§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 Transportation 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, §634(a)(1), Nov. 14, 1986, 100 Stat. 3884 ; amended Pub. L. 104–201, div. A, title VI, §616(a), (b), Sept. 23, 1996, 110 Stat. 2547 ; Pub. L. 106–65, div. A, title VI, §625(a), Oct. 5, 1999, 113 Stat. 654 .)

Amendments

1999-Subsec. (b). Pub. L. 106–65 substituted "$300" for "$100".

1996-Subsec. (a). Pub. L. 104–201, §616(a)(1), substituted "uniformed services" for "armed forces" in introductory provisions.

Subsec. (a)(2). Pub. L. 104–201, §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, §616(a)(3)(A), substituted "uniformed services" for "military".

Subsec. (a)(3)(C). Pub. L. 104–201, §616(a)(3)(B), struck out "military" before "duties requiring".

Subsec. (a)(3)(D). Pub. L. 104–201, §616(a)(3)(C), substituted "uniformed service" for "Department of Defense" and "Secretary concerned" for "Secretary of Defense".

Subsec. (d). Pub. L. 104–201, §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 1999 Amendment

Pub. L. 106–65, div. A, title VI, §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.