164
‘‘(5) The authority of the Secretary to accept an offer
of in-kind reimbursement under this subsection may not be
delegated below the level of Assistant Secretary of the Navy.
‘‘(b) ADMISSION ON COST-REIMBURSABLE BASIS.—(1)
The Secretary of the Navy may permit a student described
in subsection (c) who is enrolled at an accredited institution
of higher education that is a party to an agreement under
subsection (a) to receive instruction at the Naval Post-
graduate School on a cost-reimbursable, space-available
basis.
‘‘(2) The Secretary shall ensure that the value of any
reimbursement received under this subsection in the case of
any such student is not less than the amount charged by
the Secretary for the provision of the same instruction to
a Federal employee who is not a Department of Defense
employee.
‘‘(c) ELIGIBLE STUDENTS.—A student enrolled at an
accredited institution of higher education that is party to
an agreement under subsection (a) may be admitted to the
Naval Postgraduate School under subsection (a) or (b) if
the student—
‘‘(1) is a citizen of the United States or is law-
fully admitted for permanent residence in the United
States;
165
‘‘(2) has a demonstrated ability, as determined
by the Secretary of the Navy, in a field of study des-
ignated by the Secretary as related to naval warfare,
armed conflict, or national security; and
‘‘(3) meets the academic requirements for the
course or courses for which the student seeks admis-
sion to the Naval Postgraduate School.
‘‘(d) STANDARDS OF CONDUCT.—Except as the Sec-
retary of the Navy otherwise determines necessary, a person
receiving instruction under this section is subject to the
same regulations governing attendance, discipline, dismis-
sal, and standards of study as apply to students who are
officers of the naval service.
‘‘(e) RETENTION OF FUNDS RECEIVED.—Amounts re-
ceived under subsection (b) to reimburse the Naval Post-
graduate School for the costs of providing instruction to stu-
dents permitted to attend the Naval Postgraduate School
under this section shall be credited to the current appro-
priation supporting the operation and maintenance of the
Naval Postgraduate School.’’.
(c) CLERICAL AMENDMENTS.—(1) The heading of sec-
tion 7045 of such title is amended to read as follows:
166
‘‘§ 7045. Officers of the other armed forces; enlisted
members: admission’’.
(2) The table of sections at the beginning of chapter
605 of such title is amended—
(A) by striking out the item relating to section
7045 and inserting in lieu thereof the following:
‘‘7045. Officers of the other armed forces; enlisted members: admission.’’;
and
(B) by striking out the item relating to section
7047 and inserting in lieu thereof the following:
‘‘7047. Civilian students at institutions of higher education: admission.’’.
(d) AMENDMENT TO REFLECT REVISED CIVIL SERV-
ICE GRADE STRUCTURE.—Section 7043(b) of such title is
amended by striking out ‘‘grade GS–18 of the General
Schedule under section 5332 of title 5’’ and inserting in
lieu thereof ‘‘level IV of the Executive Schedule’’.
SEC. 546. AIR FORCE ACADEMY CADET FOREIGN EXCHANGE
PROGRAM.
(a) EXCHANGE PROGRAM AUTHORIZED.—Chapter 903
of title 10, United States Code, is amended by inserting
after section 9344 the following new section:
‘‘§ 9345. Exchange program with foreign military
academies
‘‘(a) EXCHANGE PROGRAM AUTHORIZED.—The Sec-
retary of the Air Force may permit a student enrolled at
a military academy of a foreign country to receive instruc-
167
tion at the Air Force Academy in exchange for an Air Force
cadet receiving instruction at that foreign military acad-
emy pursuant to an exchange agreement entered into be-
tween the Secretary and appropriate officials of the foreign
country. Students receiving instruction at the Academy
under the exchange program shall be in addition to persons
receiving instruction at the Academy under section 9344
of this title.
‘‘(b) LIMITATIONS ON NUMBER AND DURATION OF EX-
CHANGES.—An exchange agreement under this section be-
tween the Secretary and a foreign country shall provide for
the exchange of students on a one-for-one basis each fiscal
year. Not more than 10 Air Force cadets and a comparable
number of students from all foreign military academies
participating in the exchange program may be exchanged
during any fiscal year. The duration of an exchange may
not exceed the equivalent of one academic semester at the
Air Force Academy.
‘‘(c) COSTS AND EXPENSES.—(1) A student from a
military academy of a foreign country is not entitled to
the pay, allowances, and emoluments of an Air Force cadet
by reason of attendance at the Air Force Academy under
the exchange program, and the Department of Defense may
not incur any cost of international travel required for
168
transportation of such a student to and from the sponsoring
foreign country.
‘‘(2) The Secretary may provide a student from a for-
eign country under the exchange program, during the pe-
riod of the exchange, with subsistence, transportation with-
in the continental United States, clothing, health care, and
other services to the same extent that the foreign country
provides comparable support and services to the exchanged
Air Force cadet in that foreign country.
‘‘(3) The Air Force Academy shall bear all costs of the
exchange program from funds appropriated for the Acad-
emy. Expenditures in support of the exchange program may
not exceed $50,000 during any fiscal year.
‘‘(d) APPLICATION OF OTHER LAWS.—Subsections (c)
and (d) of section 9344 of this title shall apply with respect
to a student enrolled at a military academy of a foreign
country while attending the Air Force Academy under the
exchange program.
‘‘(e) REGULATIONS.—The Secretary shall prescribe
regulations to implement this section. Such regulations may
include qualification criteria and methods of selection for
students of foreign military academies to participate in the
exchange program.’’.
169
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 9344 the following new item:
‘‘9345. Exchange program with foreign military academies.’’.
(c) REPEAL
OF
OBSOLETE
LIMITATION.—Section
9353(a) of such title is amended by striking out ‘‘After the
date of the accrediting of the Academy, the’’ and inserting
in lieu thereof ‘‘The’’.
SEC. 547. TRAINING IN HUMAN RELATIONS MATTERS FOR
ARMY DRILL SERGEANT TRAINEES.
(a) HUMAN RELATIONS TRAINING REQUIRED.—The
Secretary of the Army shall include as part of the training
program for drill sergeants a course in human relations.
The course shall be a minimum of two days in duration.
(b) RESOURCES.—In developing a human relations
course under this section, the Secretary shall use the capa-
bilities and expertise of the Defense Equal Opportunity
Management Institute (DEOMI).
(c) EFFECTIVE DATE.—This section shall apply with
respect drill sergeant trainee classes that begin after the end
of the 90–day period beginning on the date of the enactment
of this Act.
SEC. 548. STUDY OF FEASIBILITY OF GENDER-SEGREGATED
BASIC TRAINING.
Not later than 180 days after the date of the enactment
of this Act, the Secretary of each military department shall
170
submit to Congress a report on gender-segregated basic
training. Each report shall give the views of the Secretary—
(1) on the feasibility and implications of con-
ducting basic training (or equivalent training) at the
company level and below through separate units for
male and female recruits, including the costs and
other resource commitments required to implement
and conduct basic training in such a manner and the
implications for readiness and unit cohesion; and
(2) assuming that basic training were to be con-
ducted as described in paragraph (1), on the feasibil-
ity and implications of requiring drill instructors for
basic training units to be of the same sex as the re-
cruits in those units.
Subtitle F—Military Decorations
and Awards
SEC. 551. STUDY OF NEW DECORATIONS FOR INJURY OR
DEATH IN LINE OF DUTY.
(a) DETERMINATION OF CRITERIA FOR NEW DECORA-
TION.—(1) The Secretary of Defense shall determine the ap-
propriate name, policy, award criteria, and design for two
possible new decorations.
(2) The first such decoration would, if implemented,
be awarded to members of the Armed Forces who, while
serving under competent authority in any capacity with
171
the Armed Forces, are killed or injured in the line of duty
as a result of noncombat circumstances occurring—
(A) as a result of an international terrorist at-
tack against the United States or a foreign nation
friendly to the United States;
(B) while engaged in, training for, or traveling
to or from a peacetime or contingency operation; or
(C) while engaged in, training for, or traveling
to or from service outside the territory of the United
States as part of a peacekeeping force.
(3) The second such decoration would, if implemented,
be awarded to civilian nationals of the United States who,
while serving under competent authority in any capacity
with the Armed Forces, are killed or injured in the line
of duty under circumstances which, if they were members
of the Armed Forces, would qualify them for award of the
Purple Heart or the medal described in paragraph (2).
(b) LIMITATION
ON
IMPLEMENTATION.—Any such
decoration may only be implemented as provided by a law
enacted after the date of the enactment of this Act.
(c) RECOMMENDATION TO CONGRESS.—Not later than
July 31, 1998, the Secretary shall submit to Congress a leg-
islative proposal that would, if enacted, establish the new
decorations developed pursuant to subsection (a). The Sec-
retary shall include with that proposal the Secretary’s rec-
172
ommendation concerning the need for, and propriety of,
each of the decorations.
(d) COORDINATION.—The Secretary shall carry out
this section in coordination with the Secretaries of the mili-
tary departments and the Secretary of Transportation with
regard to the Coast Guard.
SEC. 552. PURPLE HEART TO BE AWARDED ONLY TO MEM-
BERS OF THE ARMED FORCES.
(a) IN GENERAL.—(1) Chapter 57 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1131. Purple Heart: limitation to members of the
armed forces
‘‘The decoration known as the Purple Heart (author-
ized to be awarded pursuant to Executive Order 11016)
may only be awarded to a person who is a member of the
armed forces at the time the person is killed or wounded
under circumstances otherwise qualifying that person for
award of the Purple Heart.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘1131. Purple Heart: limitation to members of the armed forces.’’.
(b) EFFECTIVE DATE.—Section 1131 of title 10, Unit-
ed States Code, as added by subsection (a), shall apply with
respect to persons who are killed or wounded after the end
173
of the 180-day period beginning on the date of the enact-
ment of this Act.
SEC. 553. ELIGIBILITY FOR ARMED FORCES EXPEDITION-
ARY MEDAL FOR PARTICIPATION IN OPER-
ATION JOINT ENDEAVOR OR OPERATION
JOINT GUARD.
(a) INCLUSION OF OPERATIONS.—For the purpose of
determining the eligibility of members and former members
of the Armed Forces for the Armed Forces Expeditionary
Medal, the Secretary of Defense shall designate participa-
tion in Operation Joint Endeavor or Operation Joint
Guard in the Republic of Bosnia and Herzegovina, and in
such other areas in the region as the Secretary considers
appropriate, as service in an area that meets the general
requirements for the award of that medal.
(b) INDIVIDUAL DETERMINATION.—The Secretary of
the military department concerned shall determine whether
individual members or former members of the Armed Forces
who participated in Operation Joint Endeavor or Oper-
ation Joint Guard meet the individual service requirements
for award of the Armed Forces Expeditionary Medal as es-
tablished in applicable regulations. A member or former
member shall be considered to have participated in Oper-
ation Joint Endeavor or Operation Joint Guard if the
member—
174
(1) was deployed in the Republic of Bosnia and
Herzegovina, or in such other area in the region as
the Secretary of Defense considers appropriate, in di-
rect support of one or both of the operations;
(2) served on board a United States naval vessel
operating in the Adriatic Sea in direct support of one
or both of the operations; or
(3) operated in airspace above the Republic of
Bosnia and Herzegovina, or in such other area in the
region as the Secretary of Defense considers appro-
priate, while the operations were in effect.
(c) OPERATIONS DEFINED.—For purposes of this sec-
tion:
(1) The term ‘‘Operation Joint Endeavor’’ means
operations of the United States Armed Forces con-
ducted in the Republic of Bosnia and Herzegovina
during the period beginning on November 20, 1995,
and ending on December 20, 1996, to assist in imple-
menting the General Framework Agreement and Asso-
ciated Annexes, initialed on November 21, 1995, in
Dayton, Ohio.
(2) The term ‘‘Operation Joint Guard’’ means
operations of the United States Armed Forces con-
ducted in the Republic of Bosnia and Herzegovina as
a successor to Operation Joint Endeavor during the
175
period beginning on December 20, 1996, and ending
on such date as the Secretary of Defense may des-
ignate.
SEC. 554. 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 described in subsections (b), (c), and
(d), the award of each such decoration having been deter-
mined by the Secretary of the military department con-
cerned to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) SILVER STAR MEDAL.—Subsection (a) applies to
the award of the Silver Star Medal as follows:
(1) To Joseph M. Moll, Jr. of Milford, New Jer-
sey, for service during World War II.
(2) To Philip Yolinsky of Hollywood, Florida,
for service during the Korean Conflict.
(c) NAVY AND MARINE CORPS MEDAL.—Subsection (a)
applies to the award of the Navy and Marine Corps Medal
to Gary A. Gruenwald of Damascus, Maryland, for service
in Tunisia in October 1977.
176
(d) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to awards of the Distinguished Flying Cross for
service during World War II or Korea (including multiple
awards to the same individual) in the case of each individ-
ual concerning whom the Secretary of the Navy (or an offi-
cer of the Navy acting on behalf of the Secretary) submitted
to the Committee on National Security of the House of Rep-
resentatives and the Committee on Armed Services of the
Senate, before the date of the enactment of this Act, a notice
as provided in section 1130(b) of title 10, United States
Code, that the award of the Distinguished Flying Cross to
that individual is warranted and that a waiver of time re-
strictions prescribed by law for recommendation for such
award is recommended.
Subtitle G—Other Matters
SEC. 561. SUSPENSION OF TEMPORARY EARLY RETIREMENT
AUTHORITY.
Notwithstanding subsection (i) of section 4403 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 10 U.S.C. 1293 note), the Secretary
of a military department may not use the authority pro-
vided under such section to retire a member of the Armed
Forces during fiscal year 1998.
177
SEC. 562. TREATMENT OF EDUCATIONAL ACCOMPLISH-
MENTS OF NATIONAL GUARD CHALLENGE
PROGRAM PARTICIPANTS.
Section 509 of title 32, United States Code, as added
by section 1057, is amended by adding at the end of sub-
section (f) the following new paragraph:
‘‘(3) In the case of a person who is selected for training
in a State program conducted under the National Guard
Challenge Program and who obtains a general education
diploma in connection with such training, the general edu-
cation diploma shall be treated as equivalent to a high
school diploma for purposes of determining the eligibility
of the person for enlistment in the armed forces.’’.
SEC. 563. AUTHORITY FOR PERSONNEL TO PARTICIPATE IN
MANAGEMENT OF CERTAIN NON-FEDERAL
ENTITIES.
(a) MILITARY PERSONNEL.—(1) Chapter 53 of title 10,
United States Code, is amended by inserting after section
1032 the following new section:
‘‘§ 1033. Participation in management of specified
non-Federal entities: authorized activities
‘‘(a) AUTHORIZATION.—The Secretary concerned may
authorize a member of the armed forces under the Sec-
retary’s jurisdiction, as part of that member’s official du-
ties, to serve without compensation as a director, officer,
or trustee, or to otherwise participate, in the management
178
of an entity designated under subsection (b). Any such au-
thorization shall be made on a case-by-case basis, for a par-
ticular member to participate in a specific capacity with
a specific designated entity. Such authorization may be
made only for the purpose of providing oversight and advice
to, and coordination with, the designated entity, and par-
ticipation of the member in the activities of the designated
entity may not extend to participation in the day-to-day
operations of the entity.
‘‘(b) DESIGNATED ENTITIES.—(1) The Secretary of
Defense, and the Secretary of Transportation in the case
of the Coast Guard when it is not operating as a service
in the Navy, shall designate those entities for which author-
ization under subsection (a) may be provided. The list of
entities so designated may not be revised more frequently
than semiannually. In making such designations, the Sec-
retary shall designate each military welfare society and
may designate any other entity described in paragraph (3).
No other entities may be designated.
‘‘(2) In this section, the term ‘military welfare society’
means the following:
‘‘(A) Army Emergency Relief.
‘‘(B) Air Force Aid Society, Inc.
‘‘(C) Navy-Marine Corps Relief Society.
‘‘(D) Coast Guard Mutual Assistance.
179
‘‘(3) An entity described in this paragraph is an entity
that—
‘‘(A) regulates and supports the athletic pro-
grams of the service academies (including athletic
conferences);
‘‘(B) regulates international athletic competi-
tions;
‘‘(C) accredits service academies and other
schools of the armed forces (including regional accred-
iting agencies); or
‘‘(D)(i) regulates the performance, standards,
and policies of military health care (including health
care associations and professional societies), and (ii)
has designated the position or capacity in that entity
in which a member of the armed forces may serve if
authorized under subsection (a).
‘‘(c) PUBLICATION OF DESIGNATED ENTITIES AND OF
AUTHORIZED PERSONS.—A designation of an entity under
subsection (b), and an authorization under subsection (a)
of a member of the armed forces to participate in the man-
agement of such an entity, shall be published in the Federal
Register.
‘‘(d) REGULATIONS.—The Secretary of Defense, and
the Secretary of Transportation in the case of the Coast
180
Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1032 the following new item:
‘‘1033. Participation in management of specified non-Federal entities: authorized
activities.’’.
(b) CIVILIAN PERSONNEL.—(1) Chapter 81 of such
title is amended by inserting after section 1588 the follow-
ing new section:
‘‘§ 1589. Participation in management of specified
non-Federal entities: authorized activities
‘‘(a) AUTHORIZATION.—(1) The Secretary concerned
may authorize an employee described in paragraph (2), as
part of that employee’s official duties, to serve without com-
pensation as a director, officer, or trustee, or to otherwise
participate, in the management of an entity designated
under subsection (b). Any such authorization shall be made
on a case-by-case basis, for a particular employee to par-
ticipate in a specific capacity with a specific designated
entity. Such authorization may be made only for the pur-
pose of providing oversight and advice to, and coordination
with, the designated entity, and participation of the em-
ployee in the activities of the designated entity may not
extend to participation in the day-to-day operations of the
entity.
181
‘‘(2) Paragraph (1) applies to any employee of the De-
partment of Defense or, in the case of the Coast Guard when
not operating as a service in the Navy, of the Department
of Transportation. For purposes of this section, the term
‘employee’ includes a civilian officer.
‘‘(b) DESIGNATED ENTITIES.—(1) The Secretary of
Defense, and the Secretary of Transportation in the case
of the Coast Guard when it is not operating as a service
in the Navy, shall designate those entities for which author-
ization under subsection (a) may be provided. The list of
entities so designated may not be revised more frequently
than semiannually. In making such designations, the Sec-
retary shall designate each military welfare society and
may designate any other entity described in paragraph (3).
No other entities may be designated.
‘‘(2) In this section, the term ‘military welfare society’
means the following:
‘‘(A) Army Emergency Relief.
‘‘(B) Air Force Aid Society, Inc.
‘‘(C) Navy-Marine Corps Relief Society.
‘‘(D) Coast Guard Mutual Assistance.
‘‘(3) An entity described in this paragraph is an entity
that—
182
‘‘(A) regulates and supports the athletic pro-
grams of the service academies (including athletic
conferences);
‘‘(B) regulates international athletic competi-
tions;
‘‘(C) accredits service academies and other
schools of the armed forces (including regional accred-
iting agencies); or
‘‘(D)(i) regulates the performance, standards,
and policies of military health care (including health
care associations and professional societies), and (ii)
has designated the position or capacity in that entity
in which a Federal employee described in subsection
(a)(2) may serve if authorized under subsection (a).
