§ 301. — Incentive pay: hazardous duty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC301]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 301. Incentive pay: hazardous duty
(a) Subject to regulations prescribed by the President, a member of
a uniformed service who is entitled to basic pay is also entitled to
incentive pay, in the amount set forth in subsection (b) or (c), for the
performance of hazardous duty required by orders. In this subsection,
the term ``hazardous duty'' means duty--
(1) involving frequent and regular participation in aerial
flight as a crew member, as determined by the Secretary concerned,
except for a member who is entitled to incentive pay under section
301a of this title;
(2) involving frequent and regular participation in aerial
flight, not as a crew member under clause (1);
(3) involving parachute jumping as an essential part of military
duty;
(4) involving the demolition of explosives as a primary duty,
including training for that duty;
(5) inside a high- or low-pressure chamber;
(6) as a human acceleration or deceleration experimental
subject;
(7) as a human test subject in thermal stress experiments;
(8) involving frequent and regular participation in flight
operations on the flight deck of an aircraft carrier or of a ship
other than an aircraft carrier from which aircraft are launched;
(9) involving frequent and regular exposure to highly toxic
pesticides or involving laboratory work that utilizes live dangerous
viruses or bacteria;
(10) involving (A) the servicing of aircraft or missiles with
highly toxic fuels or propellants, (B) the testing of aircraft or
missile systems (or components of such systems) during which highly
toxic fuels or propellants are used, or (C) the handling of chemical
munitions (or components of such munitions);
(11) involving regular participation as a member of a team
conducting visit, board, search, and seizure operations aboard
vessels in support of maritime interdiction operations; or
(12) involving frequent and regular participation in aerial
flight by a member who is serving as an air weapons controller crew
member (as defined by the Secretary concerned) aboard an airborne
warning and control system aircraft (as designated by such
Secretary) and who is not entitled to incentive pay under section
301a of this title.
(b) For the performance of hazardous duty described in clause (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 clauses
(2) through (11) of subsection (a), a member is entitled to $150 a
month. However, a member performing hazardous duty described in clause
(3) of that subsection who also performs as an essential part of such
duty parachute jumping in military free fall operations involving
parachute deployment by the jumper without the use of a static line is
entitled to $225 a month.
(2)(A) For the performance of hazardous duty described in clause
(12) of subsection (a), a member is entitled to monthly incentive pay
based upon his years of service as an air weapons controller as follows:
----------------------------------------------------------------------------------------------------------------
Years of service as an air weapons controller
---------------------------------------------------------------
Pay grade 2 or Over Over
less Over 2 Over 3 Over 4 Over 6 Over 8 10 12
----------------------------------------------------------------------------------------------------------------
O-7 and above................................... $200 $200 $200 $200 $200 $200 $200 $200
O-6............................................. 225 250 300 325 350 350 350 350
O-5............................................. 200 250 300 325 350 350 350 350
O-4............................................. 175 225 275 300 350 350 350 350
O-3............................................. 150 156 188 206 350 350 350 350
O-2............................................. 150 156 188 206 250 300 300 300
O-1............................................. 150 156 188 206 250 250 250 250
W-4............................................. 200 225 275 300 325 325 325 325
W-3............................................. 175 225 275 300 325 325 325 325
W-2............................................. 150 200 250 275 325 325 325 325
W-1............................................. 150 150 150 175 325 325 325 325
E-9............................................. 200 225 250 275 300 300 300 300
E-8............................................. 200 225 250 275 300 300 300 300
E-7............................................. 175 200 225 250 275 275 275 300
E-6............................................. 156 175 200 225 250 250 250 300
E-5............................................. 150 156 175 188 200 200 200 250
E-4 and below................................... 150 156 175 188 200 200 200 200
---------------------------------------------------------------
Over Over Over Over Over Over Over
14 16 18 20 22 24 25
---------------------------------------------------------------
O-7 and above................................... $200 $200 $200 $200 $200 $200 $150
O-6............................................. 350 350 350 300 250 250 225
O-5............................................. 350 350 350 300 250 250 225
O-4............................................. 350 350 350 300 250 250 225
O-3............................................. 350 350 300 275 250 225 200
O-2............................................. 300 300 275 245 210 200 180
O-1............................................. 250 250 245 210 200 180 150
W-4............................................. 325 325 325 276 250 225 200
W-3............................................. 325 325 325 325 250 225 200
W-2............................................. 325 325 325 275 250 225 200
W-1............................................. 325 325 325 275 250 225 200
E-9............................................. 300 300 300 275 230 200 200
E-8............................................. 300 300 300 265 230 200 200
E-7............................................. 300 300 300 265 230 200 200
E-6............................................. 300 300 300 265 230 200 200
E-5............................................. 250 250 250 225 200 175 150
E-4 and below................................... 200 200 200 175 150 150 150
----------------------------------------------------------------------------------------------------------------
(B) For purposes of this paragraph, the years of service of a member
as an air weapons controller shall be computed, under regulations
prescribed by the Secretary concerned, from the date the member begins
training leading to a designation as an air weapons controller, but
there shall be excluded from such computation any period of more than 90
days during which the member performs primary duties other than as an
air weapons controller.
(d) In time of war, the President may suspend the payment of
incentive pay for any hazardous duty described in subsection (a).
(e) 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.
(f)(1) Under regulations prescribed by the President and to the
extent provided for by appropriations, when a member of a reserve
component of a uniformed service, or of the National Guard, who is
entitled to compensation under section 206 of this title, performs,
under orders, any duty described in subsection (a) for members entitled
to basic pay, he is entitled to an increase in compensation equal to \1/
30\ of the monthly incentive pay authorized by subsection (b) or (c), as
the case may be, for the performance of that hazardous duty by a member
of a corresponding grade who is entitled to basic pay. He is entitled to
the increase for as long as he is qualified for it, for each regular
period of instruction, or period of appropriate duty, at which he is
engaged for at least two hours, including that performed on a Sunday or
holiday, or for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may prescribe
under section 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 performs duty as described
in paragraph (1) and while entitled to basic pay also performs hazardous
duty as described in the same clause of subsection (a) as constitutes
the predicate for his entitlement under paragraph (1), the earned units
of measuring entitlement for incentive pay under this section shall be
combined. If the sum of units determined under the preceding sentence
equals or exceeds the minimum standard prescribed by the President for
entitlement to pay specified under subsections (b) and (c) for a member
of corresponding grade who is entitled to basic pay for the entire
relevant month, the member shall be entitled to an increase in
compensation equal to 1/30 of the monthly incentive pay authorized by
subsection (b) or (c) for the performance of that hazardous duty by a
member of corresponding grade who is entitled to basic pay for the
entire month.
