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(b) SAVINGS PROVISION.—The amendments made by
this section shall not apply to a person serving pursuant
to appointment in the position of Deputy Judge Advocate
General of the Air Force while such person is serving the
term for which the person was appointed to such position
before the date of the enactment of this Act and any exten-
sion of such term.
SEC. 505. RETIRING GENERAL AND FLAG OFFICERS: APPLI-
CABILITY OF UNIFORM CRITERIA AND PROCE-
DURES FOR RETIRING IN HIGHEST GRADE IN
WHICH SERVED.
(a) APPLICABILITY
OF
TIME-IN-GRADE
REQUIRE-
MENTS.—Section 1370 of title 10, United States Code, is
amended—
(1) in subsection (a)(2)(A), by striking out ‘‘and
below lieutenant general or vice admiral’’; and
(2) in the first sentence of subsection (d)(2)(B),
as added by section 1641 of the Reserve Officer Per-
sonnel Management Act (title XVI of Public Law
103–337; 108 Stat. 2968), by striking out ‘‘and below
lieutenant general or vice admiral’’.
(b) RETIREMENT IN HIGHEST GRADE UPON CERTIFI-
CATION OF SATISFACTORY SERVICE.—Section 1370(c) of
title 10, United States Code, is amended—
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(1) by striking out ‘‘Upon retirement an officer’’
and inserting in lieu thereof ‘‘An officer’’; and
(2) by striking out ‘‘may, in the discretion’’ and
all that follows and inserting in lieu thereof ‘‘may be
retired in the higher grade under subsection (a) only
after the Secretary of Defense certifies in writing to
the President and the Senate that the officer served on
active duty satisfactorily in that grade. The 3-year
time-in-grade requirement in paragraph (2)(A) of
subsection (a) may not be reduced or waived under
such subsection in the case of such an officer while the
officer is under investigation for alleged misconduct
or while disposition of an adverse personnel action is
pending against the officer for alleged misconduct.’’.
(c) CONFORMING AMENDMENTS.—Sections 3962(a),
5034, and 8962(a) of title 10, United States Code, are re-
pealed.
(d) TECHNICAL
AND CLERICAL AMENDMENTS.—(1)
Sections 3962(b) and 8962(b) of such title are amended by
striking out ‘‘(b) Upon’’ and inserting in lieu thereof
‘‘Upon’’.
(2) The table of sections at the beginning of chapter
505 of such title is amended by striking out the item relat-
ing to section 5034.
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(e) EFFECTIVE DATE FOR AMENDMENTS TO PROVI-
SION TAKING EFFECT IN 1996.—The amendment made by
subsection (a)(2) shall take effect on October 1, 1996, imme-
diately after subsection (d) of section 1370 of title 10, Unit-
ed States Code, takes effect under section 1691(b)(1) of the
Reserve Officer Personnel Management Act (108 Stat.
3026).
SEC. 506. EXTENSION OF CERTAIN RESERVE OFFICER MAN-
AGEMENT AUTHORITIES.
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN
RESERVE
MEDICAL
OFFICERS.—Section 3359(b) and
8359(b) of title 10, United States Code, are each amended
by striking out ‘‘September 30, 1995’’ and inserting in lieu
thereof ‘‘September 30, 1996’’.
(b) PROMOTION AUTHORITY FOR CERTAIN RESERVE
OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)
and 8380(d) of title 10, United States Code, are each
amended by striking out ‘‘September 30, 1995’’ and insert-
ing in lieu thereof ‘‘September 30, 1996’’.
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER
TO THE RETIRED RESERVE.—Section 1016(d) of the De-
partment of Defense Authorization Act, 1984 (10 U.S.C.
3360) is amended by striking out ‘‘September 30, 1995’’
and inserting in lieu thereof ‘‘September 30, 1996’’.
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SEC. 507. RESTRICTIONS ON WEARING INSIGNIA FOR HIGH-
ER GRADE BEFORE PROMOTION.
(a) ACTIVE-DUTY LIST.—(1) Subchapter II of chapter
36 of title 10, United States Code, is amended by inserting
after section 624 the following:
‘‘§ 624a. Restrictions on frocking
‘‘(a) RESTRICTIONS.—An officer may not be frocked
to a grade unless—
‘‘(1) the Senate has confirmed by advice and
consent a nomination of the officer for promotion to
that grade; and
‘‘(2) the officer is serving in, or has been ordered
to, a position for which that grade is authorized.
‘‘(b) BENEFITS NOT TO ACCRUE.—(1) An officer
frocked to a grade may not, on the basis of the frocking—
‘‘(A) be paid the rate of pay provided for an offi-
cer in that grade having the same number of years of
service as the frocked officer; or
‘‘(B) assume any legal authority associated with
that grade.
‘‘(2) The period for which an officer is frocked to a
grade may not be taken into account for any of the follow-
ing purposes:
‘‘(A) Seniority in that grade.
‘‘(B) Time of service in that grade.
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‘‘(c) NUMBERS
OF
ACTIVE-DUTY
LIST
OFFICERS
FROCKED TO GRADE O–7.—The number of officers on the
active-duty list who are authorized by frocking to wear the
insignia for the grade of brigadier general or, in the Navy,
rear admiral (lower half) may not exceed 35.
‘‘(d) NUMBERS
OF ACTIVE-DUTY LIST OFFICERS
FROCKED TO GRADES O–4, O–5, AND O–6.—The number
of officers of an armed force on the active-duty list who are
authorized by frocking to wear the insignia for a grade to
which a limitation on total number applies under section
523(a) of this title for a fiscal year may not exceed one
percent of the total number provided for the officers in that
grade in that armed force in the administration of the limi-
tation under such section 523(a) for such fiscal year.
‘‘(e) DEFINITION.—In this section, the term ‘frock’,
with respect to an officer, means to authorize the officer to
wear the insignia of a higher grade before being promoted
to that grade.’’.
(2) The table of sections at the beginning of subchapter
II of chapter 36 of such title is amended by inserting after
the item relating to section 624 the following:
‘‘624a. Restrictions on frocking.’’.
(b) TEMPORARY VARIATION OF LIMITATIONS ON NUM-
BERS OF FROCKED OFFICERS.—(1) In the administration
of section 624a(c) of title 10, United States Code (as added
by subsection (a)), for fiscal years 1996 and 1997, the maxi-
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mum number applicable to officers on the active-duty list
who are authorized by frocking to wear the insignia for the
grade of brigadier general or, in the Navy, rear admiral
(lower half) is as follows:
(A) During fiscal year 1996, 75 officers.
(B) During fiscal year 1997, 55 officers.
(2) In the administration of section 624a(d) of title
10, United States Code (as added by subsection (a)), for
fiscal year 1996, the percent limitation applied under that
section shall be two percent instead of one percent.
(c) DEFINITION.—In this section, the term ‘frock’, with
respect to an officer, means to authorize the officer to wear
the insignia of a higher grade before being promoted to that
grade.
SEC. 508. DIRECTOR OF ADMISSIONS, UNITED STATES MILI-
TARY ACADEMY: RETIREMENT FOR YEARS OF
SERVICE.
(a) AUTHORITY TO DIRECT RETIREMENT.—Section
3920 of title 10, United States Code, is amended to read
as follows:
‘‘§ 3920. More than thirty years: permanent professors
and the Director of Admissions of United
States Military Academy
‘‘(a) AUTHORITY TO DIRECT RETIREMENT.—The Sec-
retary of the Army may retire any of the personnel of the
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United States Military Academy described in subsection (b)
who has more than 30 years of service as a commissioned
officer.
‘‘(b) APPLICABILITY.—The authority under subsection
(a) may be exercised in the case of the following personnel:
‘‘(1) A permanent professor.
‘‘(2) The Director of Admissions.’’.
(b) CLERICAL AMENDMENT.—The item relating to
such section in the table of sections at the beginning of chap-
ter 367 of such title is amended to read as follows:
‘‘3920. More than thirty years: permanent professors and the Director of Admis-
sions of United States Military Academy.’’.
Subtitle B—Matters Relating to
Reserve Components
SEC. 511. 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 of insurance program.
‘‘12523. Risk insured.
‘‘12524. Enrollment and election of benefits.
‘‘12525. Benefit amounts.
‘‘12526. Premiums.
‘‘12527. Payment of premiums.
‘‘12528. Department of Defense Ready Reserve Income Insurance Fund.
‘‘12529. Board of Actuaries.
‘‘12530. Payment of benefits.
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covered service that exceeds 30 days of covered service, ex-
cept that no member may be paid under the insurance pro-
gram for more than 12 months of covered service served dur-
ing any period of 18 consecutive months.
‘‘(2) Payment shall be based solely on the insured sta-
tus of a member and on the period of covered service served
by the member. Proof of loss of income or of expenses in-
curred as a result of covered service may not be required.
‘‘§ 12524. Enrollment and election of benefits
‘‘(a) ENROLLMENT.—(1) Except as provided in sub-
section (f), upon first becoming a member of the Ready Re-
serve, a member shall be automatically enrolled for coverage
under the insurance program. An automatic enrollment of
a member shall be void if within 30 days after first becom-
ing a member of the Ready Reserve the member declines
insurance under the program in accordance with the regu-
lations prescribed by the Secretary.
‘‘(2) Promptly after the insurance program is estab-
lished, the Secretary shall offer to members of the reserve
components who are then members of the Ready Reserve
(other than members ineligible under subsection (f)) an op-
portunity to enroll for coverage under the insurance pro-
gram. A member who fails to enroll within 30 days after
being offered the opportunity shall be considered as having
declined to be insured under the program.
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‘‘(3) A member of the Ready Reserve ineligible to enroll
under subsection (f) shall be afforded an opportunity to en-
roll upon being released from active duty if the member has
not previously had the opportunity to be enrolled under
paragraph (1) or (2). A member who fails to enroll within
30 days after being afforded that opportunity shall be con-
sidered as having declined to be insured under the program.
‘‘(b) ELECTION OF BENEFIT AMOUNT.—The amount of
a member’s monthly benefit under an enrollment shall be
the basic benefit under subsection (a) of section 12525 of
this title unless the member elects a different benefit under
subsection (b) of such section within 30 days after first be-
coming a member of the Ready Reserve or within 30 days
after being offered the opportunity to enroll, as the case may
be.
‘‘(c) ELECTIONS IRREVOCABLE.—(1) An election to de-
cline insurance pursuant to paragraph (1) or (2) of sub-
section (a) is irrevocable.
‘‘(2) Subject to subsection (d), the amount of coverage
may not be changed after enrollment.
‘‘(d) ELECTION TO TERMINATE.—A member may ter-
minate an enrollment at any time.
‘‘(e) INFORMATION TO BE FURNISHED.—The Sec-
retary shall ensure that members referred to in subsection
(a) are given a written explanation of the insurance pro-
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gram and are advised that they have the right to decline
to be insured and, if not declined, to elect coverage for a
reduced benefit or an enhanced benefit under subsection (b).
‘‘(f) MEMBERS INELIGIBLE TO ENROLL.—Members of
the Ready Reserve serving on active duty (or full-time Na-
tional Guard duty) are not eligible to enroll for coverage
under the insurance program. The Secretary may define
any additional category of members of the Ready Reserve
to be excluded from eligibility to purchase insurance under
this chapter.
‘‘§ 12525. Benefit amounts
‘‘(a) BASIC BENEFIT.—The basic benefit for an in-
sured member under the insurance program is $1,000 per
month (as adjusted under subsection (d)).
‘‘(b) REDUCED AND ENHANCED BENEFITS.—Under
the regulations prescribed by the Secretary, a person en-
rolled for coverage under the insurance program may
elect—
‘‘(1) a reduced coverage benefit equal to one-half
the amount of the basic benefit; or
‘‘(2) an enhanced benefit in the amount of
$1,500, $2,000, $2,500, $3,000, $3,500, $4,000,
$4,500, or $5,000 per month (as adjusted under sub-
section (d)).
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‘‘(c) AMOUNT FOR PARTIAL MONTH.—The amount of
insurance payable to an insured member for any period
of covered service that is less than one month shall be deter-
mined by multiplying 1⁄30 of the monthly benefit rate for
the member by the number of days of the covered service
served by the member during such period.
‘‘(d) ADJUSTMENT OF AMOUNTS.—(1) The Secretary
shall determine annually the effect of inflation on benefits
and shall adjust the amounts set forth in subsections (a)
and (b)(2) to maintain the constant dollar value of the bene-
fit.
‘‘(2) If the amount of a benefit as adjusted under para-
graph (1) is not evenly divisible by $10, the amount shall
be rounded to the nearest multiple of $10, except that an
amount evenly divisible by $5 but not by $10 shall be
rounded to the next lower amount that is evenly divisible
by $10.
‘‘§ 12526. Premiums
‘‘(a) ESTABLISHMENT OF RATES.—(1) The Secretary,
in consultation with the Board of Actuaries, shall prescribe
the premium rates for insurance under the insurance pro-
gram.
‘‘(2) The Secretary shall prescribe a fixed premium
rate for each $1,000 of monthly insurance benefit. The pre-
mium amount shall be equal to the share of the cost attrib-
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utable to insuring the member and shall be the same for
all members of the Ready Reserve who are insured under
the insurance program for the same benefit amount. The
Secretary shall prescribe the rate on the basis of the best
available estimate of risk and financial exposure, levels of
subscription by members, and other relevant factors.
‘‘(b) LEVEL PREMIUMS.—The premium rate pre-
scribed for the first year of insurance coverage of an insured
member shall be continued without change for subsequent
years of insurance coverage, except that the Secretary, after
consultation with the Board of Actuaries, may adjust the
premium rate in order to fund inflation-adjusted benefit in-
creases on an actuarially sound basis.
‘‘§ 12527. Payment of premiums
‘‘(a) METHODS OF PAYMENT.—(1) The monthly pre-
mium for coverage of a member under the insurance pro-
gram shall be deducted and withheld from the insured mem-
ber’s basic pay for inactive duty training each month.
‘‘(2) An insured member who does not receive pay on
a monthly basis shall pay the Secretary directly the pre-
mium amount applicable for the level of benefits for which
the member is insured.