‘‘(c) PUBLICATION OF DESIGNATED ENTITIES AND OF
AUTHORIZED PERSONS.—A designation of an entity under
subsection (b), and an authorization under subsection (a)
of an employee to participate in the management of such
an entity, shall be published in the Federal Register.
‘‘(d) CIVILIANS OUTSIDE
THE MILITARY DEPART-
MENTS.—In this section, the term ‘Secretary concerned’ in-
cludes the Secretary of Defense with respect to employees
of the Department of Defense who are not employees of a
military department.
183
‘‘(e) REGULATIONS.—The Secretary of Defense, and
the Secretary of Transportation in the case of the Coast
Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1588 the following new item:
‘‘1589. Participation in management of specified non-Federal entities: authorized
activities.’’.
SEC. 564. CREW REQUIREMENTS OF WC–130J AIRCRAFT.
(a) STUDY.—The Secretary of the Air Force shall con-
duct a study of the crew requirements for WC–130J aircraft
engaged in the aerial weather reconnaissance mission in-
volving the eyewall penetration of tropical cyclones. The
study shall involve the operation of WC–130J aircraft in
weather reconnaissance missions configured to carry five
crewmembers, including a navigator. The study shall in-
clude the participation of members of the Armed Forces as-
signed to units currently engaged in weather reconnaissance
operations.
(b) REPORT.—The Secretary shall submit to Congress
a report on the results of the study. The report shall include
the views of members of the Armed Forces assigned to units
currently engaged in weather reconnaissance operations
who participated in the study.
184
(c) LIMITATION
ON REVISION
TO PERSONNEL RE-
QUIREMENTS.—The Secretary of the Air Force may not re-
duce the personnel requirement levels of units that, as of
the date of the enactment of this Act, are engaged in weather
reconnaissance operations involving the eyewall penetration
of tropical cyclones, including requirements for navigators,
below the requirements established for those units as of Octo-
ber 1, 1997, until the end of the six-month period beginning
on the date on which the report required under subsection
(b) is submitted to Congress.
SEC. 565. COMPTROLLER GENERAL STUDY OF DEPARTMENT
OF DEFENSE CIVIL MILITARY PROGRAMS.
(a) STUDY
REQUIRED.—The Comptroller General
shall conduct a study to evaluate the following:
(1) The nature, extent, and cost to the Depart-
ment of Defense of the support and services being pro-
vided by units and members of the Armed Forces to
non-Department of Defense organizations and activi-
ties under the authority of section 2012 of title 10,
United States Code.
(2) The degree to which the Armed Forces are in
compliance with the requirements of such section in
the provision of such support and services, especially
the requirements that the assistance meet specific re-
quirements relative to military training and that the
185
assistance provided be incidental to military train-
ing.
(3) The degree to which the regulations and pro-
cedures for implementing such section, as required by
subsection (f) of such section, are consistent with the
requirements of such section.
(4) The effectiveness of the Secretary of Defense
and the Secretaries of the military departments in
conducting oversight of the implementation of such
section, and the provision of such support and serv-
ices under such section, to ensure compliance with the
requirements of such section.
(b) SUBMISSION OF REPORT.—Not later than March
31, 1998, the Comptroller General shall submit to Congress
a report containing the results of the study required by sub-
section (a).
SEC. 566. TREATMENT OF PARTICIPATION OF MEMBERS IN
DEPARTMENT OF DEFENSE CIVIL MILITARY
PROGRAMS.
Section 2012 of title 10, United States Code, is amend-
ed—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the following
new subsection:
186
‘‘(g) TREATMENT OF MEMBER’S PARTICIPATION IN
PROVISION OF SUPPORT OR SERVICES.—(1) The Secretary
of a military department may not require or request a
member of the armed forces to submit for consideration by
a selection board (including a promotion board, command
selection board, or any other kind of selection board) evi-
dence of the member’s participation in the provision of sup-
port and services to non-Department of Defense organiza-
tions and activities under this section or the member’s in-
volvement in, or support of, other community relations and
public affairs activities of the armed forces. A selection
board may not evaluate a member on the basis of the mem-
ber’s participation or involvement in, or support of, such
support, services, or activities.
‘‘(2) Paragraph (1) shall not apply with respect to the
following members:
‘‘(A) A member who is in a public affairs career
field.
‘‘(B) A member who is not in a public affairs
career field, but who is serving, at the time the mem-
ber is considered by a selection board, in a public af-
fairs position specified in service authorization docu-
ments or who served in such a position within three
years before being considered by a selection board.’’.
187
SEC. 567. CONTINUATION OF SUPPORT TO SENIOR MILI-
TARY COLLEGES.
(a) DEFINITION OF SENIOR MILITARY COLLEGES.—
For purposes of this section, the term ‘‘senior military col-
leges’’ means the following:
(1) Texas A&M University.
(2) Norwich University.
(3) The Virginia Military Institute.
(4) The Citadel.
(5) Virginia Polytechnic Institute and State
University.
(6) North Georgia College and State University.
(b) FINDINGS.—Congress finds the following:
(1) The senior military colleges consistently have
provided substantial numbers of highly qualified,
long-serving leaders to the Armed Forces.
(2) The quality of the military leaders produced
by the senior military colleges is, in part, the result
of the rigorous military environment imposed on stu-
dents attending the senior military colleges by the col-
leges, as well as the result of the long-standing close
support relationship between the Corps of Cadets at
each college and the Reserve Officer Training Corps
personnel at the colleges who serve as effective leader-
ship role models and mentors.
188
(3) In recognition of the quality of the young
leaders produced by the senior military colleges, the
Department of Defense and the military services have
traditionally maintained special relationships with
the colleges, including the policy to grant active duty
service in the Army to graduates of the colleges who
desire such service and who are recommended for such
service by their ROTC professors of military science.
(4) Each of the senior military colleges has dem-
onstrated an ability to adapt its systems and oper-
ations to changing conditions in, and requirements of,
the Armed Forces without compromising the quality
of leaders produced and without interruption of the
close relationship between the colleges and the Depart-
ment of Defense.
(c) SENSE OF CONGRESS.—In light of the findings in
subsection (b), it is the sense of Congress that—
(1) the proposed initiative of the Secretary of the
Army to end the commitment to active duty service
for all graduates of senior military colleges who desire
such service and who are recommended for such serv-
ice by their ROTC professors of military science is
short-sighted and contrary to the long-term interests
of the Army;
189
(2) as they have in the past, the senior military
colleges can and will continue to accommodate to
changing military requirements to ensure that future
graduates entering military service continue to be of-
ficers of superb quality who are quickly assimilated
by the Armed Forces and fully prepared to make sig-
nificant contributions to the Armed Forces through
extended military careers; and
(3) decisions of the Secretary of Defense or the
Secretary of a military department that fundamen-
tally and unilaterally change the long-standing rela-
tionship of the Armed Forces with the senior military
colleges are not in the best interests of the Department
of Defense or the Armed Forces and are patently un-
fair to students who made decisions to enroll in the
senior military colleges on the basis of existing De-
partment and Armed Forces policy.
(d) CONTINUATION OF SUPPORT FOR SENIOR MILI-
TARY COLLEGES.—Section 2111a of title 10, United States
Code, is amended—
(1) by redesignating subsection (d) as subsection
(g); and
(2) by inserting after subsection (c) the following
new subsections:
190
‘‘(d) ADDITIONAL SUPPORT.—(1) The Secretaries of
the military departments shall ensure that each unit of the
Senior Reserve Officers’ Training Corps at a senior mili-
tary college provides support to the Corps of Cadets at the
college over and above the level of support associated with
the conduct of the formal Senior Reserve Officers’ Training
Corps course of instruction.
‘‘(2) This additional support shall include the follow-
ing:
‘‘(A) Mentoring, teaching, coaching, counseling
and advising cadets and cadet leaders in the areas of
leadership, military, and academic performance.
‘‘(B) Involvement in cadet leadership training,
development, and evaluation, as well as drill, cere-
monies, parades, and inspections.
‘‘(3) This additional support may include the follow-
ing:
‘‘(A) Advising cadet teams, clubs, and organiza-
tions.
‘‘(B) Involvement in matters of discipline and
administration of the Corps of Cadets so long as such
involvement does not interfere with the conduct of the
formal Senior Reserve Officers’ Training Corps course
of instruction or the support required by paragraph
(2).
191
‘‘(e) TERMINATION OR REDUCTION OF PROGRAM PRO-
HIBITED.—The Secretary of Defense and the Secretaries of
the military departments may not take or authorize any
action to terminate or reduce a unit of the Senior Reserve
Officers’ Training Corps at a senior military college unless
the termination or reduction is specifically requested by the
college.
‘‘(f) ASSIGNMENT TO ACTIVE DUTY.—(1) The Sec-
retary of the Army shall ensure that a graduate of a senior
military college who desires to serve as a commissioned offi-
cer on active duty upon graduation from the college, who
is medically and physically qualified for active duty, and
who is recommended for such duty by the professor of mili-
tary science at the college, shall be assigned to active duty.
This paragraph shall apply to a member of the program
at a senior military college who graduates from the college
after March 31, 1997.
‘‘(2) Nothing in this section shall be construed to pro-
hibit the Secretary of the Army from requiring a member
of the program who graduates from a senior military college
to serve on active duty.’’.
(e) TECHNICAL CORRECTIONS.—Subsection (g) of such
section, as redesignated by subsection (d)(1), is amended—
(1) in paragraph (2), by striking out ‘‘College’’
and inserting in lieu thereof ‘‘University’’; and
192
(2) in paragraph (6), by inserting before the pe-
riod the following: ‘‘and State University’’.
(f) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 2111a. Support for senior military colleges’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 103 of title 10, United
States Code, is amended to read as follows:
‘‘2111a. Support for senior military colleges.’’.
SEC. 568. RESTORATION OF MISSING PERSONS AUTHORI-
TIES APPLICABLE TO DEPARTMENT OF DE-
FENSE AS IN EFFECT BEFORE ENACTMENT OF
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1997.
