277 
by the member’s retired pay base under section 
1406(b)(1) or 1407 of this title, whichever is ap-
plicable to the member.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2008, and shall apply 
to payments for the month beginning on that date and sub-
sequent months through the month ending on September 30, 
2015. Effective on October 1, 2015, the amendments made 
by this section shall terminate and subsection (c) of section 
1413a of title 10, United States Code, shall be amended to 
appear as it did on September 30, 2008. 
Subtitle E—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits 
SEC. 651. ACCESS TO DEFENSE COMMISSARY AND EX-
CHANGE SYSTEM BY SURVIVING SPOUSE AND 
DEPENDENTS OF CERTAIN DISABLED VET-
ERANS. 
(a) REVISION OF REGULATIONS AND INSTRUCTIONS.— 
The Secretary of Defense shall revise the regulations and 
instructions described in subsection (b) as necessary to en-
sure access to the Defense Commissary and Exchange Sys-
tem by the surviving spouse and dependents of a veteran 
who had a service-connected disability rated at 100 percent 
(total), based on an application submitted by the veteran, 
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although the disability rating was awarded posthumously. 
Such access shall be provided in the same manner and to 
the same extent as other surviving spouses and dependents 
covered by such regulations and instructions. 
(b) COVERED REGULATIONS AND INSTRUCTIONS.—The 
regulations and instructions referred to in subsection (a) 
are the following: 
(1) Armed Services Commissary Regulations 
(DoD Regulations 1330.17-R, April 1987). 
(2) Armed Services Exchange Regulations (DoD 
Instruction 1330.21, July, 14, 2005). 
(3) The instruction pertaining to identification 
cards (ID) cards for members of the uniformed serv-
ices, their dependents, and other eligible individuals 
(DoD Instruction 1000.13, December 5, 1997). 
SEC. 652. AUTHORITY TO CONTINUE COMMISSARY AND EX-
CHANGE BENEFITS FOR CERTAIN INVOLUN-
TARILY 
SEPARATED 
MEMBERS 
OF 
THE 
ARMED FORCES. 
(a) RESUMPTION FOR MEMBERS INVOLUNTARILY SEP-
ARATED FROM ACTIVE DUTY.—Section 1146 of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘(a) MEMBERS INVOLUNTARILY 
SEPARATED FROM ACTIVE DUTY.—’’ before ‘‘The Sec-
retary of Defense’’; 
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(2) in the first sentence, by striking ‘‘October 1, 
1990, and ending on December 31, 2001’’ and insert-
ing ‘‘October 1, 2007, and ending on December 31, 
2012’’; and 
(3) in the second sentence, by striking ‘‘the pe-
riod beginning on October 1, 1994, and ending on De-
cember 31, 2001’’ and inserting ‘‘the same period’’. 
(b) EXTENSION TO MEMBERS INVOLUNTARILY SEPA-
RATED FROM SELECTED RESERVE.—Such section is fur-
ther amended by adding at the end the following new sub-
section: 
‘‘(b) MEMBERS INVOLUNTARILY SEPARATED FROM SE-
LECTED RESERVE.—The Secretary of Defense shall pre-
scribe regulations to allow a member of the Selected Reserve 
of the Ready Reserve who is involuntarily separated from 
the Selected Reserve as a result of the exercise of the force 
shaping authority of the Secretary concerned under section 
647 of this title or other force shaping authority during the 
period beginning on October 1, 2007, and ending on Decem-
ber 31, 2012, to continue to use commissary and exchange 
stores during the two-year period beginning on the date of 
the involuntary separation of the member in the same man-
ner as a member on active duty. The Secretary of Homeland 
Security shall implement this provision for Coast Guard 
members involuntarily separated during the same period.’’. 
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SEC. 653. AUTHORIZATION OF INSTALLMENT DEDUCTIONS 
FROM PAY OF EMPLOYEES OF EXECUTIVE 
BRANCH INSTRUMENTALITIES TO COLLECT 
INDEBTEDNESS TO THE UNITED STATES. 
(a) COVERAGE OF EXECUTIVE BRANCH INSTRUMEN-
TALITIES.—Section 5514(a)(5)(B) of title 5, United States 
Code, is amended by striking ‘‘judicial’’ and inserting ‘‘ex-
ecutive, judicial,’’ 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and apply with respect to debt incurred before, 
on, or after that date. 
Subtitle F—Consolidation of Spe-
cial Pay, Incentive Pay, and 
Bonus Authorities 
SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE 
PAY, AND BONUS AUTHORITIES OF THE UNI-
FORMED SERVICES. 
(a) CONSOLIDATION.—Chapter 5 of title 37, United 
States Code, is amended— 
(1) by inserting before section 301 the following 
subchapter heading: 
‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, 
INCENTIVE PAY, AND BONUS AUTHORITIES’’; AND 
(2) by adding at the end the following new sub-
chapters: 
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‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES 
‘‘§ 331. General bonus authority for enlisted members 
‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Secretary 
concerned may pay a bonus under this section to a person, 
including a member of the armed forces, who— 
‘‘(1) enlists in an armed force; 
‘‘(2) enlists in or affiliates with a reserve compo-
nent of an armed force; 
‘‘(3) reenlists, voluntarily extends an enlistment, 
or otherwise agrees to serve— 
‘‘(A) for a specified period in a designated 
career field, skill, or unit of an armed force; or 
‘‘(B) under other conditions of service in an 
armed force; 
‘‘(4) transfers from a regular component of an 
armed force to a reserve component of that same 
armed force or from a reserve component of an armed 
force to the regular component of that same armed 
force; or 
‘‘(5) transfers from a regular component or re-
serve component of an armed force to a regular com-
ponent or reserve component of another armed force, 
subject to the approval of the Secretary with jurisdic-
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282 
tion over the armed force to which the member is 
transferring. 
‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 
subsection (a) may be paid to a person or member only 
if the person or member agrees under subsection (d)— 
‘‘(1) to serve for a specified period in a des-
ignated career field, skill, unit, or grade; or 
‘‘(2) to meet some other condition of service im-
posed by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary con-
cerned shall determine the amount of a bonus to be 
paid under this section, except that— 
‘‘(A) a bonus paid under paragraph (1) or 
(2) of subsection (a) may not exceed $50,000 for 
a minimum two-year period of obligated service 
agreed to under subsection (d); and 
‘‘(B) a bonus paid under paragraph (3), 
(4), or (5) of subsection (a) may not exceed 
$40,000 for a minimum one-year period of obli-
gated service agreed to under subsection (d). 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 
under this section may be paid in a lump sum or in 
periodic installments, as determined by the Secretary 
concerned. 
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‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 
by the Secretary concerned of the written agreement 
required by subsection (d), the total amount of the 
bonus to be paid under the agreement shall be fixed. 
‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 
under this section, a person or member determined to be 
eligible for the bonus shall enter into a written agreement 
with the Secretary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—A bonus paid to a person or member under this 
section is in addition to any other pay and allowance to 
which a member is entitled. 
‘‘(f) RELATIONSHIP TO PROHIBITION ON BOUNTIES.— 
A bonus authorized under this section is not a bounty for 
purposes of section 514(a) of title 10. 
‘‘(g) REPAYMENT.—A person or member who receives 
a bonus under this section and who fails to complete the 
period of service, or meet the conditions of service, for which 
the bonus is paid, as specified in the written agreement 
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284 
under subsection (d), shall be subject to the repayment pro-
visions of section 373 of this title. 
‘‘(h) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to the 
armed forces under the jurisdiction of the Secretary 
of Defense; and 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy. 
‘‘§ 332. General bonus authority for officers 
‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Secretary 
concerned may pay a bonus under this section to a person, 
including an officer in the uniformed services, who— 
‘‘(1) accepts a commission or appointment as an 
officer in a uniformed service; 
‘‘(2) affiliates with a reserve component of a uni-
formed service; 
‘‘(3) agrees to remain on active duty or to serve 
in an active status for a specific period as an officer 
in a uniformed service; 
‘‘(4) transfers from a regular component of a 
uniformed service to a reserve component of that same 
uniformed service or from a reserve component of a 
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uniformed service to the regular component of that 
same uniformed service; or 
‘‘(5) transfers from a regular component or re-
serve component of a uniformed service to a regular 
component or reserve component of another uniformed 
service, subject to the approval of the Secretary with 
jurisdiction over the uniformed service to which the 
member is transferring. 
‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 
subsection (a) may be paid to a person or officer only if 
the person or officer agrees under subsection (d)— 
‘‘(1) to serve for a specified period in a des-
ignated career field, skill, unit, or grade; or 
‘‘(2) to meet some other condition of service im-
posed by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary con-
cerned shall determine the amount of a bonus to be 
paid under this section, except that— 
‘‘(A) a bonus paid under paragraph (1) or 
(2) of subsection (a) may not exceed $60,000 for 
a minimum three-year period of obligated service 
agreed to under subsection (d); and 
‘‘(B) a bonus paid under paragraph (3), 
(4), or (5) of subsection (a) may not exceed 
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$50,000 for each year of obligated service agreed 
to under subsection (d). 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 
under this section may be paid in a lump sum or in 
periodic installments, as determined by the Secretary 
concerned. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 
by the Secretary concerned of the written agreement 
required by subsection (d), the total amount of the 
bonus to be paid under the agreement shall be fixed. 
‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 
under this section, a person or officer determined to be eligi-
ble for the bonus shall enter into a written agreement with 
the Secretary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—The bonus paid to a person or officer under this 
section is in addition to any other pay and allowance to 
which an officer is entitled. 
‘‘(f) REPAYMENT.—A person or officer who receives a 
bonus under this section who fails to complete the period 
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287 
of service, or meet the conditions of service, for which the 
bonus is paid, as specified in the written agreement under 
subsection (d), shall be subject to the repayment provisions 
of section 373 of this title. 
‘‘(g) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to the 
armed forces under the jurisdiction of the Secretary 
of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
‘‘§ 333. Special bonus and incentive pay authorities 
for nuclear officers 
‘‘(a) NUCLEAR OFFICER BONUS.—The Secretary of the 
Navy may pay a nuclear officer bonus under this section 
to a person, including an officer in the Navy, who— 
‘‘(1) is selected for the officer naval nuclear 
power training program in connection with the su-
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pervision, operation, and maintenance of naval nu-
clear propulsion plants and agrees to serve, upon 
completion of such training, on active duty in connec-
tion with the supervision, operation, and mainte-
nance of naval nuclear propulsion plants; or 
‘‘(2) has the current technical and operational 
qualification for duty in connection with the super-
vision, operation, and maintenance of naval nuclear 
propulsion plants and agrees to remain on active 
duty in connection with the supervision, operation, 
and maintenance of naval nuclear propulsion plants. 
‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.—The Sec-
retary of the Navy may pay nuclear officer incentive pay 
under this section to an officer in the Navy who— 
‘‘(1) is entitled to basic pay under section 204 
of this title; and 
‘‘(2) remains on active duty for a specified pe-
riod while maintaining current technical and oper-
ational qualifications, as approved by the Secretary, 
for duty in connection with the supervision, oper-
ation, and maintenance of naval nuclear propulsion 
plants. 
‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec-
retary of the Navy may impose such additional criteria for 
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the receipt of a nuclear officer bonus or nuclear officer in-
centive pay as the Secretary determines to be appropriate. 
‘‘(d) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM AMOUNT.—The Secretary of the 
Navy shall determine the amounts of a nuclear officer 
bonus or incentive pay to be paid under this section, 
except that such payments may not exceed $60,000 for 
each 12-month period of the agreement or 12-month 
period of qualifying service. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A nuclear 
officer bonus or incentive pay under this section may 
be paid in a lump sum or in periodic installments. 
‘‘(e) WRITTEN AGREEMENT FOR BONUS.— 
‘‘(1) AGREEMENT REQUIRED.—To receive a nu-
clear officer bonus under this section, a person or offi-
cer determined to be eligible for the bonus shall enter 
into a written agreement with the Secretary of the 
Navy that specifies— 
‘‘(A) the amount of the bonus; 
‘‘(B) the method of payment of the bonus 
under subsection (d)(2); 
‘‘(C) the period of obligated service; and 
‘‘(D) the type or conditions of the service. 
‘‘(2) REPLACEMENT
AGREEMENT.—An officer 
who is performing obligated service under an agree-
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290 
ment for a nuclear officer bonus may execute a new 
agreement to replace the existing agreement, if the 
amount to be paid under the new agreement will be 
higher than the amount to be paid under the existing 
agreement. The period of the new agreement shall be 
equal to or exceed the remaining term of the period 
of the officer’s existing agreement. If a new agreement 
is executed under this paragraph, the existing agree-
ment shall be cancelled, effective on the day before an 
anniversary date of the existing agreement occurring 
after the date on which the amount to be paid under 
this paragraph is increased. 
‘‘(f) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—A nuclear officer bonus or incentive pay paid to 
a person or officer under this section is in addition to any 
other pay and allowance to which an officer is entitled, ex-
cept that an officer may not receive a payment under this 
section and section 332 or 353 of this title for the same 
skill and period of service. 
‘‘(g) REPAYMENT.—The person or officer who receives 
a nuclear officer bonus or incentive pay under this section 
who fails to complete the officer naval nuclear power train-
ing program, maintain required technical and operational 
qualifications, complete the period of service, or meet the 
types or conditions of service, for which the bonus or incen-
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tive pay is paid, as specified in the written agreement 
under subsection (e) in the case of a bonus, shall be subject 
to the repayment provisions of section 373 of this title. 
‘‘(h) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by the Secretary of the 
Navy. 
‘‘§ 334. Special aviation incentive pay and bonus au-
thorities for officers 
‘‘(a) AVIATION INCENTIVE PAY.—The Secretary con-
cerned may pay aviation incentive pay under this section 
to a regular or reserve component officer of a uniformed 
service who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of this 
title; 
‘‘(2) maintains, or is in training leading to, an 
aeronautical rating or designation that qualifies the 
officer to engage in operational flying duty or pro-
ficiency flying duty; 
‘‘(3) engages in, or is in training leading to, fre-
quent and regular performance of operational flying 
duty or proficiency flying duty; 
‘‘(4) engages in or remains in aviation service 
for a specified period; and 
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‘‘(5) meets such other criteria as the Secretary 
concerned determines appropriate. 
‘‘(b) AVIATION BONUS.—The Secretary concerned may 
pay an aviation bonus under this section to a regular or 
reserve component officer of a uniformed service who— 
‘‘(1) is entitled to aviation incentive pay under 
subsection (a); 
‘‘(2) has completed any active duty service com-
mitment incurred for undergraduate aviator training 
or is within one year of completing such commitment; 
‘‘(3) executes a written agreement to remain on 
active duty in a regular component or to serve in an 
active status in a reserve component in aviation serv-
ice for at least one year; and 
‘‘(4) meets such other criteria as the Secretary 
concerned determines appropriate. 
‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary con-
cerned shall determine the amounts of a bonus or in-
centive pay to be paid under this section, except 
that— 
‘‘(A) aviation incentive pay shall be paid at 
a monthly rate, not to exceed $850 per month; 
and 
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‘‘(B) an aviation bonus may not exceed 
$25,000 for each 12-month period of obligated 
service agreed to under subsection (d). 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 
under this section may be paid in a lump sum or in 
periodic installments, as determined by the Secretary 
concerned. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 
by the Secretary concerned of the written agreement 
required by subsection (d), the total amount of the 
bonus to be paid under the agreement shall be fixed. 
‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive 
an aviation officer bonus under this section, an officer de-
termined to be eligible for the bonus shall enter into a writ-
ten agreement with the Secretary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RESERVE COMPONENT OFFICERS PERFORMING 
INACTIVE DUTY TRAINING.—A reserve component officer 
who is entitled to compensation under section 206 of this 
title and who is authorized aviation incentive pay under 
this section may be paid an amount of incentive pay that 
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is proportionate to the compensation received under section 
206 for inactive-duty training. 
‘‘(f) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.— 
‘‘(1) AVIATION INCENTIVE PAY.—Aviation incen-
tive pay paid to an officer under subsection (a) shall 
be in addition to any other pay and allowance to 
which an officer is entitled, except that an officer may 
not receive a payment under such subsection and sec-
tion 351(a)(4) or 353 of this title for the same skill 
and period of service. 
‘‘(2) AVIATION BONUS.—An aviation bonus paid 
to an officer under subsection (b) shall be in addition 
to any other pay and allowance to which the officer 
is entitled, except that an officer may not receive a 
payment under such subsection and section 332 or 
353 of this title for the same skill and period of serv-
ice. 
‘‘(g) REPAYMENT.—An officer who receives aviation 
incentive pay or an aviation bonus under this section and 
who fails to fulfill the eligibility requirements for the receipt 
of the incentive pay or bonus or complete the period of serv-
ice for which the incentive pay or bonus is paid, as specified 
in the written agreement under subsection (d) in the case 
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of a bonus, shall be subject to the repayment provisions of 
section 373 of this title. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘aviation service’ means service 
performed by a regular or reserve component officer 
(except a flight surgeon or other medical officer) while 
holding an aeronautical rating or designation or 
while in training to receive an aeronautical rating or 
designation. 
‘‘(2) The term ‘operational flying duty’ means 
flying performed under competent orders by rated or 
designated regular or reserve component officers while 
serving in assignments in which basic flying skills 
normally are maintained in the performance of as-
signed duties as determined by the Secretary con-
cerned, and flying performed by members in training 
that leads to the award of an aeronautical rating or 
designation. 
‘‘(3) The term ‘proficiency flying duty’ means 
flying performed under competent orders by rated or 
designated regular or reserve component officers while 
serving in assignments in which such skills would 
normally not be maintained in the performance of as-
signed duties. 
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‘‘(4) The term ‘officer’ includes an individual en-
listed and designated as an aviation cadet under sec-
tion 6911 of title 10, United States Code. 
‘‘(i) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to the 
armed forces under the jurisdiction of the Secretary 
of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; and 
‘‘(3) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
‘‘§ 335. Special bonus and incentive pay authorities 
for officers in health professions 
‘‘(a) HEALTH PROFESSIONS BONUS.—The Secretary 
concerned may pay a health professions bonus under this 
section to a person, including an officer in the uniformed 
services, who is a graduate of an accredited school in a 
health profession and who— 
‘‘(1) accepts a commission or appointment as a 
regular or reserve component officer in a uniformed 
service, or affiliates with a reserve component of a 
uniformed service, and agrees to serve on active duty 
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in a regular component or in an active status in a 
reserve component in a health profession; or 
‘‘(2) agrees to remain on active duty or continue 
serving in an active status in a reserve component in 
a health profession. 
‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.—The 
Secretary concerned may pay incentive pay under this sec-
tion to an officer in a regular or reserve component of a 
uniformed service who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of this 
title; and 
‘‘(2) is serving on active duty or in an active 
status in a designated health profession specialty or 
skill. 
‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.—The 
Secretary concerned may pay board certification incentive 
pay under this section to an officer in a regular or reserve 
component of a uniformed service who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of this 
title; and 
‘‘(2) is board certified in a designated health 
profession specialty or skill; and 
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‘‘(3) is serving on active duty or in an active 
status in such designated health profession specialty 
or skill. 
‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec-
retary concerned may impose such additional criteria for 
the receipt of a bonus or incentive pay under this section 
as the Secretary determines to be appropriate. 
‘‘(e) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary con-
cerned shall determine the amounts of a bonus or in-
centive pay to be paid under this section, except 
that— 
‘‘(A) a health professions bonus may not ex-
ceed $100,000 for each 12-month period of obli-
gated service agreed to under subsection (f); 
‘‘(B) health professions incentive pay may 
not exceed $100,000 in any 12-month period, 
and it may be paid monthly; and 
‘‘(C) board certification incentive pay may 
not exceed $25,000 per 12-month period an offi-
cer remains certified in the designated health 
profession specialty or skill. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 
under subsection (a) may be paid in a lump sum or 
in periodic installments, as determined by the Sec-
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retary concerned. Board certification incentive pay 
may be paid monthly, in a lump sum at the begin-
ning of the certification period, or in periodic install-
ments during the certification period, as determined 
by the Secretary concerned. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance 
by the Secretary concerned of the written agreement 
required by subsection (f), the total amount of the 
bonus to be paid under the agreement shall be fixed. 
‘‘(f) WRITTEN AGREEMENT FOR BONUS.—To receive a 
bonus under this section, an officer determined to be eligible 
for the bonus shall enter into a written agreement with the 
Secretary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (e)(2); 
‘‘(3) the period of obligated service; 
‘‘(4) whether the service will be performed on ac-
tive duty or in an active status in a reserve compo-
nent; and 
‘‘(5) the type or conditions of the service. 
‘‘(g) RESERVE COMPONENT OFFICERS.—An officer in 
a reserve component authorized incentive pay under sub-
section (b) or (c) who is not serving on continuous active 
duty and is entitled to compensation under sections 204 
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of this title or compensation under section 206 of this title 
may be paid a monthly amount of incentive pay that is 
proportionate to the basic pay or compensation received 
under this title. 
‘‘(h) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.— 
‘‘(1) HEALTH
PROFESSIONS
BONUS.—A bonus 
paid to a person or officer under subsection (a) shall 
be in addition to any other pay and allowance to 
which an officer is entitled, except that an officer may 
not receive a payment under such subsection and sec-
tion 332 of this title for the same period of obligated 
service. 
‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.— 
Incentive pay paid to an officer under subsection (b) 
shall be in addition to any other pay and allowance 
to which an officer is entitled, except that an officer 
may not receive a payment under such subsection and 
section 353 of this title for the same skill and period 
of service. 
‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.— 
Incentive pay paid to an officer under subsection (c) 
shall be in addition to any other pay and allowance 
to which an officer is entitled, except that an officer 
may not receive a payment under such subsection and 
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section 353(b) of this title for the same skill and pe-
riod of service covered by the certification. 
‘‘(i) REPAYMENT.—An officer who receives a bonus or 
incentive pay under this section and who fails to fulfill the 
eligibility requirements for the receipt of the bonus or incen-
tive pay or complete the period of service for which the 
bonus or incentive pay is paid, as specified in the written 
agreement under subsection (f) in the case of a bonus, shall 
be subject to the repayment provisions of section 373 of this 
title. 
‘‘(j) HEALTH PROFESSION DEFINED.—In this section, 
the term ‘health profession’ means: 
‘‘(1) Any health profession performed by officers in the 
Medical Corps of a uniformed service or by officers des-
ignated as a medical officer. 
‘‘(2) Any health profession performed by officers in the 
Dental Corps of a uniformed service or by officers des-
ignated as a dental officer. 
‘‘(3) Any health profession performed by officers in the 
Medical Service Corps of a uniformed service or by officers 
designated as a medical service officer or biomedical 
sciences officer. 
‘‘(4) Any health profession performed by officers in the 
Medical Specialist Corps of a uniformed service or by offi-
cers designated as a medical specialist. 
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‘‘(5) Any health profession performed by officers of the 
Nurse Corps of a uniformed service or by officers designated 
as a nurse. 
‘‘(6) Any health profession performed by officers in the 
Veterinary Corps of a uniformed service or by officers des-
ignated as a veterinary officer. 
‘‘(7) Any health profession performed by officers des-
ignated as a physician assistant. 
‘‘(8) Any health profession performed by officers in the 
regular or reserve corps of the Public Health Service. 
‘‘(k) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to the armed 
forces under the jurisdiction of the Secretary of Defense; 
‘‘(2) the Secretary of Homeland Security, with respect 
to the Coast Guard when it is not operating as a service 
in the Navy; and 
‘‘(3) the Secretary of Health and Human Services, 
with respect to the commissioned corps of the Public Health 
Service. 
‘‘§ 351. Hazardous duty pay 
‘‘(a) HAZARDOUS DUTY PAY.—The Secretary con-
cerned may pay hazardous duty pay under this section to 
a member of a regular or reserve component of the uni-
formed services entitled to basic pay under section 204 of 
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303 
this title or compensation under section 206 of this title 
who— 
‘‘(1) performs duty in a hostile fire area des-
ignated by the Secretary concerned; 
‘‘(2) is exposed to a hostile fire event, explosion 
of a hostile explosive device, or any other hostile ac-
tion; 
‘‘(3) is on duty during a month in an area in 
which an event described in paragraph (2) occurred 
which placed the member in grave danger of physical 
injury; 
‘‘(4) performs duty the Secretary concerned has 
designated as hazardous duty based upon the inherent 
dangers of that duty and risks of physical injury; or 
‘‘(5) performs duty in a foreign area designated 
by the Secretary concerned as an area in which the 
member is subject to imminent danger of physical in-
jury due to threat conditions. 
‘‘(b) MAXIMUM AMOUNT.—The amount of hazardous 
duty pay paid to a member under subsection (a) shall be 
based on the type of duty and the area in which the duty 
is performed, as follows: 
‘‘(1) In the case of a member who performs duty 
in a designated hostile fire area, as described in para-
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graph (1) of such subsection, hazardous duty pay 
may not exceed $450 per month. 
‘‘(2) In the case of a member who is exposed to 
a hostile fire event or is on duty in an area in which 
such an event occurred which placed the member in 
grave danger of physical injury, as described in para-
graph (2) or (3) of such subsection, hazardous duty 
pay may not exceed $450 per month. 
‘‘(3) In the case of a member who performs a 
designated hazardous duty, as described in paragraph 
(4) of such subsection, hazardous duty pay may not 
exceed $250 per month. 
‘‘(4) In the case of a member who performs duty 
in a foreign area designated as an imminent danger 
area, as described in paragraph (5) of such sub-
section, hazardous duty pay may not exceed $250 per 
month. 
‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay 
shall be paid on a monthly basis. A member who is eligible 
for hazardous duty pay by reason of paragraph (1), (2), 
or (3) of subsection (a) shall receive the full monthly rate 
of hazardous duty pay authorized by the Secretary con-
cerned under such paragraph, notwithstanding subsection 
(d). 
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305 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.—A member of a reserve compo-
nent entitled to compensation under section 206 of this title 
who is authorized hazardous duty pay under this section 
may be paid an amount of hazardous duty pay that is pro-
portionate to the compensation received by the member 
under section 206 of this title for inactive-duty training. 
‘‘(e) 
ADMINISTRATION
AND
RETROACTIVE
PAY-
MENTS.—The effective date for a hostile fire area designa-
tion, as described in paragraph (1) of subsection (a), and 
for the designation of a foreign area as an imminent danger 
area, as described in paragraph (5) of such subsection, may 
be a date that occurs before, on, or after the actual date 
of the designation by the Secretary concerned. 
‘‘(f) DETERMINATION OF FACT.—Any determination of 
fact that is made in administering paragraph (2) or (3) 
of subsection (a) is conclusive. The determination may not 
be reviewed by any other officer or agency of the United 
States unless there has been fraud or gross negligence. How-
ever, the Secretary concerned may change the determination 
on the basis of new evidence or for other good cause. 
‘‘(g) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—A member may be paid hazardous duty pay under 
this section in addition to any other pay and allowances 
to which the member is entitled. The regulations prescribed 
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306 
under subsection (j) shall address dual compensation under 
this section for multiple circumstances involving perform-
ance of a designated hazardous duty, as described in para-
graph (4) of subsection (a), or for duty in certain des-
ignated areas, as described in paragraph (1) or 5 of such 
subsection, that is performed by a member during a single 
month of service. 
‘‘(h) PROHIBITION ON VARIABLE RATES.—The regula-
tions prescribed under subsection (j) may not include varied 
criteria or rates for payment of hazardous duty for officers 
and enlisted members. 
‘‘(i) REPAYMENT.—A member who receives the haz-
ardous duty pay authorized under this section and who 
fails to meet the eligibility requirements under subsection 
(a) shall be subject to the repayment provisions of section 
373 of this title. 
‘‘(j) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to the 
armed forces under the jurisdiction of the Secretary 
of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
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307 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
‘‘§ 352. Assignment pay or special duty pay 
‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHOR-
IZED.—The Secretary concerned may pay assignment or 
special duty pay under this section to a member of a reg-
ular or reserve component of the uniformed services who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of this 
title; and 
‘‘(2) performs duties in an assignment, location, 
or unit designated by, and under the conditions of 
service specified by, the Secretary concerned. 
‘‘(b) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) LUMP SUM OR INSTALLMENTS.—Assignment 
or special duty pay under subsection (a) may be paid 
monthly, in a lump sum, or in periodic installments 
other than monthly, as determined by the Secretary 
concerned. 
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308 
‘‘(2) MAXIMUM
MONTHLY
AMOUNT.—The max-
imum monthly amount of assignment or special duty 
pay may not exceed $5,000. 
‘‘(3) 
MAXIMUM
LUMP
SUM
AMOUNT.—The 
amount of a lump sum payment of assignment or 
special duty pay payable to a member may not exceed 
the amount equal to the product of— 
‘‘(A) the maximum monthly rate authorized 
under paragraph (2) at the time the member en-
ters into a written agreement under subsection 
(c); and 
‘‘(B) the number of continuous months in 
the period for which assignment or special duty 
pay will be paid pursuant to the agreement. 
‘‘(4) MAXIMUM
INSTALLMENT
AMOUNT.—The 
amount of each installment payment of assignment or 
special duty pay payable to a member on an install-
ment basis may not exceed the amount equal to— 
‘‘(A) the product of— 
‘‘(i) a monthly rate specified in the 
written agreement entered into under sub-
section (c), which monthly rate may not ex-
ceed the maximum monthly rate authorized 
under paragraph (2) at the time the mem-
ber enters into the agreement; and 
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309 
‘‘(ii) the number of continuous months 
in the period for which the assignment or 
special duty pay will be paid; divided by 
‘‘(B) the number of installments over such 
period. 
‘‘(5) EFFECT OF EXTENSION.—If a member ex-
tends an assignment or performance of duty specified 
in an agreement with the Secretary concerned under 
subsection (c), assignment or special duty pay for the 
period of the extension may be paid on a monthly 
basis, in a lump sum, or in installments, consistent 
with this subsection. 
‘‘(c) WRITTEN AGREEMENT.— 
‘‘(1) 
DISCRETIONARY
FOR
MONTHLY
PAY-
MENTS.—The Secretary concerned may require a 
member to enter into a written agreement with the 
Secretary in order to qualify for the payment of as-
signment or special duty pay on a monthly basis. The 
written agreement shall specify the period for which 
the assignment or special duty pay will be paid to the 
member and the monthly rate of the assignment or 
special duty pay. 
‘‘(2) REQUIRED
FOR
LUMP
SUM
OR
INSTALL-
MENT PAYMENTS.—The Secretary concerned shall re-
quire a member to enter into a written agreement 
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310 
with the Secretary in order to qualify for payment of 
assignment or special duty pay on a lump sum or in-
stallment basis. The written agreement shall specify 
the period for which the assignment or special duty 
pay will be paid to the member and the amount of 
the lump sum or each periodic installment. 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.—A member of a reserve compo-
nent entitled to compensation under section 206 of this title 
who is authorized assignment or special duty pay under 
this section may be paid an amount of assignment or spe-
cial duty pay that is proportionate to the compensation re-
ceived by the member under section 206 of this title for inac-
tive-duty training. 
‘‘(e) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—Assignment or special duty pay paid to a member 
under this section is in addition to any other pay and al-
lowances to which a member is entitled. 
‘‘(f) REPAYMENT.—A member who receives assignment 
or special duty pay under this section and who fails to ful-
fill the eligibility requirements under subsection (a) shall 
be subject to the repayment provisions of section 373 of this 
title. 
‘‘(g) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
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311 
‘‘(1) the Secretary of Defense, with respect to the 
armed forces under the jurisdiction of the Secretary 
of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
‘‘§ 353. Skill incentive pay or proficiency bonus 
‘‘(a) SKILL INCENTIVE PAY.—The Secretary concerned 
may pay a monthly skill incentive pay to a member of a 
regular or reserve component of the uniformed services 
who— 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of this 
title; and 
‘‘(2) serves in a career field or skill designated 
as critical by the Secretary concerned. 
‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary con-
cerned may pay a proficiency bonus to a member of a reg-
ular or reserve component of the uniformed services who— 
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312 
‘‘(1) is entitled to basic pay under section 204 
of this title or compensation under section 206 of this 
title; and 
‘‘(2) is determined to have, and maintains, cer-
tified proficiency under subsection (d) in a skill des-
ignated as critical by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNTS
AND METHODS
OF PAY-
MENT.— 
‘‘(1) SKILL INCENTIVE PAY.—Skill incentive pay 
shall be in paid monthly in an amount not exceed 
$1,000 per month. 
‘‘(2) PROFICIENCY BONUS.—A proficiency bonus 
may be paid in a lump sum at the beginning of the 
proficiency certification period or in periodic install-
ments during the proficiency certification period. The 
amount of the bonus may not exceed $12,000 per 12- 
month period of certification. The Secretary con-
cerned may not vary the criteria or rates for the pro-
ficiency bonus paid for officers and enlisted members. 
‘‘(d) CERTIFIED
PROFICIENCY
FOR
PROFICIENCY 
BONUS.— 
‘‘(1) CERTIFICATION REQUIRED.—Proficiency in 
a designated critical skill shall be subject to annual 
certification by the Secretary concerned. 
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313 
‘‘(2) DURATION OF CERTIFICATION.—A certifi-
cation period shall expire at the end of the one-year 
period beginning on the first day of the first month 
beginning on or after the certification date. 
‘‘(3) WAIVER.—Notwithstanding paragraphs (1) 
and (2), the regulations prescribed under subsection 
(i) shall address the circumstances under which the 
Secretary concerned may waive the certification re-
quirement under paragraph (1) or extend a certifi-
cation period under paragraph (2). 
‘‘(e) WRITTEN AGREEMENT.— 
‘‘(1) DISCRETIONARY
FOR
SKILL
INCENTIVE 
PAY.—The Secretary concerned may require a mem-
ber to enter into a written agreement with the Sec-
retary in order to qualify for the payment of skill in-
centive pay. The written agreement shall specify the 
period for which the skill incentive pay will be paid 
to the member and the monthly rate of the pay. 
‘‘(2) REQUIRED FOR PROFICIENCY BONUS.—The 
Secretary concerned shall require a member to enter 
into a written agreement with the Secretary in order 
to qualify for payment of a proficiency bonus. The 
written agreement shall specify the amount of the pro-
ficiency bonus, the period for which the bonus will be 
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314 
paid, and the initial certification or recertification 
necessary for payment of the proficiency bonus. 
‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING 
INACTIVE DUTY TRAINING.— 
‘‘(1) PRORATION.—A member of a reserve compo-
nent entitled to compensation under section 206 of 
this title who is authorized skill incentive pay under 
subsection (a) may be paid an amount of skill incen-
tive pay that is proportionate to the compensation re-
ceived by the member under section 206 of this title 
for inactive-duty training. 
‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PRO-
FICIENCY.—No reduction in the amount of skill incen-
tive pay may be made under paragraph (1) in the 
case of a member of a reserve component who is au-
thorized skill incentive pay because of the member’s 
proficiency in a foreign language. 
‘‘(g) REPAYMENT.—A member who receives skill incen-
tive pay or a proficiency bonus under this section and who 
fails to fulfill the eligibility requirement for receipt of the 
pay or bonus shall be subject to the repayment provisions 
of section 373 of this title. 
‘‘(h) RELATIONSHIP TO OTHER PAYS AND ALLOW-
ANCES.—A member may not be paid more than one pay 
under this section in any month for the same period of serv-
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315 
ice and skill. A member may be paid skill incentive pay 
or the proficiency bonus under this section in addition to 
any other pay and allowances to which the member is enti-
tled, except that the member may not be paid skill incentive 
pay or a proficiency bonus under this section and haz-
ardous duty pay under section 351(a)(4) of this title for 
the same period of service in the same career field or skill. 
‘‘(i) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to the 
armed forces under the jurisdiction of the Secretary 
of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘§ 371. Relationship to other incentives and pays 
‘‘(a) TREATMENT.—A bonus or incentive pay paid to 
a member of the uniformed services under subchapter II is 
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316 
in addition to any other pay and allowance to which a 
member is entitled, unless otherwise provided under this 
chapter. 
‘‘(b) EXCEPTION.—A member may not receive a bonus 
or incentive pay under both subchapter I and subchapter 
II for the same activity, skill, or period of service. 
‘‘(c) RELATIONSHIP TO OTHER COMPUTATIONS.—The 
amount of a bonus or incentive pay to which a member 
is entitled under subchapter II may not be included in com-
puting the amount of— 
‘‘(1) any increase in pay authorized by any 
other provision of this title; or 
‘‘(2) any retired pay, retainer pay, separation 
pay, or disability severance pay. 
‘‘§ 372. Continuation of pays during hospitalization 
for wounds, injury, or illness incurred 
while on duty in a hostile fire area or ex-
posed to an event of hostile fire or other 
hostile action 
‘‘(a) CONTINUATION OF PAYS.—Notwithstanding any 
other provision of law, the Secretary concerned may con-
tinue to pay all pay and allowances to a member of a reg-
ular or reserve component of a uniformed service, including 
any bonus, incentive pay, or similar benefit, if the mem-
ber— 
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‘‘(1) incurs a wound, injury, or illness in the 
line of duty while serving in a combat operation or 
a combat zone, while serving in a hostile fire area, or 
while exposed to a hostile fire event, as described 
under section 351 of this title; and 
‘‘(2) is hospitalized for treatment of such wound, 
injury, or illness. 
‘‘(b) DURATION.—The continuation of pay and allow-
ances of a member under subsection (a) shall expire at the 
end of the first month during which the member is no longer 
hospitalized for treatment. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘hospitalized for treatment’, with 
respect to a member, means the member— 
‘‘(A) is admitted as an inpatient in a mili-
tary treatment facility; or 
‘‘(B) is residing in quarters or in a facility 
affiliated with the military health care system 
for the purposes of receiving extensive outpatient 
rehabilitation or other medical care. 
‘‘(2) The term ‘bonus, incentive pay, or similar 
benefit’ means a bonus, incentive pay, special pay, or 
similar payment, or an educational benefit or sti-
pend, paid to a member of the uniformed services 
under this title or title 10. 
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318 
‘‘§ 373. Repayment of unearned portion of bonus, in-
centive pay, or similar benefit when con-
ditions of payment not met 
‘‘(a) REPAYMENT.—Except as provided in subsection 
(b), a member of the uniformed services who is paid a 
bonus, incentive pay, or similar benefit, the receipt of which 
is contingent upon the member’s satisfaction of certain serv-
ice or eligibility requirements, shall repay to the United 
States any unearned portion of the bonus, incentive pay, 
or similar benefit if the member fails to satisfy any such 
service or eligibility requirement. 
‘‘(b) EXCEPTIONS.—The regulations prescribed to ad-
minister this section may specify procedures for deter-
mining the circumstances under which an exception to the 
required repayment may be granted. 
‘‘(c) EFFECT
OF BANKRUPTCY.—An obligation to 
repay the United States under this section is, for all pur-
poses, a debt owed the United States. A discharge in bank-
ruptcy under title 11 does not discharge a person from such 
debt if the discharge order is entered less than five years 
after— 
‘‘(1) the date of the termination of the agreement 
or contract on which the debt is based; or 
‘‘(2) in the absence of such an agreement or con-
tract, the date of the termination of the service on 
which the debt is based. 
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319 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘bonus, incentive pay, or similar 
benefit’ means a bonus, incentive pay, special pay, or 
similar payment, or an educational benefit or sti-
pend, paid to a member of the uniformed services 
under a provision of law that refers to the repayment 
requirements of this section or section 303a(e) of this 
title. 
‘‘(2) The term ‘service’ refers to an obligation 
willingly undertaken by a member of the uniformed 
services, in exchange for a bonus, incentive pay, or 
similar benefit offered by the Secretary concerned— 
‘‘(A) to a regular or reserve component 
member who remains on active duty or in an ac-
tive status; 
‘‘(B) to perform duty in a specified skill, 
with or without a specified qualification or cre-
dential; 
‘‘(C) to perform duty in a specified assign-
ment, location or unit; or 
‘‘(D) to perform duty for a specified period 
of time. 
‘‘§ 374. Regulations 
‘‘This subchapter shall be administered under regula-
tions prescribed by— 
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320 
‘‘(1) the Secretary of Defense, with respect to the 
armed forces under the jurisdiction of the Secretary 
of Defense; 
‘‘(2) the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating 
as a service in the Navy; 
‘‘(3) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
‘‘(4) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion.’’. 
(b) TRANSFER OF 15-YEAR CAREER STATUS BONUS 
TO SUBCHAPTER II.— 
(1) TRANSFER.—Section 322 of title 37, United 
States Code, is transferred to appear after section 353 
of subchapter II of chapter 5 of such title, as added 
by subsection (a), and is redesignated as section 354. 
(2) CONFORMING AMENDMENT.—Subsection (f) of 
such section, as so transferred and redesignated, is 
amended by striking ‘‘section 303a(e)’’ and inserting 
‘‘section 373’’. 
(3) 
CROSS
REFERENCES.—Sections 
1401a, 
1409(b)(2), and 1410 of title 10, United States Code, 
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321 
are amended by striking ‘‘section 322’’ each place it 
appears and inserting ‘‘section 322 or 354’’. 
(c) TRANSFER OF RETENTION INCENTIVES FOR MEM-
BERS QUALIFIED IN CRITICAL MILITARY SKILLS OR AS-
SIGNED TO HIGH PRIORITY UNITS.— 
(1) TRANSFER.—Section 323 of title 37, United 
States Code, as amended by sections 614(e) and 621, 
is transferred to appear after section 354 of sub-
chapter II of chapter 5 of such title, as transferred 
and redesignated by subsection (b)(1), and is redesig-
nated as section 355. 
(2) CONFORMING
AMENDMENT.—Subsection (g) 
of such section, as so transferred and redesignated, is 
amended by striking ‘‘section 303a(e)’’ and inserting 
‘‘section 373’’. 
(d) CLERICAL AMENDMENTS.—The table of sections at 
the beginning of chapter 5 of title 37, United States Code, 
is amended to read as follows: 
‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS 
AUTHORITIES 
‘‘Sec. 
‘‘301. Incentive pay: hazardous duty. 
‘‘301a. Incentive pay: aviation career. 
‘‘301b. Special pay: aviation career officers extending period of active duty. 
‘‘301c. Incentive pay: submarine duty. 
‘‘301d. Multiyear retention bonus: medical officers of the armed forces. 
‘‘301e. Multiyear retention bonus: dental officers of the armed forces. 
‘‘302. Special pay: medical officers of the armed forces. 
‘‘302a. Special pay: optometrists. 
‘‘302b. Special pay: dental officers of the armed forces. 
‘‘302c. Special pay: psychologists and nonphysician health care providers. 
‘‘302d. Special pay: accession bonus for registered nurses. 
‘‘302e. Special pay: nurse anesthetists. 
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322 
‘‘302f. Special pay: reserve, recalled, or retained health care officers. 
‘‘302g. Special pay: Selected Reserve health care professionals in critically short 
wartime specialties. 
‘‘302h. Special pay: accession bonus for dental officers. 
‘‘302i. Special pay: pharmacy officers. 
‘‘302j. Special pay: accession bonus for pharmacy officers. 
‘‘302k. Special pay: accession bonus for medical officers in critically short war-
time specialties. 
‘‘302l. Special pay: accession bonus for dental specialist officers in critically short 
wartime specialties. 
‘‘303. Special pay: veterinarians. 
‘‘303a. Special pay: general provisions. 
‘‘303b. Waiver of board certification requirements. 
‘‘304. Special pay: diving duty. 
‘‘305. Special pay: hardship duty pay. 
‘‘305a. Special pay: career sea pay. 
‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil Sup-
port Team. 
‘‘306. Special pay: officers holding positions of unusual responsibility and of crit-
ical nature. 
‘‘306a. Special pay: members assigned to international military headquarters. 
‘‘307. Special pay: special duty assignment pay for enlisted members. 
‘‘307a. Special pay: assignment incentive pay. 
‘‘308. Special pay: reenlistment bonus. 
‘‘308b. Special pay: reenlistment bonus for members of the Selected Reserve. 
‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. 
‘‘308d. Special pay: members of the Selected Reserve assigned to certain high pri-
ority units. 
‘‘308g. Special pay: bonus for enlistment in elements of the Ready Reserve other 
than the Selected Reserve. 
‘‘308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of 
enlistment in elements of the Ready Reserve other than the Se-
lected Reserve. 
‘‘308i. Special pay: prior service enlistment bonus. 
‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve. 
‘‘309. Special pay: enlistment bonus. 
‘‘310. Special pay: duty subject to hostile fire or imminent danger. 
‘‘312. Special pay: nuclear-qualified officers extending period of active duty. 
‘‘312b. Special pay: nuclear career accession bonus. 
‘‘312c. Special pay: nuclear career annual incentive bonus. 
‘‘314. Special pay or bonus: qualified members extending duty at designated loca-
tions overseas. 
‘‘315. Special pay: engineering and scientific career continuation pay. 
‘‘316. Special pay: bonus for members with foreign language proficiency. 
‘‘317. Special pay: officers in critical acquisition positions extending period of ac-
tive duty. 
‘‘318. Special pay: special warfare officers extending period of active duty. 
‘‘319. Special pay: surface warfare officer continuation pay. 
‘‘320. Incentive pay: career enlisted flyers. 
‘‘321. Special pay: judge advocate continuation pay. 
‘‘324. Special pay: accession bonus for new officers in critical skills. 
‘‘325. Incentive bonus: savings plan for education expenses and other contin-
gencies. 
‘‘326. Incentive bonus: conversion to military occupational specialty to ease per-
sonnel shortage. 
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323 
‘‘327. Incentive bonus: transfer between armed forces. 
‘‘328. Combat-related injury rehabilitation pay. 
‘‘329. Incentive bonus: retired members and reserve component members volun-
teering for high-demand, low-density assignments. 
‘‘330. Special pay: accession bonus for officer candidates. 
‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS 
AUTHORITIES 
‘‘331. General bonus authority for enlisted members. 
‘‘332. General bonus authority for officers. 
‘‘333. Special bonus and incentive pay authorities for nuclear officers. 
‘‘334. Special aviation incentive pay and bonus authorities for officers. 
‘‘335. Special bonus and incentive pay authorities for officers in health profes-
sions. 
‘‘351. Hazardous duty pay. 
‘‘352. Assignment pay or special duty pay. 
‘‘353. Skill incentive pay or proficiency bonus. 
‘‘354. Special pay: 15-year career status bonus for members entering service on 
or after August 1, 1986. 
‘‘355. Special pay: retention incentives for members qualified in critical military 
skills or assigned to high priority units. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘371. Relationship to other incentives and pays. 
‘‘372. Continuation of pays during hospitalization for wounds, injury, or illness 
incurred while on duty in a hostile fire area or exposed to an 
event of hostile fire or other hostile action. 
‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit 
when conditions of payment not met. 
‘‘374. Regulations.’’. 
SEC. 662. TRANSITIONAL PROVISIONS. 
(a) IMPLEMENTATION PLAN.— 
(1) DEVELOPMENT.—The Secretary of Defense 
shall develop a plan to implement subchapters II and 
III of chapter 5 of title 37, United States Code, as 
added by section 661(a), and to correspondingly tran-
sition all of the special and incentive pay programs 
for members of the uniformed services solely to provi-
sions of such subchapters. 
(2) SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
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324 
shall submit the implementation plan to the congres-
sional defense committees. 
(b) TRANSITION PERIOD.—During a transition period 
of not more than 10 years beginning on the date of the en-
actment of this Act, the Secretary of Defense, the Secretary 
of a military department, and the Secretaries referred to 
in subsection (c) may continue to use the authorities in pro-
visions in subchapter I of chapter 5 of title 37, United 
States Code, as designated by section 661(a), but subject 
to the terms of such provisions and such modifications as 
the Secretary of Defense may include in the implementation 
plan, to provide bonuses and special and incentive pays for 
members of the uniformed services. 
(c) COORDINATION.—The Secretary of Defense shall 
prepare the implementation plan in coordination with— 
(1) the Secretary of Homeland Security, with re-
spect to the Coast Guard; 
(2) the Secretary of Health and Human Serv-
ices, with respect to the commissioned corps of the 
Public Health Service; and 
(3) the Secretary of Commerce, with respect to 
the National Oceanic and Atmospheric Administra-
tion. 
(d) NO EFFECT
ON FISCAL YEAR 2008 OBLIGA-
TIONS.—During fiscal year 2008, obligations incurred 
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325 
under subchapters I, II, and III of chapter 5 of title 37, 
United States Code, as amended by section 661, to provide 
bonuses, incentive pays, special pays, and similar pay-
ments to members of the uniformed services under such sub-
chapters may not exceed the obligations that would be in-
curred in the absence of the amendments made by such sec-
tion. 
Subtitle G—Other Matters 
SEC. 671. EXPANSION OF EDUCATION LOAN REPAYMENT 
PROGRAM FOR MEMBERS OF THE SELECTED 
RESERVE. 
(a) ADDITIONAL EDUCATIONAL LOANS ELIGIBLE FOR 
REPAYMENT.—Paragraph (1) of subsection (a) of section 
16301 of title 10, United States Code, is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) any loan incurred for educational purposes 
made by a lender that is— 
‘‘(i) an agency or instrumentality of a 
State; 
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326 
‘‘(ii) a financial or credit institution (in-
cluding an insurance company) that is subject to 
examination and supervision by an agency of 
the United States or any State; 
‘‘(iii) a pension fund approved by the Sec-
retary for purposes of this section; or 
‘‘(iv) a nonprofit private entity designated 
by a State, regulated by that State, and ap-
proved by the Secretary for purposes of this sec-
tion.’’. 
(b) PARTICIPATION OF OFFICERS IN PROGRAM.—Such 
subsection is further amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘Except as provided in 
paragraph (3), the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(B) by striking ‘‘an enlisted member of the 
Selected Reserve of the Ready Reserve of an 
armed force in a reserve component and military 
specialty’’ and inserting ‘‘a member of the Se-
lected Reserve of the Ready Reserve of an armed 
force in a reserve component and in an officer 
program or military specialty’’; and 
(2) by striking paragraph (3). 
(c) CLERICAL AMENDMENTS.— 
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327 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 16301. Education loan repayment program: mem-
bers of Selected Reserve’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1609 of such title is 
amended by striking the item relating to section 
16301 and inserting the following new item: 
‘‘16301. Education loan repayment program: members of Selected Reserve.’’. 
SEC. 672. ENSURING ENTRY INTO UNITED STATES AFTER 
TIME ABROAD FOR PERMANENT RESIDENT 
ALIEN MILITARY SPOUSES AND CHILDREN. 
Section 284 of the Immigration and Nationality Act 
(8 U.S.C. 1354) is amended— 
(1) by striking ‘‘Nothing’’ and inserting ‘‘(a) 
Nothing’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) In the case of a person lawfully admitted for per-
manent residence who is the spouse or child of a member 
of the Armed Forces of the United States, is authorized to 
accompany such member and reside abroad with the mem-
ber pursuant to the member’s official orders, and is so ac-
companying and residing with the member (in marital 
union if a spouse), such residence and physical presence 
abroad shall not be treated as— 
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‘‘(1) an abandonment or relinquishment of law-
ful permanent resident status for purposes of section 
101(a)(13)(C)(i); or 
‘‘(2) an absence from the United States for pur-
poses of section 101(a)(13)(C)(ii).’’. 
SEC. 673. OVERSEAS NATURALIZATION FOR MILITARY 
SPOUSES AND CHILDREN. 
(a) SPOUSES.—Section 319 of the Immigration and 
Nationality Act (8 U.S.C. 1430) is amended by adding at 
the end the following new subsection: 
‘‘(e)(1) In the case of a person lawfully admitted for 
permanent residence in the United States who is the spouse 
of a member of the Armed Forces of the United States, is 
authorized to accompany such member and reside abroad 
with the member pursuant to the member’s official orders, 
and is so accompanying and residing with the member in 
marital union, such residence and physical presence abroad 
shall be treated, for purposes of subsection (a) and section 
316(a), as residence and physical presence in— 
‘‘(A) the United States; and 
‘‘(B) any State or district of the Department of 
Homeland Security in the United States. 
‘‘(2) Notwithstanding any other provision of law, a 
spouse described in paragraph (1) shall be eligible for natu-
ralization proceedings oversees pursuant to section 1701(d) 
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329 
of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136; 8 U.S.C. 1443a).’’. 
(b) CHILDREN.—Section 322 of the Immigration and 
Nationality Act (8 U.S.C. 1433) is amended by adding at 
the end the following new subsection: 
‘‘(d) In the case of a child of a member of the Armed 
Forces of the United States who is authorized to accompany 
such member and reside abroad with the member pursuant 
to the member’s official orders, and is so accompanying and 
residing with the member— 
‘‘(1) any period of time during which the mem-
ber of the Armed Forces is residing abroad pursuant 
to official orders shall be treated, for purposes of sub-
section (a)(2)(A), as physical presence in the United 
States; 
‘‘(2) subsection (a)(5) shall not apply; and 
‘‘(3) the oath of allegiance described in subsection 
(b) may be subscribed to abroad pursuant to section 
1701(d) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 
1443a).’’. 
(c) OVERSEAS NATURALIZATION AUTHORITY.—Sec-
tion 1701(d) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 1443a) 
is amended— 
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330 
(1) in the subsection heading, by inserting ‘‘AND 
THEIR SPOUSES AND CHILDREN’’ after ‘‘FORCES’’; 
and 
(2) by inserting ‘‘, and persons made eligible for 
naturalization by section 319(e) or 322(d) of such 
Act,’’ after ‘‘Armed Forces’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of enactment of this Act 
and apply to any application for naturalization or 
issuance of a certificate of citizenship pending on or after 
such date. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Sec. 701. Extension of prohibition on increases in certain health care costs for 
members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail phar-
macy system of pharmacy benefits program. 
Sec. 703. Fair pricing under pharmacy benefits program. 
Sec. 704. Prohibition on conversion of military medical and dental positions to 
civilian medical and dental positions. 
Sec. 705. Establishment of Nurse Practitioner Program. 
Sec. 706. Services of mental health counselors. 
Sec. 707. Extension of pilot program for health care delivery. 
Sec. 708. Stipend for members of Reserve Components for health care for certain 
dependents. 
Sec. 709. Joint Pathology Center. 
Sec. 710. Report on training in preservation of remains under combat or combat- 
related conditions. 
Sec. 711. Pre- and post-deployment assessments for the purpose of determining 
the cognitive functioning and brain health of deployed members 
of the Armed Forces. 
Sec. 712. Guaranteed funding for Walter Reed Army Medical Center. 
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331 
SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN 
CERTAIN HEALTH CARE COSTS FOR MEM-
BERS OF THE UNIFORMED SERVICES. 
(a) EXTENSION
OF PROHIBITION
ON INCREASE
IN 
CHARGES UNDER CONTRACTS FOR MEDICAL CARE.—Sec-
tion 1097(e) of title 10, United States Code, is amended 
by striking ‘‘2007’’ and inserting ‘‘2008’’. 
(b) EXTENSION
OF PROHIBITION
IN INCREASE
IN 
CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of 
title 10, United States Code, is amended by striking 
‘‘2007.’’ and inserting ‘‘2008’’. 
(c) EXTENSION
OF PROHIBITION
ON INCREASE
IN 
PREMIUMS UNDER TRICARE COVERAGE FOR CERTAIN 
MEMBERS
IN
THE
SELECTED
RESERVE.—Section 
1076d(d)(3) of title 10, United States Code, is amended by 
striking ‘‘2007’’ and inserting ‘‘2008’’. 
(d) EXTENSION
OF PROHIBITION
ON INCREASE
IN 
PREMIUMS UNDER TRICARE COVERAGE FOR MEMBERS 
OF THE READY RESERVE.—Section 1076b(e)(3) of title 10, 
United States Code, is amended by striking ‘‘2007’’ and in-
serting ‘‘2008’’. 
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN CO-
PAYMENTS UNDER RETAIL PHARMACY SYS-
TEM OF PHARMACY BENEFITS PROGRAM. 
During the period beginning on October 1, 2007, and 
ending on September 30, 2008, the cost sharing require-
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332 
ments established under paragraph (6) of section 1074g(a) 
of title 10, United States Code, for pharmaceutical agents 
available through retail pharmacies covered by paragraph 
(2)(E)(ii) of such section may not exceed amounts as fol-
lows: 
(1) In the case of generic agents, $3. 
(2) In the case of formulary agents, $9. 
(3) In the case of nonformulary agents, $22. 
SEC. 703. FAIR PRICING UNDER PHARMACY BENEFITS PRO-
GRAM. 
Section 1074g(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(9)(A) In carrying out this subsection, the Sec-
retary may, to the extent recommended by the Phar-
macy and Therapeutics Committee in the course of re-
viewing any therapeutic class of pharmaceutical 
agents, exclude from the pharmacy benefits program 
any pharmaceutical agent that is not provided to the 
Secretary consistent with the pricing standard set 
forth subparagraph (B). 
‘‘(B) The pricing standard referred to in sub-
paragraph (A) is that the price of any pharma-
ceutical agent made available to beneficiaries through 
all the means described in paragraph (2)(E) shall be 
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the same as, or lower than, the price of the agent 
under section 8126 of title 38, United States Code.’’. 
SEC. 704. PROHIBITION ON CONVERSION OF MILITARY 
MEDICAL AND DENTAL POSITIONS TO CIVIL-
IAN MEDICAL AND DENTAL POSITIONS. 
(a) PROHIBITION.—The Secretary of a military de-
partment may not convert any military medical or dental 
position to a civilian medical or dental position on or after 
October 1, 2007. 
(b) REPORT.— 
(1) REQUIREMENT.—The Secretary of Defense 
shall submit to the congressional defense committees a 
report on conversions made during fiscal year 2007 
not later than 180 days after the enactment of this 
Act. 
(2) MATTERS COVERED.—The report shall in-
clude the following: 
(A) The number of military medical or den-
tal positions, by grade or band and specialty, 
converted to civilian medical or dental positions. 
(B) The results of a market survey in each 
affected area of the availability of civilian med-
ical and dental care providers in such area in 
order to determine whether there were civilian 
medical and dental care providers available in 
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334 
such area adequate to fill the civilian positions 
created by the conversion of military medical 
and dental positions to civilian positions in such 
area. 
(C) An analysis, by affected area, showing 
the extent to which access to health care and cost 
of health care was affected in both the direct care 
and purchased care systems, including an assess-
ment of the effect of any increased shifts in pa-
tient load from the direct care to the purchased 
care system, or any delays in receipt of care in 
either the direct or purchased care system be-
cause of the conversions. 
(D) The extent to which military medical 
and dental positions converted to civilian med-
ical or dental positions affected recruiting and 
retention of uniformed medical and dental per-
sonnel. 
(E) A comparison of the full costs for the 
military medical and dental positions converted 
with the full costs for civilian medical and den-
tal positions, including expenses such as recruit-
ing, salary, benefits, training, and any other 
costs the Department identifies. 
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(F) An assessment showing that the mili-
tary medical or dental positions converted were 
in excess of the military medical and dental po-
sitions needed to meet medical and dental readi-
ness requirements of the uniformed services, as 
determined jointly by all the uniformed services. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘military medical or dental posi-
tion’’ means a position for the performance of health 
care functions within the Armed Forces held by a 
member of the Armed Forces. 
(2) The term ‘‘civilian medical or dental posi-
tion’’ means a position for the performance of health 
care functions within the Department of Defense held 
by an employee of the Department or of a contractor 
of the Department. 
(3) The term ‘‘uniformed services’’ has the mean-
ing given that term in section 1072(1) of title 10, 
United States Code. 
(4) The term ‘‘conversion,’’ with respect to a 
military medical or dental position, means a change 
of the position to a civilian medical or dental posi-
tion, effective as of the date of the manning authoriza-
tion document of the military department making the 
change (through a change in designation from mili-
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336 
tary to civilian in the document, the elimination of 
the listing of the position as a military position in 
the document, or through any other means indicating 
the change in the document or otherwise). 
(d) REPEAL.—Section 742 of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109-364; 120 Stat. 2306) is repealed. 
SEC. 705. ESTABLISHMENT OF NURSE PRACTITIONER PRO-
GRAM. 
The Secretary of Defense shall establish at the Uni-
formed Services University of the Health Sciences a grad-
uate education program for advanced-practice nursing. The 
Secretary shall, in consultation with the Secretaries of the 
military departments, determine programs of instruction 
leading to designation as a Nurse Practitioner, which shall 
include, at a minimum, family practice and psychiatric or 
mental health. The program shall be designed to ensure that 
graduates of the program are fully eligible to meet 
credentialing requirements of the military departments and 
at least one State. 
SEC. 706. SERVICES OF MENTAL HEALTH COUNSELORS. 
(a) REIMBURSEMENT
OF MENTAL HEALTH COUN-
SELORS UNDER TRICARE.— 
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(1) REIMBURSEMENT UNDER TRICARE.—Section 
1079(a)(8) of title 10, United States Code, is amend-
ed— 
(A) by inserting ‘‘or licensed or certified 
mental health counselors’’ after ‘‘certified mar-
riage and family therapists’’ both places it ap-
pears; and 
(B) by inserting ‘‘or licensed or certified 
mental health counselors’’ after ‘‘that the thera-
pists.’’ 
(2) AUTHORITY TO ASSESS MEDICAL OR PSYCHO-
LOGICAL NECESSITY OF SERVICE OR SUPPLY.—Sec-
tion 1079(a)(13) of such title is amended by inserting 
‘‘, licensed or certified mental health counselor,’’ after 
‘‘certified marriage and family therapist’’. 
(b) SERVICES OF MENTAL HEALTH COUNSELORS.— 
(1) AUTHORITY TO ENTER INTO PERSONAL SERV-
ICES CONTRACTS.—Section 704(c)(2) of the National 
Defense Authorization Act for Fiscal Year 1995 (Pub-
lic Law 103–337; 108 Stat. 2799; 10 U.S.C. 1091 
note) is amended by inserting ‘‘mental health coun-
selors,’’ after ‘‘psychologists,’’. 
(2) APPLICABILITY OF LICENSURE REQUIREMENT 
FOR
HEALTH-CARE
PROFESSIONALS.—Section 1094 
(e)(2) of title 10, United States Code, is amended by 
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inserting ‘‘mental health counselor,’’ after ‘‘psycholo-
gist,’’. 
SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH 
CARE DELIVERY. 
(a) EXTENSION OF DURATION OF PILOT PROGRAM.— 
Section 721(e) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108– 
375; 10 U.S.C. 1092 note) is amended by striking ‘‘and 
2007’’ and inserting ‘‘, 2007, 2008, 2009, and 2010’’. 
(b) EXTENSION
OF
REPORT
DEADLINE.—Section 
721(f) of such Act is amended by striking ‘‘July 1, 2007’’ 
and inserting ‘‘July 1, 2010’’. 
(c) REVISION
IN
SELECTION
CRITERIA.—Section 
721(d)(2) of such Act is amended by striking ‘‘expected to 
increase over the next five years’’ and inserting ‘‘has in-
creased over the five years preceding 2008’’. 
(d) ADDITION
TO REQUIREMENTS
OF PILOT PRO-
GRAM.—Section 721(b) of such Act is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period and inserting ‘‘; and’’ 
at the end of paragraph (4); and 
(3) by adding at the end the following: 
‘‘(5) collaborate with State and local authorities 
to create an arrangement to share and exchange, be-
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