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HR Order DOJ1200.1: Part 2. Compensation: Chapter 2-14, Hostile Fire Pay (Sept. 22, 2009)

A. References.


5 U.S.C. 5949


Attorney General Order No. 2670-2003

Key terms

Key executive position

Non-career type Senior Level (SL) employee

B. Policy.

  1. This Order Chapter establishes the Department's policy on the payment of hostile fire pay.
  2. Consistent with the provisions of this Order Chapter, applicable provisions of law and regulation, and the availability of funds for such purpose, a Bureau Head determines, in writing, that a hostile fire incident affected one or more employees of the Bureau, and authorizes the payment of hostile fire pay of $150 per month to the employee(s), except as provided in paragraph B.3. This authority may not be redelegated.
  3. Section 5949 of Title 5, United States Code, prohibits the payment of hostile fire pay for periods of time during which an employee receives post differentials under 5 U.S.C. 5925, because of exposure to political violence, or danger pay allowances under 5 U.S.C. 5928.
  4. Approval. The Assistant Attorney General for Administration must approve payment of hostile fire pay to employees in the following categories:
    1. Non-career Senior Executive Service employees;
    2. Non-career type SL employees;
    3. Bureau Heads; and,
    4. Key executive positions.
  5. Written Determination. A Bureau Head authorizing hostile fire pay shall issue a written determination that:
    1. Identifies all eligible employees in the Bureau, except as provided in paragraph B.3.;
    2. Specifies an effective date; and,
    3. Provides for the payment of the full $150 for any calendar month in which an employee meets the statutory criteria for any period of time.

C. Documentation for Reports and Records.

  1. Written documentation established under paragraph B.2. must be available for Departmental review. Documentation must include the following:
    1. The employee's name, title, series, grade, organizational title, and duty location; and
    2. A description of the reasons why the hostile fire pay was authorized.
  2. Retention of reports and records follows the guidelines established by the National Archives' General Records Schedules, Schedule 2, Payrolling and Pay Administration Records.

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Updated May 7, 2021