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

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- 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—