Title 37 United States Code

Pay And Allowances Of The Uniformed Services

§101.  Definitions[178]

In addition to the definitions in sections 1-5 of title 1, the following definitions apply in this title:

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(3)  The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.

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(5)  The term “Secretary concerned” means—

(A)  the Secretary of the Army, with respect to matters concerning the Army;

(B)  the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;

(C)  the Secretary of the Air Force, with respect to matters concerning the Air Force;

(D)  the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;

(E)  the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and

(F)  the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.

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§206.  Reserves; members of National Guard: inactive-duty training[179]

(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 1/30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay—

(1)  for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday;

(2)  for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe; or

(3)  for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated—

(A)  in line of duty while performing—

(i)  active duty; or

(ii)  inactive-duty training; or

(B)  while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member).

(C)  in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.

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§310.  Special pay: duty subject to hostile fire or imminent danger[180]

(a)  Eligibility.—Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay under subsection (b) for any day or portion of a day in which—

(1)  the member was entitled to basic pay or compensation under section 204 or 206 of this title; and

(2)  the member—

(A)  was subject to hostile fire or explosion of hostile mines;

(B)  was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines;

(C)  was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or

(D)  was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

(b) Special Pay Amount.—

(1)  Except as provided in paragraph (2), the amount of special pay authorized by subsection (a) for qualifying service during a day or portion of a day shall be the amount equal to 1/30th of the maximum monthly amount of special pay payable to a member as specified in paragraph (3).

(2)  In the case of a member who is exposed to hostile fire or a hostile mine explosion event in or for a day or portion of a day, the Secretary concerned may, at the election of the Secretary, pay the member special pay under subsection (a) for such service in an amount not to exceed the maximum monthly amount of special pay payable to a member as specified in paragraph (3).

(3)  The maximum monthly amount of special pay payable to a member under this subsection for any month is $225.

(c) Continuation During Hospitalization.—

(1)  A member described in paragraph (2) may be paid special pay under this section for any day (or portion of a day) of not more than three additional months during which the member is hospitalized as described in such paragraph.

(2)  Paragraph (1) applies with respect to a member who—

(A)  is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or

(B)  while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the theater of the combat operation or the combat zone for the treatment of the wound, injury, or illness.

(d) Limitations and Administration.—

(1)  In the case of an area described in subparagraph (B) or (D) of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area will qualify members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Secretary makes the designation. If the commencement date for such a period is a date occurring before the date on which the Secretary makes the designation, the payment of special pay under this section for the period between the commencement date and the date on which the Secretary makes the designation shall be subject to the availability of appropriated funds for that purpose.

(2)  A member may not be paid more than one special pay under this section for any day. A member may be paid special pay under this section in addition to any other pay and allowances to which he may be entitled.

(e)  Determinations of Fact.—Any determination of fact that is made in administering this section is conclusive. Such a determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the determination may be changed on the basis of new evidence or for other good cause.

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§351. Hazardous duty pay[181]

(a)  Hazardous Duty Pay.—The Secretary concerned may pay hazardous duty pay under this section to a member of a regular or reserve component of the uniformed services entitled to basic pay under section 204 of this title or compensation under section 206 of this title who—

(1)  performs duty in a hostile fire area designated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical injury;

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(3)  performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions.

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§1009.  Adjustments of monthly basic pay[182]

(a)  Requirement for Annual Adjustment.—Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under section 203(a) of this title shall be increased under this section.

(b)  Effectiveness of Adjustment.—An adjustment under this section shall have the force and effective of law.

(c) Equal Percentage Increase for All Members.—

(2)  Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph.

(3)  In this subsection:

(A)  The term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics.

(B)  The term “base quarter” for any year is the three-month period ending on September 30 of such year.

(d) Protection of Member’s Total Compensation While Performing Certain Duty.—

(1)  The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from the member's permanent duty station or to duty under field conditions at the member's permanent duty station shall not be less, for any day during the assignment period, than the total amount, for the day immediately preceding the date of the assignment, of the elements of compensation and other pay and allowances of the member.

(2)  Paragraph (1) shall not apply with respect to an element of compensation or other pay or allowance of a member during an assignment described in such paragraph to the extent that the element of compensation or other pay or allowance is reduced or terminated due to circumstances unrelated to the assignment.

(3)  The elements of compensation referred to in this subsection mean—

(A)  the monthly basic pay authorized members of the uniformed services by section 203(a) of this title;

(B)  the basic allowance for subsistence authorized members of the uniformed services by section 402 of this title; and

(C)  the basic allowance for housing authorized members of the uniformed services by section 403 of this title.

(e) Presidential Determination of Need for Alternative Pay Adjustment.—

(1)  If, because of national emergency or serious economic conditions affecting the general welfare, the President considers the pay adjustment which would otherwise be required by this section in any year to be inappropriate, the President shall prepare and transmit to Congress before September 1 of the preceding year a plan for such alternative pay adjustments as the President considers appropriate, together with the reasons therefor.

(2)  In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including the Indexes of Leading Economic Indicators, the Gross Domestic Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.

(3)  The President shall include in the plan submitted to Congress under paragraph (1) an assessment of the impact that the alternative pay adjustments proposed in the plan would have on the Government's ability to recruit and retain well-qualified persons for the uniformed services.

[Internal References.—SSAct §§209(d), 465(a) and (c) cite title 37, United States Code.]

[178]  As amended through P.L. 109–163, January 6, 2006.

[179]  As amended through P.L. 110–181, January 28, 2008.

[180]  As amended through P.L. 112–239, January 2, 2013.

[181]  As amended through P.L. 115–91, December 12, 2017.

[182]  As amended through P.L. 108–136, November 24, 2003.