§ 206. — Reserves; members of National Guard: inactiveduty training.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC206]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3--BASIC PAY
Sec. 206. Reserves; members of National Guard: inactive-duty
training
(a) Under regulations prescribed by the Secretary concerned, and to
the extent provided for by appropriations, a member of the National
Guard or a member of a reserve component of a uniformed service who is
not entitled to basic pay under section 204 of this title, is entitled
to compensation, at the rate of \1/30\ of the basic pay authorized for a
member of a uniformed service of a corresponding grade entitled to basic
pay--
(1) for each regular period of instruction, or period of
appropriate duty, at which the member is engaged for at least two
hours, including that performed on a Sunday or holiday;
(2) for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may
prescribe; or
(3) for a regular period of instruction that the member is
scheduled to perform but is unable to perform because of physical
disability resulting from an injury, illness, or disease incurred or
aggravated--
(A) in line of duty while performing--
(i) active duty; or
(ii) inactive-duty training;
(B) while traveling directly to or from that duty or
training (unless such injury, illness, disease, or aggravation
of an injury, illness, or disease is the result of the gross
negligence or misconduct of the member); or
(C) 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.
(b) The regulations prescribed under subsection (a) for each
uniformed service, the National Guard, and each of the classes of
organization of the reserve components within each uniformed service,
may be different. The Secretary concerned shall, for the National Guard
and each of the classes of organization within each uniformed service,
prescribe--
(1) minimum standards that must be met before an assembly for
drill or other equivalent period of training, instruction, duty, or
appropriate duties may be credited for pay purposes, and those
standards may require the presence for duty of officers and enlisted
members in numbers equal to or more than a minimum number or
percentage of the unit strength for a specified period of time with
participation in a prescribed kind of training;
(2) the maximum number of assemblies or periods of other
equivalent training, instruction, duty, or appropriate duties, that
may be counted for pay purposes in each fiscal year or in lesser
periods of time; and
(3) the minimum number of assemblies or periods of other
equivalent training, instruction, duty, or appropriate duties that
must be completed in stated periods of time before the members of
units or organizations can qualify for pay.
(c) A person enlisted in the inactive National Guard is not entitled
to pay under this section.
(d)(1) Except as provided in paragraph (2), this section does not
authorize compensation for work or study performed by a member of a
reserve component in connection with correspondence courses of a
uniformed service.
(2) A member of the Selected Reserve of the Ready Reserve may be
paid compensation under this section at a rate and under terms
determined by the Secretary of Defense, but not to exceed the rate
otherwise applicable to the member under subsection (a), upon the
member's successful completion of a course of instruction undertaken by
the member using electronic-based distributed learning methodologies to
accomplish training requirements related to unit readiness or
mobilization, as directed for the member by the Secretary concerned. The
compensation may be paid regardless of whether the course of instruction
was under the direct control of the Secretary concerned or included the
presence of an instructor.
(e) A member of the National Guard or of a reserve component of the
uniformed services may not be paid under this section for more than four
periods of equivalent training, instruction, duty, or appropriate duties
performed during a fiscal year instead of the member's regular period of
instruction or regular period of appropriate duty during that fiscal
year.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 98-525, title XIV,
Sec. 1402(a), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99-661, div. A,
title VI, Sec. 604(c), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 100-456,
div. A, title VI, Sec. 631(c), Sept. 29, 1988, 102 Stat. 1985; Pub. L.
102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117;
Pub. L. 104-106, div. A, title VII, Sec. 702(d), Feb. 10, 1996, 110
Stat. 371; Pub. L. 105-85, div. A, title V, Sec. 513(g), Nov. 18, 1997,
111 Stat. 1732; Pub. L. 107-107, div. A, title V, Sec. 513(e), title VI,
Sec. 603(a), Dec. 28, 2001, 115 Stat. 1093, 1133.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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206(a)................................ 37:301(a) (less 45 words before Oct. 12, 1949, ch. 681, Sec.
proviso and proviso). 501(a) (less 45 words before
37:301(e) (as applicable to basic proviso), (b) (less 1st sentence),
pay). (e) (as applicable to basic pay),
63 Stat. 825, 827; Aug. 10, 1956,
ch. 1041, Sec. 20(e), (f), 70A
Stat. 629; June 30, 1960, Pub. L.
86-559, Sec. 8, 74 Stat. 282.
