37 U.S.C. § 306 — Special pay: officers holding positions of

Page 80 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 306 cruitment or retention concerns in that armed force. (b) MONTHLY RATE.—The monthly rate of spe- cial pay under subsection (a) may not exceed $150. (c) INCLUSION OF RESERVE COMPONENT MEM- BERS PERFORMING INACTIVE DUTY TRAINING.—(1) To the extent funds are made available to carry out this subsection, the Secretary of a military department may pay the special pay under sub- section (a) to members of a reserve component of the armed forces who are entitled to com- pensation under section 206 of this title and who perform duty under orders as members of a Weapons of Mass Destruction Civil Support Team. (2) The amount of the special pay for a mem- ber referred to in paragraph (1) shall be equal to 1⁄30 of the monthly special pay rate in effect under subsection (b) for each day on which the member performs duty under orders as members of a Weapons of Mass Destruction Civil Support Team. (d) REGULATIONS.—Special pay under this sec- tion shall be provided in accordance with regula- tions prescribed by the Secretary of Defense. (e) DEFINITION.—In this section, the term ‘‘Weapons of Mass Destruction Civil Support Team’’ means a team of members of the reserve components of the armed forces that is estab- lished under section 12310(c) of title 10 in sup- port of emergency preparedness programs to prepare for or to respond to any emergency in- volving the use of a weapon of mass destruction. (Added Pub. L. 108–136, div. A, title VI, § 624(a), Nov. 24, 2003, 117 Stat. 1505.) § 306. Special pay: officers holding positions of unusual responsibility and of critical nature (a)(1) The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his ju- risdiction 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: Pay Grade Monthly Rate O–6 ........................................................................... $150 O–5 ........................................................................... 100 O–4 and below .......................................................... 50 (2) An officer of the armed forces referred to in paragraph (1) is an officer who is entitled to the basic pay under section 204 of this title, or the compensation under section 206 of this title, of pay grade O–6 or below. (b) If an officer entitled to compensation under section 206 of this title is paid special pay under subsection (a) for the performance of du- ties in a position designated under such sub- section, the special pay shall be paid at the rate of 1⁄30 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 offi- cers 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 train- ing 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 per- cent 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 train- ing or mobilization in support of a contingency operation), not more than 5 percent of the num- ber 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 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. (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. 87–649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–284, § 6, June 28, 1980, 94 Stat. 593; Pub. L. 96–470, title II, § 202(b), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 97–322, title I, § 116, Oct. 15, 1982, 96 Stat. 1586; Pub. L. 101–510, div. A, title XIII, § 1322(c)(3), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–587, title V, § 5205, Nov. 4, 1992, 106 Stat. 5074; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title VI, § 616, Nov. 24, 2003, 117 Stat. 1502.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 306(a) ...... 37:241(a) (less last sen- tence). 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 sen- tence of that subsection. In subsection (c), the words ‘‘(other than for train- ing)’’ are inserted for clarity, since members on duty for training only are not included in computing strength authorizations. Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–136, § 616(a)(1), des- ignated existing provisions as par. (1), substituted ‘‘de- scribed in paragraph (2)’’ for ‘‘who is entitled to the basic pay of pay grade O–6 or below and’’, and added par. (2). Subsec. (b). Pub. L. 108–136, § 616(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). 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