37 U.S.C. § 312b — Special pay: nuclear career accession

Page 110 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 312a ‘‘(1) The amendments made by this section [amending this section and sections 312b and 312c of this title] shall take effect as of October 1, 1997. ‘‘(2) The amendments made by subsections (a) and (b) [amending this section and section 312b of this title] shall apply with respect to agreements accepted under sections 312(a) and 312b(a), respectively, of title 37, United States Code, on or after October 1, 1997.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 632(d), Nov. 8, 1985, 99 Stat. 646, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 312b and 312c of this title] shall take effect on October 1, 1985.’’ EFFECTIVE DATE OF 1980 AMENDMENTS Pub. L. 96–579, § 2(d)(1), Dec. 23, 1980, 94 Stat. 3360, pro- vided: ‘‘The amendments made by subsection (a)(1) [amending this section] shall apply only with respect to active-duty agreements under section 312 of title 37, United States Code, executed on or after the first day of the first month following the month in which this section is enacted [Dec. 1980].’’ Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–356, § 5, July 12, 1976, 90 Stat. 904, provided that: ‘‘This Act [enacting section 312b of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title] becomes effective on the first day of the first month after enactment [Aug. 1, 1976], except that section 312c of title 37, United States Code, as added by this Act, is effective as of October 1, 1975.’’ 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. EFFECT OF AMENDMENT BY PUB. L. 110–181 ON EXISTING AGREEMENTS Pub. L. 110–181, div. A, title VI, § 621(b), Jan. 28, 2008, 122 Stat. 152, provided that: ‘‘The Secretary of the Navy and an officer of the naval service who is a party to an agreement under section 312 of title 37, United States Code, that was entered into before the date of the en- actment of this Act [Jan. 28, 2008] may revise the agree- ment to reflect the new limitation on the number of years of commissioned service that the officer may serve while remaining eligible for special pay under such section.’’ ACTIVE SERVICE AGREEMENTS FOR NUCLEAR QUALIFIED OFFICERS Pub. L. 97–60, title I, § 118, Oct. 14, 1981, 95 Stat. 997, provided that: ‘‘Notwithstanding subsections (a) and (b) of section 312 of title 37, United States Code, and under regulations prescribed by the Secretary of the Navy, the Secretary of the Navy may permit an officer of the naval service who is performing obligated service as the result of an active-service agreement executed under such section before January 1, 1981, to cancel that active-service agreement effective on the day be- fore an anniversary of the day on which that agreement was executed and execute a new active-service agree- ment under such section for one period of four years. Any such cancellation of an existing agreement and execution of a new agreement may be effective on the day before an anniversary date occurring on or after January 1, 1981.’’ EXCHANGE OF ACTIVE SERVICE AGREEMENTS BY NAVAL OFFICERS Pub. L. 94–356, § 4, July 12, 1976, 90 Stat. 903, provided that: ‘‘Notwithstanding any other provision of this Act [enacting section 312b and 312c of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title] or any other provision of law, and under regulations pre- scribed by the Secretary of the Navy, an officer of the naval service who, on or after the effective date of this Act [see Effective Date of 1976 Amendment above], is, or will be, performing obligated service as the result of an active service agreement executed in accordance with section 312 of title 37, United States Code as it ex- isted at any time before the effective date of this Act, may be permitted— ‘‘(1) as of the last day of the first year of that obli- gated service, to cancel that active service agreement in exchange for a new active service agreement in ac- cordance with section 312 of title 37, as amended by this Act; or ‘‘(2) as of the last day of any year, other than the last year, of that obligated service, to cancel that ac- tive service agreement in exchange for eligibility for the annual bonus authorized by section 312c of title 37, as added by this Act, and an agreement to remain on active duty for a period of time equal to the period of obligated service remaining under that active serv- ice agreement.’’ [§ 312a. Repealed. Pub. L. 109–163, div. A, title VI, § 629(d)(1), Jan. 6, 2006, 119 Stat. 3297] Section, added Pub. L. 92–581, § 1(3), Oct. 27, 1972, 86 Stat. 1277; amended Pub. L. 97–295, § 3(3), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117, related to special pay for nuclear- trained and qualified enlisted members. § 312b. Special pay: nuclear career accession bonus (a)(1) Under regulations prescribed by the Sec- retary of the Navy, an individual who is selected for officer naval nuclear power training and who executes a written agreement to participate in a program of training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants may be paid a bonus not to exceed $30,000 upon acceptance by the Secretary of the written agreement. Upon acceptance of the agreement by the Secretary, the amounts payable upon selection for training and upon completion of training, respectively, as determined under subsection (b), shall be- come fixed. (2) An officer who does not commence or com- plete satisfactorily the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title. (b) The Secretary of the Navy shall determine annually the total amount of the bonus to be paid under this section and of that amount the portions that are to be paid— (1) upon selection for officer naval nuclear power training; and (2) upon successful completion, as a commis- sioned officer, of training for duty in connec- tion with the supervision, operation, and maintenance of naval nuclear propulsion plants. (c) The provisions of this section shall be ef- fective only in the case of officers who, on or be- Page 111 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312b fore December 31, 2018, have been accepted for training for duty in connection with the super- vision, operation, and maintenance of naval nu- clear propulsion plants. (Added Pub. L. 94–356, § 3, July 12, 1976, 90 Stat. 901; amended Pub. L. 96–579, § 2(b), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 97–60, title I, § 119, Oct. 14, 1981, 95 Stat. 997; Pub. L. 99–145, title VI, § 632(b), title XIII, § 1303(b)(4), Nov. 8, 1985, 99 Stat. 644, 740; Pub. L. 101–189, div. A, title VI, § 614(b), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 101–510, div. A, title XIII, § 1322(c)(7), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 613(h), Oct. 5, 1994, 108 Stat. 2784; Pub. L. 104–106, div. A, title VI, § 613(f), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, § 613(e), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§ 613(e), 624(b), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, § 613(e), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(f), 624(b), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 613(b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, § 613(b), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 613(b), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 613(b), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 623(b), 687(b)(22), Jan. 6, 2006, 119 Stat. 3295, 3331; Pub. L. 109–364, div. A, title VI, §§ 613(b), 619(a), Oct. 17, 2006, 120 Stat. 2248, 2252; Pub. L. 110–181, div. A, title VI, § 613(b), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 613(b), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 613(2), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 613(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 613(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 613(2), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 613(2), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 613(2), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 613(2), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 613(2), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 613(2), Dec. 12, 2017, 131 Stat. 1422.) Editorial Notes AMENDMENTS 2017—Subsec. (c). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (c). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (c). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (c). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (c). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (c). Pub. L. 112–81 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (c). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (c). Pub. L. 110–417 substituted ‘‘Decem- ber 31, 2009’’ for ‘‘December 31, 2008’’. Pub. L. 110–181 substituted ‘‘December 31, 2008’’ for ‘‘December 31, 2007’’. 2006—Subsec. (a)(1). Pub. L. 109–364, § 619(a), sub- stituted ‘‘$30,000’’ for ‘‘$20,000’’. Subsec. (a)(2). Pub. L. 109–163, § 687(b)(22), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Under such regulations, and subject to such exceptions, as the Secretary of the Navy may prescribe, an individual who has entered into an agreement with the Secretary under this subsection, who has been paid a bonus under this subsection, and who fails to com- mence or satisfactorily complete the nuclear power training specified in the agreement shall be required to refund such bonus.’’ Subsec. (c). Pub. L. 109–364, § 613(b), substituted ‘‘De- cember 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 623(b), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. 2004—Subsec. (c). Pub. L. 108–375 substituted ‘‘Decem- ber 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (c). Pub. L. 108–136 substituted ‘‘Decem- ber 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (c). Pub. L. 107–314 substituted ‘‘Decem- ber 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (c). Pub. L. 107–107 substituted ‘‘Decem- ber 31, 2002’’ for ‘‘December 31, 2001’’. 2000—Subsec. (c). Pub. L. 106–398 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘December 31, 2000’’. 1999—Subsec. (a)(1). Pub. L. 106–65, § 624(b), sub- stituted ‘‘$20,000’’ for ‘‘$10,000’’. Subsec. (c). Pub. L. 106–65, § 613(f), substituted ‘‘De- cember 31, 2000’’ for ‘‘December 31, 1999’’. 1998—Subsec. (c). Pub. L. 105–261 substituted ‘‘Decem- ber 31, 1999’’ for ‘‘September 30, 1999’’. 1997—Subsec. (a)(1). Pub. L. 105–85, § 624(b), sub- stituted ‘‘$10,000’’ for ‘‘$8,000’’. Subsec. (c). Pub. L. 105–85, § 613(e), substituted ‘‘Sep- tember 30, 1999’’ for ‘‘September 30, 1998’’. 1996—Subsec. (c). Pub. L. 104–201 substituted ‘‘Sep- tember 30, 1998’’ for ‘‘September 30, 1997’’. Pub. L. 104–106 substituted ‘‘September 30, 1997’’ for ‘‘September 30, 1996’’. 1994—Subsec. (c). Pub. L. 103–337 substituted ‘‘Sep- tember 30, 1996’’ for ‘‘September 30, 1995’’. 1991—Subsec. (a)(1). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (b)’’. 1990—Subsecs. (c), (d). Pub. L. 101–510 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report containing data to monitor the effectiveness of the bonus authorized by subsections (a) and (b) of this sec- tion.’’ 1989—Subsec. (d). Pub. L. 101–189 substituted ‘‘Sep- tember 30, 1995’’ for ‘‘September 30, 1990’’. 