37 U.S.C. § 304 — Special pay: diving duty

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— Page 75 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 305 (A) for each regular period of instruction, or period of appropriate duty, at which the mem- ber is engaged for at least two hours, including that performed on a Sunday or holiday; or (B) for the performance of such other equiva- lent 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, § 115, Oct. 14, 1981, 95 Stat. 995; Pub. L. 100–180, div. A, title VI, § 624(a), Dec. 4, 1987, 101 Stat. 1103; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–261, div. A, title VI, § 616(a), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 106–65, div. A, title VI, § 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) ...... 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 ‘‘com- petent’’ 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 as- signed by orders to a hazardous duty described in sec- tion 301(a) of this title in addition to diving duty. How- ever, 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 sec- tion’’ 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 entitle- ment 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 author- izing payment of both special pay under this section and incentive pay under section 301 of this title in spec- ified 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 re- spect 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 ef- fect on the first day of the fourth calendar month fol- lowing 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.’’ § 305. Special pay: hardship duty pay (a) SPECIAL PAY AUTHORIZED.—A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is des- ignated by the Secretary of Defense as hardship duty. (b) PAYMENT ON MONTHLY OR LUMP SUM BASIS.—Special pay payable under this section may be paid on a monthly basis or in a lump sum. (c) MAXIMUM RATE OR AMOUNT.—(1) The monthly rate of special pay payable to a mem- ber under this section may not exceed $1,500. (2) The amount of the lump sum payment of special pay payable to a member under this sec- tion may not exceed the product of— (A) the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; and (B) the number of months during which the member will be performing the designated hardship duty. (d) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.—Special pay paid to a member under this section is in addition to any other pay and al- lowances to which the member is entitled. (e) REPAYMENT.—A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provi- sions of section 303a(e) of this title. (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88–132, § 12(a), Oct. 2, 1963, 77 Stat. 217; Pub. L. 90–623, § 3(4), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 95–485, title VIII, § 804(b)(1), Oct. 20, 1978, 92 Stat. 1620; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr.