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SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED
OFFICERS IN GRADES O–4, O–5, AND O–6.
(a) ARMY, AIR FORCE, AND MARINE CORPS.—The
table in section 523(a)(1) of title 10, United States Code,
is amended to read as follows:
‘‘Total number of commissioned officers (excluding officers in cat-
egories specified in subsection (b)) on active duty:
Number of officers who may be serv-
ing on active duty in the grade of:
Major
Lieutenant
Colonel
Colonel
Army:
20,000 .......................................................................................................
6,848
5,253
1,613
25,000 .......................................................................................................
7,539
5,642
1,796
30,000 .......................................................................................................
8,231
6,030
1,980
35,000 .......................................................................................................
8,922
6,419
2,163
40,000 .......................................................................................................
9,614
6,807
2,347
45,000 .......................................................................................................
10,305
7,196
2,530
50,000 .......................................................................................................
10,997
7,584
2,713
55,000 .......................................................................................................
11,688
7,973
2,897
60,000 .......................................................................................................
12,380
8,361
3,080
65,000 .......................................................................................................
13,071
8,750
3,264
70,000 .......................................................................................................
13,763
9,138
3,447
75,000 .......................................................................................................
14,454
9,527
3,631
80,000 .......................................................................................................
15,146
9,915
3,814
85,000 .......................................................................................................
15,837
10,304
3,997
90,000 .......................................................................................................
16,529
10,692
4,181
95,000 .......................................................................................................
17,220
11,081
4,364
100,000 .....................................................................................................
17,912
11,469
4,548
110,000 .....................................................................................................
19,295
12,246
4,915
120,000 .....................................................................................................
20,678
13,023
5,281
130,000 .....................................................................................................
22,061
13,800
5,648
170,000 .....................................................................................................
27,593
16,908
7,116
Air Force:
35,000 .......................................................................................................
9,216
7,090
2,125
40,000 .......................................................................................................
10,025
7,478
2,306
45,000 .......................................................................................................
10,835
7,866
2,487
50,000 .......................................................................................................
11,645
8,253
2,668
55,000 .......................................................................................................
12,454
8,641
2,849
60,000 .......................................................................................................
13,264
9,029
3,030
65,000 .......................................................................................................
14,073
9,417
3,211
70,000 .......................................................................................................
14,883
9,805
3,392
75,000 .......................................................................................................
15,693
10,193
3,573
80,000 .......................................................................................................
16,502
10,582
3,754
85,000 .......................................................................................................
17,312
10,971
3,935
90,000 .......................................................................................................
18,121
11,360
4,115
95,000 .......................................................................................................
18,931
11,749
4,296
100,000 .....................................................................................................
19,741
12,138
4,477
105,000 .....................................................................................................
20,550
12,527
4,658
110,000 .....................................................................................................
21,360
12,915
4,838
115,000 .....................................................................................................
22,169
13,304
5,019
120,000 .....................................................................................................
22,979
13,692
5,200
125,000 .....................................................................................................
23,789
14,081
5,381
Marine Corps:
10,000 .......................................................................................................
2,525
1,480
571
12,500 .......................................................................................................
2,900
1,600
592
15,000 .......................................................................................................
3,275
1,720
613
17,500 .......................................................................................................
3,650
1,840
633
20,000 .......................................................................................................
4,025
1,960
654
22,500 .......................................................................................................
4,400
2,080
675
25,000 .......................................................................................................
4,775
2,200
695’’.
(b) NAVY.—The table in section 523(a)(2) of title 10,
United States Code, is amended to read as follows:
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‘‘Total number of commissioned officers (excluding officers in cat-
egories specified in subsection (b)) on active duty:
Number of officers who may be serv-
ing on active duty in grade of:
Lieutenant
Com-
mander
Com-
mander
Captain
Navy:
30,000 .....................................................................................................
7,331
5,018
2,116
33,000 .....................................................................................................
7,799
5,239
2,223
36,000 .....................................................................................................
8,267
5,460
2,330
39,000 .....................................................................................................
8,735
5,681
2,437
42,000 .....................................................................................................
9,203
5,902
2,544
45,000 .....................................................................................................
9,671
6,123
2,651
48,000 .....................................................................................................
10,139
6,343
2,758
51,000 .....................................................................................................
10,606
6,561
2,864
54,000 .....................................................................................................
11,074
6,782
2,971
57,000 .....................................................................................................
11,541
7,002
3,078
60,000 .....................................................................................................
12,009
7,222
3,185
63,000 .....................................................................................................
12,476
7,441
3,292
66,000 .....................................................................................................
12,944
7,661
3,398
70,000 .....................................................................................................
13,567
7,954
3,541
90,000 .....................................................................................................
16,683
9,419
4,254’’.
(c) REPEAL OF TEMPORARY AUTHORITY FOR VARI-
ATIONS IN END STRENGTHS.—The following provisions of
law are repealed:
(1) Section 402 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160; 107 Stat. 1639; 10 U.S.C. 523 note).
(2) Section 402 of the National Defense Author-
ization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 2743; 10 U.S.C. 523 note).
(3) Section 402 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 286; 10 U.S.C. 523 note).
(d) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), and (c) shall take effect on September
1, 1997.
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SEC. 
404. 
EXTENSION 
OF 
REQUIREMENT 
FOR 
REC-
OMMENDATIONS REGARDING APPOINTMENTS
TO JOINT 4-STAR OFFICER POSITIONS.
Section 604(c) of title 10, United States Code, is
amended by striking out ‘‘September 30, 1997’’ and insert-
ing in lieu thereof ‘‘September 30, 2000’’.
SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL
OFFICERS ON ACTIVE DUTY IN THE MARINE
CORPS.
Section 526(a)(4) of title 10, United States Code, is
amended by striking out ‘‘68’’ and inserting in lieu thereof
‘‘80’’.
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 com-
ponents as of September 30, 1997, as follows:
(1) The Army National Guard of the United
States, 366,758.
(2) The Army Reserve, 214,925.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United
States, 108,904.
(6) The Air Force Reserve, 73,281.
(7) The Coast Guard Reserve, 8,000.
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(b) WAIVER AUTHORITY.—The Secretary of Defense
may vary 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 compo-
nent 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
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.
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SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT 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, 1997, the following number of Reserves
to be serving on full-time active duty or full-time duty, in
the case of members of the National Guard, for the purpose
of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United
States, 22,798.
(2) The Army Reserve, 11,475.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United
States, 10,403.
(6) The Air Force Reserve, 655.
SEC. 413. PERSONNEL MANAGEMENT RELATING TO ASSIGN-
MENT TO SERVICE IN THE SELECTIVE SERV-
ICE SYSTEM.
Section 10 of the Military Selective Service Act (50
U.S.C. App. 460) is amended—
(1) in subsection (b)(2), by inserting ‘‘, subject to
subsection (e),’’ after ‘‘to employ such number of civil-
ians, and’’; and
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(2) by inserting after subsection (d) the follow-
ing:
‘‘(e)(1) The number of armed forces personnel assigned
to the Selective Service System under subsection (b)(2) may
not exceed 745, except in a time of war declared by Congress
or national emergency declared by Congress or the Presi-
dent.
‘‘(2) Members of the Selected Reserve assigned to the
Selective Service System under subsection (b)(2) shall not
be counted for purposes of any limitation on the authorized
strength of Selected Reserve personnel of the reserve compo-
nents under any law authorizing the end strength of such
personnel.’’.
Subtitle C—Authorization of
Appropriations
SEC. 421. 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
1997 a total of $69,880,430,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1997.
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TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
SEC. 501. EXTENSION OF AUTHORITY FOR TEMPORARY
PROMOTIONS FOR CERTAIN NAVY LIEUTEN-
ANTS WITH CRITICAL SKILLS.
Section 5721(g) of title 10, United States Code, is
amended by striking out ‘‘September 30, 1996’’ and insert-
ing in lieu thereof ‘‘September 30, 1997’’.
SEC. 502. EXCEPTION TO BACCALAUREATE DEGREE RE-
QUIREMENT 
FOR 
APPOINTMENT 
IN 
THE
NAVAL RESERVE IN GRADES ABOVE O–2.
Section 12205(b)(3) of title 10, United States Code, is
amended by inserting ‘‘or the Seaman to Admiral pro-
gram’’ after ‘‘(NAVCAD) program’’.
SEC. 
503. 
TIME 
FOR 
AWARD 
OF 
DEGREES 
BY
UNACCREDITED 
EDUCATIONAL 
INSTITU-
TIONS FOR GRADUATES TO BE CONSIDERED
EDUCATIONALLY QUALIFIED FOR APPOINT-
MENT AS RESERVE OFFICERS IN GRADE O–3.
Section 12205(c)(2)(C) of title 10, United States Code,
is amended by striking out ‘‘three years’’ and inserting in
lieu thereof ‘‘eight years’’.
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SEC. 504. CHIEF WARRANT OFFICER PROMOTIONS.
(a) REDUCTION OF MINIMUM TIME IN GRADE RE-
QUIRED FOR CONSIDERATION FOR PROMOTION.—Section
574(e) of title 10, United States Code, is amended by strik-
ing out ‘‘three years of service’’ and inserting in lieu thereof
‘‘two years of service’’.
(b) BELOW-ZONE SELECTION.—Section 575(b)(1) of
such title is amended by inserting ‘‘chief warrant officer,
W–3,’’ in the first sentence after ‘‘to consider warrant offi-
cers for selection for promotion to the grade of’’.
SEC. 505. FREQUENCY OF PERIODIC REPORT ON PRO-
MOTION RATES OF OFFICERS CURRENTLY OR
FORMERLY SERVING IN JOINT DUTY ASSIGN-
MENTS.
Section 662(b) of title 10, United States Code, is
amended by striking out ‘‘not less often than every six
months’’ in the parenthetical in the first sentence and in-
serting in lieu thereof ‘‘not less often than every twelve
months’’.
SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH.
Section 5022(a) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) Unless appointed to higher grade under another
provision of law, an officer, while serving in the Office of
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Naval Research as Chief of Naval Research, has the rank
of rear admiral (upper half).’’.
SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND
MIDSHIPMEN IN SIMULTANEOUS MEMBER-
SHIP PROGRAM.
(a) AMENDMENTS TO TITLE 10.—(1) Section 2106(c)
of title 10, United States Code, is amended by striking out
‘‘while serving on active duty other than for training after
July 31, 1990, while a member of the Selected Reserve’’ and
inserting in lieu thereof ‘‘performed on or after August 1,
1979, as a member of the Selected Reserve’’.
(2) Section 2107(g) of such title is amended by striking
out ‘‘while serving on active duty other than for training
after July 31, 1990, while a member of the Selected Reserve’’
and inserting in lieu thereof ‘‘performed on or after August
1, 1979, as a member of the Selected Reserve’’.
(3) Section 2107a(g) of such title is amended by insert-
ing ‘‘, other than enlisted service performed after August
1, 1979, as a member of Selected Reserve’’ after ‘‘service
as a cadet or with concurrent enlisted service’’.
(b) AMENDMENT TO TITLE 37.—Section 205(d) of title
37, United States Code, is amended by striking out ‘‘that
service after July 31, 1990, that the officer performed while
serving on active duty’’ and inserting in lieu thereof ‘‘for
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service that the officer performed on or after August 1,
1979.’’.
(c) BENEFITS NOT TO ACCRUE FOR PRIOR PERI-
ODS.—No increase in pay or retired or retainer pay shall
accrue for periods before the date of the enactment of this
Act by reason of the amendments made by this section.
Subtitle B—Matters Relating to
Reserve Components
SEC. 511. CLARIFICATION OF DEFINITION OF ACTIVE STA-
TUS.
Section 101(d)(4) of title 10, United States Code, is
amended by striking out ‘‘a reserve commissioned officer,
other than a commissioned warrant officer,’’ and inserting
in lieu thereof the following: ‘‘a member of a reserve compo-
nent’’.
SEC. 512. AMENDMENTS TO RESERVE OFFICER PERSONNEL
MANAGEMENT ACT PROVISIONS.
(a) SERVICE REQUIREMENT
FOR RETIREMENT
IN
HIGHEST GRADE HELD.—Section 1370(d) of title 10, Unit-
ed States Code, is amended—
(1) by redesignating paragraph (3) as para-
graph (4);
(2) in paragraph (2)(A), by striking out ‘‘(A)’’;
(3) by redesignating paragraph (2)(B) as para-
graph (3); and
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(4) in paragraph (3), as so redesignated—
(A) by designating the first sentence as sub-
paragraph (A);
(B) by designating the second sentence as
subparagraph (B) and realigning such subpara-
graph, as so redesignated, flush to the left mar-
gin;
(C) in subparagraph (B), as so redesig-
nated, by striking out ‘‘the preceding sentence’’
and inserting in lieu thereof ‘‘subparagraph
(A)’’; and
(D) by adding at the end the following:
‘‘(C) If a person covered by subparagraph (A) has com-
pleted at least six months of satisfactory service in grade,
the person was serving in that grade while serving in a
position of adjutant general required under section 314 of
title 32 or while serving in a position of assistant adjutant
general subordinate to such a position of adjutant general,
and the person has failed to complete three years of service
in that grade solely because the person’s appointment to
such position has been terminated or vacated as described
in section 324(b) of such title, then such person may be cred-
ited with satisfactory service in that grade, notwithstanding
the failure to complete three years of service in that grade.
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‘‘(D) To the extent authorized by the Secretary of the
military department concerned, a person who, after having
been recommended for promotion in a report of a promotion
board but before being promoted to the recommended grade,
served in a position for which that grade is the minimum
authorized grade may be credited for purposes of subpara-
graph (A) as having served in that grade for the period
for which the person served in that position while in the
next lower grade. The period credited may not include any
period before the date on which the Senate provides advice
and consent for the appointment of that person in the rec-
ommended grade.
‘‘(E) To the extent authorized by the Secretary of the
military department concerned, a person who, after having
been extended temporary Federal recognition as a reserve
officer of the Army National Guard in a particular grade
under section 308 of title 32 or temporary Federal recogni-
tion as a reserve officer of the Air National Guard in a
particular grade under such section, served in a position
for which that grade is the minimum authorized grade may
be credited for purposes of subparagraph (A) as having
served in that grade for the period for which the person
served in that position while extended the temporary Fed-
eral recognition, but only if the person was subsequently
extended permanent Federal recognition as a reserve officer
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in that grade and also served in that position after being
extended the permanent Federal recognition.’’.