1985—Subsec. (a)(1). Pub. L. 99–145, § 632(b)(1), sub- stituted ‘‘not to exceed $8,000’’ for ‘‘of $3,000’’, and in- serted provision that upon acceptance of the agreement by the Secretary, the amounts payable upon selection for training and upon completion of training, respec- tively, as determined under subsection (b) of this sec- tion, shall become fixed. Subsec. (b). Pub. L. 99–145, § 632(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who— ‘‘(1) is entitled to basic pay; ‘‘(2) has not completed five years of commissioned service; and ‘‘(3) has, as a commissioned officer, received train- ing for duty in connection with the supervision, oper- ation, and maintenance of naval nuclear propulsion plants; may, upon successful completion of that training, in addition to all other compensation to which he is enti- tled, be paid a bonus in an amount not to exceed $3,000.’’ Page 112 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312c Subsec. (c). Pub. L. 99–145, § 1303(b)(4), substituted ‘‘submit to the Committees on Armed Services of the Senate and House of Representatives an annual report’’ for ‘‘make an annual report to the House and Senate Armed Services Committees’’. Subsec. (d). Pub. L. 99–145, § 632(b)(3), substituted ‘‘September 30, 1990’’ for ‘‘September 30, 1987’’. 1981—Subsec. (a)(1). Pub. L. 97–60 substituted ‘‘naval nuclear propulsion plants’’ for ‘‘naval nuclear sub- marine propulsion plants’’. 1980—Subsec. (a). Pub. L. 96–579, § 2(b)(1)(B), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 96–579, § 2(b)(1)(A), redesignated former subsec. (a) as (b). Former subsec. (b) redesig- nated (c). Subsec. (c). Pub. L. 96–579, § 2(b)(1)(A), (2), redesig- nated former subsec. (b) as (c) and inserted reference to the bonus authorized by subsec. (b) of this section. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 96–579, § 2(b)(1)(A), (3), redesig- nated former subsec. (c) as (d) and substituted ‘‘Sep- tember 30, 1987’’ for ‘‘September 30, 1981’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see sec- tion 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uni- formed Services note under section 2130a of Title 10, Armed Forces. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title VI, § 619(b), Oct. 17, 2006, 120 Stat. 2252, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements en- tered into or revised under section 312b of title 37, United States Code, on or after that date.’’ EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 624(b) of Pub. L. 106–65 effec- tive Oct. 1, 1999, and applicable to agreements under this section or section 312 of this title entered into on or after that date, see section 624(d)(1) of Pub. L. 106–65, set out as a note under section 312 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 624(b) of Pub. L. 105–85 effec- tive Oct. 1, 1997, and applicable with respect to agree- ments accepted under subsec. (a) of this section on or after Oct. 1, 1997, see section 624(d) of Pub. L. 105–85, set out as a note under section 312 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 632(d) of Pub. L. 99–145, set out as a note under section 312 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–579, § 2(d)(2), Dec. 23, 1980, 94 Stat. 3360, pro- vided: ‘‘The amendments made by subsection (b)(1) [amending this section] shall apply only with respect to agreements executed under section 312b(a) of title 37, United States Code, executed on or after the first day of the first month following the month in which this section is enacted [December 1980].’’ EFFECTIVE DATE Section effective Aug. 1, 1976, see section 5 of Pub. L. 94–356, set out as an Effective Date of 1976 Amendment note under section 312 of this title. 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. § 312c. Special pay: nuclear career annual incen- tive bonus (a)(1) Under regulations prescribed by the Sec- retary of the Navy, an officer of the naval serv- ice who— (A) is entitled to basic pay; (B) is not above the pay grade O–6; (C) has completed his initial obligated active service as an officer; (D) has, as a commissioned officer, success- fully completed training for duty in connec- tion with the supervision, operation, and maintenance of naval nuclear propulsion plants; and (E) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $22,000 for each nuclear service year. (2) In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise technically quali- fied officer must have been on active duty on the last day of that nuclear service year. (3) The amount of the annual bonus to which an officer would otherwise be entitled for a nu- clear service year in accordance with this sub- section shall be reduced on a pro rata basis for each day of that nuclear service year on which he— (A) was not on active duty; (B) was not technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; (C) was performing obligated service as the result of an active-service agreement executed under section 312 of this title; or (D) was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet that required the officer— (i) be technically qualified for duty in con- nection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and (ii) be qualified for the performance of operational flying duties. (b)(1) Under regulations prescribed by the Sec- retary of the Navy, an officer of the naval serv- ice who— (A) is entitled to basic pay; (B) is not above the pay grade O–6; (C) has, as an enlisted member, received training for duty in connection with the super- vision, operation, and maintenance of naval nuclear propulsion plants; and (D) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;