§ 326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage

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. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title VI § 625(a) · 117 Stat. 1392

   Enacted · 37 U.S.C. § 326

   Added Pub. L. 108–136, div. A, title VI, § 625(a), Nov. 24, 2003, 117 Stat. 1506

   Source evidence

   Code source credit
   Added Pub. L. 108–136, div. A, title VI, § 625(a), Nov. 24, 2003, 117 Stat. 1506

   Enacted provision · exact public law section
   (a) In General.— Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: “§ 326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage “(a) Incentive Bonus Authorized.— The Secretary concerned may pay a bonus under this section to an eligible member 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— “(1) the member is entitled to basic pay; and “(2) at the time the agreement is executed, the member is serving in— “(A) pay grade E–6, with not more than 10 years of service computed under section 205 of this title; or “(B) pay grade E–5 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 member’s conversion to the military occupational specialty is approved by the chief personnel officer of the member’s 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 of Bonus.— (1) A member who receives a bonus under this section and who, voluntarily or because of misconduct, fails to serve in such military occupational specialty for the period specified in the agreement executed under subsection (a) shall refund to the United States an amount that bears the same ratio to the bonus amount paid to the member as the unserved part of such period bears to the total period agreed to be served. “(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 five years after the termination of the agreement for which a bonus was paid under this section shall not discharge the person signing such agreement from the debt arising under paragraph (1). “(4) Under regulations prescribed pursuant to subsection (f), the Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. “(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, 2006.” .

2. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 622(a)(1) · 118 Stat. 1811

   Inserted · 37 U.S.C. § 326(a)

   Pub. L. 108–375, § 622(a)(1), inserted “of a regular or reserve component” after “an eligible member”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–375, § 622(a)(1), inserted “of a regular or reserve component” after “an eligible member”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “of a regular or reserve component” after “an eligible member”;

3. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 622(a)(2) · 118 Stat. 1811

   1. Substituted · 37 U.S.C. § 326(b)

      Pub. L. 108–375, § 622(a)(2), substituted comma for dash after “if”

   2. Struck · 37 U.S.C. § 326(b)

      Pub. L. 108–375, § 622(a)(2), struck out “(1) the member is entitled to basic pay; and” and par. (2) designation before “at the time”

   3. Redesignated · 37 U.S.C. § 326(b)

      Pub. L. 108–375, § 622(a)(2), redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–375, § 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.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by striking “if—” and all that follows through “at the time” and inserting “if, at the time”; and (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and

4. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 622(b) · 118 Stat. 1811

   Inserted · 37 U.S.C. § 326(c)(1)

   Pub. L. 108–375, § 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”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 108–375, § 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”.

   Enacted provision · exact public law section
   (b) Amount of Bonus.— Subsection (c)(1) of such section is amended by inserting before the period at the end the following: “, 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”.

5. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 622(a)(3) · 118 Stat. 1811

   Inserted · 37 U.S.C. § 326(c)(2)

   Pub. L. 108–375, § 622(a)(3), inserted “regular or reserve component of the” after “chief personnel officer of the”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 108–375, § 622(a)(3), inserted “regular or reserve component of the” after “chief personnel officer of the”.

   Enacted provision · exact public law section
   (3) in subsection (c)(2), by inserting “regular or reserve component of the” after “chief personnel officer of the”.

6. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI § 687(b)(34) · 119 Stat. 3136

   1. Amended · 37 U.S.C. § 326(e)

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

   2. Substituted · 37 U.S.C. § 326(e)

      Pub. L. 109–163, 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

   Source evidence

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

   Enacted provision · exact public law section
   (34) Incentive bonus for conversion to military occupational specialty.— Subsection (e) of section 326 of such title is amended to read as follows: “(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.” .

7. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title VI § 614(g) · 120 Stat. 2083

   Substituted · 37 U.S.C. § 326(g)

   Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.

   Enacted provision · exact public law section
   (g) Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage.— Section 326(g) of such title is amended by striking “December 31, 2006” and inserting “December 31, 2007”.

8. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title VI § 614(f) · 122 Stat. 3

   Substituted · 37 U.S.C. § 326(g)

   Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

   Enacted provision · exact public law section
   (f) Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage.— Section 326(g) of such title is amended by striking “December 31, 2007” and inserting “December 31, 2008”.

   Effective date note
   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.

9. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 · 122 Stat. 4356

   Substituted · 37 U.S.C. § 326(g)

   Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.

10. 2009

    National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. A title VI § 615(6) · 123 Stat. 2190

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

    Enacted provision · exact public law section
    (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

11. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title VI § 615(6) · 124 Stat. 4137

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

    Enacted provision · exact public law section
    (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

12. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. A title VI § 615(6) · 125 Stat. 1298

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

    Enacted provision · exact public law section
    (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

13. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 617 · 126 Stat. 1632

    Substituted · 37 U.S.C. § 326(c)(1)

    Pub. L. 112–239, § 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.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 112–239, § 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.”

    Enacted provision · exact public law section
    SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR RESERVE COMPONENT MEMBERS WHO CONVERT MILITARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORTAGES.   Section 326(c)(1) of title 37, United States Code, is amended by striking “$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.” and inserting “$4,000.”.

14. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 615(6) · 126 Stat. 1632

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 112–239, § 615(6), substituted “December 31, 2013” for “December 31, 2012”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–239, § 615(6), substituted “December 31, 2013” for “December 31, 2012”.

    Enacted provision · exact public law section
    (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

15. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. A title VI § 615(6) · 127 Stat. 672

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

    Enacted provision · exact public law section
    (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

16. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title VI § 615(7) · 128 Stat. 3292

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

    Enacted provision · exact public law section
    (7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

17. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 div. A title VI § 615(7) · 129 Stat. 726

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

    Enacted provision · exact public law section
    (7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

18. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title VI § 615(7) · 130 Stat. 2000

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

    Enacted provision · exact public law section
    (7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

19. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title VI § 615(7) · 131 Stat. 1283

    Substituted · 37 U.S.C. § 326(g)

    Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

    Enacted provision · exact public law section
    (7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

21 of 22 references resolved to an enrolled provision · 1 partial