Pub. L. 109-163, div. A, tit. VI, subtit. B, sec. 639
UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY PAY TO ELIGIBLE RESERVE COMPONENT MEMBERS AND REGULAR COMPONENT MEMBERS.
SEC. 639. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY PAY TO ELIGIBLE RESERVE COMPONENT MEMBERS AND REGULAR COMPONENT MEMBERS.(a) Availability of Bonus in Lieu of Monthly Special Pay.—Subsection (a) of section 316 of title 37, United States Code, is amended—(1) by striking “Special Pay” and inserting “Bonus”;(2) by striking “monthly special pay” and inserting “a bonus”; and(3) by striking “is entitled to basic pay under section 204 of this title and who”.(b) Payment of Bonus.—Such section is further amended—(1) by striking subsections (b), (d), (e), and (g);(2) by redesignating subsections (f) and (h) as subsections (d) and (f), respectively; and(3) by inserting after subsection (a) the following new subsection (b):“(b) Bonus Amount; Time for Payment.—A bonus under subsection (a) may not exceed $12,000 per one-year certification period under subsection (c). The Secretary concerned may pay the bonus in a single lump sum at the beginning of the certification period or in installments during the certification period. The bonus is in addition to any other pay or allowance payable to a member under any other provision of law.”.(c) Repayment.—Such section is further amended by inserting after subsection (d), as redesignated by subsection (b)(2) of this section, the following new subsection (e):“(e) Repayment.—(1) A member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, shall repay to the United States the amount of the bonus so paid, except as otherwise prescribed under paragraph (2).“(2) The Secretary concerned shall prescribe in regulations whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under which an exception to required repayment would apply.“(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the date on which the member received the bonus does not discharge the member from a debt arising under paragraph (1).”.119 STAT. 3302(d) Conforming Amendments.—Such section is further amended—(1) in subsection (c)—(A) by striking “special pay or” both places it appears; and(B) by striking “or (b)”;(2) in subsection (d), as redesignated by subsection (b)(2) of this section—(A) in paragraph (1)—(i) by striking “monthly special pay or” in the matter preceding subparagraph (A); and(ii) in subparagraph (C), by striking “for receipt” and all that follows through the period at the end and inserting “under subsection (a).”;(B) in paragraph (2), by striking “For purposes” and all that follows through “the Secretary concerned” and inserting “The Secretary concerned”;(C) in paragraph (3)—(i) by striking “special pay or” both places it appears; and(ii) by striking “subsection (h)” and inserting “subsection (f)”; and(D) in paragraph (4), by striking “subsection (g)” and inserting “section 303a(e) of this title”.(e) Clerical Amendments.—(1) Section heading.—The heading of such section is amended to read as follows:“§ 316. Special pay: bonus for members with foreign language proficiency” .(2) Table of sections.—The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 316 and inserting the following new item: “316. Special pay: bonus for members with foreign language proficiency.”.