Page:United States Statutes at Large Volume 105 Part 2.djvu/429

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1381 SEC. 633. VARIABLE HOUSING ALLOWANCE. Section 403a(b)(3) of title 37, United States Code (as amended by section 604(b)(l)(B)), is further amended by striking out "140 days" and inserting in lieu thereof "140 days, unless the call or order to active duty is in support of a contingency operation"; SEC. 634. MEDICAL, DENTAL, AND NONPHYSICIAN SPECIAL PAYS FOR RE- SERVE, RECALLED, OR RETAINED HEALTH CARE OFFICERS. (a) EuGiBLE FOR SPECIAL PAY.—Chapter 5 of title 37, United States Code, is amended by inserting after section 302e the following new section: "§ 302f. Special pay: reserve, recalled, or retained health care ofH- cers "(a) ELIGIBLE FOR SPECIAL PAY.—A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sections that— "(1) the call or order of the officer to active duty be for a period of not less than one year; or "(2) the officer execute a written agreement to remain on active duty for a period of not less than one year. "(b) HEALTH CARE OFFICERS DESCRIBED. — A health care officer referred to in subsection (a) is an officer of the armed forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who— "(1) is a reserve officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year; "(2) is involuntarily retained on active duty under section 673c of title 10, or is recalled to active duty under section 688 of title 10 for a period of more than 30 days; or "(3) voluntarily agrees to remain on active duty for a period of less than one year at a time when— "(A) officers are involuntarily retained on active duty under section 673c of title 10; or "(B) the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances justify the payment of special pay under this section. "(c) MONTHLY PAYMENTS. —Pajment of special pay pursuant to this section may be made on a monthly basis. The officer shall refund any amount received under this section in excess of the amount that corresponds to the actual period of active duty served by the officer. "(d) SPECIAL RULE FOR RESERVE MEDICAL OFFICER. —While a reserve medical officer receives a special pay under section 302 of this title by reason of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section.". (b) CLERICAL AMENDMENT.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 302e the following new item: "302f. Special pay: reserve, recalled, or retained health care officers.".

