776 
HR 2647 PCS 
Act of 1947 (50 U.S.C. 404a), except that, if 
at the time such plan is submitted with the nu-
clear security budget materials for that fiscal 
year, a national security strategy report re-
quired under such section 108 has not been 
submitted to Congress as required by para-
graph (2) or paragraph (3), if applicable, of 
subsection (a) of such section, then such annual 
plan should be designed so that the nuclear se-
curity complex modernization and refurbish-
ment provided for under that plan is capable of 
supporting the nuclear security complex rec-
ommended in the report of the most recent 
Quadrennial Defense Review; and 
‘‘(B) the nuclear posture of the United 
States as set forth in the most recent Nuclear 
Posture Review. 
‘‘(2) Each such nuclear security complex mod-
ernization and refurbishment plan shall include the 
following: 
‘‘(A) A detailed program with schedule and 
associated funding for the modernization and 
refurbishment of the nuclear security complex 
for the National Nuclear Security Administra-
tion over the next 30 fiscal years. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00776
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
777 
HR 2647 PCS 
‘‘(B) A description of the necessary mod-
ernization and refurbishment measures to meet 
the requirements of the national security strat-
egy of the United States or the most recent 
Quadrennial Defense Review, whichever is ap-
plicable under paragraph (1), and the Nuclear 
Posture Review. 
‘‘(C) The estimated levels of annual fund-
ing necessary to carry out the program, to-
gether with a discussion of the implementation 
strategies on which such estimated levels of an-
nual funding are based. 
‘‘(c) ASSESSMENT WHEN NUCLEAR SECURITY COM-
PLEX MODERNIZATION AND REFURBISHMENT BUDGET IS 
INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.— 
If the budget for a fiscal year provides for funding of the 
modernization and refurbishment of the nuclear security 
complex at a level that is not sufficient to sustain the re-
quirements specified in the plan for that fiscal year under 
subsection (a), the Administrator shall include with the 
nuclear security budget materials for that fiscal year an 
assessment that describes and discusses the risks and im-
plications associated with the ability of the nuclear secu-
rity complex to support the annual certification of the nu-
clear stockpile of the United States and maintain its long- 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00777
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
778 
HR 2647 PCS 
term safety, security, and reliability. Such assessment 
shall be coordinated in advance with the Secretary of De-
fense and the Commander of the United States Strategic 
Command. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘nuclear security complex’ means 
the physical facilities, technology, and human capital 
of— 
‘‘(A) the national security laboratories; 
‘‘(B) the Pantex Plant; 
‘‘(C) the Y–12 National Security Complex; 
‘‘(D) the Kansas City Plant; 
‘‘(E) the Savannah River Site; and 
‘‘(F) the Nevada test site. 
‘‘(2) The term ‘budget’ with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31. 
‘‘(3) The term ‘nuclear security budget mate-
rials’, with respect to a fiscal year, means the mate-
rials submitted to Congress by the Administrator for 
Nuclear Security in support of the budget for that 
fiscal year. 
‘‘(4) The term ‘Quadrennial Defense Review’ 
means the review of the defense programs and poli-
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00778
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
779 
HR 2647 PCS 
cies of the United States that is carried out every 
four years under section 118 of title 10, United 
States Code.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of the National Nuclear Security Admin-
istration Act is amended by inserting after the item relat-
ing to section 3254 the following new item: 
‘‘3255. Budgeting for modernization and refurbishment of the nuclear security 
complex: annual plan and certification.’’. 
Subtitle C—Reports 
SEC. 3121. COMPTROLLER GENERAL REVIEW OF MANAGE-
MENT AND OPERATIONS CONTRACT COSTS 
FOR NATIONAL SECURITY LABORATORIES. 
(a) REVIEW REQUIRED.—The Comptroller General 
shall review the effects of the contracts entered into by 
the Department of Energy in 2006 and 2007 that provide 
for the management and operations of the covered na-
tional laboratories. The review shall include the following: 
(1) A detailed description of the costs related to 
the transition from the period when the management 
and operations of the covered national laboratories 
were performed by the University of California to 
the period when such management and operations 
were performed by a covered contractor, including— 
(A) a description of any continuing dif-
ferences in the cost structure of the manage-
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00779
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
780 
HR 2647 PCS 
ment and operations when performed by the 
University of California and the cost structure 
of the management and operations when per-
formed by a covered contractor; and 
(B) an assessment of the effect of such 
cost differences on the resources available to 
support scientific and technical programs at the 
covered national laboratories. 
