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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 5 — Special and Incentive Pays

§ 316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency

Statutory text

(a)

Incentive Pay.—

The Secretary of Defense may pay incentive pay under this section to an individual who—

(1)

is enrolled as a member of the Senior Reserve Officers’ Training Corps or the Marine Corps Platoon Leaders Class, as determined in accordance with regulations prescribed by the Secretary of Defense under subsection (e); and

(2)

participates in a language immersion program approved for purposes of the Senior Reserve Officers’ Training Corps, or in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to the Department of Defense as designated by the Secretary of Defense for purposes of this section.

(b)

Period of Payment.—

Incentive pay is payable under this section to an individual described in subsection (a) for the period of the individual’s participation in the language program or study described in paragraph (2) of that subsection.

(c)

Amount.—

The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year.

(d)

Repayment.—

An individual who is paid incentive pay under this section but who does not satisfactorily complete participation in the individual’s language program or study as described in subsection (a)(2), or who does not complete the requirements of the Senior Reserve Officers’ Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment provisions of section 303a(e) of this title.

(e)

Regulations.—

This section shall be administered under regulations prescribed by the Secretary of Defense.

(f)

Termination of Authority.—

No incentive pay may be paid under this section after .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 · 122 Stat. 4356

    Enacted · 37 U.S.C. § 316a

    Added Pub. L. 110–417, [div. A], title VI, § 619(b)(1), Oct. 14, 2008, 122 Stat. 4488

    Source evidence

    Code source credit
    Added Pub. L. 110–417, [div. A], title VI, § 619(b)(1), Oct. 14, 2008, 122 Stat. 4488

  2. National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. A title X § 1065(b) · 125 Stat. 1298

    Substituted · 37 U.S.C. § 316a(f)

    Pub. L. 112–81 substituted “April 1, 2012” for “January 1, 2010” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–81 substituted “April 1, 2012” for “January 1, 2010” in introductory provisions.

    Enacted provision · exact public law section
    (b) Title 37.— Section 316a(f) of title 37, United States Code, is amended by striking “January 1, 2010” and inserting “April 1, 2012”.

  3. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. A title VI § 616 · 127 Stat. 672

    Substituted · 37 U.S.C. § 316a(g)

    Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

    Enacted provision · exact public law section
    SEC. 616. ONE-YEAR EXTENSION OF AUTHORITY TO PROVIDE INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING FOREIGN LANGUAGE PROFICIENCY.   Section 316a(g) of title 37, United States Code is amended by striking “December 31, 2013” and inserting “December 31, 2014”.

  4. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title VI § 615(5) · 128 Stat. 3292

    Substituted · 37 U.S.C. § 316a(g)

    Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

    Enacted provision · exact public law section
    (5) Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.

  5. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 1072(a) · 129 Stat. 726

    1. Redesignated · 37 U.S.C. § 316a(f)

      Pub. L. 114–92, § 1072(a), redesignated subsec. (g) as (f)

    2. Struck · 37 U.S.C. § 316a(f)

      Pub. L. 114–92, § 1072(a), struck out former subsec. (f) which related to annual reports on the payment of incentive pay under this section

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–92, § 1072(a), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to annual reports on the payment of incentive pay under this section.

    Enacted provision · exact public law section
    (a) Report on Foreign Language Proficiency Incentive Pay.— Section 316a of title 37, United States Code, as amended by section 615(5) of this Act, is amended— (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f).

  6. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 1072(a)(2) · 129 Stat. 726

    Redesignated · 37 U.S.C. § 316a(g)

    Pub. L. 114–92, § 1072(a)(2), redesignated subsec. (g) as (f)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–92, § 1072(a)(2), redesignated subsec. (g) as (f).

    Enacted provision · exact public law section
    (2) by redesignating subsection (g) as subsection (f).

  7. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 615(5) · 129 Stat. 726

    Substituted · 37 U.S.C. § 316a(g)

    Pub. L. 114–92, § 615(5), substituted “December 31, 2016” for “December 31, 2015”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–92, § 615(5), substituted “December 31, 2016” for “December 31, 2015”.

    Enacted provision · exact public law section
    (5) Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.

  8. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title VI § 615(5) · 130 Stat. 2000

    Redesignated · 37 U.S.C. § 316a(f)

    Pub. L. 114–328, which directed amendment of this section by substituting “December 31, 2017” for “December 31, 2016” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 114–92, § 1072(a)(2). See 2015 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–328, which directed amendment of this section by substituting “December 31, 2017” for “December 31, 2016” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 114–92, § 1072(a)(2). See 2015 Amendment note below.

    Enacted provision · exact public law section
    (5) Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.

  9. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title VI § 615(5) · 131 Stat. 1283

    Redesignated · 37 U.S.C. § 316a(f)

    Pub. L. 115–91, which directed amendment of this section by substituting “December 31, 2018” for “December 31, 2017” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 114–92, § 1072(a)(2). See 2015 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–91, which directed amendment of this section by substituting “December 31, 2018” for “December 31, 2017” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 114–92, § 1072(a)(2). See 2015 Amendment note below.

    Enacted provision · exact public law section
    (5) Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 316a, added Pub. L. 102–190, div. A, title VI, § 636(a), , 105 Stat. 1382, related to waiver of certification requirement, prior to repeal by Pub. L. 108–375, div. A, title VI, § 620(b)(1), , 118 Stat. 1954.

Amendments2011–2017 · 6 rounds

2017

Subsec. (f). Pub. L. 115–91, which directed amendment of this section by substituting “” for “” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 114–92, § 1072(a)(2). See 2015 Amendment note below.

2016

Subsec. (f). Pub. L. 114–328, which directed amendment of this section by substituting “” for “” in subsec. (g), was executed by making the substitution in subsec. (f) to reflect the probable intent of Congress and the redesignation of subsec. (g) as (f) by Pub. L. 114–92, § 1072(a)(2). See 2015 Amendment note below.

2015

Subsec. (f). Pub. L. 114–92, § 1072(a), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to annual reports on the payment of incentive pay under this section.

Subsec. (g). Pub. L. 114–92, § 1072(a)(2), redesignated subsec. (g) as (f).

Pub. L. 114–92, § 615(5), substituted “” for “”.

2014

Subsec. (g). Pub. L. 113–291 substituted “” for “”.

2013

Subsec. (g). Pub. L. 113–66 substituted “” for “”.

2011

Subsec. (f). Pub. L. 112–81 substituted “” for “” in introductory provisions.

Credits

2008–2017 · 7 acts
  1. 2008Added Pub. L. 110–417, [div. A], title VI, § 619(b)(1), , 122 Stat. 4488
  2. 2011amended Pub. L. 112–81, div. A, title X, § 1065(b), , 125 Stat. 1588
  3. 2013Pub. L. 113–66, div. A, title VI, § 616, , 127 Stat. 781
  4. 2014Pub. L. 113–291, div. A, title VI, § 615(5), , 128 Stat. 3401
  5. 2015Pub. L. 114–92, div. A, title VI, § 615(5), title X, § 1072(a), , 129 Stat. 839, 994
  6. 2016Pub. L. 114–328, div. A, title VI, § 615(5), , 130 Stat. 2159
  7. 2017Pub. L. 115–91, div. A, title VI, § 615(5), , 131 Stat. 1423.
Show as published

(Added Pub. L. 110–417, [div. A], title VI, § 619(b)(1), , 122 Stat. 4488; amended Pub. L. 112–81, div. A, title X, § 1065(b), , 125 Stat. 1588; Pub. L. 113–66, div. A, title VI, § 616, , 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(5), , 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(5), title X, § 1072(a), , 129 Stat. 839, 994; Pub. L. 114–328, div. A, title VI, § 615(5), , 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(5), , 131 Stat. 1423.)

Parsed from the official OLRC USLM XML in data/usc_all/usc37.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t37/s316a