123 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 416. SUBMISSION OF OPTIONS FOR CREATION OF 
TRAINEES, TRANSIENTS, HOLDEES, AND STU-
DENTS 
ACCOUNT 
FOR 
ARMY 
NATIONAL 
GUARD. 
(a) REPORT REQUIRED.—Not later than February 1, 
2010, the Secretary of the Army shall submit to the congres-
sional defense committees a report evaluating options, and 
including a recommendation, for the creation of a Trainees, 
Transients, Holdees, and Students Account within the 
Army National Guard. 
(b) ELEMENTS OF REPORT.—At a minimum, the re-
port shall address— 
(1) the timelines, cost, force structure changes, 
and end strength changes associated with each option; 
(2) the force structure and end strength changes 
and growth of the Army National Guard needed to 
support such an account; 
(3) how creation of such an account may affect 
plans under the Grow the Force initiative; and 
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124 
(4) the impact of such an account on readiness 
and training ratings for Army National Guard 
forces. 
(c) SENSE OF CONGRESS REGARDING ARMY NATIONAL 
GUARD END STRENGTH.— 
(1) FINDINGS.—Congress finds the following: 
(A) The President’s budget for fiscal year 
2010 included a 2.82 percent increase in end 
strength for the Army, but only a 1.59 percent 
end strength increase for the Army National 
Guard. 
(B) The disproportionate growth in the end 
strengths of the reserve components is incon-
sistent with the emphasis placed by the Depart-
ment of Defense on responding to asymmetric 
threats at home and abroad. 
(2) SENSE OF CONGRESS.—In light of such find-
ings, Congress is concerned about unit readiness and 
the effect of pre-deployment cross-leveling on the Army 
National Guard and it is the sense of Congress that 
an increase in Army National Guard end strength 
should be considered in the deliberations of the next 
quadrennial defense review conducted under section 
118 of title 10, United States Code. 
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Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal year 
2010 a total of $135,723,781,000. The authorization in the 
preceding sentence supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for 
fiscal year 2010. 
SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILI-
TARY RETIREMENT PAYMENTS. 
(a) REPEAL.—Section 1002 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4581) is repealed. 
(b) EFFECT ON EARLIER TRANSFER.—The repeal of 
section 1002 of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 by subsection (a) shall 
not affect the validity of the transfer of funds made pursu-
ant to subsection (e) of such section before the date of the 
enactment of this Act. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Military Personnel Policy Generally 
Sec. 501. Extension of temporary increase in maximum number of days’ leave 
members may accumulate and carryover. 
Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental Corps 
to correspond to Army and Air Force requirements. 
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126 
Sec. 503. Computation of retirement eligibility for enlisted members of the Navy 
who complete the Seaman to Admiral (STA–21) officer can-
didate program. 
Subtitle B—Joint Qualified Officers and Requirements 
Sec. 511. Revisions to annual reporting requirement on joint officer management. 
Subtitle C—General Service Authorities 
Sec. 521. Medical examination required before separation of members diagnosed 
with or asserting post-traumatic stress disorder or traumatic 
brain injury. 
Sec. 522. Evaluation of test of utility of test preparation guides and education 
programs in improving qualifications of recruits for the Armed 
Forces. 
Sec. 523. Inclusion of email address on Certificate of Release or Discharge from 
Active Duty (DD Form 214). 
Subtitle D—Education and Training 
Sec. 531. Appointment of persons enrolled in Advanced Course of the Army Re-
serve Officers’ Training Corps at military junior colleges as ca-
dets in Army Reserve or Army National Guard of the United 
States. 
Sec. 532. Increase in number of private sector civilians authorized for admission 
to National Defense University. 
Sec. 533. Appointments to military service academies from nominations made by 
Delegate from the Commonwealth of the Northern Mariana Is-
lands. 
Sec. 534. Pilot program to establish and evaluate Language Training Centers for 
members of the Armed Forces and civilian employees of the De-
partment of Defense. 
Sec. 535. Use of Armed Forces Health Professions Scholarship and Financial As-
sistance program to increase number of health professionals with 
skills to assist in providing mental health care. 
Sec. 536. Establishment of Junior Reserve Officer’s Training Corps units for stu-
dents in grades above sixth grade. 
Subtitle E—Defense Dependents’ Education 
Sec. 551. Continuation of authority to assist local educational agencies that ben-
efit dependents of members of the Armed Forces and Department 
of Defense civilian employees. 
Sec. 552. Determination of number of weighted student units for local educational 
agencies for receipt of basic support payments under impact aid. 
Sec. 553. Permanent authority for enrollment in defense dependents’ education 
system of dependents of foreign military members assigned to 
Supreme Headquarters Allied Powers, Europe. 
Subtitle F—Missing or Deceased Persons 
Sec. 561. Additional requirements for accounting for members of the Armed 
Forces and Department of Defense civilian employees listed as 
missing in conflicts occurring before enactment of new system for 
accounting for missing persons. 
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Sec. 562. Clarification of guidelines regarding return of remains and media ac-
cess at ceremonies for the dignified transfer of remains at Dover 
Air Force Base. 
Subtitle G—Decorations and Awards 
Sec. 571. Award of Vietnam Service Medal to veterans who participated in Ma-
yaguez rescue operation. 
Sec. 572. Authorization and request for award of Medal of Honor to Anthony T. 
Koho’ohanohano for acts of valor during the Korean War. 
Sec. 573. Authorization and request for award of distinguished-service cross to 
Jack T. Stewart for acts of valor during the Vietnam War. 
Sec. 574. Authorization and request for award of distinguished-service cross to 
William T. Miles, Jr., for acts of valor during the Korean War. 
Subtitle H—Military Families 
Sec. 581. Pilot program to secure internships for military spouses with Federal 
agencies. 
Sec. 582. Report on progress made in implementing recommendations to reduce 
domestic violence in military families. 
Sec. 583. Modification of Servicemembers Civil Relief Act regarding termination 
or suspension of service contracts and effect of violation of inter-
est rate limitation. 
Sec. 584. Protection of child custody arrangements for parents who are members 
of the armed forces deployed in support of a contingency oper-
ation. 
Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to active 
duty, servicemembers, and related matters. 
Subtitle I—Other Matters 
Sec. 591. Navy grants to Naval Sea Cadet Corps. 
Sec. 592. Improved response and investigation of allegations of sexual assault in-
volving members of the Armed Forces. 
Sec. 593. Modification of matching fund requirements under National Guard 
Youth Challenge Program. 
Subtitle A—Military Personnel 
Policy Generally 
SEC. 501. EXTENSION OF TEMPORARY INCREASE IN MAX-
IMUM NUMBER OF DAYS’ LEAVE MEMBERS 
MAY ACCUMULATE AND CARRYOVER. 
Section 701(d) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2010’’ and inserting 
‘‘December 31, 2012’’. 
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128 
SEC. 502. RANK REQUIREMENT FOR OFFICER SERVING AS 
CHIEF OF THE NAVY DENTAL CORPS TO COR-
RESPOND TO ARMY AND AIR FORCE REQUIRE-
MENTS. 
Section 5138(a) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘not below the grade of rear ad-
miral (lower half) shall be detailed’’ and inserting 
‘‘shall be appointed’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘An appointee who holds a lower regular grade 
shall be appointed as Chief of the Dental Corps in the 
regular grade of rear admiral.’’. 
SEC. 503. COMPUTATION OF RETIREMENT ELIGIBILITY FOR 
ENLISTED MEMBERS OF THE NAVY WHO COM-
PLETE THE SEAMAN TO ADMIRAL (STA–21) OF-
FICER CANDIDATE PROGRAM. 
Section 6328 of title 10, United States Code, is amend-
ed by adding the following new subsection: 
‘‘(c) TIME SPENT
IN SEAMAN
TO ADMIRAL PRO-
GRAM.—The months of active service after January 1, 2011, 
in pursuit of a baccalaureate-level degree under the Seaman 
to Admiral (STA-21) program of the Navy for officer can-
didates selected for the program after January 11, 2010, 
shall be excluded in computing the years of service of an 
officer who was appointed to the grade of ensign in the 
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129 
Navy upon completion of the program to determine the eli-
gibility of the officer for voluntary retirement. Such active 
service shall be counted in computing the years of active 
service of the officer for all other purposes.’’. 
Subtitle B—Joint Qualified Officers 
and Requirements 
SEC. 511. REVISIONS TO ANNUAL REPORTING REQUIRE-
MENT ON JOINT OFFICER MANAGEMENT. 
Section 667 of title 10, United States Code, is amend-
ed— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘and 
their education and experience’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(C) A comparison of the number of officers who 
were designated as a joint qualified officer who had 
served in a Joint Duty Assignment List billet and 
completed Joint Professional Military Education 
Phase II, with the number designated as a joint 
qualified officer based on their aggregated joint expe-
riences and completion of Joint Professional Military 
Education Phase II.’’. 
(2) by striking paragraphs (3), (4), (6), and 
(12); 
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130 
(3) by redesignating paragraph (5) as para-
graph (3); 
(4) by redesignating paragraphs (7) through (11) 
as paragraphs (4) through (8), respectively; 
(5) by inserting after paragraph (8), as so redes-
ignated, the following new paragraph: 
‘‘(9) With regard to the principal courses of in-
struction for Joint Professional Military Education 
Level II, the number of officers graduating from each 
of the following: 
‘‘(A) The Joint Forces Staff College. 
‘‘(B) The National Defense University. 
‘‘(C) Senior Service Schools.’’; and 
(6) by redesignating paragraph (13) as para-
graph (10). 
Subtitle C—General Service 
Authorities 
SEC. 521. MEDICAL EXAMINATION REQUIRED BEFORE SEPA-
RATION OF MEMBERS DIAGNOSED WITH OR 
ASSERTING POST-TRAUMATIC STRESS DIS-
ORDER OR TRAUMATIC BRAIN INJURY. 
(a) MEDICAL EXAMINATION REQUIRED.— 
(1) IN GENERAL.—Chapter 59 of title 10, United 
States Code, is amended by inserting after section 
1176 the following new section: 
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131 
‘‘§ 1177. Members diagnosed with or asserting post- 
traumatic stress disorder or traumatic 
brain injury: medical examination re-
quired before separation 
‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) If a 
member of the armed forces who has been deployed overseas 
in support of a contingency operation is diagnosed by a 
physician, clinical psychologist, or psychiatrist as experi-
encing post-traumatic stress disorder or traumatic brain 
injury or otherwise asserts the influence of such a condition, 
the Secretary concerned may not authorize the involun-
tarily separation of the member or separation of the mem-
ber under conditions other than honorable until after the 
member receives a medical examination to evaluate a diag-
nosis of post-traumatic stress disorder or traumatic brain 
injury. 
‘‘(2) In a case involving post-traumatic stress disorder, 
the medical examination shall be performed by a clinical 
psychologist or psychiatrist. In other cases, the examination 
may be performed by a physician, clinical psychologist, 
psychiatrist, or other health care professional, whoever is 
determined to be most appropriate. 
‘‘(b) PURPOSE OF MEDICAL EXAMINATION.—The med-
ical examination required by subsection (a) shall endeavor 
to assess the degree to which the behavior of the member, 
on which the initial recommendation for an involuntarily 
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132 
separation or separation under conditions other than hon-
orable is based, has been affected by post-traumatic stress 
disorder or traumatic brain injury. 
‘‘(c) SECRETARIAL DISCRETION.—The Secretary con-
cerned shall review the medical examination performed 
under subsection (a) with respect to a member, and the find-
ings and conclusions of any physical evaluation board con-
ducted with respect the member, to determine the appro-
priate course of action with regard to the separation of the 
member.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1176 the 
following new item: 
‘‘1177. Members diagnosed with or asserting post-traumatic stress disorder or 
traumatic brain injury: physical evaluation board review before 
separation.’’. 
(b) REVIEW OF PREVIOUS DISCHARGES AND DISMIS-
SALS.—Section 1553 of such title is amended by adding at 
the end the following new subsection: 
‘‘(d)(1) In the case of a former member of the armed 
forces who, while a member, was deployed in support of a 
contingency operation and who, at any time after such de-
ployment, was diagnosed by a physician, clinical psycholo-
gist, or psychiatrist as experiencing post-traumatic stress 
disorder or traumatic brain injury, a board established 
under this section to review the former member’s discharge 
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133 
or dismissal shall include a member who is a physician, 
clinical psychologist, or psychiatrist. 
‘‘(2) In the case of a former member described in para-
graph (1) or a former member whose case involves personal 
health care issues as supporting rationale or as justification 
for priority consideration, the Secretary concerned shall 
render a final decision within six months of the receipt of 
an application to review a discharge or dismissal. The Sec-
retary may delay a final decision beyond six months if the 
Secretary determines that, due to administrative reasons or 
to serve the best interest of the former member, a final deci-
sion cannot be rendered within such six-month period. 
‘‘(3) When authorized by a former member described 
in paragraph (1) or (2), a Member of Congress shall be ad-
vised of the decision of the board conducting the review of 
the former member’s discharge or dismissal and the ration-
ale used to support the decision.’’. 
SEC. 522. EVALUATION OF TEST OF UTILITY OF TEST PREP-
ARATION 
GUIDES 
AND 
EDUCATION 
PRO-
GRAMS IN IMPROVING QUALIFICATIONS OF 
RECRUITS FOR THE ARMED FORCES. 
Section 546(d) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2215) is amended— 
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134 
(1) in the second sentence, by striking ‘‘in train-
ing and unit settings’’ and inserting ‘‘during train-
ing and unit assignments’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘Data to make the comparison between the two 
groups shall be derived from existing sources, which 
may include performance ratings, separations, pro-
motions, awards and decorations, and reenlistment 
statistics.’’. 
SEC. 523. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE 
OF RELEASE OR DISCHARGE FROM ACTIVE 
DUTY (DD FORM 214). 
Section 596 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1168 
note) is amended— 
(1) by inserting ‘‘(a) ELECTION TO FORWARD 
CERTIFICATE TO VA OFFICES.—’’ before ‘‘The Sec-
retary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) INCLUSION OF EMAIL ADDRESS.—The Secretary 
of Defense shall further modify the DD Form 214 in order 
to permit a member of the Armed Forces to include an 
email address on the form.’’. 
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135 
Subtitle D—Education and 
Training 
SEC. 531. APPOINTMENT OF PERSONS ENROLLED IN AD-
VANCED COURSE OF THE ARMY RESERVE OF-
FICERS’ TRAINING CORPS AT MILITARY JUN-
IOR COLLEGES AS CADETS IN ARMY RESERVE 
OR ARMY NATIONAL GUARD OF THE UNITED 
STATES. 
Section 2107a(h) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘17 cadets’’ and inserting ‘‘22 ca-
dets’’; 
(2) by striking ‘‘17 members’’ and inserting ‘‘22 
members’’; and 
(3) by striking ‘‘17 such members’’ and inserting 
‘‘22 such members’’. 
SEC. 532. INCREASE IN NUMBER OF PRIVATE SECTOR CIVIL-
IANS AUTHORIZED FOR ADMISSION TO NA-
TIONAL DEFENSE UNIVERSITY. 
Section 2167(a) of title 10, United States Code, is 
amended by striking ‘‘10 full-time student positions’’ and 
inserting ‘‘20 full-time student positions’’. 
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136 
SEC. 533. APPOINTMENTS TO MILITARY SERVICE ACAD-
EMIES FROM NOMINATIONS MADE BY DELE-
GATE FROM THE COMMONWEALTH OF THE 
NORTHERN MARIANA ISLANDS. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
4342(a)(10) of title 10, United States Code, is amended by 
striking ‘‘One cadet’’ and inserting ‘‘Two cadets’’. 
(b) UNITED
STATES
NAVAL
ACADEMY.—Section 
6954(a)(10) of such title is amended by striking ‘‘One’’ and 
inserting ‘‘Two’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9342(a)(10) of such title is amended by striking ‘‘One 
cadet’’ and inserting ‘‘Two cadets’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to appointments to the 
United States Military Academy, the United States Naval 
Academy, and the United States Air Force Academy begin-
ning with the first class of candidates nominated for ap-
pointment to these military service academies after the date 
of the enactment of this Act. 
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137 
SEC. 534. PILOT PROGRAM TO ESTABLISH AND EVALUATE 
LANGUAGE TRAINING CENTERS FOR MEM-
BERS OF THE ARMED FORCES AND CIVILIAN 
EMPLOYEES OF THE DEPARTMENT OF DE-
FENSE. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
Defense shall carry out a pilot program to establish at least 
three Language Training Centers at accredited universities, 
senior military colleges, or other similar institutions of 
higher education to create the foundational critical and 
strategic language and regional area expertise, as defined 
by the Secretary of Defense, for members of the Armed 
Forces, including reserve component members and Reserve 
Officers’ Training Corps candidates, and civilian employees 
of the Department of Defense. 
(b) DURATION.— 
(1) TERMINATION DATE.—The Language Train-
ing Centers under the pilot program shall be estab-
lished not later than October 1, 2010, and the author-
ity to support the Language Training Centers under 
the pilot program shall terminate on September 30, 
2015. 
(2) EFFECT ON PARTICIPANTS.—Students par-
ticipating in the pilot program before the termination 
date specified in paragraph (1) may be allowed to 
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138 
complete their studies under the program after that 
date. 
(c) PILOT PROGRAM REQUIREMENTS.—At a min-
imum, the Language Training Centers shall— 
(1) develop a program to graduate members of 
the Armed Forces and civilian employees of the De-
partment who are skilled in critical and strategic 
languages from beginning through advanced skill lev-
els; 
(2) develop language proficiency training pro-
grams in designated critical and strategic languages 
tailored to meet operational readiness requirements; 
(3) develop alternative training delivery systems 
and modalities to meet language and regional area 
requirements, prior to deployment, during deploy-
ment, and post-deployment; 
(4) develop critical and strategic language pro-
grams that can be incorporated into Reserve Officers’ 
Training Corps units to develop language skills 
among future military officers; 
(5) develop training and education programs 
that would expand the pool of qualified instructors 
and educators for the Armed Forces; and 
(6) develop a program to encourage native and 
heritage speakers of critical and strategic languages 
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139 
for recruitment into the Department of Defense or 
support the Civilian Linguist Reserve Corps. 
(d) PROGRAM EXPANSION.—The Language Training 
Centers may partner with elementary and secondary edu-
cational institutions to help develop critical and strategic 
language skills in students who may pursue a military ca-
reer. 
(e) PROGRAM COORDINATION.—The Secretary of De-
fense shall ensure that the Language Training Centers build 
upon and take advantage of the experience and leadership 
of the National Security Education Program and the De-
fense Language Institute. 
(f) EVALUATION.—The Secretary of Defense shall 
evaluate each Language Training Center in order to assess 
the cost and the effectiveness of the pilot program, including 
the following: 
(1) The success of the Language Training Center 
in providing critical and strategic language capabili-
ties to members and Department of Defense employ-
ees. 
(2) The ability of the Language Training Center 
to create foundational critical and strategic language 
and regional area expertise in support of the Defense 
Language Transformation Roadmap; 
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140 
(g) REPORT TO CONGRESS.—Not later than December 
31, 2015, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the pilot program. 
The report shall include the following: 
(1) A description of each Language Training 
Center. 
(2) An assessment of the effectiveness and the cost 
of the pilot program taken to create the foundational 
critical and strategic language and regional area ex-
pertise in support of the Defense Language Trans-
formation Roadmap. 
(3) The success of each Language Training Cen-
ter to provide critical and strategic language capa-
bilities to members and Department of Defense em-
ployees. 
(4) Recommendations as to whether the pilot 
programs should be continued, and any modifications 
that may be necessary to continue the program. 
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SEC. 535. USE OF ARMED FORCES HEALTH PROFESSIONS 
SCHOLARSHIP AND FINANCIAL ASSISTANCE 
PROGRAM TO INCREASE NUMBER OF HEALTH 
PROFESSIONALS WITH SKILLS TO ASSIST IN 
PROVIDING MENTAL HEALTH CARE. 
(a) ADDITIONAL ELEMENT WITHIN SCHOLARSHIP 
PROGRAM.—Section 2121(a) of title 10, United States Code, 
is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘in the various health profes-
sions’’ and inserting ‘‘(A) in the various health pro-
fessions or (B) as a health professional with specific 
skills to assist in providing mental health care to 
members of the armed forces’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) Under the program of a military department, the 
Secretary of that military department shall allocate a por-
tion of the total number of scholarships to members of the 
program described in paragraph (1)(B) for the purpose of 
assisting such members to pursue a degree at the masters 
and doctoral level in any of the following disciplines: 
‘‘(A) Social work. 
‘‘(B) Clinical psychology. 
‘‘(C) Psychiatry. 
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142 
‘‘(D) Other disciplines that contribute to mental 
health care programs in that military department.’’. 
(b) AUTHORIZED NUMBER OF MEMBERS OF THE PRO-
GRAM.—Section 2124 of such title is amended— 
(1) by striking ‘‘The number’’ and inserting ‘‘(a) 
AUTHORIZED NUMBER OF MEMBERS OF THE PRO-
GRAM.—The number’’; 
(2) by striking ‘‘6,000’’ and inserting ‘‘6,300’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) MENTAL HEALTH PROFESSIONALS.—Of the num-
ber of persons designated as members of the program at any 
time, 300 may be members of the program described in sec-
tion 2121(a)(1)(B) of this title.’’. 
(c) FUNDING SOURCE.—Of the amounts authorized to 
be appropriated to the Department of Defense for military 
personnel accounts for fiscal year 2010, not more than 
$20,000,000 shall be available to cover the additional costs 
incurred to implement the amendments made by this sec-
tion. 
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SEC. 536. ESTABLISHMENT OF JUNIOR RESERVE OFFICER’S 
TRAINING CORPS UNITS FOR STUDENTS IN 
GRADES ABOVE SIXTH GRADE. 
Section 2031 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(g)(1) In addition to units of the Junior Reserve Offi-
cers’ Training Corps established at public and private sec-
ondary educational institutions under subsection (a), the 
Secretary of each military department may carry out a 
pilot program to establish and support units at public and 
private educational institutions that are not secondary edu-
cational institutions to permit the enrollment of students 
in the Corps who, notwithstanding the limitation in sub-
section (b)(1), are in a grade above the sixth grade. 
‘‘(2) A unit of the Junior Reserve Officers’ Training 
Corps established and supported under the pilot program 
must meet the requirements of this section, except— 
‘‘(A) as provided in paragraph (1) with respect 
to the grades in which students are enrolled; and 
‘‘(B) that the Secretary of the military depart-
ment concerned may authorize a course of military 
instruction of not less than two academic years’ dura-
tion, notwithstanding subsection (b)(3). 
‘‘(3) The Secretary of the military department con-
cerned shall conduct a review of the pilot program. The re-
view shall include an evaluation of what impacts, if any, 
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the pilot program may have on the operation of the Junior 
Reserve Officers’ Training Corps in secondary educational 
institutions.’’. 
Subtitle E—Defense Dependents’ 
Education 
SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2010 
pursuant to section 301(5) for operation and maintenance 
for Defense-wide activities, $50,000,000 shall be available 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of the 
National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 
(b) ASSISTANCE
TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2010 pursuant 
to section 301(5) for operation and maintenance for De-
fense-wide activities, $15,000,000 shall be available only for 
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145 
the purpose of providing assistance to local educational 
agencies under subsection (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 8013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 552. DETERMINATION OF NUMBER OF WEIGHTED STU-
DENT 
UNITS 
FOR 
LOCAL 
EDUCATIONAL 
AGENCIES FOR RECEIPT OF BASIC SUPPORT 
PAYMENTS UNDER IMPACT AID. 
Section 8003(a)(2)(C)(i) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) 
is amended by striking ‘‘6,500’’ and inserting ‘‘5,000’’. 
SEC. 553. PERMANENT AUTHORITY FOR ENROLLMENT IN 
DEFENSE DEPENDENTS’ EDUCATION SYSTEM 
OF 
DEPENDENTS 
OF 
FOREIGN 
MILITARY 
MEMBERS ASSIGNED TO SUPREME HEAD-
QUARTERS ALLIED POWERS, EUROPE. 
(a) PERMANENT
ENROLLMENT
AUTHORITY.—Sub-
section (a)(2) of section 1404A of the Defense Dependents’ 
Education Act of 1978 (20 U.S.C. 923a) is amended by 
striking ‘‘, and only through the 2010-2011 school year’’. 
(b) COMBATANT COMMANDER ADVICE AND ASSIST-
ANCE.—Subsection (c)(1) of such section is amended by 
adding at the end the following new sentence: ‘‘The Sec-
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146 
retary shall prescribe such methodology with the advice and 
assistance of the commander of the geographic combatant 
command with jurisdiction over Mons, Belgium.’’. 
Subtitle F—Missing or Deceased 
Persons 
SEC. 561. ADDITIONAL REQUIREMENTS FOR ACCOUNTING 
FOR MEMBERS OF THE ARMED FORCES AND 
DEPARTMENT OF DEFENSE CIVILIAN EM-
PLOYEES LISTED AS MISSING IN CONFLICTS 
OCCURRING BEFORE ENACTMENT OF NEW 
SYSTEM FOR ACCOUNTING FOR MISSING PER-
SONS. 
(a) IMPOSITION OF ADDITIONAL REQUIREMENTS.— 
Section 1509 of title 10, United States Code, is amended 
to read as follows: 
‘‘§ 1509. Program to resolve preenactment missing per-
son cases 
‘‘(a) PROGRAM REQUIRED; COVERED CONFLICTS.— 
The Secretary of Defense shall implement a comprehensive, 
coordinated, integrated, and fully resourced program to ac-
count for persons described in subparagraph (A) or (B) of 
section 1513(1) of this title who are unaccounted for from 
the following conflicts: 
‘‘(1) World War II during the period beginning 
on December 7, 1941, and ending on December 31, 
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1946, including members of the Armed Forces who 
were lost during flight operations in the Pacific the-
ater of operations covered by section 576 of the Na-
tional Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 624; 10 U.S.C. 1501 
note). 
‘‘(2) The Cold War during the period beginning 
on September 2, 1945, and ending on August 21, 
1991. 
‘‘(3) The Korean War during the period begin-
ning on June 27, 1950, and ending on January 31, 
1955. 
‘‘(4) The Indochina War era during the period 
beginning on July 8, 1959, and ending on May 15, 
1975. 
‘‘(5) The Persian Gulf War during the period be-
ginning on August 2, 1990, and ending on February 
28, 1991. 
‘‘(6) Such other conflicts in which members of 
the armed forces served as the Secretary of Defense 
may designate. 
‘‘(b) IMPLEMENTATION PROCESS.—(1) The Secretary 
of Defense shall implement the program within the Depart-
ment of Defense POW/MIA accounting community. 
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148 
‘‘(2) For purposes of paragraph (1), the term ‘POW/ 
MIA accounting community’ means— 
‘‘(A) The Defense Prisoner of War/Missing Per-
sonnel Office (DPMO). 
‘‘(B) The Joint POW/MIA Accounting Command 
(JPAC). 
‘‘(C) The Armed Forces DNA Identification Lab-
oratory (AFDIL). 
‘‘(D) The Life Sciences Equipment Laboratory of 
the Air Force (LSEL). 
‘‘(E) The casualty and mortuary affairs offices 
of the military departments. 
‘‘(F) Any other element of the Department of De-
fense the mission of which (as designated by the Sec-
retary of Defense) involves the accounting for and re-
covery of members of the armed forces who are miss-
ing in action or prisoners of war or who are unac-
counted for, such as the Stony Beach Program. 
‘‘(c) TREATMENT AS MISSING PERSONS.—Each unac-
counted for person covered by subsection (a) shall be consid-
ered to be a missing person for purposes of the applicability 
of other provisions of this chapter to the person. 
‘‘(d) ESTABLISHMENT
OF PERSONNEL FILES.—(1) 
The Secretary of Defense shall ensure that a personnel file 
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149 
is established and maintained for each person covered by 
subsection (a) if the Secretary— 
‘‘(A) possesses any information relevant to the 
status of the person; or 
‘‘(B) receives any new information regarding the 
missing person as provided in subsection (d). 
‘‘(2) The Secretary of Defense shall ensure that each 
file established under this subsection contains all relevant 
information pertaining to a person covered by subsection 
(a) and is readily accessible to all elements of the depart-
ment, the combatant commands, and the armed forces in-
volved in the effort to account for the person. 
‘‘(3) Each file established under this subsection shall 
be handled in accordance with, and subject to the provisions 
of, section 1506 of this title in the same manner as applies 
to the file of a missing person otherwise subject to such sec-
tion. 
‘‘(e) REVIEW OF STATUS REQUIREMENTS.—(1) If new 
information (as described in paragraph (3)) is found or re-
ceived that may be related to one or more unaccounted for 
persons covered by subsection (a), whether or not such infor-
mation specifically relates (or may specifically relate) to 
any particular such unaccounted for person, that informa-
tion shall be provided to the Secretary of Defense. 
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150 
‘‘(2) Upon receipt of new information under para-
graph (1), the Secretary shall ensure that— 
‘‘(A) the information is treated under paragraph 
(2) of subsection (c) of section 1505 of this title, relat-
ing to addition of the information to the personnel 
file of a person and notification requirements, in the 
same manner as information received under para-
graph (1) under such subsection; and 
‘‘(B) the information is treated under paragraph 
(3) of subsection (c) and subsection (d) of such sec-
tion, relating to a board review under such section, 
in the same manner as information received under 
paragraph (1) of such subsection (c). 
‘‘(3) For purposes of this subsection, new information 
is information that is credible and that— 
‘‘(A) is found or received after November 18, 
1997, by a United States intelligence agency, by a 
Department of Defense agency, or by a person speci-
fied in section 1504(g) of this title; or 
‘‘(B) is identified after November 18, 1997, in 
records of the United States as information that could 
be relevant to the case of one or more unaccounted for 
persons covered by subsection (a). 
