258 
Subtitle D—Military Justice and 
Legal Assistance Matters 
SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES 
OF THE FEDERAL GOVERNMENT AND DE-
PENDENTS OF DECEASED MEMBERS AS ELI-
GIBLE FOR LEGAL ASSISTANCE FROM DE-
PARTMENT OF DEFENSE LEGAL STAFF RE-
SOURCES. 
Section 1044(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graphs: 
‘‘(6) Survivors of a deceased member or former 
member described in paragraphs (1), (2), (3), and 
(4) who were dependents of the member or former 
member at the time of the death of the member or 
former member, except that the eligibility of such 
survivors shall be determined pursuant to regula-
tions prescribed by the Secretary concerned. 
‘‘(7) Civilian employees of the Federal Govern-
ment serving in locations where legal assistance from 
non-military legal assistance providers is not reason-
ably available, except that the eligibility of civilian 
employees shall be determined pursuant to regula-
tions prescribed by the Secretary concerned.’’.
259 
SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES 
COURT 
OF 
APPEALS 
FOR 
THE 
ARMED 
FORCES TO ADMINISTER OATHS. 
Section 936 of title 10, United States Code (article 
136 of the Uniform Code of Military Justice), is amended 
by adding at the end the following new subsection: 
‘‘(c) The judges of the United States Court of Ap-
peals for the Armed Forces may administer the oaths au-
thorized by subsections (a) and (b).’’. 
SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR 
MEMBERS OF THE JUDGE ADVOCATE GEN-
ERALS’ CORPS. 
(a) DEPARTMENT OF THE ARMY.— 
(1) GRADE OF JUDGE ADVOCATE GENERAL.— 
Subsection (a) of section 3037 of title 10, United 
States Code, is amended by striking the third sen-
tence and inserting the following new sentence: ‘‘The 
Judge Advocate General, while so serving, has the 
grade of lieutenant general.’’. 
(2) REDESIGNATION OF ASSISTANT JUDGE AD-
VOCATE
GENERAL
AS
DEPUTY
JUDGE
ADVOCATE 
GENERAL.—Such section is further amended— 
(A) in subsection (a), by striking ‘‘Assist-
ant Judge Advocate General’’ each place it ap-
pears and inserting ‘‘Deputy Judge Advocate 
General’’; and
260 
(B) in subsection (d), by striking ‘‘Assist-
ant Judge Advocate General’’ and inserting 
‘‘Deputy Judge Advocate General’’. 
(3) CLERICAL AMENDMENTS.—(A) The heading 
of such section is amended to read as follows: 
‘‘§ 3037. Judge Advocate General, Deputy Judge Ad-
vocate General, and general officers of 
Judge Advocate General’s Corps: appoint-
ment; duties’’. 
(B) The table of sections at the beginning of 
chapter 305 of such title is amended by striking the 
item relating to section 3037 and inserting the fol-
lowing new item: 
‘‘3037. Judge Advocate General, Deputy Judge Advocate General, and general 
officers of Judge Advocate General’s Corps: appointment; du-
ties.’’. 
(b) GRADE OF JUDGE ADVOCATE GENERAL OF THE 
NAVY.—Section 5148(b) of such title is amended by strik-
ing the last sentence and inserting the following new sen-
tence: ‘‘The Judge Advocate General, while so serving, has 
the grade of vice admiral or lieutenant general, as appro-
priate.’’. 
(c) GRADE OF JUDGE ADVOCATE GENERAL OF THE 
AIR FORCE.—Section 8037(a) of such title is amended by 
striking the last sentence and inserting the following new 
sentence: ‘‘The Judge Advocate General, while so serving, 
has the grade of lieutenant general.’’.
261 
(d) INCREASE IN NUMBER OF OFFICERS SERVING IN 
GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.— 
Section 525(b) of such title is amended in paragraphs (1) 
and (2)(A) by striking ‘‘15.7 percent’’ each place it ap-
pears and inserting ‘‘16.3 percent’’. 
(e) LEGAL COUNSEL TO CHAIRMAN OF THE JOINT 
CHIEFS OF STAFF.— 
(1) IN GENERAL.—Chapter 5 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 156. Legal Counsel to the Chairman of the Joint 
Chiefs of Staff 
‘‘(a) IN GENERAL.—There is a Legal Counsel to the 
Chairman of the Joint Chiefs of Staff. 
‘‘(b) SELECTION FOR APPOINTMENT.—Under regula-
tions prescribed by the Secretary of Defense, the officer 
selected for appointment to serve as Legal Counsel to the 
Chairman of the Joint Chiefs of Staff shall be rec-
ommended by a board of officers convened by the Sec-
retary of Defense that, insofar as practicable, is subject 
to the procedures applicable to selection boards convened 
under chapter 36 of this title. 
‘‘(c) GRADE.—An officer appointed to serve as Legal 
Counsel to the Chairman of the Joint Chiefs of Staff shall,
262 
while so serving, hold the grade of brigadier general or 
rear admiral (lower half). 
‘‘(d) DUTIES.—The Legal Counsel of the Chairman 
of the Joint Chiefs of Staff shall perform such legal duties 
in support of the responsibilities of the Chairman of the 
Joint Chiefs of Staff as the Chairman may prescribe.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 5 of such title is 
amended by adding at the end the following new 
item: 
‘‘156. Legal Counsel to the Chairman of the Joint Chiefs of Staff’’. 
(f) STRATEGIC PLAN TO LINK GENERAL AND FLAG 
OFFICER NUMBERS, ASSIGNMENTS, AND DEVELOPMENT 
TO THE MISSIONS AND REQUIREMENTS OF THE DEPART-
MENT OF DEFENSE.— 
(1) STRATEGIC
PLAN
REQUIRED.—The Sec-
retary of Defense shall develop a strategic plan link-
ing the missions and requirements of the Depart-
ment of Defense for general and flag officers to the 
statutory limits on the numbers of general and flag 
officers, and current assignment, promotion, and 
joint officer development policies for general and 
flag officers. 
(2) ADVICE OF CHAIRMAN OF JOINT CHIEFS OF 
STAFF.—The Secretary shall develop the strategic
263 
plan required under paragraph (1) with the advice 
of the Chairman of the Joint Chiefs of Staff. 
(3) MATTERS TO BE INCLUDED.—The strategic 
plan required under paragraph (1) shall include the 
following: 
(A) A description of the process for identi-
fication of the present and emerging require-
ments for general and flag officers and rec-
ommendations for meeting these requirements. 
(B) Identification of the numbers of gen-
eral and flag officers by service, grade, and 
qualifications currently available compared with 
the numbers needed to meet existing statutory 
requirements in support of the overall missions 
of the Department of Defense. 
(C) An assessment of the problems or 
issues (and proposed solutions for any such 
problems or issues) arising from existing nu-
merical limitations on the number and grade 
distribution of active and reserve component 
general and flag officers under sections 525, 
526, and 12004 of title 10, United States Code. 
(D) A discussion of how wartime require-
ments for additional general or flag officers 
have been addressed in support of Operation
264 
Enduring Freedom and Operation Iraqi Free-
dom, including the usage of wartime or national 
emergency authorities. 
(E) An assessment of any problems or 
issues (and proposed solutions for any such 
problems or issues) arising from existing statu-
tory provisions regarding general and flag offi-
cer assignments and grade requirements and 
the need, if any, for revision of provisions in 
title 10, United States Code, specific to indi-
vidual general and flag officer positions along 
with recommendations to mitigate the need for 
routine legislative intervention as positions 
change to support organizational demands. 
(F) An assessment of the use currently 
being made of reserve component flag and gen-
eral officers and discussion of barriers to the 
qualification, selection, and assignment of Na-
tional Guard and Reserve officers for the broad-
est possible range of positions of importance 
and responsibility. 
(4) DEADLINE
FOR
SUBMISSION.—The Sec-
retary shall submit the plan required under para-
graph (1) to the Committees on Armed Services of
265 
the Senate and the House of Representatives not 
later than March 1, 2009. 
SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED 
FORCES 
PARTICIPATING 
IN 
CRIMINAL 
STREET GANGS. 
The Secretary of Defense shall prescribe regulations 
to prohibit the active participation by members of the 
Armed Forces in a criminal street gang. 
Subtitle E—Military Leave 
SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF 
ACCUMULATED LEAVE FOR MEMBERS OF 
THE ARMED FORCES. 
(a) TEMPORARY INCREASE IN ACCUMULATED LEAVE 
CARRYOVER AMOUNT.—Section 701 of title 10, United 
States Code, is amended— 
(1) in subsection (b), by striking ‘‘subsection (f) 
and subsection (g)’’ and inserting ‘‘subsections (d), 
(f), and (g)’’; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) Notwithstanding subsection (b), during the pe-
riod beginning on October 1, 2008, through December 31, 
2010, a member may accumulate up to 75 days of leave.’’.
266 
(b) CONFORMING AMENDMENTS RELATED TO HIGH 
DEPLOYMENT MEMBERS.—Subsection (f) of such section 
is amended— 
(1) in paragraph (1)(A), by striking ‘‘any accu-
mulated leave in excess of 60 days at the end of the 
fiscal year’’ and inserting ‘‘at the end of the fiscal 
year any accumulated leave in excess of the number 
of days of leave authorized to be accumulated under 
subsection (b) or (d)’’; 
(2) in paragraph (1)(C)— 
(A) by striking ‘‘60 days’’ and inserting 
‘‘the days of leave authorized to be accumulated 
under subsection (b) or (d) that are’’; and 
(B) by inserting ‘‘(or fourth fiscal year, if 
accumulated while subsection (d) is in effect)’’ 
after ‘‘third fiscal year’’; and 
(3) in paragraph (2), by striking ‘‘except for 
this paragraph—’’ and all that follows through the 
end of the paragraph and inserting ‘‘except for this 
paragraph, would lose at the end of that fiscal year 
any accumulated leave in excess of the number of 
days of leave authorized to be accumulated under 
subsection (b) or (d), shall be permitted to retain 
such leave until the end of the second fiscal year
267 
after the fiscal year in which such service on active 
duty is terminated.’’. 
(c) CONFORMING AMENDMENT RELATED TO MEM-
BERS IN MISSING STATUS.—Subsection (g) of such sec-
tion is amended by striking ‘‘60-day limitation in sub-
section (b) and the 90-day limitation in subsection (f)’’ 
and inserting ‘‘limitations in subsections (b), (d), and (f)’’. 
(d) PAY.—Section 501(b) of title 37, United States 
Code, is amended by adding at the end the following new 
paragraph: 
‘‘(6) An enlisted member of the armed forces who 
would lose accumulated leave in excess of 120 days of 
leave under section 701(f)(1) of title 10 may elect to be 
paid in cash or by a check on the Treasurer of the United 
States for any leave in excess so accumulated for up to 
30 days of such leave. A member may make an election 
under this paragraph only once.’’. 
SEC. 552. ENHANCEMENT OF REST AND RECUPERATION 
LEAVE. 
Section 705(b)(2) of title 10, United States Code, is 
amended by inserting ‘‘for members whose qualifying tour 
of duty is 12 months or less, or for not more than 20 
days for members whose qualifying tour of duty is longer 
than 12 months,’’ after ‘‘for not more than 15 days’’.
268 
Subtitle F—Decorations and 
Awards 
SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL OF HONOR TO LESLIE H. SABO, JR., 
FOR ACTS OF VALOR DURING THE VIETNAM 
WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations 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 Leslie H. Sabo, Jr., 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 Leslie H. 
Sabo, Jr., on May 10, 1970, as a member of the United 
States Army serving in the grade of Specialist Four in 
the Republic of Vietnam with Company B of the 3d Bat-
talion, 506th Infantry Regiment, 101st Airborne Division. 
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL OF HONOR TO HENRY SVEHLA FOR 
ACTS OF VALOR DURING THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations specified in section 3744 of title 10, United States
269 
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 Henry Svehla for the acts of valor described in 
subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Henry 
Svehla on June 12, 1952, as a member of the United 
States Army serving in the grade of Private First Class 
in Korea with Company F of the 32d Infantry Regiment, 
7th Infantry Division. 
SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL OF HONOR TO WOODROW W. KEEBLE 
FOR ACTS OF VALOR DURING THE KOREAN 
WAR. 
(a) WAIVER
OF
TIME
LIMITATIONS.—Notwith-
standing the time limitations 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 author-
ized and requested to award the Medal of Honor under 
section 3741 of such title to Woodrow W. Keeble for the 
acts of valor described in subsection (b).
270 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Woodrow 
W. Keeble of the United States Army as an acting platoon 
leader on October 20, 1950, during the Korean War. 
SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL OF HONOR TO PRIVATE PHILIP G. 
SHADRACH FOR ACTS OF VALOR AS ONE OF 
ANDREWS’ RAIDERS DURING THE CIVIL WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations 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 posthumously to Private Philip G. Shadrach of Com-
pany K, 2nd Ohio Volunteer Infantry Regiment for the 
acts of valor described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Philip G. 
Shadrach as one of Andrews’ Raiders during the Civil War 
on April 12, 1862.
271 
SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL OF HONOR TO PRIVATE GEORGE D. 
WILSON FOR ACTS OF VALOR AS ONE OF AN-
DREWS’ RAIDERS DURING THE CIVIL WAR. 
(a) AUTHORIZATION.—The President is authorized 
and requested to award the Medal of Honor under section 
3741 of title 10, United States Code, posthumously to Pri-
vate George D. Wilson of Company B, 2nd Ohio Volunteer 
Infantry Regiment for the acts of valor described in sub-
section (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of George D. 
Wilson as one of Andrews’ Raiders during the Civil War 
on April 12, 1862. 
Subtitle G—Impact Aid and De-
fense 
Dependents 
Education 
System 
SEC. 571. 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 pursuant to section 
301(5) for operation and maintenance for Defense-wide
272 
activities, $30,000,000 shall be available only for the pur-
pose of providing assistance to local educational agencies 
under subsection (a) of section 572 of the National De-
fense 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 pursuant to section 301(5) for 
operation and maintenance for Defense-wide activities, 
$10,000,000 shall be available only for the purpose of pro-
viding assistance to local educational agencies under sub-
section (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 
this section, the term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)). 
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES. 
Of the amount authorized to be appropriated pursu-
ant to section 301(5) for operation and maintenance for 
Defense-wide activities, $5,000,000 shall be available for 
payments under section 363 of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 (as
273 
enacted into law by Public Law 106–398; 114 Stat. 
1654A–77; 20 U.S.C. 7703a). 
SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPART-
MENT OF DEFENSE EMPLOYEES EMPLOYED 
ON FEDERAL PROPERTY IN PLAN RELATING 
TO FORCE STRUCTURE CHANGES, RELOCA-
TION OF MILITARY UNITS, OR BASE CLO-
SURES AND REALIGNMENTS. 
Section 574(e)(3) of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 120 Stat. 2227; 20 U.S.C. 7703b note) is 
amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) elementary and secondary school stu-
dents who are dependents of personnel who are 
not members of the Armed Forces or civilian 
employees of the Department of Defense but 
who are employed on Federal property.’’.
274 
SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUI-
TION FOR MILITARY DEPENDENTS IN OVER-
SEAS AREAS NOT SERVED BY DEFENSE DE-
PENDENTS’ EDUCATION SYSTEM SCHOOLS. 
Section 1407(b)(1) of the Defense Dependents’ Edu-
cation Act of 1978 (20 U.S.C. 926(b)(1)) is amended by 
inserting after the first sentence the following new sen-
tence: ‘‘Schools to which tuition may be paid under this 
subsection may include private boarding schools in the 
United States.’’. 
Subtitle H—Military Families 
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY 
READINESS 
COUNCIL 
AND 
POLICY 
AND 
PLANS FOR MILITARY FAMILY READINESS. 
(a) IN GENERAL.—Subchapter I of chapter 88 of title 
10, United States Code, is amended by inserting after sec-
tion 1781 the following new sections: 
‘‘§ 1781a. Department of Defense Military Family 
Readiness Council 
‘‘(a) IN GENERAL.—There is in the Department of 
Defense the Department of Defense Military Family 
Readiness Council (in this section referred to as the 
‘Council’). 
‘‘(b) MEMBERS.—(1) The Council shall consist of the 
following members:
275 
‘‘(A) The Under Secretary of Defense for Per-
sonnel and Readiness, who shall serve as chair of the 
Council. 
‘‘(B) One representative of each of the Army, 
Navy, Marine Corps, and Air Force, who shall be 
appointed by the Secretary of Defense. 
‘‘(C) Three individuals appointed by the Sec-
retary of Defense from among representatives of 
military family organizations, including military 
family organizations of families of members of the 
regular components and of families of members of 
the reserve components. 
‘‘(D) In addition to the representatives ap-
pointed under subparagraph (B), the senior enlisted 
advisors of the Army, Navy, Marine Corps, and Air 
Force, or the spouse of a senior enlisted member 
from each of the Army, Navy, Marine Corps, and 
Air Force. 
‘‘(2) The term on the Council of the members ap-
pointed under paragraph (1)(C) shall be three years. 
‘‘(c) MEETINGS.—The Council shall meet not less 
often than twice each year. 
‘‘(d) DUTIES.—The duties of the Council shall in-
clude the following:
277 
tion of funding and other resources to and among 
such programs and activities. 
‘‘§ 1781b. Department of Defense policy and plans for 
military family readiness 
‘‘(a) POLICY AND PLANS REQUIRED.—The Secretary 
of Defense shall develop a policy and plans for the Depart-
ment of Defense for the support of military family readi-
ness. 
‘‘(b) PURPOSES.—The purposes of the policy and 
plans required under subsection (a) are as follows: 
‘‘(1) To ensure that the military family readi-
ness programs and activities of the Department of 
Defense are comprehensive, effective, and properly 
supported. 
‘‘(2) To ensure that support is continuously 
available to military families in peacetime and in 
war, as well as during periods of force structure 
change and relocation of military units. 
‘‘(3) To ensure that the military family readi-
ness programs and activities of the Department of 
Defense are available to all military families, includ-
ing military families of members of the regular com-
ponents and military families of members of the re-
serve components.
278 
‘‘(4) To make military family readiness an ex-
plicit element of applicable Department of Defense 
plans, programs, and budgeting activities, and that 
achievement of military family readiness is expressed 
through Department-wide goals that are identifiable 
and measurable. 
‘‘(5) To ensure that the military family readi-
ness programs and activities of the Department of 
Defense undergo continuous evaluation in order to 
ensure that resources are allocated and expended for 
such programs and activities to achieve Department- 
wide family readiness goals. 
‘‘(c) ELEMENTS OF POLICY.—The policy required 
under subsection (a) shall include the following elements: 
‘‘(1) A list of military family readiness pro-
grams and activities. 
‘‘(2) Department of Defense-wide goals for mili-
tary family support, including joint programs, both 
for military families of members of the regular com-
ponents and military families of members of the re-
serve components. 
‘‘(3) Policies on access to military family sup-
port programs and activities based on military fam-
ily populations served and geographical location.
279 
‘‘(4) Metrics to measure the performance and 
effectiveness of the military family readiness pro-
grams and activities of the Department of Defense. 
‘‘(5) A summary, by fiscal year, of the alloca-
tion of funds (including appropriated funds and non-
appropriated funds) for major categories of military 
family readiness programs and activities of the De-
partment of Defense, set forth for each of the mili-
tary departments and for the Office of the Secretary 
of Defense. 
‘‘(d) ANNUAL REPORT.—Not later than March 1, 
2008, and each year thereafter, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the plans required under subsection (a) for the 
five-fiscal year period beginning with the fiscal year in 
which the report is submitted. Each report shall include 
the plans covered by the report and an assessment of the 
discharge by the Department of Defense of the previous 
plans submitted under this section.’’. 
(b) REPORT ON MILITARY FAMILY READINESS POL-
ICY.—Not later than February 1, 2009, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report setting forth the policy developed under sec-
tion 1781b of title 10, United States Code, as added by 
subsection (a).
280 
(c) SURVEYS OF MILITARY FAMILIES.—Section 1782 
of title 10, United States Code, is amended by adding at 
the end the following new subsection: 
‘‘(d) SURVEY REQUIRED FOR FISCAL YEAR 2010.— 
Notwithstanding subsection (a), during fiscal year 2010, 
the Secretary of Defense shall conduct a survey otherwise 
authorized under such subsection. Thereafter, additional 
surveys may be conducted not less often than once every 
three fiscal years.’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter I of chapter 88 of such 
title is amended by inserting after the item relating to sec-
tion 1781 the following new items: 
‘‘1781a. Department of Defense Military Family Readiness Council. 
‘‘1781b. Department of Defense policy and plans for military family readiness.’’. 
SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Defense shall establish a national combat veteran re-
integration program to provide National Guard and Re-
serve members and their families with sufficient informa-
tion, services, referral, and proactive outreach opportuni-
ties throughout the entire deployment cycle. This program 
shall be known as the Yellow Ribbon Reintegration Pro-
gram. 
(b) PURPOSE OF PROGRAM; DEPLOYMENT CYCLE.— 
The Yellow Ribbon Reintegration Program shall consist
281 
of informational events and activities for members of the 
reserve components of the Armed Forces, their families, 
and community members to facilitate access to services 
supporting their health and well-being through the 4 
phases of the deployment cycle: 
(1) Pre-Deployment. 
(2) Deployment. 
(3) Demobilization. 
(4) Post-Deployment-Reconstitution. 
(c) EXECUTIVE AGENT.—The Secretary shall des-
ignate the Under Secretary of Defense for Personnel and 
Readiness as the Department of Defense executive agent 
for the Yellow Ribbon Reintegration Program. 
(d) OFFICE FOR REINTEGRATION PROGRAMS.— 
(1) ESTABLISHMENT.—The Under Secretary of 
Defense for Personnel and Readiness shall establish 
the Office for Reintegration Programs within the Of-
fice of the Secretary of Defense. The office shall ad-
minister all reintegration programs in coordination 
with State National Guard organizations. The office 
shall be responsible for coordination with existing 
National Guard and Reserve family and support pro-
grams. The Directors of the Army National Guard 
and Air National Guard and the Chiefs of the Army 
Reserve, Marine Corps Reserve, Navy Reserve, and
282 
Air Force Reserve may appoint liaison officers to co-
ordinate with the permanent office staff. The office 
may also enter into partnerships with other public 
entities, including the Department of Health and 
Human Services, Substance Abuse and the Mental 
Health Services Administration, for access to nec-
essary substance abuse and mental health treatment 
services from local State-licensed service providers. 
(2) CENTER FOR EXCELLENCE IN REINTEGRA-
TION.—The Office for Reintegration Programs shall 
establish a Center for Excellence in Reintegration 
within the office. The Center shall collect and ana-
lyze ‘‘lessons learned’’ and suggestions from State 
National Guard and Reserve organizations with ex-
isting or developing reintegration programs. The 
Center shall also assist in developing training aids 
and briefing materials and training representatives 
from State National Guard and Reserve organiza-
tions. 
(e) ADVISORY BOARD.— 
(1) APPOINTMENT.—The Secretary of Defense 
shall appoint an advisory board to analyze the Yel-
low Ribbon Reintegration Program and report on 
areas of success and areas for necessary improve-
ments. The advisory board shall include the Director
283 
of the Army National Guard, the Director of the Air 
National Guard, Chiefs of the Army Reserve, Marine 
Corps Reserve, Navy Reserve, and Air Force Re-
serve, the Assistant Secretary of Defense for Reserve 
Affairs, an Adjutant General on a rotational basis as 
determined by the Chief of the National Guard Bu-
reau, and any other Department of Defense, Federal 
Government agency, or outside organization as de-
termined by the Secretary of Defense. The members 
of the advisory board may designate representatives 
in their stead. 
(2) SCHEDULE.—The advisory board shall meet 
on a schedule determined by the Secretary of De-
fense. 
(3) INITIAL
REPORTING
REQUIREMENT.—The 
advisory board shall issue internal reports as nec-
essary and shall submit an initial report to the Com-
mittees on Armed Services of the Senate and House 
of Representatives not later than 180 days after the 
end of the 1-year period beginning on the date of the 
establishment of the Office for Reintegration Pro-
grams. The report shall contain— 
(A) an evaluation of the implementation of 
the Yellow Ribbon Reintegration Program by
284 
State National Guard and Reserve organiza-
tions; 
(B) an assessment of any unmet resource 
requirements; and 
(C) recommendations regarding closer co-
ordination between the Office of Reintegration 
Programs and State National Guard and Re-
serve organizations. 
(4) ANNUAL
REPORTS.—The advisory board 
shall submit annual reports to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives following the initial report by the first 
week in March of subsequent years following the ini-
tial report. 
(f) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.— 
The Office for Reintegration Programs may employ per-
sonnel to administer the Yellow Ribbon Reintegration Pro-
gram at the State level. The primary function of team 
members shall be— 
(1) to implement the reintegration curriculum 
through the deployment cycle described in subsection 
(g); 
(2) to obtain necessary service providers; and 
(3) to educate service providers regarding the 
unique military nature of the reintegration program.
285 
(g) OPERATION OF PROGRAM THROUGH DEPLOY-
MENT CYCLE.— 
(1) IN GENERAL.—The Office for Reintegration 
Programs shall analyze the demographics, placement 
of State Family Assistance Centers and their re-
sources before a mobilization alert is issued to af-
fected State National Guard and Reserve organiza-
tions. The Office of Reintegration Programs shall 
consult with affected State National Guard and Re-
serve organizations following the issuance of a mobi-
lization alert and implement the reintegration events 
in accordance with the Reintegration Program phase 
model. 
(2) PRE-DEPLOYMENT
PHASE.—The Pre-De-
ployment Phase shall constitute the time from first 
notification of mobilization until deployment of the 
mobilized National Guard or Reserve unit. Events 
and activities shall focus on providing education and 
ensuring the readiness of members of the unit, their 
families, and affected communities for the rigors of 
a combat deployment. 
(3) DEPLOYMENT
PHASE.—The Deployment 
Phase shall constitute the period from deployment of 
the mobilized National Guard or Reserve unit until 
the unit arrives at a demobilization station inside
286 
the continental United States. Events and services 
provided shall focus on the challenges and stress as-
sociated with separation and having a member in a 
combat zone. Information sessions shall utilize State 
National Guard and Reserve resources in coordina-
tion with the Employer Support of Guard and Re-
serve Office, Transition Assistance Advisors, and the 
State Family Programs Director. 
(4) DEMOBILIZATION PHASE.— 
(A) IN
GENERAL.—The Demobilization 
Phase shall constitute the period from arrival of 
the National Guard or Reserve unit at the de-
mobilization station until its departure for home 
station. 
(B) INITIAL REINTEGRATION ACTIVITY.— 
The purpose of this reintegration program is to 
educate members about the resources that are 
available to them and to connect members to 
service providers who can assist them in over-
coming the challenges of reintegration. 
(5) 
POST-DEPLOYMENT-RECONSTITUTION 
PHASE.— 
(A) IN GENERAL.—The Post-Deployment- 
Reconstitution Phase shall constitute the period 
from arrival at home station until 180 days fol-
287 
lowing demobilization. Activities and services 
provided shall focus on reconnecting members 
with their families and communities and pro-
viding resources and information necessary for 
successful reintegration. Reintegration events 
shall begin with elements of the Initial Re-
integration Activity program that were not com-
pleted during the Demobilization Phase. 
(B) 30-DAY, 60-DAY, AND
90-DAY
RE-
INTEGRATION ACTIVITIES.—The State National 
Guard and Reserve organizations shall hold re-
integration activities at the 30-day, 60-day, and 
90-day interval following demobilization. These 
activities shall focus on reconnecting members 
and their families with the service providers 
from the Initial Reintegration Activity to ensure 
that members and their families understand 
what benefits they are entitled to and what re-
sources are available to help them overcome the 
challenges of reintegration. The Reintegration 
Activities shall also provide a forum for mem-
bers and their families to address negative be-
haviors related to combat stress and transition. 
(C) MEMBER PAY.—Members shall receive 
appropriate pay for days spent attending the
288 
Reintegration Activities at the 30-day, 60-day, 
and 90-day intervals. 
(h) OUTREACH SERVICES.—As part of the Yellow 
Ribbon Reintegration Program, the Office for Reintegra-
tion Programs may develop programs of outreach to mem-
bers of the Armed Forces and their family members to 
educate such members and their family members about 
the assistance and services available to them under the 
Yellow Ribbon Reintegration Program. Such assistance 
and services may include the following: 
(1) Marriage counseling. 
(2) Services for children. 
(3) Suicide prevention. 
(4) Substance abuse awareness and treatment. 
(5) Mental health awareness and treatment. 
(6) Financial counseling. 
(7) Anger management counseling. 
(8) Domestic violence awareness and preven-
tion. 
(9) Employment assistance. 
(10) Preparing and updating family care plans. 
(11) Development of strategies for living with a 
member of the Armed Forces with post-traumatic 
stress disorder or traumatic brain injury.
289 
(12) Other services that may be appropriate to 
address the unique needs of members of the Armed 
Forces and their families who live in rural or remote 
areas 
with 
respect 
to 
family 
readiness 
and 
servicemember reintegration. 
(13) Assisting members of the Armed Forces 
and their families find and receive assistance with 
military family readiness and servicemember re-
integration, including referral services. 
(14) Development of strategies and programs 
that recognize the need for long-term follow-up serv-
ices for reintegrating members of the Armed Forces 
and their families for extended periods following de-
ployments, including between deployments. 
(15) Assisting members of the Armed Forces 
and their families in receiving services and assist-
ance from the Department of Veterans Affairs, in-
cluding referral services. 
SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT 
SERVICES AND PROGRAMS FOR FAMILIES OF 
MEMBERS OF REGULAR AND RESERVE COM-
PONENTS UNDERGOING DEPLOYMENT. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study to determine the most effective 
means to enhance and improve family support programs
290 
for families of deployed members of the regular and re-
serve components of the Armed Forces before, during, and 
after deployment. The study shall also take into account 
the potential to utilize non-governmental and local private 
sector entities and other Federal agencies having expertise 
in health and well-being of families, including family mem-
bers who are children, infants, or toddlers. 
(b) ELEMENTS.—The study shall include at a min-
imum the following: 
(1) The assessment of the types of information 
on health care and mental health benefits and serv-
ices and other community resources that should be 
made available to members of the regular and re-
serve components and their families, including— 
(A) crisis services; 
(B) marriage and family counseling; and 
(C) financial counseling. 
(2) An assessment of means to improve support 
to the parents and caretakers of military dependent 
children in order to mitigate any adverse effects of 
the deployment of members on such children, includ-
ing consideration of the following: 
(A) The need to develop materials for par-
ents and other caretakers of children to assist 
in responding to the effects of such deployment
291 
on children, including extended and multiple de-
ployments and reunion (and the death or injury 
of members during such deployment), and the 
role that parents and caretakers can play in ad-
dressing or mitigating such effects. 
(B) The potential best practices that are 
identified which build psychological and emo-
tional resiliency in children in coping with de-
ployment. 
(C) The potential to improve dissemination 
throughout the Armed Forces of the most effec-
tive practices for outreach, training, and build-
ing psychological and emotional resiliency in 
children. 
(D) The effectiveness of training materials 
for education, mental health, health, and family 
support professionals who provide services to 
parents and caretakers of military dependent 
children. 
(E) The requirement to develop programs 
and activities to increase awareness throughout 
the military and civilian communities of the ef-
fects of deployment of a military spouse or 
guardians for such children and their families
292 
and to increase collaboration within such com-
munities to address and mitigate such effects. 
(F) The development of training for early 
child care and education, mental health, health 
care, and family support professionals to en-
hance the awareness of such professionals of 
their role in assisting families in addressing and 
mitigating the adverse implications of such de-
ployment. 
(G) The conduct of research on best prac-
tices for building psychological and emotional 
resiliency in such children in coping with the 
deployment of such members. 
(3) An assessment of the effectiveness of fam-
ily-to-family support programs— 
(A) in providing peer support for families 
of deployed members of the regular and reserve 
components; 
(B) in identifying and preventing family 
problems in such families; 
(C) in reducing adverse outcomes for chil-
dren of such families, including poor academic 
performance, behavioral problems, stress, and 
anxiety;
293 
(D) in improving family readiness and 
post-deployment transition for such families; 
and 
(E) in utilizing spouses of members of the 
Armed Forces as counselors for families of de-
ployed members, in order to assist such families 
in coping before, during, and after the deploy-
ment, and the best practices for training 
spouses of members of the Armed Forces to act 
as counselors for families of deployed members. 
(4) An assessment of the effectiveness of transi-
tion assistance programs and policies for families of 
members during post-deployment transition from a 
combat zone back to civilian or military commu-
nities— 
(A) in identifying signs and symptoms of 
mental health conditions for both service mem-
bers and their families; and 
(B) in receiving information and resources 
available within the local communities to ease 
transition. 
(5) An assessment of the impact of multiple 
overseas deployments of members on their families, 
particularly in the case of members serving in Oper-
ation Iraqi Freedom and Operation Enduring Free-
294 
dom, including financial impacts and emotional im-
pacts. 
(6) An assessment of the most effective timing 
of providing information and support to the families 
of deployed members before, during, and after de-
ployment, including at least six months after the 
date of return of deployed members. 
(7) An assessment of the need for additional 
long-term research on the effects of multiple war-
time deployments on families, including children, 
and critical areas of focus that should be addressed 
by such research. 
(c) REPORT ON RESULTS OF STUDY.—Not later than 
180 days after the date of enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report containing the results of the study 
conducted under subsection (a). 
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) PROTECTION OF SERVICEMEMBERS AGAINST DE-
FAULT
JUDGMENTS.—Section 
201(a) 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521(a))
295 
is amended by inserting ‘‘, including any child custody 
proceeding,’’ after ‘‘proceeding’’. 
(b) STAY OF PROCEEDINGS WHEN SERVICEMEMBER 
HAS NOTICE.—Section 202(a) of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 522(a)) is amended by 
inserting ‘‘, including any child custody proceeding,’’ after 
‘‘civil action or proceeding’’. 
SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED 
MEMBERS OF THE ARMED FORCES. 
(a) SERVICEMEMBER FAMILY LEAVE.— 
(1) DEFINITIONS.—Section 101 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611) is 
amended by adding at the end the following new 
paragraphs: 
‘‘(14) ACTIVE DUTY.—The term ‘active duty’ 
means duty under a call or order to active duty 
under a provision of law referred to in section 
101(a)(13)(B) of title 10, United States Code. 
‘‘(15) CONTINGENCY
OPERATION.—The term 
‘contingency operation’ has the same meaning given 
such term in section 101(a)(13) of title 10, United 
States Code. 
‘‘(16) COVERED
SERVICEMEMBER.—The term 
‘covered servicemember’ means a member of the 
Armed Forces, including a member of the National
296 
Guard or Reserves, who is undergoing medical treat-
ment, recuperation, or therapy, is otherwise in out-
patient status, or is otherwise on the temporary dis-
ability retired list, for a serious injury or illness. 
‘‘(17) OUTPATIENT
STATUS.—The term ‘out-
patient 
status’, 
with 
respect 
to 
a 
covered 
servicemember, means the status of a member of the 
Armed Forces assigned to— 
‘‘(A) a military medical treatment facility 
as an outpatient; or 
‘‘(B) a unit established for the purpose of 
providing command and control of members of 
the Armed Forces receiving medical care as 
outpatients. 
‘‘(18) NEXT OF KIN.—The term ‘next of kin’, 
used with respect to an individual, means the near-
est blood relative of that individual. 
‘‘(19) SERIOUS INJURY OR ILLNESS.—The term 
‘serious injury or illness’, in the case of a member 
of the Armed Forces, including a member of the Na-
tional Guard or Reserves, means an injury or illness 
incurred by the member in line of duty on active 
duty in the Armed Forces that may render the mem-
ber medically unfit to perform the duties of the 
member’s office, grade, rank, or rating.’’.
297 
(2) ENTITLEMENT TO LEAVE.—Section 102(a) 
of such Act (29 U.S.C. 2612(a)) is amended— 
(A) in paragraph (1), by adding at the end 
the following new subparagraph: 
‘‘(E) Because of any qualifying exigency 
(as the Secretary shall, by regulation, deter-
mine) arising out of the fact that the spouse, or 
a son, daughter, or parent of the employee is on 
active duty (or has been notified of an impend-
ing call or order to active duty) in the Armed 
Forces in support of a contingency operation.’’; 
and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Subject 
to section 103, an eligible employee who is the 
spouse, son, daughter, parent, or next of kin of a 
covered servicemember shall be entitled to a total of 
26 workweeks of leave during a 12-month period to 
care for the servicemember. The leave described in 
this paragraph shall only be available during a single 
12-month period. 
‘‘(4) COMBINED
LEAVE
TOTAL.—During the 
single 12-month period described in paragraph (3), 
an eligible employee shall be entitled to a combined
298 
total of 26 workweeks of leave under paragraphs (1) 
and (3). Nothing in this paragraph shall be con-
strued to limit the availability of leave under para-
graph (1) during any other 12-month period.’’. 
(3) REQUIREMENTS RELATING TO LEAVE.— 
(A) SCHEDULE.—Section 102(b) of such 
Act (29 U.S.C. 2612(b)) is amended— 
(i) in paragraph (1), in the second 
sentence— 
(I) 
by 
striking 
‘‘section 
103(b)(5)’’ and inserting ‘‘subsection 
(b)(5) or (f) (as appropriate) of sec-
tion 103’’; and 
(II) by inserting ‘‘or under sub-
section 
(a)(3)’’ 
after 
‘‘subsection 
(a)(1)’’; 
(ii) in paragraph (1), by inserting 
after the second sentence the following new 
sentence: ‘‘Subject to subsection (e)(3) and 
section 103(f), leave under subsection 
(a)(1)(E) may be taken intermittently or 
on a reduced leave schedule.’’; and 
(iii) in paragraph (2), by inserting ‘‘or 
under subsection (a)(3)’’ after ‘‘subsection 
(a)(1)’’.
299 
(B) SUBSTITUTION OF PAID LEAVE.—Sec-
tion 102(d) of such Act (29 U.S.C. 2612(d)) is 
amended— 
(i) in paragraph (1)— 
(I) by inserting ‘‘(or 26 work-
weeks in the case of leave provided 
under subsection (a)(3))’’ after ‘‘12 
workweeks’’ the first place it appears; 
and 
(II) by inserting ‘‘(or 26 work-
weeks, as appropriate)’’ after ‘‘12 
workweeks’’ the second place it ap-
pears; 
(ii) in paragraph (2)(A), by striking 
‘‘or (C)’’ and inserting ‘‘(C), or (E)’’; and 
(iii) in paragraph (2)(B), by adding at 
the end the following: ‘‘An eligible em-
ployee may elect, or an employer may re-
quire the employee, to substitute any of 
the accrued paid vacation leave, personal 
leave, family leave, or medical or sick leave 
of the employee for leave provided under 
subsection (a)(3) for any part of the 26- 
week period of such leave under such sub-
section, except that nothing in this title re-
300 
quires an employer to provide paid sick 
leave or paid medical leave in any situation 
in which the employer would not normally 
provide any such paid leave.’’. 
(C) NOTICE.—Section 102(e) of such Act 
(29 U.S.C. 2612(e)) is amended— 
(i) in paragraph (2), by inserting ‘‘or 
under subsection (a)(3)’’ after ‘‘subsection 
(a)(1)’’; and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY 
OF FAMILY MEMBER.—In any case in which the ne-
cessity for leave under subsection (a)(1)(E) is fore-
seeable, whether because the spouse, or a son, 
daughter, or parent, of the employee is on active 
duty, or because of notification of an impending call 
or order to active duty in support of a contingency 
operation, the employee shall provide such notice to 
the employer as is reasonable and practicable.’’. 
(D) SPOUSES
EMPLOYED
BY
SAME
EM-
PLOYER.—Section 102(f) of such Act (29 
U.S.C. 2612(f)) is amended— 
(i) by redesignating paragraphs (1) 
and (2) as subparagraphs (A) and (B),
301 
and aligning the margins of the subpara-
graphs with the margins of section 
102(e)(2)(A); 
(ii) by striking ‘‘In any’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—In any’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) SERVICEMEMBER FAMILY LEAVE.— 
‘‘(A) IN GENERAL.—The aggregate num-
ber of workweeks of leave to which both that 
husband and wife may be entitled under sub-
section (a) may be limited to 26 workweeks 
during the single 12-month period described in 
subsection (a)(3) if the leave is— 
‘‘(i) leave under subsection (a)(3); or 
‘‘(ii) a combination of leave under 
subsection (a)(3) and leave described in 
paragraph (1). 
‘‘(B) BOTH LIMITATIONS APPLICABLE.—If 
the leave taken by the husband and wife in-
cludes leave described in paragraph (1), the 
limitation in paragraph (1) shall apply to the 
leave described in paragraph (1).’’.
302 
(E) 
CERTIFICATION
REQUIREMENTS.— 
Section 103 of such Act (29 U.S.C. 2613) is 
amended— 
(i) in subsection (a)— 
(I) 
by 
striking 
‘‘section 
102(a)(1)’’ and inserting ‘‘paragraph 
(1) or paragraph (3) of section 
102(a)’’; and 
(II) by inserting ‘‘or of the next 
of kin of an individual in the case of 
leave taken under such paragraph 
(3),’’ after ‘‘parent of the employee,’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(f) CERTIFICATION RELATED TO ACTIVE DUTY OR 
CALL TO ACTIVE DUTY.—An employer may require that 
a request for leave under section 102(a)(1)(E) be sup-
ported by a certification issued at such time and in such 
manner as the Secretary may by regulation prescribe. If 
the Secretary issues a regulation requiring such certifi-
cation, the employee shall provide, in a timely manner, a 
copy of such certification to the employer.’’. 
(F) FAILURE TO RETURN.—Section 104(c) 
of such Act (29 U.S.C. 2614(c)) is amended—
303 
(i) in paragraph (2)(B)(i), by insert-
ing ‘‘or under section 102(a)(3)’’ before 
the semicolon; and 
(ii) in paragraph (3)(A)— 
(I) in clause (i), by striking ‘‘or’’ 
at the end; 
(II) in clause (ii), by striking the 
period and inserting ‘‘; or’’; and 
(III) by adding at the end the 
following: 
‘‘(iii) a certification issued by the 
health care provider of the servicemember 
being cared for by the employee, in the 
case of an employee unable to return to 
work because of a condition specified in 
section 102(a)(3).’’. 
(G) ENFORCEMENT.—Section 107 of such 
Act (29 U.S.C. 2617) is amended, in subsection 
(a)(1)(A)(i)(II), by inserting ‘‘(or 26 weeks, in 
a case involving leave under section 102(a)(3))’’ 
after ‘‘12 weeks’’. 
(H) INSTRUCTIONAL
EMPLOYEES.—Sec-
tion 108 of such Act (29 U.S.C. 2618) is 
amended, in subsections (c)(1), (d)(2), and
304 
(d)(3), 
by 
inserting 
‘‘or 
under 
section 
102(a)(3)’’ after ‘‘section 102(a)(1)’’. 
(b) SERVICEMEMBER FAMILY LEAVE
FOR CIVIL 
SERVICE EMPLOYEES.— 
(1) DEFINITIONS.—Section 6381 of title 5, 
United States Code, is amended— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (6), by striking the pe-
riod and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(7) the term ‘active duty’ means duty under a 
call or order to active duty under a provision of law 
referred to in section 101(a)(13)(B) of title 10; 
‘‘(8) the term ‘covered servicemember’ means a 
member of the Armed Forces, including a member 
of the National Guard or Reserves, who is under-
going medical treatment, recuperation, or therapy, is 
otherwise in an outpatient status, or is otherwise on 
the temporary disability retired list, for a serious in-
jury or illness; 
‘‘(9) the term ‘outpatient status’, with respect 
to a covered servicemember, means the status of a 
member of the Armed Forces assigned to—
305 
‘‘(A) a military medical treatment facility 
as an outpatient; or 
‘‘(B) a unit established for the purpose of 
providing command and control of members of 
the Armed Forces receiving medical care as 
outpatients; 
‘‘(10) the term ‘next of kin’, used with respect 
to an individual, means the nearest blood relative of 
that individual; and 
‘‘(11) the term ‘serious injury or illness’, in the 
case of a member of the Armed Forces, means an 
injury or illness incurred by the member in line of 
duty on 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 rat-
ing.’’. 
(2) ENTITLEMENT TO LEAVE.—Section 6382(a) 
of such title is amended by adding at the end the 
following: 
‘‘(3) Subject to section 6383, an employee who is the 
spouse, son, daughter, parent, or next of kin of a covered 
servicemember shall be entitled to a total of 26 adminis-
trative workweeks of leave during a 12-month period to 
care for the servicemember. The leave described in this
306 
paragraph shall only be available during a single 12-month 
period. 
‘‘(4) During the single 12-month period described in 
paragraph (3), an employee shall be entitled to a combined 
total of 26 administrative workweeks of leave under para-
graphs (1) and (3). Nothing in this paragraph shall be 
construed to limit the availability of leave under paragraph 
(1) during any other 12-month period.’’. 
(3) REQUIREMENTS RELATING TO LEAVE.— 
(A) SCHEDULE.—Section 6382(b) of such 
title is amended— 
(i) in paragraph (1), in the second 
sentence— 
(I) 
by 
striking 
‘‘section 
6383(b)(5)’’ and inserting ‘‘subsection 
(b)(5) or (f) (as appropriate) of sec-
tion 6383’’; and 
(II) by inserting ‘‘or under sub-
section 
(a)(3)’’ 
after 
‘‘subsection 
(a)(1)’’; and 
(ii) in paragraph (2), by inserting ‘‘or 
under subsection (a)(3)’’ after ‘‘subsection 
(a)(1)’’. 
(B) SUBSTITUTION OF PAID LEAVE.—Sec-
tion 6382(d) of such title is amended by adding
307 
at the end the following: ‘‘An employee may 
elect to substitute for leave under subsection 
(a)(3) any of the employee’s accrued or accu-
mulated annual or sick leave under subchapter 
I for any part of the 26-week period of leave 
under such subsection.’’. 
(C) NOTICE.—Section 6382(e) of such title 
is amended by inserting ‘‘or under subsection 
(a)(3)’’ after ‘‘subsection (a)(1)’’. 
(D) CERTIFICATION.—Section 6383 of 
such title is amended by adding at the end the 
following: 
‘‘(f) An employing agency may require that a request 
for leave under section 6382(a)(3) be supported by a cer-
tification issued at such time and in such manner as the 
Office of Personnel Management may by regulation pre-
scribe.’’. 
SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DE-
PLOYMENT OF SINGLE PARENT OR DUAL 
MILITARY COUPLES WITH MINOR DEPEND-
ENTS. 
The Secretary of Defense shall establish appropriate 
procedures to ensure that an adequate family care plan 
is in place for a member of the Armed Forces with minor 
dependents who is a single parent or whose spouse is also
308 
a member of the Armed Forces when the member may 
be deployed in an area for which imminent danger pay 
is authorized under section 310 of title 37, United States 
Code. Such procedures should allow the member to request 
a deferment of deployment due to unforeseen cir-
cumstances, and the request for such a deferment should 
be considered and responded to promptly. 
SEC. 587. EDUCATION AND TREATMENT SERVICES FOR 
MILITARY DEPENDENT CHILDREN WITH AU-
TISM. 
(a) ASSESSMENT OF AVAILABILITY OF SERVICES.— 
The Secretary of Defense shall conduct a comprehensive 
assessment of the availability of Federal, State, and local 
education and treatment services on and in the vicinity 
of a covered military installation for children of members 
of the Armed Forces who are diagnosed with autism. This 
assessment shall include the following: 
(1) The local availability of adequate edu-
cational services for children with autism. 
(2) The local availability of adequate medical 
services for children with autism. 
(3) The local availability of supplemental serv-
ices for children with autism.
309 
(4) The ease of access of children with autism 
to adequate educational services, such as the length 
of time on waiting lists. 
(b) REVIEW OF BEST PRACTICES.—In preparing the 
assessment under subsection (a), the Secretary of Defense 
shall conduct a review of best practices in the United 
States in the provision of covered educational services and 
treatment services for children with autism, including an 
assessment of Federal and State education and treatment 
services for children with autism in each State, with an 
emphasis on locations where eligible members and eligible 
dependents reside. The Secretary of Defense shall conduct 
the review in coordination with the Secretary of Edu-
cation. 
(c) PERSONNEL MANAGEMENT REQUIREMENTS.— 
(1) LIMITED STATIONING OPTIONS.—The Sec-
retary of the military department concerned shall 
ensure that, whenever practicable, eligible members 
are only assigned to military installations that are 
identified in the report required by subsection 
(g)(1). 
(2) STABILIZATION POLICY.—The Secretary of 
the military department concerned shall ensure that, 
whenever practicable, the families of eligible mem-
bers residing at a military installation that is identi-
310 
fied in such report are permitted to remain at that 
installation for a period of not less than 4 years. 
(d) CASE MANAGERS AND SERVICES.— 
(1) CASE
MANAGERS.—The Secretary of the 
military department concerned shall ensure that eli-
gible members are assigned case managers for both 
medical services and covered educational services for 
eligible dependents, which shall be required under 
the Exceptional Family Member Program pursuant 
to the policy established by the Secretary. 
(2) INDIVIDUALIZED
SERVICES
PLAN.—The 
Secretary of the military department concerned shall 
provide for the voluntary development for eligible de-
pendents of individualized autism services plans for 
use by case managers, caregivers, and families to en-
sure continuity of services throughout the active 
military service of eligible members. 
(3) AUTISM
SUPPORT
CENTERS.—The Sec-
retary of the military department concerned may es-
tablish local centers on military installations for the 
purpose of providing and coordinating autism serv-
ices for eligible dependents. 
(4) PARTNERSHIPS AND CONTRACTS.—The Sec-
retary of the military department concerned is en-
couraged to enter into partnerships or contracts with
311 
other appropriate public and private entities to carry 
out the responsibilities of this section. 
(e) DEMONSTRATION PROJECTS.— 
(1) PROJECTS AUTHORIZED.—The Secretary of 
Defense may conduct 1 or more demonstration 
projects to evaluate improved approaches to the pro-
vision of covered educational services and treatment 
services to eligible dependents for the purpose of 
evaluating strategies for integrated treatment and 
case manager services, including early intervention 
and diagnosis, medical care, parent involvement, spe-
cial education services, intensive behavioral interven-
tion, and language, communications, and other inter-
ventions considered appropriate by the Secretary. 
(2) CASE MANAGERS AND SERVICES PLAN.— 
Each demonstration project shall include the assign-
ment of case managers under paragraph (1) of sub-
section (d) and utilize the services plans prepared 
for eligible dependents under paragraph (2) of such 
subsection. 
(3) SUPERVISORY
LEVEL
PROVIDERS.—The 
Secretary of Defense may utilize for purposes of the 
demonstration projects personnel who are profes-
sionals with a level (as determined by the Secretary) 
of post-secondary education that is appropriate for
312 
the provision of safe and effective services for autism 
and who are from an accredited educational facility 
in the mental health, human development, social 
work, or education field to act as supervisory level 
providers of behavioral intervention services for au-
tism. In so acting, such personnel may be author-
ized— 
(A) to develop and monitor intensive be-
havior intervention plans for eligible dependents 
who are participating in the demonstration 
projects; and 
(B) to provide appropriate training in the 
provision of approved services to participating 
eligible dependents. 
(4) SERVICES
UNDER
CORPORATE
SERVICES 
PROVIDER MODEL.—In carrying out the demonstra-
tion projects, the Secretary of Defense may utilize a 
corporate services provider model. Employees of a 
provider under such a model shall include personnel 
who implement special educational and behavioral 
intervention plans for eligible dependents that are 
developed, reviewed, and maintained by supervisory 
level providers approved by the Secretary. In author-
izing such a model, the Secretary shall establish—
313 
(A) minimum education, training, and ex-
perience criteria required to be met by employ-
ees who provide services to eligible dependents; 
(B) requirements for supervisory personnel 
and supervision, including requirements for su-
pervisor credentials and for the frequency and 
intensity of supervision; and 
(C) such other requirements as the Sec-
retary considers appropriate to ensure safety 
and the protection of the eligible dependents 
who receive services from such employees under 
the demonstration projects. 
(5) PERIOD.—If the Secretary of Defense de-
termines to conduct demonstration projects under 
this subsection, the Secretary shall commence such 
demonstration projects not later than 180 days after 
the date of the enactment of this Act. The dem-
onstration projects shall be conducted for not less 
than 2 years. 
(6) EVALUATION.—The Secretary of Defense 
shall conduct an evaluation of each demonstration 
project conducted under this section. The evaluation 
shall include the following: 
(A) An assessment of the extent to which 
the activities under the demonstration project
314 
contributed to positive outcomes for eligible de-
pendents. 
(B) An assessment of the extent to which 
the activities under the demonstration project 
led to improvements in services and continuity 
of care for eligible dependents. 
(C) An assessment of the extent to which 
the activities under the demonstration project 
improved military family readiness and en-
hanced military retention. 
(f) RELATIONSHIP TO OTHER BENEFITS.—Nothing 
in this section precludes the eligibility of members of the 
Armed Forces and their dependents for extended benefits 
under section 1079 of title 10, United States Code. 
(g) REPORTS.— 
(1) REPORT IDENTIFYING COVERED MILITARY 
INSTALLATIONS.—As a result of the assessment re-
quired by subsection (a), the Secretary of Defense 
shall submit to the congressional defense commit-
tees, not later than December 31, 2008, a report 
identifying those covered military installations that 
have covered educational services and facilities avail-
able (on the installation or in the vicinity of the in-
stallation) for eligible dependents that provide spe-
cial education and related services consistent with
316 
any legislative actions that the Secretary recommends to 
implement the plan and describe what funding or funding 
mechanisms may be needed to ensure eligible dependents 
obtain covered educational services. The Secretary shall 
submit the plan to the congressional defense committees 
not later than July 1, 2009. 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘autism’’ refers to the Autism 
Spectrum Disorders, which are developmental dis-
abilities that cause substantial impairments in the 
areas of social interaction, emotional regulation, 
communication, and the integration of higher-order 
cognitive processes and are often characterized by 
the presence of unusual behaviors and interests. The 
term includes autistic disorder, pervasive develop-
mental disorder (not otherwise specified), and 
Asperger’s syndrome. 
(2) The term ‘‘child’’ has the meaning given 
that term in section 1072 of title 10, United States 
Code. 
(3) The term ‘‘covered military installation’’ 
means a military installation at which at least 1,000 
members of the Armed Forces are assigned who are 
eligible for an assignment accompanied by depend-
ents.
317 
(4) The term ‘‘eligible member’’ means a mem-
ber of the Armed Forces who— 
(A) has a dependent child who is diagnosed 
with autism; and 
(B) is enrolled in an Exceptional Family 
Member Program of the Department of De-
fense. 
(5) The term ‘‘eligible dependent’’ means a 
child of an eligible member who is diagnosed with 
autism. 
(6) The term ‘‘local educational agency’’ has 
the meaning given that term in section 8013(9) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7713(9)), except that the term in-
cludes publicly financed schools in communities, De-
partment of Defense domestic dependent elementary 
and secondary schools, and schools of the defense 
dependents’ education system. 
(7) The term ‘‘covered educational services’’ in-
cludes behavioral intervention services for autism, 
such as Applied Behavioral Analysis.
318 
SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COM-
PASSION IN PAYING TRIBUTE TO MEMBERS 
OF THE ARMED FORCES WHO HAVE FALLEN 
IN THE SERVICE OF THE UNITED STATES. 
(a) COMMENDATION.—Congress, on the behalf of the 
people of the United States, commends Kaziah M. Han-
cock and the 4 other volunteer professional portrait artists 
of the nonprofit organization known as Project Compas-
sion, as well as the entire Project Compassion organiza-
tion, for their ongoing efforts to provide, without charge, 
to the family of each member of the Armed Forces who 
has died on active duty since September 11, 2001, a mu-
seum-quality original oil portrait of the member. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the people of the United States owe the deepest 
gratitude to Kaziah M. Hancock and the members of 
Project Compassion. 
Subtitle I—Other Matters 
SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILI-
TARY BANDS AND OTHER MUSICAL UNITS. 
(a) IN GENERAL.— 
(1) CONSOLIDATION
OF
SEPARATE
AUTHORI-
TIES.—Chapter 49 of title 10, United States Code, 
is amended by inserting after section 973 the fol-
lowing new section:
319 
‘‘§ 974. Uniform performance policies for military 
bands and other musical units 
‘‘(a) RESTRICTIONS ON COMPETITION AND REMU-
NERATION.—Bands, ensembles, choruses, or similar musi-
cal units of the armed forces, including individual mem-
bers of such a unit performing in an official capacity, may 
not— 
‘‘(1) engage in the performance of music in 
competition with local civilian musicians; or 
‘‘(2) receive remuneration for official perform-
ances. 
‘‘(b) MEMBERS PERFORMING IN PERSONAL CAPAC-
ITY.—A member of a band, ensemble, chorus, or similar 
musical unit of the armed forces may engage in the per-
formance of music in the member’s personal capacity, as 
an individual or part of a group, for remuneration or oth-
erwise, if the member— 
‘‘(1) does not wear a military uniform for the 
performance; 
‘‘(2) does not identify himself or herself as a 
member of the armed forces in connection with the 
performance; and 
‘‘(3) complies with all other applicable regula-
tions and standards of conduct. 
‘‘(c) RECORDINGS.—(1) When authorized pursuant 
to regulations prescribed by the Secretary of Defense for
320 
purposes of this section, bands, ensembles, choruses, or 
similar musical units of the armed forces may produce re-
cordings for distribution to the public, at a cost not to 
exceed production and distribution expenses. 
‘‘(2) Amounts received in payment for recordings dis-
tributed to the public under this subsection shall be cred-
ited to the appropriation or account providing the funds 
for the production of such recordings. Any amounts so 
credited shall be merged with amounts in the appropria-
tion or account to which credited, and shall be available 
for the same purposes, and subject to the same conditions 
and limitations, as amounts in such appropriation or ac-
count. 
‘‘(d) PERFORMANCE
OF MUSIC
IN COMPETITION 
WITH LOCAL CIVILIAN MUSICIANS DEFINED.—(1) In this 
section, the term ‘performance of music in competition 
with local civilian musicians’ includes performances— 
‘‘(A) that are more than incidental to events 
that are not supported solely by appropriated funds 
and are not free to the public; and 
‘‘(B) of background, dinner, dance, or other so-
cial music at events, regardless of location, that are 
not supported solely by appropriated funds. 
‘‘(2) The term does not include performances—
321 
‘‘(A) at official Federal Government events that 
are supported solely by appropriated funds; 
‘‘(B) at concerts, parades, and other events that 
are patriotic events or celebrations of national holi-
days and are free to the public; or 
‘‘(C) that are incidental, such as short perform-
ances of military or patriotic music to open or close 
events, to events that are not supported solely by ap-
propriated funds, in compliance with applicable rules 
and regulations.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 973 
the following new item: 
‘‘974. Uniform performance policies for military bands and other musical 
units.’’. 
(b) REPEAL OF SEPARATE SERVICE AUTHORITIES.— 
(1) REPEAL.—Sections 3634, 6223, and 8634 
of such title are repealed. 
(2) TABLE
OF
SECTIONS.—(A) The table of 
sections at the beginning of chapter 349 of such title 
is amended by striking the item relating to section 
3634. 
(B) The table of sections at the beginning of 
chapter 565 of such title is amended by striking the 
item relating to section 6223.
322 
(C) The table of sections at the beginning of 
chapter 849 of such title is amended by striking the 
item relating to section 8634. 
SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED 
MEMBERS OF THE ARMED FORCES AND CER-
TAIN OTHER PERSONS. 
Section 1482(a)(8) of title 10, United States Code, 
is amended by adding at the end the following new sen-
tence: ‘‘When transportation of the remains includes 
transportation by aircraft under section 562 of the John 
Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), 
the Secretary concerned shall provide, to the maximum ex-
tent practicable, for delivery of the remains by air to the 
commercial, general aviation, or military airport nearest 
to the place selected by the designee.’’. 
SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUP-
PORTABLE IN ANY STATE UNDER STARBASE 
PROGRAM. 
Section 2193b(c)(3) of title 10, United States Code, 
is amended— 
(1) in subparagraph (A), by striking ‘‘more 
than two academies’’ and inserting ‘‘more than four 
academies’’; and
323 
(2) in subparagraph (B), by striking ‘‘in excess 
of two’’ both places it appears and inserting ‘‘in ex-
cess of four’’. 
SEC. 593. GIFT ACCEPTANCE AUTHORITY. 
(a) PERMANENT AUTHORITY TO ACCEPT GIFTS ON 
BEHALF OF THE WOUNDED.—Section 2601(b) of title 10, 
United States Code, is amended by striking paragraph (4). 
(b) LIMITATION ON SOLICITATION OF GIFTS.—The 
Secretary of Defense shall prescribe regulations imple-
menting sections 2601 and 2608 of title 10, United States 
Code, that prohibit the solicitation of any gift under such 
sections by any employee of the Department of Defense 
if the nature or circumstances of such solicitation would 
compromise the integrity or the appearance of integrity 
of any program of the Department of Defense or of any 
individual involved in such program. 
SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES 
AND VETERANS OUT OF UNIFORM DURING 
HOISTING, 
LOWERING, 
OR 
PASSING 
OF 
UNITED STATES FLAG. 
Section 9 of title 4, United States Code, is amended 
by striking ‘‘all persons present’’ and all that follows 
through the end of the section and inserting the following: 
‘‘all persons present in uniform should render the military 
salute. Members of the Armed Forces and veterans who
324 
are present but not in uniform may render the military 
salute. All other persons present should face the flag and 
stand at attention with their right hand over the heart, 
or if applicable, remove their headdress with their right 
hand and hold it at the left shoulder, the hand being over 
the heart. Citizens of other countries present should stand 
at attention. All such conduct toward the flag in a moving 
column should be rendered at the moment the flag 
passes.’’. 
SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NA-
TIONAL COMMITTEE FOR EMPLOYER SUP-
PORT OF THE GUARD AND RESERVE. 
Section 4332 of title 38, United States Code, is 
amended— 
(1) by redesignating paragraphs (2), (3), (4), 
(5), and (6) as paragraphs (3), (4), (5), (6), and (7) 
respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The number of cases reviewed by the Sec-
retary of Defense under the National Committee for 
Employer Support of the Guard and Reserve of the 
Department of Defense during the fiscal year for 
which the report is made.’’; and
325 
(3) in paragraph (5), as so redesignated, by 
striking ‘‘(2), or (3)’’ and inserting ‘‘(2), (3), or 
(4)’’. 
SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR 
DISCHARGE FROM ACTIVE DUTY (DD FORM 
214). 
The Secretary of Defense, in consultation with the 
Secretary of Veterans Affairs, shall modify the Certificate 
of Release or Discharge from Active Duty (DD Form 214) 
in order to permit a member of the Armed Forces, upon 
discharge or release from active duty in the Armed Forces, 
to elect that the DD–214 issued with regard to the mem-
ber be forwarded to the following: 
(1) The Central Office of the Department of 
Veterans Affairs in the District of Columbia. 
(2) The appropriate office of the Department of 
Veterans Affairs for the State or other locality in 
which the member will first reside after such dis-
charge or release. 
SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF 
MEMBERS OF THE ARMED FORCES FOR PER-
SONALITY DISORDER. 
(a) SECRETARY OF DEFENSE REPORT ON ADMINIS-
TRATIVE SEPARATIONS BASED
ON PERSONALITY DIS-
ORDER.—
326 
(1) REPORT REQUIRED.—Not later than April 
1, 2008, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate 
and the House of Representatives a report on all 
cases of administrative separation from the Armed 
Forces of covered members of the Armed Forces on 
the basis of a personality disorder. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A statement of the total number of 
cases, by Armed Force, in which covered mem-
bers of the Armed Forces have been separated 
from the Armed Forces on the basis of a per-
sonality disorder, and an identification of the 
various forms of personality disorder forming 
the basis for such separations. 
(B) A statement of the total number of 
cases, by Armed Force, in which covered mem-
bers of the Armed Forces who have served in 
Iraq and Afghanistan since October 2001 have 
been separated from the Armed Forces on the 
basis of a personality disorder, and the identi-
fication of the various forms of personality dis-
order forming the basis for such separations.
327 
(C) A summary of the policies, by Armed 
Force, controlling administrative separations of 
members of the Armed Forces based on person-
ality disorder, and an evaluation of the ade-
quacy of such policies for ensuring that covered 
members of the Armed Forces who may be eli-
gible for disability evaluation due to mental 
health conditions are not separated from the 
Armed Forces on the basis of a personality dis-
order. 
(D) A discussion of measures being imple-
mented to ensure that members of the Armed 
Forces who should be evaluated for disability 
separation or retirement due to mental health 
conditions are not processed for separation 
from the Armed Forces on the basis of a per-
sonality disorder, and recommendations regard-
ing how members of the Armed Forces who 
may have been so separated from the Armed 
Forces should be provided with expedited review 
by the applicable board for the correction of 
military records. 
(b) COMPTROLLER GENERAL REPORT ON POLICIES 
ON ADMINISTRATIVE SEPARATION BASED ON PERSON-
ALITY DISORDER.—
328 
(1) REPORT REQUIRED.—Not later than June 
1, 2008, the Comptroller General shall submit to 
Congress a report evaluating the policies and proce-
dures of the Department of Defense and of the mili-
tary departments relating to the separation of mem-
bers of the Armed Forces based on a personality dis-
order. 
(2) ELEMENTS.—The report required by para-
graph (1) shall— 
(A) include an audit of a sampling of cases 
to determine the validity and clinical efficacy of 
the policies and procedures referred to in para-
graph (1) and the extent, if any, of the diver-
gence between the terms of such policies and 
procedures and the implementation of such poli-
cies and procedures; and 
(B) include a determination by the Comp-
troller General of whether, and to what extent, 
the policies and procedures referred to in para-
graph (1)— 
(i) deviate from standard clinical diag-
nostic practices and current clinical stand-
ards; and 
(ii) 
provide 
adequate 
safeguards 
aimed at ensuring that members of the
329 
Armed Forces who suffer from mental 
health conditions (including depression, 
post-traumatic stress disorder, or trau-
matic brain injury) resulting from service 
in a combat zone are not separated from 
the Armed Forces on the basis of a person-
ality disorder. 
(3) ALTERNATIVE
SUBMISSION
METHOD.—In 
lieu of submitting a separate report under this sub-
section, the Comptroller may include the evaluation, 
audit and determination required by this subsection 
as part of the study of mental health services re-
quired by section 723 of the Ronald W. Reagan Na-
tional Defense Authorization Act of 2005 (Public 
Law 108–375; 118 Stat. 1989). 
(c) COVERED MEMBER OF THE ARMED FORCES DE-
FINED.—In this section, the term ‘‘covered member of the 
Armed Forces’’ includes the following: 
(1) Any member of a regular component of the 
Armed Forces who has served in Iraq or Afghani-
stan since October 2001. 
(2) Any member of the Selected Reserve of the 
Ready Reserve of the Armed Forces who served on 
active duty in Iraq or Afghanistan since October 
2001.
330 
SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVER-
SARY OF THE VIETNAM WAR. 
(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 
Secretary of Defense may conduct a program to com-
memorate the 50th anniversary of the Vietnam War. In 
conducting the commemorative program, the Secretary 
shall coordinate, support, and facilitate other programs 
and activities of the Federal Government, State and local 
governments, and other persons and organizations in com-
memoration of the Vietnam War. 
(b) SCHEDULE.—The Secretary of Defense shall de-
termine the schedule of major events and priority of ef-
forts for the commemorative program in order to ensure 
achievement of the objectives specified in subsection (c). 
(c) COMMEMORATIVE
ACTIVITIES
AND
OBJEC-
TIVES.—The commemorative program may include activi-
ties and ceremonies to achieve the following objectives: 
(1) To thank and honor veterans of the Viet-
nam War, including personnel who were held as pris-
oners of war or listed as missing in action, for their 
service and sacrifice on behalf of the United States 
and to thank and honor the families of these vet-
erans. 
(2) To highlight the service of the Armed 
Forces during the Vietnam War and the contribu-
tions of Federal agencies and governmental and non-
331 
governmental organizations that served with, or in 
support of, the Armed Forces. 
(3) To pay tribute to the contributions made on 
the home front by the people of the United States 
during the Vietnam War. 
(4) To highlight the advances in technology, 
science, and medicine related to military research 
conducted during the Vietnam War. 
(5) To recognize the contributions and sac-
rifices made by the allies of the United States dur-
ing the Vietnam War. 
(d) NAMES AND SYMBOLS.—The Secretary of De-
fense shall have the sole and exclusive right to use the 
name ‘‘The United States of America Vietnam War Com-
memoration’’, and such seal, emblems, and badges incor-
porating such name as the Secretary may lawfully adopt. 
Nothing in this section may be construed to supersede 
rights that are established or vested before the date of the 
enactment of this Act. 
(e) COMMEMORATIVE FUND.— 
(1) ESTABLISHMENT AND ADMINISTRATION.— 
If the Secretary establishes the commemorative pro-
gram under subsection (a), the Secretary the Treas-
ury shall establish in the Treasury of the United 
States an account to be known as the ‘‘Department
332 
of Defense Vietnam War Commemoration Fund’’ (in 
this section referred to as the ‘‘Fund’’). The Fund 
shall be administered by the Secretary of Defense. 
(2) USE OF FUND.—The Secretary shall use 
the assets of the Fund only for the purpose of con-
ducting the commemorative program and shall pre-
scribe such regulations regarding the use of the 
Fund as the Secretary considers to be necessary. 
(3) DEPOSITS.—There shall be deposited into 
the Fund— 
(A) amounts appropriated to the Fund; 
(B) proceeds derived from the Secretary’s 
use of the exclusive rights described in sub-
section (d); 
(C) donations made in support of the com-
memorative program by private and corporate 
donors; and 
(D) funds transferred to the Fund by the 
Secretary from funds appropriated for fiscal 
year 2008 and subsequent years for the Depart-
ment of Defense. 
(4) 
AVAILABILITY.—Subject 
to 
subsection 
(g)(2), amounts deposited under paragraph (3) shall 
constitute the assets of the Fund and remain avail-
able until expended.
333 
(5) BUDGET REQUEST.—The Secretary of De-
fense may establish a separate budget line for the 
commemorative program. In the budget justification 
materials submitted by the Secretary in support of 
the budget of the President for any fiscal year for 
which the Secretary establishes the separate budget 
line, the Secretary shall— 
(A) identify and explain any amounts ex-
pended for the commemorative program in the 
fiscal year preceding the budget request; 
(B) identify and explain the amounts being 
requested to support the commemorative pro-
gram for the fiscal year of the budget request; 
and 
(C) present a summary of the fiscal status 
of the Fund. 
(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 
(1) AUTHORITY
TO
ACCEPT
SERVICES.—Not-
withstanding section 1342 of title 31, United States 
Code, the Secretary of Defense may accept from any 
person voluntary services to be provided in further-
ance of the commemorative program. The Secretary 
of Defense shall prohibit the solicitation of any vol-
untary services if the nature or circumstances of 
such solicitation would compromise the integrity or
334 
the appearance of integrity of any program of the 
Department of Defense or of any individual involved 
in the program. 
(2) REIMBURSEMENT
OF
INCIDENTAL
EX-
PENSES.—The Secretary may provide for reimburse-
ment of incidental expenses incurred by a person 
providing voluntary services under this subsection. 
The Secretary shall determine which expenses are el-
igible for reimbursement under this paragraph. 
(g) FINAL REPORT.— 
(1) REPORT
REQUIRED.—Not later than 60 
days after the end of the commemorative program, 
if established by the Secretary of Defense under sub-
section (a), the Secretary shall submit to Congress 
a report containing an accounting of— 
(A) all of the funds deposited into and ex-
pended from the Fund; 
(B) any other funds expended under this 
section; and 
(C) any unobligated funds remaining in 
the Fund. 
(2) TREATMENT
OF
UNOBLIGATED
FUNDS.— 
Unobligated amounts remaining in the Fund as of 
the end of the commemorative period specified in
335 
subsection (b) shall be held in the Fund until trans-
ferred by law. 
(h) LIMITATION ON EXPENDITURES.—Total expendi-
tures from the Fund, using amounts appropriated to the 
Department of Defense, may not exceed $5,000,000 for 
fiscal year 2008 or for any subsequent fiscal year to carry 
out the commemorative program. 
(i) FUNDING.—Of the amount authorized to be ap-
propriated pursuant to section 301(5) for Defense-wide 
activities, $1,000,000 shall be available for deposit in the 
Fund for fiscal year 2008 if the Fund is established under 
subsection (e). 
SEC. 599. RECOGNITION OF MEMBERS OF THE MONU-
MENTS, FINE ARTS, AND ARCHIVES PROGRAM 
OF THE CIVIL AFFAIRS AND MILITARY GOV-
ERNMENT SECTIONS OF THE ARMED FORCES 
DURING AND FOLLOWING WORLD WAR II. 
Congress hereby— 
(1) recognizes the men and women who served 
in the Monuments, Fine Arts, and Archives program 
(MFAA) under the Civil Affairs and Military Gov-
ernment Sections of the United States Armed 
Forces for their heroic role in the preservation, pro-
tection, and restitution of monuments, works of art, 
and other artifacts of inestimable cultural impor-
336 
tance in Europe and Asia during and following 
World War II; 
(2) recognizes that without their dedication and 
service, many more of the world’s artistic and his-
toric treasures would have been destroyed or lost 
forever amidst the chaos and destruction of World 
War II; 
(3) acknowledges that the detailed catalogues, 
documentation, inventories, and photographs devel-
oped and compiled by MFAA personnel during and 
following World War II, have made, and continue to 
make, possible the restitution of stolen works of art 
to their rightful owners; and 
(4) commends and extols the members of the 
MFAA for establishing a precedent for action to pro-
tect cultural property in the event of armed conflict, 
and by their action setting a standard not just for 
one country, but for people of all nations to acknowl-
edge and uphold. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2008 increase in military basic pay. 
Sec. 602. Basic allowance for housing for reserve component members without 
dependents who attend accession training while maintaining a 
primary residence.
337 
Sec. 603. Extension and enhancement of authority for temporary lodging ex-
penses for members of the Armed Forces in areas subject to 
major disaster declaration or for installations experiencing sud-
den increase in personnel levels. 
Sec. 604. Income replacement payments for reserve component members experi-
encing extended and frequent mobilization for active duty serv-
ice. 
Sec. 605. Midmonth payment of basic pay for contributions of members of the 
uniformed services participating in Thrift Savings Plan. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, 
and similar benefits for members of the uniformed services. 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve 
forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care 
professionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other bonuses and 
special pays. 
Sec. 615. Increase in incentive special pay and multiyear retention bonus for 
medical officers. 
Sec. 616. Increase in dental officer additional special pay. 
Sec. 617. Increase in maximum monthly rate of hardship duty pay and author-
ity to provide hardship duty pay in a lump sum. 
Sec. 618. Definition of sea duty for career sea pay to include service as off- 
cycle crewmembers of multi-crew ships. 
Sec. 619. Reenlistment bonus for members of the Selected Reserve. 
Sec. 620. Availability of Selected Reserve accession bonus for persons who pre-
viously served in the Armed Forces for a short period. 
Sec. 621. Availability of nuclear officer continuation pay for officers with more 
than 26 years of commissioned service. 
Sec. 622. Waiver of years-of-service limitation on receipt of critical skills reten-
tion bonus. 
Sec. 623. Accession bonus for participants in the Armed Forces Health Profes-
sions Scholarship and Financial Assistance Program. 
Sec. 624. Payment of assignment incentive pay for Reserve members serving in 
combat zone for more than 22 months. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Payment of inactive duty training travel costs for certain Selected Re-
serve members. 
Sec. 632. Survivors of deceased members eligible for transportation to attend 
burial ceremonies. 
Sec. 633. Allowance for participation of Reserves in electronic screening. 
Sec. 634. Allowance for civilian clothing for members of the Armed Forces trav-
eling in connection with medical evacuation. 
Sec. 635. Payment of moving expenses for Junior Reserve Officers’ Training 
Corps instructors in hard-to-fill positions. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Expansion of combat-related special compensation eligibility.
338 
Sec. 642. Inclusion of veterans with service-connected disabilities rated as total 
by reason of unemployability under termination of phase-in of 
concurrent receipt of retired pay and veterans’ disability com-
pensation. 
Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset 
for dependency and indemnity compensation. 
Sec. 644. Special survivor indemnity allowance for persons affected by required 
Survivor Benefit Plan annuity offset for dependency and in-
demnity compensation. 
Sec. 645. Modification of authority of members of the Armed Forces to des-
ignate recipients for payment of death gratuity. 
Sec. 646. Clarification of application of retired pay multiplier percentage to 
members of the uniformed services with over 30 years of serv-
ice. 
Sec. 647. Commencement of receipt of non-regular service retired pay by mem-
bers of the Ready Reserve on active Federal status or active 
duty for significant periods. 
Sec. 648. Computation of years of service for purposes of retired pay for non- 
regular service. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
Sec. 651. Authority to continue commissary and exchange benefits for certain 
involuntarily separated members of the Armed Forces. 
Sec. 652. Authorization of installment deductions from pay of employees of 
nonappropriated fund instrumentalities to collect indebtedness 
to the United States. 
Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus 
Authorities 
Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of 
the uniformed services. 
Sec. 662. Transitional provisions. 
Subtitle G—Other Matters 
Sec. 671. Referral bonus authorities. 
Sec. 672. Expansion of education loan repayment program for members of the 
Selected Reserve. 
Sec. 673. Ensuring entry into United States after time abroad for permanent 
resident alien military spouses and children. 
Sec. 674. Overseas naturalization for military spouses and children. 
Sec. 675. Modification of amount of back pay for members of Navy and Marine 
Corps selected for promotion while interned as prisoners of war 
during World War II to take into account changes in Con-
sumer Price Index.
339 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC 
PAY. 
(a) RESCISSION
OF PRIOR BASIC PAY ADJUST-
MENT.—The adjustment made as of January 1, 2008, 
pursuant to section 4 of Executive Order No. 13454 
(issued January 4, 2008), in elements of compensation of 
members of the uniformed services pursuant to section 
1009 of title 37, United States Code, is hereby rescinded 
in order to permit the 3.5 percent increase in monthly 
basic pay for members of the uniformed services required 
by subsection (b) to take effect as intended. 
(b) INCREASE IN BASIC PAY.—Effective as of Janu-
ary 1, 2008, the rates of monthly basic pay for members 
of the uniformed services are increased by 3.5 percent. 
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE 
COMPONENT MEMBERS WITHOUT DEPEND-
ENTS WHO ATTEND ACCESSION TRAINING 
WHILE MAINTAINING A PRIMARY RESIDENCE. 
(a) 
AVAILABILITY
OF
ALLOWANCE.—Section 
403(g)(1) of title 37, United States Code, is amended— 
(1) by inserting ‘‘to attend accession training,’’ 
after ‘‘active duty’’ the first place it appears; and 
(2) by inserting a comma after ‘‘contingency 
operation’’ the first place it appears.
340 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to months begin-
ning on or after the date of the enactment of this Act. 
SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY 
FOR TEMPORARY LODGING EXPENSES FOR 
MEMBERS OF THE ARMED FORCES IN AREAS 
SUBJECT TO MAJOR DISASTER DECLARA-
TION 
OR 
FOR 
INSTALLATIONS 
EXPERI-
ENCING SUDDEN INCREASE IN PERSONNEL 
LEVELS. 
(a) MAXIMUM PERIOD OF RECEIPT OF EXPENSES.— 
Section 404a(c)(3) of title 37, United States Code, is 
amended by striking ‘‘20 days’’ and inserting ‘‘60 days’’. 
(b) EXTENSION OF AUTHORITY FOR INCREASE IN 
CERTAIN BAH.—Section 403(b)(7)(E) of such title is 
amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RE-
SERVE 
COMPONENT 
MEMBERS 
EXPERI-
ENCING EXTENDED AND FREQUENT MOBILI-
ZATION FOR ACTIVE DUTY SERVICE. 
(a) CLARIFICATION REGARDING WHEN PAYMENTS 
REQUIRED.—Subsection (a) of section 910 of title 37, 
United States Code, is amended by inserting before the 
period at the end of the first sentence the following: ‘‘,
341 
when the total monthly military compensation of the mem-
ber is less than the average monthly civilian income of the 
member’’. 
(b) ELIGIBILITY.—Subsection (b) of such section is 
amended to read as follows: 
‘‘(b) ELIGIBILITY.—(1) A member of a reserve com-
ponent is entitled to a payment under this section for any 
full month of active duty of the member, when the total 
monthly military compensation of the member is less than 
the average monthly civilian income of the member, while 
the member is on active duty under an involuntary mobili-
zation order, following the date on which the member— 
‘‘(A) completes 547 continuous days of service 
on active duty under an involuntary mobilization 
order; 
‘‘(B) completes 730 cumulative days on active 
duty under an involuntary mobilization order during 
the previous 1,826 days; or 
‘‘(C) is involuntarily mobilized for service on ac-
tive duty for a period of 180 days or more within 
180 days after the date of the member’s separation 
from a previous period of active duty for a period of 
180 days or more. 
‘‘(2) The entitlement of a member of a reserve com-
ponent to a payment under this section also shall com-
342 
mence or, if previously commenced under paragraph (1), 
shall continue if the member— 
‘‘(A) satisfies the required number of days on 
active duty specified in subparagraph (A) or (B) of 
paragraph (1) or was involuntarily mobilized as pro-
vided in subparagraph (C) of such paragraph; and 
‘‘(B) is retained on active duty under subpara-
graph (A) or (B) of section 12301(h)(1) of title 10 
because of an injury or illness incurred or aggra-
vated while the member was assigned to duty in an 
area for which special pay under section 310 of this 
title is available.’’. 
(c) TERMINATION OF AUTHORITY.—Subsection (g) of 
such section is amended to read as follows: 
‘‘(g) TERMINATION.—No payment shall be made to 
a member under this section for months beginning after 
December 31, 2008, unless the entitlement of the member 
to payments under this section commenced on or before 
that date.’’. 
SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CON-
TRIBUTIONS OF MEMBERS OF THE UNI-
FORMED 
SERVICES 
PARTICIPATING 
IN 
THRIFT SAVINGS PLAN. 
(a) SEMI-MONTHLY DEPOSIT OF MEMBER’S CON-
TRIBUTIONS.—Section 1014 of title 37, United States
343 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(c) With respect to a member of the uniformed serv-
ices who has elected to participate in the Thrift Savings 
Plan under section 211 of this title, subsection (a) does 
not preclude the payment of an amount equal to one-half 
of the monthly deposit to the Thrift Savings Fund other-
wise to be made by the member in participating in the 
Plan, which amount may be deposited in the Thrift Sav-
ings Fund at midmonth.’’. 
(b) SEMI-MONTHLY REPAYMENT
OF BORROWED 
AMOUNTS.—Section 211 of such title is amended by add-
ing at the end the following new subsection: 
‘‘(e) REPAYMENT OF AMOUNTS BORROWED FROM 
MEMBER ACCOUNT.—If a loan is issued to a member 
under section 8433(g) of title 5 from funds in the mem-
ber’s account in the Thrift Savings Plan, repayment of 
the loan may be required on the same semi-monthly basis 
as authorized for contributions to the Thrift Savings Fund 
on behalf of the member under section 1014(c) of this 
title.’’.
344 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 610. CORRECTION OF LAPSED AUTHORITIES FOR PAY-
MENT OF BONUSES, SPECIAL PAYS, AND SIMI-
LAR BENEFITS FOR MEMBERS OF THE UNI-
FORMED SERVICES. 
(a) RETROACTIVE EFFECTIVE DATE FOR PAYMENT 
AUTHORITIES.—The amendments made by sections 611, 
612, 613, and 614 shall take effect as of December 31, 
2007. 
(b) 
RATIFICATION
OF
EXISTING
CONTINGENT 
AGREEMENTS.—In the case of a provision of title 10 or 
37, United States Code, amended by section 611, 612, 
613, or 614 under which an individual must enter into 
an agreement with the Secretary concerned for receipt of 
a bonus, special pay, or similar benefit, the Secretary con-
cerned may treat any agreement entered into under such 
a provision during the period beginning on January 1, 
2008, and ending on the date of the enactment of this 
Act as having taken effect as of the date on which the 
agreement was signed by the individual. 
(c) TEMPORARY ADDITIONAL AGREEMENT AUTHOR-
ITY.— 
(1) AUTHORITY.—In the case of a provision of 
title 10 or 37, United States Code, amended by sec-
345 
tion 611, 612, 613, or 614 under which an indi-
vidual must enter into an agreement with the Sec-
retary concerned for receipt of a bonus, special pay, 
or similar benefit, the Secretary concerned, during 
the 120-day period beginning on the date of the en-
actment of this Act, may treat any agreement en-
tered into under such a provision by an individual 
described in paragraph (2) as having been signed by 
the individual during the period beginning on Janu-
ary 1, 2008, and ending on the date of the enact-
ment of this Act. 
(2) COVERED INDIVIDUALS.—An individual re-
ferred to in paragraph (1) is an individual who 
would have met all of the qualifications for a bonus, 
special pay, or similar benefit under a provision of 
title 10 or 37, United States Code, amended by sec-
tion 611, 612, 613, or 614 at any time during the 
period beginning on January 1, 2008, and ending on 
the date of the enactment of this Act, but for the 
fact that the statutory authority for the bonus, spe-
cial pay, or similar benefit lapsed on December 31, 
2007. 
(d) TAX TREATMENT.—The payment of a bonus, spe-
cial pay, or similar benefit under a provision of title 10 
or 37, United States Code, amended by section 611, 612,
346 
613, or 614 to an individual who would have been entitled 
to the tax treatment accorded by section 112 of the Inter-
nal Revenue Code of 1986 on the date on which the mem-
ber would have otherwise earned the bonus, special pay, 
or similar benefit, but for the fact that the statutory au-
thority for the bonus, special pay, or similar benefit lapsed 
on December 31, 2007, shall be treated as covered by such 
section 112. 
(e) RETROACTIVE IMPLEMENTATION OF ARMY RE-
FERRAL BONUS.—The Secretary of the Army may pay a 
bonus under section 3252 of title 10, United States Code, 
as added by section 671(a)(1), to an individual referred 
to in subsection (a)(2) of such section 3252 who made 
a referral, as described in subsection (b) of such section 
3252, to an Army recruiter during the period beginning 
on January 1, 2008, and ending on the date of the enact-
ment of this Act. 
(f) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ has the meaning 
given that term in section 101(5) of title 37, United States 
Code. 
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.— 
Section 308b(g) of title 37, United States Code, is amend-
347 
ed by striking ‘‘December 31, 2007’’ and inserting ‘‘De-
cember 31, 2008’’. 
(b) SELECTED RESERVE AFFILIATION OR ENLIST-
MENT BONUS.—Section 308c(i) of such title is amended 
by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem-
ber 31, 2008’’. 
(c) SPECIAL PAY
FOR ENLISTED MEMBERS AS-
SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 
308d(c) of such title is amended by striking ‘‘December 
31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(d) READY RESERVE ENLISTMENT BONUS FOR PER-
SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 
such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
(e) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec-
tion 308h(e) of such title is amended by striking ‘‘Decem-
ber 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(f) SELECTED RESERVE ENLISTMENT BONUS FOR 
PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 
title is amended by striking ‘‘December 31, 2007’’ and in-
serting ‘‘December 31, 2008’’.
348 
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR HEALTH CARE PRO-
FESSIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States 
Code, is amended by striking ‘‘December 31, 2007’’ and 
inserting ‘‘December 31, 2008’’. 
(b) REPAYMENT OF EDUCATION LOANS FOR CER-
TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
LECTED RESERVE.—Section 16302(d) of such title is 
amended by striking ‘‘January 1, 2008’’ and inserting 
‘‘January 1, 2009’’. 
(c) ACCESSION BONUS FOR REGISTERED NURSES.— 
Section 302d(a)(1) of title 37, United States Code, is 
amended by striking ‘‘December 31, 2007’’ and inserting 
‘‘December 31, 2008’’. 
(d) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of such title is amended 
by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem-
ber 31, 2008’’. 
(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH 
PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE-
CIALTIES.—Section 302g(e) of such title is amended by 
striking ‘‘December 31, 2007’’ and inserting ‘‘December 
31, 2008’’.
349 
(f) ACCESSION BONUS FOR DENTAL OFFICERS.— 
Section 302h(a)(1) of such title is amended by striking 
‘‘December 31, 2007’’ and inserting ‘‘December 31, 
2008’’. 
(g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 
Section 302j(a) of such title is amended by striking ‘‘De-
cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(h) ACCESSION BONUS FOR MEDICAL OFFICERS IN 
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section 
302k(f) of such title is amended by striking ‘‘December 
31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(i) ACCESSION BONUS FOR DENTAL SPECIALIST OF-
FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 
Section 302l(g) of such title is amended by striking ‘‘De-
cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU-
THORITIES FOR NUCLEAR OFFICERS. 
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI-
CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 
312(f) of title 37, United States Code, is amended by 
striking ‘‘December 31, 2007’’ and inserting ‘‘December 
31, 2008’’. 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 
312b(c) of such title is amended by striking ‘‘December 
31, 2007’’ and inserting ‘‘December 31, 2008’’.
350 
(c) 
NUCLEAR
CAREER
ANNUAL
INCENTIVE 
BONUS.—Section 312c(d) of such title is amended by 
striking ‘‘December 31, 2007’’ and inserting ‘‘December 
31, 2008’’. 
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL 
PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem-
ber 31, 2008’’. 
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Section 308(g) of such title is amended by strik-
ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 
2008’’. 
(c) ENLISTMENT BONUS.—Section 309(e) of such 
title is amended by striking ‘‘December 31, 2007’’ and in-
serting ‘‘December 31, 2008’’. 
(d) RETENTION BONUS FOR MEMBERS WITH CRIT-
ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY 
UNITS.—Section 323(i) of such title is amended by strik-
ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 
2008’’. 
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT-
ICAL SKILLS.—Section 324(g) of such title is amended by
351 
striking ‘‘December 31, 2007’’ and inserting ‘‘December 
31, 2008’’. 
(f) INCENTIVE BONUS FOR CONVERSION TO MILI-
TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL 
SHORTAGE.—Section 326(g) of such title is amended by 
striking ‘‘December 31, 2007’’ and inserting ‘‘December 
31, 2008’’. 
(g) 
ACCESSION
BONUS
FOR
OFFICER
CAN-
DIDATES.—Section 330(f) of such title is amended by 
striking ‘‘December 31, 2007’’ and inserting ‘‘December 
31, 2008’’. 
(h) PROHIBITION
ON CHARGES
FOR MEALS RE-
CEIVED AT MILITARY TREATMENT FACILITIES BY MEM-
BERS RECEIVING CONTINUOUS CARE.—Section 402(h)(3) 
of such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND 
MULTIYEAR RETENTION BONUS FOR MED-
ICAL OFFICERS. 
(a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of 
title 37, United States Code, is amended by striking 
‘‘$50,000’’ and inserting ‘‘$75,000’’. 
(b) 
MULTIYEAR
RETENTION
BONUS.—Section 
301d(a)(2) of title 37, United States Code, is amended 
by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’.
352 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to agreements entered 
into under section 301d(a) or 302b(c) of title 37, United 
States Code, on or after the date of the enactment of this 
Act. 
SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPE-
CIAL PAY. 
(a) INCREASE.—Section 302b(a)(4) of title 37, 
United States Code, is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘at the following rates’’ and inserting 
‘‘at a rate determined by the Secretary concerned, 
which rate may not exceed the following’’; 
(2) in subparagraph (A), by striking ‘‘$4,000’’ 
and inserting ‘‘$10,000’’; and 
(3) in subparagraph (B), by striking ‘‘$6,000’’ 
and inserting ‘‘$12,000’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to agreements entered 
into under section 302b(b) of title 37, United States Code, 
on or after the date of the enactment of this Act.
353 
SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF 
HARDSHIP DUTY PAY AND AUTHORITY TO 
PROVIDE HARDSHIP DUTY PAY IN A LUMP 
SUM. 
Section 305 of title 37, United States Code, is 
amended to read as follows: 
‘‘§ 305. Special pay: hardship duty pay 
‘‘(a) SPECIAL PAY AUTHORIZED.—A member of a 
uniformed service who is entitled to basic pay may be paid 
special pay under this section while the member is per-
forming duty that is designated by the Secretary of De-
fense as hardship duty. 
‘‘(b) PAYMENT
ON
MONTHLY
OR
LUMP
SUM 
BASIS.—Special pay payable under this section may be 
paid on a monthly basis or in a lump sum. 
‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The monthly 
rate of special pay payable to a member under this section 
may not exceed $1,500. 
‘‘(2) The amount of the lump sum payment of special 
pay payable to a member under this section may not ex-
ceed the product of— 
‘‘(A) the maximum monthly rate in effect under 
paragraph (1) at the time the member qualifies for 
payment of special pay under this section; and
354 
‘‘(B) the number of months during which the 
member will be performing the designated hardship 
duty. 
‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—Special pay paid to a member under this section 
is in addition to any other pay and allowances to which 
the member is entitled. 
‘‘(e) REPAYMENT.—A member who is paid special 
pay in a lump sum under this section, but who fails to 
perform the designated hardship duty during the months 
included in the calculation of the amount of the lump sum 
under subsection (c)(2), shall be subject to the repayment 
provisions of section 303a(e) of this title. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for the payment of hardship duty 
pay under this section, including the specific monthly rates 
at which the special pay will be available.’’. 
SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY 
TO INCLUDE SERVICE AS OFF-CYCLE CREW-
MEMBERS OF MULTI-CREW SHIPS. 
Section 305a(e)(1)(A) of title 37, United States 
Code, is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
and
355 
(2) by adding at the end the following new 
clause: 
‘‘(iv) while serving as an off-cycle crew-
member of a multi-crewed ship; or’’. 
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE 
SELECTED RESERVE. 
(a) MINIMUM TERM OF REENLISTMENT OR ENLIST-
MENT EXTENSION.—Subsection (a)(2) of 308b of title 37, 
United States Code, is amended by striking ‘‘his enlist-
ment for a period of three years or for a period of six 
years’’ and inserting ‘‘an enlistment for a period of at 
least three years’’. 
(b) MAXIMUM BONUS AMOUNT.—Subsection (b)(1) 
of such section is amended by striking ‘‘may not exceed’’ 
and all that follows through the end of the paragraph and 
inserting ‘‘may not exceed $15,000.’’. 
(c) CONFORMING AMENDMENTS REGARDING ELIGI-
BILITY REQUIREMENTS.—Subsection (c) of such section 
is amended— 
(1) by striking the subsection heading and all 
that follows through ‘‘(2) In the case’’ and inserting 
‘‘WAIVER OF CONDITION ON ELIGIBILITY.—In the 
case’’; and 
(2) by striking ‘‘paragraph (1)(B) or’’.
356 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to reenlistments or 
extensions of enlistment that occur on or after the date 
of the enactment of this Act. 
SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCES-
SION 
BONUS 
FOR 
PERSONS 
WHO 
PRE-
VIOUSLY SERVED IN THE ARMED FORCES 
FOR A SHORT PERIOD. 
Section 308c(c)(1) of title 37, United States Code, 
is amended by inserting before the semicolon the following: 
‘‘or has served in the armed forces, but was released from 
such service before completing the basic training require-
ments of the armed force of which the person was a mem-
ber and the service was characterized as either honorable 
or uncharacterized’’. 
SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINU-
ATION PAY FOR OFFICERS WITH MORE THAN 
26 YEARS OF COMMISSIONED SERVICE. 
(a) INCREASE.—Section 312 of title 37, United 
States Code, is amended— 
(1) in subsection (a)(3), by striking ‘‘26 years’’ 
and inserting ‘‘30 years’’; and 
(2) in subsection (e)(1), by striking ‘‘the end of 
26 years of commissioned service’’ and inserting
357 
‘‘the maximum number of years of commissioned 
service authorized by subsection (a)(3)’’. 
(b) EFFECT ON EXISTING AGREEMENTS.—The Sec-
retary of the Navy and an officer of the naval service who 
is a party to an agreement under section 312 of title 37, 
United States Code, that was entered into before the date 
of the enactment of this Act may revise the agreement 
to reflect the new limitation on the number of years of 
commissioned service that the officer may serve while re-
maining eligible for special pay under such section. 
SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON 
RECEIPT OF CRITICAL SKILLS RETENTION 
BONUS. 
Section 323(e) of title 37, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(4) The Secretary of Defense, or the Secretary of 
Homeland Security with respect to the Coast Guard when 
it is not operating as a service in the Navy, may waive 
the limitations in paragraph (1) with respect to a member 
who, during the period of active duty or service in an ac-
tive status in a reserve component for which the bonus 
is being offered, is assigned duties in a skill designated 
as critical under subsection (b)(1). The authority to grant 
a waiver under this paragraph may not be delegated below
358 
the Under Secretary of Defense for Personnel and Readi-
ness or the Deputy Secretary of the Department of Home-
land Security.’’. 
SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE 
ARMED 
FORCES 
HEALTH 
PROFESSIONS 
SCHOLARSHIP AND FINANCIAL ASSISTANCE 
PROGRAM. 
(a) ACCESSION BONUS AUTHORIZED.—Subchapter I 
of chapter 105 of title 10, United States Code, is amended 
by adding at the end the following new section: 
‘‘§ 2128. Accession bonus for members of the program 
‘‘(a) AVAILABILITY OF BONUS.—The Secretary of 
Defense may offer a person who enters into an agreement 
under section 2122(a)(2) of this title an accession bonus 
of not more than $20,000 as part of the agreement. 
‘‘(b) RELATION TO OTHER PAYMENTS.—An acces-
sion bonus paid a person under this section is in addition 
to any other amounts payable to the person under this 
subchapter. 
‘‘(c) REPAYMENT.—A person who receives an acces-
sion bonus under this section, but fails to comply with the 
agreement under section 2122(a)(2) of this title or to com-
mence or complete the active duty obligation imposed by 
section 2123 of this title, shall be subject to the repayment 
provisions of section 303a(e) of title 37.’’.
359 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2128. Accession bonus for members of the program.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to agreements en-
tered into under section 2122(a)(2) of title 10, United 
States Code, on or after the date of the enactment of this 
Act. 
SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR 
RESERVE MEMBERS SERVING IN COMBAT 
ZONE FOR MORE THAN 22 MONTHS. 
(a) PAYMENT.—The Secretary of a military depart-
ment may pay assignment incentive pay under section 
307a of title 37, United States Code, to a member of a 
reserve component under the jurisdiction of the Secretary 
for each month during the eligibility period of the member 
determined under subsection (b) during which the member 
served for any portion of the month in a combat zone asso-
ciated with Operating Enduring Freedom or Operation 
Iraqi Freedom in excess of 22 months of qualifying serv-
ice. 
(b) ELIGIBILITY PERIOD.—The eligibility period for 
a member extends from January 1, 2005, through the end 
of the active duty service of the member in a combat zone 
associated with Operating Enduring Freedom or Oper-
360 
ation Iraqi Freedom if the service on active duty during 
the member’s most recent period of mobilization to active 
duty began before January 19, 2007. 
(c) AMOUNT OF PAYMENT.—The monthly rate of in-
centive pay payable to a member under this section is 
$1,000. 
(d) QUALIFYING SERVICE.—For purposes of this sec-
tion, qualifying service includes cumulative mobilized serv-
ice on active duty under sections 12301(d), 12302, and 
12304 of title 10, United States Code, during the period 
beginning on January 1, 2003, through the end of the 
member’s active duty service during the member’s most 
recent period of mobilization to active duty beginning be-
fore January 19, 2007. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL 
COSTS FOR CERTAIN SELECTED RESERVE 
MEMBERS. 
(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 
(1) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is amended by inserting after section 
408 the following new section:
362 
‘‘(c) MAXIMUM
REIMBURSEMENT
AMOUNT.—The 
amount of reimbursement provided a member under sub-
section (a) for each round trip to a training location may 
not exceed $300. 
‘‘(d) REGULATIONS.—The Secretary concerned shall 
prescribe regulations to carry out this section. Regulations 
prescribed by the Secretary of a military department shall 
be subject to the approval of the Secretary of Defense. 
‘‘(e) TERMINATION.—No reimbursement may be pro-
vided under this section for travel that occurs after De-
cember 31, 2010.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of such title is 
amended by inserting after the item relating to sec-
tion 408 the following new item: 
‘‘408a. Travel and transportation allowances: inactive duty training outside of 
normal commuting distances.’’. 
(b) APPLICATION OF AMENDMENT.—No reimburse-
ment may be provided under section 408a of title 37, 
United States Code, as added by subsection (a), for travel 
costs incurred before the date of the enactment of this 
Act.
363 
SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE 
FOR TRANSPORTATION TO ATTEND BURIAL 
CEREMONIES. 
(a) ELIGIBLE RELATIVES.—Paragraph (1) of section 
411f(c) of title 37, United States Code, is amended— 
(1) by striking subparagraph (B) and inserting 
the following new subparagraph: 
‘‘(B) The child or children of the deceased 
member (including stepchildren, adopted children, 
and illegitimate children).’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(D) The sibling or siblings of the deceased 
member. 
‘‘(E) The person who directs the disposition of 
the remains of the deceased member under section 
1482(c) of title 10 or, in the case of a deceased 
member whose remains are commingled and buried 
in a common grave in a national cemetery, the per-
son who would have been designated under such sec-
tion to direct the disposition of the remains if indi-
vidual identification had been made.’’. 
(b) OTHER PERSONS.—Paragraph (2) of such section 
is amended to read as follows: 
‘‘(2) If no person described in subparagraphs (A) 
through (D) of paragraph (1) is provided travel and trans-
364 
portation allowances under subsection (a)(1), the travel 
and transportation allowances may be provided to one or 
two other persons who are closely related to the deceased 
member and are selected by the person referred to in para-
graph (1)(E). A person provided travel and transportation 
allowances under this paragraph is in addition to the per-
son referred to in paragraph (1)(E).’’. 
SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES 
IN ELECTRONIC SCREENING. 
(a) ALLOWANCE
FOR
PARTICIPATION
IN
ELEC-
TRONIC SCREENING.— 
(1) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is amended by inserting after section 
433 the following new section: 
‘‘§ 433a. Allowance for participation in Ready Re-
serve screening 
‘‘(a) ALLOWANCE AUTHORIZED.—(1) Under regula-
tions prescribed by the Secretaries concerned, a member 
of the Individual Ready Reserve may be paid a stipend 
for participation in the screening performed pursuant to 
section 10149 of title 10, in lieu of muster duty performed 
under section 12319 of title 10, if such participation is 
conducted through electronic means. 
‘‘(2) The stipend paid a member under this section 
shall constitute the sole monetary allowance authorized for
365 
participation in the screening described in paragraph (1), 
and shall constitute payment in full to the member for 
participation in such screening, regardless of the grade or 
rank in which the member is serving. 
‘‘(b) MAXIMUM PAYMENT.—The aggregate amount 
of the stipend paid a member of the Individual Ready Re-
serve under this section in any calendar year may not ex-
ceed $50. 
‘‘(c) PAYMENT REQUIREMENTS.—(1) The stipend 
authorized by this section may not be disbursed in kind. 
‘‘(2) Payment of a stipend to a member of the Indi-
vidual Ready Reserve under this section for participation 
in screening shall be made on or after the date of partici-
pation in such screening, but not later than 30 days after 
such date.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of such title is 
amended by inserting after the item relating to sec-
tion 433 the following new item: 
‘‘433a. Allowance for participation in Ready Reserve screening.’’. 
(b) BAR TO DUAL COMPENSATION.—Section 206 of 
such title is amended by adding at the end the following 
new subsection: 
‘‘(f) A member of the Individual Ready Reserve is 
not entitled to compensation under this section for partici-
366 
pation in screening for which the member is paid a stipend 
under section 433a of this title.’’. 
(c) 
BAR
TO
RETIREMENT
CREDIT.—Section 
12732(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(8) Service in the screening performed pursu-
ant to section 10149 of this title through electronic 
means, regardless of whether or not a stipend is 
paid the member concerned for such service under 
section 433a of title 37.’’. 
SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEM-
BERS OF THE ARMED FORCES TRAVELING IN 
CONNECTION WITH MEDICAL EVACUATION. 
Section 1047(a) of title 10, United States Code, is 
amended by inserting ‘‘and luggage’’ after ‘‘civilian cloth-
ing’’ both places it appears. 
SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RE-
SERVE 
OFFICERS’ 
TRAINING 
CORPS 
IN-
STRUCTORS IN HARD-TO-FILL POSITIONS. 
Section 2031 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f)(1) When determined by the Secretary of the mili-
tary department concerned to be in the national interest 
and agreed upon by the institution concerned, the institu-
367 
tion may reimburse a Junior Reserve Officers’ Training 
Corps instructor for moving expenses incurred by the in-
structor to accept employment at the institution in a posi-
tion that the Secretary concerned determines is hard-to- 
fill for geographic or economic reasons. 
‘‘(2) As a condition on providing reimbursement 
under paragraph (1), the institution shall require the in-
structor to execute a written agreement to serve a min-
imum of two years of employment at the institution in the 
hard-to-fill position. 
‘‘(3) Any reimbursement provided to an instructor 
under paragraph (1) is in addition to the minimum in-
structor pay otherwise payable to the instructor. 
‘‘(4) The Secretary concerned shall reimburse an in-
stitution providing reimbursement to an instructor under 
paragraph (1) in an amount equal to the amount of the 
reimbursement paid by the institution under that para-
graph. Any reimbursement provided by the Secretary con-
cerned shall be provided from funds appropriated for that 
purpose. 
‘‘(5) The provision of reimbursement under para-
graph (1) or (4) shall be subject to regulations prescribed 
by the Secretary of Defense for purposes of this sub-
section.’’.
368 
Subtitle D—Retired Pay and 
Survivor Benefits 
SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COM-
PENSATION ELIGIBILITY. 
(a) EXPANDED ELIGIBILITY FOR CHAPTER 61 MILI-
TARY RETIREES.—Subsection (c) of section 1413a of title 
10, United States Code, is amended by striking ‘‘entitled 
to retired pay who—’’ and all that follows and inserting 
‘‘who— 
‘‘(1) is entitled to retired pay (other than by 
reason of section 12731b of this title); and 
‘‘(2) has a combat-related disability.’’. 
(b) COMPUTATION.—Paragraph (3) of subsection (b) 
of such section is amended— 
(1) by striking ‘‘In the case of’’ and inserting 
the following: 
‘‘(A) GENERAL
RULE.—In the case of’’; 
and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) SPECIAL RULE FOR RETIREES WITH 
FEWER THAN 20 YEARS OF SERVICE.—In the 
case of an eligible combat-related disabled uni-
formed services retiree who is retired under 
chapter 61 of this title with fewer than 20
369 
years of creditable service, the amount of the 
payment under paragraph (1) for any month 
shall be reduced by the amount (if any) by 
which the amount of the member’s retired pay 
under chapter 61 of this title exceeds the 
amount equal to 21⁄2 percent of the member’s 
years of creditable service multiplied by the 
member’s retired pay base under section 
1406(b)(1) or 1407 of this title, whichever is 
applicable to the member.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2008, and shall 
apply to payments for months beginning on or after that 
date. 
SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CON-
NECTED DISABILITIES RATED AS TOTAL BY 
REASON OF UNEMPLOYABILITY UNDER TER-
MINATION OF PHASE-IN OF CONCURRENT RE-
CEIPT OF RETIRED PAY AND VETERANS’ DIS-
ABILITY COMPENSATION. 
(a) INCLUSION OF VETERANS.—Section 1414(a)(1) 
of title 10, United States Code, is amended by striking 
‘‘except that’’ and all that follows and inserting ‘‘except 
that payment of retired pay is subject to subsection (c)
370 
only during the period beginning on January 1, 2004, and 
ending on December 31, 2004, in the case of the following: 
‘‘(A) A qualified retiree receiving veterans’ 
disability compensation for a disability rated as 
100 percent. 
‘‘(B) A qualified retiree receiving veterans’ 
disability compensation at the rate payable for 
a 100 percent disability by reason of a deter-
mination of individual unemployability.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendment made by subsection (a) shall take ef-
fect as of December 31, 2004. 
(2) TIMING
OF
PAYMENT
OF
RETROACTIVE 
BENEFITS.—Any amount payable for a period before 
October 1, 2008, by reason of the amendment made 
by subsection (a) shall not be paid until after that 
date. 
SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PRE-
VIOUSLY PAID, BUT SUBJECT TO OFFSET FOR 
DEPENDENCY AND INDEMNITY COMPENSA-
TION. 
(a) LIMITATION
ON RECOUPMENT; NOTIFICATION 
REQUIREMENTS.—Section 1450(c) of title 10, United
371 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET 
AMOUNT.—Any amount subject to offset under this 
subsection that was previously paid to the surviving 
spouse or former spouse shall be recouped only to 
the extent that the amount paid exceeds any amount 
to be refunded under subsection (e). In notifying a 
surviving spouse or former spouse of the recoupment 
requirement, the Secretary shall provide the spouse 
or former spouse— 
‘‘(A) a single notice of the net amount to 
be recouped or the net amount to be refunded, 
as applicable, under this subsection or sub-
section (e); 
‘‘(B) a written explanation of the statutory 
requirements for recoupment of the offset 
amount and for refund of any applicable 
amount deducted from retired pay; 
‘‘(C) a detailed accounting of how the off-
set amount being recouped and retired pay de-
duction amount being refunded were calculated; 
and 
‘‘(D) contact information for a person who 
can provide information about the offset
372 
recoupment and retired pay deduction refund 
processes and answer questions the surviving 
spouse or former spouse may have about the re-
quirements, processes, or amounts.’’. 
(b) APPLICATION.—Paragraph (3) of subsection (c) 
of section 1450 of title 10, United States Code, as added 
by subsection (a), shall apply with respect to the 
recoupment on or after April 1, 2008, of amounts subject 
to offset under such subsection. 
SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 
PERSONS 
AFFECTED 
BY 
REQUIRED 
SUR-
VIVOR BENEFIT PLAN ANNUITY OFFSET FOR 
DEPENDENCY AND INDEMNITY COMPENSA-
TION. 
Section 1450 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(m) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— 
‘‘(1) PROVISION
OF
ALLOWANCE.—The Sec-
retary concerned shall pay a monthly special sur-
vivor indemnity allowance under this subsection to 
the surviving spouse or former spouse of a member 
of the uniformed services to whom section 1448 of 
this title applies if—
373 
‘‘(A) the surviving spouse or former spouse 
is entitled to dependency and indemnity com-
pensation under section 1311(a) of title 38; 
‘‘(B) except for subsection (c) of this sec-
tion, the surviving spouse or former spouse is 
eligible for an annuity by reason of a partici-
pant in the Plan under section 1448(a)(1) of 
this title; and 
‘‘(C) the eligibility of the surviving spouse 
or former spouse for an annuity as described in 
subparagraph (B) is affected by subsection (c) 
of this section. 
‘‘(2) AMOUNT OF PAYMENT.—Subject to para-
graph (3), the amount of the allowance paid to an 
eligible survivor under paragraph (1) for a month 
shall be equal to— 
‘‘(A) for months during fiscal year 2009, 
$50; 
‘‘(B) for months during fiscal year 2010, 
$60; 
‘‘(C) for months during fiscal year 2011, 
$70; 
‘‘(D) for months during fiscal year 2012, 
$80;
376 
‘‘(2) If a person covered by section 1475 or 1476 of 
this title has a spouse, but designates a person other than 
the spouse to receive all or a portion of the amount pay-
able under section 1478 of this title, the Secretary con-
cerned shall provide notice of the designation to the 
spouse. 
‘‘(b) DISTRIBUTION OF REMAINDER; DISTRIBUTION 
IN ABSENCE OF DESIGNATED RECIPIENT.—If a person 
covered by section 1475 or 1476 of this title does not 
make a designation under subsection (a) or designates 
only a portion of the amount payable under section 1478 
of this title, the amount of the death gratuity not covered 
by a designation shall be paid as follows: 
‘‘(1) To the surviving spouse of the person, if 
any. 
‘‘(2) If there is no surviving spouse, to any sur-
viving children (as prescribed by subsection (d)) of 
the person and the descendants of any deceased chil-
dren by representation. 
‘‘(3) If there is none of the above, to the sur-
viving parents (as prescribed by subsection (c)) of 
the person or the survivor of them. 
‘‘(4) If there is none of the above, to the duly- 
appointed executor or administrator of the estate of 
the person.
377 
‘‘(5) If there is none of the above, to other next 
of kin of the person entitled under the laws of domi-
cile of the person at the time of the person’s death. 
‘‘(c) TREATMENT OF PARENTS.—For purposes of 
subsection (b)(3), parents include fathers and mothers 
through adoption. However, only one father and one moth-
er may be recognized in any case, and preference shall 
be given to those who exercised a parental relationship on 
the date, or most nearly before the date, on which the de-
cedent entered a status described in section 1475 or 1476 
of this title.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
Subsection (e) of such section is amended— 
(1) by inserting ‘‘EFFECT OF DEATH BEFORE 
RECEIPT OF GRATUITY.—’’ after ‘‘(e)’’; 
(2) by striking ‘‘subsection (a) or (d)’’ and in-
serting ‘‘subsection (a) or (b)’’; and 
(3) by striking ‘‘subsection (a).’’ and inserting 
‘‘subsection (b)’’. 
(c) EXISTING DESIGNATION AUTHORITY.—The au-
thority provided by subsection (d) of section 1477 of title 
10, United States Code, as in effect on the day before 
the date of the enactment of this Act, shall remain avail-
able to persons covered by section 1475 or 1476 of such 
title until July 1, 2008, or such earlier date as the Sec-
378 
retary of Defense may prescribe, and any designation 
under such subsection made before July 1, 2008, or the 
earlier date prescribed by the Secretary, shall continue in 
effect until such time as the person who made the designa-
tion makes a new designation under such section 1477, 
as amended by subsection (a) of this section. 
(d) REGULATIONS.— 
(1) IN
GENERAL.—Not later than April 1, 
2008, the Secretary of Defense shall prescribe regu-
lations to implement the amendments to section 
1477 of title 10, United States Code, made by sub-
section (a). 
(2) ELEMENTS.—The regulations required by 
paragraph (1) shall include forms for the making of 
the designation contemplated by subsection (a) of 
section 1477 of title 10, United States Code, as 
amended by subsection (a) of this section, and in-
structions for members of the Armed Forces in the 
filling out of such forms. 
SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED 
PAY MULTIPLIER PERCENTAGE TO MEMBERS 
OF THE UNIFORMED SERVICES WITH OVER 30 
YEARS OF SERVICE. 
(a) COMPUTATION OF RETIRED AND RETAINER PAY 
FOR MEMBERS OF NAVAL SERVICE.—The table in section
379 
6333(a) of title 10, United States Code, is amended in 
Column 2 of Formula A by striking ‘‘75 percent.’’ and 
inserting ‘‘Retired pay multiplier prescribed under section 
1409 for the years of service that may be credited to the 
member under section 1405.’’. 
(b) RETIRED PAY
FOR CERTAIN MEMBERS RE-
CALLED TO ACTIVE DUTY.—The table in section 1402(a) 
of such title is amended by striking Column 3. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect as of January 1, 
2007, and shall apply with respect to retired pay and re-
tainer pay payable on or after that date. 
SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR 
SERVICE RETIRED PAY BY MEMBERS OF THE 
READY RESERVE ON ACTIVE FEDERAL STA-
TUS OR ACTIVE DUTY FOR SIGNIFICANT PE-
RIODS. 
(a) REDUCED ELIGIBILITY AGE.—Section 12731 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking paragraph (1) 
and inserting the following: 
‘‘(1) has attained the eligibility age applicable 
under subsection (f) to that person;’’; and 
(2) by adding at the end the following new sub-
section:
380 
‘‘(f)(1) Subject to paragraph (2), the eligibility age 
for purposes of subsection (a)(1) is 60 years of age. 
‘‘(2)(A) In the case of a person who as a member 
of the Ready Reserve serves on active duty or performs 
active service described in subparagraph (B) after the date 
of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008, the eligibility age for purposes 
of subsection (a)(1) shall be reduced below 60 years of 
age by three months for each aggregate of 90 days on 
which such person so performs in any fiscal year after 
such date, subject to subparagraph (C). A day of duty may 
be included in only one aggregate of 90 days for purposes 
of this subparagraph. 
‘‘(B)(i) Service on active duty described in this sub-
paragraph is service on active duty pursuant to a call or 
order to active duty under a provision of law referred to 
in section 101(a)(13)(B) or under section 12301(d) of this 
title. Such service does not include service on active duty 
pursuant to a call or order to active duty under section 
12310 of this title. 
‘‘(ii) Active service described in this subparagraph is 
also service under a call to active service authorized by 
the President or the Secretary of Defense under section 
502(f) of title 32 for purposes of responding to a national
381 
emergency declared by the President or supported by Fed-
eral funds. 
‘‘(C) The eligibility age for purposes of subsection 
(a)(1) may not be reduced below 50 years of age for any 
person under subparagraph (A).’’. 
(b) CONTINUATION OF AGE 60 AS MINIMUM AGE 
FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES 
FOR HEALTH CARE.—Section 1074(b) of such title is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Paragraph (1) does not apply to a member or 
former member entitled to retired pay for non-regular 
service under chapter 1223 of this title who is under 60 
years of age.’’. 
(c) ADMINISTRATION OF RELATED PROVISIONS OF 
LAW OR POLICY.—With respect to any provision of law, 
or of any policy, regulation, or directive of the executive 
branch that refers to a member or former member of the 
uniformed services as being eligible for, or entitled to, re-
tired pay under chapter 1223 of title 10, United States 
Code, but for the fact that the member or former member 
is under 60 years of age, such provision shall be carried 
out with respect to that member or former member by
383 
Subtitle E—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits 
SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EX-
CHANGE BENEFITS FOR CERTAIN INVOLUN-
TARILY 
SEPARATED 
MEMBERS 
OF 
THE 
ARMED FORCES. 
(a) RESUMPTION
FOR MEMBERS INVOLUNTARILY 
SEPARATED FROM ACTIVE DUTY.—Section 1146 of title 
10, United States Code, is amended— 
(1) by inserting ‘‘(a) MEMBERS
INVOLUN-
TARILY SEPARATED FROM ACTIVE DUTY.—’’ before 
‘‘The Secretary of Defense’’; 
(2) in the first sentence, by striking ‘‘October 
1, 1990, and ending on December 31, 2001’’ and in-
serting ‘‘October 1, 2007, and ending on December 
31, 2012’’; and 
(3) in the second sentence, by striking ‘‘the pe-
riod beginning on October 1, 1994, and ending on 
December 31, 2001’’ and inserting ‘‘the same pe-
riod’’. 
(b) EXTENSION TO MEMBERS INVOLUNTARILY SEPA-
RATED FROM SELECTED RESERVE.—Such section is fur-
ther amended by adding at the end the following new sub-
section:
384 
‘‘(b) MEMBERS INVOLUNTARILY SEPARATED FROM 
SELECTED RESERVE.—The Secretary of Defense shall 
prescribe regulations to allow a member of the Selected 
Reserve of the Ready Reserve who is involuntarily sepa-
rated from the Selected Reserve as a result of the exercise 
of the force shaping authority of the Secretary concerned 
under section 647 of this title or other force shaping au-
thority during the period beginning on October 1, 2007, 
and ending on December 31, 2012, to continue to use 
commissary and exchange stores during the two-year pe-
riod beginning on the date of the involuntary separation 
of the member in the same manner as a member on active 
duty. The Secretary of Homeland Security shall imple-
ment this provision for Coast Guard members involun-
tarily separated during the same period.’’. 
SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS 
FROM 
PAY 
OF 
EMPLOYEES 
OF 
NON-
APPROPRIATED FUND INSTRUMENTALITIES 
TO COLLECT INDEBTEDNESS TO THE UNITED 
STATES. 
Section 5514 of title 5, United States Code, is 
amended— 
(1) in subsection (a)(5), by inserting ‘‘any non-
appropriated fund instrumentality described in sec-
tion 2105(c) of this title,’’ after ‘‘Commission,’’; and
385 
(2) by adding at the end the following new sub-
section: 
‘‘(e) An employee of a nonappropriated fund instru-
mentality described in section 2105(c) of this title is 
deemed an employee covered by this section.’’. 
Subtitle F—Consolidation of Spe-
cial Pay, Incentive Pay, and 
Bonus Authorities 
SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE 
PAY, AND BONUS AUTHORITIES OF THE UNI-
FORMED SERVICES. 
(a) CONSOLIDATION.—Chapter 5 of title 37, United 
States Code, is amended— 
(1) by inserting before section 301 the following 
subchapter heading: 
‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, 
INCENTIVE PAY, AND BONUS AUTHORITIES’’; 
and 
(2) by adding at the end the following new sub-
chapters:
386 
‘‘SUBCHAPTER II—CONSOLIDATION OF SPE-
CIAL PAY, INCENTIVE PAY, AND BONUS AU-
THORITIES 
‘‘§ 331. General bonus authority for enlisted members 
‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Sec-
retary concerned may pay a bonus under this section to 
a person, including a member of the armed forces, who— 
‘‘(1) enlists in an armed force; 
‘‘(2) enlists in or affiliates with a reserve com-
ponent of an armed force; 
‘‘(3) reenlists, voluntarily extends an enlist-
ment, or otherwise agrees to serve— 
‘‘(A) for a specified period in a designated 
career field, skill, or unit of an armed force; or 
‘‘(B) under other conditions of service in 
an armed force; 
‘‘(4) transfers from a regular component of an 
armed force to a reserve component of that same 
armed force or from a reserve component of an 
armed force to the regular component of that same 
armed force; or 
‘‘(5) transfers from a regular component or re-
serve component of an armed force to a regular com-
ponent or reserve component of another armed force, 
subject to the approval of the Secretary with juris-
387 
diction over the armed force to which the member is 
transferring. 
‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 
subsection (a) may be paid to a person or member only 
if the person or member agrees under subsection (d)— 
‘‘(1) to serve for a specified period in a des-
ignated career field, skill, unit, or grade; or 
‘‘(2) to meet some other condition or conditions 
of service imposed by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNT
AND METHOD
OF PAY-
MENT.— 
‘‘(1) MAXIMUM AMOUNT.—The Secretary con-
cerned shall determine the amount of a bonus to be 
paid under this section, except that— 
‘‘(A) a bonus paid under paragraph (1) or 
(2) of subsection (a) may not exceed $50,000 
for a minimum two-year period of obligated 
service agreed to under subsection (d); 
‘‘(B) a bonus paid under paragraph (3) of 
subsection (a) may not exceed $30,000 for each 
year of obligated service in a regular component 
agreed to under subsection (d); 
‘‘(C) a bonus paid under paragraph (3) of 
subsection (a) may not exceed $15,000 for each
388 
year of obligated service in a reserve component 
agreed to under subsection (d); and 
‘‘(D) a bonus paid under paragraph (4) or 
(5) of subsection (a) may not exceed $10,000. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 
under this section may be paid in a lump sum or in 
periodic installments, as determined by the Secretary 
concerned. 
‘‘(3) FIXING
BONUS
AMOUNT.—Upon accept-
ance by the Secretary concerned of the written 
agreement required by subsection (d), the total 
amount of the bonus to be paid under the agreement 
shall be fixed. 
‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 
under this section, a person or member determined to be 
eligible for the bonus shall enter into a written agreement 
with the Secretary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—A bonus paid to a person or member under this
389 
section is in addition to any other pay and allowance to 
which the person or member is entitled. 
‘‘(f) RELATIONSHIP
TO PROHIBITION
ON BOUN-
TIES.—A bonus authorized under this section is not a 
bounty for purposes of section 514(a) of title 10. 
‘‘(g) REPAYMENT.—A person or member who re-
ceives a bonus under this section and who fails to complete 
the period of service, or meet the conditions of service, 
for which the bonus is paid, as specified in the written 
agreement under subsection (d), shall be subject to the 
repayment provisions of section 373 of this title. 
‘‘(h) TERMINATION OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2009. 
‘‘§ 332. General bonus authority for officers 
‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Sec-
retary concerned may pay a bonus under this section to 
a person, including an officer in the uniformed services, 
who— 
‘‘(1) accepts a commission or appointment as 
an officer in a uniformed service; 
‘‘(2) affiliates with a reserve component of a 
uniformed service;
390 
‘‘(3) agrees to remain on active duty or to serve 
in an active status for a specific period as an officer 
in a uniformed service; 
‘‘(4) transfers from a regular component of a 
uniformed service to a reserve component of that 
same uniformed service or from a reserve component 
of a uniformed service to the regular component of 
that same uniformed service; or 
‘‘(5) transfers from a regular component or re-
serve component of a uniformed service to a regular 
component or reserve component of another uni-
formed service, subject to the approval of the Sec-
retary with jurisdiction over the uniformed service to 
which the member is transferring. 
‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 
subsection (a) may be paid to a person or officer only if 
the person or officer agrees under subsection (d)— 
‘‘(1) to serve for a specified period in a des-
ignated career field, skill, unit, or grade; or 
‘‘(2) to meet some other condition or conditions 
of service imposed by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNT
AND METHOD
OF PAY-
MENT.—
391 
‘‘(1) MAXIMUM AMOUNT.—The Secretary con-
cerned shall determine the amount of a bonus to be 
paid under this section, except that— 
‘‘(A) a bonus paid under paragraph (1) of 
subsection (a) may not exceed $60,000 for a 
minimum three-year period of obligated service 
agreed to under subsection (d); 
‘‘(B) a bonus paid under paragraph (2) of 
subsection (a) may not exceed $12,000 for a 
minimum three-year period of obligated service 
agreed to under subsection (d); 
‘‘(C) a bonus paid under paragraph (3) of 
subsection (a) may not exceed $50,000 for each 
year of obligated service in a regular component 
agreed to under subsection (d); 
‘‘(D) a bonus paid under paragraph (3) of 
subsection (a) may not exceed $12,000 for each 
year of obligated service in a reserve component 
agreed to under subsection (d); and 
‘‘(E) a bonus paid under paragraph (4) or 
(5) of subsection (a) may not exceed $10,000. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 
under this section may be paid in a lump sum or in 
periodic installments, as determined by the Secretary 
concerned.
392 
‘‘(3) FIXING
BONUS
AMOUNT.—Upon accept-
ance by the Secretary concerned of the written 
agreement required by subsection (d), the total 
amount of the bonus to be paid under the agreement 
shall be fixed. 
‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 
under this section, a person or officer determined to be 
eligible for the bonus shall enter into a written agreement 
with the Secretary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—The bonus paid to a person or officer under this 
section is in addition to any other pay and allowance to 
which the person or officer is entitled. 
‘‘(f) REPAYMENT.—A person or officer who receives 
a bonus under this section and who fails to complete the 
period of service, or meet the conditions of service, for 
which the bonus is paid, as specified in the written agree-
ment under subsection (d), shall be subject to the repay-
ment provisions of section 373 of this title.
393 
‘‘(g) TERMINATION OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2009. 
‘‘§ 333. Special bonus and incentive pay authorities 
for nuclear officers 
‘‘(a) NUCLEAR OFFICER BONUS.—The Secretary of 
the Navy may pay a nuclear officer bonus under this sec-
tion to a person, including an officer in the Navy, who— 
‘‘(1) is selected for the officer naval nuclear 
power training program in connection with the su-
pervision, operation, and maintenance of naval nu-
clear propulsion plants and agrees to serve, upon 
completion of such training, on active duty in con-
nection with the supervision, operation, and mainte-
nance of naval nuclear propulsion plants; or 
‘‘(2) has the current technical and operational 
qualification for duty in connection with the super-
vision, operation, and maintenance of naval nuclear 
propulsion plants and agrees to remain on active 
duty in connection with the supervision, operation, 
and maintenance of naval nuclear propulsion plants. 
‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.—The Sec-
retary of the Navy may pay nuclear officer incentive pay 
under this section to an officer in the Navy who—
394 
‘‘(1) is entitled to basic pay under section 204 
of this title; and 
‘‘(2) remains on active duty for a specified pe-
riod while maintaining current technical and oper-
ational qualifications, as approved by the Secretary, 
for duty in connection with the supervision, oper-
ation, and maintenance of naval nuclear propulsion 
plants. 
‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec-
retary of the Navy may impose such additional criteria 
for the receipt of a nuclear officer bonus or nuclear officer 
incentive pay under this section as the Secretary deter-
mines to be appropriate. 
‘‘(d) MAXIMUM AMOUNT
AND METHOD
OF PAY-
MENT.— 
‘‘(1) MAXIMUM AMOUNT.—The Secretary of the 
Navy shall determine the amounts of a nuclear offi-
cer bonus or nuclear officer incentive pay to be paid 
under this section, except that— 
‘‘(A) a nuclear officer bonus paid under 
subsection (a) may not exceed $35,000 for each 
12-month period of the agreement under sub-
section (e); and 
‘‘(B) the amount of nuclear officer incen-
tive paid under subsection (b) may not exceed
395 
$25,000 for each 12-month period of qualifying 
service. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A nuclear 
officer bonus or nuclear officer incentive pay under 
this section may be paid in a lump sum or in peri-
odic installments. 
‘‘(3) FIXING
BONUS
AMOUNT.—Upon accept-
ance by the Secretary concerned of the written 
agreement required by subsection (e), the total 
amount of the nuclear officer bonus to be paid under 
the agreement shall be fixed. 
‘‘(e) WRITTEN AGREEMENT FOR BONUS.— 
‘‘(1) AGREEMENT REQUIRED.—To receive a nu-
clear officer bonus under subsection (a), a person or 
officer determined to be eligible for the bonus shall 
enter into a written agreement with the Secretary of 
the Navy that specifies— 
‘‘(A) the amount of the bonus; 
‘‘(B) the method of payment of the bonus 
under subsection (d)(2); 
‘‘(C) the period of obligated service; and 
‘‘(D) the type or conditions of the service. 
‘‘(2) REPLACEMENT
AGREEMENT.—An officer 
who is performing obligated service under an agree-
ment for a nuclear officer bonus may execute a new
396 
agreement to replace the existing agreement if the 
amount to be paid under the new agreement will be 
higher than the amount to be paid under the exist-
ing agreement. The period of the new agreement 
shall be equal to or exceed the remaining term of the 
period of the officer’s existing agreement. If a new 
agreement is executed under this paragraph, the ex-
isting agreement shall be cancelled, effective on the 
day before an anniversary date of the existing agree-
ment occurring after the date on which the amount 
to be paid under this paragraph is increased. 
‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—A nuclear officer bonus or nuclear officer incen-
tive pay paid to a person or officer under this section is 
in addition to any other pay and allowance to which the 
person or officer is entitled, except that a person or officer 
may not receive a payment under this section and section 
332 or 353 of this title for the same skill and period of 
service. 
‘‘(g) REPAYMENT.—A person or officer who receives 
a nuclear officer bonus or nuclear officer incentive pay 
under this section and who fails to complete the officer 
naval nuclear power training program, maintain required 
technical and operational qualifications, complete the pe-
riod of service, or meet the types or conditions of service
397 
for which the bonus or incentive pay is paid, as specified 
in the written agreement under subsection (e) in the case 
of a nuclear officer bonus, shall be subject to the repay-
ment provisions of section 373 of this title. 
‘‘(h) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by the Secretary of the 
Navy. 
‘‘(i) TERMINATION OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2009. 
‘‘§ 334. Special aviation incentive pay and bonus au-
thorities for officers 
‘‘(a) AVIATION INCENTIVE PAY.—The Secretary con-
cerned may pay aviation incentive pay under this section 
to an officer in a regular or reserve component of a uni-
formed service who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of 
this title; 
‘‘(2) maintains, or is in training leading to, an 
aeronautical rating or designation that qualifies the 
officer to engage in operational flying duty or pro-
ficiency flying duty;
398 
‘‘(3) engages in, or is in training leading to, fre-
quent and regular performance of operational flying 
duty or proficiency flying duty; 
‘‘(4) engages in or remains in aviation service 
for a specified period; and 
‘‘(5) meets such other criteria as the Secretary 
concerned determines appropriate. 
‘‘(b) AVIATION BONUS.—The Secretary concerned 
may pay an aviation bonus under this section to an officer 
in a regular or reserve component of a uniformed service 
who— 
‘‘(1) is entitled to aviation incentive pay under 
subsection (a); 
‘‘(2) has completed any active duty service com-
mitment incurred for undergraduate aviator training 
or is within one year of completing such commit-
ment; 
‘‘(3) executes a written agreement to remain on 
active duty in a regular component or to serve in an 
active status in a reserve component in aviation 
service for at least one year; and 
‘‘(4) meets such other criteria as the Secretary 
concerned determines appropriate. 
‘‘(c) MAXIMUM AMOUNT
AND METHOD
OF PAY-
MENT.—
399 
‘‘(1) MAXIMUM AMOUNT.—The Secretary con-
cerned shall determine the amount of a bonus or in-
centive pay to be paid under this section, except 
that— 
‘‘(A) aviation incentive pay under sub-
section (a) shall be paid at a monthly rate, not 
to exceed $850 per month; and 
‘‘(B) an aviation bonus under subsection 
(b) may not exceed $25,000 for each 12-month 
period of obligated service agreed to under sub-
section (d). 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 
under this section may be paid in a lump sum or in 
periodic installments, as determined by the Secretary 
concerned. 
‘‘(3) FIXING
BONUS
AMOUNT.—Upon accept-
ance by the Secretary concerned of the written 
agreement required by subsection (d), the total 
amount of the bonus to be paid under the agreement 
shall be fixed. 
‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive 
an aviation officer bonus under this section, an officer de-
termined to be eligible for the bonus shall enter into a 
written agreement with the Secretary concerned that 
specifies—
400 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RESERVE COMPONENT OFFICERS PERFORMING 
INACTIVE DUTY TRAINING.—A reserve component officer 
who is entitled to compensation under section 206 of this 
title and who is authorized aviation incentive pay under 
this section may be paid an amount of incentive pay that 
is proportionate to the compensation received under sec-
tion 206 for inactive-duty training. 
‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.— 
‘‘(1) AVIATION INCENTIVE PAY.—Aviation in-
centive pay paid to an officer under subsection (a) 
shall be in addition to any other pay and allowance 
to which the officer is entitled, except that an officer 
may not receive a payment under such subsection 
and section 351 or 353 of this title for the same 
skill and period of service. 
‘‘(2) AVIATION
BONUS.—An aviation bonus 
paid to an officer under subsection (b) shall be in 
addition to any other pay and allowance to which the 
officer is entitled, except that an officer may not re-
401 
ceive a payment under such subsection and section 
332 or 353 of this title for the same skill and period 
of service. 
‘‘(g) REPAYMENT.—An officer who receives aviation 
incentive pay or an aviation bonus under this section and 
who fails to fulfill the eligibility requirements for the re-
ceipt of the incentive pay or bonus or complete the period 
of service for which the incentive pay or bonus is paid, 
as specified in the written agreement under subsection (d) 
in the case of a bonus, shall be subject to the repayment 
provisions of section 373 of this title. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘aviation service’ means service 
performed by an officer in a regular or reserve com-
ponent (except a flight surgeon or other medical offi-
cer) while holding an aeronautical rating or designa-
tion or while in training to receive an aeronautical 
rating or designation. 
‘‘(2) The term ‘operational flying duty’ means 
flying performed under competent orders by rated or 
designated regular or reserve component officers 
while serving in assignments in which basic flying 
skills normally are maintained in the performance of 
assigned duties as determined by the Secretary con-
cerned, and flying performed by members in training
402 
that leads to the award of an aeronautical rating or 
designation. 
‘‘(3) The term ‘proficiency flying duty’ means 
flying performed under competent orders by rated or 
designated regular or reserve component officers 
while serving in assignments in which such skills 
would normally not be maintained in the perform-
ance of assigned duties. 
‘‘(4) The term ‘officer’ includes an individual 
enlisted and designated as an aviation cadet under 
section 6911 of title 10. 
‘‘(i) TERMINATION OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2009. 
‘‘§ 335. Special bonus and incentive pay authorities 
for officers in health professions 
‘‘(a) HEALTH PROFESSIONS BONUS.—The Secretary 
concerned may pay a health professions bonus under this 
section to a person, including an officer in the uniformed 
services, who is a graduate of an accredited school in a 
health profession and who— 
‘‘(1) accepts a commission or appointment as 
an officer in a regular or reserve component of a 
uniformed service, or affiliates with a reserve compo-
nent of a uniformed service, and agrees to serve on
403 
active duty in a regular component or in an active 
status in a reserve component in a health profession; 
‘‘(2) accepts a commission or appointment as 
an officer and whose health profession specialty is 
designated by the Secretary of Defense as a criti-
cally short wartime specialty; or 
‘‘(3) agrees to remain on active duty or con-
tinue serving in an active status in a reserve compo-
nent in a health profession. 
‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.—The 
Secretary concerned may pay incentive pay under this sec-
tion to an officer in a regular or reserve component of 
a uniformed service who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of 
this title; and 
‘‘(2) is serving on active duty or in an active 
status in a designated health profession specialty or 
skill. 
‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.—The 
Secretary concerned may pay board certification incentive 
pay under this section to an officer in a regular or reserve 
component of a uniformed service who—
404 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of 
this title; 
‘‘(2) is board certified in a designated health 
profession specialty or skill; and 
‘‘(3) is serving on active duty or in an active 
status in such designated health profession specialty 
or skill. 
‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec-
retary concerned may impose such additional criteria for 
the receipt of a bonus or incentive pay under this section 
as the Secretary determines to be appropriate. 
‘‘(e) MAXIMUM AMOUNT
AND METHOD
OF PAY-
MENT.— 
‘‘(1) MAXIMUM AMOUNT.—The Secretary con-
cerned shall determine the amounts of a bonus or in-
centive pay to be paid under this section, except 
that— 
‘‘(A) a health professions bonus paid under 
paragraph (1) of subsection (a) may not exceed 
$30,000 for each 12-month period of obligated 
service agreed to under subsection (f); 
‘‘(B) a health professions bonus paid under 
paragraph (2) of subsection (a) may not exceed
405 
$100,000 for each 12-month period of obligated 
service agreed to under subsection (f); 
‘‘(C) a health professions bonus paid under 
paragraph (3) of subsection (a) may not exceed 
$75,000 for each 12-month period of obligated 
service agreed to under subsection (f); 
‘‘(D) health professions incentive pay 
under subsection (b) may be paid monthly and 
may not exceed, in any 12-month period— 
‘‘(i) $100,000 for medical officers and 
dental surgeons; and 
‘‘(ii) $15,000 for officers in other 
health professions; and 
‘‘(E) board certification incentive pay 
under subsection (c) may not exceed $6,000 for 
each 12-month period an officer remains cer-
tified in the designated health profession spe-
cialty or skill. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A health 
professions bonus under subsection (a) may be paid 
in a lump sum or in periodic installments, as deter-
mined by the Secretary concerned. Board certifi-
cation incentive pay under subsection (c) may be 
paid monthly, in a lump sum at the beginning of the 
certification period, or in periodic installments dur-
406 
ing the certification period, as determined by the 
Secretary concerned. 
‘‘(3) FIXING
BONUS
AMOUNT.—Upon accept-
ance by the Secretary concerned of the written 
agreement required by subsection (f), the total 
amount of the health professions bonus to be paid 
under the agreement shall be fixed. 
‘‘(f) WRITTEN AGREEMENT FOR BONUS.—To receive 
a bonus under this section, an officer determined to be 
eligible for the bonus shall enter into a written agreement 
with the Secretary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (e)(2); 
‘‘(3) the period of obligated service; 
‘‘(4) whether the service will be performed on 
active duty or in an active status in a reserve com-
ponent; and 
‘‘(5) the type or conditions of the service. 
‘‘(g) RESERVE COMPONENT OFFICERS.—An officer 
in a reserve component authorized incentive pay under 
subsection (b) or (c) who is not serving on continuous ac-
tive duty and is entitled to compensation under section 
204 of this title or compensation under section 206 of this 
title may be paid a monthly amount of incentive pay that
407 
is proportionate to the basic pay or compensation received 
under this title. 
‘‘(h) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.— 
‘‘(1) HEALTH PROFESSIONS BONUS.—A bonus 
paid to a person or officer under subsection (a) shall 
be in addition to any other pay and allowance to 
which the person or officer is entitled, except that a 
person or officer may not receive a payment under 
such subsection and section 332 of this title for the 
same period of obligated service. 
‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.— 
Incentive pay paid to an officer under subsection (b) 
shall be in addition to any other pay and allowance 
to which an officer is entitled, except that an officer 
may not receive a payment under such subsection 
and section 353 of this title for the same skill and 
period of service. 
‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.— 
Incentive pay paid to an officer under subsection (c) 
shall be in addition to any other pay and allowance 
to which an officer is entitled, except that an officer 
may not receive a payment under such subsection 
and section 353(b) of this title for the same skill 
and period of service covered by the certification.
408 
‘‘(i) REPAYMENT.—An officer who receives a bonus 
or incentive pay under this section and who fails to fulfill 
the eligibility requirements for the receipt of the bonus 
or incentive pay or complete the period of service for which 
the bonus or incentive pay is paid, as specified in the writ-
ten agreement under subsection (f) in the case of a bonus, 
shall be subject to the repayment provisions of section 373 
of this title. 
‘‘(j) HEALTH PROFESSION DEFINED.—In this sec-
tion, the term ‘health profession’ means the following: 
‘‘(1) Any health profession performed by offi-
cers in the Medical Corps of a uniformed service or 
by officers designated as a medical officer. 
‘‘(2) Any health profession performed by offi-
cers in the Dental Corps of a uniformed service or 
by officers designated as a dental officer. 
‘‘(3) Any health profession performed by offi-
cers in the Medical Service Corps of a uniformed 
service or by officers designated as a medical service 
officer or biomedical sciences officer. 
‘‘(4) Any health profession performed by offi-
cers in the Medical Specialist Corps of a uniformed 
service or by officers designated as a medical spe-
cialist.
409 
‘‘(5) Any health profession performed by offi-
cers of the Nurse Corps of a uniformed service or 
by officers designated as a nurse. 
‘‘(6) Any health profession performed by offi-
cers in the Veterinary Corps of a uniformed service 
or by officers designated as a veterinary officer. 
‘‘(7) Any health profession performed by offi-
cers designated as a physician assistant. 
‘‘(8) Any health profession performed by offi-
cers in the regular or reserve corps of the Public 
Health Service. 
‘‘(k) TERMINATION OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2009. 
‘‘§ 351. Hazardous duty pay 
‘‘(a) HAZARDOUS DUTY PAY.—The Secretary con-
cerned may pay hazardous duty pay under this section to 
a member of a regular or reserve component of the uni-
formed services entitled to basic pay under section 204 
of this title or compensation under section 206 of this title 
who— 
‘‘(1) performs duty in a hostile fire area des-
ignated by the Secretary concerned, is exposed to a 
hostile fire event, explosion of a hostile explosive de-
vice, or any other hostile action, or is on duty during
410 
a month in an area in which a hostile event occurred 
which placed the member in grave danger of physical 
injury; 
‘‘(2) performs duty designated by the Secretary 
concerned as hazardous duty based upon the inher-
ent dangers of that duty and risks of physical injury; 
or 
‘‘(3) performs duty in a foreign area designated 
by the Secretary concerned as an area in which the 
member is subject to imminent danger of physical 
injury due to threat conditions. 
‘‘(b) MAXIMUM AMOUNT.—The amount of hazardous 
duty pay paid to a member under subsection (a) shall be 
based on the type of duty and the area in which the duty 
is performed, as follows: 
‘‘(1) In the case of a member who performs 
duty in a designated hostile fire area, as described 
in subsection (a)(1), hazardous duty pay may not 
exceed $450 per month. 
‘‘(2) In the case of a member who performs a 
designated hazardous duty, as described in sub-
section (a)(2), hazardous duty pay may not exceed 
$250 per month. 
‘‘(3) In the case of a member who performs 
duty in a foreign area designated as an imminent
411 
danger area, as described in subsection (a)(3), haz-
ardous duty pay may not exceed $250 per month. 
‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay 
shall be paid on a monthly basis. A member who is eligible 
for hazardous duty pay by reason of subsection (a) shall 
receive the full monthly rate of hazardous duty pay au-
thorized by the Secretary concerned under such para-
graph, notwithstanding subsection (d). 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.—A member of a reserve com-
ponent entitled to compensation under section 206 of this 
title who is authorized hazardous duty pay under this sec-
tion may be paid an amount of hazardous duty pay that 
is proportionate to the compensation received by the mem-
ber under section 206 of this title for inactive-duty train-
ing. 
‘‘(e) ADMINISTRATION
AND
RETROACTIVE
PAY-
MENTS.—The effective date for the designation of a hos-
tile fire area, as described in paragraph (1) of subsection 
(a), and for the designation of a foreign area as an immi-
nent danger area, as described in paragraph (3) of such 
subsection, may be a date that occurs before, on, or after 
the actual date of the designation by the Secretary con-
cerned.
412 
‘‘(f) DETERMINATION OF FACT.—Any determination 
of fact that is made in administering subsection (a) is con-
clusive. The determination may not be reviewed by any 
other officer or agency of the United States unless there 
has been fraud or gross negligence. However, the Sec-
retary concerned may change the determination on the 
basis of new evidence or for other good cause. The regula-
tions prescribed to administer this section shall define the 
activities that are considered hazardous for purposes of 
subsection (a)(2). 
‘‘(g) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.— 
‘‘(1) IN ADDITION TO OTHER PAY AND ALLOW-
ANCES.—A member may be paid hazardous duty pay 
under this section in addition to any other pay and 
allowances to which the member is entitled. The reg-
ulations prescribed to administer this section shall 
address dual compensation under this section for 
multiple circumstances involving performance of a 
designated hazardous duty, as described in para-
graph (2) of subsection (a), or for duty in certain 
designated areas, as described in paragraph (1) or 
(3) of such subsection, that is performed by a mem-
ber during a single month of service.
413 
‘‘(2) LIMITATION.—A member may not receive 
hazardous duty pay under this section for a month 
for more than three qualifying instances described in 
subsection (a)(2). 
‘‘(h) PROHIBITION ON VARIABLE RATES.—The regu-
lations prescribed to administer this section may not in-
clude varied criteria or rates for payment of hazardous 
duty for officers and enlisted members. 
‘‘(i) TERMINATION OF AUTHORITY.—No hazardous 
duty pay under this section may be paid after December 
31, 2009. 
‘‘§ 352. Assignment pay or special duty pay 
‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHOR-
IZED.—The Secretary concerned may pay assignment or 
special duty pay under this section to a member of a reg-
ular or reserve component of the uniformed services who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of 
this title; and 
‘‘(2) performs duties in an assignment, location, 
or unit designated by, and under the conditions of 
service specified by, the Secretary concerned. 
‘‘(b) MAXIMUM AMOUNT
AND METHOD
OF PAY-
MENT.—
414 
‘‘(1) LUMP SUM OR INSTALLMENTS.—Assign-
ment or special duty pay under subsection (a) may 
be paid monthly, in a lump sum, or in periodic in-
stallments other than monthly, as determined by the 
Secretary concerned. 
‘‘(2) MAXIMUM MONTHLY AMOUNT.—The max-
imum monthly amount of assignment or special duty 
pay may not exceed $5,000. 
‘‘(3) MAXIMUM
LUMP
SUM
AMOUNT.—The 
amount of a lump sum payment of assignment or 
special duty pay payable to a member may not ex-
ceed the amount equal to the product of— 
‘‘(A) the maximum monthly rate author-
ized under paragraph (2) at the time the mem-
ber enters into a written agreement under sub-
section (c); and 
‘‘(B) the number of continuous months in 
the period for which assignment or special duty 
pay will be paid pursuant to the agreement. 
‘‘(4) MAXIMUM
INSTALLMENT
AMOUNT.—The 
amount of each installment payment of assignment 
or special duty pay payable to a member on an in-
stallment basis may not exceed the amount equal 
to— 
‘‘(A) the product of—
415 
‘‘(i) a monthly rate specified in the 
written agreement entered into under sub-
section (c), which monthly rate may not 
exceed the maximum monthly rate author-
ized under paragraph (2) at the time the 
member enters into the agreement; and 
‘‘(ii) 
the 
number 
of 
continuous 
months in the period for which the assign-
ment or special duty pay will be paid; di-
vided by 
‘‘(B) the number of installments over such 
period. 
‘‘(5) EFFECT OF EXTENSION.—If a member ex-
tends an assignment or performance of duty speci-
fied in an agreement with the Secretary concerned 
under subsection (c), assignment or special duty pay 
for the period of the extension may be paid on a 
monthly basis, in a lump sum, or in installments, 
consistent with this subsection. 
‘‘(c) WRITTEN AGREEMENT.— 
‘‘(1) DISCRETIONARY
FOR
MONTHLY
PAY-
MENTS.—The Secretary concerned may require a 
member to enter into a written agreement with the 
Secretary in order to qualify for the payment of as-
signment or special duty pay on a monthly basis.
416 
The written agreement shall specify the period for 
which the assignment or special duty pay will be 
paid to the member and the monthly rate of the as-
signment or special duty pay. 
‘‘(2) REQUIRED FOR LUMP SUM OR INSTALL-
MENT
PAYMENTS.—The Secretary concerned shall 
require a member to enter into a written agreement 
with the Secretary in order to qualify for payment 
of assignment or special duty pay on a lump sum or 
installment basis. The written agreement shall speci-
fy the period for which the assignment or special 
duty pay will be paid to the member and the amount 
of the lump sum or each periodic installment. 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.—A member of a reserve com-
ponent entitled to compensation under section 206 of this 
title who is authorized assignment or special duty pay 
under this section may be paid an amount of assignment 
or special duty pay that is proportionate to the compensa-
tion received by the member under section 206 of this title 
for inactive-duty training. 
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—Assignment or special duty pay paid to a mem-
ber under this section is in addition to any other pay and 
allowances to which the member is entitled.
417 
‘‘(f) REPAYMENT.—A member who receives assign-
ment or special duty pay under this section and who fails 
to fulfill the eligibility requirements under subsection (a) 
for receipt of such pay shall be subject to the repayment 
provisions of section 373 of this title. 
‘‘(g) TERMINATION OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2009. 
‘‘§ 353. Skill incentive pay or proficiency bonus 
‘‘(a) SKILL INCENTIVE PAY.—The Secretary con-
cerned may pay a monthly skill incentive pay to a member 
of a regular or reserve component of the uniformed serv-
ices who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of 
this title; and 
‘‘(2) serves in a career field or skill designated 
as critical by the Secretary concerned. 
‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary 
concerned may pay a proficiency bonus to a member of 
a regular or reserve component of the uniformed services 
who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of 
this title; and
418 
‘‘(2) is determined to have, and maintains, cer-
tified proficiency under subsection (d) in a skill des-
ignated as critical by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNTS AND METHODS OF PAY-
MENT.— 
‘‘(1) SKILL
INCENTIVE
PAY.—Skill incentive 
pay under subsection (a) shall be paid monthly in an 
amount not to exceed $1,000 per month. 
‘‘(2) 
PROFICIENCY
BONUS.—A 
proficiency 
bonus under subsection (b) may be paid in a lump 
sum at the beginning of the proficiency certification 
period or in periodic installments during the pro-
ficiency certification period. The amount of the 
bonus may not exceed $12,000 for each 12-month 
period of certification. The Secretary concerned may 
not vary the criteria or rates for the proficiency 
bonus paid for officers and enlisted members. 
‘‘(d) CERTIFIED PROFICIENCY
FOR PROFICIENCY 
BONUS.— 
‘‘(1) CERTIFICATION
REQUIRED.—Proficiency 
in a designated critical skill for purposes of sub-
section (b) shall be subject to annual certification by 
the Secretary concerned. 
‘‘(2) DURATION OF CERTIFICATION.—A certifi-
cation period for purposes of subsection (c)(2) shall
419 
expire at the end of the one-year period beginning 
on the first day of the first month beginning on or 
after the certification date. 
‘‘(3) 
WAIVER.—Notwithstanding 
paragraphs 
(1) and (2), the regulations prescribed to administer 
this section shall address the circumstances under 
which the Secretary concerned may waive the certifi-
cation requirement under paragraph (1) or extend a 
certification period under paragraph (2). 
‘‘(e) WRITTEN AGREEMENT.— 
‘‘(1) DISCRETIONARY
FOR
SKILL
INCENTIVE 
PAY.—The Secretary concerned may require a mem-
ber to enter into a written agreement with the Sec-
retary in order to qualify for the payment of skill in-
centive pay under subsection (a). The written agree-
ment shall specify the period for which the skill in-
centive pay will be paid to the member and the 
monthly rate of the pay. 
‘‘(2) REQUIRED
FOR
PROFICIENCY
BONUS.— 
The Secretary concerned shall require a member to 
enter into a written agreement with the Secretary in 
order to qualify for payment of a proficiency bonus 
under subsection (b). The written agreement shall 
specify the amount of the proficiency bonus, the pe-
riod for which the bonus will be paid, and the initial
420 
certification or recertification necessary for payment 
of the proficiency bonus. 
‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.— 
‘‘(1) PRORATION.—A member of a reserve com-
ponent entitled to compensation under section 206 
of this title who is authorized skill incentive pay 
under subsection (a) or a skill proficiency bonus 
under subsection (b) may be paid an amount of the 
pay or bonus, as the case may be, that is propor-
tionate to the compensation received by the member 
under section 206 of this title for inactive-duty 
training. 
‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PRO-
FICIENCY.—No reduction in the amount of a skill 
proficiency bonus may be made under paragraph (1) 
in the case of a member of a reserve component who 
is authorized the bonus because of the member’s 
proficiency in a foreign language. 
‘‘(g) REPAYMENT.—A member who receives skill in-
centive pay or a proficiency bonus under this section and 
who fails to fulfill the eligibility requirement for receipt 
of the pay or bonus shall be subject to the repayment pro-
visions of section 373 of this title.
421 
‘‘(h) RELATIONSHIP TO OTHER PAYS AND ALLOW-
ANCES.—A member may not be paid more than one pay 
under this section in any month for the same period of 
service and skill. A member may be paid skill incentive 
pay or the proficiency bonus under this section in addition 
to any other pay and allowances to which the member is 
entitled, except that a member may not be paid skill incen-
tive pay or a proficiency bonus under this section and haz-
ardous duty pay under section 351 of this title for the 
same period of service in the same career field or skill. 
‘‘(i) TERMINATION OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2009. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘§ 371. Relationship to other incentives and pays 
‘‘(a) TREATMENT.—A bonus or incentive pay paid to 
a member of the uniformed services under subchapter II 
is in addition to any other pay and allowance to which 
a member is entitled, unless otherwise provided under this 
chapter. 
‘‘(b) EXCEPTION.—A member may not receive a 
bonus or incentive pay under both subchapter I and sub-
chapter II for the same activity, skill, or period of service. 
‘‘(c) RELATIONSHIP TO OTHER COMPUTATIONS.— 
The amount of a bonus or incentive pay to which a mem-
427 
Authorization Act for Fiscal Year 2008) or section 
354’’. 
(c) TRANSFER
OF RETENTION INCENTIVES
FOR 
MEMBERS QUALIFIED IN CRITICAL MILITARY SKILLS OR 
ASSIGNED TO HIGH PRIORITY UNITS.— 
(1) TRANSFER.—Section 323 of title 37, United 
States Code, as amended by sections 614 and 622, 
is transferred to appear after section 354 of sub-
chapter II of chapter 5 of such title, as transferred 
and redesignated by subsection (b)(1), and is redes-
ignated as section 355. 
(2) CONFORMING AMENDMENT.—Subsection (g) 
of such section, as so transferred and redesignated, 
is amended by striking ‘‘section 303a(e)’’ and insert-
ing ‘‘section 373’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 5 of title 37, United States 
Code, is amended to read as follows: 
‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS 
AUTHORITIES 
‘‘Sec. 
‘‘301. Incentive pay: hazardous duty. 
‘‘301a. Incentive pay: aviation career. 
‘‘301b. Special pay: aviation career officers extending period of active duty. 
‘‘301c. Incentive pay: submarine duty. 
‘‘301d. Multiyear retention bonus: medical officers of the armed forces. 
‘‘301e. Multiyear retention bonus: dental officers of the armed forces. 
‘‘302. Special pay: medical officers of the armed forces. 
‘‘302a. Special pay: optometrists. 
‘‘302b. Special pay: dental officers of the armed forces. 
‘‘302c. Special pay: psychologists and nonphysician health care providers. 
‘‘302d. Special pay: accession bonus for registered nurses. 
‘‘302e. Special pay: nurse anesthetists.
428 
‘‘302f. Special pay: reserve, recalled, or retained health care officers. 
‘‘302g. Special pay: Selected Reserve health care professionals in critically short 
wartime specialties. 
‘‘302h. Special pay: accession bonus for dental officers. 
‘‘302i. Special pay: pharmacy officers. 
‘‘302j. Special pay: accession bonus for pharmacy officers. 
‘‘302k. Special pay: accession bonus for medical officers in critically short war-
time specialties. 
‘‘302l. Special pay: accession bonus for dental specialist officers in critically 
short wartime specialties. 
‘‘303. Special pay: veterinarians. 
‘‘303a. Special pay: general provisions. 
‘‘303b. Waiver of board certification requirements. 
‘‘304. Special pay: diving duty. 
‘‘305. Special pay: hardship duty pay. 
‘‘305a. Special pay: career sea pay. 
‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil 
Support Team. 
‘‘306. Special pay: officers holding positions of unusual responsibility and of 
critical nature. 
‘‘306a. Special pay: members assigned to international military headquarters. 
‘‘307. Special pay: special duty assignment pay for enlisted members. 
‘‘307a. Special pay: assignment incentive pay. 
‘‘308. Special pay: reenlistment bonus. 
‘‘308b. Special pay: reenlistment bonus for members of the Selected Reserve. 
‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. 
‘‘308d. Special pay: members of the Selected Reserve assigned to certain high 
priority units. 
‘‘308g. Special pay: bonus for enlistment in elements of the Ready Reserve other 
than the Selected Reserve. 
‘‘308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension 
of enlistment in elements of the Ready Reserve other than the 
Selected Reserve. 
‘‘308i. Special pay: prior service enlistment bonus. 
‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve. 
‘‘309. Special pay: enlistment bonus. 
‘‘310. Special pay: duty subject to hostile fire or imminent danger. 
‘‘312. Special pay: nuclear-qualified officers extending period of active duty. 
‘‘312b. Special pay: nuclear career accession bonus. 
‘‘312c. Special pay: nuclear career annual incentive bonus. 
‘‘314. Special pay or bonus: qualified members extending duty at designated lo-
cations overseas. 
‘‘315. Special pay: engineering and scientific career continuation pay. 
‘‘316. Special pay: bonus for members with foreign language proficiency. 
‘‘317. Special pay: officers in critical acquisition positions extending period of 
active duty. 
‘‘318. Special pay: special warfare officers extending period of active duty. 
‘‘319. Special pay: surface warfare officer continuation pay. 
‘‘320. Incentive pay: career enlisted flyers. 
‘‘321. Special pay: judge advocate continuation pay. 
‘‘324. Special pay: accession bonus for new officers in critical skills. 
‘‘325. Incentive bonus: savings plan for education expenses and other contin-
gencies. 
‘‘326. Incentive bonus: conversion to military occupational specialty to ease per-
sonnel shortage.
429 
‘‘327. Incentive bonus: transfer between armed forces. 
‘‘328. Combat-related injury rehabilitation pay. 
‘‘329. Incentive bonus: retired members and reserve component members volun-
teering for high-demand, low-density assignments. 
‘‘330. Special pay: accession bonus for officer candidates. 
‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES 
‘‘331. General bonus authority for enlisted members. 
‘‘332. General bonus authority for officers. 
‘‘333. Special bonus and incentive pay authorities for nuclear officers. 
‘‘334. Special aviation incentive pay and bonus authorities for officers. 
‘‘335. Special bonus and incentive pay authorities for officers in health profes-
sions. 
‘‘351. Hazardous duty pay. 
‘‘352. Assignment pay or special duty pay. 
‘‘353. Skill incentive pay or proficiency bonus. 
‘‘354. Special pay: 15-year career status bonus for members entering service on 
or after August 1, 1986. 
‘‘355. Special pay: retention incentives for members qualified in critical military 
skills or assigned to high priority units. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘371. Relationship to other incentives and pays. 
‘‘372. Continuation of pays during hospitalization and rehabilitation resulting 
from wounds, injury, or illness incurred while on duty in a hos-
tile fire area or exposed to an event of hostile fire or other hos-
tile action. 
‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit 
when conditions of payment not met. 
‘‘374. Regulations.’’. 
SEC. 662. TRANSITIONAL PROVISIONS. 
(a) IMPLEMENTATION PLAN.— 
(1) DEVELOPMENT.—The Secretary of Defense 
shall develop a plan to implement subchapters II 
and III of chapter 5 of title 37, United States Code, 
as added by section 661(a), and to correspondingly 
transition all of the special and incentive pay pro-
grams for members of the uniformed services solely 
to provisions of such subchapters.
430 
(2) SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
shall submit the implementation plan to the congres-
sional defense committees. 
(b) TRANSITION PERIOD.—During a transition pe-
riod of not more than 10 years beginning on the date of 
the enactment of this Act, the Secretary of Defense, the 
Secretary of a military department, and the Secretaries 
referred to in subsection (d) may continue to use the au-
thorities in provisions in subchapter I of chapter 5 of title 
37, United States Code, as designated by section 661(a), 
but subject to the terms of such provisions and such modi-
fications as the Secretary of Defense may include in the 
implementation plan, to provide bonuses and special and 
incentive pays for members of the uniformed services. 
(c) NOTICE OF IMPLEMENTATION OF NEW AUTHORI-
TIES.—Not less than 30 days before the date on which 
a special pay or bonus authority provided under sub-
chapter II of chapter 5 of title 37, United States Code, 
as added by section 661(a), is first utilized, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a notice of the implementation of the authority, 
including whether, as a result of implementation of the 
authority, a corresponding authority in subchapter I of
431 
such chapter, as designated by section 661(a), will no 
longer be used. 
(d) COORDINATION.—The Secretary of Defense shall 
prepare the implementation plan in coordination with— 
(1) the Secretary of Homeland Security, with 
respect to the Coast Guard; 
(2) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
(3) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
(e) NO EFFECT ON FISCAL YEAR 2008 OBLIGA-
TIONS.—During fiscal year 2008, obligations incurred 
under subchapters I, II, and III of chapter 5 of title 37, 
United States Code, as amended by section 661, to provide 
bonuses, incentive pays, special pays, and similar pay-
ments to members of the uniformed services under such 
subchapters may not exceed the obligations that would be 
incurred in the absence of the amendments made by such 
section. 
Subtitle G—Other Matters 
SEC. 671. REFERRAL BONUS AUTHORITIES. 
(a) CODIFICATION AND MODIFICATION OF ARMY RE-
FERRAL BONUS AUTHORITY.—
432 
(1) ARMY REFERRAL BONUS.—Chapter 333 of 
title 10, United States Code, is amended by insert-
ing after section 3251 the following new section: 
‘‘§ 3252. Bonus to encourage Army personnel to refer 
persons for enlistment in the Army 
‘‘(a) AUTHORITY TO PAY BONUS.— 
‘‘(1) AUTHORITY.—The Secretary of the Army 
may pay a bonus under this section to an individual 
referred to in paragraph (2) who refers to an Army 
recruiter a person who has not previously served in 
an armed force and who, after such referral, enlists 
in the regular component of the Army or in the 
Army National Guard or Army Reserve. 
‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub-
ject to subsection (c), the following individuals are 
eligible for a referral bonus under this section: 
‘‘(A) A member in the regular component 
of the Army. 
‘‘(B) A member of the Army National 
Guard. 
‘‘(C) A member of the Army Reserve. 
‘‘(D) A member of the Army in a retired 
status, including a member under 60 years of 
age who, but for age, would be eligible for re-
tired pay.
433 
‘‘(E) A civilian employee of the Depart-
ment of the Army. 
‘‘(b) REFERRAL.—For purposes of this section, a re-
ferral for which a bonus may be paid under subsection 
(a) occurs— 
‘‘(1) when the individual concerned contacts an 
Army recruiter on behalf of a person interested in 
enlisting in the Army; or 
‘‘(2) when a person interested in enlisting in 
the Army contacts the Army recruiter and informs 
the recruiter of the role of the individual concerned 
in initially recruiting the person. 
‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 
‘‘(1) REFERRAL
OF
IMMEDIATE
FAMILY.—A 
member of the Army or civilian employee of the De-
partment of the Army may not be paid a bonus 
under subsection (a) for the referral of an immediate 
family member. 
‘‘(2) MEMBERS
IN
RECRUITING
ROLES.—A 
member of the Army or civilian employee of the De-
partment of the Army serving in a recruiting or re-
tention assignment, or assigned to other duties re-
garding which eligibility for a bonus under sub-
section (a) could (as determined by the Secretary) be
434 
perceived as creating a conflict of interest, may not 
be paid a bonus under subsection (a). 
‘‘(3) JUNIOR
RESERVE
OFFICERS’ TRAINING 
CORPS INSTRUCTORS.—A member of the Army de-
tailed under subsection (c)(1) of section 2031 of this 
title to serve as an administrator or instructor in the 
Junior Reserve Officers’ Training Corps program or 
a retired member of the Army employed as an ad-
ministrator or instructor in the program under sub-
section (d) of such section may not be paid a bonus 
under subsection (a). 
‘‘(d) AMOUNT OF BONUS.—The amount of the bonus 
payable for a referral under subsection (a) may not exceed 
$2,000. The amount shall be payable as provided in sub-
section (e). 
‘‘(e) PAYMENT.—A bonus payable for a referral of 
a person under subsection (a) shall be paid as follows: 
‘‘(1) Not more than $1,000 shall be paid upon 
the commencement of basic training by the person. 
‘‘(2) Not more than $1,000 shall be paid upon 
the completion of basic training and individual ad-
vanced training by the person. 
‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.— 
The referral bonus authorized by this section is not a 
bounty for purposes of section 514(a) of this title.
435 
‘‘(g) COORDINATION WITH RECEIPT OF RETIRED 
PAY.—A bonus paid under this section to a member of 
the Army in a retired status is in addition to any com-
pensation to which the member is entitled under this title, 
title 37 or 38, or any other provision of law. 
‘‘(h) DURATION OF AUTHORITY.—A bonus may not 
be paid under subsection (a) with respect to any referral 
that occurs after December 31, 2008.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 3251 
the following new item: 
‘‘3252. Bonus to encourage Army personnel to refer persons for enlistment in 
the Army.’’. 
(b) BONUS FOR REFERRAL OF PERSONS FOR AP-
POINTMENT AS OFFICERS TO SERVE IN HEALTH PRO-
FESSIONS.— 
(1) 
HEALTH
PROFESSIONS
REFERRAL 
BONUS.—Chapter 53 of such title is amended by in-
serting before section 1031 the following new sec-
tion: 
‘‘§ 1030. Bonus to encourage Department of Defense 
personnel to refer persons for appoint-
ment as officers to serve in health profes-
sions 
‘‘(a) AUTHORITY TO PAY BONUS.—
436 
‘‘(1) AUTHORITY.—The Secretary of Defense 
may authorize the appropriate Secretary to pay a 
bonus under this section to an individual referred to 
in paragraph (2) who refers to a military recruiter 
a person who has not previously served in an armed 
force and, after such referral, takes an oath of en-
listment that leads to appointment as a commis-
sioned officer, or accepts an appointment as a com-
missioned officer, in an armed force in a health pro-
fession designated by the appropriate Secretary for 
purposes of this section. 
‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub-
ject to subsection (c), the following individuals are 
eligible for a referral bonus under this section: 
‘‘(A) A member of the armed forces in a 
regular component of the armed forces. 
‘‘(B) A member of the armed forces in a 
reserve component of the armed forces. 
‘‘(C) A member of the armed forces in a 
retired status, including a member under 60 
years of age who, but for age, would be eligible 
for retired or retainer pay. 
‘‘(D) A civilian employee of a military de-
partment or the Department of Defense.
437 
‘‘(b) REFERRAL.—For purposes of this section, a re-
ferral for which a bonus may be paid under subsection 
(a) occurs— 
‘‘(1) when the individual concerned contacts a 
military recruiter on behalf of a person interested in 
taking an oath of enlistment that leads to appoint-
ment as a commissioned officer, or accepting an ap-
pointment as a commissioned officer, as applicable, 
in an armed force in a health profession; or 
‘‘(2) when a person interested in taking an oath 
of enlistment that leads to appointment as a com-
missioned officer, or accepting an appointment as a 
commissioned officer, as applicable, in an armed 
force in a health profession contacts a military re-
cruiter and informs the recruiter of the role of the 
individual concerned in initially recruiting the per-
son. 
‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 
‘‘(1) REFERRAL
OF
IMMEDIATE
FAMILY.—A 
member of the armed forces or civilian employee of 
a military department or the Department of Defense 
may not be paid a bonus under subsection (a) for 
the referral of an immediate family member. 
‘‘(2) MEMBERS
IN
RECRUITING
ROLES.—A 
member of the armed forces or civilian employee of
438 
a military department or the Department of Defense 
serving in a recruiting or retention assignment, or 
assigned to other duties regarding which eligibility 
for a bonus under subsection (a) could (as deter-
mined by the appropriate Secretary) be perceived as 
creating a conflict of interest, may not be paid a 
bonus under subsection (a). 
‘‘(3) JUNIOR
RESERVE
OFFICERS’ TRAINING 
CORPS
INSTRUCTORS.—A member of the armed 
forces detailed under subsection (c)(1) of section 
2031 of this title to serve as an administrator or in-
structor in the Junior Reserve Officers’ Training 
Corps program or a retired member of the armed 
forces employed as an administrator or instructor in 
the program under subsection (d) of such section 
may not be paid a bonus under subsection (a). 
‘‘(d) AMOUNT OF BONUS.—The amount of the bonus 
payable for a referral under subsection (a) may not exceed 
$2,000. The amount shall be payable as provided in sub-
section (e). 
‘‘(e) PAYMENT.—A bonus payable for a referral of 
a person under subsection (a) shall be paid as follows: 
‘‘(1) Not more than $1,000 shall be paid upon 
the execution by the person of an agreement to serve
440 
‘‘(i) DURATION OF AUTHORITY.—A bonus may not 
be paid under subsection (a) with respect to any referral 
that occurs after December 31, 2008.’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting before the item relating to section 1031 
the following new item: 
‘‘1030. Bonus to encourage Department of Defense personnel to refer persons 
for appointment as officers to serve in health professions.’’. 
(c) REPEAL
OF
SUPERSEDED
ARMY
REFERRAL 
BONUS AUTHORITY.— 
(1) REPEAL.—Section 645 of the National De-
fense Authorization Act for Fiscal Year 2006 (Pub-
lic Law 109–163) is repealed. 
(2) PAYMENT
OF
BONUSES
UNDER
SUPER-
SEDED AUTHORITY.—Any bonus payable under sec-
tion 645 of the National Defense Authorization Act 
for Fiscal Year 2006, as in effect before its repeal 
by paragraph (1), shall remain payable after that 
date and shall be paid in accordance with the provi-
sions of such section, as in effect on the day before 
the date of the enactment of this Act.
441 
SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT 
PROGRAM FOR MEMBERS OF THE SELECTED 
RESERVE. 
(a) ADDITIONAL EDUCATIONAL LOANS ELIGIBLE 
FOR REPAYMENT.—Paragraph (1) of subsection (a) of 
section 16301 of title 10, United States Code, is amend-
ed— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; or’’; and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) any loan incurred for educational purposes 
made by a lender that is— 
‘‘(i) an agency or instrumentality of a 
State; 
‘‘(ii) a financial or credit institution (in-
cluding an insurance company) that is subject 
to examination and supervision by an agency of 
the United States or any State; 
‘‘(iii) a pension fund approved by the Sec-
retary for purposes of this section; or 
‘‘(iv) a nonprofit private entity designated 
by a State, regulated by that State, and ap-
442 
proved by the Secretary for purposes of this 
section.’’. 
(b) PARTICIPATION OF OFFICERS IN PROGRAM.— 
Such subsection is further amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘Except as provided in 
paragraph (3), the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(B) by striking ‘‘an enlisted member of the 
Selected Reserve of the Ready Reserve of an 
armed force in a reserve component and mili-
tary specialty’’ and inserting ‘‘a member of the 
Selected Reserve of the Ready Reserve of an 
armed force in a reserve component and in an 
officer program or military specialty’’; and 
(2) by striking paragraph (3). 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 16301. Education loan repayment program: mem-
bers of Selected Reserve’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1609 of such title is 
amended by striking the item relating to section 
16301 and inserting the following new item: 
‘‘16301. Education loan repayment program: members of Selected Reserve.’’.
443 
SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER 
TIME ABROAD FOR PERMANENT RESIDENT 
ALIEN MILITARY SPOUSES AND CHILDREN. 
Section 284 of the Immigration and Nationality Act 
(8 U.S.C. 1354) is amended— 
(1) by striking ‘‘Nothing’’ and inserting ‘‘(a) 
Nothing’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) If a person lawfully admitted for permanent resi-
dence is the spouse or child of a member of the Armed 
Forces of the United States, is authorized to accompany 
the member and reside abroad with the member pursuant 
to the member’s official orders, and is so accompanying 
and residing with the member (in marital union if a 
spouse), then the residence and physical presence of the 
person abroad shall not be treated as— 
‘‘(1) an abandonment or relinquishment of law-
ful permanent resident status for purposes of clause 
(i) of section 101(a)(13)(C); or 
‘‘(2) an absence from the United States for 
purposes of clause (ii) of such section.’’.
444 
SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY 
SPOUSES AND CHILDREN. 
(a) SPOUSES.—Section 319 of the Immigration and 
Nationality Act (8 U.S.C. 1430) is amended by adding 
at the end the following new subsection: 
‘‘(e)(1) In the case of a person lawfully admitted for 
permanent residence in the United States who is the 
spouse of a member of the Armed Forces of the United 
States, is authorized to accompany such member and re-
side abroad with the member pursuant to the member’s 
official orders, and is so accompanying and residing with 
the member in marital union, such residence and physical 
presence abroad shall be treated, for purposes of sub-
section (a) and section 316(a), as residence and physical 
presence in— 
‘‘(A) the United States; and 
‘‘(B) any State or district of the Department of 
Homeland Security in the United States. 
‘‘(2) Notwithstanding any other provision of law, a 
spouse described in paragraph (1) shall be eligible for nat-
uralization proceedings overseas pursuant to section 
1701(d) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 
1443a).’’.