§ 305a. Special pay: career sea 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. 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 title VIII § 804(a)(1) · 92 Stat. 1611

   Enacted · 37 U.S.C. § 305a

   Added Pub. L. 95–485, title VIII, § 804(a)(1), (2), Oct. 20, 1978, 92 Stat. 1620

   Source evidence

   Code source credit
   Added Pub. L. 95–485, title VIII, § 804(a)(1), (2), Oct. 20, 1978, 92 Stat. 1620

   Enacted provision · exact public law section
   (1) Effective October 1, 1978, chapter 5 of title 37, United States Code, relating to special and incentive pays, is amended by inserting after section 305 the following new section: 37 USC 305a. “§ 305a. Special pay: career sea pay “(a) Under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay and who (1) is in pay grade E-4 or above, and (2) has served more than three years of sea duty, is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b). “(b) (1) For sea duty performed during fiscal year 1979 or 1980, the monthly rates for special pay under subsection (a) are as follows: “Years of sea duty: Monthly rate Over 3 $25 Over 5 35 Over 12 55 “(2) For sea duty performed during fiscal year 1981, the monthly rates for special pay under subsection (a) are as follows: “Years of sea duty: Monthly rate Over 3 $25 Over 5 35 Over 7 45 Over 12 55“.

2. 1980

   Military Personnel and Compensation Amendments of 1980

   Pub. L. 96–343 § 3(a) · 94 Stat. 1123

   Substituted · 37 U.S.C. § 305a(b)

   Pub. L. 96–343 substituted provision authorizing monthly rates of special pay of $29 for over 3 years, $40 for over 5 years, $52 for over 7 years, $63 for over 10 years, $86 for over 11 years, and $115 for over 12 years for provision authorizing monthly rates of special pay during fiscal year 1979 or 1980 of $25 for over 3 years, $35 for over 5 years, and $55 for over 12 years and for fiscal year 1981 rates of $25 for over 3 years, $35 for over 5 years, $45 for over 7 years, and $55 for over 12 years

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–343 substituted provision authorizing monthly rates of special pay of $29 for over 3 years, $40 for over 5 years, $52 for over 7 years, $63 for over 10 years, $86 for over 11 years, and $115 for over 12 years for provision authorizing monthly rates of special pay during fiscal year 1979 or 1980 of $25 for over 3 years, $35 for over 5 years, and $55 for over 12 years and for fiscal year 1981 rates of $25 for over 3 years, $35 for over 5 years, $45 for over 7 years, and $55 for over 12 years.

   Enacted provision · exact public law section
   (a) Section 305a(b) of title 37, United States Code, relating to career sea pay, is amended to read as follows: “(b) The monthly rates for special pay under subsection (a) of this section are as follows: “Years of sea duty: Monthly rate   Over 3 $29    Over 5 40    Over 7 52    Over 9 63    Over 10 75    Over 11 86    Over 12 115”

3. 1980

   Pub. L. 96–579 § 4(a) · 94 Stat. 3359

   Substituted · 37 U.S.C. § 305a(a)

   Pub. L. 96–579 substituted provision declaring a member of a uniformed service entitled to basic pay as eligible for special pay for prior provision for eligibility to such pay of an enlisted member of a uniformed service entitled to basic pay, in pay grade E–4 or above, with three years of sea duty

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–579 substituted provision declaring a member of a uniformed service entitled to basic pay as eligible for special pay for prior provision for eligibility to such pay of an enlisted member of a uniformed service entitled to basic pay, in pay grade E–4 or above, with three years of sea duty.

