§ 301c. Incentive pay: submarine duty

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–579 § 3(d) · 94 Stat. 3359

   Enacted · 37 U.S.C. § 301c

   Added Pub. L. 96–579, § 3(d), Dec. 23, 1980, 94 Stat. 3360

   Source evidence

   Code source credit
   Added Pub. L. 96–579, § 3(d), Dec. 23, 1980, 94 Stat. 3360

   Enacted provision · exact public law section
   (d) Title 37, United States Code, is amended by inserting after section 301b the following new section: § 301c. Incentive pay: submarine duty “(a) (1) Subject to regulations prescribed by the President, a member of the Navy who is entitled to basic pay is also entitled to submarine duty incentive pay in the amount set forth in subsection (b) of this section for the frequent and regular performance of operational submarine duty required by orders. “(2) Submarine duty incentive pay shall be restricted to members who hold or are in training leading to a submarine duty designator and who are in and remain in the submarine service on a career basis. “(3) To be entitled to continuous monthly submarine duty incentive pay through 26 years of service (as computed under section 205 of this 37 USC 205. title), 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). “(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), such member shall be entitled to that pay in the amount set forth in subsection (b) of this section 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) For the purposes of this section, the term— Definitions. “(A) ‘Operational submarine duty’ means duty— “(i) while attached under competent orders to a submarine, 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) ‘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) A member who meets the requirements prescribed in subsection (a) of this section is entitled to monthly submarine duty incentive pay as follows: “Pay grade Years of service computed under section 205               2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10                 E–9 $165 $165 $165 $200 $220 $230 $235 E–8 165 165 165 185 200 220 230 E–7 165 165 165 185 190 195 205 “Pay grade Years of service computed under section 205 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10                 E–6 115 125 130 160 170 180 190 E–5 105 115 115 130 140 145 145 E–4 60 70 75 125 130 130 130 E–3 60 65 70 70 105 65 65 E–2 55 65 65 65 65 65 65 E–1 55 55 55 55 55 55 55 “Pay grade Years of service computed under section 205 Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 26                 E–9 $245 $255 $265 $265 $265 $265 $265 E–8 235 245 245 255 255 255 255 E–7 220 230 230 230 230 230 230 E–6 195 195 195 195 195 195 195 E–5 145 145 145 145 145 145 145 E–4 130 130 130 130 130 130 130 E–3 65 65 65 65 65 65 65 E–2 65 65 65 65 65 65 65 E–1 55 55 55 55 55 55 55 “Pay grade Years of service computed under section 205 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10                 O–10 $265 $265 $265 $265 $265 $265 $265 O–9 265 265 265 265 265 265 265 O–8 265 265 265 265 265 265 265 O–7 265 265 265 265 265 265 265 O–6 440 440 440 440 440 440 440 O–5 440 440 440 440 440 440 440 O–4 270 270 270 300 440 440 440 O–3 265 265 265 290 440 440 440 O–2 175 175 175 175 175 175 265 O–1 130 130 130 130 130 130 265 “Pay grade Years of service computed under section 205               Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 26                 O–10 $265 $265 $265 $265 $265 $265 $265 O–9 265 265 265 265 265 265 265 O–8 265 265 265 265 265 265 265 O–7 265 265 400 395 395 305 265 O–6 440 440 440 395 395 305 265 O–5 440 440 440 395 395 350 265 O–4 440 440 440 395 395 350 265 O–3 440 440 440 395 395 350 265 O–2 265 265 265 265 265 265 265 O–1 265 265 265 265 265 265 265 “Pay grade Years of service computed under section 205               2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10                 W–4 $175 $230 $230 $230 $265 $265 $265 W–3 175 230 230 230 265 265 265 W–2 175 230 230 230 265 265 265 W–1 175 230 230 230 265 265 265 “Pay grade Years of service computed under section 205               Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 26                 W–4 $265 $265 $265 $265 $265 $265 $265 W–3 265 265 265 265 265 265 265 W–2 265 265 265 265 265 265 265 W–1 265 265 265 265 265 265 265 “(c) (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) 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 37 USC 206. operations, he is eligible for an increase in such compensation equal to one-thirtieth of the monthly incentive pay authorized by subsection (b) of this section 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. “(e) The Secretary of Defense shall report to the Congress before Report to Congress. 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.”.

