†
242
HR 1585 EAS
‘‘(A) A member in the regular component of
the Army.
‘‘(B) A member of the Army National
Guard.
‘‘(C) A member of the Army Reserve.
‘‘(D) A member of the Army in a retired
status, including a member under 60 years of
age who, but for age, would be eligible for retired
pay.
‘‘(E) A civilian employee of the Department
of the Army.
‘‘(b) REFERRAL.—For purposes of this section, a refer-
ral for which a bonus may be paid under subsection (a)
occurs—
‘‘(1) when the individual concerned contacts an
Army recruiter on behalf of a person interested in en-
listing in the Army; or
‘‘(2) when a person interested in enlisting in the
Army contacts the Army recruiter and informs the re-
cruiter of the role of the individual concerned in ini-
tially recruiting the person.
‘‘(c) CERTAIN REFERRALS INELIGIBLE.—
‘‘(1) REFERRAL
OF
IMMEDIATE
FAMILY.—A
member of the Army may not be paid a bonus under
†
243
HR 1585 EAS
subsection (a) for the referral of an immediate family
member.
‘‘(2) MEMBERS IN RECRUITING ROLES.—A mem-
ber of the Army serving in a recruiting or retention
assignment, or assigned to other duties regarding
which eligibility for a bonus under subsection (a)
could (as determined by the Secretary) be perceived as
creating a conflict of interest, may not be paid a
bonus under subsection (a).
‘‘(3) JUNIOR
RESERVE
OFFICERS’ 
TRAINING
CORPS INSTRUCTORS.—A member of the Army de-
tailed under subsection (c)(1) of section 2031 of title
10 to serve as an administrator or instructor in the
Junior Reserve Officers’ Training Corps program or
a retired member of the Army employed as an admin-
istrator or instructor in the program under subsection
(d) of such section may not be paid a bonus under
subsection (a).
‘‘(d) AMOUNT OF BONUS.—The amount of the bonus
payable for a referral under subsection (a) may not exceed
$2,000. The amount shall be payable as provided in sub-
section (e).
‘‘(e) PAYMENT.—A bonus payable for a referral of a
person under subsection (a) shall be paid as follows:
†
244
HR 1585 EAS
‘‘(1) Not more than $1,000 shall be paid upon
the commencement of basic training by the person.
‘‘(2) Not more than $1,000 shall be paid upon
the completion of basic training and individual ad-
vanced training by the person.
‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.—The
referral bonus authorized by this section is not a bounty
for purposes of section 514(a) of title 10.
‘‘(g) COORDINATION WITH RECEIPT
OF RETIRED
PAY.—A bonus paid under this section to a member of the
Army in a retired status is in addition to any compensa-
tion to which the member is entitled under title 10, 37, or
38, or any other provision of law.
‘‘(h) DURATION OF AUTHORITY.—A bonus may not be
paid under subsection (a) with respect to any referral that
occurs after December 31, 2008.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 5 of such title is
amended by adding at the end the following new item:
‘‘331. Bonus to encourage Army personnel to refer other persons for enlistment in
the Army.’’.
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section
645 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109–163), as amended, is repealed.
(c) PAYMENT OF BONUSES UNDER SUPERSEDED AU-
THORITY.—Any bonus payable under section 645 of the Na-
†
245
HR 1585 EAS
tional Defense Authorization Act for Fiscal Year 2006, as
amended, as of the day before the date of the enactment of
this Act shall remain payable after that date in accordance
with the provisions of such section as in effect on such day.
SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DE-
PARTMENT 
OF 
DEFENSE 
PERSONNEL 
TO
REFER OTHER PERSONS FOR APPOINTMENT
AS OFFICERS TO SERVE IN HEALTH PROFES-
SIONS.
(a) IN GENERAL.—Chapter 5 of title 37, United States
Code, as amended by section 622 of this Act, is further
amended by adding at the end the following new section:
‘‘§ 331a. Bonus to encourage Department of Defense
personnel to refer other persons for ap-
pointment as officers to serve in health
professions
‘‘(a) AUTHORITY TO PAY BONUS.—
‘‘(1) AUTHORITY.—The appropriate Secretary
may pay a bonus under this section to an individual
referred to in paragraph (2) who refers to a military
recruiter a person who has not previously served and,
after such referral, takes an oath of enlistment that
leads to appointment as a commissioned officer, or
accepts an appointment as a commissioned officer, in
†
246
HR 1585 EAS
an armed force in a health profession designated by
the appropriate Secretary for purposes of this section.
‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub-
ject to subsection (c), the following individuals are eli-
gible for a referral bonus under this section:
‘‘(A) A member of the armed forces in a reg-
ular component of the armed forced.
‘‘(B) A member of the armed forces in a re-
serve component of the armed forced.
‘‘(C) A member of the armed forces in a re-
tired status, including a member under 60 years
of age who, but for age, would be eligible for re-
tired or retainer pay.
‘‘(D) A civilian employee of a military de-
partment or the Department of Defense.
‘‘(b) REFERRAL.—For purposes of this section, a refer-
ral for which a bonus may be paid under subsection (a)
occurs—
‘‘(1) when the individual concerned contacts a
military recruiter on behalf of a person interested in
taking an oath of enlistment that leads to appoint-
ment as a commissioned officer, or accepting an ap-
pointment as a commissioned officer, as applicable,
in an armed force in a health profession; or
†
247
HR 1585 EAS
‘‘(2) when a person interested in taking an oath
of enlistment that leads to appointment as a commis-
sioned officer, or accepting an appointment as a com-
missioned officer, as applicable, in an armed force in
a health profession contacts a military recruiter and
informs the recruiter of the role of the individual con-
cerned in initially recruiting the person.
‘‘(c) CERTAIN REFERRALS INELIGIBLE.—
‘‘(1) REFERRAL
OF
IMMEDIATE
FAMILY.—A
member of the armed forces may not be paid a bonus
under subsection (a) for the referral of an immediate
family member.
‘‘(2) MEMBERS IN RECRUITING ROLES.—A mem-
ber of the armed forces serving in a recruiting or re-
tention assignment, or assigned to other duties re-
garding which eligibility for a bonus under subsection
(a) could (as determined by the appropriate Sec-
retary) be perceived as creating a conflict of interest,
may not be paid a bonus under subsection (a).
‘‘(3) JUNIOR
RESERVE
OFFICERS’ 
TRAINING
CORPS INSTRUCTORS.—A member of the armed forces
detailed under subsection (c)(1) of section 2031 of title
10 to serve as an administrator or instructor in the
Junior Reserve Officers’ Training Corps program or
a retired member of the armed forces employed as an
†
248
HR 1585 EAS
administrator or instructor in the program under
subsection (d) of such section may not be paid a
bonus under subsection (a).
‘‘(d) AMOUNT OF BONUS.—The amount of the bonus
payable for a referral under subsection (a) may not exceed
$2,000. The amount shall be payable as provided in sub-
section (e).
‘‘(e) PAYMENT.—A bonus payable for a referral of a
person under subsection (a) shall be paid as follows:
‘‘(1) Not more than $1,000 shall be paid upon
the execution by the person of an agreement to serve
as an officer in a health profession in an armed force
for not less than 3 years,
‘‘(2) Not more than $1,000 shall be paid upon
the completion by the person of the initial period of
military training as an officer.
‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.—The
referral bonus authorized by this section is not a bounty
for purposes of section 514(a) of title 10.
‘‘(g) COORDINATION WITH RECEIPT
OF RETIRED
PAY.—A bonus paid under this section to a member of the
armed forces in a retired status is in addition to any com-
pensation to which the member is entitled under title 10,
37, or 38, or any other provision of law.
†
249
HR 1585 EAS
‘‘(h) APPROPRIATE SECRETARY DEFINED.—In this
section, the term ‘appropriate Secretary’ means—
‘‘(1) the Secretary of the Army, with respect to
matters concerning the Army;
‘‘(2) the Secretary of the Navy, with respect to
matters concerning the Navy, the Marine Corps, and
the Coast Guard when it is operating as a service in
the Navy;
‘‘(3) the Secretary of the Air Force, with respect
to matters concerning the Air Force; and
‘‘(4) the Secretary of Defense, with respect to
personnel of the Department of Defense.
‘‘(i) DURATION OF AUTHORITY.—A bonus may not be
paid under subsection (a) with respect to any referral that
occurs after December 31, 2008.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of such title, as so amended, is
further amended by adding at the end the following new
item:
‘‘331a. Bonus to encourage Department of Defense personnel to refer other persons
for appointment as officers to serve in health professions.’’.
†
250
HR 1585 EAS
SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED
FORCES HEALTH PROFESSIONS SCHOLAR-
SHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) ACCESSION BONUS AUTHORIZED.—Section 2127
of title 10, United States Code, is amended by adding at
the end the following new subsection:
‘‘(f)(1) In order to increase participation in the pro-
gram, the Secretary of Defense may pay a person who signs
an agreement under section 2122 of this title an accession
bonus of not more than $20,000.
‘‘(2) An accession bonus paid a person under this sub-
section is in addition to any other amounts payable to the
person under this subchapter.
‘‘(3) In the case of an individual who is paid an acces-
sion bonus under this subsection, but fails to commence or
complete the obligated service required of the person under
this subchapter, the repayment provisions of section 303a(e)
of title 37 shall apply to the accession bonus paid the person
under this subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2007, and shall
apply with respect to agreements signed under subchapter
I of chapter 105 of title 10, United States Code, on or after
that date.
†
251
HR 1585 EAS
Subtitle C—Travel and
Transportation Allowances
SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE
UNITED STATES FOR OBSTETRICAL PUR-
POSES OF DEPENDENTS LOCATED IN VERY
REMOTE LOCATIONS OUTSIDE THE UNITED
STATES.
Section 1040 of title 10, United States Code, is
amended—
(1) by redesignating subsections (c) and (d) as
subsection (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
‘‘(c) The Secretary of Defense may pay the travel ex-
penses and related expenses of a dependent of a member
of the uniformed services assigned to a very remote location
outside the United States, as determined by the Secretary,
for travel for obstetrical purposes to a location in the United
States.’’.
SEC. 642. PAYMENT OF MOVING EXPENSES FOR JUNIOR RE-
SERVE OFFICERS’ TRAINING CORPS INSTRUC-
TORS IN HARD-TO-FILL POSITIONS.
Section 2031 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
†
252
HR 1585 EAS
‘‘(f)(1) When determined by the Secretary of the mili-
tary department concerned to be in the national interest
and agreed upon by the institution concerned, the institu-
tion may reimburse the moving expenses of a Junior Re-
serve Officers’ Training Corps instructor who executes a
written agreement to serve a minimum of two years of em-
ployment at the institution in a position that is hard-to-
fill for geographic or economic reasons and as determined
by the Secretary concerned.
‘‘(2) Any reimbursement of an instructor under para-
graph (1) is in addition to the minimum instructor pay
otherwise payable to the instructor.
‘‘(3) The Secretary concerned shall reimburse an insti-
tution making a reimbursement under paragraph (1) in an
amount equal to the amount of the reimbursement paid by
the institution under that paragraph. Any reimbursement
under this paragraph shall be made from funds appro-
priated for that purpose.
‘‘(4) The payment of reimbursements under para-
graphs (1) and (3) shall be subject to regulations prescribed
by the Secretary of Defense for purposes of this subsection.’’.
†
253
HR 1585 EAS
Subtitle D—Retired Pay and
Survivor Benefits
SEC. 651. MODIFICATION OF SCHEME FOR PAYMENT OF
DEATH GRATUITY PAYABLE WITH RESPECT
TO MEMBERS OF THE ARMED FORCES.
(a) IN GENERAL.—Subsection (a) of section 1477 of
title 10, United States Code, is amended by striking all that
follows ‘‘on the following list:’’ and inserting the following:
‘‘(1) To any individual designated by the person
in writing.
‘‘(2) If there is no person so designated, to the
surviving spouse of the person.
‘‘(3) If there is none of the above, to the children
(as prescribed by subsection (b)) of the person and the
descendants of any deceased children by representa-
tion.
‘‘(4) If there is none of the above, to the parents
(as prescribed by subsection (c)) of the person or the
survivor of them.
‘‘(5) If there is none of the above, to the duly ap-
pointed executor or administrator of the estate of the
person.
‘‘(6) If there is none of the above, to other next
of kin of the person entitled under the laws of domi-
cile of the person at the time of the person’s death.’’.
†
254
HR 1585 EAS
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (b), by striking ‘‘Subsection
(a)(2)’’ in the matter preceding paragraph (1) and
inserting ‘‘Subsection (a)(3)’’;
(2) by striking (c) and inserting the following
new subsection (c):
‘‘(c) For purposes of subsection (a)(4), parents include
fathers and mothers through adoption. However, only one
father and one mother may be recognized in any case, and
preference shall be given to those who exercised a parental
relationship on the date, or most nearly before the date, on
which the decedent entered a status described in section
1475 or 1476 of this title.’’; and
(3) by striking subsection (d).
