167 
SEC. 526. TREATMENT OF CERTAIN SERVICE AS JOINT 
DUTY EXPERIENCE. 
(a) VICE
CHIEFS, ARMY
AND
AIR
NATIONAL 
GUARD.—Section 10506(a)(3) of title 10, United States 
Code is amended— 
(1) by redesignating subparagraphs (C), (D), 
and (E) as subparagraphs (D), (E), and (F), respec-
tively; and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) Service of an officer as adjutant general shall 
be treated as joint duty experience for purposes of assign-
ment or promotion to any position designated by law as 
open to a National Guard general officer.’’. 
(b) ADJUTANTS
GENERAL
AND
SIMILAR
OFFI-
CERS.—The service of an officer of the Armed Forces as 
adjutant general, or as an officer (other than adjutant 
general) of the National Guard of a State who performs 
the duties of adjutant general under the laws of such 
State, shall be treated as joint duty or joint duty experi-
ence for purposes of any provisions of law required such 
duty or experience as a condition of assignment or pro-
motion. 
(c) REPORT
ON DUTY
IN JOINT FORCE HEAD-
QUARTERS TO QUALIFY AS JOINT DUTY EXPERIENCE.— 
Not later than April 1, 2009, the Chief of the National
168 
Guard Bureau shall, in consultation with the adjutants 
general of the National Guard, submit to the Chairman 
of the Joint Chiefs of Staff and to Congress a report set-
ting forth the recommendations of the Chief of the Na-
tional Guard Bureau as to which duty of officers of the 
National Guard in the Joint Force Headquarters of the 
National Guard of the States should qualify as joint duty 
or joint duty experience for purposes of the provisions of 
law requiring such duty or experience as a condition of 
assignment or promotion. 
(d) REPORTS ON JOINT EDUCATION COURSES.—Not 
later than April 1 of each of 2009, 2010, and 2011, the 
Chairman of the Joint Chiefs of Staff shall submit to Con-
gress a report setting forth information on the joint edu-
cation courses available through the Department of De-
fense for purposes of the pursuit of joint careers by offi-
cers in the Armed Forces. Each report shall include, for 
the preceding year, the following: 
(1) A list and description of the joint education 
courses so available during such year. 
(2) A list and description of the joint education 
courses listed under paragraph (1) that are available 
to and may be completed by officers of the reserve 
components of the Armed Forces in other than an
169 
in-resident duty status under title 10 or 32, United 
States Code. 
(3) For each course listed under paragraph (1), 
the number of officers from each Armed Force who 
pursued such course during such year, including the 
number of officers of the Army National Guard, and 
of the Air National Guard, who pursued such course. 
(e) MEMORANDUM OF UNDERSTANDING REGARDING 
THE UNITED STATES NORTHERN COMMAND AND OTHER 
COMBATANT COMMANDS.— 
(1) MEMORANDUM REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, 
the Commander of the United States Northern Com-
mand, the Commander of the United States Pacific 
Command, and the Chief of the National Guard Bu-
reau shall, with the approval of the Secretary of De-
fense, jointly enter into a memorandum of under-
standing setting forth the operational relationships, 
and individual roles and responsibilities, during re-
sponses to domestic emergencies among the United 
States Northern Command, the United States Pa-
cific Command, and the National Guard Bureau. 
(2) MODIFICATION.—The Commander of the 
United States Northern Command, the Commander 
of the United States Pacific Command, and the
170 
Chief of the National Guard Bureau may from time 
to time modify the memorandum of understanding 
under this subsection to address changes in cir-
cumstances and for such other purposes as the Com-
mander of the United States Northern Command, 
the Commander of the United States Pacific Com-
mand, and the Chief of the National Guard Bureau 
jointly consider appropriate. Each such modification 
shall be subject to the approval of the Secretary of 
Defense. 
(f) REPORT ON DEFENSE OF THE HOMELAND.— 
(1) REVIEW.—The Secretary of Defense, in 
consultation with the Chief of the National Guard 
Bureau, shall conduct a review of the role of the De-
partment of Defense in the defense of the homeland. 
In conducting that review, the Secretary shall— 
(A) assess section II of the Final Report to 
Congress and the Secretary of Defense of the 
Commission on the National Guard and Re-
serves, dated January 31, 2008, and titled 
‘‘Transforming the National Guard and Re-
serves into a 21st-Century Operational Force’’; 
and
171 
(B) comment on recommendation number 
2 under section II of the report described in 
subparagraph (A). 
(2) REPORT.—Not later than April 1, 2009, the 
Secretary of Defense shall issue to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a 
report on the review. 
Subtitle D—General Service 
Authorities 
SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLIST-
MENT TERM. 
(a) INCREASE TO EIGHT-YEAR MAXIMUM.—Section 
505(d) of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘six years’’ 
and inserting ‘‘eight years’’; and 
(2) in paragraph (3)(A), by striking ‘‘six years’’ 
and inserting ‘‘eight years’’. 
(b) CONFORMING AMENDMENT REGARDING REEN-
LISTMENT BONUS.—Section 308(a)(2)(ii) of title 37, 
United States Code, is amended by striking ‘‘not to exceed 
six’’.
172 
SEC. 532. CAREER INTERMISSION PILOT PROGRAM. 
(a) PROGRAM AUTHORIZED.—Chapter 40 of title 10, 
United States Code, is amended by inserting after section 
708 the following new section: 
‘‘§ 708a. Career intermission pilot program 
‘‘(a) PROGRAM AUTHORIZED.—(1) The Secretary of 
a military department may establish a pilot program 
under which an officer or enlisted member of an armed 
force under the jurisdiction of the Secretary— 
‘‘(A) is released from active duty for a period 
not to exceed the period specified in subsection 
(c)(1) to meet personal or professional needs of the 
member; 
‘‘(B) is transferred to the Ready Reserve of 
that armed force during such period, as provided in 
subsection (d); and 
‘‘(C) is returned to active duty at the end of 
such period, as provided in subsection (c)(2). 
‘‘(2) The pilot program shall be known as the ‘Career 
Intermission Pilot Program’ (in this section referred to as 
the ‘program’). 
‘‘(b) NUMBER OF PARTICIPANTS.—No more than 20 
officers and 20 enlisted members of each armed force 
under the jurisdiction of the Secretary of a military de-
partment may be selected per year for participation in the 
program.
173 
‘‘(c) MAXIMUM DURATION OF ABSENCE; RETURN TO 
ACTIVE DUTY.—(1) The period during which a member 
participating in the program will be released from active 
duty shall be agreed upon by the Secretary concerned and 
the member, but the period may not exceed three years 
from the date of the member’s release from active duty. 
‘‘(2) A member participating in the program shall re-
turn to active duty at the end of the agreed-upon period 
or such earlier date as the member may request. 
‘‘(d) RESERVE AGREEMENT.—(1) Before being re-
leased from active duty under the program, a member par-
ticipating in the program shall— 
‘‘(A) be appointed or enlisted in the Ready Re-
serve for the member’s armed force; and 
‘‘(B) enter into an agreement with the Sec-
retary concerned to serve on active duty in a regular 
or reserve component, as determined by the Sec-
retary, for a period of not less than two months for 
every month of program participation following the 
member’s return to active duty. 
‘‘(2) During the period of release from active duty, 
a member participating in the program shall report at 
least once per month to a location designated by the Sec-
retary concerned and be required to maintain the job spe-
174 
cialty qualifications the member held immediately before 
being released from active duty under the program. 
‘‘(3) The Secretary of Defense shall issue regulations 
specifying the guidelines regarding the conditions of re-
lease that must be considered and addressed in the agree-
ment required by this subsection. At a minimum, the Sec-
retary shall prescribe the procedures and standards to be 
used to instruct a member on the obligations to be as-
sumed by the member under paragraph (2) while the 
member is released from active duty. 
‘‘(e) EXCLUSION OF TIME IN PROGRAM.—Time spent 
in the program shall not count toward— 
‘‘(1) determining eligibility for retirement or 
transfer to the Ready Reserve under chapter 367, 
571, 867, or 1223 of this title; 
‘‘(2) computation of retired or retainer pay 
under chapter 71 or chapter 1223 of this title; or 
‘‘(3) computation of total years of commis-
sioned service under section 14706 of this title. 
‘‘(f) MEDICAL AND DENTAL CARE.—While a member 
is participating in the program, the member shall remain 
entitled to medical and dental care on the same basis as 
a member of the armed forces on active duty, and depend-
ents of a member participating in the program shall re-
main entitled to medical and dental care on the same basis
175 
as the dependents of a member of the armed forces on 
active duty. 
‘‘(g) PROMOTION ELIGIBILITY.—(1) An officer par-
ticipating in the program shall not be eligible for consider-
ation for promotion under chapter 36 or 1405 of this title 
during the period of the officer’s release from active duty. 
Upon return to active duty— 
‘‘(A) the officer’s date of rank shall be adjusted 
to a later date under regulations prescribed by the 
Secretary of Defense; and 
‘‘(B) the officer shall be eligible for consider-
ation for promotion when officers of the same com-
petitive category, grade, and seniority are eligible for 
consideration. 
‘‘(2) An enlisted member participating in the pro-
gram is ineligible for consideration for promotion during 
the period of the member’s release from active duty and 
until such time after the member’s return to active duty 
when the member becomes eligible for promotion by rea-
son of time in grade and such other requirements as may 
be specified in regulations. 
‘‘(h) BASIC PAY.—For each month during which a 
member is released from active duty under the program, 
the member is entitled to two times one-thirtieth of the 
basic pay to which the member would be otherwise entitled
176 
based on grade and years of service if the member re-
mained on active duty. 
‘‘(i) 
TRAVEL
AND
TRANSPORTATION
ALLOW-
ANCES.—(1) Notwithstanding any other provision of law, 
a member participating in the program is entitled to the 
travel and transportation allowances under section 404 of 
title 37 for travel— 
‘‘(A) performed from the member’s location, at 
the time of the member’s release from active duty 
under the program, to the location in the United 
States designated as the member’s permanent resi-
dence; and 
‘‘(B) performed in connection with the mem-
ber’s return to active duty. 
‘‘(2) An allowance will be paid under this subsection 
for travel to and from only one residence. 
‘‘(j) SPECIAL
AND
INCENTIVE
PAYS
AND
BO-
NUSES.—While released from active duty under the pro-
gram, a member may not receive any special or incentive 
pay or bonus under chapter 5 of title 37 to which the 
member would otherwise be entitled. When the member 
returns to active duty after the period of participation in 
the program, the member shall receive all of the special 
and incentive pays that the member was receiving before
177 
being released from active duty and for which the member 
remains qualified to receive upon the return to active duty. 
‘‘(k) DURATION OF PROGRAM AUTHORITY.—The au-
thority to conduct the program commences on January 1, 
2009, and no member may be released from active duty 
under the program after December 31, 2014.’’. 
(b) EXCLUSION FROM COMPUTATION OF RESERVE 
OFFICER’S
TOTAL
YEARS
OF
SERVICE.—Section 
14706(a) of such title is amended by adding at the end 
the following new paragraph: 
‘‘(4) Service while participating in the Career 
Intermission Pilot Program under section 708a of 
this title.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 40 of such title is amended 
by inserting after the item relating to section 708 the fol-
lowing new item: 
‘‘708a. Career intermission pilot program.’’.
178 
Subtitle E—Education and 
Training 
SEC. 541. REPEAL OF PROHIBITION ON PHASED INCREASE 
IN 
MIDSHIPMEN 
AND 
CADET 
STRENGTH 
LIMIT AT UNITED STATES NAVAL ACADEMY 
AND AIR FORCE ACADEMY. 
(a) NAVAL ACADEMY.—Section 6954(h)(1) of title 
10, United States Code, is amended by striking the last 
sentence. 
(b) AIR FORCE ACADEMY.—Section 9342(j)(1) of 
title 10, United States Code, is amended by striking the 
last sentence. 
SEC. 542. PROMOTION OF FOREIGN AND CULTURAL EX-
CHANGE ACTIVITIES AT MILITARY SERVICE 
ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.— 
(1) IN GENERAL.— Chapter 403 of title 10, 
United States Code, is amended by inserting after 
section 4345 the following new section: 
‘‘§ 4345a. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 
the Army may authorize the Academy to permit students, 
officers, and other representatives of a foreign country to 
attend the Academy for periods of not more than two 
weeks if the Secretary determines that the attendance of
179 
such persons contributes significantly to the development 
of foreign language, cross cultural interactions and under-
standing, and cultural immersion of cadets. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may 
pay the travel, subsistence, and similar personal expenses 
of persons incurred to attend the Academy under sub-
section (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 
the Academy under subsection (a) are not considered to 
be students enrolled at the Academy and are in addition 
to persons receiving instruction at the Academy under sec-
tion 4344 or 4345 of this title. 
‘‘(d) SOURCE
OF FUNDS; LIMITATION.—(1) The 
Academy shall bear the costs of the attendance of persons 
under subsection (a) from funds appropriated for the 
Academy and from such additional funds as may be avail-
able to the Academy from a source, other than appro-
priated funds, to support cultural immersion, regional 
awareness, or foreign language training activities in con-
nection with their attendence. 
‘‘(2) Expenditures from appropriated funds in sup-
port of activities under this section may not exceed 
$40,000 during any fiscal year.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended
180 
by inserting after the item relating to section 4345 
the following new item: 
‘‘4345a. Foreign and cultural exchange activities.’’. 
(b) NAVAL ACADEMY.— 
(1) IN
GENERAL.—Chapter 603 of title 10, 
United States Code, is amended by inserting after 
section 6957a the following new section: 
‘‘§ 6957b. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 
the Navy may authorize the Naval Academy to permit stu-
dents, officers, and other representatives of a foreign 
country to attend the Naval Academy for periods of not 
more than two weeks if the Secretary determines that the 
attendance of such persons contributes significantly to the 
development of foreign language, cross cultural inter-
actions and understanding, and cultural immersion of 
midshipmen. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may 
pay the travel, subsistence, and similar personal expenses 
of persons incurred to attend the Naval Academy under 
subsection (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 
the Naval Academy under subsection (a) are not consid-
ered to be students enrolled at the Naval Academy and 
are in addition to persons receiving instruction at the 
Naval Academy under section 6957 or 6957a of this title.
181 
‘‘(d) SOURCE
OF FUNDS; LIMITATION.—(1) The 
Naval Academy shall bear the costs of the attendance of 
persons under subsection (a) from funds appropriated for 
the Naval Academy and from such additional funds as 
may be available to the Naval Academy from a source, 
other than appropriated funds, to support cultural immer-
sion, regional awareness, or foreign language training ac-
tivities in connection with their attendence. 
‘‘(2) Expenditures from appropriated funds in sup-
port of activities under this section may not exceed 
$40,000 during any fiscal year.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 6957a 
the following new item: 
‘‘6957b. Foreign and cultural exchange activities.’’. 
(c) AIR FORCE ACADEMY.— 
(1) IN
GENERAL.—Chapter 903 of title 10, 
United States Code, is amended by inserting after 
section 9345 the following new section: 
‘‘§ 9345a. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 
the Air Force may authorize the Air Force Academy to 
permit students, officers, and other representatives of a 
foreign country to attend the Air Force Academy for peri-
ods of not more than two weeks if the Secretary deter-
182 
mines that the attendance of such persons contributes sig-
nificantly to the development of foreign language, cross 
cultural interactions and understanding, and cultural im-
mersion of cadets. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may 
pay the travel, subsistence, and similar personal expenses 
of persons incurred to attend the Air Force Academy 
under subsection (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 
the Air Force Academy under subsection (a) are not con-
sidered to be students enrolled at the Air Force Academy 
and are in addition to persons receiving instruction at the 
Air Force Academy under section 9344 or 9345 of this 
title. 
‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Air 
Force Academy shall bear the costs of the attendance of 
persons under subsection (a) from funds appropriated for 
the Air Force Academy and from such additional funds 
as may be available to the Air Force Academy from a 
source, other than appropriated funds, to support cultural 
immersion, regional awareness, or foreign language train-
ing activities in connection with their attendence. 
‘‘(2) Expenditures from appropriated funds in sup-
port of activities under this section may not exceed 
$40,000 during any fiscal year.’’.
183 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 9345 
the following new item: 
‘‘9345a. Foreign and cultural exchange activities.’’. 
SEC. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF 
NAVAL POSTGRADUATE SCHOOL. 
Section 7042 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c)(1) If the individual holding the position of Presi-
dent of the Naval Postgraduate School is a civilian, the 
Secretary shall pay the individual such compensation for 
the individual’s service as President as the Secretary pre-
scribes, except that— 
‘‘(A) basic pay for the President may not ex-
ceed the rate of compensation authorized for posi-
tions in level I of the Executive Schedule under sec-
tion 5312 of title 5; and 
‘‘(B) total aggregate compensation for the 
President, including bonuses, awards, allowances, or 
other similar cash payments, may not exceed the 
total annual compensation payable under section 
104 of title 3. 
‘‘(2) The limitations in section 5373 of title 5 do not 
apply to the authority of the Secretary under this sub-
184 
section to prescribe the salary and other related benefits 
for the position of President of the Naval Postgraduate 
School.’’. 
SEC. 544. INCREASED AUTHORITY TO ENROLL DEFENSE IN-
DUSTRY EMPLOYEES IN DEFENSE PRODUCT 
DEVELOPMENT PROGRAM. 
Section 7049(a) of title 10, United States Code, is 
amended by striking ‘‘25’’ and inserting ‘‘125’’. 
SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE 
UNDER HONORABLE CONDITIONS FOR PUR-
POSES OF ENTITLEMENT TO EDUCATIONAL 
ASSISTANCE FOR RESERVE COMPONENTS 
MEMBERS SUPPORTING CONTINGENCY OP-
ERATIONS. 
(a) REQUIREMENT OF HONORABLE SERVICE.—Sec-
tion 16164(a)(2) of title 10, United States Code, is 
amended by striking ‘‘other than dishonorable conditions’’ 
and inserting ‘‘honorable conditions’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply to persons described in section 
16163 of title 10, United States Code, who separate on 
or after that date from a reserve component.
185 
SEC. 546. CONSISTENT EDUCATION LOAN REPAYMENT AU-
THORITY FOR HEALTH PROFESSIONALS IN 
REGULAR COMPONENTS AND SELECTED RE-
SERVE. 
Section 16302(c) of title 10, United States Code, is 
amended by striking paragraphs (2) and (3) and inserting 
the following new paragraph: 
‘‘(2) The annual maximum amount of a loan that 
may be repaid under this section shall be the same as the 
maximum amount in effect for the same year under sub-
section (e)(2) of section 2173 of this title for the education 
loan repayment program under such section.’’. 
SEC. 547. INCREASE IN NUMBER OF UNITS OF JUNIOR RE-
SERVE OFFICERS’ TRAINING CORPS. 
(a) PLAN FOR INCREASE.—The Secretary of Defense, 
in consultation with the Secretaries of the military depart-
ments, shall develop and implement a plan to establish and 
support 4,000 Junior Reserve Officers’ Training Corps 
units not later than fiscal year 2020. 
(b) EXCEPTIONS.—The requirement imposed in sub-
section (a) shall not apply— 
(1) if the Secretary fails to receive an adequate 
number or requests for Junior Reserve Officers’ 
Training Corps units by public and private sec-
ondary educational institutions; or
186 
(2) during a time of national emergency when 
the Secretaries of the military departments deter-
mine that funding must be allocated elsewhere. 
(c) COOPERATION.—The Secretary of Defense, as 
part of the plan to establish and support additional Junior 
Reserve Officers’ Training Corps units, shall work with 
local educational agencies to increase the employment in 
Junior Reserve Officers’ Training Corps units of retired 
members of the Armed Forces who are retired under chap-
ter 61 of title 10, United States Code, especially members 
who were wounded or injured while deployed in a contin-
gency operation. 
(d) REPORT ON PLAN.—Upon completion of the plan, 
the Secretary of Defense shall provide a report to the con-
gressional defense committees containing, at a minimum, 
the following: 
(1) A description of how the Secretaries of the 
military departments expect to achieve the number 
of units of the Junior Reserve Officers’ Training 
Corps specified in subsection (a), including how 
many units will be established per year by each serv-
ice. 
(2) The annual funding necessary to support 
the increase in units, including the personnel costs 
associated.
187 
(3) The number of qualified private and public 
schools, if any, who have requested a Junior Reserve 
Officers’ Training Corps unit that are on a waiting 
list. 
(4) Efforts to improve the increased distribu-
tion of units geographically across the United 
States. 
(5) Efforts to increase distribution of units in 
educationally and economically deprived areas. 
(6) Efforts to enhance employment opportuni-
ties for qualified former military members retired for 
disability, especially those wounded while deployed in 
a contingency operation. 
(e) TIME
FOR SUBMISSION.—The plan required 
under subsection (a), along with the report required by 
subsection (d), shall be submitted to the congressional de-
fense committees not later than March 31, 2009. The Sec-
retary of Defense shall submit an up-dated report annu-
ally thereafter until the number of units of the Junior Re-
serve Officers’ Training Corps specified in subsection (a) 
is achieved. 
(f) ADDITIONAL CURRICULUM ELEMENT.—The Sec-
retary of each military department shall develop and im-
plement a segment of the Junior Reserve Officers’ Train-
ing Corps curriculum that includes the contribution and
188 
defense historiography of gender and ethnic specific 
groups. 
SEC. 548. CORRECTION OF ERRONEOUS ARMY COLLEGE 
FUND BENEFIT AMOUNTS. 
(a) CORRECTION AND PAYMENT AUTHORITY.—Dur-
ing the period beginning on January 1, 2009, and ending 
on June 30, 2009, the Secretary of the Army may— 
(1) consider, through the Army Board for the 
Correction of Military Records, a request for the 
correction of military records relating to the amount 
of the Army College Fund benefit to which a mem-
ber or former member of the Armed Forces may be 
entitled under an Army Incentive Program contract; 
and 
(2) pay such amounts as the Secretary con-
siders necessary to ensure fairness and equity with 
regard to the request if the Secretary determines 
that the correction of the records is appropriate. 
(b) EXCEPTION TO PAYMENT LIMITS.—A payment 
under subsection (a)(2) may be made without regard to 
any limits on the total combined amounts established for 
the Army College Fund and the Montgomery G.I. Bill. 
(c) FUNDING SOURCE.—Payments under subsection 
(a)(2) shall be made solely from funds appropriated for 
military personnel programs for fiscal year 2009.
189 
SEC. 549. EXPANDED AUTHORITY FOR INSTITUTIONS OF 
PROFESSIONAL MILITARY EDUCATION TO 
AWARD DEGREES. 
(a) NATIONAL
DEFENSE
INTELLIGENCE
COL-
LEGE.— 
(1) IN
GENERAL.—Section 2161 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 2161. Degree granting authority for National De-
fense Intelligence College 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of Defense, the President of the National 
Defense Intelligence College may, upon the recommenda-
tion of the faculty of the National Defense Intelligence 
College, confer appropriate degrees upon graduates who 
meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education.
190 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of
191 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 108 of such title 
is amended by striking the item relating to section 
2161 and inserting the following new item: 
‘‘2161. Degree granting authority for National Defense Intelligence College.’’. 
(b) NATIONAL DEFENSE UNIVERSITY.— 
(1) IN GENERAL.—Section 2163 of such title is 
amended to read as follows: 
‘‘§ 2163. Degree granting authority for National De-
fense University 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of Defense, the President of the National 
Defense University may, upon the recommendation of the 
faculty of the National Defense University, confer appro-
priate degrees upon graduates who meet the degree re-
quirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and
192 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
193 
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 108 of such title 
is amended by striking the item relating to section 
2163 and inserting the following new item: 
‘‘2163. Degree granting authority for National Defense University.’’. 
(c) UNITED STATES ARMY COMMAND AND GENERAL 
STAFF COLLEGE.— 
(1) IN GENERAL.—Section 4314 of such title is 
amended to read as follows: 
‘‘§ 4314. Degree granting authority for United States 
Army Command and General Staff Col-
lege 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Army, the Commandant of the United 
States Army Command and General Staff College may, 
upon the recommendation of the faculty and dean of the 
college, confer appropriate degrees upon graduates who 
meet the degree requirements.
194 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority.
195 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 401 of such title 
is amended by striking the item relating to section 
4314 and inserting the following new item: 
‘‘4314. Degree granting authority for United States Army Command and Gen-
eral Staff College.’’. 
(d) UNITED STATES ARMY WAR COLLEGE.— 
(1) IN
GENERAL.—Section 4321 of title 10, 
United States Code, is amended to read as follows:
196 
‘‘§ 4321. Degree granting authority for United States 
Army War College 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Army, the Commandant of the United 
States Army War College may, upon the recommendation 
of the faculty and dean of the college, confer appropriate 
degrees upon graduates who meet the degree require-
ments. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies,
197 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 401 of such title 
is amended by striking the item relating to section 
4321 and inserting the following new item: 
‘‘4321. Degree granting authority for United States Army War College.’’.
198 
(e) 
UNITED
STATES
NAVAL
POSTGRADUATE 
SCHOOL.— 
(1) IN GENERAL.—Section 7048 of such title is 
amended to read as follows: 
‘‘§ 7048. Degree granting authority for United States 
Naval Postgraduate School 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Navy, the President of the Naval 
Postgraduate School may, upon the recommendation of 
the faculty of the Naval Postgraduate School, confer ap-
propriate degrees upon graduates who meet the degree re-
quirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense
199 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’.
200 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 605 of such title 
is amended by striking the item relating to section 
7048 and inserting the following new item: 
‘‘7048. Degree granting authority for United States Naval Postgraduate 
School.’’. 
(f) NAVAL WAR COLLEGE.— 
(1) IN GENERAL.—Section 7101 of such title is 
amended to read as follows: 
‘‘§ 7101. Degree granting authority for Naval War Col-
lege 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Navy, the President of the Naval War 
College may, upon the recommendation of the faculty of 
the Naval War College components, confer appropriate de-
grees upon graduates who meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education.
201 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of
202 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 609 of such title 
is amended by striking the item relating to section 
7101 and inserting the following new item: 
‘‘7101. Degree granting authority for Naval War College.’’. 
(g) MARINE CORPS UNIVERSITY.— 
(1) IN GENERAL.—Section 7102 of such title is 
amended to read as follows: 
‘‘§ 7102. Degree granting authority for Marine Corps 
University 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Navy, the President of the Marine 
Corps University may, upon the recommendation of the 
directors and faculty of the Marine Corps University, con-
fer appropriate degrees upon graduates who meet the de-
gree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and
203 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
204 
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree. 
‘‘(d) BOARD OF ADVISORS.—The Secretary of the 
Navy shall establish a board of advisors for the Marine 
Corps University. The Secretary shall ensure that the 
board is established so as to meet all requirements of the 
appropriate regional accrediting association.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 609 of such title 
is amended by striking the item relating to section 
7102 and inserting the following new item: 
‘‘7102. Degree granting authority for Marine Corps University.’’. 
(h) UNITED STATES AIR FORCE INSTITUTE
OF 
TECHNOLOGY.— 
(1) IN GENERAL.—Section 9314 of such title is 
amended to read as follows: 
‘‘§ 9314. Degree granting authority for United States 
Air Force Institute of Technology 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Air Force, the commander of Air Uni-
205 
versity may, upon the recommendation of the faculty of 
the United States Air Force Institute of Technology, con-
fer appropriate degrees upon graduates of the United 
States Air Force Institute of Technology who meet the 
degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
206 
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree. 
‘‘(d) CIVILIAN FACULTY.—(1) The Secretary of the 
Air Force may employ as many civilian faculty members 
at the United States Air Force Institute of Technology 
as is consistent with the needs of the Air Force and with 
Department of Defense personnel limits.
208 
‘‘(f) ACCEPTANCE OF RESEARCH GRANTS.—(1) The 
Secretary of the Air Force may authorize the Com-
mandant of the United States Air Force Institute of Tech-
nology to accept qualifying research grants. Any such 
grant may only be accepted if the work under the grant 
is to be carried out by a professor or instructor of the 
Institute for a scientific, literary, or educational purpose. 
‘‘(2) A qualifying research grant under this sub-
section is a grant that is awarded on a competitive basis 
by an entity referred to in paragraph (3) for a research 
project with a scientific, literary, or educational purpose. 
‘‘(3) A grant may be accepted under this subsection 
only from a corporation, fund, foundation, educational in-
stitution, or similar entity that is organized and operated 
primarily for scientific, literary, or educational purposes. 
‘‘(4) The Secretary shall establish an account for ad-
ministering funds received as research grants under this 
section. The Commandant of the Institute shall use the 
funds in the account in accordance with applicable provi-
sions of the regulations and the terms and condition of 
the grants received. 
‘‘(5) Subject to such limitations as may be provided 
in appropriations Acts, appropriations available for the In-
stitute may be used to pay expenses incurred by the Insti-
209 
tute in applying for, and otherwise pursuing, the award 
of qualifying research grants. 
‘‘(6) The Secretary shall prescribe regulations for the 
administration of this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 901 of such title 
is amended by striking the item relating to section 
9314 and inserting the following new item: 
‘‘9314. Degree granting authority for United States Air Force Institute of Tech-
nology.’’. 
(i) AIR UNIVERSITY.— 
(1) IN GENERAL.—Section 9317 of such title is 
amended to read as follows: 
‘‘§ 9317. Degree granting authority for Air University 
‘‘(a) AUTHORITY.—Except as provided in sections 
9314 and 9315 of this title, under regulations prescribed 
by the Secretary of the Air Force, the commander of Air 
University may, upon the recommendation of the faculty 
of the Air University components, confer appropriate de-
grees upon graduates who meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and
210 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
211 
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 901 of such title 
is amended by striking the item relating to section 
9317 and inserting the following new item: 
‘‘9317. Degree granting authority for Air University.’’. 
(j) EFFECTIVE DATE.—This section shall apply to 
any degree granting authority established, modified, redes-
ignated or terminated on or after the date of enactment 
of this Act. 
SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IM-
PROVE ACCESSIBILITY AND FLEXIBILITY FOR 
MEMBERS OF THE ARMED FORCES. 
(a) AUTHORITY.—The Secretary of a military depart-
ment may enter into one or more education partnership 
agreements with educational institutions in the United 
States for the purpose of—
212 
(1) developing plans to improve the accessibility 
and flexibility of college courses available to eligible 
members of the Armed Forces; 
(2) improving the application process for the 
Armed Forces tuition assistance programs and rais-
ing awareness regarding educational opportunities 
available to such members; 
(3) developing curriculum, distance education 
programs, and career counseling designed to meet 
the professional, financial, academic, and social 
needs of such members; and 
(4) assessing how resources may be applied 
more effectively to meet the educational needs of 
such members. 
(b) COST.—Except as provided in this section, execu-
tion of an education partnership agreement with an edu-
cational institution shall be at no cost to the Government. 
(c) EDUCATIONAL INSTITUTION DEFINED.—In this 
section, the term ‘‘educational institution’’ means an ac-
credited college, university, or technical school in the 
United States.
213 
Subtitle F—Military Justice 
SEC. 551. GRADE OF STAFF JUDGE ADVOCATE TO THE COM-
MANDANT OF THE MARINE CORPS. 
Section 5046(a) of title 10, United States Code, is 
amended by striking the last sentence and inserting the 
following new sentence: ‘‘The Staff Judge Advocate to the 
Commandant of the Marine Corps, while so serving, has 
the grade of major general.’’. 
SEC. 552. STANDING MILITARY PROTECTION ORDER. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 1567. STANDING MILITARY PROTECTIVE ORDER. 
‘‘The issuance of a military protective order by a mili-
tary commander shall be deemed a standing order until— 
‘‘(1) the allegation prompting the protective 
order is resolved by investigation, courts martial, or 
other command determined adjudication; or 
‘‘(2) the military commander issues a new 
order.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1567. Standing military protective order.’’.
214 
SEC. 553. MANDATORY NOTIFICATION OF ISSUANCE OF 
MILITARY PROTECTIVE ORDER TO CIVILIAN 
LAW ENFORCEMENT. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1567, 
as added by section 552, the following new section: 
‘‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF 
MILITARY PROTECTIVE ORDER TO CIVILIAN 
LAW ENFORCEMENT. 
‘‘In the event a military protective order is issued 
against a member of the armed forces and any individual 
involved in the order does not reside on a military installa-
tion at any time during the duration of the military pro-
tective order, the commander of the military installation 
shall notify the appropriate civilian authorities of— 
‘‘(1) the issuance of the protective order; 
‘‘(2) the duration of the protective order; and 
‘‘(3) the individuals involved in the order.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1567 the following new 
item: 
‘‘1567a. Mandatory notification of issuance of military protective order to civil-
ian law enforcement.’’.
215 
SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE 
ON SEXUAL ASSAULT INCIDENTS IN THE 
ARMED FORCES. 
(a) DATABASE REQUIRED.—The Secretary of De-
fense shall implement a centralized, case-level database for 
the collection, in a manner consistent with Department of 
Defense regulations for restricted reporting, and mainte-
nance of information regarding sexual assaults involving 
a member of the Armed Forces, including information, if 
available, about the nature of the assault, the victim, the 
offender, and the outcome of any legal proceedings in con-
nection with the assault. 
(b) AVAILABILITY
OF DATABASE.—The database 
shall be available to personnel of the Sexual Assault Pre-
vention and Response Office of the Department of De-
fense. 
(c) IMPLEMENTATION.— 
(1) PLAN
FOR
IMPLEMENTATION.—Not later 
than 90 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the 
congressional defense committees a plan to provide 
for the implementation of the database. 
(2) COMPLETION.—Not later than 15 months 
after the date of enactment of this Act, the Sec-
retary shall complete implementation of the data-
base.
216 
(d) REPORTS.—The database shall be used to develop 
and implement congressional reports, as required by— 
(1) section 577(f) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375); 
(2) section 596(c) of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public Law 
109–163); 
(3) section 532 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364); and 
(4) sections 4361, 6980, and 9361 of title 10, 
United States Code. 
(e) TERMINOLOGY.—Section 577(b) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375) is amended by adding 
at the end the following new paragraph: 
‘‘(12) The Secretary shall implement clear, con-
sistent, and streamlined sexual assault terminology 
for use across the Department of Defense, to include 
a clear definition of the following terms: 
‘‘(A) Restricted reports. 
‘‘(B) Unrestricted reports. 
‘‘(C) Substantiated reports.’’.
217 
Subtitle G—Decorations, Awards, 
and Honorary Promotions 
SEC. 561. REPLACEMENT OF MILITARY DECORATIONS. 
(a) REPLACEMENT REQUIRED.—Chapter 57 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 1135. Replacement of military decorations 
‘‘(a) REPLACEMENT.—In addition to other authori-
ties available to the Secretary concerned to replace a mili-
tary decoration, the Secretary concerned shall replace, on 
a one-time basis and without charge, a military decoration 
upon the request of the recipient of the military decoration 
or the immediate next of kin of a deceased recipient. 
‘‘(b) EXCEPTION.—Subsection (a) does not apply to 
the medal of honor. 
‘‘(c) MILITARY DECORATION DEFINED.—In this sec-
tion, the term ‘decoration’ means any decoration or award 
that may be presented or awarded to a member of the 
armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1135. Replacement of military decorations.’’.
218 
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL 
OF 
HONOR 
TO 
RICHARD 
L. 
ETCHBERGER FOR ACTS OF VALOR DURING 
THE VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations specified in section 8744 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 8741 of such 
title to former Chief Master Sergeant Richard L. 
Etchberger 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 then Chief 
Master Sergeant Richard L. Etchberger as Ground Radar 
Superintendent of Detachment 1, 1043rd Radar Evalua-
tion Squadron on March 11, 1968, during the Vietnam 
War for which he was originally awarded the Air Force 
cross. 
SEC. 
563. 
ADVANCEMENT 
OF 
BRIGADIER 
GENERAL 
CHARLES E. YEAGER, UNITED STATES AIR 
FORCE (RETIRED), ON THE RETIRED LIST. 
(a) ADVANCEMENT.—Brigadier General Charles E. 
Yeager, United States Air Force (retired), is entitled to
219 
hold the rank of major general while on the retired list 
of the Air Force. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 
advancement of Charles E. Yeager on the retired list of 
the Air Force under subsection (a) shall not affect the re-
tired pay or other benefits from the United States to 
which Charles E. Yeager is now or may in the future be 
entitled based upon his military service or affect any bene-
fits to which any other person may become entitled based 
on his service. 
SEC. 564. ADVANCEMENT OF REAR ADMIRAL WAYNE E. 
MEYER, UNITED STATES NAVY (RETIRED), ON 
THE RETIRED LIST. 
(a) ADVANCEMENT AUTHORIZED.—The President is 
authorized and requested to appoint, by and with the ad-
vice and consent of the Senate, Rear Admiral Wayne E. 
Meyer, United States Navy (retired), to the grade of vice 
admiral on the retired list of the Navy. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 
advancement of Wayne E. Meyer on the retired list of the 
Navy under subsection (a) shall not affect the retired pay 
or other benefits from the United States to which Wayne 
E. Meyer is now or may in the future be entitled based 
upon his military service or affect any benefits to which 
any other person may become entitled based on his service.
220 
SEC. 565. AWARD OF VIETNAM SERVICE MEDAL TO VET-
ERANS WHO PARTICIPATED IN MAYAGUEZ 
RESCUE OPERATION. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible veteran, award that individual the 
Vietnam Service Medal, notwithstanding any otherwise ap-
plicable requirements for the award of that medal. Any 
such award shall be made in lieu of any Armed Forces 
Expeditionary Medal awarded the individual for the indi-
vidual’s participation in the Mayaguez rescue operation. 
(b) ELIGIBLE VETERAN.—For purposes of this sec-
tion, the term ‘‘eligible veteran’’ means a member or 
former member of the Armed Forces who was awarded 
the Armed Forces Expeditionary Medal for participation 
in military operations known as the Mayaguez rescue oper-
ation of May 12–15, 1975. 
SEC. 566. RETROACTIVE AWARD OF ARMY COMBAT ACTION 
BADGE. 
(a) AUTHORITY TO AWARD.—The Secretary of the 
Army may award the Army Combat Action Badge (estab-
lished by order of the Secretary of the Army through 
Headquarters, Department of the Army Letter 600–05– 
1, dated June 3, 2005) to a person who, while a member 
of the Army, participated in combat during which the per-
son personally engaged, or was personally engaged by, the
221 
enemy at any time during the period beginning on Decem-
ber 7, 1941, and ending on September 18, 2001 (the date 
of the otherwise applicable limitation on retroactivity for 
the award of such decoration), if the Secretary determines 
that the person has not been previously recognized in an 
appropriate manner for such participation. 
(b) PROCUREMENT OF BADGE.—The Secretary of 
the Army may make arrangements with suppliers of the 
Army Combat Action Badge so that eligible recipients of 
the Army Combat Action Badge pursuant to subsection 
(a) may procure the badge directly from suppliers, thereby 
eliminating or at least substantially reducing administra-
tive costs for the Army to carry out this section. 
Subtitle H—Impact Aid 
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 
activities, $50,000,000 shall be available only for the pur-
pose of providing assistance to local educational agencies
222 
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, 
$15,000,000 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. CALCULATION OF PAYMENTS UNDER DEPART-
MENT OF EDUCATION’S IMPACT AID PRO-
GRAM. 
Paragraph (2) of section 8003(c) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7703(c)) is amended to read as follows: 
‘‘(2) EXCEPTION.—Calculation of payments for 
a local educational agency shall be based on data
223 
from the fiscal year for which the agency is making 
an application for payment— 
‘‘(A) if such agency is newly established by 
a State (first year of operation only); or 
‘‘(B) if— 
‘‘(i) such agency was eligible to re-
ceive a payment under this section in the 
previous fiscal year; 
‘‘(ii) such agency has had an overall 
increase (as determined by the Secretary of 
Education in consultation with the Sec-
retary of Defense, the Secretary of Inte-
rior, or other Federal agencies) of not less 
than 100 students or 10 percent as de-
scribed in— 
‘‘(I) subparagraphs (A), (B), and 
(D) of subsection (a)(1); or 
‘‘(II) subparagraphs (C), (E), 
(F) and (G) of subsection (a)(1) if 
those children described in subpara-
graphs (C), (E), (F) and (G) are civil-
ian dependents of employees of the 
Department of Defense; and 
‘‘(iii) such increase occurred during 
the period between the end of the school
224 
year preceding the fiscal year for which the 
application is being made and the begin-
ning of the school year immediately pre-
ceding that fiscal year as the result of clo-
sure or realignment of military installa-
tions under the base closure process or the 
relocation of members of the Armed Forces 
and civilian employees of the Department 
of Defense as part of force structure 
changes or movements of units or per-
sonnel between military installations.’’. 
Subtitle I—Military Families 
SEC. 581. PRESENTATION OF BURIAL FLAG. 
(a) INCLUSION OF SURVIVING SPOUSE; CONSOLIDA-
TION OF FLAG-RELATED AUTHORITIES.—Subsection (e) 
of section 1482 of title 10, United States Code, is amend-
ed— 
(1) by designating the current text as para-
graph (2) and redesignating current paragraphs (1) 
and (2) as subparagraphs (A) and (B), respectively; 
(2) by inserting before paragraph (2), as so 
designated, the following: 
‘‘(e) PRESENTATION
OF FLAG
OF
THE UNITED 
STATES.—(1) In the case of a decedent covered by section 
1481 of this title, the Secretary concerned may pay the
225 
necessary expenses for the presentation of a flag of the 
United States— 
‘‘(A) to the person designated under subsection 
(c) to direct disposition of the remains; 
‘‘(B) to the parents or parent of the decedent, 
if the person presented a flag under subparagraph 
(A) is other than a parent of the decedent; and 
‘‘(C) to the surviving spouse (including a re-
married surviving spouse) of the decedent, if the 
person presented a flag under subparagraph (A) is 
other than the spouse.’’; and 
(3) by inserting at the end the following new 
paragraphs: 
‘‘(3) A flag to be presented to a person under sub-
paragraph (B) or (C) of paragraph (1) shall be of equal 
size to the flag presented under subparagraph (A) of such 
paragraph to the person designated to direct disposition 
of the remains of the decedent. 
‘‘(4) This subsection does not apply to a military pris-
oner who dies while in the custody of the Secretary con-
cerned and while under a sentence that includes a dis-
charge. 
‘‘(5) In this subsection, the term ‘parent’ includes a 
natural parent, a stepparent, a parent by adoption, or a 
person who for a period of not less than one year before
226 
the death of the decedent stood in loco parentis to the 
decedent. Preference under paragraph (1)(B) shall be 
given to the persons who exercised a parental relationship 
at the time of, or most nearly before, the death of the 
decedent.’’. 
(b) REPEAL
OF SUPERSEDED PROVISIONS.—Sub-
section (a) of such section is amended by striking para-
graphs (10) and (11). 
SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR 
MILITARY SPOUSES. 
(a) EMPLOYMENT AND CAREER OPPORTUNITIES FOR 
SPOUSES.—Subchapter I of chapter 88 of title 10, United 
States Code, is amended by inserting after section 1784 
the following new section: 
‘‘§ 1784a. Education and training opportunities for 
military spouses to expand employment 
and career opportunities 
‘‘(a) PROGRAMS
AND TUITION ASSISTANCE.—(1) 
The Secretary of Defense may establish programs to assist 
the spouse of a member of the armed forces described in 
subsection (b) in achieving— 
‘‘(A) the education and training required for a 
degree or credential at an accredited college, univer-
sity, or technical school in the United States that ex-
227 
pands employment and career opportunities for the 
spouse; or 
‘‘(B) the education prerequisites and profes-
sional licensure or credential required, by a govern-
ment or government sanctioned licensing body, for 
an occupation that expands employment and career 
opportunities for the spouse. 
‘‘(2) As an alternative to, or in addition to, estab-
lishing a program under this subsection, the Secretary 
may provide tuition assistance to an eligible spouse who 
is pursuing education, training, or a license or credential 
to expand the spouse’s employment and career opportuni-
ties. 
‘‘(b) ELIGIBLE SPOUSES.—Assistance under this sec-
tion is limited to a spouse of a member of the armed forces 
who is serving on active duty. 
‘‘(c) EXCEPTIONS.—Subsection (b) does not in-
clude— 
‘‘(1) a person who is married to, but legally 
separated from, a member of the armed forces under 
court order or statute of any State or territorial pos-
session of the United States; and 
‘‘(2) a spouse of a member of the armed forces 
who is also a member of the armed forces.
228 
‘‘(d) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to govern the availability and use of 
assistance under this section. The Secretary shall ensure 
that programs established under this section do not result 
in inequitable treatment for spouses of members of the 
armed forces who are also members, since they are ex-
cluded from participation in the programs under sub-
section (c)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 1784 the following 
new item: 
‘‘1784a. Education and training opportunities for military spouses to expand 
employment and career opportunities.’’. 
SEC. 583. SENSE OF THE CONGRESS REGARDING HONOR 
GUARD DETAILS FOR FUNERALS OF VET-
ERANS. 
It is the sense of the Congress that the Secretaries 
of the military departments should, to the maximum ex-
tent practicable, provide honor guard details for the funer-
als of veterans as is required under section 1491 of title 
10, United States Code, as added by section 567(b) of 
Public Law 105–261 (112 Stat. 2030).
229 
Subtitle J—Other Matters 
SEC. 591. INCLUSION OF RESERVES IN PROVIDING FED-
ERAL AID FOR STATE GOVERNMENTS, EN-
FORCING FEDERAL AUTHORITY, AND RE-
SPONDING TO MAJOR PUBLIC EMERGENCIES. 
(a) FEDERAL AID FOR STATE GOVERNMENTS.—Sec-
tion 331 of title 10, United States Code, is amended by 
striking ‘‘armed forces, as he’’ and inserting ‘‘armed 
forces (including units and members of the Army Reserve, 
Navy Reserve, Air Force Reserve, Marine Corps Reserve, 
and Coast Guard Reserve ordered to active duty for this 
purpose), as the President’’. 
(b) ENFORCEMENT OF FEDERAL AUTHORITY.—Sec-
tion 332 of such title is amended— 
(1) by striking ‘‘he may’’ and inserting ‘‘the 
President may’’; and 
(2) by striking ‘‘armed forces, as he’’ and in-
serting ‘‘armed forces (including units and members 
of the Army Reserve, Navy Reserve, Air Force Re-
serve, Marine Corps Reserve, and Coast Guard Re-
serve ordered to active duty for this purpose), as the 
President’’. 
(c) RESPONSE TO PUBLIC EMERGENCIES.—Section 
333(a)(1) of such title is amended by inserting after ‘‘Fed-
eral service’’ the following: ‘‘and units and members of the
230 
Army Reserve, Navy Reserve, Air Force Reserve, Marine 
Corps Reserve, and Coast Guard Reserve ordered to active 
duty for this purpose’’. 
SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARIS-
ING 
FROM 
CORRECTION 
OF 
MILITARY 
RECORDS. 
(a) INTEREST PAYABLE ON CLAIMS.—Subsection (c) 
of section 1552 of title 10, United States Code, is amend-
ed by adding at the end the following new paragraph: 
‘‘(4) If the correction of military records under this 
section involves setting aside a conviction by court-martial, 
the payment of a claim under this subsection in connection 
with the correction of the records shall include interest 
at not less than the rate of interest in effect under section 
1035 of this title at the time the payment is made. The 
interest shall be calculated on an annual basis, and com-
pounded, using the amount of the lost pay, allowances, 
compensation, emoluments, or other pecuniary benefits in-
volved, and the amount of any fine or forfeiture paid, be-
ginning from the date of the conviction through the date 
on which the payment is made.’’. 
(b) CONFORMING AMENDMENT REGARDING CORREC-
TIONS
BOARD
AUTHORITY
TO
OVERTURN
CONVIC-
TIONS.—Subsection (f) of such section is amended by in-
231 
serting ‘‘convened after May 4, 1950, and’’ after ‘‘court- 
martial cases’’. 
(c) CLERICAL AMENDMENTS.—Subsection (c) of such 
section is further amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(3) by striking ‘‘If the claimant’’ and inserting 
the following: 
‘‘(2) If the claimant’’; and 
(4) by striking ‘‘A claimant’s acceptance’’ and 
inserting the following: 
‘‘(3) A claimant’s acceptance’’. 
(d) RETROACTIVE
EFFECTIVENESS
OF
AMEND-
MENTS.—The amendment made by subsection (a) shall 
apply with respect to any sentence of a court-martial set 
aside by a Corrections Board on or after October 1, 2007, 
when the Corrections Board includes an order or rec-
ommendation for the payment of a claim for the loss of 
pay, allowances, compensation, emoluments, or other pe-
cuniary benefits, or for the repayment of a fine or for-
feiture, that arose as a result of the conviction. In this 
subsection, the term ‘‘Corrections Board’’ has the mean-
ing given that term in section 1557 of title 10, United 
States Code.
232 
SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF 
PERSONNEL 
OF 
AGENCIES 
RESPONSIBLE 
FOR REVIEW AND CORRECTION OF MILITARY 
RECORDS. 
Section 1559(a) of title 10, United States Code, is 
amended by striking ‘‘October 1, 2008’’ and inserting 
‘‘December 31, 2010’’. 
SEC. 594. AUTHORITY TO ORDER RESERVE UNITS TO AC-
TIVE DUTY TO PROVIDE ASSISTANCE IN RE-
SPONSE TO A MAJOR DISASTER OR EMER-
GENCY. 
Section 12304(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘The authority’’; 
and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) The authority under subsection (a) includes au-
thority to order any unit of the Selected Reserve of the 
Army Reserve, Navy Reserve, Air Force Reserve, Marine 
Corps Reserve, or Coast Guard Reserve to active duty to 
provide assistance in responding to a major disaster or 
emergency (as those terms are defined in section 102 of
233 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5122)).’’. 
SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COM-
MISSION. 
(a) ESTABLISHMENT
OF COMMISSION.—There is 
hereby established a commission to be known as the ‘‘Sen-
ior Military Leadership Diversity Commission’’. 
(b) COMPOSITION.— 
(1) MEMBERSHIP.—The commission shall be 
composed of 23 members, as follows: 
(A) The Director of the Defense Manpower 
Management Center. 
(B) The Director of the Defense Equal 
Opportunity Management Institute. 
(C) 1 senior military leader from each of 
the Army, Navy, Air Force, and Marine Corps 
who serves or has served in a leadership posi-
tion with either a military department com-
mand or combatant command shall be ap-
pointed by the Secretary of Defense. 
(D) 1 retired general or flag officer from 
each of the Army, Navy, Air Force, and Marine 
Corps shall be appointed by the Secretary of 
Defense.
234 
(E) 1 retired senior noncommissioned offi-
cer from each of the Army, Navy, Air Force, 
and Marine Corps shall be appointed by the 
Secretary of Defense. 
(F) 5 retired senior officers who served in 
leadership positions with either a military de-
partment command or combatant command 
shall be appointed by the Secretary of Defense, 
of which no less than 3 shall represent the 
views of minority veterans. 
(G) 4 individuals with expertise in culti-
vating diverse leaders in private or non-profit 
organizations shall be appointed by the Sec-
retary of Defense. 
(2) CHAIRMAN.—The Secretary of Defense 
shall designate one member described in paragraphs 
(1)(F) or (1)(G) as chairman of the commission. 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the com-
mission. Any vacancy in the commission shall be 
filled in the same manner as the original appoint-
ment. 
(4) DEADLINE FOR APPOINTMENT.—All mem-
bers of the commission shall be appointed not later
235 
than 60 days after the date of the enactment of this 
Act. 
(5) QUORUM.—12 members of the commission 
shall constitute a quorum but a lesser number may 
hold hearings. 
(c) MEETINGS.— 
(1) INITIAL MEETING.—The commission shall 
conduct its first meeting not later than 30 days 
after the date on which a majority of the appointed 
members of the commission have been appointed. 
(2) MEETINGS.—The commission shall meet at 
the call of the chairman. 
(d) DUTIES.— 
(1) STUDY.—The commission shall study the 
diversity within the senior leadership of the Armed 
Forces. The study shall be a comprehensive evalua-
tion and assessment of policies that provide opportu-
nities for the advancement of minority members of 
the Armed Forces. 
(2) SCOPE
OF
STUDY.—In carrying out the 
study, the commission shall examine the following: 
(A) Efforts to develop and maintain di-
verse leadership at all levels of the Armed 
Forces.
236 
(B) The successes and failures of devel-
oping and maintaining a diverse leadership, 
particularly at the general and flag officer posi-
tions. 
(C) The effect of expanding Department of 
Defense secondary educational programs to di-
verse civilian populations, to include service 
academy preparatory schools. 
(D) The ability of current recruitment and 
retention practices to attract and maintain a di-
verse pool of qualified individuals in sufficient 
numbers in officer pre-commissioning programs. 
(E) The ability of current activities to in-
crease continuation rates for ethnic and gender 
specific members of the Armed Forces. 
(F) The benefits of conducting an annual 
conference attended by civilian military, active- 
duty and retired military, and corporate leaders 
on diversity, to include a review of current pol-
icy and the annual demographic data from the 
Defense Equal Opportunity Management Insti-
tute. 
(G) The status of prior recommendations 
made to the Department of Defense and to
237 
Congress concerning diversity initiatives within 
the Armed Forces. 
(H) The incorporation of private sector 
practices that have been successful in culti-
vating diverse leadership. 
(I) The establishment and maintenance of 
fair promotion and command opportunities for 
ethnic and gender specific members of the 
Armed Forces at the O–5 grade level and 
above. 
(J) An assessment of pre-command billet 
assignments of ethnic-specific members of the 
Armed Forces. 
(K) An assessment of command selection 
of ethnic-specific members of the Armed 
Forces. 
(3) CONSULTATION WITH PRIVATE PARTIES.— 
In carrying out the study under this subsection, the 
commission may consult with appropriate private, 
for profit, and non-profit organizations and advocacy 
groups to learn methods for developing, imple-
menting, and sustaining senior diverse leadership 
within the Department of Defense. 
(e) REPORTS.—
238 
(1) IN GENERAL.—Not later than 12 months 
after the date on which the commission first meets, 
the commission shall submit to the President and 
Congress a report on the study. The report shall in-
clude the following— 
(A) the findings and conclusions of the 
commission; 
(B) the recommendations of the commis-
sion for improving diversity within the Depart-
ment of Defense; and 
(C) other information and recommenda-
tions the commission considers appropriate. 
(2) INTERIM REPORTS.—The commission may 
submit to the President and Congress interim re-
ports as the Commission considers appropriate. 
(f) POWERS OF THE COMMISSION.— 
(1) HEARINGS.—The commission may hold 
such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence as 
the commission considers appropriate. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
Upon request by the chairman of the commission, 
any department or agency of the Federal Govern-
ment may provide information that the commission 
considers necessary to carry out its duties.
239 
(g) INCLUSION OF COAST GUARD IN SENIOR MILI-
TARY LEADERSHIP DIVERSITY COMMISSION.— 
(1) EXPANSION OF COMMISSION.—The commis-
sion shall include two additional members, as fol-
lows: 
(A) 1 retired flag officer of the Coast 
Guard appointed by the Secretary of Homeland 
Security, in consultation with the Commandant 
of the Coast Guard. 
(B) 1 senior commissioned officer or non-
commissioned officer of the Coast Guard on ac-
tive duty appointed by the Secretary of Home-
land Security, in consultation with the Com-
mandant of the Coast Guard. 
(2) ARMED FORCES DEFINED.—In this section, 
the term ‘‘Armed Forces’’ means the Army, Navy, 
Air Force, Marine Corps, and Coast Guard. 
(h) TERMINATION OF COMMISSION.—The commis-
sion shall terminate 60 days after the date on which the 
commission submits the report under subsection (e)(1). 
SEC. 596. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO 
COMBAT ZONES OF DUAL-MILITARY COUPLES 
WHO HAVE MINOR DEPENDENTS. 
(a) AUTHORITY TO OBTAIN DEFERMENT.—In the 
case of a member of the Armed Forces with minor depend-
240 
ents who has a spouse who is also a member of the Armed 
Forces, and the spouse is deployed in an area for which 
imminent danger pay is authorized under section 310 of 
title 37, United States Code, the member may request a 
deferment of a deployment to such an area until the 
spouse returns from such deployment. 
(b) REPEAL OF LIMITED AUTHORITY.—Section 586 
of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 11-–181; 112 Stat. 132; 10 U.S.C. 991 
note) is amended by striking the second sentence. 
SEC. 597. ADDITIONAL FUNDS TO CARRY OUT FUNERAL 
HONOR FUNCTIONS AT FUNERALS FOR VET-
ERANS. 
(a) ADDITIONAL FUNDS.—The amount made avail-
able in section 421 is hereby increased by $3,000,000, of 
which $1,000,000 shall be available to the Secretary of 
the Army, $1,000,000 shall be available to the Secretary 
of the Navy, and $1,000,000 shall be available to the Sec-
retary of the Air Force to comply with the requirements 
of section 1491 of title 10, United States Code. 
(b) CORRESPONDING OFFSET.—The amount pro-
vided in section 201(1) for research, development, test, 
and evaluation, Army, is hereby reduced by $3,000,000, 
to be derived from the basic research under the University 
Research Initiatives.
241 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2009 increase in military basic pay. 
Sec. 602. Permanent prohibition on charges for meals received at military 
treatment facilities by members receiving continuous care. 
Sec. 603. Equitable treatment of senior enlisted members in computation of 
basic allowance for housing. 
Sec. 604. Increase in maximum authorized payment or reimbursement amount 
for temporary lodging expenses. 
Sec. 605. Availability of portion of a second family separation allowance for 
married couples with dependents. 
Sec. 606. Stabilization of pay and allowances for senior enlisted members and 
warrant officers appointed as officers and officers reappointed 
in a lower grade. 
Sec. 607. Extension of authority for income replacement payments for reserve 
component members experiencing extended and frequent mobi-
lization for active duty service. 
Sec. 608. Guaranteed pay increase for members of the Armed Forces of one- 
half of one percentage point higher than Employment Cost 
Index. 
Subtitle B—Bonuses and Special and Incentive Pays 
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 title 37 bonuses 
and special pays. 
Sec. 615. Extension of authorities relating to payment of referral bonuses. 
Sec. 616. Increase in maximum bonus and stipend amounts authorized under 
Nurse Officer Candidate Accession Program. 
Sec. 617. Maximum length of nuclear officer incentive pay agreements for serv-
ice. 
Sec. 618. Technical changes regarding consolidation of special pay, incentive 
pay, and bonus authorities of the uniformed services. 
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to 
encourage training in critical foreign languages and foreign 
cultural studies. 
Sec. 620. Temporary targeted bonus authority to increase direct accessions of 
officers in certain health professions. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Increased weight allowance for transportation of baggage and house-
hold effects for certain enlisted members. 
Sec. 632. Additional weight allowance for transportation of materials associated 
with employment of a member’s spouse or community support 
volunteer or charity activities.
242 
Sec. 633. Transportation of family pets during evacuation of nonessential per-
sonnel. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Equity in computation of disability retired pay for reserve component 
members wounded in action. 
Sec. 642. Effect of termination of subsequent marriage on payment of Survivor 
Benefit Plan annuity to surviving spouse or former spouse who 
previously transferred annuity to dependent children. 
Sec. 643. Extension to survivors of certain members who die on active duty of 
special survivor indemnity allowance for persons affected by re-
quired Survivor Benefit Plan annuity offset for dependency and 
indemnity compensation. 
Sec. 644. Election to receive retired pay for non-regular service upon retirement 
for service in an active reserve status performed after attaining 
eligibility for regular retirement. 
Sec. 645. Recomputation of retired pay and adjustment of retired grade of Re-
serve retirees to reflect service after retirement. 
Sec. 646. Correction of unintended reduction in survivor benefit plan annuities 
due to phased elimination of two-tier annuity computation and 
supplemental annuity. 
Sec. 647. Presumption of death for participants in Survivor Benefit Plan in 
missing status. 
Sec. 648. Eligibility for disability retired pay and separation pay of certain 
former cadets and midshipmen with prior enlisted service. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
and Operations 
Sec. 651. Use of commissary stores surcharges derived from temporary com-
missary initiatives for reserve components and retired mem-
bers. 
Sec. 652. Requirements for private operation of commissary store functions. 
Sec. 653. Additional exception to limitation on use of appropriated funds for 
Department of Defense golf courses. 
Sec. 654. Enhanced enforcement of prohibition on sale or rental of sexually ex-
plicit material on military installations. 
Sec. 655. Requirement to buy military decorations, ribbons, badges, medals, in-
signia, and other uniform accouterments produced in the 
United States. 
Sec. 656. Use of appropriated funds
to pay post allowances or overseas cost 
of living allowances to nonappropriated fund instrumentality 
employees serving overseas. 
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores 
in addition to exchange stores. 
Subtitle F—Other Matters 
Sec. 661. Bonus to encourage Army personnel and other persons to refer per-
sons for enlistment in the Army. 
Sec. 662. Continuation of entitlement to bonuses and similar benefits for mem-
bers of the uniformed services who die, are separated or retired 
for disability, or meet other criteria. 
Sec. 663. Providing injured members of the Armed Forces information con-
cerning benefits.
243 
Sec. 664. Postal benefits program for members of the Armed Forces serving 
in Iraq or Afghanistan. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 
adjustment to become effective during fiscal year 2009 re-
quired by section 1009 of title 37, United States Code, 
in the rates of monthly basic pay authorized members of 
the uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2009, the rates of monthly basic pay for members of 
the uniformed services are increased by 3.9 percent. 
SEC. 602. PERMANENT PROHIBITION ON CHARGES FOR 
MEALS RECEIVED AT MILITARY TREATMENT 
FACILITIES BY MEMBERS RECEIVING CON-
TINUOUS CARE. 
Section 402(h) of title 37, United States Code, is 
amended by striking paragraph (3). 
SEC. 603. EQUITABLE TREATMENT OF SENIOR ENLISTED 
MEMBERS IN COMPUTATION OF BASIC AL-
LOWANCE FOR HOUSING. 
Section 403(b)(2) of title 37, United States Code, is 
amended by adding at the end the following new sentence: 
‘‘After June 30, 2009, the determination of what con-
stitutes adequate housing for members in the pay grade
244 
E–8 with dependents shall be equivalent to the higher 
standard in effect for members in the pay grade E–9 with 
dependents.’’. 
SEC. 604. INCREASE IN MAXIMUM AUTHORIZED PAYMENT 
OR REIMBURSEMENT AMOUNT FOR TEM-
PORARY LODGING EXPENSES. 
(a) INCREASE.—Section 404a(e) of title 37, United 
States Code, is amended by striking ‘‘$180 a day’’ and 
inserting ‘‘$290 a day’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2008. 
SEC. 605. AVAILABILITY OF PORTION OF A SECOND FAMILY 
SEPARATION 
ALLOWANCE 
FOR 
MARRIED 
COUPLES WITH DEPENDENTS. 
(a) AVAILABILITY.—Section 427(d) of title 37, 
United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘A member’’; 
(2) by striking ‘‘Section 421’’ and inserting the 
following: 
‘‘(3) Section 421’’; 
(3) by striking ‘‘However’’ and inserting ‘‘Ex-
cept as provided in paragraph (2)’’; and 
(4) by inserting before paragraph (3), as so 
designated, the following new paragraph:
245 
‘‘(2) If a married couple, both of whom are members 
of the uniformed services, with dependents are simulta-
neously assigned to duties described in subparagraph (A), 
(B), or (C) of subsection (a)(1) and the members resided 
together with their dependents immediately before their 
assignments, the Secretary concerned shall pay one of the 
members the full amount of the monthly allowance speci-
fied in such subsection and the other member one-half of 
the monthly allowance amount until one of the members 
is no longer assigned to duties described in such subpara-
graphs. Upon expiration of the partial allowance, para-
graph (1) shall continue to apply to the remaining member 
so long as the member is assigned to duties described in 
subparagraph (A), (B), or (C) of such subsection.’’. 
(b) APPLICATION OF AMENDMENT.—Paragraph (2) 
of subsection (d) of section 427 of title 37, United States 
Code, as added by subsection (a), shall apply with respect 
to members of the uniformed services described in such 
paragraph who perform service covered by subparagraph 
(A), (B), or (C) of subsection (a)(1) such section on or 
after October 1, 2008.
246 
SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR 
SENIOR ENLISTED MEMBERS AND WARRANT 
OFFICERS APPOINTED AS OFFICERS AND OF-
FICERS REAPPOINTED IN A LOWER GRADE. 
(a) IN GENERAL.—Section 907 of title 37, United 
States Code, is amended to read as follows: 
‘‘§ 907. Members appointed or reappointed as officers: 
no reduction in pay and allowances 
‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 
member of the armed forces who accepts an appointment 
or reappointment as an officer without a break in service 
shall, for service as an officer, be paid the greater of— 
‘‘(1) the pay and allowances to which the officer 
is entitled as an officer; or 
‘‘(2) the pay and allowances to which the officer 
would be entitled if the officer were in the last grade 
the officer held before the appointment or reappoint-
ment as an officer. 
‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 
and (3), for the purposes of this section, the pay of a grade 
formerly held by an officer described in subsection (a) in-
clude special and incentive pays under chapter 5 of this 
title. 
‘‘(2) In determining the amount of the pay of a grade 
formerly held by an officer, special and incentive pays may 
be considered only so long as the officer continues to per-
247 
form the duty that creates the entitlement to, or eligibility 
for, that pay and would otherwise be eligible to receive 
that pay in the former grade. 
‘‘(3) Special and incentive pays that are dependent 
on a member being in an enlisted status may not be con-
sidered in determining the amount of the pay of a grade 
formerly held by an officer. 
‘‘(c) COVERED ALLOWANCES.—(1) Subject to para-
graph (2), for the purposes of this section, the allowances 
of a grade formerly held by an officer described in sub-
section (a) include allowances under chapter 7 of this title. 
‘‘(2) The clothing allowance under section 418 of this 
title may not be considered in determining the amount of 
the allowances of a grade formerly held by an officer de-
scribed in subsection (a) if the officer is entitled to a uni-
form allowance under section 415 of this title. 
‘‘(d) RATES OF PAY AND ALLOWANCES.—For the 
purposes of this section, the rates of pay and allowances 
of a grade that an officer formerly held are those rates 
that the officer would be entitled to had the officer re-
mained in that grade and continued to receive the in-
creases in pay and allowances authorized for that grade, 
as otherwise provided in this title or other provisions of 
law.’’.
248 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 17 of such title is amended 
by striking the item relating to section 907 and inserting 
the following new item: 
‘‘907. Members appointed or reappointed as officers: no reduction in pay and 
allowances.’’. 
SEC. 607. EXTENSION OF AUTHORITY FOR INCOME RE-
PLACEMENT PAYMENTS FOR RESERVE COM-
PONENT 
MEMBERS 
EXPERIENCING 
EX-
TENDED AND FREQUENT MOBILIZATION FOR 
ACTIVE DUTY SERVICE. 
Section 910(g) of title 37, United States Code, is 
amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
SEC. 608. GUARANTEED PAY INCREASE FOR MEMBERS OF 
THE ARMED FORCES OF ONE-HALF OF ONE 
PERCENTAGE POINT HIGHER THAN EMPLOY-
MENT COST INDEX. 
Section 1009(c)(2) of title 37, United States Code, 
is amended by striking ‘‘fiscal years 2004, 2005, and 
2006’’ and inserting ‘‘fiscal years 2010 through 2013’’.
249 
Subtitle B—Bonuses and Special 
and Incentive Pays 
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-
ed by striking ‘‘December 31, 2008’’ and inserting ‘‘De-
cember 31, 2009’’. 
(b) SELECTED RESERVE AFFILIATION OR ENLIST-
MENT BONUS.—Section 308c(i) of such title is amended 
by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem-
ber 31, 2009’’. 
(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, 2008’’ and inserting ‘‘December 31, 2009’’. 
(d) READY RESERVE ENLISTMENT BONUS FOR PER-
SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 
such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(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, 2008’’ and inserting ‘‘December 31, 2009’’.
250 
(f) SELECTED RESERVE ENLISTMENT BONUS FOR 
PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 
title is amended by striking ‘‘December 31, 2008’’ and in-
serting ‘‘December 31, 2009’’. 
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, 2008’’ and 
inserting ‘‘December 31, 2009’’. 
(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— 
(1) by striking ‘‘before’’ and inserting ‘‘on or 
before’’; and 
(2) by striking ‘‘January 1, 2009’’ and insert-
ing ‘‘December 31, 2009’’. 
(c) ACCESSION BONUS FOR REGISTERED NURSES.— 
Section 302d(a)(1) of title 37, United States Code, is 
amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
(d) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of such title is amended
251 
by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem-
ber 31, 2009’’. 
(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, 2008’’ and inserting ‘‘December 
31, 2009’’. 
(f) ACCESSION BONUS FOR DENTAL OFFICERS.— 
Section 302h(a)(1) of such title is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 
2009’’. 
(g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 
Section 302j(a) of such title is amended by striking ‘‘De-
cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(h) ACCESSION BONUS FOR MEDICAL OFFICERS IN 
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section 
302k(f) of such title is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(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, 2008’’ and inserting ‘‘December 31, 2009’’.
252 
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, 2008’’ and inserting ‘‘December 
31, 2009’’. 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 
312b(c) of such title is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(c) 
NUCLEAR
CAREER
ANNUAL
INCENTIVE 
BONUS.—Section 312c(d) of such title is amended by 
striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER TITLE 37 BONUSES AND SPE-
CIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem-
ber 31, 2009’’. 
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 
of such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(c) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Section 308(g) of such title is amended by strik-
253 
ing ‘‘December 31, 2008’’ and inserting ‘‘December 31, 
2009’’. 
(d) ENLISTMENT BONUS.—Section 309(e) of such 
title is amended by striking ‘‘December 31, 2008’’ and in-
serting ‘‘December 31, 2009’’. 
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT-
ICAL SKILLS.—Section 324(g) of such title is amended by 
striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
(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, 2008’’ and inserting ‘‘December 
31, 2009’’. 
(g) 
ACCESSION
BONUS
FOR
OFFICER
CAN-
DIDATES.—Section 330(f) of such title is amended by 
striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
(h) RETENTION BONUS FOR MEMBERS WITH CRIT-
ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY 
UNITS.—Section 355(i) of such title, as redesignated by 
section 661(c) of the National Defense Authorization Act 
for Fiscal Year 2008, is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’.
254 
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF REFERRAL BONUSES. 
(a) HEALTH PROFESSIONS REFERRAL BONUS.— 
Subsection (i) of section 1030 of title 10, United States 
Code, as added by section 671(b) of the National Defense 
Authorization Act for Fiscal Year 2008, is amended by 
striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
(b) ARMY REFERRAL BONUS.—Subsection (h) of sec-
tion 3252 of title 10, United States Code, as added by 
section 671(a) of the National Defense Authorization Act 
for Fiscal Year 2008, is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND 
AMOUNTS AUTHORIZED UNDER NURSE OFFI-
CER CANDIDATE ACCESSION PROGRAM. 
(a) ACCESSION BONUS.—Paragraph (1) of section 
2130a(a) of title 10, United States Code, is amended— 
(1) by striking ‘‘$10,000’’ and inserting 
‘‘$20,000’’; and 
(2) 
by 
striking 
‘‘$5,000’’ 
and 
inserting 
‘‘$10,000’’. 
(b) MONTHLY STIPEND.—Paragraph (2) of such sec-
tion is amended by striking ‘‘$1,000’’ and inserting 
‘‘$1,250’’.
255 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2008. 
SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCEN-
TIVE PAY AGREEMENTS FOR SERVICE. 
Section 312(a)(3) of title 37, United States Code, is 
amended by striking ‘‘three, four, or five years’’ and in-
serting ‘‘not less than three years’’. 
SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDA-
TION OF SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES OF THE UNIFORMED 
SERVICES. 
(a) ELIGIBILITY REQUIREMENTS FOR NUCLEAR OF-
FICER BONUS AND INCENTIVE PAY.—Section 333 of title 
37, United States Code, is amended— 
(1) in subsection (a)(2), by striking ‘‘and oper-
ational’’; and 
(2) in subsection (b)(2), by striking ‘‘and oper-
ational’’. 
(b) RELATIONSHIP OF AVIATION INCENTIVE PAY TO 
OTHER PAY
AND ALLOWANCES.—Section 334(f)(1) of 
such title is amended by striking ‘‘section 351’’ and insert-
ing ‘‘section 351(a)(2)’’. 
(c) HEALTH PROFESSIONS INCENTIVE PAY.—Sec-
tion 335(e)(1)(D)(i) of such title is amended by striking 
‘‘dental surgeons’’ and inserting ‘‘dental officers’’.
256 
(d) NO PRO-RATED PAYMENT OF CERTAIN HAZ-
ARDOUS DUTY PAYS.—Section 351(c) of such title is 
amended by striking ‘‘subsection (a)’’ and inserting ‘‘para-
graph (1) or (3) of subsection (a)’’. 
(e) AVAILABILITY OF HAZARDOUS DUTY PAY.—Sec-
tion 351(f) of such title is amended— 
(1) by striking ‘‘in administering subsection 
(a)’’ and inserting ‘‘in connection with determining 
whether a triggering event has occurred for the pro-
vision of hazardous duty pay under subsection 
(a)(1)’’; and 
(2) by striking the last sentence. 
(f) TERMINATION PROVISION FOR HAZARDOUS DUTY 
PAY.—Section 351(i) of such title is amended by inserting 
before the period the following: ‘‘, unless receipt of the 
hazardous duty pay is specified in an agreement entered 
into between the member and the Secretary concerned be-
fore that date’’. 
SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PRO-
FICIENCY BONUS AUTHORITIES TO ENCOUR-
AGE TRAINING IN CRITICAL FOREIGN LAN-
GUAGES AND FOREIGN CULTURAL STUDIES. 
(a) ELIGIBILITY FOR SKILL PROFICIENCY BONUS.— 
Subsection (b) of section 353 of title 37, United States 
Code, is amended to read as follows:
257 
‘‘(b) SKILL PROFICIENCY BONUS.— 
‘‘(1) AVAILABILITY; ELIGIBLE PERSONS.—The 
Secretary concerned may pay a proficiency bonus to 
a member of a regular or reserve component of the 
uniformed services who— 
‘‘(A) is entitled to basic pay under section 
204 of this title or compensation under section 
206 of this title or is enrolled in an officer 
training program; and 
‘‘(B) is determined to have, and maintains, 
certified proficiency under subsection (d) in a 
skill designated as critical by the Secretary con-
cerned or is in training to acquire proficiency in 
a critical foreign language or expertise in for-
eign cultural studies or a related skill des-
ignated as critical by the Secretary concerned. 
‘‘(2) INCLUSION
OF
CERTAIN
SENIOR
ROTC 
MEMBERS.—A proficiency bonus may be paid under 
this subsection to a student who is enrolled in the 
Senior Reserve Officers’ Training Corps program 
even though the student is in the first year of the 
four-year course under the program. During the pe-
riod covered by the proficiency bonus, the student 
shall also be entitled to a monthly subsistence allow-
ance under section 209(c) of this title even though
258 
the student has not entered into an agreement under 
section 2103a of title 10. However, if the student re-
ceives incentive pay under subsection (g)(2) for the 
same period, the student may receive only a single 
monthly subsistence allowance under section 209(c) 
of this title.’’. 
(b) AVAILABILITY OF INCENTIVE PAY FOR PARTICI-
PATION IN FOREIGN LANGUAGE EDUCATION OR TRAIN-
ING PROGRAMS.—Such section is further amended— 
(1) by redesignating subsections (g), (h), and 
(i) as subsections (h), (i), and (j), respectively; and 
(2) by inserting after subsection (f) the fol-
lowing new subsection (g): 
‘‘(g) FOREIGN LANGUAGE STUDIES
IN OFFICER 
TRAINING PROGRAMS.— 
‘‘(1) AVAILABILITY OF INCENTIVE PAY.—The 
Secretary concerned may pay incentive pay to a per-
son enrolled in an officer training program to also 
participate in an education or training program to 
acquire proficiency in a critical foreign language or 
expertise in foreign cultural studies or a related skill 
designated as critical by the Secretary concerned. 
‘‘(2) INCLUSION
OF
CERTAIN
SENIOR
ROTC 
MEMBERS.—Incentive pay may be paid under this 
subsection to a student who is enrolled in the Senior
259 
Reserve Officers’ Training Corps program even 
though the student is in the first year of the four- 
year course under the program. While the student 
receives the incentive pay, the student shall also be 
entitled to a monthly subsistence allowance under 
section 209(c) of this title even though the student 
has not entered into an agreement under section 
2103a of title 10. However, if the student receives 
a proficiency bonus under subsection (b)(2) covering 
the same month, the student may receive only a sin-
gle monthly subsistence allowance under section 
209(c) of this title. 
‘‘(3) 
CRITICAL
FOREIGN
LANGUAGE
DE-
FINED.—In this section, the term ‘critical foreign 
language’ includes Arabic, Korean, Japanese, Chi-
nese, Pashto, Persian-Farsi, Serbian-Croatian, Rus-
sian, Portuguese, or other language designated as 
critical by the Secretary concerned.’’. 
(c) PILOT PROGRAM FOR FOREIGN LANGUAGE PRO-
FICIENCY TRAINING FOR RESERVE MEMBERS.— 
(1) PILOT
PROGRAM
REQUIRED.—The Sec-
retary of Defense shall conduct a pilot program to 
provide a skill proficiency bonus under section 
353(b) of title 37, United States Code, to a member 
of a reserve component of the uniformed services
260 
who is entitled to compensation under section 206 of 
such title while the member participates in an edu-
cation or training program to acquire proficiency in 
a critical foreign language or expertise in foreign 
cultural studies or a related skill designated as crit-
ical under such section 353. 
(2) DURATION OF PILOT PROGRAM.—The Sec-
retary shall conduct the pilot program during the pe-
riod beginning on October 1, 2008, and ending on 
December 31, 2013. Incentive pay may not be pro-
vided under the pilot program after December 31, 
2013. 
(3) REPORTING REQUIREMENT.—Not later than 
March 31, 2012, the Secretary shall submit to Con-
gress a report containing the results of the pilot pro-
gram and the recommendations of the Secretary re-
garding whether to continue or expand the pilot pro-
gram. 
(d) 
EXPEDITED
IMPLEMENTATION.—Notwith-
standing section 662 of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 180; 37 U.S.C. 301 note), the Secretary of a military 
department may immediately implement the amendments 
made by subsections (a) and (b) in order to ensure the 
prompt availability of proficiency bonuses and incentive
261 
pay under section 353 of title 37, United States Code, as 
amended by such subsections, for persons enrolled in offi-
cer training programs. 
SEC. 620. TEMPORARY TARGETED BONUS AUTHORITY TO 
INCREASE DIRECT ACCESSIONS OF OFFICERS 
IN CERTAIN HEALTH PROFESSIONS. 
(a) DESIGNATION OF CRITICALLY SHORT WARTIME 
HEALTH SPECIALTIES.—For purposes of section 335 of 
title 37, United States Code, as added by section 661 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181), the following health profes-
sions are designated as a critically short wartime specialty 
under subsection (a)(2) of such section: 
(1) Psychologists who have been awarded a di-
ploma as a Diplomate in Psychology by the Amer-
ican Board of Professional Psychology and are fully 
licensed and such other mental health practitioners 
as the Secretary concerned determines to be nec-
essary. 
(2) Registered nurses. 
(b) SPECIAL AGREEMENT AUTHORITY.—Under the 
authority provided by this section, the Secretary concerned 
may enter into an agreement under subsection (f) of sec-
tion 335 of title 37, United States Code, to pay a health 
professions bonus under such section to a person who ac-
262 
cepts a commission or appointment as an officer and 
whose health profession specialty is specified in subsection 
(a). 
(c) EFFECTIVE PERIOD.—This section shall take ef-
fect on October 1, 2008. The designations made by sub-
section (a) and the authority to enter into an agreement 
under subsection (b) expire on September 30, 2010. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 631. INCREASED WEIGHT ALLOWANCE FOR TRANS-
PORTATION OF BAGGAGE AND HOUSEHOLD 
EFFECTS FOR CERTAIN ENLISTED MEMBERS. 
(a) ALLOWANCE.—The table in section 406(b)(1)(C) 
of title 37, United States Code, is amended by striking 
the items relating to pay grades E–5 through E–9 and 
inserting the following new items: 
Pay Grade 
Without Dependents 
With Dependents 
‘‘E–9 
13,500 
15,500 
E–8 
12,500 
14,500 
E–7 
11,500 
13,500 
E–6 
8,500 
11,500 
E–5 
7,500 
9,500’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2008.
263 
SEC. 632. ADDITIONAL WEIGHT ALLOWANCE FOR TRANS-
PORTATION 
OF 
MATERIALS 
ASSOCIATED 
WITH EMPLOYMENT OF A MEMBER’S SPOUSE 
OR COMMUNITY SUPPORT VOLUNTEER OR 
CHARITY ACTIVITIES. 
(a) ADDITIONAL
WEIGHT
ALLOWANCE.—Section 
406(b)(1) of title 37, United States Code, is amended by 
adding at the end the following new subparagraph: 
‘‘(H) In connection with a change of permanent sta-
tion of a member, the Secretary concerned shall increase 
the weight allowance otherwise applicable under subpara-
graph (C) for the member by 200 pounds for the purpose 
of facilitating the shipment of materials associated with 
the employment of the member’s spouse or community 
support volunteer or charity activities of the member and 
any dependents of the member.’’. 
SEC. 633. TRANSPORTATION OF FAMILY PETS DURING 
EVACUATION 
OF 
NONESSENTIAL 
PER-
SONNEL. 
Section 406(b)(1) of title 37, United States Code, is 
amended by inserting after subparagraph (H), as added 
by section 632, the following new subparagraph: 
‘‘(I) In connection with an evacuation from a perma-
nent station located in a foreign area, a member is entitled 
to transportation of not more than two family household 
pets, including shipment and the payment of quarantine
264 
fees, if any. As an alternative to the provision of transpor-
tation for the pets, the Secretary concerned may reim-
burse the member or provide a monetary allowance under 
subparagraph (F) if other commercial transportation 
means are used. A member is not entitled to transpor-
tation under this subparagraph for horses, livestock, or 
pets weighing in excess of 150 pounds or for animals that 
the Secretary concerned determines are exotic pets or en-
dangered species.’’. 
Subtitle D—Retired Pay and 
Survivor Benefits 
SEC. 641. EQUITY IN COMPUTATION OF DISABILITY RE-
TIRED PAY FOR RESERVE COMPONENT MEM-
BERS WOUNDED IN ACTION. 
Section 1208(b) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘A member’’ and inserting ‘‘(1) 
Except as provided in paragraph (2), a member’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) If a member of the uniformed services who is 
not a member of a regular component is retired under this 
chapter or is placed on the temporary disability retired 
list under this chapter because of a disability incurred
265 
after the date of the enactment of this paragraph for 
which the member is awarded the Purple Heart, the mem-
ber shall be credited, for the purposes of this chapter, with 
the number of years of service that would be counted if 
computing the member’s years of service under section 
12732 of this title.’’. 
SEC. 642. EFFECT OF TERMINATION OF SUBSEQUENT MAR-
RIAGE ON PAYMENT OF SURVIVOR BENEFIT 
PLAN ANNUITY TO SURVIVING SPOUSE OR 
FORMER SPOUSE WHO PREVIOUSLY TRANS-
FERRED 
ANNUITY 
TO 
DEPENDENT 
CHIL-
DREN. 
Section 1450(b)(3) of title 10, United States Code, 
is amended by adding at the end the following new sen-
tence: ‘‘The payment of an annuity to a surviving spouse 
or former spouse under this paragraph shall be resumed 
even though the surviving spouse or former spouse pre-
viously transferred the annuity to a child or children under 
section 1448(d)(2)(B) of this title if, when the marriage 
is so terminated, the child or children, due to loss of de-
pendent status, death, or other cause, are no longer eligi-
ble for the annuity under such section.’’.
266 
SEC. 643. EXTENSION TO SURVIVORS OF CERTAIN MEM-
BERS WHO DIE ON ACTIVE DUTY OF SPECIAL 
SURVIVOR INDEMNITY ALLOWANCE FOR PER-
SONS AFFECTED BY REQUIRED SURVIVOR 
BENEFIT PLAN ANNUITY OFFSET FOR DE-
PENDENCY AND INDEMNITY COMPENSATION. 
(a) EXTENSION.—Subsection (m) of section 1450 of 
title 10, United States Code, as added by section 644 of 
the National Defense Authorization Act for Fiscal Year 
2008, is amended in paragraph (1)(B) by striking ‘‘section 
1448(a)(1) of this title’’ and inserting ‘‘subsection (a)(1) 
of section 1448 of this title or by reason of coverage under 
subsection (d) of such section’’. 
(b) APPLICATION OF AMENDMENT.—The amendment 
made by subsection (a) shall apply with respect to the 
month beginning on October 1, 2008, and subsequent 
months as provided by paragraph (6) of subsection (m) 
of section 1450 of title 10, United States Code, as added 
by section 644 of the National Defense Authorization Act 
for Fiscal Year 2008.
267 
SEC. 644. ELECTION TO RECEIVE RETIRED PAY FOR NON- 
REGULAR SERVICE UPON RETIREMENT FOR 
SERVICE IN AN ACTIVE RESERVE STATUS 
PERFORMED AFTER ATTAINING ELIGIBILITY 
FOR REGULAR RETIREMENT. 
(a) ELECTION AUTHORITY; REQUIREMENTS.—Sub-
section (a) of section 12741 of title 10, United States 
Code, is amended to read as follows: 
‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE 
RETIRED PAY.—(1) A person may elect to receive retired 
pay under this chapter, instead of receiving retired or re-
tainer pay under chapter 65, 367, 571, or 867 of this title, 
if— 
‘‘(A) the person satisfies the requirements spec-
ified in paragraphs (1) and (2) of section 12731(a) 
of this title for entitlement to retired pay under this 
chapter; 
‘‘(B) the person served in an active status in 
the Selected Reserve of the Ready Reserve after be-
coming eligible for retirement under chapter 65, 
367, 571, or 867 of this title (without regard to 
whether the person actually retired or received re-
tired or retainer pay under one of those chapters); 
‘‘(C) the person completed not less than two 
years of service in such active status (excluding any 
period of active service); and
268 
‘‘(D) the service of the person in such active 
status is determined by the Secretary concerned to 
have been satisfactory. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1)(C) in 
the case of a person who— 
‘‘(A) completed at least six months of service in 
a position of adjutant general required under section 
314 of title 32 or in a position of assistant adjutant 
general subordinate to such a position of adjutant 
general; and 
‘‘(B) failed to complete the minimum two years 
of service solely because the appointment of the per-
son to such position was terminated or vacated as 
described in section 324(b) of title 32.’’. 
(b) ACTIONS
TO EFFECTUATE ELECTION.—Sub-
section (b) of such section is amended by striking para-
graph (1) and inserting the following new paragraph: 
‘‘(1) terminate the eligibility of the person to 
retire under chapter 65, 367, 571, or 867 of this 
title, if the person is not already retired under one 
of those chapters, and terminate entitlement of the 
person to retired or retainer pay under one of those 
chapters, if the person was already receiving retired 
or retainer pay under one of those chapters; and’’.
269 
(c) CONFORMING AMENDMENT TO REFLECT NEW 
VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub-
section (d) of such section is amended— 
(1) in paragraph (1), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under section 12731(f) 
of this title’’; and 
(2) in paragraph (2)(A), by striking ‘‘attains 60 
years of age’’ and inserting ‘‘attains the eligibility 
age applicable to the person under such section’’. 
(d) REPEAL OF RESTRICTION ON ELECTION TO RE-
CEIVE RESERVE RETIRED PAY.—Section 12731(a) of 
such title is amended— 
(1) by inserting ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking ‘‘; and’’ at the end of paragraph 
(3) and inserting a period; and 
(3) by striking paragraph (4). 
(e) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for sec-
tion 12741 of such title is amended to read as fol-
lows:
270 
‘‘§ 12741. Retirement for service in an active status 
performed in the Selected Reserve of the 
Ready Reserve after eligibility for reg-
ular retirement’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1223 of such title is 
amended by striking the item relating to section 
12741 and inserting the following new item: 
‘‘12741. Retirement for service in an active status performed in the Selected Re-
serve of the Ready Reserve after eligibility for regular retire-
ment.’’. 
(f) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of January 
1, 2008. 
SEC. 645. RECOMPUTATION OF RETIRED PAY AND ADJUST-
MENT OF RETIRED GRADE OF RESERVE RE-
TIREES TO REFLECT SERVICE AFTER RE-
TIREMENT. 
(a) RECOMPUTATION.—Section 10145 of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(e)(1) If a member of the Retired Reserve is recalled 
to an active status under subsection (d) in the Selected 
Reserve of the Ready Reserve and completes not less than 
two years of service in such active status, the member is 
entitled to—
271 
‘‘(A) the recomputation of the retired pay of 
the member determined under section 12739 of this 
title; and 
‘‘(B) in the case of a commissioned officer, an 
adjustment in the retired grade of the member in 
the manner provided in section 1370 of this title. 
‘‘(2) The Secretary concerned may reduce the two- 
year service requirement specified in paragraph (1) in the 
case of a member who— 
‘‘(A) is recalled to serve in a position of adju-
tant general required under section 314 of title 32 
or in a position of assistant adjutant general subor-
dinate to such a position of adjutant general; 
‘‘(B) completes at least six months of service in 
such position; and 
‘‘(C) fails to complete the minimum two years 
of service solely because the appointment of the 
member to such position is terminated or vacated as 
described in section 324(b) of title 32.’’. 
(b) RETROACTIVE APPLICABILITY.—The amendment 
made by this section shall take effect as of January 1, 
2008.
272 
SEC. 646. CORRECTION OF UNINTENDED REDUCTION IN 
SURVIVOR BENEFIT PLAN ANNUITIES DUE TO 
PHASED ELIMINATION OF TWO-TIER ANNU-
ITY COMPUTATION AND SUPPLEMENTAL AN-
NUITY. 
Effective as of October 28, 2004, and as if included 
therein as enacted, section 644(c) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375; 118 Stat. 1961; 19 
U.S.C. 1450 note) is amended by adding at the end the 
following new paragraph: 
‘‘(3) SAVINGS PROVISION.—If, as a result of the 
recomputation of annuities under section 1450 of 
title 10, United States Code, and supplemental sur-
vivor annuities under section 1457 of such title, as 
required by paragraph (1), the total amount of both 
annuities to be paid to an annuitant for a month 
would be less (because of the offset required by sec-
tion 1450(c) of such title for dependency and indem-
nity compensation) than the amount that would be 
paid to the annuitant in the absence of recomputa-
tion, the Secretary of Defense shall take such ac-
tions as are necessary to adjust the annuity amounts 
to eliminate the reduction.’’.
273 
SEC. 647. PRESUMPTION OF DEATH FOR PARTICIPANTS IN 
SURVIVOR BENEFIT PLAN IN MISSING STA-
TUS. 
(a) CONDITIONS ON PRESUMPTION.—In the case of 
a participant in the Survivor Benefit Plan who has been 
determined by the Secretary of State to have been kid-
napped in Iraq or Afghanistan on or after August 1, 2007, 
the Secretary of a military department may not make a 
determination under section 1450(l) of title 10, United 
States Code, that the participant is missing, with the pre-
sumption of death, until the earlier of— 
(1) a period of at least 7 years expires after the 
date of the determination of the Secretary of State; 
or 
(2) the date on which the participant is con-
firmed dead and a death certificate is delivered to 
the next of kin of the participant. 
(b) RESUMPTION OF RETIRED PAY; PAYMENT OF 
BACK PAY.—In the case of a participant in the Survivor 
Benefit Plan described in subsection (a) who was pre-
sumed to be dead before the date of the enactment of this 
Act under section 1450(l) of title 10, United States Code, 
the Secretary of a military department concerned shall— 
(1) resume payment of any retired pay to which 
the participant is entitled to as a retired member of
274 
the Armed Forces pending satisfaction of the condi-
tions specified in subsection (a); and 
(2) pay retired pay for periods occurring before 
the date of the enactment of this Act for which re-
tired pay was not paid because of the presumption 
of death. 
SEC. 648. ELIGIBILITY FOR DISABILITY RETIRED PAY AND 
SEPARATION PAY OF CERTAIN FORMER CA-
DETS AND MIDSHIPMEN WITH PRIOR EN-
LISTED SERVICE. 
Section 1217(a) of title 10, United States Code, is 
amended by striking ‘‘incurred after October 28, 2004.’’ 
and inserting ‘‘incurred— 
‘‘(1) after October 28, 2004; or 
‘‘(2) after January 1, 2000, in the case of a 
cadet or midshipman who was discharged from an 
enlisted grade in order to accept an appointment as 
a cadet or midshipman.’’.
275 
Subtitle E—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 651. USE OF COMMISSARY STORES SURCHARGES DE-
RIVED FROM TEMPORARY COMMISSARY INI-
TIATIVES FOR RESERVE COMPONENTS AND 
RETIRED MEMBERS. 
Section 2484(h) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; 
(2) in such paragraph (4), as so redesignated, 
by striking ‘‘paragraph (1) or (2)’’ and inserting 
‘‘paragraph (1), (2), or (3)’’; and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3)(A) The Secretary of Defense may use the pro-
ceeds derived from surcharges imposed under subsection 
(d) in connection with sales of commissary merchandise 
through initiatives described in subparagraph (B) to offset 
the cost of such initiatives. 
‘‘(B) Subparagraph (A) applies with respect to initia-
tives, utilizing temporary and mobile equipment, intended 
to provide members of reserve components, Retired mem-
bers, and other persons eligible for commissary benefits,
276 
but without reasonable access to commissary stores, im-
proved access to commissary merchandise.’’. 
SEC. 652. REQUIREMENTS FOR PRIVATE OPERATION OF 
COMMISSARY STORE FUNCTIONS. 
Section 2485(a)(2) of title 10, United States Code, 
is amended in the last sentence by striking ‘‘December 31, 
2008’’ and inserting ‘‘December 31, 2013’’. 
SEC. 653. ADDITIONAL EXCEPTION TO LIMITATION ON USE 
OF APPROPRIATED FUNDS FOR DEPART-
MENT OF DEFENSE GOLF COURSES. 
Section 2491a of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (2) of sub-
section (b) as subsection (c) and, in such subsection 
(as so redesignated)— 
(A) by inserting ‘‘REGULATIONS.—’’ before 
‘‘The Secretary’’; and 
(B) by striking ‘‘this subsection’’ and in-
serting ‘‘subsection (b)’’; and 
(2) by inserting after paragraph (1) of sub-
section (b) the following new paragraph: 
‘‘(2) Subsection (a) does not apply to the purchase 
and maintenance of specialized golf carts designed to ac-
commodate persons with disabilities and the use of the golf
277 
carts at a facility or installation where the Secretary deter-
mines the golf carts can be safely operated.’’. 
SEC. 654. ENHANCED ENFORCEMENT OF PROHIBITION ON 
SALE OR RENTAL OF SEXUALLY EXPLICIT 
MATERIAL ON MILITARY INSTALLATIONS. 
(a) ESTABLISHMENT OF RESALE ACTIVITIES RE-
VIEW BOARD.—Section 2495b of title 10, United States 
Code, is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) RESALE ACTIVITIES REVIEW BOARD.—(1) The 
Secretary of Defense shall establish a nine-member board 
to make recommendations to the Secretary regarding 
whether material sold or rented, or proposed for sale or 
rental, on property under the jurisdiction of the Depart-
ment of Defense is barred from sale or rental by sub-
section (a). 
‘‘(2)(A) The Secretary of Defense shall appoint six 
members of the board to broadly represent the interests 
of the patron base served by the defense commissary sys-
tem and the exchange system. The Secretary shall appoint 
one of the members to serve as the chairman of the board. 
At least one member appointed under this subparagraph
278 
shall be a person with experience managing or advocating 
for military family programs and who is also an eligible 
patron of the defense commissary system and the ex-
change system. 
‘‘(B) The Secretary of each of the military depart-
ments shall appoint one member of the board. 
‘‘(C) A vacancy on the board shall be filled in the 
same manner as the original appointment. 
‘‘(3) The Secretary of Defense may detail persons to 
serve as staff for the board. At a minimum, the Secretary 
shall ensure that the board is assisted at meetings by mili-
tary resale and legal advisors. 
‘‘(4) The recommendations made by the board under 
paragraph (1) shall be made available to the public. The 
Secretary of Defense shall publicize the availability of such 
recommendations by such means as the Secretary con-
siders appropriate. 
‘‘(5) Members of the board shall be allowed travel ex-
pense, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I 
of chapter 57 of title 5 while away from their homes or 
regular places of business in the performance of services 
for the board.’’. 
(b) DEADLINE FOR ESTABLISHMENT AND INITIAL 
MEETING.—
279 
(1) ESTABLISHMENT.—The board required by 
subsection (c) of section 2495b of title 10, United 
States Code, as added by subsection (a), shall be es-
tablished, and its initial nine members appointed, 
not later than 120 days after the date of the enact-
ment of this Act. 
(2) MEETINGS.—The board shall conduct an 
initial meeting within one year after the date of the 
appointment of the initial members of the board. At 
the discretion of the board, the board may consider 
all materials previously reviewed under such section 
as available for reconsideration for a minimum of 
180 days following the initial meeting of the board. 
SEC. 655. REQUIREMENT TO BUY MILITARY DECORATIONS, 
RIBBONS, BADGES, MEDALS, INSIGNIA, AND 
OTHER 
UNIFORM 
ACCOUTERMENTS 
PRO-
DUCED IN THE UNITED STATES. 
(a) REQUIREMENT.—Subchapter III of chapter 147 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2495c. Requirement to buy military decorations 
and other uniform accouterments from 
American sources; exceptions 
‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex-
change store or other nonappropriated fund instrumen-
280 
tality of the Department of Defense may not purchase for 
resale any military decorations, ribbons, badges, medals, 
insignia, and other uniform accouterments that are not 
produced in the United States. 
‘‘(b) EXCEPTION.—Subsection (a) does not apply to 
the extent that the Secretary of Defense determines 
that— 
‘‘(1) a satisfactory quality and sufficient quan-
tity of an item covered by such subsection and pro-
duced in the United States cannot be procured; or 
‘‘(2) the purchase of the item produced outside 
the United States is in the best interests of members 
of the armed forces. 
‘‘(c) CONGRESSIONAL NOTIFICATION.—As soon as 
practicable after an exception is granted under subsection 
(b), the Secretary of Defense shall submit to Congress a 
report explaining the reasons for the exception. 
‘‘(d) UNITED STATES DEFINED.—In this section, the 
term ‘United States’ includes the Commonwealth of Puer-
to Rico, Guam, the United States Virgin Islands, the Com-
monwealth of the Northern Mariana Islands, American 
Samoa, and any other territory or possession of the United 
States.’’.
281 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2495c. Requirement to buy military decorations and other uniform 
accouterments from American sources; exceptions.’’. 
SEC. 656. USE OF APPROPRIATED FUNDS
TO PAY POST AL-
LOWANCES OR OVERSEAS COST OF LIVING 
ALLOWANCES TO NONAPPROPRIATED FUND 
INSTRUMENTALITY 
EMPLOYEES 
SERVING 
OVERSEAS. 
(a) AUTHORITY TO USE APPROPRIATED FUNDS.— 
Chapter 81 of title 10, United States Code, is amended 
by inserting after section 1587a the following new section: 
‘‘§ 1587b. Employees of nonappropriated fund instru-
mentalities: payment of overseas post al-
lowances or overseas cost of living allow-
ances 
‘‘(a) USE OF APPROPRIATED FUNDS TO PAY ALLOW-
ANCES.—Subject to the availability of appropriated funds 
for this purpose, the Secretary of Defense may pay post 
allowances or cost of living allowances to an non-
appropriated fund instrumentality employee who is a cit-
izen of the United States and is employed in a full-time 
position at a location outside of the continental United 
States.
282 
‘‘(b) DURATION.—The Secretary of Defense may use 
the authority provided by this section to pay post allow-
ances or cost of living allowances that have been due to 
an nonappropriated fund instrumentality employee or 
former employee since December 1, 2001, but have not 
been previously paid. No allowance may be provided under 
this section after December 31, 2011. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘nonappropriated fund instru-
mentality employee’ has the meaning given that 
term in section 1587 of this title. 
‘‘(2) The term ‘continental United States’ 
means the 48 contiguous States and the District of 
Columbia.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1587a the following new 
item: 
‘‘1587b. Employees of nonappropriated fund instrumentalities: payment of over-
seas post allowances or overseas cost of living allowances.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2008.
283 
SEC. 657. STUDY REGARDING SALE OF ALCOHOLIC WINE 
AND BEER IN COMMISSARY STORES IN ADDI-
TION TO EXCHANGE STORES. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study evaluating the propriety, patron con-
venience, and financial utility of including alcoholic wine 
and beer as an authorized commissary merchandise cat-
egory for sale in, at, or by commissary stores. 
(b) PILOT PROGRAM.— 
(1) AUTHORIZED.—In connection with the 
study required by subsection (a), the Secretary may 
conduct a pilot program involving the sale of alco-
holic wine and beer in commissary stores if the Sec-
retary determines that such a pilot program would 
be useful in making the evaluations required by such 
subsection. 
(2) SCOPE.— If the Secretary determines that 
the pilot program would be useful, the Secretary 
shall conduct the pilot program at a minimum of 10 
locations for a period of not less than four months 
nor greater than one year. 
(c) REPORT.—Within 120 days after completion of 
the study required in subsection (a), the Secretary shall 
submit to Congress a report containing the findings and 
recommendations of the Secretary developed as a result 
of the study and the results of the pilot program, if con-
284 
ducted under subsection (b). The Secretary may delay the 
submission of the report pending the conclusion of the 
pilot program. 
Subtitle F—Other Matters 
SEC. 661. BONUS TO ENCOURAGE ARMY PERSONNEL AND 
OTHER PERSONS TO REFER PERSONS FOR 
ENLISTMENT IN THE ARMY. 
(a) AVAILABILITY OF BONUS TO TRAINED CIVIL-
IANS.—Subsection (a)(2) of section 3252 of title 10, 
United States Code, is amended by adding at the end the 
following new subparagraph: 
‘‘(F) A member of the general public who has 
completed a training course provided by the Sec-
retary, directly or through an entity contracted to 
provide such training, regarding the appropriate pro-
cedures used to recruit persons for enlistment in the 
Army.’’. 
(b) TIME FOR PAYMENT OF BONUS.—Subsection (b) 
of such section is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph:
285 
‘‘(3) when the individual concerned contacts an 
entity contracted to recruit persons for enlistment in 
the Army.’’. 
(c) PAYMENT METHODS.—Such section is further 
amended— 
(1) in subsection (d), by striking the second 
sentence; and 
(2) by striking subsection (e) and inserting the 
following new subsection: 
‘‘(e) PAYMENT METHODS.—At the discretion of the 
Secretary, a bonus payable for a referral of a person under 
subsection (a) may be paid— 
‘‘(1) directly to the individual referred to in 
subsection (b) making the referral; or 
‘‘(2) through an entity contracted to make 
bonus payments under this section.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 3252. Bonus to encourage Army personnel and 
other persons to refer persons for enlist-
ment in the Army’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 333 of such title is
286 
amended by striking the item relating to section 
3252 and inserting the following new item: 
‘‘3252. Bonus to encourage Army personnel and other persons to refer persons 
for enlistment in the Army.’’. 
SEC. 662. CONTINUATION OF ENTITLEMENT TO BONUSES 
AND SIMILAR BENEFITS FOR MEMBERS OF 
THE UNIFORMED SERVICES WHO DIE, ARE 
SEPARATED OR RETIRED FOR DISABILITY, 
OR MEET OTHER CRITERIA. 
(a) DISCRETION TO PROVIDE EXCEPTION TO TERMI-
NATION AND REPAYMENT REQUIREMENTS UNDER CER-
TAIN CIRCUMSTANCES.—Section 303a(e) of title 37, 
United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘; 
TERMINATION
OF
ENTITLEMENT
TO
UNPAID 
AMOUNTS’’ after ‘‘MET’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘A member’’ and inserting 
‘‘(A) Except as provided in paragraph (2), a 
member’’; and 
(B) by striking ‘‘the requirements, except 
in certain circumstances authorized by the Sec-
retary concerned.’’ and inserting ‘‘the eligibility 
requirements and may not receive any unpaid 
amounts of the bonus or similar benefit after 
the member fails to satisfy the requirements,
287 
unless the Secretary concerned determines that 
the imposition of the repayment requirement 
and termination of the payment of unpaid 
amounts of the bonus or similar benefit with re-
gard to the member would be contrary to a per-
sonnel policy or management objective, would 
be against equity and good conscience, or would 
be contrary to the best interests of the United 
States.’’; and 
(3) by redesignating paragraph (2) as subpara-
graph (B) of paragraph (1). 
(b) MANDATORY PAYMENT OF UNPAID AMOUNTS 
UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF 
UNEARNED
AMOUNTS.—Section 303a(e) of title 37, 
United States Code, is amended by inserting after para-
graph (1), as amended by subsection (a), the following 
new paragraph (2): 
‘‘(2)(A) If a member of the uniformed services dies 
(other than as a result the member’s misconduct) or is 
retired or separated for disability under chapter 61 of title 
10, the Secretary concerned— 
‘‘(i) shall not require repayment by the member 
or the member’s estate of the unearned portion of 
any bonus or similar benefit previously paid to the 
member; and
288 
‘‘(ii) shall require the payment to the member 
or the member’s estate of the remainder of any 
bonus or similar benefit that was not yet paid to the 
member, but to which the member was entitled im-
mediately before the death, retirement, or separation 
of the member, and would be paid if not for the 
death, retirement, or separation of the member. 
‘‘(B) The amount to be paid under subparagraph 
(A)(ii) shall be equal to the full amount specified by the 
agreement or contract applicable to the bonus or similar 
benefit as if the member continued to be entitled to the 
bonus or similar benefit following the death, retirement, 
or separation. 
‘‘(C) Amounts to be paid to a member or the mem-
ber’s estate under subparagraph (A)(ii) shall be paid in 
a lump sum not later than 90 days after the date of the 
death, retirement, or separation of the member, whichever 
applies.’’. 
(c) CONFORMING AMENDMENTS REFLECTING CON-
SOLIDATED SPECIAL PAY AND BONUS AUTHORITIES.— 
(1) CONFORMING AMENDMENTS.—Section 373 
of title 37, United States Code, as added by section 
661 of the National Defense Authorization Act for 
Fiscal Year 2008, is amended— 
(A) in subsection (a)—
289 
(i) in the subsection heading, by in-
serting ‘‘AND TERMINATION’’ after ‘‘RE-
PAYMENT’’; and 
(ii) by inserting before the period at 
the end the following: ‘‘, and the member 
may not receive any unpaid amounts of the 
bonus, incentive pay, or similar benefit 
after the member fails to satisfy such serv-
ice or eligibility requirement’’; and 
(B) by striking subsection (b) and insert-
ing the following new subsection: 
‘‘(b) EXCEPTIONS.— 
‘‘(1) DISCRETION TO PROVIDE EXCEPTION TO 
TERMINATION AND REPAYMENT REQUIREMENTS.— 
Pursuant to the regulations prescribed to administer 
this section, the Secretary concerned may grant an 
exception to the repayment requirement and require-
ment to terminate the payment of unpaid amounts 
of a bonus, incentive pay, or similar benefit if the 
Secretary concerned determines that the imposition 
of the repayment and termination requirements with 
regard to a member of the uniformed services would 
be contrary to a personnel policy or management ob-
jective, would be against equity and good conscience,
290 
or would be contrary to the best interests of the 
United States. 
‘‘(2) 
MANDATORY
PAYMENT
OF
UNPAID 
AMOUNTS UNDER CERTAIN CIRCUMSTANCES; NO RE-
PAYMENT OF UNEARNED AMOUNTS.—(A) If a mem-
ber of the uniformed services dies (other than as a 
result the member’s misconduct) or is retired or sep-
arated for disability under chapter 61 of title 10, the 
Secretary concerned— 
‘‘(i) shall not require repayment by the 
member or the member’s estate of the unearned 
portion of any bonus, incentive pay, or similar 
benefit previously paid to the member; and 
‘‘(ii) shall require the payment to the 
member or the member’s estate of the remain-
der of any bonus, incentive pay, or similar ben-
efit that was not yet paid to the member, but 
to which the member was entitled immediately 
before the death, retirement, or separation of 
the member, and would be paid if not for the 
death, retirement, or separation of the member. 
‘‘(B) The amount to be paid under subpara-
graph (A)(ii) shall be equal to the full amount speci-
fied by the agreement or contract applicable to the 
bonus, incentive pay, or similar benefit as if the
291 
member continued to be entitled to the bonus, incen-
tive pay, or similar benefit following the death, re-
tirement, or separation. 
‘‘(C) Amounts to be paid to a member or the 
member’s estate under subparagraph (A)(ii) shall be 
paid in a lump sum not later than 90 days after the 
date of the death, retirement, or separation of the 
member, whichever applies.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of 
such section is amended to read as follows: 
‘‘§ 373. Repayment of unearned portion of bonus, in-
centive pay, or similar benefit, and termi-
nation of remaining payments, when con-
ditions of payment not met’’. 
(B) TABLE OF CONTENTS.—The table of 
sections at the beginning of chapter 5 of title 
37, United States Code, is amended by striking 
the item relating to section 373 and inserting 
the following new item: 
‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, 
and termination of remaining payments, when conditions of 
payment not met.’’.
292 
SEC. 663. PROVIDING INJURED MEMBERS OF THE ARMED 
FORCES INFORMATION CONCERNING BENE-
FITS. 
Section 1651 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
476; 10 U.S.C. 1071 note) is amended to read as follows: 
‘‘SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED 
FORCES ON COMPENSATION AND BENEFITS 
AVAILABLE FOR SERIOUS INJURIES AND ILL-
NESSES. 
‘‘(a) INFORMATION ON AVAILABLE COMPENSATION 
AND BENEFITS.—Not later than March 31, 2009, the Sec-
retary of Defense shall develop and maintain a comprehen-
sive description of the compensation and other benefits to 
which a member of the Armed Forces, and the family of 
such member, would be entitled upon the separation or 
retirement of the member from the Armed Forces as a 
result of a serious injury or illness. Such description shall 
be published— 
‘‘(1) in a handbook; and 
‘‘(2) on a publically available, searchable Inter-
net website or comparable successor facility. 
‘‘(b) CONTENTS.—The comprehensive description 
shall include the following: 
‘‘(1) The range of compensation and benefits 
based on grade, length of service, degree of disability
293 
at separation or retirement, and other factors affect-
ing compensation and benefits as the Secretary con-
siders appropriate. 
‘‘(2) Information concerning the Disability 
Evaluation System of each military department, in-
cluding— 
‘‘(A) an explanation of the process of the 
Disability Evaluation System; 
‘‘(B) a general timeline of the process of 
the Disability Evaluation System; 
‘‘(C) the role and responsibilities of the 
military department throughout the process of 
the Disability Evaluation System; and 
‘‘(D) the role and responsibilities of a 
member of the Armed Forces throughout the 
process of the Disability Evaluation System. 
‘‘(3) Benefits administered by the Department 
of Veterans Affairs that a member of the Armed 
Forces would be entitled upon the separation or re-
tirement from the Armed Forces as a result of a se-
rious injury or illness. 
‘‘(4) A list of State veterans service organiza-
tions and their contact information and Internet 
website addresses.
294 
‘‘(c) CONSULTATION.—The Secretary of Defense 
shall develop and maintain the comprehensive description 
required by subsection (a) in consultation with the Sec-
retary of Veterans Affairs, the Secretary of Health and 
Human Services, and the Commissioner of Social Secu-
rity. 
‘‘(d) UPDATE.—The Secretary of Defense shall up-
date— 
‘‘(1) the handbook on a periodic basis, but not 
less often than annually; and 
‘‘(2) the Internet website or comparable suc-
cessor facility immediately after any change has 
been made to the compensation or other benefits de-
scribed in subsection (a). 
‘‘(e) PROVISION TO MEMBERS.—The Secretary of the 
military department concerned shall provide the handbook 
to each member of the Armed Forces under the jurisdic-
tion of that Secretary as soon as practicable following an 
injury or illness for which the member may retire or sepa-
rate from the Armed Forces. 
‘‘(f) PROVISION TO REPRESENTATIVES.—If a mem-
ber is incapacitated or otherwise unable to receive the 
handbook, the handbook shall be provided to the next of 
kin or a legal representative of the member, as determined 
in accordance with regulations prescribed by the Secretary
295 
of the military department concerned for purposes of this 
section.’’. 
SEC. 664. POSTAL BENEFITS PROGRAM FOR MEMBERS OF 
THE ARMED FORCES SERVING IN IRAQ OR 
AFGHANISTAN. 
(a) AVAILABILITY OF POSTAL BENEFITS.—The Sec-
retary of Defense, in consultation with the United States 
Postal Service, shall provide for a program under which 
postal benefits are provided to qualified individuals in ac-
cordance with this section. 
(b) QUALIFIED INDIVIDUAL.—In this section, the 
term ‘‘qualified individual’’ means a member of the Armed 
Forces on active duty (as defined in section 101 of title 
10, United States Code) who— 
(1) is serving in Iraq or Afghanistan; or 
(2) is hospitalized at a facility under the juris-
diction of the Department of Defense as a result of 
a disease or injury incurred as a result of service in 
Iraq or Afghanistan. 
(c) POSTAL BENEFITS DESCRIBED.— 
(1) VOUCHERS.—The postal benefits provided 
under the program shall consist of such coupons or 
other similar evidence of credit, whether in printed, 
electronic, or other format (in this section referred 
to as a ‘‘voucher’’), as the Secretary of Defense, in
296 
consultation with the Postal Service, shall determine, 
which entitle the bearer or user to make qualified 
mailings free of postage. 
(2) QUALIFIED MAILING.—In this section, the 
term ‘‘qualified mailing’’ means the mailing of a sin-
gle mail piece which— 
(A) is first-class mail (including any 
sound- or video-recorded communication) not 
exceeding 13 ounces in weight and having the 
character of personal correspondence or parcel 
post not exceeding 10 pounds in weight; 
(B) is sent from within an area served by 
a United States post office; and 
(C) is addressed to a qualified individual. 
(3) 
COORDINATION
RULE.—Postal 
benefits 
under the program are in addition to, and not in lieu 
of, any reduced rates of postage or other similar 
benefits which might otherwise be available by or 
under law, including any rates of postage resulting 
from the application of section 3401(b) of title 39, 
United States Code. 
(d) NUMBER
OF VOUCHERS.—A member of the 
Armed Forces shall be eligible for one voucher for every 
second month in which the member is a qualified indi-
vidual.
297 
(e) LIMITATIONS ON USE; DURATION.—A voucher 
may not be used— 
(1) for more than a single qualified mailing; or 
(2) after the earlier of— 
(A) the expiration date of the voucher, as 
designated by the Secretary of Defense; or 
(B) the end of the one-year period begin-
ning on the date on which the regulations pre-
scribed under subsection (f) take effect. 
(f) REGULATIONS.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
(in consultation with the Postal Service) shall prescribe 
such regulations as may be necessary to carry out the pro-
gram, including— 
(1) procedures by which vouchers will be pro-
vided or made available in timely manner to quali-
fied individuals; and 
(2) procedures to ensure that the number of 
vouchers provided or made available with respect to 
any qualified individual complies with subsection (d). 
(g) TRANSFERS TO POSTAL SERVICE.— 
(1) BASED ON ESTIMATES.—The Secretary of 
Defense shall transfer to the Postal Service, out of 
amounts available to carry out the program and in 
advance of each calendar quarter during which post-
298 
al benefits may be used under the program, an 
amount equal to the amount of postal benefits that 
the Secretary estimates will be used during such 
quarter, reduced or increased (as the case may be) 
by any amounts by which the Secretary finds that 
a determination under this section for a prior quar-
ter was greater than or less than the amount finally 
determined for such quarter. 
(2) BASED
ON
FINAL
DETERMINATION.—A 
final determination of the amount necessary to cor-
rect any previous determination under this section, 
and any transfer of amounts between the Postal 
Service and the Department of Defense based on 
that final determination, shall be made not later 
than six months after the end of the one-year period 
referred to in subsection (e)(2)(B). 
(3) CONSULTATION REQUIRED.—All estimates 
and determinations under this subsection of the 
amount of postal benefits under the program used in 
any period shall be made by the Secretary of De-
fense in consultation with the Postal Service. 
(h) FUNDING.— 
(1) INCREASE.—The amount authorized to be 
appropriated by section 421 for military personnel is 
hereby increased by $10,000,000, and such amount
305 
SEC. 706. PROGRAM FOR HEALTH CARE DELIVERY AT MILI-
TARY INSTALLATIONS PROJECTED TO GROW. 
(a) PROGRAM.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall develop a plan to establish a program to build cooper-
ative health care arrangements and agreements between 
military installations projected to grow and local and re-
gional non-military health care systems. 
(b) REQUIREMENTS OF PLAN.—In developing the 
plan, the Secretary of Defense shall— 
(1) identify and analyze health care delivery op-
tions involving the private sector and health care 
services in military facilities located on military in-
stallations; 
(2) develop methods for determining the cost 
avoidance or savings resulting from innovative part-
nerships between the Department of Defense and 
the private sector; 
(3) develop requirements for Department of De-
fense health care providers to deliver health care in 
civilian community hospitals; and 
(4) collaborate with State and local authorities 
to create an arrangement to share and exchange, be-
tween the Department of Defense and nonmilitary 
health care systems, personal health information, 
and data of military personnel and their families.
368 
to the agreement, except in any case in which 
the Secretary of Defense determines, on the 
basis of criteria established in such policy guid-
ance, that the establishment of rights during or 
through agreement negotiations would not be 
practicable. 
‘‘(b) PROVISIONS
IN
NON-FAR AGREEMENTS.— 
Whenever practicable, a non-FAR agreement described in 
subsection (a) shall contain appropriate provisions relating 
to technical data, including provisions— 
‘‘(1) defining the respective rights of the United 
States and the party to the agreement regarding any 
technical data to be delivered under the agreement; 
‘‘(2) specifying the technical data to be deliv-
ered under the agreement and delivery schedules for 
such delivery; 
‘‘(3) establishing or referencing procedures for 
determining the acceptability of technical data to be 
delivered under the agreement; 
‘‘(4) to the maximum practicable extent, identi-
fying, in advance of delivery, technical data which is 
to be delivered with restrictions on the right of the 
United States to use such data; 
‘‘(5) requiring the party to the agreement to re-
vise any technical data delivered under the agree-