‘‘(f) COORDINATION REQUIREMENTS.—(1) In estab-
lishing and carrying out the program, the Secretary of De-
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151 
fense shall coordinate with the Secretaries of the military 
departments, the Chairman of the Joint Chiefs of Staff, and 
the combatant commanders. 
‘‘(2) In carrying out the program, the Secretary of De-
fense shall establish close coordination with the Department 
of State, the Central Intelligence Agency, and the National 
Security Council to enhance the ability of the Department 
of Defense POW/MIA accounting community to account for 
persons covered by subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 76 of such title is amended by 
striking the item relating to section 1509 and inserting the 
following new section: 
‘‘1509. Program to resolve preenactment missing person cases.’’. 
(c) CONFORMING AMENDMENT.—Section 1513(1) of 
such title is amended in the matter after subparagraph (B) 
by striking ‘‘section 1509(b) of this title who is required 
by section 1509(a)(1) of this title’’ and inserting ‘‘subsection 
(a) of section 1509 of this title who is required by subsection 
(b) of such section’’. 
(d) IMPLEMENTATION.— 
(1) PRIORITY.—A priority of the program re-
quired by section 1509 of title 10, United States Code, 
as amended by subsection (a), to resolve missing per-
son cases arising before the enactment of chapter 76 
of such title by section 569 of the National Defense 
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152 
Authorization Act for Fiscal Year 1996 (Public Law 
104–106; 110 Stat. 336) shall be the return of missing 
persons to United States control alive. 
(2) ACCOUNTING FOR GOAL.—In implementing 
the program, the Secretary of Defense, in coordina-
tion with the officials specified in subsection (f)(1) of 
section 1509 of title 10, United States Code, shall take 
such measures as the Secretary considers appropriate 
to increase significantly the capability and capacity 
of the Department of Defense, the Armed Forces, and 
combatant commanders to account for missing per-
sons, as defined by section 1513(3)(B) of such title. 
Such measures shall include fully funding, manning, 
and resourcing the Department of Defense-wide effort 
to ensure that, at a minimum— 
(A) 200 missing persons are accounted for 
under the program annually beginning with fis-
cal year 2015; and 
(B) 350 missing persons are accounted for 
under the program annually beginning with fis-
cal year 2020. 
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153 
SEC. 562. CLARIFICATION OF GUIDELINES REGARDING RE-
TURN OF REMAINS AND MEDIA ACCESS AT 
CEREMONIES FOR THE DIGNIFIED TRANSFER 
OF REMAINS AT DOVER AIR FORCE BASE. 
(a) PROMPT RETURN.—The remains of a deceased 
member of the Armed Forces shall be recovered from the the-
ater of combat operations and returned to the United States 
via the Dover Port Mortuary without delay unless very spe-
cific extenuating circumstances presented by the person des-
ignated pursuant to section 1482(c) of title 10, United 
States Code, to direct disposition of the remains of the dece-
dent (in this section referred to as the ‘‘primary next of 
kin’’) dictate otherwise and can reasonably be accommo-
dated by the Department. 
(b) MEDIA ACCESS.— 
(1) DECISION OF PRIMARY NEXT OF KIN.—The 
primary next of kin of a deceased member of the 
Armed Forces shall make the family decision regard-
ing media access at ceremonies for the dignified 
transfer of the remains of the decedent at Dover Air 
Force Base. The option to allow media access shall be 
briefed to the primary next of kin at the time of ini-
tial notification or as soon as practicable thereafter. 
Media access to dignified transfers shall only be per-
mitted with the approval of the primary next of kin. 
Media contact, filming or recording of family mem-
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bers shall be permitted only if specifically requested 
by the primary next of kin. 
(2) RELATION TO CURRENT DOD CASUALTY IN-
FORMATION POLICY.—Media access approved by the 
primary next of kin shall waive the Department of 
Defense policy on 24-hour delay in release of casualty 
information to the media and general public for that 
specific case. 
(3) MEMBER
PREFERENCE.—The Secretary of 
Defense shall develop a long-term plan to obtain the 
preference of members of the Armed Forces regarding 
media access at ceremonies for the dignified transfer 
of the remains of the member if they ever become a 
casualty. 
(c) TRAVEL AND TRANSPORTATION ALLOWANCE.—The 
Secretary of a military department shall provide the pri-
mary next of kin and two additional family members of 
a deceased member of the Armed Forces with travel to, and 
from, Dover Air Force Base via Invitational Travel Author-
izations to attend the dignified transfer ceremony. The Sec-
retary may include additional family members on a case- 
by-case basis. At the discretion of the Secretary, and at the 
request of the primary next of kin, the service casualty as-
sistance officer or family liaison officer may escort and ac-
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company the primary next of kin to the dignified transfer 
ceremony. 
(d) EFFECTIVE DATE.—This section shall take effect 
one year after the date of the enactment of this Act. 
Subtitle G—Decorations and 
Awards 
SEC. 571. AWARD OF VIETNAM SERVICE MEDAL TO VET-
ERANS WHO PARTICIPATED IN MAYAGUEZ 
RESCUE OPERATION. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible veteran, award that individual 
the Vietnam Service Medal, notwithstanding any otherwise 
applicable requirements for the award of that medal. Any 
such award shall be made in lieu of any Armed Forces Ex-
peditionary Medal awarded the individual for the individ-
ual’s participation in the Mayaguez rescue operation. 
(b) ELIGIBLE VETERAN.—For purposes of this section, 
the term ‘‘eligible veteran’’ means a member or former mem-
ber of the Armed Forces who was awarded the Armed Forces 
Expeditionary Medal for participation in military oper-
ations known as the Mayaguez rescue operation of May 12– 
15, 1975. 
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SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL 
OF 
HONOR 
TO 
ANTHONY 
T. 
KOHO’OHANOHANO 
FOR 
ACTS 
OF 
VALOR 
DURING THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the President is authorized and requested to 
award the Medal of Honor under section 3741 of such title 
to former Private First Class Anthony T. Koho’ohanohano 
for the acts of valor during the Korean War described in 
subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then Private 
First Class Anthony T. Koho’ohanohano of Company H of 
the 17th Infantry Regiment of the 7th Infantry Division 
on September 1, 1951, during the Korean War for which 
he was originally awarded the distinguished-service cross. 
SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF 
DISTINGUISHED-SERVICE CROSS TO JACK T. 
STEWART FOR ACTS OF VALOR DURING THE 
VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
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157 
awarding of certain medals to persons who served in the 
Armed Forces, the Secretary of the Army is authorized and 
requested to award the distinguished-service cross under sec-
tion 3742 of such title to former Captain Jack T. Stewart 
of the United States Army for the acts of valor during the 
Vietnam War described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Captain Jack 
T. Stewart as commander of a two-platoon Special Forces 
Mike Force element in combat with two battalions of the 
North Vietnamese Army on March 24, 1967, during the 
Vietnam War. 
SEC. 574. AUTHORIZATION AND REQUEST FOR AWARD OF 
DISTINGUISHED-SERVICE CROSS TO WILLIAM 
T. MILES, JR., FOR ACTS OF VALOR DURING 
THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the Secretary of the Army is authorized and 
requested to award the distinguished-service cross under sec-
tion 3742 of such title to former to former Sergeant First 
William T. Miles, Jr., of the United States Army for the 
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158 
acts of valor during the Korean War described in subsection 
(b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Sergeant 
First Class William T. Miles, Jr,. as a member of United 
States Special Forces from June 18, 1951, to July 6, 1951, 
during the Korean War, when he fought a delaying action 
against enemy forces in order to allow other members of 
his squad to escape an ambush. 
Subtitle H—Military Families 
SEC. 581. PILOT PROGRAM TO SECURE INTERNSHIPS FOR 
MILITARY SPOUSES WITH FEDERAL AGEN-
CIES. 
(a) COST-REIMBURSEMENT AGREEMENTS WITH FED-
ERAL AGENCIES.—The Secretary of Defense may enter into 
an agreement with the head of an executive department or 
agency that has an established internship program to reim-
burse the department or agency for authorized costs associ-
ated with the first year of employment of an eligible mili-
tary spouse who is selected to participate in the internship 
program of the department or agency. 
(b) ELIGIBLE MILITARY SPOUSES.— 
(1) ELIGIBILITY.—Except as provided in para-
graph (2), any person who is married to a member 
of the Armed Forces on active duty is eligible for se-
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159 
lection to participate in an internship program under 
a reimbursement agreement entered into under sub-
section (a). 
(2) EXCLUSIONS.—Reimbursement may not be 
provided with respect to the following persons: 
(A) A person who is legally separated from 
a member of the Armed Forces under court order 
or statute of any State, the District of Columbia, 
or possession of the United States when the per-
son begins the internship. 
(B) A person who is also a member of the 
Armed Forces on active duty. 
(C) A person who is a retired member of the 
Armed Forces. 
(c) FUNDING SOURCE.—Amounts authorized to be ap-
propriated for operation and maintenance, for Defense-wide 
activities, shall be available to carry out this section. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘authorized costs’’ includes the 
costs of the salary, benefits and allowances, and train-
ing for an eligible military spouse during the first 
year of the participation of the military spouse in an 
internship program pursuant to an agreement under 
subsection (a). 
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160 
(2) The term ‘‘internship’’ means a professional, 
analytical, or administrative position in the Federal 
Government that operates under a developmental pro-
gram leading to career advancement. 
(e) TERMINATION OF AGREEMENT AUTHORITY.—No 
agreement may be entered into under subsection (a) after 
September 30, 2011. Authorized costs incurred after that 
date may be reimbursed under an agreement entered into 
before that date in the case of eligible military spouses who 
begin their internship by that date. 
(f) REPORTING REQUIREMENT.—Not later than Janu-
ary 1, 2012, the Secretary of Defense shall submit to the 
congressional defense committees a report that provides in-
formation on how many eligible military spouses received 
internships pursuant to agreements entered into under sub-
section (a) and the types of internship positions they occu-
pied. The report shall specify the number of interns who 
subsequently obtained permanent employment with the de-
partment or agency administering the internship program 
or with another department or agency. The Secretary shall 
include a recommendation regarding whether, given the in-
vestment of Department of Defense funds, the authority to 
enter into agreements should be extended, modified, or ter-
minated. 
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161 
SEC. 582. REPORT ON PROGRESS MADE IN IMPLEMENTING 
RECOMMENDATIONS TO REDUCE DOMESTIC 
VIOLENCE IN MILITARY FAMILIES. 
(a) ASSESSMENT.—The Comptroller General shall re-
view and assess the progress made by the Department of 
Defense in implementing the recommendations contained in 
the report by the Comptroller General entitled ‘‘Military 
Personnel: Progress Made in Implementing Recommenda-
tions to reduce Domestic Violence, but Further Management 
Action Needed’’ (GAO-06-540). 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report con-
taining the results of the review and assessment under sub-
section (a). 
SEC. 583. MODIFICATION OF SERVICEMEMBERS CIVIL RE-
LIEF ACT REGARDING TERMINATION OR SUS-
PENSION OF SERVICE CONTRACTS AND EF-
FECT OF VIOLATION OF INTEREST RATE LIMI-
TATION. 
(a) TERMINATION OR SUSPENSION OF SERVICE CON-
TRACTS.—Section 305A of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 535a) is amended to read as follows: 
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‘‘SEC. 305A. TERMINATION OR SUSPENSION OF SERVICE 
CONTRACTS. 
‘‘(a) TERMINATION OR SUSPENSION BY SERVICEMEM-
BER.—A servicemember who is party to or enters into a 
contract described in subsection (c) may terminate or sus-
pend, at the servicemember’s option, the contract at any 
time after the date of the servicemember’s military orders, 
as described in subsection (c). 
‘‘(b) SPECIAL RULES.— 
‘‘(1) A suspension under subsection (a) of a con-
tract by a servicemember shall continue for the length 
of the servicemember’s deployment pursuant to the 
servicemember’s military orders. 
‘‘(2) A service provider under a contract sus-
pended or terminated under subsection (a) by a 
servicemember may not impose a suspension fee or 
early termination fee in connection with the suspen-
sion or termination of the contract, other than a 
nominal fee for the suspension; except that the service 
provider may impose a reasonable fee for any equip-
ment remaining on the premises of the servicemember 
during the period of the suspension. The servicemem-
ber may defer, without penalty, payment of such a 
nominal fee or reasonable fee for the length of the 
servicemember’s 
deployment 
pursuant 
to 
the 
servicemember’s military orders. 
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163 
‘‘(3) In any case in which the contract being sus-
pended under subsection (a) is for cellular telephone 
service 
or 
telephone 
exchange 
service, 
the 
servicemember, after the date on which the suspension 
of the contract ends, may keep, to the extent prac-
ticable and in accordance with all applicable laws 
and regulations, the same telephone number the 
servicemember had before the servicemember sus-
pended the contract. 
‘‘(c) COVERED CONTRACTS.—This section applies to a 
contract for cellular telephone service, telephone exchange 
service, multichannel video programming service, Internet 
access service, water, electricity, oil, gas, or other utility 
if the servicemember enters into the contract and thereafter 
receives military orders— 
‘‘(1) to deploy with a military unit, or as an in-
dividual, in support of a contingency operation for a 
period of not less than 90 days; or 
‘‘(2) for a change of permanent station to a loca-
tion that does not support the contract. 
‘‘(d) MANNER OF TERMINATION OR SUSPENSION.— 
‘‘(1) IN GENERAL.—Termination or suspension 
of a contract under subsection (a) is made by delivery 
by the servicemember of written notice of such termi-
nation 
or 
suspension 
and 
a 
copy 
of 
the 
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164 
servicemember’s military orders to the other party to 
the contract (or to that party’s grantee or agent). 
‘‘(2) NATURE
OF
NOTICE.—Delivery of notice 
under paragraph (1) may be accomplished— 
‘‘(A) by hand delivery; 
‘‘(B) by private business carrier; 
‘‘(C) by facsimile; or 
‘‘(D) by placing the written notice and a 
copy of the servicemember’s military orders in 
an envelope with sufficient postage and with re-
turn receipt requested, and addressed as des-
ignated by the party to be notified (or that par-
ty’s grantee or agent), and depositing the enve-
lope in the United States mails. 
‘‘(e) DATE OF CONTRACT TERMINATION OR SUSPEN-
SION.—Termination or suspension of a service contract 
under subsection (a) is effective as of the date on which the 
notice under subsection (d) is delivered. 
‘‘(f) OTHER OBLIGATIONS
AND LIABILITIES.—The 
service provider under the contract may not impose an 
early termination or suspension charge, but any tax or any 
other obligation or liability of the servicemember that, in 
accordance with the terms of the contract, is due and un-
paid or unperformed at the time of termination or suspen-
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165 
sion of the contract shall be paid or performed by the serv-
icemember. 
‘‘(g) FEES PAID IN ADVANCE.—A fee or amount paid 
in advance for a period after the effective date of the termi-
nation of the contract shall be refunded to the 
servicemember by the other party (or that party’s grantee 
or agent) within 60 days of the effective date of the termi-
nation of the contract. 
‘‘(h) RELIEF TO OTHER PARTY.—Upon application by 
the other party to the contract to a court before the termi-
nation date provided in the written notice, relief granted 
by this section to a servicemember may be modified as jus-
tice and equity require. 
‘‘(i) CRIMINAL PENALTY.—Whoever knowingly violates 
this section shall be fined not more than $5,000 in the case 
of an individual or $10,000 in the case of an organization. 
‘‘(j) PRIVATE RIGHT OF ACTION.— 
‘‘(1) IN GENERAL.—A servicemember harmed by 
a violation of this section may in a civil action— 
‘‘(A) obtain any appropriate equitable relief 
with respect to the violation; and 
‘‘(B) recover an amount equal to three times 
the damages sustained as a result of the viola-
tion. 
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166 
‘‘(2) COSTS
AND
ATTORNEY
FEES.—The court 
shall award to a servicemember who prevails in an 
action under paragraph (1) the costs of the action, in-
cluding a reasonable attorney fee. 
‘‘(3) PRESERVATION
OF
OTHER
REMEDIES.— 
Nothing in this section shall be construed to preclude 
or limit any remedy otherwise available under law to 
the servicemember with respect to conduct prohibited 
under this section. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) MULTICHANNEL VIDEO PROGRAMMING SERV-
ICE.—The term ‘multichannel video programming 
service’ means video programming service provided by 
a multichannel video programming distributor, as 
such term is defined in section 602(13) of the Com-
munications Act of 1934 (47 U.S.C. 522(13)). 
‘‘(2) INTERNET
ACCESS
SERVICE.—The term 
‘Internet access service’ has the meaning given that 
term under section 231(e)(4) of the Communications 
Act of 1934 (47 U.S.C. 231(e)(4)). 
‘‘(3) 
CELLULAR
TELEPHONE
SERVICE.—The 
term ‘cellular telephone service’ means commercial 
mobile service, as that term is defined in section 
332(d) of the Communications Act of 1934 (47 U.S.C. 
332(d)). 
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167 
‘‘(4) TELEPHONE
EXCHANGE
SERVICE.—The 
term ‘telephone exchange service’ has the meaning 
given that term under section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153).’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by striking the item 
relating to section 305A and inserting the following new 
item: 
‘‘Sec. 305A. Termination or suspension of service contracts.’’. 
(c) VIOLATION OF INTEREST RATE LIMITATION.—Sec-
tion 207 of such Act is amended— 
(1) by amending subsection (e) to read as fol-
lows: 
‘‘(e) CRIMINAL PENALTY.— 
‘‘(1) IN GENERAL.—Whoever knowingly violates 
this section shall be fined not more than $5,000 in the 
case of an individual or $10,000 in the case of an or-
ganization. 
‘‘(2) DETERMINATION
OF
NUMBER
OF
VIOLA-
TIONS.—The court shall count as a separate violation 
each obligation or liability of a servicemember with 
respect to which— 
‘‘(A) the servicemember properly provided to 
the creditor written notice and a copy of the 
military orders calling the servicemember to 
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168 
military service and any orders further extend-
ing military service under subsection (b); and 
‘‘(B) the creditor fails to act in accordance 
with subsection (a).’’; 
(2) by redesignating subsection (f) as subsection 
(g); 
(3) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) RIGHTS OF SERVICEMEMBERS.— 
‘‘(1) 
PRIVATE
RIGHT
OF
ACTION
.—A 
servicemember harmed by a violation of this section 
may in a civil action— 
‘‘(A) obtain any appropriate equitable relief 
with respect to the violation; and 
‘‘(B) recover an amount equal to three times 
the damages sustained as a result of the viola-
tion. 
‘‘(2) COSTS
AND
ATTORNEY
FEES.—The court 
shall award to a servicemember who prevails in an 
action under paragraph (1) the costs of the action, in-
cluding a reasonable attorney fee. 
‘‘(3) PRESERVATION
OF
OTHER
REMEDIES.— 
Nothing in this section shall be construed to preclude 
or limit any remedy otherwise available under law to 
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169 
the servicemember with respect to conduct prohibited 
under this section.’’; and 
(4) in subsection (g), as redesignated by para-
graph (2) of this subsection, by inserting ‘‘and (f)’’ 
after ‘‘subsection (e)’’. 
(d) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to a contract entered 
into on or after the date of the enactment of this Act. 
SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 
motion for change of custody of a child of a servicemember 
is filed while the servicemember is deployed in support of 
a contingency operation, no court may enter an order modi-
fying or amending any previous judgment or order, or issue 
a new order, that changes the custody arrangement for that 
child that existed as of the date of the deployment of the 
servicemember, except that a court may enter a temporary 
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170 
custody order if the court finds that it is in the best interest 
of the child. 
‘‘(b) COMPLETION
OF DEPLOYMENT.—In any pre-
ceding covered under subsection (a), a court shall require 
that, upon the return of the servicemember from deployment 
in support of a contingency operation, the custody order 
that was in effect immediately preceding the date of the de-
ployment of the servicemember is reinstated, unless the 
court finds that such a reinstatement is not in the best in-
terest of the child, except that any such finding shall be 
subject to subsection (c). 
‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DETER-
MINATION OF CHILD’S BEST INTEREST.—If a motion for 
the change of custody of the child of a servicemember is filed, 
no court may consider the absence of the servicemember by 
reason of deployment, or possibility of deployment, in deter-
mining the best interest of the child. 
‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 
this section shall create a Federal right of action. 
‘‘(e) PREEMPTION.—In any case where State or Fed-
eral law applicable to a child custody proceeding under 
State or Federal law provides a higher standard of protec-
tion to the rights of the parent who is a servicemember than 
the rights provided under this section, the State or Federal 
court shall apply the State or Federal standard. 
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171 
‘‘(f) CONTINGENCY OPERATION DEFINED.—In this sec-
tion, the term ‘contingency operation’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code, except that the term may include such other 
deployments as the Secretary may prescribe.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding at the end 
of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 585. DEFINITIONS IN FAMILY AND MEDICAL LEAVE 
ACT OF 1993 RELATED TO ACTIVE DUTY, 
SERVICEMEMBERS, AND RELATED MATTERS. 
(a) DEFINITION OF COVERED ACTIVE DUTY.— 
(1) DEFINITION.—Paragraph (14) of section 101 
of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2611) is amended— 
(A) by striking all that precedes ‘‘under a 
call’’ and inserting the following: 
‘‘(14) COVERED ACTIVE DUTY.—The term ‘cov-
ered active duty’ means— 
‘‘(A) in the case of a member of a regular 
component of the Armed Forces, duty during the 
deployment of the member with the Armed 
Forces to a foreign country; and 
‘‘(B) in the case of a member of a reserve 
component of the Armed Forces, duty during the 
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172 
deployment of the member with the Armed 
Forces to a foreign country’’; and 
(B) by striking ‘‘101(a)(13)(B)’’ and insert-
ing ‘‘101(a)(13)’’. 
(2) LEAVE.—Section 102 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612) is 
amended— 
(A) in subsection (a)(1)(E), by striking ‘‘ac-
tive duty’’ each place it appears and inserting 
‘‘covered active duty’’; and 
(B) in subsection (e)(3)— 
(i) in the paragraph heading, by strik-
ing ‘‘ACTIVE
DUTY’’ and inserting ‘‘COV-
ERED ACTIVE DUTY’’; and 
(ii) by striking ‘‘active duty’’ each 
place it appears and inserting ‘‘covered ac-
tive duty’’. 
(3) CONFORMING
AMENDMENT.—Section 103(f) 
of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2613(f)) is amended, in the subsection head-
ing, by striking ‘‘ACTIVE DUTY’’ both places it ap-
pears and inserting ‘‘COVERED ACTIVE DUTY’’. 
(b) DEFINITION OF COVERED SERVICEMEMBER.—Sec-
tion 101 of the Family and Medical Leave Act of 1993 is 
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173 
further amended by striking paragraph (16) and inserting 
the following new paragraph: 
‘‘(16) COVERED
SERVICEMEMBER.—The term 
‘covered servicemember’ means— 
‘‘(A) a member of the Armed Forces (includ-
ing a member of the National Guard or Re-
serves) who is undergoing medical treatment, re-
cuperation, or therapy, is otherwise in out-
patient status, or is otherwise on the temporary 
disability retired list, for a serious injury or ill-
ness; or 
‘‘(B) a veteran who is undergoing medical 
treatment, recuperation, or therapy, for a serious 
injury or illness and who was a member of the 
Armed Forces (including a member of the Na-
tional Guard or Reserves) at any time during 
the period of 5 years preceding the date on which 
the veteran undergoes that medical treatment, re-
cuperation, or therapy.’’. 
(c) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; 
VETERAN.—Section 101 of the Family and Medical Leave 
Act of 1993 is further amended by striking paragraph (19) 
and inserting the following new paragraphs: 
‘‘(19) SERIOUS INJURY OR ILLNESS.—The term 
‘serious injury or illness’— 
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174 
‘‘(A) in the case of a member of the Armed 
Forces (including a member of the National 
Guard or Reserves), means an injury or illness 
incurred by the member in line of duty on cov-
ered active duty in the Armed Forces that may 
render the member medically unfit to perform 
the duties of the member’s office, grade, rank, or 
rating; and 
‘‘(B) in the case of a veteran who was a 
member of the Armed Forces (including a mem-
ber of the National Guard or Reserves) at any 
time during a period described in paragraph 
(16)(B), means an injury or illness incurred by 
the member in line of duty on covered active 
duty in the Armed Forces, that manifested itself 
after the member became a veteran, and that 
may have rendered the member medically unfit 
to perform the duties of the member’s office, 
grade, rank, or rating on the date the injury or 
illness was incurred if the injury or illness had 
manifested itself on that date. 
‘‘(20) VETERAN.—The term ‘veteran’ has the 
meaning given the term in section 101 of title 38, 
United States Code.’’. 
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175 
(d) TECHNICAL AMENDMENT.—Section 102(e)(2)(A) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 
2612(e)(2)(A)) is amended by striking ‘‘or parent’’ and in-
serting ‘‘parent, or next of kin (for leave taken under sub-
section (a)(3))’’. 
(e) EFFECTIVE
DATE
AND
REGULATIONS.—The 
amendments made by this section shall take effect on the 
date of the enactment of this Act. Not later than 120 days 
after such date, the Secretary of Labor shall issue direct 
final conforming regulations solely to implement such 
amendments. 
Subtitle I—Other Matters 
SEC. 591. NAVY GRANTS TO NAVAL SEA CADET CORPS. 
(a) GRANTS AUTHORIZED.—Chapter 647 of title 10, 
United States Code, is amended by inserting after section 
7541a the following new section: 
‘‘§ 7541b. Authority to make grants to Naval Sea 
Cadet Corps 
‘‘Subject to the availability of funds for this purpose, 
the Secretary of the Navy may make grants to support the 
purposes of the Naval Sea Cadet Corps, a federally char-
tered corporation under chapter 1541 of title 36.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 7541a the following new item: 
‘‘7541b. Authority to make grants to Naval Sea Cadet Corps.’’. 
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176 
SEC. 592. IMPROVED RESPONSE AND INVESTIGATION OF 
ALLEGATIONS OF SEXUAL ASSAULT INVOLV-
ING MEMBERS OF THE ARMED FORCES. 
(a) COMPTROLLER GENERAL REPORT.— 
(1) REPORT
REQUIRED.—Not later than one 
year after the date of the enactment of this Act, the 
Comptroller General shall submit to the congressional 
defense committees a report containing a review of the 
capacity of each service of the Armed Forces to inves-
tigate and adjudicate allegations of sexual assault to 
determine whether there are any barriers that nega-
tively affect the ability of that service to facilitate the 
investigation and adjudication of such allegations to 
the full extent of the Uniform Code of Military Jus-
tice. 
(2) ELEMENTS OF REPORT.—The report required 
by paragraph (1) shall include a review of the fol-
lowing: 
(A) The command processes of each of the 
Armed Forces for handling allegations of sexual 
assault (including command guidance, standing 
orders, and related matters), the staff judge advo-
cate structure of each Armed Force for cases of 
sexual assault, and the personnel and budget re-
sources allocated to handle allegations of sexual 
assault. 
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177 
(B) The extent to which command decisions 
regarding the disposition of cases properly direct 
cases to the most-appropriate venue for adjudica-
tion. 
(C) The effectiveness of personnel training 
methods regarding investigation and adjudica-
tion of sexual assault cases. 
(D) The capacity to investigate and adju-
dicate sexual assault cases in combat zones. 
(E) The recommendations of the Defense 
Task Force on Sexual Assault in the Military re-
garding investigation and adjudication of sexual 
assault. 
(b) PREVENTION.—Not later than 180 days after the 
dates of the enactment of this Act, the Secretary of Defense 
shall develop and submit to the congressional defense com-
mittees a sexual assault prevention program, which shall 
include, at minimum, the following components: 
(1) Action plans for reducing the number of sex-
ual assaults, with timelines for implementation of the 
plans, development tools, and a comprehensive evalua-
tion process. 
(2) A mechanism to measure the effectiveness of 
the program, to include outcome measurement and 
metrics. 
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178 
(3) Training programs for commanders and sen-
ior enlisted leaders, including pre-command courses. 
(4) The budget necessary to permit full imple-
mentation of the program. 
(c) SEXUAL ASSAULT FORENSIC EXAMS.— 
(1) AVAILABILITY OF SEXUAL ASSAULT FORENSIC 
EXAMS IN COMBAT ZONES.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional de-
fense committees a report evaluating the availability 
of sexual assault forensic examinations in combat 
zones. The report shall include, at a minimum, the 
following: 
(A) The current availability of sexual as-
sault forensic examinations in combat zones. 
(B) The barriers to providing sexual assault 
forensic examinations at all echelons of care in 
combat zones. 
(C) Any legislative actions required to im-
prove the availability of sexual assault forensic 
examinations in combat zones. 
(2) TRICARE COVERAGE FOR FORENSIC EXAMINA-
TION FOLLOWING SEXUAL ASSAULT OR DOMESTIC VIO-
LENCE.—Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense shall 
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179 
submit to the congressional defense committees a re-
port describing the progress made in implementing 
section 1079(a)(17) of title 10, United States Code, as 
added by section 701 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109-324; 120 Stat. 2279). 
(d) MILITARY PROTECTIVE ORDERS.— 
(1) COLLECTION
OF
STATISTICAL
INFORMA-
TION.—Not later than 30 days after the date of enact-
ment of this Act, the Secretary of Defense shall re-
quire that sexual assault statistics collected by the De-
partment of Defense include information on whether 
a military protective order was issued that involved 
either the victim or alleged perpetrator of a sexual as-
sault. The Secretary shall include such information in 
the annual report submitted to Congress on sexual as-
saults involving members of the Armed Forces. 
(2) INFORMATION TO MEMBERS.—The Secretary 
of Defense shall ensure that, when a military protec-
tive order is issued to protect a member of the Armed 
Forces, the member is informed of the right of the 
member to request a base transfer from the command. 
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180 
SEC. 593. MODIFICATION OF MATCHING FUND REQUIRE-
MENTS UNDER NATIONAL GUARD YOUTH 
CHALLENGE PROGRAM. 
(a) AUTHORITY TO INCREASE DOD SHARE OF PRO-
GRAM.—Section 509(d)(1) of title 32, United States Code, 
is amended by striking ‘‘60 percent of the costs’’ and insert-
ing ‘‘75 percent of the costs’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2009, and shall 
apply with respect to fiscal years beginning on or after that 
date. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2010 increase in military basic pay. 
Sec. 602. Special monthly compensation allowance for members with combat-re-
lated catastrophic injuries or illnesses pending their retirement 
or separation for physical disability. 
Sec. 603. Stabilization of pay and allowances for senior enlisted members and 
warrant officers appointed as officers and officers reappointed in 
a lower grade. 
Sec. 604. Report on housing standards used to determine basic allowance for 
housing. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for 
health care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 
bonuses and special pay. 
Sec. 616. One-year extension of authorities relating to payment of referral bo-
nuses. 
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181 
Sec. 617. Technical corrections and conforming amendments to reconcile con-
flicting amendments regarding continued payment of bonuses 
and similar benefits for certain members. 
Sec. 618. Proration of certain special and incentive pays to reflect time during 
which a member satisfies eligibility requirements for the special 
or incentive pay. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Transportation of additional motor vehicle of members on change of 
permanent station to or from nonforeign areas outside the conti-
nental United States. 
Sec. 632. Travel and transportation allowances for designated individuals of 
wounded, ill, or injured members for duration of inpatient treat-
ment. 
Sec. 633. Authorized travel and transportation allowances for non-medical at-
tendants for very seriously and seriously wounded, ill, or injured 
members. 
Sec. 634. Increased weight allowance for transportation of baggage and household 
effects for certain enlisted members. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Recomputation of retired pay and adjustment of retired grade of Re-
serve retirees to reflect service after retirement. 
Sec. 642. 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 E—Commissary and Nonappropriated Fund Instrumentality Benefits 
and Operations 
Sec. 651. Additional exception to limitation on use of appropriated funds for De-
partment of Defense golf courses. 
Sec. 652. Limitation on Department of Defense entities offering personal infor-
mation services to members and their dependents. 
Sec. 653. Report on impact of purchasing from local distributors all alcoholic bev-
erages for resale on military installations on Guam. 
Subtitle F—Other Matters 
Sec. 661. Limitations on collection of overpayments of pay and allowances erro-
neously paid to members. 
Sec. 662. Army authority to provide additional recruitment incentives. 
Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence program 
for certain periods before implementation of program. 
Sec. 664. Sense of Congress regarding support for compensation, retirement, and 
other military personnel programs. 
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Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2010 re-
quired by section 1009 of title 37, United States Code, in 
the rates of monthly basic pay authorized members of the 
uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2010, the rates of monthly basic pay for members of the 
uniformed services are increased by 3.4 percent. 
SEC. 602. SPECIAL MONTHLY COMPENSATION ALLOWANCE 
FOR MEMBERS WITH COMBAT-RELATED CATA-
STROPHIC INJURIES OR ILLNESSES PENDING 
THEIR RETIREMENT OR SEPARATION FOR 
PHYSICAL DISABILITY. 
(a) IN GENERAL.—Chapter 7 of title 37, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 439. Special monthly compensation: members with 
combat-related catastrophic injuries or 
illnesses pending their retirement or sepa-
ration for physical disability 
‘‘(a) COMPENSATION
AUTHORIZED.—(1) The Sec-
retary concerned may pay to any member of the uniformed 
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183 
services described in paragraph (2) a special monthly com-
pensation in an amount determined under subsection (b). 
‘‘(2) Subject to paragraph (3), a member eligible for 
the compensation authorized by paragraph (1) is a mem-
ber— 
‘‘(A) who has a combat-related catastrophic in-
jury or illness; and 
‘‘(B) who has been certified by a licensed physi-
cian as being in need of assistance from another per-
son to perform the personal functions required in ev-
eryday living; and 
‘‘(3) The Secretary of Defense (or the Secretary of 
Homeland Security, with respect to the Coast Guard) may 
establish additional eligibility criteria in the regulations re-
quired by subsection (e). 
‘‘(b) AUTHORIZED AMOUNT OF COMPENSATION.—(1) 
The amount of the special monthly compensation authorized 
by subsection (a) shall be determined under criteria pre-
scribed in the regulations required by subsection (e), except 
that the amount may not exceed the amount of the aid and 
attendance allowance authorized by section 1114(r) of title 
38 for veterans in need of regular aid and attendance. 
‘‘(2) In determining the amount of the special monthly 
compensation to be provided to a member, the Secretary 
concerned shall consider the extent to which— 
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184 
‘‘(A) home health care and related services are 
being provided to the member by the Government; and 
‘‘(B) aid and attendance services are being pro-
vided by family and friends of the member who may 
be compensated with funds provided through the spe-
cial monthly compensation authorized by this section. 
‘‘(c) TERMINATION.—The eligibility of a member to re-
ceive special monthly compensation under subsection (a) 
terminates on the earlier of the following: 
‘‘(1) The first month following the end of the 90- 
day period beginning on the date of the separation or 
retirement of the member. 
‘‘(2) The first month beginning after the death of 
the member. 
‘‘(3) The first month beginning after the date on 
which the member is determined to be no longer af-
flicted with a catastrophic injury or illness. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘catastrophic injury or illness’ 
means a permanent, severely disabling injury, dis-
order, or illness that the Secretary concerned deter-
mines compromises the ability of the afflicted person 
to carry out the activities of daily living to such a 
degree that the person requires— 
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185 
‘‘(A) personal or mechanical assistance to 
leave home or bed; or 
‘‘(B) constant supervision to avoid physical 
harm to self or others. 
‘‘(2) The term ‘combat-related’, with respect to a 
catastrophic injury or illness, means a wound, injury, 
or illness for which the member involved was awarded 
the Purple Heart or that was incurred as described 
in section 1413a(e)(2) of title 10. 
‘‘(e) REGULATIONS.—The Secretary of Defense (or the 
Secretary of Homeland Security, with respect to the Coast 
Guard) shall prescribe regulations to carry out this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘439. Special monthly compensation: members with combat-related catastrophic 
injuries or illnesses pending their retirement or separation for 
physical disability.’’. 
SEC. 603. STABILIZATION OF PAY AND ALLOWANCES FOR 
SENIOR ENLISTED MEMBERS AND WARRANT 
OFFICERS APPOINTED AS OFFICERS AND OF-
FICERS REAPPOINTED IN A LOWER GRADE. 
(a) IN GENERAL.—Section 907 of title 37, United 
States Code, is amended to read as follows: 
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186 
‘‘§ 907. Members appointed or reappointed as officers: 
no reduction in pay and allowances 
‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 
member of the armed forces who accepts an appointment 
or reappointment as an officer without a break in service 
shall, for service as an officer, be paid the greater of— 
‘‘(1) the pay and allowances to which the officer 
is entitled as an officer; or 
‘‘(2) the pay and allowances to which the officer 
would be entitled if the officer were in the last grade 
the officer held before the appointment or reappoint-
ment as an officer. 
‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 
and (3), for the purposes of this section, the pay of a grade 
formerly held by an officer described in subsection (a) in-
clude special and incentive pays under chapter 5 of this 
title. 
‘‘(2) In determining the amount of the pay of a grade 
formerly held by an officer, special and incentive pays may 
be considered only so long as the officer continues to perform 
the duty that creates the entitlement to, or eligibility for, 
that pay and would otherwise be eligible to receive that pay 
in the former grade. 
‘‘(3) Special and incentive pays that are dependent on 
a member being in an enlisted status may not be considered 
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187 
in determining the amount of the pay of a grade formerly 
held by an officer. 
‘‘(c) COVERED ALLOWANCES.—(1) Subject to para-
graph (2), for the purposes of this section, the allowances 
of a grade formerly held by an officer described in sub-
section (a) include allowances under chapter 7 of this title. 
‘‘(2) The clothing allowance under section 418 of this 
title may not be considered in determining the amount of 
the allowances of a grade formerly held by an officer de-
scribed in subsection (a) if the officer is entitled to a uni-
form allowance under section 415 of this title. 
‘‘(d) RATES OF PAY AND ALLOWANCES.—For the pur-
poses of this section, the rates of pay and allowances of a 
grade that an officer formerly held are those rates that the 
officer would be entitled to had the officer remained in that 
grade and continued to receive the increases in pay and 
allowances authorized for that grade, as otherwise provided 
in this title or other provisions of law.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 17 of such title is amended by 
striking the item relating to section 907 and inserting the 
following new item: 
‘‘907. Members appointed or reappointed as officers: no reduction in pay and al-
lowances.’’. 
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188 
SEC. 604. REPORT ON HOUSING STANDARDS USED TO DE-
TERMINE BASIC ALLOWANCE FOR HOUSING. 
(a) REPORT REQUIRED.—Not later than July 1, 2010, 
the Secretary of Defense shall submit to the congressional 
defense committees a report containing— 
(1) a review of the housing standards used to de-
termine the monthly rates of basic allowance for hous-
ing under section 403 of title 37, United States Code; 
and 
(2) such recommended changes to the standards, 
including an estimate of the cost of each recommended 
change, as the Secretary considers appropriate. 
(b) ELEMENTS OF REVIEW.—The Secretary shall con-
sider whether the housing standards are suitable in terms 
of— 
(1) recognizing the societal needs and expecta-
tions of families in the United States; 
(2) providing for an appropriate quality of life 
for members of the Armed Forces in all grades; and 
(3) recognizing the appropriate rewards and 
prestige associated with promotion to higher military 
grades throughout the rank structure. 
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189 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. 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 insert-
ing ‘‘December 31, 2010’’: 
(1) Section 308b(g), relating to Selected Reserve 
reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus. 
(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 Reserve 
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 expe-
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190 
riencing extended and frequent mobilization for active 
duty service. 
SEC. 612. 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 officer 
candidate accession program. 
(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 ‘‘De-
cember 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 spe-
cial pay for nurse anesthetists. 
(4) Section 302g(e), relating to special pay for 
Selected Reserve health professionals in critically 
short wartime specialties. 
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(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. 
(8) Section 302l(g), relating to accession bonus 
for dental specialist officers in critically short war-
time specialties. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2009’’ and insert-
ing ‘‘December 31, 2010’’: 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service. 
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus. 
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192 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO TITLE 37 CONSOLIDATED SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORI-
TIES. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2009’’ and insert-
ing ‘‘December 31, 2010’’: 
(1) Section 331(h), relating to general bonus au-
thority for enlisted members. 
(2) Section 332(g), relating to general bonus au-
thority for officers. 
(3) Section 333(i), relating to special bonus and 
incentive pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus and 
incentive pay authorities for officers in health profes-
sions. 
(6) Section 351(i), relating to hazardous duty 
pay. 
(7) Section 352(g), relating to assignment pay or 
special duty pay. 
(8) Section 353(j), relating to skill incentive pay 
or proficiency bonus. 
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(9) Section 355(i), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER TITLE 37 BO-
NUSES AND SPECIAL PAY. 
The following sections of chapter 5 of title 37, United 
States Code, are amended by striking ‘‘December 31, 2009’’ 
and inserting ‘‘December 31, 2010’’: 
(1) Section 301b(a), relating to aviation officer 
retention bonus. 
(2) Section 307a(g), relating to assignment in-
centive pay. 
(3) Section 308(g), relating to reenlistment 
bonus for active members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 324(g), relating to accession bonus 
for new officers in critical skills. 
(6) Section 326(g), relating to incentive bonus 
for conversion to military occupational specialty to 
ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus 
for transfer between armed forces. 
(8) Section 330(f), relating to accession bonus for 
officer candidates. 
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194 
SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF REFERRAL BONUSES. 
The following sections of title 10, United States Code, 
are amended by striking ‘‘December 31, 2009’’ and insert-
ing ‘‘December 31, 2010’’: 
(1) Section 1030(i), relating to health professions 
referral bonus. 
(2) Section 3252(h), relating to Army referral 
bonus. 
SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING 
AMENDMENTS TO RECONCILE CONFLICTING 
AMENDMENTS REGARDING CONTINUED PAY-
MENT OF BONUSES AND SIMILAR BENEFITS 
FOR CERTAIN MEMBERS. 
(a) TECHNICAL CORRECTIONS TO RECONCILE CON-
FLICTING
AMENDMENTS.—Section 303a(e) of title 37, 
United States Code, is amended— 
(1) in paragraph (1)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; 
(3) in paragraph (5), as so redesignated, by 
striking ‘‘paragraph (3)(B)’’ and inserting ‘‘para-
graph (4)(B)’’; 
(4) by redesignating paragraph (2), as added by 
section 651(b) of the Duncan Hunter National De-
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195 
fense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4495), as paragraph (3); and 
(5) by redesignating the second subparagraph 
(B) of paragraph (1), originally added as paragraph 
(2) by section 2(a)(3) of the Hubbard Act (Public 
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 AUTHORITIES.— 
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 para-
graph: 
‘‘(3) SPECIAL
RULE
FOR
MEMBERS
WHO
RE-
CEIVE
SOLE
SURVIVORSHIP
DISCHARGE.—(A) If a 
member of the uniformed services receives a sole survi-
vorship discharge, the Secretary concerned— 
‘‘(i) shall not require repayment by the 
member of the unearned portion of any bonus, 
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196 
incentive pay, or similar benefit previously paid 
to the member; and 
‘‘(ii) may grant an exception to the require-
ment to terminate the payment of any unpaid 
amounts of a bonus, incentive pay, or similar 
benefit if the Secretary concerned determines that 
termination of the payment of the unpaid 
amounts would be contrary to a personnel policy 
or management objective, would be against eq-
uity 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 member, 
pursuant to the Department of Defense policy permit-
ting 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 sib-
lings— 
‘‘(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-
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197 
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-
curred during a period of unauthorized ab-
sence.’’. 
SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCEN-
TIVE PAYS TO REFLECT TIME DURING WHICH 
A MEMBER SATISFIES ELIGIBILITY REQUIRE-
MENTS FOR THE SPECIAL OR INCENTIVE PAY. 
(a) SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE 
FIRE OR IMMINENT DANGER.—Section 310 of title 37, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) 
by 
striking 
‘‘AND
SPECIAL
PAY 
AMOUNT’’ in the subsection heading; and 
(B) by striking ‘‘at the rate of $225 for any 
month’’ in the matter preceding paragraph (1) 
and inserting ‘‘under subsection (b) for any 
month or portion of a month’’; 
(2) in subsection (c), by striking paragraph (3); 
(3) by redesignating subsections (b), (c), and (d) 
as subsections (c), (d), and (e), respectively; and 
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198 
(4) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) SPECIAL PAY AMOUNT; PRORATION.—(1) The 
special pay authorized by subsection (a) may not exceed 
$225 a month. 
‘‘(2) Except as provided in subsection (c), if a member 
does not satisfy the eligibility requirements specified in 
paragraphs (1) and (2) of subsection (a) for an entire 
month for receipt of special pay under subsection (a), the 
Secretary concerned may prorate the payment amount to 
reflect the duration of the member’s actual qualifying serv-
ice during the month.’’. 
(b) HAZARDOUS DUTY PAY.—Section 351 of such title 
is amended— 
(1) by striking subsections (c) and (d) and redes-
ignating subsections (e) through (i) as subsections (d) 
through (h), respectively; and 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) METHOD OF PAYMENT; PRORATION.— 
‘‘(1) MONTHLY PAYMENT.—Subject to paragraph 
(2), hazardous duty pay shall be paid on a monthly 
basis. 
‘‘(2) PRORATION.—If a member does not satisfy 
the eligibility requirements specified in paragraph 
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199 
(1), (2), or (3) of subsection (a) for an entire month 
for receipt of hazardous duty pay, the Secretary con-
cerned may prorate the payment amount to reflect the 
duration of the member’s actual qualifying service 
during the month.’’. 
(c) ASSIGNMENT
OR SPECIAL DUTY PAY.—Section 
352(b)(1) of such title is amended by adding at the end 
the following new sentence: ‘‘If paid monthly, the Secretary 
concerned may prorate the monthly amount of the assign-
ment or special duty pay for a member who does not satisfy 
the eligibility requirement for an entire month to reflect the 
duration of the member’s actual qualifying service during 
the month.’’. 
(d) SKILL INCENTIVE PAY.—Section 353 of such title 
is amended— 
(1) by striking subsection (f) and redesignating 
subsections (g) through (j) as subsections (f) through 
(i), respectively; and 
(2) in subsection (c), by striking paragraph (1) 
and inserting the following new paragraph: 
‘‘(1) SKILL INCENTIVE PAY.—(A) Skill incentive 
pay under subsection (a) may not exceed $1,000 a 
month. 
‘‘(B) If a member does not satisfy the eligibility 
requirements specified in paragraphs (1) and (2) of 
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subsection (a) for an entire month for receipt of skill 
incentive pay, the Secretary concerned may prorate 
the payment amount to reflect the duration of the 
member’s actual qualifying service during the month. 
A member of a reserve component entitled to com-
pensation under section 206 of this title who is au-
thorized skill incentive pay under subsection (a) may 
be paid an amount of such pay that is proportionate 
to the compensation received by the member under 
section 206 of this title for inactive-duty training.’’. 
(e) APPLICATION OF AMENDMENTS.—The amendments 
made by this section shall apply with respect to months be-
ginning 90 or more days after the date of the enactment 
of this Act. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 631. TRANSPORTATION OF ADDITIONAL MOTOR VEHI-
CLE OF MEMBERS ON CHANGE OF PERMA-
NENT STATION TO OR FROM NONFOREIGN 
AREAS OUTSIDE THE CONTINENTAL UNITED 
STATES. 
(a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR 
VEHICLE.—Subsection (a) of section 2634 of title 10, 
United States Code, is amended— 
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201 
(1) by striking the sentence following paragraph 
(4); 
(2) by redesignating paragraphs (1), (2), (3), 
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively; 
(3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(4) by adding at the end the following new para-
graph: 
‘‘(2) One additional motor vehicle of a member (or a 
dependent of the member) may be transported as provided 
in paragraph (1) if— 
‘‘(A) the member is ordered to make a change of 
permanent station to or from a nonforeign area out-
side the continental United States and the member 
has at least one dependent of driving age who will use 
the motor vehicle; or 
‘‘(B) the Secretary concerned determines that a 
replacement for the motor vehicle transported under 
paragraph (1) is necessary for reasons beyond the 
control of the member and is in the interest of the 
United States and the Secretary approves the trans-
portation in advance.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Such subsection is further amended— 
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(1) by striking ‘‘his dependents’’ and inserting 
‘‘a dependent of the member’’; 
(2) by striking ‘‘him’’ and inserting ‘‘the mem-
ber’’; 
(3) by striking ‘‘his)’’ and inserting ‘‘the mem-
ber)’’; 
(4) by striking ‘‘his new’’ and inserting ‘‘the 
member’s new’’; and 
(5) in paragraph (1)(C), as redesignated by sub-
section (a), by striking ‘‘clauses (1) and (2)’’ and in-
serting ‘‘subparagraphs (A) and (B)’’. 
(c) EFFECTIVE DATE.—Paragraph (2)(A) of sub-
section (a) of section 2634 of title 10, United States Code, 
as added by subsection (a)(4), shall apply with respect to 
orders issued on or after the date of the enactment of this 
Act for members of the Armed Forces to make a change of 
permanent station to or from nonforeign areas outside the 
continental United States. 
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR DESIGNATED INDIVIDUALS OF WOUND-
ED, ILL, OR INJURED MEMBERS FOR DURA-
TION OF INPATIENT TREATMENT. 
(a) AUTHORITY TO PROVIDE TRAVEL TO DESIGNATED 
INDIVIDUALS.—Subsection (a) of section 411h of title 37, 
United States Code, is amended— 
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(1) in paragraph (1)— 
(A) by striking ‘‘family members of a mem-
ber described in paragraph (2)’’ and inserting 
‘‘individuals who, with respect to a member de-
scribed in paragraph (2), are designated individ-
uals for that member’’; 
(B) by striking ‘‘that the presence of the 
family member’’ and inserting ‘‘that the presence 
of the designated individual’’; and 
(C) by striking ‘‘of family members’’ and 
inserting ‘‘of designated individuals’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) In the case of a designated individual who is also 
a member of the uniformed services, that member may be 
provided travel and transportation under this section in the 
same manner as a designated individual who is not a mem-
ber.’’. 
(b) DEFINITION OF DESIGNATED INDIVIDUAL.—Sub-
section (b) of such section is amended by striking para-
graphs (1) and (2) and inserting the following new para-
graphs: 
‘‘(1) In this section, the term ‘designated individual’, 
with respect to a member, means— 
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‘‘(A) an individual designated by the member for 
the purposes of this section; or 
‘‘(B) in the case of a member who has not made 
a designation under subparagraph (A) and, as deter-
mined by the attending physician or surgeon, is not 
able to make such a designation, an individual who, 
as designated by the attending physician or surgeon 
and the commander or head of the military medical 
facility exercising control over the member, is someone 
with a personal relationship to the member whose 
presence would aid and support the health and wel-
fare of the member during the duration of the mem-
ber’s inpatient treatment. 
‘‘(2) The designation of an individual as a designated 
individual for purposes of this section may be changed at 
any time.’’. 
(c) COVERAGE OF MEMBERS HOSPITALIZED OUTSIDE 
THE UNITED STATES WHO WERE WOUNDED OR INJURED 
IN A COMBAT OPERATION OR COMBAT ZONE.— 
(1) COVERAGE FOR HOSPITALIZATION OUTSIDE 
THE UNITED STATES.—Subparagraph (B) of section 
(a)(2) of such section is amended— 
(A) in clause (i), by striking ‘‘in or outside 
the United States’’; and 
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(B) in clause (ii), by striking ‘‘in the 
United States’’. 
(2) CLARIFICATION
OF
MEMBERS
COVERED.— 
Such subparagraph is further amended— 
(A) in clause (i), by inserting ‘‘seriously 
wounded,’’ after ‘‘(i) is’’; and 
(B) in clause (ii)— 
(i) by striking ‘‘an injury’’ and insert-
ing ‘‘a wound or an injury’’; and 
(ii) by striking ‘‘that injury’’ and in-
serting ‘‘that wound or injury’’. 
(d) FREQUENCY
OF AUTHORIZED TRAVEL.—Para-
graph (3) of subsection (a) of such section is amended to 
read as follows: 
‘‘(3)(A) Not more than a total of three round trips may 
be provided under paragraph (1) in any 60-day period at 
Government expense to the individuals who are the des-
ignated individuals of a member during that period. 
‘‘(B) If the Secretary concerned has waived the limita-
tion in paragraph (1) on the number of designated individ-
uals for a member, then for any 60-day period during 
which the waiver is in effect, the limitation in subpara-
graph (A) shall be adjusted accordingly. 
‘‘(C) During any period during which there is in effect 
a non-medical attendant designation for a member, not 
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more than a total of two round trips may be provided under 
paragraph (1) in any 60-day period at Government expense 
until a non-medical attendant is no longer designated or 
that designation transfers to another individual, in which 
case during the transfer period three round trips may be 
provided.’’. 
(e) STYLISTIC AND CONFORMING AMENDMENTS.—Such 
section is further amended—— 
(1) in subsection (a), by inserting ‘‘TRAVEL AND 
TRANSPORTATION AUTHORIZED.—’’ after ‘‘(a)’’ ; 
(2) in subsection (b), by inserting ‘‘DEFINI-
TIONS.—’’ after ‘‘(b)’’; 
(3) in subsection (c)— 
(A) by inserting ‘‘ROUND TRIP TRANSPOR-
TATION AND PER DIEM ALLOWANCE.—’’ after 
‘‘(c)’’ ; and 
(B) in paragraph (1), by striking ‘‘family 
member’’ and inserting ‘‘designated individual’’; 
and 
(4) in subsection (d), by inserting ‘‘METHOD OF 
TRANSPORTATION AUTHORIZED.—’’ after ‘‘(d)’’. 
(f) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
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‘‘§ 411h. Travel and transportation allowances: trans-
portation of designated individuals inci-
dent to hospitalization of members for 
treatment of wounds, illness, or injury’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 7 of such title is amended 
by striking the item relating to section 411h and in-
serting the following new item: 
‘‘411h. Travel and transportation allowances: transportation of designated indi-
viduals incident to hospitalization of members for treatment of 
wounds, illness, or injury.’’. 
(g) CONFORMING AMENDMENT TO WOUNDED WARRIOR 
ACT.—Paragraph (4) of section 1602 of the Wounded War-
rior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 
note) is amended to read as follows: 
‘‘(4) ELIGIBLE FAMILY MEMBER.—(A) The term 
‘eligible family member’ means a family member who 
is on invitational travel orders or serving as a non- 
medical attendee while caring for a recovering service 
member for more than 45 days during a one-year pe-
riod. 
‘‘(B) For purposes of subparagraph (A), the term 
‘family member’, with respect to a recovering service 
member, means the following: 
‘‘(i) The member’s spouse. 
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208 
‘‘(ii) Children of the member (including 
stepchildren, adopted children, and illegitimate 
children). 
‘‘(iii) Parents of the member or persons in 
loco parentis to the member, including fathers 
and mothers through adoption and persons who 
stood in loco parentis to the member for a period 
not less than one year immediately before the 
member entered the uniformed service, except 
that only one father and one mother or their 
counterparts in loco parentis may be recognized 
in any one case. 
‘‘(iv) Siblings of the member. Such term in-
cludes a person related to the member as de-
scribed in clauses (i), (ii), (iii), or (iv) who is 
also a member of the uniformed services.’’. 
(h) APPLICABILITY OF AMENDMENTS.—No reimburse-
ment may be provided under section 411h of title 37, United 
States Code, by reason of the amendments made by this sec-
tion for travel and transportation costs incurred before the 
date of the enactment of this Act. 
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209 
SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION AL-
LOWANCES FOR NON-MEDICAL ATTENDANTS 
FOR 
VERY 
SERIOUSLY 
AND 
SERIOUSLY 
WOUNDED, ILL, OR INJURED MEMBERS. 
(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 
(1) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is amended by inserting after section 
411j the following new section: 
‘‘§ 411k. Travel and transportation allowances: non- 
medical attendants for members who are 
determined to be very seriously or seri-
ously wounded, ill, or injured 
‘‘(a) ALLOWANCE FOR NON-MEDICAL ATTENDANT.— 
(1) Under uniform regulations prescribed by the Secretaries 
concerned, travel and transportation described in subsection 
(d) may be provided for a qualified non-medical attendant 
for a covered member of the uniformed services described 
in subsection (c) if the attending physician or surgeon and 
the commander or head of the military medical facility ex-
ercising control over the member determine that the presence 
of such an attendant may contribute to the member’s health 
and welfare. 
‘‘(b) QUALIFIED
NON-MEDICAL
ATTENDANT.—For 
purposes of this section, a qualified non-medical attendant, 
with respect to a covered member, is an individual who— 
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210 
‘‘(1) is designated by the member to be a non- 
medical attendant for the member for purposes of this 
section; and 
‘‘(2) is determined by the attending physician or 
surgeon and the commander or head of the military 
medical facility to be appropriate to serve as a non- 
medical attendant for the member and whose presence 
may contribute to the health and welfare of the mem-
ber. 
‘‘(c) COVERED MEMBERS.—A member of the uni-
formed services covered by this section is a member who— 
‘‘(1) as a result of a wound, illness, or injury, 
has been determined by the attending physician or 
surgeon to be in the category known as ‘very seriously 
wounded, ill, or injured’ or ‘seriously wounded, ill, or 
injured’; and 
‘‘(2) is hospitalized for treatment of the wound, 
illness, or injury or requires continuing outpatient 
treatment for the wound, illness, or injury. 
‘‘(d) AUTHORIZED TRAVEL AND TRANSPORTATION.— 
(1) The transportation authorized by subsection (a) for a 
qualified non-medical attendant for a member is round-trip 
transportation between the home of the attendant and the 
location at which the member is receiving treatment and 
may include transportation, while accompanying the mem-
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211 
ber, to any other location to which the member is subse-
quently transferred for further treatment. A designated non- 
medical attendant under this section may not also be a des-
ignated individual for travel and transportation allowances 
section 411h(a) of this title. 
‘‘(2) The transportation authorized by subsection (a) 
includes any travel necessary to obtain treatment for the 
member at the location to which the member is permanently 
assigned. 
‘‘(3) In addition to the transportation authorized by 
subsection (a), the Secretary concerned may provide a per 
diem allowance or reimbursement for the actual and nec-
essary expenses of the travel, or a combination thereof, but 
not to exceed the rates established under section 404(d) of 
this title. 
‘‘(4) The transportation authorized by subsection (a) 
may be provided by any of the following means: 
‘‘(A) Transportation in-kind. 
‘‘(B) A monetary allowance in place of transpor-
tation in-kind at a rate to be prescribed by the Secre-
taries concerned. 
‘‘(C) Reimbursement for the commercial cost of 
transportation. 
‘‘(5) An allowance payable under this subsection may 
be paid in advance. 
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212 
‘‘(6) Reimbursement payable under this subsection 
may not exceed the cost of Government-procured commercial 
round-trip air travel.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item related to section 411j the fol-
lowing new item: 
‘‘411k. Travel and transportation allowances: non-medical attendants for members 
determined to be very seriously or seriously wounded, ill, or in-
jured.’’. 
(b) APPLICABILITY.—No reimbursement may be pro-
vided under section 411k of title 37, United States Code, 
as added by subsection (a), for travel and transportation 
costs incurred before the date of the enactment of this Act. 
SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPOR-
TATION OF BAGGAGE AND HOUSEHOLD EF-
FECTS FOR CERTAIN ENLISTED MEMBERS. 
(a) ALLOWANCE.—The table in section 406(b)(1)(C) of 
title 37, United States Code, is amended by striking the 
items relating to pay grades E–5 through E–9 and insert-
ing the following new items: 
Pay Grade 
Without Dependents 
With Dependents 
‘‘E–9 
13,500 
15,500 
E–8 
12,500 
14,500 
E–7 
11,500 
13,500 
E–6 
8,500 
11,500 
E–5 
7,500 
9,500’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2009. 
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213 
(c) FUNDING SOURCE.—Of the amounts authorized to 
be appropriated to the Department of Defense for military 
personnel accounts for fiscal year 2010, not more than 
$31,000,000 shall be available to cover the additional costs 
incurred to implement the amendment made by subsection 
(a). 
Subtitle D—Retired Pay and 
Survivor Benefits 
SEC. 641. RECOMPUTATION OF RETIRED PAY AND ADJUST-
MENT OF RETIRED GRADE OF RESERVE RE-
TIREES TO REFLECT SERVICE AFTER RETIRE-
MENT. 
(a) RECOMPUTATION
OF
RETIRED
PAY.—Section 
12739 of title 10, United States Code, is amended by adding 
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 Re-
serve under section 10145(d) of this title and completes not 
less than two years of service in such active status, the mem-
ber 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— 
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214 
‘‘(A) is recalled to serve in a position of adjutant 
general required under section 314 of title 32 or in 
a position of assistant adjutant general subordinate 
to such a position of adjutant general; 
‘‘(B) completes at least six 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.’’. 
(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 section 
10145(d) of this title and completes not less than two years 
of service in such active status, the member is entitled to 
an adjustment in the retired grade of the member in the 
manner provided in section 1370(d) of this title. 
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215 
‘‘(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 adjutant 
general required under section 314 of title 32 or in 
a position of assistant adjutant general subordinate 
to such a position of adjutant general; 
‘‘(B) completes at least six 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 amendments 
made by this section shall take effect as of January 1, 2008. 
SEC. 642. 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 RE-
TIRED PAY.—(1) Notwithstanding the requirement in para-
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216 
graph (4) of section 12731(a) of this title that a person 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 receive retired pay 
under this chapter, instead of receiving retired or retainer 
pay under chapter 65, 367, 571, or 867 of this title, if the 
person— 
‘‘(A) satisfies the requirements specified in para-
graphs (1) and (2) of such section for entitlement to 
retired pay under this chapter; 
‘‘(B) served in an active status in the Selected 
Reserve of the Ready Reserve after becoming eligible 
for retirement under chapter 65, 367, 571, or 867 of 
this title (without regard to whether the person actu-
ally retired or received retired or retainer pay under 
one of those chapters); and 
‘‘(C) completed not less than two years of satis-
factory service (as determined by the Secretary con-
cerned) in such active status (excluding any period of 
active service). 
‘‘(2) The Secretary concerned may reduce the min-
imum two-year service requirement specified in paragraph 
(1)(C) in the case of a person who— 
‘‘(A) completed at least six months of service in 
a position of adjutant general required under section 
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217 
314 of title 32 or in a position of assistant adjutant 
general subordinate to such a position of adjutant 
general; and 
‘‘(B) failed to complete the minimum years of 
service solely because the appointment of the person to 
such position was terminated or vacated as described 
in section 324(b) of title 32.’’. 
(b) ACTIONS TO EFFECTUATE ELECTION.—Subsection 
(b) of such section is amended by striking paragraph (1) 
and inserting the following new paragraph: 
‘‘(1) terminate the eligibility of the person to re-
tire under chapter 65, 367, 571, or 867 of this title, 
if the person is not already retired under one of those 
chapters, and terminate entitlement of the person to 
retired or retainer pay under one of those chapters, 
if the person was already receiving retired or retainer 
pay under one of those chapters; and’’. 
(c) CONFORMING AMENDMENT
TO REFLECT NEW 
VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub-
section (d) of such section is amended— 
(1) in paragraph (1), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under section 12731(f) of 
this title’’; and 
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218 
(2) in paragraph (2)(A), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under such section’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for section 
12741 of such title is amended to read as follows: 
‘‘§ 12741. Retirement for service in an active status 
performed in the Selected Reserve of the 
Ready Reserve after eligibility for regular 
retirement’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1223 of such title is 
amended by striking the item relating to section 
12741 and inserting the following new item: 
‘‘12741. Retirement for service in an active status performed in the Selected Re-
serve of the Ready Reserve after eligibility for regular retire-
ment.’’. 
(e) RETROACTIVE APPLICABILITY.—The amendments 
made by this section shall take effect as of January 1, 2008. 
Subtitle E—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 651. ADDITIONAL EXCEPTION TO LIMITATION ON USE 
OF APPROPRIATED FUNDS FOR DEPARTMENT 
OF DEFENSE GOLF COURSES. 
Section 2491a of title 10, United States Code, is 
amended— 
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219 
(1) by redesignating paragraph (2) of subsection 
(b) as subsection (c) and, in such subsection (as so re-
designated)— 
(A) by inserting ‘‘REGULATIONS.—’’ before 
‘‘The Secretary’’; and 
(B) by striking ‘‘this subsection’’ and in-
serting ‘‘subsection (b)’’; and 
(2) by inserting after paragraph (1) of sub-
section (b) the following new paragraph: 
‘‘(2) Subsection (a) does not apply to the purchase, op-
eration, or maintenance of equipment intended to ensure 
compliance with the Americans With Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.).’’. 
SEC. 652. LIMITATION ON DEPARTMENT OF DEFENSE ENTI-
TIES 
OFFERING 
PERSONAL 
INFORMATION 
SERVICES TO MEMBERS AND THEIR DEPEND-
ENTS. 
(a) IMPOSITION OF LIMITATION.—Subchapter III of 
chapter 147 of title 10, United States Code, is amended by 
inserting after section 2492 the following new section: 
‘‘§ 2492a. Limitation on Department of Defense enti-
ties competing with private sector in offer-
ing personal information services 
‘‘(a) LIMITATION.—Notwithstanding section 2492 of 
this title, the Secretary of Defense may not authorize a De-
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220 
partment of Defense entity to offer or provide personal in-
formation services using Department resources, personnel, 
or equipment, or compete for contracts to provide such per-
sonal information services, if users will be charged a fee 
for the personal information services to recover the cost in-
curred to provide the services or to earn a profit. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply if 
the Secretary of Defense determines that— 
‘‘(1) a private sector vendor is not available to 
provide the personal information services at specific 
locations; or 
‘‘(2) the interests of the user population would be 
best served by allowing the Government to provide 
such services. 
‘‘(c) PERSONAL INFORMATION SERVICES DEFINED.— 
In this section, the term ‘personal information services’ 
means the provision of Internet, telephone, or television 
services to consumers.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by inserting 
after section 2492 the following new item: 
‘‘2492a. Limitation on Department of Defense entities competing with private sec-
tor in offering personal information services.’’. 
(c) EFFECT ON EXISTING CONTRACTS.—Section 2492a 
of title 10, United States Code, as added by subsection (a), 
does not affect the validity or terms of any contract for the 
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221 
provision of personal information services entered into be-
fore the date of the enactment of this Act. 
SEC. 653. REPORT ON IMPACT OF PURCHASING FROM 
LOCAL DISTRIBUTORS ALL ALCOHOLIC BEV-
ERAGES FOR RESALE ON MILITARY INSTAL-
LATIONS ON GUAM. 
(a) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Comptroller Gen-
eral shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report evalu-
ating the impact of reimposing the requirement, effective 
for fiscal year 2008 pursuant to section 8073 of the Depart-
ment of Defense Appropriations Act, 2008 (division A of 
Public Law 110–116; 121 Stat. 1331) but not extended for 
fiscal year 2009, that all alcoholic beverages intended for 
resale on military installations on Guam be purchased from 
local sources. 
(b) EVALUATION REQUIREMENTS.—As part of the re-
port, the Comptroller General shall specifically evaluate the 
following: 
(1) The rationale for and validity of the concerns 
of nonappropriated funds activities over the one-year 
imposition of the local-purchase requirement and the 
impact the requirement had on alcohol resale prices. 
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222 
(2) The justification for the increase in the price 
of alcoholic beverages for resale on military installa-
tions on Guam. 
(3) The actions of the nonappropriated fund ac-
tivities in complying with the local purchase require-
ments for resale of alcoholic beverages and their pur-
chase of such affected products before and after the ef-
fective date of provision of law referred to in sub-
section (a). 
(4) The potential cost savings in transportation 
costs, including use of second destination transpor-
tation funds, accruing from the purchase of alcoholic 
beverages from local distributors on Guam. 
(5) The ability of local distributors on Guam to 
meet demands for stocks of certain alcoholic beverages 
in the event that the local purchase requirement be-
came permanent for Guam. 
(6) The consistency in application of the alcohol 
resale requirement for nonappropriated fund activi-
ties on military installations with regards to Depart-
ment of Defense Instruction 1330.09 (or any successor 
to that instruction) and the methods used to deter-
mine the resale price of alcoholic beverages. 
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223 
Subtitle F—Other Matters 
SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAY-
MENTS OF PAY AND ALLOWANCES ERRO-
NEOUSLY PAID TO MEMBERS. 
(a) MAXIMUM MONTHLY PERCENTAGE OF MEMBER’S 
PAY AUTHORIZED
FOR DEDUCTION.—Paragraph (3) of 
subsection (c) of section 1007 of title 37, United States 
Code, is amended by striking ‘‘20 percent’’ and inserting 
‘‘10 percent’’. 
(b) CONSULTATION REGARDING DEDUCTION OR RE-
PAYMENT TERMS.—Such paragraph is further amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) In all cases described in subparagraph (A), the 
Secretary concerned shall consult with the member regard-
ing the repayment rate to be imposed under such subpara-
graph to recover the indebtedness, taking into account the 
financial ability of the member to pay and avoiding the 
imposition of an undue hardship on the member and the 
member’s dependents.’’. 
(c) DELAY
IN
INSTITUTING
COLLECTIONS
FROM 
WOUNDED OR INJURED MEMBERS.—Paragraph (4) of such 
subsection is amended to read as follows: 
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224 
‘‘(4)(A) If a member of the uniformed services, while 
in the line of duty, is injured or wounded by hostile fire, 
explosion of a hostile mine, or any other hostile action, or 
otherwise incurs a wound, injury, or illness in a combat 
operation or combat zone designated by the President or 
the Secretary of Defense, any overpayment of pay or allow-
ances made to the member while the member recovers from 
the wound, injury, or illness may not be deducted from the 
member’s pay until— 
‘‘(i) the member is notified of the overpayment; 
and 
‘‘(ii) the later of the following occurs: 
‘‘(I) The end of the 180-day period begin-
ning on the date of the completion of the tour of 
duty of the member in the combat operation or 
combat zone. 
‘‘(II) The end of the 90-day period begin-
ning on the date of the reassignment of the mem-
ber from a military treatment facility or other 
medical unit outside of the theater of operations. 
‘‘(B) Subparagraph (A) shall not apply if the member, 
after receiving notification of the overpayment, requests or 
consents to initiation at an earlier date of the collection 
of the overpayment of the pay or allowances.’’. 
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225 
(d) FIVE-YEAR
DEADLINE
ON
SEEKING
REPAY-
MENT.—Such subsection is further amended by adding at 
the end the following new paragraph: 
‘‘(5) The Secretary concerned may not deduct from the 
pay of a member of the uniformed services or otherwise re-
cover, seek to recover, or assist in the recovery from a mem-
ber or former member any overpayment of pay or allow-
ances made to the member through no fault of the member 
unless the Secretary notifies the member of the indebtedness 
before the end of the five-year period beginning on the date 
on which the overpayment was made. If the notice is not 
provided before the end of such period, the Secretary con-
cerned shall cancel the indebtedness of the member to the 
United States.’’. 
(e) EXPANDED DISCRETION REGARDING REMISSION 
OR CANCELLATION OF INDEBTEDNESS.— 
(1) ARMY.—Section 4837(a) of title 10, United 
States Code, is amended by striking ‘‘, but only if the 
Secretary considers such action to be in the best inter-
est of the United States.’’ and inserting ‘‘if the Sec-
retary determines that the person— 
‘‘(1) relies on social security benefits or dis-
ability compensation under this title or title 38 (or 
a combination thereof) for more than half of the per-
son’s annual income; or 
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226 
‘‘(2) would suffer an undue hardship in repay-
ing the indebtedness.’’. 
(2) NAVAL SERVICE.—Section 6161(a) of such 
title is amended by striking ‘‘, but only if the Sec-
retary considers such action to be in the best interest 
of the United States.’’ and inserting ‘‘if the Secretary 
determines that the person— 
‘‘(1) relies on social security benefits or dis-
ability compensation under this title or title 38 (or 
a combination thereof) for more than half of the per-
son’s annual income; or 
‘‘(2) would suffer an undue hardship in repay-
ing the indebtedness.’’. 
(3) AIR FORCE.—Section 9837(a) of such title is 
amended by striking ‘‘, but only if the Secretary con-
siders such action to be in the best interest of the 
United States.’’ and inserting ‘‘if the Secretary deter-
mines that the person— 
‘‘(1) relies on social security benefits or dis-
ability compensation under this title or title 38 (or 
a combination thereof) for more than half of the per-
son’s annual income; or 
‘‘(2) would suffer an undue hardship in repay-
ing the indebtedness.’’. 
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227 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall apply only with respect to an overpayment of 
pay or allowances made to a member of the uniformed serv-
ices after the date of the enactment of this Act. 
SEC. 662. ARMY AUTHORITY TO PROVIDE ADDITIONAL RE-
CRUITMENT INCENTIVES. 
(a) EXTENSION OF AUTHORITY.—Subsection (i) of sec-
tion 681 of the National Defense Authorization Act for Fis-
cal Year 2006 (Public Law 109–163; 119 Stat. 3321) is 
amended by striking ‘‘December 31, 2009’’ and inserting 
‘‘December 31, 2012’’. 
(b) LIMITATION ON USE OF AUTHORITY.—Subsection 
(e) of such section is amended by inserting ‘‘at the same 
time’’ after ‘‘provided’’. 
SEC. 663. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA-
TION RESPITE ABSENCE PROGRAM FOR CER-
TAIN PERIODS BEFORE IMPLEMENTATION OF 
PROGRAM. 
(a) IN GENERAL.—Under regulations prescribed by the 
Secretary of Defense, the Secretary concerned may provide 
any member or former member of the Armed Forces with 
the benefits specified in subsection (b) if the member or 
former member would, on any day during the period begin-
ning on January 19, 2007, and ending on the date of the 
implementation of the Post-Deployment/Mobilization Res-
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228 
pite Absence (PDMRA) program by the Secretary con-
cerned, have qualified for a day of administrative absence 
under the Post-Deployment/Mobilization Respite Absence 
program had the program been in effect during such period. 
(b) BENEFITS.—The benefits authorized under this sec-
tion are the following: 
(1) In the case of an individual who is a former 
member of the Armed Forces at the time of the provi-
sion of benefits under this section, payment of an 
amount not to exceed $200 for each day the indi-
vidual would have qualified for a day of administra-
tive absence as described in subsection (a) during the 
period specified in that subsection. 
(2) In the case of an individual who is a member 
of the Armed Forces at the time of the provision of 
benefits under this section, either one day of adminis-
trative absence or payment of an amount not to ex-
ceed $200, as selected by the Secretary concerned, for 
each day the individual would have qualified for a 
day of administrative absence as described in sub-
section (a) during the period specified in that sub-
section. 
(c) EXCLUSION OF CERTAIN FORMER MEMBERS.—A 
former member of the Armed Forces is not eligible under 
this section for the benefits specified in subsection (b)(1) if 
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229 
the former member was discharged or released from the 
Armed Forces under other than honorable conditions. 
(d) MAXIMUM NUMBER OF DAYS OF BENEFITS.—Not 
more than 40 days of benefits may be provided to a member 
or former member of the Armed Forces under this section. 
(e) FORM OF PAYMENT.—The paid benefits authorized 
under this section may be paid in a lump sum or install-
ments, at the election of the Secretary concerned. 
(f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 
The benefits provided a member or former member of the 
Armed Forces under this section are in addition to any 
other pay, absence, or leave provided by law. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Post-Deployment/Mobilization 
Respite Absence program’’ means the program of a 
military department to provide days of administra-
tive absence not chargeable against available leave to 
certain deployed or mobilized members of the Armed 
Forces in order to assist such members in reinte-
grating into civilian life after deployment or mobili-
zation. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(5) of title 37, 
United States Code. 
(h) TERMINATION.— 
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230 
(1) IN GENERAL.—The authority to provide ben-
efits under this section shall expire on the date that 
is one year after the date of the enactment of this Act. 
(2) CONSTRUCTION.—Expiration under this sub-
section of the authority to provide benefits under this 
section shall not affect the utilization of any day of 
administrative absence provided a member of the 
Armed Forces under subsection (b)(2), or the payment 
of any payment authorized a member or former mem-
ber of the Armed Forces under subsection (b), before 
the expiration of the authority in this section. 
SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR 
COMPENSATION, RETIREMENT, AND OTHER 
MILITARY PERSONNEL PROGRAMS. 
It is the sense of Congress that members of the Armed 
Forces and their families and military retirees deserve on-
going recognition and support for their service and sac-
rifices on behalf of the United States, and Congress will 
continue to be vigilant in identifying appropriate direct 
spending offsets that can be used to address shortcoming 
within those military personnel programs that incur man-
datory spending obligations. 
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231 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. Prohibition on conversion of military medical and dental positions to 
civilian medical and dental positions. 
Sec. 702. Chiropractic health care for members on active duty. 
Sec. 703. Expansion of survivor eligibility under TRICARE dental program. 
Sec. 704. TRICARE standard coverage for certain members of the Retired Reserve 
who are qualified for a non-regular retirement but are not yet 
age 60. 
Sec. 705. Cooperative health care agreements between military installations and 
non-military health care systems. 
Sec. 706. Health care for members of the reserve components. 
Sec. 707. National casualty care research center. 
Subtitle B—Reports 
Sec. 711. Report on post-traumatic stress disorder efforts. 
Sec. 712. Report on the feasibility of TRICARE Prime in certain commonwealths 
and territories of the United States. 
Sec. 713. Report on the health care needs of military family members. 
Sec. 714. Report on stipends for members of reserve components for health care 
for certain dependents. 
Sec. 715. Report on the required number of military mental health providers. 
Subtitle A—Improvements to Health 
Benefits 
SEC. 701. PROHIBITION ON CONVERSION OF MILITARY 
MEDICAL AND DENTAL POSITIONS TO CIVIL-
IAN MEDICAL AND DENTAL POSITIONS. 
(a) PROHIBITION.—The Secretary of a military de-
partment may not convert any military medical or dental 
position to a civilian medical or dental position on or after 
October 1, 2007. 
(b) RESTORATION OF CERTAIN POSITIONS TO MILI-
TARY POSITIONS.—In the case of any military medical or 
dental position that is converted to a civilian medical or 
dental position during the period beginning on October 1, 
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232 
2004, and ending on September 30, 2008, if the position 
is not filled by a civilian by September 30, 2008, the Sec-
retary of the military department concerned shall restore 
the position to a military medical or dental position that 
may be filled only by a member of the Armed Forces who 
is a health professional. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘military medical or dental posi-
tion’’ means a position for the performance of health 
care functions (or coded to work within a military 
treatment facility) within the Armed Forces held by 
a member of the Armed Forces. 
(2) The term ‘‘civilian medical or dental posi-
tion’’ means a position for the performance of health 
care functions within the Department of Defense held 
by an employee of the Department or of a contractor 
of the Department. 
(3) The term ‘‘conversion’’, with respect to a 
military medical or dental position, means a change 
of the position to a civilian medical or dental posi-
tion, effective as of the date of the manning authoriza-
tion document of the military department making the 
change (through a change in designation from mili-
tary to civilian in the document, the elimination of 
the listing of the position as a military position in 
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233 
the document, or through any other means indicating 
the change in the document or otherwise). 
(d) REPEAL.—Section 721 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110–181; 
122 Stat. 198; 10 U.S.C. 129c note) is repealed. 
SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON 
ACTIVE DUTY. 
(a) REQUIREMENT FOR CHIROPRACTIC CARE.—Sub-
ject to such regulations as the Secretary of Defense may pre-
scribe, the Secretary shall provide chiropractic services for 
members of the uniformed services who are entitled to care 
under section 1074(a) of title 10, United States Code. Such 
chiropractic services may be provided only by a doctor of 
chiropractic. 
(b) DEMONSTRATION PROJECTS.—The Secretary of 
Defense may conduct one or more demonstration projects 
to provide chiropractic services to deployed members of the 
uniformed services. Such chiropractic services may be pro-
vided only by a doctor of chiropractic. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘chiropractic services’’— 
(A) includes diagnosis (including by diag-
nostic X-ray tests), evaluation and management, 
and therapeutic services for the treatment of a 
patient’s health condition, including neuro-
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234 
musculoskeletal conditions and the subluxation 
complex, and such other services determined ap-
propriate by the Secretary and as authorized 
under State law; and 
(B) does not include the use of drugs or sur-
gery. 
(2) The term ‘‘doctor of chiropractic’’ means only 
a doctor of chiropractic who is licensed as a doctor 
of chiropractic, chiropractic physician, or chiro-
practor by a State, the District of Columbia, or a ter-
ritory or possession of the United States. 
SEC. 703. EXPANSION OF SURVIVOR ELIGIBILITY UNDER 
TRICARE DENTAL PROGRAM. 
Paragraph (3) of section 1076a(k) of title 10, United 
States Code, is amended to read as follows: 
‘‘(3) Such term does not include a dependent by reason 
of paragraph (2) after the end of the three-year period be-
ginning on the date of the member’s death, except that, in 
the case of a dependent of the deceased who is described by 
subparagraph (D) or (I) of section 1072(2) of this title, the 
period of continued eligibility shall be the longer of the fol-
lowing periods beginning on such date: 
‘‘(A) Three years. 
‘‘(B) The period ending on the date on which 
such dependent attains 21 years of age. 
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235 
‘‘(C) In the case of such dependent who, at 21 
years of age, is enrolled in a full-time course of study 
in a secondary school or in a full-time course of study 
in an institution of higher education approved by the 
administering Secretary and was, at the time of the 
member’s death, in fact dependent on the member for 
over one-half of such dependent’s support, the period 
ending on the earlier of the following dates: 
‘‘(i) The date on which such dependent 
ceases to pursue such a course of study, as deter-
mined by the administering Secretary. 
‘‘(ii) The date on which such dependent at-
tains 23 years of age.’’. 
SEC. 704. TRICARE STANDARD COVERAGE FOR CERTAIN 
MEMBERS OF THE RETIRED RESERVE WHO 
ARE QUALIFIED FOR A NON-REGULAR RE-
TIREMENT BUT ARE NOT YET AGE 60. 
(a) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1076d 
the following new section: 
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236 
‘‘§ 1076e. TRICARE program: TRICARE standard cov-
erage for certain members of the Retired 
Reserve who are qualified for a non-reg-
ular retirement but are not yet age 60 
‘‘(a) ELIGIBILITY.—(1) Except as provided in para-
graph (2), a member of the Retired Reserve of a reserve com-
ponent of the armed forces who is qualified for a non-reg-
ular retirement at age 60 under chapter 1223 of this title, 
but is not age 60, is eligible for health benefits under 
TRICARE Standard as provided in this section. 
‘‘(2) Paragraph (1) does not apply to a member who 
is enrolled, or is eligible to enroll, in a health benefits plan 
under chapter 89 of title 5. 
‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAINING 
OTHER TRICARE STANDARD COVERAGE.—Eligibility for 
TRICARE Standard coverage of a member under this sec-
tion shall terminate upon the member becoming eligible for 
TRICARE Standard coverage at age 60 under section 1086 
of this title. 
‘‘(c) FAMILY MEMBERS.—While a member of a reserve 
component is covered by TRICARE Standard under this 
section, the members of the immediate family of such mem-
ber are eligible for TRICARE Standard coverage as depend-
ents of the member. If a member of a reserve component 
dies while in a period of coverage under this section, the 
eligibility of the members of the immediate family of such 
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237 
member for TRICARE Standard coverage under this sec-
tion shall continue for the same period of time that would 
be provided under section 1086 of this title if the member 
had been eligible at the time of death for TRICARE Stand-
ard coverage under such section (instead of under this sec-
tion). 
‘‘(d) PREMIUMS.—(1) A member of a reserve compo-
nent covered by TRICARE Standard under this section 
shall pay a premium for that coverage. 
‘‘(2) The Secretary of Defense shall prescribe for the 
purposes of this section one premium for TRICARE Stand-
ard coverage of members without dependents and one pre-
mium for TRICARE Standard coverage of members with 
dependents referred to in subsection (f)(1). The premium 
prescribed for a coverage shall apply uniformly to all cov-
ered members of the reserve components covered under this 
section. 
‘‘(3) The monthly amount of the premium in effect for 
a month for TRICARE Standard coverage under this sec-
tion shall be the amount equal to the cost of coverage that 
the Secretary determines on an appropriate actuarial basis. 
‘‘(4) The Secretary shall prescribe the requirements 
and procedures applicable to the payment of premiums 
under this subsection. 
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238 
‘‘(5) Amounts collected as premiums under this sub-
section shall be credited to the appropriation available for 
the Defense Health Program Account under section 1100 
of this title, shall be merged with sums in such Account 
that are available for the fiscal year in which collected, and 
shall be available under subsection (b) of such section for 
such fiscal year. 
‘‘(e) REGULATIONS.—The Secretary of Defense, in con-
sultation with the other administering Secretaries, shall 
prescribe regulations for the administration of this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘immediate family’, with respect 
to a member of a reserve component, means all of the 
member’s dependents described in subparagraphs (A), 
(D), and (I) of section 1072(2) of this title. 
‘‘(2) The term ‘TRICARE Standard’ means— 
‘‘(A) medical care to which a dependent de-
scribed in section 1076(a)(2) of this title is enti-
tled; and 
‘‘(B) health benefits contracted for under the 
authority of section 1079(a) of this title and sub-
ject to the same rates and conditions as apply to 
persons covered under that section.’’. 
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239 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1076d the following new item: 
‘‘1076e. TRICARE program: TRICARE standard coverage for certain members of 
the Retired Reserve who are qualified for a non-regular retire-
ment but are not yet age 60.’’. 
(c) EFFECTIVE DATE.—Section 1076e of title 10, 
United States Code, as inserted by subsection (a), shall 
apply to coverage for months beginning on or after October 
1, 2009, or such earlier date as the Secretary of Defense 
may specify. 
SEC. 705. COOPERATIVE HEALTH CARE AGREEMENTS BE-
TWEEN MILITARY INSTALLATIONS AND NON- 
MILITARY HEALTH CARE SYSTEMS. 
(a) AUTHORITY.—The Secretary of Defense may estab-
lish cooperative health care agreements between military in-
stallations and local or regional health care systems. 
(b) REQUIREMENTS.—In establishing such agreements, 
the Secretary shall— 
(1) consult with— 
(A) the Secretaries of the military depart-
ments; 
(B) representatives from the military instal-
lation selected for the agreement, including the 
TRICARE managed care support contractor 
with responsibility for such installation; and 
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240 
(C) Federal, State, and local government of-
ficials; 
(2) identify and analyze health care services 
available in the area in which the military installa-
tion is located, including such services available at a 
military medical treatment facility or in the private 
sector (or a combination thereof); 
(3) determine the cost avoidance or savings re-
sulting from innovative partnerships between the De-
partment of Defense and the private sector; and 
(4) determine the opportunities for and barriers 
to coordinating and leveraging the use of existing 
health care resources, including such resources of Fed-
eral, State, local, and private entities. 
(c) ANNUAL REPORTS.—Not later than December 31 
of each year an agreement entered into under this section 
is in effect, the Secretary shall submit to the congressional 
defense committees a report on each such agreement. Each 
report shall include, at a minimum, the following: 
(1) A description of the agreement. 
(2) Any cost avoidance, savings, or increases as 
a result of the agreement. 
(3) A recommendation for continuing or ending 
the agreement. 
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241 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as authorizing the provision of health 
care services at military medical treatment facilities or 
other facilities of the Department of Defense to individuals 
who are not otherwise entitled or eligible for such services 
under chapter 55 of title 10, United States Code. 
SEC. 706. HEALTH CARE FOR MEMBERS OF THE RESERVE 
COMPONENTS. 
(a) IN GENERAL.—Subsection (d) of section 1074 of 
title 10, United States Code, is amended to read as follows: 
‘‘(d)(1) For the purposes of this chapter, a member of 
a reserve component of the armed forces who is issued or 
covered by a delayed-effective-date active-duty order or an 
official notification shall be treated as being on active duty 
for a period of more than 30 days beginning on the later 
of the following dates: 
‘‘(A) The earlier of the date that is— 
‘‘(i) the date of the issuance of such order; 
or 
‘‘(ii) the date of the issuance of such official 
notification. 
‘‘(B) The date that is 180 days before the date 
on which the period of active duty is to commence 
under such order or official notification for that mem-
ber. 
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‘‘(2) In this subsection: 
‘‘(A) The term ‘delayed-effective-date active-duty 
order’ means an order to active duty for a period of 
more than 30 days in support of a contingency oper-
ation under a provision of law referred to in section 
101(a)(13)(B) of this title that provides for active- 
duty service to begin under such order on a date after 
the date of the issuance of the order 
‘‘(B) The term ‘official notification’ means a 
memorandum from the Secretary concerned that noti-
fies a unit or a member of a reserve component of the 
armed forces that such unit or member shall receive 
a delayed-effective-date active-duty order.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply with respect to a delayed-effective-date 
active-duty order or official notification issued on or after 
the date of the enactment of this Act. 
SEC. 707. NATIONAL CASUALTY CARE RESEARCH CENTER. 
(a) DESIGNATION.—Not later than October 1, 2010, the 
Secretary of Defense shall designate a center to be known 
as the ‘‘National Casualty Care Research Center’’ (in this 
section referred to as the ‘‘Center’’), which shall consist of 
the program known as combat casualty care of the Army 
Medical Research and Materiel Command. 
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