service agreement under such section for one period of four years. Any such cancellation of an existing agreement and execution of a new agreement may be effective on the day before an anniversary date occurring on or after January 1, 1981."

EXCHANGE OF ACTIVE SERVICE AGREEMENTS BY NAVAL OFFICERS

Section 4 of Pub. L. 94-356 provided that: "Notwithstanding any other provision of this Act [enacting section 312b and 312c of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title] or any other provision of law, and under regulations prescribed by the Secretary of the Navy, an officer of the naval service who, on or after the effective date of this Act [see Effective Date of 1976 Amendment above], is, or will be, performing obligated service as the result of an active service agreement executed in accordance with section 312 of title 37, United States Code as it existed at any time before the effective date of this Act, may be permitted

"(1) as of the last day of the first year of that obligated service, to cancel that active service agreement in exchange for a new active service agreement in accordance with section 312 of title 37, as amended by this Act; or

"(2) as of the last day of any year, other than the last year, of that obligated service, to cancel that active service agreement in exchange for eligibility for the annual bonus authorized by section 312c of title 37, as added by this Act, and an agreement to remain on active duty for a period of time equal to the period of obligated service remaining under that active service agreement".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 312c of this title.

§ 312a. Special pay: nuclear-trained and qualified enlisted members

(a) Under regulations prescribed by the Secretary of Defense, an enlisted member of the naval service who

(1) is entitled to basic pay;

(2) is currently qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(3) has completed at least six, but not more than ten, years of active duty and executes, when eligible, a reenlistment agreement for not less than two years;

may upon acceptance of the reenlistment agreement by the Secretary of the Navy or his designee, be paid a bonus not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years or the monthly fractions thereof of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount.

(b) Bonus payments authorized under this section may be paid in either a lump sum or in installments.

(c) An amount paid to a member under subsection (a) of this section is in addition to all other compensation to which he is entitled and does not count against the limitation prescribed by section 308(a) of this title concerning the total amount of reenlistment bonus that may be paid.

(d) Under regulations prescribed by the Secretary of the Navy, refunds, on a pro rata basis, of sums paid under subsection (a) of this section may be required, and further payments terminated, if the member who has received the payment fails to complete his reenlistment contract or fails to maintain his technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants.

(e) Provisions of this section shall be effective only in the cases of members who, on or before June 30, 1975, execute the required written agreement to remain in active service.

(Added Pub. L. 92-581, § 1(3), Oct. 27, 1972, 86 Stat. 1277, and amended Pub. L. 97-295, § 3(3), Oct. 12, 1982, 96 Stat. 1303.)

HISTORICAL AND REVISION NOTES

1982 ACT

This amends 37:312a(c) to reflect the amendment made to 37:308 by section 2 of the Armed Forces Enlisted Personnel Bonus Revision Act of 1974 (Pub. L. 93-277, May 10, 1974, 88 Stat. 119).

AMENDMENTS

1982-Subsec. (c). Pub. L. 97-295 substituted "section 308(a)" for "section 308(c)", and struck out provision that a member receiving payment under this section is not entitled to any further payments under section 308(g) of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 308 of this title. § 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 of $3,000 upon acceptance by the Secretary of the written agreement.

(2) 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.

(b) 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 naval nuclear propulsion plants;

of

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.

(c) The Secretary of the Navy shall make an annual report to the House and Senate Armed Services Committees containing data to monitor the effectiveness of the bonus authorized by subsections (a) and (b) of this section.

(d) The provisions of this section shall be effective only in the case of officers who, on or before September 30, 1987, 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, and 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.)

AMENDMENTS

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 in subsec. (c) as so redesignated, 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 in subsec. (d) as so redesignated, substituted "September 30, 1987” for "September 30, 1981".

EFFECTIVE DATE OF 1980 AMENDMENT

Section 2(d)(2) of Pub. L. 96-579 provided: "The amendments made by subsection (b)(1) [enacting subsec. (a) of this section and redesignating former subsecs. (a) and (c) of this section as (b) to (d), respectively) 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 [Dec. 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.

§ 312c. Special pay: nuclear career annual incentive bonus

(a) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who

(1) is entitled to basic pay;

(2) is not above the pay grade O-6;

(3) has completed his initial obligated active service as an officer, but has completed less than twenty-six years of commissioned service;

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

(5) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

may, in addition to all other compensation to which he is entitled, be paid an annual bonus in

an amount not to exceed $6,000 for each nuclear service year ending before October 1, 1987. In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise qualified officer must have been on active duty on the last day of that nuclear service year. The amount of the annual bonus to which an officer would otherwise be entitled for a nuclear service year in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he was not on active duty; was not qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an activeservice agreement executed under section 312 of this title; or was entitled to receive aviation career incentive pay in accordance with section 301a of this title. However

(1) in the case of an officer with more than ten, but not more than eighteen, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year which, when added to the immediately preceding days in and before that nuclear service year, total more than three consecutive years in an assignment other than an assignment to duty on a naval vessel; duty with a nuclear ship operational command staff; duty directly involving the training of others leading to their qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or duty in connection with a nuclear propulsion examining board;

(2) in the case of an officer with more than eighteen, but not more than twenty-five, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year on which he was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants, except that in the case of an officer who, during that nuclear service year, completed his eighteenth year of commissioned service, the amount of that annual bonus shall not be reduced for any day before the end of that eighteenth year which would have been creditable for determining the amount of the annual bonus at the end of that nuclear service year for an officer with more than ten, but not more than eighteen, years of commissioned service; and

(3) in the case of an officer with more than twenty-five, but not more than twenty-six, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year on which he was not in an assignment with duties involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants, and for every day in that nuclear service year after the end of his twenty-fifth year of commissioned service.

(b) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who

(1) is entitled to basic pay;

(2) is not above the pay grade O-6;

(3) has, as an enlisted member, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(4) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $3,500 for each nuclear service year ending before October 1, 1987. In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise qualified officer must have been on active duty on the last day of that nuclear service year. The amount of the annual bonus to which an officer would otherwise be entitled in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an active service agreement executed under section 312 of this title; or was entitled to receive aviation career incentive pay in accordance with section 301a of this title.

(c) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who is not on active duty on the last day of a nuclear service year or who, on or before the last day of a nuclear service year, loses his technical qualifications or advances from the pay grade of O-6 to a higher pay grade may be paid a bonus in accordance with subsection (a) or (b) of this section on a pro rata basis, if otherwise qualified, unless termination of active duty or loss of technical qualifications was voluntary or was the result of his own misconduct.

(d) The Secretary of the Navy shall make an annual report to the Committees on Armed Services of the Senate and House of Representatives containing data to monitor the effectiveness of the bonuses authorized by subsections (a) and (b) of this section.

(e) For the purposes of this section, a “nuclear service year" is any fiscal year beginning before October 1, 1987.

(Added Pub. L. 94-356, § 3, July 12, 1976, 90 Stat. 901, and amended Pub. L. 96-513, title V, § 516(9), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579, § 2(c), Dec. 23, 1980, 94 Stat. 3359.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-579, § 2(c)(1), substituted "$6,000 for each nuclear service year ending before October 1, 1987" for "$4,000 for each nuclear service year beginning after September 30, 1975, and ending before October 1, 1981".

Pub. L. 96-513, § 516(9)(A), substituted "title. However" for "title: Provided, That".

Subsec. (b). Pub. L. 96-579, § 2(c)(2), substituted "$3,500 for each nuclear service year ending before Oc

tober 1, 1987" for "$2,400 for each nuclear service year beginning after September 30, 1975, and ending before October 1, 1981".

Subsec. (d). Pub. L. 96-513, § 516(9)(B), substituted "Committees on Armed Services of the Senate and House of Representatives" for "House and Senate Armed Service Committees".

Subsec. (e). Pub. L. 96-579, § 2(c)(3), substituted as definition for "nuclear service year" any fiscal year beginning before Oct. 1, 1987 for the one-year period from Oct. 1, 1975, through Sept. 30, 1976, or any fiscal year beginning after Sept. 30, 1976, and before Oct. 1, 1981.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 2(d)(3) of Pub. L. 96-579 provided: "The amendments made by subsection (c) [amending subsecs. (a), (b), and (e) of this section] shall become effective on the first day of the first month following the month in which this section is enacted [Dec. 1980]."

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces.

EFFECTIVE DATE

Section effective Oct. 1, 1975, see section 5 of Pub. L. 94-356, set out as an Effective Date of 1976 Amendment note under section 312 of this title.

[§ 313. Repealed. Pub. L. 96-513, title IV, § 414(a), Dec. 12, 1980, 94 Stat. 2906]

Section, added Pub. L. 93-274, § 1(4), May 6, 1974, 88 Stat. 95, and amended Pub. L. 94-273, § 43, Apr. 21, 1976, 90 Stat. 381; Pub. L. 96-107, title VIII, § 804(b), Nov. 9, 1979, 93 Stat. 812; Pub. L. 96-284, § 3(b)(1)–(5), June 28, 1980, 94 Stat. 590, 591, related to special pay for medical officers of the Public Health Service who execute active duty agreements.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1981 Amendment note under section 101 of Title 10, Armed Forces.

§ 314. Special pay: qualified enlisted members extending duty at designated locations overseas

(a) Under regulations prescribed by the Secretary concerned, an enlisted member of an armed force who

(1) is entitled to basic pay;

(2) has a specialty that is designated by the Secretary concerned for the purposes of this section;

(3) has completed a tour of duty (as defined in accordance with regulations prescribed by the Secretary concerned) at a location outside the 48 contiguous States and the District of Columbia that is designated by the Secretary concerned for the purposes of this section; and

(4) at the end of that tour of duty executes an agreement to extend that tour for a period of not less than one year;

is entitled, upon acceptance of the agreement providing for such extension by the Secretary concerned, to special pay for duty performed during the period of the extension at a rate of not more than $50 per month, as prescribed by the Secretary concerned.

