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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 19 — Administration

§ 1002. Additional training or duty without pay: Reserves; members of the National Guard; members of the Space Force

Statutory text

(a)

A member of a reserve component of a uniformed service, or of the Space Force may, with the consent of the member, be given additional training or other duty as provided by law, without pay, as may be authorized by the Secretary concerned.

(b)
(1)

A member who performs training or other duty without pay under subsection (a) may, in the discretion of the Secretary concerned, be authorized the travel and transportation allowances prescribed by section 452 of this title for travel performed to and from that training or duty, and, during the performance of that training or duty, be furnished with subsistence and quarters in kind or commutation thereof at a rate to be fixed by the Secretary concerned.

(2)

If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).

(c)

This section does not authorize compensation for work or study performed by a member of a reserve component or the Space Force in connection with correspondence courses of an armed force.

(d)

This section does not apply to a member who is entitled to basic pay under chapter 3 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 87–649 · 76 Stat. 451

    Enacted · 37 U.S.C. § 1002

    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489

    Source evidence

    Code source credit
    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489

  2. Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 1002(b)

    Pub. L. 102–25 struck out “of this section” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

  3. Pub. L. 106–65 div. A title VI § 672(a) · 113 Stat. 512

    1. Amended · 37 U.S.C. § 1002(b)

      Pub. L. 106–65 designated existing provisions as par. (1)

    2. Added · 37 U.S.C. § 1002(b)

      Pub. L. 106–65 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (a) Authority to Provide Per Diem Allowance.— Section 1002(b) of title 37, United States Code, is amended— (1) by inserting “(1)” after “(b)”; and (2) by adding at the end the following new paragraph: “(2) If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).”.

  4. National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 631(f)(4)(A) · 125 Stat. 1298

    1. Amended · 37 U.S.C. § 1002(b)(1)

      Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9)

    2. Substituted · 37 U.S.C. § 1002(b)(1)

      Pub. L. 112–81, § 631(f)(4)(A), as substituted “474” for “404”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404”.

    Enacted provision · exact public law section
    (A) Any section of title 10, 32, or 37, United States Code, that includes a reference to a section of title 37 that is transferred and redesignated by subsection (c) is amended so as to conform the reference to the section number of the section as so redesignated.

    Effective date note
    Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

  5. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(a)(9) · 126 Stat. 1632

    Changed · 37 U.S.C. § 1002(b)(1)

    Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.

    Enacted provision · exact public law section
    (9) Section 631(f)(4) (125 Stat. 1465) is 2 USC 906; 5 USC 4109, 5760; 10 USC 701 note prec., 1071 note, 1174a, 1175, 1175a, 1491, 1591 note; 14 USC 512; 32 USC 115; 36 USC 2101; 37 USC 403, 420, 422. 10 USC 2366a. amended by striking “subsection (c)” both places it appears and inserting “subsection (d)”.

    Effective date note
    Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

  6. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title VI § 626(h)(7) · 136 Stat. 2395

    Substituted · 37 U.S.C. § 1002(b)(1)

    Pub. L. 117–263 substituted “section 452” for “section 474(a)–(d), and (f),”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 117–263 substituted “section 452” for “section 474(a)–(d), and (f),”.

    Enacted provision · exact public law section
    (7) in section 1002(b)(1), by striking “section 474(a)–(d), and (f),” and inserting “section 452”;

  7. Pub. L. 119–60 § 601(h)(1) · 139 Stat. 905

    Substituted · 37 U.S.C. § 1002

    Pub. L. 119–60, § 601(h)(1), substituted “; members of the National Guard; members of the Space Force” for “and members of National Guard” in section catchline. Catchline text was editorially conformed to the style used in this title

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 119–60, § 601(h)(1), substituted “; members of the National Guard; members of the Space Force” for “and members of National Guard” in section catchline. Catchline text was editorially conformed to the style used in this title.

  8. Pub. L. 119–60 § 601(h)(2) · 139 Stat. 905

    1. Substituted · 37 U.S.C. § 1002(a)

      Pub. L. 119–60, § 601(h)(2), substituted “of a reserve component of a uniformed service, or of the Space Force” for “of the National Guard, or of a reserve component of a uniformed service,”

    2. Substituted · 37 U.S.C. § 1002(a)

      Pub. L. 119–60, § 601(h)(2), substituted “the consent of the member” for “his consent”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 119–60, § 601(h)(2), substituted “of a reserve component of a uniformed service, or of the Space Force” for “of the National Guard, or of a reserve component of a uniformed service,” and “the consent of the member” for “his consent”.

  9. Pub. L. 119–60 § 601(h)(3) · 139 Stat. 905

    Inserted · 37 U.S.C. § 1002(c)

    Pub. L. 119–60, § 601(h)(3), inserted “or the Space Force” after “of a reserve component”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 119–60, § 601(h)(3), inserted “or the Space Force” after “of a reserve component”.

7 of 12 references resolved to an enrolled provision · 1 partial · 4 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1002(a) 1002(b) 1002(c) 1002(d)37:301(b) (1st sentence, less last 75 words).37:301(b) (last 75 words of 1st sentence).37:301(b) (less 1st sentence).37:301(e) (as applicable to duty without pay).Oct. 12, 1949, ch. 681, § 501(b), (e) (as applicable to duty without pay), 63 Stat. 826, 827; Aug. 10, 1956, ch. 1041, § 20(f), 70A Stat. 629; June 30, 1960, Pub. L. 86–559, § 8, 74 Stat. 282; Aug. 25, 1961, Pub. L. 87–164, 75 Stat. 401.

In subsection (a), the words “A member of the National Guard, or of a reserve component” are substituted for the enumeration of those reserve categories to conform to other sections of this revised title.

In subsection (b), the words “section 404(a)–(d), and (f), of this title” are substituted for the words “section 253(a) of this title” to reflect the section of this revised title which restates that section.

Subsection (d) is substituted for section 301(e) of existing title 37.

Editorial Notes

Amendments1991–2025 · 6 rounds

2025

Pub. L. 119–60, § 601(h)(1), substituted “; members of the National Guard; members of the Space Force” for “and members of National Guard” in section catchline. Catchline text was editorially conformed to the style used in this title.

Subsec. (a). Pub. L. 119–60, § 601(h)(2), substituted “of a reserve component of a uniformed service, or of the Space Force” for “of the National Guard, or of a reserve component of a uniformed service,” and “the consent of the member” for “his consent”.

Subsec. (c). Pub. L. 119–60, § 601(h)(3), inserted “or the Space Force” after “of a reserve component”.

2022

Subsec. (b)(1). Pub. L. 117–263 substituted “section 452” for “section 474(a)–(d), and (f),”.

2013

Subsec. (b)(1). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.

2011

Subsec. (b)(1). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404”.

1999

Subsec. (b). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2).

1991

Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1076(a), , 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective , and as if included in Pub. L. 112–81 as enacted.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, § 672(c), , 113 Stat. 674, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as of , as if included in section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 432 [amending section 6323 of Title 5, Government Organization and Employees]).”

Credits

1962–2025 · 7 acts
  1. 1962Pub. L. 87–649, , 76 Stat. 489
  2. 1991Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117
  3. 1999Pub. L. 106–65, div. A, title VI, § 672(a), , 113 Stat. 674
  4. 2011Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), , 125 Stat. 1465
  5. 2013Pub. L. 112–239, div. A, title X, § 1076(a)(9), , 126 Stat. 1948
  6. 2022Pub. L. 117–263, div. A, title VI, § 626(h)(7), , 136 Stat. 2630
  7. 2025Pub. L. 119–60, div. A, title VI, § 601(h), , 139 Stat. 905.
Show as published

(Pub. L. 87–649, , 76 Stat. 489; Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117; Pub. L. 106–65, div. A, title VI, § 672(a), , 113 Stat. 674; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), , 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), , 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(7), , 136 Stat. 2630; Pub. L. 119–60, div. A, title VI, § 601(h), , 139 Stat. 905.)

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USLM identifier /us/usc/t37/s1002