---
kind: "section"
citation: "5 U.S.C. § 5949"
title: "5"
title_heading: "Government Organization and Employees"
number: "5949"
heading: "Hostile fire pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5949"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 59 — Allowances"
  - "Subchapter IV — Miscellaneous Allowances"
---

# §5949. Hostile fire pay

- (a) The head of an [Executive agency](/usc/5/6501.md?p=2) may [pay](/usc/5/7511.md?p=a-4) an [employee](/usc/5/4701.md?p=a-2) hostile fire [pay](/usc/5/7511.md?p=a-4) at the rate of $150 for any month in which the [employee](/usc/5/4701.md?p=a-2) was—
  - (1) subject to hostile fire or explosion of hostile mines;
  - (2) on duty in an area in which the [employee](/usc/5/4701.md?p=a-2) 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](/usc/5/4701.md?p=a-2) 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](/usc/5/4701.md?p=a-2) covered by [subsection (a)(3)](#a-3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire [pay](/usc/5/7511.md?p=a-4) under this section for not more than three additional months during which the [employee](/usc/5/4701.md?p=a-2) is so hospitalized.
- (c) An [employee](/usc/5/4701.md?p=a-2) may be paid hostile fire [pay](/usc/5/7511.md?p=a-4) under this section in addition to other [pay](/usc/5/7511.md?p=a-4) and allowances to which entitled, except that an [employee](/usc/5/4701.md?p=a-2) may not be paid hostile fire [pay](/usc/5/7511.md?p=a-4) under this section for periods of time during which the [employee](/usc/5/4701.md?p=a-2) receives payment under [section 5925 of this title](/usc/5/5925.md) because of exposure to political violence or payment under [section 5928 of this title](/usc/5/5928.md).

## Source credit

(Added Pub. L. 107–107, div. A, title XI, § 1111(a), Dec. 28, 2001, 115 Stat. 1238.)

## Notes

### 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.”