I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 1996’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.
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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.
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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.
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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.
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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.

1 TITLE I—PROCUREMENT

2 SEC. 101. ARMY.

3 (a) AIRCRAFT.—Funds are hereby authorized to be

4 appropriated for procurement of aircraft for the Army as

5 follows:

6 (1) $1,223,067,000 for fiscal year 1996.

7 (2) $843,391,000 for fiscal year 1997.

8 (b) MISSILES.—Funds are hereby authorized to be

9 appropriated for procurement of missiles for the Army as

10 follows:

11 (1) $676,430,000 for fiscal year 1996.

12 (2) $717,757,000 for fiscal year 1997.

13 (c) WEAPONS AND TRACKED COMBAT VEHICLES.—

14 Funds are hereby authorized to be appropriated for pro15 curement of weapons and tracked combat vehicles for the

16 Army as follows:

17 (1) $1,298,986,000 for fiscal year 1996.

18 (2) $1,261,691,000 for fiscal year 1997.
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1 (d) AMMUNITION.—Funds are hereby authorized to

2 be appropriated for procurement for ammunition for the

3 Army as follows:

4 (1) $795,015,000 for fiscal year 1996.

5 (2) $830,644,000 for fiscal year 1997.

6 (e) OTHER PROCUREMENT.—Funds are hereby au7 thorized to be appropriated for procurement for ammuni8 tion for the Army as follows:

9 (1) $2,256,601,000 for fiscal year 1996.

10 (2) $2,198,702,000 for fiscal year 1997.

11 SEC. 102. NAVY AND MARINE CORPS.

12 (a) AIRCRAFT.—Funds are hereby authorized to be

13 appropriated for procurement of aircraft for the Navy as

14 follows:

15 (1) $3,886,488,000 for fiscal year 1996.

16 (2) $6,885,201,000 for fiscal year 1997.

17 (b) WEAPONS.—Funds are hereby authorized to be

18 appropriated for procurement of weapons (including mis19 siles and torpedoes) for the Navy as follows:

20 (1) $1,787,121,000 for fiscal year 1996.

21 (2) $1,714,337,000 for fiscal year 1997.

22 (c) SHIPBUILDING AND CONVERSION.—Funds are

23 hereby authorized to be appropriated for shipbuilding and

24 conversion for the Navy as follows:

25 (1) $5,051,935,000 for fiscal year 1996.
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1 (2) $3,941,565,000 for fiscal year 1997.

2 (d) OTHER PROCUREMENT, NAVY.—Funds are here3 by authorized to be appropriated for other procurement

4 for the Navy as follows:

5 (1) $2,396,080,000 for fiscal year 1996.

6 (2) $3,124,435,000 for fiscal year 1997.

7 (e) MARINE CORPS.—Funds are hereby authorized to

8 be appropriated for procurement for the Marine Corps as

9 follows:

10 (1) $474,116,000 for fiscal year 1996.

11 (2) $687,917,000 for fiscal year 1997.

12 SEC. 103. AIR FORCE.

13 (a) AIRCRAFT.—Funds are hereby authorized to be

14 appropriated for procurement of aircraft for the Air Force

15 as follows:

16 (1) $6,183,886,000 for fiscal year 1996.

17 (2) $6,576,934,000 for fiscal year 1997.

18 (b) MISSILES.—Funds are hereby authorized to be

19 appropriated for procurement of missiles for the Air Force

20 as follows:

21 (1) $3,647,711,000 for fiscal year 1996.

22 (2) $4,422,579,000 for fiscal year 1997.

23 (c) OTHER PROCUREMENT.—Funds are hereby au24 thorized to be appropriated for other procurement for the

25 Air Force as follows:
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1 (1) $6,804,696,000 for fiscal year 1996.

2 (2) $6,904,630,000 for fiscal year 1997.

3 SEC. 104. DEFENSE-WIDE ACTIVITIES.

4 Funds are hereby authorized to be appropriated for

5 Defense-wide procurement as follows:

6 (1) $2,179,917,000 for fiscal year 1996.

7 (2) $2,524,975,000 for fiscal year 1997.

8 SEC. 105. DEFENSE INSPECTOR GENERAL.

9 Funds are hereby authorized to be appropriated for

10 procurement for the Inspector General of the Department

11 of Defense as follows:

12 (1) $1,000,000 for fiscal year 1996.

13 (2) $1,800,000 for fiscal year 1997.

14 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

15 Funds are hereby authorized to be appropriated for

16 the destruction of lethal chemical weapons in accordance

17 with section 1412 of the Department of Defense Author18 ization Act, 1986 (50 U.S.C. 1521) and the destruction

19 of chemical warfare material of the United States that is

20 not covered by section 1412 of such Act as follows:

21 (1) $746,698,000 for fiscal year 1996.

22 (2) $828,747,000 for fiscal year 1997.

23 SEC. 107. DEFENSE HEALTH PROGRAM.

24 Funds are hereby authorized to be appropriated for

25 procurement for the Defense Health Program as follows:
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1 (1) $288,033,000 for fiscal year 1996.

2 (2) $298,486,000 for fiscal year 1997.

3 SEC. 108. REPEAL OF REQUIREMENT FOR SEPARATE BUDG4 ET REQUEST FOR PROCUREMENT OF RE5 SERVE EQUIPMENT.

6 Section 114(e) of title 10, United States Code, is re7 pealed.

8 TITLE II—RESEARCH, DEVELOP9 MENT, TEST, AND EVALUA10 TION

11 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

12 (a) FISCAL YEAR 1996.—Funds are hereby author13 ized to be appropriated for fiscal year 1996 for the use

14 of the Armed Forces for research, development, test, and

15 evaluation, as follows:

16 (1) For the Army, $4,444,175,000.

17 (2) For the Navy, $8,204,530,000.

18 (3) For the Air Force, $12,598,439,000.

19 (4) For Defense-wide activities,

20 $9,084,809,000, of which—

21 (A) $259,341,000 is authorized for the ac22 tivities of the Director, Test and Evaluation;

23 and

24 (B) $22,587,000 is authorized for the Di25 rector of Operational Test and Evaluation.
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1 (b) FISCAL YEAR 1997.—Funds are hereby author2 ized to be appropriated for fiscal year 1997 for the use

3 of the Armed Forces for research, development, test, and

4 evaluation, as follows:

5 (1) For the Army, $4,240,968,000.

6 (2) For the Navy, $7,716,920,000.

7 (3) For the Air Force, $11,655,554,000.

8 (4) For Defense-wide activities,

9 $9,040,169,000, of which—

10 (A) $267,029,000 is authorized for the ac11 tivities of the Director, Test and Evaluation;

12 and

13 (B) $22,978,000 is authorized for the Di14 rector of Operational Test and Evaluation.

15 TITLE III—OPERATION AND

16 MAINTENANCE

17 Subtitle A—Authorization of

18 Appropriations

19 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

20 (a) FISCAL YEAR 1996.—Funds are hereby author21 ized to be appropriated for fiscal year 1996 for the use

22 of the Armed Forces of the United States and other activi23 ties and agencies of the Department of Defense, for ex24 penses, not otherwise provided for, for operation and

25 maintenance, in amounts as follows:
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1 (1) For the Army, 18,184,736,000.

2 (2) For the Navy, $21,225,710,000.

3 (3) For the Marine Corps, $2,269,722,000.

4 (4) For the Air Force, $18,256,579,000.

5 (5) For Defense-wide activities,

6 $10,366,782,000.

7 (6) For the Army Reserve, $1,068,591,000.

8 (7) For the Naval Reserve, $826,042,000.

9 (8) For the Marine Corps Reserve,

10 $90,283,000.

11 (9) For the Air Force Reserve, $1,485,947,000.

12 (10) For the Army National Guard,

13 $2,304,108,000.

14 (11) For the Air National Guard,

15 $2,712,221,000.

16 (12) For the Defense Inspector General,

17 $138,226,000.

18 (13) For Drug Interdiction and Counter-drug

19 Activities, Defense-wide, $680,432,000.

20 (14) For the United States Court of Appeals

21 for the Armed Forces, $6,521,000.

22 (15) For Environmental Restoration Defense,

23 $1,622,200,000.

24 (16) For Medical Programs, Defense,

25 $9,865,525,000.
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1 (17) For Humanitarian Assistance,

2 $79,790,000.

3 (18) For Former Soviet Union Threat Reduc4 tion, $371,000,000.

5 (19) For Contributions for International Peace6 keeping and Peace Enforcement Activities, Defense,

7 $65,000,000.

8 (20) For support for the 1996 Summer Olym9 pics, $15,000,000.

10 (b) FISCAL YEAR 1997.—Funds are hereby author11 ized to be appropriated for fiscal year 1997 for the use

12 of the Armed Forces of the United States and other activi13 ties and agencies of the Department of Defense, for ex14 penses, not otherwise provided for, for operation and

15 maintenance, in amounts as follows:

16 (1) For the Army, $17,628,264,000.

17 (2) For the Navy, $20,254,507,000.

18 (3) For the Marine Corps, $2,285,047,000.

19 (4) For the Air Force, $18,346,851,000.

20 (5) For the Defense-wide activities,

21 $10,492,192,000.

22 (6) For the Army Reserve, $1,033,630,000.

23 (7) For the Naval Reserve, $864,712,000.

24 (8) For the Marine Corps Reserve,

25 $95,272,000.
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1 (9) For the Air Force Reserve, $1,059,030,000.

2 (10) For the Army National Guard,

3 $2,274,435,000.

4 (11) For the Air National Guard,

5 $2,773,343,000.

6 (12) For the Defense Inspector General,

7 $138,060,000.

8 (13) For Drug Interdiction and Counter-drug

9 Activities, Defense-wide, $700,756,000.

10 (14) For the United States Court of Appeals

11 for the Armed Forces, $6,586,000.

12 (15) For Environmental Restoration Defense,

13 $1,622,200,000.

14 (16) For Medical Programs, Defense,

15 $9,720,509,000.

16 (17) For Humanitarian Assistance,

17 $71,633,000.

18 (18) For Former Soviet Union Threat Reduc19 tion, $364,400,000.

20 (19) For Contributions for International Peace21 keeping and Peace Enforcement Activities, Defense,

22 $100,000,000.

23 SEC. 302. WORKING CAPITAL FUNDS.

24 (a) FISCAL YEAR 1996.—Funds are hereby author25 ized to be appropriated for fiscal year 1996 for the use
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1 of the Armed Forces of the United States and other activi2 ties and agencies of the Department of Defense for provid3 ing capital for working capital and revolving funds, in

4 amounts as follows:

5 (1) For the Defense Business Operations Fund,

6 $878,700,000.

7 (2) For the National Defense Sealift Fund,

8 $974,220,000.

9 (b) FISCAL YEAR 1997.—Funds are hereby author10 ized to be appropriated for fiscal year 1997 for the use

11 of the Armed Forces of the United States and other activi12 ties and agencies of the Department of Defense for provid13 ing capital for working capital and revolving funds, for

14 the National Defense Sealift Fund, $913,402,000.

15 SEC. 303. REPEAL OF LIMITATION ON ACTIVITIES OF THE

16 DEFENSE BUSINESS OPERATIONS FUND.

17 Section 316 of the National Defense Authorization

18 Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2208

19 note) is amended—

20 (1) by striking out ‘‘(a)’’ and the second sen21 tence in subsection (a); and

22 (2) by repealing subsection (b).
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1 SEC. 304. AMENDMENTS RELATING TO THE READY RE2 SERVE FORCE COMPONENT OF THE READY

3 RESERVE FLEET.

4 Section 2218 of title 10, United States Code is

5 amended—

6 (1) in subsection (c)—

7 (A) by striking out ‘‘and’’ at the end of

8 subparagraph (C);

9 (B) by striking out the period at the end

10 of subparagraph (D) and inserting ‘‘; and’’ in

11 lieu thereof; and

12 (C) by adding the following new subpara13 graph at the end thereof:

14 ‘‘(E) expenses of the National Defense Re15 serve Fleet, as established by section 11 of the

16 Merchant Ship Sales Act of 1946 (50 U.S.C.

17 App. 1744).’’; and

18 (2) in subsection (i), by striking out ‘‘Nothing’’

19 and inserting in lieu thereof ‘‘Except as provided in

20 subsection (c)(1)(E), nothing’’.

21 Subtitle B—Other Matters

22 SEC. 321. TESTING OF THEATER MISSILE DEFENSE INTER23 CEPTORS.

24 Section 237(a) of the National Defense Authorization

25 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

26 1600) is amended to read as follows:
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1 ‘‘(a) TESTING OF THEATER MISSILE DEFENSE

2 INTERCEPTORS.—The Secretary of Defense may not ap3 prove a theater missile defense interceptor program pro4 ceeding beyond the Low-Rate Initial Production until the

5 Secretary certifies to the congressional defense committees

6 successful completion of Initial Operational Test and Eval7 uation (IOT&E) in which sufficient flight tests, involving

8 multiple interceptors and multiple targets in the presence

9 of realistic countermeasures, have been conducted, the re10 sults of which demonstrate the achievement by the inter11 ceptors of the weapons systems performance thresholds

12 specified in the system baseline document established pur13 suant to section 2435(a)(l)(A) of title 10, United States

14 Code, before the program entered engineering and manu15 facturing systems development. Modeling and simulation

16 validated by ground and flight testing may be used to aug17 ment live fire testing to demonstrate weapons system per18 formance goals.’’.

19 SEC. 322. ESTABLISHMENT OF A DEPARTMENT OF DE20 FENSE LABORATORY REVITALIZATION DEM21 ONSTRATION PROGRAM.

22 (a) PROGRAM REQUIRED.—The Secretary of Defense

23 shall carry out a Department of Defense Laboratory Revi24 talization Demonstration Program. Under the program

25 the Secretary may carry out minor military construction
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1 projects in accordance with subsection (b) and other appli2 cable law to improve Department of Defense laboratories

3 covered by the program.

4 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

5 MINOR CONSTRUCTION PROJECTS.—For purpose of any

6 military construction project carried out under the pro7 gram—

8 (1) the amount provided in subsection (a)(1) of

9 section 2805 of title 10, United States Code, shall

10 be deemed to be $3,000,000;

11 (2) the amount provided in subsection (b)(1) of

12 such section shall be deemed to be $1,500,000; and

13 (3) the amount provided in subsection (c)(1) of

14 such section shall be deemed to be $1,000,000.

15 (c) DESIGNATION OF COVERED LABORATORIES.—

16 Not later than 30 days before commencing the program,

17 the Secretary shall designate the Department of Defense

18 laboratories that are to be covered by the program and

19 notify Congress of the laboratories so designated. Only the

20 designated laboratories may be covered by the program.

21 (d) REPORT.—Not later than September 30, 1999,

22 the Secretary shall submit to Congress a report on the

23 program. The report shall include the Secretary’s conclu24 sions and recommendations regarding the desirability and

25 feasibility of extending the authority set forth in sub-
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1 section (b) to cover all Department of Defense labora2 tories.

3 (e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec4 tion may be construed to limit any other authority pro5 vided by law for any military construction project at a De6 partment of Defense laboratory covered by the program.

7 (f) DEFINITIONS.—In this section:

8 (1) The term ‘‘laboratory’’ includes—

9 (A) a research, engineering, and develop10 ment center;

11 (B) a test and evaluation activity owned,

12 funded, and operated by the Federal Govern13 ment through the Department of Defense; and

14 (C) a supporting facility of a laboratory.

15 (2) The term ‘‘supporting facility’’, with respect

16 to a laboratory, means any building or structure

17 that is used in support of research, development,

18 test, and evaluation at a laboratory.

19 (3) The term ‘‘Department of Defense labora20 tory’’ does not include a contractor owned labora21 tory.

22 (g) EXPIRATION OF AUTHORITY.—The Secretary

23 may not carry out the program after September 30, 2000.
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1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 (a) FISCAL YEAR 1996.—The Armed Forces are au6 thorized strengths for active duty personnel as of Septem7 ber 30, 1996 , as follows:

8 (1) The Army, 495,000.

9 (2) The Navy, 428,000.

10 (3) The Marine Corps, 174,000.

11 (4) The Air Force, 388,200.

12 (b) FISCAL YEAR 1997.—The Armed Forces are au13 thorized strengths for active duty personnel as of Septem14 ber 30, 1997, as follows:

15 (1) The Army, 495,000.

16 (2) The Navy, 409,400.

17 (3) The Marine Corps, 174,000.

18 (4) The Air Force, 385,400.

19 Subtitle B—Reserve Forces

20 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

21 (a) FISCAL YEAR 1996.—The Armed Forces are au22 thorized strengths for Selected Reserve personnel of the

23 reserve components as of September 30, 1996, as follows:

24 (1) The Army National Guard of the United

25 States, 373,000.
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1 (2) The Army Reserve, 230,000.

2 (3) The Naval Reserve, 98,608.

3 (4) The Marine Corps Reserve, 42,000.

4 (5) The Air National Guard of the United

5 States, 109,458.

6 (6) The Air Force Reserve, 73,969.

7 (7) The Coast Guard Reserve, 8,000.

8 (b) FISCAL YEAR 1997.—The Armed Forces are au9 thorized strengths for Selected Reserve personnel of the

10 reserve components as of September 30, 1997, as follows:

11 (1) The Army National Guard of the United

12 States, 367,000.

13 (2) The Army Reserve, 215,000.

14 (3) The Naval Reserve, 96,402.

15 (4) The Marine Corps Reserve, 42,000.

16 (5) The Air National Guard of the United

17 States, 107,151.

18 (6) The Air Force Reserve, 73,160.

19 (7) The Coast Guard Reserve, 8,000.

20 (c) WAIVER AUTHORITY.—The Secretary of Defense

21 may vary the end strength authorized by subsection (a)

22 or subsection (b) by not more than 2 percent.

23 (d) ADJUSTMENTS.—The end strengths prescribed by

24 subsection (a) or (b) for the Selected Reserve of any re25 serve component shall be proportionately reduced by—
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1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of

3 such component which are on active duty (other

4 than for training) at the end of the fiscal year, and

5 (2) the total number of individual members not

6 in units organized to serve as units of the Selected

7 Reserve of such component who are on active duty

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end

10 of the fiscal year.

11 Whenever such units or such individual members are re12 leased from active duty during any fiscal year, the end

13 strength prescribed for such fiscal year for the Selected

14 Reserve of such reserve component shall be proportion15 ately increased by the total authorized strengths of such

16 units and by the total number of such individual members.

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

18 DUTY IN SUPPORT OF THE RESERVES.

19 (a) FISCAL YEAR 1996.—Within the end strengths

20 prescribed in section 411(a), the reserve components of

21 the Armed Forces are authorized, as of September 30,

22 1996 , the following number of Reserves to be serving on

23 full-time active duty or full-time duty, in the case of mem24 bers of the National Guard, for the purpose of organizing,
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1 administering, recruiting, instructing, or training the re2 serve components:

3 (1) The Army National Guard of the United

4 States, 23,390.

5 (2) The Army Reserve, 11,575.

6 (3) The Naval Reserve, 17,490.

7 (4) The Marine Corps Reserve, 2,285.

8 (5) The Air National Guard of the United

9 States, 9,817.

10 (6) The Air Force Reserve, 628.

11 (b) FISCAL YEAR 1997.—Within the end strengths

12 prescribed in section 411(b), the reserve components of

13 the Armed Forces are authorized, as of September 30,

14 1997, the following number of Reserves to be serving on

15 full-time active duty or full-time duty, in the case of mem16 bers of the National Guard, for the purpose of organizing,

17 administering, recruiting, instructing, or training the re18 serve components:

19 (1) The Army National Guard of the United

20 States, 23,040.

21 (2) The Army Reserve, 11,550.

22 (3) The Naval Reserve, 17,074.

23 (4) The Marine Corps Reserve, 2,285.

24 (5) The Air National Guard of the United

25 States, 9,824.
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1 (6) The Air Force Reserve, 625.

2 Subtitle C—Military Training

3 Student Loads

4 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

5 (a) FISCAL YEAR 1996.—For fiscal year 1996 , the

6 components of the Armed Forces are authorized average

7 military training loads as follows:

8 (1) The Army, 75,013.

9 (2) The Navy, 44,238.

10 (3) The Marine Corps, 26,095.

11 (4) The Air Force, 33,232.

12 (b) FISCAL YEAR 1997.—For fiscal year 1997, the

13 components of the Armed Forces are authorized average

14 military training loads as follows:

15 (1) The Army, 79,275.

16 (2) The Navy, 44,121.

17 (3) The Marine Corps, 27,255.

18 (4) The Air Force, 35,522.

19 (c) SCOPE.—The average military training student

20 loads authorized for an armed force under subsections (a)

21 and (b) apply to the active and reserve components of that

22 armed force.

23 (d) ADJUSTMENTS.—The average military student

24 loads authorized in subsections (a) and (b) shall be ad25 justed consistent with the end strengths authorized in sub-
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1 titles A and B. The Secretary of Defense shall prescribe

2 the manner in which such adjustments shall be appor3 tioned.

4 TITLE V—MILITARY PERSONNEL

5 POLICY

6 Subtitle A—Officer Personnel

7 Policy

8 SEC. 501. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT

9 FOR OFFICERS AND ENLISTED MEMBERS OF

10 THE ARMED FORCES.

11 (a) ENLISTED SERVICE CREDIT.—Section 972 of

12 title 10, United States Code, is amended to read as fol13 lows:

14 ‘‘§ 972. Enlisted members: required to make up time

15 lost

16 ‘‘An enlisted member of an armed force who—

17 ‘‘(1) deserts;

18 ‘‘(2) is absent from his organization, station, or

19 duty for more than one day without proper author20 ity, as determined by competent authority;

21 ‘‘(3) is confined by military or civilian authori22 ties for more than one day before, during or after

23 trial; or

24 ‘‘(4) is unable for more than one day, as deter25 mined by competent authority, to perform his duties
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1 because of intemperate use of drugs or alcoholic liq2 uor, or because of disease or injury resulting from

3 his misconduct;

4 is required, after his return to full duty, to serve for a

5 period that, when added to the period that he served be6 fore his absence from duty, amounts to the term for which

7 he was enlisted or inducted.’’.

8 (b) OFFICER SERVICE CREDIT.—Chapter 49 of title

9 10, United States Code, is amended by inserting after sec10 tion 972 the following new section:

11 ‘‘§ 972a. Officers: service credit

12 ‘‘(a) In the case of an officer of an armed force who—

13 ‘‘(1) deserts;

14 ‘‘(2) is absent from his organization, station, or

15 duty for more than one day without proper author16 ity, as determined by competent authority;

17 ‘‘(3) is confined by military or civilian authori18 ties for more than one day before, during or after

19 trial; or

20 ‘‘(4) is unable for more than one day, as deter21 mined by competent authority, to perform his duties

22 because of intemperate use of drugs or alcoholic liq23 uor, or because of disease or injury resulting from

24 his misconduct;
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1 the period of such desertion, absence, confinement, or in2 ability to perform duties may not be counted in computing,

3 for any purpose other than basic pay under section 205

4 of title 37, the officer’s length of service.’’.

5 (c) ARMY COMPUTATION OF YEARS OF SERVICE.—

6 Section 3926 of title 10, United States Code, is amended

7 by adding at the end the following new subsection:

8 ‘‘(e) Time identified in section 972a of this title may

9 not be counted in computing years of service under this

10 section.’’.

11 (d) NAVY COMPUTATION OF YEARS OF SERVICE.—

12 Chapter 571 of title 10, United States Code, is amended

13 by inserting after section 6327 the following new section:

14 ‘‘§ 6328. Computation of years of service: voluntary

15 retirement

16 ‘‘(a) ENLISTED MEMBERS.—Time required to be

17 made up under section 972 of this title may not be count18 ed in computing years of service under this chapter.

19 ‘‘(b) OFFICERS.—Time identified in section 972a of

20 this title may not be counted in computing years of service

21 under this chapter.’’.

22 (e) AIR FORCE COMPUTATION OF YEARS OF SERV23 ICE.—Section 8926 of title 10, United States Code, is

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(d) Time identified in section 972a of this title may

2 not be counted in computing years of service under this

3 section.’’.

4 (f) CLERICAL AMENDMENTS.—

5 (1) The table of sections at the beginning of

6 chapter 49 of title 10, United States Code, is

7 amended by inserting after the item relating to sec8 tion 972 the following new item:

‘‘972a. Officers: service credit.’’.

9 (2) The table of sections at the beginning of

10 chapter 571 of title 10, United States Code, is

11 amended by inserting after the item relating to sec12 tion 6327 the following new item:

‘‘6328. Computation of years of service: voluntary retirement.’’.

13 (g) EFFECTIVE DATE AND APPLICABILITY.—The

14 amendments made by this section shall take effect on Oc15 tober 1, 1995, and shall apply to time identified in sections

16 972 or 972a of title 10, United States Code, that occurs

17 after such effective date.

18 SEC. 502. CHANGES IN GENERAL OFFICER BILLET TITLES

19 RESULTING FROM THE REORGANIZATION OF

20 HEADQUARTERS, MARINE CORPS.

21 (a) HEADQUARTERS, MARINE CORPS: FUNCTION;

22 COMPOSITION.—Section 5041(b) of title 10, United States

23 Code, is amended to read as follows:
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1 ‘‘(b) The Headquarters, Marine Corps, is composed

2 of the following:

3 ‘‘(1) The Commandant of the Marine Corps.

4 ‘‘(2) The Vice Commandant of the Marine

5 Corps.

6 ‘‘(3) Director of the Marine Corps Staff.

7 ‘‘(4) Deputy Commandants of the Marine

8 Corps.

9 ‘‘(5) Assistant Commandants of the Marine

10 Corps.

11 ‘‘(6) Other members of the Navy and Marine

12 Corps assigned or detailed to the Headquarters, Ma13 rine Corps.

14 ‘‘(7) Civilian employees in the Department of

15 the Navy assigned or detailed to the Headquarters,

16 Marine Corps.’’.

17 (b) VICE COMMANDANT OF THE MARINE CORPS.—

18 Section 5044 is amended—

19 (1) by amending the heading to read as follows:

20 ‘‘§ 5044. Vice Commandant of the Marine Corps’’;

21 and

22 (2) by striking out ‘‘Assistant Commandant’’ in

23 each place it appears and inserting in lieu thereof

24 ‘‘Vice Commandant’’ in each instance.
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1 (c) DIRECTOR OF THE MARINE CORPS STAFF; DEP2 UTY AND ASSISTANT COMMANDANTS OF THE MARINE

3 CORPS.—Section 5045 of title 10, United States Code,

4 and its heading are amended to read as follows:

5 ‘‘§ 5045. Director of the Marine Corps Staff; Deputy

6 and Assistant Commandants of the Ma7 rine Corps

8 ‘‘There are in the Headquarters, Marine Corps, a Di9 rector of the Marine Corps Staff, not more than five Dep10 uty Commandants of the Marine Corps, and not more

11 than three Assistant Commandants of the Marine Corps,

12 detailed by the Secretary of the Navy from officers of the

13 active-duty list of the Marine Corps.’’.

14 (d) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 506 of title 10, United States

16 Code, is amended by striking out the items relating to sec17 tions 5044 and 5045 and inserting in lieu thereof the fol18 lowing new items:

‘‘5044. Vice Commandant of the Marine Corps.

‘‘5045. Director of the Marine Corps Staff; Deputy and Assistant Commandants

of the Marine Corps.’’.

19 SEC. 503. INCREASE IN THE TRANSITION PERIOD FOR OF20 FICERS SELECTED FOR EARLY RETIREMENT.

21 (a) SELECTIVE RETIREMENT OF WARRANT OFFI22 CERS.—Section 581 of title 10, United States Code, is

23 amended—
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1 (1) in subsection (b), by striking out ‘‘seventh’’

2 and inserting in lieu thereof ‘‘tenth’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(e) The Secretary concerned may defer the retire6 ment of an officer otherwise approved for early retirement

7 under this section for not more than 90 days in order to

8 prevent a personal hardship for the officer or for other

9 humanitarian reasons.’’.

10 (b) SELECTIVE EARLY RETIREMENT OF ACTIVE11 DUTY OFFICERS.—Section 638(b) of title 10, United

12 States Code, is amended—

13 (1) in paragraph (1)(A), by striking out ‘‘sev14 enth’’ and inserting in lieu thereof ‘‘tenth’’; and

15 (2) by adding at the end the following new

16 paragraph:

17 ‘‘(3) The Secretary concerned may defer the re18 tirement of an officer otherwise approved for early

19 retirement under this section or section 638a of this

20 title for not more than 90 days, in order to prevent

21 a personal hardship for the officer or for other hu22 manitarian reasons.’’.

23 (c) PERSONNEL STRENGTHS: REQUIREMENT FOR

24 ANNUAL AUTHORIZATION.—Section 115(d) of title 10,
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1 United States Code, is amended by adding at the end the

2 following new paragraph:

3 ‘‘(8) Members selected for early retirement

4 under section 581 or section 638 of this title whose

5 retirement has been deferred under section 581(e) or

6 section 638(b)(3) of this title.’’.

7 SEC. 504. REVISION IN THE AUTHORIZED STRENGTH LIMI8 TATIONS FOR AIR FORCE COMMISSIONED OF9 FICERS ON ACTIVE DUTY IN THE GRADE OF

10 MAJOR.

11 (a) REVISION IN THE AUTHORIZED STRENGTH LIMI12 TATIONS.—Notwithstanding section 523(a)(1) of title 10,

13 United States Code, and except as provided in section

14 523(c) of title 10, United States Code, of the total number

15 of commissioned officers serving on active duty in the Air

16 Force at the end of any fiscal year up to and including

17 fiscal year 1997 (excluding officers in categories specified

18 in section 523(b) of title 10, United States Code), the

19 number of officers who may be serving on active duty in

20 each of the grades of major, lieutenant colonel and colonel

21 may not, as of the end of such fiscal year, exceed a number

22 determined in accordance with the following table:

Total number of commissioned officers (excluding officers in categories specified in section 523(b) of title 10, United States Code)

on active duty:

Number of officers who may be serving on active

duty in grade of:

Major Lieutenant

Colonel Colonel

Air Force:

70,000 ..................................... 14,612 9,428 3,392
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Total number of commissioned officers (excluding officers in categories specified in section 523(b) of title 10, United States Code)

on active duty:

Number of officers who may be serving on active

duty in grade of:

Major Lieutenant

Colonel Colonel

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

1 (b) EXPIRATION OF AUTHORITY.—The revision in

2 the authorized strength limitations under subsection (a)

3 expires at the close of September 30, 1997.

4 SEC. 505. REVISION IN THE AUTHORIZED STRENGTH LIMI5 TATIONS FOR NAVY COMMISSIONED OFFI6 CERS ON ACTIVE DUTY IN GRADES OF LIEU7 TENANT COMMANDER, COMMANDER, AND

8 CAPTAIN.

9 (a) REVISION IN THE AUTHORIZED STRENGTH LIMI10 TATIONS.—Notwithstanding section 523(a)(2) of title 10,

11 United States Code, and except as provided in section

12 523(c) of title 10, United States Code, of the total number

13 of commissioned officers serving on active duty in the

14 Navy at the end of any fiscal year up to and including

15 fiscal year 1997 (excluding officers in categories specified

16 in section 523(b) of title 10, United States Code), the

17 number of officers who may be serving on active duty in

18 each of the grades of lieutenant commander, commander,
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1 and captain may not, as of the end of such fiscal year,

2 exceed a number determined in accordance with the fol3 lowing table:

Total number of commissioned officers (excluding officers in categories specified in section 523(b) of title 10, United States Code)

on active duty:

Number of officers who may be serving on active

duty in grade of:

Lieutenant

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

4 (b) EXPIRATION OF AUTHORITY.—The revision in

5 the authorized strength limitations under subsection (a)

6 expires at the close of September 30, 1997.

7 SEC. 506. AUTHORIZATION OF GENERAL OR FLAG OFFICER

8 PROMOTION ZONES.

9 Section 645 of title 10, United States Code, is

10 amended—

11 (1) by amending paragraph (1) to read as fol12 lows:

13 ‘‘(1) The term ‘promotion zone’ means a pro14 motion eligibility category consisting of the officers

15 on an active-duty list in the same grade and com16 petitive category who—

17 ‘‘(A) are senior to the officer designated by

18 the Secretary of the military department con-
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1 cerned to be the junior officer in the promotion

2 zone eligible for consideration for promotion to

3 the next higher grade together with the junior

4 officer so designated; and

5 ‘‘(B) in the case of officers in grades below

6 colonel, for officers of the Army, Air Force, and

7 Marine Corps, or captain, for officers of the

8 Navy, neither—

9 ‘‘(i) have failed of selection for pro10 motion to the next higher grade; nor

11 ‘‘(ii) have been removed from a list of

12 officers recommended for promotion to

13 that grade (other than after having been

14 placed on that list after a selection from

15 below the promotion zone).’’; and

16 (2) in paragraph (2), by inserting ‘‘below the

17 grade of colonel for officers of the Army, Air Force,

18 and Marine Corps, or captain for officers of the

19 Navy,’’ after ‘‘a group of officers’’.
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1 Subtitle B—Reserve Component

2 Matters

3 SEC. 511. REPEAL OF REQUIREMENT FOR PHYSICAL EXAM4 INATION ON CALLING MILITIA INTO FEDERAL

5 SERVICE.

6 (a) REPEAL OF REQUIREMENT.—Section 12408 of

7 title 10, United States Code, is repealed.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of chapter 1209 is amended by striking

10 out the item relating to section 12408.

