§304 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

Members of the uniformed services who get basic pay must also get extra pay when they are ordered to do diving duty, must keep up diving skills by diving often, and either actually perform diving as a main job or keep up proficiency while diving is not their main job. The extra pay is up to $240 a month for officers and up to $340 a month for enlisted members. If a member is also assigned other hazardous duties, they can get both the diving pay and any separate incentive pay for those hazardous duties. The President may stop diving pay during a war. Under rules set by the service secretary and if money is provided, National Guard and reserve members paid under section 206 get an extra amount equal to 1/30 of the monthly diving pay for a comparable active-duty diver for each training or duty period of at least two hours (including Sundays and holidays) or other equivalent training the secretary allows. That increase does not apply to members who already get basic pay under section 204.

Title 37, §304

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 304(a)304(b)37:236(a), (b).37:236(c).Oct. 12, 1949, ch. 681, § 205, 63 Stat. 810; Mar. 31, 1955, ch. 20, § 2(8)–(10), 69 Stat. 21; Aug. 17, 1961, Pub. L. 87–145, § 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.

Editorial Notes

Amendments

1999—Subsec. (b). Pub. L. 106–65, § 617(a), substituted “$240” for “$200” and “$340” for “$300”. Subsec. (c). Pub. L. 106–65, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1999 Amendment Pub. L. 106–65, div. A, title VI, § 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, § 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 Pub. L. 100–180, div. A, title VI, § 624(b), Dec. 4, 1987, 101 Stat. 1104, 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.”

§304 Special pay: diving duty

Summary

Title 37, §304

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Amendments

Citations & Metadata