154 
‘‘(3) threatening or placing that other person in 
fear that any person will be subjected to death, griev-
ous bodily harm, or kidnapping; 
‘‘(4) rendering another person unconscious; or 
‘‘(5) administering to another person by force or 
threat of force, or without the knowledge or permis-
sion of that person, a drug, intoxicant, or other simi-
lar substance and thereby substantially impairs the 
ability of that other person to appraise or control con-
duct, 
is guilty of rape and shall be punished as a court-martial 
may direct. 
‘‘(b) RAPE OF A CHILD.—Any person subject to this 
chapter who— 
‘‘(1) engages in a sexual act with a child who 
has not attained the age of twelve years; or 
‘‘(2) engages in a sexual act under the cir-
cumstances described in subsection (a) with a child 
who has attained the age of twelve years, 
is guilty of rape of a child and shall be punished as a court- 
martial may direct. 
‘‘(c) AGGRAVATED SEXUAL ASSAULT.—Any person 
subject to this chapter who— 
‘‘(1) causes another person of any age to engage 
in a sexual act by—
155 
‘‘(A) threatening or placing that other per-
son in fear (other than by threatening or placing 
that other person in fear that any person will be 
subjected to death, grievous bodily harm, or kid-
napping); or 
‘‘(B) causing bodily harm; or 
‘‘(2) engages in a sexual act with another person 
of any age if that other person is substantially inca-
pacitated or substantially incapable of— 
‘‘(A) appraising the nature of the sexual 
act; 
‘‘(B) declining participation in the sexual 
act; or 
‘‘(C) communicating unwillingness to en-
gage in the sexual act, 
is guilty of aggravated sexual assault and shall be punished 
as a court-martial may direct. 
‘‘(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.— 
Any person subject to this chapter who engages in a sexual 
act with a child who has attained the age of twelve years 
is guilty of aggravated sexual assault of a child and shall 
be punished as a court-martial may direct. 
‘‘(e) AGGRAVATED SEXUAL CONTACT.—Any person 
subject to this chapter who engages in or causes sexual con-
tact with or by another person, if to do so would violate
156 
subsection (a) (rape) had the sexual contact been a sexual 
act, is guilty of aggravated sexual contact and shall be pun-
ished as a court-martial may direct. 
‘‘(f) AGGRAVATED SEXUAL ABUSE OF A CHILD.—Any 
person subject to this chapter who engages in a lewd act 
with a child is guilty of aggravated sexual abuse of a child 
and shall be punished as a court-martial may direct. 
‘‘(g) 
AGGRAVATED
SEXUAL
CONTACT
WITH
A 
CHILD.—Any person subject to this chapter who engages in 
or causes sexual contact with or by another person, if to 
do so would violate subsection (b) (rape of a child) had the 
sexual contact been a sexual act, is guilty of aggravated 
sexual contact with a child and shall be punished as a 
court-martial may direct. 
‘‘(h) ABUSIVE SEXUAL CONTACT.—Any person subject 
to this chapter who engages in or causes sexual contact with 
or by another person, if to do so would violate subsection 
(c) (aggravated sexual assault) had the sexual contact been 
a sexual act, is guilty of abusive sexual contact and shall 
be punished as a court-martial may direct. 
‘‘(i) ABUSIVE SEXUAL CONTACT WITH A CHILD.—Any 
person subject to this chapter who engages in or causes sex-
ual contact with or by another person, if to do so would 
violate subsection (d) (aggravated sexual assault of a child) 
had the sexual contact been a sexual act, is guilty of abusive
157 
sexual contact with a child and shall be punished as a 
court-martial may direct. 
‘‘(j) INDECENT LIBERTY WITH A CHILD.—Any person 
subject to this chapter who engages in indecent liberty in 
the physical presence of a child— 
‘‘(1) with the intent to arouse, appeal to, or grat-
ify the sexual desire of any person; or 
‘‘(2) with the intent to abuse, humiliate, or de-
grade any person, 
is guilty of indecent liberty with a child and shall be pun-
ished as a court-martial may direct. 
‘‘(k) INDECENT ACT.—Any person subject to this chap-
ter who engages in indecent conduct is guilty of an indecent 
act and shall be punished as a court-martial may direct. 
‘‘(l) FORCIBLE PANDERING.—Any person subject to 
this chapter who compels another person to engage in an 
act of prostitution with another person to be directed to said 
person is guilty of forcible pandering and shall be punished 
as a court-martial may direct. 
‘‘(m) WRONGFUL SEXUAL CONTACT.—Any person sub-
ject to this chapter who, without legal justification or lawful 
authorization, engages in sexual contact with another per-
son without that other person’s permission is guilty of 
wrongful sexual contact and shall be punished as a court- 
martial may direct.
158 
‘‘(n) INDECENT EXPOSURE.—Any person subject to 
this chapter who intentionally exposes, in an indecent man-
ner, in any place where the conduct involved may reason-
ably be expected to be viewed by people other than members 
of the actor’s family or household, the genitalia, anus, but-
tocks, or female areola or nipple is guilty of indecent expo-
sure and shall by punished as a court-martial may direct. 
‘‘(o) AGE OF CHILD.— 
‘‘(1) TWELVE YEARS.—In a prosecution under 
subsection (b) (rape of a child), (g) (aggravated sexual 
contact with a child), or (j) (indecent liberty with a 
child), it need not be proven that the accused knew 
that the other person engaging in the sexual act, con-
tact, or liberty had not attained the age of twelve 
years. It is not an affirmative defense that the ac-
cused reasonably believed that the child had attained 
the age of twelve years. 
‘‘(2) SIXTEEN YEARS.—In a prosecution under 
subsection (d) (aggravated sexual assault of a child), 
(f) (aggravated sexual abuse of a child), (i) (abusive 
sexual contact with a child), or (j) (indecent liberty 
with a child), it need not be proven that the accused 
knew that the other person engaging in the sexual act, 
contact, or liberty had not attained the age of sixteen 
years. Unlike in paragraph (1), however, it is an af-
159 
firmative defense that the accused reasonably believed 
that the child had attained the age of sixteen years. 
‘‘(p) PROOF OF THREAT.—In a prosecution under this 
section, in proving that the accused made a threat, it need 
not be proven that the accused actually intended to carry 
out the threat. 
‘‘(q) MARRIAGE.— 
‘‘(1) IN
GENERAL.—In a prosecution under 
paragraph (2) of subsection (c) (aggravated sexual as-
sault), or under subsection (d) (aggravated sexual as-
sault of a child), (f) (aggravated sexual abuse of a 
child), (i) (abusive sexual contact with a child), (j) 
(indecent liberty with a child), (m) (wrongful sexual 
contact), or (n) (indecent exposure), it is an affirma-
tive defense that the accused and the other person 
when they engaged in the sexual act, sexual contact, 
or sexual conduct are married to each other. 
‘‘(2) DEFINITION.—For purposes of this sub-
section, a marriage is a relationship, recognized by 
the laws of a competent state or foreign jurisdiction, 
between the accused and the other person as spouses. 
A marriage exists until it is dissolved in accordance 
with the laws of a competent state or foreign jurisdic-
tion.
160 
‘‘(3) EXCEPTION.—Paragraph (1) shall not 
apply if the accused’s intent at the time of the sexual 
conduct is to abuse, humiliate, or degrade any person, 
or if the child is under the age of fifteen years. 
‘‘(r) CONSENT AND MISTAKE OF FACT AS TO CON-
SENT.—Lack of permission is an element of the offense in 
subsection (m) (wrongful sexual contact). Consent and mis-
take of fact as to consent are not an issue, or an affirmative 
defense, in a prosecution under any other subsection, except 
they are an affirmative defense for the sexual conduct in 
issue in a prosecution under subsection (a) (rape), (c) (ag-
gravated sexual assault), (e) (aggravated sexual contact), 
and (h) (abusive sexual contact). 
‘‘(s) OTHER
AFFIRMATIVE
DEFENSES
NOT
PRE-
CLUDED.—The enumeration in this section of some affirma-
tive defenses shall not be construed as excluding the exist-
ence of others. 
‘‘(t) NO PREEMPTION.—The prosecution or punish-
ment of an accused for an offense under this section does 
not preclude the prosecution or punishment of that accused 
for any other offense. 
‘‘(u) DEFINITIONS.—In this section: 
‘‘(1) SEXUAL
ACT.—The term ‘sexual act’ 
means—
161 
‘‘(A) contact between the penis and the 
vulva, and for purposes of this subparagraph 
contact involving the penis occurs upon penetra-
tion, however slight; or 
‘‘(B) the penetration, however slight, of the 
genital opening of another by a hand or finger 
or by any object, with an intent to abuse, hu-
miliate, harass, or degrade any person or to 
arouse or gratify the sexual desire of any person. 
‘‘(2) SEXUAL CONTACT.—The term ‘sexual con-
tact’ means the intentional touching, either directly 
or through the clothing, of the genitalia, anus, groin, 
breast, inner thigh, or buttocks of another person, or 
intentionally causing another person to touch, either 
directly or through the clothing, the genitalia, anus, 
groin, breast, inner thigh, or buttocks of any person, 
with an intent to abuse, humiliate, or degrade any 
person or to arouse or gratify the sexual desire of any 
person. 
‘‘(3) GRIEVOUS BODILY HARM.—The term ‘griev-
ous bodily harm’ means serious bodily injury. It in-
cludes fractured or dislocated bones, deep cuts, torn 
members of the body, serious damage to internal or-
gans, and other severe bodily injuries. It does not in-
clude minor injuries such as a black eye or a bloody
162 
nose. It is the same level of injury as in section 928 
(article 128) of this chapter, and a lesser degree of in-
jury than in section 2246(4) of title 18. 
‘‘(4) DANGEROUS
WEAPON
OR
OBJECT.—The 
term ‘dangerous weapon or object’ means— 
‘‘(A) any firearm, loaded or not, and wheth-
er operable or not; 
‘‘(B) any other weapon, device, instrument, 
material, or substance, whether animate or inan-
imate, that in the manner it is used, or is in-
tended to be used, is known to be capable of pro-
ducing death or grievous bodily harm; or 
‘‘(C) any object fashioned or utilized in such 
a manner as to lead the victim under the cir-
cumstances to reasonably believe it to be capable 
of producing death or grievous bodily harm. 
‘‘(5) FORCE.—The term ‘force’ means action to 
compel submission of another or to overcome or pre-
vent another’s resistance by— 
‘‘(A) the use or display of a dangerous 
weapon or object; 
‘‘(B) the suggestion of possession of a dan-
gerous weapon or object that is used in a manner 
to cause another to believe it is a dangerous 
weapon or object; or
163 
‘‘(C) physical violence, strength, power, or 
restraint applied to another person, sufficient 
that the other person could not avoid or escape 
the sexual conduct. 
‘‘(6) THREATENING
OR
PLACING
THAT
OTHER 
PERSON IN FEAR.—The term ‘threatening or placing 
that other person in fear’ under paragraph (3) of sub-
section (a) (rape), or under subsection (e) (aggravated 
sexual contact), means a communication or action 
that is of sufficient consequence to cause a reasonable 
fear that non-compliance will result in the victim or 
another person being subjected to death, grievous bod-
ily harm, or kidnapping. 
‘‘(7) THREATENING
OR
PLACING
THAT
OTHER 
PERSON IN FEAR.— 
‘‘(A) IN GENERAL.—The term ‘threatening 
or placing that other person in fear’ under para-
graph (1)(A) of subsection (c) (aggravated sexual 
assault), or under subsection (h) (abusive sexual 
contact), means a communication or action that 
is of sufficient consequence to cause a reasonable 
fear that non-compliance will result in the vic-
tim or another being subjected to a lesser degree 
of harm than death, grievous bodily harm, or 
kidnapping.
164 
‘‘(B) INCLUSIONS.—Such lesser degree of 
harm includes— 
‘‘(i) physical injury to another person 
or to another person’s property; or 
‘‘(ii) a threat— 
‘‘(I) to accuse any person of a 
crime; 
‘‘(II) to expose a secret or pub-
licize an asserted fact, whether true or 
false, tending to subject some person to 
hatred, contempt or ridicule; or 
‘‘(III) through the use or abuse of 
military position, rank, or authority, 
to affect or threaten to affect, either 
positively or negatively, the military 
career of some person. 
‘‘(8) BODILY
HARM.—The term ‘bodily harm’ 
means any offensive touching of another, however 
slight. 
‘‘(9) CHILD.—The term ‘child’ means any person 
who has not attained the age of sixteen years. 
‘‘(10) LEWD ACT.—The term ‘lewd act’ means— 
‘‘(A) the intentional touching, not through 
the clothing, of the genitalia of another person, 
with an intent to abuse, humiliate, or degrade
165 
any person, or to arouse or gratify the sexual de-
sire of any person; or 
‘‘(B) intentionally causing another person 
to touch, not through the clothing, the genitalia 
of any person with an intent to abuse, humiliate 
or degrade any person, or to arouse or gratify 
the sexual desire of any person. 
‘‘(11) INDECENT LIBERTY.—The term ‘indecent 
liberty’ means indecent conduct, but physical contact 
is not required. It includes one who with the requisite 
intent exposes one’s genitalia, anus, buttocks, or fe-
male areola or nipple to a child. An indecent liberty 
may consist of communication of indecent language 
as long as the communication is made in the physical 
presence of the child. If words designed to excite sex-
ual desire are spoken to a child, or a child is exposed 
to or involved in sexual conduct, it is an indecent lib-
erty; the child’s consent is not relevant. 
‘‘(12) INDECENT CONDUCT.—The term ‘indecent 
conduct’ means that form of immorality relating to 
sexual impurity which is grossly vulgar, obscene, and 
repugnant to common propriety, and tends to excite 
sexual desire or deprave morals with respect to sexual 
relations. Indecent conduct includes but is not limited 
to observing, or making a videotape, photograph, mo-
166 
tion picture, print, negative, slide, or other mechani-
cally, electronically, or chemically reproduced visual 
material, without another person’s consent, and con-
trary to that other person’s reasonable expectation of 
privacy, of— 
‘‘(A) that other person’s genitalia, anus, or 
buttocks, or (if that other person is female) that 
person’s areola or nipple; or 
‘‘(B) that other person while that other per-
son is engaged in a sexual act, sodomy (under 
section 925 (article 125)), or sexual contact; and 
‘‘(13) ACT OF PROSTITUTION.—The term ‘act of 
prostitution’ means a sexual act, sexual contact, or 
lewd act for the purpose of receiving money or other 
compensation. 
‘‘(14) CONSENT.—The term ‘consent’ means 
words or overt acts indicating a freely given agree-
ment to the sexual conduct at issue by a competent 
person. An expression of lack of consent through 
words or conduct means there is no consent. Lack of 
verbal or physical resistance or submission resulting 
from the accused’s use of force, threat of force, or plac-
ing another person in fear does not constitute consent. 
A current or previous dating relationship by itself or 
the manner of dress of the person involved with the
167 
accused in the sexual conduct at issue shall not con-
stitute consent. A person cannot consent to sexual ac-
tivity if— 
‘‘(A) under sixteen years of age; or 
‘‘(B) substantially incapable of— 
‘‘(i) appraising the nature of the sex-
ual conduct at issue due to— 
‘‘(I) mental impairment or un-
consciousness resulting from consump-
tion of alcohol, drugs, a similar sub-
stance, or otherwise; or 
‘‘(II) mental disease or defect 
which renders the person unable to un-
derstand the nature of the sexual con-
duct at issue; or 
‘‘(ii) physically declining participation 
in the sexual conduct at issue; or 
‘‘(iii) physically communicating un-
willingness to engage in the sexual conduct 
at issue. 
‘‘(15) MISTAKE OF FACT AS TO CONSENT.—The 
term ‘mistake of fact as to consent’ means the accused 
held, as a result of ignorance or mistake, an incorrect 
belief that the other person engaging in the sexual 
conduct consented. The ignorance or mistake must
168 
have existed in the mind of the accused and must 
have been reasonable under all the circumstances. To 
be reasonable the ignorance or mistake must have 
been based on information, or lack of it, which would 
indicate to a reasonable person that the other person 
consented. Additionally, the ignorance or mistake 
cannot be based on the negligent failure to discover 
the true facts. Negligence is the absence of due care. 
Due care is what a reasonably careful person would 
do under the same or similar circumstances. The 
accused’s state of intoxication, if any, at the time of 
the offense is not relevant to mistake of fact. A mis-
taken belief that the other person consented must be 
that which a reasonably careful, ordinary, prudent, 
sober adult would have had under the circumstances 
at the time of the offense. 
‘‘(16) AFFIRMATIVE
DEFENSE.—The term ‘af-
firmative defense’ means any special defense which, 
although not denying that the accused committed the 
objective acts constituting the offense charged, denies, 
wholly, or partially, criminal responsibility for those 
acts. The accused has the burden of proving the af-
firmative defense by a preponderance of evidence. 
After the defense meets this burden, the prosecution
169 
shall have the burden of proving beyond a reasonable 
doubt that the affirmative defense did not exist.’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to section 920 (article 120) in the table of sections at 
the beginning of subchapter X of chapter 47 of title 
10, United States Code (the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘920. Art. 120. Rape, sexual assault, and other sexual misconduct.’’. 
(b) INTERIM MAXIMUM PUNISHMENTS.—Until the 
President otherwise provides pursuant to section 856 of title 
10, United States Code (article 56 of the Uniform Code of 
Military Justice), the punishment which a court-martial 
may direct for an offense under section 920 of such title 
(article 120 of the Uniform Code of Military Justice), as 
amended by subsection (a), may not exceed the following 
limits: 
(1) SUBSECTIONS (A) AND (B).—For an offense 
under subsection (a) (rape) or (b) (rape of a child), 
death or such other punishments as a court-martial 
may direct. 
(2) SUBSECTION (C).—For an offense under sub-
section (c) (aggravated sexual assault), dishonorable 
discharge, forfeiture of all pay and allowances, and 
confinement for 30 years. 
(3) SUBSECTIONS (D) AND (E).—For an offense 
under subsection (d) (aggravated sexual assault of a
170 
child) or (e) (aggravated sexual contact), dishonorable 
discharge, forfeiture of all pay and allowances, and 
confinement for 20 years. 
(4) SUBSECTIONS (F) AND (G).—For an offense 
under subsection (f) (aggravated sexual abuse of a 
child) or (g) (aggravated sexual contact with a child), 
dishonorable discharge, forfeiture of all pay and al-
lowances, and confinement for 15 years. 
(5) SUBSECTIONS (H) THROUGH (J).—For an of-
fense under subsection (h) (abusive sexual contact), (i) 
(abusive sexual contact with a child), or (j) (indecent 
liberty with a child), dishonorable discharge, for-
feiture of all pay and allowances, and confinement for 
7 years. 
(6) SUBSECTIONS (K) AND (L).—For an offense 
under subsection (k) (indecent act) or (l) (forcible 
pandering), dishonorable discharge, forfeiture of all 
pay and allowances, and confinement for 5 years. 
(7) SUBSECTIONS (M) AND (N).—For an offense 
under subsection (m) (wrongful sexual contact) or (n) 
(indecent exposure), dishonorable discharge, forfeiture 
of all pay and allowances, and confinement for 1 
year. 
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect 1 year after the date of the enact-
171 
ment of this Act and section 920 of title 10, United States 
Code (article 120 of the Uniform Code of Military Justice), 
as amended by subsection (a), shall apply with respect to 
offenses committed on or after that effective date. 
(d) CONFORMING AMENDMENT.—Section 918 of title 
10, United States Code (article 118 of the Uniform Code 
of Military Justice), is amended in paragraph (4) by strik-
ing ‘‘rape,’’ and inserting ‘‘rape, rape of a child, aggravated 
sexual assault, aggravated sexual assault of a child, aggra-
vated sexual contact, aggravated sexual abuse of a child, 
aggravated sexual contact with a child,’’. 
Subtitle 
G—Assistance 
to 
Local 
Educational Agencies for De-
fense Dependents Education 
SEC. 561. ENROLLMENT IN OVERSEAS SCHOOLS OF DE-
FENSE DEPENDENTS’ EDUCATION SYSTEM OF 
CHILDREN OF CITIZENS OR NATIONALS OF 
THE UNITED STATES HIRED IN OVERSEAS 
AREAS AS FULL-TIME DEPARTMENT OF DE-
FENSE EMPLOYEES. 
Paragraph (2) of section 1414 of the Defense Depend-
ents’ Education Act of 1978 (20 U.S.C. 932) is amended 
to read as follows: 
‘‘(2) The term ‘sponsor’ means a person who is—
172 
‘‘(A) a member of the Armed Forces serving 
on active duty who— 
‘‘(i) is authorized to transport depend-
ents to or from an overseas area at Govern-
ment expense; and 
‘‘(ii) is provided an allowance for liv-
ing quarters in that area; 
‘‘(B) a full-time civilian officer or employee 
of the Department of Defense who— 
‘‘(i) is a citizen or national of the 
United States; 
‘‘(ii) is authorized to transport depend-
ents to or from an overseas area at Govern-
ment expense; and 
‘‘(iii) is provided an allowance for liv-
ing quarters in that area; or 
‘‘(C) a full-time civilian officer or employee 
of the Department of Defense who— 
‘‘(i) is a citizen or national of the 
United States; 
‘‘(ii) resided in an overseas area at the 
time of the person’s employment; and 
‘‘(iii) is employed by the Department 
of Defense in that area.’’.
173 
SEC. 562. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 
THAT BENEFIT DEPENDENTS OF MEMBERS 
OF THE ARMED FORCES AND DEPARTMENT 
OF DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.— 
(1) ASSISTANCE AUTHORIZED.—The Secretary of 
Defense shall provide financial assistance to an eligi-
ble local educational agency described in paragraph 
(2) if, without such assistance, the local educational 
agency will be unable (as determined by the Secretary 
of Defense in consultation with the Secretary of Edu-
cation) to provide the students in the schools of the 
local educational agency with a level of education 
that is equivalent to the minimum level of education 
available in the schools of the other local educational 
agencies in the same State. 
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 
A local educational agency is eligible for assistance 
under this subsection for a fiscal year if at least 20 
percent (as rounded to the nearest whole percent) of 
the students in average daily attendance in the 
schools of the local educational agency during the pre-
ceding school year were military dependent students 
counted under section 8003(a)(1) of the Elementary
174 
and Secondary Education Act of 1965 (20 U.S.C. 
7703(a)(1)). 
(b) ASSISTANCE
TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.— 
(1) ASSISTANCE AUTHORIZED.—To assist com-
munities in making adjustments resulting from 
changes in the size or location of the Armed Forces, 
the Secretary of Defense shall provide financial assist-
ance to an eligible local educational agency described 
in paragraph (2) if, during the period between the 
end of the school year preceding the fiscal year for 
which the assistance is authorized and the beginning 
of the school year immediately preceding that school 
year, the local educational agency had (as determined 
by the Secretary of Defense in consultation with the 
Secretary of Education) an overall increase or reduc-
tion of— 
(A) not less than five percent in the average 
daily attendance of military dependent students 
in the schools of the local educational agency; or 
(B) not less than 250 military dependent 
students in average daily attendance in the 
schools of the local educational agency.
175 
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 
A local educational agency is eligible for assistance 
under this subsection for a fiscal year if — 
(A) the local educational agency is eligible 
for assistance under subsection (a) for the same 
fiscal year, or would have been eligible for such 
assistance if not for the reduction in military de-
pendent students in schools of the local edu-
cational agency; and 
(B) the overall increase or reduction in 
military dependent students in schools of the 
local educational agency is the result of the clo-
sure or realignment of military installations 
under the base closure process or the relocation 
of members of the Armed Forces and civilian em-
ployees of the Department of Defense as part of 
force structure changes or movements of units or 
personnel between military installations. 
(3) CALCULATION OF AMOUNT OF ASSISTANCE.— 
(A) PRO RATA DISTRIBUTION.—The amount 
of the assistance provided under this subsection 
to a local educational agency that is eligible for 
such assistance for a fiscal year shall be equal to 
the product obtained by multiplying—
176 
(i) the per-student rate determined 
under subparagraph (B) for that fiscal 
year; by 
(ii) the net of the overall increases and 
reductions in the number of military de-
pendent students in schools of the local edu-
cational agency, as determined under para-
graph (1). 
(B) PER-STUDENT RATE.—For purposes of 
subparagraph (A)(i), the per-student rate for a 
fiscal year shall be equal to the dollar amount 
obtained by dividing— 
(i) the total amount of funds made 
available for that fiscal year to provide as-
sistance under this subsection; by 
(ii) the sum of the overall increases 
and reductions in the number of military 
dependent students in schools of all eligible 
local educational agencies for that fiscal 
year under this subsection. 
(c) NOTIFICATION.—Not later than June 30, 2006, and 
June 30 of each fiscal year thereafter for which funds are 
made available to carry out this section, the Secretary of 
Defense shall notify each local educational agency that is
177 
eligible for assistance under this section for that fiscal year 
of— 
(1) the eligibility of the local educational agency 
for the assistance, including whether the agency is eli-
gible for assistance under either subsection (a) or (b) 
or both subsections; and 
(2) the amount of the assistance for which the 
local educational agency is eligible. 
(d) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse assistance made available under this 
section for a fiscal year not later than 30 days after the 
date on which notification to the eligible local educational 
agencies is provided pursuant to subsection (c) for that fis-
cal year. 
(e) FINDING FOR FISCAL YEAR 2006.—Of the amount 
authorized to be appropriated pursuant to section 301(5) 
for operation and maintenance for Defense-wide activi-
ties— 
(1) $50,000,000 shall be available only for the 
purpose of providing assistance to local educational 
agencies under subsection (a); and 
(2) $10,000,000 shall be available only for the 
purpose of providing assistance to local educational 
agencies under subsection (b). 
(f) DEFINITIONS.—In this section:
178 
(1) The term ‘‘base closure process’’ means the 
2005 base closure and realignment process authorized 
by Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) or any base closure and realign-
ment process conducted after the date of the enact-
ment of this Act under section 2687 of title 10, 
United States Code, or any other similar law enacted 
after that date. 
(2) The term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the El-
ementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)). 
(3) The term ‘‘military dependent students’’ re-
fers to— 
(A) elementary and secondary school stu-
dents who are dependents of members of the 
Armed Forces; and 
(B) elementary and secondary school stu-
dents who are dependents of civilian employees 
of the Department of Defense. 
(4) The term ‘‘State’’ means each of the 50 
States and the District of Columbia. 
(g) REPEAL OF FORMER AUTHORITY.—Section 386 of 
the National Defense Authorization Act for Fiscal Year
179 
1993 (Public Law 102–484; 20 U.S.C. 7703 note) is re-
pealed. The repeal of such section shall not affect the dis-
tribution of assistance to local educational agencies under 
section 559 of the Ronald W. Reagan National Defense Au-
thorization Act for Fiscal Year 2005 (Public Law 108–375; 
118 Stat. 1917) for fiscal year 2005. 
SEC. 563. CONTINUATION OF IMPACT AID ASSISTANCE ON 
BEHALF OF DEPENDENTS OF CERTAIN MEM-
BERS DESPITE CHANGE IN STATUS OF MEM-
BER. 
(a) SPECIAL RULE.—For purposes of computing the 
amount of a payment for an eligible local educational agen-
cy under subsection (a) of section 8003 of the Elementary 
and Secondary Education Act (20 U.S.C. 7703) for school 
year 2005–2006, the Secretary of Education shall continue 
to count as a child enrolled in a school of such agency under 
such subsection any child who— 
(1) would be counted under paragraph (1)(B) of 
such subsection to determine the number of children 
who were in average daily attendance in the school; 
but 
(2) due to the deployment of both parents or 
legal guardians of the child, the deployment of a par-
ent or legal guardian having sole custody of the child, 
or the death of a military parent or legal guardian
180 
while on active duty (so long as the child resides on 
Federal property (as defined in section 8013(5) of 
such Act (20 U.S.C. 7713(5))), is not eligible to be so 
counted. 
(b) TERMINATION.—The special rule provided under 
subsection (a) applies only so long as the children covered 
by such subsection remain in average daily attendance at 
a school in the same local educational agency they attended 
before their change in eligibility status. 
Subtitle H—Decorations and 
Awards 
SEC. 565. COLD WAR VICTORY MEDAL. 
(a) AUTHORITY.—Chapter 57 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 1134. Cold War Victory Medal 
‘‘(a) MEDAL AUTHORIZED.—The Secretary concerned 
shall issue a service medal, to be known as the ‘Cold War 
Victory Medal’, to persons eligible to receive the medal 
under subsection (b). The Cold War Victory Medal shall be 
of an appropriate design approved by the Secretary of De-
fense, with ribbons, lapel pins, and other appurtenances. 
‘‘(b) ELIGIBLE PERSONS.—The following persons are 
eligible to receive the Cold War Victory Medal: 
‘‘(1) A person who—
181 
‘‘(A) performed active duty or inactive duty 
training as an enlisted member during the Cold 
War; 
‘‘(B) completed the person’s initial term of 
enlistment or, if discharged before completion of 
such initial term of enlistment, was honorably 
discharged after completion of not less than 180 
days of service on active duty; and 
‘‘(C) has not received a discharge less favor-
able than an honorable discharge or a release 
from active duty with a characterization of serv-
ice less favorable than honorable. 
‘‘(2) A person who— 
‘‘(A) performed active duty or inactive duty 
training as a commissioned officer or warrant 
officer during the Cold War; 
‘‘(B) completed the person’s initial service 
obligation as an officer or, if discharged or sepa-
rated before completion of such initial service ob-
ligation, was honorably discharged after comple-
tion of not less than 180 days of service on active 
duty; and 
‘‘(C) has not been released from active duty 
with a characterization of service less favorable 
than honorable and has not received a discharge
182 
or separation less favorable than an honorable 
discharge. 
‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 
Cold War Victory Medal may be issued to any person. 
‘‘(d) ISSUANCE TO REPRESENTATIVE OF DECEASED.— 
If a person described in subsection (b) dies before being 
issued the Cold War Victory Medal, the medal shall be 
issued to the person’s representative, as designated by the 
Secretary concerned. 
‘‘(e) REPLACEMENT.—Under regulations prescribed by 
the Secretary concerned, a Cold War Victory Medal that 
is lost, destroyed, or rendered unfit for use without fault 
or neglect on the part of the person to whom it was issued 
may be replaced without charge. 
‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic-
tory Medal shall be issued upon receipt by the Secretary 
concerned of an application for such medal, submitted in 
accordance with such regulations as the Secretary pre-
scribes. 
‘‘(g) UNIFORM REGULATIONS.—The Secretary of De-
fense shall ensure that regulations prescribed by the Secre-
taries of the military departments under this section are 
uniform so far as is practicable.
183 
‘‘(h) DEFINITION.—In this section, the term ‘Cold War’ 
means the period beginning on September 2, 1945, and end-
ing at the end of December 26, 1991.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1134. Cold War Victory Medal.’’. 
SEC. 566. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 
(a) ARMY.— 
(1) IN
GENERAL.—Chapter 357 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 3757. Combat Medevac Badge 
‘‘(a) The Secretary of the Army shall issue a badge 
of appropriate design, to be known as the Combat Medevac 
Badge, to each person who while a member of the Army 
served in combat on or after June 25, 1950, as a pilot or 
crew member of a helicopter medical evacuation ambulance 
and who meets the requirements for the award of that badge. 
‘‘(b) The Secretary of the Army shall prescribe require-
ments for eligibility for the Combat Medevac Badge.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘3757. Combat Medevac Badge.’’. 
(b) NAVY AND MARINE CORPS.—
184 
(1) IN
GENERAL.—Chapter 567 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 6259. Combat Medevac Badge 
‘‘(a) The Secretary of the Navy shall issue a badge of 
appropriate design, to be known as the Combat Medevac 
Badge, to each person who while a member of the Navy or 
Marine Corps served in combat on or after June 25, 1950, 
as a pilot or crew member of a helicopter medical evacu-
ation ambulance and who meets the requirements for the 
award of that badge. 
‘‘(b) The Secretary of the Navy shall prescribe require-
ments for eligibility for the Combat Medevac Badge.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘6259. Combat Medevac Badge.’’. 
(c) AIR FORCE.— 
(1) IN
GENERAL.—Chapter 857 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 8757. Combat Medevac Badge 
‘‘(a) The Secretary of the Air Force shall issue a badge 
of appropriate design, to be known as the Combat Medevac 
Badge, to each person who while a member of the Air Force 
served in combat on or after June 25, 1950, as a pilot or
185 
crew member of a helicopter medical evacuation ambulance 
and who meets the requirements for the award of that badge. 
‘‘(b) The Secretary of the Air Force shall prescribe re-
quirements for eligibility for the Combat Medevac Badge.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘8757. Combat Medevac Badge.’’. 
(d) AWARD FOR SERVICE BEFORE DATE OF ENACT-
MENT.—In the case of persons who, while a member of the 
Armed Forces, served in combat as a pilot or crew member 
of a helicopter medical evacuation ambulance during the 
period beginning on June 25, 1950, and ending on the date 
of enactment of this Act, the Secretary of the military de-
partment concerned shall issue the Combat Medevac 
Badge— 
(1) to each such person who is known to the Sec-
retary before the date of enactment of this Act; and 
(2) to each such person with respect to whom an 
application for the issuance of the badge is made to 
the Secretary after such date in such manner, and 
within such time period, as the Secretary may re-
quire.
186 
SEC. 567. ELIGIBILITY FOR OPERATION ENDURING FREE-
DOM CAMPAIGN MEDAL. 
For purposes of eligibility for the campaign medal for 
Operation Enduring Freedom established pursuant to Pub-
lic Law 108–234 (10 U.S.C. 1121 note), the beginning date 
of Operation Enduring Freedom is September 11, 2001. 
Subtitle I—Other Matters 
SEC. 571. EXTENSION OF WAIVER AUTHORITY OF SEC-
RETARY OF EDUCATION WITH RESPECT TO 
STUDENT FINANCIAL ASSISTANCE DURING A 
WAR OR OTHER MILITARY OPERATION OR NA-
TIONAL EMERGENCY. 
Section 6 of the Higher Education Relief Opportuni-
ties for Students Act of 2003 (20 U.S.C. 1070 note) is 
amended by striking ‘‘September 30, 2005’’ and inserting 
‘‘September 30, 2007’’. 
SEC. 572. ADOPTION LEAVE FOR MEMBERS OF THE ARMED 
FORCES ADOPTING CHILDREN. 
(a) AUTHORITY.—Section 701 of title 10, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(i)(1) Under regulations prescribed by the Secretary 
of Defense, a member of the armed forces adopting a child 
in a qualifying child adoption is allowed up to 21 days 
of leave in a calendar year to be used in connection with 
the adoption.
187 
‘‘(2) For the purpose of this subsection, an adoption 
of a child by a member is a qualifying child adoption if 
the member is eligible for reimbursement of qualified adop-
tion expenses for such adoption under section 1052 of this 
title. 
‘‘(3) In the event that two members of the armed forces 
who are spouses of each other adopt a child in a qualifying 
child adoption, only one such member shall be allowed leave 
under this subsection. Those members shall elect which of 
them shall be allowed such leave. 
‘‘(4) Leave under paragraph (1) is in addition to other 
leave provided under other provisions of this section.’’. 
(b) EFFECTIVE DATE.—Subsection (i) of section 701 
of title 10, United States Code (as added by subsection (a)), 
shall take effect on October 1, 2005. 
SEC. 573. REPORT ON NEED FOR A PERSONNEL PLAN FOR 
LINGUISTS IN THE ARMED FORCES. 
(a) NEED ASSESSMENT.—The Secretary of Defense 
shall review the career tracks of members of the Armed 
Forces who are linguists in an effort to improve the man-
agement of linguists (in enlisted grades or officer grades, 
or both) and to assist them in reaching their full linguistic 
and analytical potential over a 20-year career. As part of 
such review, the Secretary shall assess the need for a com-
prehensive plan to better manage the careers of military
188 
linguists (in enlisted grades or officer grades, or both) and 
to ensure that such linguists have an opportunity to 
progress in grade and are provided opportunities to en-
hance their language and cultural skills. As part of the re-
view, the Secretary shall consider personnel management 
methods such as enhanced bonuses, immersion opportuni-
ties, specialized career fields, establishment of a dedicated 
career path for linguists, and career monitoring to ensure 
career progress for linguists serving in duty assignments 
that are not linguist related. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the review and 
assessment conducted under subsection (a). The report shall 
include the findings, results, and conclusions of the Sec-
retary’s review and assessment of the careers of officer and 
enlisted linguists in the Armed Forces and the need for a 
comprehensive plan to ensure effective career management 
of linguists. 
SEC. 574. GROUND COMBAT AND OTHER EXCLUSION POLI-
CIES. 
(a) IN GENERAL.—
189 
(1) CODIFICATION.—Chapter 37 of title 10, 
United States Code, is amended by inserting after sec-
tion 651 the following new section: 
‘‘§ 652. Assignment eligibility; direct ground combat 
and other exclusions applicable to female 
members 
‘‘(a) GENERAL RULE.—A member of the armed forces 
is eligible to be assigned to all positions for which qualified, 
except that female members of the armed forces shall be ex-
cluded from assignment to units below brigade level the pri-
mary mission of which is to engage in direct ground com-
bat. 
‘‘(b) ADDITIONAL RESTRICTIONS.—In addition to the 
limitation under subsection (a), female members of the 
armed forces may be excluded from assignment to a unit, 
or a position, as follows: 
‘‘(1) Where the Secretary concerned determines 
that the costs of appropriate berthing and privacy ar-
rangements would be prohibitive. 
‘‘(2) Where the unit, or the position, is doc-
trinally required to physically collocate and remain 
with a direct ground combat unit to which female 
members may not be assigned.
190 
‘‘(3) Where the unit is engaged in long-range re-
connaissance operations or Special Operations Forces 
missions. 
‘‘(4) Where job-related physical requirements 
would necessarily exclude the vast majority of female 
members. 
‘‘(c) CLOSURE OF OCCUPATIONAL SPECIALTIES.— 
‘‘(1) Any military career designator related to 
military operations on the ground that is covered by 
paragraph (2) and that as of May 18, 2005, is closed 
(in whole or in part) to the assignment of female 
members shall remain closed (in the same manner) to 
the assignment of female members. 
‘‘(2) Paragraph (1) applies— 
‘‘(A) for enlisted members and warrant offi-
cers, to military occupational specialties, spe-
cialty codes, enlisted designators, additional skill 
identifiers, and special qualification identifiers; 
and 
‘‘(B) for officers (other than warrant offi-
cers), to officer areas of concentration, occupa-
tional specialties, specialty codes, designators, 
additional skill identifiers, and special qualifica-
tion identifiers.
191 
‘‘(d) NOTICE TO CONGRESS OF PROPOSED CHANGES 
IN UNITS, ASSIGNMENTS, ETC. TO WHICH FEMALE MEM-
BERS MAY BE ASSIGNED.— 
‘‘(1) NOTICE.—Except in a case covered by sec-
tion 6035 of this title, whenever the Secretary of De-
fense or the Secretary of a military department pro-
poses to make a change to military personnel policies 
described in paragraph (2), the Secretary shall, not 
less than 30 days before such change is implemented, 
submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the 
House of Representatives notice, in writing, of the 
proposed change. 
‘‘(2) COVERED PERSONNEL POLICY CHANGES.— 
Paragraph (1) applies to a proposed military per-
sonnel policy change that would make available to fe-
male members of the armed forces assignment to any 
of the following that, as of the date of the proposed 
change, is closed to such assignment: 
‘‘(A) Any type of existing or new unit, posi-
tion, or other assignment (other than an assign-
ment covered by the exclusions required by sub-
sections (a) and (c)). 
‘‘(B) Any class of combat vessel. 
‘‘(C) Any type of combat platform.
192 
‘‘(e) DIRECT GROUND COMBAT DEFINED.—In this sec-
tion, the term ‘direct ground combat’ means engaging an 
enemy on the ground with individual or crew-served weap-
ons, while being exposed to hostile fire and to a high prob-
ability of direct physical contact with personnel of the hos-
tile force, and when well forward on the battlefield while 
locating and closing with the enemy to defeat them by fire, 
maneuver, or shock effect.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 651 the fol-
lowing new item: 
‘‘652. Assignment eligibility; direct ground combat and other exclusions applicable 
to female members.’’. 
(b) REPORT ON POSITIONS OPENED TO FEMALE MEM-
BERS SINCE JULY 1994.— 
(1) REPORT.—Not later than March 30, 2006, 
the Secretary of Defense shall submit to Congress a 
detailed report of all units, positions, military occu-
pational specialties, career fields, and other assign-
ments that— 
(A) were reported to Congress on July 28, 
1994, as being closed to the assignment of female 
members of the Armed Forces; and 
(B) have since that date been opened to the 
assignment of female members.
193 
(2) MATTERS
TO
BE
INCLUDED.—The report 
under paragraph (1) shall include the following: 
(A) A detailed description of, and justifica-
tion for, each of the changes identified under that 
paragraph. 
(B) For any unit or position that was re-
ported closed to the assignment of female mem-
bers as described in subparagraph (A) of para-
graph (1) that no longer exists in the service in-
ventory, identification of the successor unit per-
forming the function and whether that successor 
unit is open or closed to the assignment of female 
members. 
(c) LIST OF UNITS, POSITIONS, ETC., CLOSED TO FE-
MALE MEMBERS.—At the same time the report under sub-
section (b) is submitted to Congress, the Secretary of Defense 
shall submit to Congress a report providing— 
(1) a list of the military career designators cov-
ered by paragraph (2) of section 652(c) of title 10, 
United States Code (as added by subsection (a)(1)), 
that were closed (in whole or in part) to the assign-
ment of female members of the Armed Forces as of 
May 18, 2005, and that, pursuant to paragraph (1) 
of that section, are required to remain closed to the
194 
assignment of female members of the Armed Forces; 
and 
(2) for each such military career designator— 
(A) specification of whether that designator 
is closed to the assignment of female members in 
whole or in part; and 
(B) the numbers of positions that are closed 
to the assignment of female members. 
(d) CONFORMING REPEAL.—Section 542 of the Na-
tional Defense Authorization Act for Fiscal Year 1994 (10 
U.S.C. 113 note) is repealed. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 2006. 
Sec. 602. Additional pay for permanent military professors at United States 
Naval Academy with over 36 years of service. 
Sec. 603. Basic pay rates for reserve component members selected to attend mili-
tary service academy preparatory schools. 
Sec. 604. Clarification of restriction on compensation for correspondence courses. 
Sec. 605. Permanent authority for supplemental subsistence allowance for low-in-
come members with dependents. 
Sec. 606. Basic allowance for housing for Reserve members. 
Sec. 607. Overseas cost of living allowance. 
Sec. 608. Income replacement payments for Reserves experiencing extended and 
frequent mobilization for active duty service. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension or resumption of certain bonus and special pay authorities 
for reserve forces. 
Sec. 612. Extension of certain bonus and special pay authorities for certain 
health care professionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. One-year extension of other bonus and special pay authorities. 
Sec. 615. Expansion of eligibility of dental officers for additional special pay. 
Sec. 616. Increase in maximum monthly rate authorized for hardship duty pay. 
Sec. 617. Flexible payment of assignment incentive pay.
195 
Sec. 618. Active-duty reenlistment bonus. 
Sec. 619. Reenlistment bonus for members of Selected Reserve. 
Sec. 620. Combination of affiliation and accession bonuses for service in the Se-
lected Reserve. 
Sec. 621. Eligibility requirements for prior service enlistment bonus. 
Sec. 622. Increase in authorized maximum amount of enlistment bonus. 
Sec. 623. Discretion of Secretary of Defense to authorize retroactive hostile fire 
and imminent danger pay. 
Sec. 624. Increase in maximum bonus amount for nuclear-qualified officers ex-
tending period of active duty. 
Sec. 625. Increase in maximum amount of nuclear career annual incentive bonus 
for nuclear-qualified officers trained while serving as enlisted 
members. 
Sec. 626. Uniform payment of foreign language proficiency pay to eligible reserve 
component members and regular component members. 
Sec. 627. Retention bonus for members qualified in certain critical skills or satis-
fying other eligibility criteria. 
Sec. 628. Availability of critical-skills accession bonus for persons enrolled in 
Senior Reserve Officers’ Training Corps who are obtaining nurs-
ing degrees. 
Subtitle C—Travel and Transportation Allowances 
Sec. 641. Authorized absences of members for which lodging expenses at tem-
porary duty location may be paid. 
Sec. 642. Extended period for selection of home for travel and transportation al-
lowances for dependents of deceased member. 
Sec. 643. Transportation of family members incident to repatriation of members 
held captive. 
Sec. 644. Increased weight allowances for shipment of household goods of senior 
noncommissioned officers. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 651. Monthly disbursement to States of State income tax withheld from re-
tired or retainer pay. 
Sec. 652. Revision to eligibility for nonregular service retirement after estab-
lishing eligibility for regular retirement. 
Sec. 653. Denial of military funeral honors in certain cases. 
Sec. 654. Child support for certain minor children of retirement-eligible members 
convicted of domestic violence resulting in death of child’s other 
parent. 
Sec. 655. Concurrent receipt of veterans disability compensation and military re-
tired pay. 
Sec. 656. Military Survivor Benefit Plan beneficiaries under insurable interest 
coverage. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
Sec. 661. Increase in authorized level of supplies and services procurement from 
overseas exchange stores. 
Sec. 662. Requirements for private operation of commissary store functions. 
Sec. 663. Provision of information technology services for accommodations pro-
vided by nonappropriated fund instrumentalities for wounded 
members of the Armed Forces and their families.
196 
Sec. 664. Provision of and payment for overseas transportation services for com-
missary and exchange supplies. 
Sec. 665. Compensatory time off for certain nonappropriated fund employees. 
Subtitle F—Other Matters 
Sec. 671. Inclusion of Senior Enlisted Advisor for the Chairman of the Joint 
Chiefs of Staff among senior enlisted members of the Armed 
Forces. 
Sec. 672. Special and incentive pays considered for saved pay upon appointment 
of members as officers. 
Sec. 673. Repayment of unearned portion of bonuses, special pays, and edu-
cational benefits. 
Sec. 674. Leave accrual for members assigned to deployable ships or mobile units 
or to other designated duty. 
Sec. 675. Army recruiting pilot program to encourage members of the Army to 
refer other persons for enlistment. 
Sec. 676. Special compensation for reserve component members who are also to-
bacco farmers adversely affected by terms of tobacco quota 
buyout. 
Subtitle A—Pay and Allowances 
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2006 re-
quired by section 1009 of title 37, United States Code, in 
the rates of monthly basic pay authorized members of the 
uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2006, the rates of monthly basic pay for members of the 
uniformed services are increased by 3.1 percent. 
SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY 
PROFESSORS 
AT 
UNITED 
STATES 
NAVAL 
ACADEMY WITH OVER 36 YEARS OF SERVICE. 
Section 203(b) of title 37, United States Code, is 
amended by inserting after ‘‘Military Academy’’ the fol-
lowing: ‘‘, the United States Naval Academy,’’.
197 
SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT 
MEMBERS SELECTED TO ATTEND MILITARY 
SERVICE ACADEMY PREPARATORY SCHOOLS. 
(a) PAY EQUITY FOR RESERVES.—Section 203(e)(2) 
of title 37, United States Code, is amended— 
(1) by striking ‘‘on active duty for a period of 
more than 30 days shall continue to receive’’ and in-
serting ‘‘shall receive’’; and 
(2) by inserting before the period at the end the 
following: ‘‘or at the rate provided for cadets and 
midshipmen under subsection (c), whichever is great-
er’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the first day of the first 
month beginning on or after the date of the enactment of 
this Act. 
SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSA-
TION FOR CORRESPONDENCE COURSES. 
Section 206(d)(1) of title 37, United States Code, is 
amended by inserting after ‘‘reserve component’’ the fol-
lowing: ‘‘or by a member of the National Guard while not 
in Federal service’’.
198 
SEC. 605. PERMANENT AUTHORITY FOR SUPPLEMENTAL 
SUBSISTENCE ALLOWANCE FOR LOW-INCOME 
MEMBERS WITH DEPENDENTS. 
(a) REPEAL OF TERMINATION PROVISION.—Section 
402a of title 37, United States Code, is amended by striking 
subsection (i). 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Subsection (f) of such section is amended— 
(1) in the first sentence, by striking ‘‘Secretary 
of Transportation’’ and inserting ‘‘Secretary of 
Homeland Security, with respect to the Coast 
Guard’’; and 
(2) by striking the second sentence. 
SEC. 606. BASIC ALLOWANCE FOR HOUSING FOR RESERVE 
MEMBERS. 
(a) EQUAL TREATMENT OF RESERVE MEMBERS.— 
Subsection (g) of section 403 of title 37, United States Code, 
is amended—— 
(1) by redesignating paragraph (3) as para-
graph (4); 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) The rate of basic allowance for housing to 
be paid to the following members of a reserve compo-
nent shall be equal to the rate in effect for similarly
199 
situated members of a regular component of the uni-
formed services: 
‘‘(A) A member who is called or ordered to 
active duty for a period of more than 30 days. 
‘‘(B) A member who is called or ordered to 
active duty for a period of 30 days or less in 
support of a contingency operation.’’; and 
(3) in paragraph (4), as so redesignated, by 
striking ‘‘less than 140 days’’ and inserting ‘‘30 days 
or less’’. 
(b) CONFORMING AMENDMENT REGARDING MEMBERS 
WITHOUT DEPENDENTS.—Paragraph (1) of such subsection 
is amended by inserting ‘‘or for a period of more than 30 
days’’ after ‘‘in support of a contingency operation’’ both 
places it appears. 
SEC. 607. OVERSEAS COST OF LIVING ALLOWANCE. 
(a) PAYMENT OF ALLOWANCE BASED ON OVERSEAS 
LOCATION
OF DEPENDENTS.—Section 405 of title 37, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(e) PAYMENT OF ALLOWANCE BASED ON OVERSEAS 
LOCATION OF DEPENDENTS.—In the case of a member as-
signed to duty inside the continental United States whose 
dependents continue to reside outside of the continental 
United States, the Secretary concerned may pay the mem-
200 
ber a per diem under this section based on the location of 
the dependents and provide reimbursement under subsection 
(d) for an unusual or extraordinary expense incurred by 
the dependents if the Secretary determines that such pay-
ment or reimbursement is in the best interest of the member 
or the member’s dependents and in the best interest of the 
United States.’’. 
(b) CLARIFICATION
OF EXPENSES ELIGIBLE
FOR 
LUMP-SUM REIMBURSEMENT.—Subsection (d) of such sec-
tion, as added by section 605 of the Ronald W. Reagan Na-
tional Defense Authorization Act for Fiscal Year 2005 (Pub-
lic Law 108–375; 118 Stat. 1945), is further amended— 
(1) in the subsection heading, by striking ‘‘NON-
RECURRING’’ and inserting ‘‘UNUSUAL OR EXTRAOR-
DINARY’’; 
(2) by inserting ‘‘or (e)’’ after ‘‘subsection (a)’’ 
each place it appears; and 
(3) in paragraph (1)— 
(A) by striking ‘‘a nonrecurring’’ and in-
serting ‘‘an unusual or extraordinary’’ in the 
matter preceding subparagraph (A); and 
(B) in subparagraph (A), by inserting ‘‘or 
the location of the member’s dependents’’ before 
the semicolon.
201 
SEC. 608. INCOME REPLACEMENT PAYMENTS FOR RE-
SERVES EXPERIENCING EXTENDED AND FRE-
QUENT MOBILIZATION FOR ACTIVE DUTY 
SERVICE. 
(a) IN GENERAL.—Chapter 19 of title 37, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 910. Replacement of lost income: involuntarily mo-
bilized reserve component members sub-
ject to extended and frequent active duty 
service 
‘‘(a) PAYMENT REQUIRED.—The Secretary concerned 
shall pay to an eligible member of a reserve component of 
the armed forces an amount equal to the monthly active- 
duty income differential of the member, as determined by 
the Secretary. The payments shall be made on a monthly 
basis. 
‘‘(b) ELIGIBILITY.—Subject to subsection (c), a reserve 
component member is entitled to a payment under this sec-
tion for any full month of active duty of the member, while 
on active duty under an involuntary mobilization order, 
following the date on which the member— 
‘‘(1) completes 18 continuous months of service 
on active duty under such an order; 
‘‘(2) completes 24 months on active duty during 
the previous 60 months under such an order; or
202 
‘‘(3) is involuntarily mobilized for service on ac-
tive duty six months or less following the member’s 
separation from the member’s previous period of ac-
tive duty. 
‘‘(c) MINIMUM AND MAXIMUM PAYMENT AMOUNTS.— 
(1) A payment under this section shall be made to a member 
for a month only if the amount of the monthly active-duty 
income differential for the month is greater than $50. 
‘‘(2) Notwithstanding the amount determined under 
subsection (d) for a member for a month, the monthly pay-
ment to a member under this section may not exceed $3,000. 
‘‘(d) MONTHLY
ACTIVE-DUTY
INCOME
DIFFEREN-
TIAL.—For purposes of this section, the monthly active-duty 
income differential of a member is the difference between— 
‘‘(1) the average monthly civilian income of the 
member; and 
‘‘(2) the member’s total monthly military com-
pensation. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘average monthly civilian income’, 
with respect to a member of a reserve component, 
means the amount, determined by the Secretary con-
cerned, of the earned income of the member for either 
the 12 months preceding the member’s mobilization or
203 
the 12 months covered by the member’s most recent 
Federal income tax filing, divided by 12. 
‘‘(2) The term ‘total monthly military compensa-
tion’ means the amount, computed on a monthly 
basis, of the sum of— 
‘‘(A) the amount of the regular military 
compensation (RMC) of the member; and 
‘‘(B) any amount of special pay or incen-
tive pay and any allowance (other than an al-
lowance included in regular military compensa-
tion) that is paid to the member on a monthly 
basis.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘910. Replacement of lost income: involuntarily mobilized reserve component 
members subject to extended and frequent active duty service.’’. 
(c) EFFECTIVE DATE.—Section 910 of title 37, United 
States Code, as added by subsection (a), shall apply for 
months after December 2005. 
(d) LIMITATION
ON FISCAL YEAR 2006 OBLIGA-
TIONS.—During fiscal year 2006, obligations incurred 
under section 910 of title 37, United States Code, to provide 
income replacement payments to involuntarily mobilized 
members of a reserve component who are subject to extended
204 
and frequent active duty service may not exceed 
$60,000,000. 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. EXTENSION OR RESUMPTION OF CERTAIN BONUS 
AND SPECIAL PAY AUTHORITIES FOR RE-
SERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.— 
Section 308b(g) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2005’’ and inserting ‘‘December 
31, 2006’’. 
(b) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED 
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 
such title is amended by striking ‘‘December 31, 2005’’ and 
inserting ‘‘December 31, 2006’’. 
(c) READY RESERVE ENLISTMENT BONUS FOR PER-
SONS WITHOUT PRIOR SERVICE.—Section 308g(h) of such 
title is amended by striking ‘‘September 30, 1992’’ and in-
serting ‘‘December 31, 2006’’. 
(d) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec-
tion 308h(g) of such title is amended by striking ‘‘December 
31, 2005’’ and inserting ‘‘December 31, 2006’’. 
(e) SELECTED RESERVE ENLISTMENT BONUS
FOR 
PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such
205 
title is amended by striking ‘‘December 31, 2005’’ and in-
serting ‘‘December 31, 2006’’. 
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR CERTAIN HEALTH 
CARE PROFESSIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code, 
is amended by striking ‘‘December 31, 2005’’ and inserting 
‘‘December 31, 2006’’. 
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN 
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED 
RESERVE.—Section 16302(d) of such title is amended by 
striking ‘‘January 1, 2006’’ and inserting ‘‘January 1, 
2007’’. 
(c) ACCESSION BONUS FOR REGISTERED NURSES.— 
Section 302d(a)(1) of title 37, United States Code, is 
amended by striking ‘‘December 31, 2005’’ and inserting 
‘‘December 31, 2006’’. 
(d) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of such title is amended by 
striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 
2006’’. 
(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH 
PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
206 
TIES.—Section 302g(f) of such title is amended by striking 
‘‘December 31, 2005’’ and inserting ‘‘December 31, 2006’’. 
(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec-
tion 302h(a)(1) of such title is amended by striking ‘‘De-
cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 
(g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 
Section 302j(a) of such title is amended by striking ‘‘De-
cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU-
THORITIES FOR NUCLEAR OFFICERS. 
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS 
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e) 
of title 37, United States Code, is amended by striking ‘‘De-
cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 
312b(c) of such title is amended by striking ‘‘December 31, 
2005’’ and inserting ‘‘December 31, 2006’’. 
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 
Section 312c(d) of such title is amended by striking ‘‘De-
cember 31, 2005’’ and inserting ‘‘December 31, 2006’’. 
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND 
SPECIAL PAY AUTHORITIES. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 
301b(a) of title 37, United States Code, is amended by strik-
207 
ing ‘‘December 31, 2005’’ and inserting ‘‘December 31, 
2006’’. 
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of 
such title is amended by striking ‘‘December 31, 2006’’ and 
inserting ‘‘December 31, 2007’’. 
(c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.— 
Section 308(g) of such title is amended by striking ‘‘Decem-
ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 
(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.— 
Section 309(e) of such title is amended by striking ‘‘Decem-
ber 31, 2005’’ and inserting ‘‘December 31, 2006’’. 
(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL 
MILITARY SKILLS.—Section 323(i) of such title is amended 
by striking ‘‘December 31, 2005’’ and inserting ‘‘December 
31, 2006’’. 
(f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT-
ICAL SKILLS.—Section 324(g) of such title is amended by 
striking ‘‘December 31, 2005’’ and inserting ‘‘December 31, 
2006’’. 
SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFI-
CERS FOR ADDITIONAL SPECIAL PAY. 
(a) REPEAL OF INTERNSHIP AND RESIDENCY EXCEP-
TION.—Section 302b(a)(4) of title 37, United States Code, 
is amended by striking the first sentence and inserting the 
following new sentence: ‘‘An officer who is entitled to vari-
208 
able special pay under paragraph (2) or (3) is also entitled 
to additional special pay for any 12-month period during 
which an agreement executed under subsection (b) is in ef-
fect with respect to the officer.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2005. 
SEC. 616. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR-
IZED FOR HARDSHIP DUTY PAY. 
(a) INCREASE.—Section 305(a) of title 37, United 
States Code, is amended by striking ‘‘$300’’ and inserting 
‘‘$750’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2005. 
SEC. 617. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE 
PAY. 
(a) AUTHORITY TO PROVIDE LUMP SUM OR INSTALL-
MENT PAYMENTS.—Section 307a of title 37, United States 
Code, is amended— 
(1) in subsection (a), by striking ‘‘monthly’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before the first sen-
tence; 
(B) in the second sentence, by striking 
‘‘and, subject to subsection (c), the monthly rate 
of the incentive pay.’’ and inserting ‘‘, the total
209 
or monthly amount to be paid under the agree-
ment, and whether the incentive pay will be pro-
vided on a monthly basis, in a lump sum, or in 
installments other than monthly.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) The Secretary concerned and a member may agree 
to extend an existing agreement under this section to cover 
an additional period of service in a designated assign-
ment.’’; and 
(3) in subsection (c), by adding at the end the 
following new sentences: ‘‘The maximum amount of a 
lump sum payment under an agreement under this 
section may not exceed the product of the maximum 
monthly rate and the number of months covered by 
the agreement. Installment payments shall be cal-
culated using the same formula for the months covered 
by the installment.’’. 
(b) REPAYMENT OF INCENTIVE PAY.—Such section is 
further amended— 
(1) by redesignating subsection (f), as amended 
by section 614(b), as subsection (g); and 
(2) by inserting after subsection (e) the following 
new subsection (f):
210 
‘‘(f) REPAYMENT.—A member who enters into an 
agreement under this section and receives incentive pay 
under the agreement in a lump sum or installments, but 
who fails to complete the period of service covered by the 
payment, whether voluntarily or because of misconduct, 
shall be subject to the repayment provisions of section 
303a(e) of this title.’’. 
SEC. 618. ACTIVE-DUTY REENLISTMENT BONUS. 
(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.— 
Subsection (a) of section 308 of title 37, United States Code, 
is amended— 
(1) in paragraph (1)(A), by striking ‘‘16 years 
of active duty’’ and inserting ‘‘20 years of active 
duty’’; and 
(2) in paragraph (3), by striking ‘‘18 years’’ and 
inserting ‘‘24 years’’. 
(b) INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF 
BONUS.—Paragraph (2)(B) of such subsection is amended 
by striking ‘‘$60,000’’ and inserting ‘‘$90,000’’. 
(c) REPEAL OF REFERENCE TO OBSOLETE SPECIAL 
PAY.—Paragraph (1) of such subsection is amended— 
(1) by inserting ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking subparagraph (C); and
211 
(3) by redesignating subparagraph (D) as sub-
paragraph (C). 
(d) AUTHORITY
TO WAIVE ELIGIBILITY REQUIRE-
MENTS.—Such subsection is further amended by striking 
paragraph (5) and inserting the following new paragraph: 
‘‘(5) In time of war or national emergency, the Sec-
retary concerned may waive all or a part of the eligibility 
requirements specified in paragraph (1) for the payment 
of a bonus under this section.’’. 
(e) REPEAL OF OBSOLETE SPECIAL PAY.— 
(1) REPEAL.—Section 312a of title 37, United 
States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 5 of such title is 
amended by striking the item relating to section 312a. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2005. 
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF SE-
LECTED RESERVE. 
(a) ELIGIBILITY OF SENIOR ENLISTED MEMBERS.— 
Subsection (a)(1) of section 308b of title 37, United States 
Code, is amended by striking ‘‘16 years of total military 
service’’ and inserting ‘‘20 years of total military service’’.
212 
(b) COMPUTATION OF BONUS AMOUNT.—Subsection 
(b) of such section is amended by adding at the end the 
following new paragraph: 
‘‘(3) Any portion of a term of reenlistment or extension 
of enlistment of a member that, when added to the total 
years of service of the member at the time of discharge or 
release, exceeds 24 years may not be used in computing the 
total bonus amount under paragraph (1).’’. 
(c) AUTHORITY
TO WAIVE ELIGIBILITY REQUIRE-
MENTS.—Subsection (c)(2) of such section is amended by 
striking ‘‘In the case’’ and all that follows through ‘‘the Sec-
retary’’ and inserting ‘‘In time of war or national emer-
gency, the Secretary’’. 
SEC. 620. COMBINATION OF AFFILIATION AND ACCESSION 
BONUSES FOR SERVICE IN THE SELECTED 
RESERVE. 
(a) BONUSES AUTHORIZED.—Section 308c of title 37, 
United States Code, is amended to read as follows: 
‘‘§ 308c. Special pay: bonus for affiliation or enlist-
ment in the Select Reserve 
‘‘(a) AFFILIATION BONUS AUTHORIZED.—(1) The Sec-
retary concerned may pay an affiliation bonus to an en-
listed member of an armed force who— 
‘‘(A) has completed fewer than 20 total years of 
military service; and
213 
‘‘(B) executes a written agreement with the Sec-
retary to serve in the Selected Reserve, after being dis-
charged or released from active duty, for a period of 
not less than three years in a skill, unit, or pay grade 
designated under paragraph (2). 
‘‘(2) The Secretary concerned shall designate the crit-
ical skills, units, and pay grades for which an affiliation 
bonus is available under this subsection. 
‘‘(b) ACCESSION BONUS AUTHORIZED.—The Secretary 
concerned may pay an accession bonus to a person who— 
‘‘(1) has not previously served in the armed 
forces; and 
‘‘(2) executes a written agreement to serve as an 
enlisted member in the Selected Reserve for a period 
of not less than three years. 
‘‘(c) LIMITATION
ON
AMOUNT
OF
BONUS.—The 
amount of a bonus under subsection (a) or (b) may not 
exceed $15,000. 
‘‘(d) PAYMENT METHOD.—Upon acceptance of a writ-
ten agreement by the Secretary concerned under subsection 
(a) or (b), the total amount of the bonus payable under the 
agreement becomes fixed. The agreement shall specify wheth-
er the bonus will be paid by the Secretary in a lump sum 
or in installments.
214 
‘‘(e) PAYMENT TO MOBILIZED MEMBERS.—A member 
of the Selected Reserve entitled to a bonus under this section 
who is called or ordered to active duty shall be paid, during 
that period of active duty, any amount of the bonus that 
becomes payable to the member during that period of active 
duty. 
‘‘(f) REPAYMENT.—A person who enters into an agree-
ment under subsection (a) or (b) and receives all or part 
of the bonus under the agreement, but who does not com-
mence to serve in the Selected Reserve or does not satisfac-
torily participate in the Selected Reserve for the total period 
of service specified in the agreement, shall be subject to the 
repayment provisions of section 303a(e) of this title. 
‘‘(g) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by the Secretary of De-
fense for the armed forces under the jurisdiction of the Sec-
retary of Defense and by the Secretary of Homeland Secu-
rity for the Coast Guard when it is not operating as a serv-
ice in the Navy. 
‘‘(h) TERMINATION OF BONUS AUTHORITY.—No bonus 
may be paid under this section with respect to any agree-
ment under subsection (a) or (b) entered into after Decem-
ber 31, 2006.’’. 
(b) REPEAL
OF SEPARATE RESERVE AFFILIATION 
BONUS.—Section 308e of such title is repealed.
215 
(c) CLERICAL AMENDMENTS.—The table of sections at 
the beginning of chapter 5 of such title is amended— 
(1) by striking the item relating to section 308c 
and inserting the following new item: 
‘‘308c. Special pay: bonus for affiliation or enlistment the Select Reserve.’’ 
(2) by striking the item relating to section 308e. 
(d) LIMITATION
ON FISCAL YEAR 2006 OBLIGA-
TIONS.—During fiscal year 2006, obligations incurred 
under section 308c of title 37, United States Code, to pro-
vide bonuses for affiliation or enlistment in the Select Re-
serve using the expanded authority provided by the amend-
ment made by subsection (a) may not exceed $30,000,000. 
The bonus authority available under such section shall not 
be considered to be an expanded authority to the extent that 
the authority was available under section 308e of such title, 
before the repeal of such section by subsection (b). 
SEC. 621. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE 
ENLISTMENT BONUS. 
Section 308i(a)(2) of title 37, United States Code, is 
amended by striking subparagraph (A) and inserting the 
following new subparagraph: 
‘‘(A) The person has not more than 16 years of 
total military service and received an honorable dis-
charge at the conclusion of all prior periods of serv-
ice.’’.
216 
SEC. 622. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF 
ENLISTMENT BONUS. 
(a) INCREASE.—Section 309(a) of title 37, United 
States Code, is amended by striking ‘‘$20,000’’ and insert-
ing ‘‘$30,000’’. 
(b) LIMITATION
ON FISCAL YEAR 2006 OBLIGA-
TIONS.—During fiscal year 2006, obligations incurred 
under section 309 of title 37, United States Code, to provide 
enlistment bonuses in the increased amounts authorized by 
the amendment made by subsection (a) may not exceed 
$30,000,000. 
SEC. 623. DISCRETION OF SECRETARY OF DEFENSE TO AU-
THORIZE RETROACTIVE HOSTILE FIRE AND 
IMMINENT DANGER PAY. 
Section 310(c) of title 37, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; and 
(2) by inserting before paragraph (2), as so re-
designated, the following new paragraph (1): 
‘‘(1) In the case of an area described in subparagraph 
(B) or (D) of subsection (a)(2), the Secretary of Defense 
shall be responsible for designating the period during which 
duty in the area will qualify members for special pay under 
this section. The effective date designated for the commence-
ment of such a period may be a date occurring before, on,
217 
or after the actual date on which the Secretary makes the 
designation. If the commencement date for such a period 
is a date occurring before the date on which the Secretary 
makes the designation, the payment of special pay under 
this section for the period between the commencement date 
and the date on which the Secretary made the designation 
shall be subject to the availability of appropriated funds 
for that purpose.’’. 
SEC. 624. INCREASE IN MAXIMUM BONUS AMOUNT FOR NU-
CLEAR-QUALIFIED OFFICERS EXTENDING PE-
RIOD OF ACTIVE DUTY. 
Section 312(a) of title 37, United States Code, is 
amended by striking ‘‘$25,000’’ and inserting ‘‘$30,000’’. 
SEC. 625. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CA-
REER ANNUAL INCENTIVE BONUS FOR NU-
CLEAR-QUALIFIED OFFICERS TRAINED WHILE 
SERVING AS ENLISTED MEMBERS. 
Section 312c(b)(1) of title 37, United States Code, is 
amended by striking ‘‘$10,000’’ and inserting ‘‘14,000’’.
218 
SEC. 626. UNIFORM PAYMENT OF FOREIGN LANGUAGE PRO-
FICIENCY PAY TO ELIGIBLE RESERVE COMPO-
NENT MEMBERS AND REGULAR COMPONENT 
MEMBERS. 
(a) AVAILABILITY OF BONUS IN LIEU OF MONTHLY 
SPECIAL PAY.—Subsection (a) of section 316 of title 37, 
United States Code, is amended— 
(1) by striking ‘‘monthly special pay’’ and in-
serting ‘‘a bonus’’; and 
(2) by striking ‘‘is entitled to basic pay under 
section 204 of this title and who’’. 
(b) PAYMENT
OF BONUS.—Such section is further 
amended— 
(1) by striking subsections (b), (d), (e), and (g); 
(2) by redesignating subsections (f) and (h) as 
subsections (d) and (f) respectively; 
(3) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) BONUS AMOUNT; TIME FOR PAYMENT.—A bonus 
under subsection (a) may not exceed $12,000 per one-year 
certification period. The Secretary concerned may pay the 
bonus in a single lump sum at the beginning of the certifi-
cation period or in installments during the certification pe-
riod. The bonus is in addition to any other pay or allow-
ance payable to a member under any other provision of 
law.’’.
219 
(c) CONFORMING AMENDMENTS.—Such section is fur-
ther amended— 
(1) in subsection (c)— 
(A) by striking ‘‘special pay or’’ both places 
it appears; and 
(B) by striking ‘‘or (b)’’; 
(2) in subsection (d), as redesignated by sub-
section (b)(2)— 
(A) in paragraph (1)— 
(i) by striking ‘‘monthly special pay 
or’’ in the matter preceding subparagraph 
(A); and 
(ii) in subparagraph (C), by striking 
‘‘for receipt’’ and all that follows through 
the period at the end and inserting ‘‘under 
subsection (a)’’; 
(B) in paragraph (2), by striking ‘‘For pur-
poses’’ and all that follows through ‘‘the Sec-
retary concerned’’ and inserting ‘‘The Secretary 
concerned’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘special pay or’’ both 
places it appears; and 
(ii) by striking ‘‘subsection (h)’’ and 
inserting ‘‘subsection (f)’’; and
220 
(D) in paragraph (4), by striking ‘‘sub-
section (g)’’ and inserting ‘‘section 303a(e) of 
this title’’; and 
(3) by inserting after such subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) REPAYMENT.—A member who receives a bonus 
under this section, but who does not satisfy an eligibility 
requirement specified in paragraph (1), (2), (3), or (4) of 
subsection (a) for the entire certification period, shall be 
subject to the repayment provisions of section 303a(e) of this 
title.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 316. Special pay: bonus for members with foreign 
language proficiency’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 5 of such title is amended 
by striking the item relating to section 316 and in-
serting the following new item: 
‘‘316: Special pay: bonus for members with foreign language proficiency.’’.
221 
SEC. 627. RETENTION BONUS FOR MEMBERS QUALIFIED IN 
CERTAIN CRITICAL SKILLS OR SATISFYING 
OTHER ELIGIBILITY CRITERIA. 
(a) AVAILABILITY OF BONUS FOR RESERVE COMPO-
NENT MEMBERS.—Section 323 of title 37, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘who is serving on active duty and’’ 
and inserting ‘‘who is serving on active duty in 
a regular component or in an active status in a 
reserve component and who’’; 
(B) in paragraph (1), by inserting ‘‘or to 
remain in an active status in a reserve compo-
nent for at least one year’’ before the semicolon; 
and 
(C) in paragraph (3), by inserting ‘‘or to 
remain in an active status in a reserve compo-
nent for a period of at least one year’’ before the 
period; and 
(2) in subsection (e)(1), by inserting ‘‘or service 
in an active status in a reserve component’’ after ‘‘ac-
tive duty’’ each place it appears. 
(b) ADDITIONAL CRITERIA FOR BONUS.—Such section 
is further amended—
222 
(1) in subsection (a), by striking ‘‘designated 
critical military skill’’ and inserting ‘‘critical mili-
tary skill designated under subsection (b) or satisfies 
such other eligibility criteria established under such 
subsection’’; 
(2) in subsection (b)— 
(A) by striking ‘‘DESIGNATION OF CRITICAL 
SKILLS.—’’ and inserting ‘‘ELIGIBILITY CRI-
TERIA.—(1)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The Secretary of Defense, and the Secretary of 
Homeland Security with respect to the Coast Guard when 
it is not operating as a service in the Navy, may establish 
such other criteria as the Secretary considers appropriate 
under which a retention bonus will be provided to a member 
of the armed forces under subsection (a).’’; and 
(3) in subsection (h)(1), by striking ‘‘members 
qualified in the critical military skills for which the 
bonuses were offered’’ and inserting ‘‘members of the 
armed forces who were offered a bonus under this sec-
tion’’. 
(c) EXTENDED ELIGIBILITY PERIOD
FOR CERTAIN 
MEMBERS.—Subsection (e) of such section is amended by
223 
striking paragraph (2) and inserting the following new 
paragraphs: 
‘‘(2) The limitations in paragraph (1) do not apply 
with respect to an officer who, during the period of active 
duty or service in an active status in a reserve component 
for which the bonus is being offered, is assigned duties as 
a health care professional. 
‘‘(3) The limitations in paragraph (1) do not apply 
with respect to a member who, during the period of active 
duty or service in an active status in a reserve component 
for which the bonus is being offered— 
‘‘(A) is qualified in a skill designated as critical 
under subsection (b)(1) related to special operations 
forces; or 
‘‘(B) is qualified for duty in connection with the 
supervision, operation, and maintenance of naval nu-
clear propulsion plants.’’. 
(d) REPAYMENT REQUIREMENTS.—Subsection (g) of 
such section is amended to read as follows: 
‘‘(g) REPAYMENT.—A member paid a bonus under this 
section who fails, during the period of service covered by 
the member’s agreement, reenlistment, or voluntary exten-
sion of enlistment under subsection (a), to remain qualified 
in the critical military skill or to satisfy the other eligibility
224 
criteria for which the bonus was paid shall be subject to 
the repayment provisions of section 303a(e) of this title.’’. 
(e) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
323 of such title is amended to read as follows: 
‘‘§ 323. Special pay: retention incentives for members 
qualified in a critical military skill or 
who satisfy other eligibility criteria’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 5 of such title is amended 
by striking the item relating to section 323 and in-
serting the following new item: 
‘‘323. Special pay: retention incentives for members qualified in a critical mili-
tary skill or who satisfy other eligibility criteria.’’. 
(f) EFFECTIVE DATE.—Section 323(a) of title 37, 
United States Code, as amended by this section, shall apply 
to agreements, reenlistments, and the voluntary extension 
of enlistments referred to in subsection (a) of such section 
entered into on or after October 1, 2005. 
SEC. 628. AVAILABILITY OF CRITICAL-SKILLS ACCESSION 
BONUS FOR PERSONS ENROLLED IN SENIOR 
RESERVE OFFICERS’ TRAINING CORPS WHO 
ARE OBTAINING NURSING DEGREES. 
(a) AUTHORITY TO PROVIDE BONUS.—Section 324 of 
title 37, United States Code, as amended by section 614(f) 
of this Act, is further amended—
225 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following 
new subsection: 
‘‘(f) NURSE CANDIDATES IN SENIOR RESERVE OFFI-
CERS’ TRAINING CORPS.—(1) A person enrolled in the Sen-
ior Reserve Officers’ Training Corps program of the Army 
for advanced training under chapter 103 of title 10, includ-
ing a person receiving financial assistance under section 
2107 of such title, may receive an accession bonus under 
this section if the person— 
‘‘(A) has completed the second year of an accred-
ited baccalaureate degree program in nursing; and 
‘‘(B) executes an agreement under this section to 
serve on active duty as a commissioned officer in the 
Army Nurse Corps. 
‘‘(2) Notwithstanding subsection (c), the amount of the 
accession bonus paid to a person described in paragraph 
(1) may not exceed $5,000. ’’. 
(b) RETROACTIVE APPLICATION TO EXISTING AGREE-
MENTS.—Subsection (f) of section 324 of title 37, United 
States Code, as added by subsection (a), shall apply with 
respect to agreements referred to in paragraph (1)(B) of 
such subsection executed on or after October 5, 2004.
226 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 641. AUTHORIZED ABSENCES OF MEMBERS FOR 
WHICH LODGING EXPENSES AT TEMPORARY 
DUTY LOCATION MAY BE PAID. 
(a) ABSENCES COVERED
BY ALLOWANCE.—Section 
404b of title 37, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘while the 
member is in an authorized leave status’’ and insert-
ing ‘‘during an authorized absence of the member 
from the temporary duty location’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘taking 
the authorized leave’’ and inserting ‘‘the author-
ized absence’’; and 
(B) in paragraph (3), by striking ‘‘imme-
diately after completing the authorized leave’’ 
and inserting ‘‘before the end of the authorized 
absence’’; 
(3) in subsection (c), by striking ‘‘while the 
member was in an authorized leave status’’ and in-
serting ‘‘during the authorized absence of the mem-
ber’’; and 
(4) by adding at the end the following new sub-
section:
227 
‘‘(d) AUTHORIZED ABSENCE DEFINED.—In this sec-
tion, the term ‘authorized absence’, with respect to a mem-
ber, means that the member is in an authorized leave status 
or that the absence of the member is otherwise authorized 
by the commander of the member.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 404b. Travel and transportation allowances: pay-
ment of lodging expenses at temporary 
duty location during authorized absence 
of member’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 7 of such title is amended 
by striking the item relating to section 404b and in-
serting the following new item: 
‘‘404b. Travel and transportation allowances: payment of lodging expenses at tem-
porary duty location during authorized absence of member.’’. 
SEC. 642. EXTENDED PERIOD FOR SELECTION OF HOME 
FOR TRAVEL AND TRANSPORTATION ALLOW-
ANCES 
FOR 
DEPENDENTS 
OF 
DECEASED 
MEMBER. 
(a) DEATH OF MEMBER ENTITLED TO BASIC PAY.— 
Subsection (f) section 406 of title 37, United States Code, 
is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(f)’’;