
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-107 Section 624]
[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.


   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

    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; title 20 section 1087ee; title 24 section 412; 
title 26 section 112; title 42 section 1382a.
