§ 306. — Special pay: officers holding positions of unusual responsibility and of critical nature.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC306]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 306. Special pay: officers holding positions of unusual
responsibility and of critical nature
(a) 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 who is entitled to
the basic pay of pay grade O-6 or below and who is performing the duties
of such a position, at the following monthly rates:
------------------------------------------------------------------------
Pay Grade Monthly Rate
------------------------------------------------------------------------
O-6..................................................... $150
O-5..................................................... 100
O-4 and below........................................... 50
------------------------------------------------------------------------
(b) 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.
(c) Not more than 5 percent of the number of officers on active duty
(other than for training) 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.
(d) 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.
(e) 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. 87-649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90-623, Sec. 3(1),
Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-284, Sec. 6, June 28, 1980, 94
Stat. 593; Pub. L. 96-470, title II, Sec. 202(b), Oct. 19, 1980, 94
Stat. 2242; Pub. L. 97-322, title I, Sec. 116, Oct. 15, 1982, 96 Stat.
1586; Pub. L. 101-510, div. A, title XIII, Sec. 1322(c)(3), Nov. 5,
1990, 104 Stat. 1672; Pub. L. 102-587, title V, Sec. 5205, Nov. 4, 1992,
106 Stat. 5074; 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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306(a)................................ 37:241(a) (less last sentence). Oct. 12, 1949, ch. 681, Sec. 210;
added May 20, 1958, Pub. L. 85-
422, Sec. 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).
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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.
Amendments
2002--Subsec. (d). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
1992--Subsec. (a). Pub. L. 102-587, Sec. 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 providing monthly rate of $50 for pay grade O-3.
Subsec. (c). Pub. L. 102-587, Sec. 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 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.
1980--Subsec. (e). Pub. L. 96-284 made section inapplicable to a
person entitled to special pay under section 302a or 302b of this title.
Subsec. (f). Pub. L. 96-470 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.
1968--Subsecs. (d), (f). 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 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on October 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.