11 SEC. 512. AUTHORITY TO PRESCRIBE THE DURATION OF

12 FIELD TRAINING OR PRACTICE CRUISE RE13 QUIRED FOR ADMISSION TO THE RESERVE

14 OFFICERS’ TRAINING CORPS ADVANCED

15 COURSE.

16 Section 2104(b)(6)(A)(ii) of title 10, United States

17 Code, is amended by striking out ‘‘not less than six weeks’’

18 and inserting in lieu thereof ‘‘a’’.

19 SEC. 513. CLARIFYING USE OF MILITARY MORALE, WEL20 FARE, AND RECREATION FACILITIES BY RE21 TIRED RESERVISTS.

22 Section 1065(a) of title 10, United States Code, is

23 amended by striking out the last sentence and inserting

24 in lieu thereof the following new sentences: ‘‘Such use by

25 members of the Selected Reserve, and the dependents of
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1 such members, shall be permitted on the same basis as

2 members on active duty. Such use by members who would

3 be eligible for retired pay under chapter 67 of this title

4 but for the fact that the members are under 60 years of

5 age, and the dependents of such members, shall be per6 mitted on the same basis as retirees from active duty mili7 tary service.’’.

8 SEC. 514. OBJECTIVE TO INCREASE PERCENTAGE OF

9 PRIOR ACTIVE DUTY PERSONNEL IN THE SE10 LECTED RESERVE.

11 Section 1111(a) of the National Defense Authoriza12 tion Act for Fiscal Year 1993 (10 U.S.C. 3077 note) is

13 amended to read as follows:

14 ‘‘(a) OBJECTIVE TO INCREASE PERCENTAGE.—The

15 Secretary of the Army shall have an objective of increasing

16 the percentage of qualified prior active duty personnel in

17 the Selected Reserve.’’.

18 SEC. 515. WEAR OF MILITARY UNIFORM BY NATIONAL

19 GUARD TECHNICIANS.

20 (a) TECHNICIANS: EMPLOYMENT, USE, STATUS.—

21 Section 709(b) of title 32, United States Code, is amended

22 to read as follows:

23 ‘‘(b) Except as prescribed by the Secretary concerned,

24 a technician employed under subsection (a) shall, while so

25 employed, be a member of the National Guard, hold the
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1 military grade specified by the Secretary concerned for

2 that position, and wear the military uniform appropriate

3 for the member’s grade and component of the armed

4 forces while performing duties as a technician.’’.

5 (b) UNIFORM ALLOWANCE: OFFICERS; GENERAL

6 PROVISIONS.—Section 417 of title 37, United States

7 Code, is amended by inserting at the end the following

8 new subsection:

9 ‘‘(d) Service as a National Guard technician by a per10 son who is an officer and is required to wear a military

11 uniform pursuant to section 709(b) of title 32 shall be

12 considered active duty (other than for training) for pur13 poses of sections 415 and 416 of this title. Section 1593

14 of title 10, United States Code, and section 5901 of title

15 5, United States Code, shall not apply to a National

16 Guard technician who receives a uniform allowance under

17 this Chapter.’’.

18 (c) CLOTHING ALLOWANCE: ENLISTED MEMBERS.—

19 Section 418 of title 37, United States Code, is amended

20 by inserting at the end the following new sentences: ‘‘In

21 determining the quantity and kind of clothing and allow22 ances to be furnished under this section to a member who

23 is a National Guard technician, the President shall take

24 into account the requirement that such person wear a mili25 tary uniform pursuant to section 709(b) of title 32. Sec-
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1 tion 1593 of title 10, United States Code, and section

2 5901 of title 5, United States Code, shall not apply to

3 a National Guard technician furnished clothing or allow4 ances under this section.’’.

5 SEC. 516. ACTIVE DUTY RETIREMENT SANCTUARY FOR RE6 SERVISTS.

7 Section 1163(d) of title 10, United States Code, is

8 amended—

9 (1) by designating the existing matter as para10 graph (1); and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(2) The regulations prescribed under para14 graph (1) may except from the prohibition on invol15 untary release in that paragraph members who serve

16 on active duty (other than for training) under sec17 tion 672(d) of this title under orders specifying a pe18 riod of less than 180 days provided that the member

19 is informed of and consents to such exception prior

20 to entry on active duty.’’.
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1 Subtitle C—Amendments to the

2 Uniform Code of Military Justice

3 SEC. 551. DEFINITIONS.

4 Section 801 (article 1) of title 10, United States

5 Code, is amended by inserting after paragraph (14) the

6 following new paragraphs:

7 ‘‘(15) The term ‘classified information’ means

8 any information or material that has been deter9 mined by the United States Government pursuant to

10 an Executive order, statute, or regulation, to require

11 protection against unauthorized disclosure for rea12 sons of national security, and any restricted data, as

13 defined in section 2014(y) of title 42, United States

14 Code.

15 ‘‘(16) The term ‘national security’ means the

16 national defense and foreign relations of the United

17 States.

18 ‘‘(17) The term ‘armed conflict’ means oper19 ations in which members of the United States armed

20 forces are involved as combatants in military actions,

21 operations, or hostilities against an enemy of the

22 United States or against an organized opposing for23 eign armed force regardless of whether or not a war

24 or national emergency has been declared by the
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1 President of the United States or the Congress of

2 the United States.’’.

3 SEC. 552. JURISDICTION OVER CIVILIANS ACCOMPANYING

4 THE FORCES IN THE FIELD IN TIME OF

5 ARMED CONFLICT.

6 Section 802(a)(10) (article 2(a)(10)) of title 10,

7 United States Code, is amended to read as follows:

8 ‘‘(10) In time of armed conflict, persons serving

9 with or accompanying an armed force in the field.’’.

10 SEC. 553. INVESTIGATIONS.

11 Section 832 (article 32) of title 10, United States

12 Code, is amended—

13 (1) by redesignating subsection (d) as sub14 section (e); and

15 (2) by inserting after subsection (c) the follow16 ing new subsection:

17 ‘‘(d) If during an investigation under this article, the

18 evidence indicates that the accused may have committed

19 an uncharged offense or offenses, the investigating officer

20 is authorized to investigate the subject matter of such of21 fense or offenses before the accused has been charged with

22 such offense or offenses. If the accused was present at

23 such investigation, was informed of the nature of the un24 charged offense or offenses, and was afforded the opportu25 nities for representation, cross-examination, and presen-
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1 tation prescribed in subsection (b), no further investiga2 tion of such offense or offenses is necessary under this

3 article.’’.

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

5 Section 847(b) (article 47(b)) of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘(b) Any person who commits an offense named in

8 subsection (a) shall be tried on indictment or information

9 in a United States district court or in a court of original

10 criminal jurisdiction in any of the Territories, Common11 wealths, or possessions of the United States, and jurisdic12 tion is conferred upon those courts for that purpose. Upon

13 conviction, such person shall be punished by fine or im14 prisonment, or both, at the court’s discretion.’’.

15 SEC. 555. RECORDS OF TRIAL.

16 Section 854(c)(1)(A) (article 54(c)(1)(A)) of title 10,

17 United States Code, is amended to read as follows:

18 ‘‘(A) in each general court-martial case in

19 which the sentence adjudged includes death,

20 dismissal of a commissioned officer, cadet, or

21 midshipman, dishonorable or bad-conduct dis22 charge, or confinement for one year or more;

23 and’’.
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1 SEC. 556. EFFECTIVE DATE OF PUNISHMENTS.

2 Section 857(a) (article 57(a)) of title 10, United

3 States Code, is amended to read as follows:

4 ‘‘(a) Unless otherwise directed by the convening au5 thority, forfeitures of pay, allowances, or both, and reduc6 tion in grade shall be effective on the date adjudged and,

7 in the case of forfeiture, may be collected from pay accru8 ing on and after that date. Periods during which a sen9 tence to forfeiture of pay, allowances, or both, is sus10 pended or deferred, shall be excluded in computing the du11 ration of forfeiture.’’.

12 SEC. 557. DEFERMENT OF CONFINEMENT.

13 (a) IN GENERAL.—Subchapter VIII of chapter 47 of

14 title 10, United States Code, is amended by inserting after

15 section 857 (article 57) the following new section (article):

16 ‘‘§ 857a. Art. 57a. Deferment of confinement

17 ‘‘(a) On application by an accused who is under sen18 tence to confinement that has not been ordered executed,

19 the convening authority or, if the accused is no longer

20 under his jurisdiction, the officer exercising general court21 martial jurisdiction over the command to which the ac22 cused is currently assigned, may in his sole discretion

23 defer service of the sentence to confinement. The

24 deferment shall terminate when the sentence is ordered

25 executed. The deferment may be rescinded at any time by

26 the officer who granted it or, if the accused is no longer
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1 under his jurisdiction, by the officer exercising general

2 court-martial jurisdiction over the command to which the

3 accused is assigned.

4 ‘‘(b) The Secretary concerned, and, when designated

5 by him, any Under Secretary, Assistant Secretary, Judge

6 Advocate General, or any commanding officer may, during

7 the pendency of a review of the accused’s court-martial

8 conducted pursuant to section 867(a)(2) of this title (arti9 cle 67(a)(2)), defer further service of a sentence to con10 finement which has been ordered executed.

11 ‘‘(c) When an accused in the custody of a state or

12 foreign country is returned temporarily to military au13 thorities for trial and later returned to the sending state

14 or country under the authority of a mutual agreement or

15 treaty, the convening authority may defer service of the

16 sentence to confinement without the consent of the ac17 cused. The deferment will terminate when the accused is

18 released permanently to military authorities by the state

19 or country in whose custody the accused is being held.

20 ‘‘(d) The President shall prescribe such regulations

21 as are necessary to provide for granting, with or without

22 conditions, and rescinding deferments provided for under

23 this section.’’.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of subchapter VIII of chapter 47 of title
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1 10, United States Code, is amended by inserting after the

2 item relating to section 857 (article 57) the following new

3 item:

‘‘857a. 57a. Deferment of confinement.’’.

4 (c) CONFORMING AMENDMENT.—Section 857 (article

5 57) of title 10, United States Code, is amended—

6 (1) by striking out subsection (d); and

7 (2) by redesignating subsection (e) as sub8 section (d).

9 SEC. 558. SUBMISSION OF MATTERS TO THE CONVENING

10 AUTHORITY FOR CONSIDERATION.

11 Section 860(b)(1) (article 60(b)(1)) of title 10, Unit12 ed States Code, is amended to read as follows:

13 ‘‘(b)(1) The accused may submit to the convening au14 thority written matters for consideration by the convening

15 authority with respect to the findings and sentence. Ex16 cept in a summary court-martial case, such a submission

17 shall be made within 10 days after the accused has been

18 given an authenticated record of trial and, if applicable,

19 the recommendation of the staff judge advocate or legal

20 officer under subsection (d). In a summary court-martial

21 case, such submission shall be made within seven days

22 after the sentence is announced.’’.

23 SEC. 559. PROCEEDINGS IN REVISION.

24 Section 860(e) (article 60(e)) of title 10, United

25 States Code, is amended—
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1 (1) by redesignating paragraph (3) as para2 graph (4); and

3 (2) by inserting after paragraph (2) the follow4 ing new paragraph:

5 ‘‘(3) Notwithstanding any other provision in this sec6 tion, a proceeding in revision may be ordered, prior to au7 thentication of the record of trial by the military judge,

8 to correct an erroneously announced sentence.’’.

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

10 (a) WAIVER OF WITHDRAWAL OF APPEAL.—Section

11 861(c) (article 61(c)) of title 10, United States Code, is

12 amended to read as follows:

13 ‘‘(c) A waiver of the right to appellate review or the

14 withdrawal of an appeal bars review under section 866 or

15 869(a) of this title (article 66 or 69(a)) or an application

16 for relief under section 869(b) of this title (article

17 69(b)).’’.

18 (b) REVIEW IN THE OFFICE OF THE JUDGE ADVO19 CATE GENERAL.—Section 869(b) (article 69(b)) of title

20 10, United States Code, is amended to read as follows:

21 ‘‘(b) Unless the accused has waived or withdrawn the

22 right to appellate review under section 861 of this title

23 (article 61), the findings or sentence, or both, in a court24 martial case not reviewed under subsection (a) or under

25 section 866 of this title (article 66) may be modified or
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1 set aside, in whole or in part, by the Judge Advocate Gen2 eral on the ground of newly discovered evidence, fraud on

3 the court, lack of jurisdiction over the accused or the of4 fense, error prejudicial to the substantial rights of the ac5 cused, or the appropriateness of the sentence. The applica6 tion must be filed in the office of the Judge Advocate Gen7 eral by the accused on or before the last day of the two8 year period beginning on the date the sentence is approved

9 under section 860(c) of this title (article 60(c)), unless the

10 accused establishes good cause for failure to file within

11 that time.’’.

12 SEC. 561. APPEAL BY THE UNITED STATES.

13 Section 862(a)(1) (article 62(a)(1)) of title 10, Unit14 ed States Code, is amended to read as follows:

15 ‘‘(a)(1) In a trial by court-martial in which a military

16 judge presides and in which a punitive discharge may be

17 adjudged, the United States may appeal an order or ruling

18 of the military judge which terminates the proceedings

19 with respect to a charge or specification or which excludes

20 evidence that is substantial proof of a fact material in the

21 proceeding, or, an order or ruling which directs the disclo22 sure of classified information, imposes sanctions for

23 nondisclosure of classified information, or which refuses

24 to issue a protective order sought by the United States

25 to prevent the disclosure of classified information, or re-
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1 fuses to enforce such an order previously issued by appro2 priate authority. The United States may not appeal an

3 order or ruling that is or that amounts to, a finding of

4 not guilty with respect to the charge or specification.’’.

5 SEC. 562. FLIGHT FROM APPREHENSION.

6 (a) IN GENERAL.—Section 895 (article 95) of title

7 10, United States Code, is amended to read as follows:

8 ‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,

9 and escape

10 ‘‘Any person subject to this chapter who resists or

11 flees from apprehension or breaks arrest or who escapes

12 from custody or confinement shall be punished as a court13 martial may direct.’’.

14 (b) CLERICAL AMENDMENT.—The item relating to

15 section 895 (article 95) in the table of sections at the be16 ginning of subchapter X of chapter 47 of title 10, United

17 States Code, is amended to read as follows:

‘‘895. 95. Resistance, flight, breach of arrest, and escape.’’.

18 SEC. 563. CARNAL KNOWLEDGE.

19 (a) GENDER NEUTRAL.—Section 920(b) (article

20 120(b)) of title 10, United States Code, is amended to

21 read:

22 ‘‘(b) Any person subject to this chapter who, under

23 circumstances not amounting to rape, commits an act of

24 sexual intercourse with a person—

25 ‘‘(1) who is not his or her spouse; and
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1 ‘‘(2) who has not attained the age of sixteen

2 years;

3 is guilty of carnal knowledge and shall be punished as a

4 court-martial may direct.’’.

5 (b) MISTAKE OF FACT.—Section 920 (article 120) of

6 title 10, United States Code, is amended by adding at the

7 end the following subsection:

8 ‘‘(d) In a prosecution under subsection (b) of this sec9 tion, it is a defense, that the accused must establish by

10 a preponderance of the evidence, that, at the time of the

11 alleged offense—

12 ‘‘(1) the person with whom the accused commit13 ted the act of sexual intercourse had attained the

14 age of 12 years; and

15 ‘‘(2) the accused reasonably believed that the

16 person with whom the accused committed the act of

17 sexual intercourse had attained the age of 16

18 years.’’.

19 SEC. 564. INSTRUCTION IN THE UNIFORM CODE OF MILI20 TARY JUSTICE.

21 Section 937(a)(1) (article 137(a)(1)) of title 10,

22 United States Code, is amended to read as follows:

23 ‘‘(a)(1) The sections of this title (articles of the Uni24 form Code of Military Justice) specified in paragraph (3)
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1 shall be carefully explained to each enlisted member at the

2 time of (or within fourteen days after)—

3 ‘‘(A) the member’s initial entrance on active

4 duty; or

5 ‘‘(B) the member’s initial entrance into a duty

6 status with a reserve component.’’.

7 Subtitle D—Other Matters

8 SEC. 571. CHIEF WARRANT OFFICER PROMOTIONS.

9 (a) REDUCTION OF MINIMUM TIME IN GRADE RE10 QUIRED FOR CHIEF WARRANT OFFICER TO BE CONSID11 ERED FOR PROMOTION.—Section 574(e) of title 10, Unit12 ed States Code, is amended by striking out ‘‘three’’ and

13 inserting in lieu thereof ‘‘two’’;

14 (b) AUTHORIZATION OF BELOW-ZONE SELECTION

15 FOR PROMOTION TO GRADE OF CHIEF WARRANT OFFI16 CER.—Section 575(b) of title 10 is amended by inserting

17 ‘‘chief warrant officer, W–3,’’ after ‘‘to consider warrant

18 officers for selection for promotion to the grade of’’.

19 SEC. 572. RETIREMENT OF DIRECTOR OF ADMISSIONS,

20 UNITED STATES MILITARY ACADEMY, FOR

21 YEARS OF SERVICE.

22 (a) IN GENERAL.—Section 3920 of title 10, United

23 States Code, is amended—

24 (1) by amending the heading to read as follows:
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1 ‘‘§ 3920. More than thirty years: permanent profes2 sors and the Director of Admissions of

3 United States Military Academy’’;

4 and

5 (2) by inserting ‘‘or the Director of Admis6 sions’’ after ‘‘permanent professor’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 367 of title 10, United States

9 Code, is amended by amending the item relating to section

10 3920 to read as follows:

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

11 TITLE VI—COMPENSATION AND

12 OTHER PERSONNEL BENEFITS

13 Subtitle A—Pay and Allowances

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

15 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

16 adjustment required by section 1009 of title 37, United

17 States Code, in elements of compensation of members of

18 the uniformed services to become effective during fiscal

19 year 1996 shall not be made.

20 (b) INCREASE IN BASIC PAY AND BAS.—Effective on

21 January 1, 1996, the rates of basic pay and basic allow22 ance for subsistence of members of the uniformed services

23 are increased by 2.4 percent.
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1 (c) INCREASE IN BAQ.—Effective on January 1,

2 1996, the rates of basic allowance for quarters of members

3 of the uniformed services are increased by 3.4 percent.

4 SEC. 602. EVACUATION ALLOWANCES THAT PERMITS

5 EQUAL TREATMENT OF MILITARY DEPEND6 ENTS TO CIVILIANS AND THEIR DEPEND7 ENTS.

8 (a) EQUAL TREATMENT OF MILITARY DEPENDENTS

9 TO CIVILIANS AND THEIR DEPENDENTS.—Section

10 405a(a) of title 37, United States Code, is amended by

11 striking out ‘‘ordered’’ each place it appears and inserting

12 in lieu thereof ‘‘officially authorized or ordered’’.

13 (b) EFFECTIVE DATE AND APPLICABILITY.—The

14 amendment made subsection (a) shall take effect on Octo15 ber 1, 1995, and shall apply to persons ordered or author16 ized to evacuate in accordance with section 405a, as re17 vised by this Act, on or after such date.

18 SEC. 603. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY

19 FOR CREWMEMBERS OF SHIPS DESIGNATED

20 AS TENDERS.

21 Section 305a(d)(1)(A) of title 37, United States

22 Code, is amended by inserting ‘‘, or while serving as a

23 member of a tender-class ship (with the hull classification

24 of submarine or destroyer)’’ after ‘‘the off-crew of a two25 crewed submarine’’.
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1 SEC. 604. INCREASE IN THE SUBSISTENCE ALLOWANCE

2 PAYABLE TO MEMBERS OF SENIOR RESERVE

3 OFFICER’S TRAINING CORPS.

4 (a) INCREASE.—Section 209(a) of title 37, United

5 States Code, is amended by striking out ‘‘$150 a month’’

6 in the first sentence and inserting in lieu thereof ‘‘$200

7 a month’’.

8 (b) APPLICATION OF INCREASE.—

9 (1) Except as provided in paragraph (2), the

10 amendments made by subsection (a) shall apply with

11 respect to months beginning after August 31, 1996.

12 (2) Upon the approval of the Secretary of De13 fense, the Secretary of a military department may

14 implement such amendments at an earlier date with

15 respect to members of the Senior Reserve Officer’s

16 Training Corps under the jurisdiction of the Sec17 retary if funds are available for the monthly subsist18 ence allowances authorized by such amendments.

19 SEC. 605. DISLOCATION ALLOWANCE (DLA) FOR BASE RE20 ALIGNMENT AND CLOSURE (BRAC) MOVES.

21 Section 407(a)(1) of title 37, United States Code, is

22 amended by inserting ‘‘directed order to move as a result

23 of a base realignment or closure or’’ before ‘‘change of

24 permanent station,’’.
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1 SEC. 606. FAMILY SEPARATION ALLOWANCE (FSA-II).

2 Section 427(b)(3) of title 37, United States Code, is

3 amended by inserting ‘‘subparagraph (A) of’’ after ‘‘not

4 entitled to an allowance under’’.

5 SEC. 607. AUTHORIZATION OF PAYMENT OF BASIC ALLOW6 ANCE FOR QUARTERS TO CERTAIN MEMBERS

7 OF THE UNIFORMED SERVICES ASSIGNED TO

8 SEA DUTY.

9 (a) IN GENERAL.—Section 403(c)(2) of title 37,

10 United States Code, is amended—

11 (1) in the first sentence, by striking out ‘‘E–7’’

12 and inserting in lieu thereof ‘‘E–6’’; and

13 (2) in the second sentence, by striking out ‘‘E–

14 6’’ and inserting in lieu thereof ‘‘E–5’’.

15 (b) EFFECTIVE DATE.—The amendments made by

16 this section shall take effect as of July 1, 1996.

17 Subtitle B—Bonuses and Special

18 and Incentive Pays

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

20 Section 301a(a)(4) of title 37, United States Code,

21 is amended by striking out ‘‘9’’ in the first sentence and

22 inserting in lieu thereof ‘‘8’’.

23 SEC. 612. EXPIRING AUTHORITIES.

24 (a) SELECTED RESERVE REENLISTMENT BONUS.—

25 Section 308b(f) of title 37, United States Code, is amend-
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1 ed by striking out ‘‘September 30, 1996’’ and inserting

2 in lieu thereof ‘‘September 30, 1998’’.

3 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec4 tion 308c(e) of title 37, United States Code, is amended

5 by striking out ‘‘September 30, 1996’’ and inserting in

6 lieu thereof ‘‘September 30, 1998’’.

7 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec8 tion 308e(e) of title 37, United States Code, is amended

9 by striking out ‘‘September 30, 1996’’ and inserting in

10 lieu thereof ‘‘September 30, 1998’’.

11 (d) READY RESERVE ENLISTMENT AND REENLIST12 MENT BONUS.—Section 308h(g) of title 37, United States

13 Code, is amended by striking out ‘‘September 30, 1996’’

14 and inserting in lieu thereof ‘‘September 30, 1998’’.

15 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

16 308i(i) of title 37, United States Code, is amended by

17 striking out ‘‘September 30, 1996’’ and inserting in lieu

18 thereof ‘‘September 30, 1998’’.

19 (f) NURSE OFFICER CANDIDATE ACCESSION PRO20 GRAM.—Section 2130a(a)(1) of title 10, United States

21 Code, is amended by striking out ‘‘September 30, 1996’’

22 and inserting in lieu thereof ‘‘September 30, 1998’’.

23 (g) ACCESSION BONUS FOR REGISTERED NURSES.—

24 Section 302d(a)(1) of title 37, United States Code, is
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1 amended by striking out ‘‘September 30, 1996’’ and in2 serting in lieu thereof ‘‘September 30, 1998’’.

3 (h) INCENTIVE SPECIAL PAY FOR NURSE ANES4 THETISTS.—Section 302e(a)(1) of title 37, United States

5 Code, is amended by striking out ‘‘September 30, 1996’’

6 and inserting in lieu thereof ‘‘September 30, 1998’’.

7 (i) REENLISTMENT BONUS FOR ACTIVE MEM8 BERS.—Section 308(g) of title 37, United States Code, is

9 amended by striking out ‘‘September 30, 1996’’ and in10 serting in lieu thereof ‘‘September 30, 1998’’.

11 (j) ENLISTMENT BONUS FOR CRITICAL SKILLS.—

12 Section 308a(c) of title 37, United States Code, is amend13 ed by striking out ‘‘September 30, 1996’’ and inserting

14 in lieu thereof ‘‘September 30, 1998’’.

15 (k) BONUS FOR ENLISTMENT IN THE ARMY.—Sec16 tion 308f(c) of title 37, United States Code, is amended

17 by striking out ‘‘September 30, 1996’’ and inserting in

18 lieu thereof ‘‘September 30, 1998’’.

19 (l) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

20 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI21 ORITY UNITS.—Section 308d(c) of title 37, United States

22 Code, is amended by striking out ‘‘September 30, 1996’’

23 and inserting in lieu thereof ‘‘September 30, 1998’’.

24 (m) REPAYMENT OF EDUCATION LOANS FOR CER25 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
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1 LECTED RESERVE.—Section 2172(d) of title 10, United

2 States Code, is amended by striking out ‘‘October 1,

3 1996’’, and inserting in lieu thereof ‘‘October 1, 1998’’.

4 (n) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

5 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

6 Section 613(d) of the National Defense Authorization Act,

7 Fiscal Year 1989 (37 U.S.C. 302 note) is amended by

8 striking out ‘‘September 30, 1996’’ and inserting in lieu

9 thereof ‘‘September 30, 1998’’.

10 (o) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI11 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

12 312(e) of title 37, United States Code, is amended by

13 striking out ‘‘September 30, 1996’’ and inserting in lieu

14 thereof ‘‘September 30, 2000’’.

15 (p) NUCLEAR CAREER ACCESSION BONUS.—Section

16 312b(c) of title 37, United States Code, is amended by

17 striking out ‘‘September 30, 1996’’ and inserting in lieu

18 thereof ‘‘September 30, 2000’’.

19 (q) NUCLEAR CAREER ANNUAL INCENTIVE

20 BONUS.—Section 312c(d) of title 37, United States Code,

21 is amended by striking out ‘‘October 1, 1996’’ and insert22 ing in lieu thereof ‘‘October 1, 2000’’.

23 (r) GRADE DETERMINATION AUTHORITY FOR CER24 TAIN RESERVE MEDICAL OFFICERS.— Sections 3359(b)

25 and 8359(b) of title 10, United States Code, are each
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1 amended by striking out ‘‘September 30, 1995’’ and in2 serting in lieu thereof ‘‘September 30, 1996’’.

3 (s) PROMOTION AUTHORITY FOR CERTAIN RESERVE

4 OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)

5 and 8380(d) of title 10, United States Code, are each

6 amended by striking out ‘‘September 30, 1995’’ and in7 serting in lieu thereof ‘‘September 30, 1996’’.

8 (t) YEARS OF SERVICE FOR MANDATORY TRANSFER

9 TO THE RETIRED RESERVE.—Section 1016(d) of the De10 partment of Defense Authorization Act, 1984 (10 U.S.C.

11 3360) is amended by striking out ‘‘September 30, 1995’’

12 and inserting in lieu thereof ‘‘September 30, 1996’’.

13 (u) MAKE PERMANENT THE AVIATION OFFICER RE14 TENTION BONUS.—Section 301b(a) of title 37, United

15 States Code, is amended by striking out ‘‘, during the pe16 riod beginning on January 1, 1989, and ending on Sep17 tember 30, 1996,’’.

18 (v) MAKE PERMANENT THE AUTHORITY FOR TEM19 PORARY PROMOTIONS OF CERTAIN NAVY LIEUTEN20 ANTS.—Section 5721 of title 10, United States Code, is

21 amended by striking out subsection (f).

22 (w) MAKE PERMANENT THE AUTHORITY FOR SPE23 CIALIZED TREATMENT FACILITY PROGRAM.—Section

24 1105 of title 10, United States Code, is amended by strik25 ing out subsection (h).
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 621. AUTHORITY TO EXPEND APPROPRIATED FUNDS

4 TO PAY CERTAIN ACTUAL EXPENSES OF RE5 SERVISTS.

6 Section 404(j) of title 37, United States Code, is

7 amended—

8 (1) in paragraph (1), by striking out the period

9 at the end of the paragraph and inserting in lieu

10 thereof ‘‘or, if transient government quarters are un11 available, may provide contract quarters as lodging

12 in kind as if the member were entitled to such allow13 ances under subsection (a) of this section.’’; and

14 (2) in paragraph (3), by inserting ‘‘or expenses

15 for contract quarters’’ after ‘‘service charge ex16 penses’’.

17 SEC. 622. FLEXIBILITY WHEN AUTHORIZING SHIPMENT OF

18 A MOTOR VEHICLE INCIDENT TO PERMA19 NENT CHANGE OF STATION ORDERS.

20 (a) IN GENERAL.—Section 2634(a)(4) of title 10,

21 United States Code, is amended—

22 (1) by striking out ‘‘surface’’;

23 (2) by inserting after ‘‘by other transportation

24 if’’ ‘‘under regulations developed by the Secretary of

25 Defense,’’; and
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1 (3) by striking out ‘‘does’’ and inserting in lieu

2 thereof ‘‘is determined’’.

3 (b) EFFECTIVE DATE AND APPLICABILITY.—Section

4 2634(a)(4) of title 10, United States Code, as amended

5 by this section, shall take effect on October 1, 1995, and

6 shall apply to vehicles placed for shipment on or after such

7 date.

8 SEC. 623. AUTHORIZATION OF RETURN TO UNITED STATES

9 OF FORMERLY DEPENDENT CHILDREN WHO

10 ATTAIN AGE OVERSEAS.

11 (a) IN GENERAL.—Section 406(h)(1) of title 37,

12 United States Code, is amended by striking out the last

13 sentence and inserting in lieu thereof the following new

14 sentence: ‘‘For the purposes of this section, a member’s

15 unmarried child for whom the member received transpor16 tation in kind to his station outside the United States or

17 in Hawaii or Alaska, reimbursement therefor, or a mone18 tary allowance in place thereof and who ceased to be a

19 dependent, by reason of age, or graduation from or ces20 sation of enrollment in an institution of higher education,

21 while the member was serving at that station shall be con22 sidered as a dependent of the member.’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 this section shall take effect on October 1, 1996.
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1 Subtitle D—Retired Pay,

2 Insurance, and Survivor Benefits

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

4 Section 1331 of chapter 67 of title 10, United States

5 Code, is amended—

6 (1) by redesignating subsections (d) and (e) as

7 subsections (e) and (f) respectively; and

8 (2) by inserting after subsection (c) the follow9 ing new subsection:

10 ‘‘(d) No person who is convicted of an offense under

11 the Uniform Code of Military Justice (chapter 47 of title

12 10), and whose executed sentence includes death, dishon13 orable discharge, bad conduct discharge, or dismissal from

14 the service, is eligible for retired pay under this chapter.’’.

15 SEC. 632. FISCAL YEAR 1996 COST-OF-LIVING ADJUSTMENT

16 FOR MILITARY RETIREES.

17 (a) IN GENERAL.—Notwithstanding the provisions of

18 section 1401a(b)(2)(B)(ii) of title 10, United States Code,

19 or of section 8114A(b) of Department of Defense Appro20 priations Act, 1995 (Public Law 103–335; 108 Stat.

21 2648), or of any other provision of law, the fiscal year

22 1996 increase in military retired pay first shall be payable

23 as part of such retired pay for the month of March 1996.

24 (b) DEFINITIONS.—For the purpose of this section,

25 the following definitions apply:
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1 (1) The term ‘‘fiscal year 1996 increase in mili2 tary retired pay’’ means the increase in retired pay

3 that, pursuant to paragraph (1) of section 1401a(b)

4 of title 10, United States Code, becomes effective on

5 December 1, 1995.

6 (2) The term ‘‘retired pay’’ includes retainer

7 pay.

8 SEC. 633. IMPROVED DEATH AND DISABILITY BENEFITS

9 FOR RESERVISTS.

10 (a) MEDICAL AND DENTAL CARE: MEMBERS ON

11 DUTY OTHER THAN ACTIVE DUTY FOR A PERIOD OF

12 MORE THAN 30 DAYS.—Section 1074a(a) of title 10,

13 United States Code, is amended by inserting after para14 graph (2) the following new paragraph:

15 ‘‘(3) Each member of a uniformed service who

16 incurs or aggravates an injury, illness, or disease in

17 the line of duty while remaining overnight at or in

18 the vicinity of a site outside reasonable commuting

19 distance from the member’s residence at which site

20 the member has performed inactive duty training be21 tween successive periods of such training.’’.

