2012 US Code
Title 37 - Pay and Allowances of the Uniformed Services
Chapter 5 - SPECIAL AND INCENTIVE PAYS (§§ 301 - 374)
Subchapter II - CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES (§§ 331 - 355)
Section 353 - Skill incentive pay or proficiency bonus
Publication Title | United States Code, 2012 Edition, Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES CHAPTER 5 - SPECIAL AND INCENTIVE PAYS SUBCHAPTER II - CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES Sec. 353 - Skill incentive pay or proficiency bonus |
Contains | section 353 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 110-181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 175; amended Pub. L. 110-417, [div. A], title VI, §619(a), Oct. 14, 2008, 122 Stat. 4487; Pub. L. 111-84, div. A, title VI, §§614(8), 618(d), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111-383, div. A, title VI, §614(8), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112-81, div. A, title VI, §614(8), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112-239, div. A, title VI, §614(8), Jan. 2, 2013, 126 Stat. 1777. |
Statutes at Large References | 122 Stat. 175, 4487, 180, 4489 123 Stat. 2354, 2356 124 Stat. 4237, 4375 125 Stat. 1450 126 Stat. 1777 |
Public Law References | Public Law 110-181, Public Law 110-417, Public Law 111-84, Public Law 111-383, Public Law 112-81, Public Law 112-239 |
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(a)
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
(2) serves in a career field or skill designated as critical by the Secretary concerned.
(b)
(1)
(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; and
(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.
(2)
(c)
(1)
(B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member's actual qualifying service during the month. A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of such pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.
(2)
(d)
(1)
(2)
(3)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(g)
(h)
(i)
(Added Pub. L. 110–181, div. A, title VI, §661(a)(2), Jan. 28, 2008, 122 Stat. 175; amended Pub. L. 110–417, [div. A], title VI, §619(a), Oct. 14, 2008, 122 Stat. 4487; Pub. L. 111–84, div. A, title VI, §§614(8), 618(d), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, §614(8), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §614(8), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §614(8), Jan. 2, 2013, 126 Stat. 1777.)
References in TextSubsection (g)(2), referred to in subsec. (b)(2), was redesignated subsec. (f)(2) by Pub. L. 111–84, div. A, title VI, §618(d)(1), Oct. 28, 2009, 123 Stat. 2356.
Amendments2013—Subsec. (i). Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.
2011—Subsec. (i). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.
Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.
2009—Subsec. (c)(1). Pub. L. 111–84, §618(d)(2), added par. (1) and struck out former par. (1) which provided that skill incentive pay was not to exceed $1,000 per month.
Subsecs. (f) to (i). Pub. L. 111–84, §618(d)(1), redesignated subsecs. (g) to (j) as (f) to (i), respectively, and struck out former subsec. (f) which related to reserve component members performing inactive duty training.
Subsec. (j). Pub. L. 111–84, §618(d)(1), redesignated subsec. (j) as (i).
Pub. L. 111–84, §614(8), substituted “December 31, 2010” for “December 31, 2009”.
2008—Subsec. (b). Pub. L. 110–417, §619(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who—
“(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
“(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned.”
Subsecs. (g) to (j). Pub. L. 110–417, §619(a)(2), added subsec. (g) and redesignated former subsecs. (g) to (i) as (h) to (j), respectively.
Pilot Program for Foreign Language Proficiency Training for Reserve MembersPub. L. 110–417, [div. A], title VI, §619(c), Oct. 14, 2008, 122 Stat. 4489, provided that:
“(1)
“(2)
“(3)
Pub. L. 110–417, [div. A], title VI, §619(d), Oct. 14, 2008, 122 Stat. 4489, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(10), Jan. 7, 2011, 124 Stat. 4375, provided that: “Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the amendments made by subsection (a) [amending this section] in order to ensure the prompt availability of proficiency bonuses and incentive pay under section 353 of title 37, United States Code, as amended by such subsection, for persons enrolled in officer training programs.”
1 See References in Text note below.
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