[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1371 Introduced in House (IH)]






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.

    Be it enacted by the Senate and House of Representatives 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 SPECIAL 
              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 section 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 subsection (d).
    (c) Diving Duty Special Pay.--Section 304 of such title is amended 
by striking subsections (d) and (e).
    (d) Foreign Language Proficiency Pay.--Section 316 of such title is 
amended--
            (1) in subsection (a), by inserting ``or compensation 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 sentence and 
        inserting the following new sentence: ``To be eligible to 
        receive special pay under this section, a member described in 
        subsection (a) must be certified 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 Allowance.--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 striking ``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 entitled to 
        pay under section 206 of this title as described in subsection 
        (e) of this section'' and inserting ``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), respectively.
    (f) Clerical Amendments.--
            (1) Section heading.--The heading of section 316 of such 
        title is amended to read as follows:
``Sec. 316. Special pay for members with foreign language 
              proficiency''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 5 of such title is amended by striking the 
        item relating to section 316 and inserting the following new 
        item:

``316. Special pay for members with foreign language proficiency.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2005, and apply to duty described in sections 301, 
301a, 304, 316, and 320 of such title performed on or after that date.
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