(b) EXCEPTION TO REQUIREMENT FOR RETENTION OF
RESERVE OFFICERS UNTIL COMPLETION OF REQUIRED
SERVICE.—Section 12645(b)(2) of such title is amended by
inserting ‘‘or a reserve active-status list’’ after ‘‘active-duty
list’’.
(c) TECHNICAL CORRECTION.—Section 14314(b)(2)(B)
of such title is amended by striking out ‘‘of the Air Force’’.
SEC. 513. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMI-
NATIONS OF MEMBERS OF NATIONAL GUARD
CALLED INTO FEDERAL SERVICE.
(a) REPEAL.—Section 12408 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 1209 is amended by striking out
the item relating to section 12408.
SEC. 514. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO
WAIVE RETIREMENT SANCTUARY.
Section 12686 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a) LIMITATION.—’’ before
‘‘Under regulations’’; and
(2) by adding at the end the following new sub-
section:
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‘‘(b) WAIVER.—(1) The Secretary concerned may au-
thorize a member described in paragraph (2) to waive the
applicability of the limitation under subsection (a) to the
member for the period of active duty described in that para-
graph. A member shall exercise any such waiver option, if
at all, before the period of active duty begins.
‘‘(2) The authority provided in paragraph (1) applies
to a member of a reserve component who is on active duty
(other than for training) pursuant to an order to active
duty under section 12301 of this title that specifies a period
of less than 180 days.’’.
SEC. 515. RETIREMENT OF RESERVES DISABLED BY INJURY
OR DISEASE INCURRED OR AGGRAVATED
DURING OVERNIGHT STAY BETWEEN INAC-
TIVE DUTY TRAINING PERIODS.
Paragraph (2) of section 1204 of title 10, United
States Code, is amended to read as follows:
‘‘(2) the disability is a result of—
‘‘(A) performing active duty or inactive-
duty training;
‘‘(B) traveling directly to or from the place
at which such duty is performed; or
‘‘(C) an injury, illness, or disease incurred
or aggravated while remaining overnight, be-
tween successive periods of inactive-duty train-
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ing, at or in the vicinity of the site of the inac-
tive duty training, if the site is outside reason-
able commuting distance of the member’s resi-
dence;’’.
SEC. 516. RESERVE CREDIT FOR PARTICIPATION IN THE
HEALTH PROFESSIONS SCHOLARSHIP AND FI-
NANCIAL ASSISTANCE PROGRAM.
(a) CREDIT AUTHORIZED.—Section 2126 of title 10,
United States Code, is amended—
(1) by striking out ‘‘Service performed’’ and in-
serting in lieu thereof ‘‘(a) SERVICE NOT CRED-
ITABLE.—Except as provided in subsection (b), serv-
ice performed’’; and
(2) by adding at the end the following:
‘‘(b) EXCEPTION.—(1) The Secretary concerned may
authorize service performed by a member of the program
in pursuit of a course of study under this subchapter to
be counted in accordance with this subsection if the mem-
ber—
‘‘(A) completes the course of study;
‘‘(B) completes the active duty obligation im-
posed under section 2123(a) of this title; and
‘‘(C) possesses a specialty designated by the Sec-
retary concerned as critically needed in wartime.
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‘‘(2) Service credited under paragraph (1) counts only
for the following purposes:
‘‘(A) Award of retirement points for computation
of years of service under section 12732 of this title
and for computation of retired pay under section
12733 of this title.
‘‘(B) Computation of years of service creditable
under section 205 of title 37.
‘‘(3) For purposes of paragraph (2)(A), a member may
be credited in accordance with paragraph (1) with not more
than 50 points for each year of participation in a course
of study that the member satisfactorily completes as a mem-
ber of the program.
‘‘(4) Service may not be counted under paragraph (1)
for more than four years of participation in a course of
study as a member of the program.
‘‘(5) A member who is dropped from the program
under section 2123(c) of this title may not receive any cred-
it under paragraph (1) for participation in a course of
study as a member of the program. Any credit awarded
for participation in the program before the member is
dropped shall be rescinded.
‘‘(6) A member is not entitled to any retroactive award
of, or increase in, pay or allowances under title 37 by rea-
son of an award of service credit under paragraph (1).’’.
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(b) AWARD
OF RETIREMENT POINTS.—(1) Section
12732(a)(2) of such title is amended—
(A) by inserting after clause (C) the following:
‘‘(D) Points credited for the year under sec-
tion 2126(b) of this title.’’; and
(B) in the matter following clause (D), as in-
serted by paragraph (1), by striking out ‘‘and (C)’’
and inserting in lieu thereof ‘‘(C), and (D)’’.
(2) Section 12733(3) of such title is amended by strik-
ing out ‘‘or (C)’’ and inserting in lieu thereof ‘‘(C), or (D)’’.
SEC. 517. REPORT ON GUARD AND RESERVE FORCE STRUC-
TURE.
(a) REPORT.—Not later than March 1, 1997, the Sec-
retary of Defense shall submit to Congress a report on the
current force structure and the projected force structure of
the National Guard and the other reserve components.
(b) REPORT ELEMENTS.—The report required by sub-
section (a) shall address the following:
(1) The role of specific guard and reserve units
in the current force structure of the guard and re-
serves.
(2) The projected role of specific guard units and
reserve units in a major regional contingency.
(3) Whether or not the current force structure of
the guard and reserves is excess to the combat readi-
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ness requirements of the Armed Forces and, if so, to
what extent.
(4) The effect of decisions relating to the force
structure of the guard and reserves on combat readi-
ness within the tiered structure of combat readiness
applied to the Armed Forces.
SEC. 518. MODIFIED END STRENGTH AUTHORIZATION FOR
MILITARY TECHNICIANS FOR THE AIR NA-
TIONAL GUARD FOR FISCAL YEAR 1997.
Section 513(b)(3) of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 305; 10 U.S.C. 115 note) is amended to read as fol-
lows:
‘‘(3) Air National Guard:
‘‘(A) For fiscal year 1996, 22,906.
‘‘(B) For fiscal year 1997, 22,956.’’.
Subtitle C—Officer Education
Programs
SEC. 521. INCREASED AGE LIMIT ON APPOINTMENT AS A
CADET OR MIDSHIPMAN IN THE SENIOR RE-
SERVE OFFICERS’ TRAINING CORPS AND THE
SERVICE ACADEMIES.
(a) SENIOR RESERVE OFFICERS’ TRAINING CORPS.—
Section 2107(a) of title 10, United States Code, is amended
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(b) PROJECT REQUIREMENTS.—(1) The Secretary
shall carry out the demonstration project at least one insti-
tution.
(2) In order to enhance the value of the project, the
Secretary may take actions to ensure that members of the
Army Reserve and the Army National Guard provide in-
struction and support under the project in a variety of in-
novative ways.
(c) INAPPLICABILITY OF LIMITATION ON RESERVES IN
SUPPORT OF ROTC.—The assignment of a member of the
Army Reserve or the Army National Guard to provide in-
struction or support under the demonstration project shall
not be treated as an assignment of the member to duty with
a unit of a Reserve Officer Training Corps program for
purposes of section 12321 of title 10, United States Code.
