I 
110TH CONGRESS 
2D SESSION 
H. R. 5825 
To amend titles 5, 10, 37, and 38, United States Code, to ensure the 
fair treatment of a member of the Armed Forces who is discharged 
from the Armed Forces, at the request of the member, pursuant to 
the Department of Defense policy permitting the early discharge of 
a member who is the only surviving child in a family in which the 
father or mother, or one or more siblings, served in the Armed Forces 
and, because of hazards incident to such service, was killed, died as 
a result of wounds, accident, or disease, is in a captured or missing 
in action status, or is permanently disabled, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 16, 2008 
Mr. NUNES (for himself, Mr. COSTA, Mr. AKIN, Mr. ALEXANDER, Mr. AN-
DREWS, Mr. ARCURI, Mr. BACA, Mr. BARRETT of South Carolina, Mr. 
BARROW, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, Ms. BEAN, 
Ms. BERKLEY, Mr. BERMAN, Mr. BERRY, Mr. BILBRAY, Mr. BILIRAKIS, 
Mr. BISHOP of Utah, Mr. BISHOP of Georgia, Mrs. BLACKBURN, Mr. 
BLUNT, Mr. BOEHNER, Mr. BONNER, Mrs. BONO MACK, Mr. BOOZMAN, 
Mr. BOREN, Mr. BOSWELL, Mr. BOUSTANY, Mr. BOYD of Florida, Mrs. 
BOYDA of Kansas, Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. 
BROWN of South Carolina, Ms. GINNY BROWN-WAITE of Florida, Mr. 
BUCHANAN, Mr. BURGESS, Mr. BURTON of Indiana, Mr. BUYER, Mr. 
CALVERT, Mr. CAMP of Michigan, Mr. CAMPBELL of California, Mr. CAN-
NON, Mr. CANTOR, Mrs. CAPITO, Mr. CARDOZA, Mr. CARNEY, Mr. 
CARTER, Mr. CASTLE, Mr. CHABOT, Mr. CHANDLER, Mr. COBLE, Mr. 
COLE of Oklahoma, Mr. CONAWAY, Mr. COOPER, Mr. CRAMER, Mr. 
CRENSHAW, Mrs. CUBIN, Mr. CUMMINGS, Mr. DAVIS of Kentucky, Mr. 
LINCOLN DAVIS of Tennessee, Mr. TOM DAVIS of Virginia, Mr. DEAL of 
Georgia, Mr. DENT, Mr. MARIO DIAZ-BALART of Florida, Mr. LINCOLN 
DIAZ-BALART of Florida, Mr. DONNELLY, Mr. DOOLITTLE, Mr. DOYLE, 
Mrs. DRAKE, Mr. DREIER, Mr. EDWARDS, Mr. EHLERS, Mr. ENGLISH 
of Pennsylvania, Mr. EVERETT, Ms. FALLIN, Mr. FEENEY, Mr. FER-
GUSON, Mr. FILNER, Mr. FLAKE, Mr. FORBES, Mr. FORTENBERRY, Mr. 
FOSSELLA, Ms. FOXX, Mr. FRANKS of Arizona, Mr. GALLEGLY, Mr. 
GERLACH, Mr. GINGREY, Mr. GOHMERT, Mr. GONZALEZ, Mr. GOODE, 
Mr. GORDON of Tennessee, Mr. GRAVES, Mr. GRIJALVA, Mr. GUTIERREZ, 
Mr. HALL of New York, Mr. HALL of Texas, Mr. HARE, Ms. HARMAN, 
Mr. HASTINGS of Washington, Mr. HAYES, Mr. HELLER of Nevada, Mr. 
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HERGER, Ms. HERSETH SANDLIN, Mr. HINOJOSA, Mr. HOEKSTRA, Mr. 
HOLDEN, Mr. HUNTER, Mr. INSLEE, Mr. ISSA, Mr. SAM JOHNSON of 
Texas, Mr. JONES of North Carolina, Mr. KELLER of Florida, Mr. KEN-
NEDY, Mr. KING of New York, Mr. KINGSTON, Mr. KIRK, Mr. KLINE of 
Minnesota, Mr. KUCINICH, Mr. KUHL of New York, Mr. LAHOOD, Mr. 
LAMBORN, Mr. LAMPSON, Mr. LATHAM, Mr. LATOURETTE, Mr. LEWIS 
of California, Mr. LEWIS of Kentucky, Mr. LINDER, Mr. LOBIONDO, Ms. 
ZOE LOFGREN of California, Mr. LUCAS, Mr. DANIEL E. LUNGREN of 
California, Mr. LYNCH, Mr. MAHONEY of Florida, Mr. MARSHALL, Mr. 
MATHESON, Mr. MCCARTHY of California, Mr. MCCAUL of Texas, Mr. 
MCCOTTER, Mr. MCCRERY, Mr. MCGOVERN, Mr. MCHENRY, Mr. 
MCHUGH, Mr. MCKEON, Mrs. MCMORRIS RODGERS, Mr. MCNERNEY, 
Mr. MEEKS of New York, Mr. MELANCON, Mr. MICA, Mr. MICHAUD, 
Mrs. MILLER of Michigan, Mr. GARY G. MILLER of California, Mr. MIL-
LER of Florida, Mr. MITCHELL, Mr. MOORE of Kansas, Mr. MORAN of 
Kansas, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. TIM MURPHY of 
Pennsylvania, Mrs. MUSGRAVE, Mrs. MYRICK, Mrs. NAPOLITANO, Mr. 
NEUGEBAUER, Ms. NORTON, Mr. ORTIZ, Mr. PASTOR, Mr. PEARCE, Mr. 
PENCE, Mr. PETERSON of Minnesota, Mr. PETERSON of Pennsylvania, 
Mr. PITTS, Mr. PLATTS, Mr. POMEROY, Mr. PORTER, Mr. PRICE of 
Georgia, Ms. PRYCE of Ohio, Mr. PUTNAM, Mr. RADANOVICH, Mr. 
RAMSTAD, Mr. REHBERG, Mr. REYES, Mr. REYNOLDS, Mr. RODRIGUEZ, 
Mr. ROGERS of Kentucky, Mr. ROGERS of Alabama, Mr. ROHRABACHER, 
Mr. ROSKAM, Ms. ROS-LEHTINEN, Mr. ROSS, Ms. ROYBAL-ALLARD, Mr. 
ROYCE, Mr. RYAN of Wisconsin, Mr. SALAZAR, Mr. SALI, Ms. LORETTA 
SANCHEZ of California, Mr. SAXTON, Mr. SCHIFF, Mrs. SCHMIDT, Mr. 
SCOTT of Georgia, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. SHAYS, Mr. 
SHIMKUS, Mr. SHULER, Mr. SHUSTER, Mr. SIMPSON, Mr. SIRES, Mr. 
SMITH of Nebraska, Mr. SNYDER, Ms. SOLIS, Mr. SOUDER, Mr. SPACE, 
Mr. SPRATT, Mr. STEARNS, Mr. SULLIVAN, Mr. TANNER, Mrs. 
TAUSCHER, Mr. TAYLOR, Mr. TERRY, Mr. THOMPSON of California, Mr. 
THORNBERRY, Mr. TIBERI, Mr. TURNER, Mr. UDALL of Colorado, Mr. 
UPTON, Mr. VAN HOLLEN, Mr. WALBERG, Mr. WALZ of Minnesota, Mr. 
WAMP, Ms. WATSON, Mr. WAXMAN, Mr. WELLER of Illinois, Mr. WEST-
MORELAND, Mr. WHITFIELD of Kentucky, Mr. WILSON of Ohio, Mrs. 
WILSON of New Mexico, Mr. WILSON of South Carolina, Mr. WOLF, Mr. 
YARMUTH, Mr. YOUNG of Alaska, and Mr. MCNULTY) introduced the fol-
lowing bill; which was referred to the Committee on Armed Services, and 
in addition to the Committees on Veterans’ Affairs and Oversight and 
Government Reform, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend titles 5, 10, 37, and 38, United States Code, 
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to ensure the fair treatment of a member of the Armed 
Forces who is discharged from the Armed Forces, at 
the request of the member, pursuant to the Department 
of Defense policy permitting the early discharge of a 
member who is the only surviving child in a family in 
which the father or mother, or one or more siblings, 
served in the Armed Forces and, because of hazards 
incident to such service, was killed, died as a result 
of wounds, accident, or disease, is in a captured or 
missing in action status, or is permanently disabled, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Hubbard Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Continued payment of bonuses and similar benefits for members of the 
Armed Forces who receive sole survivorship discharge. 
Sec. 3. Availability of separation pay for members of the Armed Forces with 
less than six years of active service who receive sole survivor-
ship discharge. 
Sec. 4. Transitional health care for members of the Armed Forces who receive 
sole survivorship discharge. 
Sec. 5. Transitional commissary and exchange benefits for members of the 
Armed Forces who receive sole survivorship discharge. 
Sec. 6. Veterans benefits for members of the Armed Forces who receive sole 
survivorship discharge. 
Sec. 7. Unemployment compensation for members of the Armed Forces who re-
ceive sole survivorship discharge. 
Sec. 8. Preference-eligible status for members of the Armed Forces who receive 
sole survivorship discharge. 
Sec. 9. Effective date. 
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SEC. 2. CONTINUED PAYMENT OF BONUSES AND SIMILAR 
BENEFITS FOR MEMBERS OF THE ARMED 
FORCES WHO RECEIVE SOLE SURVIVORSHIP 
DISCHARGE. 
(a) EFFECT OF SOLE SURVIVORSHIP DISCHARGE.— 
Section 303a(e) of title 37, United States Code, is amend-
ed— 
(1) in paragraph (1), by striking ‘‘A member’’ 
and inserting ‘‘(A) Except as provided in paragraph 
(2), a member’’; 
(2) by redesignating paragraph (2) as subpara-
graph (B) of paragraph (1); and 
(3) by inserting after paragraph (1), as so 
amended, the following new paragraph (2): 
‘‘(2)(A) If a member of the uniformed services re-
ceives a sole survivorship discharge, the Secretary con-
cerned— 
‘‘(i) shall not require repayment by the member 
of the unearned portion of any bonus, incentive pay, 
or similar benefit previously paid to the member; 
and 
‘‘(ii) may grant an exception to the requirement 
to terminate the payment of any unpaid amounts of 
a bonus, incentive pay, or similar benefit if the Sec-
retary concerned determines that termination of the 
payment of the unpaid amounts would be contrary 
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to a personnel policy or management objective, 
would be against equity and good conscience, or 
would be contrary to the best interests of the United 
States. 
‘‘(B) In this paragraph, the term ‘sole survivorship 
discharge’ means the separation of a member from the 
armed forces, at the request of the member, pursuant to 
the Department of Defense policy permitting the early 
separation of a member who is the only surviving child 
in a family in which— 
‘‘(i) the father or mother or one or more sib-
lings— 
‘‘(I) served in the armed forces; and 
‘‘(II) was killed, died as a result of 
wounds, accident, or disease, is in a captured or 
missing in action status, or is permanently 100 
percent disabled or hospitalized on a continuing 
basis (and is not employed gainfully because of 
the disability or hospitalization); and 
‘‘(ii) the death, status, or disability did not re-
sult from the intentional misconduct or willful ne-
glect of the parent or sibling and was not incurred 
during a period of unauthorized absence.’’. 
(b) SENSE OF CONGRESS.—In light of the extraor-
dinary discretion granted to the Secretary of a military 
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department by statute and policy to continue to pay the 
unpaid amounts of a bonus, incentive pay, or similar ben-
efit otherwise due to a member of the Armed Forces under 
the jurisdiction of the Secretary who receives a sole survi-
vorship discharge, it is the sense of Congress that the Sec-
retaries of the military departments should aggressively 
use such discretion to the benefit of members receiving 
a sole survivorship discharge. 
SEC. 3. AVAILABILITY OF SEPARATION PAY FOR MEMBERS 
OF THE ARMED FORCES WITH LESS THAN SIX 
YEARS OF ACTIVE SERVICE WHO RECEIVE 
SOLE SURVIVORSHIP DISCHARGE. 
Section 1174 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the fol-
lowing new subsection: 
‘‘(i) SPECIAL RULE FOR MEMBERS RECEIVING SOLE 
SURVIVORSHIP DISCHARGE.—(1) A member of the armed 
forces who receives a sole survivorship discharge shall be 
entitled to separation pay under this section even though 
the member has completed less than six years of active 
service immediately before that discharge. Subsection (e) 
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shall not apply to a member who receives a sole survivor-
ship discharge. 
‘‘(2) The amount of the separation pay to be paid 
to a member pursuant to this subsection shall be based 
on the years of active service actually completed by the 
member before the member’s sole survivorship discharge. 
‘‘(3) In this subsection, the term ‘sole survivorship 
discharge’ means the separation of a member from the 
armed forces, at the request of the member, pursuant to 
the Department of Defense policy permitting the early 
separation of a member who is the only surviving child 
in a family in which— 
‘‘(A) the father or mother or one or more sib-
lings— 
‘‘(i) served in the armed forces; and 
‘‘(ii) was killed, died as a result of wounds, 
accident, or disease, is in a captured or missing 
in action status, or is permanently 100 percent 
disabled or hospitalized on a continuing basis 
(and is not employed gainfully because of the 
disability or hospitalization); and 
‘‘(B) the death, status, or disability did not re-
sult from the intentional misconduct or willful ne-
glect of the parent or sibling and was not incurred 
during a period of unauthorized absence.’’. 
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SEC. 4. TRANSITIONAL HEALTH CARE FOR MEMBERS OF 
THE ARMED FORCES WHO RECEIVE SOLE 
SURVIVORSHIP DISCHARGE. 
Section 1145(a)(2) of title 10, United States Code, 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(E) A member who receives a sole survivorship 
discharge (as defined in section 1174(i) of this 
title).’’. 
SEC. 5. TRANSITIONAL COMMISSARY AND EXCHANGE BEN-
EFITS 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES WHO RECEIVE SOLE SURVIVORSHIP 
DISCHARGE. 
Section 1146 of title 10, United States Code, is 
amended— 
(1) by striking ‘‘The Secretary of Defense’’ and 
inserting the following: 
‘‘(a) BENEFITS FOR MEMBERS INVOLUNTARILY SEP-
ARATED.—The Secretary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) BENEFITS
FOR MEMBERS RECEIVING SOLE 
SURVIVORSHIP DISCHARGE.—A member of the armed 
forces who receives a sole survivorship discharge (as de-
fined in section 1174(i) of this title) is entitled to continue 
to use commissary and exchange stores and morale, wel-
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