
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[621(f)]]
[Document affected by Public Law 107-107 Section 611(f)]
[Document affected by Public Law 107-107 Section 619(a),]
[Document affected by Public Law 107-107 Section 619(a),]
[Document affected by Public Law 107-107 Section 619(c)]
[Document affected by Public Law 107-107 Section 619(d)]
[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)(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 
December 31, 2000.

(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.)


                               Amendments

    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 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.
