Years of service, computation of, see section 1405 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 203, 301a, 301c, 307, 308, 421 of this title; title 10 section 2126; title 42 section 212.

§ 206. Reserves; members of National Guard: inactiveduty training

(a) Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard or a member of a reserve component of a uniformed service who is not entitled to basic pay under section 204 of this title, is entitled to compensation, at the rate of 1⁄4 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay, 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.

(b) The regulations prescribed under subsection (a) of this section for each uniformed service, the National Guard, and each of the classes of organization of the reserve components within each uniformed service, may be different. The Secretary concerned shall, for the National Guard and each of the classes of organization within each uniformed service, prescribe

(1) minimum standards that must be met before an assembly for drill or other equivalent period of training, instruction, duty, or appropriate duties may be credited for pay purposes, and those standards may require the presence for duty of officers and enlisted members in numbers equal to or more than a minimum number or percentage of the unit strength for a specified period of time with participation in a prescribed kind of training;

(2) the maximum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties, that may be counted for pay purposes in each fiscal year or in lesser periods of time; and

(3) the minimum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties that must be completed in stated periods of time before the members of units or organizations can qualify for pay.

(c) A person enlisted in the inactive National Guard is not entitled to pay under this section. (d) This section does not authorize compensation for work or study performed by a member of a reserve component in connection with correspondence courses of an armed force.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 460.)

In subsection (a), the words "National Guard" are substituted for the words "National Guard, Air National Guard", in section 301(a) of existing title 37, to conform to the definition of "National Guard" in section 101(6) of this revised title. The words "member of a reserve component of a uniformed service" are substituted for the words "National Guard of the United States, Air National Guard of the United States, Organized Reserve Corps, Naval Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve, and the Reserve Corps of the Public Health Service," since all of those organizations, or their successors, are the reserve components of the uniformed services. The words "who is not entitled to basic pay under section 204 of this title" are substituted for section 301(e) as (applicable to basic pay) of existing title 37. The words "of a corresponding grade" are inserted for clarity.

In subsection (b), the words "National Guard or reserve components" are substituted for the listing of organizations for the reasons set forth above. Reference to "classes of organization," so far as they relate to the National Guard, are omitted, since there are no classes of organization of the National Guard.

CROSS REFERENCES

Inactive-duty training defined, see section 101 of this title and section 101 of Title 10, Armed Forces. Incentive pay for hazardous duty, see section 301 of this title.

Rations in kind when instruction or duty periods total at least 8 hours in calendar day, see section 402 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 301, 301a, 301c, 402, 707, 1012 of this title; title 10 section 101; title 31 section 698a; title 32 sections 321, 715; title 38 sections 101, 2024.

§ 207. Band leaders

(a) The leader of the Army Band is entitled to the basic pay of a captain in the Army.

(b) The leader of the United States Navy Band is entitled to the basic pay of a lieutenant in the Navy.

(c) A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Band under section 6222 of title 10 is entitled, while serving thereunder, only to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less that to which he was entitled at the time of his appointment under that section. (d) The leader of the Naval Academy Band is entitled to the basic pay of the grade the Secretary of the Navy prescribes. The second leader

is entitled to the basic pay of a warrant officer, W-1.

(e) The director of the Coast Guard Band is entitled to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less than that to which he was entitled at the time of his appointment as director.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 89-189, § 2, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95-551, § 3(b)(1), Oct. 30, 1978, 92 Stat. 2069.) HISTORICAL AND REVISION NOTES

In subsection (a), the last 22 words of section 3536(b) of title 10 are omitted as covered by section 205 of this revised title.

In subsection (b), the last sentence of section 4338(a) of title 10 is omitted as covered by section 205 of this revised title.

In subsection (c), the last 22 words of section 6221(b) of title 10 are omitted as covered by section 205 of this revised title.

In subsection (e), the 2d sentence of section 6969(b) of title 10 is omitted as covered by section 205 of this revised title.

AMENDMENTS

1978-Subsec. (b). Pub. L. 95-551 redesignated former subsec. (c) as (b). Former subsec. (b), which provided that the director of music at the United States Military Academy be entitled to the basic pay of a commissioned officer of the rank prescribed for the director by the Secretary of the Army, was struck out.