(2) A quantitative assessment of the ability of 
the covered national laboratories to perform other 
important laboratory functions, including safety, se-
curity, and environmental management. 
(b) REPORT.—Not later than March 1, 2010, the 
Comptroller General shall submit to the congressional de-
fense committees a report on the results of the review. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered contractor’’ means— 
(A) with respect to Los Alamos National 
Laboratory, Los Alamos National Security, 
LLC; and 
(B) with respect to Lawrence Livermore 
National Laboratory, Lawrence Livermore Na-
tional Security, LLC. 
(2) The term ‘‘covered national laboratories’’ 
means— 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00780
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
781 
HR 2647 PCS 
(A) the Los Alamos National Laboratory; 
and 
(B) the Lawrence Livermore National Lab-
oratory. 
SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, 
ANALYZE, 
AND 
EVALUATE 
FOREIGN 
NU-
CLEAR WEAPONS ACTIVITIES. 
(a) PLAN.—The Secretary of Energy, in consultation 
with the Director of National Intelligence and the Sec-
retary of Defense, shall prepare a plan to ensure that the 
national laboratories overseen by the Department of En-
ergy maintain a robust technical capability to monitor, 
analyze, and evaluate foreign nuclear weapons activities. 
(b) REPORT.—Not later than February 28, 2010, the 
Secretary of Energy shall submit a report to the appro-
priate committees of Congress describing the plan re-
quired under subsection (a) and the resources necessary 
to implement the plan. The report shall be in unclassified 
form, but may include a classified annex. 
(c) APPROPRIATE COMMITTEES.—For purposes of 
this section, the appropriate committees of Congress are 
the following: 
(1) the Committee on Armed Services, the 
Committee on Appropriations, and the Permanent 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00781
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
783 
HR 2647 PCS 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2010. 
Sec. 3502. Liquidation of unused leave balance at the United States Merchant 
Marine Academy. 
Sec. 3503. Adjunct professors. 
Sec. 3504. Maritime loan guarantee program. 
Sec. 3505. Defense measures against unauthorized seizures of Maritime Secu-
rity Fleet vessels. 
Sec. 3506. Technical corrections to State maritime academies student incentive 
program. 
Sec. 3507. Limitation on disposal of interest in certain vessels. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2010. 
Funds are hereby authorized to be appropriated for 
fiscal year 2010, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of 
the Department of Transportation for the Maritime Ad-
ministration as follows: 
(1) For expenses necessary for operations and 
training activities, $152,900,000, of which— 
(A) $15,391,000 shall remain available 
until expended for capital improvements at the 
United States Merchant Marine Academy; 
(B) $11,240,000 shall remain available 
until expended for maintenance and repair of 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00783
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
784 
HR 2647 PCS 
training ships of the State Maritime Academies; 
and 
(C) $53,208,000 shall be available for op-
erations at the United States Merchant Marine 
Academy. 
(2) For expenses to maintain a preserve a 
United States-flag merchant fleet to serve the na-
tional security needs of the United States under 
chapter 531 of title 46, United States Code, 
$174,000,000. 
(3) For expenses to dispose of obsolete vessels 
in the National Defense Reserve Fleet, $15,000,000. 
(4) For the cost (as defined in section 502(5) 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5)) of loan guarantees under the program au-
thorized by chapter 537 of title 46, United States 
Code, $60,000,000. 
SEC. 3502. LIQUIDATION OF UNUSED LEAVE BALANCE AT 
THE UNITED STATES MERCHANT MARINE 
ACADEMY. 
The Maritime Administrator may, subject to the 
availability of appropriations, make a lump-sum payment 
for the accumulated balance of unused leave to any former 
employee of a United States Merchant Marine Academy 
nonappropriated fund instrumentality who was terminated 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00784
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
785 
HR 2647 PCS 
from such employment in 2009 or whose position as such 
an employee was converted to the Civil Service in 2009 
under authority granted by section 3506 of the Duncan 
Hunter National Defense Authorization Act for fiscal year 
2009 (Public Law 110–417; 122 Stat. 4356). 
SEC. 3503. ADJUNCT PROFESSORS. 
Section 3506 of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4356) is amended— 
(1) in subsection (a), by striking ‘‘temporary’’; 
(2) in subsection (b), by inserting ‘‘and’’ after 
the semicolon at the end of paragraph (1), by strik-
ing ‘‘; and’’ at the end of paragraph (2) and insert-
ing a period, and by striking paragraph (3); and 
(3) by striking subsection (d) and inserting the 
following: 
‘‘(d) REPORTING REQUIREMENTS.—When the au-
thority granted by subsection (a) is used to hire an ad-
junct professor at the Academy, the Administrator shall 
notify the Committee on Armed Services of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, including the 
need for and the term of employment of the adjunct pro-
fessor.’’. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00785
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
786 
HR 2647 PCS 
SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM. 
The Congress finds that— 
(1) it is in the national security interest of the 
United States to foster commercial shipbuilding in 
the United States; 
(2) the maritime loan guarantee program au-
thorized by chapter 537 or title 46, United States 
Code, has a long and successful history of facili-
tating construction of commercial vessels in domestic 
shipyards; 
(3) the Maritime Loan Guarantee Program 
strengthens our Nation’s industrial base allowing do-
mestic shipyards and their allied service and supply 
industries to more effectively produce commercial 
vessels that enhance the commercial sealift capa-
bility of the Department of Defense; and 
(4) a revitalized and effective Maritime Loan 
Guarantee Program would result in construction of 
a more modern and more numerous fleet of commer-
cial vessels manned by United States citizens, there-
by providing a pool of trained United States citizen 
mariners available to assist the Department of De-
fense in times of war or national emergency. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00786
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
787 
HR 2647 PCS 
SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED 
SEIZURES OF MARITIME SECURITY FLEET 
VESSELS. 
Section 53107(b) of title 46, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) DEFENSE MEASURES AGAINST UNAUTHOR-
IZED SEIZURES.—(A) The Emergency Preparedness 
Agreement for any operating agreement that first 
takes effect or is renewed after the date of enact-
ment of the National Defense Authorization Act for 
Fiscal Year 2010 shall require that any vessel oper-
ating under the agreement in hazardous carriage 
shall be equipped with appropriate non-lethal de-
fense measures to protect the vessel, crew, and cargo 
from unauthorized seizure at sea. 
‘‘(B) In this paragraph the term ‘hazardous 
carriage’ means the carriage of cargo for the De-
partment of Defense in an area that is designated 
by the Coast Guard or the International Maritime 
Bureau of the International Chamber Of Commerce 
as an area of high risk of piracy.’’. 
SEC. 3506. DEFENSE OF VESSELS AND CARGOS AGAINST PI-
RACY. 
(a) FINDINGS.—Congress finds the following: 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00787
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
788 
HR 2647 PCS 
(1) Protecting cargoes owned by the United 
States Government and transported on United 
States-flag vessels through an area designated by 
the Coast Guard or the International Maritime Bu-
reau of the International Chamber of Commerce as 
an area of high risk of piracy is in our national in-
terest. 
(2) Protecting United States-citizen mariners 
employed on United States-flag vessels transiting an 
area designated by the Coast Guard or the Inter-
national Maritime Bureau of the international 
Chamber of Commerce as an area of high risk of pi-
racy is in our national interest. 
(3) Weapons and supplies that may be used to 
support military operations should not fall into the 
hands of pirates. 
(b) EMBARKATION OF MILITARY PERSONNEL.—The 
Secretary of Defense shall embark military personnel on 
board a United States-flag vessel carrying Government- 
impelled cargoes if the vessel is— 
(1) operating in an area designated by the 
Coast Guard or the International Maritime Bureau 
of the International Chamber of Commerce as an 
area of high risk of piracy; and 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00788
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
789 
HR 2647 PCS 
(2) determined by the Coast Guard to be at 
risk of being boarded by pirates. 
