§ 301a. — Incentive pay: aviation career.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC301a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 301a. Incentive pay: aviation career
(a)(1) Subject to regulations prescribed by the President, a member
of a uniformed service who is entitled to basic pay is also entitled to
aviation career incentive pay in the amount set forth in subsection (b)
for the frequent and regular performance of operational or proficiency
flying duty required by orders.
(2) Aviation career incentive pay shall be restricted to regular and
reserve officers who hold, or are in training leading to, an
aeronautical rating or designation and who engage and remain in aviation
service on a career basis.
(3) Under regulations prescribed by the Secretary of Defense, the
Secretary of Homeland Security with respect to the Coast Guard when it
is not operating as a service in the Navy, or the Secretary of Commerce
and the Secretary of Health and Human Services with respect to members
under their respective jurisdiction, an officer (except a flight surgeon
or other medical officer) who is entitled to basic pay, holds an
aeronautical rating or designation, and is qualified for aviation
service under regulations prescribed by the Secretary concerned, is
entitled to continuous monthly incentive pay in the amount set forth in
subsection (b) that is applicable to him. A flight surgeon or other
medical officer who is entitled to basic pay, holds an aeronautical
rating or designation, and is qualified for aviation service under
regulations prescribed by the Secretary concerned, is not entitled to
continuous monthly incentive pay but is entitled to monthly incentive
pay in the amounts set forth in subsection (b) for the frequent and
regular performance of operational flying duty.
(4) To be entitled to continuous monthly incentive pay, an officer
must perform the prescribed operational flying duties (including flight
training but excluding proficiency flying) for 8 of the first 12, and 12
of the first 18 years of the aviation service of the officer. However,
if an officer performs the prescribed operational flying duties
(including flight training but excluding proficiency flying) for at
least 10 but less than 12 of the first 18 years of the aviation service
of the officer, the officer will be entitled to continuous monthly
incentive pay for the first 22 years of aviation service of the officer.
Entitlement to continuous monthly incentive pay ceases for an officer
(other than a warrant officer) upon completion of 25 years of aviation
service, but such an officer in a pay grade below pay grade O-7 remains
entitled to monthly incentive pay under subsection (b)(1) for the
performance of operational flying duty.
(5) If upon completion of either 12 or 18 years of aviation service
it is determined that an officer has failed to perform the minimum
prescribed operational flying duty requirements during the prescribed
periods of time, his entitlement to continuous monthly incentive pay
ceases. For the needs of the service, the Secretary concerned may
permit, on a case by case basis, an officer to continue to receive
continuous monthly incentive pay despite the failure of the officer to
perform the prescribed operational flying duty requirements during the
prescribed periods of time so long as the officer has performed those
requirements for not less than 6 years of aviation service. The
Secretary concerned may not delegate the authority in the preceding
sentence to permit the payment of incentive pay under this subsection.
If at the completion of 12 years of aviation service entitlement to
continuous monthly incentive pay ceases, entitlement to that pay may
again commence at the completion of 18 years of aviation service upon
completion of the minimum operational flying duty requirements, such pay
to continue for a period of time as prescribed in accordance with this
section. However, if entitlement to continuous monthly incentive pay
ceases in the case of any officer at the completion of either 12 or 18
years of aviation service, such officer remains entitled to monthly
incentive pay for the performance of subsequent operational or
proficiency flying duties up to the maximum period of time prescribed in
accordance with this section.
(6) In this section:
(A) The term ``aviation service'' means service performed by an
officer (except a flight surgeon or other medical officer) while
holding an aeronautical rating or designation or while in training
to receive an aeronautical rating or designation.
(B) The term ``operational flying duty'' means flying performed
under competent orders by rated or designated members while serving
in assignments in which basic flying skills normally are maintained
in the performance of assigned duties as determined by the Secretary
concerned, and flying performed by members in training that leads to
the award of an aeronautical rating or designation.
(C) The term ``proficiency flying duty'' means flying performed
under competent orders by rated or designated members while serving
in assignments in which such skills would normally not be maintained
in the performance of assigned duties.
(D) The term ``officer'' includes an individual enlisted, and
designated, as an aviation cadet under section 6911 of title 10.
(b)(1) A member who satisfies the requirements described in
subsection (a) is entitled to monthly incentive pay as follows:
Years of aviation service (including flight training) as Monthly
an officer: rate
2 or less................................................ $125
Over 2................................................... $156
Over 3................................................... $188
Over 4................................................... $206
Over 6................................................... $650
Over 14.................................................. $840
Over 22.................................................. $585
Over 23.................................................. $495
Over 24.................................................. $385
Over 25.................................................. $250
(2) An officer in a pay grade above O-6 is entitled, until the
officer completes 25 years of aviation service, to be paid at the rates
set forth in the table in paragraph (1), except that--
(A) an officer in pay grade O-7 may not be paid at a rate
greater than $200 a month; and
(B) an officer in pay grade O-8 or above may not be paid at a
rate greater than $206 a month.
(3) For a warrant officer with over 22, 23, 24, or 25 years of
aviation service who is qualified under subsection (a), the rate
prescribed in the table in paragraph (1) for officers with over 14 years
of aviation service shall continue to apply to the warrant officer.
(4) An officer serving as an air battle manager who is entitled to
aviation career incentive pay under this section and who, before
becoming entitled to aviation career incentive pay, was entitled to
incentive pay under section 301(a)(11) of this title, shall be paid the
monthly incentive pay at the higher of the following rates:
(A) The rate otherwise applicable to the member under this
subsection.
(B) The rate at which the member was receiving incentive pay
under section 301(c)(2)(A) of this title immediately before the
member's entitlement to aviation career incentive pay under this
section.
(c) In time of war, the President may suspend the payment of
aviation career incentive pay.
(d) 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,
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) for the performance
of that duty by a member with corresponding years of aviation service
who is entitled to basic pay. Such member 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.
[(e) Repealed. Pub. L. 101-510, div. A, title XIII, Sec. 1322(c)(1),
Nov. 5, 1990, 104 Stat. 1672.]
(f) The Secretary of Defense shall submit annually to Congress a
report specifying for the year covered by the report--
(1) the total number of officers who were determined under
subsection (a)(5) to have failed to perform the minimum prescribed
operational flying duty requirements;
(2) the number of those officers who continued to receive
continuous monthly incentive pay despite their failure to perform
the minimum prescribed operational flying duty requirements and the
extent to which they failed to perform those requirements; and
(3) the reasons for the exercise of the authority under the
second sentence of subsection (a)(5) in the case of each officer
specified pursuant to paragraph (2).
(Added Pub. L. 93-294, Sec. 2(3), May 31, 1974, 88 Stat. 177; amended
Pub. L. 94-273, Sec. 3(21), Apr. 21, 1976, 90 Stat. 377; Pub. L. 96-343,
Sec. 2(b), Sept. 8, 1980, 94 Stat. 1124; Pub. L. 96-513, title V,
Sec. 516(6), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 97-60, title I,
Sec. 112(a), (b), Oct. 14, 1981, 95 Stat. 994; Pub. L. 99-661, div. A,
title VI, Sec. 632(a), Nov. 14, 1986, 100 Stat. 3883; Pub. L. 100-26,
Sec. 8(e)(3), Apr. 21, 1987, 101 Stat. 286; Pub. L. 101-189, div. A,
title VI, Sec. 631(a)-(d), Nov. 29, 1989, 103 Stat. 1449, 1450; Pub. L.
101-510, div. A, title XIII, Sec. 1322(c)(1), Nov. 5, 1990, 104 Stat.
1672; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991,
105 Stat. 117; Pub. L. 103-35, title II, Sec. 204(c), May 31, 1993, 107
Stat. 102; Pub. L. 104-106, div. A, title VI, Sec. 616, Feb. 10, 1996,
110 Stat. 362; Pub. L. 105-85, div. A, title VI, Sec. 615(a), (b), Nov.
18, 1997, 111 Stat. 1787; Pub. L. 105-261, div. A, title VI,
Sec. 615(a)(1), (b), (c)(1), (d), Oct. 17, 1998, 112 Stat. 2040, 2041;
Pub. L. 106-65, div. A, title VI, Sec. 614(a), Oct. 5, 1999, 113 Stat.
651; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat.
2314.)
Amendments
2002--Subsec. (a)(3). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
1999--Subsec. (b)(4). Pub. L. 106-65 added par. (4).
1998--Subsec. (a)(4). Pub. L. 105-261, Sec. 615(c)(1)(A),
substituted ``22 years of aviation service of the officer'' for ``22
years of the officer's service as an officer'' and ``25 years of
aviation service'' for ``25 years of service as an officer (as computed
under section 205 of this title)''.
Subsec. (a)(6). Pub. L. 105-261, Sec. 615(a)(1), added subpar. (A)
and redesignated former subpars. (A) to (C) as (B) to (D), respectively.
Subsec. (b). Pub. L. 105-261, Sec. 615(d), repealed section 615 of
Pub. L. 105-85. See 1997 Amendment note below.
Pub. L. 105-261, Sec. 615(b), amended subsec. (b) generally,
substituting pars. (1) to (3) for former pars. (1) and (2).
Subsec. (d). Pub. L. 105-261, Sec. 615(c)(1)(B), substituted
``subsection (b) for the performance of that duty by a member with
corresponding years of aviation service'' for ``subsection (b)(1) or
(2), as the case may be, for the performance of that duty by a member of
corresponding years of aviation or officer service, as appropriate,''.
1997--Subsec. (b)(1). Pub. L. 105-85, Sec. 615(b), substituted ``22
years'' for ``18 years'' in two places in provisions after phase II
table.
Pub. L. 105-85, Sec. 615(a), which directed amendment by inserting
at the end of phase I of the table the following:
``Over 14........................... 840'';
and by striking out phase II of the table and inserting in lieu thereof
the following:
``Phase II
``Monthly rate
``Years of service as an officer:
``Over 22............................................. 585
``Over 23............................................. 495
``Over 24............................................. 385
``Over 25............................................. 250'',
was repealed by Pub. L. 105-261, Sec. 615(d).
1996--Subsec. (a)(4). Pub. L. 104-106, Sec. 616(a), substituted
``8'' for ``9'' before ``of the first 12''.
Subsec. (a)(5). Pub. L. 104-106, Sec. 616(b), inserted ``The
Secretary concerned may not delegate the authority in the preceding
sentence to permit the payment of incentive pay under this subsection.''
after second sentence.
1993--Subsec. (a)(4). Pub. L. 103-35 made technical amendment to
directory language of Pub. L. 101-189, Sec. 631(a)(1). See 1989
Amendment note below.
1991--Pub. L. 102-25 struck out ``of this section'' wherever
appearing and struck out ``of this subsection'' in subsec. (b)(2).
1990--Subsec. (e). Pub. L. 101-510 struck out subsec. (e) which read
as follows: ``The Secretary of Defense shall report to Congress before
October 1 each year the number of rated members by pay grade who--
``(1) have 12 or 18 years of aviation service, and of those
numbers, the number who are entitled to continuous monthly incentive
pay under subsection (a) of this section; and
``(2) are performing operational flying duties, proficiency
flying, and those not performing flying duties.''
1989--Subsec. (a)(4). Pub. L. 101-189, Sec. 631(a), as amended by
Pub. L. 103-35, Sec. 204(c), substituted ``9 of the first 12, and 12 of
the first 18 years of the aviation service of the officer'' for ``6 of
the first 12, and 11 of the first 18, years of his aviation service'',
``at least 10 but less than 12 of the first 18 years of the aviation
service of the officer, the officer'' for ``at least 9 but less than 11
of the first 18 years of his aviation service, he'', and ``the officer's
service as an officer'' for ``his officer service''.
Subsec. (a)(5). Pub. L. 101-189, Sec. 631(b), inserted after first
sentence ``For the needs of the service, the Secretary concerned may
permit, on a case by case basis, an officer to continue to receive
continuous monthly incentive pay despite the failure of the officer to
perform the prescribed operational flying duty requirements during the
prescribed periods of time so long as the officer has performed those
requirements for not less than 6 years of aviation service.''
Subsec. (b)(1). Pub. L. 101-189, Sec. 631(c)(1), in phase I table,
substituted ``650'' for ``400'' in item relating to over 6 years, and in
phase II table, struck out ``as computed under section 205'' after ``an
officer'' in table heading, substituted ``$585'' for ``$370'', ``495''
for ``340'', and ``385'' for ``310'', in items relating to over 18
years, over 20 years, and over 22 years, respectively, and struck out
item relating to a monthly rate of $280 for over 24 years.
Subsec. (b)(2). Pub. L. 101-189, Sec. 631(c)(2), in table,
substituted ``650'' for ``400'' in item relating to over 6 years.
Subsec. (f). Pub. L. 101-189, Sec. 631(d), added subsec. (f).
1987--Subsec. (a)(6). Pub. L. 100-26, which directed that par. (6)
of this section be amended, was executed to par. (6) of subsec. (a) of
this section, to reflect the probable intent of Congress by substituting
``In this section:'' for ``For the purposes of this section, the term--
'', inserting ``The term'' at beginning of subpars. (A) to (C), and
substituting period for semicolon at end of subpar. (A) and period for
``; and'' at end of subpar. (B).
1986--Subsec. (a)(6)(C). Pub. L. 99-661, Sec. 632(a)(1), added
subpar. (C).
Subsec. (b)(1). Pub. L. 99-661, Sec. 632(a)(2), substituted ``a
member'' for ``an officer in pay grades O-1 through O-10''.
1981--Subsec. (a)(4). Pub. L. 97-60, Sec. 112(a), inserted provision
that entitlement to continuous monthly incentive pay ceases for an
officer (other than a warrant officer) upon completion of 25 years of
service as an officer (as computed under section 205 of this title), but
such an officer in a pay grade below pay grade O-7 remains entitled to
monthly incentive pay under subsection (b)(1) of this section for the
performance of operational flying duty.
Subsec. (b)(1), (2). Pub. L. 97-60, Sec. 112(b), amended table to
reflect an upward adjustment in monthly incentive pay.
1980--Subsec. (a)(3). Pub. L. 96-513 substituted ``Health and Human
Services'' for ``Health, Education, and Welfare''.
Subsec. (b)(1). Pub. L. 96-343, Sec. 2(b)(1), (2), substituted in
phase I table, ``$125'', ``$156'', ``$188'', ``$206'', and ``$306'' for
``$100'', ``$125'', ``$150'', ``$165'', and ``$245'' in items relating
to 2 or less years, over 2 years, over 3 years, over 4 years, and over 6
years, respectively, in phase II table, ``$281'', ``$256'', ``$231'',
and ``$206'' for ``$225'', ``$205'', ``$185'', and ``$165'' in items
relating to over 18 years, over 20 years, over 22 years, and over 24 but
not over 25 years, respectively, and ``$200'' and ``$206'' for ``$160''
and ``$165'', respectively.
Subsec. (b)(2). Pub. L. 96-343, Sec. 2(b)(3), substituted ``$125'',
``$138'', and ``$250'' for ``$100'', ``$110'', and ``$200'' in items
relating to 2 or less years, over 2 years, and over 6 years,
respectively.
1976--Subsec. (e). Pub. L. 94-273 substituted ``October'' for
``July''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 614(b), Oct. 5, 1999, 113
Stat. 651, provided that: ``The amendment made by subsection (a)
[amending this section] shall take effect on October 1, 1999, and shall
apply with respect to months beginning on or after that date.''
Effective Date of 1997 Amendment
Section 615(c) of Pub. L. 105-85, which provided that the amendments
made by section 615(a) of Pub. L. 105-85 to this section were to take
effect on Jan. 1, 1999, and were to apply with respect to months
beginning on or after that date, was repealed by Pub. L. 105-261, div.
