Title 37 — Pay and Allowances of the Uniformed Services
Chapter 5 — Special and Incentive Pays
§ 312. Special pay: nuclear-qualified officers extending period of active service
Statutory text
Special Pay Authorized; Eligibility.—
Under regulations to be prescribed by the Secretary of the Navy, the Secretary may pay special pay under subsection (b) to an officer of the naval service who—
is entitled to basic pay;
has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants; and
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 obligated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated active service.
Payment Amount; Payment Options.—
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.
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.
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 contract, commencing at the expiration of any existing period of obligated active service.
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 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, 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.
Repayment.—
An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title.
Relation to Service Obligation.—
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.
New Agreement.—
An officer who is performing 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. 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 maximum number of years of commissioned service authorized by subsection (a)(3). 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.
This subsection shall be carried out under regulations prescribed by the Secretary of the Navy.
Duration of Authority.—
The provisions of this section shall be effective only in the case of officers who, on or before , execute the required written agreement to remain in active service.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 91–20 § 1(1) · 83 Stat. 12
Enacted · 37 U.S.C. § 312
Added Pub. L. 91–20, § 1(1), June 3, 1969, 83 Stat. 12
Source evidence
Code source credit
Added Pub. L. 91–20, § 1(1), June 3, 1969, 83 Stat. 12Enacted provision · exact public law section
(1) by adding the following new section: “§ 312. Special pay: nuclear-qualified submarine 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) is currently designated ‘qualified in submarines’; “(3) has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants; “(4) has not completed ten years of commissioned service; and “(5) executes a written agreement to remain in active submarine service for one period of four years 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 $3,750 for each year of the active-service agreement. The Secretary of the Navy shall determine semiannually the necessity for continuance of the special pay and the rate of special pay per year for such active-service agreements accepted within each six-month period. Upon acceptance of the agreement by the Secretary or his designee, the total amount payable 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 $3,000 per year, commencing with the date of acceptance of the agreement. “(b) No more than one agreement for each officer shall be accepted Limitation. under this section. “(c) 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 four years of active submarine service which he agreed to serve. “(d) 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 four years’ active submarine 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. “(e) The provisions of this section shall be effective only in the case Expiration. of officers who, on or before June 30, 1973, execute the required written agreement to remain in active service.”Pub. L. 92–581 § 1(1) · 86 Stat. 1277
Struck · 37 U.S.C. § 312
Pub. L. 92–581, § 1(1), struck out “submarine” in section catchline
Source evidence
Code amendment note
Pub. L. 92–581, § 1(1), struck out “submarine” in section catchline.Enacted provision · exact public law section
(1) The catchline of section 312 and the corresponding item in the chapter analysis for that section are each amended by striking out “submarine”.Pub. L. 92–581 § 1(2)(A) · 86 Stat. 1277
Struck · 37 U.S.C. § 312(a)(2)
Pub. L. 92–581, § 1(2)(A), struck out cl. (2) which referred to officers of the naval service currently designated “qualified in submarines”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 92–581, § 1(2)(A), struck out cl. (2) which referred to officers of the naval service currently designated “qualified in submarines”.Enacted provision · exact public law section
(1) The catchline of section 312 and the corresponding item in the chapter analysis for that section are each amended by striking out “submarine”.Pub. L. 92–581 § 1(2)(B) · 86 Stat. 1277
Substituted · 37 U.S.C. § 312(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) The catchline of section 312 and the corresponding item in the chapter analysis for that section are each amended by striking out “submarine”.Pub. L. 92–581 § 1(2)(C) · 86 Stat. 1277
Substituted · 37 U.S.C. § 312(c)
Pub. L. 92–581, § 1(2)(C), substituted “duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants”, for “submarine service”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 92–581, § 1(2)(C), substituted “duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants”, for “submarine service”.Enacted provision · exact public law section
(1) The catchline of section 312 and the corresponding item in the chapter analysis for that section are each amended by striking out “submarine”.Pub. L. 92–581 § 1(2)(D) · 86 Stat. 1277
Struck · 37 U.S.C. § 312(d)
Pub. L. 92–581, § 1(2)(D), struck out “submarine”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 92–581, § 1(2)(D), struck out “submarine”.Enacted provision · exact public law section
(1) The catchline of section 312 and the corresponding item in the chapter analysis for that section are each amended by striking out “submarine”.Pub. L. 92–581 § 1(2)(E) · 86 Stat. 1277
Substituted · 37 U.S.C. § 312(e)
Pub. L. 92–581, § 1(2)(E), substituted “1975” for “1973”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 92–581, § 1(2)(E), substituted “1975” for “1973”.Enacted provision · exact public law section
(1) The catchline of section 312 and the corresponding item in the chapter analysis for that section are each amended by striking out “submarine”.Nuclear Career Incentive Act of 1975
Pub. L. 94–356 § 2(1) · 90 Stat. 901
Substituted · 37 U.S.C. § 312(a)
Pub. L. 94–356, § 2(1), substituted “$5,000” for “$3,750”
Substituted · 37 U.S.C. § 312(a)
Pub. L. 94–356, § 2(1), substituted “$4,000” for “$3,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–356, § 2(1), substituted “$5,000” for “$3,750” and “$4,000” for “$3,000”.Enacted provision · exact public law section
(1) by striking out “$3,750” and “$3,000” in subsection (a) and by inserting “$5,000” and “$4,000”, respectively, in lieu thereof; andNuclear Career Incentive Act of 1975
Pub. L. 94–356 § 2(2) · 90 Stat. 901
Substituted · 37 U.S.C. § 312(e)
Pub. L. 94–356, § 2(2), substituted “September 30, 1981” for “June 30, 1975”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 94–356, § 2(2), substituted “September 30, 1981” for “June 30, 1975”.Enacted provision · exact public law section
(2) by striking out the date that appears in subsection (e) and by inserting “September 30, 1981” in lieu thereof.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 516(8) · 94 Stat. 2835
Redesignated · 37 U.S.C. § 312(a)
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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(8) Section 312(a) is amended by redesignating clauses (3), (4), and (5) as clauses (2), (3), and (4), respectively.Pub. L. 96–579 § 2(a)(1) · 94 Stat. 3359
Substituted · 37 U.S.C. § 312(a)
Pub. L. 96–579, § 2(a)(1), substituted “$7,000” and “$5,600” for “$5,000” and “$4,000”, respectively
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–579, § 2(a)(1), substituted “$7,000” and “$5,600” for “$5,000” and “$4,000”, respectively.Enacted provision · exact public law section
(1) Subsection (a) of section 312 of title 37, United States Code, is amended by striking out “$5,000” and “$4,000” and inserting in lieu thereof “$7,000” and “$5,600”.Pub. L. 96–579 § 2(a)(2) · 94 Stat. 3359
Substituted · 37 U.S.C. § 312(e)
Pub. L. 96–579, § 2(a)(2), substituted “September 30, 1987” for “September 30, 1981”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–579, § 2(a)(2), substituted “September 30, 1987” for “September 30, 1981”.Enacted provision · exact public law section
(2) Subsection (e) of such section is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1987”.Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 632(a)(1)(D) · 99 Stat. 583
Substituted · 37 U.S.C. § 312(a)
Pub. L. 99–145, § 632(a)(1)(D), in provisions following numbered clauses, substituted “$12,000” for “$7,000”
Substituted · 37 U.S.C. § 312(a)
Pub. L. 99–145, § 632(a)(1)(D), in provisions following numbered clauses, substituted “annually” for “semiannually”
Substituted · 37 U.S.C. § 312(a)
Pub. L. 99–145, § 632(a)(1)(D), in provisions following numbered clauses, substituted “12-month period” for “six-month period”
Substituted · 37 U.S.C. § 312(a)
Pub. L. 99–145, § 632(a)(1)(D), in provisions following numbered clauses, substituted “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”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–145, § 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”.Enacted provision · exact public law section
(D) in the matter following such clause— (i) by striking out “$7,000” and inserting in lieu thereof “$12,000”; (ii) by striking out “semiannually” and “six-month period” in the second sentence and inserting in lieu thereof “annually” and “12-month period”, respectively; and (iii) by striking out “shall become fixed” and all that follows through the end of subsection (a) and inserting in lieu thereof “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.”.Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 632(a)(1)(A) · 99 Stat. 583
Inserted · 37 U.S.C. § 312(a)(2)(4)
Pub. L. 99–145, § 632(a)(1)(A)–(C), inserted “and” at end of cl. (2)
Redesignated · 37 U.S.C. § 312(a)(2)(4)
Pub. L. 99–145, § 632(a)(1)(A)–(C), redesignated cl. (4) as (3)
Substituted · 37 U.S.C. § 312(a)(2)(4)
Pub. L. 99–145, § 632(a)(1)(A)–(C), 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”
Struck · 37 U.S.C. § 312(a)(2)(4)
Pub. L. 99–145, § 632(a)(1)(A)–(C), struck out former cl. (3) which related to an officer of the naval service who had not completed ten years of commissioned service
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(A) by inserting “and” at the end of clause (2);Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 632(a)(2) · 99 Stat. 583
Redesignated · 37 U.S.C. § 312(b)
Pub. L. 99–145, § 632(a)(2), (3), redesignated subsec. (c) as (b)
Struck · 37 U.S.C. § 312(b)
Pub. L. 99–145, § 632(a)(2), (3), struck out “of four years” after “complete the full period”
Struck · 37 U.S.C. § 312(b)
Pub. L. 99–145, § 632(a)(2), (3), struck out former subsec. (b) which provided that no more than one agreement for each officer would be accepted under this section
Source evidence
Code amendment note
