120 STAT. 2272
10 USC 4837 note.
PUBLIC LAW 109–364—OCT. 17, 2006
incurred while the person was serving on active duty as a member of the Air Force’’. (2) REPEAL OF LIMITATION ON TIME FOR EXERCISE OF AUTHORITY.—Such section is further amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (3) REPEAL OF TERMINATION OF MODIFIED AUTHORITY.— Paragraph (3) of section 683(c) of the National Defense Authorization Act for Fiscal Year 2006 (119 Stat. 3324; 10 U.S.C. 9837 note) is repealed. (d) DEADLINE FOR REGULATIONS.—The Secretary of Defense shall prescribe the regulations required for purposes of sections 4837, 6161, and 9837 of title 10, United States Code, as amended by this section, not later than March 1, 2007. (e) CLARIFYING AND EDITORIAL AMENDMENTS.— (1) SECRETARY OF THE ARMY.—Subsection (a) of section 4837 of title 10, United States Code, as amended by subsection (a)(1), is further amended— (A) by striking ‘‘If the’’ and all that follows through ‘‘States, the Secretary’’ and inserting ‘‘The Secretary of the Army’’; and (B) by inserting before the period at the end ‘‘, but only if the Secretary considers such action to be in the best interest of the United States’’. (2) SECRETARY OF THE NAVY.—Subsection (a) of section 6161 of such title, as amended by subsection (b)(1), is further amended— (A) by striking ‘‘If the’’ and all that follows through ‘‘States, the Secretary’’ and inserting ‘‘The Secretary of the Navy’’; and (B) by inserting before the period at the end ‘‘, but only if the Secretary considers such action to be in the best interest of the United States’’. (3) SECRETARY OF THE AIR FORCE.—Subsection (a) of section 9837 of such title, as amended by subsection (c)(1), is further amended— (A) by striking ‘‘If the’’ and all that follows through ‘‘States, the Secretary’’ and inserting ‘‘The Secretary of the Air Force’’; and (B) by inserting before the period at the end ‘‘, but only if the Secretary considers such action to be in the best interest of the United States’’. SEC. 674. PHASED RECOVERY OF OVERPAYMENTS OF PAY MADE TO MEMBERS OF THE UNIFORMED SERVICES.
(a) PHASED RECOVERY REQUIRED; MAXIMUM MONTHLY INSTALLMENT.—Subsection (c) of section 1007 of title 37, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) If the indebtedness of a member of the uniformed services to the United States is due to the overpayment of pay or allowances to the member through no fault of the member, the amount of the overpayment shall be recovered in monthly installments. The amount deducted from the pay of the member for a month to recover the overpayment amount may not exceed 20 percent of the member’s pay for that month unless the member requests or consents to collection of the overpayment at an accelerated rate.’’.
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