---
kind: "section"
citation: "37 U.S.C. § 304"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "304"
heading: "Special pay: diving duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/37/304"
units:
  - "Chapter 5 — Special and Incentive Pays"
  - "Subchapter I — Existing Special Pay, Incentive Pay, and Bonus Authorities"
---

# §304. Special pay: diving duty

- (a) Under regulations prescribed by the [Secretary concerned](/usc/37/101.md?p=5), a [member](/usc/37/101.md?p=23) of a uniformed service who is entitled to basic [pay](/usc/37/101.md?p=21) is entitled to special [pay](/usc/37/101.md?p=21), in the amount set forth in [subsection (b)](#b), for periods during which the [member](/usc/37/101.md?p=23)—
  - (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)](#a-2) while serving in an assignment that includes diving duty other than as a primary duty.
- (b) Special [pay](/usc/37/101.md?p=21) payable under [subsection (a)](#a) shall be paid at a rate of not more than $240 a month, in the case of an [officer](/usc/37/101.md?p=11), and at a rate of not more than $340 a month, in the case of an [enlisted member](/usc/37/101.md?p=14).
- (c) If, in addition to diving duty, a [member](/usc/37/101.md?p=23) is assigned by orders to one or more hazardous duties described in [section 301 of this title](/usc/37/301.md), the [member](/usc/37/101.md?p=23) may be paid, for the same period of service, special [pay](/usc/37/101.md?p=21) under this section and incentive [pay](/usc/37/101.md?p=21) under such [section 301](/usc/37/301.md) for each hazardous duty for which the [member](/usc/37/101.md?p=23) is qualified.
- (d)
  - (1) Under regulations prescribed by the [Secretary concerned](/usc/37/101.md?p=5) and to the extent provided for by appropriations, when a [member](/usc/37/101.md?p=23) of the [National Guard](/usc/37/101.md?p=6) or a [reserve component](/usc/37/101.md?p=24) of a uniformed service who is entitled to compensation under [section 206 of this title](/usc/37/206.md) performs diving duty, pursuant to orders, such [member](/usc/37/101.md?p=23) is entitled to an increase in compensation equal to <sup>1</sup>⁄<sub>30</sub> of the monthly special [pay](/usc/37/101.md?p=21) prescribed by the [Secretary concerned](/usc/37/101.md?p=5) for the performance of diving duty by a [member](/usc/37/101.md?p=23) of comparable diving classification who is entitled to basic [pay](/usc/37/101.md?p=21) under [section 204 of this title](/usc/37/204.md). Such [member](/usc/37/101.md?p=23) is entitled to the increase—
    - (A) for each regular period of instruction, or period of appropriate duty, at which the [member](/usc/37/101.md?p=23) 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](/usc/37/206.md?p=a).
  - (2) This subsection does not apply to a [member](/usc/37/101.md?p=23) who is entitled to basic [pay](/usc/37/101.md?p=21) under [section 204 of this title](/usc/37/204.md).
- (e) In time of war, the President may suspend the payment of diving duty [pay](/usc/37/101.md?p=21).

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 304(a)<br>304(b) | 37:236(a), (b).<br>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.”