Subsecs. (c) to (e). Pub. L. 95-551 redesignated former subsecs. (d) to (f) as (c) to (e), respectively. Subsec. (f). Pub. L. 95-551 redesignated former subsec. (f) as (e).

1965-Subsec. (f). Pub. L. 89-189 added subsec. (f). CROSS REFERENCES

Leader of Naval Academy Band, allowances, see section 424 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 424 of this title.

[§ 208. Repealed. Pub. L. 91-482, § 1(b), Oct. 21, 1970, 84 Stat. 1082]

day he starts advanced training and ending upon the completion of his instruction under that section, but in no event shall any member receive such pay for more than 20 months. Subsistence allowance under this section may not be considered financial assistance requiring additional service within the meaning of the third sentence of section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1)).

Section, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461, provided that an officer furloughed under section 6406 of Title 10, Armed Forces, was entitled to pay at the rate of one-half of the basic pay to which he was entitled at the time of being furloughed.

§ 209. Members of precommissioning programs

(b) Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section.

(a) Except when on active duty, a member of the Senior Reserve Officers' Training Corps who is selected for advance training under section 2104 of title 10 is entitled to a subsistence allowance of $100 a month beginning on the

(c) Each cadet or midshipman in the Senior Reserve Officers' Training Corps, while he is attending field training or practice cruises under section 2109 of title 10, and each applicant for membership in the Senior Reserve Officers' Training Corps, while he is attending field training or practice cruises to satisfy the requirements of section 2104(b)(6)(B) of title 10 for admission to advanced training, is entitled, while so attending, to pay at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies under section 203(c) of this title.

(d) Except when serving on active duty, a member who is enrolled in a Marine Corps officer candidate program which requires a baccalaureate degree as a prerequisite to being commissioned as an officer and who is not enrolled in a program established under chapter 103 of title 10 or an academy established under chapter 403, 603, or 903 of title 10 may be paid a subsistence allowance at the same rate as that prescribed by subsection (a) of this section for a member of the Senior Reserve Officers' Training Corps who is selected for advanced training under section 2104 of title 10.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88-647, title II, § 202(2), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-51, § 3, June 28, 1965, 79 Stat. 173; Pub. L. 89-718, § 51, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92-171, § 1, Nov. 24, 1971, 85 Stat. 490; Pub. L. 95-79, title III, § 302(a)(3), July 30, 1977, 91 Stat. 326; Pub. L. 96-342, title VIII, § 811(a), Sept. 8, 1980, 94 Stat. 1098; Pub. L. 96-513, title V, § 516(4), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579, § 8, Dec. 23, 1980, 94 Stat. 3368.)

1980

AMENDMENTS

Subsec. (a). Pub. L. 96-513 substituted "section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))" for "section 456(d)(1) of title 50, appendix".

Subsec. (d). Pub. L. 96-579 struck out par. (1) designation and par. (2) prohibiting payment of subsistence allowance for any period after Sept. 30, 1982.

Pub. L. 96-342 added subsec. (d).

1977-Pub. L. 95–79, § 302(a)(3)(B), in catchline substituted "Members of precommissioning programs" for “Members of Senior Reserve Officers' Training Corps".

Subsec. (c). Pub. L. 95-79, § 302(a)(3)(A), substituted provisions authorizing rates of pay for cadets and mid shipmen in the Senior Reserve Officers' Training Corps and applicants for membership in the Corps to be computed under section 203(c) of this title, for provisions authorizing rates of pay for members of the Senior Reserve Officers' Training Corps to be computed under section 201(c) of this title and for applicants for membership in the Corps to be computed under section 203 of this title for enlisted members in pay grade E-1.

1971-Subsec. (a). Pub. L. 92–171, § 1(1), substituted "a subsistence allowance of $100 a month" for "subsistence allowance at the rate of not less than $40 per month or more than $50 per month".

Subsec. (b). Pub. L. 92-171, § 1(2), substituted "a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section." for "subsistence allowance at the rate of $50 a month beginning on the day that he starts his first term of college work under that section and ending upon the completion of his instruction under that section, but not for more than four years.".

1966 Subsec. (a). Pub. L. 89-718, § 51(1), struck out ", United States Code," following "section 2104 of title 10", and substituted "20" for "twenty" and "section 456(d)(1) of title 50, appendix" for "section 6(d)(1) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456(d)(1))”.

Subsec. (c). Pub. L. 89-718, § 51(2), struck out ", United States Code," following "section 2104(b)(6)(B) of title 10".

1965-Subsec. (a). Pub. L. 89-51 substituted "subsistence allowance" and "Subsistence allowance" for "retainer pay" and "Retainer pay", respectively.

Subsec. (b). Pub. L. 89-51 substituted "subsistence allowance" for "retainer pay".

1964-Pub. L. 88-647 substituted provisions which grant a trainee under section 2104 of title 10, retainer pay of from $40 to $50 monthly for his instruction period under said section 2104, limited to not more than 20 months, provide that such assistance does not fall within section 456(d)(1) of title 50 App., grant cadets or midshipmen under section 2107 of title 10 retainer pay, limited to not more than 4 years, authorize pay for trainees attending field training or practice cruises under section 2109 of title 10 at the rate prescribed for cadets and midshipmen at the military academies under section 201(c) of this title, and pay for applicants attending field training or practice cruises to satisfy section 2104(b)(6)(B) of title 10, as in section 203 of this title for enlisted men grade E-1, for provisions entitling midshipmen appointed under section 6904 of title 10 to $50 a month for his instruction period up to 4 academic years, seamen recruits under section 6905 of title 10 to $50 monthly for his instruction period under said section 6905, and midshipmen in flight training or on flight duty under section 6906 of title 10 to pay as for midshipmen at the Naval

Academy plus an amount equal to 50 percent of his pay for flight duty.

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 of 1971 Amendment

Section 2 of Pub. L. 92-171 provided that: "The amendments made by this Act [amending subsecs. (a) and (b) of this section] shall become effective on July 1, 1971."

EFFECTIVE DATE OF 1965 AMENDMENT Amendment of subsecs. (b) and (c) by Pub. L. 89-51 effective Oct. 13, 1964, see section 4 of Pub. L. 89-51, set out as a note under section 2109 of Title 10, Armed Forces.

SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE MARINE CORPS OFFICER CANDIDATE PROGRAMS Pub. L. 92-172, Nov. 24, 1971, 85 Stat. 491, as amended by Pub. L. 94-361, title VI, § 604, July 14, 1976, 90 Stat. 929; Pub. L. 95-79, title VIII, § 806, July 30, 1977, 91 Stat. 334; Pub. L. 95-485, title VIII, § 803, Oct. 20, 1978, 92 Stat. 1620, which provided that until Sept. 30, 1980, except when on active duty, a member enrolled in a Marine Corps officer candidate program which required a baccalaureate degree as a prerequisite to being commissioned as a regular or reserve officer, and who was not enrolled in a program or an academy established under chapter 103, 403, 603, or 903 of Title 10, Armed Forces, could be paid a subsistence allowance at the same rate as that prescribed by subsec. (a) of this section, was repealed by Pub. L. 96-342, title VIII, § 811(b), Sept. 8, 1980, 94 Stat. 1098. See subsec. (d) of this section.

312a.

312b. 312c.

[313.

314.

315.

Special pay: duty subject to hostile fire. Special pay: continuation pay for dentists in the armed forces.

Special pay: nuclear-qualified officers extending period of active service.

Special pay: nuclear-trained and qualified enlisted members.

Special pay: nuclear career accession bonus. Special pay: nuclear career annual incentive bonus.

Repealed.]

Special pay: qualified enlisted members extending duty at designated locations over

seas.

Special pay: engineering and scientific career continuation pay.

AMENDMENTS

1981-Pub. L. 97-60, title I, §§ 117(c)(2), 120(b), Oct. 14, 1981, 95 Stat. 997, 999, added items 308f and 315. 1980-Pub. L. 96-579, §§ 3(e), 5(a)(2), Dec. 23, 1980, 94 Stat. 3364, 3366, added items 301c and 314.

Pub. L. 96-513, title V, § 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 in item 311, struck out "and physicians and dentists in the Public Health Service" following "forces".

Pub. L. 96-342, title VIII, §§ 805(a)(2), 806(a)(2), Sept. 8, 1980, 94 Stat. 1094, 1096, added items 301b, 308d, and 308e.

Pub. L. 96-284, §§ 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" following "medical officers".

1979-Pub. L. 96-107, title IV, § 404(a)(2), Nov. 9, 1979, 93 Stat. 808, struck out item 309 which read: "Reserves; members of National Guard: additional pay for performance of administrative duty.".

