37 U.S.C. § 303a — Special pay: general provisions

Page 71 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 303a 1 See Change of Name note below. Biomedical Sciences Corps and holds a degree in veteri- nary medicine’’ for ‘‘who is designated as a veterinary officer’’. Subsec. (a)(2)(B). Pub. L. 106–398, § 1 [[div. A], title VI, § 629(2)], added subpar. (B) and struck out former sub- par. (B) which read as follows: ‘‘of a Reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who is designated as a veterinary officer of the Army or the Air Force, as the case may be; or’’. 1999—Pub. L. 106–65 designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b). 1991—Par. (3). Pub. L. 102–25 struck out ‘‘of this sub- section’’ after ‘‘clause (1) or (2)’’. 1987—Pub. L. 100–180 substituted semicolon for comma at end of par. (2)(A) and ‘‘; or’’ for ‘‘, or’’ at end of par. (2)(B). Pub. L. 100–26 substituted ‘‘A’’ for ‘‘a’’ at beginning of pars. (1) to (3), semicolon for comma at end of par. (1)(A), ‘‘; or’’ for ‘‘, or’’ at end of par. (1)(B), period for semicolon at end of par. (1)(C), and period for ‘‘; and’’ at end of par. (2); and directed substitution of semi- colon for comma at end of par. (1)(B) which could not be executed because no comma appeared at end of par. (1)(B). 1980—Pub. L. 96–284 substituted ‘‘Each’’ for ‘‘(a) In ad- dition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each’’, struck out ‘‘beginning on or after October 1, 1977’’ after ‘‘ac- tive duty’’, struck out subsec. (b) which prohibited in- clusion of active duty monthly special pay in computa- tion of amount of increase in pay authorized in any other provision of this title or in computation of re- tired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980. 1978—Subsec. (c). Pub. L. 95–485 substituted ‘‘Sep- tember 1980’’ for ‘‘September 1978’’. 1977—Subsec. (a). Pub. L. 95–114 amended subsec. (a) to provide for the reinstatement of special pay provi- sions for veterinarians for each month on active duty beginning on or after Oct. 1, 1977. Subsecs. (b), (c). Pub. L. 95–114 reenacted subsec. (b) without change and added subsec. (c). 1973—Subsec. (a). Pub. L. 93–64 substituted ‘‘July 1, 1975’’ for ‘‘July 1, 1973’’ wherever appearing. 1971—Subsec. (a). Pub. L. 92–129 substituted ‘‘July 1, 1973’’ for ‘‘July 1, 1971’’ wherever appearing. 1967—Subsec. (a). Pub. L. 90–40 substituted ‘‘July 1, 1971’’ for ‘‘July 1, 1967’’ wherever appearing. 1963—Subsec. (a). Pub. L. 88–2 substituted ‘‘July 1, 1967’’ for ‘‘July 1, 1963’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title VI, § 616(b), Oct. 5, 1999, 113 Stat. 652, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on and after that date.’’ EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–114 effective Oct. 1, 1977, see section 4 of Pub. L. 95–114, set out as a note under section 302a of this title. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under sec- tion 401 of this title. § 303a. Special pay: general provisions (a) The Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Sec- retary of Health and Human Services, with re- spect to the Public Health Service, shall pre- scribe regulations for the administration of sec- tions 301d, 302 through 302j, and 303 of this title. (b)(1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in the Regular or Reserve Corps 1 of the Public Health Service is entitled to special pay under a provision of this chapter in the same amounts, and under the same terms and conditions, as a commissioned officer of the armed forces is entitled to special pay under that provision. (2) A commissioned medical officer in the Reg- ular or Reserve Corps 1 of the Public Health Service (other than an officer serving in the In- dian Health Service) may not receive additional special pay under section 302(a)(4) of this title for any period during which the officer is pro- viding obligated service under the following pro- visions of law: (A) Section 338B of the Public Health Serv- ice Act (42 U.S.C. 254l–1). (B) Section 225(e) of the Public Health Serv- ice Act, as that section was in effect before October 1, 1977. (C) Section 752 of the Public Health Service Act, as that section was in effect between Oc- tober 1, 1977, and August 13, 1981. (c) Special pay authorized under sections 301d, 302 through 302j, and 303 of this title is in addi- tion to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing re- tired pay, separation pay, severance pay, or re- adjustment pay. (d) The Secretary of Defense shall conduct a review every two years of the special pay for health professionals authorized by sections 301d, 302 through 302j, and 303 of this title. (e) REPAYMENT OF UNEARNED PORTION OF BO- NUSES AND OTHER BENEFITS WHEN CONDITIONS OF PAYMENT NOT MET; TERMINATION OF ENTITLE- MENT TO UNPAID AMOUNTS.—(1)(A) Except as pro- vided in paragraphs (2) and (3), a member of the uniformed services who receives a bonus or simi- lar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligi- bility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Sec- retary concerned determines that the imposi- tion of the repayment requirement and termi- nation of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy Page 72 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 303a or management objective, would be against eq- uity and good conscience, or would be contrary to the best interests of the United States. (B) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar ben- efit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. For the military departments, this subsection shall be adminis- tered under regulations prescribed by the Sec- retary of Defense. (2)(A) If a member of the uniformed services receives a sole survivorship discharge, the Sec- retary concerned— (i) shall not require repayment by the mem- ber of the unearned portion of any bonus, in- centive pay, or similar benefit previously paid to the member; and (ii) may grant an exception to the require- ment to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel pol- icy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. (B) In this paragraph, the term ‘‘sole survivor- ship discharge’’ means the separation of a mem- ber from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which— (i) the father or mother or one or more sib- lings— (I) served in the Armed Forces; and (II) was killed, died as a result of wounds, accident, or disease, is in a captured or miss- ing in action status, or is permanently 100 percent disabled or hospitalized on a con- tinuing basis (and is not employed gainfully because of the disability or hospitalization); and (ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence. (3)(A) If a member of the uniformed services dies or is retired or separated with a combat-re- lated disability, the Secretary concerned— (i) shall not require repayment by the mem- ber or the member’s estate of the unearned portion of any bonus or similar benefit pre- viously paid to the member; and (ii) shall require the payment to the member or the member’s estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, re- tirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member. (B) Subparagraph (A) does not apply if the death or disability of the member is the result of the member’s misconduct. (C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member con- tinued to be entitled to the bonus or similar benefit following the death, retirement, or sepa- ration. (D) Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies. (E) In this paragraph, the term ‘‘combat-re- lated disability’’ has the meaning given that term in section 1413a(e) of title 10. (4) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bank- ruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after— (A) the date of the termination of the agree- ment or contract on which the debt is based; or (B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based. (5) In this subsection: (A) The term ‘‘bonus or similar benefit’’ means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this sub- section. (B) The term ‘‘service’’, as used in paragraph (4)(B), refers to an obligation willingly under- taken by a member of the uniformed services, in exchange for a bonus or similar benefit of- fered by the Secretary of Defense or the Sec- retary concerned— (i) to remain on active duty or in an active status in a reserve component; (ii) to perform duty in a specified skill, with or without a specified qualification or credential; (iii) to perform duty at a specified loca- tion; or (iv) to perform duty for a specified period of time. (Added Pub. L. 96–284, § 5(a), June 28, 1980, 94 Stat. 592; amended Pub. L. 96–513, title V, § 506(6), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 100–140, § 2(b)(1), Oct. 26, 1987, 101 Stat. 831; Pub. L. 101–189, div. A, title VII, §§ 705(b), 706(b), Nov. 29, 1989, 103 Stat. 1472, 1473; Pub. L. 101–510, div. A, title VI, § 611(d), title XIII, § 1322(c)(2), title XIV, § 1484(c)(1), Nov. 5, 1990, 104 Stat. 1577, 1672, 1716; Pub. L. 102–484, div. A, title X, § 1054(a)(3), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 104–106, div. A, title VI, § 614(b), Feb. 10, 1996, 110 Stat. 361; Pub. L. 104–201, div. A, title VI, § 615(c)(3), Sept. 23, 1996, 110 Stat. 2546; Pub. L. 106–398, § 1 [[div. Page 73 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 303a A], title VI, §§ 628(b), 634(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–155, 1654A–159; Pub. L. 109–163, div. A, title VI, § 687(a)(1), (e)(1), Jan. 6, 2006, 119 Stat. 3326, 3336; Pub. L. 110–317, § 2(a), Aug. 29, 2008, 122 Stat. 3526; Pub. L. 110–417, [div. A], title VI, § 651(a), (b), Oct. 14, 2008, 122 Stat. 4495; Pub. L. 111–84, div. A, title VI, § 617(a), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title X, § 1075(c)(1), Jan. 7, 2011, 124 Stat. 4372.) Editorial Notes REFERENCES IN TEXT Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977, re- ferred to in subsec. (b)(2)(B), is section 225(e) of act July 1, 1944, ch. 373, which was classified to section 234(e) of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 94–484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2281, effective Oct. 1, 1977. Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and Au- gust 13, 1981, referred to in subsec. (b)(2)(C), is section 752 of act July 1, 1944, ch. 373, title VII, as added Pub. L. 94–484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2284; amended Pub. L. 95–626, title I, § 113(b), Nov. 10, 1978, 92 Stat. 3563; Pub. L. 96–76, title II, § 202(a), (b), Sept. 29, 1979, 93 Stat. 582, which was classified to section 294u of Title 42, The Public Health and Welfare. Section 752 was renumbered section 338B of act July 1, 1944, and amended, by Pub. L. 97–35, title XXVII, § 2709(a), (c), Aug. 13, 1981, 95 Stat. 908, 909. It was subsequently re- numbered section 338C of act July 1, 1944, and further amended, and is now classified to section 254m of Title 42. AMENDMENTS 2011—Subsec. (e)(3)(B). Pub. L. 111–383 inserted ‘‘of’’ after ‘‘result’’. 2009—Subsec. (e)(1)(A). Pub. L. 111–84, § 617(a)(1), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Subsec. (e)(1)(B), (2). Pub. L. 111–84, § 617(a)(5), redesig- nated subpar. (B), relating to sole survivorship dis- charge, as par. (2). Former par. (2) redesignated (3). Subsec. (e)(3) to (5). Pub. L. 111–84, § 617(a)(2)–(4), re- designated pars. (2) to (4) as (3) to (5), respectively, and, in par. (5)(B), substituted ‘‘paragraph (4)(B)’’ for ‘‘para- graph (3)(B)’’ in introductory provisions. 2008—Subsec. (e). Pub. L. 110–417, § 651(a)(1), inserted ‘‘; Termination of Entitlement to Unpaid Amounts’’ after ‘‘Met’’ in heading. Subsec. (e)(1). Pub. L. 110–417, § 651(a)(2)(A), which di- rected substitution of ‘‘(A) Except as provided in para- graph (2), a member’’ for ‘‘A member’’, could not be ex- ecuted because of prior amendment by 110–317. See below. Pub. L. 110–317, § 2(a)(1), substituted ‘‘(A) Except as provided in paragraph (2), a member’’ for ‘‘A member’’. Subsec. (e)(1)(A). Pub. L. 110–417, § 651(a)(2)(B), sub- stituted ‘‘the eligibility requirements and may not re- ceive any unpaid amounts of the bonus or similar ben- efit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the im- position of the repayment requirement and termi- nation of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objec- tive, would be against equity and good conscience, or would be contrary to the best interests of the United States’’ for ‘‘the requirements, except in certain cir- cumstances authorized by the Secretary concerned’’. Subsec. (e)(1)(B). Pub. L. 110–417, § 651(a)(3), redesig- nated par. (2) as subpar. (B) of par. (1) relating to sole survivorship discharge. Pub. L. 110–317, § 2(a)(2), redesignated par. (2) as sub- par. (B) of par. (1) relating to the Secretary estab- lishing procedures for determining the amount of the repayment required under subsec. (e). Subsec. (e)(2). Pub. L. 110–417, § 651(b), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1) re- lating to sole survivorship discharge. Pub. L. 110–317, § 2(a)(3), added par. (2). Former par. (2) redesignated as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e). 2006—Pub. L. 109–163, § 687(e)(1), substituted ‘‘Special pay: general provisions’’ for ‘‘Special pay: health pro- fessionals; general provisions’’ in section catchline. Subsec. (e). Pub. L. 109–163, § 687(a)(1), added subsec. (e). 2000—Pub. L. 106–398, § 1 [[div. A], title VI, § 628(b)], substituted ‘‘302j’’ for ‘‘302h’’ wherever appearing. Subsecs. (b) to (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 634(a)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1996—Pub. L. 104–201 substituted ‘‘302h’’ for ‘‘302g’’ wherever appearing. Pub. L. 104–106 substituted ‘‘302 through 302g,’’ for ‘‘302, 302a, 302b, 302c, 302d, 302e,’’ wherever appearing. 1992—Subsec. (b). Pub. L. 102–484 struck out ‘‘301d,’’ after ‘‘such sections’’. 1990—Subsec. (a). Pub. L. 101–510, §§ 611(d), 1484(c)(1), inserted ‘‘301d,’’ after ‘‘sections’’ and substituted ‘‘and 303’’ for ‘‘303, and 311’’. Subsec. (b). Pub. L. 101–510, § 611(d), inserted ‘‘301d,’’ after ‘‘sections’’ wherever appearing. Subsec. (c). Pub. L. 101–510, §§ 611(d), 1322(c)(2), 1484(c)(1), inserted ‘‘301d,’’ after ‘‘sections’’, substituted ‘‘and 303’’ for ‘‘303, and 311’’, and struck out at end ‘‘A report shall be submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year there- after on the results of the review for the preceding two- year period.’’ 1989—Pub. L. 101–189 inserted ‘‘302d, 302e,’’ after ‘‘302c,’’ wherever appearing. 1987—Pub. L. 100–140 inserted ‘‘302c,’’ after ‘‘302b,’’ wherever appearing. 1980—Subsec. (a). Pub. L. 96–513, § 506(6)(A), struck out reference to sections 302c and 313 of this title. Subsec. (b). Pub. L. 96–513, § 506(6)(B), (C), struck out reference to section 302c of this title and inserted ref- erence to separation pay. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–317 applicable with re- spect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Or- ganization and Employees. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title VI, § 687(a)(2), Jan. 6, 2006, 119 Stat. 3327, as amended by Pub. L. 109–364, div. A, title X, § 1071(e)(6), Oct. 17, 2006, 120 Stat. 2401, provided that: ‘‘In the case of a provision of law amended by sub- section (b), (c), or (d) of this section [amending sections 301b, 301d, 301e, 302, 302a, 302b, 302d to 302h, 302j, 307a, 308, 308b, 308c, 308g to 308i, 309, 312, 312b, 314 to 319, and 321 to 327 of this title, sections 510, 2005, 2007, 2105, 2123, 2130a, 2173, 2200a, 4348, 6959, 9348, 16135, 16203, 16303, and 16401 of Title 10, Armed Forces, and section 182 of Title 14, Coast Guard], paragraph (3) of subsection (e) of sec- tion 303a of title 37, United States Code, as added by this subsection, shall apply to any case commenced under title 11, United States Code, after March 30, 2006.’’ Page 74 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 303b EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–140 effective Oct. 26, 1987, and applicable to pay periods beginning on or after such date, see section 2(c) of Pub. L. 100–140, set out as an Effective Date note under section 302c of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. § 303b. Waiver of board certification require- ments (a) CERTIFICATION INTERRUPTED BY CONTIN- GENCY OPERATION.—A member of the armed forces described in subsection (b) who completes the board certification or recertification re- quirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title be- fore the end of the period established for the member in subsection (c) shall be paid special pay under the applicable section for active duty performed during the period beginning on the date on which the member was assigned to duty in support of a contingency operation and end- ing on the date of that certification or recertifi- cation if the Secretary of Defense determines that the member was unable to schedule or com- plete that certification or recertification earlier because of that duty. (b) ELIGIBLE MEMBERS DESCRIBED.