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act.
(d) APPLICABILITY.—Notwithstanding subsection (c),
the provisions of section 1477 of title 10, United States
Code, as in effect on the day before the date of the enactment
of this Act, shall continue to apply to each member of the
Armed Forces covered by such section until the earlier of
the following—
†
255
HR 1585 EAS
(1) the date on which such member makes the
designation contemplated by paragraph (1) of section
1477(a) of such title (as amended by subsection (a) of
this section); or
(2) January 1, 2008.
(e) REGULATIONS.—
(1) IN GENERAL.—Not later than December 1,
2007, the Secretary of Defense shall prescribe regula-
tions to implement the amendments to section 1477 of
title 10, United States Code, made by subsection (a).
(2) ELEMENTS.—The regulations required by
paragraph (1) shall include forms for the making of
the designation contemplated by paragraph (1) of sec-
tion 1477(a) of title 10, United States Code (as
amended by subsection (a)), and instructions for
members of the Armed Forces in the filling out of such
forms.
SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF
DEPENDENT CHILDREN UNDER SURVIVOR
BENEFIT PLAN.
(a) ELECTION.—Section 1448(b) of title 10, United
States Code, is amended—
(1) in the subsection caption, by striking ‘‘AND
FORMER SPOUSE’’ and inserting ‘‘, FORMER SPOUSE,
AND GUARDIAN OR CARETAKER’’; and
†
256
HR 1585 EAS
(2) by adding at the end the following new para-
graph:
‘‘(6) GUARDIAN OR CARETAKER COVERAGE.—
‘‘(A) GENERAL RULE.—A person who is not
married and has one or more dependent children
upon becoming eligible to participate in the Plan
may elect to provide an annuity under the Plan
to a natural person (other than a natural person
with an insurable interest in the person under
paragraph (1) or a former spouse) who acts as
a guardian or caretaker to such child or chil-
dren. In the case of a person providing a reserve-
component annuity, such an election shall in-
clude a designation under subsection (e).
‘‘(B) TERMINATION
OF
COVERAGE.—Sub-
paragraphs (B) through (E) of paragraph (1)
shall apply to an election under subparagraph
(A) of this paragraph in the same manner as
such subparagraphs apply to an election under
subparagraph (A) of paragraph (1).
‘‘(C) ELECTION OF NEW BENEFICIARY UPON
DEATH
OF
PREVIOUS
BENEFICIARY.—Subpara-
graph (G) of paragraph (1) shall apply to an
election under subparagraph (A) of this para-
graph in the same manner as such subparagraph
†
257
HR 1585 EAS
(G) applies to an election under subparagraph
(A) of paragraph (1), except that any new bene-
ficiary elected under such subparagraph (G) by
reason of this subparagraph shall be a guardian
or caretaker of the dependent child or children of
the person making such election.’’.
(b) PAYMENT OF ANNUITY.—Section 1450 of such title
is amended—
(1) in subsection (a), by adding at the end the
following new paragraph:
‘‘(5) GUARDIAN OR CARETAKER COVERAGE.—The
natural person designated under section 1448(b)(6) of
this title, unless the election to provide an annuity to
the natural person has been changed as provided in
subsection (f).’’; and
(2) in the subsection caption of subsection (f), by
striking ‘‘OR FORMER SPOUSE’’ and inserting ‘‘,
FORMER SPOUSE, OR GUARDIAN OR CARETAKER’’.
(c) AMOUNT OF ANNUITY.—Section 1451(b) of such
title is amended—
(1) in the subsection caption, by inserting ‘‘OR
GUARDIAN
OR CARETAKER’’ after ‘‘INSURABLE IN-
TEREST’’; and
†
258
HR 1585 EAS
(2) 
by 
inserting 
‘‘or 
1450(a)(5)’’ 
after
‘‘1450(a)(4)’’ each place it appears in paragraphs (1)
and (2).
(d) REDUCTION IN RETIRED PAY.—Section 1452(c) of
such title is amended—
(1) in the subsection caption, by inserting ‘‘OR
GUARDIAN
OR CARETAKER’’ after ‘‘INSURABLE IN-
TEREST’’; and
(2) 
by 
inserting 
‘‘or 
1450(a)(5)’’ 
after
‘‘1450(a)(4)’’ each place it appears in paragraphs (1)
and (3).
SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COM-
PENSATION ELIGIBILITY FOR CHAPTER 61
MILITARY RETIREES.
(a) ELIGIBILITY.—Subsection (c) of section 1413a of
title 10, United States Code, is amended by striking ‘‘enti-
tled to retired pay who—’’ and all that follows and insert-
ing ‘‘who—
‘‘(1) is entitled to retired pay (other than by rea-
son of section 12731b of this title); and
‘‘(2) has a combat-related disability.’’.
(b) COMPUTATION.—Paragraph (3) of subsection (b) of
such section is amended—
(1) by designating the text of that paragraph as
subparagraph (A), realigning that text so as to be in-
†
259
HR 1585 EAS
dented 4 ems from the left margin, and inserting be-
fore ‘‘In the case of’’ the following heading: ‘‘IN GEN-
ERAL.—’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) SPECIAL RULE FOR RETIREES WITH
FEWER THAN 20 YEARS OF SERVICE.—In the case
of an eligible combat-related disabled uniformed
services retiree who is retired under chapter 61
of this title with fewer than 20 years of cred-
itable service, the amount of the payment under
paragraph (1) for any month shall be reduced by
the amount (if any) by which the amount of the
member’s retired pay under chapter 61 of this
title exceeds the amount equal to 21⁄2 percent of
the member’s years of creditable service multi-
plied by the member’s retired pay base under sec-
tion 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on January 1, 2008, and shall apply
to payments for months beginning on or after that date.
†
260
HR 1585 EAS
SEC. 654. CLARIFICATION OF APPLICATION OF RETIRED
PAY MULTIPLIER PERCENTAGE TO MEMBERS
OF THE UNIFORMED SERVICES WITH OVER 30
YEARS OF SERVICE.
(a) COMPUTATION OF RETIRED AND RETAINER PAY
FOR MEMBERS OF NAVAL SERVICE.—The table in section
6333(a) of title 10, United States Code, is amended in Col-
umn 2 of Formula A by striking ‘‘75 percent’’ and inserting
‘‘Retired pay multiplier prescribed under section 1409 for
the years of service that may be credited to him under sec-
tion 1405.’’.
(b) RETIRED PAY FOR CERTAIN MEMBERS RECALLED
TO ACTIVE DUTY.—The table in section 1402(a) of such title
is amended by striking Column 3.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect on January 1, 2007,
and shall apply with respect to retired pay and retainer
pay payable on or after that date.
SEC. 655. COMMENCEMENT OF RECEIPT OF NON-REGULAR
SERVICE RETIRED PAY BY MEMBERS OF THE
READY RESERVE ON ACTIVE FEDERAL STA-
TUS OR ACTIVE DUTY FOR SIGNIFICANT PERI-
ODS.
(a) REDUCED ELIGIBILITY AGE.—Section 12731 of
title 10, United States Code, is amended—
†
261
HR 1585 EAS
(1) in subsection (a), by striking paragraph (1)
and inserting the following:
‘‘(1) has attained the eligibility age applicable
under subsection (f) to that person;’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f)(1) Subject to paragraph (2), the eligibility age for
purposes of subsection (a)(1) is 60 years of age.
‘‘(2)(A) In the case of a person who as a member of
the Ready Reserve serves on active duty or performs active
service described in subparagraph (B) after September 11,
2001, the eligibility age for purposes of subsection (a)(1)
shall be reduced below 60 years of age by three months for
each aggregate of 90 days on which such person so performs
in any fiscal year after such date, subject to subparagraph
(C). A day of duty may be included in only one aggregate
of 90 days for purposes of this subparagraph.
‘‘(B)(i) Service on active duty described in this sub-
paragraph is service on active duty pursuant to a call or
order to active duty under a provision of law referred to
in section 101(a)(13)(B) or under section 12301(d) of this
title. Such service does not include service on active duty
pursuant to a call or order to active duty under section
12310 of this title.
†
262
HR 1585 EAS
‘‘(ii) Active service described in this subparagraph is
also service under a call to active service authorized by the
President or the Secretary of Defense under section 502(f)
of title 32 for purposes of responding to a national emer-
gency declared by the President or supported by Federal
funds.
‘‘(C) The eligibility age for purposes of subsection
(a)(1) may not be reduced below 50 years of age for any
person under subparagraph (A).’’.
