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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1530 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1530

     To authorize appropriations for fiscal year 1996 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 1996, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 1995

 Mr. Spence (for himself and Mr. Dellums) (both by request) introduced 
  the following bill; which was referred to the Committee on National 
                                Security

_______________________________________________________________________

                                 A BILL

 
     To authorize appropriations for fiscal year 1996 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 1996, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                          TITLE I--PROCUREMENT

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health program.
Sec. 108. Repeal of requirement for separate budget request for 
                            procurement of reserve equipment.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 201. Authorization of appropriations.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Repeal of limitations on activities of Defense Business 
                            Operations Fund.
Sec. 304. Amendments relating to the Ready Reserve Force component of 
                            the Ready Reserve Fleet.
                       Subtitle B--Other Matters

Sec. 321. Testing of Theater Missile Defense interceptors.
Sec. 322. Establishment of a Department of Defense Laboratory 
                            Revitalization Demonstration Program.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
                            Reserves.
              Subtitle C--Military Training Student Loads

Sec. 421. Authorization of training student loads.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Equalization of accrual of service credit for officers and 
                            enlisted members of the Armed Forces.
Sec. 502. Changes in general officer billet titles resulting from the 
                            reorganization of Headquarters, Marine 
                            Corps.
Sec. 503. Increase in the transition period for officers selected for 
                            early retirement.
Sec. 504. Revision in the authorized strength limitations for Air Force 
                            commissioned officers on active duty in the 
                            grade of major.
Sec. 505. Revision in the authorized strength limitations for Navy 
                            commissioned officers on active duty in 
                            grades of lieutenant commander, commander, 
                            and captain.
Sec. 506. Authorization of general or flag officer promotion zones.
                 Subtitle B--Reserve Component Matters

Sec. 511. Repeal of requirement for physical examination on calling 
                            militia into Federal service.
Sec. 512. Authority to prescribe the duration of field training or 
                            practice cruise required for admission to 
                            the Reserve Officers' Training Corps 
                            advanced course.
Sec. 513. Clarifying use of military morale, welfare, and recreation 
                            facilities by retired reservists.
Sec. 514. Objective to increase percentage of prior active duty 
                            personnel in the Selected Reserve.
Sec. 515. Wear of military uniform by National Guard technicians.
Sec. 516. Active duty retirement sanctuary for reservists.
     Subtitle C--Amendments to the Uniform Code of Military Justice

Sec. 551. Definitions.
Sec. 552. Jurisdiction over civilians accompanying the forces in the 
                            field in time of armed conflict.
Sec. 553. Investigations.
Sec. 554. Refusal to testify before court-martial.
Sec. 555. Records of trial.
Sec. 556. Effective date of punishments.
Sec. 557. Deferment of confinement.
Sec. 558. Submission of matters to the convening authority for 
                            consideration.
Sec. 559. Proceedings in revision.
Sec. 560. Post-trial review of courts-martial.
Sec. 561. Appeal by the United States.
Sec. 562. Flight from apprehension.
Sec. 563. Carnal knowledge.
Sec. 564. Instruction in the Uniform Code of Military Justice.
                       Subtitle D--Other Matters

Sec. 571. Chief warrant officer promotions.
Sec. 572. Retirement of Director of Admissions, United States Military 
                            Academy, for years of service.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Evacuation allowances that permits equal treatment of 
                            military dependents to civilians and their 
                            dependents.
Sec. 603. Continuous entitlement to career sea pay for crewmembers of 
                            ships designated as tenders.
Sec. 604. Increase in the subsistence allowance payable to members of 
                            senior Reserve Officer's Training Corps.
Sec. 605. Dislocation allowance (DLA) for base realignment and closure 
                            (BRAC) moves.
Sec. 606. Family separation allowance (FSA-II).
Sec. 607. Authorization of payment of basic allowance for quarters to 
                            certain members of the uniformed services 
                            assigned to sea duty.
           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Aviation career incentive pay (ACIP) gates.
Sec. 612. Expiring authorities.
            Subtitle C--Travel and Transportation Allowances

Sec. 621. Authority to expend appropriated funds to pay certain actual 
                            expenses of reservists.
Sec. 622. Flexibility when authorizing shipment of a motor vehicle 
                            incident to permanent change of station 
                            orders.
Sec. 623. Authorization of return to United States of formerly 
                            dependent children who attain age overseas.
       Subtitle D--Retired Pay, Insurance, and Survivor Benefits

Sec. 631. Retired pay for non-regular service.
Sec. 632. Fiscal year 1996 cost-of-living adjustment for military 
                            retirees.
Sec. 633. Improved death and disability benefits for reservists.
                       Subtitle E--Separation Pay

Sec. 641. Transitional compensation for dependents of members of the 
                            Armed Forces separated for dependent abuse.
                       Subtitle F--Other Matters

Sec. 651. Military clothing sales stores, replacement sales.
                   TITLE VII--HEALTH CARE PROVISIONS

                   Subtitle A--Health Care Management

Sec. 701. Codification and strengthening of CHAMPUS physician payment 
                            reform program.
Sec. 702. Repeal of certain limitations on reductions of medical 
                            personnel.
                       Subtitle B--Other Matters

Sec. 711. Closure of the Uniformed Services University of the Health 
                            Sciences.
Sec. 712. Repeal of the statutory restriction on use of funds for 
                            abortions.
     TITLE VIII--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                    Subtitle A--Secretarial Matters

Sec. 801. Additional Assistant Secretary of Defense.
Sec. 802. Change in name of Assistant to the Secretary of Defense for 
                            Atomic Energy to Assistant to the Secretary 
                            of Defense for Nuclear and Chemical 
                            Programs.
                       Subtitle B--Other Matters

Sec. 811. Repeal of prohibition of contracting for firefighting and 
                            security guard functions at military 
                            facilities.
Sec. 812. Increase in unspecified minor construction threshold from 
                            $1,500,000 to $1,700,000 and the operation 
                            and maintenance threshold from $300,000 to 
                            $350,000.
Sec. 813. Annual report on National Guard and reserve component 
                            equipment.
                      TITLE IX--GENERAL PROVISIONS

Sec. 901. Authorization of transportation between residence and place 
                            of employment.
Sec. 902. Armed Forces historical preservation program.
Sec. 903. Amendments to education loan repayment programs.

                          TITLE I--PROCUREMENT

 SEC. 101. ARMY.

    (a) Aircraft.--Funds are hereby authorized to be appropriated for 
procurement of aircraft for the Army as follows:
            (1) $1,223,067,000 for fiscal year 1996.
            (2) $843,391,000 for fiscal year 1997.
    (b) Missiles.--Funds are hereby authorized to be appropriated for 
procurement of missiles for the Army as follows:
            (1) $676,430,000 for fiscal year 1996.
            (2) $717,757,000 for fiscal year 1997.
    (c) Weapons and Tracked Combat Vehicles.--Funds are hereby 
authorized to be appropriated for procurement of weapons and tracked 
combat vehicles for the Army as follows:
            (1) $1,298,986,000 for fiscal year 1996.
            (2) $1,261,691,000 for fiscal year 1997.
    (d) Ammunition.--Funds are hereby authorized to be appropriated for 
procurement for ammunition for the Army as follows:
            (1) $795,015,000 for fiscal year 1996.
            (2) $830,644,000 for fiscal year 1997.
    (e) Other Procurement.--Funds are hereby authorized to be 
appropriated for procurement for ammunition for the Army as follows:
            (1) $2,256,601,000 for fiscal year 1996.
            (2) $2,198,702,000 for fiscal year 1997.

 SEC. 102. NAVY AND MARINE CORPS.

    (a) Aircraft.--Funds are hereby authorized to be appropriated for 
procurement of aircraft for the Navy as follows:
            (1) $3,886,488,000 for fiscal year 1996.
            (2) $6,885,201,000 for fiscal year 1997.
    (b) Weapons.--Funds are hereby authorized to be appropriated for 
procurement of weapons (including missiles and torpedoes) for the Navy 
as follows:
            (1) $1,787,121,000 for fiscal year 1996.
            (2) $1,714,337,000 for fiscal year 1997.
    (c) Shipbuilding and Conversion.--Funds are hereby authorized to be 
appropriated for shipbuilding and conversion for the Navy as follows:
            (1) $5,051,935,000 for fiscal year 1996.
            (2) $3,941,565,000 for fiscal year 1997.
    (d) Other Procurement, Navy.--Funds are hereby authorized to be 
appropriated for other procurement for the Navy as follows:
            (1) $2,396,080,000 for fiscal year 1996.
            (2) $3,124,435,000 for fiscal year 1997.
    (e) Marine Corps.--Funds are hereby authorized to be appropriated 
for procurement for the Marine Corps as follows:
            (1) $474,116,000 for fiscal year 1996.
            (2) $687,917,000 for fiscal year 1997.

 SEC. 103. AIR FORCE.

    (a) Aircraft.--Funds are hereby authorized to be appropriated for 
procurement of aircraft for the Air Force as follows:
            (1) $6,183,886,000 for fiscal year 1996.
            (2) $6,576,934,000 for fiscal year 1997.
    (b) Missiles.--Funds are hereby authorized to be appropriated for 
procurement of missiles for the Air Force as follows:
            (1) $3,647,711,000 for fiscal year 1996.
            (2) $4,422,579,000 for fiscal year 1997.
    (c) Other Procurement.--Funds are hereby authorized to be 
appropriated for other procurement for the Air Force as follows:
            (1) $6,804,696,000 for fiscal year 1996.
            (2) $6,904,630,000 for fiscal year 1997.

 SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for Defense-wide 
procurement as follows:
            (1) $2,179,917,000 for fiscal year 1996.
            (2) $2,524,975,000 for fiscal year 1997.

 SEC. 105. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for procurement for 
the Inspector General of the Department of Defense as follows:
            (1) $1,000,000 for fiscal year 1996.
            (2) $1,800,000 for fiscal year 1997.

 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

    Funds are hereby authorized to be appropriated for the destruction 
of lethal chemical weapons in accordance with section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521) and the 
destruction of chemical warfare material of the United States that is 
not covered by section 1412 of such Act as follows:
            (1) $746,698,000 for fiscal year 1996.
            (2) $828,747,000 for fiscal year 1997.

 SEC. 107. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for procurement for 
the Defense Health Program as follows:
            (1) $288,033,000 for fiscal year 1996.
            (2) $298,486,000 for fiscal year 1997.

