PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3327
the member fails to satisfy the requirements, except in certain circumstances authorized by the Secretary concerned. ‘‘(2) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar benefit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. For the military departments, this subsection shall be administered under regulations prescribed by the Secretary of Defense. ‘‘(3) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after— ‘‘(A) the date of the termination of the agreement or contract on which the debt is based; or ‘‘(B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based. ‘‘(4) In this subsection: ‘‘(A) The term ‘bonus or similar benefit’ means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this subsection. ‘‘(B) The term ‘service’, as used in paragraph (3)(B), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned— ‘‘(i) to remain on active duty or in an active status in a reserve component; ‘‘(ii) to perform duty in a specified skill, with or without a specified qualification or credential; ‘‘(iii) to perform duty at a specified location; or ‘‘(iv) to perform duty for a specified period of time.’’. (2) APPLICABILITY TO TITLE 11 CASES.—In the case of a provision of law amended by subsection (b), (c), or (d) of this section, paragraph (3) of subsection (a) of section 303a of title 37, United States Code, as added by this subsection, shall apply to any case commenced under title 11, United States Code, after March 30, 2006. (b) CONFORMING AMENDMENTS TO TITLE 37.— (1) AVIATION CAREER OFFICER RETENTION BONUS.—Subsection (g) of section 301b of title 37, United States Code, is amended to read as follows: ‘‘(g) REPAYMENT.—An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.’’. (2) MEDICAL OFFICER MULTIYEAR RETENTION BONUS.—Subsection (c) of section 301d of such title is amended to read as follows:
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Regulations.
37 USC 303a note.
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