§ 308e. — Special pay: bonus for reserve affiliation agreement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC308e]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 308e. Special pay: bonus for reserve affiliation agreement
(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.
(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.)
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.]
