§ 316. — Special pay: foreign language proficiency pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC316]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 316. Special pay: foreign language proficiency pay
(a) A member of the uniformed services--
(1) who is entitled to basic pay under section 204 of this
title;
(2) who has been certified by the Secretary concerned within the
past 12 months to be proficient in a foreign language identified by
the Secretary concerned as being a language in which it is necessary
to have personnel proficient because of national defense or public
health considerations; and
(3) who--
(A) is qualified in a uniformed services specialty requiring
such proficiency;
(B) received training, under regulations prescribed by the
Secretary concerned, designed to develop such proficiency;
(C) is assigned to duties requiring such a proficiency; or
(D) is proficient in a foreign language for which the
uniformed service may have a critical need (as determined by the
Secretary concerned),
may be paid special pay under this section in addition to any other pay
or allowance to which the member is entitled.
(b) The monthly rate for special pay under subsection (a) shall be
determined by the Secretary concerned and may not exceed $300.
(c)(1) Under regulations prescribed by the Secretary concerned, when
a member of a reserve component who is entitled to compensation under
section 206 of this title meets the requirements for special pay
authorized in subsection (a), except the requirement prescribed in
subsection (a)(1), the member may be paid an increase in compensation
equal to one-thirtieth of the monthly special pay authorized under
subsection (b) for a member who is entitled to basic pay under section
204 of this title.
(2) A member eligible for increased compensation under paragraph (1)
shall be paid such increase--
(A) for each regular period of instruction, or period of
appropriate duty, in which he is engaged for at least two hours,
including instruction received or duty performed on a Sunday or
holiday; and
(B) for each period of performance of such other equivalent
training, instruction, duty, or appropriate duties, as the Secretary
concerned may prescribe.
(3) This subsection does not apply to a member who is entitled to
basic pay under section 204 of this title.
(d) This section shall be administered under regulations prescribed
by the Secretary of Defense for the armed forces under the jurisdiction
of the Secretary, by the Secretary of Homeland Security for the Coast
Guard when the Coast Guard is not operating as a service in the Navy, by
the Secretary of Health and Human Services for the Commissioned Corps of
the Public Health Service, and by the Secretary of Commerce for the
National Oceanic and Atmospheric Administration.
(Added Pub. L. 99-661, div. A, title VI, Sec. 634(a)(1), Nov. 14, 1986,
100 Stat. 3884; amended Pub. L. 104-201, div. A, title VI, Sec. 616(a),
(b), Sept. 23, 1996, 110 Stat. 2547; Pub. L. 106-65, div. A, title VI,
Sec. 625(a), Oct. 5, 1999, 113 Stat. 654; Pub. L. 107-296, title XVII,
Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
Amendments
2002--Subsec. (d). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
1999--Subsec. (b). Pub. L. 106-65 substituted ``$300'' for ``$100''.
1996--Subsec. (a). Pub. L. 104-201, Sec. 616(a)(1), substituted
``uniformed services'' for ``armed forces'' in introductory provisions.
Subsec. (a)(2). Pub. L. 104-201, Sec. 616(a)(2), substituted
``Secretary concerned as being'' for ``Secretary of Defense as being''
and inserted ``or public health'' after ``national defense''.
Subsec. (a)(3)(A). Pub. L. 104-201, Sec. 616(a)(3)(A), substituted
``uniformed services'' for ``military''.
Subsec. (a)(3)(C). Pub. L. 104-201, Sec. 616(a)(3)(B), struck out
``military'' before ``duties requiring''.
Subsec. (a)(3)(D). Pub. L. 104-201, Sec. 616(a)(3)(C), substituted
``uniformed service'' for ``Department of Defense'' and ``Secretary
concerned'' for ``Secretary of Defense''.
Subsec. (d). Pub. L. 104-201, Sec. 616(b), substituted ``the
jurisdiction of the Secretary,'' for ``his jurisdiction and'' and
inserted before period at end ``, by the Secretary of Health and Human
Services for the Commissioned Corps of the Public Health Service, and by
the Secretary of Commerce for the National Oceanic and Atmospheric
Administration''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 625(b), Oct. 5, 1999, 113
Stat. 654, provided that: ``The amendment made by subsection (a)
[amending this section] shall take effect on October 1, 1999, and shall
apply with respect to foreign language proficiency pay paid under
section 316 of such title for months beginning on or after that date.''
Effective Date of 1996 Amendment
Section 616(c) of Pub. L. 104-201 provided that: ``The amendments
made by this section [amending this section] shall take effect on
October 1, 1996, and apply with respect to months beginning on or after
such date.''
Effective Date
Section 634(b) of Pub. L. 99-661 provided that: ``Section 316 of
title 37, United States Code, as added by subsection (a), shall take
effect on the date of the enactment of this Act [Nov. 14, 1986], and
shall apply with respect to pay periods beginning on or after that
date.''
Section Referred to in Other Sections
This section is referred to in section 316a of this title.
