37 USC 308a: Special pay: enlistment bonus

37 USC 308a: Special pay: enlistment bonus Text contains those laws in effect on January 23, 2000

From Title 37-PAY AND ALLOWANCES OF THE UNIFORMED SERVICESCHAPTER 5-SPECIAL AND INCENTIVE PAYS

Jump To: Source CreditAmendmentsEffective DateMiscellaneous

§308a. Special pay: enlistment bonus

(a) Bonus Authorized; Bonus Amount.-Notwithstanding section 514(a) of title 10 or any other law, under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who enlists in an armed force for a period of at least four years in a skill designated as critical, or who extends his initial period of active duty in that armed force to a total of at least four years in a skill designated as critical, may be paid a bonus in an amount prescribed by the appropriate Secretary, but not more than $20,000.

(b) Payment Methods.-A bonus under this section may be paid in a single lump sum, or in periodic installments, to provide an extra incentive for a member to successfully complete the training necessary for the member to be technically qualified in the skill for which the bonus is paid.

(c) Repayment of Bonus.-Under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section or a member who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a person who is not qualified because of injury, illness, or other impairment not the result of his own misconduct) shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid.

(d) Termination of Authority.-No bonus shall be paid under this section with respect to any enlistment or extension of an initial period of active duty in the armed forces made after December 31, 2000.

Amendments

1999-Subsec. (a). Pub. L. 106–65, §619(b)(1), (c)(1), inserted heading and struck out at end "The bonus shall be paid in periodic installments, as determined by the appropriate Secretary, except that the first installment may not exceed $7,000 and the remainder shall be paid in equal periodic installments which may not be paid less frequently than once every 3 months."

Pub. L. 106–65, §619(a), substituted "$20,000" for "$12,000".

Subsec. (b). Pub. L. 106–65, §619(b)(3), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 106–65, §619(c)(2), inserted heading.

Pub. L. 106–65, §619(b)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 106–65, §619(c)(3), inserted heading.

Pub. L. 106–65, §619(b)(2), redesignated subsec. (c) as (d).

Pub. L. 106–65, §613(c), substituted "December 31, 2000" for "December 31, 1999".

1998-Subsec. (c). Pub. L. 105–261 substituted "December 31, 1999" for "September 30, 1999".

1997-Subsec. (c). Pub. L. 105–85 substituted "September 30, 1999" for "September 30, 1998".

1996-Subsec. (c). 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. (c). Pub. L. 103–337 substituted "September 30, 1996" for "September 30, 1995".

1993-Subsec. (c). Pub. L. 103–160 substituted "September 30, 1995" for "September 30, 1993".

1992-Subsec. (c). Pub. L. 102–484 substituted "September 30, 1993" for "September 30, 1992".

1989-Subsec. (a). Pub. L. 101–189 substituted "$12,000" for "$8,000" and "$7,000" for "$5,000".

1987-Subsec. (c). Pub. L. 100–180 substituted "September 30, 1992" for "September 30, 1987".

1984-Subsec. (c). Pub. L. 98–525 substituted "September 30, 1987" for "September 30, 1984".

1983-Subsec. (c). Pub. L. 98–14 substituted "September 30, 1984" for "March 31, 1983".

1982-Subsec. (c). Pub. L. 97–377 substituted "March 31, 1983" for "December 17, 1982".

Pub. L. 97–276 substituted "December 17, 1982" for "September 30, 1982". Notwithstanding directory language that amendment be made to section 308a(c) of "title 35, United States Code", amendment was executed to this section as the probable intent of Congress.

1981-Subsec. (a). Pub. L. 97–60 substituted "$8,000" for "$5,000" as allowable maximum bonus and inserted provisions that first installment of bonus may not exceed $5,000 and that remainder be paid in equal periodic installments which may not be paid less frequently than once every 3 months.

1980-Subsec. (a). Pub. L. 96–342, §804(b)(1), substituted "$5,000" for "$3,000".

Subsec. (c). Pub. L. 96–342, §804(b)(2), substituted "September 30, 1982" for "September 30, 1980".

1978-Subsec. (c). Pub. L. 95–485 substituted "September 30, 1980" for "September 30, 1978".

1977-Subsec. (b). Pub. L. 95–57, §2(a), substituted "or a member who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a person who is not qualified because of injury, illness, or other impairment not the result of his own misconduct) shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid" for "shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid".

Subsec. (c). Pub. L. 95–57, §2(b), substituted "September 30, 1978" for "June 30, 1977".

1974-Subsec. (a). Pub. L. 93–277 substituted provisions authorizing payment of enlistment bonus according to regulations to be issued, to persons enlisting in an armed force for at least four years in a skill designated as critical, and to those extending their initial period of active duty in the armed force to a total of at least four years in a skill designated as critical, for provisions authorizing payment of enlistment bonus to persons enlisting in the career field of Infantry, Field Artillery, or Tank and Amphibian Tractor in the Marine Corps for at least three years and to those extending their initial period of active duty in such a career field to a total of at least three years.

Subsec. (b). Pub. L. 93–277 substituted "Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy," for "Secretary of Defense".

Subsec. (c). Pub. L. 93–277 substituted "June 30, 1977" for "June 30, 1974".

1973-Subsec. (a). Pub. L. 93–64, §204(1), substituted in first sentence "the career field of Infantry, Armor, or Field Artillery Cannon in the Army, or the career field of Infantry, Field Artillery, or Tank and Amphibian Tractor in the Marine Corps", for "any combat element of an armed force" and "such a career field" for "a combat element of an armed force".

Subsec. (c). Pub. L. 93–64, §204(2), substituted "June 30, 1974" for "June 30, 1973".

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §619(d), Oct. 5, 1999, 113 Stat. 653 , provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to enlistments and extensions of enlistments taking effect on or after that date."

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 308 of this title occurring on or after that date, see section 613(h)(1) of Pub. L. 103–160, set out as a note under section 308 of this title.

Effective Date of 1989 Amendment

Section 612(c) of Pub. L. 101–189 provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to an enlistment or extension of an initial period of active duty (in a skill designated as critical) entered into on or after October 1, 1989."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–60 applicable to enlistments and reenlistments after Oct. 14, 1981, see section 117(d) of Pub. L. 97–60, set out as a note under section 308 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–342 applicable to enlistments, reenlistments, and extensions of enlistments made after Sept 30, 1980, see section 804(c) of Pub. L. 96–342, set out as a note under section 308 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–57 effective July 1, 1977, see section 3 of Pub. L. 95–57, set out as a note under section 308 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–277 effective June 1, 1974, see section 4 of Pub. L. 93–277, set out as a note under section 308 of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.

Effective Date

Section effective on a date to be prescribed by Secretary of Defense, but not earlier than Feb. 1, 1971, see section 209 of Pub. L. 92–129, set out as a note under section 302a of this title.

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.

Limitation on Payments

Section 612(b) of Pub. L. 101–189 provided that: "The total amount of payments made during fiscal year 1990 under section 308a(a) of title 37, United States Code, by the Secretary of the Army may not exceed $66,400,000."

Pay Continuation

Enactment of this section not to reduce pay to which any member of uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92–129, set out as a note under section 203 of this title.

Section Referred to in Other Sections

This section is referred to in title 38 section 3015.