§ 1002. — Additional training or duty without pay: Reserves and members of National Guard.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC1002]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 19--ADMINISTRATION
Sec. 1002. Additional training or duty without pay: Reserves and
members of National Guard
(a) A member of the National Guard, or of a reserve component of a
uniformed service, may, with his consent, be given additional training
or other duty as provided by law, without pay, as may be authorized by
the Secretary concerned.
(b)(1) A member who performs training or other duty without pay
under subsection (a) may, in the discretion of the Secretary concerned,
be authorized the travel and transportation allowances prescribed by
section 404(a)-(d), and (f), of this title for travel performed to and
from that training or duty, and, during the performance of that training
or duty, be furnished with subsistence and quarters in kind or
commutation thereof at a rate to be fixed by the Secretary concerned.
(2) If a military technician (dual status), as described in section
10216 of title 10, is performing active duty without pay while on leave
from technician employment, as authorized by section 6323(d) of title 5,
the Secretary concerned may authorize the payment of a per diem
allowance to the military technician in lieu of commutation for
subsistence and quarters under paragraph (1).
(c) This section does not authorize compensation for work or study
performed by a member of a reserve component in connection with
correspondence courses of an armed force.
(d) This section does not apply to a member who is entitled to basic
pay under chapter 3 of this title.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 102-25, title VII,
Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106-65, div.
A, title VI, Sec. 672(a), Oct. 5, 1999, 113 Stat. 674.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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1002(a)............................... 37:301(b) (1st sentence, less last Oct. 12, 1949, ch. 681, Sec.
75 words). 501(b), (e) (as applicable to duty
1002(b)............................... 37:301(b) (last 75 words of 1st without pay), 63 Stat. 826, 827;
sentence). Aug. 10, 1956, ch. 1041, Sec.
1002(c)............................... 37:301(b) (less 1st sentence). 20(f), 70A Stat. 629; June 30,
37:301(e) (as applicable to duty 1960, Pub. L. 86-559, Sec. 8, 74
1002(d)............................... without pay). Stat. 282; Aug. 25, 1961, Pub. L.
87-164, 75 Stat. 401.
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In subsection (a), the words ``A member of the National Guard, or of
a reserve component'' are substituted for the enumeration of those
reserve categories to conform to other sections of this revised title.
In subsection (b), the words ``section 404(a)-(d), and (f), of this
title'' are substituted for the words ``section 253(a) of this title''
to reflect the section of this revised title which restates that
section.
Subsection (d) is substituted for section 301(e) of existing title
37.
Amendments
1999--Subsec. (b). Pub. L. 106-65 designated existing provisions as
par. (1) and added par. (2).
1991--Subsec. (b). Pub. L. 102-25 struck out ``of this section''
after ``subsection (a)''.
Effective Date of 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 672(c), Oct. 5, 1999, 113
Stat. 674, provided that: ``The amendment made by subsection (a)
[amending this section] shall be effective as of February 10, 1996, as
if included in section 1039 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 432 [amending
section 6323 of Title 5, Government Organization and Employees]).
Section Referred to in Other Sections
This section is referred to in section 1012 of this title.
