
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[624(c)(2)]]
[Document affected by Public Law 106-398 Section 1[624(b)(1)]]
[CITE: 37USC308a]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                  CHAPTER 5--SPECIAL AND INCENTIVE PAYS
 
Sec. 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.

(Added Pub. L. 92-129, title II, Sec. 203(a), Sept. 28, 1971, 85 Stat. 
358; amended Pub. L. 93-64, title II, Sec. 204, July 9, 1973, 87 Stat. 
149; Pub. L. 93-277, Sec. 2(2), May 10, 1974, 88 Stat. 120; Pub. L. 95-
57, Sec. 2, June 29, 1977, 91 Stat. 253; Pub. L. 95-485, title VIII, 
Sec. 802(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96-342, title VIII, 
Sec. 804(b), Sept. 8, 1980, 94 Stat. 1092; Pub. L. 97-60, title I, 
Sec. 117(b), Oct. 14, 1981, 95 Stat. 996; Pub. L. 97-276, title I, 
Sec. 131, Oct. 2, 1982, 96 Stat. 1197; Pub. L. 97-377, title I, 
Sec. 101(c) [title VII, Sec. 798], Dec. 21, 1982, 96 Stat. 1833, 1865; 
Pub. L. 98-14, Sec. 1, Mar. 30, 1983, 97 Stat. 55; Pub. L. 98-525, title 
VI, Sec. 621(a), Oct. 19, 1984, 98 Stat. 2540; Pub. L. 100-180, div. A, 
title VI, Sec. 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101-189, 
div. A, title VI, Sec. 612(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 
102-484, div. A, title VI, Sec. 612(b), Oct. 23, 1992, 106 Stat. 2421; 
Pub. L. 103-160, div. A, title VI, Sec. 613(c), Nov. 30, 1993, 107 Stat. 
1681; Pub. L. 103-337, div. A, title VI, Sec. 613(c), Oct. 5, 1994, 108 
Stat. 2783; Pub. L. 104-106, div. A, title VI, Sec. 613(c), Feb. 10, 
1996, 110 Stat. 359; Pub. L. 104-201, div. A, title VI, Sec. 613(c), 
Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105-85, div. A, title VI, 
Sec. 613(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105-261, div. A, 
title VI, Sec. 613(c), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65, 
div. A, title VI, Secs. 613(c), 619(a)-(c), Oct. 5, 1999, 113 Stat. 650, 
652, 653.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-65, Sec. 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, Sec. 619(a), substituted ``$20,000'' for 
``$12,000''.
    Subsec. (b). Pub. L. 106-65, Sec. 619(b)(3), added subsec. (b). 
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 106-65, Sec. 619(c)(2), inserted heading.
    Pub. L. 106-65, Sec. 619(b)(2), redesignated subsec. (b) as (c). 
Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 106-65, Sec. 619(c)(3), inserted heading.
    Pub. L. 106-65, Sec. 619(b)(2), redesignated subsec. (c) as (d).
    Pub. L. 106-65, Sec. 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, Sec. 804(b)(1), substituted 
``$5,000'' for ``$3,000''.
    Subsec. (c). Pub. L. 96-342, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 204(2), substituted ``June 30, 
1974'' for ``June 30, 1973''.


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title VI, Sec. 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.
