H. R. 2401—93
SEC. 378. REPORT ON REPLACEMENT SITES FOR ARMY RESERVE
FACILITY IN MARCUS HOOK, PENNSYLVANIA.
Not later than March 1, 1994, the Secretary of the Army
shall submit to the Congress a report evaluating the suitability
of each site within a 100-mile radius of the Army Reserve Facility
in Marcus Hook, Pennsylvania, that may be considered by the
Secretary as a replacement facility for the Army Reserve Facility.
The report shall include a detailed accounting of—
(1) the pier and building space required at the replacement
facility and the pier and building space available at each alter-
native site;
(2) the cost of operating a facility comparable to the Army
Reserve Facility at each alternative site;
(3) the other entities, if any, carrying out activities at
each alternative site and the pier and building space required
by such entities at each alternative site; and
(4) the advantages and disadvantages of locating the facility
at each alternative site.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1994, as follows:
(1) The Army, 540,000.
(2) The Navy, 480,800.
(3) The Marine Corps, 177,000.
(4) The Air Force, 425,700.
SEC. 402. TEMPORARY VARIATION OF END STRENGTH LIMITATIONS
FOR 
MARINE 
CORPS 
MAJORS 
AND 
LIEUTENANT
COLONELS.
(a) VARIATION
AUTHORIZED.—In the administration of the
limitation under section 523(a)(1) of title 10, United States Code,
for fiscal years 1994 and 1995, the numbers applicable to officers
of the Marine Corps serving on active duty in the grades of major
and lieutenant colonel shall be the numbers set forth for that
fiscal year in subsection (b) (rather than the numbers determined
in accordance with the table in that section).
(b) NUMBERS FOR FISCAL YEARS 1994 AND 1995.—The numbers
referred to in subsection (a) are as follows:
Fiscal year:
Number of officers who may
be serving on active duty in
the grade of:
Major
Lieutenant
colonel
1994 ........................................................................
3,023
1,578
1995 ........................................................................
3,157
1,634.
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H. R. 2401—94
SEC. 403. ARMY END STRENGTH.
(a) TIMING OF REDUCTION.—The number of active duty members
of the Army may not be reduced (from the number as of the
date of the enactment of this Act) to a number below 555,000
until after April 30, 1994.
(b) CONDITIONS ON REDUCTION.—After April 30, 1994, the num-
ber of active duty members of the Army may be reduced below
555,000 only if—
(1) the Secretary of Defense has submitted to Congress
a report setting forth in detail—
(A) the method by which the force structure of the
Army in the Bottom Up Review was derived and the pro-
jected active duty end strength for the Army for each
of fiscal years 1995 through 1999;
(B) how the forces recommended in the Bottom Up
Review for the Army for future fiscal years will be able
to carry out the two major regional conflicts strategy; and
(C) what effect peacekeeping operations, peace making
operations, peace enforcing operations, disaster relief oper-
ations, and other operations other than war have on the
ability of the Army to carry out the two major regional
conflicts strategy;
(2) the President (after receiving a report from the Sec-
retary of the Army containing the assessment of the Secretary
on the capabilities of the Army) has submitted to Congress
a report—
(A) containing a certification that the Army is capable
of providing sufficient forces (excluding forces engaged in
peacekeeping operations and other operations other than
war) to carry out two major regional conflicts nearly
simultaneously, in accordance with the National Military
Strategy;
(B) specifying the active Army units anticipated to
deploy within the first 75 days in response to a major
regional conflict that are at the time of the submission
of the report engaged in peacekeeping operations and other
operations other than war; and
(C) containing the President’s estimate of the time
required to redeploy and retrain the forces specified in
subparagraph (B) and subsequently to commit them to
combat in a major regional contingency; and
(3) the President has submitted the report on multinational
peacekeeping and peace enforcement required by section 1502.
(c) LIMITATION ON REDUCTIONS.—If the conditions specified in
subsection (b) are met, the number of active duty members of
the Army may not during fiscal year 1994 be reduced below the
end strength for the Army specified in section 401.
(d) CERTIFICATION UPON PARTICIPATION IN PEACETIME CONTIN-
GENCY OPERATIONS.—Whenever, at a time when the number of
active duty members of the Army is below 555,000, the President
makes a decision to commit elements of the Army to (1) a peacekeep-
ing operation, a peace making operation, or a peace enforcing oper-
ation, or (2) any other operation during peacetime that would
require assignment of a large contingent of personnel or that would
consume significant resources, the President shall submit to Con-
gress a report containing a certification specified in subsection
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H. R. 2401—95
(b)(2)(A). Any such report shall be submitted not later than the
date on which the execution of the operation begins.
(e) END STRENGTH WITHOUT CERTIFICATION.—If the conditions
specified in subsection (b) have not been met as of September
30, 1994, the limitation as of that date for the Army under section
401 shall be 555,000 (rather than the number specified in that
section for the Army).
(f) ACTIVE DUTY MEMBERS
OF
THE ARMY.—For purposes of
this section, active duty members of the Army are those members
of the Army who are on active duty and are counted for purposes
of the active duty end strength limitation under section 401.
(g) BOTTOM UP REVIEW.—For purposes of this section, the
term ‘‘Bottom Up Review’’ means the internal study of the Depart-
ment of Defense conducted during 1993 at the direction of the
Secretary of Defense, the results of which were published in October
1993 in the report entitled ‘‘Report on the Bottom-Up Review’’.
SEC. 404. REPORT ON END STRENGTHS NECESSARY TO MEET LEVELS
ASSUMED IN BOTTOM UP REVIEW.
(a) REPORT REQUIRED.—The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the personnel management actions
programmed to be carried out in order to reach the military force
strength levels assumed as of the end of fiscal year 1999 in the
Bottom Up Review study carried out in the Department of Defense
during 1993.
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following, shown separately for each of the
Army, Navy, Air Force, and Marine Corps:
(1) The active-duty and Selected Reserve end strengths
programmed for each fiscal year through fiscal year 1999.
(2) The number of accessions (shown by type of accession)
programmed for each fiscal year through fiscal year 1999.
(3) The number of separations, shown by category of separa-
tion for both voluntary and involuntary separations, and shown
separately for officers and enlisted personnel, programmed for
each fiscal year through fiscal year 1999.
(4) A description of any other personnel management action
programmed for the purpose stated in subsection (a).
(c) DEADLINE FOR REPORT.—The report under subsection (a)
shall be submitted not later than February 15, 1994.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1994, as follows:
(1) The Army National Guard of the United States, 410,000.
(2) The Army Reserve, 260,000.
(3) The Naval Reserve, 118,000.
(4) The Marine Corps Reserve, 42,200.
(5) The Air National Guard of the United States, 117,700.
(6) The Air Force Reserve, 81,500.
(7) The Coast Guard Reserve, 10,000.
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H. R. 2401—96
(b) WAIVER AUTHORITY.—The Secretary of Defense may increase
the end strength authorized by subsection (a) by not more than
2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
reduced proportionately by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be increased proportionately 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 SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1994, the following number of Reserves to be serving
on full-time active duty or, in the case of members of the National
Guard, full-time National Guard duty for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United States, 24,180.
(2) The Army Reserve, 12,542.
(3) The Naval Reserve, 19,718.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,389.
(6) The Air Force Reserve, 648.
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
(a) SENIOR ENLISTED MEMBERS.—The table in section 517(b)
of title 10, United States Code, is amended to read as follows:
‘‘Grade
Army
Navy
Air Force
Marine
Corps
E–9 .........................................................
569
202
328
E–8 .........................................................
2,585
429
840
74’’.
(b) OFFICERS.—The table in section 524(a) of such title is
amended to read as follows:
‘‘Grade
Army
Navy
Air Force
Marine
Corps
Major or Lieutenant Commander ........
3,219
1,071
575
110
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H. R. 2401—97
‘‘Grade
Army
Navy
Air Force
Marine
Corps
Lieutenant Colonel or Commander .....
1,524
520
636
Colonel or Navy Captain ......................
372
188
274
25’’.
SEC. 414. FORCE STRUCTURE ALLOWANCE FOR ARMY NATIONAL
GUARD.
(a) MINIMUM FORCE STRUCTURE LEVEL.—The force structure
allowance for the Army National Guard of the United States for
fiscal year 1994 shall be not less than 420,000.
(b) FORCE STRUCTURE ALLOWANCE DEFINED.—For purposes of
this section, the force structure allowance for a reserve component
is the allowance prescribed for that reserve component by the
Secretary of the military department concerned pursuant to section
413 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 106 Stat. 2400).
SEC. 415. PERSONNEL LEVEL FOR NAVY CRAFT OF OPPORTUNITY
(COOP) PROGRAM.
(a) FISCAL YEAR 1994.—The Secretary of the Navy shall ensure
that none of the end strength reduction projected for the Naval
Reserve in this Act shall be derived from personnel authorizations
assigned to the Craft of Opportunity mission.
(b) PERMANENT STAFFING LEVEL.—The number of personnel
authorizations assigned to the Craft of Opportunity mission shall
be maintained during fiscal year 1994 and thereafter at not less
than the level in effect on September 30, 1991.
Subtitle C—Military Training Student
Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) IN GENERAL.—For fiscal year 1994, the Armed Forces are
authorized average military training student loads as follows:
(1) The Army, 75,220.
(2) The Navy, 45,269.
(3) The Marine Corps, 22,753.
(4) The Air Force, 33,439.
(b) SCOPE.—The average military training student load author-
ized for an armed force under subsection (a) applies to the active
and reserve components of that armed force.
(c) ADJUSTMENTS.—The average military training student loads
authorized in subsection (a) shall be adjusted consistent with the
end strengths authorized in subtitles A and B. The Secretary of
Defense shall prescribe the manner in which such adjustments
shall be apportioned.
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H. R. 2401—98
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 1994 a total
of $70,183,770,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 1994.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
SEC. 501. YEARS OF SERVICE FOR ELIGIBILITY FOR SEPARATION PAY
FOR REGULAR OFFICERS INVOLUNTARILY DISCHARGED.
(a) PERIOD OF SERVICE REQUIRED FOR ELIGIBILITY.—Section
1174(a)(1) of title 10, United States Code, is amended by striking
out ‘‘five’’ and inserting in lieu thereof ‘‘six’’.
(b) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),
the amendment made by subsection (a) shall apply with respect
to any regular officer who is discharged after the date of the
enactment of this Act.
(2) The amendment made by subsection (a) shall not apply
with respect to an officer who on the date of the enactment of
this Act has five or more, but less than six, years of active service
in the Armed Forces.
SEC. 502. EXPANSION OF ELIGIBILITY FOR VOLUNTARY SEPARATION
INCENTIVE AND SPECIAL SEPARATION BENEFITS PRO-
GRAMS.
Sections 1174a(c)(2) and 1175(d)(1) of title 10, United States
Code, are amended by striking out ‘‘before December 5, 1991’’.
SEC. 503. MEMBERS 
ELIGIBILE 
FOR 
INVOLUNTARY 
SEPARATION
BENEFITS.
Section 1141 of title 10, United States Code, is amended by
inserting ‘‘or on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1994’’ after ‘‘September
30, 1990,’’.
SEC. 504. TEMPORARY AUTHORITY FOR INVOLUNTARY SEPARATION
OF CERTAIN REGULAR WARRANT OFFICERS.
(a) IN GENERAL.—Chapter 33A of title 10, United States Code,
is amended by inserting after section 580 the following new section:
‘‘§ 580a. Enhanced authority for selective early discharges
‘‘(a) The Secretary of Defense may authorize the Secretary
of a military department, during the period beginning on the date
of the enactment of this section and ending on October 1, 1999,
to take the action set forth in subsection (b) with respect to regular
warrant officers of an armed force under the jurisdiction of that
Secretary.
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H. R. 2401—99
‘‘(b) The Secretary of a military department may, with respect
to regular warrant officers of an armed force, when authorized
to do so under subsection (a), convene selection boards under section
573(c) of this title to consider for discharge regular warrant officers
on the warrant officer active-duty list—
‘‘(1) who have served at least one year of active duty
in the grade currently held;
‘‘(2) whose names are not on a list of warrant officers
recommended for promotion; and
‘‘(3) who are not eligible to be retired under any provision
of law and are not within two years of becoming so eligible.
‘‘(c)(1) In the case of an action under subsection (b), the Sec-
retary of the military department concerned may submit to a selec-
tion board convened pursuant to that subsection—
‘‘(A) the names of all regular warrant officers described
in that subsection in a particular grade and competitive cat-
egory; or
‘‘(B) the names of all regular warrant officers described
in that subsection in a particular grade and competitive cat-
egory who also are in particular year groups or specialties,
or both, within that competitive category.
‘‘(2) The Secretary concerned shall specify the total number
of warrant officers to be recommended for discharge by a selection
board convened pursuant to subsection (b). That number may not
be more than 30 percent of the number of officers considered—
‘‘(A) in each grade in each competitive category; or
‘‘(B) in each grade, year group, or specialty (or combination
thereof) in each competitive category.
‘‘(3) The total number of regular warrant officers described
in subsection (b) from any of the armed forces (or from any of
the armed forces in a particular grade) who may be recommended
during a fiscal year for discharge by a selection board convened
pursuant to the authority of that subsection may not exceed 70
percent of the decrease, as compared to the preceding fiscal year,
in the number of warrant officers of that armed force (or the
number of warrant officers of that armed force in that grade)
authorized to be serving on active duty as of the end of that
fiscal year.
‘‘(4) A warrant officer who is recommended for discharge by
a selection board convened pursuant to subsection (b) and whose
discharge is approved by the Secretary concerned shall be dis-
charged on a date specified by the Secretary concerned.
‘‘(5) Selection of warrant officers for discharge under this sub-
section shall be based on the needs of the service.
‘‘(d) The discharge of any warrant officer pursuant to this
section shall be considered involuntary for purposes of any other
provision of law.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 580 the following new item:
‘‘580a. Enhanced authority for selective early discharges.’’.
SEC. 505. DETERMINATION OF SERVICE FOR WARRANT OFFICER
RETIREMENT SANCTUARY.
(a) EQUITY WITH OTHER MEMBERS.—Section 580(a)(4) of title
10, United States Code, is amended—
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H. R. 2401—100
(1) by inserting ‘‘(except as provided in subparagraph (C))’’
in subparagraph (A) after ‘‘shall be separated’’; and
(2) by adding at the end the following new subparagraph:
‘‘(C) If on the date on which a warrant officer is to be separated
under subparagraph (A) the warrant officer has at least 18 years
of creditable active service, the warrant officer shall be retained
on active duty until retired under paragraph (3) in the same manner
as if the warrant officer had had at least 18 years of service
on the applicable date under subparagraph (A) or (B) of that
paragraph.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to warrant officers who have not been separated
pursuant to section 580(a)(4) of title 10, United States Code, before
the date of enactment of this Act.
SEC. 506. OFFICERS INELIGIBLE FOR CONSIDERATION BY EARLY
RETIREMENT BOARDS.
Section 638(e)(2)(B) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(i)’’ after ‘‘grade and competitive category’’;
(2) by inserting ‘‘(ii)’’ after ‘‘of this title, or’’; and
(3) by striking out the comma after ‘‘any provision of law’’.
SEC. 507. REMEDY FOR INEFFECTIVE COUNSELING OF OFFICERS DIS-
CHARGED FOLLOWING SELECTION BY EARLY DISCHARGE
BOARDS.
(a) PROCEDURE FOR REVIEW.—(1) The Secretary of each military
department shall establish a procedure for the review of the individ-
ual circumstances of an officer described in paragraph (2) who
is discharged, or who the Secretary concerned approves for dis-
charge, following the report of a selection board convened by the
Secretary to select officers for separation. The procedure established
by the Secretary of a military department under this section shall
provide that each review under that procedure be carried out by
the Board for the Correction of Military Records of that military
department.
(2) This section applies in the case of any officer (including
a warrant officer) who, having been offered the opportunity to
be discharged or otherwise separated from active duty through
the programs provided under section 1174a and 1175 of title 10,
United States Code—
(A) elected not to accept such discharge or separation;
and
(B) submits an application under subsection (b) during
the two-year period beginning on the later of the date of the
enactment of this Act and the date of such discharge or
separation.
(b) APPLICATION.—A review under this section shall be con-
ducted in any case submitted to the Secretary concerned by applica-
tion from the officer or former officer under regulations prescribed
by the Secretary.
(c) PURPOSE OF REVIEW.—(1) The review under this section
shall be designed to evaluate the effectiveness of the counseling
of the officer before the convening of the board to ensure that
the officer was properly informed that selection for discharge or
other separation from active duty was a potential result of being
within the group of officers to be considered by the board and
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H. R. 2401—101
that the officer was not improperly informed that such selection
in that officer’s personal case was unlikely.
(2) The Board for the Correction of Military Records of a mili-
tary department shall render a decision in each case under this
section not later than 60 days after receipt by the Secretary con-
cerned of an application under subsection (b).
(d) REMEDY.—Upon a finding of ineffective counseling under
subsection (c), the Secretary shall provide the officer the opportunity
to participate, at the officer’s option, in any one of the following
programs for which the officer meets all eligibility criteria:
(1) The Special Separation Benefits program under section
1174a of title 10, United States Code.
(2) The Voluntary Separation Incentive program under sec-
tion 1175 of such title.
(3) Retirement under the authority provided by section
4403 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 106 Stat. 2702; 10 U.S.C. 1293).
(e) EFFECTIVE DATE.—This section shall apply with respect
to officers separated after September 30, 1990.
SEC. 508. TWO-YEAR EXTENSION OF AUTHORITY FOR TEMPORARY
PROMOTION OF CERTAIN NAVY LIEUTENANTS.
(a) EXTENSION.—Section 5721(f) of title 10, United States Code,
is amended by striking out ‘‘September 30, 1993’’ and inserting
in lieu thereof ‘‘September 30, 1995’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of September 30, 1993.
SEC. 509. AWARD 
OF 
CONSTRUCTIVE 
SERVICE 
CREDIT 
FOR
ADVANCED EDUCATION IN A HEALTH PROFESSION UPON
ORIGINAL APPOINTMENT AS AN OFFICER.
(a) CREDIT UPON APPOINTMENT IN A REGULAR COMPONENT.—
Section 533(b)(1) of title 10, United States Code, is amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘Except as provided in clause (E),
in’’ at the beginning of the second sentence and inserting
in lieu thereof ‘‘In’’; and
(B) by striking out ‘‘postsecondary education in excess
of four that are’’ in the second sentence and inserting
in lieu thereof ‘‘advanced education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph
(E).
(b) CREDIT UPON APPOINTMENT AS RESERVE OFFICER IN THE
ARMY.—Section 3353(b)(1) of title 10, United States Code, is
amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘Except as provided in clause (E),
in’’ at the beginning of the second sentence and inserting
in lieu thereof ‘‘In’’; and
(B) by striking out ‘‘postsecondary education in excess
of four that are’’ in the second sentence and inserting
in lieu thereof ‘‘advanced education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph
(E).
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H. R. 2401—102
(c) CREDIT UPON APPOINTMENT AS OFFICER IN NAVAL RESERVE
OR MARINE CORPS RESERVE.—Section 5600(b)(1) of title 10, United
States Code, is amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘Except as provided in clause (E),
in’’ at the beginning of the second sentence and inserting
in lieu thereof ‘‘In’’; and
(B) by striking out ‘‘postsecondary education in excess
of four that are’’ in the second sentence and inserting
in lieu thereof ‘‘advanced education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph
(E).
(d) CREDIT UPON APPOINTMENT AS RESERVE OFFICER IN THE
AIR FORCE.—Section 8353(b)(1) of title 10, United States Code,
is amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘Except as provided in clause (E),
in’’ at the beginning of the second sentence and inserting
in lieu thereof ‘‘In’’; and
(B) by striking out ‘‘postsecondary education in excess
of four that are’’ in the second sentence and inserting
in lieu thereof ‘‘advanced education’’;
(2) by striking out subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph
(E).
(e) RATIFICATION OF PRIOR CREDIT.—To the extent that service
credit awarded before the date of the enactment of this Act under
section 533, 3353, 5600, or 8353 of title 10, United States Code,
based on advanced education in medicine or dentistry was awarded
consistent with that section as amended by this section (whether
or not properly awarded under that section as in effect before
such amendment), the awarding of that service credit is hereby
ratified.
SEC. 510. ORIGINAL APPOINTMENT AS REGULAR OFFICERS OF CER-
TAIN RESERVE OFFICERS IN HEALTH PROFESSIONS.
Section 532(d) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following:
‘‘(2) A reserve commissioned officer appointed in a medical
skill other than as a medical officer or dental officer (as defined
in regulations prescribed by the Secretary of Defense) is not subject
to clause (2) of subsection (a).’’.
Subtitle B—Reserve Components
SEC. 511. EXCEPTION FOR HEALTH CARE PROVIDERS TO REQUIRE-
MENT FOR 12 WEEKS OF BASIC TRAINING BEFORE ASSIGN-
MENT OUTSIDE UNITED STATES.
Section 671 of title 10, United States Code, is amended—
(1) by inserting ‘‘(except as provided in subsection (c))’’
in subsection (b) after ‘‘may not’’; and
(2) by adding at the end the following new subsection:
‘‘(c)(1) A period of basic training (or equivalent training) shorter
than 12 weeks may be established by the Secretary concerned
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H. R. 2401—103
for members of the armed forces who have been credentialed in
a medical profession or occupation and are serving in a health-
care occupational specialty, as determined under regulations pre-
scribed under paragraph (2). Any such period shall be established
under regulations prescribed under paragraph (2) and may be estab-
lished notwithstanding section 4(a) of the Military Selective Service
Act (50 U.S.C. App. 454(a)).
‘‘(2) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating
as a service in the Navy, shall prescribe regulations for the purposes
of paragraph (1). The regulations prescribed by the Secretary of
Defense shall apply uniformly to the military departments.’’.
SEC. 512. NUMBER OF FULL-TIME RESERVE PERSONNEL WHO MAY
BE ASSIGNED TO ROTC DUTY.
Section 690 of title 10, United States Code, is amended by
striking out ‘‘may not exceed 200’’ and inserting in lieu thereof
‘‘may not exceed 275’’.
SEC. 513. REPEAL OF MANDATED REDUCTION IN ARMY RESERVE
COMPONENT FULL-TIME MANNING END STRENGTH.
Section 412 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101–510; 10 U.S.C. 261 note) is amended
by striking out subsections (b) and (c).
SEC. 514. TWO-YEAR EXTENSION OF CERTAIN RESERVE OFFICER
MANAGEMENT AUTHORITIES.
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN RESERVE
MEDICAL OFFICERS.—Sections 3359(b) and 8359(b) of title 10,
United States Code, are each amended by striking out ‘‘September
30, 1993’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
(b) PROMOTION AUTHORITY
FOR CERTAIN RESERVE OFFICERS
SERVING ON ACTIVE DUTY.—Sections 3380(d) and 8380(d) of such
title are each amended by striking out ‘‘September 30, 1993’’ and
inserting in lieu thereof ‘‘September 30, 1995’’.
(c) YEARS
OF SERVICE
FOR MANDATORY TRANSFER
TO
THE
RETIRED RESERVE.—Section 1016(d) of the Department of Defense
Authorization Act, 1984 (10 U.S.C. 3360 note) is amended by strik-
ing out ‘‘September 30, 1993’’ and inserting in lieu thereof ‘‘Septem-
ber 30, 1995’’.
(d) EFFECTIVE DATE.—(1) The amendments made by this section
shall take effect as of September 30, 1993.
(2) The Secretary of the Army or the Secretary of the Air
Force, as appropriate, shall provide, in the case of a Reserve officer
appointed to a higher grade on or after the date of the enactment
of this Act under an appointment described in paragraph (3), that
the date of rank of such officer under that appointment shall
be the date of rank that would have applied to the appointment
had the authority referred to in that paragraph not lapsed.
(3) An appointment referred to in paragraph (2) is an appoint-
ment under section 3380 or 8380 of title 10, United States Code,
that (as determined by the Secretary concerned) would have been
made during the period beginning on October 1, 1993, and ending
on the date of the enactment of this Act had the authority to
make appointments under that section not lapsed during such
period.
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H. R. 2401—104
SEC. 515. ACTIVE COMPONENT SUPPORT FOR RESERVE TRAINING.
(a) REQUIREMENT TO ESTABLISH.—The Secretary of the Army
shall, not later than September 30, 1995, establish one or more
active-component units of the Army with the primary mission of
providing training support to reserve units. Each such unit shall
be part of the active Army force structure and shall have a com-
mander who is on the active-duty list of the Army.
(b) IMPLEMENTATION PLAN.—The Secretary of the Army shall
during fiscal year 1994 submit to the Committees on Armed Services
of the Senate and House of Representatives a plan to meet the
requirement in subsection (a). The plan shall include a proposal
for any statutory changes that the Secretary considers to be nec-
essary for the implementation of the plan.
SEC. 516. TEST PROGRAM FOR RESERVE COMBAT MANEUVER UNIT
INTEGRATION.
(a) PLAN FOR TEST PROGRAM.—The Secretary of the Army shall
prepare a plan for carrying out a test program to determine the
feasibility and advisability of applying the roundout and roundup
models for integration of active and reserve component Army units
at the battalion and company levels.
(b) PURPOSE OF TEST PROGRAM.—The purpose of the test pro-
gram shall be to evaluate whether the roundout and roundup con-
cepts if applied at the battalion and company levels would—
(1) decrease post-mobilization training time;
(2) increase the capabilities of reserve component leaders;
(3) improve the integration of the active and reserve compo-
nents; and
(4) provide a more efficient means for future expansion
of the Army in a period of emergency or increasing international
threats to the vital interests of the United States.
(c) REPORT ON PLAN.—The Secretary of the Army shall submit
to Congress not later than March 31, 1994, a report that includes
the plan for the test program required under subsection (a).
(d) DEFINITIONS.—For purposes of this section, the terms
‘‘roundout’’ and ‘‘roundup’’ refer to two approaches for integrating
Army National Guard and Army Reserve combat units into active
Army corps, divisions, brigades, and battalions after mobilization.
The roundout approach is the method of bringing an incomplete
active unit up to full strength by assigning one or more reserve
component units to it. The roundup approach is the use of reserve
component units to augment or expand active units that are already
at full strength.
SEC. 517. REVISIONS TO PILOT PROGRAM FOR ACTIVE COMPONENT
SUPPORT OF THE RESERVES.
(a) ACTIVE COMPONENT ADVISERS.—(1) Subsection (c) of section
414 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102–190; 10 U.S.C. 261 note) is amended
to read as follows:
‘‘(c) PERSONNEL TO BE ASSIGNED.—The Secretary shall assign
not less than 2,000 active component personnel to serve as advisers
under the program. After September 30, 1994, the number under
the preceding sentence shall be increased to not less than 5,000.’’.
(2) Subsection (d) of such section is amended by striking out
the period at the end of the second sentence and inserting in
lieu thereof ‘‘, together with a proposal for any statutory changes
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H. R. 2401—105
that the Secretary considers necessary to implement the program
on a permanent basis.’’.
(b) ANNUAL REPORT ON IMPLEMENTATION.—(1) The Secretary
of the Army shall include in the annual report of the Secretary
to Congress known as the Army Posture Statement a presentation
relating to the implementation of the Pilot Program for Active
Component Support of the Reserves under section 414 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102–190; 10 U.S.C. 261 note), as amended by subsection
(a).
(2) Each such presentation shall include, with respect to the
period covered by the report, the following information:
(A) The promotion rate for officers considered for promotion
from within the promotion zone who are serving as active
component advisers to units of the Selected Reserve of the
Ready Reserve (in accordance with that program) compared
with the promotion rate for other officers considered for pro-
motion from within the promotion zone in the same pay grade
and the same competitive category, shown for all officers of
the Army.
(B) The promotion rate for officers considered for promotion
from below the promotion zone who are serving as active compo-
nent advisers to units of the Selected Reserve of the Ready
Reserve (in accordance with that program) compared in the
same manner as specified in subparagraph (A).
SEC. 518. EDUCATIONAL ASSISTANCE FOR GRADUATE PROGRAMS
FOR MEMBERS OF THE SELECTED RESERVE.
Section 2131 of title 10, United States Code, is amended—
(1) in subsection (c)(1), by striking out ‘‘other than’’ and
all that follows through ‘‘level.’’ and inserting in lieu thereof
a period; and
(2) by adding at the end the following new subsection:
‘‘(i) A program of education in a course of instruction beyond
the baccalaureate degree level shall be provided under this chapter,
subject to the availability of appropriations.’’.
SEC. 519. FREQUENCY OF PHYSICAL EXAMINATIONS OF MEMBERS OF
THE READY RESERVE.
Section 1004(a)(1) of title 10, United States Code, is amended
by striking out ‘‘four years’’ and inserting in lieu thereof ‘‘five
years’’.
SEC. 520. REVISION OF CERTAIN DEADLINES UNDER ARMY NATIONAL
GUARD COMBAT READINESS REFORM ACT.
(a) DELAY IN MINIMUM PERCENTAGE OF PRIOR ACTIVE-DUTY
PERSONNEL.—(1) Subsection (b) of section 1111 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI
of Public Law 102–484; 10 U.S.C. 3077 note; 106 Stat. 2537) is
amended by striking out ‘‘fiscal years 1993 through 1997’’ and
inserting in lieu thereof ‘‘fiscal years 1994 through 1997’’.
(2) Subsection (d) of such section is amended by striking out
‘‘March 15, 1993’’ and ‘‘April 1, 1993’’ and inserting in lieu thereof
‘‘December 15, 1993’’ and ‘‘January 15, 1994’’, respectively.
(b) REPORT
ON DENTAL READINESS
OF MEMBERS
OF EARLY
DEPLOYING UNITS.—Section 1118(b) of such Act (106 Stat. 2539)
is amended by striking out ‘‘February 15, 1993’’ and inserting
in lieu thereof ‘‘December 1, 1993’’.
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H. R. 2401—106
SEC. 521. ANNUAL REPORT ON IMPLEMENTATION OF ARMY NATIONAL
GUARD COMBAT READINESS REFORM ACT.
(a) IN GENERAL.—Chapter 307 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3082. Army National Guard combat readiness reform:
annual report
‘‘(a) IN GENERAL.—The Secretary of the Army shall include
in the annual report of the Secretary to Congress known as the
Army Posture Statement a detailed presentation concerning the
Army National Guard, including particularly information relating
to the implementation of the Army National Guard Combat Readi-
ness Reform Act of 1992 (title XI of Public Law 102–484; 106
Stat. 2536) (hereinafter in this section referred to as ‘ANGCRRA’).
‘‘(b) MATTERS TO BE INCLUDED IN REPORT.—Each presentation
under subsection (a) shall include, with respect to the period covered
by the report, the following information concerning the Army
National Guard:
‘‘(1) The number and percentage of officers with at least
two years of active-duty before becoming a member of the
Army National Guard.
‘‘(2) The number and percentage of enlisted personnel with
at least two years of active-duty before becoming a member
of the Army National Guard.
‘‘(3) The number of officers who are graduates of one of
the service academies and were released from active duty before
the completion of their active-duty service obligation and, of
those officers—
‘‘(A) the number who are serving the remaining period
of their active-duty service obligation as a member of the
Selected Reserve pursuant to section 1112(a)(1) of
ANGCRRA; and
‘‘(B) the number for whom waivers were granted by
the Secretary under section 1112(a)(2) of ANGCRRA,
together with the reason for each waiver.
‘‘(4) The number of officers who were commissioned as
distinguished Reserve Officers’ Training Corps graduates and
were released from active duty before the completion of their
active-duty service obligation and, of those officers—
‘‘(A) the number who are serving the remaining period
of their active-duty service obligation as a member of the
Selected Reserve pursuant to section 1112(a)(1) of
ANGCRRA; and
‘‘(B) the number for whom waivers were granted by
the Secretary under section 1112(a)(2) of ANGCRRA,
together with the reason for each waiver.
‘‘(5) The number of officers who are graduates of the
Reserve Officers’ Training Corps program and who are perform-
ing their minimum period of obligated service in accordance
with section 1112(b) of ANGCRRA by a combination of (A)
two years of active duty, and (B) such additional period of
service as is necessary to complete the remainder of such obliga-
tion served in the National Guard and, of those officers, the
number for whom permission to perform their minimum period
of obligated service in accordance with that section was granted
during the preceding fiscal year.
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H. R. 2401—107
‘‘(6) The number of officers for whom recommendations
were made during the preceding fiscal year for a unit vacancy
promotion to a grade above first lieutenant and, of those rec-
ommendations, the number and percentage that were concurred
in by an active-duty officer under section 1113(a) of ANGCRRA,
shown separately for each of the three categories of officers
set forth in section 1113(b) of ANGCRRA.
‘‘(7) The number of waivers during the preceding fiscal
year under section 1114(a) of ANGCRRA of any standard pre-
scribed by the Secretary establishing a military education
requirement for noncommissioned officers and the reason for
each such waiver.
‘‘(8) The number and distribution by grade, shown for each
State, of personnel in the initial entry training and
nondeployability personnel accounting category established
under section 1115 of ANGCRRA for members of the Army
National Guard who have not completed the minimum training
required for deployment or who are otherwise not available
for deployment.
‘‘(9) The number of members of the Army National Guard,
shown for each State, that were discharged during the previous
fiscal year pursuant to section 1115(c)(1) of ANGCRRA for
not completing the minimum training required for deployment
within 24 months after entering the National Guard.
‘‘(10) The number of waivers, shown for each State, that
were granted by the Secretary during the previous fiscal year
under section 1115(c)(2) of ANGCRRA of the requirement in
section 1115(c)(1) of ANGCRRA described in paragraph (9),
together with the reason for each waiver.
‘‘(11) The number of members, shown for each State, who
were screened during the preceding fiscal year to determine
whether they meet minimum physical profile standards
required for deployment and, of those members—
‘‘(A) the number and percentage who did not meet
minimum physical profile standards required for deploy-
ment; and
‘‘(B) the number and percentage who were transferred
pursuant to section 1116 of ANGCRRA to the personnel
accounting category described in paragraph (8).
‘‘(12) The number of members, and the percentage of the
total membership, of the Army National Guard, shown for
each State, who underwent a medical screening during the
previous fiscal year as provided in section 1117 of ANGCRRA.
‘‘(13) The number of members, and the percentage of the
total membership, of the Army National Guard, shown for
each State, who underwent a dental screening during the pre-
vious fiscal year as provided in section 1117 of ANGCRRA.
‘‘(14) The number of members, and the percentage of the
total membership, of the Army National Guard, shown for
each State, over the age of 40 who underwent a full physical
examination during the previous fiscal year for purposes of
section 1117 of ANGCRRA.
‘‘(15) The number of units of the Army National Guard
that are scheduled for early deployment in the event of a
mobilization and, of those units, the number that are dentally
ready for deployment in accordance with section 1118 of
ANGCRRA.
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H. R. 2401—108
‘‘(16) The estimated post-mobilization training time for each
Army National Guard combat unit, and a description, displayed
in broad categories and by State, of what training would need
to be accomplished for Army National Guard combat units
in a post-mobilization period for purposes of section 1119 of
ANGCRRA.
‘‘(17) A description of the measures taken during the
preceding fiscal year to comply with the requirement in section
1120 of ANGCRRA to expand the use of simulations, simulators,
and advanced training devices and technologies for members
and units of the Army National Guard.
‘‘(18) Summary tables of unit readiness, shown for each
State, and drawn from the unit readiness rating system as
required by section 1121 of ANGCRRA, including the personnel
readiness rating information and the equipment readiness
assessment information required by that section, together
with—
‘‘(A) explanations of the information shown in the table;
and
‘‘(B) based on the information shown in the tables,
the Secretary’s overall assessment of the deployability of
units of the Army National Guard, including a discussion
of personnel deficiencies and equipment shortfalls in
accordance with such section 1121.
‘‘(19) Summary tables, shown for each State, of the results
of inspections of units of the Army National Guard by inspectors
general or other commissioned officers of the Regular Army
under the provisions of section 105 of title 32, together with
explanations of the information shown in the tables, and includ-
ing display of—
‘‘(A) the number of such inspections;
‘‘(B) identification of the entity conducting each inspec-
tion;
‘‘(C) the number of units inspected; and
‘‘(D) the overall results of such inspections, including
the inspector’s determination for each inspected unit of
whether the unit met deployability standards and, for those
units not meeting deployability standards, the reasons for
such failure and the status of corrective actions.
‘‘(20) A listing, for each Army National Guard combat unit,
of the active-duty combat unit associated with that Army
National Guard unit in accordance with section 1131(a) of
ANGCRRA, shown by State and to be accompanied, for each
such National Guard unit, by—
‘‘(A) the assessment of the commander of that associ-
ated active-duty unit of the manpower, equipment, and
training resource requirements of that National Guard unit
in accordance with section 1131(b)(3) of ANGCRRA; and
‘‘(B) the results of the validation by the commander
of that associated active-duty unit of the compatibility of
that National Guard unit with active duty forces in accord-
ance with section 1131(b)(4) of ANGCRRA.
‘‘(21) A specification of the active-duty personnel assigned
to units of the Selected Reserve pursuant to section 414(c)
of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (10 U.S.C. 261 note), shown (A) by State, (B)
by rank of officers, warrant officers, and enlisted members
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H. R. 2401—109
assigned, and (C) by unit or other organizational entity of
assignment.
‘‘(c) IMPLEMENTATION.—The requirement to include in a presen-
tation required by subsection (a) information under any paragraph
of subsection (b) shall take effect with respect to the year following
the year in which the provision of ANGCRRA to which that para-
graph pertains has taken effect. Before then, in the case of any
such paragraph, the Secretary shall include any information that
may be available concerning the topic covered by that paragraph.
‘‘(d) DEFINITION.—In this section, the term ‘State’ includes the
District of Columbia, Puerto Rico, Guam, and the Virgin Islands.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘3082. Army National Guard combat readiness reform: annual report.’’.
SEC. 522. FFRDC STUDY OF STATE AND FEDERAL MISSIONS OF THE
NATIONAL GUARD.
(a) STUDY REQUIRED.—The Secretary of Defense shall provide
for a study of the State and Federal missions of the National
Guard to be carried out by a federally funded research and develop-
ment center. The study shall consider both the separate and
integrated requirements (including requirements pertaining to
personnel, weapons, equipment, and facilities) that derive from
those missions.
(b) MATTERS TO BE INCLUDED.—The Secretary shall require
that the matters to be considered under the study include the
following:
(1) Whether the currently projected size for the National
Guard after the completion of the reductions in the national
defense structure planned through fiscal year 1999 will be
adequate for the National Guard to fulfill both its State and
Federal missions.
(2) Whether the system of assigning Federal missions to
State Guard units could be altered to optimize the Federal
as well as the State capabilities of the National Guard.
(3) Whether alternative arrangements, such as cooperative
development of National Guard capabilities among the States
grouped as regions, are advisable and feasible.
(4) Whether alternative Federal-State cost-sharing arrange-
ments should be implemented for National Guard units whose
principal function is to support State missions.
(5) Such other matters related to the missions of the
National Guard and the corresponding requirements related
to those missions as the Secretary may specify or the center
carrying out the study may determine necessary.
(c) FFRDC REPORTS.—(1) The Secretary shall require the center
carrying out the study to submit an interim report not later than
May 1, 1994, and a final report not later than November 15,
1994. Each report shall include the findings, conclusions, and rec-
ommendations of the center concerning each of the matters referred
to in subsection (b).
(2) The Secretary shall submit each such report to the Commit-
tees on Armed Services of the Senate and House of Representatives
not later than 15 days after the date on which it is received
by the Secretary.
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H. R. 2401—110
(d) EVALUATION AND REPORT OF FINAL FFRDC REPORT.—(1)
After the center carrying out the study submits its final report,
the Secretary of Defense, together with the Secretary of the Army
and the Secretary of the Air Force, shall conduct an evaluation
of the assumptions, analysis, findings, and recommendations of
that study.
(2) Not later than February 1, 1995, the Secretary shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the evaluation under paragraph
(1). The report shall be accompanied by any recommendations for
legislative action that the Secretary considers necessary as a result
of the study and evaluation required by this section.
(e) COOPERATION.—The Secretary shall ensure that the center
carrying out the study under this section has full access to such
information as the center requires for the purposes of the study
and that the center otherwise receives full cooperation from all
officials and entities of the Department of Defense, including the
National Guard, in carrying out the study.
SEC. 523. CONSISTENCY 
OF 
TREATMENT 
OF 
NATIONAL 
GUARD
TECHNICIANS AND OTHER MEMBERS OF THE NATIONAL
GUARD.
(a) FEDERAL RECOGNITION QUALIFICATIONS FOR TECHNICIANS.—
Section 709 of title 32, United States Code, is amended by adding
at the end the following new subsection:
‘‘(i) The Secretary concerned may not prescribe for purposes
of eligibility for Federal recognition under section 301 of this title
a qualification applicable to technicians employed under subsection
(a) that is not applicable pursuant to that section to the other
members of the National Guard in the same grade, branch, position,
and type of unit or organization involved.’’.
(b) MILITARY EDUCATION.—The following provisions of law are
repealed:
(1) Section 523 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100–456; 102 Stat. 1974; 32
U.S.C. 709 note).
(2) Section 506 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101–189; 103
Stat. 1438; 32 U.S.C. 709 note).
(c) SAVINGS PROVISION.—A civilian technician of the Army
National Guard serving in an active status on the date of the
enactment of this Act who under the provisions of law repealed
by subsection (b) (or under other Department of the Army policy
in effect on the day before such date of enactment) was granted
credit on the technician’s military record for the completion of
certain education and training courses shall retain such credit,
notwithstanding the provisions of subsections (a) and (b), for a
period determined by the Secretary of the Army. Such a period
may not terminate, in the case of any such civilian technician,
before the effective date of such civilian technician’s next mililitary
promotion.
SEC. 524. NATIONAL GUARD MANAGEMENT INITIATIVES.
(a) CLARIFICATION
REGARDING
FEMALE
MEMBERS
OF
THE
NATIONAL GUARD AS MEMBERS OF THE MILITIA.—Section 311(a)
of title 10, United States Code, is amended by striking out ‘‘commis-
sioned officers’’ and inserting in lieu thereof ‘‘members’’.
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H. R. 2401—111
(b) INCREASED PERIOD FOR COMPLETION OF UNIT TRAINING.—
Section 502(b) of title 32, United States Code, is amended by strik-
ing out ‘‘30 consecutive days’’ in the second sentence and inserting
in lieu thereof ‘‘90 consecutive days’’.
(c) EXCEPTIONS
TO
30-DAY
NOTICE
FOR
TERMINATION
OF
EMPLOYMENT OF TECHNICIANS.—Section 709(e)(6) of title 32, United
States Code, is amended by inserting after ‘‘termination of employ-
ment as a technician and’’ the following: ‘‘, unless the technician
is serving under a temporary appointment, is serving in a trial
or probationary period, or has voluntarily ceased to be a member
of the National Guard when such membership is a condition of
employment,’’.
(d) REPEAL OF LIMIT ON NUMBER OF TECHNICIANS EMPLOYED
CONCURRENTLY.—Section 709(h) of title 32, United States Code,
is repealed.
(e) PERSONNEL AUTHORIZED TO MAKE UNSERVICEABILITY FIND-
INGS.—Section 710(f) of title 32, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(f)’’;
(2) by striking out ‘‘subsections (b)-(d)’’ and inserting in
lieu thereof ‘‘subsections (b), (c), and (d)’’;
(3) by striking out ‘‘of the Regular Army or the Regular
Air Force, as the case may be,’’; and
(4) by adding at the end the following:
‘‘(2) In designating an officer to conduct inspections and make
findings for purposes of paragraph (1), the Secretary concerned
shall designate—
‘‘(A) in the case of the Army National Guard, a commis-
sioned officer of the Regular Army or a commissioned officer
of the Army National Guard who is also a commissioned officer
of the Army National Guard of the United States; and
‘‘(B) in the case of the Air National Guard, a commissioned
officer of the Regular Air Force or a commissioned officer of
the Air National Guard who is also a commissioned officer
of the Air National Guard of the United States.’’.
Subtitle C—Service Academies
SEC. 531. CONGRESSIONAL NOMINATIONS.
Sections 4342(a), 6954(a), and 9342(a) of title 10, United States
Code, are each amended—
(1) in the sentence following paragraph (9), by striking
out ‘‘a principal candidate and nine alternates’’ and inserting
in lieu thereof ‘‘10 persons’’; and
(2) by inserting after such sentence the following: ‘‘Nomi-
nees may be submitted without ranking or with a principal
candidate and 9 ranked or unranked alternates. Qualified nomi-
nees not selected for appointment under this subsection shall
be considered qualified alternates for the purposes of selection
under other provisions of this chapter.’’.
SEC. 532. TECHNICAL AMENDMENT RELATED TO CHANGE IN NATURE
OF COMMISSION OF SERVICE ACADEMY GRADUATES.
Section 702(a) of title 10, United States Code, is amended
by striking out ‘‘regular’’ in the first sentence.
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H. R. 2401—112
SEC. 533. MANAGEMENT OF CIVILIAN FACULTY AT MILITARY AND AIR
FORCE ACADEMIES.
(a) RECODIFICATION
OF MILITARY ACADEMY AUTHORITY.—(1)
Chapter 403 of title 10, United States Code, is amended by inserting
after section 4337 the following new section:
‘‘§ 4338. Civilian faculty: number; compensation
‘‘(a) The Secretary of the Army may employ as many civilians
as professors, instructors, and lecturers at the Academy as the
Secretary considers necessary.
‘‘(b) The compensation of persons employed under this section
is as prescribed by the Secretary.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 4337
the following new item:
‘‘4338. Civilian faculty: number; compensation.’’.
(3) Section 4331 of such title is amended by striking out sub-
section (c).
(b) RECODIFICATION OF AIR FORCE ACADEMY AUTHORITY.—(1)
Chapter 903 of title 10, United States Code, is amended by inserting
after section 9337 the following new section:
‘‘§ 9338. Civilian faculty: number; compensation
‘‘(a) The Secretary of the Air Force may employ as many
civilians as professors, instructors, and lecturers at the Academy
as the Secretary considers necessary.
‘‘(b) The compensation of persons employed under this section
is as prescribed by the Secretary.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 9337
the following new item:
‘‘9338. Civilian faculty: number; compensation.’’.
(3) Section 9331 of such title is amended by striking out sub-
section (c).
(c) CONFORMING AMENDMENT.—Section 5102(c)(10) of title 5,
United States Code, is amended by striking out ‘‘at the Naval
Academy whose pay is fixed under section 6952 of title 10’’ and
inserting in lieu thereof ‘‘at the Military Academy, the Naval Acad-
emy, and the Air Force Academy whose pay is fixed under sections
4338, 6952, and 9338, respectively, of title 10’’.
SEC. 534. EVALUATION OF REQUIREMENT THAT OFFICERS AND
CIVILIAN FACULTY MEMBERS REPORT VIOLATIONS OF
NAVAL ACADEMY REGULATIONS.
(a) REPORT REQUIREMENT.—The Secretary of Defense shall sub-
mit to the Committees on Armed Services of the Senate and House
of Representatives a report evaluating the administration of section
6965 of title 10, United States Code. The report shall include
any recommendations of the Secretary as to amendments or repeal
of that section or whether the provisions of that section should
be applied to the United States Military Academy and the United
States Air Force Academy.
(b) SUBMISSION
OF REPORT.—The report shall be submitted
not later than 90 days after the date of the enactment of this
Act.
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H. R. 2401—113
SEC. 535. PROHIBITION OF TRANSFER OF NAVAL ACADEMY PRE-
PARATORY SCHOOL.
During fiscal year 1994, the Secretary of the Navy may not
transfer the Naval Academy Preparatory School from Newport,
Rhode Island, to Annapolis, Maryland, or expend any funds for
any work (including preparation of an architectural engineering
study, design work, or construction or modification of any structure)
in preparation for such a transfer.
SEC. 536. TEST PROGRAM TO EVALUATE USE OF PRIVATE PRE-
PARATORY 
SCHOOLS 
FOR 
SERVICE 
ACADEMY 
PRE-
PARATORY SCHOOL MISSION.
(a) TEST PROGRAM.—The Secretary of Defense shall conduct
a test program to determine the efficiency and cost effectiveness
of using schools in the private sector as an alternative to the
existing schools used for the mission of operating a military pre-
paratory school program for one or more of the service academies.
The Secretary shall carry out the test program through the Under
Secretary of Defense for Personnel and Readiness.
(b) PRIORITY.—The test program shall be carried out so as
to give priority to the goal of enhancing opportunities for minorities,
women, and prior enlisted personnel to attend service academies.
(c) EXCLUSION FROM ACADEMY STRENGTH LIMITATIONS.—Any
individual who is admitted to one of the three service academies
following completion of a program of instruction at a private sector
preparatory school under the test program shall be excluded from
the computation of the size of the corps of cadets or brigade of
midshipmen, as the case may be, for purposes of strength ceilings
imposed by law.
Subtitle D—Women in the Service
SEC. 541. REPEAL OF THE STATUTORY RESTRICTION ON THE ASSIGN-
MENT OF WOMEN IN THE NAVY AND MARINE CORPS.
(a) IN GENERAL.—Section 6015 of title 10, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 555 of such title is amended by striking out the
item relating to section 6015.
SEC. 542. NOTICE TO CONGRESS OF PROPOSED CHANGES IN COMBAT
ASSIGNMENTS TO WHICH FEMALE MEMBERS MAY BE
ASSIGNED.
(a) IN GENERAL.—(1) Except in a case covered by subsection
(b), whenever the Secretary of Defense proposes to change military
personnel policies in order to make available to female members
of the Armed Forces assignment to any type of combat unit, class
of combat vessel, or type of combat platform that is not open
to such assignments, the Secretary shall, not less than 30 days
before such change is implemented, transmit to the Committees
on Armed Services of the Senate and House of Representatives
notice of the proposed change in personnel policy.
(2) If before the date of the enactment of this Act the Secretary
made any change to military personnel policies in order to make
available to female members of the Armed Forces assignment to
any type of combat unit, class of combat vessel, or type of combat
platform that was not previously open to such assignments, the
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H. R. 2401—114
Secretary shall, not later than 30 days after the date of the enact-
ment of this Act, transmit to the Committees on Armed Services
of the Senate and House of Representatives notice of that change
in personnel policy.
(b) SPECIAL RULE FOR GROUND COMBAT EXCLUSION POLICY.—
(1) If the Secretary of Defense proposes to make any change
described in paragraph (2) to the ground combat exclusion policy,
the Secretary shall, not less than 90 days before any such change
is implemented, submit to Congress a report providing notice of
the proposed change.
(2) A change referred to in paragraph (1) is a change that
either—
(A) closes to female members of the Armed Forces any
category of unit or position that at that time is open to service
by such members; or
(B) opens to service by such members any category of
unit or position that at that time is closed to service by such
members.
(3) The Secretary shall include in any report under paragraph
(1)—
(A) a detailed description of, and justification for, the pro-
posed change to the ground combat exclusion policy; and
(B) a detailed analysis of legal implication of the proposed
change with respect to the constitutionality of the application
of the Military Selective Service Act to males only.
(4) For purposes of this subsection, the term ‘‘ground combat
exclusion policy’’ means the military personnel policies of the
Department of Defense and the military departments, as in effect
on January 1, 1993, by which female members of the Armed Forces
are restricted from assignment to units and positions whose mission
requires routine engagement in direct combat on the ground.
SEC. 543. GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STAND-
ARDS.
(a) GENDER NEUTRALITY REQUIREMENT.—In the case of any
military occupational career field that is open to both male and
female members of the Armed Forces, the Secretary of Defense—
(1) shall ensure that qualification of members of the Armed
Forces for, and continuance of members of the Armed Forces
in, that occupational career field is evaluated on the basis
of common, relevant performance standards, without differen-
tial standards or evaluation on the basis of gender;
(2) may not use any gender quota, goal, or ceiling except
as specifically authorized by law; and
(3) may not change an occupational performance standard
for the purpose of increasing or decreasing the number of
women in that occupational career field.
(b) REQUIREMENTS RELATING TO USE OF SPECIFIC PHYSICAL
REQUIREMENTS.—(1) For any military occupational specialty for
which the Secretary of Defense determines that specific physical
requirements for muscular strength and endurance and cardio-
vascular capacity are essential to the performance of duties, the
Secretary shall prescribe specific physical requirements for mem-
bers in that specialty and shall ensure (in the case of an occupa-
tional specialty that is open to both male and female members
of the Armed Forces) that those requirements are applied on a
gender-neutral basis.
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H. R. 2401—115
(2) Whenever the Secretary establishes or revises a physical
requirement for an occupational specialty, a member serving in
that occupational specialty when the new requirement becomes
effective, who is otherwise considered to be a satisfactory performer,
shall be provided a reasonable period, as determined under regula-
tions prescribed by the Secretary, to meet the standard established
by the new requirement. During that period, the new physical
requirement may not be used to disqualify the member from contin-
ued service in that specialty.
(c) NOTICE
TO CONGRESS
OF CHANGES.—Whenever the Sec-
retary of Defense proposes to implement changes to the occupational
standards for a military occupational field that are expected to
result in an increase, or in a decrease, of at least 10 percent
in the number of female members of the Armed Forces who enter,
or are assigned to, that occupational field, the Secretary of Defense
shall submit to Congress a report providing notice of the change
and the justification and rationale for the change. Such changes
may then be implemented only after the end of the 60-day period
beginning on the date on which such report is submitted.
Subtitle E—Victims’ Rights and Family
Advocacy
SEC. 551. RESPONSIBILITIES OF MILITARY LAW ENFORCEMENT OFFI-
CIALS AT SCENES OF DOMESTIC VIOLENCE.
(a) IN GENERAL.—(1) Section 53 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1058. Responsibilities of military law enforcement officials
at scenes of domestic violence
‘‘(a) IMMEDIATE ACTIONS REQUIRED.—Under regulations pre-
scribed pursuant to subsection (c), the Secretary concerned shall
ensure, in any case of domestic violence in which a military law
enforcement official at the scene determines that physical injury
has been inflicted or a deadly weapon or dangerous instrument
has been used, that military law enforcement officials—
‘‘(1) take immediate measures to reduce the potential for
further violence at the scene; and
‘‘(2) within 24 hours of the incident, provide a report of
the domestic violence to the appropriate commander and to
a local military family advocacy representative exercising
responsibility over the area in which the incident took place.
‘‘(b) FAMILY ADVOCACY COMMITTEE.—Under regulations pre-
scribed pursuant to subsection (c), the Secretary concerned shall
ensure that, whenever a report is provided to a commander under
subsection (a)(2), a multidisciplinary family advocacy committee
meets, with all due practicable speed, to review the situation and
to make recommendations to the commander for appropriate action.
‘‘(c) REGULATIONS.—The Secretary of Defense, and the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, shall prescribe by regulation
the definition of ‘domestic violence’ for purposes of this section
and such other regulations as may be necessary for purposes of
this section.
‘‘(d) MILITARY LAW ENFORCEMENT OFFICIAL.—In this section,
the term ‘military law enforcement official’ means a person author-
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H. R. 2401—116
ized under regulations governing the armed forces to apprehend
persons subject to this chapter or to trial thereunder.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1058. Responsibilities of military law enforcement officials at scenes of domestic
violence.’’.
(b) DEADLINE FOR PRESCRIBING PROCEDURES.—The Secretary
of Defense shall prescribe procedures to carry out section 1058
of title 10, United States Code, as added by subsection (a), not
later than six months after the date of the enactment of this
Act.
SEC. 552. IMPROVED PROCEDURES FOR NOTIFICATION OF VICTIMS
AND WITNESSES OF STATUS OF PRISONERS IN MILITARY
CORRECTIONAL FACILITIES.
(a) IN GENERAL.—The Secretary of Defense shall prescribe
procedures and implement a centralized system for notice of the
status of offenders confined in military correctional facilities to
be provided to victims and witnesses. Such procedures shall, to
the maximum extent practicable, be consistent with procedures
of the Federal Bureau of Prisons for victim and witness notification.
(b) DEADLINE FOR PRESCRIBING PROCEDURES.—The Secretary
of Defense—
(1) shall prescribe the procedures required by subsection
(a) not later than six months after the date of the enactment
of this Act; and
(2) shall implement the centralized system required by
that section not later than six months after those procedures
are prescribed.
(c) NOTIFICATION
AND REPORTING REQUIREMENT.—(1) Upon
implementation of the centralized system of notice under subsection
(a), the Secretary shall notify Congress of such implementation.
(2) After such system has been in operation for one year,
the Secretary shall submit to Congress a report detailing the lessons
learned during the first year of operation.
(d) TERMINATION OF REQUIREMENT.—The requirement to estab-
lish procedures and implement a centralized system of notice under
subsection (a) shall expire 90 days after the receipt of the report
required by subsection (c)(2).
SEC. 553. STUDY OF STALKING BY PERSONS SUBJECT TO UCMJ.
(a) REPORT REQUIRED.—Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the problem of stalking by
persons subject to the Uniform Code of Military Justice (chapter
47 of title 10, United States Code). In the report, the Secretary
shall describe the scope of the problem of stalking within the
Armed Forces and shall address whether existing procedures and
punitive articles under the Uniform Code of Military Justice ade-
quately protect members of the Armed Forces, and dependents
of members of the Armed Forces, who are threatened with stalking.
The Secretary shall include in the report such recommendations
for changes to law and regulations as the Secretary determines
to be necessary.
(b) STALKING.—For purposes of the report under subsection
(a), stalking shall be considered to include actions of a person
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