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119th Congress

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119th Congress

Volume 95 · 989

Public Law 97–60

To increase the pay and allowances of members of the uniformed services, and for other purposes.

Approved October 14, 1981

Statutory text

An Act

To increase the pay and allowances of members of the uniformed services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That this Act may be

Uniformed Services Pay Act of 1981.

37 USC 101 note.

cited as the “Uniformed Services Pay Act of 1981”.

TITLE I— PAY AND ALLOWANCES

Part A— Annual Compensation Increase

Sec. 101. increase in basic pay and allowances

(a)

The adjustment required by section 1009 of title 37,

37 USC 1009 note.

United States Code, m certain elements of the compensation of members of the uniformed services to become effective on October 1, 1981, shall not be made, and no adjustment of the compensation of any member of a uniformed service shall be made pursuant to such section for the period beginning on October 1, 1981, and ending on the date of the enactment of this Act. Effective as of October 1, 1981, the

Effective date.

rates for each element of compensation specified in section 1009(a) of such title are as provided in subsection (b).

(b)
(1)

The rates of monthly basic pay for members of the uniformed services entitled to basic pay under section 204 of title 37, United States Code, based on years of service computed under section 205 of such title, are as follows:

37 USC 205.

Pay gradeYears of service computed under section 205 of title 37, United States Code
2 or lessOver 2Over 3Over 4Over 6
O–102$4,506.60$4,665.30$4,665.30$4,665.30$4,665.30
O–93,994.204,098.904,186.204,186.204,186.20
O–83,617.703,726.003,814.503,814.503,814.50
O–73,006.003,210.603,210.603,210.603,354.30
O–62,228.102,448.302,608.202,608.202,608.20
O–51,782.002,092.802,237.102,237.102,237.10
O–41,502.101,828.801,951.201,951.201,986.90
O–331,395.901,560.601,668.301,845.901,934.10
O–231,217.101,329.301,596.901,650.601,685.10
O–131,056.601,099.801,329.301,329.301,329.30
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 8Over 10Over 12Over 14Over 16
O–102$4,844.10$4,844.10$5,215.20$5,215.20$5,588.10
O–94,292.704,292.704,471.204,471.204,844.10
O–84,098.904,098.904,292.704,292.704,471.20
O–73,354.303,549.003,549.003,726.004,098.90
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 8Over 10Over 12Over 14Over 16
O–62,608.202,608.202,608.202,696.703,123.60
O–52,237.102,305.202,428.802,591.402,785.50
O–42,075.102,216.402,341.202,448.302,555.40
O–332,004.002,111.702,216.402,271.002,271.00
O–231,685.101,685.101,685.101,685.101,685.10
O–131,329.301,829.301,329.301,329.301,329.30
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 18Over 20Over 22Over 26
O–102$5,588.10$5,961.90$5,961.90$6,333.90
O–94,844.105,215.205,215.205,588.10
O–84,665.304,844.105,038.205,038.20
O–74,380.604,380.604,380.604,380.60
O–63,283.203,354.303,549.003,849.00
O–52,945.403,034.203,140.403,140.40
O–42,626.202,626.202,626.202,626.20
O–332,271.002,271.002,271.002,271.00
O–231,685.101,685.101,685.101,685.10
O–131,829.301,329.301,329.301,329.30
1 Basic pay is limited to the rate of basic pay payable for level V of the Executive Schedule.
2 while serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $6,888.50 regardless of cumulative years of service computed under section 205 of title 37, United States Code.
3 Does not apply to commissioned officers who have been credited with over 4 years of active service as enlisted members or warrant officers.
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 4Over 6Over 8Over 10Over 12Over 14
O–3$1,845.90$1,934.10$2,004.00$2,111.70$2,216.40$2,305.20
O–21,650.601,685.101,738.501,828.801,899.001,951.20
O–11,329.301,419.901,472.401,525.501,578.601,650.60
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 16Over 18Over 20Over 22Over 26
O–3$2,305.20$2,305.20$2,305.20$2,305.20$2,305.20
O–21,951.201,951.201,951.201,951.201,951.20
O–11,650.601.650.601.650.601,650.601,650.60
Pay gradeYears of service computed under section 205 of title 37, United States Code
2 or lessOver 2Over 3Over 4Over 6
W–4$1,422.00$1,525.50$1,525.50$1,560.60$1,631.40
W–31,292.701,402.201,402.201,419.901,436.70
W–21,182.201,224.601,224.601,260.301,329.30
W–1943.201,081.501,081.501,171.801,224.60
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 8Over 10Over 12Over 14Over 16
W–4$1,703.40$1,774.80$1,899.00$1,986.90$2,057.10
W–31,541.701,631.401,685.101,738.501,790.70
W–21,402.201,455.001,508.401,560.601,615.20
W–11,277.401,329.301,384.201,436.701,489.50
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 18Over 20Over 22Over 26
W–4$2,111.70$2,180.40$2,253.60$2,428.80
W–31,845.901,917.301,986.902,057.10
W–21,668.301,721.101,790.701,790.70
W–11,541.701,596.901,596.901,596.90
Pay gradeYears of service computed under section 205 of title 37, United States Code
2 or lessOver 2Over 3Over 4Over 6
E–91
E–8
E–7$968.70$1,045.50$1,084.50$1,122.00$1,160.70
E–6833.10908.40946.50986.401,023.00
E–5731.40796.20834.60870.90927.90
E–4682.20720.30762.30821.70854.40
E–3642.60677.70705.00732.90732.90
E–2618.30618.30618.30618.30618.30
E–1551.40551.40551.40551.40551.40
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 8Over 10Over 12Over 14Over 16
E–91$1,653.90$1,691.40$1,729.80$1,769.70
E–8$1,387.501,426.601,464.301,502.701,542.00
E–71,197.301,236.001,274.101,331.701,369.50
E–61,060.501,099.201,155.901,192.201,230.60
E–5965.701,004.401,041.301,060.501,060.50
E–4854.40854.40854.40854.40854.40
E–3732.90732.90732.90732.90732.90
E–2618.30618.30618.30618.30618.30
E–1551.40551.40551.40551.40551.40
Pay gradeYears of service computed under section 205 of title 37, United States Code
Over 18Over 20Over 22Over 26
E–91$1,809.00$1,844.10$1,941.30$2,130.00
E–81,577.701,616.401,711.501,902.30
E–71,408.201,426.501,522.201,711.50
E–61,249.201,249.201,249.201,249.20
E–51,060.501,060.501,060.501,060.50
E–4854.40854.40854.40854.40
E–3732.90732.90732.90732.90
E–2618.30618.30618.30618.30
E–1551.40551.40551.40551.40
1 While serving as sergeant major of the Army, muster chief petty officer of the Navy or Coast Guard, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, basic pay for this grade is $2,889.00 regardless of cumulative years of service computed under section 205 of title 37, United States Code.
(2)

