10 U.S.C. § 8271
10 U.S.C. § 8271
EDITORIAL NOTES
AMENDMENTS2018- Pub. L. 115-232 renumbered section 6161 of this title as this section. 2016-Subsec. (a). Pub. L. 114-328 substituted "as a member of the naval service, whether as a regular or a reserve in active status" for "on active duty as a member of the naval service". 2008-Subsec. (a). Pub. L. 110-181 made technical correction to directory language of Pub. L. 109-364, §673(b)(1). See 2006 Amendment note below.2006- Pub. L. 109-163 amended section catchline and text generally. Prior to amendment, text read as follows: "If he considers it in the best interest of the United States, the Secretary of the Navy may have remitted or canceled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of that member's honorable discharge."Subsec. (a). Pub. L. 109-364, §673(e)(2), substituted "The Secretary of the Navy" for "If the Secretary of the Navy considers it to be in the best interest of the United States, the Secretary" and inserted ", but only if the Secretary considers such action to be in the best interest of the United States" before period at end. Pub. L. 109-364, §673(b)(1), as amended by Pub. L. 110-181 substituted "of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the naval service" for "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".Subsecs. (b) to (d). Pub. L. 109-364, §673(b)(2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: "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."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232 set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114-328 effective Dec. 23, 2016, and applicable with respect to debt incurred on or after Oct. 7, 2001, see section 671(b)(5) of Pub. L. 114-328 set out as a note under section 7837 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-181, div. A, title X, §1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(7)(B) is effective as of Oct. 17, 2006, and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, Pub. L. 109-364 as enacted.
TERMINATION DATE OF 2006 AMENDMENT Pub. L. 109-163, div. A, title VI, §683(b)(3), Jan. 6, 2006, 119 Stat. 3323, which provided for termination of amendments by Pub. L. 109-163, §683(b), amending this section and the analysis to this chapter, on Dec. 31, 2007, and restoration of provisions as in effect on the day before Jan. 6, 2006, was repealed by Pub. L. 109-364, div. A, title VI, §673(b)(3), Oct. 17, 2006, 120 Stat. 2271.
REGULATIONSSecretary of Defense to prescribe regulations required for purposes of this section, as amended by Pub. L. 109-364 not later than Mar. 1, 2007, see section 673(d) of Pub. L. 109-364 set out as a note under section 7837 of this title.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active status
- The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- enlisted member
- The term "enlisted member" means a person in an enlisted grade.