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37 U.S.C. § 334 — Special aviation incentive pay and bonus authorities for officers

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 334 — Special aviation incentive pay and bonus authorities for officers

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Source file: Laws/federal/codes/united-states-code/title-37/section-334-special-aviation-incentive-pay-and-bonus-authorities-for-officers--16526426ff.md
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Source location: Title 37, Chapter 5, § 334; 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 officer 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 [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim); (B) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty; (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) **Officers not currently engaged in flying duty.—** — The Secretary concerned may pay aviation incentive pay under this section to an officer 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 incentive pay to that officer is in the best interests of the service. **(b) Aviation Bonus.—** The Secretary concerned may pay an aviation bonus under this section to an officer of a uniformed service who— (1) is entitled to aviation incentive pay under subsection (a); (2) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment; (3) executes a written agreement to remain on active duty in a regular component or to serve in an active status in a reserve component, or, in the case of an officer of the Space Force, to remain in space force active status in aviation service for 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 $1,500 per month; and (B) an aviation bonus under subsection (b) may not exceed $50,000 for each 12-month period of obligated service agreed to under subsection (d). (2) **Annual business case for payment of aviation bonus amounts.—** (A) *In general.—* — The Secretary concerned shall determine the amount of the aviation bonus payable under paragraph (1)(B) under agreements entered into under subsection (d) during a fiscal year solely through a business case analysis of the amount required to be paid under such agreements in order to address anticipated manning shortfalls for such fiscal year by aircraft type category. (B) *Budget justification documents.—* — The budget justification documents in support of the budget of the President for a fiscal year (as submitted to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim)) shall set forth for each uniformed service the following: (i) The amount requested for the payment of aviation bonuses under subsection (b) using amounts authorized to be appropriated for the fiscal year concerned by aircraft type category. (ii) The business case analysis supporting the amount so requested by aircraft type category. (iii) For each aircraft type category, whether or not the amount requested will permit the payment during the fiscal year concerned of the maximum amount of the aviation bonus authorized by paragraph (1)(B). (iv) If any amount requested is to address manning shortfalls, a description of any plans of the Secretary concerned to address such shortfalls by nonmonetary means. (3) **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. (4) **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 officer bonus under this section, an officer 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) Officers Performing Inactive Duty Training.—** An officer 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 for inactive-duty training. **(f) Relationship to Other Pay and Allowances.—** (1) **Aviation incentive pay.—** — Aviation incentive pay paid to an officer under subsection (a) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer 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 officer under subsection (b) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a bonus payment under such subsection and section 332 or 353(b) of this title for the same skill and period of service. **(g) Repayment.—** An officer 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) The term “aviation service” means service performed by an officer while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation. (2) The term “operational flying duty” means flying performed under competent orders by rated or designated officers 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. (3) The term “proficiency flying duty” means flying performed under competent orders by rated or designated officers while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. (4) The term “officer” includes an individual enlisted and designated as an aviation cadet under [section 8411 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8411&num=0&edition=prelim). **(i) Termination of Authority.—** No agreement may be entered into under this section after December 31, 2026.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8411 — Aviation cadets: grade; procurement; transfer

**(a)** The grade of aviation cadet is a special enlisted grade in the naval service. Under such regulations as the Secretary of the Navy prescribes, citizens in civil life may be enlisted as, and enlisted members of the naval service with their consent may be designated as, aviation cadets. **(b)** Except in time of war or emergency declared by Congress, 20 percent of the aviation cadets procured in each fiscal year shall be procured from qualified enlisted members of the Regular Navy and the Regular Marine Corps. **(c)** No person may be enlisted or designated as an aviation cadet unless— (1) he agrees in writing that, upon his successful completion of the course of training as an aviation cadet, he will accept a commission as an ensign in the Navy Reserve or a second lieutenant in the Marine Corps Reserve, and will serve on active duty as such for at least three years, unless sooner released; and (2) if under 21 years of age, he has the consent of his parent or guardian to his agreement. **(d)** Under such regulations as the Secretary prescribes, an aviation cadet may be transferred to another enlisted grade or rating in the naval service, released from active duty, or discharged.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8411

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 204 — Entitlement

**(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

37 U.S.C. § 206 — Reserves; members of National Guard; members of the Space Force: inactive-duty training

**(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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 374 — Regulations

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

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 373 — Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met

**(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

37 U.S.C. § 357 — Special and incentive pay authorities for members of the reserve components of the armed forces

Notwithstanding [section 1004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1004&num=0&edition=prelim), the Secretary concerned shall pay a member of the reserve component of an armed force special or incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of— (1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or (2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 357

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 334 — Special aviation incentive pay and bonus

Page 132 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 334 under this section is in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under this section and section 332 or 353 of this title for the same skill and period of service. (g) REPAYMENT.—A person or officer who re- ceives a nuclear officer bonus or nuclear officer incentive pay under this section and who fails to complete the officer naval nuclear power train- ing program, maintain required technical and operational qualifications, complete the period of service, or meet the types or conditions of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (e) in the case of a nuclear offi- cer bonus, shall be subject to the repayment provisions of section 373 of this title. (h) REGULATIONS.—This section shall be ad- ministered under regulations prescribed by the Secretary of the Navy. (i) TERMINATION OF AUTHORITY.—No agreement may be entered into under this section after De- cember 31, 2025. (Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 166; amended Pub. L. 110–417, [div. A], title VI, § 618(a), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 111–84, div. A, title VI, § 614(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 614(3), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 614(3), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 614(3), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 614(3), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 614(3), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 334

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