2002 U.S. Code
Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5 - SPECIAL AND INCENTIVE PAYS
Sec. 308e - Special pay: bonus for reserve affiliation agreement

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§308e. Special pay: bonus for reserve affiliation agreement

(a) The Secretary concerned may pay a bonus for reserve affiliation to any person—

(1) who—

(A) is serving on active duty, has 180 days or less remaining of his active duty obligation, and upon discharge or release from active duty upon the completion of such active duty obligation will have a reserve service obligation under section 651 of title 10 or under section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1)); or

(B) has served on active duty for any period of time, was discharged or released from such active duty under honorable conditions, and is serving a period of reserve service obligation under section 651 of title 10 or section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1)); and

(2) who meets the requirements of subsection (b).

(b) To be eligible to receive a bonus for reserve affiliation under this section, a person must—

(1) be eligible for reenlistment or for an extension of his active duty service;

(2) have completed satisfactorily any term of enlistment or period of obligated active duty service;

(3) hold and be qualified in a military specialty designated for purposes of this section in the regulations prescribed under subsection (f);

(4) have a grade for which there is a vacancy in the reserve component in which the person is to become a member;

(5) not be affiliating in a reserve component to become a Reserve, Army National Guard, or Air National Guard technician;

(6) enter into a written agreement with the Secretary concerned to serve as a member of the Selected Reserve of the Ready Reserve of an armed force for the period of obligated reserve service such person has remaining or, if such person is on active duty, will have remaining at the time of his discharge or release from active duty; and

(7) meet all the other requirements for becoming a member of the Selected Reserve of the Ready Reserve of an armed force.

(c)(1) The amount of the bonus paid to any person under this section shall be an amount determined by multiplying up to as determined by the Secretary concerned times the number of months of reserve obligation such person has remaining or, if such person is on active duty, will have remaining at the time of his discharge or release from active duty.

(2) In the case of a person who has, or at the time of discharge or release from active duty will have, eighteen months or less reserve service obligation remaining, the Secretary concerned may pay the total amount of the bonus at the time such person signs a reserve affiliation agreement under this section. In the case of a person who has, or at the time of discharge or release from active duty will have, more than eighteen months of such service remaining, the Secretary concerned may pay one-half of the bonus at the time such person signs a reserve affiliation agreement under this section and the remaining one-half on the date of the sixth anniversary of such person's original enlistment or call to active duty.

(3) In lieu of the procedures set out in paragraph (2), the Secretary concerned may pay the bonus in monthly installments in such amounts as may be determined by the Secretary. Monthly payments under this paragraph shall begin after the first month of satisfactory service of the person and are payable only for those months in which the person serves satisfactorily. Satisfactory service shall be determined under the regulations prescribed under subsection (f).

(d)(1) A person who signs a reserve affiliation agreement under this section and who fails during the period covered by such agreement to serve satisfactorily in the Selected Reserve in which such person agrees to serve 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 satisfactorily serve bears to the total 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 agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11 after September 30, 1980.

(e) No bonus may be paid under this section to any person for a reserve obligation agreement entered into after December 31, 2003.

(f) 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.

(g) The authority in subsection (a) does not apply to the Secretary of Commerce and the Secretary of Health and Human Services.

(Added Pub. L. 96–342, title VIII, §805(a)(1), Sept. 8, 1980, 94 Stat. 1093; amended Pub. L. 97–86, title V, §505, Dec. 1, 1981, 95 Stat. 1109; Pub. L. 99–145, title VI, §645(a), Nov. 8, 1985, 99 Stat. 654; 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(c), Nov. 30, 1993, 107 Stat. 1680; Pub. L. 103–337, div. A, title VI, §611(c), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 104–106, div. A, title VI, §611(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, §611(e), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, §§611(e), 623, Nov. 18, 1997, 111 Stat. 1785, 1793; Pub. L. 105–261, div. A, title VI, §611(e), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106–65, div. A, title VI, §611(e), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106–398, §1 [[div. A], title VI, §621(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–151; Pub. L. 107–107, div. A, title VI, §611(e), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §611(d), Dec. 2, 2002, 116 Stat. 2567.)

Amendments

2002—Subsec. (e). Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”.

Subsec. (f). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

2001—Subsec. (e). Pub. L. 107–107 substituted “December 31, 2002” for “December 31, 2001”.

2000—Subsec. (e). Pub. L. 106–398 substituted “December 31, 2001” for “December 31, 2000”.

1999—Subsec. (e). Pub. L. 106–65 substituted “December 31, 2000” for “December 31, 1999”.

1998—Subsec. (e). Pub. L. 105–261 substituted “December 31, 1999” for “September 30, 1999”.

1997—Subsec. (a). Pub. L. 105–85, §623(1), substituted “The Secretary concerned” for “Under regulations prescribed by the Secretary of Defense, the Secretary of a military department”.

Subsec. (b)(3). Pub. L. 105–85, §623(2), substituted “designated for purposes of this section in the regulations prescribed under subsection (f)” for “designated by the Secretary of Defense for the purposes of this section”.

Subsec. (c)(3). Pub. L. 105–85, §623(3), substituted “the regulations prescribed under subsection (f)” for “regulations prescribed by the Secretary of Defense”.

Subsec. (e). Pub. L. 105–85, §611(e), substituted “September 30, 1999” for “September 30, 1998”.

Subsecs. (f), (g). Pub. L. 105–85, §623(4), added subsecs. (f) and (g).

1996—Subsec. (e). 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. (e). Pub. L. 103–337 substituted “September 30, 1996” for “September 30, 1995”.

1993—Subsec. (c)(2). Pub. L. 103–160, §612(c)(1)(A), substituted “sixth anniversary” for “fifth anniversary” in second sentence.

Subsec. (c)(3). Pub. L. 103–160, §612(c)(1)(B), added par. (3).

Subsec. (e). Pub. L. 103–160, §612(c)(2), substituted “September 30, 1995” for “September 30, 1993”.

1992—Subsec. (e). Pub. L. 102–484 substituted “September 30, 1993” for “September 30, 1992”.

1991—Subsec. (a)(2). Pub. L. 102–25, §702(b)(1), struck out “of this section” after “subsection (b)”.

Subsec. (d)(2), (3). Pub. L. 102–25, §702(b)(2), struck out “of this subsection” after “paragraph (1)”.

1989—Subsec. (e). Pub. L. 101–189 substituted “September 30, 1992” for “September 30, 1990”.

1987—Subsec. (e). Pub. L. 100–180 substituted “September 30, 1990” for “September 30, 1987”.

1985—Subsec. (c)(1). Pub. L. 99–145, §645(a)(1), substituted “up to as determined by the Secretary concerned” for “”.

Subsec. (e). Pub. L. 99–145, §645(a)(2), substituted “September 30, 1987” for “September 30, 1985”.

1981—Subsec. (e). Pub. L. 97–86 substituted “September 30, 1985” for “September 30, 1981”.

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 of 1985 Amendment

Section 645(b) of Pub. L. 99–145 provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 1985.”

Effective Date

Agreements under this section not to be entered into before Oct. 1, 1980, see section 805(a)(3) of Pub. L. 96–342, set out as a note under section 308d of this title.

Coverage of Period of Lapsed Authority

Section 612(g) of Pub. L. 103–160 provided that:

“(1) In the case of a person described in paragraph (2) who executes a reserve affiliation agreement under section 308e of title 37, United States Code, during the 90-day period beginning on the date of the enactment of this Act [Nov. 30, 1993], the Secretary of the military department concerned may treat the agreement for purposes of the bonus authorized under such section as having been executed and accepted on the first date on which the person would have qualified for such an agreement had the amendment made by subsection (c)(2) [amending this section] taken effect on October 1, 1993.

“(2) A person referred to in paragraph (1) is a person described in section 308e(a) of title 37, United States Code, who, during the period beginning on October 1, 1993, and ending on the date of the enactment of this Act, would have qualified for a reserve affiliation agreement under such section had the amendment made by subsection (c)(2) taken effect on October 1, 1993.”

[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.]