37 U.S.C. § 301c — Incentive pay: submarine duty

Page 46 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301c ‘‘(2) An aviation officer referred to in paragraph (1) is an officer who, during the period beginning on October 1, 1989, and ending on the date of the enactment of this Act, would have qualified for an agreement under such section had the amendment made by subsection (a) taken effect on October 1, 1989. ‘‘(3) For purposes of this subsection, the term ‘Sec- retary concerned’ has the meaning given that term by section 101(5) of title 37, United States Code.’’ AVIATOR RETENTION BONUS Pub. L. 100–456, div. A, title VI, § 611, Sept. 29, 1988, 102 Stat. 1977, as amended by Pub. L. 101–189, div. A, title VI, § 632(b), Nov. 29, 1989, 103 Stat. 1453, provided that a covered aviation officer who, during the period begin- ning on Jan. 1, 1989, and ending on Sept. 30, 1989, exe- cuted a written agreement to remain on active duty in aviation service for at least one year could, upon the acceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section. SPECIAL PAY AS INDUCEMENT TO REMAIN ON ACTIVE DUTY; REPORT TO CONGRESS Pub. L. 98–94, title IX, § 904(b), Sept. 24, 1983, 97 Stat. 636, provided that: ‘‘(1) It is the sense of the Congress that eligibility for special pay for aviation career officers under section 301b of title 37, United States Code, should be made available only to officers who will likely be induced to remain on active duty in aviation service by receipt of the special pay. ‘‘(2) The Secretary of the Navy shall submit to the Congress not later than July 1, 1984, a written report, approved by the Secretary of Defense, on the payment of special pay for aviation career officers under section 301b of title 37, United States Code, since the date of the enactment of this Act [Sept. 24. 1983]. Such report shall include— ‘‘(A) a list of the specific aviation specialties by aircraft type determined to be critical for purposes of the payment of special pay under such section since the date of the enactment of this Act; ‘‘(B) the number of officers within each critical aviation specialty who received the special pay under such section since the date of the enactment of this Act by grade, years of prior active service, and amounts of special pay received under such section; ‘‘(C) an explanation and justification for the Sec- retary’s designation of an aviation specialty as ‘crit- ical’ and for the payment of special pay under section 301b of such title to officers who have more than eight years of prior active service and who are serv- ing in pay grade O–4 or above, if payment of such pay was made to such officers; and ‘‘(D) an evaluation of the progress made since the date of the enactment of this Act toward eliminating shortages of aviators in the aviation specialties des- ignated by the Secretary as critical.’’ § 301c. Incentive pay: submarine duty (a) ELIGIBILITY REQUIREMENTS.—(1) Subject to regulations prescribed by the President, a mem- ber 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 re- mains in the submarine service on a career basis, and (C) meets the requirements of para- graph (3), is entitled to continuous monthly sub- marine duty incentive pay in the amount pre- scribed 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 con- tinuous 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 reg- ular operational submarine duty (as defined in paragraph (5)) required by orders. (3) To be entitled to continuous monthly sub- marine duty incentive pay through 26 years of service (as computed under section 205 of this title, but excluding, in the case of an officer, pe- riods as an enlisted member before initial ap- pointment as an officer), a member must per- form 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, pe- riods as an enlisted member before initial ap- pointment 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 pre- scribed operational submarine duty require- ments during the prescribed periods of time, his entitlement to continuous monthly submarine duty incentive pay ceases. If entitlement to con- tinuous monthly submarine duty incentive pay ceases upon completion of 12 years of submarine service, entitlement to that pay may again com- mence 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 en- titlement 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 perform- ance of service as a member of a submarine operational command staff, if such member’s du- ties require serving on a submarine during un- derway 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 submers- ible (including an undersea exploration or research vehicle), while undergoing training preliminary to assignment to a nuclear-pow- ered submarine, while undergoing rehabilita- tion 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 com- mand staff whose duties require serving on a submarine during underway operations— (I) during one calendar month: 48 hours, except that hours served underway in ex- Page 47 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301c cess 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 cur- rent month; (II) during any two consecutive calendar months when the requirements of sub- clause (I) of this clause have not been met: 96 hours; or (III) during any three consecutive cal- endar 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 pre- scribed 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 sub- marine duty incentive pay, except that the max- imum monthly rate may not exceed $1,000. (c) EXCEPTIONS.—(1) An officer who fails of se- lection for assignment as an executive officer or commanding officer of a submarine or who de- clines 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 con- tinuous submarine duty incentive pay while serving ashore between submarine sea duty as- signments 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 NAVY RESERVE DUTY.—Under regulations prescribed by the President and to the extent provided for by ap- propriations, when a member of the Navy Re- serve who is entitled to compensation under sec- tion 206 of this title, performs, under orders, duty on a submarine during underway oper- ations, he is eligible for an increase in such com- pensation equal to one-thirtieth of the monthly incentive pay prescribed pursuant to subsection (b) for the performance of that duty by a mem- ber 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 reg- ular period of appropriate duty. (Added Pub. L. 96–579, § 3(d), Dec. 23, 1980, 94 Stat. 3360; amended Pub. L. 97–39, title VII, § 701(a), (b), Aug. 14, 1981, 95 Stat. 942; Pub. L. 97–60, title I, § 114, Oct. 14, 1981, 95 Stat. 995; Pub. L. 99–145, title VI, § 633(a), Nov. 8, 1985, 99 Stat. 646; Pub. L. 100–26, § 8(e)(4), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100–180, div. A, title VI, § 623(a), (b), Dec. 4, 1987, 101 Stat. 1101; Pub. L. 100–224, § 5(a)(2), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100–456, div. A, title XII, § 1233(l)(1), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–510, div. A, title XIII, § 1322(c)(1), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title XI, § 1111(d)(2), Dec. 5, 1991, 105 Stat. 1492; Pub. L. 107–107, div. A, title VI, § 617(a), (b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109–163, div. A, title V, § 515(d)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3236.) Editorial Notes AMENDMENTS 2006—Subsec. (d). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in heading and text. 2001—Subsec. (a). Pub. L. 107–107, § 617(b)(1), inserted heading and substituted ‘‘prescribed pursuant to sub- section (b)’’ for ‘‘set forth in subsection (b)’’ in pars. (1), (2), and (4). Subsec. (b). Pub. L. 107–107, § 617(a), inserted heading and amended text generally, substituting provisions re- lating to the Secretary’s discretion in prescribing sub- marine duty incentive pay rates for tables specifying those rates. Subsec. (c). Pub. L. 107–107, § 617(b)(2), inserted head- ing. Subsec. (d). Pub. L. 107–107, § 617(b)(3), inserted head- ing 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 en- titled 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 sub- marine duties, who were performing submarine com- mand staff duties, and who were not performing sub- marine duties at all.’’ 1988—Subsec. (a). Pub. L. 100–456 made clarifying amendment to directory language of Pub. L. 100–180, § 623(a). See 1987 Amendment note below. 1987—Subsec. (a)(1), (2). Pub. L. 100–180, § 623(a), as amended by Pub. L. 100–456, substituted ‘‘naval service’’ for ‘‘Navy’’. Subsec. (a)(5). Pub. L. 100–26 substituted ‘‘In this sec- tion:’’ 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, § 623(b). Page 48 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301d Pub. L. 100–180, § 623(b), amended tables generally so as to reflect an upward adjustment in monthly incen- tive pay rates for enlisted members, commissioned offi- cers, and warrant officers of all pay grades and years of service encompassed by tables. 1985—Subsec. (b). Pub. L. 99–145 amended table per- taining to commissioned officers generally, so as to re- flect 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, re- spectively. 1981—Subsec. (a)(1). Pub. L. 97–39, § 701(a), substituted provisions set forth as cls. (A) to (C) respecting condi- tions 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, § 701(a), substituted pro- visions relating to payment of submarine duty incen- tive pay for provisions relating to restrictions on pay- ment of submarine duty incentive pay. Subsec. (a)(3), (4). Pub. L. 97–60 inserted ‘‘, but ex- cluding, 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, § 701(b), inserted provisions relating to service as an operator or crew member of an operational submersible. Statutory Notes and Related Subsidiaries 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 in- cluded in enactment of Pub. L. 100–180, see section 1233(l)(5) of Pub. L. 100–456, set out as a note under sec- tion 4172 of Title 10, Armed Forces. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. A, title VI, § 623(c), Dec. 4, 1987, 101 Stat. 1103, 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 Pub. L. 99–145, title VI, § 633(b), Nov. 8, 1985, 99 Stat. 646, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on Octo- ber 1, 1985.’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–39, title VII, § 701(c), Aug. 14, 1981, 95 Stat. 942, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall take effect as of Jan- uary 1, 1981.’’ EFFECTIVE DATE Pub. L. 96–579, § 3(g), Dec. 23, 1980, 94 Stat. 3364, pro- vided: ‘‘The amendments made by this subsection [probably means section 3 of Pub. L. 96–579, which en- acted 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, § 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 en- actment 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].’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of authority under this section to Sec- retaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title. § 301d. Multiyear retention bonus: medical offi- cers of the armed forces (a) BONUS AUTHORIZED.—(1) A medical officer described in subsection (b) who executes a writ- ten agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department con- cerned, be paid a retention bonus as provided in this section. (2) The amount of a retention bonus under paragraph (1) may not exceed $75,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment. (b) ELIGIBLE OFFICERS.—This section applies to an officer of the armed forces who— (1) is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer; (2) is in a pay grade below pay grade O–7; (3) has at least eight years of creditable service (computed as described in section 302(g) of this title) or has completed any ac- tive-duty service commitment incurred for medical education and training; and (4) has completed initial residency training (or will complete such training before Sep- tember 30 of the fiscal year in which the offi- cer enters into an agreement under subsection (a)). (c) REPAYMENT.—An officer who does not com- plete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title. (Added Pub. L. 101–510, div. A, title VI, § 611(a)(1), Nov. 5, 1990, 104 Stat. 1576; amended Pub. L. 102–484, div. A, title X, § 1054(a)(2), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 107–314, div. A, title VI, § 615(a), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(2), Jan. 6, 2006, 119 Stat. 3327; Pub. L. 110–181, div. A, title VI, § 615(b), Jan. 28, 2008, 122 Stat. 150.)