§ 308h. — Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than 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: 37USC308h]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 308h. Special pay: bonus for reenlistment, enlistment, or
voluntary extension of enlistment in elements of the Ready
Reserve other than the Selected Reserve
(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.
(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.)
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.
