US Code

Public Law 119-87 (04/30/2026)

37 U.S.C. § 1009

Adjustments of monthly basic pay

(a)

Requirement for Annual Adjustment .—

section 203(a) of this titleEffective on January 1 of each year, the rates of basic pay for members of the uniformed services under shall be increased under this section.
(b)

Effectiveness of Adjustment .—

An adjustment 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 members 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 adjustment 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 industry workers) published quarterly by the Bureau of Labor Statistics.
(B)
The term “base quarter” for any year is the three-month period ending on September 30 of such year.
(d)

Protection of Member’s Total Compensation While Performing Certain Duty .—

(1)
The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from the member’s permanent duty station or to duty under field conditions at the member’s permanent duty station shall not be less, for any day during the assignment period, than the total amount, for the day immediately preceding the date of the assignment, of the elements of compensation and other pay and allowances of the member.
(2)
Paragraph (1) shall not apply with respect to an element of compensation or other pay or allowance of a member during an assignment described in such paragraph to the extent that the element of compensation or other pay or allowance is reduced or terminated due to circumstances unrelated to the assignment.
(3)
The elements of compensation referred to in this subsection mean—
(A)
section 203(a) of this title the monthly basic pay authorized members of the uniformed services by ;
(B)
section 402 of this title the basic allowance for subsistence authorized members of the uniformed services by ; and
(C)
section 403 of this title the basic allowance for housing authorized members of the uniformed services by .
(e)

Presidential Determination of Need for Alternative Pay Adjustment .—

(1)
If, because of national emergency or serious economic conditions affecting the general welfare, the President considers the pay adjustment which would otherwise be required by this section in any year to be inappropriate, the President shall prepare and transmit to Congress before September 1 of the preceding year a plan for such alternative pay adjustments as the President considers appropriate, together with the reasons therefor.
(2)
In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including the Indexes of Leading Economic Indicators, the Gross Domestic Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3)
The President shall include in the plan submitted to Congress under paragraph (1) an assessment of the impact that the alternative pay adjustments proposed in the plan would have on the Government’s ability to recruit and retain well-qualified persons for the uniformed services.

Pub. L. 93–419, § 488 Stat. 1152 Pub. L. 94–361, title III, § 30390 Stat. 925 Pub. L. 96–342, title VIII, § 80394 Stat. 1091 Pub. L. 96–513, title V, § 516(24)94 Stat. 2939 Pub. L. 102–25, title VII, § 702(b)(1)105 Stat. 117 Pub. L. 104–106, div. A, title VI, § 642(c)110 Stat. 368 Pub. L. 105–85, div. A, title VI111 Stat. 1783 Pub. L. 106–65, div. A, title VI, § 602(a)113 Stat. 649 Pub. L. 108–136, div. A, title VI, § 602117 Stat. 1498 (Added , , ; amended , , ; , , ; , , ; , (2), (c), , ; , , ; , §§ 604(a)(1), 605, , , 1784; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 108–136, § 602(a)section 5332 of title 5section 203(a) of this title2003—Subsec. (a). , amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Whenever the General Schedule of compensation for Federal classified employees, as contained in , is adjusted upward as provided in section 5303 of such title, the President shall immediately make an upward adjustment in the monthly basic pay authorized members of the uniformed services by .”

Pub. L. 108–136, § 602(b)Subsec. (b). , substituted “shall have the force and effect of law.” for “shall—

“(1) have the force and effect of law; and

“(2) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees.”

Pub. L. 108–136, § 602(c)(1)Subsec. (c). , (3), added subsec. (c) and struck out former subsec. (c) which related to equal percentage increase for all members.

Pub. L. 108–136, § 602(c)(1)Subsec. (d). , (2), redesignated subsec. (f) as (d) and struck out former subsec. (d) which related to allocation of increase among pay grades and years-of-service.

Pub. L. 108–136, § 602(c)(1)Subsec. (e). , (4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “Whenever the President plans to exercise the authority of the President under subsection (d) with respect to any anticipated increase in the monthly basic pay of members of the uniformed services, the President shall advise Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase.”

Pub. L. 108–136, § 602(c)(2)Subsec. (f). , redesignated subsec. (f) as (d).

Pub. L. 108–136, § 602(c)(1)section 1008(b) of this titleSubsec. (g). , struck out heading and text of subsec. (g). Text read as follows: “The allocations of increases made under this section shall be assessed in conjunction with the quadrennial review of military compensation required by .”

Pub. L. 106–651999—Subsec. (c). designated existing provisions as par. (1) and added par. (2).

Pub. L. 105–85, § 604(a)(1)1997—, amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to adjustments of compensation for members of the uniformed services.

Pub. L. 105–85, § 605Subsecs. (f), (g). , added subsec. (f) and redesignated former subsec. (f) as (g).

Pub. L. 104–1061996—Subsec. (f). struck out “, and a full report shall be made to the Congress summarizing the objectives and results of those allocations” after “of this title”.

Pub. L. 102–251991—Subsecs. (b)(3), (c) to (e). struck out “of this section” and “of this subsection” wherever appearing.

Pub. L. 96–513, § 516(24)(A)1980—Subsec. (a). , struck out “, United States Code,” after “5”.

Pub. L. 96–513, § 516(24)(B)section 8 of the Act of Dec. 16, 1967 Pub. L. 90–207Subsec. (b)(2). , struck out reference to ().

Pub. L. 96–513, § 803(1)Subsec. (b)(3). , substituted “subsections (c) and (d) of this section” for “subsection (c)”.

Pub. L. 96–342, § 803(2)Subsec. (c). , (3), redesignated existing provision as par. (1), inserted “of this section” after “subsection (b)(3)” in two places and after “subsection (a)”, substituted “75 percent” for “75 per centum”, redesignated subsec. (d) as par. (2), substituted “under paragraph (1) of this subsection” for “under subsection (c)” in two places, inserted “of this section” after “subsection (a)”, “subsection (c)”, and “subsection (b)(3)”, respectively, and “of this title” after “section 403(b) or (c)” in two places.

Pub. L. 96–342, § 803(3)Subsec. (d). , (4), added subsec. (d) and redesignated former subsec. (d) as (c)(2).

Pub. L. 96–342, § 803(5)Subsec. (e). , inserted “or (d) of this section” after “subsection (c)” and struck out “among the different elements of compensation” after “allocation of such increase”.

Pub. L. 96–342, § 803(6)Subsec. (f). , struck out “among the three elements of compensation” after “under this section” and inserted “of this title” after “section 1008(b)”.

Pub. L. 94–361, § 303(a)1976—Subsec. (b)(3). , inserted introductory phrase “subject to subsection (c),”.

Pub. L. 94–361, § 303(b)Subsecs. (c) to (f). , added subsecs. (c) to (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, § 602(b)113 Stat. 649

“The amendments made by subsection (a) [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, § 604(b)111 Stat. 1784

“The amendments made by subsection (a) [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Effective Date

Pub. L. 93–419, § 988 Stat. 1153

“This Act [enacting this section, amending sections 101, 203, 402, and 403 of this title, and enacting provisions set out as notes under this section] is effective upon enactment [].”
, , , provided that:

Increase in Basic Pay

Pub. L. 116–283, div. A, title VI, § 601134 Stat. 3670

“Effective on , the rates of monthly basic pay for members of the uniformed services are increased by 3.0 percent.”
, , , provided that:

Provisions relating to adjustment of compensation for members of the uniformed services for prior years were contained in the following acts:

Pub. L. 116–92, div. A, title VI, § 609133 Stat. 1425 , , .

Pub. L. 115–91, div. A, title VI, § 601131 Stat. 1417 , , .

Pub. L. 114–328, div. A, title VI, § 601130 Stat. 2155 , , .

Pub. L. 112–239, div. A, title VI, § 601126 Stat. 1773 , , .

Pub. L. 111–84, div. A, title VI, § 601123 Stat. 2347 , , .

Pub. L. 110–417122 Stat. 4482 , [div. A], title VI, § 601, , .

Pub. L. 110–181, div. A, title VI, § 601122 Stat. 145 , , .

Pub. L. 109–364, div. A, title VI, § 601120 Stat. 2240 Pub. L. 116–283, div. A, title IX, § 925(b)134 Stat. 3826 Pub. L. 118–159, div. A, title V, § 521(g)(4)138 Stat. 1881 , , , as amended by , , ; , , .

Pub. L. 109–163, div. A, title VI, § 601119 Stat. 3286 , , .

Pub. L. 108–375, div. A, title VI, § 601118 Stat. 1943 , , .

Pub. L. 108–136, div. A, title VI, § 601117 Stat. 1495 Pub. L. 109–148, div. A, title VIII, § 8124(a)(1)119 Stat. 2727 , , , as amended by , , .

Pub. L. 107–314, div. A, title VI, § 601116 Stat. 2563 , , .

Pub. L. 107–107, div. A, title VI, § 601115 Stat. 1129 , , .

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 , title VI, §§ 601, 602], , , 1654A–143.

Pub. L. 106–65, div. A, title VI, § 601(a)113 Stat. 645 Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 –(c), , , as amended by , title X, § 1087(c)(1)(C)], , , 1654A–292.

Pub. L. 105–261, div. A, title VI, § 601112 Stat. 2036 , , .

Pub. L. 105–85, div. A, title VI, § 601111 Stat. 1771 , , .

Pub. L. 104–201, div. A, title VI, § 601110 Stat. 2539 , , .

Pub. L. 104–106, div. A, title VI, § 601110 Stat. 356 , , .

Pub. L. 103–337, div. A, title VI, § 601(a)108 Stat. 2779 , (b), , .

Pub. L. 103–160, div. A, title VI, § 601107 Stat. 1677 , , .

Pub. L. 102–484, div. A, title VI, § 601106 Stat. 2420 , , .

Pub. L. 102–484, div. D, title XLIV, § 4402106 Stat. 2701 Pub. L. 103–160, div. A, title VI, § 602(a)107 Stat. 1678 , , , as amended by , (b)(1), , .

Pub. L. 102–190, div. A, title VI, § 601105 Stat. 1372 , , .

Pub. L. 102–190, div. A, title XI, § 1111(c)105 Stat. 1491 , , .

Pub. L. 101–510, div. A, title VI, § 601104 Stat. 1575 , , .

Pub. L. 101–189, div. A, title VI, § 601(a)103 Stat. 1444 , (b), , .

Pub. L. 100–456, div. A, title VI, § 601(a)102 Stat. 1976 , (b), , .

Pub. L. 100–180, div. A, title VI, § 601(a)101 Stat. 1092 Pub. L. 100–202, § 110(b)101 Stat. 1329–436 , (b), , , as amended by , , .

Pub. L. 99–661, div. A, title VI, § 601(a)100 Stat. 3873 , (b), title XIII, § 1310(c), , , 3983.

Pub. L. 99–500, § 144(b)100 Stat. 1783–350 Pub. L. 99–591, § 144(b)100 Stat. 3341–353 , , , and , , .

Pub. L. 99–145, title VI, § 60199 Stat. 635 , , .

Pub. L. 98–525, title VI, § 60198 Stat. 2533 , , .

Pub. L. 98–94, title IX, § 90197 Stat. 634 , , .

Pub. L. 97–60, title I, § 10195 Stat. 989 Pub. L. 98–557, § 35(a)98 Stat. 2877 Pub. L. 100–180, div. A, title XIII, § 1314(d)(3)101 Stat. 1176 , , , as amended by , (c), , , eff. ; , (e)(2), , , eff. .

Pub. L. 96–342, title VIII, § 80194 Stat. 1090 , , .

Pub. L. 94–106, title VIII, § 81989 Stat. 544 , , .

Pub. L. 93–41988 Stat. 1153 , §§ 5–7, , .

Executive Documents

Adjustment of Pay Rates

section 5332 of Title 5For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under , Government Organization and Employees.

Executive Order No. 11812

Ex. Ord. No. 11812, , 39 F.R. 36307, which provided for the adjustment of pay rates effective , was superseded by Ex. Ord. No. 11883, , 40 F.R. 47091.

Executive Order No. 11998

Ex. Ord. No. 11998, , 42 F.R. 33021, which related to the President’s Commission on Military Compensation, was revoked by Ex. Ord. No. 12110, , 44 F.R. 1069, formerly set out as a note under section 14 of the Appendix to Title 5.