Page:United States Statutes at Large Volume 113 Part 1.djvu/681

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PUBLIC LAW 106-65—OCT. 5, 1999 113 STAT. 657 amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plsin specifying the amount of each installment payment under the agreement and the times for payment of the installments. "(e) ADDITIONAL PAY.—Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled. "(f) REPAYMENT. —(1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty as a department head on a surface vessel specified in the agreement, the Secretary of the Navy may require the officer to repay the United States, to the extent that the Secretary of the Navy determines conditions and circumstances warrant, any or all sums paid 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 (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). "(g) REGULATIONS.—The Secretary of the Navy shall prescribe regulations to carry out this section.". (2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 318 the following new item: "319. Special pay: surface warfare officer continuation pay.". (b) EFFECTIVE DATE.— The amendments made by subsection 37 USC 319 note, (a) shall take effect on October 1, 1999. SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE PAY. (a) INCENTIVE PAY AUTHORIZED. —(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 319, as added by section 627, the following new section: "§ 320. Incentive pay: career enlisted flyers "(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED. —In this section, the term 'eligible career enlisted flyer' means an enlisted member of the armed forces who— "(1) is entitled to basic pay under section 204 of this title, or is entitled to pay under section 206 of this title as described in subsection (e) of this section; "(2) holds an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or rating or the performance of such duty; "(3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and "(4) satisfies the operational flying duty requirements applicable under subsection (c). "(b) INCENTIVE PAY AUTHORIZED.— (1) The Secretary concerned may pay monthly incentive pay to an eligible career enlisted flyer