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37 U.S.C. § 433 — Allowance for muster duty

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 433 — Allowance for muster duty

**(a)** Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve is entitled to an allowance for muster duty performed pursuant to [section 12319 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12319&num=0&edition=prelim) if the member is engaged in that duty for at least two hours. **(b)** The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under [section 452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) as in effect on September 30 of the year preceding the year in which the muster duty is performed. **(c)** The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the performance of muster duty and shall constitute payment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the designated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays. **(d)** A member who performs muster duty is not entitled to compensation for inactive-duty training under [section 206(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206/a&num=0&edition=prelim) for

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Source file: Laws/federal/codes/united-states-code/title-37/section-433-allowance-for-muster-duty--90018b3775.md
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Source location: Title 37, Chapter 7, § 433; chapter-007-allowances-other-than-travel-and-transportation-allowances.md

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**(a)** Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve is entitled to an allowance for muster duty performed pursuant to [section 12319 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12319&num=0&edition=prelim) if the member is engaged in that duty for at least two hours. **(b)** The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under [section 452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) as in effect on September 30 of the year preceding the year in which the muster duty is performed. **(c)** The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the performance of muster duty and shall constitute payment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the designated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays. **(d)** A member who performs muster duty is not entitled to compensation for inactive-duty training under [section 206(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206/a&num=0&edition=prelim) for the same period.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 691 — Repealed. Pub. L. 117–263, div. A, title IV, § 402(a)(1), Dec. 23, 2022, 136 Stat. 2551]

### Statutory Notes Section, added Pub. L. 104–106, div. A, title IV, § 401(b)(1), Feb. 10, 1996, 110 Stat. 285; amended Pub. L. 104–201, div. A, title IV, § 402, Sept. 23, 1996, 110 Stat. 2503; Pub. L. 105–85, div. A, title IV, § 402, Nov. 18, 1997, 111 Stat. 1719; Pub. L. 105–261, div. A, title IV, § 402(a), (b), Oct. 17, 1998, 112 Stat. 1995, 1996; Pub. L. 106–65, div. A, title IV, § 402(a), title X, § 1066(b)(1), Oct. 5, 1999, 113 Stat. 585, 772; Pub. L. 106–398, § 1 [[div. A], title IV, §§ 402(a), 403], Oct. 30, 2000, 114 Stat. 1654, 1654A–92; Pub. L. 107–107, div. A, title IV, § 402, Dec. 28, 2001, 115 Stat. 1069; Pub. L. 107–314, div. A, title IV, § 402, Dec. 2, 2002, 116 Stat. 2524; Pub. L. 108–136, div. A, title IV, § 402, Nov. 24, 2003, 117 Stat. 1450; Pub. L. 108–375, div. A, title IV, § 402, Oct. 28, 2004, 118 Stat. 1862; Pub. L. 109–163, div. A, title IV, § 402, Jan. 6, 2006, 119 Stat. 3219; Pub. L. 109–364, div. A, title IV, § 402, Oct. 17, 2006, 120 Stat. 2169; Pub. L. 110–181, div. A, title IV, § 402, Jan. 28, 2008, 122 Stat. 86; Pub. L. 110–417, [div. A], title IV, § 402, Oct. 14, 2008, 122 Stat. 4428; Pub. L. 111–84, div. A, title IV, § 402, Oct. 28, 2009, 123 Stat. 2265; Pub. L. 111–383, div. A, title IV, § 402, Jan. 7, 2011, 124 Stat. 4202; Pub. L. 112–81, div. A, title IV, § 402, Dec. 31, 2011, 125 Stat. 1382; Pub. L. 112–239, div. A, title IV, § 402, Jan. 2, 2013, 126 Stat. 1708; Pub. L. 113–66, div. A, title IV, § 402(a), Dec. 26, 2013, 127 Stat. 744; Pub. L. 113–291, div. A, title IV, § 402, Dec. 19, 2014, 128 Stat. 3349; Pub. L. 114–92, div. A, title IV, § 402, Nov. 25, 2015, 129 Stat. 801; Pub. L. 114–328, div. A, title IV, § 402, Dec. 23, 2016, 130 Stat. 2091; Pub. L. 115–91, div. A, title IV, § 402, Dec. 12, 2017, 131 Stat. 1368; Pub. L. 115

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12319 — Ready Reserve: muster duty

**(a)** Under regulations prescribed by the Secretary of Defense, a member of the Ready Reserve may be ordered without his consent to muster duty one time each year. A member ordered to muster duty under this section shall be required to perform a minimum of two hours of muster duty on the day of muster. **(b)** The period which a member may be required to devote to muster duty under this section, including round-trip travel to and from the location of that duty, may not total more than one day each calendar year. **(c)** Except as specified in subsection (d), muster duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this title and the provisions of title 37 (other than section 206(a)) and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors. **(d)** Muster duty under this section shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12319

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 452 — Allowable travel and transportation: general authorities

**(a) In General.—** Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler may be provided transportation-, lodging-, or meals-in-kind, or actual and necessary expenses of travel and transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under [section 464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim). **(b) Specific Circumstances.—** The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under [section 464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim): (1) Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location. (2) Permanent change of station that requires travel between an old and new temporary or permanent duty assignment location or other authorized location. (3) Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours. (4) Recruiting duties for the armed forces. (5) Assignment or detail to another Government department or agency. (6) Rest and recuperative leave. (7) Convalescent leave. (8) Reenlistment leave. (9) Reserve component inactive-duty training performed outside the normal commuting distance of the member’s permanent residence. (10) Ready Reserve muster duty. (11) Unusual, extraordinary, hardship, or emergency circumstances. (12) Presence of family members at a military medical facility in

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 687 — Renumbered § 12319]

### Statutory Notes #### Codification Another section 687 was renumbered [section 12321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12321&num=0&edition=prelim). #### Prior Provisions A prior section 687, added Pub. L. 87–651, title I, § 102(a), Sept. 7, 1962, 76 Stat. 506; amended Pub. L. 89–718, § 6, Nov. 2, 1966, 80 Stat. 1115, related to readjustment payment upon involuntary release of non-regulars from active duty, prior to repeal by Pub. L. 96–513, title I, § 109(a), Dec. 12, 1980, 94 Stat. 2870, effective Sept. 15, 1981.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 433 — Allowance for muster duty

Page 194 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 432 of section 901 and sections 705 and 903 of the For- eign Service Act of 1980 (22 U.S.C. 4081(2), (3), (4), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5. (b) The authority of the Secretary of Defense to make payments under subsection (a) is effec- tive for any fiscal year only to the extent that appropriated funds are available for such pur- pose. (c) Members of the armed forces may not re- ceive benefits under both subsection (a) and any other provision of this title for the same pur- pose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. (d) Regulations prescribed under subsection (a) may not take effect until the Secretary of De- fense has submitted such regulations to— (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intel- ligence of the House of Representatives. (e) Subsection (a) applies to members of the armed forces who— (1) are assigned— (A) to Defense Attache´ Offices or Defense Intelligence Agency Liaison Offices outside the United States; or (B) to the Defense Intelligence Agency and engaged in intelligence-related duties out- side the United States; and (2) are designated by the Secretary of De- fense for the purposes of subsection (a). (Added Pub. L. 99–145, title XIII, § 1302(b)(1), Nov. 8, 1985, 99 Stat. 738, § 431; amended Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–93, title V, § 502(b), Jan. 6, 1996, 109 Stat. 973; Pub. L. 106–65, div. A, title X, § 1067(2), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–81, div. A,

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 433

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