active duty in the Dental Corps or as a dental officer.

(Added Pub. L. 93-274, § 1(2), May 6, 1974, 88 Stat. 94, and amended Pub. L. 96-284, § 4(b), June 28, 1980, 94 Stat. 591.)

AMENDMENTS

1980-Pub. L. 96-284 struck out “, in addition to any other pay or allowances to which he is entitled," following "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. See section 303a(b) of this title.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303a, 306 of this title.

[§ 302c. Repealed. Pub. L. 96-513, title IV, § 414(a), Dec. 12, 1980, 94 Stat. 2906]

Section, added Pub. L. 96–284, § 3(a)(1), June 28, 1980, 94 Stat. 589, set forth provisions relating to special pay for medical officers of the Public Health Service.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.

§ 303. Special pay: veterinarians

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 designated as a veterinary officer, 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 is designated as a veterinary officer of the Army or the Air Force, as the case may be, 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; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2) of this subsection, in the Army, the Air Force, or the National Guard, as the case may be.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88-2, § 5, Mar. 28, 1963, 77 Stat. 4; Pub. L.

90-40, 5, June 30, 1967, 81 Stat. 105; Pub. L. 92-129, title I, § 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93-64, title II, § 203, July 9, 1973, 87 Stat. 149; Pub. L. 95-114, § 3, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95-485, title VIII, § 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96-284, § 4(c), June 28, 1980, 94 Stat. 591.)

Revised section

303(a)

303(b)

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

37:234(b) (less 1st proviso, as applicable to veterinarians). 37:234(c).

37:234(b) (1st proviso, as applicable to veterinarians).

Source (Statutes at Large)

Oct. 12, 1949, ch. 681, 203(b) (as applicable to veterinarians), (c), 63 Stat. 809; June 25, 1952, ch. 459, § 1, 66 Stat. 156; June 29, 1953, ch. 158, §8 (as applicable to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, § 203, 69 Stat. 225; Apr. 30, 1956, ch. 223, $5, 70 Stat. 122! Mar. 23, 1959, Pub. L. 86-4, § 5, 73 Stat. 13.

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

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" and struck out "beginning on or after October 1, 1977" following "active duty" and former 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, now covered in section 303a(b) of this title, and former 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.

Subsec. (b). Pub. L. 95-114 reenacted subsec. (b) without change.

Subsec. (c). Pub. L. 95-114 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 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303a, 306 of this title.

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

(a) 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, shall prescribe regulations for the administration of sections 302, 302a, 302b, 303, and 311 of this title.

(b) Special pay authorized under sections 302, 302a, 302b, and 303 of this title is in addition to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing retired pay, separation pay, severance pay, or readjustment pay.

(c) The Secretary of Defense shall conduct a review every two years of the special pay for health professionals authorized by sections 302, 302a, 302b, 303, and 311 of this title. A report shall be submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year thereafter on the results of the review for the preceding two-year period. (Added Pub. L. 96-284, § 5(a), June 28, 1980, 94 Stat. 592, and amended Pub. L. 96-513, title V, § 506(6), Dec. 12, 1980, 94 Stat. 2919.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-513, § 506(6)(A), struck out reference to sections 302c and 313 of this title. Subsec. (b). Pub. L. 96-513, § 506(6)(B), (C), struck out reference to section 302c of this title and inserted reference to separation pay.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 302 of this title. § 304. Special pay: diving duty

(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set forth in subsection (b) of this section, for periods during which the member

(1) is assigned by orders to the duty of diving;

(2) is required to maintain proficiency as a diver by frequent and regular dives; and (3) actually performs diving duty.

(b) Special pay payable under subsection (a) of this section shall be paid at a rate of not more than $200 a month, in the case of an officer, and at a rate of not more than $300 a month, in the case of an enlisted member.

(c) A member may be paid special pay under this section and incentive pay under section 301 of this title for the same period of service only if the member is assigned by orders to a hazardous duty described in section 301(a) of this title in addition to diving duty. However, if a member is paid special pay under this section, the member is not entitled to more than one payment of incentive pay under section 301 of this title.

