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119th Congress

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119th Congress

Title 37 — Pay and Allowances of the Uniformed Services

Chapter 5 — Special and Incentive Pays

§ 301a. Incentive pay: aviation career

Statutory text

(a)
(1)

Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to aviation career incentive pay in the amount set forth in subsection (b) for the frequent and regular performance of operational or proficiency flying duty required by orders.

(2)

Aviation career incentive pay shall be restricted to regular and reserve officers who hold, or are in training leading to, an aeronautical rating or designation and who engage and remain in aviation service on a career basis.

(3)

Under regulations prescribed by the Secretary of Defense, the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or the Secretary of Commerce and the Secretary of Health and Human Services with respect to members under their respective jurisdiction, an officer (except a flight surgeon or other medical officer) who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) that is applicable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is not entitled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) for the frequent and regular performance of operational flying duty.

(4)

To be entitled to continuous monthly incentive pay, an officer must perform the prescribed operational flying duties (including flight training but excluding proficiency flying) for 8 of the first 12, and 12 of the first 18 years of the aviation service of the officer. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer will be entitled to continuous monthly incentive pay for the first 22 years of aviation service of the officer. Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of aviation service, but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) for the performance of operational flying duty.

(5)

If upon completion of either 12 or 18 years of aviation service it is determined that an officer has failed to perform the minimum prescribed operational flying duty requirements during the prescribed periods of time, his entitlement to continuous monthly incentive pay ceases. For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service. The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection. If at the completion of 12 years of aviation service entitlement to continuous monthly incentive pay ceases, entitlement to that pay may again commence at the completion of 18 years of aviation service upon completion of the minimum operational flying duty requirements, such pay to continue for a period of time as prescribed in accordance with this section. However, if entitlement to continuous monthly incentive pay ceases in the case of any officer at the completion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incentive pay for the performance of subsequent operational or proficiency flying duties up to the maximum period of time prescribed in accordance with this section.

(6)

In this section:

(A)

The term “aviation service” means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.

(B)

The term “operational flying duty” means flying performed under competent orders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation.

(C)

The term “proficiency flying duty” means flying performed under competent orders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.

(D)

The term “officer” includes an individual enlisted, and designated, as an aviation cadet under section 8411 of title 10.

(b)
(1)

A member who satisfies the requirements described in subsection (a) is entitled to monthly incentive pay as follows:

Years of aviation service (including flight training) as an officer:Monthly rate
2 or less$125
Over 2$156
Over 3$188
Over 4$206
Over 6$650
Over 14$840
Over 22$585
Over 23$495
Over 24$385
Over 25$250
(2)

An officer in a pay grade above O–6 is entitled, until the officer completes 25 years of aviation service, to be paid at the rates set forth in the table in paragraph (1), except that—

(A)

an officer in pay grade O–7 may not be paid at a rate greater than $200 a month; and

(B)

an officer in pay grade O–8 or above may not be paid at a rate greater than $206 a month.

(3)

For a warrant officer with over 22, 23, 24, or 25 years of aviation service who is qualified under subsection (a), the rate prescribed in the table in paragraph (1) for officers with over 14 years of aviation service shall continue to apply to the warrant officer.

(4)

An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(13) of this title, shall be paid the monthly incentive pay at the higher of the following rates:

(A)

The rate otherwise applicable to the member under this subsection.

(B)

The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member’s entitlement to aviation career incentive pay under this section.

(c)

In time of war, the President may suspend the payment of aviation career incentive pay.

(d)

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, 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) for the performance of that duty by a member with corresponding years of aviation service who is entitled to basic pay. Such member 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.

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.

  1. Pub. L. 93–294 § 2(3) · 88 Stat. 177

    Enacted · 37 U.S.C. § 301a

    Added Pub. L. 93–294, § 2(3), May 31, 1974, 88 Stat. 177

    Source evidence

    Code source credit
    Added Pub. L. 93–294, § 2(3), May 31, 1974, 88 Stat. 177

    Enacted provision · exact public law section
    (3) The following new section is inserted after section 301 and a corresponding item for that section is inserted in the chapter analysis:

  2. Fiscal Year Adjustment Act

    Pub. L. 94–273 § 3(21) · 90 Stat. 375

    Substituted · 37 U.S.C. § 301a(e)

    Pub. L. 94–273 substituted “October” for “July”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–273 substituted “October” for “July”.

    Enacted provision · exact public law section
    (21) section 301a(e) of title 37, United States Code;

  3. Military Personnel and Compensation Amendments of 1980

    Pub. L. 96–343 § 2(b)(1) · 94 Stat. 1123

    1. Substituted · 37 U.S.C. § 301a(b)(1)

      Pub. L. 96–343, § 2(b)(1), (2), substituted in phase I table, “$125”, “$156”, “$188”, “$206”, and “$306” for “$100” “$165”, respectively

    2. Substituted · 37 U.S.C. § 301a(b)(1)

      Pub. L. 96–343, § 2(b)(1), (2), substituted in phase I table, “$125”, “$156”, “$188”, “$206”, and “$206” for “$225” “$165”, respectively

    3. Substituted · 37 U.S.C. § 301a(b)(1)

      Pub. L. 96–343, § 2(b)(1), (2), substituted in phase I table, “$125”, “$156”, “$188”, “$206”, and “$206” for “$160” “$165”, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–343, § 2(b)(1), (2), substituted in phase I table, “$125”, “$156”, “$188”, “$206”, and “$306” for “$100”, “$125”, “$150”, “$165”, and “$245” in items relating to 2 or less years, over 2 years, over 3 years, over 4 years, and over 6 years, respectively, in phase II table, “$281”, “$256”, “$231”, and “$206” for “$225”, “$205”, “$185”, and “$165” in items relating to over 18 years, over 20 years, over 22 years, and over 24 but not over 25 years, respectively, and “$200” and “$206” for “$160” and “$165”, respectively.

    Enacted provision · exact public law section
    (1) The tables in clause (1) of section 301a(b) of such title, relating to aviation career incentive pay for officers, are amended to read as follows: “Years of aviation service (including flight training) as an officer: Monthly rate   2 or less $125    Over 2 156    Over 3 188    Over 4 206    Over 4 306  “Years of service as an officer as computed under section 205:     Over 18 $281    Over 20 256    Over 22 231    Over 24 but not over 25 206”.

  4. Military Personnel and Compensation Amendments of 1980

    Pub. L. 96–343 § 2(b)(3) · 94 Stat. 1123

    Substituted · 37 U.S.C. § 301a(b)(2)

    Pub. L. 96–343, § 2(b)(3), substituted “$125”, “$138”, and “$250” for “$100”, “$110”, and “$200” in items relating to 2 or less years, over 2 years, and over 6 years, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 96–343, § 2(b)(3), substituted “$125”, “$138”, and “$250” for “$100”, “$110”, and “$200” in items relating to 2 or less years, over 2 years, and over 6 years, respectively.

    Enacted provision · exact public law section
    (3) The table in clause (2) of such section is amended to read as follows: “Years of aviation service as an officer: Monthly rate   2 or less $125    Over 2 138    Over 6 250”

  5. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 516(6) · 94 Stat. 2835

    Substituted · 37 U.S.C. § 301a(a)(3)

    Pub. L. 96–513 substituted “Health and Human Services” for “Health, Education, and Welfare”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 96–513 substituted “Health and Human Services” for “Health, Education, and Welfare”.

    Enacted provision · exact public law section
    (6) Section 301a(a)(3) is amended by striking out “Secretary of Health, Education, and Welfare” and inserting in lieu thereof “Secretary of Health and Human Services”.

  6. Uniformed Services Pay Act of 1981

    Pub. L. 97–60 § 112(a) · 95 Stat. 989

    Inserted · 37 U.S.C. § 301a(a)(4)

    Pub. L. 97–60, § 112(a), inserted provision that entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 97–60, § 112(a), inserted provision that entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty.

    Enacted provision · exact public law section
    (a) Section 301a(a)(4) of title 37, United States Code, is amended by adding at the end thereof the following new sentence: “Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty.”.

  7. Uniformed Services Pay Act of 1981

    Pub. L. 97–60 § 112(b) · 95 Stat. 989

    Amended · 37 U.S.C. § 301a(b)(1); 37 U.S.C. § 301a(b)(2)

    Pub. L. 97–60, § 112(b), amended table to reflect an upward adjustment in monthly incentive pay

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 97–60, § 112(b), amended table to reflect an upward adjustment in monthly incentive pay.

    Enacted provision · exact public law section
    (b) (1) The tables in clause (1) of section 301a(b) of such title are amended to read as follows: “Years of aviation service (including flight training) as an officer: Monthly rate    2 or less $125    Over 2 156    Over 3 188    Over 4 206    Over 6 400 “Years of service as an officer as computed under section 205: Monthly rate    Over 18 $370     Over 20 340     Over 22 310     Over 24 280     Over 25 250”. (2) The table in clause (2) of section 301a(b) of such title is 37 USC 301a. amended to read as follows: “Years of aviation service as an officer: Monthly rate   2 or less $125    Over 2 156    Over 3 188    Over 4 206    Over 6 400”.

  8. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 632(a)(1) · 100 Stat. 3816

    Added · 37 U.S.C. § 301a(a)(6)(C)

    Pub. L. 99–661, § 632(a)(1), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(C). Pub. L. 99–661, § 632(a)(1), added subpar. (C).

    Enacted provision · exact public law section
    (1) Section 301a(a)(6) of title 37, United States Code, is amended— (A) by striking out “and” at the end of clause (A); (B) by striking out the period at the end of clause (B) and inserting in lieu thereof a semicolon and “and”; and (C) by inserting after clause (B) the following new clause: “(C) ‘officer’ includes an individual enlisted, and designated, as an aviation cadet under section 6911 of title 10.”.

  9. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 632(a)(2) · 100 Stat. 3816

    Substituted · 37 U.S.C. § 301a(b)(1)

    Pub. L. 99–661, § 632(a)(2), substituted “a member” for “an officer in pay grades O–1 through O–10”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 99–661, § 632(a)(2), substituted “a member” for “an officer in pay grades O–1 through O–10”.

    Enacted provision · exact public law section
    (2) Section 301a(b)(1) of such title is amended by striking out “an officer in pay grades O–1 through O–10” and inserting in lieu thereof “a member”.

  10. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 8(e)(3) · 101 Stat. 273

    1. Substituted · 37 U.S.C. § 301a(a)(6)

      Pub. L. 100–26, which directed that par. (6) of this section be amended, was executed to par. (6) of subsec. (a) of this section, to reflect the probable intent of Congress by substituting “In this section:” for “For the purposes of this section, the term—”

    2. Inserted · 37 U.S.C. § 301a(a)(6)

      Pub. L. 100–26, which directed that par. (6) of this section be inserting “The term” at beginning of subpars. (A) to (C)

    3. Substituted · 37 U.S.C. § 301a(a)(6)

      Pub. L. 100–26, which directed that par. (6) of this section be substituting period for semicolon at end of subpar. (A) and period for “; and” at end of subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 100–26, which directed that par. (6) of this section be amended, was executed to par. (6) of subsec. (a) of this section, to reflect the probable intent of Congress by substituting “In this section:” for “For the purposes of this section, the term—”, inserting “The term” at beginning of subpars. (A) to (C), and substituting period for semicolon at end of subpar. (A) and period for “; and” at end of subpar. (B).

