H. R. 2401—137
SEC. 622. PAYMENT OF LOSSES INCURRED OR COLLECTION OF GAINS
REALIZED DUE TO FLUCTUATIONS IN FOREIGN CURRENCY
IN CONNECTION WITH HOUSING MEMBERS IN PRIVATE
HOUSING ABROAD.
(a) PAYMENT OR COLLECTION AUTHORIZED.—Section 405(d) of
title 37, United States Code, is amended to read as follows:
‘‘(d)(1) In the case of a member of the uniformed services
authorized to receive a per diem allowance under subsection (a),
the Secretary concerned may make a lump-sum payment for non-
recurring expenses—
‘‘(A) incurred by the member in occupying private housing
outside of the United States; and
‘‘(B) authorized or approved under regulations prescribed
by the Secretary concerned.
‘‘(2) Nonrecurring expenses for which a member may be
reimbursed under paragraph (1) may include losses sustained by
the member on the refund of a rental deposit (or other deposit
made by the member to secure housing) as a result of fluctuations
in the relative value of the currencies of the United States and
the foreign country in which such housing is located.
‘‘(3) The Secretary concerned shall recoup the full amount of
a refunded deposit referred to in paragraph (2) that was paid
by the United States, including any gain resulting from a fluctuation
in currency values referred to in that paragraph.
‘‘(4) Expenses for which payments are made under this sub-
section may not be considered for purposes of determining the
per diem allowance of the member under subsection (a).’’.
(b) APPLICATION OF AMENDMENT.—The amendment made by
subsection (a) shall apply with respect to nonrecurring expenses
and currency fluctuation gains described in section 405(d) of title
37, United States Code, that are incurred by members of the uni-
formed services on or after October 1, 1993.
Subtitle D—Other Matters
SEC. 631. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES
OF ALLOWANCES.
(a) EXPANSION
OF DEFINITION.—Section 401(a) of title 37,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(4) An unmarried person who—
‘‘(A) is placed in the legal custody of the member as
a result of an order of a court of competent jurisdiction
in the United States (or Puerto Rico or a possession of
the United States) for a period of at least 12 consecutive
months;
‘‘(B) either—
‘‘(i) has not attained the age of 21;
‘‘(ii) has not attained the age of 23 years and
is enrolled in a full time course of study at an institu-
tion of higher learning approved by the Secretary con-
cerned; or
‘‘(iii) is incapable of self support because of a men-
tal or physical incapacity that occurred while the per-
son was considered a dependent of the member or
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H. R. 2401—138
former member under this paragraph pursuant to
clause (i) or (ii);
‘‘(C) is dependent on the member for over one-half
of the person’s support;
‘‘(D) resides with the member unless separated by the
necessity of military service or to receive institutional care
as a result of disability or incapacitation or under such
other circumstances as the Secretary concerned may by
regulation prescribe; and
‘‘(E) is not a dependent of a member under any other
paragraph.’’.
(b) APPLICATION OF AMENDMENT.—Section 401(a)(4) of title 37,
United States Code, as added by subsection (a), shall apply with
respect to determinations of dependency made on or after July
1, 1994.
SEC. 632. CLARIFICATION OF ELIGIBILITY FOR TUITION ASSISTANCE.
Section 2007 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d) Subsection (c)(3) may not be construed to prohibit the
Secretary of a military department from exercising any authority
that the Secretary may have to pay charges of an educational
institution (within the limits set forth in subsection (a)) in the
case of—
‘‘(1) a warrant officer on active duty or full-time National
Guard duty;
‘‘(2) a commissioned officer on full-time National Guard
duty; or
‘‘(3) a commissioned officer on active duty who satisfies
the condition in subsection (a)(3) relating to an agreement
to remain on active duty.’’.
SEC. 633. SENSE OF CONGRESS REGARDING THE PROVISION OF
EXCESS LEAVE AND PERMISSIVE TEMPORARY DUTY FOR
MEMBERS FROM OUTSIDE THE CONTINENTAL UNITED
STATES.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense should ensure that a member of the
Armed Forces whose home of record is outside the continental
United States and who is stationed inside the continental United
States at the time of the separation of the member will be eligible
to receive the same amount of excess leave or permissive temporary
duty under section 1149 of title 10, United States Code, as a
member who is stationed overseas.
(b) DEFINITION.—For purposes of this section, the term ‘‘con-
tinental United States’’ means the 48 contiguous States and the
District of Columbia.
SEC. 634. SPECIAL PAY FOR CERTAIN DISABLED MEMBERS.
