Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "37 U.S.C. § 301c"
description: "Incentive pay: submarine duty"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "301c"
citation: "37 U.S.C. § 301c"
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---
# 37 U.S.C. § 301c - Incentive pay: submarine duty
## Text
(a) Eligibility Requirements.— (1) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay, and (A) holds (or is in training leading to) a submarine duty designator, (B) is in and remains in the submarine service on a career basis, and (C) meets the requirements of paragraph (3), is entitled to continuous monthly submarine duty incentive pay in the amount prescribed pursuant to subsection (b).
(2) Subject to regulations prescribed by the President, a member of the naval service who is entitled to basic pay but is not entitled to continuous monthly submarine duty incentive pay under paragraph (1) is entitled to submarine duty incentive pay in the amount prescribed pursuant to subsection (b) for any period during which such member performs frequent and regular operational submarine duty (as defined in paragraph (5)) required by orders.
(3) To be entitled to continuous monthly submarine duty incentive pay through 26 years of service (as computed under section 205 of this title, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer), a member must perform operational submarine duties for at least 6 of the first 12, and at least 10 of the first 18, years of his submarine service. However, if a member performs the prescribed operational submarine duties for at least 8 but less than 10 of the first 18 years of his submarine service, he is entitled to continuous monthly submarine duty incentive pay for the first 22 years of his service (as computed under section 205 of this title, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer).
(4) If upon completion of either 12 or 18 years of submarine service it is determined that a member has failed to perform the minimum prescribed operational submarine duty requirements during the prescribed periods of time, his entitlement to continuous monthly submarine duty incentive pay ceases. If entitlement to continuous monthly submarine duty incentive pay ceases upon completion of 12 years of submarine service, entitlement to that pay may again commence upon completion of 18 years of submarine service if the minimum operational submarine duty requirements have been met, and such pay shall continue for the period of time prescribed in accordance with this section. However, if entitlement to continuous monthly submarine duty incentive pay ceases in the case of any member at the completion of either 12 or 18 years of submarine service or 26 years of service (as computed under section 205 of this title, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer), such member shall be entitled to that pay in the amount prescribed pursuant to subsection (b) for the performance of subsequent operational submarine duty, or for the performance of service as a member of a submarine operational command staff, if such members duties require serving on a submarine during underway operations.
(5) In this section:
(A) The term “operational submarine duty” means duty—
(i) while attached under competent orders to a submarine, while serving as an operator or crew member of an operational submersible (including an undersea exploration or research vehicle), while undergoing training preliminary to assignment to a nuclear-powered submarine, while undergoing rehabilitation after assignment to a nuclear-powered submarine, or, in the case of a member qualified in submarines, while attached as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations—
(I) during one calendar month: 48 hours, except that hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month;
(II) during any two consecutive calendar months when the requirements of subclause (I) of this clause have not been met: 96 hours; or
(III) during any three consecutive calendar months when the requirements of subclause (II) of this clause have not been met: 144 hours;
(ii) while receiving instruction to prepare for assignment to a submarine of advanced design, or
(iii) while receiving instruction to prepare for a position of increased responsibility on a submarine.
(B) The term “submarine service” means the service performed, under regulations prescribed by the Secretary of the Navy, by a member, and the years of submarine service are computed beginning with the effective date of the initial order to perform submarine service.
(b) Monthly Rates.— The Secretary of the Navy shall prescribe the monthly rates of submarine duty incentive pay, except that the maximum monthly rate may not exceed $1,000.
(c) Exceptions.— (1) An officer who fails of selection for assignment as an executive officer or commanding officer of a submarine or who declines to serve in either such position may not be paid submarine duty incentive pay except for periods during which the officer is serving on a submarine during underway operations.
(2) An enlisted member may not be paid continuous submarine duty incentive pay while serving ashore between submarine sea duty assignments unless the member has a sufficient period of enlistment (including any extension of an enlistment) remaining to be reassigned to submarine sea duty.
(d) Applicability to Certain Navy Reserve Duty.— Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of the Navy Reserve who is entitled to compensation under section 206 of this title, performs, under orders, duty on a submarine during underway operations, he is eligible for an increase in such compensation equal to one-thirtieth of the monthly incentive pay prescribed pursuant to subsection (b) for the performance of that duty by a member of a corresponding grade and years of service who is entitled to basic pay. Such a member is eligible for the increase for each day served, for as long as he is qualified for it, during each regular period of appropriate duty.
(Added Pub. L. 96579, § 3(d), Dec. 23, 1980, 94 Stat. 3360; amended Pub. L. 9739, title VII, § 701(a), (b), Aug. 14, 1981, 95 Stat. 942; Pub. L. 9760, title I, § 114, Oct. 14, 1981, 95 Stat. 995; Pub. L. 99145, title VI, § 633(a), Nov. 8, 1985, 99 Stat. 646; Pub. L. 10026, § 8(e)(4), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100180, div. A, title VI, § 623(a), (b), Dec. 4, 1987, 101 Stat. 1101; Pub. L. 100224, § 5(a)(2), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100456, div. A, title XII, § 1233(l)(1), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101510, div. A, title XIII, § 1322(c)(1), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 10225, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102190, div. A, title XI, § 1111(d)(2), Dec. 5, 1991, 105 Stat. 1492; Pub. L. 107107, div. A, title VI, § 617(a), (b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109163, div. A, title V, § 515(d)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3236.)
## Notes
Editorial Notes
Amendments2006—Subsec. (d). Pub. L. 109163 substituted “Navy Reserve” for “Naval Reserve” in heading and text. 2001—Subsec. (a). Pub. L. 107107, § 617(b)(1), inserted heading and substituted “prescribed pursuant to subsection (b)” for “set forth in subsection (b)” in pars. (1), (2), and (4). Subsec. (b). Pub. L. 107107, § 617(a), inserted heading and amended text generally, substituting provisions relating to the Secretarys discretion in prescribing submarine duty incentive pay rates for tables specifying those rates. Subsec. (c). Pub. L. 107107, § 617(b)(2), inserted heading. Subsec. (d). Pub. L. 107107, § 617(b)(3), inserted heading and substituted “prescribed pursuant to subsection (b)” for “authorized by subsection (b)”. 1991—Pub. L. 10225 struck out “of this section” and “of this subsection” wherever appearing in subsecs. (a) and (d). Subsec. (b). Pub. L. 102190, in table pertaining to warrant officers, added provisions relating to pay grade W5 in two places. 1990—Subsec. (e). Pub. L. 101510 struck out subsec. (e) which read as follows: “The Secretary of Defense shall report to the Congress before January 1 each year— “(1) the number of enlisted members and officers, by pay grade, who, during the preceding fiscal year, had at least 12 but less than 18 years of submarine service and who were entitled to continuous monthly submarine duty incentive pay under subsection (a) of this section; and “(2) the number of enlisted members and officers, by pay grade, who, during such fiscal year, had at least 18 years of submarine service and who were entitled to such incentive pay. The Secretary shall include in each such report the number of enlisted members and the number of officers in each category referred to in the first sentence of this subsection, the number of such officers who, during the fiscal year concerned, were performing operational submarine duties, who were performing submarine command staff duties, and who were not performing submarine duties at all.” 1988—Subsec. (a). Pub. L. 100456 made clarifying amendment to directory language of Pub. L. 100180, § 623(a). See 1987 Amendment note below. 1987—Subsec. (a)(1), (2). Pub. L. 100180, § 623(a), as amended by Pub. L. 100456, substituted “naval service” for “Navy”. Subsec. (a)(5). Pub. L. 10026 substituted “In this section:” for “For the purposes of this section, the term—”, inserted “The term” at beginning of subpars. (A) and (B), and substituted “operational” for “Operational” and “submarine” for “Submarine” in subpars. (A) and (B), respectively. Subsec. (b). Pub. L. 100224 struck out, preceding table for enlisted members, “(b) The monthly rates for special pay under subsection (a) are as follows:” which had inadvertently been inserted as a second subsec. (b) by Pub. L. 100180, § 623(b). Pub. L. 100180, § 623(b), amended tables generally so as to reflect an upward adjustment in monthly incentive pay rates for enlisted members, commissioned officers, and warrant officers of all pay grades and years of service encompassed by tables. 1985—Subsec. (b). Pub. L. 99145 amended table pertaining to commissioned officers generally, so as to reflect an upward adjustment in monthly incentive pay rates for persons in pay grades O6 through O3 having over 18, over 20, over 22, and over 26 years of service, respectively. 1981—Subsec. (a)(1). Pub. L. 9739, § 701(a), substituted provisions set forth as cls. (A) to (C) respecting conditions for continuous monthly submarine duty incentive pay for provisions relating to payment of incentive pay for the frequent and regular performance of operational submarine duty required by orders. Subsec. (a)(2). Pub. L. 9739, § 701(a), substituted provisions relating to payment of submarine duty incentive pay for provisions relating to restrictions on payment of submarine duty incentive pay. Subsec. (a)(3), (4). Pub. L. 9760 inserted “, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer” after “(as computed under section 205 of this title” in three places. Subsec. (a)(5)(A)(i). Pub. L. 9739, § 701(b), inserted provisions relating to service as an operator or crew member of an operational submersible.
Statutory Notes and Related Subsidiaries
Effective Date of 1991 AmendmentAmendment by Pub. L. 102190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102190, set out as a note under section 521 of Title 10, Armed Forces.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100456 applicable as if included in enactment of Pub. L. 100180, see section 1233(l)(5) of Pub. L. 100456, set out as a note under section 4172 of Title 10, Armed Forces.
Effective Date of 1987 AmendmentPub. L. 100180, div. A, title VI, § 623(c), Dec. 4, 1987, 101 Stat. 1103, provided that: “(1) Subject to paragraph (2), the amendments made by this section [amending this section] shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Dec. 4, 1987] and shall apply only with respect to duty performed on or after that date. “(2) The amendments made by this section shall take effect only if legislation as described in section 3(c) is enacted [section 3(c) of Pub. L. 100180, which is not classified to the Code].”
Effective Date of 1985 AmendmentPub. L. 99145, title VI, § 633(b), Nov. 8, 1985, 99 Stat. 646, provided that: “The amendment made by this section [amending this section] shall take effect on October 1, 1985.”
Effective Date of 1981 AmendmentPub. L. 9739, title VII, § 701(c), Aug. 14, 1981, 95 Stat. 942, provided that: “The amendments made by this section [amending this section] shall take effect as of January 1, 1981.”
Effective DatePub. L. 96579, § 3(g), Dec. 23, 1980, 94 Stat. 3364, provided: “The amendments made by this subsection [probably means section 3 of Pub. L. 96579, which enacted this section and amended sections 301 and 308 of this title] shall become effective on the first day of the first month following the month in which this Act is enacted [December, 1980].”
Transition ProvisionsPub. L. 107107, div. A, title VI, § 617(c), Dec. 28, 2001, 115 Stat. 1137, provided that: “The tables set forth in subsection (b) of section 301c of title 37, United States Code, as in effect on the day before the date of the enactment of this Act [Dec. 28, 2001], shall continue to apply until the later of the following: “(1) January 1, 2002. “(2) The date on which the Secretary of the Navy prescribes new submarine duty incentive pay rates as authorized by the amendment made by subsection (a) [amending this section].”
Executive Documents
Delegation of Functions For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.
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title: "37 U.S.C. § 301d"
description: "Multiyear retention bonus: medical officers of the armed forces"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "SPECIAL AND INCENTIVE PAYS"
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# 37 U.S.C. § 301d - Multiyear retention bonus: medical officers of the armed forces
## Text
(a) Bonus Authorized.— (1) A medical officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section.
(2) The amount of a retention bonus under paragraph (1) may not exceed $75,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment.
(b) Eligible Officers.— This section applies to an officer of the armed forces who—
(1) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer;
(2) is in a pay grade below pay grade O7;
(3) has at least eight years of creditable service (computed as described in section 302(g) of this title) or has completed any active-duty service commitment incurred for medical education and training; and
(4) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)).
(c) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 101510, div. A, title VI, § 611(a)(1), Nov. 5, 1990, 104 Stat. 1576; amended Pub. L. 102484, div. A, title X, § 1054(a)(2), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 107314, div. A, title VI, § 615(a), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109163, div. A, title VI, § 687(b)(2), Jan. 6, 2006, 119 Stat. 3327; Pub. L. 110181, div. A, title VI, § 615(b), Jan. 28, 2008, 122 Stat. 150.)
## Notes
Editorial Notes
Amendments2008—Subsec. (a)(2). Pub. L. 110181 substituted “$75,000” for “$50,000”. 2006—Subsec. (c). Pub. L. 109163 amended heading and text of subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty. 2002—Subsec. (a)(2). Pub. L. 107314 substituted “$50,000” for “$14,000”. 1992—Subsec. (c)(2). Pub. L. 102484, § 1054(a)(2)(A), substituted “owed” for “owned”. Subsec. (c)(3). Pub. L. 102484, § 1054(a)(2)(B), substituted “November 5, 1990” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. L. 110181, div. A, title VI, § 615(c), Jan. 28, 2008, 122 Stat. 150, provided that: “The amendments made by this section [amending this section and section 302 of this title] shall apply with respect to agreements entered into under section 301d(a) or 302b(c) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008].”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Application of IncreasePub. L. 107314, div. A, title VI, § 615(i), Dec. 2, 2002, 116 Stat. 2569, provided that: “In the case of an amendment made by this section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i of this title and section 2130a of Title 10, Armed Forces] to increase the maximum amount of a special pay or bonus that may be paid during any 12-month period, the amended limitation shall apply to 12-month periods beginning after September 30, 2002.”
Eligibility of Flag and General Officers for Multiyear Retention Bonus for Medical OfficersPub. L. 102190, div. A, title VI, § 615, Dec. 5, 1991, 105 Stat. 1377, provided that: “(a) Reiterating Ineligibility.—The restriction contained in subsection (b)(2) of section 301d of title 37, United States Code, on the eligibility of flag and general officers serving as full-time physicians to receive a multiyear retention bonus under that section shall not be construed as being limited, modified, or superseded by any provision of law, whether enacted before, on, or after the date of the enactment of this Act [Dec. 5, 1991], unless that provision of law—“(1) specifically refers to that section and this subsection; and “(2) identifies the flag and general officers affected by that provision. “(b) Savings Provision.—(1) A medical officer of the Armed Forces who is a flag or general officer and has received any payment of a bonus under section 301d of title 37, United States Code, before the date of the enactment of this Act [Dec. 5, 1991] may not be required to reimburse the United States for such payment by reason of the enactment of subsection (a). “(2) A written agreement referred to in section 301d of title 37, United States Code, that was entered into on or after April 10, 1991, and before the date of the enactment of this Act [Dec. 5, 1991] by a medical officer of the Armed Forces referred to in paragraph (1) in exchange for a payment (or a promise of payment) of a bonus under that section shall be terminated as of the later of—“(A) the end of the month following the month in which this Act is enacted; or “(B) the end of the period covered by the bonus payment or payments received by that officer as described in that paragraph.” Pub. L. 102172, title VIII, § 8084, Nov. 26, 1991, 105 Stat. 1192, provided that: “Restrictions provided under subsection (b)(2) of section 301d of title 37, United States Code, as authorized by the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101510), and hereafter, shall not apply in the case of flag or general officers serving as full-time practicing physicians.”
Termination of Existing Retention Bonus AgreementPub. L. 101510, div. A, title VI, § 611(b), Nov. 5, 1990, 104 Stat. 1576, provided that: “(1) Subject to the approval of the Secretary of the military department concerned, a medical officer who is eligible to enter into a retention bonus agreement under section 301d of title 37, United States Code (as added by subsection (a)) may terminate any existing retention bonus agreement entered into by that officer under [section] 612 of the National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100456] (37 U.S.C. 302 note), in order to enter into an agreement under section 301d of such title containing an active-duty service obligation that is not less than the active-duty service obligation remaining under the existing agreement on the date of its termination. “(2) Subsection (e) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not apply to the termination, pursuant to paragraph (1), of a retention bonus agreement under that section.”
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# 37 U.S.C. § 301e - Multiyear retention bonus: dental officers of the armed forces
## Text
(a) Bonus Authorized.— (1) A dental officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section.
(2) The amount of a retention bonus under paragraph (1) may not exceed $50,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment.
(b) Officers Automatically Eligible.— Subsection (a) applies to an officer of the armed forces who—
(1) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer;
(2) has a dental specialty in oral and maxillofacial surgery;
(3) is in a pay grade below pay grade O7;
(4) has at least eight years of creditable service (computed as described in section 302b(g) 11 See References in Text note below. of this title) or has completed any active-duty service commitment incurred for dental education and training; and
(5) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)).
(c) Extension of Bonus to Other Dental Officers.— At the discretion of the Secretary of the military department concerned, the Secretary may enter into a written agreement described in subsection (a)(1) with a dental officer who does not have the dental specialty specified in subsection (b)(2), and pay a retention bonus to such an officer as provided in this section, if the officer otherwise satisfies the eligibility requirements specified in subsection (b). The Secretaries shall exercise the authority provided in this section in a manner consistent with regulations prescribed by the Secretary of Defense.
(d) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 10585, div. A, title VI, § 617(a), Nov. 18, 1997, 111 Stat. 1788; amended Pub. L. 107314, div. A, title VI, § 615(b), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109163, div. A, title VI, § 687(b)(3), Jan. 6, 2006, 119 Stat. 3328.)
## Notes
Editorial Notes
References in TextSection 302b(g) of this title, referred to in subsec. (b)(4), was redesignated section 302b(f) of this title by Pub. L. 109163, div. A, title VI, § 687(b)(6)(D), Jan. 6, 2006, 119 Stat. 3328.
Amendments2006—Subsec. (d). Pub. L. 109163 amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty. 2002—Subsec. (a)(2). Pub. L. 107314 substituted “$50,000” for “$14,000”.
Statutory Notes and Related Subsidiaries
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Application of IncreaseIn case of amendment by section 615 of Pub. L. 107314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107314, set out as a note under section 301d of this title.
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# 37 U.S.C. § 302a - Special pay: optometrists
## Text
(a) Regular Special Pay.— Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:
(1) A commissioned officer—
(A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer; or
(B) who is an optometry officer of the Regular Corps of the Public Health Service.
(2) A commissioned officer—
(A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or
(B) who is an optometry officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service,
who is on active duty as a result of a call or order to active duty for a period of at least one year.
(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be.
(b) Retention Special Pay.— (1) Under regulations prescribed under section 303a(a) of this title, the Secretary concerned may pay an officer described in paragraph (2) a retention special pay of not more than $15,000 for any twelve-month period during which the officer is not undergoing an internship or initial residency training.
(2) An officer referred to in paragraph (1) is an officer of a uniformed service who—
(A) is entitled to special pay under subsection (a);
(B) has completed any initial active-duty service commitment incurred for education and training; and
(C) is determined by the Secretary concerned to be qualified as an optometrist.
(3) An officer may not be paid retention special pay under paragraph (1) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.
(4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which the payment was made under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 92129, title II, § 202(a), Sept. 28, 1971, 85 Stat. 357; amended Pub. L. 9364, title II, § 202, July 9, 1973, 87 Stat. 149; Pub. L. 95114, § 2, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95485, title VIII, § 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96284, § 4(a), June 28, 1980, 94 Stat. 591; Pub. L. 10026, § 8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L. 101510, div. A, title VI, § 617(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 104201, div. A, title VI, § 614(a), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 106398, § 1 [[div. A], title VI, § 626(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A153; Pub. L. 107314, div. A, title VI, § 615(d), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109163, div. A, title VI, § 687(b)(5), Jan. 6, 2006, 119 Stat. 3328.)
## Notes
Editorial Notes
Amendments2006—Subsec. (b)(4). Pub. L. 109163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). If such eligibility is terminated, the officer concerned shall receive such special pay only for the part of the period of active duty that the officer served and may be required to refund any amount in excess of that amount.” 2002—Subsec. (b)(1). Pub. L. 107314 substituted “$15,000” for “$6,000”. 2000—Subsec. (b)(1). Pub. L. 106398 substituted “the Secretary concerned may pay an officer described in paragraph (2) a” for “an officer described in paragraph (2) may be paid”. 1996—Subsec. (b)(2). Pub. L. 104201, § 614(a)(1)(A), substituted “a uniformed service” for “an armed force” in introductory provisions. Subsec. (b)(2)(C). Pub. L. 104201, § 614(a)(1)(B), struck out “of the military department” before “concerned to be”. Subsec. (b)(4). Pub. L. 104201, § 614(a)(2), struck out “of the military department” before “concerned may terminate”. 1990—Pub. L. 101510 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1987—Pub. L. 10026 substituted “A” for “a” at beginning of pars. (1) to (3), “; or” for “, or” at end of par. (1)(A), period for semicolon at end of par. (1)(B), and period for “; and” at end of par. (2). 1980—Pub. L. 96284 substituted “Each” for “(a) In addition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each”, struck out “beginning on or after October 1, 1977” after “active duty”, struck out subsec. (b) which prohibited inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980. 1978—Subsec. (c). Pub. L. 95485 substituted “September 1980” for “September 1978”. 1977—Subsec. (a). Pub. L. 95114 amended subsec. (a) to provide for the reinstatement of special pay provisions for optometrists for each month on active duty beginning on or after Oct. 1, 1977. Subsecs. (b), (c). Pub. L. 95114 reenacted subsec. (b) without change and added subsec. (c). 1973—Subsec. (a). Pub. L. 9364 substituted “July 1, 1975” for “July 1, 1973” wherever appearing.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 1977 AmendmentPub. L. 95114, § 4, Sept. 30, 1977, 91 Stat. 1047, provided that: “The amendments made by sections 2 and 3 of this Act [amending this section and section 303 of this title] become effective on October 1, 1977.”
Effective Date of 1973 AmendmentAmendment by Pub. L. 9364 effective July 1, 1973, see section 206 of Pub. L. 9364, set out as a note under section 401 of this title.
Effective DatePub. L. 92129, title II, § 209, Sept. 28, 1971, 85 Stat. 359, provided that: “The foregoing provisions of this title [enacting this section and section 428 of this title and amending sections 203 and 403 of this title and sections 2204 and 2207 of the former Appendix to Title 50, War and National Defense] shall become effective on October 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of the former Appendix to Title 50] shall become effective July 1, 1971.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Application of IncreaseIn case of amendment by section 615 of Pub. L. 107314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107314, set out as a note under section 301d of this title.
Implementation of Subsection (b)Pub. L. 101510, div. A, title VI, § 617(b), Nov. 5, 1990, 104 Stat. 1579, provided that the Secretary of Defense could not implement subsec. (b) of this section, unless the Secretary submitted to the Committees on Armed Services of the Senate and House of Representatives a report justifying the need of the military departments for the authority provided in such subsection and describing the manner in which that authority would be implemented, prior to repeal by Pub. L. 106398, § 1 [[div. A], title VI, § 626(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A153.
Pay ContinuationEnactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92129, set out as a note under section 203 of this title.
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# 37 U.S.C. § 302c1 - Special pay: accession and retention bonuses for psychologists
## Text
(a) Accession Bonus.— (1) Accession bonus authorized.— A person described in paragraph (2) who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount, subject to subsection (c)(1), determined by the Secretary concerned.
(2) Eligible persons.— A person described in paragraph (1) is any person who—
(A) is a graduate of an accredited school of psychology; and
(B) holds a valid State license to practice as a doctoral level psychologist.
(3) Limitation on eligibility.— A person may not be paid a bonus under this subsection if—
(A) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; or
(B) the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.
(b) Multiyear Retention Bonus.— (1) Retention bonus authorized.— An officer described in paragraph (2) who executes a written agreement described in subsection (d) to remain on active duty for up to four years after completion of any other active-duty service commitment may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.
(2) Eligible officers.— An officer described in paragraph (1) is an officer of the armed forces who—
(A) is a psychologist of the armed forces;
(B) is in a pay grade below pay grade O7;
(C) has at least eight years of creditable service (computed as described in section 302b(f) of this title) or has completed any active-duty service commitment incurred for psychology education and training;
(D) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into the agreement under this subsection); and
(E) holds a valid State license to practice as a doctoral level psychologist.
(c) Maximum Amount of Bonus.— (1) Accession bonus.— The amount of an accession bonus under subsection (a) may not exceed $400,000.
(2) Retention bonus.— The amount of a retention bonus under subsection (b) may not exceed $25,000 for each year of the agreement of the officer concerned.
(d) Agreement.— The agreement referred to in subsections (a) and (b) shall provide that, consistent with the needs of the armed force concerned, the person or officer executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of such armed force as a psychologist.
(e) Repayment.— (1) Accession bonus.— A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a psychologist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(2) Retention bonus.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.
(f) Termination of Authority.— No agreement under subsection (a) or (b) may be entered into after December 31, 2018.
(Added Pub. L. 110417, [div. A], title VI, § 620(b)(1), Oct. 14, 2008, 122 Stat. 4490; amended Pub. L. 11184, div. A, title VI, § 612(b)(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(1), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(1), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 612(b)(1), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(1), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(1), Dec. 12, 2017, 131 Stat. 1421.)
## Notes
Editorial Notes
Amendments2017—Subsec. (f). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (f). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (f). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (f). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (f). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (f). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (f). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”.
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# 37 U.S.C. § 302c - Special pay: psychologists and nonphysician health care providers
## Text
(a) Public Health Service Corps.— A member who is—
(1) an officer in the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service and is designated as a psychologist; and
(2) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology,
is entitled to special pay, as provided in subsection (b).
(b) Rate of Special Pay.— The rate of special pay to which an officer is entitled pursuant to subsection (a) shall be—
(1) $2,000 per year, if the officer has less than 10 years of creditable service;
(2) $2,500 per year, if the officer has at least 10 but less than 12 years of creditable service;
(3) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service;
(4) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service; or
(5) $5,000 per year, if the officer has 18 or more years of creditable service.
(c) Army, Navy, and Air Force Psychologists.— The Secretary of Defense may provide special pay at the rates specified in subsection (b) to an officer who—
(1) is an officer in the Medical Service Corps of the Army or Navy or a biomedical sciences officer in the Air Force;
(2) is designated as a psychologist; and
(3) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology.
(d) Nonphysician Health Care Providers.— The Secretary concerned may authorize the payment of special pay at the rates specified in subsection (b) to an officer who—
(1) is an officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force, an officer in the Army Medical Specialist Corps, an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant, or an officer in the Regular or Reserve Corps 1 of the Public Health Service;
(2) is a health care provider (other than a psychologist);
(3) has a postbaccalaureate degree; and
(4) is certified by a professional board in the officers specialty.
(Added Pub. L. 100140, § 2(a), Oct. 26, 1987, 101 Stat. 830; amended Pub. L. 101189, div. A, title VII, § 704(a), (b)(1), (c), Nov. 29, 1989, 103 Stat. 1471; Pub. L. 101510, div. A, title VI, § 618(a), Nov. 5, 1990, 104 Stat. 1579; Pub. L. 10225, title VII, § 702(a)(2)(A), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102484, div. A, title VI, § 611, Oct. 23, 1992, 106 Stat. 2420; Pub. L. 104106, div. A, title VI, § 617, Feb. 10, 1996, 110 Stat. 362; Pub. L. 104201, div. A, title VI, § 614(b), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 10585, div. A, title X, § 1073(c)(5), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106398, § 1 [[div. A], title VI, § 627], Oct. 30, 2000, 114 Stat. 1654, 1654A153; Pub. L. 110181, div. A, title X, § 1063(b), Jan. 28, 2008, 122 Stat. 322.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 302c, added Pub. L. 96284, § 3(a)(1), June 28, 1980, 94 Stat. 589, related to special pay for medical officers of the Public Health Service, prior to repeal by Pub. L. 96513, title IV, § 414(a), Dec. 12, 1980, 94 Stat. 2906, eff. Sept. 15, 1981.
Amendments2008—Subsec. (d)(1). Pub. L. 110181 substituted “Service Corps” for “Services Corps”. 2000—Subsec. (d)(1). Pub. L. 106398 inserted “an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant,” after “nurse,”. 1997—Subsec. (d)(1). Pub. L. 10585 made technical correction to directory language of Pub. L. 104201, § 614(b)(2)(B). See 1996 Amendment note below. 1996—Subsec. (d). Pub. L. 104201, § 614(b)(1), substituted “Secretary concerned” for “Secretary of Defense” in introductory provisions. Subsec. (d)(1). Pub. L. 104201, § 614(b)(2)(B), as amended by Pub. L. 10585, inserted before semicolon at end “, or an officer in the Regular or Reserve Corps of the Public Health Service”. Pub. L. 104201, § 614(b)(2)(A), struck out “or” after “Nurse Corps of the Army or Navy,”. Pub. L. 104106 struck out “or” after “Air Force,” and inserted “, an officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse” before semicolon at end. 1992—Subsec. (d)(1). Pub. L. 102484 substituted “Navy,” for “Navy or” and inserted before semicolon at end “, or an officer in the Army Medical Specialist Corps”. 1991—Pub. L. 10225 amended section catchline generally. 1990—Subsec. (d). Pub. L. 101510 added subsec. (d). 1989—Pub. L. 101189, § 704(b)(1), struck out “in the Public Health Service Corps” after “psychologists” in section catchline. Subsecs. (a), (b). Pub. L. 101189, § 704(c), inserted headings. Subsec. (c). Pub. L. 101189, § 704(a), added subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 1997 AmendmentPub. L. 10585, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104201, as enacted.
Effective DatePub. L. 100140, § 2(c), Oct. 26, 1987, 101 Stat. 831, provided that: “The amendments made by this section [enacting this section and amending section 303a of this title] shall take effect on October 1, 1987 or on the date of the enactment of this Act [Oct. 26, 1987], whichever is later, and shall apply with respect to pay periods beginning on or after that effective date.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Implementation of Subsection (d)Pub. L. 101510, div. A, title VI, § 618(b), Nov. 5, 1990, 104 Stat. 1579, provided that: “The Secretary of Defense may not implement subsection (d) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report— “(1) justifying the need of the military departments for the authority provided in such subsection; and “(2) describing the manner in which that authority will be implemented.” [Report submitted to Committees on Apr. 29, 1994.]
