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from the position of Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, or Commandant of the Marine
Corps shall not be counted for purposes of this section.’’.
(b) NUMBER OF OFFICERS ON ACTIVE DUTY IN GRADE
OF GENERAL OR ADMIRAL.—Section 528(b) of title 10,
United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(2) An officer continuing to hold the grade of general
or admiral under section 601(b)(4) of this title after relief
from the position of Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, or Commandant of the Marine
Corps shall not be counted for purposes of this section.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) FISCAL YEAR 1996.—The Armed Forces are au-
thorized strengths for Selected Reserve personnel of the re-
serve components as of September 30, 1996, as follows:
(1) The Army National Guard of the United
States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,894.
(4) The Marine Corps Reserve, 42,274.
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(5) The Air National Guard of the United
States, 112,707.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) FISCAL YEAR 1997.—The Armed Forces are au-
thorized strengths for Selected Reserve personnel of the re-
serve components as of September 30, 1997, as follows:
(1) The Army National Guard of the United
States, 367,000.
(2) The Army Reserve, 215,000.
(3) The Naval Reserve, 96,694.
(4) The Marine Corps Reserve, 42,682.
(5) The Air National Guard of the United
States, 107,151.
(6) The Air Force Reserve, 73,160.
(7) The Coast Guard Reserve, 8,000.
(c) WAIVER AUTHORITY.—The Secretary of Defense
may vary the end strength authorized by subsection (a) or
subsection (b) by not more than 2 percent.
(d) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) or (b) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
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component which are on active duty (other than for
training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) FISCAL YEAR 1996.—Within the end strengths pre-
scribed in section 411(a), the reserve components of the
Armed Forces are authorized, as of September 30, 1996, the
following number of Reserves to be serving on full-time ac-
tive duty or, in the case of members of the National Guard,
full-time National Guard duty for the purpose of organiz-
ing, administering, recruiting, instructing, or training the
reserve components:
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(1) The Army National Guard of the United
States, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,587.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United
States, 10,066.
(6) The Air Force Reserve, 628.
(b) FISCAL YEAR 1997.—Within the end strengths pre-
scribed in section 411(b), the reserve components of the
Armed Forces are authorized, as of September 30, 1997, the
following number of Reserves to be serving on full-time ac-
tive duty or, in the case of members of the National Guard,
full-time National Guard duty for the purpose of organiz-
ing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United
States, 23,040.
(2) The Army Reserve, 11,550.
(3) The Naval Reserve, 17,171.
(4) The Marine Corps Reserve, 2,976.
(5) The Air National Guard of the United
States, 9,824.
(6) The Air Force Reserve, 625.
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SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN
GRADES AUTHORIZED TO SERVE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS.—The table at the end of section
12011(a) of title 10, United States Code, is amended to read
as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
Major or Lieutenant Commander ................
3,219
1,071
643
140
Lieutenant Colonel or Commander ..............
1,524
520
672
Colonel or Navy Captain ..............................
412
188
274
30’’.
(b) SENIOR ENLISTED MEMBERS.—The table at the
end of section 12012(a) of such title is amended to read
as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 .................................................................
603
202
366
E–8 .................................................................
2,585
429
890
94’’.
SEC. 414. RESERVES ON ACTIVE DUTY IN SUPPORT OF CO-
OPERATIVE THREAT REDUCTION PROGRAMS
NOT TO BE COUNTED.
Section 115(d) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(8) Members of the Selected Reserve of the
Ready Reserve on active duty for more that 180 days
to support programs described in section 1203(b) of
the Cooperative Threat Reduction Act of 1993 (title
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XII of Public Law 103–160; 107 Stat. 1778; 22
U.S.C. 5952(b)).’’.
SEC. 415. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-
MILITARY CONTACTS AND COMPARABLE AC-
TIVITIES NOT TO BE COUNTED.
Section 168 of title 10, United States Code, is amend-
ed—
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
‘‘(f) ACTIVE DUTY END STRENGTHS.—(1) A member
of a reserve component referred to in paragraph (2) shall
not be counted for purposes of the following personnel
strength limitations:
‘‘(A) The end strength for active-duty personnel
authorized pursuant to section 115(a)(1) of this title
for the fiscal year in which the member carries out
the activities referred to in paragraph (2).
‘‘(B) The authorized daily average for members
in pay grades E–8 and E–9 under section 517 of this
title for the calendar year in which the member car-
ries out such activities.
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‘‘(C) The authorized strengths for commissioned
officers under section 523 of this title for the fiscal
year in which the member carries out such activities.
‘‘(2) A member of a reserve component referred to in
paragraph (1) is any member on active duty under an
order to active duty for 180 days or more who is engaged
in activities authorized under this section.’’.
Subtitle C—Military Training
Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) FISCAL YEAR 1996.—For fiscal year 1996, the
Armed Forces are authorized average military training stu-
dent loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) FISCAL YEAR 1997.—For fiscal year 1997, the
Armed Forces are authorized average military training stu-
dent loads as follows:
(1) The Army, 79,275.
(2) The Navy, 44,121.
(3) The Marine Corps, 27,255.
(4) The Air Force, 35,522.
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(c) SCOPE.—The average military training student
load authorized for an armed force for a fiscal year under
subsection (a) or (b) applies to the active and reserve com-
ponents of that armed force for that fiscal year.
(d) ADJUSTMENTS.—The average military training
student load authorized for a fiscal year in subsection (a)
or (b) shall be adjusted consistent with the end strengths
authorized for that fiscal year in subtitles A and B. The
Secretary of Defense shall prescribe the manner in which
such adjustments shall be apportioned.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1996 a total of $68,896,863,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1996.
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TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
SEC. 501. JOINT OFFICER MANAGEMENT.
(a) CRITICAL JOINT DUTY ASSIGNMENT POSITIONS.—
Section 661(d)(2)(A) of title 10, United States Code, is
amended by striking out ‘‘1,000’’ and inserting in lieu
thereof ‘‘500’’.
(b) ADDITIONAL QUALIFYING JOINT SERVICE.—Sec-
tion 664 of such title is amended by adding at the end the
following:
‘‘(i) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK
FORCE ASSIGNMENTS.—(1) The Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
may credit an officer with having completed a full tour of
duty in a joint duty assignment upon the officer’s comple-
tion of service described in paragraph (2) or may grant
credit for such service for purposes of determining the cu-
mulative service of the officer in joint duty assignments.
The credit for such service may be granted without regard
to the length of the service (except as provided in regulations
pursuant to subparagraphs (A) and (B) of paragraph (4))
and without regard to whether the assignment in which the
service was performed is a joint duty assignment as defined
in regulations pursuant to section 668 of this title.
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‘‘(2) Service performed by an officer in a temporary
assignment on a joint task force or a multinational force
headquarters staff may be considered for credit under para-
graph (1) if—
‘‘(A) the Secretary of Defense determines that the
service in that assignment provided significant expe-
rience in joint matters;
‘‘(B) any portion of the service in that assign-
ment was performed on or after the date of the enact-
ment of the National Defense Authorization Act for
Fiscal Year 1996; and
‘‘(C) the officer is recommended for such credit
by the Chief of Staff of the Army (for an officer in
the Army), the Chief of Naval Operations (for an offi-
cer in the Navy), the Chief of Staff of the Air Force
(for an officer in the Air Force), or the Commandant
of the Marine Corps (for an officer in the Marine
Corps).
‘‘(3) Credit shall be granted under paragraph (1) on
a case-by-case basis.
‘‘(4) The Secretary of Defense shall prescribe uniform
criteria for determining whether to grant an officer credit
under paragraph (1). The criteria shall include the follow-
ing:
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‘‘(A) For an officer to be credited as having com-
pleted a full tour of duty in a joint duty assignment,
the officer accumulated at least 24 months of service
in a temporary assignment referred to in paragraph
(2).
‘‘(B) For an officer to be credited with service in
a joint duty assignment for purposes of determining
cumulative service in joint duty assignments, the offi-
cer accumulated at least 30 consecutive days of service
or 60 days of total service in a temporary assignment
referred to in paragraph (2).
‘‘(C) The service was performed in support of a
mission that was directed by the President or was as-
signed by the President to United States forces in the
joint task force or multinational force involved.
‘‘(D) The joint task force or multinational force
involved was constituted or designated by the Sec-
retary of Defense, by a commander of a combatant
command or of another force, or by a multinational
or United Nations command authority.
‘‘(E) The joint task force or multinational force
involved conducted military combat or combat-related
operations or military operations other than war in
a unified action under joint, multinational, or United
Nations command and control.
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‘‘(5) Officers for whom joint duty credit is granted
pursuant to this subsection shall not be taken into account
for the purposes of section 661(d)(1) of this title, subsections
(a)(3) and (b) of section 662 of this title, section 664(a)
of this title, or paragraph (7), (8), (9), (11), or (12) of sec-
tion 667 of this title.
‘‘(6) In the case of an officer credited with having com-
pleted a full tour of duty in a joint duty assignment pursu-
ant to this subsection, the Secretary of Defense may waive
the requirement in paragraph (1)(B) of section 661(c) of
this title that the tour of duty in a joint duty assignment
be performed after the officer completes a program of edu-
cation referred to in paragraph (1)(A) of that section.’’.
(c) INFORMATION IN ANNUAL REPORT.—Section 667
of such title is amended—
(1) by redesignating paragraph (18) as para-
graph (19); and
(2) by inserting after paragraph (17) the follow-
ing new paragraph (18):
‘‘(18) The number of officers granted credit for
service in joint duty assignments under section 664(i)
of this title and—
‘‘(A) of those officers—
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‘‘(i) the number of officers credited
with having completed a tour of duty in a
joint duty assignment; and
‘‘(ii) the number of officers granted
credit for purposes of determining cumu-
lative service in joint duty assignments;
and
‘‘(B) the identity of each operation for
which an officer has been granted credit pursu-
ant to section 664(i) of this title and a brief de-
scription of the mission of the operation.’’.
(d) GENERAL AND FLAG OFFICER EXEMPTION FROM
WAIVER LIMITS.—Section 661(c)(3)(D) of such title is
amended by inserting ‘‘, other than for general or flag offi-
cers,’’ in the third sentence after ‘‘during any fiscal year’’.
(e) LENGTH OF SECOND JOINT TOUR.—Section 664
of such title is amended—
(1) in subsection (e)(2), by inserting after sub-
paragraph (B) the following:
‘‘(C) Service described in subsection (f)(6), except
that no more than 10 percent of all joint duty assign-
ments shown on the list published pursuant to section
668(b)(2)(A) of this title may be so excluded in any
year.’’; and
(2) in subsection (f)—
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(A) by striking out ‘‘or’’ at the end of para-
graph (4);
(B) by striking out the period at the end of
paragraph (5) and inserting in lieu thereof ‘‘;
or’’; and
(C) by adding at the end the following:
‘‘(6) a second joint duty assignment that is less
than the period required under subsection (a), but not
less than 2 years, without regard to whether a waiver
was granted for such assignment under subsection
(b).’’.
SEC. 502. REVISION OF SERVICE OBLIGATION FOR GRAD-
UATES OF THE SERVICE ACADEMIES.
(a) MILITARY ACADEMY.—Section 4348(a)(2)(B) of
such title is amended by striking out ‘‘six years’’ and insert-
ing in lieu thereof ‘‘five years’’.
(b) NAVAL ACADEMY.—Section 6959(a)(2)(B) of such
title is amended by striking out ‘‘six years’’ and inserting
in lieu thereof ‘‘five years’’.
(c) AIR FORCE ACADEMY.—Section 9348(a)(2)(B) of
such title is amended by striking out ‘‘six years’’ and insert-
ing in lieu thereof ‘‘five years’’.
(d) REQUIREMENT FOR REVIEW AND REPORT.—Not
later than April 1, 1996, the Secretary of Defense shall—
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(1) review the effects that each of various periods
of obligated active duty service for graduates of the
United States Military Academy, the United States
Naval Academy, and the United States Air Force
Academy would have on the number and quality of
the eligible and qualified applicants seeking appoint-
ment to such academies; and
(2) submit to the Committee on Armed Services
of the Senate and the Committee on National Secu-
rity of the House of Representatives a report on the
Secretary’s findings together with any recommended
legislation regarding the minimum periods of obli-
gated active duty service for graduates of the United
States Military Academy, the United States Naval
Academy, and the United States Air Force Academy.
(e) EFFECTIVE DATE.—(1) The amendments made by
this section shall apply to persons who are first admitted
to military service academies after December 31, 1991.
(2) Section 511(e) of the National Defense Authoriza-
tion Act for Fiscal Years 1990 and 1991 (Public Law 101–
189; 103 Stat. 1439; 10 U.S.C. 2114 note) is amended—
(A) by striking out ‘‘amendments made by this
section’’ and inserting in lieu thereof ‘‘amendment
made by subsection (a)’’; and
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(B) by striking out ‘‘or one of the service acad-
emies’’.
SEC. 503. QUALIFICATIONS FOR APPOINTMENT AS SUR-
GEON GENERAL OF AN ARMED FORCE.
(a) SURGEON GENERAL OF THE ARMY.—Section 3036
of title 10, United States Code, is amended—
(1) in subsection (b), by inserting after the third
sentence the following: ‘‘The Surgeon General shall be
appointed as prescribed in subsection (f).’’; and
(2) by adding at the end the following new sub-
section (f):
‘‘(f) The President shall appoint the Surgeon General
from among commissioned officers in any corps of the Army
Medical Department who are educationally and profes-
sionally qualified to furnish health care to other persons,
including doctors of medicine, dentistry, and osteopathy,
nurses, and clinical psychologists.’’.
(b) SURGEON GENERAL OF THE NAVY.—Section 5137
of title 10, United States Code, is amended—
(1) in the first sentence of subsection (a), by
striking out ‘‘in the Medical Corps’’ and inserting in
lieu thereof ‘‘who are educationally and professionally
qualified to furnish health care to other persons, in-
cluding doctors of medicine, dentistry, and osteop-
athy, nurses, and clinical psychologists’’; and
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(2) in subsection (b), by striking out ‘‘in the
Medical Corps’’ and inserting in lieu thereof ‘‘who is
qualified to be the Chief of the Bureau of Medicine
and Surgery’’.
(c) SURGEON GENERAL OF THE AIR FORCE.—The
first sentence of section 8036 of title 10, United States Code,
is amended by striking out ‘‘designated as medical officers
under section 8067(a) of this title’’ and inserting in lieu
thereof ‘‘educationally and professionally qualified to fur-
nish health care to other persons, including doctors of medi-
cine, dentistry, and osteopathy, nurses, and clinical
psychologists’’.
SEC. 504. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR
FORCE.
(a) TENURE AND GRADE OF DEPUTY JUDGE ADVO-
CATE GENERAL.—Section 8037(d)(1) of such title is amend-
ed—
(1) by striking out ‘‘two years’’ in the second
sentence and inserting in lieu thereof ‘‘four years’’,
and
(2) by striking out the last sentence and insert-
ing in lieu thereof the following: ‘‘An officer ap-
pointed as Deputy Judge Advocate General who holds
a lower regular grade shall be appointed in the regu-
lar grade of major general.’’.
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(b) SAVINGS PROVISION.—The amendments made by
this section shall not apply to a person serving pursuant
to appointment in the position of Deputy Judge Advocate
General of the Air Force while such person is serving the
term for which the person was appointed to such position
before the date of the enactment of this Act and any exten-
sion of such term.
SEC. 505. RETIRING GENERAL AND FLAG OFFICERS: APPLI-
CABILITY OF UNIFORM CRITERIA AND PROCE-
DURES FOR RETIRING IN HIGHEST GRADE IN
WHICH SERVED.
(a) APPLICABILITY
OF
TIME-IN-GRADE
REQUIRE-
MENTS.—Section 1370 of title 10, United States Code, is
amended—
(1) in subsection (a)(2)(A), by striking out ‘‘and
below lieutenant general or vice admiral’’; and
(2) in the first sentence of subsection (d)(2)(B),
as added by section 1641 of the Reserve Officer Per-
sonnel Management Act (title XVI of Public Law
103–337; 108 Stat. 2968), by striking out ‘‘and below
lieutenant general or vice admiral’’.
(b) RETIREMENT IN HIGHEST GRADE UPON CERTIFI-
CATION OF SATISFACTORY SERVICE.—Section 1370(c) of
title 10, United States Code, is amended—
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(1) by striking out ‘‘Upon retirement an officer’’
and inserting in lieu thereof ‘‘An officer’’; and
(2) by striking out ‘‘may, in the discretion’’ and
all that follows and inserting in lieu thereof ‘‘may be
retired in the higher grade under subsection (a) only
after the Secretary of Defense certifies in writing to
the President and the Senate that the officer served on
active duty satisfactorily in that grade. The 3-year
time-in-grade requirement in paragraph (2)(A) of
subsection (a) may not be reduced or waived under
such subsection in the case of such an officer while the
officer is under investigation for alleged misconduct
or while disposition of an adverse personnel action is
pending against the officer for alleged misconduct.’’.
(c) CONFORMING AMENDMENTS.—Sections 3962(a),
5034, and 8962(a) of title 10, United States Code, are re-
pealed.
(d) TECHNICAL
AND CLERICAL AMENDMENTS.—(1)
Sections 3962(b) and 8962(b) of such title are amended by
striking out ‘‘(b) Upon’’ and inserting in lieu thereof
‘‘Upon’’.
(2) The table of sections at the beginning of chapter
505 of such title is amended by striking out the item relat-
ing to section 5034.
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(e) EFFECTIVE DATE FOR AMENDMENTS TO PROVI-
SION TAKING EFFECT IN 1996.—The amendment made by
subsection (a)(2) shall take effect on October 1, 1996, imme-
diately after subsection (d) of section 1370 of title 10, Unit-
ed States Code, takes effect under section 1691(b)(1) of the
Reserve Officer Personnel Management Act (108 Stat.
3026).
SEC. 506. EXTENSION OF CERTAIN RESERVE OFFICER MAN-
AGEMENT AUTHORITIES.
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN
RESERVE
MEDICAL
OFFICERS.—Section 3359(b) and
8359(b) of title 10, United States Code, are each amended
by striking out ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
(b) PROMOTION AUTHORITY FOR CERTAIN RESERVE
OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)
and 8380(d) of title 10, United States Code, are each
amended by striking out ‘‘September 30, 1995’’ and insert-
ing in lieu thereof ‘‘September 30, 1996’’.
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER
TO THE RETIRED RESERVE.—Section 1016(d) of the De-
partment of Defense Authorization Act, 1984 (10 U.S.C.
3360) is amended by striking out ‘‘September 30, 1995’’
and inserting in lieu thereof ‘‘September 30, 1996’’.
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SEC. 507. RESTRICTIONS ON WEARING INSIGNIA FOR HIGH-
ER GRADE BEFORE PROMOTION.
(a) ACTIVE-DUTY LIST.—(1) Subchapter II of chapter
36 of title 10, United States Code, is amended by inserting
after section 624 the following:
‘‘§ 624a. Restrictions on frocking
‘‘(a) RESTRICTIONS.—An officer may not be frocked
to a grade unless—
‘‘(1) the Senate has confirmed by advice and
consent a nomination of the officer for promotion to
that grade; and
‘‘(2) the officer is serving in, or has been ordered
to, a position for which that grade is authorized.
‘‘(b) BENEFITS NOT TO ACCRUE.—(1) An officer
frocked to a grade may not, on the basis of the frocking—
‘‘(A) be paid the rate of pay provided for an offi-
cer in that grade having the same number of years of
service as the frocked officer; or
‘‘(B) assume any legal authority associated with
that grade.
‘‘(2) The period for which an officer is frocked to a
grade may not be taken into account for any of the follow-
ing purposes:
‘‘(A) Seniority in that grade.
‘‘(B) Time of service in that grade.
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‘‘(c) NUMBERS
OF
ACTIVE-DUTY
LIST
OFFICERS
FROCKED TO GRADE O–7.—The number of officers on the
active-duty list who are authorized by frocking to wear the
insignia for the grade of brigadier general or, in the Navy,
rear admiral (lower half) may not exceed 35.
‘‘(d) NUMBERS
OF ACTIVE-DUTY LIST OFFICERS
FROCKED TO GRADES O–4, O–5, AND O–6.—The number
of officers of an armed force on the active-duty list who are
authorized by frocking to wear the insignia for a grade to
which a limitation on total number applies under section
523(a) of this title for a fiscal year may not exceed one
percent of the total number provided for the officers in that
grade in that armed force in the administration of the limi-
tation under such section 523(a) for such fiscal year.
‘‘(e) DEFINITION.—In this section, the term ‘frock’,
with respect to an officer, means to authorize the officer to
wear the insignia of a higher grade before being promoted
to that grade.’’.
(2) The table of sections at the beginning of subchapter
II of chapter 36 of such title is amended by inserting after
the item relating to section 624 the following:
‘‘624a. Restrictions on frocking.’’.
(b) TEMPORARY VARIATION OF LIMITATIONS ON NUM-
BERS OF FROCKED OFFICERS.—(1) In the administration
of section 624a(c) of title 10, United States Code (as added
by subsection (a)), for fiscal years 1996 and 1997, the maxi-
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mum number applicable to officers on the active-duty list
who are authorized by frocking to wear the insignia for the
grade of brigadier general or, in the Navy, rear admiral
(lower half) is as follows:
(A) During fiscal year 1996, 75 officers.
(B) During fiscal year 1997, 55 officers.
(2) In the administration of section 624a(d) of title
10, United States Code (as added by subsection (a)), for
fiscal year 1996, the percent limitation applied under that
section shall be two percent instead of one percent.
(c) DEFINITION.—In this section, the term ‘frock’, with
respect to an officer, means to authorize the officer to wear
the insignia of a higher grade before being promoted to that
grade.
SEC. 508. DIRECTOR OF ADMISSIONS, UNITED STATES MILI-
TARY ACADEMY: RETIREMENT FOR YEARS OF
SERVICE.
(a) AUTHORITY TO DIRECT RETIREMENT.—Section
3920 of title 10, United States Code, is amended to read
as follows:
‘‘§ 3920. More than thirty years: permanent professors
and the Director of Admissions of United
States Military Academy
‘‘(a) AUTHORITY TO DIRECT RETIREMENT.—The Sec-
retary of the Army may retire any of the personnel of the
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United States Military Academy described in subsection (b)
who has more than 30 years of service as a commissioned
officer.
‘‘(b) APPLICABILITY.—The authority under subsection
(a) may be exercised in the case of the following personnel:
‘‘(1) A permanent professor.
‘‘(2) The Director of Admissions.’’.
(b) CLERICAL AMENDMENT.—The item relating to
such section in the table of sections at the beginning of chap-
ter 367 of such title is amended to read as follows:
‘‘3920. More than thirty years: permanent professors and the Director of Admis-
sions of United States Military Academy.’’.
Subtitle B—Matters Relating to
Reserve Components
SEC. 511. MOBILIZATION INCOME INSURANCE PROGRAM
FOR MEMBERS OF READY RESERVE.
(a) ESTABLISHMENT OF PROGRAM.—(1) Subtitle E of
title 10, United States Code, is amended by inserting after
chapter 1213 the following new chapter:
‘‘CHAPTER 1214—READY RESERVE INCOME
INSURANCE
‘‘Sec.
‘‘12521. Definitions.
‘‘12522. Establishment of insurance program.
‘‘12523. Risk insured.
‘‘12524. Enrollment and election of benefits.
‘‘12525. Benefit amounts.
‘‘12526. Premiums.
‘‘12527. Payment of premiums.
‘‘12528. Department of Defense Ready Reserve Income Insurance Fund.
‘‘12529. Board of Actuaries.
‘‘12530. Payment of benefits.
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covered service that exceeds 30 days of covered service, ex-
cept that no member may be paid under the insurance pro-
gram for more than 12 months of covered service served dur-
ing any period of 18 consecutive months.
‘‘(2) Payment shall be based solely on the insured sta-
tus of a member and on the period of covered service served
by the member. Proof of loss of income or of expenses in-
curred as a result of covered service may not be required.
‘‘§ 12524. Enrollment and election of benefits
‘‘(a) ENROLLMENT.—(1) Except as provided in sub-
section (f), upon first becoming a member of the Ready Re-
serve, a member shall be automatically enrolled for coverage
under the insurance program. An automatic enrollment of
a member shall be void if within 30 days after first becom-
ing a member of the Ready Reserve the member declines
insurance under the program in accordance with the regu-
lations prescribed by the Secretary.
‘‘(2) Promptly after the insurance program is estab-
lished, the Secretary shall offer to members of the reserve
components who are then members of the Ready Reserve
(other than members ineligible under subsection (f)) an op-
portunity to enroll for coverage under the insurance pro-
gram. A member who fails to enroll within 30 days after
being offered the opportunity shall be considered as having
declined to be insured under the program.
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‘‘(3) A member of the Ready Reserve ineligible to enroll
under subsection (f) shall be afforded an opportunity to en-
roll upon being released from active duty if the member has
not previously had the opportunity to be enrolled under
paragraph (1) or (2). A member who fails to enroll within
30 days after being afforded that opportunity shall be con-
sidered as having declined to be insured under the program.
‘‘(b) ELECTION OF BENEFIT AMOUNT.—The amount of
a member’s monthly benefit under an enrollment shall be
the basic benefit under subsection (a) of section 12525 of
this title unless the member elects a different benefit under
subsection (b) of such section within 30 days after first be-
coming a member of the Ready Reserve or within 30 days
after being offered the opportunity to enroll, as the case may
be.
‘‘(c) ELECTIONS IRREVOCABLE.—(1) An election to de-
cline insurance pursuant to paragraph (1) or (2) of sub-
section (a) is irrevocable.
‘‘(2) Subject to subsection (d), the amount of coverage
may not be changed after enrollment.
‘‘(d) ELECTION TO TERMINATE.—A member may ter-
minate an enrollment at any time.
‘‘(e) INFORMATION TO BE FURNISHED.—The Sec-
retary shall ensure that members referred to in subsection
(a) are given a written explanation of the insurance pro-
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gram and are advised that they have the right to decline
to be insured and, if not declined, to elect coverage for a
reduced benefit or an enhanced benefit under subsection (b).
‘‘(f) MEMBERS INELIGIBLE TO ENROLL.—Members of
the Ready Reserve serving on active duty (or full-time Na-
tional Guard duty) are not eligible to enroll for coverage
under the insurance program. The Secretary may define
any additional category of members of the Ready Reserve
to be excluded from eligibility to purchase insurance under
this chapter.
‘‘§ 12525. Benefit amounts
‘‘(a) BASIC BENEFIT.—The basic benefit for an in-
sured member under the insurance program is $1,000 per
month (as adjusted under subsection (d)).
‘‘(b) REDUCED AND ENHANCED BENEFITS.—Under
the regulations prescribed by the Secretary, a person en-
rolled for coverage under the insurance program may
elect—
‘‘(1) a reduced coverage benefit equal to one-half
the amount of the basic benefit; or
‘‘(2) an enhanced benefit in the amount of
$1,500, $2,000, $2,500, $3,000, $3,500, $4,000,
$4,500, or $5,000 per month (as adjusted under sub-
section (d)).
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‘‘(c) AMOUNT FOR PARTIAL MONTH.—The amount of
insurance payable to an insured member for any period
of covered service that is less than one month shall be deter-
mined by multiplying 1⁄30 of the monthly benefit rate for
the member by the number of days of the covered service
served by the member during such period.
‘‘(d) ADJUSTMENT OF AMOUNTS.—(1) The Secretary
shall determine annually the effect of inflation on benefits
and shall adjust the amounts set forth in subsections (a)
and (b)(2) to maintain the constant dollar value of the bene-
fit.
‘‘(2) If the amount of a benefit as adjusted under para-
graph (1) is not evenly divisible by $10, the amount shall
be rounded to the nearest multiple of $10, except that an
amount evenly divisible by $5 but not by $10 shall be
rounded to the next lower amount that is evenly divisible
by $10.
‘‘§ 12526. Premiums
‘‘(a) ESTABLISHMENT OF RATES.—(1) The Secretary,
in consultation with the Board of Actuaries, shall prescribe
the premium rates for insurance under the insurance pro-
gram.
‘‘(2) The Secretary shall prescribe a fixed premium
rate for each $1,000 of monthly insurance benefit. The pre-
mium amount shall be equal to the share of the cost attrib-
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utable to insuring the member and shall be the same for
all members of the Ready Reserve who are insured under
the insurance program for the same benefit amount. The
Secretary shall prescribe the rate on the basis of the best
available estimate of risk and financial exposure, levels of
subscription by members, and other relevant factors.
‘‘(b) LEVEL PREMIUMS.—The premium rate pre-
scribed for the first year of insurance coverage of an insured
member shall be continued without change for subsequent
years of insurance coverage, except that the Secretary, after
consultation with the Board of Actuaries, may adjust the
premium rate in order to fund inflation-adjusted benefit in-
creases on an actuarially sound basis.
‘‘§ 12527. Payment of premiums
‘‘(a) METHODS OF PAYMENT.—(1) The monthly pre-
mium for coverage of a member under the insurance pro-
gram shall be deducted and withheld from the insured mem-
ber’s basic pay for inactive duty training each month.
‘‘(2) An insured member who does not receive pay on
a monthly basis shall pay the Secretary directly the pre-
mium amount applicable for the level of benefits for which
the member is insured.
‘‘(b) ADVANCE PAY FOR PREMIUM.—The Secretary
concerned may advance to an insured member the amount
equal to the first insurance premium payment due under
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this chapter. The advance may be paid out of appropria-
tions for military pay. An advance to a member shall be
collected from the member either by deducting and withhold-
ing the amount from basic pay payable for the member or
by collecting it from the member directly. No disbursing or
certifying officer shall be responsible for any loss resulting
from an advance under this subsection.
‘‘(c) PREMIUMS TO BE DEPOSITED IN FUND.—Pre-
mium amounts deducted and withheld from the basic pay
of insured members and premium amounts paid directly
to the Secretary shall be credited to the Fund.
‘‘§ 12528. Department of Defense Ready Reserve In-
come Insurance Fund
‘‘(a) ESTABLISHMENT.—There is established on the
books of the Treasury a fund to be known as the ‘Depart-
ment of Defense Ready Reserve Income Insurance Fund’,
which shall be administered by the Secretary of the Treas-
ury. The Fund shall be used for the accumulation of funds
in order to finance the liabilities of the insurance program
on an actuarially sound basis.
‘‘(b) ASSETS OF FUND.—There shall be deposited into
the Fund the following:
‘‘(1) Premiums paid under section 12527 of this
title.
‘‘(2) Any amount appropriated to the Fund.
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‘‘(3) Any return on investment of the assets of
the Fund.
‘‘(c) AVAILABILITY.—Amounts in the Fund shall be
available for paying insurance benefits under the insurance
program.
‘‘(d) INVESTMENT OF ASSETS OF FUND.—The Sec-
retary of the Treasury shall invest such portion of the Fund
as is not in the judgment of the Secretary of Defense re-
quired to meet current liabilities. Such investments shall
be in public debt securities with maturities suitable to the
needs of the Fund, as determined by the Secretary of De-
fense, and bearing interest at rates determined by the Sec-
retary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the
United States of comparable maturities. The income on
such investments shall be credited to the Fund.
‘‘(e) ANNUAL ACCOUNTING.—At the beginning of each
fiscal year, the Secretary, in consultation with the Board
of Actuaries and the Secretary of the Treasury, shall deter-
mine the following:
‘‘(1) The projected amount of the premiums to be
collected, investment earnings to be received, and any
transfers or appropriations to be made for the Fund
for that fiscal year.
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shall determine a premium rate methodology, and rec-
ommend to the Secretary a premium schedule, for the liq-
uidation of any liability (or actuarial gain to the Fund)
resulting from such change and any previous such changes
so that the present value of the sum of the scheduled pre-
mium payments (or reduction in payments that would oth-
erwise be made) equals the cumulative increase (or decrease)
in the present value of such benefits.
‘‘(d) ACTUARIAL GAINS OR LOSSES.—If at the time
of any such valuation the Board of Actuaries determines
that there has been an actuarial gain or loss to the Fund
as a result of changes in actuarial assumptions since the
last valuation or as a result of any differences, between ac-
tual and expected experience since the last valuation, the
Board shall recommend to the Secretary a premium rate
schedule for the amortization of the cumulative gain or loss
to the Fund resulting from such changes in assumptions
and any previous such changes in assumptions or from the
differences in actual and expected experience, respectively,
through an increase or decrease in the payments that would
otherwise be made to the Fund.
‘‘(e) INSUFFICIENT ASSETS.—If at any time liabilities
of the Fund exceed assets of the Fund as a result of members
of the Ready Reserve being ordered to active duty as de-
scribed in section 12521(2) of this title, and funds are un-
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available to pay benefits completely, the Secretary shall re-
quest the President to submit to Congress a request for a
special appropriation to cover the unfunded liability. If ap-
propriations are not made to cover an unfunded liability
in any fiscal year, the Secretary shall reduce the amount
of the benefits paid under the insurance program to a total
amount that does not exceed the assets of the Fund expected
to accrue by the end of such fiscal year. Benefits that cannot
be paid because of such a reduction shall be deferred and
may be paid only after and to the extent that additional
funds become available.
‘‘(f) DEFINITION OF PRESENT VALUE.—The Board of
Actuaries shall define the term ‘present value’ for purposes
of this subsection.
‘‘§ 12530. Payment of benefits
‘‘(a) COMMENCEMENT
OF
PAYMENT.—An insured
member who serves in excess of 30 days of covered service
shall be paid the amount to which such member is entitled
on a monthly basis beginning not later than one month
after the 30th day of covered service.
‘‘(b) METHOD OF PAYMENT.—The Secretary shall pre-
scribe in the regulations the manner in which payments
shall be made to the member or to a person designated in
accordance with subsection (c).
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‘‘(c) DESIGNATED RECIPIENTS.—(1) A member may
designate in writing another person (including a spouse,
parent, or other person with an insurable interest, as deter-
mined in accordance with the regulations prescribed by the
Secretary) to receive payments of insurance benefits under
the insurance program.
‘‘(2) A member may direct that payments of insurance
benefits for a person designated under paragraph (1) be de-
posited with a bank or other financial institution to the
credit of the designated person.
‘‘(d) RECIPIENTS IN EVENT OF DEATH OF INSURED
MEMBER.—Any insurance payable under the insurance
program on account of a deceased member’s period of cov-
ered service shall be paid, upon the establishment of a valid
claim, to the beneficiary or beneficiaries which the deceased
member designated in writing. If no such designation has
been made, the amount shall be payable in accordance with
the laws of the State of the member’s domicile.
‘‘§ 12531. Purchase of insurance
‘‘(a) PURCHASE AUTHORIZED.—The Secretary may,
instead of or in addition to underwriting the insurance pro-
gram through the Fund, purchase from one or more insur-
ance companies a policy or policies of group insurance in
order to provide the benefits required under this chapter.
The Secretary may waive any requirement for full and open
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competition in order to purchase an insurance policy under
this subsection.
‘‘(b) ELIGIBLE INSURERS.—In order to be eligible to
sell insurance to the Secretary for purposes of subsection
(a), an insurance company shall—
‘‘(1) be licensed to issue insurance in each of the
50 States and in the District of Columbia; and
‘‘(2) as of the most recent December 31 for which
information is available to the Secretary, have in ef-
fect at least one percent of the total amount of insur-
ance that all such insurance companies have in effect
in the United States.
‘‘(c) ADMINISTRATIVE PROVISIONS.—(1) An insurance
company that issues a policy for purposes of subsection (a)
shall establish an administrative office at a place and under
a name designated by the Secretary.
‘‘(2) For the purposes of carrying out this chapter, the
Secretary may use the facilities and services of any insur-
ance company issuing any policy for purposes of subsection
(a), may designate one such company as the representative
of the other companies for such purposes, and may contract
to pay a reasonable fee to the designated company for its
services.
‘‘(d) REINSURANCE.—The Secretary shall arrange
with each insurance company issuing any policy for pur-
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poses of subsection (a) to reinsure, under conditions ap-
proved by the Secretary, portions of the total amount of
the insurance under such policy or policies with such other
insurance companies (which meet qualifying criteria pre-
scribed by the Secretary) as may elect to participate in such
reinsurance.
‘‘(e) TERMINATION.—The Secretary may at any time
terminate any policy purchased under this section.
‘‘§ 12532. Termination for nonpayment of premiums;
forfeiture
‘‘(a) TERMINATION FOR NONPAYMENT.—The coverage
of a member under the insurance program shall terminate
without prior notice upon a failure of the member to make
required monthly payments of premiums for two consecu-
tive months. The Secretary may provide in the regulations
for reinstatement of insurance coverage terminated under
this subsection.
‘‘(b) FORFEITURE.—Any person convicted of mutiny,
treason, spying, or desertion, or who refuses to perform serv-
ice in the armed forces or refuses to wear the uniform of
any of the armed forces shall forfeit all rights to insurance
under this chapter.’’.
(2) The tables of chapters at the beginning of subtitle
E, and at the beginning of part II of subtitle E, of title
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10, United States Code, are amended by inserting after the
item relating to chapter 1213 the following new item:
‘‘1214. Ready Reserve Income Insurance ....................................................... 12521’’.
(b) EFFECTIVE DATE.—The insurance program pro-
vided for in chapter 1214 of title 10, United States Code,
as added by subsection (a), and the requirement for deduc-
tions and contributions for that program shall take effect
on September 30, 1996, or on any earlier date declared by
the Secretary and published in the Federal Register.
SEC. 512. ELIGIBILITY OF DENTISTS TO RECEIVE ASSIST-
ANCE UNDER THE FINANCIAL ASSISTANCE
PROGRAM 
FOR 
HEALTH 
CARE 
PROFES-
SIONALS IN RESERVE COMPONENTS.
Section 16201(b) of title 10, United States Code, is
amended—
(1) by striking out ‘‘(b) PHYSICIANS IN CRITICAL
SPECIALTIES.—’’ and inserting in lieu thereof ‘‘(b)
PHYSICIANS
AND DENTISTS
IN CRITICAL SPECIAL-
TIES.—’’;
(2) in paragraph (1)—
(A) by inserting ‘‘or dental school’’ in sub-
paragraph (A) after ‘‘medical school’’;
(B) by inserting ‘‘or as a dental officer’’ in
subparagraph (B) after ‘‘medical officer’’; and
(C) by striking out ‘‘physicians in a medi-
cal specialty designated’’ and inserting in lieu
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thereof ‘‘physicians or dentists in a medical spe-
cialty or dental specialty, respectively, that is
designated’’; and
(3) in paragraph (2)(B), by inserting ‘‘or dental
officer’’ after ‘‘medical officer’’.
SEC. 513. LEAVE FOR MEMBERS OF RESERVE COMPONENTS
PERFORMING PUBLIC SAFETY DUTY.
(a) ELECTION OF LEAVE TO BE CHARGED.—Sub-
section (b) of section 6323 of title 5, United States Code,
is amended by adding at the end the following: ‘‘Upon the
request of an employee, the period for which an employee
is absent to perform service described in paragraph (2) may
be charged to the employee’s accrued annual leave or to com-
pensatory time available to the employee instead of being
charged as leave to which the employee is entitled under
this subsection. The period of absence may not be charged
to sick leave.’’.
(b) PAY FOR PERIOD OF ABSENCE.—Section 5519 of
such title is amended by striking out ‘‘entitled to leave’’ and
inserting in lieu thereof ‘‘granted military leave’’.
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Subtitle C—Uniform Code of
Military Justice
SEC. 521. REFERENCES TO UNIFORM CODE OF MILITARY
JUSTICE.
Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section
or other provision of chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).
SEC. 522. DEFINITIONS.
Section 801 (article 1) is amended by inserting after
paragraph (14) the following new paragraphs:
‘‘(15) The term ‘classified information’ means
any information or material that has been deter-
mined by an official of the United States pursuant to
law, an Executive order, or regulation to require pro-
tection against unauthorized disclosure for reasons of
national security, and any restricted data, as defined
in section 11(y) of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
‘‘(16) The term ‘national security’ means the na-
tional defense and foreign relations of the United
States.’’.
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SEC. 523. ARTICLE 32 INVESTIGATIONS.
Section 832 (article 32) is amended—
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) If evidence adduced in an investigation under this
article indicates that the accused committed an uncharged
offense, the investigating officer is authorized to investigate
the subject matter of such offense without the accused having
first been charged with the offense. If the accused was
present at such investigation, was informed of the nature
of each uncharged offense investigated, and was afforded the
opportunities for representation, cross-examination, and
presentation prescribed in subsection (b), no further inves-
tigation of such offense or offenses is necessary under this
article.’’.
SEC. 524. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended—
(1) by inserting ‘‘indictment or’’ in the first sen-
tence after ‘‘shall be tried on’’; and
(2) in the second sentence, by striking out ‘‘shall
be’’ and all that follows and inserting in lieu thereof
‘‘shall be fined or imprisoned, or both, at the court’s
discretion.’’.
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SEC. 525. COMMITMENT OF ACCUSED TO TREATMENT FA-
CILITY BY REASON OF LACK OF MENTAL CA-
PACITY OR MENTAL RESPONSIBILITY.
(a) APPLICABLE PROCEDURES.—(1) Chapter 47 is
amended by inserting after section 850a (article 50a) the
following:
‘‘§ 850b. Art. 50b. Lack of mental capacity or mental
responsibility: commitment of accused for
examination and treatment
‘‘(a) PERSONS INCOMPETENT TO STAND TRIAL.—(1)
In the case of a person determined under this chapter to
be presently suffering from a mental disease or defect ren-
dering the person mentally incompetent to the extent that
the person is unable to understand the nature of the pro-
ceedings against that person or to conduct or cooperate in-
telligently in the defense of the case, the general court-mar-
tial convening authority for that person shall commit the
person to the custody of the Attorney General.
‘‘(2) The Attorney General shall take action in accord-
ance with section 4241(d) of title 18.
‘‘(3) If at the end of the period for hospitalization pro-
vided for in section 4241(d) of title 18, it is determined
that the committed person’s mental condition has not so im-
proved as to permit the trial to proceed, action shall be
taken in accordance with section 4246 of such title.
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‘‘(4)(A) When the director of a facility in which a per-
son is hospitalized pursuant to paragraph (2) determines
that the person has recovered to such an extent that the per-
son is able to understand the nature of the proceedings
against the person and to conduct or cooperate intelligently
in the defense of the case, the director shall promptly trans-
mit a notification of that determination to the Attorney
General and to the general court-martial convening author-
ity for the person. The director shall send a copy of the
notification to the person’s counsel.
‘‘(B) Upon receipt of a notification, the general court-
martial convening authority shall promptly take custody
of the person unless the person covered by the notification
is no longer subject to this chapter. If the person is no longer
subject to this chapter, the Attorney General shall take any
action within the authority of the Attorney General that
the Attorney General considers appropriate regarding the
person.
‘‘(C) The director of the facility may retain custody
of the person for not more than 30 days after transmitting
the notifications required by subparagraph (A).
‘‘(5) In the application of section 4246 of title 18 to
a case under this subsection, references to the court that or-
dered the commitment of a person, and to the clerk of such
court, shall be deemed to refer to the general court-martial
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convening authority for that person. However, if the person
is no longer subject to this chapter at a time relevant to
the application of such section to the person, the United
States district court for the district where the person is hos-
pitalized or otherwise may be found shall be considered as
the court that ordered the commitment of the person.
‘‘(b) PERSONS FOUND NOT GUILTY BY REASON OF
LACK OF MENTAL RESPONSIBILITY.—(1) If a person is
found by a court-martial not guilty only by reason of lack
of mental responsibility, the person shall be committed to
a suitable facility until the person is eligible for release in
accordance with this section.
‘‘(2) The court-martial shall conduct a hearing on the
mental condition in accordance with subsection (c) of sec-
tion 4243 of title 18. Subsections (b) and (d) of that section
shall apply with respect to the hearing.
‘‘(3) A report of the results of the hearing shall be made
to the general court-martial convening authority for the
person.
‘‘(4) If the court-martial fails to find by the standard
specified in subsection (d) of section 4243 of title 18 that
the person’s release would not create a substantial risk of
bodily injury to another person or serious damage of prop-
erty of another due to a present mental disease or defect—
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‘‘(A) the general court-martial convening author-
ity may commit the person to the custody of the At-
torney General; and
‘‘(B) the Attorney General shall take action in
accordance with subsection (e) of section 4243 of title
18.
‘‘(5) Subsections (f), (g), and (h) of section 4243 of
title 18 shall apply in the case of a person hospitalized pur-
suant to paragraph (4)(B), except that the United States
district court for the district where the person is hospital-
ized shall be considered as the court that ordered the per-
son’s commitment.
‘‘(c) GENERAL PROVISIONS.—(1) Except as otherwise
provided in this subsection and subsection (d)(1), the provi-
sions of section 4247 of title 18 apply in the administration
of this section.
‘‘(2) In the application of section 4247(d) of title 18
to hearings conducted by a court-martial under this section
or by (or by order of) a general court-martial convening
authority under this section, the reference in that section
to section 3006A of such title does not apply.
‘‘(d) APPLICABILITY.—(1) The provisions of chapter
313 of title 18 referred to in this section apply according
to the provisions of this section notwithstanding section
4247(j) of title 18.
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‘‘(2) If the status of a person as described in section
802 of this title (article 2) terminates while the person is,
pursuant to this section, in the custody of the Attorney Gen-
eral, hospitalized, or on conditional release under a pre-
scribed regimen of medical, psychiatric, or psychological
care or treatment, the provisions of this section establishing
requirements and procedures regarding a person no longer
subject to this chapter shall continue to apply to that person
notwithstanding the change of status.’’.
(2) The table of sections at the beginning of subchapter
VII of such chapter is amended by inserting after the item
relating to section 850a (article 50a) the following:
‘‘850b. 50b. Lack of mental capacity or mental responsibility: commitment of ac-
cused for examination and treatment.’’.
(b) CONFORMING AMENDMENT.—Section 802 of title
10, United States Code (article 2 of the Uniform Code of
Military Justice), is amended by adding at the end the fol-
lowing:
‘‘(e) The provisions of this section are subject to section
850b(d)(2) of this title (article 50b(d)(2)).’’.
(c) EFFECTIVE DATE.—Section 850b of title 10, Unit-
ed States Code (article 50b of the Uniform Code of Military
Justice), as added by subsection (a), shall take effect 180
days after the date of the enactment of this Act and shall
apply with respect to charges referred to courts-martial on
or after that effective date.
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SEC. 526. FORFEITURE OF PAY AND ALLOWANCES AND RE-
DUCTION IN GRADE.
(a) EFFECTIVE DATE
OF PUNISHMENTS.—Section
857(a) (article 57(a)) is amended to read as follows:
‘‘(a)(1) Any forfeiture of pay, forfeiture of allowances,
or reduction in grade included in a sentence of a court-
martial takes effect on the earlier of—
‘‘(A) the date that is 14 days after the date on
which the sentence is adjudged; or
‘‘(B) the date on which the sentence is approved
by the convening authority.
‘‘(2) On application by an accused, the convening au-
thority may defer any forfeiture of pay, forfeiture of allow-
ances, or reduction in grade that would otherwise become
effective under paragraph (1)(A) until the date on which
the sentence is approved by the convening authority. The
deferment may be rescinded at any time by the convening
authority.
‘‘(3) A forfeiture of pay or allowances shall be collected
from pay accruing on and after the date on which the sen-
tence takes effect under paragraph (1). Periods during
which a sentence to forfeiture of pay or forfeiture of allow-
ances is suspended or deferred shall be excluded in comput-
ing the duration of the forfeiture.
‘‘(4) In this subsection, the term ‘convening authority’,
with respect to a sentence of a court-martial, means any
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person authorized to act on the sentence under section 860
of this title (article 60).’’.
(b) EFFECT OF PUNITIVE SEPARATION OR CONFINE-
MENT FOR ONE YEAR OR MORE.—(1) Subchapter VIII is
amended by inserting after section 858a (article 58a) the
following new section (article):
‘‘§ 858b. Art. 58b. Sentences: forfeiture of pay and al-
lowances
‘‘(a) A sentence adjudged by a court-martial that in-
cludes confinement for one year or more, death, dishonor-
able discharge, bad-conduct discharge, or dismissal shall re-
sult in the forfeiture of all pay and allowances due that
member during any period of confinement or parole. The
forfeiture required by this section shall take effect on the
date determined under section 857(a) of this title (article
57(a)) and may be deferred in accordance with that section.
‘‘(b) In a case involving an accused who has depend-
ents, the convening authority or other person acting under
section 860 of this title (article 60) may waive any or all
of the forfeitures of pay and allowances required by sub-
section (a) for a period not to exceed six months. Any
amount of pay or allowances that, except for a waiver under
this subsection, would be forfeited shall be paid, as the con-
vening authority or other person taking action directs, to
the dependents of the accused.
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‘‘(c) If the sentence of a member who forfeits pay and
allowances under subsection (a) is set aside or disapproved
or, as finally approved, does not provide for a punishment
referred to in subsection (a), the member shall be paid the
pay and allowances which the member would have been
paid, except for the forfeiture, for the period during which
the forfeiture was in effect.’’.
(2) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter VIII of such chapter is amended
by adding at the end the following new item:
‘‘858b. 58b. Sentences: forfeiture of pay and allowances.’’.
(c) APPLICABILITY.—The amendments made by this
section shall apply to a case in which a sentence is adjudged
by a court-martial on or after the first day of the first
month that begins at least 30 days after the date of the
enactment of this Act.
SEC. 527. DEFERMENT OF CONFINEMENT.
Section 857 (article 57) is amended by striking out
subsection (e) and inserting in lieu thereof the following:
‘‘(e)(1) When an accused in the custody of a State or
foreign country is returned temporarily to military au-
thorities for trial by court-martial and is later returned to
that State or foreign country under the authority of a mu-
tual agreement or treaty, the convening authority of the
court-martial may defer the service of the sentence to con-
finement without the consent of the accused. The deferment
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shall terminate when the accused is released permanently
to military authorities by the State or foreign country hav-
ing custody of the accused.
‘‘(2) In this subsection, the term ‘State’ includes the
District of Columbia and any commonwealth, territory, or
possession of the United States.
‘‘(f) While a review of a case under section 867(a)(2)
of this title (article 67(a)(2)) is pending, the Secretary con-
cerned or, when designated by the Secretary, an Under Sec-
retary, an Assistant Secretary, the Judge Advocate General,
or a commanding officer may defer further service of a sen-
tence to confinement which has been ordered executed in
such case.’’.
SEC. 528. SUBMISSION OF MATTERS TO THE CONVENING
AUTHORITY FOR CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) is amended by in-
serting after the first sentence the following: ‘‘Any such sub-
mission shall be in writing.’’.
SEC. 529. PROCEEDINGS IN REVISION.
Section 860(e)(2) (article 60(e)(2)) is amended by
striking out the first sentence and inserting in lieu thereof
the following: ‘‘A proceeding in revision may be ordered be-
fore authentication of the record of trial in order to correct
a clerical mistake in a judgment, order, or other part of
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the record or any error in the record arising from oversight
or omission.’’.
SEC. 530. APPEAL BY THE UNITED STATES.
Section 862(a)(1) (article 62(a)(1)) is amended to read
as follows:
‘‘(a)(1)(A) In a trial by court-martial in which a mili-
tary judge presides and in which a punitive discharge may
be adjudged, the United States may appeal the following:
‘‘(i) An order or ruling of the military judge
which terminates the proceedings with respect to a
charge or specification.
‘‘(ii) An order or ruling which excludes evidence
that is substantial proof of a fact material in the pro-
ceeding.
‘‘(iii) An order or ruling which directs the dis-
closure of classified information.
‘‘(iv) An order or ruling which imposes sanctions
for nondisclosure of classified information.
‘‘(v) A refusal of the military judge to issue a
protective order sought by the United States to pre-
vent the disclosure of classified information.
‘‘(vi) A refusal by the military judge to enforce
an order described in clause (v) that has previously
been issued by appropriate authority.
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‘‘(B) The United States may not appeal an order or
ruling that is or that amounts to, a finding of not guilty
with respect to the charge or specification.’’.
SEC. 531. FLIGHT FROM APPREHENSION.
(a) IN GENERAL.—Section 895 (article 95) is amended
to read as follows:
‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,
and escape
‘‘Any person subject to this chapter who—
‘‘(1) resists apprehension;
‘‘(2) flees from apprehension;
‘‘(3) breaks arrest; or
‘‘(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.’’.
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 895 (article 95) in the table of sections at the beginning
of subchapter X is amended to read as follows:
‘‘895. Art. 95. Resistance, flight, breach of arrest, and escape.’’.
SEC. 532. CARNAL KNOWLEDGE.
(a) GENDER NEUTRALITY.—Subsection (b) of section
920 (article 120) is amended to read as follows:
‘‘(b) Any person subject to this chapter who, under cir-
cumstances not amounting to rape, commits an act of sex-
ual intercourse with a person—
‘‘(1) who is not that person’s spouse; and
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‘‘(2) who has not attained the age of sixteen
years;
is guilty of carnal knowledge and shall be punished as a
court-martial may direct.’’.
(b) MISTAKE OF FACT.—Such section (article) is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(d)(1) In a prosecution under subsection (b), it is an
affirmative defense that—
‘‘(A) the person with whom the accused commit-
ted the act of sexual intercourse had at the time of the
alleged offense attained the age of twelve years; and
‘‘(B) the accused reasonably believed that that
person had at the time of the alleged offense attained
the age of sixteen years.
‘‘(2) The accused has the burden of proving a defense
under paragraph (1) by a preponderance of the evidence.’’.
SEC. 533. TIME AFTER ACCESSION FOR INITIAL INSTRUC-
TION IN THE UNIFORM CODE OF MILITARY
JUSTICE.
Section 937(a)(1) (article 137(a)(1)) is amended by
striking out ‘‘within six days’’ and inserting in lieu thereof
‘‘within fourteen days’’.
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SEC. 534. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking
out ‘‘Courts of Military Review’’ both places it appears and
inserting in lieu thereof ‘‘Courts of Criminal Appeals’’.
SEC. 535. PERMANENT AUTHORITY CONCERNING TEM-
PORARY VACANCIES ON THE COURT OF AP-
PEALS FOR THE ARMED FORCES.
Section 1301 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–189;
103 Stat. 1569; 10 U.S.C. 942 note) is amended by striking
out subsection (i).
SEC. 536. ADVISORY PANEL ON UCMJ JURISDICTION OVER
CIVILIANS 
ACCOMPANYING 
THE 
ARMED
FORCES IN TIME OF ARMED CONFLICT.
(a) ESTABLISHMENT.—Not later than December 15,
1996, the Secretary of Defense and the Attorney General
shall jointly establish an advisory panel to review and make
recommendations on jurisdiction over civilians accompany-
ing the Armed Forces in time of armed conflict.
(b) MEMBERSHIP.—The panel shall be composed of at
least 5 individuals, including experts in military law,
international law, and federal civilian criminal law. In
making appointments to the panel, the Secretary and the
Attorney General shall ensure that the members of the panel
reflect diverse experiences in the conduct of prosecution and
defense functions.
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(c) DUTIES.—The panel shall—
(1) review historical experiences and current
practices concerning the employment, training, dis-
cipline, and functions of civilians accompanying the
Armed Forces in the field;
(2) make specific recommendations (in accord-
ance with subsection (d)) concerning—
(A) establishing court-martial jurisdiction
over civilians accompanying the Armed Forces
in the field during time of armed conflict not in-
volving a war declared by Congress;
(B) revisions to the jurisdiction of the Arti-
cle III courts over such persons; and
(C) establishment of Article I courts to exer-
cise jurisdiction over such persons; and
(3) make such additional recommendations (in
accordance with subsection (d)) as the panel considers
appropriate as a result of the review.
(d) REPORT.—(1) Not later than December 15, 1996,
the advisory panel shall transmit a report on the findings
and recommendations of the panel to the Secretary of De-
fense and the Attorney General.
(2) Not later than January 15, 1997, the Secretary
of Defense and the Attorney General shall jointly transmit
the report of the advisory panel to Congress. The Secretary
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and the Attorney General may include in the transmittal
any joint comments on the report that they consider appro-
priate, and either such official may include in the transmit-
tal any separate comments on the report that such official
considers appropriate.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Article I court’’ means a court es-
tablished under Article I of the Constitution.
(2) The term ‘‘Article III court’’ means a court
established under Article III of the Constitution.
(f) TERMINATION OF PANEL.—The panel shall termi-
nate 30 days after the date of submission of the report to
the Secretary of Defense and the Attorney General under
subsection (d).
Subtitle D—Decorations and
Awards
SEC. 541. AWARD OF PURPLE HEART TO CERTAIN FORMER
PRISONERS OF WAR.
(a) AUTHORITY TO MAKE AWARD.—The President
may award the Purple Heart to a person who, while serving
in the Armed Forces of the United States before April 25,
1962—
(1) was taken prisoner or held captive—
(A) in an action against an enemy of the
United States;
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(B) in military operations involving con-
flict with an opposing foreign force;
(C) during service with friendly forces en-
gaged in an armed conflict against an opposing
armed force in which the United States was not
a belligerent party;
(D) as the result of an action of any such
enemy or opposing armed force; or
(E) as the result of an act of any foreign
hostile force; and
(2) was wounded while being taken prisoner or
held captive.
(b) STANDARDS.—An award of the Purple Heart may
be made under subsection (a) only in accordance with the
standards in effect on the date of the enactment of this Act
for the award of the Purple Heart to a member of the Armed
Forces who, on or after April 25, 1962, has been taken pris-
oner and held captive under circumstances described in that
subsection.
(c) EXCEPTION FOR AIDING THE ENEMY.—An award
of a Purple Heart may not be made under this section to
any person convicted by a court of competent jurisdiction
of rendering assistance to any enemy of the United States.
(d) COVERED WOUNDS.—A wound determined by the
Secretary of Veterans Affairs as being a service-connected
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injury arising from being taken prisoner or held captive
under circumstances described in subsection (a) satisfies the
condition set forth in paragraph (2) of that subsection.
(e) RELATIONSHIP TO OTHER AUTHORITY TO AWARD
THE PURPLE HEART.—The authority under this section is
in addition to any other authority of the President to award
the Purple Heart.
SEC. 542. MERITORIOUS AND VALOROUS SERVICE DURING
VIETNAM ERA: REVIEW AND AWARDS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, car-
ried out by the Armed Forces of the United States in
the Ia Drang Valley of Vietnam from October 23,
1965, to November 26, 1965, is illustrative of the
many battles which pitted forces of the United States
against North Vietnamese Army regulars and Viet
Cong in vicious fighting in which many members of
the Armed Forces displayed extraordinary heroism,
sacrifice, and bravery which has not yet been offi-
cially recognized through award of appropriate deco-
rations.
(2) Accounts of these battles published since the
war ended authoritatively document repeated acts of
extraordinary heroism, sacrifice, and bravery on the
part of many members of the Armed Forces who were
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engaged in these battles, many of whom have never
been officially recognized for those acts.
(3) In some of the battles United States military
units suffered substantial losses, in some cases a ma-
jority of the strength of the units.
(4) The incidence of heavy casualties throughout
the war inhibited the timely collection of comprehen-
sive and detailed information to support rec-
ommendations for awards for the acts of heroism, sac-
rifice, and bravery performed.
(5) Requests to the Secretaries of the military de-
partments for review of award recommendations for
those acts have been denied because of restrictions in
law and regulations that require timely filing of rec-
ommendations and documented justification.
(6) Acts of heroism, sacrifice, and bravery per-
formed in combat by members of the Armed Forces of
the United States deserve appropriate and timely rec-
ognition by the people of the United States.
(7) It is appropriate to recognize military per-
sonnel for acts of extraordinary heroism, sacrifice, or
bravery that are belatedly, but properly, documented
by persons who witnessed those acts.
(b) WAIVER OF RESTRICTIONS ON AWARDS.—(1) Not-
withstanding any other provision of law, the Secretary of
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Defense or the Secretary of the military department con-
cerned may award or upgrade a decoration to any person
for an act, an achievement, or service that the person per-
formed in a campaign while serving on active duty during
the Vietnam era.
(2) Paragraph (1) applies to any decoration (includ-
ing any device in lieu of a decoration) that, during or after
the Vietnam era and before the date of the enactment of
this Act, was authorized by law or under regulations of the
Department of Defense or the military department con-
cerned to be awarded to a person for an act, an achieve-
ment, or service performed by that person while serving on
active duty.
(c) REVIEW OF AWARD RECOMMENDATIONS.—(1) The
Secretary of each military department shall review all rec-
ommendations for awards for acts, achievements, or service
described in subsection (b)(1) that have been received by the
Secretary during the period of the review.
(2) The Secretaries shall begin the review within 30
days after the date of the enactment of this Act and shall
complete the review within one year after such date.
(3) The Secretary may use the same process for carry-
ing out the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of
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the armed force or armed forces under the Secretary’s juris-
diction for acts, achievements, or service.
(4)(A) Upon completing the review, the Secretary shall
submit a report on the review to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives.
(B) The report shall contain the following information
on each recommendation for award reviewed:
(i) A summary of the recommendation.
(ii) The findings resulting from the review.
(iii) The final action taken on the recommenda-
tion.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Vietnam era’’ has the meaning
given that term in section 101(29) of title 38, United
States Code.
(2) The term ‘‘active duty’’ has the meaning
given such term in section 101(d)(1) of title 10, Unit-
ed States Code.
SEC. 
543. 
MILITARY 
INTELLIGENCE 
PERSONNEL 
PRE-
VENTED BY SECRECY FROM BEING CONSID-
ERED FOR DECORATIONS AND AWARDS.
(a) WAIVER ON RESTRICTIONS OF AWARDS.—(1) Not-
withstanding any other provision of law, the President, the
Secretary of Defense, or the Secretary of the military de-
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partment concerned may award a decoration to any person
for an act, achievement, or service that the person performed
in carrying out military intelligence duties during the pe-
riod January 1, 1940, through December 31, 1990.
(2) Paragraph (1) applies to any decoration (includ-
ing any device in lieu of a decoration) that, during or after
the period described in paragraph (1) and before the date
of the enactment of this Act, was authorized by law or under
the regulations of the Department of Defense or the military
department concerned to be awarded to a person for an act,
achievement, or service performed by that person while serv-
ing on active duty.
(b) REVIEW OF AWARD RECOMMENDATIONS.—(1) The
Secretary of each military department shall review all rec-
ommendations for awards of decorations for acts, achieve-
ments, or service described in subsection (a)(1) that have
been received by the Secretary during the period of the re-
view.
(2) The Secretary shall begin the review within 30
days after the date of the enactment of this Act and shall
complete the review within one year after such date.
(3) The Secretary may use the same process for carry-
ing out the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of
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the armed force or armed forces under the Secretary’s juris-
diction for acts, achievements, or service.
(4) The Secretary may reject a recommendation if the
Secretary determines that there is a justifiable basis for con-
cluding that the recommendation is specious.
(5) The Secretary shall take reasonable actions to pub-
licize widely the opportunity to recommend awards of deco-
rations under this section.
(6)(A) Upon completing the review, the Secretary shall
submit a report on the review to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives.
(B) The report shall contain the following information
on each recommendation for an award reviewed:
(i) A summary of the recommendation.
(ii) The findings resulting from the review.
(iii) The final action taken on the recommenda-
tion.
(iv) Administrative or legislative recommenda-
tions to improve award procedures with respect to
military intelligence personnel.
(c) DEFINITION.—In this section, the term ‘‘active
duty’’ has the meaning given such term in section 101(d)(1)
of title 10, United States Code.
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SEC. 544. REVIEW REGARDING AWARDS OF DISTINGUISHED-
SERVICE CROSS TO ASIAN-AMERICANS AND
PACIFIC ISLANDERS FOR CERTAIN WORLD
WAR II SERVICE.
(a) REVIEW REQUIRED.—The Secretary of the Army
shall—
(1) review the records relating to the award of
the Distinguished-Service Cross to Asian-Americans
and Native American Pacific Islanders for service as
members of the Army during World War II in order
to determine whether the award should be upgraded
to the Medal of Honor; and
(2) submit to the President a recommendation
that the President award a Medal of Honor to each
such person for whom the Secretary determines an
upgrade to be appropriate.
(b) WAIVER OF TIME LIMITATIONS.—The President is
authorized to award a Medal of Honor to any person re-
ferred to in subsection (a) in accordance with a rec-
ommendation of the Secretary of the Army submitted under
that subsection. The following restrictions do not apply in
the case of any such person:
(1) Sections 3744 and 8744 of title 10, United
States Code.
(2) Any regulation or other administrative re-
striction on—
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(A) the time for awarding a Medal of
Honor; or
(B) the awarding of a Medal of Honor for
service for which a Distinguished-Service Cross
has been awarded.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Native American Pacific Is-
lander’’ means a Native Hawaiian and any other Na-
tive American Pacific Islander within the meaning of
the Native American Programs Act of 1974 (42
U.S.C. 2991 et seq.).
(2) The term ‘‘World War II’’ has the meaning
given that term in section 101(8) of title 38, United
States Code.
Subtitle E—Other Matters
SEC. 551. DETERMINATION OF WHEREABOUTS AND STA-
TUS OF MISSING PERSONS.
(a) PURPOSE.—The purpose of this section is to ensure
that any member of the Armed Forces is accounted for by
the United States (by the return of such person alive, by
the return of the remains of such person, or by the decision
that credible evidence exists to support another determina-
tion of the status of such person) and, as a general rule,
is not declared dead solely because of the passage of time.
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(b) IN GENERAL.—(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter
75 the following new chapter:
‘‘CHAPTER 76—MISSING PERSONS
‘‘Sec.
‘‘1501. System for accounting for missing persons.
‘‘1502. Missing persons: initial report.
‘‘1503. Actions of Secretary concerned; initial board inquiry.
‘‘1504. Subsequent board of inquiry.
‘‘1505. Further review.
‘‘1506. Personnel files.
‘‘1507. Recommendation of status of death.
‘‘1508. Return alive of person declared missing or dead.
‘‘1509. Effect on State law.
‘‘1510. Definitions.
‘‘§ 1501. System for accounting for missing persons
‘‘(a) OFFICE FOR MISSING PERSONNEL.—(1) The Sec-
retary of Defense shall establish within the Office of the Sec-
retary of Defense an office to have responsibility for Depart-
ment of Defense policy relating to missing persons. Subject
to the authority, direction, and control of the Secretary of
Defense, the responsibilities of the office shall include—
‘‘(A) policy, control, and oversight within the
Department of Defense of the entire process for inves-
tigation and recovery related to missing persons; and
‘‘(B) coordination for the Department of Defense
with other departments and agencies of the United
States on all matters concerning missing persons.
‘‘(2) In carrying out the responsibilities of the office
established under this subsection, the head of the office shall
coordinate the efforts of that office with those of other de-
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partments and agencies and other elements of the Depart-
ment of Defense for such purposes and shall be responsible
for the coordination for such purposes within the Depart-
ment of Defense among the military departments, the Joint
Staff, and the commanders of the combatant commands.
‘‘(3) The office shall establish policies, which shall
apply uniformly throughout the Department of Defense, for
personnel recovery.
‘‘(4) The office shall establish procedures to be followed
by Department of Defense boards of inquiry, and by offi-
cials reviewing the reports of such boards, under this chap-
ter.
‘‘(b) SEARCH
AND RESCUE.—Notwithstanding sub-
section (a), responsibility for search and rescue policies
within the Department of Defense shall be established by
the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
‘‘(c) UNIFORM DOD PROCEDURES.—(1) The Secretary
of Defense shall prescribe procedures, to apply uniformly
throughout the Department of Defense, for—
‘‘(A) the determination of the status of persons
described in subsection (e); and
‘‘(B) for the systematic, comprehensive, and
timely collection, analysis, review, dissemination, and
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periodic update of information related to such per-
sons.
‘‘(2) Such procedures may provide for the delegation
by the Secretary of Defense of any responsibility of the Sec-
retary under this chapter to the Secretary of a military de-
partment.
‘‘(3) Such procedures shall be prescribed in a single
directive applicable to all elements of the Department of De-
fense, other than the elements carrying out activities relat-
ing to search and rescue.
‘‘(4) As part of such procedures, the Secretary may
provide for the extension, on a case by-case basis, of any
time limit specified in section 1503 or 1504 of this title.
Any such extension may not be for a period in excess of
the period with respect to which the extension is provided.
Subsequent extensions may be provided on the same basis.
‘‘(d) COAST GUARD.—(1) The Secretary of Transpor-
tation shall designate an officer of the Department of
Transportation to have responsibility within the Depart-
ment of Transportation for matters relating to missing per-
sons who are Coast Guard personnel.
‘‘(2) The Secretary of Transportation shall prescribe
procedures for the determination of the status of persons de-
scribed in subsection (e) who are personnel of the Coast
Guard and for the collection, analysis, review, and update
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of information on such persons. To the maximum extent
practicable, the procedures prescribed under this paragraph
shall be similar to the procedures prescribed by the Sec-
retary of Defense under subsection (c).
‘‘(e) COVERED PERSONS.—Section 1502 of this title
applies in the case of any member of the armed forces on
active duty who becomes involuntarily absent as a result
of a hostile action, or under circumstances suggesting that
the involuntary absence is a result of a hostile action, and
whose status is undetermined or who is unaccounted for.
‘‘(f) PRIMARY NEXT OF KIN.—The individual who is
primary next of kin of any person prescribed in subsection
(e) may for purposes of this chapter designate another indi-
vidual to act on behalf of that individual as primary next
of kin. The Secretary concerned shall treat an individual
so designated as if the individual designated were the pri-
mary next of kin for purposes of this chapter. A designation
under this subsection may be revoked at any time by the
person who made the designation.
‘‘(g) TERMINATION
OF APPLICABILITY
OF PROCE-
DURES WHEN MISSING PERSON IS ACCOUNTED FOR.—The
provisions of this chapter relating to boards of inquiry and
to the actions by the Secretary concerned on the reports of
those boards shall cease to apply in the case of a missing
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person upon the person becoming accounted for or otherwise
being determined to be in a status other than missing.
‘‘§ 1502. Missing persons: initial report
‘‘(a) PRELIMINARY ASSESSMENT AND RECOMMENDA-
TION BY COMMANDER.—After receiving information that
the whereabouts or status of a person described in section
1501(e) of this title is uncertain and that the absence of
the person may be involuntary, the commander of the unit,
facility, or area to or in which the person is assigned shall
make a preliminary assessment of the circumstances. If, as
a result of that assessment, the commander concludes that
the person is missing, the commander shall—
‘‘(1) recommend that the person be placed in a
missing status; and
‘‘(2) transmit that recommendation to the Sec-
retary of Defense or the Secretary having jurisdiction
over the missing person in accordance with proce-
dures prescribed under section 1501 of this title.
‘‘(b) FORWARDING
OF RECORDS.—The commander
making the initial assessment shall (in accordance with
procedures prescribed under section 1501 of this title) safe-
guard and forward for official use any information relating
to the whereabouts or status of a missing person that result
from the preliminary assessment or from actions taken to
locate the person.
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‘‘§ 1503. Actions of Secretary concerned; initial board
inquiry
‘‘(a) DETERMINATION BY SECRETARY.—(1) Upon re-
ceiving a recommendation on the status of a person under
section 1502(a)(2) of this title, the Secretary receiving the
recommendation shall review the recommendation.
‘‘(2) After reviewing the recommendation on the status
of a person, the Secretary shall—
‘‘(A) make a determination whether the person
shall be declared missing; or
‘‘(B) if the Secretary determines that a status
other than missing may be warranted for the person,
appoint a board under this section to carry out an
inquiry into the whereabouts or status of the person.
‘‘(b) INQUIRIES INVOLVING MORE THAN ONE MISSING
PERSON.—If it appears to the Secretary who appoints a
board under this section that the absence or missing status
of two or more persons is factually related, the Secretary
may appoint a single board under this section to conduct
the inquiry into the whereabouts or status of such persons.
‘‘(c) COMPOSITION.—(1) A board appointed under this
section to inquire into the whereabouts or status of a person
shall consist of at least one military officer who has experi-
ence with and understanding of military operations or ac-
tivities similar to the operation or activity in which the
person disappeared.
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‘‘(2) An individual may be appointed as a member
of a board under this section only if the individual has a
security clearance that affords the individual access to all
information relating to the whereabouts and status of the
missing persons covered by the inquiry.
‘‘(3) The Secretary who appoints a board under this
subsection shall, for purposes of providing legal counsel to
the board, assign to the board a judge advocate, or appoint
to the board an attorney, who has expertise in the law relat-
ing to missing persons, the determination of death of such
persons, and the rights of family members and dependents
of such persons.
‘‘(d) DUTIES OF BOARD.—A board appointed to con-
duct an inquiry into the whereabouts or status of a missing
person under this section shall—
‘‘(1) collect, develop, and investigate all facts and
evidence relating to the disappearance, whereabouts,
or status of the person;
‘‘(2) collect appropriate documentation of the
facts and evidence covered by the investigation;
‘‘(3) analyze the facts and evidence, make find-
ings based on that analysis, and draw conclusions as
to the current whereabouts and status of the person;
and
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‘‘(4) with respect to each person covered by the
inquiry, recommend to the Secretary who appointed
the board that—
‘‘(A) the person be placed in a missing sta-
tus; or
‘‘(B) the person be declared to have deserted,
to be absent without leave, or to be dead.
‘‘(e) BOARD PROCEEDINGS.—During the proceedings
of an inquiry under this section, a board shall—
‘‘(1) collect, record, and safeguard all facts, docu-
ments, statements, photographs, tapes, messages,
maps, sketches, reports, and other information (wheth-
er classified or unclassified) relating to the where-
abouts or status of each person covered by the in-
quiry;
‘‘(2) gather information relating to actions taken
to find the person, including any evidence of the
whereabouts or status of the person arising from such
actions; and
‘‘(3) maintain a record of its proceedings.
‘‘(f) ACCESS TO PROCEEDINGS.—The proceedings of a
board during an inquiry under this section shall be closed
to the public (including, with respect to the person covered
by the inquiry, the primary next of kin, other members of
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the immediate family, and any other previously designated
person of the person).
‘‘(g) RECOMMENDATION ON STATUS OF MISSING PER-
SONS.—(1) Upon completion of its inquiry, a board ap-
pointed under this section shall make a recommendation to
the Secretary who appointed the board as to the appropriate
determination of the current whereabouts or status of each
person whose whereabouts and status were covered by the
inquiry.
‘‘(2)(A) A board may not recommend under paragraph
(1) that a person be declared dead unless the board deter-
mines that the evidence before it established conclusive proof
of the death of the person.
‘‘(B) In this paragraph, the term ‘conclusive proof of
death’ means credible evidence establishing that death is the
only credible explanation for the absence of the person.
‘‘(h) REPORT.—(1) A board appointed under this sec-
tion shall submit to the Secretary who appointed the board
a report on the inquiry carried out by the board. The report
shall include—
‘‘(A) a discussion of the facts and evidence con-
sidered by the board in the inquiry;
‘‘(B) the recommendation of the board under sub-
section (g) with respect to each person covered by the
report; and
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‘‘(C) disclosure of whether classified documents
and information were reviewed by the board or were
otherwise used by the board in forming recommenda-
tions under subparagraph (B).
‘‘(2) A board shall submit a report under this sub-
section with respect to the inquiry carried out by the board
not later than 30 days after the date of the appointment
of the board to carry out the inquiry.
‘‘(3) A report submitted under this subsection with re-
spect to a missing person may not be made public until
one year after the date on which the report is submitted,
and not without the approval of the primary next of kin
of the person.
‘‘(i) DETERMINATION BY SECRETARY.—(1) Not later
than 30 days after the receipt of a report from a board
under subsection (j), the Secretary receiving the report shall
review the report.
‘‘(2) In reviewing a report under paragraph (1) the
Secretary shall determine whether or not the report is com-
plete and free of administrative error. If the Secretary de-
termines that the report is incomplete, or that the report
is not free of administrative error, the Secretary may return
the report to the board for further action on the report by
the board.
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‘‘(3) Upon a determination by the Secretary that a
report reviewed under this subsection is complete and free
of administrative error, the Secretary shall make a deter-
mination concerning the status of each person covered by
the report, including whether the person shall—
‘‘(A) be declared missing;
‘‘(B) be declared to have deserted;
‘‘(C) be declared to be absent without leave; or
‘‘(D) be declared to be dead.
‘‘(j) REPORT TO FAMILY MEMBERS AND OTHER IN-
TERESTED PERSONS.—Not later than 30 days after the date
on which the Secretary concerned makes a determination
of the status of a person under subsection (a)(2) or (i), the
Secretary shall take reasonable actions to—
‘‘(1) provide to the primary next of kin, the other
members of the immediate family, and any other pre-
viously designated person of the person—
‘‘(A) an unclassified summary of the unit
commander’s report with respect to the person
under section 1502(a) of this title; and
‘‘(B) if a board was appointed to carry out
an inquiry into the person under this section,
the report of the board (including the names of
the members of the board) under subsection (h);
and
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‘‘(2) inform each individual referred to in para-
graph (1) that the United States will conduct a subse-
quent inquiry into the whereabouts or status of the
person on or about one year after the date of the first
official notice of the disappearance of the person, un-
less information becomes available sooner that may
result in a change in status of the person.
‘‘(k) TREATMENT
OF DETERMINATION.—Any deter-
mination of the status of a missing person under subsection
(a)(2) or (i) shall be treated as the determination of the
status of the person by all departments and agencies of the
United States.
‘‘§ 1504. Subsequent board of inquiry
‘‘(a) ADDITIONAL BOARD.—If information that may
result in a change of status of a person covered by a deter-
mination under subsection (a)(2) or (i) of section 1503 of
this title becomes available within one year after the date
of the transmission of a report with respect to the person
under section 1502(a)(2) of this title, the Secretary con-
cerned shall appoint a board under this section to conduct
an inquiry into the information.
‘‘(b) DATE
OF APPOINTMENT.—The Secretary con-
cerned shall appoint a board under this section to conduct
an inquiry into the whereabouts and status of a missing
person on or about one year after the date of the trans-
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mission of a report concerning the person under section
1502(a)(2) of this title.
‘‘(c) COMBINED INQUIRIES.—If it appears to the Sec-
retary concerned that the absence or status of two or more
persons is factually related, the Secretary may appoint one
board under this section to conduct the inquiry into the
whereabouts or status of such persons.
‘‘(d) COMPOSITION.—(1) Subject to paragraphs (2)
and (3), a board appointed under this section shall consist
of not less than three officers having the grade of major or
lieutenant commander or above.
‘‘(2) The Secretary concerned shall designate one mem-
ber of a board appointed under this section as president
of the board. The president of the board shall have a security
clearance that affords the president access to all information
relating to the whereabouts and status of each person cov-
ered by the inquiry.
‘‘(3) One member of each board appointed under this
subsection shall be an individual who—
‘‘(A) has a occupational specialty similar to that
of one or more of the persons covered by the inquiry;
and
‘‘(B) has an understanding of and expertise in
the type of official activities that one or more such
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persons were engaged in at the time such person or
persons disappeared.
‘‘(4) The Secretary who appoints a board under this
subsection shall, for purposes of providing legal counsel to
the board, assign to the board a judge advocate, or appoint
to the board an attorney, who has expertise in the law relat-
ing to missing persons, the determination of death of such
persons, and the rights of family members and dependents
of such persons.
‘‘(e) DUTIES OF BOARD.—A board appointed under
this section to conduct an inquiry into the whereabouts or
status of a person shall—
‘‘(1) review the report with respect to the person
transmitted under section 1502(a)(2) of this title, and
the report, if any, submitted under subsection (h) of
section 1503 of this title by the board appointed to
conduct inquiry into the status of the person under
such section 1503;
‘‘(2) collect and evaluate any document, fact, or
other evidence with respect to the whereabouts or sta-
tus of the person that has become available since the
determination of the status of the person under sec-
tion 1503 of this title;
‘‘(3) draw conclusions as to the whereabouts or
status of the person;
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‘‘(4) determine on the basis of the activities
under paragraphs (1) and (2) whether the status of
the person should be continued or changed; and
‘‘(5) submit to the Secretary concerned a report
describing the findings and conclusions of the board,
together with a recommendation for a determination
by the Secretary concerning the whereabouts or status
of the person.
‘‘(f) ATTENDANCE OF FAMILY MEMBERS AND CERTAIN
OTHER INTERESTED PERSONS
AT PROCEEDINGS.—(1)
With respect to any person covered by a inquiry under this
section, the primary next of kin, other members of the im-
mediate family, and any other previously designated person
of the person may attend the proceedings of the board dur-
ing the inquiry.
‘‘(2) The Secretary concerned shall take reasonable ac-
tions to notify each individual referred to in paragraph (1)
of the opportunity to attend the proceedings of a board.
Such notice shall be provided not less than 60 days before
the first meeting of the board.
‘‘(3) An individual who receives notice under para-
graph (2) shall notify the Secretary of the intent, if any,
of that individual to attend the proceedings of the board
not later than 21 days after the date on which the individ-
ual receives the notice.
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‘‘(4) Each individual who notifies the Secretary under
paragraph (3) of the individual’s intent to attend the pro-
ceedings of the board—
‘‘(A) in the case of a individual who is the pri-
mary next of kin or other member of the immediate
family of a missing person whose status is a subject
of the inquiry and whose receipt of the pay or allow-
ances (including allotments) of the person could be re-
duced or terminated as a result of a revision in the
status of the person, may attend the proceedings of the
board with private counsel;
‘‘(B) shall have access to the personnel file of the
missing person, to unclassified reports, if any, of the
board appointed under section 1503 of this title to
conduct the inquiry into the whereabouts and status
of the person, and to any other unclassified informa-
tion or documents relating to the whereabouts and
status of the person;
‘‘(C) shall be afforded the opportunity to present
information at the proceedings of the board that such
individual considers to be relevant to those proceed-
ings; and
‘‘(D) subject to paragraph (5), shall be given the
opportunity to submit in writing an objection to any
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recommendation of the board under subsection (h) as
to the status of the missing person.
‘‘(5)(A) Individuals who wish to file objections under
paragraph (4)(D) to any recommendation of the board
shall—
‘‘(i) submit a letter of intent to the president of
the board not later than 2 days after the date on
which the recommendations are made; and
‘‘(ii) submit to the president of the board the ob-
jections in writing not later than 15 days after the
date on which the recommendations are made.
‘‘(B) The president of a board shall include any objec-
tions to a recommendation of the board that are submitted
to the president of the board under subparagraph (A) in
the report of the board containing the recommendation
under subsection (h).
‘‘(6) An individual referred to in paragraph (1) who
attends the proceedings of a board under this subsection
shall not be entitled to reimbursement by the United States
for any costs (including travel, lodging, meals, local trans-
portation, legal fees, transcription costs, witness expenses,
and other expenses) incurred by that individual in attend-
ing such proceedings.
‘‘(g) AVAILABILITY OF INFORMATION TO BOARDS.—(1)
In conducting proceedings in an inquiry under this section,
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a board may secure directly from any department or agency
of the United States any information that the board consid-
ers necessary in order to conduct the proceedings.
‘‘(2) Upon written request from the president of a
board, the head of a department or agency of the United
States shall release information covered by the request to
the board. In releasing such information, the head of the
department or agency shall—
‘‘(A) declassify to an appropriate degree classi-
fied information; or
‘‘(B) release the information in a manner not re-
quiring the removal of markings indicating the classi-
fied nature of the information.
‘‘(3)(A) If a request for information under paragraph
(2) covers classified information that cannot be declassified,
cannot be removed before release from the information cov-
ered by the request, or cannot be summarized in a manner
that prevents the release of classified information, the classi-
fied information shall be made available only to the presi-
dent of the board making the request.
‘‘(B) The president of a board shall close to persons
who do not have appropriate security clearances the pro-
ceeding of the board at which classified information is dis-
cussed. Participants at a proceeding of a board at which
classified information is discussed shall comply with all ap-
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plicable laws and regulations relating to the disclosure of
classified information. The Secretary concerned shall assist
the president of a board in ensuring that classified informa-
tion is not compromised through board proceedings.
‘‘(h) RECOMMENDATION ON STATUS.—(1) Upon com-
pletion of an inquiry under this subsection, a board shall
make a recommendation as to the current whereabouts or
status of each missing person covered by the inquiry.
‘‘(2) A board may not recommend under paragraph
(1) that a person be declared dead unless—
‘‘(A) proof of death is established by the board;
or
‘‘(B) in making the recommendation, the board
complies with section 1507 of this title.
‘‘(i) REPORT.—A board appointed under this section
shall submit to the Secretary concerned a report on the in-
quiry carried out by the board, together with the evidence
considered by the board during the inquiry. The report may
include a classified annex.
‘‘(j) ACTIONS BY SECRETARY CONCERNED.—(1) Not
later than 30 days after the receipt of a report from a board
under subsection (i), the Secretary shall review—
‘‘(A) the report; and
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‘‘(B) the objections, if any, to the report submit-
ted to the president of the board under subsection
(f)(5).
‘‘(2) In reviewing a report under paragraph (1) (in-
cluding the objections described in subparagraph (B) of that
paragraph), the Secretary concerned shall determine wheth-
er or not the report is complete and free of administrative
error. If the Secretary determines that the report is incom-
plete, or that the report is not free of administrative error,
the Secretary may return the report to the board for further
action on the report by the board.
‘‘(3) Upon a determination by the Secretary that a
report reviewed under this subsection is complete and free
of administrative error, the Secretary shall make a deter-
mination concerning the status of each person covered by
the report.
‘‘(k) REPORT TO FAMILY MEMBERS AND OTHER IN-
TERESTED PERSONS.—Not later than 60 days after the date
on which the Secretary concerned makes a determination
with respect to a missing person under subsection (j), the
Secretary shall—
‘‘(1) provide an unclassified summary of the re-
port reviewed by the Secretary in making the deter-
mination to the primary next of kin, the other mem-
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bers of the immediate family, and any other pre-
viously designated person of the person; and
‘‘(2) in the case of a person who continues to be
in a missing status, inform each individual referred
to in paragraph (1) that the United States will con-
duct subsequent inquiries into the whereabouts or sta-
tus of the person upon obtaining credible information
that may result in a change in the status of the per-
son.
‘‘(l) TREATMENT
OF DETERMINATION.—Any deter-
mination of the status of a missing person under subsection
(j) shall supersede the determination of the status of the per-
son under section 1503 of this title and shall be treated as
the determination of the status of the person by all depart-
ments and agencies of the United States.
‘‘§ 1505. Further review
‘‘(a) SUBSEQUENT REVIEW.—(1) The Secretary con-
cerned shall conduct subsequent inquiries into the where-
abouts or status of any person determined by the Secretary
under section 1504 of this title to be in a missing status.
‘‘(2) The Secretary concerned shall appoint a board
to conduct an inquiry with respect to a person under this
subsection upon obtaining credible information that may
result in a change of status of the person.
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‘‘(b) CONDUCT OF PROCEEDINGS.—The appointment
of, and activities before, a board appointed under this sec-
tion shall be governed by the provisions of section 1504 of
this title with respect to a board appointed under that sec-
tion.
‘‘§ 1506. Personnel files
‘‘(a) INFORMATION IN FILES.—Except as provided in
subsections (b), (c), and (d), the Secretary of the department
having jurisdiction over a missing person at the time of
the person’s disappearance shall, to the maximum extent
practicable, ensure that the personnel file of the person con-
tains all information in the possession of the United States
relating to the disappearance and whereabouts or status of
the person.
‘‘(b) CLASSIFIED INFORMATION.—(1) The Secretary
concerned may withhold classified information from a per-
sonnel file under this section.
‘‘(2) If the Secretary concerned withholds classified in-
formation from a personnel file, the Secretary shall ensure
that the file contains the following:
‘‘(A) A notice that the withheld information ex-
ists.
‘‘(B) A notice of the date of the most recent re-
view of the classification of the withheld information.
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‘‘(c) PROTECTION OF PRIVACY.—The Secretary con-
cerned shall maintain personnel files under this section,
and shall permit disclosure of or access to such files, in ac-
cordance with the provisions of section 552a of title 5 and
with other applicable laws and regulations pertaining to
the privacy of the persons covered by the files.
‘‘(d) PRIVILEGED INFORMATION.—The Secretary con-
cerned shall withhold reports obtained as privileged infor-
mation from the personnel files under this section. If the
Secretary withholds a report from a personnel file under
this subsection, the Secretary shall ensure that the file con-
tains a notice that the withheld information exists.
‘‘(e) WRONGFUL WITHHOLDING.—Except as otherwise
provided by law, any person who knowingly and willfully
withholds from the personnel file of a missing person any
information relating to the disappearance or whereabouts
or status of a missing person shall be fined as provided in
title 18 or imprisoned not more than one year, or both.
‘‘(f) AVAILABILITY OF INFORMATION.—The Secretary
concerned shall, upon request, make available the contents
of the personnel file of a missing person to the primary
next of kin, the other members of the immediate family, or
any other previously designated person of the person.
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‘‘§ 1507. Recommendation of status of death
‘‘(a) REQUIREMENTS RELATING
TO RECOMMENDA-
TION.—A board appointed under section 1504 or 1505 of
this title may not recommend that a person be declared
dead unless—
‘‘(1) credible evidence exists to suggest that the
person is dead;
‘‘(2) the United States possesses no credible evi-
dence that suggests that the person is alive;
‘‘(3) representatives of the United States have
made a complete search of the area where the person
was last seen (unless, after making a good faith effort
to obtain access to such area, such representatives are
not granted such access); and
‘‘(4) representatives of the United States have ex-
amined the records of the government or entity having
control over the area where the person was last seen
(unless, after making a good faith effort to obtain ac-
cess to such records, such representatives are not
granted such access).
‘‘(b) SUBMITTAL OF INFORMATION ON DEATH.—If a
board appointed under section 1504 or 1505 of this title
makes a recommendation that a missing person be declared
dead, the board shall, to the maximum extent practicable,
include in the report of the board with respect to the person
under such section the following:
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‘‘(1) A detailed description of the location where
the death occurred.
‘‘(2) A statement of the date on which the death
occurred.
‘‘(3) A description of the location of the body, if
recovered.
‘‘(4) If the body has been recovered and is not
identifiable through visual means, a certification by
a practitioner of an appropriate forensic science that
the body recovered is that of the missing person.
‘‘§ 1508. Return alive of person declared missing or
dead
‘‘(a) PAY AND ALLOWANCES.—Any person (except for
a person subsequently determined to have been absent with-
out leave or a deserter) in a missing status or declared dead
under the Missing Persons Act of 1942 (56 Stat. 143) or
chapter 10 of title 37 or by a board appointed under this
chapter who is found alive and returned to the control of
the United States shall be paid for the full time of the ab-
sence of the person while given that status or declared dead
under the law and regulations relating to the pay and al-
lowances of persons returning from a missing status.
‘‘(b) EFFECT ON GRATUITIES PAID AS A RESULT OF
STATUS.—Subsection (a) shall not be interpreted to invali-
date or otherwise affect the receipt by any person of a death
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gratuity or other payment from the United States on behalf
of a person referred to in subsection (a) before the date of
the enactment of this chapter.
‘‘§ 1509. Effect on State law
‘‘Nothing in this chapter shall be construed to invali-
date or limit the power of any State court or administrative
entity, or the power of any court or administrative entity
of any political subdivision thereof, to find or declare a per-
son dead for purposes of such State or political subdivision.
‘‘§ 1510. Definitions
‘‘In this chapter:
‘‘(1) The term ‘missing person’ means a member
of the armed forces on active duty who is in a miss-
ing status.
‘‘(2) The term ‘missing status’ means the status
of a missing person who is determined to be absent
in a category of—
‘‘(A) missing;
‘‘(B) missing in action;
‘‘(C) interned in a foreign country;
‘‘(D) captured;
‘‘(E) beleaguered;
‘‘(F) besieged; or
‘‘(G) detained.
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‘‘(3) The term ‘accounted for’, with respect to a
person in a missing status, means that—
‘‘(A) the person is returned to United States
control alive;
‘‘(B) the remains of the person are identi-
fied by competent authority; or
‘‘(C) credible evidence exists to support an-
other determination of the person’s status.
‘‘(4) The term ‘primary next of kin’, in the case
of a missing person, means the individual authorized
to direct disposition of the remains of the person
under section 1482(c) of this title.
‘‘(5) The term ‘member of the immediate family’,
in the case of a missing person, means the following:
‘‘(A) The spouse of the person.
‘‘(B) A natural child, adopted child, step
child, or illegitimate child (if acknowledged by
the person or parenthood has been established by
a court of competent jurisdiction) of the person,
except that if such child has not attained the age
of 18 years, the term means a surviving parent
or legal guardian of such child.
‘‘(C) A biological parent of the person, un-
less legal custody of the person by the parent has
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been previously terminated by reason of a court
decree or otherwise under law and not restored.
‘‘(D) A brother or sister of the person, if
such brother or sister has attained the age of 18
years.
‘‘(E) Any other blood relative or adoptive
relative of the person, if such relative was given
sole legal custody of the person by a court decree
or otherwise under law before the person attained
the age of 18 years and such custody was not
subsequently terminated before that time.
‘‘(6) The term ‘previously designated person’, in
the case of a missing person, means an individual
designated by the person under section 655 of this
title for purposes of this chapter.
‘‘(7) The term ‘classified information’ means any
information determined as such under applicable
laws and regulations of the United States.
‘‘(8) The term ‘State’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States.
‘‘(9) The term ‘Secretary concerned’ includes the
Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the
Department of the Navy.
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‘‘(10) The term ‘armed forces’ includes Coast
Guard personnel operating in conjunction with, in
support of, or under the command of a unified com-
batant command (as that term is used in section 6
of this title).’’.
(2) The tables of chapters at the beginning of subtitle
A, and at the beginning of part II of subtitle A, of title
10, United States Code, are amended by inserting after the
item relating to chapter 75 the following new item:
‘‘76. Missing Persons .......................................................................................
1501’’.
(c) CONFORMING AMENDMENTS.—Chapter 10 of title
37, United States Code, is amended as follows:
(1) Section 555 is amended—
(A) in subsection (a), by striking out ‘‘when
a member’’ and inserting in lieu thereof ‘‘except
as provided in subsection (d), when a member’’;
and
(B) by adding at the end the following new
subsection:
‘‘(d) This section does not apply in a case to which
section 1502 of title 10 applies.’’.
(2) Section 552 is amended—
(A) in subsection (a), by striking out ‘‘for
all purposes,’’ in the second sentence of the mat-
ter following paragraph (2) and all that follows
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through the end of the sentence and inserting in
lieu thereof ‘‘for all purposes.’’;
(B) in subsection (b), by inserting ‘‘or
under chapter 76 of title 10’’ before the period at
the end; and
(C) in subsection (e), by inserting ‘‘or under
chapter 76 of title 10’’ after ‘‘section 555 of this
title’’ after ‘‘section 555 of this title’’.
(3) Section 553 is amended—
(A) in subsection (f), by striking out ‘‘the
date the Secretary concerned receives evidence
that’’ and inserting in lieu thereof ‘‘the date on
which, in a case covered by section 555 of this
title, the Secretary concerned receives evidence,
or, in a case covered by chapter 76 of title 10,
the Secretary concerned determines pursuant to
that chapter that’’; and
(B) in subsection (g), by inserting ‘‘or
under chapter 76 of title 10’’ after section 555 of
this title’’.
(4) Section 556 is amended—
(A) in subsection (a), by inserting after
paragraph (7) the following: ‘‘Paragraphs (1),
(5), (6), and (7) shall only apply with respect to
a case to which section 555 of this title applies.’’;
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(B) in subsection (b), by inserting ‘‘, in a
case to which section 555 of this title applies,’’
after ‘‘When the Secretary concerned’’; and
(C) In subsection (h)—
(i) in the first sentence, by striking out
‘‘status’’ and inserting in lieu thereof
‘‘pay’’; and
(ii) in the second sentence, by inserting
‘‘in a case to which section 555 of this title
applies’’ after ‘‘under this section’’.
(d) DESIGNATION OF INDIVIDUALS HAVING INTEREST
IN STATUS OF SERVICE MEMBERS.—(1) Chapter 37 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 655. Designation of persons having interest in sta-
tus of a missing member
‘‘(a) The Secretary concerned shall, upon the enlist-
ment or appointment of a person in the armed forces, re-
quire that the person specify in writing the person or per-
sons, if any, other than that person’s primary next of kin
or immediate family, to whom information on the where-
abouts or status of the member shall be provided if such
whereabouts or status are investigated under chapter 76 of
this title. The Secretary shall periodically, and whenever
the member is deployed as part of a contingency operation
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or in other circumstances specified by the Secretary, require
that such designation be reconfirmed, or modified, by the
member.
‘‘(b) The Secretary concerned shall, upon the request
of a member, permit the member to revise the person or
persons specified by the member under subsection (a) at any
time. Any such revision shall be in writing.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘655. Designation of persons having interest in status of a missing member.’’.
(e) ACCOUNTING FOR CIVILIAN EMPLOYEE AND CON-
TRACTORS OF THE UNITED STATES.—(1) The Secretary of
State shall carry out a comprehensive study of the Missing
Persons Act of 1942 (56 Stat. 143), and any other laws
and regulations establishing procedures for the accounting
for of civilian employees of the United States or contractors
of the United States who serve with or accompany the
Armed Forces in the field. The purpose of the study is to
determine the means, if any, by which such procedures may
be improved.
(2) The Secretary of State shall carry out the study
required under paragraph (1) in consultation with the Sec-
retary of Defense, the Secretary of Transportation, the Di-
rector of Central Intelligence, and the heads of such other
departments and agencies of the Federal Government as the
President shall designate for that purpose.
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(3) In carrying out the study, the Secretary of State
shall examine the procedures undertaken when a civilian
employee referred to in paragraph (1) becomes involuntar-
ily absent as a result of a hostile action, or under cir-
cumstances suggesting that the involuntary absence is a re-
sult of a hostile action, and whose status is undetermined
or who is unaccounted for, including procedures for—
(A) search and rescue for the employee;
(B) determining the status of the employee;
(C) reviewing and changing the status of the em-
ployee;
(D) determining the rights and benefits accorded
to the family of the employee; and
(E) maintaining and providing appropriate ac-
cess to the records of the employee and the investiga-
tion into the status of the employee.
(4) Not later than one year after the date of the enact-
ment of this Act, the Secretary of State shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on National Security of the House of Representatives
a report on the study carried out by the Secretary under
this subsection. The report shall include the recommenda-
tions, if any, of the Secretary for legislation to improve the
procedures covered by the study.
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SEC. 552. SERVICE NOT CREDITABLE FOR PERIODS OF UN-
AVAILABILITY OR INCAPACITY DUE TO MIS-
CONDUCT.
(a) ENLISTED SERVICE CREDIT.—Section 972 of title
10, United States Code, is amended—
(1) by striking out paragraphs (3) and (4) and
inserting in lieu thereof the following:
‘‘(3) is confined by military or civilian authori-
ties for more than one day in connection with a trial,
whether before, during, or after the trial; or’’; and
(2) by redesignating paragraph (5) paragraph
(4).
(b) OFFICER SERVICE CREDIT.—Chapter 49 of title
10, United States Code, is amended by inserting after sec-
tion 972 the following new section:
‘‘§ 972a. Officers: service not creditable
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), an officer of an armed force may not receive credit for
service in the armed forces for any purpose for a period
for which the officer—
‘‘(1) deserts;
‘‘(2) is absent from the officer’s organization,
station, or duty for more than one day without prop-
er authority, as determined by competent authority;
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‘‘(3) is confined by military or civilian authori-
ties for more than one day in connection with a trial,
whether before, during, or after the trial; or
‘‘(4) is unable for more than one day, as deter-
mined by competent authority, to perform the officer’s
duties because of intemperate use of drugs or alcoholic
liquor, or because of disease or injury resulting from
the officer’s misconduct.
‘‘(b) INAPPLICABILITY
TO COMPUTATION
OF BASIC
PAY.—Subsection (a) does not apply to a determination of
the amount of basic pay of the officer under section 205
of title 37.’’.
(c) ARMY COMPUTATION OF YEARS OF SERVICE.—Sec-
tion 3926 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(e) A period for which service credit is denied under
section 972a(a) of this title may not be counted for purposes
of computing years of service under this section.’’.
(d) NAVY COMPUTATION OF YEARS OF SERVICE.—
Chapter 571 of title 10, United States Code, is amended
by inserting after section 6327 the following new section:
‘‘§ 6328. Computation of years of service: service not
creditable
‘‘(a) ENLISTED MEMBERS.—Years of service computed
under this chapter may not include a period of unavail-
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ability or incapacity to perform duties that is required
under section 972 of this title to be made up by performance
of service for an additional period.
‘‘(b) OFFICERS.—A period for which service credit is
denied under section 972a(a) of this title may not be count-
ed for purposes of computing years of service under this
chapter.’’.
(e) AIR FORCE COMPUTATION OF YEARS OF SERV-
ICE.—Section 8926 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(d) A period for which service credit is denied under
section 972a(a) of this title may not be counted for purposes
of computing years of service under this section.’’.
(f) CLERICAL AMENDMENTS.—(1) The table of sections
at the beginning of chapter 49 of title 10, United States
Code, is amended by inserting after the item relating to
section 972 the following:
‘‘972a. Officers: service not creditable.’’.
(2) The table of sections at the beginning of chapter
571 of title 10, United States Code, is amended by inserting
after the item relating to section 6327 the following new
item:
‘‘6328. Computation of years of service: service not creditable.’’.
(g) EFFECTIVE
DATE
AND
APPLICABILITY.—The
amendments made by this section shall take effect on Octo-
ber 1, 1995, and shall apply to occurrences on or after that
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date of unavailability or incapacity to perform duties as
described in section 972 or 972a of title 10, United States
Code, as the case may be.
SEC. 553. SEPARATION IN CASES INVOLVING EXTENDED
CONFINEMENT.
(a) SEPARATION.—(1)(A) Chapter 59 of title 10, Unit-
ed States Code, is amended by adding at the end the follow-
ing:
‘‘§ 1178. Persons under confinement for one year or
more
‘‘Except as otherwise provided in regulations pre-
scribed by the Secretary of Defense, a person sentenced by
a court-martial to a period of confinement for one year or
more may be separated from the person’s armed force at
any time after the sentence to confinement has become final
under chapter 47 of this title and the person has served
in confinement for a period of one year.’’.
(B) The table of sections at the beginning of chapter
59 of such title is amended by inserting at the end thereof
the following new item:
‘‘1178. Persons under confinement for one year or more.’’.
(2)(A) Chapter 1221 of title 10, United States Code,
is amended by adding at the end the following:
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‘‘§ 12687. Persons under confinement for one year or
more
‘‘Except as otherwise provided in regulations pre-
scribed by the Secretary of Defense, a Reserve sentenced by
a court-martial to a period of confinement for one year or
more may be separated from the person’s armed force at
any time after the sentence to confinement has become final
under chapter 47 of this title and the person has served
in confinement for a period of one year.’’.
(B) The table of sections at the beginning of chapter
1221 of such title is amended by inserting at the end thereof
the following new item:
‘‘12687. Persons under confinement for one year or more.’’.
(b) DROP FROM ROLLS.—(1) Section 1161(b) of title
10, United States Code, is amended by striking out ‘‘or (2)’’
and inserting in lieu thereof ‘‘(2) who may be separated
under section 1178 of this title by reason of a sentence to
confinement adjudged by a court-martial, or (3)’’.
(2) Section 12684 of such title is amended—
(A) by striking out ‘‘or’’ at the end of paragraph
(1);
(B) by redesignating paragraph (2) as para-
graph (3); and
(C) by inserting after paragraph (1) the follow-
ing new paragraph (2):
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‘‘(2) who may be separated under section 12687
of this title by reason of a sentence to confinement ad-
judged by a court-martial; or’’.
SEC. 554. DURATION OF FIELD TRAINING OR PRACTICE
CRUISE REQUIRED UNDER THE SENIOR RE-
SERVE OFFICERS’ TRAINING CORPS PRO-
GRAM.
Section 2104(b)(6)(A)(ii) of title 10, United States
Code, is amended by striking out ‘‘not less than six weeks’
duration’’ and inserting in lieu thereof ‘‘a duration’’.
SEC. 555. CORRECTION OF MILITARY RECORDS.
(a) REVIEW OF PROCEDURES.—The Secretary of each
military department shall review the system and procedures
used by the Secretary in the exercise of authority under sec-
tion 1552 of title 10, United States Code, in order to iden-
tify potential improvements that could be made in the proc-
ess for correcting military records to ensure fairness, equity,
and, consistent with appropriate service to applicants,
maximum efficiency.
(b) ISSUES REVIEWED.—In conducting the review, the
Secretary shall consider the following issues:
(1) The composition of the board for correction
of military records and of the support staff for the
board.
(2) Timeliness of final action.
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(3) Independence of deliberations by the civilian
board for the correction of military records.
(4) The authority of the Secretary to modify the
recommendations of the board.
(5) Burden of proof and other evidentiary stand-
ards.
(6) Alternative methods for correcting military
records.
(c) REPORT.—(1) Not later than April 1, 1996, the
Secretary of each military department shall submit a report
on the results of the Secretary’s review under this section
to the Secretary of Defense. The report shall contain the
recommendations of the Secretary of the military depart-
ment for improving the process for correcting military
records in order to achieve the objectives referred to in sub-
section (a).
(2) The Secretary of Defense shall immediately trans-
mit a copy of the report to the Committee on Armed Serv-
ices of the Senate and the Committee on National Security
of the House of Representatives.
SEC. 556. LIMITATION ON REDUCTIONS IN MEDICAL PER-
SONNEL.
(a) LIMITATION ON REDUCTIONS.—Unless the Sec-
retary of Defense makes the certification described in sub-
section (b) for a fiscal year, the Secretary may not reduce
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the number of medical personnel of the Department of De-
fense—
(1) in fiscal year 1996, to a number that is less
than—
(A) 95 percent of the number of such per-
sonnel at the end of fiscal year 1994; or
(B) 90 percent of the number of such per-
sonnel at the end of fiscal year 1993; and
(2) in any fiscal year beginning after September
30, 1996, to a number that is less than—
(A) 95 percent of the number of such per-
sonnel at the end of the immediately preceding
fiscal year; or
(B) 90 percent of the number of such per-
sonnel at the end of the third fiscal year preced-
ing the fiscal year.
(b) CERTIFICATION.—The Secretary may make a re-
duction described in subsection (a) if the Secretary certifies
to Congress that—
(1) the number of medical personnel of the De-
partment that is being reduced is excess to the current
and projected needs of the military departments; and
(2) such reduction will not result in an increase
in the cost of health care services provided under the
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Civilian Health and Medical Program of the Uni-
formed Services.
(c) REPORT ON PLANNED REDUCTIONS.—Not later
than March 1, 1996, the Assistant Secretary of Defense hav-
ing responsibility for health affairs, in consultation with
Surgeon General of the Army, the Surgeon General of the
Navy, and the Surgeon General of the Air Force, shall sub-
mit to the congressional defense committees a plan for the
reduction of the number of medical personnel of the Depart-
ment of Defense over the 5-year period beginning on October
1, 1996.
(d) REPEAL OF OBSOLETE PROVISIONS OF LAW.—(1)
Section 711 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 115 note) is repealed.
(2) Section 718 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–190;
105 Stat. 1404; 10 U.S.C. 115 note) is amended by striking
out subsection (b).
(3) Section 518 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2407) is repealed.
(e) DEFINITION.—For purposes of this section, the
term ‘‘medical personnel’’ has the meaning given such term
in section 115a(g)(2) of title 10, United States Code, except
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that such term includes civilian personnel of the Depart-
ment of Defense assigned to military medical facilities.
SEC. 557. REPEAL OF REQUIREMENT FOR ATHLETIC DIREC-
TOR 
AND 
NONAPPROPRIATED 
FUND 
AC-
COUNT FOR THE ATHLETICS PROGRAMS AT
THE SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—(1) Section
4357 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
403 of such title is amended by striking out the item relat-
ing to section 4357.
(b) UNITED STATES NAVAL ACADEMY.—Section 556 of
the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2774) is amended
by striking out subsections (b), (d), and (e).
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Sec-
tion 9356 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
903 of such title is amended by striking out the item relat-
ing to section 9356.
SEC. 558. PROHIBITION ON USE OF FUNDS FOR SERVICE
ACADEMY PREPARATORY SCHOOL TEST PRO-
GRAM.
Notwithstanding any other provision of law, none of
the funds authorized to be appropriated by this Act, or oth-
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erwise made available, to the Department of Defense may
be obligated to carry out a test program for determining
the cost effectiveness of transferring to the private sector the
mission of operating one or more preparatory schools for
the United States Military Academy, the United States
Naval Academy, and the United States Air Force Academy.
SEC. 559. CENTRALIZED JUDICIAL REVIEW OF DEPART-
MENT OF DEFENSE PERSONNEL ACTIONS.
(a) ESTABLISHMENT.—The Secretary of Defense and
the Attorney General shall jointly establish an advisory
panel on centralized review of Department of Defense ad-
ministrative personnel actions.
(b) MEMBERSHIP.—(1) The panel shall be composed
of five members appointed as follows:
(A) One member appointed by the Chief Justice
of the United States.
(B) Three members appointed by the Secretary of
Defense.
(C) One member appointed by the Attorney Gen-
eral.
(2) The Secretary of Defense shall designate one of the
members appointed under paragraph (1)(B) to serve as
chairman of the panel.
(3) All members shall be appointed not later than 30
days after the date of the enactment of this Act.
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(4) The panel shall meet at the call of the chairman.
The panel shall hold its first meeting not later than 30 days
after the date on which all members have been appointed.
(c) DUTIES.—The panel shall review, and provide
findings and recommendations in accordance with sub-
section (d) regarding, the following matters:
(1) Whether the existing practices with regard to
judicial review of administrative personnel actions of
the Department of Defense are appropriate and ade-
quate.
(2) Whether a centralized judicial review of ad-
ministrative personnel actions should be established.
(3) Whether the United States Court of Appeals
for the Armed Forces should conduct such reviews.
(d) REPORT.—(1) Not later than December 15, 1996,
the panel shall submit a report on the findings and rec-
ommendations of the panel to the Secretary of Defense and
the Attorney General.
(2) Not later than January 1, 1997, the Secretary of
Defense and the Attorney General shall jointly transmit the
panel’s report to Congress. The Secretary and the Attorney
General may include in the transmittal any joint com-
ments on the report that they consider appropriate, and ei-
ther such official may include in the transmittal any sepa-
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rate comments on the report that such official considers ap-
propriate.
(e) TERMINATION OF PANEL.—The panel shall termi-
nate 30 days after the date of submission of the report to
the Secretary of Defense and the Attorney General under
subsection (d).
SEC. 560. DELAY IN REORGANIZATION OF ARMY ROTC RE-
GIONAL HEADQUARTERS STRUCTURE.
(a) DELAY.—The Secretary of the Army may not take
any action to reorganize the regional headquarters and
basic camp structure of the Reserve Officers Training Corps
program of the Army until six months after the date on
which the report required by subsection (d) is submitted.
(b) COST-BENEFIT ANALYSIS.—The Secretary of the
Army shall conduct a comparative cost-benefit analysis of
various options for the reorganization of the regional head-
quarters and basic camp structure of the Army ROTC pro-
gram. As part of such analysis, the Secretary shall measure
each reorganization option considered against a common
set of criteria.
(c) SELECTION OF REORGANIZATION OPTION FOR IM-
PLEMENTATION.—Based on the findings resulting from the
cost-benefit analysis under subsection (b) and such other
factors as the Secretary considers appropriate, the Sec-
retary shall select one reorganization option for implemen-
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tation. The Secretary may select an option for implementa-
tion only if the Secretary finds that the cost-benefit analysis
and other factors considered clearly demonstrate that such
option, better than any other option considered—
(1) provides the structure to meet projected mis-
sion requirements;
(2) achieves the most significant personnel and
cost savings;
(3) uses existing basic and advanced camp facili-
ties to the maximum extent possible;
(4) minimizes additional military construction
costs; and
(5) makes maximum use of the reserve compo-
nents to support basic and advanced camp oper-
ations, thereby minimizing the effect of those oper-
ations on active duty units.
(d) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report describing the reorganization op-
tion selected under subsection (c). The report shall include
the results of the cost-benefit analysis under subsection (b)
and a detailed rationale for the reorganization option se-
lected.
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TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any
adjustment required by section 1009 of title 37, United
States Code, in elements of compensation of members of the
uniformed services to become effective during fiscal year
1996 shall not be made.
(b) INCREASE IN BASIC PAY AND BAS.—Effective on
January 1, 1996, the rates of basic pay and basic allowance
for subsistence of members of the uniformed services are in-
creased by 2.4 percent.
(c) INCREASE IN BAQ.—Effective on January 1, 1996,
the rates of basic allowance for quarters of members of the
uniformed services are increased by 5.2 percent.
SEC. 602. ELECTION OF BASIC ALLOWANCE FOR QUARTERS
INSTEAD OF ASSIGNMENT TO INADEQUATE
QUARTERS.
(a) ELECTION AUTHORIZED.—Section 403(b) of title
37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by designating the second sentence as para-
graph (2) and, as so designated, by striking out
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‘‘However, subject’’ and inserting in lieu thereof
‘‘Subject’’; and
(3) by adding at the end the following:
‘‘(3) A member without dependents who is in pay
grade E–6 and who is assigned to quarters of the United
States that do not meet the minimum adequacy standards
established by the Department of Defense for members in
such pay grade, or to a housing facility under the jurisdic-
tion of a uniformed service that does not meet such stand-
ards, may elect not to occupy such quarters or facility and
instead to receive the basic allowance for quarters prescribed
for his pay grade by this section.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on July 1, 1996.
SEC. 603. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS
TO MEMBERS OF THE UNIFORMED SERVICES
IN PAY GRADE E–6 WHO ARE ASSIGNED TO
SEA DUTY.
(a) PAYMENT AUTHORIZED.—Section 403(c)(2) of title
37, United States Code, is amended—
(1) in the first sentence, by striking out ‘‘E–7’’
and inserting in lieu thereof ‘‘E–6’’; and
(2) in the second sentence, by striking out ‘‘E–
6’’ and inserting in lieu thereof ‘‘E–5’’.
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(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on July 1, 1996.
SEC. 604. LIMITATION ON REDUCTION OF VARIABLE HOUS-
ING ALLOWANCE FOR CERTAIN MEMBERS.
(a) LIMITATION ON REDUCTION IN VHA.—Subsection
(c)(3) of section 403a of title 37, United States Code, is
amended by adding at the end the following new sentence:
‘‘However, on and after January 1, 1996, the monthly
amount of a variable housing allowance under this section
for a member of a uniformed service with respect to an area
may not be reduced so long as the member retains uninter-
rupted eligibility to receive a variable housing allowance
within that area and the member’s certified housing costs
are not reduced, as indicated by certifications provided by
the member under subsection (b)(4).’’.
(b) EFFECT
ON TOTAL AMOUNT AVAILABLE
FOR
VHA.—Subsection (d)(3) of such section is amended by in-
serting after the first sentence the following new sentence:
‘‘In addition, the total amount determined under para-
graph (1) shall be adjusted to ensure that sufficient amounts
are available to allow payment of any additional amounts
of variable housing allowance necessary as a result of the
requirements of the second sentence of subsection (c)(3).’’.
(c) REPORT ON IMPLEMENTATION.—Not later than
June 1, 1996, the Secretary of Defense shall submit to Con-
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gress a report describing the procedures to be used to imple-
ment the amendments made by this section and the costs
of such amendments.
SEC. 605. CLARIFICATION OF LIMITATION ON ELIGIBILITY
FOR FAMILY SEPARATION ALLOWANCE.
Section 427(b)(4) of title 37, United States Code, is
amended by inserting ‘‘paragraph (1)(A) of’’ after ‘‘not en-
titled to an allowance under’’ in the first sentence.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE
FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1996’’ and inserting in lieu
thereof ‘‘September 30, 1997’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1996’’ and inserting in lieu
thereof ‘‘September 30, 1997’’.
(c) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1996’’ and inserting in lieu
thereof ‘‘September 30, 1997’’.
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(d) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section 308h(g) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1996’’ and
inserting in lieu thereof ‘‘September 30, 1997’’.
(e) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(i) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1996’’ and inserting in lieu thereof
‘‘September 30, 1997’’.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY FOR NURSE OFFICER CANDIDATES, REG-
ISTERED 
NURSES, 
AND 
NURSE 
ANES-
THETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code,
is amended by striking out ‘‘September 30, 1996’’ and in-
serting in lieu thereof ‘‘September 30, 1997’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1996’’ and insert-
ing in lieu thereof ‘‘September 30, 1997’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1996’’ and
inserting in lieu thereof ‘‘September 30, 1997’’.
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SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL
PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section
301b(a) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1996,’’ and inserting in lieu thereof
‘‘September 30, 1997’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1996’’ and inserting in lieu
thereof ‘‘September 30, 1997’’.
(c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—
Sections 308a(c) and 308f(c) of title 37, United States Code,
are each amended by striking out ‘‘September 30, 1996’’
and inserting in lieu thereof ‘‘September 30, 1997’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE
SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR-
ITY UNITS.—Section 308d(c) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1996’’ and
inserting in lieu thereof ‘‘September 30, 1997’’.
(e) REPAYMENT OF EDUCATION LOANS FOR CERTAIN
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED
RESERVE.—Section 16302(d) of title 10, United States
Code, is amended by striking out ‘‘October 1, 1996’’ and
inserting in lieu thereof ‘‘October 1, 1997’’.
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(f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME
HEALTH SPECIALISTS IN THE SELECTED RESERVES.—Sec-
tion 613(d) of the National Defense Authorization Act, Fis-
cal Year 1989 (37 U.S.C. 302 note) is amended by striking
out ‘‘September 30, 1996’’ and inserting in lieu thereof
‘‘September 30, 1997’’.
(g) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)
of title 37, United States Code, is amended by striking out
‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1997’’.
(h) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1996’’ and inserting in lieu thereof
‘‘September 30, 1997’’.
(i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of title 37, United States Code, is amended
by striking out ‘‘October 1, 1996’’ and inserting in lieu
thereof ‘‘October 1, 1997’’.
SEC. 614. HAZARDOUS DUTY INCENTIVE PAY FOR WARRANT
OFFICERS AND ENLISTED MEMBERS SERVING
AS AIR WEAPONS CONTROLLERS.
Section 301 of title 37, United States Code, is amend-
ed—
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(1) in subsection (a)(11), by striking out ‘‘an of-
ficer (other than a warrant officer)’’ and inserting in
lieu thereof ‘‘a member of a uniformed service’’; and
(2) in subsection (c)(2)—
(A) by striking out ‘‘an officer’’ each place
it appears and inserting in lieu thereof ‘‘a mem-
ber’’;
(B) in subparagraph (A), by striking out
the table and inserting in lieu thereof the follow-
ing:
‘‘Pay grade
Years of service as an air weapons controller
2 or less
Over 2
Over 3
Over 4
Over 6
Over 8
Over 10
‘‘O–7 and above ....................
$200
$200
$200
$200
$200
$200
$200
‘‘O–6 ......................................
225
250
300
325
350
350
350
‘‘O–5 ......................................
200
250
300
325
350
350
350
‘‘O–4 ......................................
175
225
275
300
350
350
350
‘‘O–3 ......................................
125
156
188
206
350
350
350
‘‘O–2 ......................................
125
156
188
206
250
300
300
‘‘O–1 ......................................
125
156
188
206
250
250
250
‘‘W–4 ......................................
200
225
275
300
325
325
325
‘‘W–3 ......................................
175
225
275
300
325
325
325
‘‘W–2 ......................................
150
200
250
275
325
325
325
‘‘W–1 ......................................
100
125
150
175
325
325
325
‘‘E–9 ......................................
200
225
250
275
300
300
300
‘‘E–8 ......................................
200
225
250
275
300
300
300
‘‘E–7 ......................................
175
200
225
250
275
275
275
‘‘E–6 ......................................
156
175
200
225
250
250
250
‘‘E–5 ......................................
125
156
175
188
200
200
200
‘‘E–4 and below ....................
125
156
175
188
200
200
200
Over 12
Over 14
Over 16
Over 18
Over 20
Over 22
Over 24
Over 25
‘‘O–7 and above ....................
$200
$200
$200
$200
$200
$200
$200
$110
‘‘O–6 ......................................
350
350
350
350
300
250
250
225
‘‘O–5 ......................................
350
350
350
350
300
250
250
225
‘‘O–4 ......................................
350
350
350
350
300
250
250
225
‘‘O–3 ......................................
350
350
350
300
275
250
225
200
‘‘O–2 ......................................
300
300
300
275
245
210
200
180
‘‘O–1 ......................................
250
250
250
245
210
200
180
150
‘‘W–4 ......................................
325
325
325
325
276
250
225
200
‘‘W–3 ......................................
325
325
325
325
325
250
225
200
‘‘W–2 ......................................
325
325
325
325
275
250
225
200
‘‘W–1 ......................................
325
325
325
325
275
250
225
200
‘‘E–9 ......................................
300
300
300
300
275
230
200
200
‘‘E–8 ......................................
300
300
300
300
265
230
200
200
‘‘E–7 ......................................
300
300
300
300
265
230
200
200
‘‘E–6 ......................................
300
300
300
300
265
230
200
200
‘‘E–5 ......................................
250
250
250
250
225
200
175
150
‘‘E–4 and below ....................
200
200
200
200
175
150
125
125’’;
and
(C) in subparagraph (B), by striking out
‘‘the officer’’ each place it appears and inserting
in lieu thereof ‘‘the member’’.
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SEC. 615. AVIATION CAREER INCENTIVE PAY.
(a) YEARS
OF OPERATIONAL FLYING DUTIES RE-
QUIRED.—Paragraph (4) of section 301a(a) of title 37,
United States Code, is amended in the first sentence by
striking out ‘‘9’’ and inserting in lieu thereof ‘‘8’’.
(b) EXERCISE OF WAIVER AUTHORITY.—Paragraph
(5) of such section is amended by inserting after the second
sentence the following new sentence: ‘‘The Secretary con-
cerned may not delegate the authority in the preceding sen-
tence to permit the payment of incentive pay under this
subsection.’’.
SEC. 616. CLARIFICATION OF AUTHORITY TO PROVIDE SPE-
CIAL PAY FOR NURSES.
Section 302c(d)(1) of title 37, United States Code, is
amended—
(1) by striking out ‘‘or an officer’’ and inserting
in lieu thereof ‘‘an officer’’; and
(2) by inserting before the semicolon the follow-
ing: ‘‘, an officer of the Nurse Corps of the Army or
Navy, or an officer of the Air Force designated as a
nurse’’.
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SEC. 617. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY
FOR CREW MEMBERS OF SHIPS DESIGNATED
AS TENDERS.
Section 305a(d)(1) of title 37, United States Code, is
amended by striking out subparagraph (A) and inserting
in lieu thereof the following:
‘‘(A) while permanently or temporarily assigned
to a ship, ship-based staff, or ship-based aviation unit
and—
‘‘(i) while serving on a ship the primary
mission of which is accomplished while under
way;
‘‘(ii) while serving as a member of the off-
crew of a two-crewed submarine; or
‘‘(iii) while serving as a member of a ten-
der-class ship (with the hull classification of sub-
marine or destroyer); or’’.
SEC. 618. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY
ASSIGNMENT PAY FOR ENLISTED MEMBERS
SERVING AS RECRUITERS.
(a) SPECIAL MAXIMUM RATE FOR RECRUITERS.—Sec-
tion 307(a) of title 37, United States Code, is amended by
adding at the end the following new sentence: ‘‘In the case
of a member who is serving as a military recruiter and
is eligible for special duty assignment pay under this sub-
section by reason of such duty, the Secretary concerned may
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increase the monthly rate of special duty assignment pay
for the member to not more than $375.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on January 1, 1996.
Subtitle C—Travel and
Transportation Allowances
SEC. 621. CALCULATION ON BASIS OF MILEAGE TABLES OF
SECRETARY OF DEFENSE: REPEAL OF RE-
QUIREMENT.
Section 404(d)(1)(A) of title 37, United States Code,
is amended by striking out ‘‘, based on distances established
over the shortest usually traveled route, under mileage tables
prepared under the direction of the Secretary of Defense’’.
SEC. 622. DEPARTURE ALLOWANCES.
(a) ELIGIBILITY WHEN EVACUATION AUTHORIZED
BUT NOT ORDERED.—Section 405a(a) of title 37, United
States Code, is amended by striking out ‘‘ordered’’ each
place it appears and inserting in lieu thereof ‘‘authorized
or ordered’’.
(b) EFFECTIVE
DATE
AND
APPLICABILITY.—The
amendment made by subsection (a) shall take effect on Octo-
ber 1, 1995, and shall apply to persons authorized or or-
dered to depart as described in section 405a(a) of title 37,
United States Code, on or after such date.
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SEC. 623. DISLOCATION ALLOWANCE FOR MOVES RESULT-
ING FROM A BASE CLOSURE OR REALIGN-
MENT.
Section 407(a) of title 37, United States Code, is
amended by—
(1) by striking out ‘‘or’’ at the end of paragraph
(3);
(2) by striking out the period at the end of para-
graph (4) and inserting in lieu thereof ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(5) the member is ordered to move in connec-
tion with the closure or realignment of a military in-
stallation and, as a result, the member’s dependents
actually move or, in the case of a member without de-
pendents, the member actually moves.’’.
SEC. 624. TRANSPORTATION OF NONDEPENDENT CHILD
FROM SPONSOR’S STATION OVERSEAS AFTER
LOSS OF DEPENDENT STATUS WHILE OVER-
SEAS.
Section 406(h)(1) of title 37, United States Code, is
amended by striking out the last sentence and inserting in
lieu thereof the following new sentence: ‘‘If a member re-
ceives for an unmarried child of the member transportation
in kind to the member’s station outside the United States
or in Hawaii or Alaska, reimbursement therefor, or a mone-
tary allowance in place thereof and, while the member is
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serving at that station, the child ceases to be a dependent
of the member by reason of ceasing to satisfy an age require-
ment in section 401(a)(2) of this title or ceasing to be en-
rolled in an institution of higher education as described in
subparagraph (C) of such section, the child shall be treated
as a dependent of the member for purposes of this sub-
section.’’.
Subtitle 
D—Commissaries 
and
Nonappropriated Fund Instru-
mentalities
SEC. 631. USE OF COMMISSARY STORES BY MEMBERS OF
THE READY RESERVE.
(a) PERIOD OF USE.—Section 1063 of title 10, United
States Code, is amended—
(1) in subsection (a)(1)—
(A) by inserting ‘‘for a period of one year
on the same basis as members on active duty’’
before the period at the end of the first sentence;
and
(B) by striking out the second sentence;
(2) by striking out subsection (b); and
(3) by redesignating subsection (c) as subsection
(b).
(b) CONFORMING AND CLERICAL AMENDMENTS.—(1)
The heading for such section is amended to read as follows:
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‘‘§ 1063. Commissary stores: use by members of the
Ready Reserve’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 54 of title 10, United
State Code, is amended to read as follows:
‘‘1063. Commissary stores: use by members of the Ready Reserve.’’.
SEC. 632. USE OF COMMISSARY STORES BY RETIRED RE-
SERVES UNDER AGE 60 AND THEIR SURVI-
VORS.
(a) ELIGIBILITY.—Section 1064 of title 10, United
States Code, is amended to read as follows:
‘‘§ 1064. Commissary stores: use by retired Reserves
under age 60 and their survivors
‘‘(a) RETIRED RESERVES UNDER AGE 60.—Members
of the reserve components under 60 years of age who, but
for age, would be eligible for retired pay under chapter 1223
of this title (or under chapter 67 of this title as in effect
before December 1, 1994) shall be authorized to use com-
missary stores of the Department of Defense on the same
basis as members and former members of the armed forces
who have retired entitled to retired or retainer pay under
chapter 367, 571, or 867 of this title.
‘‘(b) SURVIVORS.—If a person authorized to use com-
missary stores under subsection (a) dies before attaining 60
years of age, the surviving dependents of the deceased person
shall be authorized to use commissary stores of the Depart-
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ment of Defense on the same basis as the surviving depend-
ents of persons who die after being retired entitled to retired
or retainer pay under chapter 367, 571, or 867 of this title.
‘‘(c) USE SUBJECT TO REGULATIONS.—Use of com-
missary stores under this section is subject to regulations
prescribed by the Secretary of Defense.’’.
(b) CLERICAL AMENDMENT.—The item relating to
such section in the table of sections at the beginning of chap-
ter 54 of title 10, United States Code, is amended to read
as follows:
‘‘1064. Commissary stores: use by retired Reserves under age 60 and their survi-
vors.’’.
SEC. 633. USE OF MORALE, WELFARE, AND RECREATION FA-
CILITIES BY MEMBERS OF RESERVE COMPO-
NENTS AND DEPENDENTS: CLARIFICATION
OF ENTITLEMENT.
Section 1065 of title 10, United States Code, is amend-
ed to read as follows:
‘‘§ 1065. Use of certain morale, welfare, and recre-
ation facilities by members of reserve com-
ponents and dependents
‘‘(a) MEMBERS OF THE SELECTED RESERVE.—Mem-
bers of the Selected Reserve in good standing (as determined
by the Secretary concerned) shall be permitted to use MWR
retail facilities on the same basis as members on active
duty.
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‘‘(b) MEMBERS
OF READY RESERVE NOT
IN SE-
LECTED RESERVE.—Subject to such regulations as the Sec-
retary of Defense may prescribe, members of the Ready Re-
serve (other than members of the Selected Reserve) may be
permitted to use MWR retail facilities on the same basis
as members serving on active duty.
‘‘(c) RETIREES UNDER AGE 60.—Members of the re-
serve components under 60 years of age who, but for age,
would be eligible for retired pay under chapter 1223 of this
title (or under chapter 67 of this title as in effect before
December 1, 1994) shall be permitted to use MWR retail
facilities on the same basis as members and former members
of the armed forces who have retired entitled to retired or
retainer pay under chapter 367, 571, or 867 of this title.
‘‘(d) DEPENDENTS.—(1) Dependents of members re-
ferred to in subsection (a) shall be permitted to use MWR
retail facilities on the same basis as dependents of members
on active duty.
‘‘(2) Dependents of members referred to in subsection
(c) shall be permitted to use MWR retail facilities on the
same basis as dependents of members and former members
of the armed forces who have retired entitled to retired or
retainer pay under chapter 367, 571, or 867 of this title.
‘‘(e) MWR RETAIL FACILITY DEFINED.—In this sec-
tion, the term ‘MWR retail facilities’ means exchange stores
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and other revenue generating facilities operated by
nonappropriated fund activities of the Department of De-
fense for the morale, welfare, and recreation of members of
the armed forces.’’.
Subtitle E—Other Matters
SEC. 641. COST-OF-LIVING INCREASES FOR RETIRED PAY.
(a) MODIFICATION OF DELAYS.—Clause (ii) of section
1401a(b)(2)(B) of title 10, United States Code, is amend-
ed—
(1) by striking out ‘‘1994, 1995, 1996, or 1997’’
and inserting in lieu thereof ‘‘1994 or 1995’’; and
(2) by striking out ‘‘September’’ and inserting in
lieu thereof ‘‘March’’.
(b) CONFORMING AMENDMENT.—The captions for such
section 1401a(2)(B) and for clause (ii) of such section are
amended by striking out ‘‘THROUGH 1998’’ and inserting in
lieu thereof ‘‘THROUGH 1996’’.
(c) REPEAL
OF SUPERSEDED PROVISION.—Section
8114A of Public Law 103–335 (108 Stat. 2648) is repealed.
SEC. 642. ELIGIBILITY FOR RETIRED PAY FOR NON-REGU-
LAR SERVICE DENIED FOR MEMBERS RECEIV-
ING CERTAIN SENTENCES IN COURTS-MAR-
TIAL.
Section 12731 of title 10, United States Code, is
amended—
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(1) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following
new subsection:
‘‘(d) A person who is convicted of an offense under the
Uniform Code of Military Justice (chapter 47 of this title),
and whose executed sentence includes death, a dishonorable
discharge, a bad conduct discharge, or (in the case of an
officer) a dismissal is not eligible for retired pay under this
chapter.’’.
SEC. 643. RECOUPMENT OF ADMINISTRATIVE EXPENSES IN
GARNISHMENT ACTIONS.
(a) IN GENERAL.—Subsection (j) of section 5520a of
title 5, United States Code, is amended by striking out
paragraph (2) and inserting in lieu thereof the following
new paragraph (2):
‘‘(2) Such regulations shall provide that an agency’s
administrative costs in executing legal process to which the
agency is subject under this section shall be deducted from
the amount withheld from the pay of the employee con-
cerned pursuant to the legal process.’’.
(b) INVOLUNTARY ALLOTMENTS OF PAY OF MEMBERS
OF THE UNIFORMED SERVICES.—Subsection (k) of such sec-
tion is amended—
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(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the follow-
ing new paragraph (3):
‘‘(3) Regulations under this subsection may also pro-
vide that the administrative costs in establishing and main-
taining an involuntary allotment be deducted from the
amount withheld from the pay of the member of the uni-
formed services concerned pursuant to such regulations.’’.
(c) DISPOSITION OF AMOUNTS WITHHELD FOR ADMIN-
ISTRATIVE EXPENSES.—Such section is further amended by
adding at the end the following:
‘‘(l) The amount of an agency’s administrative costs
deducted under regulations prescribed pursuant to sub-
section (j)(2) or (k)(2) shall be credited to the appropria-
tion, fund, or account from which such administrative costs
were paid.’’.
SEC. 644. AUTOMATIC MAXIMUM COVERAGE UNDER SERV-
ICEMEN’S GROUP LIFE INSURANCE.
Section 1967 of title 38, United States Code, is amend-
ed—
(1) in subsections (a) and (c), by striking out
‘‘$100,000’’ each place it appears and inserting in
lieu thereof in each instance ‘‘$200,000’’;
(2) by striking out subsection (e); and
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(3) by redesignating subsection (f) as subsection
(e).
SEC. 645. TERMINATION OF SERVICEMEN’S GROUP LIFE IN-
SURANCE FOR MEMBERS OF THE READY RE-
SERVE WHO FAIL TO PAY PREMIUMS.
Section 1968(a)(4) of title 38, United States Code, is
amended—
(1) by striking out the period at the end of sub-
paragraph (C) and inserting in lieu thereof a semi-
colon; and
(2) by adding at the end the following:
‘‘except that, if the member fails to make a direct re-
mittance of a premium for the insurance to the Sec-
retary when required to do so, the insurance shall
cease with respect to the member 120 days after the
date on which the Secretary transmits a notification
of the termination by mail addressed to the member
at the member’s last known address, unless the Sec-
retary accepts from the member full payment of the
premiums in arrears within such 120-day period.’’.
SEC. 646. REPORT ON EXTENDING TO JUNIOR NONCOMMIS-
SIONED OFFICERS PRIVILEGES PROVIDED
FOR SENIOR NONCOMMISSIONED OFFICERS.
(a) REPORT REQUIRED.—Not later than February 1,
1996, the Secretary of Defense shall submit to Congress a
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report containing the determinations of the Secretary re-
garding whether, in order to improve the working condi-
tions of noncommissioned officers in pay grades E–5 and
E–6, any of the privileges afforded noncommissioned offi-
cers in any of the pay grades above E–6 should be extended
to noncommissioned officers in pay grades E–5 and E–6.
(b) SPECIFIC RECOMMENDATION REGARDING ELEC-
TION OF BAS.—The Secretary shall include in the report
a determination on whether noncommissioned officers in
pay grades E–5 and E–6 should be afforded the same privi-
lege as noncommissioned officers in pay grades above E–
6 to elect to mess separately and receive the basic allowance
for subsistence.
(c) ADDITIONAL MATTERS.—The report shall also con-
tain a discussion of the following matters:
(1) The potential costs of extending additional
privileges to noncommissioned officers in pay grades
E–5 and E–6.
(2) The effects on readiness that would result
from extending the additional privileges.
(3) The options for extending the privileges on
an incremental basis over an extended period.
(d) RECOMMENDED
LEGISLATION.—The Secretary
shall include in the report any recommended legislation
that the Secretary considers necessary in order to authorize
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extension of a privilege as determined appropriate under
subsection (a).
SEC. 647. PAYMENT TO SURVIVORS OF DECEASED MEM-
BERS OF THE UNIFORMED SERVICES FOR ALL
LEAVE ACCRUED.
(a) INAPPLICABILITY OF 60-DAY LIMITATION.—Sec-
tion 501(d) of title 37, United States Code, is amended—
(1) in paragraph (1), by striking out the third
sentence; and
(2) by striking out paragraph (2) and inserting
in lieu thereof the following:
‘‘(2) The limitations in the second sentence of sub-
section (b)(3), subsection (f), and the second sentence of sub-
section (g) shall not apply with respect to a payment made
under this subsection.’’.
(b) CONFORMING AMENDMENT.—Section 501(f) of such
title is amended by striking out ‘‘, (d),’’ in the first sentence.
SEC. 648. ANNUITIES FOR CERTAIN MILITARY SURVIVING
SPOUSES.
(a) STUDY REQUIRED.—(1) The Secretary of Defense
shall conduct a study to determine the quantitative results
(described in subsection (b)) of enactment and exercise of
authority for the Secretary of the military department con-
cerned to pay an annuity to the qualified surviving spouse
of each member of the Armed Forces who—
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(A) died before March 21, 1974, and was entitled
to retired or retainer pay on the date of death; or
(B) was a member of a reserve component of the
Armed Forces during the period beginning on Sep-
tember 21, 1972, and ending on October 1, 1978, and
at the time of his death would have been entitled to
retired pay under chapter 67 of title 10, United
States Code (as in effect before December 1, 1994), but
for the fact that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of para-
graph (1) is a surviving spouse who has not remarried and
who is not eligible for an annuity under section 4 of Public
Law 92–425 (10 U.S.C. 1448 note).
(b) REQUIRED DETERMINATIONS.—By means of the
study required under subsection (a), the Secretary shall de-
termine the following matters:
(1) The number of unremarried surviving
spouses of deceased members and deceased former
members of the Armed Forces referred to in subpara-
graph (A) of subsection (a)(1) who would be eligible
for an annuity under authority described in such sub-
section.
(2) The number of unremarried surviving
spouses of deceased members and deceased former
members of reserve components of the Armed Forces
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referred to in subparagraph (B) of subsection (a)(1)
who would be eligible for an annuity under authority
described in such subsection.
(3) The number of persons in each group of
unremarried former spouses described in paragraphs
(1) and (2) who are receiving a widow’s insurance
benefit or a widower’s insurance benefit under title II
of the Social Security Act on the basis of employment
of a deceased member or deceased former member re-
ferred to in subsection (a)(1).
(c) REPORT.—(1) Not later than March 1, 1996, the
Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives a report on
the results of the study.
(2) The Secretary shall include in the report a rec-
ommendation on the amount of the annuity that should be
authorized to be paid under any authority described in sub-
section (a)(1) together with a recommendation on whether
the annuity should be adjusted annually to offset increases
in the cost of living.
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SEC. 649. TRANSITIONAL COMPENSATION FOR DEPEND-
ENTS OF MEMBERS OF THE ARMED FORCES
SEPARATED FOR DEPENDENT ABUSE.
(a) 
CLARIFICATION
OF
ENTITLEMENT.—Section
1059(d) of title 10, United States Code, is amended by strik-
ing out ‘‘of a separation from active duty as’’ in the first
sentence.
(b) EFFECTIVE DATE FOR PROGRAM AUTHORITY.—
Section 554(b)(1) of the National Defense Authorization Act
for Fiscal Year 1994 (107 Stat. 1666; 10 U.S.C. 1059 note)
is amended by striking out ‘‘the date of the enactment of
this Act—’’ and inserting in lieu thereof ‘‘April 1, 1994—
’’.
TITLE VII—HEALTH CARE
Subtitle A—Health Care Services
SEC. 701. MEDICAL CARE FOR SURVIVING DEPENDENTS OF
RETIRED 
RESERVES 
WHO 
DIE 
BEFORE
AGE 60.
Section 1076(b) of title 10, United States Code, is
amended—
(1) in clause (2)—
(A) by striking out ‘‘death (A) would’’ and
inserting in lieu thereof ‘‘death would’’; and
(B) by striking out ‘‘, and (B) had elected
to participate in the Survivor Benefit Plan es-
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tablished under subchapter II of chapter 73 of
this title’’; and
(2) in the second sentence, by striking out ‘‘with-
out regard to subclause (B) of such clause’’.
SEC. 702. DENTAL INSURANCE FOR MEMBERS OF THE SE-
LECTED RESERVE.
(a) PROGRAM AUTHORIZATION.—(1) Chapter 55 of
title 10, United States Code, is amended by inserting after
section 1076a the following new section:
‘‘§ 1076b. Selected Reserve dental insurance
‘‘(a) AUTHORITY TO ESTABLISH PLAN.—The Sec-
retary of Defense shall establish a dental insurance plan
for members of the Selected Reserve of the Ready Reserve.
The plan shall provide for voluntary enrollment and for
premium sharing between the Department of Defense and
the members enrolled in the plan. The plan shall be admin-
istered under regulations prescribed by the Secretary of De-
fense.
‘‘(b) PREMIUM SHARING.—(1) A member enrolling in
the dental insurance plan shall pay a share of the premium
charged for the insurance coverage. The member’s share
may not exceed $25 per month.
‘‘(2) The Secretary of Defense may reduce the monthly
premium required to be paid by enlisted members under
paragraph (1) if the Secretary determines that the reduc-
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tion is appropriate in order to assist enlisted members to
participate in the dental insurance plan.
‘‘(3) A member’s share of the premium for coverage by
the dental insurance plan shall be deducted and withheld
from the basic pay payable to the member for inactive duty
training and from the basic pay payable to the member
for active duty.
‘‘(4) The Secretary of Defense shall pay the portion
of the premium charged for coverage of a member under
the dental insurance plan that exceeds the amount paid by
the member.
‘‘(c) BENEFITS AVAILABLE UNDER THE PLAN.—The
dental insurance plan shall provide benefits for basic dental
care and treatment, including diagnostic services, preventa-
tive services, basic restorative services, and emergency oral
examinations.
‘‘(d) TERMINATION OF COVERAGE.—The coverage of a
member by the dental insurance plan shall terminate on
the last day of the month in which the member is dis-
charged, transfers to the Individual Ready Reserve, Stand-
by Reserve, or Retired Reserve, or is ordered to active duty
for a period of more than 30 days.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1076a the following:
‘‘1076b. Selected Reserve dental insurance.’’.
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(b) AUTHORIZATION
OF APPROPRIATIONS.—Of the
funds authorized to be appropriated under section 301(16),
$9,000,000 shall be available to pay the Department of De-
fense share of the premium required for members covered
by the dental insurance plan established pursuant to section
1076b of title 10, United States Code, as added by sub-
section (a).
SEC. 703. MODIFICATION OF REQUIREMENTS REGARDING
ROUTINE PHYSICAL EXAMINATIONS AND IM-
MUNIZATIONS UNDER CHAMPUS.
Section 1079(a) of title 10, United States Code, is
amended by striking out paragraph (2) and inserting in
lieu thereof the following new paragraph:
‘‘(2) consistent with such regulations as the Sec-
retary of Defense may prescribe regarding the content
of health promotion and disease prevention visits, the
schedule of pap smears and mammograms, and the
types and schedule of immunizations—
‘‘(A) for dependents under six years of age,
both health promotion and disease prevention
visits and immunizations may be provided; and
‘‘(B) for dependents six years of age or
older, health promotion and disease prevention
visits may be provided in connection with im-
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munizations or with diagnostic or preventive
pap smears and mammograms;’’.
SEC. 704. PERMANENT AUTHORITY TO CARRY OUT SPE-
CIALIZED TREATMENT FACILITY PROGRAM.
Section 1105 of title 10, United States Code, is amend-
ed by striking out subsection (h).
SEC. 705. WAIVER OF MEDICARE PART B LATE ENROLL-
MENT PENALTY AND ESTABLISHMENT OF
SPECIAL ENROLLMENT PERIOD FOR CERTAIN
MILITARY RETIREES AND DEPENDENTS.
Section 1837 of the Social Security Act (42 U.S.C.
1395p) is amended by adding at the end the following new
subsection:
‘‘(j)(1) The Secretary shall make special provisions for
the enrollment of an individual who is a covered beneficiary
under chapter 55 of title 10, United States Code, and who
is affected adversely by the closure of a military medical
treatment facility of the Department of Defense pursuant
to a closure or realignment of a military installation.
‘‘(2) The special enrollment provisions required by
paragraph (1) shall be established in regulations issued by
the Secretary. The regulations shall—
‘‘(A) identify individuals covered by paragraph
(1) in accordance with regulations providing for such
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identification that are prescribed by the Secretary of
Defense;
‘‘(B) provide for a special enrollment period of
at least 90 days to be scheduled at some time proxi-
mate to the date on which the military medical treat-
ment facility involved is scheduled to be closed; and
‘‘(C) provide that, with respect to individuals
who enroll pursuant to paragraph (1), the increase in
premiums under section 1839(b) due to late enroll-
ment under this part shall not apply.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘covered beneficiary’ has the mean-
ing given such term in section 1072(5) of title 10,
United States Code;
‘‘(B) the term ‘military medical treatment facil-
ity’ means a facility of a uniformed service referred
to in section 1074(a) of title 10, United States Code,
in which health care is provided; and
‘‘(C) the terms ‘military installation’ and ‘re-
alignment’ have the meanings given such terms—
‘‘(i) in section 209 of the Defense Authoriza-
tion Amendments and Base Closure and Re-
alignment Act (10 U.S.C. 2687 note), in the case
of a closure or realignment under title II of such
Act;
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‘‘(ii) in section 2910 of the Defense Base
Closure and Realignment Act of 1990 (title
XXIX of Public Law 101–510; 10 U.S.C. 2687
note), in the case of a closure or realignment
under such Act; or
‘‘(iii) in subsection (e) of section 2687 of
title 10, United States Code, in the case of a clo-
sure or realignment under such section.’’.
Subtitle B—TRICARE Program
SEC. 711. DEFINITION OF TRICARE PROGRAM AND OTHER
TERMS.
In this subtitle:
(1) The term ‘‘TRICARE program’’ means the
managed health care program that is established by
the Secretary of Defense under the authority of chap-
ter 55 of title 10, United States Code, principally sec-
tion 1097 of such title, and includes the competitive
selection of contractors to financially underwrite the
delivery of health care services under the Civilian
Health and Medical Program of the Uniformed Serv-
ices.
(2) The term ‘‘covered beneficiary’’ means a ben-
eficiary under chapter 55 of title 10, United States
Code, including a beneficiary under section 1074(a)
of such title.
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(3) The term ‘‘Uniformed Services Treatment
Facility’’ means a facility deemed to be a facility of
the uniformed services by virtue of section 911(a) of
the Military Construction Authorization Act, 1982
(42 U.S.C. 248c(a)).
(4) The term ‘‘administering Secretaries’’ has the
meaning given such term in section 1072(3) of title
10, United States Code.
SEC. 712. PROVISION OF TRICARE UNIFORM BENEFITS BY
UNIFORMED SERVICES TREATMENT FACILI-
TIES.
(a) REQUIREMENT.—Subject to subsection (b), upon
the implementation of the TRICARE program in the
catchment area served by a Uniformed Services Treatment
Facility, the facility shall provide to the covered bene-
ficiaries enrolled in a health care plan of such facility the
same health care benefits (subject to the same conditions
and limitations) as are available to covered beneficiaries
in that area under the TRICARE program.
(b) EFFECT ON CURRENT ENROLLEES.—(1) A covered
beneficiary who has been continuously enrolled on and after
October 1, 1995, in a health care plan offered by a Uni-
formed Services Treatment Facility pursuant to a contract
between the Secretary of Defense and the facility may elect
to continue to receive health care benefits in accordance
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with the plan instead of benefits in accordance with sub-
section (a).
(2) The Uniform Services Treatment Facility con-
cerned shall continue to provide benefits to a covered bene-
ficiary in accordance with an election of benefits by that
beneficiary under paragraph (1). The requirement to do so
shall terminate on the effective date of any contract between
the Secretary of Defense and the facility that—
(A) is entered into on or after the date of the
election; and
(B) requires the health care plan offered by the
facility for covered beneficiaries to provide health care
benefits in accordance with subsection (a).
SEC. 713. SENSE OF SENATE ON ACCESS OF MEDICARE ELI-
GIBLE 
BENEFICIARIES 
OF 
CHAMPUS 
TO
HEALTH CARE UNDER TRICARE.
It is the sense of the Senate—
(1) that the Secretary of Defense should develop
a program to ensure that covered beneficiaries who
are eligible for medicare under title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et seq.) and who
reside in a region in which the TRICARE program
has been implemented have adequate access to health
care services after the implementation of the
TRICARE program in that region; and
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(2) to support strongly, as a means of ensuring
such access, the reimbursement of the Department of
Defense by the Secretary of Health and Human Serv-
ices for health care services provided such bene-
ficiaries at the medical treatment facilities of the De-
partment of Defense.
SEC. 714. PILOT PROGRAM OF INDIVIDUALIZED RESIDEN-
TIAL MENTAL HEALTH SERVICES.
(a) PROGRAM REQUIRED.—During fiscal year 1996,
the Secretary of Defense, in consultation with the other ad-
ministering Secretaries, shall carry out a pilot program for
providing wraparound services to covered beneficiaries who
are children in need of mental health services. The Secretary
shall carry out the pilot program in one region in which
the TRICARE program has been implemented as of the be-
ginning of such fiscal year.
(b) WRAPAROUND SERVICES DEFINED.—For purposes
of this section, wraparound services are individualized
mental health services that a provider provides, principally
in a residential setting but also with follow-up services, in
return for payment on a case rate basis. For payment of
the case rate for a patient, the provider incurs the risk that
it will be necessary for the provider to provide the patient
with additional mental health services intermittently or on
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a longer term basis after completion of the services provided
on a residential basis under a treatment plan.
(c) PILOT PROGRAM AGREEMENT.—Under the pilot
program the Secretary of Defense shall enter into an agree-
ment with a provider of mental health services that requires
the provider—
(1) to provide wraparound services to covered
beneficiaries referred to in subsection (a);
(2) to continue to provide such services to each
beneficiary as needed during the period of the agree-
ment even if the patient relocates outside the
TRICARE program region involved (but inside the
United States) during that period; and
(3) to accept as payment for such services an
amount not in excess of the amount of the standard
CHAMPUS residential treatment clinic benefit pay-
able with respect to the covered beneficiary concerned
(as determined in accordance with section 8.1 of
chapter 3 of volume II of the CHAMPUS policy man-
ual).
(d) REPORT.—Not later than March 1, 1997, the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives a report on the pro-
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gram carried out under this section. The report shall con-
tain—
(1) an assessment of the effectiveness of the pro-
gram; and
(2) the Secretary’s views regarding whether the
program should be implemented in all regions where
the TRICARE program is carried out.
Subtitle C—Uniformed Services
Treatment Facilities
SEC. 721. DELAY OF TERMINATION OF STATUS OF CERTAIN
FACILITIES AS UNIFORMED SERVICES TREAT-
MENT FACILITIES.
Section 1252(e) of the Department of Defense Author-
ization Act, 1984 (42 U.S.C. 248d(e)) is amended by strik-
ing out ‘‘December 31, 1996’’ in the first sentence and in-
serting in lieu thereof ‘‘September 30, 1997’’.
SEC. 722. APPLICABILITY OF FEDERAL ACQUISITION REGU-
LATION 
TO 
PARTICIPATION 
AGREEMENTS
WITH UNIFORMED SERVICES TREATMENT FA-
CILITIES.
Section 718(c) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1587) is amended—
(1) in the second sentence of paragraph (1), by
striking out ‘‘A participation agreement’’ and insert-
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ing in lieu thereof ‘‘Except as provided in paragraph
(4), a participation agreement’’;
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) APPLICABILITY OF FEDERAL ACQUISITION
REGULATION.—On and after the date of enactment of
the National Defense Authorization Act for Fiscal
Year 1996, the Federal Acquisition Regulation issued
pursuant to section 25(c) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 421(c)) shall apply to
any action to modify an existing participation agree-
ment and to any action by the Secretary of Defense
and a Uniformed Services Treatment Facility to
enter into a new participation agreement.’’.
SEC. 723. APPLICABILITY OF CHAMPUS PAYMENT RULES IN
CERTAIN CASES.
Section 1074 of title 10, United States Code, is amend-
ed by adding at the end the following:
‘‘(d)(1) The Secretary of Defense, after consultation
with the other administering Secretaries, may by regulation
require a private CHAMPUS provider to apply the
CHAMPUS payment rules (subject to any modifications
considered appropriate by the Secretary) in imposing
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charges for health care that the provider provides outside
the catchment area of a Uniformed Services Treatment Fa-
cility to a member of the uniformed services who is enrolled
in a health care plan of the Uniformed Services Treatment
Facility.
‘‘(2) In this subsection:
‘‘(A) The term ‘private CHAMPUS provider’
means a private facility or health care provider that
is a health care provider under the Civilian Health
and Medical Program of the Uniformed Services.
‘‘(B) The term ‘CHAMPUS payment rules’
means the payment rules referred to in subsection (c).
‘‘(C) The term ‘Uniformed Services Treatment
Facility’ means a facility deemed to be a facility of
the uniformed services under section 911(a) of the
Military Construction Authorization Act, 1982 (42
U.S.C. 248c(a)).’’.
Subtitle D—Other Changes to Exist-
ing 
Laws 
Regarding 
Health
Care Management
SEC. 731. INVESTMENT INCENTIVE FOR MANAGED HEALTH
CARE IN MEDICAL TREATMENT FACILITIES.
(a) AVAILABILITY OF 3 PERCENT OF APPROPRIATIONS
FOR TWO FISCAL YEARS.—Chapter 55 of title 10, United
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States Code, is amended by inserting after section 1071 the
following new section:
‘‘§ 1071a. Availability of appropriations
‘‘Of the total amount authorized to be appropriated for
a fiscal year for programs and activities carried out under
this chapter, the amount equal to three percent of such total
amount is authorized to be appropriated to remain avail-
able until the end of the following fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 55 of title 10, United States Code,
is amended by inserting after the item relating to section
1071 the following:
‘‘1071a. Availability of appropriations.’’.
SEC. 732. REVISION AND CODIFICATION OF LIMITATIONS
ON PHYSICIAN PAYMENTS UNDER CHAMPUS.
(a) IN GENERAL.—Section 1079(h) of title 10, United
States Code, is amended to read as follows:
‘‘(h)(1) Subject to paragraph (2), payment for a charge
for services by an individual health care professional (or
other noninstitutional health care provider) for which a
claim is submitted under a plan contracted for under sub-
section (a) shall be limited to the lesser of—
‘‘(A) the amount equivalent to the 80th percentile
of billed charges, as determined by the Secretary of
Defense in consultation with the other administering
Secretaries, for similar services in the same locality
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during a 12-month base period that the Secretary
shall define and may adjust as frequently as the Sec-
retary considers appropriate; or
‘‘(B) the amount payable for charges for such
services (or similar services) under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) as deter-
mined in accordance with the reimbursement rules
applicable to payments for medical and other health
services under that title.
‘‘(2) The amount to be paid to an individual health
care professional (or other noninstitutional health care pro-
vider) shall be determined under regulations prescribed by
the Secretary of Defense in consultation with the other ad-
ministering Secretaries. Such regulations—
‘‘(A) may provide for such exceptions from the
limitation on payments set forth in paragraph (1) as
the Secretary determines necessary to ensure that cov-
ered beneficiaries have adequate access to health care
services, including payment of amounts greater than
the amounts otherwise payable under that paragraph
when enrollees in managed care programs obtain cov-
ered emergency services from nonparticipating pro-
viders; and
‘‘(B) shall establish limitations (similar to those
established under title XVIII of the Social Security
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Act) on beneficiary liability for charges of an individ-
ual health care professional (or other noninstitutional
health care provider).’’.
(b) TRANSITION.—In prescribing regulations under
paragraph (2) of section 1079(h) of title 10, United States
Code, as amended by subsection (a), the Secretary of De-
fense shall provide—
(1) for a period of transition between the pay-
ment methodology in effect under section 1079(h) of
such title, as such section was in effect on the day be-
fore the date of the enactment of this Act, and the
payment methodology under section 1079(h) of such
title, as so amended; and
(2) that the amount payable under such section
1079(h), as so amended, for a charge for a service
under a claim submitted during the period may not
be less than 85 percent of the maximum amount that
was payable under such section 1079(h), in effect on
the day before the date of the enactment of this Act,
for charges for the same service during the 1-year pe-
riod (or a period of other duration that the Secretary
considers appropriate) ending on the day before such
date.
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SEC. 733. PERSONAL SERVICES CONTRACTS FOR MEDICAL
TREATMENT 
FACILITIES 
OF 
THE 
COAST
GUARD.
(a) CONTRACTING AUTHORITY.—Section 1091(a) of
title 10, United States Code, is amended—
(1) by inserting after ‘‘Secretary of Defense’’ the
following: ‘‘, with respect to medical treatment facili-
ties of the Department of Defense, and the Secretary
of Transportation, with respect to medical treatment
facilities of the Coast Guard when the Coast Guard
is not operating as a service in the Navy,’’; and
(2) by striking out ‘‘medical treatment facilities
of the Department of Defense’’ and inserting in lieu
thereof ‘‘such facilities’’.
(b) RATIFICATION OF EXISTING CONTRACTS.—Any ex-
ercise of authority under section 1091 of title 10, United
States Code, to enter into a personal services contract on
behalf of the Coast Guard before the effective date of the
amendments made by subsection (a) is hereby ratified.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the earlier of the date of the
enactment of this Act or October 1, 1995.
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SEC. 734. DISCLOSURE OF INFORMATION IN MEDICARE
AND MEDICAID COVERAGE DATA BANK TO IM-
PROVE 
COLLECTION 
FROM 
RESPONSIBLE
PARTIES FOR HEALTH CARE SERVICES FUR-
NISHED UNDER CHAMPUS.
(a) PURPOSE OF DATA BANK.—Subsection (a) of sec-
tion 1144 of the Social Security Act (42 U.S.C. 1320b–14)
is amended—
(1) by striking out ‘‘and’’ at the end of the para-
graph (1);
(2) by striking out the period at the end of para-
graph (2) and inserting in lieu thereof ‘‘, and’’; and
(3) by adding at the end the following:
‘‘(3) assist in the identification of, and collection
from, third parties responsible for the reimbursement
of the costs incurred by the United States for health
care services furnished to individuals who are covered
beneficiaries under chapter 55 of title 10, United
States Code, upon request by the administering Sec-
retaries.’’.
(b) AUTHORITY TO DISCLOSE INFORMATION.—Sub-
section (b)(2) of such section is amended—
(1) by striking out ‘‘and’’ at the end of subpara-
graph (A);
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(2) by striking out the period at the end of sub-
paragraph (B) and inserting in lieu thereof ‘‘, and’’;
and
(3) by adding at the end the following:
‘‘(C) (subject to the restriction in subsection
(c)(7) of this section) to disclose any other infor-
mation in the Data Bank to the administering
Secretaries for purposes described in subsection
(a)(3) of this section.’’.
(c) DEFINITION.—Subsection (f) of such section is
amended by adding at the end the following:
‘‘(5) ADMINISTERING SECRETARIES.—The term
‘administering Secretaries’ shall have the meaning
given to such term by section 1072(3) of title 10,
United States Code.’’.
Subtitle E—Other Matters
SEC. 741. TRISERVICE NURSING RESEARCH.
(a) PROGRAM AUTHORIZED.—Chapter 104 of title 10,
United States Code, is amended by adding at the end the
following:
‘‘§ 2116. Research on the furnishing of care and serv-
ices by nurses of the armed forces
‘‘(a) PROGRAM AUTHORIZED.—The Board of Regents
of the University may establish at the University a program
of research on the furnishing of care and services by nurses
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in the Armed Forces (hereafter in this section referred to
as ‘military nursing research’). A program carried out
under this section shall be known as the ‘TriService Nursing
Research Program’.
‘‘(b) 
TRISERVICE
RESEARCH
GROUP.—(1) 
The
TriService Nursing Research Program shall be adminis-
tered by a TriService Nursing Research Group composed
of Army, Navy, and Air Force nurses who are involved in
military nursing research and are designated by the Sec-
retary concerned to serve as members of the group.
‘‘(2) The TriService Nursing Research Group shall—
‘‘(A) develop for the Department of Defense rec-
ommended guidelines for requesting, reviewing, and
funding proposed military nursing research projects;
and
‘‘(B) make available to Army, Navy, and Air
Force nurses and Department of Defense officials con-
cerned with military nursing research—
‘‘(i) information about nursing research
projects that are being developed or carried out
in the Army, Navy, and Air Force; and
‘‘(ii) expertise and information beneficial to
the encouragement of meaningful nursing re-
search.
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‘‘(c) RESEARCH TOPICS.—For purposes of this section,
military nursing research includes research on the following
issues:
‘‘(1) Issues regarding how to improve the results
of nursing care and services provided in the armed
forces in time of peace.
‘‘(2) Issues regarding how to improve the results
of nursing care and services provided in the armed
forces in time of war.
‘‘(3) Issues regarding how to prevent complica-
tions associated with battle injuries.
‘‘(4) Issues regarding how to prevent complica-
tions associated with the transporting of patients in
the military medical evacuation system.
‘‘(5) Issues regarding how to improve methods of
training nursing personnel.
‘‘(6) Clinical nursing issues, including such is-
sues as prevention and treatment of child abuse and
spouse abuse.
‘‘(7) Women’s health issues.
‘‘(8) Wellness issues.
‘‘(9) Preventive medicine issues.
‘‘(10) Home care management issues.
‘‘(11) Case management issues.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 104 of such title is amended by
adding at the end the following:
‘‘2116. Research on the furnishing of care and services by nurses of the armed
forces.’’.
SEC. 742. FISHER HOUSE TRUST FUNDS.
(a) ESTABLISHMENT.—(1) Chapter 131 of title 10,
United States Code, is amended by adding at the end the
following:
‘‘§ 2221. Fisher House trust funds
‘‘(a) ESTABLISHMENT.—The following trust funds are
established on the books of the Treasury:
‘‘(1) The Fisher House Trust Fund, Department
of the Army.
‘‘(2) The Fisher House Trust Fund, Department
of the Air Force.
‘‘(b) INVESTMENT.—Funds in the trust funds may be
invested in securities of the United States. Earnings and
gains realized from the investment of funds in a trust fund
shall be credited to the trust fund.
‘‘(c) USE OF FUNDS.—(1) Amounts in the Fisher
House Trust Fund, Department of the Army, that are at-
tributable to earnings or gains realized from investments
shall be available for operation and maintenance of Fisher
houses that are located in proximity to medical treatment
facilities of the Army.
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‘‘(2) Amounts in the Fisher House Trust Fund, De-
partment of the Air Force, that are attributable to earnings
or gains realized from investments shall be available for op-
eration and maintenance of Fisher houses that are located
in proximity to medical treatment facilities of the Air
Force.
‘‘(3) The use of funds under this section is subject to
the requirements of section 1321(b)(2) of title 31.
‘‘(d) FISHER HOUSES DEFINED.—For purposes of this
section, Fisher houses are housing facilities that are located
in proximity to medical treatment facilities of the Army
or Air Force and are available for residential use on a tem-
porary basis by patients at such facilities, members of the
family of such patients, and others providing the equivalent
of familial support for such patients.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following:
‘‘2221. Fisher House trust funds.’’.
(b) CORPUS OF TRUST FUNDS.—(1) The Secretary of
the Treasury shall—
(A) close the accounts established with the funds
that were required by section 8019 of Public Law
102–172 (105 Stat. 1175) and section 9023 of Public
Law 102–396 (106 Stat. 1905) to be transferred to an
appropriated trust fund; and
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(B) transfer the amounts in such accounts to the
Fisher House Trust Fund, Department of the Army,
established by subsection (a)(1) of section 2221 of title
10, United States Code, as added by subsection (a).
(2) The Secretary of the Air Force shall transfer to
the Fisher House Trust Fund, Department of the Air Force,
established by subsection (a)(2) of section 2221 of title 10,
United States Code (as added by section (a)), all amounts
in the accounts for Air Force installations and other facili-
ties that, as of the date of the enactment of this Act, are
available for operation and maintenance of Fisher houses
(as defined in subsection (c) of such section 2221).
(c) CONFORMING AMENDMENTS.—Section 1321 of title
31, United States Code, is amended—
(1) by adding at the end of subsection (a) the fol-
lowing:
‘‘(92) Fisher House Trust Fund, Department of
the Army.
‘‘(93) Fisher House Trust Fund, Department of
the Air Force.’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(B) in the second sentence, by striking out
‘‘Amounts accruing to these funds (except to the
trust fund ‘Armed Forces Retirement Home
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Trust Fund’)’’ and inserting in lieu thereof ‘‘Ex-
cept as provided in paragraph (2), amounts ac-
cruing to these funds’’;
(C) by striking out the third sentence; and
(D) by adding at the end the following:
‘‘(2) Expenditures from the following trust funds shall
be made only under annual appropriations and only if the
appropriations are specifically authorized by law:
‘‘(A) Armed Forces Retirement Home Trust
Fund.
‘‘(B) Fisher House Trust Fund, Department of
the Army.
‘‘(C) Fisher House Trust Fund, Department of
the Air Force.’’.
(d) REPEAL OF SUPERSEDED PROVISIONS.—The fol-
lowing provisions of law are repealed:
(1) Section 8019 of Public Law 102–172 (105
Stat. 1175).
(2) Section 9023 of Public Law 102–396 (106
Stat. 1905).
(3) Section 8019 of Public Law 103–139 (107
Stat. 1441).
(4) Section 8017 of Public Law 103–335 (108
Stat. 2620; 10 U.S.C. 1074 note).
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SEC. 743. APPLICABILITY OF LIMITATION ON PRICES OF
PHARMACEUTICALS PROCURED FOR COAST
GUARD.
Section 8126(b) of title 38, United States Code, is
amended by adding at the end the following:
‘‘(4) The Coast Guard.’’.
SEC. 744. REPORT ON EFFECT OF CLOSURE OF FITZSIMONS
ARMY MEDICAL CENTER, COLORADO, ON PRO-
VISION OF CARE TO MILITARY PERSONNEL
AND DEPENDENTS EXPERIENCING HEALTH
DIFFICULTIES ASSOCIATED WITH PERSIAN
GULF SYNDROME.
Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report that—
(1) assesses the effects of the closure of Fitzsimons
Army Medical Center, Colorado, on the capability of
the Department of Defense to provide appropriate and
adequate health care to members and former members
of the Armed Forces and their dependents who suffer
from undiagnosed illnesses (or combination of ill-
nesses) as a result of service in the Armed Forces in
the Southwest Asia theater of operations during the
Persian Gulf War; and
(2) describes the plans of the Secretary of Defense
and the Secretary of the Army to ensure that ade-
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quate and appropriate health care is available to such
members, former members, and their dependents for
such illnesses.
TITLE VIII—ACQUISITION 
POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS
Subtitle A—Acquisition Reform
SEC. 801. WAIVERS FROM CANCELLATION OF FUNDS.
Notwithstanding section 1552(a) of title 31, United
States Code, funds appropriated for any fiscal year after
fiscal year 1995 that are administratively reserved or com-
mitted for satellite on-orbit incentive fees shall remain
available for obligation and expenditure until the fee is
earned, but only if and to the extent that section 1512 of
title 31, United States Code, the Impoundment Control Act
(2 U.S.C. 681 et seq.), and other applicable provisions of
law are complied with in the reservation and commitment
of funds for that purpose
SEC. 802. PROCUREMENT NOTICE POSTING THRESHOLDS
AND SUBCONTRACTS FOR OCEAN TRANSPOR-
TATION SERVICES.
(a) PROCUREMENT NOTICE POSTING THRESHOLDS.—
Section 18(a)(1)(B) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(a)(1)(B)) is amended—
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(1) by striking out ‘‘subsection (f)—’’ and all
that follows through the end of the subparagraph and
inserting in lieu thereof ‘‘subsection (b); and’’; and
(2) by inserting after ‘‘property or services’’ the
following: for a price expected to exceed $10,000, but
not to exceed $25,000,’’.
(b) SUBCONTRACTS
FOR OCEAN TRANSPORTATION
SERVICES.—Notwithstanding any other provision of law,
neither section 901(b) of the Merchant Marine Act, 1936
(46 U.S.C. 1241(b)) nor section 2631 of title 10, United
States Code, shall be included prior to May 1, 1996 on any
list promulgated under section 34(b) of the Office of Federal
Procurement Policy Act (41 U.S.C. 430(b)).
SEC. 803. PROMPT RESOLUTION OF AUDIT RECOMMENDA-
TIONS.
Section 6009 of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103–355; 108 Stat. 3367, October
14, 1994) is amended to read as follows:
‘‘SEC. 6009. PROMPT MANAGEMENT DECISIONS AND IMPLE-
MENTATION OF AUDIT RECOMMENDATIONS.
‘‘(a) MANAGEMENT DECISIONS.—(1) The head of a
Federal agency shall make management decisions on all
findings and recommendations set forth in an audit report
of the inspector general of the agency within a maximum
of six months after the issuance of the report.
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‘‘(2) The head of a Federal agency shall make manage-
ment decisions on all findings and recommendations set
forth in an audit report of any auditor from outside the
Federal Government within a maximum of six months after
the date on which the head of the agency receives the report.
‘‘(b) COMPLETIONS OF ACTIONS.—The head of a Fed-
eral agency shall complete final action on each management
decision required with regard to a recommendation in an
inspector general’s report under subsection (a)(1) within 12
months after the date of the inspector general’s report. If
the head of the agency fails to complete final action with
regard to a management decision within the 12-month pe-
riod, the inspector general concerned shall identify the mat-
ter in each of the inspector general’s semiannual reports
pursuant to section 5(a)(3) of the Inspector General Act of
1978 (5 U.S.C. App.) until final action on the management
decision is completed.’’.
SEC. 804. TEST PROGRAM FOR NEGOTIATION OF COM-
PREHENSIVE SUBCONTRACTING PLANS.
(a) REVISION OF AUTHORITY.—Subsection (a) of sec-
tion 834 of National Defense Authorization Act for Fiscal
Years 1990 and 1991 (15 U.S.C. 637 note) is amended by
striking out paragraph (1) and inserting in lieu thereof the
following:
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‘‘(1) The Secretary of Defense shall establish a test pro-
gram under which contracting activities in the military de-
partments and the Defense Agencies are authorized to un-
dertake one or more demonstration projects to determine
whether the negotiation and administration of comprehen-
sive subcontracting plans will reduce administrative bur-
dens on contractors while enhancing opportunities provided
under Department of Defense contracts for small business
concerns and small business concerns owned and controlled
by socially and economically disadvantaged individuals. In
selecting the contracting activities to undertake demonstra-
tion projects, the Secretary shall take such action as is nec-
essary to ensure that a broad range of the supplies and serv-
ices acquired by the Department of Defense are included
in the test program.’’.
(b) COVERED CONTRACTORS.—Subsection (b) of such
section is amended by striking out paragraph (3) and in-
serting in lieu thereof the following:
‘‘(3) A Department of Defense contractor referred to
in paragraph (1) is, with respect to a comprehensive sub-
contracting plan negotiated in any fiscal year, a business
concern that, during the immediately preceding fiscal year,
furnished the Department of Defense with supplies or serv-
ices (including professional services, research and develop-
ment services, and construction services) pursuant to at
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least three Department of Defense contracts having an ag-
gregate value of at least $5,000,000.’’.
(c) TECHNICAL
AMENDMENTS.—Such section is
amended—
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection
(g).
SEC. 805. NAVAL SALVAGE FACILITIES.
Chapter 637 of title 10, United States Code, is amend-
ed to read as follows:
‘‘CHAPTER 637—SALVAGE FACILITIES
‘‘Sec.
‘‘7361. Authority to provide for necessary salvage facilities.
‘‘7362. Acquisition and transfer of vessels and equipment.
‘‘7363. Settlement of claims.
‘‘7364. Disposition of receipts.
‘‘§ 7361. Authority to provide for necessary salvage fa-
cilities
‘‘(a) AUTHORITY.—The Secretary of the Navy may
contract or otherwise provide for necessary salvage facilities
for public and private vessels.
‘‘(b) COORDINATION WITH SECRETARY OF TRANSPOR-
TATION.—The Secretary shall submit to the Secretary of
Transportation for comment each proposed salvage contract
that affects the interests of the Department of Transpor-
tation.
‘‘(c) LIMITATION.—The Secretary of the Navy may
enter into a contract under subsection (a) only if the Sec-
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retary determines that available commercial salvage facili-
ties are inadequate to meet the Navy’s requirements and
provides public notice of the intent to enter into such a con-
tract.
‘‘§ 7362. Acquisition and transfer of vessels and equip-
ment
‘‘(a) AUTHORITY.—The Secretary of the Navy may ac-
quire or transfer such vessels and equipment for operation
by private salvage companies as the Secretary considers
necessary.
‘‘(b) AGREEMENT ON USE.—A private recipient of any
salvage vessel or gear shall agree in writing that such vessel
or gear will be used to support organized offshore salvage
facilities for as many years as the Secretary shall consider
appropriate.
‘‘§ 7363. Settlement of claims
‘‘The Secretary of the Navy, or the Secretary’s des-
ignee, may settle and receive payment for any claim by the
United States for salvage services rendered by the Depart-
ment of the Navy.
‘‘§ 7364. Disposition of receipts
‘‘Amounts received under this chapter shall be credited
to appropriations for maintaining naval salvage facilities.
However, any amount received in excess of naval salvage