37 U.S.C. § 329 — Incentive bonus: retired members and re-

Page 127 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 329 a military department under this subsection shall be subject to the approval of the Secretary of Defense. (h) TERMINATION OF AUTHORITY.—No agree- ment under this section may be entered into after December 31, 2018. (Added and amended Pub. L. 109–163, div. A, title VI, §§ 641(a), 687(b)(35), Jan. 6, 2006, 119 Stat. 3304, 3333; Pub. L. 109–364, div. A, title VI, §§ 614(h), 620(a), Oct. 17, 2006, 120 Stat. 2249, 2252; Pub. L. 111–84, div. A, title VI, § 615(7), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(7), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112–239, div. A, title VI, § 615(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(7), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(8), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(8), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(8), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(8), Dec. 12, 2017, 131 Stat. 1423.) Editorial Notes AMENDMENTS 2017—Subsec. (h). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (h). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (h). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (h). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (h). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (h). Pub. L. 112–81 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (h). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2006—Subsec. (d)(1). Pub. L. 109–364, § 620(a), sub- stituted ‘‘$10,000’’ for ‘‘$2,500’’. Subsec. (f). Pub. L. 109–163, § 687(b)(35), amended head- ing and text of subsec. (f) generally. Prior to amend- ment, text read as follows: ‘‘(1) A member who is paid a bonus under an agree- ment under this section and who, voluntarily or be- cause of misconduct, fails to serve for the period cov- ered 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 im- posed 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. 109–364, § 614(h), substituted ‘‘2009’’ for ‘‘2006’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, 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 en- tered into or revised under section 327 of title 37, United States Code, on or after that date.’’ SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar 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. [§ 328. Repealed. Pub. L. 114–328, div. A, title VI, § 647(a), Dec. 23, 2016, 130 Stat. 2168] Section, added Pub. L. 109–163, div. A, title VI, § 642(a), Jan. 6, 2006, 119 Stat. 3305, related to combat-re- lated injury rehabilitation pay. § 329. Incentive bonus: retired members and re- serve component members volunteering for high-demand, low-density assignments (a) INCENTIVE BONUS AUTHORIZED.—The Sec- retary 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 exe- cutes 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 devel- oped under subsection (d) may not exceed $50,000. (c) METHODS OF PAYMENT.—At the election of the Secretary of Defense, a bonus under sub- section (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 mem- bers to return to active duty in assignments in- tended 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 re- quirements. (2) The provision of any incentive developed under this subsection shall be subject to an agreement, as required for bonuses under sub- section (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 de- scription of that incentive and an explanation why a bonus under subsection (a) or other pay and allowances are not sufficient to alleviate Page 128 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 330 the high-demand, low-density military capa- bility or otherwise fill critical military special- ties. (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 ALLOW- ANCES.—A bonus or other incentive paid or pro- vided to a member under this section is in addi- tion 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 re- ceives a bonus or other incentive under this sec- tion 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 com- plete 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 CA- PABILITY.—In this section, the term ‘‘high-de- mand, low-density military capability’’ means a combat, combat support or service support capa- bility, 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. 109–364, div. A, title VI, § 621(a), Oct. 17, 2006, 120 Stat. 2253.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–364, div. A, title VI, § 621(e), Oct. 17, 2006, 120 Stat. 2255, provided that: ‘‘No agreement may be en- tered into under section 329 of title 37, United States Code, as added by subsection (a), before October 1, 2006.’’ § 330. Special pay: accession bonus for officer candidates (a) ACCESSION BONUS AUTHORIZED.—Under reg- ulations prescribed by the Secretary concerned, a person who executes a written agreement de- scribed in subsection (c) may be paid an acces- sion bonus under this section upon acceptance of the agreement by the Secretary concerned. (b) AMOUNT OF BONUS.—The amount of an ac- cession bonus under subsection (a) may not ex- ceed $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 commis- sioned 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 re- ceived all or part of the bonus under a written agreement under subsection (a), does not com- plete the total period of active duty as a com- missioned 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 De- cember 31, 2018. (Added Pub. L. 109–364, div. A, title VI, § 622(a)(1), Oct. 17, 2006, 120 Stat. 2255; amended Pub. L. 110–181, div. A, title VI, § 614(g), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 614(g), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 615(8), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(8), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(8), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112–239, div. A, title VI, § 615(8), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(8), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(9), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(9), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(9), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(9), Dec. 12, 2017, 131 Stat. 1423.) Editorial Notes AMENDMENTS 2017—Subsec. (f). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (f). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (f). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (f). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (f). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (f). Pub. L. 112–81 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (f). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (f). Pub. L. 110–417 substituted ‘‘Decem- ber 31, 2009’’ for ‘‘December 31, 2008’’. Pub. L. 110–181 substituted ‘‘December 31, 2008’’ for ‘‘December 31, 2007’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see sec- tion 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 Uni- formed Services note under section 2130a of Title 10, Armed Forces.