Hubbard Act
PL 110-317 (H.R.6580), enacted 08/29/2008

122 STAT. 3526 
PUBLIC LAW 110–317—AUG. 29, 2008 
Public Law 110–317 
110th Congress 
An Act 
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, to amend the Internal 
Revenue Code of 1986 to repeal the dollar limitation on contributions to funeral 
trusts, and for other purposes. 
Be it enacted by the Senate and House of Representatives 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 survivorship 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 survi-
vorship discharge. 
Sec. 7. Unemployment compensation for members of the Armed Forces who receive 
sole survivorship discharge. 
Sec. 8. Preference-eligible status for members of the Armed Forces who receive sole 
survivorship discharge. 
Sec. 9. Repeal of dollar limitation on contributions to funeral trusts. 
Sec. 10. Effective dates. 
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 amended— 
(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 subparagraph (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 receives a sole 
survivorship discharge, the Secretary concerned— 
10 USC 101 note. 
Hubbard Act. 
Aug. 29, 2008 
[H.R. 6580] 
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122 STAT. 3527 
PUBLIC LAW 110–317—AUG. 29, 2008 
‘‘(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 termi-
nate the payment of any unpaid amounts of a bonus, incentive 
pay, or similar benefit if the Secretary concerned determines 
that termination of the payment of the unpaid amounts would 
be contrary to a personnel policy or management objective, 
would be against 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 siblings— 
‘‘(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 result from 
the intentional misconduct or willful neglect of the parent or 
sibling and was not incurred during a period of unauthorized 
absence.’’. 
(b) SENSE OF CONGRESS.—In light of the extraordinary discre-
tion granted to the Secretary of a military department by statute 
and policy to continue to pay the unpaid amounts of a bonus, 
incentive pay, or similar benefit otherwise due to a member of 
the Armed Forces under the jurisdiction of the Secretary who 
receives a sole survivorship discharge, it is the sense of Congress 
that the Secretaries 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 following new sub-
section: 
‘‘(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. Sub-
section (e) 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 
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122 STAT. 3528 
PUBLIC LAW 110–317—AUG. 29, 2008 
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 siblings— 
‘‘(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 result from 
the intentional misconduct or willful neglect of the parent or 
sibling and was not incurred during a period of unauthorized 
absence.’’. 
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 subparagraph: 
‘‘(E) A member who receives a sole survivorship discharge 
(as defined in section 1174(i) of this title).’’. 
SEC. 5. TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS 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 SEPARATED.—The 
Secretary of Defense’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) BENEFITS FOR MEMBERS RECEIVING SOLE SURVIVORSHIP 
DISCHARGE.—A member of the Armed Forces who receives a sole 
survivorship discharge (as defined in section 1174(i) of this title) 
is entitled to continue to use commissary and exchange stores 
and morale, welfare, and recreational facilities in the same manner 
as a member on active duty during the two-year period beginning 
on the later of the following dates: 
‘‘(1) The date of the separation of the member. 
‘‘(2) The date on which the member is first notified of 
the members entitlement to benefits under this section.’’. 
SEC. 6. VETERANS BENEFITS FOR MEMBERS OF THE ARMED FORCES 
WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. 
(a) HOUSING LOAN BENEFITS.—Section 3702(a)(2) of title 38, 
United States Code, is amended by adding at the end the following 
new subparagraph: 
‘‘(F) Each veteran who was discharged or released from 
a period of active duty of 90 days or more by reason of a 
sole survivorship discharge (as that term is defined in section 
1174(i) of title 10).’’. 
(b) EMPLOYMENT AND TRAINING.—Section 4211(4) of such title 
is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at the end; 
(2) in subparagraph (C), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new subparagraph: 
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122 STAT. 3529 
PUBLIC LAW 110–317—AUG. 29, 2008 
‘‘(D) was discharged or released from active duty by 
reason of a sole survivorship discharge (as that term is 
defined in section 1174(i) of title 10).’’. 
(c) EXISTING BASIC EDUCATIONAL ASSISTANCE.— 
(1) SERVICE ON ACTIVE DUTY.—Section 3011(a)(1) of such 
title is amended— 
(A) in subparagraph (A)(ii), by inserting after ‘‘service- 
connected disability,’’ the following: ‘‘by reason of a sole 
survivorship discharge (as that term is defined in section 
1174(i) of title 10),’’; 
(B) in subparagraph (B)(ii), by inserting after ‘‘service- 
connected disability,’’ the following: ‘‘by reason of a sole 
survivorship discharge (as that term is defined in section 
1174(i) of title 10),’’; and 
(C) in subparagraph (C)(iii)(II), by inserting after 
‘‘service-connected disability,’’ the following: ‘‘by reason of 
a sole survivorship discharge (as that term is defined in 
section 1174(i) of title 10),’’. 
(2) SERVICE IN THE SELECTED RESERVE.—Section 3012(b)(1) 
of such title is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘, or (vi)’’ and inserting ‘‘, (vi)’’; 
and 
(ii) by inserting before the period at the end the 
following: ‘‘, or (vii) by reason of a sole survivorship 
discharge (as that term is defined in section 1174(i) 
of title 10)’’; and 
(B) in subparagraph (B)— 
(i) in clause (i), by inserting after ‘‘service-con-
nected disability,’’ the following: ‘‘by reason of a sole 
survivorship discharge (as that term is defined in sec-
tion 1174(i) of title 10),’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘, or (VI)’’ and inserting ‘‘, (VI)’’; 
and 
(II) by inserting before the period at the end 
the following: ‘‘, or (VII) by reason of a sole 
survivorship discharge (as that term is defined 
in section 1174(i) of title 10)’’. 
SEC. 7. UNEMPLOYMENT COMPENSATION FOR MEMBERS OF THE 
ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DIS-
CHARGE. 
Section 8521(a)(1)(B)(ii)(III) of title 5, United States Code, is 
amended by striking ‘‘hardship,’’ and inserting ‘‘hardship (including 
pursuant to a sole survivorship discharge, as that term is defined 
in section 1174(i) of title 10),’’. 
SEC. 8. PREFERENCE-ELIGIBLE STATUS FOR MEMBERS OF THE ARMED 
FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. 
Section 2108(3) of title 5, United States Code, is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at the end; 
(2) in subparagraph (G), by inserting ‘‘and’’ at the end; 
and 
(3) by inserting after subparagraph (G) the following: 
‘‘(H) a veteran who was discharged or released from 
a period of active duty by reason of a sole survivorship 
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122 STAT. 3530 
PUBLIC LAW 110–317—AUG. 29, 2008 
discharge (as that term is defined in section 1174(i) of 
title 10);’’. 
SEC. 9. REPEAL OF DOLLAR LIMITATION ON CONTRIBUTIONS TO 
FUNERAL TRUSTS. 
(a) IN GENERAL.—Subsection (c) of section 685 of the Internal 
Revenue Code of 1986 (relating to treatment of funeral trusts) 
is repealed. 
(b) CONFORMING AMENDMENT.—Subsections (d), (e), and (f) of 
such section are redesignated as subsections (c), (d), and (e), respec-
tively. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after the date of the enact-
ment of this Act. 
SEC. 10. EFFECTIVE DATES. 
(a) RETROACTIVE EFFECTIVE DATE.—Except as provided in sub-
section (b) and section 9, this Act and the amendments made 
by this Act shall apply with respect to any sole survivorship dis-
charge granted after September 11, 2001. 
(b) DATE OF ENACTMENT EFFECTIVE DATE FOR CERTAIN AMEND-
MENTS.—The amendments made by sections 4,
7, and 8 shall 
apply with respect to any sole survivorship discharge granted after 
the date of the enactment of this Act. 
(c) SOLE SURVIVORSHIP DISCHARGE DEFINED.—In this section, 
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— 
(1) the father or mother or one or more siblings— 
(A) served in the Armed Forces; and 
(B) 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 
(2) the death, status, or disability did not result from 
the intentional misconduct or willful neglect of the parent or 
Applicability. 
5 USC 2108 note. 
26 USC 685 note. 
26 USC 685. 
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122 STAT. 3531 
PUBLIC LAW 110–317—AUG. 29, 2008 
LEGISLATIVE HISTORY—H.R. 6580: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
July 29, considered and passed House. 
Aug. 1, considered and passed Senate. 
sibling and was not incurred during a period of unauthorized 
absence. 
Approved August 29, 2008. 
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122 STAT. 3532 
PUBLIC LAW 110–318—SEPT. 15, 2008 
LEGISLATIVE HISTORY—H.R. 6532: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
July 23, considered and passed House. 
Sept. 10, considered and passed Senate, amended. 
Sept. 11, House concurred in Senate amendment. 
An Act 
To amend the Internal Revenue Code of 1986 to restore the Highway Trust Fund 
balance. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. RESTORATION OF HIGHWAY TRUST FUND BALANCE. 
(a) IN GENERAL.—Subsection (f) of section 9503 of the Internal 
Revenue Code of 1986 (relating to determination of trust fund 
balances after September 30, 1998) is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and by moving such subpara-
graphs 2 ems to the right, 
(2) by striking ‘‘For purposes’’ and inserting the following: 
‘‘(1) IN GENERAL.—For purposes’’, 
(3) by moving the flush sentence at the end of paragraph 
(1), as so amended, 2 ems to the right, and 
(4) by adding at the end the following new paragraph: 
‘‘(2) RESTORATION OF FUND BALANCE.—Out of money in 
the Treasury not otherwise appropriated, there is hereby appro-
priated to the Highway Trust Fund $8,017,000,000.’’. 
(b) CONFORMING AMENDMENT.—The last sentence of section 
9503(f)(1) of the Internal Revenue Code of 1986, as amended by 
subsection (a), is amended by striking ‘‘subsection’’ and inserting 
‘‘paragraph’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act. 
Approved September 15, 2008. 
26 USC 9503 
note. 
Appropriation 
authorization. 
26 USC 9503. 
Sept. 15, 2008 
[H.R. 6532] 
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