(d) REPORTS.—Not later than February 1 in each of
1998, 1999, 2000, and 2001, the Secretary shall submit to
Congress a report assessing the activities under the project
during the preceding year. The report submitted in 2000
shall include the Secretary’s recommendation as to the ad-
visability of continuing or expanding the authority for the
project.
(e) TERMINATION.—The authority of the Secretary to
carry out the demonstration project shall expire four years
after the date of the enactment of this Act.
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SEC. 523. PROHIBITION ON REORGANIZATION OF ARMY
ROTC CADET COMMAND OR TERMINATION OF
SENIOR ROTC UNITS PENDING REPORT ON
ROTC.
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, the Secretary of the Army may not reorganize
or restructure the Reserve Officers Training Corps Cadet
Command or terminate any Senior Reserve Officer Train-
ing Corps units identified in the Information for Members
of Congress concerning Senior Reserve Officer Training
Corps (ROTC) Unit Closures dated May 20, 1996, until
180 days after the date on which the Secretary submits to
the congressional defense committees the report described in
subsection (b).
(b) REPORT.—The report referred to in subsection (a)
shall—
(1) describe the selection process used to identify
the Reserve Officer Training Corps units of the Army
to be terminated;
(2) list the criteria used by the Army to select
Reserve Officer Training Corps units for termination;
(3) set forth the specific ranking of each unit of
the Reserve Officer Training Corps of the Army to be
terminated as against all other such units;
(4) set forth the authorized and actual cadre
staffing of each such unit to be termination for each
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fiscal year of the 10-fiscal year period ending with
fiscal year 1996;
(5) set forth the production goals and perform-
ance evaluations of each Reserve Officer Training
Corps unit of the Army on the closure list for each
fiscal year of the 10-fiscal year period ending with
fiscal year 1996;
(6) describe how cadets currently enrolled in the
units referred to in paragraph (5) will be accommo-
dated after the closure of such units;
(7) describe the incentives to enhance the Reserve
Officer Training Corps program that are provided by
each of the colleges on the closure list;
(8) include the projected officer accession plan by
source of commission for the active-duty Army, the
Army Reserve, and the Army National Guard; and
(9) describe whether the closure of any ROTC
unit will adversely effect the recruitment of minority
officer candidates.
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Subtitle D—Other Matters
SEC. 531. RETIREMENT AT GRADE TO WHICH SELECTED
FOR PROMOTION WHEN A PHYSICAL DISABIL-
ITY IS FOUND AT ANY PHYSICAL EXAMINA-
TION.
Section 1372(3) of title 10, United States Code, is
amended by striking out ‘‘his physical examination for pro-
motion’’ and inserting in lieu thereof ‘‘a physical examina-
tion’’.
SEC. 532. LIMITATIONS ON RECALL OF RETIRED MEMBERS
TO ACTIVE DUTY.
(a) NUMBER ON ACTIVE DUTY CONCURRENTLY.—Sub-
section (c) of section 688 of title 10, United States Code,
is amended—
(1) by striking out ‘‘(c) Except in time of war,
or of national emergency declared by Congress or the
President after November 30, 1980, not’’ and insert-
ing in lieu thereof ‘‘(c)(1) Not’’; and
(2) by adding at the end the following:
‘‘(2)(A) Not more than 25 officers of any one armed
force may be serving on active duty concurrently pursuant
to orders to active duty issued under this section.
‘‘(B) In the administration of subparagraph (A), the
following officers shall not be counted:
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‘‘(i) A chaplain who is assigned to duty as a
chaplain for the period of active duty to which or-
dered.
‘‘(ii) A health care professional (as characterized
by the Secretary concerned) who is assigned to duty
as a health care professional for the period of the ac-
tive duty to which ordered.
‘‘(iii) Any officer assigned to duty with the
American Battle Monuments Commission for the pe-
riod of active duty to which ordered.’’.
(b) OFFICERS RETIRED ON SELECTIVE EARLY RE-
TIREMENT BASIS.—Such section is amended by adding at
the end the following:
‘‘(e) The following officers may not be ordered to active
duty under this section:
‘‘(1) An officer who retired under section 638 of
this title.
‘‘(2) An officer who—
‘‘(A) after having been notified that the offi-
cer was to be considered for early retirement
under section 638 of this title by a board con-
vened under section 611(b) of this title and be-
fore being considered by that board, requested re-
tirement under section 3911, 6323, or 8911 of
this title; and
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‘‘(B) was retired pursuant to that request.’’.
(c) LIMITATION OF PERIOD OF RECALL SERVICE.—
Such section, as amended by subsection (b), is further
amended by adding at the end the following:
‘‘(f) A member ordered to active duty under subsection
(a) may not serve on active duty pursuant to orders under
such subsection for more than 12 months within the 24
months following the first day of the active duty to which
ordered under this section.’’.
(d) WAIVER
FOR PERIODS
OF WAR
OR NATIONAL
EMERGENCY.—Such section, as amended by subsection (c),
is further amended by adding at the end the following:
‘‘(g)(1) Subsection (c)(1) does not apply in time of war
or of national emergency declared by Congress or the Presi-
dent after November 30, 1980.
‘‘(2) Subsections (c)(2), (e), and (f) do not apply in
time of war or of national emergency declared by Congress
or the President.’’.
SEC. 533. DISABILITY COVERAGE FOR OFFICERS GRANTED
EXCESS 
LEAVE 
FOR 
EDUCATIONAL 
PUR-
POSES.
(a) ELIGIBILITY FOR RETIREMENT.—Section 1201 of
title 10, United States Code, is amended—
(1) by inserting ‘‘(a) RETIREMENT.—’’ before
‘‘Upon a determination’’;
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(2) by striking out ‘‘a member of a regular com-
ponent of the armed forces entitled to basic pay, or
any other member of the armed forces entitled to basic
pay who has been called or ordered to active duty
(other than for training under section 10148(a) of
this title) for a period of more than 30 days,’’ and
inserting in lieu thereof ‘‘a member described in sub-
section (b)’’;
(3) by inserting after ‘‘incurred while entitled to
basic pay’’ the following: ‘‘or incurred while absent as
described in section 502(b) of title 37 to participate
in an educational program (even though not entitled
to basic pay by operation of such section)’’; and
(4) by adding at the end the following:
‘‘(b) ELIGIBLE MEMBERS.—This section applies to the
following members:
‘‘(1) A member of a regular component of the
armed forces entitled to basic pay.
‘‘(2) Any other member of the armed forces enti-
tled to basic pay who has been called or ordered to
active duty (other than for training under section
10148(a) of this title) for a period of more than 30
days.
‘‘(3) A member of a regular component of the
armed forces who is on active duty but is absent as
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described in section 502(b) of title 37 to participate
in an educational program.’’.
(b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY DIS-
ABILITY RETIREMENT LIST.—Section 1202 of title 10,
United States Code, is amended—
(1) by inserting ‘‘(a) TEMPORARY
RETIRE-
MENT.—’’ before ‘‘Upon a determination’’; and
(2) by striking out ‘‘a member of a regular com-
ponent of the armed forces entitled to basic pay, or
any other member of the armed forces entitled to basic
pay who has been called or ordered to active duty
(other than for training under section 10148(a) of
this title) for a period of more than 30 days,’’ and
inserting in lieu thereof ‘‘a member described in sec-
tion 1201(b) of this title’’.
(c) ELIGIBILITY FOR SEPARATION.—Section 1203 of
title 10, United States Code, is amended—
(1) by inserting ‘‘(a) SEPARATION.—’’ before
‘‘Upon a determination’’;
(2) by striking out ‘‘a member of a regular com-
ponent of the armed forces entitled to basic pay, or
any other member of the armed forces entitled to basic
pay who has been called or ordered to active duty
(other than for training under section 10148(a) of
this title) for a period of more than 30 days,’’ and
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inserting in lieu thereof ‘‘a member described in sec-
tion 1201(b) of this title’’; and
(3) by inserting after ‘‘incurred while entitled to
basic pay’’ the following: ‘‘or incurred while absent as
described in section 502(b) of title 37 to participate
in an educational program (even though not entitled
to basic pay by operation of such section)’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act and shall apply with respect to physical disabilities in-
curred on or after such date.
SEC. 534. UNIFORM POLICY REGARDING RETENTION OF
MEMBERS WHO ARE PERMANENTLY NON-
WORLDWIDE ASSIGNABLE.
(a) POLICY REQUIRED.—Chapter 59 of title 10, Unit-
ed States Code, is amended by inserting after section 1176
the following:
‘‘§ 1177. Uniform policy regarding retention of mem-
bers who are permanently nonworldwide
assignable
‘‘The Secretary of Defense shall prescribe regulations
setting forth uniform policies and procedures regarding re-
tention of members of the Army, Navy, Air Force, and Ma-
rine Corps who are permanently nonworldwide assignable
for medical reasons.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 1176 the following:
‘‘1177. Uniform policy regarding retention of members who are permanently non-
worldwide assignable.’’.
SEC. 535. AUTHORITY TO EXTEND PERIOD FOR ENLIST-
MENT IN REGULAR COMPONENT UNDER THE
DELAYED ENTRY PROGRAM.
(a) AUTHORITY.—Section 513(b) of title 10, United
States Code, is amended by inserting after the first sentence
the following: ‘‘The Secretary concerned may extend the
365-day period for a person for up to 180 additional days
if the Secretary determines that it is in the best interests
of the armed force under the Secretary’s jurisdiction to do
so.’’.
(b) TECHNICAL AMENDMENTS.—Section 513(b) of such
title, as amended by subsection (a), is further amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by designating the third sentence as para-
graph (2) and realigning such paragraph, as so des-
ignated, flush to the left margin; and
(3) in paragraph (2), as so designated, by strik-
ing out ‘‘the preceding sentence’’ and inserting in lieu
thereof ‘‘paragraph (1)’’.
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SEC. 536. CAREER SERVICE REENLISTMENTS FOR MEMBERS
WITH AT LEAST 10 YEARS OF SERVICE.
Subsection (d) of section 505 of title 10, United States
Code, is amended to read as follows:
‘‘(d)(1) The Secretary concerned may accept a reenlist-
ment in the Regular Army, Regular Navy, Regular Air
Force, Regular Marine Corps, or Regular Coast Guard, as
the case may be, for a period determined under this sub-
section.
‘‘(2) In the case of a member who has less than 10
years of service in the armed forces as of the day before
the first day of the period for which reenlisted, the period
for which the member reenlists shall be at least two years
but not more than six years.
‘‘(3) In the case of a member who has at least 10 years
of service in the armed forces as of the day before the first
day of the period for which reenlisted, the Secretary con-
cerned may accept a reenlistment for either—
‘‘(A) a specified period of at least two years
but not more than six years; or
‘‘(B) an unspecified period.
‘‘(4) No enlisted member is entitled to be reenlisted for
a period that would expire before the end of the member’s
current enlistment.’’.
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SEC. 537. REVISIONS TO MISSING PERSONS AUTHORITIES.
(a) REPEAL OF APPLICABILITY OF AUTHORITIES TO
DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES
AND
CONTRACTOR EMPLOYEES.—(1) Section 1501 of title 10,
United States Code, is amended—
(A) by striking out subsection (c) and inserting
in lieu thereof the following new subsection (c):
‘‘(c) 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.’’;
and
(B) by striking out subsection (f).
(2) Section 1503(c) of such title is amended—
(A) in paragraph (1), by striking out ‘‘one indi-
vidual described in paragraph (2)’’ and inserting in
lieu thereof ‘‘one military officer’’;
(B) by striking out paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(3) Section 1504(d) of such title is amended—
(A) by striking out the text of paragraph (1) and
inserting in lieu thereof the following new text: ‘‘A
board under this section shall be composed of at least
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three members who are officers having the grade of
major or lieutenant commander or above.’’; and
(B) in paragraph (4), by striking out ‘‘section
1503(c)(4)’’ and inserting in lieu thereof ‘‘section
1503(c)(3)’’.
(4) Paragraph (1) of section 1513 of such title is
amended to read as follows:
‘‘(1) The term ‘missing person’ means a member
of the armed forces on active duty who is in a miss-
ing status.’’.
(b) REPORT ON PRELIMINARY ASSESSMENT OF STA-
TUS.—(1) Section 1502 of title 10, United States Code, is
amended—
(A) in subsection (a)(2)—
(i) by striking out ‘‘48 hours’’ and inserting
in lieu thereof ‘‘10 days’’; and
(ii) by striking out ‘‘theater component
commander with jurisdiction over the missing
person’’ and inserting in lieu thereof ‘‘Secretary
concerned’’;
(B) by striking out subsection (b);
(C) by redesignating subsection (c) as subsection
(b); and
(D) in subsection (b), as so redesignated, by
striking out the second sentence.
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(2) Section 1503(a) of such title is amended by strik-
ing out ‘‘section 1502(b)’’ and inserting in lieu thereof ‘‘sec-
tion 1502(a)’’.
(3) Section 1513 of such title is amended by striking
out paragraph (8).
(c) REPEAL OF REQUIREMENTS FOR COUNSELS FOR
MISSING PERSONS.—(1) Section 1503 of title 10, United
States Code, is amended—
(A) by striking out subsection (f); and
(B) by redesignating subsections (g) through (k)
as subsections (f) through (j), respectively.
(2) Section 1504 of such title is amended—
(A) by striking out subsection (f); and
(B) by redesignating subsections (g) through (m)
as subsections (f) through (l), respectively.
(3) Such section 1503 is further amended—
(A) in subsection (g)(3), as redesignated by
paragraph (1)(B) of this subsection, by striking out
‘‘subsection (j)’’ and inserting in lieu thereof ‘‘sub-
section (i)’’;
(B) in subsection (h)(1), as so redesignated, by
striking out ‘‘subsection (h)’’ and inserting in lieu
thereof ‘‘subsection (g)’’;
(C) in subsection (i), as so redesignated—
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(i) by striking out ‘‘subsection (i)’’ in the
matter preceding paragraph (1) and inserting in
lieu thereof ‘‘subsection (h)’’; and
(ii) in paragraph (1)(B), by striking out
‘‘subsection (h)’’ and inserting in lieu thereof
‘‘subsection (g)’’; and
(D) in subsection (j), as so redesignated, by
striking out ‘‘subsection (i)’’ and inserting in lieu
thereof ‘‘subsection (h)’’.
