§ 316. Special pay: bonus for members with foreign language proficiency

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. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title VI § 634(a)(1) · 100 Stat. 3816

   Enacted · 37 U.S.C. § 316

   Added Pub. L. 99–661, div. A, title VI, § 634(a)(1), Nov. 14, 1986, 100 Stat. 3884

   Source evidence

   Code source credit
   Added Pub. L. 99–661, div. A, title VI, § 634(a)(1), Nov. 14, 1986, 100 Stat. 3884

   Enacted provision · exact public law section
   (1) Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: “§ 316. Special pay: foreign language proficiency pay “(a) A member of the armed forces— “(1) Ante, p. 3875. who is entitled to basic pay under section 204 of this title; “(2) who has been certified by the Secretary concerned within the past 12 months to be proficient in a foreign language identified by the Secretary of Defense as being a language in which it is necessary to have personnel proficient because of national defense considerations; and “(3) who— “(A) is qualified in a military specialty requiring such proficiency; “(B) received training, under regulations prescribed by the Secretary concerned, designed to develop such proficiency; “(C) is assigned to military duties requiring such a proficiency; or “(D) is proficient in a foreign language for which the Department of Defense may have a critical need (as determined by the Secretary of Defense), may be paid special pay under this section in addition to any other pay or allowance to which the member is entitled. “(b) The monthly rate for special pay under subsection (a) shall be determined by the Secretary concerned and may not exceed $100. “(c) (1) Under regulations prescribed by the Secretary concerned, when a member of a reserve component who is entitled to compensation Ante, p. 3876 under section 206 of this title meets the requirements for special pay authorized in subsection (a), except the requirement prescribed in subsection (a)(1), the member may be paid an increase in compensation equal to one-thirtieth of the monthly special pay authorized under subsection (b) for a member who is entitled to basic pay under section 204 of this title. “(2) A member eligible for increased compensation under paragraph (1) shall be paid such increase— “(A) for each regular period of instruction, or period of appropriate duty, in which he is engaged for at least two hours, including instruction received or duty performed on a Sunday or holiday; and “(B) for each period of performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary concerned may prescribe. “(3) This subsection does not apply to a member who is entitled to basic pay under section 204 of this title. Ante, p. 3875. “(d) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 616(a)(1) · 110 Stat. 2422

   Substituted · 37 U.S.C. § 316(a)

   Pub. L. 104–201, § 616(a)(1), substituted “uniformed services” for “armed forces” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–201, § 616(a)(1), substituted “uniformed services” for “armed forces” in introductory provisions.

   Enacted provision · exact public law section
   (1) in the matter preceding paragraph (1), by striking out “armed forces” and inserting in lieu thereof “uniformed services”;

3. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 616(a)(2) · 110 Stat. 2422

   1. Substituted · 37 U.S.C. § 316(a)(2)

      Pub. L. 104–201, § 616(a)(2), substituted “Secretary concerned as being” for “Secretary of Defense as being”

   2. Inserted · 37 U.S.C. § 316(a)(2)

      Pub. L. 104–201, § 616(a)(2), inserted “or public health” after “national defense”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–201, § 616(a)(2), substituted “Secretary concerned as being” for “Secretary of Defense as being” and inserted “or public health” after “national defense”.

   Enacted provision · exact public law section
   (2) in paragraph (2)— (A) by striking out “Secretary of Defense” and inserting in lieu thereof “Secretary concerned”; and (B) by inserting “or public health” after “national defense”; and

4. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 616(a)(3)(A) · 110 Stat. 2422

   Substituted · 37 U.S.C. § 316(a)(3)(A)

   Pub. L. 104–201, § 616(a)(3)(A), substituted “uniformed services” for “military”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A). Pub. L. 104–201, § 616(a)(3)(A), substituted “uniformed services” for “military”.

