§ 305. Special pay: hardship duty pay

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. 1962

   Pub. L. 87–649 · 76 Stat. 451

   Enacted · 37 U.S.C. § 305

   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465

   Source evidence

   Code source credit
   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465

2. 1963

   Uniformed Services Pay Act of 1963

   Pub. L. 88–132 § 12(a) · 77 Stat. 194

   Substituted · 37 U.S.C. § 305

   Pub. L. 88–132 substituted “while on sea duty or duty at certain places” for “sea and foreign duty” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 88–132 substituted “while on sea duty or duty at certain places” for “sea and foreign duty” in section catchline.

   Enacted provision · exact public law section
   (a) Section 305 of title 37, United States Code, is amended 76 Stat. 465. to read as follows: “§ 305. Special pay: while on sea duty or duty at certain places “(a) Except as provided by subsection (b) of this section, under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay— “(1) is entitled, while on sea duty, to; or “(2) may be paid, while on duty at a designated place outside the contiguous 48 States and the District of (Columbia; special pay at the following monthly rates: “Pay grade Monthly rate  E–9 $22.50   E–8 22. 50   E–7 22.50   E–6 20.00   E–5 16.00   E–4 13.00   E–3 9.00   E–2 8.00   E–1 8.01  “(b) Appropriations of the Department of Defense may not be paid, as foreign duty pay under subsection (a) of this section, to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be.”

3. 1963

   Uniformed Services Pay Act of 1963

   Pub. L. 88–132 § 12(a) · 77 Stat. 194

   1. Amended · 37 U.S.C. § 305(a)

      Pub. L. 88–132 designated existing provisions as cl. (1)

   2. Substituted · 37 U.S.C. § 305(a)

      Pub. L. 88–132 substituted provisions of cl. (2) permitting special pay for an enlisted member of a uniformed service while on duty at a designated place outside the contiguous 48 States and the District of Columbia for former provision entitling such member to special pay while on duty in any place outside the United States, or in Alaska or Hawaii

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–132 designated existing provisions as cl. (1) and substituted provisions of cl. (2) permitting special pay for an enlisted member of a uniformed service while on duty at a designated place outside the contiguous 48 States and the District of Columbia for former provision entitling such member to special pay while on duty in any place outside the United States, or in Alaska or Hawaii.

   Enacted provision · exact public law section
   (a) Section 305 of title 37, United States Code, is amended 76 Stat. 465. to read as follows: “§ 305. Special pay: while on sea duty or duty at certain places “(a) Except as provided by subsection (b) of this section, under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay— “(1) is entitled, while on sea duty, to; or “(2) may be paid, while on duty at a designated place outside the contiguous 48 States and the District of (Columbia; special pay at the following monthly rates: “Pay grade Monthly rate  E–9 $22.50   E–8 22. 50   E–7 22.50   E–6 20.00   E–5 16.00   E–4 13.00   E–3 9.00   E–2 8.00   E–1 8.01  “(b) Appropriations of the Department of Defense may not be paid, as foreign duty pay under subsection (a) of this section, to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be.”

4. 1963

   Uniformed Services Pay Act of 1963

   Pub. L. 88–132 § 12(a) · 77 Stat. 194

   Substituted · 37 U.S.C. § 305(b)

   Pub. L. 88–132 substituted “a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country” for “Alaska, Hawaii, Puerto Rico, the Virgin Islands, or a possession, unless that member is serving in an area outside Alaska, Hawaii, the Virgin Islands, or a possession, of which he is a resident”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 88–132 substituted “a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country” for “Alaska, Hawaii, Puerto Rico, the Virgin Islands, or a possession, unless that member is serving in an area outside Alaska, Hawaii, the Virgin Islands, or a possession, of which he is a resident”.

