§ 314. Special pay or bonus: qualified members extending duty at designated locations overseas

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–579 § 5(a)(1) · 94 Stat. 3359

   Enacted · 37 U.S.C. § 314

   Added Pub. L. 96–579, § 5(a)(1), Dec. 23, 1980, 94 Stat. 3366

   Source evidence

   Code source credit
   Added Pub. L. 96–579, § 5(a)(1), Dec. 23, 1980, 94 Stat. 3366

   Enacted provision · exact public law section
   (1) Chapter 5 of title 37, United States Code, is amended by adding at the end thereof the following new section: “§ 314. Special pay: qualified enlisted members extending duty at designated locations overseas “(a) Under regulations prescribed by the Secretary concerned, an enlisted 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 48 contiguous States and the District of Columbia 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; is entitled, upon acceptance of the agreement providing for such extension by the Secretary concerned, to special pay for duty performed during the period of the extension at a rate of not more than $50 per month, as prescribed by the Secretary concerned. “(b) A member who elects to receive rest and recuperative absence or transportation at Government expense, or any combination thereof, Infra. under section 705 of title 10 is not entitled to the special pay authorized by this section for the period of extension of duty for which the rest and recuperative absence or transportation is authorized.”.

2. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title VI § 641(a) · 99 Stat. 583

   Substituted · 37 U.S.C. § 314(a)

   Pub. L. 99–145 substituted “$80” for “$50” in provision following par. (4)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–145 substituted “$80” for “$50” in provision following par. (4).

   Enacted provision · exact public law section
   (a) Increase in Rate of Monthly Special Pay.— Section 314(a) of title 37, United States Code, is amended by striking out “$50” and inserting in lieu thereof “$80”

3. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title VI § 625(a)(1) · 111 Stat. 1629

   Amended · 37 U.S.C. § 314

   Pub. L. 105–85 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

   Source evidence

   Code amendment note
   Pub. L. 105–85 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.

   Enacted provision · exact public law section
   (1) Section 314 of title 37, United States Code, is amended to read as follows: “§314. Special pay or bonus: qualified enlisted members extending duty at designated locations overseas “(a) Covered Members.— This section applies with respect to an enlisted 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 48 contiguous States and the District of Columbia 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 an enlisted 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 member’s 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 of Bonus.— (1) 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 refund to the United States the unearned portion of the bonus. The unearned portion of the bonus is the amount by which the amount of the bonus paid to the member exceeds the amount determined by multiplying the amount of the bonus paid by the percent determined by dividing 12 into the number of full months during which the member performed the duty in the 12-month period. “(2) The Secretary concerned may waive the obligation of a member to reimburse the United States under paragraph (1) if the Secretary determines that conditions and circumstances warrant the waiver. “(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under the agreement or under paragraph (1). This paragraph Applicability. applies to any case commenced under title 11 on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998. “(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.”.

   Effective date note
   Pub. L. 105–85, 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.”

4. 2002

   Pub. L. 107–314 div. A title VI § 654(b)(1) · 116 Stat. 2458

   Substituted · 37 U.S.C. § 314(a)(3)

   Pub. L. 107–314 substituted “the continental United States” for “the 48 contiguous States and the District of Columbia”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 107–314 substituted “the continental United States” for “the 48 contiguous States and the District of Columbia”.

   Enacted provision · exact public law section
   (1) Section 314(a)(3) is amended by striking “the 48 contiguous States and the District of Columbia” and inserting “the continental United States”.

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 621(a)(2)(A) · 117 Stat. 1392

   Substituted · 37 U.S.C. § 314

   Pub. L. 108–136, § 621(a)(2)(A), substituted “qualified members” for “qualified enlisted members” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 621(a)(2)(A), substituted “qualified members” for “qualified enlisted members” in section catchline.

   Enacted provision · exact public law section
   (A) The heading of such section is amended to read as follows: “§ 314. Special pay or bonus: qualified members extending duty at designated locations overseas” .

6. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 621(a)(1) · 117 Stat. 1392

   Substituted · 37 U.S.C. § 314(a); 37 U.S.C. § 314(b)

   Pub. L. 108–136, § 621(a)(1), substituted “a member” for “an enlisted member” in introductory provisions

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 108–136, § 621(a)(1), substituted “a member” for “an enlisted member” in introductory provisions.

   Enacted provision · exact public law section
   (1) Subsections (a) and (b) of section 314 of title 37, United States Code, are amended by striking “an enlisted member” and inserting “a member”.

7. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI § 687(b)(23) · 119 Stat. 3136

   1. Amended · 37 U.S.C. § 314(d)

      Pub. L. 109–163 amended heading and text of subsec. (d) generally

   2. Substituted · 37 U.S.C. § 314(d)

      Pub. L. 109–163 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

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–163 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.

   Enacted provision · exact public law section
   (23) Enlisted members extending duty at designated locations overseas.— Subsection (d) of section 314 of such title is amended to read as follows: “(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.” .

8 of 8 references resolved to an enrolled provision