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 subsec. (b) which provided that no more than one agreement for each officer would be accepted under this section.Enacted provision · exact public law section
(2) Subsection (b) of such section is repealed.Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 632(a)(4) · 99 Stat. 583
Redesignated · 37 U.S.C. § 312(c)
Pub. L. 99–145, § 632(a)(4), redesignated subsec. (d) as (c)
Redesignated · 37 U.S.C. § 312(c)
Pub. L. 99–145, § 632(a)(4), 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)
Source evidence
Code amendment note
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 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).Enacted provision · exact public law section
(4) Subsection (d) of such section is redesignated as subsection (c) and is amended— (A) by striking out “four years’ ” in the second sentence; and (B) by striking out “at the end of the four-year period” in that sentence.Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 632(a)(5) · 99 Stat. 583
Redesignated · 37 U.S.C. § 312(d)
Pub. L. 99–145, § 632(a)(5), added subsec. (d). Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–145, § 632(a)(5), added subsec. (d). Former subsec. (d) redesignated (c).Enacted provision · exact public law section
(5) Such section is further amended by inserting after subsection (c) (as so redesignated) the following new subsection (d): “(d) (1) An officer who is performing obligated service under an agreement under subsection (a) of this section 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.”.Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 632(a)(6) · 99 Stat. 583
Substituted · 37 U.S.C. § 312(e)
Pub. L. 99–145, § 632(a)(6), substituted “September 30, 1990” for “September 30, 1987”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–145, § 632(a)(6), substituted “September 30, 1990” for “September 30, 1987”.Enacted provision · exact public law section
(6) Subsection (e) of such section is amended by striking out “September 30, 1987” and inserting in lieu thereof “September 30, 1990”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 div. A title VI § 614(a) · 103 Stat. 1352
Substituted · 37 U.S.C. § 312(e)
Pub. L. 101–189 substituted “September 30, 1995” for “September 30, 1990”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–189 substituted “September 30, 1995” for “September 30, 1990”.Enacted provision · exact public law section
(a) Special Pay foe Officers Extending Period of Active Duty.— Section 312(e) of title 37, United States Code, is amended by striking out “September 30, 1990” and inserting in lieu thereof “September 30, 1995”.Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991
Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75
Struck · 37 U.S.C. § 312(d)(1)
Pub. L. 102–25 struck out “of this section” after “subsection (a)”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.Enacted provision · exact public law section
(1) by striking out “of this section” each place it appears (other than as provided in subsection (c));National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 div. A title VI § 613(g) · 108 Stat. 2663
Substituted · 37 U.S.C. § 312(e)
Pub. L. 103–337 substituted “September 30, 1996” for “September 30, 1995”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–337 substituted “September 30, 1996” for “September 30, 1995”.Enacted provision · exact public law section
(g) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking out “September 30, 1995” and inserting in lieu thereof “September 30, 1996”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title VI § 613(e) · 110 Stat. 186
Substituted · 37 U.S.C. § 312(e)
Pub. L. 104–106 substituted “September 30, 1997” for “September 30, 1996”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–106 substituted “September 30, 1997” for “September 30, 1996”.Enacted provision · exact public law section
(e) Special Pay for Nuclear Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking out “September 30, 1996” and inserting in lieu thereof “September 30, 1997”.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 div. A title VI § 613(d) · 110 Stat. 2422
Substituted · 37 U.S.C. § 312(e)
Pub. L. 104–201 substituted “September 30, 1998” for “September 30, 1997”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–201 substituted “September 30, 1998” for “September 30, 1997”.Enacted provision · exact public law section
(d) Special Pay for Nuclear Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking out “5” and inserting in lieu thereof “September 30, 1998”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 624(a) · 111 Stat. 1629
Substituted · 37 U.S.C. § 312(a)
Pub. L. 105–85, § 624(a), substituted “$15,000” for “$12,000” in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–85, § 624(a), substituted “$15,000” for “$12,000” in concluding provisions.Enacted provision · exact public law section
(a) Special Pay for Officers Extending Period of Active Service.— Section 312(a) of title 37, United States Code, is amended by striking out “$12,000” and inserting in lieu thereof “$15,000”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 613(d) · 111 Stat. 1629
Substituted · 37 U.S.C. § 312(e)
Pub. L. 105–85, § 613(d), substituted “September 30, 1999” for “September 30, 1998”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–85, § 613(d), substituted “September 30, 1999” for “September 30, 1998”.Enacted provision · exact public law section
(d) Special Pay for Nuclear Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking out “September 30, 1998” and inserting in lieu thereof “September 30, 1999”.Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 div. A title VI § 613(d) · 112 Stat. 1920
Substituted · 37 U.S.C. § 312(e)
Pub. L. 105–261 substituted “December 31, 1999” for “September 30, 1999”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–261 substituted “December 31, 1999” for “September 30, 1999”.Enacted provision · exact public law section
(d) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking out “September 30, 1999” and inserting in lieu thereof “December 31, 1999”.Pub. L. 106–65 § 624(a) · 113 Stat. 512
Substituted · 37 U.S.C. § 312(a)
Pub. L. 106–65, § 624(a), substituted “$25,000” for “$15,000” in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–65, § 624(a), substituted “$25,000” for “$15,000” in concluding provisions.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(a) of title 37, United States Code, is amended by striking “$15,000” and inserting “$25,000”.Pub. L. 106–65 § 613(e) · 113 Stat. 512
Substituted · 37 U.S.C. § 312(e)
Pub. L. 106–65, § 613(e), substituted “December 31, 2000” for “December 31, 1999”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–65, § 613(e), substituted “December 31, 2000” for “December 31, 1999”.Enacted provision · exact public law section
(e) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 37 U.S.C. § 312(e)
Pub. L. 106–398 substituted “December 31, 2001” for “December 31, 2000”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–398 substituted “December 31, 2001” for “December 31, 2000”.Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 div. A title VI § 613(a) · 115 Stat. 1012
Substituted · 37 U.S.C. § 312(e)
Pub. L. 107–107 substituted “December 31, 2002” for “December 31, 2001”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 107–107 substituted “December 31, 2002” for “December 31, 2001”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of such title is amended by striking “December 31, 2001” and inserting “December 31, 2002”.Pub. L. 107–314 div. A title VI § 613(a) · 116 Stat. 2458
Substituted · 37 U.S.C. § 312(e)
Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking “December 31, 2002” and inserting “December 31, 2003”.National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 div. A title VI § 613(a) · 117 Stat. 1392
Substituted · 37 U.S.C. § 312(e)
Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking “December 31, 2003” and inserting “December 31, 2004”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title VI § 613(a) · 118 Stat. 1811
Substituted · 37 U.S.C. § 312(e)
Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking “December 31, 2004” and inserting “December 31, 2005”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 637 · 119 Stat. 3136
Substituted · 37 U.S.C. § 312(a)
Pub. L. 109–163, § 637, substituted “$30,000” for “$25,000” in concluding provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–163, § 637, substituted “$30,000” for “$25,000” in concluding provisions.Enacted provision · exact public law section
SEC. 637. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE DUTY. Section 312(a) of title 37, United States Code, is amended by striking “$25,000” and inserting “$30,000”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 687(b)(21) · 119 Stat. 3136
Amended · 37 U.S.C. § 312(b)
Pub. L. 109–163, § 687(b)(21), amended subsec. (b) generally. 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 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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–163, § 687(b)(21), amended subsec. (b) generally. 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 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.”Enacted provision · exact public law section
(21) Special pay for nuclear-qualified officers extending active duty.— Subsection (b) of section 312 of such title is amended to read as follows: “(b) An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (a) or subsection (d)(1), shall be subject to the repayment provisions of section 303a(e) of this title.” .National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 623(a) · 119 Stat. 3136
Substituted · 37 U.S.C. § 312(e)
Pub. L. 109–163, § 623(a), substituted “December 31, 2006” for “December 31, 2005”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–163, § 623(a), substituted “December 31, 2006” for “December 31, 2005”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking “December 31, 2005” and inserting “December 31, 2006”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(c)(1) · 120 Stat. 2083
Inserted · 37 U.S.C. § 312(a)
Pub. L. 109–364, § 618(c)(1), inserted heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–364, § 618(c)(1), inserted heading.Enacted provision · exact public law section
(1) in subsection (a), by inserting “Special Pay Authorized; Eligibility.—” after “(a)”;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(2)(C) · 120 Stat. 2083
Amended · 37 U.S.C. § 312(a)
Pub. L. 109–364, § 618(b)(2)(C), designated concluding provisions as subsec. (b)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–364, § 618(b)(2)(C), designated concluding provisions as subsec. (b).Enacted provision · exact public law section
(C) by striking “may, upon” and all that follows through “The Secretary of the Navy shall” and inserting the following: “(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” ;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(2)(A) · 120 Stat. 2083
Substituted · 37 U.S.C. § 312(a)
Pub. L. 109–364, § 618(b)(2)(A), substituted “the Secretary may pay special pay under subsection (b) to an officer” for “an officer” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–364, § 618(b)(2)(A), substituted “the Secretary may pay special pay under subsection (b) to an officer” for “an officer” in introductory provisions.Enacted provision · exact public law section