(4) Such section 1504 of such title is amended—
(A) in subsection (a), by striking out ‘‘section
1503(i)’’ and inserting in lieu thereof ‘‘section
1503(h)’’;
(B) in subsection (e)(1), by striking out ‘‘section
1503(h)’’ and inserting in lieu thereof ‘‘section
1503(g)’’;
(C) in subsection (f), as redesignated by para-
graph (2)(B) of this subsection, by striking out ‘‘sub-
section (i)’’ each place it appears in paragraphs
(4)(D) and (5)(B) and inserting in lieu thereof ‘‘sub-
section (h)’’;
(D) in subsection (g)(3)(A), as so redesignated,
by striking out ‘‘and the counsel for the missing per-
son appointed under subsection (f)’’;
(E) in subsection (j), as so redesignated—
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(i) in paragraph (1)—
(I) by striking out ‘‘subsection (j)’’ in
the matter preceding subparagraph (A) and
inserting in lieu thereof ‘‘subsection (i)’’;
(II) by inserting ‘‘and’’ at the end of
subparagraph (A);
(III) by striking out subparagraph
(B); and
(IV) by redesignating subparagraph
(C) as subparagraph (B) and in that sub-
paragraph, as so redesignated, by striking
out ‘‘subsection (g)(5)’’ and inserting in
lieu thereof ‘‘subsection (f)(5)’’; and
(ii) in paragraph (2), by striking out ‘‘sub-
paragraph (C)’’ and inserting in lieu thereof
‘‘subparagraph (B)’’;
(F) in subsection (k), as redesignated by para-
graph (2)(B) of this subsection, by striking out ‘‘sub-
section (k)’’ in the matter preceding paragraph (1)
and inserting in lieu thereof ‘‘subsection (j)’’; and
(G) in subsection (l), as so redesignated, by strik-
ing out ‘‘subsection (k)’’ and inserting in lieu thereof
‘‘subsection (l)’’.
(5) Section 1505(c) of such title is amended—
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(A) in paragraph (2), by striking out ‘‘(A) the
designated missing person’s counsel for that person,
and (B)’’; and
(B) in paragraph (3), by striking out ‘‘, with the
advice’’ and all that follows through ‘‘paragraph
(2),’’.
(6) Section 1509(a) of such title is amended by strik-
ing out ‘‘section 1504(g)’’ and inserting in lieu thereof ‘‘sec-
tion 1504(f)’’.
(d) FREQUENCY
OF SUBSEQUENT REVIEWS.—Sub-
section (b) of section 1505 of title 10, United States Code,
is amended to read as follows:
‘‘(b) FREQUENCY
OF SUBSEQUENT REVIEWS.—The
Secretary concerned shall conduct inquiries into the where-
abouts and status of a person under subsection (a) upon
receipt of information that may result in a change of status
of the person. The Secretary concerned shall appoint a
board to conduct such inquiries.’’.
(e) REPEAL OF STATUTORY PENALTIES FOR WRONG-
FUL WITHHOLDING
OF INFORMATION.—Section 1506 of
title 10, United States Code, is amended—
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection
(e).
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(f) INFORMATION TO ACCOMPANY RECOMMENDATION
OF STATUS OF DEATH.—Section 1507(b) of title 10, United
States Code, is amended by striking out paragraphs (3) and
(4).
(g) REPEAL OF RIGHT OF JUDICIAL REVIEW.—Section
1508 of title 10, United States Code, is repealed.
(h) SCOPE OF PREENACTMENT REVIEW.—(1) Section
1509 of title 10, United States Code, is amended—
(A) in subsection (b)—
(i) by striking out paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively;
(B) by striking out subsection (c);
(C) by redesignating subsection (d) as subsection
(c); and
(D) in subsection (c), as so redesignated—
(i) by striking out paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively.
(2) The section heading of such section is amended by
striking out ‘‘, special interest cases’’.
(i) CLERICAL AMENDMENTS.—The table of sections at
the beginning of chapter 76 of title 10, United States Code,
is amended—
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(1) in the item relating to section 1509, by strik-
ing out ‘‘, special interest cases’’; and
(2) by striking out the item relating to section
1509.
SEC. 538. INAPPLICABILITY OF SOLDIERS’ AND SAILORS’
CIVIL RELIEF ACT OF 1940 TO THE PERIOD OF
LIMITATIONS FOR FILING CLAIMS FOR COR-
RECTIONS OF MILITARY RECORDS.
(a) EXTENSION OF PERIOD.—Section 1552(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) Notwithstanding the provisions of section 205 of
the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50
U.S.C. App. 525), and any other provision of law, the three-
year period for filing a request for correction of records is
not extended by reason of military service. However, in de-
termining under paragraph (1) whether it is in the interest
of justice to excuse a failure timely to file a request for cor-
rection, the board shall consider the claimant’s military
service and its effect on the claimant’s ability to file a
claim.’’.
(b) EFFECTIVE DATE.—Paragraph (2) of section
1552(b) of such title, as added by subsection (a), shall take
effect three years after the date of the enactment of this Act.
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SEC. 539. MEDAL OF HONOR FOR CERTAIN AFRICAN-AMER-
ICAN SOLDIERS WHO SERVED IN WORLD WAR
II.
(a) INAPPLICABILITY
OF TIME LIMITATIONS.—Not-
withstanding the time limitations in section 3744(b) of title
10, United States Code, or any other time limitation, the
President may award the Medal of Honor to each person
identified in subsection (b), each such person having distin-
guished himself conspicuously by gallantry and intrepidity
at the risk of his life above and beyond the call of duty
while serving in the United States Army during World War
II.
(b) APPLICABILITY.—The authority in this section ap-
plies with respect to the following persons:
(1) Vernon J. Baker, who served as a first lieu-
tenant in the 370th Infantry Regiment, 92nd Infan-
try Division.
(2) Edward A. Carter, who served as a staff ser-
geant in the 56th Armored Infantry Battalion, 12th
Armored Division.
(3) John R. Fox, who served as a first lieutenant
in the 366th Infantry Regiment, 92nd Infantry Divi-
sion.
(4) Willy F. James, Jr., who served as a private
first class in the 413th Infantry Regiment, 104th In-
fantry Division.
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(5) Ruben Rivers, who served as a staff sergeant
in the 761st Tank Battalion.
(6) Charles L. Thomas, who served as a first
lieutenant in the 614th Tank Destroyer Battalion.
(7) George Watson, who served as a private in
the 29th Quartermaster Regiment.
(c) POSTHUMOUS AWARD.—The Medal of Honor may
be awarded under this section posthumously, as provided
in section 3752 of title 10, United States Code.
(d) PRIOR AWARD.—The Medal of Honor may be
awarded under this section for service for which a Distin-
guished-Service Cross, or other award, has been awarded.
SEC. 540. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE
CORPS.
(a) CHIEF OF ARMY NURSE CORPS.—Subsection (b)
of section 3069 of title 10, United States Code, is amend-
ed—
(1) in the first sentence, by striking out ‘‘major’’
and inserting in lieu thereof ‘‘lieutenant colonel’’;
(2) by inserting after the first sentence the fol-
lowing: ‘‘An appointee who holds a lower regular
grade shall be appointed in the regular grade of brig-
adier general.’’; and
(3) in the last sentence, by inserting ‘‘to the same
position’’ before the period at the end.
