§ 305. — Special pay: hardship duty pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC305]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 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 at a
monthly rate not to exceed $300 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.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88-132,
Sec. 12(a), Oct. 2, 1963, 77 Stat. 217; Pub. L. 90-623, Sec. 3(4), Oct.
22, 1968, 82 Stat. 1314; Pub. L. 95-485, title VIII, Sec. 804(b)(1),
Oct. 20, 1978, 92 Stat. 1620; Pub. L. 102-25, title VII, Sec. 702(b)(1),
(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105-85, div. A, title VI,
Sec. 619(a)-(c)(1), Nov. 18, 1997, 111 Stat. 1789, 1790; Pub. L. 105-
261, div. A, title VI, Sec. 617(a), (c)(1), Oct. 17, 1998, 112 Stat.
2041.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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305(a)................................ 37:237. Oct. 12, 1949, ch. 681, Sec. 206,
63 Stat. 811; May 20, 1958, Pub.
L. 85-422, Sec. 1(7), 72 Stat.
125.
305(b)................................ 37:237a. June 30, 1954, ch. 432, Sec. 729,
68 Stat. 355.
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In subsection (a), the words ``Except as provided by subsection (b)
of this section'' are inserted for clarity. The words ``is also . . .
entitled'' are substituted for the words ``shall, in addition thereto .
. . be entitled''. The words ``any place outside the United States, or
in Alaska or Hawaii'' are substituted for the words ``beyond the
continental limits of the United States or in Alaska'', since, under the
source statute, Hawaii was beyond the continental limits of the United
States, and the United States, as defined in section 101(1) of this
revised title, would otherwise include Alaska and Hawaii. This
interpretation conforms to the opinion of the Comptroller General, B-
138956, April 20, 1959 (38 Comp. Gen. 710).
In subsection (b), the words ``Appropriation of'' are substituted
for the words ``of the funds appropriated to'' The words ``may not be
paid'' are substituted for the words ``no part . . . shall be available
for the payment'' The words ``member of a uniformed service'' are
substituted for the words ``person in the military service'' to conform
to subsection (a). The words ``Puerto Rico'' are inserted for clarity,
since the source statute was applicable to that place. The words
``Virgin Islands'' are inserted, since that unincorporated territory is
not covered by the word ``possession''. The word ``Territory'' is
omitted as obsolete.
Amendments
1998--Pub. L. 105-261, Sec. 617(c)(1), struck out ``location'' after
``duty'' in section catchline.
Subsec. (a). Pub. L. 105-261, Sec. 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.''
Subsec. (b). Pub. L. 105-261, Sec. 617(a)(4), redesignated subsec.
(d) as (b).
Pub. L. 105-261, Sec. 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.''
Subsec. (c). Pub. L. 105-261, Sec. 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.''
Subsec. (d). Pub. L. 105-261, Sec. 617(a)(4), redesignated subsec.
(d) as (b).
Pub. L. 105-261, Sec. 617(a)(3), substituted ``hardship duty pay''
for ``hardship duty location pay''.
1997--Pub. L. 105-85, Sec. 619(c)(1), substituted ``hardship duty
location pay'' for ``while on duty at certain places'' in section
catchline.
Subsec. (a). Pub. L. 105-85, Sec. 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:
------------------------------------------------------------------------
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.................................................... 8.00.''
------------------------------------------------------------------------
Subsec. (b). Pub. L. 105-85, Sec. 619(b)(1), inserted heading and
substituted ``as hardship duty location pay'' for ``as foreign duty
pay'' in text.
Subsec. (c). Pub. L. 105-85, Sec. 619(b)(2), inserted heading and
substituted ``hardship duty location pay under subsection (a)'' for
``special pay under this section'' in text.
Subsec. (d). Pub. L. 105-85, Sec. 619(b)(3), added subsec. (d).
1991--Subsec. (a). Pub. L. 102-25 struck out ``of this section''
after ``subsections (b) and (c)''.
Subsec. (b). Pub. L. 102-25 struck out ``of this section'' after
``subsection (a)''.
1978--Pub. L. 95-485, Sec. 804(b)(1)(C), substituted ``on duty'' for
``on sea duty or duty'' in section catchline.
Subsec. (a). Pub. L. 95-485, Sec. 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.
Subsec. (c). Pub. L. 95-485, Sec. 804(b)(1)(B), added subsec. (c).
1968--Subsec. (a)(2). Pub. L. 90-623 substituted ``48 contiguous
States'' for ``contiguous 48 States''.
1963--Pub. L. 88-132 substituted ``while on sea duty or duty at
certain places'' for ``sea and foreign duty'' in section catchline.
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.
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''.
Effective Date of 1978 Amendment
Section 804(b)(3) of Pub. L. 95-485 provided that: ``The amendments
made by this subsection [amending this section] shall take effect on
October 1, 1978.''
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Effective Date of 1963 Amendment
Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of this title.
Savings Provision
Section 12(b) of Pub. L. 88-132 provided that: ``Notwithstanding
subsection (a) [amending this section], an enlisted member who, on the
day before the effective date of this Act [Oct. 1, 1963], was
permanently assigned to duty at a place outside the United States or in
Alaska or Hawaii, shall, during the remaining period of that assignment,
but not after that place is designated for the purpose of section
305(a)(2) of title 37, United States Code, be paid the basic pay to
which he was entitled on that date plus special pay under section 305 of
title 37, United States Code, whenever qualified thereunder as that
section was in effect on the day before the effective date of this Act,
if the total of that basic pay and that special pay is more than the
basic pay to which he would otherwise be entitled during that period
under section 2 of this Act [amending section 203 of this title].''
Transition Provision
Section 619(e) of Pub. L. 105-85 provided that: ``Until such time as
the Secretary of Defense prescribes regulations regarding the provision
of hardship duty location pay under section 305 of title 37, United
States Code, as amended by this section, the Secretary may continue to
use the authority provided by such section 305, as in effect on the day
before the date of the enactment of this Act [Nov. 18, 1997], to provide
special pay to enlisted members of the uniformed services on duty at
certain places.''
Sea Duty Performed Between October 1, 1978, and September 30, 1981
Section 804(c) of Pub. L. 95-485 provided that: ``Any individual who
on September 30, 1978, is an enlisted member of a uniformed service
shall be eligible to receive special pay under section 305(a)(1) of
title 37, United States Code, as in effect on September 30, 1978, for
any period of sea duty performed by such individual during the period
beginning on October 1, 1978, and ending on September 30, 1981, for
which such individual does not receive special pay under section 305a of
such title (as added by subsection (a)).''
Regulations Relating to Special Pay
Regulations relating to special pay for sea duty and duty at certain
places, see Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, set out as
a note under section 301 of this title.
Executive Order No. 10168
Ex. Ord. No. 10168, Oct. 11, 1950, 15 F.R. 6877, as amended by Ex.
Ord. No. 10821, May 20, 1959, 24 F.R. 4123; Ex. Ord. No. 10989, Jan. 23,
1962, 27 F.R. 727; Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631,
which concerned regulations relating to special pay for sea duty and
duty at certain places, was revoked by Ex. Ord. No. 11157, June 22,
1964, 29 F.R. 7973, set out as a note under section 301 of this title.
Section Referred to in Other Sections
This section is referred to in section 907 of this title.