‘‘(b) ADVANCE PAY FOR PREMIUM.—The Secretary
concerned may advance to an insured member the amount
equal to the first insurance premium payment due under
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this chapter. The advance may be paid out of appropria-
tions for military pay. An advance to a member shall be
collected from the member either by deducting and withhold-
ing the amount from basic pay payable for the member or
by collecting it from the member directly. No disbursing or
certifying officer shall be responsible for any loss resulting
from an advance under this subsection.
‘‘(c) PREMIUMS TO BE DEPOSITED IN FUND.—Pre-
mium amounts deducted and withheld from the basic pay
of insured members and premium amounts paid directly
to the Secretary shall be credited to the Fund.
‘‘§ 12528. Department of Defense Ready Reserve In-
come Insurance Fund
‘‘(a) ESTABLISHMENT.—There is established on the
books of the Treasury a fund to be known as the ‘Depart-
ment of Defense Ready Reserve Income Insurance Fund’,
which shall be administered by the Secretary of the Treas-
ury. The Fund shall be used for the accumulation of funds
in order to finance the liabilities of the insurance program
on an actuarially sound basis.
‘‘(b) ASSETS OF FUND.—There shall be deposited into
the Fund the following:
‘‘(1) Premiums paid under section 12527 of this
title.
‘‘(2) Any amount appropriated to the Fund.
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‘‘(3) Any return on investment of the assets of
the Fund.
‘‘(c) AVAILABILITY.—Amounts in the Fund shall be
available for paying insurance benefits under the insurance
program.
‘‘(d) 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 Defense re-
quired 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 De-
fense, and bearing interest at rates determined by the Sec-
retary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the
United States of comparable maturities. The income on
such investments shall be credited to the Fund.
‘‘(e) ANNUAL ACCOUNTING.—At the beginning of each
fiscal year, the Secretary, in consultation with the Board
of Actuaries and the Secretary of the Treasury, shall deter-
mine the following:
‘‘(1) The projected amount of the premiums to be
collected, investment earnings to be received, and any
transfers or appropriations to be made for the Fund
for that fiscal year.
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‘‘(2) The amount for that fiscal year of any cu-
mulative unfunded liability (including any negative
amount or any gain to the Fund) resulting from pay-
ments of benefits.
‘‘(3) The amount for that fiscal year (including
any negative amount) of any cumulative actuarial
gain or loss to the Fund.
‘‘§ 12529. Board of Actuaries
‘‘(a) ACTUARIAL RESPONSIBILITY.—The Board of Ac-
tuaries shall have the actuarial responsibility for the insur-
ance program.
‘‘(b) VALUATIONS
AND
PREMIUM
RECOMMENDA-
TIONS.—The Board of Actuaries shall carry out periodic
actuarial valuations of the benefits under the insurance pro-
gram and determine a premium rate methodology for the
Secretary to use in setting premium rates for the insurance
program. The Board shall conduct the first valuation and
determine a premium rate methodology not later than six
months after the insurance program is established.
‘‘(c) EFFECTS OF CHANGED BENEFITS.—If at the time
of any actuarial valuation under subsection (b) there has
been a change in benefits under the insurance 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 of Actuaries
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shall determine a premium rate methodology, and rec-
ommend to the Secretary a premium schedule, for the liq-
uidation of any liability (or actuarial gain to the Fund)
resulting from 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 decrease)
in the present value of such benefits.
‘‘(d) ACTUARIAL GAINS OR LOSSES.—If at the time
of any such valuation the Board of Actuaries determines
that there has been an actuarial gain or loss to the Fund
as a result of changes in actuarial assumptions since the
last valuation or as a result of any differences, between ac-
tual and expected experience since the last valuation, the
Board shall recommend to the Secretary a premium rate
schedule for the amortization of the cumulative gain or loss
to the Fund resulting from such changes in assumptions
and any previous such changes in assumptions or from the
differences in actual and expected experience, respectively,
through an increase or decrease in the payments that would
otherwise be made to the Fund.
‘‘(e) INSUFFICIENT ASSETS.—If at any time liabilities
of the Fund exceed assets of the Fund as a result of members
of the Ready Reserve being ordered to active duty as de-
scribed in section 12521(2) of this title, and funds are un-
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available to pay benefits completely, the Secretary shall re-
quest the President to submit to Congress a request for a
special appropriation to cover the unfunded liability. If ap-
propriations are not made to cover an unfunded liability
in any fiscal year, the Secretary shall reduce the amount
of the benefits paid under the insurance program to a total
amount that does not exceed the assets of the Fund expected
to accrue by the end of such fiscal year. Benefits that cannot
be paid because of such a reduction shall be deferred and
may be paid only after and to the extent that additional
funds become available.
‘‘(f) DEFINITION OF PRESENT VALUE.—The Board of
Actuaries shall define the term ‘present value’ for purposes
of this subsection.
‘‘§ 12530. Payment of benefits
‘‘(a) COMMENCEMENT
OF
PAYMENT.—An insured
member 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 beginning not later than one month
after the 30th day of covered service.
‘‘(b) METHOD OF PAYMENT.—The Secretary shall pre-
scribe in the regulations the manner in which payments
shall be made to the member or to a person designated in
accordance with subsection (c).
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‘‘(c) DESIGNATED RECIPIENTS.—(1) A member may
designate in writing another person (including a spouse,
parent, or other person with an insurable interest, as deter-
mined in accordance with the regulations prescribed by the
Secretary) to receive payments of insurance benefits under
the insurance program.
‘‘(2) A member may direct that payments of insurance
benefits for a person designated under paragraph (1) be de-
posited with a bank or other financial institution to the
credit of the designated person.
‘‘(d) RECIPIENTS IN EVENT OF DEATH OF INSURED
MEMBER.—Any insurance payable under the insurance
program on account of a deceased member’s period of cov-
ered service shall be paid, upon the establishment of a valid
claim, to the beneficiary or beneficiaries which the deceased
member 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.
‘‘§ 12531. Purchase of insurance
‘‘(a) PURCHASE AUTHORIZED.—The Secretary may,
instead of or in addition to underwriting the insurance pro-
gram through the Fund, purchase from one or more insur-
ance companies a policy or policies of group insurance in
order to provide the benefits required under this chapter.
The Secretary may waive any requirement for full and open
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competition in order to purchase an insurance policy under
this subsection.
‘‘(b) ELIGIBLE INSURERS.—In order to be eligible to
sell insurance to the Secretary for purposes of subsection
(a), an insurance company shall—
‘‘(1) be licensed to issue insurance 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 ef-
fect at least one percent of the total amount of insur-
ance that all such insurance companies have in effect
in the United States.
‘‘(c) ADMINISTRATIVE PROVISIONS.—(1) An insurance
company that issues a policy for purposes of subsection (a)
shall establish an administrative office at a place and under
a name designated by the Secretary.
‘‘(2) For the purposes of carrying out this chapter, the
Secretary may use the facilities and services of any insur-
ance company issuing any policy for purposes of subsection
(a), may designate one such company as the representative
of the other companies for such purposes, and may contract
to pay a reasonable fee to the designated company for its
services.
