H. R. 4200—100
forces as enlisted members by encouraging recruits to pursue higher
education or vocational or technical training before entry into active
service.
‘‘(b) DELAYED ENTRY WITH ALLOWANCE
FOR HIGHER EDU-
CATION.—The Secretary concerned may—
‘‘(1) exercise the authority under section 513 of this title—
‘‘(A) to accept the enlistment of a person as a Reserve
for service in the Selected Reserve or Individual Ready
Reserve of a reserve component, notwithstanding the scope
of the authority under subsection (a) of that section, in
the case of the Army National Guard of the United States
or Air National Guard of the United States; and
‘‘(B) to authorize, notwithstanding the period limitation
in subsection (b) of that section, a delay of the enlistment
of any such person in a regular component under that
subsection for the period during which the person is
enrolled in, and pursuing a program of education at, an
institution of higher education, or a program of vocational
or technical training, on a full-time basis that is to be
completed within the maximum period of delay determined
for that person under subsection (c); and
‘‘(2) subject to paragraph (2) of subsection (d) and except
as provided in paragraph (3) of that subsection, pay an allow-
ance to a person accepted for enlistment under paragraph (1)(A)
for each month of the period during which that person is
enrolled in and pursuing a program described in paragraph
(1)(B).
‘‘(c) MAXIMUM PERIOD OF DELAY.—The period of delay author-
ized a person under paragraph (1)(B) of subsection (b) may not
exceed the 30-month period beginning on the date of the person’s
enlistment accepted under paragraph (1)(A) of such subsection.
‘‘(d) ALLOWANCE.—(1) The monthly allowance paid under sub-
section (b)(2) shall be equal to the amount of the subsistence allow-
ance provided for certain members of the Senior Reserve Officers’
Training Corps with the corresponding number of years of participa-
tion under section 209(a) of title 37. The Secretary concerned may
supplement that stipend by an amount not to exceed $225 per
month.
‘‘(2) An allowance may not be paid to a person under this
section for more than 24 months.
‘‘(3) A member of the Selected Reserve of a reserve component
may be paid an allowance under this section only for months
during which the member performs satisfactorily as a member
of a unit of the reserve component that trains as prescribed in
section 10147(a)(1) of this title or section 502(a) of title 32. Satisfac-
tory performance shall be determined under regulations prescribed
by the Secretary concerned.
‘‘(4) An allowance under this section is in addition to any
other pay or allowance to which a member of a reserve component
is entitled by reason of participation in the Ready Reserve of that
component.
‘‘(e) RECOUPMENT
OF ALLOWANCE.—(1) A person who, after
receiving an allowance under this section, fails to complete the
total period of service required of that person in connection with
delayed entry authorized for the person under section 513 shall
repay the United States the amount which bears the same ratio
to the total amount of that allowance paid to the person as the
H. R. 4200—101
unserved part of the total required period of service bears to the
total period.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
‘‘(3) A discharge of a person in bankruptcy under title 11
that is entered less than five years after the date on which the
person was, or was to be, enlisted in the regular Army pursuant
to the delayed entry authority under section 513 does not discharge
that person from a debt arising under paragraph (1).
‘‘(4) The Secretary concerned may waive, in whole or in part,
a debt arising under paragraph (1) in any case for which the
Secretary determines that recovery would be against equity and
good conscience or would be contrary to the best interests of the
United States.
‘‘(f) SPECIAL PAY AND BONUSES.—Upon enlisting in the regular
component of the member’s armed force, a person who initially
enlisted as a Reserve under this section may, at the discretion
of the Secretary concerned, be eligible for all regular special pays,
bonuses, education benefits, and loan repayment programs.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 510
the following new item:
‘‘511. College First Program.’’.
(b) CONTINUATION FOR ARMY OF PRIOR ARMY COLLEGE FIRST
PROGRAM.—The Secretary of the Army shall treat the program
under section 511 of title 10, United States Code, as added by
subsection (a), as a continuation of the program under section
573 of the National Defense Authorization Act for Fiscal Year
2000 (10 U.S.C. 513 note), and for such purpose the Secretary
may treat such section 511 as having been enacted on October
1, 2004.
SEC. 
552. 
SENIOR 
RESERVE 
OFFICERS’ 
TRAINING 
CORPS 
AND
RECRUITER ACCESS AT INSTITUTIONS OF HIGHER EDU-
CATION.
(a) EQUAL TREATMENT OF MILITARY RECRUITERS WITH OTHER
RECRUITERS.—Subsection (b)(1) of section 983 of title 10, United
States Code, is amended—
(1) by striking ‘‘entry to campuses’’ and inserting ‘‘access
to campuses’’; and
(2) by inserting before the semicolon at the end the fol-
lowing: ‘‘in a manner that is at least equal in quality and
scope to the access to campuses and to students that is provided
to any other employer’’.
(b) PROHIBITION OF FUNDING FOR POST-SECONDARY SCHOOLS
THAT PREVENT ROTC ACCESS OR MILITARY RECRUITING.—(1) Sub-
section (d) of such section is amended—
(A) in paragraph (1)—
(i) by striking ‘‘limitation established in subsection (a)
applies’’ and inserting ‘‘limitations established in sub-
sections (a) and (b) apply’’;
(ii) in subparagraph (B), by inserting ‘‘for any depart-
ment or agency for which regular appropriations are made’’
after ‘‘made available’’; and
(iii) by adding at the end the following new subpara-
graphs:
H. R. 4200—102
‘‘(C) Any funds made available for the Department of Home-
land Security.
‘‘(D) Any funds made available for the National Nuclear
Security Administration of the Department of Energy.
‘‘(E) Any funds made available for the Department of
Transportation.
‘‘(F) Any funds made available for the Central Intelligence
Agency.’’; and
(B) by striking paragraph (2).
(2)(A) Subsection (b) of such section is amended by striking
‘‘subsection (d)(2)’’ and inserting ‘‘subsection (d)(1)’’.
(B) Subsection (e) of such section is amended by inserting
‘‘, to the head of each other department and agency the funds
of which are subject to the determination,’’ after ‘‘Secretary of
Education’’.
(c) CODIFICATION AND EXTENSION OF EXCLUSION OF AMOUNTS
TO COVER INDIVIDUAL PAYMENTS.—Subsection (d) of such section,
as amended by subsection (b)(1), is further amended—
(1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting ‘‘Except as
provided in paragraph (2), the’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual,
to be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be
used for the purpose for which the funding is provided.’’.
(d) CONFORMING AMENDMENTS.—Subsections (a) and (b) of such
section are amended by striking ‘‘(including a grant of funds to
be available for student aid)’’.
(e) CONFORMING REPEAL OF CODIFIED PROVISION.—Section 8120
of the Department of Defense Appropriations Act, 2000 (Public
Law 106–79; 10 U.S.C. 983 note), is repealed.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to funds appropriated for fiscal year 2005
and thereafter.
SEC. 553. TUITION ASSISTANCE FOR OFFICERS.
(a) AUTHORITY TO REDUCE OR WAIVE ACTIVE DUTY SERVICE
OBLIGATION.—Subsection (b) of section 2007 of title 10, United
States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by inserting ‘‘or full-time National Guard duty’’ after
‘‘active duty’’ each place it appears; and
(2) by adding at the end the following new paragraph:
‘‘(2) Notwithstanding paragraph (1), the Secretary of the mili-
tary department may reduce or waive the active duty service
obligation—
‘‘(A) in the case of a commissioned officer who is subject
to mandatory separation;
‘‘(B) in the case of a commissioned officer who has com-
pleted the period of active duty service in support of a contin-
gency operation; or
‘‘(C) in other exigent circumstances as determined by the
Secretary.’’.
(b) INCREASE IN TUITION ASSISTANCE AUTHORIZED FOR ARMY
OFFICERS
IN
THE SELECTED RESERVE.—Paragraph (1) of section
H. R. 4200—103
2007(c) of title 10, United States Code, is amended to read as
follows:
‘‘(1) Subject to paragraphs (2) and (3), the Secretary of the
Army may pay the charges of an educational institution for the
tuition or expenses of an officer in the Selected Reserve of the
Army National Guard or the Army Reserve for education or training
of such officer.’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
may, at the discretion of the Secretary concerned, be applied to
a service obligation incurred by an officer serving on active duty
as of the date of the enactment of this Act.
SEC. 554. INCREASED MAXIMUM PERIOD FOR LEAVE OF ABSENCE FOR
PURSUIT OF A PROGRAM OF EDUCATION IN A HEALTH
CARE PROFESSION.
Section 708(a) of title 10, United States Code, is amended—
(1) by striking ‘‘for a period not to exceed two years’’;
and
(2) by adding at the end the following: ‘‘The period of
a leave of absence granted under this section may not exceed
two years, except that the period may exceed two years but
may not exceed three years in the case of an eligible member
pursuing a program of education in a health care profession.’’.
SEC. 555. ELIGIBILITY OF CADETS AND MIDSHIPMEN FOR MEDICAL
AND DENTAL CARE AND DISABILITY BENEFITS.
(a) MEDICAL AND DENTAL CARE.—(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1074a
the following new section:
‘‘§ 1074b. Medical and dental care: Academy cadets and mid-
shipmen; members of, and designated applicants
for membership in, Senior ROTC
‘‘(a) ELIGIBILITY.—Under joint regulations prescribed by the
administering Secretaries, the following persons are, except as pro-
vided in subsection (c), entitled to the benefits described in sub-
section (b):
‘‘(1) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy,
and a midshipman at the United States Naval Academy, who
incurs or aggravates an injury, illness, or disease in the line
of duty.
‘‘(2) A member of, and a designated applicant for member-
ship in, the Senior Reserve Officers’ Training Corps who incurs
or aggravates an injury, illness, or disease—
‘‘(A) in the line of duty while performing duties under
section 2109 of this title;
‘‘(B) while traveling directly to or from the place at
which that member or applicant is to perform or has per-
formed duties pursuant to section 2109 of this title; or
‘‘(C) in the line of duty while remaining overnight
immediately before the commencement of duties performed
pursuant to section 2109 of this title or, while remaining
overnight, between successive periods of performing duties
pursuant to section 2109 of this title, at or in the vicinity
of the site of the duties performed pursuant to section
H. R. 4200—104
2109 of this title, if the site is outside reasonable com-
muting distance from the residence of the member or des-
ignated applicant.
‘‘(b) BENEFITS.—A person eligible for benefits under subsection
(a) for an injury, illness, or disease is entitled to—
‘‘(1) the medical and dental care under this chapter that
is appropriate for the treatment of the injury, illness, or disease
until the injury, illness, disease, or any resulting disability
cannot be materially improved by further hospitalization or
treatment; and
‘‘(2) meals during hospitalization.
‘‘(c) EXCEPTION FOR GROSS NEGLIGENCE OR MISCONDUCT.—A
person is not entitled to benefits under subsection (b) for an injury,
illness, or disease, or the aggravation of an injury, illness, or disease
that is a result of the gross negligence or the misconduct of that
person.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1074a
the following new item:
‘‘1074b. Medical and dental care: Academy cadets and midshipmen; members of,
and designated applicants for membership in, Senior ROTC.’’.
(b) ELIGIBILITY
OF ACADEMY CADETS
AND MIDSHIPMEN
FOR
DISABILITY RETIRED PAY.—(1) Section 1217 of title 10, United States
Code, is amended to read as follows:
‘‘§ 1217. Academy cadets and midshipmen: applicability of
chapter
‘‘(a) This chapter applies to cadets at the United States Military
Academy, the United States Air Force Academy, and the United
States Coast Guard Academy and midshipmen of the United States
Naval Academy, but only with respect to physical disabilities
incurred after the date of the enactment of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005.
‘‘(b) Monthly cadet pay and monthly midshipman pay under
section 203(c) of title 37 shall be considered to be basic pay for
purposes of this chapter and the computation of retired pay and
severance and separation pay to which entitlement is established
under this chapter.’’.
(2) The item related to section 1217 in the table of sections
at the beginning of chapter 61 of such title is amended to read
as follows:
‘‘1217. Academy cadets and midshipmen: applicability of chapter.’’.
SEC. 556. TRANSFER OF AUTHORITY TO CONFER DEGREES UPON
GRADUATES OF THE COMMUNITY COLLEGE OF THE AIR
FORCE.
(a) TRANSFER TO COMMANDER OF AIR UNIVERSITY.—Subsection
(a) of section 9317 of title 10, United States Code, is amended—
(1) by striking ‘‘may confer—’’ and inserting ‘‘may confer
academic degrees as follows:’’;
(2) by striking ‘‘the’’ in paragraphs (1), (2), and (3) after
the paragraph designation and inserting ‘‘The’’;
(3) by striking the semicolon at the end of paragraph (1)
and inserting a period;
(4) by striking ‘‘; and’’ at the end of paragraph (2) and
inserting a period; and
H. R. 4200—105
(5) by adding at the end the following new paragraph:
‘‘(4) An academic degree at the level of associate upon
graduates of the Community College of the Air Force who
fulfill the requirements for that degree.’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of section 9315
of such title is amended to read as follows:
‘‘(c) ASSOCIATE DEGREES.—(1) Subject to paragraph (2), an aca-
demic degree at the level of associate may be conferred under
section 9317 of this title upon any enlisted member who has com-
pleted a program prescribed by the Community College of the
Air Force.
‘‘(2) No degree may be conferred upon any enlisted member
under this section unless the Secretary of Education determines
that the standards for the award of academic degrees in agencies
of the United States have been met.’’.
(c) CLERICAL AMENDMENTS.—(1) The heading of section 9317
of such title is amended to read as follows:
‘‘§ 9317. Air University: conferral of degrees’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 901 of such title is amended to read
as follows:
‘‘9317. Air University: conferral of degrees.’’.
SEC. 557. CHANGE IN TITLES OF LEADERSHIP POSITIONS AT THE
NAVAL POSTGRADUATE SCHOOL.
(a) DESIGNATION OF PRESIDENT.—(1) The position of Super-
intendent of the Naval Postgraduate School is redesignated as
President of the Naval Postgraduate School.
(2) Any reference to the Superintendent of the Naval Post-
graduate School in any law, rule, regulation, document, record,
or other paper of the United States shall be deemed to be a reference
to the President of the Naval Postgraduate School.
(3)(A) Section 7042 of title 10, United States Code, is amended
by striking ‘‘Superintendent’’ each place it appears in the text
and inserting ‘‘President’’.
(B) The heading of such section is amended to read as follows:
‘‘§ 7042. President; assistants’’.
(4)(A) Section 7044 of such title is amended by striking ‘‘Super-
intendent’’ and inserting ‘‘President of the school’’.
(B) Sections 7048(a) and 7049(e) of such title are amended
by striking ‘‘Superintendent’’ and inserting ‘‘President’’.
(b) DESIGNATION OF PROVOST AND ACADEMIC DEAN.—(1) The
position of Academic Dean of the Naval Postgraduate School is
redesignated as Provost and Academic Dean of the Naval Post-
graduate School.
(2) Any reference to the Academic Dean of the Naval Post-
graduate School in any law, rule, regulation, document, record,
or other paper of the United States shall be deemed to be a reference
to the Provost and Academic Dean of the Naval Postgraduate
School.
(3)(A) Subsection (a) of section 7043 of title 10, United States
Code, is amended to read as follows:
‘‘(a) There is at the Naval Postgraduate School the civilian
position of Provost and Academic Dean. The Provost and Academic
Dean shall be appointed, to serve for periods of not more than
H. R. 4200—106
five years, by the Secretary of the Navy. Before making an appoint-
ment to the position of Provost and Academic Dean, the Secretary
shall consult with the Board of Advisors for the Naval Postgraduate
School and shall consider any recommendation of the leadership
and faculty of the Naval Postgraduate School regarding an appoint-
ment to that position.’’.
(B) The heading of such section is amended to read as follows:
‘‘§ 7043. Provost and Academic Dean’’.
(4) Sections 7043(b) and 7081(a) of title 10, United States
Code, are amended by striking ‘‘Academic Dean’’ and inserting
‘‘Provost and Academic Dean’’.
(5)(A) Section 5102(c)(10) of title 5, United States Code, is
amended by striking ‘‘Academic Dean of the Postgraduate School
of the Naval Academy’’ and inserting ‘‘Provost and Academic Dean
of the Naval Postgraduate School’’.
(B) Subsection (b) of such section is amended by striking ‘‘Aca-
demic Dean’’ and inserting ‘‘Provost and Academic Dean’’.
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 605 of such title 10, United States Code, is amended
by striking the items related to sections 7042 and 7043 and inserting
the following new items:
‘‘7042. President; assistants.
‘‘7043. Provost and Academic Dean.’’.
Subtitle 
G—Assistance 
to 
Local 
Edu-
cational Agencies for Defense Depend-
ents Education
SEC. 558. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF
OF 
DEPENDENTS 
OF 
CERTAIN 
MEMBERS 
DESPITE
CHANGE IN STATUS OF MEMBER.
(a) SPECIAL RULE.—For purposes of computing the amount
of a payment for an eligible local educational agency under sub-
section (a) of section 8003 of the Elementary and Secondary Edu-
cation Act (20 U.S.C. 7703) for school year 2004–2005, 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 sub-
section to determine the number of children who were in aver-
age daily attendance in the school; but
(2) due to the deployment of both parents or legal guardians
of the child, the deployment of a parent or legal guardian
having sole custody of the child, or the death of a military
parent or legal guardian 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.
H. R. 4200—107
SEC. 559. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR
FISCAL YEAR 2005.—Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $30,000,000 shall be available only for the
purpose of providing educational agencies assistance to local edu-
cational agencies.
(b) NOTIFICATION.—Not later than June 30, 2005, the Secretary
of Defense shall notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 2005 of—
(1) that agency’s eligibility for the assistance; and
(2) the amount of the assistance for which that agency
is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under subsection (a) not later than
30 days after the date on which notification to the eligible local
educational agencies is provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’ means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 20 U.S.C. 7703 note).
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ‘‘basic support payment’’ means a payment
authorized under section 8003(b)(1) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
SEC. 560. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(5) for operation and maintenance for Defense-wide activi-
ties, $5,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106–398;
114 Stat. 1654A–77; 20 U.S.C. 7703a).
Subtitle H—Medals and Decorations and
Special Promotions and Appointments
SEC. 561. AWARD OF MEDAL OF HONOR TO INDIVIDUAL INTERRED
IN THE TOMB OF THE UNKNOWNS AS REPRESENTATIVE
OF CASUALTIES OF A WAR.
(a) AWARD TO INDIVIDUAL AS REPRESENTATIVE.—Chapter 57
of title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 1134. Medal of honor: award to individual interred in
Tomb of the Unknowns as representative of cas-
ualties of a war
‘‘The medal of honor awarded posthumously to a deceased
member of the armed forces who, as an unidentified casualty of
a particular war or other armed conflict, is interred in the Tomb
of the Unknowns at Arlington National Cemetery, Virginia, is
H. R. 4200—108
awarded to the member as the representative of the members
of the armed forces who died in such war or other armed conflict
and whose remains have not been identified, and not to the indi-
vidual personally.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘1134. Medal of honor: award to individual interred in Tomb of the Unknowns as
representative of casualties of a war.’’.
SEC. 562. PLAN FOR REVISED CRITERIA AND ELIGIBILITY REQUIRE-
MENTS FOR AWARD OF COMBAT INFANTRYMAN BADGE
AND COMBAT MEDICAL BADGE FOR SERVICE IN KOREA
AFTER JULY 28, 1953.
(a) REQUIREMENT
FOR PLAN.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of the Army
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a plan for revising the Army’s
criteria and eligibility requirements for award of the Combat
Infantryman Badge and the Combat Medical Badge for service
in the Republic of Korea after July 28, 1953, to fulfill the purpose
stated in subsection (b).
(b) PURPOSE OF REVISED CRITERIA AND ELIGIBILITY REQUIRE-
MENTS.—The purpose for revising the criteria and eligibility require-
ments for award of the Combat Infantryman Badge and the Combat
Medical Badge for service in the Republic of Korea after July
28, 1953, is to ensure fairness in the standards applied to Army
personnel in the awarding of such badges for Army service in
the Republic of Korea in comparison to the standards applied to
Army personnel in the awarding of such badges for Army service
in other areas of operations.
SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES
E. YEAGER, UNITED STATES AIR FORCE (RETIRED), TO
THE GRADE OF MAJOR GENERAL ON THE RETIRED LIST.
The President is authorized to appoint, by and with the advice
and consent of the Senate, Brigadier General Charles E. Yeager,
United States Air Force (retired), to the grade of major general
on the retired list of the Air Force. Any such appointment shall
not affect the retired pay or other benefits of Charles E. Yeager
or any benefits to which any other person is or may become entitled
based upon his service.
SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCHELL IN THE
GRADE OF MAJOR GENERAL IN THE ARMY.
(a) AUTHORITY.—The President, by and with the advice and
consent of the Senate, may issue posthumously a commission as
major general, United States Army, in the name of the late William
Mitchell, formerly a colonel, United States Army, who resigned
his commission on February 1, 1926.
(b) DATE OF COMMISSION.—A commission issued under sub-
section (a) shall issue as of the date of the death of William
Mitchell on February 19, 1936.
(c) PROHIBITION OF BENEFITS.—No person is entitled to receive
any bonus, gratuity, pay, allowance, or other financial benefit by
reason of the enactment of this section.
H. R. 4200—110
Stat. 1277; 42 U.S.C. 1977ff note) is amended by striking ‘‘until
the regularly scheduled general election for Federal office for
November 2004’’ and inserting the following: ‘‘until the first regu-
larly scheduled general election for Federal office which occurs
after the Election Assistance Commission notifies the Secretary
that the Commission has established electronic absentee voting
guidelines and certifies that it will assist the Secretary in carrying
out the project’’.
SEC. 568. REPORTS ON OPERATION OF FEDERAL VOTING ASSISTANCE
PROGRAM AND MILITARY POSTAL SYSTEM.
(a) REPORTS ON PROGRAM AND SYSTEM.—(1) Not later than
60 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report on the actions that
the Secretary has taken to ensure that the Federal Voting Assist-
ance Program carried out under the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff et seq.) functions effec-
tively to support absentee voting by members of the Armed Forces
deployed outside the United States in support of Operation Iraqi
Freedom, Operation Enduring Freedom, and all other contingency
operations.
(2) Not later than 60 days after the date of the submission
of the report required by paragraph (1), the Secretary of Defense
shall submit to Congress a report on the actions that the Secretary
has taken to ensure that the military postal system functions effec-
tively to support the morale of members referred to in such para-
graph and their ability to vote by absentee ballot.
(b) REPORT ON IMPLEMENTATION OF POSTAL SYSTEM IMPROVE-
MENTS.—Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report specifying—
(1) the actions taken to implement the recommendations
of the Military Postal Service Agency Task Force, dated 28
August 2000; and
(2) in the case of each recommendation not implemented
or not fully implemented as of the date of the submission
of the report, the reasons for not implementing or not fully
implementing the recommendation, as the case may be.
Subtitle J—Military Justice Matters
SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COVERED BY UNI-
FORM CODE OF MILITARY JUSTICE.
(a) REVIEW REQUIRED.—The Secretary of Defense shall review
the Uniform Code of Military Justice and the Manual for Courts-
Martial with the objective of determining what changes are required
to improve the ability of the military justice system to address
issues relating to sexual assault and to conform the Uniform Code
of Military Justice and the Manual for Courts-Martial more closely
to other Federal laws and regulations that address such issues.
(b) REPORT.—Not later than March 1, 2005, the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report on the review carried out under subsection (a). The report
shall include the recommendations of the Secretary for revisions
H. R. 4200—111
to the Uniform Code of Military Justice and, for each such revision,
the rationale behind that revision.
SEC. 572. WAIVER OF RECOUPMENT OF TIME LOST FOR CONFINEMENT
IN CONNECTION WITH A TRIAL.
Section 972 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) WAIVER
OF RECOUPMENT
OF TIME LOST
FOR CONFINE-
MENT.—The Secretary concerned shall waive liability for a period
of confinement in connection with a trial under subsection (a)(3),
or exclusion of a period of confinement in connection with a trial
under subsection (b)(3), in a case upon the occurrence of any of
the following events:
‘‘(1) For each charge—
‘‘(A) the charge is dismissed before or during trial
in a final disposition of the charge; or
‘‘(B) the trial results in an acquittal of the charge.
‘‘(2) For each charge resulting in a conviction in such trial—
‘‘(A) the conviction is set aside in a final disposition
of such charge, other than in a grant of clemency; or
‘‘(B) a judgment of acquittal or a dismissal is entered
upon a reversal of the conviction on appeal.’’.
SEC. 573. PROCESSING OF FORENSIC EVIDENCE COLLECTION KITS
AND ACQUISITION OF SUFFICIENT STOCKS OF SUCH
KITS.
(a) ELIMINATION OF BACKLOG, ETC.—The Secretary of Defense
shall take such steps as may be necessary to ensure that—
(1) the United States Army Criminal Investigation Labora-
tory has the personnel and resources to effectively process
forensic evidence used by the Department of Defense within
60 days of receipt by the laboratory of such evidence;
(2) consistent policies are established among the Armed
Forces to reduce the time period between the collection of
forensic evidence and the receipt and processing of such evi-
dence by United States Army Criminal Investigation Labora-
tory; and
(3) there is an adequate supply of forensic evidence collec-
tion kits—
(A) for all United States military installations,
including the military service academies; and
(B) for units of the Armed Forces deployed in theaters
of operation.
(b) TRAINING.—The Secretary shall take such measures as the
Secretary considers appropriate to ensure that personnel are appro-
priately trained—
(1) in the use of forensic evidence collection kits; and
(2) in the prescribed procedures to ensure protection of
the chain of custody of such kits once used.
SEC. 574. AUTHORITIES OF THE JUDGE ADVOCATES GENERAL.
(a) DEPARTMENT OF THE ARMY.—Section 3037 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking the second and third
sentences and inserting ‘‘The term of office of the Judge Advo-
cate General and the Assistant Judge Advocate General is
four years.’’; and
(2) by adding at the end the following new subsection:
H. R. 4200—112
‘‘(e) No officer or employee of the Department of Defense may
interfere with—
‘‘(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Army or the
Chief of Staff of the Army; or
‘‘(2) the ability of judge advocates of the Army assigned
or attached to, or performing duty with, military units to give
independent legal advice to commanders.’’.
(b) DEPARTMENT OF THE NAVY.—(1) Section 5148 of such title
is amended by adding at the end the following new subsection:
‘‘(e) No officer or employee of the Department of Defense may
interfere with—
‘‘(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Navy or the
Chief of Naval Operations; or
‘‘(2) the ability of judge advocates of the Navy assigned
or attached to, or performing duty with, military units to give
independent legal advice to commanders.’’.
(2) Section 5046 of such title is amended by adding at the
end the following new subsection:
‘‘(c) No officer or employee of the Department of Defense may
interfere with—
‘‘(1) the ability of the Staff Judge Advocate to the Com-
mandant of the Marine Corps to give independent legal advice
to the Commandant of the Marine Corps; or
‘‘(2) the ability of judge advocates of the Marine Corps
assigned or attached to, or performing duty with, military units
to give independent legal advice to commanders.’’.
(c) DEPARTMENT OF THE AIR FORCE.—Section 8037 of title 10,
United States Code, is amended—
(1) in subsection (a), by striking ‘‘, but may be’’ in the
second sentence and all that follows in that sentence through
‘‘President’’;
(2) in subsection (c)—
(A) by striking ‘‘shall’’ in the matter preceding para-
graph (1);
(B) by striking paragraph (2);
(C) by redesignating paragraph (1) as paragraph (3)
and in that paragraph—
(i) inserting ‘‘shall’’ before ‘‘receive,’’; and
(ii) by striking ‘‘; and’’ at the end and inserting
a period; and
(D) by inserting before paragraph (3), as so redesig-
nated, the following new paragraphs:
‘‘(1) is the legal adviser of the Secretary of the Air Force
and of all officers and agencies of the Department of the Air
Force;
‘‘(2) shall direct the officers of the Air Force designated
as judge advocates in the performance of their duties; and’’;
(3) in subsection (d)(1), by striking ‘‘, but may be’’ in the
second sentence and all that follows in that sentence through
‘‘President’’; and
(4) by adding at the end the following new subsection:
‘‘(f) No officer or employee of the Department of Defense may
interfere with—
H. R. 4200—113
‘‘(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Air Force
or the Chief of Staff of the Air Force; or
‘‘(2) the ability of officers of the Air Force who are des-
ignated as judge advocates who are assigned or attached to,
or performing duty with, military units to give independent
legal advice to commanders.’’.
(d) INDEPENDENT REVIEW.—(1) The Secretary of Defense shall
establish an independent panel of outside experts to conduct a
study and review of the relationships between the legal elements
of each of the military departments and to prepare a report setting
forth the panel’s recommendations as to statutory, regulatory, and
policy changes that the panel considers to be desirable to improve
the effectiveness of those relationships and to enhance the legal
support provided to the leadership of each military department
and each of the Armed Forces.
(2) The panel shall be composed of seven members, appointed
by the Secretary of Defense from among private United States
citizens who have substantial expertise in military law and the
organization and functioning of the military departments. No more
than one member of the panel may have served as the Judge
Advocate General of an Armed Force, and no more than one member
of the panel may have served as the General Counsel of a military
department.
(3) The Secretary of Defense shall designate the chairman
of the panel from among the members of the panel other than
a member who has served as a Judge Advocate General or as
a military department General Counsel.
(4) Members shall be appointed for the life of the panel. Any
vacancy in the panel shall be filled in the same manner as the
original appointment.
(5) The panel shall meet at the call of the chairman.
(6) All original appointments to the panel shall be made by
January 15, 2005. The chairman shall convene the first meeting
of the panel not later than February 1, 2005.
(7) In carrying out the study and review required by paragraph
(1), the panel shall—
(A) review the history of relationships between the uni-
formed and civilian legal elements of each of the Armed Forces;
(B) analyze the division of duties and responsibilities
between those elements in each of the Armed Forces;
(C) review the situation with respect to civilian attorneys
outside the offices of the service general counsels and their
relationships to the Judge Advocates General and the General
Counsels;
(D) consider whether the ability of judge advocates to give
independent, professional legal advice to their service staffs
and to commanders at all levels in the field is adequately
provided for by policy and law; and
(E) consider whether the Judge Advocates General and
General Counsels possess the necessary authority to exercise
professional supervision over judge advocates, civilian attor-
neys, and other legal personnel practicing under their cog-
nizance in the performance of their duties.
(8) Not later than April 15, 2005, the panel shall submit a
report on the study and review required by paragraph (1) to the
Secretary of Defense. The report shall include the findings and
H. R. 4200—114
conclusions of the panel as a result of the study and review, together
with any recommendations for legislative or administrative action
that the panel considers appropriate. The Secretary of Defense
shall transmit the report, together with any comments the Secretary
wishes to provide, to the Committees on Armed Services of the
Senate and House of Representatives not later than May 1, 2005.
(9) In this section, the term ‘‘Armed Forces’’ does not include
the Coast Guard.
Subtitle K—Sexual Assault in the Armed
Forces
SEC. 576. EXAMINATION OF SEXUAL ASSAULT IN THE ARMED FORCES
BY 
THE 
DEFENSE 
TASK 
FORCE 
ESTABLISHED 
TO
EXAMINE SEXUAL HARASSMENT AND VIOLENCE AT THE
MILITARY SERVICE ACADEMIES.
(a) EXTENSION
OF TASK FORCE.—(1) The task force in the
Department of Defense established by the Secretary of Defense
pursuant to section 526 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1466)
to examine matters relating to sexual harassment and violence
at the United States Military Academy and United States Naval
Academy shall continue in existence for a period of at least 18
months after the date as of which the task force would otherwise
be terminated pursuant to subsection (i) of that section.
(2) Upon the completion of the functions of the task force
referred to in paragraph (1) pursuant to section 526 of the National
Defense Authorization Act for Fiscal Year 2004, the name of the
task force shall be changed to the Defense Task Force on Sexual
Assault in the Military Services, and the task force shall then
carry out the functions specified in this section. The task force
shall not begin to carry out the functions specified in this section
until it has completed its functions under such section 526.
(3) Before the task force extended under this subsection begins
to carry out the functions specified in this section, the Secretary
of Defense may, consistent with the qualifications required by sec-
tion 526(f) of Public Law 108–136, change the composition of the
task force as the Secretary considers appropriate for the effective
performance of such functions, except that—
(A) any change initiated by the Secretary in the member-
ship of the task force under this paragraph may not take
effect before the task force has completed its functions under
section 526 of Public Law 108–136; and
(B) the total number of members of the task force may
not exceed 14.
(b) EXAMINATION OF MATTERS RELATING TO SEXUAL ASSAULT
IN THE ARMED FORCES.—The task force shall conduct an examina-
tion of matters relating to sexual assault in cases in which members
of the Armed Forces are either victims or commit acts of sexual
assault.
(c) RECOMMENDATIONS.—The Task Force shall include in its
report under subsection (e) recommendations of ways by which
civilian officials within the Department of Defense and leadership
within the Armed Forces may more effectively address matters
relating to sexual assault. That report shall include an assessment
of, and recommendations (including any recommendations for
H. R. 4200—115
changes in law) for measures to improve, with respect to sexual
assault, the following:
(1) Victim care and advocacy programs.
(2) Effective prevention.
(3) Collaboration among military investigative organiza-
tions with responsibility or jurisdiction.
(4) Coordination and resource sharing between military
and civilian communities, including local support organizations.
(5) Reporting procedures, data collection, tracking of cases,
and use of data on sexual assault by senior military and civilian
leaders.
(6) Oversight of sexual assault programs, including develop-
ment of measures of the effectiveness of those programs in
responding to victim needs.
(7) Military justice issues.
(8) Progress in developing means to investigate and pros-
ecute assailants who are foreign nationals.
(9) Adequacy of resources supporting sexual assault preven-
tion and victim advocacy programs, particularly for deployed
units and personnel.
(10) Training of military and civilian personnel responsible
for implementation of sexual assault policies.
(11) Programs and policies, including those related to con-
fidentiality, designed to encourage victims to seek services and
report offenses.
(12) Other issues identified by the task force relating to
sexual assault.
(d) METHODOLOGY.—In carrying out its examination under sub-
section (b) and in formulating its recommendations under subsection
(c), the task force shall consider the findings and recommendations
of previous reviews and investigations of sexual assault conducted
by the Department of Defense and the Armed Forces.
(e) REPORT.—(1) Not later than one year after the initiation
of its examination under subsection (b), the task force shall submit
to the Secretary of Defense and the Secretaries of the Army, Navy,
and Air Force a report on the activities of the task force and
on the activities of the Department of Defense and the Armed
Forces to respond to sexual assault.
(2) The report shall include the following:
(A) A description of any barrier to implementation of
improvements as a result of previous efforts to address sexual
assault.
(B) Other areas of concern not previously addressed in
prior reports.
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law
that the task force considers appropriate.
(3) Within 90 days after receipt of the report under paragraph
(1), the Secretary of Defense shall submit the report, together
with the Secretary’s evaluation of the report, to the Committees
on Armed Services of the Senate and House of Representatives.
(f) TERMINATION.—The task force shall terminate 90 days after
the date on which the report of the task force is submitted to
the Committees on Armed Services of the Senate and House of
Representatives pursuant to subsection (e)(3).
H. R. 4200—116
SEC. 577. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON
PREVENTION AND RESPONSE TO SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) COMPREHENSIVE POLICY ON PREVENTION AND RESPONSE TO
SEXUAL ASSAULTS.—(1) Not later than January 1, 2005, the Sec-
retary of Defense shall develop a comprehensive policy for the
Department of Defense on the prevention of and response to sexual
assaults involving members of the Armed Forces.
(2) The policy shall be based on the recommendations of the
Department of Defense Task Force on Care for Victims of Sexual
Assaults and on such other matters as the Secretary considers
appropriate.
(3) Before developing the comprehensive policy required by
paragraph (1), the Secretary of Defense shall develop a definition
of sexual assault. The definition so developed shall be used in
the comprehensive policy under paragraph (1) and otherwise within
the Department of Defense and Coast Guard in matters involving
members of the Armed Forces. The definition shall be uniform
for all the Armed Forces and shall be developed in consultation
with the Secretaries of the military departments and the Secretary
of Homeland Security with respect to the Coast Guard.
(b) ELEMENTS OF COMPREHENSIVE POLICY.—The comprehensive
policy developed under subsection (a) shall, at a minimum, address
the following matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) Investigation of complaints by command and law
enforcement personnel.
(4) Medical treatment of victims.
(5) Confidential reporting of incidents.
(6) Victim advocacy and intervention.
(7) Oversight by commanders of administrative and discipli-
nary actions in response to substantiated incidents of sexual
assault.
(8) Disposition of victims of sexual assault, including review
by appropriate authority of administrative separation actions
involving victims of sexual assault.
(9) Disposition of members of the Armed Forces accused
of sexual assault.
(10) Liaison and collaboration with civilian agencies on
the provision of services to victims of sexual assault.
(11) Uniform collection of data on the incidence of sexual
assaults and on disciplinary actions taken in substantiated
cases of sexual assault.
(c) REPORT ON IMPROVEMENT OF CAPABILITY TO RESPOND TO
SEXUAL ASSAULTS.—Not later than March 1, 2005, the Secretary
of Defense shall submit to Congress a proposal for such legislation
as the Secretary considers necessary to enhance the capability
of the Department of Defense to address matters relating to sexual
assaults involving members of the Armed Forces.
(d) APPLICATION
OF
COMPREHENSIVE
POLICY
TO
MILITARY
DEPARTMENTS.—The Secretary of Defense shall ensure that, to the
maximum extent practicable, the policy developed under subsection
(a) is implemented uniformly by the military departments.
(e) POLICIES AND PROCEDURES OF MILITARY DEPARTMENTS.—
(1) Not later than March 1, 2005, the Secretaries of the military
H. R. 4200—117
departments shall prescribe regulations, or modify current regula-
tions, on the policies and procedures of the military departments
on the prevention of and response to sexual assaults involving
members of the Armed Forces in order—
(A) to conform such policies and procedures to the policy
developed under subsection (a); and
(B) to ensure that such policies and procedures include
the elements specified in paragraph (2).
(2) The elements specified in this paragraph are as follows:
(A) A program to promote awareness of the incidence of
sexual assaults involving members of the Armed Forces.
(B) A program to provide victim advocacy and intervention
for members of the Armed Force concerned who are victims
of sexual assault, which program shall make available, at home
stations and in deployed locations, trained advocates who are
readily available to intervene on behalf of such victims.
(C) Procedures for members of the Armed Force concerned
to follow in the case of an incident of sexual assault involving
a member of such Armed Force, including—
(i) specification of the person or persons to whom the
alleged offense should be reported;
(ii) specification of any other person whom the victim
should contact;
(iii) procedures for the preservation of evidence; and
(iv) procedures for confidential reporting and for con-
tacting victim advocates.
(D) Procedures for disciplinary action in cases of sexual
assault by members of the Armed Force concerned.
(E) Other sanctions authorized to be imposed in substan-
tiated cases of sexual assault, whether forcible or nonforcible,
by members of the Armed Force concerned.
(F) Training on the policies and procedures for all members
of the Armed Force concerned, including specific training for
members of the Armed Force concerned who process allegations
of sexual assault against members of such Armed Force.
(G) Any other matters that the Secretary of Defense con-
siders appropriate.
(f) ANNUAL REPORT ON SEXUAL ASSAULTS.—(1) Not later than
January 15 of each year, the Secretary of each military department
shall submit to the Secretary of Defense a report on the sexual
assaults involving members of the Armed Forces under the jurisdic-
tion of that Secretary during the preceding year. In the case of
the Secretary of the Navy, separate reports shall be prepared for
the Navy and for the Marine Corps.
(2) Each report on an Armed Force under paragraph (1) shall
contain the following:
(A) The number of sexual assaults against members of
the Armed Force, and the number of sexual assaults by mem-
bers of the Armed Force, that were reported to military officials
during the year covered by such report, and the number of
the cases so reported that were substantiated.
(B) A synopsis of, and the disciplinary action taken in,
each substantiated case.
(C) The policies, procedures, and processes implemented
by the Secretary concerned during the year covered by such
report in response to incidents of sexual assault involving mem-
bers of the Armed Force concerned.
H. R. 4200—118
(D) A plan for the actions that are to be taken in the
year following the year covered by such report on the prevention
of and response to sexual assault involving members of the
Armed Forces concerned.
(3) Each report under paragraph (1) for any year after 2005
shall include an assessment by the Secretary of the military depart-
ment submitting the report of the implementation during the pre-
ceding fiscal year of the policies and procedures of such department
on the prevention of and response to sexual assaults involving
members of the Armed Forces in order to determine the effective-
ness of such policies and procedures during such fiscal year in
providing an appropriate response to such sexual assaults.
(4) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
each report submitted to the Secretary under this subsection,
together with the comments of the Secretary on the report. The
Secretary shall submit each such report not later than March
15 of the year following the year covered by the report.
(5) For the report under this subsection covering 2004, the
applicable date under paragraph (1) is April 1, 2005, and the
applicable date under paragraph (4) is May 1, 2005.
Subtitle L—Management and
Administrative Matters
SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON REDUCTIONS
OF 
PERSONNEL 
OF 
AGENCIES 
RESPONSIBLE 
FOR
REVIEW AND CORRECTION OF MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is amended
by striking ‘‘During fiscal years 2003, 2004, and 2005,’’ and inserting
‘‘Before October 1, 2008,’’.
SEC. 582. STAFFING FOR DEFENSE PRISONER OF WAR/MISSING PER-
SONNEL OFFICE (DPMO).
(a) REPORT WHEN STAFFING IS BELOW PRESCRIBED LEVEL.—
Subparagraph (B) of section 1501(a)(5) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(B)’’;
(2) by inserting ‘‘, whether temporary or permanent,’’ after
‘‘civilian personnel’’; and
(3) by adding at the end the following:
‘‘(ii) If for any reason the number of military and civilian
personnel assigned or detailed to the office should fall below the
required level under clause (i), the Secretary of Defense shall
promptly notify the Committees on Armed Services of the Senate
and House of Representatives of the number of personnel so
assigned or detailed and of the Secretary’s plan to restore the
staffing level of the office to at least the required minimum number
under clause (i). The Secretary shall publish such notice and plan
in the Federal Register.’’.
(b) GAO STUDY.—Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
providing an assessment of staffing and funding levels for the
H. R. 4200—119
Defense Prisoner of War/Missing Personnel Office. The report shall
include—
(1) a description of changes, over the period from the incep-
tion of the office to the time of the submission of the report,
in the missions and mission requirements of the office, together
with a comparison of personnel and funding requirements of
the office over that period with actual manning and funding
levels over that period; and
(2) the Comptroller General’s assessment of the adequacy
of current manning and funding levels for that office in light
of current mission requirements.
SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPENDENTS AGE 75
AND OLDER.
(a) IN GENERAL.—(1) Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 1060b. Military ID cards: dependents and survivors of
retirees; issuance of permanent ID card after
attaining 75 years of age
‘‘(a) PERMANENT ID CARD AFTER AGE 75.—In issuing military
ID cards to retiree dependents, the Secretary concerned shall issue
a permanent ID card (not subject to renewal) to any such retiree
dependent who has attained 75 years of age. Such a permanent
ID card shall be issued upon the expiration, after the retiree
dependent attains 75 years of age, of any earlier, renewable military
ID card or, if earlier, upon the request of such a retiree dependent
after attaining age 75.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘military ID card’ means a card or other
form of identification used for purposes of demonstrating eligi-
bility for any benefit from the Department of Defense.
‘‘(2) The term ‘retiree dependent’ means a person who is
a dependent of a retired member of the uniformed services,
or a survivor of a deceased retired member of the uniformed
services, who is eligible for any benefit from the Department
of Defense.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1060b. Military ID cards: dependents and survivors of retirees; issuance of perma-
nent ID card after attaining 75 years of age.’’.
(b) EFFECTIVE DATE.—Section 1060b of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 2004.
SEC. 584. AUTHORITY TO FURNISH CIVILIAN CLOTHING TO MEMBERS
TRAVELING IN CONNECTION WITH MEDICAL EVACU-
ATION.
(a) AUTHORITY.—Section 1047 of title 10, United States Code,
is amended—
(1) by inserting ‘‘(b) CERTAIN ENLISTED MEMBERS.—’’ before
‘‘The Secretary’’; and
(2) by inserting after the section heading the following:
‘‘(a) MEMBERS
TRAVELING
IN
CONNECTION
WITH
MEDICAL
EVACUATION.—The Secretary of the military department concerned
may furnish civilian clothing to a member at a cost not to exceed
H. R. 4200—120
$250, or reimburse a member for the purchase of civilian clothing
in an amount not to exceed $250, in the case of a member who—
‘‘(1) is medically evacuated for treatment in a medical
facility by reason of an illness or injury incurred or aggravated
while on active duty; or
‘‘(2) after being medically evacuated as described in para-
graph (1), is in an authorized travel status from a medical
facility to another location approved by the Secretary.’’.
(b) EFFECTIVE DATE.—Subsection (a) of section 1047 of title
10, United States Code, as added by subsection (a), shall take
effect as of October 1, 2004, and (subject to subsection (c)) shall
apply with respect to clothing furnished, and reimbursement for
clothing purchased, on or after that date.
(c) RETROACTIVE APPLICATION.—With respect to the period
beginning on October 1, 2004, and ending on the date of the enact-
ment of this Act, the Secretary of Defense shall provide for sub-
section (a) of section 1047 of title 10, United States Code, as
added by subsection (a), to be applied as a continuation of the
authority provided in section 1319 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108–11; 117
Stat. 571), as continued in effect during fiscal year 2004 by section
1103 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108–106; 117 Stat. 1214).
SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER
MILES, CREDITS, AND TICKETS TO FACILITATE REST AND
RECUPERATION TRAVEL OF DEPLOYED MEMBERS OF
THE ARMED FORCES AND THEIR FAMILIES.
(a) OPERATION HERO MILES.—(1) Chapter 155 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2613. Acceptance of frequent traveler miles, credits, and
tickets; use to facilitate rest and recuperation
travel of deployed members and their families
‘‘(a) AUTHORITY TO ACCEPT DONATION OF TRAVEL BENEFITS.—
Subject to subsection (c), the Secretary of Defense may accept
from any person or government agency the donation of travel bene-
fits for the purposes of use under subsection (d).
‘‘(b) TRAVEL BENEFIT DEFINED.—In the section, the term ‘travel
benefit’ means frequent traveler miles, credits for tickets, or tickets
for air or surface transportation issued by an air carrier or a
surface carrier, respectively, that serves the public.
‘‘(c) CONDITION ON AUTHORITY TO ACCEPT DONATION.—The Sec-
retary may accept a donation of a travel benefit under this section
only if the air or surface carrier that is the source of the benefit
consents to such donation. Any such donation shall be under such
terms and conditions as the surface carrier may specify, and the
travel benefit so donated may be used only in accordance with
the rules established by the carrier.
‘‘(d) USE
OF DONATED TRAVEL BENEFITS.—A travel benefit
accepted under this section may be used only for the purpose
of—
‘‘(1) facilitating the travel of a member of the armed forces
who—
H. R. 4200—121
‘‘(A) is deployed on active duty outside the United
States away from the permanent duty station of the
member in support of a contingency operation; and
‘‘(B) is granted, during such deployment, rest and recu-
perative leave, emergency leave, convalescent leave, or
another form of leave authorized for the member; or
‘‘(2) in the case of a member of the armed forces
recuperating from an injury or illness incurred or aggravated
in the line of duty during such a deployment, facilitating the
travel of family members of the member in order to be reunited
with the member.
‘‘(e) ADMINISTRATION.—(1) The Secretary shall designate a
single office in the Department of Defense to carry out this section.
That office shall develop rules and procedures to facilitate the
acceptance and distribution of travel benefits under this section.
‘‘(2) For the use of travel benefits under subsection (d)(2) by
family members of a member of the armed forces, the Secretary
may, as the Secretary determines appropriate, limit—
‘‘(A) eligibility to family members who, by reason of affinity,
degree of consanguinity, or otherwise, are sufficiently close
in relationship to the member of the armed forces to justify
the travel assistance;
‘‘(B) the number of family members who may travel; and
‘‘(C) the number of trips that family members may take.
‘‘(3) The Secretary of Defense may, in an exceptional case,
authorize a person not described in subsection (d)(2) to use a travel
benefit accepted under this subsection to visit a member of the
armed forces described in subsection (d)(1) if that person has a
notably close relationship with the member. The travel benefit
may be used by such person only in accordance with such conditions
and restrictions as the Secretary determines appropriate and the
rules established by the air carrier or surface carrier that is the
source of the travel benefit.
‘‘(f) SERVICES OF NONPROFIT ORGANIZATION.—The Secretary of
Defense may enter into an agreement with a nonprofit organization
to use the services of the organization—
‘‘(1) to promote the donation of travel benefits under this
section, except that amounts appropriated to the Department
of Defense may not be expended for this purpose; and
‘‘(2) to assist in administering the collection, distribution,
and use of travel benefits under this section.
‘‘(g) FAMILY MEMBER DEFINED.—In this section, the term ‘family
member’ has the meaning given that term in section 411h(b)(1)
of title 37.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate
rest and recuperation travel of deployed members and their families.’’.
(b) TAX TREATMENT OF TRAVEL BENEFITS DONATED FOR OPER-
ATION HERO MILES.—
(1) EXCLUSION FROM GROSS INCOME.—Subsection (b) of sec-
tion 134 of the Internal Revenue Code of 1986 (defining quali-
fied military benefit) is amended by adding at the end the
following new paragraph:
‘‘(5) TRAVEL
BENEFITS
UNDER
OPERATION
HERO
MILES.—
The term ‘qualified military benefit’ includes a travel benefit
H. R. 4200—122
provided under section 2613 of title 10, United States Code
(as in effect on the date of the enactment of this paragraph).’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 134(b)(3)(A) of such Code is amended by
striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and
(5)’’.
(B) Section 3121(a)(18) of such Code is amended by
striking 
‘‘or 
134(b)(4)’’ 
and 
inserting 
‘‘134(b)(4), 
or
134(b)(5)’’.
(C) Section 3306(b)(13) of such Code is amended by
striking 
‘‘or 
134(b)(4)’’ 
and 
inserting 
‘‘134(b)(4), 
or
134(b)(5)’’.
(D) Section 3401(a)(18) of such Code is amended by
striking 
‘‘or 
134(b)(4)’’ 
and 
inserting 
‘‘134(b)(4), 
or
134(b)(5)’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to travel benefits provided after the date
of the enactment of this Act.
SEC. 586. ANNUAL REPORT IDENTIFYING REASONS FOR DISCHARGES
FROM THE ARMED FORCES DURING PRECEDING FISCAL
YEAR.
(a) REPORT REQUIRED.—Not later than March 1 each year
through 2011, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of Representatives
a report on discharges from the Army, Navy, Air Force, and Marine
Corps during the preceding fiscal year.
(b) MATTERS TO BE INCLUDED.—Each such report shall show,
in the aggregate and for each of those Armed Forces, the following:
(1) The total number of persons discharged during the
preceding fiscal year.
(2) For each separation code, and for each reenlistment
eligibility code, used by the Armed Forces, the number of those
discharged persons assigned that code.
(3) For the persons assigned each such separation code,
classification of discharges by age, by sex, by race, by military
rank or grade, by time in service, by unit (shown at the small
unit level), by military occupational specialty (or the equiva-
lent), and by reenlistment eligibility code.
(c) USE
OF GENERIC SEPARATION CODES.—In preparing the
reports under this section, the Secretary shall use a generic inter-
service separation code that provides similar, and consistent, data
across the services.
SEC. 587. STUDY OF BLENDED WING CONCEPT FOR THE AIR FORCE.
(a) STUDY REQUIRED.—Not later than March 1, 2005, the Sec-
retary of the Air Force shall submit to Congress a report on the
blended wing concept for the Air Force. The report shall include
the Secretary’s findings as to the characteristics and locations that
are considered favorable for a blended wing, a description of the
manner in which current blended wings are functioning, and a
statement of the current and future plans of the Air Force to
implement the blended wing concept.
(b) SELECTION CRITERIA.—The report shall include a description
of the criteria and attributes that the Secretary requires when
choosing units to become blended wings.
H. R. 4200—123
SEC. 588. SENSE OF CONGRESS REGARDING RETURN OF MEMBERS
TO ACTIVE DUTY SERVICE UPON REHABILITATION FROM
SERVICE-RELATED INJURIES.
(a) FINDINGS.—Congress makes the following findings:
(1) The generation of young people currently serving on
active duty in the Armed Forces, which history will record
as being among the greatest, has shown in remarkable numbers
an individual resolve to recover from injuries incurred in such
service and to return to active service in the Armed Forces.
(2) Since September 11, 2001, numerous brave soldiers,
sailors, airmen, and Marines have incurred serious combat
injuries, including (as of June 2004) approximately 100 mem-
bers of the Armed Forces who have been fitted with artificial
limbs as a result of devastating injuries sustained in combat
overseas.
(3) In cases involving combat-related injuries and other
service-related injuries, it is possible, as a result of advances
in technology and extensive rehabilitative services, to restore
to members of the Armed Forces sustaining such injuries the
capability to resume the performance of active military service,
including, in a few cases, the capability to participate directly
in the performance of combat missions.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) a member of the Armed Forces who on the member’s
own initiative is highly motivated to return to active duty
service following rehabilitation from injuries incurred in service
in the Armed Forces should, after appropriate medical review
and physical disability evaluation, be given the opportunity
to present the member’s case for continuing to serve on active
duty in varied military capacities;
(2) other than appropriate medical review and physical
disability evaluation, there should be no barrier in policy or
law to such a member having the option to return to military
service on active duty; and
(3) the Secretary of Defense should develop specific proto-
cols that include options for such members to return to active
duty service and to be retrained to perform military missions
for which they are fully capable.
Subtitle M—Other Matters
SEC. 591. PROTECTION OF ARMED FORCES PERSONNEL FROM
RETALIATORY ACTIONS FOR COMMUNICATIONS MADE
THROUGH THE CHAIN OF COMMAND.
(a) PROTECTED COMMUNICATIONS.—Section 1034(b)(1)(B) of title
10, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (iii)’’; and
(2) by striking clause (iv) and inserting the following:
‘‘(iv) any person or organization in the chain of com-
mand; or
‘‘(v) any other person or organization designated pursu-
ant to regulations or other established administrative
procedures for such communications.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
apply with respect to any unfavorable personnel action taken or
threatened, and any withholding of or threat to withhold a favorable
H. R. 4200—124
personnel action, on or after the date of the enactment of this
Act.
SEC. 592. IMPLEMENTATION PLAN FOR ACCESSION OF PERSONS WITH
SPECIALIZED SKILLS.
(a) PLAN
FOR
ACCESSION
OF
PERSONS
WITH
SPECIALIZED
SKILLS.—(1) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a plan for implementation of authority, if subsequently provided
by law, to allow for accession into the Armed Forces, on a special
or lateral-entry basis, of persons with specialized skills, for duty
involving the use of such skills.
(2) The plan under paragraph (1) shall address matters such
as projected numbers of enlistments and appointments, initial rank
or grade, projected enlistment and re-enlistment bonuses and pays,
projected length of service obligation (if any), minimum time of
active duty requirements, the potential effect the use of such
authority would have on other special or lateral-entry programs
(such as those applicable to physicians), and such other matters
as the Secretary considers appropriate.
(3) The Secretary shall include with the plan submitted under
paragraph (1) a comparison of that plan with an alternative for
meeting the specialized skills required by the Armed Forces through
the use of civilain contractor personnel.
(b) CIVILIAN SKILLS CORPS FEASIBILITY STUDY.—(1) The Sec-
retary of Defense shall conduct a feasibility study of how to imple-
ment a system that would make civilian volunteers, with skills
determined by the Secretary to be critical, rapidly available for
use in, or in support of, units of the Armed Force on a temporary
basis to meet no-notice, or short-notice, operational requirements.
In conducting the study, the Secretary shall examine a range of
options, including—
(A) a system that would embed on short notice in military
units civilian volunteers who were not part of the military,
but who possessed highly required skills that were in short
supply in the Armed Forces; and
(B) a system to provide for the accession into the active
or reserve components of persons with critical skills required
by the Armed Forces for whom the Secretary could prescribe
varying lengths of service and training requirements.
(2) The Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the results of the study
under paragraph (1) not later than March 31, 2005.
SEC. 593. ENHANCED SCREENING METHODS AND PROCESS IMPROVE-
MENTS FOR RECRUITMENT OF HOME SCHOOLED AND
NATIONAL GUARD CHALLENGE PROGRAM GED RECIPI-
ENTS.
(a) ENHANCED SCREEING METHODS
AND PROCESS IMPROVE-
MENTS.—(1) The Secretary of the Army shall carry out an
initiative—
(A) to develop screening methods and process improvements
for recruiting specified GED recipients so as to achieve attrition
patterns, among the GED recipients so recruited, that match
attrition patterns for Army recruits who are high school diploma
graduates; and
H. R. 4200—125
(B) subject to subsection (b), to implement such screening
methods and process improvements on a test basis.
(2) For purposes of this section, the term ‘‘specified GED recipi-
ents’’ means persons who receive a General Educational Develop-
ment (GED) certificate as a result of home schooling or the comple-
tion of a program under the National Guard Challenge program.
(b) SECRETARY
OF DEFENSE REVIEW.—Before the screening
methods and process improvements developed under subsection
(a)(1) are put into effect under subsection (a)(2), the Secretary
of Defense shall review the proposed screening methods and process
improvements. Based on such review, the Secretary of Defense
either shall approve the use of such screening methods and process
improvements for testing (with such modifications as the Secretary
may direct) or shall disapprove the use of such methods and process
improvements on a test basis.
(c) SECRETARY
OF DEFENSE DECISION.—If the Secretary of
Defense determines under subsection (b) that the screening methods
and process improvements developed under subsection (a)(1) should
be implemented on a test basis, then upon completion of the test
period, the Secretary of Defense shall, after reviewing the results
of the test program, determine whether the new screening methods
and process improvements developed by the Army should be
extended throughout the Department for recruit candidates identi-
fied by the new procedures to be considered tier 1 recruits.
(d) REPORTS.—(1) If the Secretary of Defense determines under
subsection (b) that the screening methods and process improvements
developed under subsection (a)(1) should not be implemented on
a test basis, the Secretary of Defense shall, not later than 90
days thereafter, notify the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives of such determination, together with the reasons
of the Secretary for such determination.
(2) If the Secretary of Defense determines under subsection
(b) that the screening methods and process improvements developed
under subsection (a)(1) should be implemented on a test basis,
the Secretary of the Army shall submit to the committees specified
in paragraph (1) a report on the results of the testing. The report
shall be submitted not later than March 31, 2009, except that
if the Secretary of Defense directs an earlier termination of the
testing initiative, the Secretary of the Army shall submit the report
under this paragraph not later than 180 days after such termi-
nation. Such report shall include the determination of the Secretary
of Defense under subsection (c). If that determination is that the
methods and processes tested should not be extended to the other
services, the report shall include the Secretary’s rationale for not
recommending such extension.
SEC. 594. REDESIGNATION OF NATIONAL GUARD CHALLENGE PRO-
GRAM AS NATIONAL GUARD YOUTH CHALLENGE PRO-
GRAM.
(a) REDESIGNATION.—Section 509 of title 32, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘National Guard Challenge Program’’
the first place it appears and inserting ‘‘National Guard
Youth Challenge Program’’; and
H. R. 4200—126
(B) by striking ‘‘National Guard Challenge Program’’
the second place it appears and inserting ‘‘Program’’;
(2) by striking ‘‘National Guard Challenge Program’’ each
place it appears in subsections (b) through (k) and subsection
(m) and inserting ‘‘Program’’;
(3) by striking ‘‘program’’ each place it appears in sub-
sections (b), (g), (i)(2)(A), (j), (k), and (m) and inserting ‘‘Pro-
gram’’; and
(4) in subsection (l), by adding at the end the following
new paragraph:
‘‘(3) The term ‘Program’ means the National Guard Youth
Challenge Program carried out pursuant to this section.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 509. 
National 
Guard 
Youth 
Challenge 
Program 
of
opportunities for civilian youth’’.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section 509
and inserting the following new item:
‘‘509. National Guard Youth Challenge Program of opportunities for civilian youth.’’.
SEC. 595. REPORTS ON CERTAIN MILESTONES RELATING TO DEPART-
MENT OF DEFENSE TRANSFORMATION.
(a) 
MILITARY-TO-CIVILIAN
CONVERSIONS.—Not 
later 
than
January 31, 2005, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report pro-
viding information as to the number of positions in the Department
of Defense that were converted during fiscal year 2004 from
performance by military personnel to performance by civilian per-
sonnel of the Department of Defense or contractor personnel. The
report shall include the following:
(1) A description of the skill sets of the military positions
converted.
(2) Specification of the total cost of the conversions and
how that cost is being met.
(3) The number of positions in the Department of Defense
projected for such conversion during the period from March
1, 2005, through January 31, 2006.
(b) MILITARY-TO-MILITARY
CONVERSIONS.—Not later than
March 31 of each of 2005, 2006, and 2007, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on—
(1) the number of units, by type, converted from one pri-
mary military capability to another during the previous fiscal
year and, for each such unit, what the new unit designation
and new military capabilities are;
(2) the number of military personnel, by military skill,
who have converted during the previous fiscal year from one
primary military skill to another, with a listing of the military
skills to which the individuals converted;
(3) a description of the military unit and military personnel
conversions planned for the upcoming fiscal year; and
(4) a statement of whether the overall unit and military
personnel conversions planned for the previous fiscal year were
H. R. 4200—127
met, and for each such planned conversion, the reasons why
the planned conversion was or was not met.
(c) ARMY TRANSFORMATION TO BRIGADE STRUCTURE.—The Sec-
retary of the Army shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services of the
House of Representatives an annual report on the status of the
internal transformation of the Army from a division-orientated force
to a brigade-orientated force. Such report shall be submitted not
later than March 31 of each year, except that the requirement
to submit such annual report shall terminate when the Secretary
of the Army submits to those committees the Secretary’s certifi-
cation that the transformation of the Army to a brigade-orientated
force has been completed. Upon the submission of such certification,
the Secretary shall publish in the Federal Register notice of that
certification and that the statutory requirement to submit an annual
report under this subsection has terminated.
SEC. 596. REPORT ON ISSUES RELATING TO REMOVAL OF REMAINS
OF PERSONS INTERRED IN UNITED STATES MILITARY
CEMETERIES OVERSEAS.
(a) STUDY.—The Secretary of the Army shall examine the issues
relating to requests for disinterment of remains of persons buried
in United States overseas military cemeteries. The examination
shall include the following:
(1) A review of the historical facts involved in establishing
the United States overseas military cemeteries and in deter-
mining the criteria for interment in those cemeteries.
(2) An examination of the processes for ensuring that the
initial disposition decision with respect to the remains of any
decedent was carried out, together with a review and expla-
nation of the existing policy and procedures regarding request
for disinterment and any exceptions that have been made.
(3) An analysis of the potential reasons for justifying dis-
interment of remains from those cemeteries, including error,
misunderstanding, and change of decision by the original
responsible next of kin or other family member or group of
family members.
(4) An analysis of the potential impact on the operation
of United States overseas military cemeteries of permitting
disinterment of remains from those cemeteries.
(b) REPORT.—Not later than September 30, 2005, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on the results of the examination under subsection
(a). The report shall include the following:
(1) The matters specified in paragraphs (1), (2), (3), and
(4) of subsection (a).
(2) A description of the changes to policy criteria and proce-
dures that would be necessary to support a system for
requesting and authorizing disinterment of such remains.
(3) The recommendations of the Secretary of the Army
and the American Battle Monuments Commission for changing
current policy and procedures with respect to such disinter-
ments.
(c) CONSULTATION WITH ABMC.—The Secretary shall carry
out the examination under subsection (a) and prepare the report
H. R. 4200—128
under subsection (b) in consultation with the American Battle
Monuments Commission.
(d) ABMC ASSISTANCE.—The American Battle Monuments
Commission shall provide the Secretary of the Army such assistance
as the Secretary may require in carrying out this section.
(e) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘United States overseas military cemetery’’
means a cemetery located in a foreign country that is adminis-
tered by the Secretary of a military department or the American
Battle Monuments Commission.
(2) The term ‘‘initial disposition decision’’, with respect
to the remains of a person who died outside the United States
and was interred in a United States overseas military cemetery,
means a decision by a family member (or other designated
person) as to the disposition (in accordance with laws and
regulations in effect at the time) of the remains of the deceased
person, such decision being to have the remains interred in
a United States overseas military cemetery (rather than to
have those remains transported to the United States for inter-
ment or other disposition in the United States).
SEC. 597. COMPTROLLER GENERAL REPORTS ON CLOSURE OF
DEPARTMENT OF DEFENSE DEPENDENT ELEMENTARY
AND SECONDARY SCHOOLS AND COMMISSARY STORES.
(a) REPORT
ON DEFENSE DEPENDENT SCHOOLS.—The Comp-
troller General shall prepare a report containing—
(1) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by
the Department, regarding the closure of Department of
Defense dependent elementary and secondary schools, including
whether or not such policy and criteria are consistent with
Department policies and procedures on the preservation of the
quality of life of members of the Armed Forces and their depend-
ents; and
(2) an assessment by the Comptroller General of any cur-
rent or on-going studies or assessments of the Department
with respect to any of the schools.
(b) REPORT ON COMMISSARY STORES.—The Comptroller General
shall prepare a report containing—
(1) an assessment by the Comptroller General of the policy
of the Department of Defense, and the criteria utilized by
the Department, regarding the closure of commissary stores,
including whether or not such policy and criteria are consistent
with Department policies and procedures on the preservation
of the quality of life of members of the Armed Forces and
their dependents; and
(2) an assessment by the Comptroller General of any cur-
rent or on-going studies or assessments of the Department
with respect to any of the commissary stores.
(c) SUBMISSION OF REPORTS.—The Comptroller General shall
submit the reports required by this section to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives not later than 180 days after
the date of the enactment of this Act.
H. R. 4200—129
SEC. 598. COMPTROLLER GENERAL REPORT ON TRANSITION ASSIST-
ANCE PROGRAMS FOR MEMBERS SEPARATING FROM
THE ARMED FORCES.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall submit
to Congress a report evaluating the programs of the Department
of Defense and other Federal agencies under which transition assist-
ance is provided to members of the Armed Forces who are sepa-
rating from active duty service.
(b) ELEMENTS OF REPORT.—(1) With regard to the transition
assistance programs under section 1142 and 1144 of title 10, United
States Code, the report required by subsection (a) shall include—
(A) an analysis of the extent to which such programs are
meeting the current needs of members of the Armed Forces
as they are discharged or released from active duty;
(B) a discussion of the original purposes of the programs;
(C) a discussion of how the programs are currently being
administered in relationship to those purposes;
(D) an assessment of whether the programs are adequate
to meet the current needs of members of the reserve compo-
nents; and
(E) such recommendations as the Comptroller General con-
siders appropriate for improving such programs, including any
recommendation regarding whether participation by members
of the Armed Forces in such programs should be required.
(2) The report shall include an analysis of any differences
among the Armed Forces and among the commands of military
installations of the Armed Forces regarding how transition assist-
ance is being provided under the transition assistance programs
and such recommendations as the Comptroller General considers
appropriate—
(A) to achieve uniformity in the provision of assistance
under such programs; and
(B) to ensure that the transition assistance is provided
under such programs to members of the Armed Forces who
are being separated at medical facilities of the uniformed serv-
ices or Department of Veterans Affairs medical centers and
to Armed Forces personnel on a temporary disability retired
list under section 1202 or 1205 of title 10, United States Code.
(3) The report shall include—
(A) an analysis of the relationship between the Department
of Defense transition assistance programs and the transition
assistance programs of the Department of Veterans Affairs
and the Department of Labor, including the relationship
between the benefits delivery at discharge program carried
out jointly by the Department of Defense and the Department
of Veterans Affairs and the other transition assistance pro-
grams; and
(B) an assessment of the quality and thoroughness of
information being provided during preseparation briefings
under such transition assistance programs regarding the full
range of benefits available to qualified members of the Armed
Forces under programs operated by the Department of Veterans
Affairs and the requirements for qualifying for those benefits.
(4) The report shall specify the rates of participation of members
of the Armed Forces in the transition assistance programs and
include such recommendations as the Comptroller General considers
H. R. 4200—130
appropriate to increase such participation rates, including any rec-
ommendations regarding revisions of such programs that could
result in increased participation by members.
(5) The report shall include—
(A) an assessment of whether the transition assistance
information provided to members of the Armed Forces omits
any transition information that would be beneficial to members;
(B) an assessment of the extent to which information is
provided under the transition assistance programs regarding
participation in Federal procurement opportunities available
at prime contract and subcontract levels to veterans with
service-connected disabilities and other veterans; and
(C) such recommendations as the Comptroller General con-
siders appropriate regarding additional information that should
be provided and any other recommendations that the Comp-
troller General considers appropriate for enhancing the provi-
sion of counseling on such procurement opportunities.
(6) The report shall include—
(A) an assessment of the extent to which representatives
of military service organizations and veterans’ service organiza-
tions are afforded opportunities to participate, and do partici-
pate, in preseparation briefings under transition assistance pro-
grams;
(B) an assessment of the effectiveness and usefulness of
the role that military service organizations and veterans’ service
organizations are playing in the preseparation briefing process;
and
(C) such recommendations as the Comptroller General con-
siders appropriate regarding whether such organizations should
be given a more formal role in the preseparation briefing
process and how representatives of such organizations could
better be used to disseminate transition assistance information
and provide preseparation counseling to members of the Armed
Forces, including members who are being released from active
duty for continuation of service in a reserve component.
(7) The report shall include an analysis of the use of post-
deployment and predischarge health screenings and such rec-
ommendations as the Comptroller General considers appropriate
regarding whether and how to integrate the health screening
process and the transition assistance programs into a single, coordi-
nated preseparation program for members of the Armed Forces
being discharged or released from active duty.
(8) The report shall include an analysis of the processes of
the Armed Forces for conducting physical examinations of members
of the Armed Forces in connection with discharge and release
from active duty, including—
(A) how post-deployment questionnaires are used;
(B) the extent to which members of the Armed Forces
waive the physical examinations; and
(C) how, and the extent to which, members of the Armed
Forces are referred for follow-up health care.
(9) The report shall include a discussion of the current process
by which mental health screenings are conducted, follow-up mental
health care is provided for, and services are provided in cases
of post-traumatic stress disorder and related conditions for members
of the Armed Forces in connection with discharge and release
from active duty, together with—
H. R. 4200—131
(A) for each of the Armed Forces, the programs that are
in place to identify and treat cases of post-traumatic stress
disorder and related conditions; and
(B) for persons returning from deployments in connection
with Operation Enduring Freedom and Operation Iraqi
Freedom—
(i) the number of persons treated as a result of such
screenings; and
(ii) the types of interventions.
(c) ACQUISITION OF SUPPORTING INFORMATION.—In preparing
the report under subsection (a), the Comptroller General shall seek
to obtain views from the following persons:
(1) The Secretary of Defense and the Secretaries of the
military departments.
(2) The Secretary of Veterans Affairs.
(3) The Secretary of Labor.
(4) Members of the Armed Forces who have received transi-
tion assistance under the programs covered by the report and
members of the Armed Forces who have declined to accept
transition assistance offered under such programs.
(5) Representatives of military service organizations and
representatives of veterans’ service organizations.
(6) Persons having expertise in health care (including
mental health care) provided under the Defense Health Pro-
gram, including Department of Defense personnel, Department
of Veterans Affairs personnel, and persons in the private sector.
SEC. 599. STUDY ON COORDINATION OF JOB TRAINING STANDARDS
WITH 
CERTIFICATION 
STANDARDS 
FOR 
MILITARY
OCCUPATIONAL SPECIALTIES.
(a) STUDY REQUIRED.—The Secretary of Defense and the Sec-
retary of Labor shall jointly carry out a study to determine ways
to coordinate the standards applied by the Armed Forces for the
training and certification of members of the Armed Forces in mili-
tary occupational specialties with the standards that are applied
to corresponding civilian occupations by occupational licensing or
certification agencies of governments and occupational certification
agencies in the private sector.
(b) SUBMISSION OF REPORT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Labor
shall submit to Congress a report containing the results of the
study under subsection (a).
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2005.
Sec. 602. Relationship between eligibility to receive supplemental subsistence al-
lowance and eligibility to receive imminent danger pay, family separa-
tion allowance, and certain Federal assistance.
Sec. 603. Authority to provide family separation basic allowance for housing.
Sec. 604. Geographic basis for housing allowance during short-assignment perma-
nent changes of station for education or training.
Sec. 605. Immediate lump-sum reimbursement for unusual nonrecurring expenses
incurred for duty outside the continental United States.
Sec. 606. Authority for certain members deployed in combat zones to receive lim-
ited advances on future basic pay.
H. R. 4200—132
Sec. 607. Repeal of requirement that members entitled to basic allowance for sub-
sistence pay subsistence charges while hospitalized.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Authority to provide hazardous duty incentive pay to military firefighters.
Sec. 616. Reduced service obligation for nurses receiving nurse accession bonus.
Sec. 617. Assignment incentive pay.
Sec. 618. Modification of active and reserve component reenlistment and enlistment
bonus authorities.
Sec. 619. Bonus for certain initial service of officers in the Selected Reserve.
Sec. 620. Revision of authority to provide foreign language proficiency pay.
Sec. 621. Eligibility of enlisted members to qualify for critical skills retention bonus
while serving on indefinite reenlistment.
Sec. 622. Eligibility of reserve component members for incentive bonus for conver-
sion to military occupational specialty to ease personnel shortage.
Sec. 623. Permanent increase in authorized amounts for imminent danger special
pay and family separation allowance.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for family members to attend burial
ceremony or memorial service of member who dies on duty.
Sec. 632. Transportation of family members incident to serious illness or injury of
members of the uniformed services.
Sec. 633. Reimbursement for certain lodging costs incurred in connection with de-
pendent student travel.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Computation of high-36 month average for reserve component members
retired for disability while on active duty or dying while on active duty.
Sec. 642. Repeal of phase-in of concurrent receipt of retired pay and veterans’ dis-
ability compensation for military retirees with service-connected disabil-
ities rated as 100 percent.
Sec. 643. Death benefits enhancement.
Sec. 644. Phased elimination of two-tier annuity computation for surviving spouses
under Survivor Benefit Plan.
Sec. 645. One-year open enrollment period for Survivor Benefit Plan commencing
October 1, 2005.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Consolidation and reorganization of legislative provisions regarding de-
fense commissary system and exchanges and other morale, welfare, and
recreation activities.
Sec. 652. Consistent State treatment of Department of Defense Nonappropriated
Fund Health Benefits Program.
Subtitle F—Other Matters
Sec. 661. Eligibility of members for reimbursement of expenses incurred for adop-
tion placements made by foreign governments.
Sec. 662. Clarification of education loans qualifying for education loan repayment
program for reserve component health professions officers.
Sec. 663. Receipt of pay by reservists from civilian employers while on active duty
in connection with a contingency operation.
Sec. 664. Relief for mobilized reservists from certain Federal agricultural loan obli-
gations.
Sec. 665. Survey and analysis of effect of extended and frequent mobilization of re-
servists for active duty service on reservist income.
Sec. 666. Study of disability benefits for veterans of service in the Armed Forces
with service-connected disabilities.
H. R. 4200—133
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment
to become effective during fiscal year 2005 required 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, 2005,
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 3.5 percent.
SEC. 602. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE SUPPLE-
MENTAL SUBSISTENCE ALLOWANCE AND ELIGIBILITY TO
RECEIVE IMMINENT DANGER PAY, FAMILY SEPARATION
ALLOWANCE, AND CERTAIN FEDERAL ASSISTANCE.
(a) ENTITLEMENT NOT AFFECTED
BY RECEIPT
OF IMMINENT
DANGER PAY AND FAMILY SEPARATION ALLOWANCE.—Subsection (b)
of section 402a of title 37, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘the Secretary—’’ and
all that follows through ‘‘shall take into consideration’’ and
inserting ‘‘the Secretary concerned shall take into consider-
ation’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) In determining whether a member meets the eligibility
criteria under paragraph (1), the Secretary concerned shall not
take into consideration—
‘‘(A) the amount of the supplemental subsistence allowance
that is payable under this section;
‘‘(B) the amount of any special pay that is payable to
the member under section 310 of this section, relating to duty
subject to hostile fire or imminent danger; or
‘‘(C) the amount of any family separation allowance that
is payable to the member under section 427 of this title.’’.
(b) RELATION TO OTHER FEDERAL ASSISTANCE.—Such section
is further amended—
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.—(1) A child
or spouse of a member of the armed forces receiving the supple-
mental subsistence allowance under this section who, except on
account of the receipt of such allowance, would be eligible to receive
a benefit described in paragraph (2) shall be considered to be
eligible for that benefit notwithstanding the receipt of such allow-
ance.
‘‘(2) The benefits referred to in paragraph (1) are as follows:
‘‘(A) Assistance provided under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
‘‘(B) Assistance provided under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
‘‘(C) A service provided under the Head Start Act (42 U.S.C.
9831 et seq.).
‘‘(D) Assistance under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
H. R. 4200—134
‘‘(3) A household that includes a member of the armed forces
receiving the supplemental subsistence allowance under this section
and that, except on account of the receipt of such allowance, would
be eligible to receive a benefit under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered
to be eligible for that benefit notwithstanding the receipt of such
allowance.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply in determining, on or after the date of the enactment
of this Act, the eligibility of a person for a supplemental subsistence
allowance under section 402a of title 37, United States Code, or
for Federal assistance under a law specified in subsection (g) of
such section, as so amended.
SEC. 603. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOW-
ANCE FOR HOUSING.
Section 403(d) of title 37, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘is entitled to’’ and
inserting ‘‘may be paid’’; and
(2) in paragraph (4), by striking the first sentence and
inserting the following new sentence: ‘‘A family separation basic
allowance for housing paid to a member under this subsection
is in addition to any other allowance or per diem that the
member receives under this title.’’.
SEC. 604. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING
SHORT-ASSIGNMENT PERMANENT CHANGES OF STATION
FOR EDUCATION OR TRAINING.
Section 403(d) of title 37, United States Code, as amended
by section 603, is further amended—
(1) in the subsection heading, by striking ‘‘ARE UNABLE
TO’’ and inserting ‘‘DO NOT’’; and
(2) in paragraph (3), by adding at the end the following
new subparagraph:
‘‘(C) If the member is reassigned for a permanent change
of station or permanent change of assignment from a duty
station in the United States to another duty station in the
United States for a period of not more than one year for
the purpose of participating in professional military education
or training classes, the amount of the basic allowance for
housing for the member may be based on whichever of the
following areas the Secretary concerned determines will provide
the more equitable basis for the allowance:
‘‘(i) The area of the duty station to which the member
is reassigned.
‘‘(ii) The area in which the dependents reside, but
only if the dependents reside in that area when the member
departs for the duty station to which the member is
reassigned and only for the period during which the
dependents reside in that area.
‘‘(iii) The area of the former duty station of the member,
if different than the area in which the dependents reside.’’.
H. R. 4200—135
SEC. 605. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UNUSUAL
NONRECURRING EXPENSES INCURRED FOR DUTY OUT-
SIDE THE CONTINENTAL UNITED STATES.
(a) ELIGIBILITY FOR REIMBURSEMENT.—Section 405 of title 37,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(d) NONRECURRING EXPENSES.—(1) The Secretary concerned
may reimburse a member of the uniformed services on duty as
described in subsection (a) for a nonrecurring expense incurred
by the member incident to such duty that—
‘‘(A) is directly related to the conditions or location of
the duty;
‘‘(B) is of a nature or a magnitude not normally incurred
by members of the uniformed services on duty inside the conti-
nental United States; and
‘‘(C) is not included in the per diem determined under
subsection (b) as payable to the member under subsection (a).
‘‘(2) Any reimbursement provided to a member under paragraph
(1) is in addition to a per diem payable to that member under
subsection (a).’’.
(b) USE OF DEFINED TERM CONTINENTAL UNITED STATES.—
(1) Subsection (a) of such section is amended by striking ‘‘outside
of the United States or in Hawaii or Alaska’’ and inserting ‘‘outside
of the continental United States’’.
(2) The heading of such section is amended to read as follows:
‘‘§ 405. Travel and transportation allowances: per diem while
on duty outside the continental United States’’.
(3) The table of sections at the beginning of chapter 7 of
such title is amended by striking the item relating to section 405
and inserting the following new item:
‘‘405. Travel and transportation allowances: per diem while on duty outside the con-
tinental United States.’’.
SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED IN COMBAT
ZONES TO RECEIVE LIMITED ADVANCES ON FUTURE
BASIC PAY.
(a) ADVANCEMENT OF BASIC PAY.—Chapter 3 of title 37, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 212. Advancement of basic pay: members deployed in com-
bat zone for more than one year
‘‘(a) ELIGIBILITY; AMOUNT ADVANCED.—If a member of the
armed forces is assigned to duty in an area for which special
pay under section 310 of this title is available and the assignment
is pursuant to orders specifying an assignment of one year or
more (or the assignment is extended beyond one year), the member
may request, during the period of the assignment, the advanced
payment of not more than three months of the basic pay of the
member.
‘‘(b) CONSIDERATION
OF REQUEST.—A request by a member
described in subsection (a) for the advanced payment of a single
month of basic pay shall be granted. The Secretary concerned
may grant a member’s request for a second or third month of
advanced basic pay during the assignment upon a showing of finan-
cial hardship.
H. R. 4200—136
‘‘(c) RECOUPMENT OF ADVANCED PAY.—The Secretary concerned
shall recoup an advance made on the basic pay of a member
under this section in equal installments over a one-year period
beginning as provided in subsection (d). If the member is serving
on active duty for any month during the recoupment period, the
amount of the installment for the month shall be deducted from
the basic pay of the member for that month. The estate of a
deceased member shall not be required to repay any portion of
the advanced pay paid to the member and not repaid before the
death of the member.
‘‘(d) COMMENCEMENT OF RECOUPMENT.—The recoupment period
for an advancement of basic pay to a member under this section
shall commence on the first day of the first month beginning on
or after the date on which the member receives the advanced
pay.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘212. Advancement of basic pay: members deployed in combat zone for more than
one year.’’.
SEC. 607. REPEAL OF REQUIREMENT THAT MEMBERS ENTITLED TO
BASIC ALLOWANCE FOR SUBSISTENCE PAY SUBSISTENCE
CHARGES WHILE HOSPITALIZED.
(a) REPEAL.—(1) Section 1075 of title 10, United States Code,
is repealed.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to section 1075.
(b) CONFORMING AMENDMENT REGARDING MILITARY-CIVILIAN
HEALTH SERVICES PARTNERSHIP PROGRAM.—Section 1096(c) of such
title is amended—
(1) by inserting ‘‘who is a dependent’’ after ‘‘covered bene-
ficiary’’; and
(2) by striking ‘‘shall pay’’ and all that follows through
the period at the end of paragraph (2) and inserting ‘‘shall
pay the charges prescribed by section 1078 of this title.’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g)
of title 37, United States Code, is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of such title is amended by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended
by striking ‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(d) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of such title is amended by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
H. R. 4200—137
(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of such title is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(f) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of such
title is amended by striking ‘‘December 31, 2004’’ and inserting
‘‘December 31, 2005’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFES-
SIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(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, 2005’’
and inserting ‘‘January 1, 2006’’.
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f ) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section
302h(a)(1) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(g) ACCESSION
BONUS
FOR
PHARMACY
OFFICERS.—Section
302j(a) of such title is amended by striking ‘‘the date of the enact-
ment of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 and ending on September 30, 2004’’ and
inserting ‘‘October 30, 2000, and ending on December 31, 2005’’.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES 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 ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
such title is amended by striking ‘‘December 31, 2004’’ and inserting
‘‘December 31, 2005’’.
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
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 striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of such title
is amended by striking ‘‘December 31, 2005’’ and inserting
‘‘December 31, 2006’’.
H. R. 4200—138
(c) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e)
of such title is amended by striking ‘‘December 31, 2004’’ and
inserting ‘‘December 31, 2005’’.
(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY
SKILLS.—Section 323(i) of such title is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—
Section 324(g) of such title is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
SEC. 615. AUTHORITY TO PROVIDE HAZARDOUS DUTY INCENTIVE PAY
TO MILITARY FIREFIGHTERS.
Section 301 of title 37, United States Code, is amended—
(1) in subsection (d), by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) by redesignating subsection (e) as paragraph (2) of
subsection (d); and
(3) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) A member of a uniformed service who is entitled to basic
pay may be paid incentive pay under this subsection, at a monthly
rate not to exceed $150, for any month during which the member
performs duty involving regular participation as a firefighting crew
member, as determined by the Secretary concerned.’’.
SEC. 616. REDUCED SERVICE OBLIGATION FOR NURSES RECEIVING
NURSE ACCESSION BONUS.
(a) PERIOD OF OBLIGATED SERVICE.—Section 302d(a)(1) of title
37, United States Code, is amended by striking ‘‘four years’’ and
inserting ‘‘three years’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to agreements entered into under section
302d of title 37, United States Code, on or after the date of the
enactment of this Act.
SEC. 617. ASSIGNMENT INCENTIVE PAY.
(a) DISCRETIONARY WRITTEN AGREEMENTS.—Subsection (b) of
section 307a of title 37, United States Code, is amended to read
as follows:
‘‘(b) WRITTEN
AGREEMENT.—The Secretary concerned may
require a member performing service in an assignment designated
under subsection (a) to enter into a written agreement with the
Secretary in order to qualify for incentive pay under this section.
The written agreement shall specify the period for which the incen-
tive pay will be paid to the member and, subject to subsection
(c), the monthly rate of the incentive pay.’’.
(b) DISCONTINUATION
UPON
COMMENCEMENT
OF
TERMINAL
LEAVE.—Subsection (e) of such section is amended by striking ‘‘by
reason of’’ and all that follows through the period at the end
and inserting ‘‘by reason of—
‘‘(1) temporary duty performed by the member pursuant
to orders; or
‘‘(2) absence of the member for authorized leave, other
than leave authorized for a period ending upon the discharge
of the member or the release of the member from active duty.’’.
H. R. 4200—142
‘‘(d) AMOUNT.—The amount of a bonus under this section may
be any amount not in excess of $6,000 that the Secretary concerned
determines appropriate.
‘‘(e) PAYMENT.—(1) Upon acceptance of a written agreement
by the Secretary concerned under this section, the total amount
of the bonus payable under the agreement becomes fixed. The
agreement shall specify whether the bonus is to be paid in one
lump sum or in installments.
‘‘(2) A person 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) RELATION TO OTHER ACCESSION BONUS AUTHORITY.—A per-
son may not receive an affiliation bonus or accession bonus under
this section and financial assistance under chapter 1608, 1609,
or 1611 of title 10, or under section 302g of this title, for the
same period of service.
‘‘(g) REPAYMENT
FOR FAILURE TO COMMENCE
OR COMPLETE
OBLIGATED SERVICE.—(1) A person who, after receiving all or part
of the bonus under an agreement entered into by that person
under this section, does not accept a commission or an appointment
as an officer or does not commence to participate or does not
satisfactorily participate in the Selected Reserve for the total period
of service specified in the agreement shall repay to the United
States such compensation or benefit, except under conditions pre-
scribed by the Secretary concerned.
‘‘(2) The Secretary concerned shall include in each agreement
entered into by the Secretary under this section the requirements
that apply for any repayment under this subsection, including the
method for computing the amount of the repayment and any excep-
tions.
‘‘(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement entered into under
this section does not discharge a person from a debt arising under
an agreement entered into under this subsection or a debt arising
under paragraph (1).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 308i the following new item:
‘‘308j. Special pay: bonus for certain initial service of officers in the Selected Re-
serve.’’.
SEC. 620. REVISION OF AUTHORITY TO PROVIDE FOREIGN LANGUAGE
PROFICIENCY PAY.
(a) IN GENERAL.—(1) Section 316 of title 37, United States
Code, is amended to read as follows:
‘‘§ 316. Special pay and bonus for members with foreign lan-
guage proficiency
‘‘(a) AVAILABILITY OF SPECIAL PAY.—Subject to subsection (c),
the Secretary concerned may pay monthly special pay under this
section to a member of the uniformed services who is entitled
to basic pay under section 204 of this title and who—
‘‘(1) is qualified in a uniformed services specialty requiring
proficiency in a foreign language identified by the Secretary
H. R. 4200—143
concerned as a foreign language in which it is necessary to
have personnel proficient because of national defense or public
health considerations;
‘‘(2) received training, under regulations prescribed by the
Secretary concerned, designed to develop a proficiency in such
a foreign language;
‘‘(3) is assigned to duties requiring a proficiency in such
a foreign language; or
‘‘(4) is proficient in a foreign language for which the uni-
formed service may have a critical need, as determined by
the Secretary concerned.
‘‘(b) AVAILABILITY OF BONUS.—Subject to subsection (c), the
Secretary concerned may pay an annual bonus under this section
to a member of a reserve component who satisfies the eligibility
requirements specified in paragraph (1), (2), (3), or (4) of subsection
(a).
‘‘(c) CERTIFICATION OF PROFICIENCY.—To be eligible to receive
special pay or a bonus under this section, a member described
in subsection (a) or (b) must be certified by the Secretary concerned
as being proficient in the foreign language for which the special
pay or bonus is offered. The certification of the member shall
expire at the end of the one-year period beginning on the first
day of the first month beginning on or after the certification date.
‘‘(d) SPECIAL PAY AND BONUS AMOUNTS.—(1) The monthly rate
for special pay paid under subsection (a) may not exceed $1,000.
‘‘(2) The maximum amount of the bonus paid to a member
under subsection (b) may not exceed $6,000 for the one-year period
covered by the certification of the member. The Secretary concerned
may pay the bonus in a single lump sum at the beginning of
the certification period or in installments during the certification
period.
‘‘(e) RELATIONSHIP TO OTHER PAY OR ALLOWANCE.—(1) Except
as provided in paragraph (2), special pay or a bonus paid under
this section is in addition to any other pay or allowance payable
to a member under any other provision of law.
‘‘(2) If a member of a reserve component serving on active
duty receives special pay under subsection (a) for any month occur-
ring during a certification period in which the member received,
or is receiving, a bonus under subsection (b), the amount of the
special pay paid to the member for the month shall be reduced
by an amount equal to 1⁄12 of the bonus amount.
‘‘(f) CERTIFICATION
INTERRUPTED
BY
CONTINGENCY
OPER-
ATION.—(1) Notwithstanding subsection (c), the Secretary concerned
may waive the certification requirement under such subsection
and pay monthly special pay or a bonus under this section to
a member who—
‘‘(A) is assigned to duty in connection with a contingency
operation;
‘‘(B) is unable to schedule or complete the certification
required by subsection (c) because of that assignment; and
‘‘(C) except for the lack of such certification, satisfies the
eligibility requirements for receipt of special pay under sub-
section (a) or a bonus under subsection (b), whichever applies
to the member.
‘‘(2) For purposes of providing an annual bonus to a member
under the authority of this subsection, the Secretary concerned
may treat the date on which the member was assigned to duty
H. R. 4200—144
in connection with the contingency operation as equivalent to a
certification date. In the case of a member whose certification
will expire during such a duty assignment, the Secretary shall
commence the next one-year certification period on the date on
which the prior certification period expires.
‘‘(3) A member who is paid special pay or a bonus under
the authority of this subsection shall complete the certification
required by subsection (c) for the foreign language for which the
special pay or bonus was paid not later than the end of the 180-
day period beginning on the date on which the member is released
from the assignment in connection with the contingency operation.
The Secretary concerned may extend that period for a member
in accordance with regulations prescribed under subsection (h).
‘‘(4) If a member fails to obtain the required certification under
subsection (c) before the end of the period provided under paragraph
(3), the Secretary concerned may require the member to repay
all or a portion of the bonus in the manner provided in subsection
(g).
‘‘(g) REPAYMENT OF BONUS.—(1) The Secretary concerned may
require a member who receives a bonus under this section, but
who does not satisfy an eligibility requirement specified in para-
graph (1), (2), (3), or (4) of subsection (a) for the entire certification
period, to repay to the United States an amount which bears the
same ratio to the total amount of the bonus paid to the member
as the unsatisfied portion of the certification period bears to the
entire certification period.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) or subsection (f)(4) is for all purposes a debt owed
to the United States. A discharge in bankruptcy under title 11
that is entered for the member less than five years after the
expiration of the certification period does not discharge the member
from a debt arising under this paragraph. This paragraph applies
to any case commenced under title 11 after the date of the enact-
ment of this section.
‘‘(h) REGULATIONS.—This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed
forces under the jurisdiction of the Secretary, by the Secretary
of Homeland Security for the Coast Guard when the Coast Guard
is not operating as a service in the Navy, by the Secretary of
Health and Human Services for the Commissioned Corps of the
Public Health Service, and by the Secretary of Commerce for the
National Oceanic and Atmospheric Administration.’’.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section 316
and inserting the following new item:
‘‘316. Special pay and bonus for members with foreign language proficiency.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 316a of title 37,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the item relating to section 316a.
SEC. 621. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY FOR CRIT-
ICAL SKILLS RETENTION BONUS WHILE SERVING ON
INDEFINITE REENLISTMENT.
Section 323(a) of title 37, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
H. R. 4200—145
(2) in paragraph (2)—
(A) by inserting ‘‘other than an enlisted member
referred to in paragraph (3),’’ after ‘‘enlisted member,’’;
and
(B) by striking the period at the end and inserting
‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) in the case of an enlisted member serving pursuant
to an indefinite reenlistment, the member executes a written
agreement to remain on active duty for a period of at least
one year.’’.
SEC. 622. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR
INCENTIVE BONUS FOR CONVERSION TO MILITARY
OCCUPATIONAL 
SPECIALTY 
TO 
EASE 
PERSONNEL
SHORTAGE.
(a) ELIGIBILITY.—Section 326 of title 37, United States Code,
is amended—
(1) in subsection (a), by inserting ‘‘of a regular or reserve
component’’ after ‘‘an eligible member’’;
(2) in subsection (b)—
(A) by striking ‘‘if—’’ and all that follows through ‘‘at
the time’’ and inserting ‘‘if, at the time’’; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in subsection (c)(2), by inserting ‘‘regular or reserve
component of the’’ after ‘‘chief personnel officer of the’’.
(b) AMOUNT OF BONUS.—Subsection (c)(1) of such section is
amended by inserting before the period at the end the following:
‘‘, in the case of a member of a regular component of the armed
forces, and $2,000, in the case of a member of a reserve component
of the armed forces’’.
SEC. 623. PERMANENT INCREASE IN AUTHORIZED AMOUNTS FOR
IMMINENT DANGER SPECIAL PAY AND FAMILY SEPARA-
TION ALLOWANCE.
(a) IMMINENT DANGER PAY.—(1) Subsection (e) of section 310
of title 37, United States Code, is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(2) Effective January 1, 2006, such section is further amended—
(A) in subsection (a), by striking ‘‘$150’’ and inserting
‘‘$225’’; and
(B) by striking subsection (e).
(b) FAMILY SEPARATION ALLOWANCE.—(1) Subsection (e) of sec-
tion 427 of such title is amended by striking ‘‘December 31, 2004’’
and inserting ‘‘December 31, 2005’’.
(2) Effective January 1, 2006, such section is further amended—
(A) in subsection (a)(1), by striking ‘‘$100’’ and inserting
‘‘$250’’; and
(B) by striking subsection (e).
H. R. 4200—146
Subtitle C—Travel and Transportation
Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY
MEMBERS TO ATTEND BURIAL CEREMONY OR MEMORIAL
SERVICE OF MEMBER WHO DIES ON DUTY.
(a) AUTHORIZED TRAVEL DESTINATIONS.—Subsection (a)(1) of
section 411f of title 37, United States Code, is amended by inserting
before the period at the end the following: ‘‘at the location deter-
mined under subsection (a)(8) of section 1482 of title 10 or attend
a memorial service for the deceased member, under circumstances
covered by subsection (d) of such section’’.
(b) LIMITATION ON AMOUNT.—Subsection (b) of such section
is amended to read as follows:
‘‘(b) LIMITATION ON AMOUNT.—Allowances for travel under sub-
section (a) may not exceed the rates for two days and the time
necessary for such travel.’’.
(c) UNCONDITIONAL ELIGIBILITY OF DECEASED’S PARENTS.—Sub-
section (c)(1)(C) of such section is amended by striking ‘‘If no person
described in subparagraph (A) or (B) is provided travel and
transportation allowances under subsection (a)(1), the’’ and
inserting ‘‘The’’.
SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO
SERIOUS ILLNESS OR INJURY OF MEMBERS OF THE UNI-
FORMED SERVICES.
(a) REMOVAL
OF LIMITATION
ON NUMBER
OF FAMILY MEM-
BERS.—Subsection (a)(1) of section 411h of title 37, United States
Code, is amended—
(1) by striking ‘‘two family members’’ and inserting ‘‘three
family members’’; and
(2) by adding at the end the following new sentence: ‘‘In
circumstances determined to be appropriate by the Secretary
concerned, the Secretary may waive the limitation on the
number of family members provided travel and transportation
under this section.’’.
(b) AVAILABILITY
OF
PER
DIEM.—Such section is further
amended—
(1) in subsection (a)(1), by inserting ‘‘travel and’’ before
‘‘transportation’’; and
(2) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance
or reimbursement for the actual and necessary expenses of the
travel, or a combination thereof, but not to exceed the rates estab-
lished under section 404(d) of this title.’’.
(c) EFFECTIVE DATE.—Section 411h of title 37, United States
Code, as amended by this section, shall apply to travel and transpor-
tation authorized under such section that is provided on or after
October 1, 2004, to family members of a member of the Armed
Forces who is ill or injured as described in such section.
H. R. 4200—147
SEC. 633. REIMBURSEMENT FOR CERTAIN LODGING COSTS INCURRED
IN CONNECTION WITH DEPENDENT STUDENT TRAVEL.
Section 430(b) of title 37, United States Code, is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) The allowance authorized under paragraph (1) for the
travel of an eligible dependent may include reimbursement for
costs incurred by or on behalf of the dependent for lodging of
the dependent that is necessitated by an interruption in the travel
caused by extraordinary circumstances prescribed in the regulations
under subsection (a). The amount of the reimbursement shall be
determined using the rate applicable to such circumstances.’’.
Subtitle D—Retired Pay and Survivor
Benefits
SEC. 641. COMPUTATION OF HIGH-36 MONTH AVERAGE FOR RESERVE
COMPONENT MEMBERS RETIRED FOR DISABILITY WHILE
ON ACTIVE DUTY OR DYING WHILE ON ACTIVE DUTY.
(a) COMPUTATION OF HIGH-36 MONTH AVERAGE.—Subsection
(c) of section 1407 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT MEMBERS.—
In the case of a member of a reserve component who is entitled
to retired pay under section 1201 or 1202 of this title, the
member’s high-three average (notwithstanding paragraphs (1)
and (2)) is computed in the same manner as prescribed in
paragraphs (2) and (3) of subsection (d) for a member entitled
to retired pay under section 1204 or 1205 of this title.’’.
(b) EFFECTIVE DATE.—Paragraph (3) of section 1407(c) of title
10, United States Code, as added by subsection (a), shall take
effect—
(1) for purposes of determining an annuity under sub-
chapter II or III of chapter 73 of that title, with respect to
deaths on active duty on or after September 10, 2001; and
(2) for purposes of determining the amount of retired pay
of a member of a reserve component entitled to retired pay
under section 1201 or 1202 of such title, with respect to such
entitlement that becomes effective on or after the date of the
enactment of this Act.
SEC. 642. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT OF
RETIRED PAY AND VETERANS’ DISABILITY COMPENSA-
TION FOR MILITARY RETIREES WITH SERVICE-CON-
NECTED DISABILITIES RATED AS 100 PERCENT.
(a) TERMINATION OF PHASE-IN AT END OF 2004.—Subsection
(a)(1) of section 1414 of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘, except
that in the case of a qualified retiree receiving veterans’ disability
compensation for a disability rated as 100 percent, payment of
retired pay to such veteran is subject to subsection (c) only during
the period beginning on January 1, 2004, and ending on December
31, 2004’’.
H. R. 4200—148
(b) CONFORMING AMENDMENT.—Subsection (c) of such section
is amended in the matter preceding paragraph (1) by inserting
‘‘that pursuant to the second sentence of subsection (a)(1) is subject
to this subsection’’ after ‘‘a qualified retiree’’.
SEC. 643. DEATH BENEFITS ENHANCEMENT.
(a) ACTIONS ON FISCAL YEAR 2004 DEATH BENEFITS STUDY.—
(1) The Secretary of Defense shall expedite the completion and
submission of the report, which was due on March 1, 2004, of
the results of the study of the Federal death benefits for survivors
of deceased members of the Armed Forces required by section
647(b) of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1520).
(2) The President should promptly transmit to Congress any
recommendation for legislation, together with a request for appro-
priations, that the President determines necessary to implement
any death benefits enhancements that are recommended in the
report referred to in paragraph(1).
(b) 
INCREASES
OF
DEATH
GRATUITY
CONSISTENT
WITH
INCREASES OF RATES OF BASIC PAY.—Section 1478 of title 10, United
States Code, is amended—
(1) in subsection (a), by inserting ‘‘(as adjusted under sub-
section (c))’’ before the period at the end of the first sentence;
and
(2) by adding at the end the following new subsection:
‘‘(c) Effective on the date on which rates of basic pay under
section 204 of title 37 are increased under section 1009 of that
title or any other provision of law, the amount of the death gratuity
in effect under subsection (a) shall be increased by the same overall
average percentage of the increase in the rates of basic pay taking
effect on that date.’’.
(c) FISCAL YEAR 2005 ACTIONS.—At the same time that the
President transmits to Congress the budget for fiscal year 2006
under section 1105(a) of title 31, United States Code, the President
shall transmit to Congress assessments and recommendations
regarding legislation on proposals that would provide enhanced
death benefits for survivors of deceased members of the uniformed
services. Those assessments and recommendations regarding legis-
lation shall include provisions for the following:
(1) Revision of the Servicemembers’ Group Life Insurance
program under chapter 19 of title 38, United States Code,
to provide for—
(A) an increase in the maximum benefit amount pro-
vided under that program from $250,000 to $350,000;
(B) an increase, each fiscal year, in that maximum
benefit amount by the same overall average percentage
increase that takes effect during such fiscal year in the
rates of basic pay under section 204 of title 37, United
States Code; and
(C) a minimum benefit amount of $100,000 at no cost
to the insured members of the uniformed services who
elect the maximum coverage, together with an increase
in such minimum benefit each fiscal year by the same
percentage increase as is described in subparagraph (B).
(2) An additional set of death benefits for each member
of the uniformed services who dies in the line of duty while
H. R. 4200—149
on active duty that includes, at a minimum, an additional
death gratuity in the amount that—
(A) in the case of a member not described in subpara-
graph (B), is equal to the sum of—
(i) the total amount of the basic pay to which
the deceased member would have been entitled under
section 204 of title 37, United States Code, if the
member had not died and had continued to serve on
active duty for an additional year; and
(ii) the total amount of all allowances and special
pays that the member would have been entitled to
receive under title 37, United States Code, over the
one-year period beginning on the member’s date of
death as if the member had not died and had continued
to serve on active duty for an additional year with
the unit to which the member was assigned or detailed
on such date; and
(B) in the case of a member who dies as a result
of an injury caused by or incurred while exposed to hostile
action (including any hostile fire or explosion and any
hostile action from a terrorist source), is equal to twice
the amount calculated under subparagraph (A).
(3) Any other new death benefits or enhancement of
existing death benefits that the President recommends.
(4) Retroactive applicability of the benefits referred to in
paragraph (2) and, as appropriate, the benefits recommended
under paragraph (3) so as to provide the benefits—
(A) for members of the uniformed services who die
in line of duty on or after October 7, 2001, of a cause
incurred or aggravated while deployed in support of Oper-
ation Enduring Freedom; and
(B) for members of the uniformed services who die
in line of duty on or after March 19, 2003, of a cause
incurred or aggravated while deployed in support of Oper-
ation Iraqi Freedom.
(d) CONSULTATION.—The President shall consult with the Sec-
retary of Defense and the Secretary of Veterans Affairs in devel-
oping the assessments and recommendations required under sub-
section (c).
(e) FISCAL YEAR 2006 BUDGET SUBMISSION.—The budget for
fiscal year 2006 that is transmitted to Congress under section
1105(a) of title 31, United States Code, shall include assessments
and recommendations on legislation (other than draft appropria-
tions) that includes provisions that, on the basis of the assumption
that any draft legislation transmitted under subsection (c) would
be enacted and would take effect in fiscal year 2006—
(1) would offset fully the increased outlays that would
result from enactment of the provisions of any draft legislation
transmitted under subsection (c), for fiscal year 2006 and each
of the succeeding nine fiscal years;
(2) expressly state that they are proposed for the purpose
of the offset described in paragraph (1); and
(3) are included in full in the estimates that are made
by the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section
252(d) of the Balanced Budget and Emergency Deficit Control
H. R. 4200—150
Act of 1985 (2 U.S.C. 902(d)) with respect to the fiscal years
referred to in paragraph (1).
(f) EARLY SUBMISSION OF PROPOSAL FOR ADDITIONAL DEATH
BENEFITS.—Congress urges the President to transmit any draft
of legislation for the additional set of death benefits under para-
graph (2) of subsection (c) before the time for submission required
under that subsection and as soon as is practicable after the date
of the enactment of this Act.
SEC. 644. PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION
FOR SURVIVING SPOUSES UNDER SURVIVOR BENEFIT
PLAN.
(a) PHASED INCREASE IN BASIC ANNUITY.—
(1) STANDARD ANNUITY.—
(A) INCREASE TO 55 PERCENT.—Clause (i) of subsection
(a)(1)(B) of section 1451 of title 10, United States Code,
is amended by striking ‘‘35 percent of the base amount.’’
and inserting ‘‘the product of the base amount and the
percent applicable to the month, as follows:
‘‘(I) For a month before October 2005, the
applicable percent is 35 percent.
‘‘(II) For months after September 2005 and before
April 2006, the applicable percent is 40 percent.
‘‘(III) For months after March 2006 and before
April 2007, the applicable percent is 45 percent.
‘‘(IV) For months after March 2007 and before
April 2008, the applicable percent is 50 percent.
‘‘(V) For months after March 2008, the applicable
percent is 55 percent.’’.
(B) COORDINATION
WITH
SAVINGS
PROVISION
UNDER
PRIOR LAW.—Clause (ii) of such subsection is amended by
striking ‘‘, at the time the beneficiary becomes entitled
to the annuity,’’.
(2) 
RESERVE-COMPONENT
ANNUITY.—Subsection
(a)(2)(B)(i)(I) of such section is amended by striking ‘‘35 percent’’
and inserting ‘‘the percent specified under subsection (a)(1)(B)(i)
as being applicable for the month’’.
(3) SURVIVORS OF ELIGIBLE PERSONS DYING ON ACTIVE DUTY,
ETC.—
(A) INCREASE TO 55 PERCENT.—Clause (i) of subsection
(c)(1)(B) of such section is amended—
(i) by striking ‘‘35 percent’’ and inserting ‘‘the
applicable percent’’; and
(ii) by adding at the end the following: ‘‘The percent
applicable for a month under the preceding sentence
is the percent specified under subsection (a)(1)(B)(i)
as being applicable for that month.’’.
(B) COORDINATION
WITH
SAVINGS
PROVISION
UNDER
PRIOR LAW.—Clause (ii) of such subsection is amended by
striking ‘‘, at the time the beneficiary becomes entitled
to the annuity,’’.
(4) CLERICAL
AMENDMENT.—The heading for subsection
(d)(2)(A) of such section is amended to read as follows: ‘‘COM-
PUTATION OF ANNUITY.—’’.
(b) CORRESPONDING PHASED ELIMINATION OF SUPPLEMENTAL
ANNUITY.—
H. R. 4200—151
(1) PHASED REDUCTION OF SUPPLEMENTAL ANNUITY.—Sec-
tion 1457(b) of title 10, United States Code, is amended—
(A) by striking ‘‘5, 10, 15, or 20 percent’’ and inserting
‘‘the applicable percent’’; and
(B) by inserting after the first sentence the following:
‘‘The percent used for the computation shall be an even
multiple of 5 percent and, whatever the percent specified
in the election, may not exceed 20 percent for months
before October 2005, 15 percent for months after September
2005 and before April 2006, 10 percent for months after
March 2006 and before April 2007, and 5 percent for
months after March 2007 and before April 2008.’’.
(2) REPEAL
UPON
IMPLEMENTATION
OF
PERCENT
SBP
ANNUITY.—Effective on April 1, 2008, chapter 73 of such title
is amended—
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III
in the table of subchapters at the beginning of that chapter.
(c) RECOMPUTATION OF ANNUITIES.—
(1) PERIODIC RECOMPUTATION REQUIRED.—Effective on the
first day of each month specified in paragraph (2)—
(A) each annuity under section 1450 of title 10, United
States Code, that commenced before that month, is com-
puted under a provision of section 1451 of that title
amended by subsection (a), and is payable for that month
shall be recomputed so as to be equal to the amount that
would be in effect if the percent applicable for that month
under that provision, as so amended, had been used for
the initial computation of the annuity; and
(B) each supplemental survivor annuity under section
1457 of such title that commenced before that month and
is payable for that month shall be recomputed so as to
be equal to the amount that would be in effect if the
percent applicable for that month under that section, as
amended by this section, had been used for the initial
computation of the supplemental survivor annuity.
(2) TIME
FOR
RECOMPUTATION.—The requirement under
paragraph (1) for recomputation of certain annuities applies
with respect to the following months:
(A) October 2005.
(B) April 2006.
(C) April 2007.
(D) April 2008.
(d) TERMINATION OF RETIRED PAY REDUCTIONS FOR SUPPLE-
MENTAL SURVIVOR ANNUITIES.—(1) Except as provided in paragraph
(2), there shall be no reduction in retired pay under section 1460
of title 10, United States Code, for any month beginning after
the date of the enactment of this Act.
(2) Reductions in retired pay under section 1460 of title 10,
United States Code, shall be made for months after September
2005 in the case of coverage under subchapter III of chapter 73
of title 10, United States Code, that is provided (for new coverage
or increased coverage) through an election under the open season
provided by section 645. The Secretary of Defense shall take such
actions as are necessitated by the amendments made by subsection
(b) and the requirements of subsection (c)(1)(B) to ensure that
reductions in retired pay under section 1460 of title 10, United
H. R. 4200—153
maximum level under subsection (b) of this section, and under
that Plan is providing annuity coverage for the person’s spouse
or a former spouse.
(3) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICI-
PANTS NOT AFFECTED BY TWO-TIER ANNUITY COMPUTATION.—
A person is not eligible to make an election under paragraph
(1) if (as determined by the Secretary concerned) the annuity
of a spouse or former spouse beneficiary of that person under
the Survivor Benefit Plan is to be computed under section
1451(e) of title 10, United States Code. However, such a person
may during the open enrollment period waive the right to
have that annuity computed under such section 1451(e). Any
such election is irrevocable. A person making such a waiver
may make an election under paragraph (1) as in the case
of any other participant in the Survivor Benefit Plan.
(d) MANNER OF MAKING ELECTIONS.—An election under this
section shall be made in writing, signed by the person making
the election, and received by the Secretary concerned before the
end of the open enrollment period. Any such election shall be
made subject to the same conditions, and with the same opportuni-
ties for designation of beneficiaries and specification of base amount,
that apply under the Survivor Benefit Plan or the Supplemental
Survivor Benefit Plan, as the case may be. A person making an
election under subsection (a) to provide a reserve-component
annuity shall make a designation described in section 1448(e) of
title 10, United States Code.
(e) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall
be effective as of the first day of the first calendar month following
the month in which the election is received by the Secretary con-
cerned.
(f) OPEN ENROLLMENT PERIOD.—The open enrollment period
under this section is the one-year period beginning on October
1, 2005.
(g) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN
TWO YEARS OF MAKING ELECTION.—If a person making an election
under this section dies before the end of the two-year period begin-
ning on the effective date of the election, the election is void and
the amount of any reduction in retired pay of the person that
is attributable to the election shall be paid in a lump sum to
the person who would have been the deceased person’s beneficiary
under the voided election if the deceased person had died after
the end of such two-year period.
(h) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provi-
sions of sections 1449, 1453, and 1454 of title 10, United States
Code, are applicable to a person making an election, and to an
election, under this section in the same manner as if the election
were made under the Survivor Benefit Plan or the Supplemental
Survivor Benefit Plan, as the case may be.
(i) PREMIUM FOR OPEN ENROLLMENT ELECTION.—
(1) PREMIUMS TO BE CHARGED.—The Secretary of Defense
shall prescribe in regulations premiums which a person electing
under this section shall be required to pay for participating
in the Survivor Benefit Plan pursuant to the election. The
total amount of the premiums to be paid by a person under
the regulations shall be equal to the sum of—
(A) the total amount by which the retired pay of the
person would have been reduced before the effective date
H. R. 4200—154
of the election if the person had elected to participate
in the Survivor Benefit Plan (for the same base amount
specified in the election) at the first opportunity that was
afforded the member to participate under chapter 73 of
title 10, United States Code;
(B) interest on the amounts by which the retired pay
of the person would have been so reduced, computed from
the dates on which the retired pay would have been so
reduced at such rate or rates and according to such method-
ology as the Secretary of Defense determines reasonable;
and
(C) any additional amount that the Secretary deter-
mines necessary to protect the actuarial soundness of the
Department of Defense Military Retirement Fund against
any increased risk for the fund that is associated with
the election.
(2) PREMIUMS
TO
BE
CREDITED
TO
RETIREMENT
FUND.—
Premiums paid under the regulations under paragraph (1) shall
be credited to the Department of Defense Military Retirement
Fund.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘Survivor Benefit Plan’’ means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
(2) The term ‘‘Supplemental Survivor Benefit Plan’’ means
the program established under subchapter III of chapter 73
of title 10, United States Code.
(3) The term ‘‘retired pay’’ includes retainer pay paid under
section 6330 of title 10, United States Code.
(4) The terms ‘‘uniformed services’’ and ‘‘Secretary con-
cerned’’ have the meanings given those terms in section 101
of title 37, United States Code.
(5) The term ‘‘Department of Defense Military Retirement
Fund’’ means the Department of Defense Military Retirement
Fund established under section 1461(a) of title 10, United
States Code.
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits
SEC. 651. CONSOLIDATION AND REORGANIZATION OF LEGISLATIVE
PROVISIONS 
REGARDING 
DEFENSE 
COMMISSARY
SYSTEM AND EXCHANGES AND OTHER MORALE, WEL-
FARE, AND RECREATION ACTIVITIES.
(a) PROVISIONS RELATED TO COMMISSARY STORES.—Chapter 147
of title 10, United States Code, is amended—
(1) by striking the table of sections at the beginning of
the chapter and sections 2481, 2483, 2485, and 2487;
(2) by redesignating sections 2482, 2484, and 2486 as sec-
tions 2485, 2483 and 2484, respectively;
(3) by inserting after the chapter heading the following:
‘‘Subchapter
Sec.
‘‘I. Defense Commissary and Exchange Systems .................................................
2481
H. R. 4200—155
‘‘II. Relationship, Continuation, and Common Policies of Defense Commissary
and Exchange Systems ............................................................................
2487
‘‘III. Morale, Welfare, and Recreation Programs and Nonappropriated Fund
Instrumentalities .....................................................................................
2491
‘‘SUBCHAPTER I—DEFENSE COMMISSARY AND EXCHANGE
SYSTEMS
‘‘Sec.
‘‘2481. Defense commissary and exchange systems: existence and purpose
‘‘2482. Commissary stores: criteria for establishment or closure; store size.
‘‘2483. Commissary stores: use of appropriated funds to cover operating expenses.
‘‘2484. Commissary stores: merchandise that may be sold; uniform surcharges and
pricing.
‘‘2485. Commissary stores: operation.
‘‘§ 2481. Defense commissary and exchange systems: existence
and purpose
‘‘(a) SEPARATE
SYSTEMS.—The Secretary of Defense shall
operate, in the manner provided by this chapter and other provi-
sions of law, a world-wide system of commissary stores and a
separate world-wide system of exchange stores. The stores of each
system may sell, at reduced prices, food and other merchandise
to members of the uniformed services on active duty, members
of the uniformed services entitled to retired pay, dependents of
such members, and persons authorized to use the system under
chapter 54 of this title.
‘‘(b) PURPOSE OF SYSTEMS.—The defense commissary system
and the exchange system are intended to enhance the quality of
life of members of the uniformed services, retired members, and
dependents of such members, and to support military readiness,
recruitment, and retention.
‘‘(c) OVERSIGHT.—(1) The Secretary of Defense shall designate
a senior official of the Department of Defense to oversee the oper-
ation of both the defense commissary system and the exchange
system.
‘‘(2) The Secretary of Defense shall establish an executive gov-
erning body to provide advice to the senior official designated under
paragraph (1) regarding the operation of the defense commissary
and exchange systems and to ensure the complementary operation
of the systems.
‘‘(d) REDUCED PRICES DEFINED.—In this section, the term
‘reduced prices’ means prices for food and other merchandise deter-
mined using the price setting process specified in section 2484
of this title.
‘‘§ 2482. Commissary stores: criteria for establishment or clo-
sure; store size
‘‘(a) PRIMARY CONSIDERATION FOR ESTABLISHMENT.—The needs
of members of the armed forces on active duty and the needs
of dependents of such members shall be the primary consideration
whenever the Secretary of Defense—
‘‘(1) assesses the need to establish a commissary store;
and
‘‘(2) selects the actual location for the store.
‘‘(b) STORE SIZE.—In determining the size of a commissary
store, the Secretary of Defense shall take into consideration the
number of all authorized patrons of the defense commissary system
who are likely to use the store.
H. R. 4200—156
‘‘(c) 
CLOSURE
CONSIDERATIONS.—(1) 
Whenever 
assessing
whether to close a commissary store, the effect of the closure on
the quality of life of members and dependents referred to in sub-
section (a) who use the store and on the welfare and security
of the military community in which the commissary is located
shall be a primary consideration.
‘‘(2) Whenever assessing whether to close a commissary store,
the Secretary of Defense shall also consider the effect of the closure
on the quality of life of members of the reserve components of
the armed forces.
‘‘(d) CONGRESSIONAL NOTIFICATION.—(1) The closure of a com-
missary store shall not take effect until the end of the 90-day
period beginning on the date on which the Secretary of Defense
submits to Congress written notice of the reasons supporting the
closure. The written notice shall include an assessment of the
impact closure will have on the quality of life for military patrons
and the welfare and security of the military community in which
the commissary is located.
‘‘(2) Paragraph (1) shall not apply in the case of the closure
of a commissary store as part of the closure of a military installation
under a base closure law.’’;
(4) by inserting sections 2483 and 2484, as redesignated
by paragraph (2), after section 2482, as added by paragraph
(3);
(5) in section 2484, as redesignated by paragraph (2)—
(A) by striking subsections (a), (b), (c), and (g);
(B) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(C) by inserting before subsection (f), as so redesig-
nated, the following new subsections:
‘‘(a) IN GENERAL.—As provided in section 2481(a) of this title,
commissary stores are intended to be similar to commercial grocery
stores and may sell merchandise similar to that sold in commercial
grocery stores.
‘‘(b) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.—
Merchandise sold in, at, or by commissary stores may include
items in the following categories:
‘‘(1) Meat, poultry, seafood, and fresh-water fish.
‘‘(2) Nonalcoholic beverages.
‘‘(3) Produce.
‘‘(4) Grocery food, whether stored chilled, frozen, or at
room temperature.
‘‘(5) Dairy products.
‘‘(6) Bakery and delicatessen items.
‘‘(7) Nonfood grocery items.
‘‘(8) Tobacco products.
‘‘(9) Health and beauty aids.
‘‘(10) Magazines and periodicals.
‘‘(c) INCLUSION OF OTHER MERCHANDISE ITEMS.—(1) The Sec-
retary of Defense may authorize the sale in, at, or by commissary
stores of merchandise not covered by a category specified in sub-
section (b). The Secretary shall notify Congress of all merchandise
authorized for sale pursuant to this paragraph, as well as the
removal of any such authorization.
‘‘(2) Notwithstanding paragraph (1), the Department of Defense
military resale system shall continue to maintain the exclusive
H. R. 4200—157
right to operate convenience stores, shopettes, and troop stores,
including such stores established to support contingency operations.
‘‘(3) A military exchange shall be the vendor for the sale of
tobacco products in commissary stores and may be the vendor
for such merchandise as may be authorized for sale in commissary
stores under paragraph (1). Subsections (d) and (e) shall not apply
to the pricing of such an item when a military exchange serves
as the vendor of the item. Commissary store and exchange prices
shall be comparable for such an item.
‘‘(d) UNIFORM SALES PRICE SURCHARGE.—The Secretary of
Defense shall apply a uniform surcharge equal to five percent
on the sales prices established under subsection (e) for each item
of merchandise sold in, at, or by commissary stores.’’;
(D) in subsection (e), as so redesignated, by striking
‘‘(consistent with this section and section 2685 of this title)’’
in paragraph (1);
(E) in subsection (g), as so redesignated, by striking
‘‘Subsections (c) and (d)’’ and inserting ‘‘Subsections (d)
and (e)’’; and
(F) by adding at the end the following new subsection:
‘‘(h) USE OF SURCHARGE FOR CONSTRUCTION, REPAIR, IMPROVE-
MENT, AND MAINTENANCE.—(1)(A) The Secretary of Defense may
use the proceeds from the surcharges imposed under subsection
(d) only—
‘‘(i) to acquire (including acquisition by lease), construct,
convert, expand, improve, repair, maintain, and equip the phys-
ical infrastructure of commissary stores and central product
processing facilities of the defense commissary system; and
‘‘(ii) to cover environmental evaluation and construction
costs related to activities described in clause (i), including costs
for surveys, administration, overhead, planning, and design.
‘‘(B) In subparagraph (A), the term ‘physical infrastructure’
includes real property, utilities, and equipment (installed and free
standing and including computer equipment), necessary to provide
a complete and usable commissary store or central product proc-
essing facility.
‘‘(2)(A) The Secretary of Defense may authorize a non-
appropriated fund instrumentality of the United States to enter
into a contract for construction of a shopping mall or similar facility
for a commissary store and one or more nonappropriated fund
instrumentality activities. The Secretary may use the proceeds of
surcharges under subsection (d) to reimburse the nonappropriated
fund instrumentality for the portion of the cost of the contract
that is attributable to construction of the commissary store or
to pay the contractor directly for that portion of such cost.
‘‘(B) In subparagraph (A), the term ‘construction’, with respect
to a facility, includes acquisition, conversion, expansion, installation,
or other improvement of the facility.
‘‘(3) The Secretary of Defense, with the approval of the Director
of the Office of Management and Budget, may obligate anticipated
proceeds from the surcharges under subsection (d) for any use
specified in paragraph (1) or (2), without regard to fiscal year
limitations, if the Secretary determines that such obligation is
necessary to carry out any use of such adjustments or surcharges
specified in such paragraph.
‘‘(4) Revenues received by the Secretary of Defense from the
following sources or activities of commissary store facilities shall
H. R. 4200—158
be available for the purposes set forth in paragraphs (1), (2), and
(3):
‘‘(A) Sale of recyclable materials.
‘‘(B) Sale of excess and surplus property.
‘‘(C) License fees.
‘‘(D) Royalties.
‘‘(E) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.’’;
(6) by inserting section 2485, as redesignated by paragraph
(2), after section 2484, as amended by paragraph (5); and
(7) in section 2485, as redesignated by paragraph (2)—
(A) in subsection (b)(2), by striking ‘‘section 2484’’ and
inserting ‘‘section 2483’’;
(B) in subsection (c)(2), by adding at the end the fol-
lowing new sentences: ‘‘The chairman of the governing
board shall be a commissioned officer or member of the
senior executive service who has demonstrated experience
or knowledge relevant to the management of the defense
commissary system. In selecting other members of the gov-
erning board, the Secretary shall give priority to persons
with experience related to logistics, military personnel,
military entitlements or other experiences of value of
management of commissaries.’’; and
(C) by adding at the end the following new subsections:
‘‘(d) ASSIGNMENT OF ACTIVE DUTY MEMBERS.—(1) Except as
provided in paragraph (2), members of the armed forces on active
duty may not be assigned to the operation of a commissary store.
‘‘(2)(A) The Secretary of Defense may assign an officer on the
active-duty list to serve as the Director of the Defense Commissary
Agency.
‘‘(B) Not more than 18 members (in addition to the officer
referred to in subparagraph (A)) of the armed forces on active
duty may be assigned to the Defense Commissary Agency. Members
who may be assigned under this subparagraph to regional head-
quarters of the agency shall be limited to enlisted members assigned
to duty as advisers in the regional headquarters responsible for
overseas commissaries and to veterinary specialists.
‘‘(e) REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY
MILITARY DEPARTMENTS.—(1) The Secretary of a military depart-
ment shall pay the Defense Commissary Agency the amount deter-
mined under paragraph (2) for any use of a commissary facility
by the military department for a purpose other than commissary
sales or operations in support of commissary sales.
‘‘(2) The amount payable under paragraph (1) for use of a
commissary facility by a military department shall be equal to
the share of depreciation of the facility that is attributable to
that use, as determined under regulations prescribed by the Sec-
retary of Defense.
‘‘(3) The Director of the Defense Commissary Agency shall
credit amounts paid under paragraph (1) for use of a facility to
an appropriate account to which proceeds of a surcharge applied
under section 2484(d) of this title are credited.
‘‘(4) This subsection applies with respect to a commissary
facility that is acquired, constructed, converted, expanded, installed,
or otherwise improved (in whole or in part) with the proceeds
of a surcharge applied under section 2484(d) of this title.
H. R. 4200—159
‘‘(f) DONATION
OF UNUSABLE FOOD.—(1) The Secretary of
Defense may donate food described in paragraph (2) to any of
the following entities:
‘‘(A) A charitable nonprofit food bank that is designated
by the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
‘‘(B) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
‘‘(C) A chapter or other local unit of a recognized national
veterans organization that provides services to persons without
adequate shelter and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.
‘‘(D) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of Vet-
erans Affairs as authorized to receive such donations.
‘‘(2) Food that may be donated under this subsection is com-
missary store food, mess food, meals ready-to-eat (MREs), rations
known as humanitarian daily rations (HDRs), and other food avail-
able to the Secretary of Defense that—
‘‘(A) is certified as edible by appropriate food inspection
technicians;
‘‘(B) would otherwise be destroyed as unusable; and
‘‘(C) in the case of commissary store food, is unmarketable
and unsaleable.
‘‘(3) In the case of commissary store food, a donation under
this subsection shall take place at the site of the commissary
store that is donating the food.
‘‘(4) This subsection does not authorize any service (including
transportation) to be provided in connection with a donation under
this subsection.
‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1) The Secretary
of Defense may impose a charge for the collection of a check accepted
at a commissary store that is not honored by the financial institu-
tion on which the check is drawn. The imposition and amounts
of charges shall be consistent with practices of commercial grocery
stores regarding dishonored checks.
‘‘(2)(A) The following persons are liable to the United States
for the amount of a check referred to in paragraph (1) that is
returned unpaid to the United States, together with any charge
imposed under that paragraph:
‘‘(i) The person who presented the check.
‘‘(ii) Any person whose status and relationship to the person
who presented the check provide the basis for that person’s
eligibility to make purchases at a commissary store.
‘‘(B) Any amount for which a person is liable under subpara-
graph (A) may be collected by deducting and withholding such
amount from any amounts payable to that person by the United
States.
‘‘(3) Amounts collected as charges imposed under paragraph
(1) shall be credited to the commissary trust revolving fund.
‘‘(4) Appropriated funds may be used to pay any costs incurred
in the collection of checks and charges referred to in paragraph
(1). An appropriation account charged a cost under the preceding
sentence shall be reimbursed the amount of that cost out of funds
in the commissary trust revolving fund.
H. R. 4200—160
‘‘(5) In this subsection, the term ‘commissary trust revolving
fund’ means the trust revolving fund maintained by the Department
of Defense for surcharge collections and proceeds of sales of com-
missary stores.
‘‘(h) RELEASE OF CERTAIN COMMERCIALLY VALUABLE INFORMA-
TION TO PUBLIC.—(1) The Secretary of Defense may limit the release
to the public of any information described in paragraph (2) if
the Secretary determines that it is in the best interest of the
Department of Defense to limit the release of such information.
If the Secretary determines to limit the release of any such informa-
tion, the Secretary may provide for limited release of such informa-
tion in accordance with paragraph (3).
‘‘(2) Paragraph (1) applies to the following:
‘‘(A) Information contained in the computerized business
systems of commissary stores or the Defense Commissary
Agency that is collected through or in connection with the
use of electronic scanners in commissary stores, including the
following information:
‘‘(i) Data relating to sales of goods or services.
‘‘(ii) Demographic information on customers.
‘‘(iii) Any other information pertaining to commissary
transactions and operations.
‘‘(B) 
Business 
programs, 
systems, 
and 
applications
(including software) relating to commissary operations that
were developed with funding derived from commissary sur-
charges.
‘‘(3)(A) The Secretary of Defense may, using competitive proce-
dures, enter into a contract to sell information described in para-
graph (2).
‘‘(B) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the manufac-
turer or producer of that item or an agent of the manufacturer
or producer.
‘‘(C) The Secretary of Defense shall establish performance
benchmarks and shall submit information on customer satisfaction
and performance data to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives.
‘‘(D) The Secretary of Defense may, by contract entered into
with a business, grant to the business a license to use business
programs referred to in paragraph (2)(B), including software used
in or comprising any such program. The fee charged for the license
shall be based on the costs of similar programs developed and
marketed by businesses in the private sector, determined by means
of surveys.
‘‘(E) Each contract entered into under this paragraph shall
specify the amount to be paid for information released or a license
granted under the contract, as the case may be.
‘‘(4) Information described in paragraph (2) may not be released,
under paragraph (3) or otherwise, in a form that identifies any
customer or that provides information making it possible to identify
any customer.
‘‘(5) Amounts received by the Secretary under this section shall
be credited to funds derived from commissary surcharges applied
under section 2484(e) of this title, shall be merged with those
funds, and shall be available for the same purposes as the funds
with which merged.’’.
H. R. 4200—161
(b) RELATION BETWEEN DEFENSE COMMISSARY AND EXCHANGE
SYSTEMS.—Chapter 147 of title 10, United States Code, is further
amended—
(1) by inserting after section 2485, as amended by sub-
section (a)(7), the following:
‘‘SUBCHAPTER II—RELATIONSHIP, CONTINUATION, AND
COMMON POLICIES OF DEFENSE COMMISSARY AND EX-
CHANGE SYSTEMS
‘‘Sec.
‘‘2487. Relationship between defense commissary system and exchange stores sys-
tem.
‘‘2488. Combined exchange and commissary stores.
‘‘2489. Overseas commissary and exchange stores: access and purchase restrictions.
‘‘§ 2487. Relationship between defense commissary system
and exchange stores system
‘‘(a) SEPARATE OPERATION OF SYSTEMS.—(1) Except as provided
in paragraph (2), the defense commissary system and the exchange
stores system shall be operated as separate systems of the Depart-
ment of Defense.
‘‘(2) Paragraph (1) does not apply to the following:
‘‘(A) Combined exchange and commissary stores operated
under the authority provided by section 2489 of this title.
‘‘(B) NEXMART stores of the Navy Exchange Service Com-
mand established before October 1, 2003.
‘‘(b) CONSOLIDATION OR OTHER ORGANIZATIONAL CHANGES OF
DEFENSE RETAIL SYSTEMS.—(1) The operation and administration
of the defense retail systems may not be consolidated or otherwise
merged unless the consolidation or merger is specifically authorized
by an Act of Congress.
‘‘(2) In this subsection, the term ‘defense retail systems’ means
the defense commissary system and exchange stores system and
other revenue-generating facilities operated by nonappropriated
fund instrumentalities of the Department of Defense for the morale,
welfare, and recreation of members of the armed forces.’’;
(2) by redesignating sections 2488, 2489, 2489a as sections
2495, 2495a, and 2495b, respectively; and
(3) by redesignating sections 2490a and 2492 as sections
2488 and 2489, respectively, and inserting such sections after
section 2487, as added by paragraph (1).
(c) MWR PROGRAMS AND NONAPPROPRIATED FUND INSTRUMEN-
TALITIES.—Chapter 147 of title 10, United States Code, is further
amended—
(1) by inserting after section 2489, as redesignated and
moved by subsection (b)(3), the following:
‘‘SUBCHAPTER III—MORALE, WELFARE, AND RECREATION
PROGRAMS AND NONAPPROPRIATED FUND INSTRUMEN-
TALITIES
‘‘Sec.
‘‘2491. Uniform funding and management of morale, welfare, and recreation pro-
grams.
‘‘2491a. Department of Defense golf courses: limitation on use of appropriated funds.
‘‘2491b. Use of appropriated funds for operation of Armed Forces Recreation Center,
Europe: limitation.
‘‘2491c. Retention of morale, welfare, and recreation funds by military installations:
limitation.
H. R. 4200—162
‘‘2492. Nonappropriated fund instrumentalities: contracts with other agencies and
instrumentalities to provide and obtain goods and services.
‘‘2493. Fisher Houses: administration as nonappropriated fund instrumentality.
‘‘2494. Nonappropriated fund instrumentalities: furnishing utility services for mo-
rale, welfare, and recreation purposes.
‘‘2495. Nonappropriated fund instrumentalities: purchase of alcoholic beverages.
‘‘2495a. Overseas package stores: treatment of United States wines.
‘‘2495b. Sale or rental of sexually explicit material prohibited.’’;
(2) by redesignating section 2494 as section 2491 and
inserting such section after the table of sections at the begin-
ning of subchapter III, as added by paragraph (1);
(3) by redesignating section 2482a as section 2492 and
inserting such section before section 2493;
(4) by inserting after section 2493 the following new section:
‘‘§ 2494. Nonappropriated fund instrumentalities: furnishing
utility services for morale, welfare, and recre-
ation purposes
‘‘Appropriations for the Department of Defense may be used
to provide utility services for—
‘‘(1) buildings on military installations authorized by regu-
lation to be used for morale, welfare, and recreation purposes;
and
‘‘(2) other morale, welfare, and recreation activities for
members of the armed forces.’’; and
(5) by inserting sections 2495, 2495a, and 2495b, as redesig-
nated by subsection (b)(2), after section 2494, as added by
paragraph (4).
(d) INCLUSION OF OTHER TITLE 10 PROVISIONS.—Sections 2246,
2247, and 2219 of title 10, United States Code, are—
(1) transferred to chapter 147 of such title;
(2) inserted after section 2491, as redesignated and moved
by subsection (c)(2); and
(3) redesignated as sections 2491a, 2491b, and 2491c,
respectively.
(e) CONFORMING AMENDMENTS.—(1) Section 977 of title 10,
United States Code, is repealed.
(2) Section 2868 of such title is amended by striking ‘‘for—
’’ and all that follows through the period at the end and inserting
‘‘for buildings constructed at private cost, as authorized by law.’’.
(3) Section 367 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 1987; 10 U.S.C. 2482 note) is repealed.
(f) CLERICAL AMENDMENTS.—(1) The table of sections at the
beginning of chapter 49 of title 10, United States Code, is amended
by striking the item relating to section 977.
(2) The table of sections at the beginning of chapter 131 of
such title is amended by striking the item relating to section 2219.
(3) The table of sections at the beginning of subchapter I
of chapter 134 of such title is amended by striking the items
relating to sections 2246 and 2247.
(g) TEST PROGRAM OF SALE OF CERTAIN ITEMS IN COMMISSARY
STORES.—(1) The Secretary of Defense may conduct a test program
involving the sale of telephone cards, film, and one-time use cameras
in not less than 10 commissary stores for a period selected by
the Secretary, but not less than six months.
(2) Within 90 days after the completion of the first year of
the test program or within 90 days after the completion of the
test program, whichever occurs first, the Secretary shall submit
H. R. 4200—163
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
containing the results of the test program. The report shall include
an analysis of the impact of the sale of such items on the exchange
dividend and such recommendations as the Secretary considers
appropriate regarding legislative changes necessary to expand the
sale of such items in commissary stores.
(h) COMPTROLLER GENERAL STUDY.—(1) The Comptroller Gen-
eral shall conduct a study evaluating the impact that the expansion
of the categories of merchandise authorized for sale in commissary
stores has on the exchange dividend. The Comptroller General
shall determine the amounts derived from exchange sales and allo-
cated as exchange dividends during the five-year period ending
on September 30, 2004, and the morale, welfare, and recreation
programs supported using such dividends.
(2) The Secretary shall submit the results of the study to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives not later than
March 31, 2006.
SEC. 652. CONSISTENT STATE TREATMENT OF DEPARTMENT OF
DEFENSE NONAPPROPRIATED FUND HEALTH BENEFITS
PROGRAM.
Section 349 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 10 U.S.C. 1587 note) is amended
by adding at the end the following new subsection:
‘‘(c) TREATMENT
OF PROGRAM
AS FEDERAL HEALTH BENEFIT
PROGRAM.—(1) No State tax, fee, other monetary payment, or State
health plan requirement, may be imposed, directly or indirectly,
on the Nonappropriated Fund Uniform Health Benefits Program
of the Department of Defense, or on a carrier or an underwriting
or plan administration contractor of the Program, to the same
extent as such prohibition applies to the health insurance program
authorized by chapter 89 of title 5, United States Code, under
section 8909(f) of such title.
‘‘(2) Paragraph (1) shall not be construed to exempt the Non-
appropriated Fund Uniform Health Benefits Program of the Depart-
ment of Defense, or any carrier or underwriting or plan administra-
tion contractor of the Program from the imposition, payment, or
collection of a tax, fee, or other monetary payment on the net
income or profit accruing to, or realized by, the Program or by
such carrier or contractor from business conducted under the Pro-
gram, so long as the tax, fee, or payment is applicable to a broad
range of business activity.
‘‘(3) In this subsection, the term ‘State’ means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any political subdivision or other non-Federal authority
thereof.’’.
H. R. 4200—164
Subtitle F—Other Matters
SEC. 661. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT OF
EXPENSES INCURRED FOR ADOPTION PLACEMENTS
MADE BY FOREIGN GOVERNMENTS.
Section 1052(g)(3) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(D) A foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which—
‘‘(i) the adopted child is entitled to automatic citi-
zenship under section 320 of the Immigration and
Nationality Act (8 U.S.C. 1431); or
‘‘(ii) a certificate of citizenship has been issued
for such child under section 322 of that Act (8 U.S.C.
1433).’’.
SEC. 662. CLARIFICATION OF EDUCATION LOANS QUALIFYING FOR
EDUCATION LOAN REPAYMENT PROGRAM FOR RESERVE
COMPONENT HEALTH PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code, is amended
by inserting ‘‘a basic professional qualifying degree (as determined
under regulations prescribed by the Secretary of Defense) or grad-
uate education in’’ after ‘‘regarding’’.
SEC. 
663. 
RECEIPT 
OF 
PAY 
BY 
RESERVISTS 
FROM 
CIVILIAN
EMPLOYERS WHILE ON ACTIVE DUTY IN CONNECTION
WITH A CONTINGENCY OPERATION.
Section 209 of title 18, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) This section does not prohibit a member of the reserve
components of the armed forces on active duty pursuant to a call
or order to active duty under a provision of law referred to in
section 101(a)(13) of title 10 from receiving from any person that
employed such member before the call or order to active duty
any payment of any part of the salary or wages that such person
would have paid the member if the member’s employment had
not been interrupted by such call or order to active duty.’’.
SEC. 664. RELIEF FOR MOBILIZED RESERVISTS FROM CERTAIN FED-
ERAL AGRICULTURAL LOAN OBLIGATIONS.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 331F (7 U.S.C. 1981f) the following new
section:
‘‘SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM CER-
TAIN AGRICULTURAL LOAN OBLIGATIONS.
‘‘(a) DEFINITION OF MOBILIZED MILITARY RESERVIST.—In this
section, the term ‘mobilized military reservist’ means an individual
who—
‘‘(1) is on active duty under section 688, 12301(a), 12301(g),
12302, 12304, 12306, or 12406, or chapter 15 of title 10, United
States Code, or any other provision of law during a war or
during a national emergency declared by the President or Con-
gress, regardless of the location at which the active duty service
is performed; or
H. R. 4200—165
‘‘(2) in the case of a member of the National Guard, is
on full-time National Guard duty (as defined in section 101(d)(5)
of title 10, United States Code) under a call to active service
authorized by the President or the Secretary of Defense for
a period of more than 30 consecutive days under section 502(f)
of title 32, United States Code, for purposes of responding
to a national emergency declared by the President and sup-
ported by Federal funds.
‘‘(b) FORGIVENESS OF INTEREST PAYMENTS DUE WHILE BOR-
ROWER IS A MOBILIZED MILITARY RESERVIST.—Any requirement that
a borrower of a direct loan made under this title make any interest
payment on the loan that would otherwise be required to be made
while the borrower is a mobilized military reservist is rescinded.
‘‘(c) DEFERRAL OF PRINCIPAL PAYMENTS DUE WHILE OR AFTER
BORROWER IS A MOBILIZED MILITARY RESERVIST.—The due date
of any payment of principal on a direct loan made to a borrower
under this title that would otherwise be required to be made while
or after the borrower is a mobilized military reservist is deferred
for a period equal in length to the period for which the borrower
is a mobilized military reservist.
‘‘(d) NONACCRUAL OF INTEREST.—Interest on a direct loan made
to a borrower described in this section shall not accrue during
the period the borrower is a mobilized military reservist.
‘‘(e) BORROWER
NOT
CONSIDERED
TO
BE
DELINQUENT
OR
RECEIVING DEBT FORGIVENESS.—Notwithstanding section 373 or
any other provision of this title, a borrower who receives assistance
under this section shall not, as a result of the assistance, be consid-
ered to be delinquent or receiving debt forgiveness for purposes
of receiving a direct or guaranteed loan under this title.’’.
SEC. 665. SURVEY AND ANALYSIS OF EFFECT OF EXTENDED AND FRE-
QUENT MOBILIZATION OF RESERVISTS FOR ACTIVE
DUTY SERVICE ON RESERVIST INCOME.
(a) SURVEY OF MOBILIZED RESERVISTS TO DETERMINE DIFFEREN-
TIAL BETWEEN PRIVATE SECTOR INCOME AND MILITARY COMPENSA-
TION.—(1) The Secretary of Defense shall conduct a survey involving
members of the reserve components who serve, or have served,
on active duty in support of a contingency operation at any time
during the period beginning on September 11, 2001, and ending
on September 30, 2005, to determine the extent to which such
members sustained a reduction in monthly income during their
period of active duty service compared to their average monthly
civilian income during the 12 months preceding their mobilization.
(2) To the extent practicable, at least 50 percent of the total
number of members of the reserve components who have served
on active duty in support of a contingency operation at any time
during the period specified in paragraph (1) should be included
in the survey. To participate in the survey, a member shall agree
to make available to the Secretary such information as the Secretary
may require to accurately calculate the average monthly civilian
income of the member.
(b) CALCULATION
OF INCOME DIFFERENTIAL.—In the case of
each member participating in the survey under subsection (a) whose
total monthly military compensation during the active duty service
of the member was less, or appeared to be less, than the average
monthly civilian income of the member, the Secretary of Defense,
H. R. 4200—166
in cooperation with the member, shall calculate the monthly active-
duty income differential for the member.
(c) COLLECTION
OF DEMOGRAPHIC DATA.—The Secretary of
Defense shall collect demographic data regarding each member
of a reserve component who participates in the survey under sub-
section (a), including, at a minimum, data on the following:
(1) Reserve component.
(2) Unit of assignment.
(3) Grade.
(4) Age.
(5) Years of service.
(6) Sex.
(7) Marital status.
(8) Number of dependents.
(9) General category of private-sector employment, as deter-
mined by the Secretary, but to include an employment category
to cover members who are self-employed.
(10) Military occupational specialty, including specifying
all surveyed members who are serving in a critical wartime
specialty.
(11) Length of service on active duty during the most
recent mobilization.
(12) Number of times mobilized since September 11, 2001.
(d) CONSIDERATION OF AVERAGE MONTHLY RESERVE SERVICE
INCOME.—The Secretary of Defense shall collect data to calculate
the average monthly reserve service income of members of the
reserve components before their mobilization, and consider such
data by grade, general category of military occupational specialty,
and years of service. The Secretary shall also consider the effect
that the receipt of average monthly reserve service income by
reserve component members before mobilization should have on
any obligation of the United States to eliminate or at least reduce
the monthly active-duty income differential suffered by members
serving on active duty in support of a contingency operation.
(e) EFFECT OF INCOME LOSS ON RETENTION.—The Secretary
of Defense shall include in the survey under subsection (a) a ques-
tion intended to solicit information from members of the reserve
components participating in the survey regarding the likely effect
that a reoccurring monthly active-duty income differential while
serving on active duty would have on their decision to remain
in Armed Forces.
(f) ANALYSIS OF SURVEY DATA.—(1) At a minimum, the Sec-
retary of Defense shall determine, for each variable listed in para-
graphs (2) through (12) of subsection (c), the number of members
of the reserve components surveyed under subsection (a) who sus-
tained a monthly active-duty income differential for any month
during their active duty service and compare and contrast that
number with the number of members who did not experience a
monthly active-duty income differential.
(2) The Secretary shall also determine the average amount
of the active-duty income differential by reserve component for
each variable within the characteristics listed in paragraphs (2)
through (12) of subsection (c).
(g) SUBMISSION OF SURVEY RESULTS AND RECOMMENDATIONS.—
(1) Not later than January 31, 2006, the Secretary of Defense
shall submit to Congress and the Comptroller General a report
containing the results of the surveys conducted under subsection
H. R. 4200—167
(a), including the results of the analysis of survey data required
by subsection (f). The Secretary shall include such recommendations
as the Secretary considers appropriate regarding alternatives for
restoring income lost by members of the reserve components who
sustained a monthly active-duty income differential during their
active duty service.
(2) Not later than 90 days after receiving the report of the
Secretary of Defense submitted under paragraph (1), the Comp-
troller General shall submit to Congress an assessment of the
findings and recommendations of the Secretary contained in the
report.
(h) DEFINITIONS USED IN CONDUCTING SURVEY AND CALCULA-
TIONS.—In this section:
(1) The term ‘‘monthly active-duty income differential’’,
with respect to a member of a reserve component who partici-
pates in the survey under subsection (a), means the difference
between—
(A) the average monthly civilian income of the member;
and
(B) the total monthly military compensation of the
member during the active duty service of the member.
(2) The term ‘‘total monthly military compensation’’, with
respect to a member of a reserve component who participates
in the survey, means the amount, computed on a monthly
basis, of the sum of—
(A) the amount of the regular military compensation
(RMC), as defined in section 101(25) of title 37, United
States Code, of the member during the period specified
in subsection (a)(1); and
(B) any amount of special pay or incentive pay and
any allowance (other than an allowance included in regular
military compensation) that is paid to the member on a
monthly basis during the period specified in subsection
(a)(1).
(3) The term ‘‘average monthly civilian income’’, with
respect to a member of a reserve component who participates
in the survey, means the amount, determined by the Secretary
of Defense, of the earned income of the member for the 12
months preceding the first mobilization of the member for
active duty service in support of a contingency operation during
the period specified in subsection (a)(1), divided by 12.
(4) The term ‘‘average monthly reserve service income’’,
with respect to a member of a reserve component who partici-
pates in the survey, means the amount, determined by the
Secretary of Defense, of the regular military compensation,
compensation under section 206 of title 37, United States Code,
and any special pays and allowances referred to in paragraph
(3)(B) received by the member during the 12 months preceding
the first mobilization of the member for active duty service
in support of a contingency operation during the period specified
in subsection (a)(1), divided by 12.
SEC. 666. STUDY OF DISABILITY BENEFITS FOR VETERANS OF SERVICE
IN THE ARMED FORCES WITH SERVICE-CONNECTED
DISABILITIES.
(a) REQUIREMENT FOR STUDY.—(1) The Secretary of Defense
shall conduct a study of the totality of all current and projected
H. R. 4200—168
disability benefits that are available to disabled members and
former members of the Armed Forces for service-connected disabil-
ities and, on the basis of the results of such study, determine
the adequacy of those benefits.
(2) In carrying out the study, the Secretary shall—
(A) compare the disability benefits for members of the
Armed Forces with commercial and other private-sector dis-
ability benefits plans that are provided for other persons in
the United States who are disabled by causes other than service
in the Armed Forces; and
(B) identify and assess the changes to Department of
Defense personnel policies needed to enhance the financial and
nonfinancial benefits that are provided to members and former
members of the Armed Forces for service-connected disabilities.
(b) COORDINATION.—In carrying out the study under subsection
(a) and preparing the report under subsection (c), the Secretary
of Defense shall—
(1) consult with the Secretary of Veterans Affairs and take
into consideration the veterans disability benefits programs
that are administered by the Secretary of Veterans Affairs;
and
(2) consult with, and obtain the assistance of, the Veterans’
Disability Benefits Commission established under title XV of
the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108–136; 117 Stat. 1676).
(c) REPORT.—Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report on the results of the study under this section to the commit-
tees of Congress specified in subsection (e). The report shall include
the following:
(1) The Secretary’s assessments, analyses, and conclusions
resulting from the study.
(2) Recommended legislation to address the deficiencies
in the system of Federal Government disability benefits for
disabled members and former members of the Armed Forces
that are identified in the course of the study.
(3) An estimate of the costs of improvements in the system
of disability benefits that are provided for in the recommended
legislation.
(d) GAO STUDY.—(1) The Comptroller General shall conduct
a study to identify the disability benefits that are payable under
Federal, State, and local laws for employees of the Federal Govern-
ment, State governments, and local governments. In carrying out
the study, the Comptroller General shall, to the extent feasible,
pay particular attention to the disability benefits that are provided
for disabilities incurred in the performance of jobs in which
employees perform tasks with risks that are analogous to the risks
associated with the performance of military tasks by members
of the Armed Forces.
(2) Not later than November 1, 2005, the Comptroller General
shall submit a report on the results of the study under paragraph
(1) to the committees of Congress specified in subsection (e).
(e) RECIPIENTS OF REPORT.—The committees of Congress to
which the reports under subsections (d) and (e) are to be submitted
are as follows:
(1) The Committee on Armed Services and the Committee
on Veterans’ Affairs of the Senate.
H. R. 4200—169
(2) The Committee on Armed Services and the Committee
on Veterans’ Affairs of the House of Representatives.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Enhanced Benefits for Reserves
Sec. 701. TRICARE coverage for members of reserve components who commit to
continued service in the Selected Reserve after release from active duty.
Sec. 702. Comptroller General report on the cost and feasibility of providing private
health insurance stipends for members of the Ready Reserves.
Sec. 703. Permanent earlier eligibility date for TRICARE benefits for members of
reserve components and their dependents.
Sec. 704. Waiver of certain deductibles under TRICARE program for members on
active duty for a period of more than 30 days.
Sec. 705. Authority for payment by United States of additional amounts billed by
health care providers to activated Reserves.
Sec. 706. Permanent extension of transitional health care benefits and addition of
requirement for preseparation physical examination.
Subtitle B—Other Benefits Improvements
Sec. 711. Opportunity for young child dependent of deceased member to become eli-
gible for enrollment in a TRICARE dental plan.
Sec. 712. Comptroller General report on provision of health, education, and support
services for Exceptional Family Member Program enrollees.
Sec. 713. Continuation of sub-acute care for transition period.
Sec. 714. Improvements to pharmacy benefits program
Sec. 715. Professional accreditation of military dentists.
Sec. 716. Temporary authority for waiver of collection of payments due for
CHAMPUS benefits received by disabled persons unaware of loss of
CHAMPUS eligibility.
Sec. 717. Services of marriage and family therapists.
Sec. 718. Chiropractic health care benefits advisory committee.
Subtitle C—Planning, Programming, and Management
Sec. 721. Pilot program for health care delivery.
Sec. 722. Study of provision of travel reimbursement to hospitals for certain mili-
tary disability retirees.
Sec. 723. Study of mental health services.
Sec. 724. Policy for timely notification of next of kin of members seriously ill or in-
jured in combat zones.
Sec. 725. Revised funding methodology for military retiree health care benefits.
Sec. 726.
Grounds for presidential waiver of requirement for informed consent or
option to refuse regarding administration of drugs not approved for gen-
eral use.
Sec. 727. TRICARE program regional directors.
Subtitle D—Medical Readiness Tracking and Health Surveillance
Sec. 731. Medical readiness plan and Joint Medical Readiness Oversight Com-
mittee.
Sec. 732. Medical readiness of Reserves.
Sec. 733. Baseline Health Data Collection Program.
Sec. 734. Medical care and tracking and health surveillance in the theater of oper-
ations.
Sec. 735. Declassification of information on exposures to environmental hazards.
Sec. 736. Report on training on environmental hazards.
Sec. 737. Uniform policy for meeting mobilization-related medical care needs at
military installations.
Sec. 738. Full implementation of Medical Readiness Tracking and Health Surveil-
lance Program and Force Health Protection and Readiness Program.
Sec. 739. Reports and Internet accessibility relating to health matters.
H. R. 4200—170
Subtitle A—Enhanced Benefits for
Reserves
SEC. 701. TRICARE COVERAGE FOR MEMBERS OF RESERVE COMPO-
NENTS WHO COMMIT TO CONTINUED SERVICE IN THE
SELECTED RESERVE AFTER RELEASE FROM ACTIVE
DUTY.
(a) ELIGIBILITY.—(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1076c the following new
section:
‘‘§ 1076d. TRICARE program: coverage for members of
reserve components who commit to continued
service in the Selected Reserve after release from
active duty
‘‘(a) ELIGIBILITY.—A member of the Selected Reserve of the
Ready Reserve of a reserve component of the armed forces is eligible
for health benefits under TRICARE Standard as provided in this
section after the member completes service on active duty to which
the member was called or ordered for a period of more than 30
days on or after September 11, 2001, under a provision of law
referred to in section 101(a)(13)(B), if the member—
‘‘(1) served continuously on active duty for 90 or more
days pursuant to such call or order; and
‘‘(2) on or before the date of the release from such active-
duty service, entered into an agreement with the Secretary
concerned to serve continuously in the Selected Reserve for
a period of one or more whole years following such date.
‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE Standard coverage
of a member under this section, on the basis of active-duty service
performed as described in subsection (a), begins upon the expiration
of the member’s entitlement to care and benefits under section
1145(a) of this title that is based on the same active-duty service.
‘‘(2) Unless earlier terminated under paragraph (3), the period
for TRICARE Standard coverage of a member under this section
shall be equal to the lesser of—
‘‘(A) one year, in the case of a member who is otherwise
eligible but does not serve continuously on active duty for
90 days as described in subsection (a) because of an injury,
illness, or disease incurred or aggravated while deployed;
‘‘(B) one year for each consecutive period of 90 days of
continuous active-duty service described in subsection (a); or
‘‘(C) the number of whole years for which the member
agrees under paragraph (2) of such subsection to continue to
serve in the Selected Reserve after the coverage begins.
‘‘(3) Eligibility for TRICARE Standard coverage of a member
under this section shall terminate upon the termination of the
member’s service in the Selected Reserve.
‘‘(c) FAMILY MEMBERS.—While a member of a reserve component
is covered by TRICARE Standard under the section, the members
of the immediate family of such member are eligible for TRICARE
Standard coverage as dependents of the member.
‘‘(d) PREMIUMS.—(1) A member of a reserve component covered
by TRICARE Standard under this section shall pay a premium
for that coverage.
H. R. 4200—171
‘‘(2) The Secretary of Defense shall prescribe for the purposes
of this section one premium for TRICARE Standard coverage of
members without dependents and one premium for TRICARE
Standard coverage of members with dependents referred to in sub-
section (f)(1). The premium prescribed for a coverage shall apply
uniformly to all covered members of the reserve components.
‘‘(3) The monthly amount of the premium in effect for a month
for TRICARE Standard coverage under this section shall be the
amount equal to 28 percent of the total monthly amount that
the Secretary determines on an appropriate actuarial basis as being
reasonable for that coverage.
‘‘(4) The premiums payable by a member of a reserve component
under this subsection may be deducted and withheld from basic
pay payable to the member under section 204 of title 37 or from
compensation payable to the member under section 206 of such
title. The Secretary shall prescribe the requirements and procedures
applicable to the payment of premiums.
‘‘(5) Amounts collected as premiums under this subsection shall
be credited to the appropriation available for the Defense Health
Program Account under section 1100 of this title, shall be merged
with sums in such Account that are available for the fiscal year
in which collected, and shall be available under subsection (b)
of such section for such fiscal year.
‘‘(e) RELATIONSHIP OF SERVICE AGREEMENT TO OTHER SERVICE
COMMITMENTS.—The service agreement required of a member of
a reserve component under subsection (a)(2) is separate from any
other form of commitment of the member to a period of obligated
service in that reserve component and may cover any part or
all of the same period that is covered by another commitment
of the member to a period of obligated service in that reserve
component.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘immediate family’, with respect to a member
of a reserve component, means all of the member’s dependents
described in subparagraphs (A), (D), and (I) of section 1072(2)
of this title.
‘‘(2) The term ‘TRICARE Standard’ means the Civilian
Health and Medical Program of the Uniformed Services option
under the TRICARE program.
‘‘(g) REGULATIONS.—The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations
for the administration of this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1076c
the following new item:
‘‘1076d. TRICARE program: coverage for members of reserve components who com-
mit to continued service in the Selected Reserve after release from ac-
tive duty.’’.
(b) IMPLEMENTATION.—(1) The Secretary of Defense shall imple-
ment section 1076d of title 10, United States Code, not later than
180 days after the date of the enactment of this Act.
(2)(A) A member of a reserve component of the Armed Forces
who performed active-duty service described in subsection (a) of
section 1076d of title 10, United States Code, for a period beginning
on or after September 11, 2001, and was released from that active-
duty service before the date of the enactment of this Act, or is
released from that active-duty service on or within 180 days after
H. R. 4200—172
the date of the enactment of this Act, may, for the purpose of
paragraph (2) of such subsection, enter into an agreement described
in such paragraph not later than one year after the date of the
enactment of this Act. TRICARE Standard coverage (under such
section 1076d) of a member who enters into such an agreement
under this paragraph shall begin on the later of—
(i) the date applicable to the member under subsection
(b) of such section; or
(ii) the date of the agreement.
(B) The Secretary of Defense shall take such action as is nec-
essary to ensure, to the maximum extent practicable, that members
of the reserve components eligible to enter into an agreement as
provided in subparagraph (A) actually receive information on the
opportunity and procedures for entering into such an agreement
together with a clear explanation of the benefits that the members
are eligible to receive as a result of entering into such an agreement
under section 1076d of title 10, United States Code.
SEC. 702. COMPTROLLER GENERAL REPORT ON THE COST AND FEASI-
BILITY OF PROVIDING PRIVATE HEALTH INSURANCE STI-
PENDS FOR MEMBERS OF THE READY RESERVES.
(a) STUDY REQUIRED.—The Comptroller General shall conduct
a study on the cost and feasibility of providing a stipend to members
of the Ready Reserves to offset the cost of continuing private health
insurance coverage for the members’ dependents when the members
are on active duty for periods of more than 30 days, with the
dependents being ineligible to enroll in the TRICARE program
and payment of the stipend ending when the members are no
longer on active duty.
(b) MATTERS COVERED.—The study shall include the following
matters:
(1) Recommendation for a benefit amount and cost to the
Department of Defense.
(2) Potential effects on medical readiness, recruitment, and
retention.
(3) The extent to which the Reserves and members of
their families might participate under the stipend program.
(4) Administrative and management considerations for the
Department of Defense.
(5) Impact of pre-existing conditions on continuity of care
for dependents.
(6) Possible implications for employers.
(c) REPORT.—Not later than March 31, 2005, the Comptroller
General shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report containing the results of the study under
this section.
SEC. 703. PERMANENT EARLIER ELIGIBILITY DATE FOR TRICARE
BENEFITS FOR MEMBERS OF RESERVE COMPONENTS
AND THEIR DEPENDENTS.
Section 1074(d) of title 10, United States Code, is amended
by striking paragraph (3).