REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL PAYS, AND EDUCATIONAL BENEFITS.

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 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:119 STAT. 3328 “(c) 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.”.(3) Dental officer multiyear retention bonus.—Subsection (d) of section 301e of such title is amended to read as follows:“(d) 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.”.(4) Medical officer special pay.—Section 302 of such title is amended—(A) in subsection (c)(2), by striking the second sentence and inserting the following new sentence: “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.”; and(B) by striking subsection (f) and inserting the following new subsection:“(f) Repayment.—An officer who does not complete the period for which the payment was made under subsection (a)(4) or subsection (b)(1) shall be subject to the repayment provisions of section 303a(e) of this title.”.(5) Optometrist retention special pay.—Paragraph (4) of section 302a(b) of such title is amended to read as follows:“(4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which the payment was made under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.”.(6) Dental officer special pay.—Section 302b of such title is amended—(A) in subsection (b)(2), by striking the second sentence and inserting the following new sentence: “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.”;(B) by striking subsection (e) and inserting the following new subsection (e):“(e) Repayment.—An officer who does not complete the period of active duty specified in the agreement referred to in subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.”;(C) by striking subsection (f); and(D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.(7) Accession bonus for registered nurses.—Subsection (d) of section 302d of such title is amended to read as follows:“(d) Repayment.—An officer who does not become and remain licensed as a registered nurse during the period for which the payment is made, or 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.”.(8) Nurse anesthetist special pay.—Section 302e of such title is amended—119 STAT. 3329 (A) in subsection (c), by striking the last sentence and inserting the following new sentence: “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.”; and(B) by striking subsection (e) and inserting the following new subsection:“(e) 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.”.(9) Reserve, recalled, or retained health care officers special pay.—Section 302f(c) of such title is amended by striking “refund” and inserting “repay in the manner provided in section 303a(e) of this title”.(10) Selected reserve health care professionals in critically short wartime specialties special pay.—Section 302g of such title is amended—(A) by striking subsections (d) and (e);(B) by inserting after subsection (c) the following new subsection (d):“(d) Repayment.—An officer who does not complete the period of service in the Selected Reserve specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.”; and(C) by redesignating subsection (f), as amended by section 622(e), as subsection (e).(11) Accession bonus for dental officers.—Subsection (d) of section 302h of such title is amended to read as follows:“(d) Repayment.—A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.”.(12) Accession bonus for pharmacy officers.—Subsection (e) of section 302j of such title is amended to read as follows:“(e) Repayment.—A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become and remain certified or licensed as a pharmacist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.”.(13) Assignment incentive pay.—Subsection (d) of section 307a of such title, as added by section 628(c), is amended to read as follows:“(d) Repayment.—A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title.”.(14) Reenlistment bonus for active members.—Subsection (d) of section 308 of such title is amended to read as follows:119 STAT. 3330 “(d) A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title.”.(15) Reenlistment bonus for selected reserve.—Subsection (d) of section 308b of such title is amended to read as follows:“(d) Repayment.—A member who does not complete the term of enlistment in the element of the Selected Reserve for which the bonus was paid to the member under this section shall be subject to the repayment provisions of section 303a(e) of this title.”.(16) Selected reserve affiliation or enlistment bonus.—Section 308c of such title, as amended by section 631, is further amended by striking subsection (g) and inserting the following new subsection:“(g) Repayment.—A person who enters into an agreement under subsection (a) or (c) and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.”.(17) Ready reserve enlistment bonus.—Section 308g of such title is amended—(A) by striking subsection (d) and inserting the following new subsection:“(d) A person who does not serve satisfactorily in the element of the Ready Reserve in the combat or combat support skill for the period for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.”;(B) by striking subsections (e) and (f); and(C) by redesignating subsections (g) and (h), as amended by section 621(c), as subsections (e) and (f), respectively.(18) Ready reserve reenlistment, enlistment, and voluntary extension of enlistment bonus.—Section 308h of such title is amended—(A) by striking subsection (c) and inserting the following new subsection:“(c) Repayment.—A person who does not complete the period of enlistment or extension of enlistment for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.”;(B) by striking subsections (d) and (e); and(C) by redesignating subsections (f) and (g), as amended by section 621(d), as subsections (d) and (e), respectively.(19) Prior service enlistment bonus.—Subsection (d) of section 308i of such title is amended to read as follows:“(d) Repayment.—A person who receives a bonus payment under this section and who, during the period for which the bonus was paid, does not serve satisfactorily in the element of the Selected Reserve with respect to which the bonus was paid shall be subject to the repayment provisions of section 303a(e) of this title.”.(20) Enlistment bonus.—Subsection (b) of section 309 of such title is amended to read as follows:119 STAT. 3331 “(b) Repayment.—A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title.”.(21) Special pay for nuclear-qualified officers extending active duty.—Subsection (b) of section 312 of such title is amended to read as follows:“(b) An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (a) or subsection (d)(1), shall be subject to the repayment provisions of section 303a(e) of this title.”.(22) Nuclear career accession bonus.—Paragraph (2) of section 312b(a) of such title is amended to read as follows:“(2) An officer who does not commence or complete satisfactorily the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.”.(23) Enlisted members extending duty at designated locations overseas.—Subsection (d) of section 314 of such title is amended to read as follows:“(d) Repayment.—A member who, having entered into a written agreement to extend a tour of duty for a period under subsection (a), receives a bonus payment under subsection (b)(2) for a 12-month period covered by the agreement and ceases during that 12-month period to perform the agreed tour of duty shall be subject to the repayment provisions of section 303a(e) of this title.”.(24) Engineering and scientific career continuation pay.—Subsection (c) of section 315 of such title is amended to read as follows:“(c) An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.”.(25) Foreign language proficiency pay.—Subsection (e) of section 316 of such title, as added by section 639(c), is amended to read as follows:“(e) Repayment.—A member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, shall be subject to the repayment provisions of section 303a(e) of this title.”.(26) Critical acquisition positions.—Subsection (f) of section 317 of such title is amended to read as follows:“(f) Repayment.—An officer who, having entered into a written agreement under subsection (a) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.”.(27) Special warfare officers extending period of active duty.—Subsection (h) of section 318 of such title is amended to read as follows:119 STAT. 3332 “(h) Repayment.—An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty in special warfare service as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.”.(28) Surface warfare officers extending period of active duty.—Subsection (f) of section 319 of such title is amended to read as follows:“(f) Repayment.—An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.”.(29) Judge advocate continuation pay.—Subsection (f) of section 321 of such title is amended to read as follows:“(f) Repayment.—An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.”.(30) 15-year career status bonus.—Subsection (f) of section 322 of such title is amended to read as follows:“(f) Repayment.—If a person paid a bonus under this section does not complete a period of active duty beginning on the date on which the election of the person under paragraph (1) of subsection (a) is received and ending on the date on which the person completes 20 years of active duty service as described in paragraph (2) of such subsection, the person shall be subject to the repayment provisions of section 303a(e) of this title.”.(31) Critical military skills retention bonus.—Subsection (g) of section 323 of such title, as amended by section 640(e), is amended to read as follows:“(g) Repayment.—A member paid a bonus under this section who fails, during the period of service covered by the member’s agreement, reenlistment, or voluntary extension of enlistment under subsection (a), to remain qualified in the critical military skill or to satisfy the other eligibility criteria for which the bonus was paid shall be subject to the repayment provisions of section 303a(e) of this title.”.(32) Accession bonus for new officers in critical skills.—Subsection (f) of section 324 of such title is amended to read as follows:“(f) Repayment.—An individual who, having received all or part of the bonus under an agreement referred to in subsection (a), is not thereafter commissioned as an officer or does not commence or complete the total period of active duty service specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.”.(33) Savings plan for education expenses and other contingencies.—Subsection (g) of section 325 of such title is amended to read as follows:“(g) Repayment.—If a person does not complete the qualifying service for which the person is obligated under a commitment for which a benefit has been paid under this section, the person 119 STAT. 3333 shall be subject to the repayment provisions of section 303a(e) of this title.”.(34) Incentive bonus for conversion to military occupational specialty.—Subsection (e) of section 326 of such title is amended to read as follows:“(e) Repayment.—A member who does not convert to and complete the period of service in the military occupational specialty specified in the agreement executed under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.”.(35) Transfer between armed forces incentive bonus.—Section 327 of such title, as added by section 641, is amended by striking subsection (f) and inserting the following new subsection:“(f) Repayment.—A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall be subject to the repayment provisions of section 303a(e) of this title.”.(c) Conforming Amendments to Title 10.—(1) Enlistment incentives for pursuit of skills to facilitate national service.—Subsection (i) of section 510 of title 10, United States Code, is amended to read as follows:“(i) Repayment.—If a National Call to Service participant who has entered into an agreement under subsection (b) and received or benefitted from an incentive under paragraph (1) or (2) of subsection (e) fails to complete the total period of service specified in the agreement, the National Call to Service participant shall be subject to the repayment provisions of section 303a(e) of title 37.”.(2) Advanced education assistance.—Section 2005 of such title is amended—(A) in subsection (a), by striking paragraph (3) and inserting the following new paragraph:“(3) that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such person shall be subject to the repayment provisions of section 303a(e) of title 37; and”;(B) by striking subsections (c), (d), (f), (g) and (h);(C) by redesignating subsection (e) as subsection (d); and(D) by inserting after subsection (b), the following new subsection:“(c) As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any person, the Secretary concerned shall require that the person enter into the agreement described in subsection (a). In addition to the requirements of paragraphs (1) through (4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements specified in the agreement or does not fulfill any term or condition prescribed pursuant to paragraph (4) of such subsection, the person shall be subject to the repayment provisions of section 303a(e) of title 37 without the Secretary first ordering such person to active duty as provided for under subsection (a)(2) and sections 2107(f) and 2107a(f) of this title.”.119 STAT. 3334(3) Tuition for off-duty training or education.—Section 2007 of such title is amended by adding at the end the following new subsection:“(f) If an officer who enters into an agreement under subsection (b) does not complete the period of active duty specified in the agreement, the officer shall be subject to the repayment provisions of section 303a(e) of title 37.”.(4) Failure to complete advanced training or to accept commission.—Section 2105 of such title is amended by adding at the end the following new sentence: “If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) of title 37”. (5) Health professions scholarship and financial assistance program for active service.—Section 2123(e)(1)(C) of such title is amended by striking “equal to” and all that follows through the period at the end and inserting “pursuant to the repayment provisions of section 303a(e) of title 37.”. (6) Financial assistance for nurse officer candidates.—Subsection (d) of section 2130a of such title is amended to read as follows:“(d) Repayment.—A person who does not complete a nursing degree program in which the person is enrolled in accordance with the agreement entered into under subsection (a), or having completed the nursing degree program, does not become an officer in the Nurse Corps of the Army or the Navy or an officer designated as a nurse officer of the Air Force or commissioned corps of the Public Health Service or does not complete the period of obligated active service required under the agreement, shall be subject to the repayment provisions of section 303a(e) of title 37.”.(7) Education loan repayment program.—Subsection (g) of section 2173 of such title is amended—(A) by inserting “(1)” before “A commissioned officer”; and(B) by adding at the end the following new paragraph:“(2) An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions of section 303a(e) of title 37.”.(8) Scholarship program for degree program for degree or certification in information assurance.—Section 2200a of such title is amended—(A) by striking subsection (e) and inserting the following new subsection:“(e) Repayment for Period of Unserved Obligated Service.—(1) A member of an armed force who does not complete the period of active duty specified in the service agreement under section (b) shall be subject to the repayment provisions of section 303a(e) of title 37.“(2) A civilian employee of the Department of Defense who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of title 37 in the same manner and to the same extent as if the civilian employee were a member of the armed forces.”.119 STAT. 3335(B) by striking subsection (f); and(C) by redesignating subsection (g) as subsection (f).(9) Army cadet agreement to serve as officer.—Section 4348 of such title is amended by adding at the end the following new subsection:“(f) A cadet or former cadet who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.”.(10) Midshipmen agreement for length of service.—Section 6959 of such title is amended by adding at the end the following new subsection:“(f) A midshipman or former midshipman who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.”.(11) Air force cadet agreement to serve as officer.—Section 9348 of such title is amended by adding at the end the following new subsection:“(f) A cadet or former cadet who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.”.(12) Educational assistance for members of selected reserve.—Section 16135 of such title is amended to read as follows:“§ 16135. Failure to participate satisfactorily; penalties“(a) Penalties.—At the option of the Secretary concerned, a member of the Selected Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter, and during which the member has received such assistance, may—“(1) be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section 16132 of this title, whichever is less; or“(2) be subject to the repayment provisions under section 303a(e) of title 37.“(b) Effect of Repayment.—Any repayment under section 303a(e) of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.” .(13) Health professions stipend program penalties and limitations.—Subparagraph (B) of section 16203(a)(1) of such title is amended to read as follows:“(B) to comply with the repayment provisions of section 303a(e) of title 37.”.(14) Loan repayment program for chaplains serving in selected reserve.—Section 16303 of such title, as added by section 684, is amended by striking subsection (d) and inserting the following new subsection:“(d) Effect of Failure to Complete Obligation.—A person on whose behalf a loan is repaid under subsection (a) who fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3) shall be subject to the repayment provisions of section 303a(e) of title 37.”.119 STAT. 3336(15) College tuition assistance program for marine corps platoon leaders class.—Subsection (f) of section 16401 of such title is amended—(A) in paragraph (1), by striking “may be required to repay the full amount of financial assistance” and inserting “shall be subject to the repayment provisions of section 303a(e) of title 37”; and(B) in paragraph (2), by inserting before “The Secretary of the Navy” the following new sentence: “Any requirement to repay any portion of financial assistance received under this section shall be administered under the regulations issued under section 303a(e) of title 37.”. (d) Conforming Amendment to Title 14.—Section 182 of title 14, United States Code, is amended by adding at the end the following new subsection:“(g) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (b), or the alternative obligation imposed under subsection (c), shall be subject to the repayment provisions of section 303a(e) of title 37.”.(e) Clerical Amendments.—(1) Section heading.—The heading of section 303a of title 37, United States Code, is amended to read as follows:“§ 303a. Special pay: general provisions” .(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 303a and inserting the following new item: “303a. Special pay: general provisions.”. (f) Continued Application of Current Law to Existing Bonuses.—In the case of any bonus, incentive pay, special pay, or similar payment, such as education assistance or a stipend, which the United States became obligated to pay before April 1, 2006, under a provision of law amended by subsection (b), (c), or (d) of this section, such provision of law, as in effect on the day before the date of the enactment of this Act, shall continue to apply to the payment, or any repayment, of the bonus, incentive pay, special pay, or similar payment under such provision of law.