128
SEC. 374. MODIFICATION OF NOTIFICATION REQUIREMENT
REGARDING USE OF CORE LOGISTICS FUNC-
TIONS WAIVER.
Section 2464(b) of title 10, United States Code, is
amended by striking out paragraphs (3) and (4) and in-
serting in lieu thereof the following new paragraph:
‘‘(3) A waiver under paragraph (2) may not take ef-
fect until the end of the 30-day period beginning on the
date on which the Secretary submits a report on the waiv-
er to the Committee on Armed Services and the Commit-
tee on Appropriations of the Senate and the Committee
on National Security and the Committee on Appropria-
tions of the House of Representatives.’’.
SEC. 375. LIMITATION ON DEVELOPMENT OR MODERNIZA-
TION OF AUTOMATED INFORMATION SYS-
TEMS OF DEPARTMENT OF DEFENSE PEND-
ING REPORT.
(a) OBLIGATIONS AND EXPENDITURES SUBJECT TO
REPORT.—Of the amounts appropriated pursuant to the
authorization of appropriations in section 301, the Sec-
retary of Defense may not obligate or expend amounts in
excess of $2,411,947,000 for the development and mod-
ernization of automated data processing programs of the
Department of Defense until after the end of the 30-day
period beginning on the date on which the Inspector Gen-
129
eral of the Department of Defense submits to Congress
a report that—
(1) addresses the ongoing concerns about per-
formance measures and management controls re-
garding automated information systems;
(2) certifies that the Inspector General has
completed review of the Base Level System Mod-
ernization and the Sustaining Base Information Sys-
tem;
(3) certifies that the Inspector General has
completed the tasks identified in the review of
Standard Installation/Division Personnel System-3;
(4) provides complete functional economic anal-
yses for Automated System for Transportation
Data, Electronic Data Interchange, Flexible Com-
puter Integrated Manufacturing, Navy Tactical
Command Support System, and Defense Informa-
tion System Network;
(5) contains the resolution of the existing prob-
lems with the Defense Information System Network,
Continuous Acquisition and Life-Cycle Support, and
the Joint Computer-Aided Acquisition and Logistics
Support;
(6) provides the necessary waivers regarding
compelling military value, or provides complete func-
130
tional economic analyses, regarding Air Force
Wargaming Center Air Force Command Exercise
System, Cheyenne Mountain Upgrade, Transpor-
tation Coordinator Automated Command and Con-
trol Information Systems, and Wing Command and
Control System; and
(7) certifies the termination of the Personnel
Electronic Record Management System or provides
justification for the continued need for the program.
(b) AUTOMATED INFORMATION SYSTEM DEFINED.—
For purposes of this section, the term ‘‘automated infor-
mation system’’ means an automated information system
of the Department of Defense subject to section 381 of
the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2738; 10 U.S.C.
113 note).
SEC. 376. REPORT REGARDING REDUCTION OF COSTS AS-
SOCIATED WITH CONTRACT MANAGEMENT
OVERSIGHT.
(a) REPORT REQUIRED.—Not later than April 1,
1996, the Comptroller General of the United States shall
submit to Congress a report identifying methods to reduce
the cost to the Department of Defense of management
oversight of contracts in connection with major defense ac-
quisition programs.
131
(b) MAJOR DEFENSE ACQUISITION PROGRAMS DE-
FINED.—For purposes of this section, the term ‘‘major de-
fense acquisition programs’’ has the meaning given that
term in section 2430(a) of title 10, United States Code.
Subtitle H—Other Matters
SEC. 381. PROHIBITION ON CAPITAL LEASE FOR DEFENSE
BUSINESS MANAGEMENT UNIVERSITY.
None of the funds appropriated to the Department
of Defense for fiscal year 1996 may be used to enter into
any lease with respect to the Center for Financial Manage-
ment Education and Training of the Defense Business
Management University if the lease would be treated as
a capital lease for budgetary purposes.
SEC. 382. AUTHORITY OF INSPECTOR GENERAL OVER IN-
VESTIGATIONS OF PROCUREMENT FRAUD.
(a) AUTHORITY.—Section 141 of title 10, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(c) The Inspector General shall be responsible for
and shall oversee all investigations of procurement fraud
within the Department of Defense.’’.
(b) IMPLEMENTATION.—The Secretary of Defense
shall take such action as may be necessary to implement
the amendment made by subsection (a).
132
SEC. 383. PROVISION OF EQUIPMENT AND FACILITIES TO
ASSIST IN EMERGENCY RESPONSE ACTIONS.
Section 372 of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘Assistance provided under this section may include train-
ing facilities, sensors, protective clothing, antidotes, and
other materials and expertise of the Department of De-
fense appropriate for use by a Federal, State, or local law
enforcement or emergency response agency in preparing
for or responding to an emergency involving chemical or
biological agents if the Secretary determines that the ma-
terials or services to be provided are not reasonably avail-
able from another source.’’.
SEC. 384. CONVERSION OF THE CIVILIAN MARKSMANSHIP
PROGRAM TO A FEDERALLY CHARTERED
NONPROFIT CORPORATION.
(a) CORPORATION.—
(1) ESTABLISHMENT.—There is hereby estab-
lished a private nonprofit corporation, to be known
as the Corporation for the Promotion of Rifle Prac-
tice and Firearms Safety (in this section referred to
as the ‘‘Corporation’’), for the promotion of rifle
practice and firearms safety.
(2) DUTIES.—The Corporation shall be respon-
sible for the supervision, oversight, and control of
the Civilian Marksmanship Program.
133
(3) MEMBERSHIP.—The Corporation shall have
a board of directors consisting of nine members.
Each member shall serve for a two-year term, except
for four members of the initial board of directors,
who shall serve a one-year term, and shall be eligible
for reappointment. The private members of the Na-
tional Board for the Promotion of Rifle Practice, as
in existence on the day before the date of the enact-
ment of this Act, shall forward nominations for
membership on the initial board of directors of the
Corporation to the governing body designated by the
United States Olympic Committee for international
rifle and pistol competition (in this section referred
to as the ‘‘USOC designee’’) not later than 10 days
after the date of the enactment of this Act. Unless
the nomination is rejected by the USOC designee by
written notification to the existing members of the
National Board within 30 days of the nomination,
the nominee shall be seated as a member of the
board of directors of the Corporation. Members of
the board of directors shall nominate individuals to
fill subsequent vacancies within 10 days of the va-
cancy, with a right of rejection reserved to the
USOC designee by written notification to the Cor-
poration within 30 days of each nomination.
134
(4) DIRECTOR
OF
CIVILIAN
MARKSMANSHIP
AND STAFF.—The Corporation shall appoint a per-
son to serve as the Director of Civilian Marksman-
ship, who shall be responsible for the day to day op-
erations of the Corporation and the Civilian Marks-
manship Program. Subject to the approval of the
Corporation, the Director and civilian employees of
the Corporation may enroll or remain enrolled with-
out penalty or loss of credit in all pension and bene-
fits programs available to civilian employees of the
Department of Defense, the employer’s contribution
to be paid by the Corporation.
(b) SOLICITATION AND RECEIPT OF FUNDS.—
(1) IN GENERAL.—The Corporation and the Di-
rector may solicit, accept, hold, use, and dispose of,
in furtherance of the activities of the Civilian Marks-
manship Program, donations of money, property,
and services received by gift, devise, bequest, or oth-
erwise.
(2) USE OF PROCEEDS.—Amounts collected by
the Civilian Marksmanship Program, including the
proceeds from the sale of arms, ammunition, targets
and other supplies and appliances, shall be used to
carry out the Civilian Marksmanship Program.
135
(3) TRANSFER OF FUNDS.—Amounts available
to the National Board for the Promotion of Rifle
Practice as of the date of enactment of this Act
from rifle sales programs and from fees in connec-
tion with competitions sponsored by that board shall
be transferred to the Corporation to carry out the
Civilian Marksmanship Program.
(4) FEES CHARGED.—The Corporation may im-
pose such reasonable fees as are necessary to cover
the direct and indirect costs to the Corporation, for
persons and gun clubs participating in any program
or competition conducted under the Civilian Marks-
manship Program for the promotion of rifle practice
and firearms safety among civilians.
(c) RESPONSIBILITIES.—The Corporation, through
the Civilian Marksmanship Program, shall provide for—
(1) the operation and maintenance of indoor
and outdoor rifle ranges and their accessories and
appliances;
(2) the instruction of citizens of the United
States in marksmanship, and the employment of
trained instructors for the purpose;
(3) the promotion of practice in the use of ri-
fled arms and the maintenance and management of
136
matches and competitions in the use of those arms;
and
(4) the award to competitors of trophies, prizes,
badges, and other insignia.
(d) YOUTH ACTIVITIES.—The Corporation, through
the Civilian Marksmanship Program, shall give priority to
activities that benefit firearms safety training and com-
petition for youth and reach as many youth participants
as possible.
(e) ELIGIBILITY.—
(1) AFFIDAVIT.—Before a person may partici-
pate in any activity sponsored or supported by the
Civilian Marksmanship Program, the person shall be
required to certify by affidavit the following:
(A) The person has not been convicted of
any violation of section 922 of title 18, United
States Code. The Director may require any per-
son to attach certification from the appropriate
State or Federal law enforcement agency to the
person’s affidavit.
(B) The person is not a member of any or-
ganization that advocates the violent overthrow
of the United States Government.
(2) EFFECT OF CONVICTION.—A person who
has been convicted of a violation of section 922 of
137
title 18, United States Code, shall not be eligible to
participate in any activity sponsored or supported by
the Corporation through the Civilian Marksmanship
Program.
(3) FURTHER
LIMITATIONS
ON
PARTICIPA-
TION.—The Director may limit participation as nec-
essary to ensure quality instruction in the rifled
arms, participant safety, and firearms security.
(f) ARMS AND AMMUNITION.—
(1) ISSUANCE.—The Corporation may issue,
without cost, the arms, ammunition (including cali-
ber .22 and caliber .30 ammunition), targets, and
other supplies and appliances necessary for activities
related to the Civilian Marksmanship Program. Issu-
ance shall be made only to gun clubs under the di-
rection of the Corporation that provide training in
the use of rifled arms to youth, the Boy Scouts of
America, 4–H Clubs, Future Farmers of America,
and other youth-oriented organizations for training
and competition. The Corporation shall be respon-
sible for ensuring adequate oversight and account-
ability for these arms and ammunition.
(2) SALE TO CLUBS.—The Corporation may sell
at fair market value caliber .30 rifles and ammuni-
tion for caliber .30 rifles, .22 rifles, and air rifles to
138
gun clubs that are under the direction of the Cor-
poration and provide training in the use of rifled
arms. In lieu of sales, the Civilian Marksmanship
Program may loan caliber .30 rifles, .22 rifles, and
air rifles to such clubs, but the Corporation is re-
sponsible for ensuring the oversight and accountabil-
ity of such rifles.
(3) SALE TO INDIVIDUALS.—The Corporation
may sell at fair market value caliber .30 rifles, am-
munition, targets, and other supplies and appliances
necessary for target practice to citizens of the Unit-
ed States over 18 years of age who are members of
a gun club under the direction of the Corporation.
Such sales are subject to applicable Federal, State,
and local laws. In addition to any other requirement,
the Corporation shall provide for a criminal records
check of the person with appropriate Federal and
State law enforcement agencies, and the Corporation
shall not sell weapons or ammunition to a person
who has been convicted of a felony or Federal or
State firearms violation.
(g) OTHER DUTIES.—The Corporation shall provide
for or assist in providing for—
(1) the procurement of necessary supplies, ap-
pliances, trophies, prizes, badges, and other insignia,
139
clerical and other services, and labor to carry out the
Civilian Marksmanship Program; and
(2) transportation of employees, instructors,
and civilians to give or receive instruction or to as-
sist or engage in practice in the use of rifled arms,
and the transportation and subsistence, or an allow-
ance in lieu of subsistence, of members of teams au-
thorized by the Corporation to participate in
matches or competitions in the use of rifled arms.
(h) AUTHORITY OF SECRETARY OF DEFENSE TO
SELL SURPLUS ARMS AND AMMUNITION.—Subject to sec-
tion 1208 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101–189; 10
U.S.C. 372 note), relating to the transfer of excess small
arms and ammunition to support Government counter-
drug activities, the Secretary of the Army shall reserve
for the Civilian Marksmanship Program all remaining M–
1 Garand rifles, and ammunition for such rifles, held by
the Army on the date of the enactment of this Act. After
such date, the Secretary of the Army shall cease demili-
tarization of remaining M–1 Garand rifles in the Army
inventory unless such rifles are determined to be irrep-
arable by the Defense Logistics Agency. Any transfers of
arms and ammunition to the Corporation under this sec-
tion shall be made without cost to the Civilian Marksman-
140
ship Program, except that the Corporation shall assume
the cost of preparation and transportation of the trans-
ferred rifles.
(i) LOGISTICAL SUPPORT TO CIVILIAN MARKSMAN-
SHIP PROGRAM.—The Secretary of Defense, under such
regulations as the Secretary may prescribe, may provide
logistical support to the Civilian Marksmanship Program,
for competitions and other activities conducted by the Cor-
poration. The Secretary shall recoup only the incremental
cost for this support from the Corporation. The National
Matches may continue to be held at the current Depart-
ment of Defense facilities as part of the support author-
ized under this section.
(j) REPEAL.—(1) Sections 4307, 4308, 4310, and
4311 of title 10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter
401 of such title is amended by striking out the items re-
lating to sections 4307, 4308, 4310, and 4311.
SEC. 385. PERSONNEL SERVICES AND LOGISTICAL SUP-
PORT FOR CERTAIN ACTIVITIES HELD ON
MILITARY INSTALLATIONS.
Section 2544 of title 10, United States Code, is
amended—
(1) by redesignating subsection (g) as sub-
section (h); and
141
(2) by inserting after subsection (f) the follow-
ing new subsection:
‘‘(g) In the case of a Boy Scout Jamboree held on
a United States military installation, the Secretary of De-
fense may provide personnel services and logistical support
at the military installation in addition to the support au-
thorized under subsections (a) and (d).’’.
SEC. 386. RETENTION OF MONETARY AWARDS.
(a) MONETARY AWARDS.—Chapter 155 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2610. Acceptance of monetary awards from com-
petition for excellence
‘‘(a) ACCEPTANCE AUTHORIZED.—The Secretary of
Defense may accept any monetary award given to the De-
partment of Defense by a nongovernmental entity as an
award in competition recognizing excellence or innovation
in providing services or administering programs.
‘‘(b) DISPOSITION OF AWARDS.—(1) Subject to para-
graph (2), a monetary award accepted under subsection
(a) shall be credited to the appropriation supporting the
operation of the command, installation, or other activity
that is recognized for the award and, in such amount as
is provided in advance in appropriation Acts, shall be
142
available for the same purposes as the underlying appro-
priation.
‘‘(2) Subject to such limitations as may be provided
in appropriation Acts, the Secretary of Defense may dis-
burse an amount not to exceed 50 percent of the monetary
award to persons who are responsible for the excellence
or innovation recognized by the award. A person may not
receive more than $10,000 under the authority of this
paragraph from any monetary reward.
‘‘(c) INCIDENTAL EXPENSES.—Subject to such limi-
tations as may be provided in appropriation Acts, appro-
priations available to the Department of Defense may be
used to pay incidental expenses incurred to compete in a
competition described in subsection (a) or to accept a
monetary award under this section.
‘‘(d) REGULATIONS AND REPORTING.—(1) The Sec-
retary of Defense shall prescribe regulations to determine
the disposition of any monetary awards accepted under
this section and the payment of incidental expenses under
subsection (c).
‘‘(2) The Secretary of Defense shall submit to Con-
gress an annual report describing the disposition of any
monetary awards accepted under this section and the pay-
ment of any incidental expenses under this subsection
(c).’’.
143
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2610. Acceptance of monetary awards from competition for excellence.’’.
SEC. 387. CIVIL RESERVE AIR FLEET.
Section 9512 of title 10, United States Code, is
amended by striking out ‘‘full’’ before ‘‘Civil Reserve Air
Fleet’’ in subsections (b)(2) and (e).
SEC. 388. PERMANENT AUTHORITY REGARDING USE OF
PROCEEDS FROM SALE OF LOST, ABAN-
DONED, AND UNCLAIMED PERSONAL PROP-
ERTY AT CERTAIN INSTALLATIONS.
