H. R. 3230—67
‘‘(I) provide for any necessary restrictions on
the use of the property to ensure the protection
of human health and the environment;
‘‘(II) provide that there will be restrictions on
use necessary to ensure that required remedial
investigations, response action, and oversight
activities will not be disrupted;
‘‘(III) provide that all necessary response
action will be taken and identify the schedules
for investigation and completion of all necessary
response action as approved by the appropriate
regulatory agency; and
‘‘(IV) provide that the Federal agency respon-
sible for the property subject to transfer will sub-
mit a budget request to the Director of the Office
of Management and Budget that adequately
addresses schedules for investigation and comple-
tion of all necessary response action, subject to
congressional authorizations and appropriations.
‘‘(iii) WARRANTY.—When all response action nec-
essary to protect human health and the environment
with respect to any substance remaining on the prop-
erty on the date of transfer has been taken, the United
States shall execute and deliver to the transferee an
appropriate document containing a warranty that all
such response action has been taken, and the making
of the warranty shall be considered to satisfy the
requirement of subparagraph (A)(ii)(I).
‘‘(iv) FEDERAL RESPONSIBILITY.—A deferral under
this subparagraph shall not increase, diminish, or
affect in any manner any rights or obligations of a
Federal agency (including any rights or obligations
under sections 106, 107, and 120 existing prior to
transfer) with respect to a property transferred under
this subparagraph.’’.
(b) CONTINUED APPLICATION OF STATE LAW.—The first sentence
of section 120(a)(4) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(4))
is amended by inserting ‘‘or facilities that are the subject of a
deferral under subsection (h)(3)(C)’’ after ‘‘United States’’.
Subtitle D—Commissaries and
Nonappropriated Fund Instrumentalities
SEC. 341. CONTRACTS WITH OTHER AGENCIES TO PROVIDE OR
OBTAIN GOODS AND SERVICES TO PROMOTE EFFICIENT
OPERATION AND MANAGEMENT OF EXCHANGES AND
MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) CONTRACTS
TO
PROMOTE
EFFICIENT
OPERATION
AND
MANAGEMENT.—(1) Chapter 147 of title 10, United States Code,
is amended by inserting after section 2482 the following new section:
H. R. 3230—68
‘‘§ 2482a. Nonappropriated fund instrumentalities: contracts
with other agencies and instrumentalities to pro-
vide and obtain goods and services
‘‘An agency or instrumentality of the Department of Defense
that supports the operation of the exchange system, or the operation
of a morale, welfare, and recreation system, of the Department
of Defense may enter into a contract or other agreement with
another element of the Department of Defense or with another
Federal department, agency, or instrumentality to provide or obtain
goods and services beneficial to the efficient management and oper-
ation of the exchange system or that morale, welfare, and recreation
system.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2482
the following new item:
‘‘2482a. Nonappropriated fund instrumentalities: contracts with other agencies and
instrumentalities to provide and obtain goods and services.’’.
(b) CONFORMING AMENDMENT REGARDING COMMISSARY SYS-
TEM.—Section 2482(b)(1) of such title is amended by striking out
‘‘another department’’ and all that follows through ‘‘provide services’’
and inserting in lieu thereof ‘‘another element of the Department
of Defense or with another Federal department, agency, or
instrumentality to provide or obtain services’’.
SEC. 342. NONCOMPETITIVE 
PROCUREMENT 
OF 
BRAND-NAME
COMMERCIAL 
ITEMS 
FOR 
RESALE 
IN 
COMMISSARY
STORES.
(a) CLARIFICATION OF EXCEPTION TO COMPETITIVE PROCURE-
MENT.—Section 2486 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(e) The Secretary of Defense may not use the exception pro-
vided in section 2304(c)(5) of this title regarding the procurement
of a brand-name commercial item for resale in commissary stores
unless the commercial item is regularly sold outside of commissary
stores under the same brand name as the name by which the
commercial item will be sold in commissary stores.’’.
(b) EFFECT ON EXISTING CONTRACTS OR OTHER AGREEMENTS.—
Section 2486(e) of title 10, United States Code, as added by sub-
section (a), shall not affect the terms, conditions, or duration of
any contract or other agreement entered into by the Secretary
of Defense before the date of the enactment of this Act for the
procurement of commercial items for resale in commissary stores.
SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT
MATERIAL.
(a) IN GENERAL.—(1) Chapter 147 of title 10, United States
Code, is amended by inserting after section 2489 the following
new section:
‘‘§ 2489a. Sale or rental of sexually explicit material pro-
hibited
‘‘(a) PROHIBITION
OF
SALE
OR
RENTAL.—The Secretary of
Defense may not permit the sale or rental of sexually explicit
material on property under the jurisdiction of the Department of
Defense.
H. R. 3230—69
‘‘(b) PROHIBITION OF OFFICIALLY PROVIDED SEXUALLY EXPLICIT
MATERIAL.—A member of the armed forces or a civilian officer
or employee of the Department of Defense acting in an official
capacity may not provide for sale, remuneration, or rental sexually
explicit material to another person.
‘‘(c) REGULATIONS.—The Secretary of Defense shall prescribe
regulations to implement this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘sexually explicit material’ means an audio
recording, a film or video recording, or a periodical with visual
depictions, produced in any medium, the dominant theme of
which depicts or describes nudity, including sexual or excretory
activities or organs, in a lascivious way.
‘‘(2) The term ‘property under the jurisdiction of the Depart-
ment of Defense’ includes commissaries, all facilities operated
by the Army and Air Force Exchange Service, the Navy
Exchange Service Command, the Navy Resale and Services
Support Office, Marine Corps exchanges, and ships’ stores.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2489
the following new item:
‘‘2489a. Sale or rental of sexually explicit material prohibited.’’.
(b) EFFECTIVE DATE.—Subsection (a) of section 2489a of title
10, United States Code, as added by subsection (a) of this section,
shall take effect 90 days after the date of the enactment of this
Act.
Subtitle E—Performance of Functions by
Private-Sector Sources
SEC. 351. EXTENSION 
OF 
REQUIREMENT 
FOR 
COMPETITIVE
PROCUREMENT OF PRINTING AND DUPLICATION SERV-
ICES.
(a) EXTENSION.—Section 351(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 266) is amended by striking out ‘‘fiscal year 1996’’ and insert-
ing in lieu thereof ‘‘fiscal years 1996 and 1997’’.
(b) 
REPORTING
REQUIREMENTS.—Such 
section 
is 
further
amended by adding at the end the following new subsection:
‘‘(c) REPORTING REQUIREMENTS.—(1) Not later than 90 days
after the end of each fiscal year in which the requirement of
subsection (a) applies, the Secretary of Defense shall submit to
Congress a report—
‘‘(A) describing the extent of the compliance of the Secretary
with the requirement during that fiscal year;
‘‘(B) specifying the total volume of printing and duplication
services procured by the Department of Defense during that
fiscal year—
‘‘(i) from sources within the Department of Defense;
‘‘(ii) from private-sector sources; and
‘‘(iii) from other sources in the Federal Govern-
ment; and
‘‘(C) specifying the total volume of printed and duplicated
material during that fiscal year covered by the exception in
subsection (b).
H. R. 3230—70
‘‘(2) The report required for fiscal year 1996 shall also include
the plans of the Secretary for further implementation of the require-
ment of subsection (a) during fiscal year 1997.’’.
SEC. 352. REPORTING 
REQUIREMENTS 
UNDER 
DEMONSTRATION
PROJECT FOR PURCHASE OF FIRE, SECURITY, POLICE,
PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
Section 816(b) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2820) is amended
by striking out ‘‘, 1996’’ and inserting in lieu thereof ‘‘of each
of the years 1997 and 1998’’.
Subtitle F—Other Matters
SEC. 361. AUTHORITY FOR USE OF APPROPRIATED FUNDS FOR
RECRUITING FUNCTIONS.
(a) AUTHORITY.—Chapter 31 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 520c. Recruiting functions: use of funds
‘‘(a) PROVISION OF MEALS AND REFRESHMENTS.—Under regula-
tions prescribed by the Secretary concerned, funds appropriated
to the Department of Defense for recruitment of military personnel
may be expended for small meals and refreshments during recruit-
ing functions for the following persons:
‘‘(1) Persons who have enlisted under the Delayed Entry
Program authorized by section 513 of this title.
‘‘(2) Persons who are objects of armed forces recruiting
efforts.
‘‘(3) Persons whose assistance in recruiting efforts of the
military departments is determined to be influential by the
Secretary concerned.
‘‘(4) Members of the armed forces and Federal employees
when attending recruiting events in accordance with a require-
ment to do so.
‘‘(5) Other persons whose presence at recruiting efforts
will contribute to recruiting efforts.
‘‘(b) ANNUAL REPORT.—Not later than February 1 of each of
the years 1998 through 2002, the Secretary of Defense shall submit
to Congress a report on the extent to which the authority under
subsection (a) was exercised during the fiscal year ending in the
preceding year.
‘‘(c) TERMINATION OF AUTHORITY.—The authority in subsection
(a) may not be exercised after September 30, 2001.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘520c. Recruiting functions: use of funds.’’.
SEC. 362. TRAINING OF MEMBERS OF THE UNIFORMED SERVICES AT
NON-GOVERNMENT FACILITIES.
(a) AUTHORITY TO ENTER INTO AGREEMENTS FOR TRAINING AT
NON-GOVERNMENT FACILITIES.—(1) Chapter 101 of title 10, United
States Code, is amended by adding at the end the following new
section:
H. R. 3230—71
‘‘§ 2013. Training at non-Government facilities
‘‘(a) AUTHORITY TO ENTER INTO AGREEMENTS.—(1) The Sec-
retary concerned, without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5), may make agreements or other arrangements
for the training of members of the uniformed services under the
jurisdiction of that Secretary by, in, or through non-Government
facilities.
‘‘(2) In this section, the term ‘non-Government facility’ means
any of the following:
‘‘(A) The government of a State or of a territory or posses-
sion of the United States, including the Commonwealth of
Puerto Rico, an interstate governmental organization, and a
unit, subdivision, or instrumentality of any of the foregoing.
‘‘(B) A foreign government or international organization,
or instrumentality of either, which is designated by the Presi-
dent as eligible to provide training under this section.
‘‘(C) A medical, scientific, technical, educational, research,
or professional institution, foundation, or organization.
‘‘(D) A business, commercial, or industrial firm, corporation,
partnership, proprietorship, or other organization.
‘‘(E) Individuals other than civilian or military personnel
of the Government.
‘‘(F) The services and property of any of the foregoing
providing the training.
‘‘(b) EXPENSES.—The Secretary concerned, from appropriations
or other funds available to the Secretary, may—
‘‘(1) pay all or a part of the pay of a member of a uniformed
service who is selected and assigned for training under this
section, for the period of training; and
‘‘(2) pay, or reimburse the member of a uniformed service
for, all or a part of the necessary expenses of the training
(without regard to subsections (a) and (b) of section 3324 of
title 31), including among those expenses the necessary costs
of the following:
‘‘(A) Travel and per diem instead of subsistence under
sections 404 and 405 of title 37 and the Joint Travel
Regulations for the Uniformed Services.
‘‘(B) Transportation of immediate family, household
goods and personal effects, packing, crating, temporarily
storing, draying, and unpacking under sections 406 and
409 of title 37 and the Joint Travel Regulations for the
Uniformed Services when the estimated costs of transpor-
tation and related services are less than the estimated
aggregate per diem payments for the period of training.
‘‘(C) Tuition and matriculation fees.
‘‘(D) Library and laboratory services.
‘‘(E) Purchase or rental of books, materials, and
supplies.
‘‘(F) Other services or facilities directly related to the
training of the member.
‘‘(c) CERTAIN EXPENSES EXCLUDED.—The expenses of training
do not include membership fees except to the extent that the fee
is a necessary cost directly related to the training itself or that
payment of the fee is a condition precedent to undergoing the
training.’’.
H. R. 3230—72
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2013. Training at non-Government facilities.’’.
(b) EFFECTIVE DATE.—Section 2013 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 1996.
SEC. 363. REQUIREMENT FOR PREPARATION OF PLAN FOR IMPROVED
OPERATION OF WORKING-CAPITAL FUNDS AND EFFECT OF
FAILURE TO PRODUCE AN APPROVED PLAN.
(a) PLAN
FOR
IMPROVED
OPERATION
OF
WORKING-CAPITAL
FUNDS.—Not later than September 30, 1997, the Secretary of
Defense shall submit to Congress a plan to improve the manage-
ment and performance of the industrial, commercial, and support
type activities of the military departments or the Defense Agencies
that are currently managed through the Defense Business Oper-
ations Fund.
(b) ELEMENTS OF PLAN.—The plan required by subsection (a)
shall address the following issues:
(1) The ability of each military department or Defense
Agency to set working capital requirements and set charges
at its own industrial and supply activities.
(2) The desirability of separate business accounts for the
management of both industrial and supply activities for each
military department or Defense Agency.
(3) Liability for operation losses at industrial and supply
activities.
(4) Reimbursement to the Department of Defense by each
military department or Defense Agency of its fair share of
the costs of legitimate common business support services (such
as accounting and financial services and central logistics serv-
ices) provided by the Department of Defense.
(5) The role of the Department of Defense in setting charges
or imposing surcharges for activities managed by the business
accounts of a military department or Defense Agency (except
for the common business support cost described in paragraph
(4)), and what such charges should properly reflect.
(6) The appropriate use of operating profits arising from
the operations of the industrial and supply activities of a mili-
tary department or Defense Agency.
(7) The ability of a military department or Defense Agency
to purchase industrial and supply services from, and provide
such services to, other military departments or Defense Agen-
cies.
(8) Standardization of financial management and account-
ing practices employed by the business accounts of a military
department or Defense Agency.
(9) Reporting requirements related to actual and projected
performance of business management account activities of a
military department or Defense Agency.
(c) EFFECT OF FAILURE TO SUBMIT OR APPROVE OF PLAN.—
(1) Unless, before October 1, 1999, the Secretary of Defense submits
the plan required by subsection (a) and Congress enacts a provision
of law described in paragraph (2) that approves of the plan as
submitted or in an amended form, then section 2216a of title
10, United States Code, regarding the Defense Business Operations
H. R. 3230—73
Fund (as redesignated by section 1074(a)(10) of this Act), shall
be repealed effective as of that date.
(2) The provision of law referred to in paragraph (1) is a
provision of law that—
(A) is enacted after the submission of the plan required
by subsection (a);
(B) specifically refers to the plan and this section; and
(C) specifically states that the plan required by subsection
(a) is approved as submitted or with such amendments as
may be contained in such law.
(d) BASIS FOR CHARGES FOR GOODS AND SERVICES; COMPTROL-
LER GENERAL REVIEW.—(1) In the development of the proposed
budget for the Defense Business Operations Fund for a fiscal year,
the Secretary of Defense shall ensure that accurate and realistic
pricing and quantity estimates are used regarding the goods and
services to be provided by working-capital funds and industrial,
commercial, and support type activities managed through the Fund.
(2) The Secretary of Defense shall make available to the
Comptroller General information used to establish the charges for
goods and services to be provided by working-capital funds and
industrial, commercial, and support type activities managed
through the Fund. The Comptroller General shall conduct an annual
review of the adequacy of the basis for the charges. Not later
than 30 days after the date on which the Secretary submits the
annual report and proposed budget for the Fund under subsection
(h) of section 2216a of title 10, United States Code, as redesignated
by section 1074(a)(10) of this Act, the Comptroller General shall
submit to Congress a report containing the results of the review.
SEC. 364. INCREASE IN CAPITAL ASSET THRESHOLD UNDER DEFENSE
BUSINESS OPERATIONS FUND.
Section 2216a of title 10, United States Code, as redesignated
by section 1074(a)(10) of this Act, is amended in subsection (i)(1)
by striking out ‘‘$50,000’’ and inserting in lieu thereof ‘‘$100,000’’.
SEC. 365. EXPANSION OF AUTHORITY TO DONATE UNUSABLE FOOD.
(a) AUTHORITY FOR DONATIONS FROM DEFENSE AGENCIES.—
Section 2485 of title 10, United States Code, is amended by striking
out ‘‘Secretary of a military department’’ in subsections (a) and
(b) and inserting in lieu thereof ‘‘Secretary of Defense’’.
(b) EXPANSION OF ELIGIBLE RECIPIENTS.—Such section is fur-
ther amended—
(1) in subsection (a), by striking out ‘‘authorized charitable
nonprofit food banks’’ and inserting in lieu thereof ‘‘entities
specified under subsection (d)’’; and
(2) in subsection (d), by striking out ‘‘may only be made’’
and all that follows and inserting in lieu thereof the following:
‘‘may only be made to an entity that is one of the following:
‘‘(1) A charitable nonprofit food bank that is designated
by the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
‘‘(2) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
‘‘(3) A chapter or other local unit of a recognized national
veterans organization that provides services to persons without
adequate shelter and is designated by the Secretary of Veterans
Affairs as authorized to receive such donations.
H. R. 3230—74
‘‘(4) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of Veter-
ans Affairs as authorized to receive such donations.’’.
(c) CLARIFICATION
OF FOOD THAT MAY BE DONATED.—Sub-
section (b) of such section is further amended by inserting ‘‘rations
known as humanitarian daily rations (HDRs),’’ after ‘‘(MREs),’’.
SEC. 366. ASSISTANCE TO COMMITTEES INVOLVED IN INAUGURATION
OF THE PRESIDENT.
(a) IN GENERAL.—Section 2543 of title 10, United States Code,
is amended to read as follows:
‘‘§ 2543. Equipment and services: Presidential inaugural
ceremonies
‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary of Defense may,
with 
respect 
to 
the 
ceremonies 
relating 
to 
the 
inaugu-
ration of a President, provide the assistance referred to in subsection
(b) to—
‘‘(1) the Presidential Inaugural Committee; and
‘‘(2) the congressional Joint Inaugural Committee.
‘‘(b) ASSISTANCE.—Assistance that may be provided under sub-
section (a) is the following:
‘‘(1) Planning and carrying out activities relating to security
and safety.
‘‘(2) Planning and carrying out ceremonial activities.
‘‘(3) Loan of property.
‘‘(4) Any other assistance that the Secretary considers
appropriate.
‘‘(c) REIMBURSEMENT.—(1) The Presidential Inaugural Commit-
tee shall reimburse the Secretary for any costs incurred in connec-
tion with the provision to the committee of assistance referred
to in subsection (b)(4).
‘‘(2) Costs reimbursed under paragraph (1) shall be credited
to the appropriations from which the costs were paid. The amount
credited to an appropriation shall be proportionate to the amount
of the costs charged to that appropriation.
‘‘(d) LOANED PROPERTY.—With respect to property loaned for
a presidential inauguration under subsection (b)(3), the Presidential
Inaugural Committee shall—
‘‘(1) return that property within nine days after the date
of the ceremony inaugurating the President;
‘‘(2) give good and sufficient bond for the return in good
order and condition of that property;
‘‘(3) indemnify the United States for any loss of, or damage
to, that property; and
‘‘(4) defray any expense incurred for the delivery, return,
rehabilitation, replacement, or operation of that property.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘Presidential Inaugural Committee’ means
the committee referred to in subsection (b)(2) of the first section
of the Presidential Inaugural Ceremonies Act (36 U.S.C. 721)
that is appointed with respect to the inauguration of a Presi-
dent-elect and Vice President-elect.
‘‘(2) The term ‘congressional Joint Inaugural Committee’
means the joint committee of the Senate and House of Rep-
resentatives referred to in the proviso in section 9 of the Presi-
dential Inaugural Ceremonies Act (36 U.S.C. 729) that is
H. R. 3230—75
appointed with respect to the inauguration of a President-
elect and Vice President-elect.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 2543
in the table of sections at the beginning of chapter 152 of such
title is amended to read as follows:
‘‘2543. Equipment and services: Presidential inaugural ceremonies.’’.
SEC. 367. DEPARTMENT 
OF 
DEFENSE 
SUPPORT 
FOR 
SPORTING
EVENTS.
(a) AUTHORITY TO PROVIDE SUPPORT.—Subchapter II of chapter
152 of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 2554. Provision of support for certain sporting events
‘‘(a) SECURITY AND SAFETY ASSISTANCE.—At the request of a
Federal, State, or local government agency responsible for providing
law enforcement services, security services, or safety services, the
Secretary of Defense may authorize the commander of a military
installation or other facility of the Department of Defense or the
commander of a specified or unified combatant command to provide
assistance for the World Cup Soccer Games, the Goodwill Games,
the Olympics, and any other civilian sporting event in support
of essential security and safety at such event, but only if the
Attorney General certifies that such assistance is necessary to meet
essential security and safety needs.
