37 U.S.C. § 312 — Special pay: nuclear-qualified officers ex-

Page 107 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312 and (b) the rates of pay authorized by section 427(a)(1) of title 37, United States Code, shall be $250.’’ RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER PAY FOR SERVICE IN CONNECTION WITH OPERATION ENDURING FREEDOM Pub. L. 107–107, div. A, title VI, § 624, Dec. 28, 2001, 115 Stat. 1143, provided that: ‘‘(a) RETROACTIVE AUTHORIZATION.—The Secretary of Defense may provide for the payment of imminent dan- ger pay under section 310 of title 37, United States Code, to members of the Armed Forces assigned to duty in the areas specified in subsection (b) in connection with the contingency operation known as Operation Enduring Freedom with respect to periods of duty served in those areas during the period beginning on September 19, 2001, and ending October 31, 2001. ‘‘(b) SPECIFIED AREAS.—The areas referred to in sub- section (a) are the following: ‘‘(1) The land areas of Kyrgyzstan, Oman, the United Arab Emirates, and Uzbekistan. ‘‘(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the Arabian Sea (that portion north of 10≥ north latitude and west of 68≥ east longitude).’’ TEMPORARY INCREASE IN SPECIAL PAY IN CONNECTION WITH PERSIAN GULF CONFLICT Pub. L. 102–25, title III, § 301, Apr. 6, 1991, 105 Stat. 80, provided that: ‘‘(a) INCREASED RATE.—In lieu of the rate of special pay specified in section 310(a) of title 37, United States Code, the rate of special pay payable under that section shall be $150 for each month during the period described in subsection (b). ‘‘(b) PERIOD OF APPLICABILITY.—Subsection (a) shall apply during the period beginning on August 1, 1990, and ending on the first day of the first month begin- ning on or after the date 180 days after the end of the Persian Gulf conflict.’’ IMMINENT DANGER PAY IN CONNECTION WITH OPERATION DESERT SHIELD Pub. L. 101–510, div. A, title XI, § 1111(a), Nov. 5, 1990, 104 Stat. 1635, provided that: ‘‘The Secretary of Defense may provide for the payment of imminent danger pay under section 310 of title 37, United States Code, to members of the Armed Forces assigned to duty in the Persian Gulf area in connection with Operation Desert Shield with respect to periods of duty served after Au- gust 1, 1990, and before the date of the enactment of this Act [Nov. 5, 1990].’’ [§ 311. Repealed. Pub. L. 99–145, title VI, § 639(b), Nov. 8, 1985, 99 Stat. 651] Section, added Pub. L. 90–207, § 1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90–603, § 1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90–623, § 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–274, § 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93–394, § 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96–284, § 4(d)(1)–(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96–513, title IV, § 414(b), title V, § 516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for den- tists in the armed forces. See section 302b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99–145, set out as an Effective Date of 1985 Amend- ment note under section 302b of this title. § 312. Special pay: nuclear-qualified officers ex- tending period of active service (a) SPECIAL PAY AUTHORIZED; ELIGIBILITY.— Under regulations to be prescribed by the Sec- retary of the Navy, the Secretary may pay spe- cial pay under subsection (b) to an officer of the naval service who— (1) is entitled to basic pay; (2) has the current technical qualification for duty in connection with supervision, oper- ation, and maintenance of naval nuclear pro- pulsion plants; and (3) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obli- gated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated ac- tive service. (b) PAYMENT AMOUNT; PAYMENT OPTIONS.—(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled. (2) The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active- service agreements accepted within each 12- month period. (3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the con- tract, commencing at the expiration of any ex- isting period of obligated active service. (4) The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officer’s exist- ing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one. (c) REPAYMENT.—An officer who does not com- plete the period of active duty in connection with the supervision, operation, and mainte- nance of naval nuclear propulsion plants that the officer agreed to serve, and for which a pay- ment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title. (d) RELATION TO SERVICE OBLIGATION.—Nothing in this section shall alter or modify the obliga- tion of a regular officer to perform active serv- ice at the pleasure of the President. Completion of the additional period of active service under this section shall in no way obligate the Presi- dent to accept a resignation submitted by a reg- ular officer. (e) NEW AGREEMENT.—(1) An officer who is per- forming obligated service under an agreement under subsection (a) may, if the amount that may be paid under subsection (b) is higher than at the time the officer executed such agreement, execute a new agreement under this subsection. Page 108 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312 The period of such an agreement shall be a pe- riod equal to or exceeding the original period of the officer’s existing agreement, so long as the period of obligated active service under the new agreement does not extend beyond the max- imum number of years of commissioned service authorized by subsection (a)(3). If a new agree- ment is executed under this subsection, the ex- isting active-service agreement shall be can- celled, effective on the day before an anniver- sary date of that agreement after the date on which the amount that may be paid under this section is increased. (2) This subsection shall be carried out under regulations prescribed by the Secretary of the Navy. (f) DURATION OF AUTHORITY.—The provisions of this section shall be effective only in the case of officers who, on or before December 31, 2018, exe- cute the required written agreement to remain in active service. (Added Pub. L. 91–20, § 1(1), June 3, 1969, 83 Stat. 12; amended Pub. L. 92–581, § 1(1), (2), Oct. 27, 1972, 86 Stat. 1277; Pub. L. 94–356, § 2, July 12, 1976, 90 Stat. 901; Pub. L. 96–513, title V, § 516(8), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 2(a), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99–145, title VI, § 632(a), Nov. 8, 1985, 99 Stat. 643; Pub. L. 101–189, div. A, title VI, § 614(a), Nov. 29, 1989, 103 Stat. 1446; 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(g), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 613(e), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, § 613(d), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§ 613(d), 624(a), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, § 613(d), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(e), 624(a), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 613(a), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, § 613(a), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 613(a), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 613(a), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 623(a), 637, 687(b)(21), Jan. 6, 2006, 119 Stat. 3294, 3301, 3331; Pub. L. 109–364, div. A, title VI, §§ 613(a), 618, Oct. 17, 2006, 120 Stat. 2248, 2251; Pub. L. 110–181, div. A, title VI, §§ 613(a), 621(a), Jan. 28, 2008, 122 Stat. 149, 151; Pub. L. 110–417, [div. A], title VI, §§ 613(a), 617, Oct. 14, 2008, 122 Stat. 4485, 4486; Pub. L. 111–84, div. A, title VI, § 613(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 613(1), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 613(1), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 613(1), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 613(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 613(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 613(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 613(1), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 613(1), Dec. 12, 2017, 131 Stat. 1422.) Editorial Notes AMENDMENTS 2017—Subsec. (f). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (f). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (f). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (f). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (f). 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. (f). 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. (f). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (a)(3). Pub. L. 110–417, § 617, substituted ‘‘not less than three years’’ for ‘‘three, four, or five years’’. Pub. L. 110–181, § 621(a)(1), substituted ‘‘30 years’’ for ‘‘26 years’’. Subsec. (e)(1). Pub. L. 110–181, § 621(a)(2), substituted ‘‘the maximum number of years of commissioned serv- ice authorized by subsection (a)(3)’’ for ‘‘the end of 26 years of commissioned service’’. Subsec. (f). Pub. L. 110–417, § 613(a), substituted ‘‘De- cember 31, 2009’’ for ‘‘December 31, 2008’’. Pub. L. 110–181, § 613(a), substituted ‘‘December 31, 2008’’ for ‘‘December 31, 2007’’. 