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

Page 31 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301 1969—Pub. L. 91–20, § 1(2), June 3, 1969, 83 Stat. 13, added item 312. 1967—Pub. L. 90–207, § 1(2)(B), Dec. 16, 1967, 81 Stat. 651, added item 311. 1963—Pub. L. 88–132, §§ 9(a)(2), 12(c), Oct. 2, 1963, 77 Stat. 216, 218, substituted ‘‘while on sea duty or duty at certain places’’ for ‘‘sea and foreign duty’’ in item 305, and added item 310. SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES § 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 incen- tive 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) involving frequent and regular participa- tion in aerial flight as a crew member, as de- termined by the Secretary concerned, except for a member who is entitled to incentive pay under section 301a of this title; (2) involving frequent and regular participa- tion in aerial flight, not as a crew member under paragraph (1); (3) involving parachute jumping as an essen- tial 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 participa- tion 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 labora- tory 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 oper- ations; (12) involving use of ski-equipped aircraft on the ground in Antarctica or on the Arctic ice- pack; or (13) involving frequent and regular participa- tion in aerial flight by a member who is serv- ing as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system air- craft (as designated by such Secretary) and who is not entitled to incentive pay under sec- tion 301a of this title. (b) For the performance of hazardous duty de- scribed in paragraph (1) of subsection (a), a member is entitled to monthly incentive pay as follows: Pay Grade Monthly Rate O–10 ............................................... $150 O–9 ................................................ 150 O–8 ................................................ 150 O–7 ................................................ 150 O–6 ................................................ 250 O–5 ................................................ 250 O–4 ................................................ 225 O–3 ................................................ 175 O–2 ................................................ 150 O–1 ................................................ 150 W–5 ................................................ 250 W–4 ................................................ 250 W–3 ................................................ 175 W–2 ................................................ 150 W–1 ................................................ 150 E–9 ................................................ 240 E–8 ................................................ 240 E–7 ................................................ 240 E–6 ................................................ 215 E–5 ................................................ 190 E–4 ................................................ 165 E–3 ................................................ 150 E–2 ................................................ 150 E–1 ................................................ 150 (c)(1) For the performance of hazardous duty described in paragraphs (2) through (12) of sub- section (a), a member is entitled to $150 a month. However, a member performing haz- ardous 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 deploy- ment by the jumper without the use of a static line is entitled to $225 a month. (2)(A) For the performance of hazardous duty described in paragraph (13) of subsection (a), a member is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows: Pay grade Years of service as an air weapons controller 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 Page 32 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301 Pay grade Years of service as an air weapons controller 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 Over 12 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 (B) For purposes of this paragraph, the years of service of a member as an air weapons con- troller shall be computed, under regulations pre- scribed 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 sus- pend the payment of incentive pay for any haz- ardous 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 en- titled 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 partici- pation as a firefighting crew member, as deter- mined by the Secretary concerned. (f)(1) Under regulations prescribed by the President and to the extent provided for by ap- propriations, when a member of a reserve com- ponent of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, under orders, any duty described in subsection (a) for mem- bers entitled to basic pay, he is entitled to an increase in compensation equal to 1⁄30 of the monthly incentive pay authorized by subsection (b) or (c), as the case may be, for the perform- ance 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, in- cluding that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty, or appropriate du- ties, as the Secretary may prescribe under sec- tion 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title for the entire month. (2)(A) If in any calendar month a member per- forms duty as described in paragraph (1) and while entitled to basic pay also performs haz- ardous 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 stand- ard 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 com- pensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c) for the performance of that hazardous duty by a mem- ber of corresponding grade who is entitled to basic pay for the entire month. (B) A member who qualifies for entitlement under this paragraph is entitled to the increase for each day in the relevant month in which he is entitled to basic pay pursuant to section 204 of this title or to compensation under section 206 of this title. (C) In this paragraph, the term ‘‘units’’ means the significant increments of performance pre- scribed as qualifying standards in regulations promulgated by the President pursuant to this section. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–132, §§ 6–8, Oct. 2, 1963, 77 Stat. 215, 216; Pub. L. 89–149, §§ 1–3, Aug. 28, 1965, 79 Stat. 585; Pub. L. 89–278, Oct. 20, 1965, 79 Stat. 1011; Pub. L. 89–718, § 52, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–436, title VI, § 605, Sept. 26, 1972, 86 Stat. 740; Pub. L. 93–294, § 2(1), (2), May 31, 1974, 88 Stat. 177; Pub. L. 96–343, § 2(a), Sept. 8, 1980, 94 Stat. 1123; Pub. L. 96–513, title V, § 516(5), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 3(a)–(c), Dec. 23, 1980, 94 Stat. 3360; Pub. L. 97–60, title I, § 111(a)–(c), Oct. 14, 1981, 95 Stat. 992, 993; Pub. L. 98–94, title IX, § 903(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 98–525, title VI, § 624(a), Oct. 19, 1984, 98 Stat. 2542; Pub. L. 99–145, title VI, §§ 635(a), 647(a), title XIII, § 1303(b)(2), Nov. 8, 1985, 99 Stat. 647, 655, 740; Pub. L. 99–661, div. A, title XIII, § 1342(a), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 100–26, § 8(d)(1), (e)(2), Apr. 21, 1987, 101 Stat. 285, 286; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, § 614, title XI, § 1111(d)(1), Dec. 5, 1991, 105 Stat. 1377, 1492; Pub. L. 104–106, div. A, title VI, § 615, Feb. 10, 1996, 110 Stat. 361; Pub. L. 105–85, div. A, title VI, § 614, Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, § 614(a), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 107–107, div. A, title VI, § 615(a), (b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 108–136, div. A, title VI, § 615(a)–(c), Nov. 24, 2003, 117 Stat. 1502; Pub. L. 108–375, div. A, title VI, § 615, Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109–364, div. A, title X, § 1071(c)(2), Oct. 17, 2006, 120 Stat. 2400.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 301(a) ...... 301(b) ...... 301(c) ...... 37:235(a). 37:235(b). 37:235(c). Feb. 18, 1946, ch. 30 (1st proviso under ‘‘General Provision’’), 60 Stat. 20. 301(d) ...... 301(e) ...... 301(f) ....... 301(g) ...... 37:235(d). 37:235(e). 37:301(d). 37:301(e) (as applicable to incentive pay). 37:118a–1. Oct. 12, 1949, ch. 681, §§ 204, 501(d), (e) (as ap- plicable 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. Page 33 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301 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 sub- section’’ are inserted for clarity. The word ‘‘com- petent’’ 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 com- puted under section 205’’ are inserted in the tables for clarity. In subsection (f), the words ‘‘a member of a reserve component of a uniformed service, or of the National Guard’’ are substituted for the enumeration of the or- ganizations 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 en- titled to basic pay’’ are substituted for the words ‘‘when required by competent orders to perform any hazardous duty prescribed by or pursuant to section 235 of this title for members of the uniformed services enti- tled to receive basic pay and when in consequence of such orders they do perform any hazardous duty so pre- scribed’’. The last sentence is substituted for section 301(e) (as applicable to (d)) of existing title 37. In subsection (g), the words ‘‘entitled to incentive pay under section 301(a)(1) of this title’’ are substituted for the words ‘‘flight pay’’. At the time of the enact- ment of the source statute, additional pay was author- ized 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, an- nually’’. 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 2006—Subsec. (f)(2)(C). Pub. L. 109–364 struck out comma after ‘‘the term’’. 2004—Subsecs. (d), (e). Pub. L. 108–375 designated ex- isting provisions of subsec. (d) as par. (1) of subsec. (d), redesignated former subsec. (e) as par. (2) of subsec. (d), and added subsec. (e). 2003—Subsec. (a)(2). Pub. L. 108–136, § 615(c)(1), sub- stituted ‘‘paragraph’’ for ‘‘clause’’. Subsec. (a)(11) to (13). Pub. L. 108–136, § 615(a), struck out ‘‘or’’ at end of par. (11), added par. (12), and redesig- nated former par. (12) as (13). Subsec. (b). Pub. L. 108–136, § 615(c)(1), substituted ‘‘paragraph’’ for ‘‘clause’’ in introductory provisions. Subsec. (c)(1). Pub. L. 108–136, § 615(c)(2), substituted ‘‘paragraphs’’ for ‘‘clauses’’. Pub. L. 108–136, § 615(c)(1), substituted ‘‘paragraph’’ for ‘‘clause’’. Pub. L. 108–136, § 615(b)(1), substituted ‘‘(12)’’ for ‘‘(11)’’. Subsec. (c)(2)(A). Pub. L. 108–136, § 615(c)(1), sub- stituted ‘‘paragraph’’ for ‘‘clause’’ in introductory pro- visions. Pub. L. 108–136, § 615(b)(2), substituted ‘‘(13)’’ for ‘‘(12)’’ in introductory provisions. Subsec. (f)(2)(A). Pub. L. 108–136, § 615(c)(1), sub- stituted ‘‘paragraph’’ for ‘‘clause’’ after ‘‘same’’. 2001—Subsec. (a)(11), (12). Pub. L. 107–107, § 615(a), added par. (11) and redesignated former par. (11) as (12). Subsec. (c)(1). Pub. L. 107–107, § 615(b)(1), substituted ‘‘(11) of subsection (a)’’ for ‘‘(10) of subsection (a)’’. Subsec. (c)(2)(A). Pub. L. 107–107, § 615(b)(2), sub- stituted ‘‘(12) of subsection (a)’’ for ‘‘(11) of subsection (a)’’. 1998—Subsec. (b). Pub. L. 105–261 in table substituted ‘‘165’’ for ‘‘150’’ as monthly rate for pay grade E–4, ‘‘190’’ for ‘‘150’’ as monthly rate for pay grade E–5, ‘‘215’’ for ‘‘175’’ as monthly rate for pay grade E–6, and ‘‘240’’ for ‘‘200’’ as monthly rate for pay grades E–7 to E–9. 1997—Subsec. (b). Pub. L. 105–85, § 614(a)(2), in table substituted ‘‘150’’ for ‘‘125’’ as monthly rate for pay grades O–1, W–1, and E–4. Pub. L. 105–85, § 614(a)(1), in table substituted ‘‘150’’ for ‘‘110’’ as monthly rate for pay grades O–7 to O–10 and E–1 to E–3. Subsec. (c)(1). Pub. L. 105–85, § 614(c), substituted ‘‘$150’’ for ‘‘$110’’ and ‘‘$225’’ for ‘‘$165’’. Subsec. (c)(2)(A). Pub. L. 105–85, § 614(b), in table sub- stituted ‘‘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 fif- teenth columns for pay grade E–4 and below. 1996—Subsec. (a)(11). Pub. L. 104–106, § 615(a), sub- stituted ‘‘a member’’ for ‘‘an officer (other than a war- rant officer)’’. Subsec. (c)(2)(A). Pub. L. 104–106, § 615(c)(1), sub- stituted ‘‘a member’’ for ‘‘an officer’’ in provisions be- fore table. Pub. L. 104–106, § 615(b), amended table generally, add- ing provisions relating to pay grades W–1 through W–4 and E–4 and below through E–9. Subsec. (c)(2)(B). Pub. L. 104–106, § 615(c), substituted ‘‘a member’’ for ‘‘an officer’’ and substituted ‘‘the member’’ for ‘‘the officer’’ in two places. 1991—Pub. L. 102–25 struck out ‘‘of this section’’ and ‘‘of this subsection’’ wherever appearing. Subsec. (b). Pub. L. 102–190, § 1111(d)(1), in table in- serted provisions relating to pay grade of W–5, compen- sable at monthly rate of $250, below item relating to pay grade O–1. Subsec. (c)(1). Pub. L. 102–190, § 614, substituted ‘‘in military free fall operations involving parachute de- ployment by the jumper without the use of a static line’’ for ‘‘at a high altitude with a low opening’’. 1987—Subsec. (a). Pub. L. 100–26, § 8(e)(2)(A), sub- stituted ‘‘In this subsection, the term’’ for ‘‘For the purposes of this subsection,’’. Subsec. (b). Pub. L. 100–26, § 8(d)(1), which directed that subsec. (b) be amended by substituting ‘‘Monthly Rate’’ for ‘‘Monthly rate’’ wherever appearing, could not be executed, because in the one place where the words appear, both words were already capitalized. Subsec. (f)(2)(C). Pub. L. 100–26, § 8(e)(2)(B), sub- stituted ‘‘paragraph, the term’’ for ‘‘paragraph’’. 1986—Subsec. (a)(1). Pub. L. 99–661 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘as a crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;’’. 1985—Subsec. (a)(1). Pub. L. 99–145, § 635(a)(1)(A), sub- stituted ‘‘a crew member’’ for ‘‘an enlisted crew mem- ber’’. Subsec. (a)(10). Pub. L. 99–145, § 635(a)(1)(B), in amend- ing cl. (10) generally, designated existing provisions as cls. (A) and (B) and added cl. (C). Subsec. (b). Pub. L. 99–145, § 635(a)(2), amended table generally, striking out differentiation in pay rates based upon years of service and reflect an upward ad- justment in the monthly incentive pay with respect to pay grades E–9 through E–1, and inserted provisions re- lating to monthly incentive pay for pay grades O–10 through O–1 and W–4 through W–1, respectively. Subsec. (c)(1). Pub. L. 99–145, § 1303(b)(2), directed the substitution of ‘‘(10),’’ for ‘‘(10),,’’. See amendment note below. Pub. L. 99–145, § 635(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘For the performance of the hazardous duty described in clause (2), (3), (4), (5), (6), (7), (8), (9), or (10),, of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $83 a month.’’ Subsec. (f). Pub. L. 99–145, § 647(a), designated existing provisions as par. (1), inserted ‘‘for the entire month’’ after ‘‘section 204 of this title’’, and added par. (2). Page 34 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301 1984—Subsec. (a)(3). Pub. L. 98–525, § 624(a)(1), redesig- nated cl. (4) as (3). Former cl. (3), relating to duty in- volving frequent and regular participation in glider flights, was struck out. Subsec. (a)(4). Pub. L. 98–525, § 624(a)(1), redesignated cl. (6) as (4). Former cl. (4) redesignated (3). Subsec. (a)(5). Pub. L. 98–525, § 624(a)(1), redesignated cl. (7) as (5). Former cl. (5), relating to duty involving intimate contact with persons afflicted with leprosy, was struck out. Subsec. (a)(6) to (13). Pub. L. 98–525, § 624(a)(1), redes- ignated cls. (8) to (13) as (6) to (11), respectively. Subsec. (c)(1). Pub. L. 98–525, § 624(a)(2), substituted ‘‘or (10),’’ for ‘‘(10), (11), or (12)’’. Subsec. (c)(2). Pub. L. 98–525, § 624(a)(3), substituted ‘‘(11)’’ for ‘‘(13)’’. 1983—Subsec. (a)(12). Pub. L. 98–94 inserted ‘‘or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or pro- pellants are used’’. 1981—Subsec. (a). Pub. L. 97–60, § 111(a), inserted ref- erence in cl. (10) to a ship other than an aircraft carrier from which aircraft are launched, and added cls. (11) to (13). Subsec. (b). Pub. L. 97–60, § 111(b), amended table to reflect an upward adjustment in the monthly incentive pay. Subsec. (c). Pub. L. 97–60, § 111(c), designated existing provisions as par. (1), inserted reference to cls. (11) and (12) of subsec. (a) of this section and substituted ‘‘$83’’ for ‘‘$55’’, and added par. (2). 1980—Subsec. (a)(2). Pub. L. 96–579, § 3(a), redesignated cl. (4) as (2) and struck out former cl. (2) defining ‘‘haz- ardous duty’’ as including submarine duty. See section 301c(a)(5) of this title. Pub. L. 96–513, § 516(5)(A), (B), in subcl. (B) substituted reference to subcl. (A) for reference to cl. (A), and in subcl. (B) substituted reference to subcl. (B) for ref- erence to cl. (B). Subsec. (a)(3). Pub. L. 96–579, § 3(a), redesignated cl. (5) as (3) and struck out former cl. (3) defining ‘‘haz- ardous duty’’ as including duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles. See section 301c(a)(5) of this title. Subsec. (a)(4) to (12). Pub. L. 96–579, § 3(a), redesig- nated cls. (4) to (12) as (2) to (10), respectively. Subsec. (b). Pub. L. 96–579, § 3(b), struck out par. (1) designation for provision relating to monthly flight in- centive 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 oper- ational, self-propelled submersible, including undersea exploration and research vehicles, now reflected as to enlisted members in currently upgraded scale in sub- sec. (b) table and covered in section 301c(b) table re- flecting currently upgraded scale for submarine duty by enlisted members, commissioned officers, and war- rant officers. Pub. L. 96–343 redesignated existing provision as par. (2), substituted ‘‘(2) or (3)’’ for ‘‘(1), (2), or (3)’’, and added par. (1). Subsec. (c). Pub. L. 96–579, § 3(c), inserted references to cls. (2) and (3) and struck out references to cls. (11) and (12) of subsec. (a) of this section. Subsec. (f). Pub. L. 96–513, § 516(5)(C), substituted ref- erence to subsection (a) for reference to subsection (a)(1)–(12). 1974—Subsec. (a)(1). Pub. L. 93–294, § 2(1), substituted ‘‘an enlisted crew member’’ for ‘‘a crew member’’. Subsec. (g). Pub. L. 93–294, § 2(2), repealed subsec. (g) which required the Secretary of each military depart- ment 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 lieuten- ant commander, by grade and age group, who were enti- tled to incentive pay under subsec. (a)(1) of this sec- tion. See section 301a of this title. 1972—Subsec. (a)(2)(A). Pub. L. 92–436 included in the hazardous duty for incentive pay of a member of a sub- marine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incen- tive pay, to satisfy of underway time requirements for the current month. 1966—Subsec. (a)(2). Pub. L. 89–718 made only style changes by capitalizing letter designations for cls. ‘‘A’’, ‘‘B’’, and ‘‘C’’ and by setting off text following cl. C through the device of moving the margin to the left of the margin for the clauses. 1965—Subsec. (a)(2). Pub. L. 89–278 included duty as a member of a submarine operational command staff whose duties require serving on a submarine during un- derway operations for certain specified periods within term ‘‘hazardous duty’’. Subsec. (a)(12). Pub. L. 89–149, § 1, added cl. (12). Subsecs. (c), (f). Pub. L. 89–149, §§ 2, 3, inserted ref- erence to cl. (12) of subsec. (a). 1963—Subsec. (a)(2). Pub. L. 88–132, § 6, substituted ‘‘as determined by the Secretary concerned, on a sub- marine (including, in the case of nuclear-powered sub- marines, periods of training and rehabilitation after as- signment thereto), or, in the case of personnel qualified in submarines, as a prospective crew-member of a sub- marine being constructed, and during periods of in- struction to prepare for assignment to a submarine of advanced design or a position of increased responsi- bility on a submarine’’ for ‘‘on board a submarine, in- cluding, in the case of nuclear-powered submarines, pe- riods of training and rehabilitation after assignment thereto as determined by the Secretary concerned, and including submarines under construction from the time builders’ trials begin’’. Subsec. (a)(9). Pub. L. 88–132, § 7, substituted ‘‘inside a high- or low-pressure chamber’’ for ‘‘as a low-pressure chamber inside observer’’. Subsec. (e). Pub. L. 88–132, § 8, substituted ‘‘not more than two payments’’ for ‘‘only one payment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title VI, § 615(d), Nov. 24, 2003, 117 Stat. 1502, provided that: ‘‘Paragraph (12) of section 301(a) of title 37, United States Code, as added by sub- section (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title VI, § 615(c), Dec. 28, 2001, 115 Stat. 1136, provided that: ‘‘Paragraph (11) of section 301(a) of title 37, United States Code, as added by sub- section (a)(3), shall apply to duty described in such paragraph that is performed on or after January 1, 2002.’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title VI, § 614(b), Oct. 17, 1998, 112 Stat. 2040, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1998, and shall apply with respect to months beginning on or after that date.’’ EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 1111(d)(1) of Pub. L. 102–190 ef- fective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. A, title XIII, § 1342(h)(1), Nov. 14, 1986, 100 Stat. 3992, provided that: ‘‘The amendments Page 35 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301 made by subsections (a) through (d) [amending this sec- tion and section 302 of this title and provisions set out as notes under sections 302b and 403 of this title] shall take effect on October 1, 1986, or the date of the enact- ment of this Act [Nov. 14, 1986], whichever is later.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 635(b), Nov. 8, 1985, 99 Stat. 648, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall take effect on Octo- ber 1, 1985.’’ Pub. L. 99–145, title VI, § 647(b), Nov. 8, 1985, 99 Stat. 655, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to pay- ments of incentive pay for hazardous duty performed after September 30, 1985.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title IX, § 903(b), Sept. 24, 1983, 97 Stat. 635, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 1983.’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–60, title I, § 111(d), Oct. 14, 1981, 95 Stat. 994, provided that: ‘‘The amendments made by this section [amending this section] shall take effect as of October 1, 1981.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–579 effective Jan. 1, 1981, see section 3(g) of Pub. L. 96–579, set out as an Effective Date note under section 301c of this title. Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. Pub. L. 96–343, § 2(c), Sept. 8, 1980, 94 Stat. 1124, pro- vided that: ‘‘The amendments made by this section [amending this section] shall be effective with respect to incentive pay payable for months after August 1980.’’ EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–294 effective June 1, 1974, see section 6 of Pub. L. 93–294, set out as an Effective Date note under section 301a of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title. AUTHORIZATION OF MONTHLY BONUS PAY FOR A JUNIOR MEMBER OF THE UNIFORMED SERVICES DURING CAL- ENDAR YEAR 2024 Pub. L. 118–31, div. A, title VI, § 614, Dec. 22, 2023, 137 Stat. 292, provided that: ‘‘(a) AUTHORIZATION.—Beginning on January 1, 2024, if the Secretary concerned determines that prevailing economic conditions may adversely affect an eligible member, the Secretary concerned may pay a monthly bonus to each eligible member. ‘‘(b) AMOUNT OF PAY.—Each bonus payment under this section shall be in an amount equal to a percent- age, determined by the Secretary concerned, of the rate— ‘‘(1) in effect on December 31, 2023; and ‘‘(2) of, for an eligible member— ‘‘(A) pay under section 204 of title 37, United States Code; or ‘‘(B) compensation under section 206 of title 37, United States Code. ‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— Bonus pay paid to an eligible member under this sec- tion is in addition to any other pay and allowances to which the eligible member is entitled. ‘‘(d) TERMINATION.—No bonus may be paid under this section after December 31, 2024. ‘‘(e) ELIGIBLE MEMBER DEFINED.—In this section, the term ‘eligible member’ means a member of the uni- formed services who— ‘‘(1) is entitled to pay or compensation described in subsection (b)(2); and ‘‘(2) is in a grade below E-6.’’ TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR MEMBERS OF THE ARMED FORCES SUBJECT TO CONTINUING ACTIVE DUTY OR SERVICE UNDER STOP- LOSS AUTHORITIES Pub. L. 111–84, div. A, title VI, § 620, Oct. 28, 2009, 123 Stat. 2357, provided that: ‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary of the military department concerned may pay monthly spe- cial pay to any member of the Army, Navy, Air Force, or Marine Corps (including a member of a reserve com- ponent 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 re- tirement from the Armed Forces suspended, as de- scribed in subsection (b). ‘‘(b) ELIGIBILITY REQUIREMENTS.—A member of the Armed Forces referred to in subsection (a) is eligible to receive special pay under this section if the member, at any time during the period beginning on October 1, 2009, and ending on June 30, 2011, serves on active duty while the member’s enlistment or period of obligated service is extended, or has the member’s eligibility for retirement suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (commonly referred to as a ‘stop-loss authority’) that authorizes the President to extend an enlistment or period of obligated service, or suspend eligibility for retirement, of a member of the Armed Forces in time of war or national emergency declared by Congress or the President. ‘‘(c) AMOUNT.—The amount of monthly special pay payable to a member under this section for a month may not exceed $500. ‘‘(d) CONSTRUCTION WITH OTHER PAYS.—Monthly spe- cial pay payable to a member under this section is in addition to any other amounts payable to the member by law.’’ TRANSITIONAL PROVISIONS Pub. L. 110–181, div. A, title VI, § 662, Jan. 28, 2008, 122 Stat. 180, provided that: ‘‘(a) IMPLEMENTATION PLAN.— ‘‘(1) DEVELOPMENT.—The Secretary of Defense shall develop a plan to implement subchapters II and III of chapter 5 of title 37, United States Code, as added by section 661(a), and to correspondingly transition all of the special and incentive pay programs for mem- bers of the uniformed services solely to provisions of such subchapters. ‘‘(2) SUBMISSION.—Not later than one year after the date of the enactment of this Act [Jan. 28, 2008], the Secretary shall submit the implementation plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. ‘‘(b) TRANSITION PERIOD.—During a transition period of not more than 10 years beginning on the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense, the Secretary of a military department, and the Secretaries referred to in subsection (d) may con- tinue to use the authorities in provisions in subchapter I of chapter 5 of title 37, United States Code, as des- ignated by section 661(a), but subject to the terms of such provisions and such modifications as the Sec- retary 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 AUTHORI- TIES.—Not less than 30 days before the date on which a special pay or bonus authority provided under sub- chapter II of chapter 5 of title 37, United States Code, Page 36 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301 as added by section 661(a), is first utilized, the Sec- retary of Defense shall submit to the congressional de- fense committees a notice of the implementation of the authority, including whether, as a result of implemen- tation 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 re- spect to the Coast Guard; ‘‘(2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and ‘‘(3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. ‘‘(e) NO EFFECT ON FISCAL YEAR 2008 OBLIGATIONS.— During fiscal year 2008, obligations incurred under sub- chapters I, II, and III of chapter 5 of title 37, United States Code, as amended by section 661, to provide bo- nuses, incentive pays, special pays, and similar pay- ments to members of the uniformed services under such subchapters may not exceed the obligations that would be incurred in the absence of the amendments made by such section.’’ RETENTION INCENTIVES INITIATIVE FOR CRITICALLY SHORT MILITARY OCCUPATIONAL SPECIALTIES Pub. L. 105–261, div. A, title VI, § 622, Oct. 17, 1998, 112 Stat. 2042, provided that: ‘‘(a) REQUIREMENT FOR NEW INCENTIVES.—The Sec- retary of Defense shall establish and provide for mem- bers of the Armed Forces qualified in critically short military occupational specialties a series of new incen- tives that the Secretary considers potentially effective for increasing the rates at which those members are re- tained in the Armed Forces for service in such special- ties. ‘‘(b) CRITICALLY SHORT MILITARY OCCUPATIONAL SPE- CIALTIES.—For the purposes of this section, a military occupational specialty is a critically short military oc- cupational 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 mili- tary department concerned as of October 1, 1997. ‘‘(c) INCENTIVES.—It is the sense of Congress that, among the new incentives established and provided under this section, the Secretary of Defense should in- clude the following incentives: ‘‘(1) Family support and leave allowances. ‘‘(2) Increased special reenlistment or retention bo- nuses. ‘‘(3) Repayment of educational loans. ‘‘(4) Priority of selection for assignment to pre- ferred 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 spe- cial pay or other benefit that is authorized under any other provision of law. ‘‘(e) REPORTS.—(1) Not later than December 1, 1998, the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that identifies, for each of the Armed Forces, the critically short military occupational specialties to which incentives under this section are to apply. ‘‘(2) Not later than April 15, 1999, the Secretary of De- fense shall submit to the congressional defense com- mittees a report that specifies, for each of the Armed Forces, the incentives that are to be provided under this section.’’ PERSONS ENTITLED TO RECEIVE INCENTIVE PAY FOR DUTY INVOLVING CONTACT WITH PERSONS AFFLICTED WITH LEPROSY Pub. L. 98–525, title VI, § 624(b), Oct. 19, 1984, 98 Stat. 2542, provided that: ‘‘A member of the uniformed serv- ices who is entitled on the day before the date of the enactment of this Act [Oct. 19, 1984] to receive incen- tive pay under section 301(a)(5) [subsec. (a)(5) of this section] (for the performance of duty involving inti- mate 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 con- tinues (without a break) to be assigned to perform such duties on and after that day.’’ Executive Documents EXECUTIVE ORDER NO. 10152 Ex. Ord. No. 10152, Aug. 17, 1950, 15 F.R. 5489, as amended by Ex. Ord. No. 10618, July 1, 1955, 20 F.R. 4671; Ex. Ord. No. 10681, Oct. 24, 1956, 21 F.R. 8129; Ex. Ord. No. 10739, Nov. 19, 1957, 22 F.R. 9205; Ex. Ord. No. 10892, Nov. 10, 1960, 25 F.R. 10731; Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631, which concerned regulations relating to incentive pay for performance of hazardous duty, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out below. EXECUTIVE ORDER NO. 11157 Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, as amended by Ex. Ord. No. 11242, Aug. 28, 1965, 30 F.R. 11205; Ex. Ord. No. 11253, Oct. 20, 1965, 30 F.R. 13509; Ex. Ord. No. 11259, Dec. 3, 1965, 30 F.R. 15057; Ex. Ord. No. 11292, Aug. 1, 1966, 31 F.R. 10447; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 11424, Aug. 29, 1968, 33 F.R. 12361; Ex. Ord. No. 11473, June 14, 1969, 34 F.R. 9485; Ex. Ord. No. 11511, Feb. 27, 1970, 35 F.R. 3877; Ex. Ord. No. 11591, Apr. 23, 1971, 36 F.R. 7833; Ex. Ord. No. 11716, Apr. 26, 1973, 38 F.R. 10621; Ex. Ord. No. 11728, July 12, 1973, 38 F.R. 18861; Ex. Ord. No. 11897, Jan. 13, 1976, 41 F.R. 2071; Ex. Ord. No. 11929, July 26, 1976, 41 F.R. 31159; Ex. Ord. No. 11939, Sept. 30, 1976, 41 F.R. 43705; Ex. Ord. No. 12094, Nov. 1, 1978, 43 F.R. 51379; Ex. Ord. No. 12243, Oct. 3, 1980, 45 F.R. 66439; Ex. Ord. No. 12274, Jan. 16, 1981, 46 F.R. 5855; Ex. Ord. No. 12337, Jan. 11, 1982, 47 F.R. 1367, eff. Sept. 15, 1981; Ex. Ord. No. 12380, Aug. 18, 1982, 47 F.R. 36605, eff. Jan. 1, 1981; Ex. Ord. No. 12394, Nov. 18, 1982, 47 F.R. 52405, eff. Oct. 1, 1981; Ex. Ord. No. 12420, May 11, 1983, 48 F.R. 21525, eff. Oct. 1, 1981; Ex. Ord. No. 12488, Sept. 27, 1984, 49 F.R. 38525, eff. Oct. 1, 1983; Ex. Ord. No. 12494, Dec. 6, 1984, 49 F.R. 48175; Ex. Ord. No. 12541, Dec. 30, 1985, 51 F.R. 585, eff. Jan. 1, 1986; Ex. Ord. No. 12573, Nov. 6, 1986, 51 F.R. 40954, eff. in part Oct. 1, 1985; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12762, June 4, 1991, 56 F.R. 25993; Ex. Ord. No. 12935, Oct. 28, 1994, 59 F.R. 54511, which related to regulations regarding