Implementation of Special Pay for Army, Navy, and Air Force PsychologistsPub. L. 101189, div. A, title VII, § 704(d), Nov. 29, 1989, 103 Stat. 1471, provided that: “The Secretary of Defense may not implement subsection (c) of section 302c of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report— “(1) justifying the need of the military departments for the authority provided in such subsection; and “(2) describing the manner in which that authority will be implemented.” [Report submitted to Committees on Apr. 20, 1994.]
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# 37 U.S.C. § 302d - Special pay: accession bonus for registered nurses
## Text
(a) Accession Bonus Authorized.— (1) A person who is a registered nurse and who, during the period beginning on November 29, 1989, and ending on December 31, 2018, executes a written agreement described in subsection (c) to accept a commission as an officer and remain on active duty for a period of not less than three years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.
(2) The amount of an accession bonus under paragraph (1) may not exceed $30,000.
(b) Limitation on Eligibility for Bonus.— A person may not be paid a bonus under subsection (a) if—
(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a baccalaureate degree; or
(2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a registered nurse.
(c) Agreement.— The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, or an officer designated as a nurse in the commissioned corps of the Public Health Service.
(d) Repayment.— An officer who does not become and remain licensed as a registered nurse during the period for which the payment is made, or who does not complete the period of active duty specified in the agreement entered into under subsection (a), shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 101189, div. A, title VII, § 705(a)(1), Nov. 29, 1989, 103 Stat. 1471; amended Pub. L. 101510, div. A, title VI, § 613(a), title XIV, § 1484(d)(2), Nov. 5, 1990, 104 Stat. 1577, 1716; Pub. L. 102484, div. A, title VI, § 612(g), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103160, div. A, title VI, § 611(b), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103337, div. A, title VI, § 612(b), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104106, div. A, title VI, § 612(b), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104201, div. A, title VI, § 612(b), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 10585, div. A, title VI, § 612(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105261, div. A, title VI, § 612(b), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 10665, div. A, title VI, § 612(b), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106398, § 1 [[div. A], title VI, § 622(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A151; Pub. L. 107107, div. A, title VI, § 612(b), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107314, div. A, title VI, §§ 612(c), 615(e), Dec. 2, 2002, 116 Stat. 2567, 2568; Pub. L. 108136, div. A, title VI, § 612(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108375, div. A, title VI, §§ 612(c), 616(a), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109163, div. A, title VI, §§ 622(c), 687(b)(7), Jan. 6, 2006, 119 Stat. 3294, 3328; Pub. L. 109364, div. A, title VI, § 612(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110181, div. A, title VI, § 612(c), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110417, [div. A], title VI, § 612(c), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 612(b)(2), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(2), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(2), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 612(b)(2), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(2), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(2), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(2), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(2), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(2), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a)(1). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (a)(1). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (a)(1). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (a)(1). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (a)(1). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (a)(1). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (a)(1). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (a)(1). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (a)(1). Pub. L. 109364 substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 622(c), substituted “December 31, 2006” for “December 31, 2005”. Subsec. (d). Pub. L. 109163, § 687(b)(7), amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain licensed as a registered nurse or fails to complete total period of active duty. 2004—Subsec. (a)(1). Pub. L. 108375, § 616(a), substituted “three years” for “four years”. Pub. L. 108375, § 612(c), substituted “December 31, 2005” for “December 31, 2004”. 2003—Subsec. (a)(1). Pub. L. 108136 substituted “December 31, 2004” for “December 31, 2003”. 2002—Subsec. (a)(1). Pub. L. 107314, § 612(c), substituted “December 31, 2003” for “December 31, 2002”. Subsec. (a)(2). Pub. L. 107314, § 615(e), substituted “$30,000” for “$5,000”. 2001—Subsec. (a)(1). Pub. L. 107107 substituted “December 31, 2002” for “December 31, 2001”. 2000—Subsec. (a)(1). Pub. L. 106398 substituted “December 31, 2001” for “December 31, 2000”. 1999—Subsec. (a)(1). Pub. L. 10665 substituted “December 31, 2000” for “December 31, 1999”. 1998—Subsec. (a)(1). Pub. L. 105261 substituted “December 31, 1999” for “September 30, 1999”. 1997—Subsec. (a)(1). Pub. L. 10585 substituted “September 30, 1999” for “September 30, 1998”. 1996—Subsec. (a)(1). Pub. L. 104201 substituted “September 30, 1998” for “September 30, 1997”. Pub. L. 104106 substituted “September 30, 1997” for “September 30, 1996”. 1994—Subsec. (a)(1). Pub. L. 103337 substituted “September 30, 1996” for “September 30, 1995”. 1993—Subsec. (a)(1). Pub. L. 103160 substituted “September 30, 1995” for “September 30, 1993”. 1992—Subsec. (a). Pub. L. 102484 substituted “September 30, 1993” for “September 30, 1992”. 1990—Subsec. (a)(1). Pub. L. 101510, §§ 613(a), 1484(d)(2)(A), substituted “November 29, 1989,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991” and “September 30, 1992” for “September 30, 1991”. Subsec. (d)(4). Pub. L. 101510, § 1484(d)(2)(B), substituted “November 29, 1989” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective Date of 2004 AmendmentPub. L. 108375, div. A, title VI, § 616(b), Oct. 28, 2004, 118 Stat. 1948, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to agreements entered into under section 302d of title 37, United States Code, on or after the date of the enactment of this Act [Oct. 28, 2004].”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Application of IncreaseIn case of amendment by section 615 of Pub. L. 107314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107314, set out as a note under section 301d of this title.
Coverage of Period of Lapsed AuthorityFor provisions relating to coverage of period of lapsed authority from Oct. 1, 1993, to Nov. 30, 1993, for payment of accession bonus authorized under this section, see section 611(d) of Pub. L. 103160, set out as a note under section 2130a of Title 10, Armed Forces. 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. 102484, set out as a note under section 301b of this title.
@@ -0,0 +1,75 @@
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# 37 U.S.C. § 302e - Special pay: nurse anesthetists
## Text
(a) Special Pay Authorized.— (1) An officer described in subsection (b)(1) who, during the period beginning on November 29, 1989, and ending on December 31, 2018, executes a written agreement to remain on active duty for a period of one year or more may, upon the acceptance of the agreement by the Secretary concerned, be paid incentive special pay in an amount not to exceed $50,000 for any 12-month period.
(2) The Secretary concerned shall determine the amount of incentive special pay to be paid to an officer under paragraph (1). In determining that amount, the Secretary concerned shall consider the period of obligated service provided for in the agreement under that paragraph.
(b) Covered Officers.— (1) An officer referred to in subsection (a) is an officer of a uniformed service who—
(A) is an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, or an officer designated as a nurse in the commissioned corps of the Public Health Service;
(B) is a qualified certified registered nurse anesthetist; and
(C) is on active duty under a call or order to active duty for a period of not less than one year.
(2) The Secretary of Defense may extend the special pay authorized under subsection (a) to officers of the armed forces who serve in a nursing specialty (other than as nurse anesthetists) that—
(A) is designated by the Secretary of the military department concerned as critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements); and
(B) requires postbaccalaureate education and training.
(c) Termination of Agreement.— Under regulations prescribed by the Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, the Secretary concerned may terminate an agreement entered into under subsection (a). Upon termination of an agreement, the entitlement of the officer to special pay under this section and the agreed upon commitment to active duty of the officer shall end. If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.
(d) Payment.— Special pay payable to an officer under subsection (a) shall be paid annually at the beginning of the 12-month period for which the officer is to receive that payment.
(e) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 101189, div. A, title VII, § 706(a)(1), Nov. 29, 1989, 103 Stat. 1472; amended Pub. L. 101510, div. A, title VI, §§ 613(b), 614(a), (b), 618(c)(1), title XIV, § 1484(d)(3), Nov. 5, 1990, 104 Stat. 1577, 1578, 1579, 1716; Pub. L. 10225, title VII, § 702(a)(2)(B), (b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102484, div. A, title VI, § 612(i), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103160, div. A, title VI, § 611(c), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 103337, div. A, title VI, § 612(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104106, div. A, title VI, § 612(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104201, div. A, title VI, § 612(c), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 10585, div. A, title VI, § 612(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105261, div. A, title VI, § 612(c), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 10665, div. A, title VI, § 612(c), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106398, § 1 [[div. A], title VI, §§ 622(c), 626(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A151, 1654A153; Pub. L. 107107, div. A, title VI, § 612(c), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107314, div. A, title VI, §§ 612(d), 615(f), Dec. 2, 2002, 116 Stat. 2567, 2569; Pub. L. 108136, div. A, title VI, § 612(d), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108375, div. A, title VI, § 612(d), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109163, div. A, title VI, §§ 622(d), 687(b)(8), Jan. 6, 2006, 119 Stat. 3294, 3328; Pub. L. 109364, div. A, title VI, § 612(d), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110181, div. A, title VI, § 612(d), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110417, [div. A], title VI, § 612(d), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 612(b)(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(3), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(3), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 612(b)(3), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(3), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(3), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(3), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(3), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(3), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a)(1). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (a)(1). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (a)(1). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (a)(1). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (a)(1). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (a)(1). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (a)(1). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (a)(1). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (a)(1). Pub. L. 109364 substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 622(d), substituted “December 31, 2006” for “December 31, 2005”. Subsec. (c). Pub. L. 109163, § 687(b)(8)(A), substituted “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.” for “The officer may be required to refund that part of the special pay corresponding to the unserved period of active duty.” Subsec. (e). Pub. L. 109163, § 687(b)(8)(B), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty. 2004—Subsec. (a)(1). Pub. L. 108375 substituted “December 31, 2005” for “December 31, 2004”. 2003—Subsec. (a)(1). Pub. L. 108136 substituted “December 31, 2004” for “December 31, 2003”. 2002—Subsec. (a)(1). Pub. L. 107314, § 615(f), substituted “$50,000” for “$15,000”. Pub. L. 107314, § 612(d), substituted “December 31, 2003” for “December 31, 2002”. 2001—Subsec. (a)(1). Pub. L. 107107 substituted “December 31, 2002” for “December 31, 2001”. 2000—Subsec. (a)(1). Pub. L. 106398, § 1 [[div. A], title VI, § 622(c)], substituted “December 31, 2001” for “December 31, 2000”. Subsec. (b)(2)(A). Pub. L. 106398, § 1 [[div. A], title VI, § 626(b)(1)], substituted “the Secretary of the military department concerned” for “the Secretary”. 1999—Subsec. (a)(1). Pub. L. 10665 substituted “December 31, 2000” for “December 31, 1999”. 1998—Subsec. (a)(1). Pub. L. 105261 substituted “December 31, 1999” for “September 30, 1999”. 1997—Subsec. (a)(1). Pub. L. 10585 substituted “September 30, 1999” for “September 30, 1998”. 1996—Subsec. (a)(1). Pub. L. 104201 substituted “September 30, 1998” for “September 30, 1997”. Pub. L. 104106 substituted “September 30, 1997” for “September 30, 1996”. 1994—Subsec. (a)(1). Pub. L. 103337 substituted “September 30, 1996” for “September 30, 1995” and “$15,000” for “$6,000”. 1993—Subsec. (a)(1). Pub. L. 103160 substituted “September 30, 1995” for “September 30, 1993”. 1992—Subsec. (a)(1). Pub. L. 102484 substituted “September 30, 1993” for “September 30, 1992”. 1991—Pub. L. 10225, § 702(a)(2)(B), amended section catchline generally. Subsec. (d). Pub. L. 10225, § 702(b)(1), (c), struck out “of this section” after “subsection (a)”. 1990—Pub. L. 101510, § 618(c)(1), directed that section catchline be amended to read “§ 302c. Special pay: psychologists and nonphysician health care providers”. Subsec. (a)(1). Pub. L. 101510, § 1484(d)(3)(A), substituted “November 29, 1989,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”. Pub. L. 101510, § 614(b), substituted “subsection (b)(1)” for “subsection (b)”. Pub. L. 101510, § 613(b), substituted “September 30, 1992,” for “September 30, 1991,”. Subsec. (b). Pub. L. 101510, § 614(a), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2). Subsec. (e)(3). Pub. L. 101510, § 1484(d)(3)(B), substituted “November 29, 1989” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Application of IncreaseIn case of amendment by section 615 of Pub. L. 107314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107314, set out as a note under section 301d of this title.
Coverage of Period of Lapsed AuthorityFor provisions relating to coverage of period of lapsed authority from Oct. 1, 1993, to Nov. 30, 1993, for payment of special pay authorized under this section, see section 611(d) of Pub. L. 103160, set out as a note under section 2130a of Title 10, Armed Forces. 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. 102484, set out as a note under section 301b of this title.
Implementation of Subsection (b)(2)Pub. L. 101510, div. A, title VI, § 614(c), Nov. 5, 1990, 104 Stat. 1578, provided that the Secretary of Defense could not implement subsec. (b)(2) of this section, unless the Secretary submitted to the Committees on Armed Services of the Senate and House of Representatives a report justifying the need of the departments for the authority provided in such subsection and describing the manner in which that authority would be implemented, prior to repeal by Pub. L. 106398, § 1 [[div. A], title VI, § 626(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A153.
@@ -0,0 +1,69 @@
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# 37 U.S.C. § 302f - Special pay: reserve, recalled, or retained health care officers
## Text
(a) Eligible for Special Pay.— A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sections that—
(1) the call or order of the officer to active duty be for a period of not less than one year; or
(2) the officer execute a written agreement to remain on active duty for a period of not less than one year.
(b) Health Care Officers Described.— A health care officer referred to in subsection (a) is an officer of the armed forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who—
(1) is a reserve officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year;
(2) is involuntarily retained on active duty under section 12305 of title 10, or is recalled to active duty under section 688 of title 10 for a period of more than 30 days; or
(3) voluntarily agrees to remain on active duty for a period of less than one year at a time when—
(A) officers are involuntarily retained on active duty under section 12305 of title 10; or
(B) the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances justify the payment of special pay under this section.
(c) Monthly Payments.— Payment of special pay pursuant to this section may be made on a monthly basis. The officer shall repay in the manner provided in section 303a(e) of this title any amount received under this section in excess of the amount that corresponds to the actual period of active duty served by the officer.
(d) Special Rule for Reserve Medical and Dental Officers.— While a reserve medical or dental officer receives a special pay under section 302 or 302b of this title by reason of subsection (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title.
(Added Pub. L. 102190, div. A, title VI, § 634(a), Dec. 5, 1991, 105 Stat. 1381; amended Pub. L. 104106, div. A, title XV, § 1501(d)(4)(A), Feb. 10, 1996, 110 Stat. 500; Pub. L. 106398, § 1 [[div. A], title VI, § 625(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A153; Pub. L. 109163, div. A, title VI, § 687(b)(9), Jan. 6, 2006, 119 Stat. 3329.)
## Notes
Editorial Notes
Amendments2006—Subsec. (c). Pub. L. 109163 substituted “repay in the manner provided in section 303a(e) of this title” for “refund”. 2000—Subsec. (d). Pub. L. 106398 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “While a reserve medical officer receives a special pay under section 302 of this title by reason of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section.” 1996—Subsec. (b)(2), (3)(A). Pub. L. 104106 substituted “section 12305 of title 10” for “section 673c of title 10”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104106, set out as a note under section 113 of Title 10, Armed Forces.
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Active Duty in Connection With Operation Desert StormPub. L. 10225, title III, § 304, Apr. 25, 1991, 105 Stat. 81, as amended by Pub. L. 102190, div. A, title VI, § 656, Dec. 5, 1991, 105 Stat. 1393, provided that: “(a) Eligible for Special Pay.—A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), notwithstanding any requirement in those sections that—“(1) the call or order of the officer to active duty be for a period of not less than one year; or “(2) the officer execute a written agreement to remain on active duty for a period of not less than one year. “(b) Health Care Officers Described.—A health care officer referred to in subsection (a) is an officer of the Armed Forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code, and who—“(1) is a reserve officer on active duty under a call or order to active duty for a period of less than one year in connection with Operation Desert Storm; “(2) is involuntarily retained on active duty under section 673c [now 12305] of title 10, United States Code, or is recalled to active duty under section 688 of that title, in connection with Operation Desert Storm; or “(3) voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm. “(c) Monthly Payments.—Payment of special pay pursuant to this section may be made on a monthly basis. If the service on active duty of an officer described in subsection (b) is terminated before the end of the period for which a payment is made to the officer under subsection (a), the officer is entitled to special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), only for the portion of that period that the officer actually served on active duty. The officer shall refund any amount received in excess of the amount that corresponds to the period of active duty of the officer. “(d) Special Rule for Reserve Medical Officer.—While a reserve medical officer receives a special pay under section 302 of title 37, United States Code, by operation of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section. “(e) Period of Applicability.—Subsection (a) shall apply during the period beginning on August 1, 1990, and ending on the first day of the first month beginning on or after the date 180 days after the end of the Persian Gulf conflict.”
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# 37 U.S.C. § 302g - Special pay: Selected Reserve health care professionals in critically short wartime specialties
## Text
(a) Special Pay Authorized.— An officer of a reserve component of the armed forces described in subsection (b) who executes a written agreement under which the officer agrees to serve in the Selected Reserve of an armed force for a period of not less than one year nor more than three years, beginning on the date the officer accepts the award of special pay under this section, may be paid special pay at an annual rate not to exceed $25,000.
(b) Eligible Officers.— An officer referred to in subsection (a) is an officer in a health care profession who is qualified in a specialty designated by regulations as a critically short wartime specialty.
(c) Time for Payment.— Special pay under this section shall be paid annually at the beginning of each twelve-month period for which the officer has agreed to serve.
(d) Repayment.— An officer who does not complete the period of service in the Selected Reserve specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.
(e) Termination of Agreement Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 104106, div. A, title VI, § 614(a)(1), Feb. 10, 1996, 110 Stat. 360; amended Pub. L. 104201, div. A, title VI, § 611(a), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 10585, div. A, title VI, § 611(a), Nov. 18, 1997, 111 Stat. 1785; Pub. L. 105261, div. A, title VI, § 611(a), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 10665, div. A, title VI, § 611(a), Oct. 5, 1999, 113 Stat. 649; Pub. L. 106398, § 1 [[div. A], title VI, § 621(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A151; Pub. L. 107107, div. A, title VI, § 611(a), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107314, div. A, title VI, § 612(e), Dec. 2, 2002, 116 Stat. 2567; Pub. L. 108136, div. A, title VI, § 612(e), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108375, div. A, title VI, § 612(e), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109163, div. A, title VI, §§ 622(e), 687(b)(10), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109364, div. A, title VI, §§ 612(e), 616(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110181, div. A, title VI, § 612(e), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110417, [div. A], title VI, § 612(e), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 612(b)(4), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(4), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(4), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 612(b)(4), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(4), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(4), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(4), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(4), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(4), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 100456, div. A, title VI, § 613, Sept. 29, 1988, 102 Stat. 1981, which was set out as a note under section 302 of this title, prior to repeal by Pub. L. 104106, § 614(c)(1).
Amendments2017—Subsec. (e). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (e). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (e). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (e). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (e). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (e). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (e). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (e). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (a). Pub. L. 109364, § 616(a), substituted “$25,000” for “$10,000”. Subsec. (d). Pub. L. 109163, § 687(b)(10)(A), (B), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “An officer who voluntarily terminates service in the Selected Reserve of an armed force before the end of the period for which a payment was made to such officer under this section shall refund to the United States the full amount of the payment made for the period on which the payment was based.” Subsec. (e). Pub. L. 109364, § 612(e), substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 687(b)(10)(A), (C), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: “A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the person receiving special pay under the agreement from the debt arising under the agreement.” Subsec. (f). Pub. L. 109163, § 687(b)(10)(C), redesignated subsec. (f) as (e). Pub. L. 109163, § 622(e), substituted “December 31, 2006” for “December 31, 2005”. 2004—Subsec. (f). Pub. L. 108375 substituted “December 31, 2005” for “December 31, 2004”. 2003—Subsec. (f). Pub. L. 108136 substituted “December 31, 2004” for “December 31, 2003”. 2002—Subsec. (f). Pub. L. 107314 substituted “December 31, 2003” for “December 31, 2002”. 2001—Subsec. (f). Pub. L. 107107 substituted “December 31, 2002” for “December 31, 2001”. 2000—Subsec. (f). Pub. L. 106398 substituted “December 31, 2001” for “December 31, 2000”. 1999—Subsec. (f). Pub. L. 10665 substituted “December 31, 2000” for “December 31, 1999”. 1998—Subsec. (f). Pub. L. 105261 substituted “December 31, 1999” for “September 30, 1999”. 1997—Subsec. (f). Pub. L. 10585 substituted “September 30, 1999” for “September 30, 1998”. 1996—Subsec. (f). Pub. L. 104201 substituted “September 30, 1998” for “September 30, 1997”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective Date of 2006 AmendmentPub. L. 109364, div. A, title VI, § 616(b), Oct. 17, 2006, 120 Stat. 2249, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 302g of title 37, United States Code, on or after that date.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 302h - Special pay: accession bonus for dental officers
## Text
(a) Accession Bonus Authorized.— (1) A person who is a graduate of an accredited dental school and who, during the period beginning on September 23, 1996, and ending on December 31, 2018, executes a written agreement described in subsection (c) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.
(2) The amount of an accession bonus under paragraph (1) may not exceed $200,000.
(b) Limitation on Eligibility for Bonus.— A person may not be paid a bonus under subsection (a) if—
(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in dentistry; or
(2) the Secretary concerned determines that the person is not qualified to become and remain certified and licensed as a dentist.
(c) Agreement.— The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed service concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer.
(d) Repayment.— A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 104201, div. A, title VI, § 615(c)(1), Sept. 23, 1996, 110 Stat. 2545; amended Pub. L. 107107, div. A, title VI, § 618, Dec. 28, 2001, 115 Stat. 1137; Pub. L. 107314, div. A, title VI, § 612(f), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108136, div. A, title VI, § 612(f), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108375, div. A, title VI, § 612(f), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109163, div. A, title VI, §§ 622(f), 687(b)(11), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109364, div. A, title VI, §§ 612(f), 617(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110181, div. A, title VI, § 612(f), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110417, [div. A], title VI, § 612(f), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 612(b)(5), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(5), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(5), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 612(b)(5), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(5), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(5), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(5), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(5), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(5), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a)(1). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (a)(1). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (a)(1). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (a)(1). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (a)(1). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (a)(1). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (a)(1). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (a)(1). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (a)(1). Pub. L. 109364, § 612(f), substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 622(f), substituted “December 31, 2006” for “December 31, 2005”. Subsec. (a)(2). Pub. L. 109364, § 617(a), substituted “$200,000” for “$30,000”. Subsec. (d). Pub. L. 109163, § 687(b)(11), amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain certified or licensed as dentist or fails to complete total period of active duty. 2004—Subsec. (a)(1). Pub. L. 108375 substituted “December 31, 2005” for “December 31, 2004”. 2003—Subsec. (a)(1). Pub. L. 108136 substituted “December 31, 2004” for “December 31, 2003”. 2002—Subsec. (a)(1). Pub. L. 107314 substituted “December 31, 2003” for “December 31, 2002”. 2001—Subsec. (a)(1). Pub. L. 107107 substituted “September 23, 1996, and ending on December 31, 2002” for “the date of the enactment of this section, and ending on September 30, 2002”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective Date of 2006 AmendmentPub. L. 109364, div. A, title VI, § 617(e), Oct. 17, 2006, 120 Stat. 2251, provided that: “The amendments made by this section [enacting sections 302k and 302l of this title and amending this section] shall take effect on October 1, 2006, and shall apply to agreements— “(1) entered into or revised under section 302h of title 37, United States Code, on or after that date; or “(2) entered into under section 302k or 302l of such title, as added by subsections (b) and (c), on or after that date.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 302i - Special pay: pharmacy officers
## Text
(a) Army, Navy, and Air Force Pharmacy Officers.— Under regulations prescribed pursuant to section 303a of this title, the Secretary of the military department concerned may, subject to subsection (c), pay retention special pay under this section to an officer who—
(1) is a pharmacy officer in the Medical Service Corps of the Army or Navy or the Biomedical Sciences Corps of the Air Force; and
(2) is on active duty under a call or order to active duty for a period of not less than one year.
(b) Public Health Service Corps.— Subject to subsection (c), the Secretary of Health and Human Services may pay retention special pay under this section to an officer who—
(1) is an officer in the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service and is designated as a pharmacy officer; and
(2) is on active duty under a call or order to active duty for a period of not less than one year.
(c) Limitation on Eligibility for Special Pay.— Special pay may not be paid under this section to an officer serving in a pay grade above pay grade O6.
(d) Limitation on Amount of Special Pay.— The amount of retention special pay paid to an officer under this section may not exceed $15,000 for any 12-month period.
(Added Pub. L. 106398, § 1 [[div. A], title VI, § 628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A154; amended Pub. L. 107314, div. A, title VI, § 615(g), Dec. 2, 2002, 116 Stat. 2569.)
## Notes
Editorial Notes
Amendments2002—Subsecs. (a), (b). Pub. L. 107314, § 615(g)(1), substituted “retention special pay under this section” for “special pay at the rates specified in subsection (d)”. Subsec. (c). Pub. L. 107314, § 615(g)(2), inserted “on Eligibility for Special Pay” after “Limitation” in heading. Subsec. (d). Pub. L. 107314, § 615(g)(3), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “The rate of special pay paid to an officer under subsection (a) or (b) is as follows: “(1) $3,000 per year, if the officer is undergoing pharmacy internship training or has less than 3 years of creditable service. “(2) $7,000 per year, if the officer has at least 3 but less than 6 years of creditable service and is not undergoing pharmacy internship training. “(3) $7,000 per year, if the officer has at least 6 but less than 8 years of creditable service. “(4) $12,000 per year, if the officer has at least 8 but less than 12 years of creditable service. “(5) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service. “(6) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service. “(7) $8,000 per year, if the officer has 18 or more years of creditable service.”
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Application of IncreaseIn case of amendment by section 615 of Pub. L. 107314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107314, set out as a note under section 301d of this title.
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# 37 U.S.C. § 302j - Special pay: accession bonus for pharmacy officers
## Text
(a) Accession Bonus Authorized.— A person who is a graduate of an accredited pharmacy school and who, during the period beginning on October 30, 2000, and ending on December 31, 2018, executes a written agreement described in subsection (d) to accept a commission as an officer of a uniformed service and remain on active duty for a period of not less than 4 years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.
(b) Limitation on Amount of Bonus.— The amount of an accession bonus under subsection (a) may not exceed $30,000.
(c) Limitation on Eligibility for Bonus.— A person may not be paid a bonus under subsection (a) if—
(1) the person, in exchange for an agreement to accept an appointment as a warrant or commissioned officer, received financial assistance from the Department of Defense or the Department of Health and Human Services to pursue a course of study in pharmacy; or
(2) the Secretary concerned determines that the person is not qualified to become and remain licensed as a pharmacist.
(d) Agreement.— The agreement referred to in subsection (a) shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement shall be assigned to duty, for the period of obligated service covered by the agreement, as a pharmacy officer in the Medical Service Corps of the Army or Navy, a biomedical sciences officer in the Air Force designated as a pharmacy officer, or a pharmacy officer of the Public Health Service.
(e) Repayment.— A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become and remain certified or licensed as a pharmacist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 106398, § 1 [[div. A], title VI, § 628(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A154; amended Pub. L. 107314, div. A, title X, § 1062(c)(1), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108375, div. A, title VI, § 612(g), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109163, div. A, title VI, §§ 622(g), 687(b)(12), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109364, div. A, title VI, § 612(g), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110181, div. A, title VI, § 612(g), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110417, [div. A], title VI, § 612(g), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 612(b)(6), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(6), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(6), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 612(b)(6), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(6), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(6), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(6), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(6), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(6), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (a). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (a). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (a). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (a). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (a). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (a). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (a). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (a). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (a). Pub. L. 109364 substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 622(g), substituted “December 31, 2006” for “December 31, 2005”. Subsec. (e). Pub. L. 109163, § 687(b)(12), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to become and remain licensed as pharmacist or fails to complete total period of active duty. 2004—Subsec. (a). Pub. L. 108375 substituted “October 30, 2000, and ending on December 31, 2005” for “the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and ending on September 30, 2004”. 2002—Subsec. (a). Pub. L. 107314 substituted “subsection (d)” for “subsection (c)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 302k - Special pay: accession bonus for medical officers in critically short wartime specialties
## Text
(a) Accession Bonus Authorized.— A person who is a graduate of an accredited school of medicine or osteopathy in a specialty designated by regulations as a critically short wartime specialty and who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned.
(b) Amount of Bonus.— The amount of an accession bonus under subsection (a) may not exceed $400,000.
(c) Limitation on Eligibility for Bonus.— A person may not be paid a bonus under subsection (a) if—
(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in medicine or osteopathy; or
(2) the Secretary concerned determines that the person is not qualified to become and remain certified as a doctor or osteopath in a specialty designated by regulations as a critically short wartime specialty.
(d) Agreement.— The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Medical Corps of the Army or the Navy or as an officer of the Air Force designated as a medical officer in a specialty designated by regulations as a critically short wartime specialty.
(e) Repayment.— A person who, after executing an agreement under subsection (a) is not commissioned as an officer of the armed forces, does not become licensed as a doctor or osteopath, as the case may be, or does not complete the period of active duty in a specialty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.
(f) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 109364, div. A, title VI, § 617(b), Oct. 17, 2006, 120 Stat. 2249; amended Pub. L. 110181, div. A, title VI, § 612(h), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110417, [div. A], title VI, § 612(h), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 612(b)(7), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(7), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 612(b)(7), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(7), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(7), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(7), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(7), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(7), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (f). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (f). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (f). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (f). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (f). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (f). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (f). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (f). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective DateSection effective Oct. 1, 2006, and applicable to agreements entered into on or after that date, see section 617(e) of Pub. L. 109364, set out as an Effective Date of 2006 Amendment note under section 302h of this title.
