37 U.S.C. § 322 — Untitled legal text

Page 123 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 324 pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000. (c) PRORATION.—The term of an agreement under subsection (b) and the amount payable under the agreement may be prorated. (d) PAYMENT METHODS.—Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments. (e) ADDITIONAL PAY.—Any amount paid to an officer under this section is in addition to any other pay and allowances to which the officer is entitled. (f) REPAYMENT.—An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount pay- able under the agreement but who does not com- plete the total period of active duty specified in the agreement, shall be subject to the repay- ment provisions of section 303a(e) of this title. (g) REGULATIONS.—The Secretary concerned shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 106–65, div. A, title VI, § 629(a)(1), Oct. 5, 1999, 113 Stat. 659; amended Pub. L. 109–163, div. A, title VI, § 687(b)(29), Jan. 6, 2006, 119 Stat. 3332.) Editorial Notes REFERENCES IN TEXT Section 470 of title 14, referred to in subsec. (a)(2)(B), was redesignated section 2770 of title 14 by Pub. L. 115–282, title I, § 116(b)(2), Dec. 4, 2018, 132 Stat. 4226, and references to section 470 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2006—Subsec. (f). Pub. L. 109–163 amended heading and text of subsec. (f) generally, substituting provisions re- ferring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer fails to complete total period of agreed upon active duty. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–65, div. A, title VI, § 629(c), Oct. 5, 1999, 113 Stat. 661, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.’’ SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar 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. [§ 322. Renumbered § 354] [§ 323. Renumbered § 355] § 324. Special pay: accession bonus for new offi- cers in critical skills (a) ACCESSION BONUS AUTHORIZED.—Under reg- ulations 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 ac- ceptance of the agreement by the Secretary con- cerned, be paid an accession bonus in an amount determined by the Secretary concerned. (b) DESIGNATION OF CRITICAL OFFICER SKILLS.— The Secretary concerned shall designate the critical officer skills for the purposes of this sec- tion. A skill may be designated as a critical offi- cer skill for an armed force under this sub- section 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 pro- jected 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 AU- THORITY.—An individual may not receive an ac- cession bonus under this section and section 302d, 302h, 302j, or 312b of this title for the same period of service. (f) REPAYMENT.—An individual who, having re- ceived all or part of the bonus under an agree- ment referred to in subsection (a), is not there- after 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. (g) TERMINATION OF AUTHORITY.—No agree- ment under this section may be entered into after December 31, 2018. (Added Pub. L. 107–107, div. A, title VI, § 621(a), Dec. 28, 2001, 115 Stat. 1139; amended Pub. L. 107–314, div. A, title VI, § 614(e), title X, § 1062(c)(2), Dec. 2, 2002, 116 Stat. 2568, 2651; Pub. L. 108–136, div. A, title VI, §§ 614(e), 623, Nov. 24, 2003, 117 Stat. 1502, 1505; Pub. L. 108–375, div. A, title VI, § 614(f), Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109–163, div. A, title VI, §§ 624(f), 687(b)(32), Jan. 6, 2006, 119 Stat. 3295, 3332; Pub. L. 109–364, div. A, title VI, § 614(f), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110–181, div. A, title VI, § 614(e), Jan.