37 U.S.C. § 301a
| Years of aviation service (including flight training) as an officer: | Monthly rate |
| 2 or less | $125 |
| Over 2 | $156 |
| Over 3 | $188 |
| Over 4 | $206 |
| Over 6 | $650 |
| Over 14 | $840 |
| Over 22 | $585 |
| Over 23 | $495 |
| Over 24 | $385 |
| Over 25 | $250 |
37 U.S.C. § 301a
EDITORIAL NOTES
AMENDMENTS2018-Subsec. (a)(6)(D). Pub. L. 115-232 substituted "section 8411 of title 10" for "section 6911 of title 10".2006-Subsec. (f). Pub. L. 109-364 struck out subsec. (f), which required the Secretary of Defense to submit annually to Congress a report specifying for the year covered by the report the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum operational flying duty requirements, the number of those officers who continued to receive continuous monthly incentive pay and the extent to which they failed to perform those requirements, and the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified. 2004-Subsec. (b)(4). Pub. L. 108-375 substituted "section 301(a)(13)" for "section 301(a)(11)". 2002-Subsec. (a)(3). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". 1999-Subsec. (b)(4). Pub. L. 106-65 added par. (4).1998-Subsec. (a)(4). Pub. L. 105-261, §615(c)(1)(A), substituted "22 years of aviation service of the officer" for "22 years of the officer's service as an officer" and "25 years of aviation service" for "25 years of service as an officer (as computed under section 205 of this title)".Subsec. (a)(6). Pub. L. 105-261, §615(a)(1), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively.Subsec. (b). Pub. L. 105-261, §615(d), repealed section 615 of Pub. L. 105-85. See 1997 Amendment note below. Pub. L. 105-261, §615(b), amended subsec. (b) generally, substituting pars. (1) to (3) for former pars. (1) and (2).Subsec. (d). Pub. L. 105-261, §615(c)(1)(B), substituted "subsection (b) for the performance of that duty by a member with corresponding years of aviation service" for "subsection (b)(1) or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,". 1997-Subsec. (b)(1). Pub. L. 105-85, §615(b), substituted "22 years" for "18 years" in two places in provisions after phase II table. Pub. L. 105-85, §615(a), which directed amendment by inserting at the end of phase I of the table the following:
| "Over 14 | 840"; |
| "Phase II | |
| "Years of service as an officer: | "Monthly rate |
| "Over 22 | 585 |
| "Over 23 | 495 |
| "Over 24 | 385 |
| "Over 25 | 250", |
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232 set out as a note preceding section 3001 of Title 10, Armed Forces.
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296 set out as a note under section 101 of Title 10, Armed Forces.
EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-65, div. A, title VI, §614(b), Oct. 5, 1999, 113 Stat. 651, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on or after that date."
EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105-85, div. A, title VI, §615(c), Nov. 18, 1997, 111 Stat. 1787, which provided that the amendments made by section 615(a) of Pub. L. 105-85 to this section were to take effect on Jan. 1, 1999, and were to apply with respect to months beginning on or after that date, was repealed by Pub. L. 105-261, div. A, title VI, §615(d), Oct. 17, 1998, 112 Stat. 2041.
EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103-35, title II, §204(c), May 31, 1993, 107 Stat. 102, provided that the amendment made by that section is effective Nov. 29, 1989.
EFFECTIVE DATE OF 1989 AMENDMENT; TRANSITION Pub. L. 101-189, div. A, title VI, §631(e), (f), Nov. 29, 1989, 103 Stat. 1450, provided that:"(e) EFFECTIVE DATE.-(1) Except as provided in paragraph (2), the amendments made- "(A) by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1989]; and "(B) by subsections (a), (b), and (d) [amending this section] shall take effect on October 1, 1991."(2) The Secretary of a military department may delay, subject to the approval of the Secretary of Defense, the implementation of the amendments made by subsection (c) with respect to the department of that Secretary until such time as the Secretary concerned determines that implementation of those amendments is necessary to meet the needs of that department."(3) If the Secretary of a military department delays under paragraph (2) the implementation of the amendments made by subsection (c) beyond October 1, 1991, the Secretary may also delay implementation of the amendments made by subsections (a), (b), and (d) until the date on which the Secretary implements the amendments made by subsection (c). During the delay in implementation, the provisions of section 301a of title 37, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply in the case of such department to the payment of aviation career incentive pay under such section."(f) TRANSITION.-(1) An officer of a uniformed service who, as of the date the amendments made by subsections (a), (b), and (d) take effect with regard to the officer's uniformed service- "(A) has completed years of aviation service in an amount equal to one of the number of years of aviation service specified in column 1 of the following table; and"(B) has performed, or subsequently performs, the prescribed operational flying duties (including flight training but excluding proficiency flying) during the number of years of aviation service specified in column 2 of such table and corresponding to the number of years of aviation service applicable to the officer under column 1, shall be entitled to continuous monthly incentive pay at the rates provided in section 301a(b) of title 37, United States Code (as amended by this section)[,] until the officer completes the years of service as an officer specified in column 3 of such table and applicable to the officer.