A, title VI, Sec. 615(d), Oct. 17, 1998, 112 Stat. 2041.
Effective Date of 1993 Amendment
Section 204(c) of Pub. L. 103-35 provided that the amendment made by
that section is effective Nov. 29, 1989.
Effective Date of 1989 Amendment; Transition
Section 631(e), (f) of Pub. L. 101-189 provided that:
``(e) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made--
``(A) by subsection (c) [amending this section] shall take
effect on the date of the enactment of this Act [Nov. 29, 1989]; and
``(B) by subsections (a), (b), and (d) [amending this section]
shall take effect on October 1, 1991.
``(2) The Secretary of a military department may delay, subject to
the approval of the Secretary of Defense, the implementation of the
amendments made by subsection (c) with respect to the department of that
Secretary until such time as the Secretary concerned determines that
implementation of those amendments is necessary to meet the needs of
that department.
``(3) If the Secretary of a military department delays under
paragraph (2) the implementation of the amendments made by subsection
(c) beyond October 1, 1991, the Secretary may also delay implementation
of the amendments made by subsections (a), (b), and (d) until the date
on which the Secretary implements the amendments made by subsection (c).
During the delay in implementation, the provisions of section 301a of
title 37, United States Code, as in effect on the day before the date of
the enactment of this Act, shall continue to apply in the case of such
department to the payment of aviation career incentive pay under such
section.
``(f) Transition.--(1) An officer of a uniformed service who, as of
the date the amendments made by subsections (a), (b), and (d) take
effect with regard to the officer's uniformed service--
``(A) has completed years of aviation service in an amount equal
to one of the number of years of aviation service specified in
column 1 of the following table; and
``(B) has performed, or subsequently performs, the prescribed
operational flying duties (including flight training but excluding
proficiency flying) during the number of years of aviation service
specified in column 2 of such table and corresponding to the number
of years of aviation service applicable to the officer under column
1,
shall be entitled to continuous monthly incentive pay at the rates
provided in section 301a(b) of title 37, United States Code (as amended
by this section)[,] until the officer completes the years of service as
an officer specified in column 3 of such table and applicable to the
officer.
``TABLE
------------------------------------------------------------------------
COLUMN 1 COLUMN 2 COLUMN 3
------------------------------------------------------------------------
Entitlement to
Number of years continuous monthly
Number of years of aviation performing incentive pay
service operational flying through the
duty following year of
officer service
------------------------------------------------------------------------
6 or more At least 6 of the 18
first 12 years of
aviation service
6 or more At least 9 but less 22
than 11 of the
first 18 years of
aviation service
6 or more At least 6 of the 25
first 12 and at
least 11 of the
first 18 years of
aviation service
At least 6 but less than 12 Less than 6 and 18
subsequently
completes 6 of the
first 12 and 9 of
the first 15 years
of aviation service
At least 12 but less than 18 Less than 9 and 22
subsequently
completes 9 of the
first 18 years of
aviation service
At least 12 but less than 18 Less than 11 and 25
subsequently
completes 11 of the
first 18 years of
aviation service
------------------------------------------------------------------------
``(2) For purposes of this subsection, the terms `operational flying
duty' and `proficiency flying duty' have the meaning given to such terms
in section 301a(a)(6) of title 37, United States Code.''
Effective Date of 1986 Amendment
Section 632(b) of Pub. L. 99-661 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply only with
respect to those members of the Armed Forces who are aviation cadets on
or after the date of the enactment of this Act [Nov. 14, 1986]. Service
as an aviation cadet before that date shall not be counted for any
purpose under section 301a of title 37, United States Code.''
Effective Date of 1981 Amendment
Section 112(c) 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 Amendment
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Effective Date
Section 6 of Pub. L. 93-294 provided that: ``This Act [enacting this
section, amending section 301 of this title, and enacting provisions set
out as notes under this section] becomes effective on the first day of
the first month after enactment [May 31, 1974].''
