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ber is entitled under subchapter II may not be included 
in computing the amount of— 
‘‘(1) any increase in pay authorized by any 
other provision of this title; or 
‘‘(2) any retired pay, retainer pay, separation 
pay, or disability severance pay. 
‘‘§ 372. Continuation of pays during hospitalization 
and 
rehabilitation 
resulting 
from 
wounds, injury, or illness incurred while 
on duty in a hostile fire area or exposed 
to an event of hostile fire or other hostile 
action 
‘‘(a) CONTINUATION OF PAYS.—If a member of a 
regular or reserve component of a uniformed service incurs 
a wound, injury, or illness in the line of duty while serving 
in a combat operation or a combat zone, while serving in 
a hostile fire area, or while exposed to a hostile fire event, 
as described under section 351 of this title, and is hos-
pitalized for treatment of the wound, injury, or illness, the 
Secretary concerned may continue to pay to the member, 
notwithstanding any provision of this chapter to the con-
trary, all pay and allowances (including any bonus, incen-
tive pay, or similar benefit) that were being paid to the 
member at the time the member incurred the wound, in-
jury, or illness. 
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‘‘(b) DURATION.—The payment of pay and allow-
ances to a member under subsection (a) may continue 
until the end of the first month beginning after the earliest 
of the following dates: 
‘‘(1) The date on which the member is returned 
for assignment to other than a medical or patient 
unit for duty. 
‘‘(2) One year after the date on which the mem-
ber is first hospitalized for the treatment of the 
wound, injury, or illness, except that the Secretary 
concerned may extend the termination date in six- 
month increments. 
‘‘(3) The date on which the member is dis-
charged, separated, or retired (including temporary 
disability retirement) from the uniformed services. 
‘‘(c) BONUS, INCENTIVE PAY, OR SIMILAR BENEFIT 
DEFINED.—In this section, the term ‘bonus, incentive 
pay, or similar benefit’ means a bonus, incentive pay, spe-
cial pay, or similar payment paid to a member of the uni-
formed services under this title or title 10. 
‘‘§ 373. Repayment of unearned portion of bonus, in-
centive pay, or similar benefit when con-
ditions of payment not met 
‘‘(a) REPAYMENT.—Except as provided in subsection 
(b), a member of the uniformed services who is paid a 
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bonus, incentive pay, or similar benefit, the receipt of 
which is contingent upon the member’s satisfaction of cer-
tain service or eligibility requirements, shall repay to the 
United States any unearned portion of the bonus, incen-
tive pay, or similar benefit if the member fails to satisfy 
any such service or eligibility requirement. 
‘‘(b) EXCEPTIONS.—The regulations prescribed to 
administer this section may specify procedures for deter-
mining the circumstances under which an exception to the 
required repayment may be granted. 
‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to 
repay the United States under this section is, for all pur-
poses, a debt owed the United States. A discharge in bank-
ruptcy under title 11 does not discharge a person from 
such debt if the discharge order is entered less than five 
years after— 
‘‘(1) the date of the termination of the agree-
ment or contract on which the debt is based; or 
‘‘(2) in the absence of such an agreement or 
contract, the date of the termination of the service 
on which the debt is based. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘bonus, incentive pay, or similar 
benefit’ means a bonus, incentive pay, special pay, or 
similar payment, or an educational benefit or sti-
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pend, paid to a member of the uniformed services 
under a provision of law that refers to the repay-
ment requirements of this section or section 303a(e) 
of this title. 
‘‘(2) The term ‘service’, as used in subsection 
(c)(2), refers to an obligation willingly undertaken 
by a member of the uniformed services, in exchange 
for a bonus, incentive pay, or similar benefit offered 
by the Secretary concerned— 
‘‘(A) to a member in a regular or reserve 
component who remains on active duty or in an 
active status; 
‘‘(B) to perform duty in a specified skill, 
with or without a specified qualification or cre-
dential; 
‘‘(C) to perform duty in a specified assign-
ment, location or unit; or 
‘‘(D) to perform duty for a specified period 
of time. 
‘‘§ 374. Regulations 
‘‘This subchapter and subchapter II shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to 
the armed forces under the jurisdiction of the Sec-
retary of Defense; 
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‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect 
to the National Oceanic and Atmospheric Adminis-
tration.’’. 
(b) TRANSFER OF 15-YEAR CAREER STATUS BONUS 
TO SUBCHAPTER II.— 
(1) TRANSFER.—Section 322 of title 37, United 
States Code, is transferred to appear after section 
353 of subchapter II of chapter 5 of such title, as 
added by subsection (a), and is redesignated as sec-
tion 354. 
(2) CONFORMING AMENDMENT.—Subsection (f) 
of such section, as so transferred and redesignated, 
is amended by striking ‘‘section 303a(e)’’ and insert-
ing ‘‘section 373’’. 
(3) CROSS
REFERENCES.—Sections 1401a, 
1409(b)(2), and 1410 of title 10, United States 
Code, are amended by striking ‘‘section 322’’ each 
place it appears and inserting ‘‘section 322 (as in ef-
fect before the enactment of the National Defense 
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Authorization Act for Fiscal Year 2008) or section 
354’’. 
(c) TRANSFER
OF RETENTION INCENTIVES
FOR 
MEMBERS QUALIFIED IN CRITICAL MILITARY SKILLS OR 
ASSIGNED TO HIGH PRIORITY UNITS.— 
(1) TRANSFER.—Section 323 of title 37, United 
States Code, as amended by sections 614 and 622, 
is transferred to appear after section 354 of sub-
chapter II of chapter 5 of such title, as transferred 
and redesignated by subsection (b)(1), and is redes-
ignated as section 355. 
(2) CONFORMING AMENDMENT.—Subsection (g) 
of such section, as so transferred and redesignated, 
is amended by striking ‘‘section 303a(e)’’ and insert-
ing ‘‘section 373’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 5 of title 37, United States 
Code, is amended to read as follows: 
‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS 
AUTHORITIES 
‘‘Sec. 
‘‘301. Incentive pay: hazardous duty. 
‘‘301a. Incentive pay: aviation career. 
‘‘301b. Special pay: aviation career officers extending period of active duty. 
‘‘301c. Incentive pay: submarine duty. 
‘‘301d. Multiyear retention bonus: medical officers of the armed forces. 
‘‘301e. Multiyear retention bonus: dental officers of the armed forces. 
‘‘302. Special pay: medical officers of the armed forces. 
‘‘302a. Special pay: optometrists. 
‘‘302b. Special pay: dental officers of the armed forces. 
‘‘302c. Special pay: psychologists and nonphysician health care providers. 
‘‘302d. Special pay: accession bonus for registered nurses. 
‘‘302e. Special pay: nurse anesthetists. 
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‘‘302f. Special pay: reserve, recalled, or retained health care officers. 
‘‘302g. Special pay: Selected Reserve health care professionals in critically short 
wartime specialties. 
‘‘302h. Special pay: accession bonus for dental officers. 
‘‘302i. Special pay: pharmacy officers. 
‘‘302j. Special pay: accession bonus for pharmacy officers. 
‘‘302k. Special pay: accession bonus for medical officers in critically short war-
time specialties. 
‘‘302l. Special pay: accession bonus for dental specialist officers in critically 
short wartime specialties. 
‘‘303. Special pay: veterinarians. 
‘‘303a. Special pay: general provisions. 
‘‘303b. Waiver of board certification requirements. 
‘‘304. Special pay: diving duty. 
‘‘305. Special pay: hardship duty pay. 
‘‘305a. Special pay: career sea pay. 
‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil 
Support Team. 
‘‘306. Special pay: officers holding positions of unusual responsibility and of 
critical nature. 
‘‘306a. Special pay: members assigned to international military headquarters. 
‘‘307. Special pay: special duty assignment pay for enlisted members. 
‘‘307a. Special pay: assignment incentive pay. 
‘‘308. Special pay: reenlistment bonus. 
‘‘308b. Special pay: reenlistment bonus for members of the Selected Reserve. 
‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. 
‘‘308d. Special pay: members of the Selected Reserve assigned to certain high 
priority units. 
‘‘308g. Special pay: bonus for enlistment in elements of the Ready Reserve other 
than the Selected Reserve. 
‘‘308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension 
of enlistment in elements of the Ready Reserve other than the 
Selected Reserve. 
‘‘308i. Special pay: prior service enlistment bonus. 
‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve. 
‘‘309. Special pay: enlistment bonus. 
‘‘310. Special pay: duty subject to hostile fire or imminent danger. 
‘‘312. Special pay: nuclear-qualified officers extending period of active duty. 
‘‘312b. Special pay: nuclear career accession bonus. 
‘‘312c. Special pay: nuclear career annual incentive bonus. 
‘‘314. Special pay or bonus: qualified members extending duty at designated lo-
cations overseas. 
‘‘315. Special pay: engineering and scientific career continuation pay. 
‘‘316. Special pay: bonus for members with foreign language proficiency. 
‘‘317. Special pay: officers in critical acquisition positions extending period of 
active duty. 
‘‘318. Special pay: special warfare officers extending period of active duty. 
‘‘319. Special pay: surface warfare officer continuation pay. 
‘‘320. Incentive pay: career enlisted flyers. 
‘‘321. Special pay: judge advocate continuation pay. 
‘‘324. Special pay: accession bonus for new officers in critical skills. 
‘‘325. Incentive bonus: savings plan for education expenses and other contin-
gencies. 
‘‘326. Incentive bonus: conversion to military occupational specialty to ease per-
sonnel shortage. 
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HR 4986 RDS 
‘‘327. Incentive bonus: transfer between armed forces. 
‘‘328. Combat-related injury rehabilitation pay. 
‘‘329. Incentive bonus: retired members and reserve component members volun-
teering for high-demand, low-density assignments. 
‘‘330. Special pay: accession bonus for officer candidates. 
‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES 
‘‘331. General bonus authority for enlisted members. 
‘‘332. General bonus authority for officers. 
‘‘333. Special bonus and incentive pay authorities for nuclear officers. 
‘‘334. Special aviation incentive pay and bonus authorities for officers. 
‘‘335. Special bonus and incentive pay authorities for officers in health profes-
sions. 
‘‘351. Hazardous duty pay. 
‘‘352. Assignment pay or special duty pay. 
‘‘353. Skill incentive pay or proficiency bonus. 
‘‘354. Special pay: 15-year career status bonus for members entering service on 
or after August 1, 1986. 
‘‘355. Special pay: retention incentives for members qualified in critical military 
skills or assigned to high priority units. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘371. Relationship to other incentives and pays. 
‘‘372. Continuation of pays during hospitalization and rehabilitation resulting 
from wounds, injury, or illness incurred while on duty in a hos-
tile fire area or exposed to an event of hostile fire or other hos-
tile action. 
‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit 
when conditions of payment not met. 
‘‘374. Regulations.’’. 
SEC. 662. TRANSITIONAL PROVISIONS. 
(a) IMPLEMENTATION PLAN.— 
(1) DEVELOPMENT.—The Secretary of Defense 
shall develop a plan to implement subchapters II 
and III of chapter 5 of title 37, United States Code, 
as added by section 661(a), and to correspondingly 
transition all of the special and incentive pay pro-
grams for members of the uniformed services solely 
to provisions of such subchapters. 
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(2) SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
shall submit the implementation plan to the congres-
sional defense committees. 
(b) TRANSITION PERIOD.—During a transition pe-
riod of not more than 10 years beginning on the date of 
the enactment of this Act, the Secretary of Defense, the 
Secretary of a military department, and the Secretaries 
referred to in subsection (d) may continue to use the au-
thorities in provisions in subchapter I of chapter 5 of title 
37, United States Code, as designated by section 661(a), 
but subject to the terms of such provisions and such modi-
fications as the Secretary of Defense may include in the 
implementation plan, to provide bonuses and special and 
incentive pays for members of the uniformed services. 
(c) NOTICE OF IMPLEMENTATION OF NEW AUTHORI-
TIES.—Not less than 30 days before the date on which 
a special pay or bonus authority provided under sub-
chapter II of chapter 5 of title 37, United States Code, 
as added by section 661(a), is first utilized, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a notice of the implementation of the authority, 
including whether, as a result of implementation of the 
authority, a corresponding authority in subchapter I of 
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HR 4986 RDS 
such chapter, as designated by section 661(a), will no 
longer be used. 
(d) COORDINATION.—The Secretary of Defense shall 
prepare the implementation plan in coordination with— 
(1) the Secretary of Homeland Security, with 
respect to the Coast Guard; 
(2) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
(3) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
(e) NO EFFECT ON FISCAL YEAR 2008 OBLIGA-
TIONS.—During fiscal year 2008, obligations incurred 
under subchapters I, II, and III of chapter 5 of title 37, 
United States Code, as amended by section 661, to provide 
bonuses, incentive pays, special pays, and similar pay-
ments to members of the uniformed services under such 
subchapters may not exceed the obligations that would be 
incurred in the absence of the amendments made by such 
section. 
Subtitle G—Other Matters 
SEC. 671. REFERRAL BONUS AUTHORITIES. 
(a) CODIFICATION AND MODIFICATION OF ARMY RE-
FERRAL BONUS AUTHORITY.— 
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HR 4986 RDS 
(1) ARMY REFERRAL BONUS.—Chapter 333 of 
title 10, United States Code, is amended by insert-
ing 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.—Sub-
ject 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 re-
tired pay. 
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‘‘(E) A civilian employee of the Depart-
ment of the Army. 
‘‘(b) REFERRAL.—For purposes of this section, a re-
ferral 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 De-
partment 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 De-
partment of the Army serving in a recruiting or re-
tention assignment, or assigned to other duties re-
garding which eligibility for a bonus under sub-
section (a) could (as determined by the Secretary) be 
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‘‘(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 com-
pensation 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 sec-
tions 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 AP-
POINTMENT AS OFFICERS TO SERVE IN HEALTH PRO-
FESSIONS.— 
(1) 
HEALTH
PROFESSIONS
REFERRAL 
BONUS.—Chapter 53 of such title is amended by in-
serting before section 1031 the following new sec-
tion: 
‘‘§ 1030. Bonus to encourage Department of Defense 
personnel to refer persons for appoint-
ment as officers to serve in health profes-
sions 
‘‘(a) AUTHORITY TO PAY BONUS.— 
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‘‘(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 en-
listment that leads to appointment as a commis-
sioned officer, or accepts an appointment as a com-
missioned officer, in an armed force in a health pro-
fession designated by the appropriate Secretary for 
purposes of this section. 
‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub-
ject to subsection (c), the following individuals are 
eligible for a referral bonus under this section: 
‘‘(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 de-
partment or the Department of Defense. 
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‘‘(b) REFERRAL.—For purposes of this section, a re-
ferral 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 appoint-
ment as a commissioned officer, or accepting an ap-
pointment 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 com-
missioned officer, or accepting an appointment as a 
commissioned officer, as applicable, in an armed 
force in a health profession contacts a military re-
cruiter and informs the recruiter of the role of the 
individual concerned in initially recruiting the per-
son. 
‘‘(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 
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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 deter-
mined 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 in-
structor 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 sub-
section (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 
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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. 
‘‘(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 re-
spect to matters concerning the Air Force; and 
‘‘(4) the Secretary of Defense, with respect to 
personnel of the Department of Defense. 
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‘‘(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 sec-
tions 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 De-
fense Authorization Act for Fiscal Year 2006 (Pub-
lic Law 109–163) is repealed. 
(2) PAYMENT
OF
BONUSES
UNDER
SUPER-
SEDED AUTHORITY.—Any bonus payable under sec-
tion 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 provi-
sions of such section, as in effect on the day before 
the date of the enactment of this Act. 
VerDate Aug 31 2005 
22:40 Jan 23, 2008
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PO 00000
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E:\BILLS\H4986.RDS
H4986
smartinez on PRODPC61 with BILLS