(3) by striking subparagraphs (C), (D), and 
(E). 
(g) OFFICER ACTIVE-DUTY LIST, APPLICABILITY OF 
CHAPTER.—Paragraph (1) of section 641 of such title 10, 
United States Code, is amended—
(1) by inserting ‘‘or’’ after the semicolon at the 
end of subparagraph (A); 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) on active duty or full-time National 
Guard duty as authorized under section 
115(a)(1)(B) or (b) of this title.’’; and 
(3) by striking subparagraphs (C), (D), (E), 
(F), (G), and (H). 
(h) STRENGTH ACCOUNTING FOR MEMBERS PER-
FORMING DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES.—Section 112 of title 32, United States Code, 
is amended—
(1) by amending subsection (e) to read as fol-
lows: 
‘‘(e) STRENGTH ACCOUNTING.—Members of the Na-
tional Guard on active duty or full-time National Guard 
duty for the purposes of administering this section shall 
be accounted for under section 115(b) of title 10.’’; and
(2) in subsection (f)(1), by striking ‘‘for a pe-
riod of more than 180 days’’ each place it appears. 
SEC. 526. WAIVE REQUIREMENT THAT RESERVE CHIEFS 
AND NATIONAL GUARD DIRECTORS MUST 
HAVE SIGNIFICANT JOINT DUTY EXPERI-
ENCE. 
(a) CHIEF OF ARMY RESERVE.—Section 3038(b)(4) 
of title 10, United States Code, is amended by striking 
‘‘Until December 31, 2004, the’’ and inserting ‘‘The’’. 
(b) CHIEF OF NAVAL RESERVE.—Section 5143(b)(4) 
of such title is amended by striking ‘‘Until December 31, 
2004, the’’ and inserting ‘‘The’’. 
(c) COMMANDER MARINE FORCES RESERVE.—Sec-
tion 5144(b)(4) of such title is amended by striking ‘‘Until 
December 31, 2004, the’’ and inserting ‘‘The’’. 
(d) CHIEF
OF
AIR
FORCE
RESERVE.—Section 
8038(b)(4) of such title is amended by striking ‘‘Until De-
cember 31, 2004, the’’ and inserting ‘‘The’’. 
(e) DIRECTOR, ARMY NATIONAL GUARD AND DIREC-
TOR, AIR NATIONAL GUARD.—Section 10506(a)(3)(D) of 
such title is amended by striking ‘‘Until December 31, 
2004, the’’ and inserting ‘‘The’’.
SEC. 527. EXTENDING AGE LIMITS FOR RESERVE AND NA-
TIONAL GUARD GENERAL AND FLAG OFFI-
CERS. 
(a) MAXIMUM AGE FOR RESERVE COMPONENT GEN-
ERAL AND FLAG OFFICERS.—(1) Section 14511 of title 
10, United States Code, is amended to read as follows: 
‘‘§ 14511. Separation at age 68: reserve officers in 
grades above colonel or Navy captain 
‘‘(a) MAXIMUM AGE.—Unless retired, transferred to 
the Retired Reserve, or discharged at an earlier date, each 
reserve officer of the Army, Air Force, or Marine Corps 
in a grade above colonel and each reserve officer of the 
Navy in a grade above captain shall be separated in ac-
cordance with section 14515 of this title on the last day 
of the month in the month in which the officer becomes 
68 years of age. 
‘‘(b) RETENTION
BEYOND
AGE
68.—Notwith-
standing subsection (a), the Secretary of Defense may 
defer the retirement of a reserve officer serving in a grade 
above colonel in the case of the Army, Air Force, or Ma-
rine Corps, or a reserve officer serving in a grade above 
captain in the case of the Navy, but such a deferment may 
not extend beyond the last day of the month following the 
month in which the officer becomes 72 years of age.’’. 
(2) Sections 14510 and 14512 of such title are re-
pealed.
(b) REPEAL YEARS OF SERVICE REQUIREMENT FOR 
RESERVE COMPONENT GENERAL AND FLAG OFFICER.—
Section 14508 of such title is repealed. 
(c) ELIMINATION OF TERM LIMITATION FOR RE-
SERVE COMPONENT GENERAL AND FLAG OFFICER POSI-
TIONS.—(1) Section 10502 of such title is amended—
(A) by striking subsection (b); and 
(B) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively. 
(2) Subsection (a) of section 10505 of such title is 
amended—
(A) by striking paragraph (3); and 
(B) by redesignating paragraph (4) as para-
graph (3). 
(3) Subsection (c) of section 3038 of such title is 
amended to read as follows: 
‘‘(c) GRADE.—The Chief of Army Reserve, while so 
serving, holds the grade of lieutenant general.’’. 
(4) Subsection (c) of section 5143 of such title is 
amended to read as follows: 
‘‘(c) GRADE.—The Chief of Naval Reserve, while so 
serving, holds the grade of vice admiral.’’. 
(5) Subsection (c) of section 5144 of such title is 
amended to read as follows:
‘‘(c) GRADE.—The Commander, Marine Forces Re-
serve, while so serving, holds the grade of lieutenant gen-
eral.’’. 
(6) Subsection (c) of section 8038 of such title is 
amended to read as follows: 
‘‘(c) GRADE.—(1) The Chief of Air Force Reserve, 
while so serving, holds the grade of lieutenant general.’’. 
(7) Paragraph (3) of section 10506(a) of such title 
is amended by striking subparagraph (E). 
(d) CONFORMING AMENDMENTS.—(1) Section 10214 
of such title is amended by striking ‘‘sections 12004(b)(1), 
12215, 12642(c), 14507(b), 14508(e), and 14512’’ and 
inserting ‘‘sections 12004(b)(1), 12215, 12642(c), and 
14507(b)’’. 
(2) Section 14514 of such title is amended by striking 
‘‘section 14507, 14508, 14704, or 14705’’ and inserting 
‘‘section 14507, 14704, or 14705’’. 
(3) Section 14515 of such title is amended by striking 
‘‘section 14509, 14510, 14511, or 14512’’ and inserting 
‘‘section 14509 or 14511’’. 
(4) Section 14702 of such title is amended by striking 
‘‘section 14506, 14507, or 14508’’ and inserting ‘‘section 
14506 or 14507’’. 
(5) Section 14705 of such title is repealed.
(6) The table of sections at the beginning of chapter 
1407 of such title is amended—
(A) by amending the item relating to section 
14511 to read as follows:
‘‘14511. Separation at age 68: reserve officers in grades above colonel or Navy 
captain’’;
and 
(B) by striking the items relating to sections 
14508, 14510, and 14512. 
(7) Subsection (a) of section 324 of title 32, United 
States Code, is amended by striking ‘‘An officer’’ and in-
serting ‘‘Except as provided in section 14511 of title 10, 
an officer’’. 
SEC. 528. EXPANDED USE OF RESERVE COMPONENT MEM-
BERS TO PERFORM DEVELOPMENTAL TEST-
ING AND NEW EQUIPMENT TRAINING. 
(a) REIMBURSEMENT.—The Secretary of the Army 
may transfer from funds available to support an acquisi-
tion program the amount necessary to reimburse the ap-
propriate reserve component military personnel account 
for costs charged that account for military pay and allow-
ances in connection with the demonstration program de-
scribed in subsection (b). 
(b) DEMONSTRATION PROGRAM.—(1) A demonstra-
tion program under this section shall evaluate—
(A) cost savings and other benefits that may re-
sult from the use of members of the reserve compo-
nents to perform test, evaluation, and related activi-
ties for an acquisition program, rather than the use 
of contractor personnel for such purposes; and 
(B) the use of appropriations available for 
multi-year research, development, testing and eval-
uation and procurement to reimburse reserve compo-
nents for the pay, allowances, and expenses incurred 
when such members perform duties to conduct ac-
quisition, logistics, and new equipment training ac-
tivities in connection with the demonstration pro-
gram. 
(2) Nothing in this section authorizes a deviation 
from established Reserve and National Guard personnel 
and training procedures. 
(c) LIMITATION
ON
AMOUNT.—Not more than 
$10,000,000 may be transferred under this section during 
each year of the demonstration program. 
(d) MERGER
OF TRANSFERRED FUNDS.—Funds 
transferred to an account under this section shall be 
merged with other sums in the account and shall be avail-
able for the same period and purposes as the sums with 
which merged.
(e) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority under this section is in addi-
tion to any other transfer authority. 
(f) TERMINATION.—The demonstration program 
under this section shall terminate on September 30, 2009.
Subtitle C—ROTC and Military 
Service Academies 
SEC. 531. INSTITUTIONS OF HIGHER EDUCATION THAT 
PREVENT ROTC ACCESS OR MILITARY RE-
CRUITING ON CAMPUS; EQUAL TREATMENT 
WITH OTHER EMPLOYERS. 
Section 983(b)(1) of title 10, United States Code, is 
amended by striking ‘‘; or’’ at the end and inserting ‘‘, 
that is at least equal in quality and scope to that provided 
to any other employer; or’’. 
SEC. 532. BOARD OF VISITORS; UNITED STATES AIR FORCE 
ACADEMY; UNITED STATES MILITARY ACAD-
EMY; UNITED STATES NAVAL ACADEMY. 
(a) 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 of—
‘‘(1) two members of the Senate designated by 
the Vice President or the President pro tempore of 
the Senate; 
‘‘(2) one person, who is not a member of the 
Senate, as designated by the Vice President or the 
President pro tempore of the Senate; 
‘‘(3) three members of the House of Represent-
atives designated by the Speaker of the House of 
Representatives; 
‘‘(4) one person, who is not a member of the 
House of Representatives, designated by the Speaker 
of the House of Representatives; and 
‘‘(5) eight persons designated by the President, 
or his designee. 
‘‘(b) All Board members will pledge full participation 
in executing their responsibilities to the Board. The per-
sons designated by the President serve for three years 
each except that any member whose term of office has ex-
pired shall continue to serve until his successor is ap-
pointed. The President shall designate replacement mem-
bers each year to succeed the members appointed by the 
President whose terms expire that year. At least two per-
sons designated by the President shall be graduates of the 
Air Force Academy.
‘‘(c) If a member of the Board dies or resigns, a suc-
cessor shall be designated for the unexpired portion of the 
term by the official who designated the member. If a mem-
ber fails to attend or fully participate in two successive 
Board meetings, Board membership will be automatically 
terminated, unless granted prior excusal from those meet-
ings, for good cause, by the Board Chairman. 
‘‘(d) When possible, the Board should meet at least 
four times a year, with at least two of those meetings at 
the Academy. The Board or its members may make other 
visits to the Academy in connection with the duties of the 
Board. 
‘‘(e) Board meetings should last at least one full day. 
The Board shall inquire into the morale, discipline, and 
social climate, the curriculum, instruction, physical equip-
ment, fiscal affairs, academic methods, and other matters 
relating to the Academy which the Board decides to con-
sider and receive candid and complete disclosure, con-
sistent with applicable laws concerning disclosure of infor-
mation, by the Secretary of the Air Force and Academy 
Superintendent of all institutional problems, and to rec-
ommend appropriate action. Board members shall have 
unfettered access to Academy grounds and cadets. 
‘‘(f) Within 30 days after any meeting, the Board 
shall submit a written report to the Secretary of Defense,
through the Secretary of the Air Force, with its views and 
recommendations pertaining to the Academy. 
‘‘(g) Upon approval by the Secretary, the Board may 
call in advisers for consultation. 
‘‘(h) While performing duties, each member of the 
Board and each adviser shall be reimbursed under Govern-
ment travel regulations for travel expenses.’’. 
(b) UNITED STATES MILITARY ACADEMY.—Section 
4355 of such title is amended to read as follows: 
‘‘§ 4355. Board of Visitors 
‘‘(a) A Board of Visitors to the Academy is con-
stituted annually of—
‘‘(1) two members of the Senate designated by 
the Vice President or the President pro tempore of 
the Senate; 
‘‘(2) one person, who is not a member of the 
Senate, as designated by the Vice President or the 
President pro tempore of the Senate; 
‘‘(3) three members of the House of Represent-
atives designated by the Speaker of the House of 
Representatives; 
‘‘(4) one person, who is not a member of the 
House of Representatives, designated by the Speaker 
of the House of Representatives; and
‘‘(5) eight persons designated by the President, 
or his designee. 
‘‘(b) All Board members will pledge full participation 
in executing their responsibilities to the Board. The per-
sons designated by the President serve for three years 
each except that any member whose term of office has ex-
pired shall continue to serve until his successor is ap-
pointed. The President shall designate replacement mem-
bers each year to succeed the members appointed by the 
President whose terms expire that year. At least two per-
sons designated by the President shall be graduates of the 
United States Military Academy. 
‘‘(c) If a member of the Board dies or resigns, a suc-
cessor shall be designated for the unexpired portion of the 
term by the official who designated the member. If a mem-
ber fails to attend or fully participate in two successive 
Board meetings, Board membership will be automatically 
terminated, unless granted prior excusal from those meet-
ings, for good cause, by the Board Chairman. 
‘‘(d) When possible, the Board should meet at least 
four times a year, with at least two of those meetings at 
the Academy. The Board or its members may make other 
visits to the Academy in connection with the duties of the 
Board.
‘‘(e) Board meetings should last at least one full day. 
The Board shall inquire into the morale, discipline, and 
social climate, the curriculum, instruction, physical equip-
ment, fiscal affairs, academic methods, and other matters 
relating to the Academy which the Board decides to con-
sider and receive candid and complete disclosure, con-
sistent with applicable laws concerning disclosure of infor-
mation, by the Secretary of the Army and Academy Super-
intendent of all institutional problems, and to recommend 
appropriate action. Board members shall have unfettered 
access to Academy grounds and cadets. 
‘‘(f) Within 30 days after any meeting, the Board 
shall submit a written report to the Secretary of Defense, 
through the Secretary of the Army, with its views and rec-
ommendations pertaining to the Academy. 
‘‘(g) Upon approval by the Secretary, the Board may 
call in advisers for consultation. 
‘‘(h) While performing duties, each member of the 
Board and each adviser shall be reimbursed under Govern-
ment travel regulations for travel expenses.’’. 
(c) UNITED
STATES
NAVAL
ACADEMY.—Section 
6968 of such title is amended to read as follows: 
‘‘§ 6968. Board of Visitors 
‘‘(a) A Board of Visitors to the Naval Academy is 
constituted annually of—
‘‘(1) two members of the Senate designated by 
the Vice President or the President pro tempore of 
the Senate; 
‘‘(2) one person, who is not a member of the 
Senate, as designated by the Vice President or the 
President pro tempore of the Senate; 
‘‘(3) three members of the House of Represent-
atives designated by the Speaker of the House of 
Representatives; 
‘‘(4) one person, who is not a member of the 
House of Representatives, designated by the Speaker 
of the House of Representatives; and 
‘‘(5) eight persons designated by the President, 
or his designee. 
‘‘(b) All Board members will pledge full participation 
in executing their responsibilities to the Board. The per-
sons designated by the President serve for three years 
each except that any member whose term of office has ex-
pired shall continue to serve until his successor is ap-
pointed. The President shall designate replacement mem-
bers each year to succeed the members appointed by the 
President whose terms expire that year. At least two per-
sons designated by the President shall be graduates of the 
United States Naval Academy.
‘‘(c) If a member of the Board dies or resigns, a suc-
cessor shall be designated for the unexpired portion of the 
term by the official who designated the member. If a mem-
ber fails to attend or fully participate in two successive 
Board meetings, Board membership will be automatically 
terminated, unless granted prior excusal from those meet-
ings, for good cause, by the Board Chairman.
‘‘(d) When possible, the Board should meet at least 
four times a year, with at least two of those meetings at 
the Academy. The Board or its members may make other 
visits to the Academy in connection with the duties of the 
Board. 
‘‘(e) Board meetings should last at least one full day. 
The Board shall inquire into the morale, discipline, and 
social climate, the curriculum, instruction, physical equip-
ment, fiscal affairs, academic methods, and other matters 
relating to the Academy which the Board decides to con-
sider and receive candid and complete disclosure, con-
sistent with applicable laws concerning disclosure of infor-
mation, by the Secretary of the Navy and Academy Super-
intendent of all institutional problems, and to recommend 
appropriate action. Board members shall have unfettered 
access to Academy grounds and cadets. 
‘‘(f) Within 30 days after any meeting, the Board 
shall submit a written report to the Secretary of Defense,
through the Secretary of the Navy, with its views and rec-
ommendations pertaining to the Academy. 
‘‘(g) Upon approval by the Secretary, the Board may 
call in advisers for consultation. 
‘‘(h) While performing duties, each member of the 
Board and each adviser shall be reimbursed under Govern-
ment travel regulations for travel expenses.’’. 
SEC. 533. DEAN OF THE FACULTY; DEAN OF ACADEMIC 
BOARD. 
(a) UNITED STATES AIR FORCE ACADEMY.—Section 
9335 of title 10, United States Code, is amended to read 
as follows: 
‘‘§ 9335. Dean of the Faculty 
‘‘(a) There shall be a Dean of the Faculty at the 
Academy responsible to the Superintendent for developing 
and sustaining the curriculum and overseeing the faculty. 
Notwithstanding any other provision in law, the qualifica-
tions, selection procedures, training, retention, and deter-
minations of appropriate pay grade of the Dean of Faculty 
shall be prescribed by the Secretary of the Air Force. Can-
didates for Dean of Faculty shall be serving officers or 
retired or former officers with terminal degrees. The Dean 
may be either a military officer or a civilian. 
‘‘(b) While serving as Dean of the Faculty, an officer 
incumbent who holds a grade lower than brigadier general
shall hold the grade of brigadier general, if appointed to 
that grade by the President, by and with the advice and 
consent of the Senate. The retirement age of an officer 
so appointed is that of a permanent professor of the Acad-
emy. An officer so appointed is counted for purposes of 
the limitation in section 526(a) of this title on general offi-
cers of the Air Force on active duty. A civilian incumbent 
will be designated as a member of the Senior Executive 
Service.’’. 
(b) UNITED STATES MILITARY ACADEMY.—Section 
4335 of such title is amended to read as follows:–
‘‘§ 4335. Dean of Academic Board 
‘‘(a) There shall be a Dean of the Academic Board 
at the Academy responsible to the Superintendent for de-
veloping and sustaining the curriculum and overseeing the 
faculty. Notwithstanding any other provision in law, the 
qualifications, selection procedures, training, retention, 
and determinations of appropriate pay grade of the Dean 
of the Academic Board shall be prescribed by the Sec-
retary of the Army. Candidates for Dean of Faculty shall 
be serving officers or retired or former officers with ter-
minal degrees. The Dean may be either a military officer 
or a civilian. 