206(b)................................ 37:301(a) (proviso).
206(c)................................ 32:303(c). [None.]
206(d)................................ 37:301(b) (less 1st sentence).
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In subsection (a), the words ``National Guard'' are substituted for
the words ``National Guard, Air National Guard'', in section 301(a) of
existing title 37, to conform to the definition of ``National Guard'' in
section 101(6) of this revised title. The words ``member of a reserve
component of a uniformed service'' are substituted for the words
``National Guard of the United States, Air National Guard of the United
States, Organized Reserve Corps, Naval Reserve, Air Force Reserve,
Marine Corps Reserve, Coast Guard Reserve, and the Reserve Corps of the
Public Health Service,'' since all of those organizations, or their
successors, are the reserve components of the uniformed services. The
words ``who is not entitled to basic pay under section 204 of this
title'' are substituted for section 301(e) as (applicable to basic pay)
of existing title 37. The words ``of a corresponding grade'' are
inserted for clarity.
In subsection (b), the words ``National Guard or reserve
components'' are substituted for the listing of organizations for the
reasons set forth above. Reference to ``classes of organization,'' so
far as they relate to the National Guard, are omitted, since there are
no classes of organization of the National Guard.
Prior Provisions
Provisions similar to those comprising subsec. (e) of this section
were contained in the following appropriation acts:
Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8020], Oct.
12, 1984, 98 Stat. 1904, 1927.
Pub. L. 98-212, title VII, Sec. 722, Dec. 8, 1983, 97 Stat. 1442.
Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 725], Dec. 21,
1982, 96 Stat. 1833, 1855.
Pub. L. 97-114, title VII, Sec. 725, Dec. 29, 1981, 95 Stat. 1583.
Pub. L. 96-527, title VII, Sec. 726, Dec. 15, 1980, 94 Stat. 3086.
Pub. L. 96-154, title VII, Sec. 726, Dec. 21, 1979, 93 Stat. 1157.
Pub. L. 95-457, title VIII, Sec. 826, Oct. 13, 1978, 92 Stat. 1248.
Amendments
2001--Subsec. (a)(3)(C). Pub. L. 107-107, Sec. 513(e), struck out
``, if the site is outside reasonable commuting distance from the
member's residence'' before period at end.
Subsec. (d). Pub. L. 107-107, Sec. 603(a), designated existing
provisions as par. (1), substituted ``Except as provided in paragraph
(2), this section'' for ``This section'' and ``a uniformed service'' for
``an armed force'', and added par. (2).
1997--Subsec. (a)(3)(C). Pub. L. 105-85 inserted ``while remaining
overnight immediately before the commencement of inactive-duty training,
or'' after ``in line of duty''.
1996--Subsec. (a)(3)(C). Pub. L. 104-106 added subpar. (C).
1991--Subsec. (b). Pub. L. 102-25 struck out ``of this section''
after ``subsection (a)''.
1988--Subsec. (a)(3)(A)(i). Pub. L. 100-456 struck out ``for a
period of 30 days or less'' after ``active duty''.
1986--Subsec. (a). Pub. L. 99-661, substituted ``entitled to basic
pay--'' and pars. (1) to (3) for ``entitled to basic pay, for each
regular period of instruction, or period of appropriate duty, at which
he is engaged for at least two hours, including that performed on a
Sunday or holiday, or for the performance of such other equivalent
training, instruction, duty, or appropriate duties, as the Secretary may
prescribe.''
1984--Subsec. (e). Pub. L. 98-525 added subsec. (e).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-456 applicable with respect to persons who,
after Sept. 29, 1988, incur or aggravate an injury, illness, or disease,
or who die as the result of incurring or aggravating an injury, illness,
or disease, see section 631(d) of Pub. L. 100-456, set out as a note
under section 204 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-525 effective Oct. 1, 1985, see section 1404
of Pub. L. 98-525, set out as a note under section 520b of Title 10,
Armed Forces.
Section Referred to in Other Sections
This section is referred to in sections 101, 204, 301, 301a, 301c,
304, 307, 308d, 316, 320, 402, 433, 707, 1012 of this title; title 5
section 8440e; title 10 sections 101, 1076a, 1465, 1466, 12319, 12503;
title 26 section 3121; title 31 section 698a; title 32 sections 115,
715; title 38 section 101; title 42 section 409.
