US (United States) Code. Title 37. Chapter 5: Special and incentive pays

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay and allowances of the uniformed services

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-CITE-

37 USC Sec. 303a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 303a. Special pay: health professionals; general provisions

-STATUTE-

(a) The Secretary of Defense, with respect to the Army, Navy, and

Air Force, and the Secretary of Health and Human Services, with

respect to the Public Health Service, shall prescribe regulations

for the administration of sections 301d, 302 through 302j, and 303

of this title.

(b)(1) Except as provided in paragraph (2) or as otherwise

provided under a provision of this chapter, a commissioned officer

in the Regular or Reserve Corps of the Public Health Service is

entitled to special pay under a provision of this chapter in the

same amounts, and under the same terms and conditions, as a

commissioned officer of the armed forces is entitled to special pay

under that provision.

(2) A commissioned medical officer in the Regular or Reserve

Corps of the Public Health Service (other than an officer serving

in the Indian Health Service) may not receive additional special

pay under section 302(a)(4) of this title for any period during

which the officer is providing obligated service under the

following provisions of law:

(A) Section 338B of the Public Health Service Act (42 U.S.C.

254l-1).

(B) Section 225(e) of the Public Health Service Act, as that

section was in effect before October 1, 1977.

(C) Section 752 of the Public Health Service Act, as that

section was in effect between October 1, 1977, and August 13,

1981.

(c) Special pay authorized under sections 301d, 302 through 302j,

and 303 of this title is in addition to any other pay or allowance

to which an officer is entitled. The amount of special pay to which

an officer is entitled under any of such sections may not be

included in computing the amount of any increase in pay authorized

by any other provision of this title or in computing retired pay,

separation pay, severance pay, or readjustment pay.

(d) The Secretary of Defense shall conduct a review every two

years of the special pay for health professionals authorized by

sections 301d, 302 through 302j, and 303 of this title.

-SOURCE-

(Added Pub. L. 96-284, Sec. 5(a), June 28, 1980, 94 Stat. 592;

amended Pub. L. 96-513, title V, Sec. 506(6), Dec. 12, 1980, 94

Stat. 2919; Pub. L. 100-140, Sec. 2(b)(1), Oct. 26, 1987, 101 Stat.

831; Pub. L. 101-189, div. A, title VII, Secs. 705(b), 706(b), Nov.

29, 1989, 103 Stat. 1472, 1473; Pub. L. 101-510, div. A, title VI,

Sec. 611(d), title XIII, Sec. 1322(c)(2), title XIV, Sec.

1484(c)(1), Nov. 5, 1990, 104 Stat. 1577, 1672, 1716; Pub. L.

102-484, div. A, title X, Sec. 1054(a)(3), Oct. 23, 1992, 106 Stat.

2502; Pub. L. 104-106, div. A, title VI, Sec. 614(b), Feb. 10,

1996, 110 Stat. 361; Pub. L. 104-201, div. A, title VI, Sec.

615(c)(3), Sept. 23, 1996, 110 Stat. 2546; Pub. L. 106-398, Sec. 1

[[div. A], title VI, Secs. 628(b), 634(a)], Oct. 30, 2000, 114

Stat. 1654, 1654A-155, 1654A-159.)

-REFTEXT-

REFERENCES IN TEXT

Section 225(e) of the Public Health Service Act, as that section

was in effect before October 1, 1977, referred to in subsec.

(b)(2)(B), is section 225(e) of act July 1, 1944, ch. 373, which

was classified to section 234(e) of Title 42, The Public Health and

Welfare, prior to repeal by Pub. L. 94-484, title IV, Sec.

408(b)(1), Oct. 12, 1976, 90 Stat. 2281, effective Oct. 1, 1977.

Section 752 of the Public Health Service Act, as that section was

in effect between October 1, 1977, and August 13, 1981, referred to

in subsec. (b)(2)(C), is section 752 of act July 1, 1944, ch. 373,

title VII, as added Pub. L. 94-484, title IV, Sec. 408(b)(1), Oct.

12, 1976, 90 Stat. 2284; amended Pub. L. 95-626, title I, Sec.

113(b), Nov. 10, 1978, 92 Stat. 3563; Pub. L. 96-76, title II, Sec.

202(a), (b), Sept. 29, 1979, 93 Stat. 582, which was classified to

section 294u of Title 42, The Public Health and Welfare. Section

752 was renumbered section 338B of act July 1, 1944, and amended,

by Pub. L. 97-35, title XXVII, Sec. 2709(a), (c), Aug. 13, 1981, 95

Stat. 908, 909. It was subsequently renumbered section 338C of act

July 1, 1944, and further amended, and is now classified to section

254m of Title 42.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 628(b)],

substituted "302j" for "302h" wherever appearing.

Subsecs. (b) to (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 634(a)], added subsec. (b) and redesignated former subsecs.

(b) and (c) as (c) and (d), respectively.

1996 - Pub. L. 104-201 substituted "302h" for "302g" wherever

appearing.

Pub. L. 104-106 substituted "302 through 302g," for "302, 302a,

302b, 302c, 302d, 302e," wherever appearing.

1992 - Subsec. (b). Pub. L. 102-484 struck out "301d," after

"such sections".

1990 - Subsec. (a). Pub. L. 101-510, Secs. 611(d), 1484(c)(1),

inserted "301d," after "sections" and substituted "and 303" for

"303, and 311".

Subsec. (b). Pub. L. 101-510, Sec. 611(d), inserted "301d," after

"sections" wherever appearing.

Subsec. (c). Pub. L. 101-510, Secs. 611(d), 1322(c)(2),

1484(c)(1), inserted "301d," after "sections", substituted "and

303" for "303, and 311", and struck out at end "A report shall be

submitted to the Congress not later than September 30, 1982, of the

results of the first such review, and a report shall be submitted

to the Congress not later than September 30 of each second year

thereafter on the results of the review for the preceding two-year

period."

1989 - Pub. L. 101-189 inserted "302d, 302e," after "302c,"

wherever appearing.

1987 - Pub. L. 100-140 inserted "302c," after "302b," wherever

appearing.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 506(6)(A), struck out

reference to sections 302c and 313 of this title.

Subsec. (b). Pub. L. 96-513, Sec. 506(6)(B), (C), struck out

reference to section 302c of this title and inserted reference to

separation pay.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-140 effective Oct. 26, 1987, and

applicable to pay periods beginning on or after such date, see

section 2(c) of Pub. L. 100-140, set out as an Effective Date note

under section 302c of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of Title

10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 302a, 302i, 302b of

this title; title 42 section 210.

-End-

-CITE-

37 USC Sec. 303b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 303b. Waiver of board certification requirements

-STATUTE-

(a) Certification Interrupted by Contingency Operation. - A

member of the armed forces described in subsection (b) who

completes the board certification or recertification requirements

specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or

302c(d)(4) of this title before the end of the period established

for the member in subsection (c) shall be paid special pay under

the applicable section for active duty performed during the period

beginning on the date on which the member was assigned to duty in

support of a contingency operation and ending on the date of that

certification or recertification if the Secretary of Defense

determines that the member was unable to schedule or complete that

certification or recertification earlier because of that duty.

(b) Eligible Members Described. - A member of the armed forces

referred to in subsection (a) is a member who -

(1) is a medical or dental officer or a nonphysician health

care provider;

(2) has completed any required residency training; and

(3) was, except for the board certification requirement,

otherwise eligible for special pay under section 302(a)(5),

302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title during a duty

assignment in support of a contingency operation.

(c) Period for Certification. - The period referred to in

subsection (a) for completion of board certification or

recertification requirements with respect to a member of the armed

forces is the 180-day period (extended for such additional time as

the Secretary of Defense determines to be appropriate) beginning on

the date on which the member is released from the duty to which the

member was assigned in support of a contingency operation.

-SOURCE-

(Added Pub. L. 102-190, div. A, title VI, Sec. 635(a), Dec. 5,

1991, 105 Stat. 1382.)

-MISC1-

OPERATION DESERT STORM DUTY ASSIGNMENTS

Pub. L. 102-25, title III, Sec. 305, Apr. 6, 1991, 105 Stat. 82,

provided that:

"(a) Certification Interrupted by Operation Desert Storm. - A

member of the Armed Forces described in subsection (b) who

completes the board certification or recertification requirements

specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or

302c(d)(4) of title 37, United States Code, before the end of the

period established for the member in subsection (c) shall be paid

special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or

302c(d)(4) of such title (whichever applies) for active duty

performed after November 5, 1990, and before the date of that

certification and recertification if the Secretary of Defense

determines that the member was unable to schedule or complete that

certification or recertification earlier because of a duty

assignment in connection with Operation Desert Storm.

"(b) Eligible Members Described. - A member of the Armed Forces

referred to in subsection (a) is a member who -

"(1) is a medical or dental officer or a nonphysician health

care provider;

"(2) has completed any required residency training; and

"(3) was, except for the board certification requirement,

otherwise eligible for special pay under section 302(a)(5),

302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title during the

duty assignment in connection with Operation Desert Storm.

"(c) Period for Certification. - The period referred to in

subsection (a) for completion of board certification or

recertification requirements with respect to a member of the Armed

Forces is the 180-day period (extended for such additional time as

the Secretary of Defense determines to be appropriate) beginning on

the date that the member is released from the duty to which the

member was assigned in connection with Operation Desert Storm."

-End-

-CITE-

37 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 304. Special pay: diving duty

-STATUTE-

(a) Under regulations prescribed by the Secretary concerned, a

member of a uniformed service who is entitled to basic pay is

entitled to special pay, in the amount set forth in subsection (b),

for periods during which the member -

(1) is assigned by orders to the duty of diving;

(2) is required to maintain proficiency as a diver by frequent

and regular dives; and

(3) either -

(A) actually performs diving duty while serving in an

assignment for which diving is a primary duty; or

(B) meets the requirements to maintain proficiency as

described in paragraph (2) while serving in an assignment that

includes diving duty other than as a primary duty.

(b) Special pay payable under subsection (a) shall be paid at a

rate of not more than $240 a month, in the case of an officer, and

at a rate of not more than $340 a month, in the case of an enlisted

member.

(c) If, in addition to diving duty, a member is assigned by

orders to one or more hazardous duties described in section 301 of

this title, the member may be paid, for the same period of service,

special pay under this section and incentive pay under such section

301 for each hazardous duty for which the member is qualified.

(d)(1) Under regulations prescribed by the Secretary concerned

and to the extent provided for by appropriations, when a member of

the National Guard or a reserve component of a uniformed service

who is entitled to compensation under section 206 of this title

performs diving duty, pursuant to orders, such member is entitled

to an increase in compensation equal to 1/30 of the monthly

special pay prescribed by the Secretary concerned for the

performance of diving duty by a member of comparable diving

classification who is entitled to basic pay under section 204 of

this title. Such member is entitled to the increase -

(A) for each regular period of instruction, or period of

appropriate duty, at which the member is engaged for at least two

hours, including that performed on a Sunday or holiday; or

(B) for the performance of such other equivalent training,

instruction, duty, or appropriate duties, as the Secretary may

prescribe under section 206(a) of this title.

(2) This subsection does not apply to a member who is entitled to

basic pay under section 204 of this title.

(e) In time of war, the President may suspend the payment of

diving duty pay.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 97-60, title

I, Sec. 115, Oct. 14, 1981, 95 Stat. 995; Pub. L. 100-180, div. A,

title VI, Sec. 624(a), Dec. 4, 1987, 101 Stat. 1103; Pub. L.

102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 105-261, div. A, title VI, Sec. 616(a), Oct. 17, 1998,

112 Stat. 2041; Pub. L. 106-65, div. A, title VI, Sec. 617(a), (b),

Oct. 5, 1999, 113 Stat. 652.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

304(a) 37:236(a), (b). Oct. 12, 1949, ch. 681,

Sec. 205, 63 Stat. 810;

Mar. 31, 1955, ch. 20,

Sec. 2(8)-(10), 69 Stat.

21; Aug. 17, 1961, Pub.

L. 87-145, Sec. 1, 75

Stat. 382.

304(b)

37:236(c).

--------------------------------------------------------------------

In subsection (a), the last sentence is substituted for section

236(b) of existing title 37. The word "competent" is omitted as

surplusage.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65, Sec. 617(a), substituted

"$240" for "$200" and "$340" for "$300".

Subsec. (c). Pub. L. 106-65, Sec. 617(b), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "A

member may be paid special pay under this section and incentive pay

under section 301 of this title for the same period of service only

if the member is assigned by orders to a hazardous duty described

in section 301(a) of this title in addition to diving duty.

However, if a member is paid special pay under this section, the

member is not entitled to more than one payment of incentive pay

under section 301 of this title."

1998 - Subsec. (a)(3). Pub. L. 105-261 amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "actually

performs diving duty."

1991 - Subsec. (a). Pub. L. 102-25 struck out "of this section"

after "subsection (b)".

Subsec. (b). Pub. L. 102-25 struck out "of this section" after

"subsection (a)".

1987 - Subsecs. (d), (e). Pub. L. 100-180 added subsec. (d) and

redesignated former subsec. (d) as (e).

1981 - Pub. L. 97-60 revised provisions of subsec. (a) into new

subsecs. (a), (b), and (c), redesignated subsec. (b) as (d), and,

in provisions of subsec. (a) as revised, added to enumeration of

conditions attached to entitlement to special pay requirement that

the member maintain proficiency as a diver by frequent and regular

dives, substituted a rate of $200 a month for officers and $300 a

month for enlisted men for former rate of $110 a month for all

members, and inserted provisions authorizing payment of both

special pay under this section and incentive pay under section 301

of this title in specified circumstances.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 617(c), Oct. 5, 1999, 113

Stat. 652, provided that: "The amendments made by subsections (a)

and (b) [amending this section] shall take effect on October 1,

1999, and shall apply with respect to special pay paid under such

section for months beginning on or after that date."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title VI, Sec. 616(b), Oct. 17, 1998,

112 Stat. 2041, provided that: "The amendment made by subsection

(a) [amending this section] shall take effect on October 1, 1998,

and shall apply with respect to months beginning on or after that

date."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 624(b) of Pub. L. 100-180 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

the first day of the fourth calendar month following the month in

which this Act is enacted [Dec. 1987] and shall apply only with

respect to diving duty performed on or after that date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 320, 907 of this title.

-End-

-CITE-

37 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 305. Special pay: hardship duty pay

-STATUTE-

(a) Special Pay Authorized. - A member of a uniformed service who

is entitled to basic pay may be paid special pay under this section

at a monthly rate not to exceed $300 while the member is performing

duty in the United States or outside the United States that is

designated by the Secretary of Defense as hardship duty.

(b) Regulations. - The Secretary of Defense shall prescribe

regulations for the provision of hardship duty pay under subsection

(a), including the specific monthly rates at which the special pay

will be available.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88-132, Sec.

12(a), Oct. 2, 1963, 77 Stat. 217; Pub. L. 90-623, Sec. 3(4), Oct.

22, 1968, 82 Stat. 1314; Pub. L. 95-485, title VIII, Sec.

804(b)(1), Oct. 20, 1978, 92 Stat. 1620; Pub. L. 102-25, title VII,

Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105-85,

div. A, title VI, Sec. 619(a)-(c)(1), Nov. 18, 1997, 111 Stat.

1789, 1790; Pub. L. 105-261, div. A, title VI, Sec. 617(a), (c)(1),

Oct. 17, 1998, 112 Stat. 2041.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

305(a) 37:237. Oct. 12, 1949, ch. 681,

Sec. 206, 63 Stat. 811;

May 20, 1958, Pub. L.

85-422, Sec. 1(7), 72

Stat. 125.

305(b) 37:237a. June 30, 1954, ch. 432,

Sec. 729, 68 Stat. 355.

--------------------------------------------------------------------

In subsection (a), the words "Except as provided by subsection

(b) of this section" are inserted for clarity. The words "is also .

. . entitled" are substituted for the words "shall, in addition

thereto . . . be entitled". The words "any place outside the United

States, or in Alaska or Hawaii" are substituted for the words

"beyond the continental limits of the United States or in Alaska",

since, under the source statute, Hawaii was beyond the continental

limits of the United States, and the United States, as defined in

section 101(1) of this revised title, would otherwise include

Alaska and Hawaii. This interpretation conforms to the opinion of

the Comptroller General, B-138956, April 20, 1959 (38 Comp. Gen.

710).

In subsection (b), the words "Appropriation of" are substituted

for the words "of the funds appropriated to" The words "may not be

paid" are substituted for the words "no part . . . shall be

available for the payment" The words "member of a uniformed

service" are substituted for the words "person in the military

service" to conform to subsection (a). The words "Puerto Rico" are

inserted for clarity, since the source statute was applicable to

that place. The words "Virgin Islands" are inserted, since that

unincorporated territory is not covered by the word "possession".

The word "Territory" is omitted as obsolete.

AMENDMENTS

1998 - Pub. L. 105-261, Sec. 617(c)(1), struck out "location"

after "duty" in section catchline.

Subsec. (a). Pub. L. 105-261, Sec. 617(a)(1), substituted

"performing duty in the United States or outside the United States

that is designated by the Secretary of Defense as hardship duty."

for "on duty at a location in the United States or outside the

United States designated by the Secretary of Defense as a hardship

duty location."

Subsec. (b). Pub. L. 105-261, Sec. 617(a)(4), redesignated

subsec. (d) as (b).

Pub. L. 105-261, Sec. 617(a)(2), struck out heading and text of

subsec. (b). Text read as follows: "Appropriations of the

Department of Defense may not be paid, as hardship duty location

pay under subsection (a), to a member of a uniformed service who is

a resident of a State, Puerto Rico, the Virgin Islands, a

possession, or a foreign country and who is serving in that State,

Puerto Rico, the Virgin Islands, that possession, or that foreign

country, as the case may be."

Subsec. (c). Pub. L. 105-261, Sec. 617(a)(2), struck out heading

and text of subsec. (c). Text read as follows: "A member receiving

special pay under section 305a of this title may not be paid

hardship duty location pay under subsection (a) for the same period

of service."

Subsec. (d). Pub. L. 105-261, Sec. 617(a)(4), redesignated

subsec. (d) as (b).

Pub. L. 105-261, Sec. 617(a)(3), substituted "hardship duty pay"

for "hardship duty location pay".

1997 - Pub. L. 105-85, Sec. 619(c)(1), substituted "hardship duty

location pay" for "while on duty at certain places" in section

catchline.

Subsec. (a). Pub. L. 105-85, Sec. 619(a), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "Except

as provided by subsections (b) and (c), under regulations

prescribed by the President, an enlisted member of a uniformed

service who is entitled to basic pay may, while on duty at a

designated place outside the 48 contiguous States and the District

of Columbia, be paid special pay at the following monthly rates:

Pay grade Monthly rate

--------------------------------------------------------------------

E-9 $22.50

E-8 22.50

E-7 22.50

E-6 20.00

E-5 16.00

E-4 13.00

E-3 9.00

E-2 8.00

E-1 8.00."

--------------------------------------------------------------------

Subsec. (b). Pub. L. 105-85, Sec. 619(b)(1), inserted heading and

substituted "as hardship duty location pay" for "as foreign duty

pay" in text.

Subsec. (c). Pub. L. 105-85, Sec. 619(b)(2), inserted heading and

substituted "hardship duty location pay under subsection (a)" for

"special pay under this section" in text.

Subsec. (d). Pub. L. 105-85, Sec. 619(b)(3), added subsec. (d).

1991 - Subsec. (a). Pub. L. 102-25 struck out "of this section"

after "subsections (b) and (c)".

Subsec. (b). Pub. L. 102-25 struck out "of this section" after

"subsection (a)".

1978 - Pub. L. 95-485, Sec. 804(b)(1)(C), substituted "on duty"

for "on sea duty or duty" in section catchline.

Subsec. (a). Pub. L. 95-485, Sec. 804(b)(1)(A), inserted

reference to subsec. (c) of this section and struck out provision

entitling an enlisted member of a uniformed service who is entitled

to basic pay to special pay while on sea duty.

Subsec. (c). Pub. L. 95-485, Sec. 804(b)(1)(B), added subsec.

(c).

1968 - Subsec. (a)(2). Pub. L. 90-623 substituted "48 contiguous

States" for "contiguous 48 States".

1963 - Pub. L. 88-132 substituted "while on sea duty or duty at

certain places" for "sea and foreign duty" in section catchline.

Subsec. (a). Pub. L. 88-132 designated existing provisions as cl.

(1) and substituted provisions of cl. (2) permitting special pay

for an enlisted member of a uniformed service while on duty at a

designated place outside the contiguous 48 States and the District

of Columbia for former provision entitling such member to special

pay while on duty in any place outside the United States, or in

Alaska or Hawaii.

Subsec. (b). Pub. L. 88-132 substituted "a State, Puerto Rico,

the Virgin Islands, a possession, or a foreign country and who is

serving in that State, Puerto Rico, the Virgin Islands, that

possession, or that foreign country" for "Alaska, Hawaii, Puerto

Rico, the Virgin Islands, or a possession, unless that member is

serving in an area outside Alaska, Hawaii, the Virgin Islands, or a

possession, of which he is a resident".

EFFECTIVE DATE OF 1978 AMENDMENT

Section 804(b)(3) of Pub. L. 95-485 provided that: "The

amendments made by this subsection [amending this section] shall

take effect on October 1, 1978."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of this

title.

SAVINGS PROVISION

Section 12(b) of Pub. L. 88-132 provided that: "Notwithstanding

subsection (a) [amending this section], an enlisted member who, on

the day before the effective date of this Act [Oct. 1, 1963], was

permanently assigned to duty at a place outside the United States

or in Alaska or Hawaii, shall, during the remaining period of that

assignment, but not after that place is designated for the purpose

of section 305(a)(2) of title 37, United States Code, be paid the

basic pay to which he was entitled on that date plus special pay

under section 305 of title 37, United States Code, whenever

qualified thereunder as that section was in effect on the day

before the effective date of this Act, if the total of that basic

pay and that special pay is more than the basic pay to which he

would otherwise be entitled during that period under section 2 of

this Act [amending section 203 of this title]."

TRANSITION PROVISION

Section 619(e) of Pub. L. 105-85 provided that: "Until such time

as the Secretary of Defense prescribes regulations regarding the

provision of hardship duty location pay under section 305 of title

37, United States Code, as amended by this section, the Secretary

may continue to use the authority provided by such section 305, as

in effect on the day before the date of the enactment of this Act

[Nov. 18, 1997], to provide special pay to enlisted members of the

uniformed services on duty at certain places."

SEA DUTY PERFORMED BETWEEN OCTOBER 1, 1978, AND SEPTEMBER 30, 1981

Section 804(c) of Pub. L. 95-485 provided that: "Any individual

who on September 30, 1978, is an enlisted member of a uniformed

service shall be eligible to receive special pay under section

305(a)(1) of title 37, United States Code, as in effect on

September 30, 1978, for any period of sea duty performed by such

individual during the period beginning on October 1, 1978, and

ending on September 30, 1981, for which such individual does not

receive special pay under section 305a of such title (as added by

subsection (a))."

REGULATIONS RELATING TO SPECIAL PAY

Regulations relating to special pay for sea duty and duty at

certain places, see Ex. Ord. No. 11157, June 22, 1964, 29 F.R.

7973, set out as a note under section 301 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10168

Ex. Ord. No. 10168, Oct. 11, 1950, 15 F.R. 6877, as amended by

Ex. Ord. No. 10821, May 20, 1959, 24 F.R. 4123; Ex. Ord. No. 10989,

Jan. 23, 1962, 27 F.R. 727; Ex. Ord. No. 11120, Oct. 2, 1963, 28

F.R. 10631, which concerned regulations relating to special pay for

sea duty and duty at certain places, was revoked by Ex. Ord. No.

11157, June 22, 1964, 29 F.R. 7973, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907 of this title.

-End-

-CITE-

37 USC Sec. 305a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 305a. Special pay: career sea pay

-STATUTE-

(a) Availability of Special Pay. - A member of a uniformed

service who is entitled to basic pay is also entitled, while on sea

duty, to special pay at the applicable rate under subsection (b).

(b) Rates; Maximum. - The Secretary concerned shall prescribe the

monthly rates for special pay applicable to members of each armed

force under the Secretary's jurisdiction. No monthly rate may

exceed $750.

(c) Premium. - A member of a uniformed service entitled to career

sea pay under this section who has served 36 consecutive months of

sea duty is also entitled to a career sea pay premium for the

thirty-seventh consecutive month and each subsequent consecutive

month of sea duty served by such member. The monthly amount of the

premium shall be prescribed by the Secretary concerned, but may not

exceed $350.

(d) Regulations. - The Secretary concerned shall prescribe

regulations for the administration of this section for the armed

force or armed forces under the jurisdiction of the Secretary. The

entitlements under this section shall be subject to the

regulations.

(e) Definition of Sea Duty. - (1) In this section, the term "sea

duty" means duty performed by a member -

(A) while permanently or temporarily assigned to a ship and -

(i) while serving on a ship the primary mission of which is

accomplished while under way;

(ii) while serving as a member of the off-crew of a

two-crewed submarine; or

(iii) while serving as a member of a tender-class ship (with

the hull classification of submarine or destroyer); or

(B) while permanently or temporarily assigned to a ship and

while serving on a ship the primary mission of which is normally

accomplished while in port, but only during a period that the

ship is away from its homeport.

(2) The Secretary concerned may designate duty performed by a

member while serving on a ship the primary mission of which is

accomplished either while under way or in port as "sea duty" for

purposes of this section, even though the duty is performed while

the member is permanently or temporarily assigned to a ship-based

staff or other unit not covered by paragraph (1).

(3) For the purpose of determining the years of sea duty with

which a member may be credited for purposes of this section, the

term "sea duty" also includes duty performed after December 31,

1988, by a member while permanently or temporarily assigned to a

ship or ship-based staff and while serving on a ship on which the

member would be entitled, during a period that the ship is away

from its homeport, to receive sea pay by reason of paragraph

(1)(B).

(4) A ship shall be considered to be away from its homeport for

purposes of this subsection when it is -

(A) at sea; or

(B) in a port that is more than 50 miles from its homeport.

-SOURCE-

(Added Pub. L. 95-485, title VIII, Sec. 804(a)(1), (2), Oct. 20,

1978, 92 Stat. 1620; amended Pub. L. 96-343, Sec. 3(a), (b), Sept.

8, 1980, 94 Stat. 1124; Pub. L. 96-579, Sec. 4(a), Dec. 23, 1980,

94 Stat. 3364; Pub. L. 97-60, title I, Sec. 116, Oct. 14, 1981, 95

Stat. 996; Pub. L. 97-295, Sec. 3(1), Oct. 12, 1982, 96 Stat. 1303;

Pub. L. 98-525, title VI, Sec. 623(a), Oct. 19, 1984, 98 Stat.

2541; Pub. L. 99-145, title VI, Sec. 634(a), Nov. 8, 1985, 99 Stat.

647; Pub. L. 100-26, Sec. 8(e)(5), Apr. 21, 1987, 101 Stat. 286;

Pub. L. 100-180, div. A, title VI, Sec. 621(a)-(c), Dec. 4, 1987,

101 Stat. 1097, 1099; Pub. L. 100-224, Sec. 5(a)(1), Dec. 30, 1987,

101 Stat. 1538; Pub. L. 100-456, div. A, title XII, Sec.

1233(b)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101-189, div.

A, title VI, Sec. 653(b), Nov. 29, 1989, 103 Stat. 1462; Pub. L.

102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 102-190, div. A, title XI, Sec. 1111(d)(3), Dec. 5,

1991, 105 Stat. 1492; Pub. L. 104-106, div. A, title VI, Sec. 618,

Feb. 10, 1996, 110 Stat. 362; Pub. L. 105-85, div. A, title VI,

Sec. 620, Nov. 18, 1997, 111 Stat. 1790; Pub. L. 106-398, Sec. 1

[[div. A], title VI, Sec. 630(a), (b)], Oct. 30, 2000, 114 Stat.

1654, 1654A-156.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 630(a)(1)], inserted heading and substituted "A member" for

"Under regulations prescribed by the President, a member" in text.

Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

630(a)(3)], added subsec. (b) and struck out former subsec. (b)

which contained tables specifying the monthly rates for special pay

under subsec. (a) for enlisted members, warrant officers, and

commissioned officers.

Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

630(a)(3)], added subsec. (c) and struck out former subsec. (c)

which read as follows: "Under regulations prescribed by the

President, a member of a uniformed service who is entitled to

career sea pay under this section who has served 36 consecutive

months of sea duty (other than an enlisted member in a pay grade

above E-4 with more than five years of sea duty) is entitled to a

career sea pay premium of $100 a month for the thirty-seventh

consecutive month and each subsequent consecutive month of sea duty

served by such member."

Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

630(a)(3)], added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

630(a)(2), (b)], redesignated subsec. (d) as (e) and inserted

heading.

1997 - Subsec. (d)(1)(A). Pub. L. 105-85, Sec. 620(1), struck out

", ship-based staff, or ship-based aviation unit" after "assigned

to a ship".

Subsec. (d)(1)(B). Pub. L. 105-85, Sec. 620(2), struck out "or

ship-based staff" after "assigned to a ship".

Subsec. (d)(2) to (4). Pub. L. 105-85, Sec. 620(3), (4), added

par. (2) and redesignated former pars. (2) and (3) as (3) and (4),

respectively.

1996 - Subsec. (d)(1)(A). Pub. L. 104-106 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "while

permanently or temporarily assigned to a ship, ship-based staff, or

ship-based aviation unit and while serving on a ship the primary

mission of which is accomplished while under way or while serving

as a member of the off-crew of a two-crewed submarine; or".

1991 - Subsec. (a). Pub. L. 102-25 struck out "of this section"

after "subsection (b)".

Subsec. (b). Pub. L. 102-190, in table pertaining to warrant

officers, added provisions relating to pay grade W-5 in three

places.

1989 - Subsec. (b). Pub. L. 101-189 inserted "COMMISSIONED"

before "OFFICERS" in heading of table relating to officers in pay

grades O-1 through O-6.

1988 - Subsec. (d)(2). Pub. L. 100-456 substituted "after

December 31, 1988," for "on or after the effective date specified

in section 621(e)(1) of the National Defense Authorization Act for

Fiscal Year 1988".

1987 - Subsec. (b). Pub. L. 100-224 substituted "Over 14" for

"Over 13" in table relating to warrant officers.

Pub. L. 100-180, Sec. 621(a), in amending subsec. (b) generally,

struck out "of this section" after "subsection (a)" in introductory

provisions and amended table pertaining to enlisted members so as

to reflect downward adjustment in monthly special pay rates for

persons in pay grade E-4 having over 2 years of sea duty and for

persons in pay grades E-5 through E-9 having less than 5 years of

sea duty, and amended table so as to reflect upward adjustment for

persons in pay grades E-5 through E-9 having over 5 years of sea

duty, amended table pertaining to warrant officers so as to reflect

upward adjustment for persons in pay grades W-1 through W-3 having

over 9 years of sea duty and for persons in pay grade W-4 having

over 10 years of sea duty, and in table pertaining to officers for

pay grade O-4 substituted "220" for "215" in the column for "Over

8".

Subsec. (c). Pub. L. 100-180, Sec. 621(b), inserted "(other than

an enlisted member in a pay grade above E-4 with more than five

years of sea duty)" after first reference to "sea duty".

Subsec. (d). Pub. L. 100-180, Sec. 621(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "In

this section, the term 'sea duty' means duty performed by a member

-

"(1) while permanently or temporarily assigned to a ship,

ship-based staff, or ship-based aviation unit and while serving

on a ship the primary mission of which is accomplished while

underway or while serving as a member of the off crew of a

two-crewed submarine; or

"(2) while permanently or temporarily assigned to a ship or

ship-based staff and while serving on a ship the primary mission

of which is normally accomplished while in port, but only during

a period that the ship is away from its homeport for 30

consecutive days or more.

A ship is considered away from its homeport for purposes of clause

(2) of the first sentence when it is at sea or in a port that is

more than 50 miles from its homeport."

Pub. L. 100-26 substituted "In this section," for "For the

purposes of this section,".

1985 - Subsec. (b). Pub. L. 99-145 amended table for warrant

officers for pay grade W-3 by substituting "330" for "310" in

column for "Over 12", and for pay grade W-4, substituted "320" for

"310" in column for "Over 10", substituted "330" for "310" in

column for "Over 11", and "350" for "310" in column for "Over 12",

inserted columns for "Over 14", "Over 16", "Over 18", and "Over

20", and in table for commissioned officers inserted columns for

"Over 14", "Over 16", "Over 18", and "Over 20", and struck out the

subscript qualifier for pay grades O-1 and O-2, which read:

"Commissioned officers with at least four years of active service

as enlisted members or as noncommissioned warrant officers".

1984 - Subsec. (b). Pub. L. 98-525 amended table relating to

rates of pay for enlisted members by substituting "265" for "255"

and "320" for "310" in column for "Over 10", "265" for "255" and

"330" for "310" in column for "Over 11", "280" for "255", "320" for

"310", and "350" for "310" in column for "Over 12", and inserted

columns for "Over 13", "Over 14", "Over 16", and "Over 18".

1982 - Subsec. (d). Pub. L. 97-295 substituted "clause (2)" for

"clause (B)" after "for purposes of".

1981 - Subsec. (d)(1). Pub. L. 97-60 inserted provisions relating

to service as a member of the off crew of a two-crewed submarine.

1980 - Subsec. (a). Pub. L. 96-579 substituted provision

declaring a member of a uniformed service entitled to basic pay as

eligible for special pay for prior provision for eligibility to

such pay of an enlisted member of a uniformed service entitled to

basic pay, in pay grade E-4 or above, with three years of sea duty.

Subsec. (b). Pub. L. 96-579 substituted special monthly pay table

for enlisted members, warrant officers, and commissioned officers

for prior special monthly rate for enlisted members for sea duty

above prescribed number of years: $29, 3 yrs.; $40, 5 yrs.; $52, 7

yrs.; $63, 9 yrs.; $75, 10 yrs.; $86, 11 yrs.; and $115, 12 yrs.

Pub. L. 96-343 substituted provision authorizing monthly rates of

special pay of $29 for over 3 years, $40 for over 5 years, $52 for

over 7 years, $63 for over 10 years, $86 for over 11 years, and

$115 for over 12 years for provision authorizing monthly rates of

special pay during fiscal year 1979 or 1980 of $25 for over 3

years, $35 for over 5 years, and $55 for over 12 years and for

fiscal year 1981 rates of $25 for over 3 years, $35 for over 5

years, $45 for over 7 years, and $55 for over 12 years.

Subsecs. (c), (d). Pub. L. 96-579 added subsecs. (c) and (d).

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 630(c)], Oct.

30, 2000, 114 Stat. 1654, 1654A-156, provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 2000, and shall apply with respect to months beginning

on or after that date."

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1987 AMENDMENT; SAVE PAY; DEFINITIONS

Section 621(d)-(f) of Pub. L. 100-180 provided that:

"(d) Save Pay. - A member of the uniformed services who at any

time during the three-month period ending on the day before the

effective date applicable to that member under subsection (e) for

the new rates of career sea pay is entitled to career sea pay at a

rate that is higher than the rate established under such new rates

for the member's pay grade and years of sea duty shall be paid such

special pay, when entitled to receive it, at such higher rate until

the member is permanently reassigned to duty for which the member

is not entitled to such special pay. In the case of a member

covered by the preceding sentence who is reduced in grade under the

Uniform Code of Military Justice (chapter 47 of title 10, United

States Code), the old rate of career sea pay applicable to such

member under the preceding sentence which may be paid in lieu of

the rate applicable to the member under the new rates of career sea

pay shall be the rate under the old rates of career sea pay for the

member's pay grade as so reduced and the member's years of sea

duty.

"(e) Effective Date. - (1) Except as provided under paragraph

(2), the amendments made by this section [amending this section]

shall take effect on the first day of the first month beginning

after the date of the enactment of this Act [Dec. 4, 1987] and

shall apply with respect to duty performed on or after that date.

"(2) The new rates of career sea pay that are applicable to

enlisted members in pay grades above pay grade E-4 who have five or

more years of sea duty and the amendment made by subsection (b)

[amending this section] shall take effect on the first day of the

fourth month beginning after the effective date specified under

paragraph (1). In the case of such members, the old rates of career

sea pay shall remain in effect until the new rates take effect

under the preceding sentence.

"(f) Definitions. - For purposes of subsections (d) and (e):

"(1) The term 'career sea pay' means special pay under section

305a of title 37, United States Code.

"(2) The term 'old rates', with respect to career sea pay,

means the rates of such pay in effect on the date of the

enactment of this Act [Dec. 4, 1987].

"(3) The term 'new rates', with respect to career sea pay,

means the rates of such pay provided by the amendment made by

subsection (a) [amending this section]."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 634(b) of Pub. L. 99-145 provided that: "The amendment

made by this section [amending this section] shall take effect on

October 1, 1985."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 623(c) of Pub. L. 98-525 provided that: "The amendments

made by this section [amending this section and section 307 of this

title] shall take effect on October 1, 1984."

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 4(b) of Pub. L. 96-579 provided: "The amendment made by

this section [amending this section] shall be effective with

respect to special pay payable under section 305a of title 37,

United States Code, for months after the month in which this

section is enacted [December 1980]."

Section 3(c) of Pub. L. 96-343 provided that: "The amendments

made by this section [amending this section and repealing section

804(a)(2) of Pub. L. 95-485, formerly set out as a note below]

shall be effective with respect to special pay payable under

section 305a of title 37, United States Code, for months after

August 1980."

EFFECTIVE DATE

Section 804(a)(1) of Pub. L. 95-485 provided that this section is

effective Oct. 1, 1978.

REPEALS

Pub. L. 95-485, title VIII, Sec. 804(a)(2), Oct. 20, 1978, 92

Stat. 1620, which amended subsec. (b) of this section effective

Oct. 1, 1981, to provide for monthly rates of special pay of $25

for over 3 years, $35 for over 5 years, $45 for over 7 years, $55

for over 9 years, $65 for over 10 years, $75 for over 11 years, and

$100 for over 12 years was repealed by Pub. L. 96-343, Sec. 3(b),

Sept. 8, 1980, 94 Stat. 1124.

DETERMINATION OF AMOUNT OF SEA CREDIT; PERIODS PRIOR TO OCTOBER 1,

1978

Section 804(a)(3) of Pub. L. 95-485 provided that: "In

determining the amount of sea duty to be credited to an enlisted

member of a uniformed service for purposes of section 305a of title

37, United States Code (as added by paragraph (1)), the Secretary

concerned shall credit such member with all periods of service by

such member before October 1, 1978, during which such member served

in a sea duty status."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907 of this title.

-End-

-CITE-

37 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 306. Special pay: officers holding positions of unusual

responsibility and of critical nature

-STATUTE-

(a) The Secretary concerned may designate positions of unusual

responsibility which are of a critical nature to an armed force

under his jurisdiction and may pay special pay, in addition to

other pay prescribed by law, to an officer of an armed force who is

entitled to the basic pay of pay grade O-6 or below and who is

performing the duties of such a position, at the following monthly

rates:

Pay Grade Monthly Rate

--------------------------------------------------------------------

O-6 $150

O-5 100

O-4 and below 50

--------------------------------------------------------------------

(b) The Secretary concerned shall prescribe the criteria and

circumstances under which officers of an armed force under his

jurisdiction are eligible for special pay under this section and,

when he considers it necessary, may abolish that special pay.

(c) Not more than 5 percent of the number of officers on active

duty (other than for training) in an armed force in each of the pay

grades O-3 and below, and not more than 10 percent of the number of

officers on active duty in an armed force in pay grade O-4, O-5, or

O-6, may be paid special pay under this section.

(d) This section shall be administered under regulations

prescribed by the Secretary of Defense for the armed forces under

his jurisdiction, and by the Secretary of Homeland Security for the

Coast Guard when the Coast Guard is not operating as a service in

the Navy.

(e) This section does not apply to a person who is entitled to

special pay under section 302, 302a, 302b, or 303 of this title.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90-623, Sec.

3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-284, Sec. 6, June

28, 1980, 94 Stat. 593; Pub. L. 96-470, title II, Sec. 202(b), Oct.

19, 1980, 94 Stat. 2242; Pub. L. 97-322, title I, Sec. 116, Oct.

15, 1982, 96 Stat. 1586; Pub. L. 101-510, div. A, title XIII, Sec.

1322(c)(3), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102-587, title V,

Sec. 5205, Nov. 4, 1992, 106 Stat. 5074; Pub. L. 107-296, title

XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

306(a) 37:241(a) (less last Oct. 12, 1949, ch. 681,

sentence). Sec. 210; added May 20,

1958, Pub. L. 85-422,

Sec. 1(8), 72 Stat. 126.

306(b) 37:241(a) (last sentence).

306(c) 37:241(b).

306(d) 37:241(c).

306(e) 37:241(d).

306(f) 37:241(e).

--------------------------------------------------------------------

In subsection (a), the words "an armed force under his

jurisdiction" are substituted for the words "the service concerned"

in the first sentence of section 241(a) of existing title 37 to

conform to the last sentence of that subsection.

In subsection (c), the words "(other than for training)" are

inserted for clarity, since members on duty for training only are

not included in computing strength authorizations.

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1992 - Subsec. (a). Pub. L. 102-587, Sec. 5205(a), substituted

"of pay grade O-6 or below" for "of pay grade O-3, O-4, O-5, or

O-6" in text and amended table by substituting "O-4 and below" for

"O-4" and striking out line providing monthly rate of $50 for pay

grade O-3.

Subsec. (c). Pub. L. 102-587, Sec. 5205(b), substituted "in each

of the pay grades O-3 and below," for "in pay grade O-3,".

1990 - Subsec. (f). Pub. L. 101-510 struck out subsec. (f) which

read as follows: "The Secretary of Defense shall report to Congress

by March 1 of each year following a calendar year in which special

pay is disbursed under this section. Negative reports need not be

submitted."

1982 - Subsec. (f). Pub. L. 97-322 struck out last sentence

providing that the Secretary of Transportation shall make a similar

report for the Coast Guard when the Coast Guard is not operating as

a service in the Navy.

1980 - Subsec. (e). Pub. L. 96-284 made section inapplicable to a

person entitled to special pay under section 302a or 302b of this

title.

Subsec. (f). Pub. L. 96-470 substituted provision requiring the

Secretary of Defense to report by Mar. 1 of each year following a

calendar year in which special pay is disbursed under this section

and providing that negative reports need not be submitted for

provision requiring the Secretary of Defense to report by Mar. 1 of

each year on the administration of this section within each

military department during the preceding calendar year.

1968 - Subsecs. (d), (f). Pub. L. 90-623 substituted "Secretary

of Transportation" for "Secretary of the Treasury".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on October 22, 1968, see

section 6 of Pub. L. 90-623, set out as a note under section 5334

of Title 5, Government Organization and Employees.

-End-

-CITE-

37 USC Sec. 306a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 306a. Special pay: members assigned to international military

headquarters

-STATUTE-

Not more than nine members of the armed forces, including members

detailed to international military headquarters, may be paid pay

and allowances at rates referred to in section 625(d) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)).

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1402(b)(1), Oct. 19, 1984,

98 Stat. 2621.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in the following prior appropriations acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) [title VIII,

Sec. 8005], 98 Stat. 1904, 1922.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 708, 97 Stat. 1438.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) [title VII,

Sec. 708], 96 Stat. 1833, 1850.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 708, 95 Stat.

1579.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 708, 94 Stat.

3081.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 708, 93 Stat.

1152.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 808, 92 Stat.

1244.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 807, 91 Stat.

899.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 707, 90 Stat.

1291.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 707, 90 Stat. 168.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 807, 88 Stat.

1225.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 707, 87 Stat. 1038.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 707, 86 Stat.

1196.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 707, 85 Stat. 727.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 807, 84 Stat.

2030.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 607, 83 Stat. 480.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of Title 10, Armed

Forces.

-End-

-CITE-

37 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 307. Special pay: special duty assignment pay for enlisted

members

-STATUTE-

(a) An enlisted member who is entitled to basic pay and is

performing duties which have been designated under subsection (b)

as extremely difficult or as involving an unusual degree of

responsibility in a military skill may, in addition to other pay or

allowances to which he is entitled, be paid special duty assignment

pay at a monthly rate not to exceed $600.

(b) The Secretary concerned shall determine which enlisted

members under his jurisdiction are to be paid special duty

assignment pay under subsection (a). He shall also designate those

skills within each armed force under his jurisdiction for which

special duty assignment pay is authorized and shall prescribe the

criteria under which members of that armed force are eligible for

special duty assignment pay in each skill. He may increase,

decrease, or abolish such pay for any skill.

(c) This section shall be administered under regulations

prescribed by the Secretary of Defense for the armed forces under

his jurisdiction and by the Secretary of Homeland Security for the

Coast Guard when the Coast Guard is not operating as a service in

the Navy.

(d)(1) Under regulations prescribed by the Secretary concerned

and to the extent provided for by appropriations, when an enlisted

member of the National Guard or a reserve component of a uniformed

service who is entitled to compensation under section 206 of this

title performs duty for which a member described in subsection (a)

is entitled to special pay under such subsection, the member of the

National Guard or reserve component is entitled to an increase in

compensation equal to 1/30 of the monthly special duty assignment

pay prescribed by the Secretary concerned for the performance of

that same duty by members described in subsection (a).

(2) A member of the National Guard or a reserve component

entitled to an increase in compensation under paragraph (1) is

entitled to the increase -

(A) for each regular period of instruction, or period of

appropriate duty, at which the member is engaged for at least two

hours, including that performed on a Sunday or holiday; or

(B) for the performance of such other equivalent training,

instruction, duty, or appropriate duties, as the Secretary may

prescribe under section 206(a) of this title.

(3) This subsection does not apply to a member of the National

Guard or a reserve component who is entitled to basic pay under

section 204 of this title.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 90-623, Sec.

3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 98-525, title VI, Sec.

623(b)(1), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 102-25, title VII,

Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-106,

div. A, title VI, Sec. 619(a), Feb. 10, 1996, 110 Stat. 363; Pub.

L. 106-398, Sec. 1 [[div. A], title VI, Secs. 631, 632(a)], Oct.

30, 2000, 114 Stat. 1654, 1654A-156; Pub. L. 107-296, title XVII,

Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

307(a) 37:240(a). Oct. 12, 1949, ch. 681,

Sec. 209; added May 20,

1958, Pub. L. 85-422,

Sec. 1(8), 72 Stat. 125.

307(b)

307(c)

307(d)

37:240(b).

37:240(c).

37:240(d).

--------------------------------------------------------------------

In subsection (a)(1), the words "prescribed in section 232(a) of

this title" and "in accordance with his cumulative years of service

for pay purposes" are omitted as surplusage and as covered by

sections 201, 202, and 203 of this revised title.

In subsection (a)(2), the words "special or incentive pays" are

omitted as surplusage.

In subsections (a)(1) and (b), the word "allowances" is omitted,

since, under sections 402 and 403 of this revised title, allowances

depend upon pay grade to which assigned, or in which distributed

for basic pay purposes.

In subsection (b), the words "computed under section 205 of this

title" are substituted for the words "cumulative . . . for pay

purposes".

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 631], substituted "$600" for "$275" and struck out at end "In

the case of a member who is serving as a military recruiter and is

eligible for special duty assignment pay under this subsection on

account of such duty, the Secretary concerned may increase the

monthly rate of special duty assignment pay for the member to not

more than $375."

Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

632(a)], added subsec. (d).

1996 - Subsec. (a). Pub. L. 104-106 inserted at end "In the case

of a member who is serving as a military recruiter and is eligible

for special duty assignment pay under this subsection on account of

such duty, the Secretary concerned may increase the monthly rate of

special duty assignment pay for the member to not more than $375."

1991 - Subsec. (a). Pub. L. 102-25 struck out "of this section"

after "subsection (b)".

Subsec. (b). Pub. L. 102-25 struck out "of this section" after

"subsection (a)".

1984 - Pub. L. 98-525 substituted "special duty assignment pay

for enlisted members" for "proficiency pay for enlisted members" in

section catchline.

Subsec. (a). Pub. L. 98-525 substituted provisions directing that

an enlisted member who is entitled to basic pay and is performing

duties which have been designated under subsection (b) of this

section as extremely difficult or as involving an unusual degree of

responsibility in a military skill may, in addition to other pay or

allowances to which he is entitled, be paid special duty assignment

pay at a monthly rate not to exceed $275, for provisions which

directed that an enlisted member of a uniformed service who was

entitled to basic pay and was designated as being specially

proficient in a military skill of the uniformed service concerned

could (1) be advanced to an enlisted pay grade that was higher than

his pay grade at the time of his designation and be entitled to the

basic pay and special or incentive pay of that higher grade, or (2)

in addition to other pay or allowances to which he was entitled

under this title, be paid proficiency pay at a monthly rate that

was not more than the rate prescribed in a table for the

proficiency rating to which he was assigned, setting maximum

monthly rates of $50, $100, or $150.

Subsec. (b). Pub. L. 98-525 redesignated subsec. (c) as (b),

substituted references to special duty assignment pay for former

references to proficiency pay, and struck out provisions which had

authorized the Secretary to elect one of two methods formerly set

out in subsecs. (a)(1) and (a)(2) for paying each uniformed service

under his jurisdiction, with a proviso that if he elected to have

proficiency pay paid under former subsec. (a)(1) of this section,

enlisted members in a military grade or rank assigned to pay grade

E-8 or E-9 could be paid proficiency pay at a monthly rate that is

not more than the highest rate prescribed by subsection (a)(2) of

this section, but if he elected to have proficiency pay paid under

subsection (a)(2) of this section, he could prescribe, within the

limitations set forth in that subsection, the pay for each

proficiency rating prescribed therein. Former subsec. (b), which

had provided that an enlisted member who had less than 8 or 10

years, as the case might be, of enlisted service computed under

section 205 of this title and who had been advanced under

subsection (a)(1) of this section to pay grade E-8 or E-9,

respectively, was entitled to the minimum amount of basic pay and

special or incentive pay prescribed for that pay grade until his

years of service computed under that section entitled him to a

higher rate of those pays, was struck out.

Subsecs. (c), (d). Pub. L. 98-525 redesignated subsec. (d) as (c)

and substituted "armed forces under his jurisdiction" for

"uniformed services under his jurisdiction". Former subsec. (c)

redesignated (b) and amended.

1968 - Subsec. (d). Pub. L. 90-623 substituted "Secretary of

Transportation" for "Secretary of the Treasury".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 632(b)], Oct.

30, 2000, 114 Stat. 1654, 1654A-157, provided that: "The amendment

made by subsection (a) [amending this section] shall take effect

October 1, 2000."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 619(b) of Pub. L. 104-106 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

January 1, 1996."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section

623(c) of Pub. L. 98-525, set out as a note under section 305a of

this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968 see section 6

of Pub. L. 90-623, set out as a note under section 5334 of Title 5,

Government Organization and Employees.

MEMBERS ENTITLED TO SPECIAL PAY AS OF SEPTEMBER 30, 1984

Section 623(b)(3) of Pub. L. 98-525 provided that: "A member of

the uniformed services who, on September 30, 1984, was entitled to

special pay under section 307 of title 37, United States Code [this

section], as in effect on such date, may continue to be paid the

special pay authorized by such section as though the amendments

made by this subsection [amending this section] had not been made.

However, a member may not be paid the special pay authorized by

such section as in effect on September 30, 1984, and the special

pay authorized by such section as amended by this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 907 of this title.

-End-

-CITE-

37 USC Sec. 307a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 307a. Special pay: assignment incentive pay

-STATUTE-

(a) Authority. - The Secretary concerned may pay monthly

incentive pay under this section to a member of a uniformed service

who performs service, while entitled to basic pay, in an assignment

designated by the Secretary concerned.

(b) Written Agreement. - The period for which incentive pay will

be provided under this section and the monthly rate of the

incentive pay for a member shall be specified in a written

agreement between the Secretary concerned and the member.

Agreements entered into by the Secretary of a military department

shall require the concurrence of the Secretary of Defense.

(c) Maximum Rate. - The maximum monthly rate of incentive pay

payable to a member under this section is $1,500.

(d) Relationship to Other Pay and Allowances. - Incentive pay

paid to a member under this section is in addition to any other pay

and allowances to which the member is entitled.

(e) Status Not Affected by Temporary Duty or Leave. - The service

of a member in an assignment referred to in subsection (a) shall

not be considered discontinued during any period that the member is

not performing service in the assignment by reason of temporary

duty performed by the member pursuant to orders or absence of the

member for authorized leave.

(f) Termination of Authority. - No agreement under this section

may be entered into after December 31, 2005.

-SOURCE-

(Added Pub. L. 107-314, div. A, title VI, Sec. 616(a)(1), Dec. 2,

2002, 116 Stat. 2569.)

-MISC1-

ANNUAL REPORT

Pub. L. 107-314, div. A, title VI, Sec. 616(b), Dec. 2, 2002, 116

Stat. 2570, provided that: "Not later than February 28, 2004, and

February 28, 2005, 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 a report on the use

of the authority provided under section 307a of title 37, United

States Code, as added by subsection (a), including an assessment of

the utility of that authority."

-End-

-CITE-

37 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308. Special pay: reenlistment bonus

-STATUTE-

(a)(1) A member of a uniformed service who -

(A) has completed at least 17 months of continuous active duty

(other than for training) but not more than fourteen years of

active duty;

(B) is qualified in a military skill designated as critical by

the Secretary of Defense, or by the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as service in the Navy;

(C) is not receiving special pay under section 312a of this

title; and

(D) reenlists or voluntarily extends the member's enlistment

for a period of at least three years -

(i) in a regular component of the service concerned; or

(ii) in a reserve component of the service concerned, if the

member is performing active Guard and Reserve duty (as defined

in section 101(d)(6) of title 10).(!1)

may be paid a bonus as provided in paragraph (2).

(2) The bonus to be paid under paragraph (1) may not exceed the

lesser of the following amounts:

(A) The amount equal to the product of -

(i) 15 times the monthly rate of basic pay to which the

member was entitled at the time of the discharge or release of

the member; and

(ii) the number of years (or the monthly fractions thereof)

of the term of reenlistment or extension of enlistment, not to

exceed six.

(B) $60,000.

(3) Any portion of a term of reenlistment or extension of

enlistment of a member that, when added to the total years of

service of the member at the time of discharge or release, exceeds

16 years may not be used in computing a bonus under paragraph

(2)(A).

(4) Notwithstanding paragraph (1)(B), a member who agrees to

train and reenlist for service in a military skill which, at the

time of that agreement, is designated as critical, may be paid the

bonus approved for that skill, at the rate in effect at the time of

agreement, upon completion of training and qualification in that

skill, if otherwise qualified under this subsection and even if

that skill is no longer designated as critical at the time the

member becomes eligible for payment of the bonus.

(b) Bonus payments authorized under this section may be paid in

either a lump sum or in installments. If the bonus is paid in

installments, the initial payment shall be not less than 50 percent

of the total bonus amount.

(c) For the purpose of computing the reenlistment bonus in the

case of an officer with prior enlisted service who may be entitled

to a bonus under subsection (a), the monthly basic pay of the grade

in which he is enlisted, computed in accordance with his years of

service computed under section 205 of this title, shall be used

instead of the monthly basic pay to which he was entitled at the

time of his release from active duty as an officer.

(d)(1) A member who voluntarily, or because of his misconduct,

does not complete the term of enlistment for which a bonus was paid

to him under this section or a member who is not technically

qualified in the skill for which a bonus was paid to him under this

section (other than a member who is not qualified because of

injury, illness, or other impairment not the result of his own

misconduct) shall refund that percentage of the bonus that the

unexpired part of his additional obligated service is of the total

reenlistment or extension period for which the bonus was paid.