The rates of basic allowance for subsistence for members of the uniformed services entitled to such allowance under section 402 of title 37, United States Code, are as follows:

Officers$94.39 per month
Enlisted members:
 When on leave or authorized to mess separately$4.50 per day
 When rations in-kind are not available$5.09 per day
 When assigned to duty under emergency conditions where no messing facilities of the United States are available.6.73 per day
(3)

The rates of basic allowance for quarters for members of the uniformed services entitled to such allowance under section 403 of title 37, United States Code, are as follows:

Pay gradeWithout dependentsWith dependents
Full ratePartial raw1
Commissioned officers:
O–10$489.00$50.70$611.70
O–9489.0050.70611.70
O–8489.0050.70611.70
O–7489.0050.70611.70
O–6438.9039.60535.50
O–5404.7033.00487.20
O–4360.3026.70434.70
O–3316.8022.20390.90
O–2275.1017.70348.00
O–1214.8013.20279.60
Warrant officers:
W–4347.1025.20419.10
W–3309.6020.70381.60
W–2269.1015.90342.60
W–1243.0013.80314.70
Enlisted members:
E–9261.9018.60368.70
E–8241.5015.30340.50
E–7205.5012.00316.80
E–6186.609.90291.60
E–5179.408.70267.90
E–4158.108.10235.50
E–3141.307.80205.50
E–2124.807.20205.50
E–1117.906.90205.50
1 Payable to a member without dependents who, under section 403 (b) or (c) of title 37, United States Code, is not entitled to receive a bask allowance for quarters.
(c)

In this section, the term “uniformed services” has the meaning given to that term by section 101(3) of title 37, United States Code.

Sec. 102. monthly pay of cadets and midshipmen

(a)

Section 203(c)(1) of title 37, United States Code, is amended by striking out “$313.20” and inserting in lieu thereof “$461.40”.

(b)

The amendment made by subsection (a) shall take effect as of October 1, 1981.

Part B— Special and Incentive Pays

Sec. 111. special pay for certain hazardous duty

(a)

Subsection (a) of section 301 of title 37, United States Code, is amended—

(1)

by striking out “or” at the end of clause (9); and

(2)

by striking out clause (10) and inserting in lieu thereof the following:

“(10)

involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched;

“(11)

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

“(12)

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

“(13)

involving frequent and regular participation in aerial flight by an officer (other than a warrant officer) who is serving as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system aircraft (as designated by such Secretary) and who is not entitled to incentive pay under section 301a of this title.”.

37 USC 301a.

(b)

The table contained in subsection (b) of such section is amended to read as follows:

“Pay gradeYears of service computed under section 205
2 or lessOver 2Over 3Over 4Over 6Over 8Over 10
E–9$131$131$131$131$131$131$131
E–8131131131131131131131
E–7100106106106113119131
E–6889494100106113119
E–5838888100100106113
E–48383838894100100
E–383838383838383
E–283838383838383
E–183838383838383
E–4 under 4 months”83
Aviation cadets83
“Pay gradeYears of service computed under section 205
Over 12Over 14Over 16Over 18Over 22Over 26Over 30
E–9$131$131$131$131$131$131$131
E–8131131131131131131131
E–7131131131131131131131
E–6119125125125125125125
E–5119119119119119119119
E–4100100100100100100100
E–383838383838383
E–283838383838383
E–183838383838383”.
(c)

Subsection (c) of such section is amended—

(1)

by inserting “(1)” before “For the performance”;

(2)

by striking out “or (10),” and inserting in lieu thereof “(10), (11), or (12),”;

(3)

by striking out “$55” and inserting in lieu thereof “$83”; and

(4)

by adding at the end thereof the following new paragraph:

“(2)
(A)

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

“Pay gradeYears of service as an air weapons controller
2 or lessOver 2Over 3Over 4Over 6Over 8Over 10
O–7 and above$200$200$200$200$200$200$200
O–6225250300325350350350
O–5200250300325350350350
O–4175225275300350350350
O–3125156188206350350350
O–2125156188206250300300
O–1125156188206250250250
“Pay gradeYears of service as an air weapons controller
Over 12Over 14Over 16Over 18Over 20Over 22Over 24Over 25
O–7 and above$200$200$200$200$200$200$200$110
O–6350350350350300250250225
O–5350350350350300250250225
O–4350350350350300250250225
O–3350350350300275250225200
O–2300300300275245210200180
O–1250250250245210200180150
“(B)

For purposes of this paragraph, the years of service of an officer as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the officer begins training leading to a designation as an air weapons controller, but there shall be excluded from such computation any period of more than 90 days during which the officer performs primary duties other than as an air weapons controller.”.

(d)

The amendments made by this section shall take effect as of October 1, 1981.

Sec. 112. aviation career incentive pay

(a)

Section 301a(a)(4) of title 37, United States Code, is amended by adding at the end thereof the following new sentence: “Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty.”.

(b)
(1)

The tables in clause (1) of section 301a(b) of such title are amended to read as follows:

“Years of aviation service (including flight training) as an officer:Monthly rate
   2 or less$125
   Over 2156
   Over 3188
   Over 4206
   Over 6400
“Years of service as an officer as computed under section 205:Monthly rate
   Over 18$370 
   Over 20340 
   Over 22310 
   Over 24280 
   Over 25250”.
(2)

The table in clause (2) of section 301a(b) of such title is

37 USC 301a.

amended to read as follows:

“Years of aviation service as an officer:Monthly rate
  2 or less$125 
  Over 2156 
  Over 3188 
  Over 4206 
  Over 6400”.
(c)

The amendments made by this section shall take effect as of

Effective date.

37 USC 301a note.

October 1, 1981.

Sec. 113. limitations on amounts payable to aviation officers

Section 301b of title 37, United States Code, is amended by

94 Stat. 1095.

adding at the end thereof the following new subsections:

“(e)
(1)

An officer who receives special pay for any period under an agreement under this section is not entitled to aviation career incentive pay under section 301a of this title during such period at a rate that exceeds the rate for such pay in effect on September 30, 1981.

“(2)

During the period beginning on the date of the enactment of the Uniformed Services Pay Act of 1981 and ending on September 30,

Ante, p. 989.

1982, only agreements executed by officers of the Navy or Marine Corps may be accepted under this section.

“(f)

Special pay may not be paid under this section for an agreement

Effective date.

that applies to a period of active duty that begins after September 30, 1982.”.

Sec. 114. years-of-service for computation of submarine duty incentive pay

Paragraphs (3) and (4) of section 301c(a) of title 37, United States Code, are amended by inserting “, but excluding, in the case of

94 Stat. 3360.

an officer, periods as an enlisted member before initial appointment as an officer” after “title” each place it appears.

Sec. 115. special pay for diving duty

Section 304 of title 37, United States Code, is amended to read as follows:

Ҥ 304. Special pay: diving duty

“(a)

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

“(1)

is assigned by orders to the duty of diving;

“(2)

is required to maintain proficiency as a diver by frequent and regular dives; and

“(3)

actually performs diving duty.

“(b)

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

“(c)

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

“(d)

In time of war, the President may suspend the payment of diving duty pay.”.

Sec. 116. sea pay for members of two-crew submarines

Section 305a(d)(1) of title 37, United States Code, is amended by inserting “or while serving as a member of the off crew of a two-crewed submarine” after “underway”.

Sec. 117. reenlistment and enlistment bonuses

(a)

Section 308(e) of title 37, United States Code, is amended to read as follows:

“(e)

For the purposes of determining the eligibility of a member for a bonus under this section and of computing the amount of that bonus—

“(1)

any period of enlistment (including any extension of an enlistment) (A) that is incurred by the member for the purpose of continuing to qualify for continuous submarine duty incentive pay under section 301c of this title, and (B) for which no bonus is otherwise payable; or

“(2)

any unserved period of two years or less of an extension of an enlistment for which no bonus has been paid or for which no bonus is otherwise payable under this section,

may, under regulations prescribed by the Secretary concerned, be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment).”.