(A) by striking “an officer” in the matter before paragraph (1) and inserting “the Secretary may pay special pay under subsection (b) to an officer”;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(a) · 120 Stat. 2083
Substituted · 37 U.S.C. § 312(a)
Pub. L. 109–364, § 618(a), in concluding provisions, substituted “in a single lump-sum or in annual installments of equal or different amounts” for “in equal annual installments”
Substituted · 37 U.S.C. § 312(a)
Pub. L. 109–364, § 618(a), in concluding provisions, substituted “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” for “with the number of installments being equal to the number of years covered by the contract plus one”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–364, § 618(a), in concluding provisions, substituted “in a single lump-sum or in annual installments of equal or different amounts” for “in equal annual installments” and “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” for “with the number of installments being equal to the number of years covered by the contract plus one”.Enacted provision · exact public law section
(a) Lump Sum Payment Option.— Subsection (a) of section 312 of title 37, United States Code, is amended in the matter after paragraph (3)— (1) by striking “in equal annual installments” and inserting “in a single lump-sum or in annual installments of equal or different amounts”; and (2) by striking “with the number of installments being equal to the number of years covered by the contract plus one” and inserting “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”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(2)(B) · 120 Stat. 2083
Substituted · 37 U.S.C. § 312(a)(3)
Pub. L. 109–364, § 618(b)(2)(B), substituted period for comma at end
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 109–364, § 618(b)(2)(B), substituted period for comma at end.Enacted provision · exact public law section
(B) by striking the comma at the end of paragraph (3) and inserting a period;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(1) · 120 Stat. 2083
Amended · 37 U.S.C. § 312(b)
Pub. L. 109–364, § 618(b)(1), (2)(C)–(E), designated concluding provisions of subsec. (a) as (b)
Inserted · 37 U.S.C. § 312(b)
Pub. L. 109–364, § 618(b)(1), (2)(C)–(E), inserted heading
Redesignated · 37 U.S.C. § 312(b)
Pub. L. 109–364, § 618(b)(1), (2)(C)–(E), 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 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 $30,000 for each year of the active-service agreement.”, “(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 Secretary (or his designee)”. Former subsec. (b) redesignated (c)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–364, § 618(b)(1), (2)(C)–(E), designated concluding provisions of subsec. (a) as (b), inserted 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 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 $30,000 for each year of the active-service agreement.”, “(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 Secretary (or his designee)”. Former subsec. (b) redesignated (c).Enacted provision · exact public law section
(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(1) · 120 Stat. 2083
Redesignated · 37 U.S.C. § 312(c)
Pub. L. 109–364, § 618(b)(1), (3), (c)(2), redesignated subsec. (b) as (c)
Inserted · 37 U.S.C. § 312(c)
Pub. L. 109–364, § 618(b)(1), (3), (c)(2), inserted heading
Redesignated · 37 U.S.C. § 312(c)
Pub. L. 109–364, § 618(b)(1), (3), (c)(2), substituted “subsection (b) or (e)(1)” for “subsection (a) or subsection (d)(1)”. Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–364, § 618(b)(1), (3), (c)(2), redesignated subsec. (b) as (c), inserted heading, and substituted “subsection (b) or (e)(1)” for “subsection (a) or subsection (d)(1)”. Former subsec. (c) redesignated (d).Enacted provision · exact public law section
(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(1) · 120 Stat. 2083
Redesignated · 37 U.S.C. § 312(d)
Pub. L. 109–364, § 618(b)(1), (c)(3), redesignated subsec. (c) as (d)
Redesignated · 37 U.S.C. § 312(d)
Pub. L. 109–364, § 618(b)(1), (c)(3), inserted heading. Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 109–364, § 618(b)(1), (c)(3), redesignated subsec. (c) as (d) and inserted heading. Former subsec. (d) redesignated (e).Enacted provision · exact public law section
(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(1) · 120 Stat. 2083
Redesignated · 37 U.S.C. § 312(e)
Pub. L. 109–364, § 618(b)(1), (c)(4), redesignated subsec. (d) as (e)
Redesignated · 37 U.S.C. § 312(e)
Pub. L. 109–364, § 618(b)(1), (c)(4), inserted heading. Former subsec. (e) redesignated (f)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 109–364, § 618(b)(1), (c)(4), redesignated subsec. (d) as (e) and inserted heading. Former subsec. (e) redesignated (f).Enacted provision · exact public law section
(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 613(a) · 120 Stat. 2083
Substituted · 37 U.S.C. § 312(e)
Pub. L. 109–364, § 613(a), substituted “December 31, 2007” for “December 31, 2006”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–364, § 613(a), substituted “December 31, 2007” for “December 31, 2006”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking “December 31, 2006” and inserting “December 31, 2007”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(4) · 120 Stat. 2083
Substituted · 37 U.S.C. § 312(e)(1)
Pub. L. 109–364, § 618(b)(4), in first sentence, substituted “subsection (b)” for “such subsection”
Substituted · 37 U.S.C. § 312(e)(1)
Pub. L. 109–364, § 618(b)(4), in first sentence, substituted “this subsection” for “that subsection”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 109–364, § 618(b)(4), in first sentence, substituted “subsection (b)” for “such subsection” and “this subsection” for “that subsection”.Enacted provision · exact public law section
(4) in the first sentence of subsection (e)(1), as redesignated by paragraph (1)— (A) by striking “such subsection” and inserting “subsection (b)”; and (B) by striking “that subsection” and inserting “this subsection”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 618(b)(1) · 120 Stat. 2083
Redesignated · 37 U.S.C. § 312(f)
Pub. L. 109–364, § 618(b)(1), (c)(5), redesignated subsec. (e) as (f)
Inserted · 37 U.S.C. § 312(f)
Pub. L. 109–364, § 618(b)(1), (c)(5), inserted heading
Source evidence
Code amendment note
Subsec. (f). Pub. L. 109–364, § 618(b)(1), (c)(5), redesignated subsec. (e) as (f) and inserted heading.Enacted provision · exact public law section
(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 621(a)(1) · 122 Stat. 3
Substituted · 37 U.S.C. § 312(a)(3)
Pub. L. 110–181, § 621(a)(1), substituted “30 years” for “26 years”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–181, § 621(a)(1), substituted “30 years” for “26 years”.Enacted provision · exact public law section
(1) in subsection (a)(3), by striking “26 years” and inserting “30 years”; andEffective date note
Amendment by section 613(a) of Pub. L. 110–181 effective 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 Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 621(a)(2) · 122 Stat. 3
Substituted · 37 U.S.C. § 312(e)(1)
Pub. L. 110–181, § 621(a)(2), substituted “the maximum number of years of commissioned service authorized by subsection (a)(3)” for “the end of 26 years of commissioned service”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 110–181, § 621(a)(2), substituted “the maximum number of years of commissioned service authorized by subsection (a)(3)” for “the end of 26 years of commissioned service”.Enacted provision · exact public law section
(2) in subsection (e)(1), by striking “the end of 26 years of commissioned service” and inserting “the maximum number of years of commissioned service authorized by subsection (a)(3)”.Effective date note
Amendment by section 613(a) of Pub. L. 110–181 effective 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 Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 613(a) · 122 Stat. 3
Substituted · 37 U.S.C. § 312(f)
Pub. L. 110–181, § 613(a), substituted “December 31, 2008” for “December 31, 2007”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–181, § 613(a), substituted “December 31, 2008” for “December 31, 2007”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(f) of title 37, United States Code, is amended by striking “December 31, 2007” and inserting “December 31, 2008”.Effective date note
Amendment by section 613(a) of Pub. L. 110–181 effective 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 Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 617 · 122 Stat. 4356
Substituted · 37 U.S.C. § 312(a)(3)
Pub. L. 110–417, § 617, substituted “not less than three years” for “three, four, or five years”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 110–417, § 617, substituted “not less than three years” for “three, four, or five years”.Enacted provision · exact public law section
SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY AGREEMENTS FOR SERVICE. Section 312(a)(3) of title 37, United States Code, is amended by striking “three, four, or five years” and inserting “not less than three years”.Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 613(a) · 122 Stat. 4356
Substituted · 37 U.S.C. § 312(f)
Pub. L. 110–417, § 613(a), substituted “December 31, 2009” for “December 31, 2008”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 110–417, § 613(a), substituted “December 31, 2009” for “December 31, 2008”.Enacted provision · exact public law section
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(f) of title 37, United States Code, is amended by striking “December 31, 2008” and inserting “December 31, 2009”.National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title VI § 613(1) · 123 Stat. 2190
Substituted · 37 U.S.C. § 312(f)
Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 div. A title VI § 613(1) · 124 Stat. 4137
Substituted · 37 U.S.C. § 312(f)
Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title VI § 613(1) · 125 Stat. 1298
Substituted · 37 U.S.C. § 312(f)
Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 div. A title VI § 613(1) · 126 Stat. 1632
Substituted · 37 U.S.C. § 312(f)
Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. A title VI § 613(1) · 127 Stat. 672
Substituted · 37 U.S.C. § 312(f)
Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. A title VI § 613(1) · 128 Stat. 3292
Substituted · 37 U.S.C. § 312(f)
Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title VI § 613(1) · 129 Stat. 726
Substituted · 37 U.S.C. § 312(f)
Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title VI § 613(1) · 130 Stat. 2000
Substituted · 37 U.S.C. § 312(f)
Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title VI § 613(1) · 131 Stat. 1283
Substituted · 37 U.S.C. § 312(f)
Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.Enacted provision · exact public law section
(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
81 of 81 references resolved to an enrolled provision
Editorial Notes
Amendments1972–2017 · 25 rounds
2017
Subsec. (f). Pub. L. 115–91 substituted “” for “”.
2016
Subsec. (f). Pub. L. 114–328 substituted “” for “”.
2015
Subsec. (f). Pub. L. 114–92 substituted “” for “”.
2014
Subsec. (f). Pub. L. 113–291 substituted “” for “”.
2013
Subsec. (f). Pub. L. 113–66 substituted “” for “”.
Pub. L. 112–239 substituted “” for “”.
2011
Subsec. (f). Pub. L. 112–81 substituted “” for “”.
Pub. L. 111–383 substituted “” for “”.
2009
Subsec. (f). Pub. L. 111–84 substituted “” for “”.
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 service authorized by subsection (a)(3)” for “the end of 26 years of commissioned service”.
Subsec. (f). Pub. L. 110–417, § 613(a), substituted “” for “”.
Pub. L. 110–181, § 613(a), substituted “” for “”.
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 Secretary 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, substituted “in a single lump-sum or in annual installments of equal or different amounts” for “in equal annual installments” and “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” for “with the number of installments 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), substituted period for comma at end.
Subsec. (b). Pub. L. 109–364, § 618(b)(1), (2)(C)–(E), designated concluding provisions of subsec. (a) as (b), inserted 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 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 $30,000 for each year of the active-service agreement.”, “(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 Secretary (or his designee)”. Former subsec. (b) redesignated (c).
Pub. L. 109–163, § 687(b)(21), amended subsec. (b) generally. 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 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.”
Subsec. (c). Pub. L. 109–364, § 618(b)(1), (3), (c)(2), redesignated subsec. (b) as (c), inserted heading, and substituted “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), redesignated subsec. (c) as (d) and inserted heading. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 109–364, § 618(b)(1), (c)(4), redesignated subsec. (d) as (e) and inserted heading. Former subsec. (e) redesignated (f).
Pub. L. 109–364, § 613(a), substituted “” for “”.
Pub. L. 109–163, § 623(a), substituted “” for “”.
Subsec. (e)(1). Pub. L. 109–364, § 618(b)(4), in first sentence, substituted “subsection (b)” for “such subsection” and “this subsection” for “that subsection”.
Subsec. (f). Pub. L. 109–364, § 618(b)(1), (c)(5), redesignated subsec. (e) as (f) and inserted heading.
2004
Subsec. (e). Pub. L. 108–375 substituted “” for “”.
2003
Subsec. (e). Pub. L. 108–136 substituted “” for “”.
2002
Subsec. (e). Pub. L. 107–314 substituted “” for “”.
2001
Subsec. (e). Pub. L. 107–107 substituted “” for “”.
2000
Subsec. (e). Pub. L. 106–398 substituted “” for “”.
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 “” for “”.
1998
Subsec. (e). Pub. L. 105–261 substituted “” for “”.
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 “” for “”.
1996
Subsec. (e). Pub. L. 104–201 substituted “” for “”.
Pub. L. 104–106 substituted “” for “”.
1994
Subsec. (e). Pub. L. 103–337 substituted “” for “”.
1991
Subsec. (d)(1). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
1989
Subsec. (e). Pub. L. 101–189 substituted “” for “”.
1985
Subsec. (a). Pub. L. 99–145, § 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, § 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 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, § 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, § 632(a)(5), added subsec. (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 99–145, § 632(a)(6), substituted “” for “”.
1980
Subsec. (a). Pub. L. 96–579, § 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, § 1(2)(A), , 86 Stat. 1277.
Subsec. (e). Pub. L. 96–579, § 2(a)(2), substituted “” for “”.
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 “” for “”.
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 currently 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 maintenance of naval nuclear propulsion plants”, for “submarine service”.
Subsec. (d). Pub. L. 92–581, § 1(2)(D), struck out “submarine”.
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 effective as of , 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 Bonuses, 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), , 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 , 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), , 111 Stat. 1793, 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 .
“(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 .”
Effective Date of 1985 Amendment
Pub. L. 99–145, title VI, § 632(d), , 99 Stat. 646, provided that: “The amendments made by this section [amending this section and sections 312b and 312c of this title] shall take effect on .”
Effective Date of 1980 Amendments
Pub. L. 96–579, § 2(d)(1), , 94 Stat. 3360, 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 , 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, , 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 [], except that section 312c of title 37, United States Code, as added by this Act, is effective as of .”
Savings Provision
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , 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), , 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 enactment of this Act [] may revise the agreement 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, , 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 , 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 .”
Exchange of Active Service Agreements by Naval Officers
Pub. L. 94–356, § 4, , 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 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.”
