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37 U.S.C. § 317 — Special pay: officers in critical acquisition positions extending period of active duty
Federal law — U.S. Code and appendices · legal_authorities
**(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 the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under [section 1731 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1731&num=0&edition=prelim).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) 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.—** 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 p
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Source file: Laws/federal/codes/united-states-code/title-37/section-317-special-pay-officers-in-critical-acquisition-positions-extending-period--606f0b56f0.md
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Source location: Title 37, Chapter 5, § 317; chapter-005-special-and-incentive-pays.md
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**(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 the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under [section 1731 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1731&num=0&edition=prelim).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) 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.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section303a/e&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1734&num=0&edition=prelim) 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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Three-Year Assignment Period.—**
(1) Except as provided under subsection (b) and paragraph (3), the Secretary of each military department, acting through the service acquisition executive for that department, shall provide that any person who is assigned to a critical acquisition position shall be assigned to the position for not fewer than three years. Except as provided in subsection (d), the Secretary concerned may not reassign a person from such an assignment before the end of the three-year period.
(2) A person may not be assigned to a critical acquisition position unless the person executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for at least three years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b).
(3) The assignment period requirement of the first sentence of paragraph (1) is waived for any individual serving as a deputy program manager if the individual is assigned to a critical acquisition position upon completion of the individual’s assignment as a deputy program manager.
**(b) Assignment Period for Program Managers.—**
(1) The Secretary of Defense shall prescribe in regulations—
(A) a requirement that a program manager and a deputy program manager (except as provided in paragraph (3)) of a major defense acquisition program be assigned to the position at least until completion of the major milestone that occurs closest in time to the date on which the person has served in the position for four years; and
(B) a requirement that, to the maximum extent practicable, a program manager who is the replacement for
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1734
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A product support manager is the individual responsible for managing product support required to field and maintain the readiness and operational capability of a covered system throughout the life cycle of the covered system.
**(b) Designation.—** The Secretary of Defense shall designate a product support manager for each covered system who shall be coequal with the program manager for such covered system and report directly to the portfolio acquisition executive responsible for such covered system.
**(c) Objectives.—** The product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3102&num=0&edition=prelim) and shall identify, develop, implement, incentivize, and measure quantifiable best value outcome-based product support that optimizes life-cycle cost, readiness, and operational capability of a covered system.
**(d) Specific Responsibilities.—** A product support manager shall be responsible for the following with respect to a covered system:
(1) Developing and executing the product support strategy required under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&num=0&edition=prelim).
(2) Providing product support and subject matter expertise to the relevant program manager and portfolio acquisition executive.
(3) 11 So in original. There are two pars. (3). Collaborating with chief engineers and systems engineers—
(A) in developing the life-cycle sustainment plan and product support strategy required under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4324&
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1733
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enlistment Incentive Program.—** The Secretary of Defense shall carry out an enlistment incentive program in accordance with this section under which a person who is a National Call to Service participant shall be entitled to one of the incentives specified in subsection (e). The program shall be carried out during the period ending on December 31, 2007, and may be carried out after that date.
**(b) National Call to Service Participant.—** In this section, the term “National Call to Service participant” means a person who has not previously served in the armed forces who enters into an original enlistment pursuant to a written agreement with the Secretary of a military department (in such form and manner as may be prescribed by that Secretary) under which the person agrees to perform a period of national service as specified in subsection (c).
**(c) National Service.—** The total period of national service to which a National Call to Service participant is obligated under the agreement under this section shall be specified in the agreement. Under the agreement, the participant shall—
(1) upon completion of initial entry training (as prescribed by the Secretary of Defense), serve on active duty in a military occupational specialty designated by the Secretary of Defense under subsection (d) for a period of 15 months;
(2) upon completion of the period of active duty specified in paragraph (1) and without a break in service, serve either (A) an additional period of active duty as determined by the Secretary of Defense, or (B) a period of 24 months in an active status in the Selected Reserve or the Space Force; and
(3) upon completion of the period of service specified in paragraph (2), and without a break in service, serve the remaining period of obligated servic
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 510
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of Critical Acquisition Positions.—**
(1) The Secretary of Defense shall designate the acquisition positions in the Department of Defense that are critical acquisition positions. Such positions shall include the following:
(A) Any acquisition position which—
(i) in the case of employees, is required to be filled by an employee in a senior position in the National Security Personnel System, as determined in accordance with guidelines prescribed by the Secretary, or in the Senior Executive Service; or
(ii) in the case of members of the armed forces, is required to be filled by a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving in the grade of lieutenant colonel, or, in the case of the Navy, commander, or a higher grade.
(B) Other selected acquisition positions not covered by subparagraph (A), including the following:
(i) Portfolio acquisition executive.
(ii) Program manager of a major defense acquisition program (as defined in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim)) or of a significant nonmajor defense acquisition program (as defined in [section 1737(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737/a/3&num=0&edition=prelim)).
(iii) Deputy program manager of a major defense acquisition program.
(iv) Product support manager.
(C) Any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties.
(2) The Secretary shall periodically publish a list of the positions designated under this subsection.
**(b) Promotion Rate for Officers in the Acquisition Workforce.—** The Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1731
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense.
**(b) Uniform Implementation.—** The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense.
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Federal law — U.S. Code and appendices · legal_authorities
Page 119
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 317
1 So in original. The period probably should be ‘‘; and’’.
be subject to the repayment provisions of sec-
tion 303a(e) of this title.
(e) REGULATIONS.—This section shall be admin-
istered under regulations prescribed by the Sec-
retary of Defense.
(f) TERMINATION OF AUTHORITY.—No incentive
pay may be paid under this section after Decem-
ber 31, 2018.
(Added Pub. L. 110–417, [div. A], title VI,
§ 619(b)(1), Oct. 14, 2008, 122 Stat. 4488; amended
Pub. L. 112–81, div. A, title X, § 1065(b), Dec. 31,
2011, 125 Stat. 1588; Pub. L. 113–66, div. A, title
VI, § 616, Dec. 26, 2013, 127 Stat. 781; Pub. L.
113–291, div. A, title VI, § 615(5), Dec. 19, 2014, 128
Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(5),
title X, § 1072(a), Nov. 25, 2015, 129 Stat. 839, 994;
Pub. L. 114–328, div. A, title VI, § 615(5), Dec. 23,
2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title
VI, § 615(5), Dec. 12, 2017, 131 Stat. 1423.)
Editorial Notes
PRIOR PROVISIONS
A prior section 316a, added Pub. L. 102–190, div. A,
title VI, § 636(a), Dec. 5, 1991, 105 Stat. 1382, related to
waiver of certification requirement, prior to repeal by
Pub. L. 108–375, div. A, title VI, § 620(b)(1), Oct. 28, 2004,
118 Stat. 1954.
AMENDMENTS
2017—Subsec. (f). Pub. L. 115–91, which directed
amendment of this section by substituting ‘‘December
31, 2018’’ for ‘‘December 31, 2017’’ in subsec. (g), was exe-
cuted by making the substitution in subsec. (f) to re-
flect the probable intent of Congress and the redesigna-
tion of subsec. (g) as (f) by Pub. L. 114–92, § 1072(a)(2).
See 2015 Amendment note below.
2016—Subsec. (f). Pub. L. 114–328, which directed
amendment of this section by substituting ‘‘December
31, 2017’’ for ‘
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 317
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