37 U.S.C. §§ 302–302j

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 464; Pub. L. 88–2, § 5, Mar. 28, 1963, 77 Stat. 4; Pub. L. 88–132, § 4, Oct. 2, 1963, 77 Stat. 212; Pub. L. 89–718, § 53, Nov. 2, 1966, 80 Stat. 1122; 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, § 201, July 9, 1973, 87 Stat. 149; Pub. L. 93–274, § 1(1), May 6, 1974, 88 Stat. 94; Pub. L. 96–284, § 2(a), June 28, 1980, 94 Stat. 587; Pub. L. 96–513, title IV, § 415, Dec. 12, 1980, 94 Stat. 2906; Pub. L. 99–145, title VI, § 640, Nov. 8, 1985, 99 Stat. 652; Pub. L. 99–661, div. A, title XIII, §§ 1342(d), 1343(b)(1), Nov. 14, 1986, 100 Stat. 3991, 3995; Pub. L. 100–180, div. A, title VII, § 716(a), Dec. 4, 1987, 101 Stat. 1113; Pub. L. 101–189, div. A, title VII, § 702(a)–(f), Nov. 29, 1989, 103 Stat. 1468, 1469; Pub. L. 101–510, div. A, title VI, § 612, Nov. 5, 1990, 104 Stat. 1577; Pub. L. 106–398, § 1 [[div. A], title VI, § 625(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 107–314, div. A, title VI, § 615(c), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(4), Jan. 6, 2006, 119 Stat. 3328; Pub. L. 110–181, div. A, title VI, § 615(a), Jan. 28, 2008, 122 Stat. 150.)

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.

Editorial Notes

Amendments

2008—Subsec. (b)(1). Pub. L. 110–181 substituted “$75,000” for “$50,000”.

2006—Subsec. (c)(2). Pub. L. 109–163, § 687(b)(4)(A), added second sentence and struck out former second sentence which read as follows: “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.”

Subsec. (f). Pub. L. 109–163, § 687(b)(4)(B), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “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.”

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, § 702(f)(1), inserted heading.

Subsec. (a)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)” in introductory provisions.

Subsec. (a)(2)(C) to (I). Pub. L. 101–189, § 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, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.

Subsec. (a)(4). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “of this subsection” after “paragraph (2) or (3)”.

Pub. L. 101–189, § 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, § 702(f)(9), struck out “of this subsection” after “paragraph (2) or (3)”.

Pub. L. 101–189, § 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, § 702(f)(2), inserted heading.

Subsec. (b)(1). Pub. L. 101–189, § 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, § 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, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.

Subsec. (c). Pub. L. 101–189, § 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, § 702(f)(3), inserted heading.

Subsec. (d). Pub. L. 101–189, § 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, § 702(f)(4), inserted heading.

Subsec. (e). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)” and “or (b)(1)”.

Pub. L. 101–189, § 702(f)(5), inserted heading.

Subsec. (f). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (b)(1)”.

Pub. L. 101–189, § 702(f)(6), inserted heading.

Subsec. (g). Pub. L. 101–189, § 702(f)(7), inserted heading.

Subsec. (h). Pub. L. 101–189, § 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, § 702(f)(9), struck out “of this section” after “or (f)”.

Pub. L. 101–189, § 702(f)(8), inserted heading.

1987—Subsec. (b)(1). Pub. L. 100–180, § 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, § 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, § 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, § 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, § 640(1), substituted “who is” for “is not”.

Subsec. (i). Pub. L. 99–145, § 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 applicable with respect to agreements entered into under section 301d(a) or 302b(c) of this title on or after Jan. 28, 2008, see section 615(c) of Pub. L. 110–181, set out as a note under section 301d of this title.

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title VII, § 702(g), Nov. 29, 1989, 103 Stat. 1469, provided that: The amendments made by subsections (a) and (c) [amending this section] shall take effect on January 1, 1990. 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]. 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.

Pub. L. 96–284, § 8, June 28, 1980, 94 Stat. 594, 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

Pub. L. 93–274, § 2, May 6, 1974, 88 Stat. 96, as amended by Pub. L. 94–273, § 2(18), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94–361, title III, § 305, July 14, 1976, 90 Stat. 926; Pub. L. 95–114, § 1, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, § 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, § 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.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

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, § 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, § 207, Nov. 26, 1991, 105 Stat. 1127.

Pub. L. 101–517, title II, § 207, Nov. 5, 1990, 104 Stat. 2209.

Pub. L. 101–166, title II, § 208, Nov. 21, 1989, 103 Stat. 1177.

Pub. L. 100–202, § 101(h) [title II, § 208], Dec. 22, 1987, 101 Stat. 1329–256, 1329–274.

Medical Officer Retention Bonus

Pub. L. 101–189, div. A, title VII, § 703(e)–(g), Nov. 29, 1989, 103 Stat. 1470, 1471, as amended by Pub. L. 102–25, title VII, § 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, § 612, Sept. 29, 1988, 102 Stat. 1979, as amended by Pub. L. 101–189, div. A, title VII, § 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, § 613, Sept. 29, 1988, 102 Stat. 1981, as amended by Pub. L. 101–510, div. A, title VI, § 616, Nov. 5, 1990, 104 Stat. 1578; Pub. L. 103–160, div. A, title VI, § 613(g), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(f), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title XV, § 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, § 614(a)(1), (c)(1), Feb. 10, 1996, 110 Stat. 360, 361.

[Pub. L. 104–106, div. A, title VI, § 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, § 641, Dec. 12, 1980, 94 Stat. 2954, as amended by Pub. L. 97–22, § 8(o), July 10, 1981, 97 Stat. 136, provided that: “Any person— 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 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

Pub. L. 96–284, § 7, June 28, 1980, 94 Stat. 593, 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).”

(Added Pub. L. 92–129, title II, § 202(a), Sept. 28, 1971, 85 Stat. 357; amended Pub. L. 93–64, title II, § 202, July 9, 1973, 87 Stat. 149; Pub. L. 95–114, § 2, 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(a), June 28, 1980, 94 Stat. 591; Pub. L. 100–26, § 8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L. 101–510, div. A, title VI, § 617(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 104–201, div. A, title VI, § 614(a), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 106–398, § 1 [[div. A], title VI, § 626(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 107–314, div. A, title VI, § 615(d), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(5), Jan. 6, 2006, 119 Stat. 3328.)

Editorial Notes

Amendments

2006—Subsec. (b)(4). Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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.”

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, § 614(a)(1)(A), substituted “a uniformed service” for “an armed force” in introductory provisions.

Subsec. (b)(2)(C). Pub. L. 104–201, § 614(a)(1)(B), struck out “of the military department” before “concerned to be”.

Subsec. (b)(4). Pub. L. 104–201, § 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.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 1977 Amendment

Pub. L. 95–114, § 4, Sept. 30, 1977, 91 Stat. 1047, 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

Pub. L. 92–129, title II, § 209, Sept. 28, 1971, 85 Stat. 359, 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 the former Appendix to Title 50, 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 the former Appendix to Title 50] shall become effective July 1, 1971.”

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

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, § 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, § 1 [[div. A], title VI, § 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.

(Added Pub. L. 93–274, § 1(2), May 6, 1974, 88 Stat. 94; amended Pub. L. 96–284, § 4(b), June 28, 1980, 94 Stat. 591; Pub. L. 99–145, title VI, § 639(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–201, div. A, title VI, § 615(a), (b), (e), Sept. 23, 1996, 110 Stat. 2545, 2547; Pub. L. 105–85, div. A, title VI, § 618, Nov. 18, 1997, 111 Stat. 1789; Pub. L. 109–163, div. A, title VI, §§ 625, 626, 687(b)(6), Jan. 6, 2006, 119 Stat. 3295, 3328; Pub. L. 109–364, div. A, title VI, § 615(a), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110–181, div. A, title VI, § 616(a), Jan. 28, 2008, 122 Stat. 150.)

Editorial Notes

Amendments

2008—Subsec. (a)(4). Pub. L. 110–181, § 616(a)(1), substituted “at a rate determined by the Secretary concerned, which rate may not exceed the following” for “at the following rates” in introductory provisions.

Subsec. (a)(4)(A). Pub. L. 110–181, § 616(a)(2), substituted “$10,000” for “$4,000”.

Subsec. (a)(4)(B). Pub. L. 110–181, § 616(a)(3), substituted “$12,000” for “$6,000”.

2006—Subsec. (a). Pub. L. 109–163, § 625(a)(1), substituted “Board Certification, and Incentive” for “and Board Certification” in heading.

Subsec. (a)(4). Pub. L. 109–364 in introductory provisions substituted “An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer” for “Subject to subsection (b), an officer entitled to variable special pay under paragraph (2) or (3) also is entitled to additional special pay for any 12-month period during which the officer is not undergoing dental internship or initial residency training”.

Pub. L. 109–163, § 626, inserted “also” before “is entitled” and “initial” before “residency” in introductory provisions.

Subsec. (a)(6). Pub. L. 109–163, § 625(a)(2), added par. (6).

Subsec. (b). Pub. L. 109–163, § 625(b), substituted “paragraph (4) or (6) of subsection (a)” for “subsection (a)(4)” in two places.

Subsec. (b)(2). Pub. L. 109–163, § 687(b)(6)(A), added second sentence and struck out former second sentence which read as follows: “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.”

Subsec. (d). Pub. L. 109–163, § 625(b), substituted “paragraph (4) or (6) of subsection (a)” for “subsection (a)(4)”.

Subsec. (e). Pub. L. 109–163, § 687(b)(6)(B), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “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.”

Subsecs. (f) to (h). Pub. L. 109–163, § 687(b)(6)(C), (D), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out heading and text of former subsec. (f). Text read as follows: “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.”

1997—Subsec. (a)(2)(C) to (G). Pub. L. 105–85, § 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, § 618(b), substituted “$7,000” for “$1,000”.

Subsec. (a)(4)(B) to (D). Pub. L. 105–85, § 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, § 615(e)(1), inserted heading.

Subsec. (a)(2). Pub. L. 104–201, § 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, § 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, § 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, § 615(e)(2)–(7), inserted headings.

Subsec. (h). Pub. L. 104–201, § 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, § 616(b), Jan. 28, 2008, 122 Stat. 150, provided that: “The amendments made by this section [amending this section] shall apply with respect to agreements entered into under section 302b(b) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008].”

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, § 615(b), Oct. 17, 2006, 120 Stat. 2249, provided that: “The amendment made by this section [amending this section] shall take effect on October 1, 2006.”

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, § 639(f), Nov. 8, 1985, 99 Stat. 651, 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.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Authority for Certain Dental Officers To Execute New Agreements

Pub. L. 99–145, title VI, § 639(c), Nov. 8, 1985, 99 Stat. 651, provided that: 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— was executed after June 29, 1985; and 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)). 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. 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. If a new agreement is executed under this subsection, the existing agreement of the officer shall be canceled. 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

Pub. L. 99–145, title VI, § 639(d), Nov. 8, 1985, 99 Stat. 651, as amended by Pub. L. 99–661, div. A, title XIII, § 1342(c), Nov. 14, 1986, 100 Stat. 3991, provided that: 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. 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.]

(Added Pub. L. 100–140, § 2(a), Oct. 26, 1987, 101 Stat. 830; amended Pub. L. 101–189, div. A, title VII, § 704(a), (b)(1), (c), Nov. 29, 1989, 103 Stat. 1471; Pub. L. 101–510, div. A, title VI, § 618(a), Nov. 5, 1990, 104 Stat. 1579; Pub. L. 102–25, title VII, § 702(a)(2)(A), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 611, Oct. 23, 1992, 106 Stat. 2420; Pub. L. 104–106, div. A, title VI, § 617, Feb. 10, 1996, 110 Stat. 362; Pub. L. 104–201, div. A, title VI, § 614(b), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title X, § 1073(c)(5), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–398, § 1 [[div. A], title VI, § 627], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 110–181, div. A, title X, § 1063(b), Jan. 28, 2008, 122 Stat. 322.)

Editorial Notes

Prior Provisions

A prior section 302c, added Pub. L. 96–284, § 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, § 414(a), Dec. 12, 1980, 94 Stat. 2906, eff. Sept. 15, 1981.

Amendments

2008—Subsec. (d)(1). Pub. L. 110–181 substituted “Service Corps” for “Services Corps”.

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, § 614(b)(2)(B). See 1996 Amendment note below.

1996—Subsec. (d). Pub. L. 104–201, § 614(b)(1), substituted “Secretary concerned” for “Secretary of Defense” in introductory provisions.

Subsec. (d)(1). Pub. L. 104–201, § 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, § 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, § 704(b)(1), struck out “in the Public Health Service Corps” after “psychologists” in section catchline.

Subsecs. (a), (b). Pub. L. 101–189, § 704(c), inserted headings.

Subsec. (c). Pub. L. 101–189, § 704(a), added subsec. (c).

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, 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

Pub. L. 100–140, § 2(c), Oct. 26, 1987, 101 Stat. 831, 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.”

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.

Implementation of Subsection (d)

Pub. L. 101–510, div. A, title VI, § 618(b), Nov. 5, 1990, 104 Stat. 1579, 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— justifying the need of the military departments for the authority provided in such subsection; and 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

Pub. L. 101–189, div. A, title VII, § 704(d), Nov. 29, 1989, 103 Stat. 1471, 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— justifying the need of the military departments for the authority provided in such subsection; and describing the manner in which that authority will be implemented.”

[Report submitted to Committees on Apr. 20, 1994.]

(Added Pub. L. 110–417, [div. A], title VI, § 620(b)(1), Oct. 14, 2008, 122 Stat. 4490; amended Pub. L. 111–84, div. A, title VI, § 612(b)(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(1), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(1), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(1), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(1), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(1), Dec. 12, 2017, 131 Stat. 1421.)

Editorial Notes

Amendments

2017—Subsec. (f). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (f). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (f). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (f). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (f). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (f). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

2009—Subsec. (f). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

(Added Pub. L. 101–189, div. A, title VII, § 705(a)(1), Nov. 29, 1989, 103 Stat. 1471; amended Pub. L. 101–510, div. A, title VI, § 613(a), title XIV, § 1484(d)(2), Nov. 5, 1990, 104 Stat. 1577, 1716; Pub. L. 102–484, div. A, title VI, § 612(g), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, § 611(b), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103–337, div. A, title VI, § 612(b), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 612(b), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, § 612(b), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, § 612(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, § 612(b), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, § 612(b), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106–398, § 1 [[div. A], title VI, § 622(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–151; Pub. L. 107–107, div. A, title VI, § 612(b), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–314, div. A, title VI, §§ 612(c), 615(e), Dec. 2, 2002, 116 Stat. 2567, 2568; Pub. L. 108–136, div. A, title VI, § 612(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §§ 612(c), 616(a), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109–163, div. A, title VI, §§ 622(c), 687(b)(7), Jan. 6, 2006, 119 Stat. 3294, 3328; Pub. L. 109–364, div. A, title VI, § 612(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 612(c), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, § 612(c), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, § 612(b)(2), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(2), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(2), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(2), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(2), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(2), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(2), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(2), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(2), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

2017—Subsec. (a)(1). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (a)(1). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (a)(1). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (a)(1). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (a)(1). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (a)(1). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

2009—Subsec. (a)(1). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

2008—Subsec. (a)(1). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.

Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (a)(1). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.

Pub. L. 109–163, § 622(c), substituted “December 31, 2006” for “December 31, 2005”.

Subsec. (d). Pub. L. 109–163, § 687(b)(7), amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain licensed as a registered nurse or fails to complete total period of active duty.

2004—Subsec. (a)(1). Pub. L. 108–375, § 616(a), substituted “three years” for “four years”.

Pub. L. 108–375, § 612(c), substituted “December 31, 2005” for “December 31, 2004”.

2003—Subsec. (a)(1). Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”.

2002—Subsec. (a)(1). Pub. L. 107–314, § 612(c), substituted “December 31, 2003” for “December 31, 2002”.

Subsec. (a)(2). Pub. L. 107–314, § 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, §§ 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, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title VI, § 616(b), Oct. 28, 2004, 118 Stat. 1948, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to agreements entered into under section 302d of title 37, United States Code, on or after the date of the enactment of this Act [Oct. 28, 2004].”

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

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.

(Added Pub. L. 101–189, div. A, title VII, § 706(a)(1), Nov. 29, 1989, 103 Stat. 1472; amended Pub. L. 101–510, div. A, title VI, §§ 613(b), 614(a), (b), 618(c)(1), title XIV, § 1484(d)(3), Nov. 5, 1990, 104 Stat. 1577, 1578, 1579, 1716; Pub. L. 102–25, title VII, § 702(a)(2)(B), (b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 612(i), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, § 611(c), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103–337, div. A, title VI, § 612(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 612(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, § 612(c), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, § 612(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, § 612(c), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, § 612(c), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106–398, § 1 [[div. A], title VI, §§ 622(c), 626(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–151, 1654A–153; Pub. L. 107–107, div. A, title VI, § 612(c), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–314, div. A, title VI, §§ 612(d), 615(f), Dec. 2, 2002, 116 Stat. 2567, 2569; Pub. L. 108–136, div. A, title VI, § 612(d), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 612(d), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 622(d), 687(b)(8), Jan. 6, 2006, 119 Stat. 3294, 3328; Pub. L. 109–364, div. A, title VI, § 612(d), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 612(d), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, § 612(d), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, § 612(b)(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(3), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(3), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(3), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(3), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(3), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(3), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(3), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(3), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

2017—Subsec. (a)(1). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (a)(1). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (a)(1). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (a)(1). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (a)(1). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (a)(1). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

2009—Subsec. (a)(1). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

2008—Subsec. (a)(1). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.

Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (a)(1). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.

Pub. L. 109–163, § 622(d), substituted “December 31, 2006” for “December 31, 2005”.

Subsec. (c). Pub. L. 109–163, § 687(b)(8)(A), substituted “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.” for “The officer may be required to refund that part of the special pay corresponding to the unserved period of active duty.”

Subsec. (e). Pub. L. 109–163, § 687(b)(8)(B), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.

2004—Subsec. (a)(1). Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”.

2003—Subsec. (a)(1). Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”.

2002—Subsec. (a)(1). Pub. L. 107–314, § 615(f), substituted “$50,000” for “$15,000”.

Pub. L. 107–314, § 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, § 1 [[div. A], title VI, § 622(c)], substituted “December 31, 2001” for “December 31, 2000”.

Subsec. (b)(2)(A). Pub. L. 106–398, § 1 [[div. A], title VI, § 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, § 702(a)(2)(B), amended section catchline generally.

Subsec. (d). Pub. L. 102–25, § 702(b)(1), (c), struck out “of this section” after “subsection (a)”.

1990—Pub. L. 101–510, § 618(c)(1), directed that section catchline be amended to read “§ 302c. Special pay: psychologists and nonphysician health care providers”.

Subsec. (a)(1). Pub. L. 101–510, § 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, § 614(b), substituted “subsection (b)(1)” for “subsection (b)”.

Pub. L. 101–510, § 613(b), substituted “September 30, 1992,” for “September 30, 1991,”.

Subsec. (b). Pub. L. 101–510, § 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, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

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, § 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, § 1 [[div. A], title VI, § 626(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153.

(Added Pub. L. 102–190, div. A, title VI, § 634(a), Dec. 5, 1991, 105 Stat. 1381; amended Pub. L. 104–106, div. A, title XV, § 1501(d)(4)(A), Feb. 10, 1996, 110 Stat. 500; Pub. L. 106–398, § 1 [[div. A], title VI, § 625(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 109–163, div. A, title VI, § 687(b)(9), Jan. 6, 2006, 119 Stat. 3329.)

Editorial Notes

Amendments

2006—Subsec. (c). Pub. L. 109–163 substituted “repay in the manner provided in section 303a(e) of this title” for “refund”.

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”.

Statutory Notes and Related Subsidiaries

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.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Active Duty in Connection With Operation Desert Storm

Pub. L. 102–25, title III, § 304, Apr. 25, 1991, 105 Stat. 81, as amended by Pub. L. 102–190, div. A, title VI, § 656, Dec. 5, 1991, 105 Stat. 1393, provided that: 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— the call or order of the officer to active duty be for a period of not less than one year; or the officer execute a written agreement to remain on active duty for a period of not less than one year. 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— 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; 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 voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm. 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. 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. 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.”

(Added Pub. L. 104–106, div. A, title VI, § 614(a)(1), Feb. 10, 1996, 110 Stat. 360; amended Pub. L. 104–201, div. A, title VI, § 611(a), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, § 611(a), Nov. 18, 1997, 111 Stat. 1785; Pub. L. 105–261, div. A, title VI, § 611(a), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106–65, div. A, title VI, § 611(a), Oct. 5, 1999, 113 Stat. 649; Pub. L. 106–398, § 1 [[div. A], title VI, § 621(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–151; Pub. L. 107–107, div. A, title VI, § 611(a), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–314, div. A, title VI, § 612(e), Dec. 2, 2002, 116 Stat. 2567; Pub. L. 108–136, div. A, title VI, § 612(e), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 612(e), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 622(e), 687(b)(10), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §§ 612(e), 616(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110–181, div. A, title VI, § 612(e), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, § 612(e), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, § 612(b)(4), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(4), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(4), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(4), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(4), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(4), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(4), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(4), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(4), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 100–456, div. A, title VI, § 613, Sept. 29, 1988, 102 Stat. 1981, which was set out as a note under section 302 of this title, prior to repeal by Pub. L. 104–106, § 614(c)(1).

Amendments

2017—Subsec. (e). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (e). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (e). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (e). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (e). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (e). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

2009—Subsec. (e). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

2008—Subsec. (e). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.

Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (a). Pub. L. 109–364, § 616(a), substituted “$25,000” for “$10,000”.

Subsec. (d). Pub. L. 109–163, § 687(b)(10)(A), (B), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “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.”

Subsec. (e). Pub. L. 109–364, § 612(e), substituted “December 31, 2007” for “December 31, 2006”.

Pub. L. 109–163, § 687(b)(10)(A), (C), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: “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.”

Subsec. (f). Pub. L. 109–163, § 687(b)(10)(C), redesignated subsec. (f) as (e).

Pub. L. 109–163, § 622(e), substituted “December 31, 2006” for “December 31, 2005”.

2004—Subsec. (f). Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”.

2003—Subsec. (f). Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”.

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, § 616(b), Oct. 17, 2006, 120 Stat. 2249, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 302g of title 37, United States Code, on or after that date.”

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

(Added Pub. L. 104–201, div. A, title VI, § 615(c)(1), Sept. 23, 1996, 110 Stat. 2545; amended Pub. L. 107–107, div. A, title VI, § 618, Dec. 28, 2001, 115 Stat. 1137; Pub. L. 107–314, div. A, title VI, § 612(f), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 612(f), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 612(f), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 622(f), 687(b)(11), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §§ 612(f), 617(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110–181, div. A, title VI, § 612(f), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, § 612(f), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, § 612(b)(5), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(5), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(5), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(5), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(5), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(5), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(5), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(5), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(5), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

2017—Subsec. (a)(1). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (a)(1). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (a)(1). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (a)(1). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (a)(1). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (a)(1). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

2009—Subsec. (a)(1). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

2008—Subsec. (a)(1). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.

Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (a)(1). Pub. L. 109–364, § 612(f), substituted “December 31, 2007” for “December 31, 2006”.

Pub. L. 109–163, § 622(f), substituted “December 31, 2006” for “December 31, 2005”.

Subsec. (a)(2). Pub. L. 109–364, § 617(a), substituted “$200,000” for “$30,000”.

Subsec. (d). Pub. L. 109–163, § 687(b)(11), amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain certified or licensed as dentist or fails to complete total period of active duty.

2004—Subsec. (a)(1). Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”.

2003—Subsec. (a)(1). Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”.

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, § 617(e), Oct. 17, 2006, 120 Stat. 2251, provided that: “The amendments made by this section [enacting sections 302k and 302l of this title and amending this section] shall take effect on October 1, 2006, and shall apply to agreements— entered into or revised under section 302h of title 37, United States Code, on or after that date; or entered into under section 302k or 302l of such title, as added by subsections (b) and (c), on or after that date.”

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

(Added Pub. L. 106–398, § 1 [[div. A], title VI, § 628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–154; amended Pub. L. 107–314, div. A, title VI, § 615(g), Dec. 2, 2002, 116 Stat. 2569.)

Editorial Notes

Amendments

2002—Subsecs. (a), (b). Pub. L. 107–314, § 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, § 615(g)(2), inserted “on Eligibility for Special Pay” after “Limitation” in heading.

Subsec. (d). Pub. L. 107–314, § 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.”

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.

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.

(Added Pub. L. 106–398, § 1 [[div. A], title VI, § 628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–154; amended Pub. L. 107–314, div. A, title X, § 1062(c)(1), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–375, div. A, title VI, § 612(g), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 622(g), 687(b)(12), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, § 612(g), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 612(g), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 612(g), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, § 612(b)(6), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(6), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(6), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(6), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(6), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(6), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(6), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(6), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(6), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

2017—Subsec. (a). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (a). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (a). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (a). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (a). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (a). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

2009—Subsec. (a). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

2008—Subsec. (a). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.

Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (a). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.

Pub. L. 109–163, § 622(g), substituted “December 31, 2006” for “December 31, 2005”.

Subsec. (e). Pub. L. 109–163, § 687(b)(12), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain licensed as pharmacist or fails to complete total period of active duty.

2004—Subsec. (a). Pub. L. 108–375 substituted “October 30, 2000, and ending on December 31, 2005” for “the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and ending on September 30, 2004”.

2002—Subsec. (a). Pub. L. 107–314 substituted “subsection (d)” for “subsection (c)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.