I 

109TH CONGRESS 

1ST SESSION H. R. 2131 

To improve benefits for members of the Armed Forces and veterans and 

for their dependents and survivors. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2005 

Mr. EDWARDS (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ALLEN, 

Mr. BACA, Ms. BALDWIN, Mr. BECERRA, Ms. BERKLEY, Mr. BERMAN, 

Mr. BERRY, Mr. BISHOP of Georgia, Mr. BISHOP of New York, Mr. 

BLUMENAUER, Ms. BORDALLO, Mr. BOYD, Ms. CORRINE BROWN of Florida, Mr. BROWN of Ohio, Mr. BUTTERFIELD, Mrs. CAPPS, Mr. CAPUANO, 

Mr. CARDIN, Mr. CARDOZA, Mr. CARNAHAN, Mr. CASE, Mr. CHANDLER, 

Mrs. CHRISTENSEN, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. CONYERS, Mr. COSTA, Mr. COSTELLO, Mr. CRAMER, Mr. CROWLEY, Mr. 

CUELLAR, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. DEFAZIO, Mr. 

DELAHUNT, Ms. DELAURO, Mr. DICKS, Mr. DINGELL, Mr. DOGGETT, 

Mr. EMANUEL, Mr. ENGEL, Ms. ESHOO, Mr. ETHERIDGE, Mr. EVANS, 

Mr. FALEOMAVAEGA, Mr. FARR, Mr. FILNER, Mr. FORD, Mr. FRANK of 

Massachusetts, Mr. GONZALEZ, Mr. GENE GREEN of Texas, Mr. 

GRIJALVA, Mr. GUTIERREZ, Mr. HASTINGS of Florida, Ms. HERSETH, 

Mr. HIGGINS, Mr. HINCHEY, Mr. HINOJOSA, Mr. HOLDEN, Mr. HOLT, 

Mr. HONDA, Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE BERNICE

JOHNSON of Texas, Mrs. JONES of Ohio, Ms. KAPTUR, Mr. KENNEDY

of Rhode Island, Mr. KILDEE, Ms. KILPATRICK of Michigan, Mr. KIND, 

Mr. LANGEVIN, Mr. LANTOS, Mr. LARSEN of Washington, Mr. LARSON

of Connecticut, Ms. LEE, Mr. LEVIN, Mr. LEWIS of Georgia, Mr. LIPINSKI, Ms. ZOE LOFGREN of California, Mrs. LOWEY, Mr. LYNCH, Mrs. 

MALONEY, Mr. MARKEY, Ms. MATSUI, Mrs. MCCARTHY, Ms. MCCOLLUM

of Minnesota, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCINTYRE, Mr. 

MCNULTY, Mr. MEEHAN, Mr. MEEK of Florida, Mr. MEEKS of New 

York, Mr. MENENDEZ, Mr. MICHAUD, Mr. GEORGE MILLER of California, Mr. MOLLOHAN, Mr. MOORE of Kansas, Mr. MURTHA, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. OBERSTAR, Mr. OLVER, Mr. 

ORTIZ, Mr. OWENS, Mr. PALLONE, Mr. PAYNE, Ms. PELOSI, Mr. PETERSON of Minnesota, Mr. PRICE of North Carolina, Mr. RAHALL, Mr. RANGEL, Mr. REYES, Mr. ROSS, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. 

RUPPERSBERGER, Mr. RUSH, Mr. RYAN of Ohio, Ms. LINDA T. SA ́NCHEZ

of California, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. WASSERMAN
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SCHULTZ, Ms. SCHWARTZ of Pennsylvania, Mr. SCOTT of Georgia, Mr. 

SCOTT of Virginia, Mr. SERRANO, Mr. SHERMAN, Mr. SKELTON, Ms. 

SLAUGHTER, Mr. SMITH of Washington, Ms. SOLIS, Mr. SPRATT, Mr. 

STARK, Mr. STRICKLAND, Mr. STUPAK, Mr. THOMPSON of Mississippi, 

Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of New Mexico, Mr. VAN

HOLLEN, Ms. WATERS, Ms. WATSON, Mr. WAXMAN, Mr. WEINER, Mr. 

WEXLER, Ms. WOOLSEY, and Mr. WYNN) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs, and in addition to the Committees on Ways and Means and Armed Services, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve benefits for members of the Armed Forces and 

veterans and for their dependents and survivors. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘New GI Bill of Rights for the 21st Century Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—VETERANS HEALTH CARE 

Subtitle A—Increase in Funding 

Sec. 101. Authorization of additional funding for veterans medical care. 

Subtitle B—Equitable Medication Copayments and Enrollment Fees 

Sec. 111. Prohibition on increases in medication copayment for veterans and 

imposition of healthcare enrollment fee for veterans. 

Subtitle C—Mental Health Benefits 

Sec. 121. Definition. 
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CHAPTER 1—VETERANS OFPAST DEPLOYMENTS

Sec. 125. Six-year extension of eligibility for readjustment counseling services 

for Vietnam-era veterans. 

CHAPTER 2—MILITARY ISSUES

Sec. 131. Department of Veterans Affairs-Department of Defense Health Care 

Sharing Incentive Fund. 

Sec. 132. Collection of data from pre- and post-deployment health assessments. 

Sec. 133. Preventative maintenance post-deployment intervention. 

CHAPTER 3—PREVENTION, EARLY DETECTION, AND TREATMENT FOR

RETURNING TROOPS

Sec. 141. Study to identify factors that decrease the likelihood of the development of chronic PTSD despite combat exposure. 

Sec. 142. Extension of period of enhanced eligibility for VA health services for 

veterans who served in combat theaters of operations. 

Sec. 143. Demonstration project to station Department of Veterans Affairs psychologists and psychiatrists at major demobilization sites and 

military treatment facilities. 

Sec. 144. Model programs for post-deployment mental health practice. 

Sec. 145. Performance measures for Department of Veterans Affairs health 

care administrators. 

CHAPTER 4—DEPARTMENT OF DEFENSE/DEPARTMENT OF VETERANS

AFFAIRS COUNCIL ON POST-DEPLOYMENT MENTAL HEALTH

Sec. 151. Establishment of Council. 

Sec. 152. Duties of Council. 

CHAPTER 5—CAPACITY BUILDING IN DEPARTMENT OF VETERANS AFFAIRS

Sec. 161. Plan for expansion of Department of Veterans Affairs system to expand access to specialized PTSD care. 

Sec. 162. Additional Department of Veterans Affairs resources. 

CHAPTER 6—FAMILY THERAPY

Sec. 165. Eligibility for family counseling and bereavement counseling. 

CHAPTER 7—EDUCATIONAL INITIATIVES

Sec. 171. Training program for health-care providers. 

Sec. 172. Curriculum and protocols for cross-training of Department of Veterans Affairs clinicians. 

Sec. 173. Publication of state-of-the-art post-deployment mental health problems diagnosis and treatment. 

Sec. 174. Protocols for pain management for PTSD and war-related pain. 

Sec. 175. Protocols for treatment of substance use disorders. 

Sec. 176. Protocols for diagnosis of post-traumatic stress disorder. 

CHAPTER 8—NATIONAL STEERING COMMITTEE ON PTSD EDUCATION

Sec. 181. National Steering Committee. 

Sec. 182. Funding support for National Center for PTSD. 

Sec. 183. Continuing education to mental health providers. 

Sec. 184. Web-based curriculum to sponsor clinician training initiatives. 
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CHAPTER 9—BENEFITS

Sec. 191. Identification of deficiencies in PTSD disability examinations. 

Sec. 192. Criteria for determining medical conditions associated with PTSD. 

CHAPTER 10—PUBLIC AWARENESS

Sec. 195. Public awareness program. 

Sec. 196. Web site and materials for general campaign of awareness of PTSD. 

TITLE II—DISABLED VETERANS 

Subtitle A—Payment Matters 

Sec. 201. Eligibility for payment of both retired pay and veterans’ disability 

compensation for certain additional military retirees with compensable service-connected disabilities. 

Sec. 202. Coordination of service eligibility for combat-related special compensation and concurrent receipt. 

Sec. 203. Interim payments under certain veterans claims when decision is delayed following remand. 

Subtitle B—Outreach 

Sec. 211. Rescission of Department of Veterans Affairs memorandum. 

Sec. 212. Outreach activities. 

Sec. 213. Requirement for outreach efforts and dedicated staff at each regional 

office. 

TITLE III—SURVIVORS AND DEPENDENTS 

Sec. 301. Repeal of dependency and indemnity compensation offset from survivor benefit plan surviving spouse annuities. 

Sec. 302. Increase in monthly dependency and indemnity compensation payable 

to a surviving spouse for so long as there are minor children. 

TITLE IV—ADDITIONAL SUPPORT FOR ACTIVE DUTY 

SERVICEMEMBERS 

Sec. 401. One-time bonus for certain service in connection with Operation Iraqi 

Freedom or Operation Enduring Freedom. 

Sec. 402. Increase in active-duty end-strength levels for the Armed Forces. 

Sec. 403. Additional fiscal year 2006 pay increase for middle- and senior-level 

enlisted members and warrant officers. 

TITLE V—EDUCATION, EMPLOYMENT AND COMPENSATION 

Subtitle A—Active Duty Montgomery GI Bill 

Sec. 501. Enhanced benefits under the Montgomery GI Bill for four years of 

active-duty service. 

Sec. 502. Increase in rates of basic educational assistance under the Montgomery GI Bill. 

Sec. 503. Repeal of pay reduction and high school graduation requirement for 

participation in basic educational assistance under the Montgomery GI Bill. 

Sec. 504. Repeal of delimiting date for use of entitlement to basic educational 

assistance under the Montgomery GI Bill. 
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Sec. 505. Elimination of limitation to critical military skills for authority to 

transfer entitlement. 

Sec. 506. Increase in repayment amounts under the student loan repayment 

programs for servicemembers. 

Sec. 507. Expansion of programs of education eligible for accelerated payments 

of educational assistance under the Montgomery GI Bill. 

Subtitle B—Reserve Montgomery GI Bill 

Sec. 511. Educational assistance under Montgomery GI Bill for members of the 

Selected Reserve who aggregate more than 2 years of active 

duty service during any 5-year period. 

Subtitle C—Employment Assistance for Homeless Veterans 

Sec. 521. Reauthorization of appropriations for Homeless Veterans Reintegration Program. 

Sec. 522. Expansion of Homeless Veterans Reintegration Program to include 

veterans at imminent risk for homelessness. 

Subtitle D—Payment Matters 

Sec. 531. No reduction in monthly military pay and allowances for members of 

the uniformed services wounded or injured in combat zones. 

Sec. 532. Repeal of time limitation on exclusion of combat zone compensation 

by reason of hospitalization. 

TITLE VI—RESERVE COMPONENTS AND RECRUITMENT AND 

RETENTION INITIATIVES 

Subtitle A—Health Care 

Sec. 601. Expanded Eligibility of selected reserve members under TRICARE 

program. 

Subtitle B—Recruitment and Retention Incentives 

Sec. 611. Increase in authorized maximum annual amount of special pay for 

Selected Reserve health care professionals in critically short 

wartime specialties and authorized duration of pay. 

Sec. 612. Reenlistment bonus for members of Selected Reserve. 

Sec. 613. Increase in authorized maximum amount of Selected Reserve enlistment bonus. 

Sec. 614. Increase in authorized maximum amount for reserve affiliation bonus 

under reserve affiliation agreements entered into during fiscal 

year 2006. 

Sec. 615. Increase in authorized maximum amount of general enlistment bonus. 

Sec. 616. Use of referral bonus to promote enlistments in Selected Reserve. 

Sec. 617. Extension of active-duty retention bonuses and special pays for health 

care professionals to reserve component officers. 

Sec. 618. Critical-skills accession bonus for persons enrolled in Senior Reserve 

Officers’ Training Corps who are obtaining nursing degrees. 

Subtitle C—Payment Matters 

Sec. 621. Nonreduction in pay while Federal employee is serving on active duty 

in a reserve component of the uniformed services. 
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Sec. 622. Active-duty reserve component employee credit added to general business credit. 

Sec. 623. Differential wage payments. 

Sec. 624. Credit for income differential for employment of activated military reservist and replacement personnel. 

Sec. 625. Employer contributions to IRAs of certain members of the uniformed 

services. 

TITLE VII—FUNDING 

Sec. 701. Repeal of 2001 tax cut for high income taxpayers. 

Sec. 702. Repeal of scheduled termination of phaseout of personal exemptions. 

Sec. 703. Repeal of scheduled phaseout of overall limitation on itemized deductions. 

1 TITLE I—VETERANS HEALTH 

2 CARE 

3 Subtitle A—Increase in Funding 

4 SEC. 101. AUTHORIZATION OF ADDITIONAL FUNDING FOR 

5 VETERANS MEDICAL CARE. 

6 (a) AUTHORIZATION.—There are authorized to be ap7 propriated to the Department of Veterans Affairs, in addi8 tion to amounts otherwise authorized to be appropriated, 

9 the amount of $3,200,000,000 for fiscal year 2006. 

10 (b) IMPROVED ACCESS TO CARE.—Amounts appro11 priated pursuant to the authorization of appropriations in 

12 subsection (a) shall be used to ensure that veterans seek13 ing healthcare from the Department of Veterans Affairs 

14 receive their initial appointment for healthcare for a date 

15 that is not later than 30 days after the date on which 

16 the request is made. 
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1 Subtitle B—Equitable Medication 

2 Copayments and Enrollment Fees 

3 SEC. 111. PROHIBITION ON INCREASES IN MEDICATION CO4 PAYMENT FOR VETERANS AND IMPOSITION 

5 OF HEALTHCARE ENROLLMENT FEE FOR 

6 VETERANS. 

7 (a) MEDICATION COPAYMENTS.—During the period 

8 beginning on the date of the enactment of this Act and 

9 ending on October 1, 2007, the Secretary of Veterans Af10 fairs may not implement under subsection (b) of section 

11 1722A of title 38, United States Code, an increase in the 

12 copayment for medications required under subsection (a) 

13 of that section. 

14 (b) ENROLLMENT FEE.—During the period begin15 ning on the date of the enactment of this Act and ending 

16 on October 1, 2007, the Secretary of Veterans Affairs may 

17 not implement an enrollment fee for veterans enrolling (or 

18 renewing enrollment) in the Department of Veterans Af19 fairs healthcare system under section 1705 of such title. 

20 Subtitle C—Mental Health Benefits 

21 SEC. 121. DEFINITION. 

22 In this subtitle, the term ‘‘PTSD’’ means post-trau23 matic stress disorder. 
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1 CHAPTER 1—VETERANS OF PAST 

2 DEPLOYMENTS 

3 SEC. 125. SIX-YEAR EXTENSION OF ELIGIBILITY FOR READ4 JUSTMENT COUNSELING SERVICES FOR 

5 VIETNAM-ERA VETERANS. 

6 Section 1712A(a)(1)(B)(ii) of title 38, United States 

7 Code, is amended by striking ‘‘January 1, 2004’’ and in8 serting ‘‘January 1, 2010’’. 

9 CHAPTER 2—MILITARY ISSUES 

10 SEC. 131. DEPARTMENT OF VETERANS AFFAIRS-DEPART11 MENT OF DEFENSE HEALTH CARE SHARING 

12 INCENTIVE FUND. 

13 (a) IN GENERAL.—The Secretary of Veterans Affairs 

14 and the Secretary of Defense shall jointly take such steps 

15 as necessary to implement the proposal of the Center for 

16 the Study of Traumatic Stress at the Uniformed Services 

17 University of the Health Sciences for a Department of 

18 Veterans Affairs-Department of Defense Health Care 

19 Sharing Incentive Fund. 

20 (b) TELECOMMUNICATIONS SUPPORT.—As part of 

21 the implementation of the proposal referred to in sub22 section (a), the two Secretaries shall provide for a system 

23 of telecommunications to support the following: 
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1 (1) Continuing education and support for front2 line (forward-deployed) providers of health-care serv3 ices. 

4 (2) Enhanced treatment capacity for addressing 

5 acute episodes of PTSD and other mental health 

6 disorders in combat theaters, including— 

7 (A) real-time access to clinical specialty 

8 support; 

9 (B) web-based information on state-of-the10 art protocols for the treatment and diagnosis of 

11 PTSD and other mental health disorders; and 

12 (C) educational programs concerning 

13 PTSD and other mental health disorders com14 monly associated with deployment. 

15 SEC. 132. COLLECTION OF DATA FROM PRE- AND POST-DE16 PLOYMENT HEALTH ASSESSMENTS. 

17 (a) DATA COLLECTION.—The Secretary of Defense 

18 shall take appropriate steps to assist the Secretary of Vet19 erans Affairs with the collection of data from pre- and 

20 post-deployment health assessments of members of the 

21 Armed Forces that may be relevant for identification and 

22 treatment by the Secretary of Veterans Affairs of PTSD 

23 and other post-deployment mental health issues. The Sec24 retary of Defense may provide such information in aggre25 gate, unidentified format and may provide such informa-
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1 tion on a monthly basis or on such other schedule as the 

2 two Secretaries may agree to. 

3 (b) CONSENT FORMS.—The Secretary of Defense 

4 shall develop forms for use in obtaining the written con5 sent of members of the Armed Forces to allow the Depart6 ment of Veterans Affairs to collect data contained on pre7 deployment and post-deployment health assessment forms 

8 with relevant treatment information concerning PTSD 

9 and other mental health problems that may be associated 

10 with combat stress or readjustment to civilian life from 

11 those members of the Armed Forces to be discharged or 

12 demobilized within 90 days. Such consent forms shall be 

13 developed and made available for use by members of the 

14 Armed Forces covered by the preceding sentence not later 

15 than 60 days after the date of the enactment of this Act. 

16 (c) IDENTIFICATION OF SUBSTANCE USE DIS17 ORDERS.—The Secretary of Defense shall include in pre18 deployment and post-deployment health assessments ques19 tions to assist in identification of existing or potential sub20 stance use disorders among members of the Armed 

21 Forces. 

22 SEC. 133. PREVENTATIVE MAINTENANCE POST-DEPLOY23 MENT INTERVENTION. 

24 (a) IN GENERAL.—The Secretary of Veterans Affairs 

25 shall conduct routine preventative maintenance interven-
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1 tion for all members of the Armed Forces returning from 

2 deployment in a combat theater. Such intervention shall 

3 be conducted between 90 and 180 days after such mem4 bers return from such deployment. 

5 (b) PERSONNEL.—For purposes of such intervention, 

6 the Secretary of Veterans Affairs may use— 

7 (1) staff of the Department of Veterans Affairs, 

8 including readjustment counseling staff; and 

9 (2) persons trained by the Department of Vet10 erans Affairs, including volunteers from military 

11 unit associations, veteran service organizations, or 

12 other nonprofit organizations. 

13 (c) SIZE.—Such intervention shall be conducted with 

14 no more than six returning servicemembers at a time. 

15 (d) PURPOSE.—The purpose of such intervention 

16 shall be the following: 

17 (1) To identify and distinguish symptoms of 

18 ‘‘common’’ acute stress reactions from those of 

19 chronic and severe post-traumatic stress disorder. 

20 (2) To discuss concerns of combat personnel 

21 and those expressed by their family members. 

22 (3) To refer returning servicemembers to ap23 propriate services, as necessary. 
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1 (4) To disseminate educational materials about 

2 post-deployment mental health issues, including 

3 PTSD to servicemembers. 

4 (5) To provide follow-up educational materials 

5 by mail to family members. 

6 (6) To provide information concerning home7 lessness, including risk factors, awareness assess8 ment, and contact information for preventative as9 sistance associated with homelessness. 

10 (e) VA PARTICIPATION IN ADDITIONAL DEMOBILIZA11 TION ACTIVITIES.—The Secretary of Defense shall provide 

12 for the Secretary of Veterans Affairs to participate in ad13 ditional demobilization activities, including the Transi14 tional Assistance Program, that are conducted within the 

15 Department of Defense for the purposes specified in sub16 section (d). 

17 CHAPTER 3—PREVENTION, EARLY DETEC18 TION, AND TREATMENT FOR RETURN19 ING TROOPS 

20 SEC. 141. STUDY TO IDENTIFY FACTORS THAT DECREASE 

21 THE LIKELIHOOD OF THE DEVELOPMENT OF 

22 CHRONIC PTSD DESPITE COMBAT EXPOSURE. 

23 (a) STUDY.—The Secretary of Veterans Affairs shall 

24 provide for a study, to be conducted by an entity other 

25 than the Department of Veterans Affairs and the Depart-
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1 ment of Defense, to identify factors that decrease the like2 lihood of the development of chronic post-traumatic stress 

3 disorder (PTSD) in servicemembers and veterans who 

4 have had combat exposure, including exposure to guerilla 

5 warfare. 

6 (b) REPORT.—The Secretary shall provide for the en7 tity conducting the study under subsection (a) to submit 

8 a report on the results of the study to the Secretary and 

9 the Congress not later than one year after the date of the 

10 enactment of this Act. 

11 SEC. 142. EXTENSION OF PERIOD OF ENHANCED ELIGI12 BILITY FOR VA HEALTH SERVICES FOR VET13 ERANS WHO SERVED IN COMBAT THEATERS 

14 OF OPERATIONS. 

15 Section 1710(e)(3)(C) of title 38, United States 

16 Code, is amended by striking ‘‘2 years’’ and inserting ‘‘five 

17 years’’. 

18 SEC. 143. DEMONSTRATION PROJECT TO STATION DEPART19 MENT OF VETERANS AFFAIRS PSYCHOLO20 GISTS AND PSYCHIATRISTS AT MAJOR DEMO21 BILIZATION SITES AND MILITARY TREAT22 MENT FACILITIES. 

23 (a) DEMONSTRATION PROJECT.—The Secretary of 

24 Defense and the Secretary of Veterans Affairs shall jointly 

25 provide for the conduct of a demonstration project under 
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1 which Department of Veterans Affairs psychologists and 

2 psychiatrists are stationed at major demobilization sites 

3 and military treatment facilities. 

4 (b) PURPOSE.—The purposes of the demonstration 

5 project shall be as follows: 

6 (1) Identify, on an aggregate level, need for 

7 mental health services among active-duty, Reserve, 

8 and National Guard members. 

9 (2) Provide such services or refer members for 

10 necessary services. 

11 (3) Advise servicemembers of the need for con12 tinuous services. 

13 (4) Identify the obstacles servicemembers have 

14 in seeking appropriate mental health care. 

15 (c) FUNDING.—There is authorized to be appro16 priated such sums as may be necessary for each of fiscal 

17 years 2006, 2007, and 2008 for the conduct of the dem18 onstration project. Amounts for the conduct of the project 

19 shall be provided equally by the Secretary of Veterans Af20 fairs and the Secretary of Defense. 

21 (d) ELIGIBILITY CRITERIA.—Based on the results of 

22 the demonstration project, the Secretaries shall identify 

23 appropriate eligibility criteria for programs to best re24 spond to the needs of veterans, servicemembers, and their 

25 families for post-deployment mental health services. The 
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1 criteria identified shall be included in the report under 

2 subsection (e). 

3 (e) REPORT.—The Secretary of Veterans Affairs 

4 shall submit to the Committees on Veterans’ Affairs of 

5 the Senate and House of Representatives a report pro6 viding the results of the demonstration project. The report 

7 shall be submitted not later than 18 months after the date 

8 of the enactment of this Act. 

9 SEC. 144. MODEL PROGRAMS FOR POST-DEPLOYMENT MEN10 TAL HEALTH PRACTICE. 

11 (a) MODEL PROGRAMS.—The Secretary of Veterans 

12 Affairs, in consultation with the Secretary of Defense, 

13 shall develop model programs to respond to a variety of 

14 mental health disorders prevalent among veterans of serv15 ice in Operation Iraqi Freedom and Operation Enduring 

16 Freedom. The program shall be implemented at three sites 

17 selected by the Secretary, of which— 

18 (1) at least one site shall assign case managers 

19 to veterans receiving care under such program; and 

20 (2) at least one site shall use an integrated 

21 mental health and primary care model for post-de22 ployment mental health practice. 

23 (b) PURPOSE.—The purpose of the model program 

24 shall be as follows: 
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1 (1) Development of training protocols for in2 volved clinicians. 

3 (2) Identification of medical conditions which 

4 may be associated with post-deployment mental 

5 health problems including PTSD. 

6 (3) Identification of ‘‘best practices’’ for treat7 ment of post-deployment mental health problems in8 cluding PTSD. 

9 (4) Dissemination of results to the Veterans 

10 Health Administration and the Veterans Benefits 

11 Administration of the Department of Veterans Af12 fairs. 

13 (c) AUTHORIZATION.—There is authorized to be ap14 propriated for the purposes of subsection (a) the amount 

15 of $5,000,000 for each of fiscal years 2006, 2007, and 

16 2008. 

17 SEC. 145. PERFORMANCE MEASURES FOR DEPARTMENT OF 

18 VETERANS AFFAIRS HEALTH CARE ADMINIS19 TRATORS. 

20 (a) PERFORMANCE MEASURES.—The Secretary of 

21 Defense and the Secretary of Veterans Affairs, acting 

22 through the Department of Defense/Department of Vet23 erans Affairs Council on Post-Deployment Mental Health 

24 established under section 151, shall develop performance 

25 measures for Department of Veterans Affairs regional 
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1 health-care directors (referred to as VISN directors) and 

2 Department of Defense TRICARE regional managers to 

3 ensure the appropriate deployment of resources to imple4 ment the treatment protocols referred to as ‘‘Iraq War 

5 Clinical Practice Guidelines’’. 

6 (b) USE OF PERFORMANCE MEASURES.—The per7 formance measures under subsection (a) shall be designed 

8 to assess— 

9 (1) access and availability of PTSD treatment 

10 for servicemembers returned from deployment in a 

11 combat theater; and 

12 (2) implementation of protocols referred to in 

13 subsection (a). 

14 CHAPTER 4—DEPARTMENT OF DEFENSE/ 

15 DEPARTMENT OF VETERANS AFFAIRS 

16 COUNCIL ON POST-DEPLOYMENT 

17 MENTAL HEALTH 

18 SEC. 151. ESTABLISHMENT OF COUNCIL. 

19 The Secretary of Defense and the Secretary of Vet20 erans Affairs shall jointly establish a council to be known 

21 as the Department of Defense/Department of Veterans Af22 fairs Council on Post-Deployment Mental Health. The 

23 council shall be composed of leadership of the two depart24 ments in the areas of mental health, PTSD, substance 

25 abuse, and military sexual trauma. The council shall be 
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1 established not later than 120 days after the date of the 

2 enactment of this Act. 

3 SEC. 152. DUTIES OF COUNCIL. 

4 (a) DUTIES.—The Department of Defense/Depart5 ment of Veterans Affairs Council on Post-Deployment 

6 Mental Health shall have the following duties: 

7 (1) Review of the continuum of care between 

8 the Department of Defense and the Department of 

9 Veterans Affairs for mental health, PTSD, sub10 stance abuse, and military sexual trauma. 

11 (2) Identification of gaps in the treatment capa12 bility of the health-care systems of the Department 

13 of Defense and Department of Veterans Affairs for 

14 mental health, PTSD, substance abuse, and military 

15 sexual trauma and expected gaps in such continuum, 

16 with emphasis on access to services in rural areas, 

17 to meet the expected demand from current users and 

18 servicemembers returning from Operation Iraqi 

19 Freedom and Operation Enduring Freedom and 

20 other deployments. 

21 (3) Promotion, within both systems, of an edu22 cational program to implement the jointly developed 

23 Iraq War Clinical Practice Guidelines. 

24 (4) Development of outcome monitors and qual25 ity improvement instruments to ensure that internal 
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1 policy regarding PTSD is implemented (including 

2 TRICARE and VISN directors’ performance meas3 ures under section 307). 

4 (5) Recommendation of policies to reduce the 

5 stigma associated with the seeking of mental health 

6 care by active-duty, Reserve, and National Guard 

7 members. 

8 (6) Identification of the highest post-deploy9 ment mental health research priorities for the two 

10 departments. 

11 (7) Communications to inform active-duty 

12 servicemembers and veterans of matters relating to 

13 PTSD. 

14 (b) ANNUAL MEETING WITH STAKEHOLDERS.—The 

15 Council shall meet at least annually with stakeholder 

16 groups comprised of veterans, veterans service organiza17 tions, and family members of veterans receiving care from 

18 the Department of Veterans Affairs mental health pro19 grams, and mental health associations. 

20 (c) REPORT.—The Council shall prepare a report 

21 based on the reviews under paragraphs (1) and (2) of sub22 section (a) to identify the necessary resources to create 

23 or enhance PTSD treatment capabilities. The report shall 

24 be made available to the Secretary of both Departments 

25 for comment. The Secretaries shall indicate recommenda-
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1 tions in which they concur or disagree and include specific 

2 plans for implementation of any recommendations accept3 ed. The report, with the comments and recommendations 

4 of the two Secretaries shall be submitted to the Commit5 tees on Veterans’ Affairs and the Committees on Armed 

6 Services of the Senate and House of Representatives not 

7 later than one year after the date of the enactment of this 

8 Act. The report shall include priority listing of sites which 

9 require investments according to the greatest perceived 

10 need for PTSD services. 

11 CHAPTER 5—CAPACITY BUILDING IN 

12 DEPARTMENT OF VETERANS AFFAIRS 

13 SEC. 161. PLAN FOR EXPANSION OF DEPARTMENT OF VET14 ERANS AFFAIRS SYSTEM TO EXPAND ACCESS 

15 TO SPECIALIZED PTSD CARE. 

16 (a) DEVELOPMENT OF PLAN.—Based upon the re17 port under section 152(b), the Secretary of Veterans Af18 fairs shall develop a plan for the Department of Veterans 

19 Affairs to expand access to specialized PTSD care 

20 through— 

21 (1) Readjustment Counseling Service centers 

22 operated under section 1712A of title 38, United 

23 States Code; 

24 (2) community-based outpatient clinics; and 

25 (3) telemedicine. 
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1 (b) INSPECTOR GENERAL INVESTIGATION.—The In2 spector General of the Department of Veterans Affairs 

3 shall investigate specialized programs of the Department 

4 of Veterans Affairs for the treatment of post-traumatic 

5 stress disorder in order to determine— 

6 (1) the current workloads of those programs; 

7 (2) staff associated with each of those pro8 grams; 

9 (3) funds obligated for those programs; and 

10 (4) any waiting times associated with those pro11 grams. 

12 (c) REPORT.—The Inspector General shall submit to 

13 the Committees on Veterans’ Affairs of the Senate and 

14 House of Representatives a report containing the Inspec15 tor General’s findings under subsection (b), together with 

16 an assessment of the ability of the Department of Vet17 erans Affairs to address such findings, along with rec18 ommendations for accommodating— 

19 (1) the current workload of the Department in 

20 specialized treatment program; 

21 (2) 102 percent of the current workload of the 

22 Department; and 

23 (3) 110 percent of the current workload of the 

24 Department. 
22 

•HR 2131 IH 

1 SEC. 162. ADDITIONAL DEPARTMENT OF VETERANS AF2 FAIRS RESOURCES. 

3 In order to improve access to mental health services, 

4 the Secretary of Veterans Affairs shall provide the fol5 lowing: 

6 (1) 100 additional full-time equivalent employ7 ees to Readjustment Counseling Service outstations. 

8 (2) A PTSD clinical team at every medical cen9 ter of the Veterans Health Administration. 

10 (3) A family therapist at each Vet Center under 

11 section 1712A of title 38, United States Code. 

12 (4) A PTSD coordinator in each regional net13 work referred to as a Veterans Integrated Service 

14 Network (VISN ) whose duties shall include— 

15 (A) development of plans for meeting 

16 PTSD and other post-deployment mental health 

17 treatment needs consistent with the report 

18 under section 152(b); 

19 (B) assurance of implementation of clinical 

20 practice guidelines throughout the VISN; 

21 (C) liaison among all health-care sites in 

22 the VISN and the Department Central Office 

23 on matters relating to PTSD. 

24 (5) A PTSD coordinator in each regional office 

25 of the Readjustment Counseling Service whose du26 ties shall include liaison with regional office staff 
23 

•HR 2131 IH 

1 and medical centers for veterans seeking service-con2 nection for PTSD. 

3 CHAPTER 6—FAMILY THERAPY 

4 SEC. 165. ELIGIBILITY FOR FAMILY COUNSELING AND BE5 REAVEMENT COUNSELING. 

6 (a) COUNSELING FOR FAMILY MEMBERS OF VET7 ERANS BEING TREATED FOR SERVICE-CONNECTED DIS8 ABILITIES.—Section 1782(a) of title 38, United States 

9 Code, is amended by adding at the end the following new 

10 sentence: ‘‘In addition, the Secretary shall provide to an 

11 individual described in subsection (c) such professional 

12 counseling and mental health services as are necessary as 

13 a consequence of a disability of a veteran described in the 

14 preceding sentence. Counseling and mental health services 

15 under the preceding sentence shall be provided (if so re16 quested by the individual) for a period of two years from 

17 the date on which the individual first receives such coun18 seling or mental health services under the preceding sen19 tence.’’. 

20 (b) BEREAVEMENT COUNSELING.—Section 1783 of 

21 such title is amended— 

22 (1) by striking ‘‘may provide’’ in subsections (a) 

23 and (b) and inserting ‘‘shall, upon request, provide’’; 

24 and 
24 

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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(d) DURATION OF COUNSELING.—Counseling under 

4 subsection (a) or with respect to the death of a veteran 

5 or under subsection (b) with respect to the death of a 

6 member who dies in the active military, naval, or air serv7 ice shall be provided to an individual eligible for such 

8 counseling (if so requested by that individual) for a period 

9 of two years from the date on which the individual first 

10 receives counseling under this section with respect to that 

11 death.’’. 

12 CHAPTER 7—EDUCATIONAL INITIATIVES 

13 SEC. 171. TRAINING PROGRAM FOR HEALTH-CARE PRO14 VIDERS. 

15 The Secretary of Veterans Affairs and the Secretary 

16 of Defense shall jointly develop a broad training program 

17 for all health-care providers in the Department of Vet18 erans Affairs and the Department of Defense to famil19 iarize those providers with mental health-care issues that 

20 are likely to arise among persons deployed to combat thea21 ters during the five years after such a deployment. 
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1 SEC. 172. CURRICULUM AND PROTOCOLS FOR CROSS2 TRAINING OF DEPARTMENT OF VETERANS 

3 AFFAIRS CLINICIANS. 

4 The Secretary of Veterans Affairs shall develop a cur5 riculum and required protocols for cross-training to allow 

6 the following clinicians of the Department of Veterans Af7 fairs to screen for post-deployment mental health prob8 lems, including PTSD, and, as appropriate, provide infor9 mation and appropriate referral to— 

10 (1) primary care providers; 

11 (2) practitioners assigned as Gulf War points12 of-contact; and 

13 (3) clinicians assigned as case managers. 

14 SEC. 173. PUBLICATION OF STATE-OF-THE-ART POST-DE15 PLOYMENT MENTAL HEALTH PROBLEMS DI16 AGNOSIS AND TREATMENT. 

17 The Secretary of Veterans Affairs and the Secretary 

18 of Defense shall jointly develop a plan for the production 

19 and dissemination of publications to advise clinicians on 

20 state-of-the-art diagnosis and treatment of PTSD and 

21 other mental health disorders experienced after deploy22 ment, including any medical conditions associated with 

23 such disorders. 
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1 SEC. 174. PROTOCOLS FOR PAIN MANAGEMENT FOR PTSD 

2 AND WAR-RELATED PAIN. 

3 The Secretary of Veterans Affairs and the Secretary 

4 of Defense shall jointly develop protocols for pain manage5 ment for PTSD and war-related pain. 

6 SEC. 175. PROTOCOLS FOR TREATMENT OF SUBSTANCE 

7 USE DISORDERS. 

8 The Secretary of Defense shall develop appropriate 

9 substance use disorder treatment protocols for assistance 

10 in combat areas of operations and on return to the United 

11 States. 

12 SEC. 176. PROTOCOLS FOR DIAGNOSIS OF POST-TRAU13 MATIC STRESS DISORDER. 

14 (a) FINDINGS.—The Congress finds as follows: 

15 (1) The symptoms of post-traumatic stress dis16 order are often similar to those of traumatic brain 

17 injury and some neurological disorders. 

18 (2) Some veterans with PTSD have co19 morbidities that may mask or compound the symp20 toms associated with PTSD. 

21 (3) Correct diagnosis of PTSD and other dis22 orders is critical to effective treatment of those dis23 orders. 

24 (b) CLINICAL PRACTICE GUIDELINES.—The Sec25 retary of Veterans Affairs shall develop clinical practice 

26 guidelines to ensure that clinicians are able to effectively 
27 

•HR 2131 IH 

1 distinguish between diagnoses with similar symptoms that 

2 may manifest as post-traumatic stress disorder. 

3 CHAPTER 8—NATIONAL STEERING 

4 COMMITTEE ON PTSD EDUCATION 

5 SEC. 181. NATIONAL STEERING COMMITTEE. 

6 (a) ESTABLISHMENT.—There is a National Steering 

7 Committee on PTSD Education, to be appointed by the 

8 joint council established under section 151. The committee 

9 shall be comprised of mental health and other health pro10 fessionals and health educators involved in the care of vet11 erans of a deployment to a theater of combat on or after 

12 the date of the enactment of this Act. 

13 (b) PURPOSE.—The committee shall review training 

14 protocols for health-care providers and plans for dissemi15 nation of educational materials to veterans, their families, 

16 and other relevant parties and shall identify the resources 

17 available to provide for those purposes. 

18 (c) MEETINGS.—The committee shall meet at least 

19 once annually. 

20 SEC. 182. FUNDING SUPPORT FOR NATIONAL CENTER FOR 

21 PTSD. 

22 There is authorized to be appropriated to the Sec23 retary of Veterans Affairs for the National Center for 

24 PTSD to assist in carrying out a joint educational initia25 tive with the Uniformed Services University of the Health 
28 

•HR 2131 IH 

1 Sciences the amount of $5,000,000 for each of fiscal years 

2 2005 through 2014. 

3 SEC. 183. CONTINUING EDUCATION TO MENTAL HEALTH 

4 PROVIDERS. 

5 The National Steering Committee established under 

6 section 181 shall provide continuing education to mental 

7 health providers in the Department of Veterans Affairs 

8 and the Department of Defense. 

9 SEC. 184. WEB-BASED CURRICULUM TO SPONSOR CLINI10 CIAN TRAINING INITIATIVES. 

11 The National Steering Committee established under 

12 section 181 shall develop a Web-based curriculum to spon13 sor clinician training initiatives. 

14 CHAPTER 9—BENEFITS 

15 SEC. 191. IDENTIFICATION OF DEFICIENCIES IN PTSD DIS16 ABILITY EXAMINATIONS. 

17 (a) EVALUATION OF ADJUDICATION OF CLAIMS.— 

18 The Secretary of Veterans Affairs, in consultation with the 

19 National Center for PTSD, shall obtain an evaluation of 

20 the quality and consistency of adjudication of claims for 

21 PTSD, including the adequacy of service-connected com22 pensation examinations for rating purposes and the extent 

23 to which veterans who are service-connected for PTSD are 

24 actually employed and employable. 
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1 (b) REPORT.—Not later than 12 months after the 

2 date of the enactment of this Act, the Secretary shall sub3 mit to the Committees on Veterans Affairs of the Senate 

4 and House of Representatives a report that includes the 

5 following information and recommendations: 

6 (1) The types of evidence sufficient to confirm 

7 combat experience for veterans filing claims for 

8 PTSD based on combat. 

9 (2) The policies and procedures used to obtain 

10 confirmation of a stressor, including documentation 

11 of service in combat for claims based on PTSD. 

12 (3) Based on a representative national sample, 

13 the number and percentage of veterans for each pe14 riod of war whose claims for PTSD have been de15 nied based upon the lack of a credible stressor. 

16 (4) Based on a representative national sample, 

17 the number and percentage of veterans for each pe18 riod of war whose claims for PTSD have been de19 nied based upon the lack of a diagnosis of PTSD. 

20 (5) Based on a representative national sample, 

21 the number and percentage of veterans for each pe22 riod of war whose claims for PTSD have been grant23 ed and the rating which was initially awarded for 

24 that claim. 
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1 (6) The number of initial and subsequent 

2 claims and average time to process claims for PTSD 

3 which have been granted (including the rating as4 signed and any determination as to employability) 

5 and denied for each regional office for a consecutive 

6 six month period. 

7 (7) The number and percentage of initial claims 

8 for PTSD selected from a representative national 

9 sample during a consecutive six month period which 

10 had a compensation and pension examination con11 ducted in compliance with best practices for PTSD 

12 examinations. 

13 (8) The number and percentage of examina14 tions selected from a representative national sample 

15 during a consecutive six month period in which the 

16 compensation and pension examinations for PTSD 

17 were judged to be inadequate. 

18 (9) The number and percentage of claims for 

19 PTSD selected from a representative national sam20 ple during that consecutive six month period for 

21 which the examination was returned as inadequate. 

22 (10) The maximum, minimum and average time 

23 based upon a representative national sample allo24 cated for completion of an initial compensation and 

25 pension examination for PTSD. 
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1 (11) An assessment comparing the employment 

2 of veterans rated for psychiatric impairments with 

3 similar ratings based upon physical impairments in4 cluding, the number of veterans in each sample who 

5 are employed on a full time or part time basis, the 

6 average time such veterans have been unemployed 

7 and a comparison of the amount of work lost from 

8 employment due to disability and the average earn9 ings of veterans in each group. 

10 (12) Taking into account criteria such as the 

11 information in the Dictionary of Occupational Titles 

12 (DOT), including its companion publication, the Se13 lected Characteristics of Occupations Defined in the 

14 Revised Dictionary of Occupational Titles (SCO), 

15 published by the Department of Labor, examples of 

16 the types of employment that an average veteran 

17 rated at 30 percent, at 50 percent, and at 70 per18 cent disabled for PTSD can be expected to obtain 

19 and retain. 

20 (13) The number of claims for PTSD appealed 

21 to the Board of Veterans Appeals during fiscal year 

22 2005, including the specific issue appealed (service23 connection, effective date, rating) and the results of 

24 such appeals (affirmed, denied, remanded, other dis25 position). 
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1 (14) Recommendations for improving the accu2 racy and consistency of PTSD examinations, claim 

3 development and decisions. 

4 (15) Barriers to successful employment for vet5 erans who have been service-connected for PTSD. 

6 (16) Recommendations for removing barriers to 

7 employment for veterans who have been service-con8 nected for PTSD. 

9 (17) Recommendations for legislative changes 

10 which could improve the potential for vocational re11 habilitation and employment of persons service-con12 nected for PTSD. 

13 SEC. 192. CRITERIA FOR DETERMINING MEDICAL CONDI14 TIONS ASSOCIATED WITH PTSD. 

15 The Secretary of Veterans Affairs shall develop— 

16 (1) criteria for determining those medical condi17 tions that are as likely as not to be associated with 

18 PTSD; and 

19 (2) standards for determining when secondary 

20 service-connection should be granted for those condi21 tions. 

22 CHAPTER 10—PUBLIC AWARENESS 

23 SEC. 195. PUBLIC AWARENESS PROGRAM. 

24 The Secretary of Veterans Affairs shall conduct an 

25 aggressive, comprehensive outreach program to enhance 
33 

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1 the awareness of veterans, and the public in general, of 

2 the symptoms of PTSD and of the services available for 

3 veterans with those symptoms. The Secretary of Defense 

4 shall provide the Secretary of Veterans Affairs with such 

5 assistance as may be required for the purposes of such 

6 program. To the extent practicable, the program shall be 

7 conducted through the joint council established under sec8 tion 151. 

9 SEC. 196. WEB SITE AND MATERIALS FOR GENERAL CAM10 PAIGN OF AWARENESS OF PTSD. 

11 As part of the program under this title, the Secretary 

12 of Veterans Affairs shall develop and continually update 

13 a Web site and materials, including pamphlets, news re14 leases, fact sheets, and other materials, for the purposes 

15 of a general campaign of awareness of post-traumatic 

16 stress disorder. 

17 TITLE II—DISABLED VETERANS 

18 Subtitle A—Payment Matters 

19 SEC. 201. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED 

20 PAY AND VETERANS’ DISABILITY COMPENSA21 TION FOR CERTAIN ADDITIONAL MILITARY 

22 RETIREES WITH COMPENSABLE SERVICE23 CONNECTED DISABILITIES. 

24 (a) EXTENSION OF CONCURRENT RECEIPT AUTHOR25 ITY TO RETIREES WITH SERVICE-CONNECTED DISABIL-
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1 ITIES RATED LESS THAN 50 PERCENT.—Section 1414 of 

2 title 10, United States Code, is amended by striking para3 graph (2) of subsection (a). 

4 (b) REPEAL OF PHASE-IN OF CONCURRENT RECEIPT

5 OF RETIRED PAY AND VETERANS’ DISABILITY COM6 PENSATION.—Such section is further amended— 

7 (1) in subsection (a), by striking the final sen8 tence of paragraph (1); 

9 (2) by striking subsection (c) and redesignating 

10 subsections (d) and (e) as subsections (c) and (d), 

11 respectively; and 

12 (3) in subsection (d) (as so redesignated), by 

13 striking subparagraph (4). 

14 (c) CLERICAL AMENDMENTS.— 

15 (1) The heading for section 1414 of such title 

16 is amended to read as follows: 

17 ‘‘§ 1414. Members eligible for retired pay who are also 

18 eligible for veterans’ disability compensa19 tion: concurrent payment of retired pay 

20 and disability compensation’’. 

21 (2) The item relating to such section in the 

22 table of sections at the beginning of chapter 71 of 

23 such title is amended to read as follows: 

‘‘1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and 

disability compensation.’’. 
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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect as of January 1, 2006, and 

3 shall apply to payments for months beginning on or after 

4 that date. 

5 SEC. 202. COORDINATION OF SERVICE ELIGIBILITY FOR 

6 COMBAT-RELATED SPECIAL COMPENSATION 

7 AND CONCURRENT RECEIPT . 

8 (a) ELIGIBILITY FOR TERA RETIREES.—Subsection 

9 (c) of section 1413a of title 10, United States Code, is 

10 amended by striking ‘‘entitled to retired pay who—’’ and 

11 all that follows and inserting ‘‘who— 

12 ‘‘(1) is entitled to retired pay, other than a 

13 member retired under chapter 61 of this title with 

14 less than 20 years of service creditable under section 

15 1405 of this title and less than 20 years of service 

16 computed under section 12732 of this title; and 

17 ‘‘(2) has a combat-related disability’’. 

18 (b) AMENDMENTS TO STANDARDIZE SIMILAR PROVI19 SIONS.— 

20 (1) CLERICAL AMENDMENT.—The heading for 

21 paragraph (3) of section 1413a(b) of such title is 

22 amended by striking ‘‘RULES’’ and inserting 

23 ‘‘RULE’’. 

24 (2) SPECIFICATION OF QUALIFIED RETIREES

25 FOR CONCURRENT RECEIPT PURPOSES.—Subsection 
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•HR 2131 IH 

1 (a) of section 1414 of such title, as amended by sec2 tion 2(a), is amended— 

3 (A) by striking ‘‘a member or’’ and all that 

4 follows through ‘‘retiree’)’’ and inserting ‘‘an 

5 individual who is a qualified retiree for any 

6 month’’; 

7 (B) by inserting ‘‘retired pay and veterans’ 

8 disability compensation’’ after ‘‘both’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) QUALIFIED RETIREES.—For purposes of 

12 this section, a qualified retiree, with respect to any 

13 month, is a member or former member of the uni14 formed services who— 

15 ‘‘(A) is entitled to retired pay, other than 

16 in the case of a member retired under chapter 

17 61 of this title with less than 20 years of serv18 ice creditable under section 1405 of this title 

19 and less than 20 years of service computed 

20 under section 12732 of this title; and 

21 ‘‘(B) is also entitled for that month to vet22 erans’ disability compensation.’’. 

23 (3) STANDARDIZATION WITH CRSC RULE FOR

24 CHAPTER 61 RETIREES.—Subsection (b) of section 

25 1414 of such title is amended— 
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1 (A) by striking ‘‘SPECIAL RULES’’ in the 

2 subsection heading and all that follows through 

3 ‘‘is subject to’’ in paragraph (1) and inserting 

4 ‘‘SPECIAL RULE FOR CHAPTER 61 DISABILITY

5 RETIREES.—In the case of a qualified retiree 

6 who is retired under chapter 61 of this title, the 

7 retired pay of the member is subject to’’; and 

8 (B) by striking paragraph (2). 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect as of January 1, 2006, and 

11 shall apply to payments for months beginning on or after 

12 that date. 

13 SEC. 203. INTERIM PAYMENTS UNDER CERTAIN VETERANS 

14 CLAIMS WHEN DECISION IS DELAYED FOL15 LOWING REMAND. 

16 (a) IN GENERAL.—(1) Chapter 53 of title 38, United 

17 States Code, is amended by adding at the end the fol18 lowing new section: 

19 ‘‘SEC. 5320. INTERIM BENEFITS UNDER CERTAIN RE20 MANDED CASES. 

21 ‘‘(a) INTERIM BENEFITS.—When a claim for benefits 

22 under the jurisdiction of the Secretary is remanded by the 

23 United States Court of Appeals for Veterans Claims or 

24 by the Board for Veterans’ Appeals in a case involving 

25 a claim under chapters 11, 13 or 15 of this title and to 
38 

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1 which sections 5109B or 7112 of this title applies, if the 

2 Secretary does not make a decision on the matter within 

3 180 days of the date of the remand decision, then until 

4 such matter is finally decided, the Secretary shall pay an 

5 interim benefit in the amount of $500 per month to each 

6 claimant under the claim. Such payments shall commence 

7 as of the first month beginning after the end of such 180- 

8 day period. 

9 ‘‘(b) EFFECT ON INTERIM BENEFIT PAYMENTS OF

10 FINAL DECISION ON CLAIM.—When a claim with respect 

11 to which interim benefits are being paid under subsection 

12 (b) is finally decided— 

13 ‘‘(1) if the final decision is to award benefits, 

14 the amounts paid as interim benefits shall be consid15 ered to be an advance payment of benefits owed for 

16 any period before the date of such final decision (ex17 cept that if the total amount of interim benefits paid 

18 is greater than the amount of retroactive benefits, 

19 the amount of the difference shall not be considered 

20 to be an overpayment for any purpose); and 

21 ‘‘(2) if the final decision is not to award bene22 fits, the amounts paid as interim benefits shall not 

23 be considered to be an overpayment for any pur24 pose.’’. 
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•HR 2131 IH 

1 (2) The table of sections at the beginning of such 

2 chapter is amended by adding at the end the following 

3 new item: 

‘‘Sec. 5320. Interim benefits under certain remanded cases.’’. 

4 (b) EFFECTIVE DATE.—Section 5320 of title 38, 

5 United States Code, as added by subsection (a), shall 

6 apply with respect to any decision remanded by the Court 

7 of Appeals for Veterans Claims or the Board of Veterans’ 

8 Appeals on or after the date of the enactment of this Act. 

9 (c) REPORT.—Not later than 6 months after the date 

10 of the enactment of this Act, the Secretary of Veterans 

11 Affairs shall submit to Congress a report on measures the 

12 Secretary intends to take to expedite the processing of re13 manded claims for veterans benefits. 

14 Subtitle B—Outreach 

15 SEC. 211. RESCISSION OF DEPARTMENT OF VETERANS AF16 FAIRS MEMORANDUM. 

17 (a) RESCISSION OF MEMORANDUM.—The memo18 randum of the Department of Veterans Affairs dated July 

19 18, 2002, from the Deputy Under Secretary for Health 

20 for Operations and Management with the subject ‘‘Status 

21 of VHA Enrollment and Associated Issues’’ is hereby re22 scinded. Marketing activities of directors of health service 

23 networks (known as ‘‘Veterans Integrated Service Net24 works’’) of the Department of Veterans Affairs to enroll 
40 

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1 new veterans within their respective networks shall be car2 ried out without regard to such memorandum. 

3 (b) FUNDING LIMITATION.—No funds available to 

4 the Department of Veterans Affairs may be used to carry 

5 out the memorandum referred to in subsection (a) or oth6 erwise to implement the policy contained in that memo7 randum. 

8 SEC. 212. OUTREACH ACTIVITIES. 

9 (a) ANNUAL PLAN REQUIRED.—Subchapter II of 

10 chapter 77 of title 38, United States Code, is amended 

11 by adding at the end the following new sections: 

12 ‘‘§ 7728. Annual plan on outreach activities 

13 ‘‘(a) ANNUAL PLAN REQUIRED.—The Secretary shall 

14 prepare each year a plan for the outreach activities of the 

15 Department for the following year. 

16 ‘‘(b) ELEMENTS.—Each annual plan under sub17 section (a) shall include the following: 

18 ‘‘(1) Plans for efforts to identify veterans who 

19 are not enrolled or registered with the Department 

20 for benefits or services under the programs adminis21 tered by the Secretary. 

22 ‘‘(2) Plans for informing veterans and their de23 pendents of modifications of the benefits and serv24 ices under the programs administered by the Sec-
41 

•HR 2131 IH 

1 retary, including eligibility for medical and nursing 

2 care and services. 

3 ‘‘(c) COORDINATION IN DEVELOPMENT.—In devel4 oping an annual plan under subsection (a), the Secretary 

5 shall consult with the following: 

6 ‘‘(1) Directors or other appropriate officials of 

7 organizations recognized by the Secretary under sec8 tion 5902 of this title. 

9 ‘‘(2) Directors or other appropriate officials of 

10 State and local education and training programs. 

11 ‘‘(3) The Administration on Aging of the De12 partment of Health and Human Services. 

13 ‘‘(4) Representatives of nongovernmental orga14 nizations that carry out veterans outreach programs. 

15 ‘‘(5) Representatives of State and local veterans 

16 employment organizations. 

17 ‘‘(6) Businesses and professional organizations. 

18 ‘‘(7) Other individuals and organizations that 

19 assist veterans in adjusting to civilian life. 

20 ‘‘(d) INCORPORATION OF ASSESSMENT OF PREVIOUS

21 ANNUAL PLANS.—In developing an annual plan under 

22 subsection (a), the Secretary shall take into account the 

23 lessons learned from the implementation of previous an24 nual plans under that subsection and program evaluations 
42 

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1 from the Office of Policy, Planning, and Preparedness of 

2 the Department. 

3 ‘‘§ 7729. Outreach activities: coordination of activities 

4 within Department 

5 ‘‘(a) The Secretary shall establish and maintain pro6 cedures for ensuring the effective coordination of the out7 reach activities of the Department between and among the 

8 following: 

9 ‘‘(1) The Office of the Secretary. 

10 ‘‘(2) The Office of Public Affairs. 

11 ‘‘(3) The Veterans Health Administration. 

12 ‘‘(4) The Veterans Benefits Administration. 

13 ‘‘(5) The National Cemetery Administration. 

14 ‘‘(b) The Secretary shall— 

15 ‘‘(1) periodically review the procedures main16 tained under subsection (a) for the purpose of ensur17 ing that such procedures meet the requirement in 

18 that subsection; and 

19 ‘‘(2) make such modifications to such proce20 dures as the Secretary considers appropriate in light 

21 of such review in order to better achieve that pur22 pose.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by inserting 
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1 after the item relating to section 7727 the following new 

2 items: 

‘‘7728. Annual plan on outreach activities. 

‘‘7729. Outreach activities: coordination of activities within Department.’’. 

3 (c) INITIAL ANNUAL PLAN.—The first annual out4 reach activities plan under section 7728 of title 38, United 

5 States Code, as added by subsection (a), shall be prepared 

6 for the first year beginning after the date of the enactment 

7 of this Act. 

8 SEC. 213. REQUIREMENT FOR OUTREACH EFFORTS AND 

9 DEDICATED STAFF AT EACH REGIONAL OF10 FICE. 

11 (a) FINDINGS.—Congress and the Department of 

12 Veterans Affairs historically have targeted certain specific 

13 populations for outreach efforts concerning benefits under 

14 laws administered by the Secretary of Veterans Affairs. 

15 Groups currently targeted for such outreach efforts and 

16 for which program outreach coordinators have been des17 ignated at each regional office of the Department of Vet18 erans Affairs are the following: 

19 (1) Former prisoners of war. 

20 (2) Women veterans. 

21 (3) Minority veterans. 

22 (4) Active duty personnel. 

23 (5) Homeless veterans. 

24 (6) Elderly veterans. 
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1 (7) Recently separated veterans. 

2 (b) ELIGIBLE DEPENDENT DEFINED.—Paragraph 

3 (2) of section 7721(b) of title 38, United States Code, is 

4 amended to read as follows: 

5 ‘‘(2) the term ‘eligible dependent’ means a 

6 spouse, surviving spouse (whether or not remarried), 

7 child (regardless of age or marital status), or parent 

8 of a person who served in the active military, naval, 

9 or air service.’’. 

10 (c) IMPROVED OUTREACH PROGRAM.—Section 7727 

11 of title 38, United States Code, is amended to read as 

12 follows: 

13 ‘‘§ 7727. Outreach for eligible dependents 

14 ‘‘(a) In carrying out this subchapter, the Secretary 

15 shall ensure that the needs of eligible dependents are fully 

16 addressed. 

17 ‘‘(b)(1) In order to carry out subsection (a), the Sec18 retary shall assign such employees of the Veterans Bene19 fits Administration as the Secretary considers appropriate 

20 to conduct outreach programs and provide outreach serv21 ices for eligible dependents. In areas where the number 

22 of eligible dependents warrant doing so, the Secretary 

23 shall assign at least one employee in the Veterans Benefits 

24 Administration regional office to serve as a full-time coor-
45 

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1 dinator of outreach programs and services for eligible de2 pendents in that region. 

3 ‘‘(2) Responsibilities of employees assigned to out4 reach functions under paragraph (1) shall include pro5 viding eligible dependents with— 

6 ‘‘(A) information about benefits under laws ad7 ministered by the Secretary; and 

8 ‘‘(B) contacting responsible regional office em9 ployees to facilitate— 

10 ‘‘(i) assistance in claims preparation and 

11 inquiry resolution; and 

12 ‘‘(ii) in the case of a dependent of a de13 ceased veteran for whom necessary records are 

14 incomplete, assistance in obtaining such records 

15 and other necessary information concerning the 

16 veteran. 

17 ‘‘(c)(1) Information provided an eligible dependent 

18 under this section shall include information on how to 

19 apply for benefits for which the dependent may be eligible, 

20 including information about assistance available under 

21 subsection (b) and section 7722(d) of this title. 

22 ‘‘(2) In the case of eligible dependents who are mem23 bers of distinct beneficiary populations (such as survivors 

24 of deceased veterans), the Secretary shall ensure that in-
46 

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1 formation provided under this section includes specific in2 formation about benefits relating to that population. 

3 ‘‘(d) For any geographic area in which there is a sig4 nificant population of eligible dependents whose primary 

5 language is a language other than English, the Secretary 

6 shall make information provided under this subsection 

7 available to those dependents in the dominant language 

8 in that area (in addition to English). 

9 ‘‘(e) Outreach services and assistance shall be pro10 vided for eligible dependents through the same means that 

11 are used for other specially targeted groups. 

12 ‘‘(f) The Secretary shall ensure that the availability 

13 of outreach services and assistance for eligible dependents 

14 under this subchapter is made known through a variety 

15 of means, including the Internet, correspondence of the 

16 Department, announcements in veterans publications, an17 nouncements to the media, telephone directories, direct 

18 correspondence to congressional offices, military bases, 

19 public affairs offices, military retiree affairs offices, and 

20 United States embassies. 

21 ‘‘(g) The Secretary shall support the Department’s 

22 periodic evaluation under section 527 of this title con23 cerning the Department’s efforts to address the needs of 

24 eligible dependents. 
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1 ‘‘(h) The Secretary shall include in the Secretary’s 

2 annual report under section 529 of this title an assessment 

3 of the programs of the Department addressing the infor4 mation and assistance needs of veterans and eligible de5 pendents. The Secretary shall include in each such report 

6 the following: 

7 ‘‘(1) Information about expenditures, costs, and 

8 workload under the program of the Department di9 rected towards the information and assistance needs 

10 of veterans and eligible dependents. 

11 ‘‘(2) Information about outreach efforts di12 rected toward veterans and eligible dependents. 

13 ‘‘(3) Information about emerging needs within 

14 the program that relate to other provisions of law, 

15 including section 7725 of this title with respect to 

16 language needs of veterans and eligible dependents. 

17 ‘‘(4) Information as to the timeline for imple18 mentation of improvements to meet existing and 

19 emerging needs of veterans and eligible dependents 

20 in addition to those specified in this section.’’. 
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1 TITLE III—SURVIVORS AND 

2 DEPENDENTS 

3 SEC. 301. REPEAL OF DEPENDENCY AND INDEMNITY COM4 PENSATION OFFSET FROM SURVIVOR BEN5 EFIT PLAN SURVIVING SPOUSE ANNUITIES. 

6 (a) REPEAL.—Subsections (c), (e), and (k) of section 

7 1450 of title 10, United States Code, and subsection (c)(2) 

8 of section 1451 of such title are repealed. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a)— 

11 (1) shall take effect on the later of October 1, 

12 2005, or the date of the enactment of this Act; and 

13 (2) shall apply with respect to payment of an14 nuities under subchapter II of chapter 73 of title 10, 

15 United States Code, for months beginning on or 

16 after that date. 

17 (c) RECOUPMENT OF CERTAIN AMOUNTS PRE18 VIOUSLY REFUNDED TO SBP RECIPIENTS.—(1) A sur19 viving spouse who is in receipt of an SBP annuity that 

20 is in effect before the date specified in subsection (b) and 

21 that is adjusted by reason of the amendments made by 

22 subsection (a) and who had previously received an SBP 

23 retired pay refund shall repay an amount determined 

24 under paragraph (2). Any such repayment shall be made 

25 in the same manner as a repayment under subsection 
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1 (k)(2) of section 1450 of title 10, United States Code, as 

2 in effect on the day before the date of the enactment of 

3 this Act. 

4 (2) The amount of a repayment under paragraph (1) 

5 shall be the amount that bears the same ratio to the 

6 amount of that refund as the surviving spouse’s life ex7 pectancy (determined in accordance with standard actu8 arial practices) bears to the anticipated total duration of 

9 the annuity (determined as the sum of such life expectancy 

10 and the duration of the annuity already received). 

11 (3) In this subsection: 

12 (A) The term ‘‘SBP annuity’’ means an annu13 ity under the program established under subchapter 

14 II of chapter 73 of title 10, United States Code. 

15 (B) The term ‘‘SBP retired pay refund’’ means 

16 a refund under subsection (e) of section 1450 of title 

17 10, United States Code, as in effect before the date 

18 specified in subsection (b). 

19 SEC. 302. INCREASE IN MONTHLY DEPENDENCY AND IN20 DEMNITY COMPENSATION PAYABLE TO A 

21 SURVIVING SPOUSE FOR SO LONG AS THERE 

22 ARE MINOR CHILDREN. 

23 (a) INCREASE IN DIC.—Subsection (b) of section 

24 1311 of title 38, United States Code, is amended by in25 serting ‘‘$250, plus’’ after ‘‘shall be increased by’’. 
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1 (b) CONFORMING REPEAL OF TWO-YEAR LIMITA2 TION.—Subsection (e) of such section is repealed. 

3 (c) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect with respect to payments 

5 of dependency and indemnity compensation under section 

6 1311 of title 38, United States Code, for the first month 

7 beginning on or after the date of the enactment of this 

8 Act. 

9 TITLE IV—ADDITIONAL SUP10 PORT FOR ACTIVE DUTY 

11 SERVICEMEMBERS 

12 SEC. 401. ONE-TIME BONUS FOR CERTAIN SERVICE IN CON13 NECTION WITH OPERATION IRAQI FREEDOM 

14 OR OPERATION ENDURING FREEDOM. 

15 (a) ARMY, NAVY, AIR FORCE, AND MARINE

16 CORPS.—The Secretary of Defense shall provide for the 

17 payment of a bonus under this section to each member 

18 of the Army, Navy, Air Force, or Marine Corps who, at 

19 any time during the service of the member in connection 

20 with Operation Iraqi Freedom or Operation Enduring 

21 Freedom, satisfied or satisfies the eligibility criteria for 

22 receipt of special pay under section 310 of title 37, United 

23 States Code, for duty subject to hostile fire or imminent 

24 danger. 
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1 (b) COAST GUARD.—The Secretary of Homeland Se2 curity shall provide for the payment of a bonus under this 

3 section to each member of the Coast Guard who, at any 

4 time during the service of the member in connection with 

5 Operation Iraqi Freedom or Operation Enduring Free6 dom, satisfied or satisfies the eligibility criteria for receipt 

7 of special pay under such section. 

8 (c) AMOUNT OF BONUS.—The amount of the bonus 

9 paid under this section shall be equal to $1,000. 

10 (d) ENTITLEMENT LIMITED TO SINGLE BONUS PAY11 MENT.—A member may not receive more than one bonus 

12 under the authority of this section. 

13 SEC. 402. INCREASE IN ACTIVE-DUTY END-STRENGTH LEV14 ELS FOR THE ARMED FORCES. 

15 (a) IN GENERAL.—The Armed Forces are authorized 

16 strengths for active duty personnel as of September 30, 

17 2006, as follows: 

18 (1) The Army, 512,400. 

19 (2) The Navy, 365,900. 

20 (3) The Marine Corps, 180,000. 

21 (4) The Air Force, 359,700. 

22 (b) REVISION IN PERMANENT ACTIVE DUTY END

23 STRENGTH MINIMUM LEVELS.—Section 691(b) of title 

24 10, United States Code, is amended by striking para25 graphs (1) through (4) and inserting the following: 
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1 ‘‘(1) For the Army, 512,400. 

2 ‘‘(2) For the Navy, 365,900. 

3 ‘‘(3) For the Marine Corps, 180,000. 

4 ‘‘(4) For the Air Force, 359,700.’’. 

5 SEC. 403. ADDITIONAL FISCAL YEAR 2006 PAY INCREASE 

6 FOR MIDDLE- AND SENIOR-LEVEL ENLISTED 

7 MEMBERS AND WARRANT OFFICERS. 

8 (a) TARGETED PAY INCREASE.—The Secretary of 

9 Defense shall increase the rates of monthly basic pay for 

10 enlisted members of the Armed Forces in the pay grades 

11 E–5 through E–9 and all warrant officers of the Armed 

12 Forces as necessary to ensure that, by the end of fiscal 

13 year 2006, the compensation received by such enlisted 

14 members and warrant officers is equal to not less than 

15 80 percent of the compensation for persons in the private 

16 sector with comparable educational levels and experience, 

17 as determined by the Secretary. 

18 (b) RELATION TO OTHER PAY INCREASES.—The pay 

19 increase required by subsection (a) shall be in addition to 

20 any other adjustment to become effective during fiscal 

21 year 2006 in the rates of monthly basic pay authorized 

22 members of the Armed Forces, whether made pursuant 

23 to section 1009 of title 37, United States Code, or a law 

24 authorizing appropriations for the Department of Defense 

25 for fiscal year 2006. 
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1 TITLE V—EDUCATION, EMPLOY2 MENT AND COMPENSATION 

3 Subtitle A—Active Duty 

4 Montgomery GI Bill 

5 SEC. 501. ENHANCED BENEFITS UNDER THE MONTGOMERY 

6 GI BILL FOR FOUR YEARS OF ACTIVE-DUTY 

7 SERVICE. 

8 (a) IN GENERAL.—Chapter 30 of title 38, United 

9 States Code, is amended by adding at the end the fol10 lowing new subchapter: 

11 ‘‘SUBCHAPTER V—ENHANCED EDUCATIONAL 

12 ASSISTANCE 

13 ‘‘§ 3041. Enhanced educational assistance entitlement 

14 ‘‘(a) ENTITLEMENT.—An eligible individual is enti15 tled to enhanced educational assistance under this sub16 chapter. 

17 ‘‘(b) ELIGIBLE INDIVIDUAL DEFINED.—(1) For pur18 poses of this subchapter, the term ‘eligible individual’ 

19 means an individual who meets the service requirement 

20 described in subsection (c) and whose status after comple21 tion of such service is described in section 3011(a)(3) of 

22 this title (relating to continuation on active duty, honor23 able discharge, or honorable service, as the case may be). 

24 ‘‘(2) Such term does not include an individual de25 scribed in paragraph (1) or (2) of section 3011(c) of this 
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1 title (relating to individuals not electing basic educational 

2 assistance under subchapter II of this chapter or certain 

3 commissioned officers, respectively). 

4 ‘‘(c) SERVICE REQUIREMENT.—(1) The service re5 quirement referred to in subsection (b) is as follows: 

6 ‘‘(A) After September 30, 2005, the indi7 vidual— 

8 ‘‘(i) first enters on active duty; 

9 ‘‘(ii) reenlists or extends an enlistment on 

10 active duty as a member of the Armed Forces; 

11 or 

12 ‘‘(iii) in the case of an officer, continues to 

13 serve on active duty after that date. 

14 ‘‘(B) From the date of such entry, reenlistment, 

15 extension, or continuation, as the case may be, the 

16 individual— 

17 ‘‘(i) serves a continuous period of active 

18 duty of at least four years in the Armed Forces; 

19 or 

20 ‘‘(ii) serves on active duty in the Armed 

21 Forces and is discharged or released from ac22 tive duty— 

23 ‘‘(I) as provided in subclause (I) of 

24 section 3011(a)(1)(A)(ii) of this title (re-
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1 lating to service-connected disabilities and 

2 other medical conditions); 

3 ‘‘(II) for the convenience of the Gov4 ernment, after having completed not less 

5 than 42 months of continuous active duty; 

6 or 

7 ‘‘(III) as provided in subclause (III) 

8 of section 3011(a)(1)(A)(ii) of this title 

9 (relating to involuntary discharge or re10 lease for the convenience of the Govern11 ment as a result of a reduction in force). 

12 ‘‘(2) In determining service under paragraph (1), the 

13 following rules apply: 

14 ‘‘(A) Any period of service described in para15 graph (2) or (3) of section 3011(d) of this title (re16 lating to periods of service terminated because of a 

17 defective enlistment and periods of service on active 

18 duty which individuals in the Selected Reserve were 

19 ordered to perform under certain provisions of chap20 ter 1209 of title 10, respectively) that applies to an 

21 eligible individual under this section shall not be 

22 considered a part of the individual’s period of active 

23 duty. 

24 ‘‘(B) A member described in paragraph (2) of 

25 section 3011(f) of this title (relating to certain mem-
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1 bers discharged or released who subsequently reen2 list or re-enter on a period of active duty) who 

3 serves the periods of active duty referred to in such 

4 paragraph shall be deemed to have served a contin5 uous period of active duty the length of which is the 

6 aggregate length of the periods of active duty re7 ferred to in such paragraph. 

8 ‘‘(C) Subsections (g) and (h) of section 3011 of 

9 this title (relating to assignment full time at a civil10 ian institution for courses of education and to com11 mencement of courses of education at a service acad12 emy, respectively) apply with respect to an eligible 

13 individual under this section in the same manner as 

14 they apply to an individual under section 3011 of 

15 this title. 

16 ‘‘(d) ELECTION OF BASIC EDUCATIONAL ASSIST17 ANCE.—(1) An eligible individual entitled to enhanced 

18 educational assistance under this subchapter may elect (in 

19 a form and manner prescribed by the Secretary) to receive 

20 basic educational assistance under subchapter II in lieu 

21 of such enhanced educational assistance for an enrollment 

22 period. Such an election shall be made by not later than 

23 30 days before the beginning of the enrollment period. 

24 ‘‘(2) An eligible individual may revoke an election 

25 made pursuant to paragraph (1), but in no case may such 
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1 revocation be made later than 30 days before the begin2 ning of the enrollment period. 

3 ‘‘§ 3042. Duration of enhanced educational assistance 

4 ‘‘(a) IN GENERAL.—Subject to section 3695 of this 

5 title and except as provided in subsection (b), each indi6 vidual entitled to enhanced educational assistance under 

7 section 3041 of this title is entitled to a monthly enhanced 

8 educational assistance allowance under this subchapter for 

9 a period or periods not to exceed a total of 36 months 

10 (or the equivalent thereof in part-time enhanced edu11 cational assistance). 

12 ‘‘(b) SPECIAL RULE FOR CERTAIN EARLY SEPARA13 TIONS.—Subject to section 3695 of this title, in the case 

14 of an individual described in subclause (I) or (III) of sec15 tion 3041(c)(1)(B)(ii) of this title (relating to individuals 

16 discharged for service-connected disabilities or medical 

17 conditions or whose service is involuntarily terminated for 

18 the convenience of the Government as a result of a reduc19 tion in force, respectively) who does not serve a continuous 

20 period of active duty of at least four years in the Armed 

21 Forces (as described in section 3041(c)(1)(B)(i) of this 

22 title), the individual is entitled to one month of enhanced 

23 educational assistance benefits under this subchapter (not 

24 to exceed a total of 36 months (or the equivalent thereof 

25 in part-time enhanced educational assistance)) for each 
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1 month of continuous active duty served by the individual 

2 beginning with the date on which the entry on active duty, 

3 reenlistment, enlistment extension, or continuation appli4 cable to that individual under section 3041(c)(1)(A) of 

5 this title begins. 

6 ‘‘§ 3043. Payment of educational expenses 

7 ‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), the 

8 Secretary shall pay to the educational institution providing 

9 a course under an approved program of education to an 

10 eligible individual under this subchapter who is enrolled 

11 in the course the actual cost of tuition and fees otherwise 

12 payable by the individual. 

13 ‘‘(2) Such cost may not exceed the amount charged 

14 to nonveterans in similar circumstances. 

15 ‘‘(b) STIPEND; COSTS OF BOOKS AND SUPPLIES.— 

16 The Secretary shall pay to each eligible individual under 

17 this subchapter who is pursuing an approved program of 

18 education— 

19 ‘‘(1) a stipend as provided in section 3044 of 

20 this title; and 

21 ‘‘(2) in accordance with regulations prescribed 

22 by the Secretary, an amount equal to the average 

23 cost, for the year involved, of books and supplies 

24 payable by individuals pursuing courses of education 

25 at educational institutions. 
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1 ‘‘§ 3044. Amount of stipend 

2 ‘‘(a) IN GENERAL.—Except as provided in section 

3 3042 of this title, the stipend under this subchapter shall 

4 be paid at a monthly rate (as that rate may be increased 

5 pursuant to subsection (b)) as follows: 

6 ‘‘(1) At the monthly rate of $900 for an ap7 proved program of education pursued on a full-time 

8 basis. 

9 ‘‘(2) At the monthly rate of $700 for an ap10 proved program of education pursued on a three11 quarter-time basis. 

12 ‘‘(3) At the monthly rate of $500 for an ap13 proved program of education pursued on a half-time 

14 basis. 

15 ‘‘(4) At the monthly rate of $300 for an ap16 proved program of education pursued on less than a 

17 half-time basis. 

18 ‘‘(b) ADJUSTMENT FOR INFLATION.—With respect to 

19 any fiscal year beginning after fiscal year 2006, the Sec20 retary shall provide a percentage increase (rounded to the 

21 nearest dollar) in the rates payable under subsection (a) 

22 equal to the percentage by which— 

23 ‘‘(1) the Consumer Price Index (all items, 

24 United States city average) for the 12–month period 

25 ending on the June 30 preceding the beginning of 
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1 the fiscal year for which the increase is made, ex2 ceeds 

3 ‘‘(2) such Consumer Price Index for the 12– 

4 month period preceding the 12-month period de5 scribed in paragraph (1).’’. 

6 (b) CONFORMING AMENDMENTS.—(1) Section 3002 

7 of such title is amended by inserting at the end the fol8 lowing new paragraph: 

9 ‘‘(9) The term ‘enhanced educational assistance’ 

10 means educational assistance provided under subchapter 

11 V.’’. 

12 (2) Section 3011 of such title is amended in sub13 section (f)(1) and (g) by striking ‘‘chapter’’ each place it 

14 appears and inserting ‘‘subchapter’’. 

15 (3) Section 3018A(a) of such title is amended by 

16 striking ‘‘education assistance under this chapter’’ and in17 serting ‘‘educational assistance under this subchapter’’. 

18 (4) Section 3018B of such title is amended by strik19 ing ‘‘education assistance under this chapter’’ each place 

20 it appears and inserting ‘‘educational assistance under 

21 this subchapter’’. 

22 (5) Section 3018C of such title is amended by strik23 ing ‘‘educational assistance under this chapter’’ each place 

24 it appears and inserting ‘‘educational assistance under 

25 this subchapter’’. 
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1 (6) Section 3019 of such title is amended by striking 

2 ‘‘chapter’’ each place it appears and inserting ‘‘sub3 chapter’’. 

4 (7) Section 3032(e)(3) of such title is amended by 

5 inserting ‘‘, or section 3044(a)(1)’’ after ‘‘section 3015’’. 

6 (c) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 30 of title 38, United States 

8 Code, is amended by adding at the end the following new 

9 items: 

‘‘SUBCHAPTER V—ENHANCED EDUCATIONAL ASSISTANCE

‘‘3041. Enhanced educational assistance entitlement. 

‘‘3042. Duration of enhanced educational assistance. 

‘‘3043. Payment of educational expenses. 

‘‘3044. Amount of stipend.’’. 

10 SEC. 502. INCREASE IN RATES OF BASIC EDUCATIONAL AS11 SISTANCE UNDER THE MONTGOMERY GI 

12 BILL. 

13 (a) RATES FOR BASIC EDUCATIONAL ASSISTANCE.— 

14 Section 3015 of title 38, United States Code, is amend15 ed— 

16 (1) in subsection (a)(1)— 

17 (A) in subparagraph (C), by striking 

18 ‘‘and’’ at the end; 

19 (B) by redesignating subparagraph (D) as 

20 subparagraph (F); and 

21 (C) by inserting after subparagraph (C) 

22 the following new subparagraphs: 
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1 ‘‘(D) for months occurring during fiscal year 

2 2005, $1,004; 

3 ‘‘(E) for months occurring during fiscal year 

4 2006, $1,300; and’’; and 

5 (2) in subsection (b)(1)— 

6 (A) in subparagraph (C), by striking 

7 ‘‘and’’ at the end; 

8 (B) by redesignating subparagraph (D) as 

9 subparagraph (F); and 

10 (C) by inserting after subparagraph (C) 

11 the following new subparagraphs: 

12 ‘‘(D) for months occurring during fiscal year 

13 2005, $816; 

14 ‘‘(E) for months occurring during fiscal year 

15 2006, $1,000; and’’. 

16 (b) APPLICATION OF INDEX BASED ON COSTS OF

17 HIGHER LEARNING.—Section 3015(h) of such title is 

18 amended to read as follows: 

19 ‘‘(h)(1) With respect to any fiscal year, the Secretary 

20 shall provide a percentage increase (rounded to the near21 est dollar) in the rates payable under subsections (a)(1) 

22 and (b)(1) equal to the percentage (as determined by the 

23 Secretary) by which— 

24 ‘‘(A) the average monthly costs of tuition and 

25 expenses for commuter students at public institu-
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1 tions of higher learning that award baccalaureate 

2 degrees for purposes of subsections (a)(1) and (b)(1) 

3 for the fiscal year involved, exceeds 

4 ‘‘(B) such average monthly costs for the pre5 ceding fiscal year. 

6 ‘‘(2) The Secretary shall make the determination 

7 under paragraph (1) after consultation with the Secretary 

8 of Education. 

9 ‘‘(3) A determination made under paragraph (1) in 

10 a year shall take effect on October 1 of that year and 

11 apply with respect to basic educational assistance allow12 ances payable under this section for the fiscal year begin13 ning in that year. 

14 ‘‘(4) Not later than September 30 each year, the Sec15 retary shall publish in the Federal Register the average 

16 monthly costs of tuition and expenses as determined under 

17 paragraph (1) in that year.’’. 

18 (c) EFFECTIVE DATES.—(1) The amendments made 

19 by subsection (a) shall apply with respect to payments for 

20 months beginning after September 30, 2005. 

21 (2) The amendment made by subsection (b) shall 

22 apply with respect to payments for months beginning after 

23 September 30, 2006. No adjustment in rates of edu24 cational assistance shall be made under section 3015(h) 
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1 of title 38, United States Code, for months occurring dur2 ing fiscal year 2006. 

3 SEC. 503. REPEAL OF PAY REDUCTION AND HIGH SCHOOL 

4 GRADUATION REQUIREMENT FOR PARTICI5 PATION IN BASIC EDUCATIONAL ASSISTANCE 

6 UNDER THE MONTGOMERY GI BILL. 

7 (a) REPEAL OF PAY REDUCTION AND ELECTION OF

8 BENEFITS.—(1) Section 3011 of title 38, United States 

9 Code, is amended— 

10 (A) by striking subsection (b); and 

11 (B) in subsection (c), by striking paragraph (1) 

12 and redesignating paragraphs (2) and (3) as para13 graphs (1) and (2), respectively. 

14 (2) Section 3012 of such title is amended— 

15 (A) by striking subsection (c); and 

16 (B) in subsection (d), by striking paragraph (1) 

17 and redesignating paragraphs (2) and (3) as para18 graphs (1) and (2), respectively. 

19 (3) Section 3016(a)(1) of such title is amended by 

20 striking ‘‘, and does not make an election under section 

21 3011(c)(1) or section 3012(d)(1)’’. 

22 (4) The amendments made by this subsection shall 

23 take effect on October 1, 2005, and apply to individuals 

24 whose initial obligated period of active duty under section 
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1 3011 or 3012 of title 38, United States Code, as the case 

2 may be, begins on or after such date. 

3 (5) Any reduction in the basic pay of an individual 

4 referred to in subsection (b) of section 3011 of title 38, 

5 United States Code, by reason of such subsection, or of 

6 any individual referred to in subsection (c) of section 3012 

7 of such title by reason of such subsection, shall cease com8 mencing with months beginning after September 30, 

9 2005, and any obligation of such individual under such 

10 subsections, as the case may be, as of September 30, 

11 2005, shall be deemed to be fully satisfied as of such date. 

12 (b) REPEAL OF HIGH SCHOOL GRADUATION RE13 QUIREMENT.—(1) Section 3011(a) of title 38, United 

14 States Code, is amended— 

15 (A) by striking paragraph (2); and 

16 (B) by redesignating paragraph (3) as para17 graph (2). 

18 (2) Section 3012(a) of such title is amended— 

19 (A) by striking paragraph (2); and 

20 (B) by redesignating paragraph (3) as para21 graph (2). 

22 (3) Section 3018(b) of such title is amended— 

23 (A) by striking paragraph (4); 

24 (B) by inserting ‘‘and’’ at the end of paragraph 

25 (3)(C); and 
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1 (C) by redesignating paragraph (5) as para2 graph (4). 

3 (4) The amendments made by this subsection shall 

4 take effect on the date of the enactment of this Act and 

5 apply with respect to individuals applying for basic edu6 cational assistance under chapter 30 of title 38, United 

7 States Code, on or after such date. 

8 (c) EXCLUSION FROM INCOME FOR ELIGIBILITY DE9 TERMINATIONS FOR FEDERAL EDUCATIONAL LOANS.— 

10 Section 3015 of such title is amended— 

11 (1) by redesignating subsection (h), as amended 

12 in section 3(b), as subsection (i); and 

13 (2) by inserting after subsection (g) the fol14 lowing new subsection: 

15 ‘‘(h) EXCLUSION FROM INCOME FOR ELIGIBILITY

16 DETERMINATIONS FOR FEDERAL EDUCATIONAL

17 LOANS.—Notwithstanding any other provision of law, 

18 amounts payable by the Secretary under this subchapter 

19 with respect to an eligible individual shall not be consid20 ered as income for purposes of determining eligibility of 

21 such individual for education grants or loans under any 

22 other provision of Federal law.’’. 
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1 SEC. 504. REPEAL OF DELIMITING DATE FOR USE OF ENTI2 TLEMENT TO BASIC EDUCATIONAL ASSIST3 ANCE UNDER THE MONTGOMERY GI BILL. 

4 (a) REPEAL.—Section 3031 of title 38, United States 

5 Code, and section 16133 of title 10, United States Code, 

6 are repealed. 

7 (b) CONFORMING AMENDMENTS.—(1) Section 

8 3018C(e)(3)(B) of such title is amended— 

9 (A) by striking clause (ii); and 

10 (B) by striking ‘‘(B)(i)’’ and inserting ‘‘(B)’’. 

11 (2) Section 3020 of such title is amended— 

12 (A) in subsection (f)(1), by striking ‘‘Subject to 

13 the time limitation for use of entitlement under sec14 tion 3031 of this title, an’’ and inserting ‘‘An’’; and 

15 (B) in subsection (h)(5), by striking ‘‘Notwith16 standing section 3031 of this title, a’’ and inserting 

17 ‘‘A’’. 

18 (3) Section 16164 of title 10, United States Code, 

19 is repealed. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to individuals entitled to edu22 cational assistance under chapter 30 of title 38, United 

23 States Code, on or after the date of the enactment of this 

24 Act. 
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1 SEC. 505. ELIMINATION OF LIMITATION TO CRITICAL MILI2 TARY SKILLS FOR AUTHORITY TO TRANSFER 

3 ENTITLEMENT. 

4 Subsection (b) of section 3020 of title 38, United 

5 States Code, is amended— 

6 (1) by striking paragraph (2); 

7 (2) be redesignating paragraph (3) as para8 graph (2); and 

9 (3) by inserting ‘‘and’’ at the end of paragraph 

10 (1). 

11 SEC. 506. INCREASE IN REPAYMENT AMOUNTS UNDER THE 

12 STUDENT LOAN REPAYMENT PROGRAMS FOR 

13 SERVICEMEMBERS. 

14 (a) ACTIVE DUTY.—Subsection (b) of section 2171 

15 of title 10, United States Code, is amended— 

16 (1) by striking ‘‘is 33 1/3 percent or $1,500, 

17 whichever is greater,’’ and inserting ‘‘is $6,000’’; 

18 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) The total amount that may be repaid on behalf 

22 of any person under this section may not exceed 

23 $40,000.’’. 

24 (b) SELECTED RESERVE.—Subsection (b) of section 

25 16301 of title 10, United States Code, is amended— 
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1 (1) by striking ‘‘is 15 percent or $500, which2 ever is greater,’’ and inserting ‘‘is $3,000’’; 

3 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) The total amount that may be repaid on behalf 

7 of any person under this section may not exceed 

8 $20,000.’’. 

9 SEC. 507. EXPANSION OF PROGRAMS OF EDUCATION ELIGI10 BLE FOR ACCELERATED PAYMENTS OF EDU11 CATIONAL ASSISTANCE UNDER THE MONT12 GOMERY GI BILL. 

13 (a) IN GENERAL.—Subsection (b)(1) of section 

14 3014A of title 38, United States Code, is amended by 

15 striking ‘‘that leads to employment in a high technology 

16 occupation in a high technology industry (as determined 

17 pursuant to regulations prescribed by the Secretary)’’. 

18 (b) CONFORMING AMENDMENTS.—(1) The heading 

19 of section 3014A of such title is amended to read as fol20 lows: 

21 ‘‘SEC. 3014A. ACCELERATED PAYMENT OF BASIC EDU22 CATIONAL ASSISTANCE FOR CERTAIN AP23 PROVED PROGRAMS OF EDUCATION.’’. 

24 (2) The table of sections at the beginning of chapter 

25 30 of such title is amended by striking the item relating 
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1 to section 3014A and inserting after the item relating to 

2 section 3014 the following new item: 

‘‘3014A. Accelerated payment of basic educational assistance for certain approved programs of education.’’. 

3 Subtitle B—Reserve Montgomery 

4 GI Bill 

5 SEC. 511. EDUCATIONAL ASSISTANCE UNDER MONT6 GOMERY GI BILL FOR MEMBERS OF THE SE7 LECTED RESERVE WHO AGGREGATE MORE 

8 THAN 2 YEARS OF ACTIVE DUTY SERVICE 

9 DURING ANY 5-YEAR PERIOD. 

10 (a) ENTITLEMENT.—Section 3012(a)(1) of title 38, 

11 United States Code, is amended— 

12 (1) in subparagraph (B), by striking ‘‘or’’ at 

13 the end; 

14 (2) in subparagraph (C), by adding ‘‘or’’ at the 

15 end; and 

16 (3) by inserting after subparagraph (C) the fol17 lowing new subparagraph (D): 

18 ‘‘(D) while in the Selected Reserve— 

19 ‘‘(i) is first ordered to serve on active 

20 duty in the Armed Forces under section 

21 12301(a), 12301(d), 12301(g), 12302, or 

22 12304 of title 10, during the period begin23 ning on September 11, 2001, and ending 

24 December 31, 2006; and 
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1 ‘‘(ii) serves on active duty in the 

2 Armed Forces for one or more periods 

3 (whether continuous or otherwise) aggre4 gating not less than two years of service on 

5 active duty during a five-year period begin6 ning on the date the individual is first or7 dered to serve on active duty during the 

8 period referred to in clause (i);’’. 

9 (b) DURATION OF ASSISTANCE.—Section 3013(b) of 

10 such title is amended by striking ‘‘is entitled to’’ and all 

11 that follows and inserting the following: 

12 ‘‘is entitled to— 

13 ‘‘(1) one month of educational assistance bene14 fits under this chapter— 

15 ‘‘(A) in the case of an individual described 

16 in section 3012(a)(1)(A) of this title, for each 

17 month of continuous active duty served by such 

18 individual after June 30, 1985, as part of the 

19 obligated period of active duty on which such 

20 entitlement is based; 

21 ‘‘(B) in the case of an individual described 

22 in section 3012(a)(1)(B) or section 

23 3012(a)(1)(C) of this title, for each month of 

24 continuous active duty served by such individual 

25 after June 30, 1985; or 
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1 ‘‘(C) in the case of an individual described 

2 in section 3012(a)(1)(D) of this title, for each 

3 month of active duty served by such individual 

4 after September 11, 2001, as part of the aggre5 gate period of active duty on which such entitle6 ment is based; and 

7 ‘‘(2) one month of educational assistance bene8 fits under this chapter for each four months served 

9 by such individual in the Selected Reserve after the 

10 applicable date specified in paragraph (1) (other 

11 than any month in which the individual served on 

12 active duty).’’. 

13 (c) AMOUNT OF ASSISTANCE.—Section 3015 of such 

14 title is amended— 

15 (1) in subsections (a)(1)(D) and (b)(1)(D), by 

16 striking ‘‘subsection (h)’’ and inserting ‘‘subsection 

17 (i)’’; 

18 (2) by redesignating subsection (h) as sub19 section (i); and 

20 (3) by inserting after subsection (g) the fol21 lowing new subsection (h): 

22 ‘‘(h) In the case of an individual entitled to an edu23 cational assistance allowance under section 3012(a)(1)(D) 

24 of this title, the amount of the basic educational assistance 
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1 allowance payable under this chapter is the amount deter2 mined under subsection (b) of this section.’’. 

3 (d) CONTRIBUTION.—Paragraph (1) of section 

4 3012(c) of such title is amended by inserting ‘‘or sub5 section (a)(1)(D)’’ after ‘‘subsection (a)(1)(A)’’. 

6 (e) ELECTION TO OPT OUT.—Subsection (d)(1) of 

7 section 3012 of such title is amended— 

8 (1) by inserting ‘‘(A)’’ after ‘‘(d)(1)’’; 

9 (2) by designating the last sentence as subpara10 graph (C); 

11 (3) in subparagraph (C), as so designated, by 

12 striking ‘‘such an election’’ and inserting ‘‘an elec13 tion under this paragraph’’; and 

14 (4) by inserting before subparagraph (C), as so 

15 designated, the following new subparagraph (B): 

16 ‘‘(B) An individual described in subsection (a)(1)(D) 

17 may make an election not to receive educational assistance 

18 under this chapter. Any such election shall be made at 

19 the time the individual completes the aggregate period of 

20 active duty service required under such subsection.’’. 

21 (f) OUTREACH.—(1) The Secretaries concerned shall 

22 take actions to inform members of the Selected Reserve 

23 who are or may become entitled to basic educational as24 sistance benefits under chapter 30 of title 38, United 

25 States Code, as a result of section 3012(a)(1)(D) of such 
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1 title (as amended by subsection (a) of this section) of the 

2 minimum service requirements for entitlement to such 

3 benefits under that chapter and of the scope and nature 

4 of such benefits. 

5 (2) In this subsection: 

6 (A) The term ‘‘Secretary concerned’’ has the 

7 meaning given such term in section 101(25) of title 

8 38, United States Code. 

9 (B) The term ‘‘Selected Reserve’’ has the 

10 meaning given such term in section 3002(4) of title 

11 38, United States Code. 

12 Subtitle C—Employment 

13 Assistance for Homeless Veterans 

14 SEC. 521. REAUTHORIZATION OF APPROPRIATIONS FOR 

15 HOMELESS VETERANS REINTEGRATION PRO16 GRAM. 

17 Subsection (e)(1) of section 2021 of title 38, United 

18 States Code, is amended by adding at the end the fol19 lowing new subparagraph: 

20 ‘‘(F) $50,000,000 for each of fiscal years 2007 

21 through 2011.’’. 
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1 SEC. 522. EXPANSION OF HOMELESS VETERANS RE2 INTEGRATION PROGRAM TO INCLUDE VET3 ERANS AT IMMINENT RISK FOR HOMELESS4 NESS. 

5 Subsection (a) of section 2021 of title 38, United 

6 States Code, is amended by inserting ‘‘and veterans who 

7 are at imminent risk of homelessness’’ after ‘‘to expedite 

8 the reintegration of homeless veterans’’. 

9 Subtitle D—Payment Matters 

10 SEC. 531. NO REDUCTION IN MONTHLY MILITARY PAY AND 

11 ALLOWANCES FOR MEMBERS OF THE UNI12 FORMED SERVICES WOUNDED OR INJURED 

13 IN COMBAT ZONES. 

14 (a) IN GENERAL.—Subsection (b) of section 310 of 

15 title 37, United States Code, is amended to read as fol16 lows: 

17 ‘‘(b) NO REDUCTION IN MONTHLY MILITARY PAY

18 FOR WOUNDED OR INJURED MEMBERS.— 

19 ‘‘(1) EFFECT OF WOUND OR INJURY IN COMBAT

20 ZONE.—For each month during the period specified 

21 in paragraph (2), the total amount of monthly mili22 tary pay paid to a member who was wounded or oth23 erwise injured while assigned to duty in an area for 

24 which special pay was available under this section at 

25 the time the member was wounded or otherwise in26 jured shall not be less than the total amount of mili-
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1 tary pay paid to the member for the month during 

2 which the member was wounded or otherwise in3 jured. 

4 ‘‘(2) DURATION.—Paragraph (1) shall apply 

5 with respect to a wounded or injured member until 

6 the end of the first month during which any of the 

7 following occurs: 

8 ‘‘(A) The member is found to be physically 

9 able to perform the duties of the member’s of10 fice, grade, rank, or rating. 

11 ‘‘(B) The member is discharged or sepa12 rated from the uniformed services. 

13 ‘‘(C) The member dies. 

14 ‘‘(3) MILITARY PAY DEFINED.—In this sub15 section, the term ‘military pay’ has the meaning 

16 given the term ‘pay’ in section 101(21) of this title, 

17 except that the term includes allowances under chap18 ter 7 of this title.’’. 

19 (b) RETROACTIVE EFFECTIVE DATE.—Subsection 

20 (b) of section 310 of title 37, United States Code, as 

21 amended by this section, shall apply with respect to any 

22 pay period ending on or after September 11, 2001, for 

23 members of the uniformed services described in paragraph 

24 (1) of such section who were wounded or otherwise injured 

25 on or after that date. 
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1 SEC. 532. REPEAL OF TIME LIMITATION ON EXCLUSION OF 

2 COMBAT ZONE COMPENSATION BY REASON 

3 OF HOSPITALIZATION. 

4 (a) IN GENERAL.—Subsections (a)(2) and (b)(2) of 

5 section 112 of the Internal Revenue Code of 1986 are each 

6 amended by striking ‘‘; but this paragraph shall not apply 

7 for any month beginning more than 2 years after the date 

8 of the termination of combatant activities in such zone’’. 

9 (b) EFFECTIVE DATE.—Subsections (a)(2) and 

10 (b)(2) of section 112 of the Internal Revenue Code of 

11 1986, as amended by this section, shall apply to com12 pensation received for months ending on or after Sep13 tember 11, 2001, for members of the uniformed services 

14 described in such subsections who were wounded or other15 wise injured on or after that date. 

16 TITLE VI—RESERVE COMPO17 NENTS AND RECRUITMENT 

18 AND RETENTION INITIATIVES 

19 Subtitle A—Health Care 

20 SEC. 601. EXPANDED ELIGIBILITY OF SELECTED RESERVE 

21 MEMBERS UNDER TRICARE PROGRAM. 

22 (a) GENERAL ELIGIBILITY.—Subsection (a) of sec23 tion 1076d of title 10, United States Code, is amended— 

24 (1) by striking ‘‘(a) ELIGIBILITY.—A member’’ 

25 and inserting ‘‘(a) ELIGIBILITY.—(1) Except as pro26 vided in paragraph (2), a member’’; 
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1 (2) by striking ‘‘after the member completes’’ 

2 and all that follows through ‘‘one or more whole 

3 years following such date’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) Paragraph (1) does not apply to a member who 

7 is enrolled, or is eligible to enroll, in a health benefits plan 

8 under chapter 89 of title 5.’’. 

9 (b) CONDITION FOR TERMINATION OF ELIGI10 BILITY.—Subsection (b) of such section is amended by 

11 striking ‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE 

12 Standard’’ and all that follows through ‘‘(3) Eligibility’’ 

13 and inserting ‘‘(b) TERMINATION OF ELIGIBILITY UPON

14 TERMINATION OF SERVICE.—Eligibility’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) Such section is further amended— 

17 (A) by striking subsection (e); and 

18 (B) by redesignating subsection (g) as sub19 section (e) and transferring such subsection 

20 within such section so as to appear following 

21 subsection (d). 

22 (2) The heading for such section is amended to 

23 read as follows: 
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1 ‘‘§ 1076d. TRICARE program: TRICARE standard cov2 erage for members of the selected re3 serve’’. 

4 (d) REPEAL OF OBSOLETE PROVISION.—Section 

5 1076b of title 10, United States Code, is repealed. 

6 (e) CLERICAL AMENDMENTS.—The table of sections 

7 at the beginning of chapter 55 of title 10, United States 

8 Code, is amended— 

9 (1) by striking the item relating to section 

10 1076b; and 

11 (2) by striking the item relating to section 

12 1076d and inserting the following: 

‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the 

Selected Reserve.’’. 

13 (f) SAVINGS PROVISION.—Enrollments in TRICARE 

14 Standard that are in effect on the day before the date of 

15 the enactment of this Act under section 1076d of title 10, 

16 United States Code, as in effect on such day, shall be con17 tinued until terminated after such day under such section 

18 1076d as amended by this section. 
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1 Subtitle B—Recruitment and 

2 Retention Incentives 

3 SEC. 611. INCREASE IN AUTHORIZED MAXIMUM ANNUAL 

4 AMOUNT OF SPECIAL PAY FOR SELECTED RE5 SERVE HEALTH CARE PROFESSIONALS IN 

6 CRITICALLY SHORT WARTIME SPECIALTIES 

7 AND AUTHORIZED DURATION OF PAY. 

8 Section 302g of title 37, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘nor more than three 

12 years’’; and 

13 (B) by striking ‘‘$10,000’’ and inserting 

14 ‘‘$25,000’’; and 

15 (2) in subsection (f), by striking ‘‘2005’’ and 

16 inserting ‘‘2006’’. 

17 SEC. 612. REENLISTMENT BONUS FOR MEMBERS OF SE18 LECTED RESERVE. 

19 (a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.— 

20 Subsection (a)(1) of section 308b of title 37, United 

21 States Code, is amended by striking ‘‘16 years of total 

22 military service’’ and inserting ‘‘18 years of total military 

23 service’’. 

24 (b) REENLISTMENT OPTIONS.—Subsection (a)(2) of 

25 such section is amended by striking ‘‘three years or for 
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1 a period of six years’’ and inserting ‘‘one to six years, in 

2 increments of whole years,’’. 

3 (c) BONUS AMOUNTS.—Paragraph (1) of subsection 

4 (b) of such section is amended to read as follows 

5 ‘‘(1) The amount of a bonus under this section may 

6 not exceed— 

7 ‘‘(A) $15,000, in the case of a member who re8 enlists or extends an enlistment for a period of six 

9 years; 

10 ‘‘(B) $12,500, in the case of a member who re11 enlists or extends an enlistment for a period of five 

12 years; 

13 ‘‘(C) $10,000, in the case of a member who re14 enlists or extends an enlistment for a period of four 

15 years; 

16 ‘‘(D) $7,500, in the case of a member who, hav17 ing never received a bonus under this section, reen18 lists or extends an enlistment for a period of three 

19 years; 

20 ‘‘(E) $5,000, in the case of a member who, hav21 ing never received a bonus under this section, reen22 lists or extends an enlistment for a period of two 

23 years; 

24 ‘‘(F) $2,500, in the case of a member who, hav25 ing never received a bonus under this section, reen-
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1 lists or extends an enlistment for a period of one 

2 year; and 

3 ‘‘(G) $6,000, in the case of a member who, hav4 ing received a bonus under this section for a pre5 vious one-, two-, or three-year reenlistment or exten6 sion of an enlistment, reenlists or extends the enlist7 ment for an additional period of one, two, or three 

8 years.’’. 

9 (d) AUTHORITY TO WAIVE ELIGIBILITY REQUIRE10 MENTS.—Subsection (c)(2) of such section is amended by 

11 striking ‘‘In the case’’ and all that follows through ‘‘the 

12 Secretary’’ and inserting ‘‘In time of war or national 

13 emergency, the Secretary’’. 

14 (e) DURATION OF AUTHORITY.—Subsection (g) of 

15 such section is amended by striking ‘‘2005’’ and inserting 

16 ‘‘2006’’. 

17 (f) CONFORMING AMENDMENTS.—Subsection (c)(1) 

18 of such section is amended— 

19 (1) in the matter preceding subparagraph (A), 

20 by striking ‘‘subsection (b)(1)(C)’’ and inserting 

21 ‘‘subsection (b)(1)(G)’’; and 

22 (2) in subparagraph (A), by striking ‘‘three 

23 years’’ and inserting ‘‘one, two, or three years’’. 
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1 SEC. 613. INCREASE IN AUTHORIZED MAXIMUM AMOUNT 

2 OF SELECTED RESERVE ENLISTMENT BONUS. 

3 Section 308c of title 37, United States Code, is 

4 amended— 

5 (1) in subsection (b), by striking ‘‘$10,000’’ 

6 and inserting ‘‘$32,000’’; and 

7 (2) in subsection (e), by striking ‘‘2005’’ and 

8 inserting ‘‘2006’’. 

9 SEC. 614. INCREASE IN AUTHORIZED MAXIMUM AMOUNT 

10 FOR RESERVE AFFILIATION BONUS UNDER 

11 RESERVE AFFILIATION AGREEMENTS EN12 TERED INTO DURING FISCAL YEAR 2006. 

13 (a) INCREASE.—Section 308e of title 37, United 

14 States Code, is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(h) Notwithstanding subsection (c), the maximum 

17 amount of the bonus that may be paid under this section 

18 pursuant to a reserve affiliation agreement entered into 

19 during fiscal year 2006 shall not exceed $15,000. The Sec20 retary of Defense, and the Secretary of Homeland Secu21 rity with respect to the Coast Guard, may amend the regu22 lations prescribed under subsection (f) to modify the meth23 od by which bonus payments will be made under such re24 serve affiliation agreements.’’. 
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1 (b) CONFORMING AMENDMENT.—Subsection (e) of 

2 such section is amended by striking ‘‘2005’’ and inserting 

3 ‘‘2006’’. 

4 SEC. 615. INCREASE IN AUTHORIZED MAXIMUM AMOUNT 

5 OF GENERAL ENLISTMENT BONUS. 

6 Section 309 of title 37, United States Code, is 

7 amended— 

8 (1) in subsection (a), by striking ‘‘$20,000’’ 

9 and inserting ‘‘$50,000’’; and 

10 (2) in subsection (e), by striking ‘‘2005’’ and 

11 inserting ‘‘2006’’. 

12 SEC. 616. USE OF REFERRAL BONUS TO PROMOTE ENLIST13 MENTS IN SELECTED RESERVE. 

14 (a) BONUS AUTHORIZED.—Chapter 5 of title 37, 

15 United States Code, is amended by inserting after section 

16 308 the following new section: 

17 ‘‘§ 308a. Selected Reserve referral bonus 

18 ‘‘(a) BONUS AUTHORIZED.—The Secretary con19 cerned may pay a referral bonus to a member of the Se20 lected Reserve who refers, to a member of the uniformed 

21 services assigned to recruiting duties, a person who, after 

22 such referral, enlists or is appointed, for a period of not 

23 less than two years, in the Selected Reserve of the same 

24 reserve component as the member making the referral. 
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1 ‘‘(b) AMOUNT OF BONUS.—The referral bonus may 

2 not exceed $2,500 per referral. 

3 ‘‘(c) RELATION TO PROHIBITION ON BOUNTIES.— 

4 The referral bonus authorized by this section is not a 

5 bounty for purposes of section 514(a) of title 10. 

6 ‘‘(d) DURATION OF AUTHORITY.—A referral bonus 

7 may not be paid under this section with respect to any 

8 referral made after December 31, 2006.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 308 the following new 

12 item: 

‘‘308a. Selected Reserve referral bonus.’’. 

13 SEC. 617. EXTENSION OF ACTIVE-DUTY RETENTION BO14 NUSES AND SPECIAL PAYS FOR HEALTH 

15 CARE PROFESSIONALS TO RESERVE COMPO16 NENT OFFICERS. 

17 Section 303a of title 37, United States Code, is 

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(e) AVAILABILITY FOR RESERVE COMPONENT

21 HEALTH CARE PROFESSIONALS.—The Secretary of De22 fense shall modify the eligibility requirements for each spe23 cial pay authorized under sections 301d, 301e, 302 

24 through 302j, and 303 of this title as necessary to ensure 

25 that commissioned officers of the reserve components who 
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1 are not serving under a call or order to active duty, but 

2 who otherwise satisfy the eligibility requirements for the 

3 special pay, are eligible to receive the special pay in 

4 amounts, and under terms and conditions, comparable to 

5 those applicable to commissioned officers of the regular 

6 components. The requirements of this subsection are in 

7 addition to the policy expressed in section 302f of this title 

8 to expand the availability of certain special pays to reserve 

9 officers who are health care professionals. ’’. 

10 SEC. 618. CRITICAL-SKILLS ACCESSION BONUS FOR PER11 SONS ENROLLED IN SENIOR RESERVE OFFI12 CERS’ TRAINING CORPS WHO ARE OBTAINING 

13 NURSING DEGREES. 

14 (a) PROVISION OF BONUS IN REDUCED AMOUNT.— 

15 Section 324 of title 37, United States Code, as amended 

16 by section 614(f) of this Act, is further amended— 

17 (1) by redesignating subsections (f) and (g) as 

18 subsections (g) and (h), respectively; and 

19 (2) by inserting after subsection (e) the fol20 lowing new subsection: 

21 ‘‘(f) NURSE CANDIDATES IN SENIOR RESERVE OFFI22 CERS’ TRAINING CORPS.—(1) A person enrolled in the 

23 Senior Reserve Officers’ Training Corps program of the 

24 Army for advanced training under chapter 103 of title 10, 

25 including a person receiving financial assistance under 
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1 section 2107 of such title, may receive an accession bonus 

2 under this section if the person— 

3 ‘‘(A) has completed the second year of an ac4 credited baccalaureate degree program in nursing; 

5 and 

6 ‘‘(B) executes an agreement under this section 

7 to serve on active duty as a commissioned officer in 

8 the Army Nurse Corps. 

9 ‘‘(2) Notwithstanding subsection (c), the amount of 

10 the accession bonus paid to a person described in para11 graph (1) may not exceed $5,000. ’’. 

12 (b) RETROACTIVE APPLICATION TO EXISTING

13 AGREEMENTS.—Subsection (f) of section 324 of title 37, 

14 United States Code, as added by subsection (a), shall 

15 apply with respect to agreements referred to in paragraph 

16 (1)(B) of such subsection executed on or after October 5, 

17 2004. 

18 Subtitle C—Payment Matters 

19 SEC. 621. NONREDUCTION IN PAY WHILE FEDERAL EM20 PLOYEE IS SERVING ON ACTIVE DUTY IN A 

21 RESERVE COMPONENT OF THE UNIFORMED 

22 SERVICES. 

23 (a) IN GENERAL.—Subchapter IV of chapter 55 of 

24 title 5, United States Code, is amended by adding at the 

25 end the following new section: 
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1 ‘‘§ 5538. Nonreduction in pay while serving on active 

2 duty in a reserve component 

3 ‘‘(a) An employee who is also a member of a reserve 

4 component and is absent from a position of employment 

5 with the Federal Government under a call or order to 

6 serve on active duty for a period of more than 30 days 

7 shall be entitled to receive, for each pay period described 

8 in subsection (b), an amount equal to the difference (if 

9 any) between— 

10 ‘‘(1) the amount of civilian basic pay that would 

11 otherwise have been payable to the employee for 

12 such pay period if the employee’s civilian employ13 ment with the Government had not been interrupted 

14 by the service on active duty; and 

15 ‘‘(2) the amount of military compensation that 

16 is payable to the employee for the service on active 

17 duty and is allocable to such pay period. 

18 ‘‘(b)(1) Amounts under this section shall be payable 

19 with respect to each pay period (which would otherwise 

20 apply if the employee’s civilian employment had not been 

21 interrupted) that occurs— 

22 ‘‘(A) while the employee serves on active duty 

23 for a period of more than 30 days; 

24 ‘‘(B) while the employee is hospitalized for, or 

25 convalescing from, an illness or injury incurred in, 
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1 or aggravated during, the performance of such active 

2 duty; or 

3 ‘‘(C) during the 14-day period beginning at the 

4 end of such active duty or the end of the period re5 ferred to in subparagraph (B). 

6 ‘‘(2) Paragraph (1) shall not apply with respect to 

7 a pay period for which the employee receives civilian basic 

8 pay (including by taking any annual, military, or other 

9 paid leave) to which the employee is entitled by virtue of 

10 the employee’s civilian employment with the Government. 

11 ‘‘(c) Any amount payable under this section to an em12 ployee shall be paid— 

13 ‘‘(1) by the employing agency of the employee; 

14 ‘‘(2) from the appropriations or fund that 

15 would be used to pay the employee if the employee 

16 were in a pay status; and 

17 ‘‘(3) to the extent practicable, at the same time 

18 and in the same manner as would civilian basic pay 

19 if the employee’s civilian employment had not been 

20 interrupted. 

21 ‘‘(d) In consultation with Secretary of Defense, the 

22 Office of Personnel Management shall prescribe such reg23 ulations as may be necessary to carry out this section. 

24 ‘‘(e) In consultation with the Office of Personnel 

25 Management, the head of each employing agency shall pre-
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1 scribe procedures to ensure that the rights under this sec2 tion apply to the employees of such agency. 

3 ‘‘(f) In this section: 

4 ‘‘(1) The terms ‘active duty for a period of 

5 more than 30 days’, ‘member’, and ‘reserve compo6 nent’ have the meanings given such terms in section 

7 101 of title 37. 

8 ‘‘(2) The term ‘civilian basic pay’, with respect 

9 to an employee, includes any amount payable under 

10 section 5304 of this title or under such other law 

11 providing for the compensation of the employee by 

12 the employing agency for work performed. 

13 ‘‘(3) The term ‘employing agency’, as used with 

14 respect to an employee entitled to any payments 

15 under this section, means the agency with respect to 

16 which the employee has reemployment rights under 

17 chapter 43 of title 38. The term ‘agency’ has the 

18 meaning given such term in subparagraph (C) of 

19 section 2302(a)(2) of this title, except that the term 

20 includes Government corporations and agencies ex21 cluded by clause (i) or (ii) of such subparagraph. 

22 ‘‘(4) The term ‘military compensation’ has the 

23 meaning given the term ‘pay’ in section 101(21) of 

24 title 37, except that the term includes allowances 

25 under chapter 7 of such title.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 55 of title 5, is amended by 

3 inserting after the item relating to section 5537 the fol4 lowing new item: 

‘‘5538. Nonreduction in pay while serving on active duty in a reserve component.’’. 

5 (c) APPLICATION OF AMENDMENT.—Section 5538 of 

6 title 5, United States Code, as added by subsection (a), 

7 shall apply with respect to pay periods (as described in 

8 subsection (b) of such section) beginning on or after the 

9 date of the enactment of this Act. 

10 SEC. 622. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE 

11 CREDIT ADDED TO GENERAL BUSINESS 

12 CREDIT. 

13 (a) ADDITION OF CREDIT.—Subpart D of part IV of 

14 subchapter A of chapter 1 of the Internal Revenue Code 

15 of 1986 (relating to business-related credits) is amended 

16 by adding at the end the following new section: 

17 ‘‘SEC. 45J. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE 

18 CREDIT. 

19 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

20 the Ready Reserve-National Guard employee credit deter21 mined under this section for any taxable year with respect 

22 to each Ready Reserve-National Guard employee of an em23 ployer is an amount equal to the lesser of— 
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1 ‘‘(1) 50 percent of the actual compensation 

2 amount paid with respect to such Ready Reserve3 National Guard employee for such taxable year while 

4 the employee is absent from employment for a rea5 son described in subsection (b); or 

6 ‘‘(2) $30,000. 

7 ‘‘(b) COVERED PAY PERIODS.—Subsection (a) shall 

8 apply with respect to a Ready Reserve-National Guard 

9 employee— 

10 ‘‘(1) while the employee serves on active duty 

11 for a period of more than 30 days; 

12 ‘‘(2) while the employee is hospitalized for, or 

13 convalescing from, an illness or injury incurred in, 

14 or aggravated during, the performance of such active 

15 duty; or 

16 ‘‘(3) during the 14-day period beginning at the 

17 end of such active duty or the end of the period re18 ferred to in subparagraph (B). 

19 ‘‘(c) LIMITATION.—No credit shall be allowed under 

20 subsection (a) with respect to a Ready Reserve-National 

21 Guard employee on any day on which the employee was 

22 not scheduled to work (for a reason other than such serv23 ice on active duty) and ordinarily would not have worked. 

24 ‘‘(d) PORTION OF CREDIT REFUNDABLE.— 
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1 ‘‘(1) IN GENERAL.—In the case of an employer 

2 described in paragraph (2), the aggregate credits al3 lowed to a taxpayer under subpart C shall be in4 creased by the lesser of— 

5 ‘‘(A) the credit which would be allowed 

6 under this section without regard to this sub7 section and the limitation under section 38(c), 

8 or 

9 ‘‘(B) the amount by which the aggregate 

10 amount of credits allowed by this subpart (de11 termined without regard to this subsection) 

12 would increase if the limitation imposed by sec13 tion 38(c) for any taxable year were increased 

14 by the amount of employer payroll taxes im15 posed on the taxpayer during the calendar year 

16 in which the taxable year begins. 

17 The amount of the credit allowed under this sub18 section shall not be treated as a credit allowed under 

19 this subpart and shall reduce the amount of the 

20 credit otherwise allowable under subsection (a) with21 out regard to section 38(c). 

22 ‘‘(2) EMPLOYER DESCRIBED.—An employer is 

23 described in this paragraph if the employer is— 

24 ‘‘(A) an organization exempt from tax 

25 under this chapter, 
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1 ‘‘(B) any State or political subdivision 

2 thereof, the District of Columbia, any posses3 sion of the United States, or any agency or in4 strumentality of any of the foregoing, or 

5 ‘‘(C) any Indian tribal government (within 

6 the meaning of section 7871) or any agency or 

7 instrumentality thereof. 

8 ‘‘(3) EMPLOYER PAYROLL TAXES.—For pur9 poses of this subsection— 

10 ‘‘(A) IN GENERAL.—The term ‘employer 

11 payroll taxes’ means the taxes imposed by— 

12 ‘‘(i) section 3111(b), and 

13 ‘‘(ii) sections 3211(a) and 3221(a) 

14 (determined at a rate equal to the rate 

15 under section 3111(b)). 

16 ‘‘(B) SPECIAL RULE.—A rule similar to 

17 the rule of section 24(d)(2)(C) shall apply for 

18 purposes of subparagraph (A). 

19 ‘‘(e) DEFINITIONS.—In this section— 

20 ‘‘(1) The terms ‘active duty for a period of 

21 more than 30 days’, ‘member’, and ‘reserve compo22 nent’ have the meanings given such terms in section 

23 101 of title 37, United States Code. 

24 ‘‘(2) The term ‘compensation’ means any remu25 neration for employment, whether in cash or in kind, 
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1 which is paid or incurred by a taxpayer and which 

2 is deductible from the taxpayer’s gross income under 

3 section 162(a)(1). 

4 ‘‘(3) The term ‘Ready Reserve-National Guard 

5 employee’ with respect to an employer, means an 

6 employee of the employer who is also a member of 

7 a reserve component during a taxable year.’’. 

8 (b) CREDIT TO BE PART OF GENERAL BUSINESS

9 CREDIT.—Subsection (b) of section 38 of such Code (re10 lating to general business credit) is amended by striking 

11 ‘‘plus’’ at the end of paragraph (18), by striking the period 

12 at the end of paragraph (19) and inserting ‘‘, plus’’, and 

13 by adding at the end the following new paragraph: 

14 ‘‘(20) the active-duty reserve component em15 ployee credit determined under section 45J(a).’’. 

16 (c) CONFORMING AMENDMENT.— 

17 (1) Paragraph (2) of section 1324(b) of title 

18 31, United States Code, is amended by inserting ‘‘or 

19 45J’’ after ‘‘section 35’’. 

20 (2) The table of sections for subpart D of part 

21 IV of subchapter A of chapter 1 of the Internal Rev22 enue Code of 1986 is amended by inserting after the 

23 item relating to section 45I the following new item: 

‘‘Sec. 45J. Active-duty reserve component employee credit.’’. 
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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2004. 

4 SEC. 623. DIFFERENTIAL WAGE PAYMENTS. 

5 (a) INCOME TAX WITHHOLDING.—Section 3401 of 

6 the Internal Revenue Code of 1986 (relating to defini7 tions) is amended by adding at the end the following new 

8 subsection: 

9 ‘‘(i) DIFFERENTIAL WAGE PAYMENTS TO ACTIVE

10 DUTY MEMBERS OFTHE UNIFORMED SERVICES.— 

11 ‘‘(1) IN GENERAL.—For purposes of subsection 

12 (a), any differential wage payment shall be treated 

13 as a payment of wages by the employer to the em14 ployee. 

15 ‘‘(2) DIFFERENTIAL WAGE PAYMENT.—For 

16 purposes of paragraph (1), the term ‘differential 

17 wage payment’ means any payment which— 

18 ‘‘(A) is made by an employer to an indi19 vidual with respect to any period during which 

20 the individual is performing service in the uni21 formed services while on active duty for a pe22 riod of more than 30 days, and 

23 ‘‘(B) represents all or a portion of the 

24 wages the individual would have received from 
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1 the employer if the individual were performing 

2 service for the employer.’’. 

3 (b) TREATMENT OF DIFFERENTIAL WAGE PAY4 MENTS FOR RETIREMENT PLAN PURPOSES.— 

5 (1) PENSION PLANS.— 

6 (A) IN GENERAL.—Section 414(u) of such 

7 Code (relating to special rules relating to vet8 erans’ reemployment rights under USERRA) is 

9 amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(11) TREATMENT OF DIFFERENTIAL WAGE

12 PAYMENTS.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 this paragraph, for purposes of applying this 

15 title to a retirement plan to which this sub16 section applies— 

17 ‘‘(i) an individual receiving a differen18 tial wage payment shall be treated as an 

19 employee of the employer making the pay20 ment, 

21 ‘‘(ii) the differential wage payment 

22 shall be treated as compensation, and 

23 ‘‘(iii) the plan shall not be treated as 

24 failing to meet the requirements of any 

25 provision described in paragraph (1)(C) by 
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1 reason of any contribution which is based 

2 on the differential wage payment. 

3 ‘‘(B) SPECIAL RULE FOR DISTRIBU4 TIONS.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 subparagraph (A)(i), for purposes of sec7 tion 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 

8 403(b)(11)(A), or 457(d)(1)(A)(ii), an in9 dividual shall be treated as having been 

10 severed from employment during any pe11 riod the individual is performing service in 

12 the uniformed services described in section 

13 3401(i)(2)(A). 

14 ‘‘(ii) LIMITATION.—If an individual 

15 elects to receive a distribution by reason of 

16 clause (i), the plan shall provide that the 

17 individual may not make an elective defer18 ral or employee contribution during the 6- 

19 month period beginning on the date of the 

20 distribution. 

21 ‘‘(C) NONDISCRIMINATION REQUIRE22 MENT.—Subparagraph (A)(iii) shall apply only 

23 if all employees of an employer performing serv24 ice in the uniformed services described in sec25 tion 3401(i)(2)(A) are entitled to receive dif-
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1 ferential wage payments on reasonably equiva2 lent terms and, if eligible to participate in a re3 tirement plan maintained by the employer, to 

4 make contributions based on the payments . 

5 For purposes of applying this subparagraph, 

6 the provisions of paragraphs (3), (4), and (5), 

7 of section 410(b) shall apply. 

8 ‘‘(D) DIFFERENTIAL WAGE PAYMENT.— 

9 For purposes of this paragraph, the term ‘dif10 ferential wage payment’ has the meaning given 

11 such term by section 3401(i)(2).’’. 

12 (B) CONFORMING AMENDMENT.—The 

13 heading for section 414(u) of such Code is 

14 amended by inserting ‘‘AND TO DIFFERENTIAL

15 WAGE PAYMENTS TO MEMBERS ON ACTIVE

16 DUTY’’ after ‘‘USERRA’’. 

17 (2) DIFFERENTIAL WAGE PAYMENTS TREATED

18 AS COMPENSATION FOR INDIVIDUAL RETIREMENT

19 PLANS.—Section 219(f)(1) of such Code (defining 

20 compensation) is amended by adding at the end the 

21 following new sentence: ‘‘The term ‘compensation’ 

22 includes any differential wage payment (as defined 

23 in section 3401(i)(2))’’. 

24 (c) EFFECTIVE DATES.— 
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1 (1) SUBSECTION (a).—The amendments made 

2 by subsection (a) shall apply to remuneration paid 

3 after December 31, 2004. 

4 (2) SUBSECTION (b).—The amendments made 

5 by subsection (b) shall apply to plan years beginning 

6 after December 31, 2004. 

7 (d) PROVISIONS RELATING TO PLAN AMEND8 MENTS.— 

9 (1) IN GENERAL.—If this subsection applies to 

10 any plan or annuity contract amendment— 

11 (A) such plan or contract shall be treated 

12 as being operated in accordance with the terms 

13 of the plan or contract during the period de14 scribed in paragraph (2)(B)(i), and 

15 (B) except as provided by the Secretary of 

16 the Treasury, such plan shall not fail to meet 

17 the requirements of the Internal Revenue Code 

18 of 1986 or the Employee Retirement Income 

19 Security Act of 1974 by reason of such amend20 ment. 

21 (2) AMENDMENTS TO WHICH SECTION AP22 PLIES.— 

23 (A) IN GENERAL.—This subsection shall 

24 apply to any amendment to any plan or annuity 

25 contract which is made— 
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1 (i) pursuant to any amendment made 

2 by this section, and 

3 (ii) on or before the last day of the 

4 first plan year beginning on or after Janu5 ary 1, 2007. 

6 (B) CONDITIONS.—This subsection shall 

7 not apply to any plan or annuity contract 

8 amendment unless— 

9 (i) during the period beginning on the 

10 date the amendment described in subpara11 graph (A)(i) takes effect and ending on the 

12 date described in subparagraph (A)(ii) (or, 

13 if earlier, the date the plan or contract 

14 amendment is adopted), the plan or con15 tract is operated as if such plan or con16 tract amendment were in effect; and 

17 (ii) such plan or contract amendment 

18 applies retroactively for such period. 

19 SEC. 624. CREDIT FOR INCOME DIFFERENTIAL FOR EM20 PLOYMENT OF ACTIVATED MILITARY RE21 SERVIST AND REPLACEMENT PERSONNEL. 

22 (a) IN GENERAL.—Subpart B of part IV of sub23 chapter A of chapter 1 of the Internal Revenue Code of 

24 1986 (relating to other credits) is amended by adding at 

25 the end the following new section: 
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1 ‘‘SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILI2 TARY RESERVISTS. 

3 ‘‘(a) GENERAL RULE.—There shall be allowed as a 

4 credit against the tax imposed by this chapter for the tax5 able year an amount equal to the sum of— 

6 ‘‘(1) in the case of a small business employer, 

7 the employment credit with respect to all qualified 

8 employees and qualified replacement employees of 

9 the taxpayer, plus 

10 ‘‘(2) the self-employment credit of a qualified 

11 self-employed taxpayer. 

12 ‘‘(b) EMPLOYMENT CREDIT.—For purposes of this 

13 section— 

14 ‘‘(1) QUALIFIED EMPLOYEES.— 

15 ‘‘(A) IN GENERAL.—The employment cred16 it with respect to a qualified employee of the 

17 taxpayer for any taxable year is equal to 50 

18 percent of the lesser of— 

19 ‘‘(i) the excess, if any, of— 

20 ‘‘(I) the qualified employee’s av21 erage daily qualified compensation for 

22 the taxable year, over 

23 ‘‘(II) the average daily military 

24 pay and allowances received by the 

25 qualified employee during the taxable 

26 year, while participating in qualified 
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1 reserve component duty to the exclu2 sion of the qualified employee’s nor3 mal employment duties for the num4 ber of days the qualified employee 

5 participates in qualified reserve com6 ponent duty during the taxable year, 

7 including time spent in a travel sta8 tus, or 

9 ‘‘(ii) $30,000. 

10 The employment credit, with respect to all 

11 qualified employees, is equal to the sum of the 

12 employment credits for each qualified employee 

13 under this subsection. 

14 ‘‘(B) AVERAGE DAILY QUALIFIED COM15 PENSATION AND AVERAGE DAILY MILITARY PAY

16 AND ALLOWANCES.—As used with respect to a 

17 qualified employee— 

18 ‘‘(i) the term ‘average daily qualified 

19 compensation’ means the qualified com20 pensation of the qualified employee for the 

21 taxable year divided by the difference be22 tween— 

23 ‘‘(I) 365, and 

24 ‘‘(II) the number of days the 

25 qualified employee participates in 
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1 qualified reserve component duty dur2 ing the taxable year, including time 

3 spent in a travel status, and 

4 ‘‘(ii) the term ‘average daily military 

5 pay and allowances’ means— 

6 ‘‘(I) the amount paid to the 

7 qualified employee during the taxable 

8 year as military pay and allowances 

9 on account of the qualified employee’s 

10 participation in qualified reserve com11 ponent duty, divided by 

12 ‘‘(II) the total number of days 

13 the qualified employee participates in 

14 qualified reserve component duty, in15 cluding time spent in travel status. 

16 ‘‘(C) QUALIFIED COMPENSATION.—When 

17 used with respect to the compensation paid or 

18 that would have been paid to a qualified em19 ployee for any period during which the qualified 

20 employee participates in qualified reserve com21 ponent duty, the term ‘qualified compensation’ 

22 means— 

23 ‘‘(i) compensation which is normally 

24 contingent on the qualified employee’s 

25 presence for work and which would be de-
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1 ductible from the taxpayer’s gross income 

2 under section 162(a)(1) if the qualified 

3 employee were present and receiving such 

4 compensation, 

5 ‘‘(ii) compensation which is not char6 acterized by the taxpayer as vacation or 

7 holiday pay, or as sick leave or pay, or as 

8 any other form of pay for a nonspecific 

9 leave of absence, and with respect to which 

10 the number of days the qualified employee 

11 participates in qualified reserve component 

12 duty does not result in any reduction in 

13 the amount of vacation time, sick leave, or 

14 other nonspecific leave previously credited 

15 to or earned by the qualified employee, and 

16 ‘‘(iii) group health plan costs (if any) 

17 with respect to the qualified employee. 

18 ‘‘(D) QUALIFIED EMPLOYEE.—The term 

19 ‘qualified employee’ means a person who— 

20 ‘‘(i) has been an employee of the tax21 payer for the 31-day period immediately 

22 preceding the period during which the em23 ployee participates in qualified reserve 

24 component duty, and 
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1 ‘‘(ii) is a member of the Ready Re2 serve of a reserve component of an Armed 

3 Force of the United States as defined in 

4 sections 10142 and 10101 of title 10, 

5 United States Code. 

6 ‘‘(2) QUALIFIED REPLACEMENT EMPLOYEES.— 

7 ‘‘(A) IN GENERAL.—The employment cred8 it with respect to a qualified replacement em9 ployee of the taxpayer for any taxable year is 

10 equal to 50 percent of the lesser of— 

11 ‘‘(i) the individual’s qualified com12 pensation attributable to service rendered 

13 as a qualified replacement employee, or 

14 ‘‘(ii) $12,000. 

15 The employment credit, with respect to all 

16 qualified replacement employees, is equal to the 

17 sum of the employment credits for each quali18 fied replacement employee under this sub19 section. 

20 ‘‘(B) QUALIFIED COMPENSATION.—When 

21 used with respect to the compensation paid to 

22 a qualified replacement employee, the term 

23 ‘qualified compensation’ means— 

24 ‘‘(i) compensation which is normally 

25 contingent on the qualified replacement 
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1 employee’s presence for work and which is 

2 deductible from the taxpayer’s gross in3 come under section 162(a)(1), 

4 ‘‘(ii) compensation which is not char5 acterized by the taxpayer as vacation or 

6 holiday pay, or as sick leave or pay, or as 

7 any other form of pay for a nonspecific 

8 leave of absence, and 

9 ‘‘(iii) group health plan costs (if any) 

10 with respect to the qualified replacement 

11 employee. 

12 ‘‘(C) QUALIFIED REPLACEMENT EM13 PLOYEE.—The term ‘qualified replacement em14 ployee’ means an individual who is hired to re15 place a qualified employee or a qualified self16 employed taxpayer, but only with respect to the 

17 period during which such employee or taxpayer 

18 participates in qualified reserve component 

19 duty, including time spent in travel status. 

20 ‘‘(D) FAILURE TO MAKE DIFFERENTIAL

21 WAGE PAYMENTS.—The employment credit with 

22 respect to a qualified replacement employee of 

23 the taxpayer for any taxable year shall be zero 

24 if the taxpayer does not make all differential 

25 wage payments (as defined by section 
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1 3401(i)(2)) for the taxable year to the qualified 

2 employee or the qualified self-employed tax3 payer (as the case may be) who is replaced by 

4 the qualified replacement employee. 

5 ‘‘(c) SELF-EMPLOYMENT CREDIT.—For purposes of 

6 this section— 

7 ‘‘(1) IN GENERAL.—The self-employment credit 

8 of a qualified self-employed taxpayer for any taxable 

9 year is equal to 50 percent of the lesser of— 

10 ‘‘(A) the excess, if any, of— 

11 ‘‘(i) the self-employed taxpayer’s aver12 age daily self-employment income for the 

13 taxable year over 

14 ‘‘(ii) the average daily military pay 

15 and allowances received by the taxpayer 

16 during the taxable year, while participating 

17 in qualified reserve component duty to the 

18 exclusion of the taxpayer’s normal self-em19 ployment duties for the number of days the 

20 taxpayer participates in qualified reserve 

21 component duty during the taxable year, 

22 including time spent in a travel status, or 

23 ‘‘(B) $30,000. 

24 ‘‘(2) AVERAGE DAILY SELF-EMPLOYMENT IN25 COME AND AVERAGE DAILY MILITARY PAY AND AL-
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1 LOWANCES.—As used with respect to a self-em2 ployed taxpayer— 

3 ‘‘(A) the term ‘average daily self-employ4 ment income’ means the self-employment in5 come (as defined in section 1402(b)) of the tax6 payer for the taxable year plus the amount paid 

7 for insurance which constitutes medical care for 

8 the taxpayer for such year (within the meaning 

9 of section 162(l)) divided by the difference be10 tween— 

11 ‘‘(i) 365, and 

12 ‘‘(ii) the number of days the taxpayer 

13 participates in qualified reserve component 

14 duty during the taxable year, including 

15 time spent in a travel status, and 

16 ‘‘(B) the term ‘average daily military pay 

17 and allowances’ means— 

18 ‘‘(i) the amount paid to the taxpayer 

19 during the taxable year as military pay 

20 and allowances on account of the tax21 payer’s participation in qualified reserve 

22 component duty, divided by 

23 ‘‘(ii) the total number of days the tax24 payer participates in qualified reserve com-
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1 ponent duty, including time spent in travel 

2 status. 

3 ‘‘(3) QUALIFIED SELF-EMPLOYED TAXPAYER.— 

4 The term ‘qualified self-employed taxpayer’ means a 

5 taxpayer who— 

6 ‘‘(A) has net earnings from self-employ7 ment (as defined in section 1402(a)) for the 

8 taxable year, and 

9 ‘‘(B) is a member of the Ready Reserve of 

10 a reserve component of an Armed Force of the 

11 United States. 

12 ‘‘(d) CREDIT IN ADDITION TO DEDUCTION.—The 

13 employment credit or the self-employment credit provided 

14 in this section is in addition to any deduction otherwise 

15 allowable with respect to compensation actually paid to a 

16 qualified employee, qualified replacement employee, or 

17 qualified self-employed taxpayer during any period the 

18 qualified employee or qualified self-employed taxpayer par19 ticipates in qualified reserve component duty to the exclu20 sion of normal employment duties. 

21 ‘‘(e) COORDINATION WITH OTHER CREDITS.—The 

22 amount of credit otherwise allowable under sections 51(a) 

23 and 1396(a) with respect to any employee shall be reduced 

24 by the credit allowed by this section with respect to such 

25 employee. 
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1 ‘‘(f) LIMITATIONS.— 

2 ‘‘(1) APPLICATION WITH OTHER CREDITS.— 

3 The credit allowed under subsection (a) for any tax4 able year shall not exceed the excess (if any) of— 

5 ‘‘(A) the regular tax for the taxable year 

6 reduced by the sum of the credits allowable 

7 under subpart A and sections 27, 29, and 30, 

8 over 

9 ‘‘(B) the tentative minimum tax for the 

10 taxable year. 

11 ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY

12 WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS OF

13 MEMBERS OFTHE RESERVE COMPONENTS OFTHE

14 ARMED FORCES OF THE UNITED STATES.—No credit 

15 shall be allowed under subsection (a) to a taxpayer 

16 for— 

17 ‘‘(A) any taxable year, beginning after the 

18 date of the enactment of this section, in which 

19 the taxpayer is under a final order, judgment, 

20 or other process issued or required by a district 

21 court of the United States under section 4323 

22 of title 38 of the United States Code with re23 spect to a violation of chapter 43 of such title, 

24 and 

25 ‘‘(B) the 2 succeeding taxable years. 
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1 ‘‘(3) DISALLOWANCE WITH RESPECT TO PER2 SONS ORDERED TO ACTIVE DUTY FOR TRAINING.— 

3 No credit shall be allowed under subsection (a) to a 

4 taxpayer with respect to any period by taking into 

5 account any person who is called or ordered to active 

6 duty for any of the following types of duty: 

7 ‘‘(A) Active duty for training under any 

8 provision of title 10, United States Code. 

9 ‘‘(B) Training at encampments, maneu10 vers, outdoor target practice, or other exercises 

11 under chapter 5 of title 32, United States Code. 

12 ‘‘(C) Full-time National Guard duty, as 

13 defined in section 101(d)(5) of title 10, United 

14 States Code. 

15 ‘‘(g) GENERAL DEFINITIONS AND SPECIAL RULES.— 

16 For purposes of this section— 

17 ‘‘(1) SMALL BUSINESS EMPLOYER.— 

18 ‘‘(A) IN GENERAL.—The term ‘small busi19 ness employer’ means, with respect to any tax20 able year, any employer who employed an aver21 age of 50 or fewer employees on business days 

22 during such taxable year. 

23 ‘‘(B) CONTROLLED GROUPS.—For pur24 poses of subparagraph (A), all persons treated 

25 as a single employer under subsection (b), (c), 
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1 (m), or (o) of section 414 shall be treated as a 

2 single employer. 

3 ‘‘(2) MILITARY PAY AND ALLOWANCES.—The 

4 term ‘military pay’ means pay as that term is de5 fined in section 101(21) of title 37, United States 

6 Code, and the term ‘allowances’ means the allow7 ances payable to a member of the Armed Forces of 

8 the United States under chapter 7 of that title. 

9 ‘‘(3) QUALIFIED RESERVE COMPONENT

10 DUTY.—The term ‘qualified reserve component duty’ 

11 includes only active duty performed, as designated in 

12 the reservist’s military orders, in support of a con13 tingency operation as defined in section 101(a)(13) 

14 of title 10, United States Code. 

15 ‘‘(4) SPECIAL RULE FOR CERTAIN MANUFAC16 TURERS.— 

17 ‘‘(A) IN GENERAL.—In the case of any 

18 qualified manufacturer, paragraph (1)(A) of 

19 this subsection shall be applied by substituting 

20 ‘100’ for ‘50’. 

21 ‘‘(B) QUALIFIED MANUFACTURER.—For 

22 purposes of this paragraph, the term ‘qualified 

23 manufacturer’ means any person if— 

24 ‘‘(i) the primary business of such per25 son is classified in sector 31, 32, or 33 of 
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1 the North American Industrial Classifica2 tion System, and 

3 ‘‘(ii) all of such person’s facilities 

4 which are used for production in such busi5 ness are located in the United States. 

6 ‘‘(5) CARRYBACK AND CARRYFORWARD AL7 LOWED.— 

8 ‘‘(A) IN GENERAL.—If the credit allowable 

9 under subsection (a) for a taxable year exceeds 

10 the amount of the limitation under subsection 

11 (f)(1) for such taxable year (in this paragraph 

12 referred to as the ‘unused credit year’), such 

13 excess shall be a credit carryback to each of the 

14 3 taxable years preceding the unused credit 

15 year and a credit carryforward to each of the 

16 20 taxable years following the unused credit 

17 year. 

18 ‘‘(B) RULES.—Rules similar to the rules of 

19 section 39 shall apply with respect to the credit 

20 carryback and credit carryforward under sub21 paragraph (A). 

22 ‘‘(6) CERTAIN RULES TO APPLY.—Rules similar 

23 to the rules of subsections (c), (d), and (e) of section 

24 52 shall apply.’’. 
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1 (b) CONFORMING AMENDMENT.—Section 55(c)(2) of 

2 the Internal Revenue Code of 1986 is amended by insert3 ing ‘‘30B(f)(1),’’ after ‘‘30(b)(3),’’. 

4 (c) CLERICAL AMENDMENT.—The table of sections 

5 for subpart B of part IV of subchapter A of chapter 1 

6 of the Internal Revenue Code of 1986 is amended by add7 ing at the end of 30A the following new item: 

‘‘Sec. 30B. Employer wage credit for activated military reservists.’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to taxable years beginning after 

10 December 31, 2004. 

11 SEC. 625. EMPLOYER CONTRIBUTIONS TO IRAS OF CERTAIN 

12 MEMBERS OF THE UNIFORMED SERVICES. 

13 (a) IN GENERAL.—Section 3121 of the Internal Rev14 enue Code of 1986 is amended by adding at the end the 

15 following: 

16 ‘‘(z) EMPLOYER CONTRIBUTIONS TO IRAS OF CER17 TAIN MEMBERS OFTHE UNIFORMED SERVICES.—Noth18 ing in any paragraph of subsection (a) (other than para19 graphs (1) and (5)) shall exclude from the term ‘wages’ 

20 any employer payment on behalf of an individual to an 

21 individual retirement plan if such payment is made by the 

22 employer to such plan with respect to any period during 

23 which the individual is performing service in the uni24 formed services while on active duty for a period of more 

25 than 30 days.’’. 
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1 (b) RAILROAD RETIREMENT.—Subsection (e) of Sec2 tion 3231 of such Code is amended by adding at the end 

3 the following new paragraph: 

4 ‘‘(13) EMPLOYER CONTRIBUTIONS TO IRAS OF

5 CERTAIN MEMBERS OFTHE UNIFORMED SERV6 ICES.—Nothing in any paragraph of this subsection 

7 (other than paragraph (2)) shall exclude from the 

8 term ‘compensation’ any amount described in section 

9 3121(z).’’. 

10 (c) FEDERAL UNEMPLOYMENT TAX.—Section 3306 

11 of such Code is amended by adding at the end the fol12 lowing: 

13 ‘‘(v) EMPLOYER CONTRIBUTIONS TO IRAS OF CER14 TAIN MEMBERS OFTHE UNIFORMED SERVICES.—Noth15 ing in any paragraph of subsection (b) (other than para16 graphs (1) and (5)) shall exclude from the term ‘wages’ 

17 any employer payment on behalf of an individual to an 

18 individual retirement plan if such payment is made by the 

19 employer to such plan with respect to any period during 

20 which the individual is performing service in the uni21 formed services while on active duty for a period of more 

22 than 30 days.’’. 

23 (d) WITHHOLDING.—Section 3401 of such Code, as 

24 amended by this Act, is amended by adding at the end 

25 the following new subsection: 
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1 ‘‘(j) EMPLOYER CONTRIBUTIONS TO IRAS OF CER2 TAIN MEMBERS OFTHE UNIFORMED SERVICES.—Noth3 ing in any paragraph of subsection (a) (other than para4 graph (12)) shall exclude from the term ‘wages’ any 

5 amount described in section 3121(z).’’. 

6 (e) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to amounts paid after December 

8 31, 2004. 

9 TITLE VII—FUNDING 

10 SEC. 701. REPEAL OF 2001 TAX CUT FOR HIGH INCOME TAX11 PAYERS. 

12 (a) IN GENERAL.—Section 1 of the Internal Revenue 

13 Code of 1986 is amended by adding at the end the fol14 lowing new subsection: 

15 ‘‘(j) REPEAL OF 2001 TAX CUT FOR HIGH INCOME

16 TAXPAYERS.—The amount determined under subsection 

17 (a), (b), (c), or (d), as the case may be, shall be increased 

18 by 4.6 percent of so much of taxable income as exceeds 

19 $1,000,000 in the case of individuals to whom subsection 

20 (a) applies ($500,000 in any other case).’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 this section shall apply to taxable years beginning after 

23 December 31, 2005. 
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1 SEC. 702. REPEAL OF SCHEDULED TERMINATION OF 

2 PHASEOUT OF PERSONAL EXEMPTIONS. 

3 (a) IN GENERAL.—Paragraph (3) of section 151(d) 

4 of the Internal Revenue Code of 1986 is amended by strik5 ing subparagraphs (E) and (F). 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall apply to taxable years beginning after 

8 December 31, 2005. 

9 SEC. 703. REPEAL OF SCHEDULED PHASEOUT OF OVERALL 

10 LIMITATION ON ITEMIZED DEDUCTIONS. 

11 (a) IN GENERAL.—Section 68 of the Internal Rev12 enue Code of 1986 is amended by striking subsections (f) 

13 and (g). 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 this section shall apply to taxable years beginning after 

16 December 31, 2005. 

Æ