(a) CONVERSION
OF EXISTING DEMONSTRATION
PROJECT.—Section 343 the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law
102–190; 105 Stat. 1343) is amended by striking out sub-
sections (d) and (e) and inserting in lieu thereof the fol-
lowing new subsection:
‘‘(d) APPLICATION OF SPECIAL RULE.—The special
rule provided by subsection (a) shall apply with respect
to the disposal under section 2575 of title 10, United
States Code, of property found on the military installa-
tions referred to in subsection (b).’’.
(b) CONFORMING AMENDMENTS.—Subsection (a) of
such section is amended—
144
(1) 
by 
striking 
out 
‘‘DEMONSTRATION
PROJECT’’ in the subsection heading and inserting
in lieu thereof ‘‘SPECIAL RULE REGARDING PRO-
CEEDS’’; and
(2) by striking out ‘‘demonstration project’’ and
inserting in lieu thereof ‘‘permanent program’’.
SEC. 389. TRANSFER OF EXCESS PERSONAL PROPERTY TO
SUPPORT LAW ENFORCEMENT ACTIVITIES.
Section 1208(a)(1)(A) of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991 (P.L.
101–189; 10 U.S.C. 372 note) is amended by striking out
‘‘counter-drug activities’’ and inserting in lieu thereof ‘‘law
enforcement activities, including counter-drug activities’’.
SEC. 390. DEVELOPMENT AND IMPLEMENTATION OF INNO-
VATIVE PROCESSES TO IMPROVE OPERATION
AND MAINTENANCE.
Of the amounts authorized to be appropriated under
section 301(5), $350,000,000 shall be available to the Sec-
retary of Defense for the development or acquisition of
information technologies and reengineered functional proc-
esses, such as in the areas of personnel management, fi-
nance, and depot-level maintenance, for implementation
within the Department of Defense. Before obligating or
expending funds under this section for an information
technology or reengineered functional process, the Sec-
145
retary shall certify to Congress that the information tech-
nology or reengineered functional process—
(1) demonstrates a rate of return, within three
years, of 300 percent compared to the investment
made under this section; or
(2) would have a measurable effect upon the ef-
fectiveness of the readiness of the Armed Forces or
the operation and management of the Department of
Defense.
SEC. 391. REVIEW OF USE OF DEFENSE LOGISTICS AGENCY
TO MANAGE INVENTORY CONTROL POINTS.
(a) REVIEW
OF CONSOLIDATION
OF INVENTORY
CONTROL POINTS.—The Secretary of Defense shall con-
duct a review regarding the consolidation under the De-
fense Logistics Agency of all inventory control points, in-
cluding the inventory management and acquisition of
depot-level repairables.
(b) SUBMISSION
OF
RESULTS.—Not later than
March 31, 1996, the Secretary shall complete the review
and submit a report to the congressional defense commit-
tees describing the results the review.
(c) LIMITATION ON IMPLEMENTATION OF MATERIEL
MANAGEMENT STANDARD SYSTEM.—Pending the submis-
sion of the report, the Secretary of Defense may not pro-
ceed with the implementation of the automated data proc-
146
essing program of the Department of Defense known as
the Materiel Management Standard System.
SEC. 392. SALE OF 50 PERCENT OF CURRENT WAR RESERVE
FUEL STOCKS.
(a) 
SALE
REQUIRED.—Notwithstanding 
section
2390(a) of title 10, United States Code, the Secretary of
Defense shall reduce war reserve fuel stocks of the Depart-
ment of Defense to a level equal to 50 percent of the level
of such stocks on January 1, 1995. The Secretary shall
achieve the reduction through consumption of fuel in the
Department of Defense and, if necessary, sales of fuel out-
side the Department to the highest qualified bidders.
(b) SUBSEQUENT FUEL PURCHASES.—After the date
of the enactment of this Act, fuel purchases for the De-
partment of Defense shall be made on the basis of the
actual fuel needs of the Department.
(c) REPORT.—Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a report
describing the manner in which the reduction of war re-
serve fuel stocks is to be made and the time period within
which the reduction is to be achieved.
(d) SUSPENSION OF REDUCTION; INCREASES.—The
Secretary of Defense may suspend the reduction of war
reserve fuel stocks, and in fact increase such stocks as
otherwise authorized by law, in the event of a national
147
emergency or to advance the national security interests of
the United States.
SEC. 393. MILITARY CLOTHING SALES STORES, REPLACE-
MENT SALES.
(a) IN GENERAL.—(1) Chapter 651 of title 10, Unit-
ed States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 7606. Subsistence and other supplies: members of
armed forces; veterans; executive or mili-
tary departments and employees; prices
‘‘(a) The branch, office, or officer designated by the
Secretary of the Navy shall procure and sell, for cash or
credit—
‘‘(1) articles specified by the Secretary of the
Navy or a person designated by the Secretary, to
members of the Navy and Marine Corps; and
‘‘(2) items of individual clothing and equipment
to members of the Navy and Marine Corps, under
such restrictions as the Secretary may prescribe.
An account of sales on credit shall be kept and the amount
due reported to any branch office, or officer designated
by the Secretary. Except for articles and items acquired
through the use of working capital funds under section
2208 of this title, sales of articles shall be at cost, and
sales of individual clothing and equipment shall be at aver-
148
age current prices, including overhead, as determined by
the Secretary.
‘‘(b) The branch, office, or officer designated by the
Secretary shall sell subsistence supplies to members of
other armed forces at the prices at which like property
is sold to members of the Navy and Marine Corps.
‘‘(c) The branch, office, or officer designated by the
Secretary may sell serviceable supplies, other than subsist-
ence supplies, to members of other armed forces at the
prices at which like property is sold to members of the
Navy and Marine Corps.
‘‘(d) A person who has been discharged honorably or
under honorable conditions from the Army, Navy, Air
Force, or Marine Corps and who is receiving care and
medical treatment from the Public Health Service or the
Department of Veterans Affairs may buy subsistence sup-
plies and other supplies, except articles of uniform, at the
prices at which like property is sold to members of the
Navy and Marine Corps.
‘‘(e) Under such conditions as the Secretary may pre-
scribe, exterior articles of uniform may be sold to a person
who has been discharged from the Navy or Marine Corps
honorably or under honorable conditions at the prices at
which like articles are sold to members of the Navy or
149
Marine Corps. This subsection does not modify section
772 or 773 of this title.
‘‘(f) Under regulations prescribed by the Secretary,
payment for subsistence supplies shall be made in cash
or by commercial credit.
‘‘(g) The Secretary may provide for the procurement
and sale of stores designated by him to such civilian offi-
cers and employees of the United States, and such other
persons, as he considers proper—
‘‘(1) at military installations outside the United
States (provided such sales conform with host nation
support agreements); and
‘‘(2) at military installations inside the United
States where the Secretary determines that it is im-
practicable for those civilian officers, employees, and
persons to obtain those stores from commercial en-
terprises without impairing the efficient operation of
military activities.
However, sales to such civilian officers and employees in-
side the United States may be only to those who reside
within military installations.
‘‘(h) Appropriations for subsistence of the Navy or
Marine Corps may be applied to the purchase of subsist-
ence supplies for sale to members of the Navy and Marine
150
Corps on active duty for the use of themselves and their
families.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘7606. Subsistence and other supplies: members of armed forces; veterans; exec-
utive or military departments and employees; prices.’’.
(b) CONFORMING AMENDMENTS FOR OTHER ARMED
FORCES.—(1) Section 4621(f) of such title is amended by
inserting before the period at the end the following: ‘‘or
by commercial credit’’.
(2) Section 9621(f) of such title is amended by insert-
ing before the period at the end the following: ‘‘or by com-
mercial credit’’.
SEC. 394. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE
PROGRAM.—Of the amounts authorized to be appro-
priated in section 301(5)—
(1) $50,000,000 shall be available for providing
educational agencies assistance (as defined in sub-
section (d)(1)) to local educational agencies; and
151
(2) $8,000,000 shall be available for making
educational agencies payments (as defined in sub-
section (d)(2)) to local educational agencies.
(b) NOTIFICATION OF AVAILABILITY OF FUNDS.—
Not later than June 30, 1996—
(1) the Secretary of Defense shall notify each
local educational agency that is eligible for edu-
cational agencies assistance for fiscal year 1996 of
that agency’s eligibility for such assistance and the
amount of such assistance for which that agency is
eligible; and
(2) the Secretary of Education shall notify each
local educational agency that is eligible for an edu-
cational agencies payment for fiscal year 1996 of
that agency’s eligibility for such payment and the
amount of the payment for which that agency is eli-
gible.
(c) DISBURSEMENT.—The Secretary of Defense
(with respect to funds made available under subsection
(a)(1)) and the Secretary of Education (with respect to
funds made available under subsection (a)(2)) shall dis-
burse such funds not later than 30 days after the date
on which notification to the eligible local education agen-
cies is provided pursuant to subsection (b).
(d) DEFINITIONS.—For purposes of this section:
152
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under subsection (b) of
section 386 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 20
U.S.C. 238 note).
(2) The term ‘‘educational agencies payments’’
means payments authorized under subsection (d) of
that section.
(e) REDUCTION
IN
IMPACT
THRESHOLD.—Sub-
section (c)(1) of section 386 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law 102–
484; 20 U.S.C. 238 note) is amended—
(1) by striking out ‘‘30 percent’’ and inserting
in lieu thereof ‘‘20 percent’’; and
(2) by striking out ‘‘counted under subsection
(a) or (b) of section 3 of the Act of September 30,
1950 (Public Law 874, Eighty-first Congress; 20
U.S.C. 238)’’.
(f) EXTENSION
OF REPORTING REQUIREMENT.—
Subsection (e)(1) of section 386 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 20 U.S.C. 238 note) is amended by striking out ‘‘and
1995’’ and inserting in lieu thereof ‘‘1995, and 1996’’.
(g) TECHNICAL AMENDMENTS TO CORRECT REF-
ERENCES TO REPEALED LAW.—Section 386 of the Na-
153
tional Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 20 U.S.C. 238 note) is amended—
(1) in subsection (d), by striking out ‘‘under
section 3’’ and all that follows through ‘‘of such sub-
section that result from’’ and inserting in lieu there-
of ‘‘payments under section 8003(e) of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 7703(e)) as a result of’’;
(2) in subsection (e)(2)(C), by inserting after
‘‘et seq.),’’ the following: ‘‘title VIII of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 7701 et seq.),’’;
(3) in subsection (e)(2)(D), by striking out
‘‘under subsections (a) and (b) of section 3 of such
Act (20 U.S.C. 238)’’; and
(4) in subsection (h)—
(A) in paragraph (1), by striking out ‘‘sec-
tion 1471(12) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(12))’’
and inserting in lieu thereof ‘‘section 8013(9) of
the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7713(9))’’; and
(B) by striking out paragraph (3) and in-
serting in lieu thereof the following new para-
graph:
154
‘‘(3) The term ‘State’ does not include Puerto
Rico, Wake Island, Guam, American Samoa, the
Northern Mariana Islands, or the Virgin Islands.’’.
SEC. 395. CORE LOGISTICS CAPABILITIES OF THE DEPART-
MENT OF DEFENSE.
(a) IN GENERAL.—Chapter 146 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2473. Depot-level maintenance and repair work-
load
‘‘(a) IMPORTANCE OF DEPOT-LEVEL MAINTENANCE
AND REPAIR CORE CAPABILITIES.—It is essential for the
national defense that the United States maintain a core
depot-level maintenance and repair capability (including
skilled personnel, equipment, and facilities) within facili-
ties owned and operated by the Department of Defense
that—
‘‘(1) is of the proper size (A) to ensure a ready
and controlled source of technical competence and
repair and maintenance capability necessary to meet
the requirements of the National Military Strategy
and other requirements for responding to military
contingencies, and (B) to provide for rapid aug-
mentation in time of emergency; and
155
‘‘(2) is assigned sufficient workload to ensure
cost efficiency and proficiency in time of peace.
‘‘(b) DETERMINATION
OF CORE DEPOT MAINTE-
NANCE ACTIVITIES.—(1) The Secretary of each military
department shall identify those depot-level maintenance
and repair activities under that Secretary’s jurisdiction
that are necessary to ensure for that military department
the depot-level maintenance and repair capability de-
scribed in subsection (a) and as required by section 2464
of this title.
‘‘(2) The Secretary of each military department shall
prescribe the procedures to be used to quantify the re-
quirements necessary to support the capability described
in subsection (a).
‘‘(c) PERFORMANCE OF WORKLOAD THAT SUPPORTS
DEPOT-LEVEL MAINTENANCE AND REPAIR CORE CAPA-
BILITIES.—The Secretary of each military department
shall require the performance of depot-level maintenance
and repair of activities identified under subsection (b) at
organic Department of Defense maintenance depots at lev-
els sufficient to ensure that the Department of Defense
maintains the core depot-level maintenance and repair ca-
pability described in subsection (a).
‘‘(d) INTERSERVICING
OF WORKLOAD.—The Sec-
retary of Defense, after consultation with the Secretaries
156
of the military departments, may transfer workload that
supports the core capability described in subsection (a)
from one military department to another. The Secretary
of Defense shall use merit-based criteria in evaluating
such transfers.
‘‘(e) SOURCE OF REPAIR FOR OTHER DEPOT-LEVEL
WORKLOADS.—In the case of depot-level maintenance and
repair workloads in excess of the workload required pursu-
ant to subsection (c) to be performed at organic Depart-
ment of Defense depots, the Secretary of Defense, after
consultation with the Secretaries of the military depart-
ments, may provide for the performance of those work-
loads through sources selected by competition. The Sec-
retary of Defense shall use competition between private
firms and organic Department of Defense depots for any
such workload when the Secretary determines there are
less than two qualified sources of supply among private
firms for the performance of that specific depot-level
maintenance workload.
‘‘(f) DEPOT-LEVEL WORKLOAD COMPETITIONS.—In
any competition under this section for a depot-level work-
load (whether among private firms or between Department
of Defense activities and private firms), bids from any en-
tity participating in the competition shall accurately dis-
close all costs properly and consistently derived from ac-
157
counting systems and practices that comply with laws,
policies, and standards applicable to that entity. In any
competition between Department of Defense activities and
private firms, the Government calculation for the cost of
performance of the function by Department of Defense ci-
vilian employees shall be based on an estimate using the
most efficient and cost effective manner for performance
of such function by Department of Defense civilian em-
ployees.
‘‘(g) ANNUAL REPORT.—Not later than March 1 of
each year, the Secretary of Defense shall submit to Con-
gress a report specifying depot maintenance core capabil-
ity requirements determined in accordance with the proce-
dures established to comply with subsection (b)(2) and the
planned amount of workload to be accomplished in the or-
ganic depots of each military department in support of
those requirements for the following fiscal year. The re-
port shall identify the planned amount of workload meas-
ured by direct labor hours and by amounts expended and
shall be shown separately for each commodity group.’’.
(b) REPEAL OF 60/40 REQUIREMENT AND REQUIRE-
MENT RELATING TO COMPETITION.—Effective December
31, 1996—
158
(1) section 2466 of title 10, United States
Code, is repealed unless Congress takes further ac-
tion regarding such repeal; and
(2) section 2469 of title 10, United States
Code, is repealed unless Congress takes further ac-
tion regarding such repeal.
(c) INTERIM EXCLUSION OF LARGE MAINTENANCE
AND REPAIR PROJECTS FROM 60/40 REQUIREMENT.—
Effective on the date of the enactment of this Act, section
2466(d) of title 10, United States Code, is amended—
(1) by striking out ‘‘EXCEPTION.—’’ and insert-
ing in lieu thereof ‘‘EXCEPTIONS.—(1)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) If a maintenance or repair project for a single
item that is contracted for performance by non-Federal
Government personnel accounts for 5 percent or more of
the funds made available in a fiscal year to a military de-
partment or a Defense Agency for depot-level maintenance
and repair workload, the project and the funds necessary
for the project shall not be considered when applying the
percentage limitation specified in subsection (a) to that
military department or Defense Agency.’’.
(d) CLERICAL AMENDMENTS.—The table of sections
at the beginning of chapter 146 of such title is amended—
159
(1) effective December 31, 1996, by striking
out the items relating to sections 2466 and 2469;
and
(2) by adding at the end the following new
item:
‘‘2473. Depot-level maintenance and repair workload.’’.
(e) REPORT ON DEPOT-LEVEL MAINTENANCE AND
REPAIR WORKLOAD.—Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a report
on the depot-level maintenance and repair workload of the
Department of Defense. The report shall include the fol-
lowing:
(1) The analysis required by subsection (f) of
the effect on that workload of the so-called 60/40 re-
quirement.
(2) The analysis required by subsection (g) of
the projected effect on that workload using a defini-
tion of core capability consistent with the description
in section 2473(a) of title 10, United States Code,
as added by subsection (a).
(3) The comparison of those analyses required
by subsection (h).
(4) Identification and analysis of significant is-
sues that arise if organic Department of Defense de-
pots are allowed to participate in a full and open
160
competition with private firms for repair workloads
in excess of work that supports core capabilities.
(f) 60/40 REQUIREMENT.—(1) The report under sub-
section (e) shall include an analysis of the requirement
under section 2466 of title 10, United States Code, that
no more than 40 percent of the depot-level maintenance
and repair work of the Department of Defense be con-
tracted for performance by non-Government personnel.
That analysis shall include the following:
(A) A description of the effect on military read-
iness and the national security resulting from that
requirement, including a description of any specific
difficulties experienced by the Department of De-
fense as a result of that requirement.
(B) A determination of the depot-level mainte-
nance and repair workload of the Department of De-
fense allocated for performance by organic Depart-
ment of Defense depots for any fiscal year during
which the requirement has been in effect, the per-
centage of funds for that workload that were obli-
gated to private sector entities, shown for each such
fiscal year and for the entire period during which
the requirement has been in effect.
(2) That analysis shall be made with respect to—
161
(A) the distribution during the five fiscal years
ending with fiscal year 1995 of the depot-level main-
tenance and repair workload of the Department of
Defense between organic Department of Defense de-
pots and non-Government personnel, measured by
direct labor hours and by amounts expended, and
displayed, for that five-year period and for each year
of that period, so as to show (for each military de-
partment (and separately for the Navy and Marine
Corps)) such distribution for each commodity group
(such as naval vessels, aircraft, tracked combat vehi-
cles); and
(B) the projected distribution during the five
fiscal years beginning with fiscal year 1996 of the
depot-level maintenance and repair workload of the
Department of Defense between organic Department
of Defense depots and non-Government personnel,
set forth in the same manner as described in sub-
paragraph (A).
(g) CORE WORKLOAD ANALYSIS.—The report under
subsection (e) shall include an analysis of the depot-level
maintenance and repair workload of the Department of
Defense in which the Secretary uses the capability de-
scribed in section 2473(a) of title 10, United States Code,
as added by subsection (a), as the standard for determin-
162
ing that portion of such workload that is required to be
performed in organic Department of Defense facilities.
That analysis shall be made with respect to—
(1) the distribution that would (using that
standard) have been made during the five fiscal
years ending with fiscal year 1995 of the depot-level
maintenance and repair workload of the Department
of Defense between organic Department of Defense
depots and non-Government personnel, measured by
direct labor hours and by amounts expended, and
displayed, for that five-year period and for each year
of that period, so as to show (for each military de-
partment (and separately for the Navy and Marine
Corps)) such distribution for each commodity group
(such as naval vessels, aircraft, tracked combat vehi-
cles); and
(2) the projected distribution (using that stand-
ard) during the five fiscal years beginning with fiscal
year 1996 of the depot-level maintenance and repair
workload of the Department of Defense between or-
ganic Department of Defense depots and non-Gov-
ernment personnel, set forth in the same manner as
described in paragraph (1).
(h) COMPARISON.—The report under subsection (e)
shall include a comparison of the results of the analysis
163
of the depot-level maintenance and repair workload of the
Department of Defense under subsection (f) with the re-
sults of the analysis of that workload under subsection (g).
The comparison shall include a comparison of the two
analyses by service and commodity group with respect to
each of the following:
(1) Identification, based on each analysis, of
core workloads and of the capabilities and equipment
needed to perform depot-level maintenance and re-
pair for those core workloads.
(2) Identification, based on each analysis, of
depot-level maintenance and repair work performed
(or that would be performed) at organic Department
of Defense depots and of depot-level maintenance
and repair work performed (or that would be per-
formed) by non-Government personnel.
(3) Readiness.
(4) The Department of Defense budget.
(5) The depot-level maintenance and repair
workload distribution, under each analysis, by direct
labor hours performed and by dollars expended.
(6) Projected level, for each analysis, of Govern-
ment capital investment in public and private depot-
level maintenance and repair facilities.
164
(i) REVIEW BY GAO.—(1) The Comptroller General
of the United States shall conduct an independent audit
of the findings of the Secretary of Defense in the report
under subsection (e). The Secretary of Defense shall pro-
vide to the Comptroller General for such purpose all infor-
mation used by the Secretary in preparing such report.
(2) Not later than April 1, 1996, the Comptroller
General shall submit to the congressional defense commit-
tees a report on the analysis by the Comptroller General
of the report submitted by the Secretary of Defense under
this section.
SEC. 396. EXPANSION OF SOUTHWEST BORDER STATES
ANTI-DRUG INFORMATION SYSTEM.
Congress finds that the Southwest Border States
Anti-Drug Information Systems program is an important
element in the effort of the Department of Defense to sup-
port law enforcement agencies in the fight against illegal
trafficking of narcotics.
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1996 , as follows:
(1) The Army, 495,000.
165
(2) The Navy, 428,000.
(3) The Marine Corps, 174,000.
(4) The Air Force, 388,200.
SEC. 402. TEMPORARY VARIATIONS IN DOPMA AUTHOR-
IZED END STRENGTH LIMITATIONS FOR AC-
TIVE DUTY NAVY AND AIR FORCE OFFICERS
IN CERTAIN GRADES.
(a) AIR FORCE OFFICERS IN GRADE OF MAJOR.—
Notwithstanding section 523(a)(1) of title 10, United
States Code, and except as provided in section 523(c) of
such title, of the total number of commissioned officers
serving on active duty in the Air Force at the end of any
fiscal year through fiscal year 1997 (excluding officers in
categories specified in section 523(b) of title 10, United
States Code), the number of officers who may be serving
on active duty in the grade of major may not, as of the
end of such fiscal year, exceed the number determined in
accordance with the following table:
Total number of Air Force commissioned of-
ficers (excluding officers in categories speci-
fied in section 523(b) of title 10, United
States Code) on active duty
Number of offi-
cers who may
be serving on
active duty in
grade of major
70,000 ...................................
14,612
75,000 ...................................
15,407
80,000 ...................................
16,202
85,000 ...................................
16,997
90,000 ...................................
17,792
95,000 ...................................
18,587
100,000 ...................................
19,382
105,000 ...................................
20,177
110,000 ...................................
20,971
115,000 ...................................
21,766
166
Total number of Air Force commissioned of-
ficers (excluding officers in categories speci-
fied in section 523(b) of title 10, United
States Code) on active duty
Number of offi-
cers who may
be serving on
active duty in
grade of major
120,000 ...................................
22,561
125,000 ...................................
23,356
(b) NAVY OFFICERS IN GRADES OF LIEUTENANT
COMMANDER, COMMANDER, AND
CAPTAIN.—Notwith-
standing section 523(a)(2) of title 10, United States Code,
and except as provided in section 523(c) of such title, of
the total number of commissioned officers serving on ac-
tive duty in the Navy at the end of any fiscal year through
fiscal year 1997 (excluding officers in categories specified
in section 523(b) of title 10, United States Code), the
number of officers who may be serving on active duty in
each of the grades of lieutenant commander, commander,
and captain may not, as of the end of such fiscal year,
exceed a number determined in accordance with the fol-
lowing table:
Total number of Navy commissioned officers
(excluding officers in categories specified in
section 523(b) of title 10, United States
Code) on active duty
Number of officers who may be serving on active
duty in grade of
Lieutenant
Commander
Commander
Captain
45,000 .....................................
10,034
6,498
2,801
48,000 .....................................
10,475
6,706
2,902
51,000 .....................................
10,916
6,912
3,002
54,000 .....................................
11,357
7,120
3,103
57,000 .....................................
11,798
7,328
3,204
60,000 .....................................
12,239
7,535
3,305
63,000 .....................................
12,680
7,742
3,406
66,000 .....................................
13,121
7,949
3,506
70,000 .....................................
13,709
8,226
3,641
90,000 .....................................
16,649
9,608
4,313
167
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1996, as follows:
(1) The Army National Guard of the United
States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,608.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United
States, 109,458.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) WAIVER AUTHORITY.—The Secretary of Defense
may vary the end strength authorized by subsection (a)
by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year, and
168
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be proportion-
ately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1996 , the following num-
ber of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United
States, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,490.
169
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United
States, 9,817.
(6) The Air Force Reserve, 628.
SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT
PERSONNEL ASSIGNED IN SUPPORT OF RE-
SERVE COMPONENT TRAINING.
Section 414(c) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 10 U.S.C. 12001 note) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Secretary of Defense may count toward the
number of active component personnel required under
paragraph (1) to be assigned to serve as advisers under
the program under this section any active component per-
sonnel who are assigned to an active component unit (A)
that was established principally for the purpose of provid-
ing dedicated training support to reserve component units,
and (B) the primary mission of which is to provide such
dedicated training support.’’.
170
Subtitle C—Military Training
Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) IN GENERAL.—For fiscal year 1996, the compo-
nents of the Armed Forces are authorized average military
training loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) SCOPE.—The average military training student
loads authorized for an armed force under subsection (a)
apply to the active and reserve components of that armed
force.
(c) ADJUSTMENTS.—The average military student
loads authorized in subsection (a) shall be adjusted con-
sistent with the end strengths authorized in subtitles A
and B. The Secretary of Defense shall prescribe the man-
ner in which such adjustments shall be apportioned.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal
171
year 1996 a total of $68,951,663,000. The authorization
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 1996.
SEC. 432. AUTHORIZATION FOR INCREASE IN ACTIVE-DUTY
END STRENGTHS.
(a) AUTHORIZATION.—There is hereby authorized to
be appropriated to the Department of Defense for fiscal
year 
1996 
for 
military 
personnel 
the 
sum 
of
$112,000,000. Any amount appropriated pursuant to this
section shall be allocated, in such manner as the Secretary
of Defense prescribes, among appropriations for active-
component military personnel for that fiscal year and shall
be available only to increase the number of members of
the Armed Forces on active duty during that fiscal year
(compared to the number of members that would be on
active duty but for such appropriation).
(b) EFFECT
ON
END
STRENGTHS.—The end-
strength authorizations in section 401 shall each be
deemed to be increased by such number as necessary to
take account of additional members of the Armed Forces
authorized by the Secretary of Defense pursuant to sub-
section (a).
172
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel
Policy
SEC. 501. AUTHORITY TO EXTEND TRANSITION PERIOD FOR
OFFICERS SELECTED FOR EARLY RETIRE-
MENT.
(a) SELECTIVE RETIREMENT OF WARRANT OFFI-
CERS.—Section 581 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) The Secretary concerned may defer for not more
than 90 days the retirement of an officer otherwise ap-
proved for early retirement under this section in order to
prevent a personal hardship to the officer or for other hu-
manitarian reasons.’’.
(b) SELECTIVE EARLY RETIREMENT
OF ACTIVE-
DUTY OFFICERS.—Section 638(b) of title 10, United
States Code, is amended by adding at the end the follow-
ing new paragraph:
‘‘(3) The Secretary concerned may defer for not more
than 90 days the retirement of an officer otherwise ap-
proved for early retirement under this section or section
638a of this title in order to prevent a personal hardship
to the officer or for other humanitarian reasons.’’.
173
Subtitle B—Matters Relating to
Reserve Components
SEC. 511. MILITARY TECHNICIAN FULL-TIME SUPPORT
PROGRAM FOR ARMY AND AIR FORCE RE-
SERVE COMPONENTS.
(a) REQUIREMENT OF ANNUAL AUTHORIZATION OF
END STRENGTH.—(1) Section 115 of title 10, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(g) Congress shall authorize for each fiscal year the
end strength for military technicians for each reserve com-
ponent of the Army and Air Force. Funds available to the
Department of Defense for any fiscal year may not be
used for the pay of a military technician during that fiscal
year unless the technician fills a position that is within
the number of such positions authorized by law for that
fiscal year for the reserve component of that technician.
This subsection applies without regard to section 129 of
this title.’’.
(2) The amendment made by paragraph (1) does not
apply with respect to fiscal year 1995.
(b) AUTHORIZATION FOR FISCAL YEARS 1996 AND
1997.—For each of fiscal years 1996 and 1997, the num-
ber of military technicians, as of the last day of that fiscal
year, for the Army and the Air Force (notwithstanding
174
section 129 of title 10, United States Code) may not ex-
ceed the following:
(1) Army National Guard, 25,500.
(2) Army Reserve, 6,630.
(3) Air National Guard, 22,906.
(4) Air Force Reserve, 9,802.
(c) ADMINISTRATION
OF
MILITARY
TECHNICIAN
PROGRAM.—(1) Chapter 1007 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 10216. Military technicians
‘‘(a) PRIORITY
FOR MANAGEMENT
OF MILITARY
TECHNICIANS.—(1) As a basis for making the annual re-
quest to Congress pursuant to section 115 of this title for
authorization of end strengths for military technicians of
the Army and Air Force reserve components, the Sec-
retary of Defense shall give priority to supporting author-
izations for dual status military technicians in the follow-
ing high-priority units and organizations:
‘‘(A) Units of the Selected Reserve that are
scheduled to deploy no later than 90 days after mo-
bilization.
‘‘(B) Units of the Selected Reserve that are or
will deploy to relieve active duty peacetime oper-
ations tempo.
175
‘‘(C) Those organizations with the primary mis-
sion of providing direct support surface and aviation
maintenance for the reserve components of the Army
and Air Force, to the extent that the military techni-
cians in such units would mobilize and deploy in a
skill that is compatible with their civilian position
skill.
‘‘(2) For each fiscal year, the Secretary of Defense
shall, for the high-priority units and organizations re-
ferred to in paragraph (1), achieve a programmed man-
ning level for military technicians that is not less than 90
percent of the programmed manpower structure for those
units and organizations for military technicians for that
fiscal year.
‘‘(3) For each fiscal year, the Secretary of Defense
shall, for reserve component management headquarters
organizations (including national and State-level National
Guard headquarters, in United States Property and Fiscal
Offices, and in similar management-level headquarters in
the Army and Air Force Reserve), achieve a programmed
manning level for military technicians that is not more
than 70 percent of the programmed manpower structure
for those organizations for military technicians for that
fiscal year.
176
‘‘(4) Military technician authorizations and personnel
in high-priority units and organizations specified in para-
graph (1) shall be exempt from any requirement (imposed
by law or otherwise) for reductions in Department of De-
fense civilian personnel and shall only be reduced as part
of military force structure reductions. Planned reductions
in Department of Defense civilian personnel that would
apply to such technician authorizations and personnel but
for this paragraph shall be reallocated by the Secretary
of Defense on a proportional basis throughout the Depart-
ment of Defense, with an emphasis on reducing head-
quarters personnel.
‘‘(b) DUAL-STATUS REQUIREMENT.—The Secretary
of Defense shall require the Secretary of the Army and
the Secretary of the Air Force to establish as a condition
of employment for each individual who is hired after the
date of the enactment of this section as a military techni-
cian that the individual maintain membership in the Se-
lected Reserve (so as to be a so-called ‘dual-status’ techni-
cian) and shall require that the civilian and military posi-
tion skill requirements of dual-status military technicians
be compatible. No Department of Defense funds may be
spent for compensation for any military technician hired
after the date of the enactment of this section who is not
a member of the Selected Reserve, except that compensa-
177
tion may be paid for up to six months following loss of
membership in the selected reserve if such loss of member-
ship was not due to the failure to meet military stand-
ards.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘10216. Military technicians.’’.
(d) REVIEW
OF RESERVE COMPONENT MANAGE-
MENT HEADQUARTERS.—(1) The Secretary of Defense
shall, within six months after the date of the enactment
of this Act, undertake steps to reduce, consolidate, and
streamline management headquarters operations of the re-
serve components. As part of those steps, the Secretary
shall identify those military technicians positions in such
headquarters operations that are excess to the require-
ments of those headquarters.
(2) Of the military technicians positions that are
identified under paragraph (1), the Secretary shall reallo-
cate up to 95 percent of those positions to the high-prior-
ity units and activities specified in section 10216(a) of
title 10, United States Code, as added by subsection (c).
(e) ANNUAL DEFENSE MANPOWER REQUIREMENTS
REPORT.—Section 115a of title 10, United States Code,
is amended by adding at the end the following new sub-
section:
178
‘‘(h) In each such report, the Secretary shall include
a separate report on the Army and Air Force military
technician programs. The report shall include a presen-
tation, shown by reserve component and shown both as
of the end of the preceding fiscal year and for the next
fiscal year, of the following:
‘‘(1) The number of military technicians re-
quired to be employed (as specified in accordance
with Department of Defense procedures), the num-
ber authorized to be employed under Department of
Defense personnel procedures, and the number actu-
ally employed.
