I 
109TH CONGRESS 
1ST SESSION H. R. 1371
To amend title 37, United States Code, to ensure equal treatment for mem-
bers of reserve components who perform inactive-duty training in deter-
mining 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 per-
form inactive-duty training in determining their entitle-
ment for hazardous duty pay, aviation incentive pay, 
diving duty special pay, and foreign language proficiency 
pay.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EQUAL TREATMENT OF RESERVE COMPONENT 
MEMBERS 
PERFORMING 
INACTIVE-DUTY 
TRAINING FOR RECEIPT OF VARIOUS SPE-
CIAL PAYS. 
(a) HAZARDOUS DUTY INCENTIVE PAY.—Section 
301 of title 37, United States Code, is amended—
(1) in subsection (a), by inserting after ‘‘basic 
pay’’ in the first sentence the following: ‘‘under sec-
tion 204 of this title or compensation under section 
206 of this title’’; and 
(2) by striking subsection (f). 
(b) OFFICER AVIATION CAREER INCENTIVE PAY.—
Section 301a of such title is amended—
(1) in subsection (a)(1), by inserting after 
‘‘basic pay’’ the following: ‘‘under section 204 of this 
title or compensation under section 206 of this 
title’’; 
(2) by striking subsection (d); and 
(3) by redesignating subsection (f) as sub-
section (d). 
(c) DIVING DUTY SPECIAL PAY.—Section 304 of 
such title is amended by striking subsections (d) and (e). 
(d) FOREIGN LANGUAGE PROFICIENCY PAY.—Sec-
tion 316 of such title is amended—
(1) in subsection (a), by inserting ‘‘or com-
pensation under section 206 of this title’’ after ‘‘of 
this title’’; 
(2) by striking subsections (b) and (g); 
(3) in subsection (c), by striking the first sen-
tence and inserting the following new sentence: ‘‘To 
be eligible to receive special pay under this section, 
a member described in subsection (a) must be cer-
tified by the Secretary concerned as being proficient 
in the foreign language for which the special pay is 
offered.’’; 
(4) in subsection (d), by striking ‘‘(1)’’ and 
paragraph (2); 
(5) by striking subsection (e) and inserting the 
following new subsection: 
‘‘(e) RELATIONSHIP
TO OTHER PAY
OR ALLOW-
ANCE.—Special pay under this section is in addition to 
any other pay or allowance payable to a member under 
any other provision of law.’’; and 
(6) in subsection (f)—
(A) in paragraph (1), by striking ‘‘or a 
bonus’’ in the matter preceding subparagraph 
(A);
(B) in paragraph (1)(C), by striking ‘‘or a 
bonus under subsection (b), whichever applies 
to the member’’; 
(C) by striking paragraphs (2) and (4); 
and 
(D) by redesignating paragraph (3) as 
paragraph (2), and in such paragraph, by strik-
ing ‘‘or a bonus’’ and ‘‘or bonus’’. 
(e) CAREER ENLISTED FLYERS INCENTIVE PAY.—
Section 320 of such title is amended—
(1) in subsection (a)(1), by striking ‘‘, or is en-
titled to pay under section 206 of this title as de-
scribed in subsection (e) of this section’’ and insert-
ing ‘‘or compensation under section 206 of this 
title’’; 
(2) by striking subsection (e); and 
(3) by redesignating subsections (f), (g), (h), 
and (i) as subsections (e), (f), (g), and (h), respec-
tively. 
(f) CLERICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading of section 
316 of such title is amended to read as follows: