§ 301c. — Incentive pay: submarine duty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC301c]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 301c. Incentive pay: submarine duty
(a) Eligibility Requirements.--(1) Subject to regulations prescribed
by the President, a member of the naval service who is entitled to basic
pay, and (A) holds (or is in training leading to) a submarine duty
designator, (B) is in and remains in the submarine service on a career
basis, and (C) meets the requirements of paragraph (3), is entitled to
continuous monthly submarine duty incentive pay in the amount prescribed
pursuant to subsection (b).
(2) Subject to regulations prescribed by the President, a member of
the naval service who is entitled to basic pay but is not entitled to
continuous monthly submarine duty incentive pay under paragraph (1) is
entitled to submarine duty incentive pay in the amount prescribed
pursuant to subsection (b) for any period during which such member
performs frequent and regular operational submarine duty (as defined in
paragraph (5)) required by orders.
(3) To be entitled to continuous monthly submarine duty incentive
pay through 26 years of service (as computed under section 205 of this
title, but excluding, in the case of an officer, periods as an enlisted
member before initial appointment as an officer), a member must perform
operational submarine duties for at least 6 of the first 12, and at
least 10 of the first 18, years of his submarine service. However, if a
member performs the prescribed operational submarine duties for at least
8 but less than 10 of the first 18 years of his submarine service, he is
entitled to continuous monthly submarine duty incentive pay for the
first 22 years of his service (as computed under section 205 of this
title, but excluding, in the case of an officer, periods as an enlisted
member before initial appointment as an officer).
(4) If upon completion of either 12 or 18 years of submarine service
it is determined that a member has failed to perform the minimum
prescribed operational submarine duty requirements during the prescribed
periods of time, his entitlement to continuous monthly submarine duty
incentive pay ceases. If entitlement to continuous monthly submarine
duty incentive pay ceases upon completion of 12 years of submarine
service, entitlement to that pay may again commence upon completion of
18 years of submarine service if the minimum operational submarine duty
requirements have been met, and such pay shall continue for the period
of time prescribed in accordance with this section. However, if
entitlement to continuous monthly submarine duty incentive pay ceases in
the case of any member at the completion of either 12 or 18 years of
submarine service or 26 years of service (as computed under section 205
of this title, but excluding, in the case of an officer, periods as an
enlisted member before initial appointment as an officer), such member
shall be entitled to that pay in the amount prescribed pursuant to
subsection (b) for the performance of subsequent operational submarine
duty, or for the performance of service as a member of a submarine
operational command staff, if such member's duties require serving on a
submarine during underway operations.
(5) In this section:
(A) The term ``operational submarine duty'' means duty--
(i) while attached under competent orders to a submarine,
while serving as an operator or crew member of an operational
submersible (including an undersea exploration or research
vehicle), while undergoing training preliminary to assignment to
a nuclear-powered submarine, while undergoing rehabilitation
after assignment to a nuclear-powered submarine, or, in the case
of a member qualified in submarines, while attached as a member
of a submarine operational command staff whose duties require
serving on a submarine during underway operations--
(I) during one calendar month: 48 hours, except that
hours served underway in excess of 48 as a member of a
submarine operational command staff during any of the
immediately preceding five calendar months and not already
used to qualify for incentive pay may be applied to satisfy
the underway time requirements for the current month;
(II) during any two consecutive calendar months when the
requirements of subclause (I) of this clause have not been
met: 96 hours; or
(III) during any three consecutive calendar months when
the requirements of subclause (II) of this clause have not
been met: 144 hours;
(ii) while receiving instruction to prepare for assignment
to a submarine of advanced design, or
(iii) while receiving instruction to prepare for a position
of increased responsibility on a submarine.
(B) The term ``submarine service'' means the service performed,
under regulations prescribed by the Secretary of the Navy, by a
member, and the years of submarine service are computed beginning
with the effective date of the initial order to perform submarine
service.
(b) Monthly Rates.--The Secretary of the Navy shall prescribe the
monthly rates of submarine duty incentive pay, except that the maximum
monthly rate may not exceed $1,000.
(c) Exceptions.--(1) An officer who fails of selection for
assignment as an executive officer or commanding officer of a submarine
or who declines to serve in either such position may not be paid
submarine duty incentive pay except for periods during which the officer
is serving on a submarine during underway operations.
