122
SEC. 523. STATUS UNDER DISABILITY RETIREMENT SYSTEM
FOR RESERVE MEMBERS RELEASED FROM
ACTIVE DUTY DUE TO INABILITY TO PER-
FORM WITHIN 30 DAYS OF CALL TO ACTIVE
DUTY.
(a) IN GENERAL.—Chapter 61 of title 10, United
States Code, is amended by inserting after section 1206
the following new section:
‘‘§ 1206a. Reserve component members unable to per-
form duties when ordered to active duty:
disability system processing
‘‘(a) MEMBERS RELEASED FROM ACTIVE DUTY
WITHIN 30 DAYS.—A member of a reserve component
who is ordered to active duty for a period of more than
30 days and is released from active duty within 30 days
of commencing such period of active duty for a reason
stated in subsection (b) shall be considered for all pur-
poses under this chapter to have been serving under an
order to active duty for a period of 30 days or less.
‘‘(b) APPLICABLE REASONS
FOR RELEASE.—Sub-
section (a) applies in the case of a member released from
active duty because of a failure to meet—
‘‘(1) physical standards for retention; or
‘‘(2) medical or dental standards for deploy-
ment due to a preexisting condition not aggravated
during the period of active duty.
123
‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PRO-
VIDED WHILE ON ACTIVE DUTY.—Notwithstanding sub-
section (a), any benefit under chapter 55 of this title re-
ceived by a member described in subsection (a) or a de-
pendent of such member before or during the period of
active duty shall not be subject to recoupment or otherwise
affected.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 1206 the following new
item:
‘‘1206a. Reserve component members unable to perform duties when ordered to
active duty: disability system processing.’’.
SEC. 524. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR
RESERVE AND NATIONAL GUARD CIVILIAN
TECHNICIANS.
Section 6323(d)(1) of title 5, United States Code is
amended by striking ‘‘(other than active duty during a war
or national emergency declared by the President or Con-
gress)’’.
SEC. 525. EXPANDED EDUCATIONAL ASSISTANCE AUTHOR-
ITY 
FOR 
OFFICERS 
COMMISSIONED
THROUGH ROTC PROGRAM AT MILITARY
JUNIOR COLLEGES.
(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE
ON ACTIVE DUTY.—Section 2107(c) of title 10, United
124
States Code, is amended by adding at the end the fol-
lowing new paragraphs:
‘‘(5)(A) The Secretary of the Army may provide an
individual who received a commission as a Reserve officer
in the Army from a military junior college through a pro-
gram under this chapter and who does not have a
baccalaureate degree with financial assistance for pursuit
of a baccalaureate degree.
‘‘(B) Such assistance is in addition to any financial
assistance provided under paragraph (1), (3), or (4).
‘‘(C) The agreement and reimbursement require-
ments established in section 2005 of this title are applica-
ble to financial assistance under this paragraph.
‘‘(D) An officer receiving financial assistance under
this paragraph shall be attached to the unit of the Army
at the educational institution at which the officer is pur-
suing a baccalaureate degree and shall be considered to
be a member of the Senior Reserve Officers’ Training
Corps on inactive duty for training, as defined in section
101(23) of title 38.
‘‘(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to receive
educational assistance under this paragraph.
125
‘‘(F) A Reserve officer may not be called or ordered
to active duty for a deployment while participating in the
program under this paragraph.
‘‘(G) Any service obligation incurred by an officer
under an agreement entered into under this paragraph
shall be in addition to any service obligation incurred by
that officer under any other provision of law or agreement.
‘‘(H) The amount obligated during any fiscal year
under this paragraph and paragraph (4) of section
2107a(c) of this title may not exceed a total of
$1,500,000.’’.
(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE
IN TROOP PROGRAM UNITS.—Section 2107a(c) of such
title is amended by adding at the end the following new
paragraphs:
‘‘(4)(A) The Secretary of the Army may provide an
individual who received a commission as a Reserve officer
in the Army from a military junior college through a pro-
gram under this chapter and who does not have a
baccalaureate degree with financial assistance for pursuit
of a baccalaureate degree.
‘‘(B) Such assistance is in addition to any provided
under paragraph (1) or (2).
126
‘‘(C) The agreement and reimbursement require-
ments established in section 2005 of this title are applica-
ble to financial assistance under this paragraph.
‘‘(D) An officer receiving financial assistance under
this paragraph shall be attached to the unit of the Army
at the educational institution at which the officer is pur-
suing a baccalaureate degree and shall be considered to
be a member of the Senior Reserve Officers’ Training
Corps on inactive duty for training, as defined in section
101(23) of title 38.
‘‘(E) A qualified officer who did not previously receive
financial assistance under this section is eligible to receive
educational assistance under this paragraph.
‘‘(F) A Reserve officer may not be called or ordered
to active duty for a deployment while participating in the
program under this paragraph.
‘‘(G) Any service obligation incurred by an officer
under an agreement entered into under this paragraph
shall be in addition to any service obligation incurred by
that officer under any other provision of law or agree-
ment.’’.
‘‘(H) As provided in subparagraph (H) of section
2107(c)(5) of this title, the amount obligated during any
fiscal year under this paragraph and paragraph (5) of sec-
127
tion 2107(c) of this title may not exceed a total of
$1,500,000.’’.
(c) REPEAL OF SUNSET PROVISION FOR FINANCIAL
ASSISTANCE PROGRAM FOR STUDENTS NOT ELIGIBLE
FOR ADVANCED TRAINING.—Section 2103a of such title
is amended by striking subsection (d).
(d) ANNUAL IMPLEMENTATION REPORT.—The Sec-
retary of the Army shall submit to the Committees on
Armed Services of the Senate and House of Representa-
tives an annual report, for each of the next six years after
the enactment of this Act, providing information on the
experience of the Department of Defense during the pre-
ceding year under paragraph (5) of section 2107(c) of title
10, United States Code, as added by subsection (a), and
under paragraph (4) of section 2107a(c) of title 10,
United States Code, as added by subsection (b). The re-
port for with respect to any year shall be submitted not
later March 31 of the following year.
SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS
OFFICER ON ELIGIBILITY FOR SELECTED RE-
SERVE EDUCATION LOAN REPAYMENT PRO-
GRAM FOR ENLISTED MEMBERS.
(a) CONTINUATION OF LOAN REPAYMENT.—Section
16301(a) of title 10, United States Code, is amended—
129
SEC. 527. NUMBER OF STARBASE ACADEMIES IN A STATE.
Paragraph (3) of section 2193b(c) of title 10, United
States Code, is amended to read as follows:
‘‘(3)(A) Subject to subparagraph (B), the Secretary
may not support the establishment in any State of more
than two academies.
‘‘(B) The Secretary may waive the limitation in sub-
paragraph (A). Any such waiver shall be made under cri-
teria to be prescribed by the Secretary.’’.
SEC. 528. COMPTROLLER GENERAL ASSESSMENT OF INTE-
GRATION OF ACTIVE AND RESERVE COMPO-
NENTS OF THE NAVY.
(a) ASSESSMENT.—The Comptroller General shall re-
view the plan of the Secretary of the Navy for, and imple-
mentation by the Secretary of, initiatives undertaken with-
in the Navy to improve the integration of the active and
reserve components of the Navy in peacetime and wartime
operations resulting from—
(1) the Naval Reserve Redesign Study carried
out by the Navy: and
(2) the zero-based review of reserve component
force structure undertaken by the commander of the
Fleet Forces Command of the Navy during fiscal
year 2004.
(b) REPORT.—No later than March 31, 2005, the
Comptroller General shall submit to the Committees on
130
Armed Services of the Senate and House of Representa-
tives a report on the results of the review under subsection
(a). The Comptroller General shall include in the report
recommendations for improved active and reserve compo-
nent integration in the Navy.
(c) LIMITATION.—No funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to decommission a Naval Reserve or Marine Corps
Reserve aviation squadron until 90 days after the date on
which the report required by subsection (b) is submitted
to the Committees on Armed Services of the Senate and
House of Representatives.
(d) MATTERS TO BE EXAMINED.—In conducting the
review, the Comptroller General shall examine the fol-
lowing:
(1) The criteria the Navy used to determine the
following with respect to integration of the active
and reserve components of the Navy:
(A) The future mix of active and reserve
component force structure.
(B) Organization of command and control
elements.
(C) Manpower levels.
(D) Basing changes.
131
(2) The extent to which the plans of the Navy
for improving the integration of the active and re-
serve components of the Navy considered each of the
following:
(A) The new Fleet Response Plan of the
Navy.
(B) The flexible deployment concept.
(C) Global operations.
(D) Emerging mission requirements.
(E) Other evolving initiatives.
(3) The manner in which the timing of the exe-
cution of planned active and reserve integration ini-
tiatives will correlate with the funding of those ini-
tiatives, including consideration of an evaluation of
the adequacy of the funding allocated to those inte-
gration initiatives.
(4) For naval aviation forces, the extent to
which the active and reserve component integration
plans of the Navy will affect factors such as—
(A) common training and readiness stand-
ards for active and reserve forces;
(B) reserve component access to the same
equipment as the active component;
132
(C) relationships between command and
headquarters elements of active and reserve
forces; and
(D) trends in the use by the Navy of units
referred to as ‘‘associate’’ units or ‘‘blended’’
units.
(E) Basing of future aviation forces.
(F) Employment of Naval Reserve aviation
forces and personnel in peacetime and wartime
operations.
SEC. 529. OPERATIONAL ACTIVITIES CONDUCTED BY THE
NATIONAL GUARD UNDER AUTHORITY OF
TITLE 32.
(a) IN GENERAL.—Title 32, United States Code, is
amended by adding at the end the following new chapter:
‘‘CHAPTER 9—OPERATIONS OF A
NATIONAL OR FEDERAL INTEREST
‘‘Sec.
‘‘901. Operational activities.
‘‘902. Operational duty.
‘‘903. Funding assistance.
‘‘904. Operations requests.
‘‘§ 901. Operational activities
‘‘The Secretary of Defense may provide funds in ad-
vance or on a reimbursable basis to a Governor to employ
National Guard units and individuals to conduct oper-
ational activities that the Secretary determines to be in
133
the national interest. The Secretary of Defense shall pre-
scribe regulations to implement this chapter.
‘‘§ 902. Operational duty
‘‘All duty performed under this chapter shall be con-
sidered to be full-time National Guard duty under section
502(f) of this title. Members of the National Guard per-
forming full-time National Guard duty in the Active
Guard and Reserve Program may support or execute oper-
ational activities performed by the National Guard under
this chapter.
‘‘§ 903. Funding assistance
‘‘When the Secretary of Defense determines that cer-
tain operational activities of the National Guard are in
the national interest under section 901 of this title, the
Secretary shall provide funds to a State in an amount that
the Secretary determines is appropriate for the following
costs of the operational activities from funds available to
the Department for related purposes:
‘‘(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses of personnel
of the National Guard of that State.
‘‘(2) The operation and maintenance of the
equipment and facilities of the National Guard of
that State.
134
‘‘(3) The procurement of services and equip-
ment, and the leasing of equipment, for the National
Guard of that State.
‘‘§ 904. Operations requests
‘‘(a) REQUESTS.—A Governor of a State may request
funding assistance for the operational activities of the Na-
tional Guard of that State from the Secretary of Defense.
Any such request shall include the following:
‘‘(1) The specific intended operational activities
of the National Guard of that State.
‘‘(2) An explanation of why the operational ac-
tivities are in the national interest.
‘‘(3) A certification that operational activities
are to be conducted at a time when the personnel in-
volved are not in Federal service.
‘‘(4) A certification that participation by Na-
tional Guard personnel in the operational activities
is service in addition to training required under sec-
tion 502 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of such title is amended by adding at
the end the following new item:
‘‘9. Operations of a National or Federal Interest ..................
901’’.
(c) CONFORMING AMENDMENT.—Section 115(h) of
title 10, United States Code, is amended by adding at the
end the following new subsection:
135
‘‘(i) CERTAIN FULL-TIME NATIONAL GUARD DUTY
PERSONNEL EXCLUDED FROM COUNTING
FOR FULL-
TIME NATIONAL GUARD DUTY END STRENGTHS.—In
counting full-time National Guard duty personnel for the
purpose of end-strengths authorized pursuant to sub-
section (a)(1), persons involuntarily performing oper-
ational activities under chapter 9 of title 32 shall be ex-
cluded.’’.
SEC. 530. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE
COMPONENT ADVISERS TO UNITS OF THE SE-
LECTED RESERVE.
(a) CHANGE IN MINIMUM NUMBER REQUIRED TO BE
ASSIGNED.—Section 414(c)(1) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–
107; 10 U.S.C. 12001 note) is amended by striking
‘‘5,000’’ and inserting ‘‘3,500’’.
(b) LIMITATION ON REDUCTIONS.—Notwithstanding
the amendment made by subsection (a), the Secretary of
the Army may not reduce the number of active component
Reserve support personnel below the number of such per-
sonnel as of the date of the enactment of this Act until
the report required by subsection (c) has been submitted.
(c) REPORT.—Not later than March 31, 2005, the
Secretary of the Army shall submit to the Committees on
Armed Services of the Senate and House of Representa-
136
tives a report on the support by active components of the
Army for training and readiness of the Army National
Guard and Army Reserve. The report shall include an
evaluation and determination of each of the following:
(1) The effect on the ability of the Army to im-
prove such training and readiness resulting from the
reduction under the amendment made by subsection
(a) in the minimum number of active component Re-
serve support personnel.
(2) The adequacy of having 3,500 members of
the Army (the minimum number required under the
law as so amended) assigned as active component
Reserve support personnel in order to meet emerging
training requirements in the Army reserve compo-
nents in connection with unit and force structure
conversions and preparations for wartime deploy-
ment
(3) The nature and effectiveness of efforts by
the Army to reallocate the 3,500 personnel assigned
as active component Reserve support personnel to
higher priority requirements and to expand the use
of reservists on active duty to meet reserve compo-
nent training needs.
(4) Whether the Army is planning further re-
ductions in the number of active component Reserve
137
support personnel and, if so, the scope and rationale
for those reductions.
(5) Whether an increase in Army reserve com-
ponent full-time support personnel will be required
to replace the loss of active component Reserve sup-
port personnel.
(d) DEFINITION.—In this section, the term ‘‘active
component Reserve support personnel’’ means the active
component Army personnel assigned as advisers to units
of the Selected Reserve of the Ready Reserve of the Army
pursuant to section 414 of the National Defense Author-
ization Act for Fiscal Year 2002 (Public Law 107–107;
10 U.S.C. 12001 note).
Subtitle D—Joint Officer
Management
SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DE-
VELOPMENT TO OVERALL MISSIONS AND
GOALS OF DEPARTMENT OF DEFENSE.
(a) PLAN REQUIRED.—(1) The Secretary of Defense
shall develop a strategic plan for joint officer management
and joint professional military education that links joint
officer development to the accomplishment of the overall
missions and goals of the Department of Defense, as set
forth in the most recent national military strategy under
section 153(d) of title 10, United States Code. Such plan
138
shall be developed for the purpose of ensuring that suffi-
cient numbers of qualified officers are available as nec-
essary to meet the needs of the Department for qualified
officers who are operationally effective in the joint environ-
ment.
(2) The Secretary shall develop the strategic plan
with the advice of the Chairman of the Joint Chiefs of
Staff.
(b) MATTERS TO BE INCLUDED.—As part of the stra-
tegic plan under subsection (a), the Secretary shall include
the following:
(1) A statement of the levels of joint officer re-
sources needed to be available to properly support
the overall missions of the Department of Defense,
with such resources to be specified by the number of
officers with the joint specialty, the number of offi-
cers required for service in joint duty assignment po-
sitions, and the training and education resources re-
quired.
(2) An assessment of the available and pro-
jected joint officer development resources (including
officers, educational and training resources, and
availability of joint duty assignment positions and
tours of duty) necessary to achieve the levels speci-
fied under paragraph (1).
139
(3) Identification of any problems or issues
arising from linking resources for joint officer devel-
opment to accomplishment of the objective of meet-
ing the levels specified under paragraph (1) to re-
solve those problems and issues and plans.
(4) A description of the process for identifica-
tion of the requirement for joint specialty officers.
(5) A description of the career development and
management of joint specialty officers and of any
changes to be made to facilitate achievement of the
levels of resources specified in paragraph (1), includ-
ing additional education requirements, promotion op-
portunities, and assignments to fill joint assign-
ments.
(c) INCLUSION
OF RESERVE COMPONENT OFFI-
CERS.—In developing the strategic plan required by sub-
section (a), the Secretary shall include joint officer devel-
opment for officers on the reserve active-status list in the
plan.
(d) REPORT.—The Secretary shall submit the plan
developed under this section to the Committees on Armed
Services of the Senate and House of Representatives not
later than January 15, 2006.
(e) ADDITIONAL ASSESSMENT.—Not later than Jan-
uary 15, 2007, the Secretary of Defense shall submit to
140
the Committees on Armed Services of the Senate and
House of Representatives, as a follow-on to the report
under subsection (d), a report providing an assessment of,
and initiatives to improve, the performance in joint mat-
ters of the following:
(1) Senior civilian officers and employees in the
Office of the Secretary of Defense, the Defense
Agencies, and the military departments.
