37 USC 351: Hazardous duty pay

37 USC 351: Hazardous duty pay Text contains those laws in effect on April 3, 2026

From Title 37-PAY AND ALLOWANCES OF THE UNIFORMED SERVICESCHAPTER 5-SPECIAL AND INCENTIVE PAYSSUBCHAPTER II-CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES

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§351. Hazardous duty pay

(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 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.

(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, 2026.

Editorial Notes

Amendments

2025-Subsec. (a). Pub. L. 119–60, §601(c)(4), struck out "of a regular or reserve component" after "to a member" in introductory provisions.

Subsec. (h). Pub. L. 119–60, §611(d)(6), substituted "December 31, 2026" for "December 31, 2025".

2024-Subsec. (h). Pub. L. 118–159 substituted "December 31, 2025" for "December 31, 2024".

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)."

Statutory Notes and Related Subsidiaries

Reviews of Designations of Imminent Danger Pay Areas

Pub. L. 119–60, div. A, title VI, §614, Dec. 18, 2025, 139 Stat. 907 , provided that:

"(a) Initial Review.-Not later than March 1, 2026, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall-

"(1) commence a review of each area designated under section 351(a)(3) of title 37, United States Code, to determine whether the area is one in which a member of the uniformed services is subject to imminent danger of physical injury due to threat conditions; and

"(2) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review, including any changes to designations under that section that result from the review.

"(b) Subsequent Reviews.-

"(1) In general.-Not later than March 1, 2031, and every 5 years thereafter, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall conduct a review described in subsection (a)(1).

"(2) Reports required.-Not later than 60 days after completing a review under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review, including any changes to designations under that section that result from the review.

"(c) Reports on Designation Changes Between Reports.-If, at any time between the submission of reports required by subsections (a)(2) and (b)(2), the Secretary of Defense or the Secretary of a military department conducts a review of areas designated under section 351(a)(3) of title 37, United States Code, and makes a change to any such designation, that Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review and the change not later than 60 days after the change is made."

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