(d) In time of war, the President may suspend the payment of diving duty pay.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 97-60, title I, § 115, Oct. 14, 1981, 95 Stat. 995.)

1981-Pub. L. 97-60 revised the provisions of former subsec. (a) into new subsecs. (a), (b), and (c), redesignated former subsec. (b) as (d), and, in the provisions of former subsec. (a) as revised, added to the enumeration of conditions attached to the entitlement to special pay the requirement that the member maintain proficiency as a diver by frequent and regular dives, substituted a rate of $200 a month for officers and $300 a month for enlisted men for the former rate of $110 a month for all members, and added provisions authorizing the payment of both special pay under this section and incentive pay under section 301 of this title in specified circumstances.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 907 of this title. § 305. Special pay: while on duty at certain places

(a) Except as provided by subsections (b) and (c) of this section, under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:

(b) Appropriations of the Department of Defense may not be paid, as foreign duty pay under subsection (a) of this section, to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be.

(c) A member receiving special pay under section 305a of this title may not be paid special pay under this section for the same period of service.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88-132, § 12(a), Oct. 2, 1963, 77 Stat. 217; Pub. L. 90-623, § 3(4), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 95-485, title VIII, § 804(b)(1), Oct. 20, 1978, 92 Stat. 1620.)

HISTORICAL AND REVISION NOTES

In subsection (a), the words "Except as provided by subsection (b) of this section" are inserted for clarity. The words "is also ... entitled" are substituted for the words "shall, in addition thereto... be entitled". The words "any place outside the United States, or in Alaska or Hawaii" are substituted for the words "beyond the continental limits of the United States or in Alaska", since, under the source statute, Hawaii was beyond the continental limits of the United States, and the United States, as defined in section 101(1) of this revised title, would otherwise include Alaska and Hawaii. This interpretation conforms to the opinion of the Comptroller General, B-138956, April 20, 1959 (38 Comp. Gen. 710).

...

In subsection (b), the words "Appropriation of" are substituted for the words "of the funds appropriated to" The words "may not be paid" are substituted for the words "no part. shall be available for the payment" The words "member of a uniformed service" are substituted for the words "person in the military service" to conform to subsection (a). The words "Puerto Rico" are inserted for clarity, since the source statute was applicable to that place. The words "Virgin Islands” are inserted, since that unincorporated territory is not covered by the word "possession". The word "Territory" is omitted as obsolete.

AMENDMENTS

1978-Pub. L. 95-485, § 804(b)(1)(C), substituted in section catchline “on duty" for "on sea duty or duty”. Subsec. (a). Pub. L. 95-485, § 804(b)(1)(A), inserted reference to subsec. (c) of this section and struck out provision entitling an enlisted member of a uniformed service who is entitled to basic pay to special pay while on sea duty.

Subsec. (c). Pub. L. 95-485, § 804(b)(1)(B), added subsec. (c).

1968-Subsec. (a)(2). Pub. L. 90-623 substituted “48 contiguous States" for "contiguous 48 States". 1963-Pub. L. 88-132 substituted "while on sea duty or duty at certain places" for "sea and foreign duty" in the catchline.

Subsec. (a). Pub. L. 88-132 designated existing provisions as clause (1) and substituted the provisions of clause (2) permitting special pay for an enlisted member of a uniformed service while on duty at a designated place outside the contiguous 48 States and the District of Columbia for former provision entitling such member to special pay while on duty in any place outside the United States, or in Alaska or Hawaii.

Subsec. (b). Pub. L. 88-132 substituted "a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country” for “Alaska, Hawaii, Puerto Rico, the Virgin Islands, or a possession, unless that member is serving in an area outside Alaska, Hawaii, the Virgin Islands, or a possession, of which he is a resident".

EFFECTIVE DATE OF 1978 AMENDMENT Section 804(b)(3) of Pub. L. 95-485 provided that: "The amendments made by this subsection (amending this section] shall take effect on October 1, 1978."

EFFECTIVE Date of 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

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.

