An Act to amend title 37, United States Code, relating to special pay for nuclear qualified officers, and for other purposes.
PL 94-356 (H.R.10451), enacted 07/12/1976

PUBLIC LAW 94-356—JULY 12, 1976 
90 STAT. 901 
Public Law 94-356 
94th Congress 
An Act 
To amend title 37, United States Code, relating to special pay for nuclear 
qualified officers, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Nuclear Career Incentive Act of 1975". 
SEC. 2. Section 312 of title 37, United States Code, is amended— 
(1) by striking out "$3,750" and "$3,000" in subsection (a) and 
by inserting "$5,000" and "$4,000", respectively, in lieu thereof; 
and 
(2) by striking out the date that appears in subsection (e) and 
by inserting "September 30, 1981" in lieu thereof. 
SEC. 3. Chapter 5 of title 37, United States Code, is amended by 
insert'ng the following new sections after section 312a and by insert-
ing corresponding items for those new sections in the chapter analysis: 
"§312b. Special pay: nuclear career accession 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) 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. 
"(b) 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 subsection (a) 
of this section. 
"(c) The provisions of this section shall be effective only in the case 
of officers who, on or before September 30, 1981, have been accepted 
for training for duty in connection with the supervision, operation, 
and maintenance of naval nuclear propulsion plants. 
"§ 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 0-6; 
"(3) has completed his initial obligated active service as an 
officer, but has completed less than twenty-six years of commis-
sioned service; 
" (4) has, as a commissioned officer, successfully completed train-
ing 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 connec-
tion with the supervision, operation, and maintenance of naval 
nuclear propulsion plants; 
July 12. 1976 
[H.R. 10451] 
Nuclear Career 
Incentive Act of 
1975. 
37 u s e 301 note. 
Nuclear-qualified 
submarine 
officers, special 
pay. 
37 use 301 
et seq. 
37 u s e 312a. 
37 u s e 312b. 
Report to 
congressional 
committees. 
37 u s e 312c. 
90 STAT. 902 
PUBLIC LAW 94-356—JULY 12, 1976 
may, in addition to all other compensation to which he is entitled, be 
paid an annual bonus in an amount not to exceed $4,000 for each 
nuclear service year beginning after September 30, 1975, and ending 
Eligibility. 
before October 1, 1981. 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 active-
37 use 312. 
service agreement executed under section 312 of this title; or was 
entitled to receive aviation career incentive pay in accordance with 
37 use 301a. 
section 301a of this title: Provided, That— 
"(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 assign-
ment 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 main-
tenance 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 serv-
ice 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 
, : J > 
"(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. 
PUBLIC LAW 94-356—JULY 12, 1976 
90 STAT. 903 
" (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 0 - 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 connec-
tion 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 $2,400 for each 
nuclear service year beginning after September 30, 1975, and ending 
before October 1, 1981. In order to be eligible for an annual bonus for 
any nuclear service year in accordance with this subsection, an other-
wise 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 subsec-
tion 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 0 - 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 other-
wise 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 
House and Senate Armed Services Committees 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 the 
one-year period from October 1, 1975, through September 30, 1976, 
or any fiscal year beginning after September 30, 1976, and before 
October 1,1981.". 
SEC, 4. Notwithstanding any other provision of this Act or any 
other provision of law, and under regulations prescribed by the Secre-
tary of the Navy, an officer of the naval service who, on or after the 
effective date of this Act, 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 permiytted— 
(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 
37 use 312. 
37 use 301a. 
Report to 
congressional 
committees. 
"Nuclear service 
year." 
37 use 312 note 
r'P i 
90 STAT. 904 
PUBLIC LAW 94-356—JULY 12, 1976 
(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 
Ante, p. 901. 
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. 
Effective date. 
SEC. 5. This Act becomes effective on the first day of the first month 
37 use 312 note, after enactment, except that section 312c of title 37, United States 
Code, as added by this Act, is effective as of October 1,1975. 
Approved July 12, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-644 accompanying S. 2114 and No. 94-1039 (Coram, on 
Armed Services). 
SENATE REPORTS: No. 94-329 accompanying S. 2114 and No. 94-1008 (Coram, on 
Arraed Services). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): July 26, S. 2114, considered and passed Senate. 
Nov. 17, S. 2114 considered and passed House, amended. 
Vol. 122 (1976): May 10, considered and passed House. 
June 30, considered and passed Senate, in lieu of S. 2114.