37 U.S.C. § 307 — Special pay: special duty assignment pay

Page 81 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 307 Subsec. (c). Pub. L. 108–136, § 616(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 108–136, § 616(b), designated exist- ing provisions as par. (1), inserted ‘‘or mobilization in support of a contingency operation’’ after ‘‘training’’, and added par. (2). Pub. L. 108–136, § 616(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsecs. (e), (f). Pub. L. 108–136, § 616(a)(2), redesig- nated subsecs. (d) and (e) as (e) and (f), respectively. 2002—Subsec. (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1992—Subsec. (a). Pub. L. 102–587, § 5205(a), substituted ‘‘of pay grade O–6 or below’’ for ‘‘of pay grade O–3, O–4, O–5, or O–6’’ in text and amended table by substituting ‘‘O–4 and below’’ for ‘‘O–4’’ and striking out line pro- viding monthly rate of $50 for pay grade O–3. Subsec. (c). Pub. L. 102–587, § 5205(b), substituted ‘‘in each of the pay grades O–3 and below,’’ for ‘‘in pay grade O–3,’’. 1990—Subsec. (f). Pub. L. 101–510 struck out subsec. (f) which read as follows: ‘‘The Secretary of Defense shall report to Congress by March 1 of each year following a calendar year in which special pay is disbursed under this section. Negative reports need not be submitted.’’ 1982—Subsec. (f). Pub. L. 97–322 struck out last sen- tence providing that the Secretary of Transportation shall make a similar report for the Coast Guard when the Coast Guard is not operating as a service in the Navy. 1980—Subsec. (e). Pub. L. 96–284 made section inappli- cable to a person entitled to special pay under section 302a or 302b of this title. Subsec. (f). Pub. L. 96–470 substituted provision re- quiring the Secretary of Defense to report by Mar. 1 of each year following a calendar year in which special pay is disbursed under this section and providing that negative reports need not be submitted for provision re- quiring the Secretary of Defense to report by Mar. 1 of each year on the administration of this section within each military department during the preceding cal- endar year. 1968—Subsecs. (d), (f). Pub. L. 90–623 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’. Statutory Notes and Related Subsidiaries 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 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Octo- ber 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organi- zation and Employees. § 306a. Special pay: members assigned to inter- national military headquarters Not more than nine members of the armed forces, including members detailed to inter- national military headquarters, may be paid pay and allowances at rates referred to in section 625(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)). (Added Pub. L. 98–525, title XIV, § 1402(b)(1), Oct. 19, 1984, 98 Stat. 2621.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in the following prior appropriations acts: Oct. 12, 1984, Pub. L. 98–473, title I, § 101(h) [title VIII, § 8005], 98 Stat. 1904, 1922. Dec. 8, 1983, Pub. L. 98–212, title VII, § 708, 97 Stat. 1438. Dec. 21, 1982, Pub. L. 97–377, title I, § 101(c) [title VII, § 708], 96 Stat. 1833, 1850. Dec. 29, 1981, Pub. L. 97–114, title VII, § 708, 95 Stat. 1579. Dec. 15, 1980, Pub. L. 96–527, title VII, § 708, 94 Stat. 3081. Dec. 21, 1979, Pub. L. 96–154, title VII, § 708, 93 Stat. 1152. Oct. 13, 1978, Pub. L. 95–457, title VIII, § 808, 92 Stat. 1244. Sept. 21, 1977, Pub. L. 95–111, title VIII, § 807, 91 Stat. 899. Sept. 22, 1976, Pub. L. 94–419, title VII, § 707, 90 Stat. 1291. Feb. 9, 1976, Pub. L. 94–212, title VII, § 707, 90 Stat. 168. Oct. 8, 1974, Pub. L. 93–437, title VIII, § 807, 88 Stat. 1225. Jan. 2, 1974, Pub. L. 93–238, title VII, § 707, 87 Stat. 1038. Oct. 26, 1972, Pub. L. 92–570, title VII, § 707, 86 Stat. 1196. Dec. 18, 1971, Pub. L. 92–204, title VII, § 707, 85 Stat. 727. Jan. 11, 1971, Pub. L. 91–668, title VIII, § 807, 84 Stat. 2030. Dec. 29, 1969, Pub. L. 91–171, title VI, § 607, 83 Stat. 480. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of Title 10, Armed Forces. § 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 ex- tremely difficult or as involving an unusual de- gree 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 el- igible 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 De- fense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not op- erating as a service in the Navy. (d)(1) Under regulations prescribed by the Sec- retary concerned and to the extent provided for by appropriations, when an enlisted member of Page 82 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 307 the National Guard or a reserve component of a uniformed service who is entitled to compensa- tion 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 com- pensation equal to 1⁄30 of the monthly special duty assignment pay prescribed by the Sec- retary concerned for the performance of that same duty by members described in subsection (a). (2) A member of the National Guard or a re- serve component entitled to an increase in com- pensation under paragraph (1) is entitled to the increase— (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. (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, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 98–525, title VI, § 623(b)(1), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VI, § 619(a), Feb. 10, 1996, 110 Stat. 363; Pub. L. 106–398, § 1 [[div. A], title VI, §§ 631, 632(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 307(a) ...... 307(b) ...... 307(c) ...... 307(d) ...... 37:240(a). 37:240(b). 37:240(c). 37:240(d). Oct. 12, 1949, ch. 681, § 209; added May 20, 1958, Pub. L. 85–422, § 1(8), 72 Stat. 125. In subsection (a)(1), the words ‘‘prescribed in section 232(a) of this title’’ and ‘‘in accordance with his cumu- lative 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 as- signed, 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 ‘‘cumu- lative . . . for pay purposes’’. Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VI, § 631], substituted ‘‘$600’’ for ‘‘$275’’ and struck out at end ‘‘In the case of a member who is serving as a mili- tary recruiter and is eligible for special duty assign- ment pay under this subsection on account of such duty, the Secretary concerned may increase the month- ly rate of special duty assignment pay for the member to not more than $375.’’ Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 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 re- cruiter and is eligible for special duty assignment pay under this subsection on account of such duty, the Sec- retary concerned may increase the monthly rate of spe- cial 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 sec- tion’’ after ‘‘subsection (a)’’. 1984—Pub. L. 98–525 substituted ‘‘special duty assign- ment pay for enlisted members’’ for ‘‘proficiency pay for enlisted members’’ in section catchline. Subsec. (a). Pub. L. 98–525 substituted provisions di- recting that an enlisted member who is entitled to basic pay and is performing duties which have been des- ignated under subsection (b) of this section as ex- tremely 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 en- listed member of a uniformed service who was entitled to basic pay and was designated as being specially pro- ficient in a military skill of the uniformed service con- cerned 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 as- signed, 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 Sec- retary 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 sub- sec. (a)(1) of this section, enlisted members in a mili- tary 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 sub- section (a)(2) of this section, but if he elected to have proficiency pay paid under subsection (a)(2) of this sec- tion, 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 sec- tion to pay grade E–8 or E–9, respectively, was entitled to the minimum amount of basic pay and special or in- centive 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 juris- diction’’ for ‘‘uniformed services under his jurisdic- tion’’. Former subsec. (c) redesignated (b) and amended. 1968—Subsec. (d). Pub. L. 90–623 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’. Statutory Notes and Related Subsidiaries 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 Page 83 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 307a 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, § 1 [[div. A], title VI, § 632(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–157, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall take effect October 1, 2000.’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title VI, § 619(b), Feb. 10, 1996, 110 Stat. 363, 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 Pub. L. 98–525, title VI, § 623(b)(3), Oct. 19, 1984, 98 Stat. 2542, provided that: ‘‘A member of the uniformed services who, on September 30, 1984, was entitled to spe- cial pay under section 307 of title 37, United States Code [this section], as in effect on such date, may con- tinue to be paid the special pay authorized by such sec- tion as though the amendments made by this sub- section [amending this section] had not been made. However, a member may not be paid the special pay au- thorized by such section as in effect on September 30, 1984, and the special pay authorized by such section as amended by this section.’’ § 307a. Special pay: assignment incentive pay (a) AUTHORITY.—The Secretary concerned may pay incentive pay under this section to a mem- ber of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incen- tive pay payable under this section may be paid on a monthly basis, in a lump sum, or in install- ments. (b) WRITTEN AGREEMENT.—(1) The Secretary concerned may require a member performing service in an assignment designated under sub- section (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a monthly basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to sub- section (c), the monthly rate of the incentive pay. (2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this sec- tion. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each install- ment, of the incentive pay. (c) MAXIMUM RATE OR AMOUNT.—(1) The max- imum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000. (2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of— (A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and (B) the number of months in the period for which incentive pay will be paid pursuant to the agreement. (3) The amount of each installment payment of incentive pay payable to a member on an in- stallment basis under this section shall be the amount equal to— (A) the product of (i) a monthly rate speci- fied in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by (B) the number of installments over such pe- riod. (4) If a member extends an assignment speci- fied in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in install- ments in accordance with this section. (d) REPAYMENT.—A member who enters into an agreement under this section and receives incen- tive pay under the agreement in a lump sum or installments, but who fails to complete the pe- riod of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title. (e) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.—Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. (f) STATUS NOT AFFECTED BY TEMPORARY DUTY OR LEAVE.—The service of a member in an as- signment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of— (1) temporary duty performed by the mem- ber pursuant to orders; or (2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty. (g) TERMINATION OF AUTHORITY.—No agree- ment under this section may be entered into after December 31, 2018. (Added Pub. L. 107–314, div. A, title VI, § 616(a)(1), Dec. 2, 2002, 116 Stat. 2569; amended Pub. L. 108–375, div. A, title VI, §§ 614(b), 617(a), (b), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109–163, div. A, title VI, §§ 624(b), 628, 687(b)(13), Jan. 6, 2006, 119 Stat. 3295, 3296, 3329; Pub. L. 109–364, div. A,