2. 1981

   Department of Defense Supplemented Authorization Act, 1981

   Pub. L. 97–39 § 701(a) · 95 Stat. 939

   Substituted · 37 U.S.C. § 301c(a)(1)

   Pub. L. 97–39, § 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

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 97–39, § 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.

   Enacted provision · exact public law section
   (a) Paragraphs (1) and (2) of section 301c(a) of title 37, 94 Stat. 3360. United States Code, are amended to read as follows: “(1) Subject to regulations prescribed by the President, a member of the Navy 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) of this subsection, is entitled to continuous monthly submarine duty incentive pay in the amount set forth in subsection (b) of this section. “(1) Subject to regulations prescribed by the President, a member of the Navy who is entitled to basic pay but is not entitled to continuous monthly submarine duty incentive pay under paragraph (1) of this subsection is entitled to submarine duty incentive pay in the amount set forth in subsection (b) of this section for any period during which such member performs frequent and regular operational submarine duty (as defined in paragraph (5) of this subsection) required by orders.”.

3. 1981

   Department of Defense Supplemented Authorization Act, 1981

   Pub. L. 97–39 § 701(a) · 95 Stat. 939

   Substituted · 37 U.S.C. § 301c(a)(2)

   Pub. L. 97–39, § 701(a), substituted provisions relating to payment of submarine duty incentive pay for provisions relating to restrictions on payment of submarine duty incentive pay

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 97–39, § 701(a), substituted provisions relating to payment of submarine duty incentive pay for provisions relating to restrictions on payment of submarine duty incentive pay.

   Enacted provision · exact public law section
   (a) Paragraphs (1) and (2) of section 301c(a) of title 37, 94 Stat. 3360. United States Code, are amended to read as follows: “(1) Subject to regulations prescribed by the President, a member of the Navy 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) of this subsection, is entitled to continuous monthly submarine duty incentive pay in the amount set forth in subsection (b) of this section. “(1) Subject to regulations prescribed by the President, a member of the Navy who is entitled to basic pay but is not entitled to continuous monthly submarine duty incentive pay under paragraph (1) of this subsection is entitled to submarine duty incentive pay in the amount set forth in subsection (b) of this section for any period during which such member performs frequent and regular operational submarine duty (as defined in paragraph (5) of this subsection) required by orders.”.

4. 1981

   Department of Defense Supplemented Authorization Act, 1981

   Pub. L. 97–39 § 701(b) · 95 Stat. 939

   Inserted · 37 U.S.C. § 301c(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Paragraph (5)(A)(i) of such section is amended by inserting “while serving as an operator or crew member of an operational submersible (including an undersea exploration or research vehicle),” after “to a submarine,”.

5. 1981

   Uniformed Services Pay Act of 1981

   Pub. L. 97–60 title I § 114 · 95 Stat. 989

   Inserted · 37 U.S.C. § 301c(a)(3); 37 U.S.C. § 301c(a)(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 114. years-of-service for computation of submarine duty incentive pay Paragraphs (3) and (4) of section 301c(a) of title 37, United States Code, are amended by inserting “, but excluding, in the case of 94 Stat. 3360. an officer, periods as an enlisted member before initial appointment as an officer” after “title” each place it appears.

6. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title VI § 633(a) · 99 Stat. 583

   Amended · 37 U.S.C. § 301c(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Increase in Rates of Incentive Pay for Officers.— The table pertaining to commissioned officers in section 301c(b) of title 37, United States Code, is amended to read as follows: “Pay grade Years of service computed under section 205               2 or Over 2 Over 3 Over 4 Over 6 Over 8 Over less 10 O–10 $265 $265 $265 $265 $265 $265 $265 O–9 265 265 265 265 265 265 265 O–8 265 265 265 265 265 265 265 O–7 265 265 265 265 265 265 265 O–6 440 440 440 440 440 440 440 O–5 440 440 440 440 440 440 440 O–4 270 270 270 300 440 440 440 O–3 265 265 265 290 440 440 440 O–2 175 175 175 175 175 175 265 O–1 130 130 130 130 130 130 265 “Pay grade Years of service computed under section 205 Over Over Over Over Over Over Over 12 14 16 18 20 22 26 O–10 $265 $265 $265 $265 $265 $265 $265 O–9 265 265 265 265 265 265 265 O–8 265 265 265 265 265 265 265 O–7 265 400 395 395 305 265 265 O–6 440 440 440 440 440 440 440 O–5 440 440 440 440 440 440 440 O–4 440 440 440 440 440 440 440 O–3 440 440 440 440 440 440 440 O–2 265 265 265 265 265 265 265 O–1 265 265 265 265 265 265 265”.

7. 1987

   Defense Technical Corrections Act of 1987

   Pub. L. 100–26 § 8(e)(4) · 101 Stat. 273

   1. Substituted · 37 U.S.C. § 301c(a)(5)

      Pub. L. 100–26 substituted “In this section:” for “For the purposes of this section, the term—”

   2. Inserted · 37 U.S.C. § 301c(a)(5)

      Pub. L. 100–26 inserted “The term” at beginning of subpars. (A) and (B)

   3. Substituted · 37 U.S.C. § 301c(a)(5)

      Pub. L. 100–26 substituted “operational” for “Operational” in subpars. (A) and (B), respectively

   4. Substituted · 37 U.S.C. § 301c(a)(5)

      Pub. L. 100–26 substituted “submarine” for “Submarine” in subpars. (A) and (B), respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (4) Section 301c(a)(5) is amended— (A) by striking out “For the purposes of this section, the term—” and inserting in lieu thereof “In this section:”; (B) by inserting “The term” in subparagraphs (A) and (B) after each subparagraph designation; and (C) by revising the first word after the open quotation marks in subparagraphs (A) and (B) so that the initial letter of such word is lower case.

8. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 § 623(a) · 101 Stat. 1019

   1. Amended · 37 U.S.C. § 301c(a)(1); 37 U.S.C. § 301c(a)(2)

      Pub. L. 100–180, § 623(a), as amended by Pub. L. 100–456

   2. Substituted · 37 U.S.C. § 301c(a)(1); 37 U.S.C. § 301c(a)(2)

      Pub. L. 100–180, § 623(a), as substituted “naval service” for “Navy”

   Source evidence

   Code amendment note
   Subsec. (a)(1), (2). Pub. L. 100–180, § 623(a), as amended by Pub. L. 100–456, substituted “naval service” for “Navy”.

   Enacted provision · exact public law section
   (a) Marine Corps Coverage.— Subsection (a) of section 301c of title 37, United States Code, is amended by striking out “Navy” and inserting in lieu thereof “naval service”.

9. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 § 623(b) · 101 Stat. 1019

   Amended · 37 U.S.C. § 301c(b)

   Pub. L. 100–180, § 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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–180, § 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.

   Enacted provision · exact public law section
   (b) Increased Rates.— Subsection (b) of such section is amended to read as follows: “(b) A member who meets the requirements prescribed in subsection (a) is entitled to monthly submarine duty incentive pay as follows: “(b) The monthly rates for special pay under subsection (a) are as follows: “ENLISTED MEMBERS Years of service computed under section 205 “Pay grade 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 E-9 $225 $225 $225 $270 $295 $310 $315 E-8 225 225 225 250 270 295 310 “ENLISTED MEMBERS-Continued     Years of service computed under section 205 “Pay grade 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 E-7 225 225 225 250 255 265 275 E-6 155 170 175 215 230 245 255 E-5 140 155 155 175 190 195 195 E-4 80 95 100 170 175 175 175 E-3 80 90 100 170 175 175 90 E-2 75 90 90 90 90 90 90 E-1 75 75 75 75 75 75 75   Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 26 E-9 $330 $345 $355 $355 $355 $355 $355 E-8 315 330 330 345 345 345 345 E-7 295 310 310 310 310 310 310 E-6 265 265 265 265 265 265 265 E-5 195 195 195 195 195 195 195 E-4 175 175 175 175 175 175 175 E-3 90 90 90 90 90 90 90 E-2 90 90 90 90 90 90 90 E-1 75 75 75 75 75 75 75 “COMMISSIONED OFFICERS     Years of service computed under section 205 “Pay grade 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 O-10 $355 $355 $355 $355 $355 $355 $355 O-9 355 355 355 355 355 355 355 O-8 355 355 355 355 355 355 355 O-7 355 355 355 355 355 355 355 O-6 595 595 595 595 595 595 595 O-5 595 595 595 595 595 595 595 O-4 365 365 365 405 595 595 595 O-3 355 355 355 390 595 595 595 O-2 235 235 235 235 235 235 355 O-1 175 175 175 175 175 175 355 Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 26 O-10 $355 $355 $355 $355 $355 $355 $355 O-9 355 355 355 355 355 355 355 O-8 355 355 355 355 355 355 355 O-7 355 355 540 535 535 410 355 O-6 595 595 595 595 595 595 595 O-5 595 595 595 595 595 595 595 O-4 595 595 595 595 595 595 595 O-3 595 595 595 595 595 595 595 O-2 355 355 355 355 355 355 355 O-1 355 355 355 355 355 355 355 “WARRANT OFFICERS “Pay grade Years of service computed under section 205 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 W-4 $235 $310 $310 $355 $355 $355 $355 W-3 235 310 310 355 355 355 355 W-2 235 310 310 355 355 355 355 W-1 235 310 310 355 355 355 355 Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 26 W-4 $355 $355 $355 $355 $355 $355 $355 W-3 355 355 355 355 355 355 355 W-2 355 355 355 355 355 355 355 W-1   355 355 355 355 355 355 355”

10. 1987

    Pub. L. 100–224 § 5(a)(2) · 101 Stat. 1536

    Struck and inserted · 37 U.S.C. § 301c(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (2) Section 301c(b) of title 37, United States Code (as amended by section 623(b) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180)), is amended in the matter preceding the tables by striking out “(b) The monthly rates for special pay under subsection (a) are as follows:”.

11. 1988

    National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 div. A title XII § 1233 · 102 Stat. 1918

    Changed · 37 U.S.C. § 301c(a)

    Pub. L. 100–456 made clarifying amendment to directory language of Pub. L. 100–180, § 623(a). See 1987 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–456 made clarifying amendment to directory language of Pub. L. 100–180, § 623(a). See 1987 Amendment note below.

    Enacted provision · exact public law section
    SEC. 1233. TECHNICAL AND CLERICAL AMENDMENTS (a) Repeal of Obsolete Reference.— Section 1552 of title 10, United States Code, is amended— (1) in subsection (b), by striking out “therefor before October 26, 1961, or within three years after he discovers the error or injustice, whichever is later” and inserting in lieu thereof “for the correction within three years after he discovers the error or injustice”; and (2) in subsection (c), by striking out “The department concerned” and inserting in lieu thereof “The Secretary concerned”. (b) Date of Enactment References.— (1) Section 305a(d)(2) of title 37, United States Code, is amended by striking out “on or after the effective date specified in section 621(e)(1) of the National Defense Authorziation Act for Fiscal Year 1988” and inserting in lieu thererof “after December 31, 1988,”. (2) Section 3(c)(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(1)) is amended by striking out “the date of the enactment of the National Defense Stockpile Amendments of 1987” and inserting in lieu thereof “December 4, 1987”. (c) Correction of Misspelled Word.— The table in section 1406(b) of title 10, United States Code, is amended by striking out “satisfactory” in the matter in the second column relating to section 1331 and inserting in lieu thereof “satisfactorily”. (d) Repeal of Surplus Word.— Section 2343(b) of title 10, United States Code, is amended by striking out “section” before “2306a”. (e) Punctuation Corrections.— (1) Section 1101(c) of title 10, United States Code, is amended by striking out “(1)” after “Regulations.—”. (2) Paragraph (3) of section 7430(b) of such title is amended— (A) by aligning the paragraph flush to the margin; and (B) by striking out the comma at the end and inserting in lieu thereof a period. (f) Capitalization Corrections.— (1) Section 801(1) of title 10, United States Code, is amended by striking out “judge” and inserting in lieu thereof “Judge”. (2) Section 101(5) of title 37, United States Code, is amended by striking out “secretary” and inserting in lieu thereof “Secretary”. (g) Cross-Reference Amendments.— (1) Section 401(c)(2) of title 10, United States Code, is amended by striking out “subsection (a)” and inserting in lieu thereof “paragraph (1)”. (2) Section 2133(b)(1) of title 10, United States Code, is amended by striking out “section 1431(e)” and inserting in lieu thereof “section 1431(f)”. (3) Section 7427 of title 10, United States Code, is amended by striking out “section 17(j)” and “30 U.S.C. 226(j)” and inserting in lieu thereof “section 17(m)” and “30 U.S.C. 226(m)”, respectively. (4) Section 1013 of title 37, United States Code, is amended by striking out “section 1051” and inserting in lieu thereof “section 1032”. (h) Repeal of Expired Reporting Requirement.— Section 179 of title 10, United States Code, is amended by striking out subsection (e). (i) Section Headings.— (1) (A) The heading of section 3965 of title 10, United States Code, is amended to read as follows: “§ 3965. Restoration to former grade: retired warrant officers and enlisted members”. (B) The item relating to that section in the table of sections at the beginning of chapter 369 of such title is amended to read as follows: “3965. Restoration to former grade: retired warrant officers and enlisted members.”. (2) (A) The heading of section 8965 of title 10, United States Code, is amended to read as follows: “§ 8965. Restoration to former grade: retired warrant officers and enlisted members”. (B) The item relating to that section in the table of sections at the beginning of chapter 869 of such title is amended to read as follows: “8965. Restoration to former grade: retired warrant officers and enlisted members.”. (j) Subsection Heading.— Section 2329(d) of title 10, United States Code, is amended by inserting after “(d)” the following: “Treatment of Certain Costs as Direct Costs.—”. (k) Definitions.— (1) Section 2141(c) of title 10, United States Code, is amended by inserting “the term” after “In this chapter,”. (2) Section 9511(1) of such title is amended by striking out “The term” and inserting in lieu thereof “The terms”. (l) Amendments to Public Law 100–180.— (1) Section 623(a) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 37 USC 301c. (Public Law 100–180; 101 Stat. 1101) is amended by inserting “in paragraphs (1) and (2)” before “and inserting”. (2) Section 717(c) of such Act (101 Stat. 1114) is amended by striking out “on” in the quoted matter in paragraph (2) and inserting in lieu thereof “upon”. (3) Paragraph (1) of section 802(a) of such Act (101 Stat. 1123) is amended by inserting end quotation marks and a period after “section.” at the end (4) Section 803(a) of such Act (101 Stat. 1125) is amended by inserting “the first place it appears” before “and inserting”. (5) The amendments made by this subsection shall apply as if included in the enactment of Public Law 100–180.

12. 1990

    National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title XIII § 1322(c)(1) · 104 Stat. 1485

    Struck · 37 U.S.C. § 301c(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—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) Sections 301a and 301c are amended by striking out subsection (e).

