§ 312. — Special pay: nuclearqualified officers extending period of active service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC312]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 312. Special pay: nuclear-qualified officers extending
period of active service
(a) Under regulations to be prescribed by the Secretary of the Navy,
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, operation, and maintenance of naval
nuclear propulsion 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 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, in
addition to any other period of obligated active service,
may, upon the acceptance by the Secretary or his designee of the written
agreement, in addition to all other compensation to which he is
entitled, be paid a sum of money not to exceed $25,000 for each year of
the active-service agreement. The Secretary of the Navy 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. Upon acceptance of the agreement by the
Secretary or his designee, the total amount payable shall be paid in
equal annual installments over the length of the contract, commencing at
the expiration of any existing period of obligated active service. The
Secretary (or his designee) may accept an active service agreement under
this section not more than one year in advance of the end of an
officer's existing 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, with the number
of installments being equal to the number of years covered by the
contract plus one.
(b) 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 basis, of sums paid pursuant to this
section may be required 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.
(c) Nothing in this section shall alter or modify the obligation of
a regular officer to perform active service at the pleasure of the
President. Completion of the additional period of active service under
this section shall in no way obligate the President to accept a
resignation submitted by a regular officer.
(d)(1) An officer who is performing obligated service under an
agreement under subsection (a) may, if the amount that may be paid under
such subsection is higher than at the time the officer executed such
agreement, execute a new agreement under that subsection. The period of
such an agreement shall be a period 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 end of 26 years of commissioned service. If a new agreement is
executed under this subsection, the existing active-service agreement
shall be cancelled, effective on the day before an anniversary 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.
(e) The provisions of this section shall be effective only in the
case of officers who, on or before December 31, 2003, execute the
required written agreement to remain in active service.
(Added Pub. L. 91-20, Sec. 1(1), June 3, 1969, 83 Stat. 12; amended Pub.
L. 92-581, Sec. 1(1), (2), Oct. 27, 1972, 86 Stat. 1277; Pub. L. 94-356,
Sec. 2, July 12, 1976, 90 Stat. 901; Pub. L. 96-513, title V,
Sec. 516(8), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579, Sec. 2(a),
Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99-145, title VI, Sec. 632(a),
Nov. 8, 1985, 99 Stat. 643; Pub. L. 101-189, div. A, title VI,
Sec. 614(a), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 102-25, title VII,
Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103-337, div.
A, title VI, Sec. 613(g), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106,
div. A, title VI, Sec. 613(e), Feb. 10, 1996, 110 Stat. 360; Pub. L.
104-201, div. A, title VI, Sec. 613(d), Sept. 23, 1996, 110 Stat. 2544;
Pub. L. 105-85, div. A, title VI, Secs. 613(d), 624(a), Nov. 18, 1997,
111 Stat. 1786, 1793; Pub. L. 105-261, div. A, title VI, Sec. 613(d),
Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65, div. A, title VI,
Secs. 613(e), 624(a), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106-398,
Sec. 1 [[div. A], title VI, Sec. 623(c)], Oct. 30, 2000, 114 Stat. 1654,
1654A-152; Pub. L. 107-107, div. A, title VI, Sec. 613(a), Dec. 28,
2001, 115 Stat. 1136; Pub. L. 107-314, div. A, title VI, Sec. 613(a),
Dec. 2, 2002, 116 Stat. 2568.)
Amendments
2002--Subsec. (e). Pub. L. 107-314 substituted ``December 31, 2003''
for ``December 31, 2002''.
2001--Subsec. (e). Pub. L. 107-107 substituted ``December 31, 2002''
for ``December 31, 2001''.
2000--Subsec. (e). Pub. L. 106-398 substituted ``December 31, 2001''
for ``December 31, 2000''.
1999--Subsec. (a). Pub. L. 106-65, Sec. 624(a), substituted
``$25,000'' for ``$15,000'' in concluding provisions.
Subsec. (e). Pub. L. 106-65, Sec. 613(e), substituted ``December 31,
2000'' for ``December 31, 1999''.
1998--Subsec. (e). Pub. L. 105-261 substituted ``December 31, 1999''
for ``September 30, 1999''.
1997--Subsec. (a). Pub. L. 105-85, Sec. 624(a), substituted
``$15,000'' for ``$12,000'' in concluding provisions.
Subsec. (e). Pub. L. 105-85, Sec. 613(d), substituted ``September
30, 1999'' for ``September 30, 1998''.
1996--Subsec. (e). Pub. L. 104-201 substituted ``September 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 ``September 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 ``September 30,
1995'' for ``September 30, 1990''.
1985--Subsec. (a). Pub. L. 99-145, Sec. 632(a)(1)(D), in provisions
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 existing
period of obligated active service. The Secretary (or his designee) may
accept an active service agreement under this section not more than one
year in advance of the end of an officer's existing 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, 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 exceed $5,600 per year, commencing with the date of acceptance of the
agreement''.
Subsec. (a)(2) to (4). Pub. L. 99-145, Sec. 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, Sec. 632(a)(2), (3), redesignated
subsec. (c) as (b), struck out ``of four years'' after ``complete the
full period'', and struck out former subsec. (b) which provided that no
more than one agreement for each officer would be accepted under this
section.
Subsec. (c). Pub. L. 99-145, Sec. 632(a)(4), redesignated subsec.
(d) as (c), and substituted ``additional period of active service under
this section shall in no way obligate 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 obligate
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, Sec. 632(a)(5), added subsec. (d).
Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 99-145, Sec. 632(a)(6), substituted ``September
30, 1990'' for ``September 30, 1987''.
1980--Subsec. (a). Pub. L. 96-579, Sec. 2(a)(1), substituted
``$7,000'' and ``$5,600'' for ``$5,000'' and ``$4,000'', respectively.
Pub. L. 96-513 redesignated cls. (3) to (5) as (2) to (4),
respectively. Former cl. (2) was repealed by Pub. L. 92-581,
Sec. 1(2)(A), Oct. 27, 1972, 86 Stat. 1277.
Subsec. (e). Pub. L. 96-579, Sec. 2(a)(2), substituted ``September
30, 1987'' for ``September 30, 1981''.
1976--Subsec. (a). Pub. L. 94-356, Sec. 2(1), substituted ``$5,000''
for ``$3,750'' and ``$4,000'' for ``$3,000''.
Subsec. (e). Pub. L. 94-356, Sec. 2(2), substituted ``September 30,
1981'' for ``June 30, 1975''.
1972--Pub. L. 92-581, Sec. 1(1), struck out ``submarine'' in section
catchline.
Subsec. (a)(2). Pub. L. 92-581, Sec. 1(2)(A), struck out cl. (2)
which referred to officers of the naval service currently designated
``qualified in submarines''.
Subsec. (a)(5). Pub. L. 92-581, Sec. 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, Sec. 1(2)(C), substituted ``duty in
connection with supervision, operation, and maintenance of naval nuclear
propulsion plants'', for ``submarine service''.
Subsec. (d). Pub. L. 92-581, Sec. 1(2)(D), struck out ``submarine''.
Subsec. (e). Pub. L. 92-581, Sec. 1(2)(E), substituted ``1975'' for
``1973''.
Effective Date of 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 624(d)(1), Oct. 5, 1999, 113
Stat. 654, provided that: ``The amendments made by subsections (a) and
(b) [amending this section and section 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
Section 624(d) of Pub. L. 105-85 provided that:
``(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
Section 632(d) of Pub. L. 99-145 provided that: ``The amendments
made by this section [amending this section and sections 312b and 312c
of this title] shall take effect on October 1, 1985.''
Effective Date of 1980 Amendments
Section 2(d)(1) of Pub. L. 96-579 provided: ``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
Section 5 of Pub. L. 94-356 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.''
Active Service Agreements for Nuclear Qualified Officers
Pub. L. 97-60, title I, Sec. 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 before an anniversary of the day on which that agreement was
executed and execute a new active-service agreement 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
Section 4 of Pub. L. 94-356 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 prescribed 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 existed 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 obligated
service, to cancel that active service agreement in exchange for a
new active service agreement in accordance 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 active 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 service agreement''.
Section Referred to in Other Sections
This section is referred to in section 312c of this title.
