HR 3793 PCS
SEC. 2. CONTINUATION OF ENTITLEMENT TO BONUSES 
AND SIMILAR BENEFITS FOR MEMBERS OF 
THE UNIFORMED SERVICES WHO DIE, ARE 
SEPARATED OR RETIRED FOR DISABILITY, 
OR MEET OTHER CRITERIA. 
(a) DISCRETION TO PROVIDE EXCEPTION TO TERMI-
NATION AND REPAYMENT REQUIREMENTS UNDER CER-
TAIN CIRCUMSTANCES.—Section 303a(e) of title 37, 
United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘; 
TERMINATION
OF
ENTITLEMENT
TO
UNPAID 
AMOUNTS’’ after ‘‘MET’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘A member’’ and inserting 
‘‘(A) Except as provided in paragraph (2), a 
member’’; and 
(B) by striking ‘‘the requirements, except 
in certain circumstances authorized by the Sec-
retary concerned.’’ and inserting ‘‘the eligibility 
requirements and may not receive any unpaid 
amounts of the bonus or similar benefit after 
the member fails to satisfy the requirements, 
unless the Secretary concerned determines that 
the imposition of the repayment requirement 
and termination of the payment of unpaid 
amounts of the bonus or similar benefit with re-
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gard to the member would be contrary to a per-
sonnel policy or management objective, would 
be against equity and good conscience, or would 
be contrary to the best interests of the United 
States.’’; and 
(3) by redesignating paragraph (2) as subpara-
graph (B) of paragraph (1). 
(b) MANDATORY PAYMENT OF UNPAID AMOUNTS 
UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF 
UNEARNED
AMOUNTS.—Section 303a(e) of title 37, 
United States Code, is amended by inserting after para-
graph (1), as amended by subsection (a), the following 
new paragraph (2): 
‘‘(2)(A) If a member of the uniformed services dies 
(other than as a result the member’s misconduct) or is 
retired or separated for disability under chapter 61 of title 
10, the Secretary concerned— 
‘‘(i) shall not require repayment by the member 
or the member’s estate of the unearned portion of 
any bonus or similar benefit previously paid to the 
member; and 
‘‘(ii) shall require the payment to the member 
or the member’s estate of the remainder of any 
bonus or similar benefit that was not yet paid to the 
member, but to which the member was entitled im-
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mediately before the death, retirement, or separation 
of the member, and would be paid if not for the 
death, retirement, or separation of the member. 
‘‘(B) The amount to be paid under subparagraph 
(A)(ii) shall be equal to the full amount specified by the 
agreement or contract applicable to the bonus or similar 
benefit as if the member continued to be entitled to the 
bonus or similar benefit following the death, retirement, 
or separation. 
‘‘(C) Amounts to be paid to a member or the mem-
ber’s estate under subparagraph (A)(ii) shall be paid in 
a lump sum not later than 90 days after the date of the 
death, retirement, or separation of the member, whichever 
applies.’’. 
(c) CONFORMING AMENDMENTS REFLECTING CON-
SOLIDATED SPECIAL PAY AND BONUS AUTHORITIES.— 
(1) CONFORMING AMENDMENTS.—Section 373 
of title 37, United States Code, as added by section 
661 of the National Defense Authorization Act for 
Fiscal Year 2008, is amended— 
(A) in subsection (a)— 
(i) in the subsection heading, by in-
serting ‘‘AND TERMINATION’’ after ‘‘RE-
PAYMENT’’; and 
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(ii) by inserting before the period at 
the end the following: ‘‘, and the member 
may not receive any unpaid amounts of the 
bonus, incentive pay, or similar benefit 
after the member fails to satisfy such serv-
ice or eligibility requirement’’; and 
(B) by striking subsection (b) and insert-
ing the following new subsection: 
‘‘(b) EXCEPTIONS.— 
‘‘(1) DISCRETION TO PROVIDE EXCEPTION TO 
TERMINATION AND REPAYMENT REQUIREMENTS.— 
Pursuant to the regulations prescribed to administer 
this section, the Secretary concerned may grant an 
exception to the repayment requirement and require-
ment to terminate the payment of unpaid amounts 
of a bonus, incentive pay, or similar benefit if the 
Secretary concerned determines that the imposition 
of the repayment and termination requirements with 
regard to a member of the uniformed services would 
be contrary to a personnel policy or management ob-
jective, would be against equity and good conscience, 
or would be contrary to the best interests of the 
United States. 
‘‘(2) 
MANDATORY
PAYMENT
OF
UNPAID 
AMOUNTS UNDER CERTAIN CIRCUMSTANCES; NO RE-
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PAYMENT OF UNEARNED AMOUNTS.—(A) If a mem-
ber of the uniformed services dies (other than as a 
result the member’s misconduct) or is retired or sep-
arated for disability under chapter 61 of title 10, the 
Secretary concerned— 
‘‘(i) shall not require repayment by the 
member or the member’s estate of the unearned 
portion of any bonus, incentive pay, or similar 
benefit previously paid to the member; and 
‘‘(ii) shall require the payment to the 
member or the member’s estate of the remain-
der of any bonus, incentive pay, or similar ben-
efit that was not yet paid to the member, but 
to which the member was entitled immediately 
before the death, retirement, or separation of 
the member, and would be paid if not for the 
death, retirement, or separation of the member. 
‘‘(B) The amount to be paid under subpara-
graph (A)(ii) shall be equal to the full amount speci-
fied by the agreement or contract applicable to the 
bonus, incentive pay, or similar benefit as if the 
member continued to be entitled to the bonus, incen-
tive pay, or similar benefit following the death, re-
tirement, or separation. 
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‘‘(C) Amounts to be paid to a member or the 
member’s estate under subparagraph (A)(ii) shall be 
paid in a lump sum not later than 90 days after the 
date of the death, retirement, or separation of the 
member, whichever applies.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of 
such section is amended to read as follows: 
‘‘§ 373. Repayment of unearned portion of bonus, in-
centive pay, or similar benefit, and termi-
nation of remaining payments, when con-
ditions of payment not met’’. 
(B) TABLE OF CONTENTS.—The table of 
sections at the beginning of chapter 5 of title 
37, United States Code, is amended by striking 
the item relating to section 373 and inserting 
the following new item: 
‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, 
and termination of remaining payments, when conditions of 
payment not met.’’. 
(d) CONDITION ON IMPLEMENTATION.—The imple-
mentation by the Secretary of Defense and the Secretary 
concerned (as defined in section 101 of title 37, United 
States Code) of sections 303a(e) and 373 of such title, 
as amended by this section, during fiscal year 2008 shall 
be subject to the availability of funds for this purpose in-
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Calendar No. 554 
110TH CONGRESS 
1ST SESSION 
H. R. 3793 
AN ACT 
To amend title 37, United States Code, to require 
the continued payment to a member of the uni-
formed services who dies or is retired or sepa-
rated under chapter 61 of title 10, United States 
Code, bonuses and similar benefits that the mem-
ber was entitled to before the death, retirement, 
or separation of the member and would be paid 
if the member had not died, retired, or separated, 
to prohibit requiring the member to repay any 
portion of the bonuses or similar benefits pre-
viously paid, and for other purposes. 
DECEMBER 19, 2007 
Received; read twice and placed on the calendar 
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