§ 307. — Special pay: special duty assignment pay for enlisted members.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC307]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 307. Special pay: special duty assignment pay for enlisted
members
(a) An enlisted member who is entitled to basic pay and is
performing duties which have been designated under subsection (b) as
extremely difficult or as involving an unusual degree of responsibility
in a military skill may, in addition to other pay or allowances to which
he is entitled, be paid special duty assignment pay at a monthly rate
not to exceed $600.
(b) The Secretary concerned shall determine which enlisted members
under his jurisdiction are to be paid special duty assignment pay under
subsection (a). He shall also designate those skills within each armed
force under his jurisdiction for which special duty assignment pay is
authorized and shall prescribe the criteria under which members of that
armed force are eligible for special duty assignment pay in each skill.
He may increase, decrease, or abolish such pay for any skill.
(c) This section shall be administered under regulations prescribed
by the Secretary of Defense for the armed forces under his jurisdiction
and by the Secretary of Homeland Security for the Coast Guard when the
Coast Guard is not operating as a service in the Navy.
(d)(1) Under regulations prescribed by the Secretary concerned and
to the extent provided for by appropriations, when an enlisted 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 duty
for which a member described in subsection (a) is entitled to special
pay under such subsection, the member of the National Guard or reserve
component is entitled to an increase in compensation equal to \1/30\ of
the monthly special duty assignment pay prescribed by the Secretary
concerned for the performance of that same duty by members described in
subsection (a).
(2) A member of the National Guard or a reserve component entitled
to an increase in compensation under paragraph (1) 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.
(3) This subsection does not apply to a member of the National Guard
or a reserve component who is entitled to basic pay under section 204 of
this title.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 90-623, Sec. 3(1),
Oct. 22, 1968, 82 Stat. 1314; Pub. L. 98-525, title VI, Sec. 623(b)(1),
Oct. 19, 1984, 98 Stat. 2541; Pub. L. 102-25, title VII, Sec. 702(b)(1),
(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-106, div. A, title VI,
Sec. 619(a), Feb. 10, 1996, 110 Stat. 363; Pub. L. 106-398, Sec. 1
[[div. A], title VI, Secs. 631, 632(a)], Oct. 30, 2000, 114 Stat. 1654,
1654A-156; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116
Stat. 2314.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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307(a)................................ 37:240(a). Oct. 12, 1949, ch. 681, Sec. 209;
307(b)................................ 37:240(b). added May 20, 1958, Pub. L. 85-
307(c)................................ 37:240(c). 422, Sec. 1(8), 72 Stat. 125.
307(d)................................ 37:240(d).
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In subsection (a)(1), the words ``prescribed in section 232(a) of
this title'' and ``in accordance with his cumulative years of service
for pay purposes'' are omitted as surplusage and as covered by sections
201, 202, and 203 of this revised title.
In subsection (a)(2), the words ``special or incentive pays'' are
omitted as surplusage.
In subsections (a)(1) and (b), the word ``allowances'' is omitted,
since, under sections 402 and 403 of this revised title, allowances
depend upon pay grade to which assigned, or in which distributed for
basic pay purposes.
In subsection (b), the words ``computed under section 205 of this
title'' are substituted for the words ``cumulative . . . for pay
purposes''.
Amendments
2002--Subsec. (c). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 631], substituted ``$600'' for ``$275'' and struck out at end ``In
the case of a member who is serving as a military recruiter and is
eligible for special duty assignment pay under this subsection on
account of such duty, the Secretary concerned may increase the monthly
rate of special duty assignment pay for the member to not more than
$375.''
Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 632(a)], added subsec. (d).
1996--Subsec. (a). Pub. L. 104-106 inserted at end ``In the case of
a member who is serving as a military recruiter and is eligible for
special duty assignment pay under this subsection on account of such
duty, the Secretary concerned may increase the monthly rate of special
duty assignment pay for the member to not more than $375.''
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)''.
1984--Pub. L. 98-525 substituted ``special duty assignment pay for
enlisted members'' for ``proficiency pay for enlisted members'' in
section catchline.
Subsec. (a). Pub. L. 98-525 substituted provisions directing that an
enlisted member who is entitled to basic pay and is performing duties
which have been designated under subsection (b) of this section as
extremely difficult or as involving an unusual degree of responsibility
in a military skill may, in addition to other pay or allowances to which
he is entitled, be paid special duty assignment pay at a monthly rate
not to exceed $275, for provisions which directed that an enlisted
member of a uniformed service who was entitled to basic pay and was
designated as being specially proficient in a military skill of the
uniformed service concerned could (1) be advanced to an enlisted pay
grade that was higher than his pay grade at the time of his designation
and be entitled to the basic pay and special or incentive pay of that
higher grade, or (2) in addition to other pay or allowances to which he
was entitled under this title, be paid proficiency pay at a monthly rate
that was not more than the rate prescribed in a table for the
proficiency rating to which he was assigned, setting maximum monthly
rates of $50, $100, or $150.
Subsec. (b). Pub. L. 98-525 redesignated subsec. (c) as (b),
substituted references to special duty assignment pay for former
references to proficiency pay, and struck out provisions which had
authorized the Secretary to elect one of two methods formerly set out in
subsecs. (a)(1) and (a)(2) for paying each uniformed service under his
jurisdiction, with a proviso that if he elected to have proficiency pay
paid under former subsec. (a)(1) of this section, enlisted members in a
military grade or rank assigned to pay grade E-8 or E-9 could be paid
proficiency pay at a monthly rate that is not more than the highest rate
prescribed by subsection (a)(2) of this section, but if he elected to
have proficiency pay paid under subsection (a)(2) of this section, he
could prescribe, within the limitations set forth in that subsection,
the pay for each proficiency rating prescribed therein. Former subsec.
(b), which had provided that an enlisted member who had less than 8 or
10 years, as the case might be, of enlisted service computed under
section 205 of this title and who had been advanced under subsection
(a)(1) of this section to pay grade E-8 or E-9, respectively, was
entitled to the minimum amount of basic pay and special or incentive pay
prescribed for that pay grade until his years of service computed under
that section entitled him to a higher rate of those pays, was struck
out.
Subsecs. (c), (d). Pub. L. 98-525 redesignated subsec. (d) as (c)
and substituted ``armed forces under his jurisdiction'' for ``uniformed
services under his jurisdiction''. Former subsec. (c) redesignated (b)
and amended.
1968--Subsec. (d). Pub. L. 90-623 substituted ``Secretary of
Transportation'' for ``Secretary of the Treasury''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 2000 Amendment
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 632(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-157, provided that: ``The amendment made by
subsection (a) [amending this section] shall take effect October 1,
2000.''
Effective Date of 1996 Amendment
Section 619(b) of Pub. L. 104-106 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect on
January 1, 1996.''
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section
623(c) of Pub. L. 98-525, set out as a note under section 305a of this
title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968 see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Members Entitled to Special Pay as of September 30, 1984
Section 623(b)(3) of Pub. L. 98-525 provided that: ``A member of the
uniformed services who, on September 30, 1984, was entitled to special
pay under section 307 of title 37, United States Code [this section], as
in effect on such date, may continue to be paid the special pay
authorized by such section as though the amendments made by this
subsection [amending this section] had not been made. However, a member
may not be paid the special pay authorized by such section as in effect
on September 30, 1984, and the special pay authorized by such section as
amended by this section.''
Section Referred to in Other Sections
This section is referred to in sections 201, 907 of this title.