‘‘(b) While serving as Dean of the Academic Board, 
an officer incumbent who holds a grade lower than briga-
dier general shall hold the grade of brigadier general, if 
appointed to that grade by the President, by and with the 
advice and consent of the Senate. The retirement age of 
an officer so appointed is that of a permanent professor 
of the Academy. An officer so appointed is counted for 
purposes of the limitation in section 526(a) of this title 
on general officers of the Army on active duty. A civilian 
incumbent will be designated as a member of the Senior 
Executive Service.’’. 
SEC. 534. REPEAL OF REQUIREMENT THAT MILITARY 
ACADEMY SUPERINTENDENTS RETIRE AFTER 
ASSIGNMENT. 
(a) REPEAL.—Sections 3921, 4333a, 6371, 6951a, 
8921 and 9333a of title 10, United States Code, are re-
pealed. 
(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 by striking the 
item relating to section 4333a. 
(3) The table of sections at the beginning of 
chapter 573 of such title is amended by striking the 
item relating to section 6371.
(4) The table of sections at the beginning of 
chapter 603 of such title is amended by striking the 
item relating to section 6951a. 
(5) The table of sections at the beginning of 
chapter 867 of such title is amended by striking the 
item relating to section 8921. 
(6) The table of sections at the beginning of 
chapter 903 of such title is amended by striking the 
item relating to section 9333a. 
Subtitle D—Other Military 
Education and Training Matters 
SEC. 541. EDUCATION LOAN REPAYMENTS FOR HEALTH 
PROFESSIONS OFFICERS OF THE RESERVE 
COMPONENTS. 
Section 16302(a)(5) of title 10, United States Code, 
is amended by inserting ‘‘a basic professional qualifying 
degree (as determined under regulations issued by the 
Secretary of Defense) or graduate education in’’ after ‘‘re-
garding’’. 
SEC. 542. CONFERRAL OF DEGREES TO GRADUATES OF THE 
COMMUNITY COLLEGE OF THE AIR FORCE. 
(a) AUTHORITY
TO CONFER DEGREES.—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) Section 9317 of such title is amended—
(1) in the section heading, by striking ‘‘grad-
uate-level degrees’’ and inserting ‘‘graduate 
and associate-level degrees’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(2); 
(3) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(4) 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 AMENDMENT.—The table of sections 
at the beginning of chapter 901 of such title is amended 
by striking the item relating to section 9317 and inserting 
the following:
‘‘9317. Air University: graduate and associate-level degrees’’.
SEC. 543. THREE YEAR EDUCATIONAL LEAVE OF ABSENCE. 
Section 708(a) of title 10, United States Code, is 
amended by striking ‘‘two years’’ and inserting ‘‘three 
years’’. 
SEC. 544. LENGTH OF PHASE II JOINT PROFESSIONAL MILI-
TARY EDUCATION. 
Section 663 of title 10, United States Code, is 
amended by striking subsection (e). 
SEC. 545. CHANGING THE TITLES OF THE HEADS OF THE 
NAVAL POSTGRADUATE SCHOOL. 
(a) PRESIDENT
OF
THE NAVAL POSTGRADUATE 
SCHOOL.—(1) Section 7042 of title 10, United States 
Code, is amended—
(A) by striking ‘‘Superintendent’’ in the 
section heading and inserting ‘‘President’’; and 
(B) by striking ‘‘Superintendent’’ each place it 
appears and inserting ‘‘President’’; 
(2) Section 7044 of such title is amended by striking 
‘‘Superintendent’’ and inserting ‘‘President’’; 
(3) Subsection 7048(a) of such title is amended by 
striking ‘‘Superintendent’’ and inserting ‘‘President’’; and 
(4) Subsection 7049(e) of such title is amended by 
striking ‘‘Superintendent’’ and inserting ‘‘President’’. 
(b) PROVOST AND ACADEMIC DEAN.—(1) Section 
7043 of title 10, United States Code, is amended—
(A) by amending the section heading to read as 
follows: 
‘‘§ 7043. Provost and Academic Dean’’;
(B) by amending subsection (a) to read as fol-
lows: 
‘‘(a) There is at the Naval Postgraduate School the 
single civilian position of Provost and Academic Dean. The 
Provost 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 Post-
graduate School Board of Advisors and consideration of 
the recommendation of the leadership and faculty of the 
Naval Postgraduate School.’’; and 
(C) in subsection (b), by striking ‘‘Academic 
Dean’’ and inserting ‘‘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’’. 
(3) Section 7081(a) of title 10, United States Code, 
is amended by striking ‘‘Academic Dean’’ and inserting 
‘‘Provost and Academic Dean’’. 
(c) CLERICAL AMENDMENTS.—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.’’.
SEC. 546. NEW MISSION STATEMENT AND EXPANDED ELIGI-
BILITY FOR ENLISTED PERSONNEL AT THE 
NAVAL POSTGRADUATE SCHOOL. 
(a) COMBAT RELATED FOCUS OF THE NAVAL POST-
GRADUATE SCHOOL.—(1) Section 7041 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 7041. Function 
‘‘There is a United States Naval Postgraduate School 
that provides advanced instruction, and technical and pro-
fessional education to military members to enhance com-
bat effectiveness and our national security.’’. 
(2) Section 7042(b)(1) of such title is amended by 
striking ‘‘advanced instruction and technical education’’ 
and inserting ‘‘advanced instruction, and technical and 
professional education’’. 
(b) EXPANDED ELIGIBILITY FOR ENLISTED PER-
SONNEL.—Section 7045 of such title is amended—
(1) by striking ‘‘Officers of the armed 
forces; enlisted members’’ in the section head-
ing and inserting ‘‘Members of the other 
armed forces’’; 
(2) by striking ‘‘officers’’ each place it appears 
and inserting ‘‘members’’; and 
(3) in subsection (a)—
(A) by striking ‘‘(1)’’; and 
(B) by striking paragraph (2). 
(c) REIMBURSEMENT OF COSTS.—Subsection (b) of 
such section is amended—
(1) by striking paragraph (2); and 
(2) by redesignating paragraph (3) as para-
graph (2). 
(d) RECIPROCAL AGREEMENTS.—Section 7047 of 
such title is amended by striking ‘‘an officer’’ and insert-
ing ‘‘a member’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 605 of such title is amended 
by striking the item relating to section 7045 and inserting 
the following:
‘‘7045. Members of other armed forces: admission.’’
Subtitle E—Administrative Matters 
SEC. 551. ANNUAL REPORT TO CONGRESS CONCERNING 
JOINT OFFICER MANAGEMENT. 
Section 667 of title 10, United States Code, is 
amended to read as follows: 
‘‘§ 667. 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): 
‘‘(1) The number of joint specialty officers, re-
ported by grade and by branch or specialty. 
‘‘(2) An assessment of the extent to which the 
Secretary of each military department is assigning 
personnel to joint duty assignments in accordance 
with this chapter and the policies, procedures, and 
practices established by the Secretary of Defense 
under section 661(a) of this title. 
‘‘(3) The number of waivers granted under sec-
tion 619a(b)(1) of this title for officers in the grade 
of colonel or, in the case of the Navy, captain, for 
each of the years preceding the year in which the re-
port is submitted. 
‘‘(4) The officers whose service in joint duty as-
signments during the year covered by the report ter-
minated before the officers completed the full tour of 
duty in those assignments, expressed as a percent of 
the total number of officers in joint duty assign-
ments during that year. 
‘‘(5) The percentage of fill of student quotas for 
each course of the National Defense University for 
the year covered by the report.
(1) in subsection (b)(2), by striking ‘‘The Sec-
retary shall publish a list showing’’ and inserting 
‘‘The Secretary shall publish a Joint Duty Assign-
ment List that will show’’; and 
(2) in subsection (c), by striking ‘‘a tour of 
duty in which an officer serves in more than one 
joint duty assignment within the same organization 
without a break between such assignments shall be 
considered to be a single tour of duty in a joint duty 
assignment’’ and inserting ‘‘a single tour of duty for 
the purpose of awarding joint duty credit can be de-
fined as one in which the officer serves consecutive 
tours in joint duty assignment positions that award 
joint duty credit, or service as otherwise prescribed 
by the Secretary of Defense’’.
Subtitle F—Military Justice 
Matters 
SEC. 561. WAIVE TIME LOST WHEN A MEMBER IS ACQUIT-
TED, RELEASED WITHOUT TRIAL, OR HAS HIS 
CONVICTION SET-ASIDE OR REVERSED ON 
APPEAL. 
Section 972 of title 10, United States Code, is 
amended—
(1) in subsection (a)(3), by inserting ‘‘, unless 
the confinement is excused as unavoidable’’ after 
‘‘the trial’’; and 
(2) in subsection (b)(3), by inserting ‘‘, unless 
the confinement is excused as unavoidable’’ after 
‘‘the trial’’. 
SEC. 562. CHANGE IN UNIFORM CODE OF MILITARY JUS-
TICE RELATING TO BLOOD ALCOHOL CON-
CENTRATION. 
Subsection (b) of section 911 of title 10, United 
States Code, is amended by striking ‘‘0.10’’ in the two 
places it appears and inserting ‘‘0.08’’. 
Subtitle G—Benefits 
SEC. 571. IMMEDIATE LUMP SUM REIMBURSEMENT FOR 
UNUSUAL NONRECURRING EXPENSES OUT-
SIDE THE CONTINENTAL UNITED STATES. 
Section 405 of title 37, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) NONRECURRING EXPENSES.—In addition to the 
per diem paid under subsection (a), the Secretaries con-
cerned may reimburse members for actual nonrecurring 
expenses incurred incident to being on duty outside of the 
United States or in Hawaii or Alaska. The nonrecurring 
expenses which may be reimbursed are expenses directly
related to the conditions or location of the assignment ei-
ther of a nature or a magnitude not normally incurred 
by members assigned inside the continental United States 
and not included in the per diem paid under subsection 
(b).’’. 
SEC. 572. REPEAL OF REQUIREMENT TO PAY SUBSISTENCE 
CHARGES WHILE HOSPITALIZED. 
Section 1075 of title 10, United States Code, is re-
pealed. 
Subtitle H—Other Matters 
SEC. 581. ALTERNATE INITIAL MILITARY SERVICE OBLIGA-
TION 
FOR 
PERSONS 
WITH 
SPECIALIZED 
SKILLS. 
Subsection (a) of section 651 of title 10, United 
States Code, is amended to read as follows: 
‘‘(a)(1) Each person who becomes a member of an 
armed force, other than a person described in paragraph 
(2), shall serve in the armed forces for a total initial period 
of not less than six years nor more than eight years, as 
provided in regulations prescribed by the Secretary of De-
fense for the armed forces under his jurisdiction and by 
the Secretary of Homeland Security for the Coast Guard 
when it is not operating as a service in the Navy, unless 
such person is sooner discharged under such regulations 
because of personal hardship. Any part of such service
that is not active duty or that is active duty for training 
shall be performed in a reserve component. 
‘‘(2) A person is not subject to paragraph (1) if that 
person—
‘‘(A) is deferred under the next to the last sen-
tence of section 6(d)(1) of the Military Selective 
Service Act (50 U.S.C. App. 456(d)(1)); or 
‘‘(B) is accessed into the armed forces based on 
unique skills acquired in a civilian occupation, as de-
termined by the Secretary concerned, and will serve 
in a specialty requiring those skills.’’. 
SEC. 582. BASIC TRAINING REQUIREMENT FOR CERTAIN 
MEMBERS WITH SPECIALIZED SKILLS. 
Paragraph (1) of section 671(c) of title 10, United 
States Code, is amended to read as follows: 
‘‘(1) Under regulations prescribed under paragraph 
(2), a period of basic training (or equivalent training) 
shorter than 12 weeks may be established by the Secretary 
concerned for members of the armed forces who—
‘‘(A) have been credentialed in a medical pro-
fession or occupation and are serving in a health-
care occupational specialty; or 
‘‘(B) have unique skills acquired in a civilian 
occupation, as determined by the Secretary con-
cerned, and will serve in a military specialty or posi-
tion requiring those skills. 
Any such period shall be established under regulations 
prescribed under paragraph (2) and may be established 
notwithstanding section 4(a) of the Military Selective 
Service Act (50 U.S.C. App. 454(a)).’’. 
SEC. 583. ELIMINATE MANDATORY TERMS OF OFFICE FOR 
CERTAIN GENERAL AND FLAG STAFF OFFI-
CERS. 
(a) ARMY.—
(1) CHIEFS OF BRANCHES.—Section 3036 of 
title 10, United States Code, is amended—
(A) by repealing subsection (c); and 
(B) by redesignating subsections (d) and 
(e) as subsections (c) and (d), respectively. 
(2) JUDGE ADVOCATE GENERAL AND ASSIST-
ANT JUDGE ADVOCATE GENERAL.—Section 3037(a) 
of such title is amended by striking ‘‘An officer ap-
pointed as the Judge Advocate General or Assistant 
Judge Advocate General normally holds office for 
four years. However, the President may terminate or 
extend the appointment at any time.’’. 
(3) DEPUTY
AND
ASSISTANT
CHIEFS
OF 
BRANCHES.—Section 3039(a) of such title is amend-
ed by striking ‘‘for a tour of duty of not more than 
four years,’’. 
(4) CHIEF
OF
ARMY
NURSE
CORPS.—Section 
3069(b) of such title is amended by striking ‘‘, but 
not for more than four years, and may not be re-
appointed to the same position’’. 
(5) CHIEF OF THE ARMY MEDICAL SPECIALIST 
CORPS.—Section 3070(b) of such title is amended by 
striking ‘‘, but not for more than four years, and 
may not be reappointed’’. 
(b) NAVY/MARINE CORPS.—
(1) CHIEF OF THE BUREAU OF MEDICINE AND 
SURGERY.—Section 5137(a) of such title is amended 
by striking ‘‘for a term of four years,’’. 
(2) CHIEF OF THE BUREAU OF NAVAL PER-
SONNEL.—Section 5141(a) of such title is amended 
by striking ‘‘for a term of four years,’’. 
(3) CHIEF OF CHAPLAINS.—Subsection (c) of 
section 5142 of such title is repealed. 
(4) 
JUDGE
ADVOCATE
GENERAL.—Section 
5148(b) of such title is amended by striking ‘‘, for 
a term of four years’’. 
(5) DIRECTOR OF THE NURSE CORPS OR DIREC-
TOR
OF
THE
MEDICAL
SERVICE
CORPS.—Section
5150(c) of such title is amended by striking ‘‘for a 
term of four years,’’. 
(c) AIR FORCE JUDGE ADVOCATE GENERAL AND 
DEPUTY JUDGE ADVOCATE GENERAL.—Section 8037(a) 
of such title is amended—
(1) in subsection (a), by striking ‘‘The term of 
office is four years, but may be sooner terminated 
or extended by the President.’’; and 
(2) in subsection (d)(1), by striking ‘‘The term 
of office of the Deputy Judge Advocate General is 
four years, but may be sooner terminated or ex-
tended by the President.’’. 
SEC. 584. PROHIBIT COURT ORDERED PAYMENTS BEFORE 
RETIREMENT BASED ON IMPUTATION OF RE-
TIRED PAY. 
(a) IN GENERAL.—Section 1408(c)(3) of title 10, 
United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) Notwithstanding any other provision of law, a 
court may not order a member to make payments based 
upon an imputation of a property interest in future retired 
pay of any kind to a spouse or former spouse before the 
date of the member’s actual retirement.’’.
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to final court orders or court 
orders seeking enforcement of prior final decrees issued 
on or after the enactment of this Act. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. TERMINATION OF ASSIGNMENT INCENTIVE PAY 
FOR MEMBERS ON TERMINAL LEAVE. 
Paragraph (e) of section 307a of title 37, United 
States Code, is amended by inserting before the period at 
the end the following: ‘‘, other than terminal leave when 
the member will not be returning to the assignment’’. 
SEC. 602. MORE FLEXIBLE RETIREMENT RULES FOR MILI-
TARY OFFICERS. 
(a) IN GENERAL.—Section 1370 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 1370. Commissioned officers: general rule; excep-
tions 
‘‘(a) RULE FOR RETIREMENT IN HIGHEST GRADE 
HELD SATISFACTORILY.—(1) Unless entitled to a higher 
retired grade under some other provision of law, a commis-
sioned officer (other than a commissioned warrant officer) 
of the Army, Navy, Air Force, or Marine Corps who re-
tires under any provision of law other than chapter 61
100
or chapter 1223 of this title shall, subject to the criteria 
specified under paragraph (2) or (3), be retired in the 
highest grade in which he served on active duty satisfac-
torily, as determined by the Secretary concerned. 
‘‘(2) In order to be eligible for voluntary retirement 
in a grade at or below the grade of major or lieutenant 
commander, a commissioned officer of the Army, Navy, 
Air Force, or Marine Corps covered by paragraph (1) 
must have served on active duty in that grade for not less 
than six months.
‘‘(3)(A) In order to be eligible for voluntary retire-
ment in a grade above major or lieutenant commander and 
below brigadier general or rear admiral (lower half), a 
commissioned officer of the Army, Navy, Air Force, or 
Marine Corps covered by paragraph (1) must have served 
on active duty in that grade for not less than three years, 
except that the Secretary of Defense may authorize the 
Secretary concerned to reduce such period to a period not 
less than two years. 
‘‘(B) An officer at or above the grade of brigadier 
general or rear admiral (lower half) may be retired in the 
highest grade in which he served on active duty satisfac-
torily, upon approval by the Secretary concerned and con-
currence by the Secretary of Defense or another civilian 
official in the Office of the Secretary of Defense appointed
101
by the President, by and with the advice and consent of 
the Senate, to which the Secretary of Defense has dele-
gated such authority. 
‘‘(C) The President may waive subparagraph (A) in 
individual cases involving extreme hardship or exceptional 
or unusual circumstances. The authority of the President 
under the preceding sentence may not be delegated. 
‘‘(4) A reserve or temporary officer who is notified 
that he will be released from active duty without his con-
sent, and thereafter requests retirement under section 
3911, 6323, or 8911 of this title and is retired pursuant 
to that request, is considered for purposes of this section 
to have been retired involuntarily. An officer retired pur-
suant to section 1186(b)(1) of this title is considered for 
purposes of this section to have been retired voluntarily. 
‘‘(b) RETIREMENT IN NEXT LOWER GRADE.—An of-
ficer whose length of service in the highest grade he held 
while on active duty does not meet the service in grade 
requirements specified in subsection (a) or whose service 
on active duty in that grade was not determined to be sat-
isfactory by the Secretary concerned shall be retired in the 
next lower grade in which he served on active duty satis-
factorily, as determined by the Secretary concerned, for 
not less than six months.
102
‘‘(c) RESERVE OFFICERS.—(1) Unless entitled to a 
higher grade, or to credit for satisfactory service in a high-
er grade, under some other provision of law, a person who 
is entitled to retired pay under chapter 1223 of this title 
shall, upon application under section 12731 of this title, 
be credited with satisfactory service in the highest grade 
in which that person served satisfactorily at any time in 
the armed forces, as determined by the Secretary con-
cerned in accordance with this subsection. 
‘‘(2) In order to be credited with satisfactory service 
in an officer grade (other than a warrant officer grade) 
below the grade of lieutenant colonel or commander, a per-
son covered by paragraph (1) must have served satisfac-
torily in that grade (as determined by the Secretary con-
cerned) as a reserve commissioned officer in an active sta-
tus, or in a retired status on active duty, for not less than 
six months. 
‘‘(3)(A)(i) In order to be credited with satisfactory 
service in an officer grade above major or lieutenant com-
mander and below brigadier general or rear admiral (lower 
half), a person covered by paragraph (1) must have served 
satisfactorily in that grade (as determined by the Sec-
retary concerned) as a reserve commissioned officer in an 
active status, or in a retired status on active duty, for not 
less than three years, except that the Secretary of Defense
103
may authorize the Secretary concerned to reduce such pe-
riod to a period not less than two years. 
‘‘(ii) An officer at or above the grade of lieutenant 
general or vice admiral may be retired in the highest grade 
in which he served satisfactorily, upon approval by the 
Secretary concerned and concurrence by the Secretary of 
Defense or another civilian official in the Office of the Sec-
retary of Defense appointed by the President, by and with 
the advice and consent of the Senate, to which the Sec-
retary of Defense has delegated such authority. 
‘‘(B) A person covered by subparagraph (A)(i) who 
has completed at least six months of satisfactory service 
in grade and is transferred from an active status or dis-
charged as a reserve commissioned officer solely due to 
the requirements of a nondiscretionary provision of law 
requiring that transfer or discharge due to the person’s 
age or years of service may be credited with satisfactory 
service in the grade in which serving at the time of such 
transfer or discharge, notwithstanding the failure of the 
person to complete three years of service in that grade. 
‘‘(C) To the extent authorized by the Secretary con-
cerned, a person who, after having been recommended for 
promotion in a report of a promotion board but before 
being promoted to the recommended grade, served in a 
position for which that grade is the minimum authorized
104
grade may be credited for purposes of subparagraph (A)(i) 
as having served in that grade for the period for which 
the person served in that position while in the next lower 
grade. The period credited may not include any period be-
fore the date on which the Senate provides advice and con-
sent for the appointment of that person in the rec-
ommended grade. 
‘‘(D) To the extent authorized by the Secretary con-
cerned, a person who, after having been found qualified 
for Federal recognition in a higher grade by a board under 
section 307 of title 32, serves in a position for which that 
grade is the minimum authorized grade and is appointed 
as a reserve officer in that grade may be credited for the 
purposes of subparagraph (A)(i) as having served in that 
grade. The period of the service for which credit is af-
forded under the preceding sentence may only be the pe-
riod for which the person served in the position after the 
Senate provides advice and consent for the appointment. 
‘‘(4) A person whose length of service in the highest 
grade held does not meet the service in grade requirements 
specified in this subsection shall be credited with satisfac-
tory service in the next lower grade in which that person 
served satisfactorily (as determined by the Secretary con-
cerned) for not less than six months.’’.
105
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the computation 
of retired or retainer pay of any individual who becomes 
entitled to that pay on or after the date of enactment of 
this Act. 
SEC. 603. MORE FLEXIBLE COMPUTATION OF RETIRED PAY 
FOR OFFICERS AND SENIOR ENLISTED MEM-
BERS. 
(a) MODIFICATION OF RETIRED PAY FORMULAS.—
(1) Chapter 71 of title 10, United States Code, is amended 
by inserting after section 1401a the following new section: 
‘‘§ 1401b. Maximum multiplier in the computation of 
retired pay 
‘‘Notwithstanding any other provision of law that lim-
its retired pay computed under this chapter or under chap-
ter 1223 of this title to a maximum of 75 percent of the 
member’s base determined under section 1406 or 1407 of 
this title, the maximum amount of retired pay as a per-
centage of such base will be limited as follows: 
‘‘(1) For members retired before October 1, 
2003, use limitations prescribed in other sections of 
law. 
‘‘(2) For members retired on or after October 
1, 2003, use the limitations prescribed in other sec-
tions of law except in the case of—
106
‘‘(A) members retired in the grade O-7 and 
above with more than 30 years of creditable 
service in the computation of the multiplier per-
centage under section 1409 of this title, such 
percentage is not limited to 75 percent for any 
time served in excess of 30 years otherwise 
creditable after October 1, 2003; and 
‘‘(B) members retired in the grades E–8 
through O–6, inclusive, with more than 30 
years of creditable service in the computation of 
the multiplier percentage under section 1409 of 
this title, such percentage is not limited to 75 
percent for any time served under conditions 
authorized such additional credit during a pe-
riod established by the Secretary of Defense.’’. 
(2) The table of sections at the beginning of such 
chapter is amended by inserting after the item relating 
to section 1401a the following new item:
‘‘1401b. Maximum multiplier in the computation of retired pay.’’.
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the computation 
of retired or retainer pay of any individual who becomes 
entitled to that pay on or after the date of enactment of 
this Act.
107
SEC. 604. ELIMINATE RETIRED PAY LIMIT APPLICABLE TO 
GENERAL AND FLAG OFFICERS. 
(a) RETIRED PAY BASE FOR MEMBERS WHO FIRST 
BECAME MEMBERS BEFORE SEPTEMBER 8, 1980.—Sec-
tion 1406 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(j) RETIRED PAY BASE.—In the case of a member 
at grade O–7 and above, the rates of basic pay used to 
compute the pay base prescribed in this section shall be 
the rates applicable to the grade or position without re-
gard to any provision of law limiting such pay to the rate 
of pay for level III of the Executive Schedule.’’. 
(b) RETIRED PAY BASE FOR MEMBERS WHO FIRST 
BECAME MEMBERS AFTER SEPTEMBER 7, 1980.—Sec-
tion 1407 of such title is amended by adding at the end 
the following new subsection:
‘‘(g) RETIRED PAY BASE.—In the case of a member 
at grade O–7 and above, the rates of basic pay used to 
compute the pay base prescribed in this section shall be 
the rates applicable to the grade or position without re-
gard to any provision of law limiting such pay to the rate 
of pay for level III of the Executive Schedule.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the computation 
of retired or retainer pay of any individual who becomes
108
entitled to that pay on or after the date of enactment of 
this Act. 
SEC. 605. GRANT BASIC ALLOWANCE FOR HOUSING WAIV-
ERS FOR 12 MONTHS OR LESS ON PERMA-
NENT CHANGE OF STATION ASSIGNMENTS 
THAT ARE PRINCIPALLY FOR EDUCATION OR 
TRAINING. 
Paragraph (3) of section 403(d) of title 37, United 
States Code, is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(C) Where a member receives a permanent 
change of station or permanent change of assign-
ment, within the continental United States, of 12 
months duration or less for purposes of participating 
in professional military education or training classes, 
the amount of the basic allowance for housing for 
the member may be based on the area in which the 
dependents reside or the member’s last duty station, 
whichever the Secretary concerned determines to be 
most equitable. The dependents must continue to 
live at the member’s last duty station in order to 
qualify for the rate based on that area.’’.
109
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAYS FOR RESERVE FORCES. 
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN 
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section 
302g(f) of title 37, United States Code, is amended by 
striking ‘‘December 31, 2004’’ and inserting ‘‘December 
31, 2005’’. 
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of such title is amended by striking ‘‘De-
cember 31, 2004’’ and inserting ‘‘December 31, 2005’’. 
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of such title is amended by striking ‘‘Decem-
ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 
(d) SPECIAL PAY
FOR ENLISTED MEMBERS AS-
SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 
308d(c) of such title is amended by striking ‘‘December 
31, 2004’’ and inserting ‘‘December 31, 2005’’. 
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of such title is amended by striking ‘‘Decem-
ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 
(f) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section of 308h(g) of such title is amend-
110
ed by striking ‘‘December 31, 2004’’ and inserting ‘‘De-
cember 31, 2005’’. 
(g) PRIOR SERVICE REENLISTMENT BONUS.—Sec-
tion 308i(f) of such title is amended by striking ‘‘Decem-
ber 31, 2004’’ and inserting ‘‘December 31, 2005’’. 
(h) REPAYMENT OF EDUCATION LOANS FOR CER-
TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
LECTED RESERVE.—Section 16302(d) of title 10, United 
States Code, is amended by striking ‘‘January 1, 2005’’ 
and inserting ‘‘January 1, 2006’’. 
SEC. 612. BONUS FOR OFFICERS TO SERVE IN THE SE-
LECTED RESERVE IN A CRITICAL SKILL OR 
MANPOWER SHORTAGE. 
(a) IN GENERAL.—Chapter 5 of title 37, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 308j. Special pay: bonus for officers to serve in the 
Selected Reserve in a critical skill or 
manpower shortage 
‘‘(a) BONUS AUTHORIZATION.—The Secretary of De-
fense may pay—
‘‘(1) an affiliation bonus to an officer of an 
armed force, including a warrant officer, (other than 
an officer who has previously served in the Selected 
Reserve or an officer who is entitled to retired pay)
111
who executes a written agreement to serve in the Se-
lected Reserve of the Ready Reserve for a period of 
not less than three years in a designated critical offi-
cer skill or manpower shortage after being dis-
charged or released from active duty under honor-
able conditions, once the officer affiliates with a unit 
or position in the Selected Reserve; and 
‘‘(2) an accession bonus to a person who exe-
cutes a written agreement to accept a commission as 
an officer of the armed forces and serve in the Se-
lected Reserve of the Ready Reserve in a designated 
critical officer skill for a period of not less than 
three years, upon acceptance of the agreement by 
the Secretary concerned. 
‘‘(b) DESIGNATION OF CRITICAL OFFICER SHORT-
AGE.—The Secretary concerned shall designate the critical 
officer skill shortages and critical manpower shortages for 
the purposes of this section. 
‘‘(1) A skill may be designated as a critical offi-
cer skill for an armed force under this subsection 
if—
‘‘(A) to meet requirements of the armed 
force, it is critical for the armed force to have 
a sufficient number of officers who are qualified 
in that skill; or
112
‘‘(B) to mitigate a current or projected sig-
nificant shortage of personnel in the armed 
force who are qualified in that skill, it is critical 
to access into that armed force in sufficient 
numbers persons who are qualified in that skill 
or are to be trained in that skill. 
‘‘(2) A manpower shortage may be designated 
for a current or projected shortage in a unit or over-
all shortage in a pay grade. 
‘‘(c) LIMITATION
ON AMOUNT
OF BONUS.—The 
amount of a bonus under subsection (a) may not exceed 
$12,000. 
‘‘(d) PAYMENT METHOD.—Upon acceptance of a 
written agreement by the Secretary concerned, the total 
amount of the bonus payable under the agreement be-
comes fixed. The agreement shall specify whether the 
bonus shall be paid by the Secretary in a lump sum or 
installments. 
‘‘(e) RELATION TO OTHER ACCESSION BONUS AU-
THORITY.—An officer or individual may not receive a 
bonus under this section and financial assistance under 
chapter 1608, 1609 or 1611 of title 10, or under section 
302g of this title, for the same period of service. 
‘‘(f) REPAYMENT FOR FAILURE TO COMMENCE OR 
COMPLETE OBLIGATED SERVICE.—(1) An individual who,
113
after receiving all or part of the bonus under an agreement 
referred to in subsection (a), does not accept a commission 
as an officer or does not commence to or does not satisfac-
torily participate in the Selected Reserve for the total pe-
riod of service specified in the agreement shall repay to 
the United States such compensation or benefit, except 
under conditions established by the Secretary concerned. 
‘‘(2) The Secretary concerned shall set forth whether 
repayment is required in whole or in part, the method for 
computing the amount of the repayment, and the condi-
tions under which an exception to the required repayment 
would apply.
‘‘(3) 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 less than five years after the termi-
nation of an agreement entered into under subsection (a) 
does not discharge the individual signing the agreement 
from a debt arising under such agreement or under para-
graph (1).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘308j. Special pay: bonus for officers to serve in the Selected Reserve in critical 
skill or manpower shortage.’’.
114
SEC. 613. CRITICAL SKILLS RETENTION BONUS; ELIGI-
BILITY OF MEMBERS SERVING ON INDEFI-
NITE REENLISTMENT IS INVOLVED. 
Section 323(a) of title 37, United States Code, is 
amended—
(1) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) in the case of an enlisted member serving 
on an indefinite reenlistment, the member executes 
a written agreement to remain on active duty for at 
least 1 year.’’. 
SEC. 614. FOREIGN LANGUAGE PROFICIENCY PAY. 
Section 1596a of title 10, United States Code, is 
amended—
(1) in subsection (a)(2), by striking ‘‘during a 
contingency operation supported by the armed 
forces’’; and 
(2) in subsection (c), by inserting before the pe-
riod at the end the following: ‘‘and shall not be con-
sidered base pay for any purpose’’.
115
SEC. 615. REPAYMENT OF UNEARNED PORTIONS OF BO-
NUSES, SPECIAL PAYS, –AND EDUCATIONAL 
BENEFITS. 
(a) REPAYMENT OF UNEARNED PORTIONS OF BO-
NUSES.—(1) Chapter 5 of title 37, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 327. Repayment of unearned portions of bonuses, 
incentives, special pay or similar pay-
ments, or educational benefits or sti-
pends, when conditions of payment not 
met 
‘‘(a) IN GENERAL.—A member of the uniformed 
services who has received a bonus, incentive, special pay 
or similar payment, or an educational benefit or stipend, 
and who is, by law, subject to the repayment provisions 
of this section shall repay to the United States such com-
pensation or benefit when the member does not meet the 
conditions of the pay or benefit, except under conditions 
established by the Secretary concerned. 
‘‘(b) REGULATIONS.—The Secretary concerned may 
set forth in regulations procedures for determining the 
amount of any repayment, and the conditions under which 
an exception to the required repayment would apply. The 
Secretary concerned may specify in such regulations the 
conditions under which any future installment payment of 
a bonus, incentive, special pay, or similar payment or ben-
116
efit will not be made when the member does not meet the 
conditions of pay or benefit. For the military departments, 
this section shall be administered under regulations pre-
scribed by the Secretary of Defense. 
‘‘(c) DEBT.—An obligation to repay the United 
States under subsection (a) is, for all purposes, a debt 
owed the United States. 
‘‘(d) EFFECT
OF BANKRUPTCY.—A discharge in 
bankruptcy under title 11 does not discharge a person 
from a debt under this section if the final decree of dis-
charge is entered less than five years after the date of 
the termination of the service or the date of the termi-
nation of the agreement on which the debt is based. This 
subsection applies to any case commenced under title 11 
after March 30, 2005.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at 
the end the following new item:
‘‘327. Repayment of unearned portions of bonuses, incentives, special pay or 
similar payments, or educational benefits or stipends, when 
conditions of payment not met.’’.
(b) 
AVIATION
CAREER
OFFICER
RETENTION 
BONUS.—Subsection (g) of section 301b of such title is 
amended to read as follows: 
‘‘(g) REPAYMENT OF BONUS.—An officer who does 
not complete the period of active duty specified in the 
agreement entered into under subsection (a) shall be sub-
117
ject to the repayment provisions of section 327 of this 
title.’’. 
(c) MEDICAL
OFFICER
MULTIYEAR
RETENTION 
BONUS.—Subsection (c) of section 301d of such title is 
amended to read as follows: 
‘‘(c) REPAYMENT OF BONUS.—An officer who does 
not complete the period of active duty specified in the 
agreement entered into under subsection (a) shall be sub-
ject to the repayment provisions of section 327 of this 
title.’’. 
(d) DENTAL
OFFICER
MULTIYEAR
RETENTION 
BONUS.—Subsection (d) of section 301e of such title is 
amended to read as follows: 
‘‘(d) REPAYMENT OF BONUS.—An officer who does 
not complete the period of active duty specified in the 
agreement entered into under subsection (a) shall be sub-
ject to the repayment provisions of section 327 of this 
title.’’. 
(e) MEDICAL OFFICER SPECIAL PAY.—Section 302 
of such title is amended—
(1) in subsection (c), by amending the last sen-
tence in paragraph (2) to read as follows: ‘‘If such 
entitlement is terminated, the officer concerned shall 
be subject to the repayment provisions of section 
327 of this title.’’; and
118
(2) by amending subsection (f) to read as fol-
lows: 
‘‘(f) REPAYMENT.—An officer who does not complete 
the period for which the payment was made under sub-
section (a)(4) or (b)(1) shall be subject to the repayment 
provisions of section 327 of this title.’’. 
(f) OPTOMETRIST RETENTION SPECIAL PAY.—Para-
graph (4) of section 302a(b) of such title is amended to 
read as follows: 
‘‘(4) REPAYMENT.—The Secretary concerned may 
terminate at any time the eligibility of an officer to receive 
retention special pay under paragraph (1). An officer who 
does not complete the period for which the payment was 
made under paragraph (1) shall be subject to the repay-
ment provisions of section 327 of this title.’’. 
(g) DENTAL OFFICER SPECIAL PAY.—Section 302b 
of such title is amended—
(1) in subsection (b), by striking the second 
sentence in paragraph (2); 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) REPAYMENT.—An officer who does not complete 
the period of active duty for which the payment was made 
under subsection (a)(4) shall be subject to the repayment 
provisions of section 327 of this title.’’;
119
(3) by striking subsection (f); and 
(4) by redesignating subsections (g) and (h) as 
subsections (f) and (g), respectively. 
(h) ACCESSION BONUS FOR REGISTERED NURSES.—
Subsection (d) of section 302d of such title is amended 
to read as follows: 
‘‘(d) An officer who does not become and remain li-
censed as a registered nurse during the period for which 
the payment is made, or who does not complete the period 
of active duty specified in the agreement entered into 
under subsection (a) shall be subject to the repayment 
provisions of section 327 of this title.’’. 
(i) NURSE ANESTHETIST SPECIAL PAY.—Section 
302e of such title is amended—
(1) in subsection (c), by striking the last sen-
tence; and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) An officer who does not complete the period of 
active duty specified in the agreement entered into under 
subsection (a) shall be subject to the repayment provisions 
of section 327 of this title.’’. 
(j) RESERVE, RECALLED
OR RETAINED HEALTH 
CARE OFFICERS SPECIAL PAY.—Subsection (c) of section
120
302f of such title is amended by striking ‘‘refund’’ and 
inserting ‘‘repay’’. 
(k) SELECTED RESERVE HEALTH CARE PROFES-
SIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES 
SPECIAL PAY.—Section 302g of such title is amended—
(1) by striking subsections (d) and (e); 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) REPAYMENT.—An officer who does not complete 
the period of service in the Selected Reserve of an armed 
force specified in the agreement entered into under sub-
section (a) shall be subject to the repayment provisions 
of section 327 of this title.’’; and 
(3) by redesignating subsection (f) as sub-
section (e). 
(l) ACCESSION BONUS FOR DENTAL OFFICERS.—
Subsection (d) of section 302h of such title is amended 
to read as follows:
‘‘(d) A person after signing a written agreement who 
thereafter is not commissioned as an officer of the armed 
forces, or does not become licensed as a dentist, or does 
not complete the period of active duty specified in the 
agreement entered into under subsection (a) shall be sub-
ject to the repayment provisions of section 327 of this 
title.’’.
121
(m) ACCESSION
BONUS
FOR
PHARMACY
OFFI-
CERS.—Subsection (e) of section 302j of such title is 
amended to read as follows: 
‘‘(e) A person after signing a written agreement who 
thereafter is not commissioned as an officer of the armed 
forces, or does not become and remain certified or licensed 
as a pharmacist, or does not complete the period of active 
duty specified in the agreement entered into under sub-
section (a) shall be subject to the repayment provisions 
of section 327 of this title.’’. 
(n) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Subsection (d) of section 308 of such title is 
amended to read as follows: 
‘‘(d) REPAYMENT OF BONUS.—A member who does 
not complete the term of enlistment for which a bonus was 
paid to the member under this section, or a member who 
is not technically qualified in the skill for which a bonus 
was paid to him under this section, shall be subject to 
the repayment provisions of section 327 of this title.’’. 
(o) REENLISTMENT BONUS
FOR SELECTED RE-
SERVE.—Subsection (d) of section 308b of such title is 
amended to read as follows: 
‘‘(d) A member who does not complete the term of 
enlistment in the element of the Selected Reserve of the 
Ready Reserve for which the bonus was paid to the mem-
122
ber under this section, shall be subject to the repayment 
provisions of section 327 of this title.’’. 
(p) ENLISTMENT
BONUS
FOR
SELECTED
RE-
SERVE.—Subsection (d) of section 308c of such title is 
amended to read as follows: 
‘‘(d) REPAYMENT.—A member who does not partici-
pate satisfactorily in training with his unit during a term 
of enlistment for which a bonus has been paid to him 
under this section shall be subject to the repayment provi-
sions of section 327 of this title.’’. 
(q) RESERVE AFFILIATION BONUS.—Subsection (d) 
of section 308e of such title is amended to read as follows: 
‘‘(d) REPAYMENT.—A member who does not partici-
pate satisfactorily in training with his unit during a term 
of enlistment for which a bonus has been paid to him 
under this section shall be subject to the repayment provi-
sions of section 327 of this title.’’. 
(r) READY RESERVE ENLISTMENT BONUS.—Section 
308g of such title is amended—
(1) by amending subsection (d) to read as fol-
lows: 
‘‘(d) REPAYMENT.—A person who does not serve sat-
isfactorily in the element of the Ready Reserve in the com-
bat or combat support skill for the period for which the
123
bonus was paid under this section shall be subject to the 
repayment provisions of section 327 of this title.’’; 
(2) by striking subsections (e) and (f); and 
(3) by redesignating subsections (g) and (h) as 
subsections (e) and (f), respectively. 
(s) READY RESERVE REENLISTMENT, ENLISTMENT, 
AND VOLUNTARY EXTENSION OF ENLISTMENT BONUS.—
Section 308h of such title is amended—
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) REPAYMENT.—A person who does not complete 
the period of enlistment or extension of enlistment for 
which the bonus was paid under this section shall be sub-
ject to the repayment provisions of section 327 of this 
title.’’; 
(2) by striking subsections (d) and (e); and 
(3) by redesignating subsections (f) and (g) as 
subsections (d) and (e), respectively. 
(t) PRIOR SERVICE ENLISTMENT BONUS.—Sub-
section (d) of section 308i of such title is amended to read 
as follows: 
‘‘(d) A person who receives a bonus payment under 
this section and who, during the period for which the 
bonus was paid, does not serve satisfactorily in the ele-
ment of the Selected Reserve of the Ready Reserve with
124
respect to which the bonus was paid shall be subject to 
the repayment provisions of section 327 of this title.’’. 
(u) ENLISTMENT BONUS.—Subsection (b) of section 
309 of such title is amended to read as follows: 
‘‘(b) A member who does not complete the term of 
enlistment for which a bonus was paid to the member 
under this section, or a member who is not technically 
qualified in the skill for which a bonus was paid, shall 
be subject to the repayment provisions of section 327 of 
this title.’’. 
(v) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI-
CERS EXTENDING ACTIVE DUTY.—Subsection (b) of sec-
tion 312 of such title is amended to read as follows: 
‘‘(b) REPAYMENT.—An officer who does not complete 
the period of active duty in connection with supervision, 
operation, and maintenance of naval nuclear propulsion 
plants which the officer agreed to serve, and for which 
the payment was made under subsection (a)(3) or (d)(1), 
shall be subject to the repayment provisions of section 327 
of this title.’’. 
(w) NUCLEAR CAREER ACCESSION BONUS.—Para-
graph (2) of section 312b(a) of such title is amended to 
read as follows: 
‘‘(2) An officer who does not commence or complete 
satisfactorily the nuclear power training specified in the
125
agreement under paragraph (1) shall be subject to the re-
payment provisions of section 327 of this title.’’. 
(x) ENLISTED MEMBERS EXTENDING DUTY AT DES-
IGNATED LOCATIONS OVERSEAS.—Subsection (d) of sec-
tion 314 of such title is amended to read as follows: 
‘‘(d) A member who, having entered into a written 
agreement to extend a tour of duty for a period under 
subsection (a), receives a bonus payment under subsection 
(b)(2) for a 12-month period covered by the agreement 
and ceases during that 12-month period to perform the 
agreed tour of duty shall be subject to the repayment pro-
visions of section 327 of this title.’’. 
(y) SPECIAL WARFARE OFFICERS EXTENDING PE-
RIOD OF ACTIVE DUTY.—Subsection (h) of section 318 
of such title is amended to read as follows: 
‘‘(h) An officer who, having entered into a written 
agreement under subsection (b) and has received all or 
part of a bonus under this section, does not complete the 
period of active duty in special warfare service as specified 
in the agreement, shall be subject to the repayment provi-
sions of section 327 of this title.’’. 
(z) SURFACE WARFARE OFFICERS EXTENDING PE-
RIOD OF ACTIVE DUTY.—Subsection (f) of section 319 of 
such title is amended to read as follows:
126
‘‘(f) An officer who, having entered into a written 
agreement under subsection (b) and having received all or 
part of a bonus under this section, does not complete the 
period of active duty as a department head on a surface 
vessel specified in the agreement, shall be subject to the 
repayment provisions of section 327 of this title.’’. 
(aa) JUDGE ADVOCATE CONTINUATION PAY.—Sub-
section (f) of section 321 of such title is amended to read 
as follows: 
‘‘(f) An officer who has entered into a written agree-
ment under subsection (b) and has received all or part 
of the amount payable under the agreement but who does 
not complete the total period of active duty specified in 
the agreement, shall be subject to the repayment provi-
sions of section 327 of this title.’’. 
(bb) 15-YEAR CAREER STATUS BONUS FOR MEM-
BERS ENTERING SERVICE
ON
OR AFTER AUGUST 1, 
1986.—Subsection (f) of section 322 of such title is 
amended to read as follows: 
‘‘(f) If a person paid a bonus under this section does 
not complete a period of active duty beginning on the date 
on which the election of the person under subsection (a)(1) 
is received and ending on the date on which the person 
completes 20 years of active duty service as described in
127
subsection (a)(2), the person shall be subject to the repay-
ment provisions of section 327 of this title.’’. 
(cc) RETENTION INCENTIVES FOR MEMBERS QUALI-
FIED IN A CRITICAL MILITARY SKILL.—Subsection (g) of 
section 323 of such title is amended to read as follows: 
‘‘(g) A member who has entered into a written agree-
ment under subsection (a), and who does not complete the 
total period of active duty specified in the agreement, shall 
be subject to the repayment provisions of section 327 of 
this title.’’. 
(dd) ACCESSION BONUS
FOR NEW OFFICERS
IN 
CRITICAL SKILLS.—Subsection (f) of section 324 of such 
title is amended to read as follows: 
‘‘(f) An individual who, having received all or part 
of the bonus under an agreement referred to in subsection 
(a), is not thereafter commissioned as an officer or does 
not commence or does not complete the total period of ac-
tive duty service specified in the agreement, shall be sub-
ject to the repayment provisions of section 327 of this 
title.’’. 
(ee) INCENTIVE BONUS: SAVINGS PLAN FOR EDU-
CATION EXPENSES AND OTHER CONTINGENCIES.—Sub-
section (g) of section 325 of such title is amended to read 
as follows:
128
‘‘(g) If a person does not complete the qualifying 
service for which the person is obligated under a commit-
ment for which a benefit has been paid under this section, 
the person shall be subject to the repayment provisions 
of section 327 of this title.’’. 
(ff) ENLISTMENT INCENTIVES
FOR PURSUIT
OF 
SKILLS TO FACILITATE NATIONAL SERVICE—Subsection 
(i) of section 510 of title 10, United States Code, is 
amended to read as follows: 
‘‘(i) If a National Call to Service participant who has 
entered into an agreement under subsection (b) and re-
ceived or benefitted from an incentive under subsection 
(e)(1) or (e)(2) fails to complete the total period of service 
specified in such agreement, the National Call to Service 
participant shall be subject to the repayment provisions 
of section 327 of title 37.’’. 
(gg) SCHOLARSHIP PROGRAM FOR QUALIFYING PER-
SONNEL FOR ACQUISITION POSITIONS IN THE DEPART-
MENT OF DEFENSE—Paragraph (3) of section 1744(d) of 
such title is amended to read as follows: 
‘‘(3) For a uniformed member who is separated from 
service before the end of the period for which the person 
has agreed to continue in the service in an acquisition po-
sition shall be subject to the repayment provisions of sec-
tion 327 of title 37. For an employee of the Department
129
of Defense, the Secretary may waive in whole or in part 
a required repayment under this subsection if the Sec-
retary determines the recovery would be against equity 
and good conscience or would be contrary to the best inter-
ests of the United States.’’. 
(hh) ADVANCED EDUCATION ASSISTANCE.—Section 
2005 of such title is amended—
(1) in subsection (a), by amending paragraph 
(3) to read as follows: 
‘‘(3) that if such person does not complete the 
period of active duty specified in the agreement, or 
does not fulfill any term or condition prescribed pur-
suant to clause (4), such person shall be subject to 
the repayment provisions of section 327 of title 37.’’; 
(2) by striking subsections (c), (d), (g) and (h); 
(3) by redesignating subsections (e) and (f) as 
subsections (c) and (d), respectively; and 
(4) by amending subsection (d), as redesignated 
by paragraph (3), to read as follows: 
‘‘(d) The Secretary concerned shall require, as a con-
dition to the Secretary providing financial assistance 
under section 2107 or 2107a of this title to any person, 
that such person enter into an agreement described in sub-
section (a). In addition to the requirements of subsections 
(a)(1) through (a)(4), any agreement required by this sub-
130
section shall provide that if such person does not complete 
the education requirements specified in the agreement, or 
does not fulfill any term or condition prescribed pursuant 
to subsection (a)(4), the person shall be subject to the re-
payment provisions of section 327 of title 37 without the 
Secretary first ordering such person to active duty as pro-
vided for under subsection (a)(2) and sections 2107(f) and 
2107a(f) of this title.’’. 
(ii) TUITION FOR OFF-DUTY TRAINING OR EDU-
CATION.—Section 2007 of such title is amended by adding 
at the end the following new subsection: 
‘‘(f) REPAYMENT.—If such person does not complete 
the period of active duty specified in the agreement under 
subsection (b), such person shall be subject to the repay-
ment provisions of section 327 of title 37.’’. 
(jj) ADVANCED TRAINING, FAILURE TO COMPLETE 
OR TO ACCEPT COMMISSION.—Section 2105 of such title 
is amended—
(1) by striking ‘‘A member’’ and inserting ‘‘(a) 
A member’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) REPAYMENT.—If such person does not complete 
the period of active duty specified under subsection (a),
132
section (a), or having completed the nursing degree pro-
gram, does not become an officer in the Nurse Corps of 
the Army or the Navy or an officer designated as a nurse 
officer of the Air Force or commissioned corps of the Pub-
lic Health Service; or does not complete the period of obli-
gated active service required under the agreement, shall 
be subject to the repayment provisions of section 327 of 
title 37.’’. 
(nn) EDUCATION
LOAN
REPAYMENT
PROGRAM: 
COMMISSIONED OFFICERS IN SPECIFIED HEALTH PRO-
FESSIONS.—Subsection (g) of section 2173 of such title 
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) An officer who does not complete the period of 
active duty specified in the agreement entered into under 
subsection (a)(3), or the alternative obligation under para-
graph (1), shall be subject to the repayment provisions of 
section 327 of title 37.’’. 
(oo) SCHOLARSHIP PROGRAM
FOR DEGREE PRO-
GRAM FOR DEGREE OR CERTIFICATION IN INFORMATION 
ASSURANCE.—Section 2200a of such title is amended—
(1) by amending subsection (e) to read as fol-
lows:
133
‘‘(e) REPAYMENT FOR PERIOD OF UNSERVED OBLI-
GATED SERVICE.—(1) A member of an armed force who 
does not complete the period of active duty specified in 
the service agreement under section (b) shall be subject 
to the repayment provisions of section 327 of title 37. 
‘‘(2) A civilian employee of the Department of De-
fense who voluntarily terminates service before the end of 
the period of obligated service required under an agree-
ment entered into under subsection (b) shall refund to the 
United States an amount determined by the Secretary of 
Defense as being appropriate to obtain adequate service 
in exchange for financial assistance and otherwise to 
achieve the goals set forth in section 2200(a) of this title. 
‘‘(A) OBLIGATION AS DEBT.—An obligation to 
reimburse the United States imposed under para-
graph (1) is for all purposes a debt owed to the 
United States. 
‘‘(B) REPAYMENT.—The Secretary of Defense 
may waive, in whole or in part a refund required 
under paragraph (1) if the Secretary determines 
that recovery would be against equity and good con-
science or would be contrary to the best interests of 
the United States. 
‘‘(C) 
EFFECT
OF
DISCHARGE
IN
BANK-
RUPTCY.—A discharge in bankruptcy under title 11
134
that is entered less than five years after the termi-
nation of an agreement under this section does not 
discharge the person signing such agreement from a 
debt arising under such agreement or under this 
subsection.’’; 
(2) by striking subsection (f); and 
(3) by redesignating subsection (g) as sub-
section (f). 
(pp) CADETS: AGREEMENT TO SERVICE AS OFFI-
CER.—Section 4348 of such title is amended by adding 
at the end the following new subsection: 
‘‘(f) A cadet or former cadet who does not fulfill the 
terms of the agreement as specified under section (a), or 
the alternative obligation under subsection (b), shall be 
subject to the repayment provisions of section 327 of title 
37.’’. 
(qq) MIDSHIPMEN: AGREEMENT FOR LENGTH OF 
SERVICE.—Section 6959 of such title is amended by add-
ing at the end the following new subsection: 
‘‘(f) A midshipman or former midshipman who does 
not fulfill the terms of the agreement as specified under 
section (a), or the alternative obligation under subsection 
(b), shall be subject to the repayment provisions of section 
327 of title 37.’’.
135
(rr) CADETS: AGREEMENT TO SERVICE AS OFFI-
CER.—Section 9348 of such title is amended by adding 
at the end the following new subsection: 
‘‘(f) A cadet or former cadet who does not fulfill the 
terms of the agreement as specified under section (a), or 
the alternative obligation under subsection (b), shall be 
subject to the repayment provisions of section 327 of title 
37.’’.
(ss) CADETS: NUMBER, APPOINTMENT, OBLIGATION 
TO SERVE.—Section 182 of title 14, United States Code, 
is amended by adding at the end the following new sub-
section: 
‘‘(g) A cadet or former cadet who does not fulfill the 
terms of the obligation to serve as specified under section 
(b), or the alternative obligation under subsection (c), 
shall be subject to the repayment provisions of section 327 
of title 37.’’. 
(tt) EDUCATIONAL ASSISTANCE FOR MEMBERS OF 
THE SELECTED RESERVE.—Section 16135 of title 10 
United States Code, is amended to read as follows: 
‘‘§ 16135. Failure to participate satisfactorily; pen-
alties 
‘‘(a) A member of the Selected Reserve of the Ready 
Reserve of an armed force who does not participate satis-
factorily in required training as a member of the Selected
136
Reserve during a term of enlistment or other period of 
obligated service that created entitlement of the member 
to educational assistance under this chapter, and during 
which the member has received such assistance, shall, at 
the option of the Secretary concerned—
‘‘(1) be ordered to active duty for a period of 
two years or the period of obligated service the per-
son has remaining under section 16132 of this title, 
whichever is less; or 
‘‘(2) be subject to the repayment provisions 
under section 327 of title 37. 
‘‘(b) Any repayment under the provisions of section 
327 of title 37 shall not affect the period of obligation 
of such member to serve as a Reserve in the selected Re-
serve.’’. 
(uu) HEALTH PROFESSIONS STIPEND PROGRAM—
PENALTIES
AND LIMITATIONS.—Subparagraph (B) of 
section 16203(a)(1) of such title is amended to read as 
follows: 
‘‘(B) shall be subject to the repayment provi-
sions of section 327 of title 37.’’. 
(vv) MARINE CORPS PLATOON LEADERS CLASS: 
COLLEGE TUITION ASSISTANCE PROGRAM.—Subsection 
(f) of section 16401 of such title is amended—
137
(1) in paragraph (1), by striking ‘‘may be re-
quired to repay the full amount of financial assist-
ance’’ and inserting ‘‘shall be subject to the repay-
ment provisions of section 327 of title 37’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) Any requirement to repay any portion of finan-
cial assistance received under this section shall be adminis-
tered under Secretary of Defense regulations issued under 
section 327 of title 37. The Secretary of the Navy may 
waive the obligations referenced in paragraph (1) in the 
case of a person who—’’. 
(ww) CONVERSION TO MILITARY OCCUPATIONAL SE-
CURITY INCENTIVE BONUS.—Subsection (e) of section 
326 of title 37, United States Code, is amended to read 
as follows: 
‘‘(e) REPAYMENT OF BONUS.—A member who fails 
to serve in such military occupational specialty for the pe-
riod specified in the agreement executed under subsection 
(a) shall be subject to the repayment provisions of section 
327 of this title.’’. 
(xx) EFFECTIVE DATE.—(1) The amendments made 
by this section shall take effect on April 1, 2005. 
(2) Notwithstanding paragraph (1)—