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 examination of internal cargo tanks and voids and new construction activities; ‘‘(ii) major incidents to which marine inspec- tors and marine investigators have had to re- spond, and any other significant incident, such as a vessel casualty, that has resulted in the expo- sure of marine inspectors and marine investiga- tors to hazardous chemicals or substances; and ‘‘(iii) the types of hazardous chemicals or sub- stances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators. ‘‘(B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, spe- cifically with respect to the exposure of members of the Coast Guard to hazardous substances while car- rying out inspections and investigation duties. ‘‘(C) Any other element the Secretary considers appropriate. ‘‘(3) REPORT.—Upon completion of the study re- quired under paragraph (1), the Secretary shall sub- mit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant [of the Coast Guard] should take to improve the health and exposure of marine inspectors and marine investigators. ‘‘(d) TERMINATION.—The authority provided by sub- section (a) shall terminate on December 31, 2028.’’ ADDITIONAL ASSIGNMENT PAY OR SPECIAL DUTY PAY AUTHORIZED FOR MEMBERS AGREEING TO SERVE IN AFGHANISTAN FOR EXTENDED PERIODS Pub. L. 111–84, div. A, title VI, § 619, Oct. 28, 2009, 123 Stat. 2357, provided that: ‘‘(a) AUTHORITY TO PROVIDE ADDITIONAL ASSIGNMENT PAY OR SPECIAL DUTY PAY.—The Secretary of Defense may provide assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount of monthly or lump sum assign- ment or special duty pay authorized under subsection (b) of such section, to members of the Armed Forces (particularly members who achieve language pro- ficiency at levels and in languages specified by the Sec- retary of Defense) who agree to serve on active duty in Afghanistan for a minimum of three years. The assign- ment period required by the agreement shall provide for reasonable periods of leave. ‘‘(b) REPORTING REQUIREMENTS.—The Secretary shall submit to Congress an annual report on the use of the authority provided under subsection (a) during the pre- ceding year, including— ‘‘(1) the number of members of the Armed Forces receiving assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount otherwise authorized under such section; and ‘‘(2) an assessment of the impact of the use of such authority on the effectiveness and efficiency in achieving the United States mission in Afghanistan. ‘‘(c) DURATION OF AUTHORITY.—The authority pro- vided by subsection (a) to offer additional assignment pay or special duty pay under section 352 of title 37, United States Code, expires on December 31, 2012. The expiration of such authority shall not affect the terms or duration of any agreement entered into before that date to provide additional assignment pay or special duty pay under such section.’’ § 353. Skill incentive pay or proficiency bonus (a) SKILL INCENTIVE PAY.—The Secretary con- cerned may pay a monthly skill incentive pay 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) 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 a regular or reserve component of the uniformed services who— (A) is entitled to basic pay under section 204 of this title or compensation under sec- tion 206 of this title or is enrolled in an offi- cer training program; and (B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Sec- retary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a re- lated skill designated as critical by the Sec- retary concerned. (2) INCLUSION OF CERTAIN SENIOR ROTC MEM- BERS.—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 even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under sub- Page 143 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 353 1 See References in Text note below. section (g)(2) 1 for the same period, the student may receive only a single monthly subsistence allowance under section 209(c) of this title. (c) MAXIMUM AMOUNTS AND METHODS OF PAY- MENT.— (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 eligi- bility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Sec- retary concerned may prorate the payment amount to reflect the duration of the mem- ber’s actual qualifying service during the month. A member of a reserve component en- titled 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 com- pensation received by the member under sec- tion 206 of this title 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 cer- tification 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 certifi- cation. 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 sub- section (b) shall be subject to annual certifi- cation by the Secretary concerned. (2) DURATION OF CERTIFICATION.—A certifi- cation 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 admin- ister this section shall address the cir- cumstances under which the Secretary con- cerned may waive the certification require- ment under paragraph (1) or extend a certifi- cation 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 sub- section (a). The written agreement shall speci- fy 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 Sec- retary 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 pro- gram to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in for- eign cultural studies or a related skill des- ignated as critical by the Secretary concerned. (2) INCLUSION OF CERTAIN SENIOR ROTC MEM- BERS.—Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps pro- gram even though the student is in the first year of the four-year course under the pro- gram. 