118 STAT. 2075 PUBLIC LAW 108–375—OCT. 28, 2004 (3) An agreement entered into under this subsection by a person pursuing an academic degree shall include any terms and conditions that the Secretary of Defense determines necessary to protect the interests of the United States or otherwise appropriate for carrying out this section. (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.— (1) A person who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (c) shall refund to the United States an amount determined by the Secretary of Defense as being appro priate to obtain adequate service in exchange for financial assist ance. (2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. (3) The Secretary of Defense may waive, in whole or in part, a refund required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. (4) A discharge in bankruptcy under title 11, United States Code, that is entered less than five years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under this subsection. (e) RELATIONSHIP TO OTHER PROGRAMS.—The pilot program under this section is in addition to the authorities provided in chapter 111 of title 10, United States Code. The Secretary of Defense shall coordinate the provision of financial assistance under the authority of this section with the provision of financial assistance under the authorities provided in such chapter in order to maximize the benefits derived by the Department of Defense from the exercise of all such authorities. (f) RECOMMENDATION ON PILOT PROGRAM.—Not later than Feb ruary 1, 2007, the Secretary of Defense shall submit to the Commit tees on Armed Services of the Senate and the House of Representa tives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representa tives a plan for expanding and improving the national defense science and engineering workforce educational assistance pilot pro gram carried out under this section as appropriate to improve recruitment and retention to meet the requirements of the Depart ment of Defense for its science and engineering workforce on a short term basis and on a long term basis. (g) CRITICAL HIRING NEED.—Section 3304(a)(3) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following: ‘‘(B)(i) the Office of Personnel Management has deter mined that there exists a severe shortage of candidates or there is a critical hiring need; or ‘‘(ii) the candidate is a participant in the Science, Mathematics, and Research for Transformation (SMART) Defense Scholarship Pilot Program under section 1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.’’. (h) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this sec tion, the term ‘‘institution of higher education’’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (21 U.S.C. 1001). Deadline.
�
