Page:United States Statutes at Large Volume 94 Part 1.djvu/640

 94 STAT. 590

37 USC 311. 37 USC 313.

Entitlement termination. Post, p. 592.

PUBLIC LAW 96-284—JUNE 28, 1980 exceed $8,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. "(2) An officer is not eligible for incentive special pay under paragraph (1) of this subsection unless the Secretary of Health and Human Services has determined that such officer is qualified in the medical profession. "(3) The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed 6 percent of the total amount paid in such year for special pay under section 311 of this title for medical officers of the Public Health Service, for special pay under section 313 of this title, and for special pay under this section. "(c)(1) An officer may not be paid incentive special pay under subsection (b) of this section for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. "(2) Under regulations prescribed under section 303a(a) of this title, the Secretary of Health and Human Services may terminate at any time an officer's entitlement to the special pay authorized by subsection (b) of this section. If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement. "(d) Regulations prescribed by the Secretary of Health and Human Services under section 303a(a) of this title shall include standards for determining whether an officer is undergoing medical internship or initial residency training for purposes of subsection (b) of this section. "(e) Special pay payable to an officer under subsection OD) of this section shall be paid annually at the beginning of the twelve-month period for which the officer is entitled to such payment. "(f) An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection Qo) of this section shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 302b the following new item: "302c. Special pay: medical officers of the Public Health Service.".

37 USC 313.

(b)(1) Subsection (a) of section 313 of such title, relating to special pay for medical officers who execute active duty agreements, is amended— (A) by striking out "Secretary of Defense" and all that follows in such subsection through "Public Health Service," and inserting in lieu thereof "Secretary of Health and Human Services (hereinafter in this section referred to as the 'Secretary') and approved by the President, a medical officer of the Public Health Service"; and (B) by striking out "Secretary concerned" each place it appears in such subsection and inserting in lieu thereof "Secretary". (2) Subsection O> of such section is amended by striking out t) "Secretary of Defense, the Secretary concerned" and inserting in lieu thereof "Secretary, the Secretary". (3) Subsection (c) of such section is amended by striking out "by the Secretary of Defense or by the Secretary of Health, Education, and

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