37 U.S.C. § 1012 — Disbursement and accounting: pay of en-

Page 251 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1012 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Appendix to Title 5. § 1010. Commissioned officers: promotions; effec- tive date for pay and allowances An officer of a uniformed service who is pro- moted to a grade above second lieutenant or en- sign is entitled to the pay and allowances of the grade to which promoted on the effective date of the promotion. (Added Pub. L. 96–513, title IV, § 403(c), Dec. 12, 1980, 94 Stat. 2905; amended Pub. L. 109–364, div. A, title X, § 1071(c)(8), Oct. 17, 2006, 120 Stat. 2401.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–364 substituted ‘‘promotions’’ for ‘‘promotion’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of Title 10, Armed Forces. § 1011. Mess operation: reimbursement of ex- penses (a) The Secretary of Defense shall, by regula- tion, establish rates for meals sold at messes to officers, civilians, and enlisted members. Such rates shall be established at a level sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned, but members of the uniformed services and civil- ians in a travel status receiving a per diem al- lowance in lieu of subsistence shall be charged at a rate of not less than $2.50 per day. Notwith- standing the preceding sentence, if the Sec- retary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this sub- section by the amount of that rate attributable to operating expenses. (b) For the purposes of this section, payment for meals at the rates established under this sec- tion may be made in cash or, in the case of en- listed members or civilian employees, by deduc- tion from pay. Members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of vis- iting a military installation or when residing at a military installation pursuant to an agree- ment in effect on June 30, 1986, and permitted to eat in the general mess by the commanding offi- cer of the installation, shall pay the commuted ration cost of such meal or meals. (c) Spouses and dependent children of enlisted members in pay grades E–1, E–2, E–3, and E–4 may not be charged for meals sold at messes in excess of a level sufficient to cover food costs. (d) When the Coast Guard is not operating as a service in the Navy, the Secretary of Home- land Security shall establish rates for meals sold at Coast Guard dining facilities, provide for reimbursement of operating expenses and food costs to the appropriations concerned, and re- duce the rates for such meals when the Sec- retary determines that it is in the best interest of the United States to do so. (Added Pub. L. 96–513, title IV, § 413, Dec. 12, 1980, 94 Stat. 2906; amended Pub. L. 99–145, title VIII, § 810(a), Nov. 8, 1985, 99 Stat. 681; Pub. L. 99–661, div. A, title VI, § 655, Nov. 14, 1986, 100 Stat. 3891; Pub. L. 101–189, div. A, title III, § 321, Nov. 29, 1989, 103 Stat. 1413; Pub. L. 104–324, title II, § 214(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes AMENDMENTS 2002—Subsec. (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1996—Subsec. (d). Pub. L. 104–324 added subsec. (d). 1989—Subsec. (a). Pub. L. 101–189 substituted ‘‘and en- listed members’’ for ‘‘or enlisted members entitled to a per diem transportation allowance determined under section 404(d)(2) of this title’’ and inserted at end ‘‘Not- withstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals es- tablished under this subsection by the amount of that rate attributable to operating expenses.’’ 1986—Subsec. (b). Pub. L. 99–661 inserted ‘‘or when re- siding at a military installation pursuant to an agree- ment in effect on June 30, 1986,’’ in second sentence. 1985—Subsec. (c). Pub. L. 99–145 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 813 of Pub. L. 99–145, formerly set out in a Military Family Policy and Programs note under sec- tion 113 of Title 10, Armed Forces. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of Title 10, Armed Forces. § 1012. Disbursement and accounting: pay of en- listed members of the National Guard Amounts appropriated for the pay, under sub- sections (a), (b), and (d) of section 206, section 301(f), section 402(e), and section 1002 of this title, of enlisted members of the Army National Guard of the United States or the Air National Guard of the United States for attending regular periods of duty and instruction shall be dis- bursed and accounted for by the Secretary of Defense. All such disbursements shall be made for 3-month periods for units of the Army Na- tional Guard or Air National Guard under regu- lations prescribed by the Secretary of Defense, and on pay rolls prepared and authenticated as prescribed in those regulations. Page 252 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1013 (Added Pub. L. 97–258, § 2(i)(2)(B), Sept. 13, 1982, 96 Stat. 1061; amended Pub. L. 99–145, title XIII, § 1303(b)(13)(A), (B), Nov. 8, 1985, 99 Stat. 741; Pub. L. 104–106, div. A, title VI, § 602(c)(2), title IX, § 913(c)(1), Feb. 10, 1996, 110 Stat. 357, 411; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(b)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1012 ......... 31:698a. Aug. 10, 1956, ch. 1041, § 31, 70A Stat. 632. The words ‘‘the Secretary concerned’’ are substituted for ‘‘officers and agents of the Finance Corps of the Army or finance officers of the Air Force, as the case may be’’ and ‘‘the Secretary of the Army or the Sec- retary of the Air Force, as the case may be’’ for con- sistency in the title. The words ‘‘various’’ and ‘‘issued’’ are omitted as surplus. Editorial Notes AMENDMENTS 2000—Pub. L. 106–398 substituted ‘‘section 402(e)’’ for ‘‘section 402(b)(3)’’. 1996—Pub. L. 104–106 substituted ‘‘section 402(b)(3)’’ for ‘‘the last sentence of section 402(b)’’ and substituted ‘‘Secretary of Defense’’ for ‘‘Secretary concerned’’ in two places. 1985—Pub. L. 99–145 inserted ‘‘: pay of enlisted mem- bers of the National Guard’’ in section catchline, and substituted ‘‘for the pay, under subsections (a), (b), and (d) of section 206, section 301(f), the last sentence of sec- tion 402(b), and section 1002 of this title,’’ for ‘‘under sections 206(a), (b), and (d), 301(f), 309, 402(b) (last sen- tence), and 1002 of this title for pay’’, ‘‘All such dis- bursements’’ for ‘‘Disbursements’’, and ‘‘as prescribed in those’’ for ‘‘under the’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title XIII, § 1303(b)(13)(D), Nov. 8, 1985, 99 Stat. 741, provided that: ‘‘The amendments made by this paragraph [amending this section] shall take effect as if included in the enactment of section 2(i) of Public Law 97–258 [enacting this section].’’ § 1013. Payment of compensation for victims of terrorism Any benefit or payment pursuant to section 559 of this title, or section 1032 or 1095a or chap- ter 110 of title 10, shall be paid out of funds available to the Secretary concerned for mili- tary personnel. (Added Pub. L. 99–399, title VIII, § 801(e)(1), Aug. 27, 1986, 100 Stat. 888; amended Pub. L. 100–456, div. A, title XII, § 1233(g)(4), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–510, div. A, title XIV, § 1484(h)(6), Nov. 5, 1990, 104 Stat. 1718.) Editorial Notes CODIFICATION Another section 1013 was renumbered section 1014 of this title. AMENDMENTS 1990—Pub. L. 101–510 substituted ‘‘1095a’’ for ‘‘1095’’. 1988—Pub. L. 100–456 substituted ‘‘section 1032’’ for ‘‘section 1051’’. § 1014. Payment date for pay and allowances (a) Amounts of basic pay, basic allowance for housing, basic allowance for subsistence, and other payments of military compensation (other than travel and transportation allowances and separation allowances) shall be paid on the first day of the month beginning after the month dur- ing which the right to such compensation ac- crues. (b) Subsection (a) does not preclude one pay- ment in midmonth for any element of compensa- tion and does not affect any authority to make advance payments of pay and allowances. (c) With respect to a member of the uniformed services who has elected to participate in the Thrift Savings Plan under section 211 of this title, subsection (a) does not preclude the pay- ment of an amount equal to one-half of the monthly deposit to the Thrift Savings Fund oth- erwise to be made by the member in partici- pating in the Plan, which amount may be depos- ited in the Thrift Savings Fund at midmonth. (Added Pub. L. 99–500, § 101(c) [title IX, § 9103(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, § 101(c) [title IX, § 9103(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–118, § 1013; renumbered § 1014, Pub. L. 100–26, § 8(b)(2), Apr. 21, 1987, 101 Stat. 285; amended Pub. L. 105–85, div. A, title VI, § 603(d)(1)(E), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 110–181, div. A, title VI, § 605(a), Jan. 28, 2008, 122 Stat. 146.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–181 added subsec. (c). 1997—Subsec. (a). Pub. L. 105–85 substituted ‘‘hous- ing’’ for ‘‘quarters’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees. EFFECTIVE DATE Pub. L. 99–500, § 101(c) [title IX, § 9103(4)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, § 101(c) [title IX, § 9103(4)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–118, as amended by Pub. L. 100–26, § 4(a)(2), Apr. 21, 1987, 101 Stat. 274, provided that: ‘‘Section 1014 of title 37, United States Code, as added by paragraph (1) and redesignated by section 8(b)(2) of the Defense Technical Corrections Act of 1987 [Pub. L. 100–26], and the amend- ments made by paragraph (3) [amending section 1466 of Title 10, Armed Forces], shall take effect on September 1, 1987.’’ § 1015. Recordation of installment payment obli- gations for incentive pays and similar bene- fits (a) IN GENERAL.—In the case of any pay, allow- ance, bonus, or other benefit described in sub- section (b) that is paid to a member of the uni- formed services on an installment basis, each in- stallment payment shall be charged to appro-