I 

109TH CONGRESS 

1ST SESSION H. R. 1371

To amend title 37, United States Code, to ensure equal treatment for members of reserve components who perform inactive-duty training in determining their entitlement for hazardous duty pay, aviation incentive pay, 

diving duty special pay, and foreign language proficiency pay. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2005

Mrs. CAPITO introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL

To amend title 37, United States Code, to ensure equal 

treatment for members of reserve components who perform inactive-duty training in determining their entitlement for hazardous duty pay, aviation incentive pay, 

diving duty special pay, and foreign language proficiency 

pay.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1371 IH 

1 SECTION 1. EQUAL TREATMENT OF RESERVE COMPONENT 

2 MEMBERS PERFORMING INACTIVE-DUTY 

3 TRAINING FOR RECEIPT OF VARIOUS SPE4 CIAL PAYS. 

5 (a) HAZARDOUS DUTY INCENTIVE PAY.—Section 

6 301 of title 37, United States Code, is amended—

7 (1) in subsection (a), by inserting after ‘‘basic 

8 pay’’ in the first sentence the following: ‘‘under sec9 tion 204 of this title or compensation under section 

10 206 of this title’’; and 

11 (2) by striking subsection (f). 

12 (b) OFFICER AVIATION CAREER INCENTIVE PAY.—

13 Section 301a of such title is amended—

14 (1) in subsection (a)(1), by inserting after 

15 ‘‘basic pay’’ the following: ‘‘under section 204 of this 

16 title or compensation under section 206 of this 

17 title’’; 

18 (2) by striking subsection (d); and 

19 (3) by redesignating subsection (f) as sub20 section (d). 

21 (c) DIVING DUTY SPECIAL PAY.—Section 304 of 

22 such title is amended by striking subsections (d) and (e). 

23 (d) FOREIGN LANGUAGE PROFICIENCY PAY.—Sec24 tion 316 of such title is amended—
3

•HR 1371 IH 

1 (1) in subsection (a), by inserting ‘‘or com2 pensation under section 206 of this title’’ after ‘‘of 

3 this title’’; 

4 (2) by striking subsections (b) and (g); 

5 (3) in subsection (c), by striking the first sen6 tence and inserting the following new sentence: ‘‘To 

7 be eligible to receive special pay under this section, 

8 a member described in subsection (a) must be cer9 tified by the Secretary concerned as being proficient 

10 in the foreign language for which the special pay is 

11 offered.’’; 

12 (4) in subsection (d), by striking ‘‘(1)’’ and 

13 paragraph (2); 

14 (5) by striking subsection (e) and inserting the 

15 following new subsection: 

16 ‘‘(e) RELATIONSHIP TO OTHER PAY OR ALLOW17 ANCE.—Special pay under this section is in addition to 

18 any other pay or allowance payable to a member under 

19 any other provision of law.’’; and 

20 (6) in subsection (f)—

21 (A) in paragraph (1), by striking ‘‘or a 

22 bonus’’ in the matter preceding subparagraph 

23 (A); 
4

•HR 1371 IH 

1 (B) in paragraph (1)(C), by striking ‘‘or a 

2 bonus under subsection (b), whichever applies 

3 to the member’’; 

4 (C) by striking paragraphs (2) and (4); 

5 and 

6 (D) by redesignating paragraph (3) as 

7 paragraph (2), and in such paragraph, by strik8 ing ‘‘or a bonus’’ and ‘‘or bonus’’. 

9 (e) CAREER ENLISTED FLYERS INCENTIVE PAY.—

10 Section 320 of such title is amended—

11 (1) in subsection (a)(1), by striking ‘‘, or is en12 titled to pay under section 206 of this title as de13 scribed in subsection (e) of this section’’ and insert14 ing ‘‘or compensation under section 206 of this 

15 title’’; 

16 (2) by striking subsection (e); and 

17 (3) by redesignating subsections (f), (g), (h), 

18 and (i) as subsections (e), (f), (g), and (h), respec19 tively. 

20 (f) CLERICAL AMENDMENTS.—

21 (1) SECTION HEADING.—The heading of section 

22 316 of such title is amended to read as follows: 
5

•HR 1371 IH 

1 ‘‘§ 316. Special pay for members with foreign lan2 guage proficiency’’. 

3 (2) TABLE OF SECTIONS.—The table of sections 

4 at the beginning of chapter 5 of such title is amend5 ed by striking the item relating to section 316 and 

6 inserting the following new item:

‘‘316. Special pay for members with foreign language proficiency.’’.

7 (g) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on October 1, 2005, and apply 

9 to duty described in sections 301, 301a, 304, 316, and 

10 320 of such title performed on or after that date.

Æ