Title 37 — Pay and Allowances of the Uniformed Services

Chapter 5 — Special and Incentive Pays

§ 301. Incentive pay: hazardous duty

Statutory text

Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty—

involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under section 301a of this title;

involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1);

involving parachute jumping as an essential part of military duty;

involving the demolition of explosives as a primary duty, including training for that duty;

inside a high- or low-pressure chamber;

as a human acceleration or deceleration experimental subject;

as a human test subject in thermal stress experiments;

involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched;

involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria;

involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions);

involving regular participation as a member of a team conducting visit, board, search, and seizure operations aboard vessels in support of maritime interdiction operations;

involving use of ski-equipped aircraft on the ground in Antarctica or on the Arctic ice-pack; or

involving frequent and regular participation in aerial flight by a member who is serving as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system aircraft (as designated by such Secretary) and who is not entitled to incentive pay under section 301a of this title.

For the performance of hazardous duty described in paragraph (1) of subsection (a), a member is entitled to monthly incentive pay as follows:

Pay Grade	Monthly Rate
O–10	$150
O–9	150
O–8	150
O–7	150
O–6	250
O–5	250
O–4	225
O–3	175
O–2	150
O–1	150
W–5	250
W–4	250
W–3	175
W–2	150
W–1	150
E–9	240
E–8	240
E–7	240
E–6	215
E–5	190
E–4	165
E–3	150
E–2	150
E–1	150

For the performance of hazardous duty described in paragraphs (2) through (12) of subsection (a), a member is entitled to $150 a month. However, a member performing hazardous duty described in paragraph (3) of that subsection who also performs as an essential part of such duty parachute jumping in military free fall operations involving parachute deployment by the jumper without the use of a static line is entitled to $225 a month.

For the performance of hazardous duty described in paragraph (13) of subsection (a), a member is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows:

Pay grade	Years of service as an air weapons controller
Pay grade	2 or less	Over 2	Over 3	Over 4	Over 6	Over 8	Over 10	Over 12
O–7 and above	$200	$200	$200	$200	$200	$200	$200	$200
O–6	225	250	300	325	350	350	350	350
O–5	200	250	300	325	350	350	350	350
O–4	175	225	275	300	350	350	350	350
O–3	150	156	188	206	350	350	350	350
O–2	150	156	188	206	250	300	300	300
O–1	150	156	188	206	250	250	250	250
W–4	200	225	275	300	325	325	325	325
W–3	175	225	275	300	325	325	325	325
W–2	150	200	250	275	325	325	325	325
W–1	150	150	150	175	325	325	325	325
E–9	200	225	250	275	300	300	300	300
E–8	200	225	250	275	300	300	300	300
E–7	175	200	225	250	275	275	275	300
E–6	156	175	200	225	250	250	250	300
E–5	150	156	175	188	200	200	200	250
E–4 and below	150	156	175	188	200	200	200	200
	Over	Over	Over	Over	Over	Over	Over
	14	16	18	20	22	24	25
O–7 and above	$200	$200	$200	$200	$200	$200	$150
O–6	350	350	350	300	250	250	225
O–5	350	350	350	300	250	250	225
O–4	350	350	350	300	250	250	225
O–3	350	350	300	275	250	225	200
O–2	300	300	275	245	210	200	180
O–1	250	250	245	210	200	180	150
W–4	325	325	325	276	250	225	200
W–3	325	325	325	325	250	225	200
W–2	325	325	325	275	250	225	200
W–1	325	325	325	275	250	225	200
E–9	300	300	300	275	230	200	200
E–8	300	300	300	265	230	200	200
E–7	300	300	300	265	230	200	200
E–6	300	300	300	265	230	200	200
E–5	250	250	250	225	200	175	150
E–4 and below	200	200	200	175	150	150	150

For purposes of this paragraph, the years of service of a member as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the member begins training leading to a designation as an air weapons controller, but there shall be excluded from such computation any period of more than 90 days during which the member performs primary duties other than as an air weapons controller.

In time of war, the President may suspend the payment of incentive pay for any hazardous duty described in subsection (a).

A member is entitled to not more than two payments of incentive pay, authorized by this section, for a period of time during which he qualifies for more than one payment of that pay.

A member of a uniformed service who is entitled to basic pay may be paid incentive pay under this subsection, at a monthly rate not to exceed $150, for any month during which the member performs duty involving regular participation as a firefighting crew member, as determined by the Secretary concerned.

Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, under orders, any duty described in subsection (a) for members entitled to basic pay, he is entitled to an increase in compensation equal to ¹⁄₃₀ of the monthly incentive pay authorized by subsection (b) or (c), as the case may be, for the performance of that hazardous duty by a member of a corresponding grade who is entitled to basic pay. He is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title for the entire month.

If in any calendar month a member performs duty as described in paragraph (1) and while entitled to basic pay also performs hazardous duty as described in the same paragraph of subsection (a) as constitutes the predicate for his entitlement under paragraph (1), the earned units of measuring entitlement for incentive pay under this section shall be combined. If the sum of units determined under the preceding sentence equals or exceeds the minimum standard prescribed by the President for entitlement to pay specified under subsections (b) and (c) for a member of corresponding grade who is entitled to basic pay for the entire relevant month, the member shall be entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c) for the performance of that hazardous duty by a member of corresponding grade who is entitled to basic pay for the entire month.

A member who qualifies for entitlement under this paragraph is entitled to the increase for each day in the relevant month in which he is entitled to basic pay pursuant to section 204 of this title or to compensation under section 206 of this title.

In this paragraph, the term “units” means the significant increments of performance prescribed as qualifying standards in regulations promulgated by the President pursuant to this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1962
Pub. L. 87–649 · 76 Stat. 451
Enacted · 37 U.S.C. § 301
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461
Source evidence
Code source credit
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461
1963
Uniformed Services Pay Act of 1963
Pub. L. 88–132 § 6 · 77 Stat. 194
Substituted · 37 U.S.C. § 301(a)(2)
Pub. L. 88–132, § 6, substituted “as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a prospective crew-member of a submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine” for “on board a submarine, including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto as determined by the Secretary concerned, and including submarines under construction from the time builders’ trials begin”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 88–132, § 6, substituted “as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a prospective crew-member of a submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine” for “on board a submarine, including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto as determined by the Secretary concerned, and including submarines under construction from the time builders’ trials begin”.
Enacted provision · exact public law section
Sec. 6. submarine pay for members training for duty on nuclear-powered submarines Section 301(a)(2) of title 37, United States Code, is 76 Stat. 461. amended to read as follows: “(2) as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a prospective crew-member of a submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine;”.
1963
Uniformed Services Pay Act of 1963
Pub. L. 88–132 § 7 · 77 Stat. 194
Substituted · 37 U.S.C. § 301(a)(9)
Pub. L. 88–132, § 7, substituted “inside a high- or low-pressure chamber” for “as a low-pressure chamber inside observer”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 88–132, § 7, substituted “inside a high- or low-pressure chamber” for “as a low-pressure chamber inside observer”.
Enacted provision · exact public law section
Sec. 7. incentive pat for duty inside a high-or low-pressure chamber Section 301(a) (9) of title 37, United States Code, is amended to read as follows: “(9) inside a high- or low-pressure chamber ;”.
1963
Uniformed Services Pay Act of 1963
Pub. L. 88–132 § 8 · 77 Stat. 194
Substituted · 37 U.S.C. § 301(e)
Pub. L. 88–132, § 8, substituted “not more than two payments” for “only one payment”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 88–132, § 8, substituted “not more than two payments” for “only one payment”.
Enacted provision · exact public law section
Sec. 8. multiple payments of incentive pay Section 301 (e) of title 37, United States Code, is amended by striking out the words “only one payment” and inserting in place thereof the words “not more than two payments”.
1965
Pub. L. 89–149 § 1 · 79 Stat. 585
Added · 37 U.S.C. § 301(a)(12)
Pub. L. 89–149, § 1, added cl. (12)
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 89–149, § 1, added cl. (12).
Enacted provision · exact public law section
(1) by striking out the word “or” at the end of clause (10);
1965
Pub. L. 89–149 · 79 Stat. 585
Inserted · 37 U.S.C. § 301(c); 37 U.S.C. § 301(f)
Pub. L. 89–149, §§ 2, 3, inserted reference to cl. (12) of subsec. (a)
Source evidence
Code amendment note
Subsecs. (c), (f). Pub. L. 89–149, §§ 2, 3, inserted reference to cl. (12) of subsec. (a).
1965
Pub. L. 89–278 · 79 Stat. 1011
Changed · 37 U.S.C. § 301(a)(2)
Pub. L. 89–278 included duty as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations for certain specified periods within term “hazardous duty”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 89–278 included duty as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations for certain specified periods within term “hazardous duty”.
1966
Pub. L. 89–718 § 52 · 80 Stat. 1113
Amended · 37 U.S.C. § 301(a)(2)
Pub. L. 89–718 made only style changes by capitalizing letter designations for cls. “A”, “B”, and “C” and by setting off text following cl. C through the device of moving the margin to the left of the margin for the clauses
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 89–718 made only style changes by capitalizing letter designations for cls. “A”, “B”, and “C” and by setting off text following cl. C through the device of moving the margin to the left of the margin for the clauses.
Enacted provision · exact public law section
Sec. 52. Section 301(a)(2) of title 37, United States Code, is 77 Stat. 215. amended to read as follows: “(2) as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations— “(A) during one calendar month: 48 hours; “(B) during any two consecutive calendar months when the requirements of clause (A) above have not been met: 96 hours; or “(C) during any three consecutive calendar months when the requirements of clause (B) above have not been met: 144 hours; as a prospective crew-member of submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine
1972
Pub. L. 92–436 title VI § 605 · 86 Stat. 734
Changed · 37 U.S.C. § 301(a)(2)(A)
Pub. L. 92–436 included in the hazardous duty for incentive pay of a member of a submarine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incentive pay, to satisfy of underway time requirements for the current month
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 92–436 included in the hazardous duty for incentive pay of a member of a submarine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incentive pay, to satisfy of underway time requirements for the current month.
Enacted provision · exact public law section
Sec. 605. Section 301 (a) (2) (A) of title 37, United States (Code, is amended to read as follows: “(A) during one calendar month: 48 hours; however, hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month.”.
1974
Pub. L. 93–294 § 2(1) · 88 Stat. 177
Substituted · 37 U.S.C. § 301(a)(1)
Pub. L. 93–294, § 2(1), substituted “an enlisted crew member” for “a crew member”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 93–294, § 2(1), substituted “an enlisted crew member” for “a crew member”.
Enacted provision · exact public law section
(1) Section 301(a)(1) is amended by striking out “a crew 37 USC 301. member” and inserting in lieu thereof “an enlisted crew member”.
1974
Pub. L. 93–294 § 2(2) · 88 Stat. 177
Repealed · 37 U.S.C. § 301(g)
Pub. L. 93–294, § 2(2), repealed subsec. (g) which required the Secretary of each military department to report to Congress before January 2 each year the number of officers of the Army, Navy, or Air Force, as the case may be, above the grade of major or lieutenant commander, by grade and age group, who were entitled to incentive pay under subsec. (a)(1) of this section. See section 301a of this title
Source evidence
Code amendment note
Subsec. (g). Pub. L. 93–294, § 2(2), repealed subsec. (g) which required the Secretary of each military department to report to Congress before January 2 each year the number of officers of the Army, Navy, or Air Force, as the case may be, above the grade of major or lieutenant commander, by grade and age group, who were entitled to incentive pay under subsec. (a)(1) of this section. See section 301a of this title.
Enacted provision · exact public law section
(2) Section 301(g) is repealed. Repeal.
1980
Military Personnel and Compensation Amendments of 1980
Pub. L. 96–343 § 2(a) · 94 Stat. 1123
1. Redesignated · 37 U.S.C. § 301(b)
  Pub. L. 96–343 redesignated existing provision as par. (2)
2. Substituted · 37 U.S.C. § 301(b)
  Pub. L. 96–343 substituted “(2) or (3)” for “(1), (2), or (3)”
3. Added · 37 U.S.C. § 301(b)
  Pub. L. 96–343 added par. (1)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–343 redesignated existing provision as par. (2), substituted “(2) or (3)” for “(1), (2), or (3)”, and added par. (1).
Enacted provision · exact public law section
(a) Section 301 of title 37, United States Code, relating to hazardous duty nay, is amended— (1) by striking out “(1), (2), or (3)” in subsection (b) and inserting in lieu thereof “(2) or (3)”, (2) by striking out “(b)” before “For the performance of’ and inserting in lieu thereof “(2)”; and (3) by inserting after subsection (a) the following: “(b) (1) For the performance of the hazardous duty described in clause (1) of subsection (a) of this section, a member is entitled to monthly incentive pay as follows: “Pay grade Years of service computed under section 205 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 E–9 $131 $131 $131 $131 $131 $131 $131 E–8 131 131 131 131 131 131 131 E–7 100 106 106 106 113 119 131 E–6 88 94 94 100 106 113 119 E–5 75 88 88 100 100 106 113 E–4 69 81 81 88 94 100 100 E–3 69 75 75 75 75 75 75 E–2 63 75 75 75 75 75 75 E–1 63 69 69 69 69 69 69 E–1 under 4 months 63 ............... ............... ............... ............... ............... ............... Aviation cadets 63 ............... ............... ............... ............... ............... ............... Over 12 Over 14 Over 16 Over 18 Over 22 Over 26 Over 30 E–9 $131 $131 $131 $131 $131 $131 $131 E–8 131 131 131 131 131 131 131 E–7 131 131 131 131 131 131 131 E–6 119 125 125 125 125 125 125 E–5 119 119 119 119 119 119 119 E–4 100 100 100 100 100 100 100 E–3 75 75 75 75 75 75 75 E–2 75 75 75 75 75 75 75 E–1 69 69 69 69 69 69 69”
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 § 516(5)(A) · 94 Stat. 2835
Substituted · 37 U.S.C. § 301(a)(2)
Pub. L. 96–513, § 516(5)(A), (B), in subcl. (B) substituted reference to subcl. (A) for reference to cl. (A), and in subcl. (B) substituted reference to subcl. (B) for reference to cl. (B)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–513, § 516(5)(A), (B), in subcl. (B) substituted reference to subcl. (A) for reference to cl. (A), and in subcl. (B) substituted reference to subcl. (B) for reference to cl. (B).
Enacted provision · exact public law section
(A) in subsection (a)(2)(B), by striking out “clause (A) above” and inserting in lieu thereof “subclause (A) of this clause”;
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 § 516(5)(C) · 94 Stat. 2835
Substituted · 37 U.S.C. § 301(f)
Pub. L. 96–513, § 516(5)(C), substituted reference to subsection (a) for reference to subsection (a)(1)–(12)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 96–513, § 516(5)(C), substituted reference to subsection (a) for reference to subsection (a)(1)–(12).
Enacted provision · exact public law section
(C) in subsection (f), by striking out “subsection (a)(1)–(12)” and inserting in lieu thereof “subsection (a)”.
1980
Pub. L. 96–579 § 3(a) · 94 Stat. 3359
1. Redesignated · 37 U.S.C. § 301(a)(2)
  Pub. L. 96–579, § 3(a), redesignated cl. (4) as (2)
2. Struck · 37 U.S.C. § 301(a)(2)
  Pub. L. 96–579, § 3(a), struck out former cl. (2) defining “hazardous duty” as including submarine duty. See section 301c(a)(5) of this title
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 96–579, § 3(a), redesignated cl. (4) as (2) and struck out former cl. (2) defining “hazardous duty” as including submarine duty. See section 301c(a)(5) of this title.
Enacted provision · exact public law section
(a) Section 301(a) of title 37, United States Code, is amended by striking out clauses (2) and (3) and redesignating clauses (4) through (12) as clauses (2) through (10), respectively.
1980
Pub. L. 96–579 § 3(a) · 94 Stat. 3359
1. Redesignated · 37 U.S.C. § 301(a)(3)
  Pub. L. 96–579, § 3(a), redesignated cl. (5) as (3)
2. Struck · 37 U.S.C. § 301(a)(3)
  Pub. L. 96–579, § 3(a), struck out former cl. (3) defining “hazardous duty” as including duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles. See section 301c(a)(5) of this title
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 96–579, § 3(a), redesignated cl. (5) as (3) and struck out former cl. (3) defining “hazardous duty” as including duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles. See section 301c(a)(5) of this title.
Enacted provision · exact public law section
(a) Section 301(a) of title 37, United States Code, is amended by striking out clauses (2) and (3) and redesignating clauses (4) through (12) as clauses (2) through (10), respectively.
1980
Pub. L. 96–579 § 3(a) · 94 Stat. 3359
Redesignated · 37 U.S.C. § 301(a)(4)(12)
Pub. L. 96–579, § 3(a), redesignated cls. (4) to (12) as (2) to (10), respectively
Source evidence
Code amendment note
Subsec. (a)(4) to (12). Pub. L. 96–579, § 3(a), redesignated cls. (4) to (12) as (2) to (10), respectively.
Enacted provision · exact public law section
(a) Section 301(a) of title 37, United States Code, is amended by striking out clauses (2) and (3) and redesignating clauses (4) through (12) as clauses (2) through (10), respectively.
1980
Pub. L. 96–579 § 3(b) · 94 Stat. 3359
1. Struck · 37 U.S.C. § 301(b)
  Pub. L. 96–579, § 3(b), struck out par. (1) designation for provision relating to monthly flight incentive pay for enlisted members
2. Struck · 37 U.S.C. § 301(b)
  Pub. L. 96–579, § 3(b), struck out par. (2) relating to monthly incentive pay for commissioned officers, warrant officers, and enlisted members for hazardous duty as crew member involving frequent and regular participation in aerial flight, submarine duty, and duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles, now reflected as to enlisted members in currently upgraded scale in subsec. (b) table and covered in section 301c(b) table reflecting currently upgraded scale for submarine duty by enlisted members, commissioned officers, and warrant officers
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–579, § 3(b), struck out par. (1) designation for provision relating to monthly flight incentive pay for enlisted members and struck out par. (2) relating to monthly incentive pay for commissioned officers, warrant officers, and enlisted members for hazardous duty as crew member involving frequent and regular participation in aerial flight, submarine duty, and duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles, now reflected as to enlisted members in currently upgraded scale in subsec. (b) table and covered in section 301c(b) table reflecting currently upgraded scale for submarine duty by enlisted members, commissioned officers, and warrant officers.
Enacted provision · exact public law section
(b) Section 301(b) of such title is amended— (1) by striking out “(1)” after the subsection designation “(b)”; and (2) by striking out paragraph (2).
1980
Pub. L. 96–579 § 3(c) · 94 Stat. 3359
1. Inserted · 37 U.S.C. § 301(c)
  Pub. L. 96–579, § 3(c), inserted references to cls. (2) and (3)
2. Struck · 37 U.S.C. § 301(c)
  Pub. L. 96–579, § 3(c), struck out references to cls. (11) and (12) of subsec. (a) of this section
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–579, § 3(c), inserted references to cls. (2) and (3) and struck out references to cls. (11) and (12) of subsec. (a) of this section.
Enacted provision · exact public law section
(c) Section 301(c) of such title is amended by striking out “clause (4), (5), (6), (7), (8), (9), (10), (11), or (12)” and inserting in lieu thereof “clause (2), (3), (4), (5), (6), (7), (8), (9), or (10)”.
1981
Uniformed Services Pay Act of 1981
Pub. L. 97–60 § 111(a) · 95 Stat. 989
1. Inserted · 37 U.S.C. § 301(a)
  Pub. L. 97–60, § 111(a), inserted reference in cl. (10) to a ship other than an aircraft carrier from which aircraft are launched
2. Added · 37 U.S.C. § 301(a)
  Pub. L. 97–60, § 111(a), added cls. (11) to (13)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–60, § 111(a), inserted reference in cl. (10) to a ship other than an aircraft carrier from which aircraft are launched, and added cls. (11) to (13).
Enacted provision · exact public law section
(a) Subsection (a) of section 301 of title 37, United States Code, is amended— (1) by striking out “or” at the end of clause (9); and (2) by striking out clause (10) and inserting in lieu thereof the following: “(10) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched; “(11) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria; “(12) involving the servicing of aircraft or missiles with highly toxic fuels or propellants; or “(13) involving frequent and regular participation in aerial flight by an officer (other than a warrant officer) who is serving as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system aircraft (as designated by such Secretary) and who is not entitled to incentive pay under section 301a of this title.”. 37 USC 301a.
1981
Uniformed Services Pay Act of 1981
Pub. L. 97–60 § 111(b) · 95 Stat. 989
Amended · 37 U.S.C. § 301(b)
Pub. L. 97–60, § 111(b), amended table to reflect an upward adjustment in the monthly incentive pay
