II

103D CONGRESS

1ST SESSION S. 1253

To authorize appropriations for fiscal year 1994 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1994, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 16 (legislative day, JUNE 30), 1993

Mr. NUNN (for himself and Mr. THURMOND) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To authorize appropriations for fiscal year 1994 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1994, 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 1994’’.

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

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide procurement.

Sec. 105. Defense Inspector General.

Sec. 106. Defense health program.

Sec. 107. Chemical demilitarization program.

Subtitle B—Other Matters

Sec. 111. 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—Authorizaton of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Additional activities included in defense business operations fund.

Sec. 304. National security education trust fund obligations.

Subtitle B—Other Matters

Sec. 311. Amendment relating to emergency and extraordinary expense authority for Defense Inspector General.

Sec. 312. Repeal of ceiling on employees in headquarters and nonmanagement

headquarters and support activities.

Sec. 313. Flexibility in administering requirement for annual four percent reduction in number of civilian employees assigned to headquarters and headquarters support activities.

Sec. 314. National Defense Stockpile fund management improvements.

Sec. 315. Clarification of amendments to CINC initiative fund legislation.

Sec. 316. Pacific battle monuments maintenance.

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.

Sec. 413. Increase in number of members in certain grades authorized to be on

active duty in support of the Reserves.

Subtitle C—Military Training Student Loads

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

Subtitle A—Officer Personnel Policy

Sec. 501. Authority to delete from selection board reports and promotion lists

names of officers erroneously considered by promotion selection

boards.

Sec. 502. Amendment to Warrant Officer Management Act to authorize involuntary separation of certain regular warrant officers.

Subtitle B—Reserve Component Matters

Sec. 511. Authorization of secretarial selected Reserve call up authority and expansion of 90 day call up period.

Sec. 512. Consistency in Federal recognition qualifications for members of the

National Guard.

Sec. 513. Exception to the twelve-week basic training period requirement.

Sec. 514. National Guard management initiatives.

Sec. 515. Modification of the physical examination requirement for members of

the Ready Reserve.

Subtitle C—Service Academies

Sec. 521. Procedures for nominating candidates for admission to service academies.

Sec. 522. Graduation leave for service academy graduates.

Subtitle D—Education and Training

Sec. 531. Change to ROTC advanced course admission requirements.

Subtitle E—Other Matters

Sec. 541. Authority for noncitizen spouse and children of noncitizen service

members to reside with the member in the United States.

Sec. 542. Reduction in the maximum number of years for a military member

to be maintained on the temporary disability retired list.

Sec. 543. Clarification of punitive UCMJ article regarding drunken driving.

Sec. 544. Repeal of the statutory restriction on the assignment of women in the

Navy and Marine Corps.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Variable housing allowance for certain members who are required to

pay child support and who are assigned to sea duty.

Sec. 602. Pay for members of the uniformed services during times of war, hostilities, or national emergency.

Sec. 603. Separation pay upon involuntary discharge or release from active

duty.

Sec. 604. Permanent authority for certain bonuses and special pay for nurse officer candidates, registered nurses and nurse anesthetists.

Sec. 605. Modification of certain selected Reserve bonuses.

Sec. 606. Expiring authorities.

Subtitle B—Retired Pay and Survivor Benefits

Sec. 611. Disability coverage for officer candidates granted excess leave.
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Sec. 612. Termination of servicemen’s group life insurance when premiums are

not paid.

Subtitle C—Other Matters

Sec. 621. Authorization of payment or collection due to fluctuations of foreign

currency incurred by certain military members.

Sec. 622. Revisions to security deposit waiver program.

Sec. 623. Extension of Desert Shield postponement of certain tax-related acts

to other contingency operations.

Sec. 624. Inclusion of victims of terrorism in certain title 37 benefits.

Sec. 625. Permanent authorization for former prisoners of war to claim payments because of violations of the Geneva conventions.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Management

Sec. 701. Extension and revision of specialized treatment services program.

Sec. 702. Revision and codification of CHAMPUS physician payment reform

program.

Sec. 703. Codification of CHAMPUS peer review organization program procedures.

Sec. 704. Award of constructive service credit for advanced health professional

degrees.

Sec. 705. Codification of revised governance structure of the Uniformed Services University of the Health Sciences.

Sec. 706. Clarification of authority for graduate student program of the Uniformed Services University of the Health Services.

Sec. 707. Modification of date for delivery of health care services under

CHAMPUS reform initiative contract.

Sec. 708. Authority for the Armed Forces Institute of Pathology to obtain additional distinguished pathologists and scientists.

Subtitle B—Other Matters

Sec. 711. Exclusion of experienced military physicians from medicare definition

of new physician.

Sec. 712. Repeal of the statutory restriction to use of funds for abortions.

TITLE VIII—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Office of the Secretary of Defense

Sec. 801. Authorization for certain organization changes in the Office of the

Secretary of Defense.

Subtitle B—Professional Military Education

Sec. 811. Authorization for the award of the Master of Science of National Security Strategy Degree and the Master of Science of National

Resource Strategy Degree.

Subtitle C—Other Matters

Sec. 821. Authority for civilian Army employees to act on reports of survey.
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Sec. 822. Escorts and flags for civilian employees who die while serving in a

conflict with the Armed Forces.

Sec. 823. Providing flexibility in the Office of the Inspector General of the

United States Air Force.

TITLE IX—GENERAL PROVISIONS

Sec. 901. Awarding of gold star lapel buttons to survivors of United States

servicemembers killed by terrorist acts.

Sec. 902. Aviation leadership program.

TITLE X—MATTERS RELATING TO ALLIES AND OTHER NATIONS

Sec. 1001. Exchange of personnel between Department of Defense and Foreign

Defense Departments or Ministries.

Sec. 1002. Transfer of certain defense articles in the war reserve allies stockpile

to the Republic of Korea.

Sec. 1003. Report requirements repealed.

Sec. 1004. Burden sharing contributions by Japan, Kuwait, and the Republic

of Korea.

1 TITLE I—PROCUREMENT

2 Subtitle A—Authorization of Appropriations

3 SEC. 101. ARMY.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1994 for procurement for the Army as follows:

6 (1) For aircraft, $1,110,436,000.

7 (2) For missiles, $1,043,550,000.

8 (3) For weapons and tracked combat vehicles,

9 $874,346,000.

10 (4) For ammunition, $734,427,000.

11 (5) For other procurement, $3,051,281,000.

12 SEC. 102. NAVY AND MARINE CORPS.

13 Funds are hereby authorized to be appropriated for

14 fiscal year 1994 for procurement for the Navy as follows:

15 (1) For aircraft, $6,132,604,000.
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1 (2) For weapons, including missiles and tor2 pedoes, $3,040,260,000.

3 (3) For shipbuilding and conversion,

4 $4,294,742,000.

5 (4) For other procurement, $2,967,974,000.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1994 for procurement for the Marine Corps in

8 the amount of $483,464,000.

9 SEC. 103. AIR FORCE.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 1994 for procurement for the Air Force as

12 follows:

13 (1) For aircraft, $7,300,965,000.

14 (2) For missiles, $4,361,050,000.

15 (3) For other procurement, $7,942,065,000.

16 SEC. 104. DEFENSE-WIDE PROCUREMENT.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1994 for defense-wide procurement in the

19 amount of $1,730,164,000.

20 SEC. 105. DEFENSE INSPECTOR GENERAL.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1994 for procurement for the Defense Inspec23 tor General in the amount of $800,000.
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1 SEC. 106. DEFENSE HEALTH PROGRAM.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1994 for procurement for the Defense Health

4 Program in the amount of $272,762,000.

5 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

6 (a) FUNDING FOR PROGRAM.—Funds are hereby au7 thorized to be appropriated for fiscal year 1994 for the

8 destruction of lethal chemical weapons in accordance with

9 section 1412 of the Department of Defense Authorization

10 Act, 1986 (Public Law 99–145; 99 Stat. 583, 747) in the

11 amount of $125,486,000.

12 (b) REPEAL OF SEPARATE BUDGET ACCOUNT PRO13 VISION.—The second sentence of section 1412(f) of the

14 Department of Defense Authorization Act, 1986 (Public

15 Law 99–145; 99 Stat. 583, 748) is repealed.

16 Subtitle B—Other Matters

17 SEC. 111. REPEAL OF REQUIREMENT FOR SEPARATE BUDG18 ET REQUEST FOR PROCUREMENT OF RE19 SERVE EQUIPMENT.

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

21 repealed.
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1 TITLE II—RESEARCH, DEVELOPMENT,

2 TEST, AND EVALUATION

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1994 for the use of the Armed Forces for re6 search, development, test, and evaluation, as follows:

7 (1) For the Army, $5,249,948,000.

8 (2) For the Navy, $9,215,604,000.

9 (3) For the Air Force, $13,694,984,000.

10 (4) For Defense-wide research, development,

11 test, and evaluation, $10,459,791,000, of which—

12 (A) $272,592,000 is authorized for the ac13 tivities of the Director, Test and Evaluation;

14 and

15 (B) $12,650,000 is authorized for the Di16 rector of Operational Test and Evaluation.

17 TITLE III—OPERATION AND

18 MAINTENANCE

19 Subtitle A—Authorization of Appropriations

20 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1994 for the use of the Armed Forces of the

23 United States and other activities and agencies of the De24 partment of Defense, for expenses, not otherwise provided

25 for, for operation and maintenance, in amounts as follows:
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1 (1) For the Army, $16,014,394,000.

2 (2) For the Navy, $20,192,900,000.

3 (3) For the Marine Corps, $1,818,000,000.

4 (4) For the Air Force, $19,808,384,000.

5 (5) For Defense-wide operation and mainte6 nance, $9,587,581,000.

7 (6) For Medical Programs, Defense,

8 $9,080,538,000.

9 (7) For the Army Reserve, $1,107,800,000.

10 (8) For the Naval Reserve, $773,800,000.

11 (9) For the Marine Corps Reserve,

12 $75,100,000.

13 (10) For the Air Force Reserve,

14 $1,354,578,000.

15 (11) For the Army National Guard,

16 $2,218,900,000.

17 (12) For the Air National Guard,

18 $2,657,233,000.

19 (13) For the National Board for the Promotion

20 of Rifle Practice, $2,483,000.

21 (14) For the Defense Inspector General,

22 $126,801,000.

23 (15) For Drug Interdiction and Counter-drug

24 Activities, Defense-wide, $1,168,200,000.
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1 (16) For the Court of Military Appeals,

2 $6,055,000.

3 (17) For Environmental Restoration Defense4 wide, $2,309,400,000.

5 (18) For Defense-wide Global Cooperative Ini6 tiatives, including humanitarian assistance covered

7 by section 2551 of title 10, United States Code,

8 $448,000,000.

9 (19) For Chemical Agents and Munitions De10 struction, Defense-wide, $308,161,000.

11 (20) For Former Soviet Union Threat Reduc12 tion, $400,000,000.

13 SEC. 302. WORKING CAPITAL FUNDS.

14 Funds are hereby authorized to be appropriated for

15 fiscal year 1994 for the use of the Armed Forces of the

16 United States and other activities and agencies of the De17 partment of Defense for providing capital for working cap18 ital and revolving funds in amounts as follows:

19 (1) For the Defense Business Operations Fund,

20 $1,161,095,000.

21 (2) For the National Defense Sealift Fund,

22 $290,800,000.
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1 SEC. 303. ADDITIONAL ACTIVITIES INCLUDED IN DEFENSE

2 BUSINESS OPERATIONS FUND.

3 Section 316(b)(3) of the National Defense Authoriza4 tion Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2208

5 note) is amended by inserting ‘‘the Defense Contract

6 Audit Agency, the Defense Contract Management Com7 mand,’’ immediately after ‘‘the Defense Finance and

8 Accounting Service,’’.

9 SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND

10 OBLIGATIONS.

11 During fiscal year 1994, $24,000,000 is authorized

12 to be obligated from the National Security Education

13 Trust Fund established by section 804(a) of the David L.

14 Boren National Security Education Act of 1991 (Public

15 Law 102–183; 105 Stat. 1271).

16 Subtitle B—Other Matters

17 SEC. 311. AMENDMENT RELATING TO EMERGENCY AND EX18 TRAORDINARY EXPENSE AUTHORITY FOR DE19 FENSE INSPECTOR GENERAL.

20 Section 127 of title 10, United States Code, is

21 amended—

22 (1) in subsection (a)—

23 (A) in the first sentence, by inserting ‘‘,

24 the Defense Inspector General,’’ immediately

25 after ‘‘the Secretary of Defense’’; and
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1 (B) in the second sentence and the third

2 sentence, by inserting ‘‘or the Defense Inspec3 tor General’’ immediately after ‘‘the Secretary

4 concerned’’ each place it appears; and

5 (2) in subsection (b), by inserting ‘‘, by the De6 fense Inspector General to any person in the Office

7 of the Inspector General,’’ immediately after ‘‘the

8 Department of Defense’’.

9 SEC. 312. REPEAL OF CEILING ON EMPLOYEES IN HEAD10 QUARTERS AND NON-MANAGEMENT HEAD11 QUARTERS AND SUPPORT ACTIVITIES.

12 Section 194 of title 10, United States Code, is

13 repealed.

14 SEC. 313. FLEXIBILITY IN ADMINISTERING REQUIREMENT

15 FOR ANNUAL FOUR PERCENT REDUCTION IN

16 NUMBER OF CIVILIAN EMPLOYEES ASSIGNED

17 TO HEADQUARTERS AND HEADQUARTERS

18 SUPPORT ACTIVITIES.

19 (a) SHIFTING REDUCTIONS.—Section 906(a) of the

20 National Defense Authorization Act for Fiscal Year 1991

21 (Public Law 101–510; 104 Stat. 1622) is amended by

22 adding the following sentence at the end thereof: ‘‘When

23 the number of such personnel is reduced by more than

24 4 percent during any fiscal year, the number of personnel

25 reductions in excess of such 4 percent reduction may be
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1 counted as part of the 4 percent reduction required under

2 this section in determining the number of personnel reduc3 tions required during any subsequent fiscal year.’’.

4 (b) APPLICATION OF SHIFTS.—The amendment

5 made to section 906(a) by subsection (a) shall permit the

6 inclusion of excess reductions taken during fiscal years

7 1991, 1992, or 1993 in determining the number of reduc8 tions required to be taken during fiscal years 1994 and

9 1995.

10 SEC. 314. NATIONAL DEFENSE STOCKPILE FUND MANAGE11 MENT IMPROVEMENTS.

12 (a) FUND MANAGEMENT.—During fiscal year 1994

13 and thereafter, sales of stockpiled material in the National

14 Defense Stockpile may be made in amounts not to exceed

15 $500,000,000 in any fiscal year. Receipts from such sales

16 may be transferred to any appropriation available to the

17 Department of Defense to be merged with and to be avail18 able for the same purposes and same time period as the

19 appropriation to which transferred.

20 (b) AUTHORITY FOR ACQUISITION MORATORIUM.—

21 When determined to be necessary by the Secretary of De22 fense, the Secretary may impose a moratorium on the ac23 quisition of new material for the National Defense Stock24 pile for the purpose of reducing existing excess material

25 in the Stockpile.
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1 SEC. 315. CLARIFICATION OF AMENDMENTS TO CINC INI2 TIATIVE FUND LEGISLATION.

3 The amendments made by section 934 of the Na4 tional Defense Authorization Act for Fiscal Year 1993

5 (Public Law 102–484; 102 Stat. 2477) to the provisions

6 of section 166a of title 10, United States Code, (relating

7 to the CINC Initiative Fund) shall be effective for all pur8 poses and shall supersede any conflicting provisions con9 tained in section 9128 of the Department of Defense Ap10 propriations Act, 1993 (Public Law 102–396; 102 Stat.

11 1935) (containing the text of the provisions of section 908

12 of S. 3114, 102d Congress, 2d Session, as passed by the

13 Senate on September 19, 1993). Section 9128 of the De14 partment of Defense Appropriations Act, 1993, is

15 repealed.

16 SEC. 316. PACIFIC BATTLE MONUMENTS MAINTENANCE.

17 (a) AUTHORITY.—The Commandant of the United

18 States Marine Corps may provide necessary minor mainte19 nance and repairs to Pacific battle monuments until such

20 time as the Secretary of the American Battle Monuments

21 Commission and the Commandant of the Marine Corps

22 agree that the repair and maintenance will be performed

23 by the American Battle Monuments Commission.

24 (b) FUNDING TO REPAIR AND RELOCATE PACIFIC

25 BATTLE MONUMENTS.—Of the amounts made available

26 to the Marine Corps for operation and maintenance in
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1 each fiscal year, not more than $15,000 each fiscal year

2 shall be available to repair and maintain Pacific battle

3 monuments. Of the amounts available to the Marine Corps

4 for operation and maintenance in fiscal year 1993,

5 $150,000 shall be available to repair and relocate a monu6 ment located on Iwo Jima commemorating the sacrifice

7 of American military personnel during World War II.

8 TITLE IV—MILITARY PERSONNEL

9 AUTHORIZATIONS

10 Subtitle A—Active Forces

11 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

12 The Armed Forces are authorized strengths for active

13 duty personnel as of September 30, 1994, as follows:

14 (1) The Army, 540,000.

15 (2) The Navy, 480,800.

16 (3) The Marine Corps, 174,100.

17 (4) The Air Force, 425,700.

18 Subtitle B—Reserve Forces

19 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

20 (a) IN GENERAL.—The Armed Forces are authorized

21 strengths for Selected Reserve personnel of the reserve

22 components as of September 30, 1994, as follows:

23 (1) The Army National Guard of the United

24 States 410,000.

25 (2) The Army Reserve, 260,800.
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1 (3) The Naval Reserve, 113,400.

2 (4) The Marine Corps Reserve, 36,900.

3 (5) The Air National Guard of the United

4 States, 117,700.

5 (6) The Air Force Reserve, 81,500.

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

7 (b) WAIVER AUTHORITY.—The Secretary of Defense

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

9 by not more than 2 percent.

10 (c) ADJUSTMENTS.—The end strengths prescribed by

11 subsection (a) for the Selected Reserve of any reserve com12 ponent shall be reduced proportionately by—

13 (1) the total authorized strength of units orga14 nized to serve as units of the Selected Reserve of

15 such component which are on active duty (other

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

17 (2) the total number of individual members not

18 in units organized to serve as units of the Selected

19 Reserve of such component who are on active duty

20 (other than for training or for unsatisfactory partici21 pation in training) without their consent at the end

22 of the fiscal year.

23 Whenever such units or such individual members are re24 leased from active duty during any fiscal year, the end

25 strength prescribed for such fiscal year for the Selected
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1 Reserve of such reserve component shall be increased pro2 portionately by the total authorized strengths of such

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

4 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

5 DUTY IN SUPPORT OF THE RESERVES.

6 Within the end strengths prescribed in section

7 402(b), the reserve components of the Armed Forces are

8 authorized, as of September 30, 1994, the following num9 ber of Reserves to be serving on full-time active duty or,

10 in the case of members of the National Guard, full-time

11 National Guard duty for the purpose of organizing, ad12 ministering, recruiting, instructing, or training the reserve

13 components:

14 (1) The Army National Guard of the United

15 States, 24,180.

16 (2) The Army Reserve, 12,542.

17 (3) The Naval Reserve, 19,369.

18 (4) The Marine Corps Reserve, 2,119.

19 (5) The Air National Guard of the United

20 States, 9,389.

21 (6) The Air Force Reserve, 648.
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1 SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN

2 GRADES AUTHORIZED TO BE ON ACTIVE

3 DUTY IN SUPPORT OF THE RESERVES.

4 (a) SENIOR ENLISTED MEMBERS.—Effective on Oc5 tober 1, 1993, the table in section 517(b) of title 10,

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

‘‘Grade Army Navy Air Force Marine

Corps

E–9 ......................................... 569 202 328 14

E–8 ......................................... 2,585 429 840 74’’.

7 (b) OFFICERS.—Effective on October 1, 1993, the

8 table in section 524(a) of such title is amended to read

9 as follows:

‘‘Grade Army Navy Air Force Marine

Corps

Major or Lieutenant Commander.3,219 1,071 575 110

Lieutenant Colonel or Commander.1,524 520 636 75

Colonel or Navy Captain ........ 372 188 274 25’’.

10 Subtitle C—Military Training Student Loads

11 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

12 (a) IN GENERAL.—For fiscal year 1994, the compo13 nents of the active and reserve Armed Forces are author14 ized average military training student loads as follows:

15 (1) The Army, 75,220.

16 (2) The Navy, 45,269.

17 (3) The Marine Corps, 22,753.

18 (4) The Air Force, 33,439.
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1 (b) ADJUSTMENTS.—The average military training

2 student loads authorized in subsection (a) shall be ad3 justed consistent with the end strengths authorized in

4 parts A and B. The Secretary of Defense shall prescribe

5 the manner in which such adjustments shall be appor6 tioned.

7 TITLE V—MILITARY PERSONNEL POLICY

8 Subtitle A—Officer Personnel Policy

9 SEC. 501. AUTHORITY TO DELETE FROM SELECTION BOARD

10 REPORTS AND PROMOTION LISTS NAMES OF

11 OFFICERS ERRONEOUSLY CONSIDERED BY

12 PROMOTION SELECTION BOARDS.

13 (a) IN GENERAL.—Subchapter I of chapter 36 of title

14 10, United States Code, is amended by inserting after sec15 tion 618 the following new section:

16 ‘‘§ 618a. Secretarial deletion from promotion selec17 tion board report

18 ‘‘(a) The Secretary concerned may delete administra19 tively the name of a regular or reserve officer selected for

20 promotion by a selection board from the report of the se21 lection board or from a list of officers recommended for

22 promotion if the Secretary determines—

23 ‘‘(1) that the officer was ineligible, under sec24 tion 619 of this title or other applicable law (includ25 ing those with respect to the promotion of regular
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1 officers), as implemented by regulations of the mili2 tary department concerned, for consideration for

3 promotion by the selection board or was not within

4 the promotion zone established for the board;

5 ‘‘(2) that a regular or reserve officer who was

6 considered for promotion by a board convened under

7 section 573 or 611 of this title is not serving on an

8 active duty list as a result of death, discharge, dis9 missal, resignation, retirement, or, in the case of a

10 reserve officer, as a result of release from active

11 duty or the performance of duty specified in section

12 582 or 641(1) of this title; or

13 ‘‘(3) that a reserve officer (including a reserve

14 warrant officer) not on an active duty list who was

15 selected for promotion has died, resigned, been dis16 charged or dismissed, or is no longer serving in an

17 active status as defined in section 267(b) of this

18 title.

19 ‘‘(b) An officer selected for promotion whose name

20 is deleted administratively under this section from the re21 port of a selection board or from a list of officers rec22 ommended for promotion shall be considered for all pur23 poses, other than chapter 77 of this title, not to have been

24 considered for promotion by the board concerned.’’.
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1 (b) CONFORMING AMENDMENT.—Such subchapter is

2 further amended by amending section 618(d) to read as

3 follows:

4 ‘‘(d) Except as provided in section 618a of this title,

5 the name of an officer selected for promotion by a selec6 tion board may be removed from the report of the selection

7 board only by the President.’’.

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

9 at the beginning of such subchapter I of chapter 36 is

10 amended by inserting after the item relating to section

11 618 the following:

‘‘618a. Secretarial deletion from promotion selection board report.’’.

12 (d) SAVINGS PROVISION.—The enactment of this Act

13 shall not be construed to affect any action taken by the

14 Secretary of a military department concerning a report of

15 a selection board or list of officers recommended for pro16 motion prior to the enactment of this Act.

17 SEC. 502. AMENDMENT TO WARRANT OFFICER MANAGE18 MENT ACT TO AUTHORIZE INVOLUNTARY

19 SEPARATION OF CERTAIN REGULAR WAR20 RANT OFFICERS.

21 (a) IN GENERAL.—Chapter 33A of title 10, United

22 States Code, is amended by inserting after section 580 the

23 following new section:
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1 ‘‘§ 580a. Modification to rules for continuation on ac2 tive duty; enhanced authority for selec3 tive early discharges

4 ‘‘(a) The Secretary of Defense may authorize the Sec5 retary of a military department, during the two-year pe6 riod beginning on October 1, 1993, to take any of the ac7 tions set forth in subsection (b) with respect to regular

8 warrant officers of an armed force under the jurisdiction

9 of that Secretary.

10 ‘‘(b) The Secretary of a military department may,

11 with respect to regular warrant officers of an armed force,

12 when authorized to do so under subsection (a), convene

13 selection boards under section 573(c) of this title to con14 sider for discharge regular warrant officers on the warrant

15 officer active-duty list—

16 ‘‘(1) who have served at least one year of active

17 duty in the grade currently held;

18 ‘‘(2) whose names are not on a list of warrant

19 officers recommended for promotion; and

20 ‘‘(3) who are not eligible to be retired under

21 any provision of law and are not within two years

22 of becoming so eligible.

23 ‘‘(c)(1) In the case of an action under subsection (b),

24 the Secretary of the military department concerned may

25 submit to a selection board convened pursuant to that sub26 section—
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1 ‘‘(A) the names of all regular warrant officers

2 described in that subsection in a particular grade

3 and competitive category; or

4 ‘‘(B) the names of all regular warrant officers

5 described in that subsection in a particular grade

6 and competitive category who also are in particular

7 year groups or specialties, or both, within that com8 petitive category.

9 ‘‘(2) The Secretary concerned shall specify the total

10 number of warrant officers to be recommended for dis11 charge by a selection board convened pursuant to sub12 section (b). That number may not be more than 30 per13 cent of the number of officers considered—

14 ‘‘(A) in each grade in each competitive cat15 egory; or

16 ‘‘(B) in each grade, year group, or specialty (or

17 combination thereof) in each competitive category.

18 ‘‘(3) The total number of regular warrant officers de19 scribed in subsection (b) from any of the armed forces (or

20 from any of the armed forces in a particular grade) who

21 may be recommended during a fiscal year for discharge

22 by a selection board convened pursuant to the authority

23 of that subsection may not exceed 70 percent of the de24 crease, as compared to the preceding fiscal year, in the

25 number of warrant officers of that armed force (or the
24

•S 1253 IS

1 number of warrant officers of that armed force in that

2 grade) authorized to be serving on active duty as of the

3 end of that fiscal year.

4 ‘‘(4) A warrant officer who is recommended for dis5 charge by a selection board convened pursuant to the au6 thority of subsection (b) and whose discharge is approved

7 by the Secretary concerned shall be discharged on a date

8 specified by the Secretary concerned.

9 ‘‘(5) Selection of warrant officers for discharge under

10 this subsection shall be based on the needs of the service.

11 ‘‘(d) The discharge of any warrant officer pursuant

12 to this section shall be considered involuntary for purposes

13 of any other provision of law.’’.

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

15 at the beginning of chapter 33A is amended by inserting

16 after the item relating to section 580 the following new

17 item:

‘‘580a. Modification to rules for continuation on active duty; enhanced authority

for selective early discharges.’’.

18 Subtitle B—Reserve Component Matters

19 SEC. 511. AUTHORIZATION OF SECRETARIAL SELECTED RE20 SERVE CALL UP AUTHORITY AND EXPANSION

21 OF 90 DAY CALL UP PERIOD.

22 (a) REVISION OF AUTHORITY TO ORDER THE SE23 LECTED RESERVE TO ACTIVE DUTY TO AUGMENT AC-
25

•S 1253 IS

1 TIVE FORCES.—Section 673b(a) of title 10, United States

2 Code, is amended to read as follows:

3 ‘‘(a) Notwithstanding the provisions of section 673(a)

4 or any other provision of law, the President may authorize

5 the Secretary of Defense, and the Secretary of Transpor6 tation with respect to the Coast Guard when it is not oper7 ating as a service in the Navy, without the consent of the

8 members concerned, to order any unit, and any member

9 not assigned to a unit organized to serve as a unit of the

10 Selected Reserve (as defined in section 268(b) of this

11 title), under their respective jurisdictions—

12 ‘‘(1) when the President determines it is nec13 essary to augment the active forces for any oper14 ational mission, to active duty (other than for train15 ing) for not more than a total of 180 days; or

16 ‘‘(2) when the Secretary of Defense, or the Sec17 retary of Transportation with respect to the Coast

18 Guard when it is not operating as a service in the

19 Navy, determines it is necessary to augment the ac20 tive forces, to active duty (other than for training)

21 for not more than a total of 90 days.’’.

22 (b) LIMITATION TO THE SECRETARIAL CALL UP AU23 THORITY TO 25,000.—Section 673b(c) of such title is

24 amended to read as follows:
26

•S 1253 IS

1 ‘‘(c) Not more than 200,000 members of the Selected

2 Reserve may be on active duty at any one time under sub3 section (a)(1), and not more than 25,000 members of the

4 Selected Reserve may be on active duty at any one time

5 under subsection (a)(2).’’.

6 (c) REVISION TO PERIOD OF EXTENSION OF ACTIVE

7 DUTY.—Section 673b(i) of such title is amended—

8 (1) by striking out ‘‘90 additional days’’ and in9 serting in lieu thereof ‘‘a total of 180 additional

10 days’’; and

11 (2) in the first sentence, by striking out ‘‘is or12 dered to active duty under this section’’ and insert13 ing in lieu thereof ‘‘is ordered to active duty under

14 subsection (a)(1)’’.

15 (d) CONFORMING AMENDMENT.—Section 673b(f) of

16 such title is amended to read as follows: ‘‘Whenever the

17 President authorizes the Secretary of Defense or the Sec18 retary of Transportation to order any unit or member of

19 the Selected Reserve to active duty, under the authority

20 of subsection (a)(1), or when the Secretary of Defense or

21 the Secretary of Transportation orders any unit or mem22 ber of the Selected Reserve to active duty, under the au23 thority of subsection (a)(2), the President or respective

24 Secretary, as the case may be, shall submit, within 24

25 hours after exercising such authority, a report to Con-
27

•S 1253 IS

1 gress, in writing, setting forth the circumstances neces2 sitating the action taken under this section and describing

3 the anticipated use of these units or members.’’.

4 SEC. 512. CONSISTENCY IN FEDERAL RECOGNITION QUALI5 FICATIONS FOR MEMBERS OF THE NATIONAL

6 GUARD.

7 (a) IN GENERAL.—Section 301 of title 32, United

8 States Code, is amended by inserting after the first sen9 tence the following new sentence: ‘‘Qualifications pre10 scribed by the Secretary in the preceding sentence may

11 not differ between persons solely on the basis of employ12 ment as a technician under section 709 of this title.’’.

13 (b) REPEAL OF REQUIRED TRAINING (LEADERSHIP

14 TRAINING).—Section 523 of the National Defense Author15 ization Act, Fiscal Year 1989 (Public Law 100–456; 102

16 Stat. 1918, 1974; 10 U.S.C. 709 note) is repealed.

17 (c) REPEAL OF REQUIRED TRAINING (BATTLE

18 SKILLS).—Section 506 of the National Defense Author19 ization Act for Fiscal Years 1990 and 1991 (Public Law

20 101–189; 103 Stat. 1352, 1438; 10 U.S.C. 709 note) is

21 repealed.

22 SEC. 513. EXCEPTION TO THE TWELVE-WEEK BASIC TRAIN23 ING PERIOD REQUIREMENT.

24 Section 671(b) of title 10, United States Code, is

25 amended by adding at the end the following new sentence:
28

•S 1253 IS

1 ‘‘Under regulations prescribed by the Secretary of Defense

2 that shall apply uniformly to the military departments or,

3 in the case of the Coast Guard when it is not operating

4 as a service in the Navy, by the Secretary of Transpor5 tation, the Secretary concerned may establish, in lieu of

6 the twelve-week training requirement in this subsection

7 and in section 4(a) of the Military Selective Service Act

8 (50 U.S.C. App. 454(a)), a shorter period of basic training

9 (or equivalent training program) for persons inducted, en10 listed, or appointed in an armed force who have developed

11 skills in the civilian sector that readily can be applied in

12 the armed forces.’’.

13 SEC. 514. NATIONAL GUARD MANAGEMENT INITIATIVES.

14 (a) CLARIFICATION OF INCLUSION OF FEMALE WAR15 RANT OFFICERS AND ENLISTED MEMBERS OF THE NA16 TIONAL GUARD IN THE MILITIA.—Section 311 of title 10,

17 United States Code, is amended by inserting ‘‘, warrant

18 officers, or enlisted members’’ after ‘‘female citizens of the

19 United States who are commissioned officers’’.

20 (b) REPEAL OF REQUIREMENT FOR PHYSICAL EX21 AMINATION (ARMY NATIONAL GUARD).—(1) Section 3502

22 of title 10, United States Code, is repealed.

23 (2) The table of sections at the beginning of chapter

24 341 is amended by striking out the item relating to section

25 3502.
29

•S 1253 IS

1 (c) REPEAL OF REQUIREMENT FOR PHYSICAL EXAM2 INATION (AIR NATIONAL GUARD).—(1) Section 8502 of

3 title 10, United States Code, is repealed.

4 (2) The table of sections at the beginning of chapter

5 841 is amended by striking out the item relating to section

6 8502.

7 (d) INCREASE IN TIME ALLOWED FOR COMPLETION

8 OF UNIT TRAINING.—Section 502(b) of title 32, United

9 States Code, is amended by striking out ‘‘30’’ in the sec10 ond sentence and inserting in lieu thereof ‘‘90’’.

11 (e) EXCEPTIONS TO 30-DAY NOTICE FOR TERMI12 NATION OF EMPLOYMENT OF CERTAIN TECHNICIANS.—

13 Subsection 709(e)(6) of title 32, United States Code, is

14 amended to read as follows:

15 ‘‘(6) a technician shall be notified in writing of

16 the termination of employment as a technician and,

17 unless the technician is serving under a temporary

18 appointment, is serving in a trial or probationary pe19 riod, or has voluntarily ceased to be a member of the

20 National Guard when such membership is a condi21 tion of employment, such notice shall be given at

22 least thirty days before the termination date of such

23 employment.’’.
30

•S 1253 IS

1 (f) REPEAL OF LIMIT ON NUMBER OF TECHNICIANS

2 WHO MAY BE EMPLOYED AT ANY ONE TIME.—Sub3 section 709(h) of title 32, United States Code, is repealed.

4 (g) AUTHORIZATION FOR UNSERVICEABILITY FIND5 INGS BY NATIONAL GUARD OFFICERS.—Subsection

6 710(f) of title 32, United States Code, is amended by

7 striking out ‘‘Regular Army or the Regular Air Force,’’

8 and inserting in lieu thereof ‘‘Regular Army or a commis9 sioned officer of the Army National Guard who is also a

10 commissioned officer of the Army National Guard of the

11 United States, or by a commissioned officer of the Regular

12 Air Force, or a commissioned officer of the Air National

13 Guard who is also a commissioned officer of the Air Na14 tional Guard of the United States,’’.

15 SEC. 515. MODIFICATION OF THE PHYSICAL EXAMINATION

16 REQUIREMENT FOR MEMBERS OF THE

17 READY RESERVE.

18 Section 1004(a)(1) of title 10, United States Code,

19 is amended by striking ‘‘four’’ and inserting in lieu thereof

20 ‘‘five’’.

21 Subtitle C—Service Academies

22 SEC. 521. PROCEDURES FOR NOMINATING CANDIDATES

23 FOR ADMISSION TO SERVICE ACADEMIES.

24 Sections 4342(a), 6954(a), and 9342(a) of title 10,

25 United States Code, are amended—
31

•S 1253 IS

1 (1) by striking ‘‘a principal candidate and nine

2 alternatives’’ in the last sentence of each section and

3 inserting in lieu thereof ‘‘ten persons’’; and

4 (2) by inserting after the last sentence as

5 amended by paragraph 1 the following new sen6 tences: ‘‘Nominees may be submitted without rank7 ing, or with a principal candidate and nine ranked

8 or unranked alternates. Qualified nominees not se9 lected for appointment under this subsection shall be

10 considered qualified alternates for the purposes of

11 selection under other provisions in this chapter.’’.

12 SEC. 522. GRADUATION LEAVE FOR SERVICE ACADEMY

13 GRADUATES.

14 Section 702 of title 10, United States Code, is

15 amended by striking ‘‘regular’’ in the first sentence.

16 Subtitle D—Education and Training

17 SEC. 531. CHANGE TO ROTC ADVANCED COURSE ADMIS18 SION REQUIREMENTS.

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

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

21 and inserting in lieu thereof ‘‘a’’.
32

•S 1253 IS

1 Subtitle E—Other Matters

2 SEC. 541. AUTHORITY FOR NON-CITIZEN SPOUSE AND CHIL3 DREN OF NON-CITIZEN SERVICE MEMBERS

4 TO RESIDE WITH THE MEMBER IN THE UNIT5 ED STATES.

6 Section 101(a) of the Immigration and Naturaliza7 tion Act (8 U.S.C. 1101(a)(15)) is amended—

8 (1) by striking out ‘‘or’’ at the end of subpara9 graph (Q);

10 (2) by striking out the period at the end of sub11 paragraph (R) and inserting in lieu thereof ‘‘; or’’;

12 and

13 (3) by adding at the end the following new sub14 paragraph:

15 ‘‘(S) An alien who is the spouse or child of an alien

16 serving honorably, in the United States, on active duty

17 in the Armed Forces of the United States, and is accom18 panying, or coming to join such alien service member for

19 a period not to exceed six years, which may be extended

20 by the Attorney General.’’.
33

•S 1253 IS

1 SEC. 542. REDUCTION IN THE MAXIMUM NUMBER OF YEARS

2 FOR A MILITARY MEMBER TO BE MAIN3 TAINED ON THE TEMPORARY DISABILITY RE4 TIRED LIST.

5 (a) IN GENERAL.—(1) Section 1210(b) of title 10,

6 United States Code, is amended by striking out ‘‘five’’ and

7 inserting in lieu thereof ‘‘three’’.

8 (2) Section 1210(h) of title 10, United States Code,

9 is amended by striking out ‘‘five’’ and inserting in lieu

10 thereof ‘‘three’’.

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

12 this section shall take effect for all military members

13 placed on the temporary disability retired list on or after

14 the date of enactment of this Act.

15 SEC. 543. CLARIFICATION OF PUNITIVE UCMJ ARTICLE RE16 GARDING DRUNKEN DRIVING.

17 Section 911(2) (article 111) of title 10, United States

18 Code, as added by section 1066 of the National Defense

19 Authorization Act for Fiscal Year 1993 (Public Law 102–

20 484; 1106 Stat. 2315, 2506), is amended by inserting ‘‘or

21 greater’’ after ‘‘0.10 grams’’ both times such term ap22 pears.
34

•S 1253 IS

1 SEC. 544. REPEAL OF THE STATUTORY RESTRICTION ON

2 THE ASSIGNMENT OF WOMEN IN THE NAVY

3 AND MARINE CORPS.

4 (a) IN GENERAL.—Section 6015 of title 10, United

5 States Code, is repealed.

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

7 at the beginning of Chapter 555, United States Code, is

8 amended by striking the item referring to section 6015.

9 TITLE VI—COMPENSATION AND OTHER

10 PERSONNEL BENEFITS

11 Subtitle A—Pay and Allowances

12 SEC. 601. VARIABLE HOUSING ALLOWANCE FOR CERTAIN

13 MEMBERS WHO ARE REQUIRED TO PAY

14 CHILD SUPPORT AND WHO ARE ASSIGNED TO

15 SEA DUTY.

16 Section 403a(b)(2) of title 37, United States Code,

17 is amended—

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

19 and

20 (2) by adding at the end the following new sub21 paragraph:

22 ‘‘(C) the member is not a member who is in a

23 paygrade above E–6, who is assigned to sea duty, and who

24 elects not to occupy assigned unaccompanied quarters;

25 or’’.
35

•S 1253 IS

1 SEC. 602. PAY FOR MEMBERS OF THE UNIFORMED SERV2 ICES DURING TIMES OF WAR, HOSTILITIES,

3 OR NATIONAL EMERGENCY.

4 (a) IN GENERAL.—Chapter 19 of title 37, United

5 States Code, relating to administration of pay for mem6 bers of the uniformed services, is amended—

7 (1) In section 1005, by striking out ‘‘Members’’

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

9 section 1013 of this title, members’’; and

10 (2) by adding at the end of such chapter the

11 following new section:

12 ‘‘§ 1013. Pay: periods of war, hostilities, or national

13 emergency

14 ‘‘In time of war, hostilities, or national emergency de15 clared by Congress or the President, the Secretary con16 cerned may limit the direct pay, or a portion thereof, to

17 a member of a uniformed service when the member is serv18 ing on active duty in an area prescribed for this purpose

19 by the Secretary of Defense. Any amount of pay and al20 lowances due but not paid directly to such member may

21 be paid through allotments or assignments as prescribed

22 by the member or credited to the member’s account and

23 paid upon the member’s return or departure from the pre24 scribed area. The Secretary concerned shall ensure prompt

25 payment of all pay and allowances.’’.
36

•S 1253 IS

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

2 at the beginning of such chapter is amended by adding

3 at the end the following new item:

‘‘1013. Pay: periods of war, hostilities, or national emergency.’’.

4 SEC. 603. SEPARATION PAY UPON INVOLUNTARY DIS5 CHARGE OR RELEASE FROM ACTIVE DUTY.

6 Section 1174 of title 10, United States Code, is

7 amended in subsection (a)(1), by striking out ‘‘five’’ and

8 inserting in lieu thereof ‘‘six’’.

9 SEC. 604. PERMANENT AUTHORITY FOR CERTAIN BONUSES

10 AND SPECIAL PAY FOR NURSE OFFICER CAN11 DIDATES, REGISTERED NURSES AND NURSE

12 ANESTHETISTS.

13 (a) NURSE OFFICER CANDIDATE ACCESSION PRO14 GRAM.—Section 2130a(a)(1) of title 10, United States

15 Code, is amended by striking out ‘‘during the period be16 ginning on November 29, 1989, and ending on September

17 30, 1993,’’ and inserting in lieu thereof ‘‘on or after Octo18 ber 1, 1993,’’.

19 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

20 Section 302d of title 37, United States Code, is amended

21 by striking out ‘‘during the period beginning on November

22 29, 1989, and ending on September 30, 1993,’’ and insert23 ing in lieu thereof ‘‘on or after October 1, 1993,’’.

24 (c) INCENTIVE SPECIAL PAY FOR CERTIFIED REG25 ISTERED NURSE ANESTHETISTS.—Section 302e(a) of title
37

•S 1253 IS

1 37, United States Code, is amended by striking out ‘‘dur2 ing the period beginning on November 29, 1989, and end3 ing on September 30, 1993,’’ and inserting in lieu thereof

4 ‘‘on or after October 1, 1993,’’

5 SEC. 605. MODIFICATION OF CERTAIN SELECTED RESERVE

6 BONUSES.

7 (a) SELECTED RESERVE ENLISTMENT BONUS.—Sec8 tion 308c(b)(1) of title 37, United States Code, is amend9 ed by striking out ‘‘one-half of the bonus shall be paid’’

10 and inserting in lieu thereof ‘‘an amount not to exceed

11 one-half of the bonus may be paid’’.

12 (b) SELECTED RESERVE AFFILIATION BONUS.—Sec13 tion 308e(c)(2) of title 37, United States Code, is amend14 ed—

15 (A) by striking out ‘‘fifth anniversary’’ and in16 serting in lieu thereof ‘‘sixth anniversary’’; and

17 (B) by adding at the end the following new

18 paragraph:

19 ‘‘(3) In lieu of the procedures set out above, the Sec20 retary concerned may pay the bonus in monthly install21 ments in amounts determined by the Secretary. Such

22 monthly payments will begin after the first month of satis23 factory service and are payable only for those months the

24 member serves satisfactorily. Satisfactory service will be
38

•S 1253 IS

1 determined under regulations prescribed by the Secretary

2 of Defense.’’.

3 SEC. 606. EXPIRING AUTHORITIES.

4 (a) AVIATION OFFICER RETENTION BONUS.—Sec5 tion 301b(a) of title 37, United States Code, is amended

6 by striking out ‘‘September 30, 1993’’ and inserting in

7 lieu thereof ‘‘September 30, 1995’’.

8 (b) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

9 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI10 ORITY UNITS.—Section 308d(c) of title 37, United States

11 Code, is amended by striking out ‘‘September 30, 1993’’

12 and inserting in lieu thereof ‘‘September 30, 1995’’.

13 (c) YEARS OF SERVICE FOR MANDATORY TRANSFER

14 TO THE RETIRED RESERVE.—Sections 3360(b), 3360(c),

15 3853, and 8353 of title 10, United States Code, are each

16 amended by striking out ‘‘September 30, 1993’’ and in17 serting in lieu thereof in each instance ‘‘September 30,

18 1995’’.

19 (d) GRADE DETERMINATION AUTHORITY FOR CER20 TAIN RESERVE MEDICAL OFFICERS.—Sections 3359(b)

21 and 8359(b) of title 10, United States Code, are each

22 amended by striking out ‘‘September 30, 1993’’ and in23 serting in lieu thereof in each instance ‘‘September 30,

24 1995’’.
39

•S 1253 IS

1 (e) PROMOTION AUTHORITY FOR CERTAIN RESERVE

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

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

4 amended by striking out ‘‘September 30, 1993’’ and in5 serting in lieu thereof in each instance ‘‘September 30,

6 1995’’.

7 (f) AUTHORITY FOR TEMPORARY PROMOTIONS OF

8 CERTAIN NAVY LIEUTENANTS.—Section 5721(f) of title

9 10, United States Code, is repealed.

10 (g) REPAYMENT OF EDUCATION LOANS FOR CER11 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE12 LECTED RESERVE.—Section 2172(d) of title 10, United

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

14 1993’’, and inserting in lieu thereof ‘‘October 1, 1995’’.

15 (h) SPECIAL PAY FOR REENLISTMENT BONUS FOR

16 ACTIVE MEMBERS.—Section 308(g) of title 37, United

17 States Code, is amended by striking out ‘‘September 30,

18 1993’’ and inserting in lieu thereof ‘‘September 30,

19 1995’’.

20 (i) SPECIAL PAY FOR ENLISTMENT BONUS FOR

21 CRITICAL SKILLS.—Section 308a(c) of title 37, United

22 States Code, is amended by striking out ‘‘September 30,

23 1993’’ and inserting in lieu thereof ‘‘September 30,

24 1995’’.
40

•S 1253 IS

1 (j) EXTENSION OF RESERVE ENLISTMENT AND RE2 ENLISTMENT BONUS AUTHORITIES.—Sections 308b(f),

3 308c(e), 308e(e), 308h(g) and 308i(i) of title 37, United

4 States Code, are each amended by striking out ‘‘Septem5 ber 30, 1993’’ and inserting in lieu thereof in each in6 stance ‘‘September 30, 1995’’.

7 (k) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

8 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

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

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

11 striking out ‘‘September 30, 1993’’ and inserting in lieu

12 thereof ‘‘September 30, 1995’’.

13 (l) CONSERVATION ACTIVITIES ON MILITARY IN14 STALLATIONS.—Sections 106(b) and 106(c) of Public Law

15 86–797 (16 U.S.C. 670f(b) and (c)) are each amended

16 by striking out ‘‘and 1993,’’ and inserting in lieu thereof

17 in each instance ‘‘1993, 1994, and 1995,’’.

18 (m) REDUCTION IN TIME-IN-GRADE REQUIREMENT

19 FOR RETENTION OF GRADE UPON VOLUNTARY RETIRE20 MENT.—Section 1370(a)(2) of title 10, United States

21 Code, is amended by striking out ‘‘five-year period’’ and

22 inserting in lieu thereof ‘‘ten-year period’’.

23 (n) REQUIRED LENGTH OF COMMISSIONED SERVICE

24 FOR VOLUNTARY RETIREMENT AS AN OFFICER.—Section

25 6323(a)(2) of title 10, United States Code, is amended
41

•S 1253 IS

1 by striking out ‘‘five-year period’’ and inserting in lieu

2 thereof ‘‘ten-year period’’.

3 (o) JOINT DUTY EXEMPTION FOR NUCLEAR PRO4 PULSION OFFICERS.—Section 619(e)(1) of title 10, Unit5 ed States Code, is amended by striking out ‘‘January 1,

6 1994’’ and inserting in lieu thereof ‘‘January 1, 1996’’.

7 (p) MODIFICATION OF RULES FOR CONTINUATION

8 ON ACTIVE DUTY.—Section 638a of title 10, United

9 States Code, is amended by striking out ‘‘five-year period’’

10 and inserting in lieu thereof ‘‘ten-year period’’.

11 (q) RETIREMENT OF CERTAIN LIMITED DUTY OFFI12 CERS OF THE NAVY.—Title 10, United States Code, as

13 amended by section 504 of the National Defense Author14 ization Act for Fiscal Year 1993 (Public Law 102–484;

15 1106 Stat. 2315, 2403), is amended—

16 (1) in section 633, by striking out in the last

17 sentence ‘‘and ending on October 1, 1995,’’;

18 (2) in section 634, by striking out in the last

19 sentence ‘‘and ending on October 1, 1995,’’;

20 (3) in section 6383(a) by striking out para21 graph 5 and inserting in lieu thereof the following:

22 ‘‘(5) Paragraphs (2) through (4) shall be

23 effective July 1, 1993.’’; and

24 (4) in section 6383(i), by striking out in the

25 last sentence ‘‘During the period beginning on July
42

•S 1253 IS

1 1, 1993, on ending on October 1, 1995,’’ and insert2 ing in lieu thereof ‘‘Beginning on July 1, 1993,’’.

3 (r) EXTENSION OF LIMITATION ON PERIOD OF MAN4 AGEMENT OF DEFENSE BUSINESS OPERATIONS FUND.—

5 Section 316(a) of the National Defense Authorization Act

6 for Fiscal Years 1992 and 1993 (Public Law 102–190;

7 105 Stat. 1338; 10 U.S.C. 2208 note) is amended by

8 striking out ‘‘April 15, 1994’’ and inserting in lieu thereof

9 ‘‘April 15, 1995’’.

10 Subtitle B—Retired Pay and Survivor

11 Benefits

12 SEC. 611. DISABILITY COVERAGE FOR OFFICER CAN13 DIDATES GRANTED EXCESS LEAVE.

14 (a) INCLUSION OF OFFICER CANDIDATES IN ELIGI15 BILITY FOR RETIRED PAY.—That portion of section 1201

16 of title 10, United States Code, which precedes paragraph

17 (1) is amended to read as follows:

18 ‘‘Upon a determination by the Secretary concerned

19 that a member of a regular component of the armed forces

20 entitled to basic pay; any other member of the armed

21 forces entitled to basic pay who has been called or ordered

22 to active duty (other than for training under section

23 270(b) of this title) for a period of more than 30 days;

24 or a member of the armed forces who is not entitled to

25 basic pay because he is authorized by the Secretary con-
43

•S 1253 IS

1 cerned under section 502(b) of title 37 to participate in

2 a program leading to appointment, designation, or assign3 ment in an officer category, is unfit to perform the duties

4 of his office, grade, rank, or rating because of physical

5 disability incurred while entitled to basic pay, or while not

6 entitled to basic pay because he is authorized by the Sec7 retary concerned under section 502(b) of title 37 to par8 ticipate in a program leading to appointment, designation,

9 or assignment in an officer category, the Secretary may

10 retire the member, with retired pay computed under sec11 tion 1401 of this title, if the Secretary also determines

12 that—’’.

13 (b) INCLUSION OF OFFICER CANDIDATES IN ELIGI14 BILITY FOR ASSIGNMENT TO THE TEMPORARY DISABIL15 ITY RETIRED LIST.—Section 1202 of title 10, United

16 States Code, is amended to read as follows:

17 ‘‘Upon a determination by the Secretary concerned

18 that a member of a regular component of the armed forces

19 entitled to basic pay; any other member of the armed

20 forces entitled to basic pay who has been called or ordered

21 to active duty (other than for training under section

22 270(b) of this title) for a period of more than 30 days;

23 or a member of the armed forces who is not entitled to

24 basic pay because he is authorized by the Secretary con25 cerned under section 502(b) of title 37 to participate in
44

•S 1253 IS

1 a program leading to appointment, designation, or assign2 ment in an officer category, would be qualified for retire3 ment under section 1201 of this title but for the fact that

4 his disability is not determined to be of a permanent na5 ture, the Secretary shall, if he also determines that accept6 ed medical principles indicate that the disability may be

7 of a permanent nature, place the member’s name on the

8 temporary disability retired list, with retired pay computed

9 under section 1401 of this title.’’.

10 (c) INCLUSION OF OFFICER CANDIDATES IN ELIGI11 BILITY FOR DISABILITY SEPARATION PAY.—That portion

12 of section 1203 of title 10, United States Code, that pre13 cedes paragraph (1) is amended to read as follows:

14 ‘‘Upon a determination by the Secretary concerned

15 that a member of a regular component of the armed forces

16 entitled to basic pay: any other member of the armed

17 forces entitled to basic pay who has been called or ordered

18 to active duty (other than for training under section

19 270(b) of this title) for a period or more than 30 days;

20 or a member of the armed forces who is not entitled to

21 basic pay because he is authorized by the Secretary con22 cerned under section 502(b) of title 37 to participate in

23 a program leading to appointment, designation, or assign24 ment in an officer category, is unfit to perform the duties

25 of his office, rank or rating because of physical disability
45

•S 1253 IS

1 incurred while entitled to basic pay, or while not entitled

2 to basic pay because he is authorized by the Secretary con3 cerned under section 502(b) or title 37 to participate in

4 a program leading to appointment, designation, or assign5 ment in an officer category, the member may be separated

6 from his armed force with severance pay computed under

7 section 1212 of this title, if the Secretary also determines

8 that—’’.

9 (d) EFFECTIVE DATE.—The amendments made by

10 this section shall be effective on the date of enactment and

11 shall apply to any physical disability that may be incurred

12 by a member who is not entitled to basic pay because he

13 is authorized by the Secretary concerned under section

14 502(b) of title 37, United States Code, to participate in

15 a program leading to the appointment, designation, or as16 signment in an officer category on and after such date.

17 SEC. 612. TERMINATION OF SERVICEMEN’S GROUP LIFE IN18 SURANCE WHEN PREMIUMS ARE NOT PAID.

19 Section 1969(a)(2) of title 38, United States Code,

20 is amended by adding at the end the following new sen21 tence: ‘‘Notwithstanding the provisions of section

22 1968(a)(4) of this title, a member who is required to make

23 a direct remittance of costs to one of the Armed Forces

24 and who fails to make a timely payment of premiums as

25 required will be deemed to have made a written request
46

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1 for discontinuance of his or her Servicemen’s Group Life

2 Insurance as required by section 1968(a) of this title. The

3 Secretary concerned shall not terminate the insurance of

4 such members without first providing written notification

5 at least 60 days in advance of the proposed termination

6 date.’’.

7 Subtitle C—Other Matters

8 SEC. 621. AUTHORIZATION OF PAYMENT OR COLLECTION

9 DUE TO FLUCTUATIONS OF FOREIGN CUR10 RENCY INCURRED BY CERTAIN MILITARY

11 MEMBERS.

12 (a) IN GENERAL.—Section 405(d) of title 37, United

13 States Code, is amended to read as follows:

14 ‘‘(d) In the case of a member of the uniformed serv15 ices authorized to receive a per diem allowance under sub16 section (a), the Secretary concerned may make a lump17 sum payment for nonrecurring expenses incurred by the

18 member in occupying private housing outside of the Unit19 ed States if authorized or approved under regulations pre20 scribed by the Secretary concerned, including losses expe21 rienced by a member upon the return of refundable hous22 ing related deposits or as a result of other transactions

23 necessary to secure housing where losses are incurred sole24 ly as the result of fluctuation in the relative values of U.S.

25 and foreign currencies. Any currency fluctuation gains
47

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1 made by the member upon the return of a refundable

2 housing-related deposit shall be recouped by the Secretary

3 concerned. Expenses for which payments are made under

4 this subsection may not be considered for purposes of de5 termining the per diem allowance of the member under

6 subsection (a).’’.

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

8 this section shall take effect on October 1, 1993.

9 SEC. 622. REVISIONS TO SECURITY DEPOSIT WAIVER PRO10 GRAM.

11 Section 1055(c) of title 10, United States Code, is

12 amended—

13 (1) by striking out paragraph (2); and

14 (2) by striking out ‘‘(1)’’ at the beginning of

15 the first paragraph.

16 SEC. 623. EXTENSION OF DESERT SHIELD POSTPONEMENT

17 OF CERTAIN TAX-RELATED ACTS TO OTHER

18 CONTINGENCY OPERATIONS.

19 Section 7508 of the Internal Revenue Code of 1986

20 is amended—

21 (1) in subsection (f), by striking out ‘‘DESERT

22 SHIELD services’’ each place such phrase appears

23 and inserting in lieu thereof ‘‘contingency operation

24 services’’ in each instance;
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1 (2) by amending subsection (f)(2)(A) to read as

2 follows:

3 ‘‘(A) such services are performed in the area des4 ignated by the Secretary of Defense pursuant to this sub5 paragraph as a contingency operation area, and’’; and

6 (3) by amending subsection (f)(2)(B) to read as

7 follows:

8 ‘‘(B) such services are performed during the period

9 designated by the Secretary of Defense as the period of

10 contingency operations in the area designated referred to

11 in subparagraph (A).’’.

12 SEC. 624. INCLUSION OF VICTIMS OF TERRORISM IN CER13 TAIN TITLE 37 BENEFITS.

14 (a) IN GENERAL.—Section 559 of title 37, United

15 States Code, is amended—

16 (1) by amending the section hearing to read as

17 follows:

18 ‘‘§ 559. Benefits: victims of terrorism; members held

19 as captives’’;

20 and

21 (2) in subsection (a)(1), by striking out ‘‘if

22 Congress provides to such a member, in an Act en23 acted after August 27, 1986, monetary payment in

24 respect of such period of captivity’’.
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1 (b) CLERICAL AMENDMENT.—The item relating to

2 section 559 in the table of sections at the beginning of

3 chapter 10 of title 37, United States Code, is amended

4 to read as follows:

‘‘559. Benefits: victims of terrorism; members held as captives.’’.

5 SEC. 625. PERMANENT AUTHORITY FOR FORMER PRIS6 ONERS OF WAR TO CLAIM PAYMENTS BE7 CAUSE OF VIOLATION OF THE GENEVA CON8 VENTIONS.

9 Section 6 of the War Claims Act of 1948 (50 App.

10 U.S.C. 2005) is amended by inserting after subsection (g)

11 the following new subsection:

12 ‘‘(h)(1) As used in this subsection, the term ‘prisoner

13 of war’ means any regularly appointed, enrolled, enlisted,

14 or inducted member of the Armed Forces of the United

15 States who was held in captivity as a prisoner of war for

16 any period that, unless the Congress so determines first

17 by concurrent resolution, the President determines for

18 purposes of this subsection to have been a period of con19 flict with a force hostile to the United States, except any

20 such member who, at any time, voluntarily, knowingly,

21 and without duress gave aid to or collaborated with, or

22 in any manner served, such hostile force.

23 ‘‘(2) The Commission is authorized to receive and to

24 determine, according to law, the amount and validity, and

25 provide for payment of any claim filed by any prisoner
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1 of war for compensation for the failure of the hostile force

2 by which he was held as a prisoner of war, or its agents,

3 to furnish him the quantity or quality of food prescribed

4 for prisoners of war under the terms of the Geneva Con5 vention of August 12, 1949. Each claimant is required to

6 bear all burdens of proof under this section. The com7 pensation allowed to any prisoner of war under the provi8 sions of this paragraph shall be one-half of the food por9 tion of the world wide average per diem rate for each day

10 on which he was held as a prisoner of war and on which

11 such hostile force, or its agents, failed to furnish him such

12 quantity or quality food.

13 ‘‘(3) The Commission is authorized to receive and de14 termine according to law, the amount and validity and to

15 provide for the payment of any claim filed by any prisoner

16 of war for compensation—

17 ‘‘(A) for the failure of the hostile force by which

18 he was held as a prisoner of war, or its agents, to

19 meet the conditions and requirements prescribed

20 under Part III, section III, of the Geneva Conven21 tion of August 12, 1949, relating to labor of pris22 oners of war; or

23 ‘‘(B) for inhumane treatment by the hostile

24 force by which he was held, or its agents. The term

25 ‘inhumane treatment’ as used in this subparagraph
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1 shall include, but not be limited to, failure of such

2 hostile force, or its agents, to meet the conditions

3 and requirements of one or more of the provisions

4 of article 3, 12, 13, 14, 17, 19, 22, 23, 24, 25, 27,

5 29, 43, 44, 45, 46, 47, 48, 84, 85, 86, 87, 88, 89,

6 90, 97, or 98 of the Geneva Convention of August

7 12, 1949.

8 ‘‘Compensation shall be allowed to any prisoner of war

9 under this paragraph up to one-half of the full world wide

10 per diem rate, minus one-half of the food portion, for each

11 day on which he was held as a prisoner of war and with

12 respect to which he alleges and proves in a manner accept13 able to the Commission the failure to meet the conditions

14 and requirements described in subparagraph (A) of this

15 paragraph or the inhumane treatment described in sub16 paragraph (B) of this paragraph. In no event shall the

17 compensation allowed to any prisoner of war under this

18 paragraph exceed one-half of world wide per diem rate

19 with respect to any one day.

20 ‘‘(4) Any claim allowed by the Commission under this

21 subsection shall be certified to the Secretary of the Treas22 ury for payment out of funds appropriated pursuant to

23 this subsection and shall be paid by the Secretary of the

24 Treasury to the person entitled thereto, and shall, in the

25 case of death or determination of death of the persons who
52

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1 are entitled, be paid only to or for the benefit of the per2 sons specified, and in the order established, by subsection

3 (d)(4) of this section.

4 ‘‘(5) Each claim filed under this subsection must be

5 filed not later than three years from whichever of the

6 following dates last occurs:

7 ‘‘(A) The date the prisoner of war by whom the

8 claim is filed returned to the jurisdiction of the

9 Armed Forces of the United States; or

10 ‘‘(B) The date upon which the Department of

11 Defense makes a determination that the prisoner of

12 war has actually died or is presumed to be dead, in

13 the case of any prisoner of war who has not re14 turned to the jurisdiction of the Armed Forces of

15 the United States.

16 ‘‘The Commission shall complete its determinations with

17 respect to each claim filed under this subsection at the

18 earliest practicable date, but in no event later than one

19 year after the date on which such claim was filed.

20 ‘‘(6)(A) An action may not be instituted upon a claim

21 hereunder unless the claimant first shall have presented

22 the claim to the Commission and such claim shall have

23 been finally denied by the Commission in writing and sent

24 by certified or registered mail. The failure of the Commis25 sion to make a final disposition of a claim within one year
53

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1 after it is filed shall, at the option of the claimant any

2 time within two years thereafter, be deemed a final denial

3 of the claim for the purposes of this paragraph. The provi4 sions of this paragraph shall not apply to such claims as

5 may be asserted under the Federal Rules of Civil Proce6 dure by third party complaint, cross-claim, or counter7 claim.

8 ‘‘(B) The acceptance by the claimant of any award,

9 compromise, or settlement shall be final and conclusive on

10 the claimant, and shall constitute a complete release of

11 any claim against the United States by reason of the sub12 ject matter of the claim.

13 ‘‘(C) An action instituted under this subsection must

14 be filed not later than two years from whichever of the

15 following dates first occurs:

16 ‘‘(i) The date on which the claim was finally de17 nied by the Commission in writing; or

18 ‘‘(ii) The first anniversary of the date on which

19 the claim was filed if the Commission fails to make

20 final disposition of a claim within one year after it

21 is filed.

22 ‘‘(D) An action under this paragraph shall be insti23 tuted only in the United States Court of Federal Claims.

24 The Attorney General or his designee may arbitrate, com25 promise, or settle any claim cognizable under this sub-
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1 section, after commencement of an action thereon. Attor2 ney fees shall be limited to not more than 20 percent of

3 any award.

4 ‘‘(E) Action under this paragraph shall not be insti5 tuted for any sum in excess of the amount of the claim

6 presented to the Commission, except where the increased

7 amount is based upon newly discovered evidence not rea8 sonably discoverable at the time of presenting the claim

9 to the Commission, or upon allegation and proof of inter10 vening facts relating to the amount of the claim.

11 ‘‘(F) Disposition of any claim by the Attorney Gen12 eral or the Commission shall not be competent evidence

13 of liability or amount of damages.

14 ‘‘(7) Any claim allowed under the provisions of this

15 subsection shall be paid from funds appropriated pursuant

16 to paragraph (8) of this subsection.

17 ‘‘(8) There are authorized to be appropriated such

18 amounts as may be necessary to carry out the purposes

19 of this subsection, including necessary administrative ex20 pense.’’.
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1 TITLE VII—HEALTH CARE PROVISIONS

2 Subtitle A—Health Care Management

3 SEC. 701. EXTENSION AND REVISION OF SPECIALIZED

4 TREATMENT SERVICES PROGRAM.

5 (a) EXTENSION OF PROGRAM.—Section

6 1079(a)(7)(B) of title 10, United States Code, is amended

7 by striking out ‘‘October 1, 1993’’ and inserting in lieu

8 thereof, ‘‘October 1, 1995’’.

9 (b) INCLUSION OF FACILITIES PURSUANT TO CON10 TRACT OR AGREEMENT.—Section 1105 of title 10, United

11 States Code, is amended—

12 (1) by redesignating the current text as sub13 section (a); and

14 (2) by striking out ‘‘within the area served by

15 that facility’’ in the redesignated subsection (a); and

16 (3) by adding at the end the following new sub17 sections (b), (c), and (d):

18 ‘‘(b) The Secretary of Defense, after consulting with

19 the other administering Secretaries, shall promulgate reg20 ulations to implement this section.

21 ‘‘(c) The regulations required by subsection (b) shall

22 include standards for service areas comparable in size to

23 service areas designated for facilities of the uniformed

24 services pursuant to section 1079(a)(7), 1080, and

25 1086(e).
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1 ‘‘(d) The regulations required by subsection (b) may

2 provide for full or partial reimbursement of reasonable ex3 penses for long distance transportation for a covered bene4 ficiary to or from a health care facility (including a facility

5 of the uniformed services or a facility referred to in sub6 section (a)) at which specialized health care services are

7 provided pursuant to this chapter and long distance trans8 portation, temporary lodging and meals (not to exceed the

9 applicable per diem rate) for a non-medical attendant (in10 cluding an active duty member) to accompany such bene11 ficiary when the Secretary determines that such reim12 bursement will permit the health care services to be pro13 vided at less total cost to the Department of Defense than

14 if the services were otherwise provided pursuant to this

15 chapter. In lieu of reimbursement for such expenses, the

16 use, when available, of Department of Defense transpor17 tation, meals and lodging is authorized.’’.

18 SEC. 702. REVISION AND CODIFICATION OF CHAMPUS PHY19 SICIAN PAYMENT REFORM PROGRAM.

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

21 amended to read as follows:

22 ‘‘(h)(1) Beginning in fiscal year 1994, payment for

23 a charge for services by an individual health care profes24 sional (or other non-institutional health care provider) for

25 which a claim is submitted under a plan contracted for
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1 under subsection (a) may not exceed the amounts allowed

2 in fiscal year 1993 for similar services, except that—

3 ‘‘(A) for services for which the Secretary of De4 fense determines an increase is justified by economic

5 circumstances, the allowable amounts may be in6 creased in accordance with appropriate economic

7 index data similar to that used pursuant to title

8 XVIII of the Social Security Act; and

9 ‘‘(B) for services the Secretary determines are

10 overpriced in comparison to amounts allowed pursu11 ant to title XVIII of the Social Security Act, the al12 lowable amounts shall be reduced by not more than

13 15 percent.

14 ‘‘(2) In implementing the requirements of paragraph

15 (1), the following shall apply:

16 ‘‘(A) Any reduction required by paragraph

17 (1)(B) may be waived by the Secretary if the Sec18 retary determines that such reduction would impair

19 adequate access to health care services for bene20 ficiaries.

21 ‘‘(B) The Secretary shall adopt a limitation,

22 similar to that used pursuant to title XVIII of the

23 Social Security Act, on the extent to which a pro24 vider may bill a beneficiary an actual charge in ex25 cess of the amount allowed under paragraph (1).
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1 ‘‘(C) The Secretary shall consult with the other

2 administering Secretaries and solicit public comment

3 prior to promulgating regulations to implement this

4 section.’’.

5 SEC. 703. CODIFICATION OF CHAMPUS PEER REVIEW ORGA6 NIZATION PROGRAM PROCEDURES.

7 Section 1079 of title 10, United States Code, is fur8 ther amended by adding at the end thereof the following

9 new subsection:

10 ‘‘(o) Health care services provided pursuant to this

11 section or section 1086 of this title shall not include serv12 ices determined under the CHAMPUS Peer Review Orga13 nization program to be not medically or psychologically

14 necessary. The Secretary of Defense, after consulting with

15 the other administering Secretaries, may adopt by regula16 tion any quality and utilization review requirements and

17 procedures in effect for the Peer Review Organization pro18 gram under title XVIII of the Social Security Act (Medi19 care) that the Secretary determines necessary, and may

20 adapt the Medicare requirements and procedures to the

21 circumstances of the CHAMPUS PRO program as the

22 Secretary determines appropriate.’’.
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1 SEC. 704. AWARD OF CONSTRUCTIVE SERVICE CREDIT FOR

2 ADVANCED HEALTH PROFESSIONAL DE3 GREES.

4 (a) CREDIT ON ORIGINAL APPOINTMENT.—Section

5 533(b)(1) of title 10, United States Code, is amended—

6 (1) in subparagraph (A)—

7 (A) by inserting ‘‘professional’’ in the first

8 sentence after ‘‘One year for each year of

9 advanced’’;

10 (B) by striking out ‘‘Except as provided in

11 clause (E), in’’ at the beginning of the second

12 sentence and inserting in lieu thereof ‘‘In’’; and

13 (C) by striking out ‘‘postsecondary edu14 cation in excess of four that are’’ in the second

15 sentence and inserting in lieu thereof ‘‘advanced

16 education’’;

17 (2) by striking out subparagraph (E); and

18 (3) by redesignating subparagraph (F) as sub19 paragraph ‘‘(E)’’.

20 (b) CREDIT AS RESERVE OF THE ARMY.—Section

21 3353 (b)(1) of title 10, United States Code, is amended—

22 (1) in subparagraph (A)—

23 (A) by inserting ‘‘professional’’ in the first

24 sentence after ‘‘One year for each year of

25 advanced’’;
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1 (B) by striking out ‘‘Except as provided in

2 clause (E), in’’ at the beginning of the second

3 sentence and inserting in lieu thereof ‘‘In’’; and

4 (C) by striking out ‘‘postsecondary edu5 cation in excess of four that are’’ in the second

6 sentence and inserting in lieu thereof ‘‘advanced

7 education’’;

8 (2) by striking out subparagraph (E); and

9 (3) by redesignating subparagraph (F) as sub10 paragraph ‘‘(E)’’.

11 (c) CREDIT IN THE NAVAL RESERVE AND MARINE

12 CORPS RESERVE.—Section 5600(b)(1) of title 10, United

13 States Code, is amended—

14 (1) in subparagraph (A)—

15 (A) by inserting ‘‘professional’’ in the first

16 sentence after ‘‘One year for each year of

17 advanced’’;

18 (B) by striking out ‘‘Except as provided in

19 clause (E), in’’ at the beginning of the second

20 sentence and inserting in lieu thereof ‘‘In’’; and

21 (C) by striking out ‘‘postsecondary edu22 cation in excess of four that are’’ in the second

23 sentence and inserting in lieu thereof ‘‘advanced

24 education’’;

25 (2) by striking out subparagraph (E); and
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1 (3) by redesignating subparagraph (F) as sub2 paragraph ‘‘(E)’’.

3 (d) CREDIT AS RESERVE OF THE AIR FORCE.—Sec4 tion 8353(b)(1) of title 10, United States Code, is amend5 ed—

6 (1) in subparagraph (A)—

7 (A) by inserting ‘‘professional’’ in the first

8 sentence after ‘‘One year for each year of ad9 vanced’’;

10 (B) by striking out ‘‘Except as provided in

11 clause (E), in’’ at the beginning of the second

12 sentence and inserting in lieu thereof ‘‘In’’; and

13 (C) by striking out ‘‘postsecondary edu14 cation in excess of four that are’’ in the second

15 sentence and inserting in lieu thereof ‘‘advanced

16 education’’;

17 (2) by striking out subparagraph (E); and

18 (3) by redesignating subparagraph (F) as sub19 paragraph ‘‘(E)’’.

20 SEC. 705. CODIFICATION OF REVISED GOVERNANCE STRUC21 TURE OF THE UNIFORMED SERVICES UNI22 VERSITY OF THE HEALTH SCIENCES.

23 (a) IN GENERAL.—Section 2113 of title 10, United

24 States Code, is amended—
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1 (1) by amending the section heading to read as

2 follows:

3 ‘‘§ 2113. Authority of Secretary; Board of Regents’’;

4 (2) by amending subsections (a) and (b) to read

5 as follows:

6 ‘‘(a) The business of the University shall be con7 ducted by the Secretary of Defense.

8 ‘‘(b)(1) There shall be a Board of Regents (herein9 after in this chapter referred to as the ‘‘Board’’), which

10 shall serve as an advisory board to the Secretary of De11 fense, especially concerning academic affairs of the Uni12 versity. The Board shall consist of—

13 ‘‘(A) nine persons outstanding in the fields of

14 health, health education, or other fields, who shall be

15 appointed from civilian life by the President of the

16 United States;

17 ‘‘(B) the surgeons general of the uniformed

18 services, who shall be ex officio members; and

19 ‘‘(C) the President of the University, who shall

20 be an ex officio member.

21 ‘‘(2) The term of each member of the Board (other

22 than ex officio members) shall be six years except that—

23 ‘‘(A) any member appointed to fill a vacancy oc24 curring before the expiration of the term for which
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1 his predecessor was appointed shall be appointed for

2 the remainder of such term; and

3 ‘‘(B) any member whose term of office has ex4 pired shall continue to serve until his successor is

5 appointed.’’;

6 (3) in subsection (c), by inserting ‘‘of the Unit7 ed States’’ after ‘‘President’’;

8 (4) by amending subsection (d) to read as fol9 lows:

10 ‘‘(d) The Secretary shall appoint a President of the

11 University, who shall also serve as a nonvoting ex officio

12 member of the Board.’’;

13 (5) in subsection (e), by striking out ‘‘$100’’

14 and inserting in lieu thereof ‘‘$300’’;

15 (6) in subsection (f)—

16 (A) by striking out ‘‘Board’’ each time it

17 appears and inserting in lieu thereof ‘‘Sec18 retary’’; and

19 (B) in paragraph (1), by striking out

20 ‘‘after considering the recommendations of the

21 Dean,’’;

22 (7) in subsection (g)—

23 (A) by striking out ‘‘Board’’ each time it

24 appears and inserting in lieu thereof ‘‘Sec25 retary’’; and
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1 (B) by striking out ‘‘subject to the ap2 proval of the Secretary of Defense’’ in the last

3 sentence;

4 (8) in subsection (h), by striking out ‘‘Board’’

5 and inserting in lieu thereof ‘‘Secretary’’;

6 (9) in subsection (i), by striking out ‘‘Board’’

7 and inserting in lieu thereof ‘‘Secretary’’; and

8 (10) in subsection (j)—

9 (A) by striking out ‘‘Board’’ each time it

10 appears and inserting in lieu thereof in each in11 stance ‘‘Secretary’’; and

12 (B) in paragraph (1)(A), by inserting ‘‘or

13 cooperative agreements’’ after ‘‘contracts’’.

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

15 section 2113 in the table of sections at the beginning of

16 chapter 104 of title 10, United States Code, is amended

17 to read as follows:

‘‘2113. Authority of Secretary; Board of Regents.’’.

18 SEC. 706. CLARIFICATION OF AUTHORITY FOR GRADUATE

19 STUDENT PROGRAM OF THE UNIFORMED

20 SERVICES UNIVERSITY OF THE HEALTH

21 SCIENCES.

22 Section 2114 of title 10, United States Code, is

23 amended—
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1 (1) in subsection (a), by striking out ‘‘Stu2 dents’’ in the first sentence and inserting in lieu

3 thereof ‘‘Medical students’’;

4 (2) in subsection (b), by striking out ‘‘Stu5 dents’’ in the first and fourth sentences and insert6 ing in lieu thereof in each instance ‘‘Medical stu7 dents’’;

8 (3) in subsection (d), by inserting ‘‘commis9 sioned’’ before the word ‘‘member’’ in the first sen10 tence; and

11 (4) by adding at the end the following new sub12 section:

13 ‘‘(g) The Secretary of Defense shall establish selec14 tion procedures, service obligations (if any), and other re15 quirements the Secretary determines appropriate for stu16 dents in any postdoctoral, postgraduate, or technological

17 institutes established pursuant to section 2113(h) of this

18 title.’’.

19 SEC. 707. MODIFICATION OF DATE FOR DELIVERY OF

20 HEALTH CARE SERVICES UNDER CHAMPUS

21 REFORM INITIATIVE CONTRACT.

22 Section 713(b) of the National Defense Authorization

23 Act for Fiscal Year 1993 (10 U.S.C. 1073 note) is amend24 ed by inserting ‘‘, or as soon thereafter as is practicable’’

25 after ‘‘August 1, 1993’’.
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1 SEC. 708. AUTHORITY FOR THE ARMED FORCES INSTITUTE

2 OF PATHOLOGY TO OBTAIN ADDITIONAL DIS3 TINGUISHED PATHOLOGISTS AND SCI4 ENTISTS.

5 Section 176(c) of title 10, United States Code, is

6 amended by adding at the end the following new sentence:

7 ‘‘The Secretary of Defense, on a case-by-case basis, may

8 waive the limitation of six distinguished pathologists or

9 scientists if the Secretary determines that such waiver is

10 in the best interest of the Department of Defense.’’.

11 Subtitle B—Other Matters

12 SEC. 711. EXCLUSION OF EXPERIENCED MILITARY PHYSI13 CIANS FROM MEDICARE DEFINITION OF NEW

14 PHYSICIAN.

15 (a) CHARGES IN RURAL AREAS; EFFECT OF

16 UNIFORMED SERVICE EXPERIENCE.—Section

17 1842(b)(4)(F)(i) of the Social Security Act (42 U.S.C.

18 1395u(b)(4)(F)) is amended by adding at the end the fol19 lowing new sentence: ‘‘The preceding sentence shall not

20 apply to any health care practitioner who has served at

21 least four years as a health care practitioner in one of

22 the uniformed services.’’.

23 (b) CHARGES BY NEW PHYSICIANS; EFFECT OF UNI24 FORMED SERVICE EXPERIENCE.—Section 1848(a)(4) of

25 the Social Security Act (42 U.S.C. 1395w–4(a)(4)) is

26 amended by inserting ‘‘, or to any physician who has
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1 served at least four years as a physician in one of the uni2 formed services’’ before the period at the end of the second

3 sentence.

4 SEC. 712. REPEAL OF THE STATUTORY RESTRICTION ON

5 USE OF FUNDS FOR ABORTIONS.

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

7 States Code, is repealed.

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

9 at the beginning of Chapter 55, United States Code, is

10 amended by striking the item referring to section 1093.

11 TITLE VIII—DEPARTMENT OF DEFENSE

12 ORGANIZATION AND MANAGEMENT

13 Subtitle A—Office of the Secretary of Defense

14 SEC. 801. AUTHORIZATION FOR CERTAIN ORGANIZATIONAL

15 CHANGES IN THE OFFICE OF THE SEC16 RETARY OF DEFENSE.

17 (a) REORGANIZATION OF THE OFFICE OF THE SEC18 RETARY OF DEFENSE.—Chapter 4 of title 10, United

19 States Code, is amended—

20 (1) by redesignating sections 135, 136, 138,

21 139, 140, and 141 as sections 137, 138, 139, 140,

22 141, and 142, respectively;

23 (2) by redesignating section 137 as section 135;

24 (3) by inserting after section 135, as redesig25 nated by paragraph (2), the following new section:
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1 ‘‘§ 136. Under Secretary of Defense for Personnel and

2 Readiness

3 ‘‘(a) There is an Under Secretary of Defense for Per4 sonnel and Readiness, appointed from civilian life by the

5 President, by and with the consent of the Senate.

6 ‘‘(b) Subject to the authority, direction, and control

7 of the Secretary of Defense, the Under Secretary of De8 fense for Personnel and Readiness shall perform such du9 ties and exercise such powers as the Secretary of Defense

10 may prescribe in the areas of military readiness, total

11 force management, military and civilian personnel require12 ments, military and civilian personnel training, military

13 and civilian family matters, personnel requirements for

14 weapons support, National Guard and Reserve compo15 nents, and health affairs.

16 ‘‘(c) The Under Secretary of Defense for Personnel

17 and Readiness takes precedence in the Department of De18 fense after the Comptroller.’’;

19 (4) by amending subsection 131(b) to read as

20 follows:

21 ‘‘(b) The Office of the Secretary of Defense is com22 posed of the following:

23 ‘‘(1) The Deputy Secretary of Defense.

24 ‘‘(2) The Under Secretary of Defense for Ac25 quisition and Technology.
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1 ‘‘(3) The Under Secretary of Defense for Pol2 icy.

3 ‘‘(4) The Comptroller.

4 ‘‘(5) The Under Secretary of Defense for Per5 sonnel and Readiness.

6 ‘‘(6) The Director of Defense Research and En7 gineering.

8 ‘‘(7) The Assistant Secretaries of Defense.

9 ‘‘(8) The Director of Operational Test and

10 Evaluation.

11 ‘‘(9) The General Counsel of the Department of

12 Defense.

13 ‘‘(10) The Inspector General of the Department

14 of Defense.

