
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[631,]
[Document affected by Public Law 106-398 Section 1[632(b)]]
[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 $275. 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.
    (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 Transportation for the Coast Guard when the 
Coast Guard is not operating as a service in the Navy.

(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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
307(a)................................  37:240(a).                           Oc
t. 12, 1949, ch. 681, Sec.  209;
307(b)................................  37:240(b).                            a
dded May 20, 1958, Pub. L. 85-
307(c)................................  37:240(c).                            4
22, 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

    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 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.''


                            Cross References

    Authorized daily average of members in pay grades E-8 and E-9, see 
section 517 of Title 10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in sections 201, 907 of this title.
