§ 316a. — Waiver of certification requirement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC316a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 316a. Waiver of certification requirement
(a) Certification Interrupted by Contingency Operation.--(1) A
member of the armed forces described in subsection (b) shall be paid
special pay under section 316 of this title for the active duty
performed by that member during the period described in paragraph (2)
if--
(A) the member was assigned to duty in connection with a
contingency operation;
(B) the Secretary concerned (under regulations prescribed by the
Secretary of Defense) determines that the member was unable to
schedule or complete the certification required for eligibility for
the special pay under that section because of that duty;
(C) except for not meeting the certification requirement in that
section, the member was otherwise eligible for that special pay for
that active duty; and
(D) the member completes the certification requirement specified
in that section before the end of the period established for the
member in subsection (c).
(2) The period for which a member may be paid special pay for active
duty pursuant to paragraph (1) is the period beginning on the date on
which the member was assigned to the duty referred to in subparagraph
(A) of that paragraph and ending on the date of the member's
certification referred to in subparagraph (D) of that paragraph.
(b) Eligible Member Described.--A member of the armed forces
referred to in subsection (a) is a member who meets the requirement
referred to in section 316(a)(3) of this title.
(c) Period for Certification.--The period referred to in
subparagraph (D) of subsection (a)(1) with respect to a member of the
armed forces is the 180-day period beginning on the date on which the
member was released from the duty referred to in that subsection. The
Secretary concerned may extend that period for a member in accordance
with regulations prescribed by the Secretary of Defense.
(Added Pub. L. 102-190, div. A, title VI, Sec. 636(a), Dec. 5, 1991, 105
Stat. 1382.)
Operation Desert Storm Duty Assignment
Pub. L. 102-25, title III, Sec. 306, Apr. 6, 1991, 105 Stat. 82,
provided that:
``(a) Certification Interrupted by Operation Desert Storm.--A member
of the Armed Forces described in subsection (b) who obtains a
certification of foreign language proficiency before the end of the
period established for the member in subsection (c) shall be paid
foreign language proficiency pay under section 316 of title 37, United
States Code, for active duty performed after August 2, 1990, and before
the date of that certification if the Secretary of Defense determines
that the member was unable to schedule or complete that certification
earlier because of a duty assignment in connection with Operation Desert
Storm.
``(b) Eligible Members Described.--A member of the Armed Forces
referred to in subsection (a) is a member on active duty who, except for
subsection (a)(2) of that section, was otherwise eligible for special
pay under that section during the duty assignment in connection with
Operation Desert Storm.
``(c) Period for Certification.--The period referred to in
subsection (a) for completion of certification of foreign language
proficiency with respect to a member of the Armed Forces is the 180-day
period (extended for such additional time as the Secretary of Defense
determines to be appropriate) beginning on the date that the member is
released from the duty to which the member was assigned in connection
with Operation Desert Storm.''
