An Act to amend section 301 of title 37, United States Code, relating to incentive pay, to attract and retain volunteers for aviation crew member duties, and for other purposes.
PL 93-294 (H.R.12670), enacted 05/31/1974

88 STAT. ] 
PUBLIC LAW 93-294-MAY 31, 1974 
177 
Public Law 93-294 
A N A C T 
May 31, 1974 
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To amend section 301 of title 37, United States Code, relating to incentive pay, 
!—'. 
to attract and retain volunteers for aviation crew member duties, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, That this Act may Aviation career 
be cited as the "Aviation Career Incentive Act of 1974". 
^^^'j'^^'"" ^"^ °' 
SEC. 2. Chapter 5 of title 37, United States Code, is amended as 
37 use 301a 
follows: 
"°'^-
(1) Section 301(a)(1) is amended by striking out "a crew 
37 use 301. 
member" and inserting in lieu thereof "an enlisted crew member". 
(2; Section 301(g) is repealed. 
Repeal. 
(3) The following new section is inserted after section 301 
and a corresponding item for that section is inserted in the chapter 
analysis: 
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§ 301a. Incentive pay: aviation career 
37 use 301a. 
" (a) (1) Subject to regulations prescribed by the President, a mem- 
operational or 
ber of a uniformed service who is entitled to basic pay is also entitled fiy°ing!^"''^ 
to aviation career incentive pay in the amount set forth in subsection 
(b) of this section for the frequent and regular performance of opera-
tional or proficiency flying duty required by orders. 
"(2) Aviation career incentive pay shall be restricted to regular 
Regular and 
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fy. 
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• • 
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reserve o f f i c e r s . 
and reserve omcers who hold, or are m trammg leading to, an aero-
nautical 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 
coast Guard 
Secretary of Transportation with respect to the Coast Guard when °
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it is not operating as a service in the Navy, or the Secretary of Com-
merce and the Secretary of Health, Education, and Welfare 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) of this section 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 con-
cerned, is not entitled to continuous monthly incentive pay but is 
entitled to monthly incentive pay in the amounts set forth in sub-
section (b) of this section 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 6 of the first 12, 
and 11 of the first 18, years of his aviation service. However, if an 
officer performs the prescribed operational flying duties (including 
flight training but excluding proficiency flying) for at least 9 but less 
than 11 of the first 18 years of his aviation service, he will be entitled 
to continuous monthly incentive pay for the first 22 years of his officer 
service. 
"(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 
Definitions. 
178 
PUBLIC LAW 93-294-MAY 31, 1974 
[88 STAT. 
ceases. 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 require-
ments, such pay to continue for a period of time as prescribed in accord-
ance 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 pre-
scribed in accordance with this section. 
"(6) For the purposes of this section, the term— 
"(A) 'operational flying duty' means flying performed under 
competent orders by rated or designated members while serving 
in assignments in which basic flymg skills normally are main-
tained 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; and 
"(B) '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 main-
tained in the performance of assigned duties. 
''(b) A member who satisfies the requirements described in sub-
section (a) of this section is entitled to monthly incentive pay as 
follows: 
"(1) For an officer in pay grades 0-1 through O-IO who is 
qualified under subsection (a) of this section: 
"Phase I 
Years of aviation service 
(including flight train-
"Monthly rate: 
ing) as an officer 
$100 
2 or less. 
$125 
Over 2. 
$150 
Over 3. 
$165 
Over 4. 
$245 
Over 6. 
"Phase II 
Years of services as an oflB-
eer as computed under 
"Monthly rate: 
section 205 
$225 
Over 18. 
$205 
Over 20. 
$185 
Over 22. 
$165 
Over 24 but not over 25. 
