37 USC CHAPTER 5, SUBCHAPTER II: CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES

From Title 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICESCHAPTER 5—SPECIAL AND INCENTIVE PAYS

SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES

§331. General bonus authority for enlisted members

(a) Authority to Provide Bonus.—The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who—

(1) enlists in an armed force;

(2) enlists in or affiliates with a reserve component of an armed force;

(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve—

(A) for a specified period in a designated career field, skill, or unit of an armed force; or

(B) under other conditions of service in an armed force;

(4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force; or

(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.

(b) Service Eligibility.—A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d)—

(1) to serve for a specified period in a designated career field, skill, unit, or grade; or

(2) to meet some other condition or conditions of service imposed by the Secretary concerned.

(1) Maximum amount.—The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that—

(A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $75,000 for a minimum two-year period of obligated service agreed to under subsection (d);

(B) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component agreed to under subsection (d);

(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $15,000 for each year of obligated service in a reserve component agreed to under subsection (d); and

(D) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000.

(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.—To receive a bonus under this section, a person or 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) Relationship to Other Pay and Allowances.—A bonus paid to a person or member under this section is in addition to any other pay and allowance to which the person or member is entitled.

(f) Relationship to Prohibition on Bounties.—A bonus authorized under this section is not a bounty for purposes of section 514(a) of title 10.

(g) Repayment.—A person or member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.

(h) Termination of Authority.—No agreement may be entered into under this section after December 31, 2024.

Editorial Notes

Amendments

2023—Subsec. (h). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (c)(1)(A). Pub. L. 117–263, §602(a)(1), substituted "$75,000" for "$50,000".

Subsec. (c)(1)(B). Pub. L. 117–263, §602(a)(2), substituted "$50,000" for "$30,000".

Subsec. (h). Pub. L. 117–263, §601(d)(1), substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (h). Pub. L. 117–81 substituted "December 31, 2022" for "December 31, 2021".

Pub. L. 116–283 substituted "December 31, 2021" for "December 31, 2020".

2019—Subsec. (h). Pub. L. 116–92 substituted "December 31, 2020" for "December 31, 2019".

2018—Subsec. (h). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017—Subsec. (h). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (h). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (h). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (h). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (h). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (h). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (h). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

§332. General bonus authority for officers

(a) Authority To Provide Bonus.—The Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who—

(1) accepts a commission or appointment as an officer in a uniformed service;

(2) affiliates with a reserve component of a uniformed service;

(3) agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service;

(4) transfers from a regular component of a uniformed service to a reserve component of that same uniformed service or from a reserve component of a uniformed service to the regular component of that same uniformed service; or

(5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.

(b) Service Eligibility.—A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d)—

(1) to serve for a specified period in a designated career field, skill, unit, or grade; or

(2) to meet some other condition or conditions of service imposed by the Secretary concerned.

(1) Maximum amount.—The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that—

(A) a bonus paid under paragraph (1) of subsection (a) may not exceed $60,000 for a minimum three-year period of obligated service agreed to under subsection (d);

(B) a bonus paid under paragraph (2) of subsection (a) may not exceed $20,000 for a minimum three-year period of obligated service agreed to under subsection (d);

(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component agreed to under subsection (d);

(D) a bonus paid under paragraph (3) of subsection (a) may not exceed $12,000 for each year of obligated service in a reserve component agreed to under subsection (d); and

(E) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000.

(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.—To receive a bonus under this section, a person or 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) Relationship to Other Pay and Allowances.—The bonus paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled.

(f) Repayment.—A person or officer who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.

(g) Termination of Authority.—No agreement may be entered into under this section after December 31, 2024.

Editorial Notes

Amendments

2023—Subsec. (g). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (g). Pub. L. 117–263 substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (g). Pub. L. 117–81 substituted "December 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 "December 31, 2020" for "December 31, 2019".

2018—Subsec. (g). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017—Subsec. (g). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (c)(1)(B). Pub. L. 114–328, §617, substituted "$20,000" for "$12,000".

Subsec. (g). Pub. L. 114–328, §614(2), substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (g). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (g). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (g). Pub. L. 113–66 substituted "December 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 "December 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 "December 31, 2010" for "December 31, 2009".

§333. Special bonus and incentive pay authorities 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 supervision, 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 active 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 period 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 additional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay under this section as the Secretary determines to be appropriate.

(d) Maximum Amount and Method of Payment.—

(1) Maximum amount.—The Secretary of the Navy shall determine the amounts of a nuclear officer bonus or nuclear officer incentive pay to be paid under this section, except that—

(A) a nuclear officer bonus paid under subsection (a) may not exceed $75,000 for each 12-month period of the agreement under subsection (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 nuclear officer bonus under subsection (a), a person 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);

(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 existing agreement if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agreement. 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 anniversary date of the existing agreement occurring after the date on which the amount to be paid under this paragraph is increased.

(f) Relationship to Other Pay and Allowances.—A nuclear officer bonus or nuclear officer incentive pay paid to a person or officer 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 receives a nuclear officer bonus or nuclear officer incentive pay under this section and who fails to complete the officer naval nuclear power training 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 officer bonus, shall be subject to the repayment provisions of section 373 of this title.

(h) Regulations.—This section shall be administered under regulations prescribed by the Secretary of the Navy.

(i) Termination of Authority.—No agreement may be entered into under this section after December 31, 2024.

Editorial Notes

Amendments

2023—Subsec. (i). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (d)(1)(A). Pub. L. 117–263, §602(b), substituted "$75,000" for "$50,000".

Subsec. (i). Pub. L. 117–263, §601(c), substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (i). Pub. L. 117–81 substituted "December 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 "December 31, 2020" for "December 31, 2019".

2018—Subsec. (i). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017—Subsec. (i). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (i). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (d)(1)(A). Pub. L. 114–92, §616, substituted "$50,000" for "$35,000".

Subsec. (i). Pub. L. 114–92, §614(3), substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (i). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (i). Pub. L. 113–66 substituted "December 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 "December 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 "December 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 Secretary concerned may pay aviation incentive pay under this section to an officer in a regular or reserve component of a uniformed service who—

(A) is entitled to basic pay under section 204 of this title or compensation under section 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 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, 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 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 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 in aviation service for at least one year; and

(4) meets such other criteria as the Secretary concerned determines appropriate.

(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) 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) 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 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.

(h) Definitions.—In this section:

(1) The term "aviation service" means service performed by an officer in a regular or reserve component 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 regular or reserve component 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 regular or reserve component 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.

(i) Termination of Authority.—No agreement may be entered into under this section after December 31, 2024.

Editorial Notes

Amendments

2023—Subsec. (i). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (c)(1)(A). Pub. L. 117–263, §602(c)(1), substituted "$1,500" for "$1,000".

Subsec. (c)(1)(B). Pub. L. 117–263, §602(c)(2), substituted "$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 "December 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 "December 31, 2020" for "December 31, 2019".

2018—Subsec. (h)(4). Pub. L. 115–232, §809(m)(3), substituted "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 "December 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 subpars. (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 qualifying flying duty relating to remotely piloted aircraft (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 "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a). Pub. L. 114–92, §617(a), designated existing provisions as par. (1) and inserted heading, redesignated 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 subsection (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 "(except a flight surgeon or other medical officer)" after "regular or reserve component".

Subsec. (i). Pub. L. 114–92, §614(4), substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (i). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (i). Pub. L. 113–66 substituted "December 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 "December 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 "December 31, 2010" for "December 31, 2009".

2008—Subsec. (f)(1). Pub. L. 110–417 substituted "section 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 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, 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 Secretary concerned may pay aviation incentive pay under this section to an enlisted member in a regular or reserve component of a uniformed 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 aircraft pilot, or is in training leading to such a designation;

(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) Enlisted members not currently engaged in flying duty.—The Secretary concerned may pay aviation incentive pay under this section to an enlisted member 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, that payment of aviation pay to that enlisted member 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 component of a uniformed service who—

(1) is entitled to aviation incentive pay under subsection (a);

(2) is within one year of completing the enlistment of the member;

(3) reenlists or voluntarily extends the enlistment of the member—

(A) for a period of at least one year; or

(B) in the case of an enlisted member serving 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 reserve component for a period of at least one year; and

(4) meets such other criteria as the Secretary concerned determines appropriate.

(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 $1,000 per month; and

(B) an aviation bonus under subsection (b) may not exceed $35,000 for each 12-month period of obligated service agreed to under subsection (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 receive 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 enlisted member of reserve component 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 proportionate to the compensation received under section 206 of this title for inactive-duty training.

(f) Relationship to Other Pay and Allowances.—

(1) Aviation incentive pay.—Aviation incentive pay paid to an enlisted member under subsection (a) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member 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 enlisted member under subsection (b) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a bonus payment under such subsection and section 331 or 353(b) of this title for the same skill and period of service.

(g) Repayment.—An enlisted member 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.

(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 performed 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 performed 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 December 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 authorities for officers in health professions

(a) Health Professions Bonus.—The Secretary 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 profession and who—

(1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve 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 specialty is designated by the Secretary of Defense as a critically short wartime specialty; or

(3) agrees to remain on active duty or continue 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 specialty or skill.

(c) Board Certification Incentive Pay.—The Secretary concerned may pay board certification 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;

(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 additional criteria for the receipt of a bonus or incentive pay under this section as the Secretary determines to be appropriate.

(e) Maximum Amount and Method of Payment.—

(1) Maximum amount.—The Secretary concerned 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 exceed $100,000 for each 12-month period of obligated service agreed to under subsection (f);

(B) a health professions bonus paid under paragraph (2) of subsection (a) may not exceed $200,000 for each 12-month period of obligated service agreed to under subsection (f);

(C) a health professions bonus paid under paragraph (3) of subsection (a) may not exceed $150,000 for each 12-month period of obligated 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 certified 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 installments, as determined by the Secretary concerned. Board certification incentive pay under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during 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 receive a 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 (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 compensation under section 204 of this title or compensation 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 Allowances.—

(1) Health professions bonus.—A bonus paid to a person or officer under subsection (a) shall be 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 such subsection and section 332 of this title for the same period of obligated service.

(2) Health professions incentive pay.—Incentive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353 of this title for the same skill and period of service.

(3) Board certification incentive pay.—Incentive pay paid to an officer under subsection (c) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353(b) 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 repayment provisions of section 373 of this title.

(j) Health Profession Defined.—In this section, the term "health profession" means the following:

(1) Any health profession performed by officers in the Medical Corps of a uniformed service or by officers designated as a medical officer.

(2) Any health profession performed by officers in the Dental Corps of a uniformed service or by officers designated as a dental officer.

(3) Any health profession performed by officers in the Medical Service Corps of a uniformed service or by officers designated as a medical service officer or biomedical sciences officer.

(4) Any health profession performed by officers in the Medical Specialist Corps of a uniformed service or by officers designated as a medical specialist.

(5) Any health profession performed by officers of the Nurse Corps of a uniformed service or by officers designated as a nurse.

(6) Any health profession performed by officers in the Veterinary Corps of a uniformed service or by officers designated as a veterinary officer.

(7) Any health profession performed by officers designated as a physician assistant.

(8) Any health profession performed by officers in the regular or reserve corps ¹ of the Public Health Service.

(k) Termination of Authority.—No agreement may be entered into under this section after December 31, 2024.

Editorial Notes

Amendments

2023—Subsec. (k). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (k). Pub. L. 117–263 substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (e)(1)(A). Pub. L. 116–283, §612(a), substituted "$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), substituted "$200,000" for "$100,000".

Subsec. (e)(1)(D)(ii). Pub. L. 116–283, §612(d)(2) substituted "$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 "December 31, 2020" for "December 31, 2019".

2018—Subsec. (k). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017—Subsec. (k). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (k). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (k). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (k). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (k). Pub. L. 113–66 substituted "December 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 "December 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 "December 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 Service 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, pursuant 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:

"(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 section:

"(A) Psychologists who have been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully licensed and such other mental health practitioners as the Secretary concerned determines to be necessary.

"(B) Registered nurses.

"(2) Special agreement authority.—Under the authority 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 subsection, the term 'Secretary concerned' has the meaning 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."

¹ See Change of Name note below.

§336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps

(a) Contracting Bonus Authorized.—The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers' Training Corps who executes a written agreement described in subsection (c).

(b) Amount of Bonus.—The amount of a bonus under subsection (a) may not exceed $5,000.

(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 received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment 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 agreement under this section may be entered into after December 31, 2024.

Editorial Notes

Amendments

2023—Subsec. (g). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (g). Pub. L. 117–263 substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (g). Pub. L. 117–81 substituted "December 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 "December 31, 2020" for "December 31, 2019".

2018—Subsec. (g). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017—Subsec. (g). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (g). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (g). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (g). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

§351. Hazardous duty pay

(a) Hazardous Duty Pay.—The Secretary concerned may pay hazardous duty pay under this section to a member of a regular or reserve component of the uniformed services entitled to basic pay under section 204 of this title or compensation under section 206 of this title who—

(1) performs duty in a hostile fire area designated 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 injury;

(2) performs duty designated by the Secretary 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 designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions.

(b) Maximum Amount.—The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows:

(1) In the case of a member who performs duty in a designated hostile fire area, as described in subsection (a)(1), hazardous duty pay may not exceed $450 per month.

(2) In the case of a member who performs a designated hazardous duty, as described in subsection (a)(2), hazardous duty pay may not exceed $275 per month.

(3) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in subsection (a)(3), hazardous duty pay may not exceed $275 per month.

(1) Monthly payment.—Subject to paragraph (2), hazardous duty pay shall be paid on a monthly basis.

(2) Proration.—If a member does not satisfy the eligibility requirements specified in paragraph (1), (2), or (3) of subsection (a) for an entire month for receipt of hazardous duty pay—

(A) in the case of hazardous duty pay payable under paragraph (1) of subsection (a), the Secretary concerned—

(i) may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month; or

(ii) in the case of a member who is exposed to hostile fire or an explosion of a hostile explosive device in or for a day or portion of a day, may, at the election of the Secretary, pay the member hazardous duty pay in an amount not to exceed the entire amount of hazardous duty pay that would be payable to the member under such paragraph (1) for the month in which the duty concerned occurs (with the total amount of hazardous duty pay paid the member under this clause in any given month not to exceed such entire amount); and

(B) in the case of hazardous duty pay payable under paragraph (2) of subsection (a), the Secretary concerned—

(i) may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month; and

(ii) in the case of member ¹ who performs hazardous duty specifically designated by the Secretary concerned, shall pay the member hazardous duty pay in an amount not to exceed the maximum amount of hazardous duty pay that would be payable to the member under subsection (b)(2) for the entire month, regardless of the duration of the qualifying service.

(C) In the case of hazardous duty pay payable under paragraph (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month.

(d) Administration and Retroactive Payments.—The effective date for the designation of a hostile fire area, as described in paragraph (1) of subsection (a), and for the designation of a foreign area as an imminent danger area, as described in paragraph (3) of such subsection, may be a date that occurs before, on, or after the actual date of the designation by the Secretary concerned.

(e) Determination of Fact.—Any determination of fact that is made in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1) is conclusive. The determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determination on the basis of new evidence or for other good cause.

(f) Relationship to Other Pay and Allowances.—

(1) In addition to other pay and allowances.—A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (2) of subsection (a), or for duty in certain designated areas, as described in paragraph (1) or (3) of such subsection, that is performed by a member during a single month of service.

(2) Limitation.—A member may not receive hazardous duty pay under this section for a month for more than three qualifying instances described in subsection (a)(2).

(g) Prohibition on Variable Rates.—The regulations prescribed to administer this section may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members.

(h) Termination of Authority.—No hazardous duty pay under this section may be paid after December 31, 2024.

Editorial Notes

Amendments

2023—Subsec. (h). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022—Subsec. (h). Pub. L. 117–263 substituted "December 31, 2023" for "December 31, 2022".

2021—Subsec. (b)(2), (3). Pub. L. 116–283, §613, substituted "$275" for "$250".

Subsec. (c)(2)(A)(i). Pub. L. 116–283, §614(1)(A), substituted "may prorate" for "shall prorate".

Subsec. (c)(2)(B). Pub. L. 116–283, §614(1)(B), (C), substituted "paragraph (2)" for "paragraph (2) or (3)", "the Secretary concerned—" for "the Secretary concerned may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month.", and added cls. (i) and (ii).

Subsec. (c)(2)(C). Pub. L. 116–283, §614(1)(C), added subpar. (C).

Subsec. (h). Pub. L. 117–81 substituted "December 31, 2022" for "December 31, 2021".

Pub. L. 116–283, §§611(d)(6), 614(2), made identical amendments, substituting "December 31, 2021" for "December 31, 2020".