(B) 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,\1\ ``units'' means the significant
increments of performance prescribed as qualifying standards in
regulations promulgated by the President pursuant to this section.
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\1\ So in original. The comma probably should not appear.
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(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88-132, Secs. 6-8,
Oct. 2, 1963, 77 Stat. 215, 216; Pub. L. 89-149, Secs. 1-3, Aug. 28,
1965, 79 Stat. 585; Pub. L. 89-278, Oct. 20, 1965, 79 Stat. 1011; Pub.
L. 89-718, Sec. 52, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92-436, title
VI, Sec. 605, Sept. 26, 1972, 86 Stat. 740; Pub. L. 93-294, Sec. 2(1),
(2), May 31, 1974, 88 Stat. 177; Pub. L. 96-343, Sec. 2(a), Sept. 8,
1980, 94 Stat. 1123; Pub. L. 96-513, title V, Sec. 516(5), Dec. 12,
1980, 94 Stat. 2938; Pub. L. 96-579, Sec. 3(a)-(c), Dec. 23, 1980, 94
Stat. 3360; Pub. L. 97-60, title I, Sec. 111(a)-(c), Oct. 14, 1981, 95
Stat. 992, 993; Pub. L. 98-94, title IX, Sec. 903(a), Sept. 24, 1983, 97
Stat. 635; Pub. L. 98-525, title VI, Sec. 624(a), Oct. 19, 1984, 98
Stat. 2542; Pub. L. 99-145, title VI, Secs. 635(a), 647(a), title XIII,
Sec. 1303(b)(2), Nov. 8, 1985, 99 Stat. 647, 655, 740; Pub. L. 99-661,
div. A, title XIII, Sec. 1342(a), Nov. 14, 1986, 100 Stat. 3991; Pub. L.
100-26, Sec. 8(d)(1), (e)(2), Apr. 21, 1987, 101 Stat. 285, 286; Pub. L.
102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat.
117; Pub. L. 102-190, div. A, title VI, Sec. 614, title XI,
Sec. 1111(d)(1), Dec. 5, 1991, 105 Stat. 1377, 1492; Pub. L. 104-106,
div. A, title VI, Sec. 615, Feb. 10, 1996, 110 Stat. 361; Pub. L. 105-
85, div. A, title VI, Sec. 614, Nov. 18, 1997, 111 Stat. 1786; Pub. L.
105-261, div. A, title VI, Sec. 614(a), Oct. 17, 1998, 112 Stat. 2039;
Pub. L. 107-107, div. A, title VI, Sec. 615(a), (b), Dec. 28, 2001, 115
Stat. 1136.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
301(a)................................ 37:235(a). Feb. 18, 1946, ch. 30 (1st proviso
301(b)................................ 37:235(b). under ``General Provision''), 60
301(c)................................ 37:235(c). Stat. 20.
301(d)................................ 37:235(d). Oct. 12, 1949, ch. 681, Secs. 204,
301(e)................................ 37:235(e). 501(d), (e) (as applicable to
301(f)................................ 37:301(d). incentive pay), 63 Stat. 809, 826,
37:301(e) (as applicable to 827; Mar. 31, 1955, ch. 20, Sec.
incentive pay). 2(4)-(7), 69 Stat. 19-21; Aug. 28,
301(g)................................ 37:118a-1. 1957, Pub. L. 85-208, 71 Stat.
484; May 20, 1958, Pub. L. 85-422,
Sec. 1(6), 72 Stat. 124; June 30,
1960, Pub. L. 86-559, Sec. 8, 74
Stat. 282; July 12, 1960, Pub. L.
86-635, 74 Stat. 469; Aug. 17,
1961, Pub. L. 87-145, Secs. 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.
Amendments
2001--Subsec. (a)(11), (12). Pub. L. 107-107, Sec. 615(a), added
par. (11) and redesignated former par. (11) as (12).
Subsec. (c)(1). Pub. L. 107-107, Sec. 615(b)(1), substituted ``(11)
of subsection (a)'' for ``(10) of subsection (a)''.
Subsec. (c)(2)(A). Pub. L. 107-107, Sec. 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, Sec. 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, Sec. 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, Sec. 614(c), substituted ``$150''
for ``$110'' and ``$225'' for ``$165''.
Subsec. (c)(2)(A). Pub. L. 105-85, Sec. 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, Sec. 615(a), substituted ``a
member'' for ``an officer (other than a warrant officer)''.
Subsec. (c)(2)(A). Pub. L. 104-106, Sec. 615(c)(1), substituted ``a
member'' for ``an officer'' in provisions before table.
Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 8(e)(2)(A), substituted ``In
this subsection, the term'' for ``For the purposes of this
subsection,''.
Subsec. (b). Pub. L. 100-26, Sec. 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, Sec. 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, Sec. 635(a)(1)(A), substituted
``a crew member'' for ``an enlisted crew member''.
Subsec. (a)(10). Pub. L. 99-145, Sec. 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, Sec. 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, Sec. 1303(b)(2), directed the
substitution of ``(10),'' for ``(10),,''. See amendment note below.
Pub. L. 99-145, Sec. 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, Sec. 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, Sec. 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, Sec. 624(a)(1), redesignated cl. (6)
as (4). Former cl. (4) redesignated (3).
Subsec. (a)(5). Pub. L. 98-525, Sec. 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, Sec. 624(a)(1), redesignated
cls. (8) to (13) as (6) to (11), respectively.
Subsec. (c)(1). Pub. L. 98-525, Sec. 624(a)(2), substituted ``or
(10),'' for ``(10), (11), or (12)''.
Subsec. (c)(2). Pub. L. 98-525, Sec. 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, Sec. 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, Sec. 111(b), amended table to reflect an
upward adjustment in the monthly incentive pay.