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# 37 U.S.C. § 302l - Special pay: accession bonus for dental specialist officers in critically short wartime specialties
## Text
(a) Accession Bonus Authorized.— A person who is a graduate of an accredited dental school in a specialty designated by regulations as a critically short wartime specialty and who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in the amount determined by the Secretary concerned.
(b) Amount of Bonus.— The amount of an accession bonus under subsection (a) may not exceed $400,000.
(c) Limitation on Eligibility for Bonus.— A person may not be paid a bonus under subsection (a) if—
(1) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in dentistry; or
(2) the Secretary concerned determines that the person is not qualified to become and remain certified as a dentist in a specialty designated by regulations as a critically short wartime specialty.
(d) Agreement.— The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed force concerned, the person executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of the Dental Corps of the Army or the Navy or as an officer of the Air Force designated as a dental officer in a specialty designated by regulations as a critically short wartime specialty.
(e) Repayment.— A person who, after executing an agreement under subsection (a) is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty in a specialty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.
(f) Coordination With Other Accession Bonus Authority.— A person eligible to execute an agreement under both subsection (a) and section 302h of this title shall elect which authority to execute the agreement under. A person may not execute an agreement under both subsection (a) and such section 302h.
(g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 109364, div. A, title VI, § 617(c), Oct. 17, 2006, 120 Stat. 2250; amended Pub. L. 110181, div. A, title VI, § 612(i), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110417, [div. A], title VI, § 612(i), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 11184, div. A, title VI, § 612(b)(8), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 612(b)(8), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 612(b)(8), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 612(b)(8), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 612(b)(8), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 612(b)(8), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 612(b)(8), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 612(b)(8), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 612(b)(8), Dec. 12, 2017, 131 Stat. 1422.)
## Notes
Editorial Notes
Amendments2017—Subsec. (g). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (g). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (g). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (g). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (g). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (g). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective DateSection effective Oct. 1, 2006, and applicable to agreements entered into on or after that date, see section 617(e) of Pub. L. 109364, set out as an Effective Date of 2006 Amendment note under section 302h of this title.
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# 37 U.S.C. § 303 - Special pay: veterinarians
## Text
(a) Monthly Special Pay.— Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:
(1) A commissioned officer—
(A) of the Regular Army who is in the Veterinary Corps;
(B) of the Regular Air Force who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine; or
(C) who is a veterinary officer of the Regular Corps of the Public Health Service.
(2) A commissioned officer—
(A) of a Reserve component of the Army who is in the Veterinary Corps of the Army;
(B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who—
(i) is designated as a veterinary officer; or
(ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or
(C) who is a veterinary officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service,
who is on active duty as a result of a call or order to active duty for a period of at least one year.
(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be.
(b) Additional Special Pay for Board Certification.— A commissioned officer entitled to special pay under subsection (a) who has been certified as a Diplomate in a specialty recognized by the American Veterinarian Medical Association is entitled to special pay (in addition to the special pay under subsection (a)) at the same rate as is provided under section 302c(b) of this title for an officer referred to in that section who has the same number of years of creditable service as the commissioned officer.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 882, § 5, Mar. 28, 1963, 77 Stat. 4; Pub. L. 9040, § 5, June 30, 1967, 81 Stat. 105; Pub. L. 92129, title I, § 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 9364, title II, § 203, July 9, 1973, 87 Stat. 149; Pub. L. 95114, § 3, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95485, title VIII, § 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96284, § 4(c), June 28, 1980, 94 Stat. 591; Pub. L. 10026, § 8(d)(3), Apr. 21, 1987, 101 Stat. 285; Pub. L. 100180, div. A, title XII, § 1232, Dec. 4, 1987, 101 Stat. 1161; Pub. L. 10225, title VII, § 702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 10665, div. A, title VI, § 616(a), Oct. 5, 1999, 113 Stat. 652; Pub. L. 106398, § 1 [[div. A], title VI, § 629], Oct. 30, 2000, 114 Stat. 1654, 1654A155.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 303(a)303(b)37:234(b) (less 1st proviso, as applicable to veterinarians).37:234(c).37:234(b) (1st proviso, as applicable to veterinarians).Oct. 12, 1949, ch. 681, § 203(b) (as applicable to veterinarians), (c), 63 Stat. 809; June 25, 1952, ch. 459, § 1, 66 Stat. 156; June 29, 1953, ch. 158, § 8 (as applicable to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, § 203, 69 Stat. 225; Apr. 30, 1956, ch. 223, § 5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 864, § 5, 73 Stat. 13. In subsection (a), clause (1) is substituted for section 234(c)(1), (2), and (3) of existing title 37. The words “of the Regular Army” and “of the Regular Air Force” are inserted in clauses (1)(A) and (B), respectively, since in contradistinction to section 234(c)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2)(A) and (B) are substituted for the enumeration of categories in section 234(c)(4) of existing title 37 to reflect current usage and designations of those categories. Clause (3) is substituted for section 234(c)(5) and (6) of existing title 37. Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete. Section 234(b) (last proviso) of existing title 37 is omitted as inapplicable to veterinarians. In subsection (b), the words “disability retirement pay” are omitted as covered by the words “retired pay”.
Editorial Notes
Amendments2000—Subsec. (a)(1)(B). Pub. L. 106398, § 1 [[div. A], title VI, § 629(1)], substituted “who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine” for “who is designated as a veterinary officer”. Subsec. (a)(2)(B). Pub. L. 106398, § 1 [[div. A], title VI, § 629(2)], added subpar. (B) and struck out former subpar. (B) which read as follows: “of a Reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who is designated as a veterinary officer of the Army or the Air Force, as the case may be; or”. 1999—Pub. L. 10665 designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b). 1991—Par. (3). Pub. L. 10225 struck out “of this subsection” after “clause (1) or (2)”. 1987—Pub. L. 100180 substituted semicolon for comma at end of par. (2)(A) and “; or” for “, or” at end of par. (2)(B). Pub. L. 10026 substituted “A” for “a” at beginning of pars. (1) to (3), semicolon for comma at end of par. (1)(A), “; or” for “, or” at end of par. (1)(B), period for semicolon at end of par. (1)(C), and period for “; and” at end of par. (2); and directed substitution of semicolon for comma at end of par. (1)(B) which could not be executed because no comma appeared at end of par. (1)(B). 1980—Pub. L. 96284 substituted “Each” for “(a) In addition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each”, struck out “beginning on or after October 1, 1977” after “active duty”, struck out subsec. (b) which prohibited inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980. 1978—Subsec. (c). Pub. L. 95485 substituted “September 1980” for “September 1978”. 1977—Subsec. (a). Pub. L. 95114 amended subsec. (a) to provide for the reinstatement of special pay provisions for veterinarians for each month on active duty beginning on or after Oct. 1, 1977. Subsecs. (b), (c). Pub. L. 95114 reenacted subsec. (b) without change and added subsec. (c). 1973—Subsec. (a). Pub. L. 9364 substituted “July 1, 1975” for “July 1, 1973” wherever appearing. 1971—Subsec. (a). Pub. L. 92129 substituted “July 1, 1973” for “July 1, 1971” wherever appearing. 1967—Subsec. (a). Pub. L. 9040 substituted “July 1, 1971” for “July 1, 1967” wherever appearing. 1963—Subsec. (a). Pub. L. 882 substituted “July 1, 1967” for “July 1, 1963” wherever appearing.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 1999 AmendmentPub. L. 10665, div. A, title VI, § 616(b), Oct. 5, 1999, 113 Stat. 652, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on and after that date.”
Effective Date of 1977 AmendmentAmendment by Pub. L. 95114 effective Oct. 1, 1977, see section 4 of Pub. L. 95114, set out as a note under section 302a of this title.
Effective Date of 1973 AmendmentAmendment by Pub. L. 9364 effective July 1, 1973, see section 206 of Pub. L. 9364, set out as a note under section 401 of this title.
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# 37 U.S.C. § 303a - Special pay: general provisions
## Text
(a) The Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, shall prescribe regulations for the administration of sections 301d, 302 through 302j, and 303 of this title.
(b) (1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service is entitled to special pay under a provision of this chapter in the same amounts, and under the same terms and conditions, as a commissioned officer of the armed forces is entitled to special pay under that provision.
(2) A commissioned medical officer in the Regular or Reserve Corps 1 of the Public Health Service (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of this title for any period during which the officer is providing obligated service under the following provisions of law:
(A) Section 338B of the Public Health Service Act (42 U.S.C. 254l1).
(B) Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977.
(C) Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981.
(c) Special pay authorized under sections 301d, 302 through 302j, and 303 of this title is in addition to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing retired pay, separation pay, severance pay, or readjustment pay.
(d) The Secretary of Defense shall conduct a review every two years of the special pay for health professionals authorized by sections 301d, 302 through 302j, and 303 of this title.
(e) Repayment of Unearned Portion of Bonuses and Other Benefits When Conditions of Payment not Met; Termination of Entitlement to Unpaid Amounts.— (1) (A) Except as provided in paragraphs (2) and (3), a member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(B) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar benefit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. For the military departments, this subsection shall be administered under regulations prescribed by the Secretary of Defense.
(2) (A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned—
(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(B) In this paragraph, the term “sole survivorship discharge” means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which—
(i) the father or mother or one or more siblings—
(I) served in the Armed Forces; and
(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and
(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.
(3) (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned—
(i) shall not require repayment by the member or the members estate of the unearned portion of any bonus or similar benefit previously paid to the member; and
(ii) shall require the payment to the member or the members estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.
(B) Subparagraph (A) does not apply if the death or disability of the member is the result of the members misconduct.
(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation.
(D) Amounts to be paid to a member or the members estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.
(E) In this paragraph, the term “combat-related disability” has the meaning given that term in section 1413a(e) of title 10.
(4) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after—
(A) the date of the termination of the agreement or contract on which the debt is based; or
(B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based.
(5) In this subsection:
(A) The term “bonus or similar benefit” means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this subsection.
(B) The term “service”, as used in paragraph (4)(B), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned—
(i) to remain on active duty or in an active status in a reserve component;
(ii) to perform duty in a specified skill, with or without a specified qualification or credential;
(iii) to perform duty at a specified location; or
(iv) to perform duty for a specified period of time.
(Added Pub. L. 96284, § 5(a), June 28, 1980, 94 Stat. 592; amended Pub. L. 96513, title V, § 506(6), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 100140, § 2(b)(1), Oct. 26, 1987, 101 Stat. 831; Pub. L. 101189, div. A, title VII, §§ 705(b), 706(b), Nov. 29, 1989, 103 Stat. 1472, 1473; Pub. L. 101510, div. A, title VI, § 611(d), title XIII, § 1322(c)(2), title XIV, § 1484(c)(1), Nov. 5, 1990, 104 Stat. 1577, 1672, 1716; Pub. L. 102484, div. A, title X, § 1054(a)(3), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 104106, div. A, title VI, § 614(b), Feb. 10, 1996, 110 Stat. 361; Pub. L. 104201, div. A, title VI, § 615(c)(3), Sept. 23, 1996, 110 Stat. 2546; Pub. L. 106398, § 1 [[div. A], title VI, §§ 628(b), 634(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A155, 1654A159; Pub. L. 109163, div. A, title VI, § 687(a)(1), (e)(1), Jan. 6, 2006, 119 Stat. 3326, 3336; Pub. L. 110317, § 2(a), Aug. 29, 2008, 122 Stat. 3526; Pub. L. 110417, [div. A], title VI, § 651(a), (b), Oct. 14, 2008, 122 Stat. 4495; Pub. L. 11184, div. A, title VI, § 617(a), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title X, § 1075(c)(1), Jan. 7, 2011, 124 Stat. 4372.)
## Notes
Editorial Notes
References in TextSection 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977, referred to in subsec. (b)(2)(B), is section 225(e) of act July 1, 1944, ch. 373, which was classified to section 234(e) of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 94484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2281, effective Oct. 1, 1977. Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981, referred to in subsec. (b)(2)(C), is section 752 of act July 1, 1944, ch. 373, title VII, as added Pub. L. 94484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2284; amended Pub. L. 95626, title I, § 113(b), Nov. 10, 1978, 92 Stat. 3563; Pub. L. 9676, title II, § 202(a), (b), Sept. 29, 1979, 93 Stat. 582, which was classified to section 294u of Title 42, The Public Health and Welfare. Section 752 was renumbered section 338B of act July 1, 1944, and amended, by Pub. L. 9735, title XXVII, § 2709(a), (c), Aug. 13, 1981, 95 Stat. 908, 909. It was subsequently renumbered section 338C of act July 1, 1944, and further amended, and is now classified to section 254m of Title 42.
Amendments2011—Subsec. (e)(3)(B). Pub. L. 111383 inserted “of” after “result”. 2009—Subsec. (e)(1)(A). Pub. L. 11184, § 617(a)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”. Subsec. (e)(1)(B), (2). Pub. L. 11184, § 617(a)(5), redesignated subpar. (B), relating to sole survivorship discharge, as par. (2). Former par. (2) redesignated (3). Subsec. (e)(3) to (5). Pub. L. 11184, § 617(a)(2)(4), redesignated pars. (2) to (4) as (3) to (5), respectively, and, in par. (5)(B), substituted “paragraph (4)(B)” for “paragraph (3)(B)” in introductory provisions. 2008—Subsec. (e). Pub. L. 110417, § 651(a)(1), inserted “; Termination of Entitlement to Unpaid Amounts” after “Met” in heading. Subsec. (e)(1). Pub. L. 110417, § 651(a)(2)(A), which directed substitution of “(A) Except as provided in paragraph (2), a member” for “A member”, could not be executed because of prior amendment by 110317. See below. Pub. L. 110317, § 2(a)(1), substituted “(A) Except as provided in paragraph (2), a member” for “A member”. Subsec. (e)(1)(A). Pub. L. 110417, § 651(a)(2)(B), substituted “the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States” for “the requirements, except in certain circumstances authorized by the Secretary concerned”. Subsec. (e)(1)(B). Pub. L. 110417, § 651(a)(3), redesignated par. (2) as subpar. (B) of par. (1) relating to sole survivorship discharge. Pub. L. 110317, § 2(a)(2), redesignated par. (2) as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e). Subsec. (e)(2). Pub. L. 110417, § 651(b), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1) relating to sole survivorship discharge. Pub. L. 110317, § 2(a)(3), added par. (2). Former par. (2) redesignated as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e). 2006—Pub. L. 109163, § 687(e)(1), substituted “Special pay: general provisions” for “Special pay: health professionals; general provisions” in section catchline. Subsec. (e). Pub. L. 109163, § 687(a)(1), added subsec. (e). 2000—Pub. L. 106398, § 1 [[div. A], title VI, § 628(b)], substituted “302j” for “302h” wherever appearing. Subsecs. (b) to (d). Pub. L. 106398, § 1 [[div. A], title VI, § 634(a)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1996—Pub. L. 104201 substituted “302h” for “302g” wherever appearing. Pub. L. 104106 substituted “302 through 302g,” for “302, 302a, 302b, 302c, 302d, 302e,” wherever appearing. 1992—Subsec. (b). Pub. L. 102484 struck out “301d,” after “such sections”. 1990—Subsec. (a). Pub. L. 101510, §§ 611(d), 1484(c)(1), inserted “301d,” after “sections” and substituted “and 303” for “303, and 311”. Subsec. (b). Pub. L. 101510, § 611(d), inserted “301d,” after “sections” wherever appearing. Subsec. (c). Pub. L. 101510, §§ 611(d), 1322(c)(2), 1484(c)(1), inserted “301d,” after “sections”, substituted “and 303” for “303, and 311”, and struck out at end “A report shall be submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year thereafter on the results of the review for the preceding two-year period.” 1989—Pub. L. 101189 inserted “302d, 302e,” after “302c,” wherever appearing. 1987—Pub. L. 100140 inserted “302c,” after “302b,” wherever appearing. 1980—Subsec. (a). Pub. L. 96513, § 506(6)(A), struck out reference to sections 302c and 313 of this title. Subsec. (b). Pub. L. 96513, § 506(6)(B), (C), struck out reference to section 302c of this title and inserted reference to separation pay.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 2008 AmendmentAmendment by Pub. L. 110317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110317, set out as a note under section 2108 of Title 5, Government Organization and Employees.
Effective Date of 2006 AmendmentPub. L. 109163, div. A, title VI, § 687(a)(2), Jan. 6, 2006, 119 Stat. 3327, as amended by Pub. L. 109364, div. A, title X, § 1071(e)(6), Oct. 17, 2006, 120 Stat. 2401, provided that: “In the case of a provision of law amended by subsection (b), (c), or (d) of this section [amending sections 301b, 301d, 301e, 302, 302a, 302b, 302d to 302h, 302j, 307a, 308, 308b, 308c, 308g to 308i, 309, 312, 312b, 314 to 319, and 321 to 327 of this title, sections 510, 2005, 2007, 2105, 2123, 2130a, 2173, 2200a, 4348, 6959, 9348, 16135, 16203, 16303, and 16401 of Title 10, Armed Forces, and section 182 of Title 14, Coast Guard], paragraph (3) of subsection (e) of section 303a of title 37, United States Code, as added by this subsection, shall apply to any case commenced under title 11, United States Code, after March 30, 2006.”
Effective Date of 1987 AmendmentAmendment by Pub. L. 100140 effective Oct. 26, 1987, and applicable to pay periods beginning on or after such date, see section 2(c) of Pub. L. 100140, set out as an Effective Date note under section 302c of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Sept. 15, 1981, see section 701 of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces.
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# 37 U.S.C. § 303b - Waiver of board certification requirements
## Text
(a) Certification Interrupted by Contingency Operation.— A member of the armed forces described in subsection (b) who completes the board certification or recertification requirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title before the end of the period established for the member in subsection (c) shall be paid special pay under the applicable section for active duty performed during the period beginning on the date on which the member was assigned to duty in support of a contingency operation and ending on the date of that certification or recertification if the Secretary of Defense determines that the member was unable to schedule or complete that certification or recertification earlier because of that duty.
(b) Eligible Members Described.— A member of the armed forces referred to in subsection (a) is a member who—
(1) is a medical or dental officer or a nonphysician health care provider;
(2) has completed any required residency training; and
(3) was, except for the board certification requirement, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title during a duty assignment in support of a contingency operation.
(c) Period for Certification.— The period referred to in subsection (a) for completion of board certification or recertification requirements with respect to a member of the armed forces is the 180-day period (extended for such additional time as the Secretary of Defense determines to be appropriate) beginning on the date on which the member is released from the duty to which the member was assigned in support of a contingency operation.
(Added Pub. L. 102190, div. A, title VI, § 635(a), Dec. 5, 1991, 105 Stat. 1382.)
## Notes
Statutory Notes and Related Subsidiaries
Operation Desert Storm Duty AssignmentsPub. L. 10225, title III, § 305, Apr. 6, 1991, 105 Stat. 82, provided that: “(a) Certification Interrupted by Operation Desert Storm.—A member of the Armed Forces described in subsection (b) who completes the board certification or recertification requirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of title 37, United States Code, before the end of the period established for the member in subsection (c) shall be paid special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title (whichever applies) for active duty performed after November 5, 1990, and before the date of that certification and recertification if the Secretary of Defense determines that the member was unable to schedule or complete that certification or recertification earlier because of a duty assignment in connection with Operation Desert Storm. “(b) Eligible Members Described.—A member of the Armed Forces referred to in subsection (a) is a member who—“(1) is a medical or dental officer or a nonphysician health care provider; “(2) has completed any required residency training; and “(3) was, except for the board certification requirement, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title during the duty assignment in connection with Operation Desert Storm. “(c) Period for Certification.—The period referred to in subsection (a) for completion of board certification or recertification requirements with respect to a member of the Armed Forces is the 180-day period (extended for such additional time as the Secretary of Defense determines to be appropriate) beginning on the date that the member is released from the duty to which the member was assigned in connection with Operation Desert Storm.”
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# 37 U.S.C. § 304 - Special pay: diving duty
## Text
(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set forth in subsection (b), for periods during which the member—
(1) is assigned by orders to the duty of diving;
(2) is required to maintain proficiency as a diver by frequent and regular dives; and
(3) either—
(A) actually performs diving duty while serving in an assignment for which diving is a primary duty; or
(B) meets the requirements to maintain proficiency as described in paragraph (2) while serving in an assignment that includes diving duty other than as a primary duty.
(b) Special pay payable under subsection (a) shall be paid at a rate of not more than $240 a month, in the case of an officer, and at a rate of not more than $340 a month, in the case of an enlisted member.
(c) If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in section 301 of this title, the member may be paid, for the same period of service, special pay under this section and incentive pay under such section 301 for each hazardous duty for which the member is qualified.
(d) (1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when a member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under section 206 of this title performs diving duty, pursuant to orders, such member is entitled to an increase in compensation equal to 130 of the monthly special pay prescribed by the Secretary concerned for the performance of diving duty by a member of comparable diving classification who is entitled to basic pay under section 204 of this title. Such member is entitled to the increase—
(A) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; or
(B) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title.
(2) This subsection does not apply to a member who is entitled to basic pay under section 204 of this title.
(e) In time of war, the President may suspend the payment of diving duty pay.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 9760, title I, § 115, Oct. 14, 1981, 95 Stat. 995; Pub. L. 100180, div. A, title VI, § 624(a), Dec. 4, 1987, 101 Stat. 1103; Pub. L. 10225, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105261, div. A, title VI, § 616(a), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 10665, div. A, title VI, § 617(a), (b), Oct. 5, 1999, 113 Stat. 652.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 304(a)304(b)37:236(a), (b).37:236(c).Oct. 12, 1949, ch. 681, § 205, 63 Stat. 810; Mar. 31, 1955, ch. 20, § 2(8)(10), 69 Stat. 21; Aug. 17, 1961, Pub. L. 87145, § 1, 75 Stat. 382. In subsection (a), the last sentence is substituted for section 236(b) of existing title 37. The word “competent” is omitted as surplusage.
Editorial Notes
Amendments1999—Subsec. (b). Pub. L. 10665, § 617(a), substituted “$240” for “$200” and “$340” for “$300”. Subsec. (c). Pub. L. 10665, § 617(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A member may be paid special pay under this section and incentive pay under section 301 of this title for the same period of service only if the member is assigned by orders to a hazardous duty described in section 301(a) of this title in addition to diving duty. However, if a member is paid special pay under this section, the member is not entitled to more than one payment of incentive pay under section 301 of this title.” 1998—Subsec. (a)(3). Pub. L. 105261 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “actually performs diving duty.” 1991—Subsec. (a). Pub. L. 10225 struck out “of this section” after “subsection (b)”. Subsec. (b). Pub. L. 10225 struck out “of this section” after “subsection (a)”. 1987—Subsecs. (d), (e). Pub. L. 100180 added subsec. (d) and redesignated former subsec. (d) as (e). 1981—Pub. L. 9760 revised provisions of subsec. (a) into new subsecs. (a), (b), and (c), redesignated subsec. (b) as (d), and, in provisions of subsec. (a) as revised, added to enumeration of conditions attached to entitlement to special pay requirement that the member maintain proficiency as a diver by frequent and regular dives, substituted a rate of $200 a month for officers and $300 a month for enlisted men for former rate of $110 a month for all members, and inserted provisions authorizing payment of both special pay under this section and incentive pay under section 301 of this title in specified circumstances.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentPub. L. 10665, div. A, title VI, § 617(c), Oct. 5, 1999, 113 Stat. 652, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to special pay paid under such section for months beginning on or after that date.”
Effective Date of 1998 AmendmentPub. L. 105261, div. A, title VI, § 616(b), Oct. 17, 1998, 112 Stat. 2041, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1998, and shall apply with respect to months beginning on or after that date.”
Effective Date of 1987 AmendmentPub. L. 100180, div. A, title VI, § 624(b), Dec. 4, 1987, 101 Stat. 1104, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the first day of the fourth calendar month following the month in which this Act is enacted [Dec. 1987] and shall apply only with respect to diving duty performed on or after that date.”
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# 37 U.S.C. § 305b - Special pay: service as member of Weapons of Mass Destruction Civil Support Team
## Text
(a) Special Pay Authorized.— The Secretary of a military department may pay special pay under this subsection to members of an armed force under the jurisdiction of the Secretary who are entitled to basic pay under section 204 and are assigned by orders to duty as members of a Weapons of Mass Destruction Civil Support Team if the Secretary determines that the payment of such special pay is needed to address recruitment or retention concerns in that armed force.
(b) Monthly Rate.— The monthly rate of special pay under subsection (a) may not exceed $150.
(c) Inclusion of Reserve Component Members Performing Inactive Duty Training.— (1) To the extent funds are made available to carry out this subsection, the Secretary of a military department may pay the special pay under subsection (a) to members of a reserve component of the armed forces who are entitled to compensation under section 206 of this title and who perform duty under orders as members of a Weapons of Mass Destruction Civil Support Team.
(2) The amount of the special pay for a member referred to in paragraph (1) shall be equal to 130 of the monthly special pay rate in effect under subsection (b) for each day on which the member performs duty under orders as members of a Weapons of Mass Destruction Civil Support Team.
(d) Regulations.— Special pay under this section shall be provided in accordance with regulations prescribed by the Secretary of Defense.
(e) Definition.— In this section, the term “Weapons of Mass Destruction Civil Support Team” means a team of members of the reserve components of the armed forces that is established under section 12310(c) of title 10 in support of emergency preparedness programs to prepare for or to respond to any emergency involving the use of a weapon of mass destruction.
(Added Pub. L. 108136, div. A, title VI, § 624(a), Nov. 24, 2003, 117 Stat. 1505.)
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# 37 U.S.C. § 306 - Special pay: officers holding positions of unusual responsibility and of critical nature
## Text
(a) (1) The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay special pay, in addition to other pay prescribed by law, to an officer of an armed force described in paragraph (2) who is performing the duties of such a position, at the following monthly rates: Pay GradeMonthly Rate O6$150 O5100 O4 and below50
(2) An officer of the armed forces referred to in paragraph (1) is an officer who is entitled to the basic pay under section 204 of this title, or the compensation under section 206 of this title, of pay grade O6 or below.
(b) If an officer entitled to compensation under section 206 of this title is paid special pay under subsection (a) for the performance of duties in a position designated under such subsection, the special pay shall be paid at the rate of 130 of the monthly rate authorized by such subsection for each day of the performance of duties in the designated position.
(c) The Secretary concerned shall prescribe the criteria and circumstances under which officers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay.
(d) (1) Not more than 5 percent of the number of officers on active duty (other than for training or mobilization in support of a contingency operation) in an armed force in each of the pay grades O3 and below, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade O4, O5, or O6, may be paid special pay under this section.
(2) Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training or mobilization in support of a contingency operation), not more than 5 percent of the number of such officers in each of the pay grades O3 and below, and not more than 10 percent of the number of such officers in pay grade O4, O5, or O6, may be paid special pay under subsection (b).
(e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.
(f) This section does not apply to a person who is entitled to special pay under section 302, 302a, 302b, or 303 of this title.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96284, § 6, June 28, 1980, 94 Stat. 593; Pub. L. 96470, title II, § 202(b), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 97322, title I, § 116, Oct. 15, 1982, 96 Stat. 1586; Pub. L. 101510, div. A, title XIII, § 1322(c)(3), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102587, title V, § 5205, Nov. 4, 1992, 106 Stat. 5074; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108136, div. A, title VI, § 616, Nov. 24, 2003, 117 Stat. 1502.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 306(a)37:241(a) (less last sentence).Oct. 12, 1949, ch. 681, § 210; added May 20, 1958, Pub. L. 85422, § 1(8), 72 Stat. 126. 306(b)37:241(a) (last sentence). 306(c)37:241(b). 306(d)37:241(c). 306(e)37:241(d). 306(f)37:241(e). In subsection (a), the words “an armed force under his jurisdiction” are substituted for the words “the service concerned” in the first sentence of section 241(a) of existing title 37 to conform to the last sentence of that subsection. In subsection (c), the words “(other than for training)” are inserted for clarity, since members on duty for training only are not included in computing strength authorizations.
Editorial Notes
Amendments2003—Subsec. (a). Pub. L. 108136, § 616(a)(1), designated existing provisions as par. (1), substituted “described in paragraph (2)” for “who is entitled to the basic pay of pay grade O6 or below and”, and added par. (2). Subsec. (b). Pub. L. 108136, § 616(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 108136, § 616(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 108136, § 616(b), designated existing provisions as par. (1), inserted “or mobilization in support of a contingency operation” after “training”, and added par. (2). Pub. L. 108136, § 616(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsecs. (e), (f). Pub. L. 108136, § 616(a)(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively. 2002—Subsec. (d). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 1992—Subsec. (a). Pub. L. 102587, § 5205(a), substituted “of pay grade O6 or below” for “of pay grade O3, O4, O5, or O6” in text and amended table by substituting “O4 and below” for “O4” and striking out line providing monthly rate of $50 for pay grade O3. Subsec. (c). Pub. L. 102587, § 5205(b), substituted “in each of the pay grades O3 and below,” for “in pay grade O3,”. 1990—Subsec. (f). Pub. L. 101510 struck out subsec. (f) which read as follows: “The Secretary of Defense shall report to Congress by March 1 of each year following a calendar year in which special pay is disbursed under this section. Negative reports need not be submitted.” 1982—Subsec. (f). Pub. L. 97322 struck out last sentence providing that the Secretary of Transportation shall make a similar report for the Coast Guard when the Coast Guard is not operating as a service in the Navy. 1980—Subsec. (e). Pub. L. 96284 made section inapplicable to a person entitled to special pay under section 302a or 302b of this title. Subsec. (f). Pub. L. 96470 substituted provision requiring the Secretary of Defense to report by Mar. 1 of each year following a calendar year in which special pay is disbursed under this section and providing that negative reports need not be submitted for provision requiring the Secretary of Defense to report by Mar. 1 of each year on the administration of this section within each military department during the preceding calendar year. 1968—Subsecs. (d), (f). Pub. L. 90623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90623 intended to restate without substantive change the law in effect on October 22, 1968, see section 6 of Pub. L. 90623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
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# 37 U.S.C. § 306a - Special pay: members assigned to international military headquarters
## Text
Not more than nine members of the armed forces, including members detailed to international military headquarters, may be paid pay and allowances at rates referred to in section 625(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)).
(Added Pub. L. 98525, title XIV, § 1402(b)(1), Oct. 19, 1984, 98 Stat. 2621.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in the following prior appropriations acts: Oct. 12, 1984, Pub. L. 98473, title I, § 101(h) [title VIII, § 8005], 98 Stat. 1904, 1922. Dec. 8, 1983, Pub. L. 98212, title VII, § 708, 97 Stat. 1438. Dec. 21, 1982, Pub. L. 97377, title I, § 101(c) [title VII, § 708], 96 Stat. 1833, 1850. Dec. 29, 1981, Pub. L. 97114, title VII, § 708, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96527, title VII, § 708, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96154, title VII, § 708, 93 Stat. 1152. Oct. 13, 1978, Pub. L. 95457, title VIII, § 808, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95111, title VIII, § 807, 91 Stat. 899. Sept. 22, 1976, Pub. L. 94419, title VII, § 707, 90 Stat. 1291. Feb. 9, 1976, Pub. L. 94212, title VII, § 707, 90 Stat. 168. Oct. 8, 1974, Pub. L. 93437, title VIII, § 807, 88 Stat. 1225. Jan. 2, 1974, Pub. L. 93238, title VII, § 707, 87 Stat. 1038. Oct. 26, 1972, Pub. L. 92570, title VII, § 707, 86 Stat. 1196. Dec. 18, 1971, Pub. L. 92204, title VII, § 707, 85 Stat. 727. Jan. 11, 1971, Pub. L. 91668, title VIII, § 807, 84 Stat. 2030. Dec. 29, 1969, Pub. L. 91171, title VI, § 607, 83 Stat. 480.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1985, see section 1404 of Pub. L. 98525, set out as a note under section 520b of Title 10, Armed Forces.
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# 37 U.S.C. § 307 - Special pay: special duty assignment pay for enlisted members
## Text
(a) An enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $600.
(b) The Secretary concerned shall determine which enlisted members under his jurisdiction are to be paid special duty assignment pay under subsection (a). He shall also designate those skills within each armed force under his jurisdiction for which special duty assignment pay is authorized and shall prescribe the criteria under which members of that armed force are eligible for special duty assignment pay in each skill. He may increase, decrease, or abolish such pay for any skill.
(c) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.
(d) (1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when an enlisted member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under section 206 of this title performs duty for which a member described in subsection (a) is entitled to special pay under such subsection, the member of the National Guard or reserve component is entitled to an increase in compensation equal to 130 of the monthly special duty assignment pay prescribed by the Secretary concerned for the performance of that same duty by members described in subsection (a).
(2) A member of the National Guard or a reserve component entitled to an increase in compensation under paragraph (1) is entitled to the increase—
(A) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; or
(B) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title.
(3) This subsection does not apply to a member of the National Guard or a reserve component who is entitled to basic pay under section 204 of this title.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 90623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 98525, title VI, § 623(b)(1), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 10225, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104106, div. A, title VI, § 619(a), Feb. 10, 1996, 110 Stat. 363; Pub. L. 106398, § 1 [[div. A], title VI, §§ 631, 632(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A156; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 307(a)307(b)307(c)307(d)37:240(a).37:240(b).37:240(c).37:240(d).Oct. 12, 1949, ch. 681, § 209; added May 20, 1958, Pub. L. 85422, § 1(8), 72 Stat. 125. In subsection (a)(1), the words “prescribed in section 232(a) of this title” and “in accordance with his cumulative years of service for pay purposes” are omitted as surplusage and as covered by sections 201, 202, and 203 of this revised title. In subsection (a)(2), the words “special or incentive pays” are omitted as surplusage. In subsections (a)(1) and (b), the word “allowances” is omitted, since, under sections 402 and 403 of this revised title, allowances depend upon pay grade to which assigned, or in which distributed for basic pay purposes. In subsection (b), the words “computed under section 205 of this title” are substituted for the words “cumulative . . . for pay purposes”.
Editorial Notes
Amendments2002—Subsec. (c). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 2000—Subsec. (a). Pub. L. 106398, § 1 [[div. A], title VI, § 631], substituted “$600” for “$275” and struck out at end “In the case of a member who is serving as a military recruiter and is eligible for special duty assignment pay under this subsection on account of such duty, the Secretary concerned may increase the monthly rate of special duty assignment pay for the member to not more than $375.” Subsec. (d). Pub. L. 106398, § 1 [[div. A], title VI, § 632(a)], added subsec. (d). 1996—Subsec. (a). Pub. L. 104106 inserted at end “In the case of a member who is serving as a military recruiter and is eligible for special duty assignment pay under this subsection on account of such duty, the Secretary concerned may increase the monthly rate of special duty assignment pay for the member to not more than $375.” 1991—Subsec. (a). Pub. L. 10225 struck out “of this section” after “subsection (b)”. Subsec. (b). Pub. L. 10225 struck out “of this section” after “subsection (a)”. 1984—Pub. L. 98525 substituted “special duty assignment pay for enlisted members” for “proficiency pay for enlisted members” in section catchline. Subsec. (a). Pub. L. 98525 substituted provisions directing that an enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) of this section as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $275, for provisions which directed that an enlisted member of a uniformed service who was entitled to basic pay and was designated as being specially proficient in a military skill of the uniformed service concerned could (1) be advanced to an enlisted pay grade that was higher than his pay grade at the time of his designation and be entitled to the basic pay and special or incentive pay of that higher grade, or (2) in addition to other pay or allowances to which he was entitled under this title, be paid proficiency pay at a monthly rate that was not more than the rate prescribed in a table for the proficiency rating to which he was assigned, setting maximum monthly rates of $50, $100, or $150. Subsec. (b). Pub. L. 98525 redesignated subsec. (c) as (b), substituted references to special duty assignment pay for former references to proficiency pay, and struck out provisions which had authorized the Secretary to elect one of two methods formerly set out in subsecs. (a)(1) and (a)(2) for paying each uniformed service under his jurisdiction, with a proviso that if he elected to have proficiency pay paid under former subsec. (a)(1) of this section, enlisted members in a military grade or rank assigned to pay grade E8 or E9 could be paid proficiency pay at a monthly rate that is not more than the highest rate prescribed by subsection (a)(2) of this section, but if he elected to have proficiency pay paid under subsection (a)(2) of this section, he could prescribe, within the limitations set forth in that subsection, the pay for each proficiency rating prescribed therein. Former subsec. (b), which had provided that an enlisted member who had less than 8 or 10 years, as the case might be, of enlisted service computed under section 205 of this title and who had been advanced under subsection (a)(1) of this section to pay grade E8 or E9, respectively, was entitled to the minimum amount of basic pay and special or incentive pay prescribed for that pay grade until his years of service computed under that section entitled him to a higher rate of those pays, was struck out. Subsecs. (c), (d). Pub. L. 98525 redesignated subsec. (d) as (c) and substituted “armed forces under his jurisdiction” for “uniformed services under his jurisdiction”. Former subsec. (c) redesignated (b) and amended. 1968—Subsec. (d). Pub. L. 90623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 2000 AmendmentPub. L. 106398, § 1 [[div. A], title VI, § 632(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A157, provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 2000.”
Effective Date of 1996 AmendmentPub. L. 104106, div. A, title VI, § 619(b), Feb. 10, 1996, 110 Stat. 363, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1996.”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98525 effective Oct. 1, 1984, see section 623(c) of Pub. L. 98525, set out as a note under section 305a of this title.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90623 intended to restate without substantive change the law in effect on Oct. 22, 1968 see section 6 of Pub. L. 90623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
Members Entitled to Special Pay as of September 30, 1984Pub. L. 98525, title VI, § 623(b)(3), Oct. 19, 1984, 98 Stat. 2542, provided that: “A member of the uniformed services who, on September 30, 1984, was entitled to special pay under section 307 of title 37, United States Code [this section], as in effect on such date, may continue to be paid the special pay authorized by such section as though the amendments made by this subsection [amending this section] had not been made. However, a member may not be paid the special pay authorized by such section as in effect on September 30, 1984, and the special pay authorized by such section as amended by this section.”
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# 37 U.S.C. § 307a - Special pay: assignment incentive pay
## Text
(a) Authority.— The Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.
(b) Written Agreement.— (1) The Secretary concerned may require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a monthly basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the monthly rate of the incentive pay.
(2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.
(c) Maximum Rate or Amount.— (1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000.
(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of—
(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and
(B) the number of months in the period for which incentive pay will be paid pursuant to the agreement.
(3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to—
(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by
(B) the number of installments over such period.
(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.
(d) Repayment.— A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title.
(e) Relationship to Other Pay and Allowances.— Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(f) Status Not Affected by Temporary Duty or Leave.— The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of—
(1) temporary duty performed by the member pursuant to orders; or
(2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty.
(g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 107314, div. A, title VI, § 616(a)(1), Dec. 2, 2002, 116 Stat. 2569; amended Pub. L. 108375, div. A, title VI, §§ 614(b), 617(a), (b), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109163, div. A, title VI, §§ 624(b), 628, 687(b)(13), Jan. 6, 2006, 119 Stat. 3295, 3296, 3329; Pub. L. 109364, div. A, title VI, § 614(b), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110417, [div. A], title VI, § 614(b), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 11184, div. A, title VI, § 615(2), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title VI, § 615(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 615(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 615(2), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 615(2), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 615(2), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 615(2), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 615(2), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 615(2), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Amendments2017—Subsec. (g). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (g). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (g). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (g). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (g). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (g). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. 2006—Subsec. (a). Pub. L. 109163, § 628(a)(1), struck out “monthly” before “incentive pay” and inserted at end “Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.” Subsec. (b). Pub. L. 109163, § 628(a)(2), designated existing provisions as par. (1), substituted “the payment of incentive pay on a monthly basis” for “incentive pay” in first sentence, and added par. (2). Subsec. (c). Pub. L. 109163, § 628(b), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The maximum monthly rate of incentive pay payable to a member under this section is $1,500.” Subsec. (d). Pub. L. 109163, § 687(b)(13), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “(1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions and circumstances warrant. “(2) An obligation to repay 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 the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).” Pub. L. 109163, § 628(c), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109163, § 628(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 109163, § 628(c)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Pub. L. 109163, § 624(b), substituted “December 31, 2007” for “December 31, 2006”. Subsec. (g). Pub. L. 109364 substituted “December 31, 2008” for “December 31, 2007”. Pub. L. 109163, § 628(c)(1), redesignated subsec. (f) as (g). 2004—Subsec. (b). Pub. L. 108375, § 617(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The period for which incentive pay will be provided under this section and the monthly rate of the incentive pay for a member shall be specified in a written agreement between the Secretary concerned and the member. Agreements entered into by the Secretary of a military department shall require the concurrence of the Secretary of Defense.” Subsec. (e). Pub. L. 108375, § 617(b), substituted “by reason of—” and pars. (1) and (2) for “by reason of temporary duty performed by the member pursuant to orders or absence of the member for authorized leave.” Subsec. (f). Pub. L. 108375, § 614(b), substituted “December 31, 2006” for “December 31, 2005”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108375, div. A, title VI, § 617(c), Oct. 28, 2004, 118 Stat. 1949, provided that: “Paragraph (2) of section 307a(e) of title 37, United States Code, as added by subsection (b), shall apply with respect to authorized leave occurring on or after the date of the enactment of this Act [Oct. 28, 2004].”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Payment of Assignment Incentive Pay for Reserve Members Serving in Combat Zone for More Than 22 MonthsPub. L. 110181, div. A, title VI, § 624, Jan. 28, 2008, 122 Stat. 153, as amended by Pub. L. 111383, div. A, title X, § 1075(f)(1), Jan. 7, 2011, 124 Stat. 4375, provided that: “(a) Payment.—The Secretary of a military department may pay assignment incentive pay under section 307a of title 37, United States Code, to a member of a reserve component under the jurisdiction of the Secretary for each month during the eligibility period of the member determined under subsection (b) during which the member served for any portion of the month in a combat zone associated with Operation Enduring Freedom or Operation Iraqi Freedom in excess of 22 months of qualifying service. “(b) Eligibility Period.—The eligibility period for a member extends from January 1, 2005, through the end of the active duty service of the member in a combat zone associated with Operation Enduring Freedom or Operation Iraqi Freedom if the service on active duty during the members most recent period of mobilization to active duty began before January 19, 2007. “(c) Amount of Payment.—The monthly rate of incentive pay payable to a member under this section is $1,000. “(d) Qualifying Service.—For purposes of this section, qualifying service includes cumulative mobilized service on active duty under sections 12301(d), 12302, and 12304 of title 10, United States Code, during the period beginning on January 1, 2003, through the end of the members active duty service during the members most recent period of mobilization to active duty beginning before January 19, 2007.”
Annual ReportPub. L. 107314, div. A, title VI, § 616(b), Dec. 2, 2002, 116 Stat. 2570, provided that not later than Feb. 28, 2004, and Feb. 28, 2005, the Secretary of Defense was to submit to Congress a report on the use of the authority provided under this section, including an assessment of the utility of that authority.
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# 37 U.S.C. § 308a - Repealed. Pub. L. 106398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A153]
## Notes
Section, added Pub. L. 92129, title II, § 203(a), Sept. 28, 1971, 85 Stat. 358; amended Pub. L. 9364, title II, § 204, July 9, 1973, 87 Stat. 149; Pub. L. 93277, § 2(2), May 10, 1974, 88 Stat. 120; Pub. L. 9557, § 2, June 29, 1977, 91 Stat. 253; Pub. L. 95485, title VIII, § 802(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96342, title VIII, § 804(b), Sept. 8, 1980, 94 Stat. 1092; Pub. L. 9760, title I, § 117(b), Oct. 14, 1981, 95 Stat. 996; Pub. L. 97276, title I, § 131, Oct. 2, 1982, 96 Stat. 1197; Pub. L. 97377, title I, § 101(c) [title VII, § 798], Dec. 21, 1982, 96 Stat. 1833, 1865; Pub. L. 9814, § 1, Mar. 30, 1983, 97 Stat. 55; Pub. L. 98525, title VI, § 621(a), Oct. 19, 1984, 98 Stat. 2540; Pub. L. 100180, div. A, title VI, § 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101189, div. A, title VI, § 612(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 102484, div. A, title VI, § 612(b), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103160, div. A, title VI, § 613(c), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103337, div. A, title VI, § 613(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104106, div. A, title VI, § 613(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104201, div. A, title VI, § 613(c), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 10585, div. A, title VI, § 613(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105261, div. A, title VI, § 613(c), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 10665, div. A, title VI, §§ 613(c), 619(a)(c), Oct. 5, 1999, 113 Stat. 650, 652, 653, related to enlistment bonuses.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 106398, § 1 [[div. A], title VI, § 624(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A153, provided that: “The amendments made by subsection (b) [repealing this section and section 308f of this title] shall take effect on October 1, 2000. The repeal of sections 308a and 308f of title 37, United States Code, by such subsection shall not affect the validity or terms of any bonus provided under such sections for enlistments in the Armed Forces made before that date.”
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# 37 U.S.C. § 308d - Special pay: members of the Selected Reserve assigned to certain high priority units
## Text
(a) Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a member who is assigned to a high priority unit of the Selected Reserve of the Ready Reserve of an armed force, as designated under subsection (b), and who performs inactive duty for training for compensation under section 206 of this title with such unit may be paid compensation, in addition to the compensation to which the member is otherwise entitled, in an amount not to exceed $50 for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least four hours, including any such instruction or duty performed on a Sunday or holiday.
(b) The Secretary concerned may designate a unit, for the purposes of subsection (a) and under such terms and conditions as the Secretary considers appropriate, as a high priority unit if that unit has experienced, or reasonably might be expected to experience, critical personnel shortages. The Secretary may vacate a designation made under this subsection at any time he considers the designation no longer necessary.
(c) Additional compensation may not be paid under this section for inactive duty performed after December 31, 2018.
(Added Pub. L. 101189, div. A, title V, § 505(a)(1), Nov. 29, 1989, 103 Stat. 1437; amended Pub. L. 102190, div. A, title VI, § 612(b)(1), Dec. 5, 1991, 105 Stat. 1376; Pub. L. 102484, div. A, title VI, § 612(e), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103160, div. A, title VI, § 613(d), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103337, div. A, title VI, § 613(d), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104106, div. A, title VI, § 613(d), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104201, div. A, title VI, § 611(d), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 10585, div. A, title VI, § 611(d), Nov. 18, 1997, 111 Stat. 1785; Pub. L. 105261, div. A, title VI, § 611(d), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 10665, div. A, title VI, §§ 611(d), 621, Oct. 5, 1999, 113 Stat. 650, 653; Pub. L. 106398, § 1 [[div. A], title VI, § 621(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A151; Pub. L. 107107, div. A, title VI, § 611(d), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107314, div. A, title VI, § 611(c), Dec. 2, 2002, 116 Stat. 2567; Pub. L. 108136, div. A, title VI, § 611(c), Nov. 24, 2003, 117 Stat. 1500; Pub. L. 108375, div. A, title VI, § 611(c), Oct. 28, 2004, 118 Stat. 1946; Pub. L. 109163, div. A, title VI, §§ 621(b), 632(a)(c)(1), Jan. 6, 2006, 119 Stat. 3294, 3299; Pub. L. 109364, div. A, title VI, § 611(c), Oct. 17, 2006, 120 Stat. 2247; Pub. L. 110181, div. A, title VI, § 611(c), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110417, [div. A], title VI, § 611(c), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 611(3), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111383, div. A, title VI, § 611(3), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 611(3), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 611(3), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 611(3), Dec. 26, 2013, 127 Stat. 779; Pub. L. 113291, div. A, title VI, § 611(3), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 11492, div. A, title VI, § 611(3), Nov. 25, 2015, 129 Stat. 837; Pub. L. 114328, div. A, title VI, § 611(3), Dec. 23, 2016, 130 Stat. 2157; Pub. L. 11591, div. A, title VI, § 611(3), Dec. 12, 2017, 131 Stat. 1421.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 308d, added Pub. L. 96342, title VIII, § 805(a)(1), Sept. 8, 1980, 94 Stat. 1092, related to special pay and to a bonus for enlistment, reenlistment, or extension of enlistment in elements of the Ready Reserve other than the Selected Reserve, prior to repeal by Pub. L. 9894, title X, § 1011(b)(1), Sept. 24, 1983, 97 Stat. 664, effective Oct. 1, 1983. See sections 308g and 308h of this title.
Amendments2017—Subsec. (c). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (c). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (c). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (c). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (c). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (c). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (c). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (c). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Pub. L. 109163, § 632(c)(1), substituted “Special pay: members of the Selected Reserve assigned to certain high priority units” for “Special pay: enlisted members of the Selected Reserve assigned to certain high priority units” in section catchline. Subsec. (a). Pub. L. 109163, § 632(a), (b), substituted “a member” for “an enlisted member” and “$50” for “$10”. Subsec. (c). Pub. L. 109364 substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 621(b), substituted “December 31, 2006” for “December 31, 2005”. 2004—Subsec. (c). Pub. L. 108375 substituted “December 31, 2005” for “December 31, 2004”. 2003—Subsec. (c). Pub. L. 108136 substituted “December 31, 2004” for “December 31, 2003”. 2002—Subsec. (a). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. Subsec. (c). Pub. L. 107314 substituted “December 31, 2003” for “December 31, 2002”. 2001—Subsec. (c). Pub. L. 107107 substituted “December 31, 2002” for “December 31, 2001”. 2000—Subsec. (c). Pub. L. 106398 substituted “December 31, 2001” for “December 31, 2000”. 1999—Subsec. (a). Pub. L. 10665, § 621, inserted “or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy,” after “Secretary of Defense,”. Subsec. (c). Pub. L. 10665, § 611(d), substituted “December 31, 2000” for “December 31, 1999”. 1998—Subsec. (c). Pub. L. 105261 substituted “December 31, 1999” for “September 30, 1999”. 1997—Subsec. (c). Pub. L. 10585 substituted “September 30, 1999” for “September 30, 1998”. 1996—Subsec. (c). Pub. L. 104201 substituted “September 30, 1998” for “September 30, 1997”. Pub. L. 104106 substituted “September 30, 1997” for “September 30, 1996”. 1994—Subsec. (c). Pub. L. 103337 substituted “September 30, 1996” for “September 30, 1995”. 1993—Subsec. (c). Pub. L. 103160 substituted “September 30, 1995” for “September 30, 1993”. 1992—Subsec. (c). Pub. L. 102484 substituted “September 30, 1993” for “September 30, 1992”. 1991—Subsec. (c). Pub. L. 102190 substituted “1992” for “1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1993 AmendmentPub. L. 103160, div. A, title VI, § 613(h)(2), Nov. 30, 1993, 107 Stat. 1682, provided that: “The amendment made by subsection (d) [amending this section] shall take effect as of September 30, 1993, and shall apply with respect to inactive duty for training performed after that date for which special pay is authorized under section 308d of title 37, United States Code.”
Effective Date of 1992 AmendmentPub. L. 102484, div. A, title VI, § 612(j)(1), Oct. 23, 1992, 106 Stat. 2421, provided that: “The amendment made by subsection (e) [amending this section] shall take effect as of September 30, 1992, and shall apply with respect to inactive duty for training performed after that date for which special pay is authorized under section 308d of title 37, United States Code.”
Effective Date of 1991 AmendmentPub. L. 102190, div. A, title VI, § 612(b)(2), Dec. 5, 1991, 105 Stat. 1376, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as of September 30, 1991, and shall apply with respect to inactive duty for training performed after that date for which special pay is authorized under section 308d of such title.”
Report to CongressPub. L. 101189, div. A, title V, § 505(b), Nov. 29, 1989, 103 Stat. 1438, directed Secretary of Defense, not later than May 1, 1991, to submit to Congress a report on the administration of the special pay program provided for in 37 U.S.C. 308d.
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# 37 U.S.C. § 308e - Repealed. Pub. L. 109163, div. A, title VI, § 631(b), Jan. 6, 2006, 119 Stat. 3299]
## Notes
Section, added Pub. L. 96342, title VIII, § 805(a)(1), Sept. 8, 1980, 94 Stat. 1093; amended Pub. L. 9786, title V, § 505, Dec. 1, 1981, 95 Stat. 1109; Pub. L. 99145, title VI, § 645(a), Nov. 8, 1985, 99 Stat. 654; Pub. L. 100180, div. A, title VI, § 626(b), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101189, div. A, title VI, § 613, Nov. 29, 1989, 103 Stat. 1446; Pub. L. 10225, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102484, div. A, title VI, § 612(d), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103160, div. A, title VI, § 612(c), Nov. 30, 1993, 107 Stat. 1680; Pub. L. 103337, div. A, title VI, § 611(c), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 104106, div. A, title VI, § 611(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104201, div. A, title VI, § 611(e), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 10585, div. A, title VI, §§ 611(e), 623, Nov. 18, 1997, 111 Stat. 1785, 1793; Pub. L. 105261, div. A, title VI, § 611(e), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 10665, div. A, title VI, § 611(e), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106398, § 1 [[div. A], title VI, § 621(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A151; Pub. L. 107107, div. A, title VI, § 611(e), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107314, div. A, title VI, § 611(d), Dec. 2, 2002, 116 Stat. 2567; Pub. L. 108136, div. A, title VI, § 611(d), Nov. 24, 2003, 117 Stat. 1500; Pub. L. 108375, div. A, title VI, § 611(d), Oct. 28, 2004, 118 Stat. 1946, related to payment of bonus for reserve affiliation agreement.
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description: "Repealed. Pub. L. 106398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A153]"
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# 37 U.S.C. § 308f - Repealed. Pub. L. 106398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A153]
## Notes
Section, added Pub. L. 9760, title I, § 117(c)(1), Oct. 14, 1981, 95 Stat. 996; amended Pub. L. 9814, § 2, Mar. 30, 1983, 97 Stat. 55; Pub. L. 98525, title VI, § 621(a), Oct. 19, 1984, 98 Stat. 2540; Pub. L. 100180, div. A, title VI, § 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 10225, title VII, § 702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103160, div. A, title VI, § 613(e), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103337, div. A, title VI, § 613(c), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104106, div. A, title VI, § 613(c), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104201, div. A, title VI, § 613(c), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 10585, div. A, title VI, § 613(c), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105261, div. A, title VI, §§ 613(c), 620, Oct. 17, 1998, 112 Stat. 2039, 2042; Pub. L. 10665, div. A, title VI, §§ 613(d), 622(a), Oct. 5, 1999, 113 Stat. 650, 653, related to bonus for enlistment in the Army.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2000, and not to affect the validity or terms of any bonus provided under such section for enlistments in the Armed Forces made before that date, see section 1 [[div. A], title VI, § 624(c)(2)] of Pub. L. 106398, set out as a note under section 308a of this title.
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# 37 U.S.C. § 308g - Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve
## Text
(a) An eligible person who enlists 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 term of enlistment of not less than six years, and who has not previously served in an armed force, may be paid a bonus as provided in subsection (b).
(b) Eligibility for and the amount and method of payment of a bonus under this section shall be determined in accordance with regulations prescribed under subsection (g), except that the amount of such a bonus may not exceed $3,000. A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.
(c) A bonus may not be paid under this section for a term of enlistment to any person who fails to complete satisfactorily initial active duty for training or who, upon completion of initial active duty for training, elects to serve the remainder of the term of enlistment in the Selected Reserve or in an active component of an armed force.
(d) A person who does not serve satisfactorily in the element of the Ready Reserve in the combat or combat support skill for the period for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.
(e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.
(f) A bonus may not be paid under this section to any person for an enlistment—
(1) during the period beginning on October 1, 1992, and ending on September 30, 2005; or
(2) after December 31, 2018.
(Added Pub. L. 9894, title X, § 1011(a), Sept. 24, 1983, 97 Stat. 663; amended Pub. L. 99145, title VI, § 646(a)(1), title XIII, § 1303(b)(3), Nov. 8, 1985, 99 Stat. 654, 740; Pub. L. 100180, div. A, title VI, § 626(b), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101189, div. A, title VI, § 613, Nov. 29, 1989, 103 Stat. 1446; Pub. L. 10225, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108375, div. A, title VI, § 618(d), Oct. 28, 2004, 118 Stat. 1950; Pub. L. 109163, div. A, title VI, §§ 621(c), 687(b)(17), Jan. 6, 2006, 119 Stat. 3294, 3330; Pub. L. 109364, div. A, title VI, § 611(d), title X, § 1071(c)(3), Oct. 17, 2006, 120 Stat. 2247, 2400; Pub. L. 110181, div. A, title VI, § 611(d), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110417, [div. A], title VI, § 611(d), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 11184, div. A, title VI, § 611(4), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111383, div. A, title VI, § 611(4), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 11281, div. A, title VI, § 611(4), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112239, div. A, title VI, § 611(4), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 11366, div. A, title VI, § 611(4), Dec. 26, 2013, 127 Stat. 779; Pub. L. 113291, div. A, title VI, § 611(4), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 11492, div. A, title VI, § 611(4), Nov. 25, 2015, 129 Stat. 837; Pub. L. 114328, div. A, title VI, § 611(4), Dec. 23, 2016, 130 Stat. 2157; Pub. L. 11591, div. A, title VI, § 611(4), Dec. 12, 2017, 131 Stat. 1421.)
## Notes
Editorial Notes
Amendments2017—Subsec. (f)(2). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (f)(2). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (f)(2). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (f)(2). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (f)(2). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (f)(2). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (f)(2). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (f)(2). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (d). Pub. L. 109163, § 687(b)(17)(A), added subsec. (d) and struck out former subsec. (d) which read as follows: “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 element of the Ready Reserve with respect to which the bonus was paid 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.” Subsec. (e). Pub. L. 109163, § 687(b)(17)(B), (C), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: “An obligation to reimburse the United States imposed under subsection (d) is, for all purposes, a debt owed to the United States.” Subsec. (f). Pub. L. 109163, § 687(b)(17)(B), (C), redesignated subsec. (h) as (f) and struck out former subsec. (f) which read as follows: “A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment for which a bonus was paid under this section does not discharge the person receiving such bonus payment from the debt arising under subsection (d). This subsection applies to any case commenced under title 11 after September 24, 1983.” Subsec. (f)(2). Pub. L. 109364, § 1071(c)(3), struck out second period at end. Pub. L. 109364, § 611(d), substituted “December 31, 2007” for “December 31, 2006”. Subsec. (g). Pub. L. 109163, § 687(b)(17)(C), redesignated subsec. (g) as (e). Subsec. (h). Pub. L. 109163, § 687(b)(17)(C), redesignated subsec. (h) as (f). Pub. L. 109163, § 621(c), substituted “an enlistment—” for “an enlistment after September 30, 1992” and added pars. (1) and (2). 2004—Subsec. (b). Pub. L. 108375 substituted “$3,000” for “$1,000” and inserted last sentence. 2002—Subsec. (g). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 1991—Pub. L. 10225 struck out “of this section” wherever appearing in subsecs. (a), (b), (e), and (f). 1989—Subsec. (h). Pub. L. 101189 substituted “September 30, 1992” for “September 30, 1990”. 1987—Subsec. (h). Pub. L. 100180 substituted “September 30, 1990” for “September 30, 1987”. 1985—Subsec. (f). Pub. L. 99145, § 1303(b)(3), substituted “September 24, 1983” for “the date of the enactment of the Department of Defense Authorization Act, 1984”. Subsec. (h). Pub. L. 99145, § 646(a)(1), substituted “September 30, 1987” for “September 30, 1985”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1985 AmendmentAmendment by section 646(a)(1) of Pub. L. 99145 effective Oct. 1, 1985, see section 646(d) of Pub. L. 99145, set out as a note under section 308h of this title.
Effective DatePub. L. 9894, title X, § 1011(c), Sept. 24, 1983, 97 Stat. 664, provided that: “The amendments made by subsections (a) and (b) [enacting this section and section 308h of this title and repealing section 308d of this title] shall take effect on October 1, 1983.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Coast Guard; Reserve Forces Readiness Provisions InapplicableReserve Forces Readiness provisions, including amendment of subsec. (b) of this section by Pub. L. 98525 and Individual Ready Reserve Reenlistment Bonuses note above inapplicable to Coast Guard, see section 552(g) of Pub. L. 98525, set out as a Reserve Forces Readiness note under section 12001 of Title 10, Armed Forces.
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# 37 U.S.C. § 308j - Special pay: affiliation bonus for officers in the Selected Reserve
## Text
(a) Affiliation Bonus.— (1) The Secretary concerned may pay an affiliation bonus under this section to an eligible officer in any of the armed forces who enters into an agreement with the Secretary to serve, for the period specified in the agreement, in the Selected Reserve of the Ready Reserve of an armed force under the Secretarys jurisdiction—
(A) in a critical officer skill designated under paragraph (3); or
(B) to meet a manpower shortage in—
(i) a unit of that Selected Reserve; or
(ii) a particular pay grade in that armed force.
(2) An officer is eligible for an affiliation bonus under this section if the officer—
(A) either—
(i) is serving on active duty for a period of more than 30 days; or
(ii) is a member of a reserve component not on active duty and, if the member formerly served on active duty, was released from active duty under honorable conditions; and
(B) is not entitled to receive retired or retainer pay.
(3) (A) The Secretary concerned shall designate for an armed force under the Secretarys jurisdiction the critical officer skills to which the bonus authority under this subsection is to be applied.
(B) A skill may be designated as a critical officer skill for an armed force under subparagraph (A) if, to meet requirements of that armed force, it is critical for that armed force to have a sufficient number of officers who are qualified in that skill.
(4) An affiliation bonus payable pursuant to an agreement under this section to an eligible officer accrues on the date on which the person is assigned to a unit or position in the Selected Reserve pursuant to such agreement.
(b) Accession Bonus.— (1) The Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary—
(A) to accept an appointment as an officer in the armed forces; and
(B) to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.
(2) (A) The Secretary concerned shall designate for an armed force under the Secretarys jurisdiction the officer skills to which the authority under this subsection is to be applied.
(B) A skill may be designated for an armed force under subparagraph (A) if, to mitigate a current or projected significant shortage of personnel in that armed force who are qualified in that skill, it is critical to increase the number of persons accessed into that armed force who are qualified in that skill or are to be trained in that skill.
(3) An accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.
(c) Period of Obligated Service.— An agreement entered into with the Secretary concerned under this section shall require the person entering into that agreement to serve in the Selected Reserve for a specified period. The period specified in the agreement shall be any period not less than three years that the Secretary concerned determines appropriate to meet the needs of the reserve component in which the service is to be performed.
(d) Amount.— The amount of a bonus under this section may be any amount not in excess of $20,000 that the Secretary concerned determines appropriate.
(e) Payment.— (1) Upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus is to be paid in one lump sum or in installments.
(2) A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.
(f) Relation to Other Accession Bonus Authority.— A person may not receive an affiliation bonus or accession bonus under this section and financial assistance under chapter 1608, 1609, or 1611 of title 10, or under section 302g of this title, for the same period of service.
(g) Repayment.— A person who enters into an agreement under this section and receives all or part of the bonus under the agreement, but who does not accept a commission or an appointment as an officer or does not commence to participate or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 108375, div. A, title VI, § 619(a), Oct. 28, 2004, 118 Stat. 1950; amended Pub. L. 109163, div. A, title VI, § 634(a)(c)(1), Jan. 6, 2006, 119 Stat. 3300; Pub. L. 109364, div. A, title X, § 1071(c)(4), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 112239, div. A, title VI, § 616, Jan. 2, 2013, 126 Stat. 1777.)
## Notes
Editorial Notes
Amendments2013—Subsec. (d). Pub. L. 112239 substituted “$20,000” for “$10,000”. 2006—Pub. L. 109163, § 634(c)(1), substituted “Special pay: affiliation bonus for officers in the Selected Reserve” for “Special pay: bonus for certain initial service of officers in the Selected Reserve”. Subsec. (a)(2)(B), (C). Pub. L. 109163, § 634(a), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “has not previously served in the Selected Reserve of the Ready Reserve; and”. Subsec. (d). Pub. L. 109163, § 634(b), substituted “$10,000” for “$6,000”. Subsec. (g). Pub. L. 109364 added subsec. (g) and struck out former subsec. (g) which related to requirement to repay bonus upon failure to commence or complete obligated service, inclusion of repayment requirements in each agreement, and characterization of obligation to repay as a debt owed to the United States.
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# 37 U.S.C. § 309 - Special pay: enlistment bonus
## Text
(a) Bonus Authorized; Bonus Amount.— A person who enlists in an armed force for a period of at least 2 years may be paid a bonus in an amount not to exceed $40,000. The bonus may be paid in a single lump sum or in periodic installments.
(b) Repayment.— A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title.
(c) Relation to Prohibition on Bounties.— The enlistment bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10.
(d) Regulations.— 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.
(e) Duration of Authority.— No bonus shall be paid under this section with respect to any enlistment in the armed forces made after December 31, 2018.
(Added Pub. L. 106398, § 1 [[div. A], title VI, § 624(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A152; amended Pub. L. 107107, div. A, title VI, § 614(c), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107314, div. A, title VI, § 614(c), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108136, div. A, title VI, § 614(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108375, div. A, title VI, § 614(d), Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109163, div. A, title VI, §§ 624(d), 635, 687(b)(20), Jan. 6, 2006, 119 Stat. 3295, 3300, 3330; Pub. L. 109364, div. A, title VI, § 614(d), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110181, div. A, title VI, § 614(c), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110417, [div. A], title VI, § 614(d), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 11184, div. A, title VI, § 615(4), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title VI, § 615(4), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 615(4), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 615(4), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 615(4), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 615(4), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 615(4), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 615(4), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 615(4), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 309, Pub. L. 87649, Sept. 7, 1962, 76 Stat. 468, related to authority of Secretary concerned to provide for additional pay for performance of administrative functions by officers of the National Guard and reserve components, prior to repeal by Pub. L. 96107, title IV, § 404(a)(1), (b), Nov. 9, 1979, 93 Stat. 808, 809, applicable only with respect to administrative functions performed after Sept. 30, 1980.
Amendments2017—Subsec. (e). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (e). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (e). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (e). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (e). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (e). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (e). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (e). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (a). Pub. L. 109163, § 635, substituted “$40,000” for “$20,000”. Subsec. (b). Pub. L. 109163, § 687(b)(20), amended heading and text of subsec. (b) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when member is not technically qualified in skill for which bonus was paid or fails to complete term of enlistment for which bonus was paid. Subsec. (e). Pub. L. 109364 substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 624(d), substituted “December 31, 2006” for “December 31, 2005”. 2004—Subsec. (e). Pub. L. 108375 substituted “December 31, 2005” for “December 31, 2004”. 2003—Subsec. (e). Pub. L. 108136 substituted “December 31, 2004” for “December 31, 2003”. 2002—Subsec. (d). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. Subsec. (e). Pub. L. 107314 substituted “December 31, 2003” for “December 31, 2002”. 2001—Subsec. (e). Pub. L. 107107 substituted “December 31, 2002” for “December 31, 2001”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective DatePub. L. 106398, § 1 [[div. A], title VI, § 624(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A153, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 2000, and apply with respect to enlistments in the Armed Forces made on or after that date.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 311 - Repealed. Pub. L. 99145, title VI, § 639(b), Nov. 8, 1985, 99 Stat. 651]
## Notes
Section, added Pub. L. 90207, § 1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90603, § 1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90623, § 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93274, § 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93394, § 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96284, § 4(d)(1)(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96513, title IV, § 414(b), title V, § 516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for dentists in the armed forces. See section 302b of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99145, set out as an Effective Date of 1985 Amendment note under section 302b of this title.
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# 37 U.S.C. § 312a - Repealed. Pub. L. 109163, div. A, title VI, § 629(d)(1), Jan. 6, 2006, 119 Stat. 3297]
## Notes
Section, added Pub. L. 92581, § 1(3), Oct. 27, 1972, 86 Stat. 1277; amended Pub. L. 97295, § 3(3), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 10225, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117, related to special pay for nuclear-trained and qualified enlisted members.
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# 37 U.S.C. § 313 - Repealed. Pub. L. 96513, title IV, § 414(a), Dec. 12, 1980, 94 Stat. 2906]
## Notes
Section, added Pub. L. 93274, § 1(4), May 6, 1974, 88 Stat. 95; amended Pub. L. 94273, § 43, Apr. 21, 1976, 90 Stat. 381; Pub. L. 96107, title VIII, § 804(b), Nov. 9, 1979, 93 Stat. 812; Pub. L. 96284, § 3(b)(1)(5), June 28, 1980, 94 Stat. 590, 591, related to special pay for medical officers of the Public Health Service who execute active duty agreements.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Sept. 15, 1981, see section 701 of Pub. L. 96513, set out as an Effective Date of 1981 Amendment note under section 101 of Title 10, Armed Forces.
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# 37 U.S.C. § 314 - Special pay or bonus: qualified members extending duty at designated locations overseas
## Text
(a) Covered Members.— This section applies with respect to a member of an armed force who—
(1) is entitled to basic pay;
(2) has a specialty that is designated by the Secretary concerned for the purposes of this section;
(3) has completed a tour of duty (as defined in accordance with regulations prescribed by the Secretary concerned) at a location outside the continental United States that is designated by the Secretary concerned for the purposes of this section; and
(4) at the end of that tour of duty executes an agreement to extend that tour for a period of not less than one year.
(b) Special Pay or Bonus Authorized.— Upon the acceptance by the Secretary concerned of the agreement providing for an extension of the tour of duty of a member described in subsection (a), the member is entitled, at the election of the Secretary concerned, to either—
(1) special pay in monthly installments in an amount prescribed by the Secretary, but not to exceed $80 per month; or
(2) an annual bonus in an amount prescribed by the Secretary, but not to exceed $2,000 per year.
(c) Selection and Payment of Special Pay or Bonus.— Not later than the date on which the Secretary concerned accepts an agreement described in subsection (a)(4) providing for the extension of a members tour of duty, the Secretary concerned shall notify the member regarding whether the member will receive special pay or a bonus under this section. The payment rate for the special pay or bonus shall be fixed at the time of the agreement and may not be changed during the period of the extended tour of duty. The Secretary concerned may pay a bonus under this section either in a lump sum or installments.
(d) Repayment.— A member who, having entered into a written agreement to extend a tour of duty for a period under subsection (a), receives a bonus payment under subsection (b)(2) for a 12-month period covered by the agreement and ceases during that 12-month period to perform the agreed tour of duty shall be subject to the repayment provisions of section 303a(e) of this title.
(e) Effect of Rest and Recuperative Absence.— A member who elects to receive one of the benefits specified in section 705(b) of title 10 as part of the extension of a tour of duty is not entitled to the special pay authorized by subsection (b)(1) for the period of the extension of duty for which the benefit under such section is provided.
(Added Pub. L. 96579, § 5(a)(1), Dec. 23, 1980, 94 Stat. 3366; amended Pub. L. 99145, title VI, § 641(a), Nov. 8, 1985, 99 Stat. 652; Pub. L. 10585, div. A, title VI, § 625(a)(1), Nov. 18, 1997, 111 Stat. 1794; Pub. L. 107314, div. A, title VI, § 654(b)(1), Dec. 2, 2002, 116 Stat. 2582; Pub. L. 108136, div. A, title VI, § 621(a)(1), (2)(A), Nov. 24, 2003, 117 Stat. 1505; Pub. L. 109163, div. A, title VI, § 687(b)(23), Jan. 6, 2006, 119 Stat. 3331.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 10585, which was approved Nov. 18, 1997.
Amendments2006—Subsec. (d). Pub. L. 109163 amended heading and text of subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when member receives bonus payment but fails to complete agreed upon extended tour of duty. 2003—Pub. L. 108136, § 621(a)(2)(A), substituted “qualified members” for “qualified enlisted members” in section catchline. Subsecs. (a), (b). Pub. L. 108136, § 621(a)(1), substituted “a member” for “an enlisted member” in introductory provisions. 2002—Subsec. (a)(3). Pub. L. 107314 substituted “the continental United States” for “the 48 contiguous States and the District of Columbia”. 1997—Pub. L. 10585 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) and (b) relating to special pay for qualified enlisted members extending duty at designated locations overseas. 1985—Subsec. (a). Pub. L. 99145 substituted “$80” for “$50” in provision following par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10585, div. A, title VI, § 625(b), Nov. 18, 1997, 111 Stat. 1795, provided that: “Section 314 of title 37, United States Code, as amended by subsection (a), shall apply with respect to an agreement to extend a tour of duty as provided in such section executed on or after October 1, 1997.”
Effective Date of 1985 AmendmentPub. L. 99145, title VI, § 641(b), Nov. 8, 1985, 99 Stat. 652, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985.”
Effective DatePub. L. 96579, § 5(c)(1), Dec. 23, 1980, 94 Stat. 3367, provided: “Section 314 of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month following the month in which this section is enacted [Dec. 1980] and shall apply to periods of extended duty overseas beginning before, on, or after such date, but no payment may be made under such section for any month before the first day of the first month following the month in which this section is enacted.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 315 - Special pay: engineering and scientific career continuation pay
## Text
(a) In this section, the term “engineering or scientific duty” means service performed by an officer—
(1) that requires an engineering or science degree; and
(2) that requires a skill designated (under regulations prescribed by the Secretary of Defense for the armed forces, by the Secretary of Commerce for the National Oceanic and Atmospheric Administration, or by the Secretary of Health and Human Services for the Public Health Service) as critical and as a skill in which there is a critical shortage of officers in the uniformed service concerned.
(b) Under regulations prescribed by the Secretary concerned, an officer of a uniformed service who—
(1) is entitled to basic pay;
(2) is below the pay grade of O7;
(3) holds a degree in engineering or science from an accredited college or university;
(4) has been certified by the Secretary concerned as having the technical qualifications for detail to engineering or scientific duty;
(5) has completed at least three but less than nineteen years of engineering or scientific duty as an officer; and
(6) executes a written agreement to remain on active duty for detail to engineering or scientific duty for at least one year, but not more than four years;
may, upon acceptance of the written agreement by the Secretary concerned, be paid, in addition to all other compensation to which the officer is entitled, an amount not to exceed $3,000 multiplied by the number of years, or monthly fraction thereof, of obligated service to which the officer agrees under the agreement. The total amount payable may be paid in a lump sum or in equal periodic installments, as determined by the Secretary concerned.
(c) An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(Added Pub. L. 9760, title I, § 120(a), Oct. 14, 1981, 95 Stat. 998; amended Pub. L. 99145, title VI, § 637(a), Nov. 8, 1985, 99 Stat. 648; Pub. L. 10026, § 8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L. 10225, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 109163, div. A, title VI, § 687(b)(24), Jan. 6, 2006, 119 Stat. 3331.)
## Notes
Editorial Notes
Amendments2006—Subsec. (c). Pub. L. 109163 amended subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer receives bonus but fails to complete agreed upon period of active duty. 1991—Subsec. (c). Pub. L. 10225 struck out “of this section” after “subsection (b)” in two places in par. (1) and struck out “of this subsection” after “paragraph (1)” in pars. (2) to (4) and after “paragraph (3)” in par. (2). 1987—Subsec. (a). Pub. L. 10026 inserted “the term” after “In this section,”. 1985—Subsec. (a). Pub. L. 99145, § 637(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “In this section, the term engineering or scientific duty means service performed by an officer that requires an engineering or science degree and that requires a skill designated under regulations prescribed by the Secretary of Defense as critical and as a skill in which there is a critical shortage of officers in the armed force concerned.” Subsec. (b). Pub. L. 99145, § 637(a)(2), in provision preceding par. (1), substituted “prescribed by the Secretary concerned” for “prescribed by the Secretary of Defense” and “officer of a uniformed service” for “officer of an armed force”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentPub. L. 99145, title VI, § 637(b), Nov. 8, 1985, 99 Stat. 649, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 316a - Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency
## Text
(a) Incentive Pay.— The Secretary of Defense may pay incentive pay under this section to an individual who—
(1) is enrolled as a member of the Senior Reserve Officers Training Corps or the Marine Corps Platoon Leaders Class, as determined in accordance with regulations prescribed by the Secretary of Defense under subsection (e); and
(2) participates in a language immersion program approved for purposes of the Senior Reserve Officers Training Corps, or in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to the Department of Defense as designated by the Secretary of Defense for purposes of this section.
(b) Period of Payment.— Incentive pay is payable under this section to an individual described in subsection (a) for the period of the individuals participation in the language program or study described in paragraph (2) of that subsection.
(c) Amount.— The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year.
(d) Repayment.— An individual who is paid incentive pay under this section but who does not satisfactorily complete participation in the individuals language program or study as described in subsection (a)(2), or who does not complete the requirements of the Senior Reserve Officers Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment provisions of section 303a(e) of this title.
(e) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense.
(f) Termination of Authority.— No incentive pay may be paid under this section after December 31, 2018.
(Added Pub. L. 110417, [div. A], title VI, § 619(b)(1), Oct. 14, 2008, 122 Stat. 4488; amended Pub. L. 11281, div. A, title X, § 1065(b), Dec. 31, 2011, 125 Stat. 1588; Pub. L. 11366, div. A, title VI, § 616, Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 615(5), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 615(5), title X, § 1072(a), Nov. 25, 2015, 129 Stat. 839, 994; Pub. L. 114328, div. A, title VI, § 615(5), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 615(5), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 316a, added Pub. L. 102190, div. A, title VI, § 636(a), Dec. 5, 1991, 105 Stat. 1382, related to waiver of certification requirement, prior to repeal by Pub. L. 108375, div. A, title VI, § 620(b)(1), Oct. 28, 2004, 118 Stat. 1954.
Amendments2017—Subsec. (f). Pub. L. 11591, which directed amendment of this section by substituting “December 31, 2018” for “December 31, 2017” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 11492, § 1072(a)(2). See 2015 Amendment note below. 2016—Subsec. (f). Pub. L. 114328, which directed amendment of this section by substituting “December 31, 2017” for “December 31, 2016” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 11492, § 1072(a)(2). See 2015 Amendment note below. 2015—Subsec. (f). Pub. L. 11492, § 1072(a), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to annual reports on the payment of incentive pay under this section. Subsec. (g). Pub. L. 11492, § 1072(a)(2), redesignated subsec. (g) as (f). Pub. L. 11492, § 615(5), substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (g). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. 2011—Subsec. (f). Pub. L. 11281 substituted “April 1, 2012” for “January 1, 2010” in introductory provisions.
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# 37 U.S.C. § 317 - Special pay: officers in critical acquisition positions extending period of active duty
## Text
(a) Bonus Authorized.— An officer described in subsection (b) who executes a written agreement to remain on active duty in a critical acquisition position for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.
(b) Covered Officers.— An officer referred to in subsection (a) is an officer of the Army, Navy, Air Force, or Marine Corps who—
(1) is a member of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.11 So in original. The period probably should be “; and”.
(2) is eligible to retire, or is assigned to such position for a period that will extend beyond the date on which the officer will be eligible to retire, under any provision of law.
(c) Amount of Bonus.— The amount of a bonus paid under this section for each year a member agrees to remain on active duty may not be more than 15 percent of the annual rate of basic pay paid to the member at the time the member executes a written agreement under this section.
(d) Payment of Bonus.— Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments.
(e) Additional Pay.— A bonus paid under this section is in addition to other pay and allowances to which an officer is entitled.
(f) Repayment.— An officer who, having entered into a written agreement under subsection (a) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(g) Period of Commitment.— The period of active duty agreed upon by an officer in a written agreement under this section is in addition to any other service commitment of the officer, except that any period of active duty agreed upon in a written agreement under subsection (a)(2) or (b)(2) of section 1734 of title 10 by the officer may be counted concurrently with the commitment under this section.
(h) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.
(Added Pub. L. 101510, div. A, title XII, § 1203(a)(1), Nov. 5, 1990, 104 Stat. 1656; amended Pub. L. 109163, div. A, title VI, § 687(b)(26), Jan. 6, 2006, 119 Stat. 3331; Pub. L. 11692, div. A, title VIII, § 861(j)(17), Dec. 20, 2019, 133 Stat. 1520.)
## Notes
Editorial Notes
Amendments2019—Subsec. (b)(1). Pub. L. 11692, which directed the general amendment of par. (1) of section 317 of this title, was executed by making the amendment to par. (1) of subsec. (b) of this section to reflect the probable intent of Congress. Prior to amendment, subsec. (b)(1) read as follows: “is a member of an Acquisition Corps selected to serve in, or serving in, a critical acquisition position designated under section 1733 of title 10; and”. 2006—Subsec. (f). Pub. L. 109163 amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment of bonus required when officer fails to complete total period of agreed upon active duty.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 101510, div. A, title XII, § 1203(b), Nov. 5, 1990, 104 Stat. 1658, provided that: “Section 317 of title 37, United States Code, as added by subsection (a), shall take effect as of October 1, 1991.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 318 - Special pay: special warfare officers extending period of active duty
## Text
(a) Special Warfare Officer Defined.— In this section, the term “special warfare officer” means an officer of a uniformed service who—
(1) is qualified for a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator; and
(2) is serving in a position for which that specialty or designator is authorized.
(b) Retention Bonus Authorized.— A special warfare officer who meets the eligibility requirements specified in subsection (c) and who executes a written agreement to remain on active duty in special warfare service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.
(c) Eligibility Requirements.— A special warfare officer may apply to enter into an agreement referred to in subsection (b) if the officer—
(1) is in pay grade O3, or is in pay grade O4 and is not on a list of officers recommended for promotion, at the time the officer applies to enter into the agreement;
(2) has completed at least 6, but not more than 14, years of active commissioned service; and
(3) has completed any service commitment incurred to be commissioned as an officer.
(d) Amount of Bonus.— The amount of a retention bonus paid under this section may not be more than $15,000 for each year covered by the agreement.
(e) Proration.— The term of an agreement under subsection (b) and the amount of the retention bonus payable under subsection (d) may be prorated as long as the agreement does not extend beyond the date on which the officer executing the agreement would complete 14 years of active commissioned service.
(f) Payment Methods.— (1) Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed.
(2) The amount of the retention bonus may be paid as follows:
(A) At the time the agreement is accepted by the Secretary concerned, the Secretary may make a lump sum payment equal to half the total amount payable under the agreement. The balance of the bonus amount shall be paid in equal annual installments on the anniversary of the acceptance of the agreement.
(B) The Secretary concerned may make graduated annual payments under regulations prescribed by the Secretary, with the first payment being payable at the time the agreement is accepted by the Secretary and subsequent payments being payable on the anniversary of the acceptance of the agreement.
(g) Additional Pay.— A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled.
(h) Repayment.— An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty in special warfare service as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(i) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section, including the definition of the term “special warfare service” for purposes of this section. Regulations prescribed by the Secretary of a military department under this section shall be subject to the approval of the Secretary of Defense.
(Added Pub. L. 10665, div. A, title VI, § 626(a)(1), Oct. 5, 1999, 113 Stat. 655; amended Pub. L. 107107, div. A, title X, § 1048(i)(7), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 109163, div. A, title VI, § 687(b)(27), Jan. 6, 2006, 119 Stat. 3331.)
## Notes
Editorial Notes
Amendments2006—Subsec. (h). Pub. L. 109163 amended heading and text of subsec. (h) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty in special warfare. 2001—Subsec. (h)(3). Pub. L. 107107 substituted “subsection (b)” for “subsection (a)”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 10665, div. A, title VI, § 626(b), Oct. 5, 1999, 113 Stat. 656, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 319 - Special pay: surface warfare officer continuation pay
## Text
(a) Eligible Surface Warfare Officer Defined.— In this section, the term “eligible surface warfare officer” means an officer of the Regular Navy or Navy Reserve on active duty who—
(1) is qualified and serving as a surface warfare officer;
(2) has been selected for assignment as a department head on a surface vessel; and
(3) has completed any service commitment incurred through the officers original commissioning program or is within one year of completing such commitment.
(b) Special Pay Authorized.— An eligible surface warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000.
(c) Proration.— The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.
(d) Payment Methods.— Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.
(e) Additional Pay.— Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.
(f) Repayment.— An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.
(g) Regulations.— The Secretary of the Navy shall prescribe regulations to carry out this section.
(Added Pub. L. 10665, div. A, title VI, § 627(a)(1), Oct. 5, 1999, 113 Stat. 656; amended Pub. L. 107107, div. A, title VI, § 616(b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109163, div. A, title V, § 515(d)(1)(E), title VI, § 687(b)(28), Jan. 6, 2006, 119 Stat. 3236, 3332.)
## Notes
Editorial Notes
Amendments2006—Subsec. (a). Pub. L. 109163, § 515(d)(1)(E), substituted “Navy Reserve” for “Naval Reserve” in introductory provisions. Subsec. (f). Pub. L. 109163, § 687(b)(28), amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty as department head on surface vessel. 2001—Subsec. (a)(3). Pub. L. 107107 inserted “or is within one year of completing such commitment” before period at end.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 10665, div. A, title VI, § 627(b), Oct. 5, 1999, 113 Stat. 657, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 320 - Incentive pay: career enlisted flyers
## Text
(a) Eligible Career Enlisted Flyer Defined.— In this section, the term “eligible career enlisted flyer” means an enlisted member of the armed forces who—
(1) is entitled to basic pay under section 204 of this title, or is entitled to pay under section 206 of this title as described in subsection (e) of this section;
(2) holds an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or rating or the performance of such duty;
(3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and
(4) satisfies the operational flying duty requirements applicable under subsection (c).
(b) Incentive Pay Authorized.— (1) The Secretary concerned may pay monthly incentive pay to an eligible career enlisted flyer in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incentive pay may be paid as continuous monthly incentive pay or on a month-to-month basis, dependent upon the operational flying duty performed by the eligible career enlisted flyer as prescribed in subsection (c).
(2) Continuous monthly incentive pay may not be paid to an eligible career enlisted flyer after the member completes 25 years of aviation service. Thereafter, an eligible career enlisted flyer may still receive incentive pay on a month-to-month basis under subsection (c)(4) for the frequent and regular performance of operational flying duty.
(c) Operational Flying Duty Requirements.— (1) An eligible career enlisted flyer must perform operational flying duties for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be eligible for continuous monthly incentive pay under this section.
(2) Upon completion of 10, 15, or 20 years of aviation service, an enlisted member who has not performed the minimum required operational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive pay except as provided in paragraph (3). Payment of continuous monthly incentive pay may be resumed if the member meets the minimum operational flying duty requirement upon completion of the next established period of aviation service.
(3) For the needs of the service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the members failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member otherwise meets the definition in subsection (a) and has performed at least 5 years of operational flying duties during the first 10 years of aviation service, 8 years of operational flying duties during the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The authority of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief.
(4) If the eligibility of an eligible career enlisted flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive pay for subsequent frequent and regular performance of operational flying duty. The rate payable is the same rate authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service.
(d) Monthly Maximum Rates.— The monthly rate of any career enlisted flyer incentive pay paid under this section to a member on active duty shall be prescribed by the Secretary concerned, but may not exceed the following: Years of aviation serviceMonthly rate 4 or less$150 Over 4$225 Over 8$350 Over 14$400.
(e) Eligibility of Reserve Component Members When Performing Inactive Duty Training.— Under regulations prescribed by the Secretary concerned, when a member of a reserve component or the National Guard, who is entitled to compensation under section 206 of this title, meets the definition of eligible career enlisted flyer, the Secretary concerned may increase the members compensation by an amount equal to 130 of the monthly incentive pay authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service who is entitled to basic pay under section 204 of this title. The reserve component member may receive the increase for as long as the member is qualified for it, for each regular period of instruction or period of appropriate duty, at which the member is engaged for at least two hours, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title.
(f) Relation to Hazardous Duty Incentive Pay or Diving Duty Special Pay.— A member receiving incentive pay under section 301(a) of this title or special pay under section 304 of this title may not be paid special pay under this section for the same period of service.
(g) Save Pay Provision.— If, immediately before a member receives incentive pay under this section, the member was entitled to incentive pay under section 301(a) of this title, the rate at which the member is paid incentive pay under this section shall be equal to the higher of the monthly amount applicable under subsection (d) or the rate of incentive pay the member was receiving under subsection (b) or (c)(2)(A) of section 301 of this title.
(h) Specialty Code of Dropsonde System Operators.— Within the Air Force, the Secretary of the Air Force shall assign to members who are dropsonde system operators a specialty code that identifies such members as serving in a weather specialty.
(i) Definitions.— In this section:
(1) The term “aviation service” means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible career enlisted flyer.
(2) The term “operational flying duty” means flying performed under competent orders while serving in assignments, including an assignment as a dropsonde system operator, in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to the award of an enlisted aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary concerned.
(Added Pub. L. 10665, div. A, title VI, § 628(a)(1), Oct. 5, 1999, 113 Stat. 657.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 10665, div. A, title VI, § 628(b), Oct. 5, 1999, 113 Stat. 659, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”
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# 37 U.S.C. § 321 - Special pay: judge advocate continuation pay
## Text
(a) Eligible Judge Advocate Defined.— In this section, the term “eligible judge advocate” means an officer of the armed forces on full-time active duty who—
(1) is qualified and serving as a judge advocate, as defined in section 801 of title 10; and
(2) has completed—
(A) the active duty service obligation incurred through the officers original commissioning program; or
(B) in the case of an officer detailed under section 2004 of title 10 or section 470 11 See References in Text note below. of title 14, the active duty service obligation incurred as part of that detail.
(b) Special Pay Authorized.— An eligible judge advocate who executes a written agreement to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000.
(c) Proration.— The term of an agreement under subsection (b) and the amount payable under the agreement may be prorated.
(d) Payment Methods.— Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.
(e) Additional Pay.— Any amount paid to an officer under this section is in addition to any other pay and allowances to which the officer is entitled.
(f) Repayment.— An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.
(g) Regulations.— The Secretary concerned shall prescribe regulations to carry out this section.
(Added Pub. L. 10665, div. A, title VI, § 629(a)(1), Oct. 5, 1999, 113 Stat. 659; amended Pub. L. 109163, div. A, title VI, § 687(b)(29), Jan. 6, 2006, 119 Stat. 3332.)
## Notes
Editorial Notes
References in TextSection 470 of title 14, referred to in subsec. (a)(2)(B), was redesignated section 2770 of title 14 by Pub. L. 115282, title I, § 116(b)(2), Dec. 4, 2018, 132 Stat. 4226, and references to section 470 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115282 note preceding section 101 of Title 14, Coast Guard.
Amendments2006—Subsec. (f). Pub. L. 109163 amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer fails to complete total period of agreed upon active duty.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 10665, div. A, title VI, § 629(c), Oct. 5, 1999, 113 Stat. 661, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 322 - Renumbered § 354]
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# 37 U.S.C. § 323 - Renumbered § 355]
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description: "Special pay: accession bonus for new officers in critical skills"
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# 37 U.S.C. § 324 - Special pay: accession bonus for new officers in critical skills
## Text
(a) Accession Bonus Authorized.— Under regulations prescribed by the Secretary concerned, a person who executes a written agreement to accept a commission or an appointment as an officer of the armed forces and serve on active duty in a designated critical officer skill for the period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.
(b) Designation of Critical Officer Skills.— The Secretary concerned shall designate the critical officer skills for the purposes of this section. A skill may be designated as a critical officer skill for an armed force under this subsection if—
(1) in order to meet requirements of the armed force, it is critical for the armed force to have a sufficient number of officers who are qualified in that skill; and
(2) in order to mitigate a current or projected significant shortage of personnel in the armed force who are qualified in that skill, it is critical to access into that armed force in sufficient numbers persons who are qualified in that skill or are to be trained in that skill.
(c) Limitation on Amount of Bonus.— The amount of an accession bonus under subsection (a) may not exceed $60,000.
(d) Payment Method.— Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid by the Secretary in a lump sum or installments.
(e) Relation to Other Accession Bonus Authority.— An individual may not receive an accession bonus under this section and section 302d, 302h, 302j, or 312b of this title for the same period of service.
(f) Repayment.— An individual who, having received all or part of the bonus under an agreement referred to in subsection (a), is not thereafter commissioned as an officer or does not commence or complete the total period of active duty service specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 107107, div. A, title VI, § 621(a), Dec. 28, 2001, 115 Stat. 1139; amended Pub. L. 107314, div. A, title VI, § 614(e), title X, § 1062(c)(2), Dec. 2, 2002, 116 Stat. 2568, 2651; Pub. L. 108136, div. A, title VI, §§ 614(e), 623, Nov. 24, 2003, 117 Stat. 1502, 1505; Pub. L. 108375, div. A, title VI, § 614(f), Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109163, div. A, title VI, §§ 624(f), 687(b)(32), Jan. 6, 2006, 119 Stat. 3295, 3332; Pub. L. 109364, div. A, title VI, § 614(f), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110181, div. A, title VI, § 614(e), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110417, [div. A], title VI, § 614(e), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 11184, div. A, title VI, § 615(5), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title VI, § 615(5), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 615(5), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 615(5), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 615(5), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 615(6), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 615(6), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 615(6), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 615(6), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Amendments2017—Subsec. (g). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (g). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (g). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (g). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (g). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (g). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (f). Pub. L. 109163, § 687(b)(32), amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when individual receives accession bonus payment but fails to accept commission or appointment as officer or to commence or complete agreed upon period of active duty. Subsec. (g). Pub. L. 109364 substituted “December 31, 2007” for “December 31, 2006”. Pub. L. 109163, § 624(f), substituted “December 31, 2006” for “December 31, 2005”. 2004—Subsec. (g). Pub. L. 108375 substituted “December 31, 2005” for “December 31, 2004”. 2003—Subsecs. (a), (f)(1). Pub. L. 108136, § 623, inserted “or an appointment” after “commission”. Subsec. (g). Pub. L. 108136, § 614(e), substituted “December 31, 2004” for “December 31, 2003”. 2002—Subsec. (b). Pub. L. 107314, § 1062(c)(2), struck out par. (1) designation before “The Secretary”. Subsec. (g). Pub. L. 107314, § 614(e), substituted “December 31, 2003” for “December 31, 2002”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 325 - Incentive bonus: savings plan for education expenses and other contingencies
## Text
(a) Benefit and Eligibility.— The Secretary concerned may purchase United States savings bonds under this section for a member of the armed forces who is eligible as follows:
(1) A member who, before completing three years of service on active duty, enters into a commitment to perform qualifying service.
(2) A member who, after completing three years of service on active duty, but not more than nine years of service on active duty, enters into a commitment to perform qualifying service.
(3) A member who, after completing nine years of service on active duty, enters into a commitment to perform qualifying service.
(b) Qualifying Service.— For the purposes of this section, qualifying service is service on active duty in a specialty designated by the Secretary concerned as critical to meet requirements (whether or not such specialty is designated as critical to meet wartime or peacetime requirements) for a period that—
(1) is not less than six years; and
(2) does not include any part of a period for which the member is obligated to serve on active duty under an enlistment or other agreement for which a benefit has previously been paid under this section.
(c) Forms of Commitment to Additional Service.— For the purposes of this section, a commitment means—
(1) in the case of an enlisted member, a reenlistment; and
(2) in the case of a commissioned officer, an agreement entered into with the Secretary concerned.
(d) Amounts of Bonds.— The total of the face amounts of the United States savings bonds authorized to be purchased for a member under this section for a commitment shall be as follows:
(1) In the case of a purchase for a member under paragraph (1) of subsection (a), $5,000.
(2) In the case of a purchase for a member under paragraph (2) of subsection (a), the amount equal to the excess of $15,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section.
(3) In the case of a purchase for a member under paragraph (3) of subsection (a), the amount equal to the excess of $30,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section.
(e) Total Amount of Benefit.— The total amount of the benefit authorized for a member when United States savings bonds are purchased for the member under this section by reason of a commitment by that member shall be the sum of—
(1) the purchase price of the United States savings bonds; and
(2) the amounts that would be deducted and withheld for the payment of individual income taxes if the total amount computed under this subsection for that commitment were paid to the member as a bonus.
(f) Amount Withheld for Taxes.— The total amount payable for a member under subsection (e)(2) for a commitment by that member shall be withheld, credited, and otherwise treated in the same manner as amounts deducted and withheld from the basic pay of the member.
(g) Repayment.— If a person does not complete the qualifying service for which the person is obligated under a commitment for which a benefit has been paid under this section, the person shall be subject to the repayment provisions of section 303a(e) of this title.
(h) Relationship to Other Special Pays.— The benefit authorized under this section is in addition to any other bonus or incentive or special pay that is paid or payable to a member under any other provision of this chapter for any portion of the same qualifying service.
(i) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.
(Added Pub. L. 107107, div. A, title VI, § 622(a)(1), Dec. 28, 2001, 115 Stat. 1140; amended Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109163, div. A, title VI, § 687(b)(33), Jan. 6, 2006, 119 Stat. 3332.)
## Notes
Editorial Notes
Amendments2006—Subsec. (g). Pub. L. 109163, amended heading and text of subsec. (g) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when person fails to complete qualifying service for which person is obligated under commitment for which benefit was paid. 2002—Subsec. (i). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective DatePub. L. 107107, div. A, title VI, § 622(b), Dec. 28, 2001, 115 Stat. 1142, provided that: “Section 325 of title 37, United States Code, as added by subsection (a), shall apply with respect to reenlistments and other agreements for qualifying service, as described in that section, that are entered into on or after October 1, 2001.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 326 - Incentive bonus: conversion to military occupational specialty to ease personnel shortage
## Text
(a) Incentive Bonus Authorized.— The Secretary concerned may pay a bonus under this section to an eligible member of a regular or reserve component of the armed forces who executes a written agreement to convert to, and serve for a period of not less than three years in, a military occupational specialty for which there is a shortage of trained and qualified personnel.
(b) Eligible Members.— A member is eligible to enter into an agreement under subsection (a) if, at the time the agreement is executed, the member is serving in—
(1) pay grade E6, with not more than 10 years of service computed under section 205 of this title; or
(2) pay grade E5 or below, regardless of years of service.
(c) Amount and Payment of Bonus.— (1) A bonus under this section may not exceed $4,000.
(2) A bonus payable under this section shall be disbursed in one lump sum when the members conversion to the military occupational specialty is approved by the chief personnel officer of the regular or reserve component of the members armed force.
(d) Relationship to Other Pay and Allowances.— A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(e) Repayment.— A member who does not convert to and complete the period of service in the military occupational specialty specified in the agreement executed under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.
(f) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.
(g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 108136, div. A, title VI, § 625(a), Nov. 24, 2003, 117 Stat. 1506; amended Pub. L. 108375, div. A, title VI, § 622, Oct. 28, 2004, 118 Stat. 1955; Pub. L. 109163, div. A, title VI, § 687(b)(34), Jan. 6, 2006, 119 Stat. 3333; Pub. L. 109364, div. A, title VI, § 614(g), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110181, div. A, title VI, § 614(f), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110417, [div. A], title VI, § 614(f), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 11184, div. A, title VI, § 615(6), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title VI, § 615(6), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 615(6), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, §§ 615(6), 617, Jan. 2, 2013, 126 Stat. 1777, 1778; Pub. L. 11366, div. A, title VI, § 615(6), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 615(7), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 615(7), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 615(7), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 615(7), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Amendments2017—Subsec. (g). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (g). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (c)(1). Pub. L. 112239, § 617, substituted “$4,000.” for “$4,000, in the case of a member of a regular component of the armed forces, and $2,000, in the case of a member of a reserve component of the armed forces.” Subsec. (g). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239, § 615(6), substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (g). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (g). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (g). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”. 2006—Subsec. (e). Pub. L. 109163, amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when member fails to serve in specified military occupational specialty for agreed upon period. Subsec. (g). Pub. L. 109364 substituted “December 31, 2007” for “December 31, 2006”. 2004—Subsec. (a). Pub. L. 108375, § 622(a)(1), inserted “of a regular or reserve component” after “an eligible member”. Subsec. (b). Pub. L. 108375, § 622(a)(2), substituted comma for dash after “if”, struck out “(1) the member is entitled to basic pay; and” and par. (2) designation before “at the time”, and redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively. Subsec. (c)(1). Pub. L. 108375, § 622(b), inserted before period at end “, in the case of a member of a regular component of the armed forces, and $2,000, in the case of a member of a reserve component of the armed forces”. Subsec. (c)(2). Pub. L. 108375, § 622(a)(3), inserted “regular or reserve component of the” after “chief personnel officer of the”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 327 - Incentive bonus: transfer between armed forces
## Text
(a) Incentive Bonus Authorized.— A bonus under this section may be paid to an eligible member of a regular component or reserve component of an armed force who executes a written agreement—
(1) to transfer from such regular component or reserve component to a regular component or reserve component of another armed force; and
(2) to serve pursuant to such agreement for a period of not less than three years in the component to which transferred.
(b) Eligible Members.— A member is eligible to enter into an agreement under subsection (a) if, as of the date of the agreement, the member—
(1) has not failed to satisfactorily complete any term of enlistment in the armed forces;
(2) is eligible for reenlistment in the armed forces or, in the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and
(3) has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as the Secretary having jurisdiction over such armed force shall establish.
(c) Limitation.— A member may enter into an agreement under subsection (a) to transfer to a regular component or reserve component of another armed force only if the Secretary having jurisdiction over such armed force determines that there is shortage of trained and qualified personnel in such component.
(d) Amount and Payment of Bonus.— (1) A bonus under this section may not exceed $10,000.
(2) A bonus under this section shall be paid by the Secretary having jurisdiction of the armed force to which the member to be paid the bonus is transferring.
(3) A bonus under this section shall, at the election of the Secretary paying the bonus—
(A) be disbursed to the member in one lump sum when the transfer for which the bonus is paid is approved by the chief personnel officer of the armed force to which the member is transferring; or
(B) be paid to the member in annual installments in such amounts as may be determined by the Secretary paying the bonus.
(e) Relationship to Other Pay and Allowances.— A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(f) Repayment.— A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(g) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense.
(h) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added and amended Pub. L. 109163, div. A, title VI, §§ 641(a), 687(b)(35), Jan. 6, 2006, 119 Stat. 3304, 3333; Pub. L. 109364, div. A, title VI, §§ 614(h), 620(a), Oct. 17, 2006, 120 Stat. 2249, 2252; Pub. L. 11184, div. A, title VI, § 615(7), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title VI, § 615(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 615(7), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112239, div. A, title VI, § 615(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 615(7), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 615(8), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 615(8), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 615(8), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 615(8), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Amendments2017—Subsec. (h). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (h). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (h). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (h). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (h). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (h). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (h). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2006—Subsec. (d)(1). Pub. L. 109364, § 620(a), substituted “$10,000” for “$2,500”. Subsec. (f). Pub. L. 109163, § 687(b)(35), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “(1) A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid such member as the period which such member failed to 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 paragraph (1).” Subsec. (h). Pub. L. 109364, § 614(h), substituted “2009” for “2006”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentPub. L. 109364, div. A, title VI, § 620(b), Oct. 17, 2006, 120 Stat. 2252, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 327 of title 37, United States Code, on or after that date.”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
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# 37 U.S.C. § 328 - Repealed. Pub. L. 114328, div. A, title VI, § 647(a), Dec. 23, 2016, 130 Stat. 2168]
## Notes
Section, added Pub. L. 109163, div. A, title VI, § 642(a), Jan. 6, 2006, 119 Stat. 3305, related to combat-related injury rehabilitation pay.
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# 37 U.S.C. § 329 - Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments
## Text
(a) Incentive Bonus Authorized.— The Secretary of Defense may pay a bonus under this section to a retired member or former member of the Army, Navy, Air Force, or Marine Corps or to a member of a reserve component of the Army, Navy, Air Force, or Marine Corps (who is not otherwise serving on active duty) who executes a written agreement to serve on active duty for a period specified in the agreement in an assignment intended to alleviate the need for members in a high-demand, low-density military capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements.
(b) Maximum Amount of Bonus.— A bonus under subsection (a) and any incentive developed under subsection (d) may not exceed $50,000.
(c) Methods of Payment.— At the election of the Secretary of Defense, a bonus under subsection (a) and any incentive developed under subsection (d) shall be paid or provided—
(1) when the member commences service on active duty; or
(2) in annual installments in such amounts as may be determined by the Secretary.
(d) Development of Additional Incentives.— (1) The Secretary of Defense may develop and provide to members referred to in subsection (a) additional incentives to encourage such members to return to active duty in assignments intended to alleviate the need for members in a high-demand, low-density military capability or in other specialties designated by the Secretary as critical to meet wartime or peacetime requirements.
(2) The provision of any incentive developed under this subsection shall be subject to an agreement, as required for bonuses under subsection (a).
(3) Not later than 30 days before first offering any incentive developed under this subsection, the Secretary shall submit to the congressional defense committees a report that contains a description of that incentive and an explanation why a bonus under subsection (a) or other pay and allowances are not sufficient to alleviate the high-demand, low-density military capability or otherwise fill critical military specialties.
(4) In this subsection, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10.
(e) Relationship to Other Pay and Allowances.— A bonus or other incentive paid or provided to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(f) Prohibition on Promotions.— The written agreement required by subsections (a) and (d) shall specify that a member who is paid or receives a bonus or other incentive under this section is not eligible for promotion while serving in the assignment for which the bonus or other incentive is provided.
(g) Repayment.— A member who does not complete the period of active duty specified in the agreement executed under subsection (a) or (d) shall be subject to the repayment provisions of section 303a(e) of this title.
(h) High-Demand, Low-Density Military Capability.— In this section, the term “high-demand, low-density military capability” means a combat, combat support or service support capability, unit, system, or occupational specialty that the Secretary of Defense determines has funding, equipment, or personnel levels that are substantially below the levels required to fully meet or sustain actual or expected operational requirements set by regional commanders.
(i) Regulations.— The Secretary of Defense may prescribe such regulations as the Secretary considers necessary to carry out this section.
(j) Termination of Authority.— No agreement under subsection (a) or (d) may be entered into after December 31, 2010.
(Added Pub. L. 109364, div. A, title VI, § 621(a), Oct. 17, 2006, 120 Stat. 2253.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 109364, div. A, title VI, § 621(e), Oct. 17, 2006, 120 Stat. 2255, provided that: “No agreement may be entered into under section 329 of title 37, United States Code, as added by subsection (a), before October 1, 2006.”
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# 37 U.S.C. § 330 - Special pay: accession bonus for officer candidates
## Text
(a) Accession Bonus Authorized.— Under regulations prescribed by the Secretary concerned, a person who executes a written agreement described in subsection (c) may be paid an accession bonus under this section upon acceptance of the agreement by the Secretary concerned.
(b) Amount of Bonus.— The amount of an accession bonus under subsection (a) may not exceed $8,000.
(c) Agreement.— A written agreement referred to in subsection (a) is a written agreement by a person—
(1) to complete officer candidate school;
(2) to accept a commission or appointment as an officer of the armed forces; and
(3) to serve on active duty as a commissioned officer for a period specified in the agreement.
(d) Payment Method.— Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid in a lump sum or installments.
(e) Repayment.— A person who, having received all or part of the bonus under a written agreement under subsection (a), does not complete the total period of active duty as a commissioned officer as specified in such agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(f) Termination of Authority.— No agreement under this section may be entered into after December 31, 2018.
(Added Pub. L. 109364, div. A, title VI, § 622(a)(1), Oct. 17, 2006, 120 Stat. 2255; amended Pub. L. 110181, div. A, title VI, § 614(g), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110417, [div. A], title VI, § 614(g), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 11184, div. A, title VI, § 615(8), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title VI, § 615(8), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 615(8), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112239, div. A, title VI, § 615(8), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 615(8), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 615(9), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 615(9), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 615(9), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 615(9), Dec. 12, 2017, 131 Stat. 1423.)
## Notes
Editorial Notes
Amendments2017—Subsec. (f). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (f). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (f). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (f). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (f). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (f). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (f). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (f). Pub. L. 110417 substituted “December 31, 2009” for “December 31, 2008”. Pub. L. 110181 substituted “December 31, 2008” for “December 31, 2007”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Effective DatePub. L. 109364, div. A, title VI, § 622(a)(3), Oct. 17, 2006, 120 Stat. 2256, provided that: “The amendments made by this subsection [enacting this section] shall take effect on October 1, 2006.”
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# 37 U.S.C. § 331 - General bonus authority for enlisted members
## Text
(a) Authority to Provide Bonus.— The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who—
(1) enlists in an armed force;
(2) enlists in or affiliates with a reserve component of an armed force;
(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve—
(A) for a specified period in a designated career field, skill, or unit of an armed force; or
(B) under other conditions of service in an armed force;
(4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force;
(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring; or
(6) transfers from a regular component or reserve component of an armed force to the Space Force or from the Space Force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.
(b) Service Eligibility.— A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d)—
(1) to serve for a specified period in a designated career field, skill, unit, or grade; or
(2) to meet some other condition or conditions of service imposed by the Secretary concerned.
(c) Maximum Amount and Method of Payment.— (1) Maximum amount.— The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that—
(A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $75,000 for a minimum two-year period of obligated service agreed to under subsection (d);
(B) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component, or in the Space Force on sustained duty under section 20105 of title 10, agreed to under subsection (d);
(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $15,000 for each year of obligated service in a reserve component, or in the Space Force in space force active status not on sustained duty under section 20105 of title 10, agreed to under subsection (d); and
(D) a bonus paid under paragraph (4), (5), or (6) of subsection (a) may not exceed $10,000.
(2) Lump sum or installments.— A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.
(3) Fixing bonus amount.— Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.
(d) Written Agreement.— To receive a bonus under this section, a person or member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—
(1) the amount of the bonus;
(2) the method of payment of the bonus under subsection (c)(2);
(3) the period of obligated service; and
(4) the type or conditions of the service.
(e) Relationship to Other Pay and Allowances.— A bonus paid to a person or member under this section is in addition to any other pay and allowance to which the person or member is entitled.
(f) Relationship to Prohibition on Bounties.— A bonus authorized under this section is not a bounty for purposes of section 514(a) of title 10.
(g) Repayment.— A person or member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.
(h) Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 163; amended Pub. L. 11184, div. A, title VI, § 614(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 614(1), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 614(1), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 614(1), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113291, div. A, title VI, § 614(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 614(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, § 614(1), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 614(1), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(1), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(d)(1), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, § 611(d)(1), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 11781, div. A, title VI, § 611(d)(1), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, §§ 601(d)(1), 602(a), Dec. 23, 2022, 136 Stat. 2619, 2620; Pub. L. 11831, div. A, title VI, § 613(d)(1), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118159, div. A, title VI, § 611(d)(1), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, §§ 601(c)(1), 611(d)(1), Dec. 18, 2025, 139 Stat. 902, 906.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a)(6). Pub. L. 11960, § 601(c)(1)(A), added par. (6). Subsec. (c)(1)(B). Pub. L. 11960, § 601(c)(1)(B)(i), inserted “, or in the Space Force on sustained duty under section 20105 of title 10,” after “in a regular component”. Subsec. (c)(1)(C). Pub. L. 11960, § 601(c)(1)(B)(ii), inserted “, or in the Space Force in space force active status not on sustained duty under section 20105 of title 10,” after “in a reserve component”. Subsec. (c)(1)(D). Pub. L. 11960, § 601(c)(1)(B)(iii), substituted “paragraph (4), (5), or (6)” for “paragraph (4) or (5)”. Subsec. (h). Pub. L. 11960, § 611(d)(1), substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (h). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (h). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (c)(1)(A). Pub. L. 117263, § 602(a)(1), substituted “$75,000” for “$50,000”. Subsec. (c)(1)(B). Pub. L. 117263, § 602(a)(2), substituted “$50,000” for “$30,000”. Subsec. (h). Pub. L. 117263, § 601(d)(1), substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (h). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (h). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (h). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (h). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (h). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (h). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (h). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (h). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (h). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (h). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”.
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---
# 37 U.S.C. § 332 - General bonus authority for officers
## Text
(a) Authority To Provide Bonus.— The Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who—
(1) accepts a commission or appointment as an officer in a uniformed service;
(2) affiliates with a reserve component of a uniformed service;
(3) agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service;
(4) transfers from a regular component of a uniformed service to a reserve component of that same uniformed service or from a reserve component of a uniformed service to the regular component of that same uniformed service;
(5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring; or
(6) transfers from a regular component or reserve component of a uniformed service to the Space Force or from the Space Force to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.
(b) Service Eligibility.— A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d)—
(1) to serve for a specified period in a designated career field, skill, unit, or grade; or
(2) to meet some other condition or conditions of service imposed by the Secretary concerned.
(c) Maximum Amount and Method of Payment.— (1) Maximum amount.— The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that—
(A) a bonus paid under paragraph (1) of subsection (a) may not exceed $60,000 for a minimum three-year period of obligated service agreed to under subsection (d);
(B) a bonus paid under paragraph (2) of subsection (a) may not exceed $20,000 for a minimum three-year period of obligated service agreed to under subsection (d);
(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component, or in the Space Force on sustained duty under section 20105 of title 10, agreed to under subsection (d);
(D) a bonus paid under paragraph (3) of subsection (a) may not exceed $12,000 for each year of obligated service in a reserve component, or in the Space Force in space force active status not on sustained duty under section 20105 of title 10, agreed to under subsection (d); and
(E) a bonus paid under paragraph (4), (5), or (6) of subsection (a) may not exceed $10,000.
(2) Lump sum or installments.— A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.
(3) Fixing bonus amount.— Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.
(d) Written Agreement.— To receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—
(1) the amount of the bonus;
(2) the method of payment of the bonus under subsection (c)(2);
(3) the period of obligated service; and
(4) the type or conditions of the service.
(e) Relationship to Other Pay and Allowances.— The bonus paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled.
(f) Repayment.— A person or officer who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.
(g) Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 164; amended Pub. L. 11184, div. A, title VI, § 614(2), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 614(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 614(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 614(2), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(2), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 614(2), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, § 614(2), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114328, div. A, title VI, §§ 614(2), 617, Dec. 23, 2016, 130 Stat. 2158, 2160; Pub. L. 11591, div. A, title VI, § 614(2), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(2), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(d)(2), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, § 611(d)(2), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 11781, div. A, title VI, § 611(d)(2), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, § 601(d)(2), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 11831, div. A, title VI, § 613(d)(2), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118159, div. A, title VI, § 611(d)(2), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, §§ 601(c)(2), 611(d)(2), Dec. 18, 2025, 139 Stat. 902, 906.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a)(6). Pub. L. 11960, § 601(c)(2)(A), added par. (6). Subsec. (c)(1)(C). Pub. L. 11960, § 601(c)(2)(B)(i), inserted “, or in the Space Force on sustained duty under section 20105 of title 10,” after “in a regular component”. Subsec. (c)(1)(D). Pub. L. 11960, § 601(c)(2)(B)(ii), inserted “, or in the Space Force in space force active status not on sustained duty under section 20105 of title 10,” after “in a reserve component”. Subsec. (c)(1)(E). Pub. L. 11960, § 601(c)(2)(B)(iii), substituted “paragraph (4), (5), or (6)” for “paragraph (4) or (5)”. Subsec. (g). Pub. L. 11960, § 611(d)(2), substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (g). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (g). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (g). Pub. L. 117263 substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (g). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (g). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (g). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (g). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (c)(1)(B). Pub. L. 114328, § 617, substituted “$20,000” for “$12,000”. Subsec. (g). Pub. L. 114328, § 614(2), substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (g). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (g). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (g). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”.
@@ -0,0 +1,83 @@
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# 37 U.S.C. § 333 - Special bonus and incentive pay authorities for nuclear officers
## Text
(a) Nuclear Officer Bonus.— The Secretary of the Navy may pay a nuclear officer bonus under this section to a person, including an officer in the Navy, who—
(1) is selected for the officer naval nuclear power training program in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to serve, upon completion of such training, on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or
(2) has the current technical qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to remain on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.
(b) Nuclear Officer Incentive Pay.— The Secretary of the Navy may pay nuclear officer incentive pay under this section to an officer in the Navy who—
(1) is entitled to basic pay under section 204 of this title; and
(2) remains on active duty for a specified period while maintaining current technical qualifications, as approved by the Secretary, for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.
(c) Additional Eligibility Criteria.— The Secretary of the Navy may impose such additional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay under this section as the Secretary determines to be appropriate.
(d) Maximum Amount and Method of Payment.— (1) Maximum amount.— The Secretary of the Navy shall determine the amounts of a nuclear officer bonus or nuclear officer incentive pay to be paid under this section, except that—
(A) a nuclear officer bonus paid under subsection (a) may not exceed $75,000 for each 12-month period of the agreement under subsection (e); and
(B) the amount of nuclear officer incentive paid under subsection (b) may not exceed $25,000 for each 12-month period of qualifying service.
(2) Lump sum or installments.— A nuclear officer bonus or nuclear officer incentive pay under this section may be paid in a lump sum or in periodic installments.
(3) Fixing bonus amount.— Upon acceptance by the Secretary concerned of the written agreement required by subsection (e), the total amount of the nuclear officer bonus to be paid under the agreement shall be fixed.
(e) Written Agreement for Bonus.— (1) Agreement required.— To receive a nuclear officer bonus under subsection (a), a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary of the Navy that specifies—
(A) the amount of the bonus;
(B) the method of payment of the bonus under subsection (d)(2);
(C) the period of obligated service; and
(D) the type or conditions of the service.
(2) Replacement agreement.— An officer who is performing obligated service under an agreement for a nuclear officer bonus may execute a new agreement to replace the existing agreement if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agreement. The period of the new agreement shall be equal to or exceed the remaining term of the period of the officers existing agreement. If a new agreement is executed under this paragraph, the existing agreement shall be cancelled, effective on the day before an anniversary date of the existing agreement occurring after the date on which the amount to be paid under this paragraph is increased.
(f) Relationship to Other Pay and Allowances.— A nuclear officer bonus or nuclear officer incentive pay paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under this section and section 332 or 353 of this title for the same skill and period of service.
(g) Repayment.— A person or officer who receives a nuclear officer bonus or nuclear officer incentive pay under this section and who fails to complete the officer naval nuclear power training program, maintain required technical and operational qualifications, complete the period of service, or meet the types or conditions of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (e) in the case of a nuclear officer bonus, shall be subject to the repayment provisions of section 373 of this title.
(h) Regulations.— This section shall be administered under regulations prescribed by the Secretary of the Navy.
(i) Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 166; amended Pub. L. 110417, [div. A], title VI, § 618(a), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 11184, div. A, title VI, § 614(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 614(3), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 614(3), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 614(3), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(3), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 614(3), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, §§ 614(3), 616, Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 614(3), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 614(3), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(c), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(c), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, § 611(c), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 11781, div. A, title VI, § 611(c), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, §§ 601(c), 602(b), Dec. 23, 2022, 136 Stat. 2619, 2620; Pub. L. 11831, div. A, title VI, § 613(c), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118159, div. A, title VI, § 611(c), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, § 611(c), Dec. 18, 2025, 139 Stat. 906.)
## Notes
Editorial Notes
Amendments2025—Subsec. (i). Pub. L. 11960 substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (i). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (i). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (d)(1)(A). Pub. L. 117263, § 602(b), substituted “$75,000” for “$50,000”. Subsec. (i). Pub. L. 117263, § 601(c), substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (i). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (i). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (i). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (i). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (i). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (d)(1)(A). Pub. L. 11492, § 616, substituted “$50,000” for “$35,000”. Subsec. (i). Pub. L. 11492, § 614(3), substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (i). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (i). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (i). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (i). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsecs. (a)(2), (b)(2). Pub. L. 110417 struck out “and operational” after “current technical”.
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# 37 U.S.C. § 334 - Special aviation incentive pay and bonus authorities for officers
## Text
(a) Aviation Incentive Pay.— (1) Incentive pay authorized.— The Secretary concerned may pay aviation incentive pay under this section to an officer of a uniformed service who—
(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title;
(B) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty;
(C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;
(D) engages in or remains in aviation service for a specified period; and
(E) meets such other criteria as the Secretary concerned determines appropriate.
(2) Officers not currently engaged in flying duty.— The Secretary concerned may pay aviation incentive pay under this section to an officer who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment of aviation incentive pay to that officer is in the best interests of the service.
(b) Aviation Bonus.— The Secretary concerned may pay an aviation bonus under this section to an officer of a uniformed service who—
(1) is entitled to aviation incentive pay under subsection (a);
(2) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment;
(3) executes a written agreement to remain on active duty in a regular component or to serve in an active status in a reserve component, or, in the case of an officer of the Space Force, to remain in space force active status in aviation service for at least one year; and
(4) meets such other criteria as the Secretary concerned determines appropriate.
(c) Maximum Amount and Method of Payment.— (1) Maximum amount.— The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that—
(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,500 per month; and
(B) an aviation bonus under subsection (b) may not exceed $50,000 for each 12-month period of obligated service agreed to under subsection (d).
(2) Annual business case for payment of aviation bonus amounts.— (A) In general.— The Secretary concerned shall determine the amount of the aviation bonus payable under paragraph (1)(B) under agreements entered into under subsection (d) during a fiscal year solely through a business case analysis of the amount required to be paid under such agreements in order to address anticipated manning shortfalls for such fiscal year by aircraft type category.
(B) Budget justification documents.— The budget justification documents in support of the budget of the President for a fiscal year (as submitted to Congress pursuant to section 1105 of title 31) shall set forth for each uniformed service the following:
(i) The amount requested for the payment of aviation bonuses under subsection (b) using amounts authorized to be appropriated for the fiscal year concerned by aircraft type category.
(ii) The business case analysis supporting the amount so requested by aircraft type category.
(iii) For each aircraft type category, whether or not the amount requested will permit the payment during the fiscal year concerned of the maximum amount of the aviation bonus authorized by paragraph (1)(B).
(iv) If any amount requested is to address manning shortfalls, a description of any plans of the Secretary concerned to address such shortfalls by nonmonetary means.
(3) Lump sum or installments.— A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.
(4) Fixing bonus amount.— Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.
(d) Written Agreement for Bonus.— To receive an aviation officer bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—
(1) the amount of the bonus;
(2) the method of payment of the bonus under subsection (c)(2);
(3) the period of obligated service; and
(4) the type or conditions of the service.
(e) Officers Performing Inactive Duty Training.— An officer who is entitled to compensation under section 206 of this title and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the compensation received under section 206 for inactive-duty training.
(f) Relationship to Other Pay and Allowances.— (1) Aviation incentive pay.— Aviation incentive pay paid to an officer under subsection (a) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 351(a)(2) or 353(a) of this title for the same skill and period of service.
(2) Aviation bonus.— An aviation bonus paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a bonus payment under such subsection and section 332 or 353(b) of this title for the same skill and period of service.
(g) Repayment.— An officer who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.
(h) Definitions.— In this section:
(1) The term “aviation service” means service performed by an officer while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.
(2) The term “operational flying duty” means flying performed under competent orders by rated or designated officers while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation.
(3) The term “proficiency flying duty” means flying performed under competent orders by rated or designated officers while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.
(4) The term “officer” includes an individual enlisted and designated as an aviation cadet under section 8411 of title 10.
(i) Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 167; amended Pub. L. 110417, [div. A], title VI, § 618(b), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 11184, div. A, title VI, § 614(4), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111383, div. A, title VI, § 614(4), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 614(4), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 614(4), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(4), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 614(4), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 11492, div. A, title VI, §§ 614(4), 617(a)(d), Nov. 25, 2015, 129 Stat. 839, 840; Pub. L. 114328, div. A, title VI, §§ 614(4), 616, Dec. 23, 2016, 130 Stat. 2158, 2159; Pub. L. 11591, div. A, title VI, § 614(4), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(3), title VIII, § 809(m)(3), Aug. 13, 2018, 132 Stat. 1797, 1843; Pub. L. 11692, div. A, title VI, § 611(d)(3), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, § 611(d)(3), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 11781, div. A, title VI, § 611(d)(3), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, §§ 601(d)(3), 602(c), Dec. 23, 2022, 136 Stat. 2619, 2620; Pub. L. 11831, div. A, title VI, § 613(d)(3), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118159, div. A, title VI, § 611(d)(3), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, §§ 601(c)(3), 611(d)(3), Dec. 18, 2025, 139 Stat. 903, 906.)
## Notes
Editorial Notes
Amendments2025—Subsecs. (a)(1), (b). Pub. L. 11960, § 601(c)(3)(A), struck out “in a regular or reserve component” after “to an officer” in introductory provisions. Subsec. (b)(3). Pub. L. 11960, § 601(c)(3)(B), inserted “, or, in the case of an officer of the Space Force, to remain in space force active status,” after “in a reserve component”. Subsec. (e). Pub. L. 11960, § 601(c)(3)(C), struck out “Reserve Component” before “Officers” in heading and substituted “An officer” for “A reserve component officer” in text. Subsec. (h)(1). Pub. L. 11960, § 601(c)(3)(A), struck out “in a regular or reserve component” after “an officer”. Subsec. (h)(2), (3). Pub. L. 11960, § 601(c)(3)(D), struck out “regular or reserve component” after “rated or designated”. Subsec. (i). Pub. L. 11960, § 611(d)(3), substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (i). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (i). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (c)(1)(A). Pub. L. 117263, § 602(c)(1), substituted “$1,500” for “$1,000”. Subsec. (c)(1)(B). Pub. L. 117263, § 602(c)(2), substituted “$50,000” for “$35,000”. Subsec. (i). Pub. L. 117263, § 601(d)(3), substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (i). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (i). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (h)(4). Pub. L. 115232, § 809(m)(3), substituted “section 8411 of title 10” for “section 6911 of title 10”. Subsec. (i). Pub. L. 115232, § 611(d)(3), substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (i). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (c)(1)(A), (B). Pub. L. 114328, § 616(a), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: “(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate, not to exceed— “(i) $1,000 per month for officers performing qualifying flying duty relating to remotely piloted aircraft (RPA); or “(ii) $850 per month for officers performing other qualifying flying duty; and “(B) an aviation bonus under subsection (b) may not exceed, for each 12-month period of obligated service agreed to under subsection (d)— “(i) $35,000 for officers performing qualifying flying duty relating to remotely piloted aircraft; or “(ii) $25,000 for officers performing other qualifying flying duty.” Subsec. (c)(2) to (4). Pub. L. 114328, § 616(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (i). Pub. L. 114328, § 614(4), substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (a). Pub. L. 11492, § 617(a), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1) and realigned margins, and added par. (2). Subsec. (c)(1)(A). Pub. L. 11492, § 617(c)(1), substituted “exceed—” for “exceed $850 per month; and” and added cls. (i) and (ii). Subsec. (c)(1)(B). Pub. L. 11492, § 617(c)(2), substituted “, for each 12-month period of obligated service agreed to under subsection (d)—” for “$25,000 for each 12-month period of obligated service agreed to under subsection (d).” and added cls. (i) and (ii). Subsec. (f)(1). Pub. L. 11492, § 617(d)(1), substituted “353(a)” for “353”. Subsec. (f)(2). Pub. L. 11492, § 617(d)(2), substituted “a bonus payment” for “a payment” and “353(b)” for “353”. Subsec. (h)(1). Pub. L. 11492, § 617(b), struck out “(except a flight surgeon or other medical officer)” after “regular or reserve component”. Subsec. (i). Pub. L. 11492, § 614(4), substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (i). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (i). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (i). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (i). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (f)(1). Pub. L. 110417 substituted “section 351(a)(2)” for “section 351”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by section 809(m)(3) of Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of Title 10, Armed Forces.
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# 37 U.S.C. § 334a - Special aviation incentive pay and bonus authorities: enlisted members who operate remotely piloted aircraft
## Text
(a) Aviation Incentive Pay.— (1) Incentive pay authorized.— The Secretary concerned may pay aviation incentive pay under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(A) is entitled to basic pay under section 204 of this title or compensation under 206 of this title;
(B) is designated as a remotely piloted aircraft pilot, or is in training leading to such a designation;
(C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;
(D) engages in or remains in aviation service for a specified period; and
(E) meets such other criteria as the Secretary concerned determines appropriate.
(2) Enlisted members not currently engaged in flying duty.— The Secretary concerned may pay aviation incentive pay under this section to an enlisted member who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment of aviation pay to that enlisted member is in the best interests of the service.
(b) Aviation Bonus.— The Secretary concerned may pay an aviation bonus under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(1) is entitled to aviation incentive pay under subsection (a);
(2) is within one year of completing the enlistment of the member;
(3) reenlists or voluntarily extends the enlistment of the member—
(A) for a period of at least one year; or
(B) in the case of an enlisted member serving pursuant to an indefinite reenlistment, executes a written agreement—
(i) to remain on active duty for a period of at least one year; or
(ii) to remain in an active status in a reserve component for a period of at least one year; and
(4) meets such other criteria as the Secretary concerned determines appropriate.
(c) Maximum Amount and Method of Payment.— (1) Maximum amount.— The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that—
(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,000 per month; and
(B) an aviation bonus under subsection (b) may not exceed $35,000 for each 12-month period of obligated service agreed to under subsection (d).
(2) Lump sum or installments.— A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.
(3) Fixing bonus amount.— Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.
(d) Written Agreement for Bonus.— To receive an aviation bonus under this section, an enlisted member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—
(1) the amount of the bonus;
(2) the method of payment of the bonus under subsection (c)(2);
(3) the period of obligated service; and
(4) the type or conditions of the service.
(e) Reserve Component Enlisted Members Performing Inactive Duty Training.— An enlisted member of reserve component who is entitled to compensation under section 206 of this title and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the compensation received under section 206 of this title for inactive-duty training.
(f) Relationship to Other Pay and Allowances.— (1) Aviation incentive pay.— Aviation incentive pay paid to an enlisted member under subsection (a) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a payment under such subsection and section 351(a)(2) or 353(a) of this title for the same skill and period of service.
(2) Aviation bonus.— An aviation bonus paid to an enlisted member under subsection (b) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a bonus payment under such subsection and section 331 or 353(b) of this title for the same skill and period of service.
(g) Repayment.— An enlisted member who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.
(h) Definitions.— In this section:
(1) Aviation service.— The term “aviation service” means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible enlisted member who is a remotely piloted aircraft pilot.
(2) Operational flying duty.— The term “operational flying duty” means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which basic flying skills are normally maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to designation as a remotely piloted aircraft pilot by the Secretary concerned.
(3) Proficiency flying duty.— The term “proficiency flying duty” means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.
(i) Termination of Authority.— No agreement may be entered into under this section after December 31, 2018.
(Added Pub. L. 11591, div. A, title VI, § 617(a), Dec. 12, 2017, 131 Stat. 1424.)
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# 37 U.S.C. § 335 - Special bonus and incentive pay authorities for officers in health professions
## Text
(a) Health Professions Bonus.— The Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who—
(1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession;
(2) accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or
(3) agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession.
(b) Health Professions Incentive Pay.— The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who—
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
(2) is serving on active duty or in an active status in a designated health profession specialty or skill.
(c) Board Certification Incentive Pay.— The Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who—
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title;
(2) is board certified in a designated health profession specialty or skill; and
(3) is serving on active duty or in an active status in such designated health profession specialty or skill.
(d) Additional Eligibility Criteria.— The Secretary concerned may impose such additional criteria for the receipt of a bonus or incentive pay under this section as the Secretary determines to be appropriate.
(e) Maximum Amount and Method of Payment.— (1) Maximum amount.— The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that—
(A) a health professions bonus paid under paragraph (1) of subsection (a) may not exceed $100,000 for each 12-month period of obligated service agreed to under subsection (f);
(B) a health professions bonus paid under paragraph (2) of subsection (a) may not exceed $200,000 for each 12-month period of obligated service agreed to under subsection (f);
(C) a health professions bonus paid under paragraph (3) of subsection (a) may not exceed $150,000 for each 12-month period of obligated service agreed to under subsection (f);
(D) health professions incentive pay under subsection (b) may be paid monthly and may not exceed, in any 12-month period—
(i) $200,000 for medical officers and dental officers; and
(ii) $50,000 for officers in other health professions; and
(E) board certification incentive pay under subsection (c) may not exceed $15,000 for each 12-month period an officer remains certified in the designated health profession specialty or skill.
(2) Lump sum or installments.— A health professions bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. Board certification incentive pay under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned.
(3) Fixing bonus amount.— Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the health professions bonus to be paid under the agreement shall be fixed.
(f) Written Agreement for Bonus.— To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—
(1) the amount of the bonus;
(2) the method of payment of the bonus under subsection (e)(2);
(3) the period of obligated service;
(4) whether the service will be performed on active duty or in an active status in a reserve component; and
(5) the type or conditions of the service.
(g) Reserve Component Officers.— An officer in a reserve component authorized incentive pay under subsection (b) or (c) who is not serving on continuous active duty and is entitled to compensation under section 204 of this title or compensation under section 206 of this title may be paid a monthly amount of incentive pay that is proportionate to the basic pay or compensation received under this title.
(h) Relationship to Other Pay and Allowances.— (1) Health professions bonus.— A bonus paid to a person or officer under subsection (a) shall be in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under such subsection and section 332 of this title for the same period of obligated service.
(2) Health professions incentive pay.— Incentive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353 of this title for the same skill and period of service.
(3) Board certification incentive pay.— Incentive pay paid to an officer under subsection (c) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353(b) of this title for the same skill and period of service covered by the certification.
(i) Repayment.— An officer who receives a bonus or incentive pay under this section and who fails to fulfill the eligibility requirements for the receipt of the bonus or incentive pay or complete the period of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (f) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.
(j) Health Profession Defined.— In this section, the term “health profession” means the following:
(1) Any health profession performed by officers in the Medical Corps of a uniformed service or by officers designated as a medical officer.
(2) Any health profession performed by officers in the Dental Corps of a uniformed service or by officers designated as a dental officer.
(3) Any health profession performed by officers in the Medical Service Corps of a uniformed service or by officers designated as a medical service officer or biomedical sciences officer.
(4) Any health profession performed by officers in the Medical Specialist Corps of a uniformed service or by officers designated as a medical specialist.
(5) Any health profession performed by officers of the Nurse Corps of a uniformed service or by officers designated as a nurse.
(6) Any health profession performed by officers in the Veterinary Corps of a uniformed service or by officers designated as a veterinary officer.
(7) Any health profession performed by officers designated as a physician assistant.
(8) Any health profession performed by officers in the regular or reserve corps 11 See Change of Name note below. of the Public Health Service.
(k) Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 169; amended Pub. L. 110417, [div. A], title VI, § 618(c), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 11184, div. A, title VI, § 614(5), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111383, div. A, title VI, § 614(5), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 614(5), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 614(5), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(5), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 614(5), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 614(5), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 614(5), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 614(5), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(4), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(d)(4), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, §§ 611(d)(4), 612(a)(e), Jan. 1, 2021, 134 Stat. 3673, 3674; Pub. L. 11781, div. A, title VI, § 611(d)(4), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, § 601(d)(4), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 11831, div. A, title VI, § 613(d)(4), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118159, div. A, title VI, § 611(d)(4), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, § 611(d)(4), Dec. 18, 2025, 139 Stat. 906.)
## Notes
Editorial Notes
Amendments2025—Subsec. (k). Pub. L. 11960 substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (k). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (k). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (k). Pub. L. 117263 substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (e)(1)(A). Pub. L. 116283, § 612(a), substituted “$100,000” for “$30,000”. Subsec. (e)(1)(B). Pub. L. 116283, § 612(b), substituted “$200,000” for “$100,000”. Subsec. (e)(1)(C). Pub. L. 116283, § 612(c), substituted “$150,000” for “$75,000”. Subsec. (e)(1)(D)(i). Pub. L. 116283, § 612(d)(1), substituted “$200,000” for “$100,000”. Subsec. (e)(1)(D)(ii). Pub. L. 116283, § 612(d)(2) substituted “$50,000” for “$15,000”. Subsec. (e)(1)(E). Pub. L. 116283, § 612(e), substituted “$15,000” for “$6,000”. Subsec. (k). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283, § 611(d)(4), substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (k). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (k). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (k). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (k). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (k). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (k). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (k). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (k). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (k). Pub. L. 11184 substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (e)(1)(D)(i). Pub. L. 110417 substituted “dental officers” for “dental surgeons”.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 2021 AmendmentPub. L. 116283, div. A, title VI, § 612(f), Jan. 1, 2021, 134 Stat. 3674, provided that: “The amendments made by this section [amending this section] shall apply with respect to special bonus and incentive pays payable under section 335 of title 37, United States Code, pursuant to agreements entered into under that section on or after the date of the enactment of this Act [Jan. 1, 2021].”
Targeted Bonus Authority To Increase Direct AccessionsPub. L. 110417, [div. A], title VI, § 620(a), Oct. 14, 2008, 122 Stat. 4489, provided that: “(1) Designation of critically short wartime health specialties.—For purposes of section 335 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110181; 122 Stat. 169), the following health professions are designated as a critically short wartime specialty under subsection (a)(2) of such section:“(A) Psychologists who have been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully licensed and such other mental health practitioners as the Secretary concerned determines to be necessary. “(B) Registered nurses. “(2) Special agreement authority.—Under the authority provided by this section [enacting this note and section 302c1 of this title], the Secretary concerned may enter into an agreement under subsection (f) of section 335 of title 37, United States Code, to pay a health professions bonus under such section to a person who accepts a commission or appointment as an officer and whose health profession specialty is specified in paragraph (1) of this subsection. “(3) Secretary concerned defined.—In this subsection, the term Secretary concerned has the meaning given that term in section 101(5) of title 37, United States Code. “(4) Effective period.—The designations made by this subsection and the authority to enter into an agreement under paragraph (2) of this subsection expire on September 30, 2010.”
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# 37 U.S.C. § 336 - Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers Training Corps
## Text
(a) Contracting Bonus Authorized.— The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers Training Corps who executes a written agreement described in subsection (c).
(b) Amount of Bonus.— The amount of a bonus under subsection (a) may not exceed $5,000.
(c) Agreement.— A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman—
(1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10;
(2) to complete advanced training under chapter 103 of title 10;
(3) to accept a commission or appointment as an officer of the armed forces; and
(4) to serve on active duty.
(d) Payment Method.— Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments.
(e) Repayment.— A person who, having received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment provisions of section 373 of this title.
(f) Regulations.— The Secretary concerned shall issue such regulations as may be necessary to carry out this section.
(g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2026.
(Added Pub. L. 11366, div. A, title VI, § 617(a), Dec. 26, 2013, 127 Stat. 781; amended Pub. L. 113291, div. A, title VI, § 614(6), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 614(6), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 614(6), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 614(6), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(5), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(d)(5), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, § 611(d)(5), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 11781, div. A, title VI, § 611(d)(5), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, § 601(d)(5), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 11831, div. A, title VI, § 613(d)(5), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118159, div. A, title VI, § 611(d)(5), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, § 611(d)(5), Dec. 18, 2025, 139 Stat. 906.)
## Notes
Editorial Notes
Amendments2025—Subsec. (g). Pub. L. 11960 substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (g). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (g). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (g). Pub. L. 117263 substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (g). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (g). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (g). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (g). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (g). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”.
@@ -0,0 +1,89 @@
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title: "37 U.S.C. § 351"
description: "Hazardous duty pay"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "SPECIAL AND INCENTIVE PAYS"
section: "351"
citation: "37 U.S.C. § 351"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 37 U.S.C. § 351 - Hazardous duty pay
## Text
(a) Hazardous Duty Pay.— The Secretary concerned may pay hazardous duty pay under this section to a member of the uniformed services entitled to basic pay under section 204 of this title or compensation under section 206 of this title who—
(1) performs duty in a hostile fire area designated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical injury;
(2) performs duty designated by the Secretary concerned as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; or
(3) performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions.
(b) Maximum Amount.— The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows:
(1) In the case of a member who performs duty in a designated hostile fire area, as described in subsection (a)(1), hazardous duty pay may not exceed $450 per month.
(2) In the case of a member who performs a designated hazardous duty, as described in subsection (a)(2), hazardous duty pay may not exceed $275 per month.
(3) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in subsection (a)(3), hazardous duty pay may not exceed $275 per month.
(c) Method of Payment; Proration.— (1) Monthly payment.— Subject to paragraph (2), hazardous duty pay shall be paid on a monthly basis.
(2) Proration.— If a member does not satisfy the eligibility requirements specified in paragraph (1), (2), or (3) of subsection (a) for an entire month for receipt of hazardous duty pay—
(A) in the case of hazardous duty pay payable under paragraph (1) of subsection (a), the Secretary concerned—
(i) may prorate the payment amount to reflect the duration of the members actual qualifying service during the month; or
(ii) in the case of a member who is exposed to hostile fire or an explosion of a hostile explosive device in or for a day or portion of a day, may, at the election of the Secretary, pay the member hazardous duty pay in an amount not to exceed the entire amount of hazardous duty pay that would be payable to the member under such paragraph (1) for the month in which the duty concerned occurs (with the total amount of hazardous duty pay paid the member under this clause in any given month not to exceed such entire amount); and
(B) in the case of hazardous duty pay payable under paragraph (2) of subsection (a), the Secretary concerned—
(i) may prorate the payment amount to reflect the duration of the members actual qualifying service during the month; and
(ii) in the case of member 11 So in original. Probably should be preceded by “a”. who performs hazardous duty specifically designated by the Secretary concerned, shall pay the member hazardous duty pay in an amount not to exceed the maximum amount of hazardous duty pay that would be payable to the member under subsection (b)(2) for the entire month, regardless of the duration of the qualifying service.
(C) In the case of hazardous duty pay payable under paragraph (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the members actual qualifying service during the month.
(d) Administration and Retroactive Payments.— The effective date for the designation of a hostile fire area, as described in paragraph (1) of subsection (a), and for the designation of a foreign area as an imminent danger area, as described in paragraph (3) of such subsection, may be a date that occurs before, on, or after the actual date of the designation by the Secretary concerned.
(e) Determination of Fact.— Any determination of fact that is made in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1) is conclusive. The determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determination on the basis of new evidence or for other good cause.
(f) Relationship to Other Pay and Allowances.— (1) In addition to other pay and allowances.— A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (2) of subsection (a), or for duty in certain designated areas, as described in paragraph (1) or (3) of such subsection, that is performed by a member during a single month of service.
(2) Limitation.— A member may not receive hazardous duty pay under this section for a month for more than three qualifying instances described in subsection (a)(2).
(g) Prohibition on Variable Rates.— The regulations prescribed to administer this section may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members.
(h) Termination of Authority.— No hazardous duty pay under this section may be paid after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 172; amended Pub. L. 110417, [div. A], title VI, § 618(d), (e), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 11184, div. A, title VI, §§ 614(6), 618(b), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111383, div. A, title VI, § 614(6), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, §§ 614(6), 616(b), Dec. 31, 2011, 125 Stat. 1450, 1451; Pub. L. 112239, div. A, title VI, § 614(6), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(6), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 614(7), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 614(7), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 614(7), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 11591, div. A, title VI, § 614(7), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(6), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(d)(6), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, §§ 611(d)(6), 613, 614, Jan. 1, 2021, 134 Stat. 3673, 3674; Pub. L. 11781, div. A, title VI, § 611(d)(6), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, § 601(d)(6), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 11831, div. A, title VI, § 613(d)(6), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118159, div. A, title VI, § 611(d)(6), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, §§ 601(c)(4), 611(d)(6), Dec. 18, 2025, 139 Stat. 903, 906.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960, § 601(c)(4), struck out “of a regular or reserve component” after “to a member” in introductory provisions. Subsec. (h). Pub. L. 11960, § 611(d)(6), substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (h). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (h). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (h). Pub. L. 117263 substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (b)(2), (3). Pub. L. 116283, § 613, substituted “$275” for “$250”. Subsec. (c)(2)(A)(i). Pub. L. 116283, § 614(1)(A), substituted “may prorate” for “shall prorate”. Subsec. (c)(2)(B). Pub. L. 116283, § 614(1)(B), (C), substituted “paragraph (2)” for “paragraph (2) or (3)”, “the Secretary concerned—” for “the Secretary concerned may prorate the payment amount to reflect the duration of the members actual qualifying service during the month.”, and added cls. (i) and (ii). Subsec. (c)(2)(C). Pub. L. 116283, § 614(1)(C), added subpar. (C). Subsec. (h). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283, §§ 611(d)(6), 614(2), made identical amendments, substituting “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (h). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (h). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (h). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (h). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (h). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (h). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (h). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (c)(2). Pub. L. 11281, § 616(b), substituted “receipt of hazardous duty pay—” for “receipt of hazardous duty pay, the Secretary concerned may prorate the payment amount to reflect the duration of the members actual qualifying service during the month.” and added subpars. (A) and (B). Subsec. (h). Pub. L. 11281, § 614(6), substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsecs. (c) to (h). Pub. L. 11184, § 618(b), added subsec. (c), redesignated former subsecs. (e) to (i) as (d) to (h), respectively, and struck out former subsecs. (c) and (d), which related to method of payment and reserve component members performing inactive duty training. Subsec. (i). Pub. L. 11184, § 618(b)(1), redesignated subsec. (i) as (h). Pub. L. 11184, § 614(6), substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (c). Pub. L. 110417, § 618(d), substituted “paragraph (1) or (3) of subsection (a)” for “subsection (a)”. Subsec. (f). Pub. L. 110417, § 618(e), substituted “in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1)” for “in administering subsection (a)” and struck out at end “The regulations prescribed to administer this section shall define the activities that are considered hazardous for purposes of subsection (a)(2).”
Statutory Notes and Related Subsidiaries
Reviews of Designations of Imminent Danger Pay AreasPub. L. 11960, div. A, title VI, § 614, Dec. 18, 2025, 139 Stat. 907, provided that: “(a) Initial Review.—Not later than March 1, 2026, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall—“(1) commence a review of each area designated under section 351(a)(3) of title 37, United States Code, to determine whether the area is one in which a member of the uniformed services is subject to imminent danger of physical injury due to threat conditions; and “(2) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review, including any changes to designations under that section that result from the review. “(b) Subsequent Reviews.—“(1) In general.—Not later than March 1, 2031, and every 5 years thereafter, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall conduct a review described in subsection (a)(1). “(2) Reports required.—Not later than 60 days after completing a review under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review, including any changes to designations under that section that result from the review. “(c) Reports on Designation Changes Between Reports.—If, at any time between the submission of reports required by subsections (a)(2) and (b)(2), the Secretary of Defense or the Secretary of a military department conducts a review of areas designated under section 351(a)(3) of title 37, United States Code, and makes a change to any such designation, that Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review and the change not later than 60 days after the change is made.”
@@ -0,0 +1,87 @@
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type: "LegalText"
title: "37 U.S.C. § 352"
description: "Assignment pay or special duty pay"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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---
# 37 U.S.C. § 352 - Assignment pay or special duty pay
## Text
(a) Assignment or Special Duty Pay Authorized.— The Secretary concerned may pay assignment or special duty pay under this section to a member of the uniformed services who—
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
(2) performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned.
(b) Maximum Amount and Method of Payment.— (1) Lump sum or installments.— Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the members actual qualifying service during the month.
(2) Maximum monthly amount.— The maximum monthly amount of assignment or special duty pay may not exceed $5,000.
(3) Maximum lump sum amount.— The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of—
(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and
(B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement.
(4) Maximum installment amount.— The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to—
(A) the product of—
(i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; and
(ii) the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by
(B) the number of installments over such period.
(5) Effect of extension.— If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection.
(c) Written Agreement.— (1) Discretionary for monthly payments.— The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay.
(2) Required for lump sum or installment payments.— The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment.
(d) Reserve Component Members Performing Inactive Duty Training.— A member of a reserve component entitled to compensation under section 206 of this title who is authorized assignment or special duty pay under this section may be paid an amount of assignment or special duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.
(e) Relationship to Other Pay and Allowances.— Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(f) Repayment.— A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) for receipt of such pay shall be subject to the repayment provisions of section 373 of this title.
(g) Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 173; amended Pub. L. 11184, div. A, title VI, §§ 614(7), 618(c), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111383, div. A, title VI, § 614(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 614(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 614(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(7), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 614(8), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 614(8), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 614(8), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 614(8), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(7), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(d)(7), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, § 611(d)(7), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 11781, div. A, title VI, § 611(d)(7), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, §§ 601(d)(7), 603(a), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 11831, div. A, title VI, § 613(d)(7), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118159, div. A, title VI, § 611(d)(7), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 11960, div. A, title VI, §§ 601(c)(4), 611(d)(7), Dec. 18, 2025, 139 Stat. 903, 906.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960, § 601(c)(4), struck out “of a regular or reserve component” after “to a member” in introductory provisions. Subsec. (g). Pub. L. 11960, § 611(d)(7), substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (g). Pub. L. 118159 substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (g). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (a)(2). Pub. L. 117263, § 603(a), inserted “(including a cold weather location)” after “location”. Subsec. (g). Pub. L. 117263, § 601(d)(7), substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (g). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (g). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (g). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (g). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (g). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (g). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (g). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (g). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (g). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (b)(1). Pub. L. 11184, § 618(c), inserted at end “If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the members actual qualifying service during the month.” Subsec. (g). Pub. L. 11184, § 614(7), substituted “December 31, 2010” for “December 31, 2009”.
Statutory Notes and Related Subsidiaries
Determination of Cold Weather Location for Purposes of Special Duty PayPub. L. 11831, div. A, title VI, § 615, Dec. 22, 2023, 137 Stat. 292, “For purposes of special duty pay under section 352 of title 37, United States Code, the Secretary concerned shall determine that a duty station is a cold weather location if, at such duty station, the temperature is expected to drop below 20 °F according to the 2012 Plant Hardiness Zone Map published by the Agricultural Research Service of the Department of Agriculture.”
Career Incentive Pay for Marine InspectorsPub. L. 117263, div. K, title CXII, § 11237, Dec. 23, 2022, 136 Stat. 4036, as amended by Pub. L. 11960, div. G, title LXXII, §§ 7201(i)(1), 7312(b), Dec. 18, 2025, 139 Stat. 1686, 1761, provided that: “(a) Authority to Provide Assignment Pay or Special Duty Pay.—For the purposes of addressing an identified shortage of marine inspectors, the Secretary may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position that—“(1) is assigned in support of or is serving as a marine inspector pursuant to section 312 [now section 339] of title 14, United States Code; and “(2) is assigned to a billet that is difficult to fill due to geographic location, requisite experience or certifications, or lack of sufficient candidates, as determined by the Commandant, in an effort to address inspector workforce gaps. “(b) Annual Briefing.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], and annually thereafter, the Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on any uses of the authority under subsection (a) during the preceding year. “(2) Elements.—Each briefing required under paragraph (1) shall include the following:“(A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 339 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code. “(B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. “(C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators. “(D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors. “(c) Study.—“(1) In general.—Not later than 2 years after the date of enactment of this Act, the Secretary, in coordination with the Director of the National Institute for Occupational Safety and Health, shall conduct a study on the health of marine inspectors and marine investigators who have served as such inspectors or investigators for a period of not less than 10 years. “(2) Elements.—The study required under paragraph (1) shall include the following:“(A) An evaluation of—“(i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities; “(ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and “(iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators. “(B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties. “(C) Any other element the Secretary considers appropriate. “(3) Report.—Upon completion of the study required under paragraph (1), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant [of the Coast Guard] should take to improve the health and exposure of marine inspectors and marine investigators. “(d) Termination.—The authority provided by subsection (a) shall terminate on December 31, 2028.”
Additional Assignment Pay or Special Duty Pay Authorized for Members Agreeing To Serve in Afghanistan for Extended PeriodsPub. L. 11184, div. A, title VI, § 619, Oct. 28, 2009, 123 Stat. 2357, provided that: “(a) Authority to Provide Additional Assignment Pay or Special Duty Pay.—The Secretary of Defense may provide assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount of monthly or lump sum assignment or special duty pay authorized under subsection (b) of such section, to members of the Armed Forces (particularly members who achieve language proficiency at levels and in languages specified by the Secretary of Defense) who agree to serve on active duty in Afghanistan for a minimum of three years. The assignment period required by the agreement shall provide for reasonable periods of leave. “(b) Reporting Requirements.—The Secretary shall submit to Congress an annual report on the use of the authority provided under subsection (a) during the preceding year, including—“(1) the number of members of the Armed Forces receiving assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount otherwise authorized under such section; and “(2) an assessment of the impact of the use of such authority on the effectiveness and efficiency in achieving the United States mission in Afghanistan. “(c) Duration of Authority.—The authority provided by subsection (a) to offer additional assignment pay or special duty pay under section 352 of title 37, United States Code, expires on December 31, 2012. The expiration of such authority shall not affect the terms or duration of any agreement entered into before that date to provide additional assignment pay or special duty pay under such section.”
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# 37 U.S.C. § 353 - Skill incentive pay or proficiency bonus
## Text
(a) Skill Incentive Pay.— The Secretary concerned may pay a monthly skill incentive pay to a member of the uniformed services who—
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
(2) serves in a career field or skill designated as critical by the Secretary concerned.
(b) Skill Proficiency Bonus.— (1) Availability; eligible persons.— The Secretary concerned may pay a proficiency bonus to a member of the uniformed services who—
(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; and
(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.
(2) Inclusion of certain senior rotc members.— A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under subsection (g)(2) 11 See References in Text note below. for the same period, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.
(c) Maximum Amounts and Methods of Payment.— (1) Skill incentive pay.— (A) Skill incentive pay under subsection (a) may not exceed $1,750 a month.
(B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect the duration of the members actual qualifying service during the month. A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of such pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.
(2) Proficiency bonus.— A proficiency bonus under subsection (b) may be paid in a lump sum at the beginning of the proficiency certification period or in periodic installments during the proficiency certification period. The amount of the bonus may not exceed $55,000 for each 12-month period of certification. The Secretary concerned may not vary the criteria or rates for the proficiency bonus paid for officers and enlisted members.
(d) Certified Proficiency for Proficiency Bonus.— (1) Certification required.— Proficiency in a designated critical skill for purposes of subsection (b) shall be subject to annual certification by the Secretary concerned.
(2) Duration of certification.— A certification period for purposes of subsection (c)(2) shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date.
(3) Waiver.— Notwithstanding paragraphs (1) and (2), the regulations prescribed to administer this section shall address the circumstances under which the Secretary concerned may waive the certification requirement under paragraph (1) or extend a certification period under paragraph (2).
(e) Written Agreement.— (1) Discretionary for skill incentive pay.— The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of skill incentive pay under subsection (a). The written agreement shall specify the period for which the skill incentive pay will be paid to the member and the monthly rate of the pay.
(2) Required for proficiency bonus.— The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of a proficiency bonus under subsection (b). The written agreement shall specify the amount of the proficiency bonus, the period for which the bonus will be paid, and the initial certification or recertification necessary for payment of the proficiency bonus.
(f) Foreign Language Studies in Officer Training Programs.— (1) Availability of incentive pay.— The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.
(2) Inclusion of certain senior rotc members.— Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives a proficiency bonus under subsection (b)(2) covering the same month, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.
(3) Critical foreign language defined.— In this section, the term “critical foreign language” includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned.
(g) Repayment.— A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility requirement for receipt of the pay or bonus shall be subject to the repayment provisions of section 373 of this title.
(h) Relationship to Other Pays and Allowances.— A member may not be paid more than one pay under this section in any month for the same period of service and skill. A member may be paid skill incentive pay or the proficiency bonus under this section in addition to any other pay and allowances to which the member is entitled, except that a member may not be paid skill incentive pay or a proficiency bonus under this section and hazardous duty pay under section 351 of this title for the same period of service in the same career field or skill.
(i) Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 175; amended Pub. L. 110417, [div. A], title VI, § 619(a), Oct. 14, 2008, 122 Stat. 4487; Pub. L. 11184, div. A, title VI, §§ 614(8), 618(d), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111383, div. A, title VI, § 614(8), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 11281, div. A, title VI, § 614(8), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112239, div. A, title VI, § 614(8), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 11366, div. A, title VI, § 614(8), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113291, div. A, title VI, § 614(9), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 11492, div. A, title VI, § 614(9), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114328, div. A, title VI, § 614(9), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 11591, div. A, title VI, § 614(9), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115232, div. A, title VI, § 611(d)(8), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 11692, div. A, title VI, § 611(d)(8), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116283, div. A, title VI, § 611(d)(8), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 11781, div. A, title VI, § 611(d)(8), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117263, div. A, title VI, §§ 601(d)(8), 602(d), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 11831, div. A, title VI, § 613(d)(8), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118159, div. A, title VI, §§ 611(d)(8), 613, Dec. 23, 2024, 138 Stat. 1932, 1933; Pub. L. 11960, div. A, title VI, §§ 601(c)(4), 611(d)(8), Dec. 18, 2025, 139 Stat. 903, 906.)
## Notes
Editorial Notes
References in TextSubsection (g)(2), referred to in subsec. (b)(2), was redesignated subsec. (f)(2) by Pub. L. 11184, div. A, title VI, § 618(d)(1), Oct. 28, 2009, 123 Stat. 2356.
Amendments2025—Subsecs. (a), (b). Pub. L. 11960, § 601(c)(4), struck out “of a regular or reserve component” after “to a member” in introductory provisions. Subsec. (i). Pub. L. 11960, § 611(d)(8), substituted “December 31, 2026” for “December 31, 2025”. 2024—Subsec. (c)(2). Pub. L. 118159, § 613, substituted “$55,000” for “$12,000”. Subsec. (i). Pub. L. 118159, § 611(d)(8), substituted “December 31, 2025” for “December 31, 2024”. 2023—Subsec. (i). Pub. L. 11831 substituted “December 31, 2024” for “December 31, 2023”. 2022—Subsec. (c)(1)(A). Pub. L. 117263, § 602(d), substituted “$1,750” for “$1,000”. Subsec. (i). Pub. L. 117263, § 601(d)(8), substituted “December 31, 2023” for “December 31, 2022”. 2021—Subsec. (i). Pub. L. 11781 substituted “December 31, 2022” for “December 31, 2021”. Pub. L. 116283 substituted “December 31, 2021” for “December 31, 2020”. 2019—Subsec. (i). Pub. L. 11692 substituted “December 31, 2020” for “December 31, 2019”. 2018—Subsec. (i). Pub. L. 115232 substituted “December 31, 2019” for “December 31, 2018”. 2017—Subsec. (i). Pub. L. 11591 substituted “December 31, 2018” for “December 31, 2017”. 2016—Subsec. (i). Pub. L. 114328 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (i). Pub. L. 11492 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (i). Pub. L. 113291 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (i). Pub. L. 11366 substituted “December 31, 2014” for “December 31, 2013”. Pub. L. 112239 substituted “December 31, 2013” for “December 31, 2012”. 2011—Subsec. (i). Pub. L. 11281 substituted “December 31, 2012” for “December 31, 2011”. Pub. L. 111383 substituted “December 31, 2011” for “December 31, 2010”. 2009—Subsec. (c)(1). Pub. L. 11184, § 618(d)(2), added par. (1) and struck out former par. (1) which provided that skill incentive pay was not to exceed $1,000 per month. Subsecs. (f) to (i). Pub. L. 11184, § 618(d)(1), redesignated subsecs. (g) to (j) as (f) to (i), respectively, and struck out former subsec. (f) which related to reserve component members performing inactive duty training. Subsec. (j). Pub. L. 11184, § 618(d)(1), redesignated subsec. (j) as (i). Pub. L. 11184, § 614(8), substituted “December 31, 2010” for “December 31, 2009”. 2008—Subsec. (b). Pub. L. 110417, § 619(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who— “(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and “(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned.” Subsecs. (g) to (j). Pub. L. 110417, § 619(a)(2), added subsec. (g) and redesignated former subsecs. (g) to (i) as (h) to (j), respectively.
Statutory Notes and Related Subsidiaries
Pilot Program for Foreign Language Proficiency Training for Reserve MembersPub. L. 110417, [div. A], title VI, § 619(c), Oct. 14, 2008, 122 Stat. 4489, provided that: “(1) Pilot program required.—The Secretary of Defense shall conduct a pilot program to provide a skill proficiency bonus under section 353(b) of title 37, United States Code, to a member of a reserve component of the uniformed services who is entitled to compensation under section 206 of such title while the member participates in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical under such section 353. “(2) Duration of pilot program.—The Secretary shall conduct the pilot program during the period beginning on October 1, 2008, and ending on December 31, 2013. Incentive pay may not be provided under the pilot program after December 31, 2013. “(3) Reporting requirement.—Not later than March 31, 2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the recommendations of the Secretary regarding whether to continue or expand the pilot program.”
Expedited ImplementationPub. L. 110417, [div. A], title VI, § 619(d), Oct. 14, 2008, 122 Stat. 4489, as amended by Pub. L. 111383, div. A, title X, § 1075(e)(10), Jan. 7, 2011, 124 Stat. 4375, provided that: “Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the amendments made by subsection (a) [amending this section] in order to ensure the prompt availability of proficiency bonuses and incentive pay under section 353 of title 37, United States Code, as amended by such subsection, for persons enrolled in officer training programs.”
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# 37 U.S.C. § 354 - Special pay: 15-year career status bonus for members entering service on or after August 1, 1986
## Text
(a) Availability of Bonus.— The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the member—
(1) elects to receive the bonus under this section; and
(2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under section 1405 of title 10.
(b) Eligible Career Bonus Member Defined.— In this section, the term “eligible career bonus member” means a member of a uniformed service serving on active duty who—
(1) first became a member on or after August 1, 1986; and
(2) has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty).
(c) Election Method.— An election under subsection (a)(1) shall be made in such form and within such period as the Secretary concerned may prescribe. An election under that subsection is irrevocable.
(d) Amount of Bonus; Payment.— (1) A bonus under this section shall be equal to $30,000.
(2) A member electing to receive the bonus under this section shall elect one of the following payment options:
(A) A single lump sum of $30,000.
(B) Two installments of $15,000 each.
(C) Three installments of $10,000 each.
(D) Four installments of $7,500 each.
(E) Five installments of $6,000 each.
(3) If a member elects installment payments under paragraph (2), the second installment (and subsequent installments, as applicable) shall be paid on the earlier of the following dates:
(A) The annual anniversary date of the payment of the first installment.
(B) January 15 of each succeeding calendar year.
(4) The lump sum payment of the bonus, and the first installment payment in the case of members who elect to receive the bonus in installments, shall be paid to an eligible career bonus member not later than the first month that begins on or after the date that is 60 days after the date on which the Secretary concerned receives from the member the election required under subsection (a)(1) and the written agreement required under subsection (a)(2), if applicable.
(e) Notification of Eligibility.— (1) The Secretary concerned shall transmit to each member who meets the definition of eligible career bonus member a written notification of the opportunity of the member to elect to receive a bonus under this section. The Secretary shall provide the notification not later than 180 days before the date on which the member will complete 15 years of active duty.
(2) The notification shall include the following:
(A) The procedures for electing to receive the bonus.
(B) An explanation of the effects under sections 1401a, 1409, and 1410 of title 10 that such an election has on the computation of any retired or retainer pay that the member may become eligible to receive.
(f) Repayment.— (1) If a person paid a bonus under this section does not complete a period of active duty beginning on the date on which the election of the person under paragraph (1) of subsection (a) is received and ending on the date on which the person completes 20 years of active duty service as described in paragraph (2) of such subsection, the person shall be subject to the repayment provisions of section 373 of this title.
(2) If a person who is paid a bonus under this section subsequently makes an election described in section 1409(b)(4)(B) of title 10, the person shall repay any bonus payments received under this section in the same manner as repayments are made under section 373 of this title.
(g) Sunset and Continuation of Payments.— (1) A Secretary concerned may not pay a new bonus under this section after December 31, 2017.
(2) Subject to subsection (f)(2), the Secretary concerned may continue to make payments for bonuses that were awarded under this section on or before the date specified in paragraph (1).
(Added Pub. L. 10665, div. A, title VI, § 642(a), Oct. 5, 1999, 113 Stat. 662, § 322; amended Pub. L. 107107, div. A, title VI, § 620(a), Dec. 28, 2001, 115 Stat. 1138; Pub. L. 109163, div. A, title VI, § 687(b)(30), Jan. 6, 2006, 119 Stat. 3332; renumbered § 354 and amended Pub. L. 110181, div. A, title VI, § 661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178; Pub. L. 11492, div. A, title VI, § 631(c)(2), Nov. 25, 2015, 129 Stat. 844.)
## Notes
Editorial Notes
Amendments2015—Subsec. (f). Pub. L. 11492, § 631(c)(2)(A), designated existing provisions as par. (1) and added par. (2). Subsec. (g). Pub. L. 11492, § 631(c)(2)(B), added subsec. (g). 2008—Pub. L. 110181, § 661(b)(1), renumbered section 322 of this title as this section. Subsec. (f). Pub. L. 110181, § 661(b)(2), substituted “section 373” for “section 303a(e)”. 2006—Subsec. (f). Pub. L. 109163, amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when person elects to receive bonus to remain continuously on active duty until completion of 20 years but fails to complete total period. 2001—Subsec. (d)(1). Pub. L. 107107, § 620(a)(1), substituted “equal to $30,000” for “paid in a single lump sum of $30,000”. Subsec. (d)(2) to (4). Pub. L. 107107, § 620(a)(2), (3), added pars. (2) and (3), redesignated former par. (2) as (4), and substituted therein “The lump sum payment of the bonus, and the first installment payment in the case of members who elect to receive the bonus in installments,” for “The bonus”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment; ImplementationAmendment by Pub. L. 11492 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 11492, set out as a note under section 8432 of Title 5, Government Organization and Employees.
Effective DateSection effective Oct. 1, 1999, see section 644 of Pub. L. 10665, set out as an Effective Date of 1999 Amendment note under section 1401a of Title 10, Armed Forces.
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109163, see section 687(f) of Pub. L. 109163, set out as a note under section 510 of Title 10, Armed Forces.
Application to Existing AgreementsPub. L. 107107, div. A, title VI, § 620(b), Dec. 28, 2001, 115 Stat. 1139, provided that: “The Secretary concerned (as defined in section 101(5) of title 37, United States Code) shall extend to each member of the uniformed services who has executed the written agreement required by subsection (a)(2) of section 322 [now 354] of such title before the date of the enactment of this Act [Dec. 28, 2001], but who has not received the lump sum payment by that date, an opportunity to make the election authorized by subsection (d) of such section, as amended by this section.”
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# 37 U.S.C. § 356 - Continuation pay: full TSP members with 7 to 12 years of service
## Text
(a) Continuation Pay.— The Secretary concerned shall make a payment of continuation pay to each full TSP member (as defined in section 8440e(a) of title 5) of the uniformed services under the jurisdiction of the Secretary who—
(1) has completed not less than 7 and not more than 12 years of service in a uniformed service; and
(2) enters into an agreement with the Secretary to serve for not less than 3 additional years of obligated service.
(b) Payment Amount.— The Secretary concerned shall determine the payment amount under this section as a multiple of a full TSP members monthly basic pay. The multiple for a full TSP member who is a member of a regular component, a member of the Space Force on sustained duty, or a member of a reserve component, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10), shall not be less than 2.5 times the members monthly basic pay. The multiple for a full TSP member who is a member of a reserve component not performing active Guard or Reserve duty (as so defined) or a member of the Space Force in space force active status not on sustained duty shall not be less than 0.5 times the monthly basic pay to which the member would be entitled if the member were a member of a regular component. The maximum amount the Secretary concerned may pay a member under this section is—
(1) in the case of a member of a regular component or a member of the Space Force on sustained duty—
(A) the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus
(B) at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a); and
(2) in the case of a member of a reserve component or a member of the Space Force in space force active status and not on sustained duty—
(A) the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component or a member of the Space Force on sustained duty, respectively, multiplied by 0.5; plus
(B) at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a).
(c) Additional Discretionary Authority.— In addition to the continuation pay required under subsection (a), the Secretary concerned may provide continuation pay under this subsection to a full TSP member described in subsection (a), and subject to the service agreement referred to in paragraph (2) of such subsection, in an amount determined by the Secretary concerned.
(d) Timing of Payment.— The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member has completed not less than 7 and not more than 12 years of service in a uniformed service.
(e) Lump Sum or Installments.— A full TSP member may elect to receive continuation pay provided under subsection (a) or (c) in a lump sum or in a series of not more than four payments.
(f) Relationship to Other Pay and Allowances.— Continuation pay under this section is in addition to any other pay or allowance to which the full TSP member is entitled.
(g) Repayment.— A full TSP member who receives continuation pay under this section (a) 11 So in original. and fails to complete the obligated service required under such subsection shall be subject to the repayment provisions of section 373 of this title.
(h) Regulations.— Each Secretary concerned shall prescribe regulations to carry out this section.
(Added Pub. L. 11492, div. A, title VI, § 634(a), Nov. 25, 2015, 129 Stat. 850; amended Pub. L. 114328, div. A, title VI, § 633(a)(d)(1), Dec. 23, 2016, 130 Stat. 2163; Pub. L. 11831, div. A, title VI, § 611(a), Dec. 22, 2023, 137 Stat. 290; Pub. L. 11960, div. A, title VI, § 601(c)(6), Dec. 18, 2025, 139 Stat. 904.)
## Notes
Editorial Notes
Amendments2025—Subsec. (b). Pub. L. 11960, § 601(c)(6)(A), substituted “, a member of the Space Force on sustained duty, or a member of a reserve component” for “or a reserve component” and inserting “or a member of the Space Force in space force active status not on sustained duty” after “(as so defined)” in introductory provisions. Subsec. (b)(1). Pub. L. 11960, § 601(c)(6)(B), inserted “or a member of the Space Force on sustained duty” after “of a regular component” in introductory provisions. Subsec. (b)(2). Pub. L. 11960, § 601(c)(6)(C)(i), inserted “or a member of the Space Force in space force active status and not on sustained duty” after “of a reserve component” in introductory provisions. Subsec. (b)(2)(A). Pub. L. 11960, § 601(c)(6)(C)(ii), inserted “or a member of the Space Force on sustained duty, respectively,” after “of a regular component”. 2023—Pub. L. 11831, § 611(a)(1), substituted “7” for “8” in section catchline. Subsec. (a)(1). Pub. L. 11831, § 611(a)(2), substituted “7” for “8”. Subsec. (d). Pub. L. 11831, § 611(a)(2), substituted “7” for “8”. 2016—Pub. L. 114328, § 633(d)(1), substituted “Continuation pay: full TSP members with 8 to 12 years of service” for “Continuation pay: full TSP members with 12 years of service” in section catchline. Subsec. (a)(1). Pub. L. 114328, § 633(a)(1), added par. (1) and struck out former par. (1) which read as follows: “completes 12 years of service; and”. Subsec. (a)(2). Pub. L. 114328, § 633(a)(2), substituted “not less than 3 additional years” for “an additional 4 years”. Subsec. (b). Pub. L. 114328, § 633(b), substituted heading and introductory provisions for former heading and introductory provisions which read as follows: “Amount.—The amount of continuation pay payable to a full TSP member under subsection (a) shall be the amount that is equal to—”. Subsec. (d). Pub. L. 114328, § 633(c), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides continuation pay under subsection (c) to the member, that continuation pay shall be provided when the member completes 12 years of service.”
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPub. L. 114328, div. A, title VI, § 633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate.”
Effective Date; ImplementationSection effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 11492, set out as an Effective Date of 2015 Amendment; Implementation note under section 8432 of Title 5, Government Organization and Employees.
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# 37 U.S.C. § 357 - Special and incentive pay authorities for members of the reserve components of the armed forces
## Text
Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force special or incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of—
(1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or
(2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed.
(Added Pub. L. 11781, div. A, title VI, § 602(a), Dec. 27, 2021, 135 Stat. 1765; amended Pub. L. 11831, div. A, title VI, § 612(a), (b)(1), Dec. 22, 2023, 137 Stat. 290.)
## Notes
Editorial Notes
Amendments2023—Pub. L. 11831, in section catchline, substituted “Special and incentive” for “Incentive” and, in text, substituted “special or incentive pay” for “incentive pay” and “if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of—” for period, and added pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Implementation of SectionPub. L. 11781, div. A, title VI, § 602(c), (d), Dec. 27, 2021, 135 Stat. 1765, as amended by Pub. L. 11831, div. A, title VI, § 612(c), Dec. 22, 2023, 137 Stat. 291; Pub. L. 11960, div. A, title VI, § 613, Dec. 18, 2025, 139 Stat. 907, provided that: “(c) Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—“(1) the plan of the Secretary to implement section 357 of such title [37 U.S.C. 357], as added by subsection (a); “(2) an estimate of the costs of such implementation; “(3) the number of members described in such section; and “(4) any other matter the Secretary determines relevant. “(d) Implementation Date.—“(1) In general.—The Secretary shall not implement section 357 of such title, as added by subsection (a) until after—“(A) submission of the report under subsection (c); and “(B) the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force. “(2) Evaluation of types of special and incentive pay.—“(A) In general.—In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay. “(B) Aviation incentive pay evaluation.—Not later than June 1, 2026, the Secretary shall complete the evaluation required by subparagraph (A) with respect to aviation incentive pay under section 334 of title 37, United States Code. In conducting that evaluation, the Secretary shall make a specific determination with respect to the percentage of such aviation incentive pay, if any, that is paid specifically to maintain skill certification or proficiency under section 357 of title 37, United States Code. “(C) Special and incentive pay framework.—Not later than June 1, 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a detailed report on the special and incentive pay assessment framework, required by the Senate report accompanying the National Defense Authorization Act for Fiscal Year 2024 (Public Law 11831) [see Tables for classification], that includes the Secretarys plan and timeline for implementing such framework. “(3) Initiation of payments.—Not later than January 1, 2027, the Secretary concerned shall begin making aviation incentive payments under section 357 of title 37, United States Code, pursuant to the determination made under paragraph (2)(B).”
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# 37 U.S.C. § 371 - Relationship to other incentives and pays
## Text
(a) Treatment.— A bonus or incentive pay paid to a member of the uniformed services under subchapter II is in addition to any other pay and allowance to which a member is entitled, unless otherwise provided under this chapter.
(b) Exception.— A member may not receive a bonus or incentive pay under both subchapter I and subchapter II for the same activity, skill, or period of service.
(c) Relationship to Other Computations.— The amount of a bonus or incentive pay to which a member is entitled under subchapter II may not be included in computing the amount of—
(1) any increase in pay authorized by any other provision of this title; or
(2) any retired pay, retainer pay, separation pay, or disability severance pay.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 176.)
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# 37 U.S.C. § 372 - Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action
## Text
(a) Continuation of Pays.— If a member of a uniformed service incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while exposed to a hostile fire event, as described under section 351 of this title, and is hospitalized for treatment of the wound, injury, or illness, the Secretary concerned may continue to pay to the member, notwithstanding any provision of this chapter to the contrary, all pay and allowances (including any bonus, incentive pay, or similar benefit) that were being paid to the member at the time the member incurred the wound, injury, or illness.
(b) Duration.— The payment of pay and allowances to a member under subsection (a) may continue until the end of the first month beginning after the earliest of the following dates:
(1) The date on which the member is returned for assignment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Secretary of a military department, the date on which the member is determined fit for duty.
(2) One year after the date on which the member is first hospitalized for the treatment of the wound, injury, or illness, except that the Secretary concerned may extend the termination date in six-month increments.
(3) The date on which the member is discharged, separated, or retired (including temporary disability retirement) from the uniformed services.
(c) Bonus, Incentive Pay, or Similar Benefit Defined.— In this section, the term “bonus, incentive pay, or similar benefit” means a bonus, incentive pay, special pay, or similar payment paid to a member of the uniformed services under this title or title 10.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 176; amended Pub. L. 11692, div. A, title VI, § 601, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 11960, div. A, title VI, § 601(d)(1), Dec. 18, 2025, 139 Stat. 904.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960 struck out “of a regular or reserve component” after “If a member”. 2019—Subsec. (b)(1). Pub. L. 11692 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The date on which the member is returned for assignment to other than a medical or patient unit for duty.”
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# 37 U.S.C. § 373 - Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met
## Text
(a) Repayment and Termination.— Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the members satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.
(b) Exceptions.— (1) Discretion to provide exception to termination and repayment requirements.— Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(2) Special rule for deceased and disabled members.— (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned—
(i) shall not require repayment by the member or the members estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) shall require the payment to the member or the members estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.
(B) Subparagraph (A) does not apply if the death or disability of the member is the result the members misconduct.
(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation.
(D) Amounts to be paid to a member or the members estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.
(E) In this paragraph, the term “combat-related disability” has the meaning given that term in section 1413a(e) of title 10.
(3) Special rule for members who receive sole survivorship discharge.— (A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned—
(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(B) In this paragraph, the term “sole survivorship discharge” means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which—
(i) the father or mother or one or more siblings—
(I) served in the Armed Forces; and
(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and
(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.
(c) Effect of Bankruptcy.— An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after—
(1) the date of the termination of the agreement or contract on which the debt is based; or
(2) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based.
(d) Definitions.— In this section:
(1) The term “bonus, incentive pay, or similar benefit” means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this section or section 303a(e) of this title.
(2) The term “service”, as used in subsection (c)(2), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus, incentive pay, or similar benefit offered by the Secretary concerned—
(A) to a member who remains on active duty, in an active status in a reserve component, or in space force active status;
(B) to perform duty in a specified skill, with or without a specified qualification or credential;
(C) to perform duty in a specified assignment, location or unit; or
(D) to perform duty for a specified period of time.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 177; amended Pub. L. 110417, [div. A], title VI, § 651(c)(1), (2)(A), Oct. 14, 2008, 122 Stat. 4496, 4497; Pub. L. 11184, div. A, title VI, § 617(b), Oct. 28, 2009, 123 Stat. 2355; Pub. L. 11960, div. A, title VI, § 601(d)(2), Dec. 18, 2025, 139 Stat. 904.)
## Notes
Editorial Notes
Amendments2025—Subsec. (d)(2)(A). Pub. L. 11960 substituted “who remains on active duty, in an active status in a reserve component, or in space force active status” for “in a regular or reserve component who remains on active duty or in an active status”. 2009—Subsec. (b)(2). Pub. L. 11184, § 617(b)(1), substituted “Special rule for deceased and disabled members” for “Mandatory payment of unpaid amounts under certain circumstances; no repayment of unearned amounts” in heading. Subsec. (b)(3). Pub. L. 11184, § 617(b)(2), added par. (3). 2008—Pub. L. 110417, § 651(c)(2)(A), substituted “Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met” for “Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met” in section catchline. Subsec. (a). Pub. L. 110417, § 651(c)(1)(A), inserted “and Termination” after “Repayment” in heading and “, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement” in text before period at end. Subsec. (b). Pub. L. 110417, § 651(c)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The regulations prescribed to administer this section may specify procedures for determining the circumstances under which an exception to the required repayment may be granted.”
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# 37 U.S.C. § 374 - Regulations
## Text
This subchapter and subchapter II shall be administered under regulations prescribed by—
(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense;
(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy;
(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and
(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
(Added Pub. L. 110181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 178.)