(2) Senior noncommissioned officers.
(3) Senior leadership in the reserve compo-
nents.
SEC. 532. JOINT REQUIREMENTS FOR PROMOTION TO FLAG
OR GENERAL OFFICER GRADE.
(a) EFFECTIVE DATE FOR JOINT SPECIALTY OFFI-
CER REQUIREMENT.—Subsection (a)(2) of section 619a of
title 10, United States Code, is amended by striking ‘‘Sep-
tember 30, 2007’’ and inserting ‘‘September 30, 2008’’.
(b) EXCEPTION TO JOINT DUTY REQUIREMENT FOR
OFFICERS SERVING IN JOINT DUTY ASSIGNMENT WHEN
CONSIDERED
FOR PROMOTION.—Subsection (b)(4) of
such section is amended by striking ‘‘if—’’ and all that
follows through ‘‘(B) the officer’s’’ and inserting ‘‘if the
officer’s’’.
141
SEC. 533. CLARIFICATION OF TOURS OF DUTY QUALIFYING
AS A JOINT DUTY ASSIGNMENT.
(a) CONSECUTIVE TOURS OF DUTY IN JOINT DUTY
ASSIGNMENTS.—Section 668(c) of title 10, United States
Code, is amended by striking ‘‘within the same organiza-
tion’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall not apply in the case of a joint duty
assignment completed by an officer before the date of the
enactment of this Act, except in the case of an officer has
continued in joint duty assignments, without a break in
service in such assignments, between the end of such as-
signment and the date of the enactment of this Act.
SEC. 534. AUTHORITY FOR RESERVE OFFICERS TO QUALIFY
AS JOINT SPECIAL OFFICERS.
(a) AUTHORITY.—Subsection (a) of section 661 of
title 10, United States Code, is amended by striking ‘‘on
the active-duty list’’.
(b) NOMINATIONS FOR SELECTION.—Subsection (b)
of such section is amended in the second sentence—
(1) by striking ‘‘and’’ after ‘‘military depart-
ment,’’; and
(2) by inserting after ‘‘such date,’’ the fol-
lowing: ‘‘, and each reserve component officer in an
active status who is not on the active-duty list,’’.
143
number of reserve component officers who were so
certified during the reporting period.’’.
(2) The Secretary of Defense shall include in the an-
nual report of the Secretary to Congress for fiscal year
2005, as part of the material included in that report pur-
suant to paragraph (18) of section 667 of title 10, United
States Code, a summary of the joint officer management
policies adopted for reserve component officers pursuant
to the amendments made by subsections (a) and (b).
Subtitle E—Professional Military
Education
SEC. 541. IMPROVEMENT TO PROFESSIONAL MILITARY
EDUCATION IN THE DEPARTMENT OF DE-
FENSE.
(a) IN GENERAL.—Part III of subtitle A of title 10,
United States Code, is amended—
(1) by redesignating chapter 107 as chapter
106A; and
(2) by inserting before chapter 108 the fol-
lowing new chapter:
‘‘CHAPTER 107—PROFESSIONAL MILITARY
EDUCATION
‘‘Sec.
‘‘2151. Definitions
‘‘2152. Professional military education: general requirements.
‘‘2153. Capstone course: newly selected general and flag officers.
‘‘2154. Joint professional military education: three-phase approach.
‘‘2155. Intermediate level service colleges: written examination for selection for
attendance.
144
‘‘2156. Joint professional military education phase II program of instruction.
‘‘2157. Intermediate and senior level service colleges; Joint Forces Staff College:
duration of principle course of instruction.
‘‘2158. Annual report to Congress.
‘‘§ 2151. Definitions
(a) JOINT PROFESSIONAL MILITARY EDUCATION.—
Joint professional military education consists of the rig-
orous and thorough instruction and examination of offi-
cers of the armed forces in an environment designed to
promote a theoretical and practical in-depth under-
standing of joint matters and, specifically, of the subject
matter covered. The subject matter to be covered by joint
professional military education shall include at least the
following:
‘‘(1) Integrated employment of land, sea,
and air forces.
‘‘(2) National military strategy.
‘‘(3) Strategic planning.
‘‘(4) Contingency planning.
‘‘(5) Command and control of combat op-
erations under unified command.
‘‘(6) Joint and combined operations.
‘‘(7) Joint doctrine.
‘‘(8) Joint logistics.
‘‘(9) Joint communications.
‘‘(10) Joint intelligence.
‘‘(11) Campaign planning.
145
‘‘(12) Joint military command and control
systems and the interface of those systems with
national command systems.
‘‘(13) Joint force development, including
mobilization.
‘‘(14) Joint requirements development.
‘‘(15) Military history.
‘‘(16) Awareness of cultures in areas out-
side of the United States where United States
forces may operate or of forces of foreign coun-
tries with whom United States forces may oper-
ate.
‘‘(b) OTHER DEFINITIONS.—In this chapter:
‘‘(1) The term ‘senior level service school’
means any of the following:
‘‘(A) The Army War College.
‘‘(B) The College of Naval Warfare.
‘‘(C) The Air War College.
‘‘(D) The Marine Corps University.
‘‘(2) The term ‘intermediate level service school’
means any of the following:
‘‘(A) The United States Army Command
and General Staff College.
‘‘(B) The College of Naval Command and
Staff.
146
‘‘(C) The Air Command and Staff College.
‘‘(D) The Marine Corps Command and
Staff College.
‘‘§ 2152. Joint professional military education: gen-
eral requirements
‘‘(a) IN GENERAL.—The Secretary of Defense shall
implement a coherent and comprehensive framework for
the joint professional military education of officers, includ-
ing officers nominated under section 661 of this title for
the joint specialty.
‘‘§ 2153. Capstone course: newly selected general and
flag officers
‘‘(a) REQUIREMENT.—Each officer selected for pro-
motion to the grade of brigadier general or, in the case
of the Navy, rear admiral (lower half) shall be required,
after such selection, to attend a military education course
designed specifically to prepare new general and flag offi-
cers to work with the other armed forces.
‘‘(b) WAIVER AUTHORITY.—(1) Subject to paragraph
(2), the Secretary of Defense may waive subsection (a)—
‘‘(A) in the case of an officer whose imme-
diately previous assignment was in a joint duty as-
signment and who is thoroughly familiar with joint
matters;
‘‘(B) when necessary for the good of the service;
147
‘‘(C) in the case of an officer whose proposed
selection for promotion is based primarily upon sci-
entific and technical qualifications for which joint re-
quirements do not exist (as determined under regu-
lations prescribed under section 619(e)(4) of this
title); and
‘‘(D) in the case of a medical officer, dental of-
ficer, veterinary officer, medical service officer,
nurse, biomedical science officer, or chaplain.
‘‘(2) The authority of the Secretary of Defense to
grant a waiver under paragraph (1) may only be delegated
to the Deputy Secretary of Defense, an Under Secretary
of Defense, or an Assistant Secretary of Defense. Such
a waiver may be granted only on a case-by-case basis in
the case of an individual officer.
‘‘§ 2154. Joint professional military education: three-
phase approach
‘‘(a) THREE-PHASE APPROACH.—The Secretary of
Defense shall implement a three-phase approach to joint
professional military education, as follows:
‘‘(1) There shall be a course of instruction, des-
ignated and certified by the Secretary of Defense as
Phase I instruction, consisting all the elements of a
joint professional military education (as specified in
section 2151(a) of this title), in addition to the prin-
148
cipal curriculum taught to all officers at an inter-
mediate level service school.
‘‘(2) There shall be a course of instruction, des-
ignated and certified by the Secretary of Defense as
Phase II instruction, consisting of a joint profes-
sional military education curriculum taught in resi-
dence at—
‘‘(A) the Joint Forces Staff College; or
‘‘(B) a senior level service school that has
been designated and certified by the Secretary
of Defense as a joint professional military edu-
cation institution.
‘‘(3) There shall be a course of instruction, des-
ignated and certified by the Secretary of Defense as
the Capstone course, for officers selected for pro-
motion to the grade of brigadier general or, in the
case of the Navy, rear admiral (lower half) and of-
fered in accordance with section 2153 of this title.
‘‘(b) SEQUENCED APPROACH.—The Secretary shall
require the sequencing of joint professional military edu-
cation so that the standard sequence of assignments for
such education requires an officer to complete Phase I in-
struction before proceeding to Phase II instruction, as
provided in section 2156(a) of this title.
149
‘‘§ 2155. Intermediate level service school: written ex-
amination for selection for attendance
‘‘(a) REQUIREMENT.—The Secretary of each military
department shall require that performance on a com-
prehensive written examination shall constitute not less
than 20 percent of the evaluation criteria for selection of
any officer for full-time attendance at an intermediate
level service school under the jurisdiction of the Secretary.
Such an examination shall be designed so as to require
substantive knowledge of military history, national mili-
tary strategy, service and joint doctrine, and such other
subjects as the Secretary may require. Such an examina-
tion shall be required for each class entering an inter-
mediate level service school after September 30, 2007.
‘‘(b) SELECTION FROM DIFFERENT SERVICE.—The
Secretary of a military department, in considering can-
didates for full-time attendance at an intermediate level
service school under the jurisdiction of the Secretary who
are officers of an armed force other than the armed force
that administers that service school, shall consider such
an officer to be qualified for selection for such attendance
if the officer has met all the requirements for attendance
at the equivalent intermediate level service school of that
officer’s own armed force.
150
‘‘§ 2156. Joint professional military education phase
II program of instruction
‘‘(a) PREREQUISITE OF COMPLETION OF JOINT PRO-
FESSIONAL MILITARY EDUCATION I PROGRAM OF IN-
STRUCTION.—(1) After September 30, 2009, an officer of
the armed forces may not be accepted for, or assigned to,
a program of instruction designated by the Secretary of
Defense as joint professional military education Phase II
unless the officer has successfully completed a program
of instruction designated by the Secretary of Defense as
joint professional military education Phase I.
‘‘(2) The Chairman of the Joint Chiefs of Staff may
grant exceptions to the requirement under paragraph (1).
Such an exception may be granted only on a case-by-case
basis for compelling cause, as determined by the Chair-
man. An officer selected to receive such an exception shall
be required to demonstrate a knowledge of joint matters
and other aspects of the Phase I curriculum that, to the
satisfaction of the Chairman, qualifies the officer to meet
the minimum requirements established for entry into
Phase II instruction without first completing Phase I in-
struction. The number of officers selected to attend an of-
fering of the principal course of instruction at the Joint
Forces Staff College or a senior level service school des-
ignated by the Secretary of Defense as a joint professional
military education institution who have not completed
151
Phase I instruction should comprise no more than 10 per-
cent of the total number of officers selected.
‘‘(b) PHASE II REQUIREMENTS.—The Secretary shall
require that the curriculum for Phase II joint professional
military education at any school—
‘‘(1) focus on developing joint attitudes and
perspectives and honing joint warfighting skills; and
‘‘(2) be structured —
‘‘(A) so as to adequately prepare students
to perform effectively in an assignment to a
joint, multiservice organization; and
‘‘(B) so that students progress from a
basic knowledge of joint matters learned in
Phase I instruction to the level of expertise nec-
essary for successful performance in the joint
arena.
‘‘(c) CURRICULUM CONTENT.—In addition to the
subjects specified in section 2151(a) of this title, the cur-
riculum for Phase II joint professional military education
shall include the following:
‘‘(1) National security strategy.
‘‘(2) Theater strategy and campaigning.
‘‘(3) Joint planning processes and systems.
‘‘(4) Joint, interagency, and multinational capa-
bilities and the integration of those capabilities.
152
‘‘(d) STUDENT RATIO; FACULTY RATIO.—(1) For
courses of instruction in a Phase II program of instruction
that is offered at senior level service school that has been
designated by the Secretary of Defense as a joint profes-
sional military education institution—
‘‘(1) the percentage of students enrolled in any
such course who are officers of the armed force that
administers the school may not exceed 60 percent,
with the remaining services proportionally rep-
resented; and
‘‘(2) of the faculty at the school who are active-
duty officers who provide instruction in such
courses, the percentage who are officers of the
armed force that administers the school may not ex-
ceed 60 percent, with the remaining services propor-
tionally represented.
‘‘§ 2157. 
Intermediate 
and 
senior 
level 
service
schools; Joint Forces Staff College: dura-
tion of principle course of instruction
‘‘(a) SERVICE SCHOOLS.—The duration of the prin-
cipal course of instruction offered at each intermediate
level service school and each senior level service school may
not be less than 10 months of resident instruction. The
Secretary of Defense may waive the requirement in the
preceding sentence during a period of war or during a na-
153
tional emergency declared by the President or the Con-
gress.
‘‘(b) JOINT FORCES STAFF COLLEGE.—(1) The du-
ration of the principal course of instruction offered at the
Joint Forces Staff College may not be less than 10 weeks
of resident instruction.
‘‘(2) In this subsection, the term ‘principal course of
instruction’ means any course of instruction offered at the
Joint Forces Staff College as Phase II joint professional
military education.
‘‘§ 2158. Annual report to Congress
‘‘The Secretary of Defense shall include in the annual
report of the Secretary to Congress under section 113(c)
of this title, for the period covered by the report, the fol-
lowing information (which shall be shown for the Depart-
ment of Defense as a whole and separately for the Army,
Navy, Air Force, and Marine Corps and each reserve com-
ponent):
‘‘(1) The number of officers who successfully
completed a joint professional military education
phase II course and were not selected for promotion.
‘‘(2) The number of officer students and faculty
members assigned by each service to the professional
military schools of the other services and to the joint
schools.’’.
154
(b) TRANSFER OF OTHER PROVISIONS.—Subsections
(b) and (c) of section 663 of title 10, United States Code,
are transferred to section 2151 of such title, as added by
subsection (a), and added at the end thereof.
(c) CONFORMING AMENDMENTS.—(1) Section 663 of
such title, as amended by subsection (b), is further
amended—
(A) by striking subsections (a) and (e); and
(B) by striking ‘‘(d) POST-EDUCATION JOINT
DUTY ASSIGNMENTS.—(1) The’’ and inserting ‘‘(a)
JOINT SPECIALTY OFFICERS.—The’’;
(C) by striking ‘‘(2)(A) The Secretary’’ and in-
serting ‘‘(b) OTHER
OFFICERS.—(1) The Sec-
retary’’;
(D) by striking ‘‘in subparagraph (B)’ and in-
serting ‘‘in paragraph (2)’’;
(E) by striking ‘‘(B) The Secretary’’ and insert-
ing ‘‘(2) The Secretary’’; and
(F) by striking ‘‘in subparagraph (B)’ and in-
serting ‘‘in paragraph (1)’’.
(2)(A) The heading of such section is amended to
read as follows:
155
‘‘§ 633. Joint duty assignments after completion of
joint professional military education’’.
(B) The item relating to that section in the table of
sections at the beginning of chapter 38 of such title is
amended to read as follows:
‘‘633. Joint duty assignments after completion of joint professional military
education.’’.
(d) CONFORMING REPEAL.—Section 1123(b) of the
National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101–189; 103 Stat. 1556) is re-
pealed.
(e) CLERICAL AMENDMENT.—The tables of chapters
at the beginning of subtitle A, and at the beginning of
part III of subtitle A, of title 10, United States Code, are
amended by striking the item relating to chapter 107 and
inserting the following:
‘‘106A. Educational Assistance for Persons Enlisting for
Active Duty .............................................................. 2141
‘‘107. Professional Military Education
.................................. 2151’’.
SEC. 542. RIBBONS TO RECOGNIZE COMPLETION OF JOINT
PROFESSIONAL MILITARY EDUCATION.
(a) IN GENERAL.—(1) Chapter 57 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
156
‘‘§ 1134. Joint professional military education ribbon:
award
‘‘(a) JPME I.—The Secretary of Defense may award
a ribbon, of appropriate design, as approved by the Sec-
retary, to any person who successfully completes a pro-
gram of instruction approved by the Secretary as quali-
fying for credit as the Joint Professional Military Edu-
cation Phase I program of instruction.
‘‘(b) JPME II.—The Secretary of Defense may
award a device, of appropriate design, as approved by the
Secretary, for wear with the ribbon awarded under sub-
section (a), to any person who successfully completes a
program of instruction approved by the Secretary as quali-
fying for credit as the Joint Professional Military Edu-
cation Phase II course of instruction.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘1134. Joint professional military education ribbon: award.’’.
(b) EFFECTIVE DATE.—Section 1134 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to the successful completion of a joint
professional military education program of instruction
after November 29, 1989.
157
SEC. 543. INCREASE IN NUMBER OF PRIVATE-SECTOR CI-
VILIANS WHO MAY BE ENROLLED FOR IN-
STRUCTION AT NATIONAL DEFENSE UNIVER-
SITY.
Section 2167(a) of title 10, United States Code, is
amended by striking ‘‘10’’ and inserting ‘‘20’’.
SEC. 544. REQUIREMENT FOR COMPLETION OF PHASE I
JOINT PROFESSIONAL MILITARY EDUCATION
BEFORE PROMOTION TO COLONEL OR NAVY
CAPTAIN.
(a) IN GENERAL.—Chapter 36 of title 10, United
States Code, is amended by inserting after section 619a
the following new section:
‘‘§ 619b. Eligibility for consideration for promotion:
joint professional military education re-
quired before promotion to colonel or
Navy captain; exceptions
‘‘(a) GENERAL RULE.—After September 30, 2007,
an officer on the active-duty list of the Army, Air Force,
or Marine Corps may not be appointed to the grade of
colonel, and an officer on the active-duty list of the Navy
may not be appointed to the grade of captain, unless the
officer has successfully completed a program of instruction
approved by the Secretary as qualifying for credit as the
Joint Professional Military Education Phase I or Phase
II program of instruction.
158
‘‘(b) EXCEPTIONS.—Subject to subsection (c), the
Secretary of Defense may waive subsection (a) in the fol-
lowing circumstances:
‘‘(1) When necessary for the good of the serv-
ice.
‘‘(2) In the case of an officer whose proposed
selection for promotion is based primarily upon sci-
entific and technical qualifications for which joint re-
quirements do not exist.
‘‘(3) In the case of—
‘‘(A) a medical officer, dental officer, vet-
erinary officer, medical service officer, nurse, or
biomedical science officer;
‘‘(B) a chaplain; or
‘‘(C) a judge advocate.
‘‘(c) WAIVER TO BE INDIVIDUAL.—A waiver may be
granted under subsection (b) only on a case-by-case basis
in the case of an individual officer.
‘‘(d) SPECIAL RULE
FOR GOOD-OF-THE-SERVICE
WAIVER.—In the case of a waiver under subsection (b)(1),
the Secretary shall provide that the first duty assignment
as a colonel or Navy captain of the officer for whom the
waiver is granted shall be to a program of joint profes-
sional military education.
159
‘‘(e) LIMITATION ON DELEGATION OF WAIVER AU-
THORITY.—The authority of the Secretary of Defense to
grant a waiver under subsection (b) (other than under
paragraph (1) of that subsection) may be delegated only
to the Deputy Secretary of Defense, an Under Secretary
of Defense, or an Assistant Secretary of Defense.
‘‘(f) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out this section. The regula-
tions shall specifically identify for purposes of subsection
(b)(2) those categories of officers for which selection for
promotion to colonel or, in the case of the Navy, captain
is based primarily upon scientific and technical qualifica-
tions for which joint requirements do not exist.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘619b. Eligibility for consideration for promotion: joint professional military
education required before promotion to colonel or Navy cap-
tain; exceptions.’’.
Subtitle F—Other Education and
Training Matters
SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PRO-
GRAM.
(a) CODIFICATION AND EXTENSION OF ARMY PRO-
GRAM.—(1) Chapter 31 of title 10, United States Code,
is amended by inserting after section 510 the following
new section:
160
‘‘§ 511. College First Program
‘‘(a) PROGRAM AUTHORITY.—The Secretary of each
military department may establish a program to increase
the number of, and the level of the qualifications of, per-
sons entering the armed forces as enlisted members by en-
couraging recruits to pursue higher education or voca-
tional or technical training before entry into active service.
‘‘(b) DELAYED
ENTRY
WITH
ALLOWANCE
FOR
HIGHER EDUCATION.—The Secretary concerned may—
‘‘(1) exercise the authority under section 513 of
this title—
‘‘(A) to accept the enlistment of a person
as a Reserve for service in the Selected Reserve
or Individual Ready Reserve of a reserve com-
ponent, notwithstanding the scope of the au-
thority under subsection (a) of that section, in
the case of the Army National Guard of the
United States or Air National Guard of the
United States; and
‘‘(B) to authorize, notwithstanding the pe-
riod limitation in subsection (b) of that section,
a delay of the enlistment of any such person in
a regular component under that subsection for
the period during which the person is enrolled
in, and pursuing a program of education at, an
institution of higher education, or a program of
161
vocational or technical training, on a full-time
basis that is to be completed within the max-
imum period of delay determined for that per-
son under subsection (c); and
‘‘(2) subject to paragraph (2) of subsection (d)
and except as provided in paragraph (3) of that sub-
section, pay an allowance to a person accepted for
enlistment under paragraph (1)(A) for each month
of the period during which that person is enrolled in
and pursuing a program described in paragraph
(1)(B).
‘‘(c) MAXIMUM PERIOD OF DELAY.—The period of
delay authorized a person under paragraph (1)(B) of sub-
section (b) may not exceed the 30-month period beginning
on the date of the person’s enlistment accepted under
paragraph (1)(A) of such subsection.
‘‘(d) ALLOWANCE.—(1) The monthly allowance paid
under subsection (b)(2) shall be equal to the amount of
the subsistence allowance provided for certain members of
the Senior Reserve Officers’ Training Corps with the cor-
responding number of years of participation under section
209(a) of title 37. The Secretary concerned may supple-
ment that stipend by an amount not to exceed $225 per
month.
162
‘‘(2) An allowance may not be paid to a person under
this section for more than 24 months.
‘‘(3) A member of the Selected Reserve of a reserve
component may be paid an allowance under this section
only for months during which the member performs satis-
factorily as a member of a unit of the reserve component
that trains as prescribed in section 10147(a)(1) of this
title or section 502(a) of title 32. Satisfactory performance
shall be determined under regulations prescribed by the
Secretary concerned.
‘‘(4) An allowance under this section is in addition
to any other pay or allowance to which a member of a
reserve component is entitled by reason of participation
in the Ready Reserve of that component.
‘‘(e) RECOUPMENT OF ALLOWANCE.—(1) A person
who, after receiving an allowance under this section, fails
to complete the total period of service required of that per-
son in connection with delayed entry authorized for the
person under section 513 shall repay the United States
the amount which bears the same ratio to the total amount
of that allowance paid to the person as the unserved part
of the total required period of service bears to the total
period.
163
‘‘(2) An obligation to repay the United States im-
posed under paragraph (1) is for all purposes a debt owed
to the United States.
‘‘(3) A discharge of a person in bankruptcy under
title 11 that is entered less than five years after the date
on which the person was, or was to be, enlisted in the
regular Army pursuant to the delayed entry authority
under section 513 does not discharge that person from a
debt arising under paragraph (1).
‘‘(4) The Secretary concerned may waive, in whole
or in part, a debt arising under paragraph (1) in any case
for which the Secretary determines that recovery would
be against equity and good conscience or would be con-
trary to the best interests of the United States.
‘‘(f) SPECIAL PAY AND BONUSES.—Upon enlisting in
the regular component of the member’s armed force, a
person who initially enlisted as a Reserve under this sec-
tion may, at the discretion of the Secretary concerned, be
eligible for all regular special pays, bonuses, education
benefits, and loan repayment programs.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 510 the following new item:
‘‘511. College First Program’’.
(b) REPEAL OF ARMY COLLEGE FIRST PROGRAM.—
Section 573 of the National Defense Authorization Act for
164
Fiscal Year 2000 (10 U.S.C. 513 note) is repealed. The
Secretary of the Army shall treat the program under sec-
tion 511 of title 10, United States Code, as added by sub-
section (a), as a continuation of the program under the
section repealed by the preceding sentence.
(c) EFFECTIVE DATE.—Section 511 of title 10,
United States Code, as added by subsection (a), and the
repeal made by subsection (b) shall take effect on October
1, 2004.
(d) LIMITATION
ON FISCAL YEAR 2005 OBLIGA-
TIONS.—During fiscal year 2005, obligations incurred
under section 511 of title 10, United States Code, as
added by subsection (a), to pay allowances to persons ac-
cepted for enlistment as a Reserve for service in the Se-
lected Reserve or Individual Ready Reserve of a reserve
component using the expanded authority provided by the
amendment made by subsection (a) may not exceed
$5,000,000. The authority to pay allowances under such
section shall not be considered to be an expanded author-
ity to the extent that the authority to pay such allowances
was available under section 573 of the National Defense
Authorization Act for Fiscal Year 2000 (10 U.S.C. 513
note), before the repeal of such section by subsection (b).
165
SEC. 552. STANDARDIZATION OF AUTHORITY TO CONFER
DEGREES ON GRADUATES OF COMMUNITY
COLLEGE OF THE AIR FORCE WITH AUTHOR-
ITY FOR OTHER SCHOOLS OF AIR UNIVER-
SITY.
(a) CHANGE
IN DEGREE CONFERRING AUTHOR-
ITY.—Section 9315(c) of title 10, United States Code, is
amended—
(1) in paragraph (1), by striking ‘‘Air Edu-
cation and Training Command of the Air Force’’
and inserting ‘‘Air University’’; and
(2) in paragraph (2), by striking ‘‘Air Edu-
cation and Training Command of the Air Force’’
and inserting ‘‘Air University’’.
(b) CONFORMING AND STYLISTIC AMENDMENTS.—
(1) Subsection (a) of section 9317 of such title is
amended—
(1) by striking ‘‘may confer—’’ and inserting
‘‘may confer degrees as follows:’’;
(2) by striking ‘‘the’’ in paragraphs (1), (2),
and (3) after the paragraph designation and insert-
ing ‘‘The’’;
(3) by striking the semicolon at the end of
paragraph (1) and inserting a period;
(4) by striking ‘‘; and’’ at the end of paragraph
(2) and inserting a period; and
166
(5) by adding at the end the following new
paragraph:
‘‘(4) An associate level degree upon graduates
of the Community College of the Air Force.’’.
(c) CLERICAL AMENDMENTS.—The heading for such
section, and the item relating to such section in the table
of sections at the beginning of chapter 901 of such title,
are amended by striking the matter between the colon and
the last word.
SEC. 553. CHANGE IN TITLES OF HEADS OF THE NAVAL
POSTGRADUATE SCHOOL.
(a) PRESIDENT OF THE SCHOOL.—(1)(A) Section
7042 of title 10, United States Code, is amended by strik-
ing ‘‘Superintendent’’ each place it appears in the text and
inserting ‘‘President’’.
(B) The heading of such section is amended to read
as follows:
‘‘§ 7042. President; assistants’’.
(2)(A) Section 7044 of such title is amended by strik-
ing ‘‘Superintendent’’ and inserting ‘‘President of the
school’’;
(B) Sections 7048(a) and 7049(e) of such title are
amended by striking ‘‘Superintendent’’ and inserting
‘‘President’’;
167
(b) PROVOST AND ACADEMIC DEAN.—(1)(A) Sub-
section (a) of section 7043 of title 10, United States Code,
is amended to read as follows:
‘‘(a) There is at the Naval Postgraduate School the
civilian position of Provost and Academic Dean. The Pro-
vost and Academic Dean shall be appointed, to serve for
periods of not more than five years, by the Secretary of
the Navy after consultation with the Naval Postgraduate
School Board of Advisors and consideration of the rec-
ommendation of the leadership and faculty of the Naval
Postgraduate School.’’.
(B) Subsection (b) of such section is amended by
striking ‘‘Academic Dean’’ and inserting ‘‘Provost and
Academic Dean’’.
(C) The heading of such section is amended to read
as follows:
‘‘§ 7043. Provost and Academic Dean’’.
(2) Section 5102(c)(10) of title 5, United States
Code, is amended by striking ‘‘Academic Dean’’ and in-
serting ‘‘Provost and Academic Dean’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 605 of such title is amended
by striking the items related to sections 7042 and 7043
and inserting the following new items:
‘‘7042. President; assistants.
‘‘7043. Provost and Academic Dean.’’.
168
SEC. 554. INCREASE FROM TWO YEARS TO THREE YEARS IN
PERIOD FOR WHICH EDUCATIONAL LEAVE OF
ABSENCE MAY BE AUTHORIZED.
Section 708(a) of title 10, United States Code, is
amended by striking ‘‘two years’’ and inserting ‘‘three
years’’.
SEC. 555. CORRECTION TO DISPARATE TREATMENT OF DIS-
ABILITIES SUSTAINED DURING ACCESSION
TRAINING.
(a) ELIGIBILITY OF ACADEMY CADETS AND MID-
SHIPMEN FOR DISABILITY RETIRED PAY.—(1) Section
1217 of title 10, United States Code, is amended to read
as follows:
‘‘§ 1217. Cadets, midshipmen, and aviation cadets: ap-
plicability of chapter
‘‘(a) This chapter applies to cadets at the United
States Military Academy, the United States Air Force
Academy, and the United States Coast Guard Academy
and midshipmen of the Navy, but only with respect to
physical disabilities incurred after the date of the enact-
ment of the National Defense Authorization Act for Fiscal
Year 2005.
‘‘(b) Monthly cadet pay and monthly midshipman pay
under section 203(c) of title 37 shall be considered to be
basic pay for purposes of this chapter and the computation
169
of retired pay and severance and separation pay to which
entitlement is established under this chapter.’’.
(2) The item related to section 1217 in the table of
sections at the beginning of chapter 61 of such title is
amended to read as follows:
‘‘1217. Cadets, midshipmen, and aviation cadets: applicability of chapter.’’.
(b) MEDICAL AND DENTAL CARE FOR SENIOR ROTC
MEMBERS AND APPLICANTS.—(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section
1074a the following new section:
‘‘§ 1074b. Medical and dental care: members of, and
designated applicants for membership in,
Senior ROTC
‘‘(a) Under joint regulations prescribed by the admin-
istering Secretaries, the following persons are entitled to
the benefits described in subsection (b):
‘‘(1) A member of, and a designated applicant
for membership in, Senior ROTC who incurs or ag-
gravates an injury, illness, or disease in the line of
duty while performing duties pursuant to section
2109 of this title.
‘‘(2) A member of, and a designated applicant
for membership in, Senior ROTC who incurs or ag-
gravates an injury, illness, or disease while traveling
directly to or from the place at which that member
170
or applicant is to perform or has performed duties
pursuant to section 2109 of this title.
‘‘(3) Each member of, and each designated ap-
plicant for membership in, Senior ROTC who incurs
or aggravates an injury, illness, or disease in the line
of duty while remaining overnight immediately be-
fore the commencement of duties performed pursu-
ant to section 2109 of this title or, while remaining
overnight, between successive periods of performing
duties pursuant to section 2109 of this title, at or
in the vicinity of the site of the duties performed
pursuant to section 2109 of this title, if the site is
outside reasonable commuting distance from the res-
idence of the member or designated applicant.
‘‘(b) A person described in subsection (a) is entitled
to—
‘‘(1) the medical and dental care appropriate
for the treatment of the injury, illness, or disease of
that person until the resulting disability cannot be
materially improved by further hospitalization or
treatment; and
‘‘(2) subsistence during hospitalization.
‘‘(c) A member of, and each designated applicant for
membership in, Senior ROTC is not entitled to benefits
under subsection (b) if the injury, illness, or disease or
171
aggravation of an injury, illness, or disease of that person
described in subsection (a)(2) is the result of the gross
negligence or the misconduct of the member or applicant
for membership in Senior ROTC.
‘‘(d) In this section, the term ‘Senior ROTC’ means
a program under chapter 103 of this title.’’.
(2) Section 1074b of title 10, United States Code,
as added by paragraph (1), shall apply with respect to in-
juries, illnesses, and diseases incurred or aggravated on
or after the date of the enactment of this Act.
(3) The table of sections at the beginning of chapter
55 of such title is amended by inserting after the item
relating to section 1074a the following new item:
‘‘1074b. Medical and dental care: members of, and designated applicants for
membership in, Senior ROTC.’’.
SEC. 556. PRAYER AT MILITARY SERVICE ACADEMY ACTIVI-
TIES.
(a) AUTHORITY OF SUPERINTENDENT.—The Super-
intendent of a service academy may have in effect such
policy as the Superintendent considers appropriate with
respect to the offering of a voluntary, nondenominational
prayer at an otherwise authorized activity of the academy,
subject to such limitations as the President may prescribe.
(b) SERVICE ACADEMIES.—For purposes of this sec-
tion, the term ‘‘service academy’’ means any of the fol-
lowing:
172
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 557. REVISION TO CONDITIONS ON SERVICE OF OFFI-
CERS AS SERVICE ACADEMY SUPERINTEND-
ENTS.
(a) REPEAL OF REQUIREMENT THAT OFFICERS RE-
TIRE AFTER SERVICE AS SUPERINTENDENT.—Sections
3921, 6371, and 8921 of title 10, United States Code,
are repealed.
(b) MINIMUM THREE-YEAR TOUR OF DUTY AS SU-
PERINTENDENT.—
(1) MILITARY ACADEMY.—Section 4333a of
such title is amended to read as follows:
‘‘§ 4333a. Superintendent: length of assignment
‘‘An officer who is detailed to the position of Super-
intendent of the Academy shall be so detailed for a period
of not less than three years. In any case in which an offi-
cer serving as Superintendent is reassigned or retires be-
fore having completed three years service as Super-
intendent, or otherwise leaves that position (other than
due to death) without having completed three years service
in that position, the Secretary of the Army shall submit
to Congress notice that such officer left the position of
Superintendent without having completed three years
173
service in that position, together with a statement of the
reasons why that officer did not complete three years serv-
ice in that position.’’.
(2) NAVAL ACADEMY.—Section 6951a of such
title is amended—
(A) by striking the second sentence of sub-
section (b); and
(B) by adding at the end the following new
subsection:
‘‘(c) An officer who is detailed to the position of Su-
perintendent shall be so detailed for a period of not less
than three years. In any case in which an officer serving
as Superintendent is reassigned or retires before having
completed three years service as Superintendent, or other-
wise leaves that position (other than due to death) without
having completed three years service in that position, the
Secretary of the Navy shall submit to Congress notice that
such officer left the position of Superintendent without
having completed three years service in that position, to-
gether with a statement of the reasons why that officer
did not complete three years service in that position.’’.
(3) AIR FORCE ACADEMY.—Section 9333a of
such title is amended to read as follows:
174
‘‘§ 9333a. Superintendent: length of assignment
‘‘An officer who is detailed to the position of Super-
intendent of the Academy shall be so detailed for a period
of not less than three years. In any case in which an offi-
cer serving as Superintendent is reassigned or retires be-
fore having completed three years service as Super-
intendent, or otherwise leaves that position (other than
due to death) without having completed three years service
in that position, the Secretary of the Air Force shall sub-
mit to Congress notice that such officer left the position
of Superintendent without having completed three years
service in that position, together with a statement of the
reasons why that officer did not complete three years serv-
ice in that position.’’.
(b) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of
chapter 367 of such title is amended by striking the
item relating to section 3921.
(2) The table of sections at the beginning of
chapter 403 of such title is amended to read as fol-
lows:
‘‘4333a. Superintendent: length of assignment.’’
(3) The table of sections at the beginning of
chapter 573 of such title is amended by striking the
item relating to section 6371.
175
(4) The table of sections at the beginning of
chapter 867 of such title is amended by striking the
item relating to section 8921.
(5) The table of sections at the beginning of
chapter 903 of such title is amended to read as fol-
lows:
‘‘9333a. Superintendent: length of assignment.’’
SEC. 558. CODIFICATION OF PROHIBITION ON IMPOSITION
OF CERTAIN CHARGES AND FEES AT THE
SERVICE ACADEMIES.
(a) UNITED
STATES
MILITARY
ACADEMY.—(1)
Chapter 403 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 4359. Cadets: charges and fees for attendance; limi-
tation
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), no charge or fee for tuition, room, or board
for attendance at the Academy may be imposed unless the
charge or fee is specifically authorized by a law enacted
after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in sub-
section (a) does not apply with respect to any item or serv-
ice provided to cadets for which a charge or fee is imposed
as of October 5, 1994. The Secretary of Defense shall no-
tify Congress of any change made by the Academy in the
176
amount of a charge or fee authorized under this sub-
section.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘4359. Cadets: charges and fees for attendance; limitation.’’.
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter
603 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 6978. Midshipmen: charges and fees for attend-
ance; limitation
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), no charge or fee for tuition, room, or board
for attendance at the Naval Academy may be imposed un-
less the charge or fee is specifically authorized by a law
enacted after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in sub-
section (a) does not apply with respect to any item or serv-
ice provided to midshipmen for which a charge or fee is
imposed as of October 5, 1994. The Secretary of Defense
shall notify Congress of any change made by the Naval
Academy in the amount of a charge or fee authorized
under this subsection.’’.
177
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘4359. Midshipmen: charges and fees for attendance; limitation.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—(1)
Chapter 903 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 9359. Cadets: charges and fees for attendance; limi-
tation
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), no charge or fee for tuition, room, or board
for attendance at the Academy may be imposed unless the
charge or fee is specifically authorized by a law enacted
after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in sub-
section (a) does not apply with respect to any item or serv-
ice provided to cadets for which a charge or fee is imposed
as of October 5, 1994. The Secretary of Defense shall no-
tify Congress of any change made by the Academy in the
amount of a charge or fee authorized under this sub-
section.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘9359. Cadets: charges and fees for attendance; limitation.’’.
178
(d) UNITED STATES COAST GUARD ACADEMY.—(1)
Chapter 9 of title 14, United States Code, is amended by
adding at the end the following new section:
‘‘§ 197. Cadets: charges and fees for attendance; limi-
tation
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), no charge or fee for tuition, room, or board
for attendance at the Academy may be imposed unless the
charge or fee is specifically authorized by a law enacted
after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in sub-
section (a) does not apply with respect to any item or serv-
ice provided to cadets for which a charge or fee is imposed
as of October 5, 1994. The Secretary of Homeland Secu-
rity shall notify Congress of any change made by the
Academy in the amount of a charge or fee authorized
under this subsection.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘197. Cadets: charges and fees for attendance; limitation.’’.
(e) UNITED STATES MERCHANT MARINE ACAD-
EMY.—Section 1303 of the Merchant Marine Act, 1936
(46 U.S.C. App. 1295b), is amended by adding at the end
the following new subsection:
179
‘‘(j) LIMITATION ON CHARGES AND FEES FOR AT-
TENDANCE.—
‘‘(1) Except as provided in paragraph (2), no
charge or fee for tuition, room, or board for attend-
ance at the Academy may be imposed unless the
charge or fee is specifically authorized by a law en-
acted after October 5, 1994.
‘‘(2)The prohibition specified in paragraph (1)
does not apply with respect to any item or service
provided to cadets for which a charge or fee is im-
posed as of October 5, 1994. The Secretary of
Transportation shall notify Congress of any change
made by the Academy in the amount of a charge or
fee authorized under this paragraph.’’.
(f) REPEAL OF CODIFIED PROVISION.—Section 553
of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 10 U.S.C. 4331 note) is re-
pealed.
SEC. 559. QUALIFICATIONS OF THE DEAN OF THE FACULTY
OF UNITED STATES AIR FORCE ACADEMY.
Section 9335(a) of title 10, United States Code, is
amended by inserting before the period at the end of the
second sentence the following: ‘‘, except that, if the Dean
is not an officer on active duty, the Dean shall be a retired
officer or former officer, and a person may not be ap-
180
pointed or assigned as Dean unless that person holds the
highest academic degree in that person’s academic field’’.
SEC. 560A. BOARD OF VISITORS OF UNITED STATES AIR
FORCE ACADEMY.
Section 9355 of title 10, United States Code, is
amended to read as follows:
‘‘§ 9355. Board of Visitors
‘‘(a) A Board of Visitors to the Academy is con-
stituted annually. The Board consists of the following
members:
‘‘(1) Six persons designated by the President.
‘‘(2) Four persons designated by the Speaker of
the House of Representatives, three of whom shall
be members of the House of Representatives and the
fourth of whom may not be a member of the House
of Representatives.
‘‘(3) Three persons designated by the Vice
President or the President pro tempore of the Sen-
ate, two of whom shall be members of the Senate
and the third of whom may not be a member of the
Senate.
‘‘(4) The chairman of the Committee on Armed
Services of the House of Representatives, or his des-
ignee.
181
‘‘(5) The chairman of the Committee on Armed
Services of the Senate, or his designee.
‘‘(b)(1) The persons designated by the President
serve for three years each except that any member whose
term of office has expired shall continue to serve until his
successor is designated. The President shall designate per-
sons each year to succeed the members designated by the
President whose terms expire that year.
‘‘(2) At least two of the members designated by the
President shall be graduates of the Academy.
‘‘(c)(1) If a member of the Board dies or resigns or
is terminated as a member of the board under paragraph
(2), a successor shall be designated for the unexpired por-
tion of the term by the official who designated the mem-
ber.
‘‘(2) If a member of the Board fails to attend two
successive Board meetings, except in a case in which an
absence is approved in advance, for good cause, by the
Board chairman, such failure shall be grounds for termi-
nation from membership on the Board. A person des-
ignated for membership on the Board shall be provided
notice of the provisions of this paragraph at the time of
such designation.
‘‘(d) The Board should meet at least four times a
year, with at least two of those meetings at the Academy.
182
The Board or its members may make other visits to the
Academy in connection with the duties of the Board.
Board meetings should last at least one full day. Board
members shall have access to the Academy grounds and
the cadets, faculty, staff, and other personnel of the Acad-
emy for the purposes of the duties of the Board.
‘‘(e)(1) The Board shall inquire into the morale, dis-
cipline, and social climate, the curriculum, instruction,
physical equipment, fiscal affairs, academic methods, and
other matters relating to the Academy that the Board de-
cides to consider.
‘‘(2) The Secretary of the Air Force and the Super-
intendent of the Academy shall provide the Board candid
and complete disclosure, consistent with applicable laws
concerning disclosure of information, of all institutional
problems.
‘‘(3) The Board shall recommend appropriate action.
‘‘(f) Within 30 days after any meeting of the Board,
the Board shall submit a written report concurrently to
the Secretary of Defense, through the Secretary of the Air
Force, and to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the
House of Representatives with its views and recommenda-
tions pertaining to the Academy.
183
‘‘(g) Upon approval by the Secretary, the Board may
call in advisers for consultation.
‘‘(h) While performing duties as a member of the
Board, each member of the Board and each adviser shall
be reimbursed under Government travel regulations for
travel expenses.’’.
SEC. 560B. ESTABLISHMENT OF COLLEGE FINANCIAL AS-
SISTANCE PROGRAM FOR DISTRICT OF CO-
LUMBIA NATIONAL GUARD.
(a) AUTHORITY.—Under regulations prescribed by
the Secretary of Defense, the Secretary concerned may,
in recognition of the unique position of the District of Co-
lumbia in the Federal system, provide financial assistance
to eligible members of the National Guard of the District
of Columbia for expenses of such a member while enrolled
in an approved institution of higher education in a degree,
certificate, or other program (including a program of
study abroad approved for credit by the institution of
higher education) leading to a recognized educational cre-
dential at the institution of higher education. Any such
assistance may be provided only during the program appli-
cability period specified in subsection (i).
(b) AUTHORITY SUBJECT TO AVAILABILITY OF AP-
PROPRIATIONS.—The authority provided in subsection (a)
184
is subject to the availability of appropriations for that pur-
pose.
(c) ELIGIBILITY.—To be eligible for financial assist-
ance under this section, a member of the National Guard
of the District of Columbia must—
(1) be a member of the National Guard of the
District of Columbia for not less than the 12 con-
secutive months preceding the commencement of the
tuition assistance and continue to be such a member
while receiving such assistance;
(2) agree to serve one year in the National
Guard of the District of Columbia for each academic
year of assistance provided;
(3) be enrolled or accepted for enrollment in a
program of education referred to in subsection (a) at
an institution of higher education; and
(4) if already enrolled, maintain satisfactory
progress in the course of study the member is pur-
suing in accordance with section 484(c) of the High-
er Education Act of 1965 (20 U.S.C. 1091(c)).
(d) COVERED EXPENSES.—Expenses for which fi-
nancial assistance may be provided under this section are
the following:
(1) Tuition and fees charged by an approved in-
stitution of higher education involved.
185
(2) The cost of books.
(3) Laboratory expenses.
(e) AMOUNT.—(1) The amount of financial assistance
provided to a member of the National Guard of the Dis-
trict of Columbia under this section shall be prescribed
by the Secretary concerned, but may not exceed $2,500
for any academic year. The Secretary concerned shall pro-
rate assistance under this section for members who pursue
a program of education on less than a full-time basis.
(2) A member may not receive more than $12,500
under this section.
(f) CONSTRUCTION.—Nothing in this section shall be
construed to require an institution of higher education to
alter the institution’s admissions policies or standards in
any manner to enable a member of the National Guard
of the District of Columbia to enroll in the institution.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘approved institution of higher
education’’ means an institution of higher education
(as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) that—
(A) is eligible to participate in the student
financial assistance programs under title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
186
(B) has entered into an agreement with
the Secretary concerned containing such condi-
tions as the Secretary may specify, including a
requirement that the institution use the funds
made available under this section to supplement
and not supplant assistance that otherwise
would be provided to eligible students from the
District of Columbia National Guard.
(2) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of the Army, in the case
of the Army National Guard of the District of
Columbia; and
(B) the Secretary of the Air Force, in the
case of the Air National Guard of the District
of Columbia.
(h) ANNUAL REPORT.—At the close of each year dur-
ing which the program under this section is in effect, the
Secretary of Defense shall submit to the congressional de-
fense committees a report on the effectiveness of the pro-
gram in improving recruiting and retention for the Dis-
trict of Columbia National Guard. Each such report shall
include such recommendations for changes in law or policy
as the Secretary considers appropriate. In the first such
report, the Secretary shall include an analysis of means
187
for improving the effectiveness as a recruitment and reten-
tion incentive of any program providing tuition assistance
for members of the District of Columbia National Guard
in existence as of the date of the enactment of this Act.
(i) PROGRAM APPLICABILITY PERIOD.—Financial as-
sistance may be provided under this section to eligible
members of the National Guard of the District of Colum-
bia for periods of instruction that begin during the three-
year period beginning on the date of the enactment of this
Act.
Subtitle G—Medals and Decora-
tions and Special Promotions
and Appointments
SEC. 561. SEPARATE MILITARY CAMPAIGN MEDALS TO REC-
OGNIZE SERVICE IN OPERATION ENDURING
FREEDOM 
AND 
SERVICE 
IN 
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
Freedom and a separate campaign medal specifically to
recognize service by members of the uniformed services in
Operation Iraqi Freedom.
(b) ELIGIBILITY.—Subject to such limitations as may
be prescribed by the President, eligibility for a campaign
188
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. 562. ELIGIBILITY OF ALL UNIFORMED SERVICES PER-
SONNEL FOR NATIONAL DEFENSE SERVICE
MEDAL.
The President shall revise the criteria for eligibility
for the decoration known as the National Defense Service
Medal so as to extend such eligibility, with respect to serv-
ice on or after September 11, 2001, to members of all
of the uniformed services.
SEC. 563. AUTHORITY TO APPOINT BRIGADIER GENERAL
CHARLES E. YEAGER, UNITED STATES AIR
FORCE (RETIRED), TO THE GRADE OF MAJOR
GENERAL ON THE RETIRED LIST.
The President is authorized to appoint, by and with
the advice and consent of the Senate, Brigadier General
Charles E. Yeager, United States Air Force (retired), to
the grade of major general on the retired list of the Air
Force. Any such appointment shall not affect the retired
pay or other benefits of Charles E. Yeager or any benefits
189
to which any other person is or may become entitled based
upon his service.
SEC. 564. POSTHUMOUS COMMISSION OF WILLIAM MITCH-
ELL IN THE GRADE OF MAJOR GENERAL IN
THE ARMY.
(a) AUTHORITY.—The President, by and with the ad-
vice and consent of the Senate, may issue posthumously
a commission as major general, United States Army, in
the name of the late William Mitchell, formerly a colonel,
United States Army, who resigned his commission on Feb-
ruary 1, 1926.
(b) DATE OF COMMISSION.—A commission issued
under subsection (a) shall issue as of the date of the death
of William Mitchell on February 19, 1936.
(c) PROHIBITION OF BENEFITS.—No person is enti-
tled to receive any bonus, gratuity, pay, allowance, or
other financial benefit by reason of the enactment of this
section.
SEC. 565. REQUIREMENTS FOR AWARD OF COMBAT INFAN-
TRYMAN 
BADGE 
AND 
COMBAT 
MEDICAL
BADGE 
WITH 
RESPECT 
TO 
SERVICE 
IN
KOREA AFTER JULY 28, 1953.
(a) STANDARDIZATION
OF REQUIREMENTS WITH
OTHER GEOGRAPHIC AREAS.—(1) Chapter 357 of title
190
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 3757. Korean defense service: Combat Infantryman
Badge; Combat Medical Badge
‘‘The Secretary of the Army shall provide that, with
respect to service in the Republic of Korea after July 28,
1953, eligibility of a member of the Army for the Combat
Infantryman Badge or the Combat Medical Badge shall
be met under criteria and eligibility requirements that, as
nearly as practicable, are identical to those applicable, at
the time of such service in the Republic of Korea, to serv-
ice elsewhere without regard to specific location or special
circumstances. In particular, such eligibility shall be
established—
‘‘(1) without any requirement for service by the
member in an area designated as a ‘hostile fire area’
(or by any similar designation) or that the member
have been authorized hostile fire pay;
‘‘(2) without any requirement for a minimum
number of instances (in excess of one) in which the
member was engaged with the enemy in active
ground combat involving an exchange of small arms
fire; and
‘‘(3) without any requirement for personal rec-
ommendation or approval by commanders in the
191
member’s chain of command other than is generally
applicable for service at locations outside the Repub-
lic of Korea.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘3757. Korean defense service: Combat Infantryman Badge; Combat Medical
Badge.’’.
(b) APPLICABILITY TO SERVICE BEFORE DATE OF
ENACTMENT.—The Secretary of the Army shall establish
procedures to provide for the implementation of section
3757 of title 10, United States Code, as added by sub-
section (a), with respect to service in the Republic of
Korea during the period between July 28, 1953, and the
date of the enactment of this Act. Such procedures shall
include a requirement for submission of an application for
award of a badge under that section with respect to service
before the date of the enactment of this Act and the fur-
nishing of such information as the Secretary may specify.
SEC. 566. ARMY COMBAT RECOGNITION RIBBON.
(a) REQUIREMENT SIMILAR
TO THAT
FOR NAVY
COMBAT ACTION RIBBBON .—(1) Chapter 357 of title 10,
United States Code, is amended by adding at the end the
following new section:
192
‘‘§ 3757. Combat recognition ribbon
‘‘(a) REQUIREMENT.—The Secretary of the Army
shall establish a combat recognition ribbon to recognize
participation by members of the Army in combat. The Sec-
retary shall award the combat recognition ribbon to each
member of the Army who meets the criteria for that rib-
bon based upon service performed after August 1, 1990.
‘‘(b) CRITERIA FOR AWARD.—The Secretary shall es-
tablish the criteria for award of the combat recognition
ribbon. To the maximum extent practicable, the criteria
for the award of such ribbon shall be based upon, and
be similar to, the criteria for award of the Navy Combat
Action Ribbon, including any special criteria for service
during a particular period of time or in a specific location.
‘‘(c) LIMITATION.—The combat recognition ribbon
may not be awarded to a member of the Army with respect
to the same period of service as service for which the mem-
ber was awarded the Combat Infantryman Badge or the
Combat Medic Badge.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘3757. Combat recognition ribbon.’’.
(b) IMPLEMENTATION FOR SERVICE BEFORE DATE
OF ENACTMENT.—The Secretary of the Army shall estab-
lish procedures to provide for the implementation of sec-
193
tion 3757 of title 10, United States Code, as added by
subsection (a), with respect to service during the period
beginning on August 1, 1990, and ending on the date of
the enactment of this Act. Such procedures shall include
a requirement for submission of an application for award
of a ribbon under that section with respect to service be-
fore the date of the enactment of this Act and the fur-
nishing of such information as the Secretary may specify.
Such procedures shall be established not later than 180
days after the date of the enactment of this Act.
Subtitle H—Military Justice
Matters
SEC. 571. REVIEW ON HOW SEXUAL OFFENSES ARE COV-
ERED BY UNIFORM CODE OF MILITARY JUS-
TICE.
(a) REVIEW REQUIRED.—The Secretary of Defense
shall review the Uniform Code of Military Justice and the
Manual for Courts-Martial with the objective of deter-
mining what changes are required to improve the ability
of the military justice system to address issues relating
to sexual assault and to conform the Uniform Code of
Military Justice and the Manual for Courts-Martial more
closely to other Federal laws and regulations that address
such issues.
194
(b) REPORT.—Not later than March 1, 2005, the
Secretary shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services
of the House of Representatives a report on the review
carried out under subsection (a). The report shall include
the recommendations of the Secretary for revisions to the
Uniform Code of Military Justice and, for each such revi-
sion, the rationale behind that revision.
SEC. 572. SERVICE TIME NOT LOST WHEN CONFINED IN
CONNECTION WITH TRIAL IF CONFINEMENT
EXCUSED AS UNAVOIDABLE.
Section 972 of title 10, United States Code, is
amended in each of subsections (a)(3) and (b)(3) by in-
serting after ‘‘the trial’’ the following: ‘‘, unless such con-
finement is excused as unavoidable’’.
SEC. 573. CLARIFICATION OF AUTHORITY OF MILITARY
LEGAL ASSISTANCE COUNSEL TO PROVIDE
MILITARY LEGAL ASSISTANCE WITHOUT RE-
GARD TO LICENSING REQUIREMENTS.
Section 1044 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e)(1) Notwithstanding any law regarding the licen-
sure of attorneys, a judge advocate or civilian attorney
who is authorized to provide military legal assistance is
195
authorized to provide that assistance in any jurisdiction,
subject to such regulations as may be prescribed by the
Secretary concerned.
‘‘(2) In this subsection, the term ‘military legal as-
sistance’ includes—
‘‘(A) legal assistance provided under this sec-
tion; and
‘‘(B) legal assistance contemplated by sections
1044a, 1044b, 1044c, and 1044d of this title.’’.
Subtitle I—Management and
Administrative Matters
SEC. 581. THREE-YEAR EXTENSION OF LIMITATION ON RE-
DUCTIONS OF PERSONNEL OF AGENCIES RE-
SPONSIBLE FOR REVIEW AND CORRECTION
OF MILITARY RECORDS.
Section 1559(a) of title 10, United States Code, is
amended by striking ‘‘During fiscal years 2003, 2004, and
2005,’’ and inserting ‘‘Before October 1, 2008,’’.
SEC. 582. STAFFING AND FUNDING FOR DEFENSE PRIS-
ONER OF WAR/MISSING PERSONNEL OFFICE
(DPMO).
(a) MINIMUM LEVEL OF STAFFING.—Subparagraph
(B) of section 1501(a)(5) of title 10, United States Code,
is amended to read as follows:
‘‘(B)(i) For any fiscal year—
196
‘‘(I) the number of full-time Department of De-
fense personnel permanently assigned or detailed to
the office shall be not less than 46 members of the
armed forces and not less than 69 civilian employees
of the Department of Defense; and
‘‘(II) the number of permanent positions au-
thorized for the office shall be not less than 46 posi-
tions for members of the armed forces and not less
than 69 positions for civilian employees.
‘‘(ii) No reductions below the numbers assigned or
authorized under clause (i) may be made unless expressly
authorized by law.
‘‘(iii) If for any reason the number of military or civil-
ian personnel assigned to the office should fall below the
required level under clause (i)(I), the Secretary of Defense
shall promptly notify the Committees on Armed Services
of the Senate and House of Representatives of the number
of personnel so assigned and of the Secretary’s plan to
restore the staffing levels of the office to at least the re-
quired minimums under clause (i). The Secretary shall
publish such notice and plan in the Federal Register.’’.
(b) MINIMUM LEVEL OF FUNDING.—Subparagraph
(C) of such section is amended to read as follows:
197
‘‘(C) For any fiscal year, the level of funding allo-
cated to the office shall be not less than $16,000,000 un-
less a lower level of funding is expressly required by law.’’.
SEC. 583. PERMANENT ID CARDS FOR RETIREE DEPEND-
ENTS AGE 70 AND OLDER.
(a) IN GENERAL.—(1) Chapter 53 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1060b. Military ID cards: dependents and survivors
of retirees; issuance of permanent ID
card after attaining 70 years of age
‘‘(a) PERMANENT ID CARD AFTER AGE 70.—In
issuing military ID cards to retiree dependents, the Sec-
retary concerned shall issue a permanent ID card (not
subject to renewal) to any such retiree dependent who has
attained 70 years of age. Such a permanent ID card shall
be issued upon the expiration, after the retiree dependent
attains 70 years of age, of any earlier, renewable military
ID card or, if earlier, upon the request of such a retiree
dependent after attaining age 70.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘military ID card’ means a card
or other form of identification used for purposes of
demonstrating eligibility for any benefit from the
Department of Defense.
198
‘‘(2) The term ‘‘retiree dependent’’ means a
person who is a dependent of a retired member of
the uniformed services, or a survivor of a deceased
retired member of the uniformed services, who is eli-
gible for any benefit from the Department of De-
fense.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘1060b. Military ID cards: dependents and survivors of retirees; issuance of per-
manent ID card after attaining 70 years of age.’’.
(b) EFFECTIVE DATE.—Section 1060b of title 10,
United States Code, as added by subsection (a), shall take
effect on October 1, 2004.
SEC. 584. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO
MEMBERS TRAVELING IN CONNECTION WITH
MEDICAL EVACUATION.
(a) AUTHORITY.—Section 1047 of title 10, United
States Code, is amended—
(1) by inserting ‘‘(b) CERTAIN ENLISTED MEM-
BERS.—’’ before ‘‘The Secretary’’; and
(2) by inserting after the section heading the
following:
‘‘(a) MEMBERS TRAVELING IN CONNECTION WITH
MEDICAL EVACUATION.—The Secretary of the military
department concerned may furnish civilian clothing to a
199
member at a cost not to exceed $250, or reimburse a mem-
ber for the purchase of civilian clothing in an amount not
to exceed $250, in the case of a member who—
‘‘(1) is medically evacuated for treatment in a
medical facility by reason of an illness or injury in-
curred or aggravated while on active duty; or
‘‘(2) after being medically evacuated as de-
scribed in paragraph (1), is in an authorized travel
status from a medical facility to another location ap-
proved by the Secretary.’’.
(b) EFFECTIVE DATE.—Subsection (a) of section
1047 of title 10, United States Code, as added by sub-
section (a) shall take effect on October 1, 2004.
SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT
TRAVELER MILES, CREDITS, AND TICKETS TO
FACILITATE 
REST 
AND 
RECUPERATION
TRAVEL OF DEPLOYED MEMBERS OF THE
ARMED FORCES AND THEIR FAMILIES.
(a) OPERATION HERO MILES.—Chapter 155 of title
10, United States Code, is amended by adding at the end
the following new section:
200
‘‘§ 2613. Acceptance of frequent traveler miles, cred-
its, and tickets; use to facilitate rest and
recuperation travel of deployed members
and their families
‘‘(a) AUTHORITY TO ACCEPT DONATION OF TRAVEL
BENEFITS.—Subject to subsection (c), the Secretary of
Defense may accept from any person or government agen-
cy the donation of travel benefits for the purposes of use
under subsection (d).
‘‘(b) TRAVEL BENEFIT DEFINED.—In the section,
the term ‘‘travel benefit’’ means frequent traveler miles,
credits for tickets, or tickets for air or surface transpor-
tation issued by an air carrier or a surface carrier, respec-
tively, that serves the public.
‘‘(c) CONDITION ON AUTHORITY TO ACCEPT DONA-
TION.—The Secretary may accept a donation of a travel
benefit under this section only if the air or surface carrier
that is the source of the benefit consents to such donation.
Any such donation shall be under such terms and condi-
tions as the surface carrier may specify, and the travel
benefit so donated may be used only in accordance with
the rules established by the carrier.
‘‘(d) USE OF DONATED TRAVEL BENEFITS.—A trav-
el benefit accepted under this section may be used only
for the purpose of—
201
‘‘(1) facilitating the travel of a member of the
armed forces who—
‘‘(A) is deployed on active duty away from
the permanent duty station of the member; and
‘‘(B) is granted, during such deployment,
rest and recuperative leave, emergency leave,
convalescent leave, or another form of leave au-
thorized for the member; or
‘‘(2) facilitating the travel of family members of
a member described in paragraph (1) in order to be
reunited with the member.
‘‘(e) ADMINISTRATION.—The Secretary shall des-
ignate a single office in the Department of Defense to
carry out this section. That office shall be responsible for
developing rules and procedures to facilitate the accept-
ance and distribution of travel benefit under this section.
‘‘(f) STATUS OF BENEFITS RECEIVED.—A member
of the armed forces, or a family member of a member of
the armed forces, who receives a travel benefit under this
section is deemed to recognize no income from the receipt
or use of such benefit. A donors of a travel benefit under
this section is deemed to obtain no tax benefit from such
donation.
202
‘‘(g) FAMILY MEMBER DEFINED.—In this section,
the term ‘family member’ has the meaning given that term
in section 411h(b)(1) of title 37.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2613. Acceptance of frequent traveler miles, credits, and tickets; use to facili-
tate rest and recuperation travel of deployed members and
their families.’’.
SEC. 586. LIMITATION ON AMENDMENT OR CANCELLATION
OF DEPARTMENT OF DEFENSE DIRECTIVE
RELATING TO REASONABLE ACCESS TO MILI-
TARY INSTALLATIONS FOR CERTAIN PER-
SONAL COMMERCIAL SOLICITATION.
An amendment to Department of Defense Directive
1344.7, ‘‘Personal Commercial Solicitation on DoD Instal-
lations’’, or cancellation of that directive, shall not take
effect until after the end of the one-year period beginning
on the date on which a report containing the results of
the investigation regarding insurance premium allotment
processing, which is underway as of the date of the enact-
ment of this Act, is submitted to the Committee on Armed
Services and the Committee on Government Reform of the
House of Representatives and the Committee on Armed
Services and the Committee on Governmental Affairs of
the Senate.
203
SEC. 587. ANNUAL IDENTIFICATION OF REASONS FOR DIS-
CHARGES FROM THE ARMED FORCES DUR-
ING PRECEDING FISCAL YEAR.
Not later than January 1 each year, the Secretary
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report
on discharges from the Army, Navy, Air Force, and Ma-
rine Corps during the preceding fiscal year. Each such re-
port shall show, in the aggregate and for each of those
Armed Forces, the following:
(1) The total number of persons discharged
during the preceding fiscal year.
(2) For each separation code, and for each re-
enlistment eligibility code, used by the Armed
Forces, the number of those discharged persons as-
signed that code.
(3) For the persons assigned each such separa-
tion code, classification of discharges by age, by sex,
by race, by military rank or grade, by time in serv-
ice, by unit (shown at the small unit level), by mili-
tary occupational specialty (or the equivalent), and
by reenlistment eligibility code.
204
SEC. 588. AUTHORITY FOR FEDERAL RECOGNITION OF NA-
TIONAL GUARD COMMISSIONED OFFICERS
APPOINTED FROM FORMER COAST GUARD
PERSONNEL.
Section 305(a) of title 32, United States Code, is
amended—
(1) by striking ‘‘Army, Navy, Air Force, or Ma-
rine Corps’’ in paragraphs (2), (3), and (4) and in-
serting ‘‘armed forces’’; and
(2) by striking ‘‘or the United States Air Force
Academy’’ in paragraph (5) and inserting ‘‘the
United States Air Force Academy, or the United
States Coast Guard Academy’’.
SEC. 589. STUDY OF BLENDED WING CONCEPT FOR THE AIR
FORCE.
(a) STUDY REQUIRED.—Not later than March 1,
2005, the Secretary of the Air Force shall submit to Con-
gress a report on the blended wing concept for the Air
Force. The report shall include the Secretary’s findings
as to the characteristics and locations that are considered
favorable for a blended wing, a description of the manner
in which current blended wings are functioning, and a
statement of the current and future plans of the Air Force
to implement the blended wing concept.
(b) SELECTION CRITERIA.—The report shall include
a description of the criteria and attributes that the Sec-
205
retary requires when choosing units to become blended
wings.
SEC. 590. CONTINUATION OF IMPACT AID ASSISTANCE ON
BEHALF OF DEPENDENTS OF CERTAIN MEM-
BERS DESPITE CHANGE IN STATUS OF MEM-
BER.
(a) SPECIAL RULE.—For purposes of computing the
amount of a payment for an eligible local educational
agency under subsection (a) of section 8003 of the Ele-
mentary and Secondary Education Act (20 U.S.C. 7703)
for school year 2004–2005, the Secretary of Education
shall continue to count as a child enrolled in a school of
such agency under such subsection any child who—
(1) would be counted under paragraph (1)(B)
of such subsection to determine the number of chil-
dren who were in average daily attendance in the
school; but
(2) due to the deployment of both parents or
legal guardians of the child, the deployment of a
parent or legal guardian having sole custody of the
child, or the death of a military parent or legal
guardian while on active duty (so long as the child
resides on Federal property (as defined in section
8013(5) of such Act (7 U.S.C. 7713(5))), is not eli-
gible to be so counted.
206
(b) TERMINATION.—The special rule provided under
subsection (a) applies only so long as the children covered
by such subsection remain in average daily attendance at
a school in the same local educational agency they at-
tended before their change in eligibility status.
Subtitle J—Other Matters
SEC. 591. EMPLOYMENT PREFERENCES FOR SPOUSES OF
CERTAIN DEPARTMENT OF DEFENSE CIVIL-
IAN EMPLOYEES SUBJECT TO RELOCATION
AGREEMENTS.
(a) SPOUSES OF CERTAIN CIVILIAN EMPLOYEES.—
(1) Section 1784 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(h) INCLUSION OF SPOUSES OF CERTAIN DOD CI-
VILIAN EMPLOYEES SUBJECT TO RELOCATION AGREE-
MENTS.—(1) For the purposes of this section, the spouse
of a civilian employee described in paragraph (2) shall be
considered to be the spouse of a member of the armed
forces.
‘‘(2) An employee described in this paragraph is a
Department of Defense employee who, pursuant to a man-
datory mobility agreement executed as a condition of em-
ployment or pursuant to another civilian mobility program
of the Department of Defense, has had a change of perma-
207
nent duty assignment (A) that was based on the needs
of the Government, and (B) that required a relocation of
the employee’s residence.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 1784. Employment opportunities: military spouses;
certain Department of Defense civilian
spouses 
subject 
to 
relocation 
agree-
ments’’.
(2) The item relating to such section in the table of
sections at the beginning of subchapter I of chapter 88
of such title is amended to read as follows:
‘‘1784. Employment opportunities: military spouses; certain Department of De-
fense civilian spouses subject to relocation agreements.’’.
(c) EFFECTIVE DATE.—Subsection (h) of section
1784 of title 10, United States Code, as added by sub-
section (a), shall apply only with respect to spouses of em-
ployees described in paragraph (2) of that subsection who
relocate their residence as a result of a permanent duty
assignment specified in that paragraph that is effective on
or after the date of the enactment of this Act.
208
SEC. 592. REPEAL OF REQUIREMENT TO CONDUCT ELEC-
TRONIC VOTING DEMONSTRATION PROJECT
FOR THE FEDERAL ELECTION TO BE HELD IN
NOVEMBER 2004.
Section 1604 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1277; 42 U.S.C. 1977ff note) is repealed.
SEC. 593. EXAMINATION OF SEXUAL ASSAULT IN THE
ARMED FORCES BY THE DEFENSE TASK
FORCE ESTABLISHED TO EXAMINE SEXUAL
HARASSMENT AND VIOLENCE AT THE MILI-
TARY SERVICE ACADEMIES.
(a) EXTENSION OF TASK FORCE.—(1) The task force
in the Department of Defense established by the Secretary
of Defense pursuant to section 526 of the National De-
fense Authorization Act for Fiscal Year 2004 (Public Law
108–136; 117 Stat. 1466) to examine matters relating to
sexual harassment and violence at the United States Mili-
tary Academy and United States Naval Academy shall
continue in existence for a period of at least 18 months
after the date as of which the task force would otherwise
be terminated pursuant to subsection (i) of that section.
(2) Upon the completion of the functions of the task
force referred to in paragraph (1) pursuant to section 526
of the National Defense Authorization Act for Fiscal Year
2004, the name of the task force shall be changed to the
209
Defense Task Force on Sexual Assault in the Military
Services, and the task force shall then carry out the func-
tions specified in this section. The task force shall not
begin to carry out the functions specified in this section
until it has completed its functions under such section
526.
(b) EXAMINATION OF MATTERS RELATING TO SEX-
UAL ASSAULT IN THE ARMED FORCES.—The task force
shall conduct an examination of matters relating to sexual
assault in cases in which members of the Armed Forces
are either victims or commit acts of sexual assault.
(c) RECOMMENDATIONS.—The Task Force shall in-
clude in its report under subsection (e) recommendations
of ways by which civilian officials within the Department
of Defense and leadership within the Armed Forces may
more effectively address matters relating to sexual assault.
That report shall include an assessment of, and rec-
ommendations (including any recommendations for
changes in law) for measures to improve, with respect to
sexual assault, the following:
(1) Victim care and advocacy programs.
(2) Effective prevention.
(3) Collaboration among military investigative
organizations with responsibility or jurisdiction.
210
(4) Coordination between military and civilian
communities, including local support organizations.
(5) Reporting procedures, data collection, and
tracking.
(6) Oversight of sexual assault programs.
(7) Military justice issues.
(8) Other issues identified by the task force re-
lating to sexual assault.
(d) METHODOLOGY.—In carrying out its examination
under subsection (b) and in formulating its recommenda-
tions under subsection (c), the task force shall consider
the findings and recommendations of previous reviews and
investigations of sexual assault conducted by the Depart-
ment of Defense and the Armed Forces.
(e) REPORT.—(1) Not later than one year after the
initiation of its examination under subsection (b), the task
force shall submit to the Secretary of Defense and the Sec-
retaries of the Army, Navy, and Air Force a report on
the activities of the task force and on the activities of the
Department of Defense and the Armed Forces to respond
to sexual assault.
(2) The report shall include the following:
(A) A description of any barrier to implementa-
tion of improvements as a result of previous efforts
to address sexual assault.
211
(B) Other areas of concern not previously ad-
dressed in prior reports
(C) The findings and conclusions of the task
force.
(D) Any recommendations for changes to policy
and law that the task force considers appropriate.
(3) Within 90 days after receipt of the report under
paragraph (1), the Secretary of Defense shall submit the
report, together with the Secretary’s evaluation of the re-
port, to the Committees on Armed Services of the Senate
and House of Representatives.
(f) TERMINATION.—The task force shall terminate
90 days after the date on which the report of the task
force is submitted to the Committees on Armed Services
of the Senate and House of Representatives pursuant to
subsection (e)(3).
SEC. 594. RENEWAL OF PILOT PROGRAM FOR TREATING
GED AND HOME SCHOOL DIPLOMA RECIPI-
ENTS AS HIGH SCHOOL GRADUATES FOR DE-
TERMINATIONS OF ELIGIBILITY FOR ENLIST-
MENT.
Section 571(e) of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (10 U.S.C.
520 note) is amended to read as follows:
212
‘‘(e) DURATION OF PILOT PROGRAM.—The pilot pro-
gram shall be in effect during the period beginning on Oc-
tober 1, 2004, and ending on September 30, 2005.’’.
SEC. 595. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE
PROGRAM FOR FISCAL YEAR 2005.—Of the amount au-
thorized to be appropriated pursuant to section 301(5) for
operation and maintenance for Defense-wide activities,
$50,000,000 shall be available only for the purpose of pro-
viding educational agencies assistance to local educational
agencies.
(b) NOTIFICATION.—Not later than June 30, 2005,
the Secretary of Defense shall notify each local edu-
cational agency that is eligible for educational agencies as-
sistance for fiscal year 2005 of—
(1) that agency’s eligibility for the assistance;
and
(2) the amount of the assistance for which that
agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of
Defense shall disburse funds made available under sub-
section (a) not later than 30 days after the date on which
213
notification to the eligible local educational agencies is
provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has
the meaning given that term in section 8013(9) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
SEC. 596. SENIOR RESERVE OFFICER TRAINING CORPS AND
RECRUITER ACCESS AT INSTITUTIONS OF
HIGHER EDUCATION.
(a) CERTIFICATION OF COMPLIANCE WITH ROTC
ACCESS PROVISIONS.—Subsection (a) of section 983 of
title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘No funds’’;
(2) by striking ‘‘prevents—’’ and inserting
‘‘prevents, either (or both) of the following:’’;
(3) by striking ‘‘(1) the’’ and inserting ‘‘(A)
The’’;
(4) by striking ‘‘; or’’ and inserting a period;
214
(5) by striking ‘‘(2) a’’ and inserting ‘‘(B) A’’;
and
(6) by adding at the end the following:
‘‘(2)(A) Not later than 180 days after the date of
the enactment of the National Defense Authorization Act
for Fiscal Year 2005 and annually thereafter, the Sec-
retary of Defense shall request from each institution of
higher education that has students participating in a Sen-
ior Reserve Officer Training Corps program during the
then-current academic year of that institution a certifi-
cation that such institution, during the next academic year
of the institution, will—
‘‘(i) permit the Secretary of each military de-
partment to maintain a unit of the Senior Officer
Training Corps (in accordance with subsection (a))
at that institution (or any subelement of that insti-
tution), should such Secretary elect to maintain such
a unit; and
‘‘(ii) if the Secretary of the military department
concerned elects not to establish or maintain a unit
of the Senior Reserve Officer Training Corps at that
institution, permit a student of that institution (or
any subelement of that institution) to enroll in a
unit of the Senior Reserve Officer Training Corps at
another institution of higher education.
215
‘‘(B) Any certification under subparagraph (A) shall
be made by the president of the institution (or equivalent
highest ranking administrative official) and shall be sub-
mitted to the Secretary of Defense no later than 90 days
after receipt of the request from the Secretary.
‘‘(C) In the case of any institution from which a cer-
tification is requested under subparagraph (A), if the Sec-
retary of Defense does not receive a certification in accord-
ance with subparagraph (B), or if the certification does
not state that the university will comply with both clauses
(i) and (ii) of subparagraph (A) during its next academic
year, the Secretary shall make a determination under
paragraph (1) as to whether the institution has a policy
or practice described in that paragraph.’’.
(b) EQUAL TREATMENT OF MILITARY RECRUITERS
WITH OTHER RECRUITERS.—Subsection (b)(1) of such
section 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 access to campuses and to
students that is provided to any other employer’’.
(c) PROHIBITION
OF
FUNDING
FOR
POST-SEC-
ONDARY SCHOOLS THAT PREVENT ROTC ACCESS OR
216
MILITARY RECRUITING.—(1) Subsection (d) of such sec-
tion is amended—
(A) in paragraph (1)—
(i) by striking ‘‘limitation established in
subsection (a) applies’’ and inserting ‘‘limita-
tions established in subsections (a) and (b)
apply’’;
(ii) in subparagraph (B), by inserting ‘‘for
any department or agency for which regular ap-
propriations are made’’ after ‘‘made available’’;
and
(iii) by adding at the end the following new
subparagraphs:
‘‘(C) Any funds made available for the Depart-
ment of Homeland Security.
‘‘(D) Any funds made available for the National
Nuclear Security Administration of the Department
of Energy.
‘‘(E) Any funds made available for the Depart-
ment of Transportation.
‘‘(F) Any funds made available for the Central
Intelligence Agency.’’; and
(B) by striking paragraph (2).
217
(2)(A) Subsection (b) of such section is amended by
striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection
(d)(1)’’.
(B) Subsection (e) of such section is amended by in-
serting ‘‘, to the head of each other department and agen-
cy the funds of which are subject to the determination,’’
after ‘‘Secretary of Education’’.
(d) CODIFICATION AND EXTENSION OF EXCLUSION
OF AMOUNTS TO COVER INDIVIDUAL PAYMENTS.—Sub-
section (d) of such section, as amended by subsection
(c)(1), is further amended—
(1) by striking ‘‘The’’ after ‘‘(1)’’ and inserting
‘‘Except as provided in paragraph (2), the’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) Any Federal funding specified in paragraph (1)
that is provided to an institution of higher education, or
to an individual, to be available solely for student financial
assistance, related administrative costs, or costs associated
with attendance, may be used for the purpose for which
the funding is provided.’’.
(e) CONFORMING AMENDMENTS.—Subsections (a)
and (b) of such section are amended by striking ‘‘(includ-
ing a grant of funds to be available for student aid)’’.
218
(f) CONFORMING REPEAL
OF CODIFIED PROVI-
SION.—Section 8120 of the Department of Defense Ap-
propriations Act, 2000 (Public Law 106–79; 10 U.S.C.
983 note), is repealed
(g) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to funds appropriated
for fiscal year 2005 and thereafter.
SEC. 597. REPORTS ON TRANSFORMATION MILESTONES.
(a) MILITARY TO CIVILIAN CONVERSIONS.—Not later
than January 31, 2005, the Secretary of Defense shall
submit to the Committees on Armed Services of the Sen-
ate and House of Representatives a report providing infor-
mation as to the number of positions in the Department
of Defense converted during the previous fiscal year from
performance by military personnel to performance by civil-
ian personnel. The report shall include—
(1) a description of the skill set of the positions
converted;
(2) specification of the total cost of such con-
versions and how that cost is being paid for; and
(3) the number of positions in the Department
of Defense projected for such conversion during the
period from March 1, 2005, to January 31, 2006.
(b) CIVILIAN SKILLS CORPS FEASIBILITY STUDY.—
(1) The Secretary of Defense shall conduct an Armed
219
Forces-wide study of how a system to embed certain civil-
ian expertise skill sets within the military on a temporary
basis could be implemented. The study shall include con-
sideration of all skills sets in which, as determined by the
Secretary of Defense, there is a significant shortfall within
the Armed Forces or which are high value, but of uncer-
tain need. The study shall examine the feasibility of imple-
menting a personnel system that expands the capability
of the Armed Forces to rapidly access civilian volunteers
with needed expertise outside of the reserve components.
(2) The Secretary shall submit to the congressional
defense committees a report on the results of the study
under paragraph (1) not later than March 31, 2005.
(c) 
MILITARY-TO-MILITARY
CONVERSIONS.—Not
later than March 31 of each of 2005, 2006, and 2007,
the Secretary of Defense shall submit to the congressional
defense committees a report on the milestones within the
multiyear transformation for internal military-to-military
transitions. Each such report shall include—
(1) the number of units and personnel trans-
ferred and retrained within the previous fiscal year
and what their new unit designations are; and
(2) a description of the transformation goals for
the upcoming fiscal year and whether the previous
years goals were met and why or why not.
220
(d) TRANSFORMATION TO BRIGADE STRUCTURE FOR
THE ARMY.—No later than March 31 of each year, the
Secretary of Defense shall submit to the congressional de-
fense committees a report on the status of the internal
transformation of the Army from a division-orientated sys-
tem to a brigade-orientated one. Such a report shall be
submitted for each year until the Secretary of the Army
certifies to those committees that the transformation of
the Army to brigade level units has been completed.
SEC. 598. 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
RESPONSE TO SEXUAL ASSAULTS.—(1) Not later than
January 1, 2005, the Secretary of Defense shall develop
a comprehensive policy for the Department of Defense on
the prevention of and response to sexual assaults involving
members of the Armed Forces.
(2) The policy shall be based on the recommendations
of the Department of Defense Task Force on Care for Vic-
tims of Sexual Assaults and on such other matters as the
Secretary considers appropriate.
221
(b) ELEMENTS OF COMPREHENSIVE POLICY.—The
policy 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.
(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
sexual assault.
222
(11) Uniform collection of data on the incidence
of sexual assaults and on disciplinary actions taken
in substantiated cases of sexual assault.
(c) REPORT ON IMPROVEMENT OF CAPABILITY TO
RESPOND TO SEXUAL ASSAULTS.—Not later than March
1, 2005, the Secretary of Defense shall submit to Congress
a proposal for such legislation as the Secretary considers
necessary to enhance the capability of the Department of
Defense to address matters relating to sexual assaults in-
volving 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-
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 Sec-
retaries 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
223
(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 in-
cidence 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.
(C) Procedures for members of the Armed
Force concerned to follow in the case of an incident
of sexual assault involving a member of such Armed
Force, including—
(i) specification of the person or persons to
whom the alleged offense should be reported;
(ii) specification of any other person whom
the victim should contact;
(iii) procedures for the preservation of evi-
dence; and
(iv) procedures for confidential reporting
and for contacting victim advocates.
224
(D) Procedures for disciplinary action in cases
of sexual assault by members of the Armed Force
concerned.
(E) Other sanctions authorized to be imposed
in substantiated cases of sexual assault, whether
forcible or nonforcible, by members of the Armed
Force concerned.
(F) Training on the policies and procedures for
all members of the Armed Force concerned, includ-
ing specific training for members of the Armed
Force concerned who process allegations of sexual
assault against members of such Armed Force.
(G) Any other matters that the Secretary of
Defense 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
assaults involving members of the Armed Forces in order
to determine the effectiveness of such policies and proce-
dures during such fiscal year in providing an appropriate
response to such sexual assaults.
225
(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 pre-
ceding year.
(2) Each report on an Armed Force under paragraph
(1) shall contain the following:
(A) The number of sexual assaults against
members of the Armed Force, and the number of
sexual assaults by members of the Armed Force,
that were reported to military officials during the
year covered by such report, and the number of the
cases so reported 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 sexual 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.
226
(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
Committees on Armed Services of the Senate and the
House of Representatives each report submitted to the
Secretary under this subsection, together with the com-
ments 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.
(h) REQUIREMENT
TO DEVELOP DEFINITION
OF
SEXUAL ASSAULT.—Prior to developing policies and pro-
grams on the prevention of and response to sexual as-
saults, the Department of Defense, in consultation with
the Service Secretaries, shall develop a definition of sexual
assault that is uniform for all the Armed Forces, including
but not limited to rape, acquaintance rape, sexual assault,
and other criminal offenses.
SEC. 599. AUTHORITY FOR REMOVAL OF REMAINS OF CER-
TAIN PERSONS INTERRED IN UNITED STATES
MILITARY CEMETERIES OVERSEAS.
(a) REMOVAL AND TRANSPORTATION OF REMAINS.—
Upon receipt from a qualifying survivor of an application
227
with respect to a person interred in a United States over-
seas military cemetery, the Secretary of Defense may,
upon approval of such application, provide for—
(1) the removal of the remains of that person
from the cemetery in which interred; and
(2) transportation of such remains to a location
in the United States selected by such qualifying sur-
vivor.
(b) REQUIREMENT
FOR APPROVAL
OF APPLICA-
TIONS.—(1) An application under this section may be ap-
proved only if the application presents sufficient evidence
that, at the time of the initial disposition decision (as de-
fined in paragraph (2)), there was a misunderstanding or
error related to that disposition decision that the Sec-
retary finds warrants approval of the application.
(2) In paragraph (1), the term ‘‘initial disposition de-
cision’’, with respect to the remains of a person who died
outside the United States and was interred in a United
States overseas military cemetery, means a decision by a
family member (or other designated person) as to the dis-
position (in accordance with laws and regulations in effect
at the time) of the remains of the person with respect to
whom the application is submitted, such decision being to
have the remains interred in a United States overseas mili-
tary cemetery (rather than to have those remains trans-
228
ported to the United States for interment or other disposi-
tion in the United States).
(c) ABMC ASSISTANCE.—The American Battle
Monuments Commission shall provide the Secretary of De-
fense with such assistance as the Secretary may require
in carrying out this section with respect to cemeteries
under the jurisdiction of the Commission.
(d) TIME FOR APPLICATION.—An application under
subsection (a) must be submitted to the Secretary of De-
fense not later than the end of the two-year period begin-
ning on the date of the enactment of this Act.
(e) NO EXPENDITURE OF FEDERAL FUNDS.—No
costs associated with the removal and transportation of
remains provided for under subsection (a) may be paid
by the United States.
(f) DEFINITIONS.—For purposes of this section:
(1) UNITED STATES OVERSEAS MILITARY CEM-
ETERY.—The term ‘‘United States overseas military
cemetery’’ means a cemetery located in a foreign
country that is administered by the Secretary of a
military department or the American Battle Monu-
ments Commission.
(2) QUALIFYING SURVIVORS.—The term ‘‘quali-
fying survivor’’ means the following, in the order
specified.
229
(A) The surviving spouse.
(B) All surviving children (including adop-
tive children), acting concurrently.
(C) A birth parent or, if both survive, both
birth parents, acting concurrently.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SECTION 601. INCREASE IN BASIC PAY FOR FISCAL YEAR
2005.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The
adjustment to become effective during fiscal year 2005 re-
quired by section 1009 of title 37, United States Code,
in the rates of monthly basic pay authorized members of
the uniformed services shall not be made.
(b) INCREASE IN BASIC PAY.—Effective on January
1, 2005, the rates of monthly basic pay for members of
the uniformed services are increased by 3.5 percent.
SEC. 602. AUTHORITY TO PROVIDE FAMILY SEPARATION
BASIC ALLOWANCE FOR HOUSING.
Section 403(d) of title 37, United States Code, is
amended—
(1) in paragraph (1), by striking ‘‘is entitled
to’’ and inserting ‘‘may be paid’’; and
230
(2) in paragraph (4), by striking the first sen-
tence and inserting the following new sentence: ‘‘A
family separation basic allowance for housing paid to
a member under this subsection is in addition to any
other allowance or per diem that the member re-
ceives under this title.’’
SEC. 603. GEOGRAPHIC BASIS FOR BASIC ALLOWANCE FOR
HOUSING DURING SHORT CHANGES OF STA-
TION FOR PROFESSIONAL MILITARY EDU-
CATION OR TRAINING.
Section 403(d)(3) of title 37, United States Code, is
amended by adding at the end the following new subpara-
graph:
‘‘(C) If the member is reassigned for a perma-
nent change of station or permanent change of as-
signment from a duty station in the continental
United States to another duty station in the conti-
nental United States for a period of not more than
one year for the purpose of participating in profes-
sional military education or training classes, the Sec-
retary concerned may base the amount of the basic
allowance for housing for the member on the duty
station to which the member is reassigned or the
area in which the dependents reside, whichever the
231
Secretary concerned determines to be most equi-
table.’’.
SEC. 604. IMMEDIATE LUMP-SUM REIMBURSEMENT FOR
UNUSUAL 
NONRECURRING 
EXPENSES 
IN-
CURRED BY MEMBERS SERVING OUTSIDE
CONTINENTAL UNITED STATES.
(a) ELIGIBILITY
FOR
REIMBURSEMENT.—Section
405 of title 37, United States Code, is amended by adding
at the end the following new subsection:
‘‘(d) 
LUMP-SUM
REIMBURSEMENT
FOR
NON-
RECURRING EXPENSES.—In addition to providing a per
diem under this section, the Secretary concerned may re-
imburse a member for actual expenses of a nonrecurring
nature that the member incurs incident to serving on duty
outside of the continental United States. The types of ex-
penses for which reimbursement may be provided under
this paragraph shall be limited to those expenses directly
related to the conditions or location of the duty outside
of the continental United States and either of a nature
or a magnitude not normally incurred by members as-
signed to duty inside the continental United States. In de-
termining the per diem to be paid under this section, the
Secretary concerned shall not consider expenses for which
reimbursement is provided under this paragraph.’’.
232
(b) USE OF DEFINED TERM CONTINENTAL UNITED
STATES.—(1) Subsection (a) of such section is amended
by striking ‘‘outside of the United States or in Hawaii or
Alaska’’ and inserting ‘‘outside of the continental United
States’’.
(2) The heading of such section is amended to read
as follows:
‘‘§ 405. Travel and transportation allowances: per
diem while on duty outside the conti-
nental United States’’.
(3) The table of sections at the beginning of chapter
7 of such title is amended by striking the item relating
to section 405 and inserting the following new item:
‘‘405. Travel and transportation allowances: per diem while on duty outside the
continental United States.’’.
SEC. 605. INCOME REPLACEMENT PAYMENTS FOR RE-
SERVES EXPERIENCING EXTENDED AND FRE-
QUENT MOBILIZATION FOR ACTIVE DUTY
SERVICE.
(a) IN GENERAL.—(1) Chapter 19 of title 37, United
States Code, is amended by adding at the end the fol-
lowing new section:
233
‘‘§ 910. Replacement of lost income: involuntarily mo-
bilized reserve component members sub-
ject to extended and frequent active duty
service
‘‘(a) PAYMENT
REQUIRED.—The Secretary con-
cerned shall pay to an eligible member of a reserve compo-
nent of the armed forces an amount equal to the monthly
active-duty income differential of the member, as deter-
mined by the Secretary. The payments shall be made on
a monthly basis.
‘‘(b) ELIGIBILITY.—Subject to subsection (c), a re-
serve component member is entitled to a payment under
this section for any full month of active duty of the mem-
ber, while on active duty under an involuntary mobiliza-
tion order, following the date on which the member—
‘‘(1) completes 12 continuous months of service
on active duty under such an order;
‘‘(2) completes 18 months on active duty during
the previous 60 months under such an order; or
‘‘(3) is involuntarily mobilized for service on ac-
tive duty six months or less following the member’s
separation from the member’s previous period of ac-
tive duty.
‘‘(c) 
MINIMUM
AND
MAXIMUM
PAYMENT
AMOUNTS.—(1) A payment under this section shall be
made to a member for a month only if the amount of the
234
monthly active-duty income differential for the month is
greater than $50.
‘‘(2) Notwithstanding the amount determined under
subsection (d) for a member for a month, the monthly pay-
ment to a member under this section may not exceed
$3,000.
‘‘(d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN-
TIAL.—For purposes of this section, the monthly active-
duty income differential of a member is the difference
between—
‘‘(1) the average monthly civilian income of the
member; and
‘‘(2) the member’s total monthly military com-
pensation.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘average monthly civilian in-
come’, with respect to a member of a reserve compo-
nent, means the amount, determined by the Sec-
retary concerned, of the earned income of the mem-
ber for either the 12 months preceding the member’s
mobilization or the 12 months covered by the mem-
ber’s most recent Federal income tax filing, divided
by 12.
235
‘‘(2) The term ‘total monthly military com-
pensation’ means the amount, computed on a
monthly basis, of the sum of—
‘‘(A) the amount of the regular military
compensation (RMC) of the member; and
‘‘(B) any amount of special pay or incen-
tive pay and any allowance (other than an al-
lowance included in regular military compensa-
tion) that is paid to the member on a monthly
basis.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘910. Replacement of lost income: involuntarily mobilized reserve component
members subject to extended and frequent active duty serv-
ice.’’.
(b) EFFECTIVE DATE.—Section 910 of title 37,
United States Code, as added by subsection (a), shall
apply for months after December 2004.
SEC. 606. AUTHORITY FOR CERTAIN MEMBERS DEPLOYED
IN COMBAT ZONES TO RECEIVE LIMITED AD-
VANCES ON THEIR FUTURE BASIC PAY.
(a) ADVANCEMENT OF BASIC PAY.—(1) Chapter 3
of title 37, United States Code, is amended by adding at
the end the following new section:
236
‘‘§ 212. Advancement of basic pay: members deployed
in combat zones for more than one year
‘‘(a) ELIGIBILITY; AMOUNT ADVANCED.—(1) If a
member of the armed forces is assigned to duty in an area
for which special pay under section 310 of this title is
available and the assignment is pursuant to orders speci-
fying an assignment of one year or more (or the assign-
ment is otherwise extended beyond one year), the member
may request, during the period of the assignment, the ad-
vanced payment of not more than three months of the
basic pay of the member.
‘‘(2) A request by a member described in paragraph
(1) for the advanced payment of a single month of basic
pay shall be granted. The Secretary concerned may grant
a request for a second or third month of advanced basic
pay during the assignment for the member upon a showing
of financial hardship.
‘‘(b) RECOUPMENT OF ADVANCED PAY.—The Sec-
retary concerned shall recoup an advance made on the
basic pay of a member under this section in equal install-
ments over a one-year period beginning as provided in sub-
section (c). If the member is serving on active duty for
any month during the recoupment period, the amount of
the installment for the month shall be deducted from the
basic pay of the member for that month. The estate of
237
a deceased member shall not be required to repay an ad-
vance made to the member under this section.
‘‘(c) COMMENCEMENT OF RECOUPMENT.—(1) Ex-
cept as provided in paragraph (2), the recoupment of basic
pay advanced to a member under this section shall com-
mence beginning with the first month that begins after
the end of the assignment of the member to duty in an
area for which special pay under section 310 of this title
is available
‘‘(2) A member of a reserve component who receives
an advancement of basic pay under this section shall com-
mence repayment of the advance beginning with the first
month that begins after the the advanced pay is re-
ceived.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘212. Advancement of basic pay: members deployed in combat zones for more
than one year.’’.
(b) EFFECTIVE DATE.—Section 212 of title 37,
United States Code, as added by subsection (a), shall take
effect October 1, 2004.
238
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF BONUS AND SPECIAL
PAY AUTHORITIES.
(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 CER-
TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
LECTED RESERVE.—Section 16302(d) of such title is
amended by striking ‘‘January 1, 2005’’ and inserting
‘‘January 1, 2006’’.
(c) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended
by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem-
ber 31, 2005’’.
(d) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of such title is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31,
2005’’.
(e) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of such title is amended
by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem-
ber 31, 2005’’.
239
(f) ACCESSION BONUS FOR DENTAL OFFICERS.—
Section 302h(a)(1) of such title is amended by striking
‘‘December 31, 2004’’ and inserting ‘‘December 31,
2005’’.
(g) ACCESSION BONUS FOR PHARMACY OFFICERS.—
Section 302j(a) of such title is amended by striking ‘‘the
date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 and end-
ing on September 30, 2004’’ and inserting ‘‘October 30,
2000, and ending on December 31, 2005’’.
(h) REENLISTMENT BONUS FOR ACTIVE AND RE-
SERVE MEMBERS.—Section 308(g) of such title is amend-
ed by striking ‘‘December 31, 2004’’ and inserting ‘‘De-
cember 31, 2005’’.
(i) ENLISTMENT BONUS FOR ACTIVE AND RESERVE
MEMBERS.—Section 309(e) of such title is amended by
striking ‘‘December 31, 2004’’ and inserting ‘‘December
31, 2005’’.
(j) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI-
CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section
312(e) of such title is amended by striking ‘‘December 31,
2004’’ and inserting ‘‘December 31, 2005’’.
(k) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of such title is amended by striking ‘‘December
31, 2004’’ and inserting ‘‘December 31, 2005’’.
240
(l) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of such title is amended by striking ‘‘De-
cember 31, 2004’’ and inserting ‘‘December 31, 2005’’.
(m) RETENTION BONUS FOR MEMBERS WHO HAVE
CRITICAL MILITARY SKILLS
OR MEET OTHER CRI-
TERIA.—Section 323(i) of such title is amended by strik-
ing ‘‘December 31, 2004’’ and inserting ‘‘December 31,
2005’’.
(n) ACCESSION OR AFFILIATION BONUS FOR NEW
OFFICERS IN CRITICAL SKILLS.—Section 324(g) of such
title is amended by striking ‘‘December 31, 2004’’ and in-
serting ‘‘December 31, 2005’’.
SEC. 612. REDUCTION IN REQUIRED SERVICE COMMIT-
MENT TO RECEIVE ACCESSION BONUS FOR
REGISTERED NURSES.
(a) REDUCTION.—Section 302d(a)(1) of title 37,
United States Code, is amended by striking ‘‘four years’’
and inserting ‘‘three years’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect October 1, 2004, and apply
with respect to written agreements referred to in section
302d(a)(1) of title 37, United States Code, entered into
on or after that date.
241
SEC. 613. INCREASE IN MAXIMUM MONTHLY RATE AUTHOR-
IZED FOR HARDSHIP DUTY PAY.
(a) INCREASE.—Section 305(a) of title 37, United
States Code, is amended by striking ‘‘$300’’ and inserting
‘‘$750’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect October 1, 2004.
SEC. 614. TERMINATION OF ASSIGNMENT INCENTIVE PAY
FOR 
MEMBERS 
PLACED 
ON 
TERMINAL
LEAVE.
(a) TERMINATION.—Subsection (e) of section 307a of
title 37, United States Code, is amended to read as fol-
lows:
‘‘(e) STATUS NOT AFFECTED BY TEMPORARY DUTY
OR LEAVE.—The service of a member in an assignment
referred to in subsection (a) shall not be considered dis-
continued during any period that the member is not per-
forming service in the assignment by reason of —
‘‘(1) the performance by the member of tem-
porary duty pursuant to orders; or
‘‘(2) the absence of the member for authorized
leave, unless the member is placed on terminal leave
and will not be returning to the assignment.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to agreements
under section 307a(b) of title 37, United States Code, en-
242
tered into on or after the date of the enactment of this
Act.
SEC. 615. CONSOLIDATION OF REENLISTMENT AND ENLIST-
MENT BONUS AUTHORITIES FOR REGULAR
AND RESERVE COMPONENTS.
(a) CONSOLIDATED
REENLISTMENT
BONUS
AU-
THORITY; ELIGIBILITY CRITERIA.—(1) Paragraph (1) of
subsection (a) of section 308 of title 37, United States
Code, is amended—
(A) by striking the matter preceding subpara-
graph (A) and inserting ‘‘The Secretary concerned
may pay a bonus under paragraph (2) to a member
of the armed forces serving in a regular component
or reserve component of the armed force if the mem-
ber—’’;
(B) by striking subparagraph (A) and inserting
the following new subparagraph:
‘‘(A) has completed at least 17 months of serv-
ice in a regular or reserve component of the armed
forces, but not more than 18 years of total military
service;’’; and
(C) by striking subparagraph (D) and all that
follows through the period at the end of such para-
graph and inserting the following:
243
‘‘(D) reenlists or voluntarily extends the mem-
ber’s enlistment for a period of at least three years
in a regular component or reserve component of the
armed forces.’’.
(2) Paragraph (3) of such subsection is amended by
striking ‘‘16 years’’ and inserting ‘‘20 years’’.
(3) Paragraph (5) of such subsection is amended to
read as follows:
‘‘(5) The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, may waive
all or part of the eligibility requirements specified in para-
graph (1) in time of war or national emergency.’’.
(4) Subsection (b) of such section is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding the schedule established for
making partial bonus payments under paragraph (1), a
member of a reserve component entitled to a bonus under
this section who is called or ordered to active duty shall
be paid, during that period of active duty, any amount
of the bonus that becomes payable to the member during
that period of active duty.’’.
244
(5) Subsection (g) of such section is amended by
striking ‘‘an active-duty reenlistment’’ and inserting ‘‘a re-
enlistment’’.
(b) CONSOLIDATED ENLISTMENT BONUS AUTHOR-
ITY.—Section 309(a) of such title is amended—
(1) by striking the first sentence and inserting
the following: ‘‘(1) The Secretary concerned may pay
a bonus this section to a person who enlists in a reg-
ular component or reserve component of the armed
forces for a period of at least two years.’’; and
(2) by inserting after the first sentence, as so
amended, the following new paragraph:
‘‘(2) The amount of a bonus under this section may
not exceed $20,000.’’.
(c) REPEAL OF SEPARATE REENLISTMENT AND EN-
LISTMENT BONUS AUTHORITY
FOR RESERVE COMPO-
NENTS.—(1) Sections 308b, 308c, 308g, 308h, and 308i
of such title are repealed.
(2) The table of sections at the beginning of chapter
5 of such title is amended by striking the items relating
to sections 308b, 308c, 308h, and 308i.
(d) EFFECTIVE DATE.——(1) Except as provided by
paragraphs (2) and (3), the amendments made by this sec-
tion shall take effect October 1, 2004, and the amend-
ments made by subsections (a) and (b) shall apply to re-
245
enlistments, the voluntary extension of enlistments, and
enlistments referred to in section 308(a)(1) or 309(a) of
title 37, United States Code, entered into on or after that
date.
(2) The amendments made by subsection (c) shall
take effect December 31, 2004, except that the repeal of
section 308g of title 37, United States Code, shall take
effect on the date of the enactment of this Act.
(3) In the case of a member of the Armed Forces
who, on or before December 31, 2004, reenlisted, volun-
tarily extended the enlistment of the member, or enlisted
in a reserve component of the Armed Forces, section 308b,
308c, 308h, or 308i of title 37, United States Code, which-
ever applies to the member, and as in effect on December
31, 2004, shall continue to apply with respect to the pay-
ment of a bonus under such section to the member.
(e) LIMITATION
ON FISCAL YEAR 2005 OBLIGA-
TIONS.—During fiscal year 2005, obligations incurred
under sections 308 and 309 of title 37, United States
Code, to provide reenlistment and enlistment bonuses to
members of the uniformed services using the expanded au-
thority provided by the amendments made by subsections
(a) and (b) may not exceed $20,000,000. The bonus au-
thority available under such sections shall not be consid-
ered to be an expanded authority to the extent that the
246
authority was available under a provision of law specified
in subsection (c), before the repeal of the provision by such
subsection.
SEC. 616. REVISION OF AUTHORITY TO PROVIDE FOREIGN
LANGUAGE PROFICIENCY PAY.
(a) IN GENERAL.—(1) Section 316 of title 37, United
States Code, is amended to read as follows:
‘‘§ 316. Special pay: bonus for members with foreign
language proficiency
‘‘(a) BONUS
AUTHORIZED.—The Secretary con-
cerned may pay an annual bonus under this section to a
member of the uniformed services who—
‘‘(1) is qualified in a uniformed services spe-
cialty requiring proficiency in a foreign language
identified by the Secretary concerned as a foreign
language in which it is necessary to have personnel
proficient because of national defense or public
health considerations;
‘‘(2) received training, under regulations pre-
scribed by the Secretary concerned, designed to de-
velop a proficiency in such a foreign language;
‘‘(3) is assigned to duties requiring a pro-
ficiency in such a foreign language; or
247
‘‘(4) is proficient in a foreign language for
which the uniformed service may have a critical
need, as determined by the Secretary concerned.
‘‘(b) CERTIFICATION OF PROFICIENCY.—Except as
provided in subsection (e), for a member described in sub-
section (a) to be eligible to receive or retain a bonus under
this section, the Secretary concerned shall certify the
member as being proficient in the foreign language for
which bonus is offered.
‘‘(c) DURATION OF CERTIFICATION.—Except as pro-
vided in subsection (e), the certification of a member as
being proficient in a foreign language for purposes of re-
ceipt of a bonus under this section shall expire at the end
of the 12-month period beginning on the first day of the
first month beginning on or after the certification date.
‘‘(d) BONUS AMOUNT; PAYMENT METHOD.—The
maximum amount of the bonus paid under this section
to a member may not exceed $12,000 for the 12-month
period covered by the certification of the member. The
Secretary concerned may pay the bonus in a single lump
sum at the beginning of the certification period or in in-
stallments.
‘‘(e) CERTIFICATION
INTERRUPTED
BY
CONTIN-
GENCY OPERATION.—(1) The Secretary concerned may
waive the certification requirement under subsection (b)
248
and pay a bonus under this section to a member described
in subsection (a) who was previously certified in a foreign
language, but whose certification expired under subsection
(c), if—
‘‘(A) the member is assigned to duty in connec-
tion with a contingency operation; and
‘‘(B) the Secretary concerned determines that
the member is unable to schedule or complete the
certification required by subsection (b) because of
that assignment.
‘‘(2) For purposes of determining the amount of a
bonus to be paid to a member under the authority of this
subsection, the Secretary concerned shall treat the date
on which the member was assigned to duty in connection
with the contingency operation as equivalent to a certifi-
cation date. In the case of a member whose certification
expires during such duty assignment, the Secretary shall
commence the next 12-month period effective as of the
date on which the prior certification period expired.
‘‘(3) A member who receives a bonus under the au-
thority of this subsection shall complete the certification
required by subsection (b) for the foreign language for
which the bonus was paid not later than the end of the
180-day period beginning on the date on which the mem-
ber is released from the assignment in connection with the
249
contingency operation. The Secretary concerned may ex-
tend that period for a member in accordance with regula-
tions prescribed under subsection (h). If the member fails
to obtain the required certification before the end of the
authorized period, the Secretary concerned may require
the member to repay all or a portion of the bonus, in the
manner provided in subsection (g).
‘‘(f) RELATIONSHIP
TO OTHER PAY
OR ALLOW-
ANCE.—A bonus under this section is in addition to any
other pay or allowance payable to a member under any
other provision of law.
‘‘(g) REPAYMENT
OF BONUS.—(1) The Secretary
concerned may require a member who receives a bonus
under this section, but who does not satisfy an eligibility
requirement specified in subsection (a) for the entire cer-
tification period, to repay to the United States an amount
which bears the same ratio to the total amount of the
bonus paid to the member as the unsatisfied portion of
the certification period bears to the entire certification pe-
riod.
‘‘(2) An obligation to repay the United States im-
posed under paragraph (1) is for all purposes a debt owed
to the United States. A discharge in bankruptcy under
title 11 that is entered for the member less than five years
after the expiration of the certification period does not dis-
250
charge the member from a debt arising under this para-
graph. This paragraph applies to any case commenced
under title 11 after the date of the enactment of this sec-
tion.
‘‘(h) REGULATIONS.—This section shall be adminis-
tered under regulations prescribed by the Secretary of De-
fense for the armed forces under the jurisdiction of the
Secretary, by the Secretary of Homeland Security for the
Coast Guard when the Coast Guard is not operating as
a service in the Navy, by the Secretary of Health and
Human Services for the Commissioned Corps of the Public
Health Service, and by the Secretary of Commerce for the
National Oceanic and Atmospheric Administration.’’.
(2) The table of sections at the beginning of chapter
5 of such title is amended by striking the item relating
to section 316 and inserting the following new item:
‘‘316. Special pay: bonus for members with foreign language proficiency.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 316a
of title 37, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
5 of such title is amended by striking the item relating
to section 316a.
251
SEC. 617. ELIGIBILITY OF RESERVE COMPONENT MEMBERS
FOR CRITICAL SKILLS RETENTION BONUS
AND EXPANSION OF AUTHORITY TO PROVIDE
BONUS.
(a) INCLUSION
OF RESERVE COMPONENT MEM-
BERS.—Section 323 of title 37, United States Code, is
amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by striking ‘‘who is serving on active duty and’’
by inserting ‘‘who is serving on active duty in
a regular component or in an active status in
a reserve component and who’’; and
(B) in paragraph (1), by inserting ‘‘, or re-
main in an active status in a reserve compo-
nent,’’ after ‘‘remain on active duty’’;
(2) in subsection (e)(2), by inserting ‘‘or service
in a reserve component’’ after ‘‘period of active
duty’’; and
(3) in subsection (g), by striking ‘‘active duty’’
and inserting ‘‘service’’.
(b) INCLUSION OF MEMBERS SERVING PURSUANT TO
INDEFINITE REENLISTMENT.—Subsection (a) of such sec-
tion is further amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1);
252
(2) in paragraph (2)—
(A) by inserting ‘‘other than an enlisted
member referred to in paragraph (3),’’ after
‘‘enlisted member,’’; and
(B) by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(3) in the case of an enlisted member serving
pursuant to an indefinite reenlistment, the member
executes a written agreement to remain on active
duty, or remain in an active status in a reserve com-
ponent, for a period of at least one year.’’.
(c) ADDITIONAL CRITERIA FOR BONUS.—Such sec-
tion is further amended—
(1) in subsection (a), by striking ‘‘designated
critical military skill’’ and inserting ‘‘critical military
skill designated under subsection (b) or satisfies
such other criteria for the bonus established under
such subsection’’;
(2) in subsection (b)—
(A) by striking ‘‘DESIGNATION OF CRIT-
ICAL SKILLS.—’’ and inserting ‘‘BASIS
FOR
BONUS.—(1)’’; and
253
(B) by adding at the end the following new
paragraph:
‘‘(2) The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, may establish
such other criteria as the Secretary considers appropriate
under which a retention bonus will be provided to an offi-
cer or enlisted member of the armed forces under sub-
section (a).’’; and
(3) in subsection (h)(1), by striking ‘‘qualified
in the critical military skills for which the bonuses
were offered’’ and inserting ‘‘who were offered the
bonuses’’.
(d) REPEAL OF SEPARATE SPECIAL AND INCENTIVE
PAY AUTHORITIES
FOR RESERVE COMPONENTS.—(1)
Sections 302g, 308d, and 308e of such title are repealed.
(2) In the case of a member of the Armed Forces
who, on or before December 31, 2004, entered into a writ-
ten agreement under section 302g or 308e of title 37,
United States Code, such section 302g or 308e, whichever
applies to the member, and as in effect on December 31,
2004, shall continue to apply after that date with respect
to the payment of special pay under such section to the
member during the term of the agreement.
254
(e) CLERICAL AMENDMENTS.—(1) The heading of
section 323 of such title is amended to read as follows:
‘‘§ 323 Special pay: retention incentives for members
qualified in a critical military skill or
who satisfy other eligibility criteria’’.
(2) The table of sections at the beginning of chapter
5 of such title is amended—
(A) by striking the items relating to sections
302g, 308d, and 308e; and
(B) by striking the item relating to section 323
and inserting the following new item:
‘‘323. Special pay: retention incentives for members qualified in a critical mili-
tary skill or who satisfy other eligibility criteria.’’.
(f) EFFECTIVE DATE.—(1) Except as provided by
paragraph (2), the amendments made by this section shall
take effect October 1, 2004, and the amendments made
by subsections (a), (b), and (c) shall apply to agreements,
reenlistments, and the voluntary extension of enlistments
referred to in section 323(a) of title 37, United States
Code, entered into on or after that date.
(2) The amendments made by subsections (d)(1) and
(e)(2)(A) shall take effect December 31, 2004.
(g) LIMITATION
ON FISCAL YEAR 2005 OBLIGA-
TIONS.—During fiscal year 2005, obligations incurred
under section 323 of title 37, United States Code, to pro-
vide retention bonuses to members of the uniformed serv-
255
ices using the expanded authority provided by the amend-
ments made by subsections (a), (b), and (c) may not ex-
ceed $10,000,000. The bonus authority available under
such section shall not be considered to be an expanded
authority to the extent that the authority was available
under a provision of law specified in subsection (d), before
the repeal of the provision by such subsection.
SEC. 618. ELIGIBILITY OF NEW RESERVE COMPONENT OF-
FICERS FOR ACCESSION OR AFFILIATION
BONUS FOR OFFICERS IN CRITICAL SKILLS.
(a) ELIGIBILITY.—Subsection (a) of section 324 of
title 37, United States Code, is amended to read as fol-
lows:
‘‘(a) BONUS AUTHORIZED.—(1) The Secretary con-
cerned may pay a bonus under this section—
‘‘(A) to a person who executes a written agree-
ment to accept a commission or an appointment as
an officer of armed forces and serve on active duty
in a designated critical officer skill or serve in a re-
serve component of an armed force in a designated
critical officer skill; or
‘‘(B) to an officer of an armed force, including
a warrant officer, but excluding an officer who has
previously served in the Selected Reserve or an offi-
cer who is entitled to retired pay, who executes a
256
written agreement to serve in a reserve component
of an armed force in a designated critical officer
skill after being discharged or released from active
duty under honorable conditions, once the officer af-
filiates with a unit or position in the reserve compo-
nent.
‘‘(2) The written agreement under paragraph (1) be-
tween the Secretary concerned and a person or officer
shall specify the period during which the person or officer
will be required to serve in a designated critical officer
skill to maintain entitlement to the bonus payment.’’.
(b) AMOUNT OF BONUS.—Subsection (c) of such sec-
tion is amended to read as follows:
‘‘(c) AMOUNT OF BONUS.—The Secretary concerned
shall determine the amount of a bonus to be paid under
subsection (a), except that a person may not receive a total
of more than $60,000 in payments under this section’’.
(c) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in subsection (d), by striking ‘‘accession’’
both places it appears;
(2) in subsection (e)—
(A) in the subsection heading, by striking
‘‘ACCESSION’’; and
257
(B) by striking ‘‘an accession bonus’’ and
inserting ‘‘a bonus’’; and
(3) in subsection (f), by striking ‘‘active duty’’
and ‘‘accession’’ each place it appears.
(d) CLERICAL AMENDMENTS.—(1) The heading of
section 324 of such title is amended to read as follows:
‘‘§ 324. Special pay: accession or affiliation bonus for
officers in designated critical skills’’.
(2) The table of sections at the beginning of chapter
5 of such title is amended by striking the item relating
to section 324 and inserting the following new item:
‘‘324. Special pay: accession or affiliation bonus for officers in designated crit-
ical skills.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect October 1, 2004, and apply
to agreements referred to in section 324(a) of title 37,
United States Code entered into on or after that date.
(f) LIMITATION
ON FISCAL YEAR 2005 OBLIGA-
TIONS.—During fiscal year 2005, obligations incurred
under section 324 of title 37, United States Code, as
amended by subsections (a) and (b), to provide accession
and affilliation bonuses to members of the Armed Forces
not previously eligible for such a bonus under such section
may not exceed $5,000,000.
258
SEC. 619. ELIGIBILITY OF RESERVE COMPONENT MEMBERS
FOR INCENTIVE BONUS FOR CONVERSION TO
MILITARY 
OCCUPATIONAL 
SPECIALTY 
TO
EASE PERSONNEL SHORTAGE.
(a) ELIGIBILITY.—Section 326 of title 37, United
States Code, is amended—
(1) in subsection (a), by inserting ‘‘of a regular
or reserve component’’ after ‘‘an eligible member’’;
(2) in subsection (b)—
(A) by striking ‘‘if—’’ and all that follows
through ‘‘at the time’’ and inserting ‘‘if, at the
time’’; and
(B) by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively;
and
(3) in subsection (c)(2), by inserting ‘‘regular
or reserve component of the’’ after ‘‘chief personnel
officer of the’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect October 1, 2004, and apply
to agreements referred to in section 326(a) of title 37,
United States Code, entered into on or after that date.
(c) LIMITATION
ON FISCAL YEAR 2005 OBLIGA-
TIONS.—During fiscal year 2005, obligations incurred
under section 326 of title 37, United States Code, as
amended by subsection (a), to provide incentive bonuses
259
to members of a reserve component of the Armed Forces
may not exceed $3,000,000.
SEC. 620. AVAILABILITY OF HAZARDOUS DUTY INCENTIVE
PAY FOR MILITARY FIREFIGHTERS.
(a) ADDITIONAL TYPE
OF DUTY ENTITLED
TO
PAY.—Subsection (a) of section 301 of title 37, United
States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(12);
(2) by redesignating paragraph (13) as para-
graph (14); and
(3) by inserting after paragraph (12) the fol-
lowing new paragraph:
‘‘(13) involving regular participating as a fire-
fighting crew member, as determined by the Sec-
retary concerned; or’’.’’.
(b) MONTHLY AMOUNT OF PAY.—Subsection (c) of
such section is amended—
(1) in paragraph (1), by striking ‘‘(12)’’ and in-
serting ‘‘(13)’’; and
(2) in paragraph (2)(A), by striking ‘‘(13)’’ and
inserting ‘‘(14)’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) and (b) shall take effect October 1, 2004.
282
ing when the assessment is undertaken as a result of the
closure or realignment of a military installation under a
base closure law.
‘‘(d) CONGRESSIONAL NOTIFICATION.—The closure
of a commissary store shall not take effect until the end
of the 90-day period beginning on the date on which the
Secretary of Defense submits to Congress written notice
of the reasons supporting the closure. The written notice
shall include an assessment of the impact closure will have
on the quality of life for military patrons and the welfare
and security of the military community in which the com-
missary is located.’’;
(4) by inserting sections 2483 and 2484, as re-
designated by paragraph (2), after section 2482, as
added by paragraph (3);
(5) in section 2484, as redesignated by para-
graph (2)—
(A) by striking subsections (a), (b), (c),
and (g);
(B) by redesignating subsections (d), (e),
and (f) as subsections (f), (g), and (h), respec-
tively;
(C) by inserting before subsection (f), as so
redesignated, the following new subsections:
363
bility for the mission of the existing system. This section
does not apply to a major defense acquisition that reaches
initial operational capability before October 1, 2008.
‘‘(2) In this section, the term ‘‘defense acquisition au-
thority’’ means the Secretary of a military department or
the commander of the United States Special Operations
Command.
‘‘(b) SUSTAINMENT AND MODERNIZATION PLAN.—
The Secretary of Defense shall require that each
sustainment and modernization plan under this section in-
clude, at a minimum, the following:
‘‘(1) The milestone schedule for the develop-
ment of the major defense acquisition program, in-
cluding low-rate initial production, initial operational
capability, full-rate production, full operational capa-
bility, and the date when the replacement system as-
sumes the majority responsibility for the mission of
the existing system.
‘‘(2) An analysis of the existing system to de-
termine the following:
‘‘(A) A sustainment plan and budget re-
quirements necessary to provide service life ex-
tension to the existing system at acceptable reli-
ability and availability rates.