§ 315. Special pay: engineering and scientific career continuation pay

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.

1. 1981

   Uniformed Services Pay Act of 1981

   Pub. L. 97–60 title I § 120(a) · 95 Stat. 989

   Enacted · 37 U.S.C. § 315

   Added Pub. L. 97–60, title I, § 120(a), Oct. 14, 1981, 95 Stat. 998

   Source evidence

   Code source credit
   Added Pub. L. 97–60, title I, § 120(a), Oct. 14, 1981, 95 Stat. 998

   Enacted provision · exact public law section
   (a) Chapter 5 of title 37, United States Code, is amended by adding at the end thereof the following new section: “§ 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 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. “(b) Under regulations prescribed by the Secretary of Defense, an officer of an armed force who— “(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) of this section 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) of this section does not obligate the President to accept a resignation submitted by that officer. “(2) Subject to paragraph (3) of this subsection, an obligation to reimburse the United States imposed under paragraph (1) of this subsection 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) of this subsection 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) of this subsection. This paragraph applies to any case commenced under Effective date. title 11 after September 30, 1981.”.

2. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 637(a)(1) · 99 Stat. 583

   Amended · 37 U.S.C. § 315(a)

   Pub. L. 99–145, § 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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–145, § 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.”

   Enacted provision · exact public law section
   (1) Subsection (a) of section 315 of title 37, United States Code, is amended to read as follows: “(a) In this section, ‘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.”.

   Effective date note
   Pub. L. 99–145, title VI, § 637(b), Nov. 8, 1985, 99 Stat. 649, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985.”

3. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 637(a)(2) · 99 Stat. 583

   1. Substituted · 37 U.S.C. § 315(b)

      Pub. L. 99–145, § 637(a)(2), in provision preceding par. (1), substituted “prescribed by the Secretary concerned” for “prescribed by the Secretary of Defense”

   2. Substituted · 37 U.S.C. § 315(b)

      Pub. L. 99–145, § 637(a)(2), in provision preceding par. (1), substituted “officer of a uniformed service” for “officer of an armed force”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–145, § 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”.

   Enacted provision · exact public law section
   (2) The matter preceding clause (1) of section 315(b) of such title is 37 USC 315. amended to read as follows: “(b) Under regulations prescribed by the Secretary concerned, an officer of a uniformed service who—”.

   Effective date note
   Pub. L. 99–145, title VI, § 637(b), Nov. 8, 1985, 99 Stat. 649, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985.”

4. 1987

   Defense Technical Corrections Act of 1987

   Pub. L. 100–26 § 8(e)(6) · 101 Stat. 273

   Inserted · 37 U.S.C. § 315(a)

   Pub. L. 100–26 inserted “the term” after “In this section,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–26 inserted “the term” after “In this section,”.

   Enacted provision · exact public law section
   (6) Sections 315, 409(e), 411d(d), and 501(a) are amended by inserting “the term” after “In this section,”.

5. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

   1. Struck · 37 U.S.C. § 315(c)

      Pub. L. 102–25 struck out “of this section” after “subsection (b)” in two places in par. (1)

   2. Struck · 37 U.S.C. § 315(c)

      Pub. L. 102–25 struck out “of this subsection” after “paragraph (1)” in pars. (2) to (4) and after “paragraph (3)” in par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

6. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI § 687(b)(24) · 119 Stat. 3136

   1. Amended · 37 U.S.C. § 315(c)

      Pub. L. 109–163 amended subsec. (c) generally

   2. Substituted · 37 U.S.C. § 315(c)

      Pub. L. 109–163 substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer receives bonus but fails to complete agreed upon period of active duty

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–163 amended subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer receives bonus but fails to complete agreed upon period of active duty.

   Enacted provision · exact public law section
   (24) Engineering and scientific career continuation pay.— Subsection (c) of section 315 of such title is amended to read as follows: “(c) An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” .

9 of 9 references resolved to an enrolled provision