‘‘(2) Within each of the numbers under para-
graph (1)—
‘‘(A) the number applicable to a reserve
component management headquarter organiza-
tion; and
‘‘(B) the number applicable to high-prior-
ity units and organizations (as specified in sec-
tion 10216(a) of this title).
‘‘(3) Within each of the numbers under para-
graph (1), the numbers of military technicians who
are not themselves members of a reserve component
(so-called ‘single-status’ technicians), with a further
179
display of such numbers as specified in paragraph
(2).’’.
SEC. 512. MILITARY LEAVE FOR MILITARY RESERVE TECH-
NICIANS FOR CERTAIN DUTY OVERSEAS.
Section 6323 of title 5, United States Code is amend-
ed by adding at the end the following new subsection:
‘‘(d)(1) A military reserve technician described in sec-
tion 8401(30) is entitled at such person’s request to leave
without loss of, or reduction in, pay, leave to which such
person is otherwise entitled, credit for time or service, or
performance or efficiency rating for each day, not to ex-
ceed 44 workdays in a calendar year, in which such person
is on active duty without pay, as authorized pursuant to
section 12315 of title 10, under section 12301(b) or
12301(d) of title 10 (other than active duty during a war
or national emergency declared by the President or Con-
gress) for participation in noncombat operations outside
the United States, its territories and possessions.
‘‘(2) An employee who requests annual leave or com-
pensatory time to which the employee is otherwise entitled,
for a period during which the employee would have been
entitled upon request to leave under this subsection, may
be granted such annual leave or compensatory time with-
out regard to this section or section 5519.’’.
180
SEC. 513. REVISIONS TO ARMY GUARD COMBAT REFORM
INITIATIVE TO INCLUDE ARMY RESERVE
UNDER CERTAIN PROVISIONS AND MAKE
CERTAIN REVISIONS.
(a) PRIOR
ACTIVE
DUTY
PERSONNEL.—Section
1111 of the Army National Guard Combat Readiness Re-
form Act of 1992 (title XI of Public Law 102–484) is
amended—
(1) in the section heading, by striking out the
first three words;
(2) by striking out subsections (a) and (b) and
inserting in lieu thereof the following:
‘‘(a) ADDITIONAL PRIOR ACTIVE DUTY OFFICERS.—
The Secretary of the Army shall increase the number of
qualified prior active-duty officers in the Army National
Guard by providing a program that permits the separation
of officers on active duty with at least two, but less than
three, years of active service upon condition that the offi-
cer is accepted for appointment in the Army National
Guard. The Secretary shall have a goal of having not fewer
than 150 officers become members of the Army National
Guard each year under this section.
‘‘(b) ADDITIONAL PRIOR ACTIVE DUTY ENLISTED
MEMBERS.—The Secretary of the Army shall increase the
number of qualified prior active-duty enlisted members in
the Army National Guard through the use of enlistments
181
as described in section 8020 of the Department of Defense
Appropriations Act, 1994 (Public Law 103–139). The
Secretary shall enlist not fewer than 1,000 new enlisted
members each year under enlistments described in that
section.’’; and
(3) by striking out subsections (d) and (e).
(b) SERVICE IN THE SELECTED RESERVE IN LIEU
OF ACTIVE DUTY SERVICE FOR ROTC GRADUATES.—
Section 1112(b) of such Act (106 Stat. 2537) is amended
by striking out ‘‘National Guard’’ before the period at the
end and inserting in lieu thereof ‘‘Selected Reserve’’.
(c) REVIEW
OF OFFICER PROMOTIONS.—Section
1113 of such Act (106 Stat. 2537) is amended—
(1) in subsection (a), by striking out ‘‘National
Guard’’ both places it appears and inserting in lieu
thereof ‘‘Selected Reserve’’;
(2) by striking out subsection (b) and inserting
in lieu thereof the following:
‘‘(b) COVERAGE OF SELECTED RESERVE COMBAT
AND EARLY DEPLOYING UNITS.—(1) Subsection (a) ap-
plies to officers in all units of the Selected Reserve that
are designated as combat units or that are designated for
deployment within 75 days of mobilization.
‘‘(2) Subsection (a) shall take effect with respect to
officers of the Army Reserve, and with respect to officers
182
of the Army National Guard in units not subject to sub-
section (a) as of the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996, at the
end of the 90-day period beginning on such date of enact-
ment.’’.
(d) INITIAL ENTRY TRAINING AND NONDEPLOYABLE
PERSONNEL.—Section 1115 of such Act (106 Stat. 2538)
is amended—
(1) in subsections (a) and (b), by striking out
‘‘National Guard’’ each place it appears and insert-
ing in lieu thereof ‘‘Selected Reserve’’; and
(2) in subsection (c)—
(A) by striking out ‘‘a member of the
Army National Guard enters the National
Guard’’ and inserting in lieu thereof ‘‘a member
of the Army Selected Reserve enters the Army
Selected Reserve’’; and
(B) by striking out ‘‘from the Army Na-
tional Guard’’.
(e) ACCOUNTING OF MEMBERS WHO FAIL PHYSICAL
DEPLOYABILITY STANDARDS.—Section 1116 of such Act
(106 Stat. 2539) is amended by striking out ‘‘National
Guard’’ each place it appears and inserting in lieu thereof
‘‘Selected Reserve’’.
183
(f) USE OF COMBAT SIMULATORS.—Section 1120 of
such Act (106 Stat. 2539) is amended by inserting ‘‘and
the Army Reserve’’ before the period at the end.
SEC. 514. ROTC SCHOLARSHIPS FOR THE NATIONAL
GUARD.
(a) CLARIFICATION
OF RESTRICTION
ON ACTIVE
DUTY.—Paragraph (2) of section 2107(h) of title 10,
United States Code, is amended by inserting ‘‘full-time’’
before ‘‘active duty’’ in the second sentence.
(b) REDESIGNATION
OF ROTC SCHOLARSHIPS.—
Such paragraph is further amended by inserting after the
first sentence the following new sentence: ‘‘A cadet des-
ignated under this paragraph who, having initially con-
tracted for service as provided in subsection (b)(5)(A) and
having received financial assistance for two years under
an award providing for four years of financial assistance
under this section, modifies such contract with the consent
of the Secretary of the Army to provide for service as de-
scribed in subsection (b)(5)(B), may be counted, for the
year in which the contract is modified, toward the number
of appointments required under the preceding sentence for
financial assistance awarded for a period of four years.’’.
184
SEC. 515. REPORT ON FEASIBILITY OF PROVIDING EDU-
CATION BENEFITS PROTECTION INSURANCE
FOR SERVICE ACADEMY AND ROTC SCHOLAR-
SHIP STUDENTS WHO BECOME MEDICALLY
UNABLE TO SERVE.
Not later than June 30, 1996, the Secretary of De-
fense shall submit to Congress a report on the desirability
and the feasibility of the establishment of an insurance
program, to operate at no cost to the Government, to in-
sure individuals who are cadets or midshipmen at one of
the service academies or who hold Reserve Officer Train-
ing Corps scholarships under section 2107 or 2107a of
title 10, United States Code, against the loss of the value
of attendance at such service academy (in terms of the
cost of education at another institution), or the value of
the scholarship, in cases in which such attendance or such
scholarship is terminated by the Secretary of the military
department concerned because the individual has become,
through no fault of the individual, medically disqualified
from military service.
185
SEC. 516. ACTIVE DUTY OFFICERS DETAILED TO ROTC
DUTY AT SENIOR MILITARY COLLEGES TO
SERVE AS COMMANDANT AND ASSISTANT
COMMANDANT OF CADETS AND AS TACTICAL
OFFICERS.
(a) IN GENERAL.—Chapter 103 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2111a. Detail of officers to senior military colleges
‘‘(a) DETAIL
OF OFFICERS TO SERVE
AS COM-
MANDANT OR ASSISTANT COMMANDANT OF CADETS.—(1)
Upon the request of a senior military college, the Sec-
retary of Defense shall detail an officer on the active-duty
list to serve as Commandant of Cadets at that college or
(in the case of a college with an Assistant Commandant
of Cadets) detail an officer on the active-duty list to serve
as Assistant Commandant of Cadets at that college (but
not both).
‘‘(2) In the case of an officer detailed as Com-
mandant of Cadets, the officer may, upon the request of
the college, be assigned from among the Professor of Mili-
tary Science, the Professor of Naval Science (if any), and
the Professor of Aerospace Science (if any) at that college
or may be in addition to any other officer detailed to that
college in support of the program.
186
‘‘(3) In the case of an officer detailed as Assistant
Commandant of Cadets, the officer may, upon the request
of the college, be assigned from among officers otherwise
detailed to duty at that college in support of the program
or may be in addition to any other officer detailed to that
college in support of the program.
‘‘(b) DESIGNATION OF OFFICERS AS TACTICAL OFFI-
CERS.—Upon the request of a senior military college, the
Secretary of Defense shall authorize officers (other than
officers covered by subsection (a)) who are detailed to duty
as instructors at that college to act simultaneously as tac-
tical officers (with or without compensation) for the Corps
of Cadets at that college.
‘‘(c) DETAIL OF OFFICERS.—The Secretary of a mili-
tary department shall designate officers for detail to the
program at a senior military college in accordance with
criteria provided by the college. An officer may not be de-
tailed to a senior military college without the approval of
that college.
‘‘(d) SENIOR MILITARY COLLEGES.—The senior mili-
tary colleges are the following:
‘‘(1) Texas A&M University.
‘‘(2) Norwich College.
‘‘(3) The Virginia Military Institute.
‘‘(4) The Citadel.
187
‘‘(5) Virginia Polytechnic Institute and State
University.
‘‘(6) North Georgia College.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2111a. Detail of officers to senior military colleges.’’.
SEC. 517. MOBILIZATION INCOME INSURANCE PROGRAM
FOR MEMBERS OF READY RESERVE.
(a) ESTABLISHMENT OF PROGRAM.—(1) Subtitle E
of title 10, United States Code, is amended by inserting
after chapter 1213 the following new chapter:
‘‘CHAPTER 1214—READY RESERVE
INCOME INSURANCE
‘‘Sec.
‘‘12521. Definitions.
‘‘12522. Establishment and purpose of program.
‘‘12523. Program administration.
‘‘12524. Eligible insurance companies.
‘‘12525. Persons insured; amount.
‘‘12526. Deductions; payment.
‘‘12527. Payment of insurance; beneficiaries.
‘‘12528. Premiums; accounting to the Secretary.
‘‘12529. Forfeiture.
‘‘§ 12521. Definitions
‘‘In this chapter:
‘‘(1) The term ‘covered service’ means active
duty in the armed forces performed by a member of
a reserve component under orders for more than 30
days which specify that the member’s service is in
188
support of an operational mission for which mem-
bers of the reserve components have been ordered to
active duty without their consent or in support of
forces activated during a period of war or during a
period of national emergency as declared by the
President or Congress.
‘‘(2) The term ‘covered member’ means a mem-
ber of the Ready Reserve who is eligible for and who
has not declined coverage under this chapter.
‘‘(3) The term ‘Secretary’ means the Secretary
of Defense.
‘‘(4) The term ‘Department’ means the Depart-
ment of Defense.
‘‘(5) The term ‘Board’ means the Board of Ac-
tuaries established under section 2006(e)(1) of this
title.
‘‘(6) The term ‘Fund’ means the Department of
Defense Ready Reserve Income Insurance Fund.
‘‘§ 12522. Establishment and purpose of program
‘‘(a) ESTABLISHMENT.—There is established an in-
surance program for members of the Ready Reserve to
be known as the Department of Defense Ready Reserve
Income Insurance Program which shall be administered
by the Secretary. There is also established on the books
of the Treasury a fund to be known as the Department
189
of Defense Ready Reserve Income Insurance Fund, which
shall be administered by the Secretary of the Treasury.
The Fund shall be used for the accumulation of funds in
order to finance on an actuarially sound basis liabilities
of the Program.
‘‘(b) ASSETS OF FUND.—There shall be deposited
into the Fund the following, which shall constitute the as-
sets of the Fund:
‘‘(1) Amounts paid into the Fund under sec-
tions 12526 and 12528 of this title.
‘‘(2) Any amount appropriated to the Fund.
‘‘(3) Any return on investment of the assets of
the Fund.
‘‘(c) BOARD OF ACTUARIES.—The Department of
Defense Education Benefits Fund Board of Actuaries
shall have the actuarial responsibility for the Program.
‘‘(d) DETERMINATION OF CONTRIBUTIONS TO THE
FUND.—(1) Not later than six months after the Program
is established, the Board shall determine (project) the pre-
mium rate for the coverage to be offered.
‘‘(2) If at the time of any such valuation there has
been a change in benefits under the Program that has
been made since the last such valuation and such change
in benefits increases or decreases the present value of
amounts payable from the Fund, the Board shall deter-
190
mine a premium rate methodology and schedule for the
liquidation of any liability (or actuarial gain to the Fund)
created by such change and any previous such changes
so that the present value of the sum of the scheduled pre-
mium payments (or reduction in payments that would oth-
erwise be made) equals the cumulative increase (or de-
crease) in the present value of such benefits.
‘‘(3) If at the time of any such valuation the Board
determines that, based upon changes in actuarial assump-
tions since the last valuation, there has been an actuarial
gain or loss to the Fund, the Board shall recommend a
premium rate schedule for the amortization of the cumu-
lative gain or loss to the Fund created by such change
in assumptions and any previous such changes in assump-
tions through an increase or decrease in the payments that
would otherwise be made to the Fund.
‘‘(4) If at any time liabilities exceed assets of the
Fund as a result of a call up, and funds are unavailable
to pay benefits, the Secretary shall seek a special appro-
priation to cover the unfunded liability. If appropriations
are not made, in any fiscal year, the Secretary shall limit
the value of any benefits conferred by this program to an
amount that does not exceed assets of the Fund expected
to accrue at the end of such fiscal year. Benefits that can-
191
not be paid because of such limitation of funds shall be
deferred and paid only after funds become available.
‘‘(e) PAYMENTS INTO THE FUND.—(1) Payment into
the Fund under this subsection shall accumulate in ac-
cordance with the provisions of section 12526 of this title.
‘‘(2) At the beginning of each fiscal year, the Sec-
retary shall determine the sum of the following:
‘‘(A) The projected amount of the premiums to
be collected, investment earnings, and any special
appropriations received for that fiscal year.
‘‘(B) The amount for that year of any cumu-
lative unfunded liability (including any negative
amount or any gain to the Fund) resulting from
payments of benefits.
‘‘(C) The amount for that year (including any
negative amount) of any cumulative actuarial gain
or loss to the Fund.
‘‘(f) INVESTMENT OF ASSETS OF FUND.—The Sec-
retary of the Treasury shall invest such portion of the
Fund as is not in the judgment of the Secretary of De-
fense required to meet current liabilities. Such investments
shall be in public debt securities with maturities suitable
to the needs of the Fund, as determined by the Secretary
of Defense, and bearing interest at rates determined by
the Secretary of the Treasury, taking into consideration
192
current market yields on outstanding marketable obliga-
tions of the United States of comparable maturities. The
income on such investments shall be credited to and form
a part of the Fund.
‘‘§ 12523. Program administration
‘‘The insurance program provided for in this chapter
shall be administered by the Secretary, who is authorized
to adopt such rules, procedures, and policies as in the Sec-
retary’s judgment may be necessary or appropriate to
carry out the purposes of this chapter.
‘‘§ 12524. Eligible insurance companies
‘‘(a) The Secretary may, without regard to section
3709 of the Revised Statutes (41 U.S.C. 5), purchase
from one or more insurance companies a policy or policies
of group insurance to offer benefits to all members. Each
such insurance company shall (1) be licensed to issue in-
surance in each of the 50 States and in the District of
Columbia, and (2) as of the most recent December 31 for
which information is available to the Secretary, have in
effect at least 1 percent of the total amount of insurance
which all such insurance companies have in effect in the
United States.
‘‘(b) Any insurance company which issues a policy
under subsection (a) shall establish an administrative of-
193
fice at a place and under a name designated by the Sec-
retary.
‘‘(c) The Secretary may use the facilities and services
of any insurance company issuing any policy under this
chapter and may designate one such company as the rep-
resentative of the other companies and contract to pay a
reasonable fee to the designated company for its services.
‘‘(d) The Secretary shall arrange with the insurance
company issuing any policy under this chapter to reinsure,
under conditions approved by the Secretary, portions of
the total amount of insurance under such policy or policies
with such other insurance companies (which meet qualify-
ing criteria set forth by the Secretary) as may elect to
participate in such reinsurance.
‘‘(e) The Secretary may at any time discontinue any
policy purchased under this section.
‘‘§ 12525. Persons insured; amount
‘‘(a)(1) Any policy of insurance provided under this
chapter shall insure each covered member of the Ready
Reserve against covered service. Any covered member or-
dered into covered service shall be entitled to payment of
a basic benefit of $1,000 for each month of covered service
which is in excess of the initial 30 days of covered service,
unless the member has elected in writing (A) not to be
insured under this chapter, (B) to be insured for a lower
194
benefit of half the basic benefit, or (C) to be insured in
a greater amount, in increments of $500, above the basic
benefit not to exceed $5,000 per month of covered service
(adjusted pursuant to paragraph (2)), following the initial
30 days of covered service, except that no member may
be paid under this chapter for more than 12 months of
covered service served during any period of 18 months.
Payment for any period of covered service less than one
month shall be at the rate of one-thirtieth of the monthly
rate for each day served. Payment shall be based solely
on insured status and on the period of covered service
served; no proof of lost income or expenses incurred as
a result of covered service shall be required.
‘‘(2) The Secretary shall determine annually the ef-
fect of inflation on the benefits and establish an adjust-
ment rate which ensures that there is no loss of value in
the benefits payable to a member. Adjustments shall apply
to benefits for members with existing coverage and for
newly eligible members. Such adjustments for inflation
will be rounded to the nearest $10 increment.
‘‘(3) Members of the Ready Reserve who, under regu-
lations prescribed by the Secretary of Defense in coordina-
tion with the Secretary of Transportation, are serving on
active duty (or full-time National Guard duty) shall not
be eligible to purchase insurance under this chapter. Addi-
195
tional categories of members of the Ready Reserve, in the
discretion of the Secretary of Defense, may also be ex-
cluded from eligibility to purchase insurance under this
chapter.
‘‘(b) Promptly following the effective date of this
chapter, the Secretary shall make a one-time offer of in-
surance coverage under this chapter to all persons who
were members of the Ready Reserve of an armed force
on that date and who remain members of the Ready Re-
serve. Members of the Ready Reserve, first becoming eligi-
ble for coverage after the effective date of this chapter,
shall be automatically enrolled for the basic benefit unless
declined, or another amount is elected under subsection
(a)(1).
‘‘(c) Members shall be given a written explanation of
the insurance and be advised that they have the right (1)
to decline coverage altogether, (2) to select half the basic
benefit, or (3) to select increased benefits. The right of
a member of the Ready Reserve to decline, increase, or
decrease coverage shall be exercised within 30 days of first
being eligible for coverage.
‘‘§ 12526. Deductions; payment
‘‘(a)(1) During any period in which a member insured
under this chapter is participating in paid reserve training
or other duty, there shall be deducted each month from
196
the member’s basic pay or compensation for inactive duty
training an amount determined by the Secretary to be the
same for all members of the Ready Reserve who subscribe
to the same amount of insurance as the share of the cost
attributable to insuring such member. As provided in sec-
tion 12525 of this title, the Secretary may establish grad-
uated monthly premiums for an amount of insurance less
than the basic amount of coverage or in excess of the basic
coverage amount.
‘‘(2) Any member insured under this chapter who is
not in a pay status in which the member receives pay on
a monthly basis shall pay the cost attributable to insuring
such member in accordance with regulations to be adopted
by the Secretary.
‘‘(b) An amount equal to the first amount due on in-
surance under this chapter may be advanced from current
appropriations for military pay to any such member, which
amount shall constitute a lien upon the pay for military
service accruing to the person to whom such advance was
made, and shall be collected therefrom if not otherwise
paid. No disbursing or certifying officer shall be respon-
sible for any loss by reason of such advance.
‘‘(c) The sums withheld from the basic or other pay
of insured members or deposited by insured members, to-
gether with the income derived from any dividends or pre-
197
mium rate adjustments, shall be deposited to the credit
of the Fund. All premium payments for insurance issued
under this chapter shall be deposited into the Fund.
‘‘§ 12527. Payment of insurance; beneficiaries
‘‘(a) A member insured under this chapter who serves
in excess of 30 days of covered service shall be paid the
amount to which such member is entitled on a monthly
basis, with the first payment due no later than one month
following the 30th day of covered service. The Secretary
shall adopt regulations prescribing the manner in which
payments shall be made, either to the member or, in ac-
cordance with subsection (d), to a designated person or
entity.
‘‘(b) A member may designate in writing another per-
son (including a spouse, parent, or other person with an
insurable interest as determined by the Secretary by regu-
lation) to whom the insurance payments to which such
member is entitled are to be paid. Such designation may
be made to a bank or other financial institution, to the
credit of a designated person. In the latter event, insur-
ance payments to which a member becomes entitled shall
be paid to the designated person, bank or financial institu-
tion.
‘‘(c) Any amount of insurance payable under this
chapter on account of a deceased member’s period of cov-
198
ered service shall be paid, upon the establishment of a
valid claim therefor, to the beneficiary or beneficiaries
which the former member had designated in writing. If
no such designation has been made, the amount shall be
payable in accordance with the laws of the State of the
member’s domicile.
‘‘§ 12528. Premiums; accounting to the Secretary
‘‘(a) Each policy of insurance provided by the Sec-
retary under this chapter shall include for the first policy
years a fixed monetary premium per $1,000 of insurance,
based, in consultation with the Board, on the best avail-
able estimate of risk and financial exposure, levels of sub-
scription by members, and other relevant factors. Dif-
ferent premium levels may be established for different
amounts of coverage, provided that the premium rate es-
tablished for the basic benefit shall not be at a premium
rate higher than the premium rate set for increased cov-
erages.
‘‘(b) Each policy shall include provisions whereby the
premium rate for the first policy year shall be continued
for subsequent policy years (but the premium amount may
be increased to account or inflation-adjusted benefit in-
creases). The rate may be readjusted for any subsequent
year with the consent of the Secretary based on prior con-
sultation with the Board of Actuaries.
199
‘‘§ 12529. Forfeiture
‘‘Any person found guilty of mutiny, treason, spying,
or desertion, or who refuses to perform service in the
armed forces or refuses to wear the uniform of any of the
armed forces, shall forfeit all rights to insurance under
this chapter.’’.
(2) The tables of chapters at the beginning of subtitle
E, and at the beginning of part II of subtitle E, of title
10, United States Code, are amended by inserting after
the item relating to chapter 1213 the following new item:
‘‘1214. Ready Reserve Income Insurance .................................12521’’.
(b) EFFECTIVE DATE.—The insurance program pro-
vided for in chapter 1218 of title 10, United States Code,
as added by subsection (a), and the deductions and con-
tributions for that program shall take effect on a date des-
ignated by the Secretary. Such date may not be later than
September 30, 1996. The Secretary shall publish in the
Federal Register notice of such effective date.
SEC. 518. DELAY IN REORGANIZATION OF ARMY ROTC RE-
GIONAL HEADQUARTERS STRUCTURE.
(a) DELAY.—The Secretary of the Army may not
take any action to reorganize the regional headquarters
and basic camp structure of the Reserve Officers Training
Corps program of the Army until six months after the date
on which the report required by subsection (d) is submit-
ted.
200
(b) COST-BENEFIT ANALYSIS.—The Secretary of the
Army shall conduct a comparative cost-benefit analysis of
various options for the reorganization of the regional head-
quarters and basic camp structure of the Army ROTC
program. As part of such analysis, the Secretary shall
measure each reorganization option considered against a
common set of criteria.
(c) SELECTION OF REORGANIZATION OPTION FOR
IMPLEMENTATION.—Based on the findings resulting from
the cost-benefit analysis under subsection (b) and such
other factors as the Secretary considers appropriate, the
Secretary shall select one reorganization option for imple-
mentation. The Secretary may select an option for imple-
mentation only if the Secretary finds that the cost-benefit
analysis and other factors considered clearly demonstrate
that such option, better than any other option consid-
ered—
(1) provides the structure to meet projected
mission requirements;
(2) achieves the most significant personnel and
cost savings;
(3) uses existing basic and advanced camp fa-
cilities to the maximum extent possible;
(4) minimizes additional military construction
costs; and
201
(5) makes maximum use of the reserve compo-
nents to support basic and advanced camp oper-
ations, thereby minimizing the effect of those oper-
ations on active duty units.
(d) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Army
shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives a report describing the reorga-
nization option selected under subsection (c). The report
shall include the results of the cost-benefit analysis under
subsection (b) and a detailed rationale for the reorganiza-
tion option selected.
SEC. 519. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) ASSOCIATE UNITS.—Subsection (a) of section
1131 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 106 Stat. 2540) is
amended to read as follows:
‘‘(a) ASSOCIATE UNITS.—The Secretary of the Army
shall require—
‘‘(1) that each ground combat maneuver bri-
gade of the Army National Guard that (as deter-
mined by the Secretary) is essential for the execu-
tion of the National Military Strategy be associated
with an active-duty combat unit; and
202
‘‘(2) that combat support and combat service
support units of the Army Selected Reserve that (as
determined by the Secretary) are essential for the
execution of the National Military Strategy be asso-
ciated with active-duty units.’’.
(b) RESPONSIBILITIES.—Subsection (b) of such sec-
tion is amended—
(1) by striking out ‘‘National Guard combat
unit’’ in the matter preceding paragraph (1) and in-
serting in lieu thereof ‘‘National Guard unit or
Army Selected Reserve unit that (as determined by
the Secretary under subsection (a)) is essential for
the execution of the National Military Strategy’’;
and
(2) by striking out ‘‘of the National Guard
unit’’ in paragraphs (1), (2), (3), and (4) and insert-
ing in lieu thereof ‘‘of that unit’’.
Subtitle C—Matters Relating to
Force Levels
SEC. 521. FLOOR ON END STRENGTHS.
(a) IN GENERAL.—Chapter 39 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
203
‘‘§ 691. Permanent end strength levels to support two
major regional contingencies
‘‘(a) The end strengths specified in subsection (b) are
the minimum strengths necessary to enable the armed
forces to fulfill a national defense strategy calling for the
United States to be able to successfully conduct two nearly
simultaneous major regional contingencies.
‘‘(b) Unless otherwise provided by law, the number
of members of the armed forces (other than the Coast
Guard) on active duty at the end of any fiscal year shall
be not less than the following:
‘‘(1) For the Army, 495,000.
‘‘(2) For the Navy, 395,000.
‘‘(3) For the Marine Corps, 174,000.
‘‘(4) For the Air Force, 381,000.
‘‘(c) No funds appropriated to the Department of De-
fense may be used to reduce the active duty end strengths
for the armed forces below the levels specified in sub-
section (b) unless the Secretary of Defense submits to
Congress notice of the proposed lower end strength levels
and a justification for those levels. No action may then
be taken to reduce such end strengths below the levels
specified in subsection (b) until the end of the six-month
period beginning on the date of the submission of such
notification to Congress.
204
‘‘(d) The number of members of the armed forces on
active duty shall be counted for purposes of this section
in the same manner as applies under section 115(a)(1)
of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘691. Permanent end strength levels to support two major regional contin-
gencies.’’.
SEC. 522. ARMY OFFICER MANNING LEVELS.
(a) IN GENERAL.—(1) Chapter 331 of title 10, Unit-
ed States Code, is amended by inserting after the table
of sections the following new section:
‘‘§ 3201. Officers on active duty: minimum strength
based on requirements
‘‘(a) The Secretary of the Army shall ensure that (be-
ginning with fiscal year 1999) the strength at the end of
each fiscal year of officers on active duty is sufficient to
enable the Army to meet at least 90 percent of the pro-
grammed manpower structure for the active component of
the Army.
‘‘(b) The number of officers on active duty shall be
counted for purposes of this section in the same manner
as applies under section 115(a)(1) of this title.
‘‘(c) In this section:
205
‘‘(1) The term ‘programmed manpower struc-
ture’ means the aggregation of billets describing the
full manpower requirements for units and organiza-
tions in the programmed force structure.
‘‘(2) The term ‘programmed force structure’
means the set of units and organizations that exist
in the current year and that is planned to exist in
each future year under the then-current Future-
Years Defense Program.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after ‘‘Sec.’’ the following
new item:
‘‘3201. Officers on active duty: minimum strength based on requirements.’’.
(b) ASSISTANCE IN ACCOMPLISHING REQUIREMENT.—
The Secretary of Defense shall provide to the Army suffi-
cient personnel and financial resources (including re-
sources from outside Army accounts) to enable the Army
to meet the requirement specified in section 3201 of title
10, United States Code, as added by subsection (a).
SEC. 523. COMPTROLLER GENERAL REVIEW OF PROPOSED
ARMY END STRENGTH ALLOCATIONS.
(a) IN GENERAL.—During fiscal years 1996 through
2001, the Comptroller General of the United States shall
analyze the plans of the Secretary of the Army for the
allocation of assigned active component end strengths for
the Army through the requirements process known as
206
Total Army Analysis 2003 and through any subsequent
similar requirements process of the Army that is con-
ducted before 2002. The Comptroller General’s analysis
shall consider whether the proposed active component end
strengths and planned allocation of forces for that period
will be sufficient to implement the national military strat-
egy. In monitoring those plans, the Comptroller General
shall determine the extent to which the Army will be able
during that period—
(1) to man fully the combat force based on the
projected active component Army end strength for
each of fiscal years 1996 through 2001;
(2) to meet the support requirements for the
force and strategy specified in the report of the Bot-
tom-Up Review, including requirements for oper-
ations other than war; and
(3) to streamline further Army infrastructure in
order to eliminate duplication and inefficiencies and
replace active duty personnel in overhead positions,
whenever practicable, with civilian or reserve person-
nel.
(b) ACCESS TO DOCUMENTS, ETC.—The Secretary of
the Army shall ensure that the Comptroller General is pro-
vided access, on a timely basis and in accordance with the
needs of the Comptroller General, to all analyses, models,
207
memoranda, reports, and other documents prepared or
used in connection with the requirements process of the
Army known as Total Army Analysis 2003 and any subse-
quent similar requirements process of the Army that is
conducted before 2002.
(c) ANNUAL REPORT.—Not later than March 1 of
each year through 2002, the Comptroller General shall
submit to Congress a report on the findings and conclu-
sions of the Comptroller General under this section.
SEC. 524. MANNING STATUS OF HIGHLY DEPLOYABLE SUP-
PORT UNITS.
Not later than September 30, 1996, the Secretary of
each military department shall submit to the Committee
on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a re-
port on the units under that Secretary’s jurisdiction that
(as determined by the Secretary) are high-priority support
units that would deploy early in a contingency operation
or other crisis and that are, as a matter of policy, man-
aged at less than 100 percent of their authorized
strengths. The Secretary shall include in the report the
number of such high-priority support units (shown by type
of unit), the level of manning within such high-priority
support units, and either the justification for manning of
less than 100 percent or the status of corrective action.
208
SEC. 525. SENSE OF CONGRESS CONCERNING PERSONNEL
TEMPO RATES.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Excessively high personnel tempo rates for
members of the Armed Forces resulting from high-
tempo unit operations degrades unit readiness and
morale and eventually can be expected to adversely
affect unit retention.
(2) The Armed Forces have begun to develop
methods to measure and manage personnel tempo
rates.
(3) The Armed Forces have attempted to re-
duce operations and personnel tempo for heavily
tasked units by employing alternative capabilities
and reducing tasking requirements.
(b) SENSE OF CONGRESS.—The Secretary of Defense
should continue to enhance the knowledge within the
Armed Forces of personnel tempo and to improve the tech-
niques by which personnel tempo is managed with a view
toward establishing and achieving reasonable personnel
tempo standards for all personnel, regardless of unit or
assignment.
209
Subtitle D—Amendments to the
Uniform Code of Military Justice
SEC. 541. REFERENCES TO UNIFORM CODE OF MILITARY
JUSTICE.
Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).
SEC. 542. FORFEITURE OF PAY AND ALLOWANCES DURING
CONFINEMENT BY SENTENCE OF COURT-
MARTIAL.
(a) FORFEITURE.—(1) Subchapter VIII is amended
by inserting after section 857 (article 57) the following
new section (article):
‘‘§ 857a. Art. 57a. Sentences: forfeiture of pay and al-
lowances during confinement by sentence
of court-martial
‘‘(a) A court-martial sentence, as announced by the
sentencing authority, that includes confinement shall re-
sult in the forfeiture of pay and allowances due that mem-
ber during the period of the confinement or while on pa-
role. The forfeiture shall be effective on the date on which
the sentence is announced. The percentage of pay and al-
210
lowances forfeited shall be the maximum percentage that
the court-martial could have directed as part of the sen-
tence.
‘‘(b) If the sentence of a member who forfeits pay
and allowances under subsection (a) is set aside or dis-
approved or, as finally approved, does not provide for con-
finement, the member shall be paid the pay and allowances
which the member would have been paid, but for the for-
feiture, for the period during which the forfeiture was in
effect.’’.
(2) The table of sections at the beginning of sub-
chapter VIII is amended by inserting after the item relat-
ing to section 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.—Sec-
tion 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 follow-
ing 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
211
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 relat-
ing to section 804.
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 amend-
ed 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;
212
shall be punished as a court-martial may direct.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 895 (article 95) in the table of sections at the be-
ginning 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
circumstances not amounting to rape, commits an act of
sexual intercourse with a person—
‘‘(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
defense 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
213
‘‘(2) the accused reasonably believed that that
person had at the time of the alleged offense at-
tained 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’’.
SEC. 547. PERSONS WHO MAY APPEAR BEFORE THE UNIT-
ED 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 per-
son) 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 per-
mit a third-year law student certified under a State rule
for practical training of law students to appear as an ami-
cus curiae).’’.
214
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 de-
fense counsel in preparation of a petition to the Supreme
Court for a writ of certiorari shall be at the discretion
of the appellate defense counsel.’’.
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 De-
fense 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
215
and inserting in lieu thereof ‘‘Courts of Criminal Ap-
peals’’.
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
enlisted 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
(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 De-
fense Authorization Act for Fiscal Year 1996—
‘‘(1) deserts;
216
‘‘(2) is absent from his organization, station, or
duty for more than one day without proper author-
ity, 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 in-
ability 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.’’.
(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—
217
(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
member 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 De-
fense Authorization Act for Fiscal Year 1995,’’; and
(D) by adding at the end the following:
‘‘(2) Section 972(b) of this title excludes from com-
putation of an officer’s years of service for purposes of
this section any time identified with respect to that officer
under that section.’’.
(2) Chapter 367 of such title is amended—
(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
following new subsection:
‘‘(e) Section 972(b) of this title excludes from com-
putation of an officer’s years of service for purposes of
218
this section any time identified with respect to that officer
under that section.’’.
(3)(A) Chapter 571 of such title is amended by in-
serting after section 6327 the following new section:
‘‘§ 6328. Computation of years of service: voluntary
retirement
‘‘(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
chapter 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—
(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
following new subsection:
‘‘(d) Section 972(b) of this title excludes from com-
putation of an officer’s years of service for purposes of
219
this section 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 CER-
TAIN 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
‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep-
tember 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’’.
220
(d) AUTHORITY FOR TEMPORARY PROMOTIONS OF
CERTAIN NAVY LIEUTENANTS.—Section 5721 of title 10,
United States Code, is amended by striking out ‘‘Septem-
ber 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 sub-
section:
‘‘(j)(1) In the case of a person who has a skill or
specialty designated by the Secretary concerned as a skill
or specialty in which there is a critical shortage of person-
nel or for which it is difficult to recruit or, in the case
of critical units, retain personnel, the Secretary concerned
may increase the rate of the educational assistance allow-
ance applicable to that person to such rate in excess of
the rate prescribed under subparagraphs (A) through (D)
of subsection (b)(1) as the Secretary of Defense considers
appropriate, 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
221
under regulations prescribed by the Secretary of De-
fense.’’.
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
ENLISTED MEMBERS
OF SELECTED RESERVE WITH
CRITICAL SPECIALTIES.—Section 16301(a)(1) of such
title is amended—
(1) by striking out ‘‘or’’ at the end of subpara-
graph (A);
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
222
(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 amend-
ed—
(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’’.
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 in-
serting after section 1044b the following new section:
223
‘‘§ 1044c. Military advance medical directives: re-
quirement 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
advance medical directive prepared and executed in
accordance with the laws of the State concerned.
‘‘(b) MILITARY ADVANCE MEDICAL DIRECTIVES.—
For the purposes of this section, a military advance medi-
cal directive is any written declaration regarding future
medical treatment that—
‘‘(1) is executed by a person eligible for legal
assistance under section 1044(a) of this title or reg-
ulations of the Secretary concerned; and
‘‘(2) is intended—
‘‘(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
224
‘‘(B) to appoint another person to make
health care decisions for the declarant under
circumstances stated in the declaration if the
declarant is determined to be incapable of mak-
ing 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 med-
ical 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.’’.
(2) The table of sections at the beginning of such
chapter 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 direc-
225
tive described 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 sec-
tion 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
DISCHARGED.—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, Unit-
ed States Code, is amended by inserting after section 4302
the following new section:
‘‘§ 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 offi-
cers, and the number of enlisted members, permanently
assigned to the Army Ranger Training Brigade (or other
organizational element of the Army primarily responsible
226
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
number of enlisted members, permanently assigned to the
Ranger Training Brigade is less than the required man-
ning 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, to-
gether with a statement 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 accord-
ance with paragraph (1).
‘‘(b) REQUIRED MANNING SPACES.—(1) The Sec-
retary of the Army may not (except as provided in para-
graph (3)) reduce the required manning spaces for the
Ranger Training 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 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.
227
‘‘(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 pro-
posed reduction. Such a reduction may not be made unless
the report includes a certification by the Secretary that
the reduction will not reduce the ability of the commander
of the Ranger Training Brigade to conduct training safely.
The report shall include a description of the reduction (in-
cluding 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
228
Training Brigade 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 suffi-
cient continuity and experience in that geographic area of
such training to be knowledgeable of the local conditions
year-round, including conditions of terrain, weather,
water, and climate and other conditions and the potential
effect on those conditions 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
assist 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.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 4302 the following new item:
‘‘4303. Army Ranger Training: instructor staffing; safety.’’.
229
(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
enactment, 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
officers and enlisted members within 12 months after the
date of the enactment of this Act (as required by para-
graph (1)(A)), the Secretary shall halt all training activi-
ties of the Ranger Training Brigade until the requirement
is met.
SEC. 558. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.
(a) REPEAL OF CIVIL-MILITARY COOPERATIVE AC-
TION PROGRAM.—(1) Section 410 of title 10, United
States Code, and section 1081(a) of the National Defense
230
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 follow-
ing sections of the National Defense Authorization Act for
Fiscal 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 il-
legal 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 Commu-
nity Corps required as part of that demonstration pro-
gram.
(2) Section 1093 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102–484; 42
U.S.C. 12612 note), relating to coordination between the
231
National Guard Civilian Youth Opportunities Pilot Pro-
gram and the Civilian Community Corps Demonstration
Program, is repealed.
SEC. 559. ELIGIBILITY FOR ARMED FORCES EXPEDITION-
ARY MEDAL BASED UPON SERVICE IN EL SAL-
VADOR.
(a) IN GENERAL.—For the purpose of determining
eligibility 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
period of time in which members of the Armed Forces par-
ticipated in operations in significant numbers and other-
wise met the general requirements for the award of that
medal.
(b) INDIVIDUAL DETERMINATION.—The Secretary of
the military department concerned shall determine wheth-
er individual members or former members of the Armed
Forces who served in El Salvador during the period begin-
ning 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 ap-
plicable regulations. Such determinations shall be made as
232
expeditiously 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 (herein-
after in this section referred to as the ‘Office’). The Office
shall be under the Assistant Secretary of Defense for
Force Management and Personnel.
‘‘(b) DUTIES.—The Office—
233
‘‘(1) shall coordinate programs and activities of
the military departments to the extent that they re-
late 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
conduct surveys of members of the armed forces on active
duty or in an active status, members of the families of
such members, and retired members of the armed forces
to determine the effectiveness of Federal programs relat-
ing 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 United States for purposes of section 3502(4)(A) of
title 44.
234
‘‘§ 1783. Family members serving on advisory commit-
tees
‘‘A committee within the Department of Defense
which advises or assists the Department in the perform-
ance of any function which affects members of military
families and which includes members of military families
in its membership shall not be considered an advisory com-
mittee under section 3(2) of the Federal Advisory Com-
mittee Act (5 U.S.C. App.) solely because of such member-
ship.
‘‘§ 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
qualified spouses of members of the armed forces in
the same geographical area as the permanent duty
station 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
235
the same geographical area as the nonappropriated
fund activity for positions in wage grade UA–8 and
below and equivalent positions and for positions paid
at hourly rates.
‘‘(b) REGULATIONS.—The Secretary of Defense shall
prescribe regulations—
‘‘(1) to implement such measures as the Presi-
dent orders under subsection (a);
‘‘(2) to provide preference to qualified spouses
of members of the armed forces in hiring for any ci-
vilian position in the Department of Defense if the
spouse is among persons determined to be best
qualified for the position and if the position is lo-
cated in the same geographical area as the perma-
nent duty station of the member;
‘‘(3) to ensure that notice of any vacant posi-
tion in the Department of Defense is provided in a
manner reasonably designed to reach spouses of
members of the armed forces whose permanent duty
stations are in the same geographic area as the area
in which the position is located; and
‘‘(4) to ensure that the spouse of a member of
the armed forces who applies for a vacant position
in the Department of Defense shall, to the extent
practicable, be considered for any such position lo-
236
cated in the 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 de-
pendent children of members of the armed forces into new
surroundings 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 depend-
ent children of members presently stationed at the military
installation 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.
237
‘‘§ 1787. Reporting of child abuse
‘‘(a) IN GENERAL.—The Secretary of Defense shall
request each State to provide for the reporting to the Sec-
retary of any report the State receives of known or sus-
pected 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 ap-
propriated funds available during a fiscal year for operat-
ing expenses for military child development centers and
programs shall be not less than the amount of child care
fee receipts that are estimated to be received by the De-
partment of Defense during that fiscal year.
238
‘‘§ 1792. Child care employees
‘‘(a) REQUIRED TRAINING.—(1) The Secretary of
Defense shall prescribe regulations implementing, a train-
ing 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
subsection shall cover, at a minimum, training in the fol-
lowing:
‘‘(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
employee at each military child development center be a
specialist in training and curriculum development. The
239
Secretary shall ensure that such employees have appro-
priate credentials and experience.
‘‘(2) The duties of such employees shall include the
following:
‘‘(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
military 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 in-
stallation who are drawn from the same labor pool;
and
240
‘‘(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 installa-
tion with similar training, seniority, and experience.
‘‘(d) EMPLOYMENT PREFERENCE PROGRAM
FOR
MILITARY SPOUSES.—(1) The Secretary of Defense shall
conduct a program under which qualified spouses of mem-
bers 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 determined 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 par-
ents for the attendance of children at military child devel-
opment centers. Those regulations shall be uniform for the
241
military 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 command-
ers, on a case-by-case basis, to establish fees for attend-
ance 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
appropriate disciplines, including, where appropriate, med-
icine, 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 allega-
tions.
‘‘(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-
242
tions at a military child development center or family
home day care site. The Secretary shall ensure that such
reports may be made anonymously if so desired by the
person making 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
assistance of local child protective authorities if such as-
sistance is available.
‘‘(d) SAFETY REGULATIONS.—The Secretary of De-
fense shall prescribe regulations on safety and operating
procedures at military child development centers. Those
regulations shall apply uniformly among the military de-
partments.
‘‘(e) INSPECTIONS.—The Secretary of Defense shall
require 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
243
a year shall be carried out by a representative of the in-
stallation served by the center, and one inspection a year
shall be carried out by a representative of the major com-
mand under which that installation operates.
‘‘(f) REMEDIES
FOR VIOLATIONS.—(1) Except as
provided in paragraph (2), any violation of a safety,
health, or child welfare law or regulation (discovered at
an inspection or otherwise) at a military child development
center shall be remedied immediately.
‘‘(2) In the case of a violation that is not life threat-
ening, 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 discov-
ery of the violation. If the violation is not remedied as
of the end of that 90-day period, the military child devel-
opment center shall be closed until the violation is rem-
edied. 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
244
on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a re-
port notifying those committees of the closing. The report
shall include—
‘‘(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 viola-
tion has not been remedied as of the time of the re-
port.
‘‘§ 1795. Parent partnerships with child development
centers
‘‘(a) PARENT BOARDS.—The Secretary of Defense
shall require that there be established at each military
child development center a board of parents, to be com-
posed of parents 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 discussing problems and concerns. The
board, together with the staff of the center, shall be re-
sponsible for coordinating the parent participation pro-
gram described in subsection (b).
‘‘(b) PARENT PARTICIPATION PROGRAMS.—The Sec-
retary of Defense shall require the establishment of a par-
ent participation program at each military child develop-
ment center. As part of such program, the Secretary of
245
Defense may establish fees for attendance of children at
such a center, in the case of parents who participate in
the parent 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
assistance to family home day care providers so that fam-
ily 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 oper-
ation necessary for accreditation by an appropriate na-
tional 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
246
other facility at which such child care services are
provided that is operated by the Secretary of a mili-
tary department.
‘‘(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
services, and (B) provides those services on a regu-
lar 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’’.
247
(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 submit to Congress a report on the expected demand
for child care by military and civilian personnel of the De-
partment 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
methods 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 Rep-
resentatives 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.
248
(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 Author-
ization Act of 1986 refers to section 1784 of title 10, Unit-
ed 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, Unit-
ed States Code, is amended to read as follows:
249
‘‘§ 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 member 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 sep-
arated under this section is eligible to retire under any
provision 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 deter-
mination 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 qualifying for retirement under any provision
of law, or of qualifying 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
250
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 consid-
ered 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
condition. Such information shall include identification of
specific medical locations near the member’s home of
record or point of discharge at which the member may
seek necessary 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
251
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 se-
rologic test must be one that is approved by the Food and
Drug Administration.’’.
(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 retire-
ment.’’.
(b) EFFECTIVE DATE.—Section 1177 of title 10,
United 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 en-
actment 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 sub-
section (a) of such section, as so amended, shall be deter-
mined from the date of the enactment of this Act (rather
than from the date of such determination).
252
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.
SEC. 563. DETERMINATION OF WHEREABOUTS AND STATUS
OF MISSING PERSONS.
(a) PURPOSE.—The purpose of this section is to en-
sure that any member of the Armed Forces, and any civil-
ian employee of the United States or contractor of the
United States 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.
253
(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 board inquiry; actions of theater component commander and head
of the agency.
‘‘1504. Subsequent board inquiry; actions of head of the agency.
‘‘1505. Further review.
‘‘1506. Personnel files.
‘‘1507. Recommendation of status of death.
‘‘1508. Judicial review.
‘‘1509. Persons previously declared dead.
‘‘1510. Procedures applicable in case of civilians.
‘‘1511. Return alive of person declared missing or dead.
‘‘1512. Effect on State law.
‘‘1513. Definitions.
‘‘§ 1501. System for accounting for missing persons
‘‘(a) OFFICE FOR MISSING PERSONNEL.—(1) The
Secretary of Defense shall establish within the Office of
the Secretary of Defense an office to have responsibility
for Department of Defense policy relating to missing per-
sons. Subject to the authority, direction, and control of
the Secretary of Defense, the responsibilities of the office
shall include—
‘‘(A) policy, control, and oversight within the
Department of Defense of the entire process for in-
vestigation and recovery (including search and res-
cue) related to missing persons; and
‘‘(B) coordination for the Department of De-
fense with other departments and agencies of the
254
United States on all matters concerning missing per-
sons.
‘‘(2) In carrying out the responsibilities of the office
established under this subsection, the head of the office
shall coordinate the efforts of that office with those of
other departments and agencies and other elements of the
Department of Defense for such purposes and shall be re-
sponsible for the coordination for such purposes within the
Department of Defense among the military departments,
the Joint Staff, and the commanders of the combatant
commands.
‘‘(3) The office shall establish policies, which shall
apply uniformly through the Department of Defense, for
personnel recovery (including search and rescue).
‘‘(4) The office shall establish procedures to be fol-
lowed by Department of Defense boards of inquiry, and
by officers reviewing the reports of such boards, under this
chapter.
‘‘(b) OTHER DEPARTMENTS
AND AGENCIES.—(1)
The Secretary of State shall designate an officer of the
Department of State to have responsibility within that De-
partment for matters relating to missing persons.
‘‘(2) The Secretary of Transportation shall designate
an officer of the Department of Transportation to have
255
responsibility within that Department for matters relating
to missing persons.
‘‘(3) The Director of Central Intelligence shall des-
ignate an officer of the Central Intelligence Agency to
have responsibility within that Agency for matters relating
to missing persons.
