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section 2107(c) of title 10, United States Code (as added
by subsection (a) of this section and redesignated by section
532(a)(2) of the National Defense Authorization Act for Fis-
cal Year 2006), and under paragraph (3) of section
2107a(c) of title 10, United States Code (as added by sub-
section (b) of this section and redesignated by section
532(b)(2) of such Act)’’.
SEC. 533. PROCEDURES FOR SUSPENDING FINANCIAL AS-
SISTANCE AND SUBSISTENCE ALLOWANCE
FOR SENIOR ROTC CADETS AND MIDSHIPMEN
ON THE BASIS OF HEALTH-RELATED CONDI-
TIONS.
(a) REQUIREMENTS.—Section 2107 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(j)(1) Payment of financial assistance under this sec-
tion for, and payment of a monthly subsistence allowance
under section 209 of title 37 to, a cadet or midshipman
appointed under this section may be suspended on the basis
of health-related incapacity of the cadet or midshipman
only in accordance with regulations prescribed under para-
graph (2).
‘‘(2) The Secretary of Defense shall prescribe in regula-
tions the policies and procedures for suspending payments
under paragraph (1). The regulations shall apply uni-
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formly to all of the military departments. The regulations
shall include the following matters:
‘‘(A) The standards of health-related fitness that
are to be applied.
‘‘(B) Requirements for—
‘‘(i) the health-related condition and prog-
nosis of a cadet or midshipman to be determined,
in relation to the applicable standards prescribed
under subparagraph (A), by a health care profes-
sional on the basis of a medical examination of
the cadet or midshipman; and
‘‘(ii) the Secretary concerned to take into
consideration the determinations made under
clause (i) with respect to such condition in de-
ciding whether to suspend payment in the case
of such cadet or midshipman on the basis of that
condition.
‘‘(C) A requirement for the Secretary concerned
to transmit to a cadet or midshipman proposed for
suspension under this subsection a notification of the
proposed suspension together with the determinations
made under subparagraph (B)(i) in the case of the
proposed suspension.
‘‘(D) A procedure for a cadet or midshipman
proposed for suspension under this subsection to sub-
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mit a written response to the proposal for suspension,
including any supporting information.
‘‘(E) Requirements for—
‘‘(i) one or more health-care professionals to
review, in the case of such a response of a cadet
or midshipman, each health-related condition
and prognosis addressed in the response, taking
into consideration the matters submitted in such
response; and
‘‘(ii) the Secretary concerned to take into
consideration the determinations made under
clause (i) with respect to such condition in mak-
ing a final decision regarding whether to sus-
pend payment in the case of such cadet or mid-
shipman on the basis of that condition, and the
conditions under which such suspension may be
lifted.’’.
(b) TIME FOR PROMULGATION OF REGULATIONS.—The
Secretary of Defense shall prescribe the regulations required
under subsection (j) of section 2107 of title 10, United
States Code (as added by subsection (a)), not later than
May 1, 2006.