Page:United States Statutes at Large Volume 115 Part 2.djvu/156

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115 STAT. 1140 PUBLIC LAW 107-107—DEC. 28, 2001 "(e) RELATION TO OTHER ACCESSION BONUS AUTHORITY.^AII individual may not receive an accession bonus under this section and section 302d, 302h, 302j, or 312b of this title for the same period of service. "(f) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OBLIGATED SERVICE.— (1) An individual who, after having received all or part of the accession bonus under an agreement referred to in subsection (a), fails to accept a commission as an officer or to commence or complete the total period of active duty service specified in the agreement shall repay to the United States the amount that bears the same ratio to the total amount of the bonus authorized for such person as the unserved part of the period of agreed active duty service bears to the total period of the agreed active duty service. However, the amount required to be repaid by the individual may not exceed the amount of the accession bonus that was paid to the individual. "(2) Subject to paragraph (3), an obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1). "(3) The Secretary concerned may waive, in whole or in part, the repayment requirement under paragraph (1) on a case-by-case basis if the Secretary concerned determines that repayment would be against equity and good conscience or would be contrary to the best interests of the United States. "(g) TERMINATION OF AUTHORITY.—No agreement under this section may be entered into after December 31, 2002.". (b) CLERICAL AMENDMENT.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "324. Special pay: accession bonus for new officers in critical skills.". SEC. 622. EDUCATION SAVINGS PLAN TO ENCOURAGE REENLIST- MENTS AND EXTENSIONS OF SERVICE IN CRITICAL SPECIALTIES. (a) ESTABLISHMENT OF SAVINGS PLAN.— (1) Chapter 5 of title 37, United States Code, is amended by inserting after section 324, as added by section 621, the following new section: '*§ 325. Incentive bonus: savings plan for education expenses and other contingencies "(a) BENEFIT AND ELIGIBILITY. — The Secretary concerned may purchase United States savings bonds under this section for a member of the armed forces who is eligible as follows: "(1) A member who, before completing three years of service on active duty, enters into a commitment to perform qualifying service. "(2) A member who, after completing three years of service on active duty, but not more than nine years of service on active duty, enters into a commitment to perform qualifying service. "(3) A member who, after completing nine years of service on active duty, enters into a commitment to perform qualifying service.