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 VI, §§ 614(3), 616, Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(3), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 614(3), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(c), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(c), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(c), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(c), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§ 601(c), 602(b), Dec. 23, 2022, 136 Stat. 2619, 2620; Pub. L. 118–31, div. A, title VI, § 613(c), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118–159, div. A, title VI, § 611(c), 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. (d)(1)(A). Pub. L. 117–263, § 602(b), sub- stituted ‘‘$75,000’’ for ‘‘$50,000’’. Subsec. (i). Pub. L. 117–263, § 601(c), substituted ‘‘De- cember 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (i). 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. (i). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (i). Pub. L. 115–232 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (i). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (i). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (d)(1)(A). Pub. L. 114–92, § 616, sub- stituted ‘‘$50,000’’ for ‘‘$35,000’’. Subsec. (i). Pub. L. 114–92, § 614(3), substituted ‘‘De- cember 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (i). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (i). 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. (i). 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. (i). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsecs. (a)(2), (b)(2). Pub. L. 110–417 struck out ‘‘and operational’’ after ‘‘current technical’’. § 334. Special aviation incentive pay and bonus authorities for officers (a) AVIATION INCENTIVE PAY.— (1) INCENTIVE PAY AUTHORIZED.—The Sec- retary concerned may pay aviation incentive pay under this section to an officer in a reg- ular or reserve component of a uniformed serv- ice who— (A) is entitled to basic pay under section 204 of this title or compensation under sec- tion 206 of this title; (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 oper- ational flying duty or proficiency flying duty; (D) engages in or remains in aviation serv- ice for a specified period; and (E) meets such other criteria as the Sec- retary concerned determines appropriate. (2) OFFICERS NOT CURRENTLY ENGAGED IN FLY- ING 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 per- formance of operational flying duty or pro- ficiency flying duty if the Secretary deter- mines, under regulations prescribed under sec- tion 374 of this title, that payment of aviation incentive pay to that officer is in the best in- terests of the service. (b) AVIATION BONUS.—The Secretary concerned may pay an aviation bonus under this section to an officer in a regular or reserve component 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 avi- ator training or is within one year of com- pleting 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 compo- nent in aviation service for at least one year; and Page 133 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 334 (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 $1,500 per month; and (B) an aviation bonus under subsection (b) may not exceed $50,000 for each 12-month pe- riod of obligated service agreed to under sub- section (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 re- quired to be paid under such agreements in order to address anticipated manning short- falls for such fiscal year by aircraft type cat- egory. (B) BUDGET JUSTIFICATION DOCUMENTS.— The budget justification documents in sup- port of the budget of the President for a fis- cal year (as submitted to Congress pursuant to section 1105 of title 31) shall set forth for each uniformed service the following: (i) The amount requested for the pay- ment of aviation bonuses under subsection (b) using amounts authorized to be appro- priated for the fiscal year concerned by aircraft type category. (ii) The business case analysis sup- porting the amount so requested by air- craft 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 ad- dress 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 re- ceive an aviation officer bonus under this sec- tion, 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) RESERVE COMPONENT OFFICERS PERFORMING INACTIVE DUTY TRAINING.—A reserve component officer who is entitled 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 pro- portionate to the compensation received under section 206 for inactive-duty training. (f) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.— (1) AVIATION INCENTIVE PAY.—Aviation incen- tive pay paid to an officer under subsection (a) shall be in addition to any other pay and al- lowance 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 of- ficer 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 serv- ice. (g) REPAYMENT.—An officer who receives avia- tion incentive pay or an aviation bonus under this section and who fails to fulfill the eligi- bility requirements for the receipt of the incen- tive pay or bonus or complete the period of serv- ice for which the incentive pay or bonus is paid, as specified in the written agreement under sub- section (d) in the case of a bonus, shall be sub- ject to the repayment provisions of section 373 of this title. (h) DEFINITIONS.—In this section: (1) The term ‘‘aviation service’’ means serv- ice performed by an officer in a regular or re- serve component while holding an aero- nautical 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 or- ders by rated or designated regular or reserve component officers while serving in assign- ments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary con- cerned, and flying performed by members in training that leads to the award of an aero- nautical rating or designation. (3) The term ‘‘proficiency flying duty’’ means flying performed under competent or- ders by rated or designated regular or reserve component officers while serving in assign- ments 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. (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. 167; amended Pub. L. 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)(B). Pub. L. 117–263, § 602(c)(2), sub- stituted ‘‘$50,000’’ for ‘‘$35,000’’. Subsec. (i). Pub. L. 117–263, § 601(d)(3), substituted ‘‘December 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (i). 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. (i). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (h)(4). Pub. L. 115–232, § 809(m)(3), sub- stituted ‘‘section 8411 of title 10’’ for ‘‘section 6911 of title 10’’. Subsec. (i). Pub. L. 115–232, § 611(d)(3), substituted ‘‘December 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (i). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (c)(1)(A), (B). Pub. L. 114–328, § 616(a), added subpars. (A) and (B) and struck out former sub- pars. (A) and (B) which read as follows: ‘‘(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate, not to exceed— ‘‘(i) $1,000 per month for officers performing quali- fying flying duty relating to remotely piloted air- craft (RPA); or ‘‘(ii) $850 per month for officers performing other qualifying flying duty; and ‘‘(B) an aviation bonus under subsection (b) may not exceed, for each 12-month period of obligated service agreed to under subsection (d)— ‘‘(i) $35,000 for officers performing qualifying flying duty relating to remotely piloted aircraft; or ‘‘(ii) $25,000 for officers performing other qualifying flying duty.’’ Subsec. (c)(2) to (4). Pub. L. 114–328, § 616(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (i). Pub. L. 114–328, § 614(4), substituted ‘‘De- cember 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (a). Pub. L. 114–92, § 617(a), designated existing provisions as par. (1) and inserted heading, re- designated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1) and realigned margins, and added par. (2). Subsec. (c)(1)(A). Pub. L. 114–92, § 617(c)(1), substituted ‘‘exceed—’’ for ‘‘exceed $850 per month; and’’ and added cls. (i) and (ii). Subsec. (c)(1)(B). Pub. L. 114–92, § 617(c)(2), substituted ‘‘, for each 12-month period of obligated service agreed to under subsection (d)—’’ for ‘‘$25,000 for each 12- month period of obligated service agreed to under sub- section (d).’’ and added cls. (i) and (ii). Subsec. (f)(1). Pub. L. 114–92, § 617(d)(1), substituted ‘‘353(a)’’ for ‘‘353’’. Subsec. (f)(2). Pub. L. 114–92, § 617(d)(2), substituted ‘‘a bonus payment’’ for ‘‘a payment’’ and ‘‘353(b)’’ for ‘‘353’’. Subsec. (h)(1). Pub. L. 114–92, § 617(b), struck out ‘‘(ex- cept a flight surgeon or other medical officer)’’ after ‘‘regular or reserve component’’. Subsec. (i). Pub. L. 114–92, § 614(4), substituted ‘‘De- cember 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (i). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (i). 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. (i). 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. (i). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (f)(1). Pub. L. 110–417 substituted ‘‘sec- tion 351(a)(2)’’ for ‘‘section 351’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 809(m)(3) of Pub. L. 115–232 ef- fective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesigna- tions, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 334a. Special aviation incentive pay and bonus authorities: enlisted members who operate remotely piloted aircraft (a) AVIATION INCENTIVE PAY.— (1) INCENTIVE PAY AUTHORIZED.—The Sec- retary concerned may pay aviation incentive pay under this section to an enlisted member in a regular or reserve component of a uni- formed service who— (A) is entitled to basic pay under section 204 of this title or compensation under 206 of this title; (B) is designated as a remotely piloted air- craft pilot, or is in training leading to such a designation; (C) engages in, or is in training leading to, frequent and regular performance of oper- ational flying duty or proficiency flying duty; (D) engages in or remains in aviation serv- ice for a specified period; and (E) meets such other criteria as the Sec- retary concerned determines appropriate. (2) ENLISTED MEMBERS NOT CURRENTLY EN- GAGED IN FLYING DUTY.—The Secretary con- cerned may pay aviation incentive pay under this section to an enlisted member who is oth-