37 USC 352: Assignment pay or special duty pay

37 USC 352: Assignment pay or special duty pay Text contains those laws in effect on November 20, 2024

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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§352. Assignment pay or special duty pay

(a) Assignment or Special Duty Pay Authorized.-The Secretary concerned may pay assignment or special duty pay under this section 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) performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned.

(b) Maximum Amount and Method of Payment.-

(1) Lump sum or installments.-Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member's actual qualifying service during the month.

(2) Maximum monthly amount.-The maximum 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 exceed the amount equal to the product of-

(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (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 installment basis may not exceed the amount equal to-

(A) the product of-

(i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized 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 assignment or special duty pay will be paid; divided by

(B) the number of installments over such period.

(5) Effect of extension.-If a member extends an assignment or performance of duty specified 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.

(1) Discretionary for monthly payments.-The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment 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 paid to the member and the monthly rate of the assignment or special duty pay.

(2) Required for lump sum or installment 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 specify 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 component 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 compensation received by the member under section 206 of this title for inactive-duty training.

(e) Relationship to Other Pay and Allowances.-Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(f) Repayment.-A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) for receipt of such pay shall be subject to the repayment provisions of section 373 of this title.

(g) Termination of Authority.-No agreement may be entered into under this section after December 31, 2024.

Editorial Notes

Amendments

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

2022-Subsec. (a)(2). Pub. L. 117–263, §603(a), inserted "(including a cold weather location)" after "location".

Subsec. (g). Pub. L. 117–263, §601(d)(7), substituted "December 31, 2023" for "December 31, 2022".

2021-Subsec. (g). Pub. L. 117–81 substituted "December 31, 2022" for "December 31, 2021".

Pub. L. 116–283 substituted "December 31, 2021" for "December 31, 2020".

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

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

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

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

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

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

2013-Subsec. (g). 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. (g). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009-Subsec. (b)(1). Pub. L. 111–84, §618(c), inserted at end "If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member's actual qualifying service during the month."

Subsec. (g). Pub. L. 111–84, §614(7), substituted "December 31, 2010" for "December 31, 2009".

Statutory Notes and Related Subsidiaries

Determination of Cold Weather Location for Purposes of Special Duty Pay

2023- Pub. L. 118–31, div. A, title VI, §615, Dec. 22, 2023, 137 Stat. 292 , "For purposes of special duty pay under section 352 of title 37, United States Code, the Secretary concerned shall determine that a duty station is a cold weather location if, at such duty station, the temperature is expected to drop below -20 °F according to the 2012 Plant Hardiness Zone Map published by the Agricultural Research Service of the Department of Agriculture."

Career Incentive Pay for Marine Inspectors

Pub. L. 117–263, div. K, title CXII, §11237, Dec. 23, 2022, 136 Stat. 4036 , provided that:

"(a) Authority To Provide Assignment Pay or Special Duty Pay.-The Secretary [of the department in which the Coast Guard is operating] may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position and assigned as a marine inspector or marine investigator pursuant to section 312 of title 14, United States Code.

"(b) Annual Briefing.-

"(1) In general.-Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], and annually thereafter, the Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on any uses of the authority under subsection (a) during the preceding year.

"(2) Elements.-Each briefing required under paragraph (1) shall include the following:

"(A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code.

"(B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States.

"(C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators.

"(D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors.

"(c) Study.-

"(1) In general.-Not later than 2 years after the date of enactment of this Act, the Secretary, in coordination with the Director of the National Institute for Occupational Safety and Health, shall conduct a study on the health of marine inspectors and marine investigators who have served as such inspectors or investigators for a period of not less than 10 years.

"(2) Elements.-The study required under paragraph (1) shall include the following:

"(A) An evaluation of-

"(i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities;

"(ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and

"(iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators.

"(B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties.

"(C) Any other element the Secretary considers appropriate.

"(3) Report.-Upon completion of the study required under paragraph (1), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant [of the Coast Guard] should take to improve the health and exposure of marine inspectors and marine investigators.

"(d) Termination.-The authority provided by subsection (a) shall terminate on December 31, 2028."

Additional Assignment Pay or Special Duty Pay Authorized for Members Agreeing To Serve in Afghanistan for Extended Periods

Pub. L. 111–84, div. A, title VI, §619, Oct. 28, 2009, 123 Stat. 2357 , provided that:

"(a) Authority to Provide Additional Assignment Pay or Special Duty Pay.-The Secretary of Defense may provide assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount of monthly or lump sum assignment or special duty pay authorized under subsection (b) of such section, to members of the Armed Forces (particularly members who achieve language proficiency at levels and in languages specified by the Secretary of Defense) who agree to serve on active duty in Afghanistan for a minimum of three years. The assignment period required by the agreement shall provide for reasonable periods of leave.

"(b) Reporting Requirements.-The Secretary shall submit to Congress an annual report on the use of the authority provided under subsection (a) during the preceding year, including-

"(1) the number of members of the Armed Forces receiving assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount otherwise authorized under such section; and

"(2) an assessment of the impact of the use of such authority on the effectiveness and efficiency in achieving the United States mission in Afghanistan.

"(c) Duration of Authority.-The authority provided by subsection (a) to offer additional assignment pay or special duty pay under section 352 of title 37, United States Code, expires on December 31, 2012. The expiration of such authority shall not affect the terms or duration of any agreement entered into before that date to provide additional assignment pay or special duty pay under such section."