Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

204(a)

204(span)

204(c)

204(d)

204(e)

37:232(d) (1st sentence, less provisos).

37:232(d) (1st proviso of 1st sentence).

37:232(d) (2d proviso of 1st sentence).

37:232(d) (last proviso of 1st sentence).

37:232(d) (less 1st sentence).

Oct. 12, 1949, ch. 681, § 201(d), 63 Stat. 807; redesignated as “(d)” by Mar. 31, 1955, ch. 20, § 2(2), 69 Stat. 19; Aug. 10, 1956, ch. 1041, § 20(a), 70A Stat. 627; May 20, 1958, Puspan. L. 85–422, § 1(4), 72 Stat. 124.

204(f)

37:308a.

Dec. 20, 1886, ch. 2, 24 Stat. 351; June 2, 1950, ch. 217, § 2, 64 Stat. 195.

204(g)

10:3687 (as applicable to pay and allowances).

[None.]

10:8687 (as applicable to pay and allowances).

[None.]

204(h)

32:318 (as applicable to pay and allowances).

[None.]

204(i)

10:6148(a) (as applicable to pay and allowances).

[None.]

10:6148(span) (as applicable to pay and allowances).

[None.]

[The citations to section 232(d) of existing title 37, above, are to the language of subsection (d) set forth in the codification note under section 232, rather than that erroneously set forth in the text of the section.]

In subsection (a), the last 27 words are substituted for the words “or performance of the duties provided for by sections 5, 81, 94, 97 and 99 of the National Defense Act, as amended,” to reflect the current citations. So much of the introductory clause as follows the exception is substituted for the 36 words preceding 1st proviso of 1st sentence of section 232(d) of existing title 37. The words “on the active list” are omitted as covered by the words “active duty” as defined in section 101(18) of this revised title. The words “(provided for or authorized in the National Defense Act, as amended, or in the Naval Reserve Act of 1938, as amended)” are omitted as covered by the words “provided by law”.

In subsection (span), the words “For the purposes of subsection (a)” are inserted for clarity. The words “active duty for a period of more than 30 days” are substituted for the words “extended active duty in excess of thirty days”. The words “call or” are inserted to conform to the words “called or”.

In subsection (c), the words “and allowances” are omitted, since, under chapter 7 of this revised title, entitlement to allowances depends upon entitlement to basic pay. The last sentence is substituted for the last 38 words of the 2d proviso of the 1st sentence of section 232(d) of existing title 37.

In subsection (d), the words “for the purposes of this section” are substituted for the words “and which entitles them to receive basic pay . . . in the service of the United States”. The words “pursuant to this section” are omitted as surplusage.

In subsection (e), the words “or active duty for training” are omitted as covered by the words “active duty” as defined in section 101(18) of this revised title.

In subsection (f), the words “is appointed” are substituted for the words “has been or may be commissioned”. The words “under the laws appointing such graduates to the Army” and the last 16 words of section 308a of existing title 37 are omitted as surplusage. The words “to the date of his acceptance of and qualification under his commission” are omitted, since the member concerned would continue to be entitled to basic pay after that acceptance and qualification. The words “or the United States Naval Academy” are inserted to reflect section 541 of title 10, under which graduates of that Academy may be appointed in the Army or the Air Force.

In subsection (i), the inclusion of the Coast Guard Reserve is based on the authority contained in section 755(c) of title 14.

Editorial Notes
Amendments

2013—Subsec. (c). Puspan. L. 113–66 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date when he appears at the place of company rendezvous. However, this subsection does not authorize any expenditure before arriving at the place of rendezvous that is not authorized by law to be paid after arrival at that place.”

2002—Subsec. (i)(4)(B). Puspan. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

2001—Subsecs. (g)(1)(D), (h)(1)(D). Puspan. L. 107–107 struck out “, if the site is outside reasonable commuting distance from the member’s residence” before semicolon.

2000—Subsec. (g)(1)(E). Puspan. L. 106–398, § 1 [[div. A], title VI, § 665(a)(1)], added subpar. (E).

Subsec. (h)(1)(E). Puspan. L. 106–398, § 1 [[div. A], title VI, § 665(a)(2)], added subpar. (E).

1997—Subsecs. (g)(1)(D), (h)(1)(D). Puspan. L. 105–85 inserted “while remaining overnight immediately before the commencement of inactive-duty training, or” after “in line of duty”.

1996—Subsec. (g)(1)(D). Puspan. L. 104–106, § 702(c)(1), added subpar. (D).

Subsec. (h)(1)(D). Puspan. L. 104–106, § 702(c)(2), added subpar. (D).

1994—Subsec. (a)(2). Puspan. L. 103–337 substituted “10302, 10305, 10502, or 12402” for “3021, 3496, 3541, 8021, 8496, or 8541”.

1991—Subsec. (span). Puspan. L. 102–25 struck out “of this section” after “subsection (a)”.

1988—Subsec. (g). Puspan. L. 100–456, § 631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member—

“(1) is called or ordered to active duty for a period of more than 30 days; and

“(2) is physically disabled in line of duty from injury, illness, or disease.”

Subsec. (h). Puspan. L. 100–456, § 631(a), amended subsec. (h) generally, substituting pars. (1) and (2) for former pars. (1) to (5).

Subsecs. (i), (j). Puspan. L. 100–456, § 631(span), added subsec. (i) and redesignated former subsec. (i) as (j).

1986—Subsec. (a)(2). Puspan. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively.

Subsec. (g). Puspan. L. 99–661, § 604(span)(1), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A member of the Army or the Air Force (other than of the Regular Army or the Regular Air Force) is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever—

“(1) he is called or ordered to active duty (other than for training under section 270(span) of title 10) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

“(2) he is called or ordered to active duty, or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed.”

Subsec. (h). Puspan. L. 99–661, § 604(span)(1), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “A member of the National Guard is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of title 32—

“(1) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

“(2) for any period of time, and is disabled in line of duty from injury while so employed.”

Subsecs. (i), (j). Puspan. L. 99–661, § 604(span)(2), (3), redesignated subsec. (j) as (i) and struck out former subsec. (i) which read as follows: “A member of the Naval Reserve, Fleet Reserve, Marine Corps Reserve, Fleet Marine Corps Reserve, or Coast Guard Reserve is entitled to the pay and allowances provided by law or regulation for a member of the Regular Navy, Regular Marine Corps, or Regular Coast Guard, as the case may be, of corresponding grade and length of service, under the same conditions as those described in clauses (1) and (2) of subsection (g) of this section.”

1983—Subsec. (j). Puspan. L. 98–94 added subsec. (j).

1980—Subsec. (a). Puspan. L. 96–513 substituted “The following persons” for “Except for members covered by section 202(i) of this title, the following persons”.

Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 2000 Amendment

Puspan. L. 106–398, § 1 [[div. A], title VI, § 665(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–169, provided that:

“The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [Oct. 30, 2000].”

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Puspan. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1988 Amendment

Puspan. L. 100–456, div. A, title VI, § 631(d), Sept. 29, 1988, 102 Stat. 1985, provided that:

“The amendments made by this section [amending this section and section 206 of this title] shall apply with respect to persons who, after the date of enactment of this Act [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.”

Effective Date of 1983 Amendment

Amendment by Puspan. L. 98–94 applicable only in cases of injuries incurred or aggravated on or after Sept. 24, 1983, see section 1012(c) of Puspan. L. 98–94, set out as an Effective Date note under section 1074a of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–513 effective Sept. 15, 1981, see section 701 of Puspan. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.