§5949 — Title 5 Government Organization and Employees | U.S. Code

Summary

A federal agency head may pay an employee hostile fire pay of $150 for any month when the employee met one of three conditions: they were directly exposed to enemy gunfire or a hostile mine explosion; they were working in an area with imminent danger of such fire or mines where others were actually hit during the same duty period; or they were killed, injured, or wounded by hostile fire, a hostile mine, or another hostile act. If an employee who was injured or wounded is in the hospital for treatment, they can get hostile fire pay for up to three extra months while hospitalized. This pay is added on top of other pay and allowances, except the employee cannot get hostile fire pay for any time they are receiving payments under sections 5925 or 5928 of this title.

Title 5, §5949

Government Organization and Employees — Source: USLM XML via OLRC

(a)The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was—

(1)subject to hostile fire or explosion of hostile mines;

(2)on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or

(3)killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action.

(b)An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three additional months during which the employee is so hospitalized.

(c)An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an employee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under section 5925 of this title because of exposure to political violence or payment under section 5928 of this title.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–107, div. A, title XI, § 1111(c), Dec. 28, 2001, 115 Stat. 1238, as amended by Pub. L. 108–375, div. A, title X, § 1084(h)(3), Oct. 28, 2004, 118 Stat. 2064, provided that: “Section 5949 of title 5, United States Code, as added by subsection (a), is effective as if enacted into law on September 11, 2001, and may be applied with respect to any hostile action that took place on or after that date.”

§5949 Hostile fire pay

Summary

Title 5, §5949

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata