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of this title or compensation under section 206 of this title 
who— 
‘‘(1) performs duty in a hostile fire area des-
ignated by the Secretary concerned; 
‘‘(2) is exposed to a hostile fire event, explosion 
of a hostile explosive device, or any other hostile ac-
tion; 
‘‘(3) is on duty during a month in an area in 
which an event described in paragraph (2) occurred 
which placed the member in grave danger of physical 
injury; 
‘‘(4) performs duty the Secretary concerned has 
designated as hazardous duty based upon the inher-
ent dangers of that duty and risks of physical injury; 
or 
‘‘(5) 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
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•HR 1585 EH1S 
in paragraph (1) of such subsection, hazardous duty 
pay may not exceed $450 per month. 
‘‘(2) In the case of a member who is exposed 
to a hostile fire event or is on duty in an area in 
which such an event occurred which placed the mem-
ber in grave danger of physical injury, as described 
in paragraph (2) or (3) of such subsection, haz-
ardous duty pay may not exceed $450 per month. 
‘‘(3) In the case of a member who performs a 
designated hazardous duty, as described in para-
graph (4) of such subsection, hazardous duty pay 
may not exceed $250 per month. 
‘‘(4) In the case of a member who performs 
duty in a foreign area designated as an imminent 
danger area, as described in paragraph (5) of such 
subsection, hazardous duty pay may not exceed $250 
per month. 
‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay 
shall be paid on a monthly basis. A member who is eligible 
for hazardous duty pay by reason of paragraph (1), (2), 
or (3) of subsection (a) shall receive the full monthly rate 
of hazardous duty pay authorized by the Secretary con-
cerned under such paragraph, notwithstanding subsection 
(d).
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•HR 1585 EH1S 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.—A member of a reserve com-
ponent entitled to compensation under section 206 of this 
title who is authorized hazardous duty pay under this sec-
tion may be paid an amount of hazardous duty pay that 
is proportionate to the compensation received by the mem-
ber under section 206 of this title for inactive-duty train-
ing. 
‘‘(e) ADMINISTRATION
AND
RETROACTIVE
PAY-
MENTS.—The effective date for a hostile fire area designa-
tion, as described in paragraph (1) of subsection (a), and 
for the designation of a foreign area as an imminent dan-
ger area, as described in paragraph (5) of such subsection, 
may be a date that occurs before, on, or after the actual 
date of the designation by the Secretary concerned. 
‘‘(f) DETERMINATION OF FACT.—Any determination 
of fact that is made in administering paragraph (2) or 
(3) of subsection (a) 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 neg-
ligence. However, the Secretary concerned may change the 
determination on the basis of new evidence or for other 
good cause. 
‘‘(g) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—A member may be paid hazardous duty pay
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•HR 1585 EH1S 
under this section in addition to any other pay and allow-
ances to which the member is entitled. The regulations 
prescribed under subsection (j) shall address dual com-
pensation under this section for multiple circumstances in-
volving performance of a designated hazardous duty, as 
described in paragraph (4) of subsection (a), or for duty 
in certain designated areas, as described in paragraph (1) 
or 5 of such subsection, that is performed by a member 
during a single month of service. 
‘‘(h) PROHIBITION ON VARIABLE RATES.—The regu-
lations prescribed under subsection (j) may not include 
varied criteria or rates for payment of hazardous duty for 
officers and enlisted members. 
‘‘(i) REPAYMENT.—A member who receives the haz-
ardous duty pay authorized under this section and who 
fails to meet the eligibility requirements under subsection 
(a) shall be subject to the repayment provisions of section 
373 of this title. 
‘‘(j) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to 
the armed forces under the jurisdiction of the Sec-
retary of Defense;
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•HR 1585 EH1S 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect 
to the National Oceanic and Atmospheric Adminis-
tration. 
‘‘§ 352. Assignment pay or special duty pay 
‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHOR-
IZED.—The Secretary concerned may pay assignment or 
special duty pay under this section to a member of a reg-
ular 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, location, 
or unit designated by, and under the conditions of 
service specified by, the Secretary concerned. 
