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37 U.S.C. § 353 — Skill incentive pay or proficiency bonus

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 353 — Skill incentive pay or proficiency bonus

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Stable record: federal_law:legal_authorities:record_usc_1195242b226b32ef33e741a3
Source file: Laws/federal/codes/united-states-code/title-37/section-353-skill-incentive-pay-or-proficiency-bonus--7749746052.md
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Source location: Title 37, Chapter 5, § 353; chapter-005-special-and-incentive-pays.md

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**(a) Skill Incentive Pay.—** The Secretary concerned may pay a monthly skill incentive pay to a member of the uniformed services who— (1) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim); and (2) serves in a career field or skill designated as critical by the Secretary concerned. **(b) Skill Proficiency Bonus.—** (1) **Availability; eligible persons.—** — The Secretary concerned may pay a proficiency bonus to a member of the uniformed services who— (A) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) 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) **Inclusion of certain senior rotc members.—** — A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under [section 209(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209/c&num=0&edition=prelim) even though the student has not entered into an agreement under [section 2103a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2103a&num=0&edition=prelim). However, if the student receives incentive pay under subsection (g)(2) 11 See References in Text note below. for the same period, the student may receive only a single monthly subsistence allowance under [section 209(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209/c&num=0&edition=prelim). **(c) Maximum Amounts and Methods of Payment.—** (1) **Skill incentive pay.—** (A) Skill incentive pay under subsection (a) may not exceed $1,750 a month. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) for inactive-duty training. (2) **Proficiency bonus.—** — A proficiency bonus under subsection (b) may be paid in a lump sum at the beginning of the proficiency certification period or in periodic installments during the proficiency certification period. The amount of the bonus may not exceed $55,000 for each 12-month period of certification. The Secretary concerned may not vary the criteria or rates for the proficiency bonus paid for officers and enlisted members. **(d) Certified Proficiency for Proficiency Bonus.—** (1) **Certification required.—** — Proficiency in a designated critical skill for purposes of subsection (b) shall be subject to annual certification by the Secretary concerned. (2) **Duration of certification.—** — A certification period for purposes of subsection (c)(2) shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date. (3) **Waiver.—** — Notwithstanding paragraphs (1) and (2), the regulations prescribed to administer this section shall address the circumstances under which the Secretary concerned may waive the certification requirement under paragraph (1) or extend a certification period under paragraph (2). **(e) Written Agreement.—** (1) **Discretionary for skill incentive pay.—** — The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of skill incentive pay under subsection (a). The written agreement shall specify the period for which the skill incentive pay will be paid to the member and the monthly rate of the pay. (2) **Required for proficiency bonus.—** — The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of a proficiency bonus under subsection (b). The written agreement shall specify the amount of the proficiency bonus, the period for which the bonus will be paid, and the initial certification or recertification necessary for payment of the proficiency bonus. **(f) Foreign Language Studies in Officer Training Programs.—** (1) **Availability of incentive pay.—** — The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program 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) **Inclusion of certain senior rotc members.—** — Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under [section 209(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209/c&num=0&edition=prelim) even though the student has not entered into an agreement under [section 2103a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2103a&num=0&edition=prelim). However, if the student receives a proficiency bonus under subsection (b)(2) covering the same month, the student may receive only a single monthly subsistence allowance under [section 209(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209/c&num=0&edition=prelim). (3) **Critical foreign language defined.—** — In this section, the term “critical foreign language” includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned. **(g) Repayment.—** A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility requirement for receipt of the pay or bonus shall be subject to the repayment provisions of [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section373&num=0&edition=prelim). **(h) Relationship to Other Pays and Allowances.—** A member may not be paid more than one pay under this section in any month for the same period of service and skill. A member may be paid skill incentive pay or the proficiency bonus under this section in addition to any other pay and allowances to which the member is entitled, except that a member may not be paid skill incentive pay or a proficiency bonus under this section and hazardous duty pay under [section 351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351&num=0&edition=prelim) for the same period of service in the same career field or skill. **(i) Termination of Authority.—** No agreement may be entered into under this section after December 31, 2026.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 301 — Incentive pay: hazardous duty

