H. R. 1530—167
ing person, are identified as those of the missing person
by a practitioner of an appropriate forensic science; or
‘‘(C) credible evidence exists to support another deter-
mination of the person’s status.
‘‘(4) The term ‘primary next of kin’, in the case of a missing
person, means the individual authorized to direct disposition
of the remains of the person under section 1482(c) of this
title.
‘‘(5) The term ‘member of the immediate family’, in the
case of a missing person, means the following:
‘‘(A) The spouse of the person.
‘‘(B) A natural child, adopted child, stepchild, or illegit-
imate child (if acknowledged by the person or parenthood
has been established by a court of competent jurisdiction)
of the person, except that if such child has not attained
the age of 18 years, the term means a surviving parent
or legal guardian of such child.
‘‘(C) A biological parent of the person, unless legal
custody of the person by the parent has been previously
terminated by reason of a court decree or otherwise under
law and not restored.
‘‘(D) A brother or sister of the person, if such brother
or sister has attained the age of 18 years.
‘‘(E) Any other blood relative or adoptive relative of
the person, if such relative was given sole legal custody
of the person by a court decree or otherwise under law
before the person attained the age of 18 years and such
custody was not subsequently terminated before that time.
‘‘(6) The term ‘previously designated person’, in the case
of a missing person, means an individual designated by the
person under section 655 of this title for purposes of this
chapter.
‘‘(7) The term ‘classified information’ means any informa-
tion the unauthorized disclosure of which (as determined under
applicable law and regulations) could reasonably be expected
to damage the national security.
‘‘(8) The term ‘theater component commander’ means, with
respect to any of the combatant commands, an officer of any
of the armed forces who (A) is commander of all forces of
that armed force assigned to that combatant command, and
(B) is directly subordinate to the commander of the combatant
command.’’.
(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
75 the following new item:
‘‘76. Missing Persons .............................................................................................. 1501’’.
(c) CONFORMING AMENDMENTS.—Chapter 10 of title 37, United
States Code, is amended as follows:
(1) Section 555 is amended—
(A) in subsection (a), by striking out ‘‘When a member’’
and inserting in lieu thereof ‘‘Except as provided in sub-
section (d), when a member’’; and
(B) by adding at the end the following new subsection:
‘‘(d) This section does not apply in a case to which section
1502 of title 10 applies.’’.
H. R. 1530—168
(2) Section 552 is amended—
(A) in subsection (a), by striking out ‘‘for all purposes,’’
in the second sentence of the matter following paragraph
(2) and all that follows through the end of the sentence
and inserting in lieu thereof ‘‘for all purposes.’’;
(B) in subsection (b), by inserting ‘‘or under chapter
76 of title 10’’ before the period at the end; and
(C) in subsection (e), by inserting ‘‘or under chapter
76 of title 10’’ after ‘‘section 555 of this title’’.
(3) Section 553 is amended—
(A) in subsection (f), by striking out ‘‘the date the
Secretary concerned receives evidence that’’ and inserting
in lieu thereof ‘‘the date on which, in a case covered by
section 555 of this title, the Secretary concerned receives
evidence, or, in a case covered by chapter 76 of title 10,
the Secretary concerned determines pursuant to that chap-
ter, that’’; and
(B) in subsection (g), by inserting ‘‘or under chapter
76 of title 10’’ after ‘‘section 555 of this title’’.
(4) Section 556 is amended—
(A) in subsection (a), by inserting after paragraph (7)
the following:
‘‘Paragraphs (1), (5), (6), and (7) only apply with respect to a
case to which section 555 of this title applies.’’;
(B) in subsection (b), by inserting ‘‘, in a case to which
section 555 of this title applies,’’ after ‘‘When the Secretary
concerned’’; and
(C) in subsection (h)—
(i) in the first sentence, by striking out ‘‘status’’
and inserting in lieu thereof ‘‘pay’’; and
(ii) in the second sentence, by inserting ‘‘in a case
to which section 555 of this title applies’’ after ‘‘under
this section’’.
(d) DESIGNATION OF PERSONS HAVING INTEREST IN STATUS OF
SERVICE MEMBERS.—(1) Chapter 37 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 655. Designation of persons having interest in status of
a missing member
‘‘(a) The Secretary concerned shall, upon the enlistment or
appointment of a person in the armed forces, require that the
person specify in writing the person or persons, if any, other than
that person’s primary next of kin or immediate family, to whom
information on the whereabouts and status of the member shall
be provided if such whereabouts and status are investigated under
chapter 76 of this title. The Secretary shall periodically, and when-
ever the member is deployed as part of a contingency operation
or in other circumstances specified by the Secretary, require that
such designation be reconfirmed, or modified, by the member.
‘‘(b) The Secretary concerned shall, upon the request of a mem-
ber, permit the member to revise the person or persons specified
by the member under subsection (a) at any time. Any such revision
shall be in writing.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘655. Designation of persons having interest in status of a missing member.’’.
H. R. 1530—169
(e) ACCOUNTING FOR CIVILIAN EMPLOYEE AND CONTRACTORS
OF THE UNITED STATES.—(1) The Secretary of State shall carry
out a comprehensive study of the provisions of subchapter VII
of chapter 55 of title 5, United States Code (commonly referred
to as the ‘‘Missing Persons Act of 1942’’) (5 U.S.C. 5561 et seq.)
and any other law or regulation establishing procedures for the
accounting for of civilian employees of the United States or contrac-
tors of the United States who serve with or accompany the Armed
Forces in the field. The purpose of the study shall be to determine
the means, if any, by which those procedures may be improved.
(2) The Secretary of State shall carry out the study required
under paragraph (1) in consultation with the Secretary of Defense,
the Secretary of Transportation, the Director of Central Intelligence,
and the heads of such other departments and agencies of the
United States as the President designates for that purpose.
(3) In carrying out the study, the Secretary of State shall
examine the procedures undertaken when a civilian employee
referred to in paragraph (1) becomes involuntarily absent as a
result of a hostile action, or under circumstances suggesting that
the involuntary absence is a result of a hostile action, and whose
status is undetermined or who is unaccounted for, including proce-
dures for—
(A) search and rescue for the employee;
(B) determining the status of the employee;
(C) reviewing and changing the status of the employee;
(D) determining the rights and benefits accorded to the
family of the employee; and
(E) maintaining and providing appropriate access to the
records of the employee and the investigation into the status
of the employee.
(4) Not later than one year after the date of the enactment
of this Act, the Secretary of State shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the study
carried out by the Secretary under this subsection. The report
shall include the recommendations, if any, of the Secretary for
legislation to improve the procedures covered by the study.
SEC. 570. ASSOCIATE DIRECTOR OF CENTRAL INTELLIGENCE FOR
MILITARY SUPPORT.
Section 102 of the National Security Act of 1947 (50 U.S.C.
403) is amended by adding at the end the following:
‘‘(e) In the event that neither the Director nor Deputy Director
of Central Intelligence is a commissioned officer of the Armed
Forces, a commissioned officer of the Armed Forces appointed to
the position of Associate Director of Central Intelligence for Military
Support, while serving in such position, shall not be counted against
the numbers and percentages of commissioned officers of the rank
and grade of such officer authorized for the armed force of which
such officer is a member.’’.
H. R. 1530—170
Subtitle G—Support for Non-Department
of Defense Activities
SEC. 571. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.
(a) REPEAL
OF
CIVIL-MILITARY
COOPERATIVE
ACTION
PRO-
GRAM.—The following provisions of law are repealed:
(1) Section 410 of title 10, United States Code.
(2) Section 1081(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 410
note).
(b) REPEAL
OF
RELATED
PROVISION.—Section 1045 of the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 10 U.S.C. 410 note), relating to a pilot outreach
program to reduce demand for illegal drugs, is repealed.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Chapter 20
of title 10, United States Code, is amended—
(1) by striking out the table of subchapters after the chapter
heading;
(2) by striking out the subchapter heading for subchapter
I; and
(3) by striking out the subchapter heading for subchapter
II and the table of sections following that subchapter heading.
SEC. 572. TRAINING ACTIVITIES RESULTING IN INCIDENTAL SUPPORT
AND 
SERVICES 
FOR 
ELIGIBLE 
ORGANIZATIONS 
AND
ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—(1) Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 2012. Support and services for eligible organizations and
activities outside Department of Defense
‘‘(a) AUTHORITY TO PROVIDE SERVICES AND SUPPORT.—Under
regulations prescribed by the Secretary of Defense, the Secretary
of a military department may in accordance with this section
authorize units or individual members of the armed forces under
that Secretary’s jurisdiction to provide support and services to non-
Department of Defense organizations and activities specified in
subsection (e), but only if—
‘‘(1) such assistance is authorized by a provision of law
(other than this section); or
‘‘(2) the provision of such assistance is incidental to military
training.
‘‘(b) SCOPE
OF COVERED ACTIVITIES SUBJECT
TO SECTION.—
This section does not—
‘‘(1) apply to the provision by the Secretary concerned,
under regulations prescribed by the Secretary of Defense, of
customary community relations and public affairs activities
conducted in accordance with Department of Defense policy;
or
‘‘(2) prohibit the Secretary concerned from encouraging
members of the armed forces under the Secretary’s jurisdiction
to provide volunteer support for community relations activities
under regulations prescribed by the Secretary of Defense.
‘‘(c) REQUIREMENT FOR SPECIFIC REQUEST.—Assistance under
subsection (a) may only be provided if—
H. R. 1530—171
‘‘(1) the assistance is requested by a responsible official
of the organization to which the assistance is to be provided;
and
‘‘(2) the assistance is not reasonably available from a
commercial entity or (if so available) the official submitting
the request for assistance certifies that the commercial entity
that would otherwise provide such services has agreed to the
provision of such services by the armed forces.
‘‘(d) RELATIONSHIP
TO
MILITARY
TRAINING.—(1) Assistance
under subsection (a) may only be provided if the following require-
ments are met:
‘‘(A) The provision of such assistance—
‘‘(i) in the case of assistance by a unit, will accomplish
valid unit training requirements; and
‘‘(ii) in the case of assistance by an individual member,
will involve tasks directly related to the specific military
occupational specialty of the member.
‘‘(B) The provision of such assistance will not adversely
affect the quality of training or otherwise interfere with the
ability of a member or unit of the armed forces to perform
the military functions of the member or unit.
‘‘(C) The provision of such assistance will not result in
a significant increase in the cost of the training.
‘‘(2) Subparagraph (A)(i) of paragraph (1) does not apply in
a case in which the assistance to be provided consists primarily
of military manpower and the total amount of such assistance
in the case of a particular project does not exceed 100 man-hours.
‘‘(e) ELIGIBLE ENTITIES.—The following organizations and activi-
ties are eligible for assistance under this section:
‘‘(1) Any Federal, regional, State, or local governmental
entity.
‘‘(2) Youth and charitable organizations specified in section
508 of title 32.
‘‘(3) Any other entity as may be approved by the Secretary
of Defense on a case-by-case basis.
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe
regulations governing the provision of assistance under this section.
The regulations shall include the following:
‘‘(1) Rules governing the types of assistance that may be
provided.
‘‘(2) Procedures governing the delivery of assistance that
ensure, to the maximum extent practicable, that such assistance
is provided in conjunction with, rather than separate from,
civilian efforts.
‘‘(3) Procedures for appropriate coordination with civilian
officials to ensure that the assistance—
‘‘(A) meets a valid need; and
‘‘(B) does not duplicate other available public services.
‘‘(4) Procedures to ensure that Department of Defense
resources are not applied exclusively to the program receiving
the assistance.
‘‘(g) ADVISORY COUNCILS.—(1) The Secretary of Defense shall
encourage the establishment of advisory councils at regional, State,
and local levels, as appropriate, in order to obtain recommendations
and guidance concerning assistance under this section from persons
who are knowledgeable about regional, State, and local conditions
and needs.
H. R. 1530—172
‘‘(2) The advisory councils should include officials from relevant
military organizations, representatives of appropriate local, State,
and Federal agencies, representatives of civic and social service
organizations, business representatives, and labor representatives.
‘‘(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to such councils.
‘‘(h) CONSTRUCTION
OF PROVISION.—Nothing in this section
shall be construed as authorizing—
‘‘(1) the use of the armed forces for civilian law enforcement
purposes or for response to natural or manmade disasters;
or
‘‘(2) the use of Department of Defense personnel or
resources for any program, project, or activity that is prohibited
by law.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2012. Support and services for eligible organizations and activities outside Depart-
ment of Defense.’’.
SEC. 573. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT
PROGRAM.
(a) TERMINATION.—The authority under subsection (a) of section
1091 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 32 U.S.C. 501 note) to carry out a
pilot program under that section is hereby continued through the
end of the 18-month period beginning on the date of the enactment
of this Act and such authority shall terminate as of the end of
that period.
(b) LIMITATION ON NUMBER OF PROGRAMS.—During the period
beginning on the date of the enactment of this Act and ending
on the termination of the pilot program under subsection (a), the
number of programs carried out under subsection (d) of that section
as part of the pilot program may not exceed the number of such
programs as of September 30, 1995.
SEC. 574. TERMINATION OF FUNDING FOR OFFICE OF CIVIL-MILITARY
PROGRAMS IN OFFICE OF THE SECRETARY OF DEFENSE.
No funds may be obligated or expended after the date of the
enactment of this Act (1) for the office that as of the date of
the enactment of this Act is designated, within the Office of the
Assistant Secretary of Defense for Reserve Affairs, as the Office
of Civil-Military Programs, or (2) for any other entity within the
Office of the Secretary of Defense that has an exclusive or principal
mission of providing centralized direction for activities under section
2012 of title 10, United States Code, as added by section 572.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment
required by section 1009 of title 37, United States Code, in elements
H. R. 1530—173
of compensation of members of the uniformed services to become
effective during fiscal year 1996 shall not be made.
(b) INCREASE IN BASIC PAY AND BAS.—Effective on January
1, 1996, the rates of basic pay and basic allowance for subsistence
of members of the uniformed services are increased by 2.4 percent.
(c) INCREASE IN BAQ.—Effective on January 1, 1996, the rates
of basic allowance for quarters of members of the uniformed services
are increased by 5.2 percent.
SEC. 602. LIMITATION ON BASIC ALLOWANCE FOR SUBSISTENCE FOR
MEMBERS RESIDING WITHOUT DEPENDENTS IN GOVERN-
MENT QUARTERS.
(a) PERCENTAGE LIMITATION.—Subsection (b) of section 402 of
title 37, United States Code, is amended by adding after the last
sentence the following new paragraph:
‘‘(4) In the case of enlisted members of the Army, Navy, Air
Force, or Marine Corps who, when present at their permanent
duty station, reside without dependents 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. The Secretary concerned
may exceed such percentage if the Secretary determines that compli-
ance would increase costs to the Government, would impose finan-
cial hardships on members otherwise entitled to a basic allowance
for subsistence, or would reduce the quality of life for such members.
This paragraph shall not apply to members described in the first
sentence when the members are not residing at their permanent
duty station. The Secretary concerned shall achieve the percentage
limitation specified in this paragraph as soon as possible after
the date of the enactment of this paragraph, but in no case later
than September 30, 1996.’’.
(b) STYLISTIC
AMENDMENTS.—Such subsection is further
amended—
(1) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C);
(2) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(3) by designating the text composed of the second, third,
and fourth sentences as paragraph (2); and
(4) by designating the text composed of the fifth and sixth
sentences as paragraph (3).
(c) CONFORMING AMENDMENTS.—(1) Subsection (e) of such sec-
tion is amended—
(A) in paragraph (1), by striking out ‘‘the third sentence
of subsection (b)’’ and inserting in lieu thereof ‘‘subsection
(b)(2)’’; and
(B) in paragraph (2), by striking out ‘‘subsection (b)’’ and
inserting in lieu thereof ‘‘subsection (b)(2)’’.
(2) Section 1012 of title 37, United States Code, is amended
by striking out ‘‘the last sentence of section 402(b)’’ and inserting
in lieu thereof ‘‘section 402(b)(3)’’.
(d) REPORT REQUIRED.—Not later than March 31, 1996, the
Secretary of Defense shall submit to Congress a report identifying,
for the Army, Navy, Air Force, and Marine Corps—
(1) the number of members who reside without dependents
in Government quarters at their permanent duty stations and
receive a basic allowance for subsistence under section 402
of title 37, United States Code;
H. R. 1530—174
(2) such number as a percentage of the total number of
members who reside without dependents in Government
quarters;
(3) a recommended maximum percentage of the members
residing without dependents in Government quarters at their
permanent duty station who should receive a basic allowance
for subsistence; and
(4) the reasons such maximum percentage is recommended.
SEC. 603. ELECTION OF BASIC ALLOWANCE FOR QUARTERS INSTEAD
OF ASSIGNMENT TO INADEQUATE QUARTERS.
(a) ELECTION AUTHORIZED.—Section 403(b) of title 37, United
States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by designating the second sentence as paragraph (2)
and, as so designated, by striking out ‘‘However, subject’’ and
inserting in lieu thereof ‘‘Subject’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) A member without dependents who is in pay grade E–
6 and who is assigned to quarters of the United States that do
not meet the minimum adequacy standards established by the
Department of Defense for members in such pay grade, or to a
housing facility under the jurisdiction of a uniformed service that
does not meet such standards, may elect not to occupy such quarters
or facility and instead to receive the basic allowance for quarters
prescribed for the member’s pay grade by this section.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on July 1, 1996.
SEC. 604. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO MEM-
BERS IN PAY GRADE E–6 WHO ARE ASSIGNED TO SEA DUTY.
(a) PAYMENT AUTHORIZED.—Section 403(c)(2) of title 37, United
States Code, is amended—
(1) in the first sentence, by striking out ‘‘E–7’’ and inserting
in lieu thereof ‘‘E–6’’; and
(2) in the second sentence, by striking out ‘‘E–6’’ and insert-
ing in lieu thereof ‘‘E–5’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on July 1, 1996.
SEC. 605. LIMITATION ON REDUCTION OF VARIABLE HOUSING ALLOW-
ANCE FOR CERTAIN MEMBERS.
(a) LIMITATION ON REDUCTION IN VHA.—(1) Subsection (c)(3)
of section 403a of title 37, United States Code, is amended by
adding at the end the following new sentence: ‘‘However, so long
as a member of a uniformed service retains uninterrupted eligibility
to receive a variable housing allowance within an area and the
member’s certified housing costs are not reduced (as indicated by
certifications provided by the member under subsection (b)(4)), the
monthly amount of a variable housing allowance under this section
for the member within that area may not be reduced as a result
of systematic adjustments required by changes in housing costs
within that area.’’.
(2) The amendment made by paragraph (1) shall apply for
fiscal years after fiscal year 1995.
(b) EFFECT
ON TOTAL AMOUNT AVAILABLE
FOR VHA.—Sub-
section (d)(3) of such section is amended by inserting after the
first sentence the following new sentence: ‘‘In addition, the total
H. R. 1530—175
amount determined under paragraph (1) shall be adjusted to ensure
that sufficient amounts are available to allow payment of any
additional amounts of variable housing allowance necessary as a
result of the requirements of the second sentence of subsection
(c)(3).’’.
(c) REPORT ON IMPLEMENTATION.—Not later than June 1, 1996,
the Secretary of Defense shall submit to Congress a report describ-
ing the procedures to be used to implement the amendments made
by this section and the costs of such amendments.
(d) RESOLVING VHA INADEQUACIES
IN HIGH HOUSING COST
AREAS.—If the Secretary of Defense determines that, despite the
amendments made by this section, inadequacies exist in the provi-
sion of variable housing allowances under section 403a of title
37, United States Code, the Secretary shall submit to Congress
a report containing a legislative proposal to address the inadequa-
cies. The Secretary shall make the determination required by this
subsection and submit the report, if necessary, not later than May
31, 1996.
SEC. 606. CLARIFICATION OF LIMITATION ON ELIGIBILITY FOR FAM-
ILY SEPARATION ALLOWANCE.
Section 427(b)(4) of title 37, United States Code, is amended
in the first sentence by inserting ‘‘paragraph (1)(A) of’’ after ‘‘not
entitled to an allowance under’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1996’’ and inserting in lieu thereof ‘‘September 30, 1997’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1996’’ and inserting in lieu thereof ‘‘September 30, 1997’’.
(c) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1996’’ and inserting in lieu thereof ‘‘September 30, 1997’’.
(d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1996’’ and inserting in lieu thereof
‘‘September 30, 1997’’.
(e) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(i) of title
37, United States Code, is amended by striking out ‘‘September
30, 1996’’ and inserting in lieu thereof ‘‘September 30, 1997’’.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
out ‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘September
30, 1997’’.
(b) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
H. R. 1530—176
out ‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘September
30, 1997’’.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘September
30, 1997’’.
SEC. 613. EXTENSION OF AUTHORITY RELATING 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 striking out ‘‘September
30, 1995,’’ and inserting in lieu thereof ‘‘September 30, 1997’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘September
30, 1997’’.
(c) ENLISTMENT
BONUSES
FOR
CRITICAL
SKILLS.—Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ‘‘September 30, 1996’’ and inserting in
lieu thereof ‘‘September 30, 1997’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED
RESERVE ASSIGNED
TO CERTAIN HIGH PRIORITY UNITS.—Section
308d(c) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1996’’ and inserting in lieu thereof ‘‘September
30, 1997’’.
(e) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
States Code, is amended by striking out ‘‘September 30, 1996’’
and inserting in lieu thereof ‘‘September 30, 1997’’.
(f) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
title 37, United States Code, is amended by striking out ‘‘September
30, 1996’’ and inserting in lieu thereof ‘‘September 30, 1997’’.
(g) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of title 37, United States Code, is amended by striking
out ‘‘October 1, 1996’’ and inserting in lieu thereof ‘‘October 1,
1997’’.
(h) 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, 1996’’ and inserting in lieu thereof ‘‘October 1,
1997’’.
(i) COVERAGE OF PERIOD OF LAPSED AGREEMENT AUTHORITY.—
(1) In the case of an officer described in section 301b(b) of title
37, United States Code, who executes an agreement described in
paragraph (2) during the 90-day period beginning on the date
of the enactment of this Act, the Secretary concerned may treat
the agreement for purposes of the retention bonus authorized under
the agreement as having been executed and accepted on the first
date on which the officer would have qualified for such an agree-
ment had the amendment made by subsection (a) taken effect
on October 1, 1995.
(2) An agreement referred to in this subsection is a service
agreement with the Secretary concerned that is a condition for
the payment of a retention bonus under section 301b of title 37,
United States Code.
H. R. 1530—177
(3) For purposes of this subsection, the term ‘‘Secretary con-
cerned’’ has the meaning given that term in section 101(5) of title
37, United States Code.
SEC. 614. CODIFICATION AND EXTENSION OF SPECIAL PAY FOR CRITI-
CALLY SHORT WARTIME HEALTH SPECIALISTS IN THE
SELECTED RESERVES.
(a) SPECIAL PAY AUTHORIZED.—(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 302f the following
new section:
‘‘§ 302g. Special pay: Selected Reserve health care profes-
sionals in critically short wartime specialties
‘‘(a) SPECIAL PAY AUTHORIZED.—An officer of a reserve compo-
nent of the armed forces described in subsection (b) who executes
a written agreement under which the officer agrees to serve in
the Selected Reserve of an armed force for a period of not less
than one year nor more than three years, beginning on the date
the officer accepts the award of special pay under this section,
may be paid special pay at an annual rate not to exceed $10,000.
‘‘(b) ELIGIBLE OFFICERS.—An officer referred to in subsection
(a) is an officer in a health care profession who is qualified in
a specialty designated by regulations as a critically short wartime
specialty.
‘‘(c) TIME FOR PAYMENT.—Special pay under this section shall
be paid annually at the beginning of each twelve-month period
for which the officer has agreed to serve.
‘‘(d) REFUND REQUIREMENT.—An officer who voluntarily termi-
nates service in the Selected Reserve of an armed force before
the end of the period for which a payment was made to such
officer under this section shall refund to the United States the
full amount of the payment made for the period on which the
payment was based.
‘‘(e) INAPPLICABILITY OF DISCHARGE IN BANKRUPTCY.—A dis-
charge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement under this section
does not discharge the person receiving special pay under the agree-
ment from the debt arising under the agreement.
‘‘(f) TERMINATION OF AGREEMENT AUTHORITY.—No agreement
under this section may be entered into after September 30, 1997.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 302f
the following new item:
‘‘302g. Special pay: Selected Reserve health care professionals in critically short
wartime specialties.’’.
(b) CONFORMING AMENDMENT.—Section 303a of title 37, United
States Code, is amended by striking out ‘‘302, 302a, 302b, 302c,
302d, 302e,’’ each place it appears and inserting in lieu thereof
‘‘302 through 302g,’’.
(c) CONFORMING REPEAL.—(1) Section 613 of the National
Defense Authorization Act, Fiscal Year 1989 (Public Law 100–
456; 37 U.S.C. 302 note) is repealed.
(2) The provisions of section 613 of the National Defense
Authorization Act, Fiscal Year 1989, as in effect on the day before
the date of the enactment of this Act, shall continue to apply
to agreements entered into under such section before such date.
H. R. 1530—178
SEC. 615. HAZARDOUS DUTY INCENTIVE PAY FOR WARRANT OFFI-
CERS AND ENLISTED MEMBERS SERVING AS AIR WEAPONS
CONTROLLERS.
(a) INCLUSION
OF ADDITIONAL MEMBERS.—Subsection (a)(11)
of section 301 of title 37, United States Code, is amended by
striking out ‘‘an officer (other than a warrant officer)’’ and inserting
in lieu thereof ‘‘a member’’.
(b) CALCULATION OF HAZARDOUS DUTY INCENTIVE PAY.—The
table in subparagraph (A) of subsection (c)(2) of such section is
amended to read as follows:
‘‘Pay grade
Years of service as an air weapons controller
2 or less
Over 2
Over 3
Over 4
Over 6
Over 8
Over 10
‘‘O–7 and
above .....
$200
$200
$200
$200
$200
$200
$200
‘‘O–6 ..........
225
250
300
325
350
350
350
‘‘O–5 ..........
200
250
300
325
350
350
350
‘‘O–4 ..........
175
225
275
300
350
350
350
‘‘O–3 ..........
125
156
188
206
350
350
350
‘‘O–2 ..........
125
156
188
206
250
300
300
‘‘O–1 ..........
125
156
188
206
250
250
250
‘‘W–4 .........
200
225
275
300
325
325
325
‘‘W–3 .........
175
225
275
300
325
325
325
‘‘W–2 .........
150
200
250
275
325
325
325
‘‘W–1 .........
100
125
150
175
325
325
325
‘‘E–9 ..........
200
225
250
275
300
300
300
‘‘E–8 ..........
200
225
250
275
300
300
300
‘‘E–7 ..........
175
200
225
250
275
275
275
‘‘E–6 ..........
156
175
200
225
250
250
250
‘‘E–5 ..........
125
156
175
188
200
200
200
‘‘E–4 and
below .....
125
156
175
188
200
200
200
Over 12
Over 14
Over 16
Over 18
Over 20
Over 22
Over 24
Over 25
‘‘O–7 and
above .....
$200
$200
$200
$200
$200
$200
$200
$110
‘‘O–6 ..........
350
350
350
350
300
250
250
225
‘‘O–5 ..........
350
350
350
350
300
250
250
225
‘‘O–4 ..........
350
350
350
350
300
250
250
225
‘‘O–3 ..........
350
350
350
300
275
250
225
200
‘‘O–2 ..........
300
300
300
275
245
210
200
180
‘‘O–1 ..........
250
250
250
245
210
200
180
150
‘‘W–4 .........
325
325
325
325
276
250
225
200
‘‘W–3 .........
325
325
325
325
325
250
225
200
‘‘W–2 .........
325
325
325
325
275
250
225
200
‘‘W–1 .........
325
325
325
325
275
250
225
200
‘‘E–9 ..........
300
300
300
300
275
230
200
200
‘‘E–8 ..........
300
300
300
300
265
230
200
200
‘‘E–7 ..........
300
300
300
300
265
230
200
200
‘‘E–6 ..........
300
300
300
300
265
230
200
200
‘‘E–5 ..........
250
250
250
250
225
200
175
150
‘‘E–4 and
below .....
200
200
200
200
175
150
125
125’’.
(c) CONFORMING AMENDMENTS.—Subsection (c)(2) of such sec-
tion is further amended—
(1) by striking out ‘‘an officer’’ each place it appears and
inserting in lieu thereof ‘‘a member’’; and
(2) by striking out ‘‘the officer’’ each place it appears and
inserting in lieu thereof ‘‘the member’’.
SEC. 616. AVIATION CAREER INCENTIVE PAY.
(a) YEARS OF OPERATIONAL FLYING DUTIES REQUIRED.—Para-
graph (4) of section 301a(a) of title 37, United States Code, is
amended in the first sentence by striking out ‘‘9’’ and inserting
in lieu thereof ‘‘8’’.
(b) EXERCISE OF WAIVER AUTHORITY.—Paragraph (5) of such
section is amended by inserting after the second sentence the follow-
ing new sentence: ‘‘The Secretary concerned may not delegate the
H. R. 1530—179
authority in the preceding sentence to permit the payment of incen-
tive pay under this subsection.’’.
SEC. 617. CLARIFICATION OF AUTHORITY TO PROVIDE SPECIAL PAY
FOR NURSES.
Section 302c(d)(1) of title 37, United States Code, is amended—
(1) by striking out ‘‘or’’ after ‘‘Air Force,’’; and
(2) by inserting before the semicolon the following: ‘‘, an
officer of the Nurse Corps of the Army or Navy, or an officer
of the Air Force designated as a nurse’’.
SEC. 618. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR
CREW MEMBERS OF SHIPS DESIGNATED AS TENDERS.
Subparagraph (A) of section 305a(d)(1) of title 37, United States
Code, is amended to read as follows:
‘‘(A) while permanently or temporarily assigned to a ship,
ship-based staff, or ship-based aviation unit and—
‘‘(i) while serving on a ship the primary mission of
which is accomplished while under way;
‘‘(ii) while serving as a member of the off-crew of a
two-crewed submarine; or
‘‘(iii) while serving as a member of a tender-class ship
(with the hull classification of submarine or destroyer);
or’’.
SEC. 619. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY ASSIGN-
MENT 
PAY 
FOR 
ENLISTED 
MEMBERS 
SERVING 
AS
RECRUITERS.
(a) SPECIAL MAXIMUM RATE FOR RECRUITERS.—Section 307(a)
of title 37, United States Code, is amended by adding at the end
the following new sentence: ‘‘In the case of a member who is
serving as a military recruiter and is eligible for special duty
assignment pay under this subsection on account of such duty,
the Secretary concerned may increase the monthly rate of special
duty assignment pay for the member to not more than $375.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 1996.
Subtitle C—Travel and Transportation
Allowances
SEC. 621. REPEAL OF REQUIREMENT REGARDING CALCULATION OF
ALLOWANCES ON BASIS OF MILEAGE TABLES.
Section 404(d)(1)(A) of title 37, United States Code, is amended
by striking out ‘‘, based on distances established over the shortest
usually traveled route, under mileage tables prepared under the
direction of the Secretary of Defense’’.
SEC. 622. DEPARTURE ALLOWANCES.
(a) ELIGIBILITY
WHEN
EVACUATION
AUTHORIZED
BUT
NOT
ORDERED.—Section 405a(a) of title 37, United States Code, is
amended by striking out ‘‘ordered’’ each place it appears and insert-
ing in lieu thereof ‘‘authorized or ordered’’.
(b) APPLICATION OF AMENDMENT.—The amendment made by
subsection (a) shall apply with respect to persons authorized or
ordered to depart as described in section 405a(a) of title 37, United
States Code, on or after October 1, 1995.
H. R. 1530—180
SEC. 623. TRANSPORTATION OF NONDEPENDENT CHILD FROM MEM-
BER’S STATION OVERSEAS AFTER LOSS OF DEPENDENT
STATUS WHILE OVERSEAS.
Section 406(h)(1) of title 37, United States Code, is amended
in the last sentence—
(1) by striking out ‘‘who became 21 years of age’’ and
inserting in lieu thereof ‘‘who, by reason of age or graduation
from (or cessation of enrollment in) an institution of higher
education, would otherwise cease to be a dependent of the
member’’; and
(2) by inserting ‘‘still’’ after ‘‘shall’’.
SEC. 624. AUTHORIZATION OF DISLOCATION ALLOWANCE FOR MOVES
IN CONNECTION WITH BASE REALIGNMENTS AND CLO-
SURES.
(a) DISLOCATION ALLOWANCE AUTHORIZED.—Subsection (a) of
section 407 of title 37, United States Code, is amended—
(1) by striking out ‘‘or’’ at the end of paragraph (3);
(2) by striking out the period at the end of paragraph
(4)(B) and inserting in lieu thereof ‘‘; or’’; and
(3) by inserting after paragraph (4)(B) the following new
paragraph:
‘‘(5) the member is ordered to move in connection with
the closure or realignment of a military installation and, as
a result, the member’s dependents actually move or, in the
case of a member without dependents, the member actually
moves.’’.
(b) CONFORMING AMENDMENTS.—(1) The last sentence of such
subsection is amended—
(A) by striking out ‘‘clause (3) or (4)(B)’’ and inserting
in lieu thereof ‘‘paragraph (3) or (4)(B)’’; and
(B) by striking out ‘‘clause (1)’’ and inserting in lieu thereof
‘‘paragraph (1) or (5)’’.
(2) Subsection (b) of such section is amended—
(A) by striking out ‘‘subsection (a)(3) or (a)(4)(B)’’ in the
first sentence and inserting in lieu thereof ‘‘paragraph (3) or
(4)(B) of subsection (a)’’; and
(B) by striking out ‘‘subsection (a)(1)’’ in the second sentence
and inserting in lieu thereof ‘‘paragraph (1) or (5) of subsection
(a)’’.
Subtitle D—Retired Pay, Survivor Benefits,
and Related Matters
SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING
ADJUSTMENTS FOR FISCAL YEARS 1996, 1997, AND 1998.
(a) ADJUSTMENT OF EFFECTIVE DATES.—Subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code, is amended
to read as follows:
‘‘(B) SPECIAL RULES FOR FISCAL YEARS 1996 AND 1998.—
‘‘(i) FISCAL YEAR 1996.—In the case of the increase
in retired pay that, pursuant to paragraph (1), becomes
effective on December 1, 1995, the initial month for
which such increase is payable as part of such retired
pay shall (notwithstanding such December 1 effective
date) be March 1996.
H. R. 1530—181
‘‘(ii) FISCAL YEAR 1998.—In the case of the increase
in retired pay that, pursuant to paragraph (1), becomes
effective on December 1, 1997, the initial month for
which such increase is payable as part of such retired
pay shall (notwithstanding such December 1 effective
date) be September 1998.’’.
(b) CONTINGENT ALTERNATIVE DATE FOR FISCAL YEAR 1998.—
(1) If a civil service retiree cola that becomes effective during
fiscal year 1998 becomes effective on a date other than the date
on which a military retiree cola during that fiscal year is specified
to become effective under subparagraph (B) of section 1401a(b)(2)
of title 10, United States Code, as amended by subsection (a),
then the increase in military retired and retainer pay shall become
payable as part of such retired and retainer pay effective on the
same date on which such civil service retiree cola becomes effective
(notwithstanding the date otherwise specified in such subparagraph
(B)).
(2) Paragraph (1) does not apply with respect to the retired
pay of a person retired under chapter 61 of title 10, United States
Code.
(3) For purposes of this subsection:
(A) The term ‘‘civil service retiree cola’’ means an increase
in annuities under the Civil Service Retirement System either
under section 8340(b) of title 5, United States Code, or pursuant
to a law providing a general increase in such annuities.
(B) The term ‘‘military retiree cola’’ means an adjustment
in retired and retainer pay pursuant to section 1401a(b) of
title 10, United States Code.
(c) REPEAL
OF
PRIOR
CONDITIONAL
ENACTMENT.—Section
8114A(b) of Public Law 103–335 (108 Stat. 2648) is repealed.
SEC. 632. DENIAL OF NON-REGULAR SERVICE RETIRED PAY FOR
RESERVES RECEIVING CERTAIN COURT-MARTIAL SEN-
TENCES.
(a) IN GENERAL.—(1) Chapter 1223 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 12740. Eligibility: denial upon certain punitive discharges
or dismissals
‘‘A person who—
‘‘(1) is convicted of an offense under the Uniform Code
of Military Justice (chapter 47 of this title) and whose sentence
includes death; or
‘‘(2) is separated pursuant to sentence of a court-martial
with a dishonorable discharge, a bad conduct discharge, or
(in the case of an officer) a dismissal,
is not eligible for retired pay under this chapter.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘12740. Eligibility: denial upon certain punitive discharges or dismissals.’’.
(b) EFFECTIVE DATE.—Section 12740 of title 10, United States
Code, as added by subsection (a), shall apply with respect to court-
martial sentences adjudged after the date of the enactment of
this Act.
H. R. 1530—182
SEC. 633. REPORT ON PAYMENT OF ANNUITIES FOR CERTAIN MILI-
TARY SURVIVING SPOUSES.