(2) If a refund is not required under paragraph (1) in the case

of a member who fails to complete a term of enlistment, the

Secretary of Defense with respect to the armed forces under the

Secretary's jurisdiction, and the Secretary of Homeland Security

with respect to the Coast Guard when it is not operating as a

service in the Navy, may decline to make any payment of a bonus

installment under this section that is due to be paid to the member

after the date on which the member fails to complete the term of

enlistment for which the bonus is being paid. The Secretary of

Defense and the Secretary of Homeland Security may prescribe the

circumstances under which bonus installments may be terminated

under this paragraph.

(e) For the purposes of determining the eligibility of a member

for a bonus under this section and of computing the amount of that

bonus -

(1) any period of enlistment (including any extension of an

enlistment) (A) that is incurred by the member for the purpose of

continuing to qualify for continuous submarine duty incentive pay

under section 301c of this title, and (B) for which no bonus is

otherwise payable; or

(2) any unserved period of two years or less of an extension of

an enlistment for which no bonus has been paid or for which no

bonus is otherwise payable under this section,

may, under regulations prescribed by the Secretary concerned, be

considered as part of an immediately subsequent term of

reenlistment (or as part of an immediately subsequent voluntary

extension of an enlistment).

(f) This section shall be administered under regulations

prescribed by the Secretary of Defense for the armed forces under

his jurisdiction, and by the Secretary of Homeland Security with

respect to the Coast Guard when it is not operating as a service in

the Navy.

(g) No bonus shall be paid under this section with respect to any

reenlistment, or voluntary extension of an active-duty enlistment,

in the armed forces entered into after December 31, 2003.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 89-132, Sec.

3, Aug. 21, 1965, 79 Stat. 547; Pub. L. 90-623, Sec. 3(1), Oct. 22,

1968, 82 Stat. 1314; Pub. L. 93-277, Sec. 2(1), May 10, 1974, 88

Stat. 119; Pub. L. 95-57, Sec. 1, June 29, 1977, 91 Stat. 253; Pub.

L. 95-485, title VIII, Sec. 802(a)(1), (b), Oct. 20, 1978, 92 Stat.

1619; Pub. L. 96-342, title VIII, Sec. 804(a), Sept. 8, 1980, 94

Stat. 1092; Pub. L. 96-579, Sec. 3(f), Dec. 23, 1980, 94 Stat.

3364; Pub. L. 97-60, title I, Sec. 117(a), Oct. 14, 1981, 95 Stat.

996; Pub. L. 97-276, title I, Sec. 131, Oct. 2, 1982, 96 Stat.

1197; Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 798],

Dec. 21, 1982, 96 Stat. 1833, 1865; Pub. L. 98-14, Sec. 1, Mar. 30,

1983, 97 Stat. 55; Pub. L. 98-525, title VI, Sec. 621, Oct. 19,

1984, 98 Stat. 2540; Pub. L. 99-145, title VI, Sec. 631(a), Nov. 8,

1985, 99 Stat. 643; Pub. L. 100-180, div. A, title VI, Secs.

625(a), 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101-189, div.

A, title VI, Sec. 611(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L.

101-510, div. A, title VI, Sec. 615(a), Nov. 5, 1990, 104 Stat.

1578; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991,

105 Stat. 117; Pub. L. 102-484, div. A, title VI, Sec. 612(a), Oct.

23, 1992, 106 Stat. 2421; Pub. L. 103-160, div. A, title VI, Sec.

613(b), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103-337, div. A,

title VI, Sec. 613(b), Oct. 5, 1994, 108 Stat. 2783; Pub. L.

104-106, div. A, title VI, Sec. 613(b), Feb. 10, 1996, 110 Stat.

359; Pub. L. 104-201, div. A, title VI, Sec. 613(b), Sept. 23,

1996, 110 Stat. 2544; Pub. L. 105-85, div. A, title VI, Sec.

613(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105-261, div. A,

title VI, Secs. 613(b), 618, 619, Oct. 17, 1998, 112 Stat. 2039,

2042; Pub. L. 106-65, div. A, title VI, Secs. 613(b), 618(a), (b),

Oct. 5, 1999, 113 Stat. 650, 652; Pub. L. 106-398, Sec. 1 [[div.

A], title VI, Sec. 623(b)], Oct. 30, 2000, 114 Stat. 1654,

1654A-152; Pub. L. 107-107, div. A, title VI, Sec. 614(b), Dec. 28,

2001, 115 Stat. 1136; Pub. L. 107-296, title XVII, Sec. 1704(c),

Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title VI,

Sec. 614(b), Dec. 2, 2002, 116 Stat. 2568.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

308(a) 37:239(a). Oct. 12, 1949, ch. 681,

Sec. 208; added July 16,

1954, ch. 535, Sec. 2,

68 Stat. 488; July 25,

1961, Pub. L. 87-103,

Sec. 1 (as applicable to

Sec. 208), 75 Stat. 219.

308(b)

308(c)

308(d)

308(e)

308(f)

37:239(e).

37:239(b).

37:239(c).

37:239(d).

37:239(f).

37:239(g).

--------------------------------------------------------------------

In subsection (a), the words "reenlists . . . after . . .

compulsory or voluntary active duty or who voluntarily extends his

enlistment for at least two years" are substituted for the words

"reenlists . . . after . . . active duty" and section 239(e) of

existing title 37. The words "(other than for training)" are

inserted, since the source statute has been consistently

interpreted to exclude that kind of duty. The words "or release"

are inserted in column 1 of the table and in footnotes 2, 4, and 5

to conform to the introductory language preceding the tables.

In subsection (b), the words "a total of" are omitted as

surplusage.

AMENDMENTS

2002 - Subsecs. (a)(1)(B), (d)(2), (f). Pub. L. 107-296

substituted "of Homeland Security" for "of Transportation" wherever

appearing.

Subsec. (g). Pub. L. 107-314 substituted "December 31, 2003" for

"December 31, 2002".

2001 - Subsec. (g). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (g). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a)(1)(A). Pub. L. 106-65, Sec. 618(a),

substituted "17 months" for "twenty-one months".

Subsec. (a)(2)(A)(i). Pub. L. 106-65, Sec. 618(b)(1), substituted

"15" for "ten".

Subsec. (a)(2)(B). Pub. L. 106-65, Sec. 618(b)(2), substituted

"$60,000" for "$45,000".

Subsec. (g). Pub. L. 106-65, Sec. 613(b), substituted "December

31, 2000" for "December 31, 1999".

1998 - Subsec. (a)(1)(D). Pub. L. 105-261, Sec. 618, amended

subpar. (D) generally. Prior to amendment, subpar. (D) read as

follows: "reenlists or voluntarily extends his enlistment in a

regular component of the service concerned for a period of at least

three years;".

Subsec. (b). Pub. L. 105-261, Sec. 619, designated par. (1) as

entire subsec. and struck out par. (2) which read as follows: "Of

the bonuses paid under this section to members of a uniformed

service during a fiscal year, not more than 10 percent may exceed

$20,000."

Subsec. (g). Pub. L. 105-261, Sec. 613(b), substituted "December

31, 1999" for "September 30, 1999".

1997 - Subsec. (g). Pub. L. 105-85 substituted "September 30,

1999" for "September 30, 1998".

1996 - Subsec. (g). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (g). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (g). Pub. L. 103-160 substituted "September 30,

1995" for "September 30, 1993".

1992 - Subsec. (g). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1991 - Subsec. (c). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1990 - Subsec. (d). Pub. L. 101-510 designated existing

provisions as par. (1) and added par. (2).

1989 - Subsec. (a)(1). Pub. L. 101-189, Sec. 611(a)(1),

substituted "may be paid a bonus as provided in paragraph (2)" for

"may be paid a bonus, not to exceed six months of the basic pay to

which he was entitled at the time of his discharge or release,

multiplied by the number of years, or the monthly fractions

thereof, of additional obligated service, not to exceed six years,

or $30,000, whichever is the lesser amount. Obligated service in

excess of sixteen years will not be used for bonus computation".

Subsec. (a)(2), (3). Pub. L. 101-189, Sec. 611(a)(3), added pars.

(2) and (3). Former par. (2) redesignated (4).

Subsec. (a)(4). Pub. L. 101-189, Sec. 611(a)(2), redesignated

former par. (2) as (4) and struck out "of this subsection" after

"paragraph (1)(B)".

1987 - Subsec. (b)(1). Pub. L. 100-180, Sec. 625(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "Not

less than 75 percent of the amount of a bonus under this section

shall be paid in a lump sum at the beginning of the period for

which the bonus is paid, with any remaining amount paid in equal

annual installments."

Subsec. (g). Pub. L. 100-180, Sec. 626(a), substituted "September

30, 1992" for "September 30, 1987".

1985 - Subsec. (b)(1). Pub. L. 99-145 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "Bonus payments

authorized under this section may be paid in either a lump sum or

in installments."

1984 - Subsec. (a)(1). Pub. L. 98-525, Sec. 621(b)(1),

substituted "$30,000" for "$20,000" in provisions following subpar.

(D).

Subsec. (b). Pub. L. 98-525, Sec. 621(b)(2), designated existing

provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 98-525, Sec. 621(a), substituted "September

30, 1987" for "September 30, 1984".

1983 - Subsec. (g). Pub. L. 98-14 substituted "September 30,

1984" for "March 31, 1983".

1982 - Subsec. (g). Pub. L. 97-377 substituted "March 31, 1983"

for "December 17, 1982".

Pub. L. 97-276 substituted "December 17, 1982" for "September 30,

1982". Notwithstanding directory language that amendment be made to

section 308(g) of "title 35, United States Code", amendment was

executed to this section as the probable intent of Congress.

1981 - Subsec. (e). Pub. L. 97-60 inserted provision that any

unserved period of two years or less of an extension of an

enlistment for which no bonus has been paid or for which no bonus

is otherwise payable under this section may be considered as part

of an immediately subsequent term of reenlistment (or as part of an

immediately subsequent voluntary extension of an enlistment) and

substituted "Secretary concerned" for "Secretary of the Navy" as

authority authorized to prescribe regulations.

1980 - Subsec. (a)(1). Pub. L. 96-342, Sec. 804(a)(1),

substituted "fourteen years" for "ten years" in subpar. (A) and, in

provisions following subpar. (D), substituted "$20,000" for

"$15,000" and "sixteen years" for "twelve years".

Subsec. (e). Pub. L. 96-579 added subsec. (e). Former subsec. (e)

redesignated (f).

Subsec. (f). Pub. L. 96-579 redesignated former subsec. (e) as

(f). Former subsec. (f) redesignated (g).

Pub. L. 96-342, Sec. 804(a)(2), substituted "September 30, 1982"

for "September 30, 1980".

Subsec. (g). Pub. L. 96-579 redesignated former subsec. (f) as

(g).

1978 - Subsec. (a). Pub. L. 95-485, Sec. 802(a)(1), designated

existing provision as par. (1) and existing pars. (1) to (4)

thereof as subpars. (A) to (D), in subpar. (B) as so redesignated,

substituted "qualified in a military skill designated as critical"

for "designated as having a critical military skill", and added

par. (2).

Subsec. (f). Pub. L. 95-485, Sec. 802(b), substituted "September

30, 1980" for "September 30, 1978".

1977 - Subsec. (d). Pub. L. 95-57, Sec. 1(a), substituted "or a

member who is not technically qualified in the skill for which a

bonus was paid to him under this section (other than a member who

is not qualified because of injury, illness, or other impairment

not the result of his own misconduct) shall refund that percentage

of the bonus, that the unexpired part of his additional obligated

service is of the total reenlistment or extension period for which

the bonus was paid" for "shall refund that percentage of the bonus

that the unexpired part of his enlistment is of the total

enlistment period for which the bonus was paid".

Subsec. (f). Pub. L. 95-57, Sec. 1(b), substituted "September 30,

1978" for "June 30, 1977".

1974 - Pub. L. 93-277 amended section generally.

1968 - Subsecs. (e), (g). Pub. L. 90-623 substituted "Secretary

of Transportation" for "Secretary of the Treasury".

1965 - Subsec. (g). Pub. L. 89-132 added subsec. (g).

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 618(c), Oct. 5, 1999, 113

Stat. 652, provided that: "The amendments made by subsections (a)

and (b) [amending this section] shall take effect on October 1,

1999, and shall apply with respect to reenlistments and extensions

of enlistments taking effect on or after that date."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 613(h)(1) of Pub. L. 103-160 provided that: "The

amendments made by subsections (b) and (c) [amending this section

and section 308a of this title] shall take effect as of September

30, 1993, and shall apply with respect to an enlistment,

reenlistment, or extension of an enlistment described in section

308 or 308a of title 37, United States Code, occurring on or after

that date."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 615(b) of Pub. L. 101-510 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to any bonus paid under section 308 of title 37, United

States Code, to a person in connection with the reenlistment or

extension of the term of enlistment of the person in the Armed

Forces on or after the date of the enactment of this Act [Nov. 5,

1990]."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 611(b) of Pub. L. 101-189 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to reenlistment and extension of enlistment agreements

entered into under section 308(a) of title 37, United States Code,

after September 30, 1989."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 625(b) of Pub. L. 100-180 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to bonuses paid for reenlistment or extension of enlistment

agreements entered into after September 30, 1987."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 631(b) of Pub. L. 99-145 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to bonuses paid for reenlistments or extensions of

enlistment effective after September 30, 1986."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 117(d) of Pub. L. 97-60 provided that: "The amendments

made by this section [enacting section 308f of this title and

amending this section and section 308a of this title] shall apply

to enlistments and reenlistments after the date of enactment of

this Act [Oct. 14, 1981]."

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 804(c) of Pub. L. 96-342 provided that: "The amendments

made by this section [amending this section and section 308a of

this title] shall only apply to enlistments, reenlistments, and

extensions of enlistments made after September 30, 1980."

Amendment by Pub. L. 96-579 effective Jan. 1, 1981, see section

3(g) of Pub. L. 96-579, set out as an Effective Date note under

section 301c of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 802(a)(2) of Pub. L. 95-485 provided that: "The

amendments made by paragraph (12) [amending this section] shall

take effect on October 1, 1978."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 3 of Pub. L. 95-57 provided that: "The amendments made by

this Act [amending this section and section 308a of this title]

shall become effective on July 1, 1977."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 4 of Pub. L. 93-277 provided that: "The amendments made

by this Act [amending this section and section 308a of this title

and enacting provisions set out below] become effective on the

first day of the month following the date of enactment [May 10,

1974]."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-132 effective Sept. 1, 1965, see section

10 of Pub. L. 89-132, set out as a note under section 203 of this

title.

COVERAGE OF PERIOD OF LAPSED AUTHORITY

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or

other special pay under this section, see section 612(j)(2) of Pub.

L. 102-484, set out as a note under section 301b of this title.

Section 626(c) of Pub. L. 100-180 provided that:

"(1) The Secretary concerned, in the case of any person who

during the period beginning on October 1, 1987, and ending on the

date of the enactment of this Act [Dec. 4, 1987] would have

qualified for an agreement with the Secretary described in

paragraph (2) but for the fact that the authority for the payment

of bonuses provided by that section had lapsed, shall pay to that

person a bonus under the terms of the appropriate section specified

in that paragraph (and related regulations) as in effect on

September 30, 1987.

"(2) An agreement referred to in paragraph (1) is an agreement

with the Secretary for the payment of a bonus under section 308,

308a, 308b, 308c, 308e, 308f, 308g, 308h, or 308i of title 37,

United States Code."

COST REDUCTIONS FOR FISCAL YEAR 1987; SELECTIVE REIMBURSEMENT BONUS

Pub. L. 99-661, div. A, title VI, Sec. 663(a), Nov. 14, 1986, 100

Stat. 3894, provided that: "During fiscal year 1987, the Secretary

concerned may not pay more than 50 percent of an amount paid to any

person under section 308 of title 37, United States Code, in a lump

sum.".

OPTIONAL CHOICE OF REENLISTMENT BONUS

Section 3 of Pub. L. 93-277 provided that: "Notwithstanding

section 308 of title 37, United States Code, as amended by this

Act, a member of a uniformed service on active duty on the

effective date of this Act, who would have been eligible, at the

end of his current or subsequent enlistment, for the reenlistment

bonus prescribed in section 308(a) or (d) of that title, as it

existed on the day before the effective date of this Act, shall

continue to be eligible for the reenlistment bonus under that

section as it existed on the day before the effective date of this

act. If a member is also eligible for the reenlistment bonus

prescribed in that section as amended by this Act, he may elect to

receive either one of those reenlistment bonuses. However, a

member's eligibility under section 308(a) or (d) of that title, as

it existed on the day before the effective date of this Act,

terminates when he has received a total of $2,000 in reenlistment

bonus payments, received under either section 308(a) or (d) of that

title as it existed on the day before the effective date of this

Act, or under section 308 of that title, as amended by this Act, or

from a combination of both."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 312a of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

37 USC Sec. 308a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

[Sec. 308a. Repealed. Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153]

-MISC1-

Section, added Pub. L. 92-129, title II, Sec. 203(a), Sept. 28,

1971, 85 Stat. 358; amended Pub. L. 93-64, title II, Sec. 204, July

9, 1973, 87 Stat. 149; Pub. L. 93-277, Sec. 2(2), May 10, 1974, 88

Stat. 120; Pub. L. 95-57, Sec. 2, June 29, 1977, 91 Stat. 253; Pub.

L. 95-485, title VIII, Sec. 802(b), Oct. 20, 1978, 92 Stat. 1619;

Pub. L. 96-342, title VIII, Sec. 804(b), Sept. 8, 1980, 94 Stat.

1092; Pub. L. 97-60, title I, Sec. 117(b), Oct. 14, 1981, 95 Stat.

996; Pub. L. 97-276, title I, Sec. 131, Oct. 2, 1982, 96 Stat.

1197; Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 798],

Dec. 21, 1982, 96 Stat. 1833, 1865; Pub. L. 98-14, Sec. 1, Mar. 30,

1983, 97 Stat. 55; Pub. L. 98-525, title VI, Sec. 621(a), Oct. 19,

1984, 98 Stat. 2540; Pub. L. 100-180, div. A, title VI, Sec.

626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101-189, div. A,

title VI, Sec. 612(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L.

102-484, div. A, title VI, Sec. 612(b), Oct. 23, 1992, 106 Stat.

2421; Pub. L. 103-160, div. A, title VI, Sec. 613(c), Nov. 30,

1993, 107 Stat. 1681; Pub. L. 103-337, div. A, title VI, Sec.

613(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106, div. A,

title VI, Sec. 613(c), Feb. 10, 1996, 110 Stat. 359; Pub. L.

104-201, div. A, title VI, Sec. 613(c), Sept. 23, 1996, 110 Stat.

2544; Pub. L. 105-85, div. A, title VI, Sec. 613(c), Nov. 18, 1997,

111 Stat. 1786; Pub. L. 105-261, div. A, title VI, Sec. 613(c),

Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65, div. A, title VI,

Secs. 613(c), 619(a)-(c), Oct. 5, 1999, 113 Stat. 650, 652, 653,

related to enlistment bonuses.

EFFECTIVE DATE OF REPEAL

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 624(c)(2)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-153, provided that: "The

amendments made by subsection (b) [repealing this section and

section 308f of this title] shall take effect on October 1, 2000.

The repeal of sections 308a and 308f of title 37, United States

Code, by such subsection shall not affect the validity or terms of

any bonus provided under such sections for enlistments in the Armed

Forces made before that date."

-End-

-CITE-

37 USC Sec. 308b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308b. Special pay: reenlistment bonus for members of the

Selected Reserve

-STATUTE-

(a) Authority and Eligibility Requirements. - An enlisted member

of a reserve component who -

(1) has completed less than 14 years of total military service;

and

(2) reenlists or voluntarily extends his enlistment for a

period of three years or for a period of six years in a

designated military skill, or in a designated unit, as determined

by the Secretary concerned, in the Selected Reserve of the Ready

Reserve of an armed force;

may be paid a bonus as provided in subsection (b).

(b) Bonus Amounts; Payment. - (1) The amount of a bonus under

this section may not exceed -

(A) $5,000, in the case of a member who reenlists or extends an

enlistment for a period of six years;

(B) $2,500, in the case of a member who, having never received

a bonus under this section, reenlists or extends an enlistment

for a period of three years; and

(C) $2,000, in the case of a member who, having received a

bonus under this section for a previous three-year reenlistment

or extension of an enlistment, reenlists or extends the

enlistment for an additional period of three years.

(2) Any bonus payable under this section shall be disbursed in

one initial payment of an amount not to exceed one-half of the

total amount of the bonus and subsequent periodic partial payments

of the balance of the bonus. The Secretary concerned shall

prescribe the amount of each partial payment and the schedule for

making the partial payments.

(c) Condition on Eligibility; Limitation on Number of Bonuses. -

(1) To be eligible for a second bonus under this section in the

amount specified in subsection (b)(1)(C), a member must -

(A) enter into the subsequent reenlistment or extension of an

enlistment for a period of three years not later than the date on

which the enlistment or extension for which the first bonus was

paid would expire; and

(B) still satisfy the designated skill or unit requirements

required under subsection (a)(2).

(2) A member may not be paid more than one six-year bonus or two

three-year bonuses under this section.

(d) Repayment of Bonus. - A member who receives a bonus under

this section and who fails, during the period for which the bonus

was paid, to serve satisfactorily in the element of the Selected

Reserve of the Ready Reserve with respect to which the bonus was

paid shall refund to the United States an amount that bears the

same ratio to the amount of the bonus paid to the member as the

period that the member failed to serve satisfactorily bears to the

total period for which the bonus was paid.

(e) Regulations. - This section shall be administered under

regulations prescribed by the Secretary of Defense for the armed

forces under his jurisdiction and by the Secretary of Homeland

Security for the Coast Guard when it is not operating as a service

in the Navy.

(f) Termination of Authority. - No bonus may be paid under this

section to any enlisted member who, after December 31, 2003,

reenlists or voluntarily extends his enlistment in a reserve

component.

-SOURCE-

(Added Pub. L. 95-79, title IV, Sec. 403(a)(1), July 30, 1977, 91

Stat. 330; amended Pub. L. 95-485, title IV, Sec. 403, Oct. 20,

1978, 92 Stat. 1614; Pub. L. 96-342, title VIII, Sec. 805(b), Sept.

8, 1980, 94 Stat. 1095; Pub. L. 97-295, Sec. 3(2), Oct. 12, 1982,

96 Stat. 1303; Pub. L. 99-145, title VI, Sec. 643(a), Nov. 8, 1985,

99 Stat. 652; Pub. L. 100-180, div. A, title VI, Sec. 626(b), Dec.

4, 1987, 101 Stat. 1104; Pub. L. 101-189, div. A, title VI, Secs.

613, 652(b)(1), Nov. 29, 1989, 103 Stat. 1446, 1461; Pub. L.

101-510, div. A, title XIII, Sec. 1322(c)(4), Nov. 5, 1990, 104

Stat. 1672; Pub. L. 102-484, div. A, title VI, Sec. 612(d), Oct.

23, 1992, 106 Stat. 2421; Pub. L. 103-160, div. A, title VI, Sec.

612(a), Nov. 30, 1993, 107 Stat. 1680; Pub. L. 103-337, div. A,

title VI, Sec. 611(a), Oct. 5, 1994, 108 Stat. 2782; Pub. L.

104-106, div. A, title VI, Sec. 611(a), Feb. 10, 1996, 110 Stat.

359; Pub. L. 104-201, div. A, title VI, Sec. 611(b), Sept. 23,

1996, 110 Stat. 2543; Pub. L. 105-85, div. A, title VI, Secs.

611(b), 621, Nov. 18, 1997, 111 Stat. 1785, 1790; Pub. L. 105-261,

div. A, title VI, Sec. 611(b), Oct. 17, 1998, 112 Stat. 2038; Pub.

L. 106-65, div. A, title VI, Sec. 611(b), Oct. 5, 1999, 113 Stat.

649; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 621(b)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-151; Pub. L. 107-107, div. A,

title VI, Sec. 611(b), Dec. 28, 2001, 115 Stat. 1135; Pub. L.

107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314;

Pub. L. 107-314, div. A, title VI, Sec. 611(a), Dec. 2, 2002, 116

Stat. 2567.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (f). Pub. L. 107-314 substituted "December 31, 2003" for

"December 31, 2002".

2001 - Subsec. (f). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (f). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (f). Pub. L. 106-65 substituted "December 31,

2000" for "December 31, 1999".

1998 - Subsec. (f). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (a). Pub. L. 105-85, Sec. 621(e)(1), inserted

heading.

Subsec. (a)(1). Pub. L. 105-85, Sec. 621(a), substituted "14

years" for "ten years".

Subsec. (b). Pub. L. 105-85, Sec. 621(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

bonus to be paid under subsection (a) shall be -

"(1) an initial payment of -

"(A) an amount not to exceed $1,250, in the case of a member

who reenlists or voluntarily extends his enlistment for a

period of three years; or

"(B) an amount not to exceed $2,500, in the case of a member

who reenlists or voluntarily extends his enlistment for a

period of six years; and

"(2) a subsequent payment of not to exceed $416.66 upon the

completion of each year of the period of such reenlistment or

extension of enlistment during which such member has

satisfactorily participated in training with his unit."

Subsec. (c). Pub. L. 105-85, Sec. 621(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "No

member shall be paid more than one bonus under this section."

Subsec. (d). Pub. L. 105-85, Sec. 621(d), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "A

member who fails to participate satisfactorily in training with his

unit during a term of enlistment for which a bonus is being paid to

him under this section shall refund an amount equal to the amount

by which the amount of such bonus exceeds the product of -

"(1) the number of months during that term of enlistment during

which such member participated satisfactorily in training with

his unit; and

"(2) $69.44."

Subsec. (e). Pub. L. 105-85, Sec. 621(e)(2), inserted heading.

Subsec. (f). Pub. L. 105-85, Sec. 621(e)(3), inserted heading.

Pub. L. 105-85, Sec. 611(b), substituted "September 30, 1999" for

"September 30, 1998".

1996 - Subsec. (f). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (f). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (f). Pub. L. 103-160 substituted "September 30,

1995" for "September 30, 1993".

1992 - Subsec. (f). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1990 - Subsecs. (e) to (g). Pub. L. 101-510 redesignated subsecs.

(f) and (g) as (e) and (f), respectively, and struck out former

subsec. (e) which read as follows: "The Secretary of defense shall

submit a report to the Congress every three months listing the

units of the Selected Reserve of the Ready Reserve which have been

designated by him for purposes of subsection (a)(3) and stating the

number of members of the Selected Reserve of the Ready Reserve who

at the time of such report are serving a term of enlistment for

which a bonus is being paid under this section."

1989 - Subsec. (e). Pub. L. 101-189, Sec. 652(b)(1), struck out

at end "The first such report shall be submitted not later than

December 31, 1977."

Subsec. (g). Pub. L. 101-189, Sec. 613, substituted "September

30, 1992" for "September 30, 1990".

1987 - Subsec. (g). Pub. L. 100-180 substituted "September 30,

1990" for "September 30, 1987".

1985 - Subsec. (b)(1). Pub. L. 99-145, Sec. 643(a)(1)(A),

substituted "$1,250" for "$450" in subpar. (A) and "$2,500" for

"$900" in subpar. (B).

Subsec. (b)(2). Pub. L. 99-145, Sec. 643(a)(1)(B), substituted

"$416.66" for "$150".

Subsec. (d)(2). Pub. L. 99-145, Sec. 643(a)(2), substituted

"$69.44" for "$25".

Subsec. (g). Pub. L. 99-145, Sec. 643(a)(3), substituted

"September 30, 1987" for "September 30, 1985".

1982 - Subsec. (a)(1). Pub. L. 97-295 substituted "service" for

"services".

1980 - Subsec. (g). Pub. L. 96-342 substituted "September 30,

1985" for "September 30, 1980".

1978 - Subsec. (a). Pub. L. 95-485, Sec. 403(a), substituted

provision requiring that for an enlisted member of a reserve

component to be eligible for the bonus provided in subsec. (b) he

has completed less than 10 years of total military services for

provision requiring that the enlisted member had initially enlisted

in a reserve component, other than a reserve component under the

delayed enlistment program for the active forces, and that he had

completed less than 10 years of service as a member of a reserve

component.

