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 ‘‘December 31, 2016’’. 2015—Subsec. (h). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (h). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (h). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (c)(2). Pub. L. 112–81, § 616(b), sub- stituted ‘‘receipt of hazardous duty pay—’’ for ‘‘receipt of hazardous duty pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.’’ and added subpars. (A) and (B). Subsec. (h). Pub. L. 112–81, § 614(6), substituted ‘‘De- cember 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsecs. (c) to (h). Pub. L. 111–84, § 618(b), added subsec. (c), redesignated former subsecs. (e) to (i) as (d) to (h), respectively, and struck out former subsecs. (c) and (d), which related to method of payment and re- serve component members performing inactive duty training. Subsec. (i). Pub. L. 111–84, § 618(b)(1), redesignated subsec. (i) as (h). Pub. L. 111–84, § 614(6), substituted ‘‘December 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (c). Pub. L. 110–417, § 618(d), substituted ‘‘paragraph (1) or (3) of subsection (a)’’ for ‘‘subsection (a)’’. Subsec. (f). Pub. L. 110–417, § 618(e), substituted ‘‘in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1)’’ for ‘‘in administering sub- section (a)’’ and struck out at end ‘‘The regulations prescribed to administer this section shall define the activities that are considered hazardous for purposes of subsection (a)(2).’’ § 352. Assignment pay or special duty pay (a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHOR- IZED.—The Secretary concerned may pay assign- ment or special duty pay under this section to a member of a regular or reserve component of the uniformed services who— (1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and (2) performs duties in an assignment, loca- tion (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary con- cerned. (b) MAXIMUM AMOUNT AND METHOD OF PAY- MENT.— (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 deter- mined by the Secretary concerned. If paid monthly, the Secretary concerned may pro- rate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an en- tire month to reflect the duration of the mem- ber’s actual qualifying service during the month. (2) MAXIMUM MONTHLY AMOUNT.—The max- imum monthly amount of assignment or spe- cial 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 sub- section (c); and (B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agree- ment. (4) MAXIMUM INSTALLMENT AMOUNT.—The amount of each installment payment of as- signment or special duty pay payable to a member on an installment basis may not ex- ceed the amount equal to— (A) the product of— (i) a monthly rate specified in the writ- ten agreement entered into under sub- section (c), which monthly rate may not exceed the maximum monthly rate author- ized 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 ex- tends 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 exten- sion may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection. Page 141 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 352 (c) WRITTEN AGREEMENT.— (1) DISCRETIONARY FOR MONTHLY PAYMENTS.— The Secretary concerned may require a mem- ber to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a month- ly 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 re- quire a member to enter into a written agree- ment with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The writ- ten 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 re- serve component entitled to compensation under section 206 of this title who is authorized assign- ment 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 for inactive-duty training. (e) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.—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 as- signment or special duty pay under this section and who fails to fulfill the eligibility require- ments under subsection (a) for receipt of such pay shall be subject to the repayment provisions of section 373 of this title. (g) TERMINATION OF AUTHORITY.—No agree- ment may be entered into under this section after December 31, 2025. (Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 173; amended Pub. L. 111–84, div. A, title VI, §§ 614(7), 618(c), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, § 614(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 614(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 614(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 614(7), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 614(8), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 614(8), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(8), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 614(8), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(d)(7), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(7), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(d)(7), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(d)(7), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§ 601(d)(7), 603(a), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 118–31, div. A, title VI, § 613(d)(7), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118–159, div. A, title VI, § 611(d)(7), Dec. 23, 2024, 138 Stat. 1932.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–159 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Subsec. (g). Pub. L. 118–31 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2023’’. 2022—Subsec. (a)(2). Pub. L. 117–263, § 603(a), inserted ‘‘(including a cold weather location)’’ after ‘‘location’’. Subsec. (g). Pub. L. 117–263, § 601(d)(7), substituted ‘‘December 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (g). Pub. L. 117–81 substituted ‘‘Decem- ber 31, 2022’’ for ‘‘December 31, 2021’’. Pub. L. 116–283 substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’. 2019—Subsec. (g). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (g). Pub. L. 115–232 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (g). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (g). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (g). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (g). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (g). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (g). Pub. L. 112–81 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (b)(1). Pub. L. 111–84, § 618(c), inserted at end ‘‘If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or spe- cial duty pay for a member who does not satisfy the eli- gibility requirement for an entire month to reflect the duration of the member’s actual qualifying service dur- ing the month.’’ Subsec. (g). Pub. L. 111–84, § 614(7), substituted ‘‘De- cember 31, 2010’’ for ‘‘December 31, 2009’’. Statutory Notes and Related Subsidiaries DETERMINATION OF COLD WEATHER LOCATION FOR PURPOSES OF SPECIAL DUTY PAY Pub. L. 118–31, div. A, title VI, § 615, Dec. 22, 2023, 137 Stat. 292, ‘‘For purposes of special duty pay under sec- tion 352 of title 37, United States Code, the Secretary concerned shall determine that a duty station is a cold weather location if, at such duty station, the tempera- ture is expected to drop below ¥20 °F according to the 2012 Plant Hardiness Zone Map published by the Agri- cultural Research Service of the Department of Agri- culture.’’ CAREER INCENTIVE PAY FOR MARINE INSPECTORS Pub. L. 117–263, div. K, title CXII, § 11237, Dec. 23, 2022, 136 Stat. 4036, provided that: ‘‘(a) AUTHORITY TO PROVIDE ASSIGNMENT PAY OR SPE- CIAL DUTY PAY.—The Secretary [of the department in which the Coast Guard is operating] may provide as- signment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position and assigned as a marine inspector or marine investigator pursuant to section 312 of title 14, United States Code. ‘‘(b) ANNUAL BRIEFING.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], and an- nually thereafter, the Secretary shall provide to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives a briefing on any uses of the authority under subsection (a) during the preceding year. Page 142 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 353 ‘‘(2) ELEMENTS.—Each briefing required under para- graph (1) shall include the following: ‘‘(A) The number of members of the Coast Guard serving as marine inspectors or marine investiga- tors pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code. ‘‘(B) An assessment of the impact of the use of the authority under this section on the effective- ness and efficiency of the Coast Guard in admin- istering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. ‘‘(C) An assessment of the effects of assignment pay and special duty pay on retention of marine in- spectors and investigators. ‘‘(D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exer- cising such authority, including an explanation of the efforts the Secretary is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors. ‘‘(c) STUDY.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary, in co- ordination with the Director of the National Insti- tute for Occupational Safety and Health, shall con- duct a study on the health of marine inspectors and marine investigators who have served as such inspec- tors or investigators for a period of not less than 10 years. ‘‘(2) ELEMENTS.—The study required under para- graph (1) shall include the following: ‘‘(A) An evaluation of— ‘‘(i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities; ‘‘(ii) major incidents to which marine inspec- tors and marine investigators have had to re- spond, and any other significant incident, such as a vessel casualty, that has resulted in the expo- sure of marine inspectors and marine investiga- tors to hazardous chemicals or substances; and ‘‘(iii) the types of hazardous chemicals or sub- stances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators. ‘‘(B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, spe- cifically with respect to the exposure of members of the Coast Guard to hazardous substances while car- rying out inspections and investigation duties. ‘‘(C) Any other element the Secretary considers appropriate. ‘‘(3) REPORT.—Upon completion of the study re- quired under paragraph (1), the Secretary shall sub- mit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant [of the Coast Guard] should take to improve the health and exposure of marine inspectors and marine investigators. ‘‘(d) TERMINATION.—The authority provided by sub- section (a) shall terminate on December 31, 2028.’’ ADDITIONAL ASSIGNMENT PAY OR SPECIAL DUTY PAY AUTHORIZED FOR MEMBERS AGREEING TO SERVE IN AFGHANISTAN FOR EXTENDED PERIODS Pub. L. 111–84, div. A, title VI, § 619, Oct. 28, 2009, 123 Stat. 2357, provided that: ‘‘(a) AUTHORITY TO PROVIDE ADDITIONAL ASSIGNMENT PAY OR SPECIAL DUTY PAY.—The Secretary of Defense may provide assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount of monthly or lump sum assign- ment or special duty pay authorized under subsection (b) of such section, to members of the Armed Forces (particularly members who achieve language pro- ficiency at levels and in languages specified by the Sec- retary of Defense) who agree to serve on active duty in Afghanistan for a minimum of three years. The assign- ment period required by the agreement shall provide for reasonable periods of leave. ‘‘(b) REPORTING REQUIREMENTS.—The Secretary shall submit to Congress an annual report on the use of the authority provided under subsection (a) during the pre- ceding year, including— ‘‘(1) the number of members of the Armed Forces receiving assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount otherwise authorized under such section; and ‘‘(2) an assessment of the impact of the use of such authority on the effectiveness and efficiency in achieving the United States mission in Afghanistan. ‘‘(c) DURATION OF AUTHORITY.—The authority pro- vided by subsection (a) to offer additional assignment pay or special duty pay under section 352 of title 37, United States Code, expires on December 31, 2012. The expiration of such authority shall not affect the terms or duration of any agreement entered into before that date to provide additional assignment pay or special duty pay under such section.’’ § 353. Skill incentive pay or proficiency bonus (a) SKILL INCENTIVE PAY.—The Secretary con- cerned may pay a monthly skill incentive pay to a member of a regular or reserve component of the uniformed services who— (1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; 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 a regular or reserve component of the uniformed services who— (A) is entitled to basic pay under section 204 of this title or compensation under sec- tion 206 of this title or is enrolled in an offi- cer training program; and (B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Sec- retary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a re- lated skill designated as critical by the Sec- retary concerned. (2) INCLUSION OF CERTAIN SENIOR ROTC MEM- BERS.—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 monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under sub-