US Code

Public Law 119-73 (01/23/2026)

37 U.S.C. § 305

Special pay: hardship duty pay

(a)

Special Pay Authorized .—

A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty.
(b)

Payment on Monthly or Lump Sum Basis .—

Special pay payable under this section may be paid on a monthly basis or in a lump sum.
(c)

Maximum Rate or Amount .—

(1)
The monthly rate of special pay payable to a member under this section may not exceed $1,500.
(2)
The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of—
(A)
the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; and
(B)
the number of months during which the member will be performing the designated hardship duty.
(d)

Relationship to Other Pay and Allowances .—

Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(e)

Repayment .—

section 303a(e) of this titleA member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of .
(f)

Regulations .—

The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available.

Pub. L. 87–64976 Stat. 465Pub. L. 88–132, § 12(a)77 Stat. 217Pub. L. 90–623, § 3(4)82 Stat. 1314Pub. L. 95–485, title VIII, § 804(b)(1)92 Stat. 1620Pub. L. 102–25, title VII, § 702(b)(1)105 Stat. 117Pub. L. 105–85, div. A, title VI, § 619(a)111 Stat. 1789Pub. L. 105–261, div. A, title VI, § 617(a)112 Stat. 2041Pub. L. 109–163, div. A, title VI, § 627119 Stat. 3296Pub. L. 110–181, div. A, title VI, § 617122 Stat. 150(, , ; , , ; , , ; , , ; , (c), , ; –(c)(1), , , 1790; , (c)(1), , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

305(a)

37:237.

Oct. 12, 1949, ch. 681, § 206, 63 Stat. 811; May 20, 1958, Pub. L. 85–422, § 1(7), 72 Stat. 125.

305(b)

37:237a.

June 30, 1954, ch. 432, § 729, 68 Stat. 355.

In subsection (a), the words “Except as provided by subsection (b) of this section” are inserted for clarity. The words “is also . . . entitled” are substituted for the words “shall, in addition thereto . . . be entitled”. The words “any place outside the United States, or in Alaska or Hawaii” are substituted for the words “beyond the continental limits of the United States or in Alaska”, since, under the source statute, Hawaii was beyond the continental limits of the United States, and the United States, as defined in section 101(1) of this revised title, would otherwise include Alaska and Hawaii. This interpretation conforms to the opinion of the Comptroller General, B–138956, (38 Comp. Gen. 710).

In subsection (b), the words “Appropriation of” are substituted for the words “of the funds appropriated to” The words “may not be paid” are substituted for the words “no part . . . shall be available for the payment” The words “member of a uniformed service” are substituted for the words “person in the military service” to conform to subsection (a). The words “Puerto Rico” are inserted for clarity, since the source statute was applicable to that place. The words “Virgin Islands” are inserted, since that unincorporated territory is not covered by the word “possession”. The word “Territory” is omitted as obsolete.

Editorial Notes

Amendments

Pub. L. 110–1812008— amended section generally. Prior to amendment, text read as follows:

Special Pay Authorized“(a) .—A member of a uniformed service who is entitled to basic pay may be paid special pay under this section at a monthly rate not to exceed $750 while the member is performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty.

Regulations“(b) .—The Secretary of Defense shall prescribe regulations for the provision of hardship duty pay under subsection (a), including the specific monthly rates at which the special pay will be available.”

Pub. L. 109–1632006—Subsec. (a). substituted “$750” for “$300”.

Pub. L. 105–261, § 617(c)(1)1998—, struck out “location” after “duty” in section catchline.

Pub. L. 105–261, § 617(a)(1)Subsec. (a). , substituted “performing duty in the United States or outside the United States that is designated by the Secretary of Defense as hardship duty.” for “on duty at a location in the United States or outside the United States designated by the Secretary of Defense as a hardship duty location.”

Pub. L. 105–261, § 617(a)(4)Subsec. (b). , redesignated subsec. (d) as (b).

Pub. L. 105–261, § 617(a)(2), struck out heading and text of subsec. (b). Text read as follows: “Appropriations of the Department of Defense may not be paid, as hardship duty location pay under subsection (a), to a member of a uniformed service who is a resident of a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country, as the case may be.”

Pub. L. 105–261, § 617(a)(2)section 305a of this titleSubsec. (c). , struck out heading and text of subsec. (c). Text read as follows: “A member receiving special pay under may not be paid hardship duty location pay under subsection (a) for the same period of service.”

Pub. L. 105–261, § 617(a)(4)Subsec. (d). , redesignated subsec. (d) as (b).

Pub. L. 105–261, § 617(a)(3), substituted “hardship duty pay” for “hardship duty location pay”.

Pub. L. 105–85, § 619(c)(1)1997—, substituted “hardship duty location pay” for “while on duty at certain places” in section catchline.