‘‘(d) REINSURANCE.—The Secretary shall arrange
with each insurance company issuing any policy for pur-
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poses of subsection (a) to reinsure, under conditions ap-
proved by the Secretary, portions of the total amount of
the insurance under such policy or policies with such other
insurance companies (which meet qualifying criteria pre-
scribed by the Secretary) as may elect to participate in such
reinsurance.
‘‘(e) TERMINATION.—The Secretary may at any time
terminate any policy purchased under this section.
‘‘§ 12532. Termination for nonpayment of premiums;
forfeiture
‘‘(a) TERMINATION FOR NONPAYMENT.—The coverage
of a member under the insurance program shall terminate
without prior notice upon a failure of the member to make
required monthly payments of premiums for two consecu-
tive months. The Secretary may provide in the regulations
for reinstatement of insurance coverage terminated under
this subsection.
‘‘(b) FORFEITURE.—Any person convicted of mutiny,
treason, spying, or desertion, or who refuses to perform serv-
ice 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
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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 1214 of title 10, United States Code,
as added by subsection (a), and the requirement for deduc-
tions and contributions for that program shall take effect
on September 30, 1996, or on any earlier date declared by
the Secretary and published in the Federal Register.
SEC. 512. ELIGIBILITY OF DENTISTS TO RECEIVE ASSIST-
ANCE UNDER THE FINANCIAL ASSISTANCE
PROGRAM 
FOR 
HEALTH 
CARE 
PROFES-
SIONALS IN RESERVE COMPONENTS.
Section 16201(b) of title 10, United States Code, is
amended—
(1) by striking out ‘‘(b) PHYSICIANS IN CRITICAL
SPECIALTIES.—’’ and inserting in lieu thereof ‘‘(b)
PHYSICIANS
AND DENTISTS
IN CRITICAL SPECIAL-
TIES.—’’;
(2) in paragraph (1)—
(A) by inserting ‘‘or dental school’’ in sub-
paragraph (A) after ‘‘medical school’’;
(B) by inserting ‘‘or as a dental officer’’ in
subparagraph (B) after ‘‘medical officer’’; and
(C) by striking out ‘‘physicians in a medi-
cal specialty designated’’ and inserting in lieu
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thereof ‘‘physicians or dentists in a medical spe-
cialty or dental specialty, respectively, that is
designated’’; and
(3) in paragraph (2)(B), by inserting ‘‘or dental
officer’’ after ‘‘medical officer’’.
SEC. 513. LEAVE FOR MEMBERS OF RESERVE COMPONENTS
PERFORMING PUBLIC SAFETY DUTY.
(a) ELECTION OF LEAVE TO BE CHARGED.—Sub-
section (b) of section 6323 of title 5, United States Code,
is amended by adding at the end the following: ‘‘Upon the
request of an employee, the period for which an employee
is absent to perform service described in paragraph (2) may
be charged to the employee’s accrued annual leave or to com-
pensatory time available to the employee instead of being
charged as leave to which the employee is entitled under
this subsection. The period of absence may not be charged
to sick leave.’’.
(b) PAY FOR PERIOD OF ABSENCE.—Section 5519 of
such title is amended by striking out ‘‘entitled to leave’’ and
inserting in lieu thereof ‘‘granted military leave’’.
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Subtitle C—Uniform Code of
Military Justice
SEC. 521. 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. 522. DEFINITIONS.
Section 801 (article 1) is amended by inserting after
paragraph (14) the following new paragraphs:
‘‘(15) The term ‘classified information’ means
any information or material that has been deter-
mined by an official of the United States pursuant to
law, an Executive order, or regulation to require pro-
tection against unauthorized disclosure for reasons of
national security, and any restricted data, as defined
in section 11(y) of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
‘‘(16) The term ‘national security’ means the na-
tional defense and foreign relations of the United
States.’’.
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SEC. 523. ARTICLE 32 INVESTIGATIONS.
Section 832 (article 32) is amended—
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) If evidence adduced in an investigation under this
article indicates that the accused committed an uncharged
offense, the investigating officer is authorized to investigate
the subject matter of such offense without the accused having
first been charged with the offense. If the accused was
present at such investigation, was informed of the nature
of each uncharged offense investigated, and was afforded the
opportunities for representation, cross-examination, and
presentation prescribed in subsection (b), no further inves-
tigation of such offense or offenses is necessary under this
article.’’.
SEC. 524. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended—
(1) by inserting ‘‘indictment or’’ in the first sen-
tence after ‘‘shall be tried on’’; and
(2) in the second sentence, by striking out ‘‘shall
be’’ and all that follows and inserting in lieu thereof
‘‘shall be fined or imprisoned, or both, at the court’s
discretion.’’.
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SEC. 525. COMMITMENT OF ACCUSED TO TREATMENT FA-
CILITY BY REASON OF LACK OF MENTAL CA-
PACITY OR MENTAL RESPONSIBILITY.
(a) APPLICABLE PROCEDURES.—(1) Chapter 47 is
amended by inserting after section 850a (article 50a) the
following:
‘‘§ 850b. Art. 50b. Lack of mental capacity or mental
responsibility: commitment of accused for
examination and treatment
‘‘(a) PERSONS INCOMPETENT TO STAND TRIAL.—(1)
In the case of a person determined under this chapter to
be presently suffering from a mental disease or defect ren-
dering the person mentally incompetent to the extent that
the person is unable to understand the nature of the pro-
ceedings against that person or to conduct or cooperate in-
telligently in the defense of the case, the general court-mar-
tial convening authority for that person shall commit the
person to the custody of the Attorney General.
‘‘(2) The Attorney General shall take action in accord-
ance with section 4241(d) of title 18.
‘‘(3) If at the end of the period for hospitalization pro-
vided for in section 4241(d) of title 18, it is determined
that the committed person’s mental condition has not so im-
proved as to permit the trial to proceed, action shall be
taken in accordance with section 4246 of such title.
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‘‘(4)(A) When the director of a facility in which a per-
son is hospitalized pursuant to paragraph (2) determines
that the person has recovered to such an extent that the per-
son is able to understand the nature of the proceedings
against the person and to conduct or cooperate intelligently
in the defense of the case, the director shall promptly trans-
mit a notification of that determination to the Attorney
General and to the general court-martial convening author-
ity for the person. The director shall send a copy of the
notification to the person’s counsel.
‘‘(B) Upon receipt of a notification, the general court-
martial convening authority shall promptly take custody
of the person unless the person covered by the notification
is no longer subject to this chapter. If the person is no longer
subject to this chapter, the Attorney General shall take any
action within the authority of the Attorney General that
the Attorney General considers appropriate regarding the
person.
‘‘(C) The director of the facility may retain custody
of the person for not more than 30 days after transmitting
the notifications required by subparagraph (A).
‘‘(5) In the application of section 4246 of title 18 to
a case under this subsection, references to the court that or-
dered the commitment of a person, and to the clerk of such
court, shall be deemed to refer to the general court-martial
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convening authority for that person. However, if the person
is no longer subject to this chapter at a time relevant to
the application of such section to the person, the United
States district court for the district where the person is hos-
pitalized or otherwise may be found shall be considered as
the court that ordered the commitment of the person.
