Page:United States Statutes at Large Volume 119.djvu/3340

 119 STAT. 3322

PUBLIC LAW 109–163—JAN. 6, 2006 ‘‘(i) serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay under section 310(a) of title 37; ‘‘(ii) is assigned to a deployable ship or mobile unit or to other duty designated for the purpose of this section; or ‘‘(iii) on or after August 29, 2005, performs duty designated by the Secretary of Defense as qualifying duty for purposes of this subsection.’’.

SEC. 683. EXPANSION OF AUTHORITY TO REMIT OR CANCEL INDEBTEDNESS OF MEMBERS OF THE ARMED FORCES INCURRED ON ACTIVE DUTY.

(a) INDEBTEDNESS OF MEMBERS OF THE ARMY.— (1) AUTHORITY.—Section 4837 of title 10, United States Code, is amended to read as follows:

10 USC 4837 note.

‘‘§ 4837. Settlement of accounts: remission or cancellation of indebtedness of members ‘‘(a) IN GENERAL.—If the Secretary considers it to be in the best interest of the United States, the Secretary may have remitted or cancelled any part of the indebtedness of a member of the Army on active duty, or a member of a reserve component of the Army in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty. ‘‘(b) PERIOD OF EXERCISE OF AUTHORITY.—The Secretary may exercise the authority in subsection (a) with respect to a member— ‘‘(1) while the member is on active duty or in active status, as the case may be; ‘‘(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or ‘‘(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release. ‘‘(c) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001. ‘‘(d) REGULATIONS.—This section shall be administered under regulations prescribed by the Secretary of Defense.’’. (2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 453 of such title is amended by striking the penultimate word. (3) TERMINATION.—The amendments made by this subsection shall terminate on December 31, 2007. Effective on that date, section 4873 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act shall be revived. (b) INDEBTEDNESS OF MEMBERS OF THE NAVY.— (1) AUTHORITY.—Section 6161 of title 10, United States Code, is amended to read as follows: ‘‘§ 6161. Settlement of accounts: remission or cancellation of indebtedness of members ‘‘(a) IN GENERAL.—If the Secretary of the Navy considers it to be in the best interest of the United States, the Secretary

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