Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Division A/Title VI

TITLE VI — COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.

(a) Waiver of Section 1009 Adjustment- The adjustment to become effective during fiscal year 2009 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, 2009, the rates of monthly basic pay for members of the uniformed services are increased by 3.9 percent.

SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR MEALS RECEIVED AT MILITARY TREATMENT FACILITIES BY MEMBERS RECEIVING CONTINUOUS CARE.

Section 402(h) of title 37, United States Code, is amended--

(1) in paragraph (1), by striking `during any month covered by paragraph (3)' and all that follows through `this section'; and

(2) by striking paragraph (3).

SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT AMOUNT FOR TEMPORARY LODGING EXPENSES.

Section 404a(e) of title 37, United States Code, is amended by striking `$180 a day' and inserting `$290 a day'.

SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE FOR MARRIED COUPLES WITH DEPENDENTS.

(a) Availability- Section 427(d) of title 37, United States Code, is amended--

(1) by inserting `(1)' before `A member';

(2) by striking `Section 421' and inserting the following:

`(3) Section 421';

(3) by striking `However' and inserting `Except as provided in paragraph (2)'; and

(4) by inserting before paragraph (3), as so designated, the following new paragraph:

`(2) If a married couple, both of whom are members of the uniformed services, with dependents are simultaneously assigned to duties described in subparagraph (A), (B), or (C) of subsection (a)(1) and the members resided together with their dependents immediately before their assignments, the Secretary concerned shall pay each of the members the full amount of the monthly allowance specified in such subsection until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the additional allowance, paragraph (1) shall continue to apply to the remaining member so long as the member is assigned to duties described in subparagraph (A), (B), or (C) of such subsection.'.

(b) Application of Amendment- Paragraph (2) of subsection (d) of section 427 of title 37, United States Code, as added by subsection (a), shall apply with respect to members of the uniformed services described in such paragraph who perform service covered by subparagraph (A), (B), or (C) of subsection (a)(1) such section on or after October 1, 2008.

SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

Section 910(g) of title 37, United States Code, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

Subtitle B—Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus- Section 308b(g) of title 37, United States Code, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(b) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(c) Special Pay for Enlisted Members Assigned to Certain High Priority Units- Section 308d(c) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(d) Ready Reserve Enlistment Bonus for Persons Without Prior Service- Section 308g(f)(2) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service- Section 308h(e) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(f) Selected Reserve Enlistment Bonus for Persons With Prior Service- Section 308i(f) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR 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, 2008' and inserting `December 31, 2009'.

(b) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve- Section 16302(d) of such title is amended--

(1) by striking `before' and inserting `on or before'; and

(2) by striking `January 1, 2009' and inserting `December 31, 2009'.

(c) Accession Bonus for Registered Nurses- Section 302d(a)(1) of title 37, United States Code, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(d) Incentive Special Pay for Nurse Anesthetists- Section 302e(a)(1) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(e) Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties- Section 302g(e) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(f) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(g) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(h) Accession Bonus for Medical Officers in Critically Short Wartime Specialties- Section 302k(f) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(i) Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties- Section 302l(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service- Section 312(f) of title 37, United States Code, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(b) Nuclear Career Accession Bonus- Section 312b(c) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(c) Nuclear Career Annual Incentive Bonus- Section 312c(d) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

(a) Aviation Officer Retention Bonus- Section 301b(a) of title 37, United States Code, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(b) Assignment Incentive Pay- Section 307a(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(c) Reenlistment Bonus for Active Members- Section 308(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(d) Enlistment Bonus- Section 309(e) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(e) Accession Bonus for New Officers in Critical Skills- Section 324(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(f) Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage- Section 326(g) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(g) Accession Bonus for Officer Candidates- Section 330(f) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(h) Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units- Section 355(i) of such title, as redesignated by section 661(c) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL BONUSES.

(a) Health Professions Referral Bonus- Subsection (i) of section 1030 of title 10, United States Code, as added by section 671(b) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

(b) Army Referral Bonus- Subsection (h) of section 3252 of title 10, United States Code, as added by section 671(a) of the National Defense Authorization Act for Fiscal Year 2008, is amended by striking `December 31, 2008' and inserting `December 31, 2009'.

SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS AUTHORIZED UNDER NURSE OFFICER CANDIDATE ACCESSION PROGRAM AND HEALTH PROFESSIONS STIPEND PROGRAM.

(a) Bonus Under Nurse Officer Candidate Accession Program- Section 2130a(a)(1) of title 10, United States Code, is amended--

(1) by striking `$10,000' and inserting `$20,000'; and

(2) by striking `$5,000' and inserting `$10,000'.

(b) Monthly Stipend Under Nurse Officer Candidate Accession Program- Section 2130a(a)(2) of title is amended by striking `of not more than $1,000' and inserting `in an amount not to exceed the stipend rate in effect under section 2121(d) of this title'.

(c) Monthly Stipend for Students in Nursing or Other Health Professions Under Health Professions Stipend Program- Section 16201(e)(2)(A) of title is amended by striking `stipend of $100 per month' and inserting `monthly stipend in an amount not to exceed the stipend rate in effect under section 2121(d) of this title'.

SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY AGREEMENTS FOR SERVICE.

Section 312(a)(3) of title 37, United States Code, is amended by striking `three, four, or five years' and inserting `not less than three years'.

SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED SERVICES.

(a) Eligibility Requirements for Nuclear Officer Bonus and Incentive Pay- Section 333 of title 37, United States Code, is amended--

(1) in subsection (a)(2), by striking `and operational'; and

(2) in subsection (b)(2), by striking `and operational'.

(b) Relationship of Aviation Incentive Pay to Other Pay and Allowances- Section 334(f)(1) of such title is amended by striking `section 351' and inserting `section 351(a)(2)'.

(c) Health Professions Incentive Pay- Section 335(e)(1)(D)(i) of such title is amended by striking `dental surgeons' and inserting `dental officers'.

(d) No Pro-Rated Payment of Certain Hazardous Duty Pays- Section 351(c) of such title is amended by striking `subsection (a)' and inserting `paragraph (1) or (3) of subsection (a)'.

(e) Availability of Hazardous Duty Pay- Section 351(f) of such title is amended--

(1) by striking `in administering subsection (a)' and inserting `in connection with determining whether a triggering event has occurred for the provision of hazardous duty pay under subsection (a)(1)'; and

(2) by striking the last sentence.

SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY BONUS AUTHORITIES TO ENCOURAGE TRAINING IN CRITICAL FOREIGN LANGUAGES AND FOREIGN CULTURAL STUDIES AND AUTHORIZATION OF INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING FOREIGN LANGUAGE PROFICIENCY.

(a) Eligibility for Skill Proficiency Bonus-

(1) ELIGIBILITY- Subsection (b) of section 353 of title 37, United States Code, is amended to read as follows:

`(b) Skill Proficiency Bonus-

`(1) AVAILABILITY; ELIGIBLE PERSONS- The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who--

`(A) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title or is enrolled in an officer training program; and

`(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.

`(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS- A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers' Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives incentive pay under subsection (g)(2) for the same period, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.'.

(2) AVAILABILITY OF INCENTIVE PAY FOR PARTICIPATION IN FOREIGN LANGUAGE EDUCATION OR TRAINING PROGRAMS- Such section is further amended--

(A) by redesignating subsections (g), (h), and (i) as subsections (h), (i), and (j), respectively; and

(B) by inserting after subsection (f) the following new subsection (g):

`(g) Foreign Language Studies in Officer Training Programs-

`(1) AVAILABILITY OF INCENTIVE PAY- The Secretary concerned may pay incentive pay to a person enrolled in an officer training program to also participate in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.

`(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS- Incentive pay may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers' Training Corps program even though the student is in the first year of the four-year course under the program. While the student receives the incentive pay, the student shall also be entitled to a monthly subsistence allowance under section 209(c) of this title even though the student has not entered into an agreement under section 2103a of title 10. However, if the student receives a proficiency bonus under subsection (b)(2) covering the same month, the student may receive only a single monthly subsistence allowance under section 209(c) of this title.

`(3) CRITICAL FOREIGN LANGUAGE DEFINED- In this section, the term `critical foreign language' includes Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, or other language designated as critical by the Secretary concerned.'.

(b) Incentive Pay Authorized-

(1) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by inserting after section 316 the following new section:

`Sec. 316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency

`(a) Incentive Pay- The Secretary of Defense may pay incentive pay under this section to an individual who--

`(1) is enrolled as a member of the Senior Reserve Officers' Training Corps or the Marine Corps Platoon Leaders Class, as determined in accordance with regulations prescribed by the Secretary of Defense under subsection (e); and

`(2) participates in a language immersion program approved for purposes of the Senior Reserve Officers' Training Corps, or in study abroad, or is enrolled in an academic course that involves instruction in a foreign language of strategic interest to the Department of Defense as designated by the Secretary of Defense for purposes of this section.

`(b) Period of Payment- Incentive pay is payable under this section to an individual described in subsection (a) for the period of the individual's participation in the language program or study described in paragraph (2) of that subsection.

`(c) Amount- The amount of incentive pay payable to an individual under this section may not exceed $3,000 per year.

`(d) Repayment- An individual who is paid incentive pay under this section but who does not satisfactorily complete participation in the individual's language program or study as described in subsection (a)(2), or who does not complete the requirements of the Senior Reserve Officers' Training Corps or the Marine Corps Platoon Leaders Class, as applicable, shall be subject to the repayment provisions of section 303a(e) of this title.

`(e) Regulations- This section shall be administered under regulations prescribed by the Secretary of Defense.

`(f) Reports- Not later than January 1, 2010, and annually thereafter through 2014, the Secretary of Defense shall submit to the Director of the Office of Management and Budget, and to Congress, a report on the payment of incentive pay under this section during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

`(1) The number of individuals paid incentive pay under this section, the number of individuals commencing receipt of incentive pay under this section, and the number of individuals ceasing receipt of incentive pay under this section.

`(2) The amount of incentive pay paid to individuals under this section.

`(3) The aggregate amount recouped under section 303a(e) of this title in connection with receipt of incentive pay under this section.

`(4) The languages for which incentive pay was paid under this section, including the total amount paid for each such language.

`(5) The effectiveness of incentive pay under this section in assisting the Department of Defense in securing proficiency in foreign languages of strategic interest to the Department of Defense, including a description of how recipients of pay under this section are assigned and utilized following completion of the program of study.

`(g) Termination of Authority- No incentive pay may be paid under this section after December 31, 2013.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 316 the following new item:

`316a. Special pay: incentive pay for members of precommissioning programs pursuing foreign language proficiency.'.

(c) Pilot Program for Foreign Language Proficiency Training for Reserve Members-

(1) PILOT PROGRAM REQUIRED- The Secretary of Defense shall conduct a pilot program to provide a skill proficiency bonus under section 353(b) of title 37, United States Code, to a member of a reserve component of the uniformed services who is entitled to compensation under section 206 of such title while the member participates in an education or training program to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical under such section 353.

(2) DURATION OF PILOT PROGRAM- The Secretary shall conduct the pilot program during the period beginning on October 1, 2008, and ending on December 31, 2013. Incentive pay may not be provided under the pilot program after December 31, 2013.

(3) REPORTING REQUIREMENT- Not later than March 31, 2012, the Secretary shall submit to Congress a report containing the results of the pilot program and the recommendations of the Secretary regarding whether to continue or expand the pilot program.

(d) Expedited Implementation- Notwithstanding section 662 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military department may immediately implement the amendments made by subsection (a) in order to ensure the prompt availability of proficiency bonuses and incentive pay under section 353 of title 37, United States Code, as amended by such subsections, for persons enrolled in officer training programs.

SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND RETENTION OF OFFICERS IN CERTAIN HEALTH PROFESSIONS.