(a) APPLICABILITY TO DEPARTMENT OF DEFENSE CI-
VILIAN 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:
‘‘(c) COVERED PERSONS.—Section 1502 of this title
applies in the case of the following persons:
‘‘(1) 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
193
action, and whose status is undetermined or who is
unaccounted for.
‘‘(2) Any civilian employee of the Department of
Defense, and any employee of a contractor of the De-
partment of Defense, who serves with or accompanies
the armed forces in the field under orders who be-
comes involuntarily absent as a result of a hostile ac-
tion, or under circumstances suggesting that the in-
voluntary absence is a result of a hostile action, and
whose status is undetermined or who is unaccounted
for.’’, and
(B) by adding at the end the following new sub-
section:
‘‘(f) SECRETARY CONCERNED.—In this chapter, the
term ‘Secretary concerned’ includes, in the case of a civilian
employee of the Department of Defense or contractor of the
Department of Defense, the Secretary of the military de-
partment or head of the element of the Department of De-
fense employing the employee or contracting with the con-
tractor, as the case may be.’’.
(2) Section 1503(c) of such title is amended—
(A) in paragraph (1), by striking out ‘‘one mili-
tary officer’’ and inserting in lieu thereof ‘‘one indi-
vidual described in paragraph (2)’’;
194
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) An individual referred to in paragraph (1) is the
following:
‘‘(A) A military officer, in the case of an inquiry
with respect to a member of the armed forces.
‘‘(B) A civilian, in the case of an inquiry with
respect to a civilian employee of the Department of
Defense or of a contractor of the Department of De-
fense.’’.
(3) Section 1504(d) of such title is amended—
(A) in paragraph (1), by striking out ‘‘who are
and all the follows in that paragraph and inserting
in lieu thereof ‘‘as follows:
‘‘(A) In the case of a board that will inquire into
the whereabouts and status of one or more members
of the armed forces (and no civilians described in sub-
paragraph (B)), the board shall be composed of offi-
cers having the grade of major or lieutenant com-
mander or above.
‘‘(B) In the case of a board that will inquire into
the whereabouts and status of one or more civilian
employees of the Department of Defense or contractors
195
of the Department of Defense (and no members of the
armed forces), the board shall be composed of—
‘‘(i) not less than three employees of the De-
partment of Defense whose rate of annual pay is
equal to or greater than the rate of annual pay
payable for grade GS–13 of the General Schedule
under section 5332 of title 5; and
‘‘(ii) such members of the armed forces as
the Secretary considers advisable.
‘‘(C) In the case of a board that will inquire into
the whereabouts and status of both one or more mem-
bers of the armed forces and one or more civilians de-
scribed in subparagraph (B)—
‘‘(i) the board shall include at least one offi-
cer described in subparagraph (A) and at least
one employee of the Department of Defense de-
scribed in subparagraph (B)(i); and
‘‘(ii) the ratio of such officers to such em-
ployees on the board shall be roughly propor-
tional to the ratio of the number of members of
the armed forces who are subjects of the board’s
inquiry to the number of civilians who are sub-
jects of the board’s inquiry.’’; and
196
(B) in paragraph (4), by striking out ‘‘section
1503(c)(3)’’ and inserting in lieu thereof ‘‘section
1503(c)(4)’’.
(4) Paragraph (1) of section 1513 of such title is
amended to read as follows:
‘‘(1) The term ‘missing person’ means—
‘‘(A) a member of the armed forces on active
duty who is in a missing status; or
‘‘(B) a civilian employee of the Department
of Defense or an employee of a contractor of the
Department of Defense who serves with or ac-
companies the armed forces in the field under or-
ders and who is in a missing status.’’.
(b) REPORT ON PRELIMINARY ASSESSMENT OF STA-
TUS.—(1) Section 1502 of such title is amended—
(A) in subsection (a)(2)—
(i) by striking out ‘‘10 days’’ and inserting
in lieu thereof ‘‘48 hours’’; and
(ii) by striking out ‘‘Secretary concerned’’
and inserting in lieu thereof ‘‘theater component
commander with jurisdiction over the missing
person’’;
(B) by redesignating subsection (b) as subsection
(c);
197
(C) by inserting after subsection (a) the follow-
ing new subsection (b):
‘‘(b) TRANSMISSION THROUGH THEATER COMPONENT
COMMANDER.—Upon reviewing a report under subsection
(a) recommending that a person by placed in a missing
status, the theater component commander shall ensure that
all necessary actions are being taken, and all appropriate
assets are being used, to resolve the status of the missing
person. Not later than 14 days after receiving the report,
the theater component commander shall forward the report
to the Secretary of Defense or the Secretary concerned in
accordance with procedures prescribed under section
1501(b) of this title. The theater component commander
shall include with such report a certification that all nec-
essary actions are being taken, and all appropriate assets
are being used, to resolve the status of the missing person.’’;
and
(D) in subsection (c), as redesignated by sub-
paragraph (B), by adding at the end the following
new sentence: ‘‘The theater component commander
through whom the report with respect to the missing
person is transmitted under subsection (b) shall en-
sure that all pertinent information relating to the
whereabouts and status of the missing person that re-
sults from the preliminary assessment or from actions
198
taken to locate the person is properly safeguarded to
avoid loss, damage, or modification.’’.
(2) Section 1503(a) of such title is amended by strik-
ing out ‘‘section 1502(a)’’, and inserting in lieu thereof
‘‘section 1502(b)’’.
(3) Section 1513 of such title is amended by adding
at the end the following new paragraph:
‘‘(8) The term ‘theater component commander’
means, with respect to any of the combatant com-
mands, an officer of any of the armed forces who (A)
is commander of all forces of that armed force as-
signed to that combatant command, and (B) is di-
rectly subordinate to the commander of the combatant
command.’’.
(c) FREQUENCY
OF SUBSEQUENT REVIEWS.—Sub-
section (b) of section 1505 of such title is amended to read
as follows:
‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—(1) In
the case of a missing person who was last known to be alive
or who was last suspected of being alive, the Secretary shall
appoint a board to conduct an inquiry with respect to a
person under this subsection—
‘‘(A) on or about three years after the date of the
initial report of the disappearance of the person
under section 1502(a) of this title; and
199
‘‘(B) not later than every three years thereafter.
‘‘(2) In addition to appointment of boards under para-
graph (1), the Secretary shall appoint a board to conduct
an inquiry with respect to a missing person under this sub-
section upon receipt of information that could result in a
change of status of the missing person. When the Secretary
appoints a board under this paragraph, the time for subse-
quent appointments of a board under paragraph (1)(B)
shall be determined from the date of the receipt of such in-
formation.
‘‘(3) The Secretary is not required to appoint a board
under paragraph (1) with respect to the disappearance of
any person—
‘‘(A) more than 30 years after the initial report
of the disappearance of the missing person required
by section 1502 of this title; or
‘‘(B) if, before the end of such 30-year period, the
missing person is accounted for.’’.
(d) PENALTIES FOR WRONGFUL WITHHOLDING OF IN-
FORMATION.—Section 1506 of such title is amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
200
‘‘(e) WRONGFUL WITHHOLDING.—Except as provided
in subsections (a) through (d), any person who knowingly
and willfully withholds from the personnel file of a missing
person any information relating to the disappearance or
whereabouts and status of a missing person shall be fined
as provided in title 18 or imprisoned not more than one
year, or both.’’.
(e) INFORMATION TO ACCOMPANY RECOMMENDATION
OF STATUS OF DEATH.—Section 1507(b) of such title is
amended adding at the end the following new paragraphs:
‘‘(3) A description of the location of the body, if
recovered.
‘‘(4) If the body has been recovered and is not
identifiable through visual means, a certification by
a practitioner of an appropriate forensic science that
the body recovered is that of the missing person.’’.
(f) SCOPE OF PREENACTMENT REVIEW.—(1) Section
1509 of such title is amended—
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the follow-
ing new subsection (c):
‘‘(c) SPECIAL RULE FOR PERSONS CLASSIFIED AS
‘KLA/BNR’.—In the case of a person described in sub-
section (b) who was classified as ‘killed in action/body not
201
recovered’, the case of that person may be reviewed under
this section only if the new information referred to in sub-
section (a) is compelling.’’.
(2)(A) The heading of such section is amended by in-
serting ‘‘, special interest’’ after ‘‘Preenactment’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 76 of such title is
amended 
by 
inserting 
‘‘, 
special 
interest’’ 
after
‘‘Preenactment’’.
SEC. 569. ESTABLISHMENT OF SENTENCE OF CONFINE-
MENT FOR LIFE WITHOUT ELIGIBILITY FOR
PAROLE.
(a) ESTABLISHMENT OF SENTENCE.—(1) Chapter 47
of title 10, United States Code (the Uniform Code of Mili-
tary Justice), is amended by inserting after section 856 (ar-
ticle 56) the following new section (article):
‘‘§ 856a. Art. 56a. Sentence of confinement for life
without eligibility for parole
‘‘(a) For any offense for which a sentence of confine-
ment for life may be adjudged, a court-martial may adjudge
a sentence of confinement for life without eligibility for pa-
role.
‘‘(b) An accused who is sentenced to confinement for
life without eligibility for parole shall be confined for the
remainder of the accused’s life unless—
202
‘‘(1) the sentence is set aside or otherwise modi-
fied as a result of—
‘‘(A) action taken by the convening author-
ity, the Secretary concerned, or another person
authorized to act under section 860 of this title
(article 60); or
‘‘(B) any other action taken during post-
trial procedure and review under any other pro-
vision of subchapter IX;
‘‘(2) the sentence is set aside or otherwise modi-
fied as a result of action taken by a Court of Crimi-
nal Appeals, the Court of Appeals for the Armed
Forces, or the Supreme Court; or
‘‘(3) the accused is pardoned.’’.
(2) The table of sections at the beginning of subchapter
VIII of such chapter is amended by inserting after the item
relating to section 856 (article 56) the following new item:
‘‘856a. 56a. Sentence of confinement for life without eligibility for parole.’’.
(b) EFFECTIVE DATE.—Section 856a of title 10, Unit-
ed States Code (article 56a of the Uniform Code of Military
Justice), as added by subsection (a), shall be applicable only
with respect to an offense committed after the date of the
enactment of this Act.
203
SEC. 570. LIMITATION ON APPEAL OF DENIAL OF PAROLE
FOR OFFENDERS SERVING LIFE SENTENCE.
(a) EXCLUSIVE AUTHORITY TO GRANT PAROLE ON
APPEAL OF DENIAL.—Section 952 of title 10, United States
Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b) In a case in which parole for an offender serving
a sentence of confinement for life is denied, only the Presi-
dent or the Secretary concerned may grant the offender pa-
role on appeal of that denial. The authority to grant parole
on appeal in such a case may not be delegated.’’.
(b) EFFECTIVE DATE.—This section shall apply only
with respect to any decision to deny parole made after the
date of the enactment of this Act.
SEC. 571. ESTABLISHMENT OF PUBLIC AFFAIRS BRANCH IN
THE ARMY.
(a) NEW SPECIAL BRANCH.—Section 3064(a) of title
10, United States Code, is amended—
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5); and
(2) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) the Public Affairs Corps;’’.
204
(b) PUBLIC AFFAIRS CORPS.—(1) Chapter 307 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 3083. Public Affairs Corps
‘‘There is a Public Affairs Corps in the Army. The
Public Affairs Corps consists of—
‘‘(1) the Chief of the Public Affairs Corps;
‘‘(2) commissioned officers of the Regular Army
appointed therein; and
‘‘(3) other members of the Army assigned thereto
by the Secretary of the Army.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘3083. Public Affairs Corps.’’.
(c) TRANSITION.—The Secretary of the Army shall im-
plement the amendments made by this section not later than
October 1, 1998.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1998.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment, to become effective during fiscal year 1998, re-
quired by section 1009(b) of title 37, United States Code
(as amended by section 602), in the rate of monthly basic
205
pay authorized members of the uniformed services by section
203(a) of such title shall not be made.
(b) INCREASE IN BASIC PAY.—Effective on January
1, 1998, the rates of basic pay of members of the uniformed
services are increased by 2.8 percent.
SEC. 602. ANNUAL ADJUSTMENT OF BASIC PAY AND PRO-
TECTION OF MEMBER’S TOTAL COMPENSA-
TION WHILE PERFORMING CERTAIN DUTY.
(a) IN GENERAL.—Section 1009 of title 37, United
States Code, is amended to read as follows:
‘‘§ 1009. Certain elements of compensation: adjust-
ment; protection against change
‘‘(a) ELEMENTS OF COMPENSATION.—In this section,
the term ‘elements of compensation’ means—
‘‘(1) the monthly basic pay authorized members
of the uniformed services by section 203(a) of this
title;
‘‘(2) the basic allowance for subsistence author-
ized members of the uniformed services by section 402
of this title; and
‘‘(3) the basic allowance for housing authorized
members of the uniformed services by section 403 of
this title.
‘‘(b) ANNUAL ADJUSTMENT OF BASIC PAY.—Effective
as of the first day of the first applicable pay period begin-
206
ning on or after January 1 of each calendar year, the rates
of basic pay of members of the uniformed services shall be
increased by the percentage (rounded to the nearest one-
tenth of one percent) equal to the percentage by which the
Employment Cost Index for the base quarter of the year
before the preceding calendar year exceeds the Employment
Cost Index for the base quarter of the second year before
the preceding calendar year (if at all).
‘‘(c) ALLOCATION OF ADJUSTMENT.—(1) Subject to
paragraph (2), whenever the President determines such ac-
tion to be in the best interest of the Government, the Presi-
dent may allocate the percentage increase in basic pay
among such pay grade and years-of-service categories as the
President considers appropriate.
‘‘(2) In making any allocation under paragraph (1),
the amount of the increase in basic pay for any given pay
grade and years-of-service category after the allocation
under paragraph (1) may not be less than 75 percent of
the amount of the increase that otherwise would have been
effective with respect to such pay grade and years-of-service
category under subsection (b).
‘‘(3) Whenever the President plans to use the authority
provided under paragraph (1) with respect to any antici-
pated increase in the compensation of members of the uni-
formed services, the President shall advise the Congress, at
207
the earliest practicable time before the effective date of the
increase, regarding the proposed allocation of the increase
among pay grade and years-of-service categories.
‘‘(d) PROTECTION OF MEMBER’S TOTAL COMPENSA-
TION WHILE PERFORMING CERTAIN DUTY.—(1) The total
daily amount of the elements of compensation, described in
subsection (a), together with other pay and allowances
under this title, to be paid to a member of the uniformed
services who is temporarily assigned to duty away from the
member’s permanent duty station or to duty under field
conditions at the member’s permanent duty station shall
not be less, for any day during the assignment period, than
the total amount, for the day immediately preceding the
date of the assignment, of the elements of compensation and
other pay and allowances of the member.
‘‘(2) Paragraph (1) shall not apply with respect to an
element of compensation or other pay or allowance of a
member during an assignment described in such paragraph
to the extent that the element of compensation or other pay
or allowance is reduced or terminated due to circumstances
unrelated to the assignment.
‘‘(e) OTHER DEFINITIONS.—In this section:
‘‘(1) The term ‘Employment Cost Index’ means
the Employment Cost Index (wages and salaries, pri-
208
vate industry workers) published quarterly by the Bu-
reau of Labor Statistics.
‘‘(2) The term ‘base quarter’, for each year,
means the three-month period ending on September
30 of such year.’’.
(b) CLERICAL AMENDMENT.—The item relating to
such section in the table of sections at the beginning of chap-
ter 19 of such title is amended to read as follows:
‘‘1009. Certain elements of compensation: adjustment; protection against change.’’.
SEC. 603. USE OF FOOD COST INFORMATION TO DETER-
MINE BASIC ALLOWANCE FOR SUBSISTENCE.
(a) FOOD-COST BASED ALLOWANCE.—Section 402 of
title 37, United States Code, is amended to read as follows:
‘‘§ 402. Basic allowance for subsistence
‘‘(a) ENTITLEMENT; RATE; ADJUSTMENT.—(1) Except
as otherwise provided by law, each member of a uniformed
service described in subsection (b) or (c) is entitled to a
basic allowance for subsistence. The rate for the allowance
shall be prescribed in regulations by the Secretary of De-
fense after consultation with the Secretaries concerned spec-
ified in subparagraphs (D), (E), and (F) of section 101(5)
of this title. The allowance may be paid in advance for a
period of not more than three months.
‘‘(2) Whenever basic pay is increased pursuant to sec-
tion 1009 of this title or another law, the Secretary of De-
fense shall adjust the basic allowance for subsistence at the
209
same rate as the most recent adjustment made to the cost
of the moderate food plan of the Department of Agriculture
(one of the four official food plans used by the Department
of Agriculture under the Food Stamp Act of 1977) to reflect
changes in the cost of the diet described by the moderate
food plan.
‘‘(b) ENLISTED MEMBERS.—An enlisted member is en-
titled to the basic allowance for subsistence on a daily basis
if the member is entitled to basic pay and one or more of
the following applies with respect to the member:
‘‘(1) Rations in kind are not available.
‘‘(2) Rations in kind are available, but the Sec-
retary of Defense authorizes the payment of the basic
allowance for subsistence.
‘‘(3) Permission to mess separately is granted.
‘‘(4) The member is assigned to duty under
emergency conditions where no messing facilities of
the United States are available.
‘‘(5) The member is on an authorized leave of ab-
sence, is confined in a hospital, or is performing trav-
el under orders away from the member’s designated
post of duty (except when rations in kind are avail-
able and the Secretary of Defense does not authorize
the payment of the basic allowance for subsistence.).
210
‘‘(c) OFFICERS.—An officer of a uniformed service who
is entitled to basic pay is entitled, at all times, to the basic
allowances for subsistence. An aviation cadet of the Navy,
Air Force, Marine Corps, or Coast Guard is entitled to the
same basic allowance for subsistence as is provided for an
officer of the Navy, Air Force, Marine Corps, or Coast
Guard, respectively.
‘‘(d) SPECIAL RULE FOR CERTAIN MEMBERS AUTHOR-
IZED TO MESS SEPARATELY.—Under regulations and in
areas prescribed by the Secretary of Defense, and the Sec-
retary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, an en-
listed member who is granted permission to mess separately,
and whose duties require the member to buy at least one
meal from other than a messing facility of the United
States, is entitled to not more than the pro rata allowance
authorized for each such meal for an enlisted member when
rations in kind are not available.
‘‘(e) PAYMENT FOR RATIONS IN KIND ACTUALLY RE-
CEIVED.—The Secretary of Defense may require a member
of the uniformed services to pay for rations in kind actually
received by the member while entitled to a basic allowance
for subsistence.
211
‘‘(f) ADMINISTRATION.—(1) The Secretary of Defense
may prescribe regulations for the administration of this sec-
tion.
‘‘(2) For purposes of subsection (b)(5), a member shall
not be considered to be performing travel under orders away
from his designated post of duty if the member—
‘‘(A) is an enlisted member serving the member’s
first tour of active duty;
‘‘(B) has not actually reported to a permanent
duty station pursuant to orders directing such assign-
ment; and
‘‘(C) is not actually traveling between stations
pursuant to orders directing a change of station.
‘‘(g) PERCENTAGE LIMITATION ON ENLISTED MEM-
BERS RECEIVING ALLOWANCE.—(1) This subsection apples
with respect to enlisted members of the Army, Navy, Air
Force, and Marine Corps who, when present at their perma-
nent duty station and at which adequate messing facilities
of the United States are available, reside without depend-
ents in Government quarters. The Secretary concerned may
not provide a basic allowance for subsistence to more than
12 percent of such members under the jurisdiction of the
Secretary concerned.
‘‘(2) The Secretary concerned may exceed the percent-
age limitation specified in paragraph (1) if the Secretary
212
determines that compliance would increase costs to the Gov-
ernment, would impose financial hardships on members
otherwise entitled to a basic allowance for subsistence, or
would reduce the quality of life for such members.
‘‘(3) This subsection shall not apply to a member de-
scribed in paragraph (1) when the member is not residing
at the member’s permanent duty station.
‘‘(h) RATIONS IN KIND FOR CERTAIN RESERVES.—(1)
The Secretary concerned may provide rations in kind, or
a part thereof, to an enlisted member of a reserve component
or of the National Guard when the member’s instruction
or duty periods, described in section 206(a) of this title,
total at least eight hours in a calendar day. The Secretary
concerned may provide the member with a commutation
when rations in kind are not available.
‘‘(2) This subsection shall not apply with respect to
an enlisted member of a reserve component or of the Na-
tional Guard who is entitled to basic pay.
‘‘(i) USE OF MESSING FACILITIES.—The Secretary of
Defense, in consultation with the Secretaries concerned,
shall establish policies regarding the use of messing facilities
of the United States, including field messing facilities.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
404(b)(2) of title 37, United States Code, is amended by
213
striking out ‘‘under section 402(e) of this title’’ and insert-
ing in lieu thereof ‘‘by the Secretary of Defense’’.
(2) Section 1012 of title 37, United States Code, is
amended by striking out ‘‘section 402(b)(3)’’ and inserting
in lieu thereof ‘‘section 402(h)’’.
(3) Section 6912 of title 10, United States Code, is
amended by striking out ‘‘section 402(a) and (b)’’ and in-
serting in lieu thereof ‘‘section 402(c)’’.
SEC. 604. CONSOLIDATION OF BASIC ALLOWANCE FOR
QUARTERS, VARIABLE HOUSING ALLOWANCE,
AND OVERSEAS HOUSING ALLOWANCES.
(a) CONSOLIDATION OF ALLOWANCES.—Section 403 of
title 37, United States Code, is amended to read as follows:
‘‘§ 403. Basic allowance for housing
‘‘(a) COMPONENTS OF BASIC ALLOWANCE FOR HOUS-
ING.—The basic allowance for housing consists of the follow-
ing components:
‘‘(1) A basic allowance for quarters for members
of the uniformed services stationed in the United
States and, under certain circumstances, members on
duty outside of the United States whose dependents
continue to reside in the United States.
‘‘(2) A overseas station housing allowance for
members on duty outside of the United States to re-
flect housing costs incurred by the members.
214
‘‘(3) A family separation housing allowance for
members with dependents when the movement of the
dependents to the members’ permanent station is not
authorized at the expense of the United States.
‘‘(b) ELIGIBILITY FOR ALLOWANCE.—(1) Except as
otherwise provided by law, a member of a uniformed service
who is entitled to basic pay shall receive the component or
components of the basic allowance for housing to which the
member is entitled under this section at the monthly rates
prescribed in connection with the component under this sec-
tion or other provision of law. The amount of the allowance
for a member will vary according to the pay grade in which
the member is assigned or distributed for basic pay pur-
poses and the member’s dependency status.
‘‘(2) The basic allowance for housing may be paid in
advance.
‘‘(c) EFFECT OF ASSIGNMENT TO GOVERNMENT QUAR-
TERS.—(1) Except as otherwise provided by law, a member
of a uniformed service who is assigned to quarters of the
United States appropriate to the grade, rank, or rating of
the member and adequate for the member and dependents,
if with dependents, is not entitled to a basic allowance for
housing. In this section, the term ‘quarters of the United
States’ includes a housing facility under the jurisdiction
of a uniformed service.
216
‘‘(d) EFFECT OF FIELD DUTY AND SEA DUTY.—(1)
The Secretary concerned may deny the basic allowance for
housing to a member of a uniformed service without depend-
ents when the member is assigned to field duty with a unit
conducting field operations.
‘‘(2) A member of a uniformed service without depend-
ents who is in a pay grade below pay grade E–6 is not
entitled to a basic allowance for housing while on sea duty.
After taking into consideration the availability of quarters
for members serving in pay grade E–5, the Secretary con-
cerned may authorize the payment of a basic allowance for
housing to a member without dependents who is serving in
such pay grade and is assigned to sea duty.
‘‘(3) Notwithstanding section 421 of this title, two
members of the uniformed services in a pay grade below
pay grade E–6 who are married to each other, have no other
dependents, and are simultaneously assigned to sea duty
are jointly entitled to one basic allowance for housing dur-
ing the period of such simultaneous sea duty. The amount
of the allowance shall be based on the without dependents
rate for the pay grade of the senior member of the couple.
However, this paragraph shall not apply to a couple if one
or both of the members are entitled to a basic allowance
for housing under paragraph (2).
217
‘‘(4) For purposes of this subsection, the Secretary of
Defense shall prescribe, by regulation, definitions of the
terms ‘field duty’ and ‘sea duty’.
‘‘(e) BASIC ALLOWANCE FOR QUARTERS.—(1) The Sec-
retary of Defense shall determine the costs of adequate hous-
ing in a military housing area for all members of the uni-
formed services entitled to a basic allowance for quarters
in that area. The Secretary shall base the determination
upon the costs of adequate housing for civilians with com-
parable income levels in the same area.
‘‘(2) The monthly amount of a basic allowance for
quarters for an area of the United States for a member of
a uniformed service is equal to difference between—
‘‘(A) the monthly cost of housing in that area, as
determined by the Secretary of Defense, for members
of the uniformed services serving in the same pay
grade and with the same dependency status as the
member; and
‘‘(B) 15 percent of the national average monthly
cost of housing in the United States, as determined by
the Secretary, for members of the uniformed services
serving in the same pay grade and with the same de-
pendency status as the member.
‘‘(3) The rates of basic allowance for quarters shall be
reduced as necessary to comply with this paragraph. The
218
total amount that may be paid for a fiscal year for the
basic allowance for quarters is the product of—
‘‘(A) the total amount authorized to be paid for
such allowance for the preceding fiscal year (as ad-
justed under paragraph (5)); and
‘‘(B) a fraction—
‘‘(i) the numerator of which is the index of
the national average monthly cost of housing for
June of the preceding fiscal year; and
‘‘(ii) the denominator of which is the index
of the national average monthly cost of housing
for June of the fiscal year before the preceding
fiscal year.
‘‘(4) An adjustment in the rates of basic allowance for
quarters as a result of the Secretary’s redetermination of
housing costs in an area shall take effect on the same date
as the effective date of the next increase in basic pay under
section 1009 of this title or other provision of law.
‘‘(5) In making a determination under paragraph (3)
for a fiscal year, the amount authorized to be paid for the
preceding fiscal year for the basic allowance for quarters
shall be adjusted to reflect changes during the year for which
the determination is made in the number, grade distribu-
tion, geographic distribution, and dependency status of
members of the uniformed services entitled to the allowance
219
from the number of such members during the preceding fis-
cal year.
‘‘(6) So long as a member of a uniformed service re-
tains uninterrupted eligibility to receive a basic allowance
for quarters within an area of the United States, the month-
ly amount of the allowance for the member may not be re-
duced as a result of changes in housing costs in the area,
changes in the national average monthly cost of housing,
or the promotion of the member.
‘‘(f) OVERSEAS STATION HOUSING ALLOWANCE.—(1)
The Secretary of Defense may prescribe an overseas station
housing allowance for a member of a uniformed service who
is on duty outside of the United States. The Secretary shall
base the station housing allowance on housing costs in the
overseas area in which the member is assigned.
‘‘(2) So long as a member of a uniformed service re-
tains uninterrupted eligibility to receive an overseas station
housing allowance in an overseas area and the actual
monthly cost of housing for the member is not reduced, the
monthly amount of the overseas station housing allowance
may not be reduced as a result of changes in housing costs
in the area or the promotion of the member. The monthly
amount of the allowance may be adjusted to reflect changes
in currency rates.
220
‘‘(g) FAMILY SEPARATION HOUSING ALLOWANCE.—(1)
A member of a uniformed service with dependents who is
on permanent duty at a location described in paragraph
(2) is entitled to a family separation housing allowance
under this subsection at a monthly rate equal to the rate
of basic allowance for quarters or overseas station housing
allowance established for that location for members without
dependents in the same grade.
‘‘(2) A permanent duty location referred to in para-
graph (1) is a location—
‘‘(A) to which the movement of the member’s de-
pendents is not authorized at the expense of the Unit-
ed States under section 406 of this title, and the mem-
ber’s dependents do not reside at or near the location;
and
‘‘(B) at which quarters of the United States are
not available for assignment to the member.
‘‘(3) The allowance provided under this subsection is
in addition to any other allowance or per diem that the
member is otherwise entitled to under this title.
‘‘(h) PARTIAL ALLOWANCE.—(1) The Secretary of De-
fense may prescribe a partial basic allowance for housing
for a member of a uniformed service without dependents
who is not entitled to the allowance pursuant to subsection
(c) or (d).
221
‘‘(2) In the case of a member of a uniformed service
who is assigned to quarters of the United States and pays
child support, the Secretary of Defense may authorize the
payment of a partial basic allowance for housing, at a rate
prescribed by the Secretary, on account of the member’s
payment of the child support. The allowance shall be at a
reduced rate to reflect the member’s assignment to quarters
of the United States. The amount of the partial allowance
shall not exceed the monthly rate of the member’s child sup-
port. The payment of a partial allowance under this para-
graph to a member may be in addition to any allowance
paid to the member under paragraph (1).
‘‘(i) SPECIAL RULES
FOR CERTAIN MEMBERS.—
(1)(A) In the case of a member of a reserve component of
a uniformed service without dependents who is called or or-
dered to active duty (other than for training) or a retired
member without dependents ordered to active duty under
section 688(a) of title 10, the member shall be considered
to be assigned to duty at the location of the primary resi-
dence of the member at the time of the call or order for
purposes of determining the amount of the member’s basic
allowance for housing.
‘‘(B) If a member described in subparagraph (A) is
called or ordered to active duty for less than 30 days, the
222
Secretary of Defense shall prescribe the amount of the basic
allowance for housing to be paid to the member.
‘‘(C) This paragraph shall not apply to a member de-
scribed in subparagraph (A) if the member is authorized
transportation of household goods under section 406 of this
title as part of the call or order to active duty or if the
primary residence of the member is not owned by the mem-
ber or the member is not responsible for rental payments.
‘‘(2) A member of a uniformed service without depend-
ents who is in pay grade E–4 (four or more years’ service),
or above, is entitled to a basic allowance for housing while
the member is in a travel or leave status between permanent
duty stations, including time granted as delay en route or
proceed time, when the member is not assigned to quarters
of the United States. Notwithstanding subsection (e)(2), the
rate of basic allowance for quarters for such a member shall
be equal to the national average monthly cost of housing
in the United States, as determined by the Secretary, for
members of the uniformed services serving in the same pay
grade and with the same dependency status as the member.
‘‘(3) The eligibility of an aviation cadet of the Navy,
Air Force, Marine Corps, or Coast Guard for a basic allow-
ance for housing shall be determined as if the aviation cadet
were a member of the uniformed services in pay grade
E–4.
223
‘‘(4) In the case of a member without dependents who
is assigned to duty inside the United States, the location
or the circumstances of which make it necessary that the
member be reassigned under the conditions of low cost or
no cost permanent change of station or permanent change
of assignment, the member may be treated as if the member
were not reassigned if the Secretary concerned determines
that it would be inequitable to base the member’s entitle-
ment to, and amount of, a basic allowance for housing on
the area to which the member is reassigned.
‘‘(j) ADMINISTRATION.—(1) The Secretary concerned
may make such determinations as may be necessary to ad-
minister this section, including determinations of depend-
ency and relationship. When warranted by the cir-
cumstances, the Secretary concerned may reconsider and
change or modify any such determination. This authority
may be delegated by the Secretary concerned. Any deter-
mination made under this section with regard to a member
of the uniformed services is final and is not subject to review
by any accounting officer of the United States or a court,
unless there is fraud or gross negligence.
‘‘(2) Parking facilities (including utility connections)
provided members of the uniformed services for house trail-
ers and mobile homes not owned by the Government shall
not be considered to be quarters for the purposes of this sec-
224
tion or any other provision of law. Any fees established by
the Government for the use of such a facility shall be estab-
lished in an amount sufficient to cover the cost of mainte-
nance, services, and utilities and to amortize the cost of con-
struction of the facility over the 25-year period beginning
with the completion of such construction.
‘‘(k) TEMPORARY CONTINUATION OF ALLOWANCE.—(1)
The Secretary of Defense, or the Secretary of Transpor-
tation in the case of the Coast Guard when not operating
as a service in the Navy, may allow the dependents of a
member of the armed forces who dies while on active duty
and whose dependents are occupying family housing pro-
vided by the Department of Defense, or by the Department
of Transportation in the case of the Coast Guard, other than
on a rental basis on the date of the member’s death to con-
tinue to occupy such housing without charge for a period
of 180 days.
‘‘(2) The Secretary concerned may pay an allowance
for housing to the dependents of a member of the uniformed
services who dies while on active duty and whose dependents
are not occupying a housing facility under the jurisdiction
of a uniformed service on the date of the member’s death
or are occupying such housing on a rental basis on such
date, or whose dependents vacate such housing sooner than
180 days after the date of the member’s death. The amount
225
of the allowance shall be the same amount that would other-
wise be payable to the deceased member under this section
if the member had not died. The payment of an allowance
under this paragraph shall terminate 180 days after the
date of the member’s death.’’.
(b) REPEAL OF SUPERSEDED AUTHORITIES.—(1) Sec-
tion 403a of title 37, United States Code, is repealed.
(2) Section 405 of such title is amended—
(A) by striking out subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(3) Section 427 of such title is amended—
(A) by striking out subsection (a); and
(B) in subsection (b)—
(i) by striking out ‘‘(b) ADDITIONAL SEPA-
RATION ALLOWANCE.—’’ and inserting in lieu
thereof ‘‘(a) AVAILABILITY OF SEPARATION AL-
LOWANCE.—’’;
(ii) in paragraph (1), by striking out ‘‘in-
cluding subsection (a)’’ and inserting in lieu
thereof ‘‘including section 403(g) of this title’’;
(iii) in paragraph (4)—
(I) by striking out ‘‘(4) A member’’
and inserting in lieu thereof ‘‘(b) EFFECT
226
OF ELECTION TO SERVE UNACCOMPANIED
TOUR OF DUTY.—A member’’;
(II) by striking out ‘‘paragraph (1)(A)
of this subsection’’ and inserting in lieu
thereof ‘‘subsection (a)(1)(A)’’; and
(iv) in paragraph (5)—
(I) by striking out ‘‘(5) Section 421’’
and inserting in lieu thereof ‘‘(c) EFFECT
OF
DEPENDENT
ENTITLED
TO
BASIC
PAY.—Section 421’’; and
(II) 
by 
striking 
out 
‘‘paragraph
(1)(D)’’ both places it appears and insert-
ing in lieu thereof ‘‘subsection (a)(1)(D)’’.
(4) The table of sections at the beginning of chapter
7 of title 37, United States Code, is amended by striking
out the items relating to sections 403 and 403a and insert-
ing in lieu thereof the following new item:
‘‘403. Basic allowance for housing.’’.
(c) CONFORMING AMENDMENTS.—(1) Title 37, United
States Code, is amended—
(A) in section 101(25), by striking out ‘‘basic al-
lowance for quarters (including any variable housing
allowance or station housing allowance)’’ and insert-
ing in lieu thereof ‘‘basic allowance for housing’’;
227
(B) in section 406(c), by striking out ‘‘sections
404 and 405’’ and inserting in lieu thereof ‘‘sections
403(f), 404, and 405’’;
(C) in section 420(c), by striking out ‘‘quarters’’
and inserting in lieu thereof ‘‘housing’’;
(D) in section 551(3)(D), by striking out ‘‘basic
allowance for quarters’’ and inserting in lieu thereof
‘‘basic allowance for housing’’; and
(E) in section 1014(a), by striking out ‘‘basic al-
lowance for quarters’’ and inserting in lieu thereof
‘‘basic allowance for housing’’.
(2) Title 10, United States Code, is amended—
(A) in section 708(c)(1), by striking out ‘‘basic
allowance for quarters or basic allowance for subsist-
ence’’ and inserting in lieu thereof ‘‘basic allowance
for housing under section 403 of title 37, basic allow-
ance for subsistence under section 402 of such title,’’;
(B) in section 2830(a)—
(i) in paragraph (1), by striking out ‘‘basic
allowance for quarters’’ and inserting in lieu
thereof ‘‘basic allowance for housing under sec-
tion 403 of title 37’’; and
(ii) in paragraph (2), by striking out ‘‘basic
allowance for quarters’’ and inserting in lieu
thereof ‘‘basic allowance for housing’’;
228
(C) in section 2882(b)—
(i) in paragraph (1), by striking out ‘‘sec-
tion 403(b)’’ and inserting in lieu thereof ‘‘sec-
tion 403’’; and
(ii) in paragraph (2), by striking out ‘‘basic
allowance for quarters’’ and all that follows
through the end of the paragraph and inserting
in lieu thereof ‘‘basic allowance for housing
under section 403 of title 37.’’;
(D) in section 7572(b)—
(i) in paragraph (1), by striking out ‘‘the
total of—’’ and all that follows through the end
of the paragraph and inserting in lieu thereof
‘‘the basic allowance for housing payable under
section 403 of title 37 to a member of the same
pay grade without dependents for the period dur-
ing which the member is deprived of quarters on
board ship.’’; and
(ii) in paragraph (2), by striking out ‘‘basic
allowance for quarters’’ and inserting in lieu
thereof ‘‘basic allowance for housing’’; and
(E) in section 7573, by striking out ‘‘basic allow-
ance for quarters’’ and inserting in lieu thereof ‘‘basic
allowance for housing under section 403 of title 37’’.
229
(3) Section 5561(6)(D) of title 5, United States Code,
is amended by striking out ‘‘basic allowance for quarters’’
and inserting in lieu thereof ‘‘basic allowance for housing’’.
(4) Section 107(b) of title 32, United States Code, is
amended by striking out ‘‘and quarters’’ and inserting in
lieu thereof ‘‘and housing’’.
(5) Section 4(k)(10) of the Military Selective Service
Act (50 U.S.C. App. 454(k)(10)) is amended by striking
out ‘‘as such terms’’ and all that follows through ‘‘extended
or amended’’ and inserting in lieu thereof ‘‘shall be entitled
to receive a dependency allowance equal to the basic allow-
ance for quarters provided for persons in pay grade E–1
under section 403 of title 37, United States Code,’’.
(d) TRANSITION TO BASIC ALLOWANCE FOR HOUS-
ING.—The Secretary of Defense shall develop and imple-
ment a plan to incrementally manage the rate of growth
of the various components of the basic allowance for housing
authorized by section 403 of title 37, United States Code
(as amended by subsection (a)), during a transition period
of not more than six years. During the transition period,
the Secretary may continue to use the authorities provided
under sections 403, 403a, 405(b), and 427(a) of title 37,
United States Code (as in effect on the day before the date
of the enactment of this Act), but subject to such modifica-
230
tions as the Secretary considers necessary, to provide allow-
ances for members of the uniformed services.
