PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3323
may have remitted or cancelled any part of the indebtedness of a member of the Navy on active duty, or a member of a reserve component of the Navy 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 of the Navy 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 561 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 6161 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act shall be revived. (c) INDEBTEDNESS OF MEMBERS OF THE AIR FORCE.— (1) AUTHORITY.—Section 9837 of title 10, United States Code, is amended to read as follows:
10 USC 6161 note.
‘‘§ 9837. 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 Air Force on active duty, or a member of a reserve component of the Air Force 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.
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