(a) Targeted Bonus Authority to Increase Direct Accessions-

(1) DESIGNATION OF CRITICALLY SHORT WARTIME HEALTH SPECIALTIES- For purposes of section 335 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 169), the following health professions are designated as a critically short wartime specialty under subsection (a)(2) of such section:

(A) Psychologists who have been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology and are fully licensed and such other mental health practitioners as the Secretary concerned determines to be necessary.

(B) Registered nurses.

(2) SPECIAL AGREEMENT AUTHORITY- Under the authority provided by this section, the Secretary concerned may enter into an agreement under subsection (f) of section 335 of title 37, United States Code, to pay a health professions bonus under such section to a person who accepts a commission or appointment as an officer and whose health profession specialty is specified in paragraph (1) of this subsection.

(3) SECRETARY CONCERNED DEFINED- In this subsection, the term `Secretary concerned' has the meaning given that term in section 101(5) of title 37, United States Code.

(4) EFFECTIVE PERIOD- The designations made by this subsection and the authority to enter into an agreement under paragraph (2) of this subsection expire on September 30, 2010.

(b) Accession and Retention Bonuses for Psychologists-

(1) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by inserting after section 302c the following new section:

`Sec. 302c-1. Special pay: accession and retention bonuses for psychologists

`(a) Accession Bonus-

`(1) ACCESSION BONUS AUTHORIZED- A person described in paragraph (2) who executes a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty for a period of not less than four consecutive years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount, subject to subsection (c)(1), determined by the Secretary concerned.

`(2) ELIGIBLE PERSONS- A person described in paragraph (1) is any person who--

`(A) is a graduate of an accredited school of psychology; and

`(B) holds a valid State license to practice as a doctoral level psychologist.

`(3) LIMITATION ON ELIGIBILITY- A person may not be paid a bonus under this subsection if--

`(A) the person, in exchange for an agreement to accept an appointment as an officer, received financial assistance from the Department of Defense to pursue a course of study in psychology; or

`(B) the Secretary concerned determines that the person is not qualified to become and remain certified as a psychologist.

`(b) Multiyear Retention Bonus-

`(1) RETENTION BONUS AUTHORIZED- An officer described in paragraph (2) who executes a written agreement described in subsection (d) to remain on active duty for up to four years after completion of any other active-duty service commitment may, upon acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

`(2) ELIGIBLE OFFICERS- An officer described in paragraph (1) is an officer of the armed forces who--

`(A) is a psychologist of the armed forces;

`(B) is in a pay grade below pay grade O-7;

`(C) has at least eight years of creditable service (computed as described in section 302b(f) of this title) or has completed any active-duty service commitment incurred for psychology education and training;

`(D) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into the agreement under this subsection); and

`(E) holds a valid State license to practice as a doctoral level psychologist.

`(c) Maximum Amount of Bonus-

`(1) ACCESSION BONUS- The amount of an accession bonus under subsection (a) may not exceed $400,000.

`(2) RETENTION BONUS- The amount of a retention bonus under subsection (b) may not exceed $25,000 for each year of the agreement of the officer concerned.

`(d) Agreement- The agreement referred to in subsections (a) and (b) shall provide that, consistent with the needs of the armed force concerned, the person or officer executing the agreement will be assigned to duty, for the period of obligated service covered by the agreement, as an officer of such armed force as a psychologist.

`(e) Repayment-

`(1) ACCESSION BONUS- 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 psychologist, 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.

`(2) RETENTION BONUS- An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title.

`(f) Termination of Authority- No agreement under subsection (a) or (b) may be entered into after December 31, 2009.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 302c the following new item:

`302c-1. Special pay: accession and retention bonuses for psychologists.'.

Subtitle C—Travel and Transportation Allowances

SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF PROFESSIONAL BOOKS AND EQUIPMENT FOR SPOUSES.

Section 406(b)(1)(D) of title 37, United States Code, is amended--

(1) by inserting `(i)' after `(D)';

(2) in the second sentence of clause (i), as designated by paragraph (1), by striking `this subparagraph' and inserting `this clause';

(3) by designating the last sentence as clause (iii) and indenting the margin of such clause, as so designated, two ems from the left margin; and

(4) by inserting after clause (i), as designated by paragraph (1), the following new clause:

`(ii) In addition to the weight allowance authorized for such member with dependents under paragraph (C), the Secretary concerned may authorize up to an additional 500 pounds in weight allowance for shipment of professional books and equipment belonging to the spouse of such member.'.

SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.

Section 406(b)(1) of title 37, United States Code, is amended by adding at the end the following new subparagraph:

`(H)(i) Except as provided in paragraph (2) and subject to clause (iii), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation (including shipment and payment of any quarantine costs) of family household pets.

`(ii) A member entitled to transportation under clause (i) may be paid reimbursement or, at the member's request, a monetary allowance in accordance with the provisions of subparagraph (F) if the member secures by commercial means shipment and any quarantining of the pets otherwise subject to transportation under clause (i).

`(iii) The provision of transportation under clause (i) and the payment of reimbursement under clause (ii) shall be subject to such regulations as the Secretary of Defense shall prescribe with respect to members of the armed forces for purposes of this subparagraph. Such regulations may specify limitations on the types, size, and number of pets for which transportation may be provided or reimbursement paid.'.

Subtitle D—Retired Pay and Survivor Benefits

SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE ON ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Extension- Subsection (m) of section 1450 of title 10, United States Code, as added by section 644 of the National Defense Authorization Act for Fiscal Year 2008, is amended in paragraph (1)(B) by striking `section 1448(a)(1) of this title' and inserting `subsection (a)(1) of section 1448 of this title or by reason of coverage under subsection (d) of such section'.

(b) Application of Amendment- The amendment made by subsection (a) shall apply with respect to the month beginning on October 1, 2008, and subsequent months as provided by paragraph (6) of subsection (m) of section 1450 of title 10, United States Code, as added by section 644 of the National Defense Authorization Act for Fiscal Year 2008.

SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT PLAN ANNUITIES DUE TO PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION AND SUPPLEMENTAL ANNUITY.

Effective as of October 28, 2004, and as if included therein as enacted, section 644(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1961; 10 U.S.C. 1450 note) is amended by adding at the end the following new paragraph:

`(3) SAVINGS PROVISION- If, as a result of the recomputation of annuities under section 1450 of title 10, United States Code, and supplemental survivor annuities under section 1457 of such title, as required by paragraph (1), the total amount of both annuities to be paid to an annuitant for a month would be less (because of the offset required by section 1450(c) of such title for dependency and indemnity compensation) than the amount that would be paid to the annuitant in the absence of recomputation, the Secretary of Defense shall take such actions as are necessary to adjust the annuity amounts to eliminate the reduction.'.

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations

SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM TEMPORARY COMMISSARY INITIATIVES FOR RESERVE COMPONENT AND RETIRED MEMBERS.

Section 2484(h) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(2) in such paragraph (4), as so redesignated, by striking `paragraph (1) or (2)' and inserting `paragraph (1), (2), or (3)'; and

(3) by inserting after paragraph (2) the following new paragraph:

`(3)(A) The Secretary of Defense may use the proceeds derived from surcharges imposed under subsection (d) in connection with sales of commissary merchandise through initiatives described in subparagraph (B) to offset the cost of such initiatives.

`(B) Subparagraph (A) applies with respect to initiatives, utilizing temporary and mobile equipment, intended to provide members of reserve components, retired members, and other persons eligible for commissary benefits, but without reasonable access to commissary stores, improved access to commissary merchandise.'.

SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF SEXUALLY EXPLICIT MATERIAL ON MILITARY INSTALLATIONS.

(a) Establishment of Resale Activities Review Board- Section 2495b of title 10, United States Code, is amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following new subsection:

`(c) Resale Activities Review Board- (1) The Secretary of Defense shall establish a nine-member board to make recommendations to the Secretary regarding whether material sold or rented, or proposed for sale or rental, on property under the jurisdiction of the Department of Defense is barred from sale or rental by subsection (a).

`(2)(A) The Secretary of Defense shall appoint six members of the board to broadly represent the interests of the patron base served by the defense commissary system and the exchange system. The Secretary shall appoint one of the members to serve as the chairman of the board. At least one member appointed under this subparagraph shall be a person with experience managing or advocating for military family programs and who is also an eligible patron of the defense commissary system and the exchange system.

`(B) The Secretary of each of the military departments shall appoint one member of the board.

`(C) A vacancy on the board shall be filled in the same manner as the original appointment.

`(3) The Secretary of Defense may detail persons to serve as staff for the board. At a minimum, the Secretary shall ensure that the board is assisted at meetings by military resale and legal advisors.

`(4) The recommendations made by the board under paragraph (1) shall be made available to the public. The Secretary of Defense shall publicize the availability of such recommendations by such means as the Secretary considers appropriate.

`(5) Members of the board shall be allowed travel expense, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the board.'.

(b) Deadline for Establishment and Initial Meeting-

(1) ESTABLISHMENT- The board required by subsection (c) of section 2495b of title 10, United States Code, as added by subsection (a), shall be established, and its initial nine members appointed, not later than 120 days after the date of the enactment of this Act.

(2) MEETINGS- The board shall conduct an initial meeting within one year after the date of the appointment of the initial members of the board. At the discretion of the board, the board may consider all materials previously reviewed under such section as available for reconsideration for a minimum of 180 days following the initial meeting of the board.

Subtitle F—Other Matters

SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE SEPARATED OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA.

(a) Discretion to Provide Exception to Termination and Repayment Requirements Under Certain Circumstances- Section 303a(e) of title 37, United States Code, is amended--

(1) in the subsection heading, by inserting `; Termination of Entitlement to Unpaid Amounts' after `Met';

(2) in paragraph (1)--

(A) by striking `A member' and inserting `(A) Except as provided in paragraph (2), a member'; and

(B) by striking `the requirements, except in certain circumstances authorized by the Secretary concerned.' and inserting `the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.'; and

(3) by redesignating paragraph (2) as subparagraph (B) of paragraph (1).

(b) Mandatory Payment of Unpaid Amounts Under Certain Circumstances; No Repayment of Unearned Amounts- Section 303a(e) of title 37, United States Code, is amended by inserting after paragraph (1), as amended by subsection (a), the following new paragraph (2):

`(2)(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned--

`(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus or similar benefit previously paid to the member; and

`(ii) shall require the payment to the member or the member's estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.

`(B) Subparagraph (A) does not apply if the death or disability of the member is the result the member's misconduct.

`(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation.

`(D) Amounts to be paid to a member or the member's estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.

`(E) In this paragraph, the term `combat-related disability' has the meaning given that term in section 1413a(e) of title 10.'.

(c) Conforming Amendments Reflecting Consolidated Special Pay and Bonus Authorities-

(1) CONFORMING AMENDMENTS- Section 373 of title 37, United States Code, as added by section 661 of the National Defense Authorization Act for Fiscal Year 2008, is amended--

(A) in subsection (a)--

(i) in the subsection heading, by inserting `and Termination' after `Repayment'; and

(ii) by inserting before the period at the end the following: `, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement'; and

(B) by striking subsection (b) and inserting the following new subsection:

`(b) Exceptions-

`(1) DISCRETION TO PROVIDE EXCEPTION TO TERMINATION AND REPAYMENT REQUIREMENTS- Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.

`(2) MANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF UNEARNED AMOUNTS- (A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned--

`(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and

`(ii) shall require the payment to the member or the member's estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.

`(B) Subparagraph (A) does not apply if the death or disability of the member is the result the member's misconduct.

`(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation.

`(D) Amounts to be paid to a member or the member's estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.

`(E) In this paragraph, the term `combat-related disability' has the meaning given that term in section 1413a(e) of title 10.'.

(2) CLERICAL AMENDMENTS-

(A) SECTION HEADING- The heading of such section is amended to read as follows:

`Sec. 373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met'.

(B) TABLE OF CONTENTS- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by striking the item relating to section 373 and inserting the following new item:

`373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met.'.