‘‘(b) OTHER ASSISTANCE.—The Secretary of Defense may author-
ize a commander referred to in subsection (a) to provide assistance
for a sporting event referred to in that subsection in support of
other needs relating to such event, but only—
‘‘(1) to the extent that such needs cannot reasonably be
met by a source other than the Department;
‘‘(2) to the extent that the provision of such assistance
does not adversely affect the military preparedness of the armed
forces; and
‘‘(3) if the organization requesting such assistance agrees
to reimburse the Department for amounts expended by the
Department in providing the assistance in accordance with
the provisions of section 377 of this title and other applicable
provisions of law.
‘‘(c) INAPPLICABILITY TO CERTAIN EVENTS.—Subsections (a) and
(b) do not apply to the following sporting events:
‘‘(1) Sporting events for which funds have been appro-
priated before the date of the enactment of this Act.
‘‘(2) The Special Olympics.
‘‘(3) The Paralympics.
‘‘(d) TERMS AND CONDITIONS.—The Secretary of Defense may
require such terms and conditions in connection with the provision
of assistance under this section as the Secretary considers necessary
and appropriate to protect the interests of the United States.
‘‘(e) REPORT ON ASSISTANCE.—Not later than January 30 of
each year following a year in which the Secretary of Defense pro-
vides assistance under this section, the Secretary shall submit
to Congress a report on the assistance provided. The report shall
set forth—
‘‘(1) a description of the assistance provided;
‘‘(2) the amount expended by the Department in providing
the assistance;
H. R. 3230—76
‘‘(3) if the assistance was provided under subsection (a),
the certification of the Attorney General with respect to the
assistance under that subsection; and
‘‘(4) if the assistance was provided under subsection (b)—
‘‘(A) an explanation why the assistance could not
reasonably be met by a source other than the Department;
and
‘‘(B) the amount the Department was reimbursed under
that subsection.
‘‘(f) RELATIONSHIP TO OTHER LAWS.—Assistance provided under
this section shall be subject to the provisions of sections 375 and
376 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘2554. Provision of support for certain sporting events.’’.
SEC. 368. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANSPORTATION.
(a) STORAGE AUTHORIZED.—(1) Section 2634 of title 10, United
States Code, is amended—
(A) by redesignating subsection (b) as subsection (g);
(B) by transferring subsection (g), as so redesignated, to
the end of such section; and
(C) by inserting after subsection (a) the following new
subsection:
‘‘(b)(1) In lieu of transportation authorized by this section,
if a member is ordered to make a change of permanent station
to a foreign country and the laws, regulations, or other restrictions
imposed by the foreign country or the United States preclude entry
of a motor vehicle described in subsection (a) into that country,
or would require extensive modification of the vehicle as a condition
to entry, the member may elect to have the vehicle stored at
the expense of the United States at a location approved by the
Secretary concerned.
‘‘(2) If a member is transferred or assigned in connection with
a contingency operation to duty at a location other than the perma-
nent station of the member for a period of more than 30 consecutive
days, but the transfer or assignment is not considered a change
of permanent station, the member may elect to have a motor vehicle
described in subsection (a) stored at the expense of the United
States at a location approved by the Secretary concerned.
‘‘(3) Authorized expenses under this subsection include costs
associated with the delivery of the motor vehicle for storage and
removal of the vehicle for delivery to a destination approved by
the Secretary concerned.’’.
(2)(A) The heading of such section is amended to read as
follows:
H. R. 3230—77
‘‘§ 2634. Motor vehicles: transportation or storage for mem-
bers on change of permanent station or extended
deployment’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 157 of title 10, United States Code,
is amended to read as follows:
‘‘2634. Motor vehicles: transportation or storage for members on change of perma-
nent station or extended deployment.’’.
(b) CONFORMING AMENDMENT.—Subparagraph (B) of section
406(h)(1) of title 37, United States Code, is amended to read as
follows:
‘‘(B) in the case of a member described in paragraph (2)(A),
authorize the transportation of one motor vehicle, which is
owned or leased by the member (or a dependent of the member)
and is for the personal use of a dependent of the member,
to that location by means of transportation authorized under
section 2634 of title 10 or authorize the storage of the motor
vehicle pursuant to subsection (b) of such section.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on April 1, 1997.
SEC. 369. SECURITY PROTECTIONS AT DEPARTMENT OF DEFENSE
FACILITIES IN NATIONAL CAPITAL REGION.
(a) EXPANSION OF AUTHORITY.—Subsection (b) of section 2674
of title 10, United States Code, is amended by striking out ‘‘at
the Pentagon Reservation’’ and inserting in lieu thereof ‘‘in the
National Capital Region’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 2674. Operation and control of Pentagon Reservation and
defense facilities in National Capital Region’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 159 of such title is amended to read
as follows:
‘‘2674. Operation and control of Pentagon Reservation and defense facilities in Na-
tional Capital Region.’’.
SEC. 370. ADMINISTRATION OF MIDSHIPMEN’S STORE AND OTHER
NAVAL ACADEMY SUPPORT ACTIVITIES AS NONAPPRO-
PRIATED FUND INSTRUMENTALITY.
(a) IN GENERAL.—Section 6971 of title 10, United States Code,
is amended to read as follows:
‘‘§ 6971. Midshipmen’s store, trade shops, dairy, and laun-
dry: nonappropriated fund instrumentality and
accounts
‘‘(a) OPERATION
AS NONAPPROPRIATED FUND INSTRUMENTAL-
ITY.—The Superintendent of the Naval Academy shall operate the
Naval Academy activities referred to in subsection (b) as a non-
appropriated fund instrumentality under the jurisdiction of the
Navy.
‘‘(b) 
COVERED
ACTIVITIES.—The 
nonappropriated 
fund
instrumentality required under subsection (a) shall consist of the
following Naval Academy activities:
‘‘(1) The midshipmen’s store.
‘‘(2) The barber shop.
H. R. 3230—78
‘‘(3) The cobbler shop.
‘‘(4) The tailor shop.
‘‘(5) The dairy.
‘‘(6) The laundry.
‘‘(c) NONAPPROPRIATED FUND ACCOUNTS.—The Superintendent
of the Naval Academy shall administer a separate nonappropriated
fund account for each of the Naval Academy activities included
in the nonappropriated fund instrumentality required under sub-
section (a).
‘‘(d) CREDITING OF REVENUE.—The Superintendent shall credit
all revenue received from a Naval Academy activity referred to
in subsection (b) to the account administered with respect to that
activity under subsection (c), and amounts so credited shall be
available for operating expenses of that activity.
‘‘(e) REGULATIONS.—This section shall be carried out under
regulations prescribed by the Secretary of the Navy.’’.
(b) CIVIL SERVICE EMPLOYMENT STATUS OF EMPLOYEES OF COV-
ERED ACTIVITIES.—Section 2105(b) of title 5, United States Code,
is amended—
(1) by inserting ‘‘who is’’ after ‘‘An individual’’; and
(2) by inserting ‘‘and whose employment in such a position
began before October 1, 1996, and has been uninterrupted
in such a position since that date’’ after ‘‘Academy dairy,’’.
(c) CONFORMING REPEAL.—Section 6970 of title 10, United
States Code, is repealed.
(d) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 603 of title 10, United States Code, is amended
by striking out the items relating to sections 6970 and 6971 and
inserting in lieu thereof the following new item:
‘‘6971. Midshipmen’s store, trade shops, dairy, and laundry: nonappropriated fund
instrumentality and accounts.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1996.
SEC. 371. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION
OF 
CIVILIAN 
STUDENTS 
AT 
FOREIGN 
LANGUAGE
INSTITUTE OF THE DEFENSE LANGUAGE INSTITUTE.
(a) AUTHORITY TO ACCEPT REIMBURSEMENT IN KIND.—Section
559(a)(1) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2776; 10 U.S.C. 4411 note)
is amended—
(1) by redesignating subsections (c), (d), and (e) as sub-
sections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(c) REIMBURSEMENT OPTIONS FOR CERTAIN INSTRUCTION.—In
the case of instruction provided to students described in subsection
(a)(1), the Secretary may provide the instruction on a cost-reimburs-
able basis, a reimbursement-in-kind basis, or a combination of
both options. Regardless of the reimbursement option, the value
of the reimbursement received under this subsection may not be
less than the amount charged for providing language instruction
to Federal employees who are not Department of Defense employees.
The Secretary may not delegate the authority to accept an offer
for in-kind reimbursement below the level of the Assistant Secretary
of the Army.’’.
H. R. 3230—79
(b) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (a)(1), by striking out ‘‘cost-reimburs-
able,’’; and
(2) in subsection (d), as redesignated by subsection (a)(1)
of this section, by striking out ‘‘subsection (a)’’ the first place
it appears and inserting in lieu thereof ‘‘subsection (a) or (c)’’.
SEC. 372. 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 FOR
FISCAL YEAR 1997.—Of the amounts authorized to be appropriated
in section 301(5)—
(1) $30,000,000 shall be available for providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies; and
(2) $5,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) NOTIFICATION.—Not later than June 30, 1997, the Secretary
of Defense shall—
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1997 of that
agency’s eligibility for such assistance and the amount of such
assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1997 of
that agency’s eligibility for such payment and the amount of
the payment for which that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under paragraphs (1) and (2) of
subsection (a) not later than 30 days after the date on which
notification to the eligible local educational agencies is provided
pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’ means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 20 U.S.C. 7703 note).
(2) The term ‘‘educational agencies payments’’ means pay-
ments authorized under section 386(d) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484;
20 U.S.C. 7703 note).
(3) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 373. RENOVATION OF BUILDING FOR DEFENSE FINANCE AND
ACCOUNTING 
SERVICE 
CENTER, 
FORT 
BENJAMIN
HARRISON, INDIANA.
(a) TRANSFER AUTHORITY.—To pay the costs of planning, design,
and renovation of Building One, Fort Benjamin Harrison, Indiana,
for use as a Defense Finance and Accounting Service Center, the
Secretary of Defense may transfer to the Administrator of General
Services in the manner provided in subsection (b) funds available
H. R. 3230—80
to the Department of Defense for the Defense Finance and Account-
ing Service for a fiscal year for operation and maintenance.
(b) AUTHORITY SUBJECT TO AUTHORIZATIONS AND APPROPRIA-
TIONS.—To the extent provided in appropriations Acts—
(1) of funds described in subsection (a) and appropriated
for fiscal year 1997, $9,000,000 may be transferred under such
subsection; and
(2) of funds described in subsection (a) and appropriated
for fiscal years 1998, 1999, 2000, and 2001, funds may be
transferred under such subsection in such amounts as are
authorized to be transferred in an Act enacted after the date
of the enactment of this Act.
(c) AUTHORITY SUBJECT TO AGREEMENT BETWEEN DEPARTMENT
OF DEFENSE AND GENERAL SERVICES ADMINISTRATION.—The trans-
fer authority provided in subsection (a) shall not take effect until
the date on which the Secretary of Defense and the Administrator
of General Services enter into an agreement that provides for the
Department of Defense to receive a full reimbursement for the
funds transferred under such subsection. Such reimbursement may
include reimbursement in the form of reduced or static rental
rates for Building One.
SEC. 374. FOOD DONATION PILOT PROGRAM AT SERVICE ACADEMIES.
(a) PROGRAM AUTHORIZED.—The Secretaries of the military
departments and the Secretary of Transportation may each carry
out a food donation pilot program at the service academy under
the jurisdiction of such Secretary.
(b) DONATIONS AND COLLECTIONS OF FOOD AND GROCERY PROD-
UCTS.—Under the pilot program, the Secretary concerned may
donate to, and permit others to collect for, a nonprofit organization
any food or grocery product that—
(1) is—
(A) an apparently wholesome food;
(B) an apparently fit grocery product; or
(C) a food or grocery product that is donated in accord-
ance with section 402(e) of the National and Community
Service Act of 1990 (42 U.S.C. 12672(e));
(2) is owned by the United States;
(3) is located at a service academy under the jurisdiction
of such Secretary; and
(4) is excess to the requirements of the academy.
(c) PROGRAM COMMENCEMENT.—The Secretary concerned shall
commence carrying out the pilot program, if at all, during fiscal
year 1997.
(d) APPLICABILITY OF GOOD SAMARITAN FOOD DONATION ACT.—
Section 402 of the National and Community Service Act of 1990
(42 U.S.C. 12672) shall apply to donations and collections of food
and grocery products under the pilot program without regard to
section 403 of such Act (42 U.S.C. 12673).
(e) REPORTS.—(1) Each Secretary that carries out a pilot pro-
gram at a service academy under this section shall submit to
Congress an interim report and a final report on the pilot program.
(2) The Secretary concerned shall submit the interim report
not later than one year after the date on which the Secretary
commences the pilot program at a service academy.
H. R. 3230—81
(3) The Secretary concerned shall submit the final report not
later than 90 days after the Secretary completes the pilot program
at a service academy.
(4) Each report shall include the following:
(A) A description of the conduct of the pilot program.
(B) A discussion of the experience under the pilot program.
(C) An evaluation of the extent to which section 402 of
the National and Community Service Act of 1990 (42 U.S.C.
12672) has been effective in protecting the United States and
others from liabilities associated with actions taken under the
pilot program.
(D) Any recommendations for legislation to facilitate dona-
tions or collections of excess food and grocery products of the
United States or others for nonprofit organizations.
(f) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘service academy’’ means each of the following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(D) The United States Coast Guard Academy.
(2) The term ‘‘Secretary concerned’’ means the following:
(A) The Secretary of the Army, with respect to the
United States Military Academy.
(B) The Secretary of the Navy, with respect to the
United States Naval Academy.
(C) The Secretary of the Air Force, with respect to
the United States Air Force Academy.
(D) The Secretary of Transportation, with respect to
the United States Coast Guard Academy.
(3) The terms ‘‘apparently fit grocery product’’, ‘‘apparently
wholesome food’’, ‘‘donate’’, ‘‘food’’, and ‘‘grocery product’’ have
the meanings given those terms in section 402(b) of the National
and Community Service Act of 1990 (42 U.S.C. 12672(b)).
SEC. 375. AUTHORITY OF AIR NATIONAL GUARD TO PROVIDE CERTAIN
SERVICES AT LINCOLN MUNICIPAL AIRPORT, LINCOLN,
NEBRASKA.
(a) AUTHORITY.—The Nebraska Air National Guard may provide
fire protection services and rescue services relating to aircraft at
Lincoln Municipal Airport, Lincoln, Nebraska, on behalf of the
Lincoln Municipal Airport Authority, Lincoln, Nebraska.
(b) AGREEMENT.—The Nebraska Air National Guard may not
provide services under subsection (a) until the Nebraska Air
National Guard and the authority enter into an agreement under
which the authority agrees—
(1) to reimburse the Nebraska Air National Guard for
the cost of the services provided; and
(2) to hold harmless and indemnify the United States,
except in cases of willful misconduct or gross negligence, from
any claim for damages or injury to any person or property
arising out of the provision of, or the failure to provide, such
services.
(c) EFFECT ON MILITARY PREPAREDNESS.—Services may only
be provided under subsection (a) to the extent that the provision
of such services does not adversely affect the military preparedness
of the Armed Forces.
H. R. 3230—82
SEC. 376. TECHNICAL 
AMENDMENT 
REGARDING 
IMPACT 
AID
PROGRAM.
Paragraph (3) of section 8003(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is amended
by striking out ‘‘2,000 and such number equals or exceeds 15’’
and inserting in lieu thereof ‘‘1,000 or such number equals or
exceeds 10’’.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional contin-
gencies.
Sec. 403. Authorized strengths for commissioned officers on active duty in grades
of major, lieutenant colonel, and colonel and navy grades of lieutenant
commander, commander, and captain.
Sec. 404. Extension of requirement for recommendations regarding appointments to
joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active duty in the
Marine Corps.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to serve in
Selective Service System.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
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, 1997, as follows:
(1) The Army, 495,000.
(2) The Navy, 407,318.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,100.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO
MAJOR REGIONAL CONTINGENCIES.
(a) REQUIREMENT TO BUDGET FOR AND MAINTAIN STATUTORY
END STRENGTH LEVELS.—Section 691 of title 10, United States
Code, is amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
‘‘(c) The budget for the Department of Defense for any fiscal
year as submitted to Congress shall include amounts for funding
for each of the armed forces (other than the Coast Guard) at
least in the amounts necessary to maintain the active duty end
strengths prescribed in subsection (b), as in effect at the time
that such budget is submitted.
H. R. 3230—83
‘‘(d) No funds appropriated to the Department of Defense may
be used to implement a reduction of the active duty end strength
for any of the armed forces (other than the Coast Guard) for
any fiscal year below the level specified in subsection (b) unless
the reduction in end strength for that armed force for that fiscal
year is specifically authorized by law.’’.
(b) TEMPORARY FLEXIBILITY RELATING
TO PERMANENT END
STRENGTH LEVELS.—Subsection (e) of such section, as redesignated
by subsection (a)(1), is amended by striking out ‘‘not more than
0.5 percent’’ and inserting in lieu thereof ‘‘not more than 1 percent’’.
SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED OFFICERS
ON ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL AND NAVY GRADES OF LIEUTEN-
ANT COMMANDER, COMMANDER, AND CAPTAIN.
(a) REVISION IN ARMY, AIR FORCE, AND MARINE CORPS LIMITA-
TIONS.—The table in paragraph (1) of section 523(a) of title 10,
United States Code, is amended to read as follows:
‘‘Total number of commissioned
officers (excluding officers in
categories specified in sub-
section (b)) on active duty:
Number of officers who may be serving on active duty in the
grade of:
Major
Lieutenant
Colonel
Colonel
Army:
20,000 ..........................
6,848
5,253
1,613
25,000 ..........................
7,539
5,642
1,796
30,000 ..........................
8,231
6,030
1,980
35,000 ..........................
8,922
6,419
2,163
40,000 ..........................
9,614
6,807
2,347
45,000 ..........................
10,305
7,196
2,530
50,000 ..........................
10,997
7,584
2,713
55,000 ..........................
11,688
7,973
2,897
60,000 ..........................
12,380
8,361
3,080
65,000 ..........................
13,071
8,750
3,264
70,000 ..........................
13,763
9,138
3,447
75,000 ..........................
14,454
9,527
3,631
80,000 ..........................
15,146
9,915
3,814
85,000 ..........................
15,837
10,304
3,997
90,000 ..........................
16,529
10,692
4,181
95,000 ..........................
17,220
11,081
4,364
100,000 ........................
17,912
11,469
4,548
110,000 ........................
19,295
12,246
4,915
120,000 ........................
20,678
13,023
5,281
130,000 ........................
22,061
13,800
5,648
170,000 ........................
27,593
16,908
7,116
Air Force:
35,000 ..........................
9,216
7,090
2,125
40,000 ..........................
10,025
7,478
2,306
45,000 ..........................
10,835
7,866
2,487
50,000 ..........................
11,645
8,253
2,668
55,000 ..........................
12,454
8,641
2,849
60,000 ..........................
13,264
9,029
3,030
65,000 ..........................
14,073
9,417
3,211
H. R. 3230—84
‘‘Total number of commissioned
officers (excluding officers in
categories specified in sub-
section (b)) on active duty:
Number of officers who may be serving on active duty in the
grade of:
Major
Lieutenant
Colonel
Colonel
70,000 ..........................
14,883
9,805
3,392
75,000 ..........................
15,693
10,193
3,573
80,000 ..........................
16,502
10,582
3,754
85,000 ..........................
17,312
10,971
3,935
90,000 ..........................
18,121
11,360
4,115
95,000 ..........................
18,931
11,749
4,296
100,000 ........................
19,741
12,138
4,477
105,000 ........................
20,550
12,527
4,658
110,000 ........................
21,360
12,915
4,838
115,000 ........................
22,169
13,304
5,019
120,000 ........................
22,979
13,692
5,200
125,000 ........................
23,789
14,081
5,381
Marine Corps:
10,000 ..........................
2,525
1,480
571
12,500 ..........................
2,900
1,600
592
15,000 ..........................
3,275
1,720
613
17,500 ..........................
3,650
1,840
633
20,000 ..........................
4,025
1,960
654
22,500 ..........................
4,400
2,080
675
25,000 ..........................
4,775
2,200
695.’’
(b) REVISION IN NAVY LIMITATIONS.—The table in paragraph
(2) of such section is amended to read as follows:
‘‘Total number of commissioned
officers (excluding officers in
categories specified in sub-
section (b)) on active duty:
Number of officers who may be serving on active duty in
grade of:
Lieutenant com-
mander
Commander
Captain
Navy:
30,000 ..........................
7,331
5,018
2,116
33,000 ..........................
7,799
5,239
2,223
36,000 ..........................
8,267
5,460
2,330
39,000 ..........................
8,735
5,681
2,437
42,000 ..........................
9,203
5,902
2,544
45,000 ..........................
9,671
6,123
2,651
48,000 ..........................
10,139
6,343
2,758
51,000 ..........................
10,606
6,561
2,864
54,000 ..........................
11,074
6,782
2,971
57,000 ..........................
11,541
7,002
3,078
60,000 ..........................
12,009
7,222
3,185
63,000 ..........................
12,476
7,441
3,292
66,000 ..........................
12,944
7,661
3,398
70,000 ..........................
13,567
7,954
3,541
90,000 ..........................
16,683
9,419
4,254.’’
(c) REPEAL OF TEMPORARY AUTHORITY FOR VARIATIONS IN END
STRENGTHS.—The following provisions of law are repealed:
H. R. 3230—85
(1) Section 402 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1639;
10 U.S.C. 523 note).
(2) Section 402 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2743;
10 U.S.C. 523 note).
(3) Section 402 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 286; 10
U.S.C. 523 note).
(d) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), and (c) shall take effect on September 1, 1997.
SEC. 404. EXTENSION OF REQUIREMENT FOR RECOMMENDATIONS
REGARDING APPOINTMENTS TO JOINT 4-STAR OFFICER
POSITIONS.
(a) SERVICE SECRETARY RECOMMENDATION REQUIRED.—Section
604(c) of title 10, United States Code, is amended by striking
out ‘‘September 30, 1997’’ and inserting in lieu thereof ‘‘September
30, 2000’’.
(b) GRADE RELIEF WHEN RECOMMENDATION MADE.—Section
525(b)(5)(C) of such title is amended by striking out ‘‘September
30, 1997’’ and inserting in lieu thereof ‘‘September 30, 2000’’.
SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS
ON ACTIVE DUTY IN THE MARINE CORPS.
Section 526(a)(4) of title 10, United States Code, is amended
by striking out ‘‘68’’ and inserting in lieu thereof ‘‘80’’.
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, 1997, as follows:
(1) The Army National Guard of the United States, 366,758.
(2) The Army Reserve, 215,179.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 109,178.
(6) The Air Force Reserve, 73,311.
(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 component for a fiscal
year shall be proportionately reduced by—
(1) the total authorized strength of units organized 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
(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 participation in training) without their
consent at the end of the fiscal year.
H. R. 3230—86
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately 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 SUP-
PORT 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, 1997, the following number 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,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,798.
(2) The Army Reserve, 11,729.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,403.
(6) The Air Force Reserve, 655.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.
(a) AUTHORIZATION
FOR FISCAL YEAR 1997.—The minimum
number of military technicians as of the last day of fiscal year
1997 for the reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code) shall
be the following:
(1) For the Army Reserve, 6,799.
(2) For the Army National Guard of the United States,
25,500.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States, 23,299.
(b) INFORMATION TO BE PROVIDED WITH FUTURE AUTHORIZA-
TION REQUESTS.—Section 10216 of title 10, United States Code,
is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) INFORMATION REQUIRED TO BE SUBMITTED WITH ANNUAL
END STRENGTH AUTHORIZATION REQUEST.—(1) The Secretary of
Defense shall include as part of the budget justification documents
submitted to Congress with the budget of the Department of Defense
for any fiscal year the following information with respect to the
end strengths for military technicians requested in that budget
pursuant to section 115(g) of this title, shown separately for each
of the Army and Air Force reserve components:
‘‘(A) The number of dual-status technicians in the high
priority units and organizations specified in subsection (a)(1).
‘‘(B) The number of technicians other than dual-status
technicians in the high priority units and organizations speci-
fied in subsection (a)(1).
‘‘(C) The number of dual-status technicians in other than
high priority units and organizations specified in subsection
(a)(1).
‘‘(D) The number of technicians other than dual-status
technicians in other than high priority units and organizations
specified in subsection (a)(1).
H. R. 3230—87
‘‘(2)(A) If the budget submitted to Congress for any fiscal year
requests authorization for that fiscal year under section 115(g)
of this title of a military technician end strength for a reserve
component of the Army or Air Force in a number that constitutes
a reduction from the end strength minimum established by law
for that reserve component for the fiscal year during which the
budget is submitted, the Secretary of Defense shall submit to the
congressional defense committees with that budget a justification
providing the basis for that requested reduction in technician end
strength.
‘‘(B) Any justification submitted under subparagraph (A) shall
clearly delineate—
‘‘(i) in the case of a reduction that includes a reduction
in technicians described in subparagraph (A) or (C) of para-
graph (1), the specific force structure reductions forming the
basis for such requested technician reduction (and the numbers
related to those force structure reductions); and
‘‘(ii) in the case of a reduction that includes reductions
in technicians described in subparagraphs (B) or (D) of para-
graph (1), the specific force structure reductions, Department
of Defense civilian personnel reductions, or other reasons form-
ing the basis for such requested technician reduction (and the
numbers related to those reductions).’’.
(c) 
TECHNICAL
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) in subsection (a), by striking out ‘‘section 115’’ and
inserting in lieu thereof ‘‘section 115(g)’’; and
(2) in subsection (c), as redesignated by subsection (b)(1),
by striking out ‘‘after the date of the enactment of this section’’
both places it appears and inserting in lieu thereof ‘‘after Feb-
ruary 10, 1996,’’.
SEC. 414. ASSURANCE OF CONTINUED ASSIGNMENT OF MILITARY
PERSONNEL TO SERVE IN SELECTIVE SERVICE SYSTEM.
(a) NUMBER OF MILITARY PERSONNEL TO BE ASSIGNED.—Section
10 of the Military Selective Service Act (50 U.S.C. App. 460) is
amended—
(1) in subsection (b)(2), by inserting ‘‘, subject to subsection
(e),’’ after ‘‘to employ such number of civilians, and’’; and
(2) by inserting after subsection (d) the following new sub-
section:
‘‘(e) The total number of armed forces personnel assigned to
the Selective Service System under subsection (b)(2) at any time
may not be less than the number of such personnel determined
by the Director of Selective Service to be necessary, but not to
exceed 745 persons, except that the President may assign additional
armed forces personnel to the Selective Service System during
a time of war or a national emergency declared by Congress or
the President.’’.
(b) STYLISTIC AMENDMENTS.—Subsection (b) of such section is
amended—
(1) by striking out ‘‘authorized—’’ in the matter preceding
paragraph (1) and inserting in lieu thereof ‘‘authorized to under-
take the following:’’;
(2) by striking out ‘‘to’’ at the beginning of paragraphs
(1) through (7) and inserting in lieu thereof ‘‘To’’;
H. R. 3230—88
(3) by striking out ‘‘subject’’ at the beginning of paragraphs
(8), (9), and (10) and inserting in lieu thereof ‘‘Subject’’; and
(4) by striking out the semicolon at the end of paragraphs
(1) through (9) and inserting in lieu thereof a period.
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 1997 a total
of $70,056,130,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 1997.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Grade of Chief of Naval Research.
Sec. 502. Chief and assistant chief of Army Nurse Corps and Air Force Nurse
Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with critical skills.
Sec. 504. Time for award of degrees by unaccredited educational institutions for
graduates to be considered educationally qualified for appointment as
Reserve officers in grade O–3.
Sec. 505. Exception to baccalaureate degree requirement for appointment in the
Naval Reserve in grades above O–2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in simultaneous
membership program.
Sec. 508. Continuation on active status for certain Reserve officers of the Air Force.
Sec. 509. Reports on response to recommendations concerning improvements to
Department of Defense joint manpower process.
Sec. 510. Frequency of reports to Congress on joint officer management policies.
Subtitle B—Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10 years of
service.
Sec. 512. Authority to extend period for entry on active duty under the delayed
entry program.
Subtitle C—Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of members of
National Guard called into Federal service.
Subtitle D—Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training creditable
toward reserve retirement.
Sec. 532. Retirement of reserve enlisted members who qualify for active duty
retirement after administrative reduction in enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E—Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization income insurance
program.
Sec. 543. Reserve credit for participation in Health Professions Scholarship and
Financial Assistance Program.
H. R. 3230—89
Sec. 544. Amendments to Reserve Officer Personnel Management Act provisions.
Sec. 545. Report on number of advisers in active component support of Reserves
pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights for mobilized
Reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance Program.
Subtitle F—Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers’ Training Corps
program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or termi-
nation of senior ROTC units pending report on ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include graduate
students.
Sec. 554. Demonstration project for instruction and support of Army ROTC units
by members of the Army Reserve and National Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or midshipman in
the Senior Reserve Officers’ Training Corps and the service academies.
Sec. 556. Expansion of eligibility for education benefits to include certain Reserve
Officers’ Training Corps (ROTC) participants.
Sec. 557. Comptroller General report on cost and policy implications of permitting
up to five percent of service academy graduates to be assigned directly
to Reserve duty upon graduation.
Subtitle G—Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African American
soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations to specified
persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H—Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for educational or
emergency purposes.
Sec. 573. Clarification of authority of a reserve judge advocate to act as a military
notary public when not in a duty status.
Sec. 574. Panel on jurisdiction of courts-martial for the National Guard when not
in Federal service.
Sec. 575. Authority to expand law enforcement placement program to include fire-
fighters.
Sec. 576. Improvements to program to assist separated military and civilian
personnel to obtain employment as teachers or teachers’ aides.
Sec. 577. Retirement at grade to which selected for promotion when a physical dis-
ability is found at any physical examination.
Sec. 578. Revisions to missing persons authorities.
Subtitle I—Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on crediting cadet or
midshipmen service at the service academies.
Sec. 582. Exception to strength limitations for Public Health Service officers
assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health Service officers.
Subtitle A—Officer Personnel Policy
SEC. 501. GRADE OF CHIEF OF NAVAL RESEARCH.
(a) REAR ADMIRAL (UPPER HALF).—Section 5022(a) of title 10,
United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) Unless appointed to higher grade under another provision
of law, an officer, while serving in the Office of Naval Research
as Chief of Naval Research, has the rank of rear admiral (upper
half).’’.
(b) EFFECTIVE DATE.—Paragraph (2) of section 5022(a) of title
10, United States Code, as added by subsection (a), shall take
H. R. 3230—90
effect upon the occurrence of the first vacancy in the position
of Chief of Naval Research after the date of the enactment of
this Act.
Sec. 502. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS AND
AIR FORCE NURSE CORPS.
(a) ARMY NURSE CORPS.—(1) Subsection (b) of section 3069
of title 10, United States Code, is amended—
(A) in the first sentence, by striking out ‘‘major’’ and insert-
ing in lieu thereof ‘‘lieutenant colonel’’;
(B) by inserting after the first sentence the following: ‘‘An
appointee who holds a lower regular grade shall be appointed
in the regular grade of brigadier general.’’; and
(C) in the last sentence, by inserting ‘‘to the same position’’
before the period at the end.
(2) Subsection (c) of such section is amended by striking out
‘‘major’’ in the first sentence and inserting in lieu thereof ‘‘lieutenant
colonel’’.
(3) The heading of such section is amended to read as follows:
‘‘§ 3069. Army Nurse Corps: composition; Chief and assist-
ant chief; appointment; grade
(b) AIR FORCE NURSE CORPS.—Chapter 807 of such title is
amended by inserting after section 8067 the following new section:
‘‘§ 8069. Air Force nurses: Chief and assistant chief; appoint-
ment; grade
‘‘(a) POSITIONS
OF CHIEF
AND ASSISTANT CHIEF.—There are
a Chief and assistant chief of the Air Force Nurse Corps.
‘‘(b) CHIEF.—The Secretary of the Air Force shall appoint the
Chief from the officers of the Regular Air Force designated as
Air Force nurses whose regular grade is above lieutenant colonel
and who are recommended by the Surgeon General. An appointee
who holds a lower regular grade shall be appointed in the regular
grade of brigadier general. The Chief serves during the pleasure
of the Secretary, but not for more than three years, and may
not be reappointed to the same position.
‘‘(c) ASSISTANT CHIEF.—The Surgeon General shall appoint the
assistant chief from the officers of the Regular Air Force designated
as Air Force nurses whose regular grade is above lieutenant
colonel.’’.
(c) CLERICAL AMENDMENTS.—(1) The item relating to section
3069 in the table of sections at the beginning of chapter 307 of
such title is amended to read as follows:
‘‘3069. Army Nurse Corps: composition; Chief and assistant chief; appointment;
grade.’’.
(2) The table of sections at the beginning of chapter 807 of
such title is amended by inserting after the item relating to section
8067 the following new item:
‘‘8069. Air Force Nurse Corps: Chief and assistant chief; appointment; grade.’’.
Sec. 503. 
NAVY 
SPOT 
PROMOTION 
AUTHORITY 
FOR 
CERTAIN
LIEUTENANTS WITH CRITICAL SKILLS.
(a) ADVICE-AND-CONSENT APPOINTMENTS.—Subsection (a) of
section 5721 of title 10, United States Code, is amended by striking
out ‘‘the President alone’’ and inserting in lieu thereof ‘‘the Presi-
dent, by and with the advice and consent of the Senate’’.
H. R. 3230—91
(b) REPEAL OF TERMINATION OF AUTHORITY.—Such section is
further amended by striking out subsection (g).
(c) CLERICAL AMENDMENT.—The caption for subsection (a) is
amended to read as follows: ‘‘PROMOTION AUTHORITY FOR CERTAIN
OFFICERS WITH CRITICAL SKILLS.—’’.
SEC. 504. TIME 
FOR 
AWARD 
OF 
DEGREES 
BY 
UNACCREDITED
EDUCATIONAL INSTITUTIONS FOR GRADUATES TO BE
CONSIDERED EDUCATIONALLY QUALIFIED FOR APPOINT-
MENT AS RESERVE OFFICERS IN GRADE O–3.
Section 12205(c)(2)(C) of title 10, United States Code, is
amended by striking out ‘‘three years’’ and inserting in lieu thereof
‘‘eight years’’.
SEC. 505. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT
FOR APPOINTMENT IN THE NAVAL RESERVE IN GRADES
ABOVE O–2.
Section 12205(b)(3) of title 10, United States Code, is amended
by inserting ‘‘or the Seaman to Admiral program’’ after ‘‘(NAVCAD)
program’’.
SEC. 506. CHIEF WARRANT OFFICER PROMOTIONS.
(a) REDUCTION OF MINIMUM TIME IN GRADE REQUIRED FOR
CONSIDERATION FOR PROMOTION.—Section 574(e) of title 10, United
States Code, is amended by striking out ‘‘three years of service’’
and inserting in lieu thereof ‘‘two years of service’’.
(b) BELOW-ZONE SELECTION.—Section 575(b)(1) of such title
is amended by inserting ‘‘chief warrant officer, W–3,’’ in the first
sentence after ‘‘to consider warrant officers for selection for pro-
motion to the grade of’’.
SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND MID-
SHIPMEN IN SIMULTANEOUS MEMBERSHIP PROGRAM.
(a) AMENDMENTS TO TITLE 10.—(1) Section 2106(c) of title 10,
United States Code, is amended by striking out ‘‘while serving
on active duty other than for training after July 31, 1990, while
a member of the Selected Reserve’’ and inserting in lieu thereof
‘‘performed on or after August 1, 1979, as a member of the Selected
Reserve’’.
(2) Section 2107(g) of such title is amended by striking out
‘‘while serving on active duty other than for training after July
31, 1990, while a member of the Selected Reserve’’ and inserting
in lieu thereof ‘‘performed on or after August 1, 1979, as a member
of the Selected Reserve’’.
(3) Section 2107a(g) of such title is amended by inserting
‘‘, other than enlisted service performed after August 1, 1979, as
a member of Selected Reserve’’ after ‘‘service as a cadet or with
concurrent enlisted service’’.
(b) AMENDMENT TO TITLE 37.—Section 205(d) of title 37, United
States Code, is amended by striking out ‘‘that service after July
31, 1990, that the officer performed while serving on active duty’’
and inserting in lieu thereof ‘‘for service that the officer performed
on or after August 1, 1979.’’.
(c) BENEFITS NOT TO ACCRUE FOR PRIOR PERIODS.—No increase
in pay or retired or retainer pay shall accrue for periods before
the date of the enactment of this Act by reason of the amendments
made by this section.
H. R. 3230—92
SEC. 508. CONTINUATION ON ACTIVE STATUS FOR CERTAIN RESERVE
OFFICERS OF THE AIR FORCE.
(a) AUTHORITY.—Section 14507 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(c) TEMPORARY AUTHORITY TO RETAIN CERTAIN OFFICERS DES-
IGNATED AS JUDGE ADVOCATES.—(1) Notwithstanding the provisions
of subsections (a) and (b), the Secretary of the Air Force may
retain on the reserve active-status list any reserve officer of the
Air Force who is designated as a judge advocate and who obtained
the first professional degree in law while on an educational delay
program subsequent to being commissioned through the Reserve
Officers’ Training Corps.
‘‘(2) No more than 50 officers may be retained on the reserve
active-status list under the authority of paragraph (1) at any time.
‘‘(3) No officer may be retained on the reserve active-status
list under the authority of paragraph (1) for a period exceeding
three years from the date on which, but for that authority, that
officer would have been removed from the reserve active-status
list under subsection (a) or (b).
‘‘(4) The authority of the Secretary of the Air Force under
paragraph (1) expires on September 30, 2003.’’.
(b) EFFECTIVE DATE.—Subsection (c) of section 14507 of title
10, United States Code, as added by subsection (a), shall take
effect on October 1, 1996.
SEC. 509. REPORTS ON RESPONSE TO RECOMMENDATIONS CONCERN-
ING IMPROVEMENTS TO DEPARTMENT OF DEFENSE JOINT
MANPOWER PROCESS.
(a) SEMIANNUAL REPORT.—The Secretary of Defense shall
submit to Congress a semiannual report on the status of actions
taken by the Secretary to implement the recommendations made
by the Department of Defense Inspector General in the report
of November 29, 1995, entitled ‘‘Inspection of the Department of
Defense Joint Manpower Process’’ (Report No. 96–029). The first
such report shall be submitted not later than February 1, 1997.
The requirement to submit such reports terminates after the fourth
such report is submitted.
(b) ADDITIONAL MATTER FOR FIRST REPORT.—As part of the
first report under subsection (a), the Secretary shall include the
following:
(1) The Secretary’s assessment as to the need to establish
a joint, centralized permanent organization in the Department
of Defense to determine, validate, approve, and manage military
and civilian manpower requirements resources at joint
organizations.
(2) The Secretary’s assessment of the Department of
Defense timeline and plan to increase the capability of the
joint professional military education system (including the
Armed Forces Staff College) to overcome the capacity limita-
tions cited in the report referred to in subsection (a).
(3) The Secretary’s plan and timeline to provide the nec-
essary training and education of reserve component officers.
(c) GAO ASSESSMENT.—The Comptroller General of the United
States shall assess the completeness and adequacy of the corrective
actions taken by the Secretary with respect to the matters covered
in the Inspector General report referred to in subsection (a). Not
later than one year after the date of the enactment of this Act,
H. R. 3230—93
the Comptroller General shall submit to Congress a report, based
on the assessment under this subsection, providing the Comptroller
General’s findings and recommendations.
SEC. 510. FREQUENCY OF REPORTS TO CONGRESS ON JOINT OFFICER
MANAGEMENT POLICIES.
(a) CHANGE FROM SEMIANNUAL TO ANNUAL REPORT.—Section
662(b) of title 10, United States Code, is amended by striking
out ‘‘REPORT.—The Secretary of Defense shall periodically (and
not less often than every six months) report to Congress on the
promotion rates’’ and inserting in lieu thereof ‘‘ANNUAL REPORT.—
Not later than January 1 of each year, the Secretary of Defense
shall submit to Congress a report on the promotion rates during
the preceding fiscal year’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such section
is further amended—
(1) in the first sentence, by striking out ‘‘clauses’’ and
inserting in lieu thereof ‘‘paragraphs’’; and
(2) in the second sentence—
(A) by inserting ‘‘for any fiscal year’’ after ‘‘such objec-
tives’’; and
(B) by striking out ‘‘periodic report required by this
subsection’’ and inserting in lieu thereof ‘‘report for that
fiscal year’’.
