4) commissioned officers in pay grades O-1 and O-2 with at least

four years active service as enlisted members or as noncommissioned

warrant officers and over three years of sea duty.

(b) The period of sea duty shall include the date of reporting

and the date of detachment as stated in orders. Career sea pay

shall be at the rates prescribed in Section 305a of Title 37 of the

United States Code.

Sec. 202. A member of a uniformed service who is entitled to

career sea pay and who has served 36 consecutive months of sea duty

as such period is computed under regulations of the Secretary

concerned, is entitled to a monthly career sea pay premium for the

thirty-seventh consecutive month and each subsequent consecutive

month of sea duty service by such member when such member is

entitled to career sea pay. In the regulations published by the

Secretary concerned, the term "consecutive months of sea duty" may

be defined to include periods during which a member is serving in

or under orders to duties, service in which qualifies the member

for career sea pay, either periodically or continuously during

assignment to such duties. Examples of such periods are periods of

service as a member of a two crewed submarine or fleet aviation

units assigned to ships, or periods for training, hospitalization,

or other periods of a similar nature.

Sec. 203. The Secretaries concerned (within the meaning of

section 101(5) of title 37, United States Code) with respect to

personnel of the uniformed service within their respective

departments, are hereby authorized to prescribe such supplementary

regulations, not inconsistent herewith, as they may deem necessary

or desirable for carrying out the provisions of sections 305 and

305a of title 37 and this Executive Order. Such regulations shall

be uniform for all the services to the fullest extent possible.

Sec. 204. Enlisted members entitled to receive basic pay shall be

entitled to receive, additionally, pay at the rates prescribed by

section 305(a) of title 37 of the United States Code while on duty

at places that are outside the 48 contiguous States and the

District of Columbia and that are designated for this purpose by

the Secretary of Defense or, in the case of enlisted members of the

Coast Guard when it is not operating as a service in the Navy, by

the Secretary of Transportation. Subject to provisions of section

305 of title 37 of the United States Code, an enlisted member who

is permanently assigned to duty at a place so designated is

entitled to receive that pay during a period of authorized leave,

temporary additional duty, temporary duty, or hospitalization or

while on an operational aircraft flight, but not more than 30 days

while he is away from that place. Enlisted members shall be

entitled to special pay under this section when attached to ships

undergoing repair and overhaul in designated foreign-duty areas for

extended periods when entitlement to special pay for sea duty has

been terminated. Such enlisted members shall be entitled to special

pay for sea duty under the same conditions as an enlisted member on

temporary additional duty or temporary duty in that designated

foreign-duty area.

Sec. 205. Unless otherwise entitled to special pay in accord with

the second sentence of section 204 hereof, during periods spent on

temporary additional duty or temporary duty or on operational

aircraft flights, pay in accord with section 204 shall accrue to

enlisted members only for periods of eight continuous days or more

in duration at one or more places designated, including the dates

of arrival at and the dates of departure from those places.

Sec. 206. (a) No enlisted member shall be entitled under this

order to receive both career sea pay and pay for duty prescribed in

sections 204 and 205 hereof for the same period of time.

(b) [Deleted by Ex. Ord. No. 12274, Jan. 16, 1981, 46 F.R. 5855]

PART III - BASIC ALLOWANCES FOR SUBSISTENCE

Sec. 301. Enlisted members who are being subsisted in kind in a

mess and whose duties require them to be absent from their station

during one or more meals shall be entitled for each such meal to a

prorated share of the daily basic allowance for subsistence

authorized for members on duty at stations where rations in kind

are not available. The Secretary of Defense, the Secretary of

Transportation, and the Secretary of Commerce are hereby authorized

to establish the amount of the prorated share of the daily basic

allowance for subsistence applicable to each one of the three daily

meals, which amount shall be uniform for all the services

concerned. The total of the amounts of the shares for the three

daily meals shall not exceed the amount of the basic daily

allowance for subsistence authorized by section 402 of title 37 of

the United States Code.

Sec. 302. The Secretary of Defense, the Secretary of

Transportation, the Secretary of Commerce, and the Secretary of

Health and Human Services with respect to the personnel of the

uniformed services within their respective agencies, are hereby

authorized, subject to the provisions of section 303 hereof, to

prescribe such supplemental regulations, inconsistent herewith, as

they may deem necessary or desirable for carrying out the

provisions of this part and of the said section 402 of title 37 of

the United States Code: Provided, That such regulations shall be

uniform so far as practicable for all the services concerned.

Sec. 303. As used in regulations prescribed pursuant to section

302 hereof, those terms of the said section 402 of title 37 of the

United States Code which are quoted in the subsections of this

section shall have the meaning or application stated with respect

thereto:

(a) The term "entitled to receive basic pay" shall be considered

applicable to members while they are on the active list or while

they are required to perform duty in accordance with law for which

they are entitled to basic pay: Provided, that such term shall not

be applicable to any member while absent from duty under conditions

which, under laws governing the particular service concerned, would

prevent him from receiving full basic pay.

(b) The term "when rations in kind are not available" shall be

considered applicable in the case of enlisted members on duty at

stations where it is determined, in accordance with regulations

prescribed pursuant to section 302 hereof, that it is impracticable

for subsistence in kind to be furnished by the United States.

(c) The term "when permission to mess separately is granted"

shall be considered applicable in the case of enlisted members on

duty at stations or while sick in hospitals where a mess for

subsisting enlisted members is available and when such enlisted

members are authorized to subsist themselves independently. Such

term shall also be considered applicable in the case of enlisted

members during all periods of authorized leave, including periods

of leave or delay while en route between duty stations.

(d) The term "when assigned to duty under emergency conditions

where no messing facilities of the United States are available"

shall be considered applicable in the case of enlisted members

assigned to duty under conditions requiring extraordinary expenses

for subsistence as determined in accordance with regulations

prescribed pursuant to section 302 hereof.

(e) the term "field duty" for purposes of the third sentence of

subsection (b) of Section 402 of Title 37, United States Code,

shall mean service by a member when the member is subsisted in a

Government mess or with an organization drawing field rations, and

the member is serving with troops on maneuvers, war games, field

exercises, or similar types of operations.

(f) the term "sea duty" for purposes of the third sentence of

subsection (b) of Section 402 of Title 37, United States Code,

shall mean service performed by a member in a self-propelled vessel

that is in an active status, in commission or in service and is

equipped with berthing and messing facilities.

PART IV - BASIC ALLOWANCE FOR QUARTERS

Sec. 401. As used in this part:

(a) The term "entitled to receive basic pay" shall apply to a

member while on the active list or while required to perform duty

in accordance with law for which he is entitled to basic pay:

Provided, That such term shall not apply to any member while absent

from duty under conditions which, under laws governing the

particular service concerned, would prevent him from receiving full

basic pay.

(b) The term "field duty" shall mean service with troops on

maneuvers, war games, field exercises, or similar types of

operations.

(c) The term "sea duty" shall mean service performed by either an

officer or enlisted member in a self-propelled vessel that is in an

active status, in commission or in service and is equipped with

berthing and messing facilities. Duty for less than three months is

not considered to be sea duty. Duty for more than three months

under temporary orders which provide for return to the member's

same permanent station is not considered sea duty.

(d) The term "permanent station" shall mean the place on shore

where a member is assigned to duty, or the home yard or the home

port of a ship in which a member is required to perform duty, under

orders in each case which do not in terms provide for the

termination thereof; and any station on shore or any receiving ship

where a member is assigned and in fact occupies, with his

dependents, if any, quarters under the jurisdiction of any of the

uniformed services shall also be deemed during such occupancy to be

his permanent station: Provided, That in the case of members of the

National Guard, the Air National Guard or reserve components of any

of the uniformed services on active duty for training, the place

where the training duty is being performed shall be deemed to be

the permanent station of such members for the purposes of these

regulations.

(e) The term "deployed" shall apply to time during which the unit

is at sea or in a port more than 50 miles from its home port;

provided, however, time during which the unit is in a port for

overhaul or extended repairs is not to be considered deployed time.

Unanticipated overhauls or extended repairs which occur during a

period scheduled as extended deployment in the mission assignment

of the ship is time deployed unless otherwise classified by

appropriate command authority.

(f) [Deleted by Ex. Ord. No. 12541, Dec. 30, 1985, 51 F.R. 585]

Sec. 402. Except as otherwise by statute heretofore or hereafter

provided, a member shall be entitled to payment of basic allowances

for quarters, in accordance with these regulations and any

regulations prescribed pursuant hereto, during such time or times

as he is entitled to receive basic pay.

Sec. 403. (a) Any quarters of housing facilities under the

jurisdiction of any of the uniformed services in fact occupied

without payment of rental charges (1) by a member and his

dependents, or (2) by a member without dependents, or (3) by the

dependents of a member on field duty or on sea duty or on duty at a

station where adequate quarters are not available for his

dependents, shall be deemed to have been assigned to such member as

appropriate and adequate quarters, and no basic allowance for

quarters shall accrue to such member under such circumstances

unless the occupancy (A) occurs while such member is in a duty or

leave status incident to a change of permanent station and is of a

temporary nature under standards prescribed by regulations issued

by the Secretary of Defense in the case of members of the Army,

Navy, Air Force, or Marine Corps, and the reserve components

thereof, or by the appropriate Secretary in the case of members of

the other uniformed services, or (B) occurs while such member is in

a duty or leave status not incident to a change of permanent

station and does not exceed thirty consecutive days at one

location: Provided, That occupancy of quarters under such

circumstances for a period in excess of such 30-day period or such

other temporary period as may be authorized under standards

prescribed by regulations issued by the Secretary concerned shall

not result in a forfeiture of basic allowance for quarters for such

30-day or other authorized period: Provided, further, That this

paragraph shall not apply to occupancy of quarters as a guest of

another member.

(b) Whenever the President exercises his authority under Section

1009(c) of Title 37 of the United States Code, to allocate up to 25

percent of certain increases in basic pay to basic allowances for

quarters, a member without dependents who, under Section 403(b) or

(c) of that title, is not entitled to a basic allowance for

quarters shall become entitled to a portion of such basic allowance

for quarters. The amount of such partial basic allowance for

quarters shall equal the amount of any increases in basic pay which

are allocated by the President to the basic allowance for quarters.

(c) For purposes of Section 403 of Title 37 of the United States

Code, a member shall be deemed to be living in a "high housing cost

area" whenever the average monthly cost of housing, including

utilities, for housing appropriate for the member's grade, exceeds

115 percent of the amount of the basic allowance for quarters of

that member.

(d) During fiscal year 1981, members may be paid variable housing

allowance as permitted by Section 4(c) of the Military Personnel

and Compensation Amendments of 1980 (94 Stat. 1125; Public Law

96-343; 37 U.S.C. 403 note); a member shall be deemed to be living

in a "high housing cost area" whenever the estimated average

monthly cost of housing, including utilities, appropriate for the

member's grade, exceeds 115 percent of the amount of the basic

allowance for quarters of that member.

Sec. 404. When adequate quarters for his dependents are not

available for assignment at his permanent station to a member with

dependents, he may occupy quarters of the United States designated

for members without dependents without affecting his right to

receive payment of basic allowances for quarters, if permitted or

required to occupy quarters at such station. Under such

circumstances, a member may not occupy quarters of the United

States which exceed the minimum standards for members of his grade

without dependents, as prescribed by the Secretary concerned,

unless the only quarters available (a) exceed the minimum

standards, and (b) are made available for joint occupancy with

other members.

Sec. 405. A member away from his permanent station may occupy

quarters of the United States designated for members without

dependents at his temporary duty station without affecting his

right to receive payment of basic allowances for quarters or

assignment of quarters, if any, at his permanent station. Under

such circumstances, a member may not occupy quarters of the United

States which exceed the minimum standards for members of his grade

without dependents, as prescribed by the Secretary concerned,

unless the only quarters available (a) exceed the minimum

standards, and (b) are made available for joint occupancy with

other members.

Sec. 406. A member serving outside the United States, its

territories, or possessions in a duty assignment which has official

or diplomatic responsibilities involving officials of foreign

governments may be assigned quarters in excess of the minimum

standards set forth in sections 404 and 405 hereof, as prescribed

by the Secretary concerned: Provided, That no such quarters shall

be available on a continuous basis for single occupancy, if such

quarters are otherwise adequate for assignment as family housing to

members of similar rank.

Sec. 407. The Secretaries concerned (within the meaning of

section 101(5) of title 37 of the United States Code), with respect

to personnel of the uniformed services within their respective

departments, are hereby authorized to prescribe such supplementary

regulations not inconsistent herewith as they may deem necessary or

desirable for carrying out these regulations, and such

supplementary regulations shall be uniform for all the services to

the fullest extent practicable.

PART V - GENERAL PROVISIONS

Sec. 501. For the purpose of these regulations, the terms defined

in sections 101 and 401 of title 37 of the United States Code shall

have the meanings prescribed therein.

Sec. 502. The following Executive orders are revoked:

(a) Executive Order No. 10119 of March 27, 1950.

(b) Executive Order No. 10152 of August 17, 1950.

(c) Executive Order No. 10168 of October 11, 1950.

(d) Executive Order No. 10204 of January 15, 1951.

(e) Executive Order No. 10605 of April 22, 1955.

(f) Executive Order No. 10618 of June 28, 1955.

(g) Executive Order No. 10681 of October 22, 1956.

(h) Executive Order No. 10739 of November 15, 1957.

(i) Executive Order No. 10821 of May 20, 1959.

(j) Executive Order No. 10892 of November 8, 1960.

(k) Executive Order No. 10989 of January 22, 1962.

(l) Executive Order No. 11120 of October 2, 1963.

(m) Executive Order No. 11146 of March 13, 1964.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 301a, 304, 320, 552, 907,

1012 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

37 USC Sec. 301a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 301a. Incentive pay: aviation career

-STATUTE-

(a)(1) Subject to regulations prescribed by the President, a

member of a uniformed service who is entitled to basic pay is also

entitled to aviation career incentive pay in the amount set forth

in subsection (b) for the frequent and regular performance of

operational or proficiency flying duty required by orders.

(2) Aviation career incentive pay shall be restricted to regular

and reserve officers who hold, or are in training leading to, an

aeronautical rating or designation and who engage and remain in

aviation service on a career basis.

(3) Under regulations prescribed by the Secretary of Defense, the

Secretary of Homeland Security with respect to the Coast Guard when

it is not operating as a service in the Navy, or the Secretary of

Commerce and the Secretary of Health and Human Services with

respect to members under their respective jurisdiction, an officer

(except a flight surgeon or other medical officer) who is entitled

to basic pay, holds an aeronautical rating or designation, and is

qualified for aviation service under regulations prescribed by the

Secretary concerned, is entitled to continuous monthly incentive

pay in the amount set forth in subsection (b) that is applicable to

him. A flight surgeon or other medical officer who is entitled to

basic pay, holds an aeronautical rating or designation, and is

qualified for aviation service under regulations prescribed by the

Secretary concerned, is not entitled to continuous monthly

incentive pay but is entitled to monthly incentive pay in the

amounts set forth in subsection (b) for the frequent and regular

performance of operational flying duty.

(4) To be entitled to continuous monthly incentive pay, an

officer must perform the prescribed operational flying duties

(including flight training but excluding proficiency flying) for 8

of the first 12, and 12 of the first 18 years of the aviation

service of the officer. However, if an officer performs the

prescribed operational flying duties (including flight training but

excluding proficiency flying) for at least 10 but less than 12 of

the first 18 years of the aviation service of the officer, the

officer will be entitled to continuous monthly incentive pay for

the first 22 years of aviation service of the officer. Entitlement

to continuous monthly incentive pay ceases for an officer (other

than a warrant officer) upon completion of 25 years of aviation

service, but such an officer in a pay grade below pay grade O-7

remains entitled to monthly incentive pay under subsection (b)(1)

for the performance of operational flying duty.

(5) If upon completion of either 12 or 18 years of aviation

service it is determined that an officer has failed to perform the

minimum prescribed operational flying duty requirements during the

prescribed periods of time, his entitlement to continuous monthly

incentive pay ceases. For the needs of the service, the Secretary

concerned may permit, on a case by case basis, an officer to

continue to receive continuous monthly incentive pay despite the

failure of the officer to perform the prescribed operational flying

duty requirements during the prescribed periods of time so long as

the officer has performed those requirements for not less than 6

years of aviation service. The Secretary concerned may not delegate

the authority in the preceding sentence to permit the payment of

incentive pay under this subsection. If at the completion of 12

years of aviation service entitlement to continuous monthly

incentive pay ceases, entitlement to that pay may again commence at

the completion of 18 years of aviation service upon completion of

the minimum operational flying duty requirements, such pay to

continue for a period of time as prescribed in accordance with this

section. However, if entitlement to continuous monthly incentive

pay ceases in the case of any officer at the completion of either

12 or 18 years of aviation service, such officer remains entitled

to monthly incentive pay for the performance of subsequent

operational or proficiency flying duties up to the maximum period

of time prescribed in accordance with this section.

(6) In this section:

(A) The term "aviation service" means service performed by an

officer (except a flight surgeon or other medical officer) while

holding an aeronautical rating or designation or while in

training to receive an aeronautical rating or designation.

(B) The term "operational flying duty" means flying performed

under competent orders by rated or designated members while

serving in assignments in which basic flying skills normally are

maintained in the performance of assigned duties as determined by

the Secretary concerned, and flying performed by members in

training that leads to the award of an aeronautical rating or

designation.

(C) The term "proficiency flying duty" means flying performed

under competent orders by rated or designated members while

serving in assignments in which such skills would normally not be

maintained in the performance of assigned duties.

(D) The term "officer" includes an individual enlisted, and

designated, as an aviation cadet under section 6911 of title 10.

(b)(1) A member who satisfies the requirements described in

subsection (a) is entitled to monthly incentive pay as follows:

Years of aviation service (including nthly rate

flight training) as an officer:

--------------------------------------------------------------------

2 or less $125

Over 2 $156

Over 3 $188

Over 4 $206

Over 6 $650

Over 14 $840

Over 22 $585

Over 23 $495

Over 24 $385

Over 25 $250

--------------------------------------------------------------------

(2) An officer in a pay grade above O-6 is entitled, until the

officer completes 25 years of aviation service, to be paid at the

rates set forth in the table in paragraph (1), except that -

(A) an officer in pay grade O-7 may not be paid at a rate

greater than $200 a month; and

(B) an officer in pay grade O-8 or above may not be paid at a

rate greater than $206 a month.

(3) For a warrant officer with over 22, 23, 24, or 25 years of

aviation service who is qualified under subsection (a), the rate

prescribed in the table in paragraph (1) for officers with over 14

years of aviation service shall continue to apply to the warrant

officer.

(4) An officer serving as an air battle manager who is entitled

to aviation career incentive pay under this section and who, before

becoming entitled to aviation career incentive pay, was entitled to

incentive pay under section 301(a)(11) of this title, shall be paid

the monthly incentive pay at the higher of the following rates:

(A) The rate otherwise applicable to the member under this

subsection.

(B) The rate at which the member was receiving incentive pay

under section 301(c)(2)(A) of this title immediately before the

member's entitlement to aviation career incentive pay under this

section.

(c) In time of war, the President may suspend the payment of

aviation career incentive pay.

(d) Under regulations prescribed by the President and to the

extent provided for by appropriations, when a member of a reserve

component of a uniformed service, or of the National Guard, who is

entitled to compensation under section 206 of this title, performs,

under orders, duty described in subsection (a) for members entitled

to basic pay, he is entitled to an increase in compensation equal

to 1/30 of the monthly incentive pay authorized by subsection (b)

for the performance of that duty by a member with corresponding

years of aviation service who is entitled to basic pay. Such member

is entitled to the increase for as long as he is qualified for it,

for each regular period of instruction, or period of appropriate

duty, at which he is engaged for at least two hours, including that

performed on a Sunday or holiday, or for the performance of such

other equivalent training, instruction, duty or appropriate duties,

as the Secretary may prescribe under section 206(a) of this title.

This subsection does not apply to a member who is entitled to basic

pay under section 204 of this title.

[(e) Repealed. Pub. L. 101-510, div. A, title XIII, Sec.

1322(c)(1), Nov. 5, 1990, 104 Stat. 1672.]

(f) The Secretary of Defense shall submit annually to Congress a

report specifying for the year covered by the report -

(1) the total number of officers who were determined under

subsection (a)(5) to have failed to perform the minimum

prescribed operational flying duty requirements;

(2) the number of those officers who continued to receive

continuous monthly incentive pay despite their failure to perform

the minimum prescribed operational flying duty requirements and

the extent to which they failed to perform those requirements;

and

(3) the reasons for the exercise of the authority under the

second sentence of subsection (a)(5) in the case of each officer

specified pursuant to paragraph (2).

-SOURCE-

(Added Pub. L. 93-294, Sec. 2(3), May 31, 1974, 88 Stat. 177;

amended Pub. L. 94-273, Sec. 3(21), Apr. 21, 1976, 90 Stat. 377;

Pub. L. 96-343, Sec. 2(b), Sept. 8, 1980, 94 Stat. 1124; Pub. L.

96-513, title V, Sec. 516(6), Dec. 12, 1980, 94 Stat. 2938; Pub. L.

97-60, title I, Sec. 112(a), (b), Oct. 14, 1981, 95 Stat. 994; Pub.

L. 99-661, div. A, title VI, Sec. 632(a), Nov. 14, 1986, 100 Stat.

3883; Pub. L. 100-26, Sec. 8(e)(3), Apr. 21, 1987, 101 Stat. 286;

Pub. L. 101-189, div. A, title VI, Sec. 631(a)-(d), Nov. 29, 1989,

103 Stat. 1449, 1450; Pub. L. 101-510, div. A, title XIII, Sec.

1322(c)(1), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102-25, title

VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.

