§ 327. Incentive bonus: transfer between armed forces

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI · 119 Stat. 3136

   Enacted · 37 U.S.C. § 327

   Added and amended Pub. L. 109–163, div. A, title VI, §§ 641(a), 687(b)(35), Jan. 6, 2006, 119 Stat. 3304, 3333

   Source evidence

   Code source credit
   Added and amended Pub. L. 109–163, div. A, title VI, §§ 641(a), 687(b)(35), Jan. 6, 2006, 119 Stat. 3304, 3333

   Enacted provision · exact public law
   TITLE VI— COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A— Pay and Allowances Sec. 601.  Increase in basic pay for fiscal year 2006. Sec. 602.  Additional pay for permanent military professors at United States Naval Academy with over 36 years of service. Sec. 603.  Basic pay rates for reserve component members selected to attend military service academy preparatory schools. Sec. 604.  Clarification of restriction on compensation for correspondence courses. Sec. 605.  Enhanced authority for agency contributions for members of the Armed Forces participating in the Thrift Savings Plan. Sec. 606.  Pilot program on contributions to Thrift Savings Plan for initial enlistees in the Army. Sec. 607.  Prohibition against requiring certain injured members to pay for meals provided by military treatment facilities. Sec. 608.  Permanent authority for supplemental subsistence allowance for low-income members with dependents. Sec. 609.  Increase in basic allowance for housing and extension of temporary lodging expenses authority for areas subject to major disaster declaration or for installations experiencing sudden increase in personnel levels. Sec. 610.  Basic allowance for housing for reserve component members. Sec. 611.  Permanent increase in length of time dependents of certain deceased members may continue to occupy military family housing or receive basic allowance for housing. Sec. 612.  Overseas cost of living allowance. Sec. 613.  Allowance to cover portion of monthly deduction from basic pay for Servicemembers’ Group Life Insurance coverage for members serving in Operation Enduring Freedom or Operation Iraqi Freedom. Sec. 614.  Income replacement payments for Reserves experiencing extended and frequent mobilization for active duty service. Subtitle B— Bonuses and Special and Incentive Pays Sec. 621.  Extension or resumption of certain bonus and special pay authorities for reserve forces. Sec. 622.  Extension of certain bonus and special pay authorities for certain health care professionals. Sec. 623.  Extension of special pay and bonus authorities for nuclear officers. Sec. 624.  Extension of other bonus and special pay authorities. Sec. 625.  Eligibility of oral and maxillofacial surgeons for incentive special pay. Sec. 626.  Eligibility of dental officers for additional special pay. Sec. 627.  Increase in maximum monthly rate authorized for hardship duty pay. Sec. 628.  Flexible payment of assignment incentive pay. Sec. 629.  Active-duty reenlistment bonus. Sec. 630.  Reenlistment bonus for members of the Selected Reserve. Sec. 631.  Consolidation and modification of bonuses for affiliation or enlistment in the Selected Reserve. Sec. 632.  Expansion and enhancement of special pay for enlisted members of the Selected Reserve assigned to certain high priority units. Sec. 633.  Eligibility requirements for prior service enlistment bonus. Sec. 634.  Increase and enhancement of affiliation bonus for officers of the Selected Reserve. Sec. 635.  Increase in authorized maximum amount of enlistment bonus. Sec. 636.  Discretion of Secretary of Defense to authorize retroactive hostile fire and imminent danger pay. Sec. 637.  Increase in maximum bonus amount for nuclear-qualified officers extending period of active duty. Sec. 638.  Increase in maximum amount of nuclear career annual incentive bonus for nuclear-qualified officers trained while serving as enlisted members. Sec. 639.  Uniform payment of foreign language proficiency pay to eligible reserve component members and regular component members. Sec. 640.  Retention bonus for members qualified in certain critical skills or assigned to high priority units. Sec. 641.  Incentive bonus for transfer between Armed Forces. Sec. 642.  Availability of special pay for members during rehabilitation from wounds, injuries, and illnesses incurred in a combat operation or combat zone. Sec. 643.  Pay and benefits to facilitate voluntary separation of targeted members of the Armed Forces. Sec. 644.  Ratification of payment of critical-skills accession bonus for persons enrolled in Senior Reserve Officers’ Training Corps obtaining nursing degrees. Sec. 645.  Temporary authority to pay bonus to encourage members of the Army to refer other persons for enlistment in the Army. Subtitle C— Travel and Transportation Allowances Sec. 651.  Authorized absences of members for which lodging expenses at temporary duty location may be paid. Sec. 652.  Extended period for selection of home for travel and transportation allowances for dependents of deceased members. Sec. 653.  Transportation of family members in connection with the repatriation of members held captive. Sec. 654.  Increased weight allowances for shipment of household goods of senior noncommissioned officers. Sec. 655.  Permanent authority to provide travel and transportation allowances for family members to visit hospitalized members of the Armed Forces injured in combat operation or combat zone. Subtitle D— Retired Pay and Survivor Benefits Sec. 661.  Monthly disbursement to States of State income tax withheld from retired or retainer pay. Sec. 662.  Denial of certain burial-related benefits for individuals who committed a capital offense. Sec. 663.  Concurrent receipt of veterans’ disability compensation and military retired pay. Sec. 664.  Additional amounts of death gratuity for survivors of certain members of the Armed Forces dying on active duty. Sec. 665.  Child support for certain minor children of retirement-eligible members convicted of domestic violence resulting in death of child’s other parent. Sec. 666.  Comptroller General report on actuarial soundness of the Survivor Benefit Plan. Subtitle E— Commissary and Nonappropriated Fund Instrumentality Benefits Sec. 671.  Increase in authorized level of supplies and services procurement from overseas exchange stores. Sec. 672.  Requirements for private operation of commissary store functions. Sec. 673.  Provision of and payment for overseas transportation services for commissary and exchange supplies and products. Sec. 674.  Compensatory time off for certain nonappropriated fund employees. Sec. 675.  Rest and recuperation leave programs. Subtitle F— Other Matters Sec. 681.  Temporary Army authority to provide additional recruitment incentives. Sec. 682.  Clarification of leave accrual for members assigned to a deployable ship or mobile unit or other duty. Sec. 683.  Expansion of authority to remit or cancel indebtedness of members of the Armed Forces incurred on active duty. Sec. 684.  Loan repayment program for chaplains in the Selected Reserve. Sec. 685.  Inclusion of Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff among senior enlisted members of the Armed Forces. Sec. 686.  Special and incentive pays considered for saved pay upon appointment of members as officers. Sec. 687.  Repayment of unearned portion of bonuses, special pays, and educational benefits. Sec. 688.  Rights of members of the Armed Forces and their dependents under Housing and Urban Development Act of 1968. Sec. 689.  Extension of eligibility for SSI for certain individuals in families that include members of the Reserve and National Guard. Sec. 690.  Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act. Subtitle A— Pay and Allowances SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006. (a) Waiver of Section 1009 Adjustment.— The adjustment to become effective during fiscal year 2006 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. (b) Increase in Basic Pay.— Effective on January 1, 2006, the rates of monthly basic pay for members of the uniformed services are increased by 3.1 percent. SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY PROFESSORS AT UNITED STATES NAVAL ACADEMY WITH OVER 36 YEARS OF SERVICE.   Section 203(b) of title 37, United States Code, is amended by inserting after “Military Academy” the following: “, the United States Naval Academy,”. SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT MEMBERS SELECTED TO ATTEND MILITARY SERVICE ACADEMY PREPARATORY SCHOOLS.   Section 203(e)(2) of title 37, United States Code, is amended— (1) by striking “on active duty for a period of more than 30 days shall continue to receive” and inserting “shall receive”; and (2) by inserting before the period at the end the following: “or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater”. SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR CORRESPONDENCE COURSES.   Section 206(d)(1) of title 37, United States Code, is amended by inserting after “reserve component” the following: “or by a member of the National Guard while not in Federal service”. SEC. 605. ENHANCED AUTHORITY FOR AGENCY CONTRIBUTIONS FOR MEMBERS OF THE ARMED FORCES PARTICIPATING IN THE THRIFT SAVINGS PLAN. (a) Authority to Make Contributions for Certain First-Time Enlistees.— Subsection (d) of section 211 of title 37, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting “(i)” after “(A)”; (B) by redesignating subparagraph (B) as clause (ii) of subparagraph (A) and, in such clause, by striking the period at the end and inserting “; or”; and (C) by adding at the end the following new subparagraph (B): “(B) is enlisting in the armed forces for the first time and the period of the member’s enlistment is not less than two years.” ; (2) in paragraph (2), by striking “paragraph (1)” the first place it appears and inserting “paragraph (1)(A)”; (3) by designating the second sentence of paragraph (2) as paragraph (4) and, in such paragraph, by striking “this paragraph” and inserting “this subsection”; and (4) by inserting before such paragraph (4) the following new paragraph: “(3) In the case of a member described by paragraph (1)(B), the Secretary shall make contributions to the Fund for the benefit of the member for each pay period of the enlistment of the member described in that paragraph for which the member makes a contribution to the Fund under section 8440e of title 5 (other than under subsection (d)(2) thereof).” . (b) Clerical Amendment.— Such subsection is further amended by inserting “and First-Time Enlistees” after “Specialties”. SEC. 606. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS PLAN FOR INITIAL ENLISTEES IN THE ARMY. (a) Pilot Program Required.— During fiscal year 2006, the Secretary of the Army shall use the authority provided by section 211(d)(1)(B) of title 10, United States Code, as amended by section 605, to carry out within the Army a pilot program in order to assess the extent to which contributions by the Secretary to the Thrift Savings Fund on behalf of members of the Army described in subsection (b) would— (1) assist the Army in recruiting efforts; and (2) assist such members in establishing habits of financial responsibility during their initial enlistment in the Armed Forces. (b) Covered Members.— To be eligible to participate in the pilot program under subsection (a), a member of the Army must be serving under an initial enlistment for a period of not less than two years. (c) Contributions to Thrift Savings Fund.— (1) In general.— The Secretary of the Army may make contributions to the Thrift Savings Fund on behalf of any participant in the pilot program under subsection (a) for any pay period during the period of the pilot program. (2) Limitations.— The amount of any contributions made with respect to a member under paragraph (1) shall be subject to the provisions of section 8432(c) of title 5, United States Code. (d) Report.— (1) In general.— Not later than February 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program under subsection (a). (2) Elements.— The report shall include the following: (A) A description of the pilot program, including the number of members of the Army who participated in the pilot program and the contributions made by the Army to the Thrift Savings Fund on behalf of such members during the period of the pilot program. (B) An assessment, based on the pilot program and taking into account the views of officers and senior enlisted personnel of the Army, and of field recruiters, of the extent to which contributions by the military departments to the Thrift Savings Fund on behalf of members of the Armed Forces similar to the participants in the pilot program— (i) would enhance the recruiting efforts of the Armed Forces; and (ii) would assist such members in establishing habits of financial responsibility during their initial enlistment in the Armed Forces. SEC. 607. PROHIBITION AGAINST REQUIRING CERTAIN INJURED MEMBERS TO PAY FOR MEALS PROVIDED BY MILITARY TREATMENT FACILITIES. (a) Temporary Prohibition.— Section 402 of title 37, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: “(h) No Payment for Meals Received at Military Treatment Facilities.— (1) A member of the armed forces who is undergoing medical recuperation or therapy, or is otherwise in the status of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease described in paragraph (2) shall not be required to pay any charge for meals provided to the member by the military treatment facility during any month covered by paragraph (3) in which the member is entitled to a basic allowance for subsistence under this section. “(2) Paragraph (1) applies with respect to an injury, illness, or disease incurred or aggravated by a member while the member was serving on active duty— “(A) in support of Operation Iraqi Freedom or Operation Enduring Freedom; or “(B) in any other operation designated by the Secretary of Defense as a combat operation or in an area designated by the Secretary as a combat zone. “(3) Effective date. This subsection shall apply to months beginning during the period beginning on October 1, 2005, and ending on December 31, 2006.” . (b) Repeal of Temporary Authority.— Section 1023 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Ante, p. 251. Law 109–13), is repealed. SEC. 608. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE ALLOWANCE FOR LOW-INCOME MEMBERS WITH DEPENDENTS. (a) Repeal of Termination Provision.— Section 402a of title 37, United States Code, is amended by striking subsection (i). (b) Technical and Conforming Amendments.— Subsection (f) of such section is amended— (1) in the first sentence, by striking “Secretary of Transportation” and inserting “Secretary of Homeland Security, with respect to the Coast Guard”; and (2) by striking the second sentence. SEC. 609. INCREASE IN BASIC ALLOWANCE FOR HOUSING AND EXTENSION OF TEMPORARY LODGING EXPENSES AUTHORITY FOR AREAS SUBJECT TO MAJOR DISASTER DECLARATION OR FOR INSTALLATIONS EXPERIENCING SUDDEN INCREASE IN PERSONNEL LEVELS. (a) Temporary Basic Allowance for Housing Increase Authorized.— Section 403(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(7) (A) Under the authority of this paragraph, the Secretary of Defense may prescribe a temporary increase in the rates of basic allowance for housing otherwise prescribed for a military housing area or a portion of a military housing area if the military housing area or portion thereof— “(i) is located in an area covered by a declaration by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) that a major disaster exists; or “(ii) contains one or more military installations that are experiencing a sudden increase in the number of members of the armed forces assigned to the installation. “(B) The Secretary of Defense shall base the amount of the increase to be made in the rates of basic allowance for housing for an area on a determination by the Secretary of the amount by which the costs of adequate housing for civilians have increased in the area by reason of the disaster or the influx of military personnel, except that the increase may not exceed the amount equal to 20 percent of the rate of basic allowance for housing otherwise prescribed for the area. “(C) A member may be paid a basic allowance for housing at a rate increased under this paragraph only if the member certifies to the Secretary concerned that the member has incurred increased housing costs in the area by reason of the disaster or the influx of military personnel. “(D) Subject to subparagraph (E), an increase in the rates of basic allowance for housing in an area under this paragraph shall remain in effect until the effective date of the first adjustment in rates of basic allowance for housing made for the area pursuant to a redetermination of housing costs in the area under this subsection that occurs after the date of the increase under this paragraph. “(E) An increase in the rates of basic allowance for housing for an area may not be prescribed under this paragraph or continue after December 31, 2008.” . (b) Temporary Extension of Temporary Lodging Expenses Authority.— Section 404a(c) of such title is amended by adding at the end the following new paragraph: “(3) Whenever the conditions described in clause (i) or (ii) of subparagraph (A) of section 403(b)(7) of this title exist for a military housing area or portion thereof, the Secretary concerned may increase the period for which subsistence expenses are to be paid or reimbursed under this section in the case of a change of permanent station described in subparagraph (A) or (C) of subsection (a)(2) in the same military housing area or portion thereof to a maximum of 20 days.” . (c) Effective Date.— The 37 USC 403 note. amendments made by this section shall apply with respect to months beginning on or after September 1, 2005. SEC. 610. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS. (a) Equal Treatment of Reserve Members.— Subsection (g) of section 403 of title 37, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); (2) by inserting after paragraph (2) the following new paragraph (3): “(3) The rate of basic allowance for housing to be paid to the following members of a reserve component shall be equal to the rate in effect for similarly situated members of a regular component of the uniformed services: “(A) A member who is called or ordered to active duty for a period of more than 30 days. “(B) A member who is called or ordered to active duty for a period of 30 days or less in support of a contingency operation.” ; and (3) in paragraph (4), as so redesignated, by striking “less than 140 days” and inserting “30 days or less”. (b) Conforming Amendment Regarding Members Without Dependents.— Paragraph (1) of such subsection is amended by inserting “or for a period of more than 30 days” after “in support of a contingency operation” both places it appears. SEC. 611. PERMANENT INCREASE IN LENGTH OF TIME DEPENDENTS OF CERTAIN DECEASED MEMBERS MAY CONTINUE TO OCCUPY MILITARY FAMILY HOUSING OR RECEIVE BASIC ALLOWANCE FOR HOUSING.   Effective immediately after the termination, pursuant to subsection (b) of section 1022 of Public Law 109–13 (119 Stat. 251) and section 124 of Public Law 109–77 (119 Stat. 2041), of the amendments made by subsection (a) of such section 1022, section 403(l) of title 37, United States Code, is amended by striking “180 days” each place it appears and inserting “365 days”. SEC. 612. OVERSEAS COST OF LIVING ALLOWANCE. (a) Payment of Allowance Based on Overseas Location of Dependents.— Section 405 of title 37, United States Code, is amended by adding at the end the following new subsection: “(e) Payment of Allowance Based on Overseas Location of Dependents.— In the case of a member assigned to duty inside the continental United States whose dependents continue to reside outside the continental United States, the Secretary concerned may pay the member a per diem under this section based on the location of the dependents and provide reimbursement under subsection (d) for an unusual or extraordinary expense incurred by the dependents if the Secretary determines that such payment or reimbursement is in the best interest of the member or the member’s dependents and in the best interest of the United States.” . (b) Clarification of Expenses Eligible for Lump-Sum Reimbursement.— Subsection (d) of such section is amended— (1) in the subsection heading, by striking “Nonrecurring” and inserting “Unusual or Extraordinary”; (2) by inserting “or (e)” after “subsection (a)” each place it appears; and (3) in paragraph (1)— (A) by striking “a nonrecurring” and inserting “an unusual or extraordinary” in the matter preceding subparagraph (A); and (B) in subparagraph (A), by inserting “or the location of the member’s dependents” before the semicolon. SEC. 613. ALLOWANCE TO COVER PORTION OF MONTHLY DEDUCTION FROM BASIC PAY FOR SERVICEMEMBERS’ GROUP LIFE INSURANCE COVERAGE FOR MEMBERS SERVING IN OPERATION ENDURING FREEDOM OR OPERATION IRAQI FREEDOM. (a) Allowance to Cover SGLI Deductions.— Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section: “§ 437. Allowance to cover portion of monthly premium for Servicemembers’ Group Life Insurance: members serving in Operation Enduring Freedom or Operation Iraqi Freedom “(a) Required Reimbursement for Premium Deduction.— (1) In the case of a member of the armed forces who has insurance coverage for the member under the Servicemembers’ Group Life Insurance program under subchapter III of chapter 19 of title 38 and who serves in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom at any time during a month, the Secretary concerned shall pay the member an allowance under this section for that month in an amount equal to the amount of the deduction made under subsection (a)(1) of section 1969 of such title for the first $150,000 of Servicemembers’ Group Life Insurance coverage held by the member under section 1967 of such title. “(2) If a member described in paragraph (1) elected to be insured in an amount less than the coverage amount specified in paragraph (1) or in effect pursuant to subsection (b), the amount of the allowance under this section for a month shall be equal to the amount of the deduction made for that month under subsection (a)(1) of section 1969 of title 38 from the basic pay of the member for the amount of Servicemembers’ Group Life Insurance coverage actually held by the member under section 1967 of such title. “(b) Authority to Increase Maximum Reimbursement Amount.— For purposes of subsection (a), the Secretary of Defense is authorized to increase the coverage amount specified in paragraph (1) of such subsection to permit the reimbursement of all or an additional amount of the deduction made under section 1969(a)(1) of title 38 for levels of coverage in excess of $150,000 for members under the Servicemembers’ Group Life Insurance program. “(c) Notice of Availability of Allowance.— To the maximum extent practicable, in advance of the deployment of a member to a theater of operations referred to in subsection (a), the Secretary concerned shall give the member information regarding the following: “(1) The availability of the allowance under this section for members insured under the Servicemembers’ Group Life Insurance program. “(2) The ability of members who elected not to be insured under Servicemembers’ Group Life Insurance, or elected less than the coverage amount specified in subsection (a)(1) or in effect pursuant to subsection (b), to obtain insurance, or to obtain additional coverage, as the case may be, under the authority provided in section 1967(c) of title 38.” . (b) Clerical Amendment.— The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by adding at the end the following new item: “437.  Allowance to cover portion of monthly premium for Servicemembers’ Group Life Insurance: members serving in Operation Enduring Freedom or Operation Iraqi Freedom.”. (c) Effective Date; Notification.— Section 437 of 37 USC 437 note. title 37, United States Code, as added by subsection (a), shall apply with respect to service by members of the Armed Forces in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after the date of the enactment of this Act. In the case of members who are serving in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom as of such date, the Secretary of Defense shall provide such members, as soon as practicable, the information specified in subsection (c) of that section. SEC. 614. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE. (a) In General.— Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section: “§ 910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service “(a) Payment Required.— The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary. The payments shall be made on a monthly basis. “(b) Eligibility.— Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member, while on active duty under an involuntary mobilization order, following the date on which the member— “(1) completes 18 continuous months of service on active duty under such an order; “(2) completes 24 months on active duty during the previous 60 months under such an order; or “(3) is involuntarily mobilized for service on active duty for a period of 180 days or more within six months or less following the member’s separation from a previous period of involuntary active duty for a period of 180 days or more. “(c) Minimum and Maximum Payment Amounts.— (1) A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50. “(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to a member under this section may not exceed $3,000. “(d) Monthly Active-Duty Income Differential.— For purposes of this section, the monthly active-duty income differential of a member is the difference between— “(1) the average monthly civilian income of the member; and “(2) the member’s total monthly military compensation. “(e) Definitions.— In this section: “(1) The term ‘average monthly civilian income’, with respect to a member of a reserve component, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member’s mobilization or the 12 months covered by the member’s most recent Federal income tax filing, divided by 12. “(2) The term ‘total monthly military compensation’ means the amount, computed on a monthly basis, of the sum of— “(A) the amount of the regular military compensation (RMC) of the member; and “(B) any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis. “(f) Regulations.— This section shall be administered under regulations to be prescribed by the Secretary of Defense. “(g) Termination of Authority.— No payment shall be made under this section after December 31, 2008.” . (b) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “910.  Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service.”. (c) Effective Date.— Section 910 of 37 USC 910 note. title 37, United States Code, as added by subsection (a), may apply only with respect to months beginning after the end of the 180-day period beginning on the date of the enactment of this Act . Subtitle B— Bonuses and Special and Incentive Pays SEC. 621. EXTENSION OR RESUMPTION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES. (a) Selected Reserve Reenlistment Bonus.— Section 308b(g) of title 37, United States Code, is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (b) Special Pay for Enlisted Members Assigned to Certain High Priority Units.— Section 308d(c) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (c) Ready Reserve Enlistment Bonus for Persons Without Prior Service.— Section 308g(h) of such title is amended by striking “an enlistment after September 30, 1992” and inserting “an enlistment— “(1) during the period beginning on October 1, 1992, and ending on September 30, 2005; or “(2) after December 31, 2006.” . (d) Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service.— Section 308h(g) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (e) Selected Reserve Enlistment Bonus for Persons With Prior Service.— Section 308i(f) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. SEC. 622. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS. (a) Nurse Officer Candidate Accession Program.— Section 2130a(a)(1) of title 10, United States Code, is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (b) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve.— Section 16302(d) of such title is amended by striking “January 1, 2006” and inserting “January 1, 2007”. (c) Accession Bonus for Registered Nurses.— Section 302d(a)(1) of title 37, United States Code, is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (d) Incentive Special Pay for Nurse Anesthetists.— Section 302e(a)(1) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (e) Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties.— Section 302g(f) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (f) Accession Bonus for Dental Officers.— Section 302h(a)(1) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (g) Accession Bonus for Pharmacy Officers.— Section 302j(a) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. SEC. 623. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS. (a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of title 37, United States Code, is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (b) Nuclear Career Accession Bonus.— Section 312b(c) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (c) Nuclear Career Annual Incentive Bonus.— Section 312c(d) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. SEC. 624. EXTENSION OF OTHER BONUS AND SPECIAL PAY AUTHORITIES. (a) Aviation Officer Retention Bonus.— Section 301b(a) of title 37, United States Code, is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (b) Assignment Incentive Pay.— Section 307a(f) of such title is amended by striking “December 31, 2006” and inserting “December 31, 2007”. (c) Reenlistment Bonus for Active Members.— Section 308(g) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (d) Enlistment Bonus for Active Members.— Section 309(e) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (e) Retention Bonus for Members With Critical Military Skills.— Section 323(i) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. (f) Accession Bonus for New Officers in Critical Skills.— Section 324(g) of such title is amended by striking “December 31, 2005” and inserting “December 31, 2006”. SEC. 625. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR INCENTIVE SPECIAL PAY. (a) Eligibility.— Subsection (a) of section 302b of title 37, United States Code, is amended— (1) in the subsection heading, by striking “and Board Certification” and inserting “Board Certification, and Incentive”; and (2) by adding at the end the following new paragraph: “(6) An officer described in paragraph (1) who is an oral or maxillofacial surgeon may be paid incentive special pay at the same rates, and subject to the same terms and conditions, as incentive special pay available for medical officers under section 302(b) of this title.” . (b) Conforming Amendments.— Such section is further amended in subsections (b) and (d) by striking “subsection (a)(4)” each place it appears and inserting “paragraph (4) or (6) of subsection (a)”. SEC. 626. ELIGIBILITY OF DENTAL OFFICERS FOR ADDITIONAL SPECIAL PAY.   Section 302b(a)(4) of title 37, United States Code, is amended in the first sentence— (1) by inserting “also” before “is entitled”; and (2) by inserting “initial” before “residency”. SEC. 627. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR HARDSHIP DUTY PAY.   Section 305(a) of title 37, United States Code, is amended by striking “$300” and inserting “$750”. SEC. 628. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY. (a) Authority to Provide Lump Sum or Installment Payments.— Section 307a of title 37, United States Code, is amended— (1) in subsection (a)— (A) by striking “monthly”; and (B) by adding at the end the following new sentence: “Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.”; and (2) in subsection (b)— (A) by inserting “(1)” before “The Secretary concerned”; (B) in paragraph (1), as so designated, by striking “incentive pay” in the first sentence and inserting “the payment of incentive pay on a monthly basis”; and (C) by adding at the end the following new paragraph: “(2) Contracts. The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.” . (b) Maximum Rate or Amount.— Subsection (c) of such section is amended to read as follows: “(c) Maximum Rate or Amount.— (1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000. “(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of— “(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and “(B) the number of months in the period for which incentive pay will be paid pursuant to the agreement. “(3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to— “(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by “(B) the number of installments over such period. “(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.” . (c) Repayment.— Such section is further amended— (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c), as amended by subsection (b) of this section, the following new subsection (d): “(d) Repayment of Incentive Pay.— (1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions and circumstances warrant. “(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).” . SEC. 629. ACTIVE-DUTY REENLISTMENT BONUS. (a) Eligibility of Senior Enlisted Members.— Subsection (a) of section 308 of title 37, United States Code, is amended— (1) in paragraph (1)(A), by striking “16 years of active duty” and inserting “20 years of active duty”; and (2) in paragraph (3), by striking “18 years” and inserting “24 years”. (b) Increase in Authorized Maximum Amount of Bonus.— Paragraph (2)(B) of such subsection is amended by striking “$60,000” and inserting “$90,000”. (c) Repeal of Reference to Obsolete Special Pay.— Paragraph (1) of such subsection is amended— (1) by inserting “and” at the end of subparagraph (B); (2) by striking subparagraph (C); and (3) by redesignating subparagraph (D) as subparagraph (C). (d) Repeal of Obsolete Special Pay.— (1) Repeal.— Section 312a of title 37, United States Code, is repealed. (2) Clerical amendment.— The table of sections at the beginning of chapter 5 of 37 USC prec. 301. such title is amended by striking the item relating to section 312a. SEC. 630. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE. (a) Eligibility of Senior Enlisted Members.— Subsection (a)(1) of section 308b of title 37, United States Code, is amended by striking “16 years of total military service” and inserting “20 years of total military service”. (b) Computation of Bonus Amount.— Subsection (b) of such section is amended by adding at the end the following new paragraph: “(3) Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of the member at the time of discharge or release, exceeds 24 years may not be used in computing the total bonus amount under paragraph (1).” . SEC. 631. CONSOLIDATION AND MODIFICATION OF BONUSES FOR AFFILIATION OR ENLISTMENT IN THE SELECTED RESERVE. (a) Consolidation and Modification of Bonuses.— Section 308c of title 37, United States Code, is amended to read as follows: “§ 308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve “(a) Affiliation Bonus Authorized.— The Secretary concerned may pay an affiliation bonus to an enlisted member of an armed force who— “(1) has completed fewer than 20 years of military service; and “(2) executes a written agreement to serve in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years in a skill, unit, or pay grade designated under subsection (b) after being discharged or released from active duty under honorable conditions. “(b) Designation of Skills, Units, and Pay Grades.— The Secretary concerned shall designate the skills, units, and pay grades for which an affiliation bonus may be paid under subsection (a). Any skill, unit, or pay grade so designated shall be a skill, unit, or pay grade for which there is a critical need for personnel in the Selected Reserve of the Ready Reserve of an armed force, as determined by the Secretary concerned. The Secretary concerned shall establish other requirements to ensure that members accepted for affiliation meet required performance and discipline standards. “(c) Accession Bonus Authorized.— The Secretary concerned may pay an accession bonus to a person who— “(1) has not previously served in the armed forces; and “(2) executes a written agreement to serve as an enlisted member in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years upon acceptance of the agreement by the Secretary concerned. “(d) Limitation on Amount of Bonus.— The amount of a bonus under subsection (a) or (c) may not exceed $20,000. “(e) Payment Method.— Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus shall be paid by the Secretary concerned in a lump sum or in installments. “(f) Continued Entitlement to Bonus Payments.— A member entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty. “(g) Repayment.— (1) A person who enters into an agreement under subsection (a) or (c) and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, shall repay to the United States the amount of the bonus so paid, except as otherwise prescribed under paragraph (2). “(2) The Regulations. Secretary concerned shall prescribe in regulations whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under which an exception to required repayment would apply. “(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) or (c) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1). “(h) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary of Defense and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy. “(i) Termination of Bonus Authority.— No bonus may be paid under this section with respect to any agreement entered into under subsection (a) or (c) after December 31, 2006.” . (b) Repeal of Superseded Affiliation Bonus Authority.— Section 308e of such title is repealed. (c) Clerical Amendments.— The table of sections at the beginning of chapter 5 of 37 USC prec. 301. such title is amended— (1) by striking the item relating to section 308c and inserting the following new item: “308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.”; and (2) by striking the item relating to section 308e. SEC. 632. EXPANSION AND ENHANCEMENT OF SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIORITY UNITS. (a) Eligibility for Pay.— Subsection (a) of section 308d of title 37, United States Code, is amended by striking “an enlisted member” and inserting “a member”. (b) Amount of Pay.— Such subsection is further amended by striking “$10” and inserting “$50”. (c) Conforming and Clerical Amendments.— (1) Conforming amendment.— The heading of such section is amended to read as follows: “§ 308d. Special pay: members of the Selected Reserve assigned to certain high priority units” . (2) Clerical amendment.— The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 308d and inserting the following new item: “308d. Special pay: members of the Selected Reserve assigned to certain high priority units.”. SEC. 633. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE ENLISTMENT BONUS.   Section 308i(a)(2) of title 37, United States Code, is amended— (1) by striking subparagraph (A) and inserting the following new subparagraph: “(A) The person has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service.” ; and (2) by striking subparagraph (D). SEC. 634. INCREASE AND ENHANCEMENT OF AFFILIATION BONUS FOR OFFICERS OF THE SELECTED RESERVE. (a) Repeal of Prohibition on Eligibility for Prior Reserve Service.— Subsection (a)(2) of section 308j of title 37, United States Code, is amended— (1) in subparagraph (A), by adding “and” at the end; (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). (b) Increase in Maximum Amount.— Subsection (d) of such section is amended by striking “$6,000” and inserting “$10,000”. (c) Conforming and Clerical Amendments.— (1) Conforming amendment.— The heading of such section is amended to read as follows: “§ 308j. Special pay: affiliation bonus for officers in the Selected Reserve” . (2) Clerical amendment.— The table of sections at the beginning of chapter 5 of such 37 USC prec. 301. title is amended by striking the item relating to section 308j and inserting the following new item: “308j. Special pay: affiliation bonus for officers in the Selected Reserve.”. SEC. 635. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLISTMENT BONUS.   Section 309(a) of title 37, United States Code, is amended by striking “$20,000” and inserting “$40,000”. SEC. 636. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER PAY.   Section 310(c) of title 37, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following new paragraph (1): “(1) In the case of an area described in subparagraph (B) or (D) of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area will qualify members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Secretary makes the designation. If the commencement date for such a period is a date occurring before the date on which the Secretary makes the designation, the payment of special pay under this section for the period between the commencement date and the date on which the Secretary makes the designation shall be subject to the availability of appropriated funds for that purpose.” . SEC. 637. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.   Section 312(a) of title 37, United States Code, is amended by striking “$25,000” and inserting “$30,000”. SEC. 638. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER ANNUAL INCENTIVE BONUS FOR NUCLEAR-QUALIFIED OFFICERS TRAINED WHILE SERVING AS ENLISTED MEMBERS.   Section 312c(b)(1) of title 37, United States Code, is amended by striking “$10,000” and inserting “$14,000”. SEC. 639. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY PAY TO ELIGIBLE RESERVE COMPONENT MEMBERS AND REGULAR COMPONENT MEMBERS. (a) Availability of Bonus in Lieu of Monthly Special Pay.— Subsection (a) of section 316 of title 37, United States Code, is amended— (1) by striking “Special Pay” and inserting “Bonus”; (2) by striking “monthly special pay” and inserting “a bonus”; and (3) by striking “is entitled to basic pay under section 204 of this title and who”. (b) Payment of Bonus.— Such section is further amended— (1) by striking subsections (b), (d), (e), and (g); (2) by redesignating subsections (f) and (h) as subsections (d) and (f), respectively; and (3) by inserting after subsection (a) the following new subsection (b): “(b) Bonus Amount; Time for Payment.— A bonus under subsection (a) may not exceed $12,000 per one-year certification period under subsection (c). The Secretary concerned may pay the bonus in a single lump sum at the beginning of the certification period or in installments during the certification period. The bonus is in addition to any other pay or allowance payable to a member under any other provision of law.” . (c) Repayment.— Such section is further amended by inserting after subsection (d), as redesignated by subsection (b)(2) of this section, the following new subsection (e): “(e) Repayment.— (1) A member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, shall repay to the United States the amount of the bonus so paid, except as otherwise prescribed under paragraph (2). “(2) The Regulations. Secretary concerned shall prescribe in regulations whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under which an exception to required repayment would apply. “(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the date on which the member received the bonus does not discharge the member from a debt arising under paragraph (1).” . (d) Conforming Amendments.— Such section is further amended— (1) in subsection (c)— (A) by striking “special pay or” both places it appears; and (B) by striking “or (b)”; (2) in subsection (d), as redesignated by subsection (b)(2) of this section— (A) in paragraph (1)— (i) by striking “monthly special pay or” in the matter preceding subparagraph (A); and (ii) in subparagraph (C), by striking “for receipt” and all that follows through the period at the end and inserting “under subsection (a).”; (B) in paragraph (2), by striking “For purposes” and all that follows through “the Secretary concerned” and inserting “The Secretary concerned”; (C) in paragraph (3)— (i) by striking “special pay or” both places it appears; and (ii) by striking “subsection (h)” and inserting “subsection (f)”; and (D) in paragraph (4), by striking “subsection (g)” and inserting “section 303a(e) of this title”. (e) Clerical Amendments.— (1) Section heading.— The heading of such section is amended to read as follows: “§ 316. Special pay: bonus for members with foreign language proficiency” . (2) Table of sections.— The table of sections at the beginning of chapter 5 of 37 USC prec. 301. such title is amended by striking the item relating to section 316 and inserting the following new item: “316.  Special pay: bonus for members with foreign language proficiency.”. SEC. 640. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN CRITICAL SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS. (a) Availability of Bonus for Reserve Component Members.— Section 323 of title 37, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking “who is serving on active duty and” and inserting “who is serving on active duty in a regular component or in an active status in a reserve component and who”; (B) in paragraph (1), by inserting “or to remain in an active status in a reserve component for at least one year” before the semicolon; and (C) in paragraph (3), by inserting “or to remain in an active status in a reserve component for a period of at least one year” before the period; and (2) in subsection (e)(1), by inserting “or service in an active status in a reserve component” after “active duty” each place it appears. (b) Additional Criteria for Bonus.— Such section is further amended— (1) in subsection (a), by striking “designated critical military skill” and inserting “critical military skill designated under subsection (b) or accepts an assignment to a high priority unit designated under such subsection”; (2) in subsection (b)— (A) by striking “Designation of Critical Skills.—” and inserting “Eligibility Criteria.—(1)”; and (B) by adding at the end the following new paragraph: “(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may designate a unit as a high priority unit regarding which a retention bonus will be provided to a member of the armed forces who agrees to accept an assignment to the unit under subsection (a).” ; and (3) in subsection (h)(1), by striking “members qualified in the critical military skills for which the bonuses were offered” and inserting “members of the armed forces who were offered a bonus under this section”. (c) Maximum Amount of Bonus for Reserve Component Members.— Subsection (d)(1) of such section is amended by inserting after “$200,000” the following: “(or $100,000 in the case of a reserve component member)”. (d) Extended Eligibility Period for Certain Members.— Subsection (e) of such section is amended by striking paragraph (2) and inserting the following new paragraphs: “(2) The limitations in paragraph (1) do not apply with respect to an officer who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties as a health care professional. “(3) The limitations in paragraph (1) do not apply with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered— “(A) is qualified in a skill designated as critical under subsection (b)(1) related to special operations forces; or “(B) is qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.” . (e) Repayment Requirements.— Subsection (g)(1) of such section is amended by striking “If” and all that follows through “under this section,” and inserting “If a member paid a bonus under this section fails, during the period of service covered by the member’s agreement, reenlistment, or voluntary extension of enlistment under subsection (a), to remain qualified in the critical military skill or to satisfy the other eligibility criteria for which the bonus was paid,”. (f) Clerical Amendments.— (1) Section heading.— The heading of section 323 of such title is amended to read as follows: “§ 323. Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units” . (2) Table of sections.— The 37 USC prec. 301. table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 323 and inserting the following new item: “323.  Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units.”. SEC. 641. INCENTIVE BONUS FOR TRANSFER BETWEEN ARMED FORCES. (a) In General.— Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: “§ 327. Incentive bonus: transfer between armed forces “(a) Incentive Bonus Authorized.— A bonus under this section may be paid to an eligible member of a regular component or reserve component of an armed force who executes a written agreement— “(1) to transfer from such regular component or reserve component to a regular component or reserve component of another armed force; and “(2) to serve pursuant to such agreement for a period of not less than three years in the component to which transferred. “(b) Eligible Members.— A member is eligible to enter into an agreement under subsection (a) if, as of the date of the agreement, the member— “(1) has not failed to satisfactorily complete any term of enlistment in the armed forces; “(2) is eligible for reenlistment in the armed forces or, in the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and “(3) has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as the Secretary having jurisdiction over such armed force shall establish. “(c) Limitation.— A member may enter into an agreement under subsection (a) to transfer to a regular component or reserve component of another armed force only if the Secretary having jurisdiction over such armed force determines that there is shortage of trained and qualified personnel in such component. “(d) Amount and Payment of Bonus.— (1) A bonus under this section may not exceed $2,500. “(2) A bonus under this section shall be paid by the Secretary having jurisdiction of the armed force to which the member to be paid the bonus is transferring. “(3) A bonus under this section shall, at the election of the Secretary paying the bonus— “(A) be disbursed to the member in one lump sum when the transfer for which the bonus is paid is approved by the chief personnel officer of the armed force to which the member is transferring; or “(B) be paid to the member in annual installments in such amounts as may be determined by the Secretary paying the bonus. “(e) Relationship to Other Pay and Allowances.— A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. “(f) Repayment.— (1) A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid such member as the period which such member failed to serve bears to the total period for which the bonus was paid. “(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under paragraph (1). “(g) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense. “(h) Termination of Authority.— No agreement under this section may be entered into after December 31, 2006.” . (b) Clerical Amendment.— The table of sections at the beginning of chapter 5 of such 37 USC prec. 301. title is amended by adding at the end the following new item: “327.  Incentive bonus: transfer between armed forces.”. SEC. 642. AVAILABILITY OF SPECIAL PAY FOR MEMBERS DURING REHABILITATION FROM WOUNDS, INJURIES, AND ILLNESSES INCURRED IN A COMBAT OPERATION OR COMBAT ZONE. (a) Special Pay Authorized.— Chapter 5 of title 37, United States Code, is amended by inserting after section 327, as added by section 641, the following new section: “§ 328. Combat-related injury rehabilitation pay “(a) Special Pay Authorized.— The Secretary concerned may pay monthly special pay under this section to a member of the armed forces who, while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is evacuated from the theater of the combat operation or from the combat zone for medical treatment. “(b) Commencement of Payment.— Subject to subsection (c), the special pay authorized by subsection (a) may be paid to a member described in such subsection for any month beginning after the date on which the member was evacuated from the theater of the combat operation or the combat zone in which the member incurred the combat-related injury. “(c) Termination of Payments.— The payment of special pay to a member under subsection (a) shall terminate at the end of the first month during which any of the following occurs: “(1) The member is paid a benefit under the traumatic injury protection rider of the Servicemembers’ Group Life Insurance Program issued under section 1980A of title 38. “(2) The member receives notification of the eligibility of the member for a benefit under such traumatic injury protection rider and a period of 30 days expires after the date of such notification. “(3) The member is no longer hospitalized in a military treatment facility or a facility under the auspices of the military health care system. “(d) Amount of Special Pay.— The monthly amount of special pay paid to a member under this section shall be equal to $430, less any payment received by the member for the same month under section 310(b) of this title. “(e) Relationship to Other Pay and Allowances.— Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled or authorized to receive.” . (b) Continuation of Hostile Fire and Imminent Danger Pay During Hospitalization.— Section 310(b) of such title is amended— (1) by striking “A member covered by subsection (a)(2)(C)” and all that follows through “the injury or wound” and inserting “(1) A member described in paragraph (2)”; (2) by striking “so hospitalized” and inserting “hospitalized as described in such paragraph”; and (3) by adding at the end the following new paragraph: “(2) Paragraph (1) applies with respect to a member who— “(A) is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or “(B) while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the theater of the combat operation or the combat zone for the treatment of the wound, injury, or illness.” . (c) Clerical Amendment.— The table of sections at the beginning of chapter 5 of 37 USC prec. 301. such title is amended by inserting after the item relating to section 327, as added by section 641, the following new item: “328.  Combat-related injury rehabilitation pay.”. (d) Effective Date.— The 37 USC 328 note. Secretary of a military department may provide special pay under section 328 of title 37, United States Code, as added by subsection (a), for months beginning on or after the date of the enactment of this Act. A member of the Armed Forces who incurred a wound, injury, or illness under the circumstances described in subsection (a) of such section before the date of the enactment of this Act may receive such pay for such wound, injury, or illness for months beginning on or after that date so long as the member continues to satisfy the eligibility criteria specified in such section. SEC. 643. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION OF TARGETED MEMBERS OF THE ARMED FORCES. (a) Pay and Benefits Authorized.— (1) In general.— Chapter 59 of title 10, United States Code, is amended by inserting after section 1175 the following new section: “§ 1175a. Voluntary separation pay and benefits “(a) In General.— Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible members of the armed forces who are voluntarily separated from active duty in the armed forces. “(b) Eligible Members.— (1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member— “(A) has served on active duty for more than 6 years but not more than 20 years; “(B) has served at least 5 years of continuous active duty immediately preceding the date of the member’s separation from active duty; “(C) has not been approved for payment of a voluntary separation incentive under section 1175 of this title; “(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to— “(i) years of service, skill, rating, military specialty, or competitive category; “(ii) grade or rank; “(iii) remaining period of obligated service; or “(iv) any combination of these factors; and “(E) requests separation from active duty. “(2) The following members are not eligible for voluntary separation pay and benefits under this section: “(A) Members discharged with disability severance pay under section 1212 of this title. “(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title. “(C) Members being evaluated for disability retirement under chapter 61 of this title. “(D) Members who have been previously discharged with voluntary separation pay. “(E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations. “(3) The Secretary concerned shall determine each year the number of members to be separated, and provided separation pay and benefits, under this section during the fiscal year beginning in such year. “(c) Separation.— Each eligible member of the armed forces whose request for separation from active duty under subsection (b)(1)(E) is approved shall be separated from active duty. “(d) Additional Service in Ready Reserve.— Of the number of members of the armed forces to be separated from active duty in a fiscal year, as determined under subsection (b)(3), the Secretary concerned shall determine a number of such members, in such skill and grade combinations as the Secretary concerned shall designate, who shall serve in the Ready Reserve, after separation from active duty, for a period of not less than three years, as a condition of the receipt of voluntary separation pay and benefits under this section. “(e) Separation Pay and Benefits.— (1) A member of the armed forces who is separated from active duty under subsection (c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned pursuant to subsection (f). “(2) A member who is not entitled to retired or retainer pay upon separation shall be entitled to the benefits and services provided under— “(A) chapter 58 of this title during the 180-day period beginning on the date the member is separated (notwithstanding any termination date for such benefits and services otherwise applicable under the provisions of such chapter); and “(B) sections 404 and 406 of title 37. “(f) Computation of Voluntary Separation Pay.— The Secretary concerned shall specify the amount of voluntary separation pay that an individual or defined group of members of the armed forces may be paid under subsection (e)(1). No member may receive as voluntary separation pay an amount greater than two times the full amount of separation pay for a member of the same pay grade and years of service who is involuntarily separated under section 1174 of this title. “(g) Payment of Voluntary Separation Pay.— (1) Voluntary separation pay under this section may be paid in a single lump sum. “(2) In the case of a member of the armed forces who, at the time of separation under subsection (c), has completed at least 15 years, but less than 20 years, of active service, voluntary separation pay may be paid, at the election of the Secretary concerned, in— “(A) a single lump sum; “(B) installments over a period not to exceed 10 years; or “(C) a combination of lump sum and such installments. “(h) Coordination With Retired or Retainer Pay and Disability Compensation.— (1) A member who is paid voluntary separation pay under this section and who later qualities for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such retired or retainer pay is equal to the total amount of voluntary separation pay so paid. “(2) (A) Except as provided in subparagraphs (B) and (C), a member who is paid voluntary separation pay under this section shall not be deprived, by reason of the member’s receipt of such pay, of any disability compensation to which the member is entitled under the laws administered by the Secretary of Veterans Affairs, but there shall be deducted from such disability compensation an amount, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such disability compensation is equal to the total amount of voluntary separation pay so paid, less the amount of Federal income tax withheld from such pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986). “(B) No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under section 1413, or to an eligible combat-related disabled uniformed services retiree under section 1413a of this title, who is paid voluntary separation pay under this section. “(C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation pay received by the member because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty. “(3) The requirement under this subsection to repay voluntary separation pay following retirement from the armed forces does not apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation pay and benefits under this section. “(4) The Secretary concerned may waive the requirement to repay voluntary separation pay under paragraphs (1) and (2) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. “(i) Retirement Defined.— In this section, the term ‘retirement’ includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve. “(j) Repayment for Members Who Return to Active Duty.— (1) Except as provided in paragraphs (2) and (3), a member of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary separation pay received. “(2) Members who are involuntarily recalled to active duty or full-time National Guard duty in accordance with section 12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this title or section 502(f)(1) of title 32 shall not be subject to this subsection. “(3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of title 10, or section 114, 115, or 502(f)(2) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection. “(4) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. The authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness. “(k) Termination of Authority.— (1) The authority to separate a member of the armed forces from active duty under subsection (c) shall terminate on December 31, 2008. “(2) A member who separates by the date specified in paragraph (1) may continue to be provided voluntary separation pay and benefits under this section until the member has received the entire amount of pay and benefits to which the member is entitled under this section.” . (2) Clerical amendment.— The table of sections at the beginning of chapter 59 of such 10 USC prec. 1161. title is amended by inserting after the item relating to section 1175 the following new item: “1175a. Voluntary separation pay and benefits.”. (b) Limitation on Applicability.— During 10 USC 1175a note. the period beginning on the date of the enactment of this Act and ending on December 31, 2008, the members of the Armed Forces who are eligible for separation, and for the provision of voluntary separation pay and benefits, under section 1175a of title 10, United States Code (as added by subsection (a)), shall be limited to officers of the Armed Forces who meet the eligibility requirements of section 1175a(b) of title 10, United States Code (as so added), but have not completed more than 12 years of active service as of the date of separation from active duty. SEC. 644. RATIFICATION OF PAYMENT OF CRITICAL-SKILLS ACCESSION BONUS FOR PERSONS ENROLLED IN SENIOR RESERVE OFFICERS’ TRAINING CORPS OBTAINING NURSING DEGREES. (a) Accession Bonus Authorized.— In the case of an agreement executed under section 324 of title 37, United States Code, from October 5, 2004, through December 31, 2005, between the Secretary of the Army and a person who completed the second year of an accredited baccalaureate degree program in nursing to serve in the Army Nurse Corps, the payment of an accession bonus to the person under such section is authorized even though the person did not possess a skill designated as critical and, at the time of the agreement, was enrolled in the Senior Reserve Officers’ Training Corps program of the Army for advanced training under chapter 103 of title 10, United States Code, including a person receiving financial assistance under section 2107 of such title. (b) Limitation on Amount of Bonus.— The amount of the accession bonus referred to in subsection (a) may not exceed $5,000. SEC. 645. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR ENLISTMENT IN THE ARMY. (a) Authority to Pay Bonus.— The Secretary of the Army may pay a bonus under this section to a member of the Army, whether in the regular component of the Army or in the Army National Guard or Army Reserve, who refers to an Army recruiter a person who has not previously served in an Armed Force and who, after such referral, enlists in the regular component of the Army or in the Army National Guard or Army Reserve. (b) Referral.— For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs— (1) when a member of the Army contacts an Army recruiter on behalf of a person interested in enlisting in the Army; or (2) when a person interested in enlisting in the Army contacts the Army recruiter and informs the recruiter of the role of the member in initially recruiting the person. (c) Certain Referrals Ineligible.— (1) Referral of immediate family.— A member of the Army may not be paid a bonus under subsection (a) for the referral of an immediate family member. (2) Members in recruiting roles.— A member of the Army serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a). (d) Amount of Bonus.— The amount of the bonus paid for a referral under subsection (a) may not exceed $1,000. The bonus shall be paid in a lump sum. (e) Time of Payment.— A bonus may not be paid under subsection (a) with respect to a person who enlists in the Army until the person completes basic training and individual advanced training. (f) Relation to Prohibition on Bounties.— The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10, United States Code. (g) Duration of Authority.— A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2007. Subtitle C— Travel and Transportation Allowances SEC. 651. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING EXPENSES AT TEMPORARY DUTY LOCATION MAY BE PAID. (a) Absences Covered by Allowance.— Section 404b of title 37, United States Code, is amended— (1) in subsection (a), by striking “while the member is in an authorized leave status” and inserting “during an authorized absence of the member from the temporary duty location”; (2) in subsection (b)— (A) in paragraph (1), by striking “taking the authorized leave” and inserting “the authorized absence”; and (B) in paragraph (3), by striking “immediately after completing the authorized leave” and inserting “before the end of the authorized absence”; (3) in subsection (c), by striking “while the member was in an authorized leave status” and inserting “during the authorized absence of the member”; and (4) by adding at the end the following new subsection: “(d) Authorized Absence Defined.— In this section, the term ‘authorized absence’, with respect to a member, means that the member is in an authorized leave status or that the absence of the member is otherwise authorized under regulations prescribed by the Secretary concerned.” . (b) Clerical Amendments.— (1) Section heading.— The heading of such section is amended to read as follows: “§ 404b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member” . (2) Table of sections.— The table of sections at the beginning of chapter 7 of such 37 USC prec. 401. title is amended by striking the item relating to section 404b and inserting the following new item: “404b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member.”. SEC. 652. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS OF DECEASED MEMBERS. (a) Death of Members Entitled to Basic Pay.— Subsection (f) section 406 of title 37, United States Code, is amended— (1) by inserting “(1)” after “(f)”; (2) by striking “he” and inserting “the member”; and (3) by adding at the end the following new paragraph: “(2) The Secretary concerned shall give the dependents of a member described in paragraph (1) a period of not less than three years, beginning on the date of the death of the member, during which to select a home for the purposes of the travel and transportation allowances authorized by this section.” . (b) Certain Other Deceased Members.— Subsection (g)(3) of such section is amended in the first sentence— (1) by striking “he exercises it” and inserting “the member exercises the right or entitlement”; (2) by striking “his surviving dependents or, if” and inserting “the surviving dependents at any time before the end of the three-year period beginning on the date on which the member accrued that right or entitlement. If”; and (3) by striking “his baggage and household effects” and inserting “the baggage and household effects of the deceased member”. SEC. 653. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION WITH THE REPATRIATION OF MEMBERS HELD CAPTIVE. (a) Allowances Authorized.— Chapter 7 of title 37, United States Code, is amended by inserting after section 411i the following new section: “§ 411j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive “(a) Allowance for Family Members and Certain Others.— (1) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for not more than three family members of a member described in subsection (b). “(2) In addition to the family members authorized to be provided travel and transportation under paragraph (1), the Secretary concerned may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described in that paragraph if the Secretary determines that— “(A) the family member to be accompanied is unable to travel unattended because of age, physical condition, or other reason determined by the Secretary; and “(B) no other family member who is eligible for travel and transportation under paragraph (1) is able to serve as an attendant for the family member. “(3) If no family member of a member described in subsection (b) is able to travel to the repatriation site of the member, travel and transportation described in subsection (d) may be provided to not more than 2 persons related to and selected by the member. “(4) In circumstances determined to be appropriate by the Secretary concerned, the Secretary may waive the limitation on the number of family members of a member provided travel and transportation allowances under this section. “(b) Covered Members.— A member described in this subsection is a member of the uniformed services who— “(1) is serving on active duty; “(2) was held captive, as determined by the Secretary concerned; and “(3) is repatriated to a site inside or outside the United States. “(c) Eligible Family Members.— In this section, the term ‘family member’ has the meaning given the term in section 411h(b) of this title. “(d) Travel and Transportation Authorized.— (1) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or (3) of subsection (a), as the case may be) and the location of the repatriation site at which the member is located. “(2) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established for such allowances and expenses under section 404(d) of this title. “(3) The transportation authorized by subsection (a) may be provided by any of the means described in section 411h(d)(1) of this title. “(4) An allowance under this subsection may be paid in advance. “(5) Reimbursement payable under this subsection may not exceed the cost of Government-procured round-trip air travel.” . (b) Clerical Amendment.— The table of sections at the beginning of chapter 7 of such 37 USC prec. 401. title is amended by inserting after the item relating to section 411i the following new item: “411j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive.”. SEC. 654. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED OFFICERS. (a) Increase.— The table in section 406(b)(1)(C) of title 37, United States Code, is amended by striking the items relating to pay grades E–7 through E–9 and inserting the following new items: “E–913,00015,000      E–812,00014,000      E–711,00013,000”. (b) Effective Date.— The amendment made by subsection (a) shall take effect on January 1, 2006, and apply with respect to an order in connection with a change of temporary or permanent station issued on or after that date. SEC. 655. PERMANENT AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO VISIT HOSPITALIZED MEMBERS OF THE ARMED FORCES INJURED IN COMBAT OPERATION OR COMBAT ZONE. (a) Authority to Continue Allowance.— Section 1026 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 Stat. 254), is amended by striking subsections (d) and (e). (b) Conforming Amendment.— Subsection (a)(2)(B)(ii) of section 411h of title 37, United States Code, as added by section 1026 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, is amended by striking “under section 1967(e)(1)(A) of title 38”. (c) Effective Date.— The 37 USC 411h note. amendments made by this section shall take effect on the earlier of the following: (1) The date of the enactment of this Act. (2) The date specified in section 106(3) of Public Law 109–77 (119 Stat. 2039). Subtitle D— Retired Pay and Survivor Benefits SEC. 661. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME TAX WITHHELD FROM RETIRED OR RETAINER PAY.   Section 1045(a) of title 10, United States Code, is amended in the third sentence— (1) by striking “quarter” the first place it appears and inserting “month”; and (2) by striking “during the month following that calendar quarter” and inserting “during the following calendar month”. SEC. 662. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE. (a) Prohibition of Interment in National Cemeteries.— Section 2411 of title 38, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking “for which the person was sentenced to death or life imprisonment” and inserting “and whose conviction is final (other than a person whose sentence was commuted by the President)”; and (B) in paragraph (2), by striking “for which the person was sentenced to death or life imprisonment without parole” and inserting “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)”; and (2) in subsection (d)— (A) in paragraph (1), by striking “the death penalty or life imprisonment may be imposed” and inserting “a sentence of imprisonment for life or the death penalty may be imposed”; and (B) in paragraph (2), by striking “the death penalty or life imprisonment without parole may be imposed” and inserting “a sentence of imprisonment for life or the death penalty may be imposed”. (b) Prohibition of Certain Department of Defense Benefits.— (1) Additional circumstances for prohibition of performance of military honors.— Subsection (a) of section 985 of title 10, United States Code, is amended— (A) by inserting “(under section 1491 of this title or any other authority)” after “military honors”; and (B) by striking “a person who” and all that follows and inserting the following: “any of the following persons: “(1) A person described in section 2411(b) of title 38. “(2) A person who is a veteran (as defined in section 1491(h) of this title) or who died while on active duty or a member of a reserve component, when the circumstances surrounding the person’s death or other circumstances as specified by the Secretary of Defense are such that to provide military honors at the funeral or burial of the person would bring discredit upon the person’s service (or former service).” . (2) Additional circumstances for prohibition of interment in military cemetery.— Subsection (b) of such section is amended by striking “convicted of a capital offense under Federal law” and inserting “who is ineligible for interment in a national cemetery under the control of the National Cemetery Administration by reason of section 2411(b) of title 38”. (3) Conforming amendment.— Subsection (c) such section is amended to read as follows: “(c) Definition.— In this section, the term ‘burial’ includes inurnment.” . (4) Prohibition of funeral honors.— Section 1491(a) of title 10, United States Code, is amended by inserting before the period at the end the following: “, except when military honors are prohibited under section 985(a) of this title”. (c) Clerical Amendments.— (1) Section heading.— The heading of section 985 of such title is amended to read as follows: “§ 985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits” . (2) Table of sections.— The item relating to section 985 in the table of sections at the beginning of chapter 49 of such title is amended to read as follows: “985.  Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits.”. (d) Rulemaking.— (1) Department of veterans affairs.— The 38 USC 2411 note. Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law. (2) Department of defense.— The 10 USC 985 note. Secretary of Defense shall prescribe regulations to ensure that a person is not interred in any military cemetery under the authority of the Secretary of a military department or provided funeral honors under section 1491 of title 10, United States Code, unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law. (e) Effective Date.— The 10 USC 985 note. amendments made by this section shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act. SEC. 663. CONCURRENT RECEIPT OF VETERANS’ DISABILITY COMPENSATION AND MILITARY RETIRED PAY.   Section 1414(a)(1) of title 10, United States Code, is amended by inserting before the period at the end the following: “, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009”. SEC. 664. ADDITIONAL AMOUNTS OF DEATH GRATUITY FOR SURVIVORS OF CERTAIN MEMBERS OF THE ARMED FORCES DYING ON ACTIVE DUTY. (a) Increased Amount of Death Gratuity.— (1) Increased amount.— Subsection (a) of section 1478 of title 10, United States Code, is amended by striking “$12,000” and inserting “$100,000”. (2) Amendments.— Such section is further amended— (A) in the first sentence of subsection (a), by striking “(as” and all that follows in that sentence and inserting a period; and (B) by striking subsection (c). (3) Effective date.— The 10 USC 1478 note. amendment made by paragraph (1) shall take effect as of October 7, 2001, and shall apply to deaths occurring on or after the date of the enactment of this Act and, subject to subsection (c), to deaths occurring during the period beginning on October 7, 2001, and ending on the day before the date of the enactment of this Act. (b) Retroactive Payment of Additional Death Gratuity for Certain Members not Previously Covered.— Such section is further amended by adding at the end the following new subsection: “(d) (1) In the case of a person described in paragraph (2), a death gratuity shall be payable, subject to section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a). “(2) This subsection applies in the case of a person who died during the period beginning on October 7, 2001, and ending on May 11, 2005, while a member of the armed forces on active duty and whose death did not establish eligibility for an additional death gratuity under the prior subsection (e) of this section (as added by section 1013(b) of Public Law 109–13; 119 Stat. 247), because the person was not described in paragraph (2) of that prior subsection. “(3) The amount of additional death gratuity payable under this subsection shall be $150,000. “(4) A payment pursuant to this subsection shall be paid in the same manner as provided under paragraph (4) of the prior subsection (e) of this section (as added by section 1013(b) of Public Law 109–13; 119 Stat. 247), for payments pursuant to paragraph (3)(A) of that prior subsection.” . (c) Funding.— Amounts for payments after the date of the enactment of this Act by reason of the amendments made by subsection (a) with respect to deaths before the date of the date of the enactment of this Act, and amounts for payments under subsection (d) of section 1478 of title 10, United States Code, as added by subsection (b), shall be derived from supplemental appropriations for the Department of Defense for fiscal year 2006 for military operations in Iraq and Afghanistan and the Global War on Terrorism, contingent upon such appropriations being enacted. (d) Coordination of Amendments.— If the date of the enactment of this Act occurs before the date specified in section 106(3) of Public Law 109–77— (1) effective as of such date of enactment, the amendments made to section 1478 of title 10, United States Code, by section 1013 of Public Law 109–13 are repealed; and (2) effective immediately before the execution of the amendments made by this section, the provisions of section 1478 of title 10, United States Code, as in effect on the day before the date of the enactment of Public Law 109–13, are revived. SEC. 665. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN OF RETIREMENT-ELIGIBLE MEMBERS CONVICTED OF DOMESTIC VIOLENCE RESULTING IN DEATH OF CHILD’S OTHER PARENT. (a) Authority for Court-Ordered Payments.— Section 1408(h) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by inserting “(A)” after “(1)”; and (B) by adding at the end of such paragraph the following: “(B) If, in the case of a member or former member of the armed forces referred to in paragraph (2)(A), a court order provides for the payment as child support of an amount from the disposable retired pay of that member or former member (as certified under paragraph (4)) to an eligible dependent child of the member or former member, the Secretary concerned, beginning upon effective service of such court order, shall pay that amount in accordance with this subsection to such dependent child.” ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting “, or a dependent child,” after “former spouse”; (B) in subparagraph (B)— (i) by inserting “in the case of eligibility of a spouse or former spouse under paragraph (1)(A),” after “(B)”; and (ii) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(C) in the case of eligibility of a dependent child under paragraph (1)(B), the other parent of the child died as a result of the misconduct that resulted in the termination of retired pay.” ; (3) in paragraph (4), by inserting “, or an eligible dependent child,” after “former spouse”; (4) in paragraph (5), by inserting “, or the dependent child,” after “former spouse”; and (5) in paragraph (6), by inserting “, or to a dependent child,” after “former spouse”. (b) Effective Date.— A 10 USC 1408 note. court order authorized by the amendments made by this section may not provide for a payment attributable to any period before the date of the enactment of this Act, or the date of the court order, whichever is later. SEC. 666. COMPTROLLER GENERAL REPORT ON ACTUARIAL SOUNDNESS OF THE SURVIVOR BENEFIT PLAN. (a) Report.— Not later than July 31, 2006, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the actuarial soundness of the Survivor Benefit Plan program under subchapter II of chapter 73 of title 10, United States Code. (b) Elements.— The report required by subsection (a) shall include the following: (1) An assessment of the implications for the actuarial soundness of the Survivor Benefit Plan program of recent improvements to that program, including the implications of such improvements for the actuarial soundness of that program with respect to various categories of participants in the program and with respect to the program as a whole. (2) An assessment of the implications for Government contributions and payments to the Survivor Benefit Plan program of the improvements to that program covered by paragraph (1), including the implications of such improvements on such contributions and payments with respect to various categories of participants in the program and with respect to the program as a whole. (3) An assessment of the implications for the actuarial soundness of the Survivor Benefit Plan program, and for Government contributions and payments to that program, of— (A) enactment of a law permitting participants in that program to designate an insurable interest beneficiary if a previously designated beneficiary dies; and (B) enactment of a law repealing the provisions of sections 1450(c) and 1451(c)(2) of title 10, United States Code, that require the reduction of an annuity paid to a beneficiary under that program by the amount of dependency and indemnity compensation paid to the same beneficiary under section 1311(a) of title 38, United States Code. (c) Government Contributions.— In making the assessments under paragraphs (2) and (3) of subsection (b), the Comptroller General, in considering the Government contributions to the Survivor Benefit Plan program, shall consider both the Government’s normal cost contributions under the program and the Government’s payments to amortize unfunded liability under the program. Subtitle E— Commissary and Nonappropriated Fund Instrumentality Benefits SEC. 671. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES AND SERVICES PROCUREMENT FROM OVERSEAS EXCHANGE STORES.   Section 2424(b) of title 10, United States Code, is amended by striking “$50,000” and inserting “$100,000”. SEC. 672. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY STORE FUNCTIONS.   Section 2485(a)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: “Until December 31, 2008, the Defense Commissary Agency is not required to conduct any cost-comparison study under the policies and procedures of Office of Management and Budget Circular A–76 relating to the possible contracting out of commissary store functions.”. SEC. 673. PROVISION OF AND PAYMENT FOR OVERSEAS TRANSPORTATION SERVICES FOR COMMISSARY AND EXCHANGE SUPPLIES AND PRODUCTS.   Section 2643 of title 10, United States Code, is amended— (1) by inserting “(a) Transportation Options.—” before “The Secretary”; (2) in the first sentence, by striking “by sea without relying on the Military Sealift Command” and inserting “to destinations outside the continental United States without relying on the Air Mobility Command, the Military Sealift Command,”; (3) in the second sentence, by striking “transportation contracts” and inserting “contracts for sea-borne transportation”; and (4) by adding at the end the following new subsection: “(b) Payment of Transportation Costs.— Section 2483(b)(5) of this title, regarding the use of appropriated funds to cover the expenses of operating commissary stores, shall apply to the transportation of commissary supplies and products. Appropriated funds for the Department of Defense shall also be used to cover the expenses of transporting exchange supplies and products to destinations outside the continental United States.” . SEC. 674. COMPENSATORY TIME OFF FOR CERTAIN NONAPPROPRIATED FUND EMPLOYEES.   Section 5543 of title 5, United States Code, is amended by adding at the end the following new subsection: “(d) (1) The appropriate Secretary may, on request of an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c), grant such employee compensatory time off from duty instead of overtime pay for overtime work. “(2) For purposes of this subsection, the term ‘appropriate Secretary’ means— “(A) with respect to an employee of a nonappropriated fund instrumentality of the Department of Defense, the Secretary of Defense; and “(B) with respect to an employee of a nonappropriated fund instrumentality of the Coast Guard, the Secretary of the Executive department in which it is operating.” . SEC. 675. REST AND RECUPERATION LEAVE PROGRAMS. (a) Availability of Funds for Reimbursement of Expenses.— Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $7,000,000 may be available for the reimbursement of expenses of the Armed Forces Recreation Centers related to the utilization of the facilities of the Armed Forces Recreation Centers under official Rest and Recuperation Leave Programs authorized by the military departments or combatant commanders. (b) Utilization of Reimbursements.— Amounts received by the Armed Forces Recreation Centers under subsection (a) as reimbursement for expenses may be utilized by such Centers for facility maintenance and repair, utility expenses, correction of health and safety deficiencies, and routine ground maintenance. (c) Regulations.— The utilization of facilities of the Armed Forces Recreation Centers under Rest and Recuperation Leave Programs, and reimbursement for expenses related to such utilization of such facilities, shall be subject to regulations prescribed by the Secretary of Defense. Subtitle F— Other Matters SEC. 681. TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT INCENTIVES. (a) Authority to Develop and Provide Recruitment Incentives.— The Secretary of the Army may develop and provide incentives not otherwise authorized by law to encourage individuals to accept commissions as officers or to enlist in the Army. (b) Relation to Other Personnel Authorities.— A recruitment incentive developed under subsection (a) may be provided— (1) without regard to the lack of specific authority for the incentive under title 10 or 37, United States Code; and (2) notwithstanding any provision of such titles, or any rule or regulation prescribed under such provision, relating to methods of— (A) determining requirements for, and the compensation of, members of the Army who are assigned duty as military recruiters; or (B) providing incentives to individuals to accept commissions or enlist in the Army, including the provision of group or individual bonuses, pay, or other incentives. (c) Waiver of Otherwise Applicable Laws.— A provision of title 10 or 37, United States Code, may not be waived with respect to, or otherwise determined to be inapplicable to, the provision of a recruitment incentive developed under subsection (a) without the approval of the Secretary of Defense. (d) Notice and Wait Requirement.— A recruitment incentive developed under subsection (a) may not be provided to individuals until— (1) the Secretary of the Army submits to Congress, the appropriate elements of the Department of Defense, and the Comptroller General a plan that includes— (A) a description of the incentive, including the purpose of the incentive and the potential recruits to be addressed by the incentive; (B) a description of the provisions of titles 10 and 37, United States Code, from which the incentive would require a waiver and the rationale to support the waiver; (C) a statement of the anticipated outcomes as a result of providing the incentive; and (D) the method to be used to evaluate the effectiveness of the incentive; and (2) a 45-day period beginning on the date on which the plan was received by Congress expires. (e) Limitation on Number of Incentives.— Not more than four recruitment incentives may be provided under the authority of this section. (f) Limitation on Number of Individuals Receiving Incentives.— The number of individuals who receive one or more of the recruitment incentives provided under subsection (a) during a fiscal year may not exceed the number of individuals equal to 20 percent of the accession mission of the Army for that fiscal year. (g) Duration of Developed Incentive.— A recruitment incentive developed under subsection (a) may be provided for not longer than a three-year period beginning on the date on which the incentive is first provided, except that the Secretary of the Army may extend the period if the Secretary determines that additional time is needed to fully evaluate the effectiveness of the incentive. (h) Reporting Requirements.— (1) Secretary of the army report.— The Secretary of the Army shall submit to Congress an annual report on the recruitment incentives provided under subsection (a) during the preceding year, including— (A) a description of the incentives provided under subsection (a) during that fiscal year; and (B) an assessment of the impact of the incentives on the recruitment of individuals as officers or enlisted members. (2) Comptroller general report.— As soon as practicable after receipt of each plan under subsection (d), the Comptroller General shall submit to Congress a report evaluating the expected outcomes of the recruitment incentive covered by the plan in terms of cost effectiveness and mission achievement. (i) Termination of Authority to Provide Incentives.— Notwithstanding subsection (g), the authority to provide recruitment incentives under this section expires on December 31, 2009. SEC. 682. CLARIFICATION OF LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO A DEPLOYABLE SHIP OR MOBILE UNIT OR OTHER DUTY.   Subparagraph (B) of section 701(f)(1) of title 10, United States Code, is amended to read as follows: “(B) This subsection applies to a member who— “(i) serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay under section 310(a) of title 37; “(ii) is assigned to a deployable ship or mobile unit or to other duty designated for the purpose of this section; or “(iii) on or after August 29, 2005, performs duty designated by the Secretary of Defense as qualifying duty for purposes of this subsection.” . SEC. 683. EXPANSION OF AUTHORITY TO REMIT OR CANCEL INDEBTEDNESS OF MEMBERS OF THE ARMED FORCES INCURRED ON ACTIVE DUTY. (a) Indebtedness of Members of the Army.— (1) Authority.— Section 4837 of title 10, United States Code, is amended to read as follows: “§ 4837. Settlement of accounts: remission or cancellation of indebtedness of members “(a) In General.— If the Secretary considers it to be in the best interest of the United States, the Secretary may have remitted or cancelled any part of the indebtedness of a member of the Army on active duty, or a member of a reserve component of the Army in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty. “(b) Period of Exercise of Authority.— The Secretary may exercise the authority in subsection (a) with respect to a member— “(1) while the member is on active duty or in active status, as the case may be; “(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or “(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release. “(c) Retroactive Applicability to Certain Debts.— The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001. “(d) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense.” . (2) Clerical amendment.— The item relating to that section in the table of sections at the beginning of chapter 453 of such title is amended by striking the penultimate word. (3) Termination.— The 10 USC 4837 note. amendments made by this subsection shall terminate on December 31, 2007. Effective on that date, section 4873 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act shall be revived. (b) Indebtedness of Members of the Navy.— (1) Authority.— Section 6161 of title 10, United States Code, is amended to read as follows: “§ 6161. Settlement of accounts: remission or cancellation of indebtedness of members “(a) In General.— If the Secretary of the Navy considers it to be in the best interest of the United States, the Secretary may have remitted or cancelled any part of the indebtedness of a member of the Navy on active duty, or a member of a reserve component of the Navy in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty. “(b) Period of Exercise of Authority.— The Secretary of the Navy may exercise the authority in subsection (a) with respect to a member— “(1) while the member is on active duty or in active status, as the case may be; “(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or “(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release. “(c) Retroactive Applicability to Certain Debts.— The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001. “(d) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense.” . (2) Clerical amendment.— The item relating to that section in the table of sections at the beginning of chapter 561 of such title is amended by striking the penultimate word. (3) Termination.— The 10 USC 6161 note. amendments made by this subsection shall terminate on December 31, 2007. Effective on that date, section 6161 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act shall be revived. (c) Indebtedness of Members of the Air Force.— (1) Authority.— Section 9837 of title 10, United States Code, is amended to read as follows: “§ 9837. Settlement of accounts: remission or cancellation of indebtedness of members “(a) In General.— If the Secretary considers it to be in the best interest of the United States, the Secretary may have remitted or cancelled any part of the indebtedness of a member of the Air Force on active duty, or a member of a reserve component of the Air Force in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty. “(b) Period of Exercise of Authority.— The Secretary may exercise the authority in subsection (a) with respect to a member— “(1) while the member is on active duty or in active status, as the case may be; “(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or “(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release. “(c) Retroactive Applicability to Certain Debts.— The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001. “(d) Regulations.— This section shall be administered under regulations prescribed by the Secretary of Defense.” . (2) Clerical amendment.— The item relating to that section in the table of sections at the beginning of chapter 953 of such title is amended by striking the penultimate word. (3) Termination.— The 10 USC 9837 note. amendments made by this subsection shall terminate on December 31, 2007. Effective on that date, section 9873 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act shall be revived. SEC. 684. LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN THE SELECTED RESERVE. (a) Loan Repayment Program Authorized.— Chapter 1609 of title 10, United States Code, is amended by adding at the end the following new section: “§ 16303. Loan repayment program: chaplains serving in the Selected Reserve “(a) Authority to Repay Education Loans.— For purposes of maintaining adequate numbers of chaplains in the Selected Reserve, the Secretary concerned may repay a loan that was obtained by a person who— “(1) satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations; “(2) holds, or is fully qualified for, an appointment as a chaplain in a reserve component of an armed force; and “(3) signs a written agreement with the Secretary concerned to serve not less than three years in the Selected Reserve. “(b) Exception for Chaplain Candidate Program.— A person accessioned into the Chaplain Candidate Program is not eligible for the repayment of a loan under subsection (a). “(c) Loan Repayment Process; Maximum Amount.— (1) Subject to paragraph (2), the repayment of a loan under subsection (a) may consist of the payment of the principal, interest, and related expenses of the loan. “(2) The amount of any repayment of a loan made under subsection (a) on behalf of a person may not exceed $20,000 for each three year period of obligated service that the person agrees to serve in an agreement described in subsection (a)(3). Of such amount, not more than an amount equal to 50 percent of such amount may be paid before the completion by the person of the first year of obligated service pursuant to the agreement. The balance of such amount shall be payable at such time or times as are prescribed in regulations. “(d) Effect of Failure to Complete Obligation.— If a person on whose behalf a loan is repaid under subsection (a) fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3), the Secretary concerned may require the person to pay the United States an amount equal to the amount of the loan repayments made on behalf of the person in connection with the agreement. “(e) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section.” . (b) Clerical Amendment.— The table of sections at the beginning of chapter 1609 of such 10 USC prec. 16301. title is amended by adding at the end the following new item: “16303.  Loan repayment program: chaplains serving in the Selected Reserve.”. SEC. 685. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AMONG SENIOR ENLISTED MEMBERS OF THE ARMED FORCES. (a) Basic Pay Rate.— (1) Equal treatment.— The rate of basic pay for an enlisted member in the grade E–9 while serving as Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff shall be the same as the rate of basic pay for an enlisted member in that grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, regardless of cumulative years of service computed under section 205 of title 37, United States Code. (2) Effective date.— Paragraph (1) shall apply beginning on the date on which an enlisted member of the Armed Forces is first appointed to serve as Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff. (b) Pay During Terminal Leave or While Hospitalized.— Section 210(c) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(6) The Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff.” . (c) Personal Money Allowance.— Section 414(c) of such title is amended— (1) by striking “or” after “Sergeant Major of the Marine Corps,”; and (2) by inserting before the period at the end the following: “, or the Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff”. (d) Retired Pay Base.— Section 1406(i)(3)(B) of title 10, United States Code, is amended by adding at the end the following new clause: “(vi) Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff.” . SEC. 686. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY UPON APPOINTMENT OF MEMBERS AS OFFICERS. (a) Inclusion and Exclusion of Certain Pay Types.— Subsection (d) of section 907 of title 37, United States Code, is amended to read as follows: “(d) (1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade: “(A) Incentive pay for hazardous duty under section 301 of this title. “(B) Submarine duty incentive pay under section 301c of this title. “(C) Special pay for diving duty under section 304 of this title. “(D) Hardship duty pay under section 305 of this title. “(E) Career sea pay under section 305a of this title. “(F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b of this title. “(G) Assignment incentive pay under section 307a of this title. “(H) Special pay for duty subject to hostile fire or imminent danger under section 310 of this title. “(I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 of this title. “(J) Foreign language proficiency pay under section 316 of this title. “(K) Critical skill retention bonus under section 323 of this title. “(2) The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer: “(A) Special duty assignment pay under section 307 of this title. “(B) Reenlistment bonus under section 308 of this title. “(C) Enlistment bonus under section 309 of this title. “(D) Career enlisted flyer incentive pay under section 320 of this title.” . (b) Stylistic Amendments.— Such section is further amended— (1) in subsections (a) and (b)— (A) by striking “he” each place it appears and inserting “the officer”; and (B) by striking “his appointment” each place it appears and inserting “the appointment”; and (2) in subsection (c)(2), by striking “he” and inserting “the officer”. (c) Effective Date.— Subsection (d) of 37 USC 907 note. section 907 of title 37, United States Code, as amended by subsection (a), shall apply with respect to any acceptance by an enlisted member of the Armed Forces of an appointment as an officer made on or after the date of the enactment of this Act. SEC. 687. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL PAYS, AND EDUCATIONAL BENEFITS. (a) Repayment of Unearned Portion of Bonuses and Other Benefits.— (1) Uniform repayment provision.— Section 303a of title 37, United States Code, is amended by adding at the end the following new subsection: “(e) Repayment of Unearned Portion of Bonuses and Other Benefits When Conditions of Payment not Met.— (1) A member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the requirements, except in certain circumstances authorized by the Secretary concerned. “(2) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar benefit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. Regulations. For the military departments, this subsection shall be administered under regulations prescribed by the Secretary of Defense. “(3) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after— “(A) the date of the termination of the agreement or contract on which the debt is based; or “(B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based. “(4) In this subsection: “(A) The term ‘bonus or similar benefit’ means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this subsection. “(B) The term ‘service’, as used in paragraph (3)(B), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned— “(i) to remain on active duty or in an active status in a reserve component; “(ii) to perform duty in a specified skill, with or without a specified qualification or credential; “(iii) to perform duty at a specified location; or “(iv) to perform duty for a specified period of time.” . (2) Applicability to title 11 cases.— In 37 USC 303a note. the case of a provision of law amended by subsection (b), (c), or (d) of this section, paragraph (3) of subsection (a) of section 303a of title 37, United States Code, as added by this subsection, shall apply to any case commenced under title 11, United States Code, after March 30, 2006. (b) Conforming Amendments to Title 37.— (1) Aviation career officer retention bonus.— Subsection (g) of section 301b of title 37, United States Code, is amended to read as follows: “(g) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.” . (2) Medical officer multiyear retention bonus.— Subsection (c) of section 301d of such title is amended to read as follows: “(c) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.” . (3) Dental officer multiyear retention bonus.— Subsection (d) of section 301e of such title is amended to read as follows: “(d) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.” . (4) Medical officer special pay.— Section 302 of such title is amended— (A) in subsection (c)(2), by striking the second sentence and inserting the following new sentence: “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.”; and (B) by striking subsection (f) and inserting the following new subsection: “(f) Repayment.— An officer who does not complete the period for which the payment was made under subsection (a)(4) or subsection (b)(1) shall be subject to the repayment provisions of section 303a(e) of this title.” . (5) Optometrist retention special pay.— Paragraph (4) of section 302a(b) of such title is amended to read as follows: “(4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which the payment was made under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.” . (6) Dental officer special pay.— Section 302b of such title is amended— (A) in subsection (b)(2), by striking the second sentence and inserting the following new sentence: “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.”; (B) by striking subsection (e) and inserting the following new subsection (e): “(e) Repayment.— An officer who does not complete the period of active duty specified in the agreement referred to in subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.” ; (C) by striking subsection (f); and (D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. (7) Accession bonus for registered nurses.— Subsection (d) of section 302d of such title is amended to read as follows: “(d) Repayment.— An officer who does not become and remain licensed as a registered nurse during the period for which the payment is made, or who does not complete the period of active duty specified in the agreement entered into under subsection (a), shall be subject to the repayment provisions of section 303a(e) of this title.” . (8) Nurse anesthetist special pay.— Section 302e of such title is amended— (A) in subsection (c), by striking the last sentence and inserting the following new sentence: “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.”; and (B) by striking subsection (e) and inserting the following new subsection: “(e) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.” . (9) Reserve, recalled, or retained health care officers special pay.— Section 302f(c) of such title is amended by striking “refund” and inserting “repay in the manner provided in section 303a(e) of this title”. (10) Selected reserve health care professionals in critically short wartime specialties special pay.— Section 302g of such title is amended— (A) by striking subsections (d) and (e); (B) by inserting after subsection (c) the following new subsection (d): “(d) Repayment.— An officer who does not complete the period of service in the Selected Reserve specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.” ; and (C) by redesignating subsection (f), as amended by section 622(e), as subsection (e). (11) Accession bonus for dental officers.— Subsection (d) of section 302h of such title is amended to read as follows: “(d) Repayment.— A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” . (12) Accession bonus for pharmacy officers.— Subsection (e) of section 302j of such title is amended to read as follows: “(e) Repayment.— A person who, after signing an agreement under subsection (a), is not commissioned as an officer of the armed forces, does not become and remain certified or licensed as a pharmacist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” . (13) Assignment incentive pay.— Subsection (d) of section 307a of such title, as added by section 628(c), is amended to read as follows: “(d) Repayment.— A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title.” . (14) Reenlistment bonus for active members.— Subsection (d) of section 308 of such title is amended to read as follows: “(d) A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title.” . (15) Reenlistment bonus for selected reserve.— Subsection (d) of section 308b of such title is amended to read as follows: “(d) Repayment.— A member who does not complete the term of enlistment in the element of the Selected Reserve for which the bonus was paid to the member under this section shall be subject to the repayment provisions of section 303a(e) of this title.” . (16) Selected reserve affiliation or enlistment bonus.— Section 308c of such title, as amended by section 631, is further amended by striking subsection (g) and inserting the following new subsection: “(g) Repayment.— A person who enters into an agreement under subsection (a) or (c) and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.” . (17) Ready reserve enlistment bonus.— Section 308g of such title is amended— (A) by striking subsection (d) and inserting the following new subsection: “(d) A person who does not serve satisfactorily in the element of the Ready Reserve in the combat or combat support skill for the period for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.” ; (B) by striking subsections (e) and (f); and (C) by redesignating subsections (g) and (h), as amended by section 621(c), as subsections (e) and (f), respectively. (18) Ready reserve reenlistment, enlistment, and voluntary extension of enlistment bonus.— Section 308h of such title is amended— (A) by striking subsection (c) and inserting the following new subsection: “(c) Repayment.— A person who does not complete the period of enlistment or extension of enlistment for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.” ; (B) by striking subsections (d) and (e); and (C) by redesignating subsections (f) and (g), as amended by section 621(d), as subsections (d) and (e), respectively. (19) Prior service enlistment bonus.— Subsection (d) of section 308i of such title is amended to read as follows: “(d) Repayment.— A person who receives a bonus payment under this section and who, during the period for which the bonus was paid, does not serve satisfactorily in the element of the Selected Reserve with respect to which the bonus was paid shall be subject to the repayment provisions of section 303a(e) of this title.” . (20) Enlistment bonus.— Subsection (b) of section 309 of such title is amended to read as follows: “(b) Repayment.— A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title.” . (21) Special pay for nuclear-qualified officers extending active duty.— Subsection (b) of section 312 of such title is amended to read as follows: “(b) An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (a) or subsection (d)(1), shall be subject to the repayment provisions of section 303a(e) of this title.” . (22) Nuclear career accession bonus.— Paragraph (2) of section 312b(a) of such title is amended to read as follows: “(2) An officer who does not commence or complete satisfactorily the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title.” . (23) Enlisted members extending duty at designated locations overseas.— Subsection (d) of section 314 of such title is amended to read as follows: “(d) Repayment.— A member who, having entered into a written agreement to extend a tour of duty for a period under subsection (a), receives a bonus payment under subsection (b)(2) for a 12-month period covered by the agreement and ceases during that 12-month period to perform the agreed tour of duty shall be subject to the repayment provisions of section 303a(e) of this title.” . (24) Engineering and scientific career continuation pay.— Subsection (c) of section 315 of such title is amended to read as follows: “(c) An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” . (25) Foreign language proficiency pay.— Subsection (e) of section 316 of such title, as added by section 639(c), is amended to read as follows: “(e) Repayment.— A member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period, shall be subject to the repayment provisions of section 303a(e) of this title.” . (26) Critical acquisition positions.— Subsection (f) of section 317 of such title is amended to read as follows: “(f) Repayment.— An officer who, having entered into a written agreement under subsection (a) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” . (27) Special warfare officers extending period of active duty.— Subsection (h) of section 318 of such title is amended to read as follows: “(h) Repayment.— An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty in special warfare service as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” . (28) Surface warfare officers extending period of active duty.— Subsection (f) of section 319 of such title is amended to read as follows: “(f) Repayment.— An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.” . (29) Judge advocate continuation pay.— Subsection (f) of section 321 of such title is amended to read as follows: “(f) Repayment.— An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.” . (30) 15-year career status bonus.— Subsection (f) of section 322 of such title is amended to read as follows: “(f) Repayment.— If a person paid a bonus under this section does not complete a period of active duty beginning on the date on which the election of the person under paragraph (1) of subsection (a) is received and ending on the date on which the person completes 20 years of active duty service as described in paragraph (2) of such subsection, the person shall be subject to the repayment provisions of section 303a(e) of this title.” . (31) Critical military skills retention bonus.— Subsection (g) of section 323 of such title, as amended by section 640(e), is amended to read as follows: “(g) Repayment.— A member paid a bonus under this section who fails, during the period of service covered by the member’s agreement, reenlistment, or voluntary extension of enlistment under subsection (a), to remain qualified in the critical military skill or to satisfy the other eligibility criteria for which the bonus was paid shall be subject to the repayment provisions of section 303a(e) of this title.” . (32) Accession bonus for new officers in critical skills.— Subsection (f) of section 324 of such title is amended to read as follows: “(f) Repayment.— An individual who, having received all or part of the bonus under an agreement referred to in subsection (a), is not thereafter commissioned as an officer or does not commence or complete the total period of active duty service specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.” . (33) Savings plan for education expenses and other contingencies.— Subsection (g) of section 325 of such title is amended to read as follows: “(g) Repayment.— If a person does not complete the qualifying service for which the person is obligated under a commitment for which a benefit has been paid under this section, the person shall be subject to the repayment provisions of section 303a(e) of this title.” . (34) Incentive bonus for conversion to military occupational specialty.— Subsection (e) of section 326 of such title is amended to read as follows: “(e) Repayment.— A member who does not convert to and complete the period of service in the military occupational specialty specified in the agreement executed under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.” . (35) Transfer between armed forces incentive bonus.— Section 327 of such title, as added by section 641, is amended by striking subsection (f) and inserting the following new subsection: “(f) Repayment.— A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall be subject to the repayment provisions of section 303a(e) of this title.” . (c) Conforming Amendments to Title 10.— (1) Enlistment incentives for pursuit of skills to facilitate national service.— Subsection (i) of section 510 of title 10, United States Code, is amended to read as follows: “(i) Repayment.— If a National Call to Service participant who has entered into an agreement under subsection (b) and received or benefitted from an incentive under paragraph (1) or (2) of subsection (e) fails to complete the total period of service specified in the agreement, the National Call to Service participant shall be subject to the repayment provisions of section 303a(e) of title 37.” . (2) Advanced education assistance.— Section 2005 of such title is amended— (A) in subsection (a), by striking paragraph (3) and inserting the following new paragraph: “(3) that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to paragraph (4), such person shall be subject to the repayment provisions of section 303a(e) of title 37; and” ; (B) by striking subsections (c), (d), (f), (g) and (h); (C) by redesignating subsection (e) as subsection (d); and (D) by inserting after subsection (b), the following new subsection: “(c) Contracts. As a condition of the Secretary concerned providing financial assistance under section 2107 or 2107a of this title to any person, the Secretary concerned shall require that the person enter into the agreement described in subsection (a). In addition to the requirements of paragraphs (1) through (4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements specified in the agreement or does not fulfill any term or condition prescribed pursuant to paragraph (4) of such subsection, the person shall be subject to the repayment provisions of section 303a(e) of title 37 without the Secretary first ordering such person to active duty as provided for under subsection (a)(2) and sections 2107(f) and 2107a(f) of this title.” . (3) Tuition for off-duty training or education.— Section 2007 of such title is amended by adding at the end the following new subsection: “(f) If an officer who enters into an agreement under subsection (b) does not complete the period of active duty specified in the agreement, the officer shall be subject to the repayment provisions of section 303a(e) of title 37.” . (4) Failure to complete advanced training or to accept commission.— Section 2105 of such title is amended by adding at the end the following new sentence: “If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) of title 37”. (5) Health professions scholarship and financial assistance program for active service.— Section 2123(e)(1)(C) of such title is amended by striking “equal to” and all that follows through the period at the end and inserting “pursuant to the repayment provisions of section 303a(e) of title 37.”. (6) Financial assistance for nurse officer candidates.— Subsection (d) of section 2130a of such title is amended to read as follows: “(d) Repayment.— A person who does not complete a nursing degree program in which the person is enrolled in accordance with the agreement entered into under subsection (a), or having completed the nursing degree program, does not become an officer in the Nurse Corps of the Army or the Navy or an officer designated as a nurse officer of the Air Force or commissioned corps of the Public Health Service or does not complete the period of obligated active service required under the agreement, shall be subject to the repayment provisions of section 303a(e) of title 37.” . (7) Education loan repayment program.— Subsection (g) of section 2173 of such title is amended— (A) by inserting “(1)” before “A commissioned officer”; and (B) by adding at the end the following new paragraph: “(2) An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions of section 303a(e) of title 37.” . (8) Scholarship program for degree program for degree or certification in information assurance.— Section 2200a of such title is amended— (A) by striking subsection (e) and inserting the following new subsection: “(e) Repayment for Period of Unserved Obligated Service.— (1) A member of an armed force who does not complete the period of active duty specified in the service agreement under section (b) shall be subject to the repayment provisions of section 303a(e) of title 37. “(2) A civilian employee of the Department of Defense who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of title 37 in the same manner and to the same extent as if the civilian employee were a member of the armed forces.” . (B) by striking subsection (f); and (C) by redesignating subsection (g) as subsection (f). (9) Army cadet agreement to serve as officer.— Section 4348 of such title is amended by adding at the end the following new subsection: “(f) A cadet or former cadet who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.” . (10) Midshipmen agreement for length of service.— Section 6959 of such title is amended by adding at the end the following new subsection: “(f) A midshipman or former midshipman who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.” . (11) Air force cadet agreement to serve as officer.— Section 9348 of such title is amended by adding at the end the following new subsection: “(f) A cadet or former cadet who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.” . (12) Educational assistance for members of selected reserve.— Section 16135 of such title is amended to read as follows: “§ 16135. Failure to participate satisfactorily; penalties “(a) Penalties.— At the option of the Secretary concerned, a member of the Selected Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter, and during which the member has received such assistance, may— “(1) be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section 16132 of this title, whichever is less; or “(2) be subject to the repayment provisions under section 303a(e) of title 37. “(b) Effect of Repayment.— Any repayment under section 303a(e) of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.” . (13) Health professions stipend program penalties and limitations.— Subparagraph (B) of section 16203(a)(1) of such title is amended to read as follows: “(B) to comply with the repayment provisions of section 303a(e) of title 37.” . (14) Loan repayment program for chaplains serving in selected reserve.— Section 16303 of such title, as added by section 684, is amended by striking subsection (d) and inserting the following new subsection: “(d) Effect of Failure to Complete Obligation.— A person on whose behalf a loan is repaid under subsection (a) who fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3) shall be subject to the repayment provisions of section 303a(e) of title 37.” . (15) College tuition assistance program for marine corps platoon leaders class.— Subsection (f) of section 16401 of such title is amended— (A) in paragraph (1), by striking “may be required to repay the full amount of financial assistance” and inserting “shall be subject to the repayment provisions of section 303a(e) of title 37”; and (B) in paragraph (2), by inserting before “The Secretary of the Navy” the following new sentence: “Any requirement to repay any portion of financial assistance received under this section shall be administered under the regulations issued under section 303a(e) of title 37.”. (d) Conforming Amendment to Title 14.— Section 182 of title 14, United States Code, is amended by adding at the end the following new subsection: “(g) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (b), or the alternative obligation imposed under subsection (c), shall be subject to the repayment provisions of section 303a(e) of title 37.” . (e) Clerical Amendments.— (1) Section heading.— The heading of section 303a of title 37, United States Code, is amended to read as follows: “§ 303a. Special pay: general provisions” . (2) Clerical amendment.— The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 303a and inserting the following new item: “303a. Special pay: general provisions.”. (f) Continued Application of Current Law to Existing Bonuses.— In the case of any bonus, incentive pay, special pay, or similar payment, such as education assistance or a stipend, which the United States became obligated to pay before April 1, 2006, under a provision of law amended by subsection (b), (c), or (d) of this section, such provision of law, as in effect on the day before the date of the enactment of this Act, shall continue to apply to the payment, or any repayment, of the bonus, incentive pay, special pay, or similar payment under such provision of law. SEC. 688. RIGHTS OF MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS UNDER HOUSING AND URBAN DEVELOPMENT ACT OF 1968. (a) Written Notice of Rights.— Section 106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)) is amended— (1) in subclause (II), by striking “and” at the end; (2) in subclause (III), by striking the period and inserting “; and”; and (3) by adding at the end the following new subclause: “(IV) notify the homeowner by a statement or notice, written in plain English by the Secretary of Housing and Urban Development, in consultation with the Secretary of Defense and the Secretary of the Treasury, explaining the mortgage and foreclosure rights of servicemembers, and the dependents of such servicemembers, under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), including the toll-free military one source number to call if servicemembers, or the dependents of such servicemembers, require further assistance.” . (b) No Effect on Other Laws.— Nothing in this section shall relieve any person of any obligation imposed by any other Federal, State, or local law. (c) Disclosure Form.— Not later than 150 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue a final disclosure form to fulfill the requirement of subclause (IV) of section 106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968, as added by subsection (a). (d) Effective Date.— The amendments made under subsection (a) shall take effect 150 days after the date of the enactment of this Act. SEC. 689. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF THE RESERVE AND NATIONAL GUARD.   Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C. 1383(j)(1)(B)) is amended by inserting “(or 24 consecutive months, in the case of such an individual whose ineligibility for benefits under or pursuant to both such sections is a result of being called to active duty pursuant to section 12301(d) or 12302 of title 10, United States Code, or section 502(f) of title 32, United States Code)” after “for a period of 12 consecutive months”. SEC. 690. INFORMATION FOR MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS ON RIGHTS AND PROTECTIONS OF THE SERVICEMEMBERS CIVIL RELIEF ACT. (a) Outreach to Members.— The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). (b) Time of Provision.— The information required to be provided under subsection (a) to a member shall be provided at the following times: (1) During the initial orientation training of the member. (2) In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year. (3) At such other times as the Secretary concerned considers appropriate. (c) Outreach to Dependents.— The Secretary concerned may provide to the adult dependents of members under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act. (d) Definitions.— In this section, the terms “dependent” and “Secretary concerned” have the meanings given such terms in section 101 of the Servicemembers Civil Relief Act (50 U.S.C. App. 511).

2. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 687(b)(35) · 119 Stat. 3136

   Amended · 37 U.S.C. § 327(f)

   Pub. L. 109–163, § 687(b)(35), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–163, § 687(b)(35), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:

   “(1) A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid such member as the period which such member failed to serve bears to the total period for which the bonus was paid. “(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under paragraph (1).”

   Enacted provision · exact public law section
   (35) Transfer between armed forces incentive bonus.— Section 327 of such title, as added by section 641, is amended by striking subsection (f) and inserting the following new subsection: “(f) Repayment.— A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall be subject to the repayment provisions of section 303a(e) of this title.” .

3. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 620(a) · 120 Stat. 2083

   Substituted · 37 U.S.C. § 327(d)(1)

   Pub. L. 109–364, § 620(a), substituted “$10,000” for “$2,500”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 109–364, § 620(a), substituted “$10,000” for “$2,500”.

   Enacted provision · exact public law section
   (a) Increase.— Section 327(d)(1) of title 37, United States Code, is amended by striking “$2,500” and inserting “$10,000”.

   Effective date note
   Pub. L. 109–364, div. A, title VI, § 620(b), Oct. 17, 2006, 120 Stat. 2252, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 327 of title 37, United States Code, on or after that date.”

4. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 614(h) · 120 Stat. 2083

   Substituted · 37 U.S.C. § 327(h)

   Pub. L. 109–364, § 614(h), substituted “2009” for “2006”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 109–364, § 614(h), substituted “2009” for “2006”.

   Enacted provision · exact public law section
   (h) Incentive Bonus for Transfer Between the Armed Forces.— Section 327(h) of such title is amended by striking “December 31, 2006” and inserting “December 31, 2009”.

   Effective date note
   Pub. L. 109–364, div. A, title VI, § 620(b), Oct. 17, 2006, 120 Stat. 2252, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 327 of title 37, United States Code, on or after that date.”

5. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title VI § 615(7) · 123 Stat. 2190

   Substituted · 37 U.S.C. § 327(h)

   Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

   Enacted provision · exact public law section
   (7) Section 327(h), relating to incentive bonus for transfer between armed forces.

6. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. A title VI § 615(7) · 124 Stat. 4137

   Substituted · 37 U.S.C. § 327(h)

   Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

   Enacted provision · exact public law section
   (7) Section 327(h), relating to incentive bonus for transfer between armed forces.

7. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title VI § 615(7) · 125 Stat. 1298

   Substituted · 37 U.S.C. § 327(h)

   Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.

   Enacted provision · exact public law section
   (7) Section 327(h), relating to incentive bonus for transfer between armed forces.

8. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. A title VI § 615(7) · 126 Stat. 1632

   Substituted · 37 U.S.C. § 327(h)

   Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.

   Enacted provision · exact public law section
   (7) Section 327(h), relating to incentive bonus for transfer between armed forces.

9. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. A title VI § 615(7) · 127 Stat. 672

   Substituted · 37 U.S.C. § 327(h)

   Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

   Enacted provision · exact public law section
   (7) Section 327(h), relating to incentive bonus for transfer between armed forces.

10. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title VI § 615(8) · 128 Stat. 3292

    Substituted · 37 U.S.C. § 327(h)

    Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

    Enacted provision · exact public law section
    (8) Section 327(h), relating to incentive bonus for transfer between branches of the Armed Forces.

11. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 div. A title VI § 615(8) · 129 Stat. 726

    Substituted · 37 U.S.C. § 327(h)

    Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

    Enacted provision · exact public law section
    (8) Section 327(h), relating to incentive bonus for transfer between Armed Forces.

12. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title VI § 615(8) · 130 Stat. 2000

    Substituted · 37 U.S.C. § 327(h)

    Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

    Enacted provision · exact public law section
    (8) Section 327(h), relating to incentive bonus for transfer between Armed Forces.

13. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title VI § 615(8) · 131 Stat. 1283

    Substituted · 37 U.S.C. § 327(h)

    Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

    Enacted provision · exact public law section
    (8) Section 327(h), relating to incentive bonus for transfer between Armed Forces.

12 of 13 references resolved to an enrolled provision · 1 partial