    Enacted provision · exact public law section
    (3) Section 301a(6) is amended— (A) by striking out “For the purposes of this section, the term—” and inserting in lieu thereof “In this section:”; (B) by inserting “The term” in each subparagraph after the subparagraph designation; (C) by striking out the semicolon at the end of subparagraphs (A) and (B) and inserting in lieu thereof a period; and (D) by striking out “and” at the end of subparagraph (B).

  11. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 631(a) · 103 Stat. 1352

    1. Amended · 37 U.S.C. § 301a(a)(4)

      Pub. L. 101–189, § 631(a), as amended by Pub. L. 103–35, § 204(c)

    2. Substituted · 37 U.S.C. § 301a(a)(4)

      Pub. L. 101–189, § 631(a), as substituted “9 of the first 12, and 12 of the first 18 years of the aviation service of the officer” for “6 of the first 12, and 11 of the first 18, years of his aviation service”

    3. Substituted · 37 U.S.C. § 301a(a)(4)

      Pub. L. 101–189, § 631(a), as substituted “at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer” for “at least 9 but less than 11 of the first 18 years of his aviation service, he”

    4. Substituted · 37 U.S.C. § 301a(a)(4)

      Pub. L. 101–189, § 631(a), as substituted “the officer’s service as an officer” for “his officer service”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–189, § 631(a), as amended by Pub. L. 103–35, § 204(c), substituted “9 of the first 12, and 12 of the first 18 years of the aviation service of the officer” for “6 of the first 12, and 11 of the first 18, years of his aviation service”, “at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer” for “at least 9 but less than 11 of the first 18 years of his aviation service, he”, and “the officer’s service as an officer” for “his officer service”.

    Enacted provision · exact public law section
    (a) Entitlement Requirements.— Subsection (a)(4) of section 301a of title 37, United States Code, is amended— (1) by striking out “6 of the first 12, and 11 of the first 18 years of his aviation service.” in the first sentence and inserting in lieu thereof “9 of the first 12, and 12 of the first 18 years of the aviation service of the officer.”; (2) by striking out “at least 9 but less than 11 of the first 18 years of his aviation service, he” in the second sentence and inserting in lieu thereof “at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer”; and (3) by striking out “his officer service” in the second sentence and inserting in lieu thereof “the officer’s service as an officer”.

  12. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 631(b) · 103 Stat. 1352

    Inserted · 37 U.S.C. § 301a(a)(5)

    Pub. L. 101–189, § 631(b), inserted after first sentence “For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 101–189, § 631(b), inserted after first sentence “For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service.”

    Enacted provision · exact public law section
    (b) Waiver of Entitlement Requirements by the Secretary Concerned.— Subsection (a)(5) of such section is amended by inserting after the first sentence the following new sentence: “For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service.”.

  13. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 631(c)(1) · 103 Stat. 1352

    1. Substituted · 37 U.S.C. § 301a(b)(1)

      Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “650” for “400” in item relating to over 6 years, and in phase II table

    2. Struck · 37 U.S.C. § 301a(b)(1)

      Pub. L. 101–189, § 631(c)(1), in phase I table, struck out “as computed under section 205” after “an officer” in table heading

    3. Substituted · 37 U.S.C. § 301a(b)(1)

      Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “$585” for “$370” in items relating to over 18 years, over 20 years, and over 22 years, respectively

    4. Substituted · 37 U.S.C. § 301a(b)(1)

      Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “495” for “340” in items relating to over 18 years, over 20 years, and over 22 years, respectively

    5. Substituted · 37 U.S.C. § 301a(b)(1)

      Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “385” for “310” in items relating to over 18 years, over 20 years, and over 22 years, respectively

    6. Struck · 37 U.S.C. § 301a(b)(1)

      Pub. L. 101–189, § 631(c)(1), in phase I table, struck out item relating to a monthly rate of $280 for over 24 years

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “650” for “400” in item relating to over 6 years, and in phase II table, struck out “as computed under section 205” after “an officer” in table heading, substituted “$585” for “$370”, “495” for “340”, and “385” for “310”, in items relating to over 18 years, over 20 years, and over 22 years, respectively, and struck out item relating to a monthly rate of $280 for over 24 years.

    Enacted provision · exact public law section
    (1) Subsection (b)(1) of such section is amended— (A) by striking out “400” in the portion of the table designated as Phase I and inserting in lieu thereof “650”; and (B) by striking out the portion of the table designated as Phase II and inserting in lieu thereof the following: “Years of service  as an officer: Monthly rate: Over 18 $585 Over 20 495 Over 22 385 Over 25 250”.

  14. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 631(c)(2) · 103 Stat. 1352

    Substituted · 37 U.S.C. § 301a(b)(2)

    Pub. L. 101–189, § 631(c)(2), in table, substituted “650” for “400” in item relating to over 6 years

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–189, § 631(c)(2), in table, substituted “650” for “400” in item relating to over 6 years.

    Enacted provision · exact public law section
    (2) Subsection (b)(2) of such section is amended by striking out “400” in the table and inserting in lieu thereof “650”.

  15. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 631(d) · 103 Stat. 1352

    Added · 37 U.S.C. § 301a(f)

    Pub. L. 101–189, § 631(d), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–189, § 631(d), added subsec. (f).