(c) LIMITATION ON APPLICATION.—This section shall 
not apply with respect to an area referred to in subsection 
(b)(1) on the earlier of— 
(1) September 30, 2011; or 
(2) the date on which the Secretary of Defense 
notifies the Congress that the Secretary believes that 
there is not a credible threat to United States-flag 
vessels carrying Government-impelled cargoes oper-
ating in such area. 
SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME 
ACADEMIES STUDENT INCENTIVE PROGRAM. 
(a) INSTALLMENT PAYMENTS.—Section 51509(b) of 
title 46, United States Code, is amended— 
(1) by striking ‘‘and be paid before the start of 
each academic year, as prescribed by the Secretary,’’ 
and inserting ‘‘and be paid in such installments as 
the Secretary shall determine’’; 
(2) by striking ‘‘academy.’’ and inserting ‘‘acad-
emy, as prescribed by the Secretary.’’. 
(b) REPEAL OF REDUNDANT SECTION.—Section 177 
of division I of Public Law 111–8 (123 Stat. 945; relating 
to amendments previously enacted by section 3503 of divi-
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00789
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
790 
HR 2647 PCS 
sion C of Public Law 110–417 (122 Stat. 4762)) is re-
pealed and shall have no force or effect. 
SEC. 3508. LIMITATION ON DISPOSAL OF INTEREST IN CER-
TAIN VESSELS. 
(a) LIMITATION.—If the United States acquires any 
financial interest in a covered vessel as a consequence of 
a default on a loan guaranteed for the vessel under chap-
ter 537 of title 46, United States Code, no action to dis-
pose of the financial interest may be taken by the Mari-
time Administrator until 180 days after the date the Mari-
time Administrator notifies the Secretary of the Navy that 
the United States has such financial interest. 
(b) COVERED VESSEL DEFINED.—In this section the 
term ‘‘covered vessel’’ means each of— 
(1) the vessel HUAKAI (United States official 
number 1215902); and 
(2) the vessel ALAKAI (United States official 
number 1182234). 
DIVISION 
D—DISABLED 
MILI-
TARY RETIREE RELIEF ACT 
OF 2009 
SEC. 1. SHORT TITLE. 
This division may be cited as the ‘‘Disabled Military 
Retiree Relief Act of 2009’’. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00790
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
791 
HR 2647 PCS 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this division is as follows: 
DIVISION D—DISABLED MILITARY RETIREE RELIEF ACT OF 2009 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—COMPENSATION AND BENEFITS FOR MEMBERS OF THE 
ARMED FORCES AND MILITARY RETIREES 
Subtitle A—Bonuses and Special and Incentive Pays 
Sec. 101. One-year extension of certain bonus and special pay authorities for 
reserve forces. 
Sec. 102. One-year extension of certain bonus and special pay authorities for 
health care professionals. 
Sec. 103. One-year extension of special pay and bonus authorities for nuclear 
officers. 
Sec. 104. One-year extension of authorities relating to title 37 consolidated spe-
cial pay, incentive pay, and bonus authorities. 
Sec. 105. One-year extension of authorities relating to payment of other title 
37 bonuses and special pay. 
Sec. 106. One-year extension of authorities relating to payment of referral bo-
nuses. 
Sec. 107. Technical corrections and conforming amendments to reconcile con-
flicting amendments regarding continued payment of bonuses 
and similar benefits for certain members. 
Subtitle B—Retired Pay Benefits 
Sec. 111. Recomputation of retired pay and adjustment of retired grade of Re-
serve retirees to reflect service after retirement. 
Sec. 112. Election to receive retired pay for non-regular service upon retirement 
for service in an active reserve status performed after attaining 
eligibility for regular retirement. 
Subtitle C—Concurrent Receipt of Military Retired Pay and Veterans’ 
Disability Compensation 
Sec. 121. One-year expansion of eligibility for concurrent receipt of military re-
tired pay and veterans’ disability compensation to include all 
chapter 61 disability retirees regardless of disability rating per-
centage or years of service. 
TITLE II—FEDERAL EMPLOYEE BENEFITS 
Subtitle A—General Provisions 
Sec. 201. Credit for unused sick leave. 
Sec. 202. Limited expansion of the class of individuals eligible to receive an ac-
tuarially reduced annuity under the civil service retirement sys-
tem. 
Sec. 203. Computation of certain annuities based on part-time service. 
Sec. 204. Authority to deposit refunds under FERS. 
Sec. 205. Retirement credit for service of certain employees transferred from 
District of Columbia service to Federal service. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00791
Fmt 6652
Sfmt 6211
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
792 
HR 2647 PCS 
Subtitle B—Non-Foreign Area Retirement Equity Assurance 
Sec. 211. Short title. 
Sec. 212. Extension of Locality Pay. 
Sec. 213. Adjustment of special rates. 
Sec. 214.
Transition schedule for locality-based comparability payments. 
Sec. 215. Savings provision. 
Sec. 216. Application to other eligible employees. 
Sec. 217. Election of additional basic pay for annuity computation by employ-
ees. 
Sec. 218. Regulations. 
Sec. 219. Effective dates. 
TITLE III—DEEPWATER OIL AND GAS RESEARCH AND 
DEVELOPMENT FUNDING SOURCE REPEAL 
Sec. 301. Repeal. 
TITLE 
I—COMPENSATION 
AND 
BENEFITS FOR MEMBERS OF 
THE 
ARMED 
FORCES 
AND 
MILITARY RETIREES 
Subtitle A—Bonuses and Special 
and Incentive Pays 
SEC. 101. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR RESERVE 
FORCES. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2010’’: 
(1) Section 308b(g), relating to Selected Re-
serve reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00792
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
793 
HR 2647 PCS 
(3) Section 308d(c), relating to special pay for 
enlisted members assigned to certain high-priority 
units. 
(4) Section 308g(f)(2), relating to Ready Re-
serve enlistment bonus for persons without prior 
service. 
(5) Section 308h(e), relating to Ready Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
(6) Section 308i(f), relating to Selected Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
(7) Section 910(g), relating to income replace-
ment payments for reserve component members ex-
periencing extended and frequent mobilization for 
active duty service. 
SEC. 102. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR HEALTH 
CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections 
of title 10, United States Code, are amended by striking 
‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’: 
(1) Section 2130a(a)(1), relating to nurse offi-
cer candidate accession program. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00793
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
794 
HR 2647 PCS 
(2) Section 16302(d), relating to repayment of 
education loans for certain health professionals who 
serve in the Selected Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections 
of title 37, United States Code, are amended by striking 
‘‘December 31, 2009’’ and inserting ‘‘December 31, 
2010’’: 
(1) Section 302c-1(f), relating to accession and 
retention bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession 
bonus for registered nurses. 
(3) Section 302e(a)(1), relating to incentive 
special pay for nurse anesthetists. 
(4) Section 302g(e), relating to special pay for 
Selected Reserve health professionals in critically 
short wartime specialties. 
(5) Section 302h(a)(1), relating to accession 
bonus for dental officers. 
(6) Section 302j(a), relating to accession bonus 
for pharmacy officers. 
(7) Section 302k(f), relating to accession bonus 
for medical officers in critically short wartime spe-
cialties. 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00794
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
799 
HR 2647 PCS 
Law 110–317; 122 Stat. 3526) and erroneously des-
ignated as subparagraph (B) by section 651(a)(3) of 
the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4495), as paragraph (2). 
(b) INCLUSION OF HUBBARD ACT AMENDMENT IN 
CONSOLIDATED SPECIAL PAY
AND BONUS AUTHORI-
TIES.—Section 373(b) of such title is amended— 
(1) in paragraph (2), by striking the paragraph 
heading and inserting ‘‘SPECIAL
RULE
FOR
DE-
CEASED AND DISABLED MEMBERS.—’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) SPECIAL RULE FOR MEMBERS WHO RE-
CEIVE SOLE SURVIVORSHIP DISCHARGE.—(A) If a 
member of the uniformed services receives a sole 
survivorship discharge, the Secretary concerned— 
‘‘(i) shall not require repayment by the 
member of the unearned portion of any bonus, 
incentive pay, or similar benefit previously paid 
to the member; and 
‘‘(ii) may grant an exception to the re-
quirement to terminate the payment of any un-
paid amounts of a bonus, incentive pay, or simi-
lar benefit if the Secretary concerned deter-
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00799
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
800 
HR 2647 PCS 
mines that termination of the payment of the 
unpaid amounts would be contrary to a per-
sonnel policy or management objective, would 
be against equity and good conscience, or would 
be contrary to the best interests of the United 
States. 
‘‘(B) In this paragraph, the term ‘sole survivor-
ship discharge’ means the separation of a member 
from the Armed Forces, at the request of the mem-
ber, pursuant to the Department of Defense policy 
permitting the early separation of a member who is 
the only surviving child in a family in which— 
‘‘(i) the father or mother or one or more 
siblings— 
‘‘(I) served in the Armed Forces; and 
‘‘(II) was killed, died as a result of 
wounds, accident, or disease, is in a cap-
tured or missing in action status, or is per-
manently 100 percent disabled or hospital-
ized on a continuing basis (and is not em-
ployed gainfully because of the disability or 
hospitalization); and 
‘‘(ii) the death, status, or disability did not 
result from the intentional misconduct or willful 
neglect of the parent or sibling and was not in-
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00800
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
801 
HR 2647 PCS 
curred during a period of unauthorized ab-
sence.’’. 
Subtitle B—Retired Pay Benefits 
SEC. 111. RECOMPUTATION OF RETIRED PAY AND ADJUST-
MENT OF RETIRED GRADE OF RESERVE RE-
TIREES TO REFLECT SERVICE AFTER RE-
TIREMENT. 
(a) RECOMPUTATION
OF RETIRED PAY.—Section 
12739 of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(e)(1) If a member of the Retired Reserve is recalled 
to an active status in the Selected Reserve of the Ready 
Reserve under section 10145(d) of this title and completes 
not less than two years of service in such active status, 
the member is entitled to the recomputation under this 
section of the retired pay of the member. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1) in the 
case of a member who— 
‘‘(A) is recalled to serve in a position of adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general; 
‘‘(B) completes at least 6 months of service in 
such position; and 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00801
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
802 
HR 2647 PCS 
‘‘(C) fails to complete the minimum two years 
of service solely because the appointment of the 
member to such position is terminated or vacated as 
described in section 324(b) of title 32.’’. 
(b) ADJUSTMENT
OF RETIRED GRADE.—Section 
12771 of such title is amended— 
(1) by striking ‘‘Unless’’ and inserting ‘‘(a) 
GRADE ON TRANSFER.—Unless’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE 
STATUS.—(1) If a member of the Retired Reserve who 
is a commissioned officer is recalled to an active status 
in the Selected Reserve of the Ready Reserve under sec-
tion 10145(d) of this title and completes not less than two 
years of service in such active status, the member is enti-
tled to an adjustment in the retired grade of the member 
in the manner provided in section 1370(d) of this title. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1) in the 
case of a member who— 
‘‘(A) is recalled to serve in a position of adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general; 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00802
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS
803 
HR 2647 PCS 
‘‘(B) completes at least 6 months of service in 
such position; and 
‘‘(C) fails to complete the minimum two years 
of service solely because the appointment of the 
member to such position is terminated or vacated as 
described in section 324(b) of title 32.’’. 
(c) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of January 
1, 2008. 
SEC. 112. ELECTION TO RECEIVE RETIRED PAY FOR NON- 
REGULAR SERVICE UPON RETIREMENT FOR 
SERVICE IN AN ACTIVE RESERVE STATUS 
PERFORMED AFTER ATTAINING ELIGIBILITY 
FOR REGULAR RETIREMENT. 
(a) ELECTION AUTHORITY; REQUIREMENTS.—Sub-
section (a) of section 12741 of title 10, United States 
Code, is amended to read as follows: 
‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE 
RETIRED PAY.—(1) Notwithstanding the requirement in 
paragraph (4) of section 12731(a) of this title that a per-
son may not receive retired pay under this chapter when 
the person is entitled, under any other provision of law, 
to retired pay or retainer pay, a person may elect to re-
ceive retired pay under this chapter, instead of receiving 
VerDate Nov 24 2008 
23:17 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00803
Fmt 6652
Sfmt 6201
E:\BILLS\H2647.PCS
H2647
mstockstill on PROD1PC66 with BILLS