An officer is entitled to the rates in phase I of this table until he 
has completed 18 years of service as an officer, after which his 
entitlement is as prescribed by the rates in phase II, if he has com-
pleted at least 6 years of aviation service as an officer. However, if 
he has over 18 years of service as an officer, but not at least 6 years 
of aviation service as an officer, he continues to be subject to the 
rates set forth in phase I of the table that apply to an officer who 
has less than 6 years of aviation service as an officer. An officer in 
a pay grade labove 0-6 is entitled, until he completes 25 years of 
service as an officer, to be paid at the rates set forth in this table, 
except that an officer in pay grade 0-7 may not be paid at a rate 
grea;ter than $160 a month, and an officer in pay grade 0-8, or 
above, may not be paid at a rate greater than $166 a month. 
88 STAT. ] 
PUBLIC LAW 93-294-MAY 31, 1974 
179 
"(2) For a warrant officer who is qualified under subsection (a) 
of this section: 
Years of aviation 'service as 
"Monthly rate : 
an offlcer 
$100 
2 or less. 
$110 
Over 2. 
$200 
Over 6. 
For the purposes of clauses (1) and ('2) of this subsection, the temi .^"'^''^^''°" ^"''' 
'aviation service' means the service performed, under regulations pre-
scribed by the Secretary concerned, by an officer, and the years of avia-
tion service are computed beginning with the effective date of the 
initial order to perform aviation service. 
"(c) In time of war, the President may suspend the payment of ^^^/s'l^pension. 
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, 
37 use 206. 
under orders, duty described in subsection (a) of this section for 
members entitled to basic pay, he is entitled to an increase in compen-
sation equal to 1/30 of the monthly incentive pay authorized by sub-
section (b) (1) or (2) of this section, as the case may be, for the 
performance of that duty by a member of corresponding years of 
aviation or officer service, as appropriate, 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. 
c 
"(e) The Secretary of Defense shall report to Congress before 
Report to 
July 1 each year the number of rated members by pay grade who— 
ongress. 
"(1) have 12 or 18 years of aviation service, and of those num-
bers, the number who are entitled to continuous monthly incentive 
pay under subsection (a) of this section; and 
"(2) are performing operational flying duties, proficiency fly-
ing, and those not performing flying duties.". 
SEC. 3. Section 716 of the Department of Defense Appropriation 
Proficiency 
Act, 1973 (86 Stat. 1199), and section 715 of the Department of "'""^* 
Defense Appropriation Act, 1974 (87 Stat. 1041), are each amended 
by striking out the last sentence. 
SEC. 4. Notwithstanding the amendments made by this Act, an 
Hazardous duty 
officer who was entitled to incentive pay under section 301(a)(1) ^^37 use 301a 
of title 37, United States Code, on May 31, 1973, or on the day before note-
the effective date of this Act, if otherwise qualified on the day before 
" «
» P- 177. 
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— 
180 
PUBLIC LAW 93-295-MAY 31, 1974 
[88 STAT. 
37 u s e 301. 
Ante, 
p. 177, 
Annual report, 
public release. 
37 u s e 301a 
note. 
Effective date. 
37 u s e 30Ia 
note. 
(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, 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 sec-
tion 301a (b) of that title, as added by this Act, is equal to or 
greater than the amount he was receiving under that sec-
tion 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 0-7 or above during the 36-month period 
following the effective date of this Act 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, notwithstanding the provi-
sions 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 0-7 on the 
effective date of this Act, or is promoted to the pay grade 0-7 
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. 
SEC. 5. A yearly report containing such data as necessary to monitor 
the progress of this bill shall be made by the Department of Defense 
in cooperation with the Senate and House Armed Services Committees 
and released publicly. 
SEC. 6. This Act becomes effective on the first day of the first 
month after enactment. 
Approved May 31, 1974. 
May 31, 1974 
[S.3072] 
Public Law 93-295 
AN ACT 
To amend title 38, United States Code, to increase tlie rates of disability com-
pensation for disabled veterans; to increase the rates of dependency and indem-
nity compensation for their survivors; and for other purposes. 
Veterans Dis-
ability Compen-
sation and Survi-
vor Benefits Act 
of 1974. 
38 u s e 314 
note. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Veterans Disability Compensation and Survivor Bene-
fits Act of 1974".