(b)

Section 308a(a) of such title is amended—

(1)

by striking out “$5,000” and inserting in lieu thereof “$8,000”; and

(2)

by striking out the second sentence and inserting in lieu thereof the following: “The bonus shall be paid in periodic installments, as determined by the appropriate Secretary, except that the first installment may not exceed $5,000 and the remainder shall be paid in equal periodic installments which may not be paid less frequently than once every 3 months.”.

(c)
(1)

Chapter 5 of such title is amended by inserting after section 308e the following new section:

Ҥ 308f. Special pay: bonus for enlistment in the Army

“(a)

Under regulations prescribed by the Secretary of the Army, a person—

“(1)

who is a high school graduate (or has received a high school education equivalency certificate);

“(2)

whose score on the Armed Forces Qualification Test is at or above the fiftieth percentile; and

“(3)

who enlists in the Army for a period of at least 3 years in a skill designated as critical,

may be paid a bonus in an amount prescribed by the Secretary of the Army not to exceed $4,000. The bonus may be paid in a lump sum or in equal periodic installments, as determined by the Secretary of the Army.

“(b)
(1)

Under regulations prescribed by the Secretary of the Army,

Refund to U.S.

a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section, or a person who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a person who is not qualified because of injury, illness, or other impairment not the result of his own misconduct), shall refund to the United States that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid.

“(2)

An obligation to reimburse the United States imposed under paragraph (1) of this subsection is for all purposes a debt owed to the United States.

“(3)

A discharge in bankruptcy under title 11 that is entered less

Discharge in bankruptcy.

11 USC 101.

than 5 years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under such agreement or under paragraph (1) of this subsection. This paragraph applies to any case commenced under title 11 after September 30, 1981.

“(c)

No bonus may be paid under this section with respect to an

Restriction.

enlistment in the Army after September 30, 1983.”.

(2)

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 308e the following new item:

(d)

The amendments made by this section shall apply to enlistments

Effective date.

37 USC 308 note.

and reenlistments after the date of the enactment of this Act.

Sec. 118. active-service agreements for nuclear qualified officers

Notwithstanding subsections (a) and (b) of section 312 of

Cancellation

37 USC 312 note.

title 37, United States Code, and under regulations prescribed by the Secretary of the Navy, the Secretary of the Navy may permit an officer of the naval service who is performing obligated service as the result of an active-service agreement executed under such section before January 1, 1981, to cancel that active-service agreement effective on the day before an anniversary of the day on which that agreement was executed and execute a new active-service agreement under such section for one period of four years. Any such cancellation

Effective date.

of an existing agreement and execution of a new agreement may be effective on the day before an anniversary date occurring on or after January 1, 1981.

Sec. 119. accession bonus for surface nuclear power applicants

Section 312b(a)(1) of title 37, United States Code, is

94 Stat. 3359.

amended by striking out “submarine”.

Sec. 120. bonus for engineering or scientific skills designated as critical

(a)

Chapter 5 of title 37, United States Code, is amended by adding at the end thereof the following new section:

Ҥ 315. Special pay: engineering and scientific career continuation pay

“(a)

In this section, the term ‘engineering or scientific duty’ means service performed by an officer that requires an engineering or science degree and that requires a skill designated under regulations prescribed by the Secretary of Defense as critical and as a skill in which there is a critical shortage of officers in the armed force concerned.

“(b)

Under regulations prescribed by the Secretary of Defense, an officer of an armed force who—

“(1)

is entitled to basic pay;

“(2)

is below the pay grade of O–7;

“(3)

holds a degree in engineering or science from an accredited college or university;

“(4)

has been certified by the Secretary concerned as having the technical qualifications for detail to engineering or scientific duty;

“(5)

has completed at least three but less than nineteen years of engineering or scientific duty as an officer; and

“(6)

executes a written agreement to remain on active duty for detail to engineering or scientific duty for at least one year, but not more than four years;

may, upon acceptance of the written agreement by the Secretary concerned, be paid, in addition to all other compensation to which the officer is entitled, an amount not to exceed $3,000 multiplied by the number of years, or monthly fraction thereof, of obligated service to which the officer agrees under the agreement. The total amount payable may be paid in a lump sum or in equal periodic installments, as determined by the Secretary concerned.

“(c)
(1)

An officer who does not serve on active duty for the entire period for which he has been paid under subsection (b) of this section shall refund that percentage of the payment that the unserved part of the period is of the total period for which the payment was made. Nothing in this subsection shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion by a regular officer of the total period of obligated service specified in an agreement under subsection (b) of this section does not obligate the President to accept a resignation submitted by that officer.

“(2)

Subject to paragraph (3) of this subsection, an obligation to reimburse the United States imposed under paragraph (1) of this subsection is for all purposes a debt owed to the United States.

“(3)

The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) of this subsection if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.

“(4)

A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under such agreement or under paragraph (1) of this subsection. This paragraph applies to any case commenced under

Effective date.

title 11 after September 30, 1981.”.

(b)

The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:

Part C— Travel and Transportation Allowances

Sec. 121. general travel and transportation allowances

(a)
(1)

Subsection (a) of section 404 of title 37, United States Code, is amended by striking out “Under regulations” and inserting in lieu thereof “Except as provided in subsection (f) of this section and under regulations”.

(2)

Subsection (b) of such section is amended—

(A)

by inserting “(1)” after “(b)”;

(B)

by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and

(C)

by adding at the end thereof the following new paragraph:

“(2)

In prescribing such conditions and allowances, the Secretaries concerned shall provide that a member who is performing travel under orders away from his designated post of duty and who is authorized a per diem under clause (2) of subsection (d) of this section shall be paid for the meals portion of that per diem in a cash amount at a rate that is not less than the rate established under section 1011(a) of this title for meals sold to members. The preceding sentence shall not apply with respect to a member on field duty or sea duty (as defined in regulations prescribed under section 402(e) of this title) or a member of a unit with respect to which the Secretary concerned has determined that unit messing is essential to the accomplishment of the unit’s training and readiness.”.

(3)

Subsection (c) of such section is amended—

(A)

by inserting “(1)” after “(c)”;

(B)

by redesignating clauses (1) and (2) as clauses (A) and (B), respectively;

(C)

by inserting “and as provided in paragraph (2) of this subsection” after “Secretaries concerned” the first place it appears; and

(D)

by adding at the end thereof the following new paragraph:

“(2)

A member authorized under paragraph (1) of this subsection to

Home selection.

select a home for the purposes of such allowances may select as his home—

“(A)

any place within the United States;

“(B)

the place outside the United States from which the member was called or ordered to active duty to his first duty station; or

“(C)

any other place.

However, if the member selects as his home a place other than a place described in clause (A) or (B) of the preceding sentence, the travel and transportation allowances authorized by subsection (a) of this section may not exceed the allowances which would be payable if the place selected as his home were in the United States (other than Hawaii or Alaska).”

(4)

Subsection (f) of such section is amended to read as follows:

“(f)
(1)

The travel and transportation allowances authorized under this section for a member who is separated from the service or released from active duty may be paid or provided only for travel actually performed.

“(2)
(A)

Except as provided in subparagraph (B) of this paragraph, a member who is separated from the service or released from active duty and who—

“(i)

on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve; or

“(ii)

is separated from the service or released from active duty under other than honorable conditions, as determined by the Secretary concerned;

may be provided travel and transportation under this section only by transportation in kind by the least expensive mode of transportation available or by a monetary allowance that does not exceed the cost to the Government of such transportation in kind.

“(B)

Subparagraph (A) of this paragraph does not apply to a member—

“(i)

who is retired, or is placed on the temporary disability

10 USC 1201 et seq.

retired list, under chapter 61 of title 10;

“(ii)

who is separated from the service or released from active duty for a medical condition affecting the member, as determined by the Secretary concerned;

“(iii)

who is separated from the service or released from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions; or

“(iv)

who is discharged under section 1173 of title 10.”.

(b)
(1)

Subsection (a) of section 406 of such title is amended—

(A)

by inserting “(1)” after “(a)”;

(B)

by inserting “paragraph (2) of this subsection and” before “subsection (i) of this section”; and

(C)

by adding at the end thereof the following new paragraphs:

“(2)
(A)

Except as provided in subparagraph (B) of this paragraph, a member who is separated from the service or released from active duty and who—

“(i)

on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve; or

“(ii)

is separated from the service or released from active duty under other than honorable conditions, as determined by the Secretary concerned;

may be provided transportation under this subsection for his dependents only by transportation in kind by the least expensive mode of transportation available or by a monetary allowance that does not exceed the cost to the Government of such transportation in kind.

“(B)

Subparagraph (A) of this paragraph does not apply to a member—

“(i)

who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10;

“(ii)

who is separated from the service or released from active duty for a medical condition affecting the member, as determined by the Secretary concerned;

“(iii)

who is separated from the service or released from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions; or

“(iv)

who is discharged under section 1173 of title 10.

“(3)

The allowances authorized under this subsection may be paid in advance.”.

(2)

Subsection (b) of such section is amended—

(A)

by inserting “(1)” after “(b)”;

(B)

by striking out “In” and inserting in lieu thereof “Except as provided in paragraph (2) of this subsection, in”;

(C)

by adding at the end of paragraph (1), as designated by clause (A), the following new sentences: “Temporary storage in excess of 180 days may be authorized. Subject to regulations prescribed by the Secretaries concerned, in the case of a change of permanent station in which the Secretary concerned has authorized transportation under section 2634 of title 10 of a

10 USC 2634.

motor vehicle that is owned by the member (or a dependent of the member) and is for the personal use of the member or his dependents, the member is entitled to a monetary allowance for transportation of that motor vehicle to the point at which transportation authorized under section 2634 of title 10 commences and from the point at which transportation authorized under that section terminates. Such monetary allowance shall be established at a rate per mile that does not exceed the rate established under section 404(d)(1) of this title.”; and

37 USC 404.

(D)

by adding at the end thereof the following new paragraph:

“(2)

The transportation and allowances authorized under paragraph (1) of this subsection may be paid or provided to a member upon his separation from the service or release from active duty only if the member applies for the transportation and allowances not later than 180 days after the date of his separation or release from active duty. If a member to whom this paragraph applies has been authorized nontemporary storage under subsection (d) of this section, the 180-day period shall not begin until such authorization for nontemporary storage expires. This paragraph does not apply to a member to whom subsection (g)(1) of this section applies.”.

(3)

Subsection (g) of such section is amended—

(A)

by inserting “(1)” after “(g)”;

(B)

by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and

(C)

by striking out all after the second sentence and inserting in lieu thereof the following new paragraphs:

“(2)

If baggage and household effects of a member are shipped to a

Baggage shipment.

place selected by a member as his home under section 404(c) of this title that is not a place described in clause (A) or (B) of section 404(c)(2) of this title or to a location other than the home selected by the member, or if transportation is provided for a member’s dependents to a place selected by the member as his home under section 404(c) of this title that is not a place described in clause (A) or (B) of section 404(c)(2) of this title, and the costs of that shipment or transportation are in excess of those that would have been incurred if the shipment had been made or the transportation had been provided to a location in the United States (other than Alaska or Hawaii), the member shall pay that excess cost.

“(3)

If a member authorized to select a home under section 404(c) of

Surviving dependents.

this title accrues that right or any entitlement under this subsection but dies before he exercises it, that right or entitlement accrues to and may be exercised by his surviving dependents or, if there are no surviving dependents, his baggage and household effects may be shipped to the home of the person legally entitled to such baggage and effects. However, if baggage and household effects are shipped under circumstances described in paragraph (2) of this subsection in which the member would have been required to pay the excess costs of that shipment, the surviving dependents or the person legally entitled to the baggage and household effects, as the case may be, shall pay that excess cost.”.

(4)

Subsection (h) of such section is amended by striking out “owned by the member and for his or his dependents’ personal use” in clause (2) and inserting in lieu thereof “that is owned by the member (or a dependent of the member) and is for the personal use of the member or his dependents”.

(c)

Section 405a(b) of such title is amended by striking out “owned by him and for his personal use, or the use of the dependents,” and inserting in lieu thereof “that is owned by the member (or a dependent of the member) and is for the personal use of the member or his dependents”.

(d)
(1)

Except as provided in paragraphs (2), (3), (4), and (5), the amendments made by this section shall take effect on November 1, 1981, and shall apply to members who are separated from the service or released from active duty on or after November 1, 1981.

(2)

Paragraph (2) of section 404(b) of title 37, United States Code, as added by subsection (a)(2)(C), shall apply to travel performed after October 31, 1981.

(3)

Paragraph (3) of section 406(a) of title 37, United States Code, as added by subsection (b)(1)(C), shall take effect on the date of the enactment of this Act.

(4)

The amendments made by subsections (a)(3) and (b)(3) shall take effect on November 1, 1981, and shall apply to members who are retired, placed on the temporary disability retired list, discharged, or involuntarily released on or after November 1, 1981, except that such amendments shall not apply to any member who before November 1, 1981, had completed eighteen years of active service.

(5)

The amendment made by subsection (b)(2)(C) shall take effect on the date of the enactment of this Act.

Sec. 122. temporary lodging expenses

(a)
(1)

Chapter 7 of title 37, United States Code, is amended by inserting after section 404 the following new section:

Ҥ 404a. Travel and transportation allowances: temporary lodging expenses

“(a)

Under regulations prescribed by the Secretaries concerned, a member of a uniformed service who is ordered to make a change of permanent station—

“(1)

from any duty station to a duty station in the United States (other than Hawaii or Alaska); or

“(2)

from a duty station in the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska;

may be paid or reimbursed for subsistence expenses actually incurred by the member and the member’s dependents while occupying temporary quarters incident to that change of permanent station. In the case of a change of permanent station described in clause (1) of this subsection, the period for which such expenses may be paid or reimbursed may not exceed four days. In the case of a change of permanent station described in clause (2) of this subsection, the period for which such expenses may be paid or reimbursed may not exceed two days and such payment or reimbursement may be provided only for expenses incurred before leaving the United States (other than Hawaii or Alaska).

“(b)

Regulations prescribed under subsection (a) of this section shall prescribe average daily subsistence rates for purposes of this section for the member and for each dependent. Such rates may not exceed the maximum per diem rates prescribed under section 404(d) of this title for the area where the temporary quarters are located.

37 USC 404.

“(c)

A member may not be paid or reimbursed more than $110 a day under this section.”.

(2)

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 404 the following new item:

(b)

Section 411(a) of such title is amended by inserting “404a,” after

37 USC 411.

“(d)–(f),”.

(c)

The amendments made by this section shall take effect on April

Effective date.

37 USC 404a note.

1, 1982.

Sec. 123. advance payment of evacuation allowances

Section 405a(a) of title 37, United States Code, is amended by inserting after the second sentence the following new sentence: “Such allowances may be paid in advance.”.

Sec. 124. advance payment of dislocation allowance

Section 407(a) of title 37, United States Code, is amended by adding at the end thereof the following new sentence: “An allowance payable under this section may be paid in advance.”.

Sec. 125. travel and transportation for members serving consecutive assignments overseas

Section 411b(a) of title 37, United States Code, is amended—

(1)

by inserting “(1)” after “(a)”;

(2)

by inserting “who is ordered to a consecutive tour of duty at the same duty station or” after “District of Columbia” the first place it appears; and

(3)

by adding at the end thereof the following new paragraph:

“(2)

If, because of military necessity, a member authorized travel and transportation allowances under this subsection is denied leave between the two tours of duty outside the forty-eight contiguous States and the District of Columbia, the member shall be authorized to use such travel and transportation allowances from his current duty station at the first time the member is granted leave.”.

Sec. 126. environmental and emergency travel

(a)

Chapter 7 of title 37, United States Code, is amended by inserting after section 411b the following new sections:

Ҥ 411c. Travel and transportation allowances: travel performed in connection with leave from certain stations in foreign countries

“(a)

Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service who is serving at a duty station outside the United States in an area specifically designated for the purposes of this section by the Secretary concerned may be paid for or provided transportation for himself and his dependents authorized to reside at his duty station—

“(1)

to another location outside the United States having different social, climatic, or environmental conditions than those at the duty station at which the member is serving; or

“(2)

to a location in the United States.

“(b)

The transportation authorized by this section is limited to transportation of the member, and of each dependent of the member, for one roundtrip during any tour of at least 24, but less than 36, consecutive months or two roundtrips during any tour of at least 36 consecutive months.

Ҥ 411d. Travel and transportation allowances: transportation incident to certain emergencies for members stationed abroad

“(a)

Under uniform regulations prescribed by the Secretaries concerned, transportation for a member of a uniformed service stationed outside the United States (other than Hawaii and Alaska) and for dependents of the member authorized to reside at the member’s duty station may be provided from the area of the member’s duty station to the United States, Puerto Rico, or the possessions of the United States incident to emergency leave granted for reasons of a personal emergency (or, in the case of transportation provided only for a dependent, under circumstances involving a personal emergency similar to the circumstances for which emergency leave could be granted a member).

“(b)

Transportation under this section may be authorized only upon a determination that, considering the nature of the personal emergency involved, Government transportation is not reasonably available. The cost of transportation authorized under this section may not exceed the cost of Government-procured commercial air travel from the international airport nearest the location of the member and dependents at the time notification of the personal emergency is received or the international airport nearest the member’s duty station—

“(1)

to the international airport within the United States (other than Hawaii and Alaska) closest to the airport from which the member or dependents departed; or

“(2)

to an airport in Alaska, Hawaii, Puerto Rico, or the possessions of the United States, as determined by the Secretary concerned,

and return to either the international airport from which the member or dependents departed or the international airport nearest the member’s duty station.

Ҥ 411e. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty

“(a)

Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service who is performing temporary duty away from his permanent duty station (or who is assigned to a ship or unit operating away from its home port) may be provided the travel and transportation authorized by section 404 of this title for travel performed by the member from his place of temporary duty (or from his ship or unit) to his permanent duty station (or the home port of the ship or unit) or to any other location, and return (if applicable), if such travel has been approved incident to the serious illness or injury or the death of a dependent of the member.

“(b)

Transportation under this section may be authorized only upon a determination that Government transportation is not reasonably available, considering the nature of the personal emergency involved. The cost of transportation authorized under this section may not exceed the cost of Government-procured commercial air travel from the member’s place of temporary duty (or from his ship or unit) to the member’s permanent duty station (or the home port of the ship or unit), and return (if applicable).”.

(b)

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 411b the following new items:

Part D— Miscellaneous

Sec. 131. uniform allowances and advance pay for members of the armed forces health professions scholarship program

(a)

Section 415(a) of title 37, United States Code, is amended—

(1)

by striking out “or” at the end of paragraph (2);

(2)

by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; or”; and

(3)

by adding at the end thereof the following new paragraph:

“(4)

upon reporting for the first period of active duty required by section 2121(c) of title 10 as a member of the Armed Forces Health Professions Scholarship program.”.

(b)

Section 1006 of such title is amended by adding at the end

37 USC 1006.

thereof the following new subsection:

“(i)

Under regulations prescribed by the Secretary concerned, not more than one month’s pay may be paid in advance to a member of the Armed Forces Health Professions Scholarship program upon reporting for a period of active duty required by section 2121(c) of title 10.”.

TITLE II— MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

Sec. 201. increase in reserve officers’ training corps scholarships

Section 2107(h) of title 10, United States Code, is amended by striking out “6,000” and “6,500” and inserting in lieu thereof “8,000” and “9,500”, respectively.

Sec. 202. clarification of authority to transport certain motor vehicles

Section 2634(a) of title 10, United States Code, is amended—

(1)

by striking out “owned by the member and for his personal use or the use of his dependents” in the first sentence and inserting in lieu thereof “that is owned by the member (or a dependent of the member) and is for the personal use of the member or his dependents”;

(2)

by inserting “(or a dependent of his)” after “unless a motor vehicle owned by him” in the first sentence; and

(3)

by inserting “(or a dependent of the member)” in the second sentence after “motor vehicle of the member”.

Sec. 203. nominations by superintendents of the service academies

(a)
(1)

Section 4342 of title 10, United States Code, is amended by striking out subsection (d) and inserting in lieu thereof the following:

“(d)

The Superintendent may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2)–(7), (9), or (10) of subsection (a) and may not cause the total strength of the Corps of Cadets to exceed the authorized number.”.

(2)
(A)

Chapter 403 of such title is amended by inserting after section 4341 the following new section:

Ҥ 4341a. Cadets: appointment by the President

“Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.”.

(B)

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4341 the following new item:

(b)
(1)

Section 6953 of such title is amended by adding at the end thereof the following new sentence: “An appointment is conditional until the midshipman is admitted.”.

(2)

Section 6954 of such title is amended—

(A)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(B)

by inserting after subsection (c) the following new subsection (d):

“(d)

The Superintendent of the Naval Academy may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2)–(7), (9), or (10) of subsection (a) and may not cause the total strength of midshipmen at the Naval Academy to exceed the authorized number.”.

(c)
(1)

Section 9342 of such title is amended by striking out subsection (d) and inserting in lieu thereof the following:

“(d)

The Superintendent may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2)–(7), (9), or (10) of subsection (a) and may not cause the total strength of Air Force Cadets to exceed the authorized number.”.

(2)
(A)

Chapter 903 of such title is amended by inserting after section 9341 the following new section:

Ҥ 9341a. Cadets: appointment by the President

“Cadets at the Academy shall be appointed by the President alone. An appointment is conditional until the cadet is admitted.”.

(B)

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9341 the following new item:

(d)

The amendments made by this section shall take effect with

Effective date.

10 USC 4341a note.

respect to nominations for appointment to the first class admitted to each Academy after the date of the enactment of this Act.

Sec. 204. authority of the secretary of the navy to issue regulations

(a)
(1)

Section 5031 of title 10, United States Code, is amended by adding at the end thereof the following new subsection:

“(d)

The Secretary of the Navy may prescribe regulations to carry out his functions, powers, and duties under this title. The authority of the Secretary under the preceding sentence is in addition to the authority of the Secretary under section 6011 of this title.”.

10 USC 6011.

(2)

Section 6011 of such title is amended by striking out “with the approval of the President”.

(b)

United States Navy regulations issued under section 6011 of

10 USC 6011 note.

title 10, United States Code, before the date of the enactment of this Act shall remain in effect in accordance with their terms until amended or revoked by the Secretary of the Navy.

Sec. 205. per diem for members of the naval research advisory committee

Section 5153 of title 10, United States Code, is amended by striking out subsection (c) and redesignating subsection (d) as subsection (c).

Sec. 206. repeal of deadline for nominations to the naval academy

Section 6956 of title 10, United States Code, is amended by striking out subsections (b) and (c) and redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

Sec. 207. reimbursement for accommodations in place of quarters

(a)

Section 3 of Public Law 96–357 (94 Stat. 1182; 10 U.S.C. 7572 note) is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1982”.

(b)

Section 7572(b) of title 10, United States Code, as amended by section 3 of Public Law 96–357 (94 Stat. 1182; 10 U.S.C. 7572 note), is amended to read as follows:

“(b)
(1)

Under such regulations as the Secretary prescribes, a member of a uniformed service on sea duty who is deprived of quarters on board ship because of repairs or because of other conditions that make the member’s quarters uninhabitable and for whom it is impracticable to furnish accommodations under subsection (a) may be reimbursed for expenses incurred in obtaining quarters in an amount not more than the total of—

“(A)

the basic allowance for quarters payable to a member of the same pay grade without dependents for the period during which the member is deprived of quarters on board ship; and

“(B)

the variable housing allowance that could be paid to a member of the same pay grade under section 403 of title 37 at the

37 USC 403.

location where the member is deprived of quarters onboard ship for the period during which the member is deprived of quarters on board ship.

“(2)

A member entitled to receipt of basic allowance for quarters may not be reimbursed for expenses under this subsection when deprived of quarters on board ship at a location at which the member can reside with such member’s dependents.

“(3)

The total amount of reimbursement under this subsection may not exceed $9,000,000 for fiscal year 1981 and $6,300,000 for fiscal year 1982.”.

(c)

The amendments made by this section shall take effect as of October 1, 1981.

Sec. 208. authority for persons over 65 years of age to serve on local selective service boards

Section 10(b)(3) of the Military Selective Service Act (50 U.S.C. App. 460(b)(3)) is amended by striking out “who has attained the age of 65 or” in the sixth complete sentence thereof.

Approved October 14, 1981.

Parsed from the official Statutes at Large USLM XML in 95.xml