Us Code § 312b - Special pay: nuclear career accession bonus

§ 312b. Special pay: nuclear career accession bonus

(a)(1) Under regulations prescribed by the Secretary of the Navy, an individual who is selected for officer naval nuclear power training and who executes a written agreement to participate in a program of training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants may be paid a bonus not to exceed $30,000 upon acceptance by the Secretary of the written agreement. Upon acceptance of the agreement by the Secretary, the amounts payable upon selection for training and upon completion of training, respectively, as determined under subsection (b), shall become fixed.

(2) An officer who does not commence or complete satisfactorily the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.

(b) The Secretary of the Navy shall determine annually the total amount of the bonus to be paid under this section and of that amount the portions that are to be paid—

(1) upon selection for officer naval nuclear power training; and

(2) upon successful completion, as a commissioned officer, of training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.

(c) The provisions of this section shall be effective only in the case of officers who, on or before December 31, 2018, have been accepted for training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.

(Added Pub. L. 94–356, §3, July 12, 1976, 90 Stat. 901; amended Pub. L. 96–579, §2(b), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 97–60, title I, §119, Oct. 14, 1981, 95 Stat. 997; Pub. L. 99–145, title VI, §632(b), title XIII, §1303(b)(4), Nov. 8, 1985, 99 Stat. 644, 740; Pub. L. 101–189, div. A, title VI, §614(b), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 101–510, div. A, title XIII, §1322(c)(7), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, §613(h), Oct. 5, 1994, 108 Stat. 2784; Pub. L. 104–106, div. A, title VI, §613(f), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, §613(e), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§613(e), 624(b), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, §613(e), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§613(f), 624(b), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, §1 [[div. A], title VI, §623(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, §613(b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, §613(b), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §613(b), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, §613(b), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§623(b), 687(b)(22), Jan. 6, 2006, 119 Stat. 3295, 3331; Pub. L. 109–364, div. A, title VI, §§613(b), 619(a), Oct. 17, 2006, 120 Stat. 2248, 2252; Pub. L. 110–181, div. A, title VI, §613(b), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §613(b), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, §613(2), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, §613(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §613(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §613(2), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, §613(2), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §613(2), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, §613(2), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §613(2), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, §613(2), Dec. 12, 2017, 131 Stat. 1422.)

Editorial Notes

Amendments

2017—Subsec. (c). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (c). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (c). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (c). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (c). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (c). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (c). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (c). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006—Subsec. (a)(1). Pub. L. 109–364, §619(a), substituted "$30,000" for "$20,000".

Subsec. (a)(2). Pub. L. 109–163, §687(b)(22), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Under such regulations, and subject to such exceptions, as the Secretary of the Navy may prescribe, an individual who has entered into an agreement with the Secretary under this subsection, who has been paid a bonus under this subsection, and who fails to commence or satisfactorily complete the nuclear power training specified in the agreement shall be required to refund such bonus."

Subsec. (c). Pub. L. 109–364, §613(b), substituted "December 31, 2007" for "December 31, 2006".

Pub. L. 109–163, §623(b), substituted "December 31, 2006" for "December 31, 2005".

2004—Subsec. (c). Pub. L. 108–375 substituted "December 31, 2005" for "December 31, 2004".

2003—Subsec. (c). Pub. L. 108–136 substituted "December 31, 2004" for "December 31, 2003".

2002—Subsec. (c). Pub. L. 107–314 substituted "December 31, 2003" for "December 31, 2002".

2001—Subsec. (c). Pub. L. 107–107 substituted "December 31, 2002" for "December 31, 2001".

2000—Subsec. (c). Pub. L. 106–398 substituted "December 31, 2001" for "December 31, 2000".

1999—Subsec. (a)(1). Pub. L. 106–65, §624(b), substituted "$20,000" for "$10,000".

Subsec. (c). Pub. L. 106–65, §613(f), substituted "December 31, 2000" for "December 31, 1999".

