(a) Covered Members.— This section applies with respect to a 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 continental United States 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 a 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.— 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.
(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.
The date of the enactment of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 105–85, which was approved Nov. 18, 1997.
2006—Subsec. (d). Pub. L. 109–163amended 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.
2003—Pub. L. 108–136, § 621(a)(2)(A), substituted “qualified members” for “qualified enlisted members” in section catchline.
Subsecs. (a), (b). Pub. L. 108–136, § 621(a)(1), substituted “a member” for “an enlisted member” in introductory provisions.
2002—Subsec. (a)(3). Pub. L. 107–314substituted “the continental United States” for “the 48 contiguous States and the District of Columbia”.
1997—Pub. L. 105–85amended 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.
1985—Subsec. (a). Pub. L. 99–145substituted “$80” for “$50” in provision following par. (4).
Effective Date of 1997 Amendment
Section 625(b) ofPub. L. 105–85provided 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.”
Effective Date of 1985 Amendment
Section 641(b) ofPub. L. 99–145provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985.”
Section 5(c)(1) ofPub. L. 96–579provided: “Section
314 of title
37, United States Code, as added by subsection (a), shall take effect on the first day of the first month following the month in which this section is enacted [Dec. 1980] and shall apply to periods of extended duty overseas beginning before, on, or after such date, but no payment may be made under such section for any month before the first day of the first month following the month in which this section is enacted.”
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) ofPub. L. 109–163, see section 687(f) ofPub. L. 109–163, set out as a note under section
510 of Title
10, Armed Forces.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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