37 U.S.C. § 312c — Special pay: nuclear career annual incen-

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; Page 113 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312c may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $14,000 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 in accord- ance with this subsection shall be reduced on a pro rata basis for each day of that nuclear serv- ice year on which he— (A) was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; (B) was performing obligated service as the result of an active-service agreement executed under section 312 of this title; or (C) was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet— (i) involving the direct supervision, oper- ation, or maintenance of naval nuclear pro- pulsion plants; and (ii) that required the officer be qualified for the performance of operational flying du- ties. (c) Under regulations prescribed by the Sec- retary of the Navy, an officer of the naval serv- ice who is not on active duty on the last day of a nuclear service year or who, on or before the last day of a nuclear service year, loses his tech- nical qualifications or advances from the pay grade of O–6 to a higher pay grade may be paid a bonus in accordance with subsection (a) or (b) on a pro rata basis, if otherwise qualified, unless termination of active duty or loss of technical qualifications was voluntary or was the result of his own misconduct. (d) For the purposes of this section, a ‘‘nuclear service year’’ is any fiscal year beginning before December 31, 2018. (Added Pub. L. 94–356, § 3, July 12, 1976, 90 Stat. 901; amended Pub. L. 96–513, title V, § 516(9), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 2(c), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99–145, title VI, § 632(c), Nov. 8, 1985, 99 Stat. 645; Pub. L. 101–189, div. A, title VI, § 614(c), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 101–510, div. A, title XIII, § 1322(c)(8), 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(i), Oct. 5, 1994, 108 Stat. 2784; Pub. L. 104–106, div. A, title VI, § 613(g), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, § 613(f), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§ 613(f), 624(c), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, § 613(f), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(g), 624(c), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 613(c), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, § 613(c), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 613(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 613(c), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 623(c), 638, Jan. 6, 2006, 119 Stat. 3295, 3301; Pub. L. 109–364, div. A, title VI, § 613(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 613(c), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 613(c), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 613(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 613(3), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 613(3), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 613(3), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 613(3), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 613(3), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 613(3), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 613(3), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 613(3), Dec. 12, 2017, 131 Stat. 1422.) Editorial Notes AMENDMENTS 2017—Subsec. (d). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (d). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (d). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (d). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (d). 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. (d). 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. (d). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (d). 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. (b)(1). Pub. L. 109–163, § 638, substituted ‘‘$14,000’’ for ‘‘$10,000’’ in concluding provisions. Subsec. (d). Pub. L. 109–364 substituted ‘‘December 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 623(c), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. 2004—Subsec. (d). Pub. L. 108–375 substituted ‘‘Decem- ber 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (d). Pub. L. 108–136 substituted ‘‘Decem- ber 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (d). Pub. L. 107–314 substituted ‘‘Decem- ber 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (d). Pub. L. 107–107 substituted ‘‘Decem- ber 31, 2002’’ for ‘‘December 31, 2001’’. 2000—Subsec. (d). Pub. L. 106–398 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘December 31, 2000’’. 1999—Subsec. (a)(1). Pub. L. 106–65, § 624(c)(1), sub- stituted ‘‘$22,000’’ for ‘‘$12,000’’ in concluding provi- sions. Subsec. (b)(1). Pub. L. 106–65, § 624(c)(2), substituted ‘‘$10,000’’ for ‘‘$5,500’’ in concluding provisions. Subsec. (d). Pub. L. 106–65, § 613(g), substituted ‘‘De- cember 31, 2000.’’ for ‘‘October 1, 1998, and the 15-month period beginning on that date and ending on December 31, 1999.’’ 1998—Subsec. (d). Pub. L. 105–261 substituted ‘‘October 1, 1998, and the 15-month period beginning on that date and ending on December 31, 1999’’ for ‘‘October 1, 1999’’. 1997—Subsec. (a)(1). Pub. L. 105–85, § 624(c)(1), sub- stituted ‘‘$12,000’’ for ‘‘$10,000’’ in concluding provi- sions. Page 114 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 313 Subsec. (b)(1). Pub. L. 105–85, § 624(c)(2), substituted ‘‘$5,500’’ for ‘‘$4,500’’ in concluding provisions. Subsec. (d). Pub. L. 105–85, § 613(f), substituted ‘‘Octo- ber 1, 1999’’ for ‘‘October 1, 1998’’. 1996—Subsec. (d). Pub. L. 104–201 substituted ‘‘October 1, 1998’’ for ‘‘October 1, 1997’’. Pub. L. 104–106 substituted ‘‘October 1, 1997’’ for ‘‘Oc- tober 1, 1996’’. 