(b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR
ELIGIBILITY OF NON-REGULAR SERVICE RETIREES FOR
HEALTH
CARE.—Section 
1074(b) 
of 
such 
title 
is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) Paragraph (1) does not apply to a member or
former member entitled to retired pay for non-regular serv-
ice under chapter 1223 of this title who is under 60 years
of age.’’.
(c) ADMINISTRATION
OF RELATED PROVISIONS
OF
LAW OR POLICY.—With respect to any provision of law,
or of any policy, regulation, or directive of the executive
branch that refers to a member or former member of the
uniformed services as being eligible for, or entitled to, re-
†
263
HR 1585 EAS
tired pay under chapter 1223 of title 10, United States
Code, but for the fact that the member or former member
is under 60 years of age, such provision shall be carried
out with respect to that member or former member by sub-
stituting for the reference to being 60 years of age a ref-
erence to having attained the eligibility age applicable
under subsection (f) of section 12731 of title 10, United
States Code (as added by subsection (a)), to such member
or former member for qualification for such retired pay
under subsection (a) of such section.
SEC. 656. ADDITIONAL INDIVIDUALS ELIGIBLE FOR TRANS-
PORTATION FOR SURVIVORS OF DECEASED
MEMBERS TO ATTEND THE MEMBER’S BURIAL
CEREMONIES.
Section 411f(c) of title 37, United States Code, is
amended—
(1) in paragraph (1) by adding at the end the
following new subparagraphs:
‘‘(D) Any child of the parent or parents of the
deceased member who is under the age of 18 years if
such child is attending the burial ceremony of the me-
morial service with the parent or parents and would
otherwise be left unaccompanied by the parent or par-
ents.
†
264
HR 1585 EAS
‘‘(E) The person who directs the disposition of
the remains of the deceased member under section
1482(c) of title 10, or, in the case of a deceased mem-
ber whose remains are commingled and buried in a
common grave in a national cemetery, the person who
have been designated under such section to direct the
disposition of the remains if individual identification
had been made.’’; and
(2) in paragraph (2), by striking ‘‘may be pro-
vided to—’’ and all that follows through the end and
inserting ‘‘may be provided to up to two additional
persons closely related to the deceased member who
are selected by the person referred to in paragraph
(1)(E).’’.
SEC. 657. TRANSPORTATION OF REMAINS OF DECEASED
MEMBERS OF THE ARMED FORCES AND CER-
TAIN OTHER PERSONS.
Section 1482(a)(8) of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘When transportation of the remains includes transpor-
tation by aircraft, the Secretary concerned shall provide,
to the maximum extent possible, for delivery of the remains
by air to the commercial, general aviation, or military air-
port nearest to the place selected by the designee or, if such
†
265
HR 1585 EAS
a selection is not made, nearest to the cemetery selected by
the Secretary.’’.
SEC. 658. REPEAL OF REQUIREMENT OF REDUCTION OF
SURVIVOR BENEFIT PLAN SURVIVOR ANNU-
ITIES BY DEPENDENCY AND INDEMNITY COM-
PENSATION.
(a) REPEAL.—
(1) IN GENERAL.—Subchapter II of chapter 73 of
title 10, United States Code, is amended as follows:
(A) In section 1450, by striking subsection
(c).
(B) In section 1451(c)—
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3)
and (4) as paragraphs (2) and (3), respec-
tively.
(2) 
CONFORMING
AMENDMENTS.—Such 
sub-
chapter is further amended as follows:
(A) In section 1450—
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking sub-
paragraph (C).
(C) In section 1452—
†
266
HR 1585 EAS
(i) in subsection (f)(2), by striking
‘‘does not apply—’’ and all that follows and
inserting ‘‘does not apply in the case of a
deduction made through administrative
error.’’; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ‘‘,
1450(k)(2),’’.
(b) PROHIBITION ON RETROACTIVE BENEFITS.—No
benefits may be paid to any person for any period before
the effective date provided under subsection (f) by reason
of the amendments made by subsection (a).
(c) PROHIBITION
ON
RECOUPMENT
OF
CERTAIN
AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPIENTS.—
A surviving spouse who is or has been in receipt of an an-
nuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in
effect before the effective date provided under subsection (f)
and that is adjusted by reason of the amendments made
by subsection (a) and who has received a refund of retired
pay under section 1450(e) of title 10, United States Code,
shall not be required to repay such refund to the United
States.
†
267
HR 1585 EAS
(d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY
FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of such
title is amended—
(1) by striking ‘‘DEPENDENT CHILDREN.—’’ and
all that follows through ‘‘In the case of a member de-
scribed in paragraph (1),’’ and inserting ‘‘DEPEND-
ENT CHILDREN.—In the case of a member described
in paragraph (1),’’; and
(2) by striking subparagraph (B).
(e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY
ELIGIBLE SPOUSES.—The Secretary of the military depart-
ment concerned shall restore annuity eligibility to any eli-
gible surviving spouse who, in consultation with the Sec-
retary, previously elected to transfer payment of such annu-
ity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as
in effect on the day before the effective date provided under
subsection (f). Such eligibility shall be restored whether or
not payment to such child or children subsequently was ter-
minated due to loss of dependent status or death. For the
purposes of this subsection, an eligible spouse includes a
spouse who was previously eligible for payment of such an-
nuity and is not remarried, or remarried after having at-
tained age 55, or whose second or subsequent marriage has
been terminated by death, divorce or annulment.
†
268
HR 1585 EAS
(f) EFFECTIVE DATE.—The sections and the amend-
ments made by this section shall take effect on the later of—
(1) the first day of the first month that begins
after the date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in
the calendar year in which this Act is enacted.
SEC. 659. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER
SURVIVOR BENEFIT PLAN.
(a) SURVIVOR BENEFIT PLAN.—Section 1452(j) of title
10, United States Code, is amended by striking ‘‘October
1, 2008’’ and inserting ‘‘October 1, 2007’’.
(b) RETIRED SERVICEMAN’S FAMILY PROTECTION
PLAN.—Section 1436a of such title is amended by striking
‘‘October 1, 2008’’ and inserting ‘‘October 1, 2007’’.
SEC. 660. INCLUSION OF VETERANS WITH SERVICE-CON-
NECTED DISABILITIES RATED AS TOTAL BY
REASON OF UNEMPLOYABILITY UNDER TER-
MINATION OF PHASE-IN OF CONCURRENT RE-
CEIPT OF RETIRED PAY AND VETERANS’ DIS-
ABILITY COMPENSATION.
(a) INCLUSION OF VETERANS.—Section 1414(a)(1) of
title 10, United States Code, is amended by striking ‘‘except
that’’ and all that follows and inserting ‘‘except that pay-
ment of retired pay is subject to subsection (c) only during
†
269
HR 1585 EAS
the period beginning on January 1, 2004, and ending on
December 31, 2004, in the case of the following:
‘‘(A) A qualified retiree receiving veterans’
disability compensation for a disability rated as
100 percent.
‘‘(B) A qualified retiree receiving veterans’
disability compensation at the rate payable for
a 100 percent disability by reason of a deter-
mination of individual unemployability.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on December 31, 2004.
SEC. 661. COMPUTATION OF YEARS OF SERVICE FOR PUR-
POSES OF RETIRED PAY FOR NON-REGULAR
SERVICE.
Section 12733(3) of title 10, United States Code, is
amended—
(1) in subparagraph (B), by striking ‘‘and’’ at
the end;
(2) in subparagraph (C), by striking the period
and inserting ‘‘before the year of service that includes
October 30, 2007; and’’; and
(3) by adding at the end the following new sub-
paragraph:
†
270
HR 1585 EAS
‘‘(D) 130 days in the year of service that
includes October 30, 2007, and any subsequent
year of service.’’.
Subtitle E—Education Benefits
SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING
OR EDUCATION.
(a) CLARIFICATION OF APPLICABILITY OF CURRENT
AUTHORITY
TO
COMMISSIONED
OFFICERS
ON
ACTIVE
DUTY.—Subsection (b) of section 2007 of title 10, United
States Code, is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(other than a member of
the Ready Reserve)’’ after ‘‘active duty’’ the first
place it appears; and
(B) by striking ‘‘or full-time National
Guard duty’’ both places it appears; and
(2) in paragraph (2)(B), by inserting ‘‘for which
ordered to active duty’’ after ‘‘active duty service’’.
(b) AUTHORITY TO PAY TUITION ASSISTANCE
TO
MEMBERS OF THE READY RESERVE.—
(1) IN GENERAL.—Subsection (c) of such section
is amended to read as follows:
‘‘(c)(1) Subject to paragraphs (3)(A) and (4), the Sec-
retary of a military department may pay the charges of
an educational institution for the tuition or expenses de-