Page:United States Statutes at Large Volume 119.djvu/3344

 119 STAT. 3326

37 USC 907 note.

PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(C) Special pay for diving duty under section 304 of this title. ‘‘(D) Hardship duty pay under section 305 of this title. ‘‘(E) Career sea pay under section 305a of this title. ‘‘(F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b of this title. ‘‘(G) Assignment incentive pay under section 307a of this title. ‘‘(H) Special pay for duty subject to hostile fire or imminent danger under section 310 of this title. ‘‘(I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 of this title. ‘‘(J) Foreign language proficiency pay under section 316 of this title. ‘‘(K) Critical skill retention bonus under section 323 of this title. ‘‘(2) The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer: ‘‘(A) Special duty assignment pay under section 307 of this title. ‘‘(B) Reenlistment bonus under section 308 of this title. ‘‘(C) Enlistment bonus under section 309 of this title. ‘‘(D) Career enlisted flyer incentive pay under section 320 of this title.’’. (b) STYLISTIC AMENDMENTS.—Such section is further amended— (1) in subsections (a) and (b)— (A) by striking ‘‘he’’ each place it appears and inserting ‘‘the officer’’; and (B) by striking ‘‘his appointment’’ each place it appears and inserting ‘‘the appointment’’; and (2) in subsection (c)(2), by striking ‘‘he’’ and inserting ‘‘the officer’’. (c) EFFECTIVE DATE.—Subsection (d) of section 907 of title 37, United States Code, as amended by subsection (a), shall apply with respect to any acceptance by an enlisted member of the Armed Forces of an appointment as an officer made on or after the date of the enactment of this Act. SEC. 687. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL PAYS, AND EDUCATIONAL BENEFITS.

(a) REPAYMENT OF UNEARNED PORTION OF BONUSES AND OTHER BENEFITS.— (1) UNIFORM REPAYMENT PROVISION.—Section 303a of title 37, United States Code, is amended by adding at the end the following new subsection: ‘‘(e) REPAYMENT OF UNEARNED PORTION OF BONUSES AND OTHER BENEFITS WHEN CONDITIONS OF PAYMENT NOT MET.—(1) A member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if

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