Pub. L. 109-163, div. A, tit. VI, subtit. F, sec. 681
TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES.
SEC. 681. TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES.(a) Authority to Develop and Provide Recruitment Incentives.—The Secretary of the Army may develop and provide incentives not otherwise authorized by law to encourage individuals to accept commissions as officers or to enlist in the Army.(b) Relation to Other Personnel Authorities.—A recruitment incentive developed under subsection (a) may be provided—(1) without regard to the lack of specific authority for the incentive under title 10 or 37, United States Code; and(2) notwithstanding any provision of such titles, or any rule or regulation prescribed under such provision, relating to methods of—(A) determining requirements for, and the compensation of, members of the Army who are assigned duty as military recruiters; or(B) providing incentives to individuals to accept commissions or enlist in the Army, including the provision of group or individual bonuses, pay, or other incentives.(c) Waiver of Otherwise Applicable Laws.—A provision of title 10 or 37, United States Code, may not be waived with respect to, or otherwise determined to be inapplicable to, the provision of a recruitment incentive developed under subsection (a) without the approval of the Secretary of Defense.(d) Notice and Wait Requirement.—A recruitment incentive developed under subsection (a) may not be provided to individuals until—119 STAT. 3321(1) the Secretary of the Army submits to Congress, the appropriate elements of the Department of Defense, and the Comptroller General a plan that includes—(A) a description of the incentive, including the purpose of the incentive and the potential recruits to be addressed by the incentive;(B) a description of the provisions of titles 10 and 37, United States Code, from which the incentive would require a waiver and the rationale to support the waiver;(C) a statement of the anticipated outcomes as a result of providing the incentive; and(D) the method to be used to evaluate the effectiveness of the incentive; and(2) a 45-day period beginning on the date on which the plan was received by Congress expires.(e) Limitation on Number of Incentives.—Not more than four recruitment incentives may be provided under the authority of this section.(f) Limitation on Number of Individuals Receiving Incentives.—The number of individuals who receive one or more of the recruitment incentives provided under subsection (a) during a fiscal year may not exceed the number of individuals equal to 20 percent of the accession mission of the Army for that fiscal year.(g) Duration of Developed Incentive.—A recruitment incentive developed under subsection (a) may be provided for not longer than a three-year period beginning on the date on which the incentive is first provided, except that the Secretary of the Army may extend the period if the Secretary determines that additional time is needed to fully evaluate the effectiveness of the incentive.(h) Reporting Requirements.—(1) Secretary of the army report.—The Secretary of the Army shall submit to Congress an annual report on the recruitment incentives provided under subsection (a) during the preceding year, including—(A) a description of the incentives provided under subsection (a) during that fiscal year; and(B) an assessment of the impact of the incentives on the recruitment of individuals as officers or enlisted members.(2) Comptroller general report.—As soon as practicable after receipt of each plan under subsection (d), the Comptroller General shall submit to Congress a report evaluating the expected outcomes of the recruitment incentive covered by the plan in terms of cost effectiveness and mission achievement.(i) Termination of Authority to Provide Incentives.—Notwithstanding subsection (g), the authority to provide recruitment incentives under this section expires on December 31, 2009.