‘‘(b) PERSONS FOUND NOT GUILTY BY REASON OF
LACK OF MENTAL RESPONSIBILITY.—(1) If a person is
found by a court-martial not guilty only by reason of lack
of mental responsibility, the person shall be committed to
a suitable facility until the person is eligible for release in
accordance with this section.
‘‘(2) The court-martial shall conduct a hearing on the
mental condition in accordance with subsection (c) of sec-
tion 4243 of title 18. Subsections (b) and (d) of that section
shall apply with respect to the hearing.
‘‘(3) A report of the results of the hearing shall be made
to the general court-martial convening authority for the
person.
‘‘(4) If the court-martial fails to find by the standard
specified in subsection (d) of section 4243 of title 18 that
the person’s release would not create a substantial risk of
bodily injury to another person or serious damage of prop-
erty of another due to a present mental disease or defect—
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‘‘(A) the general court-martial convening author-
ity may commit the person to the custody of the At-
torney General; and
‘‘(B) the Attorney General shall take action in
accordance with subsection (e) of section 4243 of title
18.
‘‘(5) Subsections (f), (g), and (h) of section 4243 of
title 18 shall apply in the case of a person hospitalized pur-
suant to paragraph (4)(B), except that the United States
district court for the district where the person is hospital-
ized shall be considered as the court that ordered the per-
son’s commitment.
‘‘(c) GENERAL PROVISIONS.—(1) Except as otherwise
provided in this subsection and subsection (d)(1), the provi-
sions of section 4247 of title 18 apply in the administration
of this section.
‘‘(2) In the application of section 4247(d) of title 18
to hearings conducted by a court-martial under this section
or by (or by order of) a general court-martial convening
authority under this section, the reference in that section
to section 3006A of such title does not apply.
‘‘(d) APPLICABILITY.—(1) The provisions of chapter
313 of title 18 referred to in this section apply according
to the provisions of this section notwithstanding section
4247(j) of title 18.
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‘‘(2) If the status of a person as described in section
802 of this title (article 2) terminates while the person is,
pursuant to this section, in the custody of the Attorney Gen-
eral, hospitalized, or on conditional release under a pre-
scribed regimen of medical, psychiatric, or psychological
care or treatment, the provisions of this section establishing
requirements and procedures regarding a person no longer
subject to this chapter shall continue to apply to that person
notwithstanding the change of status.’’.
(2) The table of sections at the beginning of subchapter
VII of such chapter is amended by inserting after the item
relating to section 850a (article 50a) the following:
‘‘850b. 50b. Lack of mental capacity or mental responsibility: commitment of ac-
cused for examination and treatment.’’.
(b) CONFORMING AMENDMENT.—Section 802 of title
10, United States Code (article 2 of the Uniform Code of
Military Justice), is amended by adding at the end the fol-
lowing:
‘‘(e) The provisions of this section are subject to section
850b(d)(2) of this title (article 50b(d)(2)).’’.
(c) EFFECTIVE DATE.—Section 850b of title 10, Unit-
ed States Code (article 50b of the Uniform Code of Military
Justice), as added by subsection (a), shall take effect 180
days after the date of the enactment of this Act and shall
apply with respect to charges referred to courts-martial on
or after that effective date.
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SEC. 526. FORFEITURE OF PAY AND ALLOWANCES AND RE-
DUCTION IN GRADE.
(a) EFFECTIVE DATE
OF PUNISHMENTS.—Section
857(a) (article 57(a)) is amended to read as follows:
‘‘(a)(1) Any forfeiture of pay, forfeiture of allowances,
or reduction in grade included in a sentence of a court-
martial takes effect on the earlier of—
‘‘(A) the date that is 14 days after the date on
which the sentence is adjudged; or
‘‘(B) the date on which the sentence is approved
by the convening authority.
‘‘(2) On application by an accused, the convening au-
thority may defer any forfeiture of pay, forfeiture of allow-
ances, or reduction in grade that would otherwise become
effective under paragraph (1)(A) until the date on which
the sentence is approved by the convening authority. The
deferment may be rescinded at any time by the convening
authority.
‘‘(3) A forfeiture of pay or allowances shall be collected
from pay accruing on and after the date on which the sen-
tence takes effect under paragraph (1). Periods during
which a sentence to forfeiture of pay or forfeiture of allow-
ances is suspended or deferred shall be excluded in comput-
ing the duration of the forfeiture.
‘‘(4) In this subsection, the term ‘convening authority’,
with respect to a sentence of a court-martial, means any
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person authorized to act on the sentence under section 860
of this title (article 60).’’.
(b) EFFECT OF PUNITIVE SEPARATION OR CONFINE-
MENT FOR ONE YEAR OR MORE.—(1) Subchapter VIII is
amended by inserting after section 858a (article 58a) the
following new section (article):
‘‘§ 858b. Art. 58b. Sentences: forfeiture of pay and al-
lowances
‘‘(a) A sentence adjudged by a court-martial that in-
cludes confinement for one year or more, death, dishonor-
able discharge, bad-conduct discharge, or dismissal shall re-
sult in the forfeiture of all pay and allowances due that
member during any period of confinement or parole. The
forfeiture required by this section shall take effect on the
date determined under section 857(a) of this title (article
57(a)) and may be deferred in accordance with that section.
‘‘(b) In a case involving an accused who has depend-
ents, the convening authority or other person acting under
section 860 of this title (article 60) may waive any or all
of the forfeitures of pay and allowances required by sub-
section (a) for a period not to exceed six months. Any
amount of pay or allowances that, except for a waiver under
this subsection, would be forfeited shall be paid, as the con-
vening authority or other person taking action directs, to
the dependents of the accused.
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‘‘(c) If the sentence of a member who forfeits pay and
allowances under subsection (a) is set aside or disapproved
or, as finally approved, does not provide for a punishment
referred to in subsection (a), the member shall be paid the
pay and allowances which the member would have been
paid, except for the forfeiture, for the period during which
the forfeiture was in effect.’’.
(2) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter VIII of such chapter is amended
by adding at the end the following new item:
‘‘858b. 58b. Sentences: forfeiture of pay and allowances.’’.
(c) APPLICABILITY.—The amendments made by this
section shall apply to a case in which a sentence is adjudged
by a court-martial on or after the first day of the first
month that begins at least 30 days after the date of the
enactment of this Act.
SEC. 527. DEFERMENT OF CONFINEMENT.
Section 857 (article 57) is amended by striking out
subsection (e) and inserting in lieu thereof the following:
‘‘(e)(1) When an accused in the custody of a State or
foreign country is returned temporarily to military au-
thorities for trial by court-martial and is later returned to
that State or foreign country under the authority of a mu-
tual agreement or treaty, the convening authority of the
court-martial may defer the service of the sentence to con-
finement without the consent of the accused. The deferment
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shall terminate when the accused is released permanently
to military authorities by the State or foreign country hav-
ing custody of the accused.
‘‘(2) In this subsection, the term ‘State’ includes the
District of Columbia and any commonwealth, territory, or
possession of the United States.
‘‘(f) While a review of a case under section 867(a)(2)
of this title (article 67(a)(2)) is pending, the Secretary con-
cerned or, when designated by the Secretary, an Under Sec-
retary, an Assistant Secretary, the Judge Advocate General,
or a commanding officer may defer further service of a sen-
tence to confinement which has been ordered executed in
such case.’’.
SEC. 528. SUBMISSION OF MATTERS TO THE CONVENING
AUTHORITY FOR CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) is amended by in-
serting after the first sentence the following: ‘‘Any such sub-
mission shall be in writing.’’.
SEC. 529. PROCEEDINGS IN REVISION.
Section 860(e)(2) (article 60(e)(2)) is amended by
striking out the first sentence and inserting in lieu thereof
the following: ‘‘A proceeding in revision may be ordered be-
fore authentication of the record of trial in order to correct
a clerical mistake in a judgment, order, or other part of
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the record or any error in the record arising from oversight
or omission.’’.
SEC. 530. APPEAL BY THE UNITED STATES.
Section 862(a)(1) (article 62(a)(1)) is amended to read
as follows:
‘‘(a)(1)(A) In a trial by court-martial in which a mili-
tary judge presides and in which a punitive discharge may
be adjudged, the United States may appeal the following:
‘‘(i) An order or ruling of the military judge
which terminates the proceedings with respect to a
charge or specification.
‘‘(ii) An order or ruling which excludes evidence
that is substantial proof of a fact material in the pro-
ceeding.
‘‘(iii) An order or ruling which directs the dis-
closure of classified information.
‘‘(iv) An order or ruling which imposes sanctions
for nondisclosure of classified information.
‘‘(v) A refusal of the military judge to issue a
protective order sought by the United States to pre-
vent the disclosure of classified information.
‘‘(vi) A refusal by the military judge to enforce
an order described in clause (v) that has previously
been issued by appropriate authority.
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‘‘(B) The United States may not appeal an order or
ruling that is or that amounts to, a finding of not guilty
with respect to the charge or specification.’’.
SEC. 531. FLIGHT FROM APPREHENSION.
(a) IN GENERAL.—Section 895 (article 95) is amended
to read as follows:
‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,
and escape
‘‘Any person subject to this chapter who—
‘‘(1) resists apprehension;
‘‘(2) flees from apprehension;
‘‘(3) breaks arrest; or
‘‘(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.’’.
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 895 (article 95) in the table of sections at the beginning
of subchapter X is amended to read as follows:
‘‘895. Art. 95. Resistance, flight, breach of arrest, and escape.’’.
SEC. 532. CARNAL KNOWLEDGE.
(a) GENDER NEUTRALITY.—Subsection (b) of section
920 (article 120) is amended to read as follows:
‘‘(b) Any person subject to this chapter who, under cir-
cumstances not amounting to rape, commits an act of sex-
ual intercourse with a person—
‘‘(1) who is not that person’s spouse; and
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‘‘(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)(1) In a prosecution under subsection (b), it is an
affirmative defense that—
‘‘(A) 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
‘‘(B) the accused reasonably believed that that
person had at the time of the alleged offense attained
the age of sixteen years.
‘‘(2) The accused has the burden of proving a defense
under paragraph (1) by a preponderance of the evidence.’’.
SEC. 533. 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’’.
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SEC. 534. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking
out ‘‘Courts of Military Review’’ both places it appears and
inserting in lieu thereof ‘‘Courts of Criminal Appeals’’.
SEC. 535. PERMANENT AUTHORITY CONCERNING TEM-
PORARY VACANCIES ON THE COURT OF AP-
PEALS FOR THE ARMED FORCES.
Section 1301 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–189;
103 Stat. 1569; 10 U.S.C. 942 note) is amended by striking
out subsection (i).
SEC. 536. ADVISORY PANEL ON UCMJ JURISDICTION OVER
CIVILIANS 
ACCOMPANYING 
THE 
ARMED
FORCES IN TIME OF ARMED CONFLICT.
(a) ESTABLISHMENT.—Not later than December 15,
1996, the Secretary of Defense and the Attorney General
shall jointly establish an advisory panel to review and make
recommendations on jurisdiction over civilians accompany-
ing the Armed Forces in time of armed conflict.
(b) MEMBERSHIP.—The panel shall be composed of at
least 5 individuals, including experts in military law,
international law, and federal civilian criminal law. In
making appointments to the panel, the Secretary and the
Attorney General shall ensure that the members of the panel
reflect diverse experiences in the conduct of prosecution and
defense functions.
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(c) DUTIES.—The panel shall—
(1) review historical experiences and current
practices concerning the employment, training, dis-
cipline, and functions of civilians accompanying the
Armed Forces in the field;
(2) make specific recommendations (in accord-
ance with subsection (d)) concerning—
(A) establishing court-martial jurisdiction
over civilians accompanying the Armed Forces
in the field during time of armed conflict not in-
volving a war declared by Congress;
(B) revisions to the jurisdiction of the Arti-
cle III courts over such persons; and
(C) establishment of Article I courts to exer-
cise jurisdiction over such persons; and
(3) make such additional recommendations (in
accordance with subsection (d)) as the panel considers
appropriate as a result of the review.
(d) REPORT.—(1) Not later than December 15, 1996,
the advisory panel shall transmit a report on the findings
and recommendations of the panel to the Secretary of De-
fense and the Attorney General.
(2) Not later than January 15, 1997, the Secretary
of Defense and the Attorney General shall jointly transmit
the report of the advisory panel to Congress. The Secretary
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and the Attorney General may include in the transmittal
any joint comments on the report that they consider appro-
priate, and either such official may include in the transmit-
tal any separate comments on the report that such official
considers appropriate.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Article I court’’ means a court es-
tablished under Article I of the Constitution.
(2) The term ‘‘Article III court’’ means a court
established under Article III of the Constitution.
(f) TERMINATION OF PANEL.—The panel shall termi-
nate 30 days after the date of submission of the report to
the Secretary of Defense and the Attorney General under
subsection (d).
Subtitle D—Decorations and
Awards
SEC. 541. AWARD OF PURPLE HEART TO CERTAIN FORMER
PRISONERS OF WAR.
(a) AUTHORITY TO MAKE AWARD.—The President
may award the Purple Heart to a person who, while serving
in the Armed Forces of the United States before April 25,
1962—
(1) was taken prisoner or held captive—
(A) in an action against an enemy of the
United States;
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(B) in military operations involving con-
flict with an opposing foreign force;
(C) during service with friendly forces en-
gaged in an armed conflict against an opposing
armed force in which the United States was not
a belligerent party;
(D) as the result of an action of any such
enemy or opposing armed force; or
(E) as the result of an act of any foreign
hostile force; and
(2) was wounded while being taken prisoner or
held captive.
(b) STANDARDS.—An award of the Purple Heart may
be made under subsection (a) only in accordance with the
standards in effect on the date of the enactment of this Act
for the award of the Purple Heart to a member of the Armed
Forces who, on or after April 25, 1962, has been taken pris-
oner and held captive under circumstances described in that
subsection.
(c) EXCEPTION FOR AIDING THE ENEMY.—An award
of a Purple Heart may not be made under this section to
any person convicted by a court of competent jurisdiction
of rendering assistance to any enemy of the United States.
(d) COVERED WOUNDS.—A wound determined by the
Secretary of Veterans Affairs as being a service-connected
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injury arising from being taken prisoner or held captive
under circumstances described in subsection (a) satisfies the
condition set forth in paragraph (2) of that subsection.
(e) RELATIONSHIP TO OTHER AUTHORITY TO AWARD
THE PURPLE HEART.—The authority under this section is
in addition to any other authority of the President to award
the Purple Heart.
SEC. 542. MERITORIOUS AND VALOROUS SERVICE DURING
VIETNAM ERA: REVIEW AND AWARDS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, car-
ried out by the Armed Forces of the United States in
the Ia Drang Valley of Vietnam from October 23,
1965, to November 26, 1965, is illustrative of the
many battles which pitted forces of the United States
against North Vietnamese Army regulars and Viet
Cong in vicious fighting in which many members of
the Armed Forces displayed extraordinary heroism,
sacrifice, and bravery which has not yet been offi-
cially recognized through award of appropriate deco-
rations.
(2) Accounts of these battles published since the
war ended authoritatively document repeated acts of
extraordinary heroism, sacrifice, and bravery on the
part of many members of the Armed Forces who were
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engaged in these battles, many of whom have never
been officially recognized for those acts.
(3) In some of the battles United States military
units suffered substantial losses, in some cases a ma-
jority of the strength of the units.
(4) The incidence of heavy casualties throughout
the war inhibited the timely collection of comprehen-
sive and detailed information to support rec-
ommendations for awards for the acts of heroism, sac-
rifice, and bravery performed.
(5) Requests to the Secretaries of the military de-
partments for review of award recommendations for
those acts have been denied because of restrictions in
law and regulations that require timely filing of rec-
ommendations and documented justification.
(6) Acts of heroism, sacrifice, and bravery per-
formed in combat by members of the Armed Forces of
the United States deserve appropriate and timely rec-
ognition by the people of the United States.
(7) It is appropriate to recognize military per-
sonnel for acts of extraordinary heroism, sacrifice, or
bravery that are belatedly, but properly, documented
by persons who witnessed those acts.
(b) WAIVER OF RESTRICTIONS ON AWARDS.—(1) Not-
withstanding any other provision of law, the Secretary of
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Defense or the Secretary of the military department con-
cerned may award or upgrade a decoration to any person
for an act, an achievement, or service that the person per-
formed in a campaign while serving on active duty during
the Vietnam era.
(2) Paragraph (1) applies to any decoration (includ-
ing any device in lieu of a decoration) that, during or after
the Vietnam era and before the date of the enactment of
this Act, was authorized by law or under regulations of the
Department of Defense or the military department con-
cerned to be awarded to a person for an act, an achieve-
ment, or service performed by that person while serving on
active duty.
(c) REVIEW OF AWARD RECOMMENDATIONS.—(1) The
Secretary of each military department shall review all rec-
ommendations for awards for acts, achievements, or service
described in subsection (b)(1) that have been received by the
Secretary during the period of the review.
(2) The Secretaries shall begin the review within 30
days after the date of the enactment of this Act and shall
complete the review within one year after such date.
(3) The Secretary may use the same process for carry-
ing out the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of
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the armed force or armed forces under the Secretary’s juris-
diction for acts, achievements, or service.
(4)(A) Upon completing the review, the Secretary shall
submit a report on the review to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives.
(B) The report shall contain the following information
on each recommendation for award reviewed:
(i) A summary of the recommendation.
(ii) The findings resulting from the review.
(iii) The final action taken on the recommenda-
tion.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Vietnam era’’ has the meaning
given that term in section 101(29) of title 38, United
States Code.
(2) The term ‘‘active duty’’ has the meaning
given such term in section 101(d)(1) of title 10, Unit-
ed States Code.
SEC. 
543. 
MILITARY 
INTELLIGENCE 
PERSONNEL 
PRE-
VENTED BY SECRECY FROM BEING CONSID-
ERED FOR DECORATIONS AND AWARDS.
(a) WAIVER ON RESTRICTIONS OF AWARDS.—(1) Not-
withstanding any other provision of law, the President, the
Secretary of Defense, or the Secretary of the military de-
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partment concerned may award a decoration to any person
for an act, achievement, or service that the person performed
in carrying out military intelligence duties during the pe-
riod January 1, 1940, through December 31, 1990.
(2) Paragraph (1) applies to any decoration (includ-
ing any device in lieu of a decoration) that, during or after
the period described in paragraph (1) and before the date
of the enactment of this Act, was authorized by law or under
the regulations of the Department of Defense or the military
department concerned to be awarded to a person for an act,
achievement, or service performed by that person while serv-
ing on active duty.
(b) REVIEW OF AWARD RECOMMENDATIONS.—(1) The
Secretary of each military department shall review all rec-
ommendations for awards of decorations for acts, achieve-
ments, or service described in subsection (a)(1) that have
been received by the Secretary during the period of the re-
view.
(2) The Secretary shall begin the review within 30
days after the date of the enactment of this Act and shall
complete the review within one year after such date.
(3) The Secretary may use the same process for carry-
ing out the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of
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the armed force or armed forces under the Secretary’s juris-
diction for acts, achievements, or service.
(4) The Secretary may reject a recommendation if the
Secretary determines that there is a justifiable basis for con-
cluding that the recommendation is specious.
(5) The Secretary shall take reasonable actions to pub-
licize widely the opportunity to recommend awards of deco-
rations under this section.
(6)(A) Upon completing the review, the Secretary shall
submit a report on the review to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives.
(B) The report shall contain the following information
on each recommendation for an award reviewed:
(i) A summary of the recommendation.
(ii) The findings resulting from the review.
(iii) The final action taken on the recommenda-
tion.
(iv) Administrative or legislative recommenda-
tions to improve award procedures with respect to
military intelligence personnel.
(c) DEFINITION.—In this section, the term ‘‘active
duty’’ has the meaning given such term in section 101(d)(1)
of title 10, United States Code.
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SEC. 544. REVIEW REGARDING AWARDS OF DISTINGUISHED-
SERVICE CROSS TO ASIAN-AMERICANS AND
PACIFIC ISLANDERS FOR CERTAIN WORLD
WAR II SERVICE.
(a) REVIEW REQUIRED.—The Secretary of the Army
shall—
(1) review the records relating to the award of
the Distinguished-Service Cross to Asian-Americans
and Native American Pacific Islanders for service as
members of the Army during World War II in order
to determine whether the award should be upgraded
to the Medal of Honor; and
(2) submit to the President a recommendation
that the President award a Medal of Honor to each
such person for whom the Secretary determines an
upgrade to be appropriate.
(b) WAIVER OF TIME LIMITATIONS.—The President is
authorized to award a Medal of Honor to any person re-
ferred to in subsection (a) in accordance with a rec-
ommendation of the Secretary of the Army submitted under
that subsection. The following restrictions do not apply in
the case of any such person:
(1) Sections 3744 and 8744 of title 10, United
States Code.
(2) Any regulation or other administrative re-
striction on—
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(A) the time for awarding a Medal of
Honor; or
(B) the awarding of a Medal of Honor for
service for which a Distinguished-Service Cross
has been awarded.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Native American Pacific Is-
lander’’ means a Native Hawaiian and any other Na-
tive American Pacific Islander within the meaning of
the Native American Programs Act of 1974 (42
U.S.C. 2991 et seq.).
(2) The term ‘‘World War II’’ has the meaning
given that term in section 101(8) of title 38, United
States Code.
Subtitle E—Other Matters
SEC. 551. DETERMINATION OF WHEREABOUTS AND STA-
TUS OF MISSING PERSONS.
(a) PURPOSE.—The purpose of this section is to ensure
that any member of the Armed Forces 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.
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(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. Actions of Secretary concerned; initial board inquiry.
‘‘1504. Subsequent board of inquiry.
‘‘1505. Further review.
‘‘1506. Personnel files.
‘‘1507. Recommendation of status of death.
‘‘1508. Return alive of person declared missing or dead.
‘‘1509. Effect on State law.
‘‘1510. Definitions.
‘‘§ 1501. System for accounting for missing persons
‘‘(a) OFFICE FOR MISSING PERSONNEL.—(1) The Sec-
retary of Defense shall establish within the Office of the Sec-
retary of Defense an office to have responsibility for Depart-
ment of Defense policy relating to missing persons. 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 inves-
tigation and recovery related to missing persons; and
‘‘(B) coordination for the Department of Defense
with other departments and agencies of the United
States on all matters concerning missing persons.
‘‘(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 de-
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partments and agencies and other elements of the Depart-
ment of Defense for such purposes and shall be responsible
for the coordination for such purposes within the Depart-
ment 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 throughout the Department of Defense, for
personnel recovery.
‘‘(4) The office shall establish procedures to be followed
by Department of Defense boards of inquiry, and by offi-
cials reviewing the reports of such boards, under this chap-
ter.
‘‘(b) SEARCH
AND RESCUE.—Notwithstanding sub-
section (a), responsibility for search and rescue policies
within the Department of Defense shall be established by
the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
‘‘(c) UNIFORM DOD PROCEDURES.—(1) The Secretary
of Defense shall prescribe procedures, to apply uniformly
throughout the Department of Defense, for—
‘‘(A) the determination of the status of persons
described in subsection (e); and
‘‘(B) for the systematic, comprehensive, and
timely collection, analysis, review, dissemination, and
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periodic update of information related to such per-
sons.
‘‘(2) Such procedures may provide for the delegation
by the Secretary of Defense of any responsibility of the Sec-
retary under this chapter to the Secretary of a military de-
partment.
‘‘(3) Such procedures shall be prescribed in a single
directive applicable to all elements of the Department of De-
fense, other than the elements carrying out activities relat-
ing to search and rescue.
‘‘(4) 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 1503 or 1504 of this title.
Any such extension may not be for a period in excess of
the period with respect to which the extension is provided.
Subsequent extensions may be provided on the same basis.
‘‘(d) COAST GUARD.—(1) The Secretary of Transpor-
tation shall designate an officer of the Department of
Transportation to have responsibility within the Depart-
ment of Transportation for matters relating to missing per-
sons who are Coast Guard personnel.
‘‘(2) The Secretary of Transportation shall prescribe
procedures for the determination of the status of persons de-
scribed in subsection (e) who are personnel of the Coast
Guard and for the collection, analysis, review, and update
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of information on such persons. To the maximum extent
practicable, the procedures prescribed under this paragraph
shall be similar to the procedures prescribed by the Sec-
retary of Defense under subsection (c).
‘‘(e) COVERED PERSONS.—Section 1502 of this title
applies in the case of any member of the armed forces on
active duty who becomes involuntarily absent as a result
of a hostile action, or under circumstances suggesting that
the involuntary absence is a result of a hostile action, and
whose status is undetermined or who is unaccounted for.
‘‘(f) PRIMARY NEXT OF KIN.—The individual who is
primary next of kin of any person prescribed in subsection
(e) may for purposes of this chapter designate another indi-
vidual to act on behalf of that individual as primary next
of kin. The Secretary concerned shall treat an individual
so designated as if the individual designated were the pri-
mary next of kin for purposes of this chapter. A designation
under this subsection may be revoked at any time by the
person who made the designation.
‘‘(g) TERMINATION
OF APPLICABILITY
OF PROCE-
DURES WHEN MISSING PERSON IS ACCOUNTED FOR.—The
provisions of this chapter relating to boards of inquiry and
to the actions by the Secretary concerned on the reports of
those boards shall cease to apply in the case of a missing
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person upon the person becoming accounted for or otherwise
being determined to be in a status other than missing.
‘‘§ 1502. Missing persons: initial report
‘‘(a) PRELIMINARY ASSESSMENT AND RECOMMENDA-
TION BY COMMANDER.—After receiving information that
the whereabouts or status of a person described in section
1501(e) 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—
‘‘(1) recommend that the person be placed in a
missing status; and
‘‘(2) transmit that recommendation to the Sec-
retary of Defense or the Secretary having jurisdiction
over the missing person in accordance with proce-
dures prescribed under section 1501 of this title.
‘‘(b) FORWARDING
OF RECORDS.—The commander
making the initial assessment shall (in accordance with
procedures prescribed under section 1501 of this title) safe-
guard and forward for official use any information relating
to the whereabouts or status of a missing person that result
from the preliminary assessment or from actions taken to
locate the person.
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‘‘§ 1503. Actions of Secretary concerned; initial board
inquiry
‘‘(a) DETERMINATION BY SECRETARY.—(1) Upon re-
ceiving a recommendation on the status of a person under
section 1502(a)(2) of this title, the Secretary receiving the
recommendation shall review the recommendation.
‘‘(2) After reviewing the recommendation on the status
of a person, the Secretary shall—
‘‘(A) make a determination whether the person
shall be declared missing; or
‘‘(B) if the Secretary determines that a status
other than missing may be warranted for the person,
appoint a board under this section to carry out an
inquiry into the whereabouts or status of the person.
‘‘(b) INQUIRIES INVOLVING MORE THAN ONE MISSING
PERSON.—If it appears to the Secretary who appoints a
board under this section that the absence or missing status
of two or more persons is factually related, the Secretary
may appoint a single board under this section to conduct
the inquiry into the whereabouts or status of such persons.
‘‘(c) COMPOSITION.—(1) A board appointed under this
section to inquire into the whereabouts or status of a person
shall consist of at least one military officer who has experi-
ence with and understanding of military operations or ac-
tivities similar to the operation or activity in which the
person disappeared.
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‘‘(2) 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 individual access to all
information relating to the whereabouts and status of the
missing persons covered by the inquiry.
‘‘(3) The Secretary who appoints a board under this
subsection shall, for purposes of providing legal counsel to
the board, assign to the board a judge advocate, or appoint
to the board an attorney, who has expertise in the law relat-
ing to missing persons, the determination of death of such
persons, and the rights of family members and dependents
of such persons.
‘‘(d) DUTIES OF BOARD.—A board appointed to con-
duct an inquiry into the whereabouts or status of a missing
person under this section shall—
‘‘(1) collect, develop, and investigate all facts and
evidence relating to the disappearance, whereabouts,
or status of the 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