12 2 STA T . 1 5 2 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 (2)insub s ect i o n (e)( 1 ) , b y st r i k in g‘ ‘t h een d o f 2 6 ye a rs of co m missioned ser v ice ’ ’ and inserting ‘‘the ma x imum number of years of commissioned service authori z ed by subsection (a)( 3 )’’ . (b) EF F ECTON E XIS TIN GA G R EE M ENTS. —T he S ecretary of the N avy and an officer of the nava l service w hoisa p arty to an agreement under section 312 of title 3 7 , U nited States C ode, that was entered into before the date of the enactment of this Act may revise the agreement to reflect the new limitation on the number of years of commissioned service that the officer may serve while remaining eligible for special pay under such section. SEC.62 2. WAIV E ROFY EARS - OF-SERVICE L I M I T ATIO N ON RECEI P TOF CRITICAL S K ILLS RETENTION B ON U S. Section 323(e) of title 37, United States Code, is amended by adding at the end the following new paragraph
‘‘( 4 ) The Secretary of D efense, or the Secretary of H omeland Security with respect to the Coast G uard when it is not operating as a service in the Navy, may waive the limitations in paragraph (1) with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties in a skill designated as critical under subsection (b)(1). The authority to grant a waiver under this paragraph may not be delegated below the Under Secretary of Defense for P ersonnel and R eadiness or the Deputy Secretary of the Department of Homeland Security.’’. SEC. 62 3 . ACCESSION BONUS FOR PARTICIPANTS IN T H E ARME D FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PRO G RAM. (a) ACCESSION B ON U S AUT H ORI Z E D .—Subchapter I of chapter 1 05 of title 10, United States Code, is amended by adding at the end the following new section: ‘ ‘ §21 2 8.Ac c es s ionb on u s f o rm embers of th e p ro g r a m ‘‘(a) A VA I L A B ILIT Y OF BONUS.—The Secretary of Defense may offer a person who enters into an agreement under section 2122(a)(2) of this title an accession bonus of not more than $ 20,000 as part of the agreement. ‘‘(b) RELATION TO O THER PAYMENTS.—An accession bonus paid a person under this section is in addition to any other amounts payable to the person under this subchapter. ‘‘(c) RE P AYMENT.—A person who receives an accession bonus under this section, but fails to comply with the agreement under section 2122(a)(2) of this title or to commence or complete the active duty obligation imposed by section 2123 of this title, shall be sub j ect to the repayment provisions of section 303a(e) of title 37.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin - ning of such subchapter is amended by adding at the end the following new item: ‘ ‘ 21 2 8.Ac c es s ionb on u s f o rm embers of th e p ro g r a m. ’ ’. (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to agreements entered into under section 2122(a)(2) of title 10, United States Code, on or after the date of the enactment of this Act. 10USC2 12 8note.37 USC 312 note.
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