Pub. L. 105–85, § 619(a)Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Except as provided by subsections (b) and (c), under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:

Pay grade

Monthly rate

E–9

$22.50 

E–8

22.50 

E–7

22.50 

E–6

20.00 

E–5

16.00 

E–4

13.00 

E–3

9.00 

E–2

8.00 

E–1

8.00.”

Pub. L. 105–85, § 619(b)(1)Subsec. (b). , inserted heading and substituted “as hardship duty location pay” for “as foreign duty pay” in text.

Pub. L. 105–85, § 619(b)(2)Subsec. (c). , inserted heading and substituted “hardship duty location pay under subsection (a)” for “special pay under this section” in text.

Pub. L. 105–85, § 619(b)(3)Subsec. (d). , added subsec. (d).

Pub. L. 102–251991—Subsec. (a). struck out “of this section” after “subsections (b) and (c)”.

Pub. L. 102–25Subsec. (b). struck out “of this section” after “subsection (a)”.

Pub. L. 95–485, § 804(b)(1)(C)1978—, substituted “on duty” for “on sea duty or duty” in section catchline.

Pub. L. 95–485, § 804(b)(1)(A)Subsec. (a). , inserted reference to subsec. (c) of this section and struck out provision entitling an enlisted member of a uniformed service who is entitled to basic pay to special pay while on sea duty.

Pub. L. 95–485, § 804(b)(1)(B)Subsec. (c). , added subsec. (c).

Pub. L. 90–6231968—Subsec. (a)(2). substituted “48 contiguous States” for “contiguous 48 States”.

Pub. L. 88–1321963— substituted “while on sea duty or duty at certain places” for “sea and foreign duty” in section catchline.

Pub. L. 88–132Subsec. (a). designated existing provisions as cl. (1) and substituted provisions of cl. (2) permitting special pay for an enlisted member of a uniformed service while on duty at a designated place outside the contiguous 48 States and the District of Columbia for former provision entitling such member to special pay while on duty in any place outside the United States, or in Alaska or Hawaii.

Pub. L. 88–132Subsec. (b). substituted “a State, Puerto Rico, the Virgin Islands, a possession, or a foreign country and who is serving in that State, Puerto Rico, the Virgin Islands, that possession, or that foreign country” for “Alaska, Hawaii, Puerto Rico, the Virgin Islands, or a possession, unless that member is serving in an area outside Alaska, Hawaii, the Virgin Islands, or a possession, of which he is a resident”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–485, title VIII, § 804(b)(3)92 Stat. 1621

“The amendments made by this subsection [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1968 Amendment

Pub. L. 90–623section 6 of Pub. L. 90–623section 5334 of Title 5Amendment by intended to restate without substantive change the law in effect on , see , set out as a note under , Government Organization and Employees.

Effective Date of 1963 Amendment

Pub. L. 88–132section 14 of Pub. L. 88–132section 201 of this titleAmendment by effective , see , set out as a note under .

Savings Provision

Pub. L. 88–132, § 12(b)77 Stat. 218

section 305(a)(2) of title 37section 305 of title 37section 203 of this title“Notwithstanding subsection (a) [amending this section], an enlisted member who, on the day before the effective date of this Act [], was permanently assigned to duty at a place outside the United States or in Alaska or Hawaii, shall, during the remaining period of that assignment, but not after that place is designated for the purpose of , United States Code, be paid the basic pay to which he was entitled on that date plus special pay under , United States Code, whenever qualified thereunder as that section was in effect on the day before the effective date of this Act, if the total of that basic pay and that special pay is more than the basic pay to which he would otherwise be entitled during that period under section 2 of this Act [amending ].”
, , , provided that:

Transition Provision

Pub. L. 105–85, div. A, title VI, § 619(e)111 Stat. 1790

section 305 of title 37“Until such time as the Secretary of Defense prescribes regulations regarding the provision of hardship duty location pay under , United States Code, as amended by this section, the Secretary may continue to use the authority provided by such section 305, as in effect on the day before the date of the enactment of this Act [], to provide special pay to enlisted members of the uniformed services on duty at certain places.”
, , , provided that:

Sea Duty Performed Between , and

Pub. L. 95–485, title VIII, § 804(c)92 Stat. 1621

section 305(a)(1) of title 37“Any individual who on , is an enlisted member of a uniformed service shall be eligible to receive special pay under , United States Code, as in effect on , for any period of sea duty performed by such individual during the period beginning on , and ending on , for which such individual does not receive special pay under section 305a of such title (as added by subsection (a)).”
, , , provided that:

Executive Documents

Executive Order No. 10168

section 301 of this titleEx. Ord. No. 10168, , 15 F.R. 6877, as amended by Ex. Ord. No. 10821, , 24 F.R. 4123; Ex. Ord. No. 10989, , 27 F.R. 727; Ex. Ord. No. 11120, , 28 F.R. 10631, which concerned regulations relating to special pay for sea duty and duty at certain places, was revoked by Ex. Ord. No. 11157, , 29 F.R. 7973, formerly set out as a note under .