Pub. L. 108-136, div. A, tit. VI, subtit. B, sec. 618
AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY FOR RESERVE COMPONENT MEMBERS ON INACTIVE DUTY.
SEC. 618. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY FOR RESERVE COMPONENT MEMBERS ON INACTIVE DUTY.(a) Expansion and Clarification of Current Law.—Section 310 of title 37, United States Code, is amended—(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and(2) by striking subsection (a) and inserting the following new subsections:“(a) Eligibility and Special Pay Amount.—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—“(1) the member was entitled to basic pay or compensation under section 204 or 206 of this title; and“(2) the member—“(A) was subject to hostile fire or explosion of hostile mines;“(B) was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines;“(C) was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or“(D) was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent 117 STAT. 1504 danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.“(b) Continuation During Hospitalization.—A member covered by subsection (a)(2)(C) who is hospitalized for the treatment of the injury or wound may be paid special pay under this section for not more than three additional months during which the member is so hospitalized.”.(b) Clerical Amendments.—Such section is further amended—(1) in subsection (c), as redesignated by subsection (a)(1), by inserting “Limitations and Administration.—” before “(1)”; and(2) in subsection (d), as redesignated by subsection (a)(1), by inserting “Determinations of Fact.—” before “Any”.(c) 4Effective Date.—Subsections (a) and (b) of section 310 of title 37, United States Code, as added by subsection (a)(2), shall take effect as of September 11, 2001.(d) Relation to Temporary Increase in Authorized Amount of Hostile Fire and Imminent Danger Special Pay.—(1) The amendment made by subsection (a)(2) does not affect the authority to pay an increased amount of hostile fire and imminent danger special pay under section 310 of title 37, United States Code, pursuant to—(A) the amendment made by subsection (a) of section 1316 of Public Law 108–11 (117 Stat. 570) during the period specified in subsection (c)(1) of such section, as modified by section 113 of Public Law 108–84 (117 Stat. 1044); or(B) the amendment made by section 619 of this Act during the period specified in such amendment.(2) Effective as of April 16, 2003, section 1316(c)(2) of Public Law 108–11 (117 Stat. 570) is amended by inserting “the dollar amounts specified in” before “sections”.