H. R. 4200—68
‘‘§ 901. Definitions
‘‘In this chapter:
‘‘(1) The term ‘homeland defense activity’ means an activity
undertaken for the military protection of the territory or
domestic population of the United States, or of infrastructure
or other assets of the United States determined by the Secretary
of Defense as being critical to national security, from a threat
or aggression against the United States.
‘‘(2) The term ‘State’ means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
or a territory or possession of the United States.
‘‘§ 902. Homeland defense activities: funds
‘‘(a) The Secretary of Defense may provide funds to a Governor
to employ National Guard units or members to conduct homeland
defense activities that the Secretary, determines to be necessary
and appropriate for participation by the National Guard units or
members, as the case may be.
‘‘§ 903. Regulations
‘‘The Secretary of Defense shall prescribe regulations to imple-
ment this chapter.
‘‘§ 904. Homeland defense duty
‘‘(a) FULL-TIME NATIONAL GUARD DUTY.—All duty performed
under this chapter shall be considered to be full-time National
Guard duty under section 502(f) of this title. Members of the
National Guard performing full-time National Guard duty in the
Active Guard and Reserve Program may support or execute home-
land defense activities performed by the National Guard under
this chapter.
‘‘(b) DURATION.—The period for which a member of the National
Guard performs duty under this chapter shall be limited to 180
days. The Governor of the State may, with the concurrence of
the Secretary of Defense, extend the period one time for an addi-
tional 90 days to meet extraordinary circumstances.
‘‘(c) RELATIONSHIP TO REQUIRED TRAINING.—A member of the
National Guard performing duty under this chapter shall, in addi-
tion to performing such duty, participate in the training required
under section 502(a) of this title. The pay, allowances, and other
benefits of the member while participating in the training shall
be the same as those to which the member is entitled while per-
forming the duty under this chapter. The member is not entitled
to additional pay, allowances, or other benefits for participation
in training required under section 502(a)(1) of this title.
‘‘(d) READINESS.—To ensure that the use of units and personnel
of the National Guard of a State for homeland defense activities
does not degrade the training and readiness of such units and
personnel, the following requirements shall apply in determining
the homeland defense activities that units and personnel of the
National Guard of a State may perform:
‘‘(1) The performance of the activities is not to affect
adversely the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard
to perform the military functions of the member or unit.
H. R. 4200—69
‘‘(2) The performance of the activities is not to degrade
the military skills of the members of the National Guard per-
forming those activities.
‘‘§ 905. Funding assistance
‘‘In the case of any homeland defense activity for which the
Secretary of Defense determines under section 902 of this title
that participation of units or members of the National Guard of
a State is necessary and appropriate, the Secretary may provide
funds to that State in an amount that the Secretary determines
is appropriate for the following costs of the participation in that
activity from funds available to the Department for related pur-
poses:
‘‘(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.
‘‘(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State.
‘‘§ 906. Requests for funding assistance
‘‘A Governor of a State may request funding assistance for
the homeland defense activities of the National Guard of that
State from the Secretary of Defense. Any such request shall include
the following:
‘‘(1) The specific intended homeland defense activities of
the National Guard of that State.
‘‘(2) An explanation of why participation of National Guard
units or members, as the case may be, in the homeland defense
activities is necessary and appropriate.
‘‘(3) A certification that homeland defense activities are
to be conducted at a time when the personnel involved are
not in Federal service.
‘‘§ 907. Relationship to State duty
‘‘Nothing in this chapter shall be construed as a limitation
on the authority of any unit of the National Guard of a State,
when such unit is not in Federal service, to perform functions
authorized to be performed by the National Guard by the laws
of the State concerned.
‘‘§ 908. Annual report
‘‘(a) REQUIREMENT FOR REPORT.—After the end of each fiscal
year, the Secretary of Defense shall submit to the congressional
defense committees a report regarding any assistance provided and
activities carried out under this chapter during that fiscal year.
The report for a fiscal year shall be submitted not later than
March 31 of the year following the year in which such fiscal year
ended.
‘‘(b) CONTENT.—The report for a fiscal year shall include the
following matters:
‘‘(1) The numbers of members of the National Guard
excluded under subsection (i) of section 115 of title 10 from
being counted for the purpose of end-strengths authorized
pursuant to subsection (a)(1) of such section.
H. R. 4200—70
‘‘(2) A description of the homeland defense activities con-
ducted with funds provided under this chapter.
‘‘(3) An accounting of the amount of the funds provided
to each State.
‘‘(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard
to perform homeland defense activities under this chapter.’’.
(2) The table of chapters at the beginning of such title is
amended by adding at the end the following new item:
‘‘9. Homeland Defense Activities .....................................................................
901’’.
(b) CONFORMING AMENDMENT.—Section 115 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(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 per-
sonnel for the purpose of end-strengths authorized pursuant to
subsection (a)(1), persons involuntarily performing homeland
defense activities under chapter 9 of title 32 shall be excluded.’’.
SEC. 513. COMMISSION ON THE NATIONAL GUARD AND RESERVES.
(a) ESTABLISHMENT.—There is established a commission to be
known as the ‘‘Commission on the National Guard and Reserves’’.
(b) COMPOSITION.—(1) The Commission shall be composed of
13 members appointed as follows:
(A) Three members appointed by the chairman of the Com-
mittee on Armed Services of the Senate.
(B) Three members appointed by the chairman of the Com-
mittee on Armed Services of the House of Representatives.
(C) Two members appointed by the ranking minority
member of the Committee on Armed Services of the Senate.
(D) Two members appointed by the ranking minority
member of the Committee on Armed Service of the House
of Representatives.
(E) Three members appointed by the Secretary of Defense.
(2) The members of the Commission shall be appointed from
among persons who have knowledge and expertise in the following
areas:
(A) National security.
(B) Roles and missions of any of the Armed Forces.
(C) The mission, operations, and organization of the
National Guard of the United States.
(D) The mission, operations, and organization of the other
reserve components of the Armed Forces.
(E) Military readiness of the Armed Forces.
(F) Personnel pay and other forms of compensation.
(G) Other personnel benefits, including health care.
(3) Members of the Commission shall be appointed for the
life of the Commission. A vacancy in the membership of the Commis-
sion shall not affect the powers of the Commission, but shall be
filled in the same manner as the original appointment.
(4) The Secretary of Defense shall designate a member of the
Commission to be chairman of the Commission.
(c) DUTIES.—(1) The Commission shall carry out a study of
the following matters:
(A) The roles and missions of the National Guard and
the other reserve components of the Armed Forces.
H. R. 4200—71
(B) The compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) In carrying out the study under paragraph (1), the Commis-
sion shall do the following:
(A) Assess the current roles and missions of the reserve
components and identify appropriate potential future roles and
missions for the reserve components.
(B) Assess the capabilities of the reserve components and
determine how the units and personnel of the reserve compo-
nents may be best used to support the military operations
of the Armed Forces and the achievement of national security
objectives, including homeland defense, of the United States.
(C) Assess the Department of Defense plan for implementa-
tion of section 115(b) of title 10, United States Code, as added
by section 404(a)(4).
(D) Assess—
(i) the current organization and structure of the
National Guard and the other reserve components; and
(ii) the plans of the Department of Defense and the
Armed Forces for future organization and structure of the
National Guard and the other reserve components.
(E) Assess the manner in which the National Guard and
the other reserve components are currently organized and
funded for training and identify an organizational and funding
structure for training that best supports the achievement of
training objectives and operational readiness.
(F) Assess the effectiveness of the policies and programs
of the National Guard and the other reserve components for
achieving operational readiness and personnel readiness,
including medical and personal readiness.
(G) Assess—
(i) the adequacy and appropriateness of the compensa-
tion and benefits currently provided for the members of
the National Guard and the other reserve components,
including the availability of health care benefits and health
insurance; and
(ii) the effects of proposed changes in compensation
and benefits on military careers in both the regular and
the reserve components of the Armed Forces.
(H) Identify various feasible options for improving the com-
pensation and other benefits available to the members of the
National Guard and the members of the other reserve compo-
nents and assess—
(i) the cost-effectiveness of such options; and
(ii) the foreseeable effects of such options on readiness,
recruitment, and retention of personnel for careers in the
regular and reserve components the Armed Forces.
(I) Assess the traditional military career paths for members
of the National Guard and the other reserve components and
identify alternative career paths that could enhance profes-
sional development.
(J) Assess the adequacy of the funding provided for the
National Guard and the other reserve components for several
previous fiscal years, including the funding provided for
National Guard and reserve component equipment and the
H. R. 4200—72
funding provided for National Guard and other reserve compo-
nent personnel in active duty military personnel accounts and
reserve military personnel accounts.
(d) FIRST
MEETING.—The Commission shall hold its first
meeting not later than 30 days after the date on which all members
of the Commission have been appointed.
(e) ADMINISTRATIVE AND PROCEDURAL AUTHORITIES.—(1) Sec-
tions 955, 956, 957 (other than subsection (f)), 958, and 959 of
the National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 10 U.S.C 111 note) shall apply to the Commission,
except that in applying section 957(a) of such Act to the Commis-
sion, ‘‘level IV of the Executive Schedule’’ shall be substituted
for ‘‘level V of the Executive Schedule’’.
(2) The following provisions of law do not apply to the Commis-
sion:
(A) Section 3161 of title 5, United States Code.
(B) The Federal Advisory Committee Act (5 U.S.C. App.).
(f) REPORTS.—(1) Not later than three months after the first
meeting of the Commission, the Commission shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth—
(A) a strategic plan for the work of the Commission;
(B) a discussion of the activities of the Commission; and
(C) any initial findings of the Commission.
(2) Not later than one year after the first meeting of the
Commission, the Commission shall submit a final report to the
committees of Congress referred to in paragraph (1) and to the
Secretary of Defense. The final report shall include any rec-
ommendations that the Commission determines appropriate,
including any recommended legislation, policies, regulations, direc-
tives, and practices.
(g) TERMINATION.—The Commission shall terminate 90 days
after the date on which the final report is submitted under sub-
section (f)(2).
(h) ANNUAL
REVIEW.—(1) The Secretary of Defense shall
annually review the reserve components of the Armed Forces with
regard to—
(A) the roles and missions of the reserve components; and
(B) the compensation and other benefits, including health
care benefits, that are provided for members of the reserve
components under the laws of the United States.
(2) The Secretary shall submit a report of the annual review,
together with any comments and recommendations that the Sec-
retary considers appropriate, to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives.
(3) The first review under paragraph (1) shall take place during
fiscal year 2006.
SEC. 514. REPEAL OF EXCLUSION OF ACTIVE DUTY FOR TRAINING
FROM AUTHORITY TO ORDER RESERVES TO ACTIVE
DUTY.
(a) GENERAL AUTHORITY TO ORDER RESERVES
TO ACTIVE
DUTY.—Section 12301 of title 10, United States Code, is amended—
(1) in the first sentence of subsection (a), by striking ‘‘(other
than for training)’’;
(2) in subsection (c)—
H. R. 4200—73
(A) in the first sentence, by striking ‘‘(other than for
training)’’ and inserting ‘‘as provided in subsection (a)’’;
and
(B) in the second sentence, by striking ‘‘ordered to
active duty (other than for training)’’ and inserting ‘‘so
ordered to active duty’’; and
(3) in subsection (e), by striking ‘‘(other than for training)’’
and inserting ‘‘as provided in subsection (a)’’.
(b) READY RESERVE 24-MONTH CALLUP AUTHORITY.—Section
12302 of such title is amended by striking ‘‘(other than for training)’’
in subsections (a) and (c).
(c) SELECTED RESERVE AND INDIVIDUAL READY RESERVE 270-
DAY CALLUP AUTHORITY.—Section 12304(a) of such title is amended
by striking ‘‘(other than for training)’’.
(d) STANDBY RESERVE CALLUP AUTHORITY.—Section 12306 of
such title is amended—
(1) in subsection (a), by striking ‘‘active duty (other than
for training) only as provided in section 12301 of this title’’
and inserting ‘‘active duty only as provided in section 12301
of this title, but subject to the limitations in subsection (b)’’;
and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘(other than for
training)’’ and inserting ‘‘under section 12301(a) of this
title’’; and
(B) in paragraph (2), by striking ‘‘no other member’’
and all that follows through ‘‘without his consent’’ and
inserting ‘‘notwithstanding section 12301(a) of this title,
no other member in the Standby Reserve may be ordered
to active duty as an individual under such section without
his consent’’.
SEC. 515. ARMY PROGRAM FOR ASSIGNMENT OF ACTIVE COMPONENT
ADVISERS TO UNITS OF THE SELECTED RESERVE.
(a) CHANGE IN MINIMUM NUMBER REQUIRED TO BE ASSIGNED.—
Section 414(c)(1) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note) is amended
by striking ‘‘5,000’’ and inserting ‘‘3,500’’.
(b) LIMITATION ON REDUCTIONS.—Notwithstanding the amend-
ment made by subsection (a), the Secretary of the Army may
not reduce the number of active component Reserve support per-
sonnel below the number of such personnel 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 Representatives 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 improve such
training and readiness resulting from the reduction under the
amendment made by subsection (a) in the minimum number
of active component Reserve 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
H. R. 4200—74
order to meet emerging training requirements in the Army
reserve components in connection with unit and force structure
conversions and preparations for wartime deployment.
(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
component training needs.
(4) Whether the Army is planning further reductions in
the number of active component Reserve support personnel
and, if so, the scope and rationale for those reductions.
(5) Whether an increase in Army reserve component full-
time support personnel will be required to replace the loss
of active component Reserve support personnel.
(d) DEFINITION.—In this section, the term ‘‘active component
Reserve support personnel’’ means the active component Army per-
sonnel assigned as advisers to units of the Selected Reserve of
the Ready Reserve of the Army pursuant to section 414 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(10 U.S.C. 12001 note).
SEC. 516. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES.
Section 1588 of title 10, United States Code, is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(8) Voluntary services to support programs of a committee
of the Employer Support of the Guard and Reserve as author-
ized by the Secretary of Defense.’’; and
(2) in subsection (f)(1), by striking ‘‘subsection (a)(3)’’ and
inserting ‘‘paragraph (3) or (8) of subsection (a)’’.
SEC. 517. AUTHORITY TO REDESIGNATE THE NAVAL RESERVE AS THE
NAVY RESERVE.
(a) AUTHORITY OF SECRETARY OF THE NAVY.—The Secretary
of the Navy may, with the approval of the President, redesignate
the reserve component known as the Naval Reserve as the ‘‘Navy
Reserve’’. Any such redesignation shall be effective on a date speci-
fied by the Secretary, which date may not be earlier than the
date that is 180 days after the date on which the Secretary submits
recommended legislation under subsection (c).
(b) PUBLICATION OF REDESIGNATION.—If the Secretary of the
Navy exercises the authority to redesignate the Naval Reserve
under subsection (a), the Secretary shall promptly publish in the
Federal Register and submit to the Congress notice of the redesigna-
tion, including the effective date of the redesignation.
(c) CONFORMING LEGISLATION.—If the Secretary of the Navy
exercises the authority to redesignate the Naval Reserve under
subsection (a), the Secretary shall submit to the Congress rec-
ommended legislation that identifies each specific provision of law
that refers to the Naval Reserve and sets forth an amendment
to that specific provision of law to conform the reference to the
new designation.
(d) REFERENCES.—If the Secretary of the Navy exercises the
authority to redesignate the Naval Reserve under subsection (a),
then on and after the effective date of the redesignation, any ref-
erence in any law, map, regulation, document, paper, or other
record of the United States to the Naval Reserve shall be deemed
to be a reference to the Navy Reserve.
H. R. 4200—75
SEC. 518. COMPTROLLER GENERAL ASSESSMENT OF INTEGRATION OF
ACTIVE AND RESERVE COMPONENTS OF THE NAVY.
(a) ASSESSMENT.—The Comptroller General shall review the
plan of the Secretary of the Navy for, and implementation by
the Secretary of, initiatives undertaken within 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 struc-
ture undertaken by the commander of the Fleet Forces Com-
mand of the Navy during fiscal year 2004.
(b) REPORT.—No later than March 31, 2005, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives 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 component integration in the Navy.
(c) MATTERS TO BE EXAMINED.—In conducting the review under
subsection (a), the Comptroller General shall examine the following:
(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.
(2) The extent to which the plans of the Navy for improving
the integration of the active and reserve 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 execution of
planned active and reserve integration initiatives will correlate
with the funding of those initiatives, including consideration
of an evaluation of the adequacy of the funding allocated to
those integration 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 standards for active
and reserve forces;
(B) reserve component access to the same equipment
as the active component;
(C) relationships between command and headquarters
elements of active and reserve forces;
(D) trends in the use by the Navy of units referred
to as ‘‘associate’’ units or ‘‘blended’’ units;
(E) Basing criteria of future aviation forces; and
(F) Employment of Naval Reserve aviation forces and
personnel in peacetime and wartime operations.
H. R. 4200—76
SEC. 519. LIMITATION ON 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) Except as otherwise provided under subparagraph (B),
the Secretary may not support the establishment in any State
of more than two academies under the program.
‘‘(B) The Secretary may support the establishment and oper-
ation of an academy in a State in excess of two academies in
that State if the Secretary expressly waives, in writing, the limita-
tion in subparagraph (A) with respect to that State. In the case
of any such waiver, appropriated funds may be used for the
establishment and operation of an academy in excess of two in
that State only to the extent that appropriated funds are expressly
available for that purpose. Any such waiver shall be made under
criteria to be prescribed by the Secretary.’’.
SEC. 520. RECOGNITION ITEMS FOR CERTAIN RESERVE COMPONENT
PERSONNEL.
(a) ARMY RESERVE.—(1) Chapter 1805 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 18506. Recruitment and retention: availability of funds
for recognition items for Army Reserve personnel
‘‘(a) AVAILABILITY OF FUNDS.—(1) Under regulations prescribed
by the Secretary of the Army, funds authorized to be appropriated
to the Army Reserve and available for recruitment and retention
of military personnel may be obligated and expended for recognition
items that are distributed to members of the Army Reserve and
to members of their families and other individuals recognized as
providing support that substantially facilitates service in the Army
Reserve.
‘‘(2) The purpose of the distribution of such items shall be
to enhance the recruitment and retention of members of the Army
Reserve.
‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes
of section 520c of this title and any regulation prescribed to imple-
ment that section, functions conducted for the purpose of presenting
recognition items described in subsection (a) shall be treated as
recruiting functions and recipients of such items shall be treated
as persons who are the objects of recruiting efforts.
‘‘(c) LIMITATION
ON VALUE.—The value of items referred to
in subsection (a) that are distributed to any single member of
the Army Reserve at any one time may not exceed $50.
‘‘(d) TERMINATION OF AUTHORITY.—The authority under this
section shall expire December 31, 2005.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘18506. Recruitment and retention: availability of funds for recognition items for
Army Reserve personnel.’’.
(b) USE OF FUNDS TO PROMOTE RETENTION IN THE NATIONAL
GUARD.—(1) Chapter 7 of title 32, United States Code, is amended
by adding at the end the following new section:
H. R. 4200—77
‘‘§ 717. Presentation of recognition items for retention pur-
poses
‘‘(a) EXPENDITURES FOR RECOGNITION ITEMS.—Under regula-
tions prescribed by the Secretary of the Army and the Secretary
of the Air Force, funds appropriated for the Army National Guard
or Air National Guard for the purpose of recruitment and retention
of military personnel may be expended to procure recognition items
of nominal or modest value for retention purposes and to present
such items to members of the National Guard and to members
of their families and other individuals recognized as providing sup-
port that substantially facilitates service in the National Guard.
‘‘(b) PROVISION OF MEALS AND REFRESHMENTS.—For purposes
of section 520c of title 10 and any regulation prescribed to imple-
ment that section, functions conducted for the purpose of presenting
recognition items described in subsection (a) shall be treated as
recruiting functions and recipients of such items shall be treated
as persons who are the objects of recruiting efforts.
‘‘(c) RELATION TO OTHER LAW.—The authority provided in this
section is in addition to other provision of law authorizing the
use of appropriations for recruitment and retention purposes.
‘‘(d) DEFINITION.—The term ‘recognition items of nominal or
modest value’ means commemorative coins, medals, trophies,
badges, flags, posters, paintings, or other similar items that are
valued at less than $50 per item and are designed to recognize
or commemorate service in the armed forces or National Guard.
‘‘(e) TERMINATION OF AUTHORITY.—The authority under this
section shall expire December 31, 2005.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘717. Presentation of recognition items for retention purposes.’’.
(c) EFFECTIVE DATE.—Section 18506 of title 10, United States
Code, as added by subsection (a), and section 717 of title 32,
United States Code, as added by subsection (b), shall take effect
as of November 24, 2003, and as if included in the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136).
Subtitle C—Reserve Component Personnel
Matters
SEC. 521. STATUS UNDER DISABILITY RETIREMENT SYSTEM FOR
RESERVE MEMBERS RELEASED FROM ACTIVE DUTY DUE
TO INABILITY TO PERFORM 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 perform
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
H. R. 4200—78
purposes 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.—Subsection (a) applies
in the case of a member released from active duty because of
a failure to meet—
‘‘(1) physical standards for retention due to a preexisting
condition not aggravated during the period of active duty; or
‘‘(2) medical or dental standards for deployment due to
a preexisting condition not aggravated during the period of
active duty.
‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PROVIDED WHILE
ON ACTIVE DUTY.—Notwithstanding subsection (a), any benefit
under chapter 55 of this title received by a member described
in subsection (a) or a dependent 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 begin-
ning 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 ac-
tive duty: disability system processing.’’.
SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE
DUTY TO QUALIFY FOR RETIRED PAY NOT APPLICABLE
TO NONREGULAR SERVICE RETIREMENT SYSTEM.
Section 12686(a) of title 10, United States Code, is amended
by inserting ‘‘(other than the retirement system under chapter
1223 of this title)’’ after ‘‘retirement system’’.
SEC. 523. 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 emer-
gency declared by the President or Congress)’’.
SEC. 524. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY 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 States Code, is amended
by adding at the end the following new paragraph:
‘‘(5)(A) The Secretary of the Army, under regulations and cri-
teria established by the Secretary, may provide an individual who
received a commission as a Reserve officer in the Army from a
military junior college through a program 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 requirements estab-
lished in section 2005 of this title are applicable to financial assist-
ance under this paragraph.
‘‘(D) An officer receiving financial assistance under this para-
graph shall be attached to a unit of the Army as determined
by the Secretary 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.
H. R. 4200—79
‘‘(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational assist-
ance 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 agreement.’’.
(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 paragraph:
‘‘(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 program under this chapter
and who does not have a baccalaureate degree with financial assist-
ance for pursuit of a baccalaureate degree.
‘‘(B) Such assistance is in addition to any provided under para-
graph (1) or (2).
‘‘(C) The agreement and reimbursement requirements estab-
lished in section 2005 of this title are applicable to financial assist-
ance under this paragraph.
‘‘(D) An officer receiving financial assistance under this para-
graph shall be attached to a unit of the Army as determined
by the Secretary 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 assist-
ance 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 agreement.’’.
(c) IMPLEMENTATION REPORT.—Not later than March 31, 2007,
the Secretary of the Army shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report providing information on
the experience of the Department of the Army 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
report shall include any recommendations the Secretary considers
necessary for the improvement of the programs under those para-
graphs.
SEC. 525. REPEAL OF SUNSET PROVISION FOR FINANCIAL ASSISTANCE
PROGRAM 
FOR 
STUDENTS 
NOT 
ELIGIBLE 
FOR
ADVANCED TRAINING.
Section 2103a of title 10, United States Code, is amended
by striking subsection (d).
H. R. 4200—80
SEC. 526. EFFECT OF APPOINTMENT OR COMMISSION AS OFFICER
ON ELIGIBILITY FOR SELECTED RESERVE EDUCATION
LOAN REPAYMENT PROGRAM FOR ENLISTED MEMBERS.
Section 16301(a) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘The Secretary’’ in the
first sentence and inserting ‘‘Except as provided in paragraph
(3), the Secretary of Defense’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) In the case of a commitment made by the Secretary of
Defense after the date of the enactment of this paragraph to repay
a loan under paragraph (1) conditioned upon the performance by
the borrower of service as an enlisted member under paragraph
(2), the Secretary may repay the loan for service performed by
the borrower as an officer (rather than as an enlisted member)
in the case of a borrower who, after such commitment is entered
into and while performing service as an enlisted member, accepts
an appointment or commission as a warrant officer or commissioned
officer of the Selected Reserve.’’.
SEC. 527. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPO-
NENT MEMBERS WHO PERFORM ACTIVE SERVICE.
(a) ESTABLISHMENT
OF PROGRAM.—Part IV of subtitle E of
title 10, United States Code, is amended by inserting after chapter
1606 the following new chapter:
‘‘CHAPTER 1607—EDUCATIONAL ASSISTANCE FOR RE-
SERVE COMPONENT MEMBERS SUPPORTING CONTIN-
GENCY OPERATIONS AND CERTAIN OTHER OPER-
ATIONS
‘‘Sec.
‘‘16161. Purpose.
‘‘16162. Educational assistance program.
‘‘16163. Eligibility for educational assistance.
‘‘16164. Time limitation for use of entitlement.
‘‘16165. Termination of assistance.
‘‘16166. Administration of program.
‘‘§ 16161. Purpose
‘‘The purpose of this chapter is to provide educational assistance
to members of the reserve components called or ordered to active
service in response to a war or national emergency declared by
the President or the Congress, in recognition of the sacrifices that
those members make in answering the call to duty.
‘‘§ 16162. Educational assistance program
‘‘(a) PROGRAM ESTABLISHMENT.—The Secretary of each military
department, under regulations prescribed by 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, shall establish and maintain a program as prescribed in
this chapter to provide educational assistance to members of the
Ready Reserve of the armed forces under the jurisdiction of the
Secretary concerned.
‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Educational assist-
ance may be provided under this chapter for pursuit of any program
of education that is an approved program of education for purposes
of chapter 30 of title 38.
H. R. 4200—81
‘‘(c) BENEFIT AMOUNT.—(1) The educational assistance program
established under subsection (a) shall provide for payment by the
Secretary concerned, through the Secretary of Veterans Affairs,
an educational assistance allowance to each member entitled to
educational assistance under this chapter who is pursuing a pro-
gram of education authorized under subsection (b).
‘‘(2) The educational assistance allowance provided under this
chapter shall be based on the applicable percent under paragraph
(4) to the applicable rate provided under section 3015 of title 38
for a member whose entitlement is based on completion of an
obligated period of active duty of three years.
‘‘(3) The educational assistance allowance provided under this
section for a person who is undertaking a program for which a
reduced rate is specified in chapter 30 of title 38, that rate shall
be further adjusted by the applicable percent specified in paragraph
(4).
‘‘(4) The adjusted educational assistance allowance under para-
graph (2) or (3), as applicable, shall be—
‘‘(A) 40 percent in the case of a member of a reserve
component who performed active service for 90 consecutive
days but less than one continuous year;
‘‘(B) 60 percent in the case of a member of a reserve
component who performed active service for one continuous
year but less than two continuous years; or
‘‘(C) 80 percent in the case of a member of a reserve
component who performed active service for two continuous
years or more.
‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Subject to section
3695 of title 38, the maximum number of months of educational
assistance that may be provided to any member under this chapter
is 36 (or the equivalent thereof in part-time educational assistance).
‘‘(2)(A) Notwithstanding any other provision of this chapter
or chapter 36 of title 38, any payment of an educational assistance
allowance described in subparagraph (B) shall not—
‘‘(i) be charged against the entitlement of any individual
under this chapter; or
‘‘(ii) be counted toward the aggregate period for which
section 3695 of title 38 limits an individual’s receipt of assist-
ance.
‘‘(B) The payment of the educational assistance allowance
referred to in subparagraph (A) is the payment of such an allowance
to the individual for pursuit of a course or courses under this
chapter if the Secretary of Veterans Affairs finds that the
individual—
‘‘(i) had to discontinue such course pursuit as a result
of being ordered to serve on active duty under section 12301(a),
12301(d), 12301(g), 12302, or 12304 of this title; and
‘‘(ii) failed to receive credit or training time toward comple-
tion of the individual’s approved educational, professional, or
vocational objective as a result of having to discontinue, as
described in clause (i), the individual’s course pursuit.
‘‘(C) The period for which, by reason of this subsection, an
educational assistance allowance is not charged against entitlement
or counted toward the applicable aggregate period under section
3695 of title 38 shall not exceed the portion of the period of enroll-
ment in the course or courses for which the individual failed to
H. R. 4200—82
receive credit or with respect to which the individual lost training
time, as determined under subparagraph (B)(ii).
‘‘§ 16163. Eligibility for educational assistance
‘‘(a) ELIGIBILITY.—On or after September 11, 2001, a member
of a reserve component is entitled to educational assistance under
this chapter if the member—
‘‘(1) served on active duty in support of a contingency
operation for 90 consecutive days or more; or
‘‘(2) in the case of a member of the Army National Guard
of the United States or Air National Guard of the United
States, performed full time National Guard duty under section
502(f) of title 32 for 90 consecutive days or more when author-
ized by the President or Secretary of Defense for the purpose
of responding to a national emergency declared by the President
and supported by Federal funds.
‘‘(b) DISABLED
MEMBERS.—Notwithstanding the eligibility
requirements in subsection (a), a member who was ordered to
active service as prescribed under subsection (a)(1) or (a)(2) but
is released from duty before completing 90 consecutive days because
of an injury, illness or disease incurred or aggravated in the line
of duty shall be entitled to educational assistance under this chapter
at the rate prescribed in section 16162(c)(4)(A) of this title.
‘‘(c) WRITTEN NOTIFICATION.—(1) Each member who becomes
entitled to educational assistance under subsection (a) shall be
given a statement in writing prior to release from active service
that summarizes the provisions of this chapter and stating clearly
and prominently the substance of section 16165 of this title as
such section may apply to the member.
‘‘(2) At the request of the Secretary of Veterans Affairs, the
Secretary concerned shall transmit a notice of entitlement for each
such member to that Secretary.
‘‘(d) BAR FROM DUAL ELIGIBILITY.—A member who qualifies
for educational assistance under this chapter may not receive credit
for such service under both the program established by chapter
30 of title 38 and the program established by this chapter but
shall make an irrevocable election (in such form and manner as
the Secretary of Veterans Affairs may prescribe) as to the program
to which such service is to be credited.
‘‘(e) BAR FROM DUPLICATION
OF EDUCATIONAL ASSISTANCE
ALLOWANCE.—(1) Except as provided in paragraph (2), an individual
entitled to educational assistance under this chapter who is also
eligible for educational assistance under chapter 1606 of this title,
chapter 30, 31, 32, or 35 of title 38, or under the Hostage Relief
Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not
receive assistance under more than one such programs and shall
elect (in such form and manner as the Secretary concerned may
prescribe) under which program the member elects to receive edu-
cational assistance.
‘‘(2) The restriction on duplication of educational assistance
under paragraph (1) does not apply to the entitlement of educational
assistance under section 16131(i) of this title.
‘‘§ 16164. Time limitation for use of entitlement
‘‘(a) DURATION OF ENTITLEMENT.—Except as provided in sub-
section (b), a member remains entitled to educational assistance
under this chapter while serving—
H. R. 4200—83
‘‘(1) in the Selected Reserve of the Ready Reserve, in the
case of a member called or ordered to active service while
serving in the Selected Reserve; or
‘‘(2) in the Ready Reserve, in the case of a member ordered
to active duty while serving in the Ready Reserve (other than
the Selected Reserve).
‘‘(b) DURATION
OF ENTITLEMENT
FOR DISABLED MEMBERS.—
(1) In the case of a person who is separated from the Ready
Reserve because of a disability which was not the result of the
individual’s own willful misconduct incurred on or after the date
on which such person became entitled to educational assistance
under this chapter, such person’s entitlement to educational assist-
ance expires at the end of the 10-year period beginning on the
date on which such person became entitled to such assistance.
‘‘(2) The provisions of subsections (d) and (f) of section 3031
of title 38 shall apply to the period of entitlement prescribed by
paragraph (1).
‘‘§ 16165. Termination of assistance
‘‘Educational assistance may not be provided under this
chapter, or if being provided under this chapter, shall be
terminated—
‘‘(1) if the member is receiving financial assistance under
section 2107 of this title as a member of the Senior Reserve
Officers’ Training Corps program; or
‘‘(2) when the member separates from the Ready Reserve,
as provided for under section 16164(a)(1) or section 16164(a)(2),
as applicable, of this title.
‘‘§ 16166. Administration of program
‘‘(a) ADMINISTRATION.—Educational assistance under this
chapter shall be provided through the Department of Veterans
Affairs, under agreements to be entered into by the Secretary
of Defense, and by the Secretary of Homeland Security, with the
Secretary of Veterans Affairs. Such agreements shall include
administrative procedures to ensure the prompt and timely transfer
of funds from the Secretary concerned to the Department of Vet-
erans Affairs for the making of payments under this chapter.
‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise provided in
this chapter, the provisions of sections 503, 511, 3470, 3471, 3474,
3476, 3482(g), 3483, and 3485 of title 38 and the provisions of
subchapters I and II of chapter 36 of such title (with the exception
of sections 3686(a), 3687, and 3692) shall be applicable to the
provision of educational assistance under this chapter. The term
‘eligible veteran’ and the term ‘person’, as used in those provisions,
shall be deemed for the purpose of the application of those provi-
sions to this chapter to refer to a person eligible for educational
assistance under this chapter.
‘‘(c) FLIGHT TRAINING.—The Secretary of Veterans Affairs may
approve the pursuit of flight training (in addition to a course of
flight training that may be approved under section 3680A(b) of
title 38) by an individual entitled to educational assistance under
this chapter if—
‘‘(1) such training is generally accepted as necessary for
the attainment of a recognized vocational objective in the field
of aviation;
H. R. 4200—84
‘‘(2) the individual possesses a valid private pilot certificate
and meets, on the day the member begins a course of flight
training, the medical requirements necessary for a commercial
pilot certificate; and
‘‘(3) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved
by the Federal Aviation Administration and the State approving
agency.
‘‘(d) TRUST FUND.—Amounts for payments for benefits under
this chapter shall be derived from the Department of Defense
Education Benefits Fund under section 2006 of this title.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 2006(b) of such
title is amended—
(A) in paragraph (1), by striking ‘‘chapter 1606’’ and
inserting ‘‘chapters 1606 and 1607, including funds provided
by the Secretary of Homeland Security for education liabilities
for the Coast Guard when it is not operating as a service
in the Department of the Navy’’; and
(B) in paragraph (2)(C), by striking ‘‘for educational assist-
ance under chapter 1606’’ and inserting ‘‘(including funds from
the Department in which the Coast Guard is operating) for
educational assistance under chapters 1606 and 1607’’.
(2) Section 3695(a)(5) of title 38, United States Code, is
amended by inserting ‘‘1607,’’ after ‘‘1606,’’.
(c) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of subtitle E of title 10, United States Code, and at the
beginning of part IV of such subtitle, are amended by inserting
after the item relating to chapter 1606 the following new item:
‘‘1607. Educational Assistance for Reserve Component Members Supporting
Contingency Operations and Certain Other Operations ......................16161’’.
SEC. 528. SENSE OF CONGRESS ON GUIDANCE CONCERNING TREAT-
MENT OF EMPLOYER-PROVIDED COMPENSATION AND
OTHER 
BENEFITS 
VOLUNTARILY 
PROVIDED 
TO
EMPLOYEES WHO ARE ACTIVATED RESERVISTS.
(a) SENSE OF CONGRESS.—It is the sense of Congress—
(1) that the Secretary of the Treasury should provide guid-
ance with respect to treatment under the internal revenue
laws of payments made by employers to activated Reservist
employees under voluntary Reserve-employee differential pay
arrangements, 
benefits 
provided 
by 
employers 
to 
such
employees, and contributions by employers to employer-pro-
vided retirement savings plans related thereto; and
(2) that the guidance provided under paragraph (1) should,
to the extent possible within the Secretary’s authority, be con-
sistent with the goal of promoting and ensuring the validity
of voluntary differential pay arrangements, benefits, and con-
tributions referred to in that paragraph.
(b) DEFINITIONS.—For purposes of this section:
(1) VOLUNTARY
RESERVE-EMPLOYEE
DIFFERENTIAL
PAY
ARRANGEMENT.—The term ‘‘voluntary Reserve-employee dif-
ferential pay arrangement’’ means an arrangement by which
an employer of an activated Reservist employee voluntarily
agrees to pay, and pays, to that employee, while on active
duty, amounts equivalent to the difference (or some portion
of the difference) between (A) the compensation of that
employee paid by the employer at the time of the employee’s
H. R. 4200—85
activation for such active duty, and (B) that employee’s military
compensation.
(2) ACTIVATED RESERVIST EMPLOYEE.—The term ‘‘activated
Reservist employee’’ means a member of a reserve component
of the Armed Forces who is on active duty under a call or
order to active duty (other than for training) and who at the
time of such call or order is employed in a position subject
to chapter 43 of title 38, United States Code (referred to as
the Uniformed Services Employment and Reemployment Rights
Act of 1994 (USERRA)).
Subtitle D—Joint Officer Management and
Professional Military Education
SEC. 531. STRATEGIC PLAN TO LINK JOINT OFFICER DEVELOPMENT
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 accom-
plishment 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
shall be developed for the purpose of ensuring that sufficient num-
bers of officers fully qualified in occupational specialties involving
combat operations are available as necessary to meet the needs
of the Department for qualified officers who are operationally effec-
tive in the joint environment.
(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 strategic plan
under subsection (a), the Secretary shall include the following:
(1) A statement of the levels of joint officer resources 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 officers required for service in joint duty assignment posi-
tions, and the training and education resources required.
(2) An assessment of the available and projected 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
specified under paragraph (1).
(3) Identification of any problems or issues arising from
linking resources for joint officer development to accomplish-
ment of the objective of meeting the levels specified under
paragraph (1) to resolve those problems and issues and plans.
(4) A description of the process for identification of the
present and future requirements for joint specialty officers.
(5) A description of the career development and manage-
ment of joint specialty officers and of any changes to be made
to facilitate achievement of the levels of resources specified
in paragraph (1), including additional education requirements,
promotion opportunities, and assignments to fill joint assign-
ments.
H. R. 4200—86
(6) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from linking
promotion eligibility to completion of joint professional military
education.
(7) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from linking
prescribed lengths of joint duty assignments to qualification
as joint specialty officers.
(8) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from current
law regarding expected rates of promotion for joint specialty
officers and officers who are serving in, or have served in,
joint duty assignments (other than those serving in, or who
have served in, the Joint Staff and joint specialty officers).
(9) An assessment of any problems or issues (and proposed
solutions for any such problems and issues) arising from current
applicability of scientific and technical qualification waivers
for designation as joint specialty officers.
(10) An assessment of the viability of the use of incentives
(such as awarding ribbons) to any person who successfully
completes a joint professional military education program of
instruction.
(11) An assessment of the feasibility and utility of a com-
prehensive written examination as part of the evaluation cri-
teria for selection of officers for full-time attendance at an
intermediate or senior level service school.
(12) An assessment of the effects on the overall educational
experience at the National Defense University of a small
increase in the number of private-sector civilians eligible to
enroll in instruction at the National Defense University.
(13) An assessment of the propriety and implications in
providing joint specialty officer qualification to all qualifying
reserve offices who have achieved the statutory prerequisites.
(c) INCLUSION OF RESERVE COMPONENT OFFICERS.—In devel-
oping the strategic plan required by subsection (a), the Secretary
shall include joint officer development 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 January 15, 2007,
the Secretary of Defense shall submit to 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 assess-
ment of, and initiatives to improve, the performance in joint matters
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 components.
SEC. 532. IMPROVEMENT TO PROFESSIONAL MILITARY EDUCATION
IN THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Part III of subtitle A of title 10, United
States Code, is amended—
H. R. 4200—87
(1) by redesignating chapter 107 as chapter 106A; and
(2) by inserting before chapter 108 the following 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. Joint professional military education phase II program of instruction.
‘‘2156. Joint Forces Staff College: duration of principal course of instruction.
‘‘2157. Annual report to Congress.
‘‘§ 2151. Definitions
‘‘(a) JOINT PROFESSIONAL MILITARY EDUCATION.—Joint profes-
sional military education consists of the rigorous and thorough
instruction and examination of officers of the armed forces in an
environment designed to promote a theoretical and practical in-
depth understanding of joint matters and, specifically, of the subject
matter covered. The subject matter to be covered by joint profes-
sional military education shall include at least the following:
‘‘(1) National Military Strategy.
‘‘(2) Joint planning at all levels of war.
‘‘(3) Joint doctrine.
‘‘(4) Joint command and control.
‘‘(5) Joint force and joint requirements development.
‘‘(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 War College.
‘‘(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.
‘‘(C) The Air Command and Staff College.
‘‘(D) The Marine Corps Command and Staff College.
‘‘§ 2152. Joint professional military education: general
requirements
‘‘(a) IN GENERAL.—The Secretary of Defense shall implement
a comprehensive framework for the joint professional military edu-
cation of officers, including 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 promotion 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 gen-
eral and flag officers to work with the other armed forces.
‘‘(b) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Sec-
retary of Defense may waive subsection (a)—
H. R. 4200—88
‘‘(A) in the case of an officer whose immediately previous
assignment was in a joint duty assignment and who is thor-
oughly familiar with joint matters;
‘‘(B) when necessary for the good of the service;
‘‘(C) in the case of an officer whose proposed selection
for promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist (as
determined under regulations prescribed under section 619(e)(4)
of this title); and
‘‘(D) in the case of a medical officer, dental officer, veteri-
nary 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 Sec-
retary 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, designated and
certified by the Secretary of Defense with the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff as Phase
I instruction, consisting of all the elements of a joint profes-
sional military education (as specified in section 2151(a) of
this title), in addition to the principal curriculum taught to
all officers at an intermediate level service school.
‘‘(2) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff as Phase
II instruction, consisting of a joint professional military edu-
cation curriculum taught in residence at—
‘‘(A) the Joint Forces Staff College; or
‘‘(B) a senior level service school that has been des-
ignated and certified by the Secretary of Defense as a
joint professional military education institution.
‘‘(3) There shall be a course of instruction, designated and
certified by the Secretary of Defense with the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff as the Cap-
stone course, for officers selected for promotion to the grade
of brigadier general or, in the case of the Navy, rear admiral
(lower half) and offered in accordance with section 2153 of
this title.
‘‘(b) SEQUENCED APPROACH.—The Secretary shall require the
sequencing of joint professional military education so that the
standard sequence of assignments for such education requires an
officer to complete Phase I instruction before proceeding to Phase
II instruction, as provided in section 2155(a) of this title.
‘‘§ 2155. Joint professional military education phase II pro-
gram of instruction
‘‘(a) PREREQUISITE
OF COMPLETION
OF JOINT PROFESSIONAL
MILITARY EDUCATION I PROGRAM OF INSTRUCTION.—(1) After Sep-
tember 30, 2009, an officer of the armed forces may not be accepted
H. R. 4200—89
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 instruc-
tion 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 excep-
tion may be granted only on a case-by-case basis under exceptional
circumstances, as determined by the Chairman. An officer selected
to receive such an exception shall have 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 require-
ments established for entry into Phase II instruction without first
completing Phase I instruction. The number of officers selected
to attend an offering of the principal course of instruction at the
Joint Forces Staff College or a senior level service school designated
by the Secretary of Defense as a joint professional military edu-
cation institution who have not completed Phase I instruction
should comprise no more than 10 percent 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 operational expertise 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 necessary for successful performance in the
joint arena.
‘‘(c) CURRICULUM CONTENT.—In addition to the subjects speci-
fied in section 2151(a) of this title, the curriculum 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 capabilities and
the integration of those capabilities.
‘‘(d) STUDENT RATIO; FACULTY RATIO.—Not later than Sep-
tember 30, 2009, 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 propor-
tionally represented; 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 exceed 60 percent, with the remaining services propor-
tionally represented.
H. R. 4200—90
‘‘§ 2156. Joint Forces Staff College: duration of principal
course of instruction
‘‘(a) DURATION.—The duration of the principal course of instruc-
tion offered at the Joint Forces Staff College may not be less
than 10 weeks of resident instruction.
‘‘(b) DEFINITION.—In this section, the term ‘principal course
of instruction’ means any course of instruction offered at the Joint
Forces Staff College as Phase II joint professional military edu-
cation.
‘‘§ 2157. 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 following information
(which shall be shown for the Department of Defense as a whole
and separately for the Army, Navy, Air Force, and Marine Corps
and each reserve component):
‘‘(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.’’.
(b) TRANSFER OF OTHER PROVISIONS.—Subsections (b) and (c)
of section 663 of title 10, United States Code, are transferred
to section 2152 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 ASSIGN-
MENTS.—(1) The’’ and inserting ‘‘(a) JOINT SPECIALTY OFFI-
CERS.—The’’;
(C) by striking ‘‘(2)(A) The Secretary’’ and inserting ‘‘(b)
OTHER OFFICERS.—(1) The Secretary’’;
(D) by striking ‘‘in subparagraph (B)’’ and inserting ‘‘in
paragraph (2)’’;
(E) by striking ‘‘(B) The Secretary’’ and inserting ‘‘(2) The
Secretary’’; and
(F) by striking ‘‘in subparagraph (A)’’ and inserting ‘‘in
paragraph (1)’’.
(2)(A) The heading of such section is amended to read as
follows:
‘‘§ 663. 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:
‘‘663. Joint duty assignments after completion of joint professional military edu-
cation.’’.
(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 repealed.
(e) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of subtitle A, and at the beginning of part III of subtitle
H. R. 4200—91
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. 533. JOINT REQUIREMENTS FOR PROMOTION TO FLAG OR GEN-
ERAL OFFICER GRADE.
(a) EFFECTIVE DATE FOR JOINT SPECIALTY OFFICER REQUIRE-
MENT.—Subsection (a)(2) of section 619a of title 10, United States
Code, is amended by striking ‘‘September 30, 2007’’ and inserting
‘‘September 30, 2008’’.
(b) EXCEPTION TO JOINT DUTY REQUIREMENT FOR OFFICERS
SERVING IN JOINT DUTY ASSIGNMENT WHEN CONSIDERED FOR PRO-
MOTION.—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’’.
SEC. 534. CLARIFICATION OF TOURS OF DUTY QUALIFYING AS A JOINT
DUTY ASSIGNMENT.
(a) JOINT DUTY ASSIGNMENT LIST.—Subsection (b)(2) of section
668 of title 10, United States Code, is amended by striking ‘‘a
list’’ in the matter preceding subparagraph (A) and inserting ‘‘a
joint duty assignment list’’.
(b) CONSECUTIVE TOURS
OF DUTY
IN JOINT DUTY ASSIGN-
MENTS.—Subsection (c) of such section is amended by striking
‘‘within the same organization’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (b)
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 who has continued in joint duty assign-
ments, without a break in service in such assignments, between
the end of such assignment and the date of the enactment of
this Act.
SEC. 535. TWO-YEAR EXTENSION OF TEMPORARY STANDARD FOR PRO-
MOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
Section 662(a)(2) of title 10, United States Code, is amended
by striking ‘‘December 27, 2004’’ in subparagraphs (A) and (B)
and inserting ‘‘December 27, 2006’’.
SEC. 536. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE REQUIRE-
MENT THAT RESERVE CHIEFS AND NATIONAL GUARD
DIRECTORS HAVE SIGNIFICANT JOINT DUTY EXPERI-
ENCE.
(a) EXTENSION.—Sections 3038(b)(4), 5143(b)(4), 5144(b)(4),
8038(b)(4), and 10506(a)(3)(D) of title 10, United States Code, are
amended by striking ‘‘December 31, 2004,’’ and inserting ‘‘December
31, 2006,’’.
(b) FUTURE COMPLIANCE.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the Senate
a plan for ensuring that all officers selected after December 31,
2006, for recommendation for appointment as a Reserve chief or
National Guard director have significant joint duty experience, as
required by law, and may be so recommended without requirement
for a wavier of such requirement. Such plan shall be developed
in coordination with the Chairman of the Joint Chiefs of Staff.
H. R. 4200—92
Subtitle E—Military Service Academies
SEC. 541. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS
SERVICE ACADEMY SUPERINTENDENTS.
(a) AUTHORITY TO WAIVE REQUIREMENT THAT OFFICERS RETIRE
AFTER SERVICE AS SUPERINTENDENT.—Title 10, United States Code,
is amended as follows:
(1) MILITARY ACADEMY.—Section 3921 is amended—
(A) by inserting ‘‘(a) MANDATORY
RETIREMENT.—’’
before ‘‘Upon the’’; and
(B) by adding at the end the following:
‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive
the requirement in subsection (a) for good cause. In each case
in which such a waiver is granted for an officer, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a written notification of the
waiver, with a statement of the reasons supporting the decision
that the officer not retire, and a written notification of the intent
of the President to nominate the officer for reassignment.’’.
(2) NAVAL ACADEMY.—Section 6371 is amended—
(A) by inserting ‘‘(a) MANDATORY
RETIREMENT.—’’
before ‘‘Upon the’’; and
(B) by adding at the end the following:
‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive
the requirement in subsection (a) for good cause. In each case
in which such a waiver is granted for an officer, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a written notification of the
waiver, with a statement of the reasons supporting the decision
that the officer not retire, and a written notification of the intent
of the President to nominate the officer for reassignment.’’.
(3) AIR FORCE ACADEMY.—Section 8921 is amended—
(A) by inserting ‘‘(a) MANDATORY
RETIREMENT.—’’
before ‘‘Upon the’’; and
(B) by adding at the end the following:
‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense may waive
the requirement in subsection (a) for good cause. In each case
in which such a waiver is granted for an officer, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a written notification of the
waiver, with a statement of the reasons supporting the decision
that the officer not retire, and a written notification of the intent
of the President to nominate the officer for reassignment.’’.
(b) 
MINIMUM
THREE-YEAR
TOUR
OF
DUTY
AS
SUPER-
INTENDENT.—Title 10, United States Code, is amended as follows:
(1) MILITARY ACADEMY.—Section 4333a is amended—
(A) by inserting ‘‘(a) RETIREMENT.—’’ before ‘‘As a’’;
(B) by inserting before the period at the end the fol-
lowing: ‘‘pursuant to section 3921(a) of this title, unless
such retirement is waived under section 3921(b) of this
title’’; and
(C) by adding at the end the following:
‘‘(b) MINIMUM TOUR OF DUTY.—An officer who is detailed to
the position of Superintendent of the Academy 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
H. R. 4200—93
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 Army shall submit 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 service in
that position.’’.
(2) NAVAL ACADEMY.—Section 6951a is amended—
(A) by inserting before the period at the end of sub-
section (b) the following: ‘‘pursuant to section 6371(a) of
this title, unless such retirement is waived under section
6371(b) of this title’’; and
(B) by adding at the end the following new subsection:
‘‘(c) An officer who is detailed to the position of Superintendent
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 otherwise 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, together
with a statement of the reasons why that officer did not complete
three years service in that position.’’.
(3) AIR FORCE ACADEMY.—Section 9333a is amended—
(A) by inserting ‘‘(a) RETIREMENT.—’’ before ‘‘As a’’;
(B) by inserting before the period at the end the fol-
lowing: ‘‘pursuant to section 8921(a) of this title, unless
such retirement is waived under section 8921(b) of this
title’’; and
(C) by adding at the end the following:
‘‘(b) MINIMUM TOUR OF DUTY.—An officer who is detailed to
the position of Superintendent of the Academy 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 Air Force shall submit 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 service in
that position.’’.
(c) CLERICAL AMENDMENTS.—Title 10, United States Code, is
amended as follows:
(1)(A) The heading for section 3921 is amended to read
as follows:
H. R. 4200—94
‘‘§ 3921. Mandatory retirement: Superintendent of the United
States Military Academy; waiver authority’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 367 is amended to read as follows:
‘‘3921. Mandatory retirement: Superintendent of the United States Military Acad-
emy; waiver authority.’’.
(2)(A) The heading for section 6371 is amended to read
as follows:
‘‘§ 6371. Mandatory retirement: Superintendent of the United
States Naval Academy; waiver authority’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 573 is amended to read as follows:
‘‘6371. Mandatory retirement: Superintendent of the United States Naval Academy;
waiver authority.’’.
(3)(A) The heading for section 8921 is amended to read
as follows:
‘‘§ 8921. Mandatory retirement: Superintendent of the United
States Air Force Academy; waiver authority’’.
(B) The item relating to that section in the table of sections
at the beginning of chapter 867 is amended to read as follows:
‘‘8921. Mandatory retirement: Superintendent of the United States Air Force Acad-
emy; waiver authority.’’.
SEC. 542. ACADEMIC 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 a person may not be appointed or
assigned as Dean unless that person holds the highest academic
degree in that person’s academic field’’.
SEC. 543. 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 constituted annually.
The Board consists of the following members:
‘‘(1) Six persons designated by the President.
‘‘(2) The chairman of the Committee on Armed Services
of the House of Representatives, or his designee.
‘‘(3) 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.
‘‘(4) The chairman of the Committee on Armed Services
of the Senate, or his designee.
‘‘(5) Three other members of the Senate designated by
the Vice President or the President pro tempore of the Senate,
two of whom are members of the Committee on Appropriations
of the Senate.
‘‘(b)(1) The persons designated by the President serve for three
years each except that any member whose term of office has expired
H. R. 4200—95
shall continue to serve until his successor is designated. The Presi-
dent shall designate persons 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 portion of the term by the official
who designated the member.
‘‘(2)(A) 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 termination from membership on the Board.
A person designated for membership on the Board shall be provided
notice of the provisions of this paragraph at the time of such
designation.
‘‘(B) Termination of membership on the Board under subpara-
graph (A)—
‘‘(i) in the case of a member of the Board who is not
a member of Congress, may be made by the Board chairman;
and
‘‘(ii) in the case of a member of the Board who is a member
of Congress, may be made only by the official who designated
the member.
‘‘(C) When a member of the Board is subject to termination
from membership on the Board under subparagraph (A), the Board
chairman shall notify the official who designated the member. Upon
receipt of such a notification with respect to a member of the
Board who is a member of Congress, the official who designated
the member shall take such action as that official considers appro-
priate.
‘‘(d) 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. 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
Academy for the purposes of the duties of the Board.
‘‘(e)(1) The Board shall inquire into the morale, discipline, and
social climate, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating to
the Academy that the Board decides to consider.
‘‘(2) The Secretary of the Air Force and the Superintendent
of the Academy shall provide the Board candid and complete disclo-
sure, consistent with applicable laws concerning disclosure of
information, with respect to institutional problems.
‘‘(3) The Board shall recommend appropriate action.
‘‘(f) The Board shall prepare a semiannual report containing
its views and recommendations pertaining to the Academy, based
on its meeting since the last such report and any other consider-
ations it determines relevant. Each such report shall be submitted
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.
‘‘(g) Upon approval by the Secretary, the Board may call in
advisers for consultation.
H. R. 4200—96
‘‘(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. 544. APPROPRIATED FUNDS FOR SERVICE ACADEMY ATHLETIC
AND RECREATIONAL EXTRACURRICULAR PROGRAMS TO
BE TREATED IN SAME MANNER AS FOR MILITARY
MORALE, WELFARE, AND RECREATION PROGRAMS.
(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. 
Mixed-funded 
athletic 
and 
recreational 
extra-
curricular programs: authority to manage appro-
priated 
funds 
in 
same 
manner 
as 
non-
appropriated funds
‘‘(a) AUTHORITY.—In the case of an Academy mixed-funded ath-
letic or recreational extracurricular program, the Secretary of the
Army may designate funds appropriated to the Department of the
Army and available for that program to be treated as non-
appropriated funds and expended for that program in accordance
with laws applicable to the expenditure of nonappropriated funds.
Appropriated funds so designated shall be considered to be non-
appropriated funds for all purposes and shall remain available
until expended.
‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Academy
mixed-funded athletic or recreational extracurricular program’
means an athletic or recreational extracurricular program of the
Academy to which each of the following applies:
‘‘(1) The program is not considered a morale, welfare, or
recreation program.
‘‘(2) The program is supported through appropriated funds.
‘‘(3) The program is supported by a nonappropriated fund
instrumentality.
‘‘(4) The program is not a private organization and is not
operated by a private organization.’’.
(2) The table of sections at the beginning of such title is
amended by adding at the end the following new item:
‘‘4359. Mixed-funded athletic and recreational extracurricular programs: authority
to manage appropriated funds in same manner as nonappropriated
funds.’’.
(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. 
Mixed-funded 
athletic 
and 
recreational 
extra-
curricular programs: authority to manage appro-
priated 
funds 
in 
same 
manner 
as 
non-
appropriated funds
‘‘(a) AUTHORITY.—In the case of a Naval Academy mixed-funded
athletic or recreational extracurricular program, the Secretary of
the Navy may designate funds appropriated to the Department
of the Navy and available for that program to be treated as non-
appropriated funds and expended for that program in accordance
with laws applicable to the expenditure of nonappropriated funds.
H. R. 4200—97
Appropriated funds so designated shall be considered to be non-
appropriated funds for all purposes and shall remain available
until expended.
‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Naval
Academy mixed-funded athletic or recreational extracurricular pro-
gram’ means an athletic or recreational extracurricular program
of the Naval Academy to which each of the following applies:
‘‘(1) The program is not considered a morale, welfare, or
recreation program.
‘‘(2) The program is supported through appropriated funds.
‘‘(3) The program is supported by a nonappropriated fund
instrumentality.
‘‘(4) The program is not a private organization and is not
operated by a private organization.’’.
(2) The table of sections at the beginning of such title is
amended by adding at the end the following new item:
‘‘6978. Mixed-funded athletic and recreational extracurricular programs: authority
to manage appropriated funds in same manner as nonappropriated
funds.’’.
(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. 
Mixed-funded 
athletic 
and 
recreational 
extra-
curricular programs: authority to manage appro-
priated 
funds 
in 
same 
manner 
as 
non-
appropriated funds
‘‘(a) AUTHORITY.—In the case of an Academy mixed-funded ath-
letic or recreational extracurricular program, the Secretary of the
Air Force may designate funds appropriated to the Department
of the Air Force and available for that program to be treated
as nonappropriated funds and expended for that program in accord-
ance with laws applicable to the expenditure of nonappropriated
funds. Appropriated funds so designated shall be considered to
be nonappropriated funds for all purposes and shall remain avail-
able until expended.
‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Academy
mixed-funded athletic or recreational extracurricular program’
means an athletic or recreational extracurricular program of the
Academy to which each of the following applies:
‘‘(1) The program is not considered a morale, welfare, or
recreation program.
‘‘(2) The program is supported through appropriated funds.
‘‘(3) The program is supported by a nonappropriated fund
instrumentality.
‘‘(4) The program is not a private organization and is not
operated by a private organization.’’.
(2) The table of sections at the beginning of such title is
amended by adding at the end the following new item:
‘‘9359. Mixed-funded athletic and recreational extracurricular programs: authority
to manage appropriated funds in same manner as nonappropriated
funds.’’.
(d) EFFECTIVE DATE AND APPLICABILITY.—Sections 4359, 6978,
and 9359 of title 10, United States Code, shall apply only with
respect to funds appropriated for fiscal years after fiscal year 2004.
H. R. 4200—98
SEC. 545. 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, as amended by 544(a)(1), is further
amended by adding at the end the following new section:
‘‘§ 4360. Cadets: charges and fees for attendance; limitation
‘‘(a) PROHIBITION.—Except as provided in subsection (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 subsection (a)
does not apply with respect to any item or service provided to
cadets 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 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 after the item added by section 544(a)(2)
the following new item:
‘‘4360. Cadets: charges and fees for attendance; limitation.’’.
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of title
10, United States Code, as amended by 544(b)(1), is further
amended by adding at the end the following new section:
‘‘§ 6979. Midshipmen: charges and fees for attendance; limita-
tion
‘‘(a) PROHIBITION.—Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Naval Academy may be imposed unless the charge or fee is specifi-
cally authorized by a law enacted after October 5, 1994.
‘‘(b) EXCEPTION.—The prohibition specified in subsection (a)
does not apply with respect to any item or service 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.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item added by section 544(b)(2)
the following new item:
‘‘6979. Midshipmen: charges and fees for attendance; limitation.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 title
10, United States Code, as amended by 544(c)(1), is further amended
by adding at the end the following new section:
‘‘§ 9360. Cadets: charges and fees for attendance; limitation
‘‘(a) PROHIBITION.—Except as provided in subsection (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 subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5, 1994.
The Secretary of Defense shall notify Congress of any change made
H. R. 4200—99
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 after the item added by section 544(c)(2)
the following new item:
‘‘9360. Cadets: charges and fees for attendance; limitation.’’.
(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; limitation
‘‘(a) PROHIBITION.—Except as provided in subsection (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 subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5, 1994.
The Secretary of Homeland Security 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 ACADEMY.—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:
‘‘(j) LIMITATION ON CHARGES AND FEES FOR ATTENDANCE.—
‘‘(1) Except as provided in paragraph (2), no charge or
fee for tuition, room, or board for attendance at the Academy
may be imposed unless the charge or fee is specifically author-
ized by a law enacted 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 imposed 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 repealed.
Subtitle F—Other Education and Training
Matters
SEC. 551. COLLEGE FIRST DELAYED ENLISTMENT PROGRAM.
(a) CODIFICATION
AND EXTENSION
OF ARMY PROGRAM.—(1)
Chapter 31 of title 10, United States Code, is amended by inserting
after section 510 the following new section:
‘‘§ 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, persons entering the armed
H. R. 4200—109
Subtitle I—Military Voting
SEC. 566. FEDERAL WRITE-IN BALLOTS FOR ABSENTEE MILITARY
VOTERS LOCATED IN THE UNITED STATES.
(a) DUTIES OF PRESIDENTIAL DESIGNEE.—Section 101(b)(3) of
the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(b)(3)) is amended by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas voters’’.
(b) STATE RESPONSIBILITIES.—Section 102(a)(3) of such Act (42
U.S.C. 1973ff–1(a)(3)) is amended by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas voters’’.
(c) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section 103 of such
Act (42 U.S.C. 1973ff–2) is amended—
(1) in subsection (a), by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas
voters’’;
(2) in subsection (b), by striking the second sentence and
inserting the following new sentence: ‘‘A Federal write-in
absentee ballot of an absent uniformed services voter or over-
seas voter shall not be counted—
‘‘(1) in the case of a ballot submitted by an overseas voter
who is not an absent uniformed services voter, if the ballot
is submitted from any location in the United States;
‘‘(2) if the application of the absent uniformed services
voter or overseas voter for a State absentee ballot is received
by the appropriate State election official after the later of—
‘‘(A) the deadline of the State for receipt of such
application; or
‘‘(B) the date that is 30 days before the general election;
or
‘‘(3) if a State absentee ballot of the absent uniformed
services voter or overseas voter is received by the appropriate
State election official not later than the deadline for receipt
of the State absentee ballot under State law.’’;
(3) in subsection (c)(1), by striking ‘‘overseas voter’’ and
inserting ‘‘absent uniformed services voter or overseas voter’’;
(4) in subsection (d), by striking ‘‘overseas voter’’ both places
it appears and inserting ‘‘absent uniformed services voter or
overseas voter’’; and
(5) in subsection (e)(2), by striking ‘‘overseas voters’’ and
inserting ‘‘absent uniformed services voters and overseas
voters’’.
(d) CONFORMING AMENDMENTS.—(1) The heading of section 103
of such Act is amended to read as follows:
‘‘SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT IN GENERAL ELEC-
TIONS FOR FEDERAL OFFICE FOR ABSENT UNIFORMED
SERVICES VOTERS AND OVERSEAS VOTERS.’’.
(2) The subsection caption for subsection (d) of such section
is amended by striking ‘‘OVERSEAS VOTER’’ and inserting ‘‘ABSENT
UNIFORMED SERVICES VOTER OR OVERSEAS VOTER’’.
SEC. 567. REPEAL OF REQUIREMENT TO CONDUCT ELECTRONIC
VOTING DEMONSTRATION PROJECT FOR THE FEDERAL
ELECTION TO BE HELD IN NOVEMBER 2004.
The first sentence of section 1604(a)(2) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115
H. R. 4200—139
(c) EFFECTIVE DATE.—Paragraph (2) of section 307a(e) of title
37, United States Code, as added by subsection (b), shall apply
with respect to authorized leave occurring on or after the date
of the enactment of this Act.
SEC. 618. MODIFICATION OF ACTIVE AND RESERVE COMPONENT
REENLISTMENT AND ENLISTMENT BONUS AUTHORITIES.
(a) ACTIVE-DUTY REENLISTMENT BONUS.—(1) Paragraph (1) of
subsection (a) of section 308 of title 37, United States Code, is
amended—
(A) in the matter preceding subparagraph (A), by striking
‘‘A member’’ and inserting ‘‘The Secretary concerned may pay
a bonus under paragraph (2) to a member’’;
(B) in subparagraph (A), by striking ‘‘fourteen years’’ and
inserting ‘‘16 years’’;
(C) in subparagraph (D), by striking the semicolon at the
end and inserting a period; and
(D) by striking ‘‘may be paid a bonus as provided in para-
graph (2).’’.
(2) Paragraph (3) of such subsection is amended by striking
‘‘16 years’’ and inserting ‘‘18 years’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—(1) Subsection
(a) of section 308b of title 37, United States Code, is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘An enlisted member’’ and inserting ‘‘The Secretary concerned
may pay a bonus under subsection (b) to an enlisted member’’;
(B) in paragraph (1), by striking ‘‘less than 14 years’’ and
inserting ‘‘not more than 16 years’’;
(C) in paragraph (2), by striking the semicolon at the
end and inserting a period; and
(D) by striking ‘‘may be paid a bonus as provided in sub-
section (b).’’.
(2) Subsection (b)(1) of such section is amended—
(A) in subparagraph (A), by striking ‘‘$5,000’’ and inserting
‘‘$15,000’’;
(B) in subparagraph (B), by striking ‘‘$2,500’’ and inserting
‘‘$7,500’’; and
(C) in subparagraph (C), by striking ‘‘$2,000’’ and inserting
‘‘$6,000’’.
(3) Paragraph (2) of subsection (b) of such section is amended
to read as follows:
‘‘(2) Bonus payments authorized under this section may be
paid in either a lump sum or in installments. If the bonus is
paid in installments, the initial payment shall be not less than
50 percent of the total bonus amount. The Secretary concerned
shall prescribe the amount of each subsequent installment payment
and the schedule for making the installment payments.’’.
(4) Subsection (c) of such section is amended—
(A) in the subsection heading, by striking ‘‘; LIMITATION
ON NUMBER OF BONUSES’’; and
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(c) SELECTED RESERVE ENLISTMENT BONUS.—(1) Subsection (b)
of section 308c of title 37, United States Code, is amended by
striking ‘‘$8,000’’ and inserting ‘‘$10,000’’.
(2) Subsection (f) of such section is amended to read as follows:
H. R. 4200—140
‘‘(f) A member 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.’’.
(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT
PRIOR SERVICE.—Section 308g(b) of title 37, United States Code,
is amended—
(1) by striking ‘‘$1,000’’ and inserting ‘‘$3,000’’; and
(2) by adding at the end the following new sentence: ‘‘A
person entitled to a bonus under this section who is called
or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.’’.
(e) PRIOR SERVICE READY RESERVE BONUS.—Section 308h(b)
of title 37, United States Code, is amended—
(1) in paragraph (2)(A), by striking ‘‘$1,500’’ and inserting
‘‘$3,000’’;
(2) in paragraph (2)(B), by striking ‘‘$750’’ and inserting
‘‘$1,500’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) A person entitled to a bonus under this section who is
called or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.’’.
(f) 
PRIOR
SERVICE
ENLISTMENT
BONUS
FOR
SELECTED
RESERVE.—(1) Subsection (a)(2)(A) of section 308i of title 37, United
States Code, is amended by striking ‘‘less than 14 years’’ and
inserting ‘‘not more than 16 years’’.
(2) Paragraph (1) of subsection (b) of such section is amended—
(A) in subparagraph (A), by striking ‘‘$8,000’’ and inserting
‘‘$15,000’’;
(B) in subparagraph (B), by striking ‘‘$4,000’’ and inserting
‘‘$7,500’’; and
(C) in subparagraph (C), by striking ‘‘$3,500’’ and inserting
‘‘$6,000’’.
(3) Such subsection is further amended by adding at the end
the following new paragraph:
‘‘(3) A person entitled to a bonus under this section who is
called or ordered to active duty shall be paid, during that period
of active duty, any amount of the bonus that becomes payable
to the member during that period of active duty.’’.
(g) EFFECTIVE DATE.—The amendment made by subsection
(a)(2) shall apply only with respect to the computation of a bonus
under section 308(a)(2)(A) of title 37, United States Code, made
on or after the date of the enactment of this Act.
SEC. 619. BONUS FOR CERTAIN INITIAL SERVICE OF OFFICERS IN
THE SELECTED RESERVE.
(a) AUTHORITY.—Chapter 5 of title 37, United States Code,
is amended by inserting after section 308i the following new section:
‘‘§ 308j. Special pay: bonus for certain initial service of offi-
cers in the Selected Reserve
‘‘(a) AFFILIATION BONUS.—(1) The Secretary concerned may pay
an affiliation bonus under this section to an eligible officer in
any of the armed forces who enters into an agreement with the
Secretary to serve, for the period specified in the agreement, in
H. R. 4200—141
the Selected Reserve of the Ready Reserve of an armed force under
the Secretary’s jurisdiction—
‘‘(A) in a critical officer skill designated under paragraph
(3); or
‘‘(B) to meet a manpower shortage in—
‘‘(i) a unit of that Selected Reserve; or
‘‘(ii) a particular pay grade in that armed force.
‘‘(2) An officer is eligible for an affiliation bonus under this
section if the officer—
‘‘(A) either—
‘‘(i) is serving on active duty for a period of more
than 30 days; or
‘‘(ii) is a member of a reserve component not on active
duty and, if the member formerly served on active duty,
was released from active duty under honorable conditions;
‘‘(B) has not previously served in the Selected Reserve
of the Ready Reserve; and
‘‘(C) is not entitled to receive retired or retainer pay.
‘‘(3)(A) The Secretary concerned shall designate for an armed
force under the Secretary’s jurisdiction the critical officer skills
to which the bonus authority under this subsection is to be applied.
‘‘(B) A skill may be designated as a critical officer skill for
an armed force under subparagraph (A) if, to meet requirements
of that armed force, it is critical for that armed force to have
a sufficient number of officers who are qualified in that skill.
‘‘(4) An affiliation bonus payable pursuant to an agreement
under this section to an eligible officer accrues on the date on
which the person is assigned to a unit or position in the Selected
Reserve pursuant to such agreement.
‘‘(b) ACCESSION BONUS.—(1) The Secretary concerned may pay
an accession bonus under this section to an eligible person who
enters into an agreement with the Secretary—
‘‘(A) to accept an appointment as an officer in the armed
forces; and
‘‘(B) to serve in the Selected Reserve of the Ready Reserve
in a skill designated under paragraph (2) for a period specified
in the agreement.
‘‘(2)(A) The Secretary concerned shall designate for an armed
force under the Secretary’s jurisdiction the officer skills to which
the authority under this subsection is to be applied.
‘‘(B) A skill may be designated for an armed force under
subparagraph (A) if, to mitigate a current or projected significant
shortage of personnel in that armed force who are qualified in
that skill, it is critical to increase the number of persons accessed
into that armed force who are qualified in that skill or are to
be trained in that skill.
‘‘(3) An accession bonus payable to a person pursuant to an
agreement under this section accrues on the date on which that
agreement is accepted by the Secretary concerned.
‘‘(c) PERIOD OF OBLIGATED SERVICE.—An agreement entered
into with the Secretary concerned under this section shall require
the person entering into that agreement to serve in the Selected
Reserve for a specified period. The period specified in the agreement
shall be any period not less than three years that the Secretary
concerned determines appropriate to meet the needs of the reserve
component in which the service is to be performed.
H. R. 4200—152
States Code, pursuant to the preceding sentence are adjusted to
achieve the objectives set forth in subsection (b) of that section.
SEC. 645. ONE-YEAR OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN-
EFIT PLAN COMMENCING OCTOBER 1, 2005.
(a) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BEN-
EFIT PLAN.—
(1) ELECTION
OF
SBP
COVERAGE.—An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open enrollment period specified in subsection
(f).
(2) ELECTION OF SUPPLEMENTAL ANNUITY COVERAGE.—An
eligible retired or former member who elects under paragraph
(1) to participate in the Survivor Benefit Plan at the maximum
level may also elect during the open enrollment period to
participate in the Supplemental Survivor Benefit Plan.
(3) ELIGIBLE RETIRED OR FORMER MEMBER.—For purposes
of paragraphs (1) and (2), an eligible retired or former member
is a member or former member of the uniformed services who
on the day before the first day of the open enrollment period
is not a participant in the Survivor Benefit Plan and—
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code, but for the fact that
such member or former member is under 60 years of age.
(4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.—
(A) STANDARD ANNUITY.—A person making an election
under paragraph (1) by reason of eligibility under para-
graph (3)(A) shall be treated for all purposes as providing
a standard annuity under the Survivor Benefit Plan.
(B) RESERVE-COMPONENT ANNUITY.—A person making
an election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all purposes
as providing a reserve-component annuity under the Sur-
vivor Benefit Plan.
(b) ELECTION TO INCREASE COVERAGE UNDER SBP.—A person
who on the day before the first day of the open enrollment period
is a participant in the Survivor Benefit Plan but is not participating
at the maximum base amount or is providing coverage under the
Plan for a dependent child and not for the person’s spouse or
former spouse may, during the open enrollment period, elect to—
(1) participate in the Plan at a higher base amount (not
in excess of the participant’s retired pay); or
(2) provide annuity coverage under the Plan for the person’s
spouse or former spouse at a base amount not less than the
base amount provided for the dependent child.
(c) ELECTION FOR CURRENT SBP PARTICIPANTS TO PARTICIPATE
IN SUPPLEMENTAL SBP.—
(1) ELECTION.—A person who is eligible to make an election
under this paragraph may elect during the open enrollment
period to participate in the Supplemental Survivor Benefit Plan.
(2) PERSONS ELIGIBLE.—Except as provided in paragraph
(3), a person is eligible to make an election under paragraph
(1) if on the day before the first day of the open enrollment
period the person is a participant in the Survivor Benefit Plan
at the maximum level, or during the open enrollment period
the person increases the level of such participation to the
H. R. 4200—248
‘‘§ 2649. 
Civilian 
passengers 
and 
commercial 
cargoes:
transportation on Department of Defense ves-
sels’’;
(B) by striking ‘‘(1) on vessels’’ and all that follows through
‘‘Department of the Army’’;
(C) by striking ‘‘any transport agency of’’; and
(D) by striking ‘‘Secretary of the Army’’ and all that follows
through ‘‘be transported’’ and inserting ‘‘Secretary of Defense,
be transported’’.
(3) Section 2650 of such title, as transferred and redesignated
by subsection (a), is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘Army transport agencies’’ and all that follows through ‘‘mili-
tary transport agency of’’;
(B) in paragraph (1), by striking ‘‘Secretary of the Army’’
and inserting ‘‘Secretary of Defense’’; and
(C) in paragraph (4), by striking ‘‘by air—’’ and all that
follows through ‘‘the transportation cannot’’ and inserting ‘‘by
air, the transportation cannot’’.
(4) Section 2651 of such title, as transferred and redesignated
by subsection (a), is amended by striking ‘‘Army transport agencies’’
and all that follows and inserting ‘‘the Department of Defense,
under regulations and at rates to be prescribed by the Secretary
of Defense.’’.
(c) REPEAL OF SUPERSEDED AND OBSOLETE PROVISIONS.—The
following sections of such title are repealed: sections 4741, 4743,
9741, 9743, and 9746.
(d) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of chapter 157
of such title is amended by adding at the end the following
new items:
‘‘2648. Persons and supplies: sea transportation.
‘‘2649. Civilian passengers and commercial cargoes: transportation on Department
of Defense vessels.
‘‘2650. Civilian personnel in Alaska.
‘‘2651. Passengers and merchandise to Guam: sea transport.’’.
(2) The table of sections at the beginning of chapter 447
of such title is amended by striking the items relating to
sections 4741, 4743, 4744, 4745, 4746, and 4747.
(3) The table of sections at the beginning of chapter 947
of such title is amended by striking the items relating to
sections 9741, 9743, and 9746.
SEC. 1073. EVALUATION OF PROCUREMENT PRACTICES RELATING TO
TRANSPORTATION OF SECURITY-SENSITIVE CARGO.
(a) EVALUATION REQUIREMENT.—The Secretary of Defense shall
evaluate the procurement practices of the Department of Defense
in the award of service contracts for domestic freight transportation
for security-sensitive cargo (such as arms, ammunitions, explosives,
and classified material) to determine whether such practices are
in the best interests of the Department of Defense.
(b) REPORT.—Not later than January 1, 2005, the Secretary
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the
results of the evaluation conducted under subsection (a).
H. R. 4200—254
(1) Section 301a(b)(4) is amended by striking ‘‘section
301(a)(11)’’ and inserting ‘‘section 301(a)(13)’’.
(2) Section 323(h) is amended by striking ‘‘Secretary of
Transportation’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’.
(f) PUBLIC LAW 108–136.—Effective as of November 24, 2003,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136) is
amended as follows:
(1) Sections 832(a) and 834(a) (117 Stat. 1550) are each
amended by striking ‘‘such title’’ and inserting ‘‘title 10, United
States Code,’’.
(2) Section 931(a)(1) (117 Stat. 1580) is amended by striking
‘‘and donations’’ in the first quoted matter and inserting ‘‘or
donations’’.
(3) Section 2204(b) (117 Stat. 1706) is amended by striking
‘‘section 2101(a)’’ each place it appears and inserting ‘‘section
2201(a)’’.
(g) PUBLIC LAW 107–314.—Effective as of December 2, 2002,
and as if included therein as enacted, section 1064(a)(2) of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107–314; 116 Stat. 2654) is amended by inserting
‘‘the item relating to’’ after ‘‘is amended by inserting after’’.
(h) PUBLIC LAW 107–107.—Effective as of December 28, 2001,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–107) is
amended as follows:
(1) Section 824(a)(1)(C) (115 Stat. 1183) is amended by
striking ‘‘(3)(A)’’ and inserting ‘‘(3)(B)’’.
(2) Section 1048(e)(4) (115 Stat. 1227) is amended by
striking ‘‘Subsection’’ and inserting ‘‘Section’’.
(3) Section 1111(c) (115 Stat. 1238) is amended by striking
‘‘This provision’’ and inserting ‘‘Section 5949 of title 5, United
States Code, as added by subsection (a),’’.
(i) PUBLIC LAW 101–510.—Section 2902(e)(2)(B) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note) is amended—
(1) in clause (i), by striking ‘‘Subcommittee on Readiness,
Sustainability, and Support’’ and inserting ‘‘Subcommittee on
Readiness and Management Support’’; and
(2) in clause (ii), by striking ‘‘Subcommittee on Military
Installations and Facilities’’ and inserting ‘‘Subcommittee on
Readiness’’.
(j) 
NATIONAL
SECURITY
ACT
OF
1947.—Sections
702(a)(6)(B)(iv)(I), 703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the
National Security Act of 1947 are amended by striking ‘‘responsible
records’’ and inserting ‘‘responsive records’’.
(k) CODIFICATION RELATING
TO LEAVE
FOR ATTENDANCE
AT
CERTAIN HEARINGS.—Subsection (b) of section 363 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(10 U.S.C. 704 note) is—
(1) transferred to section 704 of title 10, United States
Code;
(2) inserted at the end of that section;
(3) redesignated as subsection (c); and
(4) amended—