Page:United States Statutes at Large Volume 107 Part 2.djvu/724

 107 STAT. 1674 PUBLIC LAW 103-160—NOV. 30, 1993 or a civilian employee under the jurisdiction of the Secretary to investigate the mcts of the case and heeur evidence presented by the person who may owe the debt and other parties, as appropriate, in order to determine the validity of the debt. That omcial shall report the officiars findings and recommendations to the Secretary concerned. If the justification for the debt investigated includes an allegation of misconduct, the investigating official shall state in the report the official's assessment as to whetiier the individual behavior that resulted in the separation of the person who may owe the debt qualifies as misconduct under subsection (a)(3). "(2) The Secretary of each military department shall ensure that a member of the armed forces who may be subject to a reimbursement requirement under this section is advised of such requirement before (1) submitting a request for volimtary separation, or (2) making a decision on a course of action regarding personal involvement in administrative, nonjudicial, and judicial action resulting from alleged misconduct. "(h) The Secretary concerned may, at any time before October 1, 1998, modify an agreement described in subsection (a) to reduce the active duty service obligation specified in the agreement if the Secretary determines that it is in the best interests of the United States to do so. In such a case, the Secretary shall reduce the amount required to be reimbursed to the United States proportionately with the reduction in the period of obligated active duty service.". 10 USC 2005 (b) EFFECTIVE DATES. —(1) Subsection (g) of section 2005 of ^°^- title 10, United States Code, as added by subsection (a), shall apply with respect to persons separated from the Armed Forces after the end of the six-month period beginning on the date of the enactment of this Act. (2) Subsection (h) of such section, as added by subsection (a), shall apply with respect to persons separated from the Armed Forces after the date of the enactment of this Act. SEC. 674. RECOGNITION BY STATES OF MILITARY POWERS OF ATTOR- NEY. (a) IN GENERAL.—Chapter 53 of title 10, United States Code, is amended by inserting after section 1044a the following new section: "(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT REGARD TO STATE LAW.— ^A military power of attorney— "(1) is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and "(2) shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned. "(b) MILITARY POWER OF ATTORNEY. — For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law. Regulations. " (c) STATEMENT To BE INCLUDED. —(1) Under regulations prescribed by the Secretary concerned, each military power of attorney
 * § 1044b. Military powers of attorney: requirement for recognition by States

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