(b) A member who elects to receive rest and recuperative absence or transportation at Government expense, or any combination thereof, under section 705 of title 10 is not entitled to the special pay authorized by this section for the period of extension of duty for which the rest and recuperative absence or transportation is authorized.

(Added Pub. L. 96–579, § 5(a)(1), Dec. 23, 1980, 94 Stat. 3366.)

EFFECTIVE DATE

Section 5(c)(1) of Pub. L. 96-579 provided: "Section 314 of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month following the month in which this section is enacted [Dec. 1980] and shall apply to periods of extended duty overseas beginning before, on, or after such date, but no payment may be made under such section for any month before the first day of the first month following the month in which this section is enacted."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 705.

§ 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.

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, and 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 title 11 after September 30, 1981.

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

Sec.

CHAPTER 7—ALLOWANCES

Travel and transportation allowances: temporary lodging expenses.

405.

(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

405a.

406.

406a.

406b.

Travel and transportation allowances: per diem while on duty outside the United States or in Hawaii or Alaska.1

Travel and transportation allowances: evacuation allowances.

Travel and transportation allowances: dependents; baggage and household effects. Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating away from home port.

Sec. 411a.

411b.

411c.

411d.

411e.

412.

413.

414.

415.

416.

417.

418.

419.

420.

421.

422.

423.

424.

425.

[426.

427.

428. 429.

Travel and transportation allowances: travel performed in connection with convalescent leave.

Travel and transportation allowances: travel performed in connection with certain leave.

Travel and transportation allowances: travel performed in connection with leave from certain stations in foreign countries. Travel and transportation allowances: transportation incident to certain emergencies for members stationed abroad. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty. Appropriations for travel: may not be used for attendance at certain meetings. Chairman of the Joint Chiefs of Staff. Personal money allowance.

Uniform allowance: officers; initial allowance.

Uniform allowance: officers; additional allowances.

Uniform allowance: officers; general provisions.

Clothing allowance: enlisted members. Allowances while participating in international sports.

Allowances: no increase while dependent is entitled to basic pay.

1981-Pub. L. 97-60, title I, §§ 122(a)(2), 126(b), Oct. 14, 1981, 95 Stat. 1003, 1005, added items 4048, 411c, 411d, and 411e.

Pub. L. 97-22, § 11(b)(3)(B), July 10, 1981, 95 Stat. 138, substituted "uniformed services" for "Uniformed Services" in item 406b.

1980-Pub. L. 96-343, § 4(a)(3), Sept. 8, 1980, 94 Stat. 1125, substituted "for quarters; variable housing allowance" for "for quarters" in item 403.

Pub. L. 96-342, title VIII, § 808(a)(2), Sept. 8, 1980, 94 Stat. 1097, substituted "house trailers and mobile homes" for "trailers" in item 409.

1978-Pub. L. 95-561, title XIV, § 1407(c)(1)(B), Nov. 1, 1978, 92 Stat. 2367, added item 429.

1973-Pub. L. 93-213, § 1(2), Dec. 28, 1973, 87 Stat. 910, added item 411b.

Pub. L. 93-170, § 1(2), Nov. 29, 1973, 87 Stat. 689, substituted "overhauling or inactivating" for "overhauling" in item 406b.

1971-Pub. L. 92-129, title II, § 205(b), Sept. 28, 1971, 85 Stat. 359, added item 428.

1970-Pub. L. 91-210, § 1(2), Mar. 13, 1970, 84 Stat. 53, added item 406b.

1968-Pub. L. 90-377, § 9, July 5, 1968, 82 Stat. 288, struck out item 426: "Prisoners in naval confinement facilities".

1967-Pub. L. 90-207, § 9(2), Dec. 16, 1967, 81 Stat. 655. inserted item 411a.

'So in original. Does not conform to section catchline.

1965-Pub. L. 89-26, § 1(2), May 22, 1965, 79 Stat. 117, inserted item 405a.

1964-Pub. L. 88-647, title II, § 202(6), Oct. 13, 1964, 78 Stat. 1071, substituted "Cadets and midshipmen" for "Cadets, midshipmen, and naval officer candidates" in item 422.

1963-Pub. L. 88-238, § 1(2), Dec. 23, 1963, 77 Stat. 476, inserted item 406a.

Pub. L. 88-132, § 11(2), Oct. 2, 1963, 77 Stat. 217, added item 427.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 907 of this title.

§ 401. Definitions

In this chapter, "dependent", with respect to a member of a uniformed service, means— (1) his spouse;

(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member) who either

(A) is under 21 years of age; or

(B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and

(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over onehalf of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless

(A) the member has provided over onehalf of his support for the period prescribed by the Secretary concerned; or

(B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support.

For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparent's divorce from the parent by blood.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 469; Pub. L. 93-64, title I, § 103, 104, July 9, 1973, 87 Stat. 148.)