Page:United States Statutes at Large Volume 119.djvu/3314

 119 STAT. 3296

PUBLIC LAW 109–163—JAN. 6, 2006

SEC. 627. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR HARDSHIP DUTY PAY.

Section 305(a) of title 37, United States Code, is amended by striking ‘‘$300’’ and inserting ‘‘$750’’. SEC. 628. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.

Contracts.

VerDate 14-DEC-2004

07:21 Oct 30, 2006

(a) AUTHORITY TO PROVIDE LUMP SUM OR INSTALLMENT PAYMENTS.—Section 307a of title 37, United States Code, is amended— (1) in subsection (a)— (A) by striking ‘‘monthly’’; and (B) by adding at the end the following new sentence: ‘‘Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.’’; and (2) in subsection (b)— (A) by inserting ‘‘(1)’’ before ‘‘The Secretary concerned’’; (B) in paragraph (1), as so designated, by striking ‘‘incentive pay’’ in the first sentence and inserting ‘‘the payment of incentive pay on a monthly basis’’; and (C) by adding at the end the following new paragraph: ‘‘(2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.’’. (b) MAXIMUM RATE OR AMOUNT.—Subsection (c) of such section is amended to read as follows: ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000. ‘‘(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of— ‘‘(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and ‘‘(B) the number of months in the period for which incentive pay will be paid pursuant to the agreement. ‘‘(3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to— ‘‘(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by ‘‘(B) the number of installments over such period. ‘‘(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.’’. (c) REPAYMENT.—Such section is further amended—

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