   Enacted provision · exact public law section
   (a) Section 305a of title 37, United States Code, is amended to read as follows: “§ 305a. Special pay: career sea pay “(a) Under regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b) of this section. “(b) The monthly rates for special pay under subsection (a) of this section are as follows: “Pay grade Years of sea duty               1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6                 E–4 $50 $60 $125 $160 $175 $175 $175 E–5 60 70 140 175 185 190 205 E–6 125 135 170 190 210 215 225 E–7 135 145 215 235 255 260 265 E–8 165 180 225 255 265 270 280 E–9 175 195 235 265 280 290 310 “Pay grade Years of sea duty             Over 7 Over 8 Over 9 Over 10 Over 11 Over 12               E–4 $175 $175 $175 $175 $175 $175 E–5 220 220 220 220 220 220 E–6 235 245 255 255 255 255 E–7 265 270 275 280 300 310 E–8 285 290 300 310 310 310 E–9 310 310 310 310 310 310 “Pay grade Years of sea duty               1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6                 W–1 $130 $135 $140 $150 $170 $175 $200 W–2 150 150 150 150 170 260 265 W–3 150 150 150 150 170 270 280 W–4 150 150 150 150 170 290 310 “Pay grade Years of sea duty             Over 7 Over 8 Over 9 Over 10 Over 11 Over 12               W–1 $250 $270 $275 $280 $290 $300 W–2 265 270 275 280 290 310 W–3 285 290 300 310 310 310 W–4 310 310 310 310 310 310 “Pay grade Years of sea duty           Over 3 Over 4 Over 5 Over 6 Over 7             O–1 1 $150 $160 $185 $190 $195 O–2 1 150 160 185 190 195 O–3 150 160 185 190 195 O–4 185 190 200 205 215 O–5 225 225 225 225 230 O–6 225 230 230 240 255 “Pay grade Years of sea duty           Over 8 Over 9 Over 10 Over 11 Over 12             O–1 1 $205 $215 $225 $225 $240 O–2 1 205 215 225 225 240 O–3 205 215 225 225 240 O–4 215 220 225 225 240 O–5 245 250 260 265 265 O–6 265 280 290 300 310 “1 Commissioned officers with at least four years of active service as enlisted members or as noncommissioned warrant officers. “(c) Under regulations prescribed by the President, a member of a uniformed service who is entitled to career sea pay under this section who has served 36 consecutive months of sea duty is entitled to a career sea pay premium of $100 a month for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. “(d) For the purposes of this section, the term ‘sea duty’ means duty “Sea duty.” performed by a member— “(1) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while underway; or “(2) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport for 30 consecutive days or more. A ship is considered away from its homeport for purposes of clause (B) of the first sentence when it is at sea or in a port that is more than 50 miles from its homeport.”.

4. 1980

   Pub. L. 96–579 § 4(a) · 94 Stat. 3359

   Substituted · 37 U.S.C. § 305a(b)

   Pub. L. 96–579 substituted special monthly pay table for enlisted members, warrant officers, and commissioned officers for prior special monthly rate for enlisted members for sea duty above prescribed number of years: $29, 3 yrs.; $40, 5 yrs.; $52, 7 yrs.; $63, 9 yrs.; $75, 10 yrs.; $86, 11 yrs.; and $115, 12 yrs

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–579 substituted special monthly pay table for enlisted members, warrant officers, and commissioned officers for prior special monthly rate for enlisted members for sea duty above prescribed number of years: $29, 3 yrs.; $40, 5 yrs.; $52, 7 yrs.; $63, 9 yrs.; $75, 10 yrs.; $86, 11 yrs.; and $115, 12 yrs.

   Enacted provision · exact public law section
   (a) Section 305a of title 37, United States Code, is amended to read as follows: “§ 305a. Special pay: career sea pay “(a) Under regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b) of this section. “(b) The monthly rates for special pay under subsection (a) of this section are as follows: “Pay grade Years of sea duty               1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6                 E–4 $50 $60 $125 $160 $175 $175 $175 E–5 60 70 140 175 185 190 205 E–6 125 135 170 190 210 215 225 E–7 135 145 215 235 255 260 265 E–8 165 180 225 255 265 270 280 E–9 175 195 235 265 280 290 310 “Pay grade Years of sea duty             Over 7 Over 8 Over 9 Over 10 Over 11 Over 12               E–4 $175 $175 $175 $175 $175 $175 E–5 220 220 220 220 220 220 E–6 235 245 255 255 255 255 E–7 265 270 275 280 300 310 E–8 285 290 300 310 310 310 E–9 310 310 310 310 310 310 “Pay grade Years of sea duty               1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6                 W–1 $130 $135 $140 $150 $170 $175 $200 W–2 150 150 150 150 170 260 265 W–3 150 150 150 150 170 270 280 W–4 150 150 150 150 170 290 310 “Pay grade Years of sea duty             Over 7 Over 8 Over 9 Over 10 Over 11 Over 12               W–1 $250 $270 $275 $280 $290 $300 W–2 265 270 275 280 290 310 W–3 285 290 300 310 310 310 W–4 310 310 310 310 310 310 “Pay grade Years of sea duty           Over 3 Over 4 Over 5 Over 6 Over 7             O–1 1 $150 $160 $185 $190 $195 O–2 1 150 160 185 190 195 O–3 150 160 185 190 195 O–4 185 190 200 205 215 O–5 225 225 225 225 230 O–6 225 230 230 240 255 “Pay grade Years of sea duty           Over 8 Over 9 Over 10 Over 11 Over 12             O–1 1 $205 $215 $225 $225 $240 O–2 1 205 215 225 225 240 O–3 205 215 225 225 240 O–4 215 220 225 225 240 O–5 245 250 260 265 265 O–6 265 280 290 300 310 “1 Commissioned officers with at least four years of active service as enlisted members or as noncommissioned warrant officers. “(c) Under regulations prescribed by the President, a member of a uniformed service who is entitled to career sea pay under this section who has served 36 consecutive months of sea duty is entitled to a career sea pay premium of $100 a month for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. “(d) For the purposes of this section, the term ‘sea duty’ means duty “Sea duty.” performed by a member— “(1) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while underway; or “(2) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport for 30 consecutive days or more. A ship is considered away from its homeport for purposes of clause (B) of the first sentence when it is at sea or in a port that is more than 50 miles from its homeport.”.

5. 1980

   Pub. L. 96–579 § 4(a) · 94 Stat. 3359

   Added · 37 U.S.C. § 305a(c); 37 U.S.C. § 305a(d)

   Pub. L. 96–579 added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 96–579 added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (a) Section 305a of title 37, United States Code, is amended to read as follows: “§ 305a. Special pay: career sea pay “(a) Under regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b) of this section. “(b) The monthly rates for special pay under subsection (a) of this section are as follows: “Pay grade Years of sea duty               1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6                 E–4 $50 $60 $125 $160 $175 $175 $175 E–5 60 70 140 175 185 190 205 E–6 125 135 170 190 210 215 225 E–7 135 145 215 235 255 260 265 E–8 165 180 225 255 265 270 280 E–9 175 195 235 265 280 290 310 “Pay grade Years of sea duty             Over 7 Over 8 Over 9 Over 10 Over 11 Over 12               E–4 $175 $175 $175 $175 $175 $175 E–5 220 220 220 220 220 220 E–6 235 245 255 255 255 255 E–7 265 270 275 280 300 310 E–8 285 290 300 310 310 310 E–9 310 310 310 310 310 310 “Pay grade Years of sea duty               1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6                 W–1 $130 $135 $140 $150 $170 $175 $200 W–2 150 150 150 150 170 260 265 W–3 150 150 150 150 170 270 280 W–4 150 150 150 150 170 290 310 “Pay grade Years of sea duty             Over 7 Over 8 Over 9 Over 10 Over 11 Over 12               W–1 $250 $270 $275 $280 $290 $300 W–2 265 270 275 280 290 310 W–3 285 290 300 310 310 310 W–4 310 310 310 310 310 310 “Pay grade Years of sea duty           Over 3 Over 4 Over 5 Over 6 Over 7             O–1 1 $150 $160 $185 $190 $195 O–2 1 150 160 185 190 195 O–3 150 160 185 190 195 O–4 185 190 200 205 215 O–5 225 225 225 225 230 O–6 225 230 230 240 255 “Pay grade Years of sea duty           Over 8 Over 9 Over 10 Over 11 Over 12             O–1 1 $205 $215 $225 $225 $240 O–2 1 205 215 225 225 240 O–3 205 215 225 225 240 O–4 215 220 225 225 240 O–5 245 250 260 265 265 O–6 265 280 290 300 310 “1 Commissioned officers with at least four years of active service as enlisted members or as noncommissioned warrant officers. “(c) Under regulations prescribed by the President, a member of a uniformed service who is entitled to career sea pay under this section who has served 36 consecutive months of sea duty is entitled to a career sea pay premium of $100 a month for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. “(d) For the purposes of this section, the term ‘sea duty’ means duty “Sea duty.” performed by a member— “(1) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while underway; or “(2) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport for 30 consecutive days or more. A ship is considered away from its homeport for purposes of clause (B) of the first sentence when it is at sea or in a port that is more than 50 miles from its homeport.”.

6. 1981

   Uniformed Services Pay Act of 1981

   Pub. L. 97–60 title I § 116 · 95 Stat. 989

   Inserted · 37 U.S.C. § 305a(d)(1)

   Pub. L. 97–60 inserted provisions relating to service as a member of the off crew of a two-crewed submarine

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 97–60 inserted provisions relating to service as a member of the off crew of a two-crewed submarine.

   Enacted provision · exact public law section
   Sec. 116. sea pay for members of two-crew submarines Section 305a(d)(1) of title 37, United States Code, is amended by inserting “or while serving as a member of the off crew of a two-crewed submarine” after “underway”.

7. 1982

   Pub. L. 97–295 § 3(1) · 96 Stat. 1287

   Substituted · 37 U.S.C. § 305a(d)

   Pub. L. 97–295 substituted “clause (2)” for “clause (B)” after “for purposes of”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–295 substituted “clause (2)” for “clause (B)” after “for purposes of”.

   Enacted provision · exact public law section
   (1) Section 305a(d) is amended by striking out “clause (B)” in 37 USC 305a. the 2d sentence and substituting “clause (2)”.

8. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title VI § 623(a) · 98 Stat. 2492

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

      Pub. L. 98–525 amended table relating to rates of pay for enlisted members by substituting “265” for “255” in column for “Over 12”

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

      Pub. L. 98–525 amended table relating to rates of pay for enlisted members by substituting “320” for “310” in column for “Over 12”

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

      Pub. L. 98–525 amended table relating to rates of pay for enlisted members by substituting “330” for “310” in column for “Over 12”

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

      Pub. L. 98–525 amended table relating to rates of pay for enlisted members by substituting “280” for “255” in column for “Over 12”

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

      Pub. L. 98–525 amended table relating to rates of pay for enlisted members by substituting “350” for “310” in column for “Over 12”

   6. Inserted · 37 U.S.C. § 305a(b)

      Pub. L. 98–525 inserted columns for “Over 13”, “Over 14”, “Over 16”, and “Over 18”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–525 amended table relating to rates of pay for enlisted members by substituting “265” for “255” and “320” for “310” in column for “Over 10”, “265” for “255” and “330” for “310” in column for “Over 11”, “280” for “255”, “320” for “310”, and “350” for “310” in column for “Over 12”, and inserted columns for “Over 13”, “Over 14”, “Over 16”, and “Over 18”.

   Enacted provision · exact public law section
   (a) The table relating to rates of special pay for enlisted members in section 305a(b) of title 37, United States Code, is amended to read as follows: “Pay grade Years of sea duty 1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6 Over 7 Over 8 E–4 $50 $60 $125 $160 $175 $175 $175 $175 $175 E–5 60 70 140 175 185 190 205 220 220 E–6 125 135 170 190 210 215 225 235 245 E–7 135 145 215 235 255 260 265 265 270 E–8 165 180 225 255 265 270 280 285 290 E–9 175 195 235 265 280 290 310 310 310 Pay grade Years of sea duty Over 9 Over 10 Over 11 Over 12 Over 13 Over 14 Over 16 Over 18 E–4 $175 $175 $175 $175 $175 $175 $175 $175  E–5 220 220 220 220 220 220 220 220  E–6 255 265 265 280 295 310 325 340  E–7 275 280 300 310 330 350 370 390  E–8 300 310 310 320 340 360 380 400  E–9 310 320 330 350 370 390 410 410”

9. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title VI § 634(a) · 99 Stat. 583

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

      Pub. L. 99–145 amended table for warrant officers for pay grade W–3 by substituting “330” for “310” in column for “Over 12”, and for pay grade W–4

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

      Pub. L. 99–145 substituted “320” for “310” in column for “Over 10”

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

      Pub. L. 99–145 substituted “330” for “310” in column for “Over 12”

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

      Pub. L. 99–145 substituted “350” for “310” in column for “Over 12”

   5. Inserted · 37 U.S.C. § 305a(b)

      Pub. L. 99–145 inserted columns for “Over 14”, “Over 16”, “Over 18”, and “Over 20”, and in table for commissioned officers inserted columns for “Over 14”, “Over 16”, “Over 18”, and “Over 20”

   6. Struck · 37 U.S.C. § 305a(b)

      Pub. L. 99–145 struck out the subscript qualifier for pay grades O–1 and O–2, which read: “Commissioned officers with at least four years of active service as enlisted members or as noncommissioned warrant officers”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–145 amended table for warrant officers for pay grade W–3 by substituting “330” for “310” in column for “Over 12”, and for pay grade W–4, substituted “320” for “310” in column for “Over 10”, substituted “330” for “310” in column for “Over 11”, and “350” for “310” in column for “Over 12”, inserted columns for “Over 14”, “Over 16”, “Over 18”, and “Over 20”, and in table for commissioned officers inserted columns for “Over 14”, “Over 16”, “Over 18”, and “Over 20”, and struck out the subscript qualifier for pay grades O–1 and O–2, which read: “Commissioned officers with at least four years of active service as enlisted members or as noncommissioned warrant officers”.

   Enacted provision · exact public law section
   (a) Increase in Rates for Officers.— The tables pertaining to warrant officers and commissioned officers in section 305a(b) of title 37, United States Code, are amended to appear as follows: 98 Stat. 2541. “Pay grade Years of sea duty 1 or Over Over Over Over Over Over Over Over less 1 2 3 4 5 6 7 8 W–1 $130 $135 $140 $150 $170 $175 $200 $250 $270 W–2 150 150 150 150 170 260 265 265 270 W–3 150 150 150 150 170 270 280 285 290 W–4 150 150 150 150 170 290 310 310 310 “Pay grade Years of sea duty Over Over Over Over Over Over Over Over 9 10 11 12 14 16 18 20 W–1 $275 $280 $290 $300 $300 $300 $300 $300 W–2 275 280 290 310 330 3.50 370 390 W–3 300 310 310 330 350 370 390 410 W–4 310 320 330 350 370 390 410 410 “Pay grade Years of sea duty Over 3 Over 4 Over 5 Over 6 Over 7 Over 8 Over 9 O–1 $150 $160 $185 $190 $195 $205 $215 O–2 150 160 185 190 195 205 215 O–3 150 160 185 190 195 205 215 O–4 185 190 200 205 215 215 220 O–5 225 225 225 225 230 245 250 O–6 225 230 230 240 255 265 280 “Pay grade Years of sea duty Over Over Over Over Over Over Over 10 11 12 14 16 18 20 O–1 $225 $225 $240 $250 $260 $270 $280 O–2 225 225 240 250 260 270 280 O–3 225 225 240 260 270 280 290 O–4 225 225 240 270 280 290 300 O–5 260 265 265 285 300 315 340 O–6 290 300 310 325 340 355 380”

10. 1987

    Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 8(e)(5) · 101 Stat. 273

    Substituted · 37 U.S.C. § 305a(d)

    Pub. L. 100–26 substituted “In this section,” for “For the purposes of this section,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–26 substituted “In this section,” for “For the purposes of this section,”.

    Enacted provision · exact public law section
    (5) Section 305a(d) is amended by striking out “For the purposes of this section,” and inserting in lieu thereof “In this section,”.

11. 1987

    National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 § 621(a) · 101 Stat. 1019

    1. Changed · 37 U.S.C. § 305a(b)

       Pub. L. 100–180, § 621(a), in amending subsec. (b) generally

    2. Struck · 37 U.S.C. § 305a(b)

       Pub. L. 100–180, § 621(a), in struck out “of this section” after “subsection (a)” in introductory provisions

    3. Amended · 37 U.S.C. § 305a(b)

       Pub. L. 100–180, § 621(a), in amended table pertaining to enlisted members so as to reflect downward adjustment in monthly special pay rates for persons in pay grade E–4 having over 2 years of sea duty and for persons in pay grades E–5 through E–9 having less than 5 years of sea duty

    4. Amended · 37 U.S.C. § 305a(b)

       Pub. L. 100–180, § 621(a), in amended table so as to reflect upward adjustment for persons in pay grades E–5 through E–9 having over 5 years of sea duty

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

       Pub. L. 100–180, § 621(a), in amended table pertaining to warrant officers so as to reflect upward adjustment for persons in pay grades W–1 through W–3 having over 9 years of sea duty and for persons in pay grade W–4 having over 10 years of sea duty, and in table pertaining to officers for pay grade O–4 substituted “220” for “215” in the column for “Over 8”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–180, § 621(a), in amending subsec. (b) generally, struck out “of this section” after “subsection (a)” in introductory provisions and amended table pertaining to enlisted members so as to reflect downward adjustment in monthly special pay rates for persons in pay grade E–4 having over 2 years of sea duty and for persons in pay grades E–5 through E–9 having less than 5 years of sea duty, and amended table so as to reflect upward adjustment for persons in pay grades E–5 through E–9 having over 5 years of sea duty, amended table pertaining to warrant officers so as to reflect upward adjustment for persons in pay grades W–1 through W–3 having over 9 years of sea duty and for persons in pay grade W–4 having over 10 years of sea duty, and in table pertaining to officers for pay grade O–4 substituted “220” for “215” in the column for “Over 8”.