1998—Subsec. (c). Pub. L. 105–261 substituted "December 31, 1999" for "September 30, 1999".

1997—Subsec. (a)(1). Pub. L. 105–85, §624(b), substituted "$10,000" for "$8,000".

Subsec. (c). Pub. L. 105–85, §613(e), substituted "September 30, 1999" for "September 30, 1998".

1996—Subsec. (c). 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. (c). Pub. L. 103–337 substituted "September 30, 1996" for "September 30, 1995".

1991—Subsec. (a)(1). Pub. L. 102–25 struck out "of this section" after "subsection (b)".

1990—Subsecs. (c), (d). Pub. L. 101–510 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report containing data to monitor the effectiveness of the bonus authorized by subsections (a) and (b) of this section."

1989—Subsec. (d). Pub. L. 101–189 substituted "September 30, 1995" for "September 30, 1990".

1985—Subsec. (a)(1). Pub. L. 99–145, §632(b)(1), substituted "not to exceed $8,000" for "of $3,000", and inserted provision that upon acceptance of the agreement by the Secretary, the amounts payable upon selection for training and upon completion of training, respectively, as determined under subsection (b) of this section, shall become fixed.

Subsec. (b). Pub. L. 99–145, §632(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who—

"(1) is entitled to basic pay;

"(2) has not completed five years of commissioned service; and

"(3) has, as a commissioned officer, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

may, upon successful completion of that training, in addition to all other compensation to which he is entitled, be paid a bonus in an amount not to exceed $3,000."

Subsec. (c). Pub. L. 99–145, §1303(b)(4), substituted "submit to the Committees on Armed Services of the Senate and House of Representatives an annual report" for "make an annual report to the House and Senate Armed Services Committees".

Subsec. (d). Pub. L. 99–145, §632(b)(3), substituted "September 30, 1990" for "September 30, 1987".

1981—Subsec. (a)(1). Pub. L. 97–60 substituted "naval nuclear propulsion plants" for "naval nuclear submarine propulsion plants".

1980—Subsec. (a). Pub. L. 96–579, §2(b)(1)(B), added subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 96–579, §2(b)(1)(A), redesignated former subsec. (a) as (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 96–579, §2(b)(1)(A), (2), redesignated former subsec. (b) as (c) and inserted reference to the bonus authorized by subsec. (b) of this section. Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 96–579, §2(b)(1)(A), (3), redesignated former subsec. (c) as (d) and substituted "September 30, 1987" for "September 30, 1981".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see 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 2006 Amendment

Pub. L. 109–364, div. A, title VI, §619(b), Oct. 17, 2006, 120 Stat. 2252, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 312b of title 37, United States Code, on or after that date."

Effective Date of 1999 Amendment

Amendment by section 624(b) of Pub. L. 106–65 effective Oct. 1, 1999, and applicable to agreements under this section or section 312 of this title entered into on or after that date, see section 624(d)(1) of Pub. L. 106–65, set out as a note under section 312 of this title.

Effective Date of 1997 Amendment

Amendment by section 624(b) of Pub. L. 105–85 effective Oct. 1, 1997, and applicable with respect to agreements accepted under subsec. (a) of this section on or after Oct. 1, 1997, see section 624(d) of Pub. L. 105–85, set out as a note under section 312 of this title.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–145 effective Oct. 1, 1985, see section 632(d) of Pub. L. 99–145, set out as a note under section 312 of this title.

Effective Date of 1980 Amendment

Pub. L. 96–579, §2(d)(2), Dec. 23, 1980, 94 Stat. 3360, provided: "The amendments made by subsection (b)(1) [amending this section] shall apply only with respect to agreements executed under section 312b(a) of title 37, United States Code, executed on or after the first day of the first month following the month in which this section is enacted [December 1980]."

Effective Date

Section effective Aug. 1, 1976, see section 5 of Pub. L. 94–356, set out as an Effective Date of 1976 Amendment note under section 312 of this title.

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.