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119th Congress

Title 37 — Pay and Allowances of the Uniformed Services

Chapter 5 — Special and Incentive Pays

§ 302c. Special pay: psychologists and nonphysician health care providers

Statutory text

(a)

Public Health Service Corps.—

A member who is—

(1)

an officer in the Regular or Reserve Corps 1 of the Public Health Service and is designated as a psychologist; and

(2)

has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology,

is entitled to special pay, as provided in subsection (b).

(b)

Rate of Special Pay.—

The rate of special pay to which an officer is entitled pursuant to subsection (a) shall be—

(1)

$2,000 per year, if the officer has less than 10 years of creditable service;

(2)

$2,500 per year, if the officer has at least 10 but less than 12 years of creditable service;

(3)

$3,000 per year, if the officer has at least 12 but less than 14 years of creditable service;

(4)

$4,000 per year, if the officer has at least 14 but less than 18 years of creditable service; or

(5)

$5,000 per year, if the officer has 18 or more years of creditable service.

(c)

Army, Navy, and Air Force Psychologists.—

The Secretary of Defense may provide special pay at the rates specified in subsection (b) to an officer who—

(1)

is an officer in the Medical Service Corps of the Army or Navy or a biomedical sciences officer in the Air Force;

(2)

is designated as a psychologist; and

(3)

has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology.

(d)

Nonphysician Health Care Providers.—

The Secretary concerned may authorize the payment of special pay at the rates specified in subsection (b) to an officer who—

(1)

is an officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force, an officer in the Army Medical Specialist Corps, an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant, or an officer in the Regular or Reserve Corps 1 of the Public Health Service;

(2)

is a health care provider (other than a psychologist);

(3)

has a postbaccalaureate degree; and

(4)

is certified by a professional board in the officer’s specialty.

Footnotes

  1. 1 See Change of Name note below.

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. 100–140 § 2(a) · 101 Stat. 830

    Enacted · 37 U.S.C. § 302c

    Added Pub. L. 100–140, § 2(a), Oct. 26, 1987, 101 Stat. 830

    Source evidence

    Code source credit
    Added Pub. L. 100–140, § 2(a), Oct. 26, 1987, 101 Stat. 830

    Enacted provision · exact public law section
    (a) Special Pay.— Chapter 5 of title 37, United States Code, is amended by inserting after section 302b the following new section: “§ 302c. Special pay: psychologists in the Public Health Service Corps “(a) A member who is— “(1) an officer in the Regular or Reserve Corps of the Public Health Service and is designated as a psychologist; and “(2) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology, is entitled to special pay, as provided in subsection (b). “(b) The rate of special pay to which an officer is entitled pursuant to subsection (a) shall be— “(1) $2,000 per year, if the officer has less than 10 years of creditable service; “(2) $2,500 per year, if the officer has at least 10 but less than 12 years of creditable service; “(3) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service; “(4) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service; or “(5) $5,000 per year, if the officer has 18 or more years of creditable service.”.

  2. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 704(b)(1) · 103 Stat. 1352

    Struck · 37 U.S.C. § 302c

    Pub. L. 101–189, § 704(b)(1), struck out “in the Public Health Service Corps” after “psychologists” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 101–189, § 704(b)(1), struck out “in the Public Health Service Corps” after “psychologists” in section catchline.

    Enacted provision · exact public law section
    (1) The section heading of such section is amended by striking out “in the Public Health Service Corps”.

  3. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 704(c) · 103 Stat. 1352

    Inserted · 37 U.S.C. § 302c(a); 37 U.S.C. § 302c(b)

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

    Source evidence

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

    Enacted provision · exact public law section
    (c) Stylistic Amendments.— Such section is further amended— (1) by inserting “Public Health Service Corps.—” in subsection (a) after “(ar; and (2) by inserting “Rate of Special Pay.—” in subsection (b) after “(b)”.

  4. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 704(a) · 103 Stat. 1352

    Added · 37 U.S.C. § 302c(c)

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) Special Pay Authorized.— Section 302c of title 37, United States Code, is amended by adding at the end the following new subsection: “(c) Army, Navy, and Air Force Psychologists.— The Secretary of Defense may provide special pay at the rates specified in subsection (b) to an officer who— “(1) is an officer in the Medical Service Corps of the Army or Navy or a biomedical sciences officer in the Air Force; “(2) is designated as a psychologist; and “(3) has been awarded a diploma as a Diplomata in Psychology by the American Board of Professional Psychology.”.

  5. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title VI § 618(a) · 104 Stat. 1485

    Added · 37 U.S.C. § 302c(d)

    Pub. L. 101–510 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–510 added subsec. (d).

    Enacted provision · exact public law section
    (a) Special Pay Authorized.— Section 302c of title 37, United States Code, is amended by adding at the end the following new subsection: “(d) Nonphysician Health Care Providers.— The Secretary of Defense may authorize the payment of special pay at the rates specified in subsection (b) to an officer who— “(1) is an officer in the Medical Services Corps of the Army or Navy or a biomedical sciences officer in the Air Force; “(2) is a health care provider (other than a psychologist); “(3) has a postbaccalaureate degree; and “(4) is certified by a professional board in the officer’s specialty.”.

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

    Pub. L. 102–25 title VII § 702(a)(2)(A) · 105 Stat. 75

    Amended · 37 U.S.C. § 302c

    Pub. L. 102–25 amended section catchline generally

    Source evidence

    Code amendment note
    Pub. L. 102–25 amended section catchline generally.

    Enacted provision · exact public law section
    (A) The heading of section 302c is amended to read as follows: “§ 302c. Special pay: psychologists and nonphysician health care providers”.

  7. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 div. A title VI § 611 · 106 Stat. 2315

    1. Substituted · 37 U.S.C. § 302c(d)(1)

      Pub. L. 102–484 substituted “Navy,” for “Navy or”

    2. Inserted · 37 U.S.C. § 302c(d)(1)

      Pub. L. 102–484 inserted before semicolon at end “, or an officer in the Army Medical Specialist Corps”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 102–484 substituted “Navy,” for “Navy or” and inserted before semicolon at end “, or an officer in the Army Medical Specialist Corps”.

    Enacted provision · exact public law section
    SEC. 611. CLARIFICATION OF AUTHORITY TO PROVIDE SPECIAL PAY FOR NONPHYSICIAN HEALTH CARE PROVIDERS. Section 302c(d)(1) of title 37, United States Code, is amended— (1) by striking out “Navy or” and inserting in lieu thereof “Navy,”; and (2) by inserting before the semicolon the following: “, or an officer in the Army Medical Specialist Corps”.

  8. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title VI § 617 · 110 Stat. 186

    Struck and inserted · 37 U.S.C. § 302c(d)(1)

    Pub. L. 104–106 struck out “or” after “Air Force,” and inserted “, an officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse” before semicolon at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–106 struck out “or” after “Air Force,” and inserted “, an officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse” before semicolon at end.

    Enacted provision · exact public law section
    SEC. 617. CLARIFICATION OF AUTHORITY TO PROVIDE SPECIAL PAY FOR NURSES. Section 302c(d)(1) of title 37, United States Code, is amended— (1) by striking out “or” after “Air Force,”; and (2) by inserting before the semicolon the following: “, an officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse”.

  9. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 614(b)(1) · 110 Stat. 2422

    Substituted · 37 U.S.C. § 302c(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking out “Secretary of Defense” and inserting in lieu thereof “Secretary concerned”; and

    Effective date note
    Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

  10. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 614(b)(2)(B) · 110 Stat. 2422

    1. Amended · 37 U.S.C. § 302c(d)(1)

      Pub. L. 104–201, § 614(b)(2)(B), as amended by Pub. L. 105–85

    2. Inserted · 37 U.S.C. § 302c(d)(1)

      Pub. L. 104–201, § 614(b)(2)(B), as inserted before semicolon at end “, or an officer in the Regular or Reserve Corps of the Public Health Service”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 104–201, § 614(b)(2)(B), as amended by Pub. L. 105–85, inserted before semicolon at end “, or an officer in the Regular or Reserve Corps of the Public Health Service”.

    Enacted provision · exact public law section
    (B) by inserting before the period at the end the following: “, or an officer in the Regular or Reserve Corps of the Public Health Service”.

    Effective date note
    Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

  11. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 614(b)(2)(A) · 110 Stat. 2422

    Struck · 37 U.S.C. § 302c(d)(1)

    Pub. L. 104–201, § 614(b)(2)(A), struck out “or” after “Nurse Corps of the Army or Navy,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–201, § 614(b)(2)(A), struck out “or” after “Nurse Corps of the Army or Navy,”.

    Enacted provision · exact public law section
    (A) by striking out “or” the third place it appears; and

    Effective date note
    Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

  12. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title X § 1073(c)(5) · 111 Stat. 1629

    Changed · 37 U.S.C. § 302c(d)(1)

    Pub. L. 105–85 made technical correction to directory language of Pub. L. 104–201, § 614(b)(2)(B). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 105–85 made technical correction to directory language of Pub. L. 104–201, § 614(b)(2)(B). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (5) Section 614(b)(2)(B) (110 Stat. 2544) is amended by striking out “the period” and inserting in lieu thereof “the semicolon”.

    Effective date note
    Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

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

    Inserted · 37 U.S.C. § 302c(d)(1)

    Pub. L. 106–398 inserted “an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant,” after “nurse,”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 106–398 inserted “an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant,” after “nurse,”.

    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.

  14. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title X § 1063(b) · 122 Stat. 3

    Substituted · 37 U.S.C. § 302c(d)(1)

    Pub. L. 110–181 substituted “Service Corps” for “Services Corps”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 110–181 substituted “Service Corps” for “Services Corps”.

