§ 309. — Special pay: 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: 37USC309]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 309. Special pay: enlistment bonus
(a) Bonus Authorized; Bonus Amount.--A person who enlists in an
armed force for a period of at least 2 years may be paid a bonus in an
amount not to exceed $20,000. The bonus may be paid in a single lump sum
or in periodic installments.
(b) Repayment of Bonus.--(1) A member of the armed forces who
voluntarily, or because of the member's misconduct, does not complete
the term of enlistment for which a bonus was paid under this section, or
a member who is not technically qualified in the skill for which the
bonus was paid, if any (other than a member who is not qualified because
of injury, illness, or other impairment not the result of the member's
misconduct), shall refund to the United States that percentage of the
bonus that the unexpired part of member's enlistment is of the total
enlistment 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 enlistment for which a bonus
was paid under this section does not discharge the person receiving the
bonus from the debt arising under paragraph (1).
(c) Relation to Prohibition on Bounties.--The enlistment bonus
authorized by this section is not a bounty for purposes of section
514(a) of title 10.
(d) Regulations.--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.
(e) Duration of Authority.--No bonus shall be paid under this
section with respect to any enlistment in the armed forces made after
December 31, 2003.
(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 624(a)(1)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-152; amended Pub. L. 107-107, div.
A, title VI, Sec. 614(c), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107-
296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L.
107-314, div. A, title VI, Sec. 614(c), Dec. 2, 2002, 116 Stat. 2568.)
Prior Provisions
A prior section 309, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 468,
related to authority of Secretary concerned to provide for additional
pay for performance of administrative functions by officers of the
National Guard and reserve components, prior to repeal by Pub. L. 96-
107, title IV, Sec. 404(a)(1), (b), Nov. 9, 1979, 93 Stat. 808, 809,
applicable only with respect to administrative functions performed after
September 30, 1980.
Amendments
2002--Subsec. (d). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
Subsec. (e). Pub. L. 107-314 substituted ``December 31, 2003'' for
``December 31, 2002''.
2001--Subsec. (e). Pub. L. 107-107 substituted ``December 31, 2002''
for ``December 31, 2001''.
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
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 624(c)(1)], Oct.
30, 2000, 114 Stat. 1654, 1654A-153, provided that: ``The amendments
made by subsection (a) [enacting this section] shall take effect on
October 1, 2000, and apply with respect to enlistments in the Armed
Forces made on or after that date.''
