§ 302c. — Special pay: psychologists and nonphysician health care providers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC302c]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 302c. Special pay: psychologists and nonphysician health
care providers
(a) Public Health Service Corps.--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) 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 Services 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
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.
(Added Pub. L. 100-140, Sec. 2(a), Oct. 26, 1987, 101 Stat. 830; amended
Pub. L. 101-189, div. A, title VII, Sec. 704(a), (b)(1), (c), Nov. 29,
1989, 103 Stat. 1471; Pub. L. 101-510, div. A, title VI, Sec. 618(a),
Nov. 5, 1990, 104 Stat. 1579; Pub. L. 102-25, title VII,
Sec. 702(a)(2)(A), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div. A,
title VI, Sec. 611, Oct. 23, 1992, 106 Stat. 2420; Pub. L. 104-106, div.
A, title VI, Sec. 617, Feb. 10, 1996, 110 Stat. 362; Pub. L. 104-201,
div. A, title VI, Sec. 614(b), Sept. 23, 1996, 110 Stat. 2544; Pub. L.
105-85, div. A, title X, Sec. 1073(c)(5), Nov. 18, 1997, 111 Stat. 1904;
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 627], Oct. 30, 2000,
114 Stat. 1654, 1654A-153.)
Prior Provisions
A prior section 302c, added Pub. L. 96-284, Sec. 3(a)(1), June 28,
1980, 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,
Sec. 414(a), Dec. 12, 1980, 94 Stat. 2906, eff. Sept. 15, 1981.
Amendments
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, Sec. 614(b)(2)(B). See 1996
Amendment note below.
1996--Subsec. (d). Pub. L. 104-201, Sec. 614(b)(1), substituted
``Secretary concerned'' for ``Secretary of Defense'' in introductory
provisions.
Subsec. (d)(1). Pub. L. 104-201, Sec. 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, Sec. 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, Sec. 704(b)(1), struck out ``in the Public
Health Service Corps'' after ``psychologists'' in section catchline.
Subsecs. (a), (b). Pub. L. 101-189, Sec. 704(c), inserted headings.
Subsec. (c). Pub. L. 101-189, Sec. 704(a), added subsec. (c).
Effective Date of 1997 Amendment
Section 1073(c) of Pub. L. 105-85 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.
Effective Date
Section 2(c) of Pub. L. 100-140 provided that: ``The amendments made
by this section [enacting this section and amending section 303a of this
title] shall take effect on October 1, 1987 or on the date of the
enactment of this Act [Oct. 26, 1987], 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 November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Implementation of Subsection (d)
Section 618(b) of Pub. L. 101-510 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 Apr. 29, 1994.]
Implementation of Special Pay for Army, Navy, and Air Force
Psychologists
Section 704(d) of Pub. L. 101-189 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 Apr. 20, 1994.]
Section Referred to in Other Sections
This section is referred to in sections 302f, 303, 303a, 303b of
this title.
