Page:United States Statutes at Large Volume 113 Part 1.djvu/680

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113 STAT. 656 PUBLIC LAW 106-65—OCT. 5, 1999 "(g) ADDITIONAL PAY.—A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled. "(h) REPAYMENT.— (1) If an officer who has entered into an agreement under subsection (b) and has received all or part of a retention bonus under this section fails to complete the total period of active duty in special warfare service as specified in the agreement, the Secretary concerned may require the officer to repay the United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums paid the officer under this section. "(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. "(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). "(i) REGULATIONS.—The Secretaries concerned shall prescribe regulations to carry out this section, including the definition of the term 'special warfare service' for purposes of this section. Regulations prescribed by the Secretary of a military department under this section shall be subject to the approval of the Secretary of Defense.". (2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by adding at the end the following new item: "318. Special pay: special warfare officers extending period of active duty.". 37 USC 318 note. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on October 1, 1999. SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINU- ATION PAY. (a) INCENTIVE PAY AUTHORIZED. —(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 318, as added by section 626, the following new section: "§ 319. Special pay: surface warfare officer continuation pay "(a) ELIGIBLE SURFACE WARFARE OFFICER DEFINED. —In this section, the term 'eligible surface warfare officer' means an officer of the Regular Navy or Naval Reserve on active duty who— (1) is qualified and serving as a surface warfare officer; "(2) has been selected for assignment as a department head on a surface vessel; and "(3) has completed any service commitment incurred through the officer's original commissioning program. "(b) SPECIAL PAY AUTHORIZED.—An eligible surface warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000. "(c) PRORATION.— The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated. "(d) PAYMENT METHODS.— Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total