15 ‘‘(11) Such other offices and officials as may be

16 established by law or the Secretary of Defense may

17 establish or designate in the Office.’’;

18 (5) in section 133, by striking out ‘‘Under Sec19 retary of Defense for Acquisition’’ each place such

20 term appears, to include the heading for the section,

21 and by inserting in lieu thereof in each instance, to

22 include the heading for such section, ‘‘Under Sec23 retary of Defense for Acquisition and Technology’’;

24 (6) in section 133a, by striking out ‘‘Deputy

25 Under Secretary of Defense for Acquisition’’ each
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1 place such term appears, to include the heading for

2 such section, and by inserting in lieu thereof in each

3 instance, to include the heading for such section,

4 ‘‘Deputy Under Secretary of Defense for Acquisition

5 and Technology’’;

6 (7) in section 138, as redesignated by this sec7 tion (formerly section 136)—

8 (A) in subsection (a), by striking out ‘‘elev9 en’’ and inserting in lieu thereof ‘‘nine’’; and

10 (B) in subsection (d), by inserting ‘‘and

11 Comptroller’’ after ‘‘Under Secretaries of De12 fense’’; and

13 (8) by amending the table of sections at the be14 ginning of such chapter to read as follows:

‘‘Sec.

‘‘131. Office of the Secretary of Defense.

‘‘132. Deputy Secretary of Defense.

‘‘133. Under Secretary of Defense for Acquisition and Technology.

‘‘133a. Deputy Under Secretary of Defense for Acquisition and Technology.

‘‘134. Under Secretary of Defense for Policy.

‘‘134a. Deputy Under Secretary of Defense for Policy.

‘‘135. Comptroller.

‘‘136. Under Secretary of Defense for Personnel and Readiness.

‘‘137. Director of Defense Research and Engineering.

‘‘138. Assistant Secretaries of Defense.

‘‘139. Director of Operational Test and Evaluation.

‘‘140. General Counsel.

‘‘141. Inspector General.

‘‘142. Assistant to the Secretary of Defense for Atomic Energy.’’.

15 (b) ADDITION OF TWO POSITIONS AT LEVEL III OF

16 THE EXECUTIVE SCHEDULE AND THREE CONFORMING

17 AMENDMENTS TO THE EXECUTIVE SCHEDULE.—Sub-
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1 chapter II of chapter 53 of title 5, United States Code,

2 is amended—

3 (1) in section 5313 (positions at level II), by

4 striking out ‘‘Under Secretary of Defense for Acqui5 sition’’ and inserting in lieu thereof ‘‘Under Sec6 retary of Defense for Acquisition and Technology’’;

7 (2) in section 5314 (positions at level III)—

8 (A) by inserting after ‘‘Under Secretary of

9 Defense for Policy’’ the following:

10 ‘‘Comptroller of the Department of Defense.

11 ‘‘Under Secretary of Defense for Personnel and

12 Readiness.’’; and

13 (B) by striking out ‘‘Deputy Under Sec14 retary of Defense for Acquisition’’ and inserting

15 in lieu thereof ‘‘Deputy Under Secretary of De16 fense for Acquisition and Technology.’’; and

17 (3) in section 5315 (positions at level IV), by

18 striking out ‘‘Assistant Secretaries of Defense (11).’’

19 and inserting in lieu thereof ‘‘Assistant Secretaries

20 of Defense (9).’’.

21 (c) CONFORMING AMENDMENTS TO REFLECT NEW

22 TITLE FOR UNDER SECRETARY OF DEFENSE FOR ACQUI23 SITION AND TECHNOLOGY.—Title 10, United States Code,

24 is amended—
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1 (1) in section 134(c), by striking out ‘‘Under

2 Secretary of Defense for Acquisition’’ and inserting

3 in lieu thereof ‘‘Under Secretary of Defense for Ac4 quisition and Technology’’;

5 (2) in section 137(b), as redesignated by this

6 Act, by striking out ‘‘Under Secretary of Defense for

7 Acquisition’’ and inserting in lieu thereof ‘‘Under

8 Secretary of Defense for Acquisition and Tech9 nology’’;

10 (3) in section 140, as redesignated by this Act,

11 by striking out ‘‘Under Secretary of Defense for Ac12 quisition’’ each place is appears and inserting in lieu

13 thereof, in each instance, ‘‘Under Secretary of De14 fense for Acquisition and Technology’’;

15 (4) in section 171(a), by striking out ‘‘Under

16 Secretary of Defense for Acquisition’’ and inserting

17 in lieu thereof ‘‘Under Secretary of Defense for Ac18 quisition and Technology’’;

19 (5) in section 179(a), by striking out ‘‘Under

20 Secretary of Defense for Acquisition’’ and inserting

21 in lieu thereof ‘‘Under Secretary of Defense for Ac22 quisition and Technology’’;

23 (6) in section 1702, to include the catchline for

24 such section, by striking out ‘‘Under Secretary of

25 Defense for Acquisition’’ and inserting in lieu there-
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1 of ‘‘Under Secretary of Defense for Acquisition and

2 Technology’’;

3 (7) in the table of sections for subchapter I of

4 chapter 87, in the item for section 1702, by striking

5 out ‘‘Under Secretary of Defense for Acquisition’’

6 and inserting in lieu thereof ‘‘Under Secretary of

7 Defense for Acquisition and Technology’’;

8 (8) in section 1703, by striking out ‘‘Under

9 Secretary of Defense for Acquisition’’ and inserting

10 in lieu thereof ‘‘Under Secretary of Defense for Ac11 quisition and Technology’’;

12 (9) in section 1707(a), by striking out ‘‘Under

13 Secretary of Defense for Acquisition’’ and inserting

14 in lieu thereof ‘‘Under Secretary of Defense for Ac15 quisition and Technology’’;

16 (10) in section 1722, by striking out ‘‘Under

17 Secretary of Defense for Acquisition’’, each place it

18 appears, and inserting in lieu thereof at each place

19 ‘‘Under Secretary of Defense for Acquisition and

20 Technology’’;

21 (11) in section 1735(c), by striking out ‘‘Under

22 Secretary of Defense for Acquisition’’ and inserting

23 in lieu thereof ‘‘Under Secretary of Defense for Ac24 quisition and Technology’’;
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1 (12) in section 1737(c), by striking out ‘‘Under

2 Secretary of Defense for Acquisition’’, each place it

3 appears and inserting in lieu thereof at each place

4 ‘‘Under Secretary of Defense for Acquisition and

5 Technology’’;

6 (13) in section 1741(b), by striking out ‘‘Under

7 Secretary of Defense for Acquisition’’ and inserting

8 in lieu thereof ‘‘Under Secretary of Defense for Ac9 quisition and Technology’’;

10 (14) in section 1746(a), by striking out ‘‘Under

11 Secretary of Defense for Acquisition’’ and inserting

12 in lieu thereof ‘‘Under Secretary of Defense for Ac13 quisition and Technology’’;

14 (15) in section 1761(b), by striking out ‘‘Under

15 Secretary of Defense for Acquisition’’ and inserting

16 in lieu thereof ‘‘Under Secretary of Defense for Ac17 quisition and Technology’’;

18 (16) in section 1762(a), by striking out ‘‘Under

19 Secretary of Defense for Acquisition’’ each place it

20 appears and inserting in lieu thereof ‘‘Under Sec21 retary of Defense for Acquisition and Technology’’;

22 (17) in section 1763, by striking out ‘‘Under

23 Secretary of Defense for Acquisition’’ and inserting

24 in lieu thereof ‘‘Under Secretary of Defense for Ac25 quisition and Technology’’;
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1 (18) in section 2304(f), by striking out ‘‘Under

2 Secretary of Defense for Acquisition’’ each place it

3 appears and inserting in lieu thereof ‘‘Under Sec4 retary of Defense for Acquisition and Technology’’;

5 (19) in section 2308(b), by striking out ‘‘Under

6 Secretary of Defense for Acquisition’’ each place it

7 appears and inserting in lieu thereof ‘‘Under Sec8 retary of Defense for Acquisition and Technology’’;

9 (20) in section 2325(b), by striking out ‘‘Under

10 Secretary of Defense for Acquisition’’ and inserting

11 in lieu thereof ‘‘Under Secretary of Defense for Ac12 quisition and Technology’’;

13 (21) in section 2329, by striking out ‘‘Under

14 Secretary of Defense for Acquisition’’ each place it

15 appears and inserting in lieu thereof at each place

16 ‘‘Under Secretary of Defense for Acquisition and

17 Technology’’;

18 (22) in section 2350(a), by striking out ‘‘Under

19 Secretary of Defense for Acquisition’’ each place it

20 appears and inserting in lieu thereof ‘‘Under Sec21 retary of Defense for Acquisition and Technology’’;

22 (23) in section 2369, by striking out ‘‘Under

23 Secretary of Defense for Acquisition’’ each place it

24 appears and inserting in lieu thereof ‘‘Under Sec25 retary of Defense for Acquisition and Technology’’;
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1 (24) in section 2399(b), by striking out ‘‘Under

2 Secretary of Defense for Acquisition’’ and inserting

3 in lieu thereof ‘‘Under Secretary of Defense for Ac4 quisition and Technology’’;

5 (25) in section 2435(b), by striking out ‘‘Under

6 Secretary of Defense for Acquisition’’ and inserting

7 in lieu thereof ‘‘Under Secretary of Defense for Ac8 quisition and Technology’’;

9 (26) in section 2436(d), by striking out ‘‘Under

10 Secretary of Defense for Acquisition’’ and inserting

11 in lieu thereof ‘‘Under Secretary of Defense for Ac12 quisition and Technology’’;

13 (27) in section 2438(c), by striking out ‘‘Under

14 Secretary of Defense for Acquisition’’ each place it

15 appears and inserting in lieu thereof ‘‘Under Sec16 retary of Defense for Acquisition and Technology’’;

17 (28) in section 2503(b), by striking out ‘‘Under

18 Secretary of Defense for Acquisition’’ and inserting

19 in lieu thereof ‘‘Under Secretary of Defense for Ac20 quisition and Technology’’;

21 (29) in section 2523(a), by striking out ‘‘Under

22 Secretary of Defense for Acquisition’’ and inserting

23 in lieu thereof ‘‘Under Secretary of Defense for Ac24 quisition and Technology’’;
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1 (30) in section 2534(b), by striking out ‘‘Under

2 Secretary of Defense for Acquisition’’ and inserting

3 in lieu thereof ‘‘Under Secretary of Defense for Ac4 quisition and Technology’’; and

5 (31) in section 171(a), by striking out ‘‘Deputy

6 Under Secretary of Defense for Acquisition’’ and in7 serting in lieu thereof ‘‘Deputy Under Secretary of

8 Defense for Acquisition and Technology’’.

9 Subtitle B—Professional Military Education

10 SEC. 811. AUTHORIZATION FOR THE AWARD OF THE MAS11 TER OF SCIENCE OF NATIONAL SECURITY

12 STRATEGY DEGREE AND THE MASTER OF

13 SCIENCE OF NATIONAL RESOURCE STRAT14 EGY DEGREE.

15 (a) IN GENERAL.—Chapter 108 of title 10, United

16 States Code, is amended by inserting after section 2162

17 the following new section:

18 ‘‘§ 2163. National Defense University: master of

19 science of national security strategy and

20 master of science of national resource

21 strategy

22 ‘‘(a) MASTER OF SCIENCE OF NATIONAL SECURITY

23 STRATEGY.—Under regulations prescribed by the Sec24 retary of Defense, and upon recommendation by the fac25 ulty and commandant of the National War College, the
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1 President of the National Defense University may confer

2 the degree of master of science of national security strat3 egy upon graduates of the National War College who have

4 fulfilled the requirements for that degree.

5 ‘‘(b) MASTER OF SCIENCE OF NATIONAL RESOURCE

6 STRATEGY.—Under regulations prescribed by the Sec7 retary of Defense, and upon recommendation by the fac8 ulty and commandant of the Industrial College of the

9 Armed Forces, the President of the National Defense Uni10 versity may confer the degree of master of science of na11 tional resource strategy upon graduates of the Industrial

12 College of the Armed Forces who have fulfilled the

13 requirements for that degree.’’.

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

15 at the beginning of such chapter is amended by inserting

16 after the item relating to section 2162 the following new

17 item:

‘‘2163. National Defense University: master of science of national security strategy and master of science of national resource strategy.’’.

18 Subtitle C—Other Matters

19 SEC. 821. AUTHORITY FOR CIVILIAN ARMY EMPLOYEES TO

20 ACT ON REPORTS OF SURVEY.

21 Section 4835 of title 10, United States Code, is

22 amended—
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1 (1) in subsection (a), by inserting ‘‘or any civil2 ian employee of the Department of the Army’’ after

3 ‘‘any officer of the Army’’; and

4 (2) in subsection (b), by striking out ‘‘an officer

5 of the Army designated by him.’’ and inserting in

6 lieu thereof ‘‘his designee. The Secretary may des7 ignate officers of the Army or civilian employees of

8 the Department of the Army to approve such

9 action.’’.

10 SEC. 822. ESCORTS AND FLAGS FOR CIVILIAN EMPLOYEES

11 WHO DIE WHILE SERVING IN AN ARMED CON12 FLICT WITH THE ARMED FORCES.

13 (a) IN GENERAL.—Title 10, United States Code, is

14 amended by inserting after section 1482 the following new

15 section:

16 ‘‘§ 1482a. Expenses incident to death of civilian em17 ployees serving in a contingency oper18 ation

19 ‘‘(a) The Secretary of Defense, the Secretary of

20 Transportation, and the Secretaries concerned may pay

21 the following expenses incident to the death of a civilian

22 employee who dies while serving with an armed force in

23 a contingency operation:

24 ‘‘(1) Round-trip transportation and prescribed

25 allowances for one person to escort the remains of
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1 the employee to the place authorized under section

2 5742(b)(1) of title 5.

3 ‘‘(2) Presentation of a flag of the United States

4 to the next of kin of the employee.

5 ‘‘(3) Presentation of a flag of equal size to the

6 flag presented under paragraph (2) to the parents or

7 parent, if the person to be presented a flag under

8 paragraph (2) is other than the parent of the de9 ceased. For the purposes of this paragraph, the term

10 ‘parent’ has the meaning given that term in section

11 1482(a)(11) of this title.

12 ‘‘(b) The Secretary of Defense shall prescribe regula13 tions to implement this section. The Secretary of Trans14 portation shall prescribe regulations to implement this sec15 tion with regard to civilian employees of the Department

16 of Transportation. Such regulations shall be uniform to

17 the extent possible.’’.

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

19 at the beginning of chapter 75 of this title is amended

20 by inserting after the item relating to section 1482 the

21 following new item:

‘‘1482a. Expenses incident to death of civilian employees serving in a contingency operation.’’.
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1 SEC. 823. PROVIDING FLEXIBILITY IN THE OFFICE OF THE

2 INSPECTORS GENERAL OF THE UNITED

3 STATES ARMY AND AIR FORCE.

4 (a) ARMY.—Section 3020(e) of title 10, United

5 States Code, is amended by striking ‘‘shall be’’ in the last

6 sentence and inserting in lieu thereof ‘‘may be either (1)

7 a civilian appointed in the competitive service or in the

8 Senior Executive Service as a career appointee, or (2)’’.

9 (b) AIR FORCE.—Section 8020(e) of title 10, United

10 States Code, is amended by striking ‘‘shall be’’ in the last

11 sentence and inserting in lieu thereof ‘‘may be either (1)

12 a civilian appointed in the competitive service or in the

13 Senior Executive Service as a career appointee, or (2)’’.

14 TITLE IX—GENERAL PROVISIONS

15 SEC. 901. AWARDING OF GOLD STAR LAPEL BUTTONS TO

16 SURVIVORS OF UNITED STATES

17 SERVICEMEMBERS KILLED BY TERRORIST

18 ACTS.

19 Section 1126 of title 10, United States Code, is

20 amended—

21 (1) in subsection (a)—

22 (A) by striking out ‘‘or’’ at the end of

23 paragraph (1);

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

25 of paragraph (2)(iii) and inserting in lieu there26 of a semicolon; and
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1 (C) by inserting after paragraph (2) the

2 following new paragraphs:

3 ‘‘(3) who lost or lose their lives after March 28,

4 1973, as a result of an international terrorist attack

5 against the United States or a foreign nation friend6 ly to the United States, recognized as such an attack

7 by the Secretary of the department concerned, or

8 jointly by the Secretaries of the departments con9 cerned if persons from more than one department

10 are killed in the attack; or

11 ‘‘(4) who lost or lose their lives after March 28,

12 1973, as a result of military operations, while serv13 ing outside the territory of the United States as part

14 of a peace keeping force.’’; and

15 (2) in subsection (d), by inserting after para16 graph (6) the following new paragraphs:

17 ‘‘(7) The term ‘military operations’ includes military

18 personnel assisting in United States Government spon19 sored training of foreign nations’ military personnel.

20 ‘‘(8) The term ‘Peace Keeping Force’ includes au21 thorized United Nations peace keeping operations.’’.

22 SEC. 902. AVIATION LEADERSHIP PROGRAM.

23 (a) IN GENERAL.—Title 10, United States Code, is

24 amended by inserting after chapter 903 the following new

25 chapter:
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1 ‘‘CHAPTER 905—AVIATION LEADERSHIP

2 PROGRAM

‘‘Sec.

‘‘9381. Findings.

‘‘9382. Establishment of program.

‘‘9383. Supplies and clothing.

‘‘9384. Allowances.

‘‘9385. Coordination with the Secretary of State.

3 ‘‘§ 9381. Findings.

4 ‘‘The Congress finds—

5 ‘‘(1) that the training of pilots from the air

6 forces of friendly foreign nations in the United

7 States furthers United States interests, promotes

8 closer relations, and advances the national security;

9 ‘‘(2) that many friendly foreign nations cannot

10 afford to reimburse the United States for the cost

11 of such training provided; and

12 ‘‘(3) that it is in the national interest to author13 ize the Secretary of the Air Force to establish a pro14 gram of pilot training for personnel of the air forces

15 of friendly, less developed foreign nations.

16 ‘‘§ 9382. Establishment of program

17 ‘‘The Secretary of the Air Force may establish and

18 maintain an Aviation Leadership Program which will pro19 vide undergraduate pilot training and necessary related

20 training (including, but not limited to, language training

21 and programs to promote better awareness and under22 standing of the democratic institutions and social frame-
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1 work of the United States) to selected personnel of the

2 air forces of friendly, less-developed foreign nations.

3 ‘‘§ 9383. Supplies and clothing

4 ‘‘(a) Under such conditions as he may prescribe, the

5 Secretary of the Air Force may provide to persons receiv6 ing training under this chapter—

7 ‘‘(1) transportation incident to such training;

8 ‘‘(2) supplies and equipment for the use of such

9 persons during training;

10 ‘‘(3) flight clothing and other special clothing

11 required for training; and

12 ‘‘(4) billeting, food, and health services.

13 ‘‘(b) The Secretary may authorize such expenditures

14 from the appropriations of the Air Force as he considers

15 necessary for the efficient and effective maintenance of the

16 Program in accordance with this chapter.

17 § 9384. Allowances

18 ‘‘The Secretary of the Air Force may pay to persons

19 receiving training under this chapter a living allowance at

20 a rate to be prescribed by him, taking into account the

21 amount of living allowances authorized for members of the

22 United States Armed Forces under similar circumstances.
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1 ‘‘§ 9385. Coordination with the Secretary of State

2 ‘‘Each proposal for training under this chapter shall

3 be planned and implemented in coordination with the Sec4 retary of State.’’.

5 (b) CLERICAL AMENDMENT.—(1) The table of con6 tents of title 10, United States Code, at the beginning of

7 such title, is amended—

8 (A) in part III of subtitle D the first occasion

9 it appears, by inserting after the item relating to

10 chapter 903 the following new item:

‘‘905. Aviation Leadership Program ........................................... 9381’’;

11 and

12 (B) in part III of subtitle D the second occa13 sion it appears, by inserting after the item relating

14 to section 9355 the following new items:

15 ‘‘CHAPTER 905—AVIATION LEADERSHIP

16 PROGRAM

‘‘Sec.

‘‘9381. Findings.

‘‘9382. Establishment of program.

‘‘9383. Supplies and clothing.

‘‘9384. Allowances.

‘‘9385. Coordination with the Secretary of State.’’.

17 (2) The table of chapters of subtitle D of title 10,

18 United States Code, at the beginning of such subtitle, and

19 the table of chapters of part III of subtitle D of title 10,

20 United States Code, at the beginning of such part, are
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1 amended by inserting after the item relating to chapter

2 903 in both instances the following new item:

‘‘905. Aviation Leadership Program ........................................... 9381’’.

3 TITLE X—MATTERS RELATING TO ALLIES

4 AND OTHER NATIONS

5 SEC. 1001. EXCHANGE OF PERSONNEL BETWEEN THE

6 UNITED STATES ARMED FORCES AND FOR7 EIGN DEFENSE DEPARTMENTS OR MIN8 ISTRIES.

9 (a) AUTHORIZATION FOR PERSONNEL EX10 CHANGES.—Chapter 53 of title 10, United States Code,

11 is amended by inserting after section 1051 the following

12 new section:

13 ‘‘§ 1052. Exchange of personnel of the United States

14 Armed Forces with foreign defense de15 partments or ministries

16 ‘‘(a) Subject to any other provision of law, the Sec17 retary of Defense may enter into agreements with the gov18 ernments of allied and friendly foreign countries for the

19 exchange of military and civilian personnel of the United

20 States Armed Forces and such personnel of the defense

21 departments or ministries of such foreign governments.

22 Pursuant to these agreements, personnel of foreign de23 fense departments or ministries may be assigned to posi24 tions in the United States Armed Forces, and personnel

25 of the United States Armed Forces may be assigned to
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1 positions in foreign defense departments or ministries. In

2 the case of agreements for the exchange of personnel en3 gaged in research and development activities, such agree4 ments may provide for assignments to positions in private

5 industry which support the foreign defense departments

6 or ministries. The specific positions and the individuals to

7 be assigned must be acceptable to both governments.

8 These agreements shall be based on the principle of reci9 procity such that each government will provide personnel

10 of essentially equal qualifications, training, and skill. Sal11 ary, per diem, cost of living, travel, cost of language or

12 other training, and other costs (except for cost of tem13 porary duty directed by the host government and costs in14 cidents to the use of host government facilities in the per15 formance of assigned duties) shall be paid by each govern16 ment for its own personnel in accordance with its laws

17 and regulations.

18 ‘‘(b) Personnel assigned to the United States and

19 United States personnel assigned to a foreign government

20 under subsection (a) shall not be required to take an oath

21 of allegiance to their host nation and shall hold no official

22 capacity in the host nation.

23 ‘‘(c) The foregoing shall not limit the authority of the

24 Secretaries of the military departments to conclude agree25 ments for the exchange of active duty military personnel
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1 pursuant to proper legal authority upon the same condi2 tions of reciprocity and cost as specified herein and in con3 formance with such regulations as the Secretary of De4 fense may promulgate.’’; and

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

6 at the beginning of such chapter is amended by inserting

7 after the item relating to section 1051 the following new

8 item:

‘‘1052. Exchange of personnel of the United States Armed Forces with foreign

defense departments or ministries.’’.

9 SEC. 1002. TRANSFER OF CERTAIN DEFENSE ARTICLES IN

10 THE WAR RESERVE ALLIES STOCKPILE TO

11 THE REPUBLIC OF KOREA.

12 Subject to any other provision of law and notwith13 standing section 514 of the Foreign Assistance Act of

14 1961 (22 U.S.C. 2321h), the Secretary of Defense is au15 thorized to transfer to the Republic of Korea, in return

16 for concessions to be negotiated by the Secretary, all or

17 any part of obsolete or surplus (no longer used by the

18 United States) equipment, tanks, weapons, repair parts,

19 and ammunition in the inventory of the Department of

20 Defense which is intended for use as reserve stocks for

21 the Republic of Korea and is located, or is subject to being

22 located, in a stockpile in the Republic of Korea on the

23 date of enactment of this Act. The concessions (including

24 cash compensation, services, waiver of charges otherwise
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1 payable by the United States, and other items of value)

2 to be negotiated by the Secretary shall not be less than

3 the fair market value of the items transferred.

4 SEC. 1003. REPORT REQUIREMENT REPEALED.

5 Section 1002(d)(2)(A) of the Department of Defense

6 Authorization Act, 1985 (Public Law 98–525; 98 Stat.

7 2575), relating to a report on the status and cost of the

8 United States commitment to NATO, is repealed.

9 SEC. 1004. BURDEN SHARING CONTRIBUTIONS BY JAPAN,

10 KUWAIT, AND THE REPUBLIC OF KOREA.

11 (a) IN GENERAL.—Subchapter II of chapter 138 of

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

13 end the following new section:

14 ‘‘§ 2350j. Burden sharing contributions

15 ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Not16 withstanding section 1306 of title 31, United States Code,

17 the Secretary of Defense may accept cash contributions

18 from Japan, Kuwait, and the Republic of Korea for the

19 purposes specified in subsection (c).

20 ‘‘(b) CREDITS.—Contributions accepted under sub21 section (a) shall be credited to appropriations of the De22 partment of Defense. The contributions so credited shall

23 be merged with the appropriations and funds to which

24 they are credited.
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1 ‘‘(c) AVAILABILITY OF CONTRIBUTIONS.—Contribu2 tions accepted under subsection (a) shall be available only

3 for payment of the following costs:

4 ‘‘(1) Compensation for local national employees.

5 ‘‘(2) Military construction projects.

6 ‘‘(3) Supplies and services.

7 ‘‘(d) AUTHORIZATION OF MILITARY CONSTRUC8 TION.—Contributions credited under subsection (b) to an

9 appropriation account of the Department of Defense may

10 be used—

11 ‘‘(1) by the Secretary of Defense to carry out

12 a military construction project that is consistent

13 with the purposes for which the contribution was

14 made and is not otherwise authorized by law; or

15 ‘‘(2) by the Secretary of a military department,

16 with the approval of the Secretary of Defense, to

17 carry out such a project.

18 ‘‘(e) NOTICE AND WAIT REQUIREMENTS.—(1) When

19 a decision is made to carry out a military construction

20 project under subsection (d), the Secretary of Defense

21 shall submit a report to the congressional defense commit22 tees containing—

23 ‘‘(A) an explanation of the need for the project;

24 ‘‘(B) the then current estimate of the cost of

25 the project; and
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1 ‘‘(C) a justification for carrying out the project

2 under that subsection.

3 ‘‘(2) The Secretary of Defense or the Secretary of

4 a military department may not commence a military con5 struction project under subsection (d) until the end of the

6 21-day period beginning on the date on which the Sec7 retary of Defense submits the report under paragraph (1)

8 regarding the project.’’.

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

10 at the beginning of subchapter II of such chapter 138 is

11 amended by adding at the end the following new item:

‘‘2350j. Burden sharing contributions.’’.

12 (c) REPORTING REQUIREMENT.—Not later than 30

13 days after the end of each quarter of fiscal year 1994,

14 the Secretary of Defense shall submit to the congressional

15 defense committees a report specifying separately for

16 Japan, Kuwait, and the Republic of Korea—

17 (1) the amount of the contributions accepted by

18 the Secretary during the preceding quarter under

19 section 2350j of title 10, United States Code, and

20 the purposes for which the contributions were made;

21 and

22 (2) the amount of the contributions expended

23 by the Secretary during the preceding quarter and

24 the purposes for which the contributions were ex25 pended.
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