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‘‘(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 fur-
ther amended—
(1) in subsections (a) and (b)—
(A) by striking ‘‘he’’ each place it appears 
and inserting ‘‘the officer’’; and
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(B) by striking ‘‘his appointment’’ each 
place it appears and inserting ‘‘the appoint-
ment’’; 
(2) in subsection (c)(2), by striking ‘‘he’’ and 
inserting ‘‘the officer’’. 
SEC. 673. REPAYMENT OF UNEARNED PORTION OF BO-
NUSES, SPECIAL PAYS, AND EDUCATIONAL 
BENEFITS. 
(a) REPAYMENT OF UNEARNED PORTION OF BO-
NUSES 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 
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 eligi-
bility requirements 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 require-
ments, except in certain circumstances authorized by the 
Secretary concerned.
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‘‘(2) The Secretary concerned may establish, by regu-
lations, procedures for determining the amount of the re-
payment required under this subsection and the cir-
cumstances under which an exception to the required re-
payment 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 re-
quirements for the bonus or similar benefit. For the mili-
tary 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 agree-
ment 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 pay-
270
ment, or an educational benefit or stipend, paid to 
a member of the uniformed services under a provi-
sion of law that refers to the repayment require-
ments 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 Sec-
retary 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 sub-
section (a) of section 303a of title 37, United States 
Code, as added by this subsection, shall apply to any 
case commenced under title 11 after March 30, 
2006.