37 U.S.C. § 301 | Incentive pay: hazardous duty

(a)

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—

(1)

section 301a of this title 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 ;

(2)

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

(3)

involving parachute jumping as an essential part of military duty;

(4)

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

(5)

inside a high- or low-pressure chamber;

(6)

as a human acceleration or deceleration experimental subject;

(7)

as a human test subject in thermal stress experiments;

(8)

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;

(9)

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

(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);

(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;

(12)

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

(13)

section 301a of this title 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 .

(b)

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 paragraph (1) of subsection (a), a member is entitled to monthly incentive pay as follows:

(c)

(1)

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.

(2)

(A)

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 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:

(B)

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.

(d)

(1)

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

(2)

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.

(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.

(f)

(1)

section 206 of this title¹₃₀section 206(a) of this title section 204 of this title 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 , 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 ⁄ 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 . This subsection does not apply to a member who is entitled to basic pay under for the entire month.

(2)

(A)

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.

(B)

section 204 of this title section 206 of this title 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 or to compensation under .

(C)

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.

Pub. L. 87–649Sept. 7, 196276 Stat. 461 Pub. L. 88–132Oct. 2, 196377 Stat. 215 Pub. L. 89–149Aug. 28, 196579 Stat. 585 Pub. L. 89–278Oct. 20, 196579 Stat. 1011 Pub. L. 89–718, § 52Nov. 2, 196680 Stat. 1121 Pub. L. 92–436, title VI, § 605Sept. 26, 197286 Stat. 740 Pub. L. 93–294, § 2(1)May 31, 197488 Stat. 177 Pub. L. 96–343, § 2(a)Sept. 8, 198094 Stat. 1123 Pub. L. 96–513, title V, § 516(5)Dec. 12, 198094 Stat. 2938 Pub. L. 96–579, § 3(a)Dec. 23, 198094 Stat. 3360 Pub. L. 97–60, title I, § 111(a)Oct. 14, 198195 Stat. 992 Pub. L. 98–94, title IX, § 903(a)Sept. 24, 198397 Stat. 635 Pub. L. 98–525, title VI, § 624(a)Oct. 19, 198498 Stat. 2542 Pub. L. 99–145, title VINov. 8, 198599 Stat. 647 Pub. L. 99–661, div. A, title XIII, § 1342(a)Nov. 14, 1986100 Stat. 3991 Pub. L. 100–26, § 8(d)(1)Apr. 21, 1987101 Stat. 285 Pub. L. 102–25, title VII, § 702(b)(1)Apr. 6, 1991105 Stat. 117 Pub. L. 102–190, div. A, title VI, § 614Dec. 5, 1991105 Stat. 1377 Pub. L. 104–106, div. A, title VI, § 615Feb. 10, 1996110 Stat. 361 Pub. L. 105–85, div. A, title VI, § 614Nov. 18, 1997111 Stat. 1786 Pub. L. 105–261, div. A, title VI, § 614(a)Oct. 17, 1998112 Stat. 2039 Pub. L. 107–107, div. A, title VI, § 615(a)Dec. 28, 2001115 Stat. 1136 Pub. L. 108–136, div. A, title VI, § 615(a)Nov. 24, 2003117 Stat. 1502 Pub. L. 108–375, div. A, title VI, § 615Oct. 28, 2004118 Stat. 1948 Pub. L. 109–364, div. A, title X, § 1071(c)(2)Oct. 17, 2006120 Stat. 2400(, , ; , §§ 6–8, , , 216; , §§ 1–3, , ; , , ; , , ; , , ; , (2), , ; , , ; , , ; –(c), , ; –(c), , , 993; , , ; , , ; , §§ 635(a), 647(a), title XIII, § 1303(b)(2), , , 655, 740; , , ; , (e)(2), , , 286; , (2), (c), , ; , title XI, § 1111(d)(1), , , 1492; , , ; , , ; , , ; , (b), , ; –(c), , ; , , ; , , .)

Historical and Revision Notes
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.

Historical and Revision Notes

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.

section 235 of this titleIn 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 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.

section 301(a)(1) of this titleIn subsection (g), the words “entitled to incentive pay under ” 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

Amendments

Pub. L. 109–3642006—Subsec. (f)(2)(C). struck out comma after “the term”.

Pub. L. 108–3752004—Subsecs. (d), (e). 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).

Pub. L. 108–136, § 615(c)(1)2003—Subsec. (a)(2). , substituted “paragraph” for “clause”.

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

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

Pub. L. 108–136, § 615(c)(2)Subsec. (c)(1). , 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)”.

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

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

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

Pub. L. 107–107, § 615(a)2001—Subsec. (a)(11), (12). , added par. (11) and redesignated former par. (11) as (12).

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

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

Pub. L. 105–2611998—Subsec. (b). 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.

Pub. L. 105–85, § 614(a)(2)1997—Subsec. (b). , 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.

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

Pub. L. 105–85, § 614(b)Subsec. (c)(2)(A). , 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.

Pub. L. 104–106, § 615(a)1996—Subsec. (a)(11). , substituted “a member” for “an officer (other than a warrant officer)”.

Pub. L. 104–106, § 615(c)(1)Subsec. (c)(2)(A). , 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.

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

Pub. L. 102–251991— struck out “of this section” and “of this subsection” wherever appearing.

Pub. L. 102–190, § 1111(d)(1)Subsec. (b). , 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.

Pub. L. 102–190, § 614Subsec. (c)(1). , 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”.

Pub. L. 100–26, § 8(e)(2)(A)1987—Subsec. (a). , substituted “In this subsection, the term” for “For the purposes of this subsection,”.

Pub. L. 100–26, § 8(d)(1)Subsec. (b). , 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.