SAVINGS PROVISIONS

Section 12(b) of Pub. L. 88-132 provided that: "Notwithstanding subsection (a) [amending this section], an enlisted member who, on the day before the effective date of this Act [Oct. 1, 1963], was permanently assigned to duty at a place outside the United States or in Alaska or Hawaii, shall, during the remaining period of that assignment, but not after that place is designated for the purpose of section 305(a)(2) of title 37, United States Code, be paid the basic pay to which he was entitled on that date plus special pay under section 305 of title 37, United States Code, whenever qualified thereunder as that section was in effect on the day before the effective date of this Act, if the total of that basic pay and that special pay is more than the basic pay to which he would otherwise be entitled during that period under section 2 of this Act [amending section 203 of this title]."

SEA DUTY PERFORMED BETWEEN OCTOBER 1, 1978, AND SEPTEMBER 30, 1981

Section 804(c) of Pub. L. 95-485 provided that: “Any individual who on September 30, 1978, is an enlisted member of a uniformed service shall be eligible to receive special pay under section 305(a)(1) of title 37, United States Code, as in effect on September 30, 1978, for any period of sea duty performed by such individual during the period beginning on October 1, 1978, and ending on September 30, 1981, for which such individual does not receive special pay under section 305a of such title (as added by subsection (a)).”

REGULATIONS RELATING TO SPECIAL PAY Regulations relating to special pay for sea duty and duty at certain places, see Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, set out as a note under section 301 of this title.

EXECUTIVE ORDER NO. 10168

Ex. Ord. No. 10168, Oct. 11, 1950, 15 F.R. 6877, as amended by Ex. Ord. No. 10821, May 20, 1959, 24 F.R. 4123; Ex. Ord. No. 10989, Jan. 23, 1962, 27 F.R. 727; Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631, which concerned regulations relating to special pay for sea duty and duty at certain places, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, set out as a note under section 301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 907 of this title.

Commissioned officers with at least four years of active service as enlisted members or as noncommissioned warrant officers.

(c) Under regulations prescribed by the President, a member of a uniformed service who is entitled to career sea pay under this section who has served 36 consecutive months of sea duty is entitled to a career sea pay premium of $100 a month for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member.

(d) For the purposes of this section, the term "sea duty" means duty performed by a member

(1) while permanently or temporarily assigned to a ship, ship-based staff, or shipbased aviation unit and while serving on a ship the primary mission of which is accomplished while underway or while serving as a member of the off crew of a two-crewed submarine; or

(2) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport for 30 consecutive days or more.

A ship is considered away from its homeport for purposes of clause (2) of the first sentence when it is at sea or in a port that is more than 50 miles from its homeport.

(Added Pub. L. 95-485, title VIII, § 804(a)(1), (2), Oct. 20, 1978, 92 Stat. 1620, and amended Pub. L. 96-343, § 3(a), (b), Sept. 8, 1980, 94 Stat. 1124; Pub. L. 96-579, § 4(a), Dec. 23, 1980, 94 Stat. 3364; Pub. L. 97-60, title I, § 116, Oct. 14, 1981, 95 Stat. 996; Pub. L. 97-295, § 3(1), Oct. 12, 1982, 96 Stat. 1303.)

COMMISSIONED OFFICERS

Pay grade

Years of sea duty

Over Over Over Over Over 3 4 6 7

AMENDMENTS

1982-Subsec. (d). Pub. L. 97-295 substituted "clause (2)" for "clause (B)" after "for purposes of".

1981-Subsec. (d)(1). Pub. L. 97-60 added provisions relating to service as a member of the off crew of a two-crewed submarine.

1980-Subsec. (a). Pub. L. 96-579 substituted provision declaring a member of a uniformed service entitled to basic pay as eligible for special pay for prior provision for eligibility to such pay of an enlisted member of a uniformed service entitled to basic pay, in pay grade E-4 or above, with three years of sea duty.

Subsec. (b). Pub. L. 96-579 substituted special monthly pay table for enlisted members, warrant officers, and commissioned officers for prior special monthly rate for enlisted members for sea duty above prescribed number of years: $29, 3 yrs.; $40, 5 yrs.; $52, 7 yrs.; $63, 9 yrs.; $75, 10 yrs.; $86, 11 yrs.; and $115, 12 yrs.

