Page:United States Statutes at Large Volume 116 Part 4.djvu/116

 116 STAT. 2544 PUBLIC LAW 107-314—DEC. 2, 2002 10 USC 510 note. Deadline. Deadline. 10 USC 510 note. to the amount of the incentive as the uncompleted part of such service bears to the total period of such service. "(2) Subject to paragraph (3), an obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. "(3) The Secretary concerned may waive, in whole or in part, a reimbursement required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. "(4) A discharge in bankruptcy under title 11 that is entered into less than five years after the termination of an agreement entered into under subsection (b) does not discharge the person signing the agreement from a debt arising under the agreement or under paragraph (1). "(j) FUNDING.— Amounts for payment of incentives under subsection (e), including pa3anent of allowances for educational assistance under that subsection, shall be derived from amounts available to the Secretary of the military department concerned for payment of pay, allowances, and other expenses of the members of the armed force concerned. "(k) REGULATIONS.— The Secretary of Defense and the Secretaries of the military departments shall prescribe regulations for purposes of the program under this section. "(1) DEFINITIONS.—In this section: "(1) The term 'Americorps' means the Americorps program carried out under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). "(2) The term 'qualifying student loan' means a loan, the proceeds of which were used to pay any part or all of the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 108711) at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). "(3) The term 'Secretary of a military department' includes, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy, the Secretary of the Department in which the Coast Guard is operating.". (2) The table of sections at the beginning of that chapter is amended by inserting after the item relating to section 509 the following new item: "510. Enlistment incentives for pursuit of skills to facilitate national service.". (b) COMMENCEMENT OF PROGRAM.— The Secretary of Defense shall prescribe the date on which the program provided for section 510 of title 10, United States Code, as added by subsection (a), shall commence. Such date shall be not later than October 1, 2003. (c) CONFORMING REPEAL. —Section 3264 of title 10, United States Code, is repealed. The table of sections at the beginning of chapter 333 of such title is amended by striking the item relating to section 3264. (d) IMPLEMENTATION REPORT.— Not later than March 31, 2003, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Secretary's plans for implementation of section 510 of title 10, United States Code, as added by subsection (a).

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