‘‘(b) MAXIMUM AMOUNT
AND METHOD
OF PAY-
MENT.— 
‘‘(1) LUMP SUM OR INSTALLMENTS.—Assign-
ment or special duty pay under subsection (a) may 
be paid monthly, in a lump sum, or in periodic in-
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•HR 1585 EH1S 
stallments other than monthly, as determined by the 
Secretary concerned. 
‘‘(2) MAXIMUM MONTHLY AMOUNT.—The max-
imum monthly amount of assignment or special 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 ex-
ceed the amount equal to the product of— 
‘‘(A) the maximum monthly rate author-
ized under paragraph (2) at the time the mem-
ber 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 agreement. 
‘‘(4) MAXIMUM
INSTALLMENT
AMOUNT.—The 
amount of each installment payment of assignment 
or special duty pay payable to a member on an in-
stallment basis may not exceed the amount equal 
to— 
‘‘(A) the product of— 
‘‘(i) a monthly rate specified in the 
written agreement entered into under sub-
section (c), which monthly rate may not
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•HR 1585 EH1S 
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 assign-
ment or special duty pay will be paid; di-
vided by 
‘‘(B) the number of installments over such 
period. 
‘‘(5) EFFECT OF EXTENSION.—If a member ex-
tends an assignment or performance of duty speci-
fied in an agreement with the Secretary concerned 
under subsection (c), assignment or special duty pay 
for the period of the extension may be paid on a 
monthly basis, in a lump sum, or in installments, 
consistent with this subsection. 
‘‘(c) WRITTEN AGREEMENT.— 
‘‘(1) DISCRETIONARY
FOR
MONTHLY
PAY-
MENTS.—The Secretary concerned may require a 
member to enter into a written agreement with the 
Secretary in order to qualify for the payment of as-
signment or special duty pay on a monthly basis. 
The written agreement shall specify the period for 
which the assignment or special duty pay will be
339 
•HR 1585 EH1S 
paid to the member and the monthly rate of the as-
signment or special duty pay. 
‘‘(2) REQUIRED FOR LUMP SUM OR INSTALL-
MENT
PAYMENTS.—The Secretary concerned shall 
require a member to enter into a written agreement 
with the Secretary in order to qualify for payment 
of assignment or special duty pay on a lump sum or 
installment basis. The written agreement shall speci-
fy the period for which the assignment or special 
duty pay will be paid to the member and the amount 
of the lump sum or each periodic installment. 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.—A member of a reserve com-
ponent entitled to compensation under section 206 of this 
title who is authorized assignment or special duty pay 
under this section may be paid an amount of assignment 
or special duty pay that is proportionate to the compensa-
tion received by the member under section 206 of this title 
for inactive-duty training. 
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—Assignment or special duty pay paid to a mem-
ber under this section is in addition to any other pay and 
allowances to which a member is entitled. 
‘‘(f) REPAYMENT.—A member who receives assign-
ment or special duty pay under this section and who fails
340 
•HR 1585 EH1S 
to fulfill the eligibility requirements under subsection (a) 
shall be subject to the repayment provisions of section 373 
of this title. 
‘‘(g) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to 
the armed forces under the jurisdiction of the Sec-
retary of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect 
to the National Oceanic and Atmospheric Adminis-
tration. 
‘‘§ 353. Skill incentive pay or proficiency bonus 
‘‘(a) SKILL INCENTIVE PAY.—The Secretary con-
cerned may pay a monthly skill incentive pay to a member 
of a regular or reserve component of the uniformed serv-
ices who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of 
this title; and
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•HR 1585 EH1S 
‘‘(2) serves in a career field or skill designated 
as critical by the Secretary concerned. 
‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary 
concerned may pay a proficiency bonus 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) is determined to have, and maintains, cer-
tified proficiency under subsection (d) in a skill des-
ignated as critical by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNTS AND METHODS OF PAY-
MENT.— 
‘‘(1) SKILL
INCENTIVE
PAY.—Skill incentive 
pay shall be in paid monthly in an amount not ex-
ceed $1,000 per month. 
‘‘(2) 
PROFICIENCY
BONUS.—A 
proficiency 
bonus may be paid in a lump sum at the beginning 
of the proficiency certification period or in periodic 
installments during the proficiency certification pe-
riod. The amount of the bonus may not exceed 
$12,000 per 12-month period of certification. The 
Secretary concerned may not vary the criteria or
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•HR 1585 EH1S 
rates for the proficiency bonus paid for officers and 
enlisted members. 
‘‘(d) CERTIFIED PROFICIENCY
FOR PROFICIENCY 
BONUS.— 
‘‘(1) CERTIFICATION
REQUIRED.—Proficiency 
in a designated critical skill shall be subject to an-
nual certification by the Secretary concerned. 
‘‘(2) DURATION OF CERTIFICATION.—A certifi-
cation period shall expire at the end of the one-year 
period beginning on the first day of the first month 
beginning on or after the certification date. 
‘‘(3) 
WAIVER.—Notwithstanding 
paragraphs 
(1) and (2), the regulations prescribed under sub-
section (i) shall address the circumstances under 
which the Secretary concerned may waive the certifi-
cation requirement under paragraph (1) or extend a 
certification period under paragraph (2). 
‘‘(e) WRITTEN AGREEMENT.— 
‘‘(1) DISCRETIONARY
FOR
SKILL
INCENTIVE 
PAY.—The Secretary concerned may require a mem-
ber to enter into a written agreement with the Sec-
retary in order to qualify for the payment of skill in-
centive pay. The written agreement shall specify the 
period for which the skill incentive pay will be paid 
to the member and the monthly rate of the pay.
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•HR 1585 EH1S 
‘‘(2) REQUIRED
FOR
PROFICIENCY
BONUS.— 
The Secretary concerned shall require a member to 
enter into a written agreement with the Secretary in 
order to qualify for payment of a proficiency bonus. 
The written agreement shall specify the amount of 
the proficiency bonus, the period for which the 
bonus will be paid, and the initial certification or re-
certification necessary for payment of the proficiency 
bonus. 
‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.— 
‘‘(1) PRORATION.—A member of a reserve com-
ponent entitled to compensation under section 206 
of this title who is authorized skill incentive pay 
under subsection (a) may be paid an amount of skill 
incentive pay that is proportionate to the compensa-
tion received by the member under section 206 of 
this title for inactive-duty training. 
‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PRO-
FICIENCY.—No reduction in the amount of skill in-
centive pay may be made under paragraph (1) in the 
case of a member of a reserve component who is au-
thorized skill incentive pay because of the member’s 
proficiency in a foreign language.
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•HR 1585 EH1S 
‘‘(g) REPAYMENT.—A member who receives skill in-
centive pay or a proficiency bonus under this section and 
who fails to fulfill the eligibility requirement for receipt 
of the pay or bonus shall be subject to the repayment pro-
visions of section 373 of this title. 
‘‘(h) RELATIONSHIP TO OTHER PAYS AND ALLOW-
ANCES.—A member may not be paid more than one pay 
under this section in any month for the same period of 
service and skill. A member may be paid skill incentive 
pay or the proficiency bonus under this section in addition 
to any other pay and allowances to which the member is 
entitled, except that the member may not be paid skill in-
centive pay or a proficiency bonus under this section and 
hazardous duty pay under section 351(a)(4) of this title 
for the same period of service in the same career field or 
skill. 
‘‘(i) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to 
the armed forces under the jurisdiction of the Sec-
retary of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy;
345 
•HR 1585 EH1S 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect 
to the National Oceanic and Atmospheric Adminis-
tration. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘§ 371. Relationship to other incentives and pays 
‘‘(a) TREATMENT.—A bonus or incentive pay paid to 
a member of the uniformed services under subchapter II 
is in addition to any other pay and allowance to which 
a member is entitled, unless otherwise provided under this 
chapter. 
‘‘(b) EXCEPTION.—A member may not receive a 
bonus or incentive pay under both subchapter I and sub-
chapter II for the same activity, skill, or period of service. 
‘‘(c) RELATIONSHIP TO OTHER COMPUTATIONS.— 
The amount of a bonus or incentive pay to which a mem-
ber is entitled under subchapter II may not be included 
in computing the amount of— 
‘‘(1) any increase in pay authorized by any 
other provision of this title; or 
‘‘(2) any retired pay, retainer pay, separation 
pay, or disability severance pay.
