37 U.S.C. § 301b: Special pay: aviation career officers extending period of active duty

An aviation officer described in subsection (b) who, during the period beginning on January 1, 1989 , and ending on December 31, 2018 , executes a written agreement to remain on active duty in aviation service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section. is entitled to aviation career incentive pay under section 301a of this title ; is in a pay grade below pay grade O–7; is qualified to perform operational flying duty; and has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment. The amount of a retention bonus paid under this section may not be more than $25,000 for each year covered by the written agreement to remain on active duty. The term of an agreement under subsection (a) and the amount of the bonus under subsection (c) may be prorated as long as such agreement does not extend beyond the date on which the officer making such agreement would complete 25 years of aviation service. Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments. A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled. An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title . The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense. Not later than February 15 of each year, the Secretaries concerned shall submit to the Secretary of Defense a report analyzing the effect of the provision of retention bonuses to aviation officers during the preceding fiscal year on the retention of qualified aviators. Not later than March 15 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of the reports submitted to the Secretary under paragraph (1) with regard to the preceding fiscal year, together with such comments and recommendations as the Secretary considers appropriate. The term “aviation service” means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation. The term “operational flying duty” has the meaning given such term in section 301a(a)(6)(B) of this title . The amendments made by subsection (a) to subsections (a), (e), and (f) of section 301b of title 37 , United States Code, shall apply to agreements entered into on or after October 1, 1987 , and special pay may be paid as if such amendments were in effect on such date. Such amendments shall not affect an agreement entered into under such section as in effect on September 30, 1987 , and the provisions of such section as in effect on such day shall continue to apply with respect to such agreement.” The Secretary shall establish and carry out within the Department of the Air Force a demonstration program to assess and improve retention on active duty in the Air Force of rated officers described in subsection (b). whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10 , United States Code. Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10 , United States Code. If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37 , United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). Not later than December 31, 2023 , and annually thereafter until the termination of the demonstration program required under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing describing the use of such demonstration program and its effects on the retention on active duty in the Air Force of rated officers described in subsection (b). The term ‘rated officer’ means an officer specified in section 9253 of title 10 , United States Code. The term ‘Secretary’ means the Secretary of the Air Force. This section shall terminate on December 31, 2028 .” Notwithstanding any provision of section 301b of title 37 , United States Code, [or] of section 611 of Public Law 100–456 [set out below] as in effect at any time prior to the date of enactment of this Act [ Nov. 26, 1991 ], in the case of any officer described in subsection (b), who was entitled to special pay under an agreement authorized by one of those sections, who was not paid the full amount due under such agreement, the unpaid balance shall be paid as part of the settlement of the officer’s final military pay account or as a supplemental payment if the officer’s final military pay account is already settled. An officer to whom subsection (a) applies is an aviation officer who died as a result of flight operations on or after August 2, 1990 , in those areas of the Arabian Peninsula, airspace, and adjacent waters designated by the President in Executive Order 12744 on 21 January 1991 [ 26 U.S.C. 112 note] as a combat zone (regardless of the date of the commencement of combatant activities in such zone as specified in that Executive Order) and prior to cessation of hostilities as declared by competent authority, before completing the full period of aviation service agreed to in his or her agreement to remain on active duty in aviation service under section 301b of title 37 , United States Code, or section 611 of Public Law 100–456 [set out below].” The amendment made by subsection (a) [amending this section] shall not affect an agreement entered into under section 301b of title 37 , United States Code (as in effect on September 30, 1989 ), and, except as provided in paragraph (2), the provisions of such section as in effect on such day shall continue to apply with respect to such agreement. For pay periods beginning after September 30, 1989 , an officer serving under an agreement entered into under section 301b of such title before October 1, 1987 , shall be entitled during the remainder of the agreement to the monthly rate of aviation career incentive pay specified in section 301a(b) of such title and corresponding to the officer’s years of aviation service or years of service as an officer.” In the case of an officer described in section 301b(b) of title 37 , United States Code, who executes an agreement described in paragraph (2) during the 90-day period beginning on the date of the enactment of this Act [ Feb. 10, 1996 ], the Secretary concerned may treat the agreement for purposes of the retention bonus authorized under the agreement as having been executed and accepted on the first date on which the officer would have qualified for such an agreement had the amendment made by subsection (a) [amending this section] taken effect on October 1, 1995 . An agreement referred to in this subsection is a service agreement with the Secretary concerned that is a condition for the payment of a retention bonus under section 301b of title 37 , United States Code. For purposes of this subsection, the term ‘Secretary concerned’ has the meaning given that term in section 101(5) of title 37 , United States Code.” In the case of an officer described in paragraph (2) who executes an agreement described in paragraph (3) during the 90-day period beginning on the date of the enactment of this Act [ Nov. 30, 1993 ], the Secretary concerned may treat the agreement for purposes of the retention bonus or special pay authorized under the agreement as having been executed and accepted on the first date on which the officer would have qualified for such an agreement had the amendments made by subsections (a) and (g) [amending this section and provisions set out as a note under section 302 of this title ] taken effect on October 1, 1993 . An officer referred to in paragraph (1) is an officer described in section 301b(b) of title 37 , United States Code, or in section 613(a)(2) of the National Defense Authorization Act, Fiscal Year 1989 [ Pub. L. 100–456 ] ([former] 37 U.S.C. 302 note), who, during the period beginning on October 1, 1993 , and ending on the date of the enactment of this Act, would have qualified for an agreement described in paragraph (3) had the amendments made by subsections (a) and (g) taken effect on October 1, 1993 . An agreement referred to in this subsection is a service agreement with the Secretary concerned that is a condition for the payment of a retention bonus under section 301b of title 37 , United States Code, or special pay under section 613 of the National Defense Authorization Act, Fiscal Year 1989 ([former] 37 U.S.C. 302 note). For purposes of this subsection, the term ‘Secretary concerned’ has the meaning given that term in section 101(5) of title 37 , United States Code.” In the case of a person described in subparagraph (B) who executes an agreement described in subparagraph (C) during the 90-day period beginning on the date of the enactment of this Act [ Oct. 23, 1992 ], the Secretary concerned may treat such agreement for purposes of the bonus or special pay authorized under such agreement as having been executed and accepted on the first date on which the person would have qualified for such an agreement had the amendments made by this section [amending this section and sections 302d, 302e, 308 to 308e, 308h, and 308i of this title and sections 2130a and 2172 [now 16302] of Title 10, Armed Forces] taken effect on October 1, 1992 . A person referred to in subparagraph (A) is a person who, during the period beginning on October 1, 1992 , and ending on the date of the enactment of this Act, would have qualified for an agreement described in subparagraph (C) with the Secretary concerned had the amendments made by this section taken effect on October 1, 1992 . An agreement referred to in this paragraph is an agreement with the Secretary concerned for the payment of a bonus or special pay under section 301b, 302d, 302e, 308, 308a, 308b, 308c, 308e, 308h, or 308i of title 37, United States Code, or section 2130a of title 10 , United States Code. For purposes of this paragraph, the term ‘Secretary concerned’ has the meaning given that term in section 101(5) of title 37 , United States Code.” In the case of an officer described in subparagraph (B) who executes an agreement under section 301b of such title [ 37 U.S.C. 301b ] during the 90-day period beginning on the date of the enactment of this Act [ Dec. 5, 1991 ], the Secretary concerned may treat such agreement as having been executed and accepted for purposes of such section on the first date on which the officer would have qualified for such an agreement had the amendment made by paragraph (1) [amending this section] taken effect on October 1, 1991 . An officer referred to in subparagraph (A) is an officer who, during the period beginning on October 1, 1991 , and ending on the date of the enactment of this Act, would have qualified for an agreement under such section had the amendment made by paragraph (1) taken effect on October 1, 1991 . For purposes of this paragraph, the term ‘Secretary concerned’ has the meaning given that term in section 101(5) of title 37 , United States Code.” In the case of an aviation officer described in paragraph (2) who executes an agreement under section 301b of title 37 , United States Code, during the 90-day period beginning on the date of the enactment of this Act [ Nov. 29, 1989 ], the Secretary concerned may deem such agreement to have been executed and accepted for purposes of such section on the first date on which the officer would have qualified for such an agreement had the amendment made by subsection (a) [amending this section] taken effect on October 1, 1989 . An aviation officer referred to in paragraph (1) is an officer who, during the period beginning on October 1, 1989 , and ending on the date of the enactment of this Act, would have qualified for an agreement under such section had the amendment made by subsection (a) taken effect on October 1, 1989 . For purposes of this subsection, the term ‘Secretary concerned’ has the meaning given that term by section 101(5) of title 37 , United States Code.” It is the sense of the Congress that eligibility for special pay for aviation career officers under section 301b of title 37 , United States Code, should be made available only to officers who will likely be induced to remain on active duty in aviation service by receipt of the special pay. a list of the specific aviation specialties by aircraft type determined to be critical for purposes of the payment of special pay under such section since the date of the enactment of this Act; the number of officers within each critical aviation specialty who received the special pay under such section since the date of the enactment of this Act by grade, years of prior active service, and amounts of special pay received under such section; an explanation and justification for the Secretary’s designation of an aviation specialty as ‘critical’ and for the payment of special pay under section 301b of such title to officers who have more than eight years of prior active service and who are serving in pay grade O–4 or above, if payment of such pay was made to such officers; and an evaluation of the progress made since the date of the enactment of this Act toward eliminating shortages of aviators in the aviation specialties designated by the Secretary as critical.”