Subsec. (c). Pub. L. 97-60, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 3(a), redesignated cls.
(4) to (12) as (2) to (10), respectively.
Subsec. (b). Pub. L. 96-579, Sec. 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, Sec. 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, Sec. 516(5)(C), substituted reference
to subsection (a) for reference to subsection (a)(1)-(12).
1974--Subsec. (a)(1). Pub. L. 93-294, Sec. 2(1), substituted ``an
enlisted crew member'' for ``a crew member''.
Subsec. (g). Pub. L. 93-294, Sec. 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, Sec. 1, added cl. (12).
Subsecs. (c), (f). Pub. L. 89-149, Secs. 2, 3, inserted reference to
cl. (12) of subsec. (a).
1963--Subsec. (a)(2). Pub. L. 88-132, Sec. 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, Sec. 7, substituted ``inside a high-
or low-pressure chamber'' for ``as a low-pressure chamber inside
observer''.
Subsec. (e). Pub. L. 88-132, Sec. 8, substituted ``not more than two
payments'' for ``only one payment''.
Effective Date of 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 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.''
Effective Date of 1998 Amendment
Pub. L. 105-261, div. A, title VI, Sec. 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 effective 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
Section 1342(h)(1) of Pub. L. 99-661 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 302b
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.''
Effective Date of 1985 Amendment
Section 635(b) of Pub. L. 99-145 provided that: ``The amendments
made by this section [amending this section] shall take effect on
October 1, 1985.''
Section 647(b) of Pub. L. 99-145 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.''
Effective Date of 1983 Amendment
Section 903(b) of Pub. L. 98-94 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect on October
1, 1983.''
Effective Date of 1981 Amendment
Section 111(d) of Pub. L. 97-60 provided that: ``The amendments made
by this section [amending this section] shall take effect as of October
1, 1981.''
Effective Date of 1980 Amendments
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.
Section 2(c) of Pub. L. 96-343 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.''
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.
Retention Incentives Initiative for Critically Short Military
Occupational Specialties
Pub. L. 105-261, div. A, title VI, Sec. 622, Oct. 17, 1998, 112
Stat. 2042, provided that:
``(a) Requirement for New Incentives.--The Secretary of Defense
shall establish and provide for members of the Armed Forces qualified in
critically short military occupational specialties a series of new
incentives that the Secretary considers potentially effective for
increasing the rates at which those members are retained in the Armed
Forces for service in such specialties.
``(b) Critically Short Military Occupational Specialties.--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 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 include the following incentives:
``(1) Family support and leave allowances.
``(2) Increased special reenlistment or retention bonuses.
``(3) Repayment of educational loans.
``(4) Priority of selection for assignment to preferred
permanent duty station or for extension at permanent duty station.
``(5) Modified leave policies.
``(6) Special consideration for Government housing or additional
housing allowances.
``(d) Relationship to Other Incentives.--Incentives provided under
this section are in addition to any special pay or other benefit that is
authorized under any other provision of law.
``(e) Reports.--(1) Not later than December 1, 1998, the Secretary
of Defense shall submit to the congressional defense committees
[Committees on Armed Services and Appropriations of the Senate and the
House of Representatives] a report that identifies, for each of the
Armed Forces, the critically short military occupational specialties to
which incentives under this section are to apply.
``(2) Not later than April 15, 1999, the Secretary of Defense shall
submit to the congressional defense committees a report that specifies,
for each of the Armed Forces, the incentives that are to be provided
under this section.''
Persons Entitled To Receive Incentive Pay for Duty Involving Contact
With Persons Afflicted With Leprosy
Section 624(b) of Pub. L. 98-525 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.''
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, set out below.
Ex. Ord. No. 11157. Regulations Relating to Incentive Pay, Special Pay,
and Allowances
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, provided:
By virtue of the authority vested in me by sections 301(a) and (f),
305(a), 402(f), and 403(g) of title 37 of the United States Code, and as
President of the United States and Commander in Chief of the armed
forces of the United States, it is hereby ordered as follows:
Part I--Incentive Pay for Hazardous Duty
Sec. 101. For the purposes of these regulations:
(a) The term ``aerial flight'' shall be construed to mean flight in
an aircraft, glider, or spacecraft; and a flight shall be deemed to
begin when the aircraft, glider, or spacecraft takes off from rest at
any point of support located on the surface of the earth and to
terminate when it next comes to a complete stop at a point of support
located on the surface of the earth.
(b) The term ``aviation accident'' shall be construed to mean an
accident in which a member who is required to participate frequently and
regularly in aerial flight is injured or otherwise incapacitated as the
result, as attested by the appropriate medical authority of the
uniformed service concerned, of (1) jumping from, being thrown from or
being struck by, an aircraft, glider, or spacecraft, or any part or
auxiliary thereof, or (2) participation in any duly authorized aerial
flight or other aircraft, glider, or spacecraft operations.
Sec. 102. Under such regulations as the Secretary concerned may
prescribe, any member of the uniformed services, including members
assigned to special, administrative, or school duties, may be required
by competent orders to perform hazardous duty.
Sec. 103. (a) Each member who is required by competent orders to
participate frequently and regularly in aerial flights, other than
glider flights, shall make the flights required as a crew member or as a
non-crew member as directed by competent authority.
(b) Determinations as to what constitutes duty as a crew member and
duty as a non-crew member shall be made in accordance with regulations
prescribed by the Secretary concerned: Provided, That such
determinations shall be uniform for all the services to the fullest
extent practicable.
Sec. 104. Under such regulations as the Secretary concerned may
prescribe, members who are required by competent orders to participate
frequently and regularly in aerial flights, other than glider flights,
shall be required to meet the following minimum flight requirements,
except as otherwise provided in section 110 hereof, in order to be
entitled to receive monthly incentive pay for the performance of
hazardous duty.
(a) Minimum flight requirements for members on active duty who may
qualify for incentive pay under the provisions of section 301(a) of
title 37, United States Code:
(1) During one calendar month: 4 hours of aerial flight; however,
hours of aerial flight performed during the immediately preceding five
calendar months and not already used to qualify for incentive pay may be
applied to satisfy the aerial flight requirement for that month.
(2) During any two consecutive calendar months when the requirements
of clause (1) above have not been met: 8 hours of aerial flight.
(3) During any three consecutive calendar months when the
requirements of clause (2) above have not been met: 12 hours of aerial
flight.
(4) For fractions of a calendar month, the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(5) For fractions of two consecutive calendar months, the period in
question shall be considered as a unit and the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(6) Whenever, under authority conferred by the Secretary concerned,
the commanding officer of any member who has been required by competent
orders to participate frequently and regularly in aerial flights, other
than glider flights, certifies that on account of military operations of
the particular command or on account of the unavailability of aircraft
such member was unable to perform the aerial flights required by this
section, such member may comply with the minimum flight requirements by
performing at least 24 hours of aerial flight over a period of six
consecutive calendar months, and such requirements may be met at any
time during such period.
(b) Minimum flight requirements for members of reserve components of
the uniformed services on inactive-duty training who may qualify for
incentive pay under the provisions of section 301(f) of title 37, United
States Code:
(1) During one calendar month: 2 hours of aerial flight; however,
hours of aerial flight performed during the immediately preceding five
calendar months and not already used to qualify for incentive pay may be
applied to satisfy the aerial flight requirement for that month.
(2) During any two consecutive calendar months, when the
requirements of clause (1) above have not been met: 4 hours of aerial
flight.
(3) During any three consecutive calendar months when the
requirements of clause (2) above have not been met: 6 hours of aerial
flight.
(4) For fractions of a calendar month, the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(5) For fractions of two consecutive calendar months, the period in
question shall be considered as a unit and the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(c) Minimum flight requirements for members of reserve components of
the uniformed services who perform both active-duty and inactive-duty
training during the same calendar month and who may qualify for
incentive pay under the provisions of both sections 301(a) and 301(f) of
title 37 of the United States Code:
(1) For periods of active duty, those prescribed by clause (4) of
subsection (a) of this section.
(2) For periods of inactive-duty training, those prescribed by
clause (4) of subsection (b) of this section.
However, the total flight requirements as determined by clauses (1) and
(2) of this subsection may be met at any time during such calendar
month--
(i) on inactive-duty training, or
(ii) on active-duty and inactive-duty training, if the inactive-duty
flight requirement for such month has been met.
Sec. 105. Members shall not be entitled to receive incentive pay for
participation in aerial flights for any period while suspended from such
participation, unless such suspension is subsequently removed and the
minimum flight requirements prescribed in section 104 hereof have been
complied with, except as otherwise provided in section 110 and 114
hereof.
Sec. 106. (a) As determined by the Secretary of the Navy, a member
who is entitled to basic pay, who holds or is in training leading to a
submarine duty designator, and who is in and remains in the submarine
service on a career basis, is entitled to continuous monthly submarine
duty incentive pay, subject to the performance of the required number of
years of operational submarine duty (37 U.S.C. 301c(a)(3)-(4)), except
as provided by 37 U.S.C. 301c(c).
(b) As determined by the Secretary of the Navy, a member who is
entitled to basic pay but is not entitled to continuous monthly
submarine duty incentive pay is entitled to submarine duty incentive pay
for any period during which such member performs frequent and regular
operational submarine duty required by orders.
(c) To the extent provided for by appropriations, a member of the
Naval Reserve who is entitled to compensation under Section 206 of Title
37 of the United States Code, and who performs, under orders, duty on a
submarine during underway operations, is eligible for an increase in
such compensation equal to one-thirtieth of the monthly submarine duty
incentive pay for the performance of that duty by a member of a
corresponding grade and years of service who is entitled to basic pay
when those orders specify such increased entitlement. Such member is
eligible for the increase for each day served, for as long as he is
qualified for it, during each regular period of appropriate duty.
(d) The Secretary of the Navy is hereby designated and empowered to
issue additional implementing regulations with respect to entitlement of
regular and reserve officers and enlisted members of the Navy to
submarine duty incentive pay, or continuous monthly submarine duty
incentive pay.
Sec. 107. (a) Members who are qualified as glider personnel under
such regulations as the Secretary concerned may prescribe, or who are
undergoing training for such qualification, and who are required by
competent orders to participate frequently and regularly in glider
flights shall be required to perform one or more glider flights, without
regard to duration thereof, during any three consecutive calendar months
in order to be entitled to receive incentive pay for such period.
(b) Whenever, under authority conferred by the Secretary concerned,
the commanding officer of any member who has been required by competent
orders to participate frequently and regularly in glider flights
certifies that on account of the absence or inadequacy of glider
equipment or towing aircraft or other means of propulsion, or on account
of military operations of the particular command, such member was unable
to perform the glider flights required by this section, such member may
comply with the minimum flight requirements by performing four or more
glider flights, without regard to duration thereof, during a period of
12 consecutive calendar months, and such requirements may be met at any
time during such period.
(c) Members of reserve components of the uniformed services who have
complied with the requirement prescribed in this section shall be
entitled to receive incentive pay for both active-duty and inactive-duty
training performed during such period.
Sec. 108. (a) As used in section 301(a) of title 37 of the United
States Code, the term ``duty involving parachute jumping as an essential
part of military duty'' shall be construed to mean duty performed by
members who, under such regulations as the Secretary concerned may
prescribe, have received a rating as a parachutist or parachute rigger,
or are undergoing training for such a rating, and who are required by
competent orders to engage in parachute jumping from an aircraft in
aerial flight.
(b) Members required by competent orders to engage in parachute
jumping shall be required to perform one or more parachute jumps from an
airplane in flight during any three consecutive calendar months in order
to be entitled to receive incentive pay for such period.
(c) Whenever, under authority conferred by the Secretary concerned,
the commanding officer of any member who has been required by competent
orders to participate in parachute jumping certifies that on account of
the absence of jump equipment or aircraft or on account of military
operations of the particular command such member was unable to make the
jumps required by this subsection, such member may comply with the
minimum requirements by performing four jumps during a period of 12
consecutive calendar months, and such requirements may be met at any
time during such period. The minimum requirements may be waived by the
commanding officer of a member for any period that the member is unable
to perform the required jumps by reason of being engaged in combat
operations in a hostile fire area designated under Section 310 of Title
37 of the United States Code.
