Page:United States Statutes at Large Volume 118.djvu/1983

 118 STAT. 1953 PUBLIC LAW 108–375—OCT. 28, 2004 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 uni formed 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 occur ring 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 OPER ATION.—(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 sub section (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

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