§ 317. — Special pay: officers in critical acquisition positions extending period of active duty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC317]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 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, Sec. 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.''
