§ 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—

     (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.

     (b) Under regulations prescribed by the Secretary concerned, an officer of a ¹ uniformed service who—

¹ So in original. Probably should be "an".

     (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) 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) does not obligate the President to accept a resignation submitted by that officer.

     (2) Subject to paragraph (3), and obligation to reimburse the United States imposed under paragraph (1) 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) 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). 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; amended Pub. L. 99–145, title VI, § 637(a), Nov. 8, 1985, 99 Stat. 648; Pub. L. 100–26, § 8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117.)

     1991—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).

     1987—Subsec. (a). Pub. L. 100–26 inserted "the term" after "In this section,".

     1985—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."

     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".

     Section 637(b) of Pub. L. 99–145 provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985."