§ 308b. — Special pay: reenlistment bonus for members of the Selected Reserve.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC308b]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 308b. Special pay: reenlistment bonus for members of the
Selected Reserve
(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.
(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.)
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.