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(b) ASSISTANT CHIEF.—Subsection (c) of such section
is amended by striking out ‘‘major’’ in the first sentence
and inserting in lieu thereof ‘‘lieutenant colonel’’.
(c) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 3069. Army Nurse Corps: composition; Chief and as-
sistant chief; appointment; grade
(2) The item relating to such section in the table of
sections at the beginning of chapter 307 of title 10, United
States Code, is amended to read as follows:
‘‘3069. Army Nurse Corps: composition; Chief and assistant chief; appointment;
grade.’’.
SEC. 541. CHIEF AND ASSISTANT CHIEF OF AIR FORCE
NURSE CORPS.
(a) POSITIONS AND APPOINTMENT.—Chapter 807 of
title 10, United States Code, is amended by inserting after
section 8067 the following:
‘‘§ 3069. Air Force nurses: Chief and assistant chief;
appointment; grade
‘‘(a) POSITIONS OF CHIEF AND ASSISTANT CHIEF.—
There are a Chief and assistant chief of the Air Force Nurse
Corps.
‘‘(b) CHIEF.—The Secretary of the Air Force shall ap-
point the Chief from the officers of the Regular Air Force
designated as Air Force nurses whose regular grade is above
lieutenant colonel and who are recommended by the Sur-
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geon General. An appointee who holds a lower regular grade
shall be appointed in the regular grade of brigadier general.
The Chief serves during the pleasure of the Secretary, but
not for more than three years, and may not be reappointed
to the same position.
‘‘(c) ASSISTANT CHIEF.—The Surgeon General shall
appoint the assistant chief from the officers of the Regular
Air Force designated as Air Force nurses whose regular
grade is above lieutenant colonel.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
section 8067 the following:
‘‘3069. Air Force Nurse Corps: Chief and assistant chief; appointment; grade.’’.
SEC. 542. WAIVER OF TIME LIMITATIONS FOR AWARD OF
CERTAIN DECORATIONS TO SPECIFIED PER-
SONS.
(a) WAIVER OF TIME LIMITATION.—Any limitation es-
tablished by law or policy for the time within which a rec-
ommendation for the award of a military decoration or
award must be submitted shall not apply in the case of
awards of decorations as described in subsection (b), the
award of each such decoration having been determined by
the Secretary of the Navy to be warranted in accordance
with section 1130 of title 10, United States Code.
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(b) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to awards of the Distinguished Flying Cross for
service during World War II as follows:
(1) FIRST AWARD.—First award, for completion
of at least 20 qualifying combat missions, to the fol-
lowing members and former members of the Armed
Forces:
Vernard V. Aiken of Wilmington, Vermont.
Ira V. Babcock of Dothan, Georgia.
George S. Barlow of Grafton, Virginia.
Earl A. Bratton of Bodega Bay, California.
Herman C. Edwards of Johns Island, South
Carolina.
James M. Fitzgerald of Anchorage, Alaska.
Paul L. Hitchcock of Raleigh, North Caro-
lina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Caro-
lina.
Otis Lancaster of Wyoming, Michigan.
John B. McCabe of Biglerville, Pennsylva-
nia.
James P. Merriman of Midland, Texas.
The late Michael L. Michalak, formerly of
Akron, New York.
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The late Edward J. Naparkowsky, formerly
of Hartford, Connecticut.
A. Jerome Pfeiffer of Racine, Wisconsin.
Duane L. Rhodes of Earp, California.
Frank V. Roach of Bloomfield, New Jersey.
Arnold V. Rosekrans of Horseheads, New
York.
Joseph E. Seaman, Jr. of Bordentown, New
Jersey.
Luther E. Thomas of Panama City, Flor-
ida.
Merton S. Ward of South Hamilton, Massa-
chusetts.
Simon L. Webb of Magnolia, Mississippi.
Jerry W. Webster of Leander, Texas.
Stanley J. Orlowski of Jackson, Michigan.
(2) SECOND AWARD.—Second award, for comple-
tion of at least 40 qualifying combat missions, to the
following members and former members of the Armed
Forces:
Ralph J. Deceuster of Dover, Ohio.
Elbert J. Kimble of San Francisco, Califor-
nia.
George W. Knauff of Monument, Colorado.
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John W. Lincoln of Rockland, Massachu-
setts.
Alan D. Marker of Sonoma, California.
Joseph J. Oliver of White Haven, Penn-
sylvania.
Arthur C. Adair of Grants Pass, Oregon.
Daniel K. Connors of Hampton, New
Hampshire.
Glen E. Danielson of Whittier, California.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
Warren E. Johnson of Vista, California.
Albert P. Emsley of Bothell, Washington.
Robert B. Carnes of West Yarmouth, Massa-
chusetts.
Urbain J. Fournier of Houma, Louisiana.
John B. Tagliapiri of St. Helena, Califor-
nia.
Ray B. Stiltner of Centralia, Washington.
(3) THIRD AWARD.—Third award, for comple-
tion of at least 60 qualifying combat missions, to the
following members and former members of the Armed
Forces:
Glenn Bowers of Dillsburg, Pennsylvania.
Arthur C. Casey of Irving, California.
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Robert J. Larsen of Gulf Breeze, Florida.
William A. Nickerson of Portland, Oregon.
David Mendoza of McAllen, Texas.
(4) FOURTH AWARD.—Fourth award, for comple-
tion of at least 80 qualifying combat missions, to the
following members and former members of the Armed
Forces:
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Robert Bair of Ontario, California.
(5) FIFTH AWARD.—Fifth award, for completion
of at least 100 qualifying combat missions, to the fol-
lowing members and former members of the Armed
Forces:
William A. Baldwin of San Clemente, Cali-
fornia.
George Bobb of Blackwood, New Jersey.
John R. Conrad of Hot Springs, Arkansas.
Herbert R. Hetrick of Roaring Springs,
Pennsylvania.
William L. Wells of Cordele, Georgia.
(6) SIXTH AWARD.—Sixth award, for completion
of at least 120 qualifying combat missions, to Rich-
ard L. Murray of Dallas, Texas.
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SEC. 543. MILITARY PERSONNEL STALKING PUNISHMENT
AND PREVENTION ACT OF 1996.
(a) SHORT TITLE.—This section may be cited as the
‘‘Military Personnel Stalking Punishment and Prevention
Act of 1996’’.
(b) IN GENERAL.—Title 18, United States Code, is
amended by inserting after section 2261 the following:
‘‘§ 2261A. Stalking of members of the Armed Forces of
the United States
‘‘(a) IN GENERAL.—Whoever, within the special mari-
time and territorial jurisdiction of the United States or in
the course of interstate travel, with the intent to injure or
harass any military person, places that military person in
reasonable fear of the death of, or serious bodily injury to,
that military person or a member of the immediate family
of that military person shall be punished as provided in
section 2261.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘immediate family’ has the same
meaning as in section 115; and
‘‘(2) the term ‘military person’ means—
‘‘(A) any member of the Armed Forces of
the United States (including a member of any
reserve component); and
‘‘(B) any member of the immediate family
of a person described in subparagraph (A).’’.
