§ 304. Special pay: diving 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. 1962

   Pub. L. 87–649 · 76 Stat. 451

   Enacted · 37 U.S.C. § 304

   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465

   Source evidence

   Code source credit
   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465

2. 1981

   Uniformed Services Pay Act of 1981

   Pub. L. 97–60 title I § 115 · 95 Stat. 989

   1. Redesignated · 37 U.S.C. § 304

      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

   2. Added · 37 U.S.C. § 304

      Pub. L. 97–60 revised provisions of subsec. (a) into new subsecs. (a), (b), and (c), 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

   3. Substituted · 37 U.S.C. § 304

      Pub. L. 97–60 revised provisions of subsec. (a) into new subsecs. (a), (b), and (c), 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

   4. Inserted · 37 U.S.C. § 304

      Pub. L. 97–60 revised provisions of subsec. (a) into new subsecs. (a), (b), and (c), inserted provisions authorizing payment of both special pay under this section and incentive pay under section 301 of this title in specified circumstances

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 115. special pay for diving duty Section 304 of title 37, United States Code, is amended to read as follows: “§ 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) of this section, 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) actually performs diving duty. “(b) Special pay payable under subsection (a) of this section shall be paid at a rate of not more than $200 a month, in the case of an officer, and at a rate of not more than $300 a month, in the case of an enlisted member. “(c) 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. “(d) In time of war, the President may suspend the payment of diving duty pay.”.

3. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title VI § 624(a) · 101 Stat. 1019

   1. Added · 37 U.S.C. § 304(d); 37 U.S.C. § 304(e)

      Pub. L. 100–180 added subsec. (d)

   2. Redesignated · 37 U.S.C. § 304(d); 37 U.S.C. § 304(e)

      Pub. L. 100–180 redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 100–180 added subsec. (d) and redesignated former subsec. (d) as (e).

   Enacted provision · exact public law section
   (a) In General.— Section 304 of title 37, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): “(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.”.

4. 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. § 304(a)

   Pub. L. 102–25 struck out “of this section” after “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–25 struck out “of this section” after “subsection (b)”.

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

5. 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. § 304(b)

   Pub. L. 102–25 struck out “of this section” after “subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.

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

6. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. A title VI § 616(a) · 112 Stat. 1920

   Amended · 37 U.S.C. § 304(a)(3)

   Pub. L. 105–261 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “actually performs diving duty.”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 105–261 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “actually performs diving duty.”

   Enacted provision · exact public law section
   (a) Eligibility for Maintaining Proficiency.— Section304(a)(3) of title 37, United States Code, is amended to read as follows: “(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.”.

7. 1999

   Pub. L. 106–65 § 617(a) · 113 Stat. 512

   1. Substituted · 37 U.S.C. § 304(b)

      Pub. L. 106–65, § 617(a), substituted “$240” for “$200”

   2. Substituted · 37 U.S.C. § 304(b)

      Pub. L. 106–65, § 617(a), substituted “$340” for “$300”

   Source evidence

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

   Enacted provision · exact public law section
   (a) Increase in Rate.— Subsection (b) of section 304 of title 37, United States Code, is amended— (1) by striking “$200” and inserting “$240”; and (2) by striking “$300” and inserting “$340”.

   Effective date note
   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.”

8. 1999

   Pub. L. 106–65 § 617(b) · 113 Stat. 512

   Amended · 37 U.S.C. § 304(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Relation to Hazardous Duty Incentive Pay.— Subsection (c) of such section is amended to read as follows: “(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.”.

   Effective date note
   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.”

12 of 13 references resolved to an enrolled provision · 1 partial