    Enacted provision · exact public law section
    (d) Report on Number of Officers Receiving a Waiver.— Such section is further amended by adding at the end the following new subsection: (f) The Secretary of Defense shall submit annually to Congress a report specifying for the year covered by the report— “(1) the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum prescribed operational flying duty requirements; “(2) the number of those officers who continued to receive continuous monthly incentive pay despite their failure to per-form the minimum prescribed operational flying duty requirements and the extent to which they failed to perform those requirements; and “(3) the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified pursuant to paragraph (2).”.

  16. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title XIII § 1322(c)(1) · 104 Stat. 1485

    Struck · 37 U.S.C. § 301a(e)

    Pub. L. 101–510 struck out subsec. (e) which read as follows: “The Secretary of Defense shall report to Congress before October 1 each year the number of rated members by pay grade who—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–510 struck out subsec. (e) which read as follows: “The Secretary of Defense shall report to Congress before October 1 each year the number of rated members by pay grade who—

    “(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and “(2) are performing operational flying duties, proficiency flying, and those not performing flying duties.”

    Enacted provision · exact public law section
    (1) Sections 301a and 301c are amended by striking out subsection (e).

  17. Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    1. Struck · 37 U.S.C. § 301a

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

    2. Struck · 37 U.S.C. § 301a

      Pub. L. 102–25 struck out “of this subsection” in subsec. (b)(2)

    Source evidence

    Code amendment note
    Pub. L. 102–25 struck out “of this section” wherever appearing and struck out “of this subsection” in subsec. (b)(2).

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

  18. Pub. L. 103–35 title II § 204(c) · 107 Stat. 97

    Changed · 37 U.S.C. § 301a(a)(4)

    Pub. L. 103–35 made technical amendment to directory language of Pub. L. 101–189, § 631(a)(1). See 1989 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 101–189, § 631(a)(1). See 1989 Amendment note below.

    Enacted provision · exact public law section
    (c) Public Law 101–189.— Effective date. Effective as of November 29, 1989, paragraph (1) of section 631(a) of the National Defense 37 USC 301a, 301a note. Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1449) is amended by inserting a comma after “18” in the matter struck by such paragraph.

  19. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 616(a) · 110 Stat. 186

    Substituted · 37 U.S.C. § 301a(a)(4)

    Pub. L. 104–106, § 616(a), substituted “8” for “9” before “of the first 12”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–106, § 616(a), substituted “8” for “9” before “of the first 12”.

    Enacted provision · exact public law section
    (a) Years of Operational Flying Duties Required.— Paragraph (4) of section 301a(a) of title 37, United States Code, is amended in the first sentence by striking out “9” and inserting in lieu thereof “8”.

  20. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 616(b) · 110 Stat. 186

    Inserted · 37 U.S.C. § 301a(a)(5)

    Pub. L. 104–106, § 616(b), inserted “The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection.” after second sentence

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 104–106, § 616(b), inserted “The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection.” after second sentence.

    Enacted provision · exact public law section
    (b) Exercise of Waiver Authority.— Paragraph (5) of such section is amended by inserting after the second sentence the following new sentence: “The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection.”.

  21. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 615(b) · 111 Stat. 1629

    Substituted · 37 U.S.C. § 301a(b)(1)

    Pub. L. 105–85, § 615(b), substituted “22 years” for “18 years” in two places in provisions after phase II table

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–85, § 615(b), substituted “22 years” for “18 years” in two places in provisions after phase II table.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Such subsection is further amended in the matter after the table by striking out “18 years” both places it appears and inserting in lieu thereof “22 years”

  22. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 615(a) · 111 Stat. 1629

    Inserted · 37 U.S.C. § 301a(b)(1)

    Pub. L. 105–85, § 615(a), which directed amendment by inserting at the end of phase I of the table the following:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–85, § 615(a), which directed amendment by inserting at the end of phase I of the table the following:

    and by striking out phase II of the table and inserting in lieu thereof the following:

    Enacted provision · exact public law section
    (a) Amounts.— The table in subsection (b)(1) of section 301a of title 37, United States Code, is amended— (1) by inserting at the end of phase I of the table the following: “Over 14 840”, and (2) by striking out phase II of the table and inserting in lieu thereof the following: “Years of service as an officer: “Monthly rate “Over 22 $585 “Over 23 495 “Over 24 385 “Over 25 250”.

  23. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 615(c)(1)(A) · 112 Stat. 1920

    1. Substituted · 37 U.S.C. § 301a(a)(4)

      Pub. L. 105–261, § 615(c)(1)(A), substituted “22 years of aviation service of the officer” for “22 years of the officer’s service as an officer”

    2. Substituted · 37 U.S.C. § 301a(a)(4)

      Pub. L. 105–261, § 615(c)(1)(A), substituted “25 years of aviation service” for “25 years of service as an officer (as computed under section 205 of this title)”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 105–261, § 615(c)(1)(A), substituted “22 years of aviation service of the officer” for “22 years of the officer’s service as an officer” and “25 years of aviation service” for “25 years of service as an officer (as computed under section 205 of this title)”.

    Enacted provision · exact public law section
    (A) in subsection (a)(4)— (i) by striking out “22 years of the officer’s service as an officer” and inserting in lieu thereof “22 years of aviation service of the officer”; and (ii) by striking out “25 years of service as an officer (as computed under section 205 of this title)” and inserting in lieu thereof “25 years of aviation service”; and

  24. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 615(a)(1) · 112 Stat. 1920

    1. Added · 37 U.S.C. § 301a(a)(6)

      Pub. L. 105–261, § 615(a)(1), added subpar. (A)

    2. Redesignated · 37 U.S.C. § 301a(a)(6)

      Pub. L. 105–261, § 615(a)(1), redesignated former subpars. (A) to (C) as (B) to (D), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 105–261, § 615(a)(1), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively.

    Enacted provision · exact public law section
    (1) Section 301a(a)(6) of title 37, United States Code, is amended— (A) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: “(A) The term ‘aviation service’ means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.”.

  25. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 615(d) · 112 Stat. 1920

    Repealed · 37 U.S.C. § 301a(b)

    Pub. L. 105–261, § 615(d), repealed section 615 of Pub. L. 105–85. See 1997 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–261, § 615(d), repealed section 615 of Pub. L. 105–85. See 1997 Amendment note below.

    Enacted provision · exact public law section
    (d) Conforming Amendment.— Section 615 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1787) is repealed. 37 USC 301a and note.

  26. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 615(b) · 112 Stat. 1920

    1. Amended · 37 U.S.C. § 301a(b)

      Pub. L. 105–261, § 615(b), amended subsec. (b) generally

    2. Substituted · 37 U.S.C. § 301a(b)

      Pub. L. 105–261, § 615(b), substituting pars. (1) to (3) for former pars. (1) and (2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–261, § 615(b), amended subsec. (b) generally, substituting pars. (1) to (3) for former pars. (1) and (2).

    Enacted provision · exact public law section
    (b) Amount of Incentive Pay.— subsection (b) of section 301a of such title is amended to read as follows: “(b) (1) A member who satisfies the requirements described in subsection (a) is entitled to monthly incentive pay as follows: “Years of aviation service (including flight training) as an officer: Monthly rate 2 or less $125 Over 2 $156 Over 3 $188 Over 4 $206 Over 6 $650 Over 14 $840 Over 22 $585 Over 23 $495 Over 24 $385 Over 25 $250 “(2) An officer in a pay grade above O–6 is entitled, until the officer completes 25 years of aviation service, to be paid at the rates set forth in the table in paragraph (1), except that— “(A) an officer in pay grade O–7 may not be paid at a rate greater than $200 a month; and “(B) an officer in pay grade O–8 or above may not be paid at a rate greater than $206 a month. “(3) For a warrant officer with over 22, 23, 24, or 25 years of aviation service who is qualified under subsection (a), the rate prescribed in the table in paragraph (1) for officers with over 14 years of aviation service shall continue to apply to the warrant officer”.

  27. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 615(c)(1)(B) · 112 Stat. 1920

    Substituted · 37 U.S.C. § 301a(d)

    Pub. L. 105–261, § 615(c)(1)(B), substituted “subsection (b) for the performance of that duty by a member with corresponding years of aviation service” for “subsection (b)(1) or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–261, § 615(c)(1)(B), substituted “subsection (b) for the performance of that duty by a member with corresponding years of aviation service” for “subsection (b)(1) or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,”.

    Enacted provision · exact public law section
    (B) in subsection (d), by striking out “subsection (b)(1)or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,” and inserting in lieu thereof “subsection(b) for the performance of that duty by a member with corresponding years of aviation service”.

  28. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 615(d) · 112 Stat. 1920

    Changed · 37 U.S.C. § 301a(b)(1)

    Pub. L. 105–261, § 615(d)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    was repealed by Pub. L. 105–261, § 615(d).

    Enacted provision · exact public law section
    (d) Conforming Amendment.— Section 615 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1787) is repealed. 37 USC 301a and note.

  29. Pub. L. 106–65 div. A title VI § 614(a) · 113 Stat. 512

    Added · 37 U.S.C. § 301a(b)(4)

    Pub. L. 106–65 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 106–65 added par. (4).

    Enacted provision · exact public law section
    (a) Applicable Incentive Pay Rate.— Section 301a(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(11) of this title, shall be paid the monthly incentive pay at the higher of the following rates: “(A) The rate otherwise applicable to the member under this subsection. “(B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member’s entitlement to aviation career incentive pay under this section.”.

  30. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(c) · 116 Stat. 2135

    Substituted · 37 U.S.C. § 301a(a)(3)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (c) Title 37, United States Code.— Title 37, United States Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

  31. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title X § 1084(e)(1) · 118 Stat. 1811

    Substituted · 37 U.S.C. § 301a(b)(4)

    Pub. L. 108–375 substituted “section 301(a)(13)” for “section 301(a)(11)”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 108–375 substituted “section 301(a)(13)” for “section 301(a)(11)”.

    Enacted provision · exact public law section
    (1) Section 301a(b)(4) is amended by striking “section 301(a)(11)” and inserting “section 301(a)(13)”.

  32. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1046(a) · 120 Stat. 2083

    Struck · 37 U.S.C. § 301a(f)

    Pub. L. 109–364 struck out subsec. (f), which required the Secretary of Defense to submit annually to Congress a report specifying for the year covered by the report the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum operational flying duty requirements, the number of those officers who continued to receive continuous monthly incentive pay and the extent to which they failed to perform those requirements, and the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–364 struck out subsec. (f), which required the Secretary of Defense to submit annually to Congress a report specifying for the year covered by the report the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum operational flying duty requirements, the number of those officers who continued to receive continuous monthly incentive pay and the extent to which they failed to perform those requirements, and the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified.

    Enacted provision · exact public law section
    (a) Annual Report on Aviation Career Incentive Pay.— Section 301a of title 37, United States Code, is amended by striking subsection (f).

  33. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 809(m)(2) · 132 Stat. 1636

    Substituted · 37 U.S.C. § 301a(a)(6)(D)

    Pub. L. 115–232 substituted “section 8411 of title 10” for “section 6911 of title 10”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(D). Pub. L. 115–232 substituted “section 8411 of title 10” for “section 6911 of title 10”.

    Enacted provision · exact public law section
    (2) Section 301a(a)(6)(D) of such title is amended by striking “section 6911 of title 10” and inserting “section 8411 of title 10”.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

49 of 49 references resolved to an enrolled provision

Editorial Notes

Amendments1976–2018 · 17 rounds

2018

Subsec. (a)(6)(D). Pub. L. 115–232 substituted “section 8411 of title 10” for “section 6911 of title 10”.

2006

Subsec. (f). Pub. L. 109–364 struck out subsec. (f), which required the Secretary of Defense to submit annually to Congress a report specifying for the year covered by the report the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum operational flying duty requirements, the number of those officers who continued to receive continuous monthly incentive pay and the extent to which they failed to perform those requirements, and the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified.

2004

Subsec. (b)(4). Pub. L. 108–375 substituted “section 301(a)(13)” for “section 301(a)(11)”.

2002

Subsec. (a)(3). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1999

Subsec. (b)(4). Pub. L. 106–65 added par. (4).

1998

Subsec. (a)(4). Pub. L. 105–261, § 615(c)(1)(A), substituted “22 years of aviation service of the officer” for “22 years of the officer’s service as an officer” and “25 years of aviation service” for “25 years of service as an officer (as computed under section 205 of this title)”.

Subsec. (a)(6). Pub. L. 105–261, § 615(a)(1), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively.

Subsec. (b). Pub. L. 105–261, § 615(d), repealed section 615 of Pub. L. 105–85. See 1997 Amendment note below.

Pub. L. 105–261, § 615(b), amended subsec. (b) generally, substituting pars. (1) to (3) for former pars. (1) and (2).

Subsec. (d). Pub. L. 105–261, § 615(c)(1)(B), substituted “subsection (b) for the performance of that duty by a member with corresponding years of aviation service” for “subsection (b)(1) or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,”.

1997

Subsec. (b)(1). Pub. L. 105–85, § 615(b), substituted “22 years” for “18 years” in two places in provisions after phase II table.

Pub. L. 105–85, § 615(a), which directed amendment by inserting at the end of phase I of the table the following:

“Over 14840”;

and by striking out phase II of the table and inserting in lieu thereof the following:

“Phase II
“Years of service as an officer:“Monthly rate
“Over 22585 
“Over 23495 
“Over 24385 
“Over 25250”,

was repealed by Pub. L. 105–261, § 615(d).

1996

Subsec. (a)(4). Pub. L. 104–106, § 616(a), substituted “8” for “9” before “of the first 12”.

Subsec. (a)(5). Pub. L. 104–106, § 616(b), inserted “The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection.” after second sentence.

1993

Subsec. (a)(4). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 101–189, § 631(a)(1). See 1989 Amendment note below.

1991

Pub. L. 102–25 struck out “of this section” wherever appearing and struck out “of this subsection” in subsec. (b)(2).

1990

Subsec. (e). Pub. L. 101–510 struck out subsec. (e) which read as follows: “The Secretary of Defense shall report to Congress before October 1 each year the number of rated members by pay grade who—

“(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and

“(2) are performing operational flying duties, proficiency flying, and those not performing flying duties.”

1989

Subsec. (a)(4). Pub. L. 101–189, § 631(a), as amended by Pub. L. 103–35, § 204(c), substituted “9 of the first 12, and 12 of the first 18 years of the aviation service of the officer” for “6 of the first 12, and 11 of the first 18, years of his aviation service”, “at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer” for “at least 9 but less than 11 of the first 18 years of his aviation service, he”, and “the officer’s service as an officer” for “his officer service”.

Subsec. (a)(5). Pub. L. 101–189, § 631(b), inserted after first sentence “For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service.”

Subsec. (b)(1). Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “650” for “400” in item relating to over 6 years, and in phase II table, struck out “as computed under section 205” after “an officer” in table heading, substituted “$585” for “$370”, “495” for “340”, and “385” for “310”, in items relating to over 18 years, over 20 years, and over 22 years, respectively, and struck out item relating to a monthly rate of $280 for over 24 years.

Subsec. (b)(2). Pub. L. 101–189, § 631(c)(2), in table, substituted “650” for “400” in item relating to over 6 years.

Subsec. (f). Pub. L. 101–189, § 631(d), added subsec. (f).

1987

Subsec. (a)(6). Pub. L. 100–26, which directed that par. (6) of this section be amended, was executed to par. (6) of subsec. (a) of this section, to reflect the probable intent of Congress by substituting “In this section:” for “For the purposes of this section, the term—”, inserting “The term” at beginning of subpars. (A) to (C), and substituting period for semicolon at end of subpar. (A) and period for “; and” at end of subpar. (B).

1986

Subsec. (a)(6)(C). Pub. L. 99–661, § 632(a)(1), added subpar. (C).

Subsec. (b)(1). Pub. L. 99–661, § 632(a)(2), substituted “a member” for “an officer in pay grades O–1 through O–10”.

1981

Subsec. (a)(4). Pub. L. 97–60, § 112(a), inserted provision that entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty.

Subsec. (b)(1), (2). Pub. L. 97–60, § 112(b), amended table to reflect an upward adjustment in monthly incentive pay.

1980

Subsec. (a)(3). Pub. L. 96–513 substituted “Health and Human Services” for “Health, Education, and Welfare”.

Subsec. (b)(1). Pub. L. 96–343, § 2(b)(1), (2), substituted in phase I table, “$125”, “$156”, “$188”, “$206”, and “$306” for “$100”, “$125”, “$150”, “$165”, and “$245” in items relating to 2 or less years, over 2 years, over 3 years, over 4 years, and over 6 years, respectively, in phase II table, “$281”, “$256”, “$231”, and “$206” for “$225”, “$205”, “$185”, and “$165” in items relating to over 18 years, over 20 years, over 22 years, and over 24 but not over 25 years, respectively, and “$200” and “$206” for “$160” and “$165”, respectively.

Subsec. (b)(2). Pub. L. 96–343, § 2(b)(3), substituted “$125”, “$138”, and “$250” for “$100”, “$110”, and “$200” in items relating to 2 or less years, over 2 years, and over 6 years, respectively.

1976

Subsec. (e). Pub. L. 94–273 substituted “October” for “July”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, § 614(b), , 113 Stat. 651, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on , and shall apply with respect to months beginning on or after that date.”

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, § 615(c), , 111 Stat. 1787, which provided that the amendments made by section 615(a) of Pub. L. 105–85 to this section were to take effect on , and were to apply with respect to months beginning on or after that date, was repealed by Pub. L. 105–261, div. A, title VI, § 615(d), , 112 Stat. 2041.

Effective Date of 1993 Amendment

Pub. L. 103–35, title II, § 204(c), , 107 Stat. 102, provided that the amendment made by that section is effective .

Effective Date of 1989 Amendment; Transition

Pub. L. 101–189, div. A, title VI, § 631(e), (f), , 103 Stat. 1450, provided that:

“(e)

Effective Date.—

(1)

Except as provided in paragraph (2), the amendments made—

“(A)

by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act []; and

“(B)

by subsections (a), (b), and (d) [amending this section] shall take effect on .

“(2)

The Secretary of a military department may delay, subject to the approval of the Secretary of Defense, the implementation of the amendments made by subsection (c) with respect to the department of that Secretary until such time as the Secretary concerned determines that implementation of those amendments is necessary to meet the needs of that department.

“(3)

If the Secretary of a military department delays under paragraph (2) the implementation of the amendments made by subsection (c) beyond , the Secretary may also delay implementation of the amendments made by subsections (a), (b), and (d) until the date on which the Secretary implements the amendments made by subsection (c). During the delay in implementation, the provisions of section 301a of title 37, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply in the case of such department to the payment of aviation career incentive pay under such section.

“(f)

Transition.—

(1)

An officer of a uniformed service who, as of the date the amendments made by subsections (a), (b), and (d) take effect with regard to the officer’s uniformed service—

“(A)

has completed years of aviation service in an amount equal to one of the number of years of aviation service specified in column 1 of the following table; and

“(B)

has performed, or subsequently performs, the prescribed operational flying duties (including flight training but excluding proficiency flying) during the number of years of aviation service specified in column 2 of such table and corresponding to the number of years of aviation service applicable to the officer under column 1,

shall be entitled to continuous monthly incentive pay at the rates provided in section 301a(b) of title 37, United States Code (as amended by this section)[,] until the officer completes the years of service as an officer specified in column 3 of such table and applicable to the officer.

“TABLE
COLUMN 1COLUMN 2COLUMN 3
Number of years of aviationserviceNumber of years performingoperational flying dutyEntitlement tocontinuous monthly incentive pay through the following year of officer service
6 or moreAt least 6 of the first 12 years of aviation service18
6 or moreAt least 9 but less than 11 of the first 18 years of aviation service22
6 or moreAt least 6 of the first 12 and at least 11 of the first 18 years of aviation service25
At least 6 but less than 12Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service18
At least 12 but less than 18Less than 9 and subsequently completes 9 of the first 18 years of aviation service22
At least 12 but less than 18Less than 11 and subsequently completes 11 of the first 18 years of aviation service25
“(2)

For purposes of this subsection, the terms ‘operational flying duty’ and ‘proficiency flying duty’ have the meaning given to such terms in section 301a(a)(6) of title 37, United States Code.”

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title VI, § 632(b), , 100 Stat. 3883, provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to those members of the Armed Forces who are aviation cadets on or after the date of the enactment of this Act []. Service as an aviation cadet before that date shall not be counted for any purpose under section 301a of title 37, United States Code.”

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, § 112(c), , 95 Stat. 995, provided that: “The amendments made by this section [amending this section] shall take effect as of .”

Effective Date of 1980 Amendment

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

Effective Date

Pub. L. 93–294, § 6, , 88 Stat. 180, provided that: “This Act [enacting this section, amending section 301 of this title, and enacting provisions set out as notes under this section] becomes effective on the first day of the first month after enactment [].”

Monthly Incentive Pay for Certain Officers Entitled to Incentive Pay Under Section 301(a)(1) of This Title on May 31, 1973

Pub. L. 93–294, § 4, , 88 Stat. 179, provided that:

“Notwithstanding the amendments made by this Act [enacting this section and amending section 301 of this title], an officer who was entitled to incentive pay under section 301(a)(1) of title 37, United States Code, on , or on the day before the effective date of this Act [], if otherwise qualified on the day before the effective date of this Act, is entitled to monthly incentive pay as prescribed in either clause (1) or (2) of this section, as follows:

“(1)

If he is credited with 6 or less years of aviation service as an officer, and with less than 12 years of service as an officer, he is entitled to monthly incentive pay either—

“(A)

in the amount he was receiving under section 301(b) of that title on , or on the day before the effective date of this Act [], but with no entitlement after either of those dates, as applicable, to any longevity pay increases or increases resulting from promotion to a higher grade until such time as the rate to which he is entitled under section 301a(b) of that title, as added by this Act, is equal to or greater than the amount he was receiving under that section on , or on the day before the effective date of this Act, and thereafter his entitlement is as prescribed by that section as added by this Act; or

“(B)

at the rate prescribed by section 301a(b) of that title, as added by this Act;

whichever is greater. However, an officer who is promoted and assigned to pay grade O–7 or above during the 36-month period following the effective date of this Act [] may not receive more than the rate which existed for that pay grade, as appropriate, prior to .

“(2)

If he is credited with more than 6 years of aviation service as an officer, or less than 6 years of aviation service but more than 12 years of service as an officer, he may receive monthly incentive pay at the rate prescribed in the table in section 301a(b) of title 37, United States Code, as added by this Act, that is applicable to him, or $165, whichever is greater, for not more than 36 months after the effective date of this Act [], notwithstanding the provisions of section 301a(a) of that title, as added by this Act, with respect to prescribed operational flying duties (including flight training but excluding proficiency flying). However, under this clause, an officer who is assigned to the pay grade O–7 on the effective date of this Act, or is promoted to the pay grade O–7 during the 36-month period following the effective date of this Act, may not receive more than $160 per month while assigned to that grade.

The amount to which a reserve officer who is entitled to compensation under section 206 of title 37, United States Code, is entitled under this section is governed by the provisions of section 301a(d) of that title, as added by this Act.”

Annual Report by Department of Defense

Pub. L. 93–294, § 5, , 88 Stat. 180, provided that: “A yearly report containing such data as necessary to monitor the progress of this bill [Pub. L. 93–294] shall be made by the Department of Defense in cooperation with the Senate and House Armed Services Committees and released publicly.”

Executive Documents

Delegation of Functions

For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, , 68 F.R. 15919, set out as a note under section 301 of this title.

Executive Order No. 11800

Ex. Ord. No. 11800, , 39 F.R. 30103, as amended by Ex. Ord. No. 12608, , 52 F.R. 34617; Ex. Ord. No. 13286, § 58, , 68 F.R. 10629, which delegated authority vested in President by this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security with respect to Coast Guard when not operating as part of Navy, was revoked by Ex. Ord. No. 13294, § 2, , 68 F.R. 15919, set out as a note under section 301 of this title.

Credits

1974–2018 · 19 acts
  1. 1974Added Pub. L. 93–294, § 2(3), , 88 Stat. 177
  2. 1976amended Pub. L. 94–273, § 3(21), , 90 Stat. 377
  3. 1980Pub. L. 96–343, § 2(b), , 94 Stat. 1124
  4. 1980Pub. L. 96–513, title V, § 516(6), , 94 Stat. 2938
  5. 1981Pub. L. 97–60, title I, § 112(a), (b), , 95 Stat. 994
  6. 1986Pub. L. 99–661, div. A, title VI, § 632(a), , 100 Stat. 3883
  7. 1987Pub. L. 100–26, § 8(e)(3), , 101 Stat. 286
  8. 1989Pub. L. 101–189, div. A, title VI, § 631(a)–(d), , 103 Stat. 1449, 1450
  9. 1990Pub. L. 101–510, div. A, title XIII, § 1322(c)(1), , 104 Stat. 1672
  10. 1991Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), , 105 Stat. 117
  11. 1993Pub. L. 103–35, title II, § 204(c), , 107 Stat. 102
  12. 1996Pub. L. 104–106, div. A, title VI, § 616, , 110 Stat. 362
  13. 1997Pub. L. 105–85, div. A, title VI, § 615(a), (b), , 111 Stat. 1787
  14. 1998Pub. L. 105–261, div. A, title VI, § 615(a)(1), (b), (c)(1), (d), , 112 Stat. 2040, 2041
  15. 1999Pub. L. 106–65, div. A, title VI, § 614(a), , 113 Stat. 651
  16. 2002Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314
  17. 2004Pub. L. 108–375, div. A, title X, § 1084(e)(1), , 118 Stat. 2063
  18. 2006Pub. L. 109–364, div. A, title X, § 1046(a), , 120 Stat. 2393
  19. 2018Pub. L. 115–232, div. A, title VIII, § 809(m)(2), , 132 Stat. 1843.
Show as published

(Added Pub. L. 93–294, § 2(3), , 88 Stat. 177; amended Pub. L. 94–273, § 3(21), , 90 Stat. 377; Pub. L. 96–343, § 2(b), , 94 Stat. 1124; Pub. L. 96–513, title V, § 516(6), , 94 Stat. 2938; Pub. L. 97–60, title I, § 112(a), (b), , 95 Stat. 994; Pub. L. 99–661, div. A, title VI, § 632(a), , 100 Stat. 3883; Pub. L. 100–26, § 8(e)(3), , 101 Stat. 286; Pub. L. 101–189, div. A, title VI, § 631(a)–(d), , 103 Stat. 1449, 1450; Pub. L. 101–510, div. A, title XIII, § 1322(c)(1), , 104 Stat. 1672; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), , 105 Stat. 117; Pub. L. 103–35, title II, § 204(c), , 107 Stat. 102; Pub. L. 104–106, div. A, title VI, § 616, , 110 Stat. 362; Pub. L. 105–85, div. A, title VI, § 615(a), (b), , 111 Stat. 1787; Pub. L. 105–261, div. A, title VI, § 615(a)(1), (b), (c)(1), (d), , 112 Stat. 2040, 2041; Pub. L. 106–65, div. A, title VI, § 614(a), , 113 Stat. 651; Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314; Pub. L. 108–375, div. A, title X, § 1084(e)(1), , 118 Stat. 2063; Pub. L. 109–364, div. A, title X, § 1046(a), , 120 Stat. 2393; Pub. L. 115–232, div. A, title VIII, § 809(m)(2), , 132 Stat. 1843.)

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USLM identifier /us/usc/t37/s301a