Page:United States Statutes at Large Volume 120.djvu/2301

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[120 STAT. 2270]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 2270]

120 STAT. 2270

PUBLIC LAW 109–364—OCT. 17, 2006

SEC. 671. ENHANCEMENT OF AUTHORITY TO WAIVE CLAIMS FOR OVERPAYMENT OF PAY AND ALLOWANCES AND TRAVEL AND TRANSPORTATION ALLOWANCES.

10 USC 2774 note.

(a) MAXIMUM WAIVER AMOUNT; TIME FOR EXERCISE OF AUTHORITY.—Section 2774 of title 10, United States Code, is amended— (1) in subsection (a)(2)(A), by striking ‘‘$1,500’’ and inserting ‘‘$10,000’’; and (2) in subsection (b)(2), by striking ‘‘three years’’ and inserting ‘‘five years’’. (b) CONFORMING AMENDMENTS REGARDING NATIONAL GUARD.— Section 716 of title 32, United States Code, is amended— (1) in subsection (a)(2)(A), by striking ‘‘$1,500’’ and inserting ‘‘$10,000’’; and (2) in subsection (b)(2), by striking ‘‘three years’’ and inserting ‘‘five years’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on March 1, 2007. SEC. 672. EXCEPTION FOR NOTICE TO CONSUMER REPORTING AGENCIES REGARDING DEBTS OR ERRONEOUS PAYMENTS PENDING A DECISION TO WAIVE, REMIT, OR CANCEL.

10 USC 2780 note.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

(a) EXCEPTION.—Section 2780(b) of title 10, United States Code, is amended— (1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) Except as provided in paragraph (2), the Secretary of Defense’’; and (2) by adding at the end the following new paragraph: ‘‘(2) No disclosure shall be made under paragraph (1) with respect to an indebtedness while a decision regarding waiver of collection of the indebtedness is pending under section 2774 of this title or section 716 of title 32, or while a decision regarding remission or cancellation of the indebtedness is pending under section 4837, 6161, or 9837 of this title, unless the Secretary concerned (as defined in section 101(5) of title 37) determines that disclosure under that paragraph pending such decision is in the best interests of the United States.’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall take effect on March 1, 2007. (2) APPLICATION TO PRIOR ACTIONS.—Paragraph (2) of section 2780(b) of title 10, United States Code, as added by subsection (a), shall not be construed to apply to or invalidate any action taken under such section before March 1, 2007. (c) REPORT.—Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the requirement in section 2780(b) of title 10, United States Code, to disclose to consumer reporting agencies in accordance with section 3711 of title 31, United States Code, information concerning certain indebtedness owed to the United States. The report shall include the following: (1) The total number of members of the Armed Forces whose indebtedness has been disclosed to consumer reporting agencies under section 2780(b), United States Code, during the period beginning on January 1, 2003, and ending on June 30, 2006. (2) The circumstances under which a decision to recover the indebtedness was made, rather than a decision to waive,

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