‘‘(4) The President shall direct the heads of such
other departments and agencies as the President considers
appropriate to make a similar designation for their respec-
tive departments and agencies.
‘‘(c) 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 (d); 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
Defense.
‘‘(3) As part of such procedures, the Secretary may
provide for the extension, on a case-by-case basis, of any
time limit specified in section 1502, 1503, or 1504 of this
256
title. Any such extension may not be for a period in excess
of one-half of the period with respect to which the exten-
sion is provided. Subsequent extensions may be provided
on the same basis.
‘‘(d) COVERED PERSONS.—Section 1502 of this title
applies in the case of the following persons:
‘‘(1) Any member of the armed forces on active
duty who disappears as a result of a hostile action,
or under circumstances suggesting that the dis-
appearance is a result of a hostile action, and whose
status is undetermined or who is unaccounted for
(except under circumstances suggesting that the dis-
appearance is voluntary).
‘‘(2) Any civilian employee of the United States
or employee of a contractor of the United States
who, while serving with or accompanying the armed
forces in the field, disappears under circumstances
described in paragraph (1) and whose status is un-
determined or who is unaccounted for (except under
circumstances suggesting that the disappearance is
voluntary).
‘‘(e) PRIMARY NEXT OF KIN.—The individual who is
primary next of kin of a person described in subsection
(d) may for purposes of this chapter designate another
individual to act on behalf of that individual as primary
257
next of kin. The Secretary of Defense shall treat an indi-
vidual so designated as if the individual designated were
the primary 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.
‘‘(f) TERMINATION OF APPLICABILITY OF PROCE-
DURES WHEN MISSING PERSON IS ACCOUNTED FOR.—
The provisions of this chapter relating to boards of inquiry
and to actions by the Secretary concerned on the reports
of those boards shall cease to apply in the case of a miss-
ing person upon that person becoming accounted for or
otherwise being determined to be in a status other than
the status of missing or missing in action.
‘‘§ 1502. Missing persons: initial report by unit com-
mander
‘‘(a) PRELIMINARY ASSESSMENT AND RECOMMENDA-
TION BY COMMANDER.—After receiving information that
the whereabouts or status of a person described in section
1501(d) of this title is uncertain and that the absence of
the person may be involuntary, 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 assessment, the commander concludes
that the person is missing, the commander shall—
258
‘‘(1) recommend that the person be placed in a
missing status; and
‘‘(2) not later than 48 hours after receiving
such information, transmit that recommendation to
the theater component commander with jurisdiction
over the missing person in accordance with proce-
dures prescribed under section 1501(c) of this title.
‘‘(b) FORWARDING OF RECORDS.—The commander
making the initial assessment shall (in accordance with
procedures prescribed under section 1501(c) of this title)
safeguard and forward for official use any information re-
lating to the whereabouts or status of the person that re-
sult from the preliminary assessment or from actions
taken to locate the person.
‘‘§ 1503. Initial board inquiry; actions of theater com-
ponent commander and head of the
agency
‘‘(a) APPOINTMENT OF BOARD.—Not later than ten
days after receiving notification under section 1502(a)(2)
of this title that a person has been recommended for place-
ment in a missing status, the theater component com-
mander to whom the notification is transmitted shall ap-
point a board to conduct an inquiry into the whereabouts
and status of the person.
259
‘‘(b) INQUIRIES INVOLVING MORE THAN ONE MISS-
ING PERSON.—If it appears to the commander who ap-
points a board under this section that the absence or miss-
ing 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 persons.
‘‘(c) COMPOSITION.—(1) A board appointed under
this section shall consist of at least one individual de-
scribed in paragraph (2) who has experience with and un-
derstanding 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 in-
quiry 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 United States.
‘‘(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
information relating to the whereabouts and status of the
missing persons covered by the inquiry.
260
‘‘(d) DUTIES OF BOARD.—A board appointed to con-
duct an inquiry into the whereabouts or status of a miss-
ing person under this section shall—
‘‘(1) collect, develop, and investigate all facts
and evidence relating to the disappearance, where-
abouts, 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 ap-
pointed the board that—
‘‘(A) the person be placed in a missing sta-
tus; or
‘‘(B) the person be declared to have de-
serted, to be absent without leave, or to be
dead.
‘‘(e) INQUIRY PROCEEDINGS.—(1) During the pro-
ceedings of an inquiry under this section, a board shall—
‘‘(A) collect, record, and safeguard all facts,
documents, statements, photographs, tapes, mes-
sages, maps, sketches, reports, and other informa-
261
tion (whether classified or unclassified) relating to
the whereabouts or status of each person covered by
the inquiry;
‘‘(B) 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
‘‘(C) maintain a record of its proceedings.
‘‘(2) The commander who appoints a board under
this section may request the commander of the combatant
command to provide such assistance as the board or the
commander may require for purposes of this section.
‘‘(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 para-
graph 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 of Military Justice) for trial counsel or defense
counsel detailed for a general court-martial; and
263
previously designated person designated under section 655
of this title).
‘‘(h) RECOMMENDATION
ON STATUS
OF MISSING
PERSONS.—(1) Upon completion of its inquiry, a board
appointed under this section shall make a recommendation
to the commander who appointed the board as to the ap-
propriate determination of the current whereabouts or sta-
tus of each person whose whereabouts were covered by the
inquiry.
‘‘(2)(A) A board may not recommend under para-
graph (1) that a person be declared dead unless the board
determines that the evidence before it established conclu-
sive 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
report 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
subsection (h) with respect to each person covered
by the report; and
264
‘‘(C) disclosure of whether classified documents
and information were reviewed by the board or were
otherwise used by the board in forming rec-
ommendations under subparagraph (B).
‘‘(2) A report under this subsection with respect to
a missing person shall be submitted not later than 45 days
after the date on which that person is first reported miss-
ing.
‘‘(3) A report submitted under this subsection may
not be made public until one year after the date on which
the report is submitted.
‘‘(j) REVIEW AND DETERMINATION OF STATUS BY
COMPONENT 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 re-
view—
‘‘(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 in-
complete, or that the report is not free of administrative
265
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 review-
ing a report under this subsection that the report is com-
plete and free of administrative error, the commander
shall make a determination of the status of each person
covered by the report.
‘‘(4) The report, together with the determination
under paragraph (3), shall be promptly forwarded to the
commander of the combatant command for the geographic
area in which the missing person disappeared.
‘‘(k) REVIEW BY CINC.—(1) The commander of the
combatant command shall review a report received under
subsection (j)(4). Not later than 30 days after receiving
such report, that commander shall forward that report to
the Secretary concerned. In the case of a missing person
who is a member of the Army, Navy, Air Force, or Marine
Corps, the report shall be forwarded to or through the Sec-
retary of Defense in accordance with procedures pre-
scribed under section 1501(c) of this title.
‘‘(2) The review under paragraph (1) shall be con-
ducted in accordance with procedures prescribed under
section 1501(a)(3) of this title.
‘‘(l) DETERMINATION BY SECRETARY.—(1) The Sec-
retary of Defense (or the Secretary of the military depart-
266
ment concerned acting under delegation of authority from
the Secretary of Defense) shall review the determinations
of a theater component commander in a report forwarded
under this section.
‘‘(2) After conducting such review, the Secretary
shall make a determination, with respect to each person
whose status is covered by the report, whether to leave
unchanged the status of such person as determined by the
theater component commander under subsection (j)(3) or
whether to change that status to another appropriate sta-
tus, as determined by the Secretary.
‘‘(3) In making such determination, the Secretary
may convene a board in accordance with section 1504 of
this title.
‘‘(m) 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
subsection (k), the Secretary of Defense, acting through
the head of the office established under section 1501(a)
of this title, shall—
‘‘(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
267
next of kin, to the other members of the immediate
family, and to any other previously designated per-
son of the missing person; and
‘‘(2) inform each individual to whom such sum-
mary is provided that the United States will conduct
a subsequent 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 missing person, unless information becomes
available sooner that would result in a substantial
change in the determination of the status of the per-
son.
‘‘§ 1504. Subsequent board inquiry; actions of head of
the agency
‘‘(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
submitted under section 1502 of this title, the Secretary
of Defense, acting through the head of the office estab-
lished under section 1501(a) of this title, shall appoint a
board under this section to conduct an inquiry into the
information.
268
‘‘(b) AUTHORITY FOR INQUIRY.—The Secretary of
Defense may delegate authority over such subsequent in-
quiry to the Secretary concerned.
‘‘(c) SECRETARY CONCERNED.—In this chapter, the
term ‘Secretary concerned’, in the case of a civilian em-
ployee of the United States or contractor of the United
States, means the Secretary of the executive department
or head of the agency employing the employee or contract-
ing 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 in-
quire into the whereabouts or status of a member of
the armed forces, not less than three officers having
269
the grade of major or lieutenant commander or
above.
‘‘(B) In the case of a board appointed to in-
quire into the whereabouts or status of a civilian em-
ployee of the United States or an employee of a con-
tractor of the United States—
‘‘(i) not less than three employees of the
Department of Defense whose rate of annual
pay is equal to or greater than the rate of an-
nual pay payable for grade GS–13 of the Gen-
eral 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 informa-
tion relating to the whereabouts and status of each person
covered 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.
270
‘‘(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
inquiry; 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
section 1503 of this title of the board appointed to
conduct the inquiry into the status or whereabouts
of the person under section 1503 of this title and
the recommendation 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
status 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;
271
‘‘(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 re-
port describing the findings and conclusions of the
board, together with a recommendation for a deter-
mination by the Secretary concerning the where-
abouts 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 per-
son’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 CER-
TAIN 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 des-
ignated person of the missing person may attend the pro-
272
ceedings of the board during the inquiry in accordance
with this section.
‘‘(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 individ-
ual 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 the previously designated per-
son, 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 conduct the inquiry into the whereabouts and
status of the person, and to any other unclassified
information or documents relating to the where-
abouts and status of the person;
273
‘‘(C) shall be afforded the opportunity to
present information at the proceedings of the board
that such individual considers to be relevant to those
proceedings; and
‘‘(D) subject to paragraph (5), shall be given
the opportunity to submit in writing objection to any
recommendation of the board under subsection (k)
as to the status of the missing person.
‘‘(5) Objections under paragraph (4)(D) to any rec-
ommendation of the board shall be submitted to the presi-
dent of the board not later than 30 days after the date
on which the recommendations are made. The president
shall include any such objections in the report of the board
under subsection (k).
‘‘(6) An individual referred to in paragraph (1) who
attends the proceedings of a board under this subsection
shall not be entitled to reimbursement by the United
States for any costs (including travel, lodging, meals, local
transportation, legal fees, transcription costs, witness ex-
penses, and other expenses) incurred by that individual
in attending such proceedings.
‘‘(j) AVAILABILITY OF INFORMATION TO BOARDS.—
(1) In conducting proceedings in an inquiry under this sec-
tion, a board may secure directly from any department
or agency of the United States any information that the
274
board considers necessary in order to conduct the proceed-
ings.
‘‘(2) Upon written request from the president of a
board, the head of a department or agency of the United
States shall release information covered by the request to
the board. In releasing such information, the head of the
department or agency shall—
‘‘(A) declassify to an appropriate degree classi-
fied information; or
‘‘(B) release the information in a manner not
requiring the removal of markings indicating the
classified nature of the information.
‘‘(3)(A) If a request for information under paragraph
(2) covers classified information that cannot be declas-
sified, cannot be removed before release from the informa-
tion covered by the request, or cannot be summarized in
a manner that prevents the release of classified informa-
tion, the classified information shall be made available
only to president of the board making the request and the
counsel for the missing person appointed under subsection
(f).
‘‘(B) The president of a board shall close to persons
who do not have appropriate security clearances those por-
tions of the proceeding of the Board during which classi-
fied information is discussed. Participants at a proceeding
275
of a board at which classified information is discussed
shall comply with all applicable laws and regulations relat-
ing to the disclosure of classified information. The Sec-
retary concerned shall assist the president of a board in
ensuring that classified information is not compromised
through board proceedings.
‘‘(k) RECOMMENDATION
ON
STATUS.—(1) Upon
completion of an inquiry under this subsection, a board
shall make a recommendation as to the current where-
abouts or status of each missing person covered by the
inquiry.
‘‘(2) A board may not recommend under paragraph
(1) that a person be declared dead unless—
‘‘(A) proof of death is established by the board;
and
‘‘(B) in making the recommendation, the board
complies with section 1507 of this title.
‘‘(l) REPORT.—A board appointed under this section
shall submit to the Secretary of Defense a report on the
inquiry carried out by the board, together with the evi-
dence considered by the board during the inquiry. The re-
port may include a classified annex.
‘‘(m) ACTIONS BY SECRETARY.—(1) Not later than
30 days after the receipt of a report from a board under
subsection (k), the Secretary shall review—
276
‘‘(A) the report;
‘‘(B) the review of the report submitted to the
Secretary under subsection (f)(3) by the counsel for
each person covered by the report; and
‘‘(C) the objections, if any, to the report sub-
mitted to the president of the board under sub-
section (g)(6).
‘‘(2) In reviewing a report under paragraph (1) (in-
cluding the review and objections described in subpara-
graphs (A) and (B) of that paragraph), the Secretary shall
determine whether or not the report is complete and free
of administrative error. If the Secretary determines that
the report is incomplete, or that the report is not free of
administrative error, the Secretary may return the report
to the board for further action on the report by the board.
‘‘(3) Upon a determination by the Secretary that a
report reviewed under this subsection is complete and free
of administrative error, the Secretary shall make a deter-
mination concerning the status of each person covered by
the report.
‘‘(n) REPORT TO FAMILY MEMBERS AND OTHER IN-
TERESTED PERSONS.—Not later than 90 days after the
date on which a board submits a report on a person under
subsection (l), the Secretary of Defense shall—
277
‘‘(1) with respect to each missing person whose
status or whereabouts are covered by the report,
provide an unclassified summary of the report to the
primary next of kin, the other members of the imme-
diate family, and any other previously designated
person; and
‘‘(2) in the case of a person who continues to
be in a missing status, inform each individual re-
ferred to in paragraph (1) that the United States
will conduct a further investigation into the where-
abouts or status of the person not later than three
years after the date of the official notice of the dis-
appearance of the person, unless information be-
comes available within that time that would result in
a substantial change in the official status of the per-
son.
‘‘§ 1505. Further review
‘‘(a) SUBSEQUENT REVIEW.—The Secretary shall
conduct subsequent inquiries into the whereabouts or sta-
tus of any person determined by the Secretary under sec-
tion 1504 of this title to be in a missing status.
‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—(1)
Subject to paragraph (3), the Secretary shall appoint a
board to conduct an inquiry with respect to a person under
this subsection—
278
‘‘(A) on or about three years after the date of
the official notice of the disappearance of the person;
and
‘‘(B) not later than every three years there-
after.
‘‘(2) In addition to appointment of boards under
paragraph (1), the Secretary shall appoint a board to con-
duct an inquiry with respect to a person under this sub-
section upon receipt of information that could result in
a change or revision of status of a missing person. When-
ever the Secretary appoints a board under this paragraph,
the time for subsequent appointments of a board under
paragraph (1)(B) shall be determined from the date of the
receipt of such information.
‘‘(3) The Secretary is not required to appoint a board
under paragraph (1) with respect to the disappearance of
any person—
‘‘(A) more than 30 years after the first notice
of the disappearance of the missing person; or
‘‘(B) if, before the end of such 30-year period,
the missing person is accounted for.
‘‘(c) CONDUCT OF PROCEEDINGS.—The appointment
of, and activities before, a board appointed under this sec-
tion shall be governed by the provisions of section 1504
279
of this title with respect to a board appointed under that
section.
‘‘§ 1506. Personnel files
‘‘(a) INFORMATION IN FILES.—Except as provided in
subsection (b), the Secretary of the department having ju-
risdiction over a missing person at the time of the person’s
disappearance shall, to the maximum extent practicable,
ensure that the personnel file of the person contains all
information in the possession of the United States relating
to the disappearance and whereabouts or status of the per-
son.
‘‘(b) CLASSIFIED INFORMATION.—(1) The Secretary
concerned may withhold classified information from a per-
sonnel file under this section.
‘‘(2) If the Secretary concerned withholds classified
information from the personnel file of a person, the Sec-
retary shall ensure that the file contains the following:
‘‘(A) A notice that the withheld information ex-
ists.
‘‘(B) A notice of the date of the most recent re-
view of the classification of the withheld information.
‘‘(c) WRONGFUL WITHHOLDING.—Any person who
knowingly and willfully withholds from the personnel file
of a missing person any information (other than classified
information) relating to the disappearance or whereabouts
280
or status of a missing person shall be fined as provided
in title 18 or imprisoned not more than one year, or both.
