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37 U.S.C. § 355 — Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 355 — Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units

**(a) Retention Bonus Authorized.—** A member of the armed forces who is serving on active duty in a regular component or in an active status in a reserve component, or a member the Space Force who is serving in space force active status, and who is qualified in a critical military skill designated under subsection (b) or accepts an assignment to a high priority unit designated under such subsection may be paid a retention bonus as provided in this section if— (1) in the case of an officer, the member executes a written agreement to remain on active duty for at least one year, to remain in an active status in a reserve component for at least one year, or to remain in space force active status for at least one year; (2) in the case of an enlisted member, other than an enlisted member referred to in paragraph (3), the member reenlists or voluntarily extends the member’s enlistment for a period of at least one year; or (3) in the case of an enlisted member serving pursuant to an indefinite reenlistment, the member executes a written agreement to remain on active duty for a period of at least one year or to remain in an active status in a reserve component for a period of at least one year. **(b) Eligibility Criteria.—** (1) A designated critical military skill referred to in subsection (a) is a military skill designated as critical by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may designate a unit as a high priority unit regarding which a retention bonus will be provided to a member of the armed forces who agrees

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Stable record: federal_law:legal_authorities:record_usc_80f993cd28ff487da4dfe858
Source file: Laws/federal/codes/united-states-code/title-37/section-355-special-pay-retention-incentives-for-members-qualified-in-critical-milit--14f4e76236.md
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Passage SHA-256: 82ce3479ab39358c898ca6c33413e9f8e9f9056908acb07c7e22b9594d21309a

Source location: Title 37, Chapter 5, § 355; chapter-005-special-and-incentive-pays.md

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**(a) Retention Bonus Authorized.—** A member of the armed forces who is serving on active duty in a regular component or in an active status in a reserve component, or a member the Space Force who is serving in space force active status, and who is qualified in a critical military skill designated under subsection (b) or accepts an assignment to a high priority unit designated under such subsection may be paid a retention bonus as provided in this section if— (1) in the case of an officer, the member executes a written agreement to remain on active duty for at least one year, to remain in an active status in a reserve component for at least one year, or to remain in space force active status for at least one year; (2) in the case of an enlisted member, other than an enlisted member referred to in paragraph (3), the member reenlists or voluntarily extends the member’s enlistment for a period of at least one year; or (3) in the case of an enlisted member serving pursuant to an indefinite reenlistment, the member executes a written agreement to remain on active duty for a period of at least one year or to remain in an active status in a reserve component for a period of at least one year. **(b) Eligibility Criteria.—** (1) A designated critical military skill referred to in subsection (a) is a military skill designated as critical by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may designate a unit as a high priority unit regarding which a retention bonus will be provided to a member of the armed forces who agrees to accept an assignment to the unit under subsection (a). **(c) Payment Methods.—** A bonus under this section may be paid in a single lump sum or in periodic installments. **(d) Maximum Bonus Amount.—** (1) A member may enter into an agreement under this section, or reenlist or voluntarily extend the member’s enlistment, more than once to receive a bonus under this section. However, a member may not receive a total of more than $200,000 (or $100,000 in the case of a reserve component member or a member of the Space Force not on sustained duty) in payments under this section. (2) The limitation in paragraph (1) on the total bonus payments that a member may receive under this section does not apply with respect to an officer who is assigned duties as a health care professional. **(e) Certain Members Ineligible.—** (1) A retention bonus may not be provided under subsection (a) to a member of the armed forces who— (A) has completed more than 25 years of a specified form of service (or combination thereof); or (B) will complete the member’s twenty-fifth year of a specified form of service (or combination thereof) before the end of the period of service for which the bonus is being offered. (2) The limitations in paragraph (1) do not apply with respect to an officer who, during the period of service for which the bonus is being offered, is assigned duties as a health care professional. (3) The limitations in paragraph (1) do not apply with respect to a member who, during the period of service for which the bonus is being offered— (A) is qualified in a skill designated as critical under subsection (b)(1) related to special operations forces; or (B) is qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. (4) 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, may waive the limitations in paragraph (1) with respect to a member who, during the period of service for which the bonus is being offered, is assigned duties in a skill designated as critical under subsection (b)(1). The authority to grant a waiver under this paragraph may not be delegated below the Under Secretary of Defense for Personnel and Readiness or the Deputy Secretary of the Department of Homeland Security. (5) In this subsection, the term “specified form of service” means— (A) service on active duty; (B) service in an active status in a reserve component; or (C) service in the Space Force in space force active status. **(f) Relationship to Other Incentives.—** A retention bonus paid under this section is in addition to any other pay and allowances to which a member is entitled. **(g) Repayment.—** A member paid a bonus under this section who fails, during the period of service covered by the member’s agreement, reenlistment, or voluntary extension of enlistment under subsection (a), to remain qualified in the critical military skill or to satisfy the other eligibility criteria for which the bonus was paid shall be subject to the repayment provisions of [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section373&num=0&edition=prelim). **(h) Termination of Bonus Authority.—** No bonus may be paid under this section with respect to any reenlistment, or voluntary extension of an enlistment, in the armed forces entered into after December 31, 2026, and no agreement under this section may be entered into after that date.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 323 — Renumbered § 355]

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Source: U.S. Code supplied Markdown snapshot · 37 U.S.C. § 323

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 510 — Enlistment incentives for pursuit of skills to facilitate national service

**(a) Enlistment Incentive Program.—** The Secretary of Defense shall carry out an enlistment incentive program in accordance with this section under which a person who is a National Call to Service participant shall be entitled to one of the incentives specified in subsection (e). The program shall be carried out during the period ending on December 31, 2007, and may be carried out after that date. **(b) National Call to Service Participant.—** In this section, the term “National Call to Service participant” means a person who has not previously served in the armed forces who enters into an original enlistment pursuant to a written agreement with the Secretary of a military department (in such form and manner as may be prescribed by that Secretary) under which the person agrees to perform a period of national service as specified in subsection (c). **(c) National Service.—** The total period of national service to which a National Call to Service participant is obligated under the agreement under this section shall be specified in the agreement. Under the agreement, the participant shall— (1) upon completion of initial entry training (as prescribed by the Secretary of Defense), serve on active duty in a military occupational specialty designated by the Secretary of Defense under subsection (d) for a period of 15 months; (2) upon completion of the period of active duty specified in paragraph (1) and without a break in service, serve either (A) an additional period of active duty as determined by the Secretary of Defense, or (B) a period of 24 months in an active status in the Selected Reserve or the Space Force; and (3) upon completion of the period of service specified in paragraph (2), and without a break in service, serve the remaining period of obligated servic

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 510

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2130a — Financial assistance: nurse officer candidates

**(a) Bonus Authorized.—** (1) A person described in subsection (b) who, during the period beginning on November 29, 1989, and ending on December 31, 2026, executes a written agreement in accordance with subsection (c) to accept an appointment as a nurse officer may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus of not more than $40,000. The bonus shall be paid in periodic installments, as determined by the Secretary concerned at the time the agreement is accepted, except that the first installment may not exceed $20,000. (2) In addition to the accession bonus payable under paragraph (1), a person selected under such paragraph shall be entitled to a monthly stipend in an amount not to exceed the stipend rate in effect under [section 2121(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121/d&num=0&edition=prelim) for each month the individual is enrolled as a full-time student in an accredited baccalaureate degree program in nursing at a civilian educational institution by the Secretary selecting the person. The continuation bonus may be paid for not more than 24 months. **(b) Eligible Students.—** A person eligible to enter into an agreement under subsection (a) is a person who— (1) is enrolled as a full-time student in an accredited baccalaureate degree program in nursing at a civilian educational institution that does not have a Senior Reserve Officers’ Training Corps program established under [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2102&num=0&edition=prelim) by the Secretary selecting the person or that has a Senior Reserve Officers’ Training Corps program for which the student is ineligible; (2) has comple

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2130a

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Federal law — U.S. Code and appendices · legal_authorities

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

**(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 member’s 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 member’s 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 member’s estate of the remainder of any bonus, incen

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 373

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 101 — Agency

In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 355 — Special pay: retention incentives for mem-

Page 146 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 355 (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 re- quired 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.’’ § 355. Special pay: retention incentives for mem- bers qualified in critical military skills or as- signed to high priority units (a) RETENTION BONUS AUTHORIZED.—An officer or enlisted member of the armed forces who is serving on active duty in a regular component or in an active status in a reserve component and who is qualified in a critical military skill designated under subsection (b) or accepts an as- signment to a high priority unit designated under such subsection may be paid a retention bonus as provided in this section if— (1) in the case of an officer, the member exe- cutes a written agreement to remain on active duty for at least one year or to remain in an active status in a reserve component for at least one year; (2) in the case of an enlisted member, other than an enlisted member referred to in para- graph (3), the member reenlists or voluntarily extends the member’s enlistment for a period of at least one year; or (3) in the case of an enlisted member serving pursuant to an indefinite reenlistment, the member executes a written agreement to re- main on active duty for a period of at least one year or to remain in an active status in a reserve component for a period of at least one year. (b) ELIGIBILITY CR

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 355

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