(a) STUDY REQUIRED.—(1) The Secretary of Defense shall con-
duct a study to determine the number of potential beneficiaries
there would be if Congress were to enact authority for the Secretary
of the military department concerned to pay an annuity to the
qualified surviving spouse of each member of the Armed Forces
who—
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component who died during
the period beginning on September 21, 1972, and ending on
October 1, 1978, and at the time of death would have been
entitled to retired pay under chapter 67 of title 10, United
States Code, but for the fact that he was under 60 years
of age.
(2) A qualified surviving spouse for purposes of paragraph
(1) is a surviving spouse who has not remarried and who is not
eligible for an annuity under section 4 of Public Law 92–425
(10 U.S.C. 1448 note).
(b) REQUIRED DETERMINATIONS.—As part of the study under
subsection (a), the Secretary shall determine the following:
(1) The number of unremarried surviving spouses of
deceased members and deceased former members of the Armed
Forces referred to in subparagraph (A) of subsection (a)(1)
who would be eligible for an annuity under authority described
in such subsection.
(2) The number of unremarried surviving spouses of
deceased members and deceased former members of reserve
components referred to in subparagraph (B) of subsection (a)(1)
who would be eligible for an annuity under authority described
in such subsection.
(3) The number of persons in each group of unremarried
former spouses described in paragraphs (1) and (2) who are
receiving a widow’s insurance benefit or a widower’s insurance
benefit under title II of the Social Security Act on the basis
of employment of a deceased member or deceased former mem-
ber referred to in subsection (a)(1).
(c) REPORT.—Not later than March 1, 1996, 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
Representatives a report on the results of the study under this
section. The Secretary shall include in the report a recommendation
on the amount of the annuity that should be authorized to be
paid under any authority described in subsection (a)(1), together
with a recommendation on whether the annuity should be adjusted
annually to offset increases in the cost of living.
SEC. 634. PAYMENT OF BACK QUARTERS AND SUBSISTENCE ALLOW-
ANCES TO WORLD WAR II VETERANS WHO SERVED AS
GUERRILLA FIGHTERS IN THE PHILIPPINES.
(a) IN GENERAL.—The Secretary of the military department
concerned shall pay, upon request, to an individual described in
subsection (b) the amount determined with respect to that individ-
ual under subsection (c).
H. R. 1530—183
(b) COVERED INDIVIDUALS.—A payment under subsection (a)
shall be made to any individual who as a member of the Armed
Forces during World War II—
(1) was captured on the Island of Bataan in the territory
of the Philippines by Japanese forces;
(2) participated in the Bataan Death March;
(3) escaped from captivity; and
(4) served as a guerrilla fighter in the Philippines during
the period from January 1942 through February 1945.
(c) AMOUNT TO BE PAID.—The amount of a payment under
subsection (a) shall be the amount of quarters and subsistence
allowance which accrued to an individual described in subsection
(b) during the period specified in paragraph (4) of subsection (b)
and which was not paid to that individual. The Secretary shall
apply interest compounded at the three-month Treasury bill rate.
(d) PAYMENT
TO SURVIVORS.—In the case of any individual
described in subsection (b) who is deceased, payment under this
section with respect to that individual shall be made to that individ-
ual’s nearest surviving relative, as determined by the Secretary
concerned.
SEC. 635. AUTHORITY FOR RELIEF FROM PREVIOUS OVERPAYMENTS
UNDER MINIMUM INCOME WIDOWS PROGRAM.
(a) AUTHORITY.—The Secretary of Defense may waive recovery
by the United States of any overpayment by the United States
described in subsection (b). In the case of any such waiver, any
debt to the United States arising from such overpayment is forgiven.
(b) COVERED OVERPAYMENTS.—Subsection (a) applies in the
case of an overpayment by the United States that—
(1) was made before the date of the enactment of this
Act under section 4 of Public Law 92–425 (10 U.S.C. 1448
note); and
(2) is attributable to failure by the Department of Defense
to apply the eligibility provisions of subsection (a) of such
section in the case of the person to whom the overpayment
was made.
SEC. 636. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEM-
BERS OF THE ARMED FORCES SEPARATED FOR DEPEND-
ENT ABUSE.
(a) COVERAGE
OF PROGRAM.—Subsection (a) of section 1059
of title 10, United States Code, is amended by adding at the end
the following: ‘‘Upon establishment of such a program, the program
shall apply in the case of each such member described in subsection
(b) who is under the jurisdiction of the Secretary establishing the
program.’’.
(b) CLARIFICATION OF PAYMENT TO DEPENDENTS OF MEMBERS
NOT DISCHARGED.—Subsection (d) of such section is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking out ‘‘any case of a separation from
active duty as described in subsection (b)’’ and inserting
in lieu thereof ‘‘the case of any individual described in
subsection (b)’’; and
(B) by striking ‘‘former member’’ and inserting in lieu
thereof ‘‘individual’’;
(2) in paragraph (1)—
(A) by striking out ‘‘former member’’ and inserting
in lieu thereof ‘‘individual’’; and
H. R. 1530—184
(B) by striking out ‘‘member’’ and inserting in lieu
thereof ‘‘individual’’;
(3) in paragraph (2), by striking out ‘‘former member’’ both
places it appears and inserting in lieu thereof ‘‘individual
described in subsection (b)’’;
(4) in paragraph (3), by striking out ‘‘former member’’ and
inserting in lieu thereof ‘‘individual described in subsection
(b)’’; and
(5) in paragraph (4), by striking out ‘‘member’’ both places
it appears and inserting in lieu thereof ‘‘individual described
in subsection (b)’’.
(c) EFFECTIVE DATE.—Section 554(b) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 1059 note) is
amended—
(1) in paragraph (1), by striking out ‘‘on or after the date
of the enactment of this Act’’ and inserting in lieu thereof
‘‘after November 29, 1993’’; and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
‘‘(2) Payments of transitional compensation under that section
in the case of any person eligible to receive payments under that
section shall be made for each month after November 1993 for
which that person may be paid transitional compensation in accord-
ance with that section.’’.
Subtitle E—Other Matters
SEC. 641. PAYMENT TO SURVIVORS OF DECEASED MEMBERS FOR ALL
LEAVE ACCRUED.
(a) INAPPLICABILITY OF 60-DAY LIMITATION.—Section 501(d) of
title 37, United States Code, is amended—
(1) in paragraph (1), by striking out the third sentence;
and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph:
‘‘(2) The limitations in the second sentence of subsection (b)(3),
subsection (f), and the second sentence of subsection (g) shall not
apply with respect to a payment made under this subsection.’’.
(b) CONFORMING AMENDMENT.—Section 501(f) of such title is
amended by striking out ‘‘, (d),’’ in the first sentence.
SEC. 642. REPEAL OF REPORTING REQUIREMENTS REGARDING COM-
PENSATION MATTERS.
(a) REPORT ON TRAVEL AND TRANSPORTATION ALLOWANCES FOR
DEPENDENTS.—(1) Section 406 of title 37, United States Code, is
amended—
(A) by striking out subsection (i); and
(B) by redesignating subsections (j), (k), (l), (m), and (n)
as subsections (i), (j), (k), (l), and (m), respectively.
(2) Section 2634(d) of title 10, United States Code, is amended
by striking out ‘‘section 406(l) of title 37’’ and inserting in lieu
thereof ‘‘section 406(k) of title 37’’.
(b) ANNUAL REVIEW OF PAY AND ALLOWANCES.—Section 1008(a)
of title 37, United States Code, is amended by striking out the
second sentence.
H. R. 1530—185
(c) REPORT ON QUADRENNIAL REVIEW OF ADJUSTMENTS IN COM-
PENSATION.—Section 1009(f) of such title is amended by striking
out ‘‘of this title,’’ and all that follows through the period at the
end and inserting in lieu thereof ‘‘of this title.’’.
SEC. 643. RECOUPMENT OF ADMINISTRATIVE EXPENSES IN GARNISH-
MENT ACTIONS.
(a) IN GENERAL.—Subsection (j) of section 5520a of title 5,
United States Code, is amended by striking out paragraph (2)
and inserting in lieu thereof the following new paragraph:
‘‘(2) Such regulations shall provide that an agency’s administra-
tive costs incurred in executing legal process to which the agency
is subject under this section shall be deducted from the amount
withheld from the pay of the employee concerned pursuant to the
legal process.’’.
(b) INVOLUNTARY ALLOTMENTS OF PAY OF MEMBERS OF THE
UNIFORMED SERVICES.—Subsection (k) of such section is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) Regulations under this subsection may also provide that
the administrative costs incurred in establishing and maintaining
an involuntary allotment be deducted from the amount withheld
from the pay of the member of the uniformed services concerned
pursuant to such regulations.’’.
(c) DISPOSITION OF AMOUNTS WITHHELD FOR ADMINISTRATIVE
EXPENSES.—Such section is further amended by adding at the end
the following:
‘‘(l) The amount of an agency’s administrative costs deducted
under regulations prescribed pursuant to subsection (j)(2) or (k)(3)
shall be credited to the appropriation, fund, or account from which
such administrative costs were paid.’’.
SEC. 644. REPORT ON EXTENDING TO JUNIOR NONCOMMISSIONED
OFFICERS PRIVILEGES PROVIDED FOR SENIOR NON-
COMMISSIONED OFFICERS.
(a) REPORT REQUIRED.—Not later than February 1, 1996, the
Secretary of Defense shall submit to Congress a report containing
the determinations of the Secretary regarding whether, in order
to improve the working conditions of noncommissioned officers in
pay grades E–5 and E–6, any of the privileges afforded noncommis-
sioned officers in any of the pay grades above E–6 should be
extended to noncommissioned officers in pay grades E–5 and
E–6.
(b) SPECIFIC
RECOMMENDATION
REGARDING
ELECTION
OF
BAS.—The Secretary shall include in the report a determination
on whether noncommissioned officers in pay grades E–5 and
E–6 should be afforded the same privilege as noncommissioned
officers in pay grades above E–6 to elect to mess separately and
receive the basic allowance for subsistence.
(c) ADDITIONAL MATTERS.—The report shall also contain a
discussion of the following matters:
(1) The potential costs of extending additional privileges
to noncommissioned officers in pay grades E–5 and E–6.
(2) The effects on readiness that would result from extend-
ing the additional privileges.
(3) The options for extending the privileges on an incremen-
tal basis over an extended period.
H. R. 1530—186
(d) RECOMMENDED LEGISLATION.—The Secretary shall include
in the report any recommended legislation that the Secretary
considers necessary in order to authorize extension of a privilege
as determined appropriate under subsection (a).
SEC. 645. STUDY REGARDING JOINT PROCESS FOR DETERMINING
LOCATION OF RECRUITING STATIONS.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study regarding the feasibility of—
(1) using a joint process among the Armed Forces for deter-
mining the location of recruiting stations and the number of
military personnel required to operate such stations; and
(2) basing such determinations on market research and
analysis conducted jointly by the Armed Forces.
(b) REPORT.—Not later than March 31, 1996, the Secretary
of Defense shall submit to Congress a report describing the results
of the study. The report shall include a recommended method
for measuring the efficiency of individual recruiting stations, such
as cost per accession or other efficiency standard, as determined
by the Secretary.
SEC. 646. AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEN’S
GROUP LIFE INSURANCE.
Effective April 1, 1996, section 1967 of title 38, United States
Code, is amended—
(1) in subsections (a) and (c), by striking out ‘‘$100,000’’
each place it appears and inserting in lieu thereof in each
instance ‘‘$200,000’’;
(2) by striking out subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
SEC. 647. TERMINATION OF SERVICEMEN’S GROUP LIFE INSURANCE
FOR MEMBERS OF THE READY RESERVE WHO FAIL TO
PAY PREMIUMS.
(a) AUTHORITY.—Section 1969(a)(2) of title 38, United States
Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(B) If an individual who is required pursuant to subparagraph
(A) to make a direct remittance of costs to the Secretary concerned
fails to make the required remittance within 60 days of the date
on which such remittance is due, such individual’s insurance with
respect to which such remittance is required shall be terminated
by the Secretary concerned. Such termination shall be made by
written notice to the individual’s official address and shall be effec-
tive 60 days after the date of such notice. Such termination of
insurance may be vacated if, before the effective date of termination,
the individual remits all amounts past due for such insurance
and demonstrates to the satisfaction of the Secretary concerned
that the failure to make timely remittances was justifiable.’’.
(b) CONFORMING AMENDMENT.—Section 1968(a) is amended by
inserting ‘‘(or discontinued pursuant to section 1969(a)(2)(B) of this
title)’’ in the matter preceding paragraph (1) after ‘‘upon the written
request of the insured’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on April 1, 1996.
H. R. 1530—189
scheduled for deployment within 75 days after mobilization the
following medical and dental services:
‘‘(A) An annual medical screening.
‘‘(B) For members who are over 40 years of age, a full
physical examination not less often than once every two years.
‘‘(C) An annual dental screening.
‘‘(D) The dental care identified in an annual dental screen-
ing as required to ensure that a member meets the dental
standards required for deployment in the event of mobilization.
‘‘(2) The services provided under this subsection shall be pro-
vided at no cost to the member.’’.
(b) CONFORMING REPEALS.—Sections 1117 and 1118 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI
of Public Law 102–484; 10 U.S.C. 3077 note) are repealed.
SEC. 705. DENTAL INSURANCE FOR MEMBERS OF THE SELECTED
RESERVE.
(a) PROGRAM AUTHORIZATION.—(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1076a
the following new section:
‘‘§ 1076b. Selected Reserve dental insurance
‘‘(a) AUTHORITY TO ESTABLISH PLAN.—The Secretary of Defense
shall establish a dental insurance plan for members of the Selected
Reserve of the Ready Reserve. The plan shall provide for voluntary
enrollment and for premium sharing between the Department of
Defense and the members enrolled in the plan. The plan shall
be administered under regulations prescribed by the Secretary of
Defense.
‘‘(b) PREMIUM SHARING.—(1) A member enrolling in the dental
insurance plan shall pay a share of the premium charged for the
insurance coverage. The member’s share may not exceed $25 per
month.
‘‘(2) The Secretary of Defense may reduce the monthly premium
required to be paid by enlisted members under paragraph (1) if
the Secretary determines that the reduction is appropriate in order
to assist enlisted members to participate in the dental insurance
plan.
‘‘(3) A member’s share of the premium for coverage by the
dental insurance plan shall be deducted and withheld from the
basic pay payable to the member for inactive duty training and
from the basic pay payable to the member for active duty.
‘‘(4) The Secretary of Defense shall pay the portion of the
premium charged for coverage of a member under the dental insur-
ance plan that exceeds the amount paid by the member.
‘‘(c) BENEFITS AVAILABLE UNDER THE PLAN.—The dental insur-
ance plan shall provide benefits for basic dental care and treatment,
including diagnostic services, preventative services, basic restorative
services, and emergency oral examinations.
‘‘(d) TERMINATION OF COVERAGE.—The coverage of a member
by the dental insurance plan shall terminate on the last day of
the month in which the member is discharged, transfers to the
Individual Ready Reserve, Standby Reserve, or Retired Reserve,
or is ordered to active duty for a period of more than 30 days.’’.
H. R. 1530—190
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1076a
the following:
‘‘1076b. Selected Reserve dental insurance.’’.
(b) IMPLEMENTATION.—Beginning not later than October 1,
1996, the Secretary of Defense shall offer members of the Selected
Reserve the opportunity to enroll in the dental insurance plan
required under section 1076b of title 10, United States Code (as
added by subsection (a)). During fiscal year 1996, the Secretary
shall collect such information and complete such planning and
other preparations as are necessary to offer and administer the
dental insurance plan by that date. The activities undertaken by
the Secretary under this subsection during fiscal year 1996 may
include—
(1) surveys; and
(2) tests, in not more than three States, of a dental insur-
ance plan or alternative dental insurance plans meeting the
requirements of section 1076b of title 10, United States Code.
SEC. 706. PERMANENT AUTHORITY TO CARRY OUT SPECIALIZED
TREATMENT FACILITY PROGRAM.
Section 1105 of title 10, United States Code, is amended by
striking out subsection (h).
Subtitle B—TRICARE Program
SEC. 711. DEFINITION OF TRICARE PROGRAM.
For purposes of this subtitle, the term ‘‘TRICARE program’’
means the managed health care program that is established by
the Secretary of Defense under the authority of chapter 55 of
title 10, United States Code, principally section 1097 of such title,
and includes the competitive selection of contractors to financially
underwrite the delivery of health care services under the Civilian
Health and Medical Program of the Uniformed Services.
SEC. 712. PRIORITY USE OF MILITARY TREATMENT FACILITIES FOR
PERSONS ENROLLED IN MANAGED CARE INITIATIVES.
Section 1097(c) of title 10, United States Code, is amended
in the third sentence by striking out ‘‘However, the Secretary may’’
and inserting in lieu thereof ‘‘Notwithstanding the preferences
established by sections 1074(b) and 1076 of this title, the Secretary
shall’’.
SEC. 713. STAGGERED PAYMENT OF ENROLLMENT FEES FOR TRICARE
PROGRAM.
Section 1097(e) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘Without imposing
additional costs on covered beneficiaries who participate in contracts
for health care services under this section or health care plans
offered under section 1099 of this title, the Secretary shall permit
such covered beneficiaries to pay, on a quarterly basis, any enroll-
ment fee required for such participation.’’.
SEC. 714. REQUIREMENT OF BUDGET NEUTRALITY FOR TRICARE PRO-
GRAM TO BE BASED ON ENTIRE PROGRAM.
(a) CHANGE
IN BUDGET NEUTRALITY REQUIREMENTS.—Sub-
section (c) of section 731 of the National Defense Authorization
H. R. 1530—191
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 1073
note) is amended—
(1) by striking out ‘‘each managed health care initiative
that includes the option’’ and inserting in lieu thereof ‘‘the
TRICARE program’’; and
(2) by striking out ‘‘covered beneficiaries who enroll in
the option’’ and inserting in lieu thereof ‘‘members of the uni-
formed services and covered beneficiaries who participate in
the TRICARE program’’.
(b) ADDITION
OF DEFINITION
OF TRICARE PROGRAM.—Sub-
section (d) of such section is amended to read as follows:
‘‘(d) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘covered beneficiary’ means a beneficiary
under chapter 55 of title 10, United States Code, other than
a beneficiary under section 1074(a) of such title.
‘‘(2) The term ‘TRICARE program’ means the managed
health care program that is established by the Secretary of
Defense under the authority of chapter 55 of title 10, United
States Code, principally section 1097 of such title, and includes
the competitive selection of contractors to financially underwrite
the delivery of health care services under the Civilian Health
and Medical Program of the Uniformed Services.’’.
SEC. 715. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINIS-
TRATION FOR TRICARE LEAD AGENTS.
(a) PROVISION OF TRAINING.—Not later than six months after
the date of the enactment of this Act, the Secretary of Defense
shall implement a professional educational program to provide
appropriate training in health care management and administra-
tion—
(1) to each commander of a military medical treatment
facility of the Department of Defense who is selected to serve
as a lead agent to coordinate the delivery of health care by
military and civilian providers under the TRICARE program;
and
(2) to appropriate members of the support staff of the
treatment facility who will be responsible for daily operation
of the TRICARE program.
(b) REPORT ON IMPLEMENTATION.—Not later than six months
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report describing the professional edu-
cational program implemented pursuant to this section.
SEC. 716. PILOT PROGRAM OF INDIVIDUALIZED RESIDENTIAL MEN-
TAL HEALTH SERVICES.
(a) PROGRAM REQUIRED.—(1) During fiscal year 1996, the Sec-
retary of Defense, in consultation with the other administering
Secretaries under chapter 55 of title 10, United States Code, shall
implement a pilot program to provide residential and wraparound
services to children described in paragraph (2) who are in need
of mental health services. The Secretary shall implement the pilot
program for an initial period of at least two years in a military
health care region in which the TRICARE program has been
implemented.
(2) A child shall be eligible for selection to participate in the
pilot program if the child is a dependent (as described in subpara-
graph (D) or (I) of section 1072(2) of title 10, United States Code)
who—
H. R. 1530—192
(A) is eligible for health care under section 1079 or 1086
of such title; and
(B) has a serious emotional disturbance that is generally
regarded as amenable to treatment.
(b) WRAPAROUND SERVICES DEFINED.—For purposes of this sec-
tion, the term ‘‘wraparound services’’ means individualized mental
health services that are provided principally to allow a child to
remain in the family home or other least-restrictive and least-
costly setting, but also are provided as an aftercare planning service
for children who have received acute or residential care. Such
term includes nontraditional mental health services that will assist
the child to be maintained in the least-restrictive and least-costly
setting.
(c) PILOT PROGRAM AGREEMENT.—Under the pilot program the
Secretary of Defense shall enter into one or more agreements that
require a mental health services provider under the agreement—
(1) to provide wraparound services to a child described
in subsection (a)(2);
(2) to continue to provide such services as needed during
the period of the agreement even if the child moves to another
location within the same TRICARE program region during
that period; and
(3) to share financial risk by accepting as a maximum
annual payment for such services a case-rate reimbursement
not in excess of the amount of the annual standard CHAMPUS
residential treatment benefit payable (as determined in accord-
ance with section 8.1 of chapter 3 of volume II of the CHAMPUS
policy manual).
(d) REPORT.—Not later than March 1, 1998, 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
Representatives a report on the program carried out under this
section. The report shall contain—
(1) an assessment of the effectiveness of the program; and
(2) the Secretary’s views regarding whether the program
should be implemented throughout the military health care
system.
SEC. 717. EVALUATION 
AND 
REPORT 
ON 
TRICARE 
PROGRAM
EFFECTIVENESS.
(a) EVALUATION REQUIRED.—The Secretary of Defense shall
arrange for an on-going evaluation of the effectiveness of the
TRICARE program in meeting the goals of increasing the access
of covered beneficiaries under chapter 55 of title 10, United States
Code, to health care and improving the quality of health care
provided to covered beneficiaries, without increasing the costs
incurred by the Government or covered beneficiaries. The evaluation
shall specifically address—
(1) the impact of the TRICARE program on military retirees
with regard to access, costs, and quality of health care services;
and
(2) identify noncatchment areas in which the health
maintenance organization option of the TRICARE program is
available or is proposed to become available.
(b) ENTITY TO CONDUCT EVALUATION.—The Secretary may use
a federally funded research and development center to conduct
the evaluation required by subsection (a).