103-35, title II, Sec. 204(c), May 31, 1993, 107 Stat. 102; Pub. L.

104-106, div. A, title VI, Sec. 616, Feb. 10, 1996, 110 Stat. 362;

Pub. L. 105-85, div. A, title VI, Sec. 615(a), (b), Nov. 18, 1997,

111 Stat. 1787; Pub. L. 105-261, div. A, title VI, Sec. 615(a)(1),

(b), (c)(1), (d), Oct. 17, 1998, 112 Stat. 2040, 2041; Pub. L.

106-65, div. A, title VI, Sec. 614(a), Oct. 5, 1999, 113 Stat. 651;

Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1999 - Subsec. (b)(4). Pub. L. 106-65 added par. (4).

1998 - Subsec. (a)(4). Pub. L. 105-261, Sec. 615(c)(1)(A),

substituted "22 years of aviation service of the officer" for "22

years of the officer's service as an officer" and "25 years of

aviation service" for "25 years of service as an officer (as

computed under section 205 of this title)".

Subsec. (a)(6). Pub. L. 105-261, Sec. 615(a)(1), added subpar.

(A) and redesignated former subpars. (A) to (C) as (B) to (D),

respectively.

Subsec. (b). Pub. L. 105-261, Sec. 615(d), repealed section 615

of Pub. L. 105-85. See 1997 Amendment note below.

Pub. L. 105-261, Sec. 615(b), amended subsec. (b) generally,

substituting pars. (1) to (3) for former pars. (1) and (2).

Subsec. (d). Pub. L. 105-261, Sec. 615(c)(1)(B), substituted

"subsection (b) for the performance of that duty by a member with

corresponding years of aviation service" for "subsection (b)(1) or

(2), as the case may be, for the performance of that duty by a

member of corresponding years of aviation or officer service, as

appropriate,".

1997 - Subsec. (b)(1). Pub. L. 105-85, Sec. 615(b), substituted

"22 years" for "18 years" in two places in provisions after phase

II table.

Pub. L. 105-85, Sec. 615(a), which directed amendment by

inserting at the end of phase I of the table the following:

"Over 14 840";

and by striking out phase II of the table and inserting in lieu

thereof the following:

"PHASE II

--------------------------------------------------------------------

'Years of service as an officer: Monthly rate

--------------------------------------------------------------------

"Over 22 585

"Over 23 495

"Over 24 385

"Over 25 250",

--------------------------------------------------------------------

was repealed by Pub. L. 105-261, Sec. 615(d).

1996 - Subsec. (a)(4). Pub. L. 104-106, Sec. 616(a), substituted

"8" for "9" before "of the first 12".

Subsec. (a)(5). Pub. L. 104-106, Sec. 616(b), inserted "The

Secretary concerned may not delegate the authority in the preceding

sentence to permit the payment of incentive pay under this

subsection." after second sentence.

1993 - Subsec. (a)(4). Pub. L. 103-35 made technical amendment to

directory language of Pub. L. 101-189, Sec. 631(a)(1). See 1989

Amendment note below.

1991 - Pub. L. 102-25 struck out "of this section" wherever

appearing and struck out "of this subsection" in subsec. (b)(2).

1990 - Subsec. (e). Pub. L. 101-510 struck out subsec. (e) which

read as follows: "The Secretary of Defense shall report to Congress

before October 1 each year the number of rated members by pay grade

who -

"(1) have 12 or 18 years of aviation service, and of those

numbers, the number who are entitled to continuous monthly

incentive pay under subsection (a) of this section; and

"(2) are performing operational flying duties, proficiency

flying, and those not performing flying duties."

1989 - Subsec. (a)(4). Pub. L. 101-189, Sec. 631(a), as amended

by Pub. L. 103-35, Sec. 204(c), substituted "9 of the first 12, and

12 of the first 18 years of the aviation service of the officer"

for "6 of the first 12, and 11 of the first 18, years of his

aviation service", "at least 10 but less than 12 of the first 18

years of the aviation service of the officer, the officer" for "at

least 9 but less than 11 of the first 18 years of his aviation

service, he", and "the officer's service as an officer" for "his

officer service".

Subsec. (a)(5). Pub. L. 101-189, Sec. 631(b), inserted after

first sentence "For the needs of the service, the Secretary

concerned may permit, on a case by case basis, an officer to

continue to receive continuous monthly incentive pay despite the

failure of the officer to perform the prescribed operational flying

duty requirements during the prescribed periods of time so long as

the officer has performed those requirements for not less than 6

years of aviation service."

Subsec. (b)(1). Pub. L. 101-189, Sec. 631(c)(1), in phase I

table, substituted "650" for "400" in item relating to over 6

years, and in phase II table, struck out "as computed under section

205" after "an officer" in table heading, substituted "$585" for

"$370", "495" for "340", and "385" for "310", in items relating to

over 18 years, over 20 years, and over 22 years, respectively, and

struck out item relating to a monthly rate of $280 for over 24

years.

Subsec. (b)(2). Pub. L. 101-189, Sec. 631(c)(2), in table,

substituted "650" for "400" in item relating to over 6 years.

Subsec. (f). Pub. L. 101-189, Sec. 631(d), added subsec. (f).

1987 - Subsec. (a)(6). Pub. L. 100-26, which directed that par.

(6) of this section be amended, was executed to par. (6) of subsec.

(a) of this section, to reflect the probable intent of Congress by

substituting "In this section:" for "For the purposes of this

section, the term - ", inserting "The term" at beginning of

subpars. (A) to (C), and substituting period for semicolon at end

of subpar. (A) and period for "; and" at end of subpar. (B).

1986 - Subsec. (a)(6)(C). Pub. L. 99-661, Sec. 632(a)(1), added

subpar. (C).

Subsec. (b)(1). Pub. L. 99-661, Sec. 632(a)(2), substituted "a

member" for "an officer in pay grades O-1 through O-10".

1981 - Subsec. (a)(4). Pub. L. 97-60, Sec. 112(a), inserted

provision that entitlement to continuous monthly incentive pay

ceases for an officer (other than a warrant officer) upon

completion of 25 years of service as an officer (as computed under

section 205 of this title), but such an officer in a pay grade

below pay grade O-7 remains entitled to monthly incentive pay under

subsection (b)(1) of this section for the performance of

operational flying duty.

Subsec. (b)(1), (2). Pub. L. 97-60, Sec. 112(b), amended table to

reflect an upward adjustment in monthly incentive pay.

1980 - Subsec. (a)(3). Pub. L. 96-513 substituted "Health and

Human Services" for "Health, Education, and Welfare".

Subsec. (b)(1). Pub. L. 96-343, Sec. 2(b)(1), (2), substituted in

phase I table, "$125", "$156", "$188", "$206", and "$306" for

"$100", "$125", "$150", "$165", and "$245" in items relating to 2

or less years, over 2 years, over 3 years, over 4 years, and over 6

years, respectively, in phase II table, "$281", "$256", "$231", and

"$206" for "$225", "$205", "$185", and "$165" in items relating to

over 18 years, over 20 years, over 22 years, and over 24 but not

over 25 years, respectively, and "$200" and "$206" for "$160" and

"$165", respectively.

Subsec. (b)(2). Pub. L. 96-343, Sec. 2(b)(3), substituted "$125",

"$138", and "$250" for "$100", "$110", and "$200" in items relating

to 2 or less years, over 2 years, and over 6 years, respectively.

1976 - Subsec. (e). Pub. L. 94-273 substituted "October" for

"July".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 614(b), Oct. 5, 1999, 113

Stat. 651, provided that: "The amendment made by subsection (a)

[amending this section] shall take effect on October 1, 1999, and

shall apply with respect to months beginning on or after that

date."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 615(c) of Pub. L. 105-85, which provided that the

amendments made by section 615(a) of Pub. L. 105-85 to this section

were to take effect on Jan. 1, 1999, and were to apply with respect

to months beginning on or after that date, was repealed by Pub. L.

105-261, div. A, title VI, Sec. 615(d), Oct. 17, 1998, 112 Stat.

2041.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 204(c) of Pub. L. 103-35 provided that the amendment made

by that section is effective Nov. 29, 1989.

EFFECTIVE DATE OF 1989 AMENDMENT; TRANSITION

Section 631(e), (f) of Pub. L. 101-189 provided that:

"(e) Effective Date. - (1) Except as provided in paragraph (2),

the amendments made -

"(A) by subsection (c) [amending this section] shall take

effect on the date of the enactment of this Act [Nov. 29, 1989];

and

"(B) by subsections (a), (b), and (d) [amending this section]

shall take effect on October 1, 1991.

"(2) The Secretary of a military department may delay, subject to

the approval of the Secretary of Defense, the implementation of the

amendments made by subsection (c) with respect to the department of

that Secretary until such time as the Secretary concerned

determines that implementation of those amendments is necessary to

meet the needs of that department.

"(3) If the Secretary of a military department delays under

paragraph (2) the implementation of the amendments made by

subsection (c) beyond October 1, 1991, the Secretary may also delay

implementation of the amendments made by subsections (a), (b), and

(d) until the date on which the Secretary implements the amendments

made by subsection (c). During the delay in implementation, the

provisions of section 301a of title 37, United States Code, as in

effect on the day before the date of the enactment of this Act,

shall continue to apply in the case of such department to the

payment of aviation career incentive pay under such section.

"(f) Transition. - (1) An officer of a uniformed service who, as

of the date the amendments made by subsections (a), (b), and (d)

take effect with regard to the officer's uniformed service -

"(A) has completed years of aviation service in an amount equal

to one of the number of years of aviation service specified in

column 1 of the following table; and

"(B) has performed, or subsequently performs, the prescribed

operational flying duties (including flight training but

excluding proficiency flying) during the number of years of

aviation service specified in column 2 of such table and

corresponding to the number of years of aviation service

applicable to the officer under column 1,

shall be entitled to continuous monthly incentive pay at the rates

provided in section 301a(b) of title 37, United States Code (as

amended by this section)[,] until the officer completes the years

of service as an officer specified in column 3 of such table and

applicable to the officer.

"TABLE

--------------------------------------------------------------------

COLUMN 1 COLUMN 2 COLUMN 3

Number of years Number of years Entitlement to

of aviation performing continuous monthly

service operational flying incentive pay through

duty the following year of

officer service

--------------------------------------------------------------------

6 or more At least 6 of the 18

first 12 years of

aviation service

6 or more At least 9 but less 22

than 11 of the first

18 years of aviation

service

6 or more At least 6 of the 25

first 12 and at least

11 of the first 18

years of aviation

service

At least 6 but Less than 6 and 18

less than 12 subsequently

completes 6 of the

first 12 and 9 of the

first 15 years of

aviation service

At least 12 but Less than 9 and 22

less than 18 subsequently

completes 9 of the

first 18 years of

aviation service

At least 12 but Less than 11 and 25

less than 18 subsequently

completes 11 of the

first 18 years of

aviation service

--------------------------------------------------------------------

"(2) For purposes of this subsection, the terms 'operational

flying duty' and 'proficiency flying duty' have the meaning given

to such terms in section 301a(a)(6) of title 37, United States

Code."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 632(b) of Pub. L. 99-661 provided that: "The amendments

made by subsection (a) [amending this section] shall apply only

with respect to those members of the Armed Forces who are aviation

cadets on or after the date of the enactment of this Act [Nov. 14,

1986]. Service as an aviation cadet before that date shall not be

counted for any purpose under section 301a of title 37, United

States Code."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 112(c) of Pub. L. 97-60 provided that: "The amendments

made by this section [amending this section] shall take effect as

of October 1, 1981."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE

Section 6 of Pub. L. 93-294 provided that: "This Act [enacting

this section, amending section 301 of this title, and enacting

provisions set out as notes under this section] becomes effective

on the first day of the first month after enactment [May 31,

1974]."

MONTHLY INCENTIVE PAY FOR CERTAIN OFFICERS ENTITLED TO INCENTIVE

PAY UNDER SECTION 301(A)(1) OF THIS TITLE ON MAY 31, 1973

Section 4 of Pub. L. 93-294 provided that: "Notwithstanding the

amendments made by this Act [enacting this section and amending

section 301 of this title], an officer who was entitled to

incentive pay under section 301(a)(1) of title 37, United States

Code, on May 31, 1973, or on the day before the effective date of

this Act [June 1, 1974], if otherwise qualified on the day before

the effective date of this Act, is entitled to monthly incentive

pay as prescribed in either clause (1) or (2) of this section, as

follows:

"(1) If he is credited with 6 or less years of aviation service

as an officer, and with less than 12 years of service as an

officer, he is entitled to monthly incentive pay either -

"(A) in the amount he was receiving under section 301(b) of

that title on May 31, 1973, or on the day before the effective

date of this Act [June 1, 1974], but with no entitlement after

either of those dates, as applicable, to any longevity pay

increases or increases resulting from promotion to a higher

grade until such time as the rate to which he is entitled under

section 301a(b) of that title, as added by this Act, is equal

to or greater than the amount he was receiving under that

section on May 31, 1973, or on the day before the effective

date of this Act, and thereafter his entitlement is as

prescribed by that section as added by this Act; or

"(B) at the rate prescribed by section 301a(b) of that title,

as added by this Act;

whichever is greater. However, an officer who is promoted and

assigned to pay grade O-7 or above during the 36-month period

following the effective date of this Act [June 1, 1974] may not

receive more than the rate which existed for that pay grade, as

appropriate, prior to June 1, 1973.

"(2) If he is credited with more than 6 years of aviation

service as an officer, or less than 6 years of aviation service

but more than 12 years of service as an officer, he may receive

monthly incentive pay at the rate prescribed in the table in

section 301a(b) of title 37, United States Code, as added by this

Act, that is applicable to him, or $165, whichever is greater,

for not more than 36 months after the effective date of this Act

[June 1, 1974], notwithstanding the provisions of section 301a(a)

of that title, as added by this Act, with respect to prescribed

operational flying duties (including flight training but

excluding proficiency flying). However, under this clause, an

officer who is assigned to the pay grade O-7 on the effective

date of this Act, or is promoted to the pay grade O-7 during the

36-month period following the effective date of this Act, may not

receive more than $160 per month while assigned to that grade.

The amount to which a reserve officer who is entitled to

compensation under section 206 of title 37, United States Code, is

entitled under this section is governed by the provisions of

section 301a(d) of that title, as added by this Act."

ANNUAL REPORT BY DEPARTMENT OF DEFENSE

Section 5 of Pub. L. 93-294 provided that: "A yearly report

containing such data as necessary to monitor the progress of this

bill [Pub. L. 93-294] shall be made by the Department of Defense in

cooperation with the Senate and House Armed Services Committees and

released publicly."

-EXEC-

EX. ORD. NO. 11800. DELEGATION OF PRESIDENT'S AUTHORITY

Ex. Ord. No. 11800, Aug. 17, 1974, 39 F.R. 30103, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No.

13286, Sec. 58, Feb. 28, 2003, 68 F.R. 10629, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States

and Commander in Chief of the Armed Forces of the United States, it

is hereby ordered as follows:

Section 1. The Secretary of Defense, the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy, the Secretary of Commerce and the

Secretary of Health and Human Services, with respect to members of

the uniformed service under their respective jurisdictions, are

hereby designated and empowered to exercise, without approval,

ratification, or other action by the President, the functions

vested in the President by section 301a of title 37 of the United

States Code, as added by section 2(3) of the Aviation Career

Incentive Act of 1974 (Public Law 93-294; 88 Stat. 177) with

respect to entitlement of regular and reserve officers of the

uniformed services, including flight surgeons and other medical

officers, to aviation career incentive pay for the frequent and

regular performance of operational or proficiency flying duty.

Sec. 2. This order is effective as of June 1, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 301, 301b, 312c of this

title.

-End-

-CITE-

37 USC Sec. 301b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 301b. Special pay: aviation career officers extending period

of active duty

-STATUTE-

(a) Bonus Authorized. - An aviation officer described in

subsection (b) who, during the period beginning on January 1, 1989,

and ending on December 31, 2003, executes a written agreement to

remain on active duty in aviation service for at least one year

may, upon the acceptance of the agreement by the Secretary

concerned, be paid a retention bonus as provided in this section.

(b) Covered Officers. - An aviation officer referred to in

subsection (a) is an officer of a uniformed service who -

(1) is entitled to aviation career incentive pay under section

301a of this title;

(2) is in a pay grade below pay grade O-7;

(3) is qualified to perform operational flying duty; and

(4) has completed any active duty service commitment incurred

for undergraduate aviator training or is within one year of

completing such commitment.

(c) Amount of Bonus. - The amount of a retention bonus paid under

this section may not be more than $25,000 for each year covered by

the written agreement to remain on active duty.

(d) Proration. - The term of an agreement under subsection (a)

and the amount of the bonus under subsection (c) may be prorated as

long as such agreement does not extend beyond the date on which the

officer making such agreement would complete 25 years of aviation

service.

(e) Payment of Bonus. - Upon the acceptance of a written

agreement under subsection (a) by the Secretary concerned, the

total amount payable pursuant to the agreement becomes fixed and

may be paid by the Secretary in either a lump sum or installments.

(f) Additional Pay. - A retention bonus paid under this section

is in addition to any other pay and allowances to which an officer

is entitled.

(g) Repayment of Bonus. - (1) If an officer who has entered into

a written agreement under subsection (a) and has received all or

part of a retention bonus under this section fails to complete the

total period of active duty specified in the agreement, the

Secretary concerned may require the officer to repay the United

States, on a pro rata basis and to the extent that the Secretary

determines conditions and circumstances warrant, all sums paid

under this section.

(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than 5 years after the termination of a written agreement entered

into under subsection (a) does not discharge the officer signing

the agreement from a debt arising under such agreement or under

paragraph (1).

(h) Regulations. - The Secretaries concerned shall prescribe

regulations to carry out this section. Regulations prescribed by

the Secretary of a military department shall be subject to the

approval of the Secretary of Defense.

(i) Reports. - (1) Not later than February 15 of each year, the

Secretaries concerned shall submit to the Secretary of Defense a

report analyzing the effect of the provision of retention bonuses

to aviation officers during the preceding fiscal year on the

retention of qualified aviators.

(2) Not later than March 15 of each year, the Secretary of

Defense shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives copies of the reports submitted to the Secretary

under paragraph (1) with regard to the preceding fiscal year,

together with such comments and recommendations as the Secretary

considers appropriate.

(j) Definitions. - In this section:

(1) The term "aviation service" means service performed by an

officer (except a flight surgeon or other medical officer) while

holding an aeronautical rating or designation or while in

training to receive an aeronautical rating or designation.

(2) The term "operational flying duty" has the meaning given

such term in section 301a(a)(6)(B) of this title.

-SOURCE-

(Added Pub. L. 96-342, title VIII, Sec. 806(a)(i), Sept. 8, 1980,

94 Stat. 1095; amended Pub. L. 97-60, title I, Sec. 113, Oct. 14,

1981, 95 Stat. 995; Pub. L. 98-94, title IX, Sec. 904(a), Sept. 24,

1983, 97 Stat. 635; Pub. L. 98-525, title VI, Sec. 622(a), Oct. 19,

1984, 98 Stat. 2540; Pub. L. 99-145, title VI, Sec. 636, Nov. 8,

1985, 99 Stat. 648; Pub. L. 99-661, div. A, title VI, Sec. 631(a),

Nov. 14, 1986, 100 Stat. 3883; Pub. L. 100-180, div. A, title VI,

Sec. 622(a), Dec. 4, 1987, 101 Stat. 1100; Pub. L. 101-189, div. A,

title VI, Sec. 632(a), Nov. 29, 1989, 103 Stat. 1451; Pub. L.

102-190, div. A, title VI, Sec. 612(a)(1), Dec. 5, 1991, 105 Stat.

1376; Pub. L. 102-484, div. A, title VI, Sec. 612(c), title X, Sec.

1054(a)(1), Oct. 23, 1992, 106 Stat. 2421, 2502; Pub. L. 103-160,

div. A, title VI, Sec. 613(a), Nov. 30, 1993, 107 Stat. 1681; Pub.

L. 103-337, div. A, title VI, Sec. 613(a), Oct. 5, 1994, 108 Stat.

2783; Pub. L. 104-106, div. A, title VI, Sec. 613(a), title XV,

Sec. 1502(b), Feb. 10, 1996, 110 Stat. 359, 506; Pub. L. 104-201,

div. A, title VI, Sec. 613(a), Sept. 23, 1996, 110 Stat. 2544; Pub.

L. 105-85, div. A, title VI, Secs. 613(a), 616(a)-(d), Nov. 18,

1997, 111 Stat. 1786, 1787; Pub. L. 105-261, div. A, title VI,

Secs. 613(a), 615(a)(2), (c)(2), Oct. 17, 1998, 112 Stat.

2039-2041; Pub. L. 106-65, div. A, title VI, Secs. 613(a),

615(a)-(f), title X, Sec. 1067(2), Oct. 5, 1999, 113 Stat. 650,

651, 774; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 623(a),

title X, Sec. 1087(b)(1)], Oct. 30, 2000, 114 Stat. 1654,

1654A-151, 1654A-291; Pub. L. 107-107, div. A, title VI, Secs.

614(a), 616(a), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107-314,

div. A, title VI, Sec. 614(a), Dec. 2, 2002, 116 Stat. 2568.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314 substituted "December 31,

2003" for "December 31, 2002".

2001 - Subsec. (a). Pub. L. 107-107, Sec. 614(a), substituted

"December 31, 2002" for "December 31, 2001".

