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37 U.S.C. § 351 — Hazardous duty pay

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

37 U.S.C. § 351 — Hazardous duty pay

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Source file: Laws/federal/codes/united-states-code/title-37/section-351-hazardous-duty-pay--2dda1c114b.md
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Source location: Title 37, Chapter 5, § 351; chapter-005-special-and-incentive-pays.md

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**(a) Hazardous Duty Pay.—** The Secretary concerned may pay hazardous duty pay under this section to a member of the uniformed services entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) who— (1) performs duty in a hostile fire area designated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical injury; (2) performs duty designated by the Secretary concerned as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; or (3) performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions. **(b) Maximum Amount.—** The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows: (1) In the case of a member who performs duty in a designated hostile fire area, as described in subsection (a)(1), hazardous duty pay may not exceed $450 per month. (2) In the case of a member who performs a designated hazardous duty, as described in subsection (a)(2), hazardous duty pay may not exceed $275 per month. (3) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in subsection (a)(3), hazardous duty pay may not exceed $275 per month. **(c) Method of Payment; Proration.—** (1) **Monthly payment.—** — Subject to paragraph (2), hazardous duty pay shall be paid on a monthly basis. (2) **Proration.—** — If a member does not satisfy the eligibility requirements specified in paragraph (1), (2), or (3) of subsection (a) for an entire month for receipt of hazardous duty pay— (A) in the case of hazardous duty pay payable under paragraph (1) of subsection (a), the Secretary concerned— (i) may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month; or (ii) in the case of a member who is exposed to hostile fire or an explosion of a hostile explosive device in or for a day or portion of a day, may, at the election of the Secretary, pay the member hazardous duty pay in an amount not to exceed the entire amount of hazardous duty pay that would be payable to the member under such paragraph (1) for the month in which the duty concerned occurs (with the total amount of hazardous duty pay paid the member under this clause in any given month not to exceed such entire amount); and (B) in the case of hazardous duty pay payable under paragraph (2) of subsection (a), the Secretary concerned— (i) may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month; and (ii) in the case of member 11 So in original. Probably should be preceded by “a”. who performs hazardous duty specifically designated by the Secretary concerned, shall pay the member hazardous duty pay in an amount not to exceed the maximum amount of hazardous duty pay that would be payable to the member under subsection (b)(2) for the entire month, regardless of the duration of the qualifying service. (C) In the case of hazardous duty pay payable under paragraph (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month. **(d) Administration and Retroactive Payments.—** The effective date for the designation of a hostile fire area, as described in paragraph (1) of subsection (a), and for the designation of a foreign area as an imminent danger area, as described in paragraph (3) of such subsection, may be a date that occurs before, on, or after the actual date of the designation by the Secretary concerned. **(e) Determination of Fact.—** Any determination of fact that is made in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1) is conclusive. The determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determination on the basis of new evidence or for other good cause. **(f) Relationship to Other Pay and Allowances.—** (1) **In addition to other pay and allowances.—** — A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (2) of subsection (a), or for duty in certain designated areas, as described in paragraph (1) or (3) of such subsection, that is performed by a member during a single month of service. (2) **Limitation.—** — A member may not receive hazardous duty pay under this section for a month for more than three qualifying instances described in subsection (a)(2). **(g) Prohibition on Variable Rates.—** The regulations prescribed to administer this section may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members. **(h) Termination of Authority.—** No hazardous duty pay under this section may be paid after December 31, 2026.

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

37 U.S.C. § 204 — Entitlement

**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)— (1) a member of a uniformed service who is on active duty; and (2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32. **(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty. **(c)** (1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit. (2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph. (3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 204

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

37 U.S.C. § 206 — Reserves; members of National Guard; members of the Space Force: inactive-duty training

**(a)** Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force who is not entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), is entitled to compensation, at the rate of 1⁄30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay— (1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; (2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe; (3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated— (A) in line of duty while performing— (i) active duty; or (ii) inactive-duty training; (B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or (C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 206

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

10 U.S.C. § 1074d — Certain primary and preventive health care services

**(a) Services Available.—** (1) Female members and former members of the uniformed services entitled to medical care under section 1074 or 1074a of this title shall also be entitled to primary and preventive health care services for women as part of such medical care. The services described in paragraphs (1) and (2) of subsection (b) shall be provided under such procedures and at such intervals as the Secretary of Defense shall prescribe. (2) Male members and former members of the uniformed services entitled to medical care under section 1074 or 1074a of this title shall also be entitled to preventive health care screening for colon or prostate cancer at such intervals and using such screening methods as the administering Secretaries consider appropriate. **(b) Definition.—** In this section, the term “primary and preventive health care services for women” means health care services, including related counseling services, provided to women with respect to the following: (1) Cervical cancer screening. (2) Breast cancer screening, including through the use of digital breast tomosynthesis. (3) Comprehensive obstetrical and gynecological care, including care related to pregnancy and the prevention of pregnancy. (4) Infertility and sexually transmitted diseases, including prevention. (5) Menopause, including hormone replacement therapy and counseling regarding the benefits and risks of hormone replacement therapy. (6) Physical or psychological conditions arising out of acts of sexual violence. (7) Gynecological cancers. (8) Colon cancer screening, at the intervals and using the screening methods prescribed under subsection (a)(2).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1074d

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

37 U.S.C. § 353 — Skill incentive pay or proficiency bonus

**(a) Skill Incentive Pay.—** The Secretary concerned may pay a monthly skill incentive pay to a member of the uniformed services who— (1) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim); and (2) serves in a career field or skill designated as critical by the Secretary concerned. **(b) Skill Proficiency Bonus.—** (1) **Availability; eligible persons.—** — The Secretary concerned may pay a proficiency bonus to a member of the uniformed services who— (A) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) or is enrolled in an officer training program; and (B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned. (2) **Inclusion of certain senior rotc members.—** — A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a mon

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 353

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

37 U.S.C. § 372 — Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action

**(a) Continuation of Pays.—** If a member of a uniformed service incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while exposed to a hostile fire event, as described under [section 351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351&num=0&edition=prelim), and is hospitalized for treatment of the wound, injury, or illness, the Secretary concerned may continue to pay to the member, notwithstanding any provision of this chapter to the contrary, all pay and allowances (including any bonus, incentive pay, or similar benefit) that were being paid to the member at the time the member incurred the wound, injury, or illness. **(b) Duration.—** The payment of pay and allowances to a member under subsection (a) may continue until the end of the first month beginning after the earliest of the following dates: (1) The date on which the member is returned for assignment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Secretary of a military department, the date on which the member is determined fit for duty. (2) One year after the date on which the member is first hospitalized for the treatment of the wound, injury, or illness, except that the Secretary concerned may extend the termination date in six-month increments. (3) The date on which the member is discharged, separated, or retired (including temporary disability retirement) from the uniformed services. **(c) Bonus, Incentive Pay, or Similar Benefit Defined.—** In this section, the term “bonus, incentive pay, or similar benefit” means a bonus, incentive pay, special pay, or similar payment paid to a member of the u

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 372

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

37 U.S.C. § 351 — Hazardous duty pay

Page 138 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 336 ‘‘(1) DESIGNATION OF CRITICALLY SHORT WARTIME HEALTH SPECIALTIES.—For purposes of section 335 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 169), the following health professions are designated as a critically short wartime specialty under subsection (a)(2) of such sec- tion: ‘‘(A) Psychologists who have been awarded a di- ploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully li- censed and such other mental health practitioners as the Secretary concerned determines to be necessary. ‘‘(B) Registered nurses. ‘‘(2) SPECIAL AGREEMENT AUTHORITY.—Under the au- thority provided by this section [enacting this note and section 302c–1 of this title], the Secretary concerned may enter into an agreement under subsection (f) of section 335 of title 37, United States Code, to pay a health professions bonus under such section to a person who accepts a commission or appointment as an officer and whose health profession specialty is specified in paragraph (1) of this subsection. ‘‘(3) SECRETARY CONCERNED DEFINED.—In this sub- section, the term ‘Secretary concerned’ has the mean- ing given that term in section 101(5) of title 37, United States Code. ‘‘(4) EFFECTIVE PERIOD.—The designations made by this subsection and the authority to enter into an agreement under paragraph (2) of this subsection expire on September 30, 2010.’’ § 336. Contracting bonus for cadets and mid- shipmen enrolled in the Senior Reserve Offi- cers’ Training Corps (a) CONTRACTING BONUS AUTHORIZED.—The Sec- retary concerned may pay a bonus under this section to a cadet or mid

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 351

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