   Enacted provision · exact public law section
   (A) in subparagraph (A), by striking out “military” and inserting in lieu thereof “uniformed services”;

5. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 616(a)(3)(B) · 110 Stat. 2422

   Struck · 37 U.S.C. § 316(a)(3)(C)

   Pub. L. 104–201, § 616(a)(3)(B), struck out “military” before “duties requiring”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(C). Pub. L. 104–201, § 616(a)(3)(B), struck out “military” before “duties requiring”.

   Enacted provision · exact public law section
   (B) in subparagraph (C), by striking out “military”; and

6. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 616(a)(3)(C) · 110 Stat. 2422

   1. Substituted · 37 U.S.C. § 316(a)(3)(D)

      Pub. L. 104–201, § 616(a)(3)(C), substituted “uniformed service” for “Department of Defense”

   2. Substituted · 37 U.S.C. § 316(a)(3)(D)

      Pub. L. 104–201, § 616(a)(3)(C), substituted “Secretary concerned” for “Secretary of Defense”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(D). Pub. L. 104–201, § 616(a)(3)(C), substituted “uniformed service” for “Department of Defense” and “Secretary concerned” for “Secretary of Defense”.

   Enacted provision · exact public law section
   (C) in subparagraph (D)— (i) by striking out “Department of Defense” and inserting in lieu thereof “uniformed service”; and (ii) by striking out “Secretary of Defense” and inserting in lieu thereof “Secretary concerned”.

7. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 616(b) · 110 Stat. 2422

   1. Substituted · 37 U.S.C. § 316(d)

      Pub. L. 104–201, § 616(b), substituted “the jurisdiction of the Secretary,” for “his jurisdiction and”

   2. Inserted · 37 U.S.C. § 316(d)

      Pub. L. 104–201, § 616(b), inserted before period at end “, 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 evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–201, § 616(b), substituted “the jurisdiction of the Secretary,” for “his jurisdiction and” and inserted before period at end “, 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”.

   Enacted provision · exact public law section
   (b) Administration.— Subsection (d) of such section is amended— (1) by striking out “his jurisdiction and” and inserting in lieu thereof “the jurisdiction of the Secretary,”; and (2) by inserting before the period at the end the following: “, 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”.

8. 1999

   Pub. L. 106–65 div. A title VI § 625(a) · 113 Stat. 512

   Substituted · 37 U.S.C. § 316(b)

   Pub. L. 106–65 substituted “$300” for “$100”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–65 substituted “$300” for “$100”.

   Enacted provision · exact public law section
   (a) Increase.— Section 316(b) of title 37, United States Code, is amended by striking “$100” and inserting “$300”.

9. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1704(c) · 116 Stat. 2135

   Substituted · 37 U.S.C. § 316(d)

   Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

   Enacted provision · exact public law section
   (c) Title 37, United States Code.— Title 37, United States Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

   Effective date note
   Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

10. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title VI § 620(a)(1) · 118 Stat. 1811

    1. Amended · 37 U.S.C. § 316

       Pub. L. 108–375 amended section catchline and text generally

    2. Substituted · 37 U.S.C. § 316

       Pub. L. 108–375 substituting provisions relating to special pay and bonus for members with foreign language proficiency for former provisions which related to: in subsec. (a) requirements for payment of special pay to member of uniformed services who is entitled to basic pay under section 204 of this title for foreign language proficiency; in subsec. (b) determination of monthly rate for special pay; in subsec. (c) increased compensation for member of reserve component who is entitled to compensation under section 206 of this title and who generally meets requirements in subsec. (a); and in subsec. (d) administration of section

    Source evidence

    Code amendment note
    Pub. L. 108–375 amended section catchline and text generally, substituting provisions relating to special pay and bonus for members with foreign language proficiency for former provisions which related to: in subsec. (a) requirements for payment of special pay to member of uniformed services who is entitled to basic pay under section 204 of this title for foreign language proficiency; in subsec. (b) determination of monthly rate for special pay; in subsec. (c) increased compensation for member of reserve component who is entitled to compensation under section 206 of this title and who generally meets requirements in subsec. (a); and in subsec. (d) administration of section.

    Enacted provision · exact public law section
    (1) Section 316 of title 37, United States Code, is amended to read as follows: “§ 316. Special pay and bonus for members with foreign language proficiency “(a) Availability of Special Pay.— Subject to subsection (c), the Secretary concerned may pay monthly special pay under this section to a member of the uniformed services who is entitled to basic pay under section 204 of this title and 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) Availability of Bonus.— Subject to subsection (c), the Secretary concerned may pay an annual bonus under this section to a member of a reserve component who satisfies the eligibility requirements specified in paragraph (1), (2), (3), or (4) of subsection (a). “(c) Certification of Proficiency.— To be eligible to receive special pay or a bonus under this section, a member described in subsection (a) or (b) must be certified by the Secretary concerned as being proficient in the foreign language for which the special pay or 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) Special Pay and Bonus Amounts.— (1) The monthly rate for special pay paid under subsection (a) may not exceed $1,000. “(2) The maximum amount of the bonus paid to a member under subsection (b) may not exceed $6,000 for the one-year period covered by the certification of the member. 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. “(e) Relationship to Other Pay or Allowance.— (1) Except as provided in paragraph (2), special pay or a bonus paid under this section is in addition to any other pay or allowance payable to a member under any other provision of law. “(2) If a member of a reserve component serving on active duty receives special pay under subsection (a) for any month occurring during a certification period in which the member received, or is receiving, a bonus under subsection (b), the amount of the special pay paid to the member for the month shall be reduced by an amount equal to 1⁄12 of the bonus amount. “(f) Certification Interrupted by Contingency Operation.— (1) Notwithstanding subsection (c), the Secretary concerned may waive the certification requirement under such subsection and pay monthly special pay or 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 for receipt of special pay under subsection (a) or a bonus under subsection (b), whichever applies to the member. “(2) For purposes of providing an annual bonus to a member under the authority of this subsection, 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 special pay or a bonus under the authority of this subsection shall complete the certification required by subsection (c) for the foreign language for which the special pay or 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 (h). “(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 subsection (g). “(g) Repayment of Bonus.— (1) The Secretary concerned may require 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, to repay to the United States an amount which bears the same ratio to the total amount of the bonus paid to the member as the unsatisfied portion of the certification period bears to the entire certification period. “(2) An obligation to repay the United States imposed under paragraph (1) or subsection (f)(4) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered for the member less than five years after the expiration of the certification period does not discharge the member from a debt arising under this paragraph. This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. “(h) 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.” .

11. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(e)(1) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 316

    Pub. L. 109–163, § 639(e)(1), substituted “Special pay: bonus for members with foreign language proficiency” for “Special pay and bonus for members with foreign language proficiency” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 639(e)(1), substituted “Special pay: bonus for members with foreign language proficiency” for “Special pay and bonus for members with foreign language proficiency” in section catchline.

    Enacted provision · exact public law section
    (1) Section heading.— The heading of such section is amended to read as follows: “§ 316. Special pay: bonus for members with foreign language proficiency” .

12. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(a) · 119 Stat. 3136

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

       Pub. L. 109–163, § 639(a), substituted “Bonus” for “Special Pay” in heading and, in introductory provisions

    2. Substituted · 37 U.S.C. § 316(a)

       Pub. L. 109–163, § 639(a), substituted “a bonus” for “monthly special pay”

    3. Struck · 37 U.S.C. § 316(a)

       Pub. L. 109–163, § 639(a), struck out “is entitled to basic pay under section 204 of this title and who” after “uniformed services who”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–163, § 639(a), substituted “Bonus” for “Special Pay” in heading and, in introductory provisions, substituted “a bonus” for “monthly special pay” and struck out “is entitled to basic pay under section 204 of this title and who” after “uniformed services who”.

    Enacted provision · exact public law section
    (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”.

13. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(b)(1) · 119 Stat. 3136

    1. Added · 37 U.S.C. § 316(b)

       Pub. L. 109–163, § 639(b)(1), (3), added subsec. (b)

    2. Struck · 37 U.S.C. § 316(b)

       Pub. L. 109–163, § 639(b)(1), (3), struck out heading and text of former subsec. (b). Text read as follows: “Subject to subsection (c), the Secretary concerned may pay an annual bonus under this section to a member of a reserve component who satisfies the eligibility requirements specified in paragraph (1), (2), (3), or (4) of subsection (a).”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–163, § 639(b)(1), (3), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Subject to subsection (c), the Secretary concerned may pay an annual bonus under this section to a member of a reserve component who satisfies the eligibility requirements specified in paragraph (1), (2), (3), or (4) of subsection (a).”

    Enacted provision · exact public law section
    (1) by striking subsections (b), (d), (e), and (g);

14. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(d)(1) · 119 Stat. 3136

    1. Struck · 37 U.S.C. § 316(c)

       Pub. L. 109–163, § 639(d)(1), struck out “special pay or” before “a bonus under” and before “bonus is offered”

    2. Struck · 37 U.S.C. § 316(c)

       Pub. L. 109–163, § 639(d)(1), struck out “or (b)” before “must be certified”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–163, § 639(d)(1), struck out “special pay or” before “a bonus under” and before “bonus is offered” and struck out “or (b)” before “must be certified”.

    Enacted provision · exact public law section
    (1) in subsection (c)— (A) by striking “special pay or” both places it appears; and (B) by striking “or (b)”;

15. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(b)(1) · 119 Stat. 3136

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

       Pub. L. 109–163, § 639(b)(1), (2), redesignated subsec. (f) as (d)

    2. Struck · 37 U.S.C. § 316(d)

       Pub. L. 109–163, § 639(b)(1), (2), struck out heading and text of former subsec. (d). Text read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–163, § 639(b)(1), (2), redesignated subsec. (f) as (d) and struck out heading and text of former subsec. (d). Text read as follows:

    “(1) The monthly rate for special pay paid under subsection (a) may not exceed $1,000. “(2) The maximum amount of the bonus paid to a member under subsection (b) may not exceed $6,000 for the one-year period covered by the certification of the member. 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.”

    Enacted provision · exact public law section
    (1) by striking subsections (b), (d), (e), and (g);

16. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(d)(2)(A)(i) · 119 Stat. 3136

    Struck · 37 U.S.C. § 316(d)(1)

    Pub. L. 109–163, § 639(d)(2)(A)(i), struck out “monthly special pay or” before “a bonus under” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 109–163, § 639(d)(2)(A)(i), struck out “monthly special pay or” before “a bonus under” in introductory provisions.

    Enacted provision · exact public law section
    (i) by striking “monthly special pay or” in the matter preceding subparagraph (A); and

17. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(d)(2)(A)(ii) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 316(d)(1)(C)

    Pub. L. 109–163, § 639(d)(2)(A)(ii), substituted “under subsection (a)” for “for receipt of special pay under subsection (a) or a bonus under subsection (b), whichever applies to the member”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(C). Pub. L. 109–163, § 639(d)(2)(A)(ii), substituted “under subsection (a)” for “for receipt of special pay under subsection (a) or a bonus under subsection (b), whichever applies to the member”.

    Enacted provision · exact public law section
    (ii) in subparagraph (C), by striking “for receipt” and all that follows through the period at the end and inserting “under subsection (a).”;

18. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(d)(2)(B) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 316(d)(2)

    Pub. L. 109–163, § 639(d)(2)(B), substituted “The Secretary concerned” for “For purposes of providing an annual bonus to a member under the authority of this subsection, the Secretary concerned”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 109–163, § 639(d)(2)(B), substituted “The Secretary concerned” for “For purposes of providing an annual bonus to a member under the authority of this subsection, the Secretary concerned”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “For purposes” and all that follows through “the Secretary concerned” and inserting “The Secretary concerned”;

19. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(d)(2)(C) · 119 Stat. 3136

    1. Struck · 37 U.S.C. § 316(d)(3)

       Pub. L. 109–163, § 639(d)(2)(C), struck out “special pay or” before “a bonus under” and before “bonus was paid”

    2. Substituted · 37 U.S.C. § 316(d)(3)

       Pub. L. 109–163, § 639(d)(2)(C), substituted “subsection (f)” for “subsection (h)”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 109–163, § 639(d)(2)(C), struck out “special pay or” before “a bonus under” and before “bonus was paid” and substituted “subsection (f)” for “subsection (h)”.