    Enacted provision · exact public law section
    (a) Rates.— Subsection (b) of section 305a of title 37, United States Code, is amended to read as follows: “(b) The monthly rates for special pay under subsection (a) are as follows: “ENLISTED MEMBERS “Pay grade Years of sea duty 1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6 E-4 $50 $60 $120 $150 $160 $160 $160 E-5 50 60 120 150 170 315 325 E-6 100 100 120 150 170 315 325 E-7 100 100 120 175 190 350 350 E-8 100 100 120 175 190 350 350 E-9 100 100 120 175 190 350 350 Over 7 Over 8 Over 9 Over 10 Over 11 Over 12 Over 13 E-4 $160 $160 $160 $160 $160 $160 $160 E-5 350 350 350 350 350 350 350 E-6 350 350 365 365 365 380 395 E-7 375 390 400 400 410 420 450 E-8 375 390 400 400 410 420 450 E-9 375 390 400 400 410 420 450 Over 14 Over 16 Over 18 . E-4 $160 $160 $160 E-5 350 350 350 E-6 410 425 450 E-7 475 500 500 E-8 475 500 520 E-9 475 520 520 “WARRANT OFFICERS “Pay grade Years of sea duty 1 or less Over 1 Over 2 Over 3 Over 4 Over 5 Over 6 W-1 $130 $135 $140 $150 $170 $175 $200 W-2 150 150 150 150 170 260 265 W-3 150 150 150 150 170 270 280 W-4 150 150 150 150 170 290 310 Over 7 Over 8 Over 9 Over 10 Over 11 Over 12 Over 13 W-1 $250 $270 $300 $325 $325 $340 $360 W-2 265 270 310 340 340 375 400 W-3 285 290 310 350 375 400 425 W-4 310 310 310 350 375 400 450 Over 16 Over 18 Over 20 . W-1 $375 $375 $375 W-2 400 350 400 “WARRANT OFFICERS—Continued “Pay grade Years of sea duty   Over 16 Over 18 Over 20 W-3 425 450 450 W-4 450 500 500 “OFFICERS “Pay grade Years of sea duty Over 3 Over 4 Over 5 Over 6 Over 7 Over 8 Over 9 O-1 $150 $160 $185 $190 $195 $205 $215 O-2   150 160 185 190 195 205 215 O-3   150 160 185 190 195 205 215 O-4   185 190 200 205 215 220 220 O-5   225 225 225 225 230 245 250 O-6   225 230 230 240 255 265 280 Over 10 Over 11 Over 12 Over 14 Over 16 Over 18 Over 20   O-1   $225 $225 $240 $250 $260 $280 $280 O-2   225 225 240 250 260 280 280 O-3   225 225 240 260 270 290 290 O-4   225 225 240 270 280 300 300 O-5   260 265 265 285 300 340 340 O-6   290 300 310 325 340 355 380”.

12. 1987

    National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 § 621(b) · 101 Stat. 1019

    Inserted · 37 U.S.C. § 305a(c)

    Pub. L. 100–180, § 621(b), inserted “(other than an enlisted member in a pay grade above E–4 with more than five years of sea duty)” after first reference to “sea duty”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–180, § 621(b), inserted “(other than an enlisted member in a pay grade above E–4 with more than five years of sea duty)” after first reference to “sea duty”.

    Enacted provision · exact public law section
    (b) Career Sea Pay Premium.— Subsection (c) of such section is amended by inserting “(other than an enlisted member in a pay grade above E-4 with more than five years of sea duty)” after “sea duty” the first place it appears.

13. 1987

    National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 § 621(c) · 101 Stat. 1019

    Amended · 37 U.S.C. § 305a(d)

    Pub. L. 100–180, § 621(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In this section, the term ‘sea duty’ means duty performed by a member—

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–180, § 621(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In this section, the term ‘sea duty’ means duty performed by a member—

    “(1) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while underway or while serving as a member of the off crew of a two-crewed submarine; or “(2) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport for 30 consecutive days or more. A ship is considered away from its homeport for purposes of clause (2) of the first sentence when it is at sea or in a port that is more than 50 miles from its homeport.”