2006—Subsec. (a). Pub. L. 109–364, § 618(c)(1), inserted heading. Pub. L. 109–364, § 618(b)(2)(C), designated concluding provisions as subsec. (b). Pub. L. 109–364, § 618(b)(2)(A), substituted ‘‘the Sec- retary may pay special pay under subsection (b) to an officer’’ for ‘‘an officer’’ in introductory provisions. Pub. L. 109–364, § 618(a), in concluding provisions, sub- stituted ‘‘in a single lump-sum or in annual install- ments of equal or different amounts’’ for ‘‘in equal an- nual installments’’ and ‘‘and, if the special pay will be paid in annual installments, the number of install- ments may not exceed the number of years covered by the agreement plus one’’ for ‘‘with the number of in- stallments being equal to the number of years covered by the contract plus one’’. Pub. L. 109–163, § 637, substituted ‘‘$30,000’’ for ‘‘$25,000’’ in concluding provisions. Subsec. (a)(3). Pub. L. 109–364, § 618(b)(2)(B), sub- stituted period for comma at end. Subsec. (b). Pub. L. 109–364, § 618(b)(1), (2)(C)–(E), des- ignated concluding provisions of subsec. (a) as (b), in- serted heading, and substituted ‘‘(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled.’’ for ‘‘may, upon the ac- ceptance by the Secretary or his designee of the writ- ten agreement, in addition to all other compensation to which he is entitled, be paid a sum of money not to ex- ceed $30,000 for each year of the active-service agree- ment.’’, ‘‘(2) The Secretary shall’’ for ‘‘The Secretary of the Navy shall’’, ‘‘(3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary’’ for ‘‘Upon acceptance of the agreement by the Secretary or his designee’’, and ‘‘(4) The Secretary’’ for ‘‘The Sec- retary (or his designee)’’. Former subsec. (b) redesig- nated (c). Pub. L. 109–163, § 687(b)(21), amended subsec. (b) gen- erally. Prior to amendment, subsec. (b) read as follows: ‘‘Pursuant to regulations prescribed by the Secretary of the Navy and subject to such exceptions as may be prescribed in those regulations, refunds, on a pro rata Page 109 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312 basis, of sums paid pursuant to this section may be re- quired if the officer having received the payment fails to complete the full period of active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants which he agreed to serve.’’ Subsec. (c). Pub. L. 109–364, § 618(b)(1), (3), (c)(2), redes- ignated subsec. (b) as (c), inserted heading, and sub- stituted ‘‘subsection (b) or (e)(1)’’ for ‘‘subsection (a) or subsection (d)(1)’’. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109–364, § 618(b)(1), (c)(3), redesig- nated subsec. (c) as (d) and inserted heading. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–364, § 618(b)(1), (c)(4), redesig- nated subsec. (d) as (e) and inserted heading. Former subsec. (e) redesignated (f). Pub. L. 109–364, § 613(a), substituted ‘‘December 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 623(a), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. Subsec. (e)(1). Pub. L. 109–364, § 618(b)(4), in first sen- tence, substituted ‘‘subsection (b)’’ for ‘‘such sub- section’’ and ‘‘this subsection’’ for ‘‘that subsection’’. Subsec. (f). Pub. L. 109–364, § 618(b)(1), (c)(5), redesig- nated subsec. (e) as (f) and inserted heading. 2004—Subsec. (e). Pub. L. 108–375 substituted ‘‘Decem- ber 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (e). Pub. L. 108–136 substituted ‘‘Decem- ber 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (e). Pub. L. 107–314 substituted ‘‘Decem- ber 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (e). Pub. L. 107–107 substituted ‘‘Decem- ber 31, 2002’’ for ‘‘December 31, 2001’’. 2000—Subsec. (e). Pub. L. 106–398 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘December 31, 2000’’. 1999—Subsec. (a). Pub. L. 106–65, § 624(a), substituted ‘‘$25,000’’ for ‘‘$15,000’’ in concluding provisions. Subsec. (e). Pub. L. 106–65, § 613(e), substituted ‘‘De- cember 31, 2000’’ for ‘‘December 31, 1999’’. 1998—Subsec. (e). Pub. L. 105–261 substituted ‘‘Decem- ber 31, 1999’’ for ‘‘September 30, 1999’’. 1997—Subsec. (a). Pub. L. 105–85, § 624(a), substituted ‘‘$15,000’’ for ‘‘$12,000’’ in concluding provisions. Subsec. (e). Pub. L. 105–85, § 613(d), substituted ‘‘Sep- tember 30, 1999’’ for ‘‘September 30, 1998’’. 1996—Subsec. (e). 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. (e). Pub. L. 103–337 substituted ‘‘Sep- tember 30, 1996’’ for ‘‘September 30, 1995’’. 1991—Subsec. (d)(1). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a)’’. 1989—Subsec. (e). Pub. L. 101–189 substituted ‘‘Sep- tember 30, 1995’’ for ‘‘September 30, 1990’’. 