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5 U.S.C. § 5949 — Hostile fire pay

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5949 — Hostile fire pay

**(a)** The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was— (1) subject to hostile fire or explosion of hostile mines; (2) on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or (3) killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action. **(b)** An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three additional months during which the employee is so hospitalized. **(c)** An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an employee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under [section 5925 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5925&num=0&edition=prelim) because of exposure to political violence or payment under [section 5928 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5928&num=0&edition=prelim).

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Source location: Title 5, Chapter 59, § 5949; chapter-059-allowances.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5928 — Danger pay allowance

An employee serving in a foreign area may be granted a danger pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed 35 percent of the basic pay of the employee, except that if an employee is granted an additional differential under [section 5925(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5925/b&num=0&edition=prelim) with respect to an assignment, the sum of that additional differential and any danger pay allowance granted to the employee with respect to that assignment may not exceed 35 percent of the basic pay of the employee. The presence of nonessential personnel or dependents shall not preclude payment of an allowance under this section. In each instance where an allowance under this section is initiated or terminated, the Secretary of State shall inform the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of the action taken and the circumstances justifying it.

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5 U.S.C. § 5925 — Post differentials

**(a)** A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential under this subsection may not exceed 35 percent of the rate of basic pay. **(b)** Any employee granted a differential under subsection (a) of this section may be granted an additional differential for an assignment to a post determined to have especially adverse conditions of environment which warrant additional pay as a recruitment and retention incentive for the filling of positions at that post. An additional differential for any employee under this subsection— (1) may be paid for each assignment to a post determined to have such conditions; (2) may be paid periodically or in a lump sum; and (3) may not exceed 15 percent of the rate of basic pay of that employee for the period served under that assignment.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1724 — Contracting positions: qualification requirements

**(a) Contracting Officers.—** The Secretary of Defense shall require that, in order to qualify to serve in an acquisition position as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold referred to in [section 3205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim), an employee of the Department of Defense or member of the armed forces (other than the Coast Guard) must, except as provided in subsections (c) and (d)— (1) have completed all contracting courses required for a contracting officer (A) in the case of an employee, serving in the position within the grade of the General Schedule in which the employee is serving, and (B) in the case of a member of the armed forces, in the member’s grade; (2) have at least two years of experience in a contracting position; (3) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees; and (4) meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense for the position. **(b) GS–1102 Series Positions and Similar Military Positions.—** (1) The Secretary of Defense shall require that in order to qualify to serve in a position in the Department of Defense that is in the GS–1102 occupational series an employee or potential employee of the Department of Defense meet the requirement set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to serve in such a position an employee or potential employee meet any of the requirements of paragraphs (1) and (2) of that subsection. (

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5 U.S.C. § 5949 — Hostile fire pay

Page 785 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5949 ance to be increased to a rate which, if applied through- out such year, would cause the limitation under section 5948(a)(2) of such title (as amended by this section), or any other applicable limitation, to be exceeded.’’ EFFECTIVENESS OF SERVICE AGREEMENTS LIMITED BY APPROPRIATION ACTS Pub. L. 103–114, § 1(a)(3), Oct. 26, 1993, 107 Stat. 1115, provided that: ‘‘Any service agreement entered into on or after the date of the enactment of this Act [Oct. 26, 1993] pursuant to section 5948 of title 5, United States Code, as amended by paragraph (1), shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.’’ DUE DATE FOR FIRST ANNUAL REPORT ON OPERATION OF SECTION Pub. L. 103–114, § 2(b), Oct. 26, 1993, 107 Stat. 1116, pro- vided that: ‘‘The first report under section 5948(j) of title 5, United States Code, as amended by subsection (a), shall be due not later than June 30, 1994.’’ PAY OF CERTAIN FEDERAL PHYSICIANS FOR FISCAL YEAR 1982 Pub. L. 98–168, title I, § 103, Nov. 29, 1983, 97 Stat. 1105, provided that any individual whose aggregate pay for fiscal year 1982 exceeded the limitation set forth in sec- tion 5383(b) of this title is relieved of all liability to the United States for any amounts paid to such individual in excess of such limitation if, and to the extent that, such liability takes into account any allowance paid under this section, provided for repayment to individ- uals relieved from liability of amounts already paid, and defined the terms ‘‘aggregate pay’’, ‘‘appropriate agency head’’, and ‘‘agency’’. SERVICE AGREEMENTS ENTERED INTO ON OR AFTER DE- CEMBER 29, 1981; ADVANCE AUTHORIZATION; FISCAL YEAR 1982 Pub. L. 97–141, §

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