§ 308i. — Special pay: prior service enlistment bonus.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC308i]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 308i. Special pay: prior service enlistment bonus
(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.
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\1\ So in original. Probably should be ``paragraph''.
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(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.
(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.)
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.
