§ 306. Special pay: officers holding positions of unusual responsibility and of critical nature

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Pub. L. 87–649 · 76 Stat. 451

   Enacted · 37 U.S.C. § 306

   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 466

   Source evidence

   Code source credit
   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 466

2. 1968

   Pub. L. 90–623 § 3(1) · 82 Stat. 1312

   Substituted · 37 U.S.C. § 306(d); 37 U.S.C. § 306(f)

   Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”

   Source evidence

   Code amendment note
   Subsecs. (d), (f). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.

   Enacted provision · exact public law section
   (1) In sections 101(5)(D), 306 (d) and (f), 307(d), 308 (e) and (g), 417 (a) and (b), 703, 1001(c), and 1006(f) strike out “the Treasury” wherever they appear and insert in place thereof “Transportation”;

3. 1980

   Uniformed Services Health Professionals Special Pay Act of 1980

   Pub. L. 96–284 § 6 · 94 Stat. 587

   Changed · 37 U.S.C. § 306(e)

   Pub. L. 96–284 made section inapplicable to a person entitled to special pay under section 302a or 302b of this title

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 96–284 made section inapplicable to a person entitled to special pay under section 302a or 302b of this title.

   Enacted provision · exact public law section
   Sec. 6. technical amendment Section 306(e) of title 37, United States Code, relating to exclusions from special pay for officers holding positions of unusual responsibility, is amended by striking out “302 or 303” and inserting in lieu thereof “302,302a, 302b, or 303”.

4. 1980

   Congressional Reports Elimination Act of 1980

   Pub. L. 96–470 title II § 202(b) · 94 Stat. 2237

   Substituted · 37 U.S.C. § 306(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Section 306(f) of title 37, United States Code, is amended by striking out the first sentence and inserting in lieu thereof “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.”.

5. 1982

   Coast Guard Authorization Act of 1982

   Pub. L. 97–322 title I § 116 · 96 Stat. 1581

   Struck · 37 U.S.C. § 306(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 116. Section 306(f) of title 37, United States Code, is amended by striking out “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.”.

6. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title XIII § 1322(c)(3) · 104 Stat. 1485

   Struck · 37 U.S.C. § 306(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (3) Section 306 is amended by striking out subsection (f).

7. 1992

   Coast Guard Authorization Act of 1992

   Pub. L. 102–587 § 5205(a) · 106 Stat. 5039

   1. Substituted · 37 U.S.C. § 306(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

   2. Substituted · 37 U.S.C. § 306(a)

      Pub. L. 102–587, § 5205(a), amended table by substituting “O–4 and below” for “O–4”

   3. Struck · 37 U.S.C. § 306(a)

      Pub. L. 102–587, § 5205(a), striking out line providing monthly rate of $50 for pay grade O–3

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 306(a) of title 37, United States Code, is amended by striking “of pay grade O-3, O-4, O-5, or O-6” and inserting “of pay grade 0–6 or below”, and by striking the chart and inserting the following new chart: “Pay Grade Monthly Rate O–6 $150   O–5 100   O–4 and below 50”.

8. 1992

   Coast Guard Authorization Act of 1992

   Pub. L. 102–587 § 5205(b) · 106 Stat. 5039

   Substituted · 37 U.S.C. § 306(c)

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

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (b) Section 306(c) of title 37, United States Code, is amended by striking “in pay grade 0–3,” and inserting “in each of the pay grades 0–3 and below,”.

9. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1704(c) · 116 Stat. 2135

   Substituted · 37 U.S.C. § 306(d)

   Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

   Enacted provision · exact public law section
   (c) Title 37, United States Code.— Title 37, United States Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

   Effective date note
   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.

10. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 616(a)(1) · 117 Stat. 1392

    1. Amended · 37 U.S.C. § 306(a)

       Pub. L. 108–136, § 616(a)(1), designated existing provisions as par. (1)

    2. Substituted · 37 U.S.C. § 306(a)

       Pub. L. 108–136, § 616(a)(1), substituted “described in paragraph (2)” for “who is entitled to the basic pay of pay grade O–6 or below and”

    3. Added · 37 U.S.C. § 306(a)

       Pub. L. 108–136, § 616(a)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–136, § 616(a)(1), 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).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by inserting “(1)” after “(a)”; (B) by striking “who is entitled to the basic pay of pay grade O–6 or below and” and inserting “described in paragraph (2)”; and (C) by adding at the end the following new paragraph: “(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.” ;

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 616(a)(3) · 117 Stat. 1392

    Redesignated · 37 U.S.C. § 306(b)

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

    Source evidence

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

    Enacted provision · exact public law section
    (3) by inserting after subsection (a) the following new subsection (b): “(b) If an officer entitled to compensation under section 206 of this title 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 1⁄30 of the monthly rate authorized by such subsection for each day of the performance of duties in the designated position.” .

12. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 616(a)(2) · 117 Stat. 1392

    Redesignated · 37 U.S.C. § 306(c)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and

13. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 616(b) · 117 Stat. 1392

    1. Amended · 37 U.S.C. § 306(d)

       Pub. L. 108–136, § 616(b), designated existing provisions as par. (1)

    2. Inserted · 37 U.S.C. § 306(d)

       Pub. L. 108–136, § 616(b), inserted “or mobilization in support of a contingency operation” after “training”

    3. Added · 37 U.S.C. § 306(d)

       Pub. L. 108–136, § 616(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–136, § 616(b), designated existing provisions as par. (1), inserted “or mobilization in support of a contingency operation” after “training”, and added par. (2).

    Enacted provision · exact public law section
    (b) Limitation.— Subsection (d) of such section, as redesignated by subsection (a)(2) of this section, is amended— (1) by inserting “(1)” after “(d)”; (2) in paragraph (1), as so designated, by inserting “or mobilization in support of a contingency operation” after “training”; and (3) by adding at the end the following new paragraph: “(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).” .

14. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 616(a)(2) · 117 Stat. 1392

    Redesignated · 37 U.S.C. § 306(d)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–136, § 616(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and

15. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 616(a)(2) · 117 Stat. 1392

    Redesignated · 37 U.S.C. § 306(e); 37 U.S.C. § 306(f)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and

20 of 21 references resolved to an enrolled provision · 1 partial