22 (b) RECOVERY, CARE, AND DISPOSITION OF RE23 MAINS: DECEDENTS COVERED.—Section 1481(a)(2) of

24 title 10, United States Code, is amended—
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1 (1) in subparagraph (C), by striking out ‘‘or’’

2 at the end of the subparagraph;

3 (2) by redesignating subparagraph (D) as sub4 paragraph (E); and

5 (3) by inserting after subparagraph (C) the fol6 lowing new subparagraph:

7 ‘‘(D) remaining overnight at or in the vi8 cinity of a site outside reasonable commuting

9 distance from the member’s residence at which

10 site the member has performed inactive duty

11 training between successive periods of such

12 training; or’’.

13 (c) ENTITLEMENT TO BASIC PAY.—Section 204 of

14 title 37, United States Code is amended—

15 (1) in subsection (g)(1)—

16 (A) in subparagraph (B), by striking out

17 ‘‘or’’ at the end of the subparagraph;

18 (B) in subparagraph (C), by striking out

19 the period at the end of the subparagraph and

20 inserting in lieu thereof ‘‘; or’’; and

21 (C) by inserting after subparagraph (C)

22 the following new subparagraph:

23 ‘‘(D) in line of duty while remaining over24 night at or in the vicinity of a site outside rea25 sonable commuting distance from the member’s
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1 residence at which site the member has per2 formed inactive duty training between succes3 sive periods of such training.’’; and

4 (2) in subsection (h)(1)—

5 (A) in subparagraph (B), by striking out

6 ‘‘or’’ at the end of the subparagraph;

7 (B) in subparagraph (C), by striking out

8 the period at the end of the subparagraph and

9 inserting in lieu thereof ‘‘; or’’; and

10 (C) by inserting after subparagraph (C)

11 the following new subparagraph:

12 ‘‘(D) in line of duty while remaining over13 night at or in the vicinity of a site outside rea14 sonable commuting distance from the member’s

15 residence at which site the member has per16 formed inactive duty training between succes17 sive periods of such training.’’.

18 (d) RESERVES: MEMBERS OF NATIONAL GUARD: IN19 ACTIVE-DUTY TRAINING.—Section 206(a)(3) of title 37,

20 United States Code, is amended—

21 (1) in subparagraph (A), by striking out ‘‘or’’

22 at the end of clause (ii);

23 (2) in subparagraph (B), by striking out the pe24 riod at the end of the subparagraph and inserting in

25 lieu thereof ‘‘; or’’; and
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1 (3) by inserting after subparagraph (B) the fol2 lowing new subparagraph:

3 ‘‘(C) in line of duty while remaining over4 night at or in the vicinity of a site outside rea5 sonable commuting distance from the member’s

6 residence at which site the member has per7 formed inactive duty training between succes8 sive periods of such training.’’.

9 Subtitle E—Separation Pay

10 SEC. 641. TRANSITIONAL COMPENSATION FOR DEPEND11 ENTS OF MEMBERS OF THE ARMED FORCES

12 SEPARATED FOR DEPENDENT ABUSE.

13 Section 1059(d) of title 10, United States Code, is

14 amended by striking out ‘‘of a separation from active duty

15 as’’ in the first sentence.

16 Subtitle F—Other Matters

17 SEC. 651. MILITARY CLOTHING SALES STORES, REPLACE18 MENT SALES.

19 (a) IN GENERAL.—Chapter 651 of title 10, United

20 States Code, is amended by adding at the end the follow21 ing new section:
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1 ‘‘§ 7606. Subsistence and other supplies: members of

2 armed forces; veterans; executive or mili3 tary departments and employees; prices

4 ‘‘(a) The branch, office or officer designated by the

5 Secretary of the Navy shall procure or sell, for cash or

6 credit—

7 ‘‘(1) articles specified by the Secretary of the

8 Navy or a person designated by him, to members of

9 the Navy and Marine Corps; and

10 ‘‘(2) items of individual clothing and equipment

11 to members of the Navy and Marine Corps, under

12 such restrictions as the Secretary may prescribe.

13 An account of sales on credit shall be kept and the amount

14 due reported to any branch office, or officer designated

15 by the Secretary. Except for articles and items acquired

16 through the use of working capital funds under section

17 2208 of this title, sales of articles shall be at cost, and

18 sales of individual clothing and equipment shall be at aver19 age current prices, including overhead, as determined by

20 the Secretary.

21 ‘‘(b) The branch, office, or officer designated by the

22 Secretary shall sell subsistence supplies to members of

23 other armed forces at the prices at which like property

24 is sold to members of the Navy and Marine Corps.

25 ‘‘(c) The branch, office or officer designated by the

26 Secretary may sell serviceable supplies, other than subsist-
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1 ence supplies, to members of other armed forces at the

2 prices at which like property is sold to members of the

3 Navy and Marine Corps.

4 ‘‘(d) A person who has been discharged honorably or

5 under honorable conditions from the Army, Navy, Air

6 Force or Marine Corps and who is receiving care and med7 ical treatment from the Public Health Service or the De8 partment of Veterans Affairs may buy subsistence supplies

9 and other supplies, except articles of uniform, at the prices

10 at which like property is sold to members of the Navy and

11 Marine Corps.

12 ‘‘(e) Under such conditions as the Secretary may pre13 scribe, exterior articles of uniform may be sold to a person

14 who has been discharged from the Navy or Marine Corps

15 honorably or under honorable conditions at the prices at

16 which like articles are sold to members of the Navy or

17 Marine Corps. This subsection does not modify sections

18 772 or 773 of this title.

19 ‘‘(f) Under regulations prescribed by the Secretary,

20 payment for subsistence supplies shall be made in cash

21 or by commercial credit.

22 ‘‘(g) The Secretary may provide for the procurement

23 and sale of stores designated by him to such civilian offi24 cers and employees of the United States, and such other

25 persons as he considers proper—
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1 ‘‘(1) at military installations outside the United

2 States (provided such sales conform with host nation

3 support agreements); and

4 ‘‘(2) at military installations inside the United

5 States where the Secretary determines that it is im6 practicable for those civilian officers, employees, and

7 persons to obtain such stores from commercial enter8 prises without impairing the efficient operation of

9 military activities.

10 However, sales to such civilian officers and employees of

11 the United States inside the United States may be only

12 to those who reside within military installations.

13 ‘‘(h) Appropriations for subsistence of the Navy or

14 Marine Corps may be applied to the purchase of subsist15 ence supplies for sale to members of the Navy and Marine

16 Corps on active duty for the use of themselves and their

17 families.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 651 of title 10, United States

20 Code, is amended by adding at the end the following new

21 item:

‘‘7606. Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices.’’.
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 Subtitle A—Health Care

4 Management

5 SEC. 701. CODIFICATION AND STRENGTHENING OF

6 CHAMPUS PHYSICIAN PAYMENT REFORM

7 PROGRAM.

8 Section 1079(h) of title 10, United States Code, is

9 amended to read as follows:

10 ‘‘(h)(1) Subject to paragraph (2), payment for a

11 charge for services by an individual health care profes12 sional (or other non institutional health-care provider) for

13 which a claim is submitted under a plan contracted for

14 under subsection (a) shall be limited to the lesser of—

15 ‘‘(A) the amount equivalent to the 80th per16 centile of billed charges, as determined by the Sec17 retary of Defense, in consultation with the other ad18 ministering Secretaries, for similar services in the

19 same locality during a twelve month base period,

20 which base period may be adjusted as frequently as

21 the Secretary considers appropriate; or

22 ‘‘(B) the amount determined to the extent prac23 ticable in accordance with the same reimbursement

24 rules as apply to payments for medical and other
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1 health services under title XVIII of the Social Secu2 rity Act (42 U.S.C. 1395 et seq.).

3 ‘‘(2) The amount to be paid to an individual health4 care professional (or other non- institutional health-care

5 provider) shall be determined under regulations to be pre6 scribed by the Secretary of Defense in consultation with

7 the other administering Secretaries pursuant to paragraph

8 (1). Such regulations—

9 ‘‘(A) may provide for such exceptions as the

10 Secretary determines necessary to assure that cov11 ered beneficiaries have adequate access to health

12 care services, including payment of amounts greater

13 than the allowable amounts when enrollees in man14 aged care programs obtain covered emergency serv15 ices from non-participating providers;

16 ‘‘(B) shall establish limitations (similar to those

17 established under title XVIII of the Social Security

18 Act (42 U.S.C. 1395 et seq.)) on beneficiary liability

19 for charges of an individual health-care professional

20 (or other non-institutional health care provider); and

21 ‘‘(C) shall assure that in transitioning from the

22 payment methods previously in effect to any meth23 odology authorized by this subsection, in no case

24 may the amount allowable for any service be reduced

25 by more than fifteen percent from the amount al-
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1 lowed for the same service in the immediately pre2 ceding twelve-month period (or other duration as es3 tablished by the Secretary of Defense).’’.

4 SEC. 702. REPEAL OF CERTAIN LIMITATIONS ON REDUC5 TIONS OF MEDICAL PERSONNEL.

6 (a) LIMITATION ON REDUCTIONS IN MEDICAL PER7 SONNEL.—Section 711 of the National Defense Authoriza8 tion Act for Fiscal Year 1991 (10 U.S.C. 115 note) is

9 repealed.

10 (b) MINIMUM NUMBER OF NAVY HEALTH PROFES11 SIONS OFFICERS.—Section 718 of the National Defense

12 Authorization Act for Fiscal Years 1992 and 1993 (10

13 U.S.C. 115 note) is amended by striking out subsection

14 (b).

15 (c) LIMITATION ON REDUCTION IN NUMBER OF RE16 SERVE COMPONENT MEDICAL PERSONNEL.—Section 518

17 of the National Defense Authorization Act for Fiscal Year

18 1993 (10 U.S.C. 261 note) is repealed.

19 Subtitle B—Other Matters

20 SEC. 711. CLOSURE OF THE UNIFORMED SERVICES UNIVER21 SITY OF THE HEALTH SCIENCES.

22 (a) REPEAL OF AUTHORITY.—Chapter 104 of title

23 10, United States Code, is hereby repealed.

24 (b) PHASE-OUT PROCESS.—
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1 (1) Notwithstanding any other provision of law,

2 the Secretary of Defense shall phase out the Uni3 formed Services University of the Health Sciences,

4 beginning in fiscal year 1996, and ending with the

5 closure of such University not later than September

6 30, 1999. No provision of section 2687 of title 10,

7 United States Code, or of any other law establishing

8 preconditions to the closure of any activity of the

9 Department of Defense shall operate to establish

10 any precondition to the phaseout and closure of the

11 Uniformed Services University of the Health

12 Sciences pursuant to this Act.

13 (2) Under the phase-out process required by

14 paragraph (1), the Secretary of Defense is author15 ized to exercise all of the authorities pertaining to

16 the operation of the Uniformed Services University

17 of the Health Sciences that were granted to the Sec18 retary of Defense, the Board of Regents, or the

19 Dean of the Uniformed Services University of the

20 Health Sciences by chapter 104 of title 10, United

21 States Code, prior to enactment of the repeal of that

22 chapter by subsection (a). Such authorities may be

23 exercised by the Secretary of Defense so as to

24 achieve an orderly phase-out of operations of the
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1 Uniformed Services University of the Health

2 Sciences.

3 (3) No new class of students may be admitted

4 to begin studies in the Uniformed Services Univer5 sity of the Health Sciences after September 30,

6 1995. No students may be awarded degrees by such

7 University after September 30, 1999, except that

8 the Secretary of Defense may grant exceptions on a

9 case-by-case basis for any students who by that date

10 have completed substantially all degree require11 ments.

12 (c) AUTHORITIES UNAFFECTED.—

13 (1) Commissioned service obligations incurred

14 by students of the Uniformed Services University of

15 the Health Sciences shall be unaffected by enact16 ment of the repeal of chapter 104 of title 10, United

17 States Code, by subsection (a).

18 (2) Nothing in this Act shall be construed as

19 limiting the exercise by the Secretary of Defense of

20 other authorities under law pertaining to health

21 sciences education, training and professional devel22 opment, graduate medical education, medical and

23 scientific research, and similar activities. To the ex24 tent any such activities had been assigned by the

25 Secretary of Defense to the Uniformed Services Uni-
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1 versity of the Health Sciences, the Secretary of De2 fense’s authority to assign such activities to any

3 other component or entity of the Department of De4 fense shall be unaffected by the phase-out and clo5 sure of the Uniformed Services University of the

6 Health Sciences pursuant to this Act.

7 (d) CONFORMING AMENDMENTS.—Section 178 of

8 title 10, United States Code, pertaining to the Henry M.

9 Jackson Foundation for the Advancement of Military

10 Medicine, is amended—

11 (1) in subsection (b), by striking out ‘‘Uni12 formed Services University of the Health Sciences’’

13 and inserting in lieu thereof ‘‘Department of De14 fense’’;

15 (2) in subsection (c)(1)(B), by striking out ‘‘the

16 Dean of the Uniformed Services University of the

17 Health Sciences’’ and inserting in lieu thereof ‘‘a

18 person designated by the Secretary of Defense’’; and

19 (3) in subsection (g)(1), by striking out ‘‘Uni20 formed Services University of the Health Sciences’’

21 and inserting in lieu thereof ‘‘Secretary of Defense’’.

22 (e) CLERICAL AMENDMENT.—The table of chapters

23 at the beginning of subtitle A and at the beginning of part

24 III of such subtitle of title 10, United States Code, is

25 amended by striking out the items relating to chapter 104.
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1 SEC. 712. REPEAL OF THE STATUTORY RESTRICTION ON

2 USE OF FUNDS FOR ABORTIONS.

3 (a) IN GENERAL.—Section 1093 of title 10, United

4 States Code, is repealed.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of chapter 55, United States Code, is

7 amended by striking out the item relating to section 1093.

8 (c) EFFECTIVE DATE.—The amendment made by

9 this section shall be effective October 1, 1995.

10 TITLE VIII—DEPARTMENT OF

11 DEFENSE ORGANIZATION

12 AND MANAGEMENT

13 Subtitle A—Secretarial Matters

14 SEC. 801. ADDITIONAL ASSISTANT SECRETARY OF DE15 FENSE.

16 Section 138(a) of title 10, United States Code, is

17 amended by striking out ‘‘eleven’’ and inserting in lieu

18 thereof ‘‘twelve’’.

19 SEC. 802. CHANGE IN NAME OF ASSISTANT TO THE SEC20 RETARY OF DEFENSE FOR ATOMIC ENERGY

21 TO ASSISTANT TO THE SECRETARY OF DE22 FENSE FOR NUCLEAR AND CHEMICAL PRO23 GRAMS.

24 (a) IN GENERAL.—Section 142 of title 10, United

25 States Code, is amended—

26 (1) by amending the heading to read as follows:
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1 ‘‘§ 142. The Assistant to the Secretary of Defense for

2 Nuclear and Chemical Programs’’;

3 (2) in subsection (a), by striking out ‘‘Assistant

4 to the Secretary of Defense for Atomic Energy’’ and

5 inserting in lieu thereof ‘‘Assistant to the Secretary

6 of Defense for Nuclear and Chemical Programs’’;

7 and

8 (3) by amending subsection (b) to read as fol9 lows:

10 ‘‘(b) The Assistant to the Secretary shall perform

11 such functions as the Secretary of Defense may prescribe

12 and shall advise the Secretary of Defense on nuclear en13 ergy, nuclear weapons, and chemical and biological defense

14 program matters. The Assistant to the Secretary also shall

15 serve as the Staff Director of the Nuclear Weapons Coun16 cil established by section 179 of this title.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 4 of title 10, United States

19 Code, is amended by amending the item relating to section

20 142 to read as follows:

‘‘142. The Assistant to the Secretary of Defense for Nuclear and Chemical Programs.’’.

21 (c) CONFORMING AMENDMENT.—Section 179(c)(2)

22 of title 10, United States Code, is amended by striking

23 out ‘‘The Assistant to the Secretary of Defense for Atomic

24 Energy’’ and inserting in lieu thereof ‘‘The Assistant to
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1 the Secretary of Defense for Nuclear and Chemical Pro2 grams.’’.

3 Subtitle B—Other Matters

4 SEC. 811. REPEAL OF PROHIBITION OF CONTRACTING FOR

5 FIREFIGHTING AND SECURITY GUARD FUNC6 TIONS AT MILITARY FACILITIES.

7 Section 2465 of title 10, United States Code, is re8 pealed.

9 SEC. 812. INCREASE IN UNSPECIFIED MINOR CONSTRUC10 TION THRESHOLD FROM $1,500,000 TO

11 $1,700,000 AND THE OPERATION AND MAINTE12 NANCE THRESHOLD FROM $300,000 TO

13 $350,000.

14 Section 2805 of title 10, United States Code, is

15 amended—

16 (1) in subsection (a)(1), by striking out

17 ‘‘$1,500,000’’ and inserting in lieu thereof

18 ‘‘$1,700,000’’; and

19 (2) in subsection (c)(1), by striking out

20 ‘‘$300,000’’ and inserting in lieu thereof

21 ‘‘$350,000’’.

22 SEC. 813. ANNUAL REPORT ON NATIONAL GUARD AND RE23 SERVE COMPONENT EQUIPMENT.

24 (a) SUBMISSION DATE OF REPORT.—Section

25 115b(a) of title 10, United States Code, is amended by
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1 striking out ‘‘February 15’’ and inserting in lieu thereof

2 ‘‘March 1’’.

3 (b) DEFINITION OF EQUIPMENT IN THE REPORT.—

4 Section 115b(b) of title 10, United States Code, is amend5 ed—

6 (1) in paragraphs (1) through (6), by striking

7 out ‘‘major item of equipment’’ each place it appears

8 and inserting in lieu thereof in each instance ‘‘com9 bat essential item of equipment’’;

10 (2) in paragraph (5)(E), by striking out ‘‘major

11 item of equipment.’’ and inserting in lieu thereof

12 ‘‘combat essential item of equipment.’’; and

13 (3) in paragraph (7), by striking out ‘‘item of

14 major equipment’’ and inserting in lieu thereof

15 ‘‘combat essential item of equipment’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect on October 1, 1995.

18 TITLE IX—GENERAL

19 PROVISIONS

20 Subtitle A—Other Matters

21 SEC. 901. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNI22 TIES PROGRAM.

23 Section 1091 of the National Defense Authorization

24 Act for Fiscal Year 1993 (32 U.S.C. 501 note) is amend25 ed—
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1 (1) by amending subsection (a) to read as fol2 lows:

3 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of De4 fense, acting through the Chief of the National Guard Bu5 reau, may conduct a program to be known as the ‘‘Na6 tional Guard Civilian Youth Opportunities Program.’’;

7 (2) by amending subsection (b) to read as fol8 lows:

9 ‘‘(b) PURPOSE.—The purpose of the program is to

10 improve the life skills and employment potential of civilian

11 youth who cease to attend secondary school before gradua12 tion, through military-based training, including supervised

13 work experience in community service and conservation

14 projects, provided by the National Guard.’’;

15 (3) by striking out ‘‘pilot’’ in each place it ap16 pears;

17 (4) by striking out ‘‘conducted under the pilot

18 program’’ in each place it appears; and

19 (5) by striking out ‘‘under the pilot program’’

20 in the first sentence of subsection (g)(1).

21 SEC. 902. ARMED FORCES HISTORICAL PRESERVATION

22 PROGRAM.

23 Section 2572(b)(1) of title 10, United States Code

24 is amended by striking out ‘‘and restoration services’’ and

25 inserting in lieu thereof ‘‘restoration, conservation, and
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1 preservation services, and for educational programs, sup2 plies and new upgraded or renovated conservation equip3 ment, facilities and systems within existing structures,’’.

4 SEC. 903. AMENDMENTS TO EDUCATION LOAN REPAYMENT

5 PROGRAMS.

6 (a) GENERAL EDUCATION LOAN REPAYMENT PRO7 GRAM.—Section 2171(a)(1) of title 10, United States

8 Code, is amended—

9 (1) by striking out ‘‘or’’ at the end of subpara10 graph (A);

11 (2) by redesignating subparagraph (B) as sub12 paragraph (C); and

13 (3) by inserting after subparagraph (A) the fol14 lowing new subparagraph:

15 ‘‘(B) any loan made under part D of such

16 title (the William D. Ford Federal Direct Loan

17 Program, 20 U.S.C. 1087a et seq.); or’’.

18 (b) EDUCATION LOAN REPAYMENT PROGRAM: EN19 LISTED MEMBERS OF SELECTED RESERVE WITH CRITI20 CAL SPECIALTIES.—Section 16301(a)(1) of title 10, Unit21 ed States Code, is amended—

22 (1) by striking out ‘‘or’’ at the end of subpara23 graph (A);

24 (2) by redesignating subparagraph (B) as sub25 paragraph (C); and
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1 (3) by inserting after subparagraph (A) the fol2 lowing new subparagraph:

3 ‘‘(B) any loan made under part D of such

4 title (the William D. Ford Federal Direct Loan

5 Program, 20 U.S.C. 1087a et seq.); or’’.

6 (c) EDUCATION LOAN REPAYMENT PROGRAM:

7 HEALTH PROFESSIONS OFFICERS SERVING IN SELECTED

8 RESERVE WITH WARTIME CRITICAL MEDICAL SKILL

9 SHORTAGES.—Section 16302(a) of title 10, United States

10 Code, is amended—

11 (1) by redesignating paragraphs (2) through

12 (4) as paragraphs (3) through (5) respectively; and

13 (2) by inserting after paragraph (1) the follow14 ing new paragraph:

15 ‘‘(2) any loan made under part D of such title

16 (the William D. Ford Federal Direct Loan Program,

17 20 U.S.C. 1087a et seq.); or’’.

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