SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Noble Warrior Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RETIREMENT OF MEMBERS OF THE ARMED FORCES 
FOR DISABILITY 
Sec. 101. Retirement for disability of members of the Armed Forces after im-
plementation of enhanced Department of Veterans Affairs dis-
ability compensation system. 
Sec. 102. Continuation of respite care and aid and other extended care benefits 
for members of the uniformed services who incur a serious in-
jury or illness on active duty. 
TITLE II—COMPENSATION OF VETERANS FOR SERVICE- 
CONNECTED DISABILITY 
Sec. 201. Study on veterans disability compensation. 
Sec. 202. Study on veterans transition benefits. 
Sec. 203. Study on measures to assist and encourage veterans in the comple-
tion of their vocational rehabilitation plans. 
Sec. 204. Proposal on veterans disability compensation and veterans transition 
benefits. 
Sec. 205. Congressional consideration of proposal. 
Sec. 206. Effective date of implementation of enhanced Department of Vet-
erans Affairs disability compensation system. 
Sec. 207. Enhanced Department of Veterans Affairs disability compensation 
system. 
Sec. 208. Supplemental survivor benefit for survivors of veterans retired for dis-
ability after implementation of enhanced Department of Vet-
erans Affairs disability compensation system. 
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TITLE I—RETIREMENT OF MEM-
BERS OF THE ARMED FORCES 
FOR DISABILITY 
SEC. 101. RETIREMENT FOR DISABILITY OF MEMBERS OF 
THE ARMED FORCES AFTER IMPLEMENTA-
TION OF ENHANCED DEPARTMENT OF VET-
ERANS AFFAIRS DISABILITY COMPENSATION 
SYSTEM. 
(a) IN GENERAL.—Chapter 61 of title 10, United 
States Code, is amended— 
(1) by inserting before section 1201 the fol-
lowing: 
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‘‘SUBCHAPTER I—RETIREMENT OR SEPARA-
TION BEFORE IMPLEMENTATION OF EN-
HANCED DEPARTMENT OF VETERANS AF-
FAIRS DISABILITY COMPENSATION SYSTEM 
‘‘§ 1200. Applicability of subchapter: members retired 
or separated before implementation of 
enhanced Department of Veterans Affairs 
disability compensation system; certain 
members on temporary disability retired 
list as of implementation of enhanced De-
partment of Veterans Affairs disability 
compensation system 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), this subchapter applies to the retirement or separation 
for disability of members as follows: 
‘‘(1) Members who are eligible for retirement 
for disability or separation for disability before the 
effective date of the implementation of the enhanced 
Department of Veterans Affairs disability compensa-
tion system under chapter 12 of title 38 (as deter-
mined in accordance with section 206 of the Noble 
Warrior Act). 
‘‘(2) Members on the temporary disability re-
tired list as of the effective date of the implementa-
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tion of the enhanced Department of Veterans Affairs 
disability compensation system who— 
‘‘(A) are eligible for retirement under the 
provisions of subchapter II in accordance with 
section 1206c of this title; but 
‘‘(B) do not elect to retire under the provi-
sions of subchapter II as otherwise provided in 
section 1206c of this title. 
‘‘(b) INAPPLICABILITY TO CERTAIN MEMBERS.—For 
provisions relating to the applicability of subchapter II to 
the retirement for disability of certain members otherwise 
covered by this subchapter under subsection (a)(1), see 
section 1206b of this title.’’; 
(2) by transferring section 1206a to appear 
after section 1207a and redesignating such section, 
as so transferred, as section 1207b; and 
(3) by inserting after section 1206 the fol-
lowing: 
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‘‘SUBCHAPTER II—RETIREMENT AFTER IMPLE-
MENTATION OF ENHANCED DEPARTMENT 
OF VETERANS AFFAIRS DISABILITY COM-
PENSATION SYSTEM 
‘‘§ 1206a. Applicability of subchapter: members re-
tired on or after implementation of en-
hanced Department of Veterans Affairs 
disability compensation system 
‘‘(a) IN GENERAL.—This subchapter applies to the 
retirement of members for disability (including the place-
ment of members on the temporary disability retired list 
in accordance with section 1206e of this title) on or after 
the effective date of the implementation of the enhanced 
Department of Veterans Affairs disability compensation 
system (as determined in accordance with section 206 of 
the Noble Warrior Act). 
‘‘(b) EXCLUSIVE APPLICATION.—Members eligible 
for retirement under this subchapter by reason of this sec-
tion are not eligible for retirement or separation under 
subchapter I. 
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‘‘§ 1206b. Applicability of subchapter: certain mem-
bers retired on or after October 7, 2001, 
but before implementation of enhanced 
Department of Veterans Affairs disability 
compensation system 
‘‘(a) ELECTION
OF APPLICABILITY.—(1) During 
such period as the Secretary of Defense shall prescribe 
for purposes of this section, a former member described 
in subsection (b) may elect to retire under this subchapter 
in lieu of retirement under the provisions of this chapter 
as in effect on the day before the effective date of the 
implementation of the enhanced Department of Veterans 
Affairs disability compensation system (as determined in 
accordance with section 206 of the Noble Warrior Act). 
‘‘(2) Each election under this subsection shall be exe-
cuted in such form and manner as the Secretary of De-
fense shall prescribe for purposes of this section. 
‘‘(3) Any election made under this subsection is irrev-
ocable. 
‘‘(b) COVERED FORMER MEMBERS.—A former mem-
ber described in this subsection is any former member 
who, during the period beginning on October 7, 2001, and 
ending on the day before the effective date of the imple-
mentation of the enhanced Department of Veterans Af-
fairs disability compensation system, is retired under the 
provisions of this chapter as in effect before the effective 
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date of the implementation of the enhanced Department 
of Veterans Affairs disability compensation system. 
‘‘(c) TREATMENT OF FORMER MEMBERS MAKING 
ELECTIONS.—(1) Effective as of the date of the correction 
of the military records of such former member under sub-
section (d), each former member who makes an election 
under subsection (a) shall be deemed to have been retired 
under this subchapter, with retired pay computed under 
section 1401 of this title (as in effect after the effective 
date of the implementation of the enhanced Department 
of Veterans Affairs disability compensation system), rath-
er than to have been retired under the provisions of this 
chapter as in effect before the effective date of the imple-
mentation of the enhanced Department of Veterans Af-
fairs disability compensation system. 
‘‘(2) No benefits are available to a former member 
under this subchapter for any period before the correction 
of the military records of the former member under sub-
section (d). 
‘‘(3) The Secretary of Defense may not recoup or col-
lect from any former member who is retired under this 
subchapter pursuant to an election under subsection (a) 
any amount of retired pay paid to the former member 
under this chapter before the date of the effective date 
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‘‘(d) TREATMENT
OF MEMBERS MAKING ELEC-
TIONS.—(1) Effective as of the date of such election, each 
member who makes an election under subsection (a) shall 
be retired under this subchapter, with retired pay com-
puted under section 1401 of this title (as in effect after 
the effective date of the implementation of the enhanced 
Department of Veterans Affairs disability compensation 
system). 
‘‘(2) No benefits are available to a member under this 
subchapter for any period before the election of the mem-
ber under subsection (a). 
‘‘(3) The Secretary of Defense may not recoup or col-
lect from any member who is retired under this subchapter 
pursuant to an election under subsection (a) any amount 
of retired pay paid to the member under this chapter be-
fore the date of the election of the member under sub-
section (a). 
‘‘§ 1206d. Retirement 
‘‘(a) IN GENERAL.—Upon a determination by the 
Secretary concerned that a member covered by this sub-
chapter under section 1206a of this title is unfit to per-
form the duties of the member’s office, grade, rank, or 
rating because of physical disability, the Secretary may, 
consistent with regulations prescribed by the Secretary of 
Defense for purposes of this subchapter, retire the mem-
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ber, with retired pay computed under section 1401 of this 
title (as in effect after the effective date of the implemen-
tation of the enhanced Department of Veterans Affairs 
disability compensation system), if the Secretary con-
cerned also makes the determinations specified in sub-
section (b) with respect to the member. 
‘‘(b) DETERMINATIONS.—The determinations speci-
fied in this subsection with respect to a member are deter-
minations by the Secretary concerned as follows: 
‘‘(1) That the disability of the member, based 
upon accepted medical principles— 
‘‘(A) is of a permanent nature; or 
‘‘(B) is of uncertain permanency, such that 
a temporary disability retirement under section 
1206e of this title is appropriate. 
‘‘(2) That the injury, illness, or disease ren-
dering the member unfit was incurred or aggravated 
in the line of duty— 
‘‘(A) while the member was entitled to 
basic pay under section 204 of title 37 or com-
pensation under section 206 of that title; 
‘‘(B) while performing active duty but not 
entitled to basic pay under section 204 of title 
37 or inactive-duty training; or 
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‘‘(C) while engaged in an activity covered 
by 
section 
1201(c)(3), 
1204(2)(B), 
or 
1204(2)(C) of this title. 
‘‘(3) That the injury, illness, or disease was 
not— 
‘‘(A) the result of the member’s intentional 
misconduct or willful neglect; or 
‘‘(B) incurred during a period of unauthor-
ized absence. 
‘‘§ 1206e. Temporary disability retired list 
‘‘(a) IN GENERAL.—Subject to the provisions of this 
section, a member covered by section 1206d(b) of this title 
who is described by paragraph (1)(B) of such section shall 
have such member’s name placed on the temporary dis-
ability retired list, with retired pay computed under sec-
tion 1401 of this title (as in effect after the effective date 
of the implementation of the enhanced Department of Vet-
erans Affairs disability compensation system (as deter-
mined in accordance with section 206 of the Noble War-
rior Act)). 
‘‘(b) ADMINISTRATION.—(1) Subsection (a) shall be 
administered in accordance with such regulations as the 
Secretary of Defense shall prescribe for purposes of this 
section. 
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‘‘(2)(A) Except as provided in subparagraph (B), the 
regulations prescribed under this subsection shall provide 
for the applicability of the provisions of sections 1210 and 
1211 of this title to a member whose name is placed on 
the temporary disability retired list under this section. 
‘‘(B) The provisions of subsections (c), (d), and (e) 
of section 1210 of this title shall not apply to a member 
whose name is placed on the temporary disability retired 
list under this section. 
‘‘(3)(A) The regulations shall provide for appropriate 
mechanisms, applicable uniformly across the military de-
partments, for an annual review by the military depart-
ments of determinations to place members’ names on the 
temporary disability retired list under this section in order 
to ensure the accuracy and consistency of such determina-
tions by the military departments. 
‘‘(B) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives each year a report on the results 
of the reviews conducted by the military departments 
under subparagraph (A) during the preceding year. 
‘‘(c) RETIREMENT.—If, as a result of a periodic ex-
amination under section 1210(a) of this title or upon a 
final determination under section 1210(b) of this title, it 
is determined that a member’s physical disability is of a 
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permanent nature, the member’s name shall be removed 
from the temporary disability retired list, and the member 
shall be retired under section 1206d of this title. 
‘‘§ 1206f. Treatment of retired pay 
‘‘(a) IN GENERAL.—Retired pay authorized by this 
subchapter shall be treated as retired pay for all purposes 
under this title, including for purposes of eligibility for 
medical and dental care under chapter 55 of this title. 
‘‘(b) NO OFFSET UNDER DUPLICATION OF BENE-
FITS.—Retired pay authorized by this subchapter is not 
subject to the prohibitions against duplication of benefits 
under sections 5304 and 5305 of title 38. 
‘‘(c) INELIGIBILITY FOR COMBAT-RELATED SPECIAL 
COMPENSATION.—A member retired under this sub-
chapter is not eligible for combat-related special com-
pensation under section 1413a of this title. 
‘‘(d) INELIGIBILITY FOR CERTAIN SPACE-AVAILABLE 
TRAVEL.—A member retired under this subchapter resid-
ing in a Commonwealth or possession of the United States 
is not eligible for space-available travel on Department of 
Defense aircraft under section 2461b of this title. 
‘‘§ 1206g. Determinations of unfitness 
‘‘(a) IN GENERAL.—In this subchapter, a finding of 
unfitness for duty with respect to a member shall be based 
on determinations by the Secretary concerned that— 
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‘‘(1) the member is unfit to perform the duties 
of the member’s office, grade, rank, or rating be-
cause of a physical disability; and 
‘‘(2) it is unlikely that through retraining in an-
other occupational specialty or other preparations 
the member can be reassigned to other duties the 
member would be fit to perform and which are con-
sistent with the needs of the armed force concerned. 
‘‘(b) INTERSERVICE TRANSFER.—With the consent 
of a member determined unfit for duty under subsection 
(a), the member may, instead of being retired under this 
subchapter, be transferred under section 716 of this title 
to another uniformed service if the Secretary responsible 
for that uniformed service determines that the member, 
currently or through retraining in another occupational 
specialty or other preparations, can be reassigned to other 
duties the member would be fit to perform and which are 
consistent with the needs of that uniformed service. 
‘‘(c) CONTINUATION OF SERVICE OF MEMBER DE-
TERMINED UNFIT.—Upon the agreement of a member de-
termined unfit for duty under subsection (a) and the Sec-
retary concerned, the member’s service may be continued 
under terms and conditions specified by the Secretary con-
cerned, including through transfer to another uniformed 
service under section 716 of this title. 
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