   Enacted provision · exact public law section
   (a) Section 305 of title 37, United States Code, is amended 76 Stat. 465. to read as follows: “§ 305. Special pay: while on sea duty or duty at certain places “(a) Except as provided by subsection (b) of this section, under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay— “(1) is entitled, while on sea duty, to; or “(2) may be paid, while on duty at a designated place outside the contiguous 48 States and the District of (Columbia; special pay at the following monthly rates: “Pay grade Monthly rate  E–9 $22.50   E–8 22. 50   E–7 22.50   E–6 20.00   E–5 16.00   E–4 13.00   E–3 9.00   E–2 8.00   E–1 8.01  “(b) Appropriations of the Department of Defense may not be paid, as foreign duty pay under subsection (a) of this section, to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be.”

5. 1968

   Pub. L. 90–623 § 3(4) · 82 Stat. 1312

   Substituted · 37 U.S.C. § 305(a)(2)

   Pub. L. 90–623 substituted “48 contiguous States” for “contiguous 48 States”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 90–623 substituted “48 contiguous States” for “contiguous 48 States”.

   Enacted provision · exact public law section
   (4) In section 305(a)(2) strike out “contiguous 48 States” and insert in place thereof “48 contiguous States”;

6. 1978

   An Act to amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services

   Pub. L. 95–485 § 804(b)(1)(C) · 92 Stat. 1611

   Substituted · 37 U.S.C. § 305

   Pub. L. 95–485, § 804(b)(1)(C), substituted “on duty” for “on sea duty or duty” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 95–485, § 804(b)(1)(C), substituted “on duty” for “on sea duty or duty” in section catchline.

   Enacted provision · exact public law section
   (C) by striking out “sea duty or” in the section heading.

   Effective date note
   Pub. L. 95–485, title VIII, § 804(b)(3), Oct. 20, 1978, 92 Stat. 1621, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 1978.”

7. 1978

   An Act to amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services

   Pub. L. 95–485 § 804(b)(1)(A) · 92 Stat. 1611

   1. Inserted · 37 U.S.C. § 305(a)

      Pub. L. 95–485, § 804(b)(1)(A), inserted reference to subsec. (c) of this section

   2. Struck · 37 U.S.C. § 305(a)

      Pub. L. 95–485, § 804(b)(1)(A), struck out provision entitling an enlisted member of a uniformed service who is entitled to basic pay to special pay while on sea duty

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–485, § 804(b)(1)(A), inserted reference to subsec. (c) of this section and struck out provision entitling an enlisted member of a uniformed service who is entitled to basic pay to special pay while on sea duty.

   Enacted provision · exact public law section
   (A) by striking out all of subsection (a) that precedes the table therein and inserting in lieu thereof the following: “(a) Except as provided by subsections (b) and (c) of this section, under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:”;

   Effective date note
   Pub. L. 95–485, title VIII, § 804(b)(3), Oct. 20, 1978, 92 Stat. 1621, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 1978.”

8. 1978

   An Act to amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services

   Pub. L. 95–485 § 804(b)(1)(B) · 92 Stat. 1611

   Added · 37 U.S.C. § 305(c)

   Pub. L. 95–485, § 804(b)(1)(B), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–485, § 804(b)(1)(B), added subsec. (c).

   Enacted provision · exact public law section
   (B) by adding at the end thereof the following new subsection: “(c) A member receiving special pay under section 305a of this title Ante, p. 1620. may not be paid special pay under this section for the same period of service.”; and

   Effective date note
   Pub. L. 95–485, title VIII, § 804(b)(3), Oct. 20, 1978, 92 Stat. 1621, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 1978.”

9. 1991

   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. § 305(a)

   Pub. L. 102–25 struck out “of this section” after “subsections (b) and (c)”

   Source evidence

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

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

10. 1991

    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. § 305(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));

11. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 619(c)(1) · 111 Stat. 1629

    Substituted · 37 U.S.C. § 305

    Pub. L. 105–85, § 619(c)(1), substituted “hardship duty location pay” for “while on duty at certain places” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–85, § 619(c)(1), substituted “hardship duty location pay” for “while on duty at certain places” in section catchline.

