§308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve

(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.

(b)(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) 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) An obligation to reimburse the United States imposed under subsection (c) is, for all purposes, a debt owed to the United States.

(e) 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)(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 Transportation 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) A bonus may not be paid under this section to any person for a reenlistment, enlistment, or voluntary extension of an enlistment after September 30, 1996.

(Added Pub. L. 98–94, title X, §1011(a), Sept. 24, 1983, 97 Stat. 663 ; amended Pub. L. 98–525, title V, §552(f)(2), Oct. 19, 1984, 98 Stat. 2532 ; Pub. L. 99–145, title VI, §646(a)–(c), title XIII, §1303(b)(3), Nov. 8, 1985, 99 Stat. 654 , 740; Pub. L. 100–180, div. A, title VI, §626(b), Dec. 4, 1987, 101 Stat. 1104 ; Pub. L. 101–189, div. A, title VI, §613, Nov. 29, 1989, 103 Stat. 1446 ; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117 ; Pub. L. 102–484, div. A, title VI, §612(d), Oct. 23, 1992, 106 Stat. 2421 ; Pub. L. 103–160, div. A, title VI, §612(d), Nov. 30, 1993, 107 Stat. 1680 ; Pub. L. 103–337, div. A, title VI, §611(d), Oct. 5, 1994, 108 Stat. 2783 .)

Amendments

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, §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, §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, §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, §646(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 99–145, §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 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.

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.

Section Referred to in Other Sections

This section is referred to in title 10 section 227.