250 
‘‘(J) Foreign language proficiency pay under 
section 316 of this title. 
‘‘(K) Critical skill retention bonus under section 
323 of this title. 
‘‘(2) The following special and incentive pays are de-
pendent on a member being in an enlisted status and may 
not be considered in determining the amount of the pay 
and allowances of a grade formerly held by an officer: 
‘‘(A) Special duty assignment pay under section 
307 of this title. 
‘‘(B) Reenlistment bonus under section 308 of 
this title. 
‘‘(C) Enlistment bonus under section 309 of this 
title. 
‘‘(D) Reenlistment bonus for nuclear-trained and 
qualified enlisted members under section 312a of this 
title. 
‘‘(E) Career enlisted flyer incentive pay under 
section 320 of this title.’’. 
(b) STYLISTIC AMENDMENTS.—Such section is further 
amended— 
(1) in subsections (a) and (b)— 
(A) by striking ‘‘he’’ each place it appears 
and inserting ‘‘the officer’’; and
251 
(B) by striking ‘‘his appointment’’ each 
place it appears and inserting ‘‘the appoint-
ment’’; 
(2) in subsection (c)(2), by striking ‘‘he’’ and in-
serting ‘‘the officer’’. 
SEC. 673. REPAYMENT OF UNEARNED PORTION OF BO-
NUSES, 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 BO-
NUSES AND OTHER BENEFITS WHEN CONDITIONS OF PAY-
MENT 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 re-
quirements shall repay to the United States an amount 
equal to the unearned portion of the bonus or similar benefit 
if the member fails to satisfy the requirements, except in 
certain circumstances authorized by the Secretary con-
cerned.
252 
‘‘(2) The Secretary concerned may establish, by regula-
tions, procedures for determining the amount of the repay-
ment 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 reg-
ulations the conditions under which an installment pay-
ment 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 satifies the eligibility requirements for the bonus 
or similar benefit. For the military departments, this sub-
section 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 con-
tract, 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 pay-
253 
ment, 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 ac-
tive status in a reserve component; 
‘‘(ii) to perform duty in a specified skill, 
with or without a specified qualification or cre-
dential; 
‘‘(iii) to perform duty at a specified loca-
tion; 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 com-
menced under title 11 after March 30, 2006. 
(b) CONFORMING AMENDMENTS TO TITLE 37.—
254 
(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: 
‘‘(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 last 
sentence and inserting the following new sen-
255 
tence: ‘‘If such entitlement is terminated, the offi-
cer 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 sub-
section (a)(4) or subsection (b)(1) shall be subject to the re-
payment 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 para-
graph (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 sec-
ond sentence; 
(B) by striking subsection (e) and inserting 
the following new subsection:
256 
‘‘(e) REPAYMENT.—An officer who does not complete 
the period of active duty for which the payment was made 
under subsection (a)(4) 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) An officer who does not become and remain li-
censed 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— 
(A) in subsection (c), by striking the last 
sentence; and 
(B) by striking subsection (e) and inserting 
the following new subsection: 
‘‘(e) An officer who does not complete the period of ac-
tive duty specified in the agreement entered into under sub-
257 
section (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.—Subsection (c) of sec-
tion 302f of such title is amended by striking ‘‘re-
fund’’ and inserting ‘‘repay.’’. 
(10) SELECTED RESERVE HEALTH CARE PRO-
FESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
TIES
SPECIAL
PAY.—Section 302g of such title is 
amended— 
(A) by striking subsections (d) and (e); 
(B) by inserting after subsection (c) the fol-
lowing 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 sub-
section (e). 
(11) ACCESSION
BONUS
FOR
DENTAL
OFFI-
CERS.—Subsection (d) of section 302h of such title is 
amended to read as follows: 
‘‘(d) A person after signing a written agreement who 
thereafter is not commissioned as an officer of the armed
258 
forces, or does not become licensed as a dentist, or does not 
complete the period of active duty specified in the agreement 
entered into under subsection (a) shall be subject to the re-
payment provisions of section 303a(e) of this title.’’. 
(12) ACCESSION
BONUS
FOR
PHARMACY
OFFI-
CERS.—Subsection (e) of section 302j of such title is 
amended to read as follows: 
‘‘(e) A person after signing a written agreement who 
thereafter is not commissioned as an officer of the armed 
forces, or does not become and remain certified or licensed 
as a pharmacist, or does not complete the period of active 
duty specified in the agreement entered into under sub-
section (a) shall be subject to the repayment provisions of 
section 303a(e) of this title.’’. 
(13) REENLISTMENT BONUS FOR ACTIVE MEM-
BERS.—Subsection (d) of section 308 of such title is 
amended to read as follows: 
‘‘(d) 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 tech-
nically qualified in the skill for which a bonus was paid 
to to the member under this section, shall be subject to the 
repayment provisions of section 303a(e) of this title.’’.