Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
301(a) 301(b) 301(c) | 37:235(a). 37:235(b). 37:235(c). | Feb. 18, 1946, ch. 30 (1st proviso under “General Provision”), 60 Stat. 20. |
301(d) 301(e) 301(f)
301(g) | 37:235(d). 37:235(e). 37:301(d). 37:301(e) (as applicable to incentive pay). 37:118a–1. | Oct. 12, 1949, ch. 681, §§ 204, 501(d), (e) (as applicable to incentive pay), 63 Stat. 809, 826, 827; Mar. 31, 1955, ch. 20, § 2(4)–(7), 69 Stat. 19–21; Aug. 28, 1957, Pub. L. 85–208, 71 Stat. 484; May 20, 1958, Pub. L. 85–422, § 1(6), 72 Stat. 124; June 30, 1960, Pub. L. 86–559, § 8, 74 Stat. 282; July 12, 1960, Pub. L. 86–635, 74 Stat. 469; Aug. 17, 1961, Pub. L. 87–145, §§ 2, 3, 75 Stat. 382. |
In subsection (a), the words “is also entitled” are substituted for the words “shall, in addition thereto, be entitled”. The words “For the purposes of this subsection” are inserted for clarity. The word “competent” is omitted as surplusage.
In subsection (b), the words preceding the tables are substituted for section 235(b) (words preceding tables) of existing title 37. The words “Years of service computed under section 205” are inserted in the tables for clarity.
In subsection (f), the words “a member of a reserve component of a uniformed service, or of the National Guard” are substituted for the enumeration of the organizations concerned in section 301(d) of existing title 37. The words “when . . . performs, under orders, any duty described in subsection (a)(1)–(11) for members entitled to basic pay” are substituted for the words “when required by competent orders to perform any hazardous duty prescribed by or pursuant to section 235 of this title for members of the uniformed services entitled to receive basic pay and when in consequence of such orders they do perform any hazardous duty so prescribed”. The last sentence is substituted for section 301(e) (as applicable to (d)) of existing title 37.
In subsection (g), the words “entitled to incentive pay under section 301(a)(1) of this title” are substituted for the words “flight pay”. At the time of the enactment of the source statute, additional pay was authorized as “flight pay”. However, the Career Compensation Act of 1949 did not authorize “flight pay” but provided incentive pay in section 204(a)(1) [now section 301(a)(1) of this revised title] for “duty as a crew member . . . involving frequent and regular participation in aerial flight”. The words “before January 2 of each year” are substituted for the words “On or before January 1, annually”. The word “grade” is substituted for the word “rank” to conform to the definition in section 101(15) of this revised title.
2006—Subsec. (f)(2)(C). Pub. L. 109–364 struck out comma after “the term”.
2004—Subsecs. (d), (e). Pub. L. 108–375 designated existing provisions of subsec. (d) as par. (1) of subsec. (d), redesignated former subsec. (e) as par. (2) of subsec. (d), and added subsec. (e).
2003—Subsec. (a)(2). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.
Subsec. (a)(11) to (13). Pub. L. 108–136, § 615(a), struck out “or” at end of par. (11), added par. (12), and redesignated former par. (12) as (13).
Subsec. (b). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions.
Subsec. (c)(1). Pub. L. 108–136, § 615(c)(2), substituted “paragraphs” for “clauses”.
Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.
Pub. L. 108–136, § 615(b)(1), substituted “(12)” for “(11)”.
Subsec. (c)(2)(A). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” in introductory provisions.
Pub. L. 108–136, § 615(b)(2), substituted “(13)” for “(12)” in introductory provisions.
Subsec. (f)(2)(A). Pub. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause” after “same”.
2001—Subsec. (a)(11), (12). Pub. L. 107–107, § 615(a), added par. (11) and redesignated former par. (11) as (12).
Subsec. (c)(1). Pub. L. 107–107, § 615(b)(1), substituted “(11) of subsection (a)” for “(10) of subsection (a)”.
Subsec. (c)(2)(A). Pub. L. 107–107, § 615(b)(2), substituted “(12) of subsection (a)” for “(11) of subsection (a)”.
1998—Subsec. (b). Pub. L. 105–261 in table substituted “165” for “150” as monthly rate for pay grade E–4, “190” for “150” as monthly rate for pay grade E–5, “215” for “175” as monthly rate for pay grade E–6, and “240” for “200” as monthly rate for pay grades E–7 to E–9.
1997—Subsec. (b). Pub. L. 105–85, § 614(a)(2), in table substituted “150” for “125” as monthly rate for pay grades O–1, W–1, and E–4.
Pub. L. 105–85, § 614(a)(1), in table substituted “150” for “110” as monthly rate for pay grades O–7 to O–10 and E–1 to E–3.
Subsec. (c)(1). Pub. L. 105–85, § 614(c), substituted “$150” for “$110” and “$225” for “$165”.
Subsec. (c)(2)(A). Pub. L. 105–85, § 614(b), in table substituted “150” for “100” in first column for pay grade W–1, “150” for “110” in last column for pay grade O–7 and above, and “150” for “125” in first column for pay grades O–1 to O–3, E–4 and below, and E–5, in second column for pay grade W–1, and in fourteenth and fifteenth columns for pay grade E–4 and below.
1996—Subsec. (a)(11). Pub. L. 104–106, § 615(a), substituted “a member” for “an officer (other than a warrant officer)”.
Subsec. (c)(2)(A). Pub. L. 104–106, § 615(c)(1), substituted “a member” for “an officer” in provisions before table.
Pub. L. 104–106, § 615(b), amended table generally, adding provisions relating to pay grades W–1 through W–4 and E–4 and below through E–9.
Subsec. (c)(2)(B). Pub. L. 104–106, § 615(c), substituted “a member” for “an officer” and substituted “the member” for “the officer” in two places.
1991—Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.
Subsec. (b). Pub. L. 102–190, § 1111(d)(1), in table inserted provisions relating to pay grade of W–5, compensable at monthly rate of $250, below item relating to pay grade O–1.
Subsec. (c)(1). Pub. L. 102–190, § 614, substituted “in military free fall operations involving parachute deployment by the jumper without the use of a static line” for “at a high altitude with a low opening”.
1987—Subsec. (a). Pub. L. 100–26, § 8(e)(2)(A), substituted “In this subsection, the term” for “For the purposes of this subsection,”.
Subsec. (b). Pub. L. 100–26, § 8(d)(1), which directed that subsec. (b) be amended by substituting “Monthly Rate” for “Monthly rate” wherever appearing, could not be executed, because in the one place where the words appear, both words were already capitalized.
Subsec. (f)(2)(C). Pub. L. 100–26, § 8(e)(2)(B), substituted “paragraph, the term” for “paragraph”.
1986—Subsec. (a)(1). Pub. L. 99–661 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “as a crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;”.
1985—Subsec. (a)(1). Pub. L. 99–145, § 635(a)(1)(A), substituted “a crew member” for “an enlisted crew member”.
Subsec. (a)(10). Pub. L. 99–145, § 635(a)(1)(B), in amending cl. (10) generally, designated existing provisions as cls. (A) and (B) and added cl. (C).
Subsec. (b). Pub. L. 99–145, § 635(a)(2), amended table generally, striking out differentiation in pay rates based upon years of service and reflect an upward adjustment in the monthly incentive pay with respect to pay grades E–9 through E–1, and inserted provisions relating to monthly incentive pay for pay grades O–10 through O–1 and W–4 through W–1, respectively.
Subsec. (c)(1). Pub. L. 99–145, § 1303(b)(2), directed the substitution of “(10),” for “(10),,”. See amendment note below.
Pub. L. 99–145, § 635(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “For the performance of the hazardous duty described in clause (2), (3), (4), (5), (6), (7), (8), (9), or (10),, of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $83 a month.”
Subsec. (f). Pub. L. 99–145, § 647(a), designated existing provisions as par. (1), inserted “for the entire month” after “section 204 of this title”, and added par. (2).
1984—Subsec. (a)(3). Pub. L. 98–525, § 624(a)(1), redesignated cl. (4) as (3). Former cl. (3), relating to duty involving frequent and regular participation in glider flights, was struck out.
Subsec. (a)(4). Pub. L. 98–525, § 624(a)(1), redesignated cl. (6) as (4). Former cl. (4) redesignated (3).
Subsec. (a)(5). Pub. L. 98–525, § 624(a)(1), redesignated cl. (7) as (5). Former cl. (5), relating to duty involving intimate contact with persons afflicted with leprosy, was struck out.
Subsec. (a)(6) to (13). Pub. L. 98–525, § 624(a)(1), redesignated cls. (8) to (13) as (6) to (11), respectively.
Subsec. (c)(1). Pub. L. 98–525, § 624(a)(2), substituted “or (10),” for “(10), (11), or (12)”.
Subsec. (c)(2). Pub. L. 98–525, § 624(a)(3), substituted “(11)” for “(13)”.
1983—Subsec. (a)(12). Pub. L. 98–94 inserted “or the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used”.
1981—Subsec. (a). Pub. L. 97–60, § 111(a), inserted reference in cl. (10) to a ship other than an aircraft carrier from which aircraft are launched, and added cls. (11) to (13).
Subsec. (b). Pub. L. 97–60, § 111(b), amended table to reflect an upward adjustment in the monthly incentive pay.
Subsec. (c). Pub. L. 97–60, § 111(c), designated existing provisions as par. (1), inserted reference to cls. (11) and (12) of subsec. (a) of this section and substituted “$83” for “$55”, and added par. (2).
1980—Subsec. (a)(2). Pub. L. 96–579, § 3(a), redesignated cl. (4) as (2) and struck out former cl. (2) defining “hazardous duty” as including submarine duty. See section 301c(a)(5) of this title.
Pub. L. 96–513, § 516(5)(A), (B), in subcl. (B) substituted reference to subcl. (A) for reference to cl. (A), and in subcl. (B) substituted reference to subcl. (B) for reference to cl. (B).
Subsec. (a)(3). Pub. L. 96–579, § 3(a), redesignated cl. (5) as (3) and struck out former cl. (3) defining “hazardous duty” as including duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles. See section 301c(a)(5) of this title.
Subsec. (a)(4) to (12). Pub. L. 96–579, § 3(a), redesignated cls. (4) to (12) as (2) to (10), respectively.
Subsec. (b). Pub. L. 96–579, § 3(b), struck out par. (1) designation for provision relating to monthly flight incentive pay for enlisted members and struck out par. (2) relating to monthly incentive pay for commissioned officers, warrant officers, and enlisted members for hazardous duty as crew member involving frequent and regular participation in aerial flight, submarine duty, and duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles, now reflected as to enlisted members in currently upgraded scale in subsec. (b) table and covered in section 301c(b) table reflecting currently upgraded scale for submarine duty by enlisted members, commissioned officers, and warrant officers.
Pub. L. 96–343 redesignated existing provision as par. (2), substituted “(2) or (3)” for “(1), (2), or (3)”, and added par. (1).
Subsec. (c). Pub. L. 96–579, § 3(c), inserted references to cls. (2) and (3) and struck out references to cls. (11) and (12) of subsec. (a) of this section.
Subsec. (f). Pub. L. 96–513, § 516(5)(C), substituted reference to subsection (a) for reference to subsection (a)(1)–(12).
1974—Subsec. (a)(1). Pub. L. 93–294, § 2(1), substituted “an enlisted crew member” for “a crew member”.
Subsec. (g). Pub. L. 93–294, § 2(2), repealed subsec. (g) which required the Secretary of each military department to report to Congress before January 2 each year the number of officers of the Army, Navy, or Air Force, as the case may be, above the grade of major or lieutenant commander, by grade and age group, who were entitled to incentive pay under subsec. (a)(1) of this section. See section 301a of this title.
1972—Subsec. (a)(2)(A). Pub. L. 92–436 included in the hazardous duty for incentive pay of a member of a submarine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incentive pay, to satisfy of underway time requirements for the current month.
1966—Subsec. (a)(2). Pub. L. 89–718 made only style changes by capitalizing letter designations for cls. “A”, “B”, and “C” and by setting off text following cl. C through the device of moving the margin to the left of the margin for the clauses.
1965—Subsec. (a)(2). Pub. L. 89–278 included duty as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations for certain specified periods within term “hazardous duty”.
Subsec. (a)(12). Pub. L. 89–149, § 1, added cl. (12).
Subsecs. (c), (f). Pub. L. 89–149, §§ 2, 3, inserted reference to cl. (12) of subsec. (a).
1963—Subsec. (a)(2). Pub. L. 88–132, § 6, substituted “as determined by the Secretary concerned, on a submarine (including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto), or, in the case of personnel qualified in submarines, as a prospective crew-member of a submarine being constructed, and during periods of instruction to prepare for assignment to a submarine of advanced design or a position of increased responsibility on a submarine” for “on board a submarine, including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto as determined by the Secretary concerned, and including submarines under construction from the time builders’ trials begin”.
Subsec. (a)(9). Pub. L. 88–132, § 7, substituted “inside a high- or low-pressure chamber” for “as a low-pressure chamber inside observer”.
Subsec. (e). Pub. L. 88–132, § 8, substituted “not more than two payments” for “only one payment”.
Pub. L. 108–136, div. A, title VI, § 615(d),
Pub. L. 107–107, div. A, title VI, § 615(c),
Pub. L. 105–261, div. A, title VI, § 614(b),
Amendment by section 1111(d)(1) of Pub. L. 102–190 effective
Pub. L. 99–661, div. A, title XIII, § 1342(h)(1),
Pub. L. 99–145, title VI, § 635(b),
Pub. L. 99–145, title VI, § 647(b),
Pub. L. 98–94, title IX, § 903(b),
Pub. L. 97–60, title I, § 111(d),
Amendment by Pub. L. 96–579 effective
Amendment by Pub. L. 96–513 effective
Pub. L. 96–343, § 2(c),
Amendment by Pub. L. 93–294 effective
Amendment by Pub. L. 88–132 effective
Pub. L. 118–31, div. A, title VI, § 614, “(a) Beginning on “(b) Each bonus payment under this section shall be in an amount equal to a percentage, determined by the Secretary concerned, of the rate—“(1) in effect on “(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) 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) No bonus may be paid under this section after “(e) 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.”
Pub. L. 111–84, div. A, title VI, § 620, “(a) 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) 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 “(c) The amount of monthly special pay payable to a member under this section for a month may not exceed $500.“(d) Monthly special pay payable to a member under this section is in addition to any other amounts payable to the member by law.”
Pub. L. 110–181, div. A, title VI, § 662, “(a) “(1) 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) Not later than one year after the date of the enactment of this Act [“(b) During a transition period of not more than 10 years beginning on the date of the enactment of this Act [“(c) 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) 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) 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.”
Pub. L. 105–261, div. A, title VI, § 622, “(a) 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) For the purposes of this section, a military occupational specialty is a critically short military occupational specialty for an Armed Force if the number of members retained in that Armed Force in fiscal year 1998 for service in that specialty is less than 50 percent of the number of members of that Armed Force that were projected to be retained in that Armed Force for service in the specialty by the Secretary of the military department concerned as of “(c) 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) 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) (1) Not later than “(2) Not later than
Pub. L. 98–525, title VI, § 624(b),
Ex. Ord. No. 10152,
Ex. Ord. No. 11157,
Ex. Ord. No. 13294,
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: