37-U.S.C.-309
§309 – Special Pay: Enlistment Bonus
Pathway
Title 37 > Chapter 5 > Subchapter I > Section 309
Details
- Reference: Section 309
- Legend: §309 – Special Pay: Enlistment Bonus
- USCode Year: 2013
Provision Content
(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, 2014.
(Added Pub. L. 106–398, §1 [[div. A], title VI, §624(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; amended Pub. L. 107–107, div. A, title VI, §614(c), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §614(c), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §614(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §614(d), Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109–163, div. A, title VI, §§624(d), 635, 687(b)(20), Jan. 6, 2006, 119 Stat. 3295, 3300, 3330; Pub. L. 109–364, div. A, title VI, §614(d), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, §614(c), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §614(d), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, §615(4), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, §615(4), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §615(4), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §615(4), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §615(4), Dec. 26, 2013, 127 Stat. 781.)
Prior Provisions
A prior section 309, Pub. L. 87–649, 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. 96–107, 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.
Amendments
2013—Subsec. (e). Pub. L. 113–66 substituted December 31, 2014 for December 31, 2013.
Pub. L. 112–239 substituted December 31, 2013 for December 31, 2012.
2011—Subsec. (e). Pub. L. 112–81 substituted December 31, 2012 for December 31, 2011.
Pub. L. 111–383 substituted December 31, 2011 for December 31, 2010.
2009—Subsec. (e). Pub. L. 111–84 substituted December 31, 2010 for December 31, 2009.
2008—Subsec. (e). Pub. L. 110–417 substituted December 31, 2009 for December 31, 2008.
Pub. L. 110–181 substituted December 31, 2008 for December 31, 2007.
2006—Subsec. (a). Pub. L. 109–163, §635, substituted $40,000 for $20,000.
Subsec. (b). Pub. L. 109–163, §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. 109–364 substituted December 31, 2007 for December 31, 2006.
Pub. L. 109–163, §624(d), substituted December 31, 2006 for December 31, 2005.
2004—Subsec. (e). Pub. L. 108–375 substituted December 31, 2005 for December 31, 2004.
2003—Subsec. (e). Pub. L. 108–136 substituted December 31, 2004 for December 31, 2003.
2002—Subsec. (d). Pub. L. 107–296 substituted of Homeland Security for of Transportation.
Subsec. (e). Pub. L. 107–314 substituted December 31, 2003 for December 31, 2002.
2001—Subsec. (e). Pub. L. 107–107 substituted December 31, 2002 for December 31, 2001.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, 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 Amendment
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date
Pub. L. 106–398, §1 [[div. A], title VI, §624(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153, 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 Provision
For 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. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
U.S. Encyclopedia of Law Coverage
37-U.S.C.-308D in the Legal Encyclopedia: Uniformed Services
In this entry about 37-U.S.C.-308D, find legal reference material, bibliographies and premiere content related to uniformed services in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniformed services-specific issues, written by authorities in the field.
37-U.S.C.-308E in the Legal Encyclopedia: Special Pays
In this entry about 37-U.S.C.-308E, find legal reference material, bibliographies and premiere content related to special pays in the American Encyclopedia of Law, presenting a comprehensive view of the United States special pays-specific issues, written by authorities in the field.
37-U.S.C.-306A in the Legal Encyclopedia: Payments
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37-U.S.C.-307 in the Legal Encyclopedia: Incentive Pays
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