197
(2) The table of sections at the beginning of subchapter
VIII is amended by inserting after the item relating to sec-
tion 857 (article 57) the following new item:
‘‘857a. 57a. Sentences: forfeiture of pay and allowances during confinement by
sentence of court-martial.’’.
(b) ACTION BY THE CONVENING AUTHORITY.—Section
860 (article 60) is amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f) respectively; and
(2) by inserting after subsection (c) the following
new subsection:
‘‘(d) In a case involving an accused who has depend-
ents and in which the sentence, as approved, includes con-
finement, the convening authority or other person taking
action under this section may waive some or all of the for-
feiture of pay and allowances otherwise required by section
857a of this title (article 57a). Any amount of pay and
allowances payable only by reason of such a waiver shall
be paid, as the convening authority or other person taking
action under this section directs, to the dependents of the
accused.’’
(c) CONFORMING AMENDMENT.—(1) Section 804 of
title 37, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
15 of such title is amended by striking out the item relating
to section 804.
198
SEC. 543. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended by striking
out ‘‘shall be’’ in the second sentence and all that follows
inserting in lieu thereof ‘‘shall be fined or imprisoned, or
both, at the court’s discretion.’’.
SEC. 544. FLIGHT FROM APPREHENSION.
(a) IN GENERAL.—Section 895 (article 95) is amended
to read as follows:
‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,
and escape
‘‘Any person subject to this chapter who—
‘‘(1) resists apprehension;
‘‘(2) flees from apprehension;
‘‘(3) breaks arrest; or
‘‘(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.’’.
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 895 (article 95) in the table of sections at the beginning
of subchapter X is amended to read as follows:
‘‘895. 95. Resistance, flight, breach of arrest, and escape.’’.
SEC. 545. CARNAL KNOWLEDGE.
(a) GENDER NEUTRALITY.—Subsection (b) of section
920 (article 120) is amended to read as follows:
‘‘(b) Any person subject to this chapter who, under cir-
cumstances not amounting to rape, commits an act of sex-
ual intercourse with a person—
199
‘‘(1) who is not that person’s spouse; and
‘‘(2) who has not attained the age of sixteen
years;
is guilty of carnal knowledge and shall be punished as a
court-martial may direct.’’.
(b) MISTAKE OF FACT.—Such section (article) is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(d) In a prosecution under subsection (b), it is a de-
fense that—
‘‘(1) the person with whom the accused commit-
ted the act of sexual intercourse had at the time of the
alleged offense attained the age of twelve years; and
‘‘(2) the accused reasonably believed that that
person had at the time of the alleged offense attained
the age of sixteen years.’’.
SEC. 546. TIME AFTER ACCESSION FOR INITIAL INSTRUC-
TION IN THE UNIFORM CODE OF MILITARY
JUSTICE.
Section 937(a)(1) (article 137(a)(1)) is amended by
striking out ‘‘within six days’’ and inserting in lieu thereof
‘‘within fourteen days’’.
200
SEC. 547. PERSONS WHO MAY APPEAR BEFORE THE UNITED
STATES COURT OF APPEALS FOR THE ARMED
FORCES.
Section 944 (article 144) is amended by adding at the
end the following new sentence: ‘‘However, no person may
appear before the court (whether on a brief or in person)
other than an attorney who is admitted to practice before
the court or who is authorized to appear by the court in
a particular case (except that the court may permit a third-
year law student certified under a State rule for practical
training of law students to appear as an amicus curiae).’’.
SEC. 548. DISCRETIONARY REPRESENTATION BY GOVERN-
MENT APPELLATE DEFENSE COUNSEL IN PE-
TITIONING SUPREME COURT FOR WRIT OF
CERTIORARI.
Section 870 (article 70) is amended—
(1) in subsection (c), by inserting ‘‘(except as
provided in subsection (f))’’ before ‘‘the Supreme
Court’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) Representation of the accused by appellate defense
counsel in preparation of a petition to the Supreme Court
for a writ of certiorari shall be at the discretion of the ap-
pellate defense counsel.’’.
201
SEC. 549. REPEAL OF TERMINATION OF AUTHORITY FOR
CHIEF JUSTICE OF UNITED STATES TO DES-
IGNATE 
ARTICLE 
III 
JUDGES 
FOR 
TEM-
PORARY SERVICE ON COURT OF APPEALS
FOR THE ARMED FORCES.
Subsection (i) of section 1301 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public
Law 101–189; 10 U.S.C. 942 note) is repealed.
SEC. 550. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking
out ‘‘Courts of Military Review’’ both places it appears and
inserting in lieu thereof ‘‘Courts of Criminal Appeals’’.
Subtitle E—Other Matters
SEC. 551. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT
FOR OFFICERS AND ENLISTED MEMBERS.
(a) ENLISTED SERVICE CREDIT.—Section 972 of title
10, United States Code, is amended—
(1) by inserting ‘‘(a) ENLISTED MEMBERS RE-
QUIRED TO MAKE UP TIME LOST.—’’ before ‘‘An en-
listed member’’;
(2) by striking out paragraphs (3) and (4) and
inserting in lieu thereof the following:
‘‘(3) is confined by military or civilian authori-
ties for more than one day before, during, or after
trial; or’’; and
202
(3) by redesignating paragraph (5) as para-
graph (4).
(b) OFFICER SERVICE CREDIT.—Such section is fur-
ther amended by adding at the end the following:
‘‘(b) OFFICERS NOT ALLOWED SERVICE CREDIT FOR
TIME LOST.—In the case of an officer of an armed force
who after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996—
‘‘(1) deserts;
‘‘(2) is absent from his organization, station, or
duty for more than one day without proper authority,
as determined by competent authority;
‘‘(3) is confined by military or civilian authori-
ties for more than one day before, during, or after
trial; or
‘‘(4) is unable for more than one day, as deter-
mined by competent authority, to perform his duties
because of intemperate use of drugs or alcoholic liq-
uor, or because of disease or injury resulting from his
misconduct;
the period of such desertion, absence, confinement, or inabil-
ity to perform duties may not be counted in computing,
for any purpose other than basic pay under section 205 of
title 37, the officer’s length of service.’’.
203
(c) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 972. Members: effect of time lost
(2) The item relating to section 972 in the table of
sections at the beginning of chapter 49 of such title is
amended to read as follows:
‘‘972. Members: effect of time lost.’’.
(d) CONFORMING AMENDMENTS.—(1) Section 1405(c)
is amended—
(A) by striking out ‘‘MADE UP.—Time’’ and in-
serting in lieu thereof ‘‘MADE UP OR EXCLUDED.—
(1) Time’’;
(B) by striking out ‘‘section 972’’ and inserting
in lieu thereof ‘‘section 972(a)’’;
(C) by inserting after ‘‘of this title’’ the follow-
ing: ‘‘, or required to be made up by an enlisted mem-
ber of the Navy, Marine Corps, or Coast Guard under
that section with respect to a period of time after the
date of the enactment of the National Defense Author-
ization Act for Fiscal Year 1995,’’; and
(D) by adding at the end the following:
‘‘(2) Section 972(b) of this title excludes from computa-
tion of an officer’s years of service for purposes of this sec-
tion any time identified with respect to that officer under
that section.’’.
(2) Chapter 367 of such title is amended—
204
(A) in section 3925(b), by striking out ‘‘section
972’’ and inserting in lieu thereof ‘‘section 972(a)’’;
and
(B) by adding at the end of section 3926 the fol-
lowing new subsection:
‘‘(e) Section 972(b) of this title excludes from computa-
tion of an officer’s years of service for purposes of this sec-
tion any time identified with respect to that officer under
that section.’’.
(3)(A) Chapter 571 of such title is amended by insert-
ing after section 6327 the following new section:
‘‘§ 6328. Computation of years of service: voluntary re-
tirement
‘‘(a) ENLISTED MEMBERS.—Time required to be made
up under section 972(a) of this title after the date of the
enactment of this section may not be counted in computing
years of service under this chapter.
‘‘(b) OFFICERS.—Section 972(b) of this title excludes
from computation of an officer’s years of service for pur-
poses of this chapter any time identified with respect to that
officer under that section.’’.
(B) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
6327 the following new item:
‘‘6328. Computation of years of service: voluntary retirement.’’.
(4) Chapter 867 of such title is amended—
205
(A) in section 8925(b), by striking out ‘‘section
972’’ and inserting in lieu thereof ‘‘section 972(a)’’;
and
(B) by adding at the end of section 8926 the fol-
lowing new subsection:
‘‘(d) Section 972(b) of this title excludes from computa-
tion of an officer’s years of service for purposes of this sec-
tion any time identified with respect to that officer under
that section.’’.
(e) EFFECTIVE
DATE
AND
APPLICABILITY.—The
amendments made by this section shall take effect on the
date of the enactment of this Act and shall apply to any
period of time covered by section 972 of title 10, United
States Code, that occurs after that date.
SEC. 552. EXTENSION OF EXPIRING PERSONNEL AUTHORI-
TIES.
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN
RESERVE
MEDICAL
OFFICERS.—Sections 3359(b) and
8359(b) of title 10, United States Code, are amended by
striking out ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
(n) PROMOTION AUTHORITY FOR CERTAIN RESERVE
OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)
and 8380(d) of such title are amended by striking out ‘‘Sep-
206
tember 30, 1995’’ and inserting in lieu thereof ‘‘September
30, 1996’’.
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER
TO THE RETIRED RESERVE.—Section 1016(d) of the De-
partment of Defense Authorization Act, 1984 (10 U.S.C.
3360 note), is amended by striking out ‘‘September 30,
1995’’ and inserting in lieu thereof ‘‘September 30, 1996’’.
(d) AUTHORITY
FOR TEMPORARY PROMOTIONS
OF
CERTAIN NAVY LIEUTENANTS.—Section 5721 of title 10,
United States Code, is amended by striking out ‘‘September
30, 1995’’ and inserting in lieu thereof ‘‘September 30,
1998’’.
SEC. 553. INCREASE IN EDUCATIONAL ASSISTANCE ALLOW-
ANCE WITH RESPECT TO SKILLS OR SPECIAL-
TIES FOR WHICH THERE IS A CRITICAL
SHORTAGE OF PERSONNEL.
Section 16131 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(j)(1) In the case of a person who has a skill or spe-
cialty designated by the Secretary concerned as a skill or
specialty in which there is a critical shortage of personnel
or for which it is difficult to recruit or, in the case of criti-
cal units, retain personnel, the Secretary concerned may in-
crease the rate of the educational assistance allowance ap-
plicable to that person to such rate in excess of the rate
207
prescribed under subparagraphs (A) through (D) of sub-
section (b)(1) as the Secretary of Defense considers appro-
priate, but the amount of any such increase may not exceed
$350 per month.
‘‘(2) The authority provided by paragraph (1) shall
be exercised by the Secretaries of the military departments
under regulations prescribed by the Secretary of Defense.’’.
SEC. 554. AMENDMENTS TO EDUCATION LOAN REPAYMENT
PROGRAMS.
(a) GENERAL EDUCATION LOAN REPAYMENT PRO-
GRAM.—Section 2171(a)(1) of title 10, United States Code,
is amended—
(1) by striking out ‘‘or’’ at the end of subpara-
graph (A);
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B):
‘‘(B) any loan made under part D of such title
(the William D. Ford Federal Direct Loan Program,
20 U.S.C. 1087a et seq.); or’’.
(b) EDUCATION LOAN REPAYMENT PROGRAM FOR EN-
LISTED MEMBERS OF SELECTED RESERVE WITH CRITICAL
SPECIALTIES.—Section 16301(a)(1) of such title is amend-
ed—
208
(1) by striking out ‘‘or’’ at the end of subpara-
graph (A);
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B):
‘‘(B) any loan made under part D of such title
(the William D. Ford Federal Direct Loan Program,
20 U.S.C. 1087a et seq.); or’’.
(c) EDUCATION LOAN REPAYMENT PROGRAM
FOR
HEALTH PROFESSIONS OFFICERS SERVING IN SELECTED
RESERVE
WITH
WARTIME
CRITICAL
MEDICAL
SKILL
SHORTAGES.—Section 16302(a) of such title is amended—
(1) by redesignating paragraphs (2) through (4)
as paragraphs (3) through (5) respectively; and
(2) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) any loan made under part D of such title
(the William D. Ford Federal Direct Loan Program,
20 U.S.C. 1087a et seq.); or’’.
209
SEC. 555. RECOGNITION BY STATES OF LIVING WILLS OF
MEMBERS, CERTAIN FORMER MEMBERS, AND
THEIR DEPENDENTS.
(a) RECOGNITION BY STATES REQUIRED.—(1) Chap-
ter 53 of title 10, United States Code, is amended by insert-
ing after section 1044b the following new section:
‘‘§ 1044c. Military advance medical directives: require-
ment for recognition by States
‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT
WITHOUT REGARD TO STATE LAW.—A military advance
medical directive—
‘‘(1) is exempt from any requirement of form,
substance, formality, or recording that is provided for
advance medical directives under the laws of a State;
and
‘‘(2) shall be given the same legal effect as an ad-
vance medical directive prepared and executed in ac-
cordance with the laws of the State concerned.
‘‘(b) MILITARY ADVANCE MEDICAL DIRECTIVES.—For
the purposes of this section, a military advance medical di-
rective is any written declaration regarding future medical
treatment that—
‘‘(1) is executed by a person eligible for legal as-
sistance under section 1044(a) of this title or regula-
tions of the Secretary concerned; and
‘‘(2) is intended—
210
‘‘(A) to provide, withdraw, or withhold life-
prolonging procedures, including hydration and
sustenance, in the event of a terminal condition
or persistent vegetative state of the declarant; or
‘‘(B) to appoint another person to make
health care decisions for the declarant under cir-
cumstances stated in the declaration if the de-
clarant is determined to be incapable of making
informed health care decisions.
‘‘(c) STATEMENT TO BE INCLUDED.—Under regula-
tions prescribed by the Secretary concerned, a written dec-
laration described in subsection (b) shall contain a state-
ment that clearly indicates the purpose of the declaration
to serve as the military advance medical directive of the
declarant. However, the failure of a military advance medi-
cal directive to include such a statement shall not be con-
strued to negate the legal effect of the directive under sub-
section (a).
‘‘(d) STATE DEFINED.—In this section, the term
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, and a possession of the United
States.’’.
211
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1044b the following new item:
‘‘1044c. Military advance medical directives: requirement for recognition by
States.’’.
(b) EFFECTIVE DATE.—Section 1044c of title 10,
United States Code, as added by subsection (a), shall apply
with respect to any military advance medical directive de-
scribed in such section declared before, on, or after the date
of the enactment of this Act.
SEC. 556. TRANSITIONAL COMPENSATION FOR DEPEND-
ENTS OF MEMBERS OF THE ARMED FORCES
SEPARATED FOR DEPENDENT ABUSE.
(a) MANDATORY PROGRAM.—Subsection (a) of section
1059 of title 10, United States Code, is amended by striking
out ‘‘may each establish a program’’ and inserting in lieu
thereof ‘‘shall each establish a program’’.
(b) PAYMENT TO DEPENDENTS OF MEMBERS NOT DIS-
CHARGED.—Subsection (d) of such section is amended by
striking out ‘‘of a separation from active duty as’’ in the
first sentence.
SEC. 557. ARMY RANGER TRAINING.
(a) IN GENERAL.—(1) Chapter 401 of title 10, United
States Code, is amended by inserting after section 4302 the
following new section:
212
‘‘§ 4303. Army Ranger Training: instructor staffing;
safety
‘‘(a) LEVELS OF PERSONNEL ASSIGNED TO BE NOT
LESS THAN NUMBER REQUIRED.—(1) The Secretary of the
Army shall ensure that at all times the number of officers,
and the number of enlisted members, permanently assigned
to the Army Ranger Training Brigade (or other organiza-
tional element of the Army primarily responsible for ranger
student training) are not less than the required manning
spaces for that brigade.
‘‘(2) If at any time the number of officers, or the num-
ber of enlisted members, permanently assigned to the Rang-
er Training Brigade is less than the required manning
spaces for officers, or for enlisted members, as the case may
be, for the Brigade, the Secretary of the Army shall submit
to Congress a notice of such shortage, together with a state-
ment of the reasons for the shortage and of the expected date
when the number assigned will be not less than the required
manning spaces, in accordance with paragraph (1).
‘‘(b) REQUIRED MANNING SPACES.—(1) The Secretary
of the Army may not (except as provided in paragraph (3))
reduce the required manning spaces for the Ranger Train-
ing Brigade below the baseline required manning spaces.
‘‘(2) In this section:
‘‘(A) The term ‘required manning spaces’ means
the number of personnel spaces for officers, and the
213
number of personnel spaces for enlisted members, that
are designated in Army authorization documents as
the number required to accomplish the missions of a
particular unit or organization.
‘‘(B) The term ‘baseline required manning
spaces’ means the required manning spaces for the
Army Ranger Training Brigade as of February 10,
1995, of 94 officers and 658 enlisted members.
‘‘(3) The Secretary may (subject to paragraph (4))
make reductions in required manning spaces for the Army
Ranger Training Brigade from the baseline required man-
ning spaces if—
‘‘(A) reductions in ranger student training loads
result in decreased instructor workload; and
‘‘(B) one or more of the three major phases of the
Ranger Course (conducted at Fort Benning, Georgia,
at the Mountain Ranger Camp, and in Florida) is
eliminated.
‘‘(4) Before making a reduction authorized by para-
graph (3) in required manning spaces, the Secretary of the
Army shall submit to Congress a report on the proposed
reduction. Such a reduction may not be made unless the
report includes a certification by the Secretary that the re-
duction will not reduce the ability of the commander of the
Ranger Training Brigade to conduct training safely. The
214
report shall include a description of the reduction (includ-
ing specification of the number of officers and the number
of enlisted members that will be considered to be required
to carry out the missions of the Army Ranger Training Bri-
gade after the reduction) and shall set forth the rationale
of the Secretary for the reduction.
‘‘(c) TRAINING SAFETY CELLS.—(1) The Secretary of
the Army shall establish and maintain an organizational
entity known as a ‘safety cell’ as part of the organizational
elements of the Army responsible for conducting each of the
three major phases of the Ranger Course. The safety cell
in each different geographic area of Ranger Course training
shall be comprised of personnel who have sufficient continu-
ity and experience in that geographic area of such training
to be knowledgeable of the local conditions year-round, in-
cluding conditions of terrain, weather, water, and climate
and other conditions and the potential effect on those condi-
tions on Ranger student training and safety.
‘‘(2) Members of each safety cell shall be assigned in
sufficient numbers to serve as advisers to the officers in
charge of the major phase of Ranger training and shall as-
sist those officers in making informed daily ‘go’ and ‘no-
go’ decisions regarding training in light of all relevant con-
ditions, including conditions of terrain, weather, water,
and climate and other conditions.’’.
215
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
4302 the following new item:
‘‘4303. Army Ranger Training: instructor staffing; safety.’’.
(b) ACCOMPLISHMENT OF REQUIRED MANNING LEV-
ELS.—(1) If, as of the date of the enactment of this Act,
the number of officers, or the number of enlisted members,
permanently assigned to the Ranger Training Brigade is
not 100 percent (or more) of the requirement specified in
subsection (b) of section 4303 of title 10, United States
Code, as added by subsection (a), the Secretary of the
Army—
(A) shall take such steps as necessary to accom-
plish that requirement within 12 months after such
date of enactment; and
(B) not later than 90 days after such date of en-
actment, shall submit to Congress a plan to achieve
and maintain that requirement.
(2) If the Secretary does not accomplish the require-
ment referred to in paragraph (1) with respect to both offi-
cers and enlisted members within 12 months after the date
of the enactment of this Act (as required by paragraph
(1)(A)), the Secretary shall halt all training activities of
the Ranger Training Brigade until the requirement is met.
216
SEC. 558. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.
(a) REPEAL OF CIVIL-MILITARY COOPERATIVE ACTION
PROGRAM.—(1) Section 410 of title 10, United States Code,
and section 1081(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.
410 note) are repealed.
(2) The table of sections at the beginning of chapter
20 of title 10, United States Code, is amended by striking
out the item relating to section 410.
(b) REPEAL OF RELATED PROVISIONS.—The following
sections of the National Defense Authorization Act for Fis-
cal Year 1993 (Public Law 102–484) are repealed.
(1) Section 1045 (10 U.S.C. 410 note), relating
to a pilot outreach program to reduce demand for ille-
gal drugs.
(2) Section 1091 (32 U.S.C. 501 note), relating
to the National Guard Civilian Youth Opportunities
Program.
(c) TERMINATION OF SUPPORT OF CIVILIAN COMMU-
NITY CORPS.—(1) The Secretary of Defense may not pro-
vide support to, or participate in, the Civilian Community
Corps Demonstration Program established under subtitle E
of title I of the National and Community Service Act of
1990 (42 U.S.C. 12611–12626) or the Civilian Community
Corps required as part of that demonstration program.
217
(2) Section 1093 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 42 U.S.C.
12612 note), relating to coordination between the National
Guard Civilian Youth Opportunities Pilot Program and the
Civilian Community Corps Demonstration Program, is re-
pealed.
SEC. 559. ELIGIBILITY FOR ARMED FORCES EXPEDITION-
ARY MEDAL BASED UPON SERVICE IN EL SAL-
VADOR.
(a) IN GENERAL.—For the purpose of determining eli-
gibility of members and former members of the Armed
Forces for the Armed Forces Expeditionary Medal, the
country of El Salvador during the period beginning on
January 1, 1981 and ending on February 1, 1992, shall
be treated as having been designated as an area and a pe-
riod of time in which members of the Armed Forces partici-
pated in operations in significant numbers and otherwise
met 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 served in El Salvador during the period beginning on
January 1, 1981 and ending on February 1, 1992 meet the
individual service requirements for award of the Armed
Forces Expeditionary Medal as established in applicable
218
regulations. Such determinations shall be made as expedi-
tiously as possible after the date of the enactment of this
Act.
SEC. 560. REVISION AND CODIFICATION OF MILITARY FAM-
ILY ACT AND MILITARY CHILD CARE ACT.
(a) IN GENERAL.—(1) Subtitle A of title 10, United
States Code, is amended by inserting after chapter 87 the
following new chapter:
‘‘CHAPTER 88—MILITARY FAMILY
PROGRAMS AND MILITARY CHILD CARE
‘‘Subchapter
Sec.
‘‘I.
Military Family Programs .............................................................
1781
‘‘II.
Military Child Care .........................................................................
1791
‘‘SUBCHAPTER I—MILITARY FAMILY PROGRAMS
‘‘Sec.
‘‘1781. Office of Family Policy.
‘‘1782. Surveys of military families.
‘‘1783. Family members serving on advisory committees.
‘‘1784. Employment opportunities for military spouses.
‘‘1785. Youth sponsorship program.
‘‘1786. Dependent student travel within the United States.
‘‘1787. Reporting of child abuse.
‘‘§ 1781. Office of Family Policy
‘‘(a) ESTABLISHMENT.—There is in the Office of the
Secretary of Defense an Office of Family Policy (hereinafter
in this section referred to as the ‘Office’). The Office shall
be under the Assistant Secretary of Defense for Force Man-
agement and Personnel.
‘‘(b) DUTIES.—The Office—
219
‘‘(1) shall coordinate programs and activities of
the military departments to the extent that they relate
to military families; and
‘‘(2) shall make recommendations to the Sec-
retaries of the military departments with respect to
programs and policies regarding military families.
‘‘(c) STAFF.—The Office shall have not less than five
professional staff members.
‘‘§ 1782. Surveys of military families
‘‘(a) AUTHORITY.—The Secretary of Defense may con-
duct surveys of members of the armed forces on active duty
or in an active status, members of the families of such mem-
bers, and retired members of the armed forces to determine
the effectiveness of Federal programs relating to military
families and the need for new programs.
‘‘(b) RESPONSES TO BE VOLUNTARY.—Responses to
surveys conducted under this section shall be voluntary.
‘‘(c) FEDERAL RECORDKEEPING REQUIREMENTS.—
With respect to such surveys, family members of members
of the armed forces and reserve and retired members of the
armed forces shall be considered to be employees of the Unit-
ed States for purposes of section 3502(4)(A) of title 44.
220
‘‘§ 1783. Family members serving on advisory commit-
tees
‘‘A committee within the Department of Defense which
advises or assists the Department in the performance of any
function which affects members of military families and
which includes members of military families in its member-
ship shall not be considered an advisory committee under
section 3(2) of the Federal Advisory Committee Act (5
U.S.C. App.) solely because of such membership.
‘‘§ 1784. 
Employment 
opportunities 
for 
military
spouses
‘‘(a) AUTHORITY.—The President shall order such
measures as the President considers necessary to increase
employment opportunities for spouses of members of the
armed forces. Such measures may include—
‘‘(1) excepting, pursuant to section 3302 of title
5, from the competitive service positions in the De-
partment of Defense located outside of the United
States to provide employment opportunities for quali-
fied spouses of members of the armed forces in the
same geographical area as the permanent duty sta-
tion of the members; and
‘‘(2) providing preference in hiring for positions
in nonappropriated fund activities to qualified
spouses of members of the armed forces stationed in
the same geographical area as the nonappropriated
222
same geographic area as the permanent duty station
of the member.
‘‘(c) STATUS OF PREFERENCE ELIGIBLES.—Nothing
in this section shall be construed to provide a spouse of a
member of the armed forces with preference in hiring over
an individual who is a preference eligible.
‘‘§ 1785. Youth sponsorship program
‘‘(a) REQUIREMENT.—The Secretary of Defense shall
require that there be at each military installation a youth
sponsorship program to facilitate the integration of depend-
ent children of members of the armed forces into new sur-
roundings when moving to that military installation as a
result of a parent’s permanent change of station.
‘‘(b) DESCRIPTION OF PROGRAMS.—The program at
each installation shall provide for involvement of dependent
children of members presently stationed at the military in-
stallation and shall be directed primarily toward children
in their preteen and teenage years.
‘‘§ 1786. Dependent student travel within the United
States
‘‘Funds available to the Department of Defense for the
travel and transportation of dependent students of members
of the armed forces stationed overseas may be obligated for
transportation allowances for travel within or between the
contiguous States.
223
‘‘§ 1787. Reporting of child abuse
‘‘(a) IN GENERAL.—The Secretary of Defense shall re-
quest each State to provide for the reporting to the Sec-
retary of any report the State receives of known or suspected
instances of child abuse and neglect in which the person
having care of the child is a member of the armed forces
(or the spouse of the member).
‘‘(b) DEFINITION.—In this section, the term ‘child
abuse and neglect’ has the meaning provided in section 3(1)
of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5102).
‘‘SUBCHAPTER II—MILITARY CHILD CARE
‘‘Sec.
‘‘1791. Funding for military child care.
‘‘1792. Child care employees.
‘‘1793. Parent fees.
‘‘1794. Child abuse prevention and safety at facilities.
‘‘1795. Parent partnerships with child development centers.
‘‘1796. Subsidies for family home day care.
‘‘1797. Early childhood education program.
‘‘1798. Definitions.
‘‘§ 1791. Funding for military child care
‘‘It is the policy of Congress that the amount of appro-
priated funds available during a fiscal year for operating
expenses for military child development centers and pro-
grams shall be not less than the amount of child care fee
receipts that are estimated to be received by the Department
of Defense during that fiscal year.
224
‘‘§ 1792. Child care employees
‘‘(a) REQUIRED TRAINING.—(1) The Secretary of De-
fense shall prescribe regulations implementing, a training
program for child care employees. Those regulations shall
apply uniformly among the military departments. Subject
to paragraph (2), satisfactory completion of the training
program shall be a condition of employment of any person
as a child care employee.
‘‘(2) Under those regulations, the Secretary shall re-
quire that each child care employee complete the training
program not later than six months after the date on which
the employee is employed as a child care employee.
‘‘(3) The training program established under this sub-
section shall cover, at a minimum, training in the follow-
ing:
‘‘(A) Early childhood development.
‘‘(B) Activities and disciplinary techniques ap-
propriate to children of different ages.
‘‘(C) Child abuse prevention and detection.
‘‘(D) Cardiopulmonary resuscitation and other
emergency medical procedures.
‘‘(b) TRAINING AND CURRICULUM SPECIALISTS.—(1)
The Secretary of Defense shall require that at least one em-
ployee at each military child development center be a spe-
cialist in training and curriculum development. The Sec-
225
retary shall ensure that such employees have appropriate
credentials and experience.
‘‘(2) The duties of such employees shall include the fol-
lowing:
‘‘(A) Special teaching activities at the center.
‘‘(B) Daily oversight and instruction of other
child care employees at the center.
‘‘(C) Daily assistance in the preparation of les-
son plans.
‘‘(D) Assistance in the center’s child abuse pre-
vention and detection program.
‘‘(E) Advising the director of the center on the
performance of other child care employees.
‘‘(3) Each employee referred to in paragraph (1) shall
be an employee in a competitive service position.
‘‘(c) COMPETITIVE RATES OF PAY.—For the purpose
of providing military child development centers with a
qualified and stable civilian workforce, employees at a mili-
tary installation who are directly involved in providing
child care and are paid from nonappropriated funds—
‘‘(1) in the case of entry-level employees, shall be
paid at rates of pay competitive with the rates of pay
paid to other entry-level employees at that installa-
tion who are drawn from the same labor pool; and
226
‘‘(2) in the case of other employees, shall be paid
at rates of pay substantially equivalent to the rates
of pay paid to other employees at that installation
with similar training, seniority, and experience.
‘‘(d) EMPLOYMENT PREFERENCE PROGRAM FOR MILI-
TARY SPOUSES.—(1) The Secretary of Defense shall conduct
a program under which qualified spouses of members of the
armed forces shall be given a preference in hiring for the
position of child care employee in a position paid from
nonappropriated funds if the spouse is among persons de-
termined to be best qualified for the position.
‘‘(2) A spouse who is provided a preference under this
subsection at a military child development center may not
be precluded from obtaining another preference, in accord-
ance with section 1794 of this title, in the same geographic
area as the military child development center.
‘‘(e) COMPETITIVE SERVICE POSITION DEFINED.—In
this section, the term ‘competitive service position’ means
a position in the competitive service, as defined in section
2102(a)(1) of title 5.
‘‘§ 1793. Parent fees
‘‘(a) IN GENERAL.—The Secretary of Defense shall
prescribe regulations establishing fees to be charged parents
for the attendance of children at military child development
centers. Those regulations shall be uniform for the military
227
departments and shall require that, in the case of children
who attend the centers on a regular basis, the fees shall be
based on family income.
‘‘(b) LOCAL WAIVER AUTHORITY.—The Secretary of
Defense may provide authority to installation commanders,
on a case-by-case basis, to establish fees for attendance of
children at child development centers at rates lower than
those prescribed under subsection (a) if the rates prescribed
under subsection (a) are not competitive with rates at local
non-military child development centers.
‘‘§ 1794. Child abuse prevention and safety at facili-
ties
‘‘(a) CHILD ABUSE TASK FORCE.—The Secretary of
Defense shall maintain a special task force to respond to
allegations of widespread child abuse at a military installa-
tion. The task force shall be composed of personnel from ap-
propriate disciplines, including, where appropriate, medi-
cine, psychology, and childhood development. In the case of
such allegations, the task force shall provide assistance to
the commander of the installation, and to parents at the
installation, in helping them to deal with such allegations.
‘‘(b) NATIONAL HOTLINE.—(1) The Secretary of De-
fense shall maintain a national telephone number for per-
sons to use to report suspected child abuse or safety viola-
tions at a military child development center or family home
228
day care site. The Secretary shall ensure that such reports
may be made anonymously if so desired by the person mak-
ing the report. The Secretary shall establish procedures for
following up on complaints and information received over
that number.
‘‘(2) The Secretary shall publicize the existence of the
number.
‘‘(c) ASSISTANCE FROM LOCAL AUTHORITIES.—The
Secretary of Defense shall prescribe regulations requiring
that, in a case of allegations of child abuse at a military
child development center or family home day care site, the
commander of the military installation or the head of the
task force established under subsection (a) shall seek the as-
sistance of local child protective authorities if such assist-
ance is available.
‘‘(d) SAFETY REGULATIONS.—The Secretary of De-
fense shall prescribe regulations on safety and operating
procedures at military child development centers. Those reg-
ulations shall apply uniformly among the military depart-
ments.
‘‘(e) INSPECTIONS.—The Secretary of Defense shall re-
quire that each military child development center be in-
spected not less often than four times a year. Each such
inspection shall be unannounced. At least one inspection a
year shall be carried out by a representative of the installa-
229
tion served by the center, and one inspection a year shall
be carried out by a representative of the major command
under which that installation operates.
‘‘(f) REMEDIES FOR VIOLATIONS.—(1) Except as pro-
vided in paragraph (2), any violation of a safety, health,
or child welfare law or regulation (discovered at an inspec-
tion or otherwise) at a military child development center
shall be remedied immediately.
‘‘(2) In the case of a violation that is not life threaten-
ing, the commander of the major command under which
the installation concerned operates may waive the require-
ment that the violation be remedied immediately for a pe-
riod of up to 90 days beginning on the date of the discovery
of the violation. If the violation is not remedied as of the
end of that 90-day period, the military child development
center shall be closed until the violation is remedied. The
Secretary of the military department concerned may waive
the preceding sentence and authorize the center to remain
open in a case in which the violation cannot reasonably
be remedied within that 90-day period or in which major
facility reconstruction is required.
‘‘(3) If a military child development center is closed
under paragraph (2), the Secretary of the military depart-
ment concerned shall promptly submit to the Committee on
Armed Services of the Senate and the Committee on Na-
230
tional Security of the House of Representatives a report no-
tifying those committees of the closing. The report shall in-
clude—
‘‘(A) notice of the violation that resulted in the
closing and the cost of remedying the violation; and
‘‘(B) a statement of the reasons why the violation
has not been remedied as of the time of the report.
‘‘§ 1795. Parent partnerships with child development
centers
‘‘(a) PARENT BOARDS.—The Secretary of Defense shall
require that there be established at each military child de-
velopment center a board of parents, to be composed of par-
ents of children attending the center. The board shall meet
periodically with staff of the center and the commander of
the installation served by the center for the purpose of dis-
cussing problems and concerns. The board, together with the
staff of the center, shall be responsible for coordinating the
parent participation program described in subsection (b).
‘‘(b) PARENT PARTICIPATION PROGRAMS.—The Sec-
retary of Defense shall require the establishment of a parent
participation program at each military child development
center. As part of such program, the Secretary of Defense
may establish fees for attendance of children at such a cen-
ter, in the case of parents who participate in the parent
231
participation program at that center, at rates lower than
the rates that otherwise apply.
‘‘§ 1796. Subsidies for family home day care
‘‘The Secretary of Defense may use appropriated funds
available for military child care purposes to provide assist-
ance to family home day care providers so that family home
day care services can be provided to members of the armed
forces at a cost comparable to the cost of services provided
by military child development centers. The Secretary shall
prescribe regulations for the provision of such assistance.
‘‘§ 1797. Early childhood education program
‘‘The Secretary of Defense shall require that all mili-
tary child development centers meet standards of operation
necessary for accreditation by an appropriate national
early childhood programs accrediting body.
‘‘§ 1798. Definitions
‘‘In this subchapter:
‘‘(1) The term ‘military child development cen-
ter’ means a facility on a military installation (or on
property under the jurisdiction of the commander of
a military installation) at which child care services
are provided for members of the armed forces or any
other facility at which such child care services are
provided that is operated by the Secretary of a mili-
tary department.
232
‘‘(2) The term ‘family home day care’ means
home-based child care services that are provided for
members of the armed forces by an individual who
(A) is certified by the Secretary of the military de-
partment concerned as qualified to provide those serv-
ices, and (B) provides those services on a regular
basis for compensation.
‘‘(3) The term ‘child care employee’ means a ci-
vilian employee of the Department of Defense who is
employed to work in a military child development
center (regardless of whether the employee is paid
from appropriated funds or nonappropriated funds).
‘‘(4) The term ‘child care fee receipts’ means
those nonappropriated funds that are derived from
fees paid by members of the armed forces for child
care services provided at military child development
centers.’’.
(2) The tables of chapters at the beginning of subtitle
A, and at the beginning of part II of subtitle A, of title
10, United States Code, are amended by inserting after the
item relating to chapter 87 the following new item:
‘‘88. Military Family Programs and Military Child Care ... 1781’’.
(b) REPORT
ON FIVE-YEAR DEMAND
FOR CHILD
CARE.—(1) Not later than the date of the submission of the
budget for fiscal year 1997 pursuant to section 1105 of title
31, United States Code, the Secretary of Defense shall sub-
233
mit to Congress a report on the expected demand for child
care by military and civilian personnel of the Department
of Defense during fiscal years 1997 through 2001.
(2) The report shall include—
(A) a plan for meeting the expected child care
demand identified in the report; and
(B) an estimate of the cost of implementing that
plan.
(3) The report shall also include a description of meth-
ods for monitoring family home day care programs of the
military departments.
(c) PLAN FOR IMPLEMENTATION OF ACCREDITATION
REQUIREMENT.—The Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Represent-
atives a plan for carrying out the requirements of section
1787 of title 10, United States Code, as added by subsection
(a). The plan shall be submitted not later than April 1,
1997.
(d) CONTINUATION OF DELEGATION OF AUTHORITY
WITH RESPECT TO HIRING PREFERENCE FOR QUALIFIED
MILITARY SPOUSES.—The provisions of Executive Order
No. 12568, issued October 2, 1986 (10 U.S.C. 113 note),
shall apply as if the reference in that Executive order to
section 806(a)(2) of the Department of Defense Authoriza-
234
tion Act of 1986 refers to section 1784 of title 10, United
States Code, as added by subsection (a).
(e) CONFORMING AMENDMENT.—Effective October 1,
1995, section 1782(c) of title 10, United States Code, as
added by subsection (a), is amended by striking out ‘‘section
3502(4)(A) of title 44’’ and inserting in lieu thereof ‘‘section
3502(3)(A)(i) of title 44’’.
(f) REPEALER.—The following provisions of law are
repealed:
(1) The Military Family Act of 1985 (title VIII
of Public Law 99–145; 10 U.S.C. 113 note).
(2) The Military Child Care Act of 1989 (title
XV of Public Law 101–189; 10 U.S.C. 113 note).
SEC. 561. DISCHARGE OF MEMBERS OF THE ARMED FORCES
WHO HAVE THE HIV–1 VIRUS.
(a) IN GENERAL.—(1) Section 1177 of title 10, United
States Code, is amended to read as follows:
‘‘§ 1177. Members infected with HIV–1 virus: manda-
tory discharge or retirement
‘‘(a) MANDATORY SEPARATION.—A member of the
armed forces who is HIV-positive shall be separated. Such
separation shall be made on a date determined by the Sec-
retary concerned, which shall be as soon as practicable after
the date on which the determination is made that the mem-
235
ber is HIV-positive and not later than the last day of the
sixth month beginning after such date.
‘‘(b) FORM OF SEPARATION.—If a member to be sepa-
rated under this section is eligible to retire under any provi-
sion of law or to be transferred to the Fleet Reserve or Fleet
Marine Corps Reserve, the member shall be so retired or
so transferred. Otherwise, the member shall be discharged.
The characterization of the service of the member shall be
determined without regard to the determination that the
member is HIV-positive.
‘‘(c) DEFERRAL OF SEPARATION FOR MEMBERS IN 18-
YEAR RETIREMENT SANCTUARY.—In the case of a member
to be discharged under this section who on the date on which
the member is to be discharged is within two years of quali-
fying for retirement under any provision of law, or of quali-
fying for transfer to the Fleet Reserve or Fleet Marine Corps
Reserve under section 6330 of this title, the member may,
as determined by the Secretary concerned, be retained on
active duty until the member is qualified for retirement or
transfer to the Fleet Reserve or Fleet Marine Corps Reserve,
as the case may be, and then be so retired or transferred,
unless the member is sooner retired or discharged under any
other provision of law.
‘‘(d) SEPARATION TO BE CONSIDERED INVOLUN-
TARY.—A separation under this section shall be considered
236
to be an involuntary separation for purposes of any other
provision of law.
‘‘(e) 
COUNSELING
ABOUT
AVAILABLE
MEDICAL
CARE.—A member to be separated under this section shall
be provided information, in writing, before such separation
of the available medical care (through the Department of
Veterans Affairs and otherwise) to treat the member’s condi-
tion. Such information shall include identification of spe-
cific medical locations near the member’s home of record
or point of discharge at which the member may seek nec-
essary medical care.
‘‘(f) HIV-POSITIVE MEMBERS.—A member shall be
considered to be HIV-positive for purposes of this section
if there is serologic evidence that the member is infected
with the virus known as Human Immunodeficiency Virus–
1 (HIV–1), the virus most commonly associated with the
acquired immune deficiency syndrome (AIDS) in the Unit-
ed States. Such serologic evidence shall be considered to
exist if there is a reactive result given by an enzyme-linked
immunosorbent assay (ELISA) serologic test that is con-
firmed by a reactive and diagnostic immunoelectrophoresis
test (Western blot) on two separate samples. Any such sero-
logic test must be one that is approved by the Food and
Drug Administration.’’.
237
(2) The item relating to such section in the table of
sections at the beginning of chapter 59 of such title is
amended to read as follows:
‘‘1177. Members infected with HIV–1 virus: mandatory discharge or retirement.’’.
(b) EFFECTIVE DATE.—Section 1177 of title 10, Unit-
ed States Code, as amended by subsection (a), applies with
respect to members of the Armed Forces determined to be
HIV-positive before, on, or after the date of the enactment
of this Act. In the case of a member of the Armed Forces
determined to be HIV-positive before such date, the deadline
for separation of the member under subsection (a) of such
section, as so amended, shall be determined from the date
of the enactment of this Act (rather than from the date of
such determination).
SEC. 562. AUTHORITY TO APPOINT BRIGADIER GENERAL
CHARLES E. YEAGER, UNITED STATES AIR
FORCES (RETIRED) TO THE GRADE OF MAJOR
GENERAL ON THE RETIRED LIST.
The President is authorized to appoint, by and with
the advice and consent of the Senate, Brigadier General
Charles E. Yeager, United States Air Force (retired), to the
grade of major general on the retired list of the Air Force.
Any such appointment shall not affect the retired pay or
other benefits of Charles E. Yeager or any benefits to which
any other person is or may become entitled based upon his
service.
238
SEC. 563. DETERMINATION OF WHEREABOUTS AND STATUS
OF MISSING PERSONS.
(a) PURPOSE.—The purpose of this section is to ensure
that any member of the Armed Forces and any civilian em-
ployee of the Department of Defense or contractor of the
Department of Defense who serves with or accompanies the
Armed Forces in the field under orders is accounted for by
the United States (by the return of such person alive, by
the return of the remains of such person, or by the decision
that credible evidence exists to support another determina-
tion of the status of such person) and, as a general rule,
is not declared dead solely because of the passage of time.
(b) IN GENERAL.—(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter
75 the following new chapter:
‘‘CHAPTER 76—MISSING PERSONS
‘‘Sec.
‘‘1501. System for accounting for missing persons.
‘‘1502. Missing persons: initial report.
‘‘1503. Initial inquiry.
‘‘1504. Subsequent inquiry.
‘‘1505. Further review.
‘‘1506. Personnel files.
‘‘1507. Recommendation of status of death.
‘‘1508. Persons previously declared dead.
‘‘1509. Return alive of person declared missing or dead.
‘‘1510. Effect on State law.
‘‘1511. Definitions.
‘‘§ 1501. System for accounting for missing persons
‘‘(a) OFFICE FOR MISSING PERSONS.—The Secretary
of Defense shall establish within the Office of the Secretary
of Defense an office to be responsible for the policy, control,
239
and oversight of the entire process for investigation and re-
covery related to persons covered by subsection (c). In carry-
ing out the responsibilities of that office, the head of the
office shall coordinate the efforts of the office with those of
other departments and agencies of the Government and
other elements of the Department of Defense for such pur-
poses and shall be responsible for the coordination for such
purposes within the Department of Defense among the mili-
tary departments, the Joint Staff, and the commanders of
the combatant commands.
‘‘(b) UNIFORM DOD PROCEDURES.—(1) The Sec-
retary of Defense shall prescribe procedures, to apply uni-
formly through the Department of Defense, for—
‘‘(A) the determination of the status of persons
described in subsection (c); and
‘‘(B) for the systematic, comprehensive, and
timely collection, analysis, review, dissemination, and
periodic update of information related to such per-
sons.
‘‘(2) Such procedures shall be prescribed in a single
directive applicable to all elements of the Department of De-
fense.
‘‘(c) COVERED PERSONS.—This chapter applies to the
following persons:
240
‘‘(1) Any member of the Army, Navy, Air Force,
or Marine Corps on active duty who, during a period
of war or national emergency or any other period of
hostilities specified by the Secretary of Defense for the
purposes of this section, disappears in the theater of
such hostilities (except under circumstances suggesting
that the disappearance is voluntary).
‘‘(2) Any civilian employee of the Department of
Defense (including an employee of a contractor of the
Department of Defense) who, during a period de-
scribed in paragraph (1), disappears in the theater of
such hostilities (except under circumstances suggesting
that the disappearance is voluntary) while serving
with or accompanying the Army, Navy, Air Force, or
Marine Corps in the field during such period.
‘‘(d) PRIMARY NEXT OF KIN.—The individual who is
primary next of kin of any person described in subsection
(c) may for purposes of this chapter designate another indi-
vidual to act on behalf of that individual as primary next
of kin. The Secretary of Defense shall treat an individual
so designated as if the individual designated were the pri-
mary next of kin for purposes of this chapter. A designation
under this subsection may be revoked at any time by the
person who made the designation.
241
‘‘§ 1502. Missing persons: initial report
‘‘(a) PRELIMINARY ASSESSMENT AND RECOMMENDA-
TION BY COMMANDER.—After receiving information that
the whereabouts or status of a person covered by this chapter
is uncertain and that the absence of the person may be in-
voluntary, the commander of the unit, facility, or area to
or in which the person is assigned shall make a preliminary
assessment of the circumstances. If, as a result of that as-
sessment, the commander concludes that the person is miss-
ing, the commander shall—
‘‘(1) recommend that the person be placed in a
missing status; and
‘‘(2) submit that recommendation to the com-
mander of the unified command for that area in ac-
cordance with procedures prescribed under section
1501(b) of this title.
‘‘(b) FORWARDING
OF RECORDS.—The commander
making the initial assessment shall (in accordance with
procedures prescribed under section 1501(b) of this title)
safeguard and forward for official use any information re-
lating to the whereabouts or status of the person that result
from the preliminary assessment or from actions taken to
locate the person.
‘‘§ 1503. Initial inquiry
‘‘(a) APPOINTMENT OF BOARD.—Not later than ten
days after receiving notification under section 1502(a)(2)
242
of this title that a person has been recommended for place-
ment in a missing status, the commander of the unified
command having responsibility for the area in which the
disappearance occurred shall appoint a board to conduct
an inquiry into the whereabouts and status of the person.
‘‘(b) INQUIRIES INVOLVING MORE THAN ONE MISSING
PERSON.—If it appears to the commander who appoints
a board under this section that the absence or missing status
of two or more persons is factually related, the commander
may appoint a single board under this section to conduct
the inquiry into the whereabouts or status of all such per-
sons.
‘‘(c) COMPOSITION.—(1) A board appointed under this
section shall consist of at least one individual described in
paragraph (2) who has experience with and understanding
of military operations or activities similar to the operation
or activity in which the person disappeared.
‘‘(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 United States or
of a contractor of the Department of Defense.
243
‘‘(3) An individual may be appointed as a member
of a board under this section only if the individual has a
security clearance that affords the member access to all in-
formation relating to the whereabouts and status of the
missing persons covered by the inquiry.
‘‘(d) DUTIES OF BOARD.—A board appointed to con-
duct an inquiry into the whereabouts or status of a missing
person under this section shall—
‘‘(1) collect, develop, and investigate all facts and
evidence relating to the disappearance, whereabouts,
or status of that person;
‘‘(2) collect appropriate documentation of the
facts and evidence covered by the investigation;
‘‘(3) analyze the facts and evidence, make find-
ings based on that analysis, and draw conclusions as
to the current whereabouts and status of the person;
and
‘‘(4) with respect to each person covered by the
inquiry, recommend to the commander who appointed
the board that—
‘‘(A) the person be placed in a missing sta-
tus; or
‘‘(B) the person be declared to have deserted,
to be absent without leave, or to be dead.
244
‘‘(e) INQUIRY PROCEEDINGS.—During the proceedings
of an inquiry under this section, a board shall—
‘‘(1) collect, record, and safeguard all facts, docu-
ments, statements, photographs, tapes, messages,
maps, sketches, reports, and other information (wheth-
er classified or unclassified) relating to the where-
abouts or status of each person covered by the in-
quiry;
‘‘(2) gather information relating to actions taken
to find the person, including any evidence of the
whereabouts or status of the person arising from such
actions; and
‘‘(3) maintain a record of its proceedings.
‘‘(f) COUNSEL FOR MISSING PERSON.—(1) The com-
mander appointing a board to conduct an inquiry under
this section shall appoint counsel to represent each person
covered by the inquiry, or, in the case described by 1503(c)
of this title, one counsel to represent all persons covered by
the inquiry. Counsel appointed under this paragraph may
be referred to as ‘missing person’s counsel’.
‘‘(2) To be appointed as a missing person’s counsel,
a person must—
‘‘(A) have the qualifications specified in section
827(b) of this title (article 27(b) of the Uniform Code
245
of Military Justice) for trial counsel or defense coun-
sel detailed for a general court-martial; and
‘‘(B) have a security clearance that affords the
counsel access to all information relating to the
whereabouts or status of the person or persons covered
by the inquiry.
‘‘(3) A missing person’s counsel—
‘‘(A) shall have access to all facts and evidence
considered by the board during the proceedings under
the inquiry for which the counsel is appointed;
‘‘(B) shall observe all official activities of the
board during such proceedings;
‘‘(C) may question witnesses before the board;
and
‘‘(D) shall monitor the deliberations of the board;
and
‘‘(4) A missing person’s counsel shall review the report
of the board under subsection (i) and submit to the com-
mander who appointed the board an independent review of
that report. That review shall be made an official part of
the record of the board.
‘‘(g) ACCESS TO PROCEEDINGS.—The proceedings of a
board during an inquiry under this section shall be closed
to the public (including, with respect to any missing person
covered by the inquiry, the primary next of kin, other mem-
246
bers of the immediate family, and any other previously des-
ignated person designated under section 655 of this title).
‘‘(h) RECOMMENDATION ON STATUS OF MISSING PER-
SONS.—(1) Upon completion of its inquiry, a board ap-
pointed under this section shall make a recommendation to
the commander who appointed the board as to the appro-
priate determination of the current whereabouts or status
of each person whose whereabouts were covered by the in-
quiry.
‘‘(2)(A) A board may not recommend under paragraph
(1) that a person be declared dead unless the board deter-
mines that the evidence before it established conclusive proof
of the death of the person.
‘‘(B) In this paragraph, the term ‘conclusive proof of
death’ means evidence establishing that death is the only
credible explanation for the absence of the person.
‘‘(i) REPORT.—(1) A board appointed under this sec-
tion shall submit to the commander who appointed it a re-
port on the inquiry carried out by the board. The report
shall include—
‘‘(A) a discussion of the facts and evidence con-
sidered by the board in the inquiry;
‘‘(B) the recommendation of the board under sub-
section (h) with respect to each person covered by the
report; and
247
‘‘(C) disclosure of whether classified documents
and information were reviewed by the board or were
otherwise used by the board in forming recommenda-
tions under subparagraph (B).
‘‘(2) A report submitted under this subsection may not
be made public until one year after the date on which the
report is submitted.
‘‘(j) ACTIONS BY REGIONAL COMMANDER.—(1) Not
later than 15 days after the date of the receipt of a report
under subsection (i), the commander who appointed the
board shall review—
‘‘(A) the report; and
‘‘(B) the review of that report submitted under
subsection (f)(4) by the missing person’s counsel.
‘‘(2) In reviewing a report under paragraph (1), the
commander receiving the report shall determine whether or
not the report is complete and free of administrative error.
If the commander determines that the report is incomplete,
or that the report is not free of administrative error, the
commander may return the report to the board for further
action on the report by the board.
‘‘(3) Upon a determination by the commander con-
cerned that a report reviewed under this subsection is com-
plete and free of administrative error, the commander shall
248
make a recommendation concerning the status of each per-
son covered by the report.
‘‘(4) The report, together with the recommendations
under paragraph (3), shall be forwarded to the Secretary
of Defense in accordance with procedures prescribed under
section 1501(b) of this title.
‘‘(k) DETERMINATION BY SECRETARY.—The Secretary
of Defense (or the Secretary of the military department con-
cerned acting under delegation of authority from the Sec-
retary of Defense) shall review the recommendations of a
report forwarded under subsection (j)(4). After conducting
such review, the Secretary shall make a determination, with
respect to each person whose status is covered by the report,
whether such person shall (1) continue to have a missing
status, (2) be declared to have deserted, (3) be declared to
be absent without leave, or (4) be declared to be dead. In
making such determination, the Secretary may convene a
board in accordance with section 1504 of this title.
‘‘(l) REPORT TO FAMILY MEMBERS AND OTHER IN-
TERESTED PERSONS.—Not later than 30 days after the date
on which the Secretary makes a determination under sub-
section (k), the Secretary of Defense, acting through the
head of the office established under section 1501(a) of this
title, shall—
249
‘‘(1) provide an unclassified summary of the re-
port of the board (including the name of the missing
person’s counsel for the inquiry, the names of the
members of the board, and the name of the com-
mander who convened the board) to the primary next
of kin, to the other members of the immediate family,
and to any other previously designated person of the
missing person; and
‘‘(2) inform each individual referred to in para-
graph (1) that the United States will conduct a subse-
quent inquiry into the whereabouts or status of the
person not earlier than one year after the date of the
first official notice of the disappearance of the person,
unless information becomes available sooner that
would result in a substantial change in the official
status of the person.
‘‘§ 1504. Subsequent inquiry
‘‘(a) ADDITIONAL BOARD.—If information on the
whereabouts or status of a person covered by an inquiry
under section 1503 of this title becomes available within
one year after the date of the submission of the report sub-
mitted under section 1502 of this title, the Secretary of De-
fense, acting through the head of the office established under
section 1501(a) of this title, shall appoint a board under
this section to conduct an inquiry into the information.
250
‘‘(b) AUTHORITY FOR INQUIRY.—The Secretary of De-
fense may delegate authority over such subsequent inquiry
to the Secretary concerned.
‘‘(c) SECRETARY CONCERNED.—In this section, 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 agency employing the employee or
contracting with the contractor, as the case may be.
‘‘(d) DATE OF APPOINTMENT.—The Secretary shall
appoint a board under this section to conduct an inquiry
into the whereabouts and status of a missing person on or
about one year after the date of the report concerning that
person submitted under section 1502 of this title.
‘‘(e) COMBINED INQUIRIES.—If it appears to the Sec-
retary that the absence or status of two or more persons
is factually related, the Secretary may appoint one board
under this section to conduct the inquiry into the where-
abouts or status of all such persons.
‘‘(f) COMPOSITION.—(1) Subject to paragraphs (2) and
(3), a board appointed under this section shall consist of
the following:
‘‘(A) In the case of a board appointed to inquire
into the whereabouts or status of a member of the
251
armed forces, not less than three officers having the
grade of major or lieutenant commander or above.
‘‘(B) In the case of a board appointed to inquire
into the whereabouts or status of a civilian employee
of the Department of Defense or contractor of the De-
partment of Defense—
‘‘(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 of Defense considers advisable.
‘‘(2) The Secretary shall designate one member of a
board appointed under this section as president of the
board. The president of the board shall have a security
clearance that affords the president access to all information
relating to the whereabouts and status of each person cov-
ered by the inquiry.
‘‘(3)(A) One member of each board appointed under
this subsection shall be an attorney or judge advocate who
has expertise in the public law relating to missing persons,
the determination of death of such persons, and the rights
of family members and dependents of such persons.
252
‘‘(B) One member of each board appointed under this
subsection shall be an individual who—
‘‘(i) has an occupational specialty similar to
that of one or more of the persons covered by the in-
quiry; and
‘‘(ii) has an understanding of and expertise in
the official activities of one or more such persons at
the time such person or persons disappeared.
‘‘(g) DUTIES OF BOARD.—A board appointed under
this section to conduct an inquiry into the whereabouts or
status of a person shall—
‘‘(1) review the report under subsection (i) of sec-
tion 1503 of this title of the board appointed to con-
duct the inquiry into the status or whereabouts of the
person under section 1503 of this title and the rec-
ommendation under subsection (j)(3) of that section of
the commander who appointed the board under that
subsection as to the status of the person;
‘‘(2) collect and evaluate any document, fact, or
other evidence with respect to the whereabouts or sta-
tus of the person that has become available since the
completion of the inquiry under section 1503 of this
title;
‘‘(3) draw conclusions as to the whereabouts or
status of the person;
253
‘‘(4) determine on the basis of the activities
under paragraphs (1) and (2) whether the status of
the person should be continued or changed; and
‘‘(5) submit to the Secretary of Defense a report
describing the findings and conclusions of the board,
together with a recommendation for a determination
by the Secretary concerning the whereabouts or status
of the person.
‘‘(h) COUNSEL FOR MISSING PERSONS.—(1) When the
Secretary appoints a board to conduct an inquiry under
this section, the Secretary shall appoint counsel to represent
each person covered by the inquiry.
‘‘(2) A person appointed as counsel under this sub-
section shall meet the qualifications and have the duties set
forth in section 1503(f) of this title for a missing person’s
counsel appointed under that section.
‘‘(3) The review of the report of a board on an inquiry
that is submitted by such counsel shall be made an official
part of the record of the board with respect to the inquiry.
‘‘(i) ATTENDANCE OF FAMILY MEMBERS AND CERTAIN
OTHER INTERESTED PERSONS
AT PROCEEDINGS.—(1)
With respect to any person covered by an inquiry under
this section, the primary next of kin, other members of the
immediate family, and any other previously designated per-
sons of the missing person may attend the proceedings of
254
the board during the inquiry in accordance with this sec-
tion.
‘‘(2) The Secretary shall notify each individual re-
ferred to in paragraph (1) of the opportunity to attend the
proceedings of a board. Such notice shall be provided not
less than 60 days before the first meeting of the board.
‘‘(3) An individual who receives a notice under para-
graph (2) shall notify the Secretary of the intent, if any,
of that individual to attend the proceedings of the board
not less than 21 days after the date on which the individual
receives the notice.
‘‘(4) Each individual who notifies the Secretary under
paragraph (3) of the individual’s intent to attend the pro-
ceedings of the board—
‘‘(A) in the case of an individual who is the pri-
mary next of kin or another member of the immediate
family of a missing person whose status is a subject
of the inquiry and whose receipt of the pay or allow-
ances (including allotments) of the missing person
could be reduced or terminated as a result of a revi-
sion in the status of the missing person, may attend
the proceedings of the board with private counsel;
‘‘(B) shall have access to the personnel file of the
missing person, to unclassified reports (if any) of the
board appointed under section 1503 of this title to
432
Act for Fiscal Year 1995 (division B of Public Law
103–337; 108 Stat. 3040), $55,000,000.
(8) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$23,007,000.
(9) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $11,037,000.
(10) For architectural and engineering services
and construction design under section 2807 of title
10, United State Code, $68,837,000.
(11) For energy conservation projects authorized
by section 2404, $50,000,000.
(12) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), $3,897,892,000.
(13) For military family housing functions:
(A) For construction and acquisition and
improvement of military family housing and fa-
cilities, $25,772,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $40,467,000, of
which not more than $24,874,000 may be obli-