§305. Special pay: while on duty at certain places

(a) 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

(b) Appropriations of the Department of Defense may not be paid, as foreign duty 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.

(c) A member receiving special pay under section 305a of this title may not be paid special pay under this section for the same period of service.

( Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465 ; Pub. L. 88–132, §12(a), Oct. 2, 1963, 77 Stat. 217 ; Pub. L. 90–623, §3(4), Oct. 22, 1968, 82 Stat. 1314 ; Pub. L. 95–485, title VIII, §804(b)(1), Oct. 20, 1978, 92 Stat. 1620 ; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117 .)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
305(a)	37:237.	Oct. 12, 1949, ch. 681, §206, 63 Stat. 811 ; May 20, 1958, Pub. L. 85–422, §1(7), 72 Stat. 125 .
305(b)	37:237a.	June 30, 1954, ch. 432, §729, 68 Stat. 355 .

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

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, §804(b)(1)(C), substituted "on duty" for "on sea duty or duty" in section catchline.

Subsec. (a). Pub. L. 95–485, §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, §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]."

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.