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

(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 December 31, 2018.

(Added Pub. L. 110–417, [div. A], title VI, §619(b)(1), Oct. 14, 2008, 122 Stat. 4488; amended Pub. L. 112–81, div. A, title X, §1065(b), Dec. 31, 2011, 125 Stat. 1588; Pub. L. 113–66, div. A, title VI, §616, Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, §615(5), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, §615(5), title X, §1072(a), Nov. 25, 2015, 129 Stat. 839, 994; Pub. L. 114–328, div. A, title VI, §615(5), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, §615(5), Dec. 12, 2017, 131 Stat. 1423.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 316a, added Pub. L. 102–190, div. A, title VI, §636(a), Dec. 5, 1991, 105 Stat. 1382, related to waiver of certification requirement, prior to repeal by Pub. L. 108–375, div. A, title VI, §620(b)(1), Oct. 28, 2004, 118 Stat. 1954.

#### Amendments

2017—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.

2016—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.

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 "December 31, 2016" for "December 31, 2015".

2014—Subsec. (g). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (g). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

2011—Subsec. (f). Pub. L. 112–81 substituted "April 1, 2012" for "January 1, 2010" in introductory provisions.