(2) An enlisted member may not be paid continuous submarine duty
incentive pay while serving ashore between submarine sea duty
assignments unless the member has a sufficient period of enlistment
(including any extension of an enlistment) remaining to be reassigned to
submarine sea duty.
(d) Applicability to Certain Naval Reserve Duty.--Under regulations
prescribed by the President and to the extent provided for by
appropriations, when a member of the Naval Reserve who is entitled to
compensation under section 206 of this title, performs, under orders,
duty on a submarine during underway operations, he is eligible for an
increase in such compensation equal to one-thirtieth of the monthly
incentive pay prescribed pursuant to subsection (b) for the performance
of that duty by a member of a corresponding grade and years of service
who is entitled to basic pay. Such a member is eligible for the increase
for each day served, for as long as he is qualified for it, during each
regular period of appropriate duty.
(Added Pub. L. 96-579, Sec. 3(d), Dec. 23, 1980, 94 Stat. 3360; amended
Pub. L. 97-39, title VII, Sec. 701(a), (b), Aug. 14, 1981, 95 Stat. 942;
Pub. L. 97-60, title I, Sec. 114, Oct. 14, 1981, 95 Stat. 995; Pub. L.
99-145, title VI, Sec. 633(a), Nov. 8, 1985, 99 Stat. 646; Pub. L. 100-
26, Sec. 8(e)(4), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100-180, div. A,
title VI, Sec. 623(a), (b), Dec. 4, 1987, 101 Stat. 1101; Pub. L. 100-
224, Sec. 5(a)(2), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100-456, div.
A, title XII, Sec. 1233(l)(1), Sept. 29, 1988, 102 Stat. 2058; Pub. L.
101-510, div. A, title XIII, Sec. 1322(c)(1), Nov. 5, 1990, 104 Stat.
1672; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991,
105 Stat. 117; Pub. L. 102-190, div. A, title XI, Sec. 1111(d)(2), Dec.
5, 1991, 105 Stat. 1492; Pub. L. 107-107, div. A, title VI, Sec. 617(a),
(b), Dec. 28, 2001, 115 Stat. 1137.)
Amendments
2001--Subsec. (a). Pub. L. 107-107, Sec. 617(b)(1), inserted heading
and substituted ``prescribed pursuant to subsection (b)'' for ``set
forth in subsection (b)'' in pars. (1), (2), and (4).
Subsec. (b). Pub. L. 107-107, Sec. 617(a), inserted heading and
amended text generally, substituting provisions relating to the
Secretary's discretion in prescribing submarine duty incentive pay rates
for tables specifying those rates.
Subsec. (c). Pub. L. 107-107, Sec. 617(b)(2), inserted heading.
Subsec. (d). Pub. L. 107-107, Sec. 617(b)(3), inserted heading and
substituted ``prescribed pursuant to subsection (b)'' for ``authorized
by subsection (b)''.
1991--Pub. L. 102-25 struck out ``of this section'' and ``of this
subsection'' wherever appearing in subsecs. (a) and (d).
Subsec. (b). Pub. L. 102-190, in table pertaining to warrant
officers, added provisions relating to pay grade W-5 in two places.
1990--Subsec. (e). Pub. L. 101-510 struck out subsec. (e) which read
as follows: ``The Secretary of Defense shall report to the Congress
before January 1 each year--
``(1) the number of enlisted members and officers, by pay grade,
who, during the preceding fiscal year, had at least 12 but less than
18 years of submarine service and who were entitled to continuous
monthly submarine duty incentive pay under subsection (a) of this
section; and
``(2) the number of enlisted members and officers, by pay grade,
who, during such fiscal year, had at least 18 years of submarine
service and who were entitled to such incentive pay.
The Secretary shall include in each such report the number of enlisted
members and the number of officers in each category referred to in the
first sentence of this subsection, the number of such officers who,
during the fiscal year concerned, were performing operational submarine
duties, who were performing submarine command staff duties, and who were
not performing submarine duties at all.''
1988--Subsec. (a). Pub. L. 100-456 made clarifying amendment to
directory language of Pub. L. 100-180, Sec. 623(a). See 1987 Amendment
note below.
1987--Subsec. (a)(1), (2). Pub. L. 100-180, Sec. 623(a), as amended
by Pub. L. 100-456, substituted ``naval service'' for ``Navy''.
Subsec. (a)(5). Pub. L. 100-26 substituted ``In this section:'' for
``For the purposes of this section, the term--'', inserted ``The term''
at beginning of subpars. (A) and (B), and substituted ``operational''
for ``Operational'' and ``submarine'' for ``Submarine'' in subpars. (A)
and (B), respectively.
Subsec. (b). Pub. L. 100-224 struck out, preceding table for
enlisted members, ``(b) The monthly rates for special pay under
subsection (a) are as follows:'' which had inadvertently been inserted
as a second subsec. (b) by Pub. L. 100-180, Sec. 623(b).
Pub. L. 100-180, Sec. 623(b), amended tables generally so as to
reflect an upward adjustment in monthly incentive pay rates for enlisted
members, commissioned officers, and warrant officers of all pay grades
and years of service encompassed by tables.
1985--Subsec. (b). Pub. L. 99-145 amended table pertaining to
commissioned officers generally, so as to reflect an upward adjustment
in monthly incentive pay rates for persons in pay grades O-6 through O-3
having over 18, over 20, over 22, and over 26 years of service,
respectively.
1981--Subsec. (a)(1). Pub. L. 97-39, Sec. 701(a), substituted
provisions set forth as cls. (A) to (C) respecting conditions for
continuous monthly submarine duty incentive pay for provisions relating
to payment of incentive pay for the frequent and regular performance of
operational submarine duty required by orders.
Subsec. (a)(2). Pub. L. 97-39, Sec. 701(a), substituted provisions
relating to payment of submarine duty incentive pay for provisions
relating to restrictions on payment of submarine duty incentive pay.
Subsec. (a)(3), (4). Pub. L. 97-60 inserted ``, but excluding, in
the case of an officer, periods as an enlisted member before initial
appointment as an officer'' after ``(as computed under section 205 of
this title'' in three places.
Subsec. (a)(5)(A)(i). Pub. L. 97-39, Sec. 701(b), inserted
provisions relating to service as an operator or crew member of an
operational submersible.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of Title
10, Armed Forces.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-456 applicable as if included in enactment
of Pub. L. 100-180, see section 1233(l)(5) of Pub. L. 100-456, set out
as a note under section 2366 of Title 10, Armed Forces.
Effective Date of 1987 Amendment
Section 623(c) of Pub. L. 100-180 provided that:
``(1) Subject to paragraph (2), the amendments made by this section
[amending this section] shall take effect on the first day of the first
month beginning after the date of the enactment of this Act [Dec. 4,
1987] and shall apply only with respect to duty performed on or after
that date.
``(2) The amendments made by this section shall take effect only if
legislation as described in section 3(c) is enacted [section 3(c) of
Pub. L. 100-180, which is not classified to the Code].''
Effective Date of 1985 Amendment
Section 633(b) of Pub. L. 99-145 provided that: ``The amendment made
by this section [amending this section] shall take effect on October 1,
1985.''
Effective Date of 1981 Amendment
Section 701(c) of Pub. L. 97-39 provided that: ``The amendments made
by this section [amending this section] shall take effect as of January
1, 1981.''
Effective Date
Section 3(g) of Pub. L. 96-579 provided: ``The amendments made by
this subsection [probably means section 3 of Pub. L. 96-579, which
enacted this section and amended sections 301 and 308 of this title]
shall become effective on the first day of the first month following the
month in which this Act is enacted [December, 1980].''
Transition Provisions
Pub. L. 107-107, div. A, title VI, Sec. 617(c), Dec. 28, 2001, 115
Stat. 1137, provided that: ``The tables set forth in subsection (b) of
section 301c of title 37, United States Code, as in effect on the day
before the date of the enactment of this Act [Dec. 28, 2001], shall
continue to apply until the later of the following:
``(1) January 1, 2002.
``(2) The date on which the Secretary of the Navy prescribes new
submarine duty incentive pay rates as authorized by the amendment
made by subsection (a) [amending this section].''
Section Referred to in Other Sections
This section is referred to in section 308 of this title.
