§ 310. — Special pay: duty subject to hostile fire or imminent danger.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC310]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 310. Special pay: duty subject to hostile fire or imminent
danger
(a) Under regulations prescribed by the Secretary of Defense, a
member of a uniformed service may be paid special pay at the rate of
$150 for any month in which he was entitled to basic pay and in which
he--
(1) was subject to hostile fire or explosion of hostile mines;
(2) was on duty in an area in which he was in imminent danger of
being exposed to hostile fire or explosion of hostile mines and in
which, during the period he was on duty in that area, other members
of the uniformed services were subject to hostile fire or explosion
of hostile mines;
(3) was killed, injured, or wounded by hostile fire, explosion
of a hostile mine, or any other hostile action; or
(4) was on duty in a foreign area in which he was subject to the
threat of physical harm or imminent danger on the basis of civil
insurrection, civil war, terrorism, or wartime conditions.
A member covered by clause (3) who is hospitalized for the treatment of
his injury or wound may be paid special pay under this section for not
more than three additional months during which he is so hospitalized.
(b)(1) A member may not be paid more than one special pay under this
section for any month. A member may be paid special pay under this
section in addition to any other pay and allowances to which he may be
entitled.
(2) A member of a reserve component who is eligible for special pay
under this section for a month shall receive the full amount authorized
in subsection (a) for that month regardless of the number of days during
that month on which the member satisfies the eligibility criteria
specified in such subsection.
(c) Any determination of fact that is made in administering this
section is conclusive. Such a 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 determination may be changed on the
basis of new evidence or for other good cause.
(Added Pub. L. 88-132, Sec. 9(a)(1), Oct. 2, 1963, 77 Stat. 216; amended
Pub. L. 89-132, Sec. 4, Aug. 21, 1965, 79 Stat. 547; Pub. L. 98-94,
title IX, Sec. 905(a), (b)(1), Sept. 24, 1983, 97 Stat. 636, 637; Pub.
L. 99-145, title VI, Sec. 638(a), Nov. 8, 1985, 99 Stat. 649; Pub. L.
101-510, div. A, title XIII, Sec. 1322(c)(6), Nov. 5, 1990, 104 Stat.
1672; Pub. L. 102-190, div. A, title VI, Secs. 611(a), 613, Dec. 5,
1991, 105 Stat. 1376, 1377; Pub. L. 105-261, div. A, title VI, Sec. 621,
Oct. 17, 1998, 112 Stat. 2042.)
Amendments
1998--Subsec. (b). Pub. L. 105-261 designated existing provisions as
par. (1) and added par. (2).
1991--Subsec. (a). Pub. L. 102-190 substituted ``Under'' for
``Except in time of war declared by Congress, and under'' and ``rate of
$150'' for ``lowest rate for hazardous duty incentive pay specified in
section 301(c)(1) of this title''.
1990--Subsec. (d). Pub. L. 101-510 struck out subsec. (d) which read
as follows: ``The Secretary of Defense shall report to Congress by March
1 of each year on the administration of this section during the
preceding calendar year.''
1985--Subsec. (a). Pub. L. 99-145 substituted ``at the lowest rate
for hazardous duty incentive pay specified in section 301(c)(1) of this
title'' for ``at the rate of $65 a month'' in provisions preceding cl.
(1).
1983--Pub. L. 98-94, Sec. 905(b)(1), inserted ``or imminent danger''
in section catchline.
Subsec. (a)(4). Pub. L. 98-94, Sec. 905(a), added cl. (4).
1965--Subsec. (a). Pub. L. 89-132 increased rate of special pay from
$55 to $65 a month.
Effective Date of 1985 Amendment
Section 638(b) of Pub. L. 99-145 provided that: ``The amendment made
by this section [amending this section] shall take effect on October 1,
1985.''
Effective Date of 1983 Amendment
Section 905(c) of Pub. L. 98-94 provided that: ``The amendments made
by this section [amending this section] shall take effect on October 1,
1983.''
Effective Date of 1965 Amendment
Amendment by Pub. L. 89-132 effective Sept. 1, 1965, see section 10
of Pub. L. 89-132, set out as a note under section 203 of this title.
Effective Date
Section effective Oct. 1, 1963, see section 14 of Pub. L. 88-132,
set out as an Effective Date of 1963 Amendment note under section 201 of
this title.
Retroactive Authorization for Imminent Danger Pay for Service in
Connection With Operation Enduring Freedom
Pub. L. 107-107, div. A, title VI, Sec. 624, Dec. 28, 2001, 115
Stat. 1143, provided that:
``(a) Retroactive Authorization.--The Secretary of Defense may
provide for the payment of imminent danger pay under section 310 of
title 37, United States Code, to members of the Armed Forces assigned to
duty in the areas specified in subsection (b) in connection with the
contingency operation known as Operation Enduring Freedom with respect
to periods of duty served in those areas during the period beginning on
September 19, 2001, and ending October 31, 2001.
``(b) Specified Areas.--The areas referred to in subsection (a) are
the following:
``(1) The land areas of Kyrgyzstan, Oman, the United Arab
Emirates, and Uzbekistan.
``(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the
Arabian Sea (that portion north of 10 north latitude and west of
68 east longitude).''
Temporary Increase in Special Pay in Connection With Persian Gulf
Conflict
Pub. L. 102-25, title III, Sec. 301, Apr. 6, 1991, 105 Stat. 80,
provided that:
``(a) Increased Rate.--In lieu of the rate of special pay specified
in section 310(a) of title 37, United States Code, the rate of special
pay payable under that section shall be $150 for each month during the
period described in subsection (b).
``(b) Period of Applicability.--Subsection (a) shall apply during
the period beginning on August 1, 1990, and ending on the first day of
the first month beginning on or after the date 180 days after the end of
the Persian Gulf conflict.''
Imminent Danger Pay in Connection With Operation Desert Shield
Section 1111(a) of Pub. L. 101-510 provided that: ``The Secretary of
Defense may provide for the payment of imminent danger pay under section
310 of title 37, United States Code, to members of the Armed Forces
assigned to duty in the Persian Gulf area in connection with Operation
Desert Shield with respect to periods of duty served after August 1,
1990, and before the date of the enactment of this Act [Nov. 5, 1990].''
Section Referred to in Other Sections
This section is referred to in section 411a of this title; title 10
sections 701, 703, 1079, 1133; title 20 section 1087ee; title 24 section
412; title 26 section 112; title 36 section 230103; title 42 section
1382a.
