§ 304. — Special pay: diving 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: 37USC304]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 304. Special pay: diving duty
(a) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service who is entitled to basic pay is entitled
to special pay, in the amount set forth in subsection (b), for periods
during which the member--
(1) is assigned by orders to the duty of diving;
(2) is required to maintain proficiency as a diver by frequent
and regular dives; and
(3) either--
(A) actually performs diving duty while serving in an
assignment for which diving is a primary duty; or
(B) meets the requirements to maintain proficiency as
described in paragraph (2) while serving in an assignment that
includes diving duty other than as a primary duty.
(b) Special pay payable under subsection (a) shall be paid at a rate
of not more than $240 a month, in the case of an officer, and at a rate
of not more than $340 a month, in the case of an enlisted member.
(c) If, in addition to diving duty, a member is assigned by orders
to one or more hazardous duties described in section 301 of this title,
the member may be paid, for the same period of service, special pay
under this section and incentive pay under such section 301 for each
hazardous duty for which the member is qualified.
(d)(1) Under regulations prescribed by the Secretary concerned and
to the extent provided for by appropriations, when a member of the
National Guard or a reserve component of a uniformed service who is
entitled to compensation under section 206 of this title performs diving
duty, pursuant to orders, such member is entitled to an increase in
compensation equal to \1/30\ of the monthly special pay prescribed by
the Secretary concerned for the performance of diving duty by a member
of comparable diving classification who is entitled to basic pay under
section 204 of this title. Such member is entitled to the increase--
(A) for each regular period of instruction, or period of
appropriate duty, at which the member is engaged for at least two
hours, including that performed on a Sunday or holiday; or
(B) for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may
prescribe under section 206(a) of this title.
(2) This subsection does not apply to a member who is entitled to
basic pay under section 204 of this title.
(e) In time of war, the President may suspend the payment of diving
duty pay.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 97-60, title I,
Sec. 115, Oct. 14, 1981, 95 Stat. 995; Pub. L. 100-180, div. A, title
VI, Sec. 624(a), Dec. 4, 1987, 101 Stat. 1103; Pub. L. 102-25, title
VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105-261,
div. A, title VI, Sec. 616(a), Oct. 17, 1998, 112 Stat. 2041; Pub. L.
106-65, div. A, title VI, Sec. 617(a), (b), Oct. 5, 1999, 113 Stat.
652.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
304(a)................................ 37:236(a), (b). Oct. 12, 1949, ch. 681, Sec. 205,
304(b)................................ 37:236(c). 63 Stat. 810; Mar. 31, 1955, ch.
20, Sec. 2(8)-(10), 69 Stat. 21;
Aug. 17, 1961, Pub. L. 87-145,
Sec. 1, 75 Stat. 382.
----------------------------------------------------------------------------------------------------------------
In subsection (a), the last sentence is substituted for section
236(b) of existing title 37. The word ``competent'' is omitted as
surplusage.
Amendments
1999--Subsec. (b). Pub. L. 106-65, Sec. 617(a), substituted ``$240''
for ``$200'' and ``$340'' for ``$300''.
Subsec. (c). Pub. L. 106-65, Sec. 617(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``A member
may be paid special pay under this section and incentive pay under
section 301 of this title for the same period of service only if the
member is assigned by orders to a hazardous duty described in section
301(a) of this title in addition to diving duty. However, if a member is
paid special pay under this section, the member is not entitled to more
than one payment of incentive pay under section 301 of this title.''
1998--Subsec. (a)(3). Pub. L. 105-261 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ``actually performs diving
duty.''
1991--Subsec. (a). Pub. L. 102-25 struck out ``of this section''
after ``subsection (b)''.
Subsec. (b). Pub. L. 102-25 struck out ``of this section'' after
``subsection (a)''.
1987--Subsecs. (d), (e). Pub. L. 100-180 added subsec. (d) and
redesignated former subsec. (d) as (e).
1981--Pub. L. 97-60 revised provisions of subsec. (a) into new
subsecs. (a), (b), and (c), redesignated subsec. (b) as (d), and, in
provisions of subsec. (a) as revised, added to enumeration of conditions
attached to entitlement to special pay requirement that the member
maintain proficiency as a diver by frequent and regular dives,
substituted a rate of $200 a month for officers and $300 a month for
enlisted men for former rate of $110 a month for all members, and
inserted provisions authorizing payment of both special pay under this
section and incentive pay under section 301 of this title in specified
circumstances.
Effective Date of 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 617(c), Oct. 5, 1999, 113
Stat. 652, provided that: ``The amendments made by subsections (a) and
(b) [amending this section] shall take effect on October 1, 1999, and
shall apply with respect to special pay paid under such section for
months beginning on or after that date.''
Effective Date of 1998 Amendment
Pub. L. 105-261, div. A, title VI, Sec. 616(b), Oct. 17, 1998, 112
Stat. 2041, provided that: ``The amendment made by subsection (a)
[amending this section] shall take effect on October 1, 1998, and shall
apply with respect to months beginning on or after that date.''
Effective Date of 1987 Amendment
Section 624(b) of Pub. L. 100-180 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on the
first day of the fourth calendar month following the month in which this
Act is enacted [Dec. 1987] and shall apply only with respect to diving
duty performed on or after that date.''
Section Referred to in Other Sections
This section is referred to in sections 320, 907 of this title.
