Editorial Notes

Amendments

2023—Pub. L. 118–31, in section catchline, substituted “Special and incentive” for “Incentive” and, in text, substituted “special or incentive pay” for “incentive pay” and “if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of—” for period, and added pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Implementation of Section

Pub. L. 117–81, div. A, title VI, § 602(c), (d), Dec. 27, 2021, 135 Stat. 1765, as amended by Pub. L. 118–31, div. A, title VI, § 612(c), Dec. 22, 2023, 137 Stat. 291; Pub. L. 119–60, div. A, title VI, § 613, Dec. 18, 2025, 139 Stat. 907, provided that:

“(c)

Report.—

Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—

“(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)

Implementation Date.—

“(1)

In general.—

The Secretary shall not implement section 357 of such title, as added by subsection (a) until after—

“(A)

submission of the report under subsection (c); and

“(B)

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.

“(2)

Evaluation of types of special and incentive pay.—

“(A)

In general.—

In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay.

“(B)

Aviation incentive pay evaluation.—

Not later than June 1, 2026, the Secretary shall complete the evaluation required by subparagraph (A) with respect to aviation incentive pay under section 334 of title 37, United States Code. In conducting that evaluation, the Secretary shall make a specific determination with respect to the percentage of such aviation incentive pay, if any, that is paid specifically to maintain skill certification or proficiency under section 357 of title 37, United States Code.

“(C)

Special and incentive pay framework.—

Not later than June 1, 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a detailed report on the special and incentive pay assessment framework, required by the Senate report accompanying the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) [see Tables for classification], that includes the Secretary’s plan and timeline for implementing such framework.

“(3)

Initiation of payments.—

Not later than January 1, 2027, the Secretary concerned shall begin making aviation incentive payments under section 357 of title 37, United States Code, pursuant to the determination made under paragraph (2)(B).”