---
kind: "section"
citation: "37 U.S.C. § 317"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "317"
heading: "Special pay: officers in critical acquisition positions extending period of active duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/37/317"
units:
  - "Chapter 5 — Special and Incentive Pays"
  - "Subchapter I — Existing Special Pay, Incentive Pay, and Bonus Authorities"
---

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

- (a) **Bonus Authorized.—** An [officer](/usc/37/101.md?p=11) described in [subsection (b)](#b) who executes a written agreement to remain on [active duty](/usc/37/101.md?p=18) in a critical acquisition position for at least one year may, upon the acceptance of the agreement by the [Secretary concerned](/usc/37/101.md?p=5), be paid a retention bonus as provided in this section.
- (b) **Covered Officers.—** An [officer](/usc/37/101.md?p=11) referred to in [subsection (a)](#a) is an [officer](/usc/37/101.md?p=11) of the Army, Navy, Air Force, or Marine Corps who—
  - (1) is a [member](/usc/37/101.md?p=23) of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under [section 1731 of title 10](/usc/10/1731.md).[^1]
  - (2) is eligible to retire, or is assigned to such position for a period that will extend beyond the date on which the [officer](/usc/37/101.md?p=11) 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](/usc/37/101.md?p=23) agrees to remain on [active duty](/usc/37/101.md?p=18) may not be more than 15 percent of the annual rate of basic [pay](/usc/37/101.md?p=21) paid to the [member](/usc/37/101.md?p=23) at the time the [member](/usc/37/101.md?p=23) executes a written agreement under this section.
- (d) **Payment of Bonus.—** Upon the acceptance of a written agreement under [subsection (a)](#a) by the [Secretary concerned](/usc/37/101.md?p=5), 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](/usc/37/101.md?p=21) and allowances to which an [officer](/usc/37/101.md?p=11) is entitled.
- (f) **Repayment.—** An [officer](/usc/37/101.md?p=11) who, having entered into a written agreement under [subsection (a)](#a) and having received all or part of a bonus under this section, does not complete the period of [active duty](/usc/37/101.md?p=18) as specified in the agreement shall be subject to the repayment provisions of [section 303a(e) of this title](/usc/37/303a.md?p=e).
- (g) **Period of Commitment.—** The period of [active duty](/usc/37/101.md?p=18) agreed upon by an [officer](/usc/37/101.md?p=11) in a written agreement under this section is in addition to any other service commitment of the [officer](/usc/37/101.md?p=11), except that any period of [active duty](/usc/37/101.md?p=18) agreed upon in a written agreement under subsection (a)(2) or (b)(2) of [section 1734 of title 10](/usc/10/1734.md) by the [officer](/usc/37/101.md?p=11) 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.

## Footnotes

[^1]: So in original. The period probably should be “; and”.

## Source credit

(Added Pub. L. 101–510, div. A, title XII, § 1203(a)(1), Nov. 5, 1990, 104 Stat. 1656; amended Pub. L. 109–163, div. A, title VI, § 687(b)(26), Jan. 6, 2006, 119 Stat. 3331; Pub. L. 116–92, div. A, title VIII, § 861(j)(17), Dec. 20, 2019, 133 Stat. 1520.)

## Notes

### 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.