Page:United States Statutes at Large Volume 113 Part 1.djvu/684

 113 STAT. 660 PUBLIC LAW 106-65—OCT. 5, 1999 Deadline. "(1) is qualified and serving as a judge advocate, as defined in section 801 of title 10; and "(2) has completed— "(A) the active duty service obligation incurred through the officer's original commissioning program; or "(B) in the case of an officer detailed under section 2004 of title 10 or section 470 of title 14, the active duty service obligation incurred as part of that detail. "(b) SPECIAL PAY AUTHORIZED. —An eligible judge advocate who executes a written agreement to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000. "(c) PRORATION.—The term of an agreement under subsection (b) and the amount payable under the agreement may be prorated. "(d) PAYMENT METHODS.— Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for pa3anent of the installments. "(e) ADDITIONAL PAY. —Any amount paid to an officer under this section is in addition to any other pay and allowances to which the 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 specified in the agreement, the Secretary concerned may require the officer to repay the United States, to the extent that the Secretary 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 concerned 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 320 the following new item: "321. Special pay: judge advocate continuation pay.". (b) STUDY AND REPORT ON ADDITIONAL RECRUITMENT AND RETENTION INITIATIVES. —(1) The Secretary of Defense shall conduct a study regarding the need for additional incentives to improve the recruitment and retention of judge advocates for the Armed Forces. At a minimum, the Secretary shall consider as possible incentives constructive service credit for basic pay, educational loan repayment, and Federal student loan relief. (2) Not later than March 31, 2000, the Secretary shall submit to Congress a report containing the findings and recommendations resultingfi*omthe study.

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