‘‘(d) AVAILABILITY
OF INFORMATION.—The Sec-
retary concerned shall, upon request, make available the
contents of the personnel file of a missing person to the
missing person’s primary next of kin, the other members
of the missing person’s immediate family, or any other
previously designated person of the missing person.
‘‘§ 1507. Recommendation of status of death
‘‘(a) REQUIREMENTS RELATING TO RECOMMENDA-
TION.—A board appointed under section 1504 or 1505 of
this title may not recommend that a person be declared
dead unless—
‘‘(1) credible evidence exists to suggest that the
person is dead;
‘‘(2) the United States possesses no credible
evidence that suggests that the person is alive;
‘‘(3) representatives of the United States have
made a complete search of the area where the per-
son was last seen (unless, after making a good faith
effort to obtain access to such area, such representa-
tives are not granted such access); and
‘‘(4) representatives of the United States have
examined the records of the government or entity
having control over the area where the person was
281
last seen (unless, after making a good faith effort to
obtain access to such records, such representatives
are not granted such access).
‘‘(b) SUBMITTAL OF INFORMATION ON DEATH.—If
a board appointed under section 1504 or 1505 of this title
makes a recommendation that a missing person be de-
clared dead, the board shall include in the report of the
board with respect to the person under such section the
following:
‘‘(1) A detailed description of the location
where the death occurred.
‘‘(2) A statement of the date on which the
death occurred.
‘‘(3) A description of the location of the body,
if recovered.
‘‘(4) If the body has been recovered and is not
identifiable through visual means, a certification by
a practitioner of an appropriate forensic science that
the body recovered is that of the missing person.
‘‘§ 1508. Judicial review
‘‘(a) IN GENERAL.—(1) A person referred to in para-
graph (2) may obtain review of a finding described in
paragraph (3) by the court of appeals of the United States
for the circuit in which the person resides or in which the
282
finding was made. Judicial review under this section shall
be as provided in section 706 of title 5.
‘‘(2) Paragraph (1) applies to any of the following
persons with respect to a missing person subject to a find-
ing described in paragraph (3):
‘‘(A) The primary next of kin of the person.
‘‘(B) A member of the immediate family of the
person.
‘‘(C) A dependent of the person.
‘‘(D) A person previously designated by the per-
son.
‘‘(3) Paragraph (1) applies to the following findings:
‘‘(A) A finding by a board appointed under sec-
tion 1504 or 1505 of this title that a missing person
is dead.
‘‘(B) A finding by a board appointed under sec-
tion 1509 of this title that confirms that a missing
person formerly declared dead is in fact dead.
‘‘(4) A person referred to in paragraph (2) shall re-
quest review of a finding under this subsection by filing
with the appropriate court a written petition requesting
that the finding be set aside.
‘‘(b) FINALITY.—The decision of the court of appeals
on a petition for review under subsection (a) is final, ex-
cept that such decision is subject to review by the Supreme
283
Court upon certiorari, as provided in section 1254 of title
28.
‘‘(c) ADDITIONAL REVIEW.—(1) Subject to para-
graph (2), upon request by a person referred to in sub-
section (a)(2), the Secretary concerned shall appoint a
board to review the status of a person covered by a finding
described in subsection (a)(3) if the court of appeals sets
aside the finding and—
‘‘(A) the time allowed for filing a petition for
certiorari has expired and no such petition has been
duly filed;
‘‘(B) the petition for certiorari has been denied;
or
‘‘(C) the decision of the court of appeals has
been affirmed by the Supreme Court.
‘‘(2) A person referred to in paragraph (1) shall make
a request referred to in that paragraph not later than
three years after the date of the event under that para-
graph that entitles the person to request the appointment
of a board.
‘‘§ 1509. Persons previously declared dead
‘‘(a) REVIEW OF STATUS.—(1) Not later than three
years after the date of the enactment of this chapter, a
person referred to in paragraph (2) may submit a request
for appointment of a board to review the status of a person
284
previously declared dead while in a missing status, in a
case in which the death is declared to have occurred on
or after December 7, 1941.
‘‘(2) A board shall be appointed under this section
with respect to the death of any person based on the re-
quest of any of the following persons:
‘‘(A) The primary next of kin of such person.
‘‘(B) An adult member of the immediate family
of the person previously declared dead.
‘‘(C) An adult dependent of such person.
‘‘(D) A person previously designated by such
person.
‘‘(3) A request under this section shall be submitted
to the Secretary of the executive department or head of
the agency of the United States that had jurisdiction over
the person covered by the request at the time of the per-
son’s disappearance.
‘‘(b) APPOINTMENT OF BOARD.—Upon receiving a
request under subsection (a), the official to whom the re-
quest is submitted shall appoint a board to review the sta-
tus of the person covered by the request.
‘‘(c) DUTIES OF BOARD.—A board appointed under
this section to review the status of a person previously de-
clared dead shall—
285
‘‘(1) conduct an investigation to determine the
status of the person; and
‘‘(2) issue a report describing the findings of
the board under the investigation and the rec-
ommendations of the board as to the status of the
person.
‘‘(d) EFFECT OF CHANGE IN STATUS.—If a board
appointed under this section recommends placing in a
missing status a person previously declared dead, such
person shall accrue no pay or allowances as a result of
the placement of the person in such status.
‘‘(e) CONDUCT OF PROCEEDINGS.—The appointment
of, and activities before, a board appointed under this sec-
tion shall, to the extent practicable, be governed by the
provisions of section 1504 of this title with respect to a
board appointed under that section.
‘‘§ 1510. Procedures applicable in case of civilians
‘‘(a) IN GENERAL.—In applying the procedures spec-
ified in this chapter in the case of a person described in
section 1501(d)(2) of this title—
‘‘(1) any reference to the commander of the
unit, facility, or area to which the missing person is
assigned shall be treated as referring to the local au-
thority or supervisor of the department or agency of
the United States under whom the missing person
286
was directly operating or to whom the missing per-
son was responsible;
‘‘(2) any reference to the theater component
commander shall be treated as referring to the sen-
ior official in the region in which the missing person
disappeared of the department or agency of the
United States with jurisdiction over the missing per-
son (or, if there is no such official, such other per-
son (including the appropriate theater component
commander) as may be designated by the head of
that department of agency);
‘‘(3) any reference to the Secretary concerned
shall be treated as referring to the head of the de-
partment or agency of the United States with juris-
diction over the missing person.
‘‘(b) CINC REVIEW NOT TO APPLY.—The provisions
of section 1503(k) shall not apply in the case of a person
described in section 1501(d)(2) of this title. In such a
case, the report under section 1503(j)(4) of this title shall
be submitted directly to the head of the department or
agency of the United States with jurisdiction over the
missing person.
‘‘(c) RULE FOR DEPARTMENT OF DEFENSE CIVIL-
IANS.—In the case of a person described in section
1501(d)(2) of this title who is an employee of the Depart-
287
ment of Defense, or an employee of a contractor of the
Department of Defense, the head of the department or
agency of the United States with jurisdiction over that
person—
‘‘(1) if the person is an employee of, or an em-
ployee of a contractor of, a military department,
shall be considered to be the Secretary of that mili-
tary department; and
‘‘(2) otherwise shall be considered to be the
Secretary of Defense.
‘‘§ 1511. Return alive of person declared missing or
dead
‘‘(a) PAY AND ALLOWANCES.—Any person in a miss-
ing status or declared dead under the Missing Persons Act
of 1942 (56 Stat. 143) or chapter 10 of title 37 or by
a board appointed under this chapter who is found alive
and returned to the control of the United States shall be
paid for the full time of the absence of the person while
given that status or declared dead under the law and regu-
lations relating to the pay and allowances of persons re-
turning from a missing status.
‘‘(b) EFFECT ON GRATUITIES PAID AS A RESULT OF
STATUS.—Subsection (a) shall not be interpreted to invali-
date or otherwise affect the receipt by any person of a
death gratuity or other payment from the United States
288
on behalf of a person referred to in subsection (a) before
the date of the enactment of this chapter.
‘‘§ 1512. Effect on State law
‘‘(a) NONPREEMPTION
OF STATE AUTHORITY.—
Nothing in this chapter shall be construed to invalidate
or limit the power of any State court or administrative
entity, or the power of any court or administrative entity
of any political subdivision thereof, to find or declare a
person dead for purposes of the laws of such State or polit-
ical subdivision.
‘‘(b) STATE DEFINED.—In this section, the term
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, and any territory or possession of
the United States.
‘‘§ 1513. Definitions
‘‘In this chapter:
‘‘(1) The term ‘missing person’ means—
‘‘(A) a member of the armed forces on ac-
tive duty who is in a missing status; or
‘‘(B) a civilian employee of the United
States or of a contractor of the United States
who is serving with or accompanying the armed
forces under orders and who is in a missing sta-
tus.
289
‘‘(2) The term ‘missing status’ means the sta-
tus of a missing person who is determined to be ab-
sent in a status of—
‘‘(A) missing;
‘‘(B) missing in action;
‘‘(C) interned in a foreign country;
‘‘(D) captured, beleaguered, or besieged by
a hostile force; or
‘‘(E) detained in a foreign country against
that person’s will.
‘‘(3) The term ‘accounted for’, with respect to
a person in a missing status, means that—
‘‘(A) the person is returned to United
States control alive;
‘‘(B) the remains of the person are re-
turned to the United States; or
‘‘(C) credible evidence exists to support an-
other determination of the person’s status.
‘‘(4) The term ‘member of the immediate fam-
ily’, in the case of a missing person, means the
spouse or a child, parent, or sibling of the person.
‘‘(5) The term ‘previously designated person’, in
the case of a missing person, means an individual
designated by the missing person under section 655
of this title for purposes of this chapter.
290
‘‘(6) The term ‘classified information’ means
any information the unauthorized disclosure of
which (as determined under applicable law and regu-
lations) could reasonably be expected to damage the
national security.
‘‘(7) The term ‘theater component commander’
means, with respect to any of the combatant com-
mands, an officer of any of the armed forces who
(A) is commander of all forces of that armed force
assigned to that combatant command, and (B) is di-
rectly subordinate to the commander of the combat-
ant 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 subsection (d), when a
member’’; and
(B) by adding at the end the following new
subsection:
291
‘‘(d) This section does not apply in a case to which
section 1502 of title 10 applies.’’.
(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 fol-
lows through the end of the sentence and in-
serting in lieu thereof ‘‘for all purposes.’’;
(B) in subsection (b), by inserting ‘‘or is
determined under chapter 76 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 chapter, that’’; and
292
(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) shall only apply with
respect to a case to which section 555 of this title ap-
plies.’’;
(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 insert-
ing ‘‘in a case to which section 555 of this
title applies’’ after ‘‘under this section’’.
(d) DESIGNATION OF INDIVIDUALS HAVING INTER-
EST 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:
293
‘‘§ 655. Designation of persons having interest in sta-
tus of member as a missing person
‘‘(a) The Secretary concerned shall, upon the enlist-
ment or appointment of a person in the armed forces, re-
quire that the person specify in writing the person (if any),
other than that person’s primary next of kin, to whom in-
formation on the whereabouts or status of the member
shall be provided if such whereabouts or status are inves-
tigated under chapter 76 of this title. The Secretary shall
periodically, and whenever the member is deployed as part
of a contingency operation or in other circumstances speci-
fied by the Secretary, require that such designation be re-
confirmed, or modified, by the member.
‘‘(b) The Secretary concerned shall, upon the request
of a member, permit the member to change the person
or persons specified by the member under subsection (a)
at any time. Any such change 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 member as a missing
person.’’.
294
SEC. 564. NOMINATIONS TO SERVICE ACADEMIES FROM
COMMONWEALTH OF THE NORTHERN MARI-
ANAS ISLANDS.
(a) MILITARY ACADEMY.—Section 4342(a) of title
10, United States Code, is amended by inserting after
paragraph (9) the following new paragraph:
‘‘(10) One cadet from the Commonwealth of the
Northern Marianas Islands, nominated by the resi-
dent representative from the commonwealth.’’.
(b) NAVAL ACADEMY.—Section 6954(a) of title 10,
United States Code, is amended by inserting after para-
graph (9) the following new paragraph:
‘‘(10) One from the Commonwealth of the
Northern Marianas Islands, nominated by the resi-
dent representative from the commonwealth.’’.
(c) AIR FORCE ACADEMY.—Section 9342(a) of title
10, United States Code, is amended by inserting after
paragraph (9) the following new paragraph:
‘‘(10) One cadet from the Commonwealth of the
Northern Marianas Islands, nominated by the resi-
dent representative from the commonwealth.’’.
295
SEC. 565. REPORT ON THE CONSISTENCY OF REPORTING
OF FINGERPRINT CARDS AND FINAL DISPOSI-
TION FORMS TO THE FEDERAL BUREAU OF
INVESTIGATION.
(a) REPORT.—The Secretary of Defense shall submit
to Congress a report on the consistency with which finger-
print cards and final disposition forms, as described in
Criminal Investigations Policy Memorandum 10 issued by
the Defense Inspector General on March 25, 1987, are
reported by the Defense Criminal Investigative Organiza-
tions to the Federal Bureau of Investigation for inclusion
in the Bureau’s criminal history identification files.
(b) MATTERS TO BE INCLUDED.—In the report, the
Secretary shall—
(1) survey fingerprint cards and final disposi-
tion forms filled out in the past 24 months by each
investigative organization;
(2) compare the fingerprint cards and final dis-
position forms filled out to all judicial and
nonjudicial procedures initiated as a result of actions
taken by each investigative service in the past 24
months;
(3) account for any discrepancies between the
forms filled out and the judicial and nonjudicial pro-
cedures initiated;
296
(4) compare the fingerprint cards and final dis-
position forms filled out with the information held
by the Federal Bureau of Investigation criminal his-
tory identification files;
(5) identify any weaknesses in the collection of
fingerprint cards and final disposition forms and in
the reporting of that information to the Federal Bu-
reau of Investigation; and
(6) determine whether or not other law enforce-
ment activities of the military services collect and re-
port such information or, if not, should collect and
report such information.
(c) SUBMISSION OF REPORT.—The report shall be
submitted not later than 180 days after the date of the
enactment of this Act.
(d) DEFINITION.—For the purposes of this section,
the term ‘‘criminal history identification files’’, with re-
spect to the Federal Bureau of Investigation, means the
criminal history record system maintained by the Federal
Bureau of Investigation based on fingerprint identification
and any other method of positive identification.
297
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUC-
TION 
FOR 
OFFICERS 
OF 
COMMISSIONED
CORPS OF NATIONAL OCEANIC AND ATMOS-
PHERIC ADMINISTRATION.
(a) SEPARATION BENEFITS.—Subsection (a) of sec-
tion 3 of the Act of August 10, 1956 (33 U.S.C. 857a),
is amended by adding at the end the following new para-
graph:
‘‘(15) Section 1174a, special separation benefits
(except that benefits under subsection (b)(2)(B) of
such section are subject to the availability of appro-
priations for such purpose and are provided at the
discretion of the Secretary of Commerce).’’.
(b) TECHNICAL CORRECTIONS.—Such section is fur-
ther amended—
(1) by striking out ‘‘Coast and Geodetic Sur-
vey’’ in subsections (a) and (b) and inserting in lieu
thereof ‘‘commissioned officer corps of the National
Oceanic and Atmospheric Administration’’; and
(2) in subsection (a), by striking out ‘‘including
changes in those rules made after the effective date
of this Act’’ in the matter preceding paragraph (1)
and inserting in lieu thereof ‘‘as those provisions are
in effect from time to time’’.
(c) TEMPORARY
EARLY
RETIREMENT
AUTHOR-
ITY..—Section 4403 (other than subsection (f)) of the Na-
298
tional Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 106 Stat. 2702; 10 U.S.C. 1293
note) shall apply to the commissioned officer corps of the
National Oceanic and Atmospheric Administration in the
same manner and to the same extent as that section ap-
plies to the Department of Defense. The Secretary of
Commerce shall implement the provisions of that section
with respect to such commissioned officer corps and shall
apply the provisions of that section to the provisions of
the Coast and Geodetic Survey Commissioned Officers’
Act of 1948 relating to the retirement of members of such
commissioned officer corps.
(d) EFFECTIVE DATE.—This section shall apply only
to members of the commissioned officer corps of the Na-
tional Oceanic and Atmospheric Administration who are
separated after September 30, 1995.
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 of compensation of members of
the uniformed services to become effective during fiscal
year 1996 shall not be made.