Credits
1969–2017 · 32 acts
- 1969Added Pub. L. 91–20, § 1(1), , 83 Stat. 12
- 1972amended Pub. L. 92–581, § 1(1), (2), , 86 Stat. 1277
- 1976Pub. L. 94–356, § 2, , 90 Stat. 901
- 1980Pub. L. 96–513, title V, § 516(8), , 94 Stat. 2938
- 1980Pub. L. 96–579, § 2(a), , 94 Stat. 3359
- 1985Pub. L. 99–145, title VI, § 632(a), , 99 Stat. 643
- 1989Pub. L. 101–189, div. A, title VI, § 614(a), , 103 Stat. 1446
- 1991Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117
- 1994Pub. L. 103–337, div. A, title VI, § 613(g), , 108 Stat. 2783
- 1996Pub. L. 104–106, div. A, title VI, § 613(e), , 110 Stat. 360
- 1996Pub. L. 104–201, div. A, title VI, § 613(d), , 110 Stat. 2544
- 1997Pub. L. 105–85, div. A, title VI, §§ 613(d), 624(a), , 111 Stat. 1786, 1793
- 1998Pub. L. 105–261, div. A, title VI, § 613(d), , 112 Stat. 2039
- 1999Pub. L. 106–65, div. A, title VI, §§ 613(e), 624(a), , 113 Stat. 650, 654
- 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 623(c)], , 114 Stat. 1654, 1654A–152
- 2001Pub. L. 107–107, div. A, title VI, § 613(a), , 115 Stat. 1136
- 2002Pub. L. 107–314, div. A, title VI, § 613(a), , 116 Stat. 2568
- 2003Pub. L. 108–136, div. A, title VI, § 613(a), , 117 Stat. 1501
- 2004Pub. L. 108–375, div. A, title VI, § 613(a), , 118 Stat. 1947
- 2006Pub. L. 109–163, div. A, title VI, §§ 623(a), 637, 687(b)(21), , 119 Stat. 3294, 3301, 3331
- 2006Pub. L. 109–364, div. A, title VI, §§ 613(a), 618, , 120 Stat. 2248, 2251
- 2008Pub. L. 110–181, div. A, title VI, §§ 613(a), 621(a), , 122 Stat. 149, 151
- 2008Pub. L. 110–417, [div. A], title VI, §§ 613(a), 617, , 122 Stat. 4485, 4486
- 2009Pub. L. 111–84, div. A, title VI, § 613(1), , 123 Stat. 2353
- 2011Pub. L. 111–383, div. A, title VI, § 613(1), , 124 Stat. 4237
- 2011Pub. L. 112–81, div. A, title VI, § 613(1), , 125 Stat. 1450
- 2013Pub. L. 112–239, div. A, title VI, § 613(1), , 126 Stat. 1776
- 2013Pub. L. 113–66, div. A, title VI, § 613(1), , 127 Stat. 780
- 2014Pub. L. 113–291, div. A, title VI, § 613(1), , 128 Stat. 3400
- 2015Pub. L. 114–92, div. A, title VI, § 613(1), , 129 Stat. 838
- 2016Pub. L. 114–328, div. A, title VI, § 613(1), , 130 Stat. 2158
- 2017Pub. L. 115–91, div. A, title VI, § 613(1), , 131 Stat. 1422.
Show as published
(Added Pub. L. 91–20, § 1(1), , 83 Stat. 12; amended Pub. L. 92–581, § 1(1), (2), , 86 Stat. 1277; Pub. L. 94–356, § 2, , 90 Stat. 901; Pub. L. 96–513, title V, § 516(8), , 94 Stat. 2938; Pub. L. 96–579, § 2(a), , 94 Stat. 3359; Pub. L. 99–145, title VI, § 632(a), , 99 Stat. 643; Pub. L. 101–189, div. A, title VI, § 614(a), , 103 Stat. 1446; Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 613(g), , 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 613(e), , 110 Stat. 360; Pub. L. 104–201, div. A, title VI, § 613(d), , 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§ 613(d), 624(a), , 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, § 613(d), , 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(e), 624(a), , 113 Stat. 650, 654; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(c)], , 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 613(a), , 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, § 613(a), , 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 613(a), , 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 613(a), , 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 623(a), 637, 687(b)(21), , 119 Stat. 3294, 3301, 3331; Pub. L. 109–364, div. A, title VI, §§ 613(a), 618, , 120 Stat. 2248, 2251; Pub. L. 110–181, div. A, title VI, §§ 613(a), 621(a), , 122 Stat. 149, 151; Pub. L. 110–417, [div. A], title VI, §§ 613(a), 617, , 122 Stat. 4485, 4486; Pub. L. 111–84, div. A, title VI, § 613(1), , 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 613(1), , 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 613(1), , 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 613(1), , 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 613(1), , 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 613(1), , 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 613(1), , 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 613(1), , 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 613(1), , 131 Stat. 1422.)