—A member of the armed forces referred to in subsection (a) is a member who— (1) is a medical or dental officer or a non- physician health care provider; (2) has completed any required residency training; and (3) was, except for the board certification re- quirement, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title during a duty assign- ment in support of a contingency operation. (c) PERIOD FOR CERTIFICATION.—The period re- ferred to in subsection (a) for completion of board certification or recertification require- ments with respect to a member of the armed forces is the 180-day period (extended for such additional time as the Secretary of Defense de- termines to be appropriate) beginning on the date on which the member is released from the duty to which the member was assigned in sup- port of a contingency operation. (Added Pub. L. 102–190, div. A, title VI, § 635(a), Dec. 5, 1991, 105 Stat. 1382.) Statutory Notes and Related Subsidiaries OPERATION DESERT STORM DUTY ASSIGNMENTS Pub. L. 102–25, title III, § 305, Apr. 6, 1991, 105 Stat. 82, provided that: ‘‘(a) CERTIFICATION INTERRUPTED BY OPERATION DESERT STORM.—A member of the Armed Forces de- scribed in subsection (b) who completes the board cer- tification or recertification requirements specified in section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of title 37, United States Code, before the end of the pe- riod established for the member in subsection (c) shall be paid special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title (whichever applies) for active duty performed after November 5, 1990, and before the date of that certification and recertification if the Secretary of Defense determines that the mem- ber was unable to schedule or complete that certifi- cation or recertification earlier because of a duty as- signment in connection with Operation Desert Storm. ‘‘(b) ELIGIBLE MEMBERS DESCRIBED.—A member of the Armed Forces referred to in subsection (a) is a member who— ‘‘(1) is a medical or dental officer or a nonphysician health care provider; ‘‘(2) has completed any required residency training; and ‘‘(3) was, except for the board certification require- ment, otherwise eligible for special pay under section 302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of such title during the duty assignment in connection with Operation Desert Storm. ‘‘(c) PERIOD FOR CERTIFICATION.—The period referred to in subsection (a) for completion of board certifi- cation or recertification requirements with respect to a member of the Armed Forces is the 180-day period (ex- tended for such additional time as the Secretary of De- fense determines to be appropriate) beginning on the date that the member is released from the duty to which the member was assigned in connection with Op- eration Desert Storm.’’ § 304. Special pay: diving duty (a) Under regulations prescribed by the Sec- retary concerned, a member of a uniformed serv- ice who is entitled to basic pay is entitled to special pay, in the amount set forth in sub- section (b), for periods during which the mem- ber— (1) is assigned by orders to the duty of div- ing; (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 du- ties described in section 301 of this title, the member may be paid, for the same period of service, special pay under this section and in- centive pay under such section 301 for each haz- ardous duty for which the member is qualified. (d)(1) Under regulations prescribed by the Sec- retary concerned and to the extent provided for by appropriations, when a member of the Na- tional Guard or a reserve component of a uni- formed service who is entitled to compensation under section 206 of this title performs diving duty, pursuant to orders, such member is enti- tled to an increase in compensation equal to 1⁄30 of the monthly special pay prescribed by the Secretary concerned for the performance of div- ing duty by a member of comparable diving clas- sification who is entitled to basic pay under sec- tion 204 of this title. Such member is entitled to the increase—