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(c) CONFORMING AMENDMENTS.—
(1) Section 2261(b) of title 18, United States
Code, is amended by inserting ‘‘or section 2261A’’
after ‘‘this section’’.
(2) Sections 2261(b) and 2262(b) of title 18,
United States Code, are each amended by striking
‘‘offender’s spouse or intimate partner’’ each place it
appears and inserting ‘‘victim’’.
(3) The chapter heading for chapter 110A of title
18, United States Code, is amended by inserting
‘‘AND STALKING’’ after ‘‘VIOLENCE’’.
(d) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 110A of title 18, United States
Code, is amended by inserting after the item relating to
section 2261 the following new item:
‘‘2261A. Stalking of members of the Armed Forces of the United States.’’.
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the day after
the date of enactment of this Act.
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Subtitle E—Commissioned Corps of
the Public Health Service
SEC. 561. APPLICABILITY TO PUBLIC HEALTH SERVICE OF
PROHIBITION ON CREDITING CADET OR MID-
SHIPMEN SERVICE AT THE SERVICE ACAD-
EMIES.
Section 971(b) of title 10, United States Code, is
amended—
(1) in subsection (a), by inserting before the pe-
riod at the end the following: ‘‘or an officer in the
Commissioned Corps of the Public Health Service’’;
and
(2) in subsection (b)—
(A) by striking out ‘‘and’’ at the end of
paragraph (2);
(B) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ‘‘;
and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) no officer in the Commissioned Corps of the
Public Health Service may be credited with service as
a midshipman at the United States Naval Academy
or as a cadet at the United States Military Academy,
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United States Air Force Academy, or United States
Coast Guard Academy.’’.
SEC. 562. EXCEPTION TO GRADE LIMITATIONS FOR PUBLIC
HEALTH SERVICE OFFICERS ASSIGNED TO
THE DEPARTMENT OF DEFENSE.
Section 206 of the Public Health Service Act (42
U.S.C. 207 et seq.) is amended by adding at the end thereof
the following new subsection:
‘‘(f) EXCEPTION TO GRADE LIMITATIONS FOR OFFI-
CERS ASSIGNED TO DEPARTMENT OF DEFENSE.—In com-
puting the maximum number of commissioned officers of
the Public Health Service authorized by law to hold a grade
which corresponds to the grade of captain, major, lieutenant
colonel, or colonel, there may be excluded from such com-
putation officers who hold such a grade while the officers
are assigned to duty in the Department of Defense.’’.
Subtitle F—Defense Economic Ad-
justment, Diversification, Con-
version, and Stabilization
SEC. 571. AUTHORITY TO EXPAND LAW ENFORCEMENT
PLACEMENT PROGRAM TO INCLUDE FIRE-
FIGHTERS.
Section 1152(g) of title 10, United States Code, is
amended—
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(1) by striking out ‘‘(g) CONDITIONAL EXPAN-
SION OF PLACEMENT TO INCLUDE FIREFIGHTERS.—
(1) Subject to paragraph (2), the’’ and inserting in
lieu thereof ‘‘(g) AUTHORITY TO EXPAND PLACEMENT
TO INCLUDE FIREFIGHTERS.—The’’; and
(2) in paragraph (2), by striking out the first
sentence.
SEC. 
572. 
TROOPS-TO-TEACHERS 
PROGRAM 
IMPROVE-
MENTS.
(a) SEPARATED MEMBERS OF THE ARMED FORCES.—
(1) Subsection (a) of section 1151 of title 10, United States
Code, is amended by striking out ‘‘may establish’’ and in-
serting in lieu thereof ‘‘shall establish’’.
(2) Such section is further amended—
(A) in subsection (f)(2), by striking out ‘‘five
school years’’ in subparagraphs (A) and (B) and in-
serting in lieu thereof ‘‘two school years’’; and
(B) in subsection (h)(3)(A), by striking out ‘‘five
consecutive school years’’ and inserting in lieu thereof
‘‘two consecutive school years’’.
(3) Subsection (g)(2) of such section is amended—
(A) by striking out the comma after ‘‘section
1174a of this title’’ and inserting in lieu thereof ‘‘or’’;
and
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(B) by striking out ‘‘, or retires pursuant to the
authority provided in section 4403 of the National
Defense Authorization Act for fiscal year 1993 (Public
Law 102–484; 10 U.S.C. 1293 note)’’.
(4) Subsection (h)(3)(B) of such section is amended—
(A) in clause (i), by striking out ‘‘$25,000’’ and
inserting in lieu thereof ‘‘$17,000’’;
(B) in clause (ii)—
(i) by striking out ‘‘40 percent’’ and insert-
ing in lieu thereof ‘‘25 percent’’; and
(ii) by striking out ‘‘$10,000’’ and inserting
in lieu thereof ‘‘$8,000’’; and
(C) by striking out clauses (iii), (iv), and (v).
(b) SAVINGS PROVISION.—The amendments made by
this section do not effect obligations under agreements en-
tered into in accordance with section 1151 of title 10, Unit-
ed States Code, before the date of the enactment of this Act.
Subtitle G—Armed Forces
Retirement Home
SEC. 581. REFERENCES TO ARMED FORCES RETIREMENT
HOME ACT OF 1991.
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
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or other provision of the Armed Forces Retirement Home
Act of 1991 (title XV of Public Law 101–510; 24 U.S.C.
401 et seq.).
SEC. 582. ACCEPTANCE OF UNCOMPENSATED SERVICES.
(a) AUTHORITY.—Part A is amended by adding at the
end the following:
‘‘SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPEN-
SATED SERVICES.
‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject to
subsection (b) and notwithstanding section 1342 of title 31,
United States Code, the Chairman of the Retirement Home
Board or the Director of each establishment of the Retire-
ment Home may accept from any person voluntary per-
sonal services or gratuitous services unless the acceptance
of the voluntary services is disapproved by the Retirement
Home Board.
‘‘(b) REQUIREMENTS
AND
LIMITATIONS.—(1) The
Chairman of the Retirement Home Board or the Director
of the establishment accepting the services shall notify the
person of the scope of the services accepted.
‘‘(2) The Chairman or Director shall—
‘‘(A) supervise the person providing the services
to the same extent as that official would supervise a
compensated employee providing similar services; and
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‘‘(B) ensure that the person is licensed, privi-
leged, has appropriate credentials, or is otherwise
qualified under applicable laws or regulations to pro-
vide such services.
‘‘(3) A person providing services accepted under sub-
section (a) may not—
‘‘(A) serve in a policymaking position of the Re-
tirement Home; or
‘‘(B) be compensated for the services by the Re-
tirement Home.
‘‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS
PROVIDING SERVICES.—The Chairman of the Retirement
Home Board or the Director of an establishment of the Re-
tirement Home may recruit and train persons to provide
services authorized to be accepted under subsection (a).
‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—(1)
Subject to paragraph (3), while providing services accepted
under subsection (a) or receiving training under subsection
(c), a person shall be considered to be an employee of the
Federal Government only for purposes of the following pro-
visions of law:
‘‘(A) Subchapter I of chapter 81 of title 5, Unit-
ed States Code (relating to compensation for work-re-
lated injuries).