Title 5Government Organization and EmployeesRelease 119-73not60

§5949 Hostile Fire Pay

Title 5 › Part III— EMPLOYEES › Subpart D— Pay and Allowances › Chapter 59— ALLOWANCES › Subchapter IV— MISCELLANEOUS ALLOWANCES › § 5949

Last updated Apr 3, 2026|Official source

Summary

A federal agency can pay an employee $150 for any month when the employee was in one of three situations: exposed to hostile fire or a hostile mine explosion; on duty in an area where they were in immediate danger of such fire or explosions and others there were actually fired on; or killed, injured, or wounded by hostile action. If the employee in the third situation is hospitalized for treatment, they may get the $150 for up to three extra months while hospitalized. This pay is in addition to other pay, except it cannot be paid for times the employee is receiving payments under section 5925 (for exposure to political violence) or section 5928.

Full Legal Text

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.

Legislative History

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.”

Reference

Citations & Metadata

Citation

5 U.S.C. § 5949

Title 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60