116 
‘‘(b) CONTINUATION ON ACTIVE DUTY.—(1) An officer 
subject to retirement under subsection (a) may have his re-
tirement deferred and be continued on active duty by the 
Secretary of the Navy. 
‘‘(2) Subject to section 1252 of this title, the Secretary 
of the Navy shall determine the period of any continuation 
on active duty under this section. 
‘‘(c) ELIGIBILITY
FOR PROMOTION.—A permanent 
professor at the Naval Academy in the grade of commander 
or lieutenant colonel who is continued on active duty as 
a permanent professor under subsection (b) remains eligible 
for consideration for promotion to the grade of captain or 
colonel, as the case may be. 
‘‘(d) RETIRED GRADE AND RETIRED PAY.—Each offi-
cer retired under this section— 
‘‘(1) unless otherwise entitled to a higher grade, 
shall be retired in the grade determined under section 
1370 of this title; and 
‘‘(2) is entitled to retired pay computed under 
section 6333 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 6371 the 
following new item: 
‘‘6372. Permanent professors of the United States Naval Academy: retirement for 
years of service; authority for deferral.’’.
117 
(c) MANDATORY RETIREMENT AT AGE 64.— 
(1) REORGANIZATION AND STANDARDIZATION.— 
Chapter 63 of such title is amended by inserting after 
section 1251 the following new section: 
‘‘§ 1252. Age 64: permanent professors at academies 
‘‘(a) MANDATORY RETIREMENT FOR AGE.—Unless re-
tired or separated earlier, each regular commissioned officer 
of the Army, Navy, Air Force, or Marine Corps covered by 
subsection (b) shall be retired on the first day of the month 
following the month in which the officer becomes 64 years 
of age. 
‘‘(b) COVERED OFFICERS.—This section applies to the 
following officers: 
‘‘(1) An officer who is a permanent professor or 
the director of admissions of the United States Mili-
tary Academy. 
‘‘(2) An officer who is a permanent professor at 
the United States Naval Academy. 
‘‘(3) An officer who is a permanent professor or 
the registrar of the United States Air Force Acad-
emy.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1251 the 
following new item: 
‘‘1254. Age 64: permanent professors at academies.’’.
118 
(3) CONFORMING AMENDMENT.—Section 1251(a) 
of such title is amended by striking the second sen-
tence. 
(d) CONFORMING AMENDMENTS RELATING TO COM-
PUTATION OF RETIRED PAY.— 
(1) AGE 64 RETIREMENT.—Chapter 71 of such 
title is amended— 
(A) in the table in section 1401(a), by in-
serting at the bottom of the column under the 
heading ‘‘For sections’’, in the entry for Formula 
Number 5, the following: ‘‘1252’’; and 
(B) in the table in section 1406(b)(1), by 
inserting at the bottom of the first column the 
following: ‘‘1252’’; 
(2) YEARS-OF-SERVICE
RETIREMENT.—Section 
6333(a) of such title is amended— 
(A) in the matter preceding the table, by in-
serting ‘‘6372 or’’ after ‘‘section’’; and 
(B) in the table, by inserting ‘‘6372’’ imme-
diately below ‘‘6325(b)’’ in the column under the 
heading ‘‘For sections’’, in the entry for Formula 
B.
119 
SEC. 508. AUTHORITY FOR APPOINTMENT OF COAST GUARD 
FLAG OFFICER AS CHIEF OF STAFF TO THE 
PRESIDENT. 
(a) AUTHORITY.—Chapter 3 of title 14, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 54. Chief of Staff to President: appointment 
‘‘The President, by and with the advice and consent 
of the Senate, may appoint a flag officer of the Coast Guard 
as the Chief of Staff to the President.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘54. Chief of Staff to President: appointment.’’. 
SEC. 509. CLARIFICATION OF TIME FOR RECEIPT OF STATU-
TORY SELECTION BOARD COMMUNICATIONS. 
(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 614(b) 
of title 10, United States Code, is amended in the first sen-
tence by inserting ‘‘11:59 p.m. on the day before’’ after ‘‘to 
arrive not later than’’. 
(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.— 
Section 14106 of such title is amended in the second sen-
tence by inserting ‘‘11:59 p.m. on the day before’’ after ‘‘so 
as to arrive not later than’’.
120 
SEC. 510. STANDARDIZATION OF GRADE OF SENIOR DEN-
TAL OFFICER OF THE AIR FORCE WITH THAT 
OF SENIOR DENTAL OFFICER OF THE ARMY. 
(a) AIR FORCE ASSISTANT SURGEON GENERAL FOR 
DENTAL SERVICES.—Section 8081 of title 10, United States 
Code, is amended by striking ‘‘brigadier general’’ in the sec-
ond sentence and inserting ‘‘major general’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the occurrence 
of the next vacancy in the position of Assistant Surgeon 
General for Dental Services in the Air Force that occurs 
after the date of the enactment of this Act or, if earlier, 
on the date of the appointment to the grade of major general 
of the officer who is the incumbent in that position on the 
date of the enactment of the Act. 
Subtitle B—Reserve Component 
Management 
SEC. 511. USE OF RESERVE MONTGOMERY GI BILL BENE-
FITS AND BENEFITS FOR MOBILIZED MEM-
BERS OF THE SELECTED RESERVE AND NA-
TIONAL GUARD FOR PAYMENTS FOR LICENS-
ING OR CERTIFICATION TESTS. 
(a) CHAPTER 1606.—Section 16131 of title 10, United 
States Code, is amended by adding at the end the following 
new subsection:
121 
‘‘(j)(1) Subject to paragraph (3), the amount of edu-
cational assistance payable under this chapter for a licens-
ing or certification test described in section 3452(b) of title 
38 is the lesser of $2,000 or the fee charged for the test. 
‘‘(2) The number of months of entitlement charged in 
the case of any individual for such licensing or certification 
test is equal to the number (including any fraction) deter-
mined by dividing the total amount of educational assist-
ance paid such individual for such test by the full-time 
monthly institutional rate of educational assistance which, 
but for paragraph (1), such individual would otherwise be 
paid under subsection (b). 
‘‘(3) In no event shall payment of educational assist-
ance under this subsection for such a test exceed the amount 
of the individual’s available entitlement under this chap-
ter.’’. 
(b) CHAPTER 1607.—Section 16162 of such title is 
amended by adding at the end the following new subsection: 
‘‘(e) The provisions of section 16131(j) of this title shall 
apply to the provision of educational assistance under this 
chapter, except that, in applying such section under this 
chapter, the reference to subsection (b) in paragraph (2) of 
such section is deemed to be a reference to subsection (c) 
of this section.’’.
122 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to tests administered on or after October 
1, 2005. 
SEC. 512. MODIFICATIONS TO NEW RESERVE EDUCATIONAL 
BENEFIT FOR CERTAIN ACTIVE SERVICE IN 
SUPPORT OF CONTINGENCY OPERATIONS. 
(a) ELIGIBILITY CRITERIA.—Subsection (a) of section 
16163 of title 10, United States Code, is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘On or after September 11, 2001, a member’’ 
and inserting ‘‘A member’’; 
(2) in paragraph (1), by striking ‘‘served on ac-
tive duty in support of a contingency operation’’ and 
inserting ‘‘was called or ordered to active duty on or 
after September 11, 2001, in support of a contingency 
operation and served on active duty in support of 
that contingency operation’’; and 
(3) in paragraph (2), by inserting ‘‘on or after 
September 11, 2001,’’ after ‘‘Secretary of Defense’’. 
(b) ADMINISTRATION OF SPECIFIED BENEFITS ELEC-
TION.—Subsection (e) of such section is amended by strik-
ing ‘‘Secretary concerned’’ and inserting ‘‘Secretary of Vet-
erans Affairs’’. 
(c) EXCEPTION TO IMMEDIATE TERMINATION OF AS-
SISTANCE.—Section 16165 of such title is amended—
123 
(1) by striking ‘‘Educational assistance’’ and in-
serting ‘‘(a) TERMINATION.—Except as provided in 
subsection (b), educational assistance’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) EXCEPTION FOR SELECTED RESERVE MEMBERS 
CONTINUING IN READY RESERVE.—Under regulations pre-
scribed by the Secretary of Defense, educational assistance 
may be provided under this chapter to a member of the Se-
lected Reserve when the member incurs a break in service 
in the Selected Reserve of not more than 90 days, if the 
member continues to serve in the Ready Reserve.’’. 
SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDA-
TORY SEPARATION. 
(a) DEFERRAL OF SEPARATION.—Section 10216 of 
title 10, United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(f) DEFERRAL OF MANDATORY SEPARATION.—The 
Secretary of the Army shall implement personnel policies 
so as to allow a military technician (dual status) who con-
tinues to meet the requirements of this section for dual sta-
tus to continue to serve beyond a mandatory removal date 
for officers, and any applicable maximum years of service 
limitation, until the military technician (dual status)
124 
reaches age 60 and attains eligibility for an unreduced an-
nuity (as defined in section 10218(c) of this title).’’. 
(b) EFFECTIVE DATE.—The Secretary of the Army 
shall implement subsection (f) of section 10216 of title 10, 
United States Code, as added by subsection (a), not later 
than 90 days after the date of the enactment of this Act. 
SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN 
SERVICE BY NATIONAL GUARD MEMBERS 
PERFORMED WHILE IN A STATE DUTY STATUS 
IMMEDIATELY AFTER THE TERRORIST AT-
TACKS OF SEPTEMBER 11, 2001. 
(a) RETIREMENT CREDIT.—Service of a member of the 
Ready Reserve of the Army National Guard or Air National 
Guard described in subsection (b) shall be deemed to be serv-
ice creditable under section 12732(a)(2)(A)(i) of title 10, 
United States Code. 
(b) COVERED SERVICE.—Service referred to in sub-
section (a) is full-time State active duty service that a mem-
ber of the National Guard performed on or after September 
11, 2001, and before October 1, 2002, in any of the counties 
specified in subsection (c) to support a Federal declaration 
of emergency following the terrorist attacks on the United 
States of September 11, 2001. 
(c) COVERED COUNTIES.—The counties referred to in 
subsection (b) are the following:
125 
(1) In the State of New York: Bronx, Kings, New 
York (boroughs of Brooklyn and Manhattan), Queens, 
Richmond, Delaware, Dutchess, Nassau, Orange, Put-
nam, Rockland, Suffolk, Sullivan, Ulster, and West-
chester 
(2) In the State of Virginia: Arlington. 
(d) APPLICABILITY.—Subsection (a) shall take effect as 
of September 11, 2001. 
SEC. 515. USE OF NATIONAL GUARD TO PROVIDE MILITARY 
SUPPORT TO CIVILIAN LAW ENFORCEMENT 
AGENCIES 
FOR 
DOMESTIC 
COUNTER-TER-
RORISM ACTIVITIES. 
(a) IN GENERAL.—Title 32, United States Code, is 
amended by adding the following new section: 
‘‘§ 116. Use of National Guard to provide military sup-
port to civilian law enforcement agencies 
for domestic counter-terrorism activities 
‘‘(a) PROVISION OF SUPPORT.—The Governor of a 
State may order the National Guard of such State to per-
form full-time National Guard duty under section 502(f) 
of this title for the purpose of providing, on a reimbursable 
basis, military support to a civilian law enforcement agen-
cy for domestic counter-terrorism activities. Members of the 
National Guard performing full-time National Guard duty 
in the Active Guard and Reserve Program may support or
126 
execute military support to civilian law enforcement agen-
cies for domestic counter-terrorism activities performed by 
the National Guard under this section. 
‘‘(b) REIMBURSEMENT.—Notwithstanding any other 
provision of law, the Chief of the National Guard Bureau, 
or the designee of the Chief in the State concerned, shall 
accept monetary reimbursements for the costs incurred by 
the National Guard to provide support under subsection 
(a). Such monetary reimbursements will be deposited into 
the appropriations used to fund activities under this title 
and may be used in the fiscal year in which received. The 
Secretary of Defense may waive the reimbursement require-
ment under this section. 
‘‘(c) CONDITION OF PROVISION OF SUPPORT.—Mili-
tary support to civilian law enforcement agencies for do-
mestic counter-terrorism activities may not be provided 
under subsection (a) if the provision of such support will 
affect adversely the military preparedness of the United 
States. To ensure that the use of units and personnel of the 
National Guard under such subsection does not degrade 
training and readiness, the following requirements shall 
apply in determining the activities that units and per-
sonnel of the National Guard of a State may perform: 
‘‘(1) The performance of the activities may not 
affect adversely the quality of training or otherwise
127 
interfere with the ability of a member or unit of the 
National Guard to perform the military functions of 
the member or unit. 
‘‘(2) The performance of the activities will not 
degrade the military skills of the members of the Na-
tional Guard performing those activities. 
‘‘(d) STATUTORY CONSTRUCTION.— Nothing in this 
section shall be construed as a limitation on the authority 
of any unit or member of the National Guard of a State, 
when not in Federal service, to perform functions author-
ized to be performed by the National Guard by the laws 
of the State concerned. Nothing in this section shall be con-
strued as a limitation on the authority of any unit or mem-
ber of the National Guard of a State, when not in Federal 
service, to provide military assistance or support to civil 
authority in the normal course of military training or oper-
ations on a non-reimbursable basis. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ’State’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, or a territory or possession of the 
United States. 
‘‘(2) The term ’domestic counter-terrorism’ 
means measures taken to prevent, deter, and respond 
to terrorism within a State.’’.
128 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 1 of such title is amended by add-
ing at the end the following new item: 
‘‘116. Use of National Guard to provide military support to civilian law enforce-
ment agencies for domestic counter-terrorism activities.’’. 
(c) CONFORMING AMENDMENT TO TITLE 10.—Section 
115(i) of title 10, United States Code, is amended by insert-
ing ‘‘or providing military support to civilian law enforce-
ment agencies for domestic counter-terrorism activities 
under section 116 of such title’’ after ‘‘title 32’’. 
Subtitle C—Education and 
Training 
SEC. 521. REPEAL OF LIMITATION ON AMOUNT OF FINAN-
CIAL ASSISTANCE UNDER ROTC SCHOLAR-
SHIP PROGRAMS. 
(a) GENERAL ROTC PROGRAM.—Section 2107(c) of 
title 10, United States Code, is amended— 
(1) by striking paragraph (4); and 
(2) in paragraph (5)(B), by striking ‘‘, (3), or 
(4)’’ and inserting ‘‘or (3)’’. 
(b) ARMY RESERVE AND ARMY NATIONAL GUARD PRO-
GRAM.—Section 2107a(c) of such title is amended by strik-
ing paragraph (3). 
(c) EFFECTIVE DATE.—Paragraph (4) of section 
2107(c) of title 10, United States Code, and paragraph (3) 
of section 2107a(c) of such title, as in effect on the day be-