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

Pub. L. 99–6611986—Subsec. (a)(1). 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;”.

Pub. L. 99–145, § 635(a)(1)(A)1985—Subsec. (a)(1). , substituted “a crew member” for “an enlisted crew member”.

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

Pub. L. 99–145, § 635(a)(2)Subsec. (b). , 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.

Pub. L. 99–145, § 1303(b)(2)Subsec. (c)(1). , 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.”

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

Pub. L. 98–525, § 624(a)(1)1984—Subsec. (a)(3). , redesignated cl. (4) as (3). Former cl. (3), relating to duty involving frequent and regular participation in glider flights, was struck out.

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

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

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

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

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

Pub. L. 98–941983—Subsec. (a)(12). inserted “or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used”.

Pub. L. 97–60, § 111(a)1981—Subsec. (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).

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

Pub. L. 97–60, § 111(c)Subsec. (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).

Pub. L. 96–579, § 3(a)section 301c(a)(5) of this title1980—Subsec. (a)(2). , redesignated cl. (4) as (2) and struck out former cl. (2) defining “hazardous duty” as including submarine duty. See .

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).

Pub. L. 96–579, § 3(a)section 301c(a)(5) of this titleSubsec. (a)(3). , 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 .

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

Pub. L. 96–579, § 3(b)Subsec. (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).

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

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

Pub. L. 93–294, § 2(1)1974—Subsec. (a)(1). , substituted “an enlisted crew member” for “a crew member”.

Pub. L. 93–294, § 2(2)section 301a of this titleSubsec. (g). , 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 .

Pub. L. 92–4361972—Subsec. (a)(2)(A). 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.

Pub. L. 89–7181966—Subsec. (a)(2). 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.

Pub. L. 89–2781965—Subsec. (a)(2). 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”.

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

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

Pub. L. 88–132, § 61963—Subsec. (a)(2). , 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”.

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

Pub. L. 88–132, § 8Subsec. (e). , 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, 2003117 Stat. 1502

section 301(a) of title 37October 1, 2003“Paragraph (12) of , United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after .”

, , , provided that:

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, § 615(c)Dec. 28, 2001115 Stat. 1136

section 301(a) of title 37January 1, 2002“Paragraph (11) of , United States Code, as added by subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after .”

, , , provided that:

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, § 614(b)Oct. 17, 1998112 Stat. 2040

October 1, 1998“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.”

, , , provided that:

Effective Date of 1991 Amendment

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

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title XIII, § 1342(h)(1)Nov. 14, 1986100 Stat. 3992

section 302 of this titleOctober 1, 1986Nov. 14, 1986“The amendments made by subsections (a) through (d) [amending this section and and provisions set out as notes under sections 302b and 403 of this title] shall take effect on , or the date of the enactment of this Act [], whichever is later.”

, , , provided that:

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, § 635(b)Nov. 8, 198599 Stat. 648

October 1, 1985“The amendments made by this section [amending this section] shall take effect on .”

, , , provided that:

Pub. L. 99–145, title VI, § 647(b)Nov. 8, 198599 Stat. 655

September 30, 1985“The amendments made by subsection (a) [amending this section] shall apply to payments of incentive pay for hazardous duty performed after .”

, , , provided that:

Effective Date of 1983 Amendment

Pub. L. 98–94, title IX, § 903(b)Sept. 24, 198397 Stat. 635

October 1, 1983“The amendment made by subsection (a) [amending this section] shall take effect on .”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, § 111(d)Oct. 14, 198195 Stat. 994

October 1, 1981“The amendments made by this section [amending this section] shall take effect as of .”

, , , provided that:

Effective Date of 1980 Amendment

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

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

Pub. L. 96–343, § 2(c)Sept. 8, 198094 Stat. 1124

“The amendments made by this section [amending this section] shall be effective with respect to incentive pay payable for months after August 1980.”

, , , provided that:

Effective Date of 1974 Amendment

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

Effective Date of 1963 Amendment

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

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, § 614Dec. 22, 2023137 Stat. 292

“(a)

Authorization .—

January 1, 2024Beginning on , 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)

December 31, 2023 in effect on ; and

“(2)

of, for an eligible member—

“(A)

section 204 of title 37 pay under , United States Code; or

“(B)

section 206 of title 37 compensation under , 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 .—

December 31, 2024No bonus may be paid under this section after .

“(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.”

, , , provided that:

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, § 620Oct. 28, 2009123 Stat. 2357

“(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 .—

October 1, 2009June 30, 2011A 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 , and ending on , 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.”

, , , provided that:

Transitional Provisions

Pub. L. 110–181, div. A, title VI, § 662Jan. 28, 2008122 Stat. 180

“(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 .—

Jan. 28, 2008Not later than one year after the date of the enactment of this Act [], 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 .—

Jan. 28, 2008During a transition period of not more than 10 years beginning on the date of the enactment of this Act [], 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 YearObligations 2008 .—

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.”

, , , provided that:

Retention Incentives Initiative for Critically Short Military Occupational Specialties

Pub. L. 105–261, div. A, title VI, § 622Oct. 17, 1998112 Stat. 2042

“(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 .—

October 1, 1997For 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 .

“(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)

December 1, 1998 Not later than , 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)

April 15, 1999 Not later than , 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.”

, , , provided that:

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, 198498 Stat. 2542

Oct. 19, 1984“A member of the uniformed services who is entitled on the day before the date of the enactment of this Act [] 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.”

, , , provided that:

Executive Documents

Executive Order No. 10152

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

Executive Order No. 11157

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

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

section 301 of title 3By 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 , 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.

SecJune 22, 1964August 17, 1974. 2. Executive Order 11157 of , as amended, and Executive Order 11800 of , 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.