
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-107 Section 513(e)]
[Document affected by Public Law 107-107 Section 603(a)]
[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, if the site is outside reasonable commuting distance 
        from the member's residence.

    (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) 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.
    (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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
206(a)................................  37:301(a) (less 45 words before      Oc
t. 12, 1949, ch. 681, Sec.
                                         proviso and proviso).                5
01(a) (less 45 words before
                                         37:301(e) (as applicable to basic    p
roviso), (b) (less 1st sentence),
                                         pay).                                (
e) (as applicable to basic pay),
                                                                              6
3 Stat. 825, 827; Aug. 10, 1956,
                                                                              c
h. 1041, Sec.  20(e), (f), 70A
                                                                              S
tat. 629; June 30, 1960, Pub. L.
                                                                              8
6-559, Sec.  8, 74 Stat. 282.
206(b)................................  37:301(a) (proviso).
206(c)................................  32:303(c).                           [N
one.]
206(d)................................  37:301(b) (less 1st sentence).
-------------------------------------------------------------------------------
---------------------------------

    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

    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.

                            Cross References

    Inactive-duty training defined, see section 101 of this title and 
section 101 of Title 10, Armed Forces.
    Incentive pay for hazardous duty, see section 301 of this title.
    Rations in kind when instruction or duty periods total at least 8 
hours in calendar day, see section 402 of this title.

              Section Referred to in Other Sections

    This section is referred to in sections 101, 204, 301, 301a, 301c, 
304, 308d, 316, 320, 402, 433, 707, 1012 of this title; title 5 section 
8440e; title 10 sections 101, 1076a, 1465, 1466, 12319; title 26 section 
3121; title 31 section 698a; title 32 section 715; title 38 section 101; 
title 42 section 409.
