To improve benefits for members of the National Guard and Reserve to recognize their service to the United States and to encourage the recruitment and retention of National Guard and Reserve personnel, and for other purposes.

Summary: Americans in Uniform Act of 2005 - Requires the Department of Defense (DOD), in awarding any contract for the procurement of goods and services, to use as an evaluation factor whether entities intend to carry out the contract using employees or individual subcontractors who are members of the Selected Reserve. Requires entities claiming the intention to use such employees or subcontractors to document to DOD the number that the entity will employ, or contract with, for the contract in question. Authorizes the Secretary of the military department concerned to waive such requirement for national security purposes.

Increases by specified amounts the following special pays and allowances for reserve personnel: (1) hardship duty pay; (2) reenlistment bonuses; and (3) the family separation allowance.

Makes eligible for burial in Arlington National Cemetery: (1) a member or former member of the reserves who was under age 60 at the time of death and who, but for such age, would have been eligible for military retired pay; and (2) his or her dependents.

Makes eligible for space-available travel on DOD aircraft: (1) a member or former member of the reserves under 60 years of age who, but for such age, would be eligible for military retired pay; and (2) his or her spouse.

Requires a report from the Comptroller General to Congress on difficulties faced by members of the National Guard and reserves with respect to employment as a result of being ordered to full-time National Guard duty or active-duty service, respectively.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Americans in 
Uniform Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of evaluation factor for defense contractors 
                            employing or subcontracting with members of 
                            the Selected Reserve of the reserve 
                            components of the Armed Forces.
Sec. 4. Increase in various special pays and allowances for reserve 
                            component personnel.
Sec. 5. Eligibility of certain persons for burial in Arlington National 
                            Cemetery.
Sec. 6. Eligibility of certain persons for space-available travel on 
                            military aircraft.
Sec. 7. Report on employment matters for members of the National Guard 
                            and Reserve.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since September 11, 2001, almost 424,000 members of the 
        National Guard or Reserve, comprising approximately 36 percent 
        of the total membership, have been called or ordered to active 
        duty.
            (2) Of the 1,718 members of the United States Armed Forces 
        who have been killed or have died in the Global War on 
        Terrorism, as of April 9, 2005, 357 were members of the 
        National Guard or Reserve, which represents 21 percent of the 
        total casualties.
            (3) Elements of all 15 Army National Guard ``enhanced 
        readiness brigades'' have been mobilized and deployed within 
        the Continental United States Field Command, Iraq, or 
        Afghanistan, or are undergoing training to be deployed, in 
        support of United States operations in the Global War on 
        Terrorism.
            (4) During recent cycles of deployments in connection with 
        Operation Iraqi Freedom, six of the 17 Army and Marine Ground 
        Combat brigades serving in Iraq, which is equivalent to two 
        combat divisions, are National Guard brigades.
            (5) Approximately 34 percent of the United States troops 
        now serving in Iraq and Kuwait are members of the National 
        Guard or Reserve.
            (6) Not since the Korean War have so many members of the 
        National Guard and Reserve been mobilized for service in a 
        theater of war.

SEC. 3. ESTABLISHMENT OF EVALUATION FACTOR FOR DEFENSE CONTRACTORS 
              EMPLOYING OR SUBCONTRACTING WITH MEMBERS OF THE SELECTED 
              RESERVE OF THE RESERVE COMPONENTS OF THE ARMED FORCES.

    (a) Defense Contracts.--In awarding any contract for the 
procurement of goods or services, the Department of Defense, when 
considering source selection criteria, shall use as an evaluation 
factor whether entities intend to carry out the contract using 
employees or individual subcontractors for goods and services who are 
members of the Selected Reserve of the reserve components of the Armed 
Forces.
    (b) Documentation of Selected Reserve-Related Evaluation Factor.--
Any entity claiming intent to carry out a contract using employees or 
individual subcontractors for goods and services who are members of the 
Selected Reserve of the reserve components of the Armed Forces shall be 
required to document to the Department of Defense the number (and 
names, if requested) of such members of the Selected Reserve that the 
entity will employ, or execute personal services contracts with, for 
the contract in question.
    (c) National Security Waiver.--The Secretary of the military 
department concerned, or, in the case of contracts which are not 
negotiated by a military department, the Secretary of Defense, may 
waive the requirement in subsection (a) with respect to a contract if 
the Secretary concerned determines that the waiver is necessary for 
reasons of national security.
    (d) Regulations.--The Federal Acquisition Regulation shall be 
revised as necessary to implement this section.

SEC. 4. INCREASE IN VARIOUS SPECIAL PAYS AND ALLOWANCES FOR RESERVE 
              COMPONENT PERSONNEL.

    (a) Hardship Duty Pay.--Section 305(a) of title 37, United States 
Code, is amended by striking ``$300'' and inserting ``$750''.
    (b) Reenlistment Bonus.--Section 308b(b)(1) of such title is 
amended--
            (1) in subparagraph (A), by striking ``$15,000'' and 
        inserting ``$25,000'';
            (2) in subparagraph (B), by striking ``$7,500'' and 
        inserting ``$12,500''; and
            (3) in subparagraph (C), by striking ``$6,000'' and 
        inserting ``$11,000''.
    (c) Family Separation Allowance.--Section 427 of such title is 
amended by adding at the end the following new subsection:
    ``(f) Special Rate for Reserve Component Members.--If a member 
described in subsection (a) is a member of a reserve component, the 
amount of the monthly allowance for the member under this section shall 
be increased to $500.''.

SEC. 5. ELIGIBILITY OF CERTAIN PERSONS FOR BURIAL IN ARLINGTON NATIONAL 
              CEMETERY.

    (a) In General.--(1) Chapter 24 of title 38, United States Code, is 
amended--
            (A) by redesignating section 2412 as section 2413; and
            (B) by inserting after section 2411 the following new 
        section:
``Sec. 2412. Arlington National Cemetery: eligibility of certain 
              persons for burial
    ``(a)(1) The remains of a member or former member of a reserve 
component of the Armed Forces who at the time of death was under 60 
years of age and who, but for age, would have been eligible at the time 
of death for retired pay under chapter 1223 of title 10 may be buried 
in Arlington National Cemetery on the same basis as the remains of 
members of the Armed Forces entitled to retired pay under that chapter.
    ``(2) The remains of the dependents of a member whose remains are 
permitted under paragraph (1) to be buried in Arlington National 
Cemetery may be buried in that cemetery on the same basis as dependents 
of members of the Armed Forces entitled to retired pay under such 
chapter 1223.
    ``(b)(1) The remains of a member of a reserve component of the 
Armed Forces who dies in the line of duty while performing active duty 
for training or inactive duty training may be buried in Arlington 
National Cemetery on the same basis as the remains of a member of the 
Armed Forces who dies while on active duty.
    ``(2) The remains of the dependents of a member whose remains are 
permitted under paragraph (1) to be buried in Arlington National 
Cemetery may be buried in that cemetery on the same basis as dependents 
of members on active duty.''.
    (2) The table of sections at the beginning of chapter 24 of title 
38, United States Code, is amended by striking the item relating to 
section 2412 and inserting after the item relating to section 2411 the 
following new items:

``2412. Arlington National Cemetery: eligibility of certain persons for 
                            burial.
``2413. Lease of land and buildings.''.
    (b) Effective Date.--Section 2412 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to interments 
occurring on or after the date of the enactment of this Act.

SEC. 6. ELIGIBILITY OF CERTAIN PERSONS FOR SPACE-AVAILABLE TRAVEL ON 
              MILITARY AIRCRAFT.

    (a) Eligibility of ``Gray Area'' Retirees and Spouses.--Chapter 157 
of title 10, United States Code, is amended by inserting after section 
2641a the following new section:
``Sec. 2641b. Space-available travel on Department of Defense aircraft: 
              Reserve members eligible for retired pay but for age; 
              spouses
    ``(a) Reserve Retirees Under Age 60.--A member or former member of 
a reserve component under 60 years of age who, but for age, would be 
eligible for retired pay under chapter 1223 of this title shall be 
provided transportation on Department of Defense aircraft, on a space-
available basis, on the same basis as members of the armed forces 
entitled to retired pay under any other provision of law.
    ``(b) Spouses.--The spouse of a member or former member under 60 
years of age who, but for age, would be eligible for retired pay under 
chapter 1223 of this title, shall be provided transportation on 
Department of Defense aircraft, on a space-available basis, on the same 
basis as spouses of members of the armed forces entitled to retired pay 
under any other provision of law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2641a the following new item:

``2641b. Space-available travel on Department of Defense aircraft: 
                            Reserve members eligible for retired pay 
                            but for age; spouses.''.

SEC. 7. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE NATIONAL GUARD 
              AND RESERVE.

    (a) Requirement for Report.--Not later than 270 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report on difficulties faced by 
members of the National Guard and Reserve with respect to employment as 
a result of being ordered to perform full time National Guard duty or 
being ordered to active duty service, respectively.
    (b) Specific Matters.--In preparing the report required under 
subsection (a), the Comptroller General shall include information on 
the following matters
            (1) Type of employers.--An estimate of the number of 
        employers of members of the National Guard and Reserve who are 
        private sector employers and those who are public sector 
        employers.
            (2) Size of employers.--An estimate of the number of 
        employers of members of the National Guard and Reserve who 
        employ fewer than 50 full-time employees.
            (3) Self-employed.--An estimate of the number of members of 
        the National Guard and Reserve who are self-employed.
            (4) Nature of business.--A description of the nature of the 
        business of employers of members of the National Guard and 
        Reserve.
            (5) Reemployment difficulties.--A description of 
        difficulties faced by members of the National Guard and Reserve 
        in gaining reemployment after having performed full time 
        National Guard duty or active duty service, including 
        difficulties faced by members who are disabled and who are 
        Veterans of the Vietnam Era.