Page:United States Statutes at Large Volume 118.djvu/1982

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118 STAT. 1952 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(d) AMOUNT.—The amount of a bonus under this section may be any amount not in excess of $6,000 that the Secretary concerned determines appropriate. ‘‘(e) PAYMENT.—(1) Upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus is to be paid in one lump sum or in installments. ‘‘(2) A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty. ‘‘(f) RELATION TO OTHER ACCESSION BONUS AUTHORITY.—A per son may not receive an affiliation bonus or accession bonus under this section and financial assistance under chapter 1608, 1609, or 1611 of title 10, or under section 302g of this title, for the same period of service. ‘‘(g) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OBLIGATED SERVICE.—(1) A person who, after receiving all or part of the bonus under an agreement entered into by that person under this section, does not accept a commission or an appointment as an officer or does not commence to participate or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement shall repay to the United States such compensation or benefit, except under conditions pre scribed by the Secretary concerned. ‘‘(2) The Secretary concerned shall include in each agreement entered into by the Secretary under this section the requirements that apply for any repayment under this subsection, including the method for computing the amount of the repayment and any excep tions. ‘‘(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 termination of an agreement entered into under this section does not discharge a person from a debt arising under an agreement entered into under this subsection or a debt arising under paragraph (1).’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin ning of such chapter is amended by inserting after the item relating to section 308i the following new item: ‘‘308j. Special pay: bonus for certain initial service of officers in the Selected Re serve.’’. SEC. 620. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE PROFICIENCY PAY. (a) IN GENERAL.—(1) Section 316 of title 37, United States Code, is amended to read as follows: ‘‘§ 316. Special pay and bonus for members with foreign lan guage 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