Page:United States Statutes at Large Volume 119.djvu/3315

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[119 STAT. 3297]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 3297]

PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3297

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c), as amended by subsection (b) of this section, the following new subsection (d): ‘‘(d) REPAYMENT OF INCENTIVE PAY.—(1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions and circumstances warrant. ‘‘(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 5 years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).’’. SEC. 629. ACTIVE-DUTY REENLISTMENT BONUS.

(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.—Subsection (a) of section 308 of title 37, United States Code, is amended— (1) in paragraph (1)(A), by striking ‘‘16 years of active duty’’ and inserting ‘‘20 years of active duty’’; and (2) in paragraph (3), by striking ‘‘18 years’’ and inserting ‘‘24 years’’. (b) INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF BONUS.— Paragraph (2)(B) of such subsection is amended by striking ‘‘$60,000’’ and inserting ‘‘$90,000’’. (c) REPEAL OF REFERENCE TO OBSOLETE SPECIAL PAY.—Paragraph (1) of such subsection is amended— (1) by inserting ‘‘and’’ at the end of subparagraph (B); (2) by striking subparagraph (C); and (3) by redesignating subparagraph (D) as subparagraph (C). (d) REPEAL OF OBSOLETE SPECIAL PAY.— (1) REPEAL.—Section 312a of title 37, United States Code, is repealed. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 312a.

37 USC prec. 301.

SEC. 630. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.

(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.—Subsection (a)(1) of section 308b of title 37, United States Code, is amended by striking ‘‘16 years of total military service’’ and inserting ‘‘20 years of total military service’’. (b) COMPUTATION OF BONUS AMOUNT.—Subsection (b) of such section is amended by adding at the end the following new paragraph: ‘‘(3) Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of the member at the time of discharge or release, exceeds

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