    Enacted provision · exact public law section
    (1) The heading of such section is amended to read as follows: “§ 305. Special pay: hardship duty location pay”.

12. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 619(a) · 111 Stat. 1629

    Amended · 37 U.S.C. § 305(a)

    Pub. L. 105–85, § 619(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except as provided by subsections (b) and (c), under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–85, § 619(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except as provided by subsections (b) and (c), under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:

    Enacted provision · exact public law section
    (a) Special Pay Authorized.— Subsection (a) of section 305 of title 37, United States Code, is amended to read as follows: “(a) Special Pay Authorized.— A member of a uniformed service who is entitled to basic pay may be paid special pay under this section at a monthly rate not to exceed $300 while the member is on duty at a location in the United States or outside the United States designated by the Secretary of Defense as a hardship duty location.”.

13. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 619(b)(1) · 111 Stat. 1629

    1. Inserted · 37 U.S.C. § 305(b)

       Pub. L. 105–85, § 619(b)(1), inserted heading

    2. Substituted · 37 U.S.C. § 305(b)

       Pub. L. 105–85, § 619(b)(1), substituted “as hardship duty location pay” for “as foreign duty pay” in text

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–85, § 619(b)(1), inserted heading and substituted “as hardship duty location pay” for “as foreign duty pay” in text.

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) by inserting “Exception for Certain Members Serving in Certain Locations.—” after “(b)”; and (B) by striking out “as foreign duty pay” and inserting in lieu thereof “as hardship duty location pay”;

14. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 619(b)(2) · 111 Stat. 1629

    1. Inserted · 37 U.S.C. § 305(c)

       Pub. L. 105–85, § 619(b)(2), inserted heading

    2. Substituted · 37 U.S.C. § 305(c)

       Pub. L. 105–85, § 619(b)(2), substituted “hardship duty location pay under subsection (a)” for “special pay under this section” in text

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–85, § 619(b)(2), inserted heading and substituted “hardship duty location pay under subsection (a)” for “special pay under this section” in text.

    Enacted provision · exact public law section
    (2) in subsection (c)— (A) by inserting “Exception for Members Receiving Career Sea Pay.—” after “(c)”; and (B) by striking out “special pay under this section” and inserting in lieu thereof “hardship duty location pay under subsection (a)”; and

15. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 619(b)(3) · 111 Stat. 1629

    Added · 37 U.S.C. § 305(d)

    Pub. L. 105–85, § 619(b)(3), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–85, § 619(b)(3), added subsec. (d).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subsection: “(d) Regulations.—The Secretary of Defense shall prescribe regulations for the provision of hardship duty location pay under subsection (a), including the specific monthly rates at which the special pay will be available.”.

16. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 617(c)(1) · 112 Stat. 1920

    Struck · 37 U.S.C. § 305

    Pub. L. 105–261, § 617(c)(1), struck out “location” after “duty” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–261, § 617(c)(1), struck out “location” after “duty” in section catchline.

    Enacted provision · exact public law section
    (1) The heading for section 305 of such title is amended to read as follows: “§ 305. Special pay: hardship duty pay.”.

17. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 617(a)(1) · 112 Stat. 1920

    Substituted · 37 U.S.C. § 305(a)

    Pub. L. 105–261, § 617(a)(1), substituted “performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty.” for “on duty at a location in the United States or outside the United States designated by the Secretary of Defense as a hardship duty location.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–261, § 617(a)(1), substituted “performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty.” for “on duty at a location in the United States or outside the United States designated by the Secretary of Defense as a hardship duty location.”

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “on duty at a location” and all that follows through the period at the end of the subsection and inserting in lieu thereof “performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty.”;

18. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 617(a)(4) · 112 Stat. 1920

    Redesignated · 37 U.S.C. § 305(b)

    Pub. L. 105–261, § 617(a)(4), redesignated subsec. (d) as (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–261, § 617(a)(4), redesignated subsec. (d) as (b).

    Enacted provision · exact public law section
    (4) by redesignating subsection (d) as subsection (b).

19. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 617(a)(2) · 112 Stat. 1920

    Struck · 37 U.S.C. § 305(b)

    Pub. L. 105–261, § 617(a)(2), struck out heading and text of subsec. (b). Text read as follows: “Appropriations of the Department of Defense may not be paid, as hardship duty location pay under subsection (a), to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–261, § 617(a)(2), struck out heading and text of subsec. (b). Text read as follows: “Appropriations of the Department of Defense may not be paid, as hardship duty location pay under subsection (a), to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be.”

    Enacted provision · exact public law section
    (2) by striking out subsections (b) and (c);

20. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 617(a)(2) · 112 Stat. 1920

    Struck · 37 U.S.C. § 305(c)

    Pub. L. 105–261, § 617(a)(2), struck out heading and text of subsec. (c). Text read as follows: “A member receiving special pay under section 305a of this title may not be paid hardship duty location pay under subsection (a) for the same period of service.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–261, § 617(a)(2), struck out heading and text of subsec. (c). Text read as follows: “A member receiving special pay under section 305a of this title may not be paid hardship duty location pay under subsection (a) for the same period of service.”

    Enacted provision · exact public law section
    (2) by striking out subsections (b) and (c);

21. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 617(a)(4) · 112 Stat. 1920

    Redesignated · 37 U.S.C. § 305(d)

    Pub. L. 105–261, § 617(a)(4), redesignated subsec. (d) as (b)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–261, § 617(a)(4), redesignated subsec. (d) as (b).

    Enacted provision · exact public law section
    (4) by redesignating subsection (d) as subsection (b).

22. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 617(a)(3) · 112 Stat. 1920

    Substituted · 37 U.S.C. § 305(d)

    Pub. L. 105–261, § 617(a)(3), substituted “hardship duty pay” for “hardship duty location pay”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–261, § 617(a)(3), substituted “hardship duty pay” for “hardship duty location pay”.

    Enacted provision · exact public law section
    (3) in subsection (d), by striking out “hardship duty location pay” and inserting in lieu thereof “hardship duty pay”; and

23. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title VI § 627 · 119 Stat. 3136

    Substituted · 37 U.S.C. § 305(a)

    Pub. L. 109–163 substituted “$750” for “$300”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–163 substituted “$750” for “$300”.

    Enacted provision · exact public law section
    SEC. 627. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR HARDSHIP DUTY PAY.   Section 305(a) of title 37, United States Code, is amended by striking “$300” and inserting “$750”.

24. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title VI § 617 · 122 Stat. 3

    Amended · 37 U.S.C. § 305

    Pub. L. 110–181 amended section generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Pub. L. 110–181 amended section generally. Prior to amendment, text read as follows:

    “(a) Special Pay Authorized.—A member of a uniformed service who is entitled to basic pay may be paid special pay under this section at a monthly rate not to exceed $750 while the member is performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty. “(b) Regulations.—The Secretary of Defense shall prescribe regulations for the provision of hardship duty pay under subsection (a), including the specific monthly rates at which the special pay will be available.”

    Enacted provision · exact public law section
    SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY PAY AND AUTHORITY TO PROVIDE HARDSHIP DUTY PAY IN A LUMP SUM.   Section 305 of title 37, United States Code, is amended to read as follows: “§ 305. Special pay: hardship duty pay “(a) Special Pay Authorized.— A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty. “(b) Payment on Monthly or Lump Sum Basis.— Special pay payable under this section may be paid on a monthly basis or in a lump sum. “(c) Maximum Rate or Amount.— (1) The monthly rate of special pay payable to a member under this section may not exceed $1,500. “(2) The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of— “(A) the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; and “(B) the number of months during which the member will be performing the designated hardship duty. “(d) Relationship to Other Pay and Allowances.— Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. “(e) Repayment.— A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of section 303a(e) of this title. “(f) Regulations.— The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available.” .

27 of 28 references resolved to an enrolled provision · 1 partial