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37 U.S.C. § 334a — Special aviation incentive pay and bonus authorities: enlisted members who operate remotely piloted aircraft
Federal law — U.S. Code and appendices · legal_authorities
**(a) Aviation Incentive Pay.—**
(1) **Incentive pay authorized.—** — The Secretary concerned may pay aviation incentive pay under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(A) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under 206 of this title;
(B) is designated as a remotely piloted aircraft pilot, or is in training leading to such a designation;
(C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;
(D) engages in or remains in aviation service for a specified period; and
(E) meets such other criteria as the Secretary concerned determines appropriate.
(2) **Enlisted members not currently engaged in flying duty.—** — The Secretary concerned may pay aviation incentive pay under this section to an enlisted member who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under [section 374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section374&num=0&edition=prelim), that payment of aviation pay to that enlisted member is in the best interests of the service.
**(b) Aviation Bonus.—** The Secretary concerned may pay an aviation bonus under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(1) is entitled to aviation incentive pay under subsection (a);
(2) is within one year of completing the enlistment of the member;
(3) reenlists or voluntarily extends the enli
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Source file: Laws/federal/codes/united-states-code/title-37/section-334a-special-aviation-incentive-pay-and-bonus-authorities-enlisted-members-wh--3ea42ef853.md
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Source location: Title 37, Chapter 5, § 334a; chapter-005-special-and-incentive-pays.md
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**(a) Aviation Incentive Pay.—**
(1) **Incentive pay authorized.—** — The Secretary concerned may pay aviation incentive pay under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(A) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under 206 of this title;
(B) is designated as a remotely piloted aircraft pilot, or is in training leading to such a designation;
(C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;
(D) engages in or remains in aviation service for a specified period; and
(E) meets such other criteria as the Secretary concerned determines appropriate.
(2) **Enlisted members not currently engaged in flying duty.—** — The Secretary concerned may pay aviation incentive pay under this section to an enlisted member who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under [section 374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section374&num=0&edition=prelim), that payment of aviation pay to that enlisted member is in the best interests of the service.
**(b) Aviation Bonus.—** The Secretary concerned may pay an aviation bonus under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(1) is entitled to aviation incentive pay under subsection (a);
(2) is within one year of completing the enlistment of the member;
(3) reenlists or voluntarily extends the enlistment of the member—
(A) for a period of at least one year; or
(B) in the case of an enlisted member serving pursuant to an indefinite reenlistment, executes a written agreement—
(i) to remain on active duty for a period of at least one year; or
(ii) to remain in an active status in a reserve component for a period of at least one year; and
(4) meets such other criteria as the Secretary concerned determines appropriate.
**(c) Maximum Amount and Method of Payment.—**
(1) **Maximum amount.—** — The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that—
(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,000 per month; and
(B) an aviation bonus under subsection (b) may not exceed $35,000 for each 12-month period of obligated service agreed to under subsection (d).
(2) **Lump sum or installments.—** — A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.
(3) **Fixing bonus amount.—** — Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.
**(d) Written Agreement for Bonus.—** To receive an aviation bonus under this section, an enlisted member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—
(1) the amount of the bonus;
(2) the method of payment of the bonus under subsection (c)(2);
(3) the period of obligated service; and
(4) the type or conditions of the service.
**(e) Reserve Component Enlisted Members Performing Inactive Duty Training.—** An enlisted member of reserve component who is entitled to compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the compensation received under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) for inactive-duty training.
**(f) Relationship to Other Pay and Allowances.—**
(1) **Aviation incentive pay.—** — Aviation incentive pay paid to an enlisted member under subsection (a) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a payment under such subsection and section 351(a)(2) or 353(a) of this title for the same skill and period of service.
(2) **Aviation bonus.—** — An aviation bonus paid to an enlisted member under subsection (b) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a bonus payment under such subsection and section 331 or 353(b) of this title for the same skill and period of service.
**(g) Repayment.—** An enlisted member who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section373&num=0&edition=prelim).
**(h) Definitions.—** In this section:
(1) **Aviation service.—** — The term “aviation service” means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible enlisted member who is a remotely piloted aircraft pilot.
(2) **Operational flying duty.—** — The term “operational flying duty” means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which basic flying skills are normally maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to designation as a remotely piloted aircraft pilot by the Secretary concerned.
(3) **Proficiency flying duty.—** — The term “proficiency flying duty” means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.
**(i) Termination of Authority.—** No agreement may be entered into under this section after December 31, 2018.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32.
**(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
**(c)**
(1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit.
(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph.
(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 204
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force who is not entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), is entitled to compensation, at the rate of 1⁄30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay—
(1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday;
(2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe;
(3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated—
(A) in line of duty while performing—
(i) active duty; or
(ii) inactive-duty training;
(B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or
(C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or
(4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 206
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter and subchapter II shall be administered under regulations prescribed by—
(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense;
(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy;
(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and
(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 374
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Repayment and Termination.—** Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member’s satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.
**(b) Exceptions.—**
(1) **Discretion to provide exception to termination and repayment requirements.—** — Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(2) **Special rule for deceased and disabled members.—**
(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned—
(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incen
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 373
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Federal law — U.S. Code and appendices · legal_authorities
Page 134
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 334a
110–417, [div. A], title VI, § 618(b), Oct. 14, 2008,
122 Stat. 4486; Pub. L. 111–84, div. A, title VI,
§ 614(4), Oct. 28, 2009, 123 Stat. 2353; Pub. L.
111–383, div. A, title VI, § 614(4), Jan. 7, 2011, 124
Stat. 4237; Pub. L. 112–81, div. A, title VI, § 614(4),
Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div.
A, title VI, § 614(4), Jan. 2, 2013, 126 Stat. 1777;
Pub. L. 113–66, div. A, title VI, § 614(4), Dec. 26,
2013, 127 Stat. 781; Pub. L. 113–291, div. A, title
VI, § 614(4), Dec. 19, 2014, 128 Stat. 3400; Pub. L.
114–92, div. A, title VI, §§ 614(4), 617(a)–(d), Nov.
25, 2015, 129 Stat. 839, 840; Pub. L. 114–328, div. A,
title VI, §§ 614(4), 616, Dec. 23, 2016, 130 Stat. 2158,
2159; Pub. L. 115–91, div. A, title VI, § 614(4), Dec.
12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A,
title VI, § 611(d)(3), title VIII, § 809(m)(3), Aug. 13,
2018, 132 Stat. 1797, 1843; Pub. L. 116–92, div. A,
title VI, § 611(d)(3), Dec. 20, 2019, 133 Stat. 1426;
Pub. L. 116–283, div. A, title VI, § 611(d)(3), Jan. 1,
2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title
VI, § 611(d)(3), Dec. 27, 2021, 135 Stat. 1769; Pub. L.
117–263, div. A, title VI, §§ 601(d)(3), 602(c), Dec.
23, 2022, 136 Stat. 2619, 2620; Pub. L. 118–31, div. A,
title VI, § 613(d)(3), Dec. 22, 2023, 137 Stat. 291;
Pub. L. 118–159, div. A, title VI, § 611(d)(3), Dec.
23, 2024, 138 Stat. 1932.)
Editorial Notes
AMENDMENTS
2024—Subsec. (i). Pub. L. 118–159 substituted ‘‘Decem-
ber 31, 2025’’ for ‘‘December 31, 2024’’.
2023—Subsec. (i). Pub. L. 118–31 substituted ‘‘Decem-
ber 31, 2024’’ for ‘‘December 31, 2023’’.
2022—Subsec. (c)(1)(A). Pub. L. 117–263, § 602(c)(1), sub-
stituted ‘‘$1,500’’ for ‘‘$1,000’’.
Subsec. (c)(1
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 334a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.