346 
•HR 1585 EH1S 
‘‘§ 372. Continuation of pays during hospitalization 
for wounds, injury, or illness incurred 
while on duty in a hostile fire area or ex-
posed to an event of hostile fire or other 
hostile action 
‘‘(a) CONTINUATION OF PAYS.—Notwithstanding any 
other provision of law, the Secretary concerned may con-
tinue to pay all pay and allowances to a member of a reg-
ular or reserve component of a uniformed service, includ-
ing any bonus, incentive pay, or similar benefit, if the 
member— 
‘‘(1) incurs a wound, injury, or illness in the 
line of duty while serving in a combat operation or 
a combat zone, while serving in a hostile fire area, 
or while exposed to a hostile fire event, as described 
under section 351 of this title; and 
‘‘(2) is hospitalized for treatment of such 
wound, injury, or illness. 
‘‘(b) DURATION.—The continuation of pay and allow-
ances of a member under subsection (a) shall expire at 
the end of the first month during which the member is 
no longer hospitalized for treatment. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘hospitalized for treatment’, with 
respect to a member, means the member—
347 
•HR 1585 EH1S 
‘‘(A) is admitted as an inpatient in a mili-
tary treatment facility; or 
‘‘(B) is residing in quarters or in a facility 
affiliated with the military health care system 
for the purposes of receiving extensive out-
patient rehabilitation or other medical care. 
‘‘(2) The term ‘bonus, incentive pay, or similar 
benefit’ means a bonus, incentive pay, special pay, or 
similar payment, or an educational benefit or sti-
pend, paid to a member of the uniformed services 
under this title or title 10. 
‘‘§ 373. Repayment of unearned portion of bonus, in-
centive pay, or similar benefit when con-
ditions of payment not met 
‘‘(a) REPAYMENT.—Except as provided in subsection 
(b), a member of the uniformed services who is paid a 
bonus, incentive pay, or similar benefit, the receipt of 
which is contingent upon the member’s satisfaction of cer-
tain service or eligibility requirements, shall repay to the 
United States any unearned portion of the bonus, incen-
tive pay, or similar benefit if the member fails to satisfy 
any such service or eligibility requirement. 
‘‘(b) EXCEPTIONS.—The regulations prescribed to 
administer this section may specify procedures for deter-
348 
•HR 1585 EH1S 
mining the circumstances under which an exception to the 
required repayment may be granted. 
‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to 
repay the United States under this section is, for all pur-
poses, a debt owed the United States. A discharge in bank-
ruptcy under title 11 does not discharge a person from 
such debt if the discharge order is entered less than five 
years after— 
‘‘(1) the date of the termination of the agree-
ment or contract on which the debt is based; or 
‘‘(2) in the absence of such an agreement or 
contract, the date of the termination of the service 
on which the debt is based. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘bonus, incentive pay, or similar 
benefit’ means a bonus, incentive pay, special pay, or 
similar payment, or an educational benefit or sti-
pend, paid to a member of the uniformed services 
under a provision of law that refers to the repay-
ment requirements of this section or section 303a(e) 
of this title. 
‘‘(2) The term ‘service’ refers to an obligation 
willingly undertaken by a member of the uniformed 
services, in exchange for a bonus, incentive pay, or 
similar benefit offered by the Secretary concerned—
349 
•HR 1585 EH1S 
‘‘(A) to a regular or reserve component 
member who remains on active duty or in an 
active status; 
‘‘(B) to perform duty in a specified skill, 
with or without a specified qualification or cre-
dential; 
‘‘(C) to perform duty in a specified assign-
ment, location or unit; or 
‘‘(D) to perform duty for a specified period 
of time. 
‘‘§ 374. Regulations 
‘‘This subchapter shall be administered under regula-
tions prescribed by— 
‘‘(1) the Secretary of Defense, with respect to 
the armed forces under the jurisdiction of the Sec-
retary of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect 
to the National Oceanic and Atmospheric Adminis-
tration.’’.