Pub. L. 96-343 substituted provision authorizing monthly rates of special pay of $29 for over 3 years,

$40 for over 5 years, $52 for over 7 years, $63 for over 10 years, $86 for over 11 years, and $115 for over 12 years for provision authorizing monthly rates of special pay during fiscal year 1979 or 1980 of $25 for over 3 years, $35 for over 5 years, and $55 for over 12 years and for fiscal year 1981 rates of $25 for over 3 years, $35 for over 5 years, $45 for over 7 years, and $55 for over 12 years.

Subsecs. (c), (d). Pub. L. 96-579 added subsecs. (c) and (d).

EFFECTIVE DATE OF 1980 AMENDMENTS Section 4(b) of Pub. L. 96-579 provided: "The amendment made by this section (amending this section] shall be effective with respect to special pay payable under section 305a of title 37, United States Code, for months after the month in which this section is enacted [December 1980]."

Section 3(c) of Pub. L. 96-343 provided that: "The amendments made by this section (amending subsec. (b) of this section and repealing section 804(a)(2) of Pub. L. 95-485, formerly set out as a note below] shall be effective with respect to special pay payable under section 305a of title 37, United States Code, for months after August 1980."

EFFECTIVE DATE

Section 804(a)(1) of Pub. L. 95-485 provided in part that this section is effective Oct. 1, 1978.

REPEALS

Pub. L. 95-485, title VIII, § 804(a)(2), Oct. 20, 1978, 92 Stat. 1620, which amended subsec. (b) of this section effective Oct. 1, 1981, to provide for monthly rates of special pay of $25 for over 3 years, $35 for over 5 years, $45 for over 7 years, $55 for over 9 years, $65 for over 10 years, $75 for over 11 years, and $100 for over 12 years was repealed by Pub. L. 96-343, 3(b), Sept. 8, 1980, 94 Stat. 1124.

DETERMINATION OF AMOUNT OF SEA CREDIT; PERIODS PRIOR TO OCTOBER 1, 1978

Section 804(a)(3) of Pub. L. 95-485 provided that: "In determining the amount of sea duty to be credited to an enlisted member of a uniformed service for purposes of section 305a of title 37, United States Code (as added by paragraph (1)), the Secretary concerned shall credit such member with all periods of service by such member before October 1, 1978, during which such member served in a sea duty status."

SECTION REFERRED TO IN OTHer Sections This section is referred to in sections 305, 907 of this title.

§ 306. Special pay: officers holding positions of unusual responsibility and of critical nature

(a) The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay special pay, in addition to other pay prescribed by law, to an officer of an armed force who is entitled to the basic pay of pay grade O-3, O-4, O-5, or O-6 and who is performing the duties of such a position, at the following monthly rates:

ficers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay.

(c) Not more than 5 percent of the number of officers on active duty (other than for training) in an armed force in pay grade O-3, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade O-4, O-5, or O-6, may be paid special pay under this section.

(d) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(e) This section does not apply to a person who is entitled to special pay under section 302, 302a, 302b, or 303 of this title.

(f) The Secretary of Defense shall report to Congress by March 1 of each year following a calendar year in which special pay is disbursed under this section. Negative reports need not be submitted.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90-623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-284, § 6, June 28, 1980, 94 Stat. 593; Pub. L. 96-470, title II, § 202(b), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 97-322, title I, § 116, Oct. 15, 1982, 96 Stat. 1586.)

1982-Subsec. (f). Pub. L. 97-322 struck out the last sentence providing that the Secretary of Transportation shall make a similar report for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

1980-Subsec. (e). Pub. L. 96-284 made section inapplicable to a person entitled to special pay under section 302a or 302b of this title.

Subsec. (f). Pub. L. 96-470 substituted provision requiring the Secretary of Defense to report by Mar. 1 of each year following a calendar year in which special pay is disbursed under this section and providing that negative reports need not be submitted for provision requiring the Secretary of Defense to report by Mar. 1 of each year on the administration of this section within each military department during the preceding calendar year.