12 2 STA T . 1 73PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 foreigna rea a s ani m minen td anger area , as des c ri b ed in p aragrap h(3) ofs u ch subsection, ma y be a date that occurs before, on, or after the actua l date of the designation by the S ecretary concerned .‘ ‘(f) DET E RMINA TI O NO FF A C T. —A ny determination of fact that is made in administering subsection (a) is conclusi v e. T he deter - mination may not be revie w ed by any other officer or agency of the U nited States unless there has been fraud or gross negligence. H owever, the Secretary concerned may change the determination on the basis of new evidence or for other good cause. The regulations prescribed to administer this section shall define the activities that are considered ha z ardous for purposes of subsection (a)( 2 ). ‘‘(g) R E L ATION SH I P TO O THER P A Y AN D ALLO W ANCES.— ‘‘( 1 ) I N ADDITION TO OTHER PAY AND ALLOWANCES.—A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a des- ignated hazardous duty, as described in paragraph (2) of sub- section (a), or for duty in certain designated areas, as described in paragraph (1) or (3) of such subsection, that is performed by a member during a single month of service. ‘‘(2) L IMITATION.—A member may not receive hazardous duty pay under this section for a month for more than three q ualifying instances described in subsection (a)(2). ‘‘(h) PROHI B ITION ON V ARIABLE RATES.—The regulations pre- scribed to administer this section may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members. ‘‘(i) TERMINATION OF A U THORITY.— N o hazardous duty pay under this section may be paid after December 31, 2 0 0 9 . ‘ ‘ §352.As s ignme n tpayor spe c ia ldu ty pay ‘‘(a) ASSI G NMENT OR SPECIAL DUTY PAY AUTHORI Z ED.—The Sec- retary concerned may pay assignment or special duty pay under this section to a member of a regular or reserve component of the uniformed services who— ‘‘(1) is entitled to basic pay under section 20 4 of this title or compensation under section 20 6 of this title
and ‘‘(2) performs duties in an assignment, location, or unit designated by, and under the conditions of service specified by, the Secretary concerned. ‘‘(b) M A X IMUM AMOUNT AND METHOD OF PAYMENT.— ‘‘(1) LUMP SUM OR INSTALLMENTS.—Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. ‘‘(2) MAXIMUM MONTHLY AMOUNT.—The ma x imum monthly amount of assignment or special duty pay may not exceed $5 ,000. ‘‘(3) MAXIMUM LUMP SUM AMOUNT.—The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of— ‘‘(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and Regulations. Regulations.
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