Subtitle B—Enlisted Personnel Policy
SEC. 511. CAREER SERVICE REENLISTMENTS FOR MEMBERS WITH AT
LEAST 10 YEARS OF SERVICE.
Subsection (d) of section 505 of title 10, United States Code,
is amended to read as follows:
‘‘(d)(1) The Secretary concerned may accept a reenlistment in
the Regular Army, Regular Navy, Regular Air Force, Regular
Marine Corps, or Regular Coast Guard, as the case may be, for
a period determined under this subsection.
‘‘(2) In the case of a member who has less than 10 years
of service in the armed forces as of the day before the first day
of the period for which reenlisted, the period for which the member
reenlists shall be at least two years but not more than six years.
‘‘(3) In the case of a member who has at least 10 years of
service in the armed forces as of the day before the first day
of the period for which reenlisted, the Secretary concerned may
accept a reenlistment for either—
‘‘(A) a specified period of at least two years but not more
than six years; or
‘‘(B) an unspecified period.
‘‘(4) No enlisted member is entitled to be reenlisted for a period
that would expire before the end of the member’s current enlist-
ment.’’.
SEC. 512. AUTHORITY TO EXTEND PERIOD FOR ENTRY ON ACTIVE
DUTY UNDER THE DELAYED ENTRY PROGRAM.
(a) AUTHORITY.—Section 513(b) of title 10, United States Code,
is amended by inserting after the first sentence the following:
‘‘The Secretary concerned may extend the 365-day period for any
person for up to an additional 180 days if the Secretary determines
H. R. 3230—94
that it is in the best interests of the armed force of which that
person is a member to do so.’’.
(b) TECHNICAL AMENDMENTS.—Section 513(b) of such title, as
amended by subsection (a), is further amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by designating the third sentence as paragraph
(2); and
(3) in paragraph (2), as so designated, by striking out
‘‘the preceding sentence’’ and inserting in lieu thereof ‘‘para-
graph (1)’’.
Subtitle C—Activation and Recall
SEC. 521. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE
DUTY.
(a) REVISION AND RECODIFICATION OF AUTHORITIES RELATING
TO RETIRED MEMBERS ORDERED TO ACTIVE DUTY.—Chapter 39 of
title 10, United States Code, is amended by striking out section
688 and inserting in lieu thereof the following:
‘‘§ 688. Retired members: authority to order to active duty;
duties
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary
of Defense, a member described in subsection (b) may be ordered
to active duty by the Secretary of the military department concerned
at any time.
‘‘(b) COVERED MEMBERS.—Except as provided in subsection (d),
subsection (a) applies to the following members of the armed forces:
‘‘(1) A retired member of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps.
‘‘(2) A member of the Retired Reserve who was retired
under section 1293, 3911, 3914, 6323, 8911, or 8914 of this
title.
‘‘(3) A member of the Fleet Reserve or Fleet Marine Corps
Reserve.
‘‘(c) DUTIES
OF MEMBER ORDERED
TO ACTIVE DUTY.—The
Secretary concerned may, to the extent consistent with other provi-
sions of law, assign a member ordered to active duty under this
section to such duties as the Secretary considers necessary in the
interests of national defense.
‘‘(d) EXCLUSION OF OFFICERS RETIRED ON SELECTIVE EARLY
RETIREMENT BASIS.—The following officers may not be ordered to
active duty under this section:
‘‘(1) An officer who retired under section 638 of this title.
‘‘(2) An officer who—
‘‘(A) after having been notified that the officer was
to be considered for early retirement under section 638
of this title by a board convened under section 611(b)
of this title and before being considered by that board,
requested retirement under section 3911, 6323, or 8911
of this title; and
‘‘(B) was retired pursuant to that request.
‘‘(e) LIMITATION OF PERIOD OF RECALL SERVICE.—A member
ordered to active duty under subsection (a) may not serve on active
duty pursuant to orders under that subsection for more than 12
H. R. 3230—95
months within the 24 months following the first day of the active
duty to which ordered under that subsection.
‘‘(f) WAIVER FOR PERIODS OF WAR OR NATIONAL EMERGENCY.—
Subsections (d) and (e) do not apply in time of war or of national
emergency declared by Congress or the President.
‘‘§ 689. Retired members: grade in which ordered to active
duty and upon release from active duty
‘‘(a) GENERAL RULE FOR GRADE IN WHICH ORDERED TO ACTIVE
DUTY.—Except as provided in subsections (b) and (c), a retired
member ordered to active duty under section 688 of this title
shall be ordered to active duty in the member’s retired grade.
‘‘(b) MEMBERS RETIRED IN O–9 AND O–10 GRADES.—A retired
member ordered to active duty under section 688 of this title
whose retired grade is above the grade of major general or rear
admiral shall be ordered to active duty in the highest permanent
grade held by such member while serving on active duty.
‘‘(c) MEMBERS WHO PREVIOUSLY SERVED
IN GRADE HIGHER
THAN RETIRED GRADE.—(1) A retired member ordered to active
duty under section 688 of this title who has previously served
on active duty satisfactorily, as determined by the Secretary of
the military department concerned, in a grade higher than that
member’s retired grade may be ordered to active duty in the highest
grade in which the member had so served satisfactorily, except
that such a member may not be so ordered to active duty in
a grade above major general or rear admiral.
‘‘(2) A retired member ordered to active duty in a grade that
is higher than the member’s retired grade pursuant to subsection
(a) shall be treated for purposes of section 690 of this title as
if the member was promoted to that higher grade while on that
tour of active duty.
‘‘(3) If, upon being released from that tour of active duty,
such a retired member has served on active duty satisfactorily,
as determined by the Secretary concerned, for not less than a
total of 36 months in a grade that is a higher grade than the
member’s retired grade, the member is entitled to placement on
the retired list in that grade.
‘‘(d) GRADE UPON RELEASE FROM ACTIVE DUTY.—A member
ordered to active duty under section 688 of this title who, while
on active duty, is promoted to a grade that is higher than that
member’s retired grade is entitled, upon that member’s release
from that tour of active duty, to placement on the retired list
in the highest grade in which the member served on active duty
satisfactorily, as determined by the Secretary of the military depart-
ment concerned, for not less than six months.
‘‘§ 690. Retired members ordered to active duty: limitation
on number
‘‘(a) GENERAL AND FLAG OFFICERS.—Not more than 15 retired
general officers of the Army, Air Force, or Marine Corps, and
not more than 15 retired flag officers of the Navy, may be on
active duty at any one time. For the purposes of this subsection
a retired officer ordered to active duty for a period of 60 days
or less is not counted.
‘‘(b) LIMITATION BY SERVICE.—(1) Not more than 25 officers
of any one armed force may be serving on active duty concurrently
H. R. 3230—96
pursuant to orders to active duty issued under section 688 of this
title.
‘‘(2) In the administration of paragraph (1), the following officers
shall not be counted:
‘‘(A) A chaplain who is assigned to duty as a chaplain
for the period of active duty to which ordered.
‘‘(B) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of the active duty to which ordered.
‘‘(C) Any officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.
‘‘(c) WAIVER FOR PERIODS OF WAR OR NATIONAL EMERGENCY.—
Subsection (a) does not apply in time of war or of national emer-
gency declared by Congress or the President after November 30,
1980. Subsection (b) does not apply in time of war or of national
emergency declared by Congress or the President.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on September 30, 1997.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by striking out the item relating
to section 688 and inserting in lieu thereof the following:
‘‘688. Retired members: authority to order to active duty; duties.
‘‘689. Retired members: grade in which ordered to active duty and upon release
from active duty.
‘‘690. Retired members ordered to active duty: limitation on number.’’.
(d) CROSS REFERENCE AMENDMENT.—Section 6151(a) of title
10, United States Code, is amended by striking out ‘‘688’’ and
inserting in lieu thereof ‘‘689’’.
SEC. 522. CLARIFICATION OF DEFINITION OF ACTIVE STATUS.
Section 101(d)(4) of title 10, United States Code, is amended
by striking out ‘‘a reserve commissioned officer, other than a
commissioned warrant officer,’’ and inserting in lieu thereof the
following: ‘‘a member of a reserve component’’.
SEC. 523. LIMITATION OF REQUIREMENT FOR PHYSICAL EXAMINA-
TIONS OF MEMBERS OF NATIONAL GUARD CALLED INTO
FEDERAL SERVICE.
Section 12408(a) of title 10, United States Code, is amended
by inserting ‘‘under section 12301(a), 12302, or 12304 of this title’’
after ‘‘called into Federal service’’.
Subtitle D—Reserve Component
Retirement
SEC. 531. INCREASE IN ANNUAL LIMIT ON DAYS OF INACTIVE DUTY
TRAINING CREDITABLE TOWARD RESERVE RETIREMENT.
(a) INCREASE
IN
LIMIT.—Section 12733(3) is amended by
inserting before the period at the end the following: ‘‘of service
before the year of service in which the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1997
occurs and not more than 75 days in any subsequent year of
service’’.
(b) TRACKING SYSTEM FOR AWARD OF RETIREMENT POINTS.—
To better enable the Secretary of Defense and Congress to assess
H. R. 3230—97
the cost and the effect on readiness of the amendment made by
subsection (a) and of other potential changes to the Reserve retire-
ment system under chapter 1223 of title 10, United States Code,
the Secretary of Defense shall require the Secretary of each military
department to implement a system to monitor the award of retire-
ment points for purposes of that chapter by categories in accordance
with the recommendation set forth in the August 1988 report of
the Sixth Quadrennial Review of Military Compensation.
(c) RECOMMENDATIONS
TO CONGRESS.—The Secretary shall
submit to Congress, not later than one year after the date of
the enactment of this Act, the recommendations of the Secretary
with regard to the adoption of the following Reserve retirement
initiatives recommended in the August 1988 report of the Sixth
Quadrennial Review of Military Compensation:
(1) Elimination of membership points under subparagraph
(C) of section 12732(a)(2) of title 10, United States Code, in
conjunction with a decrease from 50 to 35 in the number
of points required for a satisfactory year under that section.
(2) Limitation to 60 in any year on the number of points
that may be credited under subparagraph (B) of section
12732(a)(2) of such title at two points per day.
(3) Limitation to 360 in any year on the total
number of retirement points countable for purposes of section
12733 of such title.
SEC. 532. RETIREMENT 
OF 
RESERVE 
ENLISTED 
MEMBERS 
WHO
QUALIFY FOR ACTIVE DUTY RETIREMENT AFTER ADMINIS-
TRATIVE REDUCTION IN ENLISTED GRADE.
(a) ARMY.—(1) Chapter 369 of title 10, United States Code,
is amended by inserting after section 3962 the following new section:
‘‘§ 3963. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of the
member’s misconduct
‘‘(a) A Reserve enlisted member of the Army described in sub-
section (b) who is retired under section 3914 of this title shall
be retired in the highest enlisted grade in which the member
served on active duty satisfactorily (or, in the case of a member
of the National Guard, in which the member served on full-time
National Guard duty satisfactorily), as determined by the Secretary
of the Army.
‘‘(b) This section applies to a Reserve enlisted member who—
‘‘(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-
time National Guard duty) in a grade lower than the highest
enlisted grade held by the member while on active duty (or
full-time National Guard duty); and
‘‘(2) was previously administratively reduced in grade not
as a result of the member’s own misconduct, as determined
by the Secretary of the Army.
‘‘(c) This section applies with respect to Reserve enlisted
members who are retired under section 3914 of this title after
September 30, 1996.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 3962
the following new item:
H. R. 3230—98
‘‘3963. Highest grade held satisfactorily: Reserve enlisted members reduced in grade
not as a result of the member’s misconduct.’’.
(b) NAVY AND MARINE CORPS.—(1) Chapter 571 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 6336. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of the
member’s misconduct
‘‘(a) A member of the Naval Reserve or Marine Corps Reserve
described in subsection (b) who is transferred to the Fleet Reserve
or the Fleet Marine Corps Reserve under section 6330 of this
title shall be transferred in the highest enlisted grade in which
the member served on active duty satisfactorily, as determined
by the Secretary of the Navy.
‘‘(b) This section applies to a Reserve enlisted member who—
‘‘(1) at the time of transfer to the Fleet Reserve or Fleet
Marine Corps Reserve is serving on active duty in a grade
lower than the highest enlisted grade held by the member
while on active duty; and
‘‘(2) was previously administratively reduced in grade not
as a result of the member’s own misconduct, as determined
by the Secretary of the Navy.
‘‘(c) This section applies with respect to enlisted members of
the Naval Reserve and Marine Corps Reserve who are transferred
to the Fleet Reserve or the Fleet Marine Corps Reserve after
September 30, 1996.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘6336. Highest grade held satisfactorily: Reserve enlisted members reduced in grade
not as a result of the member’s misconduct.’’.
(c) AIR FORCE.—(1) Chapter 869 of title 10, United States
Code, is amended by inserting after section 8962 the following
new section:
‘‘§ 8963. Highest grade held satisfactorily: Reserve enlisted
members reduced in grade not as a result of the
member’s misconduct
‘‘(a) A Reserve enlisted member of the Air Force described
in subsection (b) who is retired under section 8914 of this title
shall be retired in the highest enlisted grade in which the member
served on active duty satisfactorily (or, in the case of a member
of the National Guard, in which the member served on full-time
National Guard duty satisfactorily), as determined by the Secretary
of the Air Force.
‘‘(b) This section applies to a Reserve enlisted member who—
‘‘(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-
time National Guard duty) in a grade lower than the highest
enlisted grade held by the member while on active duty (or
full-time National Guard duty); and
‘‘(2) was previously administratively reduced in grade not
as a result of the member’s own misconduct, as determined
by the Secretary of the Air Force.
‘‘(c) This section applies with respect to Reserve enlisted mem-
bers who are retired under section 8914 of this title after September
30, 1996.’’.
H. R. 3230—99
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 8962
the following new item:
‘‘8963. Highest grade held satisfactorily: Reserve enlisted members reduced in grade
not as a result of the member’s misconduct.’’.
(d) COMPUTATION OF RETIRED AND RETAINER PAY BASED UPON
RETIRED GRADE.—(1) Section 3991 of such title is amended by
adding at the end the following new subsection:
‘‘(c) SPECIAL RULE FOR RETIRED RESERVE ENLISTED MEMBERS
COVERED
BY SECTION 3963.—In the case of a Reserve enlisted
member retired under section 3914 of this title whose retired grade
is determined under section 3963 of this title and who first became
a member of a uniformed service before September 8, 1980, the
retired pay base of the member (notwithstanding section 1406(a)(1)
of this title) is the amount of the monthly basic pay of the member’s
retired grade (determined based upon the rates of basic pay
applicable on the date of the member’s retirement), and that amount
shall be used for the purposes of subsection (a)(1)(A) rather than
the amount computed under section 1406(c) of this title.’’.
(2) Section 6333 of such title is amended by adding at the
end the following new subsection:
‘‘(c) In the case of a Reserve enlisted member whose grade
upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve
is determined under section 6336 of this title and who first became
a member of a uniformed service before September 8, 1980, the
retainer pay base of the member (notwithstanding section 1406(a)(1)
of this title) is the amount of the monthly basic pay of the grade
in which the member is so transferred (determined based upon
the rates of basic pay applicable on the date of the member’s
transfer), and that amount shall be used for the purposes of the
table in subsection (a) rather than the amount computed under
section 1406(d) of this title.’’.
(3) Section 8991 of such title is amended by adding at the
end the following new subsection:
‘‘(c) SPECIAL RULE FOR RETIRED RESERVE ENLISTED MEMBERS
COVERED
BY SECTION 8963.—In the case of a Reserve enlisted
member retired under section 8914 of this title whose retired grade
is determined under section 8963 of this title and who first became
a member of a uniformed service before September 8, 1980, the
retired pay base of the member (notwithstanding section 1406(a)(1)
of this title) is the amount of the monthly basic pay of the member’s
retired grade (determined based upon the rates of basic pay
applicable on the date of the member’s retirement), and that amount
shall be used for the purposes of subsection (a)(1)(A) rather than
the amount computed under section 1406(e) of this title.’’.
SEC. 533. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO WAIVE
RETIREMENT SANCTUARY.
Section 12686 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a) LIMITATION.—’’ before ‘‘Under regula-
tions’’; and
(2) by adding at the end the following:
‘‘(b) WAIVER.—With respect to a member of a reserve component
who is to be ordered to active duty (other than for training) under
section 12301 of this title pursuant to an order to active duty
that specifies a period of less than 180 days and who (but for
this subsection) would be covered by subsection (a), the Secretary
H. R. 3230—100
concerned may require, as a condition of such order to active duty,
that the member waive the applicability of subsection (a) to the
member for the period of active duty covered by that order. In
carrying out this subsection, the Secretary concerned may require
that a waiver under the preceding sentence be executed before
the period of active duty begins.’’.
SEC. 534. ELIGIBILITY OF RESERVES FOR DISABILITY RETIREMENT.
Paragraph (2) of section 1204 of title 10, United States Code,
is amended to read as follows:
‘‘(2) the disability is the proximate result of, or was incurred
in line of duty after the date of the enactment of this Act
as a result of—
‘‘(A) performing active duty or inactive-duty training;
‘‘(B) traveling directly to or from the place at which
such duty is performed; or
‘‘(C) an injury, illness, or disease incurred or aggra-
vated while remaining overnight, between successive peri-
ods of inactive-duty training, at or in the vicinity of the
site of the inactive duty training, if the site is outside
reasonable commuting distance of the member’s residence;’’.
Subtitle E—Other Reserve Component
Matters
SEC. 541. TRAINING FOR RESERVES ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.
Subsection (b) of section 12310 of title 10, United States Code,
is amended to read as follows:
‘‘(b) A Reserve on active duty as described in subsection (a)
may be provided training consistent with training provided to other
members on active duty, as the Secretary concerned sees fit.’’.
SEC. 542. ELIGIBILITY 
FOR 
ENROLLMENT 
IN 
READY 
RESERVE
MOBILIZATION INCOME INSURANCE PROGRAM.
Section 12524 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(g) MEMBERS OF INDIVIDUAL READY RESERVE.—Notwithstand-
ing any other provision of this section, and pursuant to regulations
issued by the Secretary, a member of the Individual Ready Reserve
who becomes a member of the Selected Reserve shall not be denied
eligibility to purchase insurance under this chapter upon becoming
a member of the Selected Reserve unless the member previously
declined to enroll in the program of insurance under this chapter
while a member of the Selected Reserve.’’.
SEC. 543. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFES-
SIONS 
SCHOLARSHIP 
AND 
FINANCIAL 
ASSISTANCE
PROGRAM.
(a) CREDIT AUTHORIZED.—Section 2126 of title 10, United States
Code, is amended—
(1) by striking out ‘‘Service performed’’ and inserting in
lieu thereof ‘‘(a) SERVICE NOT CREDITABLE.—Except as provided
in subsection (b), service performed’’; and
(2) by adding at the end the following:
H. R. 3230—101
‘‘(b) SERVICE CREDITABLE FOR CERTAIN PURPOSES.—(1) The Sec-
retary concerned may authorize service performed by a member
of the program in pursuit of a course of study under this subchapter
to be counted in accordance with this subsection if the member—
‘‘(A) completes the course of study;
‘‘(B) completes the active duty obligation imposed under
section 2123(a) of this title; and
‘‘(C) possesses a specialty designated by the Secretary con-
cerned as critically needed in wartime.
‘‘(2) Service credited under paragraph (1) counts only for the
following purposes:
‘‘(A) Award of retirement points for computation of
years of service under section 12732 of this title and for com-
putation of retired pay under section 12733 of this title.
‘‘(B) Computation of years of service creditable under sec-
tion 205 of title 37.
‘‘(3) For purposes of paragraph (2)(A), a member may be credited
in accordance with paragraph (1) with not more than 50 points
for each year of participation in a course of study that the member
satisfactorily completes as a member of the program.
‘‘(4) Service may not be counted under paragraph (1) for more
than four years of participation in a course of study as a member
of the program.
‘‘(5) A member is not entitled to any retroactive award of,
or increase in, pay or allowances under title 37 by reason of an
award of service credit under paragraph (1).’’.
(b) AWARD
OF RETIREMENT POINTS.—(1) Section 12732(a)(2)
of such title is amended—
(A) by inserting after clause (C) the following:
‘‘(D) Points credited for the year under section 2126(b)
of this title.’’; and
(B) in the matter following clause (D), as inserted by para-
graph (1), by striking out ‘‘and (C)’’ and inserting in lieu thereof
‘‘(C), and (D)’’.
(2) Section 12733(3) of such title is amended by striking out
‘‘or (C)’’ and inserting in lieu thereof ‘‘(C), or (D)’’.
SEC. 544. AMENDMENTS TO RESERVE OFFICER PERSONNEL MANAGE-
MENT ACT PROVISIONS.
(a) SERVICE REQUIREMENT FOR RETIREMENT IN HIGHEST GRADE
HELD.—Section 1370(d) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (3) as paragraph (4);
(2) in paragraph (2)(A), by striking out ‘‘(A)’’;
(3) by redesignating paragraph (2)(B) as paragraph
(3); and
(4) in paragraph (3), as so redesignated—
(A) by designating the first sentence as subpara-
graph (A);
(B) by designating the second sentence as subpara-
graph (B);
(C) in subparagraph (B), as so redesignated, by striking
out ‘‘the preceding sentence’’ and inserting in lieu thereof
‘‘subparagraph (A)’’; and
(D) by adding at the end the following:
‘‘(C) If a person covered by subparagraph (A) has completed
at least six months of satisfactory service in grade, the person
H. R. 3230—102
was serving in that grade while serving in a position of adjutant
general required under section 314 of title 32 or while serving
in a position of assistant adjutant general subordinate to such
a position of adjutant general, and the person has failed to complete
three years of service in that grade solely because the person’s
appointment to such position has been terminated or vacated as
described in section 324(b) of such title, then such person may
be credited with satisfactory service in that grade, notwithstanding
the failure to complete three years of service in that grade.
‘‘(D) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been rec-
ommended for promotion in a report of a promotion board but
before being promoted to the recommended grade, served in a
position for which that grade is the minimum authorized grade
may be credited for purposes of subparagraph (A) as having served
in that grade for the period for which the person served in that
position while in the next lower grade. The period credited may
not include any period before the date on which the Senate provides
advice and consent for the appointment of that person in the rec-
ommended grade.
‘‘(E) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been extended
temporary Federal recognition as a reserve officer of the Army
National Guard in a particular grade under section 308 of title
32 or temporary Federal recognition as a reserve officer of the
Air National Guard in a particular grade under such section, served
in a position for which that grade is the minimum authorized
grade may be credited for purposes of subparagraph (A) as having
served in that grade for the period for which the person served
in that position while extended the temporary Federal recognition,
but only if the person was subsequently extended permanent Fed-
eral recognition as a reserve officer in that grade and also served
in that position after being extended the permanent Federal recogni-
tion.’’.
(b) EXCEPTION TO REQUIREMENT FOR RETENTION OF RESERVE
OFFICERS
UNTIL
COMPLETION
OF
REQUIRED
SERVICE.—Section
12645(b)(2) of such title is amended by inserting ‘‘or a reserve
active-status list’’ after ‘‘active-duty list’’.
(c) TECHNICAL CORRECTION.—Section 14314(b)(2)(B) of such
title is amended by striking out ‘‘of the Air Force’’.
SEC. 545. REPORT ON NUMBER OF ADVISERS IN ACTIVE COMPONENT
SUPPORT OF RESERVES PILOT PROGRAM.
(a) REPORT ON NUMBER OF ACTIVE COMPONENT ADVISERS.—
Not later than six months after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report setting forth
the Secretary’s determination as to the appropriate number of active
component personnel to be assigned to serve as advisers to reserve
components under section 414 of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (10 U.S.C. 12001 note).
If the Secretary’s determination is that such number should be
a number other than the required minimum number in effect under
subsection (c) of such section, the Secretary shall include in the
report an explanation providing the Secretary’s justification for
the number recommended.
H. R. 3230—103
(b) TECHNICAL AMENDMENT.—Section 414(a) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 12001 note) is amended by striking out ‘‘During fiscal years
1992 and 1993, the Secretary of the Army shall institute’’ and
inserting in lieu thereof ‘‘The Secretary of the Army shall carry
out’’.
SEC. 546. SENSE OF CONGRESS AND REPORT REGARDING REEMPLOY-
MENT RIGHTS FOR MOBILIZED RESERVISTS EMPLOYED IN
FOREIGN COUNTRIES.
(a) SENSE OF CONGRESS.—Congress is concerned about the lack
of reemployment rights afforded Reserve component members who
reside in foreign countries and either work for United States compa-
nies that maintain offices or operations in foreign countries or
work for foreign employers. Being outside the jurisdiction of the
United States, these employers are not subject to the provisions
of chapter 43 of title 38, United States Code, known as the Uni-
formed Services Employment and Reemployment Rights Act
(USERRA). The purpose of that Act is to provide statutory employ-
ment protections that include reinstatement, seniority, status, and
rate of pay coverage for Reservists who are ordered to active duty
for a specified period of time, including involuntary active duty
in support of an operational contingency. While most Reserve
members are afforded the protections of that Act (which covers
reemployment rights in their civilian jobs upon completion of mili-
tary service), approximately 2,000 members of the Selected Reserve
reside outside the United States and its territories and, not being
guaranteed the job protection envisioned by the USERRA, are poten-
tially subject to reemployment problems after release from active
duty. This situation poses a continuing personnel management chal-
lenge for the reserve components.
(b) RECOGNITION
OF PROBLEM.—Congress, while recognizing
that foreign governments and companies located abroad, not being
within the jurisdiction of the United States, cannot be required
to comply with the provisions of the Uniformed Services Employ-
ment and Reemployment Rights Act, also recognizes that there
is a need to provide assistance to Reservists in the situation
described in subsection (a), both in the near term and the long
term.
(c) REPORT REQUIREMENT.—Not later than April 1, 1997, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report that sets forth rec-
ommended actions to help alleviate reemployment problems for
Reservists who are employed outside the United States and its
territories by United States companies that maintain offices or
operations in foreign countries or by foreign employers. The report
shall include recommendations on the assistance and support that
may be required by other organizations of the Government, includ-
ing the Defense Attache´ Offices, the Department of Labor, and
the Department of State. The report shall be prepared in consulta-
tion with the Secretary of State and the Secretary of Labor.
SEC. 547. PAYMENT OF PREMIUMS UNDER MOBILIZATION INCOME
INSURANCE PROGRAM.
Section 12527(a) of title 10, United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘of the Selected Reserve’’
after ‘‘a member’’; and
H. R. 3230—104
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
‘‘(2) The Secretary of Defense, in consultation with the Secretary
of Transportation, shall prescribe regulations which specify the
procedures for payment of premiums by members of the Individual
Ready Reserve and other members who do not receive pay on
a monthly basis.’’.
Subtitle F—Officer Education Programs
SEC. 551. OVERSIGHT AND MANAGEMENT OF SENIOR RESERVE OFFI-
CERS’ TRAINING CORPS PROGRAM.
(a) ENROLLMENT PRIORITY TO BE CONSISTENT WITH PURPOSE
OF PROGRAM.—(1) Section 2103 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e) An educational institution at which a unit of the program
has been established shall give priority for enrollment in the pro-
gram to students who are eligible for advanced training under
section 2104 of this title.’’.
(2) Section 2109 of such title is amended by adding at the
end the following new subsection:
‘‘(c)(1) A person who is not qualified for, and (as determined
by the Secretary concerned) will not be able to become qualified
for, advanced training by reason of one or more of the requirements
prescribed in paragraphs (1) through (3) of section 2104(b) of this
title shall not be permitted to participate in—
‘‘(A) field training or a practice cruise under section
2106(b)(6) of this title; or
‘‘(B) practical military training under subsection (a).
‘‘(2) The Secretary of the military department concerned may
waive the limitation in paragraph (1) under procedures prescribed
by the Secretary. Such procedures shall ensure uniform application
of limitations and restrictions without regard to the reason for
disqualification for advanced training.’’.
(b) WEAR OF THE MILITARY UNIFORM.—Section 772(h) of such
title is amended by inserting before the period at the end the
following: ‘‘if the wear of such uniform is specifically authorized
under regulations prescribed by the Secretary of the military depart-
ment concerned’’.
SEC. 552. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET
COMMAND OR TERMINATION OF SENIOR ROTC UNITS
PENDING REPORT ON ROTC.
(a) PROHIBITION.—(1) The Secretary of the Army may not
reorganize or restructure the Reserve Officers Training Corps Cadet
Command, and may not terminate any Senior Reserve Officer Train-
ing Corps unit identified in the document referred to in paragraph
(2), until 180 days after the date on which the Secretary submits
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives the report
described in subsection (b).
(2) The document referred to in paragraph (1) is the Department
of Defense document dated May 20, 1996, entitled ‘‘Information
for Members of Congress concerning Senior Reserve Officer Training
Corps (ROTC) Unit Closures’’.
H. R. 3230—105
(b) REPORT CONTENTS.—The report referred to in subsection
(a) is a report by the Secretary of the Army in which the Secretary—
(1) describes the selection process used to identify the
Reserve Officer Training Corps units of the Army to be termi-
nated;
(2) lists the criteria used by the Army to select Reserve
Officer Training Corps units for termination;
(3) sets forth the specific ranking of each unit of the Reserve
Officer Training Corps of the Army to be terminated as against
all other such units;
(4) sets forth the authorized and actual cadre staffing of
each such unit for each fiscal year of the 10-fiscal year period
ending with fiscal year 1996;
(5) sets forth the production goals and performance evalua-
tions of each such unit for each fiscal year of the 10-fiscal
year period ending with fiscal year 1996;
(6) describes how cadets currently enrolled in the units
referred to in paragraph (5) will be accommodated after the
closure of such units;
(7) describes the incentives to enhance the Reserve Officer
Training Corps program that are provided by each of the col-
leges on the closure list;
(8) includes the projected officer accession plan by source
of commission for the active-duty Army, the Army Reserve,
and the Army National Guard; and
(9) describes whether the closure of any ROTC unit will
adversely affect the recruitment of minority officer candidates.
SEC. 553. PILOT PROGRAM TO TEST EXPANSION OF ROTC PROGRAM
TO INCLUDE GRADUATE STUDENTS.
(a) TEST PROGRAM.—Section 2107(c) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following:
‘‘(2) The Secretary of Defense shall authorize the Secretaries
of the military departments to carry out a test program to determine
the desirability of enabling graduate students to participate in
the financial assistance program under this section. As part of
such test program, the Secretary of a military department may
provide financial assistance, as described in paragraph (1), to a
student enrolled in an advanced education program beyond the
baccalaureate degree level if the student also is a cadet or mid-
shipman in an advanced training program. Not more than 15 per-
cent of the total number of scholarships awarded under this section
in any year may be awarded under the test program. No scholarship
may be awarded under the test program after September 30, 1999.’’.
(b) AUTHORITY TO ENROLL IN ADVANCED TRAINING PROGRAM.—
Paragraph (3) of section 2101 of title 10, United States Code,
is amended by inserting ‘‘students enrolled in an advanced edu-
cation program beyond the baccalaureate degree level or to’’ after
‘instruction offered in the Senior Reserve Officers’ Training Corps
to’’.
(c) REPORT TO CONGRESS.—Not later than December 31, 1998,
the Secretary of Defense shall submit to Congress a report on
the experience to that date under the test program authorized
under the amendment made by subsection (a)(2). The report shall
include the Secretary’s assessment of the effect of the test program
H. R. 3230—106
on the Senior ROTC program and the Secretary’s recommendation
as to whether the authority under the test program should be
made permanent.
SEC. 554. DEMONSTRATION PROJECT FOR INSTRUCTION AND SUP-
PORT OF ARMY ROTC UNITS BY MEMBERS OF THE ARMY
RESERVE AND NATIONAL GUARD.
(a) DEMONSTRATION PROJECT REQUIRED.—The Secretary of the
Army shall carry out a demonstration project in order to assess
the feasibility and advisability of providing instruction and similar
support to units of the Senior Reserve Officers’ Training Corps
of the Army through members of the Army Reserve (including
members of the Individual Ready Reserve) and members of the
Army National Guard.
(b) PROJECT REQUIREMENTS.—(1) The Secretary shall carry out
the demonstration project at at least one institution of higher
education.
(2) In order to enhance the value of the project, the Secretary
may take actions to ensure that members of the Army Reserve
and the Army National Guard provide instruction and support
under the project in a variety of innovative ways.
(c) INAPPLICABILITY OF LIMITATION ON RESERVES IN SUPPORT
OF ROTC.—The assignment of a member of the Army Reserve
or the Army National Guard to provide instruction or support
under the demonstration project shall not be treated as an assign-
ment of the member to duty with a unit of a Reserve Officer
Training Corps program for purposes of section 12321 of title 10,
United States Code.
(d) REPORTS TO CONGRESS.—Not later than February 1 in each
of 1998 and 1999, the Secretary shall submit to Congress a report
assessing the activities under the demonstration project during
the preceding year. The report submitted in 1999 shall include
the Secretary’s recommendation as to the advisability of continuing
or expanding the authority for the project.
(e) TERMINATION.—The authority of the Secretary to carry out
the demonstration project shall expire three years after the date
of the enactment of this Act.
SEC. 555. EXTENSION OF MAXIMUM AGE FOR APPOINTMENT AS A
CADET OR MIDSHIPMAN IN THE SENIOR RESERVE OFFI-
CERS’ TRAINING CORPS AND THE SERVICE ACADEMIES.
(a) SENIOR RESERVE OFFICERS’ TRAINING CORPS.—Sections
2107(a) and 2107a(a) of title 10, United States Code, are amended—
(1) by striking out ‘‘25 years of age’’ and inserting in lieu
thereof ‘‘27 years of age’’; and
(2) by striking out ‘‘29 years of age’’ and inserting in lieu
thereof ‘‘30 years of age’’.
(b) UNITED STATES MILITARY ACADEMY.—Section 4346(a) of
such title is amended by striking out ‘‘twenty-second birthday’’
and inserting in lieu thereof ‘‘twenty-third birthday’’.
(c) UNITED STATES NAVAL ACADEMY.—Section 6958(a)(1) of such
title is amended by striking out ‘‘twenty-second birthday’’ and
inserting in lieu thereof ‘‘twenty-third birthday’’.
(d) UNITED STATES AIR FORCE ACADEMY.—Section 9346(a) of
such title is amended by striking out ‘‘twenty-second birthday’’
and inserting in lieu thereof ‘‘twenty-third birthday’’.
H. R. 3230—107
SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION BENEFITS TO
INCLUDE CERTAIN RESERVE OFFICERS’ TRAINING CORPS
(ROTC) PARTICIPANTS.
(a) ACTIVE DUTY SERVICE.—Section 3011(c) of title 38, United
States Code, is amended—
(1) by striking out ‘‘or upon completion of a program of
educational assistance under section 2107 of title 10’’ in para-
graph (2); and
(2) by adding at the end the following:
‘‘(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion
of a program of educational assistance under section 2107 of title
10 is not eligible for educational assistance under this section
if the individual enters on active duty—
‘‘(A) before October 1, 1996; or
‘‘(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.’’.
(b) SELECTED RESERVE.—Section 3012(d) of title 38, United
States Code, is amended—
(1) by striking out ‘‘or upon completion of a program of
educational assistance under section 2107 of title 10’’ in para-
graph (2); and
(2) by adding at the end the following:
‘‘(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion
of a program of educational assistance under section 2107 of title
10 is not eligible for educational assistance under this section
if the individual enters on active duty—
‘‘(A) before October 1, 1996; or
‘‘(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.’’.
SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND POLICY
IMPLICATIONS OF PERMITTING UP TO FIVE PERCENT OF
SERVICE 
ACADEMY 
GRADUATES 
TO 
BE 
ASSIGNED
DIRECTLY TO RESERVE DUTY UPON GRADUATION.
(a) REPORT REQUIRED.—The Comptroller General of the United
States shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report providing an analysis of the cost implica-
tions, and the policy implications, of permitting up to five percent
of each graduating class of each of the service academies to be
placed, upon graduation and commissioning, in an active status
in the appropriate reserve component (without a minimum period
of obligated active duty service), with a corresponding increase
in the number of ROTC graduates each year who are permitted
to serve on active duty upon commissioning.
(b) INFORMATION
ON
CURRENT
ACADEMY
GRADUATES
IN
RESERVE COMPONENTS.—The Comptroller General shall include in
the report information (shown in the aggregate and separately
for each of the Armed Forces and for graduates of each service
academy) on—
(1) the number of academy graduates who at the time
of the report are serving in an active status in a reserve
component; and
H. R. 3230—108
(2) within the number under paragraph (1), the number
for each reserve component and, of those, the number within
each reserve component who are on active duty under section
12301(d) of title 10, United States Code, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components.
(c) SUBMISSION
OF REPORT.—The report shall be submitted
not later than six months after the date of the enactment of this
Act.
(d) SERVICE ACADEMIES.—For purposes of this section, the term
‘‘service academies’’ means—
(1) the United States Military Academy;
(2) the United States Naval Academy; and
(3) the United States Air Force Academy.
Subtitle G—Decorations and Awards
SEC. 561. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN
AFRICAN AMERICAN SOLDIERS WHO SERVED DURING
WORLD WAR II.
(a) INAPPLICABILITY
OF TIME LIMITATIONS.—Notwithstanding
the time limitations in section 3744(b) of title 10, United States
Code, or any other time limitation, the President may award the
Medal of Honor to the persons specified in subsection (b), each
of whom has been found by the Secretary of the Army to have
distinguished himself conspicuously by gallantry and intrepidity
at the risk of his life above and beyond the call of duty while
serving in the United States Army during World War II.
(b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF HONOR.—
The persons referred to in subsection (a) are the following:
(1) Vernon J. Baker, who served as a first lieutenant in
the 370th Infantry Regiment, 92nd Infantry Division.
(2) Edward A. Carter, who served as a staff sergeant in
the 56th Armored Infantry Battalion, Twelfth Armored
Division.
(3) John R. Fox, who served as a first lieutenant in the
366th Infantry Regiment, 92nd Infantry Division.
(4) Willy F. James, Jr., who served as a private first class
in the 413th Infantry Regiment, 104th Infantry Division.
(5) Ruben Rivers, who served as a staff sergeant in the
761st Tank Battalion.
(6) Charles L. Thomas, who served as a first lieutenant
in the 614th Tank Destroyer Battalion.
(7) George Watson, who served as a private in the 29th
Quartermaster Regiment.
(c) POSTHUMOUS AWARD.—The Medal of Honor may be awarded
under this section posthumously, as provided in section 3752 of
title 10, United States Code.
(d) PRIOR AWARD.—The Medal of Honor may be awarded under
this section for service for which a Distinguished-Service Cross,
or other award, has been awarded.
SEC. 562. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) WAIVER OF TIME LIMITATION.—Any limitation established
by law or policy for the time within which a recommendation
H. R. 3230—109
for the award of a military decoration or award must be submitted
shall not apply in the case of awards of decorations as described
in subsection (b), the award of each such decoration having been
determined by the Secretary of the Navy to be warranted in accord-
ance with section 1130 of title 10, United States Code.
(b) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to
awards of the Distinguished Flying Cross for service during World
War II as follows:
(1) FIRST AWARD.—First award, for completion of at least
20 qualifying combat missions, to the following members and
former members of the Armed Forces:
Vernard V. Aiken of Wilmington, Vermont.
Ira V. Babcock of Dothan, Georgia.
George S. Barlow of Grafton, Virginia.
Earl A. Bratton of Bodega Bay, California.
Travis C. Cork of Leesburg, Florida.
Herman C. Edwards of Johns Island, South Carolina.
Norman J. Ehr of Kiel, Wisconsin.
James M. Fitzgerald of Anchorage, Alaska.
Raymond C. Gordon of Sherborn, Massachusetts.
Paul L. Hitchcock of Raleigh, North Carolina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Carolina.
Stanley J. Ksiadz of Cheektowaga, New York.
Otis Lancaster of Wyoming, Michigan.
Robert W. Lorette of Wilton, New Hampshire.
John B. McCabe of Biglerville, Pennsylvania.
James P. Merriman of Midland, Texas.
The late Michael L. Michalak, formerly of Akron,
New York.
The late Edward J. Naparkowsky, formerly of Hartford,
Connecticut.
Pete G. Nicora of Warren, Ohio.
Stanley J. Orlowski of Jackson, Michigan.
Raymond A. Peischl of Allentown, Pennsylvania.
A. Jerome Pfeiffer of Racine, Wisconsin.
Duane L. Rhodes of Earp, California.
Frank V. Roach of Bloomfield, New Jersey.
Arnold V. Rosekrans of Horseheads, New York.
Joseph E. Seaman, Jr. of Bordentown, New Jersey.
Richard F. Shumaker of Hilliard, Ohio.
Luther E. Thomas of Panama City, Florida.
Merton S. Ward of South Hamilton, Massachusetts.
Simon L. Webb of Magnolia, Mississippi.
Jerry W. Webster of Leander, Texas.
(2) SECOND AWARD.—Second award, for completion of at
least 40 qualifying combat missions, to the following members
and former members of the Armed Forces:
Arthur C. Adair of Grants Pass, Oregon.
Robert B. Carnes of West Yarmouth, Massachusetts.
Daniel K. Connors of Hampton, New Hampshire.
Glen E. Danielson of Whittier, California.
Ralph J. Deceuster of Dover, Ohio.
Albert P. Emsley of Bothell, Washington.
Urbain J. Fournier of Houma, Louisiana.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
H. R. 3230—110
Warren E. Johnson of Vista, California.
Elbert J. Kimble of San Francisco, California.
George W. Knauff of Monument, Colorado.
John W. Lincoln of Rockland, Massachusetts.
Alan D. Marker of Sonoma, California.
Joseph J. Oliver of White Haven, Pennsylvania.
Shefield Phelps of Seattle, Washington.
John B. Tagliapiri of St. Helena, California.
Dewilles A.H.W. Schwartz of Watertown, South
Dakota.
Ray B. Stiltner of Centralia, Washington.
(3) THIRD AWARD.—Third award, for completion of at least
60 qualifying combat missions, to the following members and
former members of the Armed Forces:
Glenn Bowers of Dillsburg, Pennsylvania.
Arthur C. Casey of Irving, California.
Robert J. Larsen of Gulf Breeze, Florida.
David Mendoza of McAllen, Texas.
William A. Nickerson of Portland, Oregon.
Maurice F. Smith of Sequim, Washington.
(4) FOURTH AWARD.—Fourth award, for completion of at
least 80 qualifying combat missions, to the following members
and former members of the Armed Forces:
Robert Bair of Ontario, California.
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Orville R. Swick of Issaquah, Washington.
(5) FIFTH AWARD.—Fifth award, for completion of at least
100 qualifying combat missions, to the following members and
former members of the Armed Forces:
William A. Baldwin of San Clemente, California.
George Bobb of Blackwood, New Jersey.
John R. Conrad of Hot Springs, Arkansas.
Herbert R. Hetrick of Roaring Springs, Pennsylvania.
William L. Wells of Cordele, Georgia.
(6) SIXTH AWARD.—Sixth award, for completion of at least
120 qualifying combat missions, to Richard L. Murray of Dallas,
Texas.
SEC. 563. REPLACEMENT OF CERTAIN AMERICAN THEATER CAM-
PAIGN RIBBONS.
(a) REPLACEMENT RIBBONS.—The Secretary of the Army, pursu-
ant to section 3751 of title 10, United States Code, may replace
any World War II decoration known as the American Theater
Campaign Ribbon that was awarded to a person listed in the
order described in subsection (b).
(b) RIBBONS PROPERLY AWARDED.—Any person listed in the
document titled ‘‘General Order Number 1’’, issued by the Third
Auxiliary Surgical Group, APO 647, United States Army, dated
February 1, 1943, shall be considered to have been properly awarded
the American Theater Campaign Ribbon for service during World
War II.
H. R. 3230—111
Subtitle H—Other Matters
SEC. 571. HATE CRIMES IN THE MILITARY.
(a) HUMAN RELATIONS TRAINING.—(1) The Secretary of Defense
shall ensure that the Secretary of each military department con-
ducts ongoing programs for human relations training for all mem-
bers of the Armed Forces under the jurisdiction of the Secretary.
Matters to be covered by such training include race relations, equal
opportunity, opposition to gender discrimination, and sensitivity
to ‘‘hate group’’ activity. Such training shall be provided during
basic training (or other initial military training) and on a regular
basis thereafter.
(2) The Secretary of Defense shall also ensure that unit
commanders are aware of their responsibilities in ensuring that
impermissible activity based upon discriminatory motives does not
occur in units under their command.
(b) INFORMATION TO BE PROVIDED TO PROSPECTIVE RECRUITS.—
The Secretary of Defense shall ensure that each individual prepar-
ing to enter an officer accession program or to execute an original
enlistment agreement is provided information concerning the mean-
ing of the oath of office or oath of enlistment for service in the
Armed Forces in terms of the equal protection and civil liberties
guarantees of the Constitution, and each such individual shall
be informed that if supporting those guarantees is not possible
personally for that individual, then that individual should decline
to enter the Armed Forces.
(c) ANNUAL SURVEY.—(1) Section 451 of title 10, United States
Code, is amended to read as follows:
‘‘§ 451. Race relations, gender discrimination, and hate
group activity: annual survey and report
‘‘(a) ANNUAL SURVEY.—The Secretary of Defense shall carry
out an annual survey to measure the state of racial, ethnic, and
gender issues and discrimination among members of the Armed
Forces serving on active duty and the extent (if any) of activity
among such members that may be seen as so-called ‘hate group’
activity. The survey shall solicit information on the race relations
and gender relations climate in the Armed Forces, including—
‘‘(1) indicators of positive and negative trends of relations
among all racial and ethnic groups and between the sexes;
‘‘(2) the effectiveness of Department of Defense policies
designed to improve race, ethnic, and gender relations; and
‘‘(3) the effectiveness of current processes for complaints
on and investigations into racial, ethnic, and gender discrimina-
tion.
‘‘(b) IMPLEMENTING ENTITY.—The Secretary shall carry out each
annual survey through the entity in the Department of Defense
known as the Armed Forces Survey on Race/Ethnic Issues.
‘‘(c) REPORTS TO CONGRESS.—Upon completion of each annual
survey under subsection (a), the Secretary shall submit to Congress
a report containing the results of the survey.’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 22 of such title is amended to read
as follows:
‘‘451. Race relations, gender discrimination, and hate group activity: annual survey
and report.’’.
H. R. 3230—112
SEC. 572. DISABILITY COVERAGE FOR MEMBERS GRANTED EXCESS
LEAVE FOR EDUCATIONAL OR EMERGENCY PURPOSES.
(a) ELIGIBILITY
FOR RETIREMENT.—Section 1201 of title 10,
United States Code, is amended—
(1) by striking out the matter preceding paragraph (1)
and inserting in lieu thereof the following:
‘‘(a) RETIREMENT.—Upon a determination by the Secretary con-
cerned that a member described in subsection (c) is unfit to perform
the duties of the member’s office, grade, rank, or rating because
of physical disability incurred while entitled to basic pay or while
absent as described in subsection (c)(3), the Secretary may retire
the member, with retired pay computed under section 1401 of
this title, if the Secretary also makes the determinations with
respect to the member and that disability specified in subsection
(b).
‘‘(b) REQUIRED DETERMINATIONS
OF DISABILITY.—Determina-
tions referred to in subsection (a) are determinations by the Sec-
retary that—’’; and
(2) by adding at the end the following:
‘‘(c) ELIGIBLE MEMBERS.—This section and sections 1202 and
1203 of this title apply to the following members:
‘‘(1) A member of a regular component of the armed forces
entitled to basic pay.
‘‘(2) Any other member of the armed forces entitled to
basic pay who has been called or ordered to active duty (other
than for training under section 10148(a) of this title) for a
period of more than 30 days.
‘‘(3) Any other member of the armed forces who is on
active duty but is not entitled to basic pay by reason of section
502(b) of title 37 due to authorized absence (A) to participate
in an educational program, or (B) for an emergency purpose,
as determined by the Secretary concerned.’’.
(b) ELIGIBILITY
FOR PLACEMENT
ON TEMPORARY DISABILITY
RETIREMENT LIST.—Section 1202 of title 10, United States Code,
is amended by striking out ‘‘a member of a regular component’’
and all that follows through ‘‘more than 30 days,’’ and inserting
in lieu thereof ‘‘a member described in section 1201(c) of this title’’.
(c) ELIGIBILITY
FOR SEPARATION.—Section 1203 of title 10,
United States Code, is amended by striking out the matter preced-
ing paragraph (1) and inserting in lieu thereof the following:
‘‘(a) SEPARATION.—Upon a determination by the Secretary con-
cerned that a member described in section 1201(c) of this title
is unfit to perform the duties of the member’s office, grade, rank,
or rating because of physical disability incurred while entitled to
basic pay or while absent as described in section 1201(c)(3) of
this title, the member may be separated from the member’s armed
force, with severance pay computed under section 1212 of this
title, if the Secretary also makes the determinations with respect
to the member and that disability specified in subsection (b).
‘‘(b) REQUIRED DETERMINATIONS
OF DISABILITY.—Determina-
tions referred to in subsection (a) are determinations by the
Secretary that—’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply with respect to physical disabilities incurred on
or after such date.
H. R. 3230—113
SEC. 573. CLARIFICATION OF AUTHORITY OF A RESERVE JUDGE
ADVOCATE TO ACT AS A MILITARY NOTARY PUBLIC WHEN
NOT IN A DUTY STATUS.
Section 1044a(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking out ‘‘on active duty or
performing inactive-duty training’’ and inserting in lieu thereof
‘‘, including reserve judge advocates when not in a duty status’’;
(2) in paragraph (3), by striking out ‘‘adjutants on active
duty or performing inactive-duty training’’ and inserting in
lieu thereof ‘‘adjutants, including reserve members when not
in a duty status’’; and
(3) in paragraph (4), by striking out ‘‘persons on active
duty or performing inactive-duty training’’ and inserting in
lieu thereof ‘‘members of the armed forces, including reserve
members when not in a duty status,’’.
SEC. 574. PANEL ON JURISDICTION OF COURTS-MARTIAL FOR THE
NATIONAL GUARD WHEN NOT IN FEDERAL SERVICE.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a panel to review the various authorities for court-martial and
nonjudicial punishment jurisdiction for the National Guard not
in Federal service and the use of those authorities.
(b) MEMBERSHIP.—The Secretary shall appoint the members
of the panel so as to ensure representation of the following:
(1) The State Adjutants General of the National Guard.
(2) The State Attorneys General.
(3) The Joint Service Committee on Military Justice of
the Department of Defense.
(c) DUTIES.—Matters reviewed by the panel shall include the
following:
(1) The extent of the use of court-martial and nonjudicial
punishment authority for the National Guard not in Federal
service.
(2) The extent to which the authority used is—
(A) authority under title 32, United States Code; or
(B) authority under State law.
(d) REPORT.—(1) Not later than February 1, 1997, the panel
shall submit a report on the panel’s findings and conclusions to
the Secretary of Defense.
(2) The report shall include recommended legislation for
amending title 32, United States Code—
(A) to increase the uniformity in State use of courts-martial
and nonjudicial punishment for the National Guard when not
in Federal service; and
(B) to achieve increased comparability between the court-
martial and nonjudicial punishment procedures that are
applicable to the National Guard not in Federal service and
the court-martial and nonjudicial punishment procedures that
are applicable under the Uniform Code of Military Justice
to the National Guard in Federal service.
(e) SUBMISSION
OF REPORT
TO CONGRESS.—Not later than
March 1, 1997, the Secretary of Defense shall submit to Congress
the report of the panel under subsection (d) together with the
views of the Secretary regarding the report and the matters covered
in the report.
H. R. 3230—114
SEC. 575. AUTHORITY TO EXPAND LAW ENFORCEMENT PLACEMENT
PROGRAM TO INCLUDE FIREFIGHTERS.
Section 1152(g) of title 10, United States Code, is amended—
(1) by striking out ‘‘(g) CONDITIONAL EXPANSION OF PLACE-
MENT
TO INCLUDE FIREFIGHTERS.—(1) Subject to paragraph
(2), the’’ and inserting in lieu thereof ‘‘(g) AUTHORITY TO EXPAND
PLACEMENT TO INCLUDE FIREFIGHTERS.—The’’; and
(2) in paragraph (2)—
(A) by striking out the first sentence; and
(B) in the second sentence, by inserting ‘‘authorized
by this subsection’’ after ‘‘expansion’’.
SEC. 576. IMPROVEMENTS TO PROGRAM TO ASSIST SEPARATED MILI-
TARY AND CIVILIAN PERSONNEL TO OBTAIN EMPLOYMENT
AS TEACHERS OR TEACHERS’ AIDES.
(a) PROGRAM FOR SEPARATED MEMBERS.—(1) Section 1151 of
title 10, United States Code, is amended—
(A) in subsection (f)(2), by striking out ‘‘five school years’’
in subparagraphs (A) and (B) and inserting in lieu thereof
‘‘two school years’’; and
(B) in subsection (h)(3)(A), by striking out ‘‘five consecutive
school years’’ and inserting in lieu thereof ‘‘two consecutive
school years’’.
(2) Subsection (g)(2) of such section is amended—
(A) by striking out the comma after ‘‘section 1174a of
this title’’ and inserting in lieu thereof ‘‘or’’; and
(B) by striking out ‘‘, or retires pursuant to the authority
provided in section 4403 of the National Defense Authorization
Act for fiscal year 1993 (Public Law 102–484; 10 U.S.C. 1293
note)’’.
(3) Subsection (h)(3)(B) of such section is amended—
(A) in clause (i), by striking out ‘‘$25,000’’ and inserting
in lieu thereof ‘‘$17,000’’;
(B) in clause (ii)—
(i) by striking out ‘‘40 percent’’ and inserting in lieu
thereof ‘‘25 percent’’; and
(ii) by striking out ‘‘$10,000’’ and inserting in lieu
thereof ‘‘$8,000’’; and
(C) by striking out clauses (iii), (iv), and (v).
(b) SEPARATED CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.—Section 1598(d)(2) of such title is amended by striking
out ‘‘five school years’’ in subparagraphs (A) and (B) and inserting
in lieu thereof ‘‘two school years’’.
(c) 
DISPLACED
DEPARTMENT
OF
DEFENSE
CONTRACTOR
EMPLOYEES.—Section 2410j(f)(2) of such title is amended by striking
out ‘‘five school years’’ in subparagraphs (A) and (B) and inserting
in lieu thereof ‘‘two school years’’.
(d) SAVINGS PROVISION.—The amendments made by this section
do not affect obligations under agreements entered into in accord-
ance with section 1151, 1598, or 2410j of title 10, United States
Code, before the date of the enactment of this Act.
H. R. 3230—115
SEC. 577. RETIREMENT AT GRADE TO WHICH SELECTED FOR PRO-
MOTION WHEN A PHYSICAL DISABILITY IS FOUND AT ANY
PHYSICAL EXAMINATION.
Section 1372 of title 10, United States Code, is amended by
striking out ‘‘his physical examination for promotion’’ in paragraphs
(3) and (4) and inserting in lieu thereof ‘‘a physical examination’’.
SEC. 578. REVISIONS TO MISSING PERSONS AUTHORITIES.
(a) REPEAL OF APPLICABILITY OF AUTHORITIES TO DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES AND CONTRACTOR EMPLOYEES.—
(1) Section 1501 of title 10, United States Code, is amended—
(A) in subsection (c)—
(i) by striking out ‘‘applies in the case of’’ and all
that follows through ‘‘(1) Any member’’ and inserting in
lieu thereof ‘‘applies in the case of any member’’; and
(ii) by striking out paragraph (2); and
(B) by striking out subsection (f).
(2) Section 1503(c) of such title is amended—
(A) in paragraph (1), by striking out ‘‘one individual
described in paragraph (2)’’ and inserting in lieu thereof ‘‘one
military officer’’;
(B) by striking out paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(3) Section 1504(d) of such title is amended—
(A) by striking out the text of paragraph (1) and inserting
in lieu thereof the following new text: ‘‘A board appointed
under this section shall be composed of at least three members
who are officers having the grade of major or lieutenant com-
mander or above.’’; and
(B) in paragraph (4), by striking out ‘‘section 1503(c)(4)’’
and inserting in lieu thereof ‘‘section 1503(c)(3)’’.
(4) Paragraph (1) of section 1513 of such title is amended
to read as follows:
‘‘(1) The term ‘missing person’ means a member of the
armed forces on active duty who is in a missing status.’’.
(b) REPORT ON PRELIMINARY ASSESSMENT OF STATUS.—(1) Sec-
tion 1502 of such title is amended—
(A) in subsection (a)(2)—
(i) by striking out ‘‘48 hours’’ and inserting in lieu
thereof ‘‘10 days’’; and
(ii) by striking out ‘‘theater component commander with
jurisdiction over the missing person’’ and inserting in lieu
thereof ‘‘Secretary concerned’’;
(B) by striking out subsection (b);
(C) by redesignating subsection (c) as subsection (b); and
(D) in subsection (b), as so redesignated, by striking out
the second sentence.
(2) Section 1503(a) of such title is amended by striking out
‘‘section 1502(b)’’ and inserting in lieu thereof ‘‘section 1502(a)’’.
(3) Section 1513 of such title is amended by striking out para-
graph (8).
(c) FREQUENCY OF SUBSEQUENT REVIEWS.—Subsection (b) of
section 1505 of such title is amended to read as follows:
‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—The Secretary con-
cerned shall conduct inquiries into the whereabouts and status
of a person under subsection (a) upon receipt of information that
H. R. 3230—116
may result in a change of status of the person. The Secretary
concerned shall appoint a board to conduct such inquiries.’’.
(d) 
REPEAL
OF
STATUTORY
PENALTIES
FOR
WRONGFUL
WITHHOLDING
OF INFORMATION.—Section 1506 of such title is
amended—
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(e) INFORMATION TO ACCOMPANY RECOMMENDATION OF STATUS
OF DEATH.—Section 1507(b) of such title is amended by striking
out paragraphs (3) and (4).
(f) SCOPE OF PREENACTMENT REVIEW.—(1) Section 1509 of such
title is amended—
(A) by striking out subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2)(A) The heading of such section is amended by striking
out ‘‘, special interest’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 76 of such title is amended by striking
out ‘‘, special interest’’.
Subtitle I—Commissioned Corps of the
Public Health Service
SEC. 581. APPLICABILITY TO PUBLIC HEALTH SERVICE OF PROHIBI-
TION ON CREDITING CADET OR MIDSHIPMEN SERVICE AT
THE SERVICE ACADEMIES.
(a) PROHIBITION ON COUNTING ENLISTED SERVICE PERFORMED
WHILE AT SERVICE ACADEMY.—Subsection (a) of section 971 of title
10, United States Code, is amended by inserting before the period
at the end the following: ‘‘or an officer in the Commissioned Corps
of the Public Health Service’’.
(b) PROHIBITION ON COUNTING SERVICE AS A CADET OR MID-
SHIPMAN.—Subsection (b) of such section is amended to read as
follows:
‘‘(b) PROHIBITION ON COUNTING SERVICE AS A CADET OR MID-
SHIPMAN.—In computing length of service for any purpose, service
as a cadet or midshipman may not be credited to any of the
following officers:
‘‘(1) An officer of the Navy or Marine Corps.
‘‘(2) A commissioned officer of the Army or Air Force.
‘‘(3) An officer of the Coast Guard.
‘‘(4) An officer in the commissioned corps of the Public
Health Service.’’.
(c) TECHNICAL
AMENDMENTS.—(1) Such section is further
amended by adding at the end the following new subsection:
‘‘(c) SERVICE AS A CADET OR MIDSHIPMAN DEFINED.—In this
section, the term ‘service as a cadet or midshipman’ means—
‘‘(1) service as a cadet at the United States Military
Academy, United States Air Force Academy, or United States
Coast Guard Academy; or
‘‘(2) service as a midshipman at the United States Naval
Academy.’’.
(2) Subsection (a) of such section is further amended—
(A) by inserting ‘‘PROHIBITION
ON COUNTING ENLISTED
SERVICE PERFORMED WHILE AT SERVICE ACADEMY OR IN NAVAL
RESERVE.—’’ after ‘‘(a)’’; and
H. R. 3230—117
(B) by striking out ‘‘while also serving’’ and all that follows
through ‘‘Naval Academy or’’ and inserting in lieu thereof ‘‘while
also performing service as a cadet or midshipman or serving
as a midshipman’’.
(3) The heading of such section, and the item relating to such
section in the table of sections at the beginning of chapter 49
of such title, are amended by striking out the seventh word.
SEC. 582. EXCEPTION 
TO 
STRENGTH 
LIMITATIONS 
FOR 
PUBLIC
HEALTH SERVICE OFFICERS ASSIGNED TO THE DEPART-
MENT OF DEFENSE.
Section 206 of the Public Health Service Act (42 U.S.C. 207)
is amended by adding at the end the following new subsection:
‘‘(f) In computing the maximum number of commissioned offi-
cers of the Public Health Service authorized by law or administra-
tive determination to serve on active duty, there may be excluded
from such computation officers who are assigned to duty in the
Department of Defense.’’.
SEC. 583. AUTHORITY TO PROVIDE LEGAL ASSISTANCE TO PUBLIC
HEALTH SERVICE OFFICERS.
(a) LEGAL ASSISTANCE AVAILABLE.—Subsection (a) of section
1044 of title 10, United States Code, is amended by striking out
paragraph (3) and inserting in lieu thereof the following:
‘‘(3) Officers of the commissioned corps of the Public Health
Service who are on active duty or entitled to retired or equiva-
lent pay.
‘‘(4) Dependents of members and former members described
in paragraphs (1), (2), and (3).’’.
(b) LIMITATION ON ASSISTANCE.—Subsection (c) of such section
is amended—
(1) by striking out ‘‘armed forces’’ and inserting in lieu
thereof ‘‘uniformed services described in subsection (a)’’; and
(2) by inserting ‘‘such’’ after ‘‘dependent of’’.
(c) CLARIFYING AMENDMENTS.—Subsection (a) of such section
is further amended by striking out ‘‘under his jurisdiction’’ in para-
graphs (1) and (2).
(d) STYLISTIC AMENDMENTS.—Subsection (a) of such section is
further amended—
(1) in the matter preceding paragraph (1), by striking out
‘‘to—’’ and inserting in lieu thereof ‘‘to the following persons:’’;
(2) by capitalizing the first letter of the first word of para-
graphs (1) and (2);
(3) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period; and
(4) by striking out ‘‘; and’’ at the end of paragraph (2)
and inserting in lieu thereof a period.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain members without
dependents who serve on sea duty.
H. R. 3230—118
Sec. 605. Uniform applicability of discretion to deny an election not to occupy
Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing allow-
ance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military orders
from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay authorities for
Reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service and National
Oceanic and Atmospheric Administration officers.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at Government
expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half months basic
allowance for quarters.
Sec. 623. Allowance for travel performed in connection with leave between consecu-
tive overseas tours.
Sec. 624. Funding for transportation of household effects of Public Health Service
officers.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustment for fiscal year
1998.
Sec. 632. Clarification of initial computation of retiree COLAs after retirement.
Sec. 633. Suspension of payment of retired pay of members who are absent from
the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be effective concur-
rently with payment of retired pay cost-of-living increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses’ Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of retired pay to
enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income widows.
Subtitle E—Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions through
private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes from certain
separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing clothing or allow-
ances for enlisted National Guard technicians.
Sec. 655. Technical correction to prior authority for payment of back pay to certain
persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who did not
previously receive compensation as a prisoner of war.
Sec. 657. Payments to certain persons captured and interned by North Vietnam.
Subtitle A—Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.
(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 1997 shall not be made.
(b) INCREASE IN BASIC PAY AND BAS.—Effective on January
1, 1997, the rates of basic pay and basic allowance for subsistence
of members of the uniformed services are increased by 3.0 percent.
H. R. 3230—119
(c) INCREASE IN BAQ.—Effective on January 1, 1997, the rates
of basic allowance for quarters of members of the uniformed services
are increased by 4.6 percent.
SEC. 602. ADJUSTMENT OF RATE OF CADET AND MIDSHIPMAN PAY.
Section 203(c) of title 37, United States Code, is amended—
(1) by striking out paragraph (2); and
(2) in paragraph (1), by striking out ‘‘(1)’’.
SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS WHILE
HOSPITALIZED.
(a) PAY DURING HOSPITALIZATION.—Section 210 of title 37,
United States Code, is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) A noncommissioned officer of an armed force who is
hospitalized and who, during or immediately before such hos-
pitalization, completed service as the senior enlisted member of
that armed force, shall continue to be entitled, for not more than
180 days while so hospitalized, to the rate of basic pay authorized
for the senior enlisted member of that armed force.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 210. Pay of senior enlisted members during terminal leave
and while hospitalized’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 3 of title 37, United States Code,
is amended to read as follows:
‘‘210. Pay of senior enlisted members during terminal leave and while hospitalized.’’.
SEC. 604. AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR
CERTAIN MEMBERS WITHOUT DEPENDENTS WHO SERVE
ON SEA DUTY.
(a) ENTITLEMENT OF SINGLE MEMBERS ABOVE GRADE E–5.—
Section 403(c)(2) of title 37, United States Code, is amended—
(1) by striking out ‘‘A member’’ in the first sentence and
inserting in lieu thereof ‘‘(A) Except as provided in subpara-
graphs (B) and (C), a member’’; and
(2) by striking out the second sentence.
(b) ENTITLEMENT
OF CERTAIN SINGLE MEMBERS
IN GRADE
E–5.—Such section is further amended by adding at the end the
following new subparagraph:
‘‘(B) Under regulations prescribed by the Secretary concerned,
the Secretary may authorize the payment of a basic allowance
for quarters to a member of a uniformed service without dependents
who is serving in pay grade E–5 and is assigned to sea duty.
In prescribing regulations under this subparagraph, the Secretary
concerned shall consider the availability of quarters for members
serving in pay grade E–5.’’.
(c) ENTITLEMENT WHEN BOTH SPOUSES
IN GRADES BELOW
GRADE E–6 ARE ASSIGNED TO SEA DUTY.—Such section is further
amended by inserting after subparagraph (B), as added by sub-
section (b), the following new subparagraph:
‘‘(C) Notwithstanding section 421 of this title, two members
of the uniformed services in a pay grade below pay grade
H. R. 3230—120
E–6 who are married to each other, have no other dependents,
and are simultaneously assigned to sea duty are jointly entitled
to one basic allowance for quarters during the period of such
simultaneous sea duty. The amount of the allowance shall be based
on the without dependents rate for the pay grade of the senior
member of the couple. However, this subparagraph shall not apply
to a couple if one or both of the members are entitled to a basic
allowance for quarters under subparagraph (B).’’.
(d) CONFORMING AMENDMENT REGARDING VARIABLE HOUSING
ALLOWANCE.—Section 403a(b)(2)(C) of title 37, United States Code,
is amended by striking out ‘‘E–6’’ and inserting in lieu thereof
‘‘E–4’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on July 1, 1997.
SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO DENY AN
ELECTION NOT TO OCCUPY GOVERNMENT QUARTERS.
Section 403(b)(3) of title 37, United States Code, is amended
by striking out ‘‘A member’’ and inserting in lieu thereof ‘‘Subject
to the provisions of subsection (j), a member’’.
SEC. 606. ESTABLISHMENT OF MINIMUM MONTHLY AMOUNT OF VARI-
ABLE HOUSING ALLOWANCE FOR HIGH HOUSING COST
AREAS.
(a) MINIMUM MONTHLY AMOUNT OF ALLOWANCE.—Subsection
(c) of section 403a of title 37, United States Code, is amended
by striking out paragraph (1) and inserting in lieu thereof the
following new paragraph:
‘‘(1) The monthly amount of a variable housing allowance under
this section for a member of a uniformed service with respect
to an area is equal to the greater of the following amounts:
‘‘(A) An amount equal to the difference between—
‘‘(i) the median monthly cost of housing in that area
for members of the uniformed services serving in the same
pay grade and with the same dependency status as that
member; and
‘‘(ii) 80 percent of the median monthly cost of housing
in the United States for members of the uniformed services
serving in the same pay grade and with the same depend-
ency status as that member.
‘‘(B) An amount equal to the difference between—
‘‘(i) the adequate housing allowance floor determined
by the Secretary of Defense for all members of the uni-
formed services in that area entitled to a variable housing
allowance under this section; and
‘‘(ii) the monthly basic allowance for quarters for
members of the uniformed services serving in the same
pay grade and with the same dependency status as that
member.’’.
(b) ADEQUATE HOUSING ALLOWANCE FLOOR.—Such subsection
is further amended by adding at the end the following new para-
graph:
‘‘(7)(A) For purposes of paragraph (1)(B)(i), the Secretary of
Defense shall establish an adequate housing allowance floor for
members of the uniformed services in an area as a selected percent-
age, not to exceed 85 percent, of the cost of adequate housing
in that area based on an index of housing costs selected by the
Secretary of Defense from among the following:
H. R. 3230—121
‘‘(i) The fair market rentals established annually by the
Secretary of Housing and Urban Development under section
8(c)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437f(c)(1)).
‘‘(ii) An index developed in the private sector that the
Secretary of Defense determines is comparable to the fair mar-
ket rentals referred to in clause (i) and is appropriate for
use to determine the adequate housing allowance floor.
‘‘(B) The Secretary of Defense shall carry out this paragraph
in consultation with the Secretary of Transportation, the Secretary
of Commerce, and the Secretary of Health and Human Services.’’.
(c) EFFECT ON TOTAL AMOUNT AVAILABLE FOR ALLOWANCE.—
Subsection (d)(3) of such section is amended in the second sentence
by striking out ‘‘the second sentence of subsection (c)(3)’’ and insert-
ing in lieu thereof ‘‘paragraph (1)(B) of subsection (c) and the
second sentence of paragraph (3) of that subsection’’.
(d) CONFORMING AMENDMENTS.—Subsection (c) of such section
is further amended—
(1) in paragraph (3), by striking out ‘‘this subsection’’ in
the first sentence and inserting in lieu thereof ‘‘paragraph
(1)(A) or the minimum amount of a variable housing allowance
under paragraph (1)(B)’’; and
(2) in paragraph (5), by inserting ‘‘or minimum amount
of a variable housing allowance’’ after ‘‘costs of housing’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 1997, except that the Secretary
of Defense may delay implementation of the requirements imposed
by the amendments to such later date as the Secretary considers
appropriate upon publication of notice to that effect in the Federal
Register.
SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS SEPA-
RATED BY MILITARY ORDERS FROM SPOUSES WHO ARE
MEMBERS.
(a) ADDITIONAL BASIS FOR ALLOWANCE.—Paragraph (1) of sec-
tion 427(b) of title 37, United States Code, is amended—
(1) by striking out ‘‘or’’ at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ‘‘; or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) the member is married to a member of a uniformed
service, the member has no dependent other than the spouse,
the two members are separated by reason of the execution
of military orders, and the two members were residing together
immediately before being separated by reason of execution of
military orders.’’.
(b) 
CONFORMING
AMENDMENT.—Such 
section 
is 
further
amended by adding at the end the following new paragraph:
‘‘(5) Section 421 of this title does not apply to bar an entitlement
to an allowance under paragraph (1)(D). However, not more than
one monthly allowance may be paid with respect to a married
couple under paragraph (1)(D) for any month.’’.
SEC. 608. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR PAY AND
ALLOWANCES.
Section 3702 of title 31, United States Code, is amended by
adding at the end the following new subsection:
H. R. 3230—122
‘‘(e)(1) Upon the request of the Secretary concerned (as defined
in section 101 of title 37, United States Code), the Comptroller
General may waive the time limitations set forth in subsection
(b) or (c) in the case of a claim for pay or allowances provided
under title 37 and, subject to paragraph (2), settle the claim.
‘‘(2) Payment of a claim settled under paragraph (1) shall
be subject to the availability of appropriations for payment of that
particular claim.
‘‘(3) This subsection does not apply to a claim in excess of
$25,000.’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) SPECIAL PAY
FOR CRITICALLY SHORT WARTIME HEALTH
SPECIALISTS.—Section 302g(f) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1997’’ and inserting in
lieu thereof ‘‘September 30, 1998’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1997’’ and inserting in lieu thereof ‘‘September 30, 1998’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1997’’ and inserting in lieu thereof ‘‘September 30, 1998’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1997’’ and insert-
ing in lieu thereof ‘‘September 30, 1998’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1997’’ and inserting in lieu thereof ‘‘September 30, 1998’’.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1997’’ and inserting in lieu thereof
‘‘September 30, 1998’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(i) of
title 37, United States Code, is amended by striking out ‘‘September
30, 1997’’ and inserting in lieu thereof ‘‘September 30, 1998’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
out ‘‘September 30, 1997’’ and inserting in lieu thereof ‘‘September
30, 1998’’.
(b) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1997’’ and inserting in lieu thereof ‘‘September
30, 1998’’.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1997’’ and inserting in lieu thereof ‘‘September
30, 1998’’.
H. R. 3230—123
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking out ‘‘September
30, 1997’’ and inserting in lieu thereof ‘‘September 30, 1998,’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1997’’ and inserting in lieu thereof ‘‘September
30, 1998’’.
(c) ENLISTMENT
BONUSES
FOR
CRITICAL
SKILLS.—Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ‘‘September 30, 1997’’ and inserting in
lieu thereof ‘‘September 30, 1998’’.
(d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
States Code, is amended by striking out ‘‘September 30, 1997’’
and inserting in lieu thereof ‘‘September 30, 1998’’.
(e) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
title 37, United States Code, is amended by striking out ‘‘September
30, 1997’’ and inserting in lieu thereof ‘‘September 30, 1998’’.
(f) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of title 37, United States Code, is amended by striking
out ‘‘October 1, 1997’’ and inserting in lieu thereof ‘‘October 1,
1998’’.
(g) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of title 10, United States Code, is amended by striking
out ‘‘October 1, 1997’’ and inserting in lieu thereof ‘‘October 1,
1998’’.
SEC. 614. SPECIAL PAY FOR CERTAIN PUBLIC HEALTH SERVICE
OFFICERS.
(a) OPTOMETRISTS.—Section 302a(b) of title 37, United States
Code, is amended—
(1) in paragraph (2)—
(A) by striking out ‘‘an armed force’’ in the matter
preceding subparagraph (A) and inserting in lieu thereof
‘‘a uniformed service’’; and
(B) by striking out ‘‘of the military department’’ in
subparagraph (C); and
(2) in paragraph (4), by striking out ‘‘of the military depart-
ment’’.
(b) NONPHYSICIAN HEALTH CARE PROVIDERS.—Section 302c(d)
of title 37, United States Code, is amended—
(1) in the matter preceding paragraph (1), by striking out
‘‘Secretary of Defense’’ and inserting in lieu thereof ‘‘Secretary
concerned’’; and
(2) in paragraph (1)—
(A) 
by 
striking 
out 
‘‘or’’ 
the 
third 
place 
it
appears; and
(B) by inserting before the period at the end the
following: ‘‘, or an officer in the Regular or Reserve Corps
of the Public Health Service’’.
H. R. 3230—124
SEC. 615. SPECIAL INCENTIVES TO RECRUIT AND RETAIN DENTAL
OFFICERS.
(a) VARIABLE, ADDITIONAL, AND BOARD CERTIFIED SPECIAL PAYS
FOR ACTIVE DUTY DENTAL OFFICERS.—Section 302b(a) of title 37,
United States Code, is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking out ‘‘$1,200’’ and
inserting in lieu thereof ‘‘$3,000’’;
(B) in subparagraph (B), by striking out ‘‘$2,000’’ and
inserting in lieu thereof ‘‘$7,000’’; and
(C) in subparagraph (C), by striking out ‘‘$4,000’’ and
inserting in lieu thereof ‘‘$7,000’’;
(2) in paragraph (4), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
‘‘(A) $4,000 per year, if the officer has less than three
years of creditable service.
‘‘(B) $6,000 per year, if the officer has at least three but
less than 14 years of creditable service.
‘‘(C) $8,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
‘‘(D) $10,000 per year, if the officer has at least 18 or
more years of creditable service.’’; and
(3) in paragraph (5), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
‘‘(A) $2,500 per year, if the officer has less than 10 years
of creditable service.
‘‘(B) $3,500 per year, if the officer has at least 10 but
less than 12 years of creditable service.
‘‘(C) $4,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
‘‘(D) $5,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
‘‘(E) $6,000 per year, if the officer has 18 or more years
of creditable service.’’.
(b) RESERVE DENTAL OFFICERS SPECIAL PAY.—Section 302b
of title 37, United States Code, is amended by adding at the end
the following new subsection:
‘‘(h) RESERVE DENTAL OFFICERS SPECIAL PAY.—(1) A reserve
dental officer described in paragraph (2) is entitled to special pay
at the rate of $350 a month for each month of active duty, including
active duty in the form of annual training, active duty for training,
and active duty for special work.
‘‘(2) A reserve dental officer referred to in paragraph (1) is
a reserve officer who—
‘‘(A) is an officer of the Dental Corps of the Army or
the Navy or an officer of the Air Force designated as a dental
officer; and
‘‘(B) is on active duty under a call or order to active duty
for a period of less than one year.’’.
(c) ACCESSION BONUS FOR DENTAL SCHOOL GRADUATES WHO
ENTER THE ARMED FORCES.—(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 302g the following
new section:
‘‘§ 302h. Special pay: accession bonus for dental officers
‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person who is a
graduate of an accredited dental school and who, during the period
H. R. 3230—125
beginning on the date of the enactment of this section, and ending
on September 30, 2002, executes a written agreement described
in subsection (c) to accept a commission as an officer of the armed
forces and remain on active duty for a period of not less than
four years may, upon the acceptance of the agreement by the
Secretary concerned, be paid an accession bonus in an amount
determined by the Secretary concerned.
‘‘(2) The amount of an accession bonus under paragraph (1)
may not exceed $30,000.
‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may
not be paid a bonus under subsection (a) if—
‘‘(1) the person, in exchange for an agreement to accept
an appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
dentistry; or
‘‘(2) the Secretary concerned determines that the person
is not qualified to become and remain certified and licensed
as a dentist.
‘‘(c) AGREEMENT.—The agreement referred to in subsection (a)
shall provide that, consistent with the needs of the armed service
concerned, the person executing the agreement will be assigned
to duty, for the period of obligated service covered by the agreement,
as an officer of the Dental Corps of the Army or the Navy or
an officer of the Air Force designated as a dental officer.
‘‘(d) REPAYMENT.—(1) An officer who receives a payment under
subsection (a) and who fails to become and remain certified or
licensed as a dentist during the period for which the payment
is made shall refund to the United States an amount equal to
the full amount of such payment.
‘‘(2) An officer who voluntarily terminates service on active
duty before the end of the period agreed to be served under sub-
section (a) shall refund to the United States an amount that bears
the same ratio to the amount paid to the officer as the unserved
part of such period bears to the total period agreed to be served.
‘‘(3) An obligation to reimburse the United States imposed
under paragraph (1) or (2) is for all purposes a debt owed to
the United States.
‘‘(4) A discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an agreement under
this section does not discharge the person signing such agreement
from a debt arising under such agreement or this subsection. This
paragraph applies to any case commenced under title 11 after
the date of the enactment of this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 302g
the following new item:
‘‘302h. Special pay: accession bonus for dental officers.’’.
(3) Section 303a of title 37, United States Code, is amended
by striking out ‘‘302g’’ each place it appears and inserting in lieu
thereof ‘‘302h’’.
(d) REPORT ON ADDITIONAL ACTIVITIES TO INCREASE RECRUIT-
MENT OF DENTISTS.—Not later than April 1, 1997, the Secretary
of Defense shall submit to Congress a report describing the feasibil-
ity of increasing the number of persons enrolled in the Armed
Forces Health Professions Scholarship and Financial Assistance
program who are pursuing a course of study in dentistry in anticipa-
tion of service as an officer of the Dental Corps of the Army
H. R. 3230—126
or the Navy or an officer of the Air Force designated as a dental
officer.
(e) STYLISTIC AMENDMENTS.—Section 302b of title 37, United
States Code, is amended—
(1) in subsection (a), by inserting ‘‘VARIABLE, ADDITIONAL,
AND BOARD CERTIFICATION SPECIAL PAY.—’’ after ‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘ACTIVE-DUTY AGREE-
MENT.—’’ after ‘‘(b)’’;
(3) in subsection (c), by inserting ‘‘REGULATIONS.—’’ after
‘‘(c)’’;
(4) in subsection (d), by inserting ‘‘FREQUENCY OF PAY-
MENTS.—’’ after ‘‘(d)’’;
(5) in subsection (e), by inserting ‘‘REFUND FOR PERIOD
OF UNSERVED OBLIGATED SERVICE.—’’ after ‘‘(e)’’;
(6) in subsection (f), by inserting ‘‘EFFECT OF DISCHARGE
IN BANKRUPTCY.—’’ after ‘‘(f)’’; and
(7) in subsection (g), by inserting ‘‘DETERMINATION
OF
CREDITABLE SERVICE.—’’ after ‘‘(g)’’.
