‘‘(A) OBLIGATION AS DEBT.—An obligation to 
reimburse the United States imposed under para-
graph (1) is for all purposes a debt owed to the 
United States. 
‘‘(B) REPAYMENT.—The Secretary of Defense 
may waive, in whole or in part a refund required 
under paragraph (1) if the Secretary determines 
that recovery would be against equity and good con-
science or would be contrary to the best interests of 
the United States. 
‘‘(C) 
EFFECT
OF
DISCHARGE
IN
BANK-
RUPTCY.—A discharge in bankruptcy under title 11 
that is entered less than five years after the termi-
nation of an agreement under this section does not 
discharge the person signing such agreement from a 
debt arising under such agreement or under this 
subsection.’’; 
(2) by striking subsection (f); and 
(3) by redesignating subsection (g) as sub-
section (f). 
(pp) CADETS: AGREEMENT TO SERVICE AS OFFI-
CER.—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 under subsection (b), shall be 
subject to the repayment provisions of section 327 of title 
37.’’. 
(qq) MIDSHIPMEN: AGREEMENT FOR LENGTH OF 
SERVICE.—Section 6959 of such title is amended by add-
ing 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 under subsection 
(b), shall be subject to the repayment provisions of section 
327 of title 37.’’. 
(rr) CADETS: AGREEMENT TO SERVICE AS OFFI-
CER.—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 under subsection (b), shall be 
subject to the repayment provisions of section 327 of title 
37.’’. 
(ss) CADETS: NUMBER, APPOINTMENT, OBLIGATION 
TO SERVE.—Section 182 of title 14, United States Code, 
is amended by adding at the end the following new sub-
section: 
‘‘(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 under subsection (c), 
shall be subject to the repayment provisions of section 327 
of title 37.’’. 
(tt) EDUCATIONAL ASSISTANCE FOR MEMBERS OF 
THE SELECTED RESERVE.—Section 16135 of title 10 
United States Code, is amended to read as follows: 
‘‘§ 16135. Failure to participate satisfactorily; pen-
alties 
‘‘(a) A member of the Selected Reserve of the Ready 
Reserve of an armed force who does not participate satis-
factorily 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, shall, at 
the option of the Secretary concerned— 
‘‘(1) be ordered to active duty for a period of 
two years or the period of obligated service the per-
son has remaining under section 16132 of this title, 
whichever is less; or 
‘‘(2) be subject to the repayment provisions 
under section 327 of title 37. 
‘‘(b) Any repayment under the provisions of section 
327 of title 37 shall not affect the period of obligation
100 
of such member to serve as a Reserve in the selected Re-
serve.’’. 
(uu) HEALTH PROFESSIONS STIPEND PROGRAM— 
PENALTIES
AND LIMITATIONS.—Subparagraph (B) of 
section 16203(a)(1) of such title is amended to read as 
follows: 
‘‘(B) shall be subject to the repayment pro-
visions of section 327 of title 37.’’. 
(vv) MARINE CORPS PLATOON LEADERS CLASS: 
COLLEGE TUITION ASSISTANCE PROGRAM.—Subsection 
(f) of section 16401 of such title is amended— 
(1) in paragraph (1), by striking ‘‘may be re-
quired to repay the full amount of financial assist-
ance’’ and inserting ‘‘shall be subject to the repay-
ment provisions of section 327 of title 37’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) Any requirement to repay any portion of 
financial assistance received under this section shall 
be administered under Secretary of Defense regula-
tions issued under section 327 of title 37. The Sec-
retary of the Navy may waive the obligations ref-
erenced in paragraph (1) in the case of a person 
who—’’.
101 
(ww) EFFECTIVE DATE.—(1) The amendments made 
by this section shall take effect on April 1, 2006. 
(2) Notwithstanding paragraph (1)— 
(A) the amendments made by this section do 
not apply to any bonus, incentive, special pay or 
similar payment (such as education assistance or sti-
pend), which the United States became obligated to 
pay before April 1, 2006; and 
(B) the following provisions in effect on March 
30, 2006, shall continue to apply, in accordance with 
the provisions thereof, with respect to any bonus, in-
centive, special pay, or an educational benefit or sti-
pend, which the United States became obligated to 
pay before April 1, 2006: 
(i) sections 301b(g), 301d(c), 301e(d), 
302(f), 302a(b)(4), 302b, 302d(d), 302e, 302f, 
302g, 302h, 302j, 308(d), 308b(d), 308c(d), 
308e(d), 308g(d), 308h(c), 308i(d), 309(b), 
312(b), 312b(a)(2), 314(d), 318(h), 319(h), 
321(f), 322(f), 323(g), 324(f), 325(g), and 
326(e) of title 37, United States Code; 
(ii) sections 510, 2005(a)(3), 2005(c), 
2005(d), 2005(f), 2005(g), 2007, 2105, 2107, 
2123(e)(1)(C), 2130a(d), 2173(g), 2200a(e)(3), 
4348, 6959, 9348, 16135, 16203(a)(1)(B), and
102 
16401(f)(1) of title 10, United States Code; 
and 
(iii) section 182 of title 14, United States 
Code. 
SEC. 616. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR-
IZED FOR HARDSHIP DUTY PAY. 
(a) INCREASE.—Section 305(a) of title 37, United 
States Code, is amended by striking ‘‘$300’’ and inserting 
‘‘$750’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2005. 
Subtitle C—Retired Pay 
SEC. 621. PROHIBIT COURT-ORDERED PAYMENTS BEFORE 
RETIREMENT BASED ON IMPUTATION OF RE-
TIRED PAY. 
(a) AUTHORITY.—Section 1408(c)(3) of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ’’(3)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) A court may not order a member to 
make payments based upon an imputation of a 
property interest in future retired pay of any 
kind to a spouse or former spouse before the 
date of the member’s actual retirement.’’.