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 (span), the words preceding the tables are substituted for section 235(span) (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). Puspan. L. 109–364 struck out comma after “the term”.

2004—Subsecs. (d), (e). Puspan. 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). Puspan. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.

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

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

Subsec. (c)(1). Puspan. L. 108–136, § 615(c)(2), substituted “paragraphs” for “clauses”.

Puspan. L. 108–136, § 615(c)(1), substituted “paragraph” for “clause”.

Puspan. L. 108–136, § 615(span)(1), substituted “(12)” for “(11)”.

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

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

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

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

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

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

1998—Subsec. (span). Puspan. 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. (span). Puspan. 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.

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

Subsec. (c)(2)(A). Puspan. L. 105–85, § 614(span), 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). Puspan. L. 104–106, § 615(a), substituted “a member” for “an officer (other than a warrant officer)”.

Subsec. (c)(2)(A). Puspan. L. 104–106, § 615(c)(1), substituted “a member” for “an officer” in provisions before table.

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

1991—Puspan. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.

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

Subsec. (span). Puspan. L. 100–26, § 8(d)(1), which directed that subsec. (span) 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). Puspan. L. 100–26, § 8(e)(2)(B), substituted “paragraph, the term” for “paragraph”.

1986—Subsec. (a)(1). Puspan. 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). Puspan. L. 99–145, § 635(a)(1)(A), substituted “a crew member” for “an enlisted crew member”.

Subsec. (a)(10). Puspan. 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. (span). Puspan. 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). Puspan. L. 99–145, § 1303(span)(2), directed the substitution of “(10),” for “(10),,”. See amendment note below.

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

Subsec. (a)(5). Puspan. 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). Puspan. L. 98–525, § 624(a)(1), redesignated cls. (8) to (13) as (6) to (11), respectively.

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

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

1983—Subsec. (a)(12). Puspan. 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). Puspan. 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. (span). Puspan. L. 97–60, § 111(span), amended table to reflect an upward adjustment in the monthly incentive pay.

Subsec. (c). Puspan. 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). Puspan. 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.

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

Subsec. (span). Puspan. L. 96–579, § 3(span), 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. (span) table and covered in section 301c(span) table reflecting currently upgraded scale for submarine duty by enlisted members, commissioned officers, and warrant officers.

Puspan. L. 96–343 redesignated existing provision as par. (2), substituted “(2) or (3)” for “(1), (2), or (3)”, and added par. (1).

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

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

Subsec. (g). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 89–149, § 1, added cl. (12).

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

1963—Subsec. (a)(2). Puspan. 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). Puspan. L. 88–132, § 7, substituted “inside a high- or low-pressure chamber” for “as a low-pressure chamber inside observer”.

Subsec. (e). Puspan. L. 88–132, § 8, substituted “not more than two payments” for “only one payment”.

Puspan. 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 subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after October 1, 2003.”

Puspan. 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 subsection (a)(3), shall apply to duty described in such paragraph that is performed on or after January 1, 2002.”

Puspan. L. 105–261, div. A, title VI, § 614(span), 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.”

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

Puspan. L. 99–661, div. A, title XIII, § 1342(h)(1), Nov. 14, 1986, 100 Stat. 3992, provided that: “The amendments made by subsections (a) through (d) [amending this section and section 302 of this title and provisions set out as notes under sections 302span and 403 of this title] shall take effect on October 1, 1986, or the date of the enactment of this Act [Nov. 14, 1986], whichever is later.”

Puspan. L. 99–145, title VI, § 635(span), Nov. 8, 1985, 99 Stat. 648, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 1985.”

Puspan. L. 99–145, title VI, § 647(span), Nov. 8, 1985, 99 Stat. 655, provided that: “The amendments made by subsection (a) [amending this section] shall apply to payments of incentive pay for hazardous duty performed after September 30, 1985.”

Puspan. L. 98–94, title IX, § 903(span), Sept. 24, 1983, 97 Stat. 635, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1983.”

Puspan. 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.”

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

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

Puspan. L. 96–343, § 2(c), Sept. 8, 1980, 94 Stat. 1124, provided that: “The amendments made by this section [amending this section] shall be effective with respect to incentive pay payable for months after August 1980.”

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

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

Puspan. L. 118–31, div. A, title VI, § 614, Dec. 22, 2023, 137 Stat. 292, provided that:

Puspan. L. 111–84, div. A, title VI, § 620, Oct. 28, 2009, 123 Stat. 2357, provided that:

Puspan. L. 110–181, div. A, title VI, § 662, Jan. 28, 2008, 122 Stat. 180, provided that:

Puspan. L. 105–261, div. A, title VI, § 622, Oct. 17, 1998, 112 Stat. 2042, provided that:

Puspan. L. 98–525, title VI, § 624(span), Oct. 19, 1984, 98 Stat. 2542, provided that: “A member of the uniformed services who is entitled on the day before the date of the enactment of this Act [Oct. 19, 1984] 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.”

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.

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, Fespan. 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, Mar. 28, 2003, 68 F.R. 15919, provided:

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 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.

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.