U.S. Code, Title 37, Pay and Allowances of the Uniformed Services

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 317. Special Pay: Officers in Critical Acquisition Positions Extending Period of Active Duty

     (a) Bonus Authorized.—An officer described in subsection (b) who executes a written agreement to remain on active duty in a critical acquisition position for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

     (b) Covered Officers.—An officer referred to in subsection (a) is an officer of the Army, Navy, Air Force, or Marine Corps who—

     (1) is a member of an Acquisition Corps selected to serve in, or serving in, a critical acquisition position designated under section 1733 of title 10; and

     (2) is eligible to retire, or is assigned to such position for a period that will extend beyond the date on which the officer will be eligible to retire, under any provision of law.

     (c) Amount of Bonus.—The amount of a bonus paid under this section for each year a member agrees to remain on active duty may not be more than 15 percent of the annual rate of basic pay paid to the member at the time the member executes a written agreement under this section.

     (d) Payment of Bonus.—Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments.

     (e) Additional Pay.—A bonus paid under this section is in addition to other pay and allowances to which an officer is entitled.

     (f) Repayment of Bonus.—(1) If an officer who has entered into a written agreement under subsection (a) and who has received all or part of a bonus under this section fails to complete the total period of active duty specified in the agreement, the Secretary concerned may require the officer to repay the United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums paid under this section.

     (2) An obligation to repay 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 5 years after the termination of a written agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11 after January 1, 1991.

     (g) Period of Commitment.—The period of active duty agreed upon by an officer in a written agreement under this section is in addition to any other service commitment of the officer, except that any period of active duty agreed upon in a written agreement under subsection (a)(2) or (b)(2) of section 1734 of title 10 by the officer may be counted concurrently with the commitment under this section.

     (h) 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.

(Added Pub. L. 101–510, div. A, title XII, § 1203(a)(1), Nov. 5, 1990, 104 Stat. 1656.)

Effective Date

     Section 1203(b) of Pub. L. 101–510 provided that: "Section 317 of title 37, United States Code, as added by subsection (a), shall take effect as of October 1, 1991."

Section Referred to in Other Sections

     This section is referred to in title 10 section 1762.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 317. Special Pay: Officers in Critical Acquisition Positions Extending Period of Active Duty," U.S. Code, Title 37, Pay and Allowances of the Uniformed Services in U.S. Code, Title 37, Pay and Allowances of the Uniformed Services (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed January 16, 2019, http://www.originalsources.com/Document.aspx?DocID=PB7Q1DC5MCM792C.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 317. Special Pay: Officers in Critical Acquisition Positions Extending Period of Active Duty." U.S. Code, Title 37, Pay and Allowances of the Uniformed Services, in U.S. Code, Title 37, Pay and Allowances of the Uniformed Services, Washington, D.C., Government Printing Office, 2002, Original Sources. 16 Jan. 2019. www.originalsources.com/Document.aspx?DocID=PB7Q1DC5MCM792C.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 317. Special Pay: Officers in Critical Acquisition Positions Extending Period of Active Duty' in U.S. Code, Title 37, Pay and Allowances of the Uniformed Services. cited in 2002, U.S. Code, Title 37, Pay and Allowances of the Uniformed Services, Government Printing Office, Washington, D.C.. Original Sources, retrieved 16 January 2019, from http://www.originalsources.com/Document.aspx?DocID=PB7Q1DC5MCM792C.