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H.R.1815
National Defense Authorization Act for Fiscal Year 2006 (Reported in House)
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF SELECTED RESERVE.
(a) Eligibility of Senior Enlisted Members- Subsection
(a)(1) of section 308b of title 37, United States Code, is amended by
striking `16 years of total military service' and inserting `20 years
of total military service'.
(b) Computation of Bonus Amount- Subsection (b) of such section is amended by adding at the end the following new paragraph:
`(3) Any portion of a term of reenlistment or extension
of enlistment of a member that, when added to the total years of
service of the member at the time of discharge or release, exceeds 24
years may not be used in computing the total bonus amount under
paragraph (1).'.
(c) Authority to Waive Eligibility Requirements-
Subsection (c)(2) of such section is amended by striking `In the case'
and all that follows through `the Secretary' and inserting `In time of
war or national emergency, the Secretary'.
SEC. 620. COMBINATION OF AFFILIATION AND ACCESSION BONUSES FOR SERVICE IN THE SELECTED RESERVE.
(a) Bonuses Authorized- Section 308c of title 37, United States Code, is amended to read as follows:
`Sec. 308c. Special pay: bonus for affiliation or enlistment in the Select Reserve
`(a) Affiliation Bonus Authorized- (1) The Secretary
concerned may pay an affiliation bonus to an enlisted member of an
armed force who--
`(A) has completed fewer than 20 total years of military service; and
`(B) executes a written agreement with the
Secretary to serve in the Selected Reserve, after being discharged or
released from active duty, for a period of not less than three years in
a skill, unit, or pay grade designated under paragraph (2).
`(2) The Secretary concerned shall designate the
critical skills, units, and pay grades for which an affiliation bonus
is available under this subsection.
`(b) Accession Bonus Authorized- The Secretary concerned may pay an accession bonus to a person who--
`(1) has not previously served in the armed forces; and
`(2) executes a written agreement to serve as an
enlisted member in the Selected Reserve for a period of not less than
three years.
`(c) Limitation on Amount of Bonus- The amount of a bonus under subsection (a) or (b) may not exceed $15,000.
`(d) Payment Method- Upon acceptance of a written
agreement by the Secretary concerned under subsection (a) or (b), the
total amount of the bonus payable under the agreement becomes fixed.
The agreement shall specify whether the bonus will be paid by the
Secretary in a lump sum or in installments.
`(e) Payment to Mobilized Members- A member of the
Selected Reserve 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) Repayment- A person who enters into an agreement
under subsection (a) or (b) and receives all or part of the bonus under
the agreement, but who does not commence to serve in the Selected
Reserve or does not satisfactorily participate in the Selected Reserve
for the total period of service specified in the agreement, shall be
subject to the repayment provisions of section 303a(e) of this title.
`(g) Regulations- This section shall be administered
under regulations prescribed by the Secretary of Defense for the armed
forces under the jurisdiction of the Secretary of Defense and by the
Secretary of Homeland Security for the Coast Guard when it is not
operating as a service in the Navy.
`(h) Termination of Bonus Authority- No bonus may be
paid under this section with respect to any agreement under subsection
(a) or (b) entered into after December 31, 2006.'.
(b) Repeal of Separate Reserve Affiliation Bonus- Section 308e of such title is repealed.
(c) Clerical Amendments- The table of sections at the beginning of chapter 5 of such title is amended--
(1) by striking the item relating to section 308c and inserting the following new item:
`308c. Special pay: bonus for affiliation or enlistment the Select Reserve.'
(2) by striking the item relating to section 308e.
(d) Limitation on Fiscal Year 2006 Obligations- During
fiscal year 2006, obligations incurred under section 308c of title 37,
United States Code, to provide bonuses for affiliation or enlistment in
the Select Reserve using the expanded authority provided by the
amendment made by subsection (a) may not exceed $30,000,000. The bonus
authority available under such section shall not be considered to be an
expanded authority to the extent that the authority was available under
section 308e of such title, before the repeal of such section by
subsection (b).
SEC. 621. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE ENLISTMENT BONUS.
Section 308i(a)(2) of title 37, United States Code, is
amended by striking subparagraph (A) and inserting the following new
subparagraph:
`(A) The person has not more than 16 years of total
military service and received an honorable discharge at the conclusion
of all prior periods of service.'.
SEC. 622. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLISTMENT BONUS.
(a) Increase- Section 309(a) of title 37, United States Code, is amended by striking `$20,000' and inserting `$30,000'.
(b) Limitation on Fiscal Year 2006 Obligations- During
fiscal year 2006, obligations incurred under section 309 of title 37,
United States Code, to provide enlistment bonuses in the increased
amounts authorized by the amendment made by subsection (a) may not
exceed $30,000,000.
SEC. 623. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER PAY.
Section 310(c) of title 37, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
(2) by inserting before paragraph (2), as so redesignated, the following new paragraph (1):
`(1) In the case of an area described in subparagraph
(B) or (D) of subsection (a)(2), the Secretary of Defense shall be
responsible for designating the period during which duty in the area
will qualify members for special pay under this section. The effective
date designated for the commencement of such a period may be a date
occurring before, on, or after the actual date on which the Secretary
makes the designation. If the commencement date for such a period is a
date occurring before the date on which the Secretary makes the
designation, the payment of special pay under this section for the
period between the commencement date and the date on which the
Secretary made the designation shall be subject to the availability of
appropriated funds for that purpose.'.
SEC. 624. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.
Section 312(a) of title 37, United States Code, is amended by striking `$25,000' and inserting `$30,000'.
SEC. 625. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER
ANNUAL INCENTIVE BONUS FOR NUCLEAR-QUALIFIED OFFICERS TRAINED WHILE
SERVING AS ENLISTED MEMBERS.
Section 312c(b)(1) of title 37, United States Code, is amended by striking `$10,000' and inserting `14,000'.
SEC. 626. UNIFORM PAYMENT OF FOREIGN LANGUAGE
PROFICIENCY PAY TO ELIGIBLE RESERVE COMPONENT MEMBERS AND REGULAR
COMPONENT MEMBERS.
(a) Availability of Bonus in Lieu of Monthly Special
Pay- Subsection (a) of section 316 of title 37, United States Code, is
amended--
(1) by striking `monthly special pay' and inserting `a bonus'; and
(2) by striking `is entitled to basic pay under section 204 of this title and who'.
(b) Payment of Bonus- Such section is further amended--
(1) by striking subsections (b), (d), (e), and (g);
(2) by redesignating subsections (f) and (h) as subsections (d) and (f) respectively;
(3) by inserting after subsection (a) the following new subsection (b):
`(b) Bonus Amount; Time for Payment- A bonus under
subsection (a) may not exceed $12,000 per one-year certification
period. The Secretary concerned may pay the bonus in a single lump sum
at the beginning of the certification period or in installments during
the certification period. The bonus is in addition to any other pay or
allowance payable to a member under any other provision of law.'.
(c) Conforming Amendments- Such section is further amended--
(A) by striking `special pay or' both places it appears; and
(B) by striking `or (b)';
(2) in subsection (d), as redesignated by subsection (b)(2)--
(i) by striking `monthly special pay or' in the matter preceding subparagraph (A); and
(ii) in subparagraph (C), by striking `for
receipt' and all that follows through the period at the end and
inserting `under subsection (a)';
(B) in paragraph (2), by striking `For
purposes' and all that follows through `the Secretary concerned' and
inserting `The Secretary concerned';
(i) by striking `special pay or' both places it appears; and
(ii) by striking `subsection (h)' and inserting `subsection (f)'; and
(D) in paragraph (4), by striking `subsection (g)' and inserting `section 303a(e) of this title'; and
(3) by inserting after such subsection (d) the following new subsection (e):
`(e) Repayment- A member who receives a bonus under
this section, but who does not satisfy an eligibility requirement
specified in paragraph (1), (2), (3), or (4) of subsection (a) for the
entire certification period, shall be subject to the repayment
provisions of section 303a(e) of this title.'.
(1) SECTION HEADING- The heading of such section is amended to read as follows:
`Sec. 316. Special pay: bonus for members with foreign language proficiency'.
(2) TABLE OF SECTIONS- The table of sections at the
beginning of chapter 5 of such title is amended by striking the item
relating to section 316 and inserting the following new item:
`316: Special pay: bonus for members with foreign language proficiency.'.
SEC. 627. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN CRITICAL SKILLS OR SATISFYING OTHER ELIGIBILITY CRITERIA.
(a) Availability of Bonus for Reserve Component Members- Section 323 of title 37, United States Code, is amended--
(A) in the matter preceding paragraph (1), by
striking `who is serving on active duty and' and inserting `who is
serving on active duty in a regular component or in an active status in
a reserve component and who';
(B) in paragraph (1), by inserting `or to
remain in an active status in a reserve component for at least one
year' before the semicolon; and
(C) in paragraph (3), by inserting `or to
remain in an active status in a reserve component for a period of at
least one year' before the period; and
(2) in subsection (e)(1), by inserting `or service
in an active status in a reserve component' after `active duty' each
place it appears.
(b) Additional Criteria for Bonus- Such section is further amended--
(1) in subsection (a), by striking `designated
critical military skill' and inserting `critical military skill
designated under subsection (b) or satisfies such other eligibility
criteria established under such subsection';
(A) by striking `Designation of Critical Skills- ' and inserting `Eligibility Criteria- (1)'; and
(B) by adding at the end the following new paragraph:
`(2) The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, may establish such other criteria
as the Secretary considers appropriate under which a retention bonus
will be provided to a member of the armed forces under subsection
(a).'; and
(3) in subsection (h)(1), by striking `members
qualified in the critical military skills for which the bonuses were
offered' and inserting `members of the armed forces who were offered a
bonus under this section'.
(c) Extended Eligibility Period for Certain Members-
Subsection (e) of such section is amended by striking paragraph (2) and
inserting the following new paragraphs:
`(2) The limitations in paragraph (1) do not apply with
respect to an officer who, during the period of active duty or service
in an active status in a reserve component for which the bonus is being
offered, is assigned duties as a health care professional.
`(3) The limitations in paragraph (1) do not apply with
respect to a member who, during the period of active duty or service in
an active status in a reserve component for which the bonus is being
offered--
`(A) is qualified in a skill designated as critical under subsection (b)(1) related to special operations forces; or
`(B) is qualified for duty in connection with the
supervision, operation, and maintenance of naval nuclear propulsion
plants.'.
(d) Repayment Requirements- Subsection (g) of such section is amended to read as follows:
`(g) Repayment- A member paid a bonus under this
section who fails, during the period of service covered by the member's
agreement, reenlistment, or voluntary extension of enlistment under
subsection (a), to remain qualified in the critical military skill or
to satisfy the other eligibility criteria for which the bonus was paid
shall be subject to the repayment provisions of section 303a(e) of this
title.'.
(1) SECTION HEADING- The heading of section 323 of such title is amended to read as follows:
`Sec. 323. Special pay: retention incentives for members
qualified in a critical military skill or who satisfy other eligibility
criteria'.
(2) TABLE OF SECTIONS- The table of sections at the
beginning of chapter 5 of such title is amended by striking the item
relating to section 323 and inserting the following new item:
`323. Special pay: retention incentives for members
qualified in a critical military skill or who satisfy other eligibility
criteria.'.
(f) Effective Date- Section 323(a) of title 37, United
States Code, as amended by this section, shall apply to agreements,
reenlistments, and the voluntary extension of enlistments referred to
in subsection (a) of such section entered into on or after October 1,
2005.
SEC. 628. AVAILABILITY OF CRITICAL-SKILLS ACCESSION
BONUS FOR PERSONS ENROLLED IN SENIOR RESERVE OFFICERS' TRAINING CORPS
WHO ARE OBTAINING NURSING DEGREES.
(a) Authority to Provide Bonus- Section 324 of title
37, United States Code, as amended by section 614(f) of this Act, is
further amended--
(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following new subsection:
`(f) Nurse Candidates in Senior Reserve Officers'
Training Corps- (1) A person enrolled in the Senior Reserve Officers'
Training Corps program of the Army for advanced training under chapter
103 of title 10, including a person receiving financial assistance
under section 2107 of such title, may receive an accession bonus under
this section if the person--
`(A) has completed the second year of an accredited baccalaureate degree program in nursing; and
`(B) executes an agreement under this section to serve on active duty as a commissioned officer in the Army Nurse Corps.
`(2) Notwithstanding subsection (c), the amount of the
accession bonus paid to a person described in paragraph (1) may not
exceed $5,000. '.
(b) Retroactive Application to Existing Agreements-
Subsection (f) of section 324 of title 37, United States Code, as added
by subsection (a), shall apply with respect to agreements referred to
in paragraph (1)(B) of such subsection executed on or after October 5,
2004.
Subtitle C--Travel and Transportation Allowances
SEC. 641. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING EXPENSES AT TEMPORARY DUTY LOCATION MAY BE PAID.
(a) Absences Covered by Allowance- Section 404b of title 37, United States Code, is amended--
(1) in subsection (a), by striking `while the
member is in an authorized leave status' and inserting `during an
authorized absence of the member from the temporary duty location';
(A) in paragraph (1), by striking `taking the authorized leave' and inserting `the authorized absence'; and
(B) in paragraph (3), by striking `immediately
after completing the authorized leave' and inserting `before the end of
the authorized absence';
(3) in subsection (c), by striking `while the
member was in an authorized leave status' and inserting `during the
authorized absence of the member'; and
(4) by adding at the end the following new subsection:
`(d) Authorized Absence Defined- In this section, the
term `authorized absence', with respect to a member, means that the
member is in an authorized leave status or that the absence of the
member is otherwise authorized by the commander of the member.'.
(1) SECTION HEADING- The heading of such section is amended to read as follows:
`Sec. 404b. Travel and transportation allowances:
payment of lodging expenses at temporary duty location during
authorized absence of member'.
(2) TABLE OF SECTIONS- The table of sections at the
beginning of chapter 7 of such title is amended by striking the item
relating to section 404b and inserting the following new item:
`404b. Travel and transportation allowances: payment
of lodging expenses at temporary duty location during authorized
absence of member.'.
SEC. 642. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS OF DECEASED MEMBER.
(a) Death of Member Entitled to Basic Pay- Subsection (f) section 406 of title 37, United States Code, is amended--
(1) by inserting `(1)' after `(f)';
(2) by striking `he' and inserting `the member'; and
(3) by adding at the end the following new paragraph:
`(2) The Secretary concerned shall give the dependents
of a member described in paragraph (1) a period of not less than three
years, beginning on the date of the death of the member, during which
to select a home for the purposes of the travel and transportation
allowances authorized by this section.'.
(b) Certain Other Deceased Members- Subsection (g)(3) of such section is amended in the first sentence--
(1) by striking `he exercises it' and inserting `the member exercises the right or entitlement';
(2) by striking `his baggage and household effects'
and inserting `the baggage and household effects of the deceased
member'; and
(3) by striking `his surviving dependents or, if'
and inserting `the surviving dependents at any time before the end of
the three-year period beginning on the date on which the member accrued
that right or benefit. If'.
SEC. 643. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO REPATRIATION OF MEMBERS HELD CAPTIVE.
(a) Allowances Authorized- Chapter 7 of title 37,
United States Code, is amended by inserting after section 411i the
following new section:
`Sec. 411j. Travel and transportation allowances:
transportation of family members incident to repatriation of members
held captive
`(a) Allowances Authorized- (1) The Secretary concerned
may provide the travel and transportation allowances described in
subsection (c) to not more than three family members of a member of the
uniformed services who--
`(A) is serving on active duty;
`(B) was officially carried or determined to be absent in a missing status (as defined in section 551 of this title); and
`(C) is repatriated to a site in or outside the United States.
`(2) In circumstances determined to be appropriate by
the Secretary concerned, the Secretary may waive the limitation on the
number of family members of a member provided travel and transportation
allowances under this section.
`(b) Eligible Persons- (1) In this section, the term
`family member' has the meaning given that term in section 411h(b) of
this title.
`(2) The Secretary concerned may also provide the
travel and transportation allowances to an attendant who accompanies a
family member if the Secretary determines that--
`(A) the family member is unable to travel unattended because of age, physical condition, or other justifiable reason; and
`(B) no other family member who is receiving the
allowances under this section is able to serve as an attendant for the
family member.
`(3) If no family member is able to travel to the
repatriation site, the Secretary concerned may provide the travel and
transportation allowances to not more than two persons who are related
to the member (but who do not satisfy the definition of family member)
and are selected by the member.
`(c) Allowances Described- (1) The transportation authorized by subsection (a) is round-trip transportation between--
`(A) the home of the family member (or the home of
an attendant or other person provided transportation pursuant to
paragraph (2) or (3) of subsection (b)); and
`(B) the location of the repatriation site or other location determined to be appropriate by the Secretary concerned.
`(2) In addition to the transportation authorized by
subsection (a), the Secretary concerned may provide a per diem
allowance or reimbursement for the actual and necessary expenses of the
travel, or a combination thereof, but not to exceed the rates
established under section 404(d) of this title.
`(d) Provision of Allowances- (1) The transportation
authorized by subsection (a) may be provided by any of the following
means:
`(A) Transportation in-kind.
`(B) A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned.
`(C) Reimbursement for the commercial cost of transportation.
`(2) An allowance payable under this subsection may be paid in advance.
`(3) Reimbursement payable under this subsection may
not exceed the cost of government-procured commercial round-trip air
travel.
`(e) Regulations- The Secretaries concerned shall prescribe uniform regulations to carry out this section.'.
(b) Clerical Amendment- The table of sections at the
beginning of chapter 7 of such title is amended by inserting after the
item relating to section 411i the following new item:
`411j. Travel and transportation allowances:
transportation of family members incident to repatriation of members
held captive.'.
SEC. 644. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED OFFICERS.
(a) Increase- The table in section 406(b)(1)(C) of
title 37, United States Code, is amended by striking the items relating
to pay grades E-7 through E-9 and inserting the following new items:
------------------------------
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