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37 U.S.C. § 316Special pay: bonus for members with foreign language proficiency

submitted 40 years ago by Pub. L. 99-661 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 661 words · no verdicts yet

in plain englishAI-generated · not legal advice

The military can pay a yearly bonus to members proficient in critical foreign languages. The bonus can't exceed $12,000 and requires proof of proficiency. Members who lose eligibility or certification must repay the money.

(a) Availability. The Secretary of the military branch concerned may pay this bonus, subject to subsection (c), to a member who fits at least one of four descriptions: (1) the member works in a uniformed-services specialty that requires proficiency in a foreign language the Secretary has identified as needed for national defense or public health reasons; (2) the member got training, under the Secretary's regulations, meant to build proficiency in such a language; (3) the member is assigned to duty that requires that proficiency; or (4) the member is proficient in a foreign language the service may critically need, as the Secretary decides. (b) Bonus amount and timing. The bonus cannot go over $12,000 for each one-year certification period described in subsection (c). The Secretary may pay it all at once at the start of the period, or in installments during the period. This bonus comes on top of any other pay or allowance the member already gets. (c) Certification of proficiency. To qualify, a member must be certified by the Secretary as proficient in the language the bonus covers. That certification expires at the end of one year, counted from the first day of the first month on or after the certification date. (d) Certification interrupted by a contingency operation. (1) The Secretary may waive the certification requirement and still pay the bonus to a member who is assigned to duty connected to a contingency operation, cannot schedule or finish certification because of that assignment, and otherwise meets the eligibility rules in subsection (a). (2) In that case, the Secretary may treat the date the member was assigned to that duty as if it were the certification date; if a member's certification would expire during that assignment, the Secretary starts the next one-year period on the date the old one expires. (3) A member who gets a bonus this way must still get properly certified within 180 days after being released from the contingency-operation assignment, though the Secretary may extend that deadline under regulations issued under subsection (f). (4) If the member does not get certified before that 180-day period ends, the Secretary may require the member to repay all or part of the bonus, following section 303a(e). (e) Repayment. A member who gets this bonus but does not meet all four eligibility conditions in subsection (a) for the entire certification period must repay the bonus, following section 303a(e). (f) Regulations. This section is carried out under regulations from the Secretary of Defense for the armed forces, the Secretary of Homeland Security for the Coast Guard when it is not part of the Navy, the Secretary of Health and Human Services for the Public Health Service's Commissioned Corps, and the Secretary of Commerce for NOAA.
the actual law source: uscode.house.gov ↗public domain
(a)Availability of Bonus.—

Subject to subsection (c), the Secretary concerned may pay a bonus under this section to a member of the uniformed services who—

(1)

is qualified in a uniformed services specialty requiring proficiency in a foreign language identified by the Secretary concerned as a foreign language in which it is necessary to have personnel proficient because of national defense or public health considerations;

(2)

received training, under regulations prescribed by the Secretary concerned, designed to develop a proficiency in such a foreign language;

(3)

is assigned to duties requiring a proficiency in such a foreign language; or

(4)

is proficient in a foreign language for which the uniformed service may have a critical need, as determined by the Secretary concerned.

(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)Certification of Proficiency.—

To be eligible to receive a bonus under this section, a member described in subsection (a) must be certified by the Secretary concerned as being proficient in the foreign language for which the bonus is offered. The certification of the member shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date.

(d)Certification Interrupted by Contingency Operation.—
(1)

Notwithstanding subsection (c), the Secretary concerned may waive the certification requirement under such subsection and pay a bonus under this section to a member who—

(A)

is assigned to duty in connection with a contingency operation;

(B)

is unable to schedule or complete the certification required by subsection (c) because of that assignment; and

(C)

except for the lack of such certification, satisfies the eligibility requirements under subsection (a).

(2)

The Secretary concerned may treat the date on which the member was assigned to duty in connection with the contingency operation as equivalent to a certification date. In the case of a member whose certification will expire during such a duty assignment, the Secretary shall commence the next one-year certification period on the date on which the prior certification period expires.

(3)

A member who is paid a bonus under the authority of this subsection shall complete the certification required by subsection (c) for the foreign language for which the bonus was paid not later than the end of the 180-day period beginning on the date on which the member is released from the assignment in connection with the contingency operation. The Secretary concerned may extend that period for a member in accordance with regulations prescribed under subsection (f).

(4)

If a member fails to obtain the required certification under subsection (c) before the end of the period provided under paragraph (3), the Secretary concerned may require the member to repay all or a portion of the bonus in the manner provided in section 303a(e) of this title.

(e)Repayment.—

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 be subject to the repayment provisions of section 303a(e) of this title.

(f)Regulations.—

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.

Source credit: (Added Pub. L. 99–661, div. A, title VI, § 634(a)(1), Nov. 14, 1986, 100 Stat. 3884; amended Pub. L. 104–201, div. A, title VI, § 616(a), (b), Sept. 23, 1996, 110 Stat. 2547; Pub. L. 106–65, div. A, title VI, § 625(a), Oct. 5, 1999, 113 Stat. 654; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title VI, § 620(a)(1), Oct. 28, 2004, 118 Stat. 1952; Pub. L. 109–163, div. A, title VI, §§ 639(a)–(e)(1), 687(b)(25), Jan. 6, 2006, 119 Stat. 3301, 3302, 3331.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-661 · 100 Stat. 3884
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2547
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 654
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1952
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3301, 3302, 3331

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-661 on 1986-11-14.

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