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37 U.S.C. § 352 — Assignment pay or special duty pay

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

37 U.S.C. § 352 — Assignment pay or special duty pay

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Source file: Laws/federal/codes/united-states-code/title-37/section-352-assignment-pay-or-special-duty-pay--4e84dbfe70.md
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Source location: Title 37, Chapter 5, § 352; chapter-005-special-and-incentive-pays.md

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**(a) Assignment or Special Duty Pay Authorized.—** The Secretary concerned may pay assignment or special duty pay under this section 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) performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned. **(b) Maximum Amount and Method of Payment.—** (1) **Lump sum or installments.—** — Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member’s actual qualifying service during the month. (2) **Maximum monthly amount.—** — The maximum monthly amount of assignment or special duty pay may not exceed $5,000. (3) **Maximum lump sum amount.—** — The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of— (A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and (B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement. (4) **Maximum installment amount.—** — The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to— (A) the product of— (i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; and (ii) the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by (B) the number of installments over such period. (5) **Effect of extension.—** — If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection. **(c) Written Agreement.—** (1) **Discretionary for monthly payments.—** — The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay. (2) **Required for lump sum or installment payments.—** — The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment. **(d) Reserve Component Members Performing Inactive Duty Training.—** A member of a reserve component entitled to compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) who is authorized assignment or special duty pay under this section may be paid an amount of assignment or special duty pay that is proportionate to the compensation received by the member under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) for inactive-duty training. **(e) Relationship to Other Pay and Allowances.—** Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. **(f) Repayment.—** A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) for receipt of such pay shall be subject to the repayment provisions of [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section373&num=0&edition=prelim). **(g) Termination of Authority.—** No agreement may be entered into under this section 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

14 U.S.C. § 339 — Prevention and response workforces

**(a) Career Paths.—** The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Secretary shall make available published information on such career paths. **(b) Qualifications for Certain Assignments.—** An officer, member, or civilian employee of the Coast Guard assigned as a— (1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under [section 3316 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3316&num=0&edition=prelim) for the type of vessel, system, or equipment that is inspected; (2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities; (3) marine safety engineer shall have knowledge, skill, and practical experience in— (A) the construction and operation of commercial vessels; (B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or (C) the qualifications and training of vessel personnel; (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to maritime transportation system management; or (5)

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 339

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

37 U.S.C. § 373 — Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met

**(a) Repayment and Termination.—** Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member’s satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement. **(b) Exceptions.—** (1) **Discretion to provide exception to termination and repayment requirements.—** — Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. (2) **Special rule for deceased and disabled members.—** (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned— (i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and (ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incen

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 373

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

37 U.S.C. § 352 — Assignment pay or special duty pay

Page 140 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 352 A, title VI, § 601(d)(6), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 118–31, div. A, title VI, § 613(d)(6), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118–159, div. A, title VI, § 611(d)(6), Dec. 23, 2024, 138 Stat. 1932.) Editorial Notes AMENDMENTS 2024—Subsec. (h). Pub. L. 118–159 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Subsec. (h). Pub. L. 118–31 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2023’’. 2022—Subsec. (h). Pub. L. 117–263 substituted ‘‘Decem- ber 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (b)(2), (3). Pub. L. 116–283, § 613, sub- stituted ‘‘$275’’ for ‘‘$250’’. Subsec. (c)(2)(A)(i). Pub. L. 116–283, § 614(1)(A), sub- stituted ‘‘may prorate’’ for ‘‘shall prorate’’. Subsec. (c)(2)(B). Pub. L. 116–283, § 614(1)(B), (C), sub- stituted ‘‘paragraph (2)’’ for ‘‘paragraph (2) or (3)’’, ‘‘the Secretary concerned—’’ for ‘‘the Secretary concerned may prorate the payment amount to reflect the dura- tion of the member’s actual qualifying service during the month.’’, and added cls. (i) and (ii). Subsec. (c)(2)(C). Pub. L. 116–283, § 614(1)(C), added sub- par. (C). Subsec. (h). Pub. L. 117–81 substituted ‘‘December 31, 2022’’ for ‘‘December 31, 2021’’. Pub. L. 116–283, §§ 611(d)(6), 614(2), made identical amendments, substituting ‘‘December 31, 2021’’ for ‘‘De- cember 31, 2020’’. 2019—Subsec. (h). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (h). Pub. L. 115–232 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (h). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (h). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘Decembe

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 352

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