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 even though the student has not entered into an agreement under section 2103a of title 10. However, if the student re- ceives 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. (3) CRITICAL FOREIGN LANGUAGE DEFINED.—In this section, the term ‘‘critical foreign lan- guage’’ includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Cro- atian, Russian, Portuguese, or other language designated as critical by the Secretary con- cerned. (g) REPAYMENT.—A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility re- quirement for receipt of the pay or bonus shall be subject to the repayment provisions of sec- tion 373 of this title. (h) RELATIONSHIP TO OTHER PAYS AND ALLOW- ANCES.—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 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 De- cember 31, 2025. (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; Pub. L. 113–66, div. A, title VI, § 614(8), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, Page 144 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 354 title VI, § 614(9), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 614(9), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(9), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 614(9), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(d)(8), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(8), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(d)(8), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(d)(8), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§ 601(d)(8), 602(d), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 118–31, div. A, title VI, § 613(d)(8), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118–159, div. A, title VI, §§ 611(d)(8), 613, Dec. 23, 2024, 138 Stat. 1932, 1933.) Editorial Notes REFERENCES IN TEXT Subsection (g)(2), referred to in subsec. (b)(2), was re- designated subsec. (f)(2) by Pub. L. 111–84, div. A, title VI, § 618(d)(1), Oct. 28, 2009, 123 Stat. 2356. AMENDMENTS 2024—Subsec. (c)(2). Pub. L. 118–159, § 613, substituted ‘‘$55,000’’ for ‘‘$12,000’’. Subsec. (i). Pub. L. 118–159, § 611(d)(8), substituted ‘‘December 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Subsec. (i). Pub. L. 118–31 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2023’’. 2022—Subsec. (c)(1)(A). Pub. L. 117–263, § 602(d), sub- stituted ‘‘$1,750’’ for ‘‘$1,000’’. Subsec. (i). Pub. L. 117–263, § 601(d)(8), substituted ‘‘December 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (i). Pub. L. 117–81 substituted ‘‘Decem- ber 31, 2022’’ for ‘‘December 31, 2021’’. Pub. L. 116–283 substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’. 2019—Subsec. (i). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (i). Pub. L. 115–232 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (i). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (i). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (i). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (i). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (i). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (i). Pub. L. 112–81 substituted ‘‘Decem- ber 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), redesig- nated 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 pro- ficiency bonus to a member of a regular or reserve com- ponent 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. Statutory Notes and Related Subsidiaries PILOT PROGRAM FOR FOREIGN LANGUAGE PROFICIENCY TRAINING FOR RESERVE MEMBERS Pub. L. 110–417, [div. A], title VI, § 619(c), Oct. 14, 2008, 122 Stat. 4489, provided that: ‘‘(1) PILOT PROGRAM REQUIRED.—The Secretary of De- fense shall conduct a pilot program to provide a skill proficiency bonus under section 353(b) of title 37, United States Code, to a member of a reserve compo- nent of the uniformed services who is entitled to com- pensation under section 206 of such title while the member participates in an education or training pro- gram to acquire proficiency in a critical foreign lan- guage or expertise in foreign cultural studies or a re- lated skill designated as critical under such section 353. ‘‘(2) DURATION OF PILOT PROGRAM.—The Secretary shall conduct the pilot program during the period be- ginning on October 1, 2008, and ending on December 31, 2013. Incentive pay may not be provided under the pilot program after December 31, 2013. ‘‘(3) REPORTING REQUIREMENT.—Not later than March 31, 2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the rec- ommendations of the Secretary regarding whether to continue or expand the pilot program.’’ EXPEDITED IMPLEMENTATION 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 De- fense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 180; 37 U.S.C. 301 note), the Sec- retary of a military department may immediately im- plement 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 of- ficer training programs.’’ § 354. Special pay: 15-year career status bonus for members entering service on or after Au- gust 1, 1986 (a) AVAILABILITY OF BONUS.—The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the mem- ber— (1) elects to receive the bonus under this sec- tion; and (2) executes a written agreement (prescribed by the Secretary concerned) to remain con- tinuously on active duty until the member has completed 20 years of active-duty service cred- itable under section 1405 of title 10. (b) ELIGIBLE CAREER BONUS MEMBER DE- FINED.—In this section, the term ‘‘eligible career bonus member’’ means a member of a uniformed service serving on active duty who— (1) first became a member on or after August 1, 1986; and (2) has completed 15 years of active duty in the uniformed services (or has received notifi-