    Enacted provision · exact public law section
    (c) Definition of Sea Duty.— Subsection (d) of such section is amended to read as follows: “(d) (1) In this section, the term ‘sea duty’ means duty performed by a member— “(A) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while under way or while serving as a member of the off-crew of a two-crewed submarine; or “(B) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport. “(2) For the purpose of determining the years of sea duty with which a member may be credited for purposes of this section, the term ‘sea duty’ also includes duty performed on or after the effective date specified in section 621(e)(1) of the National Defense Authorization Act for Fiscal Year 1988 by a member while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship on which the member would be entitled, during a period that the ship is away from its homeport, to receive sea pay by reason of paragraph (1)(B). “(3) A ship shall be considered to be away from its homeport for purposes of this subsection when it is— “(A) at sea; or “(B) in a port that is more than 50 miles from its homeport.”

14. 1987

    Pub. L. 100–224 § 5(a)(1) · 101 Stat. 1536

    Substituted · 37 U.S.C. § 305a(b)

    Pub. L. 100–224 substituted “Over 14” for “Over 13” in table relating to warrant officers

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–224 substituted “Over 14” for “Over 13” in table relating to warrant officers.

    Enacted provision · exact public law section
    (1) The table relating to warrant officers in section 305a(b) of title 37, United States Code (as amended by section 621(a) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180)), is amended by striking out “Over 13” and inserting in lieu thereof “Over 14”.

15. 1988

    National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 div. A title XII § 1233(b)(1) · 102 Stat. 1918

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

    Pub. L. 100–456 substituted “after December 31, 1988,” for “on or after the effective date specified in section 621(e)(1) of the National Defense Authorization Act for Fiscal Year 1988”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 100–456 substituted “after December 31, 1988,” for “on or after the effective date specified in section 621(e)(1) of the National Defense Authorization Act for Fiscal Year 1988”.

    Enacted provision · exact public law section
    (1) Section 305a(d)(2) of title 37, United States Code, is amended by striking out “on or after the effective date specified in section 621(e)(1) of the National Defense Authorziation Act for Fiscal Year 1988” and inserting in lieu thererof “after December 31, 1988,”.

16. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title VI § 653(b) · 103 Stat. 1352

    Inserted · 37 U.S.C. § 305a(b)

    Pub. L. 101–189 inserted “COMMISSIONED” before “OFFICERS” in heading of table relating to officers in pay grades O–1 through O–6

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–189 inserted “COMMISSIONED” before “OFFICERS” in heading of table relating to officers in pay grades O–1 through O–6.

    Enacted provision · exact public law section
    (b) Correction of Table Heading.— Section 305a(b) of title 37, United States Code, is amended by inserting “COMMISSIONED” before “OFFICERS” in the heading of the table in that subsection relating to officers in pay grades O–1 through O–6.

17. 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. § 305a(a)

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

    Source evidence

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

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

18. 1991

    Warrant Officer Management Act

    Pub. L. 102–190 div. A title XI § 1111(d)(3) · 105 Stat. 1290

    Added · 37 U.S.C. § 305a(b)

    Pub. L. 102–190, in table pertaining to warrant officers, added provisions relating to pay grade W–5 in three places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–190, in table pertaining to warrant officers, added provisions relating to pay grade W–5 in three places.

    Enacted provision · exact public law section
    (3) The table relating to career sea pay for warrant officers in section 305a(b) of such title is amended— (A) by inserting after the item relating to the pay grade W–4 the first place it appears the following: “W–5 150 150 150 150 170 290 310”; (B) by inserting after the item relating to the pay grade W–4 the second place it appears the following: “W–5 310 310 310 350 375 400 450”; and (C) by inserting after the item relating to the pay grade W–4 the last place it appears the following: “W–5 450 500 500”.

19. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title VI § 618 · 110 Stat. 186

    Amended · 37 U.S.C. § 305a(d)(1)(A)

    Pub. L. 104–106 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while under way or while serving as a member of the off-crew of a two-crewed submarine; or”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 104–106 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while under way or while serving as a member of the off-crew of a two-crewed submarine; or”.

    Enacted provision · exact public law section
    SEC. 618. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREW MEMBERS OF SHIPS DESIGNATED AS TENDERS. Subparagraph (A) of section 305a(d)(l) of title 37, United States Code, is amended to read as follows: “(A) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and— “(i) while serving on a ship the primary mission of which is accomplished while under way; “(ii) while serving as a member of the off-crew of a two-crewed submarine; or “(iii) while serving as a member of a tender-class ship (with the hull classification of submarine or destroyer); or”.

20. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 620(1) · 111 Stat. 1629

    Struck · 37 U.S.C. § 305a(d)(1)(A)

    Pub. L. 105–85, § 620(1), struck out “, ship-based staff, or ship-based aviation unit” after “assigned to a ship”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 105–85, § 620(1), struck out “, ship-based staff, or ship-based aviation unit” after “assigned to a ship”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(A), by striking out “, ship-based staff, or ship-based aviation unit”;

21. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 620(2) · 111 Stat. 1629

    Struck · 37 U.S.C. § 305a(d)(1)(B)

    Pub. L. 105–85, § 620(2), struck out “or ship-based staff” after “assigned to a ship”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B). Pub. L. 105–85, § 620(2), struck out “or ship-based staff” after “assigned to a ship”.

    Enacted provision · exact public law section
    (2) in paragraph (1)(B), by striking out “or ship-based staff”;

22. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 620(3) · 111 Stat. 1629

    1. Added · 37 U.S.C. § 305a(d)(2)(4)

       Pub. L. 105–85, § 620(3), (4), added par. (2)

    2. Redesignated · 37 U.S.C. § 305a(d)(2)(4)

       Pub. L. 105–85, § 620(3), (4), redesignated former pars. (2) and (3) as (3) and (4), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(2) to (4). Pub. L. 105–85, § 620(3), (4), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

23. 2000

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

    1. Inserted · 37 U.S.C. § 305a(a)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(1)], inserted heading

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

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(1)], substituted “A member” for “Under regulations prescribed by the President, a member” in text

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(1)], inserted heading and substituted “A member” for “Under regulations prescribed by the President, a member” in text.

    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.

    Effective date note
    Pub. L. 106–398, § 1 [[div. A], title VI, § 630(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.”

24. 2000

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

    1. Added · 37 U.S.C. § 305a(b)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], added subsec. (b)

    2. Struck · 37 U.S.C. § 305a(b)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], struck out former subsec. (b) which contained tables specifying the monthly rates for special pay under subsec. (a) for enlisted members, warrant officers, and commissioned officers

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], added subsec. (b) and struck out former subsec. (b) which contained tables specifying the monthly rates for special pay under subsec. (a) for enlisted members, warrant officers, and commissioned officers.

    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.

    Effective date note
    Pub. L. 106–398, § 1 [[div. A], title VI, § 630(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.”

25. 2000

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

    1. Added · 37 U.S.C. § 305a(c)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], added subsec. (c)

    2. Struck · 37 U.S.C. § 305a(c)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], struck out former subsec. (c) which read as follows: “Under regulations prescribed by the President, a member of a uniformed service who is entitled to career sea pay under this section who has served 36 consecutive months of sea duty (other than an enlisted member in a pay grade above E–4 with more than five years of sea duty) is entitled to a career sea pay premium of $100 a month for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], added subsec. (c) and struck out former subsec. (c) which read as follows: “Under regulations prescribed by the President, a member of a uniformed service who is entitled to career sea pay under this section who has served 36 consecutive months of sea duty (other than an enlisted member in a pay grade above E–4 with more than five years of sea duty) is entitled to a career sea pay premium of $100 a month for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member.”

    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.

    Effective date note
    Pub. L. 106–398, § 1 [[div. A], title VI, § 630(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.”

26. 2000

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

    Redesignated · 37 U.S.C. § 305a(d)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], added subsec. (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(3)], added subsec. (d). Former subsec. (d) redesignated (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.

    Effective date note
    Pub. L. 106–398, § 1 [[div. A], title VI, § 630(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.”

27. 2000

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

    1. Redesignated · 37 U.S.C. § 305a(e)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(2), (b)], redesignated subsec. (d) as (e)

    2. Inserted · 37 U.S.C. § 305a(e)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(2), (b)], inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a)(2), (b)], redesignated subsec. (d) as (e) and inserted heading.

    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.

    Effective date note
    Pub. L. 106–398, § 1 [[div. A], title VI, § 630(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000, and shall apply with respect to months beginning on or after that date.”

28. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title VI § 618 · 122 Stat. 3

    Added · 37 U.S.C. § 305a(e)(1)(A)(iv)

    Pub. L. 110–181 added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A)(iv). Pub. L. 110–181 added cl. (iv).

    Enacted provision · exact public law section
    SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE SERVICE AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW SHIPS.   Section 305a(e)(1)(A) of title 37, United States Code, is amended— (1) by striking “or” at the end of clause (ii); and (2) by adding at the end the following new clause: “(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or” .

47 of 47 references resolved to an enrolled provision