1. (a) Authority.— The Secretary of Defense may pay special pay under this section to an employee of the Department of Defense who—

   1. (1) has been certified by the Secretary to be proficient in a foreign language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests;
   2. (2) is assigned duties requiring proficiency in that foreign language; and
   3. (3) is not receiving special pay under section 1596 of this title.
2. (b) Rate.— The rate of special pay for an employee under this section shall be prescribed by the Secretary, but may not exceed five percent of the employee’s rate of basic pay.
3. (c) Relationship to Other Pay and Allowances.— Special pay under this section is in addition to any other pay or allowances to which the employee is entitled.
4. (d) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section.

(Added Pub. L. 106–398, § 1 [[div. A], title XI, § 1131(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–317; amended Pub. L. 108–375, div. A, title XI, § 1102(a), Oct. 28, 2004, 118 Stat. 2072.)

Editorial Notes

Amendments

2004—Subsec. (a)(2). Pub. L. 108–375 struck out “during a contingency operation supported by the armed forces” after “foreign language”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title XI, § 1102(b), Oct. 28, 2004, 118 Stat. 2072, provided that:

“The amendment by this section [amending this section] shall take effect on the first day of the first month that begins after the date of the enactment of this Act [

Oct. 28, 2004].”