37 U.S.C. § 306 | Special pay: officers holding positions of unusual responsibility and of critical nature

(a)

(1)

Pay Grade	Monthly Rate
O–6	$150
O–5	100
O–4 and below	50

The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay special pay, in addition to other pay prescribed by law, to an officer of an armed force described in paragraph (2) who is performing the duties of such a position, at the following monthly rates:

(2)

section 204 of this title section 206 of this title An officer of the armed forces referred to in paragraph (1) is an officer who is entitled to the basic pay under , or the compensation under , of pay grade O–6 or below.

(b)

section 206 of this title¹₃₀ If an officer entitled to compensation under is paid special pay under subsection (a) for the performance of duties in a position designated under such subsection, the special pay shall be paid at the rate of ⁄ of the monthly rate authorized by such subsection for each day of the performance of duties in the designated position.

(c)

The Secretary concerned shall prescribe the criteria and circumstances under which officers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay.

(d)

(1)

Not more than 5 percent of the number of officers on active duty (other than for training or mobilization in support of a contingency operation) in an armed force in each of the pay grades O–3 and below, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade O–4, O–5, or O–6, may be paid special pay under this section.

(2)

Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training or mobilization in support of a contingency operation), not more than 5 percent of the number of such officers in each of the pay grades O–3 and below, and not more than 10 percent of the number of such officers in pay grade O–4, O–5, or O–6, may be paid special pay under subsection (b).

(e)

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.

(f)

This section does not apply to a person who is entitled to special pay under section 302, 302a, 302b, or 303 of this title.

Pub. L. 87–649Sept. 7, 196276 Stat. 466 Pub. L. 90–623, § 3(1)Oct. 22, 196882 Stat. 1314 Pub. L. 96–284, § 6June 28, 198094 Stat. 593 Pub. L. 96–470, title II, § 202(b)Oct. 19, 198094 Stat. 2242 Pub. L. 97–322, title I, § 116Oct. 15, 198296 Stat. 1586 Pub. L. 101–510, div. A, title XIII, § 1322(c)(3)Nov. 5, 1990104 Stat. 1672 Pub. L. 102–587, title V, § 5205Nov. 4, 1992106 Stat. 5074 Pub. L. 107–296, title XVII, § 1704(c)Nov. 25, 2002116 Stat. 2314 Pub. L. 108–136, div. A, title VI, § 616Nov. 24, 2003117 Stat. 1502(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
306(a)	37:241(a) (less last sentence).	Oct. 12, 1949, ch. 681, § 210; added May 20, 1958, Pub. L. 85–422, § 1(8), 72 Stat. 126.
306(b)	37:241(a) (last sentence).
306(c)	37:241(b).
306(d)	37:241(c).
306(e)	37:241(d).
306(f)	37:241(e).

In subsection (a), the words “an armed force under his jurisdiction” are substituted for the words “the service concerned” in the first sentence of section 241(a) of existing title 37 to conform to the last sentence of that subsection.

In subsection (c), the words “(other than for training)” are inserted for clarity, since members on duty for training only are not included in computing strength authorizations.

Editorial Notes

Amendments

Pub. L. 108–136, § 616(a)(1)2003—Subsec. (a). , designated existing provisions as par. (1), substituted “described in paragraph (2)” for “who is entitled to the basic pay of pay grade O–6 or below and”, and added par. (2).

Pub. L. 108–136, § 616(a)(3)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 108–136, § 616(a)(2)Subsec. (c). , redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Pub. L. 108–136, § 616(b)Subsec. (d). , designated existing 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).

Pub. L. 108–136, § 616(a)(2)Subsecs. (e), (f). , redesignated subsecs. (d) and (e) as (e) and (f), respectively.

Pub. L. 107–2962002—Subsec. (d). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 102–587, § 5205(a)1992—Subsec. (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 providing monthly rate of $50 for pay grade O–3.

Pub. L. 102–587, § 5205(b)Subsec. (c). , substituted “in each of the pay grades O–3 and below,” for “in pay grade O–3,”.

Pub. L. 101–5101990—Subsec. (f). 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.”

Pub. L. 97–3221982—Subsec. (f). struck out last sentence 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.

Pub. L. 96–2841980—Subsec. (e). made section inapplicable to a person entitled to special pay under section 302a or 302b of this title.

Pub. L. 96–470Subsec. (f). substituted provision requiring 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 requiring 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 calendar year.

Pub. L. 90–6231968—Subsecs. (d), (f). substituted “Secretary of Transportation” for “Secretary of the Treasury”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–296 section 1704(g) of Pub. L. 107–296 section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.

Effective Date of 1968 Amendment

Pub. L. 90–623October 22, 1968section 6 of Pub. L. 90–623 section 5334 of Title 5Amendment by intended to restate without substantive change the law in effect on , see , set out as a note under , Government Organization and Employees.