Page:United States Statutes at Large Volume 122.djvu/198

 12 2 STA T . 1 75PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ §35 3 .Skil li nce n t i v e payor pro f iciency b on us‘ ‘ (a)SKIL L INCE N T I V E PAY.—The Se cr e t ar y c on cerne dm ay p ay a month l y ski ll incenti v epaytoamem b ero f are gu lar or reserve component of the uniformed services w ho— ‘‘( 1 ) is entitled to basic pay under section 204 of this title or compensation under section 20 6 of this title and ‘‘(2) serves in a career field or skill designated as critical by the Secretary concerned. ‘‘(b) SKILL P ROF ICIENCY B ON US .—The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve compo - nent 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 pro- ficiency under subsection (d) in a skill designated as critical by the Secretary concerned. ‘‘(c) M A X I M UM A MOUNTS AN D MET H ODS OF PAYMENT.— ‘‘(1) SKILL INCENTIVE P AY.—Skill incentive pay under sub- section (a) shall be paid monthly in an amount not to e x ceed $ 1,000 per month. ‘‘(2) PROFICIENCY B ONUS.—A proficiency bonus under sub- section (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 $12,000 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) C ERTIFIED PROFICIENCY FOR PROFICIENCY BONUS.— ‘‘(1) CERTIFICATION RE Q UIRED.—Proficiency in a designated critical skill for purposes of subsection (b) shall be sub j ect to annual certification by the Secretary concerned. ‘‘(2) D URATION 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 ) W AIVER.— N otwithstanding paragraphs (1) and (2), the regulations prescribed to administer this section shall address the circumstances under which the Secretary concerned may waive the certification re q uirement under paragraph (1) or extend a certification period under paragraph (2). ‘‘(e) WRITTEN A G REEMENT.— ‘‘(1) DISCRETIONARY FOR SKILL INCENTIVE PAY.—The Sec- retary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the pay- ment 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) R EQUIRED FOR PROFICIENCY BONUS.—The Secretary concerned shall require a member to enter into a written agree- ment 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.

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