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 123STA T . 2331 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9asthePr es id e n tia l desi g nee deter m ines a p pr o priate in a c cord - ance w ith the standards de v eloped by the Presidential designee u nder section 10 1 ( b ) (11) .’ ’. (c) EF F ECTIV E DA TE. —T he amendments made by this section shall apply with respect to the regularly scheduled general election f or F ederal office held in N ovember 2 010 and each succeeding election for Federal office. SEC.58 5. R E P E ALOF PRO VI SIO N S RELA T IN G TO U SE OF SINGLE APPLICATION FOR ALL SU B SE Q UENT ELECTIONS. (a) ING ENE R A L .— S ubsections (a) through (d) of section 10 4 of the U niformed and O verseas C iti z ens A bsentee V oting Act (42 U.S.C. 1 973 ff – 3) are repealed. (b) C O NFOR M IN G AMEN D MENT S .—The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et se q .) is amended— (1) in section 101(b)— (A) in paragraph (2) , by stri k ing ‘ ‘, for use by States in accordance with section 104’’ and ( B ) in paragraph (4), by striking ‘‘for use by States in accordance with section 104’’; and (2) in section 104, as amended by subsection (a)— (A) in the section heading, by striking ‘‘ USEOF S INGL E AP PLI C A T ION FO R ALL SU B SE Q UENT ELECTIONS’’ and inserting ‘‘PRO H IBITION OF REFUSAL OF APPLICATIONS ON GROUN D S OF EARL Y SUB M ISSION’’; and (B) in subsection (e), by striking ‘‘(e) PRO H I B ITION OF R EF U SALOFA P PLICATIONS ON GROUNDS OF EARL Y SUBMIS- SION.—’’. SEC. 58 6 . REPORTING REQUIRE M ENTS. The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 10 5 the following new section

‘SEC. 10 5A. REPORTING REQUIREMENTS. ‘‘(a) REPORT ON STATUS OF IMPLEMENTATION AND ASSESSMENT OF PROGRAMS.—Not later than 1 8 0 days after the date of the enactment of the M ilitary and Overseas Voter Empowerment Act, the Presidential designee shall submit to the relevant committees of Congress a report containing the following information: ‘‘(1) The status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under sec- tion 103A, and a detailed description of the specific steps taken towards such implementation for the regularly scheduled gen- eral election for Federal office held in November 2010. ‘‘(2) An assessment of the effectiveness of the Voting Assist- ance Officer Program of the Department of Defense, which shall include the following: ‘‘(A) A thorough and complete assessment of whether the Program, as configured and implemented as of such date of enactment, is effectively assisting absent uniformed services voters in e x ercising their right to vote. ‘‘(B) An inventory and explanation of any areas of voter assistance in which the Program has failed to accom- plish its stated ob j ectives and effectively assist absent uni- formed services voters in exercising their right to vote. 42USC1973f f – 4 a. 42 USC 1973ff. 42 USC 1973ff note .


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 123STA T . 2332 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (C)Asnec ess ary, a d e t a il ed p lan fo rt h ei m plementa - tion of any ne w pro g ram to replace or s u pplement v oter assistance activities re q uired to b e performed under this Act . ‘‘( 3 ) A detailed description of the specific steps ta k en towards the implementation of voter registration assistance for absent uniformed services voters under section 156 6a of title 1 0, U nited S tates Code. ‘‘(b) A N N UALREPORT ON EF FE C T IV ENE S S OF ACTIVITIES AN D UTILI Z ATION OF CERTAIN P ROCEDURES. —N ot later than M arch 31 of each year, the Presidential designee shall transmit to the Presi- dent and to the relevant committees of Congress a report containing the following information ‘‘(1) An assessment of the effectiveness of activities carried out under section 103 B , including the activities and actions of the F ederal V oting Assistance Program of the D epartment of Defense, a separate assessment of voter registration and participation by absent uniformed services voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, and a description of the cooperation between States and the Federal G overnment in carrying out such section. ‘‘( 2 ) A description of the utili z ation of voter registration assistance under section 1566a of title 10, United States Code, which shall include the following: ‘‘(A) A description of the specific programs implemented by each military department of the Armed Forces pursuant to such section. ‘‘(B) T he number of absent uniformed services voters who utilized voter registration assistance provided under such section. ‘‘(3) I n the case of a report submitted under this subsection in the year following a year in which a regularly scheduled general election for Federal office is held, a description of the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 103A, which shall include the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons such ballots were not so delivered). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) A B SENT OVERSEAS UNIFOR M ED SERVICES VOTER.—The term ‘absent overseas uniformed services voter ’ has the meaning given such term in section 103A(d). ‘‘(2) PRESIDENTIAL DESI G NEE.—The term ‘Presidential des- ignee’ means the Presidential designee under section 101(a). ‘‘(3) RELEVANT COMMITTEES OF CONGRESS DEFINED.—The term ‘relevant committees of Congress’ means— ‘‘(A) the Committees on Appropriations, Armed Serv- ices, and Rules and Administration of the Senate and ‘‘(B) the Committees on Appropriations, Armed Serv- ices, and H ouse Administration of the House of Representa- tives.’’.

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 123STA T . 2333 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.587 . AN N U A LR E PO R T ON EN F ORCE M ENT. Section105 o f t h e U nifo rm e da nd Ov er s eas C iti z ens Ab sentee V otin g Act (42 U . S.C. 1 973 f – 4 ) is amended — (1) b y stri k ing ‘ ‘ T he Attorney ’ ’ and inserting ‘‘(a) INGE N - E RAL .—The Attorney’’ and (2) by adding at the end the fo l lo w ing new s u bsection ‘‘(b) R E PO R T TO CON G RE S S.— N ot later than D ecember 31 of each year , the Attorney General shall submit to Congress an annual re p ort on any civil action brought under subsection (a) during the preceding year.’’. SEC. 588. RE Q U I REMENTS PA Y MENTS. (a) USE O FFU N D S.—Section 251(b) of the H elp America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended— (1) in paragraph (1), by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and (2) by adding at the end the following new paragraph: ‘‘(3) A C T IV ITIES UNDER UNIFOR M ED AND OVERSEAS CITI Z ENS A B SENTEE VOTING ACT.—A State shall use a re q uirements pay- ment made using funds appropriated pursuant to the authoriza- tion under section 257(a)(4) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act imposed as a result of the provisions of and amendments made by the M ilitary and Overseas Voter E mpowerment Act.’’. (b) CONDITIONS FOR RECEIPT OF FUNDS.— (1) INCLUSION OF COMPLIANCE IN STATE PLAN.— (A) IN GENERAL.—Section 254(a) of the Help America Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the end the following new paragraph: ‘‘(14) How the State will comply with the provisions and requirements of and amendments made by the Military and Overseas Voter Empowerment Act.’’. ( B ) CONFORMING AMENDMENT.—Section 253(b)(1)(A) of such Act (42 U.S.C. 15403(b)(1)(A)) is amended by striking ‘‘section 254’’ and inserting ‘‘section 254(a) (or, for purposes of determining the eligibility of a State to receive a require- ments payment appropriated pursuant to the authorization provided under section 257(a)(4), contains the element described in paragraph (14) of such section)’’. (2) W AIVER OF PLAN FOR APPLICATION OF ADMINISTRATIVE COMPLAINT PROCEDURES.—Section 253(b)(2) of such Act (42 U.S.C. 15403(b)(2)) is amended— (A) by striking ‘‘(2) The State’’ and inserting ‘‘(2)(A) Sub j ect to subparagraph (B), the State’’; and (B) by adding at the end the following new subpara- graph: ‘‘(B) Subparagraph (A) shall not apply for purposes of deter- mining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 257(a)(4).’’. (3) SPECIAL RULE FOR PROVISION OF 5 PERCENT MATC H .— Section 253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is amended— (A) by striking ‘‘(5) The State’’ and inserting ‘‘(5)(A) Subject to subparagraph (B), the State’’; and (B) by adding at the end the following new subpara- graph: 42USC1973f f – 4.


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 123STA T . 233 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9‘ ‘ (B)Subpar a g rap h ( A ) s ha l l not appl yf or purpos e sof d eter -mi ning the eligibility of a State to re c ei v eare q uirements payment appropriated pursuant to the authori z ation provided under section 257 (a)( 4 ) for fiscal year 2 01 0, e x cept that if the State does not appropriate funds in accordance w ith subpara- graph (A) prior to the last day of fiscal year 2011, the State shall repay to the C ommission the requirements payment which is appropriated pursuant to such authorization .’ ’. (c) A UTHORIZA TIO N . — Section 257(a) of the H elp America V ote Act of 2002 (42 U .S.C. 15407(a)) is amended by adding at the end the following new paragraph ‘‘(4) F or fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of ma k ing requirements payments to States to carry out the activities described in section 251(b)( 3 ).’’. SEC.589 . T EC HNOL O GYPI LOT P R OGR AM . (a) DEF INITION S .— I n this section: (1) A B SENT UNIFOR M E D SER V I C ES VOTER.— T he term ‘‘absent uniformed services voter’’ has the meaning given such term in section 107(a) of the Uniformed and O verseas Citizens Absentee Voting Act (42 U.S.C. 1 9 73ff et seq.). (2) OVERSEAS VOTER.—The term ‘‘overseas voter’’ has the meaning given such term in section 107(5) of such Act. (3) P RESIDENTIA L DESI G NEE.—The term ‘‘Presidential des- ignee’’ means the individual designated under section 101(a) of such Act. (b) E STABLISHMENT.— (1) IN GENERAL.—The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.). (2) DESIGN AND CONDUCT.—The design and conduct of a pilot program established under this subsection— (A) shall be at the discretion of the Presidential des- ignee and (B) shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the partici- pation of absent uniformed services voters and military voters in elections for Federal office. (c) CONSIDERATIONS.—In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues: (1) The transmission of electronic voting material across military networks. (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information secu- rity techniques. (3) The transmission of ballot representations and scanned pictures in a secure manner. (4) Capturing, retaining, and comparing electronic and physical ballot representations. (5) Utilization of voting stations at military bases. ( 6 ) Document delivery and upload systems. 42USC1973f f – 7.


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 123STA T . 233 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(7)Thefunctio n al effecti v ene s softhea p plication o r a d op - tion of the pilot pro g ra m to operational environments , ta k ing into account environmental and logistical o b stacles and S tate procedures . (d) REPORTS . — The P residential designee shall submit to C on- gress reports on the progress and outcomes of an y pilot program conducted under this subsection, together w ith recommendations— ( 1 ) for the conduct of additional pilot programs under this section and ( 2 ) for such legislation and administrative action as the Presidential designee determines appropriate. (e) TE CHNI C ALA SSISTANCE.— (1) I N G ENERAL.—The E lection Assistance Commission and the N ational Institute of Standards and Technology shall pro- vide the Presidential designee with best practices or standards in accordance with electronic absentee voting guidelines estab- lished under the first sentence of section 1 604 (a)(2) of the National D efense Authori z ation Act for F iscal Y ear 2002 (Public L aw 107 – 107; 11 5 Stat. 1277; 42 U .S.C. 1 9 77ff note), as amended by section 567 of the Ronald W . Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 10 8 – 3 75; 118 Stat. 1919) to support the pilot program or pro- grams. (2) REPORT.—In the case in which the Election Assistance Commission has not established electronic absentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after enactment of this Act, the Election Assistance Commission shall submit to the relevant committees of Congress a report containing the following information (A) The reasons such guidelines have not been estab- lished as of such date. ( B ) A detailed timeline for the establishment of such guidelines. (C) A detailed e x planation of the Commission ’ s actions in establishing such guidelines since the date of enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1919). (3) RELE V ANT CO M MITTEES O F CONGRESS D EFINED.—In this subsection, the term ‘ ‘relevant committees of Congress’’ means— (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and H ouse Administration of the House of Representatives. (f) A U THORI Z ATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section. Subti t leI—O t h e rMa tter sSEC.591 .C LARIF ICA T I ON OF P ERFOR M ANCE POLICIES FOR MILITAR Y M U SICAL UNITS AN D MUSICIANS. (a) CLARIFICATION.—Section 974 of title 10, United States Code, is amended to read as follows:


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 123STA T . 233 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ §974.Mil i tarymus i c alu n its an d musicians
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r fo rmance policies restriction on performance in competition w it h local ci v ilian musicians ‘ ‘ (a)MIL I TARY M US I C IA N S PE R FO R M IN G IN AN O FFICIAL C A P ACITY .— ( 1 ) Amil i t a ry m us i c alu n it , an d am e m b er of t h e armed forces w ho is a member of such a unit p erformin g in an official capacity, may not engage in the performance of music in competition with local ci v ilian musicians. ‘‘( 2 ) F or purposes of paragraph (1), the following shall, e x cept as provided in paragraph ( 3 ), be included among the performances that are considered to be a performance of music in competition with local civilian musicians ‘‘(A) A performance that is more than incidental to an event that— ‘‘(i) is not supported, in whole or in part, by U nited S tates G overnment funds and ‘‘(ii) is not free to the public. ‘‘( B ) A performance of bac k ground, dinner, dance, or other social music at an event that— ‘‘(i) is not supported, in whole or in part, by United States Government funds; and ‘‘(ii) is held at a location not on a military installation. ‘‘(3) For purposes of paragraph (1), the following shall not be considered to be a performance of music in competition with local civilian musicians: ‘‘(A) A performance (including background, dinner, dance, or other social music) at an official United States Government event that is supported, in whole or in part, by United States Government funds. ‘‘(B) A performance at a concert, parade, or other event, that— ‘‘(i) is a patriotic event or a celebration of a national holiday; and ‘‘(ii) is free to the public. ‘‘(C) A performance that is incidental to an event that— ‘‘(i) is not supported, in whole or in part, by United States Government funds; or ‘‘(ii) is not free to the public. ‘‘( D ) A performance (including background, dinner, dance, or other social music) at— ‘‘(i) an event that is sponsored by a military welfare society, as defined in section 2 56 6 of this title; ‘‘(ii) an event that is a traditional military event intended to foster the morale and welfare of members of the armed forces and their families; or ‘‘(iii) an event that is specifically for the benefit or recognition of members of the armed forces, their family members, veterans, civilian employees of the Department of Defense, or former civilian employees of the Department of Defense, to the extent provided in regulations prescribed by the Secretary of Defense. ‘‘( E ) A performance (including background, dinner, dance, or other social music)— ‘‘(i) to uphold the standing and prestige of the United States with dignitaries and distinguished or prominent per - sons or groups of the United States or another nation; or


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 123STA T . 233 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (i i ) i nsup p ort o f fost e rin ga n d sustaining a c ooperati v e re l ations h ip w ith another nation . ‘‘( b ) PROHIB I T IO N O FM I L IT A R Y M US I C IANS A CC EP TIN G A D DI - TIONAL R E M UNERATION FOR O FFICIAL PERFORMANCES. — A m ilitar y musical unit , and a member of the armed forces who is a member of such a unit performing in an official capacity, may not receive remuneration for an official performance, other than applicable military pay and allowances. ‘‘(c) RECORDINGS.—( 1 ) W hen authori z ed under regulations pre- scribed by the S ecretary of D efense for purposes of this section, a military musical unit may produce recordings for distribution to the public, at a cost not to e x ceed expenses of production and distribution. ‘‘( 2 ) Amounts received in payment for a recording distributed to the public under this subsection shall be credited to the appro- priation or account providing the funds for the production of the recording. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and sub j ect to the same conditions and limitations, as amounts in such appropriation or account. ‘‘(d) PERFORMANCES AT F OREIGN L OCATIONS.—Subsection (a) does not apply to a performance outside the U nited States, its commonwealths, or its possessions. ‘‘(e) MILITARY MUSICAL UNIT DEFINED.— I n this section, the term ‘military musical unit ’ means a band, ensemble, chorus, or similar musical unit of the armed forces.’’. (b) C LERICAL AMENDMENT.— T he item relating to such section in the table of sections at the beginning of chapter 49 of such title is amended to read as follows

‘ 974.Mil i tarymus i c alu n its an d musicians
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r fo rmance policies restriction on per - formance in competition w it h local ci v ilian musicians. ’ ’. SEC.592 . NAVYGR AN T S FO R PU RPOSES OF NAVA L SEA CA D ET CORPS. (a) G RANTS AUTHORI Z ED.—Chapter 6 4 7 of title 1 0, United States Code, is amended by inserting after section 7 5 41a the fol- lowing new section: ‘ ‘ §7541b.Authori t y to makeg ra n t sf or p urposes of N a v a lS ea C a d et Corps ‘‘Subject to the availability of funds for this purpose, the Sec- retary of the N avy may ma k e grants to support the purposes of Naval Sea Cadet Corps, a federally chartered corporation under chapter 1541 of title 3 6.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 647 of such title is amended by inserting after the item relating to section 7541a the following new item: ‘‘7 5 4 1b . A uthority to ma k e g rants for purposes of N aval S ea C adet Corps.’’. SEC. 59 3 . M OD I FICATION OF MATC H ING FUND RE Q UIREMENTS UNDER NATIONAL GUARD YOUTH CHALLENGE PROGRAM. (a) AUTHORITY TO INCREASE DOD SHARE OF PROGRAM.—Section 509(d)(1) of title 32, United States Code, is amended by striking ‘‘60 percent of the costs’’ and inserting ‘‘75 percent of the costs’’. (b) E FFECTI V E DATE.—The amendment made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to fiscal years beginning on or after that date. 32USC509note.


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 123STA T . 233 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9SEC.594 .E XPAN S IO NO FM I L I T A RY LEA D ERS H IP DI V ERSITY COMMIS - SION TO INCL U DE RESERVE COMPONENT REPRESENTA- TIVES. Section596(b) ( 1 )o f t h e Du nc a n H unte rN ationa l Defen s e A uthori z ation Act for F iscal Y ear 20 09( P ublic L a w 110 –4 1 7; 122 Stat . 4476) is a m en d edb y stri k in g sub p aragraphs ( C ) , (D), ( E ) and inserting the following new subparagraphs

‘(C) An acti v e commissioned officer from each of the Army, Navy, Air Force, and M arine Corps, an active commissioned officer from the National G uard, and an active commissioned officer from the R eserves, each of whom serves or has served in a leadership position with either a military department command or combatant com - mand. ‘‘(D) A retired general or flag officer from each of the Army, Navy, Air Force, and Marine Corps, a retired general or flag officer from the National Guard, and a retired general or flag officer from the Reserves. ‘‘(E) A retired noncommissioned officer from each of the Army, Navy, Air Force, and Marine Corps, a retired noncommissioned officer from the National Guard, and a retired noncommissioned officer from the Reserves. ’ ’. SEC. 595. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY HEALIN G AND RESPONSE TRAINING UNDER THE YELLO W RI B BON REINTEGRATION PROGRAM. Section 5 8 2 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U .S.C. 10101 note) is amended — (1) in subsection (h)— (A) by striking paragraph ( 3 ); and ( B ) by redesignating paragraphs (4) through (15) as paragraphs (3) through (14), respectively; and (2) by adding at the end the following new subsection: ‘‘(i) S UIC I DE P R E V E NT I O N A ND CO M MUNIT Y HEA L IN G AND RE SP ONSE PROGRAM.— ‘‘(1) ESTA B LIS H MENT.—As part of the Yellow Ribbon Re- integration Program, the O ffice for Reintegration Programs shall establish a program to provide National Guard and Reserve members and their families, and in coordination with community programs, assist the communities, with training in suicide prevention and community healing and response to suicide. ‘‘(2) DESIGN.— I n establishing the program under paragraph (1), the Office for Reintegration Programs shall consult with— ‘‘(A) persons that have e x perience and expertise with combining military and civilian intervention strategies that reduce risk and promote healing after a suicide attempt or suicide death for National Guard and Reserve members; and ‘‘(B) the ad j utant general of each State, the Common- wealth of Puerto Rico, the District of Columbia, Guam, and the V irgin Islands. ‘‘(3) OPERATION.— ‘‘(A) SUICIDE PREVENTION TRAINING.— T he Office for Re- integration Programs shall provide National Guard and Reserve members with training in suicide prevention. Such training shall include—


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 123STA T . 233 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 ‘ ‘ (i)descr i b i ngth e wa rning signs fo rs u icide and teaching effecti v e strategies for p revention and inter - vention ‘‘(ii) e x a m ining the inf l uence of militar y culture on ris k and protective factors for suicide; and ‘‘(iii) engaging in interactive case scenarios and role plays to practice effective intervention strategies . ‘‘( B ) COM M UNITYHEAL IN G AN DR E SP ONSE TRAINING. —T he O ffice for R eintegration P rograms shall provide the families and communities of N ational G uard and Reserve members with training in responses to suicide that promote individual and community healing. S uch training shall include— ‘‘(i) enhancing collaboration among community members and local service providers to create an integrated , coordinated community response to suicide; ‘‘(ii) communicating best practices for preventing suicide, including safe messaging, appropriate memo- rial services, and media guidelines; ‘‘(iii) addressing the impact of suicide on the mili- tary and the larger community, and the increased risk that can result; and ‘‘(iv) managing resources to assist key community and military service providers in helping the families, friends, and fellow soldiers of a suicide victim through the processes of grieving and healing. ‘‘(C) COLLA B ORATION W ITH C ENTERS O F E X CELLENCE.— The Office for Reintegration Programs, in consultation with the D efense Centers of E xcellence for Psychological H ealth and Traumatic Brain I n j ury, shall collect and analy z e ‘les- sons learned ’ and suggestions from State National Guard and Reserve organizations with existing or developing sui- cide prevention and community response programs. ‘‘( 4 ) TERMINATION.—The program established under this subsection shall terminate on October 1, 20 12.’’. SEC.596 .C OMPR E H E N S IV EP LA N ON PREVEN T ION ,D IA G NOSIS, AND TREATMENT O F S UB STANCE USE DISORDERS AND DIS - POSITION OF SUBSTANCE ABUSE OFFENDERS IN THE ARMED FORCES. (a) RE V IEW AND A SSESSMENT OF CURRENT CAPABILITIES.— (1) IN GENERAL.—Not later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct a comprehensive review of the following (A) The programs and activities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed F orces. (B) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation. (2) ELEMENTS.—The review conducted under paragraph (1) shall include an assessment of each of the following: (A) The current state and effectiveness of the programs of the Department of Defense and the military departments Deadlin e .10USC 10 7 1 n ot e.


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 123STA T . 23 40PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9relating t o t h e p re v ention ,d iagno s is, and treat m ent o f s ub- stan c e use disorders .(B)T he ade q uac y of the availability of care, and access to care, for substance abuse in military medical treatment facilities and under the T RICA R E program. (C) The adequacy of oversight by the D epartment of Defense of programs relating to the prevention, diagnosis, and treatment of substance abuse in members of the Armed F orces. (D) The adequacy and appropriateness of current credentials and other requirements for healthcare profes- sionals treating members of the Armed Forces w ith sub- stance use disorders. (E) The advisable ratio of physician and nonphysician care providers for substance use disorders to members of the Armed Forces with such disorders. (F) The adequacy and appropriateness of protocols and directives for the diagnosis and treatment of substance use disorders in members of the Armed Forces and for the disposition, including disciplinary action and adminis- trative separation, of members of the Armed Forces for substance abuse. ( G ) The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces, including an identification of any obstacles that are unique to the prevention, diagnosis, and treatment of substance use dis- orders among members of the reserve components, and the appropriate disposition, including disciplinary action and administrative separation, of members of the reserve components for substance abuse. ( H ) The adequacy of the prevention, diagnosis, and treatment of substance use disorders in dependents of mem- bers of the Armed Forces. (I) Any gaps in the current capabilities of the Depart- ment of Defense for the prevention, diagnosis, and treat- ment of substance use disorders in members of the Armed Forces. ( 3 )R EPORT . —N ot later than 180 days after the date of the enactment of this Act, the S ecretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the findings and recommendations of the Secretary as a result of the review conducted under paragraph (1). The report shall— (A) set forth the findings and recommendations of the Secretary regarding each element of the review specified in paragraph ( 2 ) (B) set forth relevant statistics on the frequency of substance use disorders, disciplinary actions, and adminis- trative separations for substance abuse in members of the regular components of the Armed Forces, members of the reserve component of the Armed Forces, and to the e x tent applicable, dependents of such members (including spouses and children); and


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 123STA T . 23 4 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(C)includes uc hot he rf indin g s a nd reco m mendations on im p ro v ements to the current capa b ilities of the D epart - ment of Defense for the prevention , diagnosis, and treat- ment of substance use disorders in members of the A rmed F orces and the policies relating to the disposition, including disciplinar y action and administrative separation, of mem- bers of the Armed Forces for substance abuse, as the S ec- retary considers appropriate . (b) PLANFORIMP RO VE MEN T AN DE N H AN C EMENT OF PRO G RAM S AND POL I CIES. — ( 1 ) PLAN RE QU IRED.— N ot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a com- prehensive plan for the improvement and enhancement of the follo w ing (A) T he programs and activities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependents. ( B ) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation. (2) BASIS.—The comprehensive plan re q uired by paragraph (1) shall ta k e into account the following: (A) The results of the review and assessment conducted under subsection (a). (B) Similar initiatives of the Secretary of V eterans Affairs to e x pand and improve care for substance use dis- orders among veterans, including the programs and activi- ties conducted under title I of the Veterans ’M ental H ealth and O ther Care Improvements Act of 200 8 (Public L aw 110 –3 87 112 Stat. 4 112). (3) COMPREHENSIVE STATEMENT OF POLIC Y .—The com- prehensive plan required by paragraph (1) shall include a com- prehensive statement of the following: (A) The policy of the Department of Defense regarding the prevention, diagnosis, and treatment of substance use disorders in members of the Armed Forces and their dependents. (B) The policies of the Department of Defense relating to the disposition of substance abuse offenders in the Armed Forces, including disciplinary action and administrative separation. (4) AVAILA B ILITY OF SERVICES AND TREATMENT.—The com- prehensive plan required by paragraph (1) shall include mecha- nisms to ensure the availability to members of the Armed Forces and their dependents of a core of evidence-based prac- tices across the spectrum of medical and non-medial services and treatments for substance use disorders, including the reestablishment of regional long-term inpatient substance abuse treatment programs. The Secretary may use contracted services for not longer than three years after the date of the enactment of this Act to perform such inpatient substance abuse treatment until the Department of Defense reestablishes this capability within the military health care system. Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/2362

 123STA T . 23 4 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(5)PREV E NTIO N A N D RED UC TION O F DI S ORDERS .—Thecom-pr ehe nsiv ep la nre qu ire dby para g raph ( 1 ) shall include mecha- nisms t o f acilitate the prevention and reduction of substance use disorders in members of the A rmed F orces through science- based initiatives , including education programs, for members of the Armed Forces and their dependents. ( 6 ) SP ECIFIC INSTRUCTIONS.—The comprehensive plan required by paragraph (1) shall include each of the follo w ing (A) SU B STANCES OF ABUSE.— I nstructions on the prevention, diagnosis, and treatment of substance abuse in members of the Armed Forces, including the abuse of alcohol, illicit drugs, and nonmedical use and abuse of prescription drugs. ( B ) H EA L T H CARE PROFESSIONALS.—Instructions on— (i) appropriate training of healthcare professionals in the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces (ii) appropriate staffing levels for healthcare professionals at military medical treatment facilities for the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces; and (iii) such uniform training and credentialing requirements for physician and nonphysician healthcare professionals in the prevention, screening, diagnosis, and treatment of substance use disorders in members of the Armed Forces as the Secretary considers appropriate. ( C ) SERVICES FOR DEPENDENTS.—Instructions on the availability of services for substance use disorders for dependents of members of the Armed Forces, including instructions on ma k ing such services available to depend- ents to the ma x imum extent practicable. ( D ) R ELATIONSHIP BET W EEN DISCIPLINAR Y ACTION AND TREAT M ENT.—Policy on the relationship between discipli- nary actions and administrative separation processing and prevention and treatment of substance use disorders in members of the Armed Forces. ( E ) CONFIDENTIALITY.—Recommendations regarding policies pertaining to confidentiality for members of the Armed Forces in seeking or receiving services or treatment for substance use disorders. (F) PARTICIPATION OF CHAIN OF COMMAND.—Policy on appropriate consultation, reference to, and involvement of the chain of command of members of the Armed Forces in matters relating to the diagnosis and treatment of sub- stance abuse and disposition of members of the Armed Forces for substance abuse. ( G ) CONSIDERATION OF G ENDER.—Instructions on gender specific requirements, if appropriate, in the preven- tion, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces, including gender specific care and treatment requirements. (H) COORDINATION WITH OTHER HEALTHCARE INITIA- TIVES.—Instructions on the integration of efforts on the


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Page:United States Statutes at Large Volume 123.djvu/2363

 123STA T . 23 4 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9prev e ntio n ,d i ag no s is, treat m ent, and management o f s ub- stan c e use disorders in members of t h e A rmed F orces w ith efforts to address co-occurring hea l th care disorders ( such as post-traumatic stress disorder and depression ) and sui- cide prevention . ( 7 ) OTHER E L E M E N T S . —I n addition to the matters specified in paragraph ( 3 ), the comprehensive plan re q uired b y para- graph ( 1 ) shall include the following (A) IM P LEMENT A T IO N PLAN.—An implementation plan for the achievement of the goals of the comprehensive plan, including goals relating to the following: (i) E nhanced education of members of the Armed Forces and their dependents regarding substance use disorders. (ii) Enhanced and improved identification and diagnosis of substance use disorders in members of the Armed Forces and their dependents. (iii) Enhanced and improved access of members of the Armed Forces to services and treatment for and management of substance use disorders. (iv) Appropriate staffing of military medical treat- ment facilities and other facilities for the treatment of substance use disorders in members of the Armed Forces. ( B ) BEST PRA C TICES.— T he incorporation of evidence- based best practices utili z ed in current military and civilian approaches to the prevention, diagnosis, treatment, and management of substance use disorders. ( C )A V AILA B LE RESEARCH.—The incorporation of applicable results of available studies, research, and aca- demic reviews on the prevention, diagnosis, treatment, and management of substance use disorders. ( 8 ) U P D ATE IN LI G HTO F INDEPENDENT ST U D Y .—Upon the completion of the study required by subsection (c), the S ecretary of D efense shall— (A) in consultation with the Secretaries of the military departments, ma k e such modifications and improvements to the comprehensive plan required by paragraph (1) as the Secretary of Defense considers appropriate in light of the findings and recommendations of the study and (B) submit to the congressional defense committees a report setting forth the comprehensive plan as modified and improved under subparagraph (A). (c) INDEPENDENT R EPORT ON SUBSTANCE USE DISORDERS P RO- GRAMS FOR M EMBERS OF THE ARMED FORCES.— (1) STUDY RE Q UIRED.—Upon completion of the policy review required by subsection (a), the Secretary of Defense shall pro- vide for a study on substance use disorders programs for mem- bers of the Armed Forces to be conducted by the Institute of Medicine of the N ational Academies of Sciences or such other independent entity as the Secretary shall select for pur- poses of the study. ( 2 ) ELEMENTS.—The study required by paragraph (1) shall include a review and assessment of the following: (A) The adequacy and appropriateness of protocols for the diagnosis, treatment, and management of substance use disorders in members of the Armed Forces. Reports.


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Page:United States Statutes at Large Volume 123.djvu/2364

 123STA T . 23 4 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(B)Thead e qu a cyoft hea v a il a b ility of a n d acce s s to ca r e for substance use disorders in m ilitary medical treatment facilities and under the T RICA R Ep ro g ram . (C) The adequacy and appropriateness of current credentials and other requirements for physician and non - physician healthcare professionals treating members of the Armed F orces w ith substance use disorders. ( D ) The advisable ratio of physician and non-physician care providers for substance use disorders to members of the Armed Forces with such disorders. (E) The adequacy of the availability of and access to care for substance use disorders for members of the reserve components of the Armed Forces when compared with the availability of and access to care for substance use disorders for members of the regular components of the Armed Forces. (F) The adequacy of the prevention , diagnosis, treat- ment, and management of substance use disorders pro- grams for dependents of members of the Armed Forces, whether such dependents suffer from their own substance use disorder or because of the substance use disorder of a member of the Armed Forces. ( G ) S uch other matters as the Secretary considers appropriate for purposes of the study. ( 3 )R EPORT . —N ot later than two years after the date of the enactment of this Act, the entity conducting the study required by paragraph ( 1 ) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the study. The report shall set forth the findings and recommendations of the entity as a result of the study. SEC.597 . R E PO R T SO NY E L LO W R IB BON REINTE G R A TION PROGRA M AN D OT H ER REINTEGRATION PROGRAMS. (a) REPORT O N RE I NTE G R A TION P ROGRA MS GENERA L L Y .—Not later than 1 80 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the various reintegration programs being administered in support of members of the National Guard and Reserves and their families. (b) A D DITIONAL ELEMENTS O F ANN U AL REPORTS ON Y ELLO W RI B BON REINTEGRATION PROGRAM.—The annual reports on the Yel- low Ribbon Reintegration Program under section 5 8 2 of the National Defense Authori z ation Act for Fiscal Year 2008 (Public L aw 110 – 181 122 Stat. 122; 10 U .S.C. 10101 note) that are submitted under subsection (e)( 4 ) of such section after the date of the enactment of this Act shall include the following (1) In the first such annual report submitted after the date of the enactment of this Act— (A) a description and assessment of the implementation of the Yellow Ribbon Reintegration Program in fiscal year 200 9, including— (i) an assessment of best practices from pilot pro- grams offered by various States to provide services to supplement the services available through the Yel- low Ribbon Reintegration Program; and


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Page:United States Statutes at Large Volume 123.djvu/2365

 123STA T . 23 45PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(i i )an a s s e ss m en tof t h e feasi b i l it y of in c o rp oratin g s u ch practices into the Y ello wR ibbon Reintegration P rogram an d ( B ) current plans for the further implementation of the Yellow Ribbon Reintegration Program during fiscal year 201 0 . (2) A list of the accounts (including accounts of the military departments and accounts for the O ffice of the S ecretary of D efense) from which funds for the Yellow Ribbon Reintegration Program were deri v ed during the most recent fiscal year , and ane x planation why such accounts were the source of funding for programs and activities under the Yellow Ribbon Reintegra - tion Program. ( 3 ) An assessment of the extent to which funding for the Yellow Ribbon Reintegration Program during the most recent fiscal year supported robust j oint programs that provided re- integration and support services to members of the N ational G uard and Reserves and their families regardless of Armed F orce with which served. ( 4 ) An assessment of the extent to which programs and activities under the Yellow Ribbon Reintegration Program during the preceding year were coordinating closely with appro- priate programs and activities of the Department of V eterans Affairs. ( 5 ) A description of current strategies to mitigate difficulties in sustaining attendance at events under the Yellow Ribbon Reintegration Program, and an explanation why funds, if any, that are available for the Yellow Ribbon Reintegration Program but remain unexpended have not been used for the Yellow Ribbon Reintegration Program. SEC.598 . R E PO R T SO N PRO G RESS I NCO M P L ETION O F CERT A IN INCI D ENT INFORMATION MANAGEMENT TOOLS. Not later than 120 days after the date of the enactment of this Act, and every six months thereafter, the Secretary of Defense shall submit to the C ommittees on Armed Services of the Senate and the H ouse of Representatives a report detailing the progress of the Secretary with respect to the completion of the following (1) T he Defense I ncident-Based Reporting System. (2) The Defense Sexual Assault Incident Database. TI T LEV I —COMP E NSA TION AN D OT H E R PERSONNEL B ENE F ITS Subti t leA—Pay a nd All ow an c e s Sec .601 . F iscal yea r2 010 increase in m ilitary basic p ay. Sec. 602. I ncrease in ma x imum mont h ly amount o f supplemental subsistence allow - ance for low-income members with dependents. Sec. 60 3 . Special compensation for members of the uniformed ser v ices with cata- strophic in j uries or illnesses re q uirin g assistance in everyday living. Sec. 60 4 . B enefits under Post- D eployment /M obili z ation R espite Absence program for certain periods before implementation of program. Sec. 60 5 . Report on housing standards and housing surveys used to determine basic allowance for housing. Sec. 606. C omptroller G eneral comparative assessment of military and private-sec- tor pay and benefits. 10USC 11 3note.


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Page:United States Statutes at Large Volume 123.djvu/2366

 123STA T . 23 46PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leB— B on u s es a n d S p e c ial and I ncenti v e P a y s Sec .61 1. O ne - yea r e x tension o f certain bonus and special pay aut h orities for re- serve forces. Sec. 61 2 . One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 61 3 . One-year extension of special pay and bonus authorities for nuclear offi- cers. Sec. 61 4 . One-year extension of authorities relatin g to title 3 7 consolidated special pay , incentive pay, and bonus authorities. Sec. 61 5 . One-year extension of authorities relating to pay m ent of other title 37 bo- nuses and special pays. Sec. 616. One-year extension of authorities relating to payment of referral bonuses. Sec. 617. T echnical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar bene- fits for certain members. Sec. 61 8 . Proration of certain special and incentive pays to reflect time during w hich a member satisfies eligibility re q uirements for the special or in- centive pay. Sec. 61 9 . A dditional assignment pay or special duty pay authori z ed for members agreeing to serve in Afghanistan for extended periods. Sec. 62 0 . Temporary authority for monthly special pay for members of the Armed F orces sub j ect to continuing active duty or service under stop-loss au- thorities. Sec. 621. Army authority to provide additional recruitment incentives. Sec. 622. R eport on recruitment and retention of members of the Air Force in nu- clear career fields. Subtitle C —Travel and Transportation Allowances Sec. 631. Travel and transportation for survivors of deceased members of the uni- formed services to attend memorial ceremonies. Sec. 632. Travel and transportation allowances for designated individuals of wounded, ill, or injured members of the uniformed services for duration of inpatient treatment. Sec. 633. Authorized travel and transportation allowances for non-medical attend- ants for very seriously and seriously wounded, ill, or injured members. Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on ac- tive duty and their dependents for travel for specialty care under excep- tional circumstances. Sec. 635. Report on adequacy of weight allowances for transportation of baggage and household effects for members of the uniformed services. Subtitle D —Disability, Retired Pay, and Survivor Benefits Sec. 641. Transition assistance for reserve component members injured while on ac- tive duty. Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. Sec. 643. E lection to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement. Sec. 644. Report on re-determination process for permanently incapacitated de- pendents of retired and deceased members of the Armed Forces. Sec. 645. Treatment as active service for retired pay purposes of service as member of Alas k a Territorial G uard during W orld War II. Subtitle E—Commissary and N onappropriated Fund Instrumentality Benefits and Operations Sec. 651. L imitation on Department of Defense entities offering personal informa- tion services to members and their dependents. Sec. 652. Report on impact of purchasing from local distributors all alcoholic bev- erages for resale on military installations on Guam. Subtitle F—Other M atters Sec. 661. Limitations on collection of overpayments of pay and allowances erro- neously paid to members. Sec. 662. Sense of Congress on airfares for members of the Armed Forces. Sec. 663. Sense of Congress on establishment of flexible spending arrangements for the uniformed services. Sec. 664. Sense of Congress regarding support for compensation, retirement, and other military personnel programs.


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Page:The complete poems of Emily Bronte.djvu/385

Rh And vainly did you drive me far

With leagues of ocean stretched between:

My mortal flesh you might debar,

But not the eternal fire within.

My monarch died to rule for ever

A heart that can forget him never,

And dear to me, aye doubly dear,

Thoughts shut within the silent tomb,

His name shall be for whoso bear

This long sustained and hopeless doom.

And brighter in the hour of woe

Than in the blaze of victory's pride

That glory-shedding star shall glow

For which we fought and bled and died.


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Page:United States Statutes at Large Volume 123.djvu/2367

 123STA T . 23 47PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leA—Pay a nd All ow an c e sSEC.601 . FI SC ALY EA R2 010 I N CREASE IN M ILI T ARY B ASIC P AY. (a)WAIVEROFS E CT IO N10 0 9ADJUS T M ENT .—The a djustm e n t t ob e c ome e f fect iv edu r in g fisca ly ear 2 010 re q uired by section 1009 of title 37,U nited States C ode, in the rates of monthly basic p ay authori z ed members of the uniformed services shall not be made. (b) I NCREASE IN B ASIC P A Y .— E ffective on J anuary 1, 2010, the rates of monthly basic pay for members of the uniformed serv - ices are increased by 3. 4 percent. SEC. 602. INCREASE IN MA X IM U MM O NT H LY AMOUNT OF SUPPLE - MENTAL SUBSISTENCE ALLO W ANCE FOR LOW-INCOME MEMBERS WITH D EPENDENTS. (a) INCREASE IN M A X IMUM MONT HL Y AMOUNT.—Section 402a(a) of title 37, United States Code, is amended— (1) in paragraph (2), by stri k ing ‘ ‘ $5 00 ’ ’ and inserting ‘‘$1,100’’ and (2) in paragraph (3)(B), by striking ‘‘$500’’ and inserting ‘‘$1,100’’. (b) EFFECTIVE D ATE.—The amendments made by subsection (a) shall take effect on O ctober 1, 2009, and shall apply w ith respect to monthly supplemental subsistence allowances for low- income members with dependents payable on or after that date. (c) R E P ORT ON ELIMINATION OF RELIANCE ON SUPPLEMENTAL N UTRITION ASSISTANCE PRO G RAM TO MEET NUTRITIONAL NEEDS OF MEM B ERS OF THE ARMED F ORCES AND THEIR DEPENDENTS.— I22 (1) IN GENERAL.—Not later than September 1, 2010, the Secretary of Defense, in consultation with the Secretary of Agri- culture, shall submit to the congressional defense committees a report setting forth a plan for actions to eliminate the need for members of the Armed Forces and their dependents to rely on the supplemental nutrition assistance program under the Food and Nutrition Act of 200 8 (7 U.S.C. 2011 et seq.) for their monthly nutritional needs. (2) ELEMENTS.—The plan required by paragraph (1) shall address the following (A) An appropriate amount or amounts for the monthly supplemental subsistence allowance for low-income mem- bers with dependents payable under section 402a of title 37, United States Code. (B) Such modifications, if any, to the eligibility require- ments for the monthly supplemental subsistence allowance, including limitations on the ma x imum size of the household of a member for purposes of eligibility for the allowance, as the Secretary of Defense considers appropriate. (C) The advisability of requiring members of the Armed Forces to apply for the monthly supplemental subsistence allowance before seeking assistance under the supple- mental nutrition assistance program and to notify their commanding officer if they are accepted for participation in the supplemental nutrition assistance program. (D) A method for accurately determining the total number of members of the Armed Forces who are partici- pating in the supplemental nutrition assistance program. 37USC402anote.Ef fe c t iv e d ate. 37 USC 1 00 9 note.


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Page:United States Statutes at Large Volume 123.djvu/2368

 123STA T . 23 48PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(E)Suchot h erma tter s as the Secretar y o fD efe n se cons id ers a p propriate .SEC.603 . S P EC IAL C OM PE N SA T ION F O R MEM B ERSOFT H E U NI - FORME D SER V ICES W ITH CATASTROPHIC IN J URIES OR ILLNESSES RE Q UIRIN G ASSISTANCE IN EVER Y DAY LIVING. (a) INGE NE RAL . —C hapter 7 of tit l e 3 7 ,U nited States Code, is amended b y addin g at the end the follo w ing new section

‘ §439.Special c om pe ns a t ion mem b e r so f t h e u niforme d ser v ices w ith catastrophic in j uries or illnesses re q uirin g assistance in ever y day living ‘ ‘(a) MO N TH L Y CO MP EN S AT I ON AU THORI Z E D .— T he Secretary con - cerned may pay to any member of the uniformed ser v ices described in subsection (b) monthly special compensation in an amount deter- mined under subsection (c). ‘‘(b) CO V ERED MEM B ERS.—A member eligible for monthly special compensation authori z ed by subsection (a) is a member who— ‘‘( 1 ) has a catastrophic in j ury or illness that was incurred or aggravated in the line of duty ‘‘( 2 ) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions re q uired in everyday living; ‘‘(3) in the absence of the provision of such assistance, would require hospitalization, nursing home care, or other resi- dential institutional care; and ‘‘( 4 ) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of H omeland Security, with respect to the Coast Guard) prescribes for purposes of this section. ‘‘(c) AMOUNT.—(1) The amount of monthly special compensation payable to a member under subsection (a) shall be determined under criteria prescribed by the Secretary of Defense (or the Sec- retary of Homeland Security, with respect to the Coast Guard), but may not e x ceed the amount of aid and attendance allowance authorized by section 1114(r)(2) of title 3 8 for veterans in need of aid and attendance. ‘‘(2) In determining the amount of monthly special compensa- tion, the Secretary concerned shall consider the following: ‘‘(A) The extent to which home health care and related services are being provided by the Government. ‘‘( B ) The value of the aid and attendance care necessary to assist the member in performing the personal functions required in everyday living, to be determined regardless of the sources of the care (other than the source identified in subparagraph (A)) actually being provided to the member. ‘‘(d) DURATION.—The eligibility of a member to receive special monthly compensation under subsection (a) expires on the earlier of the following: ‘‘(1) The last day of the month during which a 90 -day period ends that begins on the date of the separation or retire- ment of the member. ‘‘(2) The last day of the month during which the member dies. ‘‘(3) The last day of the month during which the member is determined to be no longer afflicted with the catastrophic injury or illness referred to in subsection (b)(1). Crite ri a.


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Page:United States Statutes at Large Volume 123.djvu/2369

 123STA T . 23 49PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 ‘ ‘ (4)Thelastd a yof the m o n th pr e c ed i n g the month d u ring w hich the mem b er begins recei v ing compensation under section 1 114(r)( 2 ) of title 38. ‘‘(e) CONSTRUC T I ON W IT HO TH E R PAY AN DAL LO W ANCES. —M onthly special compensation payable to a member under this section is in addition to any other pay and allowances payable to the member by law. ‘‘(f) B ENE F IT I NFOR M ATION.—(1) The S ecretary of D efense , in collaboration with the Secretary of V eterans Affairs, shall ensure that members of the uniformed services who may be eligible for compensation under this section are made aware of the availability of such compensation by including information about such com - pensation in written and online materials for such members and their families. ‘‘(2) The Secretary of Defense shall ensure that a member eligible to receive special monthly compensation under this section is aware that the member ’ s eligibility for such compensation will e x pire pursuant to subsection (d)(1) after the end of the 90 -day period that begins on the date of the separation or retirement of the member even though the member has not begun to receive compensation under section 1114(r)(2) of title 38 before the end of such period. ‘‘(g) CATASTRO P HIC IN J URY OR ILLNESS DEFINED.—In this sec- tion, the term ‘catastrophic in j ury or illness’ means a permanent, severely disabling injury, disorder, or illness that the Secretary concerned determines compromises the ability of the afflicted person to carry out the activities of daily living to such a degree that the person re q uires— ‘‘(1) personal or mechanical assistance to leave home or bed or ‘‘(2) constant supervision to avoid physical harm to self or others. ‘‘(h) R E G ULATIONS.—The Secretary of Defense (or the Secretary of H omeland Security, with respect to the Coast G uard) shall pre- scribe regulations to carry out this section.’’. (b) REPORT TO CONGRESS.— (1) IN GENERAL.— N ot later than one year after the date of the enactment of this Act, the Secretary of Defense (and the Secretary of Homeland Security, with respect to the Coast Guard) shall submit to Congress a report on the provision of compensation under section 439 of title 3 7, U nited States Code, as added by subsection (a) of this section. (2) E LEMENTS.—The report required by paragraph (1) shall include the following (A) An estimate of the number of members of the uniformed services eligible for compensation under such section 439. (B) The number of members of the uniformed services receiving compensation under such section. (C) The average amount of compensation provided to members of the uniformed services receiving such com- pensation. (D) The average amount of time required for a member of the uniformed services to receive such compensation after the member becomes eligible for such compensation. (E) A summary of the types of injuries, disorders, and illnesses of members of the uniformed services receiving Webposting.


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Page:United States Statutes at Large Volume 123.djvu/2370

 123STA T . 23 50PUBLIC LA W 111 –84—O CT. 28 , 200 9such c ompen s ati on that ma d e such mem b e r se l i g ible f or such compensation .( c )CLERICA L AM E ND MEN T . —T he table of sections at the begin - ning of chapter 7 of such title is amended b y adding at the end the follo w ing new item

‘ 439.Special c om pe ns a t ion mem b e r so f t h e u niforme d ser v ices w ith catastrophic in -j uries or illnesses re q uirin g assistance in ever y day living. ’ ’. SEC.604 . B E N E FIT S U N D E RPO ST - DEP L O YM ENT / MOBILI ZA TION RES- PITE ABSENCE PRO G RAM FOR CERTAIN PERIODS BEFORE IMPLEMENTATION OF PROGRAM. (a) I N G ENERAL.— U nder regulations prescribed by the S ecretary of D efense , the Secretary concerned may pro v ide any member or former member of the Armed F orces with the benefits specified in subsection (b) if the member or former member would, on any day during the period beginning on J anuary 19, 20 07, and ending on the date of the implementation of the P ost-Deployment /M obili z a- tion R espite Absence (PDMRA) program by the Secretary concerned, have q ualified for a day of administrative absence under the Post- Deployment/Mobilization Respite Absence program had the program been in effect during such period. (b) B ENE F IT S .—The benefits specified in this subsection are the following: (1) In the case of an individual who is a former member of the Armed Forces at the time of the provision of benefits under this section, payment of an amount not to e x ceed $ 200 for each day the individual would have qualified for a day of administrative absence as described in subsection (a) during the period specified in that subsection. (2) In the case of an individual who is a member of the Armed Forces at the time of the provision of benefits under this section, either one day of administrative absence or pay- ment of an amount not to exceed $200, as selected by the Secretary concerned, for each day the individual would have qualified for a day of administrative absence as described in subsection (a) during the period specified in that subsection. (c) EX CL U SI O N OF CERTAIN FORMER MEM B ERS.—A former member of the Armed Forces is not eligible under this section for the benefits specified in subsection (b)(1) if the former member was discharged or released from the Armed Forces under other than honorable conditions. (d) FORM OF PA Y MENT.—The paid benefits providable under subsection (b) may be paid in a lump sum or installments, at the election of the Secretary concerned. (e) CONSTRUCTION W IT HO THER PAY AND L EA V E.—The benefits provided a member or former member of the Armed Forces under this section are in addition to any other pay, absence, or leave provided by law. (f) DEFINITIONS.—In this section: (1) The term ‘ ‘Post-Deployment/Mobilization Respite Absence program ’ ’ means the program of a military department to provide days of administrative absence not chargeable against available leave to certain deployed or mobilized mem- bers of the Armed Forces in order to assist such members in reintegrating into civilian life after deployment or mobiliza- tion. Regulations.


text: Dictionary of National Biography, 1885-1900/Moore, Edward (1712-1757)


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 123STA T . 23 5 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)Thet e rm‘ ‘ S e c ret a r y c on cerne d’ ’ha s the mean i n g gi v en that term in section 10 1( 5 )o f tit l e 37,U nited States C ode . (g) DURATION . — (1) I N GE NERA L .—The a u thority to p rovide b enefits under this section shall e x pire on the date that is one year after the date of the enactment of this A ct. (2) CON S TRU C TION.— E xpiration under this subsection of the authority to provide benefits under this section shall not affect the utili z ation of any day of administrative absence pro - vided a member of the Armed F orces under subsection (b)(2), or the payment of any payment authorized a member or former member of the Armed Forces under subsection (b), before the expiration of the authority in this section. SEC.605 . R E PO R T O NH O U S I N G ST A N D ARDS AND HOUSING SUR V E Y S USED TO DETER M INE B ASIC A L LO W ANCE F OR HOUSING. (a) R E P ORT RE Q UIRE D .— N ot later than J uly 1, 2010, the Sec- retary of Defense shall submit to the congressional defense commit- tees a report containing the follo w ing reviews (1) A review of the housing standards used to determine the monthly rates of basic allowance for housing under section 4 03 of title 37, United States Code. (2) A review of the process and schedule for conducting surveys used to establish locality rates in housing areas to determine such monthly rates of basic allowance for housing. (b) ELE M ENTS O FH OUSING STANDARDS RE V IE W .—In conducting the reviews under subsection (a), the Secretary shall consider whether the housing standards and survey process are suitable in terms of— (1) recognizing the societal needs and expectations of fami- lies in the United States (2) providing for an appropriate q uality of life for members of the Armed Forces in all grades; (3) recognizing the appropriate rewards and prestige associ- ated with promotion to higher military grades throughout the ran k structure; and (4) reflecting the most current housing cost data available. (c) INCLUSION OF RECOMMENDED C H ANGES.—The report required by subsection (a) shall include— (1) such recommended changes to the housing standards, including an estimate of the cost of each recommended change, as the Secretary considers appropriate; and (2) such recommended changes to improve the survey process, including ensuring that the housing cost data used to establish the rates is the most current data available, as the Secretary considers appropriate. SEC. 606. COMPTROLLER GENERAL COMPARATIVE ASSESSMENT OF MILITARY AND PRIVATE - SECTOR PAY AND BENEFITS. (a) STUD Y REQUIRED.—The Comptroller G eneral shall conduct a study comparing pay and benefits provided by law to members of the Armed Forces with pay and benefits provided by the private sector to comparably situated private-sector employees to assess how the differences in pay and benefits effect recruiting and reten- tion of members of the Armed Forces. (b) ELEMENTS.—The study required by subsection (a) shall include, but not be limited to, the following:


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 123STA T . 23 5 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(1)Anas s e ss m en tof tota l m i lita ryc om p ensation for officers an d for enlisted personnel , incl u din gb asic pay, t h e basic allo w- ance for housing ( B A H ), the basic allowance for subsistence (BA S ), ta x benefits applicable to military pay and allowances under F ederal law (including the Social Security laws) and State law, military retirement benefits, commissary and exchange pri v ileges, and military healthcare benefits . ( 2 ) An assessment of private-sector pay and benefits for civilians of similar age, education, and experience with similar j ob responsibilities and wor k ing conditions as officers and enlisted personnel of the Armed Forces, including pay, bonuses, employee options, fringe benefits, retirement benefits, indi- vidual retirement investment benefits, flexible spending accounts and health savings accounts, and any other elements of private-sector compensation that the C omptroller G eneral considers appropriate. ( 3 ) An identification of the percentile of comparable private- sector compensation at which members of the Armed Forces are paid, including an assessment of the ade q uacy of percentile comparisons generally and whether the D epartment of Defense goal of compensating members of the Armed Forces at the 80 th percentile of comparable private-sector compensation, as described in the 10th Q uadrennial R eview of M ilitary Com- pensation, is appropriate and adequate to attract and retain quality individuals to serve in the Armed Forces. (c) R EPORT . —T he Comptroller General shall submit to the congressional defense committees a report on the study required by subsection (a) by not later than April 1, 2010. Subti t leB— B on u s es a n d S p e c ial and I ncenti v e P a y s SEC.61 1. ON E -Y E AR E XT ENS I ONO F CERTAIN B ON U SAN D S P ECIA L PAY AUT H ORITIES FOR RESER V E FORCES. The following sections of title 3 7, U nited States Code, are amended by striking ‘ ‘December 31, 200 9’ ’ and inserting ‘‘December 31, 2010’’ (1) Section 308b(g), relating to Selected Reserve reenlist- ment bonus. (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. ( 4 ) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service. ( 5 ) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. ( 6 ) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and fre- quent mobili z ation for active duty service.


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 123STA T . 23 5 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.612 . ON E -Y E AR E XT ENS I ONO F CERTAIN B ON U SAN D S P ECIA L PAY AUT H ORITIES FOR HEALTH CARE PROFESSIONALS. (a)TITLE10AU T HOR ITIE S.— T hefol lo wings e ct ions of title 10 ,U nite dS tates C ode, a r ea m ended by stri k ing ‘ ‘ D ecember 3 1, 2 00 9’ ’ and inserting ‘‘December 31, 2010’’ (1) Section 2130a(a)(1), relating to n u rse officer candidate accession p rogram. (2) Section 1 6 302(d), relating to repayment of education loans for certain health professionals who ser v e in the Selected R eserve. (b) TITLE 3 7 AUTHORITIES.—The following sections of title 37, United States Code, are amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’: (1) Section 302c - 1(f), relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1), relating to accession bonus for reg- istered nurses. (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. ( 4 ) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime special- ties. ( 5 ) Section 302h(a)(1), relating to accession bonus for dental officers. (6) Section 302 j (a), relating to accession bonus for pharmacy officers. (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. ( 8 ) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. SEC. 61 3 . ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS. The following sections of title 37, United States Code, are amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’: (1) Section 312(f), relating to special pay for nuclear- q uali- fied officers e x tending period of active service. (2) Section 312b(c), relating to nuclear career accession bonus. (3) Section 312c(d), relating to nuclear career annual incen- tive bonus. SEC. 61 4 . ONE-YEAR EXTENSION OF AUTHORITIES RELATIN G TO TITLE 3 7 CONSOLIDATED SPECIAL PAY , INCENTI V E PAY, AND BONUS AUTHORITIES. The following sections of title 37, United States Code, are amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’: (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers. (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.


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 (afterwards named Huntlyburn), purchased in 1817. The new house was then begun and completed in 1824. The general ground-plan is a parallelogram, with irregular outlines, one side overlooking the Tweed; and the style is mainly the Scottish Baronial. Into various parts of the fabric were built relics and curiosities from historical structures, such as the doorway of the old Tolbooth in Edinburgh. Scott had only enjoyed his residence one year when (1825) he met with that reverse of fortune which involved the estate in debt. In 1830 the library and museum were presented to him as a free gift by the creditors. The property was wholly disencumbered in 1847 by Robert Cadell, the publisher, who cancelled the bond upon it in exchange for the family’s share in the copyright of Sir Walter’s works. Scott’s only son Walter did not live to enjoy the property, having died on his way from India in 1847. Among subsequent possessors were Scott’s son-in-law, J. G. Lockhart, J. R. Hope Scott, Q.C., and his daughter (Scott’s great-granddaughter), the Hon. Mrs Maxwell Scott. Abbotsford gave its name to the “Abbotsford Club,” a successor of the Bannatyne and Maitland clubs, founded by W. B. D. D. Turnbull in 1834 in Scott’s honour, for printing and publishing historical works connected with his writings. Its publications extended from 1835 to 1864.

ABBOTT, EDWIN ABBOTT (1838– ), English schoolmaster and theologian, was born on the 20th of December 1838. He was educated at the City of London school and at St John’s College, Cambridge, where he took the highest honours in the classical, mathematical and theological triposes, and became fellow of his college. In 1862 he took orders. After holding masterships at King Edward’s School, Birmingham, and at Clifton College, he succeeded G. F. Mortimer as headmaster of the City of London school in 1865 at the early age of twenty-six. He was Hulsean lecturer in 1876. He retired in 1889, and devoted himself to literary and theological pursuits. Dr Abbott’s liberal inclinations in theology were prominent both in his educational views and in his books. His Shakespearian Grammar (1870) is a permanent contribution to English philology. In 1885 he published a life of Francis Bacon. His theological writings include three anonymously published religious romances—Philochristus (1878), Onesimus (1882), Silanus (1906). More weighty contributions are the anonymous theological discussion The Kernel and the Husk (1886), Philomythus (1891), his book on Cardinal Newman as an Anglican (1892), and his article “The ” in the ninth edition of the Encyclopaedia Britannica, embodying a critical view which caused considerable stir in the English theological world; he also wrote St Thomas of Canterbury, his Death and Miracles (1898), Johannine Vocabulary (1905), Johannine Grammar (1906).

His brother, Evelyn Abbott (1843–1901), was a well-known tutor of Balliol, Oxford, and author of a scholarly History of Greece. ABBOTT, EMMA (1849–1891), American singer, was born at Chicago and studied in Milan and Paris. She had a fine soprano voice, and appeared first in opera in London under Colonel Mapleson’s direction at Covent Garden, also singing at important concerts. She organized an opera company known by her name, and toured extensively in the United States, where she had a great reputation. In 1873 she married E. J. Wetherell. She died at Salt Lake City on the 5th of January 1891. ABBOTT, JACOB (1803–1879), American writer of books for the young, was born at Hallowell, Maine, on the 14th of November 1803. He graduated at Bowdoin College in 1820; studied at Andover Theological Seminary in 1821, 1822, and 1824; was tutor in 1824–1825, and from 1825 to 1829 was professor of mathematics and natural philosophy in Amherst College; was licensed to preach by the Hampshire Association in 1826; founded the Mount Vernon School for young ladies in Boston in 1829, and was principal of it in 1829–1833; was pastor of Eliot Congregational Church (which he founded), at Roxbury, Mass., in 1834–1835; and was, with his brothers, a founder, and in 1843–1851 a principal of Abbott’s Institute, and in 1845–1848 of the Mount Vernon School for boys, in New York City. He was a prolific author, writing juvenile stories, brief histories and biographies, and religious books for the general reader, and a few works in popular science. He died on the 31st of October 1879 at Farmington, Maine, where he had spent part of his time since 1839, and where his brother Samuel Phillips Abbott founded in 1844 the Abbott School, popularly called “Little Blue.” Jacob Abbott’s “Rollo Books”—Rollo at Work, Rollo at Play, Rollo in Europe, &c. (28 vols.)—are the best known of his writings, having as their chief characters a representative boy and his associates. In them Abbott did for one or two generations of young American readers a service not unlike that performed earlier, in England and America, by the authors of Evenings at Home, Sandford and Merton, and the Parent’s Assistant. Of his other writings (he produced more than two hundred volumes in all), the best are the Franconia Stories (10 vols.), twenty-two volumes of biographical histories in a series of thirty-two volumes (with his brother John S. C. Abbott), and the Young Christian,—all of which had enormous circulations.

His sons, Benjamin Vaughan Abbott (1830–1890), Austin Abbott (1831–1896), both eminent lawyers, (q.v.), and Edward Abbott (1841–1908), a clergyman, were also well-known authors.

ABBOTT, JOHN STEVENS CABOT (1805–1877), American writer, was born in Brunswick, Maine, on the 18th of September 1805. He was a brother of Jacob Abbott, and was associated with him in the management of Abbott’s Institute, New York City, and in the preparation of his series of brief historical biographies. He is best known, however, as the author of a partisan and unscholarly, but widely popular and very readable History of Napoleon Bonaparte (1855), in which the various elements and episodes in Napoleon’s career are treated with some skill in arrangement, but with unfailing adulation. Dr Abbott graduated at Bowdoin College in 1825, prepared for the ministry at Andover Theological Seminary, and between 1830 and 1844, when he retired from the ministry, preached successively at Worcester, Roxbury and Nantucket, Massachusetts. He died at Fair Haven, Connecticut, on the 17th of June 1877. He was a voluminous writer of books on Christian ethics, and of histories, which now seem unscholarly and untrustworthy, but were valuable in their time in cultivating a popular interest in history. In general, except that he did not write juvenile fiction, his work in subject and style closely resembles that of his brother, Jacob Abbott. ABBOTT, LYMAN (1835– ), American divine and author, was born at Roxbury, Massachusetts, on the 18th of December 1835, the son of Jacob Abbott. He graduated at the University of New York in 1853, studied law, and was admitted to the bar in 1856; but soon abandoned the legal profession, and, after studying theology with his uncle, J. S. C. Abbott, was ordained a minister of the Congregational Church in 1860. He was pastor of a church in Terre Haute, Indiana, in 1860–1865, and of the New England Church in New York City in 1865–1869. From 1865 to 1868 he was secretary of the American Union (Freedman’s) Commission. In 1869 he resigned his pastorate to devote himself to literature. He was an associate editor of Harper’s Magazine, was editor of the Illustrated Christian Weekly, and was co-editor (1876–1881) of The Christian Union with Henry Ward Beecher, whom he succeeded in 1888 as pastor of Plymouth Church, Brooklyn. From this pastorate he resigned ten years later. From 1881 he was editor-in-chief of The Christian Union, renamed The Outlook in 1893; this periodical reflected his efforts toward social reform, and, in theology, a liberality, humanitarian and nearly unitarian. The latter characteristics marked his published works also.

His works include Jesus of Nazareth (1869); Illustrated Commentary on the New Testament (4 vols., 1875); A Study in Human Nature (1885); Life of Christ (1894); Evolution of Christianity (Lowell Lectures, 1896); The Theology of an Evolutionist (1897); Christianity and Social Problems (1897); Life and Letters of Paul (1898);

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 123STA T . 23 54PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(5)Section3 35( k ) ,r e la tin g to sp ecial b on u san d incenti v e pa y aut h orities f or officers in health professions . ( 6 ) Section 35 1 (i), relating to ha z ardous duty pay. ( 7 ) Section 35 2 (g), relating to assign m ent pay or special duty pay. ( 8 ) Section 353( j ), relating to skill incentive pay or pro - ficiency bonus. ( 9 ) Section 355(i), relating to retention incentives for mem- bers q ualified in critical military skills or assigned to high priority units. SEC.615 . ON E -Y E AR E XT ENS I ONO F A U T H ORITIES RE L ATIN G TO P AY- M ENT OF OTHER TITLE 37B ONUSES AN D SPECIAL PAYS. T he follo w ing sections of chapter 5 of title 37, U nited States C ode, are amended by striking ‘ ‘ D ecember 31, 2 0 09 ’ ’ and inserting ‘‘December 31, 2010’’ (1) Section 301b(a), relating to aviation officer retention bonus. (2) Section 307a(g), relating to assignment incentive pay. (3) Section 308(g), relating to reenlistment bonus for active members. ( 4 ) Section 309(e), relating to enlistment bonus. (5) Section 324(g), relating to accession bonus for new offi- cers in critical skills. (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (7) Section 327(h), relating to incentive bonus for transfer between armed forces. (8) Section 330(f), relating to accession bonus for officer candidates. SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY- MENT OF REFERRAL BONUSES. The following sections of title 10, United States Code, are amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’: (1) Section 1030(i), relating to health professions referral bonus. (2) Section 3252(h), relating to A rmy referral bonus. SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO RECONCILE CONFLICTING AMENDMENTS REGARDING CONTINUED PAYMENT OF BONUSES AND SIMILAR BENE- FITS FOR CERTAIN MEMBERS. (a) T ECHNI C AL C OR REC T ION S TO R ECONCILE CON F LICTIN G A M EN D MENTS. — Section 303a(e) of title 37, United States Code, is amended— (1) in paragraph (1)(A), by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’ (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (3) in paragraph (5), as so redesignated, by striking ‘‘para- graph (3)( B )’’ and inserting ‘‘paragraph (4)(B)’’; (4) by redesignating paragraph (2), as added by section 651(b) of the Duncan H unter N ational Defense Authorization Act for F iscal Y ear 2009 ( P ublic L aw 110 – 417; 122 Stat. 4495), as paragraph (3); and


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 123STA T . 23 5 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(5)byred e signat ing t h ese co nds u b p aragraph ( B )o f para - graph ( 1 ) , origina l ly added as paragraph ( 2 ) by section 2(a)( 3 ) of the H ubbard A ct( P ublic L a w 11 0– 31 7; 122 S tat . 352 6 ) and erroneously designated as subparagraph (B) by section 651(a)(3) of the D uncan Hunter N ational Defense Authori z ation Act for F iscal Y ear 200 9 (Public Law 110– 4 17; 122 Stat. 4495), as paragraph (2). (b) INCLUSIO NO F HU B B ARD AC T A ME NDMENT IN C ONSOLIDATED S P ECIAL PA Y AND BONUS AUT H ORITIES. — Section 373(b) of such title isa m ended— (1) in paragraph (2), by stri k ing the paragraph heading and inserting ‘ ‘SPECIAL RULE FOR DECEASED AND DISABLED MEM- BERS.— ’ ’; and (2) by adding at the end the following new paragraph ‘‘(3) SPECIAL RULE FOR MEMBERS W HO RECEI V E SOLE SURVIVORSHIP DISCHAR G E.—(A) If a member of the uniformed ser v ices receives a sole survivorship discharge, the Secretary concerned— ‘‘(i) shall not re q uire repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and ‘‘(ii) may grant an e x ception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management ob j ective, would be against equity and good conscience, or would be contrary to the best interests of the U nited States. ‘‘(B) In this paragraph, the term ‘sole survivorship dis- charge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Depart- ment of Defense policy permitting the early separation of a member who is the only surviving child in a family in which— ‘‘(i) the father or mother or one or more siblings— ‘‘(I) served in the Armed Forces; and ‘‘(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hos- pitalization); and ‘‘(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.’’. SEC.618 . PRO R ATI O N O F CERTAIN SPECIA L AN D INCENTI V EPA Y S TO REFLECT TI M ED U RIN GWH ICH A MEM B ER SATISFIES ELIGIBILITY RE Q UIREMENTS FOR THE SPECIAL OR INCEN - TIVE PAY. (a) SPECIAL PAY FOR DUTY SUB J ECT TO HOSTILE FIRE OR IMMINENT DANGER.—Section 310 of title 37, United States Code, is amended— (1) in subsection (a)— (A) by striking ‘‘AND SPECIAL PAY AMOUNT’’ in the subsection heading; and Defin i t i o n .


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 123STA T . 23 56PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(B)bystrik i ng‘ ‘ a tt he rate of$2 2 5 for any m onth ’ ’ in the matter p re c e d ing paragraph ( 1 ) and inserting ‘‘ u nder subsection (b) for any month or portion of a month’’ (2) in subsection (c) , by striking paragraph ( 3 ); (3) by redesignating subsections (b), (c), and (d) as sub - sections (c), (d), and (e), respecti v e l y; and ( 4 ) by inserting after subsection (a) the follo w ing new sub- section ‘‘(b) SPECIALP A YAMOUNT R ORATION .— (1) T he special pay authori z ed by subsection (a) may not e x ceed $225 a month. ‘‘(2) E xcept as provided in subsection (c), if a member does not satisfy the eligibility re q uirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of special pay under subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.’’. (b) H A Z AR D OU SD UTY PAY.—Section 351 of such title is amended— (1) by striking subsections (c) and (d) and redesignating subsections (e) through (i) as subsections (d) through (h), respec- tively; and (2) by inserting after subsection (b) the following new sub- section: ‘‘(c) M ET H ODO F PAYMENT; PRORATION.— ‘‘(1) MONTHLY PAYMENT.—Sub j ect to paragraph (2), haz- ardous duty pay shall be paid on a monthly basis. ‘‘(2) PRORATION.— I f a member does not satisfy the eligi- bility requirements specified in paragraph (1), (2), or (3) of subsection (a) for an entire month for receipt of hazardous duty pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.’’. (c) ASSI G NMENT OR SPECIAL DUTY PAY.—Section 352(b)(1) of such title is amended by adding at the end the following new sentence: ‘‘If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member’s actual quali- fying service during the month.’’. (d) S K ILL INCENTI V E PAY.—Section 353 of such title is amended— (1) by striking subsection (f) and redesignating subsections (g) through (j) as subsections (f) through (i), respectively; and (2) in subsection (c), by striking paragraph (1) and inserting the following new paragraph: ‘‘(1) SKILL INCENTIVE PAY.—(A) Skill incentive pay under subsection (a) may not exceed $1, 0 00 a month. ‘‘(B) If a member does not satisfy the eligibility require- ments specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Sec- retary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month. A member of a reserve component entitled to com- pensation under section 20 6 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of such pay that is proportionate to the compensation received
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 123STA T . 23 57PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9bythem embe rund er s e c t io n 206 o f this tit l eforin a cti v e - duty trainin g.’ ’. SEC.619 . AD D IT I ON A L ASSI G N M ENT P A Y O R SPECIAL D U TY PAY AUT H ORI Z ED F OR MEM B ERS AGREEING TO SER V EIN AFGHANISTAN FOR E X TENDED PERIODS. ( a )AUTHORI T Y TO P RO V I DE ADDITIO NAL A S SI G N M ENT PAY OR SP E C IAL D UTY PAY. —T he Secretary of Defense may p rovide assign- ment pay or special duty pay under section 35 2oftitle3 7,U nited States C ode, in e x cess of the maximum amount of monthly or lump sum assignment or special duty pay authori z ed under sub- section (b) of such section, to members of the Armed F orces (particu- larly members w ho achieve language proficiency at levels and in languages specified by the Secretary of Defense) who agree to serve on active duty in Afghanistan for a minimum of three years. The assignment period re q uired by the agreement shall provide for reasonable periods of leave. (b) R EPORTING RE Q UIREMENTS.—The Secretary shall submit to Congress an annual report on the use of the authority provided under subsection (a) during the preceding year, including— ( 1 ) the number of members of the Armed Forces receiving assignment pay or special duty pay under section 352 of title 37, United States Code, in excess of the maximum amount otherwise authorized under such section and (2) an assessment of the impact of the use of such authority on the effectiveness and efficiency in achieving the United States mission in Afghanistan. (c) DURATION O F AUTHORITY.—The authority provided by sub- section (a) to offer additional assignment pay or special duty pay under section 352 of title 37, United States Code, expires on December 31, 2012. The expiration of such authority shall not affect the terms or duration of any agreement entered into before that date to provide additional assignment pay or special duty pay under such section. SEC. 6 20 . TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR MEMBERS OF THE ARMED FORCES SUB J ECT TO CON - TINUING ACTIVE DUTY OR SERVICE UNDER STOP-LOSS AUTHORITIES. (a) SPECIAL PAY AUTHORI Z ED.—The Secretary of the military department concerned may pay monthly special pay to any member of the Army, N avy, Air Force, or M arine Corps (including a member of a reserve component thereof) for any month, or portion of a month, in which the member serves on active duty in the Armed Forces, or has the member’s eligibility for retirement from the Armed Forces suspended, as described in subsection (b). (b) E LIGI B ILITY REQUIREMENTS.—A member of the Armed Forces referred to in subsection (a) is eligible to receive special pay under this section if the member, at any time during the period beginning on O ctober 1, 200 9, and ending on J une 30, 2011, serves on active duty while the member’s enlistment or period of obligated service is extended, or has the member’s eligibility for retirement suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (com- monly referred to as a ‘ ‘stop-loss authority’’) that authorizes the President to extend an enlistment or period of obligated service, or suspend eligibility for retirement, of a member of the Armed Timep e r i od.37USC 3 01n o t e. 37USC3 52 note.


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 123STA T . 23 58PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9Forcesint i m eo fwa r or nationa l emer g enc yd eclared b y C ongress ort h e P resident .( c )AMOUNT . —T he amo u nt of monthly s p ecial pay payable to a member under this section for a month may not e x ceed $50 0. (d) CON S T R U C T I ON W IT HO TH E RP AY S.— M onthly special pay payable to a member under this section is in addition to any other amounts payable to the member by law. SEC.621 . ARMY A UTHO R I TY TO P RO V I D E ADDITIO N A L RECRUITMENT INCENTIVES. (a) EX TENSION O F AUTHORITY.— S ubsection (i) of section 681 of the N ational D efense Authori z ation Act for Fiscal Y ear 2 006 (Public L aw 10 9– 16 3; 119 Stat. 3321) is amended to read as follows

‘(i) DURATION OF AUTHORITY.— ‘‘(1) I N G ENERA L .—The Secretary may not de v elop an incen - tive under this section , or first provide an incentive developed under this section to an individual, after December 31, 2012. ‘‘(2) CONTINUATION OF INCENTI V ES.—Nothing in paragraph (1) shall be construed to prohibit or limit the continuing provi- sion to an individual after the date specified in that paragraph of an incentive first provided the individual under this section before that date. ’ ’. (b) LIMITATION ON U SE OF AUTHORITY.—Subsection (e) of such section is amended by inserting ‘‘at the same time’’ after ‘‘provided’’. SEC. 622. REPORT ON RECRUITMENT AND RETENTION O F MEM B ERS OF THE AIR FORCE IN NUCLEAR CAREER FIELDS. (a) R E P ORT RE Q UIRE D .—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the efforts of the Air Force to attract and retain q ualified individuals for service as members of the Air Force involved in the operation, maintenance, handling, and security of nuclear weapons. (b) ELEMENTS.—The report required by subsection (a) shall include the following: (1) A description of current reenlistment rates and officer retention rates, set forth by Air Force Specialty Code, of mem- bers of the Air Force serving in positions involving the oper- ation, maintenance, handling, and security of nuclear weapons. (2) A description of the current personnel fill rate for Air Force units involved in the operation, maintenance, handling, and security of nuclear weapons. (3) A description of the steps the Air Force has ta k en, including the use of retention bonuses or assignment incentive pay, to improve recruiting and reenlistment of enlisted per- sonnel and accession and retention of officers by the Air Force for the positions described in paragraph (1). ( 4 ) An assessment of the feasibility, advisability, utility, and cost effectiveness of establishing additional bonuses or incentive pay as a way to enhance the recruitment and reten- tion by the Air Force of skilled personnel in the positions described in paragraph (1). (5) An assessment of whether assignment incentive pay should be provided for members of the Air Force covered by the Personnel Reliability Program. (6) An assessment of the long-term community manage- ment plan for recruitment, retention, and assignment by the 10USC5 0 3note.


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 123STA T . 23 59PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 AirFo r ce o fsk i l le dp erso n nel in th e positions descri b ed in p a ra g raph (1). ( 7 ) Su ch other m atters as the Secretar y considers appro - priate. Subti t leC—Trav ela nd Tran spo rtation A llo w an c es SEC.631 . TRAV E L A ND TRANS PO RTAT I ON F ORS U RVIVORS OF DECEASED M EM B ERSOFT H E UNIFORMED SERVICES TO ATTEND MEMORIAL CEREMONIES. (a) A L L OWANCES A UTH O RIZ E D . — Subsection (a) of section 4 11f of title 3 7 ,U nited States C ode, is amended— (1) by redesignating paragraph ( 2 ) as paragraph (3) and (2) by inserting after paragraph (1) the follo w ing new para- graph (2)

‘(2) T he Secretary concerned may pro v ide round trip travel and transportation allowances to eligible relatives of a member of the uniformed services who dies while on active duty in order that the eligible relatives may attend a memorial service for the deceased member that occurs at a location other than the location of the burial ceremony for which travel and transportation allow- ances are provided under paragraph (1). Travel and transportation allowances may be provided under this paragraph for travel of eligible relatives to only one memorial service for the deceased member concerned. ’ ’. (b) CON F OR M IN G AMENDMENTS.—Subsection (c) of such section is amended— (1) by striking ‘‘subsection (a)(1)’’ the first place it appears and inserting ‘‘paragraphs (1) and (2) of subsection (a)’’; and (2) by striking ‘‘subsection (a)(1)’’ the second place it appears and inserting ‘‘paragraph (1) or (2) of subsection (a)’’. SEC. 63 2 . TRAVEL AND TRANSPORTATION ALLO W ANCES FOR DES - I G NATED INDIVIDUALS OF WOUNDED , ILL, OR IN J URED MEMBERS OF THE UNIFORMED SERVICES FOR DURATION OF INPATIENT TREATMENT. (a) AUTHORIT Y TO P RO V IDE TRAVEL TO D ESIGNATED I NDIVID- UALS.—Subsection (a) of section 411h of title 37, United States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘family members of a member described in paragraph (2)’’ and inserting ‘‘individuals who, with respect to a member described in paragraph (2), are des- ignated individuals for that member’’; ( B ) by striking ‘‘that the presence of the family member’’ and inserting ‘‘, with respect to any such indi- vidual, that the presence of such individual’’; and (C) by striking ‘‘of family members’’ and inserting ‘‘of designated individuals’’; and (2) by adding at the end the following new paragraph: ‘‘(4) In the case of a designated individual who is also a member of the uniformed services, that member may be provided travel and transportation under this section in the same manner as a designated individual who is not a member.’’. (b) DEFINITION OF DESIGNATED INDIVIDUAL.—