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 midshipman enrolled in the Senior Reserve Officers’ Training Corps who exe- cutes a written agreement described in sub- section (c). (b) AMOUNT OF BONUS.—The amount of a bonus under subsection (a) may not exceed $5,000. (c) AGREEMENT.—A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman— (1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10; (2) to complete advanced training under chapter 103 of title 10; (3) to accept a commission or appointment as an officer of the armed forces; and (4) to serve on active duty. (d) PAYMENT METHOD.—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments. (e) REPAYMENT.—A person who, having re- ceived all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for re- ceipt of the bonus shall be subject to the repay- ment provisions of section 373 of this title. (f) REGULATIONS.—The Secretary concerned shall issue such regulations as may be necessary to carry out this section. (g) TERMINATION OF AUTHORITY.—No agree- ment under this section may be entered into after December 31, 2025. (Added Pub. L. 113–66, div. A, title VI, § 617(a), Dec. 26, 2013, 127 Stat. 781; amended Pub. L. 113–291, div. A, title VI, § 614(6), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 614(6), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(6), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 614(6), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(d)(5), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(5), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(d)(5), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(d)(5), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(d)(5), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 118–31, div. A, title VI, § 613(d)(5), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118–159, div. A, title VI, § 611(d)(5), 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. (g). Pub. L. 117–263 substituted ‘‘Decem- ber 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’’. § 351. Hazardous duty pay (a) HAZARDOUS DUTY PAY.—The Secretary con- cerned may pay hazardous duty pay under this section to a member of a regular or reserve com- ponent of the uniformed services entitled to basic pay under section 204 of this title or com- pensation under section 206 of this title who— (1) performs duty in a hostile fire area des- ignated 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 in- jury; (2) performs duty designated by the Sec- retary 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 des- ignated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat condi- tions. (b) MAXIMUM AMOUNT.—The amount of haz- ardous duty pay paid to a member under sub- section (a) shall be based on the type of duty and the area in which the duty is performed, as fol- lows: Page 139 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 351 1 So in original. Probably should be preceded by ‘‘a’’. (1) In the case of a member who performs duty in a designated hostile fire area, as de- scribed 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 immi- nent 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 para- graph (2), hazardous duty pay shall be paid on a monthly basis. (2) PRORATION.—If a member does not satisfy the eligibility requirements specified in para- graph (1), (2), or (3) of subsection (a) for an en- tire month for receipt of hazardous duty pay— (A) in the case of hazardous duty pay pay- able under paragraph (1) of subsection (a), the Secretary concerned— (i) may prorate the payment amount to reflect the duration of the member’s ac- tual qualifying service during the month; or (ii) in the case of a member who is ex- posed 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 pay- able under paragraph (2) of subsection (a), the Secretary concerned— (i) may prorate the payment amount to reflect the duration of the member’s ac- tual qualifying service during the month; and (ii) in the case of member 1 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 dura- tion of the qualifying service. (C) In the case of hazardous duty pay pay- able 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 dur- ing the month. (d) ADMINISTRATION AND RETROACTIVE PAY- MENTS.—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 de- scribed in paragraph (3) of such subsection, may be a date that occurs before, on, or after the ac- tual date of the designation by the Secretary concerned. (e) DETERMINATION OF FACT.—Any determina- tion of fact that is made in connection with de- termining whether a triggering event has oc- curred for the provision of hazardous duty pay under subsection (a)(1) is conclusive. The deter- mination may not be reviewed by any other offi- cer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determina- tion on the basis of new evidence or for other good cause. (f) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.— (1) IN ADDITION TO OTHER PAY AND ALLOW- ANCES.—A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the mem- ber is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a des- ignated hazardous duty, as described in para- graph (2) of subsection (a), or for duty in cer- tain designated areas, as described in para- graph (1) or (3) of such subsection, that is per- formed 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 in- stances described in subsection (a)(2). (g) PROHIBITION ON VARIABLE RATES.—The reg- ulations prescribed to administer this section may not include varied criteria or rates for pay- ment 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, 2025. (Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 172; amended Pub. L. 110–417, [div. A], title VI, § 618(d), (e), Oct. 14, 2008, 122 Stat. 4486; Pub. L. 111–84, div. A, title VI, §§ 614(6), 618(b), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, § 614(6), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §§ 614(6), 616(b), Dec. 31, 2011, 125 Stat. 1450, 1451; Pub. L. 112–239, div. A, title VI, § 614(6), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 614(6), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 614(7), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 614(7), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(7), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 614(7), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(d)(6), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(6), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, §§ 611(d)(6), 613, 614, Jan. 1, 2021, 134 Stat. 3673, 3674; Pub. L. 117–81, div. A, title VI, § 611(d)(6), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. 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.