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

(a) Under regulations the Secretary concerned prescribes, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set by subsection (b), for periods when the member: (1) is assigned by orders to diving duty; (2) is required to maintain proficiency as a diver through frequent and regular dives; and (3) either (A) actually performs diving duty while assigned to a job where diving is a primary duty, or (B) meets the proficiency requirement in paragraph (2) while assigned to a job that includes diving duty as something other than a primary duty. (b) Special pay under subsection (a) is paid at a rate of not more than $240 a month for an officer, and not more than $340 a month for an enlisted member. (c) If a member is also assigned, by orders, one or more other hazardous duties described in section 301 of this title, the member may be paid, for the same period of service, both this special pay and incentive pay under section 301 for each hazardous duty the member qualifies for. (d)(1) Under regulations the Secretary concerned prescribes, and to the extent appropriations allow, a member of the National Guard or a reserve component who is entitled to compensation under section 206 of this title, and who performs diving duty under orders, is entitled to an increase in compensation equal to 1/30 of the monthly special pay the Secretary concerned sets for full-time divers of a comparable diving classification who are entitled to basic pay under section 204 of this title. This increase applies (A) for each regular period of instruction, or period of appropriate duty, of at least two hours, including on a Sunday or holiday; or (B) for other equivalent training, instruction, duty, or appropriate duties the Secretary may prescribe under section 206(a) of this title. (2) This increase 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.