    Enacted provision · exact public law section
    (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

20. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(d)(2)(D) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 316(d)(4)

    Pub. L. 109–163, § 639(d)(2)(D), substituted “section 303a(e) of this title” for “subsection (g)”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 109–163, § 639(d)(2)(D), substituted “section 303a(e) of this title” for “subsection (g)”.

    Enacted provision · exact public law section
    (D) in paragraph (4), by striking “subsection (g)” and inserting “section 303a(e) of this title”.

21. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 687(b)(25) · 119 Stat. 3136

    Amended · 37 U.S.C. § 316(e)

    Pub. L. 109–163, § 687(b)(25), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–163, § 687(b)(25), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows:

    “(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).”

    Enacted provision · exact public law section
    (25) Foreign language proficiency pay.— Subsection (e) of section 316 of such title, as added by section 639(c), is amended to read as follows: “(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.” .

22. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(b)(1) · 119 Stat. 3136

    1. Added · 37 U.S.C. § 316(e)

       Pub. L. 109–163, § 639(b)(1), (c), added subsec. (e)

    2. Struck · 37 U.S.C. § 316(e)

       Pub. L. 109–163, § 639(b)(1), (c), struck out heading and text of former subsec. (e). Text read as follows:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 639(b)(1), (c), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows:

    “(1) Except as provided in paragraph (2), special pay or a bonus paid under this section is in addition to any other pay or allowance payable to a member under any other provision of law. “(2) If a member of a reserve component serving on active duty receives special pay under subsection (a) for any month occurring during a certification period in which the member received, or is receiving, a bonus under subsection (b), the amount of the special pay paid to the member for the month shall be reduced by an amount equal to 1⁄12 of the bonus amount.”

    Enacted provision · exact public law section
    (1) by striking subsections (b), (d), (e), and (g);

23. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(b)(2) · 119 Stat. 3136

    Redesignated · 37 U.S.C. § 316(f)

    Pub. L. 109–163, § 639(b)(2), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–163, § 639(b)(2), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).

    Enacted provision · exact public law section
    (2) by redesignating subsections (f) and (h) as subsections (d) and (f), respectively; and

24. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(b)(1) · 119 Stat. 3136

    Struck · 37 U.S.C. § 316(g)

    Pub. L. 109–163, § 639(b)(1), struck out heading and text of subsec. (g). Text read as follows:

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–163, § 639(b)(1), struck out heading and text of subsec. (g). Text read as follows:

    “(1) The Secretary concerned may require 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, to repay to the United States an amount which bears the same ratio to the total amount of the bonus paid to the member as the unsatisfied portion of the certification period bears to the entire certification period. “(2) An obligation to repay the United States imposed under paragraph (1) or subsection (f)(4) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered for the member less than five years after the expiration of the certification period does not discharge the member from a debt arising under this paragraph. This paragraph applies to any case commenced under title 11 after the date of the enactment of this section.”

    Enacted provision · exact public law section
    (1) by striking subsections (b), (d), (e), and (g);

25. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 639(b)(2) · 119 Stat. 3136

    Redesignated · 37 U.S.C. § 316(h)

    Pub. L. 109–163, § 639(b)(2), redesignated subsec. (h) as (f)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–163, § 639(b)(2), redesignated subsec. (h) as (f).

    Enacted provision · exact public law section
    (2) by redesignating subsections (f) and (h) as subsections (d) and (f), respectively; and

36 of 36 references resolved to an enrolled provision