§ 315. — Special pay: engineering and scientific career continuation pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC315]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 315. Special pay: engineering and scientific career
continuation pay
(a) In this section, the term ``engineering or scientific duty''
means service performed by an officer--
(1) that requires an engineering or science degree; and
(2) that requires a skill designated (under regulations
prescribed by the Secretary of Defense for the armed forces, by the
Secretary of Commerce for the National Oceanic and Atmospheric
Administration, or by the Secretary of Health and Human Services for
the Public Health Service) as critical and as a skill in which there
is a critical shortage of officers in the uniformed service
concerned.
(b) Under regulations prescribed by the Secretary concerned, an
officer of a \1\ uniformed service who--
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\1\ So in original. Probably should be ``an''.
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(1) is entitled to basic pay;
(2) is below the pay grade of O-7;
(3) holds a degree in engineering or science from an accredited
college or university;
(4) has been certified by the Secretary concerned as having the
technical qualifications for detail to engineering or scientific
duty;
(5) has completed at least three but less than nineteen years of
engineering or scientific duty as an officer; and
(6) executes a written agreement to remain on active duty for
detail to engineering or scientific duty for at least one year, but
not more than four years;
may, upon acceptance of the written agreement by the Secretary
concerned, be paid, in addition to all other compensation to which the
officer is entitled, an amount not to exceed $3,000 multiplied by the
number of years, or monthly fraction thereof, of obligated service to
which the officer agrees under the agreement. The total amount payable
may be paid in a lump sum or in equal periodic installments, as
determined by the Secretary concerned.
(c)(1) An officer who does not serve on active duty for the entire
period for which he has been paid under subsection (b) shall refund that
percentage of the payment that the unserved part of the period is of the
total period for which the payment was made. Nothing in this subsection
shall alter or modify the obligation of a regular officer to perform
active service at the pleasure of the President. Completion by a regular
officer of the total period of obligated service specified in an
agreement under subsection (b) does not obligate the President to accept
a resignation submitted by that officer.
(2) Subject to paragraph (3), and obligation to reimburse the United
States imposed under paragraph (1) is for all purposes a debt owed to
the United States.
(3) The Secretary concerned may waive, in whole or in part, a refund
required under paragraph (1) if the Secretary concerned determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this section
does not discharge the member signing such agreement from a debt arising
under such agreement or under paragraph (1). This paragraph applies to
any case commenced under title 11 after September 30, 1981.
(Added Pub. L. 97-60, title I, Sec. 120(a), Oct. 14, 1981, 95 Stat. 998;
amended Pub. L. 99-145, title VI, Sec. 637(a), Nov. 8, 1985, 99 Stat.
648; Pub. L. 100-26, Sec. 8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L.
102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat.
117.)
Amendments
1991--Subsec. (c). Pub. L. 102-25 struck out ``of this section''
after ``subsection (b)'' in two places in par. (1) and struck out ``of
this subsection'' after ``paragraph (1)'' in pars. (2) to (4) and after
``paragraph (3)'' in par. (2).
1987--Subsec. (a). Pub. L. 100-26 inserted ``the term'' after ``In
this section,''.
1985--Subsec. (a). Pub. L. 99-145, Sec. 637(a)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``In
this section, the term `engineering or scientific duty' means service
performed by an officer that requires an engineering or science degree
and that requires a skill designated under regulations prescribed by the
Secretary of Defense as critical and as a skill in which there is a
critical shortage of officers in the armed force concerned.''
Subsec. (b). Pub. L. 99-145, Sec. 637(a)(2), in provision preceding
par. (1), substituted ``prescribed by the Secretary concerned'' for
``prescribed by the Secretary of Defense'' and ``officer of a uniformed
service'' for ``officer of an armed force''.
Effective Date of 1985 Amendment
Section 637(b) of Pub. L. 99-145 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
October 1, 1985.''
