SEC. 606.

Retroactive granting of waivers for aviation incentive pay

DIVISION A · TITLE VI: MILITARY COMPENSATION AND OTHER BENEFITS · SUBTITLE A: Bonus and Incentive Pays

Source
SECTION TEXT · SEC. 606.

(a) Mandatory waiver

Subject to subsection (c), the Secretary of the Navy shall—

(1)

waive the requirements relating to months of operational flight for the receipt of aviation incentive pay under section 334 or 357 of title 37, United States Code, for any officer who—

(A)

was assigned to a tactical air control squadron during the period beginning on September 1, 2018, and ending on January 1, 2025;

(B)
(i)

submitted a request to waive such requirements during such period that was denied; or

(ii)

did not submit a request for a waiver of such requirements during such period; and

(C)

who the Secretary of the Navy determines would have qualified for a waiver of such requirements under the criteria applicable to requests for such a waiver at that time, provided that the Secretary shall consider as qualified for a waiver an officer who accumulated not less than 72 months of creditable operational or proficiency flying duty as of—

(i)

in the case of an officer described in paragraph (1)(B)(i), the date of the submission of a request for such a waiver; and

(ii)

in the case of an officer described in paragraph (1)(B)(ii), the date on which such officer was determined ineligible for aviation incentive pay under section 334 or 357 of title 37, United States Code, due to the failure to meet the requirements relating to months of operational flight;

(2)

apply the waiver required by paragraph (1) for each officer as of—

(A)

in the case of an officer described in paragraph (1)(B)(i), the date of such request; and

(B)

in the case of an officer described in paragraph (1)(B)(ii), the date on which such officer was determined ineligible for aviation incentive pay under section 334 or 357 of title 37, United States Code, due to the failure to meet the requirements relating to months of operational flight; and

(3)

provide each such officer aviation incentive pay under those sections in the amounts such officer would have received had the waiver been granted and applied on such date.

(b) Review of flying duty policies

(1) In general

Subject to subsection (c), if the Secretary of the Navy has reason to believe that the process for certifying operational or proficiency flying duty for members of the Navy or Marine Corps is not being carried out correctly, the Secretary shall conduct a review of such process, including all flying duty policies, procedures, and determinations, and take such corrective actions as the Secretary considers appropriate.

(2) Status of aviation incentive pay

If the Secretary conducts a review under paragraph (1), the Secretary may not make a determination that an officer is ineligible for aviation incentive pay under section 334 or 357 of title 37, United States Code, due to failure to meet the requirements relating to months of operational flight until the completion of such review.

(3) Submission

If the Secretary conducts a review under paragraph (1), the Secretary shall submit to the congressional defense committees the results of the review.

(c) Limitations

(1) Appropriations required

Payments under subsection (a) and corrective action under subsection (b) in a fiscal year may only be made using amounts appropriated in advance specifically for such payments or such corrective action under such subsection in such fiscal year.

(2) Matter of payments

Payments under subsection (a) and corrective action under subsection (b) shall be made on a pro rata basis if the amounts appropriated for such payments or such corrective action are less than the total amount that would be paid for such payments or such corrective action.

(3) Amounts of payments

The total amount of funding obligated for payments under subsection (a) and corrective action under subsection (b) may not exceed the amount specifically appropriated for providing payments or taking such corrective action during the period of availability of such amount.