(d) Members of reserve components of the uniformed services who have
complied with requirements prescribed in this section shall be entitled
to receive incentive pay for both active-duty and inactive-duty training
performed during such period.
Sec. 109. As used in section 301(a) of title 37 of the United States
Code--
(a) The term ``duty involving intimate contact with persons
afflicted with leprosy'' shall be construed to mean duty performed by
any member who is assigned by competent orders to a leprosarium for the
performance of duty for a period of 30 days or more or for a period of
instruction, whether or not such leprosarium is under the jurisdiction
of one of the uniformed services.
(b) The term ``duty involving the demolition of explosives'' shall
be construed to mean duty performed by members who, pursuant to
competent orders and as a primary duty assignment (1) demolish by the
use of explosives objects, obstacles, or explosives, or recover and
render harmless, by disarming or demolition, explosives which have
failed to function as intended or which have become a potential hazard;
(2) participate as students or instructors in instructional training,
including that in the field or fleet, for the duties described in clause
(1) hereof, provided that live explosives are used in such training; (3)
participate in proficiency training, including that in the field or
fleet, for the maintenance of skill in the duties described in clause
(1) hereof, provided that live explosives are used in such training; or
(4) experiment with or develop tools, equipment, or procedures for the
demolition and rendering harmless of explosives, provided that live
explosives are used.
(c) The term ``duty inside a high- or low-pressure chamber'' shall
be construed to mean duty performed within pressure chambers at
physiological facilities by members assigned to that duty.
(d) The term ``duty as human acceleration or deceleration
experimental subject'' shall be construed to mean duty performed by
members exposed as human acceleration or deceleration experimental
subjects utilizing experimental acceleration or deceleration devices.
(e) The term ``duty as human test subject in thermal stress
experiments'' shall be construed to mean duty performed by members
exposed as human thermal experimental subjects in thermal stress
experiments conducted under the supervision of any laboratory designated
by the Secretary concerned.
(f) The term ``duty involving frequent and regular participation in
flight operations on the flight deck of an aircraft carrier or of a ship
other than an aircraft carrier from which aircraft are launched'' shall
be construed to mean duty performed by members who are designated for
and ordered to such duty by competent authority from among the crew of a
ship from which aircraft are launched or an aviation unit operating from
that type of ship, and who, in any calendar month (1) participate in
flight operations on the flight deck during a minimum of four days, or
(2) participate, on the flight deck, in a minimum number of aircraft
launches or recoveries, or both, that is prescribed by the Secretary
concerned as the equivalent of participation under clause (1). No member
shall be entitled, however, to receive the pay provided for in this
subsection if, during any month or portion thereof, he is also eligible
to receive incentive pay for other hazardous duty under the provisions
of Section 301 of Title 37, United States Code.
(g) The term ``duty involving the servicing of aircraft or missiles
with highly toxic fuels or propellants or the testing of aircraft or
missile systems (or components of such systems) during which highly
toxic fuels or propellants are used'' shall be construed to mean duty
performed by members as a primary duty that requires (1) removal,
replacement, and servicing of the emergency power unit of an aircraft
with H-70 propellant (30 percent water, 70 percent hydrazine); (2)
participation by those personnel performing duties described in (g)(1)
who must also participate in an emergency response force, spill
containment, or spill cleanup involving H-70 propellant (30 percent
water, 70 percent hydrazine); (3) handling and maintaining the liquid
propellants (liquid oxidizer-nitrogen tetroxide; unsymmetrical dimethyl
hydrazine) used in the Titan weapon system, if such duty requires
qualification in the use of the Rocket Fuel Handler's Clothing Outfit
and involves (A) launch duct operations, including flow, pressurization,
on-load, set-up or tear down involving propellant transfer operations;
(B) set-up, installation or tear down for fuel/oxidizer flow; (C)
decontamination of equipment, including, but not limited to, the Rocket
Fuel Handler's Clothing Outfit; (D) venting or pressurizing missile fuel
or oxidizer tanks; (E) removing or replacing missile components while
missile fuel and oxidizer tanks are loaded with such propellants; (F)
transferring propellants between commercial and military holding
trailers, or between holding trailers and fuel/oxidizer pump rooms; or
normal preventive maintenance activities including, but not limited to,
seal changes; (4) handling and maintaining the propellants,
unsymmetrical dimethyl hydrazine and inhibited red-fuming nitric acid,
used in the LANCE missile system; (5) handling, transporting or working
with toxic fuels/propellants by members assigned to the Air Force Rocket
Propulsion Lab (AFRPL) who (A) directly manage and inspect the
activities of crew members conducting operations involving experimental
rocket propulsion systems and components; (B) directly monitor and set
up measurement instruments in operational areas where contamination is
suspected or may be physically present; (C) install and remove
instrumentation devices from propulsion systems and components; (D)
perform final test preparation and immediate safety inspection duties
around pressurized, active systems during prerun and postrun test
periods; or, (E) install and repair electrical systems; (6) handling,
loading/unloading and transporting toxic fuels and oxidizers at the
precision sled track while working with the liquid rocket sled, which
uses JP-X (a mixture of jet fuel (JP-4) and unsymmetrical dimethyl
hydrazine) and red-fuming nitric acid and a propulsion; or (7)
involvement with other toxic substances contained in missile or aircraft
weapon system fuels or propellants as determined by the Secretary
concerned. The entitlement to the pay provided for in this subsection is
based upon the performance of such duty which has the potential for
accidental or inadvertent exposure to highly toxic fuels or propellants
or related substances and not upon actual quantifiable exposure to such
substances. Therefore, neither this construction of the term nor the
receipt of the pay provided for in this subsection may be construed as
indicating that any person entitled to such pay has been actually
exposed to highly toxic fuels or propellants or related substances
contrary to the provisions of any statute, Executive order, rule, or
regulation relating to health or safety which is applicable to the
uniformed services.
(h) The term ``duty involving frequent and regular exposure to
highly toxic pesticides'' shall be construed to mean duty performed by
members who, while under competent orders assigning such members to the
entomology, pest control, pest management, or preventive medicine
functions of a uniformed service for a period of 30 consecutive days or
more, are required to perform in any calendar month a fumigation task
utilizing (1) phosphine, sulfuryl fluoride, hydrogen cyanide, methyl
bromide, or (2) a fumigant of comparable high acute toxicity and hazard
potential. The use of solid fumigant formulations, such as aluminum
phosphide, magnesium phosphide and calcium cyanide, in the outdoor
control of burrowing animals does not qualify a member for incentive pay
under this subsection.
(i) The term ``duty involving laboratory work that utilizes live
dangerous viruses or bacteria'' shall be construed to mean primary duty
performed by members who work with micro-organisms (1) that cause
disease (A) with a high potential for mortality, and (B) for which
effective therapeutic procedures are not available, and (2) for which no
effective prophylactic immunization exists, while such members are
assigned by competent orders for a period of 30 consecutive days or more
to participate in or conduct applied or basic research that is
characterized by a changing variety of techniques, procedures,
equipment, and experiments.
(j) The term ``the handling of chemical munitions (or components of
such munitions)'' shall be construed to mean duty performed by members
as a primary duty which routinely requires (1) direct physical handling
of toxic chemical munitions incident to storage, maintenance, testing,
surveillance, assembly, disassembly, demilitarization, or disposal of
said munitions; (2) direct physical handling of chemical surety
material, as defined by the Secretary concerned, incident to
manufacture, storage, testing, laboratory analysis, detoxification, or
disposal of said material; (3) direct physical handling of toxic
chemical munitions incident to technical escort of shipments of said
munitions; (4) direct physical handling of chemical surety material, as
defined by the Secretary concerned incident to technical escort of
shipments of said material. The term does not include the handling of
the individual components of binary chemical agents or munitions. The
term does not include user handling incident to loading, firing, or
otherwise launching the toxic chemical munitions nor field storage
operations during hostilities. The term also excludes the handling of
Research, Development, Testing and Evaluation Dilute Solutions of toxic
chemicals as defined by the Secretary concerned. It also excludes the
handling of riot control agents, chemical defoliants and herbicides,
smoke, flame and incendiaries, and industrial chemicals. The entitlement
to the pay provided for in this subsection is based upon the performance
of such duty that has the potential for accidental exposure to chemical
agents and not upon actual quantifiable exposure to such agents.
Therefore, neither the construction of the term nor the receipt of pay
provided for in this subsection may be construed as indicating that any
person entitled to such pay actually has been exposed to chemical agents
contrary to the provisions of any statute, executive order, rule, or
regulations relating to the health and safety which is applicable to the
uniformed services.
Sec. 110. Any member who is required by competent orders to perform
hazardous duty, or multiple hazardous duties, and who becomes injured or
otherwise incapacitated as a result of the performance of any such
hazardous duty, by aviation accident or otherwise, shall be deemed to
have fulfilled all of the requirements for the performance of all
hazardous duties which he is required by competent orders to perform,
for a period not to exceed three months following the date as of which
such incapacity is determined by the appropriate medical authority.
Sec. 111. Members required by competent orders to perform hazardous
duty shall, upon compliance with the requirements of these regulations,
be entitled to receive incentive pay during authorized leaves of
absence.
Sec. 112. Under such regulations as the Secretary concerned may
prescribe, a member who performs multiple hazardous duties under
competent orders may be paid not more than two payments of incentive pay
for a period of time during which he qualifies for more than one such
payment. Dual payments of incentive pay shall be limited to those
members who are required by competent orders to perform specific
multiple hazardous duties in order to carry out their assigned missions.
Sec. 113. The Secretaries concerned are hereby authorized to
prescribe such supplementary regulations not inconsistent herewith as
they may deem necessary or desirable for carrying out these regulations,
and such supplementary regulations shall be uniform for all the services
to the fullest extent practicable.
Sec. 114. Under such regulations as the Secretary of Defense and the
Secretary of Transportation may prescribe with respect to enlisted
members within their respective jurisdictions, any enlisted member who
has been required by competent orders to perform duty as a crew member
involving frequent and regular participation in aerial flight shall, if
he is involuntarily removed from the performance of that duty, under
circumstances prescribed by such regulations with less than 120 days'
advance notice, be deemed to have fulfilled all of the requirements for
payment of incentive pay under section 301(a)(1) or (f) of title 37 of
the United States Code, for that duty for up to 120 days after the date
on which he was notified of such removal.
Part II--Special Pay for Sea Duty and Duty at Certain Places
Sec. 201. (a) The following members of a uniformed service who are
entitled to receive basic pay shall be entitled to receive,
additionally, career sea pay while on sea duty:
(1) enlisted members who are in pay grade E-4 or above,
(2) warrant officers,
(3) commissioned officers in pay grade O-3 or above who have over
three years of sea duty, and
(4) commissioned officers in pay grades O-1 and O-2 with at least
four years active service as enlisted members or as noncommissioned
warrant officers and over three years of sea duty.
(b) The period of sea duty shall include the date of reporting and
the date of detachment as stated in orders. Career sea pay shall be at
the rates prescribed in Section 305a of Title 37 of the United States
Code.
Sec. 202. A member of a uniformed service who is entitled to career
sea pay and who has served 36 consecutive months of sea duty as such
period is computed under regulations of the Secretary concerned, is
entitled to a monthly career sea pay premium for the thirty-seventh
consecutive month and each subsequent consecutive month of sea duty
service by such member when such member is entitled to career sea pay.
In the regulations published by the Secretary concerned, the term
``consecutive months of sea duty'' may be defined to include periods
during which a member is serving in or under orders to duties, service
in which qualifies the member for career sea pay, either periodically or
continuously during assignment to such duties. Examples of such periods
are periods of service as a member of a two crewed submarine or fleet
aviation units assigned to ships, or periods for training,
hospitalization, or other periods of a similar nature.
Sec. 203. The Secretaries concerned (within the meaning of section
101(5) of title 37, United States Code) with respect to personnel of the
uniformed service within their respective departments, are hereby
authorized to prescribe such supplementary regulations, not inconsistent
herewith, as they may deem necessary or desirable for carrying out the
provisions of sections 305 and 305a of title 37 and this Executive
Order. Such regulations shall be uniform for all the services to the
fullest extent possible.
