37 U.S.C. § 333 — Special bonus and incentive pay authori-

Page 131 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 333 title VI, § 611(d)(2), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(2), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(d)(2), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(d)(2), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(d)(2), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 118–31, div. A, title VI, § 613(d)(2), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118–159, div. A, title VI, § 611(d)(2), 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. (c)(1)(B). Pub. L. 114–328, § 617, sub- stituted ‘‘$20,000’’ for ‘‘$12,000’’. Subsec. (g). Pub. L. 114–328, § 614(2), substituted ‘‘De- cember 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’’. 2013—Subsec. (g). 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. (g). 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. (g). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. § 333. Special bonus and incentive pay authori- ties for nuclear officers (a) NUCLEAR OFFICER BONUS.—The Secretary of the Navy may pay a nuclear officer bonus under this section to a person, including an officer in the Navy, who— (1) is selected for the officer naval nuclear power training program in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to serve, upon completion of such training, on active duty in connection with the super- vision, operation, and maintenance of naval nuclear propulsion plants; or (2) has the current technical qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to remain on ac- tive duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. (b) NUCLEAR OFFICER INCENTIVE PAY.—The Secretary of the Navy may pay nuclear officer incentive pay under this section to an officer in the Navy who— (1) is entitled to basic pay under section 204 of this title; and (2) remains on active duty for a specified pe- riod while maintaining current technical qualifications, as approved by the Secretary, for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. (c) ADDITIONAL ELIGIBILITY CRITERIA.—The Secretary of the Navy may impose such addi- tional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay under this section as the Secretary determines to be appro- priate. (d) MAXIMUM AMOUNT AND METHOD OF PAY- MENT.— (1) MAXIMUM AMOUNT.—The Secretary of the Navy shall determine the amounts of a nu- clear officer bonus or nuclear officer incentive pay to be paid under this section, except that— (A) a nuclear officer bonus paid under sub- section (a) may not exceed $75,000 for each 12-month period of the agreement under sub- section (e); and (B) the amount of nuclear officer incentive paid under subsection (b) may not exceed $25,000 for each 12-month period of qualifying service. (2) LUMP SUM OR INSTALLMENTS.—A nuclear officer bonus or nuclear officer incentive pay under this section may be paid in a lump sum or in periodic installments. (3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (e), the total amount of the nuclear officer bonus to be paid under the agreement shall be fixed. (e) WRITTEN AGREEMENT FOR BONUS.— (1) AGREEMENT REQUIRED.—To receive a nu- clear officer bonus under subsection (a), a per- son or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary of the Navy that specifies— (A) the amount of the bonus; (B) the method of payment of the bonus under subsection (d)(2); (C) the period of obligated service; and (D) the type or conditions of the service. (2) REPLACEMENT AGREEMENT.—An officer who is performing obligated service under an agreement for a nuclear officer bonus may execute a new agreement to replace the exist- ing agreement if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agree- ment. The period of the new agreement shall be equal to or exceed the remaining term of the period of the officer’s existing agreement. If a new agreement is executed under this paragraph, the existing agreement shall be cancelled, effective on the day before an anni- versary date of the existing agreement occur- ring after the date on which the amount to be paid under this paragraph is increased. (f) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.—A nuclear officer bonus or nuclear offi- cer incentive pay paid to a person or officer 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