§ 317. Special pay: officers in critical acquisition positions extending period of active duty

Footnotes

1. 1 So in original. The period probably should be “; and”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Defense Acquisition Workforce Improvement Act

   Pub. L. 101–510 div. A title XII § 1203(a)(1) · 104 Stat. 1485

   Enacted · 37 U.S.C. § 317

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: “§ 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.”.

2. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI § 687(b)(26) · 119 Stat. 3136

   1. Amended · 37 U.S.C. § 317(f)

      Pub. L. 109–163 amended heading and text of subsec. (f) generally

   2. Substituted · 37 U.S.C. § 317(f)

      Pub. L. 109–163 substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment of bonus required when officer fails to complete total period of agreed upon active duty

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–163 amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment of bonus required when officer fails to complete total period of agreed upon active duty.

   Enacted provision · exact public law section
   (26) Critical acquisition positions.— Subsection (f) of section 317 of such title is amended to read as follows: “(f) Repayment.— An officer who, having entered into a written agreement under subsection (a) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” .

3. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title VIII § 861(j)(17) · 133 Stat. 1198

   Amended · 37 U.S.C. § 317(b)(1)

   Pub. L. 116–92, which directed the general amendment of par. (1) of section 317 of this title, was executed by making the amendment to par. (1) of subsec. (b) of this section to reflect the probable intent of Congress. Prior to amendment, subsec. (b)(1) read as follows: “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”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 116–92, which directed the general amendment of par. (1) of section 317 of this title, was executed by making the amendment to par. (1) of subsec. (b) of this section to reflect the probable intent of Congress. Prior to amendment, subsec. (b)(1) read as follows: “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”.

   Enacted provision · exact public law section
   (17) Paragraph (1) of section 317 of title 37, United States Code, is amended to read as follows: “(1) is a member of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.” .

4 of 4 references resolved to an enrolled provision