1978-Pub. L. 95-485, title IV, § 404(b), title VIII, § 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, § 403(a)(2), July 30, 1977, 91 Stat. 331, added item 308b.

1976-Pub. L. 94-356, § 3, July 12, 1976, 90 Stat. 901, added items 312b and 312c.

1974-Pub. L. 93-294, § 2(3), May 31, 1974, 88 Stat. 177, added item 301a.

Pub. L. 93-274, § 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, § 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, §§ 202(b), 203(b), Sept. 28, 1971, 85 Stat. 358, added items 302a and 308a. 1969-Pub. L. 91–20, § 1(2), June 3, 1969, 83 Stat. 13, added item 312.

1967-Pub. L. 90-207, § 1(2)(B), Dec. 16, 1967, 81 Stat. 651, added item 311.

1963-Pub. L. 88-132, §§ 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.

CROSS REFERENCES

Assimilation of pay and allowances, see section 1003 of this title.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 907, 1003 of this title; title 42 sections 210, 254d.

§ 301. Incentive pay: hazardous duty

(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) of this section, for the performance of hazardous duty required by orders. For the purposes of this subsection, “hazardous duty" means duty

(1) as an enlisted crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;

(2) involving frequent and regular participation in aerial flight, not as a crew member under clause (1) of this subsection;

(3) involving frequent and regular participation in glider flights;

(4) involving parachute jumping as an essential part of military duty;

(5) involving intimate contact with persons afflicted with leprosy;

(6) involving the demolition of explosives as a primary duty, including training for that duty;

(7) inside a high- or low-pressure chamber; (8) as a human acceleration or deceleration experimental subject;

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

(10) 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;

(11) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria;

(12) involving the servicing of aircraft or missiles with highly toxic fuels or propellants; or

(13) involving frequent and regular participation in aerial flight by an officer (other than a warrant officer) 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 the hazardous duty described in clause (1) of subsection (a) of this section, a member is entitled to monthly incentive pay as follows:

(c)(1) For the performance of the hazardous duty described in clause (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $83 a month.

(2)(A) For the performance of hazardous duty described in clause (13) of subsection (a) of this section, an officer is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows:

(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) 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) of this section for members entitled to basic pay, he is entitled to an increase in compensation equal to o of the monthly incentive pay authorized by subsection (b) or (c) of this section, 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.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88-132, §§ 6-8, Oct. 2, 1963, 77 Stat. 215, 216; Pub. L. 89-149, §§ 1-3, Aug. 28, 1965, 79 Stat. 585; Pub. L. 89-278, Oct. 20, 1965, 79 Stat. 1011; Pub. L. 89-718, § 52, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92-436, title VI, § 605, Sept. 26, 1972, 86 Stat. 740; Pub. L. 93-294, § 2(1), (2), May 31, 1974, 88 Stat. 177; Pub. L. 96-343, § 2(a), Sept. 8, 1980, 94 Stat. 1123; Pub. L. 96-513, title V, § 516(5), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579, § 3(a)-(c), Dec. 23, 1980, 94 Stat. 3360; Pub. L. 97-60, title I, § 111(a)-(c), Oct. 14, 1981, 95 Stat. 992.)

HISTORICAL AND REVISION NOTES

(B) For purposes of this paragraph, the years of service of an officer as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the officer 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 officer 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) of this section.

37:235(e). 37:301(d). 37:301(e) (as applicable to incentive pay). 37:118a-1.

Source (Statutes at Large)

Feb. 18, 1946, ch. 30 (1st proviso under "General Provision"), 60 Stat. 20. Oct. 12, 1949, ch. 681, §§ 204, 501(d), (e) (as applicable to incentive pay), 63 Stat. 809, 826, 827: Mar. 31, 1955, ch. 20, 2(4)-(7), 69 Stat. 19-21; Aug. 28, 1957, Pub. L. 85-208, 71 Stat. 484; May 20, 1958, Pub. L. 85-422; § 1(6), 72 Stat. 124; June 30, 1960, Pub. L. 86-559, 8, 74 Stat. 282; July 12, 1960, Pub. L. 86-635, 74 Stat. 469; Aug. 17, 1961, Pub. L. 87-145, § 2, 3, 75 Stat. 382.

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.