Title 37 — Pay and Allowances of the Uniformed Services
Chapter 5 — Special and Incentive Pays
§ 324. Special pay: accession bonus for new officers in critical skills
Statutory text
Accession Bonus Authorized.—
Under regulations prescribed by the Secretary concerned, a person who executes a written agreement to accept a commission or an appointment as an officer of the armed forces and serve on active duty in a designated critical officer skill for the period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned.
Designation of Critical Officer Skills.—
The Secretary concerned shall designate the critical officer skills for the purposes of this section. A skill may be designated as a critical officer skill for an armed force under this subsection if—
in order to meet requirements of the armed force, it is critical for the armed force to have a sufficient number of officers who are qualified in that skill; and
in order to mitigate a current or projected significant shortage of personnel in the armed force who are qualified in that skill, it is critical to access into that armed force in sufficient numbers persons who are qualified in that skill or are to be trained in that skill.
Limitation on Amount of Bonus.—
The amount of an accession bonus under subsection (a) may not exceed $60,000.
Payment Method.—
Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid by the Secretary in a lump sum or installments.
Relation to Other Accession Bonus Authority.—
An individual may not receive an accession bonus under this section and section 302d, 302h, 302j, or 312b of this title for the same period of service.
Repayment.—
An individual who, having received all or part of the bonus under an agreement referred to in subsection (a), is not thereafter commissioned as an officer or does not commence or complete the total period of active duty service specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
Termination of Authority.—
No agreement under this section may be entered into after .
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.
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 div. A title VI § 621(a) · 115 Stat. 1012
Enacted · 37 U.S.C. § 324
Added Pub. L. 107–107, div. A, title VI, § 621(a), Dec. 28, 2001, 115 Stat. 1139
Source evidence
Code source credit
Added Pub. L. 107–107, div. A, title VI, § 621(a), Dec. 28, 2001, 115 Stat. 1139Enacted provision · exact public law section
(a) Bonus Authorized.— Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: “§ 324. Special pay: accession bonus for new officers in critical skills “(a) Accession Bonus Authorized.— Under regulations prescribed Regulations. by the Secretary concerned, a person who executes a written agreement to accept a commission as an officer of the armed forces and serve on active duty in a designated critical officer skill for the period specified in the agreement may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Secretary concerned. “(b) Designation of Critical Officer Skills.— (1) The Secretary concerned shall designate the critical officer skills for the purposes of this section. A skill may be designated as a critical officer skill for an armed force under this subsection if— “(1) in order to meet requirements of the armed force, it is critical for the armed force to have a sufficient number of officers who are qualified in that skill; and “(2) in order to mitigate a current or projected significant shortage of personnel in the armed force who are qualified in that skill, it is critical to access into that armed force in sufficient numbers persons who are qualified in that skill or are to be trained in that skill. “(c) Limitation on Amount of Bonus.— The amount of an accession bonus under subsection (a) may not exceed $60,000. “(d) Payment Method.— Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the accession bonus payable under the agreement becomes fixed. The agreement shall specify whether the accession bonus will be paid by the Secretary in a lump sum or installments. “(e) Relation to Other Accession Bonus Authority.— An individual may not receive an accession bonus under this section and section 302d, 302h, 302j, or 312b Of this title for the same period of service. “(f) Repayment for Failure To Commence or Complete Obligated Service.— (1) An individual who, after having received all or part of the accession bonus under an agreement referred to in subsection (a), fails to accept a commission as an officer or to commence or complete the total period of active duty service specified in the agreement shall repay to the United States the amount that bears the same ratio to the total amount of the bonus authorized for such person as the unserved part of the period of agreed active duty service bears to the total period of the agreed active duty service. However, the amount required to be repaid by the individual may not exceed the amount of the accession bonus that was paid to the individual. “(2) Subject to paragraph (3), an obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1). “(3) The Secretary concerned may waive, in whole or in part, the repayment requirement under paragraph (1) on a case-by-case basis if the Secretary concerned determines that repayment would be against equity and good conscience or would be contrary to the best interests of the United States. “(g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2002.”.Pub. L. 107–314 § 1062(c)(2) · 116 Stat. 2458
Struck · 37 U.S.C. § 324(b)
Pub. L. 107–314, § 1062(c)(2), struck out par. (1) designation before “The Secretary”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–314, § 1062(c)(2), struck out par. (1) designation before “The Secretary”.Enacted provision · exact public law section
(2) Section 324(b) is amended by striking “(1)” before “The Secretary”.Pub. L. 107–314 § 614(e) · 116 Stat. 2458
Substituted · 37 U.S.C. § 324(g)
Pub. L. 107–314, § 614(e), substituted “December 31, 2003” for “December 31, 2002”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 107–314, § 614(e), substituted “December 31, 2003” for “December 31, 2002”.Enacted provision · exact public law section
(e) Accession Bonus for New Officers in Critical Skills.— Section 324(g) of such title is amended by striking “December 31, 2002” and inserting “December 31, 2003”.National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 623 · 117 Stat. 1392
Inserted · 37 U.S.C. § 324(a); 37 U.S.C. § 324(f)(1)
Pub. L. 108–136, § 623, inserted “or an appointment” after “commission”
Source evidence
Code amendment note
Subsecs. (a), (f)(1). Pub. L. 108–136, § 623, inserted “or an appointment” after “commission”.Enacted provision · exact public law section
SEC. 623. ELIGIBILITY OF WARRANT OFFICERS FOR ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS. Section 324 of title 37, United States Code, is amended in subsections (a) and (f)(1) by inserting “or an appointment” after “commission”.National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 614(e) · 117 Stat. 1392
Substituted · 37 U.S.C. § 324(g)
Pub. L. 108–136, § 614(e), substituted “December 31, 2004” for “December 31, 2003”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 108–136, § 614(e), substituted “December 31, 2004” for “December 31, 2003”.Enacted provision · exact public law section
(e) Accession Bonus for New Officers in Critical Skills.— Section 324(g) of such title is amended by striking “December 31, 2003” and inserting “December 31, 2004”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title VI § 614(f) · 118 Stat. 1811
Substituted · 37 U.S.C. § 324(g)
Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”.Enacted provision · exact public law section
(f) Accession Bonus for New Officers in Critical Skills.— Section 324(g) of such title is amended by striking “December 31, 2004” and inserting “December 31, 2005”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 687(b)(32) · 119 Stat. 3136
Amended · 37 U.S.C. § 324(f)
Pub. L. 109–163, § 687(b)(32), amended heading and text of subsec. (f) generally
Substituted · 37 U.S.C. § 324(f)
Pub. L. 109–163, § 687(b)(32), substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when individual receives accession bonus payment but fails to accept commission or appointment as officer or to commence or complete agreed upon period of active duty
Source evidence
Code amendment note
Subsec. (f). Pub. L. 109–163, § 687(b)(32), amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when individual receives accession bonus payment but fails to accept commission or appointment as officer or to commence or complete agreed upon period of active duty.Enacted provision · exact public law section
(32) Accession bonus for new officers in critical skills.— Subsection (f) of section 324 of such title is amended to read as follows: “(f) Repayment.— An individual who, having received all or part of the bonus under an agreement referred to in subsection (a), is not thereafter commissioned as an officer or does not commence or complete the total period of active duty service specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” .National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 624(f) · 119 Stat. 3136
Substituted · 37 U.S.C. § 324(g)
Pub. L. 109–163, § 624(f), substituted “December 31, 2006” for “December 31, 2005”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–163, § 624(f), substituted “December 31, 2006” for “December 31, 2005”.Enacted provision · exact public law section
(f) Accession Bonus for New Officers in Critical Skills.— Section 324(g) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. A title VI § 614(f) · 120 Stat. 2083
Substituted · 37 U.S.C. § 324(g)
Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.Enacted provision · exact public law section
(f) Accession Bonus for New Officers in Critical Skills.— Section 324(g) of such title is amended by striking “December 31, 2006” and inserting “December 31, 2007”.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 div. A title VI § 614(e) · 122 Stat. 3
Substituted · 37 U.S.C. § 324(g)
Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.Enacted provision · exact public law section
(e) Accession Bonus for New Officers in Critical Skills.— Section 324(g) of such title is amended by striking “December 31, 2007” and inserting “December 31, 2008”.Effective date note
Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 · 122 Stat. 4356
Substituted · 37 U.S.C. § 324(g)
Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title VI § 615(5) · 123 Stat. 2190
Substituted · 37 U.S.C. § 324(g)
Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.Enacted provision · exact public law section
(5) Section 324(g), relating to accession bonus for new officers in critical skills.Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 div. A title VI § 615(5) · 124 Stat. 4137
Substituted · 37 U.S.C. § 324(g)
Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.Enacted provision · exact public law section
(5) Section 324(g), relating to accession bonus for new officers in critical skills.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title VI § 615(5) · 125 Stat. 1298
Substituted · 37 U.S.C. § 324(g)
Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.Enacted provision · exact public law section
(5) Section 324(g), relating to accession bonus for new officers in critical skills.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 div. A title VI § 615(5) · 126 Stat. 1632
Substituted · 37 U.S.C. § 324(g)
Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.Enacted provision · exact public law section
(5) Section 324(g), relating to accession bonus for new officers in critical skills.National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. A title VI § 615(5) · 127 Stat. 672
Substituted · 37 U.S.C. § 324(g)
Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.Enacted provision · exact public law section
(5) Section 324(g), relating to accession bonus for new officers in critical skills.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. A title VI § 615(6) · 128 Stat. 3292
Substituted · 37 U.S.C. § 324(g)
Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.Enacted provision · exact public law section
(6) Section 324(g), relating to accession bonus for new officers in critical skills.National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title VI § 615(6) · 129 Stat. 726
Substituted · 37 U.S.C. § 324(g)
Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.Enacted provision · exact public law section
(6) Section 324(g), relating to accession bonus for new officers in critical skills.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title VI § 615(6) · 130 Stat. 2000
Substituted · 37 U.S.C. § 324(g)
Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.Enacted provision · exact public law section
(6) Section 324(g), relating to accession bonus for new officers in critical skills.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title VI § 615(6) · 131 Stat. 1283
Substituted · 37 U.S.C. § 324(g)
Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.Enacted provision · exact public law section
(6) Section 324(g), relating to accession bonus for new officers in critical skills.
