# § 1596a. Foreign language proficiency: special pay for proficiency beneficial for other national security interests
**(a)** **Authority.—** The Secretary of Defense may pay special pay under this section to an employee of the Department of Defense who—
**(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)** is assigned duties requiring proficiency in that foreign language; and
**(3)** is not receiving special pay under section 1596 of this title.
**(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.
**(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.
**(d)** **Regulations.—** The Secretary of Defense shall prescribe regulations to carry out this section.
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**Source Credit**: (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). struck out “during a contingency operation supported by the armed forces” after “foreign language”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2004 Amendment
> “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 [
>
> ].”
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