§351. Hazardous duty pay

(a) Hazardous Duty Pay.-The Secretary concerned may pay hazardous duty pay under this section to a member of a regular or reserve component of the uniformed services entitled to basic pay under section 204 of this title or compensation under section 206 of this title 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 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 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, 2024.

(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. 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 .)

Editorial Notes

Amendments

2023-Subsec. (h). Pub. L. 118–31 substituted "December 31, 2024" for "December 31, 2023".

2022-Subsec. (h). Pub. L. 117–263 substituted "December 31, 2023" for "December 31, 2022".

2021-Subsec. (b)(2), (3). Pub. L. 116–283, §613, substituted "$275" for "$250".

Subsec. (c)(2)(A)(i). Pub. L. 116–283, §614(1)(A), substituted "may prorate" for "shall prorate".

Subsec. (c)(2)(B). Pub. L. 116–283, §614(1)(B), (C), substituted "paragraph (2)" for "paragraph (2) or (3)", "the Secretary concerned-" for "the Secretary concerned may prorate the payment amount to reflect the duration 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 subpar. (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 "December 31, 2020".

2019-Subsec. (h). Pub. L. 116–92 substituted "December 31, 2020" for "December 31, 2019".

2018-Subsec. (h). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017-Subsec. (h). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016-Subsec. (h). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015-Subsec. (h). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014-Subsec. (h). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013-Subsec. (h). Pub. L. 113–66 substituted "December 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), substituted "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 "December 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 reserve 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 subsection (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)."

¹ So in original. Probably should be preceded by "a".