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U.S. Code as of:
01/19/04
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.
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