Monthly Incentive Pay for Certain Officers Entitled to Incentive Pay
Under Section 301(a)(1) of This Title on May 31, 1973
Section 4 of Pub. L. 93-294 provided that: ``Notwithstanding the
amendments made by this Act [enacting this section and amending section
301 of this title], an officer who was entitled to incentive pay under
section 301(a)(1) of title 37, United States Code, on May 31, 1973, or
on the day before the effective date of this Act [June 1, 1974], if
otherwise qualified on the day before the effective date of this Act, is
entitled to monthly incentive pay as prescribed in either clause (1) or
(2) of this section, as follows:
``(1) If he is credited with 6 or less years of aviation service
as an officer, and with less than 12 years of service as an officer,
he is entitled to monthly incentive pay either--
``(A) in the amount he was receiving under section 301(b) of
that title on May 31, 1973, or on the day before the effective
date of this Act [June 1, 1974], but with no entitlement after
either of those dates, as applicable, to any longevity pay
increases or increases resulting from promotion to a higher
grade until such time as the rate to which he is entitled under
section 301a(b) of that title, as added by this Act, is equal to
or greater than the amount he was receiving under that section
on May 31, 1973, or on the day before the effective date of this
Act, and thereafter his entitlement is as prescribed by that
section as added by this Act; or
``(B) at the rate prescribed by section 301a(b) of that
title, as added by this Act;
whichever is greater. However, an officer who is promoted and
assigned to pay grade O-7 or above during the 36-month period
following the effective date of this Act [June 1, 1974] may not
receive more than the rate which existed for that pay grade, as
appropriate, prior to June 1, 1973.
``(2) If he is credited with more than 6 years of aviation
service as an officer, or less than 6 years of aviation service but
more than 12 years of service as an officer, he may receive monthly
incentive pay at the rate prescribed in the table in section 301a(b)
of title 37, United States Code, as added by this Act, that is
applicable to him, or $165, whichever is greater, for not more than
36 months after the effective date of this Act [June 1, 1974],
notwithstanding the provisions of section 301a(a) of that title, as
added by this Act, with respect to prescribed operational flying
duties (including flight training but excluding proficiency flying).
However, under this clause, an officer who is assigned to the pay
grade O-7 on the effective date of this Act, or is promoted to the
pay grade O-7 during the 36-month period following the effective
date of this Act, may not receive more than $160 per month while
assigned to that grade.
The amount to which a reserve officer who is entitled to compensation
under section 206 of title 37, United States Code, is entitled under
this section is governed by the provisions of section 301a(d) of that
title, as added by this Act.''
Annual Report by Department of Defense
Section 5 of Pub. L. 93-294 provided that: ``A yearly report
containing such data as necessary to monitor the progress of this bill
[Pub. L. 93-294] shall be made by the Department of Defense in
cooperation with the Senate and House Armed Services Committees and
released publicly.''
Ex. Ord. No. 11800. Delegation of President's Authority
Ex. Ord. No. 11800, Aug. 17, 1974, 39 F.R. 30103, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286,
Sec. 58, Feb. 28, 2003, 68 F.R. 10629, provided:
By virtue of the authority vested in me by section 301 of title 3 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:
Section 1. The Secretary of Defense, the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service in the Navy, the Secretary of Commerce and the Secretary of
Health and Human Services, with respect to members of the uniformed
service under their respective jurisdictions, are hereby designated and
empowered to exercise, without approval, ratification, or other action
by the President, the functions vested in the President by section 301a
of title 37 of the United States Code, as added by section 2(3) of the
Aviation Career Incentive Act of 1974 (Public Law 93-294; 88 Stat. 177)
with respect to entitlement of regular and reserve officers of the
uniformed services, including flight surgeons and other medical
officers, to aviation career incentive pay for the frequent and regular
performance of operational or proficiency flying duty.
Sec. 2. This order is effective as of June 1, 1974.
Section Referred to in Other Sections
This section is referred to in sections 301, 301b, 312c of this
title.