 SEC. 108. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR 
              PROCUREMENT OF RESERVE EQUIPMENT.

    Section 114(e) of title 10, United States Code, is repealed.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 1996.--Funds are hereby authorized to be 
appropriated for fiscal year 1996 for the use of the Armed Forces for 
research, development, test, and evaluation, as follows:
            (1) For the Army, $4,444,175,000.
            (2) For the Navy, $8,204,530,000.
            (3) For the Air Force, $12,598,439,000.
            (4) For Defense-wide activities, $9,084,809,000, of which--
                    (A) $259,341,000 is authorized for the activities 
                of the Director, Test and Evaluation; and
                    (B) $22,587,000 is authorized for the Director of 
                Operational Test and Evaluation.
    (b) Fiscal Year 1997.--Funds are hereby authorized to be 
appropriated for fiscal year 1997 for the use of the Armed Forces for 
research, development, test, and evaluation, as follows:
            (1) For the Army, $4,240,968,000.
            (2) For the Navy, $7,716,920,000.
            (3) For the Air Force, $11,655,554,000.
            (4) For Defense-wide activities, $9,040,169,000, of which--
                    (A) $267,029,000 is authorized for the activities 
                of the Director, Test and Evaluation; and
                    (B) $22,978,000 is authorized for the Director of 
                Operational Test and Evaluation.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    (a) Fiscal Year 1996.--Funds are hereby authorized to be 
appropriated for fiscal year 1996 for the use of the Armed Forces of 
the United States and other activities and agencies of the Department 
of Defense, for expenses, not otherwise provided for, for operation and 
maintenance, in amounts as follows:
            (1) For the Army, 18,184,736,000.
            (2) For the Navy, $21,225,710,000.
            (3) For the Marine Corps, $2,269,722,000.
            (4) For the Air Force, $18,256,579,000.
            (5) For Defense-wide activities, $10,366,782,000.
            (6) For the Army Reserve, $1,068,591,000.
            (7) For the Naval Reserve, $826,042,000.
            (8) For the Marine Corps Reserve, $90,283,000.
            (9) For the Air Force Reserve, $1,485,947,000.
            (10) For the Army National Guard, $2,304,108,000.
            (11) For the Air National Guard, $2,712,221,000.
            (12) For the Defense Inspector General, $138,226,000.
            (13) For Drug Interdiction and Counter-drug Activities, 
        Defense-wide, $680,432,000.
            (14) For the United States Court of Appeals for the Armed 
        Forces, $6,521,000.
            (15) For Environmental Restoration Defense, $1,622,200,000.
            (16) For Medical Programs, Defense, $9,865,525,000.
            (17) For Humanitarian Assistance, $79,790,000.
            (18) For Former Soviet Union Threat Reduction, 
        $371,000,000.
            (19) For Contributions for International Peacekeeping and 
        Peace Enforcement Activities, Defense, $65,000,000.
            (20) For support for the 1996 Summer Olympics, $15,000,000.
    (b) Fiscal Year 1997.--Funds are hereby authorized to be 
appropriated for fiscal year 1997 for the use of the Armed Forces of 
the United States and other activities and agencies of the Department 
of Defense, for expenses, not otherwise provided for, for operation and 
maintenance, in amounts as follows:
            (1) For the Army, $17,628,264,000.
            (2) For the Navy, $20,254,507,000.
            (3) For the Marine Corps, $2,285,047,000.
            (4) For the Air Force, $18,346,851,000.
            (5) For the Defense-wide activities, $10,492,192,000.
            (6) For the Army Reserve, $1,033,630,000.
            (7) For the Naval Reserve, $864,712,000.
            (8) For the Marine Corps Reserve, $95,272,000.
            (9) For the Air Force Reserve, $1,059,030,000.
            (10) For the Army National Guard, $2,274,435,000.
            (11) For the Air National Guard, $2,773,343,000.
            (12) For the Defense Inspector General, $138,060,000.
            (13) For Drug Interdiction and Counter-drug Activities, 
        Defense-wide, $700,756,000.
            (14) For the United States Court of Appeals for the Armed 
        Forces, $6,586,000.
            (15) For Environmental Restoration Defense, $1,622,200,000.
            (16) For Medical Programs, Defense, $9,720,509,000.
            (17) For Humanitarian Assistance, $71,633,000.
            (18) For Former Soviet Union Threat Reduction, 
        $364,400,000.
            (19) For Contributions for International Peacekeeping and 
        Peace Enforcement Activities, Defense, $100,000,000.

 SEC. 302. WORKING CAPITAL FUNDS.

    (a) Fiscal Year 1996.--Funds are hereby authorized to be 
appropriated for fiscal year 1996 for the use of the Armed Forces of 
the United States and other activities and agencies of the Department 
of Defense for providing capital for working capital and revolving 
funds, in amounts as follows:
            (1) For the Defense Business Operations Fund, $878,700,000.
            (2) For the National Defense Sealift Fund, $974,220,000.
    (b) Fiscal Year 1997.--Funds are hereby authorized to be 
appropriated for fiscal year 1997 for the use of the Armed Forces of 
the United States and other activities and agencies of the Department 
of Defense for providing capital for working capital and revolving 
funds, for the National Defense Sealift Fund, $913,402,000.

 SEC. 303. REPEAL OF LIMITATION ON ACTIVITIES OF THE DEFENSE BUSINESS 
              OPERATIONS FUND.

    Section 316 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (10 U.S.C. 2208 note) is amended--
            (1) by striking out ``(a)'' and the second sentence in 
        subsection (a); and
            (2) by repealing subsection (b).

 SEC. 304. AMENDMENTS RELATING TO THE READY RESERVE FORCE COMPONENT OF 
              THE READY RESERVE FLEET.

    Section 2218 of title 10, United States Code is amended--
            (1) in subsection (c)--
                    (A) by striking out ``and'' at the end of 
                subparagraph (C);
                    (B) by striking out the period at the end of 
                subparagraph (D) and inserting ``; and'' in lieu 
                thereof; and
                    (C) by adding the following new subparagraph at the 
                end thereof:
                    ``(E) expenses of the National Defense Reserve 
                Fleet, as established by section 11 of the Merchant 
                Ship Sales Act of 1946 (50 U.S.C. App. 1744).''; and
            (2) in subsection (i), by striking out ``Nothing'' and 
        inserting in lieu thereof ``Except as provided in subsection 
        (c)(1)(E), nothing''.

                       Subtitle B--Other Matters

 SEC. 321. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.

    Section 237(a) of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1600) is amended to read as 
follows:
    ``(a) Testing of Theater Missile Defense Interceptors.--The 
Secretary of Defense may not approve a theater missile defense 
interceptor program proceeding beyond the Low-Rate Initial Production 
until the Secretary certifies to the congressional defense committees 
successful completion of Initial Operational Test and Evaluation 
(IOT&E) in which sufficient flight tests, involving multiple 
interceptors and multiple targets in the presence of realistic 
countermeasures, have been conducted, the results of which demonstrate 
the achievement by the interceptors of the weapons systems performance 
thresholds specified in the system baseline document established 
pursuant to section 2435(a)(l)(A) of title 10, United States Code, 
before the program entered engineering and manufacturing systems 
development. Modeling and simulation validated by ground and flight 
testing may be used to augment live fire testing to demonstrate weapons 
system performance goals.''.

 SEC. 322. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE LABORATORY 
              REVITALIZATION DEMONSTRATION PROGRAM.

    (a) Program Required.--The Secretary of Defense shall carry out a 
Department of Defense Laboratory Revitalization Demonstration Program. 
Under the program the Secretary may carry out minor military 
construction projects in accordance with subsection (b) and other 
applicable law to improve Department of Defense laboratories covered by 
the program.
    (b) Increased Maximum Amounts Applicable to Minor Construction 
Projects.--For purpose of any military construction project carried out 
under the program--
            (1) the amount provided in subsection (a)(1) of section 
        2805 of title 10, United States Code, shall be deemed to be 
        $3,000,000;
            (2) the amount provided in subsection (b)(1) of such 
        section shall be deemed to be $1,500,000; and
            (3) the amount provided in subsection (c)(1) of such 
        section shall be deemed to be $1,000,000.
    (c) Designation of Covered Laboratories.--Not later than 30 days 
before commencing the program, the Secretary shall designate the 
Department of Defense laboratories that are to be covered by the 
program and notify Congress of the laboratories so designated. Only the 
designated laboratories may be covered by the program.
    (d) Report.--Not later than September 30, 1999, the Secretary shall 
submit to Congress a report on the program. The report shall include 
the Secretary's conclusions and recommendations regarding the 
desirability and feasibility of extending the authority set forth in 
subsection (b) to cover all Department of Defense laboratories.
    (e) Exclusivity of Program.--Nothing in this section may be 
construed to limit any other authority provided by law for any military 
construction project at a Department of Defense laboratory covered by 
the program.
    (f) Definitions.--In this section:
            (1) The term ``laboratory'' includes--
                    (A) a research, engineering, and development 
                center;
                    (B) a test and evaluation activity owned, funded, 
                and operated by the Federal Government through the 
                Department of Defense; and
                    (C) a supporting facility of a laboratory.
            (2) The term ``supporting facility'', with respect to a 
        laboratory, means any building or structure that is used in 
        support of research, development, test, and evaluation at a 
        laboratory.
            (3) The term ``Department of Defense laboratory'' does not 
        include a contractor owned laboratory.
    (g) Expiration of Authority.--The Secretary may not carry out the 
program after September 30, 2000.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    (a) Fiscal Year 1996.--The Armed Forces are authorized strengths 
for active duty personnel as of September 30, 1996 , as follows:
            (1) The Army, 495,000.
            (2) The Navy, 428,000.
            (3) The Marine Corps, 174,000.
            (4) The Air Force, 388,200.
    (b) Fiscal Year 1997.--The Armed Forces are authorized strengths 
for active duty personnel as of September 30, 1997, as follows:
            (1) The Army, 495,000.
            (2) The Navy, 409,400.
            (3) The Marine Corps, 174,000.
            (4) The Air Force, 385,400.

                       Subtitle B--Reserve Forces

 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) Fiscal Year 1996.--The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 1996, as follows:
            (1) The Army National Guard of the United States, 373,000.
            (2) The Army Reserve, 230,000.
            (3) The Naval Reserve, 98,608.
            (4) The Marine Corps Reserve, 42,000.
            (5) The Air National Guard of the United States, 109,458.
            (6) The Air Force Reserve, 73,969.
            (7) The Coast Guard Reserve, 8,000.
    (b) Fiscal Year 1997.--The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 1997, as follows:
            (1) The Army National Guard of the United States, 367,000.
            (2) The Army Reserve, 215,000.
            (3) The Naval Reserve, 96,402.
            (4) The Marine Corps Reserve, 42,000.
            (5) The Air National Guard of the United States, 107,151.
            (6) The Air Force Reserve, 73,160.
            (7) The Coast Guard Reserve, 8,000.
    (c) Waiver Authority.--The Secretary of Defense may vary the end 
strength authorized by subsection (a) or subsection (b) by not more 
than 2 percent.
    (d) Adjustments.--The end strengths prescribed by subsection (a) or 
(b) for the Selected Reserve of any reserve component shall be 
proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year, and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
Whenever such units or such individual members are released from active 
duty during any fiscal year, the end strength prescribed for such 
fiscal year for the Selected Reserve of such reserve component shall be 
proportionately increased by the total authorized strengths of such 
units and by the total number of such individual members.

 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    (a) Fiscal Year 1996.--Within the end strengths prescribed in 
section 411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 1996 , the following number of Reserves 
to be serving on full-time active duty or full-time duty, in the case 
of members of the National Guard, for the purpose of organizing, 
administering, recruiting, instructing, or training the reserve 
components:
            (1) The Army National Guard of the United States, 23,390.
            (2) The Army Reserve, 11,575.
            (3) The Naval Reserve, 17,490.
            (4) The Marine Corps Reserve, 2,285.
            (5) The Air National Guard of the United States, 9,817.
            (6) The Air Force Reserve, 628.
    (b) Fiscal Year 1997.--Within the end strengths prescribed in 
section 411(b), the reserve components of the Armed Forces are 
authorized, as of September 30, 1997, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in the case 
of members of the National Guard, for the purpose of organizing, 
administering, recruiting, instructing, or training the reserve 
components:
            (1) The Army National Guard of the United States, 23,040.
            (2) The Army Reserve, 11,550.
            (3) The Naval Reserve, 17,074.
            (4) The Marine Corps Reserve, 2,285.
            (5) The Air National Guard of the United States, 9,824.
            (6) The Air Force Reserve, 625.

              Subtitle C--Military Training Student Loads

 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

    (a) Fiscal Year 1996.--For fiscal year 1996 , the components of the 
Armed Forces are authorized average military training loads as follows:
            (1) The Army, 75,013.
            (2) The Navy, 44,238.
            (3) The Marine Corps, 26,095.
            (4) The Air Force, 33,232.
    (b) Fiscal Year 1997.--For fiscal year 1997, the components of the 
Armed Forces are authorized average military training loads as follows:
            (1) The Army, 79,275.
            (2) The Navy, 44,121.
            (3) The Marine Corps, 27,255.
            (4) The Air Force, 35,522.
    (c) Scope.--The average military training student loads authorized 
for an armed force under subsections (a) and (b) apply to the active 
and reserve components of that armed force.
    (d) Adjustments.--The average military student loads authorized in 
subsections (a) and (b) shall be adjusted consistent with the end 
strengths authorized in subtitles A and B. The Secretary of Defense 
shall prescribe the manner in which such adjustments shall be 
apportioned.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

 SEC. 501. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT FOR OFFICERS AND 
              ENLISTED MEMBERS OF THE ARMED FORCES.

    (a) Enlisted Service Credit.--Section 972 of title 10, United 
States Code, is amended to read as follows:
``Sec. 972. Enlisted members: required to make up time lost
    ``An enlisted member of an armed force who--
            ``(1) deserts;
            ``(2) is absent from his organization, station, or duty for 
        more than one day without proper authority, as determined by 
        competent authority;
            ``(3) is confined by military or civilian authorities for 
        more than one day before, during or after trial; or
            ``(4) is unable for more than one day, as determined by 
        competent authority, to perform his duties because of 
        intemperate use of drugs or alcoholic liquor, or because of 
        disease or injury resulting from his misconduct;
is required, after his return to full duty, to serve for a period that, 
when added to the period that he served before his absence from duty, 
amounts to the term for which he was enlisted or inducted.''.
    (b) Officer Service Credit.--Chapter 49 of title 10, United States 
Code, is amended by inserting after section 972 the following new 
section:
``Sec. 972a. Officers: service credit
    ``(a) In the case of an officer of an armed force who--
            ``(1) deserts;
            ``(2) is absent from his organization, station, or duty for 
        more than one day without proper authority, as determined by 
        competent authority;
            ``(3) is confined by military or civilian authorities for 
        more than one day before, during or after trial; or
            ``(4) is unable for more than one day, as determined by 
        competent authority, to perform his duties because of 
        intemperate use of drugs or alcoholic liquor, or because of 
        disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or inability to 
perform duties may not be counted in computing, for any purpose other 
than basic pay under section 205 of title 37, the officer's length of 
service.''.
    (c) Army Computation of Years of Service.--Section 3926 of title 
10, United States Code, is amended by adding at the end the following 
new subsection:
    ``(e) Time identified in section 972a of this title may not be 
counted in computing years of service under this section.''.
    (d) Navy Computation of Years of Service.--Chapter 571 of title 10, 
United States Code, is amended by inserting after section 6327 the 
following new section:
``Sec. 6328. Computation of years of service: voluntary retirement
    ``(a) Enlisted Members.--Time required to be made up under section 
972 of this title may not be counted in computing years of service 
under this chapter.
    ``(b) Officers.--Time identified in section 972a of this title may 
not be counted in computing years of service under this chapter.''.
    (e) Air Force Computation of Years of Service.--Section 8926 of 
title 10, United States Code, is amended by adding at the end the 
following new subsection:
    ``(d) Time identified in section 972a of this title may not be 
counted in computing years of service under this section.''.
    (f) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 49 of 
        title 10, United States Code, is amended by inserting after the 
        item relating to section 972 the following new item:

``972a. Officers: service credit.''.
            (2) The table of sections at the beginning of chapter 571 
        of title 10, United States Code, is amended by inserting after 
        the item relating to section 6327 the following new item:

``6328. Computation of years of service: voluntary retirement.''.
    (g) Effective Date and Applicability.--The amendments made by this 
section shall take effect on October 1, 1995, and shall apply to time 
identified in sections 972 or 972a of title 10, United States Code, 
that occurs after such effective date.

 SEC. 502. CHANGES IN GENERAL OFFICER BILLET TITLES RESULTING FROM THE 
              REORGANIZATION OF HEADQUARTERS, MARINE CORPS.

    (a) Headquarters, Marine Corps: Function; Composition.--Section 
5041(b) of title 10, United States Code, is amended to read as follows:
    ``(b) The Headquarters, Marine Corps, is composed of the following:
            ``(1) The Commandant of the Marine Corps.
            ``(2) The Vice Commandant of the Marine Corps.
            ``(3) Director of the Marine Corps Staff.
            ``(4) Deputy Commandants of the Marine Corps.
            ``(5) Assistant Commandants of the Marine Corps.
            ``(6) Other members of the Navy and Marine Corps assigned 
        or detailed to the Headquarters, Marine Corps.
            ``(7) Civilian employees in the Department of the Navy 
        assigned or detailed to the Headquarters, Marine Corps.''.
    (b) Vice Commandant of the Marine Corps.--Section 5044 is amended--
            (1) by amending the heading to read as follows:
``Sec. 5044. Vice Commandant of the Marine Corps'';
        and
            (2) by striking out ``Assistant Commandant'' in each place 
        it appears and inserting in lieu thereof ``Vice Commandant'' in 
        each instance.
    (c) Director of the Marine Corps Staff; Deputy and Assistant 
Commandants of the Marine Corps.--Section 5045 of title 10, United 
States Code, and its heading are amended to read as follows:
``Sec. 5045. Director of the Marine Corps Staff; Deputy and Assistant 
              Commandants of the Marine Corps
    ``There are in the Headquarters, Marine Corps, a Director of the 
Marine Corps Staff, not more than five Deputy Commandants of the Marine 
Corps, and not more than three Assistant Commandants of the Marine 
Corps, detailed by the Secretary of the Navy from officers of the 
active-duty list of the Marine Corps.''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 506 of title 10, United States Code, is amended by striking out 
the items relating to sections 5044 and 5045 and inserting in lieu 
thereof the following new items:

``5044. Vice Commandant of the Marine Corps.
``5045. Director of the Marine Corps Staff; Deputy and Assistant 
                            Commandants of the Marine Corps.''.

 SEC. 503. INCREASE IN THE TRANSITION PERIOD FOR OFFICERS SELECTED FOR 
              EARLY RETIREMENT.

    (a) Selective Retirement of Warrant Officers.--Section 581 of title 
10, United States Code, is amended--
            (1) in subsection (b), by striking out ``seventh'' and 
        inserting in lieu thereof ``tenth''; and
            (2) by adding at the end the following new subsection:
    ``(e) The Secretary concerned may defer the retirement of an 
officer otherwise approved for early retirement under this section for 
not more than 90 days in order to prevent a personal hardship for the 
officer or for other humanitarian reasons.''.
    (b) Selective Early Retirement of Active-Duty Officers.--Section 
638(b) of title 10, United States Code, is amended--
            (1) in paragraph (1)(A), by striking out ``seventh'' and 
        inserting in lieu thereof ``tenth''; and
            (2) by adding at the end the following new paragraph:
            ``(3) The Secretary concerned may defer the retirement of 
        an officer otherwise approved for early retirement under this 
        section or section 638a of this title for not more than 90 
        days, in order to prevent a personal hardship for the officer 
        or for other humanitarian reasons.''.
    (c) Personnel Strengths: Requirement for Annual Authorization.--
Section 115(d) of title 10, United States Code, is amended by adding at 
the end the following new paragraph:
            ``(8) Members selected for early retirement under section 
        581 or section 638 of this title whose retirement has been 
        deferred under section 581(e) or section 638(b)(3) of this 
        title.''.

 SEC. 504. REVISION IN THE AUTHORIZED STRENGTH LIMITATIONS FOR AIR 
              FORCE COMMISSIONED OFFICERS ON ACTIVE DUTY IN THE GRADE 
              OF MAJOR.

    (a) Revision in the Authorized Strength Limitations.--
Notwithstanding section 523(a)(1) of title 10, United States Code, and 
except as provided in section 523(c) of title 10, United States Code, 
of the total number of commissioned officers serving on active duty in 
the Air Force at the end of any fiscal year up to and including fiscal 
year 1997 (excluding officers in categories specified in section 523(b) 
of title 10, United States Code), the number of officers who may be 
serving on active duty in each of the grades of major, lieutenant 
colonel and colonel may not, as of the end of such fiscal year, exceed 
a number determined in accordance with the following table:

------------------------------------------------------------------------
   Total number of commissioned    Number of officers who may be serving
 officers (excluding officers in        on active duty in grade of:     
 categories specified in section  --------------------------------------
523(b) of title 10, United States                Lieutenant             
      Code) on active duty:           Major       Colonel      Colonel  
------------------------------------------------------------------------
Air Force:                                                              
  70,000.........................       14,612        9,428        3,392
  75,000.........................       15,407        9,801        3,573
  80,000.........................       16,202       10,175        3,754
  85,000.........................       16,997       10,549        3,935
  90,000.........................       17,792       10,923        4,115
  95,000.........................       18,587       11,297        4,296
  100,000........................       19,382       11,671        4,477
  105,000........................       20,177       12,045        4,658
  110,000........................       20,971       12,418        4,838
  115,000........................       21,766       12,792        5,019
  120,000........................       22,561       13,165        5,200
  125,000........................       23,356       13,539        5,381
------------------------------------------------------------------------

    (b) Expiration of Authority.--The revision in the authorized 
strength limitations under subsection (a) expires at the close of 
September 30, 1997.

 SEC. 505. REVISION IN THE AUTHORIZED STRENGTH LIMITATIONS FOR NAVY 
              COMMISSIONED OFFICERS ON ACTIVE DUTY IN GRADES OF 
              LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN.

    (a) Revision in the Authorized Strength Limitations.--
Notwithstanding section 523(a)(2) of title 10, United States Code, and 
except as provided in section 523(c) of title 10, United States Code, 
of the total number of commissioned officers serving on active duty in 
the Navy at the end of any fiscal year up to and including fiscal year 
1997 (excluding officers in categories specified in section 523(b) of 
title 10, United States Code), the number of officers who may be 
serving on active duty in each of the grades of lieutenant commander, 
commander, and captain may not, as of the end of such fiscal year, 
exceed a number determined in accordance with the following table:

------------------------------------------------------------------------
   Total number of commissioned    Number of officers who may be serving
 officers (excluding officers in        on active duty in grade of:     
 categories specified in section  --------------------------------------
523(b) of title 10, United States   Lieutenant                          
      Code) on active duty:         Commander    Commander     Captain  
------------------------------------------------------------------------
Navy:                                                                   
  45,000.........................       10,034        6,498        2,801
  48,000.........................       10,475        6,706        2,902
  51,000.........................       10,916        6,912        3,002
  54,000.........................       11,357        7,120        3,103
  57,000.........................       11,798        7,328        3,204
  60,000.........................       12,239        7,535        3,305
  63,000.........................       12,680        7,742        3,406
  66,000.........................       13,121        7,949        3,506
  70,000.........................       13,709        8,226        3,641
  90,000.........................       16,649        9,608        4,313
------------------------------------------------------------------------

    (b) Expiration of Authority.--The revision in the authorized 
strength limitations under subsection (a) expires at the close of 
September 30, 1997.

 SEC. 506. AUTHORIZATION OF GENERAL OR FLAG OFFICER PROMOTION ZONES.

    Section 645 of title 10, United States Code, is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) The term `promotion zone' means a promotion 
        eligibility category consisting of the officers on an active-
        duty list in the same grade and competitive category who--
                    ``(A) are senior to the officer designated by the 
                Secretary of the military department concerned to be 
                the junior officer in the promotion zone eligible for 
                consideration for promotion to the next higher grade 
                together with the junior officer so designated; and
                    ``(B) in the case of officers in grades below 
                colonel, for officers of the Army, Air Force, and 
                Marine Corps, or captain, for officers of the Navy, 
                neither--
                            ``(i) have failed of selection for 
                        promotion to the next higher grade; nor
                            ``(ii) have been removed from a list of 
                        officers recommended for promotion to that 
                        grade (other than after having been placed on 
                        that list after a selection from below the 
                        promotion zone).''; and
            (2) in paragraph (2), by inserting ``below the grade of 
        colonel for officers of the Army, Air Force, and Marine Corps, 
        or captain for officers of the Navy,'' after ``a group of 
        officers''.

                 Subtitle B--Reserve Component Matters

 SEC. 511. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMINATION ON CALLING 
              MILITIA INTO FEDERAL SERVICE.

    (a) Repeal of Requirement.--Section 12408 of title 10, United 
States Code, is repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1209 is amended by striking out the item relating to section 
12408.

 SEC. 512. AUTHORITY TO PRESCRIBE THE DURATION OF FIELD TRAINING OR 
              PRACTICE CRUISE REQUIRED FOR ADMISSION TO THE RESERVE 
              OFFICERS' TRAINING CORPS ADVANCED COURSE.

    Section 2104(b)(6)(A)(ii) of title 10, United States Code, is 
amended by striking out ``not less than six weeks'' and inserting in 
lieu thereof ``a''.

 SEC. 513. CLARIFYING USE OF MILITARY MORALE, WELFARE, AND RECREATION 
              FACILITIES BY RETIRED RESERVISTS.

    Section 1065(a) of title 10, United States Code, is amended by 
striking out the last sentence and inserting in lieu thereof the 
following new sentences: ``Such use by members of the Selected Reserve, 
and the dependents of such members, shall be permitted on the same 
basis as members on active duty. Such use by members who would be 
eligible for retired pay under chapter 67 of this title but for the 
fact that the members are under 60 years of age, and the dependents of 
such members, shall be permitted on the same basis as retirees from 
active duty military service.''.

 SEC. 514. OBJECTIVE TO INCREASE PERCENTAGE OF PRIOR ACTIVE DUTY 
              PERSONNEL IN THE SELECTED RESERVE.

    Section 1111(a) of the National Defense Authorization Act for 
Fiscal Year 1993 (10 U.S.C. 3077 note) is amended to read as follows:
    ``(a) Objective to Increase Percentage.--The Secretary of the Army 
shall have an objective of increasing the percentage of qualified prior 
active duty personnel in the Selected Reserve.''.

 SEC. 515. WEAR OF MILITARY UNIFORM BY NATIONAL GUARD TECHNICIANS.

    (a) Technicians: Employment, Use, Status.--Section 709(b) of title 
32, United States Code, is amended to read as follows:
    ``(b) Except as prescribed by the Secretary concerned, a technician 
employed under subsection (a) shall, while so employed, be a member of 
the National Guard, hold the military grade specified by the Secretary 
concerned for that position, and wear the military uniform appropriate 
for the member's grade and component of the armed forces while 
performing duties as a technician.''.
    (b) Uniform Allowance: Officers; General Provisions.--Section 417 
of title 37, United States Code, is amended by inserting at the end the 
following new subsection:
    ``(d) Service as a National Guard technician by a person who is an 
officer and is required to wear a military uniform pursuant to section 
709(b) of title 32 shall be considered active duty (other than for 
training) for purposes of sections 415 and 416 of this title. Section 
1593 of title 10, United States Code, and section 5901 of title 5, 
United States Code, shall not apply to a National Guard technician who 
receives a uniform allowance under this Chapter.''.
    (c) Clothing Allowance: Enlisted Members.--Section 418 of title 37, 
United States Code, is amended by inserting at the end the following 
new sentences: ``In determining the quantity and kind of clothing and 
allowances to be furnished under this section to a member who is a 
National Guard technician, the President shall take into account the 
requirement that such person wear a military uniform pursuant to 
section 709(b) of title 32. Section 1593 of title 10, United States 
Code, and section 5901 of title 5, United States Code, shall not apply 
to a National Guard technician furnished clothing or allowances under 
this section.''.

 SEC. 516. ACTIVE DUTY RETIREMENT SANCTUARY FOR RESERVISTS.

    Section 1163(d) of title 10, United States Code, is amended--
            (1) by designating the existing matter as paragraph (1); 
        and
            (2) by adding at the end the following new paragraph:
            ``(2) The regulations prescribed under paragraph (1) may 
        except from the prohibition on involuntary release in that 
        paragraph members who serve on active duty (other than for 
        training) under section 672(d) of this title under orders 
        specifying a period of less than 180 days provided that the 
        member is informed of and consents to such exception prior to 
        entry on active duty.''.

     Subtitle C--Amendments to the Uniform Code of Military Justice

 SEC. 551. DEFINITIONS.

    Section 801 (article 1) of title 10, United States Code, is amended 
by inserting after paragraph (14) the following new paragraphs:
            ``(15) The term `classified information' means any 
        information or material that has been determined by the United 
        States Government pursuant to an Executive order, statute, or 
        regulation, to require protection against unauthorized 
        disclosure for reasons of national security, and any restricted 
        data, as defined in section 2014(y) of title 42, United States 
        Code.
            ``(16) The term `national security' means the national 
        defense and foreign relations of the United States.
            ``(17) The term `armed conflict' means operations in which 
        members of the United States armed forces are involved as 
        combatants in military actions, operations, or hostilities 
        against an enemy of the United States or against an organized 
        opposing foreign armed force regardless of whether or not a war 
        or national emergency has been declared by the President of the 
        United States or the Congress of the United States.''.

 SEC. 552. JURISDICTION OVER CIVILIANS ACCOMPANYING THE FORCES IN THE 
              FIELD IN TIME OF ARMED CONFLICT.

    Section 802(a)(10) (article 2(a)(10)) of title 10, United States 
Code, is amended to read as follows:
            ``(10) In time of armed conflict, persons serving with or 
        accompanying an armed force in the field.''.

 SEC. 553. INVESTIGATIONS.

    Section 832 (article 32) of title 10, United States Code, is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) If during an investigation under this article, the evidence 
indicates that the accused may have committed an uncharged offense or 
offenses, the investigating officer is authorized to investigate the 
subject matter of such offense or offenses before the accused has been 
charged with such offense or offenses. If the accused was present at 
such investigation, was informed of the nature of the uncharged offense 
or offenses, and was afforded the opportunities for representation, 
cross-examination, and presentation prescribed in subsection (b), no 
further investigation of such offense or offenses is necessary under 
this article.''.

 SEC. 554. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.

    Section 847(b) (article 47(b)) of title 10, United States Code, is 
amended to read as follows:
    ``(b) Any person who commits an offense named in subsection (a) 
shall be tried on indictment or information in a United States district 
court or in a court of original criminal jurisdiction in any of the 
Territories, Commonwealths, or possessions of the United States, and 
jurisdiction is conferred upon those courts for that purpose. Upon 
conviction, such person shall be punished by fine or imprisonment, or 
both, at the court's discretion.''.

 SEC. 555. RECORDS OF TRIAL.

    Section 854(c)(1)(A) (article 54(c)(1)(A)) of title 10, United 
States Code, is amended to read as follows:
                    ``(A) in each general court-martial case in which 
                the sentence adjudged includes death, dismissal of a 
                commissioned officer, cadet, or midshipman, 
                dishonorable or bad-conduct discharge, or confinement 
                for one year or more; and''.

 SEC. 556. EFFECTIVE DATE OF PUNISHMENTS.

    Section 857(a) (article 57(a)) of title 10, United States Code, is 
amended to read as follows:
    ``(a) Unless otherwise directed by the convening authority, 
forfeitures of pay, allowances, or both, and reduction in grade shall 
be effective on the date adjudged and, in the case of forfeiture, may 
be collected from pay accruing on and after that date. Periods during 
which a sentence to forfeiture of pay, allowances, or both, is 
suspended or deferred, shall be excluded in computing the duration of 
forfeiture.''.

 SEC. 557. DEFERMENT OF CONFINEMENT.

    (a) In General.--Subchapter VIII of chapter 47 of title 10, United 
States Code, is amended by inserting after section 857 (article 57) the 
following new section (article):
``Sec. 857a. Art. 57a. Deferment of confinement
    ``(a) On application by an accused who is under sentence to 
confinement that has not been ordered executed, the convening authority 
or, if the accused is no longer under his jurisdiction, the officer 
exercising general court-martial jurisdiction over the command to which 
the accused is currently assigned, may in his sole discretion defer 
service of the sentence to confinement. The deferment shall terminate 
when the sentence is ordered executed. The deferment may be rescinded 
at any time by the officer who granted it or, if the accused is no 
longer under his jurisdiction, by the officer exercising general court-
martial jurisdiction over the command to which the accused is assigned.
    ``(b) The Secretary concerned, and, when designated by him, any 
Under Secretary, Assistant Secretary, Judge Advocate General, or any 
commanding officer may, during the pendency of a review of the 
accused's court-martial conducted pursuant to section 867(a)(2) of this 
title (article 67(a)(2)), defer further service of a sentence to 
confinement which has been ordered executed.
    ``(c) When an accused in the custody of a state or foreign country 
is returned temporarily to military authorities for trial and later 
returned to the sending state or country under the authority of a 
mutual agreement or treaty, the convening authority may defer service 
of the sentence to confinement without the consent of the accused. The 
deferment will terminate when the accused is released permanently to 
military authorities by the state or country in whose custody the 
accused is being held.
    ``(d) The President shall prescribe such regulations as are 
necessary to provide for granting, with or without conditions, and 
rescinding deferments provided for under this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter VIII of chapter 47 of title 10, United States Code, is 
amended by inserting after the item relating to section 857 (article 
57) the following new item:

``857a. 57a. Deferment of confinement.''.
    (c) Conforming Amendment.--Section 857 (article 57) of title 10, 
United States Code, is amended--
            (1) by striking out subsection (d); and
            (2) by redesignating subsection (e) as subsection (d).

 SEC. 558. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY FOR 
              CONSIDERATION.

    Section 860(b)(1) (article 60(b)(1)) of title 10, United States 
Code, is amended to read as follows:
    ``(b)(1) The accused may submit to the convening authority written 
matters for consideration by the convening authority with respect to 
the findings and sentence. Except in a summary court-martial case, such 
a submission shall be made within 10 days after the accused has been 
given an authenticated record of trial and, if applicable, the 
recommendation of the staff judge advocate or legal officer under 
subsection (d). In a summary court-martial case, such submission shall 
be made within seven days after the sentence is announced.''.

 SEC. 559. PROCEEDINGS IN REVISION.

    Section 860(e) (article 60(e)) of title 10, United States Code, is 
amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
    ``(3) Notwithstanding any other provision in this section, a 
proceeding in revision may be ordered, prior to authentication of the 
record of trial by the military judge, to correct an erroneously 
announced sentence.''.

 SEC. 560. POST-TRIAL REVIEW OF COURTS-MARTIAL.

    (a) Waiver of Withdrawal of Appeal.--Section 861(c) (article 61(c)) 
of title 10, United States Code, is amended to read as follows:
    ``(c) A waiver of the right to appellate review or the withdrawal 
of an appeal bars review under section 866 or 869(a) of this title 
(article 66 or 69(a)) or an application for relief under section 869(b) 
of this title (article 69(b)).''.
    (b) Review in the Office of the Judge Advocate General.--Section 
869(b) (article 69(b)) of title 10, United States Code, is amended to 
read as follows:
    ``(b) Unless the accused has waived or withdrawn the right to 
appellate review under section 861 of this title (article 61), the 
findings or sentence, or both, in a court-martial case not reviewed 
under subsection (a) or under section 866 of this title (article 66) 
may be modified or set aside, in whole or in part, by the Judge 
Advocate General on the ground of newly discovered evidence, fraud on 
the court, lack of jurisdiction over the accused or the offense, error 
prejudicial to the substantial rights of the accused, or the 
appropriateness of the sentence. The application must be filed in the 
office of the Judge Advocate General by the accused on or before the 
last day of the two-year period beginning on the date the sentence is 
approved under section 860(c) of this title (article 60(c)), unless the 
accused establishes good cause for failure to file within that time.''.

 SEC. 561. APPEAL BY THE UNITED STATES.

    Section 862(a)(1) (article 62(a)(1)) of title 10, United States 
Code, is amended to read as follows:
    ``(a)(1) In a trial by court-martial in which a military judge 
presides and in which a punitive discharge may be adjudged, the United 
States may appeal an order or ruling of the military judge which 
terminates the proceedings with respect to a charge or specification or 
which excludes evidence that is substantial proof of a fact material in 
the proceeding, or, an order or ruling which directs the disclosure of 
classified information, imposes sanctions for nondisclosure of 
classified information, or which refuses to issue a protective order 
sought by the United States to prevent the disclosure of classified 
information, or refuses to enforce such an order previously issued by 
appropriate authority. The United States may not appeal an order or 
ruling that is or that amounts to, a finding of not guilty with respect 
to the charge or specification.''.

 SEC. 562. FLIGHT FROM APPREHENSION.

    (a) In General.--Section 895 (article 95) of title 10, United 
States Code, is amended to read as follows:
``Sec. 895. Art. 95. Resistance, flight, breach of arrest, and escape
    ``Any person subject to this chapter who resists or flees from 
apprehension or breaks arrest or who escapes from custody or 
confinement shall be punished as a court-martial may direct.''.
    (b) Clerical Amendment.--The item relating to section 895 (article 
95) in the table of sections at the beginning of subchapter X of 
chapter 47 of title 10, United States Code, is amended to read as 
follows:

``895. 95. Resistance, flight, breach of arrest, and escape.''.

 SEC. 563. CARNAL KNOWLEDGE.

    (a) Gender Neutral.--Section 920(b) (article 120(b)) of title 10, 
United States Code, is amended to read:
    ``(b) Any person subject to this chapter who, under circumstances 
not amounting to rape, commits an act of sexual intercourse with a 
person--
            ``(1) who is not his or her spouse; and
            ``(2) who has not attained the age of sixteen years;
is guilty of carnal knowledge and shall be punished as a court-martial 
may direct.''.
    (b) Mistake of Fact.--Section 920 (article 120) of title 10, United 
States Code, is amended by adding at the end the following subsection:
    ``(d) In a prosecution under subsection (b) of this section, it is 
a defense, that the accused must establish by a preponderance of the 
evidence, that, at the time of the alleged offense--
            ``(1) the person with whom the accused committed the act of 
        sexual intercourse had attained the age of 12 years; and
            ``(2) the accused reasonably believed that the person with 
        whom the accused committed the act of sexual intercourse had 
        attained the age of 16 years.''.

 SEC. 564. INSTRUCTION IN THE UNIFORM CODE OF MILITARY JUSTICE.

    Section 937(a)(1) (article 137(a)(1)) of title 10, United States 
Code, is amended to read as follows:
    ``(a)(1) The sections of this title (articles of the Uniform Code 
of Military Justice) specified in paragraph (3) shall be carefully 
explained to each enlisted member at the time of (or within fourteen 
days after)--
            ``(A) the member's initial entrance on active duty; or
            ``(B) the member's initial entrance into a duty status with 
        a reserve component.''.

                       Subtitle D--Other Matters

 SEC. 571. CHIEF WARRANT OFFICER PROMOTIONS.

    (a) Reduction of Minimum Time in Grade Required for Chief Warrant 
Officer To Be Considered for Promotion.--Section 574(e) of title 10, 
United States Code, is amended by striking out ``three'' and inserting 
in lieu thereof ``two'';
    (b) Authorization of Below-Zone Selection for Promotion to Grade of 
Chief Warrant Officer.--Section 575(b) of title 10 is amended by 
inserting ``chief warrant officer, W-3,'' after ``to consider warrant 
officers for selection for promotion to the grade of''.

 SEC. 572. RETIREMENT OF DIRECTOR OF ADMISSIONS, UNITED STATES MILITARY 
              ACADEMY, FOR YEARS OF SERVICE.

    (a) In General.--Section 3920 of title 10, United States Code, is 
amended--
            (1) by amending the heading to read as follows:
``Sec. 3920. More than thirty years: permanent professors and the 
              Director of Admissions of United States Military 
              Academy'';
        and
            (2) by inserting ``or the Director of Admissions'' after 
        ``permanent professor''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 367 of title 10, United States Code, is amended by amending the 
item relating to section 3920 to read as follows:

``3920. More than thirty years: permanent professors and the Director 
                            of Admissions of United States Military 
                            Academy.''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.

    (a) Waiver of Section 1009 Adjustment.--Any adjustment required by 
section 1009 of title 37, United States Code, in elements of 
compensation of members of the uniformed services to become effective 
during fiscal year 1996 shall not be made.
    (b) Increase in Basic Pay and BAS.--Effective on January 1, 1996, 
the rates of basic pay and basic allowance for subsistence of members 
of the uniformed services are increased by 2.4 percent.
    (c) Increase in BAQ.--Effective on January 1, 1996, the rates of 
basic allowance for quarters of members of the uniformed services are 
increased by 3.4 percent.

 SEC. 602. EVACUATION ALLOWANCES THAT PERMITS EQUAL TREATMENT OF 
              MILITARY DEPENDENTS TO CIVILIANS AND THEIR DEPENDENTS.

    (a) Equal Treatment of Military Dependents to Civilians and Their 
Dependents.--Section 405a(a) of title 37, United States Code, is 
amended by striking out ``ordered'' each place it appears and inserting 
in lieu thereof ``officially authorized or ordered''.
    (b) Effective Date and Applicability.--The amendment made 
subsection (a) shall take effect on October 1, 1995, and shall apply to 
persons ordered or authorized to evacuate in accordance with section 
405a, as revised by this Act, on or after such date.

 SEC. 603. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREWMEMBERS OF 
              SHIPS DESIGNATED AS TENDERS.

    Section 305a(d)(1)(A) of title 37, United States Code, is amended 
by inserting ``, or while serving as a member of a tender-class ship 
(with the hull classification of submarine or destroyer)'' after ``the 
off-crew of a two-crewed submarine''.

 SEC. 604. INCREASE IN THE SUBSISTENCE ALLOWANCE PAYABLE TO MEMBERS OF 
              SENIOR RESERVE OFFICER'S TRAINING CORPS.

    (a) Increase.--Section 209(a) of title 37, United States Code, is 
amended by striking out ``$150 a month'' in the first sentence and 
inserting in lieu thereof ``$200 a month''.
    (b) Application of Increase.--
            (1) Except as provided in paragraph (2), the amendments 
        made by subsection (a) shall apply with respect to months 
        beginning after August 31, 1996.
            (2) Upon the approval of the Secretary of Defense, the 
        Secretary of a military department may implement such 
        amendments at an earlier date with respect to members of the 
        Senior Reserve Officer's Training Corps under the jurisdiction 
        of the Secretary if funds are available for the monthly 
        subsistence allowances authorized by such amendments.

 SEC. 605. DISLOCATION ALLOWANCE (DLA) FOR BASE REALIGNMENT AND CLOSURE 
              (BRAC) MOVES.

    Section 407(a)(1) of title 37, United States Code, is amended by 
inserting ``directed order to move as a result of a base realignment or 
closure or'' before ``change of permanent station,''.

 SEC. 606. FAMILY SEPARATION ALLOWANCE (FSA-II).

    Section 427(b)(3) of title 37, United States Code, is amended by 
inserting ``subparagraph (A) of'' after ``not entitled to an allowance 
under''.

 SEC. 607. AUTHORIZATION OF PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO 
              CERTAIN MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO SEA 
              DUTY.

    (a) In General.--Section 403(c)(2) of title 37, United States Code, 
is amended--
            (1) in the first sentence, by striking out ``E-7'' and 
        inserting in lieu thereof ``E-6''; and
            (2) in the second sentence, by striking out ``E-6'' and 
        inserting in lieu thereof ``E-5''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as of July 1, 1996.

           Subtitle B--Bonuses and Special and Incentive Pays

 SEC. 611. AVIATION CAREER INCENTIVE PAY (ACIP) GATES.

    Section 301a(a)(4) of title 37, United States Code, is amended by 
striking out ``9'' in the first sentence and inserting in lieu thereof 
``8''.

 SEC. 612. EXPIRING AUTHORITIES.

    (a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title 
37, United States Code, is amended by striking out ``September 30, 
1996'' and inserting in lieu thereof ``September 30, 1998''.
    (b) Selected Reserve Enlistment Bonus.--Section 308c(e) of title 
37, United States Code, is amended by striking out ``September 30, 
1996'' and inserting in lieu thereof ``September 30, 1998''.
    (c) Selected Reserve Affiliation Bonus.--Section 308e(e) of title 
37, United States Code, is amended by striking out ``September 30, 
1996'' and inserting in lieu thereof ``September 30, 1998''.
    (d) Ready Reserve Enlistment and Reenlistment Bonus.--Section 
308h(g) of title 37, United States Code, is amended by striking out 
``September 30, 1996'' and inserting in lieu thereof ``September 30, 
1998''.
    (e) Prior Service Enlistment Bonus.--Section 308i(i) of title 37, 
United States Code, is amended by striking out ``September 30, 1996'' 
and inserting in lieu thereof ``September 30, 1998''.
    (f) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) 
of title 10, United States Code, is amended by striking out ``September 
30, 1996'' and inserting in lieu thereof ``September 30, 1998''.
    (g) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of 
title 37, United States Code, is amended by striking out ``September 
30, 1996'' and inserting in lieu thereof ``September 30, 1998''.
    (h) Incentive Special Pay for Nurse Anesthetists.--Section 
302e(a)(1) of title 37, United States Code, is amended by striking out 
``September 30, 1996'' and inserting in lieu thereof ``September 30, 
1998''.
    (i) Reenlistment Bonus for Active Members.--Section 308(g) of title 
37, United States Code, is amended by striking out ``September 30, 
1996'' and inserting in lieu thereof ``September 30, 1998''.
    (j) Enlistment Bonus for Critical Skills.--Section 308a(c) of title 
37, United States Code, is amended by striking out ``September 30, 
1996'' and inserting in lieu thereof ``September 30, 1998''.
    (k) Bonus for Enlistment in the Army.--Section 308f(c) of title 37, 
United States Code, is amended by striking out ``September 30, 1996'' 
and inserting in lieu thereof ``September 30, 1998''.
    (l) Special Pay for Enlisted Members of the Selected Reserve 
Assigned to Certain High Priority Units.--Section 308d(c) of title 37, 
United States Code, is amended by striking out ``September 30, 1996'' 
and inserting in lieu thereof ``September 30, 1998''.
    (m) Repayment of Education Loans for Certain Health Professionals 
who Serve in the Selected Reserve.--Section 2172(d) of title 10, United 
States Code, is amended by striking out ``October 1, 1996'', and 
inserting in lieu thereof ``October 1, 1998''.
    (n) Special Pay for Critically Short Wartime Health Specialists in 
the Selected Reserves.--Section 613(d) of the National Defense 
Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note) is amended by 
striking out ``September 30, 1996'' and inserting in lieu thereof 
``September 30, 1998''.
    (o) Special Pay for Nuclear Qualified Officers extending Period of 
Active Service.--Section 312(e) of title 37, United States Code, is 
amended by striking out ``September 30, 1996'' and inserting in lieu 
thereof ``September 30, 2000''.
    (p) Nuclear Career Accession Bonus.--Section 312b(c) of title 37, 
United States Code, is amended by striking out ``September 30, 1996'' 
and inserting in lieu thereof ``September 30, 2000''.
    (q) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of 
title 37, United States Code, is amended by striking out ``October 1, 
1996'' and inserting in lieu thereof ``October 1, 2000''.
    (r) Grade Determination Authority for Certain Reserve Medical 
Officers.-- Sections 3359(b) and 8359(b) of title 10, United States 
Code, are each amended by striking out ``September 30, 1995'' and 
inserting in lieu thereof ``September 30, 1996''.
    (s) Promotion Authority for Certain Reserve Officers Serving on 
Active Duty.--Sections 3380(d) and 8380(d) of title 10, United States 
Code, are each amended by striking out ``September 30, 1995'' and 
inserting in lieu thereof ``September 30, 1996''.
    (t) Years of Service for Mandatory Transfer to the Retired 
Reserve.--Section 1016(d) of the Department of Defense Authorization 
Act, 1984 (10 U.S.C. 3360) is amended by striking out ``September 30, 
1995'' and inserting in lieu thereof ``September 30, 1996''.
    (u) Make Permanent the Aviation Officer Retention Bonus.--Section 
301b(a) of title 37, United States Code, is amended by striking out ``, 
during the period beginning on January 1, 1989, and ending on September 
30, 1996,''.
    (v) Make Permanent the Authority for Temporary Promotions of 
Certain Navy Lieutenants.--Section 5721 of title 10, United States 
Code, is amended by striking out subsection (f).
    (w) Make Permanent the Authority for Specialized Treatment Facility 
Program.--Section 1105 of title 10, United States Code, is amended by 
striking out subsection (h).

            Subtitle C--Travel and Transportation Allowances

 SEC. 621. AUTHORITY TO EXPEND APPROPRIATED FUNDS TO PAY CERTAIN ACTUAL 
              EXPENSES OF RESERVISTS.

    Section 404(j) of title 37, United States Code, is amended--
            (1) in paragraph (1), by striking out the period at the end 
        of the paragraph and inserting in lieu thereof ``or, if 
        transient government quarters are unavailable, may provide 
        contract quarters as lodging in kind as if the member were 
        entitled to such allowances under subsection (a) of this 
        section.''; and
            (2) in paragraph (3), by inserting ``or expenses for 
        contract quarters'' after ``service charge expenses''.

 SEC. 622. FLEXIBILITY WHEN AUTHORIZING SHIPMENT OF A MOTOR VEHICLE 
              INCIDENT TO PERMANENT CHANGE OF STATION ORDERS.

    (a) In General.--Section 2634(a)(4) of title 10, United States 
Code, is amended--
            (1) by striking out ``surface'';
            (2) by inserting after ``by other transportation if'' 
        ``under regulations developed by the Secretary of Defense,''; 
        and
            (3) by striking out ``does'' and inserting in lieu thereof 
        ``is determined''.
    (b) Effective Date and Applicability.--Section 2634(a)(4) of title 
10, United States Code, as amended by this section, shall take effect 
on October 1, 1995, and shall apply to vehicles placed for shipment on 
or after such date.

 SEC. 623. AUTHORIZATION OF RETURN TO UNITED STATES OF FORMERLY 
              DEPENDENT CHILDREN WHO ATTAIN AGE OVERSEAS.

