§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:

(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 Transportation 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, §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 .)

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

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 providing 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 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 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.