**(a)** Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty— (1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under [section 301a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301a&num=0&edition=prelim); (2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1); (3) involving parachute jumping as an essential part of military duty; (4) involving the demolition of explosives as a primary duty, including training for that duty; (5) inside a high- or low-pressure chamber; (6) as a human acceleration or deceleration experimental subject; (7) as a human test subject in thermal stress experiments; (8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched; (9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria; (10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions); (11) involving regular participation as a member of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 301

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 204 — Entitlement

**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)— (1) a member of a uniformed service who is on active duty; and (2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32. **(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty. **(c)** (1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit. (2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph. (3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 204

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2103a — Students not eligible for advanced training: commitment to military service

**(a) Authority.—** A member of the program who has completed successfully the first year of a four-year Senior Reserve Officers’ Training Corps course and who is not eligible for advanced training under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim) and is not a cadet or midshipman appointed under [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107&num=0&edition=prelim) may— (1) contract with the Secretary of the military department concerned, or the Secretary’s designated representative, to serve for the period required by the program; and (2) agree in writing to accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and to serve in the armed forces for the period prescribed by the Secretary. **(b) Eligibility Requirements.—** A member of the program may enter into a contract and agreement under this section (and receive a subsistence allowance under [section 209(c) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section209/c&num=0&edition=prelim)) only if the person— (1) is a citizen of the United States; (2) enlists in an armed force under the jurisdiction of the Secretary of the military department concerned for the period prescribed by the Secretary; and (3) executes a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary. **(c) Parental Consent for Minors.—** A member of the program who is a minor may enter into a contract under subsection (a)(1) only with the consent of the member’s parent or guardian.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2103a

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 206 — Reserves; members of National Guard; members of the Space Force: inactive-duty training

**(a)** Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force who is not entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), is entitled to compensation, at the rate of 1⁄30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay— (1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; (2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe; (3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated— (A) in line of duty while performing— (i) active duty; or (ii) inactive-duty training; (B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or (C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 206

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 351 — Hazardous duty pay

**(a) Hazardous Duty Pay.—** The Secretary concerned may pay hazardous duty pay under this section to a member of the uniformed services entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) who— (1) performs duty in a hostile fire area designated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical injury; (2) performs duty designated by the Secretary concerned as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; or (3) performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions. **(b) Maximum Amount.—** The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows: (1) In the case of a member who performs duty in a designated hostile fire area, as described in subsection (a)(1), hazardous duty pay may not exceed $450 per month. (2) In the case of a member who performs a designated hazardous duty, as described in subsection (a)(2), hazardous duty pay may not exceed $275 per month. (3) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in subsection (a)(3), hazardous duty pay may not exceed $275 per

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 351

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 373 — Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met

**(a) Repayment and Termination.—** Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member’s satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement. **(b) Exceptions.—** (1) **Discretion to provide exception to termination and repayment requirements.—** — Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. (2) **Special rule for deceased and disabled members.—** (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned— (i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and (ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incen

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 373

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 335 — Special bonus and incentive pay authorities for officers in health professions

**(a) Health Professions Bonus.—** The Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who— (1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession; (2) accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or (3) agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession. **(b) Health Professions Incentive Pay.—** The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who— (1) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) or compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim); and (2) is serving on active duty or in an active status in a designated health profession specialty or skill. **(c) Board Certification Incentive Pay.—** The Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who— (1) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 335

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 353 — Skill incentive pay or proficiency bonus

Page 142 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 353 ‘‘(2) ELEMENTS.—Each briefing required under para- graph (1) shall include the following: ‘‘(A) The number of members of the Coast Guard serving as marine inspectors or marine investiga- tors pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code. ‘‘(B) An assessment of the impact of the use of the authority under this section on the effective- ness and efficiency of the Coast Guard in admin- istering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. ‘‘(C) An assessment of the effects of assignment pay and special duty pay on retention of marine in- spectors and investigators. ‘‘(D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exer- cising such authority, including an explanation of the efforts the Secretary is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors. ‘‘(c) STUDY.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary, in co- ordination with the Director of the National Insti- tute for Occupational Safety and Health, shall con- duct a study on the health of marine inspectors and marine investigators who have served as such inspec- tors or investigators for a period of not less than 10 years. ‘‘(2) ELEMENTS.—The study required under para- graph (1) shall include the following: ‘‘(A) An evaluation of— ‘‘(i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examinat

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 353

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