Sec. 204. Enlisted members entitled to receive basic pay shall be
entitled to receive, additionally, pay at the rates prescribed by
section 305(a) of title 37 of the United States Code while on duty at
places that are outside the 48 contiguous States and the District of
Columbia and that are designated for this purpose by the Secretary of
Defense or, in the case of enlisted members of the Coast Guard when it
is not operating as a service in the Navy, by the Secretary of
Transportation. Subject to provisions of section 305 of title 37 of the
United States Code, an enlisted member who is permanently assigned to
duty at a place so designated is entitled to receive that pay during a
period of authorized leave, temporary additional duty, temporary duty,
or hospitalization or while on an operational aircraft flight, but not
more than 30 days while he is away from that place. Enlisted members
shall be entitled to special pay under this section when attached to
ships undergoing repair and overhaul in designated foreign-duty areas
for extended periods when entitlement to special pay for sea duty has
been terminated. Such enlisted members shall be entitled to special pay
for sea duty under the same conditions as an enlisted member on
temporary additional duty or temporary duty in that designated foreign-
duty area.
Sec. 205. Unless otherwise entitled to special pay in accord with
the second sentence of section 204 hereof, during periods spent on
temporary additional duty or temporary duty or on operational aircraft
flights, pay in accord with section 204 shall accrue to enlisted members
only for periods of eight continuous days or more in duration at one or
more places designated, including the dates of arrival at and the dates
of departure from those places.
Sec. 206. (a) No enlisted member shall be entitled under this order
to receive both career sea pay and pay for duty prescribed in sections
204 and 205 hereof for the same period of time.
(b) [Deleted by Ex. Ord. No. 12274, Jan. 16, 1981, 46 F.R. 5855]
Part III--Basic Allowances for Subsistence
Sec. 301. Enlisted members who are being subsisted in kind in a mess
and whose duties require them to be absent from their station during one
or more meals shall be entitled for each such meal to a prorated share
of the daily basic allowance for subsistence authorized for members on
duty at stations where rations in kind are not available. The Secretary
of Defense, the Secretary of Transportation, and the Secretary of
Commerce are hereby authorized to establish the amount of the prorated
share of the daily basic allowance for subsistence applicable to each
one of the three daily meals, which amount shall be uniform for all the
services concerned. The total of the amounts of the shares for the three
daily meals shall not exceed the amount of the basic daily allowance for
subsistence authorized by section 402 of title 37 of the United States
Code.
Sec. 302. The Secretary of Defense, the Secretary of Transportation,
the Secretary of Commerce, and the Secretary of Health and Human
Services with respect to the personnel of the uniformed services within
their respective agencies, are hereby authorized, subject to the
provisions of section 303 hereof, to prescribe such supplemental
regulations, inconsistent herewith, as they may deem necessary or
desirable for carrying out the provisions of this part and of the said
section 402 of title 37 of the United States Code: Provided, That such
regulations shall be uniform so far as practicable for all the services
concerned.
Sec. 303. As used in regulations prescribed pursuant to section 302
hereof, those terms of the said section 402 of title 37 of the United
States Code which are quoted in the subsections of this section shall
have the meaning or application stated with respect thereto:
(a) The term ``entitled to receive basic pay'' shall be considered
applicable to members while they are on the active list or while they
are required to perform duty in accordance with law for which they are
entitled to basic pay: Provided, that such term shall not be applicable
to any member while absent from duty under conditions which, under laws
governing the particular service concerned, would prevent him from
receiving full basic pay.
(b) The term ``when rations in kind are not available'' shall be
considered applicable in the case of enlisted members on duty at
stations where it is determined, in accordance with regulations
prescribed pursuant to section 302 hereof, that it is impracticable for
subsistence in kind to be furnished by the United States.
(c) The term ``when permission to mess separately is granted'' shall
be considered applicable in the case of enlisted members on duty at
stations or while sick in hospitals where a mess for subsisting enlisted
members is available and when such enlisted members are authorized to
subsist themselves independently. Such term shall also be considered
applicable in the case of enlisted members during all periods of
authorized leave, including periods of leave or delay while en route
between duty stations.
(d) The term ``when assigned to duty under emergency conditions
where no messing facilities of the United States are available'' shall
be considered applicable in the case of enlisted members assigned to
duty under conditions requiring extraordinary expenses for subsistence
as determined in accordance with regulations prescribed pursuant to
section 302 hereof.
(e) the term ``field duty'' for purposes of the third sentence of
subsection (b) of Section 402 of Title 37, United States Code, shall
mean service by a member when the member is subsisted in a Government
mess or with an organization drawing field rations, and the member is
serving with troops on maneuvers, war games, field exercises, or similar
types of operations.
(f) the term ``sea duty'' for purposes of the third sentence of
subsection (b) of Section 402 of Title 37, United States Code, shall
mean service performed by a member in a self-propelled vessel that is in
an active status, in commission or in service and is equipped with
berthing and messing facilities.
Part IV--Basic Allowance for Quarters
Sec. 401. As used in this part:
(a) The term ``entitled to receive basic pay'' shall apply to a
member while on the active list or while required to perform duty in
accordance with law for which he is entitled to basic pay: Provided,
That such term shall not apply to any member while absent from duty
under conditions which, under laws governing the particular service
concerned, would prevent him from receiving full basic pay.
(b) The term ``field duty'' shall mean service with troops on
maneuvers, war games, field exercises, or similar types of operations.
(c) The term ``sea duty'' shall mean service performed by either an
officer or enlisted member in a self-propelled vessel that is in an
active status, in commission or in service and is equipped with berthing
and messing facilities. Duty for less than three months is not
considered to be sea duty. Duty for more than three months under
temporary orders which provide for return to the member's same permanent
station is not considered sea duty.
(d) The term ``permanent station'' shall mean the place on shore
where a member is assigned to duty, or the home yard or the home port of
a ship in which a member is required to perform duty, under orders in
each case which do not in terms provide for the termination thereof; and
any station on shore or any receiving ship where a member is assigned
and in fact occupies, with his dependents, if any, quarters under the
jurisdiction of any of the uniformed services shall also be deemed
during such occupancy to be his permanent station: Provided, That in the
case of members of the National Guard, the Air National Guard or reserve
components of any of the uniformed services on active duty for training,
the place where the training duty is being performed shall be deemed to
be the permanent station of such members for the purposes of these
regulations.
(e) The term ``deployed'' shall apply to time during which the unit
is at sea or in a port more than 50 miles from its home port; provided,
however, time during which the unit is in a port for overhaul or
extended repairs is not to be considered deployed time. Unanticipated
overhauls or extended repairs which occur during a period scheduled as
extended deployment in the mission assignment of the ship is time
deployed unless otherwise classified by appropriate command authority.
(f) [Deleted by Ex. Ord. No. 12541, Dec. 30, 1985, 51 F.R. 585]
Sec. 402. Except as otherwise by statute heretofore or hereafter
provided, a member shall be entitled to payment of basic allowances for
quarters, in accordance with these regulations and any regulations
prescribed pursuant hereto, during such time or times as he is entitled
to receive basic pay.
Sec. 403. (a) Any quarters of housing facilities under the
jurisdiction of any of the uniformed services in fact occupied without
payment of rental charges (1) by a member and his dependents, or (2) by
a member without dependents, or (3) by the dependents of a member on
field duty or on sea duty or on duty at a station where adequate
quarters are not available for his dependents, shall be deemed to have
been assigned to such member as appropriate and adequate quarters, and
no basic allowance for quarters shall accrue to such member under such
circumstances unless the occupancy (A) occurs while such member is in a
duty or leave status incident to a change of permanent station and is of
a temporary nature under standards prescribed by regulations issued by
the Secretary of Defense in the case of members of the Army, Navy, Air
Force, or Marine Corps, and the reserve components thereof, or by the
appropriate Secretary in the case of members of the other uniformed
services, or (B) occurs while such member is in a duty or leave status
not incident to a change of permanent station and does not exceed thirty
consecutive days at one location: Provided, That occupancy of quarters
under such circumstances for a period in excess of such 30-day period or
such other temporary period as may be authorized under standards
prescribed by regulations issued by the Secretary concerned shall not
result in a forfeiture of basic allowance for quarters for such 30-day
or other authorized period: Provided, further, That this paragraph shall
not apply to occupancy of quarters as a guest of another member.
(b) Whenever the President exercises his authority under Section
1009(c) of Title 37 of the United States Code, to allocate up to 25
percent of certain increases in basic pay to basic allowances for
quarters, a member without dependents who, under Section 403(b) or (c)
of that title, is not entitled to a basic allowance for quarters shall
become entitled to a portion of such basic allowance for quarters. The
amount of such partial basic allowance for quarters shall equal the
amount of any increases in basic pay which are allocated by the
President to the basic allowance for quarters.
(c) For purposes of Section 403 of Title 37 of the United States
Code, a member shall be deemed to be living in a ``high housing cost
area'' whenever the average monthly cost of housing, including
utilities, for housing appropriate for the member's grade, exceeds 115
percent of the amount of the basic allowance for quarters of that
member.
(d) During fiscal year 1981, members may be paid variable housing
allowance as permitted by Section 4(c) of the Military Personnel and
Compensation Amendments of 1980 (94 Stat. 1125; Public Law 96-343; 37
U.S.C. 403 note); a member shall be deemed to be living in a ``high
housing cost area'' whenever the estimated average monthly cost of
housing, including utilities, appropriate for the member's grade,
exceeds 115 percent of the amount of the basic allowance for quarters of
that member.
Sec. 404. When adequate quarters for his dependents are not
available for assignment at his permanent station to a member with
dependents, he may occupy quarters of the United States designated for
members without dependents without affecting his right to receive
payment of basic allowances for quarters, if permitted or required to
occupy quarters at such station. Under such circumstances, a member may
not occupy quarters of the United States which exceed the minimum
standards for members of his grade without dependents, as prescribed by
the Secretary concerned, unless the only quarters available (a) exceed
the minimum standards, and (b) are made available for joint occupancy
with other members.
Sec. 405. A member away from his permanent station may occupy
quarters of the United States designated for members without dependents
at his temporary duty station without affecting his right to receive
payment of basic allowances for quarters or assignment of quarters, if
any, at his permanent station. Under such circumstances, a member may
not occupy quarters of the United States which exceed the minimum
standards for members of his grade without dependents, as prescribed by
the Secretary concerned, unless the only quarters available (a) exceed
the minimum standards, and (b) are made available for joint occupancy
with other members.
Sec. 406. A member serving outside the United States, its
territories, or possessions in a duty assignment which has official or
diplomatic responsibilities involving officials of foreign governments
may be assigned quarters in excess of the minimum standards set forth in
sections 404 and 405 hereof, as prescribed by the Secretary concerned:
Provided, That no such quarters shall be available on a continuous basis
for single occupancy, if such quarters are otherwise adequate for
assignment as family housing to members of similar rank.
Sec. 407. The Secretaries concerned (within the meaning of section
101(5) of title 37 of the United States Code), with respect to personnel
of the uniformed services within their respective departments, are
hereby authorized to prescribe such supplementary regulations not
inconsistent herewith as they may deem necessary or desirable for
carrying out these regulations, and such supplementary regulations shall
be uniform for all the services to the fullest extent practicable.
Part V--General Provisions
Sec. 501. For the purpose of these regulations, the terms defined in
sections 101 and 401 of title 37 of the United States Code shall have
the meanings prescribed therein.
Sec. 502. The following Executive orders are revoked:
(a) Executive Order No. 10119 of March 27, 1950.
(b) Executive Order No. 10152 of August 17, 1950.
(c) Executive Order No. 10168 of October 11, 1950.
(d) Executive Order No. 10204 of January 15, 1951.
(e) Executive Order No. 10605 of April 22, 1955.
(f) Executive Order No. 10618 of June 28, 1955.
(g) Executive Order No. 10681 of October 22, 1956.
(h) Executive Order No. 10739 of November 15, 1957.
(i) Executive Order No. 10821 of May 20, 1959.
(j) Executive Order No. 10892 of November 8, 1960.
(k) Executive Order No. 10989 of January 22, 1962.
(l) Executive Order No. 11120 of October 2, 1963.
(m) Executive Order No. 11146 of March 13, 1964.
Section Referred to in Other Sections
This section is referred to in sections 301a, 304, 320, 552, 907,
1012 of this title.
