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119th Congress

Title 37 — Pay and Allowances of the Uniformed Services

Chapter 3 — Basic Pay

§ 204. Entitlement

Statutory text

(a)

The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—

(1)

a member of a uniformed service who is on active duty; and

(2)

a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32.

(b)

For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.

(c)
(1)

A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit.

(2)

Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph.

(3)

The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessary to carry out this subsection.

(d)

Full-time training, training duty with pay, or other full-time duty performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, is active duty for the purposes of this section.

(e)

A payment accruing under any law to a member of a uniformed service incident to his release from active duty or for his return home incident to that release may be paid to him before his departure from his last duty station, whether or not he actually performs the travel involved. If a member receives a payment under this subsection but dies before that payment would have been made but for this subsection, no part of that payment may be recovered by the United States.

(f)

A cadet of the United States Military Academy or the United States Air Force Academy, or a midshipman of the United States Naval Academy, who, upon graduation from one of those academies, is appointed as a second lieutenant of the Army or the Air Force is entitled to the basic pay of pay grade O–1 beginning upon the date of his graduation.

(g)
(1)

A member of a reserve component of a uniformed service, or a member of the Space Force in space force active status not on sustained duty, is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated—

(A)

in line of duty while performing active duty;

(B)

in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service);

(C)

while traveling directly to or from such duty or training;

(D)

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

(E)

in line of duty while—

(i)

serving on funeral honors duty under section 12503 of title 10 or section 115 of title 32;

(ii)

traveling to or from the place at which the duty was to be performed; or

(iii)

remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence.

(2)

In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income. In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.

(h)
(1)

A member of a reserve component of a uniformed service who is physically able to perform his military duties, is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service, or a member of the Space Force in space force active status not on sustained duty, of corresponding grade and length of service for each month for which the member demonstrates a loss of earned income from nonmilitary employment or self-employment as a result of an injury, illness, or disease incurred or aggravated—

(A)

in line of duty while performing active duty;

(B)

in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service);

(C)

while traveling directly to or from such duty or training;

(D)

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

(E)

in line of duty while—

(i)

serving on funeral honors duty under section 12503 of title 10 or section 115 of title 32;

(ii)

traveling to or from the place at which the duty was to be performed; or

(iii)

remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence.

(2)

The monthly entitlement may not exceed the member’s demonstrated loss of earned income from nonmilitary or self-employment. In calculating such loss of income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.

(i)
(1)

The total amount of pay and allowances paid under subsections (g) and (h) and compensation paid under section 206(a) of this title for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for that period.

(2)

Pay and allowances may not be paid under subsection (g) or (h) for a period of more than six months. The Secretary concerned may extend such period in any case if the Secretary determines that it is in the interests of fairness and equity to do so.

(3)

A member is not entitled to benefits under subsection (g) or (h) if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member.

(4)

Regulations with respect to procedures for paying pay and allowances under subsections (g) and (h) shall be prescribed—

(A)

by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary; and

(B)

by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(j)

A member of the uniformed services who is entitled to medical or dental care under section 1074a of title 10 is entitled to travel and transportation allowances, or a monetary allowance in place thereof, for necessary travel incident to such care, and return to his home upon discharge from treatment.

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. § 204

    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 457

    Source evidence

    Code source credit
    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 457

  2. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 506(4) · 94 Stat. 2835

    Substituted · 37 U.S.C. § 204(a)

    Pub. L. 96–513 substituted “The following persons” for “Except for members covered by section 202(i) of this title, the following persons”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–513 substituted “The following persons” for “Except for members covered by section 202(i) of this title, the following persons”.

    Enacted provision · exact public law section
    (4) Section 204(a) is amended by striking out “Except for 37 USC 204. members covered by section 202(i) of this title, the” and inserting in lieu thereof “The”.

  3. Department of Defense Authorization Act, 1984

    Pub. L. 98–94 title X § 1012(b) · 97 Stat. 614

    Added · 37 U.S.C. § 204(j)

    Pub. L. 98–94 added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 98–94 added subsec. (j).

  4. Goldwater-Nichols Department of Defense Reorganization Act of 1986

    Pub. L. 99–433 title V § 531(b) · 100 Stat. 992

    Substituted · 37 U.S.C. § 204(a)(2)

    Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively.

    Enacted provision · exact public law section
    (b) Amendments to Title 37.— Section 204((a)(2) of title 37, United States Code, is amended by striking out “3033” and “8033” and inserting in lieu thereof “3021” and “8021”, respectively.

  5. National Defense Authorization Act for Fiscal Year 1987

    Pub. L. 99–661 § 604(b)(1) · 100 Stat. 3816

    Amended · 37 U.S.C. § 204(g)

    Pub. L. 99–661, § 604(b)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of the Army or the Air Force (other than of the Regular Army or the Regular Air Force) is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever—

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 99–661, § 604(b)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of the Army or the Air Force (other than of the Regular Army or the Regular Air Force) is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever—

    “(1) he is called or ordered to active duty (other than for training under section 270(b) of title 10) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or “(2) he is called or ordered to active duty, or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed.”

  6. National Defense Authorization Act for Fiscal Year 1987

    Pub. L. 99–661 § 604(b)(1) · 100 Stat. 3816

    Amended · 37 U.S.C. § 204(h)

    Pub. L. 99–661, § 604(b)(1), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “A member of the National Guard is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of title 32—

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 99–661, § 604(b)(1), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “A member of the National Guard is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of title 32—

    “(1) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or “(2) for any period of time, and is disabled in line of duty from injury while so employed.”

  7. National Defense Authorization Act for Fiscal Year 1987

    Pub. L. 99–661 § 604(b)(2) · 100 Stat. 3816

    1. Redesignated · 37 U.S.C. § 204(i); 37 U.S.C. § 204(j)

      Pub. L. 99–661, § 604(b)(2), (3), redesignated subsec. (j) as (i)

    2. Struck · 37 U.S.C. § 204(i); 37 U.S.C. § 204(j)

      Pub. L. 99–661, § 604(b)(2), (3), struck out former subsec. (i) which read as follows: “A member of the Naval Reserve, Fleet Reserve, Marine Corps Reserve, Fleet Marine Corps Reserve, or Coast Guard Reserve is entitled to the pay and allowances provided by law or regulation for a member of the Regular Navy, Regular Marine Corps, or Regular Coast Guard, as the case may be, of corresponding grade and length of service, under the same conditions as those described in clauses (1) and (2) of subsection (g) of this section.”

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 99–661, § 604(b)(2), (3), redesignated subsec. (j) as (i) and struck out former subsec. (i) which read as follows: “A member of the Naval Reserve, Fleet Reserve, Marine Corps Reserve, Fleet Marine Corps Reserve, or Coast Guard Reserve is entitled to the pay and allowances provided by law or regulation for a member of the Regular Navy, Regular Marine Corps, or Regular Coast Guard, as the case may be, of corresponding grade and length of service, under the same conditions as those described in clauses (1) and (2) of subsection (g) of this section.”

  8. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 § 631(a) · 102 Stat. 1918

    Amended · 37 U.S.C. § 204(g)

    Pub. L. 100–456, § 631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member—

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 100–456, § 631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member—

    “(1) is called or ordered to active duty for a period of more than 30 days; and “(2) is physically disabled in line of duty from injury, illness, or disease.”

    Enacted provision · exact public law section
    (a) Authorization of Compensation.— Subsections (g) and (h) of section 204 of title 37, United States Code, are amended to read as follows: “(g) (1) A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated— “(A) in line of duty while performing active duty; “(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); or “(C) while traveling directly to or from such duty or training. “(2) In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income. In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered. “(h) (1) A member of a reserve component of a uniformed service who is physically able to perform his military duties, is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of earned income from nonmilitary employment or self-employment as a result of an injury, illness, or disease incurred or aggravated— “(A) in line of duty while performing active duty; “(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); or “(C) while traveling directly to or from such duty or training. “(2) The monthly entitlement may not exceed the member’s demonstrated loss of earned income from nonmilitary or self-employment. In calculating such loss of income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.”.

  9. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 § 631(a) · 102 Stat. 1918

    1. Amended · 37 U.S.C. § 204(h)

      Pub. L. 100–456, § 631(a), amended subsec. (h) generally

    2. Substituted · 37 U.S.C. § 204(h)

      Pub. L. 100–456, § 631(a), substituting pars. (1) and (2) for former pars. (1) to (5)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 100–456, § 631(a), amended subsec. (h) generally, substituting pars. (1) and (2) for former pars. (1) to (5).

    Enacted provision · exact public law section
    (a) Authorization of Compensation.— Subsections (g) and (h) of section 204 of title 37, United States Code, are amended to read as follows: “(g) (1) A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated— “(A) in line of duty while performing active duty; “(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); or “(C) while traveling directly to or from such duty or training. “(2) In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income. In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered. “(h) (1) A member of a reserve component of a uniformed service who is physically able to perform his military duties, is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of earned income from nonmilitary employment or self-employment as a result of an injury, illness, or disease incurred or aggravated— “(A) in line of duty while performing active duty; “(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); or “(C) while traveling directly to or from such duty or training. “(2) The monthly entitlement may not exceed the member’s demonstrated loss of earned income from nonmilitary or self-employment. In calculating such loss of income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.”.

  10. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 § 631(b) · 102 Stat. 1918

    1. Added · 37 U.S.C. § 204(i); 37 U.S.C. § 204(j)

      Pub. L. 100–456, § 631(b), added subsec. (i)

    2. Redesignated · 37 U.S.C. § 204(i); 37 U.S.C. § 204(j)

      Pub. L. 100–456, § 631(b), redesignated former subsec. (i) as (j)

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 100–456, § 631(b), added subsec. (i) and redesignated former subsec. (i) as (j).

    Enacted provision · exact public law section
    (b) Limit on Total Compensation.— Such section is further amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection (i): “(i) (1) The total amount of pay and allowances paid under subsections (g) and (h) and compensation paid under section 206(a) of this title for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for that period. “(2) Pay and allowances may not be paid under subsection (g) or (h) for a period of more than six months. The Secretary concerned may extend such period in any case if the Secretary determines that it is in the interests of fairness and equity to do so. “(3) A member is not entitled to benefits under subsection (g) or (h) if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member. “(4) Regulations with respect to procedures for paying pay and Regulations. allowances under subsections (g) and (h) shall be prescribed— “(A) by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary; and “(B) by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.”.

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

    Pub. L. 102–25 title VII § 701(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 204(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) in subparagraph (B), by striking out “$500,000” and all that follows through “$100,000” and inserting in lieu thereof “the dollar amount applicable under subparagraph (A) to that contract”;

  12. Reserve Officer Personnel Management Act

    Pub. L. 103–337 div. A title XVI § 1676(b)(1) · 108 Stat. 2663

    Substituted · 37 U.S.C. § 204(a)(2)

    Pub. L. 103–337 substituted “10302, 10305, 10502, or 12402” for “3021, 3496, 3541, 8021, 8496, or 8541”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–337 substituted “10302, 10305, 10502, or 12402” for “3021, 3496, 3541, 8021, 8496, or 8541”.

    Enacted provision · exact public law section
    (1) Section 204(a)(2) is amended by striking out “section 3021, 3496, 3541, 8021, 8496, or 8541” and inserting in lieu thereof “section 10302,10305, 10502, or 12402”.

  13. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 702(c)(1) · 110 Stat. 186

    Added · 37 U.S.C. § 204(g)(1)(D)

    Pub. L. 104–106, § 702(c)(1), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (g)(1)(D). Pub. L. 104–106, § 702(c)(1), added subpar. (D).

    Enacted provision · exact public law section
    (1) Subsection (g)(1) of section 204 of title 37, United States Code, is amended— (A) in subparagraph (B), by striking out “or” at the end of the subparagraph; (B) in subparagraph (C), by striking out the period at the end of the subparagraph and inserting in lieu thereof “; or”; and (C) by inserting after subparagraph (C) the following new subparagraph: “(D) in line of duty while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site is outside reasonable commuting distance from the member’s residence.”. (2) Subsection (h)(1) of such section is amended— (A) in subparagraph (B), by striking out “or” at the end of the subparagraph; (B) in subparagraph (C), by striking out the period at the end of the subparagraph and inserting in lieu thereof “; or”; and (C) by inserting after subparagraph (C) the following new subparagraph: “(D) in line of duty while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site is outside reasonable commuting distance from the member’s residence.”,

  14. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 702(c)(2) · 110 Stat. 186

    Added · 37 U.S.C. § 204(h)(1)(D)

    Pub. L. 104–106, § 702(c)(2), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (h)(1)(D). Pub. L. 104–106, § 702(c)(2), added subpar. (D).

    Enacted provision · exact public law section
    (c) Entitlement to Basic Pay.— (1) Subsection (g)(1) of section 204 of title 37, United States Code, is amended— (A) in subparagraph (B), by striking out “or” at the end of the subparagraph; (B) in subparagraph (C), by striking out the period at the end of the subparagraph and inserting in lieu thereof “; or”; and (C) by inserting after subparagraph (C) the following new subparagraph: “(D) in line of duty while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site is outside reasonable commuting distance from the member’s residence.”. (2) Subsection (h)(1) of such section is amended— (A) in subparagraph (B), by striking out “or” at the end of the subparagraph; (B) in subparagraph (C), by striking out the period at the end of the subparagraph and inserting in lieu thereof “; or”; and (C) by inserting after subparagraph (C) the following new subparagraph: “(D) in line of duty while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site is outside reasonable commuting distance from the member’s residence.”,

  15. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title V § 513(f) · 111 Stat. 1629

    Inserted · 37 U.S.C. § 204(g)(1)(D); 37 U.S.C. § 204(h)(1)(D)

    Pub. L. 105–85 inserted “while remaining overnight immediately before the commencement of inactive-duty training, or” after “in line of duty”

    Source evidence

    Code amendment note
    Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 105–85 inserted “while remaining overnight immediately before the commencement of inactive-duty training, or” after “in line of duty”.

    Enacted provision · exact public law section
    (f) Entitlement to Basic Pay.— Section 204 of title 37, United States Code, is amended by inserting “while remaining overnight immediately before the commencement of inactive-duty training, or” in subsections (g)(1)(D) and (h)(1)(D) after “in line of duty”.

  16. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Added · 37 U.S.C. § 204(g)(1)(E)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)(1)], added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (g)(1)(E). Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)(1)], added subpar. (E).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  17. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Added · 37 U.S.C. § 204(h)(1)(E)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)(2)], added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (h)(1)(E). Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)(2)], added subpar. (E).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  18. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title V § 513(d) · 115 Stat. 1012

    Struck · 37 U.S.C. § 204(g)(1)(D); 37 U.S.C. § 204(h)(1)(D)

    Pub. L. 107–107 struck out “, if the site is outside reasonable commuting distance from the member’s residence” before semicolon

    Source evidence

    Code amendment note
    Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 107–107 struck out “, if the site is outside reasonable commuting distance from the member’s residence” before semicolon.

    Enacted provision · exact public law section
    (d) Entitlement to Basic Pay.— Subsections (g)(1)(D) and (h)(1)(D) of section 204 of title 37, United States Code, are amended by striking “, if the site is outside reasonable commuting distance from the member’s residence”.

  19. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(c) · 116 Stat. 2135

    Substituted · 37 U.S.C. § 204(i)(4)(B)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsec. (i)(4)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (c) Title 37, United States Code.— Title 37, United States Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

    Effective date note
    Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

  20. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. A title VI § 602 · 127 Stat. 672

    Amended · 37 U.S.C. § 204(c)

    Pub. L. 113–66 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date when he appears at the place of company rendezvous. However, this subsection does not authorize any expenditure before arriving at the place of rendezvous that is not authorized by law to be paid after arrival at that place.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–66 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date when he appears at the place of company rendezvous. However, this subsection does not authorize any expenditure before arriving at the place of rendezvous that is not authorized by law to be paid after arrival at that place.”

    Enacted provision · exact public law section
    SEC. 602. RECOGNITION OF ADDITIONAL MEANS BY WHICH MEMBERS OF THE NATIONAL GUARD CALLED INTO FEDERAL SERVICE FOR A PERIOD OF 30 DAYS OR LESS MAY INITIALLY REPORT FOR DUTY FOR ENTITLEMENT TO BASIC PAY.   Subsection (c) of section 204 of title 37, United States Code, is amended to read as follows: “(c) (1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit. “(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph. “(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessary to carry out this subsection.” .

  21. Pub. L. 119–60 div. A title VI § 601(b)(2) · 139 Stat. 901

    Inserted · 37 U.S.C. § 204(g)(1); 37 U.S.C. § 204(h)(1)

    Pub. L. 119–60 inserted “, or a member of the Space Force in space force active status not on sustained duty,” after “of a reserve component of a uniformed service”

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

    Source evidence

    Code amendment note
    Subsecs. (g)(1), (h)(1). Pub. L. 119–60 inserted “, or a member of the Space Force in space force active status not on sustained duty,” after “of a reserve component of a uniformed service”.

17 of 24 references resolved to an enrolled provision · 6 partial · 1 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
204(a) 204(b) 204(c) 204(d) 204(e)37:232(d) (1st sentence, less provisos).37:232(d) (1st proviso of 1st sentence).37:232(d) (2d proviso of 1st sentence).37:232(d) (last proviso of 1st sentence).37:232(d) (less 1st sentence).Oct. 12, 1949, ch. 681, § 201(d), 63 Stat. 807; redesignated as “(d)” by Mar. 31, 1955, ch. 20, § 2(2), 69 Stat. 19; Aug. 10, 1956, ch. 1041, § 20(a), 70A Stat. 627; May 20, 1958, Pub. L. 85–422, § 1(4), 72 Stat. 124.
204(f)37:308a.Dec. 20, 1886, ch. 2, 24 Stat. 351; June 2, 1950, ch. 217, § 2, 64 Stat. 195.
204(g)10:3687 (as applicable to pay and allowances).[None.]
 10:8687 (as applicable to pay and allowances).[None.]
204(h)32:318 (as applicable to pay and allowances).[None.]
204(i)10:6148(a) (as applicable to pay and allowances).[None.]
 10:6148(b) (as applicable to pay and allowances).[None.]

[The citations to section 232(d) of existing title 37, above, are to the language of subsection (d) set forth in the codification note under section 232, rather than that erroneously set forth in the text of the section.]

In subsection (a), the last 27 words are substituted for the words “or performance of the duties provided for by sections 5, 81, 94, 97 and 99 of the National Defense Act, as amended,” to reflect the current citations. So much of the introductory clause as follows the exception is substituted for the 36 words preceding 1st proviso of 1st sentence of section 232(d) of existing title 37. The words “on the active list” are omitted as covered by the words “active duty” as defined in section 101(18) of this revised title. The words “(provided for or authorized in the National Defense Act, as amended, or in the Naval Reserve Act of 1938, as amended)” are omitted as covered by the words “provided by law”.

In subsection (b), the words “For the purposes of subsection (a)” are inserted for clarity. The words “active duty for a period of more than 30 days” are substituted for the words “extended active duty in excess of thirty days”. The words “call or” are inserted to conform to the words “called or”.

In subsection (c), the words “and allowances” are omitted, since, under chapter 7 of this revised title, entitlement to allowances depends upon entitlement to basic pay. The last sentence is substituted for the last 38 words of the 2d proviso of the 1st sentence of section 232(d) of existing title 37.

In subsection (d), the words “for the purposes of this section” are substituted for the words “and which entitles them to receive basic pay . . . in the service of the United States”. The words “pursuant to this section” are omitted as surplusage.

In subsection (e), the words “or active duty for training” are omitted as covered by the words “active duty” as defined in section 101(18) of this revised title.

In subsection (f), the words “is appointed” are substituted for the words “has been or may be commissioned”. The words “under the laws appointing such graduates to the Army” and the last 16 words of section 308a of existing title 37 are omitted as surplusage. The words “to the date of his acceptance of and qualification under his commission” are omitted, since the member concerned would continue to be entitled to basic pay after that acceptance and qualification. The words “or the United States Naval Academy” are inserted to reflect section 541 of title 10, under which graduates of that Academy may be appointed in the Army or the Air Force.

In subsection (i), the inclusion of the Coast Guard Reserve is based on the authority contained in section 755(c) of title 14.

Editorial Notes

Amendments1980–2025 · 13 rounds

2025

Subsecs. (g)(1), (h)(1). Pub. L. 119–60 inserted “, or a member of the Space Force in space force active status not on sustained duty,” after “of a reserve component of a uniformed service”.

2013

Subsec. (c). Pub. L. 113–66 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date when he appears at the place of company rendezvous. However, this subsection does not authorize any expenditure before arriving at the place of rendezvous that is not authorized by law to be paid after arrival at that place.”

2002

Subsec. (i)(4)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

2001

Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 107–107 struck out “, if the site is outside reasonable commuting distance from the member’s residence” before semicolon.

2000

Subsec. (g)(1)(E). Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)(1)], added subpar. (E).

Subsec. (h)(1)(E). Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)(2)], added subpar. (E).

1997

Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 105–85 inserted “while remaining overnight immediately before the commencement of inactive-duty training, or” after “in line of duty”.

1996

Subsec. (g)(1)(D). Pub. L. 104–106, § 702(c)(1), added subpar. (D).

Subsec. (h)(1)(D). Pub. L. 104–106, § 702(c)(2), added subpar. (D).

1994

Subsec. (a)(2). Pub. L. 103–337 substituted “10302, 10305, 10502, or 12402” for “3021, 3496, 3541, 8021, 8496, or 8541”.

1991

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

1988

Subsec. (g). Pub. L. 100–456, § 631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member—

“(1) is called or ordered to active duty for a period of more than 30 days; and

“(2) is physically disabled in line of duty from injury, illness, or disease.”

Subsec. (h). Pub. L. 100–456, § 631(a), amended subsec. (h) generally, substituting pars. (1) and (2) for former pars. (1) to (5).

Subsecs. (i), (j). Pub. L. 100–456, § 631(b), added subsec. (i) and redesignated former subsec. (i) as (j).

1986

Subsec. (a)(2). Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively.

Subsec. (g). Pub. L. 99–661, § 604(b)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of the Army or the Air Force (other than of the Regular Army or the Regular Air Force) is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever—

“(1) he is called or ordered to active duty (other than for training under section 270(b) of title 10) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

“(2) he is called or ordered to active duty, or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed.”

Subsec. (h). Pub. L. 99–661, § 604(b)(1), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “A member of the National Guard is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of title 32—

“(1) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

“(2) for any period of time, and is disabled in line of duty from injury while so employed.”

Subsecs. (i), (j). Pub. L. 99–661, § 604(b)(2), (3), redesignated subsec. (j) as (i) and struck out former subsec. (i) which read as follows: “A member of the Naval Reserve, Fleet Reserve, Marine Corps Reserve, Fleet Marine Corps Reserve, or Coast Guard Reserve is entitled to the pay and allowances provided by law or regulation for a member of the Regular Navy, Regular Marine Corps, or Regular Coast Guard, as the case may be, of corresponding grade and length of service, under the same conditions as those described in clauses (1) and (2) of subsection (g) of this section.”

1983

Subsec. (j). Pub. L. 98–94 added subsec. (j).

1980

Subsec. (a). Pub. L. 96–513 substituted “The following persons” for “Except for members covered by section 202(i) of this title, the following persons”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A], title VI, § 665(c)(1)], , 114 Stat. 1654, 1654A–169, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [].”

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1988 Amendment

Pub. L. 100–456, div. A, title VI, § 631(d), , 102 Stat. 1985, provided that: “The amendments made by this section [amending this section and section 206 of this title] shall apply with respect to persons who, after the date of enactment of this Act [], incur or aggravate an injury, illness, or disease, or who die as the result of incurring or aggravating an injury, illness, or disease.”

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–94 applicable only in cases of injuries incurred or aggravated on or after , see section 1012(c) of Pub. L. 98–94, set out as an Effective Date note under section 1074a of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Credits

1962–2025 · 15 acts
  1. 1962Pub. L. 87–649, , 76 Stat. 457
  2. 1980Pub. L. 96–513, title V, § 506(4), , 94 Stat. 2919
  3. 1983Pub. L. 98–94, title X, § 1012(b), , 97 Stat. 665
  4. 1986Pub. L. 99–433, title V, § 531(b), , 100 Stat. 1063
  5. 1986Pub. L. 99–661, div. A, title VI, § 604(b), , 100 Stat. 3875
  6. 1988Pub. L. 100–456, div. A, title VI, § 631(a), (b), , 102 Stat. 1984, 1985
  7. 1991Pub. L. 102–25, title VII, § 701(b)(1), (c), , 105 Stat. 117
  8. 1994Pub. L. 103–337, div. A, title XVI, § 1676(b)(1), , 108 Stat. 3019
  9. 1996Pub. L. 104–106, div. A, title VII, § 702(c), , 110 Stat. 371
  10. 1997Pub. L. 105–85, div. A, title V, § 513(f), , 111 Stat. 1732
  11. 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)], , 114 Stat. 1654, 1654A–168
  12. 2001Pub. L. 107–107, div. A, title V, § 513(d), , 115 Stat. 1093
  13. 2002Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314
  14. 2013Pub. L. 113–66, div. A, title VI, § 602, , 127 Stat. 779
  15. 2025Pub. L. 119–60, div. A, title VI, § 601(b)(2), , 139 Stat. 901.
Show as published

(Pub. L. 87–649, , 76 Stat. 457; Pub. L. 96–513, title V, § 506(4), , 94 Stat. 2919; Pub. L. 98–94, title X, § 1012(b), , 97 Stat. 665; Pub. L. 99–433, title V, § 531(b), , 100 Stat. 1063; Pub. L. 99–661, div. A, title VI, § 604(b), , 100 Stat. 3875; Pub. L. 100–456, div. A, title VI, § 631(a), (b), , 102 Stat. 1984, 1985; Pub. L. 102–25, title VII, § 701(b)(1), (c), , 105 Stat. 117; Pub. L. 103–337, div. A, title XVI, § 1676(b)(1), , 108 Stat. 3019; Pub. L. 104–106, div. A, title VII, § 702(c), , 110 Stat. 371; Pub. L. 105–85, div. A, title V, § 513(f), , 111 Stat. 1732; Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)], , 114 Stat. 1654, 1654A–168; Pub. L. 107–107, div. A, title V, § 513(d), , 115 Stat. 1093; Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314; Pub. L. 113–66, div. A, title VI, § 602, , 127 Stat. 779; Pub. L. 119–60, div. A, title VI, § 601(b)(2), , 139 Stat. 901.)

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