37 U.S.C. § 206 — Reserves; members of National Guard; members of the Space Force: inactive-duty training

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 857 words · no verdicts yet

in plain englishAI-generated · not legal advice

Reservists, National Guard members, and Space Force members who don't get regular basic pay are paid for inactive-duty training, at 1/30 of the basic pay for their grade. They're paid for scheduled drills, equivalent training, or missed drills due to service-related injury. Pay is capped at four extra training periods a year, and pay rates and standards are set by each service's Secretary.

(a) Under rules the Secretary concerned sets, and as far as appropriations allow, a member of the National Guard, a reserve component, or the Space Force who isn't already entitled to basic pay under section 204 gets paid at 1/30 of the basic pay for a matching grade of a uniformed-service member entitled to basic pay. This pay covers: (1) each regular period of instruction or appropriate duty lasting at least two hours, including on a Sunday or holiday; (2) other equivalent training or duty the Secretary sets; (3) a regular training period the member is scheduled for but can't do because of a physical disability from an injury, illness, or disease suffered or made worse (A) while on duty performing active duty or inactive-duty training, (B) while traveling directly to or from that duty (unless the injury was the member's own gross negligence or misconduct), or (C) while staying overnight right before inactive-duty training starts, or between back-to-back training periods, near the training site; or (4) a training period the member would have to perform but doesn't, because they were authorized to take parental leave under section 711 of title 10 or family leave under section 2512 of title 14. (b) The rules under subsection (a) can differ across each uniformed service, the National Guard, and each type of reserve unit. For each, the Secretary concerned must set: (1) minimum standards a drill or similar training period must meet to count for pay — which can require a minimum number or percentage of a unit's members to show up and take part in specified training; (2) the maximum number of paid assemblies or equivalent periods allowed per fiscal year or shorter period; and (3) the minimum number of assemblies or periods a member must complete in a given time to qualify for pay. (c) A person enlisted in the inactive National Guard isn't paid under this section. (d) (1) Except as paragraph (2) allows, this section doesn't pay for work or study a reserve, Space Force, or National Guard member does on correspondence courses while not in federal service. (2) A member of the Selected Reserve of the Ready Reserve, or the Space Force, can be paid under this section — at a rate and on terms the Secretary of Defense sets, not more than what they'd otherwise get under subsection (a) — for successfully finishing an electronic distributed-learning course tied to unit readiness or mobilization training, as the Secretary concerned directs. This pay applies whether or not the course had an instructor or was directly controlled by the Secretary concerned. (3) The ban in paragraph (1) — including for National Guard members not in federal service — applies to (A) any work or study done on or after September 7, 1962, unless paragraph (2)'s exception covers it, and (B) any claim based on that work or study made after that date. (e) A member of the National Guard, a reserve component, or the Space Force can't be paid under this section for more than four extra periods of equivalent training or duty per fiscal year, in place of their regular training periods that year. (f) A member of the Individual Ready Reserve doesn't get paid under this section for taking part in screening they already get a stipend for under section 433a of this title.

the actual law source: uscode.house.gov ↗public domain

(a)

Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force 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;

(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; or

(4)

for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be required to perform but does not perform because such member was authorized to take parental leave pursuant to section 711 of title 10 or family leave under section 2512 of title 14.

(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)

(1)

Except as provided in paragraph (2), this section does not authorize compensation for work or study performed by a member of a reserve component, by a member of the Space Force, or by a member of the National Guard while not in Federal service in connection with correspondence courses of a uniformed service.

(2)

A member of the Selected Reserve of the Ready Reserve or the Space Force, 1 may be paid compensation under this section at a rate and under terms determined by the Secretary of Defense, but not to exceed the rate otherwise applicable to the member under subsection (a), upon the member’s successful completion of a course of instruction undertaken by the member using electronic-based distributed learning methodologies to accomplish training requirements related to unit readiness or mobilization, as directed for the member by the Secretary concerned. The compensation may be paid regardless of whether the course of instruction was under the direct control of the Secretary concerned or included the presence of an instructor.

(3)

The prohibition in paragraph (1), including the prohibition as it relates to a member of the National Guard while not in Federal service, applies to—

(A)

any work or study performed on or after September 7, 1962, unless that work or study is specifically covered by the exception in paragraph (2); and

(B)

any claim based on that work or study arising after that date.

(e)

A member of the National Guard, a reserve component of the uniformed services, or the Space Force 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.

(f)

A member of the Individual Ready Reserve is not entitled to compensation under this section for participation in screening for which the member is paid a stipend under section 433a of this title.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 98–525, title XIV, § 1402(a), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99–661, div. A, title VI, § 604(c), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 100–456, div. A, title VI, § 631(c), Sept. 29, 1988, 102 Stat. 1985; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VII, § 702(d), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105–85, div. A, title V, § 513(g), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, § 513(e), title VI, § 603(a), Dec. 28, 2001, 115 Stat. 1093, 1133; Pub. L. 109–163, div. A, title VI, § 604, Jan. 6, 2006, 119 Stat. 3287; Pub. L. 109–364, div. A, title VI, § 607, Oct. 17, 2006, 120 Stat. 2247; Pub. L. 110–181, div. A, title VI, § 633(b), Jan. 28, 2008, 122 Stat. 155; Pub. L. 116–283, div. A, title VI, § 602(a), Jan. 1, 2021, 134 Stat. 3670; Pub. L. 118–31, div. A, title VI, § 601(b), Dec. 22, 2023, 137 Stat. 288; Pub. L. 119–60, div. A, title VI, § 601(b)(4), div. G, title LXXII, § 7225(c), Dec. 18, 2025, 139 Stat. 902, 1705.)

history & why it existsrecord from the source credit

1962Enacted · Pub. L. 87-649 · 76 Stat. 460
1984Amended · Pub. L. 98-525 · 98 Stat. 2620
1986Amended · Pub. L. 99-661 · 100 Stat. 3876
1988Amended · Pub. L. 100-456 · 102 Stat. 1985
1991Amended · Pub. L. 102-25 · 105 Stat. 117
1996Amended · Pub. L. 104-106 · 110 Stat. 371
1997Amended · Pub. L. 105-85 · 111 Stat. 1732
2001Amended · Pub. L. 107-107 · 115 Stat. 1093, 1133
2006Amended · Pub. L. 109-163 · 119 Stat. 3287
2006Amended · Pub. L. 109-364 · 120 Stat. 2247
2008Amended · Pub. L. 110-181 · 122 Stat. 155
2021Amended · Pub. L. 116-283 · 134 Stat. 3670
2023Amended · Pub. L. 118-31 · 137 Stat. 288
2025Amended · Pub. L. 119-60 · 139 Stat. 902, 1705

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

all 0 arguments · sorted by: best

no arguments yet — make the first case