13. 1991

    Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 301c

    Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing in subsecs. (a) and (d)

    Source evidence

    Code amendment note
    Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing in subsecs. (a) and (d).

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

14. 1991

    Warrant Officer Management Act

    Pub. L. 102–190 div. A title XI § 1111(d)(2) · 105 Stat. 1290

    Added · 37 U.S.C. § 301c(b)

    Pub. L. 102–190, in table pertaining to warrant officers, added provisions relating to pay grade W–5 in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–190, in table pertaining to warrant officers, added provisions relating to pay grade W–5 in two places.

    Enacted provision · exact public law section
    (2) The table relating to submarine duty pay for warrant officers in section 301c(b) of such title is amended— (A) by striking out the item relating to the pay grade W–4 the first place it appears and inserting in lieu thereof the following: “W–5 $235 $310 $310 $355 $355 $355 $355 “W–4 235 310 310 355 355 355 355”; and (B) by striking out the item relating to the pay grade W–4 the second place it appears and inserting in lieu thereof the following: “W–5 $355 $355 $355 $355 $355 $355 $355 “W–4 355 355 355 355 355 355 355”.

    Effective date note
    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.

15. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 617(b)(1) · 115 Stat. 1012

    1. Inserted · 37 U.S.C. § 301c(a)

       Pub. L. 107–107, § 617(b)(1), inserted heading

    2. Substituted · 37 U.S.C. § 301c(a)

       Pub. L. 107–107, § 617(b)(1), substituted “prescribed pursuant to subsection (b)” for “set forth in subsection (b)” in pars. (1), (2), and (4)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107, § 617(b)(1), inserted heading and substituted “prescribed pursuant to subsection (b)” for “set forth in subsection (b)” in pars. (1), (2), and (4).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by inserting “Eligibility Requirements.—” after “(a)”; and (B) by striking “set forth in” each place it appears and inserting “prescribed pursuant to”;

16. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 617(a) · 115 Stat. 1012

    1. Inserted · 37 U.S.C. § 301c(b)

       Pub. L. 107–107, § 617(a), inserted heading

    2. Amended · 37 U.S.C. § 301c(b)

       Pub. L. 107–107, § 617(a), amended text generally

    3. Substituted · 37 U.S.C. § 301c(b)

       Pub. L. 107–107, § 617(a), substituting provisions relating to the Secretary’s discretion in prescribing submarine duty incentive pay rates for tables specifying those rates

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–107, § 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.

    Enacted provision · exact public law section
    (a) Authority of Secretary of the Navy; Maximum Rate.— Subsection (b) of section 301c of title 37, United States Code, is amended to read as follows: “(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.”.

17. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 617(b)(2) · 115 Stat. 1012

    Inserted · 37 U.S.C. § 301c(c)

    Pub. L. 107–107, § 617(b)(2), inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–107, § 617(b)(2), inserted heading.

    Enacted provision · exact public law section
    (2) in subsection (c), by inserting “Exceptions.—” after “(c)”; and

18. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 617(b)(3) · 115 Stat. 1012

    1. Inserted · 37 U.S.C. § 301c(d)

       Pub. L. 107–107, § 617(b)(3), inserted heading

    2. Substituted · 37 U.S.C. § 301c(d)

       Pub. L. 107–107, § 617(b)(3), substituted “prescribed pursuant to subsection (b)” for “authorized by subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–107, § 617(b)(3), inserted heading and substituted “prescribed pursuant to subsection (b)” for “authorized by subsection (b)”.

    Enacted provision · exact public law section
    (3) in subsection (d)— (A) by inserting “Applicability to Certain Naval Reserve Duty.—” after “(d)”; and (B) by striking “authorized by” and inserting “prescribed pursuant to”.

19. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(d)(1)(D) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 301c(d)

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in heading and text

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in heading and text.

    Enacted provision · exact public law section
    (D) Section 301c(d).

27 of 27 references resolved to an enrolled provision