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–60, § 111(b), amended table to reflect an upward adjustment in the monthly incentive pay.
Enacted provision · exact public law section
(b) The table contained in subsection (b) of such section is amended to read as follows: “Pay grade Years of service computed under section 205 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 E–9 $131 $131 $131 $131 $131 $131 $131 E–8 131 131 131 131 131 131 131 E–7 100 106 106 106 113 119 131 E–6 88 94 94 100 106 113 119 E–5 83 88 88 100 100 106 113 E–4 83 83 83 88 94 100 100 E–3 83 83 83 83 83 83 83 E–2 83 83 83 83 83 83 83 E–1 83 83 83 83 83 83 83 E–4 under 4 months” 83 Aviation cadets 83 “Pay grade Years of service computed under section 205 Over 12 Over 14 Over 16 Over 18 Over 22 Over 26 Over 30 E–9 $131 $131 $131 $131 $131 $131 $131 E–8 131 131 131 131 131 131 131 E–7 131 131 131 131 131 131 131 E–6 119 125 125 125 125 125 125 E–5 119 119 119 119 119 119 119 E–4 100 100 100 100 100 100 100 E–3 83 83 83 83 83 83 83 E–2 83 83 83 83 83 83 83 E–1 83 83 83 83 83 83 83”.
1981
Uniformed Services Pay Act of 1981
Pub. L. 97–60 § 111(c) · 95 Stat. 989
1. Amended · 37 U.S.C. § 301(c)
  Pub. L. 97–60, § 111(c), designated existing provisions as par. (1)
2. Inserted · 37 U.S.C. § 301(c)
  Pub. L. 97–60, § 111(c), inserted reference to cls. (11) and (12) of subsec. (a) of this section
3. Substituted · 37 U.S.C. § 301(c)
  Pub. L. 97–60, § 111(c), substituted “$83” for “$55”
4. Added · 37 U.S.C. § 301(c)
  Pub. L. 97–60, § 111(c), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–60, § 111(c), designated existing provisions as par. (1), inserted reference to cls. (11) and (12) of subsec. (a) of this section and substituted “$83” for “$55”, and added par. (2).
Enacted provision · exact public law section
(c) Subsection (c) of such section is amended— (1) by inserting “(1)” before “For the performance”; (2) by striking out “or (10),” and inserting in lieu thereof “(10), (11), or (12),”; (3) by striking out “$55” and inserting in lieu thereof “$83”; and (4) by adding at the end thereof the following new paragraph: “(2) (A) For the performance of hazardous duty described in clause (13) of subsection (a) of this section, an officer is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows: “Pay grade Years of service as an air weapons controller 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 O–7 and above $200 $200 $200 $200 $200 $200 $200 O–6 225 250 300 325 350 350 350 O–5 200 250 300 325 350 350 350 O–4 175 225 275 300 350 350 350 O–3 125 156 188 206 350 350 350 O–2 125 156 188 206 250 300 300 O–1 125 156 188 206 250 250 250 “Pay grade Years of service as an air weapons controller Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 24 Over 25 O–7 and above $200 $200 $200 $200 $200 $200 $200 $110 O–6 350 350 350 350 300 250 250 225 O–5 350 350 350 350 300 250 250 225 O–4 350 350 350 350 300 250 250 225 O–3 350 350 350 300 275 250 225 200 O–2 300 300 300 275 245 210 200 180 O–1 250 250 250 245 210 200 180 150 “(B) For purposes of this paragraph, the years of service of an officer as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the officer begins training leading to a designation as an air weapons controller, but there shall be excluded from such computation any period of more than 90 days during which the officer performs primary duties other than as an air weapons controller.”.
1983
Department of Defense Authorization Act, 1984
Pub. L. 98–94 title IX § 903(a) · 97 Stat. 614
Inserted · 37 U.S.C. § 301(a)(12)
Pub. L. 98–94 inserted “or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used”
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 98–94 inserted “or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used”.
1984
Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 624(a)(1) · 98 Stat. 2492
Redesignated · 37 U.S.C. § 301(a)(3)
Pub. L. 98–525, § 624(a)(1), redesignated cl. (4) as (3). Former cl. (3), relating to duty involving frequent and regular participation in glider flights, was struck out
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 98–525, § 624(a)(1), redesignated cl. (4) as (3). Former cl. (3), relating to duty involving frequent and regular participation in glider flights, was struck out.
Enacted provision · exact public law section
(1) in subsection (a), by striking out clauses (3) and (5) and redesignating clause (4) as clause (3) and clauses (6) through (13) as clauses (4) through (11), respectively;
1984
Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 624(a)(1) · 98 Stat. 2492
Redesignated · 37 U.S.C. § 301(a)(4)
Pub. L. 98–525, § 624(a)(1), redesignated cl. (6) as (4). Former cl. (4) redesignated (3)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 98–525, § 624(a)(1), redesignated cl. (6) as (4). Former cl. (4) redesignated (3).
Enacted provision · exact public law section
(1) in subsection (a), by striking out clauses (3) and (5) and redesignating clause (4) as clause (3) and clauses (6) through (13) as clauses (4) through (11), respectively;
1984
Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 624(a)(1) · 98 Stat. 2492
Redesignated · 37 U.S.C. § 301(a)(5)
Pub. L. 98–525, § 624(a)(1), redesignated cl. (7) as (5). Former cl. (5), relating to duty involving intimate contact with persons afflicted with leprosy, was struck out
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 98–525, § 624(a)(1), redesignated cl. (7) as (5). Former cl. (5), relating to duty involving intimate contact with persons afflicted with leprosy, was struck out.
Enacted provision · exact public law section
(1) in subsection (a), by striking out clauses (3) and (5) and redesignating clause (4) as clause (3) and clauses (6) through (13) as clauses (4) through (11), respectively;
1984
Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 624(a)(1) · 98 Stat. 2492
Redesignated · 37 U.S.C. § 301(a)(6)(13)
Pub. L. 98–525, § 624(a)(1), redesignated cls. (8) to (13) as (6) to (11), respectively
Source evidence
Code amendment note
Subsec. (a)(6) to (13). Pub. L. 98–525, § 624(a)(1), redesignated cls. (8) to (13) as (6) to (11), respectively.
Enacted provision · exact public law section
(1) in subsection (a), by striking out clauses (3) and (5) and redesignating clause (4) as clause (3) and clauses (6) through (13) as clauses (4) through (11), respectively;
1984
Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 624(a)(2) · 98 Stat. 2492
Substituted · 37 U.S.C. § 301(c)(1)
Pub. L. 98–525, § 624(a)(2), substituted “or (10),” for “(10), (11), or (12)”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 98–525, § 624(a)(2), substituted “or (10),” for “(10), (11), or (12)”.
Enacted provision · exact public law section
(2) in subsection (c)(1), by striking out “(10), (11), or (12)” and inserting in lieu thereof “or (10),”; and
1984
Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 624(a)(3) · 98 Stat. 2492
Substituted · 37 U.S.C. § 301(c)(2)
Pub. L. 98–525, § 624(a)(3), substituted “(11)” for “(13)”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 98–525, § 624(a)(3), substituted “(11)” for “(13)”.
Enacted provision · exact public law section
(3) in subsection (c)(2), by striking out “(13)” and inserting in lieu thereof “(11)”.
1985
Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 635(a)(1)(A) · 99 Stat. 583
Substituted · 37 U.S.C. § 301(a)(1)
Pub. L. 99–145, § 635(a)(1)(A), substituted “a crew member” for “an enlisted crew member”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 99–145, § 635(a)(1)(A), substituted “a crew member” for “an enlisted crew member”.
Enacted provision · exact public law section
(A) in clause (1), by striking out “an enlisted crew member” and inserting in lieu thereof “a crew member”; and
1985
Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 635(a)(1)(B) · 99 Stat. 583
1. Changed · 37 U.S.C. § 301(a)(10)
  Pub. L. 99–145, § 635(a)(1)(B), in amending cl. (10) generally
2. Amended · 37 U.S.C. § 301(a)(10)
  Pub. L. 99–145, § 635(a)(1)(B), in designated existing provisions as cls. (A) and (B)
3. Added · 37 U.S.C. § 301(a)(10)
  Pub. L. 99–145, § 635(a)(1)(B), in added cl. (C)
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 99–145, § 635(a)(1)(B), in amending cl. (10) generally, designated existing provisions as cls. (A) and (B) and added cl. (C).
Enacted provision · exact public law section
(B) by striking out clause (10) and inserting in lieu thereof the following: “(10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions); or”.
1985
Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 635(a)(2) · 99 Stat. 583
1. Amended · 37 U.S.C. § 301(b)
  Pub. L. 99–145, § 635(a)(2), amended table generally
2. Struck · 37 U.S.C. § 301(b)
  Pub. L. 99–145, § 635(a)(2), striking out differentiation in pay rates based upon years of service and reflect an upward adjustment in the monthly incentive pay with respect to pay grades E–9 through E–1
3. Inserted · 37 U.S.C. § 301(b)
  Pub. L. 99–145, § 635(a)(2), inserted provisions relating to monthly incentive pay for pay grades O–10 through O–1 and W–4 through W–1, respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–145, § 635(a)(2), amended table generally, striking out differentiation in pay rates based upon years of service and reflect an upward adjustment in the monthly incentive pay with respect to pay grades E–9 through E–1, and inserted provisions relating to monthly incentive pay for pay grades O–10 through O–1 and W–4 through W–1, respectively.
Enacted provision · exact public law section
(2) Subsection (b) of such section is amended to read as follows: “(b) For the performance of hazardous duty described in clause (1) of subsection (a) of this section, a member is entitled to monthly incentive pay as follows: “Pay Grade Monthly Rate O–10 $110 O–9 110 O–8 110 O–7 110 O–6 250 O–5 250 O–4 225 O–3 175 O–2 150 O–1 125 W–4 250 W–3 175 W–2 150 W–1 125 E–9 200 E–8 200 E–7 200 E–6 175 E–5 150 E–4 125 E–3 110 E–2 110 E–1 110”.
1985
Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 1303(b)(2) · 99 Stat. 583
Substituted · 37 U.S.C. § 301(c)(1)
Pub. L. 99–145, § 1303(b)(2), directed the substitution of “(10),” for “(10),,”. See amendment note below
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 99–145, § 1303(b)(2), directed the substitution of “(10),” for “(10),,”. See amendment note below.
Enacted provision · exact public law section
(2) Section 301(c)(1) is amended by striking out the first comma after “(10)”.
1985
Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 635(a)(3) · 99 Stat. 583
Amended · 37 U.S.C. § 301(c)(1)
Pub. L. 99–145, § 635(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “For the performance of the hazardous duty described in clause (2), (3), (4), (5), (6), (7), (8), (9), or (10),, of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $83 a month.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–145, § 635(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “For the performance of the hazardous duty described in clause (2), (3), (4), (5), (6), (7), (8), (9), or (10),, of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $83 a month.”
Enacted provision · exact public law section
(3) Paragraph (1) of subsection (c) of such section is amended to read as follows: “(1) For the performance of hazardous duty described in clauses (2) through (10) of subsection (a) of this section, a member is entitled to $110 a month. However, a member performing hazardous duty described in clause (3) of that subsection who also performs as an essential part of such duty parachute jumping at a high altitude with a low opening is entitled to $165 a month.”.
1985
Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 647(a) · 99 Stat. 583
1. Amended · 37 U.S.C. § 301(f)
  Pub. L. 99–145, § 647(a), designated existing provisions as par. (1)
2. Inserted · 37 U.S.C. § 301(f)
  Pub. L. 99–145, § 647(a), inserted “for the entire month” after “section 204 of this title”
3. Added · 37 U.S.C. § 301(f)
  Pub. L. 99–145, § 647(a), added par. (2)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–145, § 647(a), designated existing provisions as par. (1), inserted “for the entire month” after “section 204 of this title”, and added par. (2).
1986
Department of Defense Authorization Act, 1987
Pub. L. 99–661 div. A title XIII § 1342(a) · 100 Stat. 3816
Amended · 37 U.S.C. § 301(a)(1)
Pub. L. 99–661 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “as a crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 99–661 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “as a crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;”.
Enacted provision · exact public law section
(a) Aviation Pay.— Paragraph (1) of section 301(a) of title 37, United States Code (as amended by section 635(a)(1)(A) of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 99 Stat. 647)), is amended to read as follows: “(1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under section 301a of this title;”.
1987
Defense Technical Corrections Act of 1987
Pub. L. 100–26 § 8(e)(2)(A) · 101 Stat. 273
Substituted · 37 U.S.C. § 301(a)
Pub. L. 100–26, § 8(e)(2)(A), substituted “In this subsection, the term” for “For the purposes of this subsection,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–26, § 8(e)(2)(A), substituted “In this subsection, the term” for “For the purposes of this subsection,”.
Enacted provision · exact public law section
(A) by striking out “For the purposes of this subsection,” in subsection (a) and inserting in lieu thereof “In this subsection, the term”; and
1987
Defense Technical Corrections Act of 1987
Pub. L. 100–26 § 8(d)(1) · 101 Stat. 273
Substituted · 37 U.S.C. § 301(b)
Pub. L. 100–26, § 8(d)(1), which directed that subsec. (b) be amended by substituting “Monthly Rate” for “Monthly rate” wherever appearing, could not be executed, because in the one place where the words appear, both words were already capitalized
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–26, § 8(d)(1), which directed that subsec. (b) be amended by substituting “Monthly Rate” for “Monthly rate” wherever appearing, could not be executed, because in the one place where the words appear, both words were already capitalized.
Enacted provision · exact public law section
(1) Section 301(b) is amended by striking out “Monthly rate” each place it appears and inserting in lieu thereof “Monthly Rate”.
1987
Defense Technical Corrections Act of 1987
Pub. L. 100–26 § 8(e)(2)(B) · 101 Stat. 273
Substituted · 37 U.S.C. § 301(f)(2)(C)
Pub. L. 100–26, § 8(e)(2)(B), substituted “paragraph, the term” for “paragraph”
Source evidence
Code amendment note
Subsec. (f)(2)(C). Pub. L. 100–26, § 8(e)(2)(B), substituted “paragraph, the term” for “paragraph”.
Enacted provision · exact public law section
(B) by striking out “paragraph” in subsection (f)(2)(C) and inserting in lieu thereof “paragraph, the term”.
1991
Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991
Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75
Struck · 37 U.S.C. § 301
Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing
Source evidence
Code amendment note
Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.
Enacted provision · exact public law section
(1) by striking out “of this section” each place it appears (other than as provided in subsection (c));
1991
Warrant Officer Management Act
Pub. L. 102–190 § 1111(d)(1) · 105 Stat. 1290
Inserted · 37 U.S.C. § 301(b)
Pub. L. 102–190, § 1111(d)(1), in table inserted provisions relating to pay grade of W–5, compensable at monthly rate of $250, below item relating to pay grade O–1
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–190, § 1111(d)(1), in table inserted provisions relating to pay grade of W–5, compensable at monthly rate of $250, below item relating to pay grade O–1.
Enacted provision · exact public law section
(1) The table relating to hazardous duty pay in section 301(b) of title 37, United States Code, is amended by inserting below the item relating to the pay grade O-1 the following: “W–5 250”.
1991
National Defense Authorization Act for Fiscal Years 1992 and 1993
Pub. L. 102–190 § 614 · 105 Stat. 1290
Substituted · 37 U.S.C. § 301(c)(1)
Pub. L. 102–190, § 614, substituted “in military free fall operations involving parachute deployment by the jumper without the use of a static line” for “at a high altitude with a low opening”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 102–190, § 614, substituted “in military free fall operations involving parachute deployment by the jumper without the use of a static line” for “at a high altitude with a low opening”.
Enacted provision · exact public law section
SEC. 614. CLARIFICATION OF PARACHUTE JUMPING FOR PURPOSES OF HAZARDOUS DUTY PAY. Section 301(c)(1) of title 37, United States Code, is amended by striking out “at a high altitude with a low opening” in the second sentence and inserting in lieu thereof “in military free fall operations involving parachute deployment by the jumper without the use of a static line”.
1996
National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 615(a) · 110 Stat. 186
Substituted · 37 U.S.C. § 301(a)(11)
Pub. L. 104–106, § 615(a), substituted “a member” for “an officer (other than a warrant officer)”
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 104–106, § 615(a), substituted “a member” for “an officer (other than a warrant officer)”.
Enacted provision · exact public law section
(a) Inclusion of Additional Members.— Subsection (a)(11) of section 301 of title 37, United States Code, is amended by striking out “an officer (other than a warrant officer)” and inserting in lieu thereof “a member”.
1996
National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 615(c)(1) · 110 Stat. 186
Substituted · 37 U.S.C. § 301(c)(2)(A)
Pub. L. 104–106, § 615(c)(1), substituted “a member” for “an officer” in provisions before table
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 104–106, § 615(c)(1), substituted “a member” for “an officer” in provisions before table.
Enacted provision · exact public law section
(1) by striking out “an officer” each place it appears and inserting in lieu thereof “a member”; and
1996
National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 615(b) · 110 Stat. 186
1. Amended · 37 U.S.C. § 301(c)(2)(A)
  Pub. L. 104–106, § 615(b), amended table generally
2. Added · 37 U.S.C. § 301(c)(2)(A)
  Pub. L. 104–106, § 615(b), adding provisions relating to pay grades W–1 through W–4 and E–4 and below through E–9
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–106, § 615(b), amended table generally, adding provisions relating to pay grades W–1 through W–4 and E–4 and below through E–9.
Enacted provision · exact public law section
(b) Calculation of Hazardous Duty Incentive Pay.— The table in subparagraph (A) of subsection (c)(2) of such section is amended to read as follows: “Pay grade Years of service as an air weapons controller 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 “O–7 and above. $200 $200 $200 $200 $200 $200 $200 “O–6 225 250 300 325 350 350 350 “O–5 200 250 300 325 350 350 350 “O–3 175 225 275 300 350 350 350 “O–4 125 156 188 206 350 350 350 “O–2 125 156 188 206 250 300 300 “O–1 125 156 188 206 250 250 250 “W–4 200 225 275 300 325 325 325 “W–3 175 225 275 300 325 325 325 “W–2 150 200 250 275 325 325 325 “W–1 100 125 150 175 325 325 325 “E–9 200 225 250 275 300 300 300 “E–8 200 225 250 275 300 300 300 “E–7 175 200 225 250 275 275 275 “E–6 156 175 200 225 250 250 250 “E–5 125 156 175 188 200 200 200 “E—4 and below 125 156 175 188 200 200 200 “Pay grade—Continued Years of service as an air weapons controller—Continued Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 24 Over 25 “O–7 and above $200 $200 $200 $200 $200 $200 $200 $110 “O–6 350 350 350 350 300 250 250 225 “O–5 350 350 350 350 300 250 250 225 “O–4 350 350 350 350 300 250 250 225 “O–3 350 350 350 300 275 250 225 200 “O–2 300 300 300 275 245 210 200 180 “O–1 250 250 250 245 210 200 180 150 “W–4 325 325 325 325 276 250 225 200 “W–3 325 325 325 325 325 250 225 200 “W–2 325 325 325 325 275 250 225 200 “W–1 325 325 325 325 275 250 225 200 “E–9 300 300 300 300 275 230 200 200 “E–8 300 300 300 300 265 230 200 200 “E–7 300 300 300 300 265 230 200 200 “E–6 300 300 300 300 265 230 200 200 “E–5 250 250 250 250 225 200 175 150 “E–4 and below 200 200 200 200 175 150 125 125”.
1996
National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 615(c) · 110 Stat. 186
1. Substituted · 37 U.S.C. § 301(c)(2)(B)
  Pub. L. 104–106, § 615(c), substituted “a member” for “an officer”
2. Substituted · 37 U.S.C. § 301(c)(2)(B)
  Pub. L. 104–106, § 615(c), substituted “the member” for “the officer” in two places
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 104–106, § 615(c), substituted “a member” for “an officer” and substituted “the member” for “the officer” in two places.
Enacted provision · exact public law section
(c) Conforming Amendments.— Subsection (c)(2) of such section is further amended— (1) by striking out “an officer” each place it appears and inserting in lieu thereof “a member”; and (2) by striking out “the officer” each place it appears and inserting in lieu thereof “the member”.
1997
National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 614(a)(2) · 111 Stat. 1629
Substituted · 37 U.S.C. § 301(b)
Pub. L. 105–85, § 614(a)(2), in table substituted “150” for “125” as monthly rate for pay grades O–1, W–1, and E–4
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–85, § 614(a)(2), in table substituted “150” for “125” as monthly rate for pay grades O–1, W–1, and E–4.
Enacted provision · exact public law section
(2) by striking out “125” each place it appears and inserting in lieu thereof “150”.
1997
National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 614(a)(1) · 111 Stat. 1629
Substituted · 37 U.S.C. § 301(b)
Pub. L. 105–85, § 614(a)(1), in table substituted “150” for “110” as monthly rate for pay grades O–7 to O–10 and E–1 to E–3
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–85, § 614(a)(1), in table substituted “150” for “110” as monthly rate for pay grades O–7 to O–10 and E–1 to E–3.
Enacted provision · exact public law section
(1) by striking out “110” each place it appears and inserting in lieu thereof “150”; and
1997
National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 614(c) · 111 Stat. 1629
1. Substituted · 37 U.S.C. § 301(c)(1)
  Pub. L. 105–85, § 614(c), substituted “$150” for “$110”
2. Substituted · 37 U.S.C. § 301(c)(1)
  Pub. L. 105–85, § 614(c), substituted “$225” for “$165”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 105–85, § 614(c), substituted “$150” for “$110” and “$225” for “$165”.
Enacted provision · exact public law section
(c) Other Members.— Subsection (c)(1) of such section is amended— (1) by striking out “$110” and inserting in lieu thereof “$150”; and (2) by striking out “$165” and inserting in lieu thereof “$225”.
1997
National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 614(b) · 111 Stat. 1629
1. Substituted · 37 U.S.C. § 301(c)(2)(A)
  Pub. L. 105–85, § 614(b), in table substituted “150” for “100” in first column for pay grades O–1 to O–3, E–4 and below, and E–5, in second column for pay grade W–1, and in fourteenth and fifteenth columns for pay grade E–4 and below
2. Substituted · 37 U.S.C. § 301(c)(2)(A)
  Pub. L. 105–85, § 614(b), in table substituted “150” for “110” in first column for pay grades O–1 to O–3, E–4 and below, and E–5, in second column for pay grade W–1, and in fourteenth and fifteenth columns for pay grade E–4 and below
3. Substituted · 37 U.S.C. § 301(c)(2)(A)
  Pub. L. 105–85, § 614(b), in table substituted “150” for “125” in first column for pay grades O–1 to O–3, E–4 and below, and E–5, in second column for pay grade W–1, and in fourteenth and fifteenth columns for pay grade E–4 and below
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 105–85, § 614(b), in table substituted “150” for “100” in first column for pay grade W–1, “150” for “110” in last column for pay grade O–7 and above, and “150” for “125” in first column for pay grades O–1 to O–3, E–4 and below, and E–5, in second column for pay grade W–1, and in fourteenth and fifteenth columns for pay grade E–4 and below.
Enacted provision · exact public law section
(b) Air Weapons Controller Aircrew.— The table in subsection (c)(2)(A) of such section is amended— (1) by striking out “100” in the first column of amounts and inserting in lieu thereof “150”; (2) by striking out “110” in the last column of amounts and inserting in lieu thereof “150”; and (3) by striking out “125” each place it appears and inserting in lieu thereof “150”.
1998
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 div. A title VI § 614(a) · 112 Stat. 1920
1. Substituted · 37 U.S.C. § 301(b)
  Pub. L. 105–261 in table substituted “165” for “150” as monthly rate for pay grades E–7 to E–9
2. Substituted · 37 U.S.C. § 301(b)
  Pub. L. 105–261 in table substituted “190” for “150” as monthly rate for pay grades E–7 to E–9
3. Substituted · 37 U.S.C. § 301(b)
  Pub. L. 105–261 in table substituted “215” for “175” as monthly rate for pay grades E–7 to E–9
4. Substituted · 37 U.S.C. § 301(b)
  Pub. L. 105–261 in table substituted “240” for “200” as monthly rate for pay grades E–7 to E–9
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–261 in table substituted “165” for “150” as monthly rate for pay grade E–4, “190” for “150” as monthly rate for pay grade E–5, “215” for “175” as monthly rate for pay grade E–6, and “240” for “200” as monthly rate for pay grades E–7 to E–9.
Enacted provision · exact public law section
(a) Rates.— The table in section 301(b) of title 37, United States Code, is amended by striking out the items relating to pay grades E–4, E–5, E–6, E–7, E–8, and E–9, and inserting in lieu thereof the following: “E–9 240 E–8 240 E–7 240 E–6 215 E–5 190 E–4 165”.
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 615(a) · 115 Stat. 1012
1. Added · 37 U.S.C. § 301(a)(11); 37 U.S.C. § 301(a)(12)
  Pub. L. 107–107, § 615(a), added par. (11)
2. Redesignated · 37 U.S.C. § 301(a)(11); 37 U.S.C. § 301(a)(12)
  Pub. L. 107–107, § 615(a), redesignated former par. (11) as (12)
Source evidence
Code amendment note
Subsec. (a)(11), (12). Pub. L. 107–107, § 615(a), added par. (11) and redesignated former par. (11) as (12).
Enacted provision · exact public law section
(a) Additional Type of Duty Eligible for Pay.— Section 301(a) of title 37, United States Code, is amended— (1) in paragraph (10), by striking “or” at the end; (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following new paragraph: “(11) involving regular participation as a member of a team conducting visit, board, search, and seizure operations aboard vessels in support of maritime interdiction operations; or”.
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 615(b)(1) · 115 Stat. 1012
Substituted · 37 U.S.C. § 301(c)(1)
Pub. L. 107–107, § 615(b)(1), substituted “(11) of subsection (a)” for “(10) of subsection (a)”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 107–107, § 615(b)(1), substituted “(11) of subsection (a)” for “(10) of subsection (a)”.
Enacted provision · exact public law section
(1) in paragraph (1), by striking “(10)” and inserting “(11)”; and
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 615(b)(2) · 115 Stat. 1012
Substituted · 37 U.S.C. § 301(c)(2)(A)
Pub. L. 107–107, § 615(b)(2), substituted “(12) of subsection (a)” for “(11) of subsection (a)”
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 107–107, § 615(b)(2), substituted “(12) of subsection (a)” for “(11) of subsection (a)”.
Enacted provision · exact public law section
(2) in paragraph (2)(A), by striking “(11)” and inserting “(12)”.
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(c)(1) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(a)(2)
Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.
Enacted provision · exact public law section
(1) Subsections (a)(2), (b), (c), and (f)(2)(A) of such section are amended by striking “clause” each place it appears and inserting “paragraph”.
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(a) · 117 Stat. 1392
1. Struck · 37 U.S.C. § 301(a)(11)(13)
  Pub. L. 108–136, § 615(a), struck out “or” at end of par. (11)
2. Added · 37 U.S.C. § 301(a)(11)(13)
  Pub. L. 108–136, § 615(a), added par. (12)
3. Redesignated · 37 U.S.C. § 301(a)(11)(13)
  Pub. L. 108–136, § 615(a), redesignated former par. (12) as (13)
Source evidence
Code amendment note
Subsec. (a)(11) to (13). Pub. L. 108–136, § 615(a), struck out “or” at end of par. (11), added par. (12), and redesignated former par. (12) as (13).
Enacted provision · exact public law section
(a) Additional Type of Duty Eligible for Pay.— Section 301(a) of title 37, United States Code, is amended— (1) in paragraph (11), by striking “or” at the end; (2) by redesignating paragraph (12) as paragraph (13); and (3) by inserting after paragraph (11) the following new paragraph: “(12) involving use of ski-equipped aircraft on the ground in Antarctica or on the Arctic ice-pack; or” .
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(c)(1) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(b)
Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions.
Enacted provision · exact public law section
(1) Subsections (a)(2), (b), (c), and (f)(2)(A) of such section are amended by striking “clause” each place it appears and inserting “paragraph”.
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(c)(2) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(c)(1)
Pub. L. 108–136, § 615(c)(2), substituted “paragraphs” for “clauses”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 108–136, § 615(c)(2), substituted “paragraphs” for “clauses”.
Enacted provision · exact public law section
(2) Subsection (c)(1) of such section is amended by striking “clauses” and inserting “paragraphs”.
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(c)(1) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(c)(1)
Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.
Enacted provision · exact public law section
(1) Subsections (a)(2), (b), (c), and (f)(2)(A) of such section are amended by striking “clause” each place it appears and inserting “paragraph”.
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(b)(1) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(c)(1)
Pub. L. 108–136, § 615(b)(1), substituted “(12)” for “(11)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 108–136, § 615(b)(1), substituted “(12)” for “(11)”.
Enacted provision · exact public law section
(1) in paragraph (1), by striking “(11)” and inserting “(12)”; and
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(c)(1) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(c)(2)(A)
Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions.
Enacted provision · exact public law section
(1) Subsections (a)(2), (b), (c), and (f)(2)(A) of such section are amended by striking “clause” each place it appears and inserting “paragraph”.
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(b)(2) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(c)(2)(A)
Pub. L. 108–136, § 615(b)(2), substituted “(13)” for “(12)” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 108–136, § 615(b)(2), substituted “(13)” for “(12)” in introductory provisions.
Enacted provision · exact public law section
(2) in paragraph (2)(A), by striking “(12)” and inserting “(13)”.
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 615(c)(1) · 117 Stat. 1392
Substituted · 37 U.S.C. § 301(f)(2)(A)
Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” after “same”
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” after “same”.
Enacted provision · exact public law section
(1) Subsections (a)(2), (b), (c), and (f)(2)(A) of such section are amended by striking “clause” each place it appears and inserting “paragraph”.
Effective date note
Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”
2004
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title VI § 615 · 118 Stat. 1811
1. Amended · 37 U.S.C. § 301(d); 37 U.S.C. § 301(e)
  Pub. L. 108–375 designated existing provisions of subsec. (d) as par. (1) of subsec. (d)
2. Redesignated · 37 U.S.C. § 301(d); 37 U.S.C. § 301(e)
  Pub. L. 108–375 redesignated former subsec. (e) as par. (2) of subsec. (d)
3. Added · 37 U.S.C. § 301(d); 37 U.S.C. § 301(e)
  Pub. L. 108–375 added subsec. (e)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 108–375 designated existing provisions of subsec. (d) as par. (1) of subsec. (d), redesignated former subsec. (e) as par. (2) of subsec. (d), and added subsec. (e).
Enacted provision · exact public law section
SEC. 615. AUTHORITY TO PROVIDE HAZARDOUS DUTY INCENTIVE PAY TO MILITARY FIREFIGHTERS. Section 301 of title 37, United States Code, is amended— (1) in subsection (d), by inserting “(1)” after “(d)”; (2) by redesignating subsection (e) as paragraph (2) of subsection (d); and (3) by inserting after subsection (d) the following new subsection (e): “(e) A member of a uniformed service who is entitled to basic pay may be paid incentive pay under this subsection, at a monthly rate not to exceed $150, for any month during which the member performs duty involving regular participation as a firefighting crew member, as determined by the Secretary concerned.” .
2006
John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. A title X § 1071(c)(2) · 120 Stat. 2083
Struck · 37 U.S.C. § 301(f)(2)(C)
Pub. L. 109–364 struck out comma after “the term”
Source evidence
Code amendment note
Subsec. (f)(2)(C). Pub. L. 109–364 struck out comma after “the term”.
Enacted provision · exact public law section
(2) Section 301(f)(2)(C) is amended by striking the comma after “the term”.

87 of 94 references resolved to an enrolled provision · 7 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
301(a)301(b)301(c)	37:235(a).37:235(b).37:235(c).	Feb. 18, 1946, ch. 30 (1st proviso under “General Provision”), 60 Stat. 20.
301(d)301(e)301(f) 301(g)	37:235(d).37:235(e).37:301(d).37:301(e) (as applicable to incentive pay).37:118a–1.	Oct. 12, 1949, ch. 681, §§ 204, 501(d), (e) (as applicable to incentive pay), 63 Stat. 809, 826, 827; Mar. 31, 1955, ch. 20, § 2(4)–(7), 69 Stat. 19–21; Aug. 28, 1957, Pub. L. 85–208, 71 Stat. 484; May 20, 1958, Pub. L. 85–422, § 1(6), 72 Stat. 124; June 30, 1960, Pub. L. 86–559, § 8, 74 Stat. 282; July 12, 1960, Pub. L. 86–635, 74 Stat. 469; Aug. 17, 1961, Pub. L. 87–145, §§ 2, 3, 75 Stat. 382.

In subsection (a), the words “is also entitled” are substituted for the words “shall, in addition thereto, be entitled”. The words “For the purposes of this subsection” are inserted for clarity. The word “competent” is omitted as surplusage.

In subsection (b), the words preceding the tables are substituted for section 235(b) (words preceding tables) of existing title 37. The words “Years of service computed under section 205” are inserted in the tables for clarity.

In subsection (f), the words “a member of a reserve component of a uniformed service, or of the National Guard” are substituted for the enumeration of the organizations concerned in section 301(d) of existing title 37. The words “when . . . performs, under orders, any duty described in subsection (a)(1)–(11) for members entitled to basic pay” are substituted for the words “when required by competent orders to perform any hazardous duty prescribed by or pursuant to section 235 of this title for members of the uniformed services entitled to receive basic pay and when in consequence of such orders they do perform any hazardous duty so prescribed”. The last sentence is substituted for section 301(e) (as applicable to (d)) of existing title 37.

In subsection (g), the words “entitled to incentive pay under section 301(a)(1) of this title” are substituted for the words “flight pay”. At the time of the enactment of the source statute, additional pay was authorized as “flight pay”. However, the Career Compensation Act of 1949 did not authorize “flight pay” but provided incentive pay in section 204(a)(1) [now section 301(a)(1) of this revised title] for “duty as a crew member . . . involving frequent and regular participation in aerial flight”. The words “before January 2 of each year” are substituted for the words “On or before January 1, annually”. The word “grade” is substituted for the word “rank” to conform to the definition in section 101(15) of this revised title.

Editorial Notes

Amendments1963–2006 · 20 rounds

2006

Subsec. (f)(2)(C). Pub. L. 109–364 struck out comma after “the term”.

2004

Subsecs. (d), (e). Pub. L. 108–375 designated existing provisions of subsec. (d) as par. (1) of subsec. (d), redesignated former subsec. (e) as par. (2) of subsec. (d), and added subsec. (e).

2003

Subsec. (a)(2). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.

Subsec. (a)(11) to (13). Pub. L. 108–136, § 615(a), struck out “or” at end of par. (11), added par. (12), and redesignated former par. (12) as (13).

Subsec. (b). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions.

Subsec. (c)(1). Pub. L. 108–136, § 615(c)(2), substituted “paragraphs” for “clauses”.

Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.

Pub. L. 108–136, § 615(b)(1), substituted “(12)” for “(11)”.

Subsec. (c)(2)(A). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions.

Pub. L. 108–136, § 615(b)(2), substituted “(13)” for “(12)” in introductory provisions.

Subsec. (f)(2)(A). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” after “same”.

2001

Subsec. (a)(11), (12). Pub. L. 107–107, § 615(a), added par. (11) and redesignated former par. (11) as (12).

Subsec. (c)(1). Pub. L. 107–107, § 615(b)(1), substituted “(11) of subsection (a)” for “(10) of subsection (a)”.

Subsec. (c)(2)(A). Pub. L. 107–107, § 615(b)(2), substituted “(12) of subsection (a)” for “(11) of subsection (a)”.

1998

Subsec. (b). Pub. L. 105–261 in table substituted “165” for “150” as monthly rate for pay grade E–4, “190” for “150” as monthly rate for pay grade E–5, “215” for “175” as monthly rate for pay grade E–6, and “240” for “200” as monthly rate for pay grades E–7 to E–9.

1997

Subsec. (b). Pub. L. 105–85, § 614(a)(2), in table substituted “150” for “125” as monthly rate for pay grades O–1, W–1, and E–4.

Pub. L. 105–85, § 614(a)(1), in table substituted “150” for “110” as monthly rate for pay grades O–7 to O–10 and E–1 to E–3.

Subsec. (c)(1). Pub. L. 105–85, § 614(c), substituted “$150” for “$110” and “$225” for “$165”.

Subsec. (c)(2)(A). Pub. L. 105–85, § 614(b), in table substituted “150” for “100” in first column for pay grade W–1, “150” for “110” in last column for pay grade O–7 and above, and “150” for “125” in first column for pay grades O–1 to O–3, E–4 and below, and E–5, in second column for pay grade W–1, and in fourteenth and fifteenth columns for pay grade E–4 and below.

1996

Subsec. (a)(11). Pub. L. 104–106, § 615(a), substituted “a member” for “an officer (other than a warrant officer)”.

Subsec. (c)(2)(A). Pub. L. 104–106, § 615(c)(1), substituted “a member” for “an officer” in provisions before table.

Pub. L. 104–106, § 615(b), amended table generally, adding provisions relating to pay grades W–1 through W–4 and E–4 and below through E–9.

Subsec. (c)(2)(B). Pub. L. 104–106, § 615(c), substituted “a member” for “an officer” and substituted “the member” for “the officer” in two places.

1991

Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.

Subsec. (b). Pub. L. 102–190, § 1111(d)(1), in table inserted provisions relating to pay grade of W–5, compensable at monthly rate of $250, below item relating to pay grade O–1.

Subsec. (c)(1). Pub. L. 102–190, § 614, substituted “in military free fall operations involving parachute deployment by the jumper without the use of a static line” for “at a high altitude with a low opening”.

1987

Subsec. (a). Pub. L. 100–26, § 8(e)(2)(A), substituted “In this subsection, the term” for “For the purposes of this subsection,”.

Subsec. (b). Pub. L. 100–26, § 8(d)(1), which directed that subsec. (b) be amended by substituting “Monthly Rate” for “Monthly rate” wherever appearing, could not be executed, because in the one place where the words appear, both words were already capitalized.

Subsec. (f)(2)(C). Pub. L. 100–26, § 8(e)(2)(B), substituted “paragraph, the term” for “paragraph”.

1986

Subsec. (a)(1). Pub. L. 99–661 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “as a crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;”.

1985

Subsec. (a)(1). Pub. L. 99–145, § 635(a)(1)(A), substituted “a crew member” for “an enlisted crew member”.

Subsec. (a)(10). Pub. L. 99–145, § 635(a)(1)(B), in amending cl. (10) generally, designated existing provisions as cls. (A) and (B) and added cl. (C).

Subsec. (b). Pub. L. 99–145, § 635(a)(2), amended table generally, striking out differentiation in pay rates based upon years of service and reflect an upward adjustment in the monthly incentive pay with respect to pay grades E–9 through E–1, and inserted provisions relating to monthly incentive pay for pay grades O–10 through O–1 and W–4 through W–1, respectively.

Subsec. (c)(1). Pub. L. 99–145, § 1303(b)(2), directed the substitution of “(10),” for “(10),,”. See amendment note below.

Pub. L. 99–145, § 635(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “For the performance of the hazardous duty described in clause (2), (3), (4), (5), (6), (7), (8), (9), or (10),, of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $83 a month.”

Subsec. (f). Pub. L. 99–145, § 647(a), designated existing provisions as par. (1), inserted “for the entire month” after “section 204 of this title”, and added par. (2).

1984

Subsec. (a)(3). Pub. L. 98–525, § 624(a)(1), redesignated cl. (4) as (3). Former cl. (3), relating to duty involving frequent and regular participation in glider flights, was struck out.

Subsec. (a)(4). Pub. L. 98–525, § 624(a)(1), redesignated cl. (6) as (4). Former cl. (4) redesignated (3).

Subsec. (a)(5). Pub. L. 98–525, § 624(a)(1), redesignated cl. (7) as (5). Former cl. (5), relating to duty involving intimate contact with persons afflicted with leprosy, was struck out.

Subsec. (a)(6) to (13). Pub. L. 98–525, § 624(a)(1), redesignated cls. (8) to (13) as (6) to (11), respectively.

Subsec. (c)(1). Pub. L. 98–525, § 624(a)(2), substituted “or (10),” for “(10), (11), or (12)”.

Subsec. (c)(2). Pub. L. 98–525, § 624(a)(3), substituted “(11)” for “(13)”.

1983

Subsec. (a)(12). Pub. L. 98–94 inserted “or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used”.

1981

Subsec. (a). Pub. L. 97–60, § 111(a), inserted reference in cl. (10) to a ship other than an aircraft carrier from which aircraft are launched, and added cls. (11) to (13).

Subsec. (b). Pub. L. 97–60, § 111(b), amended table to reflect an upward adjustment in the monthly incentive pay.

Subsec. (c). Pub. L. 97–60, § 111(c), designated existing provisions as par. (1), inserted reference to cls. (11) and (12) of subsec. (a) of this section and substituted “$83” for “$55”, and added par. (2).

1980

Subsec. (a)(2). Pub. L. 96–579, § 3(a), redesignated cl. (4) as (2) and struck out former cl. (2) defining “hazardous duty” as including submarine duty. See section 301c(a)(5) of this title.

Pub. L. 96–513, § 516(5)(A), (B), in subcl. (B) substituted reference to subcl. (A) for reference to cl. (A), and in subcl. (B) substituted reference to subcl. (B) for reference to cl. (B).

Subsec. (a)(3). Pub. L. 96–579, § 3(a), redesignated cl. (5) as (3) and struck out former cl. (3) defining “hazardous duty” as including duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles. See section 301c(a)(5) of this title.

Subsec. (a)(4) to (12). Pub. L. 96–579, § 3(a), redesignated cls. (4) to (12) as (2) to (10), respectively.

Subsec. (b). Pub. L. 96–579, § 3(b), struck out par. (1) designation for provision relating to monthly flight incentive pay for enlisted members and struck out par. (2) relating to monthly incentive pay for commissioned officers, warrant officers, and enlisted members for hazardous duty as crew member involving frequent and regular participation in aerial flight, submarine duty, and duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles, now reflected as to enlisted members in currently upgraded scale in subsec. (b) table and covered in section 301c(b) table reflecting currently upgraded scale for submarine duty by enlisted members, commissioned officers, and warrant officers.

Pub. L. 96–343 redesignated existing provision as par. (2), substituted “(2) or (3)” for “(1), (2), or (3)”, and added par. (1).

Subsec. (c). Pub. L. 96–579, § 3(c), inserted references to cls. (2) and (3) and struck out references to cls. (11) and (12) of subsec. (a) of this section.

Subsec. (f). Pub. L. 96–513, § 516(5)(C), substituted reference to subsection (a) for reference to subsection (a)(1)–(12).

1974

Subsec. (a)(1). Pub. L. 93–294, § 2(1), substituted “an enlisted crew member” for “a crew member”.

Subsec. (g). Pub. L. 93–294, § 2(2), repealed subsec. (g) which required the Secretary of each military department to report to Congress before January 2 each year the number of officers of the Army, Navy, or Air Force, as the case may be, above the grade of major or lieutenant commander, by grade and age group, who were entitled to incentive pay under subsec. (a)(1) of this section. See section 301a of this title.

1972

Subsec. (a)(2)(A). Pub. L. 92–436 included in the hazardous duty for incentive pay of a member of a submarine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incentive pay, to satisfy of underway time requirements for the current month.

1966

Subsec. (a)(2). Pub. L. 89–718 made only style changes by capitalizing letter designations for cls. “A”, “B”, and “C” and by setting off text following cl. C through the device of moving the margin to the left of the margin for the clauses.

1965

Subsec. (a)(2). Pub. L. 89–278 included duty as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations for certain specified periods within term “hazardous duty”.

Subsec. (a)(12). Pub. L. 89–149, § 1, added cl. (12).

Subsecs. (c), (f). Pub. L. 89–149, §§ 2, 3, inserted reference to cl. (12) of subsec. (a).

1963

Subsec. (a)(2). Pub. L. 88–132, § 6, substituted “as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a prospective crew-member of a submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine” for “on board a submarine, including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto as determined by the Secretary concerned, and including submarines under construction from the time builders’ trials begin”.

Subsec. (a)(9). Pub. L. 88–132, § 7, substituted “inside a high- or low-pressure chamber” for “as a low-pressure chamber inside observer”.

Subsec. (e). Pub. L. 88–132, § 8, substituted “not more than two payments” for “only one payment”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: “Paragraph (12) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, § 615(c), Dec. 28, 2001, 115 Stat. 1136, provided that: “Paragraph (11) of section 301(a) of title 37, United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after January 1, 2002.”

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, § 614(b), Oct. 17, 1998, 112 Stat. 2040, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1998, and shall apply with respect to months beginning on or after that date.”

Effective Date of 1991 Amendment

Amendment by section 1111(d)(1) of Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title XIII, § 1342(h)(1), Nov. 14, 1986, 100 Stat. 3992, provided that: “The amendments made by subsections (a) through (d) [amending this section and section 302 of this title and provisions set out as notes under sections 302b and 403 of this title] shall take effect on October 1, 1986, or the date of the enactment of this Act [Nov. 14, 1986], whichever is later.”

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, § 635(b), Nov. 8, 1985, 99 Stat. 648, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 1985.”

Pub. L. 99–145, title VI, § 647(b), Nov. 8, 1985, 99 Stat. 655, provided that: “The amendments made by subsection (a) [amending this section] shall apply to payments of incentive pay for hazardous duty performed after September 30, 1985.”

Effective Date of 1983 Amendment

Pub. L. 98–94, title IX, § 903(b), Sept. 24, 1983, 97 Stat. 635, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1983.”

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, § 111(d), Oct. 14, 1981, 95 Stat. 994, provided that: “The amendments made by this section [amending this section] shall take effect as of October 1, 1981.”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–579 effective Jan. 1, 1981, see section 3(g) of Pub. L. 96–579, set out as an Effective Date note under section 301c of this title.

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Pub. L. 96–343, § 2(c), Sept. 8, 1980, 94 Stat. 1124, provided that: “The amendments made by this section [amending this section] shall be effective with respect to incentive pay payable for months after August 1980.”

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–294 effective June 1, 1974, see section 6 of Pub. L. 93–294, set out as an Effective Date note under section 301a of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title.

Authorization of Monthly Bonus Pay for a Junior Member of the Uniformed Services During Calendar Year 2024

Pub. L. 118–31, div. A, title VI, § 614, Dec. 22, 2023, 137 Stat. 292, provided that:

“(a)
Authorization.—
Beginning on January 1, 2024, if the Secretary concerned determines that prevailing economic conditions may adversely affect an eligible member, the Secretary concerned may pay a monthly bonus to each eligible member.
#
“(b)
Amount of Pay.—
Each bonus payment under this section shall be in an amount equal to a percentage, determined by the Secretary concerned, of the rate—
“(1)
in effect on December 31, 2023; and
#
“(2)
of, for an eligible member—
“(A)
pay under section 204 of title 37, United States Code; or
#
“(B)
compensation under section 206 of title 37, United States Code.
#
#
#
“(c)
Relationship to Other Pay and Allowances.—
Bonus pay paid to an eligible member under this section is in addition to any other pay and allowances to which the eligible member is entitled.
#
“(d)
Termination.—
No bonus may be paid under this section after December 31, 2024.
#
“(e)
Eligible Member Defined.—
In this section, the term ‘eligible member’ means a member of the uniformed services who—
“(1)
is entitled to pay or compensation described in subsection (b)(2); and
#
“(2)
is in a grade below E-6.”
#
#

Temporary Authority for Monthly Special Pay for Members of the Armed Forces Subject to Continuing Active Duty or Service Under Stop-Loss Authorities

Pub. L. 111–84, div. A, title VI, § 620, Oct. 28, 2009, 123 Stat. 2357, provided that:

“(a)
Special Pay Authorized.—
The Secretary of the military department concerned may pay monthly special pay to any member of the Army, Navy, Air Force, or Marine Corps (including a member of a reserve component thereof) for any month, or portion of a month, in which the member serves on active duty in the Armed Forces, or has the member’s eligibility for retirement from the Armed Forces suspended, as described in subsection (b).
#
“(b)
Eligibility Requirements.—
A member of the Armed Forces referred to in subsection (a) is eligible to receive special pay under this section if the member, at any time during the period beginning on October 1, 2009, and ending on June 30, 2011, serves on active duty while the member’s enlistment or period of obligated service is extended, or has the member’s eligibility for retirement suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (commonly referred to as a ‘stop-loss authority’) that authorizes the President to extend an enlistment or period of obligated service, or suspend eligibility for retirement, of a member of the Armed Forces in time of war or national emergency declared by Congress or the President.
#
“(c)
Amount.—
The amount of monthly special pay payable to a member under this section for a month may not exceed $500.
#
“(d)
Construction With Other Pays.—
Monthly special pay payable to a member under this section is in addition to any other amounts payable to the member by law.”
#

Transitional Provisions

Pub. L. 110–181, div. A, title VI, § 662, Jan. 28, 2008, 122 Stat. 180, provided that:

“(a)
Implementation Plan.—
“(1)
Development.—
The Secretary of Defense shall develop a plan to implement subchapters II and III of chapter 5 of title 37, United States Code, as added by section 661(a), and to correspondingly transition all of the special and incentive pay programs for members of the uniformed services solely to provisions of such subchapters.
#
“(2)
Submission.—
Not later than one year after the date of the enactment of this Act [Jan. 28, 2008], the Secretary shall submit the implementation plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
#
#
“(b)
Transition Period.—
During a transition period of not more than 10 years beginning on the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense, the Secretary of a military department, and the Secretaries referred to in subsection (d) may continue to use the authorities in provisions in subchapter I of chapter 5 of title 37, United States Code, as designated by section 661(a), but subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan, to provide bonuses and special and incentive pays for members of the uniformed services.
#
“(c)
Notice of Implementation of New Authorities.—
Not less than 30 days before the date on which a special pay or bonus authority provided under subchapter II of chapter 5 of title 37, United States Code, as added by section 661(a), is first utilized, the Secretary of Defense shall submit to the congressional defense committees a notice of the implementation of the authority, including whether, as a result of implementation of the authority, a corresponding authority in subchapter I of such chapter, as designated by section 661(a), will no longer be used.
#
“(d)
Coordination.—
The Secretary of Defense shall prepare the implementation plan in coordination with—
“(1)
the Secretary of Homeland Security, with respect to the Coast Guard;
#
“(2)
the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and
#
“(3)
the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
#
#
“(e)
No Effect on Fiscal Year 2008 Obligations.—
During fiscal year 2008, obligations incurred under subchapters I, II, and III of chapter 5 of title 37, United States Code, as amended by section 661, to provide bonuses, incentive pays, special pays, and similar payments to members of the uniformed services under such subchapters may not exceed the obligations that would be incurred in the absence of the amendments made by such section.”
#

Retention Incentives Initiative for Critically Short Military Occupational Specialties

Pub. L. 105–261, div. A, title VI, § 622, Oct. 17, 1998, 112 Stat. 2042, provided that:

“(a)
Requirement for New Incentives.—
The Secretary of Defense shall establish and provide for members of the Armed Forces qualified in critically short military occupational specialties a series of new incentives that the Secretary considers potentially effective for increasing the rates at which those members are retained in the Armed Forces for service in such specialties.
#
“(b)
Critically Short Military Occupational Specialties.—
For the purposes of this section, a military occupational specialty is a critically short military occupational specialty for an Armed Force if the number of members retained in that Armed Force in fiscal year 1998 for service in that specialty is less than 50 percent of the number of members of that Armed Force that were projected to be retained in that Armed Force for service in the specialty by the Secretary of the military department concerned as of October 1, 1997.
#
“(c)
Incentives.—
It is the sense of Congress that, among the new incentives established and provided under this section, the Secretary of Defense should include the following incentives:
“(1)
Family support and leave allowances.
#
“(2)
Increased special reenlistment or retention bonuses.
#
“(3)
Repayment of educational loans.
#
“(4)
Priority of selection for assignment to preferred permanent duty station or for extension at permanent duty station.
#
“(5)
Modified leave policies.
#
“(6)
Special consideration for Government housing or additional housing allowances.
#
#
“(d)
Relationship to Other Incentives.—
Incentives provided under this section are in addition to any special pay or other benefit that is authorized under any other provision of law.
#
“(e)
Reports.—
(1)
Not later than December 1, 1998, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that identifies, for each of the Armed Forces, the critically short military occupational specialties to which incentives under this section are to apply.
#
“(2)
Not later than April 15, 1999, the Secretary of Defense shall submit to the congressional defense committees a report that specifies, for each of the Armed Forces, the incentives that are to be provided under this section.”
#
#

Persons Entitled To Receive Incentive Pay for Duty Involving Contact With Persons Afflicted With Leprosy

Pub. L. 98–525, title VI, § 624(b), Oct. 19, 1984, 98 Stat. 2542, provided that: “A member of the uniformed services who is entitled on the day before the date of the enactment of this Act [Oct. 19, 1984] to receive incentive pay under section 301(a)(5) [subsec. (a)(5) of this section] (for the performance of duty involving intimate contact with persons afflicted with leprosy) shall continue to be entitled to such pay under such section as in effect on that day so long as the member continues (without a break) to be assigned to perform such duties on and after that day.”

Executive Documents

Executive Order No. 10152

Ex. Ord. No. 10152, Aug. 17, 1950, 15 F.R. 5489, as amended by Ex. Ord. No. 10618, July 1, 1955, 20 F.R. 4671; Ex. Ord. No. 10681, Oct. 24, 1956, 21 F.R. 8129; Ex. Ord. No. 10739, Nov. 19, 1957, 22 F.R. 9205; Ex. Ord. No. 10892, Nov. 10, 1960, 25 F.R. 10731; Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631, which concerned regulations relating to incentive pay for performance of hazardous duty, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out below.

Executive Order No. 11157

Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, as amended by Ex. Ord. No. 11242, Aug. 28, 1965, 30 F.R. 11205; Ex. Ord. No. 11253, Oct. 20, 1965, 30 F.R. 13509; Ex. Ord. No. 11259, Dec. 3, 1965, 30 F.R. 15057; Ex. Ord. No. 11292, Aug. 1, 1966, 31 F.R. 10447; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 11424, Aug. 29, 1968, 33 F.R. 12361; Ex. Ord. No. 11473, June 14, 1969, 34 F.R. 9485; Ex. Ord. No. 11511, Feb. 27, 1970, 35 F.R. 3877; Ex. Ord. No. 11591, Apr. 23, 1971, 36 F.R. 7833; Ex. Ord. No. 11716, Apr. 26, 1973, 38 F.R. 10621; Ex. Ord. No. 11728, July 12, 1973, 38 F.R. 18861; Ex. Ord. No. 11897, Jan. 13, 1976, 41 F.R. 2071; Ex. Ord. No. 11929, July 26, 1976, 41 F.R. 31159; Ex. Ord. No. 11939, Sept. 30, 1976, 41 F.R. 43705; Ex. Ord. No. 12094, Nov. 1, 1978, 43 F.R. 51379; Ex. Ord. No. 12243, Oct. 3, 1980, 45 F.R. 66439; Ex. Ord. No. 12274, Jan. 16, 1981, 46 F.R. 5855; Ex. Ord. No. 12337, Jan. 11, 1982, 47 F.R. 1367, eff. Sept. 15, 1981; Ex. Ord. No. 12380, Aug. 18, 1982, 47 F.R. 36605, eff. Jan. 1, 1981; Ex. Ord. No. 12394, Nov. 18, 1982, 47 F.R. 52405, eff. Oct. 1, 1981; Ex. Ord. No. 12420, May 11, 1983, 48 F.R. 21525, eff. Oct. 1, 1981; Ex. Ord. No. 12488, Sept. 27, 1984, 49 F.R. 38525, eff. Oct. 1, 1983; Ex. Ord. No. 12494, Dec. 6, 1984, 49 F.R. 48175; Ex. Ord. No. 12541, Dec. 30, 1985, 51 F.R. 585, eff. Jan. 1, 1986; Ex. Ord. No. 12573, Nov. 6, 1986, 51 F.R. 40954, eff. in part Oct. 1, 1985; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12762, June 4, 1991, 56 F.R. 25993; Ex. Ord. No. 12935, Oct. 28, 1994, 59 F.R. 54511, which related to regulations regarding incentive pay for hazardous duty, special pay for sea duty and duty at certain other locations, and basic allowances for subsistence and quarters, was revoked by Ex. Ord. No. 13294, § 2, Mar. 28, 2003, 68 F.R. 15919, set out below.

Ex. Ord. No. 13294. Regulations Relating to Hazardous Duty Incentive Pay, Aviation Career Incentive Pay, and Submarine Duty Incentive Pay

Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 301, 301a, and 301c of title 37, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. The Secretary of Defense, the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, with respect to members of the uniformed services under their respective jurisdictions, are hereby designated and empowered to exercise, without approval, ratification, or other action by the President, the authority vested in the President by sections 301, 301a, and 301c of title 37, United States Code. The Secretaries shall consult each other in the exercise of such authority to ensure similar treatment for similarly situated members of the uniformed services unless the needs of their respective uniformed services require differing treatment.

Sec. 2. Executive Order 11157 of June 22, 1964, as amended, and Executive Order 11800 of August 17, 1974, as amended, are hereby revoked.

Sec. 3. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or any other person.

George W. Bush.

Credits

1962–2006 · 25 acts

1962Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461
1963Pub. L. 88–132, §§ 6–8, Oct. 2, 1963, 77 Stat. 215, 216
1965Pub. L. 89–149, §§ 1–3, Aug. 28, 1965, 79 Stat. 585
1965Pub. L. 89–278, Oct. 20, 1965, 79 Stat. 1011
1966Pub. L. 89–718, § 52, Nov. 2, 1966, 80 Stat. 1121
1972Pub. L. 92–436, title VI, § 605, Sept. 26, 1972, 86 Stat. 740
1974Pub. L. 93–294, § 2(1), (2), May 31, 1974, 88 Stat. 177
1980Pub. L. 96–343, § 2(a), Sept. 8, 1980, 94 Stat. 1123
1980Pub. L. 96–513, title V, § 516(5), Dec. 12, 1980, 94 Stat. 2938
1980Pub. L. 96–579, § 3(a)–(c), Dec. 23, 1980, 94 Stat. 3360
1981Pub. L. 97–60, title I, § 111(a)–(c), Oct. 14, 1981, 95 Stat. 992, 993
1983Pub. L. 98–94, title IX, § 903(a), Sept. 24, 1983, 97 Stat. 635
1984Pub. L. 98–525, title VI, § 624(a), Oct. 19, 1984, 98 Stat. 2542
1985Pub. L. 99–145, title VI, §§ 635(a), 647(a), title XIII, § 1303(b)(2), Nov. 8, 1985, 99 Stat. 647, 655, 740
1986Pub. L. 99–661, div. A, title XIII, § 1342(a), Nov. 14, 1986, 100 Stat. 3991
1987Pub. L. 100–26, § 8(d)(1), (e)(2), Apr. 21, 1987, 101 Stat. 285, 286
1991Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117
1991Pub. L. 102–190, div. A, title VI, § 614, title XI, § 1111(d)(1), Dec. 5, 1991, 105 Stat. 1377, 1492
1996Pub. L. 104–106, div. A, title VI, § 615, Feb. 10, 1996, 110 Stat. 361
1997Pub. L. 105–85, div. A, title VI, § 614, Nov. 18, 1997, 111 Stat. 1786
1998Pub. L. 105–261, div. A, title VI, § 614(a), Oct. 17, 1998, 112 Stat. 2039
2001Pub. L. 107–107, div. A, title VI, § 615(a), (b), Dec. 28, 2001, 115 Stat. 1136
2003Pub. L. 108–136, div. A, title VI, § 615(a)–(c), Nov. 24, 2003, 117 Stat. 1502
2004Pub. L. 108–375, div. A, title VI, § 615, Oct. 28, 2004, 118 Stat. 1948
2006Pub. L. 109–364, div. A, title X, § 1071(c)(2), Oct. 17, 2006, 120 Stat. 2400.

Show as published

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–132, §§ 6–8, Oct. 2, 1963, 77 Stat. 215, 216; Pub. L. 89–149, §§ 1–3, Aug. 28, 1965, 79 Stat. 585; Pub. L. 89–278, Oct. 20, 1965, 79 Stat. 1011; Pub. L. 89–718, § 52, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–436, title VI, § 605, Sept. 26, 1972, 86 Stat. 740; Pub. L. 93–294, § 2(1), (2), May 31, 1974, 88 Stat. 177; Pub. L. 96–343, § 2(a), Sept. 8, 1980, 94 Stat. 1123; Pub. L. 96–513, title V, § 516(5), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 3(a)–(c), Dec. 23, 1980, 94 Stat. 3360; Pub. L. 97–60, title I, § 111(a)–(c), Oct. 14, 1981, 95 Stat. 992, 993; Pub. L. 98–94, title IX, § 903(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 98–525, title VI, § 624(a), Oct. 19, 1984, 98 Stat. 2542; Pub. L. 99–145, title VI, §§ 635(a), 647(a), title XIII, § 1303(b)(2), Nov. 8, 1985, 99 Stat. 647, 655, 740; Pub. L. 99–661, div. A, title XIII, § 1342(a), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 100–26, § 8(d)(1), (e)(2), Apr. 21, 1987, 101 Stat. 285, 286; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, § 614, title XI, § 1111(d)(1), Dec. 5, 1991, 105 Stat. 1377, 1492; Pub. L. 104–106, div. A, title VI, § 615, Feb. 10, 1996, 110 Stat. 361; Pub. L. 105–85, div. A, title VI, § 614, Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, § 614(a), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 107–107, div. A, title VI, § 615(a), (b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 108–136, div. A, title VI, § 615(a)–(c), Nov. 24, 2003, 117 Stat. 1502; Pub. L. 108–375, div. A, title VI, § 615, Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109–364, div. A, title X, § 1071(c)(2), Oct. 17, 2006, 120 Stat. 2400.)