| "TABLE | ||
| COLUMN 1 | COLUMN 2 | COLUMN 3 |
| Number of years of aviation service | Number of years performing operational flying duty | Entitlement to continuous monthly incentive pay through the following year of officer service |
| 6 or more | At least 6 of the first 12 years of aviation service | 18 |
| 6 or more | At least 9 but less than 11 of the first 18 years of aviation service | 22 |
| 6 or more | At least 6 of the first 12 and at least 11 of the first 18 years of aviation service | 25 |
| At least 6 but less than 12 | Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service | 18 |
| At least 12 but less than 18 | Less than 9 and subsequently completes 9 of the first 18 years of aviation service | 22 |
| At least 12 but less than 18 | Less than 11 and subsequently completes 11 of the first 18 years of aviation service | 25 |
EFFECTIVE DATE OF 1986 AMENDMENTPub. L. 99-661, div. A, title VI, §632(b), Nov. 14, 1986, 100 Stat. 3883, provided that: "The amendments made by subsection (a) [amending this section] shall apply only with respect to those members of the Armed Forces who are aviation cadets on or after the date of the enactment of this Act [Nov. 14, 1986]. Service as an aviation cadet before that date shall not be counted for any purpose under section 301a of title 37, United States Code."
EFFECTIVE DATE OF 1981 AMENDMENTPub. L. 97-60, title I, §112(c), Oct. 14, 1981, 95 Stat. 995, 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. 96-513 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.
EFFECTIVE DATE Pub. L. 93-294, §6, May 31, 1974, 88 Stat. 180, provided that: "This Act [enacting this section, amending section 301 of this title, and enacting provisions set out as notes under this section] becomes effective on the first day of the first month after enactment [May 31, 1974]."
MONTHLY INCENTIVE PAY FOR CERTAIN OFFICERS ENTITLED TO INCENTIVE PAY UNDER SECTION 301(A)(1) OF THIS TITLE ON MAY 31, 1973 Pub. L. 93-294, §4, May 31, 1974, 88 Stat. 179, provided that: "Notwithstanding the amendments made by this Act [enacting this section and amending section 301 of this title], an officer who was entitled to incentive pay under section 301(a)(1) of title 37, United States Code, on May 31, 1973, or on the day before the effective date of this Act [June 1, 1974], if otherwise qualified on the day before the effective date of this Act, is entitled to monthly incentive pay as prescribed in either clause (1) or (2) of this section, as follows:"(1) If he is credited with 6 or less years of aviation service as an officer, and with less than 12 years of service as an officer, he is entitled to monthly incentive pay either-"(A) in the amount he was receiving under section 301(b) of that title on May 31, 1973, or on the day before the effective date of this Act [June 1, 1974], but with no entitlement after either of those dates, as applicable, to any longevity pay increases or increases resulting from promotion to a higher grade until such time as the rate to which he is entitled under section 301a(b) of that title, as added by this Act, is equal to or greater than the amount he was receiving under that section on May 31, 1973, or on the day before the effective date of this Act, and thereafter his entitlement is as prescribed by that section as added by this Act; or "(B) at the rate prescribed by section 301a(b) of that title, as added by this Act;whichever is greater. However, an officer who is promoted and assigned to pay grade O-7 or above during the 36-month period following the effective date of this Act [June 1, 1974] may not receive more than the rate which existed for that pay grade, as appropriate, prior to June 1, 1973."(2) If he is credited with more than 6 years of aviation service as an officer, or less than 6 years of aviation service but more than 12 years of service as an officer, he may receive monthly incentive pay at the rate prescribed in the table in section 301a(b) of title 37, United States Code, as added by this Act, that is applicable to him, or $165, whichever is greater, for not more than 36 months after the effective date of this Act [June 1, 1974], notwithstanding the provisions of section 301a(a) of that title, as added by this Act, with respect to prescribed operational flying duties (including flight training but excluding proficiency flying). However, under this clause, an officer who is assigned to the pay grade O-7 on the effective date of this Act, or is promoted to the pay grade O-7 during the 36-month period following the effective date of this Act, may not receive more than $160 per month while assigned to that grade.The amount to which a reserve officer who is entitled to compensation under section 206 of title 37, United States Code, is entitled under this section is governed by the provisions of section 301a(d) of that title, as added by this Act."
ANNUAL REPORT BY DEPARTMENT OF DEFENSE Pub. L. 93-294, §5, May 31, 1974, 88 Stat. 180, provided that: "A yearly report containing such data as necessary to monitor the progress of this bill [Pub. L. 93-294] shall be made by the Department of Defense in cooperation with the Senate and House Armed Services Committees and released publicly."
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONSFor delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.
EXECUTIVE ORDER NO. 11800Ex. Ord. No. 11800, Aug. 17, 1974, 39 F.R. 30103, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286, §58, Feb. 28, 2003, 68 F.R. 10629, which delegated authority vested in President by this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security with respect to Coast Guard when not operating as part of Navy, was revoked by Ex. Ord. No. 13294, §2, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.