37 U.S.C. § 1008 — Presidential recommendations concerning

Page 248 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1008 merly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asylums. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title III, § 343(b), Nov. 29, 1989, 103 Stat. 1421, provided that: ‘‘(1) Except as provided in paragraph (2), subsection (i) of section 1007 of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Nov. 29, 1989]. ‘‘(2) With respect to deductions from the pay of an en- listed member or warrant officer in the Navy, Marine Corps, or Coast Guard (when it is operating as a service in the Navy), such subsection shall take effect on Octo- ber 1, 1990.’’ EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. A, title VI, § 633(b), Dec. 4, 1987, 101 Stat. 1106, provided that: ‘‘Subsection (h) of section 1007 of title 37, United States Code (as added by sub- section (a)), shall apply with respect to debts incurred by members of the uniformed services after the date of the enactment of this Act [Dec. 4, 1987].’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, set out as a note under section 542 of Title 6. § 1008. Presidential recommendations concerning adjustments and changes in pay and allow- ances (a) The President shall direct an annual re- view of the adequacy of the pays and allowances authorized by this title for members of the uni- formed services. (b) Whenever the President considers it appro- priate, but in no event later than January 1, 1967, and not less than once each four years thereafter, he shall direct a complete review of the principles and concepts of the compensation system for members of the uniformed services. Upon completion of such review he shall submit a detailed report to Congress summarizing the results of such review together with any rec- ommendations he may have proposing changes in the statutory salary system and other ele- ments of the compensation structure provided members of the uniformed services. (Added Pub. L. 89–132, § 2(a), Aug. 21, 1965, 79 Stat. 546; amended Pub. L. 104–106, div. A, title VI, § 642(b), Feb. 10, 1996, 110 Stat. 368.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–106 struck out at end ‘‘Upon completion of this review, but not later than March 31 of each year, the President shall submit to Congress a detailed report summarizing the results of such annual review together with any recommenda- tions for adjustments in the rates of pay and allow- ances authorized by this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 1, 1965, see section 10 of Pub. L. 89–132, set out as an Effective Date of 1965 Amend- ment note under section 203 of this title. REVIEW Pub. L. 118–31, div. A, title VI, § 626(b), Dec. 22, 2023, 137 Stat. 294, provided that: ‘‘In each quadrennial re- view of military compensation conducted after the date of the enactment of this Act [Dec. 22, 2023] and under section 1008(b) of such title [this title], the President shall include— ‘‘(1) a review of the family separation allowance under section 427 of such title (or successor allow- ance); and ‘‘(2) the recommendation of the President regarding whether to increase the amount of such allowance to better compensate a member of the uniformed serv- ices for separation from family during service de- scribed in such paragraph.’’ Executive Documents DELEGATION OF REPORTING FUNCTION Memorandum of the President of the United States, June 9, 1989, 54 F.R. 25561, provided: Memorandum for the Secretary of Defense By virtue of the authority vested in me by the Con- stitution and laws of the United States, including Sec- tion 301 of Title 3 of the United States Code, I authorize you to submit to the Congress the report summarizing the results of the review of the principles and concepts of the compensation system for members of the uni- formed services, as required by P.L. 89–132, Sec. 2(a), August 21, 1965 (37 U.S.C. 1008(b)). You are authorized and directed to publish this memorandum in the Federal Register. GEORGE BUSH. § 1009. Adjustments of monthly basic pay (a) REQUIREMENT FOR ANNUAL ADJUSTMENT.— Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under section 203(a) of this title shall be in- creased under this section. (b) EFFECTIVENESS OF ADJUSTMENT.—An ad- justment under this section shall have the force and effect of law. (c) EQUAL PERCENTAGE INCREASE FOR ALL MEMBERS.—(1) An adjustment made under this section in a year shall provide all eligible mem- bers with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). (2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjust- ment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph. (3) In this subsection: (A) The term ‘‘ECI’’ means the Employment Cost Index (wages and salaries, private indus- try workers) published quarterly by the Bu- reau of Labor Statistics. (B) The term ‘‘base quarter’’ for any year is the three-month period ending on September 30 of such year.