    (a) In General.--Section 406(h)(1) of title 37, United States Code, 
is amended by striking out the last sentence and inserting in lieu 
thereof the following new sentence: ``For the purposes of this section, 
a member's unmarried child for whom the member received transportation 
in kind to his station outside the United States or in Hawaii or 
Alaska, reimbursement therefor, or a monetary allowance in place 
thereof and who ceased to be a dependent, by reason of age, or 
graduation from or cessation of enrollment in an institution of higher 
education, while the member was serving at that station shall be 
considered as a dependent of the member.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on October 1, 1996.

       Subtitle D--Retired Pay, Insurance, and Survivor Benefits

 SEC. 631. RETIRED PAY FOR NON-REGULAR SERVICE.

    Section 1331 of chapter 67 of title 10, United States Code, is 
amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f) respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) No person who is convicted of an offense under the Uniform 
Code of Military Justice (chapter 47 of title 10), and whose executed 
sentence includes death, dishonorable discharge, bad conduct discharge, 
or dismissal from the service, is eligible for retired pay under this 
chapter.''.

 SEC. 632. FISCAL YEAR 1996 COST-OF-LIVING ADJUSTMENT FOR MILITARY 
              RETIREES.

    (a) In General.--Notwithstanding the provisions of section 
1401a(b)(2)(B)(ii) of title 10, United States Code, or of section 
8114A(b) of Department of Defense Appropriations Act, 1995 (Public Law 
103-335; 108 Stat. 2648), or of any other provision of law, the fiscal 
year 1996 increase in military retired pay first shall be payable as 
part of such retired pay for the month of March 1996.
    (b) Definitions.--For the purpose of this section, the following 
definitions apply:
            (1) The term ``fiscal year 1996 increase in military 
        retired pay'' means the increase in retired pay that, pursuant 
        to paragraph (1) of section 1401a(b) of title 10, United States 
        Code, becomes effective on December 1, 1995.
            (2) The term ``retired pay'' includes retainer pay.

 SEC. 633. IMPROVED DEATH AND DISABILITY BENEFITS FOR RESERVISTS.

    (a) Medical and Dental Care: Members on Duty Other Than Active Duty 
for a Period of More Than 30 Days.--Section 1074a(a) of title 10, 
United States Code, is amended by inserting after paragraph (2) the 
following new paragraph:
            ``(3) Each member of a uniformed service who incurs or 
        aggravates an injury, illness, or disease in the line of duty 
        while remaining overnight at or in the vicinity of a site 
        outside reasonable commuting distance from the member's 
        residence at which site the member has performed inactive duty 
        training between successive periods of such training.''.
    (b) Recovery, Care, and Disposition of Remains: Decedents 
Covered.--Section 1481(a)(2) of title 10, United States Code, is 
amended--
            (1) in subparagraph (C), by striking out ``or'' at the end 
        of the subparagraph;
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) remaining overnight at or in the vicinity of 
                a site outside reasonable commuting distance from the 
                member's residence at which site the member has 
                performed inactive duty training between successive 
                periods of such training; or''.
    (c) Entitlement to Basic Pay.--Section 204 of title 37, United 
States Code is amended--
            (1) in subsection (g)(1)--
                    (A) in subparagraph (B), by striking out ``or'' at 
                the end of the subparagraph;
                    (B) in subparagraph (C), by striking out the period 
                at the end of the subparagraph and inserting in lieu 
                thereof ``; or''; and
                    (C) by inserting after subparagraph (C) the 
                following new subparagraph:
                    ``(D) in line of duty while remaining overnight at 
                or in the vicinity of a site outside reasonable 
                commuting distance from the member's residence at which 
                site the member has performed inactive duty training 
                between successive periods of such training.''; and
            (2) in subsection (h)(1)--
                    (A) in subparagraph (B), by striking out ``or'' at 
                the end of the subparagraph;
                    (B) in subparagraph (C), by striking out the period 
                at the end of the subparagraph and inserting in lieu 
                thereof ``; or''; and
                    (C) by inserting after subparagraph (C) the 
                following new subparagraph:
                    ``(D) in line of duty while remaining overnight at 
                or in the vicinity of a site outside reasonable 
                commuting distance from the member's residence at which 
                site the member has performed inactive duty training 
                between successive periods of such training.''.
    (d) Reserves: Members of National Guard: Inactive-Duty Training.--
Section 206(a)(3) of title 37, United States Code, is amended--
            (1) in subparagraph (A), by striking out ``or'' at the end 
        of clause (ii);
            (2) in subparagraph (B), by striking out the period at the 
        end of the subparagraph and inserting in lieu thereof ``; or''; 
        and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) in line of duty while remaining overnight at 
                or in the vicinity of a site outside reasonable 
                commuting distance from the member's residence at which 
                site the member has performed inactive duty training 
                between successive periods of such training.''.

                       Subtitle E--Separation Pay

 SEC. 641. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE 
              ARMED FORCES SEPARATED FOR DEPENDENT ABUSE.

    Section 1059(d) of title 10, United States Code, is amended by 
striking out ``of a separation from active duty as'' in the first 
sentence.

                       Subtitle F--Other Matters

 SEC. 651. MILITARY CLOTHING SALES STORES, REPLACEMENT SALES.

    (a) In General.--Chapter 651 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7606. Subsistence and other supplies: members of armed forces; 
              veterans; executive or military departments and 
              employees; prices
    ``(a) The branch, office or officer designated by the Secretary of 
the Navy shall procure or sell, for cash or credit--
            ``(1) articles specified by the Secretary of the Navy or a 
        person designated by him, to members of the Navy and Marine 
        Corps; and
            ``(2) items of individual clothing and equipment to members 
        of the Navy and Marine Corps, under such restrictions as the 
        Secretary may prescribe.
An account of sales on credit shall be kept and the amount due reported 
to any branch office, or officer designated by the Secretary. Except 
for articles and items acquired through the use of working capital 
funds under section 2208 of this title, sales of articles shall be at 
cost, and sales of individual clothing and equipment shall be at 
average current prices, including overhead, as determined by the 
Secretary.
    ``(b) The branch, office, or officer designated by the Secretary 
shall sell subsistence supplies to members of other armed forces at the 
prices at which like property is sold to members of the Navy and Marine 
Corps.
    ``(c) The branch, office or officer designated by the Secretary may 
sell serviceable supplies, other than subsistence supplies, to members 
of other armed forces at the prices at which like property is sold to 
members of the Navy and Marine Corps.
    ``(d) A person who has been discharged honorably or under honorable 
conditions from the Army, Navy, Air Force or Marine Corps and who is 
receiving care and medical treatment from the Public Health Service or 
the Department of Veterans Affairs may buy subsistence supplies and 
other supplies, except articles of uniform, at the prices at which like 
property is sold to members of the Navy and Marine Corps.
    ``(e) Under such conditions as the Secretary may prescribe, 
exterior articles of uniform may be sold to a person who has been 
discharged from the Navy or Marine Corps honorably or under honorable 
conditions at the prices at which like articles are sold to members of 
the Navy or Marine Corps. This subsection does not modify sections 772 
or 773 of this title.
    ``(f) Under regulations prescribed by the Secretary, payment for 
subsistence supplies shall be made in cash or by commercial credit.
    ``(g) The Secretary may provide for the procurement and sale of 
stores designated by him to such civilian officers and employees of the 
United States, and such other persons as he considers proper--
            ``(1) at military installations outside the United States 
        (provided such sales conform with host nation support 
        agreements); and
            ``(2) at military installations inside the United States 
        where the Secretary determines that it is impracticable for 
        those civilian officers, employees, and persons to obtain such 
        stores from commercial enterprises without impairing the 
        efficient operation of military activities.
However, sales to such civilian officers and employees of the United 
States inside the United States may be only to those who reside within 
military installations.
    ``(h) Appropriations for subsistence of the Navy or Marine Corps 
may be applied to the purchase of subsistence supplies for sale to 
members of the Navy and Marine Corps on active duty for the use of 
themselves and their families.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 651 of title 10, United States Code, is amended by adding at 
the end the following new item:

``7606. Subsistence and other supplies: members of armed forces; 
                            veterans; executive or military departments 
                            and employees; prices.''.

                   TITLE VII--HEALTH CARE PROVISIONS

                   Subtitle A--Health Care Management

 SEC. 701. CODIFICATION AND STRENGTHENING OF CHAMPUS PHYSICIAN PAYMENT 
              REFORM PROGRAM.

    Section 1079(h) of title 10, United States Code, is amended to read 
as follows:
    ``(h)(1) Subject to paragraph (2), payment for a charge for 
services by an individual health care professional (or other non 
institutional health-care provider) for which a claim is submitted 
under a plan contracted for under subsection (a) shall be limited to 
the lesser of--
            ``(A) the amount equivalent to the 80th percentile of 
        billed charges, as determined by the Secretary of Defense, in 
        consultation with the other administering Secretaries, for 
        similar services in the same locality during a twelve month 
        base period, which base period may be adjusted as frequently as 
        the Secretary considers appropriate; or
            ``(B) the amount determined to the extent practicable in 
        accordance with the same reimbursement rules as apply to 
        payments for medical and other health services under title 
        XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
    ``(2) The amount to be paid to an individual health-care 
professional (or other non- institutional health-care provider) shall 
be determined under regulations to be prescribed by the Secretary of 
Defense in consultation with the other administering Secretaries 
pursuant to paragraph (1). Such regulations--
            ``(A) may provide for such exceptions as the Secretary 
        determines necessary to assure that covered beneficiaries have 
        adequate access to health care services, including payment of 
        amounts greater than the allowable amounts when enrollees in 
        managed care programs obtain covered emergency services from 
        non-participating providers;
            ``(B) shall establish limitations (similar to those 
        established under title XVIII of the Social Security Act (42 
        U.S.C. 1395 et seq.)) on beneficiary liability for charges of 
        an individual health-care professional (or other non-
        institutional health care provider); and
            ``(C) shall assure that in transitioning from the payment 
        methods previously in effect to any methodology authorized by 
        this subsection, in no case may the amount allowable for any 
        service be reduced by more than fifteen percent from the amount 
        allowed for the same service in the immediately preceding 
        twelve-month period (or other duration as established by the 
        Secretary of Defense).''.

 SEC. 702. REPEAL OF CERTAIN LIMITATIONS ON REDUCTIONS OF MEDICAL 
              PERSONNEL.

    (a) Limitation on Reductions in Medical Personnel.--Section 711 of 
the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 
115 note) is repealed.
    (b) Minimum Number of Navy Health Professions Officers.--Section 
718 of the National Defense Authorization Act for Fiscal Years 1992 and 
1993 (10 U.S.C. 115 note) is amended by striking out subsection (b).
    (c) Limitation on Reduction in Number of Reserve Component Medical 
Personnel.--Section 518 of the National Defense Authorization Act for 
Fiscal Year 1993 (10 U.S.C. 261 note) is repealed.

                       Subtitle B--Other Matters

 SEC. 711. CLOSURE OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH 
              SCIENCES.

    (a) Repeal of Authority.--Chapter 104 of title 10, United States 
Code, is hereby repealed.
    (b) Phase-Out Process.--
            (1) Notwithstanding any other provision of law, the 
        Secretary of Defense shall phase out the Uniformed Services 
        University of the Health Sciences, beginning in fiscal year 
        1996, and ending with the closure of such University not later 
        than September 30, 1999. No provision of section 2687 of title 
        10, United States Code, or of any other law establishing 
        preconditions to the closure of any activity of the Department 
        of Defense shall operate to establish any precondition to the 
        phaseout and closure of the Uniformed Services University of 
        the Health Sciences pursuant to this Act.
            (2) Under the phase-out process required by paragraph (1), 
        the Secretary of Defense is authorized to exercise all of the 
        authorities pertaining to the operation of the Uniformed 
        Services University of the Health Sciences that were granted to 
        the Secretary of Defense, the Board of Regents, or the Dean of 
        the Uniformed Services University of the Health Sciences by 
        chapter 104 of title 10, United States Code, prior to enactment 
        of the repeal of that chapter by subsection (a). Such 
        authorities may be exercised by the Secretary of Defense so as 
        to achieve an orderly phase-out of operations of the Uniformed 
        Services University of the Health Sciences.
            (3) No new class of students may be admitted to begin 
        studies in the Uniformed Services University of the Health 
        Sciences after September 30, 1995. No students may be awarded 
        degrees by such University after September 30, 1999, except 
        that the Secretary of Defense may grant exceptions on a case-
        by-case basis for any students who by that date have completed 
        substantially all degree requirements.
    (c) Authorities Unaffected.--
            (1) Commissioned service obligations incurred by students 
        of the Uniformed Services University of the Health Sciences 
        shall be unaffected by enactment of the repeal of chapter 104 
        of title 10, United States Code, by subsection (a).
            (2) Nothing in this Act shall be construed as limiting the 
        exercise by the Secretary of Defense of other authorities under 
        law pertaining to health sciences education, training and 
        professional development, graduate medical education, medical 
        and scientific research, and similar activities. To the extent 
        any such activities had been assigned by the Secretary of 
        Defense to the Uniformed Services University of the Health 
        Sciences, the Secretary of Defense's authority to assign such 
        activities to any other component or entity of the Department 
        of Defense shall be unaffected by the phase-out and closure of 
        the Uniformed Services University of the Health Sciences 
        pursuant to this Act.
    (d) Conforming Amendments.--Section 178 of title 10, United States 
Code, pertaining to the Henry M. Jackson Foundation for the Advancement 
of Military Medicine, is amended--
            (1) in subsection (b), by striking out ``Uniformed Services 
        University of the Health Sciences'' and inserting in lieu 
        thereof ``Department of Defense'';
            (2) in subsection (c)(1)(B), by striking out ``the Dean of 
        the Uniformed Services University of the Health Sciences'' and 
        inserting in lieu thereof ``a person designated by the 
        Secretary of Defense''; and
            (3) in subsection (g)(1), by striking out ``Uniformed 
        Services University of the Health Sciences'' and inserting in 
        lieu thereof ``Secretary of Defense''.
    (e) Clerical Amendment.--The table of chapters at the beginning of 
subtitle A and at the beginning of part III of such subtitle of title 
10, United States Code, is amended by striking out the items relating 
to chapter 104.

 SEC. 712. REPEAL OF THE STATUTORY RESTRICTION ON USE OF FUNDS FOR 
              ABORTIONS.

    (a) In General.--Section 1093 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55, United States Code, is amended by striking out the item 
relating to section 1093.
    (c) Effective Date.--The amendment made by this section shall be 
effective October 1, 1995.

     TITLE VIII--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                    Subtitle A--Secretarial Matters

 SEC. 801. ADDITIONAL ASSISTANT SECRETARY OF DEFENSE.

    Section 138(a) of title 10, United States Code, is amended by 
striking out ``eleven'' and inserting in lieu thereof ``twelve''.

 SEC. 802. CHANGE IN NAME OF ASSISTANT TO THE SECRETARY OF DEFENSE FOR 
              ATOMIC ENERGY TO ASSISTANT TO THE SECRETARY OF DEFENSE 
              FOR NUCLEAR AND CHEMICAL PROGRAMS.

    (a) In General.--Section 142 of title 10, United States Code, is 
amended--
            (1) by amending the heading to read as follows:
``Sec. 142. The Assistant to the Secretary of Defense for Nuclear and 
              Chemical Programs'';
            (2) in subsection (a), by striking out ``Assistant to the 
        Secretary of Defense for Atomic Energy'' and inserting in lieu 
        thereof ``Assistant to the Secretary of Defense for Nuclear and 
        Chemical Programs''; and
            (3) by amending subsection (b) to read as follows:
    ``(b) The Assistant to the Secretary shall perform such functions 
as the Secretary of Defense may prescribe and shall advise the 
Secretary of Defense on nuclear energy, nuclear weapons, and chemical 
and biological defense program matters. The Assistant to the Secretary 
also shall serve as the Staff Director of the Nuclear Weapons Council 
established by section 179 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 4 of title 10, United States Code, is amended by amending the 
item relating to section 142 to read as follows:

``142. The Assistant to the Secretary of Defense for Nuclear and 
                            Chemical Programs.''.
    (c) Conforming Amendment.--Section 179(c)(2) of title 10, United 
States Code, is amended by striking out ``The Assistant to the 
Secretary of Defense for Atomic Energy'' and inserting in lieu thereof 
``The Assistant to the Secretary of Defense for Nuclear and Chemical 
Programs.''.

                       Subtitle B--Other Matters

 SEC. 811. REPEAL OF PROHIBITION OF CONTRACTING FOR FIREFIGHTING AND 
              SECURITY GUARD FUNCTIONS AT MILITARY FACILITIES.

    Section 2465 of title 10, United States Code, is repealed.

 SEC. 812. INCREASE IN UNSPECIFIED MINOR CONSTRUCTION THRESHOLD FROM 
              $1,500,000 TO $1,700,000 AND THE OPERATION AND 
              MAINTENANCE THRESHOLD FROM $300,000 TO $350,000.

    Section 2805 of title 10, United States Code, is amended--
            (1) in subsection (a)(1), by striking out ``$1,500,000'' 
        and inserting in lieu thereof ``$1,700,000''; and
            (2) in subsection (c)(1), by striking out ``$300,000'' and 
        inserting in lieu thereof ``$350,000''.

 SEC. 813. ANNUAL REPORT ON NATIONAL GUARD AND RESERVE COMPONENT 
              EQUIPMENT.

    (a) Submission Date of Report.--Section 115b(a) of title 10, United 
States Code, is amended by striking out ``February 15'' and inserting 
in lieu thereof ``March 1''.
    (b) Definition of Equipment in the Report.--Section 115b(b) of 
title 10, United States Code, is amended--
            (1) in paragraphs (1) through (6), by striking out ``major 
        item of equipment'' each place it appears and inserting in lieu 
        thereof in each instance ``combat essential item of 
        equipment'';
            (2) in paragraph (5)(E), by striking out ``major item of 
        equipment.'' and inserting in lieu thereof ``combat essential 
        item of equipment.''; and
            (3) in paragraph (7), by striking out ``item of major 
        equipment'' and inserting in lieu thereof ``combat essential 
        item of equipment''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1995.

                      TITLE IX--GENERAL PROVISIONS

                       Subtitle A--Other Matters

 SEC. 901. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PROGRAM.

    Section 1091 of the National Defense Authorization Act for Fiscal 
Year 1993 (32 U.S.C. 501 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Program Authority.--The Secretary of Defense, acting through 
the Chief of the National Guard Bureau, may conduct a program to be 
known as the ``National Guard Civilian Youth Opportunities Program.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Purpose.--The purpose of the program is to improve the life 
skills and employment potential of civilian youth who cease to attend 
secondary school before graduation, through military-based training, 
including supervised work experience in community service and 
conservation projects, provided by the National Guard.'';
            (3) by striking out ``pilot'' in each place it appears;
            (4) by striking out ``conducted under the pilot program'' 
        in each place it appears; and
            (5) by striking out ``under the pilot program'' in the 
        first sentence of subsection (g)(1).

 SEC. 902. ARMED FORCES HISTORICAL PRESERVATION PROGRAM.

    Section 2572(b)(1) of title 10, United States Code is amended by 
striking out ``and restoration services'' and inserting in lieu thereof 
``restoration, conservation, and preservation services, and for 
educational programs, supplies and new upgraded or renovated 
conservation equipment, facilities and systems within existing 
structures,''.

 SEC. 903. AMENDMENTS TO EDUCATION LOAN REPAYMENT PROGRAMS.

    (a) General Education Loan Repayment Program.--Section 2171(a)(1) 
of title 10, United States Code, is amended--
            (1) by striking out ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) any loan made under part D of such title (the 
                William D. Ford Federal Direct Loan Program, 20 U.S.C. 
                1087a et seq.); or''.
    (b) Education Loan Repayment Program: Enlisted Members of Selected 
Reserve With Critical Specialties.--Section 16301(a)(1) of title 10, 
United States Code, is amended--
            (1) by striking out ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) any loan made under part D of such title (the 
                William D. Ford Federal Direct Loan Program, 20 U.S.C. 
                1087a et seq.); or''.
    (c) Education Loan Repayment Program: Health Professions Officers 
Serving in Selected Reserve With Wartime Critical Medical Skill 
Shortages.--Section 16302(a) of title 10, United States Code, is 
amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5) respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) any loan made under part D of such title (the William 
        D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); 
        or''.
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