Subsec. (b). Pub. L. 95-485, Sec. 403(b), inserted "an amount not

to exceed" before "$450", "$900", and "$150", respectively.

Subsec. (g). Pub. L. 95-485, Sec. 403(c), substituted "September

30, 1980" for "September 30, 1978".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 612(f) of Pub. L. 103-160 provided that: "The amendments

made by subsections (a), (b), (d), and (e) [amending this section

and sections 308c, 308h, and 308i of this title] shall take effect

as of September 30, 1993, and shall apply with respect to an

enlistment, reenlistment, or extension of an enlistment described

in section 308b, 308c, 308h, or 308i of title 37, United States

Code, occurring on or after that date."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 643(b) of Pub. L. 99-145 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1985."

EFFECTIVE DATE

Section 403(b) of Pub. L. 95-79 provided that: "The amendments

made by subsection (a) [enacting this section] shall apply with

respect to any reenlistment, or voluntary extension of an

enlistment, in the Selected Reserve of any reserve component of the

Armed Forces after September 30, 1977."

COVERAGE OF PERIOD OF LAPSED AUTHORITY

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or

other special pay under this section, see section 612(j)(2) of Pub.

L. 102-484, set out as a note under section 301b of this title.

-End-

-CITE-

37 USC Sec. 308c 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308c. Special pay: bonus for enlistment in the Selected

Reserve

-STATUTE-

(a) Any person who enlists in the Selected Reserve of the Ready

Reserve of an armed force, is a graduate of a secondary school, and

has never previously served in an armed force may be paid a bonus

as provided in subsection (b).

(b) The amount and method of payment of a bonus to be paid under

subsection (a) shall be determined in accordance with regulations

prescribed under subsection (c), except that the amount of such

bonus may not exceed $8,000 and -

(1) an amount not to exceed one-half of the bonus may be paid

upon completion of the initial active duty for training of such

person; and

(2) the remainder of the bonus may be paid in periodic

installments or in a lump sum, as determined by the Secretary

concerned.

(c) This section shall be administered under regulations

prescribed by the Secretary of Defense for the armed forces under

his jurisdiction and by the Secretary of Homeland Security for the

Coast Guard when it is not operating as a service in the Navy.

(d) A member who fails to participate satisfactorily in training

with his unit during a term of enlistment for which a bonus has

been paid to him under this section shall refund an amount which

bears the same ratio to the amount of the bonus which has been paid

to him as the unexpired part of such term of enlistment bears to

the total length of such term of enlistment.

(e) No bonus may be paid under this section to any enlisted

member who, after December 31, 2003, enlists in the Selected

Reserve of the Ready Reserve of an armed force.

(f) The total amount of expenditures under this section may not

exceed $37,024,000 during fiscal year 1994.

-SOURCE-

(Added Pub. L. 95-485, title IV, Sec. 404(a), Oct. 20, 1978, 92

Stat. 1614; amended Pub. L. 96-342, title VIII, Sec. 805(b), Sept.

8, 1980, 94 Stat. 1095; Pub. L. 97-22, Sec. 11(b)(1), July 10,

1981, 95 Stat. 138; Pub. L. 99-145, title VI, Sec. 642, Nov. 8,

1985, 99 Stat. 652; Pub. L. 100-180, div. A, title VI, Sec. 626(b),

Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101-189, div. A, title VI,

Secs. 613, 652(b), Nov. 29, 1989, 103 Stat. 1446, 1461; Pub. L.

101-510, div. A, title XIII, Sec. 1322(c)(5), Nov. 5, 1990, 104

Stat. 1672; Pub. L. 102-484, div. A, title VI, Sec. 612(d), Oct.

23, 1992, 106 Stat. 2421; Pub. L. 103-160, div. A, title VI, Sec.

612(b), Nov. 30, 1993, 107 Stat. 1680; Pub. L. 103-337, div. A,

title VI, Sec. 611(b), Oct. 5, 1994, 108 Stat. 2782; Pub. L.

104-106, div. A, title VI, Sec. 611(b), Feb. 10, 1996, 110 Stat.

359; Pub. L. 104-201, div. A, title VI, Sec. 611(c), Sept. 23,

1996, 110 Stat. 2543; Pub. L. 105-85, div. A, title VI, Sec.

611(c), Nov. 18, 1997, 111 Stat. 1785; Pub. L. 105-261, div. A,

title VI, Sec. 611(c), Oct. 17, 1998, 112 Stat. 2038; Pub. L.

106-65, div. A, title VI, Secs. 611(c), 620(a), (b), Oct. 5, 1999,

113 Stat. 649, 653; Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 621(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151; Pub. L.

107-107, div. A, title VI, Sec. 611(c), Dec. 28, 2001, 115 Stat.

1135; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116

Stat. 2314; Pub. L. 107-314, div. A, title VI, Sec. 611(b), Dec. 2,

2002, 116 Stat. 2567.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (e). Pub. L. 107-314 substituted "December 31, 2003" for

"December 31, 2002".

2001 - Subsec. (e). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (e). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a). Pub. L. 106-65, Sec. 620(a), struck out "for

a term of enlistment of not less than six years" after "Ready

Reserve of an armed force".

Subsec. (b). Pub. L. 106-65, Sec. 620(b), substituted "$8,000"

for "$5,000" in introductory provisions.

Subsec. (e). Pub. L. 106-65, Sec. 611(c), substituted "December

31, 2000" for "December 31, 1999".

1998 - Subsec. (e). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (e). Pub. L. 105-85 substituted "September 30,

1999" for "September 30, 1998".

1996 - Subsec. (e). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (e). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (b). Pub. L. 103-160, Sec. 612(b)(1), substituted

"$5,000" for "$2,000" in introductory provisions and "an amount not

to exceed one-half of the bonus may be paid" for "one-half of the

bonus shall be paid" in par. (1).

Subsec. (e). Pub. L. 103-160, Sec. 612(b)(2), substituted

"September 30, 1995" for "September 30, 1993".

Subsec. (f). Pub. L. 103-160, Sec. 612(b)(3), added subsec. (f).

1992 - Subsec. (e). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1990 - Subsecs. (e), (f). Pub. L. 101-510 redesignated subsec.

(f) as (e) and struck out former subsec. (e) which read as follows:

"The Secretary of Defense shall submit a report to the Congress

every three months stating the number of members of the Selected

Reserve of the Ready Reserve who at the time of such report are

serving a term of enlistment for which a bonus has been paid under

this section and listing each unit of the Selected Reserve of the

Ready Reserve to which any such member is assigned at the time of

such report."

1989 - Subsec. (a). Pub. L. 101-189, Sec. 652(b)(2), struck out

", after September 30, 1978," after "Any person who".

Subsec. (e). Pub. L. 101-189, Sec. 652(b)(1), struck out at end

"The first such report shall be made not later than December 31,

1978."

Subsec. (f). Pub. L. 101-189, Sec. 613, substituted "September

30, 1992" for "September 30, 1990".

1987 - Subsec. (f). Pub. L. 100-180 substituted "September 30,

1990" for "September 30, 1987".

1985 - Subsec. (f). Pub. L. 99-145 substituted "September 30,

1987" for "September 30, 1985".

1981 - Subsec. (e). Pub. L. 97-22 substituted "Secretary of

Defense" for "Secretary of defense".

1980 - Subsec. (f). Pub. L. 96-342 substituted "September 30,

1985" for "September 30, 1980".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 620(c), Oct. 5, 1999, 113

Stat. 653, provided that: "The amendments made by subsections (a)

and (b) [amending this section] shall take effect on October 1,

1999, and shall apply with respect to enlistments entered into on

or after that date."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-160 effective as of Sept. 30, 1993, and

applicable with respect to an enlistment, reenlistment, or

extension of an enlistment described in this section or section

308b, 308h, or 308i of this title occurring on or after that date,

see section 612(f) of Pub. L. 103-160, set out as a note under

section 308b of this title.

COVERAGE OF PERIOD OF LAPSED AUTHORITY

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or

other special pay under this section, see section 612(j)(2) of Pub.

L. 102-484, set out as a note under section 301b of this title.

-End-

-CITE-

37 USC Sec. 308d 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308d. Special pay: enlisted members of the Selected Reserve

assigned to certain high priority units

-STATUTE-

(a) Under regulations prescribed by 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, an enlisted

member who is assigned to a high priority unit of the Selected

Reserve of the Ready Reserve of an armed force, as designated under

subsection (b), and who performs inactive duty for training for

compensation under section 206 of this title with such unit may be

paid compensation, in addition to the compensation to which the

member is otherwise entitled, in an amount not to exceed $10 for

each regular period of instruction, or period of appropriate duty,

at which the member is engaged for at least four hours, including

any such instruction or duty performed on a Sunday or holiday.

(b) The Secretary concerned may designate a unit, for the

purposes of subsection (a) and under such terms and conditions as

the Secretary considers appropriate, as a high priority unit if

that unit has experienced, or reasonably might be expected to

experience, critical personnel shortages. The Secretary may vacate

a designation made under this subsection at any time he considers

the designation no longer necessary.

(c) Additional compensation may not be paid under this section

for inactive duty performed after December 31, 2003.

-SOURCE-

(Added Pub. L. 101-189, div. A, title V, Sec. 505(a)(1), Nov. 29,

1989, 103 Stat. 1437; amended Pub. L. 102-190, div. A, title VI,

Sec. 612(b)(1), Dec. 5, 1991, 105 Stat. 1376; Pub. L. 102-484, div.

A, title VI, Sec. 612(e), Oct. 23, 1992, 106 Stat. 2421; Pub. L.

103-160, div. A, title VI, Sec. 613(d), Nov. 30, 1993, 107 Stat.

1681; Pub. L. 103-337, div. A, title VI, Sec. 613(d), Oct. 5, 1994,

108 Stat. 2783; Pub. L. 104-106, div. A, title VI, Sec. 613(d),

Feb. 10, 1996, 110 Stat. 359; Pub. L. 104-201, div. A, title VI,

Sec. 611(d), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105-85, div.

A, title VI, Sec. 611(d), Nov. 18, 1997, 111 Stat. 1785; Pub. L.

105-261, div. A, title VI, Sec. 611(d), Oct. 17, 1998, 112 Stat.

2038; Pub. L. 106-65, div. A, title VI, Secs. 611(d), 621, Oct. 5,

1999, 113 Stat. 650, 653; Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 621(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151; Pub. L.

107-107, div. A, title VI, Sec. 611(d), Dec. 28, 2001, 115 Stat.

1135; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116

Stat. 2314; Pub. L. 107-314, div. A, title VI, Sec. 611(c), Dec. 2,

2002, 116 Stat. 2567.)

-MISC1-

PRIOR PROVISIONS

A prior section 308d, added Pub. L. 96-342, title VIII, Sec.

805(a)(1), Sept. 8, 1980, 94 Stat. 1092, related to special pay and

to a bonus for enlistment, reenlistment, or extension of enlistment

in elements of the Ready Reserve other than the Selected Reserve,

prior to repeal by Pub. L. 98-94, title X, Sec. 1011(b)(1), Sept.

24, 1983, 97 Stat. 664, effective Oct. 1, 1983. See sections 308g

and 308h of this title.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (c). Pub. L. 107-314 substituted "December 31, 2003" for

"December 31, 2002".

2001 - Subsec. (c). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (c). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a). Pub. L. 106-65, Sec. 621, inserted "or the

Secretary of Transportation with respect to the Coast Guard when it

is not operating as a service in the Navy," after "Secretary of

Defense,".

Subsec. (c). Pub. L. 106-65, Sec. 611(d), substituted "December

31, 2000" for "December 31, 1999".

1998 - Subsec. (c). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (c). Pub. L. 105-85 substituted "September 30,

1999" for "September 30, 1998".

1996 - Subsec. (c). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (c). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (c). Pub. L. 103-160 substituted "September 30,

1995" for "September 30, 1993".

1992 - Subsec. (c). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1991 - Subsec. (c). Pub. L. 102-190 substituted "1992" for

"1991".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 613(h)(2) of Pub. L. 103-160 provided that: "The

amendment made by subsection (d) [amending this section] shall take

effect as of September 30, 1993, and shall apply with respect to

inactive duty for training performed after that date for which

special pay is authorized under section 308d of title 37, United

States Code."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 612(j)(1) of Pub. L. 102-484 provided that: "The

amendment made by subsection (e) [amending this section] shall take

effect as of September 30, 1992, and shall apply with respect to

inactive duty for training performed after that date for which

special pay is authorized under section 308d of title 37, United

States Code."

EFFECTIVE DATE OF 1991 AMENDMENT

Section 612(b)(2) of Pub. L. 102-190 provided that: "The

amendment made by paragraph (1) [amending this section] shall take

effect as of September 30, 1991, and shall apply with respect to

inactive duty for training performed after that date for which

special pay is authorized under section 308d of such title."

REPORT TO CONGRESS

Section 505(b) of Pub. L. 101-189 directed Secretary of Defense,

not later than May 1, 1991, to submit to Congress a report on the

administration of the special pay program provided for in 37 U.S.C.

308d.

-End-

-CITE-

37 USC Sec. 308e 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308e. Special pay: bonus for reserve affiliation agreement

-STATUTE-

(a) The Secretary concerned may pay a bonus for reserve

affiliation to any person -

(1) who -

(A) is serving on active duty, has 180 days or less remaining

of his active duty obligation, and upon discharge or release

from active duty upon the completion of such active duty

obligation will have a reserve service obligation under section

651 of title 10 or under section 6(d)(1) of the Military

Selective Service Act (50 U.S.C. App. 456(d)(1)); or

(B) has served on active duty for any period of time, was

discharged or released from such active duty under honorable

conditions, and is serving a period of reserve service

obligation under section 651 of title 10 or section 6(d)(1) of

the Military Selective Service Act (50 U.S.C. App. 456(d)(1));

and

(2) who meets the requirements of subsection (b).

(b) To be eligible to receive a bonus for reserve affiliation

under this section, a person must -

(1) be eligible for reenlistment or for an extension of his

active duty service;

(2) have completed satisfactorily any term of enlistment or

period of obligated active duty service;

(3) hold and be qualified in a military specialty designated

for purposes of this section in the regulations prescribed under

subsection (f);

(4) have a grade for which there is a vacancy in the reserve

component in which the person is to become a member;

(5) not be affiliating in a reserve component to become a

Reserve, Army National Guard, or Air National Guard technician;

(6) enter into a written agreement with the Secretary concerned

to serve as a member of the Selected Reserve of the Ready Reserve

of an armed force for the period of obligated reserve service

such person has remaining or, if such person is on active duty,

will have remaining at the time of his discharge or release from

active duty; and

(7) meet all the other requirements for becoming a member of

the Selected Reserve of the Ready Reserve of an armed force.

(c)(1) The amount of the bonus paid to any person under this

section shall be an amount determined by multiplying up to $50 as

determined by the Secretary concerned times the number of months of

reserve obligation such person has remaining or, if such person is

on active duty, will have remaining at the time of his discharge or

release from active duty.

(2) In the case of a person who has, or at the time of discharge

or release from active duty will have, eighteen months or less

reserve service obligation remaining, the Secretary concerned may

pay the total amount of the bonus at the time such person signs a

reserve affiliation agreement under this section. In the case of a

person who has, or at the time of discharge or release from active

duty will have, more than eighteen months of such service

remaining, the Secretary concerned may pay one-half of the bonus at

the time such person signs a reserve affiliation agreement under

this section and the remaining one-half on the date of the sixth

anniversary of such person's original enlistment or call to active

duty.

(3) In lieu of the procedures set out in paragraph (2), the

Secretary concerned may pay the bonus in monthly installments in

such amounts as may be determined by the Secretary. Monthly

payments under this paragraph shall begin after the first month of

satisfactory service of the person and are payable only for those

months in which the person serves satisfactorily. Satisfactory

service shall be determined under the regulations prescribed under

subsection (f).

(d)(1) A person who signs a reserve affiliation agreement under

this section and who fails during the period covered by such

agreement to serve satisfactorily in the Selected Reserve in which

such person agrees to serve shall refund to the United States an

amount which bears the same ratio to the amount of the bonus paid

to such person as the period which such person failed to

satisfactorily serve bears to the total period for which the bonus

was paid.

(2) An obligation to reimburse the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than 5 years after the termination of an agreement under this

section does not discharge the person signing such agreement from a

debt arising under such agreement or under paragraph (1). This

paragraph applies to any case commenced under title 11 after

September 30, 1980.

(e) No bonus may be paid under this section to any person for a

reserve obligation agreement entered into after December 31, 2003.

(f) This section shall be administered under regulations

prescribed by the Secretary of Defense for the armed forces under

the jurisdiction of the Secretary of Defense and by the Secretary

of Homeland Security for the Coast Guard when the Coast Guard is

not operating as a service in the Navy.

(g) The authority in subsection (a) does not apply to the

Secretary of Commerce and the Secretary of Health and Human

Services.

-SOURCE-

(Added Pub. L. 96-342, title VIII, Sec. 805(a)(1), Sept. 8, 1980,

94 Stat. 1093; amended Pub. L. 97-86, title V, Sec. 505, Dec. 1,

1981, 95 Stat. 1109; Pub. L. 99-145, title VI, Sec. 645(a), Nov. 8,

1985, 99 Stat. 654; Pub. L. 100-180, div. A, title VI, Sec. 626(b),

Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101-189, div. A, title VI,

Sec. 613, Nov. 29, 1989, 103 Stat. 1446; Pub. L. 102-25, title VII,

Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.

102-484, div. A, title VI, Sec. 612(d), Oct. 23, 1992, 106 Stat.

2421; Pub. L. 103-160, div. A, title VI, Sec. 612(c), Nov. 30,

1993, 107 Stat. 1680; Pub. L. 103-337, div. A, title VI, Sec.

611(c), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 104-106, div. A,

title VI, Sec. 611(c), Feb. 10, 1996, 110 Stat. 359; Pub. L.

104-201, div. A, title VI, Sec. 611(e), Sept. 23, 1996, 110 Stat.

2543; Pub. L. 105-85, div. A, title VI, Secs. 611(e), 623, Nov. 18,

1997, 111 Stat. 1785, 1793; Pub. L. 105-261, div. A, title VI, Sec.

611(e), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106-65, div. A,

title VI, Sec. 611(e), Oct. 5, 1999, 113 Stat. 650; Pub. L.

106-398, Sec. 1 [[div. A], title VI, Sec. 621(e)], Oct. 30, 2000,

114 Stat. 1654, 1654A-151; Pub. L. 107-107, div. A, title VI, Sec.

611(e), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107-296, title XVII,

Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314, div.

A, title VI, Sec. 611(d), Dec. 2, 2002, 116 Stat. 2567.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-314 substituted "December 31,

2003" for "December 31, 2002".

Subsec. (f). Pub. L. 107-296 substituted "of Homeland Security"

for "of Transportation".

2001 - Subsec. (e). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (e). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (e). Pub. L. 106-65 substituted "December 31,

2000" for "December 31, 1999".

1998 - Subsec. (e). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (a). Pub. L. 105-85, Sec. 623(1), substituted "The

Secretary concerned" for "Under regulations prescribed by the

Secretary of Defense, the Secretary of a military department".

Subsec. (b)(3). Pub. L. 105-85, Sec. 623(2), substituted

"designated for purposes of this section in the regulations

prescribed under subsection (f)" for "designated by the Secretary

of Defense for the purposes of this section".

Subsec. (c)(3). Pub. L. 105-85, Sec. 623(3), substituted "the

regulations prescribed under subsection (f)" for "regulations

prescribed by the Secretary of Defense".

Subsec. (e). Pub. L. 105-85, Sec. 611(e), substituted "September

30, 1999" for "September 30, 1998".

Subsecs. (f), (g). Pub. L. 105-85, Sec. 623(4), added subsecs.

(f) and (g).

1996 - Subsec. (e). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (e). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (c)(2). Pub. L. 103-160, Sec. 612(c)(1)(A),

substituted "sixth anniversary" for "fifth anniversary" in second

sentence.

Subsec. (c)(3). Pub. L. 103-160, Sec. 612(c)(1)(B), added par.

(3).

Subsec. (e). Pub. L. 103-160, Sec. 612(c)(2), substituted

"September 30, 1995" for "September 30, 1993".

1992 - Subsec. (e). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1991 - Subsec. (a)(2). Pub. L. 102-25, Sec. 702(b)(1), struck out

"of this section" after "subsection (b)".

Subsec. (d)(2), (3). Pub. L. 102-25, Sec. 702(b)(2), struck out

"of this subsection" after "paragraph (1)".

1989 - Subsec. (e). Pub. L. 101-189 substituted "September 30,

1992" for "September 30, 1990".

1987 - Subsec. (e). Pub. L. 100-180 substituted "September 30,

1990" for "September 30, 1987".

1985 - Subsec. (c)(1). Pub. L. 99-145, Sec. 645(a)(1),

substituted "up to $50 as determined by the Secretary concerned"

for "$25".

Subsec. (e). Pub. L. 99-145, Sec. 645(a)(2), substituted

"September 30, 1987" for "September 30, 1985".

1981 - Subsec. (e). Pub. L. 97-86 substituted "September 30,

1985" for "September 30, 1981".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 645(b) of Pub. L. 99-145 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 1985."

EFFECTIVE DATE

Agreements under this section not to be entered into before Oct.

1, 1980, see section 805(a)(3) of Pub. L. 96-342, set out as a note

under section 308d of this title.

COVERAGE OF PERIOD OF LAPSED AUTHORITY

Section 612(g) of Pub. L. 103-160 provided that:

"(1) In the case of a person described in paragraph (2) who

executes a reserve affiliation agreement under section 308e of

title 37, United States Code, during the 90-day period beginning on

the date of the enactment of this Act [Nov. 30, 1993], the

Secretary of the military department concerned may treat the

agreement for purposes of the bonus authorized under such section

as having been executed and accepted on the first date on which the

person would have qualified for such an agreement had the amendment

made by subsection (c)(2) [amending this section] taken effect on

October 1, 1993.

"(2) A person referred to in paragraph (1) is a person described

in section 308e(a) of title 37, United States Code, who, during the

period beginning on October 1, 1993, and ending on the date of the

enactment of this Act, would have qualified for a reserve

affiliation agreement under such section had the amendment made by

subsection (c)(2) taken effect on October 1, 1993."

[For provisions relating to coverage of period of lapsed

authority from Oct. 1, 1992, to Oct. 23, 1992, for payment of

bonuses or other special pay under this section, see section

612(j)(2) of Pub. L. 102-484, set out as a note under section 301b

of this title.]

-End-

-CITE-

37 USC Sec. 308f 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

[Sec. 308f. Repealed. Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153]

-MISC1-

Section, added Pub. L. 97-60, title I, Sec. 117(c)(1), Oct. 14,

1981, 95 Stat. 996; amended Pub. L. 98-14, Sec. 2, Mar. 30, 1983,

97 Stat. 55; Pub. L. 98-525, title VI, Sec. 621(a), Oct. 19, 1984,

98 Stat. 2540; Pub. L. 100-180, div. A, title VI, Sec. 626(a), Dec.

4, 1987, 101 Stat. 1104; Pub. L. 102-25, title VII, Sec. 702(b)(2),

Apr. 6, 1991, 105 Stat. 117; Pub. L. 103-160, div. A, title VI,

Sec. 613(e), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103-337, div.

A, title VI, Sec. 613(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L.

104-106, div. A, title VI, Sec. 613(c), Feb. 10, 1996, 110 Stat.

359; Pub. L. 104-201, div. A, title VI, Sec. 613(c), Sept. 23,

1996, 110 Stat. 2544; Pub. L. 105-85, div. A, title VI, Sec.

613(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105-261, div. A,

title VI, Secs. 613(c), 620, Oct. 17, 1998, 112 Stat. 2039, 2042;

Pub. L. 106-65, div. A, title VI, Secs. 613(d), 622(a), Oct. 5,

1999, 113 Stat. 650, 653, related to bonus for enlistment in the

Army.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 2000, and not to affect the validity or

terms of any bonus provided under such section for enlistments in

the Armed Forces made before that date, see section 1 [[div. A],

title VI, Sec. 624(c)(2)] of Pub. L. 106-398, set out as a note

under section 308a of this title.

-End-

-CITE-

37 USC Sec. 308g 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308g. Special pay: bonus for enlistment in elements of the

Ready Reserve other than the Selected Reserve

-STATUTE-

(a) An eligible person who enlists in a combat or combat support

skill of an element (other than the Selected Reserve) of the Ready

Reserve of an armed force for a term of enlistment of not less than

six years, and who has not previously served in an armed force, may

be paid a bonus as provided in subsection (b).

(b) Eligibility for and the amount and method of payment of a

bonus under this section shall be determined in accordance with

regulations prescribed under subsection (g), except that the amount

of such a bonus may not exceed $1,000.

(c) A bonus may not be paid under this section for a term of

enlistment to any person who fails to complete satisfactorily

initial active duty for training or who, upon completion of initial

active duty for training, elects to serve the remainder of the term

of enlistment in the Selected Reserve or in an active component of

an armed force.

(d) A person who receives a bonus payment under this section and

who fails during the period for which the bonus was paid to serve

satisfactorily in the element of the Ready Reserve with respect to

which the bonus was paid shall refund to the United States an

amount which bears the same ratio to the amount of the bonus paid

to such person as the period which such person failed to serve

satisfactorily bears to the total period for which the bonus was

paid.

(e) An obligation to reimburse the United States imposed under

subsection (d) is, for all purposes, a debt owed to the United

States.

(f) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an enlistment for which a

bonus was paid under this section does not discharge the person

receiving such bonus payment from the debt arising under subsection

(d). This subsection applies to any case commenced under title 11

after September 24, 1983.

(g) This section shall be administered under regulations

prescribed by the Secretary of Defense for the armed forces under

his jurisdiction and by the Secretary of Homeland Security for the

Coast Guard when it is not operating as a service in the Navy.

(h) A bonus may not be paid under this section to any person for

an enlistment after September 30, 1992.

-SOURCE-

(Added Pub. L. 98-94, title X, Sec. 1011(a), Sept. 24, 1983, 97

Stat. 663; amended Pub. L. 99-145, title VI, Sec. 646(a)(1), title

XIII, Sec. 1303(b)(3), Nov. 8, 1985, 99 Stat. 654, 740; Pub. L.

100-180, div. A, title VI, Sec. 626(b), Dec. 4, 1987, 101 Stat.

1104; Pub. L. 101-189, div. A, title VI, Sec. 613, Nov. 29, 1989,

103 Stat. 1446; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c),

Apr. 6, 1991, 105 Stat. 117; Pub. L. 107-296, title XVII, Sec.

1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1991 - Pub. L. 102-25 struck out "of this section" wherever

appearing in subsecs. (a), (b), (e), and (f).

1989 - Subsec. (h). Pub. L. 101-189 substituted "September 30,

1992" for "September 30, 1990".

1987 - Subsec. (h). Pub. L. 100-180 substituted "September 30,

1990" for "September 30, 1987".

1985 - Subsec. (f). Pub. L. 99-145, Sec. 1303(b)(3), substituted

"September 24, 1983" for "the date of the enactment of the

Department of Defense Authorization Act, 1984".

Subsec. (h). Pub. L. 99-145, Sec. 646(a)(1), substituted

"September 30, 1987" for "September 30, 1985".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by section 646(a)(1) of Pub. L. 99-145 effective Oct.

1, 1985, see section 646(d) of Pub. L. 99-145, set out as a note

under section 308h of this title.

EFFECTIVE DATE

Section 1011(c) of Pub. L. 98-94 provided that: "The amendments

made by subsections (a) and (b) [enacting this section and section

308h of this title and repealing section 308d of this title] shall

take effect on October 1, 1983."

COAST GUARD; RESERVE FORCES READINESS PROVISIONS INAPPLICABLE

Reserve Forces Readiness provisions, including amendment of

subsec. (b) of this section by Pub. L. 98-525 and Individual Ready

Reserve Reenlistment Bonuses note above inapplicable to Coast

Guard, see section 552(g) of Pub. L. 98-525, set out as a Reserve

Forces Readiness note under section 12001 of Title 10, Armed

Forces.

-End-

-CITE-

37 USC Sec. 308h 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308h. Special pay: bonus for reenlistment, enlistment, or

voluntary extension of enlistment in elements of the Ready

Reserve other than the Selected Reserve

-STATUTE-

(a) Authority and Eligibility Requirements. - (1) The Secretary

concerned may pay a bonus as provided in subsection (b) to an

eligible person who reenlists, enlists, or voluntarily extends an

enlistment in a reserve component of an armed force for assignment

to an element (other than the Selected Reserve) of the Ready

Reserve of that armed force if the reenlistment, enlistment, or

extension is for a period of three years, or for a period of six

years, beyond any other period the person is obligated to serve.

(2) A person is eligible for a bonus under this section if the

person -

(A) is or has been a member of an armed force;

(B) is qualified in a skill or specialty designated by the

Secretary concerned as a critically short wartime skill or

critically short wartime specialty; and

(C) has not failed to complete satisfactorily any original term

of enlistment in the armed forces.

(3) For the purposes of this section, the Secretary concerned may

designate a skill or specialty as a critically short wartime skill

or critically short wartime specialty for an armed force under the

jurisdiction of the Secretary if the Secretary determines that -

(A) the skill or specialty is critical to meet wartime

requirements of the armed force; and

(B) there is a critical shortage of personnel in that armed

force who are qualified in that skill or specialty.

(b) Bonus Amounts; Payment. - (1) Eligibility for and the amount

and method of payment of a bonus under this section shall be

determined under regulations to be prescribed under subsection (f).

(2) The amount of a bonus under this section -

(A) may not exceed $1,500, in the case of a person who enlists

for a period of six years; and

(B) may not exceed $750 in the case of a person who enlists for

a period of three years.

(3) A bonus paid under this section shall be paid as follows:

(A) In the case of a bonus under paragraph (2)(A) -

(i) $500 shall be paid at the time of the reenlistment,

enlistment, or extension of enlistment for which the bonus is

paid; and

(ii) the remainder shall be paid in equal annual increments.

(B) In the case of a bonus under paragraph (2)(B), the amount

of the bonus shall be paid in equal annual increments.

(c) Repayment of Bonus. - A person who receives a bonus payment

under this section and who fails during the period for which the

bonus was paid to serve satisfactorily in the Ready Reserve shall

refund to the United States an amount which bears the same ratio to

the amount of the bonus paid to such person as the period which

such person failed to serve satisfactorily bears to the total

period for which the bonus was paid.

(d) Treatment of Reimbursement Obligation. - An obligation to

reimburse the United States imposed under subsection (c) is, for

all purposes, a debt owed to the United States.

(e) Effect of Bankruptcy. - A discharge in bankruptcy under title

11 that is entered less than five years after the termination of a

reenlistment, enlistment, or extension for which a bonus was paid

under this section does not discharge the person receiving such

bonus payment from the debt arising under subsection (c). This

subsection applies to any case commenced under title 11 after

September 24, 1983.

(f) Regulations. - (1) This section shall be administered under

regulations to be prescribed by the Secretary of Defense for the

armed forces under his jurisdiction and by the Secretary of

Homeland Security for the Coast Guard when it is not operating as a

service in the Navy.

(2) Regulations under this section may require that as a

condition of receiving a bonus under this section the person

receiving the bonus agree to participate in an annual muster of the

Reserves, or in active duty for training, as may be required by the

Secretary concerned.

(g) Termination of Authority. - A bonus may not be paid under

this section to any person for a reenlistment, enlistment, or

voluntary extension of an enlistment after December 31, 2003.

-SOURCE-

(Added Pub. L. 98-94, title X, Sec. 1011(a), Sept. 24, 1983, 97

Stat. 663; amended Pub. L. 98-525, title V, Sec. 552(f)(2), Oct.

19, 1984, 98 Stat. 2532; Pub. L. 99-145, title VI, Sec. 646(a)-(c),

title XIII, Sec. 1303(b)(3), Nov. 8, 1985, 99 Stat. 654, 740; Pub.

L. 100-180, div. A, title VI, Sec. 626(b), Dec. 4, 1987, 101 Stat.

1104; Pub. L. 101-189, div. A, title VI, Sec. 613, Nov. 29, 1989,

103 Stat. 1446; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2),

(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div. A, title

VI, Sec. 612(d), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103-160,

div. A, title VI, Sec. 612(d), Nov. 30, 1993, 107 Stat. 1680; Pub.

L. 103-337, div. A, title VI, Sec. 611(d), Oct. 5, 1994, 108 Stat.

2783; Pub. L. 104-106, div. A, title VI, Sec. 611(d), Feb. 10,

1996, 110 Stat. 359; Pub. L. 104-201, div. A, title VI, Sec.

611(f), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105-85, div. A,

title VI, Sec. 611(f), Nov. 18, 1997, 111 Stat. 1785; Pub. L.

105-261, div. A, title VI, Sec. 611(f), Oct. 17, 1998, 112 Stat.

2038; Pub. L. 106-65, div. A, title VI, Sec. 611(f), Oct. 5, 1999,

113 Stat. 650; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

621(f)], Oct. 30, 2000, 114 Stat. 1654, 1654A-151; Pub. L. 107-107,

div. A, title VI, Secs. 611(f), 619(a), (b), Dec. 28, 2001, 115

Stat. 1135, 1137, 1138; Pub. L. 107-296, title XVII, Sec. 1704(c),

Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title VI,

Sec. 611(e), Dec. 2, 2002, 116 Stat. 2567.)

-MISC1-

AMENDMENTS

2002 - Subsec. (f)(1). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (g). Pub. L. 107-314 substituted "December 31, 2003" for

"December 31, 2002".

2001 - Subsec. (a). Pub. L. 107-107, Sec. 619(a), inserted

heading and amended text generally. Prior to amendment, text read

as follows:

"(a)(1) An eligible person who is or has been a member of an

armed force and who reenlists, enlists, or voluntarily extends an

enlistment in a combat or combat support skill of an element (other

than the Selected Reserve) of the Ready Reserve of an armed force

for a period of three years, or for a period of six years, beyond

any other period the person is obligated to serve may be paid a

bonus as provided in subsection (b).

"(2) A bonus may not be paid under this section to a person who

has failed to complete satisfactorily any original term of

enlistment in the armed forces."

Subsecs. (b) to (f). Pub. L. 107-107, Sec. 619(b)(1)-(5),

inserted headings.

Subsec. (g). Pub. L. 107-107, Sec. 619(b)(6), inserted heading.

Pub. L. 107-107, Sec. 611(f), substituted "December 31, 2002" for

"December 31, 2001".

2000 - Subsec. (g). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (g). Pub. L. 106-65 substituted "December 31,

2000" for "December 31, 1999".

1998 - Subsec. (g). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (g). Pub. L. 105-85 substituted "September 30,

1999" for "September 30, 1998".

1996 - Subsec. (g). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (g). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (g). Pub. L. 103-160 substituted "September 30,

1995" for "September 30, 1993".

1992 - Subsec. (g). Pub. L. 102-484 substituted "September 30,

1993" for "September 30, 1992".

1991 - Pub. L. 102-25 struck out "of this section" and "of this

subsection" wherever appearing.

1989 - Subsec. (g). Pub. L. 101-189 substituted "September 30,

1992" for "September 30, 1990".

1987 - Subsec. (g). Pub. L. 100-180 substituted "September 30,

1990" for "September 30, 1987".

1985 - Subsec. (a)(1). Pub. L. 99-145, Sec. 646(b)(1),

substituted "for a period of three years, or for a period of six

years," for "for a period of not less than three years".

Subsec. (b). Pub. L. 99-145, Sec. 646(b)(2), designated existing

provisions as par. (1), struck out ", except that the amount of

such a bonus may not exceed $900 and shall be paid in equal annual

increments", and added pars. (2) and (3).

Subsec. (e). Pub. L. 99-145, Sec. 1303(b)(3), substituted

"September 24, 1983" for "the date of the enactment of the

Department of Defense Authorization Act, 1984".

Subsec. (f). Pub. L. 99-145, Sec. 646(c), designated existing

provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 99-145, Sec. 646(a), substituted "September

30, 1987" for "September 30, 1985".

1984 - Subsec. (b). Pub. L. 98-525 inserted provision for payment

in equal annual increments.

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 619(d), Dec. 28, 2001,

115 Stat. 1138, provided that: "Subsection (a) of section 308h of

title 37, United States Code, as amended by this section, shall

apply with respect to reserve component reenlistments, enlistments,

and extensions of enlistments that are executed on or after the

first day of the first month that begins more than 180 days after

the date of the enactment of this Act [Dec. 28, 2001]. Subsection

(a) of such section 308h, as in effect on the day before the date

of the enactment of this Act, shall continue to apply with respect

to reserve component reenlistments, enlistments, and extensions of

enlistments that are executed before the first day of that first

month."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-160 effective as of Sept. 30, 1993, and

applicable with respect to an enlistment, reenlistment, or

extension of an enlistment described in this section or section

308b, 308c, or 308i of this title occurring on or after that date,

see section 612(f) of Pub. L. 103-160, set out as a note under

section 308b of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 646(d) of Pub. L. 99-145 provided that: "The amendments

made by this section [amending this section and section 308g of

this title] shall take effect on October 1, 1985."

EFFECTIVE DATE

Section effective Oct. 1, 1983, see section 1011(c) of Pub. L.

98-94, set out as a note under section 308g of this title.

REGULATIONS

Pub. L. 107-107, div. A, title VI, Sec. 619(c), Dec. 28, 2001,

115 Stat. 1138, provided that: "Not later than 180 days after the

date of the enactment of this Act [Dec. 28, 2001], the Secretaries

of the military departments shall prescribe such regulations as may

be necessary for administering subsection (a) of section 308h of

title 37, United States Code, as amended by this section."

COVERAGE OF PERIOD OF LAPSED AUTHORITY

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or

other special pay under this section, see section 612(j)(2) of Pub.

L. 102-484, set out as a note under section 301b of this title.

INDIVIDUAL READY RESERVE REENLISTMENT BONUSES

Section 552(f)(1) of Pub. L. 98-525 provided that: "In order to

encourage members of the Armed Forces whose military service

obligation is expiring and who do not choose to reenlist or

otherwise extend their service on active duty or in active elements

of reserve components to remain in the Armed Forces as members of

the Individual Ready Reserve, the Secretary of Defense shall

consider making greater use of the authority provided under section

308h of title 37, United States Code, to pay bonuses to persons

reenlisting for periods of not less than three years in the

Individual Ready Reserve."

COAST GUARD; RESERVE FORCES READINESS PROVISIONS INAPPLICABLE

Reserve Forces Readiness provisions, including amendment of

subsec. (b) of this section by Pub. L. 98-525 and Individual Ready

Reserve Reenlistment Bonuses note above, inapplicable to Coast

Guard, see section 552(g) of Pub. L. 98-525, set out as a Reserve

Forces Readiness note under section 12001 of Title 10, Armed

Forces.

-End-

-CITE-

37 USC Sec. 308i 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 308i. Special pay: prior service enlistment bonus

-STATUTE-

(a) Authority and Eligibility Requirements. - (1) A person who is

a former enlisted member of an armed force who enlists in the

Selected Reserve of the Ready Reserve of an armed force for a

period of three or six years in a critical military skill

designated for such a bonus by the Secretary concerned and who

meets the requirements of paragraph (2) may be paid a bonus as

prescribed in subsection (b).

(2) A bonus may only be paid under this section to a person who

meets each of the following requirements:

(A) The person has completed a military service obligation, but

has less than 14 years of total military service, and received an

honorable discharge at the conclusion of that military service

obligation.

(B) The person was not released, or is not being released, from

active service for the purpose of enlistment in a reserve

component.

(C) The person is projected to occupy, or is occupying, a

position as a member of the Selected Reserve in a specialty in

which the person -

(i) successfully served while a member on active duty and

attained a level of qualification while on active duty

commensurate with the grade and years of service of the member;

or

(ii) has completed training or retraining in the specialty

skill that is designated as critically short and attained a

level of qualification in the specialty skill that is

commensurate with the grade and years of service of the member.

(D) The person has not previously been paid a bonus (except

under this section) for enlistment, reenlistment, or extension of

enlistment in a reserve component.

(b) Bonus Amounts; Payment. - (1) The amount of a bonus under

this section may not exceed -

(A) $8,000, in the case of a person who enlists for a period of

six years;

(B) $4,000, in the case of a person who, having never received

a bonus under this section, enlists for a period of three years;

and

(C) $3,500, in the case of a person who, having received a

bonus under this section for a previous three-year enlistment,

reenlists or extends the enlistment for an additional period of

three years.

(2) Any bonus payable under this section shall be disbursed in

one initial payment of an amount not to exceed one-half of the

total amount of the bonus and subsequent periodic partial payments

of the balance of the bonus. The Secretary concerned shall

prescribe the amount of each partial payment and the schedule for

making the partial payments.

(c) Condition on Eligibility; Limitation on Number of Bonuses. -

(1) To be eligible for a second bonus under this section in the

amount specified in subsection (b)(1)(C), a person must -

(A) enter into a reenlistment or extension of an enlistment for

a period of three years not later than the date on which the

enlistment for which the first bonus was paid would expire; and

(B) still satisfy the eligibility requirements under subsection

(a).

(2) A person may not be paid more than one six-year bonus or two

three-year bonuses under this section.

(d) Repayment of Bonus. - (1) A person who receives a bonus

payment under this section and who fails during the period for

which the bonus was paid to serve satisfactorily in the element of

the Selected Reserve of the Ready Reserve with respect to which the

bonus was paid shall refund to the United States an amount that

bears the same relation to the amount of the bonus paid to such

person as the period that such person failed to serve

satisfactorily bears to the total period for which the bonus was

paid.

(2) An obligation to reimburse the United States imposed under

paragraph (1) is, for all purposes, a debt owed to the United

States.

(3) Under regulations prescribed pursuant to subsection (e), the

Secretary concerned may remit or cancel the whole or any part of an

obligation to reimburse the United States imposed under paragraph

(1).

(4) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an enlistment for which a

bonus was paid under this section shall not discharge the person

receiving such bonus payment from the debt arising under paragraph

(1). This subsection (!1) applies to any case commenced under title

11 after September 30, 1985.

(e) Regulations. - This section shall be administered under

regulations prescribed by the Secretary of Defense for the armed

forces under his jurisdiction and by the Secretary of Homeland

Security for the Coast Guard when the Coast Guard is not operating

as a service in the Navy.

(f) Termination of Authority. - No bonus may be paid under this

section to any person for an enlistment after December 31, 2003.

-SOURCE-

(Added Pub. L. 99-145, title VI, Sec. 644(a)(1), Nov. 8, 1985, 99

Stat. 652; amended Pub. L. 100-26, Sec. 8(d)(4), Apr. 21, 1987, 101

Stat. 285; Pub. L. 100-180, div. A, title VI, Sec. 626(b), Dec. 4,

1987, 101 Stat. 1104; Pub. L. 101-189, div. A, title VI, Sec. 613,

Nov. 29, 1989, 103 Stat. 1446; Pub. L. 102-25, title VII, Sec.

702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div.

A, title VI, Sec. 612(d), title XI, Sec. 1136, Oct. 23, 1992, 106

Stat. 2421, 2541; Pub. L. 103-160, div. A, title VI, Sec. 612(e),

Nov. 30, 1993, 107 Stat. 1680; Pub. L. 103-337, div. A, title VI,

Sec. 611(e), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106, div. A,

title VI, Sec. 611(e), Feb. 10, 1996, 110 Stat. 359; Pub. L.

104-201, div. A, title VI, Sec. 611(g), Sept. 23, 1996, 110 Stat.

2543; Pub. L. 105-85, div. A, title VI, Secs. 611(g), 622, Nov. 18,

1997, 111 Stat. 1785, 1791; Pub. L. 105-261, div. A, title VI, Sec.

611(g), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106-65, div. A,

title VI, Secs. 611(g), 623(a), Oct. 5, 1999, 113 Stat. 650, 653;

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 621(g)], Oct. 30,

2000, 114 Stat. 1654, 1654A-151; Pub. L. 107-107, div. A, title VI,

Sec. 611(g), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107-296, title

XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314,

div. A, title VI, Secs. 611(f), 617, Dec. 2, 2002, 116 Stat. 2567,

2570.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-314, Sec. 617, substituted

"$8,000" for "$5,000" in subpar. (A), "$4,000" for "$2,500" in

subpar. (B), and "$3,500" for "$2,000" in subpar. (C).

Subsec. (e). Pub. L. 107-296 substituted "of Homeland Security"

for "of Transportation".

Subsec. (f). Pub. L. 107-314, Sec. 611(f), substituted "December

31, 2003" for "December 31, 2002".

2001 - Subsec. (f). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (f). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a)(2). Pub. L. 106-65, Sec. 623(a), added par.

(2) and struck out former par. (2) which set forth requirements for

payment of a bonus under this section.

Subsec. (f). Pub. L. 106-65, Sec. 611(g), substituted "December

31, 2000" for "December 31, 1999".

1998 - Subsec. (f). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (a). Pub. L. 105-85, Sec. 622(e)(1), inserted

heading.

Subsec. (a)(2)(A). Pub. L. 105-85, Sec. 622(a)(1), substituted

"14 years" for "10 years".

Subsec. (a)(2)(C). Pub. L. 105-85, Sec. 622(a)(2), struck out

"and" at end.

Subsec. (a)(2)(D). Pub. L. 105-85, Sec. 622(a)(5), added subpar.

(D). Former subpar. (D) redesignated (E).

Subsec. (a)(2)(E). Pub. L. 105-85, Sec. 622(a)(3), (4),

redesignated subpar. (D) as (E) and inserted "(except under this

section)" after "bonus".

Subsec. (b). Pub. L. 105-85, Sec. 622(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

bonus to be paid under subsection (a) shall be -

"(1) an initial payment of -

"(A) an amount not to exceed $1,250, in the case of a member

who enlists for a period of three years; or

"(B) an amount not to exceed $2,500, in the case of a member

who enlists for a period of six years; and

"(2) a subsequent payment of an amount not to exceed $416.66

upon the completion of each year of the period of such

reenlistment or extension of enlistment during which such member

has satisfactorily participated in unit training."

Subsec. (c). Pub. L. 105-85, Sec. 622(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "A

member may not be paid more than one bonus under this section and

may not be paid a bonus under this section unless the specialty

associated with the position the member is projected to occupy is a

specialty in which the member successfully served while on active

duty and attained a level of qualification commensurate with the

member's grade and years of service."

Subsec. (d). Pub. L. 105-85, Sec. 622(d)(1), (e)(2)(A), inserted

heading, designated existing provisions as par. (1), and

redesignated subsecs. (e), (f), and (g) as pars. (2), (3), and (4),

respectively, of subsec. (d).

Subsec. (d)(2). Pub. L. 105-85, Sec. 622(e)(2)(B), substituted

"paragraph (1)" for "subsection (d)".

Subsec. (d)(3). Pub. L. 105-85, Sec. 622(e)(2)(C), substituted

"subsection (e)" for "subsection (h)" and "paragraph (1)" for

"subsection (d)".

Subsec. (d)(4). Pub. L. 105-85, Sec. 622(e)(2)(B), substituted

"paragraph (1)" for "subsection (d)".

Subsec. (e). Pub. L. 105-85, Sec. 622(e)(3), inserted heading.

Pub. L. 105-85, Sec. 622(d)(2), redesignated subsec. (h) as (e).

Former subsec. (e) redesignated subsec. (d)(2).

Subsec. (f). Pub. L. 105-85, Sec. 622(e)(4), inserted heading.

Pub. L. 105-85, Sec. 622(d)(2), redesignated subsec. (i) as (f).

Former subsec. (f) redesignated subsec. (d)(3).

Pub. L. 105-85, Sec. 611(g), amended subsec. (f), as redesignated

by Pub. L. 105-85, Sec. 622(d)(2), by substituting "September 30,

1999" for "September 30, 1998".

Subsec. (g). Pub. L. 105-85, Sec. 622(d)(2), redesignated subsec.

(g) as subsec. (d)(4).

Subsecs. (h), (i). Pub. L. 105-85, Sec. 622(d)(2), redesignated

subsecs. (h) and (i) as (e) and (f), respectively.

1996 - Subsec. (i). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (i). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1993 - Subsec. (i). Pub. L. 103-160 substituted "September 30,

1995" for "September 30, 1993".

1992 - Subsec. (c). Pub. L. 102-484, Sec. 1136, inserted before

period at end "and may not be paid a bonus under this section

unless the specialty associated with the position the member is

projected to occupy is a specialty in which the member successfully

served while on active duty and attained a level of qualification

commensurate with the member's grade and years of service".

Subsec. (i). Pub. L. 102-484, Sec. 612(d), substituted "September

30, 1993" for "September 30, 1992".

1991 - Subsecs. (e) to (g). Pub. L. 102-25 struck out "of this

section" wherever appearing.

1989 - Subsec. (i). Pub. L. 101-189 substituted "September 30,

1992" for "September 30, 1990".

1987 - Subsec. (b)(1)(B). Pub. L. 100-26 inserted a comma after

"$2,500".

Subsec. (i). Pub. L. 100-180 substituted "September 30, 1990" for

"September 30, 1987".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 623(b), Oct. 5, 1999, 113

Stat. 654, provided that: "The amendment made by subsection (a)

[amending this section] shall take effect on October 1, 1999, and

shall apply to enlistments beginning on or after that date."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-160 effective as of Sept. 30, 1993, and

applicable with respect to an enlistment, reenlistment, or

extension of an enlistment described in this section or section

308b, 308c, or 308h of this title occurring on or after that date,

see section 612(f) of Pub. L. 103-160, set out as a note under

section 308b of this title.

EFFECTIVE DATE

Section 644(b) of Pub. L. 99-145 provided that: "The amendments

made by subsection (a) [enacting this section] shall take effect on

October 1, 1985."

COVERAGE OF PERIOD OF LAPSED AUTHORITY

For provisions relating to coverage of period of lapsed authority

from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or

other special pay under this section, see section 612(j)(2) of Pub.

L. 102-484, set out as a note under section 301b of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph".

-End-

-CITE-

37 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 309. Special pay: enlistment bonus

-STATUTE-

(a) Bonus Authorized; Bonus Amount. - A person who enlists in an

armed force for a period of at least 2 years may be paid a bonus in

an amount not to exceed $20,000. The bonus may be paid in a single

lump sum or in periodic installments.

(b) Repayment of Bonus. - (1) A member of the armed forces who

voluntarily, or because of the member's misconduct, does not

complete the term of enlistment for which a bonus was paid under

this section, or a member who is not technically qualified in the

skill for which the bonus was paid, if any (other than a member who

is not qualified because of injury, illness, or other impairment

not the result of the member's misconduct), shall refund to the

United States that percentage of the bonus that the unexpired part

of member's enlistment is of the total enlistment period for which

the bonus was paid.

(2) An obligation to reimburse the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than 5 years after the termination of an enlistment for which a

bonus was paid under this section does not discharge the person

receiving the bonus from the debt arising under paragraph (1).

(c) Relation to Prohibition on Bounties. - The enlistment bonus

authorized by this section is not a bounty for purposes of section

514(a) of title 10.

(d) Regulations. - This section shall be administered under

regulations prescribed by the Secretary of Defense for the armed

forces under the jurisdiction of the Secretary of Defense and by

the Secretary of Homeland Security for the Coast Guard when the

Coast Guard is not operating as a service in the Navy.

(e) Duration of Authority. - No bonus shall be paid under this

section with respect to any enlistment in the armed forces made

after December 31, 2003.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

624(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-152; amended Pub.

L. 107-107, div. A, title VI, Sec. 614(c), Dec. 28, 2001, 115 Stat.

1136; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116

Stat. 2314; Pub. L. 107-314, div. A, title VI, Sec. 614(c), Dec. 2,

2002, 116 Stat. 2568.)

-MISC1-

PRIOR PROVISIONS

A prior section 309, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 468,

related to authority of Secretary concerned to provide for

additional pay for performance of administrative functions by

officers of the National Guard and reserve components, prior to

repeal by Pub. L. 96-107, title IV, Sec. 404(a)(1), (b), Nov. 9,

1979, 93 Stat. 808, 809, applicable only with respect to

administrative functions performed after September 30, 1980.

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (e). Pub. L. 107-314 substituted "December 31, 2003" for

"December 31, 2002".

2001 - Subsec. (e). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 624(c)(1)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-153, provided that: "The

amendments made by subsection (a) [enacting this section] shall

take effect on October 1, 2000, and apply with respect to

enlistments in the Armed Forces made on or after that date."

-End-

-CITE-

37 USC Sec. 310 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 310. Special pay: duty subject to hostile fire or imminent

danger

-STATUTE-

(a) Under regulations prescribed by the Secretary of Defense, a

member of a uniformed service may be paid special pay at the rate

of $150 for any month in which he was entitled to basic pay and in

which he -

(1) was subject to hostile fire or explosion of hostile mines;

(2) was on duty in an area in which he was in imminent danger

of being exposed to hostile fire or explosion of hostile mines

and in which, during the period he was on duty in that area,

other members of the uniformed services were subject to hostile

fire or explosion of hostile mines;

(3) was killed, injured, or wounded by hostile fire, explosion

of a hostile mine, or any other hostile action; or

(4) was on duty in a foreign area in which he was subject to

the threat of physical harm or imminent danger on the basis of

civil insurrection, civil war, terrorism, or wartime conditions.

A member covered by clause (3) who is hospitalized for the

treatment of his injury or wound may be paid special pay under this

section for not more than three additional months during which he

is so hospitalized.

(b)(1) A member may not be paid more than one special pay under

this section for any month. A member may be paid special pay under

this section in addition to any other pay and allowances to which

he may be entitled.

(2) A member of a reserve component who is eligible for special

pay under this section for a month shall receive the full amount

authorized in subsection (a) for that month regardless of the

number of days during that month on which the member satisfies the

eligibility criteria specified in such subsection.

(c) Any determination of fact that is made in administering this

section is conclusive. Such a determination may not be reviewed by

any other officer or agency of the United States unless there has

been fraud or gross negligence. However, the determination may be

changed on the basis of new evidence or for other good cause.

-SOURCE-

(Added Pub. L. 88-132, Sec. 9(a)(1), Oct. 2, 1963, 77 Stat. 216;

amended Pub. L. 89-132, Sec. 4, Aug. 21, 1965, 79 Stat. 547; Pub.

L. 98-94, title IX, Sec. 905(a), (b)(1), Sept. 24, 1983, 97 Stat.

636, 637; Pub. L. 99-145, title VI, Sec. 638(a), Nov. 8, 1985, 99

Stat. 649; Pub. L. 101-510, div. A, title XIII, Sec. 1322(c)(6),

Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102-190, div. A, title VI,

Secs. 611(a), 613, Dec. 5, 1991, 105 Stat. 1376, 1377; Pub. L.

105-261, div. A, title VI, Sec. 621, Oct. 17, 1998, 112 Stat.

2042.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-261 designated existing

provisions as par. (1) and added par. (2).

1991 - Subsec. (a). Pub. L. 102-190 substituted "Under" for

"Except in time of war declared by Congress, and under" and "rate

of $150" for "lowest rate for hazardous duty incentive pay

specified in section 301(c)(1) of this title".

1990 - Subsec. (d). Pub. L. 101-510 struck out subsec. (d) which

read as follows: "The Secretary of Defense shall report to Congress

by March 1 of each year on the administration of this section

during the preceding calendar year."

1985 - Subsec. (a). Pub. L. 99-145 substituted "at the lowest

rate for hazardous duty incentive pay specified in section

301(c)(1) of this title" for "at the rate of $65 a month" in

provisions preceding cl. (1).

1983 - Pub. L. 98-94, Sec. 905(b)(1), inserted "or imminent

danger" in section catchline.

Subsec. (a)(4). Pub. L. 98-94, Sec. 905(a), added cl. (4).

1965 - Subsec. (a). Pub. L. 89-132 increased rate of special pay

from $55 to $65 a month.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 638(b) of Pub. L. 99-145 provided that: "The amendment

made by this section [amending this section] shall take effect on

October 1, 1985."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 905(c) of Pub. L. 98-94 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 1983."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-132 effective Sept. 1, 1965, see section

10 of Pub. L. 89-132, set out as a note under section 203 of this

title.

EFFECTIVE DATE

Section effective Oct. 1, 1963, see section 14 of Pub. L. 88-132,

set out as an Effective Date of 1963 Amendment note under section

201 of this title.

RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER PAY FOR SERVICE IN

CONNECTION WITH OPERATION ENDURING FREEDOM

Pub. L. 107-107, div. A, title VI, Sec. 624, Dec. 28, 2001, 115

Stat. 1143, provided that:

"(a) Retroactive Authorization. - The Secretary of Defense may

provide for the payment of imminent danger pay under section 310 of

title 37, United States Code, to members of the Armed Forces

assigned to duty in the areas specified in subsection (b) in

connection with the contingency operation known as Operation

Enduring Freedom with respect to periods of duty served in those

areas during the period beginning on September 19, 2001, and ending

October 31, 2001.

"(b) Specified Areas. - The areas referred to in subsection (a)

are the following:

"(1) The land areas of Kyrgyzstan, Oman, the United Arab

Emirates, and Uzbekistan.

"(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the

Arabian Sea (that portion north of 10&#186;<!-- degrees --> north

latitude and west of 68&#186;<!-- degrees --> east longitude)."

TEMPORARY INCREASE IN SPECIAL PAY IN CONNECTION WITH PERSIAN GULF

CONFLICT

Pub. L. 102-25, title III, Sec. 301, Apr. 6, 1991, 105 Stat. 80,

provided that:

"(a) Increased Rate. - In lieu of the rate of special pay

specified in section 310(a) of title 37, United States Code, the

rate of special pay payable under that section shall be $150 for

each month during the period described in subsection (b).

"(b) Period of Applicability. - Subsection (a) shall apply during

the period beginning on August 1, 1990, and ending on the first day

of the first month beginning on or after the date 180 days after

the end of the Persian Gulf conflict."

IMMINENT DANGER PAY IN CONNECTION WITH OPERATION DESERT SHIELD

Section 1111(a) of Pub. L. 101-510 provided that: "The Secretary

of Defense may provide for the payment of imminent danger pay under

section 310 of title 37, United States Code, to members of the

Armed Forces assigned to duty in the Persian Gulf area in

connection with Operation Desert Shield with respect to periods of

duty served after August 1, 1990, and before the date of the

enactment of this Act [Nov. 5, 1990]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 411a of this title; title

10 sections 701, 703, 1079, 1133; title 20 section 1087ee; title 24

section 412; title 26 section 112; title 36 section 230103; title

42 section 1382a.

-End-

-CITE-

37 USC Sec. 311 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

[Sec. 311. Repealed. Pub. L. 99-145, title VI, Sec. 639(b), Nov. 8,

1985, 99 Stat. 651]

-MISC1-

Section, added Pub. L. 90-207, Sec. 1(2)(A), Dec. 16, 1967, 81

Stat. 651; amended Pub. L. 90-603, Sec. 1, Oct. 18, 1968, 82 Stat.

1187; Pub. L. 90-623, Sec. 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub.

L. 93-274, Sec. 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93-394,

Sec. 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96-284, Sec.

4(d)(1)-(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96-513,

title IV, Sec. 414(b), title V, Sec. 516(7), Dec. 12, 1980, 94

Stat. 2906, 2938, provided for continuation pay for dentists in the

armed forces. See section 302b of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L.

99-145, set out as an Effective Date of 1985 Amendment note under

section 302b of this title.

-End-

-CITE-

37 USC Sec. 312 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 312. Special pay: nuclear-qualified officers extending period

of active service

-STATUTE-

(a) Under regulations to be prescribed by the Secretary of the

Navy, an officer of the naval service who -

(1) is entitled to basic pay;

(2) has the current technical qualification for duty in

connection with supervision, operation, and maintenance of naval

nuclear propulsion plants; and

(3) executes a written agreement to remain on active duty in

connection with supervision, operation, and maintenance of naval

nuclear propulsion plants for a period of three, four, or five

years, so long as the new period of obligated active service does

not extend beyond the end of 26 years of commissioned service, in

addition to any other period of obligated active service,

may, upon the acceptance by the Secretary or his designee of the

written agreement, in addition to all other compensation to which

he is entitled, be paid a sum of money not to exceed $25,000 for

each year of the active-service agreement. The Secretary of the

Navy shall determine annually the necessity for continuance of the

special pay and the rate of special pay per year for such

active-service agreements accepted within each 12-month period.

Upon acceptance of the agreement by the Secretary or his designee,

the total amount payable shall be paid in equal annual installments

over the length of the contract, commencing at the expiration of

any existing period of obligated active service. The Secretary (or

his designee) may accept an active service agreement under this

section not more than one year in advance of the end of an

officer's existing period of obligated active service under such an

agreement. In such a case, the amount of the special pay may be

paid commencing with the date of acceptance of the agreement, with

the number of installments being equal to the number of years

covered by the contract plus one.

(b) Pursuant to regulations prescribed by the Secretary of the

Navy and subject to such exceptions as may be prescribed in those

regulations, refunds, on a pro rata basis, of sums paid pursuant to

this section may be required if the officer having received the

payment fails to complete the full period of active duty in

connection with supervision, operation, and maintenance of naval

nuclear propulsion plants which he agreed to serve.

(c) Nothing in this section shall alter or modify the obligation

of a regular officer to perform active service at the pleasure of

the President. Completion of the additional period of active

service under this section shall in no way obligate the President

to accept a resignation submitted by a regular officer.

(d)(1) An officer who is performing obligated service under an

agreement under subsection (a) may, if the amount that may be paid

under such subsection is higher than at the time the officer

executed such agreement, execute a new agreement under that

subsection. The period of such an agreement shall be a period equal

to or exceeding the original period of the officer's existing

agreement, so long as the period of obligated active service under

the new agreement does not extend beyond the end of 26 years of

commissioned service. If a new agreement is executed under this

subsection, the existing active-service agreement shall be

cancelled, effective on the day before an anniversary date of that

agreement after the date on which the amount that may be paid under

this section is increased.

(2) This subsection shall be carried out under regulations

prescribed by the Secretary of the Navy.

(e) The provisions of this section shall be effective only in the

case of officers who, on or before December 31, 2003, execute the

required written agreement to remain in active service.

-SOURCE-

(Added Pub. L. 91-20, Sec. 1(1), June 3, 1969, 83 Stat. 12; amended

Pub. L. 92-581, Sec. 1(1), (2), Oct. 27, 1972, 86 Stat. 1277; Pub.

L. 94-356, Sec. 2, July 12, 1976, 90 Stat. 901; Pub. L. 96-513,

title V, Sec. 516(8), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579,

Sec. 2(a), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99-145, title VI,

Sec. 632(a), Nov. 8, 1985, 99 Stat. 643; Pub. L. 101-189, div. A,

title VI, Sec. 614(a), Nov. 29, 1989, 103 Stat. 1446; Pub. L.

102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 103-337, div. A, title VI, Sec. 613(g), Oct. 5, 1994,

108 Stat. 2783; Pub. L. 104-106, div. A, title VI, Sec. 613(e),

Feb. 10, 1996, 110 Stat. 360; Pub. L. 104-201, div. A, title VI,

Sec. 613(d), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105-85, div.

A, title VI, Secs. 613(d), 624(a), Nov. 18, 1997, 111 Stat. 1786,

1793; Pub. L. 105-261, div. A, title VI, Sec. 613(d), Oct. 17,

1998, 112 Stat. 2039; Pub. L. 106-65, div. A, title VI, Secs.

613(e), 624(a), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106-398,

Sec. 1 [[div. A], title VI, Sec. 623(c)], Oct. 30, 2000, 114 Stat.

1654, 1654A-152; Pub. L. 107-107, div. A, title VI, Sec. 613(a),

Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107-314, div. A, title VI,

Sec. 613(a), Dec. 2, 2002, 116 Stat. 2568.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-314 substituted "December 31,

2003" for "December 31, 2002".

2001 - Subsec. (e). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (e). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a). Pub. L. 106-65, Sec. 624(a), substituted

"$25,000" for "$15,000" in concluding provisions.

Subsec. (e). Pub. L. 106-65, Sec. 613(e), substituted "December

31, 2000" for "December 31, 1999".

1998 - Subsec. (e). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (a). Pub. L. 105-85, Sec. 624(a), substituted

"$15,000" for "$12,000" in concluding provisions.

Subsec. (e). Pub. L. 105-85, Sec. 613(d), substituted "September

30, 1999" for "September 30, 1998".

1996 - Subsec. (e). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (e). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1991 - Subsec. (d)(1). Pub. L. 102-25 struck out "of this

section" after "subsection (a)".

1989 - Subsec. (e). Pub. L. 101-189 substituted "September 30,

1995" for "September 30, 1990".

1985 - Subsec. (a). Pub. L. 99-145, Sec. 632(a)(1)(D), in

provisions following numbered clauses, substituted "$12,000" for

"$7,000", "annually" for "semiannually", "12-month period" for

"six-month period", and "shall be paid in equal annual installments

over the length of the contract, commencing at the expiration of

any existing period of obligated active service. The Secretary (or

his designee) may accept an active service agreement under this

section not more than one year in advance of the end of an

officer's existing period of obligated active service under such an

agreement. In such a case, the amount of the special pay may be

paid commencing with the date of acceptance of the agreement, with

the number of installments being equal to the number of years

covered by the contract plus one" for "shall become fixed and shall

be paid in four equal yearly installments, commencing at the

expiration of the initial obligated service; except, the Secretary

or his designee may accept the active-service agreement not more

than one year in advance of the expiration of the initial obligated

active service and the amount may then be paid in five yearly

installments, not to exceed $5,600 per year, commencing with the

date of acceptance of the agreement".

Subsec. (a)(2) to (4). Pub. L. 99-145, Sec. 632(a)(1)(A)-(C),

inserted "and" at end of cl. (2), redesignated cl. (4) as (3) and

substituted "for a period of three, four, or five years, so long as

the new period of obligated active service does not extend beyond

the end of 26 years of commissioned service," for "for one period

of four years", and struck out former cl. (3) which related to an

officer of the naval service who had not completed ten years of

commissioned service.

Subsec. (b). Pub. L. 99-145, Sec. 632(a)(2), (3), redesignated

subsec. (c) as (b), struck out "of four years" after "complete the

full period", and struck out former subsec. (b) which provided that

no more than one agreement for each officer would be accepted under

this section.

Subsec. (c). Pub. L. 99-145, Sec. 632(a)(4), redesignated subsec.

(d) as (c), and substituted "additional period of active service

under this section shall in no way obligate the President to accept

a resignation submitted by a regular officer." for "additional

period of four years' active service under this section shall in no

way obligate the President to accept a resignation submitted by a

regular officer at the end of the four-year period." Former subsec.

(c) redesignated (b).

Subsec. (d). Pub. L. 99-145, Sec. 632(a)(5), added subsec. (d).

Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 99-145, Sec. 632(a)(6), substituted

"September 30, 1990" for "September 30, 1987".

1980 - Subsec. (a). Pub. L. 96-579, Sec. 2(a)(1), substituted

"$7,000" and "$5,600" for "$5,000" and "$4,000", respectively.

Pub. L. 96-513 redesignated cls. (3) to (5) as (2) to (4),

respectively. Former cl. (2) was repealed by Pub. L. 92-581, Sec.

1(2)(A), Oct. 27, 1972, 86 Stat. 1277.

Subsec. (e). Pub. L. 96-579, Sec. 2(a)(2), substituted "September

30, 1987" for "September 30, 1981".

1976 - Subsec. (a). Pub. L. 94-356, Sec. 2(1), substituted

"$5,000" for "$3,750" and "$4,000" for "$3,000".

Subsec. (e). Pub. L. 94-356, Sec. 2(2), substituted "September

30, 1981" for "June 30, 1975".

1972 - Pub. L. 92-581, Sec. 1(1), struck out "submarine" in

section catchline.

Subsec. (a)(2). Pub. L. 92-581, Sec. 1(2)(A), struck out cl. (2)

which referred to officers of the naval service currently

designated "qualified in submarines".

Subsec. (a)(5). Pub. L. 92-581, Sec. 1(2)(B), substituted "on

active duty in connection with supervision, operation, and

maintenance of naval nuclear propulsion plants", for "in active

submarine service".

Subsec. (c). Pub. L. 92-581, Sec. 1(2)(C), substituted "duty in

connection with supervision, operation, and maintenance of naval

nuclear propulsion plants", for "submarine service".

Subsec. (d). Pub. L. 92-581, Sec. 1(2)(D), struck out

"submarine".

Subsec. (e). Pub. L. 92-581, Sec. 1(2)(E), substituted "1975" for

"1973".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 624(d)(1), Oct. 5, 1999,

113 Stat. 654, provided that: "The amendments made by subsections

(a) and (b) [amending this section and section 312b of this title]

shall take effect on October 1, 1999, and shall apply to agreements

under section 312 or 312b of such title entered into on or after

that date."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 624(d) of Pub. L. 105-85 provided that:

"(1) The amendments made by this section [amending this section

and sections 312b and 312c of this title] shall take effect as of

October 1, 1997.

"(2) The amendments made by subsections (a) and (b) [amending

this section and section 312b of this title] shall apply with

respect to agreements accepted under sections 312(a) and 312b(a),

respectively, of title 37, United States Code, on or after October

1, 1997."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 632(d) of Pub. L. 99-145 provided that: "The amendments

made by this section [amending this section and sections 312b and

312c of this title] shall take effect on October 1, 1985."

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 2(d)(1) of Pub. L. 96-579 provided: "The amendments made

by subsection (a)(1) [amending this section] shall apply only with

respect to active-duty agreements under section 312 of title 37,

United States Code, executed on or after the first day of the first

month following the month in which this section is enacted [Dec.

1980]."

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 5 of Pub. L. 94-356 provided that: "This Act [enacting

section 312b of this title, amending this section, and enacting

provisions set out as notes under this section and section 301 of

this title] becomes effective on the first day of the first month

after enactment [Aug. 1, 1976], except that section 312c of title

37, United States Code, as added by this Act, is effective as of

October 1, 1975."

ACTIVE SERVICE AGREEMENTS FOR NUCLEAR QUALIFIED OFFICERS

Pub. L. 97-60, title I, Sec. 118, Oct. 14, 1981, 95 Stat. 997,

provided that: "Notwithstanding subsections (a) and (b) of section

312 of title 37, United States Code, and under regulations

prescribed by the Secretary of the Navy, the Secretary of the Navy

may permit an officer of the naval service who is performing

obligated service as the result of an active-service agreement

executed under such section before January 1, 1981, to cancel that

active-service agreement effective on the day before an anniversary

of the day on which that agreement was executed and execute a new

active-service agreement under such section for one period of four

years. Any such cancellation of an existing agreement and execution

of a new agreement may be effective on the day before an

anniversary date occurring on or after January 1, 1981."

EXCHANGE OF ACTIVE SERVICE AGREEMENTS BY NAVAL OFFICERS

Section 4 of Pub. L. 94-356 provided that: "Notwithstanding any

other provision of this Act [enacting section 312b and 312c of this

title, amending this section, and enacting provisions set out as

notes under this section and section 301 of this title] or any

other provision of law, and under regulations prescribed by the

Secretary of the Navy, an officer of the naval service who, on or

after the effective date of this Act [see Effective Date of 1976

Amendment above], is, or will be, performing obligated service as

the result of an active service agreement executed in accordance

with section 312 of title 37, United States Code as it existed at

any time before the effective date of this Act, may be permitted -

"(1) as of the last day of the first year of that obligated

service, to cancel that active service agreement in exchange for

a new active service agreement in accordance with section 312 of

title 37, as amended by this Act; or

"(2) as of the last day of any year, other than the last year,

of that obligated service, to cancel that active service

agreement in exchange for eligibility for the annual bonus

authorized by section 312c of title 37, as added by this Act, and

an agreement to remain on active duty for a period of time equal

to the period of obligated service remaining under that active

service agreement".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 312c of this title.

-End-

-CITE-

37 USC Sec. 312a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 312a. Special pay: nuclear-trained and qualified enlisted

members

-STATUTE-

(a) Under regulations prescribed by the Secretary of Defense, an

enlisted member of the naval service who -

(1) is entitled to basic pay;

(2) is currently qualified for duty in connection with the

supervision, operation, and maintenance of naval nuclear

propulsion plants; and

(3) has completed at least six, but not more than ten, years of

active duty and executes, when eligible, a reenlistment agreement

for not less than two years;

may upon acceptance of the reenlistment agreement by the Secretary

of the Navy or his designee, be paid a bonus not to exceed six

months of the basic pay to which he was entitled at the time of his

discharge or release, multiplied by the number of years or the

monthly fractions thereof of additional obligated service, not to

exceed six years, or $15,000, whichever is the lesser amount.

(b) Bonus payments authorized under this section may be paid in

either a lump sum or in installments.

(c) An amount paid to a member under subsection (a) is in

addition to all other compensation to which he is entitled and does

not count against the limitation prescribed by section 308(a) of

this title concerning the total amount of reenlistment bonus that

may be paid.

(d) Under regulations prescribed by the Secretary of the Navy,

refunds, on a pro rata basis, of sums paid under subsection (a) may

be required, and further payments terminated, if the member who has

received the payment fails to complete his reenlistment contract or

fails to maintain his technical qualification for duty in

connection with supervision, operation, and maintenance of naval

nuclear propulsion plants.

(e) Provisions of this section shall be effective only in the

cases of members who, on or before June 30, 1975, execute the

required written agreement to remain in active service.

-SOURCE-

(Added Pub. L. 92-581, Sec. 1(3), Oct. 27, 1972, 86 Stat. 1277;

amended Pub. L. 97-295, Sec. 3(3), Oct. 12, 1982, 96 Stat. 1303;

Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105

Stat. 117.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

This amends 37:312a(c) to reflect the amendment made to 37:308 by

section 2 of the Armed Forces Enlisted Personnel Bonus Revision Act

of 1974 (Pub. L. 93-277, May 10, 1974, 88 Stat. 119).

AMENDMENTS

1991 - Subsecs. (c), (d). Pub. L. 102-25 struck out "of this

section" after "subsection (a)".

1982 - Subsec. (c). Pub. L. 97-295 substituted "section 308(a)"

for "section 308(c)" and struck out provision that a member

receiving payment under this section is not entitled to any further

payments under section 308(g) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 308 of this title.

-End-

-CITE-

37 USC Sec. 312b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 312b. Special pay: nuclear career accession bonus

-STATUTE-

(a)(1) Under regulations prescribed by the Secretary of the Navy,

an individual who is selected for officer naval nuclear power

training and who executes a written agreement to participate in a

program of training for duty in connection with the supervision,

operation, and maintenance of naval nuclear propulsion plants may

be paid a bonus not to exceed $20,000 upon acceptance by the

Secretary of the written agreement. Upon acceptance of the

agreement by the Secretary, the amounts payable upon selection for

training and upon completion of training, respectively, as

determined under subsection (b), shall become fixed.

(2) Under such regulations, and subject to such exceptions, as

the Secretary of the Navy may prescribe, an individual who has

entered into an agreement with the Secretary under this subsection,

who has been paid a bonus under this subsection, and who fails to

commence or satisfactorily complete the nuclear power training

specified in the agreement shall be required to refund such bonus.

(b) The Secretary of the Navy shall determine annually the total

amount of the bonus to be paid under this section and of that

amount the portions that are to be paid -

(1) upon selection for officer naval nuclear power training;

and

(2) upon successful completion, as a commissioned officer, of

training for duty in connection with the supervision, operation,

and maintenance of naval nuclear propulsion plants.

(c) The provisions of this section shall be effective only in the

case of officers who, on or before December 31, 2003, have been

accepted for training for duty in connection with the supervision,

operation, and maintenance of naval nuclear propulsion plants.

-SOURCE-

(Added Pub. L. 94-356, Sec. 3, July 12, 1976, 90 Stat. 901; amended

Pub. L. 96-579, Sec. 2(b), Dec. 23, 1980, 94 Stat. 3359; Pub. L.

97-60, title I, Sec. 119, Oct. 14, 1981, 95 Stat. 997; Pub. L.

99-145, title VI, Sec. 632(b), title XIII, Sec. 1303(b)(4), Nov. 8,

1985, 99 Stat. 644, 740; Pub. L. 101-189, div. A, title VI, Sec.

614(b), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 101-510, div. A,

title XIII, Sec. 1322(c)(7), Nov. 5, 1990, 104 Stat. 1672; Pub. L.

102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 103-337, div. A, title VI, Sec. 613(h), Oct. 5, 1994,

108 Stat. 2784; Pub. L. 104-106, div. A, title VI, Sec. 613(f),

Feb. 10, 1996, 110 Stat. 360; Pub. L. 104-201, div. A, title VI,

Sec. 613(e), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105-85, div.

A, title VI, Secs. 613(e), 624(b), Nov. 18, 1997, 111 Stat. 1786,

1793; Pub. L. 105-261, div. A, title VI, Sec. 613(e), Oct. 17,

1998, 112 Stat. 2039; Pub. L. 106-65, div. A, title VI, Secs.

613(f), 624(b), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106-398,

Sec. 1 [[div. A], title VI, Sec. 623(d)], Oct. 30, 2000, 114 Stat.

1654, 1654A-152; Pub. L. 107-107, div. A, title VI, Sec. 613(b),

Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107-314, div. A, title VI,

Sec. 613(b), Dec. 2, 2002, 116 Stat. 2568.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-314 substituted "December 31,

2003" for "December 31, 2002".

2001 - Subsec. (c). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (c). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a)(1). Pub. L. 106-65, Sec. 624(b), substituted

"$20,000" for "$10,000".

Subsec. (c). Pub. L. 106-65, Sec. 613(f), substituted "December

31, 2000" for "December 31, 1999".

1998 - Subsec. (c). Pub. L. 105-261 substituted "December 31,

1999" for "September 30, 1999".

1997 - Subsec. (a)(1). Pub. L. 105-85, Sec. 624(b), substituted

"$10,000" for "$8,000".

Subsec. (c). Pub. L. 105-85, Sec. 613(e), substituted "September

30, 1999" for "September 30, 1998".

1996 - Subsec. (c). Pub. L. 104-201 substituted "September 30,

1998" for "September 30, 1997".

Pub. L. 104-106 substituted "September 30, 1997" for "September

30, 1996".

1994 - Subsec. (c). Pub. L. 103-337 substituted "September 30,

1996" for "September 30, 1995".

1991 - Subsec. (a)(1). Pub. L. 102-25 struck out "of this

section" after "subsection (b)".

1990 - Subsecs. (c), (d). Pub. L. 101-510 redesignated subsec.

(d) as (c) and struck out former subsec. (c) which read as follows:

"The Secretary of the Navy shall submit to the Committees on Armed

Services of the Senate and House of Representatives an annual

report containing data to monitor the effectiveness of the bonus

authorized by subsections (a) and (b) of this section."

1989 - Subsec. (d). Pub. L. 101-189 substituted "September 30,

1995" for "September 30, 1990".

1985 - Subsec. (a)(1). Pub. L. 99-145, Sec. 632(b)(1),

substituted "not to exceed $8,000" for "of $3,000", and inserted

provision that upon acceptance of the agreement by the Secretary,

the amounts payable upon selection for training and upon completion

of training, respectively, as determined under subsection (b) of

this section, shall become fixed.

Subsec. (b). Pub. L. 99-145, Sec. 632(b)(2), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Under

regulations prescribed by the Secretary of the Navy, an officer of

the naval service who -

"(1) is entitled to basic pay;

"(2) has not completed five years of commissioned service; and

"(3) has, as a commissioned officer, received training for duty

in connection with the supervision, operation, and maintenance of

naval nuclear propulsion plants;

may, upon successful completion of that training, in addition to

all other compensation to which he is entitled, be paid a bonus in

an amount not to exceed $3,000."

Subsec. (c). Pub. L. 99-145, Sec. 1303(b)(4), substituted "submit

to the Committees on Armed Services of the Senate and House of

Representatives an annual report" for "make an annual report to the

House and Senate Armed Services Committees".

Subsec. (d). Pub. L. 99-145, Sec. 632(b)(3), substituted

"September 30, 1990" for "September 30, 1987".

1981 - Subsec. (a)(1). Pub. L. 97-60 substituted "naval nuclear

propulsion plants" for "naval nuclear submarine propulsion plants".

1980 - Subsec. (a). Pub. L. 96-579, Sec. 2(b)(1)(B), added

subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 96-579, Sec. 2(b)(1)(A), redesignated former

subsec. (a) as (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 96-579, Sec. 2(b)(1)(A), (2), redesignated

former subsec. (b) as (c) and inserted reference to the bonus

authorized by subsec. (b) of this section. Former subsec. (c)

redesignated (d).

Subsec. (d). Pub. L. 96-579, Sec. 2(b)(1)(A), (3), redesignated

former subsec. (c) as (d) and substituted "September 30, 1987" for

"September 30, 1981".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 624(b) of Pub. L. 106-65 effective Oct. 1,

1999, and applicable to agreements under this section or section

312 of this title entered into on or after that date, see section

624(d)(1) of Pub. L. 106-65, set out as a note under section 312 of

this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 624(b) of Pub. L. 105-85 effective Oct. 1,

1997, and applicable with respect to agreements accepted under

subsec. (a) of this section on or after Oct. 1, 1997, see section

624(d) of Pub. L. 105-85, set out as a note under section 312 of

this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section

632(d) of Pub. L. 99-145, set out as a note under section 312 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 2(d)(2) of Pub. L. 96-579 provided: "The amendments made

by subsection (b)(1) [amending this section] shall apply only with

respect to agreements executed under section 312b(a) of title 37,

United States Code, executed on or after the first day of the first

month following the month in which this section is enacted

[December 1980]."

EFFECTIVE DATE

Section effective Aug. 1, 1976, see section 5 of Pub. L. 94-356,

set out as an Effective Date of 1976 Amendment note under section

312 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 324 of this title.

-End-

-CITE-

37 USC Sec. 312c 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 312c. Special pay: nuclear career annual incentive bonus

-STATUTE-

(a)(1) Under regulations prescribed by the Secretary of the Navy,

an officer of the naval service who -

(A) is entitled to basic pay;

(B) is not above the pay grade O-6;

(C) has completed his initial obligated active service as an

officer;

(D) has, as a commissioned officer, successfully completed

training for duty in connection with the supervision, operation,

and maintenance of naval nuclear propulsion plants; and

(E) has the current technical qualifications for duty in

connection with the supervision, operation, and maintenance of

naval nuclear propulsion plants;

may, in addition to all other compensation to which he is entitled,

be paid an annual bonus in an amount not to exceed $22,000 for each

nuclear service year.

(2) In order to be eligible for an annual bonus for any nuclear

service year in accordance with this subsection, an otherwise

technically qualified officer must have been on active duty on the

last day of that nuclear service year.

(3) The amount of the annual bonus to which an officer would

otherwise be entitled for a nuclear service year in accordance with

this subsection shall be reduced on a pro rata basis for each day

of that nuclear service year on which he -

(A) was not on active duty;

(B) was not technically qualified for duty in connection with

the supervision, operation, and maintenance of naval nuclear

propulsion plants;

(C) was performing obligated service as the result of an

active-service agreement executed under section 312 of this

title; or

(D) was entitled to receive aviation career incentive pay in

accordance with section 301a while serving in a billet other than

a billet that required the officer -

(i) be technically qualified for duty in connection with the

supervision, operation, and maintenance of naval nuclear

propulsion plants; and

(ii) be qualified for the performance of operational flying

duties.

(b)(1) Under regulations prescribed by the Secretary of the Navy,

an officer of the naval service who -

(A) is entitled to basic pay;

(B) is not above the pay grade O-6;

(C) has, as an enlisted member, received training for duty in

connection with the supervision, operation, and maintenance of

naval nuclear propulsion plants; and

(D) has the current technical qualifications for duty in

connection with the supervision, operation, and maintenance of

naval nuclear propulsion plants;

may, in addition to all other compensation to which he is entitled,

be paid an annual bonus in an amount not to exceed $10,000 for each

nuclear service year.

(2) In order to be eligible for an annual bonus for any nuclear

service year in accordance with this subsection, an otherwise

technically qualified officer must have been on active duty on the

last day of that nuclear service year.

(3) The amount of the annual bonus to which an officer would

otherwise be entitled in accordance with this subsection shall be

reduced on a pro rata basis for each day of that nuclear service

year on which he -

(A) was not in an assignment involving the direct supervision,

operation, or maintenance of naval nuclear propulsion plants;

(B) was performing obligated service as the result of an

active-service agreement executed under section 312 of this

title; or

(C) was entitled to receive aviation career incentive pay in

accordance with section 301a while serving in a billet other than

a billet -

(i) involving the direct supervision, operation, or

maintenance of naval nuclear propulsion plants; and

(ii) that required the officer be qualified for the

performance of operational flying duties.

(c) Under regulations prescribed by the Secretary of the Navy, an

officer of the naval service who is not on active duty on the last

day of a nuclear service year or who, on or before the last day of

a nuclear service year, loses his technical qualifications or

advances from the pay grade of O-6 to a higher pay grade may be

paid a bonus in accordance with subsection (a) or (b) on a pro rata

basis, if otherwise qualified, unless termination of active duty or

loss of technical qualifications was voluntary or was the result of

his own misconduct.

(d) For the purposes of this section, a "nuclear service year" is

any fiscal year beginning before December 31, 2003.

-SOURCE-

(Added Pub. L. 94-356, Sec. 3, July 12, 1976, 90 Stat. 901; amended

Pub. L. 96-513, title V, Sec. 516(9), Dec. 12, 1980, 94 Stat. 2938;

Pub. L. 96-579, Sec. 2(c), Dec. 23, 1980, 94 Stat. 3359; Pub. L.

99-145, title VI, Sec. 632(c), Nov. 8, 1985, 99 Stat. 645; Pub. L.

101-189, div. A, title VI, Sec. 614(c), Nov. 29, 1989, 103 Stat.

1446; Pub. L. 101-510, div. A, title XIII, Sec. 1322(c)(8), Nov. 5,

1990, 104 Stat. 1672; Pub. L. 102-25, title VII, Sec. 702(b)(1),

(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103-337, div. A, title

VI, Sec. 613(i), Oct. 5, 1994, 108 Stat. 2784; Pub. L. 104-106,

div. A, title VI, Sec. 613(g), Feb. 10, 1996, 110 Stat. 360; Pub.

L. 104-201, div. A, title VI, Sec. 613(f), Sept. 23, 1996, 110

Stat. 2544; Pub. L. 105-85, div. A, title VI, Secs. 613(f), 624(c),

Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105-261, div. A, title

VI, Sec. 613(f), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65,

div. A, title VI, Secs. 613(g), 624(c), Oct. 5, 1999, 113 Stat.

650, 654; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

623(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-152; Pub. L. 107-107,

div. A, title VI, Sec. 613(c), Dec. 28, 2001, 115 Stat. 1136; Pub.

L. 107-314, div. A, title VI, Sec. 613(c), Dec. 2, 2002, 116 Stat.

2568.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314 substituted "December 31,

2003" for "December 31, 2002".

2001 - Subsec. (d). Pub. L. 107-107 substituted "December 31,

2002" for "December 31, 2001".

2000 - Subsec. (d). Pub. L. 106-398 substituted "December 31,

2001" for "December 31, 2000".

1999 - Subsec. (a)(1). Pub. L. 106-65, Sec. 624(c)(1),

substituted "$22,000" for "$12,000" in concluding provisions.

Subsec. (b)(1). Pub. L. 106-65, Sec. 624(c)(2), substituted

"$10,000" for "$5,500" in concluding provisions.

Subsec. (d). Pub. L. 106-65, Sec. 613(g), substituted "December

31, 2000." for "October 1, 1998, and the 15-month period beginning

on that date and ending on December 31, 1999."

1998 - Subsec. (d). Pub. L. 105-261 substituted "October 1, 1998,

and the 15-month period beginning on that date and ending on

December 31, 1999" for "October 1, 1999".

1997 - Subsec. (a)(1). Pub. L. 105-85, Sec. 624(c)(1),

substituted "$12,000" for "$10,000" in concluding provisions.

Subsec. (b)(1). Pub. L. 105-85, Sec. 624(c)(2), substituted

"$5,500" for "$4,500" in concluding provisions.

Subsec. (d). Pub. L. 105-85, Sec. 613(f), substituted "October 1,

1999" for "October 1, 1998".

1996 - Subsec. (d). Pub. L. 104-201 substituted "October 1, 1998"

for "October 1, 1997".

Pub. L. 104-106 substituted "October 1, 1997" for "October 1,

1996".

1994 - Subsec. (d). Pub. L. 103-337 substituted "October 1, 1996"

for "October 1, 1995".

1991 - Subsec. (c). Pub. L. 102-25 struck out "of this section"

after "subsection (a) or (b)".

1990 - Subsecs. (d), (e). Pub. L. 101-510 redesignated subsec.

(e) as (d) and struck out former subsec. (d) which read as follows:

"The Secretary of the Navy shall make an annual report to the

Committees on Armed Services of the Senate and House of

Representatives containing data to monitor the effectiveness of the

bonuses authorized by subsections (a) and (b) of this section."

1989 - Subsecs. (a)(1), (b)(1). Pub. L. 101-189, Sec. 614(c)(1),

struck out "ending before October 1, 1990" before period at end.

Subsec. (e). Pub. L. 101-189, Sec. 614(c)(2), substituted

"October 1, 1995" for "October 1, 1990".

1985 - Subsec. (a). Pub. L. 99-145, Sec. 632(c)(1), designated

first sentence as par. (1), redesignated cls. (1) to (5) as (A) to

(E), respectively, struck out ", but has completed less than

twenty-six years of commissioned service" after "officer" in cl.

(C), and substituted "$10,000" and "October 1, 1990" for "$6,000"

and "October 1, 1987", respectively; designated second sentence as

par. (2) and inserted "technically" before "qualified"; designated

third sentence as par. (3) and substituted cls. (A) to (D) for

provision that the annual bonus be reduced pro rata each day of a

nuclear service year that an officer was not on active duty; was

not qualified for duty in connection with the supervision,

operation, and maintenance of naval nuclear propulsion plants; was

performing obligated service as the result of an active-service

agreement executed under section 312 of this title; or was entitled

to receive aviation career incentive pay in accordance with section

301a of this title; and struck out fourth sentence relating to

conditions authorizing a further pro rata reduction in the amount

of the annual bonus in the case of an officer with more than ten,

but not more than eighteen, years of commissioned service, an

officer with more than eighteen, but not more than twenty-five,

years of commissioned service, and an officer with more than

twenty-five, but not more than twenty-six, years of commissioned

service.

Subsec. (b). Pub. L. 99-145, Sec. 632(c)(2), designated first

sentence as par. (1), redesignated cls. (1) to (4) as cls. (A) to

(D), respectively, and in provision following cl. (D) substituted

"$4,500" and "October 1, 1990" for "$3,500" and "October 1, 1987",

respectively; designated second sentence as par. (2) and inserted

"technically" before "qualified"; designated third sentence as par.

(3) and substituted cls. (A) to (D) for provision that the annual

bonus be reduced pro rata for each day of a nuclear service year

that an officer was not in an assignment involving the direct

supervision, operation, or maintenance of naval nuclear propulsion

plants; was performing obligated service as the result of an active

service agreement executed under section 312 of this title; or was

entitled to receive aviation career incentive pay in accordance

with section 301a of this title.

Subsec. (e). Pub. L. 99-145, Sec. 632(c)(3), substituted "October

1, 1990" for "October 1, 1987".

1980 - Subsec. (a). Pub. L. 96-579, Sec. 2(c)(1), substituted

"$6,000 for each nuclear service year ending before October 1,

1987" for "$4,000 for each nuclear service year beginning after

September 30, 1975, and ending before October 1, 1981".

Pub. L. 96-513, Sec. 516(9)(A), substituted "title. However" for

"title: Provided, That".

Subsec. (b). Pub. L. 96-579, Sec. 2(c)(2), substituted "$3,500

for each nuclear service year ending before October 1, 1987" for

"$2,400 for each nuclear service year beginning after September 30,

1975, and ending before October 1, 1981".

Subsec. (d). Pub. L. 96-513, Sec. 516(9)(B), substituted

"Committees on Armed Services of the Senate and House of

Representatives" for "House and Senate Armed Service Committees".

Subsec. (e). Pub. L. 96-579, Sec. 2(c)(3), substituted as

definition for "nuclear service year" any fiscal year beginning

before Oct. 1, 1987 for the one-year period from Oct. 1, 1975,

through Sept. 30, 1976, or any fiscal year beginning after Sept.

30, 1976, and before Oct. 1, 1981.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 624(d)(2), Oct. 5, 1999,

113 Stat. 654, provided that: "The amendments made by subsection

(c) [amending this section] shall take effect on October 1, 1999,

and shall apply with respect to nuclear service years beginning on

or after that date."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 624(c) of Pub. L. 105-85 effective Oct. 1,

1997, see section 624(d) of Pub. L. 105-85, set out as a note under

section 312 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section

632(d) of Pub. L. 99-145, set out as a note under section 312 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 2(d)(3) of Pub. L. 96-579 provided: "The amendments made

by subsection (c) [amending this section] shall become effective on

the first day of the first month following the month in which this

section is enacted [December 1980]."

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE

Section effective Oct. 1, 1975, see section 5 of Pub. L. 94-356,

set out as an Effective Date of 1976 Amendment note under section

312 of this title.

-End-

-CITE-

37 USC Sec. 313 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

[Sec. 313. Repealed. Pub. L. 96-513, title IV, Sec. 414(a), Dec.

12, 1980, 94 Stat. 2906]

-MISC1-

Section, added Pub. L. 93-274, Sec. 1(4), May 6, 1974, 88 Stat.

95; amended Pub. L. 94-273, Sec. 43, Apr. 21, 1976, 90 Stat. 381;

Pub. L. 96-107, title VIII, Sec. 804(b), Nov. 9, 1979, 93 Stat.

812; Pub. L. 96-284, Sec. 3(b)(1)-(5), June 28, 1980, 94 Stat. 590,

591, related to special pay for medical officers of the Public

Health Service who execute active duty agreements.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1981 Amendment note under

section 101 of Title 10, Armed Forces.

-End-

-CITE-

37 USC Sec. 314 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 314. Special pay or bonus: qualified enlisted members

extending duty at designated locations overseas

-STATUTE-

(a) Covered Members. - This section applies with respect to an

enlisted member of an armed force who -

(1) is entitled to basic pay;

(2) has a specialty that is designated by the Secretary

concerned for the purposes of this section;

(3) has completed a tour of duty (as defined in accordance with

regulations prescribed by the Secretary concerned) at a location

outside the continental United States that is designated by the

Secretary concerned for the purposes of this section; and

(4) at the end of that tour of duty executes an agreement to

extend that tour for a period of not less than one year.

(b) Special Pay or Bonus Authorized. - Upon the acceptance by the

Secretary concerned of the agreement providing for an extension of

the tour of duty of an enlisted member described in subsection (a),

the member is entitled, at the election of the Secretary concerned,

to either -

(1) special pay in monthly installments in an amount prescribed

by the Secretary, but not to exceed $80 per month; or

(2) an annual bonus in an amount prescribed by the Secretary,

but not to exceed $2,000 per year.

(c) Selection and Payment of Special Pay or Bonus. - Not later

than the date on which the Secretary concerned accepts an agreement

described in subsection (a)(4) providing for the extension of a

member's tour of duty, the Secretary concerned shall notify the

member regarding whether the member will receive special pay or a

bonus under this section. The payment rate for the special pay or

bonus shall be fixed at the time of the agreement and may not be

changed during the period of the extended tour of duty. The

Secretary concerned may pay a bonus under this section either in a

lump sum or installments.

(d) Repayment of Bonus. - (1) A member who, having entered into a

written agreement to extend a tour of duty for a period under

subsection (a), receives a bonus payment under subsection (b)(2)

for a 12-month period covered by the agreement and ceases during

that 12-month period to perform the agreed tour of duty shall

refund to the United States the unearned portion of the bonus. The

unearned portion of the bonus is the amount by which the amount of

the bonus paid to the member exceeds the amount determined by

multiplying the amount of the bonus paid by the percent determined

by dividing 12 into the number of full months during which the

member performed the duty in the 12-month period.

(2) The Secretary concerned may waive the obligation of a member

to reimburse the United States under paragraph (1) if the Secretary

determines that conditions and circumstances warrant the waiver.

(3) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(4) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of the agreement does not

discharge the member signing the agreement from a debt arising

under the agreement or under paragraph (1). This paragraph applies

to any case commenced under title 11 on or after the date of the

enactment of the National Defense Authorization Act for Fiscal Year

1998.

(e) Effect of Rest and Recuperative Absence. - A member who

elects to receive one of the benefits specified in section 705(b)

of title 10 as part of the extension of a tour of duty is not

entitled to the special pay authorized by subsection (b)(1) for the

period of the extension of duty for which the benefit under such

section is provided.

-SOURCE-

(Added Pub. L. 96-579, Sec. 5(a)(1), Dec. 23, 1980, 94 Stat. 3366;

amended Pub. L. 99-145, title VI, Sec. 641(a), Nov. 8, 1985, 99

Stat. 652; Pub. L. 105-85, div. A, title VI, Sec. 625(a)(1), Nov.

18, 1997, 111 Stat. 1794; Pub. L. 107-314, div. A, title VI, Sec.

654(b)(1), Dec. 2, 2002, 116 Stat. 2582.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the National Defense Authorization

Act for Fiscal Year 1998, referred to in subsec. (d)(4), is the

date of enactment of Pub. L. 105-85, which was approved Nov. 18,

1997.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-314 substituted "the

continental United States" for "the 48 contiguous States and the

District of Columbia".

1997 - Pub. L. 105-85 amended section catchline and text

generally. Prior to amendment, section consisted of subsecs. (a)

and (b) relating to special pay for qualified enlisted members

extending duty at designated locations overseas.

1985 - Subsec. (a). Pub. L. 99-145 substituted "$80" for "$50" in

provision following par. (4).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 625(b) of Pub. L. 105-85 provided that: "Section 314 of

title 37, United States Code, as amended by subsection (a), shall

apply with respect to an agreement to extend a tour of duty as

provided in such section executed on or after October 1, 1997."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 641(b) of Pub. L. 99-145 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1985."

EFFECTIVE DATE

Section 5(c)(1) of Pub. L. 96-579 provided: "Section 314 of title

37, United States Code, as added by subsection (a), shall take

effect on the first day of the first month following the month in

which this section is enacted [Dec. 1980] and shall apply to

periods of extended duty overseas beginning before, on, or after

such date, but no payment may be made under such section for any

month before the first day of the first month following the month

in which this section is enacted."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 411g of this title; title

10 section 705.

-End-

-CITE-

37 USC Sec. 315 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 315. Special pay: engineering and scientific career

continuation pay

-STATUTE-

(a) In this section, the term "engineering or scientific duty"

means service performed by an officer -

(1) that requires an engineering or science degree; and

(2) that requires a skill designated (under regulations

prescribed by the Secretary of Defense for the armed forces, by

the Secretary of Commerce for the National Oceanic and

Atmospheric Administration, or by the Secretary of Health and

Human Services for the Public Health Service) as critical and as

a skill in which there is a critical shortage of officers in the

uniformed service concerned.

(b) Under regulations prescribed by the Secretary concerned, an

officer of a (!1) uniformed service who -

(1) is entitled to basic pay;

(2) is below the pay grade of O-7;

(3) holds a degree in engineering or science from an accredited

college or university;

(4) has been certified by the Secretary concerned as having the

technical qualifications for detail to engineering or scientific

duty;

(5) has completed at least three but less than nineteen years

of engineering or scientific duty as an officer; and

(6) executes a written agreement to remain on active duty for

detail to engineering or scientific duty for at least one year,

but not more than four years;

may, upon acceptance of the written agreement by the Secretary

concerned, be paid, in addition to all other compensation to which

the officer is entitled, an amount not to exceed $3,000 multiplied

by the number of years, or monthly fraction thereof, of obligated

service to which the officer agrees under the agreement. The total

amount payable may be paid in a lump sum or in equal periodic

installments, as determined by the Secretary concerned.

(c)(1) An officer who does not serve on active duty for the

entire period for which he has been paid under subsection (b) shall

refund that percentage of the payment that the unserved part of the

period is of the total period for which the payment was made.

Nothing in this subsection shall alter or modify the obligation of

a regular officer to perform active service at the pleasure of the

President. Completion by a regular officer of the total period of

obligated service specified in an agreement under subsection (b)

does not obligate the President to accept a resignation submitted

by that officer.

(2) Subject to paragraph (3), and obligation to reimburse the

United States imposed under paragraph (1) is for all purposes a

debt owed to the United States.

(3) The Secretary concerned may waive, in whole or in part, a

refund required under paragraph (1) if the Secretary concerned

determines that recovery would be against equity and good

conscience or would be contrary to the best interests of the United

States.

(4) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement under this

section does not discharge the member signing such agreement from a

debt arising under such agreement or under paragraph (1). This

paragraph applies to any case commenced under title 11 after

September 30, 1981.

-SOURCE-

(Added Pub. L. 97-60, title I, Sec. 120(a), Oct. 14, 1981, 95 Stat.

998; amended Pub. L. 99-145, title VI, Sec. 637(a), Nov. 8, 1985,

99 Stat. 648; Pub. L. 100-26, Sec. 8(e)(6), Apr. 21, 1987, 101

Stat. 286; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c),

Apr. 6, 1991, 105 Stat. 117.)

-MISC1-

AMENDMENTS

1991 - Subsec. (c). Pub. L. 102-25 struck out "of this section"

after "subsection (b)" in two places in par. (1) and struck out "of

this subsection" after "paragraph (1)" in pars. (2) to (4) and

after "paragraph (3)" in par. (2).

1987 - Subsec. (a). Pub. L. 100-26 inserted "the term" after "In

this section,".

1985 - Subsec. (a). Pub. L. 99-145, Sec. 637(a)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "In this section, the term 'engineering or scientific

duty' means service performed by an officer that requires an

engineering or science degree and that requires a skill designated

under regulations prescribed by the Secretary of Defense as

critical and as a skill in which there is a critical shortage of

officers in the armed force concerned."

Subsec. (b). Pub. L. 99-145, Sec. 637(a)(2), in provision

preceding par. (1), substituted "prescribed by the Secretary

concerned" for "prescribed by the Secretary of Defense" and

"officer of a uniformed service" for "officer of an armed force".

EFFECTIVE DATE OF 1985 AMENDMENT

Section 637(b) of Pub. L. 99-145 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1985."

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

37 USC Sec. 316 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 316. Special pay: foreign language proficiency pay

-STATUTE-

(a) A member of the uniformed services -

(1) who is entitled to basic pay under section 204 of this

title;

(2) who has been certified by the Secretary concerned within

the past 12 months to be proficient in a foreign language

identified by the Secretary concerned as being a language in

which it is necessary to have personnel proficient because of

national defense or public health considerations; and

(3) who -

(A) is qualified in a uniformed services specialty requiring

such proficiency;

(B) received training, under regulations prescribed by the

Secretary concerned, designed to develop such proficiency;

(C) is assigned to duties requiring such a proficiency; or

(D) is proficient in a foreign language for which the

uniformed service may have a critical need (as determined by

the Secretary concerned),

may be paid special pay under this section in addition to any other

pay or allowance to which the member is entitled.

(b) The monthly rate for special pay under subsection (a) shall

be determined by the Secretary concerned and may not exceed $300.

(c)(1) Under regulations prescribed by the Secretary concerned,

when a member of a reserve component who is entitled to

compensation under section 206 of this title meets the requirements

for special pay authorized in subsection (a), except the

requirement prescribed in subsection (a)(1), the member may be paid

an increase in compensation equal to one-thirtieth of the monthly

special pay authorized under subsection (b) for a member who is

entitled to basic pay under section 204 of this title.

(2) A member eligible for increased compensation under paragraph

(1) shall be paid such increase -

(A) for each regular period of instruction, or period of

appropriate duty, in which he is engaged for at least two hours,

including instruction received or duty performed on a Sunday or

holiday; and

(B) for each period of performance of such other equivalent

training, instruction, duty, or appropriate duties, as the

Secretary concerned may prescribe.

(3) This subsection does not apply to a member who is entitled to

basic pay under section 204 of this title.

(d) This section shall be administered under regulations

prescribed by the Secretary of Defense for the armed forces under

the jurisdiction of the Secretary, by the Secretary of Homeland

Security for the Coast Guard when the Coast Guard is not operating

as a service in the Navy, by the Secretary of Health and Human

Services for the Commissioned Corps of the Public Health Service,

and by the Secretary of Commerce for the National Oceanic and

Atmospheric Administration.

-SOURCE-

(Added Pub. L. 99-661, div. A, title VI, Sec. 634(a)(1), Nov. 14,

1986, 100 Stat. 3884; amended Pub. L. 104-201, div. A, title VI,

Sec. 616(a), (b), Sept. 23, 1996, 110 Stat. 2547; Pub. L. 106-65,

div. A, title VI, Sec. 625(a), Oct. 5, 1999, 113 Stat. 654; Pub. L.

107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1999 - Subsec. (b). Pub. L. 106-65 substituted "$300" for "$100".

1996 - Subsec. (a). Pub. L. 104-201, Sec. 616(a)(1), substituted

"uniformed services" for "armed forces" in introductory provisions.

Subsec. (a)(2). Pub. L. 104-201, Sec. 616(a)(2), substituted

"Secretary concerned as being" for "Secretary of Defense as being"

and inserted "or public health" after "national defense".

Subsec. (a)(3)(A). Pub. L. 104-201, Sec. 616(a)(3)(A),

substituted "uniformed services" for "military".

Subsec. (a)(3)(C). Pub. L. 104-201, Sec. 616(a)(3)(B), struck out

"military" before "duties requiring".

Subsec. (a)(3)(D). Pub. L. 104-201, Sec. 616(a)(3)(C),

substituted "uniformed service" for "Department of Defense" and

"Secretary concerned" for "Secretary of Defense".

Subsec. (d). Pub. L. 104-201, Sec. 616(b), substituted "the

jurisdiction of the Secretary," for "his jurisdiction and" and

inserted before period at end ", by the Secretary of Health and

Human Services for the Commissioned Corps of the Public Health

Service, and by the Secretary of Commerce for the National Oceanic

and Atmospheric Administration".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 625(b), Oct. 5, 1999, 113

Stat. 654, provided that: "The amendment made by subsection (a)

[amending this section] shall take effect on October 1, 1999, and

shall apply with respect to foreign language proficiency pay paid

under section 316 of such title for months beginning on or after

that date."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 616(c) of Pub. L. 104-201 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 1996, and apply with respect to months beginning on or

after such date."

EFFECTIVE DATE

Section 634(b) of Pub. L. 99-661 provided that: "Section 316 of

title 37, United States Code, as added by subsection (a), shall

take effect on the date of the enactment of this Act [Nov. 14,

1986], and shall apply with respect to pay periods beginning on or

after that date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 316a of this title.

-End-

-CITE-

37 USC Sec. 316a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 316a. Waiver of certification requirement

-STATUTE-

(a) Certification Interrupted by Contingency Operation. - (1) A

member of the armed forces described in subsection (b) shall be

paid special pay under section 316 of this title for the active

duty performed by that member during the period described in

paragraph (2) if -

(A) the member was assigned to duty in connection with a

contingency operation;

(B) the Secretary concerned (under regulations prescribed by

the Secretary of Defense) determines that the member was unable

to schedule or complete the certification required for

eligibility for the special pay under that section because of

that duty;

(C) except for not meeting the certification requirement in

that section, the member was otherwise eligible for that special

pay for that active duty; and

(D) the member completes the certification requirement

specified in that section before the end of the period

established for the member in subsection (c).

(2) The period for which a member may be paid special pay for

active duty pursuant to paragraph (1) is the period beginning on

the date on which the member was assigned to the duty referred to

in subparagraph (A) of that paragraph and ending on the date of the

member's certification referred to in subparagraph (D) of that

paragraph.

(b) Eligible Member Described. - A member of the armed forces

referred to in subsection (a) is a member who meets the requirement

referred to in section 316(a)(3) of this title.

(c) Period for Certification. - The period referred to in

subparagraph (D) of subsection (a)(1) with respect to a member of

the armed forces is the 180-day period beginning on the date on

which the member was released from the duty referred to in that

subsection. The Secretary concerned may extend that period for a

member in accordance with regulations prescribed by the Secretary

of Defense.

-SOURCE-

(Added Pub. L. 102-190, div. A, title VI, Sec. 636(a), Dec. 5,

1991, 105 Stat. 1382.)

-MISC1-

OPERATION DESERT STORM DUTY ASSIGNMENT

Pub. L. 102-25, title III, Sec. 306, Apr. 6, 1991, 105 Stat. 82,

provided that:

"(a) Certification Interrupted by Operation Desert Storm. - A

member of the Armed Forces described in subsection (b) who obtains

a certification of foreign language proficiency before the end of

the period established for the member in subsection (c) shall be

paid foreign language proficiency pay under section 316 of title

37, United States Code, for active duty performed after August 2,

1990, and before the date of that certification if the Secretary of

Defense determines that the member was unable to schedule or

complete that certification earlier because of a duty assignment in

connection with Operation Desert Storm.

"(b) Eligible Members Described. - A member of the Armed Forces

referred to in subsection (a) is a member on active duty who,

except for subsection (a)(2) of that section, was otherwise

eligible for special pay under that section during the duty

assignment in connection with Operation Desert Storm.

"(c) Period for Certification. - The period referred to in

subsection (a) for completion of certification of foreign language

proficiency with respect to a member of the Armed Forces is the

180-day period (extended for such additional time as the Secretary

of Defense determines to be appropriate) beginning on the date that

the member is released from the duty to which the member was

assigned in connection with Operation Desert Storm."

-End-

-CITE-

37 USC Sec. 317 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 317. Special pay: officers in critical acquisition positions

extending period of active duty

-STATUTE-

(a) Bonus Authorized. - An officer described in subsection (b)

who executes a written agreement to remain on active duty in a

critical acquisition position 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.

(b) Covered Officers. - An officer referred to in subsection (a)

is an officer of the Army, Navy, Air Force, or Marine Corps who -

(1) is a member of an Acquisition Corps selected to serve in,

or serving in, a critical acquisition position designated under

section 1733 of title 10; and

(2) is eligible to retire, or is assigned to such position for

a period that will extend beyond the date on which the officer

will be eligible to retire, under any provision of law.

(c) Amount of Bonus. - The amount of a bonus paid under this

section for each year a member agrees to remain on active duty may

not be more than 15 percent of the annual rate of basic pay paid to

the member at the time the member executes a written agreement

under this section.

(d) Payment of Bonus. - 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.

(e) Additional Pay. - A bonus paid under this section is in

addition to other pay and allowances to which an officer is

entitled.

(f) Repayment of Bonus. - (1) If an officer who has entered into

a written agreement under subsection (a) and who has received all

or part of a bonus under this section fails to complete the total

period of active duty specified in the agreement, the Secretary

concerned may require the officer to repay the United States, on a

pro rata basis and to the extent that the Secretary determines

conditions and circumstances warrant, all sums paid under this

section.

(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than 5 years after the termination of a written agreement entered

into under subsection (a) does not discharge the officer signing

the agreement from a debt arising under such agreement or under

paragraph (1). This paragraph applies to any case commenced under

title 11 after January 1, 1991.

(g) Period of Commitment. - The period of active duty agreed upon

by an officer in a written agreement under this section is in

addition to any other service commitment of the officer, except

that any period of active duty agreed upon in a written agreement

under subsection (a)(2) or (b)(2) of section 1734 of title 10 by

the officer may be counted concurrently with the commitment under

this section.

(h) Regulations. - 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.

-SOURCE-

(Added Pub. L. 101-510, div. A, title XII, Sec. 1203(a)(1), Nov. 5,

1990, 104 Stat. 1656.)

-MISC1-

EFFECTIVE DATE

Section 1203(b) of Pub. L. 101-510 provided that: "Section 317 of

title 37, United States Code, as added by subsection (a), shall

take effect as of October 1, 1991."

-End-

-CITE-

37 USC Sec. 318 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 318. Special pay: special warfare officers extending period of

active duty

-STATUTE-

(a) Special Warfare Officer Defined. - In this section, the term

"special warfare officer" means an officer of a uniformed service

who -

(1) is qualified for a military occupational specialty or

designator identified by the Secretary concerned as a special

warfare military occupational specialty or designator; and

(2) is serving in a position for which that specialty or

designator is authorized.

(b) Retention Bonus Authorized. - A special warfare officer who

meets the eligibility requirements specified in subsection (c) and

who executes a written agreement to remain on active duty in

special warfare 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.

(c) Eligibility Requirements. - A special warfare officer may

apply to enter into an agreement referred to in subsection (b) if

the officer -

(1) is in pay grade O-3, or is in pay grade O-4 and is not on a

list of officers recommended for promotion, at the time the

officer applies to enter into the agreement;

(2) has completed at least 6, but not more than 14, years of

active commissioned service; and

(3) has completed any service commitment incurred to be

commissioned as an officer.

(d) Amount of Bonus. - The amount of a retention bonus paid under

this section may not be more than $15,000 for each year covered by

the agreement.

(e) Proration. - The term of an agreement under subsection (b)

and the amount of the retention bonus payable under subsection (d)

may be prorated as long as the agreement does not extend beyond the

date on which the officer executing the agreement would complete 14

years of active commissioned service.

(f) Payment Methods. - (1) Upon acceptance of an agreement under

subsection (b) by the Secretary concerned, the total amount payable

pursuant to the agreement becomes fixed.

(2) The amount of the retention bonus may be paid as follows:

(A) At the time the agreement is accepted by the Secretary

concerned, the Secretary may make a lump sum payment equal to

half the total amount payable under the agreement. The balance of

the bonus amount shall be paid in equal annual installments on

the anniversary of the acceptance of the agreement.

(B) The Secretary concerned may make graduated annual payments

under regulations prescribed by the Secretary, with the first

payment being payable at the time the agreement is accepted by

the Secretary and subsequent payments being payable on the

anniversary of the acceptance of the agreement.

(g) Additional Pay. - A retention bonus paid under this section

is in addition to any other pay and allowances to which an officer

is entitled.

(h) Repayment. - (1) If an officer who has entered into an

agreement under subsection (b) and has received all or part of a

retention bonus under this section fails to complete the total

period of active duty in special warfare service as specified in

the agreement, the Secretary concerned may require the officer to

repay the United States, on a pro rata basis and to the extent that

the Secretary determines conditions and circumstances warrant, all

sums paid the officer under this section.

(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement entered into

under subsection (b) does not discharge the officer signing the

agreement from a debt arising under such agreement or under

paragraph (1).

(i) Regulations. - The Secretaries concerned shall prescribe

regulations to carry out this section, including the definition of

the term "special warfare service" for purposes of this section.

Regulations prescribed by the Secretary of a military department

under this section shall be subject to the approval of the

Secretary of Defense.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 626(a)(1), Oct. 5,

1999, 113 Stat. 655; amended Pub. L. 107-107, div. A, title X, Sec.

1048(i)(7), Dec. 28, 2001, 115 Stat. 1229.)

-MISC1-

AMENDMENTS

2001 - Subsec. (h)(3). Pub. L. 107-107 substituted "subsection

(b)" for "subsection (a)".

EFFECTIVE DATE

Pub. L. 106-65, div. A, title VI, Sec. 626(b), Oct. 5, 1999, 113

Stat. 656, provided that: "The amendments made by subsection (a)

[enacting this section] shall take effect on October 1, 1999."

-End-

-CITE-

37 USC Sec. 319 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 319. Special pay: surface warfare officer continuation pay

-STATUTE-

(a) Eligible Surface Warfare Officer Defined. - In this section,

the term "eligible surface warfare officer" means an officer of the

Regular Navy or Naval Reserve on active duty who -

(1) is qualified and serving as a surface warfare officer;

(2) has been selected for assignment as a department head on a

surface vessel; and

(3) has completed any service commitment incurred through the

officer's original commissioning program or is within one year of

completing such commitment.

(b) Special Pay Authorized. - An eligible surface warfare officer

who executes a written agreement to remain on active duty to

complete one or more tours of duty to which the officer may be

ordered as a department head on a surface vessel may, upon the

acceptance of the agreement by the Secretary of the Navy, be paid

an amount not to exceed $50,000.

(c) Proration. - The term of the written agreement under

subsection (b) and the amount payable under the agreement may be

prorated.

(d) Payment Methods. - Upon acceptance of the written agreement

under subsection (b) by the Secretary of the Navy, the total amount

payable pursuant to the agreement becomes fixed. The Secretary

shall prepare an implementation plan specifying the amount of each

installment payment under the agreement and the times for payment

of the installments.

(e) Additional Pay. - Any amount paid under this section is in

addition to any other pay and allowances to which an officer is

entitled.

(f) Repayment. - (1) If an officer who has entered into a written

agreement under subsection (b) and has received all or part of the

amount payable under the agreement fails to complete the total

period of active duty as a department head on a surface vessel

specified in the agreement, the Secretary of the Navy may require

the officer to repay the United States, to the extent that the

Secretary of the Navy determines conditions and circumstances

warrant, any or all sums paid under this section.

(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement entered into

under subsection (b) does not discharge the officer signing the

agreement from a debt arising under such agreement or under

paragraph (1).

(g) Regulations. - The Secretary of the Navy shall prescribe

regulations to carry out this section.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 627(a)(1), Oct. 5,

1999, 113 Stat. 656; amended Pub. L. 107-107, div. A, title VI,

Sec. 616(b), Dec. 28, 2001, 115 Stat. 1137.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(3). Pub. L. 107-107 inserted "or is within one

year of completing such commitment" before period at end.

EFFECTIVE DATE

Pub. L. 106-65, div. A, title VI, Sec. 627(b), Oct. 5, 1999, 113

Stat. 657, provided that: "The amendments made by subsection (a)

[enacting this section] shall take effect on October 1, 1999."

-End-

-CITE-

37 USC Sec. 320 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 320. Incentive pay: career enlisted flyers

-STATUTE-

(a) Eligible Career Enlisted Flyer Defined. - In this section,

the term "eligible career enlisted flyer" means an enlisted member

of the armed forces who -

(1) is entitled to basic pay under section 204 of this title,

or is entitled to pay under section 206 of this title as

described in subsection (e) of this section;

(2) holds an enlisted military occupational specialty or

enlisted military rating designated as a career enlisted flyer

specialty or rating by the Secretary concerned, performs duty as

a dropsonde system operator, or is in training leading to

qualification and designation of such a specialty or rating or

the performance of such duty;

(3) is qualified for aviation service under regulations

prescribed by the Secretary concerned; and

(4) satisfies the operational flying duty requirements

applicable under subsection (c).

(b) Incentive Pay Authorized. - (1) The Secretary concerned may

pay monthly incentive pay to an eligible career enlisted flyer in

an amount not to exceed the monthly maximum amounts specified in

subsection (d). The incentive pay may be paid as continuous monthly

incentive pay or on a month-to-month basis, dependent upon the

operational flying duty performed by the eligible career enlisted

flyer as prescribed in subsection (c).

(2) Continuous monthly incentive pay may not be paid to an

eligible career enlisted flyer after the member completes 25 years

of aviation service. Thereafter, an eligible career enlisted flyer

may still receive incentive pay on a month-to-month basis under

subsection (c)(4) for the frequent and regular performance of

operational flying duty.

(c) Operational Flying Duty Requirements. - (1) An eligible

career enlisted flyer must perform operational flying duties for 6

of the first 10, 9 of the first 15, and 14 of the first 20 years of

aviation service, to be eligible for continuous monthly incentive

pay under this section.

(2) Upon completion of 10, 15, or 20 years of aviation service,

an enlisted member who has not performed the minimum required

operational flying duties specified in paragraph (1) during the

prescribed period, although otherwise meeting the definition in

subsection (a), may no longer be paid continuous monthly incentive

pay except as provided in paragraph (3). Payment of continuous

monthly incentive pay may be resumed if the member meets the

minimum operational flying duty requirement upon completion of the

next established period of aviation service.

(3) For the needs of the service, the Secretary concerned may

permit, on a case-by-case basis, a member to continue to receive

continuous monthly incentive pay despite the member's failure to

perform the operational flying duty required during the first 10,

15, or 20 years of aviation service, but only if the member

otherwise meets the definition in subsection (a) and has performed

at least 5 years of operational flying duties during the first 10

years of aviation service, 8 years of operational flying duties

during the first 15 years of aviation service, or 12 years of

operational flying duty during the first 20 years of aviation

service. The authority of the Secretary concerned under this

paragraph may not be delegated below the level of the Service

Personnel Chief.

(4) If the eligibility of an eligible career enlisted flyer to

continuous monthly incentive pay ceases under subsection (b)(2) or

paragraph (2), the member may still receive month-to-month

incentive pay for subsequent frequent and regular performance of

operational flying duty. The rate payable is the same rate

authorized by the Secretary concerned under subsection (d) for a

member of corresponding years of aviation service.

(d) Monthly Maximum Rates. - The monthly rate of any career

enlisted flyer incentive pay paid under this section to a member on

active duty shall be prescribed by the Secretary concerned, but may

not exceed the following:

Years of aviation service nthly rate

--------------------------------------------------------------------

4 or less $150

Over 4 $225

Over 8 $350

Over 14 $400.

--------------------------------------------------------------------

(e) Eligibility of Reserve Component Members When Performing

Inactive Duty Training. - Under regulations prescribed by the

Secretary concerned, when a member of a reserve component or the

National Guard, who is entitled to compensation under section 206

of this title, meets the definition of eligible career enlisted

flyer, the Secretary concerned may increase the member's

compensation by an amount equal to 1/30 of the monthly incentive

pay authorized by the Secretary concerned under subsection (d) for

a member of corresponding years of aviation service who is entitled

to basic pay under section 204 of this title. The reserve component

member may receive the increase for as long as the member is

qualified for it, for each regular period of instruction or period

of appropriate duty, at which the member is engaged for at least

two hours, or for the performance of such other equivalent

training, instruction, duty or appropriate duties, as the Secretary

may prescribe under section 206(a) of this title.

(f) Relation to Hazardous Duty Incentive Pay or Diving Duty

Special Pay. - A member receiving incentive pay under section

301(a) of this title or special pay under section 304 of this title

may not be paid special pay under this section for the same period

of service.

(g) Save Pay Provision. - If, immediately before a member

receives incentive pay under this section, the member was entitled

to incentive pay under section 301(a) of this title, the rate at

which the member is paid incentive pay under this section shall be

equal to the higher of the monthly amount applicable under

subsection (d) or the rate of incentive pay the member was

receiving under subsection (b) or (c)(2)(A) of section 301 of this

title.

(h) Specialty Code of Dropsonde System Operators. - Within the

Air Force, the Secretary of the Air Force shall assign to members

who are dropsonde system operators a specialty code that identifies

such members as serving in a weather specialty.

(i) Definitions. - In this section:

(1) The term "aviation service" means participation in aerial

flight performed, under regulations prescribed by the Secretary

concerned, by an eligible career enlisted flyer.

(2) The term "operational flying duty" means flying performed

under competent orders while serving in assignments, including an

assignment as a dropsonde system operator, in which basic flying

skills normally are maintained in the performance of assigned

duties as determined by the Secretary concerned, and flying duty

performed by members in training that leads to the award of an

enlisted aviation rating or military occupational specialty

designated as a career enlisted flyer rating or specialty by the

Secretary concerned.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 628(a)(1), Oct. 5,

1999, 113 Stat. 657.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-65, div. A, title VI, Sec. 628(b), Oct. 5, 1999, 113

Stat. 659, provided that: "The amendments made by subsection (a)

[enacting this section] shall take effect on October 1, 1999."

-End-

-CITE-

37 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 321. Special pay: judge advocate continuation pay

-STATUTE-

(a) Eligible Judge Advocate Defined. - In this section, the term

"eligible judge advocate" means an officer of the armed forces on

full-time active duty who -

(1) is qualified and serving as a judge advocate, as defined in

section 801 of title 10; and

(2) has completed -

(A) the active duty service obligation incurred through the

officer's original commissioning program; or

(B) in the case of an officer detailed under section 2004 of

title 10 or section 470 of title 14, the active duty service

obligation incurred as part of that detail.

(b) Special Pay Authorized. - An eligible judge advocate who

executes a written agreement to remain on active duty for a period

of obligated service specified in the agreement may, upon the

acceptance of the agreement by the Secretary concerned, be paid

continuation pay under this section. The total amount paid to an

officer under one or more agreements under this section may not

exceed $60,000.

(c) Proration. - The term of an agreement under subsection (b)

and the amount payable under the agreement may be prorated.

(d) Payment Methods. - Upon acceptance of an agreement under

subsection (b) by the Secretary concerned, the total amount payable

pursuant to the agreement becomes fixed. The Secretary shall

prepare an implementation plan specifying the amount of each

installment payment under the agreement and the times for payment

of the installments.

(e) Additional Pay. - Any amount paid to an officer under this

section is in addition to any other pay and allowances to which the

officer is entitled.

(f) Repayment. - (1) If an officer who has entered into a written

agreement under subsection (b) and has received all or part of the

amount payable under the agreement fails to complete the total

period of active duty specified in the agreement, the Secretary

concerned may require the officer to repay the United States, to

the extent that the Secretary determines conditions and

circumstances warrant, any or all sums paid under this section.

(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement entered into

under subsection (b) does not discharge the officer signing the

agreement from a debt arising under such agreement or under

paragraph (1).

(g) Regulations. - The Secretary concerned shall prescribe

regulations to carry out this section.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 629(a)(1), Oct. 5,

1999, 113 Stat. 659.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-65, div. A, title VI, Sec. 629(c), Oct. 5, 1999, 113

Stat. 661, provided that: "The amendments made by subsection (a)

[enacting this section] shall take effect on October 1, 1999."

-End-

-CITE-

37 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 322. Special pay: 15-year career status bonus for members

entering service on or after August 1, 1986

-STATUTE-

(a) Availability of Bonus. - The Secretary concerned shall pay a

bonus under this section to an eligible career bonus member if the

member -

(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) Eligible Career Bonus Member Defined. - In this section, the

term "eligible career bonus member" means a member of a uniformed

service serving on active duty who -

(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) Election Method. - An election under subsection (a)(1) shall

be made in such form and within such period as the Secretary

concerned may prescribe. An election under that subsection is

irrevocable.

(d) Amount of Bonus; Payment. - (1) A bonus under this section

shall be equal to $30,000.

(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) Notification of Eligibility. - (1) The Secretary concerned

shall transmit to each member who meets the definition of eligible

career bonus member a written notification of the opportunity of

the member to elect to receive a bonus under this section. The

Secretary shall provide the notification not later than 180 days

before the date on which the member will complete 15 years of

active duty.

(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) Repayment of Bonus. - (1) If a person paid a bonus under this

section fails to complete a period of active duty beginning on the

date on which the election of the person under subsection (a)(1) is

received and ending on the date on which the person completes 20

years of active-duty service as described in subsection (a)(2), the

person shall refund to the United States the amount that bears the

same ratio to the amount of the bonus payment as the uncompleted

part of that period of active-duty service bears to the total

period of such service.

(2) Subject to paragraph (3), an obligation to reimburse the

United States imposed under paragraph (1) is for all purposes a

debt owed to the United States.

(3) The Secretary concerned may waive, in whole or in part, a

refund required under paragraph (1) if the Secretary concerned

determines that recovery would be against equity and good

conscience or would be contrary to the best interests of the United

States.

(4) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an agreement under this

section does not discharge the member signing such agreement from a

debt arising under the agreement or this subsection.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VI, Sec. 642(a), Oct. 5, 1999,

113 Stat. 662; amended Pub. L. 107-107, div. A, title VI, Sec.

620(a), Dec. 28, 2001, 115 Stat. 1138.)

-MISC1-

AMENDMENTS

2001 - Subsec. (d)(1). Pub. L. 107-107, Sec. 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, Sec. 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".

EFFECTIVE DATE

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.

APPLICATION TO EXISTING AGREEMENTS

Pub. L. 107-107, div. A, title VI, Sec. 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 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 1401a, 1409,

1410.

-End-

-CITE-

37 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 323. Special pay: retention incentives for members qualified

in a critical military skill

-STATUTE-

(a) Retention Bonus Authorized. - An officer or enlisted member

of the armed forces who is serving on active duty and is qualified

in a designated critical military skill may be paid a retention

bonus as provided in this section if -

(1) in the case of an officer, the member executes a written

agreement to remain on active duty for at least 1 year; or

(2) in the case of an enlisted member, the member reenlists or

voluntarily extends the member's enlistment for a period of at

least 1 year.

(b) Designation of Critical Skills. - (1) A designated critical

military skill referred to in subsection (a) is a military skill

designated as critical by the Secretary of Defense, or by the

Secretary of Homeland Security with respect to the Coast Guard when

it is not operating as a service in the Navy.

(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, 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.

(c) Payment Methods. - A bonus under this section may be paid in

a single lump sum or in periodic installments.

(d) Maximum Bonus Amount. - (1) A member may enter into an

agreement under this section, or reenlist or voluntarily extend the

member's enlistment, more than once to receive a bonus under this

section. However, a member may not receive a total of more than

$200,000 in payments under this section.

(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) Certain Members Ineligible. - (1) A retention bonus may not

be provided under subsection (a) to a member of the armed forces

who -

(A) has completed more than 25 years of active duty; or

(B) will complete the member's twenty-fifth year of active duty

before the end of the period of active duty for which the bonus

is being offered.

(2) 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.

(f) Relationship to Other Incentives. - A retention bonus paid

under this section is in addition to any other pay and allowances

to which a member is entitled.

(g) Repayment of Bonus. - (1) 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, the Secretary of Defense, and the Secretary of

Homeland Security with respect to members of the Coast Guard when

it is not operating as a service in the Navy, may require the

member to repay the United States, on a pro rata basis and to the

extent that the Secretary determines conditions and circumstances

warrant, all sums paid under this section.

(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less

than 5 years after the termination of a written agreement entered

into under subsection (a) does not discharge the member from a debt

arising under paragraph (2).

(h) Annual Report. - Not later than February 15 of each year, the

Secretary of Defense and the Secretary of Transportation shall

submit to Congress a report -

(1) analyzing the effect, during the preceding fiscal year, of

the provision of bonuses under this section on the retention of

members qualified in the critical military skills for which the

bonuses were offered; and

(2) describing the intentions of the Secretary regarding the

continued use of the bonus authority during the current and next

fiscal years.

(i) Termination of Bonus Authority. - No bonus may be paid under

this section with respect to any reenlistment, or voluntary

extension of an enlistment, in the armed forces entered into after

December 31, 2003, and no agreement under this section may be

entered into after that date.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

633(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-157; amended Pub.

L. 107-107, div. A, title VI, Sec. 614(d), Dec. 28, 2001, 115 Stat.

1136; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116

Stat. 2314; Pub. L. 107-314, div. A, title VI, Secs. 614(d), 618,

Dec. 2, 2002, 116 Stat. 2568, 2570.)

-MISC1-

AMENDMENTS

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, Sec. 618(a), designated existing

provisions as par. (1) and added par. (2).

Subsec. (e). Pub. L. 107-314, Sec. 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, Sec. 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".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 633(b)], Oct.

30, 2000, 114 Stat. 1654, 1654A-158, provided that: "Section 323 of

title 10, United States Code, as added by subsection (a), shall

take effect on October 1, 2000."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

37 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 324. Special pay: accession bonus for new officers in critical

skills

-STATUTE-

(a) Accession Bonus Authorized. - Under regulations prescribed by

the Secretary concerned, a person who executes a written agreement

to accept a commission as an officer of the armed forces and serve

on active duty in a designated critical officer skill for the

period specified in the agreement may, upon acceptance of the

agreement by the Secretary concerned, be paid an accession bonus in

an amount determined by the Secretary concerned.

(b) Designation of Critical Officer Skills. - The Secretary

concerned shall designate the critical officer skills for the

purposes of this section. A skill may be designated as a critical

officer skill for an armed force under this subsection if -

(1) in order to meet requirements of the armed force, it is

critical for the armed force to have a sufficient number of

officers who are qualified in that skill; and

(2) in order to mitigate a current or projected significant

shortage of personnel in the armed force who are qualified in

that skill, it is critical to access into that armed force in

sufficient numbers persons who are qualified in that skill or are

to be trained in that skill.

(c) Limitation on Amount of Bonus. - The amount of an accession

bonus under subsection (a) may not exceed $60,000.

(d) Payment Method. - Upon acceptance of a written agreement

under subsection (a) by the Secretary concerned, the total amount

of the accession bonus payable under the agreement becomes fixed.

The agreement shall specify whether the accession bonus will be

paid by the Secretary in a lump sum or installments.

(e) Relation to Other Accession Bonus Authority. - An individual

may not receive an accession bonus under this section and section

302d, 302h, 302j, or 312b of this title for the same period of

service.

(f) Repayment for Failure To Commence or Complete Obligated

Service. - (1) An individual who, after having received all or part

of the accession bonus under an agreement referred to in subsection

(a), fails to accept a commission as an officer or to commence or

complete the total period of active duty service specified in the

agreement shall repay to the United States the amount that bears

the same ratio to the total amount of the bonus authorized for such

person as the unserved part of the period of agreed active duty

service bears to the total period of the agreed active duty

service. However, the amount required to be repaid by the

individual may not exceed the amount of the accession bonus that

was paid to the individual.

(2) Subject to paragraph (3), an obligation to repay the United

States imposed under paragraph (1) is for all purposes a debt owed

to the United States. A discharge in bankruptcy under title 11 that

is entered less than five years after the termination of an

agreement entered into under subsection (a) does not discharge the

individual signing the agreement from a debt arising under such

agreement or under paragraph (1).

(3) The Secretary concerned may waive, in whole or in part, the

repayment requirement under paragraph (1) on a case-by-case basis

if the Secretary concerned determines that repayment would be

against equity and good conscience or would be contrary to the best

interests of the United States.

(g) Termination of Authority. - No agreement under this section

may be entered into after December 31, 2003.

-SOURCE-

(Added Pub. L. 107-107, div. A, title VI, Sec. 621(a), Dec. 28,

2001, 115 Stat. 1139; amended Pub. L. 107-314, div. A, title VI,

Sec. 614(e), title X, Sec. 1062(c)(2), Dec. 2, 2002, 116 Stat.

2568, 2651.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-314, Sec. 1062(c)(2), struck out

par. (1) designation before "The Secretary".

Subsec. (g). Pub. L. 107-314, Sec. 614(e), substituted "December

31, 2003" for "December 31, 2002".

-End-

-CITE-

37 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 5 - SPECIAL AND INCENTIVE PAYS

-HEAD-

Sec. 325. Incentive bonus: savings plan for education expenses and

other contingencies

-STATUTE-

(a) Benefit and Eligibility. - The Secretary concerned may

purchase United States savings bonds under this section for a

member of the armed forces who is eligible as follows:

(1) A member who, before completing three years of service on

active duty, enters into a commitment to perform qualifying

service.

(2) A member who, after completing three years of service on

active duty, but not more than nine years of service on active

duty, enters into a commitment to perform qualifying service.

(3) A member who, after completing nine years of service on

active duty, enters into a commitment to perform qualifying

service.

(b) Qualifying Service. - For the purposes of this section,

qualifying service is service on active duty in a specialty

designated by the Secretary concerned as critical to meet

requirements (whether or not such specialty is designated as

critical to meet wartime or peacetime requirements) for a period

that -

(1) is not less than six years; and

(2) does not include any part of a period for which the member

is obligated to serve on active duty under an enlistment or other

agreement for which a benefit has previously been paid under this

section.

(c) Forms of Commitment to Additional Service. - For the purposes

of this section, a commitment means -

(1) in the case of an enlisted member, a reenlistment; and

(2) in the case of a commissioned officer, an agreement entered

into with the Secretary concerned.

(d) Amounts of Bonds. - The total of the face amounts of the

United States savings bonds authorized to be purchased for a member

under this section for a commitment shall be as follows:

(1) In the case of a purchase for a member under paragraph (1)

of subsection (a), $5,000.

(2) In the case of a purchase for a member under paragraph (2)

of subsection (a), the amount equal to the excess of $15,000 over

the total of the face amounts of any United States savings bonds

previously purchased for the member under this section.

(3) In the case of a purchase for a member under paragraph (3)

of subsection (a), the amount equal to the excess of $30,000 over

the total of the face amounts of any United States savings bonds

previously purchased for the member under this section.

(e) Total Amount of Benefit. - The total amount of the benefit

authorized for a member when United States savings bonds are

purchased for the member under this section by reason of a

commitment by that member shall be the sum of -

(1) the purchase price of the United States savings bonds; and

(2) the amounts that would be deducted and withheld for the

payment of individual income taxes if the total amount computed

under this subsection for that commitment were paid to the member

as a bonus.

(f) Amount Withheld for Taxes. - The total amount payable for a

member under subsection (e)(2) for a commitment by that member

shall be withheld, credited, and otherwise treated in the same

manner as amounts deducted and withheld from the basic pay of the

member.

(g) Repayment for Failure To Complete Obligated Service. - (1) If

a person fails to complete the qualifying service for which the

person is obligated under a commitment for which a benefit has been

paid under this section, the person shall refund to the United

States the amount that bears the same ratio to the total amount

paid for the person (as computed under subsection (e)) for that

particular commitment as the uncompleted part of the period of

qualifying service bears to the total period of the qualifying

service for which obligated.

(2) Subject to paragraph (3), an obligation to reimburse the

United States imposed under paragraph (1) is for all purposes a

debt owed to the United States.

(3) The Secretary concerned may waive, in whole or in part, a

refund required under paragraph (1) if the Secretary concerned

determines that recovery would be against equity and good

conscience or would be contrary to the best interests of the United

States.

(4) A discharge in bankruptcy under title 11 that is entered less

than five years after the termination of an enlistment or other

agreement under this section does not discharge the person signing

such enlistment or other agreement from a debt arising under the

enlistment or agreement, respectively, or this subsection.

(h) Relationship to Other Special Pays. - The benefit authorized

under this section is in addition to any other bonus or incentive

or special pay that is paid or payable to a member under any other

provision of this chapter for any portion of the same qualifying

service.

(i) Regulations. - This section shall be administered under

regulations prescribed by the Secretary of Defense for the armed

forces under his jurisdiction and by the Secretary of Homeland

Security for the Coast Guard when the Coast Guard is not operating

as a service in the Navy.

-SOURCE-

(Added Pub. L. 107-107, div. A, title VI, Sec. 622(a)(1), Dec. 28,

2001, 115 Stat. 1140; amended Pub. L. 107-296, title XVII, Sec.

1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (i). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

EFFECTIVE DATE OF 2002 AMENDMENT

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.

EFFECTIVE DATE

Pub. L. 107-107, div. A, title VI, Sec. 622(b), Dec. 28, 2001,

115 Stat. 1142, provided that: "Section 325 of title 37, United

States Code, as added by subsection (a), shall apply with respect

to reenlistments and other agreements for qualifying service, as

described in that section, that are entered into on or after

October 1, 2001."

-End-