37 U.S.C. § 335 — Special bonus and incentive pay authori-

Page 135 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 335 erwise qualified for such pay but who is not currently engaged in the performance of oper- ational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment of aviation pay to that enlisted mem- ber 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 com- ponent of a uniformed service who— (1) is entitled to aviation incentive pay under subsection (a); (2) is within one year of completing the en- listment of the member; (3) reenlists or voluntarily extends the en- listment of the member— (A) for a period of at least one year; or (B) in the case of an enlisted member serv- ing 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 re- serve component for a period of at least one year; and (4) meets such other criteria as the Sec- retary concerned determines appropriate. (c) MAXIMUM AMOUNT AND METHOD OF PAY- MENT.— (1) MAXIMUM AMOUNT.—The Secretary con- cerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that— (A) aviation incentive pay under sub- section (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 pe- riod of obligated service agreed to under sub- section (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 re- ceive 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 en- listed member of reserve component who is enti- tled to compensation under section 206 of this title and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the com- pensation received under section 206 of this title for inactive-duty training. (f) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.— (1) AVIATION INCENTIVE PAY.—Aviation incen- tive pay paid to an enlisted member under subsection (a) shall be in addition to any other pay and allowance to which the enlisted mem- ber is entitled, except that an enlisted member may not receive a payment under such sub- section 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 al- lowance to which the enlisted member is enti- tled, except that an enlisted member may not receive a bonus payment under such sub- section and section 331 or 353(b) of this title for the same skill and period of service. (g) REPAYMENT.—An enlisted member who re- ceives 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 pe- riod of service for which the incentive pay or bonus is paid, as specified in the written agree- ment under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title. (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 per- formed 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 per- formed 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 De- cember 31, 2018. (Added Pub. L. 115–91, div. A, title VI, § 617(a), Dec. 12, 2017, 131 Stat. 1424.) § 335. Special bonus and incentive pay authori- ties for officers in health professions (a) HEALTH PROFESSIONS BONUS.—The Sec- retary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health pro- fession and who— Page 136 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 335 (1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a re- serve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession; (2) accepts a commission or appointment as an officer and whose health profession spe- cialty is designated by the Secretary of De- fense as a critically short wartime specialty; or (3) agrees to remain on active duty or con- tinue serving in an active status in a reserve component in a health profession. (b) HEALTH PROFESSIONS INCENTIVE PAY.—The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who— (1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and (2) is serving on active duty or in an active status in a designated health profession spe- cialty or skill. (c) BOARD CERTIFICATION INCENTIVE PAY.—The Secretary concerned may pay board certifi- cation incentive pay under this section to an of- ficer in a regular or reserve component of a uni- formed service who— (1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; (2) is board certified in a designated health profession specialty or skill; and (3) is serving on active duty or in an active status in such designated health profession specialty or skill. (d) ADDITIONAL ELIGIBILITY CRITERIA.—The Secretary concerned may impose such addi- tional criteria for the receipt of a bonus or in- centive pay under this section as the Secretary determines to be appropriate. (e) MAXIMUM AMOUNT AND METHOD OF PAY- MENT.— (1) MAXIMUM AMOUNT.—The Secretary con- cerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that— (A) a health professions bonus paid under paragraph (1) of subsection (a) may not ex- ceed $100,000 for each 12-month period of ob- ligated service agreed to under subsection (f); (B) a health professions bonus paid under paragraph (2) of subsection (a) may not ex- ceed $200,000 for each 12-month period of ob- ligated service agreed to under subsection (f); (C) a health professions bonus paid under paragraph (3) of subsection (a) may not ex- ceed $150,000 for each 12-month period of ob- ligated service agreed to under subsection (f); (D) health professions incentive pay under subsection (b) may be paid monthly and may not exceed, in any 12-month period— (i) $200,000 for medical officers and dental officers; and (ii) $50,000 for officers in other health professions; and (E) board certification incentive pay under subsection (c) may not exceed $15,000 for each 12-month period an officer remains cer- tified in the designated health profession specialty or skill. (2) LUMP SUM OR INSTALLMENTS.—A health professions bonus under subsection (a) may be paid in a lump sum or in periodic install- ments, as determined by the Secretary con- cerned. Board certification incentive pay under subsection (c) may be paid monthly, in a lump sum at the beginning of the certifi- cation period, or in periodic installments dur- ing the certification period, as determined by the Secretary concerned. (3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the health professions bonus to be paid under the agreement shall be fixed. (f) WRITTEN AGREEMENT FOR BONUS.—To re- ceive a bonus under this section, an officer de- termined 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 (e)(2); (3) the period of obligated service; (4) whether the service will be performed on active duty or in an active status in a reserve component; and (5) the type or conditions of the service. (g) RESERVE COMPONENT OFFICERS.—An officer in a reserve component authorized incentive pay under subsection (b) or (c) who is not serving on continuous active duty and is entitled to com- pensation under section 204 of this title or com- pensation under section 206 of this title may be paid a monthly amount of incentive pay that is proportionate to the basic pay or compensation received under this title. (h) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.— (1) HEALTH PROFESSIONS BONUS.—A bonus paid to a person or officer under subsection (a) shall be in addition to any other pay and al- lowance to which the person or officer is enti- tled, except that a person or officer may not receive a payment under such subsection and section 332 of this title for the same period of obligated service. (2) HEALTH PROFESSIONS INCENTIVE PAY.—In- centive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, ex- cept that an officer may not receive a pay- ment under such subsection and section 353 of this title for the same skill and period of serv- ice. (3) BOARD CERTIFICATION INCENTIVE PAY.—In- centive pay paid to an officer under subsection (c) shall be in addition to any other pay and allowance to which an officer is entitled, ex- cept that an officer may not receive a pay- ment under such subsection and section 353(b) Page 137 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 335 1 See Change of Name note below. of this title for the same skill and period of service covered by the certification. (i) REPAYMENT.—An officer who receives a bonus or incentive pay under this section and who fails to fulfill the eligibility requirements for the receipt of the bonus or incentive pay or complete the period of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (f) in the case of a bonus, shall be subject to the re- payment provisions of section 373 of this title. (j) HEALTH PROFESSION DEFINED.—In this sec- tion, the term ‘‘health profession’’ means the following: (1) Any health profession performed by offi- cers in the Medical Corps of a uniformed serv- ice or by officers designated as a medical offi- cer. (2) Any health profession performed by offi- cers in the Dental Corps of a uniformed service or by officers designated as a dental officer. (3) Any health profession performed by offi- cers in the Medical Service Corps of a uni- formed service or by officers designated as a medical service officer or biomedical sciences officer. (4) Any health profession performed by offi- cers in the Medical Specialist Corps of a uni- formed service or by officers designated as a medical specialist. (5) Any health profession performed by offi- cers of the Nurse Corps of a uniformed service or by officers designated as a nurse. (6) Any health profession performed by offi- cers in the Veterinary Corps of a uniformed service or by officers designated as a veteri- nary officer. (7) Any health profession performed by offi- cers designated as a physician assistant. (8) Any health profession performed by offi- cers in the regular or reserve corps 1 of the Public Health Service. (k) TERMINATION OF AUTHORITY.—No agree- ment may be entered into under this section after December 31, 2025. (Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 169; amended Pub. L. 110–417, [div. A], title VI, § 618(c), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 111–84, div. A, title VI, § 614(5), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 614(5), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 614(5), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 614(5), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 614(5), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 614(5), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 614(5), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(5), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 614(5), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(d)(4), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(4), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §§ 611(d)(4), 612(a)–(e), Jan. 1, 2021, 134 Stat. 3673, 3674; Pub. L. 117–81, div. A, title VI, § 611(d)(4), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(d)(4), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 118–31, div. A, title VI, § 613(d)(4), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118–159, div. A, title VI, § 611(d)(4), Dec. 23, 2024, 138 Stat. 1932.) Editorial Notes AMENDMENTS 2024—Subsec. (k). Pub. L. 118–159 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Subsec. (k). Pub. L. 118–31 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2023’’. 2022—Subsec. (k). Pub. L. 117–263 substituted ‘‘Decem- ber 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (e)(1)(A). Pub. L. 116–283, § 612(a), sub- stituted ‘‘$100,000’’ for ‘‘$30,000’’. Subsec. (e)(1)(B). Pub. L. 116–283, § 612(b), substituted ‘‘$200,000’’ for ‘‘$100,000’’. Subsec. (e)(1)(C). Pub. L. 116–283, § 612(c), substituted ‘‘$150,000’’ for ‘‘$75,000’’. Subsec. (e)(1)(D)(i). Pub. L. 116–283, § 612(d)(1), sub- stituted ‘‘$200,000’’ for ‘‘$100,000’’. Subsec. (e)(1)(D)(ii). Pub. L. 116–283, § 612(d)(2) sub- stituted ‘‘$50,000’’ for ‘‘$15,000’’. Subsec. (e)(1)(E). Pub. L. 116–283, § 612(e), substituted ‘‘$15,000’’ for ‘‘$6,000’’. Subsec. (k). Pub. L. 117–81 substituted ‘‘December 31, 2022’’ for ‘‘December 31, 2021’’. Pub. L. 116–283, § 611(d)(4), substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’. 2019—Subsec. (k). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (k). Pub. L. 115–232 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (k). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (k). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (k). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (k). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (k). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (k). Pub. L. 112–81 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (k). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (e)(1)(D)(i). Pub. L. 110–417 substituted ‘‘dental officers’’ for ‘‘dental surgeons’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title VI, § 612(f), Jan. 1, 2021, 134 Stat. 3674, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to special bonus and incentive pays payable under section 335 of title 37, United States Code, pursu- ant to agreements entered into under that section on or after the date of the enactment of this Act [Jan. 1, 2021].’’ TARGETED BONUS AUTHORITY TO INCREASE DIRECT ACCESSIONS Pub. L. 110–417, [div. A], title VI, § 620(a), Oct. 14, 2008, 122 Stat. 4489, provided that: Page 138 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 336 ‘‘(1) DESIGNATION OF CRITICALLY SHORT WARTIME HEALTH SPECIALTIES.—For purposes of section 335 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 169), the following health professions are designated as a critically short wartime specialty under subsection (a)(2) of such sec- tion: ‘‘(A) Psychologists who have been awarded a di- ploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully li- censed and such other mental health practitioners as the Secretary concerned determines to be necessary. ‘‘(B) Registered nurses. ‘‘(2) SPECIAL AGREEMENT AUTHORITY.—Under the au- thority provided by this section [enacting this note and section 302c–1 of this title], the Secretary concerned may enter into an agreement under subsection (f) of section 335 of title 37, United States Code, to pay a health professions bonus under such section to a person who accepts a commission or appointment as an officer and whose health profession specialty is specified in paragraph (1) of this subsection. ‘‘(3) SECRETARY CONCERNED DEFINED.—In this sub- section, the term ‘Secretary concerned’ has the mean- ing given that term in section 101(5) of title 37, United States Code. ‘‘(4) EFFECTIVE PERIOD.—The designations made by this subsection and the authority to enter into an agreement under paragraph (2) of this subsection expire on September 30, 2010.’’ § 336. Contracting bonus for cadets and mid- shipmen enrolled in the Senior Reserve Offi- cers’ Training Corps (a) CONTRACTING BONUS AUTHORIZED.—The Sec- retary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers’ Training Corps who exe- cutes a written agreement described in sub- section (c). (b) AMOUNT OF BONUS.—The amount of a bonus under subsection (a) may not exceed $5,000. (c) AGREEMENT.—A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman— (1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10; (2) to complete advanced training under chapter 103 of title 10; (3) to accept a commission or appointment as an officer of the armed forces; and (4) to serve on active duty. (d) PAYMENT METHOD.—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments. (e) REPAYMENT.—A person who, having re- ceived all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for re- ceipt of the bonus shall be subject to the repay- ment provisions of section 373 of this title. (f) REGULATIONS.—The Secretary concerned shall issue such regulations as may be necessary to carry out this section. (g) TERMINATION OF AUTHORITY.—No agree- ment under this section may be entered into after December 31, 2025. (Added Pub. L. 113–66, div. A, title VI, § 617(a), Dec. 26, 2013, 127 Stat. 781; amended Pub. L. 113–291, div. A, title VI, § 614(6), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 614(6), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(6), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 614(6), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(d)(5), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(5), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(d)(5), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(d)(5), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(d)(5), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 118–31, div. A, title VI, § 613(d)(5), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118–159, div. A, title VI, § 611(d)(5), Dec. 23, 2024, 138 Stat. 1932.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–159 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Subsec. (g). Pub. L. 118–31 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2023’’. 2022—Subsec. (g). Pub. L. 117–263 substituted ‘‘Decem- ber 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (g). Pub. L. 117–81 substituted ‘‘Decem- ber 31, 2022’’ for ‘‘December 31, 2021’’. Pub. L. 116–283 substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’. 2019—Subsec. (g). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (g). Pub. L. 115–232 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (g). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (g). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (g). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (g). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. § 351. Hazardous duty pay (a) HAZARDOUS DUTY PAY.—The Secretary con- cerned may pay hazardous duty pay under this section to a member of a regular or reserve com- ponent of the uniformed services entitled to basic pay under section 204 of this title or com- pensation under section 206 of this title who— (1) performs duty in a hostile fire area des- ignated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical in- jury; (2) performs duty designated by the Sec- retary concerned as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; or (3) performs duty in a foreign area des- ignated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat condi- tions. (b) MAXIMUM AMOUNT.—The amount of haz- ardous duty pay paid to a member under sub- section (a) shall be based on the type of duty and the area in which the duty is performed, as fol- lows: