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v. Department of Defense and Donald B. Rice, Sec-
retary of the Air Force on the basis that denying the
media the right to view the return of remains at
Dover Air Force Base does not violate the first
amendment guarantees of freedom of speech and of the
press.
(4) The United States Court of Appeals for the
District of Columbia in that case cited the following
two key Government interests that are served by the
Department of Defense policy:
(A) Reducing the hardship on the families
and friends of the war dead, who may feel obli-
gated to travel great distances to attend arrival
ceremonies at Dover Air Force Base if such cere-
monies were held.
(B) Protecting the privacy of families and
friends of the dead, who may not want media
coverage of the unloading of caskets at Dover Air
Force Base.
(5) The Court also noted, in that case, that the
bereaved may be upset at the public display of the
caskets of their loved ones and that the policy gives
the family the right to grant or deny access to the
media at memorial or funeral services at the home
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base and that the policy is consistent in its concern
for families.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the Department of Defense policy regarding no media
coverage of the transfer of the remains of deceased members
of the Armed Forces appropriately protects the privacy of
the members’ families and friends of and is consistent with
United States constitutional guarantees of freedom of speech
and freedom of the press.
SEC. 367. TRACKING AND CARE OF MEMBERS OF THE
ARMED FORCES WHO ARE INJURED IN COM-
BAT.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) Members of the Armed Forces of the United
States place themselves in harm’s way in the defense
of democratic values and to keep the United States
safe.
(2) This call to duty has resulted in the ultimate
sacrifice of members of the Armed Forces of the
United States who are killed or critically injured
while serving the United States.
(b) SENSE OF SENATE.—It is the sense of the Senate—
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(1) to honor the sacrifice of the members of the
Armed Forces who have been killed or critically
wounded while serving the United States;
(2) to recognize the heroic efforts of the medical
personnel of the Armed Forces in treating wounded
military personnel and civilians; and
(3) to support advanced medical technologies
that assist the medical personnel of the Armed Forces
in saving lives and reducing disability rates for mem-
bers of the Armed Forces.
(c) POLICY ON TRACKING OF WOUNDED FROM COMBAT
ZONES.—(1) Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall—
(A) prescribe the policy of the Department of De-
fense for providing timely notification to the next of
kin of the status, including health and location, of
members of the Armed Forces who are seriously ill or
injured in a combat zone; and
(B) transmit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a
copy of the policy prescribed under subparagraph (A).
(2) The policy prescribed under paragraph (1) shall
ensure respect for the expressed desires of individual mem-
bers of the Armed Forces regarding notification of next of
kin under the policy, and shall also include standards of
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timeliness for the initial and continuing notification of next
of kin under the policy.
(d) FUNDING FOR MEDICAL EQUIPMENT AND COMBAT
CASUALTY TECHNOLOGIES.—(1) The amount authorized to
be appropriated by section 201(4) for research, development,
test, and evaluation, Defense-wide activities, is hereby in-
creased by $10,000,000, with the amount of the increase to
be allocated to Program Element PE 0603826D8Z.
(2) Of the amount authorized to be appropriated by
section 201(4) for research, development, test, and evalua-
tion, Defense-wide activities, and allocated to Program Ele-
ment PE 0603826D8Z, as provided by paragraph (1),
$10,000,000 may be available for medical equipment and
combat casualty care technologies.
(e) OFFSET.—The amount authorized to be appro-
priated by section 421 is hereby reduced by $10,000,000,
with the amount of the reduction to be derived from excess
amounts provided for military personnel of the Air Force.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2005, as follows:
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(1) The Army, 502,400, subject to the condition
that costs of active duty personnel of the Army in ex-
cess of 482,400 shall be paid out of funds authorized
to be appropriated for fiscal year 2005 for a contin-
gent emergency reserve fund or as an emergency sup-
plemental appropriation.
(2) The Navy, 365,900.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,700.
SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF
ARMY 
ACTIVE 
DUTY 
PERSONNEL 
END
STRENGTHS 
FOR 
FISCAL 
YEARS 
2005
THROUGH 2009.
(a) AUTHORITY.—During fiscal years 2005 through
2009, the Secretary of Defense is authorized to increase by
up to 30,000 the end strength authorized for the Army for
such fiscal year under section 115(a)(1)(A) of title 10,
United States Code, as necessary to support the operational
mission of the Army in Iraq and Afghanistan and to
achieve transformational reorganization objectives of the
Army, including objectives for increased numbers of combat
brigades, unit manning, force stabilization and shaping,
and rebalancing of the active and reserve component forces
of the Army.
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(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU-
THORITY.—Nothing in this section shall be construed to
limit the President’s authority under section 123a of title
10, United States Code, to waive any statutory end strength
in a time of war or national emergency.
(c) RELATIONSHIP
TO OTHER VARIANCE AUTHOR-
ITY.—The authority under subsection (a) is in addition to
the authority to vary authorized end strengths that is pro-
vided in subsections (e) and (f) of section 115 of title 10,
United States Code.
(d) BUDGET TREATMENT.—If the Secretary of Defense
plans to increase the Army active duty end strength for a
fiscal year under subsection (a) of this section or pursuant
to a suspension of end-strength limitation under section
123a of title 10, United States Code, then the budget for
the Department of Defense for such fiscal year as submitted
to Congress shall specify the amounts necessary for funding
the active duty end strength of the Army in excess of
482,400 (the end strength authorized for active duty per-
sonnel of the Army for fiscal year 2004 in section 401(1)
of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108–136; 117 Stat. 1450)).
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SEC. 403. EXCLUSION OF SERVICE ACADEMY PERMANENT
AND CAREER PROFESSORS FROM A LIMITA-
TION 
ON 
CERTAIN 
OFFICER 
GRADE
STRENGTHS.
Section 523(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(8) Up to 50 permanent professors of each of
the United States Military Academy and the United
States Air Force Academy, and up to 50 professors of
the United States Naval Academy who are career
military professors (as defined in regulations pre-
scribed by the Secretary of the Navy).’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2005, as follows:
(1) The Army National Guard of the United
States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 83,400.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United
States, 106,800.
(6) The Air Force Reserve, 76,100.
(7) The Coast Guard Reserve, 10,000.
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(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
as of September 30, 2005, the following number of Reserves
to be serving on full-time active duty or full-time duty, in
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the case of members of the National Guard, for the purpose
of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United
States, 26,602.
(2) The Army Reserve, 14,970.
(3) The Naval Reserve, 14,152.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United
States, 12,253.
(6) The Air Force Reserve, 1,900.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
The minimum number of military technicians (dual
status) as of the last day of fiscal year 2005 for the reserve
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall
be the following:
(1) For the Army Reserve, 7,299.
(2) For the Army National Guard of the United
States, 25,076.
(3) For the Air Force Reserve, 9,954.
(4) For the Air National Guard of the United
States, 22,956.
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SEC. 414. FISCAL YEAR 2005 LIMITATIONS ON NON-DUAL
STATUS TECHNICIANS.
(a) LIMITATIONS.—(1) Within the limitation provided
in section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the Na-
tional Guard as of September 30, 2005, may not exceed the
following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United
States, 350.
(2) The number of non-dual status technicians em-
ployed by the Army Reserve as of September 30, 2005, may
not exceed 795.
(3) The number of non-dual status technicians em-
ployed by the Air Force Reserve as of September 30, 2005,
may not exceed 90.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In
this section, the term ‘‘non-dual status technician’’ has the
meaning given the term in section 10217(a) of title 10,
United States Code.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS
RESERVE OFFICERS IN ACTIVE STATUS IN
GRADES BELOW GENERAL OFFICER.
(a) INCREASED STRENGTHS FOR FIELD GRADE AND
COMPANY GRADE OFFICERS.—Section 12005(c)(1), of title
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10, United States Code, is amended by amending the table
to read as follows:
‘‘Colonel ...........................................................................................
2 percent
‘‘Lieutenant colonel ........................................................................
8 percent
‘‘Major .............................................................................................
16 percent
‘‘Captain .........................................................................................
39 percent
‘‘First lieutenant and second lieutenant (when combined with
the number authorized for general officer grades under sec-
tion 12004 of this title) ..............................................................
35 percent.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2004.
Subtitle C—Authorizations of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2005 a total of $104,535,458,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2005.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2005 from the Armed Forces Retirement Home Trust
Fund the sum of $61,195,000 for the operation of the Armed
Forces Retirement Home.
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TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Joint Officer Personnel
Management
SEC. 501. MODIFICATION OF CONDITIONS OF ELIGIBILITY
FOR WAIVER OF JOINT DUTY CREDIT RE-
QUIREMENT FOR PROMOTION TO GENERAL
OR FLAG OFFICER.
(a) CAREER FIELD SPECIALTIES WITH NO JOINT RE-
QUIREMENTS.—Paragraph (2) of section 619a(b) of title 10,
United States Code, is amended by striking ‘‘scientific and
technical qualifications’’ and inserting ‘‘career field spe-
cialty qualifications’’.
(b) OFFICERS SELECTED FOR PROMOTION WHILE IN
JOINT DUTY ASSIGNMENT.—Paragraph (4) of such section
is amended by striking ‘‘if—’’ and all that follows and in-
serting ‘‘if the officer’s total consecutive service in joint duty
assignments meets the requirements of section 664 of this
title for credit for having completed a full tour of duty in
a joint duty assignment.’’.
SEC. 502. MANAGEMENT OF JOINT SPECIALTY OFFICERS.
(a) EDUCATION AND EXPERIENCE REQUIREMENTS.—
(1) Subsection (c) of section 661 of title 10, United States
Code, is amended by striking paragraph (1) and inserting
the following: ‘‘(1) An officer shall have the joint specialty
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(and shall be designated with a joint specialty officer iden-
tifier) upon—
‘‘(A) successfully completing (in any sequence)—
‘‘(i) a program accredited by Chairman of
the Joint Chiefs of Staff that is presented by a
joint professional military education institution;
and
‘‘(ii) a full tour of duty in a joint duty as-
signment; or
‘‘(B) completing two full tours of duty in joint
duty assignments.’’.
(2) Subsection (c) of such section is further amended—
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as para-
graph (2).
(b) DESIGNATION OF JOINT SPECIALTY GENERAL AND
FLAG OFFICER POSITIONS.—Section 661 of such title is
further amended—
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
‘‘(f) JOINT SPECIALTY OFFICER DESIGNATION FOR
GENERAL AND FLAG POSITIONS.—(1) The Secretary of De-
fense shall ensure that the general and flag officer positions
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required to be filled by officers with the joint specialty as
joint duty assignments are designated as such.
‘‘(2) An officer without the joint specialty may be as-
signed to a position designated under paragraph (1) only
if the Secretary of Defense determines that the assignment
of that officer to such position is necessary and waives the
requirement to assign an officer with the joint specialty to
that position.’’.
SEC. 503. REVISED PROMOTION POLICY OBJECTIVES FOR
JOINT OFFICERS.
(a) QUALIFICATIONS.—Subsection (a) of section 662 of
title 10, United States Code, is amended to read as follows:
‘‘(a) QUALIFICATIONS.—(1) The Secretary of a mili-
tary department shall prescribe for the officers in each of
the armed forces under the jurisdiction of such Secretary
policies and procedures to ensure that an adequate number
of senior colonels, or in the case of the Navy, senior cap-
tains, who are serving in or have served in joint duty as-
signments meet the requirements of section 619a of this title
for eligibility for promotion to brigadier general and rear
admiral (lower half).
‘‘(2) The Secretary of Defense shall ensure that the
qualifications of officers assigned to joint duty assignments
are such that—
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‘‘(A) officers who are serving on or have served
on the Joint Staff are expected, as a group, to be pro-
moted to the next higher grade at a rate not less than
the rate for officers of the same armed force in the
same grade and competitive category who are serving
on the headquarters staff of their armed force; and
‘‘(B) officers who are serving in or have served
in joint duty assignments are expected, as a group,
to be promoted to the next higher grade at a rate not
less than the rate for all officers of the same armed
force in the same grade and competitive category.
‘‘(3) The Secretary of Defense shall prescribe policies
to ensure that the Secretaries of the military departments
provide for promotion selection boards to give appropriate
consideration to officers who are serving in or have served
in joint duty assignments and are eligible for consideration
by such boards.’’.
(b) CONFORMING AMENDMENT.—Subsection (b) of such
section is amended by striking ‘‘paragraphs (1), (2), and
(3) of subsection (a)’’ and inserting ‘‘subparagraphs (A)
and (B) of subsection (a)(2)’’.
SEC. 504. LENGTH OF JOINT DUTY ASSIGNMENTS.
Section 664 of title 10, United States Code, is amended
by striking subsection (b) and all that follows and inserting
the following new subsections:
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‘‘(b) FULL CREDIT FOR JOINT DUTY.—An officer shall
be credited with having completed a full tour of duty in
a joint duty assignment upon the completion of any of the
following:
‘‘(1) Service in a joint duty assignment that
meets the standards of subsection (a).
‘‘(2) Service in a joint duty assignment for a pe-
riod that equals or exceeds the standard length of the
joint duty assignments that is prescribed under sub-
section (c) for the installation or other location of the
officer’s joint duty assignment.
‘‘(3) Cumulative service of at least one year on
one or more headquarters staffs within a United
States or multinational joint task force.
‘‘(4) Service in a second joint duty assignment
for not less than 24 months, without regard to how
much of the officer’s service in the first joint duty as-
signment has been credited as service in a joint duty
assignment.
‘‘(5) Any service in a joint duty assignment if
the Secretary of Defense has granted a waiver for
such officer under subsection (d).
‘‘(c) STANDARD LENGTH
OF JOINT DUTY ASSIGN-
MENTS.—The Secretary of Defense shall prescribe in regula-
tions, for each installation and other location authorized
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joint duty assignment positions, the standard length of the
joint duty assignments in such positions at that installa-
tion or other location, as the case may be.
‘‘(d) WAIVER AUTHORITY.—The Secretary of Defense
may waive the applicability of this section in the case of
any particular officer if the Secretary determines that it
is in the national security interests of the United States
to do so.’’.
SEC. 505. REPEAL OF MINIMUM PERIOD REQUIREMENT FOR
PHASE II JOINT PROFESSIONAL MILITARY
EDUCATION.
Section 663 of title 10, United States Code, is amended
by striking subsection (e).
SEC. 506. REVISED DEFINITIONS APPLICABLE TO JOINT
DUTY.
(a) JOINT DUTY ASSIGNMENT.—Subsection (b)(2) of
section 668 of title 10, United States Code, is amended by
striking ‘‘a list’’ in the matter preceding subparagraph (A)
and inserting ‘‘a joint duty assignment list’’.
(b) TOUR OF DUTY.—Subsection (c) of such section is
amended to read as follows:
‘‘(c) TOUR OF DUTY.—In this chapter, the term ‘tour
of duty’ includes two or more consecutive tours of duty in
joint duty assignment positions that is credited as service
in a joint duty assignment under this chapter.’’.
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Subtitle B—Other Officer Personnel
Policy
SEC. 511. TRANSITION OF ACTIVE-DUTY LIST OFFICER
FORCE TO A FORCE OF ALL REGULAR OFFI-
CERS.
(a) ORIGINAL APPOINTMENTS AS COMMISSIONED OF-
FICERS.—(1) Section 532 of title 10, United States Code,
is amended by striking subsection (e).
(2) Subsection (a)(2) of such section is amended by
striking ‘‘fifty-fifth birthday’’ and inserting ‘‘sixty-second
birthday’’.
(3)(A) Such section 532, as amended by paragraph
(1), is further amended by adding at the end the following
new subsection (e):
‘‘(e) For an original appointment in a grade below
major or, in the case of the Navy, a grade below lieutenant
commander under subsection (a), the Secretary of Defense
may waive the applicability of the requirement of sub-
section (a)(1) to an alien lawfully admitted to permanent
residence in the United States when the Secretary deter-
mines that it is the national security interests of the United
States to do so.’’.
(B) Section 619(d) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
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‘‘(5) An officer in the grade of captain or, in the
case of the Navy, lieutenant who is not a citizen of
the United States.’’.
(4) Section 531(a) of such title is amended to read as
follows:
‘‘(a)(1) Original appointments in the grades of second
lieutenant through captain in the Regular Army, Regular
Air Force, and Regular Marine Corps and in the grades
of ensign through lieutenant in the Regular Navy shall be
made by the President. The President may delegate to the
Secretary of Defense authority to make such appointments.
‘‘(2) Original appointments in the grades of major,
lieutenant colonel, and colonel in the Regular Army, Reg-
ular Air Force, and Regular Marine Corps and in the
grades of lieutenant commander, commander, and captain
in the Regular Navy shall be made by the President, by
and with the advice and consent of the Senate.’’.
(b) REPEAL OF TOTAL STRENGTH LIMITATION FOR
ACTIVE DUTY REGULAR COMMISSIONED OFFICERS.—(1)
Section 522 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
32 of such title is amended by striking the item relating
to section 522.
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tive duty service incurred during the initial period of re-
quired active duty service.
‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An
officer of the Regular Army, Regular Air Force, Regular
Navy, or Regular Marine Corps who is transferred to a re-
serve active-status list under this section shall be discharged
from the regular component concerned and appointed as a
reserve commissioned officer under section 12203 of this
title.
‘‘(d) REGULATIONS.—The Secretary concerned shall
prescribe regulations for the exercise of the Secretary’s au-
thority under this section.’’.
(B) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following new
item:
‘‘647. Force shaping authority.’’.
(2) Section 1174(e)(2)(B) of such title is amended by
inserting after ‘‘obligated service’’ the following: ‘‘, unless
the member is an officer discharged or released under the
authority of section 647 of this title’’.
(3) Section 12201(a) of such title is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(B) in the first sentence, by inserting ‘‘, except
as provided in paragraph (2),’’ after ‘‘the armed force
concerned and’’; and
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(C) by adding at the end the following new para-
graph:
‘‘(2) An officer transferred from the active-duty list of
an armed force to a reserve active-status list of an armed
force under section 647 of this title is not required to sub-
scribe to the oath referred to in paragraph (1) in order to
qualify for an appointment under that paragraph.’’.
(4) Section 12203 of such title is amended—
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) Subject to the authority, direction, and control of
the President, the Secretary concerned may appoint as a
reserve commissioned officer any regular officer transferred
from the active-duty list of an armed force to the reserve
active-status list of a reserve component under section 647
of this title, notwithstanding the requirements of subsection
(a).’’.
(5) Section 531 of such title is amended by adding at
the end the following new subsection:
‘‘(c) Subject to the authority, direction, and control of
the President, an original appointment as a commissioned
officer in the Regular Army, Regular Air Force, Regular
Navy, or Regular Marine Corps may be made by the Sec-
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retary concerned in the case of a reserve commissioned offi-
cer upon the transfer of such officer from the reserve active-
status list of a reserve component of the armed forces to
the active-duty list of an armed force, notwithstanding the
requirements of subsection (a).’’.
(d) ACTIVE-DUTY READY RESERVE OFFICERS NOT ON
ACTIVE-DUTY LIST.—Section 641(1)(F) of such title is
amended by striking ‘‘section 12304’’ and inserting ‘‘sec-
tions 12302 and 12304’’.
(e) ALL REGULAR OFFICER APPOINTMENTS FOR STU-
DENTS
ATTENDING
THE
UNIVERSITY
OF
HEALTH
SCIENCES.—Section 2114(b) of such title is amended by
striking ‘‘Notwithstanding any other provision of law, they
shall serve’’ and all that follows through ‘‘if qualified,’’ and
inserting ‘‘Notwithstanding any other provision of law,
they shall be appointed as regular officers in the grade of
O–1 and shall serve on active duty in that grade. Upon
graduation they shall be required to serve on active duty’’.
(f) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 180 days after
the date of the enactment of this Act.
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SEC. 512. ELIGIBILITY OF NAVY STAFF CORPS OFFICERS TO
SERVE AS DEPUTY CHIEFS OF NAVAL OPER-
ATIONS AND ASSISTANT CHIEFS OF NAVAL
OPERATIONS.
(a) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section
5036(a) of title 10, United States Code, is amended by strik-
ing ‘‘in the line’’.
(b) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Sec-
tion 5037(a) of such title is amended by striking ‘‘in the
line’’.
SEC. 513. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE
JOINT DUTY EXPERIENCE AS ELIGIBILITY RE-
QUIREMENT FOR APPOINTMENT OF CHIEFS
OF RESERVE COMPONENTS.
Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), and
8038(b)(4) of title 10, United States Code, are amended by
striking ‘‘December 31, 2004’’ and inserting ‘‘December 31,
2005’’.
SEC. 514. LIMITATION ON NUMBER OF OFFICERS FROCKED
TO MAJOR GENERAL AND REAR ADMIRAL
(UPPER HALF).
Section 777(d) of title 10, United States Code, is
amended—
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
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(2) by striking ‘‘(d) LIMITATION ON NUMBER OF
OFFICERS FROCKED TO SPECIFIED GRADES.—’’ and
inserting the following:
‘‘(d) LIMITATION ON NUMBER OF OFFICERS FROCKED
TO SPECIFIED GRADES.—(1) The total number of brigadier
generals and Navy rear admirals (lower half) on the active-
duty list who are authorized as described in subsection (a)
to wear the insignia for the grade of major general or rear
admiral (upper half), as the case may be, may not exceed
30.’’.
SEC. 515. STUDY REGARDING PROMOTION ELIGIBILITY OF
RETIRED WARRANT OFFICERS RECALLED TO
ACTIVE DUTY.
(a) REQUIREMENT FOR STUDY.—The Secretary of De-
fense shall carry out a study to determine whether it would
be equitable for retired warrant officers on active duty, but
not on the active-duty list by reason of section 582(2) of
title 10, United States Code, to be eligible for consideration
for promotion under section 573 of such title.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the results of the study under
subsection (a). The report shall include a discussion of the
Secretary’s determination regarding the issue covered by the
study, the rationale for the Secretary’s determination, and
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any recommended legislation that the Secretary considers
appropriate regarding that issue.
Subtitle C—Reserve Component
Personnel Policy
SEC. 521. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR
TRAINING FROM AUTHORITY TO ORDER RE-
SERVES TO ACTIVE DUTY.
(a) GENERAL AUTHORITY TO ORDER RESERVES TO
ACTIVE DUTY.—Section 12301 of title 10, United States
Code, is amended—
(1) in the first sentence of subsection (a), by
striking ‘‘(other than for training)’’;
(2) in subsection (c)—
(A) by striking ‘‘(other than for training)’’
and inserting ‘‘as described in subsection (a)’’ in
the first sentence; and
(B) by striking ‘‘(other than for training)’’
in the second sentence; and
(3) in subsection (e), by striking ‘‘(other than for
training)’’ and inserting ‘‘as described in subsection
(a)’’.
(b) READY RESERVE 24-MONTH CALLUP AUTHOR-
ITY.—Section 12302 of such title is amended by striking
‘‘(other than for training)’’ in subsections (a) and (c).
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(c) SELECTED RESERVE AND INDIVIDUAL READY RE-
SERVE 270-DAY CALLUP AUTHORITY.—Section 12304(a) of
such title is amended by striking ‘‘(other than for train-
ing)’’.
(d) STANDBY RESERVE CALLUP AUTHORITY.—Section
12306 of such title is amended—
(1) in subsection (a), by striking ‘‘active duty
(other than for training) only as provided in section
12301 of this title’’ and inserting ‘‘active duty only
as provided in section 12301 of this title, but subject
to the limitations in subsection (b)’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘(other
than for training)’’ and inserting ‘‘under section
12301(a) of this title’’; and
(B) in paragraph (2), by striking ‘‘no other
member’’ and all that follows through ‘‘without
his consent’’ and inserting ‘‘notwithstanding sec-
tion 12301(a) of this title, no other member in
the Standby Reserve may be ordered to active
duty as an individual under such section with-
out his consent’’.
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SEC. 522. EXCEPTION TO MANDATORY RETENTION OF RE-
SERVES ON ACTIVE DUTY TO QUALIFY FOR
RETIREMENT PAY.
Section 12686(a) of title 10, United States Code, is
amended by inserting ‘‘(other than retired pay for non-reg-
ular service under chapter 1223 of this title)’’ after ‘‘a pure-
ly military retirement system’’.
Subtitle D—Education and
Training
SEC. 531. ONE-YEAR EXTENSION OF ARMY COLLEGE FIRST
PILOT PROGRAM.
Section 573(h) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C.
513 note), is amended by striking ‘‘September 30, 2004’’
and inserting ‘‘December 31, 2005’’.
SEC. 532. MILITARY RECRUITER EQUAL ACCESS TO CAM-
PUS.
Subsection (b)(1) of section 983 of title 10, United
States Code, is amended—
(1) by striking ‘‘entry to campuses’’ and insert-
ing ‘‘access to campuses’’; and
(2) by inserting before the semicolon at the end
the following: ‘‘in a manner that is at least equal in
quality and scope to the degree of access to campuses
and to students that is provided to any other em-
ployer’’.
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SEC. 533. EXCLUSION FROM DENIAL OF FUNDS FOR PRE-
VENTING 
ROTC 
ACCESS 
TO 
CAMPUS 
OF
AMOUNTS TO COVER INDIVIDUAL COSTS OF
ATTENDANCE AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) CODIFICATION AND EXTENSION OF EXCLUSION.—
Subsection (d) of section 983 of title 10, United States Code,
is amended—
(1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting
‘‘Except as provided in paragraph (3), the’’; and
(2) by adding at the end the following new para-
graph:
‘‘(3) 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.’’.
(b) CONFORMING AMENDMENTS.—Subsections (a) and
(b) of such section are amended by striking ‘‘(including a
grant of funds to be available for student aid)’’.
(c) 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 re-
pealed.
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SEC. 534. TRANSFER OF AUTHORITY TO CONFER DEGREES
UPON GRADUATES OF THE COMMUNITY COL-
LEGE OF THE AIR FORCE.
(a) AUTHORITY OF AIR UNIVERSITY COMMANDER.—
Subsection (a) of section 9317 of title 10, United States
Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(4) an associate level degree upon graduates of
the Community College of the Air Force who fulfill
the requirements for that degree.’’.
(b) TERMINATION
OF
EXISTING
AUTHORITY.—(1)
Paragraph (1) of section 9315(c) of such title is amended
by striking ‘‘the commander’’ and all that follows through
‘‘at the level of associate’’ and inserting ‘‘an academic de-
gree at the level of associate may be conferred under section
9317 of this title’’.
(2) Paragraph (2) of such section is amended by strik-
ing ‘‘Air Education and Training Command of the Air
Force’’ and inserting ‘‘Air University’’.
(c) CONFORMING AND CLERICAL AMENDMENTS.—(1)
The heading of section 9317 of title 10, United States Code,
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is amended by striking ‘‘graduate-level degrees’’ and
inserting ‘‘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. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RE-
TIRE UPON TERMINATION OF SERVICE AS SU-
PERINTENDENT OF THE AIR FORCE ACAD-
EMY.
(a) REPEALS.—Sections 8921 and 9333a of title 10,
United States Code, are repealed.
(b) CLERICAL AMENDMENTS.—Subtitle D of title 10,
United States Code, is amended—
(1) in the table of sections at the beginning of
chapter 867, by striking the item relating to section
8921; and
(2) in the table of sections at the beginning of
chapter 903, by striking the item relating to section
9333a.
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Subtitle E—Decorations, Awards,
and Commendations
SEC. 541. AWARD OF MEDAL OF HONOR TO INDIVIDUAL IN-
TERRED 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 representa-
tive of casualties of a war
‘‘The medal of honor awarded posthumously to a de-
ceased member of the armed forces who, as an unidentified
casualty of a particular war or other armed conflict, is in-
terred in the Tomb of the Unknowns at Arlington National
Cemetery, Virginia, is awarded to the member as the rep-
resentative 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 individual personally.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘1134. Medal of honor: award to individual interred in Tomb of the Unknowns
as representative of casualties of a war.’’.
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SEC. 542. SEPARATE CAMPAIGN MEDALS FOR OPERATION
ENDURING FREEDOM AND FOR OPERATION
IRAQI FREEDOM.
(a) REQUIREMENT.—The President shall establish a
campaign medal specifically to recognize service by mem-
bers of the uniformed services in Operation Enduring Free-
dom and a separate campaign medal specifically to recog-
nize service by members of the uniformed services in Oper-
ation Iraqi Freedom.
(b) ELIGIBILITY.—Subject to such limitations as may
be prescribed by the President, eligibility for a campaign
medal established pursuant to subsection (a) shall be set
forth in regulations to be prescribed by the Secretary con-
cerned (as defined in section 101 of title 10, United States
Code). In the case of regulations prescribed by the Secre-
taries of the military departments, the regulations shall be
subject to approval by the Secretary of Defense and shall
be uniform throughout the Department of Defense.
SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY
REQUIREMENTS FOR AWARD OF COMBAT IN-
FANTRYMAN 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 Serv-
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ices 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 Com-
bat 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
REQUIREMENTS.—The purpose for revising the criteria and
eligibility requirements for award of the Combat Infantry-
man Badge and the Combat Medical Badge for service in
the Republic of Korea after July 28, 1953, is to ensure fair-
ness 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.
Subtitle F—Military Justice
SEC. 551. REDUCED BLOOD ALCOHOL CONTENT LIMIT FOR
OFFENSE OF DRUNKEN OPERATION OF A VE-
HICLE, AIRCRAFT, OR VESSEL.
Section 911(b)(3) of title 10, United States Code (arti-
cle 111(b)(3) of the Uniform Code of Military Justice), is
amended by striking ‘‘0.10 grams’’ in both places it appears
and inserting ‘‘0.08 grams’’.
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SEC. 552. 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
CONFINEMENT.—The Secretary concerned shall waive li-
ability 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 dur-
ing 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.’’.
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SEC. 553. DEPARTMENT OF DEFENSE POLICY AND PROCE-
DURES ON PREVENTION AND RESPONSE TO
SEXUAL ASSAULTS INVOLVING MEMBERS OF
THE ARMED FORCES.
(a) COMPREHENSIVE POLICY ON PREVENTION AND RE-
SPONSE TO SEXUAL ASSAULTS.—(1) Not later than Janu-
ary 1, 2005, the Secretary of Defense shall develop a com-
prehensive policy for the Department of Defense on the pre-
vention of and response to sexual assaults involving mem-
bers of the Armed Forces.
(2) The policy shall be based on the recommendations
of the Department of Defense Task Force on Care for Vic-
tims of Sexual Assaults and on such other matters as the
Secretary considers appropriate.
(b) ELEMENTS OF COMPREHENSIVE POLICY.—The pol-
icy developed under subsection (a) shall address the fol-
lowing 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.
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(7) Oversight by commanders of administrative
and disciplinary actions in response to substantiated
incidents of sexual assault.
(8) Disposition of victims of sexual assault, in-
cluding review by appropriate authority of adminis-
trative 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 sex-
ual 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 RE-
SPOND 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 nec-
essary to enhance the capability of the Department of De-
fense to address matters relating to sexual assaults involv-
ing members of the Armed Forces.
(d) APPLICATION
OF COMPREHENSIVE POLICY TO
MILITARY DEPARTMENTS.—The Secretary shall ensure
that, to the maximum extent practicable, the policy devel-
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oped under subsection (a) is implemented uniformly by the
military departments.
(e) POLICIES AND PROCEDURES OF MILITARY DE-
PARTMENTS.—(1) Not later than March 1, 2005, the Secre-
taries of the military departments shall prescribe regula-
tions, or modify current regulations, 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 inci-
dence of sexual assaults involving members of the
Armed Forces.
(B) A program to provide victim advocacy and
intervention for members of the Armed Force con-
cerned who are victims of sexual assault, which pro-
gram shall make available, at home stations and in
deployed locations, trained advocates who are readily
available to intervene on behalf of such victims.
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(C) Procedures for members of the Armed Force
concerned to follow in the case of an incident of sex-
ual 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 evi-
dence; and
(iv) procedures for confidential reporting
and for contacting victim advocates.
(D) Procedures for disciplinary action in cases
of sexual assault by members of the Armed Force con-
cerned.
(E) Other sanctions authorized to be imposed in
substantiated cases of sexual assault, whether forcible
or nonforcible, by members of the Armed Force con-
cerned.
(F) Training on the policies and procedures for
all members of the Armed Force concerned, including
specific training for members of the Armed Force con-
cerned who process allegations of sexual assault
against members of such Armed Force.
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(G) Any other matters that the Secretary of De-
fense considers appropriate.
(f) ANNUAL ASSESSMENT OF POLICIES AND PROCE-
DURES.—Not later than January 15, 2006, and each year
thereafter, each Secretary of a military department shall
conduct an assessment of the implementation during the
preceding fiscal year of the policies and procedures of such
department on the prevention of and response to sexual as-
saults involving members of the Armed Forces in order to
determine the effectiveness of such policies and procedures
during such fiscal year in providing an appropriate re-
sponse to such sexual assaults.
(g) ANNUAL REPORTS.—(1) Not later than April 1,
2005, and January 15 of each year thereafter, each Sec-
retary of a military department shall submit to the Sec-
retary of Defense a report on the sexual assaults involving
members of the Armed Force concerned during the preceding
year.
(2) Each report on an Armed Force under paragraph
(1) shall contain the following:
(A) The number of sexual assaults against mem-
bers of the Armed Force, and the number of sexual as-
saults by members of the Armed Force, that were re-
ported to military officials during the year covered by
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such report, and the number of the cases so reported
cases that were substantiated.
(B) A synopsis of and the disciplinary action
taken in each substantiated case.
(C) The policies, procedures, and processes im-
plemented by the Secretary concerned during the year
covered by such report in response to incidents of sex-
ual assault involving members of the Armed Force
concerned.
(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) in 2006, 2007,
and 2008 shall also include the assessment conducted by the
Secretary concerned under subsection (f).
(4) The Secretary of Defense shall transmit to the Com-
mittees on Armed Services of the Senate and the House of
Representatives each report submitted to the Secretary
under this subsection, together with the comments of the
Secretary on each such report. The Secretary shall transmit
the report on 2004 not later than May 1, 2005, and shall
transmit the report on any year after 2004 not later than
March 15 of the year following such year.
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(h) SEXUAL ASSAULT DEFINED.—In this section, the
term ‘‘sexual assault’’ includes rape, acquaintance rape,
sexual assault, and other criminal sexual offenses.
Subtitle 
G—Scope 
of 
Duties 
of
Ready Reserve Personnel in In-
active Duty Status
SEC. 561. REDESIGNATION OF INACTIVE-DUTY TRAINING TO
ENCOMPASS OPERATIONAL AND OTHER DU-
TIES PERFORMED BY RESERVES WHILE IN IN-
ACTIVE DUTY STATUS.
(a) REDESIGNATION OF DUTY STATUS.—(1) The duty
status applicable to members of the reserve components of
the Armed Forces that is known as ‘‘inactive-duty training’’
is redesignated as ‘‘inactive duty’’.
(2) Any reference that is made in any law, regulation,
document, paper, or other record of the United States to
inactive-duty training, as such term applies to members of
the reserve components of the Armed Forces, shall be deemed
to be a reference to inactive duty.
(b) TITLE 10 CONFORMING AND CLERICAL AMEND-
MENTS.—(1) The following provisions of title 10, United
States Code, are amended by striking ‘‘inactive-duty train-
ing’’ each place it appears and inserting ‘‘inactive duty’’:
sections 101(d)(7), 802(a)(3), 802(d)(2)(B), 802(d)(5)(B),
803(d), 936(a), 936(b), 976(a)(1)(C), 1061(b), 1074a(a),
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1076(a)(2)(B), 
1076(a)(2)(C), 
1204(2), 
1448(f)(1)(B),
1476(a)(1)(B), 
1476(a)(2)(A), 
1481(a)(2), 
9446(a)(3),
12602(a)(3), 12602(b)(3), and 18505(a).
(2) The following provisions of such title are amended
by striking ‘‘inactive duty training’’ each place it appears
and inserting ‘‘inactive duty’’: sections 1086(c)(2)(B),
1175(e)(2), 
1475(a)(2), 
1475(a)(3), 
2031(d)(2), 
and
10204(b).
(3) Section 1206(2) of such title is amended by striking
‘‘in line of duty—’’ and all that follows through ‘‘residence;
or’’ and inserting the following: ‘‘in line of duty while—
‘‘(A) performing active duty or inactive
duty;
‘‘(B) traveling directly to or from the place
at which such duty is performed; or
‘‘(C) remaining overnight immediately be-
fore the commencement of inactive duty, or while
remaining overnight between successive periods
of inactive-duty training, at or in the vicinity of
the site of the inactive duty, if the site is outside
reasonable commuting distance of the member’s
residence;’’.
(4) Section 1471(b)(3)(A) of such title is amended by
striking ‘‘for training’’ in clauses (ii) and (iii).
(5) Section 1478(a) of such title is amended—
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(A) in paragraph (3)—
(i) by striking ‘‘from inactive duty train-
ing’’ and inserting ‘‘from the location of inactive
duty’’; and
(ii) by striking ‘‘on inactive duty training’’
and inserting ‘‘on inactive duty’’;
(B) in paragraph (7)—
(i) by striking ‘‘inactive duty training’’ and
inserting ‘‘inactive duty’’; and
(ii) by striking ‘‘or training’’; and
(C) in paragraph (8), by striking ‘‘inactive duty
training’’ both places it appears and inserting ‘‘inac-
tive duty’’.
(6) Section 12317 of such title is amended by striking
‘‘, or to participate in inactive duty training,’’ and insert-
ing ‘‘inactive duty’’.
(7) Section 12319(c) of such title is amended—
(A) by striking ‘‘inactive-duty training’’ both
places it appears and inserting ‘‘inactive duty’’; and
(B) by striking ‘‘that training)’’ and inserting
‘‘that duty)’’.
(8) Section 12603(a) of such title is amended—
(A) by striking ‘‘inactive duty training’’ and in-
serting ‘‘inactive duty’’; and
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(B) by striking ‘‘the training’’ and inserting
‘‘such duty’’.
(9) Section 12604(a) of such title is amended by strik-
ing ‘‘to inactive-duty training’’ and inserting ‘‘to perform
inactive duty’’.
(10)(A) The headings for sections 1204, 1206, 12603,
and 18505 of such title are amended by striking ‘‘inac-
tive-duty training’’ and inserting ‘‘inactive duty’’.
(B) The heading for section 1475 of such title is
amended by striking ‘‘training’’.
(C) The heading for section 1476 of such title is
amended by striking ‘‘or training’’.
(D) The heading for section 12604 of such title is
amended by striking ‘‘attending inactive-duty
training’’ and inserting ‘‘performing inactive
duty’’.
(11)(A) The table of sections at the beginning of chap-
ter 61 of such title is amended—
(i) by striking the item relating to section 1204
and inserting the following:
‘‘1204. Members on active duty for 30 days or less or on inactive duty: retire-
ment.’’;
and
(ii) by striking the item relating to section 1206
and inserting the following:
‘‘1206. Members on active duty for 30 days or less or on inactive duty: separa-
tion.’’.
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(B) The table of sections at the beginning of subchapter
II of chapter 75 of such title is amended by striking the
items relating to sections 1475 and 1476 and inserting the
following:
‘‘1475. Death gratuity: death of members on active duty or inactive duty and of
certain other persons.
‘‘1476. Death gratuity: death after discharge or release from duty.’’.
(C) The table of sections at the beginning of chapter
1217 of such title is amended by striking the items relating
to sections 12603 and 12604 and inserting the following:
‘‘12603. Attendance of inactive duty assemblies: commercial travel at Federal sup-
ply schedule rates.
‘‘12604. Billeting in Department of Defense facilities: Reserves performing inac-
tive duty.’’.
(D) The item relating to section 18505 in the table
of sections at the beginning of chapter 1805 of such title
is amended to read as follows:
‘‘18505. Reserves traveling for inactive duty: space-required travel on military
aircraft.’’.
(c) TITLE 14 CONFORMING AMENDMENT.—Sections
704 and 705(a) of title 14, United States Code, are amended
by striking ‘‘inactive-duty training’’ and inserting ‘‘inac-
tive duty’’.
(d) TITLE 37 CONFORMING AND CLERICAL AMEND-
MENTS.—(1) Sections 101(22), 205(e)(2)(A), and 433(d) of
title 37, United States Code, are amended by striking ‘‘in-
active-duty training’’ each place it appears and inserting
‘‘inactive duty’’.
(2) Section 204 of such title is amended—
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(A) in subsection (g)(1)—
(i) in subparagraphs (B) and (D), by strik-
ing ‘‘inactive-duty training’’ each place it ap-
pears and inserting ‘‘inactive duty’’ and
(ii) in subparagraph (C), by striking ‘‘or
training’’; and
(B) in subsection (h)(1)—
(i) in subparagraphs (B) and (D), by strik-
ing ‘‘inactive-duty training’’ each place it ap-
pears and inserting ‘‘inactive duty’’; and
(ii) in subparagraph (C), by striking ‘‘or
training’’; and
(3) Section 206 of such title is amended—
(A) in subsection (a)(3)—
(i) by striking clause (ii) of subparagraph
(A) and inserting the following:
‘‘(ii) inactive duty;’’;
(ii) in subparagraph (B), by striking ‘‘or
training’’; and
(iii) in subparagraph (C), by striking ‘‘in-
active-duty training’’ each place it appears and
inserting ‘‘inactive duty’’; and
(B) in subsection (b)(1), by inserting ‘‘or duty’’
after ‘‘kind of training’’.
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(4) Section 308d(a) of such title is amended by strik-
ing ‘‘for training’’.
(5) Section 415 of such title is amended—
(A) in subsection (a)(3), by striking ‘‘inactive-
duty training’’ and inserting ‘‘inactive duty’’; and
(B) in subsection (c)(1), by striking ‘‘on inactive
duty training status’’ and inserting ‘‘inactive duty’’.
(6) Section 552 of such title is amended—
(A) in subsection (a)—
(i) by striking ‘‘performing inactive-duty
training,’’ in the matter preceding paragraph
(1), and inserting ‘‘inactive duty,’’; and
(ii) by striking ‘‘or inactive-duty training’’
in the second sentence and inserting ‘‘or inactive
duty’’; and
(B) in subsection (d), by striking ‘‘inactive-duty
training’’ and inserting ‘‘on inactive duty’’.
(7)(A) The heading for section 206 of such title is
amended by striking ‘‘inactive-duty training’’ and
inserting ‘‘inactive duty’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 3 of such title is amend-
ed to read as follows:
‘‘206. Reserves; members of National Guard: inactive duty.’’.
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(8) The heading for subsection (c) of section 305b of
such 
title 
is 
amended 
by 
striking 
‘‘DUTY
TRAINING.—’’ and inserting ‘‘DUTY.—’’.
(9) The heading for subsection (e) of section 320 of such
title 
is 
amended 
by 
striking 
‘‘DUTY
TRAINING.—’’ and inserting ‘‘DUTY.—’’.
(e) PUBLIC LAW 108–136.—Section 644(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2004 (Pub-
lic Law 108–136; 117 Stat. 1518) is amended by striking
‘‘inactive-duty training’’ and inserting ‘‘inactive duty’’.
SEC. 562. REPEAL OF UNNECESSARY DUTY STATUS DIS-
TINCTION FOR FUNERAL HONORS DUTY.
(a) TITLE 10 DUTY.—(1) Section 12503 of title 10,
United States Code, is repealed.
(2) Section 12552 of such title is repealed.
(b) TITLE 32 DUTY.—(1) Section 115 of title 32,
United States Code, is repealed.
(2) Section 114 of such title is amended by striking
the second sentence.
(c) TITLE 10 CONFORMING AND CLERICAL AMEND-
MENTS.—Title 10, United States Code, is amended as fol-
lows:
(1) Section 1074a(a) is amended—
(A) in paragraph (1)—
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(i) by inserting ‘‘or’’ at the end of sub-
paragraph (A);
(ii) by striking ‘‘; or’’ at the end of
subparagraph (B) and inserting a period;
and
(iii) by striking subparagraph (C);
(B) in paragraph (2)—
(i) by inserting ‘‘or’’ at the end of sub-
paragraph (A);
(ii) by striking ‘‘; or’’ at the end of
subparagraph (B) and inserting a period;
and
(iii) by striking subparagraph (C);
and
(C) by striking paragraph (4).
(2) Section 1076(a)(2) is amended by striking
subparagraph (E).
(3) Section 1204(2) is amended—
(A) by inserting ‘‘or’’ at the end of subpara-
graph (A)(iii);
(B) by striking ‘‘or’’ at the end of subpara-
graph (B)(iii) and inserting a period; and
(C) by striking subparagraph (C).
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(4) Section 1206(2) is amended by striking ‘‘(B)
while the member—’’ and all that follows through
‘‘immediately before so serving;’’.
(5) Section 1481(a)(2) is amended—
(A) by inserting ‘‘or’’ at the end of subpara-
graph (D);
(B) by striking ‘‘; or’’ at the end of sub-
paragraph (E) and inserting a period; and
(C) by striking subparagraph (F).
(6) Section 12732(a)(2)(E) is amended by insert-
ing ‘‘(as such section 12503 or 115, respectively, was
in effect before the date of the enactment of the Na-
tional Defense Authorization Act for Fiscal Year
2005)’’ after ‘‘section 115 of title 32’’.
(7)(A) The table of sections at the beginning of
chapter 1213 is amended by striking the item relating
to section 12503.
(B) The table of sections at the beginning of
chapter 1215 is amended by striking the item relating
to 12552.
(c) TITLE 32 CLERICAL AMENDMENT.—The table of
sections at the beginning of chapter 1 of title 32, United
States Code, is amended by striking the item relating to
section 115.
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(d) TITLE 37 CONFORMING AMENDMENTS.—Section
204 of title 37, United States Code, is amended—
(1) in subsection (g)(1)—
(A) by inserting ‘‘or’’ at the end of subpara-
graph (C);
(B) by striking ‘‘; or’’ at the end of sub-
paragraph (D) and inserting a period; and
(C) by striking subparagraph (E); and
(2) in subsection (h)(1)—
(A) by inserting ‘‘or’’ at the end of subpara-
graph (C);
(B) by striking ‘‘; or’’ at the end of sub-
paragraph (D) and inserting a period; and
(C) by striking subparagraph (E).
SEC. 563. CONFORMING AMENDMENTS TO OTHER LAWS RE-
FERRING TO INACTIVE-DUTY TRAINING.
(a) TITLE 5.—Section 6323(a)(1) of title 5, United
States Code, is amended by striking ‘‘inactive-duty train-
ing’’ and inserting ‘‘inactive duty’’.
(b) TITLE 38.—(1) The following provisions of title 38,
United States Code, are amended by striking ‘‘inactive duty
training’’ each place it appears and inserting ‘‘inactive
duty’’: sections 106(d)(1), 1112(c)(3)(A)(ii), 1302(b)(2),
1312(a)(2)(A), 1965(3), 1965(4), 1965(5), 1967(a)(1)(B),
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1967(b), 1969(a)(3), 1977(e), 2402(2), 4303(13), and
4303(16).
(2) Section 1968 of such title is amended—
(A) by striking ‘‘inactive duty training’’ and in-
serting ‘‘inactive duty’’—
(i) in subsection (a), in the matter pre-
ceding paragraph (1);
(ii) in subsection (a)(3); and
(iii) in subsection (b)(2); and
(B) in subsection (a)(3)—
(i) by striking ‘‘such scheduled training pe-
riod’’ and inserting ‘‘such period of scheduled
duty’’;
(ii) by striking ‘‘the date of such training’’
and inserting ‘‘the date on which such duty pe-
riod ends’’; and
(iii) by striking ‘‘such training terminated’’
and inserting ‘‘on which such duty period ends’’.
SEC. 564. CONFORMING AMENDMENTS TO OTHER LAWS RE-
FERRING TO FUNERAL HONORS DUTY.
(a) TITLE 5.—Section 6323(a)(1) of title 5, United
States Code, is amended by striking ‘‘funeral honors duty
(as described in section 12503 of title 10 and section 115
of title 32),’’.
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(b) TITLE 38.—Section 4303(13) of title 38, United
States Code, is amended—
(1) by inserting ‘‘and’’ after ‘‘full-time National
Guard duty,’’; and
(2) by striking ‘‘, and a period for which a per-
son is absent from employment for the purpose of per-
forming funeral honors duty as authorized by section
12503 of title 10 or section 115 of title 32.’’.
Subtitle H—Other Matters
SEC. 571. ACCESSION OF PERSONS WITH SPECIALIZED
SKILLS.
(a) INITIAL SERVICE OBLIGATION.—Subsection (a) of
section 651 of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) by striking ‘‘deferred under the next to the
last sentence of section 6(d)(1) of the Military Selec-
tive Service Act (50 U.S.C. App. 456(d)(1))’’ and in-
serting ‘‘described in paragraph (3)’’; and
(3) by adding at the end the following new para-
graphs:
‘‘(2) The Secretary concerned may—
‘‘(A) waive the applicability of paragraph (1) to
a person who, as determined by the Secretary con-
cerned, is accessed into an armed force under the ju-
risdiction of that Secretary based on unique skills ac-
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quired in a civilian occupation and is to serve in that
armed force in a specialty requiring those skills; and
‘‘(B) require any alternative period of obligated
service that the Secretary considers appropriate to
meet the needs of the armed force that such person is
entering.
‘‘(3) The requirement under paragraph (1) does not
apply to a person who is deferred under the next to the
last sentence of section 6(d)(1) of the Military Selective
Service Act (50 U.S.C. App. 456(d)(1)).
(b) BASIC TRAINING PERIOD.—Subsection (c) of sec-
tion 671 of such title is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by striking ‘‘(c)(1)’’ and all that follows
through ‘‘Any such period’’ in the second sentence of
paragraph (1) and inserting the following:
‘‘(c)(1) A period of basic training (or equivalent train-
ing) shorter than 12 weeks may be established by the Sec-
retary concerned for members of the armed forces who, as
determined by the Secretary under regulations prescribed
under paragraph (3)—
‘‘(A) have been credentialed in a medical profes-
sion or occupation and are serving in a health-care
occupational specialty; or
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‘‘(B) have unique skills acquired in a civilian
occupation and are to serve in a military specialty
or position requiring those skills.
‘‘(2) Any period of basic training under paragraph
(1)’’.
SEC. 572. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE
MILITARY VOTERS LOCATED IN THE UNITED
STATES.
(a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section
101(b)(3) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)(3)) is amended by striking
‘‘overseas voters’’ and inserting ‘‘absent uniformed services
voters and overseas voters’’.
(b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section
103 of such Act (42 U.S.C. 1973ff–2) is amended—
(1) in subsection (a), by striking ‘‘overseas vot-
ers’’ and inserting ‘‘absent uniformed services voters
and overseas voters’’;
(2) in subsection (b), by striking the second sen-
tence and inserting the following new sentence: ‘‘A
Federal write-in absentee ballot of an absent uni-
formed services voter or overseas voter shall not be
counted—
‘‘(1) if the application of the absent uniformed
services voter or overseas voter for a State absentee
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ballot is received by the appropriate State election of-
ficial after the later of—
‘‘(A) the deadline of the State for receipt of
such application; or
‘‘(B) the date that is 30 days before the gen-
eral election; or
‘‘(2) if a State absentee ballot of the absent uni-
formed services voter or overseas voter is received by
the appropriate State election official not later than
the deadline for receipt of the State absentee ballot
under State law.’’;
(3) in subsection (c)(1), by striking ‘‘overseas
voter’’ and inserting ‘‘absent uniformed services voter
or overseas voter’’;
(4) in subsection (d), by striking ‘‘overseas voter’’
both places it appears and inserting ‘‘absent uni-
formed services voter or overseas voter’’; and
(5) in subsection (e)(2), by striking ‘‘overseas
voters’’ and inserting ‘‘absent uniformed services vot-
ers and overseas voters’’.
(c) CONFORMING AMENDMENTS.—(1) The heading of
section 103 of such Act is amended to read as follows:
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‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GEN-
ERAL ELECTIONS FOR FEDERAL OFFICE FOR
ABSENT UNIFORMED SERVICES VOTERS AND
OVERSEAS VOTERS.’’.
(2) The subsection caption for subsection (d) of such
section is amended by striking ‘‘OVERSEAS VOTER’’ and in-
serting ‘‘ABSENT UNIFORMED SERVICES VOTER OR OVER-
SEAS VOTER’’.
SEC. 573. RENAMING OF NATIONAL GUARD CHALLENGE
PROGRAM AND INCREASE IN MAXIMUM FED-
ERAL SHARE OF COST OF STATE PROGRAMS
UNDER THE PROGRAM.
(a) RENAMING.—The text of section 509 of title 32,
United States Code, is amended by striking ‘‘National
Guard Challenge Program’’ each place it appears and in-
serting ‘‘National Guard Youth Challenge Program’’.
(b) INCREASE IN MAXIMUM FEDERAL SHARE OF COST
OF STATE PROGRAMS.—Subsection (d) of such section is
amended by striking paragraphs (1), (2), (3), and (4), and
inserting the following new paragraphs:
‘‘(1) for fiscal year 2004, 60 percent of the costs
of operating the State program during that year;
‘‘(2) for fiscal year 2005, 65 percent of the costs
of operating the State program during that year;
‘‘(3) for fiscal year 2006, 70 percent of the costs
of operating the State program during that year; and
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‘‘(4) for fiscal year 2007 and each subsequent fis-
cal year, 75 percent of the costs of operating the State
program during such year.’’.
(c) CONFORMING AND 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. 574. APPEARANCE OF VETERANS SERVICE ORGANIZA-
TIONS 
AT 
PRESEPARATION 
COUNSELING
PROVIDED BY THE DEPARTMENT OF DE-
FENSE.
(a) APPEARANCE TO COUNSELING FOR DISCHARGE OR
RELEASE FROM ACTIVE DUTY.—Section 1142 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(d) APPEARANCE BY VETERANS SERVICE ORGANIZA-
TIONS.—(1) The Secretary concerned may permit a rep-
resentative of a veterans service organization to appear at
and participate in any preseparation counseling provided
to a member of the armed forces under this section.
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‘‘(2) For purposes of this subsection, a veterans service
organization is any organization recognized by the Sec-
retary of Veterans Affairs for the representation of veterans
under section 5902 of title 38.’’.
(b) MEETING WITH RESERVES RELEASED FROM AC-
TIVE DUTY FOR FURTHER SERVICE IN THE RESERVES.—
(1) A unit of a reserve component on active duty in the
Armed Forces may, upon release from active duty in the
Armed Forces for further service in the reserve components,
meet with a veterans service organization for information
and assistance relating to such release if the commander
of the unit authorizes the meeting.
(2) The time of a meeting for a unit under paragraph
(1) may be scheduled by the commander of the unit for such
time after the release of the unit as described in that para-
graph as the commander of the unit determines appropriate
to maximize the benefit of the meeting to the members of
the unit.
(3) For purposes of this subsection, a veterans service
organization is any organization recognized by the Sec-
retary of Veterans Affairs for the representation of veterans
under section 5902 of title 38, United States Code.
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SEC. 575. SENSE OF THE SENATE 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 men and women
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 re-
solve 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 members 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 reha-
bilitative services, to restore to members of the Armed
Forces sustaining such injuries the capability to re-
sume the performance of active military service, in-
cluding, in a few cases, the capability to participate
directly in the performance of combat missions.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) members of the Armed Forces who on their
own initiative are highly motivated to return to ac-
tive duty service following rehabilitation from inju-
ries incurred in their service in the Armed Forces,
after appropriate medical review should be given the
opportunity to present their cases for continuing to
serve on active duty in varied military capacities;
(2) other than appropriate medical review, there
should be no barrier in policy or law to such a mem-
ber having the option to return to military service on
active duty; and
(3) the Secretary of Defense should develop spe-
cific protocols that expand options for such members
to return to active duty service and to be retrained
to perform military missions for which they are fully
capable.
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TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE
DURING 
SHORT-ASSIGNMENT 
PERMANENT
CHANGES OF STATION FOR EDUCATION OR
TRAINING.
(a) AUTHORITY.—Paragraph (3) of subsection (d) of
section 403 of title 37, United States Code, is amended by
adding at the end the following new subparagraph:
‘‘(C) In the case of a member who is reassigned
for a permanent change of station or permanent
change of assignment from a duty station within the
continental United States to another duty station
within the continental United States for a period of
not more than one year for the purpose of partici-
pating 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 fol-
lowing areas the Secretary concerned determines to
provide the more equitable basis for the allowance:
‘‘(i) The area of the duty station to which
the member is reassigned.
‘‘(ii) The area of the member’s last duty sta-
tion, but only if, and for the period that, the
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member’s dependents reside in that area on and
after the date of the member’s departure for the
duty station to which the member is reas-
signed.’’.
(b) CONFORMING AMENDMENT.—The heading of such
subsection is amended by striking ‘‘ARE UNABLE TO’’ and
inserting ‘‘DO NOT’’.
SEC. 602. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR UN-
USUAL 
NONRECURRING 
EXPENSES 
IN-
CURRED FOR DUTY OUTSIDE THE CONTI-
NENTAL UNITED STATES.
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 pay a member of the uniformed services on
duty as described in subsection (a) a reimbursement for a
nonrecurring expense incurred by the member incident to
such duty that—
‘‘(A) is directly related to the conditions or loca-
tion of the duty;
‘‘(B) is of a nature or a magnitude not normally
incurred by members of the uniformed services on
duty inside the continental United States; and
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‘‘(C) is not included in the per diem determined
under subsection (b) as payable to the member under
subsection (a).
‘‘(2) Any reimbursement payable to a member under
paragraph (1) is in addition to a per diem payable to that
member under subsection (a).’’.
SEC. 603. PERMANENT INCREASE IN AUTHORIZED AMOUNT
OF FAMILY SEPARATION ALLOWANCE.
(a) PERMANENT AMOUNT.—Subsection (a)(1) of sec-
tion 427 of title 37, United States Code, is amended by
striking ‘‘$100’’ and inserting ‘‘$250’’.
(b) REPEAL OF TEMPORARY AUTHORITY.—Subsection
(e) of such section is repealed.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the earlier
of—
(1) the first day of the first month that begins
after the date of the enactment of this Act; or
(2) January 1, 2005.
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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.—Sec-
tion 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.—Sec-
tion 308e(e) of such title is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
(e) READY RESERVE ENLISTMENT
AND REENLIST-
MENT BONUS.—Section 308h(g) of such title is amended by
striking ‘‘December 31, 2004’’ and inserting ‘‘December 31,
2005’’.
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(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 PROFESSIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—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 ANES-
THETISTS.—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
PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
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TIES.—Section 302g(f ) of such title is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec-
tion 302h(a)(1) of such title is amended by striking ‘‘De-
cember 31, 2004’’ and inserting ‘‘December 31, 2005’’.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)
of title 37, United States Code, is amended by striking ‘‘De-
cember 31, 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 ‘‘De-
cember 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 strik-
ing ‘‘December 31, 2004’’ and inserting ‘‘December 31,
2005’’.
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(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(f) of
such title is amended by striking ‘‘December 31, 2005’’ and
inserting ‘‘December 31, 2006’’.
(c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of such title is amended by striking ‘‘Decem-
ber 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 309(e) of such title is amended by striking ‘‘Decem-
ber 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 CRIT-
ICAL SKILLS.—Section 324(g) of such title is amended by
striking ‘‘December 31, 2004’’ and inserting ‘‘December 31,
2005’’.
SEC. 615. REDUCED SERVICE OBLIGATION FOR NURSES RE-
CEIVING 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
AND
APPLICABILITY.—The
amendment made by subsection (a) shall take effect on Octo-
ber 1, 2004, and shall apply with respect to agreements en-
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tered into under section 302d of title 37, United States
Code, on or after such date.
SEC. 616. ASSIGNMENT INCENTIVE PAY.
(a) DISCONTINUATION UPON COMMENCEMENT OF TER-
MINAL LEAVE.—(1) Subsection (e) of section 307a of title
37, United States Code, is amended by striking ‘‘absence
of the member for authorized leave.’’ and inserting the fol-
lowing:
‘‘(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 mem-
ber from active duty.’’.
(2) Such subsection is further amended by striking ‘‘by
reason of’’ and all that follows through ‘‘pursuant to orders
or’’ and inserting ‘‘by reason of—
‘‘(1) temporary duty performed by the member
pursuant to orders; or’’.
(b) DISCRETIONARY WRITTEN AGREEMENTS.—Sub-
section (b) of such section is amended to read as follows:
‘‘(b) WRITTEN AGREEMENT.—The Secretary concerned
may require a member to enter into a written agreement
with the Secretary in order to qualify for the incentive pay
under this section. A written agreement under this sub-
section shall set forth the period for which the incentive pay
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is to be provided and the monthly rate at which the incen-
tive pay is to be paid.’’.
(c) EFFECTIVE DATE AND APPLICABILITY.—(1) The
amendments made by subsection (a) shall take effect on Oc-
tober 1, 2004.
(2) Paragraph (2) of section 307a(e) of title 37, United
States Code, shall apply with respect to authorized leave
for days after September 30, 2004.
SEC. 617. PERMANENT INCREASE IN AUTHORIZED AMOUNT
OF HOSTILE FIRE AND IMMINENT DANGER
SPECIAL PAY.
(a) PERMANENT AMOUNT.—Subsection (a) of section
310 of title 37, United States Code, is amended by striking
‘‘$150’’ in the matter preceding paragraph (1) and insert-
ing ‘‘$225’’.
(b) REPEAL OF TEMPORARY AUTHORITY.—Subsection
(e) of such section is repealed.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the earlier
of—
(1) the first day of the first month that begins
after the date of the enactment of this Act; or
(2) January 1, 2005.
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SEC. 618. ELIGIBILITY OF ENLISTED MEMBERS TO QUALIFY
FOR CRITICAL SKILLS RETENTION BONUS
WHILE SERVING ON INDEFINITE REENLIST-
MENT.
Paragraph (2) of section 323(a) of title 37, United
States Code, is amended to read as follows:
‘‘(2) in the case of an enlisted member—
‘‘(A) the member, if serving under an enlist-
ment for a definite period—
‘‘(i) reenlists for a period of at least
one year; or
‘‘(ii) voluntarily extends the member’s
enlistment for a period of at least one year;
or
‘‘(B) the member, if serving under an enlist-
ment for an indefinite period, enters into a writ-
ten agreement with the Secretary concerned to
remain on active duty for at least one year
under such enlistment.’’.
SEC. 619. CLARIFICATION OF EDUCATIONAL PURSUITS
QUALIFYING FOR SELECTED RESERVE EDU-
CATION LOAN REPAYMENT PROGRAM FOR
HEALTH PROFESSIONS OFFICERS.
Section 16302(a)(5) of title 10, United States Code,
is amended by striking ‘‘regarding’’ and inserting ‘‘for a
basic professional qualifying degree (as determined under
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regulations prescribed by the Secretary), or graduate edu-
cation, in’’.
SEC. 620. BONUS FOR CERTAIN INITIAL SERVICE OF COM-
MISSIONED OFFICERS IN THE SELECTED RE-
SERVE.
(a) AUTHORITY.—Chapter 5 of title 37, United States
Code, is amended by inserting after section 308i the fol-
lowing new section:
‘‘§ 308j. Special pay: bonus for certain initial service
of commissioned officers in the Selected
Reserve
‘‘(a) AFFILIATION BONUS.—(1) The Secretary con-
cerned may pay an affiliation bonus under this section to
an eligible commissioned officer in any of the armed forces
who enters into an agreement with the Secretary to serve,
for the period specified in the agreement, in the Selected
Reserve of the Ready Reserve of an armed force under the
Secretary’s jurisdiction—
‘‘(A) in a critical officer skill designated under
paragraph (3); or
‘‘(B) to meet a manpower shortage in—
‘‘(i) a unit of that Selected Reserve; or
‘‘(ii) a particular pay grade in that armed
force.
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‘‘(2) A commissioned officer is eligible for an affili-
ation bonus under this section if the officer—
‘‘(A) either—
‘‘(i) is serving on active duty for a period
of more than 30 days; or
‘‘(ii) is a member of a reserve component
not on active duty and, if the member formerly
served on active duty, was released from active
duty under honorable conditions;
‘‘(B) has not previously served in the Selected
Reserve of the Ready Reserve; and
‘‘(C) is not entitled to receive retired or retainer
pay.
‘‘(3)(A) The Secretary concerned shall designate for an
armed force under the Secretary’s jurisdiction the critical
officer skills to which the bonus authority under this sub-
section is to be applied.
‘‘(B) A skill may be designated as a critical officer
skill for an armed force under subparagraph (A) if, to meet
requirements of that armed force, it is critical for that
armed force to have a sufficient number of officers who are
qualified in that skill.
‘‘(4) An affiliation bonus payable pursuant to an
agreement under this section to an eligible officer accrues
on the date on which the person is assigned to a unit or
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position in the Selected Reserve pursuant to such agree-
ment.
‘‘(b) ACCESSION BONUS.—(1) The Secretary concerned
may pay an accession bonus under this section to an eligi-
ble person who enters into an agreement with the
Secretary—
‘‘(A) to accept an appointment as a commis-
sioned officer in the armed forces; and
‘‘(B) to serve in the Selected Reserve of the
Ready Reserve in a skill designated under paragraph
(2) for a period specified in the agreement.
‘‘(2)(A) The Secretary concerned shall designate for an
armed force under the Secretary’s jurisdiction the officer
skills to which the authority under this subsection is to be
applied.
‘‘(B) A skill may be designated for an armed force
under subparagraph (A) if, to mitigate a current or pro-
jected significant shortage of personnel in that armed force
who are qualified in that skill, it is critical to increase the
number of persons accessed into that armed force who are
qualified in that skill or are to be trained in that skill.
‘‘(3) An accession bonus payable to a person pursuant
to an agreement under this section accrues on the date on
which that agreement is accepted by the Secretary con-
cerned.
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‘‘(c) PERIOD OF OBLIGATED SERVICE.—An agreement
entered into with the Secretary concerned under this section
shall require the person entering into that agreement to
serve in the Selected Reserve for a specified period. The pe-
riod specified in the agreement shall be any period not less
than three years that the Secretary concerned determines
appropriate to meet the needs of the reserve component in
which the service is to be performed.
‘‘(d) AMOUNT.—The amount of a bonus under this sec-
tion may be any amount not in excess of $6,000 that the
Secretary concerned determines appropriate.
‘‘(e) PAYMENT.—Upon acceptance of a written agree-
ment by the Secretary concerned under this section, the
total amount of the bonus payable under the agreement be-
comes fixed. The agreement shall specify whether the bonus
is to be paid in one lump sum or in installments.
‘‘(f) RELATION TO OTHER ACCESSION BONUS AU-
THORITY.—No person may receive an affiliation bonus or
accession bonus under this section and financial assistance
under chapter 1608, 1609, or 1611 of title 10, or under sec-
tion 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 en-
tered into by that person under this section, does not accept
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a commission as an officer or does not commence to partici-
pate or does not satisfactorily participate in the Selected
Reserve for the total period of service specified in the agree-
ment shall repay to the United States such compensation
or benefit, except under conditions prescribed by the Sec-
retary 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 exceptions.
‘‘(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 beginning of such chapter is amended by adding at the
end the following new item:
‘‘308j. Special pay: bonus for certain initial service of commissioned officers in
the Selected Reserve.’’.
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SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RE-
CEIVE SUPPLEMENTAL SUBSISTENCE ALLOW-
ANCE AND ELIGIBILITY TO RECEIVE IMMI-
NENT DANGER PAY, FAMILY SEPARATION AL-
LOWANCE, AND CERTAIN FEDERAL ASSIST-
ANCE.
(a) ENTITLEMENT NOT AFFECTED BY RECEIPT OF IM-
MINENT DANGER PAY AND FAMILY SEPARATION ALLOW-
ANCE.—Subsection (b)(2) of section 402a of title 37, United
States Code, is amended by striking subparagraph (A) and
inserting the following:
‘‘(A) shall not take into consideration—
‘‘(i) the amount of the supplemental subsist-
ence allowance that is payable under this section;
‘‘(ii) the amount of special pay (if any)
that is payable under section 310 of this section,
relating to duty subject to hostile fire or immi-
nent danger; or
‘‘(iii) the amount of family separation al-
lowance (if any) that is payable under section
427 of this title; but’’.
(b) ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.—
Section 402a of such title is amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
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(2) by inserting after subsection (f) the following
new subsection (g):
‘‘(g) ELIGIBILITY
FOR OTHER FEDERAL ASSIST-
ANCE.—(1)(A) A child or spouse of a member of the armed
forces receiving the supplemental subsistence allowance
under this section who, except for the receipt of such allow-
ance, would otherwise be eligible to receive a benefit de-
scribed in subparagraph (B) shall be considered to be eligi-
ble for that benefit.
‘‘(B) The benefits referred to in subparagraph (A) are
as follows:
‘‘(i) Assistance provided under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751
et seq.).
‘‘(ii) Assistance provided under the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.).
‘‘(iii) A service under the Head Start Act (42
U.S.C. 9831 et seq.).
‘‘(iv) Assistance under the Child Care and Devel-
opment Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.).
‘‘(2) A household that includes a member of the armed
forces receiving the supplemental subsistence allowance
under this section and, except for the receipt of such allow-
ance, would otherwise be eligible to receive a benefit under
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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.’’.
(c) REQUIREMENT FOR REPORT.—(1) Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the committees of Con-
gress named in paragraph (2) a report on the accessibility
of social services to members of the Armed Forces and their
families. The report shall include the following matters:
(A) The social services for which members of the
Armed Forces and their families are eligible under so-
cial services programs generally available to citizens
and other nationals of the United States.
(B) The extent to which members of the Armed
Forces and their families utilize the social services for
which they are eligible under the programs identified
under subparagraph (A).
(C) The efforts made by each of the military
departments—
(i) to ensure that members of the Armed
Forces and their families are aware of the social
services for which they are eligible under the pro-
grams identified under subparagraph (A); and
(ii) to assist members and their families in
applying for and obtaining such social services.
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(2) The committees of Congress referred to in para-
graph (1) are as follows:
(A) The Committee on Armed Services and the
Committee on Health, Education, Labor, and Pen-
sions of the Senate.
(B) The Committee on Armed Services of the
House of Representatives.
(d) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), this section and the amendments made by
this section shall take effect on October 1, 2004.
(2) Subsection (c) shall take effect on the date of the
enactment of this Act.
Subtitle C—Travel and
Transportation Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES
FOR FAMILY MEMBERS TO ATTEND BURIAL
CEREMONIES OF MEMBERS WHO DIE ON
DUTY.
(a) AUTHORIZED TRAVEL DESTINATION.—Subsection
(a)(1) of section 411f of title 37, United States Code, is
amended by inserting before the period at the end the fol-
lowing: ‘‘at the location determined under subsection (a)(8)
or (d)(2) of section 1482 of title 10’’.
(b) LIMITATION ON AMOUNT.—Subsection (b) of such
section is amended to read as follows:
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‘‘(b) LIMITATION ON AMOUNT.—Allowances for travel
under subsection (a) may not exceed the rates for two days
and the time necessary for such travel.’’.
(c) UNCONDITIONAL
ELIGIBILITY
OF
DECEASED’S
PARENTS.—Subsection (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. LODGING COSTS INCURRED IN CONNECTION
WITH DEPENDENT STUDENT TRAVEL.
(a) AUTHORITY.—Section 430(b)(1) of title 37, United
States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(b) ALLOWANCE
AUTHORIZED.—(1)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The allowance authorized under subparagraph
(A) for an eligible dependent’s travel may include reim-
bursement for costs that are incurred by or for the depend-
ent for lodging of the dependent that is necessitated by an
interruption in the travel caused by extraordinary cir-
cumstances prescribed in the regulations under subsection
(a). The amount of a reimbursement payable under this
subparagraph shall be a rate that is applicable to the cir-
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cumstances under regulations prescribed by the Secretaries
concerned.’’.
(b) EFFECTIVE
DATE
AND
APPLICABILITY.—The
amendments made by subsection (a) shall take effect on Oc-
tober 1, 2004, and shall apply with respect to lodging that
commences on or after such date.
Subtitle D—Retired Pay and
Survivor Benefits
SEC. 641. SPECIAL RULE FOR COMPUTING THE HIGH-36
MONTH AVERAGE FOR DISABLED MEMBERS
OF RESERVE COMPONENTS.
(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 application of paragraphs (1) and
(2) to a member of a reserve component of a uni-
formed service who is entitled to retired pay under
section 1201 or 1202 of this title, each month during
which the member performed duty for which basic
pay is paid under section 203 of title 37 or com-
pensation is paid under section 206 of such title shall
be treated as if it were one month of active service.’’.
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(b) EFFECTIVE
DATES
AND
APPLICABILITY.—(1)
Paragraph (3) of section 1407(c) of title 10, United States
Code (as added by subsection (a)), shall take effect on Octo-
ber 1, 2004, and shall apply with respect to months begin-
ning on or after such date, except as provided in paragraph
(2).
(2) For the computation of survivor annuities under
subparagraph (A)(i) or (B) of section 1451(c)(1) of title 10,
United States Code (as amended by section 642(b) of Public
Law 107–107; 115 Stat. 1152)), paragraph (3) of section
1407(c) of title 10, United States Code (as added by sub-
section (a)), shall take effect as of September 10, 2001, and
shall apply with respect to deaths of members of the uni-
formed services occurring on or after that date.
SEC. 642. DEATH BENEFITS ENHANCEMENT.
(a) FINAL ACTIONS ON FISCAL YEAR 2004 DEATH
BENEFITS STUDY.—(1) Congress finds that the study of the
Federal death benefits for survivors of deceased members of
the Armed Forces under section 647 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–
136; 117 Stat. 1520) has given Congress sufficient insight
to initiate action to provide for the enhancement of the cur-
rent set of death benefits that are provided under law for
the survivors.
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(2) The Secretary of Defense shall expedite the comple-
tion and submission of the final report, which was due on
March 1, 2004, under section 647 of the National Defense
Authorization Act for Fiscal Year 2004.
(3) It is the sense of Congress that the President should
promptly submit to Congress any recommendation for legis-
lation, together with a request for appropriations, that the
President determines necessary to implement the death ben-
efits enhancements that are recommended in the final report
under section 647 of the National Defense Authorization Act
for Fiscal Year 2004.
(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 subsection (c)’’ before the period at the end of
the first sentence; and
(2) by adding at the end the following new sub-
section:
‘‘(c) Effective on the date on which rates of basic pay
under section 204 of this title are increased under section
1009 of title 37 or any other provision of law, the amount
of the death gratuity provided under subsection (a) shall
be increased by the same overall average percentage of the
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increase in the rates of basic pay taking effect on that
date.’’.
(c) FISCAL YEAR 2005 ACTIONS.—At the same time
that the President submits to Congress the budget for fiscal
year 2006 under section 1105(a) of title 31, United States
Code, the President shall submit to the appropriate commit-
tees of Congress referred to in subsection (g) a draft or
drafts of legislation to provide enhanced death benefits for
survivors of deceased members of the uniformed services. The
draft legislation shall include provisions for the following:
(1) Revision of the Servicemembers’ Group Life
Insurance program to provide for—
(A) an increase of the maximum benefit
provided under Servicemembers’ Group Life In-
surance to $350,000, together with an increase,
each fiscal year, by the same overall average per-
centage increase that takes effect during such fis-
cal year in the rates of basic pay under section
204 of title 37, United States Code; and
(B) a minimum benefit of $100,000 at no
cost to the insured members of the uniformed
services who elect the maximum coverage, to-
gether with an increase in such minimum benefit
each fiscal year by the same percentage increase
as is described in subparagraph (A).
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(2) An additional set of death benefits for each
member of the uniformed services who dies in the line
of duty while on active duty that includes, at a min-
imum, an additional death gratuity in the amount
that—
(A) in the case of a member not described
in subparagraph (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 pe-
riod beginning on the member’s date of
death if the member had not died and had
continued to serve on active duty for an ad-
ditional 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
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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 rec-
ommends.
(4) Retroactive applicability of the benefits re-
ferred 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 Operation 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 Operation Iraqi Freedom.
(d) CONSULTATION.—The President shall consult with
the Secretary of Defense and the Secretary of Veterans Af-
fairs in developing the draft legislation required under sub-
section (c).
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(e) FISCAL YEAR 2006 BUDGET SUBMISSION.—The
budget for fiscal year 2006 that is submitted to Congress
under section 1105(a) of title 31, United States Code, shall
include draft legislation (other than draft appropriations)
that includes provisions that, on the basis of the assumption
that the draft legislation submitted 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 the
draft legislation submitted under subsection (c), for
fiscal year 2006 and each of the ensuing 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 Of-
fice and the Director of the Office of Management and
Budget under section 252(d) of the Balanced Budget
and Emergency Deficit Control 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 ADDI-
TIONAL DEATH BENEFITS.—Congress urges the President
to submit the draft of legislation for the additional set of
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death benefits under paragraph (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.
(g) APPROPRIATE COMMITTEES OF CONGRESS.—For
the purposes of subsection (c), the appropriate committees
of Congress are as follows:
(1) The Committees on Armed Services of the
Senate and the House of Representatives, with respect
to draft legislation that is within the jurisdiction of
such committees.
(2) The Committees on Veterans Affairs of the
Senate and the House of Representatives, with respect
to draft legislation within the jurisdiction of such
committees.
SEC. 643. REPEAL OF PHASE-IN OF CONCURRENT RECEIPT
OF RETIRED PAY AND VETERANS’ DISABILITY
COMPENSATION FOR VETERANS WITH SERV-
ICE-CONNECTED DISABILITIES RATED AS 100
PERCENT.
Section 1414 of title 10, United States Code, is
amended—
(1) in subsection (a)(1)—
(A) by inserting after the first sentence the
following new sentence: ‘‘During the period be-
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ginning on January 1, 2004, and ending on De-
cember 31, 2004, payment of retired pay to such
a qualified retiree described in subsection
(c)(1)(B) is subject to subsection (c).’’; and
(B) in the last sentence, by inserting ‘‘(other
than a qualified retiree covered by the preceding
sentence)’’ after ‘‘such a qualified retiree’’; and
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting
‘‘(other than a retiree described by subpara-
graph (B))’’ after ‘‘the retiree’’;
(ii) by redesignating subparagraphs
(B) through (F) as subparagraphs (C)
through (G), respectively; and
(iii) by inserting after subparagraph
(A) the following new subparagraph (B):
‘‘(B) For a month for which the retiree re-
ceives veterans’ disability compensation for a
disability rated as 100 percent, $750.’’;
(B) by redesignating paragraph (11) as
paragraph (12); and
(C) by inserting after paragraph (10) the
following new paragraph (11):
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(3) SPECIAL-ELIGIBILITY
ANNUITY.—Subsection
(c)(1)(B)(i) of such section is amended—
(A) by striking ‘‘35 percent’’ and inserting
‘‘the applicable percent’’; and
(B) 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
the month.’’.
(4) CONFORMING AMENDMENT.—The heading for
subsection (d)(2)(A) of such section is amended to
read as follows: ‘‘COMPUTATION
OF
ANNUITY.—’’.
(b) PHASED ELIMINATION OF SUPPLEMENTAL ANNU-
ITY.—
(1) 
DECREASING
PERCENTAGES.—Section
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, what-
ever the percent specified in the election, may not
exceed 20 percent for months beginning before
October 2005, 15 percent for months beginning
after September 2005 and before October 2008,
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and 10 percent for months beginning after Sep-
tember 2008.’’.
(2) REPEAL OF PROGRAM IN 2014.—Effective on
October 1, 2014, chapter 73 of such title is
amended—
(A) by striking subchapter III; and
(B) by striking the item relating to sub-
chapter III in the table of subchapters at the be-
ginning of that chapter.
(c) RECOMPUTATION OF ANNUITIES.—
(1) REQUIREMENT FOR RECOMPUTATION.—Effec-
tive on the first day of each month referred to in
paragraph (2)—
(A) each annuity under section 1450 of title
10, United States Code, that commenced before
that month, is computed under a provision of
section 1451 of that title amended by subsection
(a), and is payable for that month shall be re-
computed 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
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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 ap-
plicable for that month under that section, as
amended by this section, had been used for the
initial computation of the supplemental survivor
annuity.
(2) TIMES FOR RECOMPUTATION.—The require-
ments for recomputation of annuities under para-
graph (1) apply with respect to the following months:
(A) October 2005.
(B) October 2008.
(C) October 2014.
(d) RECOMPUTATION OF RETIRED PAY REDUCTIONS
FOR
SUPPLEMENTAL
SURVIVOR
ANNUITIES.—The Sec-
retary of Defense shall take such actions as are necessitated
by the amendments made by subsection (b) and the require-
ments of subsection (c)(1)(B) to ensure that the reductions
in retired pay under section 1460 of title 10, United States
Code, are adjusted to achieve the objectives set forth in sub-
section (b) of that section.
SEC. 645. OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN-
EFIT PLAN COMMENCING OCTOBER 1, 2005.
(a) PERSONS NOT CURRENTLY PARTICIPATING
IN
SURVIVOR BENEFIT PLAN.—
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(1) ELECTION OF SBP COVERAGE.—An eligible
retired or former member may elect to participate in
the Survivor Benefit Plan under subchapter II of
chapter 73 of title 10, United States Code, during the
open enrollment period specified in subsection (f).
(2) ELECTION OF SUPPLEMENTAL ANNUITY COV-
ERAGE.—An eligible retired or former member who
elects under paragraph (1) to participate in the Sur-
vivor Benefit Plan at the maximum level may also
elect during the open enrollment period to participate
in the Supplemental Survivor Benefit Plan estab-
lished under subchapter III of chapter 73 of title 10,
United States Code.
(3) ELIGIBLE RETIRED OR FORMER MEMBER.—
For purposes of paragraphs (1) and (2), an eligible
retired or former member is a member or former
member of the uniformed services who on the day be-
fore the first day of the open enrollment period is not
a participant in the Survivor Benefit Plan and—
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under
chapter 1223 of title 10, United States Code, but
for the fact that such member or former member
is under 60 years of age.
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(4) STATUS UNDER SBP OF PERSONS MAKING
ELECTIONS.—
(A) STANDARD ANNUITY.—A person making
an election under paragraph (1) by reason of eli-
gibility under paragraph (3)(A) shall be treated
for all purposes as providing a standard annuity
under the Survivor Benefit Plan.
(B) 
RESERVE-COMPONENT
ANNUITY.—A
person making an election under paragraph (1)
by reason of eligibility under paragraph (3)(B)
shall be treated for all purposes as providing a
reserve-component annuity under the Survivor
Benefit Plan.
(b) ELECTION
TO
INCREASE
COVERAGE
UNDER
SBP.—A person who on the day before the first day of the
open enrollment period is a participant in the Survivor
Benefit Plan but is not participating at the maximum base
amount or is providing coverage under the Plan for a de-
pendent child and not for the person’s spouse or former
spouse may, during the open enrollment period, elect to—
(1) participate in the Plan at a higher base
amount (not in excess of the participant’s retired
pay); or
(2) provide annuity coverage under the Plan for
the person’s spouse or former spouse at a base amount
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not less than the base amount provided for the de-
pendent child.
(c) ELECTION FOR CURRENT SBP PARTICIPANTS TO
PARTICIPATE IN SUPPLEMENTAL SBP.—
(1) ELECTION.—A person who is eligible to make
an election under this paragraph may elect during
the open enrollment period to participate in the Sup-
plemental Survivor Benefit Plan established under
subchapter III of chapter 73 of title 10, United States
Code.
(2) PERSONS ELIGIBLE.—Except as provided in
paragraph (3), a person is eligible to make an elec-
tion under paragraph (1) if on the day before the first
day of the open enrollment period the person is a par-
ticipant in the Survivor Benefit Plan at the max-
imum level, or during the open enrollment period the
person increases the level of such participation to the
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 PARTICIPANTS NOT AFFECTED BY TWO-TIER AN-
NUITY
COMPUTATION.—A person is not eligible to
make an election under paragraph (1) if (as deter-
mined by the Secretary concerned) the annuity of a
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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 enroll-
ment period waive the right to have that annuity
computed under such section 1451(e). Any such elec-
tion 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 opportunities for designation of bene-
ficiaries 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 elec-
tion 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 elec-
tion shall be effective as of the first day of the first calendar
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month following the month in which the election is received
by the Secretary concerned.
(f) OPEN ENROLLMENT PERIOD.—The open enroll-
ment period under this section shall be 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 beginning on the effective date of the
election, the election is void and the amount of any reduc-
tion 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 provisions 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 Ben-
efit Plan, as the case may be.
(i) ADDITIONAL PREMIUM.—The Secretary of Defense
shall prescribe in regulations premiums which a person
electing under this section shall be required to pay for par-
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ticipating 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—
(i) the total amount by which the retired pay of
the person would have been reduced before the effective
date of the election if the person had elected to par-
ticipate in the Survivor Benefit Plan (for the same
base amount specified in the election) at the first op-
portunity that was afforded the member to partici-
pate under chapter 73 of title 10, United States Code;
(ii) interest on the amounts by which the retired
pay of the person would have been so reduced, com-
puted from the dates on which the retired pay would
have been so reduced at such rate or rates and accord-
ing to such methodology as the Secretary of Defense
determines reasonable; and
(iii) any additional amount that the Secretary
determines necessary to protect the actuarial sound-
ness of the Department of Defense Military Retire-
ment Fund against any increased risk for the fund
that is associated with the election.
(A) Premiums paid under the regulations shall be
credited to the Department of Defense Military Retirement
Fund.
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(B) In this paragraph, the term ‘‘Department of De-
fense Military Retirement Fund’’ means the Department of
Defense Military Retirement Fund established under section
1461(a) of title 10, United States Code.
Subtitle E—Other Matters
SEC. 651. INCREASED MAXIMUM PERIOD FOR LEAVE OF AB-
SENCE FOR PURSUIT OF A PROGRAM OF EDU-
CATION 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 pe-
riod 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. 652. ELIGIBILITY OF MEMBERS FOR REIMBURSEMENT
OF EXPENSES INCURRED FOR ADOPTION
PLACEMENTS MADE BY FOREIGN GOVERN-
MENTS.
Section 1052(g)(3) of title 10, United States Code, is
amended by adding at the end the following new subpara-
graph:
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‘‘(D) A foreign government or an agency
authorized by a foreign government to place chil-
dren for adoption, in any case in which—
‘‘(i) the adopted child is entitled to
automatic citizenship 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. 653. ACCEPTANCE OF FREQUENT TRAVELER MILES,
CREDITS, AND TICKETS TO FACILITATE THE
AIR OR SURFACE TRAVEL OF CERTAIN MEM-
BERS OF THE ARMED FORCES AND THEIR
FAMILIES.
Section 2608 of title 10, United States Code, is
amended—
(1) by redesignating subsections (g) through (k)
as subsections (h) through (l), respectively; and
(2) by inserting after subsection (f) the following
new subsection:
‘‘(g) OPERATION HERO MILES.—(1) The Secretary of
Defense may use the authority of subsection (a) to accept
the donation of frequent traveler miles, credits, and tickets
for air or surface transportation issued by any air carrier
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or surface carrier that serves the public and that consents
to such donation, and under such terms and conditions as
the air or surface carrier may specify. The Secretary shall
designate a single office in the Department of Defense to
carry out this subsection, including the establishment of
such rules and procedures as may be necessary to facilitate
the acceptance of such frequent traveler miles, credits, and
tickets.
‘‘(2) Frequent traveler miles, credits, and tickets ac-
cepted under this subsection shall be used only in accord-
ance with the rules established by the air carrier or surface
carrier that is the source of the miles, credits, or tickets and
shall be used only for the following purposes:
‘‘(A) To facilitate the travel of a member of the
armed forces who—
‘‘(i) is deployed on active duty outside the
United States away from the permanent duty
station of the member in support of a contin-
gency operation; and
‘‘(ii) is granted, during such deployment,
rest and recuperative leave, emergency leave,
convalescent leave, or another form of leave au-
thorized for the member.
‘‘(B) In the case of a member of the armed forces
recuperating from an injury or illness incurred or ag-
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gravated in the line of duty during such deployment,
to facilitate the travel of family members of the mem-
ber to be reunited with the member.
‘‘(3) For the use of miles, credits, or tickets under
paragraph (2)(B) by family members of a member of the
armed forces, the Secretary may, as the Secretary deter-
mines appropriate, limit—
‘‘(A) eligibility to family members who, by rea-
son 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.
‘‘(4) Notwithstanding paragraph (2), the Secretary of
Defense may, in an exceptional case, authorize a person not
described in subparagraph (B) of that paragraph to use fre-
quent traveler miles, credits, or a ticket accepted under this
subsection to visit a member of the armed forces described
in such subparagraph if that person has a notably close
relationship with the member. The frequent traveler miles,
credits, or ticket may be used by such person only in accord-
ance with such conditions and restrictions as the Secretary
determines appropriate and the rules established by the air
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carrier or surface carrier that is the source of the miles,
credits, or ticket.
‘‘(5) The Secretary of Defense shall encourage air car-
riers and surface carriers to participate in, and to facilitate
through minimization of restrictions and otherwise, the do-
nation, acceptance, and use of frequent traveler miles, cred-
its, and tickets under this section.
‘‘(6) The Secretary of Defense may enter into an agree-
ment with a nonprofit organization to use the services of
the organization—
‘‘(A) to promote the donation of frequent traveler
miles, credits, and tickets under paragraph (1), except
that amounts appropriated to the Department of De-
fense may not be expended for this purpose; and
‘‘(B) to assist in administering the collection,
distribution, and use of donated frequent traveler
miles, credits, and tickets.
‘‘(7) Members of the armed forces, family members,
and other persons who receive air or surface transportation
using frequent traveler miles, credits, or tickets donated
under this subsection are deemed to recognize no income
from such use. Donors of frequent traveler miles, credits,
or tickets under this subsection are deemed to obtain no tax
benefit from such donation.
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‘‘(8) In this subsection, the term ‘family member’ has
the meaning given that term in section 411h(b)(1) of title
37.’’.
SEC. 654. CHILD CARE FOR CHILDREN OF MEMBERS OF
ARMED FORCES ON ACTIVE DUTY FOR OPER-
ATION ENDURING FREEDOM OR OPERATION
IRAQI FREEDOM.
(a) CHILD CARE FOR CHILDREN WITHOUT ACCESS TO
MILITARY CHILD CARE.—(1) In any case where the chil-
dren of a covered member of the Armed Forces are geo-
graphically dispersed and do not have practical access to
a military child development center, the Secretary of De-
fense may, to the extent funds are available for such pur-
pose, provide such funds as are necessary permit the mem-
ber’s family to secure access for such children to State li-
censed child care and development programs and activities
in the private sector that are similar in scope and quality
to the child care and development programs and activities
the Secretary would otherwise provide access to under sub-
chapter II of chapter 88 of title 10, United States Code,
and other applicable provisions of law.
(2) Funds may be provided under paragraph (1) in
accordance with the provisions of section 1798 of title 10,
United States Code, or by such other mechanism as the Sec-
retary considers appropriate.
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(3) The Secretary shall prescribe in regulations prior-
ities for the allocation of funds for the provision of access
to child care under paragraph (1) in circumstances where
funds are inadequate to provide all children described in
that paragraph with access to child care as described in
that paragraph.
(b) PRESERVATION OF SERVICES AND PROGRAMS.—
The Secretary shall provide for the attendance and partici-
pation of children in military child development centers
and child care and development programs and activities
under subsection (a) in a manner that preserves the scope
and quality of child care and development programs and
activities otherwise provided by the Secretary.
(c) FUNDING.—Amounts otherwise available to the De-
partment of Defense and the military departments under
this Act may be available for purposes of providing access
to child care under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered members of the Armed
Forces’’ means members of the Armed Forces on active
duty, including members of the Reserves who are
called or ordered to active duty under a provision of
law referred to in section 101(a)(13)(B) of title 10,
United States Code, for Operation Enduring Freedom
or Operation Iraqi Freedom.
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(2) The term ‘‘military child development cen-
ter’’ has the meaning given such term in section
1800(1) of title 10, United States Code.
SEC. 655. RELIEF FOR MOBILIZED MILITARY RESERVISTS
FROM 
CERTAIN 
FEDERAL 
AGRICULTURAL
LOAN OBLIGATIONS.
The Consolidated Farm and Rural Development Act
is amended by inserting after section 331F (7 U.S.C. 1981f)
the following:
‘‘SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS
FROM CERTAIN AGRICULTURAL LOAN OBLI-
GATIONS.
‘‘(a) DEFINITION OF MOBILIZED MILITARY RESERV-
IST.—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 na-
tional emergency declared by the President or Con-
gress, regardless of the location at which the active
duty service is performed; or
‘‘(2) in the case of a member of the National
Guard, is on full-time National Guard duty (as de-
fined in section 101(d)(5) of title 10, United States
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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 respond-
ing to a national emergency declared by the President
and supported by Federal funds.
‘‘(b) FORGIVENESS
OF INTEREST PAYMENTS DUE
WHILE BORROWER IS A MOBILIZED MILITARY RESERV-
IST.—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 RESERV-
IST.—The due date of any payment of principal on a direct
loan made to a borrower under this title that would other-
wise 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 mili-
tary reservist.
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‘‘(e) BORROWER NOT CONSIDERED TO BE DELIN-
QUENT
OR RECEIVING DEBT FORGIVENESS.—Notwith-
standing 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 considered to be delin-
quent or receiving debt forgiveness for purposes of receiving
a direct or guaranteed loan under this title.’’.
TITLE VII—HEALTH CARE
Subtitle A—Enhanced Benefits for
Reserves
SEC. 701. DEMONSTRATION PROJECT ON HEALTH BENE-
FITS FOR RESERVES.
(a) DEMONSTRATION PROJECT REQUIRED.—The Sec-
retary of Defense shall carry out a demonstration project
under section 1092 of title 10, United States Code, to assess
the need for, and feasibility of, providing benefits under the
TRICARE program to members of the Ready Reserve of the
Armed Forces who are (1) eligible unemployment com-
pensation recipients, (2) in a period of continuous unem-
ployment from the end of their last month as eligible unem-
ployment compensation recipients, or (3) ineligible for cov-
erage by employer-sponsored health benefits plans for em-
ployees.
(b) DEFINITION.—In this section, the term ‘‘eligible
unemployment compensation recipient’’ has the meaning
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given such term in section 1076b(j) of title 10, United
States Code.
SEC. 702. PERMANENT EARLIER ELIGIBILITY DATE FOR
TRICARE BENEFITS FOR MEMBERS OF RE-
SERVE COMPONENTS.
Section 1074(d) of title 10, United States Code, is
amended by striking paragraph (3).
SEC. 703. WAIVER OF CERTAIN DEDUCTIBLES FOR MEM-
BERS ON ACTIVE DUTY FOR A PERIOD OF
MORE THAN 30 DAYS.
Section 1095d(a) of title 10, United States Code, is
amended by striking ‘‘a period of less than one year’’ both
places that it appears and inserting ‘‘a period of more than
30 days’’.
SEC. 704. PROTECTION OF DEPENDENTS FROM BALANCE
BILLING.
Section 1079(h)(4) of title 10, United States Code, is
amended by adding at the end the following new subpara-
graph:
‘‘(C) In the case of a member of the reserve components
serving on active duty for a period of more than 30 days
in support of a contingency operation under a provision
of law referred to in section 101(a)(13)(B) of this title, the
Secretary may pay the amount applicable under subpara-
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graph (B) to a dependent of such member who is referred
to in subparagraph (A).’’.
SEC. 705. PERMANENT EXTENSION OF TRANSITIONAL
HEALTH CARE BENEFITS AND ADDITION OF
REQUIREMENT FOR PRESEPARATION PHYS-
ICAL EXAMINATION.
(a) PERMANENT REQUIREMENT.—(1) Paragraph (3)
of section 1145(a) of title 10, United States Code, is amend-
ed to read as follows:
‘‘(3) Transitional health care for a member under sub-
section (a) shall be available for 180 days beginning on the
date on which the member is separated from active duty.’’.
(2) The following provisions of law are repealed:
(A) Section 704 of the National Defense Author-
ization Act for Fiscal Year 2004 (Public Law 108–
136; 117 Stat. 1527; 10 U.S.C. 1145 note).
(B) Section 1117 of the Emergency Supple-
mental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public
Law 108–106; 117 Stat. 1218; 10 U.S.C. 1145 note).
(b) REQUIREMENT
FOR PHYSICAL EXAMINATION.—
Such section 1145(a), as amended by subsection (a), is fur-
ther amended by adding at the end the following new para-
graph:
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‘‘(4) The Secretary concerned shall require each mem-
ber referred to in paragraph (1) to undergo a comprehensive
physical examination immediately before the member is
separated from active duty as described in paragraph (2).’’.
SEC. 706. EXPANDED ELIGIBILITY OF READY RESERVE MEM-
BERS UNDER TRICARE PROGRAM.
(a) UNCONDITIONAL ELIGIBILITY.—Subsection (a) of
section 1076b of title 10, United States Code, is amended
by striking ‘‘is eligible, subject to subsection (h), to enroll
in TRICARE’’ and all that follows through ‘‘an employer-
sponsored health benefits plan’’ and inserting ‘‘, except for
a member who is enrolled or is eligible to enroll in a health
benefits plan under chapter 89 of title 5, is eligible to enroll
in TRICARE, subject to subsection (h)’’.
(b) PERMANENT AUTHORITY.—Subsection (l) of such
section is repealed.
(c) CONFORMING
REPEAL
OF
OBSOLETE
PROVI-
SIONS.—Such section is further amended—
(1) by striking subsections (i) and (j); and
(2) by redesignating subsection (k) as subsection
(i).
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SEC. 707. CONTINUATION OF NON-TRICARE HEALTH BENE-
FITS PLAN COVERAGE FOR CERTAIN RE-
SERVES CALLED OR ORDERED TO ACTIVE
DUTY AND THEIR DEPENDENTS.
(a) REQUIRED CONTINUATION.—(1) Chapter 55 of
title 10, United States Code, is amended by inserting after
section 1078a the following new section:
‘‘§ 1078b. Continuation of non-TRICARE health bene-
fits plan coverage for dependents of cer-
tain Reserves called or ordered to active
duty
‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con-
cerned shall pay the applicable premium to continue in
force any qualified health benefits plan coverage for the
members of the family of an eligible reserve component
member for the benefits coverage continuation period if
timely elected by the member in accordance with regulations
prescribed under subsection (j).
‘‘(b) ELIGIBLE MEMBER; FAMILY MEMBERS.—(1) A
member of a reserve component is eligible for payment of
the applicable premium for continuation of qualified health
benefits plan coverage under subsection (a) while serving
on active duty pursuant to a call or order issued under
a provision of law referred to in section 101(a)(13)(B) of
this title during a war or national emergency declared by
the President or Congress.
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‘‘(2) For the purposes of this section, the members of
the family of an eligible reserve component member include
only the member’s dependents described in subparagraphs
(A), (D), and (I) of section 1072(2) of this title.
‘‘(c) QUALIFIED
HEALTH
BENEFITS
PLAN
COV-
ERAGE.—For the purposes of this section, health benefits
plan coverage for the members of the family of a reserve
component member called or ordered to active duty is quali-
fied health benefits plan coverage if—
‘‘(1) the coverage was in force on the date on
which the Secretary notified the reserve component
member that issuance of the call or order was pending
or, if no such notification was provided, the date of
the call or order;
‘‘(2) on such date, the coverage applied to the re-
serve component member and members of the family
of the reserve component member; and
‘‘(3) the coverage has not lapsed.
‘‘(d) APPLICABLE PREMIUM.—The applicable pre-
mium payable under this section for continuation of health
benefits plan coverage for the family members of a reserve
component member is the amount of the premium payable
by the member for the coverage of the family members.
‘‘(e) MAXIMUM AMOUNT.—The total amount that the
Department of Defense may pay for the applicable premium
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‘‘(g) EXTENSION OF PERIOD OF COBRA COVERAGE.—
Notwithstanding any other provision of law—
‘‘(1) any period of coverage under a COBRA
continuation 
provision 
(as 
defined 
in 
section
9832(d)(1) of the Internal Revenue Code of 1986) for
an eligible reserve component member under this sec-
tion shall be deemed to be equal to the benefits cov-
erage continuation period for such member under this
section; and
‘‘(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as
so defined), rules similar to the rules under section
4980B(f)(5)(C) of such Code shall apply.
‘‘(h) NONDUPLICATION OF BENEFITS.—A member of
the family of a reserve component member who is eligible
for benefits under qualified health benefits plan coverage
paid on behalf of the reserve component member by the Sec-
retary concerned under this section is not eligible for bene-
fits under the TRICARE program during a period of the
coverage for which so paid.
‘‘(i) REVOCABILITY OF ELECTION.—A reserve compo-
nent member who makes an election under subsection (a)
may revoke the election. Upon such a revocation, the mem-
ber’s family members shall become eligible for benefits under
the TRICARE program as provided for under this chapter.
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‘‘(j) REGULATIONS.—The Secretary of Defense shall
prescribe regulations for carrying out this section. The regu-
lations shall include such requirements for making an elec-
tion of payment of applicable premiums as the Secretary
considers appropriate.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1078a the following new item:
‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for depend-
ents of certain Reserves called or ordered to active duty.’’.
(b) APPLICABILITY.—Section 1078b of title 10, United
States Code (as added by subsection (a)), shall apply with
respect to calls or orders of members of reserve components
of the Armed Forces to active duty as described in sub-
section (b) of such section, that are issued by the Secretary
of a military department before, on, or after the date of
the enactment of this Act, but only with respect to qualified
health benefits plan coverage (as described in subsection (c)
of such section) that is in effect on or after the date of the
enactment of this Act.
Subtitle B—Other Matters
SEC. 711. REPEAL OF REQUIREMENT FOR PAYMENT OF SUB-
SISTENCE CHARGES WHILE HOSPITALIZED.
(a) REPEAL.—Section 1075 of title 10, United States
Code, is repealed.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 55 of such title is amended by
striking the item relating to section 1075.
SEC. 712. OPPORTUNITY FOR YOUNG CHILD DEPENDENT OF
DECEASED MEMBER TO BECOME ELIGIBLE
FOR ENROLLMENT IN A TRICARE DENTAL
PLAN.
Section 1076a(k)(2) of title 10, United States Code, is
amended—
(1) by striking ‘‘under subsection (a) or’’ and in-
serting ‘‘under subsection (a),’’; and
(2) by inserting after ‘‘under subsection (f),’’ the
following: ‘‘or is not enrolled because the dependent is
a child under the minimum age for enrollment,’’.
SEC. 713. PEDIATRIC DENTAL PRACTICE NECESSARY FOR
PROFESSIONAL ACCREDITATION.
Section 1077(c) of title 10, United States Code, is
amended—
(1) by striking ‘‘A dependent’’ and inserting ‘‘(1)
Except as specified in paragraph (2), a dependent’’;
and
(2) by adding at the end the following new para-
graph:
‘‘(2)(A) Dependents 12 years of age or younger who
are covered by a dental plan under section 1076a of this
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title may be treated by postgraduate dental students in a
dental treatment facility of the uniformed services accred-
ited by the American Dental Association under a graduate
dental education program accredited by the American Den-
tal Association if—
‘‘(i) treatment of pediatric dental patients is
necessary in order to satisfy an accreditation stand-
ard of the American Dental Association that is appli-
cable to such facility or program, or training in pedi-
atric dental care is necessary for the students to be
professionally qualified to provide dental care for de-
pendent children accompanying members of the uni-
formed services outside the United States; and
‘‘(ii) the caseload of pediatric patients at such
facility is insufficient to support satisfaction of the
accreditation or professional requirements in pedi-
atric dental care that apply to such facility, program,
or students.
‘‘(B) The total number of dependents treated in all fa-
cilities of the uniformed services under subparagraph (A)
in a fiscal year may not exceed 2,000.’’.
SEC. 714. SERVICES OF MARRIAGE AND FAMILY THERA-
PISTS.
(a) AUTHORITY TO ENTER INTO PERSONAL SERVICES
CONTRACTS.—Section 704(c)(2) of the National Defense
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Authorization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amended by
inserting ‘‘marriage and family therapists certified as such
by a certification recognized by the Secretary of Defense,’’
after ‘‘psychologists,’’.
(b) APPLICABILITY OF LICENSURE REQUIREMENT FOR
HEALTH-CARE
PROFESSIONALS.—Section 1094(e)(2) of
title 10, United States Code, is amended by inserting ‘‘mar-
riage and family therapist certified as such by a certifi-
cation recognized by the Secretary of Defense,’’ after ‘‘psy-
chologist,’’.
SEC. 715. CHIROPRACTIC HEALTH CARE BENEFITS ADVI-
SORY COMMITTEE.
(a) ESTABLISHMENT.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of De-
fense shall establish an oversight advisory committee to pro-
vide the Secretary with advice and recommendations re-
garding the continued development and implementation of
an effective program of chiropractic health care benefits for
members of the uniformed services on active duty.
(b) MEMBERSHIP.—The advisory committee shall be
composed of members selected from among persons who, by
reason of education, training, and experience, are experts
in chiropractic health care, as follows:
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(1) Members appointed by the Secretary of De-
fense in such number as the Secretary determines ap-
propriate for carrying out the duties of the advisory
committee effectively.
(2) A representative of each of the Armed Forces,
as designated by the Secretary of the military depart-
ment concerned.
(c) CHAIRMAN.—The Secretary of Defense shall des-
ignate one member of the advisory committee to serve as
the Chairman of the advisory committee.
(d) MEETINGS.—The advisory committee shall meet at
the call of the Chairman, but not fewer than three times
each fiscal year, beginning in fiscal year 2005.
(e) DUTIES.—The advisory committee shall have the
following duties:
(1) Review and evaluate the program of chiro-
practic health care benefits provided to members of
the uniformed services on active duty under chapter
55 of title 10, United States Code.
(2) Provide the Secretary of Defense with advice
and recommendations as described in subsection (a).
(3) Upon the Secretary’s determination that the
program of chiropractic health care benefits referred
to in paragraph (1) has been fully implemented, pre-
pare and submit to the Secretary a report containing