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U.S. Code as of:
01/19/04
Section 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.
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