123STA T . 1 87 1 PUBLIC LA W 111 – 32 —J U NE 2 4, 2 0 0 9ti t le10,Un ite dS t a te sCo de, o r an y ot h er p ro v ision o f la w(c o m- monly referred to as a ‘ ‘stop-loss a u thority ’ ’ ) authori z in g the P resi- dent to e x tend an enlistment or period of o b ligated service, or suspend an eligibility for retirement, of a member of the uniformed services in time of war or of national emergency declared by Con- gress or the President . (b) C LAIMS S UB MISSI ONREQ UI R E D . — Claims for retroactive Stop- L oss Special Pay compensation under this section shall be submitted to the Secretary of the M ilitary D epartment concerned not later than 1 year after the date on which the implementing rules of subsection (d) ta k e effect. N otwithstanding any other provision of law, the Secretaries of the military departments may not pay claims that are submitted more than 1 year after the date on which the implementing rules of subsection (d) take effect. (c) PA Y MEN TA MOUNT.— T he amount to be paid under subsection (a) to or on behalf of an eligible member, retired member, or former member described in such subsection shall be $5 00 per month for each month or portion of a month during the period specified in such subsection that the member was retained on active duty as a result of application of the stop-loss authority. (d) RULEMA K IN G .—Not later than 1 2 0 days after the date of enactment of this Act, the Secretary of Defense shall issue rules to expedite the payment of claims under subsection (b). (e) TREATMENT O F DE C EASED MEMBERS.— I f an eligible member, retired member, or former member described in subsection (a) dies before the payment re q uired by this section is made, the Secretary concerned shall make the payment in accordance with section 2 7 71 of title 10, United States Code. (f) EX CLUSION OF CERTAIN F ORMER MEMBERS.—A former member of the Armed Forces is not eligible for a payment under this section if the former member was discharged or released from the Armed Forces under other than honorable conditions. (g) RELATION TO O T H ER STO P -LOSS SPECIAL PAY.—A member, retired member, or former member may not receive a payment under this section and stop-loss special pay under section 8 11 6 of the Department of Defense Appropriations Act, 200 9 (division C of Public Law 110 –3 29
122 Stat. 36 4 6) for the same month or portion of a month during which the member was retained on active duty as a result of application of the stop-loss authority. (h) REPORT ON EXECUTION.—The Secretary of Defense shall provide a report to the congressional defense committees on the implementation of the retroactive stop-loss benefit. The report shall include the following
the number of claims filed, the number of claims approved, the number of claims denied, the number of claims still pending, the amount of funding that has been obligated, the amount of funding still available for this purpose, and the average payment provided. This report is due 1 year after the date on which the implementing rules of subsection (d) take effect, and every 6 months thereafter until all funding provided for this purpose has been obligated and all submitted claims have been processed. SEC. 311. (a) Section 132 of the National Defense Authorization Act for Fiscal Y ear 2004 (Public Law 108–136; 117 Stat. 1392) is repealed. (b) Notwithstanding any other provision of law, the Secretary of the Air Force may retire C–5A aircraft from the inventory of the Air Force 15 days after certifying to the congressional defense committees that retiring the aircraft will not significantly increase Deadlin e .C e rt i f i c ati o n. 1 1 7S tat. 1 4 11. Deadline. Deadline.
