(a)
(1) is qualified for a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator; and
(2) is serving in a position for which that specialty or designator is authorized.
(b)
(c)
(1) is in pay grade O–3, or is in pay grade O–4 and is not on a list of officers recommended for promotion, at the time the officer applies to enter into the agreement;
(2) has completed at least 6, but not more than 14, years of active commissioned service; and
(3) has completed any service commitment incurred to be commissioned as an officer.
(d)
(e)
(f)
(2) The amount of the retention bonus may be paid as follows:
(A) At the time the agreement is accepted by the Secretary concerned, the Secretary may make a lump sum payment equal to half the total amount payable under the agreement. The balance of the bonus amount shall be paid in equal annual installments on the anniversary of the acceptance of the agreement.
(B) The Secretary concerned may make graduated annual payments under regulations prescribed by the Secretary, with the first payment being payable at the time the agreement is accepted by the Secretary and subsequent payments being payable on the anniversary of the acceptance of the agreement.
(g)
(h)
(i)
Amendments
2006—Subsec. (h). Pub. L. 109–163 amended heading and text of subsec. (h) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty in special warfare.
2001—Subsec. (h)(3). Pub. L. 107–107 substituted "subsection (b)" for "subsection (a)".
Effective Date
Pub. L. 106–65, div. A, title VI, §626(b), Oct. 5, 1999, 113 Stat. 656, provided that: "The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999."
Savings Provision
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) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.