1985—Subsec. (a). Pub. L. 99–145, § 632(a)(1)(D), in pro- visions following numbered clauses, substituted ‘‘$12,000’’ for ‘‘$7,000’’, ‘‘annually’’ for ‘‘semiannually’’, ‘‘12-month period’’ for ‘‘six-month period’’, and ‘‘shall be paid in equal annual installments over the length of the contract, commencing at the expiration of any ex- isting period of obligated active service. The Secretary (or his designee) may accept an active service agree- ment under this section not more than one year in ad- vance of the end of an officer’s existing period of obli- gated active service under such an agreement. In such a case, the amount of the special pay may be paid com- mencing with the date of acceptance of the agreement, with the number of installments being equal to the number of years covered by the contract plus one’’ for ‘‘shall become fixed and shall be paid in four equal yearly installments, commencing at the expiration of the initial obligated service; except, the Secretary or his designee may accept the active-service agreement not more than one year in advance of the expiration of the initial obligated active service and the amount may then be paid in five yearly installments, not to ex- ceed $5,600 per year, commencing with the date of ac- ceptance of the agreement’’. Subsec. (a)(2) to (4). Pub. L. 99–145, § 632(a)(1)(A)–(C), inserted ‘‘and’’ at end of cl. (2), redesignated cl. (4) as (3) and substituted ‘‘for a period of three, four, or five years, so long as the new period of obligated active service does not extend beyond the end of 26 years of commissioned service,’’ for ‘‘for one period of four years’’, and struck out former cl. (3) which related to an officer of the naval service who had not completed ten years of commissioned service. Subsec. (b). Pub. L. 99–145, § 632(a)(2), (3), redesignated subsec. (c) as (b), struck out ‘‘of four years’’ after ‘‘complete the full period’’, and struck out former sub- sec. (b) which provided that no more than one agree- ment for each officer would be accepted under this sec- tion. Subsec. (c). Pub. L. 99–145, § 632(a)(4), redesignated subsec. (d) as (c), and substituted ‘‘additional period of active service under this section shall in no way obli- gate the President to accept a resignation submitted by a regular officer.’’ for ‘‘additional period of four years’ active service under this section shall in no way obli- gate the President to accept a resignation submitted by a regular officer at the end of the four-year period.’’ Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 99–145, § 632(a)(5), added subsec. (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 99–145, § 632(a)(6), substituted ‘‘September 30, 1990’’ for ‘‘September 30, 1987’’. 1980—Subsec. (a). Pub. L. 96–579, § 2(a)(1), substituted ‘‘$7,000’’ and ‘‘$5,600’’ for ‘‘$5,000’’ and ‘‘$4,000’’, respec- tively. Pub. L. 96–513 redesignated cls. (3) to (5) as (2) to (4), respectively. Former cl. (2) was repealed by Pub. L. 92–581, § 1(2)(A), Oct. 27, 1972, 86 Stat. 1277. Subsec. (e). Pub. L. 96–579, § 2(a)(2), substituted ‘‘Sep- tember 30, 1987’’ for ‘‘September 30, 1981’’. 1976—Subsec. (a). Pub. L. 94–356, § 2(1), substituted ‘‘$5,000’’ for ‘‘$3,750’’ and ‘‘$4,000’’ for ‘‘$3,000’’. Subsec. (e). Pub. L. 94–356, § 2(2), substituted ‘‘Sep- tember 30, 1981’’ for ‘‘June 30, 1975’’. 1972—Pub. L. 92–581, § 1(1), struck out ‘‘submarine’’ in section catchline. Subsec. (a)(2). Pub. L. 92–581, § 1(2)(A), struck out cl. (2) which referred to officers of the naval service cur- rently designated ‘‘qualified in submarines’’. Subsec. (a)(5). Pub. L. 92–581, § 1(2)(B), substituted ‘‘on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants’’, for ‘‘in active submarine service’’. Subsec. (c). Pub. L. 92–581, § 1(2)(C), substituted ‘‘duty in connection with supervision, operation, and mainte- nance of naval nuclear propulsion plants’’, for ‘‘sub- marine service’’. Subsec. (d). Pub. L. 92–581, § 1(2)(D), struck out ‘‘sub- marine’’. Subsec. (e). Pub. L. 92–581, § 1(2)(E), substituted ‘‘1975’’ for ‘‘1973’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 613(a) of Pub. L. 110–181 effec- tive as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bo- nuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title VI, § 624(d)(1), Oct. 5, 1999, 113 Stat. 654, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and sec- tion 312b of this title] shall take effect on October 1, 1999, and shall apply to agreements under section 312 or 312b of such title entered into on or after that date.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title VI, § 624(d), Nov. 18, 1997, 111 Stat. 1793, provided that: 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-