(a)
(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)
(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.
(c)
(1)
(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)
(3)
(d)
(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)
(f)
(g)
(h)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 163; amended Pub. L. 111–84, div. A, title VI, §614(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §614(1), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(1), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(1), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §614(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §614(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §614(1), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §614(1), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(1), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(1), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §611(d)(1), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, §611(d)(1), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§601(d)(1), 602(a), Dec. 23, 2022, 136 Stat. 2619, 2620.)
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".
(a)
(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)
(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.
(c)
(1)
(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)
(3)
(d)
(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)
(f)
(g)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 164; amended Pub. L. 111–84, div. A, title VI, §614(2), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §614(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(2), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(2), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §614(2), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §614(2), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §§614(2), 617, Dec. 23, 2016, 130 Stat. 2158, 2160; Pub. L. 115–91, div. A, title VI, §614(2), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, 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.)
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".
(a)
(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)
(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)
(d)
(1)
(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)
(3)
(e)
(1)
(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)
(f)
(g)
(h)
(i)
(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.)
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".
(a)
(1)
(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)
(b)
(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.
(c)
(1)
(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)
(A)
(B)
(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)
(4)
(d)
(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)
(f)
(1)
(2)
(g)
(h)
(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)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 167; amended Pub. L. 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.)
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".
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.
(a)
(1)
(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)
(b)
(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.
(c)
(1)
(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)
(3)
(d)
(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)
(f)
(1)
(2)
(g)
(h)
(1)
(2)
(3)
(i)
(Added Pub. L. 115–91, div. A, title VI, §617(a), Dec. 12, 2017, 131 Stat. 1424.)
(a)
(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)
(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)
(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)
(e)
(1)
(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)
(3)
(f)
(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)
(h)
(1)
(2)
(3)
(i)
(j)
(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)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 169; amended Pub. L. 110–417, [div. A], title VI, §618(c), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 111–84, div. A, title VI, §614(5), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, §614(5), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(5), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(5), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(5), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §614(5), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §614(5), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §614(5), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §614(5), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(4), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(4), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §§611(d)(4), 612(a)–(e), Jan. 1, 2021, 134 Stat. 3673, 3674; Pub. L. 117–81, div. A, title VI, §611(d)(4), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §601(d)(4), Dec. 23, 2022, 136 Stat. 2619.)
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".
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.
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]."
Pub. L. 110–417, [div. A], title VI, §620(a), Oct. 14, 2008, 122 Stat. 4489, provided that:
"(1)
"(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)
"(3)
"(4)
1 See Change of Name note below.
(a)
(b)
(c)
(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)
(e)
(f)
(g)
(Added Pub. L. 113–66, div. A, title VI, §617(a), Dec. 26, 2013, 127 Stat. 781; amended Pub. L. 113–291, div. A, title VI, §614(6), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §614(6), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §614(6), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §614(6), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(5), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(5), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §611(d)(5), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, §611(d)(5), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §601(d)(5), Dec. 23, 2022, 136 Stat. 2620.)
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".
(a)
(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)
(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.
(c)
(1)
(2)
(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)
(e)
(f)
(1)
(2)
(g)
(h)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 172; amended Pub. L. 110–417, [div. A], title VI, §618(d), (e), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 111–84, div. A, title VI, §§614(6), 618(b), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, §614(6), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §§614(6), 616(b), Dec. 31, 2011, 125 Stat. 1450, 1451; Pub. L. 112–239, div. A, title VI, §614(6), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(6), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §614(7), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §614(7), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §614(7), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §614(7), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(6), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(6), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §§611(d)(6), 613, 614, Jan. 1, 2021, 134 Stat. 3673, 3674; Pub. L. 117–81, div. A, title VI, §611(d)(6), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §601(d)(6), Dec. 23, 2022, 136 Stat. 2620.)
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".
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. (c)(2). Pub. L. 112–81, §616(b), substituted "receipt of hazardous duty pay—" for "receipt of hazardous duty pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month." and added subpars. (A) and (B).
Subsec. (h). Pub. L. 112–81, §614(6), substituted "December 31, 2012" for "December 31, 2011".
Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".
2009—Subsecs. (c) to (h). Pub. L. 111–84, §618(b), added subsec. (c), redesignated former subsecs. (e) to (i) as (d) to (h), respectively, and struck out former subsecs. (c) and (d), which related to method of payment and reserve component members performing inactive duty training.
Subsec. (i). Pub. L. 111–84, §618(b)(1), redesignated subsec. (i) as (h).
Pub. L. 111–84, §614(6), substituted "December 31, 2010" for "December 31, 2009".
2008—Subsec. (c). Pub. L. 110–417, §618(d), substituted "paragraph (1) or (3) of subsection (a)" for "subsection (a)".
Subsec. (f). Pub. L. 110–417, §618(e), substituted "in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1)" for "in administering subsection (a)" and struck out at end "The regulations prescribed to administer this section shall define the activities that are considered hazardous for purposes of subsection (a)(2)."
1 So in original. Probably should be preceded by "a".
(a)
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
(2) performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned.
(b)
(1)
(2)
(3)
(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and
(B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement.
(4)
(A) the product of—
(i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; and
(ii) the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by
(B) the number of installments over such period.
(5)
(c)
(1)
(2)
(d)
(e)
(f)
(g)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 173; amended Pub. L. 111–84, div. A, title VI, §§614(7), 618(c), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, §614(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(7), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §614(8), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §614(8), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §614(8), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, §614(8), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(7), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(7), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §611(d)(7), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, §611(d)(7), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§601(d)(7), 603(a), Dec. 23, 2022, 136 Stat. 2620.)
2022—Subsec. (a)(2). Pub. L. 117–263, §603(a), inserted "(including a cold weather location)" after "location".
Subsec. (g). Pub. L. 117–263, §601(d)(7), 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".
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. (b)(1). Pub. L. 111–84, §618(c), inserted at end "If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member's actual qualifying service during the month."
Subsec. (g). Pub. L. 111–84, §614(7), substituted "December 31, 2010" for "December 31, 2009".
Pub. L. 117–263, div. K, title CXII, §11237, Dec. 23, 2022, 136 Stat. 4036, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code.
"(B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States.
"(C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators.
"(D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors.
"(c)
"(1)
"(2)
"(A) An evaluation of—
"(i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities;
"(ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and
"(iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators.
"(B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties.
"(C) Any other element the Secretary considers appropriate.
"(3)
"(d)
Pub. L. 111–84, div. A, title VI, §619, Oct. 28, 2009, 123 Stat. 2357, provided that:
"(a)
"(b)
"(1) the number of members of the Armed Forces receiving assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount otherwise authorized under such section; and
"(2) an assessment of the impact of the use of such authority on the effectiveness and efficiency in achieving the United States mission in Afghanistan.
"(c)
(a)
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
(2) serves in a career field or skill designated as critical by the Secretary concerned.
(b)
(1)
(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; and
(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.
(2)
(c)
(1)
(B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month. A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of such pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.
(2)
(d)
(1)
(2)
(3)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(g)
(h)
(i)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 175; amended Pub. L. 110–417, [div. A], title VI, §619(a), Oct. 14, 2008, 122 Stat. 4487; Pub. L. 111–84, div. A, title VI, §§614(8), 618(d), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, §614(8), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(8), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(8), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(8), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §614(9), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §614(9), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §614(9), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, §614(9), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(8), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(8), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §611(d)(8), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, §611(d)(8), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§601(d)(8), 602(d), Dec. 23, 2022, 136 Stat. 2620.)
Subsection (g)(2), referred to in subsec. (b)(2), was redesignated subsec. (f)(2) by Pub. L. 111–84, div. A, title VI, §618(d)(1), Oct. 28, 2009, 123 Stat. 2356.
2022—Subsec. (c)(1)(A). Pub. L. 117–263, §602(d), substituted "$1,750" for "$1,000".
Subsec. (i). Pub. L. 117–263, §601(d)(8), 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. (i). Pub. L. 114–92 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. (c)(1). Pub. L. 111–84, §618(d)(2), added par. (1) and struck out former par. (1) which provided that skill incentive pay was not to exceed $1,000 per month.
Subsecs. (f) to (i). Pub. L. 111–84, §618(d)(1), redesignated subsecs. (g) to (j) as (f) to (i), respectively, and struck out former subsec. (f) which related to reserve component members performing inactive duty training.
Subsec. (j). Pub. L. 111–84, §618(d)(1), redesignated subsec. (j) as (i).
Pub. L. 111–84, §614(8), substituted "December 31, 2010" for "December 31, 2009".
2008—Subsec. (b). Pub. L. 110–417, §619(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who—
"(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
"(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned."
Subsecs. (g) to (j). Pub. L. 110–417, §619(a)(2), added subsec. (g) and redesignated former subsecs. (g) to (i) as (h) to (j), respectively.
Pub. L. 110–417, [div. A], title VI, §619(c), Oct. 14, 2008, 122 Stat. 4489, provided that:
"(1)
"(2)
"(3)
Pub. L. 110–417, [div. A], title VI, §619(d), Oct. 14, 2008, 122 Stat. 4489, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(10), Jan. 7, 2011, 124 Stat. 4375, provided that: "Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the amendments made by subsection (a) [amending this section] in order to ensure the prompt availability of proficiency bonuses and incentive pay under section 353 of title 37, United States Code, as amended by such subsection, for persons enrolled in officer training programs."
1 See References in Text note below.
(a)
(1) elects to receive the bonus under this section; and
(2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under section 1405 of title 10.
(b)
(1) first became a member on or after August 1, 1986; and
(2) has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty).
(c)
(d)
(2) A member electing to receive the bonus under this section shall elect one of the following payment options:
(A) A single lump sum of $30,000.
(B) Two installments of $15,000 each.
(C) Three installments of $10,000 each.
(D) Four installments of $7,500 each.
(E) Five installments of $6,000 each.
(3) If a member elects installment payments under paragraph (2), the second installment (and subsequent installments, as applicable) shall be paid on the earlier of the following dates:
(A) The annual anniversary date of the payment of the first installment.
(B) January 15 of each succeeding calendar year.
(4) The lump sum payment of the bonus, and the first installment payment in the case of members who elect to receive the bonus in installments, shall be paid to an eligible career bonus member not later than the first month that begins on or after the date that is 60 days after the date on which the Secretary concerned receives from the member the election required under subsection (a)(1) and the written agreement required under subsection (a)(2), if applicable.
(e)
(2) The notification shall include the following:
(A) The procedures for electing to receive the bonus.
(B) An explanation of the effects under sections 1401a, 1409, and 1410 of title 10 that such an election has on the computation of any retired or retainer pay that the member may become eligible to receive.
(f)
(2) If a person who is paid a bonus under this section subsequently makes an election described in section 1409(b)(4)(B) of title 10, the person shall repay any bonus payments received under this section in the same manner as repayments are made under section 373 of this title.
(g)
(2) Subject to subsection (f)(2), the Secretary concerned may continue to make payments for bonuses that were awarded under this section on or before the date specified in paragraph (1).
(Added Pub. L. 106–65, div. A, title VI, §642(a), Oct. 5, 1999, 113 Stat. 662, §322; amended Pub. L. 107–107, div. A, title VI, §620(a), Dec. 28, 2001, 115 Stat. 1138; Pub. L. 109–163, div. A, title VI, §687(b)(30), Jan. 6, 2006, 119 Stat. 3332; renumbered §354 and amended Pub. L. 110–181, div. A, title VI, §661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178; Pub. L. 114–92, div. A, title VI, §631(c)(2), Nov. 25, 2015, 129 Stat. 844.)
2015—Subsec. (f). Pub. L. 114–92, §631(c)(2)(A), designated existing provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 114–92, §631(c)(2)(B), added subsec. (g).
2008—Pub. L. 110–181, §661(b)(1), renumbered section 322 of this title as this section.
Subsec. (f). Pub. L. 110–181, §661(b)(2), substituted "section 373" for "section 303a(e)".
2006—Subsec. (f). Pub. L. 109–163, amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when person elects to receive bonus to remain continuously on active duty until completion of 20 years but fails to complete total period.
2001—Subsec. (d)(1). Pub. L. 107–107, §620(a)(1), substituted "equal to $30,000" for "paid in a single lump sum of $30,000".
Subsec. (d)(2) to (4). Pub. L. 107–107, §620(a)(2), (3), added pars. (2) and (3), redesignated former par. (2) as (4), and substituted therein "The lump sum payment of the bonus, and the first installment payment in the case of members who elect to receive the bonus in installments," for "The bonus".
Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.
Section effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as an Effective Date of 1999 Amendment note under section 1401a of Title 10, Armed Forces.
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
Pub. L. 107–107, div. A, title VI, §620(b), Dec. 28, 2001, 115 Stat. 1139, provided that: "The Secretary concerned (as defined in section 101(5) of title 37, United States Code) shall extend to each member of the uniformed services who has executed the written agreement required by subsection (a)(2) of section 322 [now 354] of such title before the date of the enactment of this Act [Dec. 28, 2001], but who has not received the lump sum payment by that date, an opportunity to make the election authorized by subsection (d) of such section, as amended by this section."
(a)
(1) in the case of an officer, the member executes a written agreement to remain on active duty for at least one year or to remain in an active status in a reserve component for at least one year;
(2) in the case of an enlisted member, other than an enlisted member referred to in paragraph (3), the member reenlists or voluntarily extends the member's enlistment for a period of at least one year; or
(3) in the case of an enlisted member serving pursuant to an indefinite reenlistment, the member executes a written agreement to remain on active duty for a period of at least one year or to remain in an active status in a reserve component for a period of at least one year.
(b)
(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may designate a unit as a high priority unit regarding which a retention bonus will be provided to a member of the armed forces who agrees to accept an assignment to the unit under subsection (a).
(c)
(d)
(2) The limitation in paragraph (1) on the total bonus payments that a member may receive under this section does not apply with respect to an officer who is assigned duties as a health care professional.
(e)
(A) has completed more than 25 years of active duty or service in an active status in a reserve component; or
(B) will complete the member's twenty-fifth year of active duty or service in an active status in a reserve component before the end of the period of active duty or service in an active status in a reserve component for which the bonus is being offered.
(2) The limitations in paragraph (1) do not apply with respect to an officer who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties as a health care professional.
(3) The limitations in paragraph (1) do not apply with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered—
(A) is qualified in a skill designated as critical under subsection (b)(1) related to special operations forces; or
(B) is qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.
(4) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may waive the limitations in paragraph (1) with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties in a skill designated as critical under subsection (b)(1). The authority to grant a waiver under this paragraph may not be delegated below the Under Secretary of Defense for Personnel and Readiness or the Deputy Secretary of the Department of Homeland Security.
(f)
(g)
(h)
(Added Pub. L. 106–398, §1 [[div. A], title VI, §633(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–157, §323; amended Pub. L. 107–107, div. A, title VI, §614(d), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §§614(d), 618, Dec. 2, 2002, 116 Stat. 2568, 2570; Pub. L. 108–136, div. A, title VI, §§614(d), 622, title X, §1045(b)(1), Nov. 24, 2003, 117 Stat. 1501, 1505, 1612; Pub. L. 108–375, div. A, title VI, §§614(e), 621, title X, §1084(e)(2), Oct. 28, 2004, 118 Stat. 1948, 1954, 2064; Pub. L. 109–163, div. A, title VI, §§624(e), 640(a)–(f)(1), 687(b)(31), Jan. 6, 2006, 119 Stat. 3295, 3302, 3303, 3332; Pub. L. 109–364, div. A, title VI, §614(e), Oct. 17, 2006, 120 Stat. 2248; renumbered §355 and amended Pub. L. 110–181, div. A, title VI, §§614(d), 622, 661(c), Jan. 28, 2008, 122 Stat. 149, 152, 178; Pub. L. 110–417, [div. A], title VI, §614(h), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, §614(9), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–207, §4(a)(4), July 27, 2010, 124 Stat. 2251; Pub. L. 111–383, div. A, title VI, §614(9), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(9), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(9), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §614(9), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §614(10), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §614(10), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, §614(10), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, §614(10), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, §611(d)(9), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §611(d)(9), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §611(d)(9), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, §611(d)(9), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §601(d)(9), Dec. 23, 2022, 136 Stat. 2620.)
2022—Subsec. (h). Pub. L. 117–263 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".
2010—Subsecs. (h), (i). Pub. L. 111–207 redesignated subsec. (i) as (h) and struck out former subsec. (h) which required the Secretaries of Defense and Homeland Security to submit to Congress annual reports on retention bonuses.
2009—Subsec. (i). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".
2008—Pub. L. 110–181, §661(c)(1), renumbered section 323 of this title as this section.
Subsec. (e)(4). Pub. L. 110–181, §622, added par. (4).
Subsec. (g). Pub. L. 110–181, §661(c)(2), substituted "section 373" for "section 303a(e)".
Subsec. (i). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".
Pub. L. 110–181, §614(d), substituted "December 31, 2008" for "December 31, 2007".
2006—Pub. L. 109–163, §640(f)(1), substituted "Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units" for "Special pay: retention incentives for members qualified in a critical military skill" in section catchline.
Subsec. (a). Pub. L. 109–163, §640(a)(1)(A), (b)(1), in introductory provisions, substituted "who is serving on active duty in a regular component or in an active status in a reserve component and who" for "who is serving on active duty and" and "critical military skill designated under subsection (b) or accepts an assignment to a high priority unit designated under such subsection" for "designated critical military skill".
Subsec. (a)(1). Pub. L. 109–163, §640(a)(1)(B), inserted "or to remain in an active status in a reserve component for at least one year" before semicolon.
Subsec. (a)(3). Pub. L. 109–163, §640(a)(1)(C), inserted "or to remain in an active status in a reserve component for a period of at least one year" before period.
Subsec. (b). Pub. L. 109–163, §640(b)(2), substituted "Eligibility Criteria" for "Designation of Critical Skills" in heading, designated existing provisions as par. (1), and added par. (2).
Subsec. (d)(1). Pub. L. 109–163, §640(c), inserted "(or $100,000 in the case of a reserve component member)" after "$200,000".
Subsec. (e)(1)(A). Pub. L. 109–163, §640(a)(2), inserted "or service in an active status in a reserve component" after "active duty".
Subsec. (e)(1)(B). Pub. L. 109–163, §640(a)(2), inserted "or service in an active status in a reserve component" after "active duty" in two places.
Subsec. (e)(2), (3). Pub. L. 109–163, §640(d), added pars. (2) and (3) and struck out former par. (2) which read as follows: "The limitations in paragraph (1) do not apply with respect to an officer who is assigned duties as a health care professional during the period of active duty for which the bonus is being offered."
Subsec. (g). Pub. L. 109–163, §687(b)(31), amended heading and text of subsec. (g) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when member fails to remain technically qualified in critical military skill or to satisfy other eligibility criteria for which bonus was paid.
Subsec. (g)(1). Pub. L. 109–163, §640(e), substituted "If a member paid a bonus under this section fails, during the period of service covered by the member's agreement, reenlistment, or voluntary extension of enlistment under subsection (a), to remain qualified in the critical military skill or to satisfy the other eligibility criteria for which the bonus was paid," for "If an officer who has entered into a written agreement under subsection (a) fails to complete the total period of active duty specified in the agreement, or an enlisted member who voluntarily or because of misconduct does not complete the term of enlistment for which a bonus was paid under this section,".
Subsec. (h)(1). Pub. L. 109–163, §640(b)(3), substituted "members of the armed forces who were offered a bonus under this section" for "members qualified in the critical military skills for which the bonuses were offered".
Subsec. (i). Pub. L. 109–364 substituted "December 31, 2007" for "December 31, 2006".
Pub. L. 109–163, §624(e), substituted "December 31, 2006" for "December 31, 2005".
2004—Subsec. (a). Pub. L. 108–375, §621, inserted "other than an enlisted member referred to in paragraph (3)," after "enlisted member," in par. (2) and added par. (3).
Subsec. (h). Pub. L. 108–375, §1084(e)(2), substituted "Secretary of Homeland Security" for "Secretary of Transportation" in introductory provisions.
Subsec. (i). Pub. L. 108–375, §614(e), substituted "December 31, 2005" for "December 31, 2004".
2003—Subsec. (a). Pub. L. 108–136, §1045(b)(1), substituted "one year" for "1 year" in pars. (1) and (2).
Subsec. (b). Pub. L. 108–136, §622, struck out "(1)" before "A designated" and par. (2) which read as follows: "The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall notify Congress, in advance, of each military skill to be designated by the Secretary as critical for purposes of this section. The notice shall be submitted at least 90 days before any bonus with regard to that critical skill is offered under subsection (a) and shall include a discussion of the necessity for the bonus, the amount and method of payment of the bonus, and the retention results that the bonus is expected to achieve."
Subsec. (i). Pub. L. 108–136, §614(d), substituted "December 31, 2004" for "December 31, 2003".
2002—Subsec. (b). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation" in pars. (1) and (2).
Subsec. (d). Pub. L. 107–314, §618(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 107–314, §618(b), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
Subsec. (g)(1). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
Subsec. (i). Pub. L. 107–314, §614(d), substituted "December 31, 2003" for "December 31, 2002".
2001—Subsec. (i). Pub. L. 107–107 substituted "December 31, 2002" for "December 31, 2001".
Amendment by section 614(d) of Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 106–398, §1 [[div. A], title VI, §633(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–158, provided that: "Section 323 [now 355] of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2000."
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
(a)
(1) has completed not less than 8 and not more than 12 years of service in a uniformed service; and
(2) enters into an agreement with the Secretary to serve for not less than 3 additional years of obligated service.
(b)
(1) in the case of a member of a regular component—
(A) the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus
(B) at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a); and
(2) in the case of a member of a reserve component—
(A) the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component multiplied by 0.5; plus
(B) at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a).
(c)
(d)
(e)
(f)
(g)
(h)
(Added Pub. L. 114–92, div. A, title VI, §634(a), Nov. 25, 2015, 129 Stat. 850; amended Pub. L. 114–328, div. A, title VI, §633(a)–(d)(1), Dec. 23, 2016, 130 Stat. 2163.)
2016—Pub. L. 114–328, §633(d)(1), substituted "Continuation pay: full TSP members with 8 to 12 years of service" for "Continuation pay: full TSP members with 12 years of service" in section catchline.
Subsec. (a)(1). Pub. L. 114–328, §633(a)(1), added par. (1) and struck out former par. (1) which read as follows: "completes 12 years of service; and".
Subsec. (a)(2). Pub. L. 114–328, §633(a)(2), substituted "not less than 3 additional years" for "an additional 4 years".
Subsec. (b). Pub. L. 114–328, §633(b), substituted heading and introductory provisions for former heading and introductory provisions which read as follows: "
Subsec. (d). Pub. L. 114–328, §633(c), amended subsec. (d) generally. Prior to amendment, text read as follows: "The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides continuation pay under subsection (c) to the member, that continuation pay shall be provided when the member completes 12 years of service."
Pub. L. 114–328, div. A, title VI, §633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: "The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate."
Section effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as an Effective Date of 2015 Amendment; Implementation note under section 8432 of Title 5, Government Organization and Employees.
Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.
(Added Pub. L. 117–81, div. A, title VI, §602(a), Dec. 27, 2021, 135 Stat. 1765.)
Pub. L. 117–81, div. A, title VI, §602(c), (d), Dec. 27, 2021, 135 Stat. 1765, provided that:
"(c)
"(1) the plan of the Secretary to implement section 357 of such title [37 U.S.C. 357], as added by subsection (a);
"(2) an estimate of the costs of such implementation;
"(3) the number of members described in such section; and
"(4) any other matter the Secretary determines relevant.
"(d)
"(1) submission of the report under subsection (b) [probably means subsec. (c)]; and
"(2) the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force."