1994—Subsec. (d). Pub. L. 103–337 substituted ‘‘October 1, 1996’’ for ‘‘October 1, 1995’’. 1991—Subsec. (c). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a) or (b)’’. 1990—Subsecs. (d), (e). Pub. L. 101–510 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: ‘‘The Secretary of the Navy shall make an annual report to the Committees on Armed Services of the Senate and House of Representatives containing data to monitor the effectiveness of the bo- nuses authorized by subsections (a) and (b) of this sec- tion.’’ 1989—Subsecs. (a)(1), (b)(1). Pub. L. 101–189, § 614(c)(1), struck out ‘‘ending before October 1, 1990’’ before period at end. Subsec. (e). Pub. L. 101–189, § 614(c)(2), substituted ‘‘October 1, 1995’’ for ‘‘October 1, 1990’’. 1985—Subsec. (a). Pub. L. 99–145, § 632(c)(1), designated first sentence as par. (1), redesignated cls. (1) to (5) as (A) to (E), respectively, struck out ‘‘, but has com- pleted less than twenty-six years of commissioned serv- ice’’ after ‘‘officer’’ in cl. (C), and substituted ‘‘$10,000’’ and ‘‘October 1, 1990’’ for ‘‘$6,000’’ and ‘‘October 1, 1987’’, respectively; designated second sentence as par. (2) and inserted ‘‘technically’’ before ‘‘qualified’’; designated third sentence as par. (3) and substituted cls. (A) to (D) for provision that the annual bonus be reduced pro rata each day of a nuclear service year that an officer was not on active duty; was not qualified for duty in con- nection with the supervision, operation, and mainte- nance of naval nuclear propulsion plants; was per- forming obligated service as the result of an active- service agreement executed under section 312 of this title; or was entitled to receive aviation career incen- tive pay in accordance with section 301a of this title; and struck out fourth sentence relating to conditions authorizing a further pro rata reduction in the amount of the annual bonus in the case of an officer with more than ten, but not more than eighteen, years of commis- sioned service, an officer with more than eighteen, but not more than twenty-five, years of commissioned serv- ice, and an officer with more than twenty-five, but not more than twenty-six, years of commissioned service. Subsec. (b). Pub. L. 99–145, § 632(c)(2), designated first sentence as par. (1), redesignated cls. (1) to (4) as cls. (A) to (D), respectively, and in provision following cl. (D) substituted ‘‘$4,500’’ and ‘‘October 1, 1990’’ for ‘‘$3,500’’ and ‘‘October 1, 1987’’, respectively; designated second sentence as par. (2) and inserted ‘‘technically’’ before ‘‘qualified’’; designated third sentence as par. (3) and substituted cls. (A) to (D) for provision that the an- nual bonus be reduced pro rata for each day of a nu- clear service year that an officer was not in an assign- ment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an active service agreement executed under section 312 of this title; or was entitled to receive aviation career incen- tive pay in accordance with section 301a of this title. Subsec. (e). Pub. L. 99–145, § 632(c)(3), substituted ‘‘Oc- tober 1, 1990’’ for ‘‘October 1, 1987’’. 1980—Subsec. (a). Pub. L. 96–579, § 2(c)(1), substituted ‘‘$6,000 for each nuclear service year ending before Oc- tober 1, 1987’’ for ‘‘$4,000 for each nuclear service year beginning after September 30, 1975, and ending before October 1, 1981’’. Pub. L. 96–513, § 516(9)(A), substituted ‘‘title. How- ever’’ for ‘‘title: Provided, That’’. Subsec. (b). Pub. L. 96–579, § 2(c)(2), substituted ‘‘$3,500 for each nuclear service year ending before October 1, 1987’’ for ‘‘$2,400 for each nuclear service year beginning after September 30, 1975, and ending before October 1, 1981’’. Subsec. (d). Pub. L. 96–513, § 516(9)(B), substituted ‘‘Committees on Armed Services of the Senate and House of Representatives’’ for ‘‘House and Senate Armed Service Committees’’. Subsec. (e). Pub. L. 96–579, § 2(c)(3), substituted as def- inition for ‘‘nuclear service year’’ any fiscal year begin- ning before Oct. 1, 1987 for the one-year period from Oct. 1, 1975, through Sept. 30, 1976, or any fiscal year be- ginning after Sept. 30, 1976, and before Oct. 1, 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 1999 AMENDMENT Pub. L. 106–65, div. A, title VI, § 624(d)(2), Oct. 5, 1999, 113 Stat. 654, provided that: ‘‘The amendments made by subsection (c) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to nu- clear service years beginning on or after that date.’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 624(c) of Pub. L. 105–85 effec- tive 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 AMENDMENTS Pub. L. 96–579, § 2(d)(3), Dec. 23, 1980, 94 Stat. 3360, pro- vided: ‘‘The amendments made by subsection (c) [amending this section] shall become effective on the first day of the first month following the month in which this section is enacted [December 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 Section effective Oct. 1, 1975, see section 5 of Pub. L. 94–356, set out as an Effective Date of 1976 Amendment note under section 312 of this title. [§ 313. Repealed. Pub. L. 96–513, title IV, § 414(a), Dec. 12, 1980, 94 Stat. 2906] Section, added Pub. L. 93–274, § 1(4), May 6, 1974, 88 Stat. 95; amended Pub. L. 94–273, § 43, Apr. 21, 1976, 90 Stat. 381; Pub. L. 96–107, title VIII, § 804(b), Nov. 9, 1979, 93 Stat. 812; Pub. L. 96–284, § 3(b)(1)–(5), June 28, 1980, 94 Stat. 590, 591, related to special pay for medical officers of the Public Health Service who execute active duty agreements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1981 Amend- ment note under section 101 of Title 10, Armed Forces. § 314. Special pay or bonus: qualified members extending duty at designated locations over- seas (a) COVERED MEMBERS.—This section applies with respect to a member of an armed force who—