(e) AVAILABILITY OF FUNDS TO REDUCE OUT-OF-
POCKET HOUSING COSTS.—Of the amount authorized to be
appropriated pursuant to section 421 for military person-
nel, $35,000,000 shall be available to the Secretary of De-
fense to increase the rates of basic allowance for quarters
authorized members of the Armed Forces by section 403 of
title 37, United States Code (as amended by subsection (a)),
so as to further reduce out-of-pocket housing costs incurred
by members of the Armed Forces.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND
SPECIAL PAY AUTHORITIES FOR RESERVE
FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1998’’ and inserting in lieu thereof
‘‘September 30, 1999’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
231
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of
title 37, United States Code, is amended by striking out
‘‘September 30, 1998’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1999’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT
BONUS.—Section 308h(g) of title 37, United States Code,
is amended by striking out ‘‘September 30, 1998’’ and in-
serting in lieu thereof ‘‘September 30, 1999’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(i) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1998’’ and inserting in lieu thereof
‘‘September 30, 1999’’.
232
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND
SPECIAL PAY AUTHORITIES FOR NURSE OFFI-
CER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code,
is amended by striking out ‘‘September 30, 1998’’ and in-
serting in lieu thereof ‘‘September 30, 1999’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1998’’ and insert-
ing in lieu thereof ‘‘September 30, 1999’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1998’’ and
inserting in lieu thereof ‘‘September 30, 1999’’.
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER BONUSES AND
SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section
301b(a) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1998,’’ and inserting in lieu thereof
‘‘September 30, 1999,’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of title 37, United States Code, is amended
233
by striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(c) ENLISTMENT BONUSES FOR MEMBERS WITH CRIT-
ICAL SKILLS.—Sections 308a(c) and 308f(c) of title 37,
United States Code, are each amended by striking out ‘‘Sep-
tember 30, 1998’’ and inserting in lieu thereof ‘‘September
30, 1999’’.
(d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE DUTY.—Section 312(e) of
title 37, United States Code, is amended by striking out
‘‘September 30, 1998’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1999’’.
(e) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1998’’ and inserting in lieu thereof
‘‘September 30, 1999’’.
(f) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of title 37, United States Code, is amended
by striking out ‘‘October 1, 1998’’ and inserting in lieu
thereof ‘‘October 1, 1999’’.
(g) REPAYMENT OF EDUCATION LOANS FOR CERTAIN
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED
RESERVE.—Section 16302(d) of title 10, United States
Code, is amended by striking out ‘‘October 1, 1998’’ and
inserting in lieu thereof ‘‘October 1, 1999’’.
234
SEC. 614. INCREASE IN MINIMUM MONTHLY RATE OF HAZ-
ARDOUS DUTY INCENTIVE PAY FOR CERTAIN
MEMBERS.
(a) AERIAL FLIGHT CREWMEMBERS.—The table in
subsection (b) of section 301 of title 37, United States Code,
is amended—
(1) by striking out ‘‘110’’ each place it appears
and inserting in lieu thereof ‘‘150’’; and
(2) by striking out ‘‘125’’ each place it appears
and inserting in lieu thereof ‘‘150’’.
(b) AIR WEAPONS CONTROLLER AIRCREW.—The table
in subsection (c)(2)(A) of such section is amended—
(1) by striking out ‘‘100’’ in the first column of
amounts and inserting in lieu thereof ‘‘150’’;
(2) by striking out ‘‘110’’ in the last column of
amounts and inserting in lieu thereof ‘‘150’’; and
(3) by striking out ‘‘125’’ each place it appears
and inserting in lieu thereof ‘‘150’’.
(c) OTHER MEMBERS.—Subsection (c)(1) of such sec-
tion is amended—
(1) by striking out ‘‘$110’’ and inserting in lieu
thereof ‘‘$150’’; and
(2) by striking out ‘‘$165’’ and inserting in lieu
thereof ‘‘$225’’.
235
SEC. 615. AVAILABILITY OF MULTIYEAR RETENTION BONUS
FOR DENTAL OFFICERS.
(a) AVAILABILITY OF RETENTION BONUS.—Chapter 5
of title 37, United States Code, is amended by inserting
after section 301d the following new section:
‘‘§ 301e. Multiyear retention bonus: dental officers of
the armed forces
‘‘(a) BONUS AUTHORIZED.—(1) A dental officer de-
scribed in subsection (b) who executes a written agreement
to remain on active duty for two, three, or four years after
completion of any other active-duty service commitment
may, upon acceptance of the written agreement by the Sec-
retary of the military department concerned, be paid a re-
tention bonus as provided in this section.
‘‘(2) The amount of a retention bonus under para-
graph (1) may not exceed $14,000 for each year covered
by a four-year agreement. The maximum yearly retention
bonus for two-year and three-year agreements shall be re-
duced to reflect the shorter service commitment.
‘‘(b) OFFICERS
AUTOMATICALLY
ELIGIBLE.—Sub-
section (a) applies to an officer of the armed forces who—
‘‘(1) is an officer of the Dental Corps of the
Army or the Navy or an officer of the Air Force des-
ignated as a dental officer;
‘‘(2) has a dental specialty in oral and maxillo-
facial surgery;
236
‘‘(3) is in a pay grade below pay grade 0–7;
‘‘(4) has at least eight years of creditable service
(computed as described in section 302b(g) of this title)
or has completed any active-duty service commitment
incurred for dental education and training; and
‘‘(5) has completed initial residency training (or
will complete such training before September 30 of the
fiscal year in which the officer enters into an agree-
ment under subsection (a)).
‘‘(c) EXTENSION OF BONUS TO OTHER DENTAL OFFI-
CERS.—At the discretion of the Secretary of the military
department concerned, the Secretary may enter into a writ-
ten agreement described in subsection (a)(1) with a dental
officer who does not have the dental specialty specified in
subsection (b)(2), and pay a retention bonus to such an offi-
cer as provided in this section, if the officer otherwise satis-
fies the eligibility requirements specified in subsection (b).
The Secretaries shall exercise the authority provided in this
section in a manner consistent with regulations prescribed
by the Secretary of Defense.
‘‘(d) REFUNDS.—(1) Refunds shall be required, on a
pro rata basis, of sums paid under this section if the officer
who has received the payment fails to complete the total
period of active duty specified in the agreement, as condi-
tions and circumstances warrant.
237
‘‘(2) An obligation to reimburse the United States im-
posed under paragraph (1) is for all purposes a debt owed
to the United States.
‘‘(3) A discharge in bankruptcy under title 11, United
States Code, that is entered less than five years after the
termination of an agreement under this section does not dis-
charge the member signing such agreement from a debt aris-
ing under such agreement or under paragraph (1). This
paragraph applies to any case commenced under title 11
after the date of the enactment of the National Defense Au-
thorization Act for Fiscal Year 1998.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 301d the following new item:
‘‘301e. Multiyear retention bonus: dental officers of the armed forces.’’.
SEC. 616. INCREASE IN VARIABLE AND ADDITIONAL SPE-
CIAL PAYS FOR CERTAIN DENTAL OFFICERS.
(a) VARIABLE SPECIAL PAY FOR JUNIOR OFFICERS.—
Paragraph (2) of section 302b(a) of title 37, United States
Code, is amended by striking out subparagraphs (C)
through (F) and inserting in lieu thereof the following new
subparagraphs:
‘‘(C) $7,000 per year, if the officer has at least
six but less than eight years of creditable service.
‘‘(D) $12,000 per year, if the officer has at least
eight but less than 12 years of creditable service.
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‘‘(2) has a specialty that is designated by the
Secretary concerned for the purposes of this section;
‘‘(3) has completed a tour of duty (as defined in
accordance with regulations prescribed by the Sec-
retary concerned) at a location outside the 48 contig-
uous States and the District of Columbia that is des-
ignated by the Secretary concerned for the purposes of
this section; and
‘‘(4) at the end of that tour of duty executes an
agreement to extend that tour for a period of not less
than one year.
‘‘(b) SPECIAL PAY OR BONUS AUTHORIZED.—Under
regulations prescribed by the Secretary concerned, an en-
listed member described in subsection (a) is entitled, upon
acceptance by the Secretary concerned of the agreement pro-
viding for extension of the member’s tour of duty, to ei-
ther—
‘‘(1) special pay for duty performed during the
period of the extension at a rate of not more than $80
per month, as prescribed by the Secretary concerned;
or
‘‘(2) a bonus of up to $2,000 per year, as pre-
scribed by the Secretary concerned, for specialty re-
quirements at designated locations.
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‘‘(A) the Secretary concerned finds that the ex-
igencies of the service require the member to make
more than one change of permanent station during
the fiscal year;
‘‘(B) the member is ordered to a service school as
a change of permanent station;
‘‘(C) the member’s dependents are covered by sec-
tion 405a(a), 406(e), 406(h), or 554 of this title; or
‘‘(D) subparagraph (C) or (D)(ii) of subsection
(a)(2) or subsection (b) apply with respect to the
member or the member’s dependents.
‘‘(2) This subsection does not apply in time of national
emergency or in time of war.
‘‘(e) FIRST OR LAST DUTY.—A member is not entitled
to payment of a dislocation allowance when ordered from
the member’s home to the member’s first duty station or
from the member’s last duty station to the member’s home.
‘‘(f) RULE OF CONSTRUCTION.—For purposes of this
section, a member whose dependents may not make an au-
thorized move in connection with a change of permanent
station is considered a member without dependents.
‘‘(g) ADVANCE PAYMENT.—A dislocation allowance
payable under this section may be paid in advance.’’.