incentive pay for hazardous duty, special pay for sea duty and duty at certain other locations, and basic allowances for subsistence and quarters, was revoked by Ex. Ord. No. 13294, § 2, Mar. 28, 2003, 68 F.R. 15919, set out below. EX. ORD. NO. 13294. REGULATIONS RELATING TO HAZ- ARDOUS DUTY INCENTIVE PAY, AVIATION CAREER INCEN- TIVE PAY, AND SUBMARINE DUTY INCENTIVE PAY Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 301, 301a, and 301c of title 37, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. The Secretary of Defense, the Secretary of Commerce, the Secretary of Health and Human Serv- Page 37 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301a ices, and the Secretary of Homeland Security with re- spect 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, with- out approval, ratification, or other action by the Presi- dent, 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 simi- larly situated members of the uniformed services un- less the needs of their respective uniformed services re- quire differing treatment. SEC. 2. Executive Order 11157 of June 22, 1964, as amended, and Executive Order 11800 of August 17, 1974, as amended, are hereby revoked. SEC. 3. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or any other person. GEORGE W. BUSH. § 301a. Incentive pay: aviation career (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 avia- tion career incentive pay in the amount set forth in subsection (b) for the frequent and reg- ular performance of operational or proficiency flying duty required by orders. (2) Aviation career incentive pay shall be re- stricted to regular and reserve officers who hold, or are in training leading to, an aeronautical rating or designation and who engage and re- main in aviation service on a career basis. (3) Under regulations prescribed by the Sec- retary 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 quali- fied for aviation service under regulations pre- scribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) that is appli- cable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is quali- fied for aviation service under regulations pre- scribed by the Secretary concerned, is not enti- tled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) for the fre- quent and regular performance of operational flying duty. (4) To be entitled to continuous monthly in- centive pay, an officer must perform the pre- scribed 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 ex- cluding 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 in- centive pay under subsection (b)(1) for the per- formance of operational flying duty. (5) If upon completion of either 12 or 18 years of aviation service it is determined that an offi- cer has failed to perform the minimum pre- scribed operational flying duty requirements during the prescribed periods of time, his enti- tlement to continuous monthly incentive pay ceases. For the needs of the service, the Sec- retary concerned may permit, on a case by case basis, an officer to continue to receive contin- uous monthly incentive pay despite the failure of the officer to perform the prescribed oper- ational flying duty requirements during the pre- scribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service. The Secretary con- cerned may not delegate the authority in the preceding sentence to permit the payment of in- centive pay under this subsection. If at the com- pletion of 12 years of aviation service entitle- ment to continuous monthly incentive pay ceases, entitlement to that pay may again com- mence at the completion of 18 years of aviation service upon completion of the minimum oper- ational flying duty requirements, such pay to continue for a period of time as prescribed in ac- cordance with this section. However, if entitle- ment to continuous monthly incentive pay ceases in the case of any officer at the comple- tion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incen- tive pay for the performance of subsequent oper- ational or proficiency flying duties up to the maximum period of time prescribed in accord- ance with this section. (6) In this section: (A) The term ‘‘aviation service’’ means serv- ice 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 or- ders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the perform- ance 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 or- ders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the per- formance of assigned duties. (D) The term ‘‘officer’’ includes an indi- vidual enlisted, and designated, as an aviation cadet under section 8411 of title 10. (b)(1) A member who satisfies the require- ments described in subsection (a) is entitled to monthly incentive pay as follows: