37 U.S.C. § 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 not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service.

(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.

(b)

Bonus Amounts; Payment .—

(1)

The amount of a bonus under this section may not exceed—

(A)

$15,000, in the case of a person who enlists for a period of six years;

(B)

$7,500, in the case of a person who, having never received a bonus under this section, enlists for a period of three years; and

(C)

$6,000, 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.

(3)

A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.

(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 .—

section 303a(e) of this titleA person who receives a bonus payment under this section and who, during the period for which the bonus was paid, does not serve satisfactorily in the element of the Selected Reserve with respect to which the bonus was paid shall be subject to the repayment provisions of .

(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 .—

December 31, 2018No bonus may be paid under this section to any person for an enlistment after .

Editorial Notes

Amendments

Pub. L. 115–91December 31, 2018December 31, 20172017—Subsec. (f). substituted “” for “”.

Pub. L. 114–328December 31, 2017December 31, 20162016—Subsec. (f). substituted “” for “”.

Pub. L. 114–92December 31, 2016December 31, 20152015—Subsec. (f). substituted “” for “”.

Pub. L. 113–291December 31, 2015December 31, 20142014—Subsec. (f). substituted “” for “”.

Pub. L. 113–66December 31, 2014December 31, 20132013—Subsec. (f). substituted “” for “”.

Pub. L. 112–239December 31, 2013December 31, 2012 substituted “” for “”.

Pub. L. 112–81December 31, 2012December 31, 20112011—Subsec. (f). substituted “” for “”.

Pub. L. 111–383December 31, 2011December 31, 2010 substituted “” for “”.

Pub. L. 111–84December 31, 2010December 31, 20092009—Subsec. (f). substituted “” for “”.

Pub. L. 110–417December 31, 2009December 31, 20082008—Subsec. (f). substituted “” for “”.

Pub. L. 110–181December 31, 2008December 31, 2007 substituted “” for “”.

Pub. L. 109–163, § 633(1)2006—Subsec. (a)(2)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “The person has completed a military service obligation, but has not more than 16 years of total military service, and received an honorable discharge at the conclusion of that military service obligation.”

Pub. L. 109–163, § 633(2)Subsec. (a)(2)(D). , struck out subpar. (D) which read as follows: “The person has not previously been paid a bonus (except under this section) for enlistment, reenlistment, or extension of enlistment in a reserve component.”

Pub. L. 109–163, § 687(b)(19)Subsec. (d). , amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when person fails to serve satisfactorily in element of Selected Reserve of Ready Reserve for which bonus was paid.

Pub. L. 109–364December 31, 2007December 31, 2006Subsec. (f). substituted “” for “”.

Pub. L. 109–163, § 621(e)December 31, 2006December 31, 2005, substituted “” for “”.

Pub. L. 108–375, § 618(f)(1)2004—Subsec. (a)(2)(A). , substituted “not more than 16 years” for “less than 14 years”.

Pub. L. 108–375, § 618(f)(2)(A)Subsec. (b)(1)(A). , substituted “$15,000” for “$8,000”.

Pub. L. 108–375, § 618(f)(2)(B)Subsec. (b)(1)(B). , substituted “$7,500” for “$4,000”.

Pub. L. 108–375, § 618(f)(2)(C)Subsec. (b)(1)(C). , substituted “$6,000” for “$3,500”.

Pub. L. 108–375, § 618(f)(3)Subsec. (b)(3). , added par. (3).

Pub. L. 108–375, § 611(f)December 31, 2005December 31, 2004Subsec. (f). , substituted “” for “”.

Pub. L. 108–136December 31, 2004December 31, 20032003—Subsec. (f). substituted “” for “”.

Pub. L. 107–314, § 6172002—Subsec. (b)(1). , 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).

Pub. L. 107–296Subsec. (e). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 107–314, § 611(f)December 31, 2003December 31, 2002Subsec. (f). , substituted “” for “”.

Pub. L. 107–107December 31, 2002December 31, 20012001—Subsec. (f). substituted “” for “”.

Pub. L. 106–398December 31, 2001December 31, 20002000—Subsec. (f). substituted “” for “”.

Pub. L. 106–65, § 623(a)1999—Subsec. (a)(2). , added par. (2) and struck out former par. (2) which set forth requirements for payment of a bonus under this section.

Pub. L. 106–65, § 611(g)December 31, 2000December 31, 1999Subsec. (f). , substituted “” for “”.

Pub. L. 105–261December 31, 1999September 30, 19991998—Subsec. (f). substituted “” for “”.

Pub. L. 105–85, § 622(e)(1)1997—Subsec. (a). , inserted heading.

Pub. L. 105–85, § 622(a)(1)Subsec. (a)(2)(A). , substituted “14 years” for “10 years”.

Pub. L. 105–85, § 622(a)(2)Subsec. (a)(2)(C). , struck out “and” at end.

Pub. L. 105–85, § 622(a)(5)Subsec. (a)(2)(D). , added subpar. (D). Former subpar. (D) redesignated (E).

Pub. L. 105–85, § 622(a)(3)Subsec. (a)(2)(E). , (4), redesignated subpar. (D) as (E) and inserted “(except under this section)” after “bonus”.

Pub. L. 105–85, § 622(b)Subsec. (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.”

Pub. L. 105–85, § 622(c)Subsec. (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.”

Pub. L. 105–85, § 622(d)(1)Subsec. (d). , (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).

Pub. L. 105–85, § 622(e)(2)(B)Subsec. (d)(2). , substituted “paragraph (1)” for “subsection (d)”.

Pub. L. 105–85, § 622(e)(2)(C)Subsec. (d)(3). , substituted “subsection (e)” for “subsection (h)” and “paragraph (1)” for “subsection (d)”.

Pub. L. 105–85, § 622(e)(2)(B)Subsec. (d)(4). , substituted “paragraph (1)” for “subsection (d)”.

Pub. L. 105–85, § 622(e)(3)Subsec. (e). , inserted heading.

Pub. L. 105–85, § 622(d)(2), redesignated subsec. (h) as (e). Former subsec. (e) redesignated subsec. (d)(2).

Pub. L. 105–85, § 622(e)(4)Subsec. (f). , inserted heading.

Pub. L. 105–85, § 622(d)(2), redesignated subsec. (i) as (f). Former subsec. (f) redesignated subsec. (d)(3).

Pub. L. 105–85, § 611(g)Pub. L. 105–85, § 622(d)(2)September 30, 1999September 30, 1998, amended subsec. (f), as redesignated by , by substituting “” for “”.

Pub. L. 105–85, § 622(d)(2)Subsec. (g). , redesignated subsec. (g) as subsec. (d)(4).

Pub. L. 105–85, § 622(d)(2)Subsecs. (h), (i). , redesignated subsecs. (h) and (i) as (e) and (f), respectively.

Pub. L. 104–201September 30, 1998September 30, 19971996—Subsec. (i). substituted “” for “”.

Pub. L. 104–106September 30, 1997September 30, 1996 substituted “” for “”.

Pub. L. 103–337September 30, 1996September 30, 19951994—Subsec. (i). substituted “” for “”.

Pub. L. 103–160September 30, 1995September 30, 19931993—Subsec. (i). substituted “” for “”.

Pub. L. 102–484, § 11361992—Subsec. (c). , 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”.

Pub. L. 102–484, § 612(d)September 30, 1993September 30, 1992Subsec. (i). , substituted “” for “”.

Pub. L. 102–251991—Subsecs. (e) to (g). struck out “of this section” wherever appearing.

Pub. L. 101–189September 30, 1992September 30, 19901989—Subsec. (i). substituted “” for “”.

Pub. L. 100–261987—Subsec. (b)(1)(B). inserted a comma after “$2,500”.

Pub. L. 100–180September 30, 1990September 30, 1987Subsec. (i). substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181Dec. 31, 2007section 610 of Pub. L. 110–181 section 2130a of Title 10Amendment by effective as of , and subject to various special provisions, see , set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under , Armed Forces.

Effective Date of 2002 Amendment

Pub. L. 107–296 section 1704(g) of Pub. L. 107–296 section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, § 623(b)Oct. 5, 1999113 Stat. 654

October 1, 1999“The amendment made by subsection (a) [amending this section] shall take effect on , and shall apply to enlistments beginning on or after that date.”

, , , provided that:

Effective Date of 1993 Amendment

Pub. L. 103–160Sept. 30, 1993section 612(f) of Pub. L. 103–160 section 308b of this titleAmendment by effective as of , 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 , set out as a note under .

Effective Date

Pub. L. 99–145, title VI, § 644(b)Nov. 8, 198599 Stat. 653

October 1, 1985“The amendments made by subsection (a) [enacting this section] shall take effect on .”

, , , provided that:

Savings Provision

Apr. 1, 2006section 687(b) of Pub. L. 109–163 section 687(f) of Pub. L. 109–163 section 510 of Title 10For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by , see , set out as a note under , Armed Forces.

Coverage of Period of Lapsed Authority

Oct. 1, 1992Oct. 23, 1992section 612(j)(2) of Pub. L. 102–484 section 301b of this titleFor provisions relating to coverage of period of lapsed authority from , to , for payment of bonuses or other special pay under this section, see , set out as a note under .