    Enacted provision · exact public law section
    (b) Title 37, United States Code.— Section 302c(d)(1) of title 37, United States Code, is amended by striking “Services Corps” and inserting “Service Corps”.

16 of 16 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 302c, added Pub. L. 96–284, § 3(a)(1), , 94 Stat. 589, related to special pay for medical officers of the Public Health Service, prior to repeal by Pub. L. 96–513, title IV, § 414(a), , 94 Stat. 2906, eff. .

Amendments1989–2008 · 8 rounds

2008

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

2000

Subsec. (d)(1). Pub. L. 106–398 inserted “an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant,” after “nurse,”.

1997

Subsec. (d)(1). Pub. L. 105–85 made technical correction to directory language of Pub. L. 104–201, § 614(b)(2)(B). See 1996 Amendment note below.

1996

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

Subsec. (d)(1). Pub. L. 104–201, § 614(b)(2)(B), as amended by Pub. L. 105–85, inserted before semicolon at end “, or an officer in the Regular or Reserve Corps of the Public Health Service”.

Pub. L. 104–201, § 614(b)(2)(A), struck out “or” after “Nurse Corps of the Army or Navy,”.

Pub. L. 104–106 struck out “or” after “Air Force,” and inserted “, an officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse” before semicolon at end.

1992

Subsec. (d)(1). Pub. L. 102–484 substituted “Navy,” for “Navy or” and inserted before semicolon at end “, or an officer in the Army Medical Specialist Corps”.

1991

Pub. L. 102–25 amended section catchline generally.

1990

Subsec. (d). Pub. L. 101–510 added subsec. (d).

1989

Pub. L. 101–189, § 704(b)(1), struck out “in the Public Health Service Corps” after “psychologists” in section catchline.

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

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

Statutory Notes and Related Subsidiaries

Change of Name

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

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title X, § 1073(c), , 111 Stat. 1904, provided that the amendment made by that section is effective as of , and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

Effective Date

Pub. L. 100–140, § 2(c), , 101 Stat. 831, provided that: “The amendments made by this section [enacting this section and amending section 303a of this title] shall take effect on or on the date of the enactment of this Act [], whichever is later, and shall apply with respect to pay periods beginning on or after that effective date.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Implementation of Subsection (d)

Pub. L. 101–510, div. A, title VI, § 618(b), , 104 Stat. 1579, provided that:

“The Secretary of Defense may not implement subsection (d) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report—

“(1)

justifying the need of the military departments for the authority provided in such subsection; and

“(2)

describing the manner in which that authority will be implemented.”

[Report submitted to Committees on .]

Implementation of Special Pay for Army, Navy, and Air Force Psychologists

Pub. L. 101–189, div. A, title VII, § 704(d), , 103 Stat. 1471, provided that:

“The Secretary of Defense may not implement subsection (c) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report—

“(1)

justifying the need of the military departments for the authority provided in such subsection; and

“(2)

describing the manner in which that authority will be implemented.”

[Report submitted to Committees on .]

Credits

1987–2008 · 10 acts
  1. 1987Added Pub. L. 100–140, § 2(a), , 101 Stat. 830
  2. 1989amended Pub. L. 101–189, div. A, title VII, § 704(a), (b)(1), (c), , 103 Stat. 1471
  3. 1990Pub. L. 101–510, div. A, title VI, § 618(a), , 104 Stat. 1579
  4. 1991Pub. L. 102–25, title VII, § 702(a)(2)(A), , 105 Stat. 117
  5. 1992Pub. L. 102–484, div. A, title VI, § 611, , 106 Stat. 2420
  6. 1996Pub. L. 104–106, div. A, title VI, § 617, , 110 Stat. 362
  7. 1996Pub. L. 104–201, div. A, title VI, § 614(b), , 110 Stat. 2544
  8. 1997Pub. L. 105–85, div. A, title X, § 1073(c)(5), , 111 Stat. 1904
  9. 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 627], , 114 Stat. 1654, 1654A–153
  10. 2008Pub. L. 110–181, div. A, title X, § 1063(b), , 122 Stat. 322.
Show as published

(Added Pub. L. 100–140, § 2(a), , 101 Stat. 830; amended Pub. L. 101–189, div. A, title VII, § 704(a), (b)(1), (c), , 103 Stat. 1471; Pub. L. 101–510, div. A, title VI, § 618(a), , 104 Stat. 1579; Pub. L. 102–25, title VII, § 702(a)(2)(A), , 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 611, , 106 Stat. 2420; Pub. L. 104–106, div. A, title VI, § 617, , 110 Stat. 362; Pub. L. 104–201, div. A, title VI, § 614(b), , 110 Stat. 2544; Pub. L. 105–85, div. A, title X, § 1073(c)(5), , 111 Stat. 1904; Pub. L. 106–398, § 1 [[div. A], title VI, § 627], , 114 Stat. 1654, 1654A–153; Pub. L. 110–181, div. A, title X, § 1063(b), , 122 Stat. 322.)

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