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Title 37 — Pay and Allowances of the Uniformed ServicesRelease 119-73not60

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

Title 37 › Chapter 5— SPECIAL AND INCENTIVE PAYS › Subchapter I— EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES › § 317

Last updated Apr 5, 2026|Official source

Summary

Officers in certain acquisition jobs can get a retention bonus if they sign a written agreement to stay on active duty for at least one year and the appropriate Secretary accepts the agreement. It covers Army, Navy, Air Force, and Marine officers who are serving in a critical acquisition position and who are either eligible to retire or whose assignment will run past their retirement eligibility. The bonus cannot be more than 15 percent of the officer’s yearly basic pay for each year agreed. Once accepted, the total bonus is fixed and may be paid in a lump sum or in installments. The bonus is extra pay on top of regular pay and allowances. If an officer leaves before finishing the agreed time after getting all or part of the bonus, they must repay it under the military’s bonus repayment rules. The military Secretaries must write rules to carry out these payments, and the Secretary of Defense must approve each service’s rules.

Full Legal Text

Title 37, §317

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(a)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)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 the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.11 So in original. The period probably should be “; 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)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)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)A bonus paid under this section is in addition to other pay and allowances to which an officer is entitled.
(f)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.
(g)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—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”. 2006—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.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–510, div. A, title XII, § 1203(b), Nov. 5, 1990, 104 Stat. 1658, provided that: “Section 317 of title 37, United States Code, as added by subsection (a), shall take effect as of October 1, 1991.”

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 Apr. 1, 2006, 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.

Reference

Citations & Metadata

Citation

37 U.S.C. § 317

Title 37 — Pay and Allowances of the Uniformed Services

Last Updated

Apr 5, 2026

Release point: 119-73not60