(a) SPECIAL PAY FOR CERTAIN DISABLED MEMBERS.—A person
who has a service-connected disability rated as total may be paid
special pay under this section if the person is entitled to emergency
officers’, regular, or reserve retirement pay based solely on—
(1) the person’s age;
(2) the length of the person’s service in the uniformed
services; or
(3) both the person’s age and the length of such service.
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H. R. 2401—139
(b) AMOUNT OF SPECIAL PAY.—The amount of special pay that
may be paid a person under subsection (a) for any month may
not exceed the monthly amount of the compensation that is paid
such person under laws administered by the Secretary of Veterans
Affairs.
(c) FUNDING.—The cost of the special pay authorized to be
paid under this section shall be paid out of funds available to
the Department of Defense for travel of personnel of the Department
of Defense in positions within the Office of the Secretary of Defense,
the Office of the Secretary of the Army, the Office of the Secretary
of the Navy, and the Office of the Secretary of the Air Force.
(d) DEFINITIONS.—In this section, the terms ‘‘compensation’’
and ‘‘service-connected’’ have the meanings given such terms in
section 101 of title 38, United States Code.
(e) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),
this section shall take effect on January 1, 1994.
(2) This section shall not take effect if, before January 1,
1994, the Secretary of Defense submits to the Committees on Armed
Services of the Senate and House of Representatives the report
required by section 641 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2424).
(f) APPLICABILITY.—(1) Except as provided in paragraph (2),
this section shall apply to months that begin on or after the effective
date of this section.
(2) This section shall not be effective for months that begin
after September 30, 1994.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
SEC. 701. PRIMARY AND PREVENTIVE HEALTH CARE SERVICES FOR
WOMEN.
(a) FEMALE MEMBERS AND RETIREES OF THE UNIFORMED SERV-
ICES.—(1) Chapter 55 of title 10, United States Code, is amended
by inserting after section 1074c the following new section:
‘‘§ 1074d. Primary and preventive health care services for
women
‘‘(a) SERVICES AVAILABLE.—Female members and former mem-
bers of the uniformed services entitled to medical care under section
1074 or 1074a of this title shall also be entitled to primary and
preventive health care services for women as part of such medical
care.
‘‘(b) DEFINITION.—In this section, the term ‘primary and preven-
tive health care services for women’ means health care services,
including related counseling services, provided to women with
respect to the following:
‘‘(1) Papanicolaou tests (pap smear).
‘‘(2) Breast examinations and mammography.
‘‘(3) Comprehensive obstetrical and gynecological care,
including care related to pregnancy and the prevention of
pregnancy.
‘‘(4) Infertility and sexually transmitted diseases, including
prevention.
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H. R. 2401—140
‘‘(5) Menopause, including hormone replacement therapy
and counseling regarding the benefits and risks of hormone
replacement therapy.
‘‘(6) Physical or psychological conditions arising out of acts
of sexual violence.
‘‘(7) Gynecological cancers.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1074c
the following new item:
‘‘1074d. Primary and preventive health care services for women.’’.
(b) FEMALE DEPENDENTS.—Section 1077(a) of such title is
amended by adding at the end the following new paragraph:
‘‘(13) Primary and preventive health care services for
women (as defined in section 1074d(b) of this title).’’.
SEC. 702. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES
OF HEALTH BENEFITS.
(a) EXPANSION
OF DEFINITION.—Section 1072(2) of title 10,
United States Code, is amended—
(1) in subparagraph (G), by striking out ‘‘; and’’ and insert-
ing in lieu thereof a semicolon;
(2) in subparagraph (H), by striking out the period and
inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(I) an unmarried person who—
‘‘(i) is placed in the legal custody of the member
or former member as a result of an order of a court
of competent jurisdiction in the United States (or a
Territory or possession of the United States) for a
period of at least 12 consecutive months;
‘‘(ii) either—
‘‘(I) has not attained the age of 21;
‘‘(II) has not attained the age of 23 and is
enrolled in a full time course of study at an institu-
tion of higher learning approved by the administer-
ing Secretary; or
‘‘(III) is incapable of self support because of
a mental or physical incapacity that occurred while
the person was considered a dependent of the
member or former member under this subpara-
graph pursuant to subclause (I) or (II);
‘‘(iii) is dependent on the member or former mem-
ber for over one-half of the person’s support;
‘‘(iv) resides with the member or former member
unless separated by the necessity of military service
or to receive institutional care as a result of disability
or incapacitation or under such other circumstances
as the administering Secretary may by regulation pre-
scribe; and
‘‘(v) is not a dependent of a member or a former
member under any other subparagraph.’’.
(b) APPLICATION OF AMENDMENT.—Section 1072(2)(I) of title
10, United States Code, as added by subsection (a), shall apply
with respect to determinations of dependency made on or after
July 1, 1994.
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