AVIATION CAREER INCENTIVE PAY

SEC. 631. AVIATION CAREER INCENTIVE PAY (a) Entitlement Requirements.—Subsection (a)(4) of section 301a of title 37, United States Code, is amended— (1) by striking out “6 of the first 12, and 11 of the first 18 years of his aviation service.” in the first sentence and inserting in lieu thereof “9 of the first 12, and 12 of the first 18 years of the aviation service of the officer.”; (2) by striking out “at least 9 but less than 11 of the first 18 years of his aviation service, he” in the second sentence and inserting in lieu thereof “at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer”; and (3) by striking out “his officer service” in the second sentence and inserting in lieu thereof “the officer’s service as an officer”. (b) Waiver of Entitlement Requirements by the Secretary Concerned.— Subsection (a)(5) of such section is amended by inserting after the first sentence the following new 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.”. (c) Monthly Rates.— (1) Subsection (b)(1) of such section is amended— (A) by striking out “400” in the portion of the table designated as Phase I and inserting in lieu thereof “650”; and (B) by striking out the portion of the table designated as Phase II and inserting in lieu thereof the following: “Phase II “Years of service as an officer: Monthly rate: Over 18 $585 Over 20 495 Over 22 385 Over 25 250”. (2) Subsection (b)(2) of such section is amended by striking out “400” in the table and inserting in lieu thereof “650”. 103 STAT. 1450 (d) Report on Number of Officers Receiving a Waiver.—Such section is further amended by adding at the end the following new subsection: (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 per-form 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).”. (e) Effective Date.— (1) Except as provided in paragraph (2), the amendments made— (A) by subsection (c) shall take effect on the date of the enactment of this Act; and (B) by subsections (a), (b), and (d) 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. 103 STAT. 1451 TABLE COLUMN 1 COLUMN 2 COLUMN 3 Number of years of aviation service Number of years performing operational flying duty Entitlement to continuous monthly incentive pay through the following year of officer service 6 or more At least 6 of the first 12 years of aviation service 18 6 or more At least 9 of the first 11 years of aviation service 22 6 or more At least 6 of the first 12 and at least 11 of the first 18 years of aviation service 25 At least 6 but less than 12 Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service 18 At least 12 but less than 18 Less than 9 and subsequently completes 9 of the first 18 years of aviation service 22 At least 12 but less than 18 Less than 11 and subsequently completes 11 of the first 18 years of aviation service 25 (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.