Subsec. (b)(4). Pub. L. 107-107, Sec. 616(a), inserted "or is

within one year of completing such commitment" before period at

end.

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 623(a)], substituted "December 31, 2001," for "December 31,

2000,".

Subsec. (j)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.

1087(b)(1)], substituted "section 301a(a)(6)(B)" for "section

301a(a)(6)(A)".

1999 - Subsec. (a). Pub. L. 106-65, Sec. 613(a), substituted

"December 31, 2000," for "December 31, 1999,".

Subsec. (b)(2). Pub. L. 106-65, Sec. 615(a)(1), (4), redesignated

par. (3) as (2) and struck out former par. (2) which read as

follows: "is in an aviation specialty designated by the Secretary

concerned (with the approval of the Secretary of Defense in the

case of the Secretary of a military department) as a critical

aviation specialty;".

Subsec. (b)(3). Pub. L. 106-65, Sec. 615(a)(4), redesignated par.

(4) as (3). Former par. (3) redesignated (2).

Pub. L. 106-65, Sec. 615(a)(2), substituted "grade O-7" for

"grade O-6".

Subsec. (b)(4). Pub. L. 106-65, Sec. 615(a)(4), redesignated par.

(6) as (4). Former par. (4) redesignated (3).

Pub. L. 106-65, Sec. 615(a)(3), inserted "and" at end.

Subsec. (b)(5). Pub. L. 106-65, Sec. 615(a)(1), struck out par.

(5) which read as follows: "has completed at least six but less

than 13 years of aviation service; and".

Subsec. (b)(6). Pub. L. 106-65, Sec. 615(a)(4), redesignated par.

(6) as (4).

Subsec. (c). Pub. L. 106-65, Sec. 615(b), substituted "may not be

more than $25,000 for each year covered by the written agreement to

remain on active duty." for "may not be more than - " and struck

out pars. (1) and (2) which read as follows:

"(1) $25,000 for each year covered by the written agreement, if

the officer agrees to remain on active duty to complete 14 years of

commissioned service; or

"(2) $12,000 for each year covered by the written agreement, if

the officer agrees to remain on active duty for one, two, or three

years."

Subsec. (d). Pub. L. 106-65, Sec. 615(c), substituted "25 years

of aviation service" for "14 years of commissioned service".

Subsec. (g)(3). Pub. L. 106-65, Sec. 615(f), struck out at end

"This paragraph applies to any case commenced under title 11 after

January 1, 1989."

Subsec. (i)(1). Pub. L. 106-65, Sec. 615(d), struck out last

sentence which read as follows: "Each report shall include -

"(A) a comparison of the cost of paying bonuses to officers who

enter into an agreement for the period referred to in subsection

(c)(1) with the cost of paying bonuses to officers who enter into

an agreement for a period referred to in subsection (c)(2); and

"(B) a description of the increase in the retention of

qualified aviators as a result of the program."

Subsec. (i)(2). Pub. L. 106-65, Sec. 1067(2), substituted "and

the Committee on Armed Services" for "and the Committee on National

Security".

Subsec. (j)(2) to (4). Pub. L. 106-65, Sec. 615(e), redesignated

par. (4) as (2) and struck out former pars. (2) and (3) which read

as follows:

"(2) The term 'aviation specialty' means a specific community of

pilots identified by type of aircraft or weapon system or a

specific community of other designated aeronautical officers so

identified.

"(3) The term 'critical aviation specialty' means an aviation

specialty in which there exists a shortage of officers on the date

of designation under subsection (b)."

1998 - Subsec. (a). Pub. L. 105-261, Sec. 613(a), substituted

"December 31, 1999," for "September 30, 1999,".

Subsec. (b)(5). Pub. L. 105-261, Sec. 615(c)(2), substituted

"aviation service" for "active duty".

Subsec. (j)(1). Pub. L. 105-261, Sec. 615(a)(2), added par. (1)

and struck out former par. (1) which read as follows: "The term

'aviation service' means the service performed by an officer

holding an aeronautical rating or designation (except a flight

surgeon or other medical officer)."

1997 - Subsec. (a). Pub. L. 105-85, Sec. 613(a), substituted

"September 30, 1999" for "September 30, 1998".

Subsec. (c)(1). Pub. L. 105-85, Sec. 616(a)(1), substituted

"$25,000" for "$12,000".

Subsec. (c)(2). Pub. L. 105-85, Sec. 616(a)(2), (b), substituted

"$12,000" for "$6,000" and "one, two, or three years" for "one or

two years".

Subsec. (i)(1). Pub. L. 105-85, Sec. 616(c), inserted "and" at

end of subpar. (A), substituted a period for "; and" at end of

subpar. (B), and struck out subpar. (C) which read as follows: "an

examination of the desirability of targeting the retention bonus

program toward officers in a critical aviation specialty rather

than on the basis of experience or other criteria."

Subsec. (j)(2). Pub. L. 105-85, Sec. 616(d), inserted "specific"

before "community" in two places.

1996 - Subsec. (a). Pub. L. 104-201 substituted "September 30,

1998," for "September 30, 1997".

Pub. L. 104-106, Sec. 613(a), substituted "September 30, 1997"

for "September 30, 1995,".

Subsec. (i)(2). Pub. L. 104-106, Sec. 1502(b), substituted

"Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives" for "Committees

on Armed Services of the Senate and House of Representatives".

1994 - Subsec. (a). Pub. L. 103-337 substituted "September 30,

1995" for "September 30, 1994".

1993 - Subsec. (a). Pub. L. 103-160 substituted "September 30,

1994" for "September 30, 1993".

1992 - Subsec. (a). Pub. L. 102-484, Sec. 612(c), substituted

"September 30, 1993" for "September 30, 1992".

Subsecs. (j), (k). Pub. L. 102-484, Sec. 1054(a)(1), redesignated

subsec. (k) as (j) and struck out former subsec. (j) which read as

follows:

"(j) Limitation on Payments for Fiscal Year 1990. - (1) The total

amount of payments made under this section to officers of the Air

Force during fiscal year 1990 may not exceed $78,000,000.

"(2) The total amount of payments made under this section to

officers of the Navy during fiscal year 1990 may not exceed

$30,000,000."

1991 - Subsec. (a). Pub. L. 102-190 substituted "1992" for

"1991".

1989 - Pub. L. 101-189 amended section generally, adding

provisions set out in new subsecs. (a), (c), (d), and (h) to (k),

revising and restating as subsecs. (b), (e), (f), and (g),

provisions contained in former subsecs. (a), (b), and (d), and

striking out provisions contained in former subsecs. (c), (e), and

(f).

1987 - Subsec. (a). Pub. L. 100-180, Sec. 622(a)(1), substituted

cl. (5) and all that follows to end of first sentence for

"(5) executes a written agreement to remain on active duty in

aviation service for at lest one year; and

"(6) is in an aviation specialty designated as critical;

may, upon the acceptance of the written agreement by the Secretary

of Defense or the Secretary of Transportation, as applicable, be

paid an amount not to exceed the product of four months' basic pay

(computed at the rate applicable to the officer at the time the

agreement is executed) and the number of years (or the monthly

fractions thereof) that the officer agrees to remain on active duty

under the agreement. An agreement under this section may not extend

beyond the date on which the officer would complete 19 years of

aviation service."

Subsec. (e). Pub. L. 100-180, Sec. 621(a)(2), amended subsec. (e)

generally, substituting provisions relating to acceptance of

agreements during the period beginning on Oct. 1, 1987, and ending

on Sept. 30, 1989, for provisions relating to acceptance of

agreements during the period beginning on Oct. 1, 1983, and ending

on Sept. 30, 1987, and struck out provision setting forth that an

officer who receives special pay pursuant to an agreement under

this section is not entitled to aviation career incentive pay that

exceeds the rate for such pay in effect on Sept. 30, 1981.

Subsec. (f). Pub. L. 100-180, Sec. 622(a)(3), substituted

"September 30, 1989" for "September 30, 1987".

1986 - Subsec. (e)(3). Pub. L. 99-661, Sec. 631(a)(1),

substituted "officer has completed less than eight years of active

duty" for "officer has completed less than seven years of active

duty".

Subsec. (e)(4). Pub. L. 99-661, Sec. 631(a)(2), struck out par.

(4) which read as follows: "An officer may not receive incentive

pay under section 301 of this title for the performance of

hazardous duty for any period of service which the officer is

obligated to serve pursuant to an agreement entered into under this

section."

1985 - Subsecs. (e)(2), (3), (f). Pub. L. 99-145 substituted

"September 30, 1987" for "September 30, 1985".

1984 - Subsec. (e)(2). Pub. L. 98-525, Sec. 622(a)(1),

substituted "During the period beginning on October 1, 1984, and

ending on September 30, 1985, only agreements executed by officers

of the Navy may be accepted under this section" for "During the

period beginning on October 1, 1983, and ending on September 30,

1984, only agreements executed by officers of the Navy or Marine

Corps who are pilots may be accepted under this section".

Subsec. (e)(3). Pub. L. 98-525, Sec. 622(a)(2), substituted

"September 30, 1985" for "September 30, 1984" in provisions

preceding subpar. (A).

Subsec. (f). Pub. L. 98-525, Sec. 622(a)(2), substituted

"September 30, 1985" for "September 30, 1984".

1983 - Subsec. (e)(2). Pub. L. 98-94, Sec. 904(a)(1), substituted

"during the period beginning on October 1, 1983, and ending on

September 30, 1984, only agreements executed by officers of the

Navy or Marine Corps who are pilots may be accepted under this

section" for "during the period beginning on the date of the

enactment of the Uniformed Services Pay Act of 1981 and ending on

September 30, 1982, only agreements executed by officers of the

Navy or Marine Corps may be accepted under this section".

Subsec. (e)(3), (4). Pub. L. 98-94, Sec. 904(a)(1), added pars.

(3) and (4).

Subsec. (f). Pub. L. 98-94, Sec. 904(a)(2), substituted

"September 30, 1984" for "September 30, 1982".

1981 - Subsecs. (e), (f). Pub. L. 97-60 added subsecs. (e) and

(f).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 615(g), Oct. 5, 1999, 113

Stat. 651, provided that: "The amendments made by this section

[amending this section] shall take effect on October 1, 1999, and

shall apply with respect to months beginning on or after that

date."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 616(e) of Pub. L. 105-85 provided that: "The amendments

made by this section [amending this section] shall take effect as

of October 1, 1996, and shall apply with respect to agreements

accepted under section 301b of title 37, United States Code, on or

after that date."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 622(b) of Pub. L. 100-180 provided that:

"(1) The amendments made by subsection (a) to subsections (a),

(e), and (f) of section 301b of title 37, United States Code, shall

apply to agreements entered into on or after October 1, 1987, and

special pay may be paid as if such amendments were in effect on

such date.

"(2) Such amendments shall not affect an agreement entered into

under such section as in effect on September 30, 1987, and the

provisions of such section as in effect on such day shall continue

to apply with respect to such agreement."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 631(b) of Pub. L. 99-661 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

payments made for periods beginning after the date of the enactment

of this Act [Nov. 14, 1986] under agreements entered into under

section 301b of title 37, United States Code."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 636 of Pub. L. 99-145 provided that the amendment made by

that section is effective Oct. 1, 1985.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 622(a) of Pub. L. 98-525 provided that the amendment made

by that section is effective Oct. 1, 1984.

EFFECTIVE DATE

Section 806(b) of Pub. L. 96-342 provided that: "Agreements may

not be entered into under section 301b of title 37, United States

Code, as added by subsection (a), before October 1, 1980."

PAYMENT OF BONUS TO AVIATION OFFICERS KILLED IN PERSIAN GULF WAR

BEFORE COMPLETION OF SERVICE

Pub. L. 102-172, title VIII, Sec. 8135, Nov. 26, 1991, 105 Stat.

1212, as amended by Pub. L. 105-277, div. C, title I, Sec. 148,

Oct. 21, 1998, 105 Stat. 2681-610, provided that:

"(a) Notwithstanding any provision of section 301b of title 37,

United States Code, [or] of section 611 of Public Law 100-456 [set

out below] as in effect at any time prior to the date of enactment

of this Act [Nov. 26, 1991], in the case of any officer described

in subsection (b), who was entitled to special pay under an

agreement authorized by one of those sections, who was not paid the

full amount due under such agreement, the unpaid balance shall be

paid as part of the settlement of the officer's final military pay

account or as a supplemental payment if the officer's final

military pay account is already settled.

"(b) An officer to whom subsection (a) applies is an aviation

officer who died as a result of flight operations on or after

August 2, 1990, in those areas of the Arabian Peninsula, airspace,

and adjacent waters designated by the President in Executive Order

12744 on 21 January 1991 [26 U.S.C. 112 note] as a combat zone

(regardless of the date of the commencement of combatant activities

in such zone as specified in that Executive Order) and prior to

cessation of hostilities as declared by competent authority, before

completing the full period of aviation service agreed to in his or

her agreement to remain on active duty in aviation service under

section 301b of title 37, United States Code, or section 611 of

Public Law 100-456 [set out below]."

AGREEMENTS ENTERED INTO UNDER FORMER LAW

Section 632(c) of Pub. L. 101-189 provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall not affect an agreement entered into under section 301b of

title 37, United States Code (as in effect on September 30, 1989),

and, except as provided in paragraph (2), the provisions of such

section as in effect on such day shall continue to apply with

respect to such agreement.

"(2) For pay periods beginning after September 30, 1989, an

officer serving under an agreement entered into under section 301b

of such title before October 1, 1987, shall be entitled during the

remainder of the agreement to the monthly rate of aviation career

incentive pay specified in section 301a(b) of such title and

corresponding to the officer's years of aviation service or years

of service as an officer."

COVERAGE OF PERIOD OF LAPSED AUTHORITY

Section 613(i) of Pub. L. 104-106 provided that:

"(1) In the case of an officer described in section 301b(b) of

title 37, United States Code, who executes an agreement described

in paragraph (2) during the 90-day period beginning on the date of

the enactment of this Act [Feb. 10, 1996], the Secretary concerned

may treat the agreement for purposes of the retention bonus

authorized under the agreement as having been executed and accepted

on the first date on which the officer would have qualified for

such an agreement had the amendment made by subsection (a)

[amending this section] taken effect on October 1, 1995.

"(2) An agreement referred to in this subsection is a service

agreement with the Secretary concerned that is a condition for the

payment of a retention bonus under section 301b of title 37, United

States Code.

"(3) For purposes of this subsection, the term 'Secretary

concerned' has the meaning given that term in section 101(5) of

title 37, United States Code."

Section 613(i) of Pub. L. 103-160 provided that:

"(1) In the case of an officer described in paragraph (2) who

executes an agreement described in paragraph (3) during the 90-day

period beginning on the date of the enactment of this Act [Nov. 30,

1993], the Secretary concerned may treat the agreement for purposes

of the retention bonus or special pay authorized under the

agreement as having been executed and accepted on the first date on

which the officer would have qualified for such an agreement had

the amendments made by subsections (a) and (g) [amending this

section and provisions set out as a note under section 302 of this

title] taken effect on October 1, 1993.

"(2) An officer referred to in paragraph (1) is an officer

described in section 301b(b) of title 37, United States Code, or in

section 613(a)(2) of the National Defense Authorization Act, Fiscal

Year 1989 [Pub. L. 100-456] ([former] 37 U.S.C. 302 note), who,

during the period beginning on October 1, 1993, and ending on the

date of the enactment of this Act, would have qualified for an

agreement described in paragraph (3) had the amendments made by

subsections (a) and (g) taken effect on October 1, 1993.

"(3) An agreement referred to in this subsection is a service

agreement with the Secretary concerned that is a condition for the

payment of a retention bonus under section 301b of title 37, United

States Code, or special pay under section 613 of the National

Defense Authorization Act, Fiscal Year 1989 ([former] 37 U.S.C. 302

note).

"(4) For purposes of this subsection, the term 'Secretary

concerned' has the meaning given that term in section 101(5) of

title 37, United States Code."

Section 612(j)(2) of Pub. L. 102-484 provided that:

"(A) In the case of a person described in subparagraph (B) who

executes an agreement described in subparagraph (C) during the

90-day period beginning on the date of the enactment of this Act

[Oct. 23, 1992], the Secretary concerned may treat such agreement

for purposes of the bonus or special pay authorized under such

agreement as having been executed and accepted on the first date on

which the person would have qualified for such an agreement had the

amendments made by this section [amending this section and sections

302d, 302e, 308 to 308e, 308h, and 308i of this title and sections

2130a and 2172 [now 16302] of Title 10, Armed Forces] taken effect

on October 1, 1992.

"(B) A person referred to in subparagraph (A) is a person who,

during the period beginning on October 1, 1992, and ending on the

date of the enactment of this Act, would have qualified for an

agreement described in subparagraph (C) with the Secretary

concerned had the amendments made by this section taken effect on

October 1, 1992.

"(C) An agreement referred to in this paragraph is an agreement

with the Secretary concerned for the payment of a bonus or special

pay under section 301b, 302d, 302e, 308, 308a, 308b, 308c, 308e,

308h, or 308i of title 37, United States Code, or section 2130a of

title 10, United States Code.

"(D) For purposes of this paragraph, the term 'Secretary

concerned' has the meaning given that term in section 101(5) of

title 37, United States Code."

Section 612(a)(2) of Pub. L. 102-190 provided that:

"(A) In the case of an officer described in subparagraph (B) who

executes an agreement under section 301b of such title [37 U.S.C.

301b] during the 90-day period beginning on the date of the

enactment of this Act [Dec. 5, 1991], the Secretary concerned may

treat such agreement as having been executed and accepted for

purposes of such section on the first date on which the officer

would have qualified for such an agreement had the amendment made

by paragraph (1) [amending this section] taken effect on October 1,

1991.

"(B) An officer referred to in subparagraph (A) is an officer

who, during the period beginning on October 1, 1991, and ending on

the date of the enactment of this Act, would have qualified for an

agreement under such section had the amendment made by paragraph

(1) taken effect on October 1, 1991.

"(C) For purposes of this paragraph, the term 'Secretary

concerned' has the meaning given that term in section 101(5) of

title 37, United States Code."

Section 632(d) of Pub. L. 101-189 provided that:

"(1) In the case of an aviation officer described in paragraph

(2) who executes an agreement under section 301b of title 37,

United States Code, during the 90-day period beginning on the date

of the enactment of this Act [Nov. 29, 1989], the Secretary

concerned may deem such agreement to have been executed and

accepted for purposes of such section on the first date on which

the officer would have qualified for such an agreement had the

amendment made by subsection (a) [amending this section] taken

effect on October 1, 1989.

"(2) An aviation officer referred to in paragraph (1) is an

officer who, during the period beginning on October 1, 1989, and

ending on the date of the enactment of this Act, would have

qualified for an agreement under such section had the amendment

made by subsection (a) taken effect on October 1, 1989.

"(3) For purposes of this subsection, the term 'Secretary

concerned' has the meaning given that term by section 101(5) of

title 37, United States Code."

AVIATOR RETENTION BONUS

Pub. L. 100-456, div. A, title VI, Sec. 611, Sept. 29, 1988, 102

Stat. 1977, as amended by Pub. L. 101-189, div. A, title VI, Sec.

632(b), Nov. 29, 1989, 103 Stat. 1453, provided that a covered

aviation officer who, during the period beginning on Jan. 1, 1989,

and ending on Sept. 30, 1989, executed a written agreement to

remain on active duty in aviation service for at least one year

could, upon the acceptance of the written agreement by the

Secretary concerned, be paid a retention bonus as provided in this

section.

SPECIAL PAY AS INDUCEMENT TO REMAIN ON ACTIVE DUTY; REPORT TO

CONGRESS

Section 904(b) of Pub. L. 98-94 provided that:

"(1) It is the sense of the Congress that eligibility for special

pay for aviation career officers under section 301b of title 37,

United States Code, should be made available only to officers who

will likely be induced to remain on active duty in aviation service

by receipt of the special pay.

"(2) The Secretary of the Navy shall submit to the Congress not

later than July 1, 1984, a written report, approved by the

Secretary of Defense, on the payment of special pay for aviation

career officers under section 301b of title 37, United States Code,

since the date of the enactment of this Act [Sept. 24. 1983]. Such

report shall include -

"(A) a list of the specific aviation specialties by aircraft

type determined to be critical for purposes of the payment of

special pay under such section since the date of the enactment of

this Act;

"(B) the number of officers within each critical aviation

specialty who received the special pay under such section since

the date of the enactment of this Act by grade, years of prior

active service, and amounts of special pay received under such

section;

"(C) an explanation and justification for the Secretary's

designation of an aviation specialty as 'critical' and for the

payment of special pay under section 301b of such title to

officers who have more than eight years of prior active service

and who are serving in pay grade O-4 or above, if payment of such

pay was made to such officers; and

"(D) an evaluation of the progress made since the date of the

enactment of this Act toward eliminating shortages of aviators in

the aviation specialties designated by the Secretary as

critical."

-End-

-CITE-

37 USC Sec. 301c 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 301c. Incentive pay: submarine duty

-STATUTE-

(a) Eligibility Requirements. - (1) Subject to regulations

prescribed by the President, a member of the naval service who is

entitled to basic pay, and (A) holds (or is in training leading to)

a submarine duty designator, (B) is in and remains in the submarine

service on a career basis, and (C) meets the requirements of

paragraph (3), is entitled to continuous monthly submarine duty

incentive pay in the amount prescribed pursuant to subsection (b).

(2) Subject to regulations prescribed by the President, a member

of the naval service who is entitled to basic pay but is not

entitled to continuous monthly submarine duty incentive pay under

paragraph (1) is entitled to submarine duty incentive pay in the

amount prescribed pursuant to subsection (b) for any period during

which such member performs frequent and regular operational

submarine duty (as defined in paragraph (5)) required by orders.

(3) To be entitled to continuous monthly submarine duty incentive

pay through 26 years of service (as computed under section 205 of

this title, but excluding, in the case of an officer, periods as an

enlisted member before initial appointment as an officer), a member

must perform operational submarine duties for at least 6 of the

first 12, and at least 10 of the first 18, years of his submarine

service. However, if a member performs the prescribed operational

submarine duties for at least 8 but less than 10 of the first 18

years of his submarine service, he is entitled to continuous

monthly submarine duty incentive pay for the first 22 years of his

service (as computed under section 205 of this title, but

excluding, in the case of an officer, periods as an enlisted member

before initial appointment as an officer).

(4) If upon completion of either 12 or 18 years of submarine

service it is determined that a member has failed to perform the

minimum prescribed operational submarine duty requirements during

the prescribed periods of time, his entitlement to continuous

monthly submarine duty incentive pay ceases. If entitlement to

continuous monthly submarine duty incentive pay ceases upon

completion of 12 years of submarine service, entitlement to that

pay may again commence upon completion of 18 years of submarine

service if the minimum operational submarine duty requirements have

been met, and such pay shall continue for the period of time

prescribed in accordance with this section. However, if entitlement

to continuous monthly submarine duty incentive pay ceases in the

case of any member at the completion of either 12 or 18 years of

submarine service or 26 years of service (as computed under section

205 of this title, but excluding, in the case of an officer,

periods as an enlisted member before initial appointment as an

officer), such member shall be entitled to that pay in the amount

prescribed pursuant to subsection (b) for the performance of

subsequent operational submarine duty, or for the performance of

service as a member of a submarine operational command staff, if

such member's duties require serving on a submarine during underway

operations.

(5) In this section:

(A) The term "operational submarine duty" means duty -

(i) while attached under competent orders to a submarine,

while serving as an operator or crew member of an operational

submersible (including an undersea exploration or research

vehicle), while undergoing training preliminary to assignment

to a nuclear-powered submarine, while undergoing rehabilitation

after assignment to a nuclear-powered submarine, or, in the

case of a member qualified in submarines, while attached as a

member of a submarine operational command staff whose duties

require serving on a submarine during underway operations -

(I) during one calendar month: 48 hours, except that hours

served underway in excess of 48 as a member of a submarine

operational command staff during any of the immediately

preceding five calendar months and not already used to

qualify for incentive pay may be applied to satisfy the

underway time requirements for the current month;

(II) during any two consecutive calendar months when the

requirements of subclause (I) of this clause have not been

met: 96 hours; or

(III) during any three consecutive calendar months when the

requirements of subclause (II) of this clause have not been

met: 144 hours;

(ii) while receiving instruction to prepare for assignment to

a submarine of advanced design, or

(iii) while receiving instruction to prepare for a position

of increased responsibility on a submarine.

(B) The term "submarine service" means the service performed,

under regulations prescribed by the Secretary of the Navy, by a

member, and the years of submarine service are computed beginning

with the effective date of the initial order to perform submarine

service.

(b) Monthly Rates. - The Secretary of the Navy shall prescribe

the monthly rates of submarine duty incentive pay, except that the

maximum monthly rate may not exceed $1,000.

(c) Exceptions. - (1) An officer who fails of selection for

assignment as an executive officer or commanding officer of a

submarine or who declines to serve in either such position may not

be paid submarine duty incentive pay except for periods during

which the officer is serving on a submarine during underway

operations.

(2) An enlisted member may not be paid continuous submarine duty

incentive pay while serving ashore between submarine sea duty

assignments unless the member has a sufficient period of enlistment

(including any extension of an enlistment) remaining to be

reassigned to submarine sea duty.

(d) Applicability to Certain Naval Reserve Duty. - Under

regulations prescribed by the President and to the extent provided

for by appropriations, when a member of the Naval Reserve who is

entitled to compensation under section 206 of this title, performs,

under orders, duty on a submarine during underway operations, he is

eligible for an increase in such compensation equal to

one-thirtieth of the monthly incentive pay prescribed pursuant to

subsection (b) for the performance of that duty by a member of a

corresponding grade and years of service who is entitled to basic

pay. Such a member is eligible for the increase for each day

served, for as long as he is qualified for it, during each regular

period of appropriate duty.

-SOURCE-

(Added Pub. L. 96-579, Sec. 3(d), Dec. 23, 1980, 94 Stat. 3360;

amended Pub. L. 97-39, title VII, Sec. 701(a), (b), Aug. 14, 1981,

95 Stat. 942; Pub. L. 97-60, title I, Sec. 114, Oct. 14, 1981, 95

Stat. 995; Pub. L. 99-145, title VI, Sec. 633(a), Nov. 8, 1985, 99

Stat. 646; Pub. L. 100-26, Sec. 8(e)(4), Apr. 21, 1987, 101 Stat.

286; Pub. L. 100-180, div. A, title VI, Sec. 623(a), (b), Dec. 4,

1987, 101 Stat. 1101; Pub. L. 100-224, Sec. 5(a)(2), Dec. 30, 1987,

101 Stat. 1538; Pub. L. 100-456, div. A, title XII, Sec.

1233(l)(1), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101-510, div.

A, title XIII, Sec. 1322(c)(1), Nov. 5, 1990, 104 Stat. 1672; Pub.

L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105

Stat. 117; Pub. L. 102-190, div. A, title XI, Sec. 1111(d)(2), Dec.

5, 1991, 105 Stat. 1492; Pub. L. 107-107, div. A, title VI, Sec.

617(a), (b), Dec. 28, 2001, 115 Stat. 1137.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 617(b)(1), inserted

heading and substituted "prescribed pursuant to subsection (b)" for

"set forth in subsection (b)" in pars. (1), (2), and (4).

Subsec. (b). Pub. L. 107-107, Sec. 617(a), inserted heading and

amended text generally, substituting provisions relating to the

Secretary's discretion in prescribing submarine duty incentive pay

rates for tables specifying those rates.

Subsec. (c). Pub. L. 107-107, Sec. 617(b)(2), inserted heading.

Subsec. (d). Pub. L. 107-107, Sec. 617(b)(3), inserted heading

and substituted "prescribed pursuant to subsection (b)" for

"authorized by subsection (b)".

1991 - Pub. L. 102-25 struck out "of this section" and "of this

subsection" wherever appearing in subsecs. (a) and (d).

Subsec. (b). Pub. L. 102-190, in table pertaining to warrant

officers, added provisions relating to pay grade W-5 in two places.

1990 - Subsec. (e). Pub. L. 101-510 struck out subsec. (e) which

read as follows: "The Secretary of Defense shall report to the

Congress before January 1 each year -

"(1) the number of enlisted members and officers, by pay grade,

who, during the preceding fiscal year, had at least 12 but less

than 18 years of submarine service and who were entitled to

continuous monthly submarine duty incentive pay under subsection

(a) of this section; and

"(2) the number of enlisted members and officers, by pay grade,

who, during such fiscal year, had at least 18 years of submarine

service and who were entitled to such incentive pay.

The Secretary shall include in each such report the number of

enlisted members and the number of officers in each category

referred to in the first sentence of this subsection, the number of

such officers who, during the fiscal year concerned, were

performing operational submarine duties, who were performing

submarine command staff duties, and who were not performing

submarine duties at all."

1988 - Subsec. (a). Pub. L. 100-456 made clarifying amendment to

directory language of Pub. L. 100-180, Sec. 623(a). See 1987

Amendment note below.

1987 - Subsec. (a)(1), (2). Pub. L. 100-180, Sec. 623(a), as

amended by Pub. L. 100-456, substituted "naval service" for "Navy".

Subsec. (a)(5). Pub. L. 100-26 substituted "In this section:" for

"For the purposes of this section, the term - ", inserted "The

term" at beginning of subpars. (A) and (B), and substituted

"operational" for "Operational" and "submarine" for "Submarine" in

subpars. (A) and (B), respectively.

Subsec. (b). Pub. L. 100-224 struck out, preceding table for

enlisted members, "(b) The monthly rates for special pay under

subsection (a) are as follows:" which had inadvertently been

inserted as a second subsec. (b) by Pub. L. 100-180, Sec. 623(b).

Pub. L. 100-180, Sec. 623(b), amended tables generally so as to

reflect an upward adjustment in monthly incentive pay rates for

enlisted members, commissioned officers, and warrant officers of

all pay grades and years of service encompassed by tables.

1985 - Subsec. (b). Pub. L. 99-145 amended table pertaining to

commissioned officers generally, so as to reflect an upward

adjustment in monthly incentive pay rates for persons in pay grades

O-6 through O-3 having over 18, over 20, over 22, and over 26 years

of service, respectively.

1981 - Subsec. (a)(1). Pub. L. 97-39, Sec. 701(a), substituted

provisions set forth as cls. (A) to (C) respecting conditions for

continuous monthly submarine duty incentive pay for provisions

relating to payment of incentive pay for the frequent and regular

performance of operational submarine duty required by orders.

Subsec. (a)(2). Pub. L. 97-39, Sec. 701(a), substituted

provisions relating to payment of submarine duty incentive pay for

provisions relating to restrictions on payment of submarine duty

incentive pay.

Subsec. (a)(3), (4). Pub. L. 97-60 inserted ", but excluding, in

the case of an officer, periods as an enlisted member before

initial appointment as an officer" after "(as computed under

section 205 of this title" in three places.

Subsec. (a)(5)(A)(i). Pub. L. 97-39, Sec. 701(b), inserted

provisions relating to service as an operator or crew member of an

operational submersible.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 applicable as if included in

enactment of Pub. L. 100-180, see section 1233(l)(5) of Pub. L.

100-456, set out as a note under section 2366 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 623(c) of Pub. L. 100-180 provided that:

"(1) Subject to paragraph (2), the amendments made by this

section [amending this section] shall take effect on the first day

of the first month beginning after the date of the enactment of

this Act [Dec. 4, 1987] and shall apply only with respect to duty

performed on or after that date.

"(2) The amendments made by this section shall take effect only

if legislation as described in section 3(c) is enacted [section

3(c) of Pub. L. 100-180, which is not classified to the Code]."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 633(b) of Pub. L. 99-145 provided that: "The amendment

made by this section [amending this section] shall take effect on

October 1, 1985."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 701(c) of Pub. L. 97-39 provided that: "The amendments

made by this section [amending this section] shall take effect as

of January 1, 1981."

EFFECTIVE DATE

Section 3(g) of Pub. L. 96-579 provided: "The amendments made by

this subsection [probably means section 3 of Pub. L. 96-579, which

enacted this section and amended sections 301 and 308 of this

title] shall become effective on the first day of the first month

following the month in which this Act is enacted [December, 1980]."

TRANSITION PROVISIONS

Pub. L. 107-107, div. A, title VI, Sec. 617(c), Dec. 28, 2001,

115 Stat. 1137, provided that: "The tables set forth in subsection

(b) of section 301c of title 37, United States Code, as in effect

on the day before the date of the enactment of this Act [Dec. 28,

2001], shall continue to apply until the later of the following:

"(1) January 1, 2002.

"(2) The date on which the Secretary of the Navy prescribes new

submarine duty incentive pay rates as authorized by the amendment

made by subsection (a) [amending this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 308 of this title.

-End-

-CITE-

37 USC Sec. 301d 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 301d. Multiyear retention bonus: medical officers of the armed

forces

-STATUTE-

(a) Bonus Authorized. - (1) A medical officer described in

subsection (b) who executes a written agreement to remain on active

duty for two, three, or four years after completion of any other

active-duty service commitment may, upon acceptance of the written

agreement by the Secretary of the military department concerned, be

paid a retention bonus as provided in this section.

(2) The amount of a retention bonus under paragraph (1) may not

exceed $50,000 for each year covered by a four-year agreement. The

maximum yearly retention bonus for two-year and three-year

agreements shall be reduced to reflect the shorter service

commitment.

(b) Eligible Officers. - This section applies to an officer of

the armed forces who -

(1) is an officer of the Medical Corps of the Army or the Navy

or an officer of the Air Force designated as a medical officer;

(2) is in a pay grade below pay grade O-7;

(3) has at least eight years of creditable service (computed as

described in section 302(g) of this title) or has completed any

active-duty service commitment incurred for medical education and

training; and

(4) has completed initial residency training (or will complete

such training before September 30 of the fiscal year in which the

officer enters into an agreement under subsection (a)).

(c) Refunds. - (1) Refunds shall be required, on a pro rata

basis, of sums paid under this section if the officer who has

received the payment fails to complete the total period of active

duty specified in the agreement, as conditions and circumstances

warrant.

(2) An obligation to reimburse the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11, United States Code,

that is entered less than five years after the termination of an

agreement under this section does not discharge the member signing

such agreement from a debt arising under such agreement or under

paragraph (1). This paragraph applies to any case commenced under

title 11 after November 5, 1990.

-SOURCE-

(Added Pub. L. 101-510, div. A, title VI, Sec. 611(a)(1), Nov. 5,

1990, 104 Stat. 1576; amended Pub. L. 102-484, div. A, title X,

Sec. 1054(a)(2), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 107-314,

div. A, title VI, Sec. 615(a), Dec. 2, 2002, 116 Stat. 2568.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-314 substituted "$50,000" for

"$14,000".

1992 - Subsec. (c)(2). Pub. L. 102-484, Sec. 1054(a)(2)(A),

substituted "owed" for "owned".

Subsec. (c)(3). Pub. L. 102-484, Sec. 1054(a)(2)(B), substituted

"November 5, 1990" for "the date of the enactment of the National

Defense Authorization Act for Fiscal Year 1991".

APPLICATION OF INCREASE

Pub. L. 107-314, div. A, title VI, Sec. 615(i), Dec. 2, 2002, 116

Stat. 2569, provided that: "In the case of an amendment made by

this section [amending sections 301d, 301e, 302, 302a, 302d, 302e,

and 302i of this title and section 2130a of Title 10, Armed Forces]

to increase the maximum amount of a special pay or bonus that may

be paid during any 12-month period, the amended limitation shall

apply to 12-month periods beginning after September 30, 2002."

ELIGIBILITY OF FLAG AND GENERAL OFFICERS FOR MULTIYEAR RETENTION

BONUS FOR MEDICAL OFFICERS

Pub. L. 102-190, div. A, title VI, Sec. 615, Dec. 5, 1991, 105

Stat. 1377, provided that:

"(a) Reiterating Ineligibility. - The restriction contained in

subsection (b)(2) of section 301d of title 37, United States Code,

on the eligibility of flag and general officers serving as

full-time physicians to receive a multiyear retention bonus under

that section shall not be construed as being limited, modified, or

superseded by any provision of law, whether enacted before, on, or

after the date of the enactment of this Act [Dec. 5, 1991], unless

that provision of law -

"(1) specifically refers to that section and this subsection;

and

"(2) identifies the flag and general officers affected by that

provision.

"(b) Savings Provision. - (1) A medical officer of the Armed

Forces who is a flag or general officer and has received any

payment of a bonus under section 301d of title 37, United States

Code, before the date of the enactment of this Act [Dec. 5, 1991]

may not be required to reimburse the United States for such payment

by reason of the enactment of subsection (a).

"(2) A written agreement referred to in section 301d of title 37,

United States Code, that was entered into on or after April 10,

1991, and before the date of the enactment of this Act [Dec. 5,

1991] by a medical officer of the Armed Forces referred to in

paragraph (1) in exchange for a payment (or a promise of payment)

of a bonus under that section shall be terminated as of the later

of -

"(A) the end of the month following the month in which this Act

is enacted; or

"(B) the end of the period covered by the bonus payment or

payments received by that officer as described in that

paragraph."

Pub. L. 102-172, title VIII, Sec. 8084, Nov. 26, 1991, 105 Stat.

1192, provided that: "Restrictions provided under subsection (b)(2)

of section 301d of title 37, United States Code, as authorized by

the National Defense Authorization Act for Fiscal Year 1991 (Public

Law 101-510), and hereafter, shall not apply in the case of flag or

general officers serving as full-time practicing physicians."

TERMINATION OF EXISTING RETENTION BONUS AGREEMENT

Section 611(b) of Pub. L. 101-510 provided that:

"(1) Subject to the approval of the Secretary of the military

department concerned, a medical officer who is eligible to enter

into a retention bonus agreement under section 301d of title 37,

United States Code (as added by subsection (a)) may terminate any

existing retention bonus agreement entered into by that officer

under [section] 612 of the National Defense Authorization Act,

Fiscal Year 1989 [Pub. L. 100-456] (37 U.S.C. 302 note), in order

to enter into an agreement under section 301d of such title

containing an active-duty service obligation that is not less than

the active-duty service obligation remaining under the existing

agreement on the date of its termination.

"(2) Subsection (e) of section 612 of the National Defense

Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not

apply to the termination, pursuant to paragraph (1), of a retention

bonus agreement under that section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303a of this title.

-End-

-CITE-

37 USC Sec. 301e 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 301e. Multiyear retention bonus: dental officers of the armed

forces

-STATUTE-

(a) Bonus Authorized. - (1) A dental officer described in

subsection (b) who executes a written agreement to remain on active

duty for two, three, or four years after completion of any other

active-duty service commitment may, upon acceptance of the written

agreement by the Secretary of the military department concerned, be

paid a retention bonus as provided in this section.

(2) The amount of a retention bonus under paragraph (1) may not

exceed $50,000 for each year covered by a four-year agreement. The

maximum yearly retention bonus for two-year and three-year

agreements shall be reduced to reflect the shorter service

commitment.

(b) Officers Automatically Eligible. - Subsection (a) applies to

an officer of the armed forces who -

(1) is an officer of the Dental Corps of the Army or the Navy

or an officer of the Air Force designated as a dental officer;

(2) has a dental specialty in oral and maxillofacial surgery;

(3) is in a pay grade below pay grade O-7;

(4) has at least eight years of creditable service (computed as

described in section 302b(g) of this title) or has completed any

active-duty service commitment incurred for dental education and

training; and

(5) has completed initial residency training (or will complete

such training before September 30 of the fiscal year in which the

officer enters into an agreement under subsection (a)).

(c) Extension of Bonus to Other Dental Officers. - At the

discretion of the Secretary of the military department concerned,

the Secretary may enter into a written agreement described in

subsection (a)(1) with a dental officer who does not have the

dental specialty specified in subsection (b)(2), and pay a

retention bonus to such an officer as provided in this section, if

the officer otherwise satisfies the eligibility requirements

specified in subsection (b). The Secretaries shall exercise the

authority provided in this section in a manner consistent with

regulations prescribed by the Secretary of Defense.

(d) Refunds. - (1) Refunds shall be required, on a pro rata

basis, of sums paid under this section if the officer who has

received the payment fails to complete the total period of active

duty specified in the agreement, as conditions and circumstances

warrant.

(2) An obligation to reimburse the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11, United States Code,

that is entered less than five years after the termination of an

agreement under this section does not discharge the member signing

such agreement from a debt arising under such agreement or under

paragraph (1). This paragraph applies to any case commenced under

title 11 after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1998.

-SOURCE-

(Added Pub. L. 105-85, div. A, title VI, Sec. 617(a), Nov. 18,

1997, 111 Stat. 1788; amended Pub. L. 107-314, div. A, title VI,

Sec. 615(b), Dec. 2, 2002, 116 Stat. 2568.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the National Defense Authorization

Act for Fiscal Year 1998, referred to in subsec. (d)(3), is the

date of enactment of Pub. L. 105-85, which was approved Nov. 18,

1997.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-314 substituted "$50,000" for

"$14,000".

APPLICATION OF INCREASE

In case of amendment by section 615 of Pub. L. 107-314 to

increase maximum amount of special pay or bonus that may be paid

during any 12-month period, the amended limitation is applicable to

12-month periods beginning after Sept. 30, 2002, see section 615(i)

of Pub. L. 107-314, set out as a note under section 301d of this

title.

-End-

-CITE-

37 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302. Special pay: medical officers of the armed forces

-STATUTE-

(a) Variable, Additional, and Board Certification Special Pay. -

(1) An officer who is an officer of the Medical Corps of the Army

or the Navy or an officer of the Air Force designated as a medical

officer and who is on active duty under a call or order to active

duty for a period of not less than one year is entitled to special

pay in accordance with this subsection.

(2) An officer described in paragraph (1) who is serving in a pay

grade below pay grade O-7 is entitled to variable special pay at

the following rates:

(A) $1,200 per year, if the officer is undergoing medical

internship training.

(B) $5,000 per year, if the officer has less than six years of

creditable service and is not undergoing medical internship

training.

(C) $12,000 per year, if the officer has at least six but less

than eight years of creditable service.

(D) $11,500 per year, if the officer has at least eight but

less than ten years of creditable service.

(E) $11,000 per year, if the officer has at least ten but less

than twelve years of creditable service.

(F) $10,000 per year, if the officer has at least twelve but

less than fourteen years of creditable service.

(G) $9,000 per year, if the officer has at least fourteen but

less than eighteen years of creditable service.

(H) $8,000 per year, if the officer has at least eighteen but

less than twenty-two years of creditable service.

(I) $7,000 per year, if the officer has twenty-two or more

years of creditable service.

(3) An officer described in paragraph (1) who is serving in a pay

grade above pay grade O-6 is entitled to variable special pay at

the rate of $7,000 per year.

(4) Subject to subsection (c), an officer entitled to variable

special pay under paragraph (2) or (3) is entitled to additional

special pay of $15,000 for any twelve-month period during which the

officer is not undergoing medical internship or initial residency

training.

(5) An officer who is entitled to variable special pay under

paragraph (2) or (3) and who is board certified is entitled to

additional special pay at the following rates:

(A) $2,500 per year, if the officer has less than ten years of

creditable service.

(B) $3,500 per year, if the officer has at least ten but less

than twelve years of creditable service.

(C) $4,000 per year, if the officer has at least twelve but

less than fourteen years of creditable service.

(D) $5,000 per year, if the officer has at least fourteen but

less than eighteen years of creditable service.

(E) $6,000 per year, if the officer has eighteen or more years

of creditable service.

(b) Incentive Special Pay. - (1) Subject to subsection (c) and

paragraph (2) and under regulations prescribed under section

303a(a) of this title, an officer who is entitled to variable

special pay under subsection (a)(2) may be paid incentive special

pay for any twelve-month period during which the officer is not

undergoing medical internship or initial residency training. The

amount of incentive special pay paid to an officer under this

subsection may not exceed $50,000 for any 12-month period.

(2) An officer is not eligible for incentive special pay under

paragraph (1) unless the Secretary concerned has determined that

such officer is qualified in the medical profession.

(c) Active-Duty Agreement. - (1) An officer may not be paid

additional special pay under subsection (a)(4) or incentive special

pay under subsection (b) for any twelve-month period unless the

officer first executes a written agreement under which the officer

agrees to remain on active duty for a period of not less than one

year beginning on the date the officer accepts the award of such

special pay.

(2) Under regulations prescribed by the Secretary of Defense

under section 303a(a) of this title, the Secretary of the military

department concerned may terminate at any time an officer's

entitlement to the special pay authorized by subsection (a)(4) or

(b)(1). If such entitlement is terminated, the officer concerned is

entitled to be paid such special pay only for the part of the

period of active duty that he served, and he may be required to

refund any amount in excess of that entitlement.

(d) Regulations. - Regulations prescribed by the Secretary of

Defense under section 303a(a) of this title shall include standards

for determining -

(1) whether an officer is undergoing medical internship or

initial residency training for purposes of subsections (a)(2)(A),

(a)(2)(B), (a)(4), and (b)(1); and

(2) whether an officer is board certified for purposes of

subsection (a)(5).

(e) Frequency of Payments. - Special pay payable to an officer

under paragraphs (2), (3), and (5) of subsection (a) shall be paid

monthly. Special pay payable to an officer under subsection (a)(4)

or (b)(1) shall be paid annually at the beginning of the

twelve-month period for which the officer is entitled to such

payment.

(f) Refund for Period of Unserved Obligated Service. - An officer

who voluntarily terminates service on active duty before the end of

the period for which a payment was made to such officer under

subsection (a)(4) or (b)(1) shall refund to the United States an

amount which bears the same ratio to the amount paid to such

officer as the unserved part of such period bears to the total

period for which the payment was made.

(g) Determination of Creditable Service. - For purposes of this

section, creditable service of an officer is computed by adding -

(1) all periods which the officer spent in medical internship

or residency training during which the officer was not on active

duty; and

(2) all periods of active service in the Medical Corps of the

Army or Navy, as an officer of the Air Force designated as a

medical officer, or as a medical officer of the Public Health

Service.

(h) Reserve Medical Officers Special Pay. - (1) A reserve medical

officer described in paragraph (2) is entitled to special pay at

the rate of $450 a month for each month of active duty, including

active duty in the form of annual training, active duty for

training, and active duty for special work.

(2) A reserve medical officer referred to in paragraph (1) is a

reserve officer who -

(A) is an officer of the Medical Corps of the Army or the Navy

or an officer of the Air Force designated as a medical officer;

and

(B) is on active duty under a call or order to active duty for

a period of less than one year.

(i) Effect of Discharge in Bankruptcy. - A discharge in

bankruptcy under title 11 that is entered less than 5 years after

the termination of an agreement under this section does not

discharge the person signing such agreement from a debt arising

under such agreement or under subsection (c)(2) or (f). This

paragraph applies to any case commenced under title 11 after

September 30, 1985.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 464; Pub. L. 88-2, Sec. 5,

Mar. 28, 1963, 77 Stat. 4; Pub. L. 88-132, Sec. 4, Oct. 2, 1963, 77

Stat. 212; Pub. L. 89-718, Sec. 53, Nov. 2, 1966, 80 Stat. 1122;

Pub. L. 90-40, Sec. 5, June 30, 1967, 81 Stat. 105; Pub. L. 92-129,

title I, Sec. 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93-64,

title II, Sec. 201, July 9, 1973, 87 Stat. 149; Pub. L. 93-274,

Sec. 1(1), May 6, 1974, 88 Stat. 94; Pub. L. 96-284, Sec. 2(a),

June 28, 1980, 94 Stat. 587; Pub. L. 96-513, title IV, Sec. 415,

Dec. 12, 1980, 94 Stat. 2906; Pub. L. 99-145, title VI, Sec. 640,

Nov. 8, 1985, 99 Stat. 652; Pub. L. 99-661, div. A, title XIII,

Secs. 1342(d), 1343(b)(1), Nov. 14, 1986, 100 Stat. 3991, 3995;

Pub. L. 100-180, div. A, title VII, Sec. 716(a), Dec. 4, 1987, 101

Stat. 1113; Pub. L. 101-189, div. A, title VII, Sec. 702(a)-(f),

Nov. 29, 1989, 103 Stat. 1468, 1469; Pub. L. 101-510, div. A, title

VI, Sec. 612, Nov. 5, 1990, 104 Stat. 1577; Pub. L. 106-398, Sec. 1

[[div. A], title VI, Sec. 625(a)], Oct. 30, 2000, 114 Stat. 1654,

1654A-153; Pub. L. 107-314, div. A, title VI, Sec. 615(c), Dec. 2,

2002, 116 Stat. 2568.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

302(a) 37:234(a). Oct. 12, 1949, ch. 681,

Sec. 203(a), (b) (less

applicability to

veterinarians), 63 Stat.

809; June 25, 1952, ch.

459, Sec. 1, 66 Stat.

156; June 29, 1953, ch.

138, Sec. 8 (less

applicability to

veterinarians), 67 Stat.

89; June 30, 1955, ch.

250, Sec. 203, 69 Stat.

225; Apr. 30, 1956, ch.

223, Sec. 5, 70 Stat.

122; Mar. 23, 1959, Pub.

L. 86-4, Sec. 5, 73

Stat. 13.

302(b)

302(c)

37:234(b) (introductory

clause and last proviso,

less applicability to

veterinarians).

37:234(b) (less

introductory clause, less

provisos, and less

applicability to

veterinarians).

37:234(b) (1st and 2d

provisos, less

applicability to

veterinarians).

--------------------------------------------------------------------

In subsection (a), clause (1) is substituted for section

234(a)(1), (2), and (3) of existing title 37. The words "of the

Regular Army or the Regular Navy" and "of the Regular Air Force"

are inserted in clauses (1)(A) and (B), respectively, since, in

contradistinction to section 234(a)(4) of existing title 37, their

source was intended to apply only to regular officers. Clauses (2)

(A) and (B) are substituted for the enumeration of categories in

section 234(a)(4) of existing title 37 to reflect current usage and

designation of those categories. Clause (3) is substituted for

section 234(a)(5) and (6) of existing title 37.

In subsection (c), the words "disability retirement pay" are

omitted as covered by the words "retired pay". Section 234(b) (2d

proviso) of existing title 37 is omitted as obsolete.

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-314 inserted second sentence

and struck out former second sentence which read as follows: "No

payment to an officer under this subsection may exceed $16,000 for

any twelve-month period beginning in fiscal year 1990, $22,000 for

any twelve-month period beginning in fiscal year 1991, $29,000 for

any twelve-month period beginning in fiscal year 1992, and $36,000

for any twelve-month period beginning after fiscal year 1992."

2000 - Subsec. (h)(1). Pub. L. 106-398 inserted before period at

end ", including active duty in the form of annual training, active

duty for training, and active duty for special work".

1990 - Subsec. (a)(3). Pub. L. 101-510 substituted "$7,000" for

"$1,000".

1989 - Subsec. (a). Pub. L. 101-189, Sec. 702(f)(1), inserted

heading.

Subsec. (a)(2). Pub. L. 101-189, Sec. 702(f)(9), struck out "of

this subsection" after "paragraph (1)" in introductory provisions.

Subsec. (a)(2)(C) to (I). Pub. L. 101-189, Sec. 702(a), in

subpar. (C), substituted "$12,000" for "$10,000", in subpar. (D),

substituted "$11,500" for "$9,500", in subpar. (E), substituted

"$11,000" for "$9,000", in subpar. (F), substituted "$10,000" for

"$8,000", in subpar. (G), substituted "$9,000" for "$7,000", in

subpar. (H), substituted "$8,000" for "$6,000", and in subpar. (I),

substituted "$7,000" for "$5,000".

Subsec. (a)(3). Pub. L. 101-189, Sec. 702(f)(9), struck out "of

this subsection" after "paragraph (1)".

Subsec. (a)(4). Pub. L. 101-189, Sec. 702(f)(9), struck out "of

this section" after "subsection (c)" and "of this subsection" after

"paragraph (2) or (3)".

Pub. L. 101-189, Sec. 702(b), struck out subpar. (A) designation,

substituted "is entitled to additional special pay of $15,000" for

"who has less than ten years of creditable service is entitled to

additional special pay of $9,000", and struck out subpar. (B) which

read as follows: "Subject to subsection (c) of this section, an

officer entitled to variable special pay under paragraph (2) or (3)

of this subsection who has ten or more years of creditable service

is entitled to additional special pay of $10,000 for any

twelve-month period during which the officer is not undergoing

medical internship or initial residency training."

Subsec. (a)(5). Pub. L. 101-189, Sec. 702(f)(9), struck out "of

this subsection" after "paragraph (2) or (3)".

Pub. L. 101-189, Sec. 702(c), in subpar. (A), substituted

"$2,500" for "$2,000", in subpar. (B), substituted "$3,500" for

"$2,500", in subpar. (C), substituted "$4,000" for "$3,000", in

subpar. (D), substituted "$5,000" for "$4,000", and in subpar. (E),

substituted "$6,000" for "$5,000".

Subsec. (b). Pub. L. 101-189, Sec. 702(f)(2), inserted heading.

Subsec. (b)(1). Pub. L. 101-189, Sec. 702(f)(9), struck out "of

this section" after "subsection (c)" and "subsection (a)(2)" and

struck out "of this subsection" after "paragraph (2)".

Pub. L. 101-189, Sec. 702(d), substituted "$16,000 for any

twelve-month period beginning in fiscal year 1990, $22,000 for any

twelve-month period beginning in fiscal year 1991, $29,000 for any

twelve-month period beginning in fiscal year 1992, and $36,000 for

any twelve-month period beginning after fiscal year 1992" for

"$8,000 for any twelve-month period unless the Secretary concerned

determines that the officer is qualified and serving in a health

profession skill which has been designated by the Secretary

concerned as a critically needed wartime skill".

Subsec. (b)(2). Pub. L. 101-189, Sec. 702(f)(9), struck out "of

this subsection" after "paragraph (1)".

Subsec. (c). Pub. L. 101-189, Sec. 702(f)(9), struck out "of this

section" after "subsection (a)(4)" and "subsection (b)" in par. (1)

and after "or (b)(1)" in par. (2).

Pub. L. 101-189, Sec. 702(f)(3), inserted heading.

Subsec. (d). Pub. L. 101-189, Sec. 702(f)(9), struck out "of this

section" after "and (b)(1)" in par. (1) and after "subsection

(a)(5)" in par. (2).

Pub. L. 101-189, Sec. 702(f)(4), inserted heading.

Subsec. (e). Pub. L. 101-189, Sec. 702(f)(9), struck out "of this

section" after "subsection (a)" and "or (b)(1)".

Pub. L. 101-189, Sec. 702(f)(5), inserted heading.

Subsec. (f). Pub. L. 101-189, Sec. 702(f)(9), struck out "of this

section" after "or (b)(1)".

Pub. L. 101-189, Sec. 702(f)(6), inserted heading.

Subsec. (g). Pub. L. 101-189, Sec. 702(f)(7), inserted heading.

Subsec. (h). Pub. L. 101-189, Sec. 702(e), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows:

"(1) Any reserve officer who is an officer of the Medical Corps

of the Army or the Navy or an officer of the Air Force designated

as a medical officer -

"(A) who has served on active duty as a medical officer for not

less than one year; and

"(B) who is on active duty under a call or order to active duty

for a period of less than one year;

is entitled to special pay in accordance with this subsection.

"(2) An officer described in paragraph (1) of this subsection is

entitled to special pay at the rate of -

"(A) $100 a month for each month of active duty, if he has not

completed two years of active duty; or

"(B) $350 a month for each month of active duty, if he has

completed at least two years of active duty."

Subsec. (i). Pub. L. 101-189, Sec. 702(f)(9), struck out "of this

section" after "or (f)".

Pub. L. 101-189, Sec. 702(f)(8), inserted heading.

1987 - Subsec. (b)(1). Pub. L. 100-180, Sec. 716(a)(1), (2),

struck out "in an amount not to exceed $8,000" after "incentive

special pay" and inserted at end "No payment to an officer under

this subsection may exceed $8,000 for any twelve-month period

unless the Secretary concerned determines that the officer is

qualified and serving in a health profession skill which has been

designated by the Secretary concerned as a critically needed

wartime skill."

Subsec. (b)(3). Pub. L. 100-180, Sec. 716(a)(3), struck out par.

(3) which read as follows: "The amount that may be paid for

incentive special pay under this subsection in any fiscal year may

not exceed an amount equal to 6 percent of the total amount paid in

such year for special pay under subsection (a) of this section and

paragraph (1) of this subsection."

1986 - Subsec. (h)(1)(B). Pub. L. 99-661, Sec. 1342(d), amended

subpar. (B) generally, substituting "period of less than one year"

for "period of not less than one year".

Subsec. (i). Pub. L. 99-661, Sec. 1343(b)(1), substituted

"subsection (c)(2) or (f) of this section" for "paragraph (1) of

this subsection".

1985 - Subsec. (h)(1)(B). Pub. L. 99-145, Sec. 640(1),

substituted "who is" for "is not".

Subsec. (i). Pub. L. 99-145, Sec. 640(2), added subsec. (i).

1980 - Pub. L. 96-284, in revising text, added subsecs. (a) to

(g) provisions covering special pay for medical officers of the

armed forces, and struck out former provision for special pay of

physicians in the Army, Navy, Air Force, and Public Health Service,

amounting to $100 or $350 a month for each month of active duty in

cases of active duty in named category of less than two years or

two years or more of duty, now covered as to Public Health Service

in section 302c of this title, and struck out prohibition against

inclusion of active duty monthly special pay in computation of

amount of increase in pay authorized in any other provision of this

title or in computation of retired pay or severance pay.

Subsec. (h). Pub. L. 96-513 added subsec. (h).

1974 - Pub. L. 93-274 reduced for uniformed services physicians

the present four steps of special pay, which require the completion

of ten years of active duty before attaining eligibility for the

$350 per month maximum down to two steps, with the maximum being

reached upon completion of two years of active duty, and repealed

provisions relating to special pay for dentists. See section 302b

of this title.

1973 - Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for

"July 1, 1973" wherever appearing.

1971 - Subsec. (a). Pub. L. 92-129 substituted "July 1, 1973" for

"July 1, 1971" wherever appearing.

1967 - Subsec. (a). Pub. L. 90-40 substituted "July 1, 1971" for

"July 1, 1967" wherever appearing.

1966 - Subsec. (b). Pub. L. 89-718 substituted "or" for "and" at

end of par. (3).

1963 - Subsec. (a). Pub. L. 88-2 substituted "July 1, 1967" for

"July 1, 1963" wherever appearing.

Subsec. (b)(3), (4). Pub. L. 88-132 increased monthly special pay

of officers completing at least six years of active duty from $200

to $250 in par. (3), and officers completing at least 10 years of

active duty from $250 to $350 in par. (4).

EFFECTIVE DATE OF 1989 AMENDMENT

Section 702(g) of Pub. L. 101-189 provided that:

"(1) The amendments made by subsections (a) and (c) [amending

this section] shall take effect on January 1, 1990.

"(2) The amendments made by subsections (b) and (d) [amending

this section] shall apply to an agreement entered into under

section 302(c)(1) of title 37, United States Code, on or after the

date of the enactment of this Act [Nov. 29, 1989].

"(3) The amendment made by subsection (e) [amending this section]

shall take effect on January 1, 1990, and shall apply to pay

periods beginning on or after such date."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1342(d) of Pub. L. 99-661 effective Nov. 14,

1986, see section 1342(h)(1) of Pub. L. 99-661, set out as a note

under section 301 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-513 effective July 1, 1980, see section

701(b)(2) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

Section 8 of Pub. L. 96-284 provided that: "The amendments made

by sections 2 and 3 [enacting section 302c of this title and

amending this section and section 313 of this title] shall apply to

special pay payable for periods beginning after the last day of the

month in which this Act is enacted [June 1980]."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2 of Pub. L. 93-274, as amended by Pub. L. 94-273, Sec.

2(18), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-361, title III, Sec.

305, July 14, 1976, 90 Stat. 926; Pub. L. 95-114, Sec. 1, Sept. 30,

1977, 91 Stat. 1046; Pub. L. 95-485, title VIII, Sec. 801(a), Oct.

20, 1978, 92 Stat. 1619, which provided that the amendments made by

this Act, enacting sections 302b and 313 of this title and amending

this section and section 311 of this title, become effective on

June 1, 1974, with the authority for the special pay provided by

the amendments made by the first section of this Act, enacting

sections 302b and 313 of this title and amending this section and

section 311 of this title, to expire on Sept. 30, 1980, was

repealed by Pub. L. 96-284, Sec. 4(e), June 28, 1980, 94 Stat. 592.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-64 effective July 1, 1973, see section

206 of Pub. L. 93-64, set out as a note under section 401 of this

title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of this

title.

APPLICATION OF INCREASE

In case of amendment by section 615 of Pub. L. 107-314 to

increase maximum amount of special pay or bonus that may be paid

during any 12-month period, the amended limitation is applicable to

12-month periods beginning after Sept. 30, 2002, see section 615(i)

of Pub. L. 107-314, set out as a note under section 301d of this

title.

PROHIBITION ON USE OF APPROPRIATIONS TO PAY BONUSES TO CERTAIN

REGULAR OR RESERVE MEDICAL OFFICERS OF PUBLIC HEALTH SERVICE

Pub. L. 102-394, title II, Sec. 207, Oct. 6, 1992, 106 Stat.

1811, provided that: "None of the funds made available by this Act

or subsequent Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Acts shall be used

to provide special retention pay (bonuses) under paragraph (4) of

37 U.S.C. 302(a) to any regular or reserve medical officer of the

Public Health Service for any period during which the officer is

assigned to the clinical, research, or staff associate program

administered by the National Institutes of Health or the Substance

Abuse and Mental Health Services Administration."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title II, Sec. 207, Nov. 26, 1991, 105 Stat.

1127.

Pub. L. 101-517, title II, Sec. 207, Nov. 5, 1990, 104 Stat.

2209.

Pub. L. 101-166, title II, Sec. 208, Nov. 21, 1989, 103 Stat.

1177.

Pub. L. 100-202, Sec. 101(h) [title II, Sec. 208], Dec. 22, 1987,

101 Stat. 1329-256, 1329-274.

MEDICAL OFFICER RETENTION BONUS

Section 703(e)-(g) of Pub. L. 101-189, as amended by Pub. L.

102-25, title VII, Sec. 705(b), Apr. 6, 1991, 105 Stat. 120,

provided that, in the case of an agreement that was executed by a

medical officer under section 612 of Pub. L. 100-456, formerly set

out below, before Oct. 1, 1989, but that was not accepted by the

Secretary concerned solely because of the limitation contained in

section 612(h), the Secretary concerned could accept such agreement

during the 90-day period beginning on Nov. 29, 1989.

Pub. L. 100-456, div. A, title VI, Sec. 612, Sept. 29, 1988, 102

Stat. 1979, as amended by Pub. L. 101-189, div. A, title VII, Sec.

703(a)-(d), Nov. 29, 1989, 103 Stat. 1469, 1470, provided that a

covered medical officer who, during the period beginning on Jan. 1,

1989, and ending on Sept. 30, 1990, executed a written agreement to

remain on active duty for at least two years after completion of

any other active-duty service commitment could, upon acceptance of

the written agreement by the Secretary concerned, be paid a

retention bonus as provided in this section.

SPECIAL PAY FOR CRITICALLY SHORT WARTIME HEALTH SPECIALISTS IN

SELECTED RESERVE

Pub. L. 100-456, div. A, title VI, Sec. 613, Sept. 29, 1988, 102

Stat. 1981, as amended by Pub. L. 101-510, div. A, title VI, Sec.

616, Nov. 5, 1990, 104 Stat. 1578; Pub. L. 103-160, div. A, title

VI, Sec. 613(g), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103-337,

div. A, title VI, Sec. 613(f), Oct. 5, 1994, 108 Stat. 2783; Pub.

L. 104-106, div. A, title XV, Sec. 1502(c)(5), Feb. 10, 1996, 110

Stat. 508, which established a pilot test program of special pay

for officers of reserve components of the Armed Forces in

critically short wartime health care professions who agreed to

serve in the Selected Reserve, was repealed and reenacted as

section 302g of this title by Pub. L. 104-106, div. A, title VI,

Sec. 614(a)(1), (c)(1), Feb. 10, 1996, 110 Stat. 360, 361.

[Pub. L. 104-106, div. A, title VI, Sec. 614(c)(2), Feb. 10,

1996, 110 Stat. 361, provided that: "The provisions of section 613

of the National Defense Authorization Act, Fiscal Year 1989 [Pub.

L. 100-456, formerly set out as a note above], as in effect on the

day before the date of the enactment of this Act [Feb. 10, 1996],

shall continue to apply to agreements entered into under such

section before such date."]

PRESERVATION OF ENTITLEMENT FOR RESERVE MEDICAL OFFICERS

Pub. L. 96-513, title VI, Sec. 641, Dec. 12, 1980, 94 Stat. 2954,

as amended by Pub. L. 97-22, Sec. 8(o), July 10, 1981, 97 Stat.

136, provided that: "Any person -

"(1) who before June 30, 1980, served on active duty for not

less than one year as a reserve officer of the Medical Corps or

Dental Corps of the Army or the Medical Corps or Dental Corps of

the Navy, as a reserve officer of the Air Force designated as a

medical officer or dental officer, or as a reserve medical

officer or dental officer of the Public Health Service; and

"(2) who after having so served on active duty for not less

than one year received special pay under section 302 or 302b of

title 37, United States Code, as in effect during the period

beginning on May 6, 1974, and ending on June 30, 1980, for

service performed during such period,

shall be considered to have been entitled to such pay as if that

part of such section, as in effect during such period, which read

'who is on active duty for a period of at least one year' read 'who

has served on active duty for not less than one year'."

TRANSITION PROVISIONS

Section 7 of Pub. L. 96-284 provided that: "Notwithstanding any

provision of the amendments made by this Act; [see Short Title of

1980 Amendment note set out under section 101 of this title], and

in accordance with regulations to be prescribed by the Secretary of

Defense, any officer of the Army, Navy, or Air Force who at any

time before the effective date of the amendments made by this Act

[see Effective Date of 1980 Amendment note set out above] was

entitled to special pay under section 302 of title 37, United

States Code, and any officer who after such effective date would

have become entitled to special pay under such section (as in

effect on the day before such effective date) had such section

continued in effect, shall be paid basic pay and special pay under

section 302 of such title (as in effect on and after the effective

date of the amendments made by this Act) in a total amount not less

than the total amount of the basic pay (as in effect on the day

before such date) and special pay applicable (or which would have

been applicable) to such officer under sections 302, 311, and 313

of such title (as in effect on the day before such date and

computed on the rates of basic pay as in effect on the day before

such date)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 301d, 302f, 303a, 303b of

this title; title 25 section 1616i.

-End-

-CITE-

37 USC Sec. 302a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302a. Special pay: optometrists

-STATUTE-

(a) Regular Special Pay. - Each of the following officers is

entitled to special pay at the rate of $100 a month for each month

of active duty:

(1) A commissioned officer -

(A) of the Regular Army, Regular Navy, or Regular Air Force

who is designated as an optometry officer; or

(B) who is an optometry officer of the Regular Corps of the

Public Health Service.

(2) A commissioned officer -

(A) of a Reserve component of the Army, Navy, or Air Force

who is designated as an optometry officer; or

(B) who is an optometry officer of the Reserve Corps of the

Public Health Service,

who is on active duty as a result of a call or order to active

duty for a period of at least one year.

(3) A general officer of the Army or the Air Force appointed,

from any of the categories named in clause (1) or (2), in the

Army, Air Force, or the National Guard, as the case may be.

(b) Retention Special Pay. - (1) Under regulations prescribed

under section 303a(a) of this title, the Secretary concerned may

pay an officer described in paragraph (2) a retention special pay

of not more than $15,000 for any twelve-month period during which

the officer is not undergoing an internship or initial residency

training.

(2) An officer referred to in paragraph (1) is an officer of a

uniformed service who -

(A) is entitled to special pay under subsection (a);

(B) has completed any initial active-duty service commitment

incurred for education and training; and

(C) is determined by the Secretary concerned to be qualified as

an optometrist.

(3) An officer may not be paid retention special pay under

paragraph (1) for any twelve-month period unless the officer first

executes a written agreement under which the officer agrees to

remain on active duty for a period of not less than one year

beginning on the date the officer accepts the award of such special

pay.

(4) The Secretary concerned may terminate at any time the

eligibility of an officer to receive retention special pay under

paragraph (1). If such eligibility is terminated, the officer

concerned shall receive such special pay only for the part of the

period of active duty that the officer served and may be required

to refund any amount in excess of that amount.

-SOURCE-

(Added Pub. L. 92-129, title II, Sec. 202(a), Sept. 28, 1971, 85

Stat. 357; amended Pub. L. 93-64, title II, Sec. 202, July 9, 1973,

87 Stat. 149; Pub. L. 95-114, Sec. 2, Sept. 30, 1977, 91 Stat.

1046; Pub. L. 95-485, title VIII, Sec. 801(b), Oct. 20, 1978, 92

Stat. 1619; Pub. L. 96-284, Sec. 4(a), June 28, 1980, 94 Stat. 591;

Pub. L. 100-26, Sec. 8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L.

101-510, div. A, title VI, Sec. 617(a), Nov. 5, 1990, 104 Stat.

1578; Pub. L. 104-201, div. A, title VI, Sec. 614(a), Sept. 23,

1996, 110 Stat. 2544; Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 626(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153; Pub. L.

107-314, div. A, title VI, Sec. 615(d), Dec. 2, 2002, 116 Stat.

2568.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-314 substituted "$15,000" for

"$6,000".

2000 - Subsec. (b)(1). Pub. L. 106-398 substituted "the Secretary

concerned may pay an officer described in paragraph (2) a" for "an

officer described in paragraph (2) may be paid".

1996 - Subsec. (b)(2). Pub. L. 104-201, Sec. 614(a)(1)(A),

substituted "a uniformed service" for "an armed force" in

introductory provisions.

Subsec. (b)(2)(C). Pub. L. 104-201, Sec. 614(a)(1)(B), struck out

"of the military department" before "concerned to be".

Subsec. (b)(4). Pub. L. 104-201, Sec. 614(a)(2), struck out "of

the military department" before "concerned may terminate".

1990 - Pub. L. 101-510 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

1987 - Pub. L. 100-26 substituted "A" for "a" at beginning of

pars. (1) to (3), "; or" for ", or" at end of par. (1)(A), period

for semicolon at end of par. (1)(B), and period for "; and" at end

of par. (2).

1980 - Pub. L. 96-284 substituted "Each" for "(a) In addition to

any other basic pay, special pay, incentive pay or allowance to

which he is entitled, each", struck out "beginning on or after

October 1, 1977" after "active duty", struck out subsec. (b) which

prohibited inclusion of active duty monthly special pay in

computation of amount of increase in pay authorized in any other

provision of this title or in computation of retired pay or

severance pay, and struck out subsec. (c) which provided that no

special pay be paid for any month after September 1980.

1978 - Subsec. (c). Pub. L. 95-485 substituted "September 1980"

for "September 1978".

1977 - Subsec. (a). Pub. L. 95-114 amended subsec. (a) to provide

for the reinstatement of special pay provisions for optometrists

for each month on active duty beginning on or after Oct. 1, 1977.

Subsecs. (b), (c). Pub. L. 95-114 reenacted subsec. (b) without

change and added subsec. (c).

1973 - Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for

"July 1, 1973" wherever appearing.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 4 of Pub. L. 95-114 provided that: "The amendments made

by sections 2 and 3 of this Act [amending this section and section

303 of this title] become effective on October 1, 1977."

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-64 effective July 1, 1973, see section

206 of Pub. L. 93-64, set out as a note under section 401 of this

title.

EFFECTIVE DATE

Section 209 of title II of Pub. L. 92-129 provided that: "The

foregoing provisions of this title [enacting this section and

section 428 of this title and amending sections 203 and 403 of this

title and sections 2204 and 2207 of Title 50, Appendix, War and

National Defense] shall become effective on October 1, 1971, except

that section 203 [enacting section 308a of this title] shall become

effective on such date as shall be prescribed by the Secretary of

Defense, but not earlier than February 1, 1971, and section 206

[amending section 2203 of Title 50, Appendix] shall become

effective July 1, 1971."

APPLICATION OF INCREASE

In case of amendment by section 615 of Pub. L. 107-314 to

increase maximum amount of special pay or bonus that may be paid

during any 12-month period, the amended limitation is applicable to

12-month periods beginning after Sept. 30, 2002, see section 615(i)

of Pub. L. 107-314, set out as a note under section 301d of this

title.

IMPLEMENTATION OF SUBSECTION (B)

Pub. L. 101-510, div. A, title VI, Sec. 617(b), Nov. 5, 1990, 104

Stat. 1579, provided that the Secretary of Defense could not

implement subsec. (b) of this section, unless the Secretary

submitted to the Committees on Armed Services of the Senate and

House of Representatives a report justifying the need of the

military departments for the authority provided in such subsection

and describing the manner in which that authority would be

implemented, prior to repeal by Pub. L. 106-398, Sec. 1 [[div. A],

title VI, Sec. 626(a)(2)], Oct. 30, 2000, 114 Stat. 1654,

1654A-153.

PAY CONTINUATION

Enactment of this section not to reduce the pay to which any

member of the uniformed services was entitled on June 30, 1971, see

section 210 of Pub. L. 92-129, set out as a note under section 203

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302f, 303a, 306 of this

title.

-End-

-CITE-

37 USC Sec. 302b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302b. Special pay: dental officers of the armed forces

-STATUTE-

(a) Variable, Additional, and Board Certification Special Pay. -

(1) An officer who -

(A) is an officer of the Dental Corps of the Army or the Navy

or an officer of the Air Force designated as a dental officer;

and

(B) is on active duty under a call or order to active duty for

a period of not less than one year,

is entitled to special pay in accordance with this subsection.

(2) An officer described in paragraph (1) who is serving in a pay

grade below pay grade O-7 is entitled to variable special pay at

the following rates:

(A) $3,000 per year, if the officer is undergoing dental

internship training or has less than three years of creditable

service.

(B) $7,000 per year, if the officer has at least three but less

than six years of creditable service and is not undergoing dental

internship training.

(C) $7,000 per year, if the officer has at least six but less

than eight years of creditable service.

(D) $12,000 per year, if the officer has at least eight but

less than 12 years of creditable service.

(E) $10,000 per year, if the officer has at least 12 but less

than 14 years of creditable service.

(F) $9,000 per year, if the officer has at least 14 but less

than 18 years of creditable service.

(G) $8,000 per year, if the officer has 18 or more years of

creditable service.

(3) An officer described in paragraph (1) who is serving in a pay

grade above pay grade O-6 is entitled to variable special pay at

the rate of $7,000 per year.

(4) Subject to subsection (b), an officer entitled to variable

special pay under paragraph (2) or (3) is entitled to additional

special pay for any 12-month period during which the officer is not

undergoing dental internship or residency training. Such additional

special pay shall be paid at the following rates:

(A) $4,000 per year, if the officer has less than three years

of creditable service.

(B) $6,000 per year, if the officer has at least three but less

than 10 years of creditable service.

(C) $15,000 per year, if the officer has 10 or more years of

creditable service.

(5) An officer who is entitled to variable special pay under

paragraph (2) or (3) and who is board certified is entitled to

additional special pay at the following rates:

(A) $2,500 per year, if the officer has less than 10 years of

creditable service.

(B) $3,500 per year, if the officer has at least 10 but less

than 12 years of creditable service.

(C) $4,000 per year, if the officer has at least 12 but less

than 14 years of creditable service.

(D) $5,000 per year, if the officer has at least 14 but less

than 18 years of creditable service.

(E) $6,000 per year, if the officer has 18 or more years of

creditable service.

(b) Active-Duty Agreement. - (1) An officer may not be paid

additional special pay under subsection (a)(4) for any 12-month

period unless the officer first executes a written agreement under

which the officer agrees to remain on active duty for a period of

not less than one year beginning on the date the officer accepts

the award of such special pay.

(2) Under regulations prescribed by the Secretary of Defense

under section 303a(a) of this title, the Secretary of the military

department concerned may terminate at any time an officer's

entitlement to the special pay authorized by subsection (a)(4). If

such entitlement is terminated, the officer concerned is entitled

to be paid such special pay only for the part of the period on

active duty that the officer served, and the officer may be

required to refund any amount in excess of that entitlement.

(c) Regulations. - Regulations prescribed by the Secretary of

Defense under section 303a(a) of this title shall include standards

for determining -

(1) whether an officer is undergoing internship or residency

training for purposes of subsections (a)(2)(A), (a)(2)(B), and

(a)(4); and

(2) whether an officer is board certified for purposes of

subsection (a)(5).

(d) Frequency of Payments. - Special pay payable to an officer

under paragraphs (2), (3), and (5) of subsection (a) shall be paid

monthly. Special pay payable to an officer under subsection (a)(4)

shall be paid annually at the beginning of the 12-month period for

which the officer is entitled to such payment.

(e) Refund for Period of Unserved Obligated Service. - An officer

who voluntarily terminates service on active duty before the end of

the period for which a payment was made to such officer under

subsection (a)(4) shall refund to the United States an amount which

bears the same ratio to the amount paid to such officer as the

unserved part of such period bears to the total period for which

the payment was made.

(f) Effect of Discharge in Bankruptcy. - A discharge in

bankruptcy under title 11 shall not release a person from an

obligation to reimburse the United States required under the terms

of an agreement described in subsection (b) if the final decree of

the discharge in bankruptcy was issued within a period of five

years after the last day of a period which such person had agreed

to serve on active duty. This subsection applies to a discharge in

bankruptcy in any proceeding which begins after September 30, 1985.

(g) Determination of Creditable Service. - For purposes of this

section, creditable service of an officer is computed by adding -

(1) all periods which the officer spent in dental internship or

residency training during which the officer was not on active

duty; and

(2) all periods of active service in the Dental Corps of the

Army or Navy, as an officer of the Air Force designated as a

dental officer, or as a dental officer of the Public Health

Service.

(h) Reserve Dental Officers Special Pay. - (1) A reserve dental

officer described in paragraph (2) is entitled to special pay at

the rate of $350 a month for each month of active duty, including

active duty in the form of annual training, active duty for

training, and active duty for special work.

(2) A reserve dental officer referred to in paragraph (1) is a

reserve officer who -

(A) is an officer of the Dental Corps of the Army or the Navy

or an officer of the Air Force designated as a dental officer;

and

(B) is on active duty under a call or order to active duty for

a period of less than one year.

-SOURCE-

(Added Pub. L. 93-274, Sec. 1(2), May 6, 1974, 88 Stat. 94; amended

Pub. L. 96-284, Sec. 4(b), June 28, 1980, 94 Stat. 591; Pub. L.

99-145, title VI, Sec. 639(a), Nov. 8, 1985, 99 Stat. 649; Pub. L.

102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105

Stat. 117; Pub. L. 104-201, div. A, title VI, Sec. 615(a), (b),

(e), Sept. 23, 1996, 110 Stat. 2545, 2547; Pub. L. 105-85, div. A,

title VI, Sec. 618, Nov. 18, 1997, 111 Stat. 1789.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(2)(C) to (G). Pub. L. 105-85, Sec. 618(a),

added subpars. (C) to (G) and struck out former subpars. (C) to (F)

which read as follows:

"(C) $7,000 per year, if the officer has at least six but less

than 10 years of creditable service.

"(D) $6,000 per year, if the officer has at least 10 but less

than 14 years of creditable service.

"(E) $4,000 per year, if the officer has at least 14 but less

than 18 years of creditable service.

"(F) $3,000 per year, if the officer has 18 or more years of

creditable service."

Subsec. (a)(3). Pub. L. 105-85, Sec. 618(b), substituted "$7,000"

for "$1,000".

Subsec. (a)(4)(B) to (D). Pub. L. 105-85, Sec. 618(c), added

subpars. (B) and (C) and struck out former subpars. (B) to (D)

which read as follows:

"(B) $6,000 per year, if the officer has at least three but less

than 14 years of creditable service.

"(C) $8,000 per year, if the officer has at least 14 but less

than 18 years of creditable service.

"(D) $10,000 per year, if the officer has at least 18 or more

years of creditable service."

1996 - Subsec. (a). Pub. L. 104-201, Sec. 615(e)(1), inserted

heading.

Subsec. (a)(2). Pub. L. 104-201, Sec. 615(a)(1), substituted

"$3,000" for "$1,200" in subpar. (A), "$7,000" for "$2,000" in

subpar. (B), and "$7,000" for "$4,000" in subpar. (C).

Subsec. (a)(4). Pub. L. 104-201, Sec. 615(a)(2), added subpars.

(A) to (D) and struck out former subpars. (A) to (C) which read as

follows:

"(A) $6,000 per year, if the officer has at least three but less

than 14 years of creditable service.

"(B) $8,000 per year, if the officer has at least 14 but less

than 18 years of creditable service.

"(C) $10,000 per year, if the officer has 18 or more years of

creditable service."

Subsec. (a)(5). Pub. L. 104-201, Sec. 615(a)(3), added subpars.

(A) to (E) and struck out former subpars. (A) to (C) which read as

follows:

"(A) $2,000 per year, if the officer has less than 12 years of

creditable service.

"(B) $3,000 per year, if the officer has at least 12 but less

than 14 years of creditable service.

"(C) $4,000 per year, if the officer has 14 or more years of

creditable service."

Subsecs. (b) to (g). Pub. L. 104-201, Sec. 615(e)(2)-(7),

inserted headings.

Subsec. (h). Pub. L. 104-201, Sec. 615(b), added subsec. (h).

1991 - Pub. L. 102-25 struck out "of this section" wherever

appearing, except in subsec. (g), and struck out "of this

subsection" wherever appearing.

1985 - Pub. L. 99-145 amended section generally, substituting

"Special pay: dental officers of the armed forces" for "Special

pay: dentists" in section catchline and new text for former text

which read as follows: "An officer of the Army or Navy in the

Dental Corps, an officer of the Air Force who is designated as a

dental officer, or a dental officer of the Public Health Service,

who is on active duty for a period of at least one year is entitled

to special pay at the following rates -

"(1) $100 a month for each month of active duty if he has not

completed two years of active duty in the Dental Corps or as a

dental officer;

"(2) $150 a month for each month of active duty if he has

completed at least two years of active duty in the Dental Corps

or as a dental officer;

"(3) $250 a month for each month of active duty if he has

completed at least six years of active duty in the Dental Corps

or as a dental officer; or

"(4) $350 a month for each month of active duty if he has

completed at least ten years of active duty in the Dental Corps

or as a dental officer."

1980 - Pub. L. 96-284 struck out ", in addition to any other pay

or allowances to which he is entitled," after "entitled" and last

sentence containing prohibition against inclusion of active duty

monthly special pay in computation of amount of increase in pay

authorized in any other provision of this title or in computation

of retired pay or severance pay.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 639(f) of Pub. L. 99-145 provided that: "The amendments

made by this section [amending this section, repealing section 311

of this title, and enacting provisions set out as notes under this

section] take effect on October 1, 1985."

EFFECTIVE DATE

Section effective June 1, 1974, see section 2 of Pub. L. 93-274,

set out as an Effective Date of 1974 Amendment note under section

302 of this title.

AUTHORITY FOR CERTAIN DENTAL OFFICERS TO EXECUTE NEW AGREEMENTS

Section 639(c) of Pub. L. 99-145 provided that:

"(1) Subject to paragraphs (2) and (3), a dental officer who on

October 1, 1985, is performing obligated service under an agreement

under section 311 of title 37, United States Code, that -

"(A) was executed after June 29, 1985; and

"(B) is affected by the limitation in section 8091 of the

Department of Defense Appropriations Act, 1985 (as contained in

section 101(h) of Public Law 98-473),

may execute a new agreement under section 302b of such title (as

amended by subsection (a)).

"(2) A dental officer may not execute a new agreement under

paragraph (1) unless the amount that may be paid such officer under

an agreement under section 302b of title 37, United States Code (as

amended by subsection (a)), is greater than the amount to be paid

the officer under the existing agreement of the officer under

section 311 of such title.

"(3) In executing a written agreement under paragraph (1), the

officer shall agree to remain on active duty for an additional

length of time equal to or exceeding the length of time originally

required by the existing agreement, beginning on the date the

officer accepts the award of special pay under the new agreement.

"(4) If a new agreement is executed under this subsection, the

existing agreement of the officer shall be canceled.

"(5) For the purposes of this section, the term 'dental officer'

has the meaning given that term in section 101 of title 10, United

States Code."

MINIMUM SPECIAL PAY

Section 639(d) of Pub. L. 99-145, as amended by Pub. L. 99-661,

div. A, title XIII, Sec. 1342(c), Nov. 14, 1986, 100 Stat. 3991,

provided that:

"(1) An officer described in paragraph (2) who, after September

30, 1985, is entitled to special pay under section 302b of title

37, United States Code (as amended by subsection (a)), may

(notwithstanding the provisions of such section and in the

discretion of the Secretary concerned) be paid such pay, in order

to prevent inequities, in an annual amount equal to the total

annual amount of dental continuation pay under section 311 of title

37, United States Code, and special pay for dental officers under

section 302b of that title to which that officer would have been

entitled on September 30, 1985, in accordance with the status of

the officer (as determined by the Secretary concerned) during the

period for which the pay is paid. Notwithstanding the preceding

sentence, an officer may not be paid special pay by reason of this

paragraph in an amount greater than the amount of special pay to

which the officer was entitled under such sections on September 30,

1985.

"(2) Paragraph (1) applies to an officer who on September 30,

1985, is entitled to dental continuation pay under section 311 of

title 37, United States Code; or to special pay for dental officers

under section 302b of that title."

[Amendment of this note by Pub. L. 99-661 effective Nov. 14,

1986, see section 1342(h)(1) of Pub. L. 99-661, set out as an

Effective Date of 1986 Amendment note under section 301 of this

title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 301e, 302f, 303a, 303b,

306 of this title.

-End-

-CITE-

37 USC Sec. 302c 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302c. Special pay: psychologists and nonphysician health care

providers

-STATUTE-

(a) Public Health Service Corps. - A member who is -

(1) an officer in the Regular or Reserve Corps of the Public

Health Service and is designated as a psychologist; and

(2) has been awarded a diploma as a Diplomate in Psychology by

the American Board of Professional Psychology,

is entitled to special pay, as provided in subsection (b).

(b) Rate of Special Pay. - The rate of special pay to which an

officer is entitled pursuant to subsection (a) shall be -

(1) $2,000 per year, if the officer has less than 10 years of

creditable service;

(2) $2,500 per year, if the officer has at least 10 but less

than 12 years of creditable service;

(3) $3,000 per year, if the officer has at least 12 but less

than 14 years of creditable service;

(4) $4,000 per year, if the officer has at least 14 but less

than 18 years of creditable service; or

(5) $5,000 per year, if the officer has 18 or more years of

creditable service.

(c) Army, Navy, and Air Force Psychologists. - The Secretary of

Defense may provide special pay at the rates specified in

subsection (b) to an officer who -

(1) is an officer in the Medical Service Corps of the Army or

Navy or a biomedical sciences officer in the Air Force;

(2) is designated as a psychologist; and

(3) has been awarded a diploma as a Diplomate in Psychology by

the American Board of Professional Psychology.

(d) Nonphysician Health Care Providers. - The Secretary concerned

may authorize the payment of special pay at the rates specified in

subsection (b) to an officer who -

(1) is an officer in the Medical Services Corps of the Army or

Navy, a biomedical sciences officer in the Air Force, an officer

in the Army Medical Specialist Corps, an officer of the Nurse

Corps of the Army or Navy, an officer of the Air Force designated

as a nurse, an officer of the Coast Guard or Coast Guard Reserve

designated as a physician assistant, or an officer in the Regular

or Reserve Corps of the Public Health Service;

(2) is a health care provider (other than a psychologist);

(3) has a postbaccalaureate degree; and

(4) is certified by a professional board in the officer's

specialty.

-SOURCE-

(Added Pub. L. 100-140, Sec. 2(a), Oct. 26, 1987, 101 Stat. 830;

amended Pub. L. 101-189, div. A, title VII, Sec. 704(a), (b)(1),

(c), Nov. 29, 1989, 103 Stat. 1471; Pub. L. 101-510, div. A, title

VI, Sec. 618(a), Nov. 5, 1990, 104 Stat. 1579; Pub. L. 102-25,

title VII, Sec. 702(a)(2)(A), Apr. 6, 1991, 105 Stat. 117; Pub. L.

102-484, div. A, title VI, Sec. 611, Oct. 23, 1992, 106 Stat. 2420;

Pub. L. 104-106, div. A, title VI, Sec. 617, Feb. 10, 1996, 110

Stat. 362; Pub. L. 104-201, div. A, title VI, Sec. 614(b), Sept.

23, 1996, 110 Stat. 2544; Pub. L. 105-85, div. A, title X, Sec.

1073(c)(5), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106-398, Sec. 1

[[div. A], title VI, Sec. 627], Oct. 30, 2000, 114 Stat. 1654,

1654A-153.)

-MISC1-

PRIOR PROVISIONS

A prior section 302c, added Pub. L. 96-284, Sec. 3(a)(1), June

28, 1980, 94 Stat. 589, related to special pay for medical officers

of the Public Health Service, prior to repeal by Pub. L. 96-513,

title IV, Sec. 414(a), Dec. 12, 1980, 94 Stat. 2906, eff. Sept. 15,

1981.

AMENDMENTS

2000 - Subsec. (d)(1). Pub. L. 106-398 inserted "an officer of

the Coast Guard or Coast Guard Reserve designated as a physician

assistant," after "nurse,".

1997 - Subsec. (d)(1). Pub. L. 105-85 made technical correction

to directory language of Pub. L. 104-201, Sec. 614(b)(2)(B). See

1996 Amendment note below.

1996 - Subsec. (d). Pub. L. 104-201, Sec. 614(b)(1), substituted

"Secretary concerned" for "Secretary of Defense" in introductory

provisions.

Subsec. (d)(1). Pub. L. 104-201, Sec. 614(b)(2)(B), as amended by

Pub. L. 105-85, inserted before semicolon at end ", or an officer

in the Regular or Reserve Corps of the Public Health Service".

Pub. L. 104-201, Sec. 614(b)(2)(A), struck out "or" after "Nurse

Corps of the Army or Navy,".

Pub. L. 104-106 struck out "or" after "Air Force," and inserted

", an officer of the Nurse Corps of the Army or Navy, or an officer

of the Air Force designated as a nurse" before semicolon at end.

1992 - Subsec. (d)(1). Pub. L. 102-484 substituted "Navy," for

"Navy or" and inserted before semicolon at end ", or an officer in

the Army Medical Specialist Corps".

1991 - Pub. L. 102-25 amended section catchline generally.

1990 - Subsec. (d). Pub. L. 101-510 added subsec. (d).

1989 - Pub. L. 101-189, Sec. 704(b)(1), struck out "in the Public

Health Service Corps" after "psychologists" in section catchline.

Subsecs. (a), (b). Pub. L. 101-189, Sec. 704(c), inserted

headings.

Subsec. (c). Pub. L. 101-189, Sec. 704(a), added subsec. (c).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1073(c) of Pub. L. 105-85 provided that the amendment

made by that section is effective as of Sept. 23, 1996, and as if

included in the National Defense Authorization Act for Fiscal Year

1997, Pub. L. 104-201, as enacted.

EFFECTIVE DATE

Section 2(c) of Pub. L. 100-140 provided that: "The amendments

made by this section [enacting this section and amending section

303a of this title] shall take effect on October 1, 1987 or on the

date of the enactment of this Act [Oct. 26, 1987], whichever is

later, and shall apply with respect to pay periods beginning on or

after that effective date."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

IMPLEMENTATION OF SUBSECTION (D)

Section 618(b) of Pub. L. 101-510 provided that: "The Secretary

of Defense may not implement subsection (d) of section 302c of

title 37, United States Code (as added by subsection (a)), unless

the Secretary submits to the Committees on Armed Services of the

Senate and House of Representatives a report -

"(1) justifying the need of the military departments for the

authority provided in such subsection; and

"(2) describing the manner in which that authority will be

implemented."

[Report submitted to Committees on Apr. 29, 1994.]

IMPLEMENTATION OF SPECIAL PAY FOR ARMY, NAVY, AND AIR FORCE

PSYCHOLOGISTS

Section 704(d) of Pub. L. 101-189 provided that: "The Secretary

of Defense may not implement subsection (c) of section 302c of

title 37, United States Code (as added by subsection (a)), unless

the Secretary submits to the Committees on Armed Services of the

Senate and House of Representatives a report -

"(1) justifying the need of the military departments for the

authority provided in such subsection; and

"(2) describing the manner in which that authority will be

implemented."

[Report submitted to Committees on Apr. 20, 1994.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302f, 303, 303a, 303b of

this title.

-End-

-CITE-

37 USC Sec. 302d 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302d. Special pay: accession bonus for registered nurses

-STATUTE-

(a) Accession Bonus Authorized. - (1) A person who is a

registered nurse and who, during the period beginning on November

29, 1989, and ending on December 31, 2003, executes a written

agreement described in subsection (c) to accept a commission as an

officer and remain on active duty for a period of not less than

four years may, upon the acceptance of the agreement by the

Secretary concerned, be paid an accession bonus in an amount

determined by the Secretary concerned.

(2) The amount of an accession bonus under paragraph (1) may not

exceed $30,000.

(b) Limitation on Eligibility for Bonus. - A person may not be

paid a bonus under subsection (a) if -

(1) the person, in exchange for an agreement to accept an

appointment as an officer, received financial assistance from the

Department of Defense to pursue a baccalaureate degree; or

(2) the Secretary concerned determines that the person is not

qualified to become and remain licensed as a registered nurse.

(c) Agreement. - The agreement referred to in subsection (a)

shall provide that, consistent with the needs of the uniformed

service concerned, the person executing the agreement will be

assigned to duty, for the period of obligated service covered by

the agreement, as an officer of the Nurse Corps of the Army or

Navy, an officer of the Air Force designated as a nurse, or an

officer designated as a nurse in the commissioned corps of the

Public Health Service.

(d) Repayment. - (1) An officer who receives a payment under

subsection (a) and who fails to become and remain licensed as a

registered nurse during the period for which the payment is made

shall refund to the United States an amount equal to the full

amount of such payment.

(2) An officer who voluntarily terminates service on active duty

before the end of the period agreed to be served under subsection

(a) shall refund to the United States an amount that bears the same

ratio to the amount paid to the officer as the unserved part of

such period bears to the total period agreed to be served.

(3) An obligation to reimburse the United States imposed under

paragraph (1) or (2) is for all purposes a debt owed to the United

States.

(4) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement under this

section does not discharge the person signing such agreement from a

debt arising under such agreement or this subsection. This

paragraph applies to any case commenced under title 11 after

November 29, 1989.

-SOURCE-

(Added Pub. L. 101-189, div. A, title VII, Sec. 705(a)(1), Nov. 29,

1989, 103 Stat. 1471; amended Pub. L. 101-510, div. A, title VI,

Sec. 613(a), title XIV, Sec. 1484(d)(2), Nov. 5, 1990, 104 Stat.

1577, 1716; Pub. L. 102-484, div. A, title VI, Sec. 612(g), Oct.

23, 1992, 106 Stat. 2421; Pub. L. 103-160, div. A, title VI, Sec.

611(b), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103-337, div. A,

title VI, Sec. 612(b), Oct. 5, 1994, 108 Stat. 2783; Pub. L.

104-106, div. A, title VI, Sec. 612(b), Feb. 10, 1996, 110 Stat.

359; Pub. L. 104-201, div. A, title VI, Sec. 612(b), Sept. 23,

1996, 110 Stat. 2543; Pub. L. 105-85, div. A, title VI, Sec.

612(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105-261, div. A,

title VI, Sec. 612(b), Oct. 17, 1998, 112 Stat. 2039; Pub. L.

106-65, div. A, title VI, Sec. 612(b), Oct. 5, 1999, 113 Stat. 650;

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 622(b)], Oct. 30,

2000, 114 Stat. 1654, 1654A-151; Pub. L. 107-107, div. A, title VI,

Sec. 612(b), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107-314, div.

A, title VI, Secs. 612(c), 615(e), Dec. 2, 2002, 116 Stat. 2567,

2568.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314, Sec. 612(c), substituted

"December 31, 2003" for "December 31, 2002".

Subsec. (a)(2). Pub. L. 107-314, Sec. 615(e), substituted

"$30,000" for "$5,000".

2001 - Subsec. (a)(1). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (a)(1). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a)(1). Pub. L. 106-65 substituted "December 31,

2000" for "December 31, 1999".

1998 - Subsec. (a)(1). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (a)(1). Pub. L. 105-85 substituted "September 30,

1999" for "September 30, 1998".

1996 - Subsec. (a)(1). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (a)(1). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (a)(1). Pub. L. 103-160 substituted "September 30,

1995" for "September 30, 1993".

1992 - Subsec. (a). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1990 - Subsec. (a)(1). Pub. L. 101-510, Secs. 613(a),

1484(d)(2)(A), substituted "November 29, 1989," for "the date of

the enactment of the National Defense Authorization Act for Fiscal

Years 1990 and 1991" and "September 30, 1992" for "September 30,

1991".

Subsec. (d)(4). Pub. L. 101-510, Sec. 1484(d)(2)(B), substituted

"November 29, 1989" for "the date of the enactment of the National

Defense Authorization Act for Fiscal Years 1990 and 1991".

APPLICATION OF INCREASE

In case of amendment by section 615 of Pub. L. 107-314 to

increase maximum amount of special pay or bonus that may be paid

during any 12-month period, the amended limitation is applicable to

12-month periods beginning after Sept. 30, 2002, see section 615(i)

of Pub. L. 107-314, set out as a note under section 301d of this

title.

COVERAGE OF PERIOD OF LAPSED AUTHORITY

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1993, to Nov. 30, 1993, for payment of accession bonus

authorized under this section, see section 611(d) of Pub. L.

103-160, set out as a note under section 2130a of Title 10, Armed

Forces.

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or

other special pay under this section, see section 612(j)(2) of Pub.

L. 102-484, set out as a note under section 301b of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303a, 324 of this title.

-End-

-CITE-

37 USC Sec. 302e 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302e. Special pay: nurse anesthetists

-STATUTE-

(a) Special Pay Authorized. - (1) An officer described in

subsection (b)(1) who, during the period beginning on November 29,

1989, and ending on December 31, 2003, executes a written agreement

to remain on active duty for a period of one year or more may, upon

the acceptance of the agreement by the Secretary concerned, be paid

incentive special pay in an amount not to exceed $50,000 for any

12-month period.

(2) The Secretary concerned shall determine the amount of

incentive special pay to be paid to an officer under paragraph (1).

In determining that amount, the Secretary concerned shall consider

the period of obligated service provided for in the agreement under

that paragraph.

(b) Covered Officers. - (1) An officer referred to in subsection

(a) is an officer of a uniformed service who -

(A) is an officer of the Nurse Corps of the Army or Navy, an

officer of the Air Force designated as a nurse, or an officer

designated as a nurse in the commissioned corps of the Public

Health Service;

(B) is a qualified certified registered nurse anesthetist; and

(C) is on active duty under a call or order to active duty for

a period of not less than one year.

(2) The Secretary of Defense may extend the special pay

authorized under subsection (a) to officers of the armed forces who

serve in a nursing specialty (other than as nurse anesthetists)

that -

(A) is designated by the Secretary of the military department

concerned as critical to meet requirements (whether such

specialty is designated as critical to meet wartime or peacetime

requirements); and

(B) requires postbaccalaureate education and training.

(c) Termination of Agreement. - Under regulations prescribed by

the Secretary of Defense, with respect to the Army, Navy, and Air

Force, and the Secretary of Health and Human Services, with respect

to the Public Health Service, the Secretary concerned may terminate

an agreement entered into under subsection (a). Upon termination of

an agreement, the entitlement of the officer to special pay under

this section and the agreed upon commitment to active duty of the

officer shall end. The officer may be required to refund that part

of the special pay corresponding to the unserved period of active

duty.

(d) Payment. - Special pay payable to an officer under subsection

(a) shall be paid annually at the beginning of the 12-month period

for which the officer is to receive that payment.

(e) Repayment. - (1) An officer who voluntarily terminates

service on active duty before the end of the period agreed to be

served under subsection (a) shall refund to the United States an

amount that bears the same ratio to the amount paid to the officer

as the unserved part of such period bears to the total period

agreed to be served.

(2) An obligation to reimburse the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement under this

section does not discharge the person signing such agreement from a

debt arising under such agreement or this subsection. This

paragraph applies to any case commenced under title 11 after

November 29, 1989.

-SOURCE-

(Added Pub. L. 101-189, div. A, title VII, Sec. 706(a)(1), Nov. 29,

1989, 103 Stat. 1472; amended Pub. L. 101-510, div. A, title VI,

Secs. 613(b), 614(a), (b), 618(c)(1), title XIV, Sec. 1484(d)(3),

Nov. 5, 1990, 104 Stat. 1577, 1578, 1579, 1716; Pub. L. 102-25,

title VII, Sec. 702(a)(2)(B), (b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 102-484, div. A, title VI, Sec. 612(i), Oct. 23, 1992,

106 Stat. 2421; Pub. L. 103-160, div. A, title VI, Sec. 611(c),

Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103-337, div. A, title VI,

Sec. 612(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106, div. A,

title VI, Sec. 612(c), Feb. 10, 1996, 110 Stat. 359; Pub. L.

104-201, div. A, title VI, Sec. 612(c), Sept. 23, 1996, 110 Stat.

2543; Pub. L. 105-85, div. A, title VI, Sec. 612(c), Nov. 18, 1997,

111 Stat. 1786; Pub. L. 105-261, div. A, title VI, Sec. 612(c),

Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65, div. A, title VI,

Sec. 612(c), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106-398, Sec. 1

[[div. A], title VI, Secs. 622(c), 626(b)(1)], Oct. 30, 2000, 114

Stat. 1654, 1654A-151, 1654A-153; Pub. L. 107-107, div. A, title

VI, Sec. 612(c), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107-314,

div. A, title VI, Secs. 612(d), 615(f), Dec. 2, 2002, 116 Stat.

2567, 2569.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314, Sec. 615(f), substituted

"$50,000" for "$15,000".

Pub. L. 107-314, Sec. 612(d), substituted "December 31, 2003" for

"December 31, 2002".

2001 - Subsec. (a)(1). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (a)(1). Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 622(c)], substituted "December 31, 2001" for "December 31,

2000".

Subsec. (b)(2)(A). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 626(b)(1)], substituted "the Secretary of the military

department concerned" for "the Secretary".

1999 - Subsec. (a)(1). Pub. L. 106-65 substituted "December 31,

2000" for "December 31, 1999".

1998 - Subsec. (a)(1). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (a)(1). Pub. L. 105-85 substituted "September 30,

1999" for "September 30, 1998".

1996 - Subsec. (a)(1). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (a)(1). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995" and "$15,000" for "$6,000".

1993 - Subsec. (a)(1). Pub. L. 103-160 substituted "September 30,

1995" for "September 30, 1993".

1992 - Subsec. (a)(1). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1991 - Pub. L. 102-25, Sec. 702(a)(2)(B), amended section

catchline generally.

Subsec. (d). Pub. L. 102-25, Sec. 702(b)(1), (c), struck out "of

this section" after "subsection (a)".

1990 - Pub. L. 101-510, Sec. 618(c)(1), directed that section

catchline be amended to read "Sec. 302c. Special pay: psychologists

and nonphysician health care providers".

Subsec. (a)(1). Pub. L. 101-510, Sec. 1484(d)(3)(A), substituted

"November 29, 1989," for "the date of the enactment of the National

Defense Authorization Act for Fiscal Years 1990 and 1991".

Pub. L. 101-510, Sec. 614(b), substituted "subsection (b)(1)" for

"subsection (b)".

Pub. L. 101-510, Sec. 613(b), substituted "September 30, 1992,"

for "September 30, 1991,".

Subsec. (b). Pub. L. 101-510, Sec. 614(a), designated existing

provisions as par. (1), redesignated former pars. (1) to (3) as

subpars. (A) to (C), respectively, and added par. (2).

Subsec. (e)(3). Pub. L. 101-510, Sec. 1484(d)(3)(B), substituted

"November 29, 1989" for "the date of the enactment of the National

Defense Authorization Act for Fiscal Years 1990 and 1991".

APPLICATION OF INCREASE

In case of amendment by section 615 of Pub. L. 107-314 to

increase maximum amount of special pay or bonus that may be paid

during any 12-month period, the amended limitation is applicable to

12-month periods beginning after Sept. 30, 2002, see section 615(i)

of Pub. L. 107-314, set out as a note under section 301d of this

title.

COVERAGE OF PERIOD OF LAPSED AUTHORITY

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1993, to Nov. 30, 1993, for payment of special pay

authorized under this section, see section 611(d) of Pub. L.

103-160, set out as a note under section 2130a of Title 10, Armed

Forces.

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or

other special pay under this section, see section 612(j)(2) of Pub.

L. 102-484, set out as a note under section 301b of this title.

IMPLEMENTATION OF SUBSECTION (B)(2)

Pub. L. 101-510, div. A, title VI, Sec. 614(c), Nov. 5, 1990, 104

Stat. 1578, provided that the Secretary of Defense could not

implement subsec. (b)(2) of this section, unless the Secretary

submitted to the Committees on Armed Services of the Senate and

House of Representatives a report justifying the need of the

departments for the authority provided in such subsection and

describing the manner in which that authority would be implemented,

prior to repeal by Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 626(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302f, 303a of this title.

-End-

-CITE-

37 USC Sec. 302f 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302f. Special pay: reserve, recalled, or retained health care

officers

-STATUTE-

(a) Eligible for Special Pay. - A health care officer described

in subsection (b) shall be eligible for special pay under section

302, 302a, 302b, 302c, 302e, or 303 of this title (whichever

applies) notwithstanding any requirement in those sections that -

(1) the call or order of the officer to active duty be for a

period of not less than one year; or

(2) the officer execute a written agreement to remain on active

duty for a period of not less than one year.

(b) Health Care Officers Described. - A health care officer

referred to in subsection (a) is an officer of the armed forces who

is otherwise eligible for special pay under section 302, 302a,

302b, 302c, 302e, or 303 of this title and who -

(1) is a reserve officer on active duty (other than for

training) under a call or order to active duty for a period of

more than 30 days but less than one year;

(2) is involuntarily retained on active duty under section

12305 of title 10, or is recalled to active duty under section

688 of title 10 for a period of more than 30 days; or

(3) voluntarily agrees to remain on active duty for a period of

less than one year at a time when -

(A) officers are involuntarily retained on active duty under

section 12305 of title 10; or

(B) the Secretary of Defense determines (pursuant to

regulations prescribed by the Secretary) that special

circumstances justify the payment of special pay under this

section.

(c) Monthly Payments. - Payment of special pay pursuant to this

section may be made on a monthly basis. The officer shall refund

any amount received under this section in excess of the amount that

corresponds to the actual period of active duty served by the

officer.

(d) Special Rule for Reserve Medical and Dental Officers. - While

a reserve medical or dental officer receives a special pay under

section 302 or 302b of this title by reason of subsection (a), the

officer shall not be entitled to special pay under section 302(h)

or 302b(h) of this title.

-SOURCE-

(Added Pub. L. 102-190, div. A, title VI, Sec. 634(a), Dec. 5,

1991, 105 Stat. 1381; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(d)(4)(A), Feb. 10, 1996, 110 Stat. 500; Pub. L. 106-398,

Sec. 1 [[div. A], title VI, Sec. 625(b)], Oct. 30, 2000, 114 Stat.

1654, 1654A-153.)

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-398 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

"While a reserve medical officer receives a special pay under

section 302 of this title by reason of subsection (a), the officer

shall not be entitled to special pay under subsection (h) of that

section."

1996 - Subsec. (b)(2), (3)(A). Pub. L. 104-106 substituted

"section 12305 of title 10" for "section 673c of title 10".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

ACTIVE DUTY IN CONNECTION WITH OPERATION DESERT STORM

Pub. L. 102-25, title III, Sec. 304, Apr. 25, 1991, 105 Stat. 81,

as amended by Pub. L. 102-190, div. A, title VI, Sec. 656, Dec. 5,

1991, 105 Stat. 1393, provided that:

"(a) Eligible for Special Pay. - A health care officer described

in subsection (b) shall be eligible for special pay under section

302, 302a, 302b, 302e, or 303 of title 37, United States Code

(whichever applies), notwithstanding any requirement in those

sections that -

"(1) the call or order of the officer to active duty be for a

period of not less than one year; or

"(2) the officer execute a written agreement to remain on

active duty for a period of not less than one year.

"(b) Health Care Officers Described. - A health care officer

referred to in subsection (a) is an officer of the Armed Forces who

is otherwise eligible for special pay under section 302, 302a,

302b, 302e, or 303 of title 37, United States Code, and who -

"(1) is a reserve officer on active duty under a call or order

to active duty for a period of less than one year in connection

with Operation Desert Storm;

"(2) is involuntarily retained on active duty under section

673c [now 12305] of title 10, United States Code, or is recalled

to active duty under section 688 of that title, in connection

with Operation Desert Storm; or

"(3) voluntarily agrees to remain on active duty for a period

of less than one year in connection with Operation Desert Storm.

"(c) Monthly Payments. - Payment of special pay pursuant to this

section may be made on a monthly basis. If the service on active

duty of an officer described in subsection (b) is terminated before

the end of the period for which a payment is made to the officer

under subsection (a), the officer is entitled to special pay under

section 302, 302a, 302b, 302e, or 303 of title 37, United States

Code (whichever applies), only for the portion of that period that

the officer actually served on active duty. The officer shall

refund any amount received in excess of the amount that corresponds

to the period of active duty of the officer.

"(d) Special Rule for Reserve Medical Officer. - While a reserve

medical officer receives a special pay under section 302 of title

37, United States Code, by operation of subsection (a), the officer

shall not be entitled to special pay under subsection (h) of that

section.

"(e) Period of Applicability. - Subsection (a) shall apply during

the period beginning on August 1, 1990, and ending on the first day

of the first month beginning on or after the date 180 days after

the end of the Persian Gulf conflict."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303a of this title.

-End-

-CITE-

37 USC Sec. 302g 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302g. Special pay: Selected Reserve health care professionals

in critically short wartime specialties

-STATUTE-

(a) Special Pay Authorized. - An officer of a reserve component

of the armed forces described in subsection (b) who executes a

written agreement under which the officer agrees to serve in the

Selected Reserve of an armed force for a period of not less than

one year nor more than three years, beginning on the date the

officer accepts the award of special pay under this section, may be

paid special pay at an annual rate not to exceed $10,000.

(b) Eligible Officers. - An officer referred to in subsection (a)

is an officer in a health care profession who is qualified in a

specialty designated by regulations as a critically short wartime

specialty.

(c) Time for Payment. - Special pay under this section shall be

paid annually at the beginning of each twelve-month period for

which the officer has agreed to serve.

(d) Refund Requirement. - An officer who voluntarily terminates

service in the Selected Reserve of an armed force before the end of

the period for which a payment was made to such officer under this

section shall refund to the United States the full amount of the

payment made for the period on which the payment was based.

(e) Inapplicability of Discharge in Bankruptcy. - A discharge in

bankruptcy under title 11 that is entered less than five years

after the termination of an agreement under this section does not

discharge the person receiving special pay under the agreement from

the debt arising under the agreement.

(f) Termination of Agreement Authority. - No agreement under this

section may be entered into after December 31, 2003.

-SOURCE-

(Added Pub. L. 104-106, div. A, title VI, Sec. 614(a)(1), Feb. 10,

1996, 110 Stat. 360; amended Pub. L. 104-201, div. A, title VI,

Sec. 611(a), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105-85, div.

A, title VI, Sec. 611(a), Nov. 18, 1997, 111 Stat. 1785; Pub. L.

105-261, div. A, title VI, Sec. 611(a), Oct. 17, 1998, 112 Stat.

2038; Pub. L. 106-65, div. A, title VI, Sec. 611(a), Oct. 5, 1999,

113 Stat. 649; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

621(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151; Pub. L. 107-107,

div. A, title VI, Sec. 611(a), Dec. 28, 2001, 115 Stat. 1135; Pub.

L. 107-314, div. A, title VI, Sec. 612(e), Dec. 2, 2002, 116 Stat.

2567.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 100-456, div. A, title VI, Sec. 613, Sept. 29, 1988, 102

Stat. 1981, as amended, which was set out as a note under section

302 of this title, prior to repeal by Pub. L. 104-106, Sec.

614(c)(1).

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-314 substituted "December 31,

2003" for "December 31, 2002".

2001 - Subsec. (f). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (f). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (f). Pub. L. 106-65 substituted "December 31,

2000" for "December 31, 1999".

1998 - Subsec. (f). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (f). Pub. L. 105-85 substituted "September 30,

1999" for "September 30, 1998".

1996 - Subsec. (f). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303a of this title.

-End-

-CITE-

37 USC Sec. 302h 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302h. Special pay: accession bonus for dental officers

-STATUTE-

(a) Accession Bonus Authorized. - (1) A person who is a graduate

of an accredited dental school and who, during the period beginning

on September 23, 1996, and ending on December 31, 2003, executes a

written agreement described in subsection (c) to accept a

commission as an officer of the armed forces and remain on active

duty for a period of not less than four years may, upon the

acceptance of the agreement by the Secretary concerned, be paid an

accession bonus in an amount determined by the Secretary concerned.

(2) The amount of an accession bonus under paragraph (1) may not

exceed $30,000.

(b) Limitation on Eligibility for Bonus. - A person may not be

paid a bonus under subsection (a) if -

(1) the person, in exchange for an agreement to accept an

appointment as an officer, received financial assistance from the

Department of Defense to pursue a course of study in dentistry;

or

(2) the Secretary concerned determines that the person is not

qualified to become and remain certified and licensed as a

dentist.

(c) Agreement. - The agreement referred to in subsection (a)

shall provide that, consistent with the needs of the armed service

concerned, the person executing the agreement will be assigned to

duty, for the period of obligated service covered by the agreement,

as an officer of the Dental Corps of the Army or the Navy or an

officer of the Air Force designated as a dental officer.

(d) Repayment. - (1) An officer who receives a payment under

subsection (a) and who fails to become and remain certified or

licensed as a dentist during the period for which the payment is

made shall refund to the United States an amount equal to the full

amount of such payment.

(2) An officer who voluntarily terminates service on active duty

before the end of the period agreed to be served under subsection

(a) shall refund to the United States an amount that bears the same

ratio to the amount paid to the officer as the unserved part of

such period bears to the total period agreed to be served.

(3) An obligation to reimburse the United States imposed under

paragraph (1) or (2) is for all purposes a debt owed to the United

States.

(4) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement under this

section does not discharge the person signing such agreement from a

debt arising under such agreement or this subsection. This

paragraph applies to any case commenced under title 11 after the

date of the enactment of this section.

-SOURCE-

(Added Pub. L. 104-201, div. A, title VI, Sec. 615(c)(1), Sept. 23,

1996, 110 Stat. 2545; amended Pub. L. 107-107, div. A, title VI,

Sec. 618, Dec. 28, 2001, 115 Stat. 1137; Pub. L. 107-314, div. A,

title VI, Sec. 612(f), Dec. 2, 2002, 116 Stat. 2568.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(d)(4), is the date of enactment of Pub. L. 104-201, which was

approved Sept. 23, 1996.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314 substituted "December 31,

2003" for "December 31, 2002".

2001 - Subsec. (a)(1). Pub. L. 107-107 substituted "September 23,

1996, and ending on December 31, 2002" for "the date of the

enactment of this section, and ending on September 30, 2002".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303a, 324 of this title.

-End-

-CITE-

37 USC Sec. 302i 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302i. Special pay: pharmacy officers

-STATUTE-

(a) Army, Navy, and Air Force Pharmacy Officers. - Under

regulations prescribed pursuant to section 303a of this title, the

Secretary of the military department concerned may, subject to

subsection (c), pay retention special pay under this section to an

officer who -

(1) is a pharmacy officer in the Medical Service Corps of the

Army or Navy or the Biomedical Sciences Corps of the Air Force;

and

(2) is on active duty under a call or order to active duty for

a period of not less than one year.

(b) Public Health Service Corps. - Subject to subsection (c), the

Secretary of Health and Human Services may pay retention special

pay under this section to an officer who -

(1) is an officer in the Regular or Reserve Corps of the Public

Health Service and is designated as a pharmacy officer; and

(2) is on active duty under a call or order to active duty for

a period of not less than one year.

(c) Limitation on Eligibility for Special Pay. - Special pay may

not be paid under this section to an officer serving in a pay grade

above pay grade O-6.

(d) Limitation on Amount of Special Pay. - The amount of

retention special pay paid to an officer under this section may not

exceed $15,000 for any 12-month period.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 628(a)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-154; amended Pub. L. 107-314,

div. A, title VI, Sec. 615(g), Dec. 2, 2002, 116 Stat. 2569.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (b). Pub. L. 107-314, Sec. 615(g)(1),

substituted "retention special pay under this section" for "special

pay at the rates specified in subsection (d)".

Subsec. (c). Pub. L. 107-314, Sec. 615(g)(2), inserted "on

Eligibility for Special Pay" after "Limitation" in heading.

Subsec. (d). Pub. L. 107-314, Sec. 615(g)(3), added subsec. (d)

and struck out heading and text of former subsec. (d). Text read as

follows: "The rate of special pay paid to an officer under

subsection (a) or (b) is as follows:

"(1) $3,000 per year, if the officer is undergoing pharmacy

internship training or has less than 3 years of creditable

service.

"(2) $7,000 per year, if the officer has at least 3 but less

than 6 years of creditable service and is not undergoing pharmacy

internship training.

"(3) $7,000 per year, if the officer has at least 6 but less

than 8 years of creditable service.

"(4) $12,000 per year, if the officer has at least 8 but less

than 12 years of creditable service.

"(5) $10,000 per year, if the officer has at least 12 but less

than 14 years of creditable service.

"(6) $9,000 per year, if the officer has at least 14 but less

than 18 years of creditable service.

"(7) $8,000 per year, if the officer has 18 or more years of

creditable service."

APPLICATION OF INCREASE

In case of amendment by section 615 of Pub. L. 107-314 to

increase maximum amount of special pay or bonus that may be paid

during any 12-month period, the amended limitation is applicable to

12-month periods beginning after Sept. 30, 2002, see section 615(i)

of Pub. L. 107-314, set out as a note under section 301d of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303a of this title.

-End-

-CITE-

37 USC Sec. 302j 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 302j. Special pay: accession bonus for pharmacy officers

-STATUTE-

(a) Accession Bonus Authorized. - A person who is a graduate of

an accredited pharmacy school and who, during the period beginning

on the date of the enactment of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 and ending on

September 30, 2004, executes a written agreement described in

subsection (d) to accept a commission as an officer of a uniformed

service and remain on active duty for a period of not less than 4

years may, upon acceptance of the agreement by the Secretary

concerned, be paid an accession bonus in an amount determined by

the Secretary concerned.

(b) Limitation on Amount of Bonus. - The amount of an accession

bonus under subsection (a) may not exceed $30,000.

(c) Limitation on Eligibility for Bonus. - A person may not be

paid a bonus under subsection (a) if -

(1) the person, in exchange for an agreement to accept an

appointment as a warrant or commissioned officer, received

financial assistance from the Department of Defense or the

Department of Health and Human Services to pursue a course of

study in pharmacy; or

(2) the Secretary concerned determines that the person is not

qualified to become and remain licensed as a pharmacist.

(d) Agreement. - The agreement referred to in subsection (a)

shall provide that, consistent with the needs of the uniformed

service concerned, the person executing the agreement shall be

assigned to duty, for the period of obligated service covered by

the agreement, as a pharmacy officer in the Medical Service Corps

of the Army or Navy, a biomedical sciences officer in the Air Force

designated as a pharmacy officer, or a pharmacy officer of the

Public Health Service.

(e) Repayment. - (1) An officer who receives a payment under

subsection (a) and who fails to become and remain licensed as a

pharmacist during the period for which the payment is made shall

refund to the United States an amount equal to the full amount of

such payment.

(2) An officer who voluntarily terminates service on active duty

before the end of the period agreed to be served under subsection

(a) shall refund to the United States an amount that bears the same

ratio to the amount paid to the officer as the unserved part of

such period bears to the total period agreed to be served.

(3) An obligation to reimburse the United States under paragraph

(1) or (2) is for all purposes a debt owed to the United States.

(4) A discharge in bankruptcy under title 11 that is entered less

than 5 years after the termination of an agreement under this

section does not discharge the person signing such agreement from a

debt arising under such agreement or this subsection. This

paragraph applies to any case commenced under title 11 after the

date of the enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 628(a)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-154; amended Pub. L. 107-314,

div. A, title X, Sec. 1062(c)(1), Dec. 2, 2002, 116 Stat. 2650.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001, referred to in subsecs. (a)

and (e)(4), is the date of enactment of Pub. L. 106-398, which was

approved Oct. 30, 2000.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314 substituted "subsection (d)"

for "subsection (c)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303a, 324 of this title.

-End-

-CITE-

37 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 303. Special pay: veterinarians

-STATUTE-

(a) Monthly Special Pay. - Each of the following officers is

entitled to special pay at the rate of $100 a month for each month

of active duty:

(1) A commissioned officer -

(A) of the Regular Army who is in the Veterinary Corps;

(B) of the Regular Air Force who is an officer in the

Biomedical Sciences Corps and holds a degree in veterinary

medicine; or

(C) who is a veterinary officer of the Regular Corps of the

Public Health Service.

(2) A commissioned officer -

(A) of a Reserve component of the Army who is in the

Veterinary Corps of the Army;

(B) of a reserve component of the Air Force, of the Army or

the Air Force without specification of component, or of the

National Guard, who -

(i) is designated as a veterinary officer; or

(ii) is an officer in the Biomedical Sciences Corps of the

Air Force and holds a degree in veterinary medicine; or

(C) who is a veterinary officer of the Reserve Corps of the

Public Health Service,

who is on active duty as a result of a call or order to active

duty for a period of at least one year.

(3) A general officer of the Army or the Air Force appointed,

from any of the categories named in clause (1) or (2), in the

Army, the Air Force, or the National Guard, as the case may be.

(b) Additional Special Pay for Board Certification. - A

commissioned officer entitled to special pay under subsection (a)

who has been certified as a Diplomate in a specialty recognized by

the American Veterinarian Medical Association is entitled to

special pay (in addition to the special pay under subsection (a))

at the same rate as is provided under section 302c(b) of this title

for an officer referred to in that section who has the same number

of years of creditable service as the commissioned officer.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88-2, Sec. 5,

Mar. 28, 1963, 77 Stat. 4; Pub. L. 90-40, Sec. 5, June 30, 1967, 81

Stat. 105; Pub. L. 92-129, title I, Sec. 104, Sept. 28, 1971, 85

Stat. 355; Pub. L. 93-64, title II, Sec. 203, July 9, 1973, 87

Stat. 149; Pub. L. 95-114, Sec. 3, Sept. 30, 1977, 91 Stat. 1046;

Pub. L. 95-485, title VIII, Sec. 801(b), Oct. 20, 1978, 92 Stat.

1619; Pub. L. 96-284, Sec. 4(c), June 28, 1980, 94 Stat. 591; Pub.

L. 100-26, Sec. 8(d)(3), Apr. 21, 1987, 101 Stat. 285; Pub. L.

100-180, div. A, title XII, Sec. 1232, Dec. 4, 1987, 101 Stat.

1161; Pub. L. 102-25, title VII, Sec. 702(b)(2), Apr. 6, 1991, 105

Stat. 117; Pub. L. 106-65, div. A, title VI, Sec. 616(a), Oct. 5,

1999, 113 Stat. 652; Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 629], Oct. 30, 2000, 114 Stat. 1654, 1654A-155.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

303(a) 37:234(b) (less 1st Oct. 12, 1949, ch. 681,

proviso, as applicable to Sec. 203(b) (as

veterinarians). applicable to

veterinarians), (c), 63

Stat. 809; June 25,

1952, ch. 459, Sec. 1,

66 Stat. 156; June 29,

1953, ch. 158, Sec. 8

(as applicable to

veterinarians), 67 Stat.

89; June 30, 1955, ch.

250, Sec. 203, 69 Stat.

225; Apr. 30, 1956, ch.

223, Sec. 5, 70 Stat.

122; Mar. 23, 1959, Pub.

L. 86-4, Sec. 5, 73

Stat. 13.

303(b)

37:234(c).

37:234(b) (1st proviso,

as applicable to

veterinarians).

--------------------------------------------------------------------

In subsection (a), clause (1) is substituted for section

234(c)(1), (2), and (3) of existing title 37. The words "of the

Regular Army" and "of the Regular Air Force" are inserted in

clauses (1)(A) and (B), respectively, since in contradistinction to

section 234(c)(4) of existing title 37, their source was intended

to apply only to regular officers. Clauses (2)(A) and (B) are

substituted for the enumeration of categories in section 234(c)(4)

of existing title 37 to reflect current usage and designations of

those categories. Clause (3) is substituted for section 234(c)(5)

and (6) of existing title 37. Section 234(b) (2d proviso) of

existing title 37 is omitted as obsolete. Section 234(b) (last

proviso) of existing title 37 is omitted as inapplicable to

veterinarians.

In subsection (b), the words "disability retirement pay" are

omitted as covered by the words "retired pay".

AMENDMENTS

2000 - Subsec. (a)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A],

title VI, Sec. 629(1)], substituted "who is an officer in the

Biomedical Sciences Corps and holds a degree in veterinary

medicine" for "who is designated as a veterinary officer".

Subsec. (a)(2)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 629(2)], added subpar. (B) and struck out former subpar. (B)

which read as follows: "of a Reserve component of the Air Force, of

the Army or the Air Force without specification of component, or of

the National Guard, who is designated as a veterinary officer of

the Army or the Air Force, as the case may be; or".

1999 - Pub. L. 106-65 designated existing provisions as subsec.

(a), inserted subsec. heading, and added subsec. (b).

1991 - Par. (3). Pub. L. 102-25 struck out "of this subsection"

after "clause (1) or (2)".

1987 - Pub. L. 100-180 substituted semicolon for comma at end of

par. (2)(A) and "; or" for ", or" at end of par. (2)(B).

Pub. L. 100-26 substituted "A" for "a" at beginning of pars. (1)

to (3), semicolon for comma at end of par. (1)(A), "; or" for ",

or" at end of par. (1)(B), period for semicolon at end of par.

(1)(C), and period for "; and" at end of par. (2); and directed

substitution of semicolon for comma at end of par. (1)(B) which

could not be executed because no comma appeared at end of par.

(1)(B).

1980 - Pub. L. 96-284 substituted "Each" for "(a) In addition to

any other basic pay, special pay, incentive pay or allowance to

which he is entitled, each", struck out "beginning on or after

October 1, 1977" after "active duty", struck out subsec. (b) which

prohibited inclusion of active duty monthly special pay in

computation of amount of increase in pay authorized in any other

provision of this title or in computation of retired pay or

severance pay, and struck out subsec. (c) which provided that no

special pay be paid for any month after September 1980.

1978 - Subsec. (c). Pub. L. 95-485 substituted "September 1980"

for "September 1978".

1977 - Subsec. (a). Pub. L. 95-114 amended subsec. (a) to provide

for the reinstatement of special pay provisions for veterinarians

for each month on active duty beginning on or after Oct. 1, 1977.

Subsecs. (b), (c). Pub. L. 95-114 reenacted subsec. (b) without

change and added subsec. (c).

1973 - Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for

"July 1, 1973" wherever appearing.

1971 - Subsec. (a). Pub. L. 92-129 substituted "July 1, 1973" for

"July 1, 1971" wherever appearing.

1967 - Subsec. (a). Pub. L. 90-40 substituted "July 1, 1971" for

"July 1, 1967" wherever appearing.

1963 - Subsec. (a). Pub. L. 88-2 substituted "July 1, 1967" for

"July 1, 1963" wherever appearing.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 616(b), Oct. 5, 1999, 113

Stat. 652, provided that: "The amendments made by subsection (a)

[amending this section] shall take effect on October 1, 1999, and

shall apply with respect to months beginning on and after that

date."

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-114 effective Oct. 1, 1977, see section 4

of Pub. L. 95-114, set out as a note under section 302a of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-64 effective July 1, 1973, see section

206 of Pub. L. 93-64, set out as a note under section 401 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302f, 303a, 306 of this

title.

-End-