Pub. L. 110-181, div. A, tit. VI, subtit. G, sec. 671

REFERRAL BONUS AUTHORITIES.

EnactedYear: 2008Length: 1,574 wordsOfficial source
SEC. 671. REFERRAL BONUS AUTHORITIES.(a) Codification and Modification of Army Referral Bonus Authority.—(1) Army referral bonus.—Chapter 333 of title 10, United States Code, is amended by inserting after section 3251 the following new section:“§ 3252. Bonus to encourage Army personnel to refer persons for enlistment in the Army“(a) Authority To Pay Bonus.—“(1) Authority.—The Secretary of the Army may pay a bonus under this section to an individual referred to in paragraph (2) who refers to an Army recruiter a person who has not previously served in an armed force and who, after such referral, enlists in the regular component of the Army or in the Army National Guard or Army Reserve.“(2) Individuals eligible for bonus.—Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:“(A) A member in the regular component of the Army.“(B) A member of the Army National Guard.“(C) A member of the Army Reserve.“(D) A member of the Army in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired pay.“(E) A civilian employee of the Department of the Army.“(b) Referral.—For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs—“(1) when the individual concerned contacts an Army recruiter on behalf of a person interested in enlisting in the Army; or“(2) when a person interested in enlisting in the Army contacts the Army recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.“(c) Certain Referrals Ineligible.—“(1) Referral of immediate family.—A member of the Army or civilian employee of the Department of the Army may not be paid a bonus under subsection (a) for the referral of an immediate family member.“(2) Members in recruiting roles.—A member of the Army or civilian employee of the Department of the Army serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).122 STAT. 182“(3) Junior reserve officers’ training corps instructors.—A member of the Army detailed under subsection (c)(1) of section 2031 of this title to serve as an administrator or instructor in the Junior Reserve Officers’ Training Corps program or a retired member of the Army employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).“(d) Amount of Bonus.—The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).“(e) Payment.—A bonus payable for a referral of a person under subsection (a) shall be paid as follows:“(1) Not more than $1,000 shall be paid upon the commencement of basic training by the person.“(2) Not more than $1,000 shall be paid upon the completion of basic training and individual advanced training by the person.“(f) Relation to Prohibition on Bounties.—The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of this title.“(g) Coordination With Receipt of Retired Pay.—A bonus paid under this section to a member of the Army in a retired status is in addition to any compensation to which the member is entitled under this title, title 37 or 38, or any other provision of law.“(h) Duration of Authority.—A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2008.” .(2) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3251 the following new item: “3252. Bonus to encourage Army personnel to refer persons for enlistment in the Army.”. (b) Bonus for Referral of Persons for Appointment as Officers To Serve in Health Professions.—(1) Health professions referral bonus.—Chapter 53 of such title is amended by inserting before section 1031 the following new section:“§ 1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions“(a) Authority To Pay Bonus.—“(1) Authority.—The Secretary of Defense may authorize the appropriate Secretary to pay a bonus under this section to an individual referred to in paragraph (2) who refers to a military recruiter a person who has not previously served in an armed force and, after such referral, takes an oath of enlistment that leads to appointment as a commissioned officer, or accepts an appointment as a commissioned officer, in an armed force in a health profession designated by the appropriate Secretary for purposes of this section.“(2) Individuals eligible for bonus.—Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:122 STAT. 183“(A) A member of the armed forces in a regular component of the armed forces.“(B) A member of the armed forces in a reserve component of the armed forces.“(C) A member of the armed forces in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired or retainer pay.“(D) A civilian employee of a military department or the Department of Defense.“(b) Referral.—For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs—“(1) when the individual concerned contacts a military recruiter on behalf of a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession; or“(2) when a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession contacts a military recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.“(c) Certain Referrals Ineligible.—“(1) Referral of immediate family.—A member of the armed forces or civilian employee of a military department or the Department of Defense may not be paid a bonus under subsection (a) for the referral of an immediate family member.“(2) Members in recruiting roles.—A member of the armed forces or civilian employee of a military department or the Department of Defense serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the appropriate Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).“(3) Junior reserve officers’ training corps instructors.—A member of the armed forces detailed under subsection (c)(1) of section 2031 of this title to serve as an administrator or instructor in the Junior Reserve Officers’ Training Corps program or a retired member of the armed forces employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).“(d) Amount of Bonus.—The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).“(e) Payment.—A bonus payable for a referral of a person under subsection (a) shall be paid as follows:“(1) Not more than $1,000 shall be paid upon the execution by the person of an agreement to serve as an officer in a health profession in an armed force for not less than 3 years,“(2) Not more than $1,000 shall be paid upon the completion by the person of the initial period of military training as an officer.“(f) Relation to Prohibition on Bounties.—The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of this title.122 STAT. 184“(g) Coordination With Receipt of Retired Pay.—A bonus paid under this section to a member of the armed forces in a retired status is in addition to any compensation to which the member is entitled under this title, title 37 or 38, or any other provision of law.“(h) Appropriate Secretary Defined.—In this section, the term ‘appropriate Secretary’ means—“(1) the Secretary of the Army, with respect to matters concerning the Army;“(2) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;“(3) the Secretary of the Air Force, with respect to matters concerning the Air Force; and“(4) the Secretary of Defense, with respect to personnel of the Department of Defense.“(i) Duration of Authority.—A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2008.” .(2) Clerical amendments.—The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 1031 the following new item: “1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions.”. (c) Repeal of Superseded army Referral Bonus Authority.—(1) Repeal.—Section 645 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) is repealed.(2) Payment of bonuses under superseded authority.—Any bonus payable under section 645 of the National Defense Authorization Act for Fiscal Year 2006, as in effect before its repeal by paragraph (1), shall remain payable after that date and shall be paid in accordance with the provisions of such section, as in effect on the day before the date of the enactment of this Act.
Pub. L. 110-181, div. A, tit. VI, subtit. G, sec. 671: REFERRAL BONUS AUTHORITIES. | Justis AI