20 of 21 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments2002–2017 · 12 rounds
2017
Subsec. (g). Pub. L. 115–91 substituted “” for “”.
2016
Subsec. (g). Pub. L. 114–328 substituted “” for “”.
2015
Subsec. (g). Pub. L. 114–92 substituted “” for “”.
2014
Subsec. (g). Pub. L. 113–291 substituted “” for “”.
2013
Subsec. (g). Pub. L. 113–66 substituted “” for “”.
Pub. L. 112–239 substituted “” for “”.
2011
Subsec. (g). Pub. L. 112–81 substituted “” for “”.
Pub. L. 111–383 substituted “” for “”.
2009
Subsec. (g). Pub. L. 111–84 substituted “” for “”.
2008
Subsec. (g). Pub. L. 110–417 substituted “” for “”.
Pub. L. 110–181 substituted “” for “”.
2006
Subsec. (f). Pub. L. 109–163, § 687(b)(32), amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when individual receives accession bonus payment but fails to accept commission or appointment as officer or to commence or complete agreed upon period of active duty.
Subsec. (g). Pub. L. 109–364 substituted “” for “”.
Pub. L. 109–163, § 624(f), substituted “” for “”.
2004
Subsec. (g). Pub. L. 108–375 substituted “” for “”.
2003
Subsecs. (a), (f)(1). Pub. L. 108–136, § 623, inserted “or an appointment” after “commission”.
Subsec. (g). Pub. L. 108–136, § 614(e), substituted “” for “”.
2002
Subsec. (b). Pub. L. 107–314, § 1062(c)(2), struck out par. (1) designation before “The Secretary”.
Subsec. (g). Pub. L. 107–314, § 614(e), substituted “” for “”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–181 effective as of , and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
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 , 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.
Credits
2001–2017 · 17 acts
- 2001Added Pub. L. 107–107, div. A, title VI, § 621(a), , 115 Stat. 1139
- 2002amended Pub. L. 107–314, div. A, title VI, § 614(e), title X, § 1062(c)(2), , 116 Stat. 2568, 2651
- 2003Pub. L. 108–136, div. A, title VI, §§ 614(e), 623, , 117 Stat. 1502, 1505
- 2004Pub. L. 108–375, div. A, title VI, § 614(f), , 118 Stat. 1948
- 2006Pub. L. 109–163, div. A, title VI, §§ 624(f), 687(b)(32), , 119 Stat. 3295, 3332
- 2006Pub. L. 109–364, div. A, title VI, § 614(f), , 120 Stat. 2249
- 2008Pub. L. 110–181, div. A, title VI, § 614(e), , 122 Stat. 149
- 2008Pub. L. 110–417, [div. A], title VI, § 614(e), , 122 Stat. 4485
- 2009Pub. L. 111–84, div. A, title VI, § 615(5), , 123 Stat. 2354
- 2011Pub. L. 111–383, div. A, title VI, § 615(5), , 124 Stat. 4237
- 2011Pub. L. 112–81, div. A, title VI, § 615(5), , 125 Stat. 1450
- 2013Pub. L. 112–239, div. A, title VI, § 615(5), , 126 Stat. 1777
- 2013Pub. L. 113–66, div. A, title VI, § 615(5), , 127 Stat. 781
- 2014Pub. L. 113–291, div. A, title VI, § 615(6), , 128 Stat. 3401
- 2015Pub. L. 114–92, div. A, title VI, § 615(6), , 129 Stat. 839
- 2016Pub. L. 114–328, div. A, title VI, § 615(6), , 130 Stat. 2159
- 2017Pub. L. 115–91, div. A, title VI, § 615(6), , 131 Stat. 1423.
Show as published
(Added Pub. L. 107–107, div. A, title VI, § 621(a), , 115 Stat. 1139; amended Pub. L. 107–314, div. A, title VI, § 614(e), title X, § 1062(c)(2), , 116 Stat. 2568, 2651; Pub. L. 108–136, div. A, title VI, §§ 614(e), 623, , 117 Stat. 1502, 1505; Pub. L. 108–375, div. A, title VI, § 614(f), , 118 Stat. 1948; Pub. L. 109–163, div. A, title VI, §§ 624(f), 687(b)(32), , 119 Stat. 3295, 3332; Pub. L. 109–364, div. A, title VI, § 614(f), , 120 Stat. 2249; Pub. L. 110–181, div. A, title VI, § 614(e), , 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 614(e), , 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 615(5), , 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(5), , 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(5), , 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(5), , 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(5), , 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(6), , 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(6), , 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(6), , 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(6), , 131 Stat. 1423.)