SEC. 616. FOREIGN 
LANGUAGE 
PROFICIENCY 
PAY 
FOR 
PUBLIC
HEALTH 
SERVICE 
AND 
NATIONAL 
OCEANIC 
AND
ATMOSPHERIC ADMINISTRATION OFFICERS.
(a) ELIGIBILITY.—Subsection (a) of section 316 of title 37, United
States Code, is amended—
(1) in the matter preceding paragraph (1), by striking out
‘‘armed forces’’ and inserting in lieu thereof ‘‘uniformed
services’’;
(2) in paragraph (2)—
(A) by striking out ‘‘Secretary of Defense’’ and inserting
in lieu thereof ‘‘Secretary concerned’’; and
(B) by inserting ‘‘or public health’’ after ‘‘national
defense’’; and
(3) in paragraph (3)—
(A) in subparagraph (A), by striking out ‘‘military’’
and inserting in lieu thereof ‘‘uniformed services’’;
(B) 
in 
subparagraph 
(C), 
by 
striking 
out
‘‘military’’; and
(C) in subparagraph (D)—
(i) by striking out ‘‘Department of Defense’’ and
inserting in lieu thereof ‘‘uniformed service’’; and
(ii) by striking out ‘‘Secretary of Defense’’ and
inserting in lieu thereof ‘‘Secretary concerned’’.
(b) ADMINISTRATION.—Subsection (d) of such section is
amended—
(1) by striking out ‘‘his jurisdiction and’’ and inserting
in lieu thereof ‘‘the jurisdiction of the Secretary,’’; and
(2) by inserting before the period at the end the following:
‘‘, by the Secretary of Health and Human Services for the
Commissioned Corps of the Public Health Service, and by the
Secretary of Commerce for the National Oceanic and
Atmospheric Administration’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1996, and apply with respect to
months beginning on or after such date.
H. R. 3230—142
(1) unless, of the following requirements, whichever are
applicable in a particular case are satisfied:
‘‘(A) In a case in which the election is required by
a court order, or in which an agreement to make the
election has been incorporated in or ratified or approved
by a court order, the person—
‘‘(i) furnishes to the Secretary concerned a certified
copy of a court order which is regular on its face
and which modifies the provisions of all previous court
orders relating to such election, or the agreement to
make such election, so as to permit the person to
change the election; and
‘‘(ii) certifies to the Secretary concerned that the
court order is valid and in effect.
‘‘(B) In a case of a written agreement that has not
been incorporated in or ratified or approved by a court
order, the person—
‘‘(i) furnishes to the Secretary concerned a state-
ment, in such form as the Secretary concerned may
prescribe, signed by the former spouse and evidencing
the former spouse’s agreement to a change in the elec-
tion under paragraph (1); and
‘‘(ii) certifies to the Secretary concerned that the
statement is current and in effect.
‘‘(3) REQUIRED FORMER SPOUSE ELECTION TO BE DEEMED
TO HAVE BEEN MADE.—
‘‘(A) DEEMED
ELECTION
UPON
REQUEST
BY
FORMER
SPOUSE.—If a person described in paragraph (2) or (3)
of section 1448(b) of this title is required (as described
in subparagraph (B)) to elect under section 1448(b) of this
title to provide an annuity to a former spouse and such
person then fails or refuses to make such an election,
such person shall be deemed to have made such an election
if the Secretary concerned receives the following:
‘‘(i) REQUEST
FROM
FORMER
SPOUSE.—A written
request, in such manner as the Secretary shall pre-
scribe, from the former spouse concerned requesting
that such an election be deemed to have been made.
‘‘(ii) COPY OF COURT ORDER OR OTHER OFFICIAL
STATEMENT.—Either—
‘‘(I) a copy of the court order, regular on its
face, which requires such election or incorporates,
ratifies, or approves the written agreement of such
person; or
‘‘(II) a statement from the clerk of the court
(or other appropriate official) that such agreement
has been filed with the court in accordance with
applicable State law.
‘‘(B) PERSONS REQUIRED TO MAKE ELECTION.—A person
shall be considered for purposes of subparagraph (A) to
be required to elect under section 1448(b) of this title
to provide an annuity to a former spouse if—
‘‘(i) the person enters, incident to a proceeding
of divorce, dissolution, or annulment, into a written
agreement to make such an election and the agreement
(I) has been incorporated in or ratified or approved
by a court order, or (II) has been filed with the court
H. R. 3230—148
title by reason of the service of a person who first became
a member of a uniformed service before September 8, 1980,
the retired pay of the person providing the annuity shall
for the purposes of paragraph (1) be computed on the basis
of the rates of basic pay in effect on the effective date of
the annuity.
‘‘(d) REDUCTION OF ANNUITIES AT AGE 62.—
‘‘(1) REDUCTION REQUIRED.—The annuity of a person whose
annuity is computed under subparagraph (A) of subsection
(a)(1), (a)(2), or (c)(1) shall be reduced on the first day of
the month after the month in which the person becomes 62
years of age.
‘‘(2) AMOUNT OF ANNUITY AS REDUCED.—
‘‘(A) 35 PERCENT
ANNUITY.—Except as provided in
subparagraph (B), the reduced amount of the annuity shall
be the amount of the annuity that the person would be
receiving on that date if the annuity had initially been
computed under subparagraph (B) of that subsection.
‘‘(B) SAVINGS PROVISION FOR BENEFICIARIES ELIGIBLE
FOR SOCIAL SECURITY OFFSET COMPUTATION.—In the case
of a person eligible to have an annuity computed under
subsection (e) and for whom, at the time the person be-
comes 62 years of age, the annuity computed with a reduc-
tion under subsection (e)(3) is more favorable than the
annuity with a reduction described in subparagraph (A),
the reduction in the annuity shall be computed in the
same manner as a reduction under subsection (e)(3).
‘‘(e) SAVINGS PROVISION FOR CERTAIN BENEFICIARIES.—
‘‘(1) PERSONS COVERED.—The following beneficiaries under
the Plan are eligible to have an annuity under the Plan com-
puted under this subsection:
‘‘(A) A beneficiary receiving an annuity under the Plan
on October 1, 1985, as the surviving spouse or former
spouse of the person providing the annuity.
‘‘(B) A spouse or former spouse beneficiary of a person
who on October 1, 1985—
‘‘(i) was a participant in the Plan;
‘‘(ii) was entitled to retired pay or was qualified
for that pay except that he had not applied for and
been granted that pay; or
‘‘(iii) would have been eligible for reserve-compo-
nent retired pay but for the fact that he was under
60 years of age.
‘‘(2) AMOUNT OF ANNUITY.—Subject to paragraph (3), an
annuity computed under this subsection is determined as
follows:
‘‘(A) STANDARD ANNUITY.—In the case of the beneficiary
of a standard annuity, the annuity shall be the amount
equal to 55 percent of the base amount.
‘‘(B) RESERVE-COMPONENT ANNUITY.—In the case of the
beneficiary of a reserve-component annuity, the annuity
shall be the percentage of the base amount that—
‘‘(i) is less than 55 percent; and
‘‘(ii) is determined under subsection (f).
‘‘(C) BENEFICIARIES OF PERSONS DYING DURING A PERIOD
OF SPECIAL ELIGIBILITY FOR SBP.—In the case of the bene-
ficiary of an annuity under section 1448(d) or 1448(f) of
H. R. 3230—159
SEC. 637. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY
WAIVER OF RETIRED PAY TO ENHANCE CIVIL SERVICE
RETIREMENT ANNUITY.
(a) CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEM.—(1)
Subsection (c) of section 8332 of title 5, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4) If, after January 1, 1997, an employee or Member waives
retired pay that is subject to a court order for which there has
been effective service on the Secretary concerned for purposes of
section 1408 of title 10, the military service on which the retired
pay is based may be credited as service for purposes of this sub-
chapter only if the employee or Member authorizes the Director
to deduct and withhold from the annuity payable to the employee
or Member under this subchapter an amount equal to the amount
that, if the annuity payment was instead a payment of the employ-
ee’s or Member’s retired pay, would have been deducted and with-
held and paid to the former spouse covered by the court order
under such section 1408. The amount deducted and withheld under
this paragraph shall be paid to that former spouse. The period
of civil service employment by the employee or Member shall not
be taken into consideration in determining the amount of the deduc-
tions and withholding or the amount of the payment to the former
spouse. The Director of the Office of Personnel Management shall
prescribe regulations to carry out this paragraph.’’.
(2) Paragraph (1) of such subsection is amended by striking
out ‘‘Except as provided in paragraph (2)’’ and inserting in lieu
thereof ‘‘Except as provided in paragraphs (2) and (4)’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—(1) Subsection
(c) of section 8411 of title 5, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5) If, after January 1, 1997, an employee or Member waives
retired pay that is subject to a court order for which there has
been effective service on the Secretary concerned for purposes of
section 1408 of title 10, the military service on which the retired
pay is based may be credited as service for purposes of this chapter
only if the employee or Member authorizes the Director to deduct
and withhold from the annuity payable to the employee or Member
under this subchapter an amount equal to the amount that, if
the annuity payment was instead a payment of the employee’s
or Member’s retired pay, would have been deducted and withheld
and paid to the former spouse covered by the court order under
such section 1408. The amount deducted and withheld under this
paragraph shall be paid to that former spouse. The period of civil
service employment by the employee or Member shall not be taken
into consideration in determining the amount of the deductions
and withholding or the amount of the payment to the former spouse.
The Director of the Office of Personnel Management shall prescribe
regulations to carry out this paragraph.’’.
(2) Paragraph (1) of such subsection is amended by striking
‘‘Except as provided in paragraph (2) or (3)’’ and inserting ‘‘Except
as provided in paragraphs (2), (3), and (5)’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on January 1, 1997.
H. R. 3230—220
(b) MATTERS RELATING
TO OPERATION PROVIDE COMFORT.—
Each report under subsection (a) shall include, with respect to
Operation Provide Comfort, the following:
(1) A detailed presentation of the projected costs to be
incurred by the Department of Defense for that operation dur-
ing the fiscal year in which the report is submitted and pro-
jected for the following fiscal year, together with a discussion
of missions and functions expected to be performed by the
Department as part of that operation during each of those
fiscal years.
(2) A detailed presentation of the projected costs to be
incurred by other departments and agencies of the Federal
Government participating in or providing support to that oper-
ation during each of those fiscal years.
(3) A discussion of options being pursued to reduce the
involvement of the Department of Defense in those aspects
of that operation that are not directly related to the military
mission of the Department of Defense.
(4) A discussion of the exit strategy for United States
involvement in, and support for, that operation.
(5) A description of alternative approaches to accomplishing
the mission of that operation that are designed to limit the
scope and cost to the Department of Defense of accomplishing
that mission while maintaining mission success.
(6) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(7) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone) deter-
mined to jeopardize the security of the Kurdish population
in northern Iraq.
(c) MATTERS RELATING TO OPERATION ENHANCED SOUTHERN
WATCH.—Each report under subsection (a) shall include, with
respect to Operation Enhanced Southern Watch, the following:
(1) The expected duration and annual costs of the various
elements of that operation.
(2) The political and military objectives associated with
that operation.
(3) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(4) A description of alternative approaches to accomplishing
the mission of that operation that are designed to limit the
scope and cost of accomplishing that mission while maintaining
mission success.
(5) A comprehensive discussion of the political and military
objectives and initiatives that the Department of Defense has
pursued, and intends to pursue, in order to reduce United
States involvement in that operation.
(6) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone) deter-
mined to jeopardize the security of the Shiite population by
air attack in southern Iraq or to jeopardize the security of
Kuwait.
(d) TERMINATION OF REPORT REQUIREMENT.—The requirement
under subsection (a) shall cease to apply with respect to an oper-
ation named in that subsection upon the termination of United
States involvement in that operation.
(e) DEFINITIONS.—For purposes of this section:
H. R. 3230—238
(6) Section 1167 is amended by striking out ‘‘person’’ and
inserting in lieu thereof ‘‘member’’.
(7) The table of sections at the beginning of chapter 81
is amended by striking out ‘‘Sec.’’ in the item relating to section
1599a.
(8) Section 1588(d)(1)(C) is amended by striking out ‘‘Sec-
tion 522a’’ and inserting in lieu thereof ‘‘Section 552a’’.
(9) Chapter 87 is amended—
(A) in section 1723(a), by striking out the second
sentence;
(B) in section 1724—
(i) in subsection (a), by striking out ‘‘small
purchase threshold’’ and inserting in lieu thereof ‘‘sim-
plified acquisition threshold’’; and
(ii) in subsections (a) and (b), by striking out ‘‘,
beginning on October 1, 1993,’’;
(C) in section 1733(a), by striking out ‘‘On and after
October 1, 1993, a’’ and inserting in lieu thereof ‘‘A’’; and
(D) in section 1734—
(i) in subsection (a)(1), by striking out ‘‘, on and
after October 1, 1993,’’; and
(ii) in subsection (b)(1)(A), by striking out ‘‘, on
and after October 1, 1991,’’.
(10) Section 2216, as added by section 371 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104–106; 107 Stat. 277), is redesignated as section 2216a, and
the item relating to that section in the table of sections at
the beginning of chapter 131 is revised so as to reflect such
redesignation.
(11) Section 2305(b)(6) is amended—
(A) in subparagraph (B), by striking out ‘‘of this sec-
tion’’ and ‘‘of this paragraph’’;
(B) in subparagraph (C), by striking out ‘‘this sub-
section’’ and inserting in lieu thereof ‘‘subparagraph (A)’’;
and
(C) in subparagraph (D), by striking out ‘‘pursuant
to this subsection’’ and inserting in lieu thereof ‘‘under
subparagraph (A)’’.
(12) Section 2306a(h)(3) is amended by inserting ‘‘(41 U.S.C.
403(12))’’ before the period at the end.
(13) Section 2323a(a) is amended by striking out ‘‘section
1207 of the National Defense Authorization Act for Fiscal Year
1987 (10 U.S.C. 2301 note)’’ and inserting in lieu thereof ‘‘sec-
tion 2323 of this title’’.
(14) Section 2534(c)(4) is amended by striking out ‘‘the
date occurring two years after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 1996’’
and inserting in lieu thereof ‘‘February 10, 1998’’.
(15) The table of sections at the beginning of chapter 155
is amended by striking out the item relating to section 2609.
(16) Section 2610(e) is amended by striking out ‘‘two years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996’’ and inserting in lieu
thereof ‘‘on February 10, 1998’’.
(17) Sections 2824(c) and 2826(i)(1) are amended by striking
out ‘‘the date of the enactment of the National Defense
H. R. 3230—239
Authorization Act for Fiscal Year 1996’’ and inserting in lieu
thereof ‘‘February 10, 1996’’.
(18) Section 3036(d)(3) is amended by striking out ‘‘For
purposes of this subsection,’’ and inserting in lieu thereof ‘‘In
this subsection,’’.
(19) The table of sections at the beginning of chapter 641
is amended by striking out the item relating to section 7434.
(20) Section 7863 is amended by inserting ‘‘were’’ in the
first sentence after ‘‘the stores’’.
(21) Section 10542(b)(21) is amended by striking out ‘‘261’’
and inserting in lieu thereof ‘‘12001’’.
(22) Section 12205(a) is amended by striking out ‘‘After
September 30, 1995, no person’’ and inserting in lieu thereof
‘‘No person’’.
(b) AMENDMENTS
TO PUBLIC LAW 104–106.—The National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 186 et seq.) is amended as follows:
(1) Section 561(d)(1) (110 Stat. 322) is amended by inserting
‘‘of such title’’ after ‘‘Section 1405(c)’’.
(2) Section 1092(b)(2) (110 Stat. 460) is amended by striking
out the period at the end and inserting in lieu thereof ‘‘;
and’’.
(3) Section 4301(a)(1) (110 Stat. 656) is amended by
inserting ‘‘of subsection (a)’’ after ‘‘in paragraph (2)’’.
(4) Section 5601 (110 Stat. 699) is amended—
(A) in subsection (a), by inserting ‘‘of title 10, United
States Code,’’ before ‘‘is amended’’; and
(B) in subsection (c), by striking out ‘‘use of equipment
or services if,’’ in the second quoted matter therein and
inserting in lieu thereof ‘‘use of the equipment or services’’.
(5) Section 3403 (110 Stat. 631) is amended by striking
out ‘‘Act of Fiscal’’ and inserting in lieu thereof ‘‘Act for Fiscal’’.
(6) Section 4202(c)(1) (110 Stat. 653) is amended, effective
as of February 10, 1996, by striking out ‘‘purchases of’ ’’ in
the first quoted matter therein and inserting in lieu thereof
‘‘contracts for’ ’’.
(7) Section 5607(c) (110 Stat. 701) is amended, effective
as of February 10, 1996—
(A) by striking out ‘‘303B(h)’’ and by inserting in lieu
thereof ‘‘303B(k)’’; and
(B) by striking out ‘‘253b(h)’’ and by inserting in lieu
thereof ‘‘253b(k)’’.
(c) PROVISIONS EXECUTED BEFORE ENACTMENT OF PUBLIC LAW
104–106.—
(1) Section 533(b) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 315)
shall apply as if enacted as of December 31, 1995.
(2) The authority provided under section 942(f) of title
10, United States Code, shall be effective as if section 1142
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 467) had been enacted on
September 29, 1995.
(d) AMENDMENTS TO OTHER ACTS.—
(1) The last section of the Office of Federal Procurement
Policy Act (41 U.S.C. 434), as added by section 5202 of Public
Law 104–106 (110 Stat. 690), is redesignated as section 38,
and the item appearing after section 34 in the table of contents
H. R. 3230—268
Sec. 1253. Sense of Congress concerning quarters allowance during service on
active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and Reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve components
in future-years defense programs.
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Reserve Forces Revitalization
Act of 1996’’.
SEC. 1202. PURPOSE.
The purpose of this title is to revise the basic statutory authori-
ties governing the organization and administration of the reserve
components of the Armed Forces in order to recognize the realities
of reserve component partnership in the Total Force and to better
prepare the American citizen-soldier, sailor, airman, and Marine
in time of peace for duties in war.
Subtitle A—Reserve Component Structure
SEC. 1211. RESERVE COMPONENT COMMANDS.
(a) ESTABLISHMENT.—(1) Part I of subtitle E of title 10, United
States Code, is amended by inserting after chapter 1005 the follow-
ing new chapter:
‘‘CHAPTER 1006—RESERVE COMPONENT COMMANDS
‘‘Sec.
‘‘10171. United States Army Reserve Command.
‘‘10172. Naval Reserve Force.
‘‘10173. Marine Forces Reserve.
‘‘10174. Air Force Reserve Command.
‘‘§ 10171. United States Army Reserve Command
‘‘(a) COMMAND.—The United States Army Reserve Command
is a separate command of the Army commanded by the Chief
of Army Reserve.
‘‘(b) CHAIN OF COMMAND.—Except as otherwise prescribed by
the Secretary of Defense, the Secretary of the Army shall prescribe
the chain of command for the United States Army Reserve Com-
mand.
‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the Army—
‘‘(1) shall assign to the United States Army Reserve Com-
mand all forces of the Army Reserve in the continental United
States other than forces assigned to the unified combatant
command for special operations forces established pursuant
to section 167 of this title; and
‘‘(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Army specified in section 3013 of this
title, shall assign all such forces of the Army Reserve to the
commander of the United States Atlantic Command.
‘‘§ 10172. Naval Reserve Force
‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary of the Navy,
with the advice and assistance of the Chief of Naval Operations,
shall establish a Naval Reserve Force. The Naval Reserve Force
shall be operated as a separate command of the Navy.
H. R. 3230—269
‘‘(b) COMMANDER.—The Chief of Naval Reserve shall be the
commander of the Naval Reserve Force. The commander of the
Naval Reserve Force reports directly to the Chief of Naval Oper-
ations.
‘‘(c) ASSIGNMENT
OF FORCES.—The Secretary of the Navy—
‘‘(1) shall assign to the Naval Reserve Force specified por-
tions of the Naval Reserve other than forces assigned to the
unified combatant command for special operations forces estab-
lished pursuant to section 167 of this title; and
‘‘(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Navy specified in section 5013 of this
title, shall assign to the combatant commands all such forces
assigned to the Naval Reserve Force under paragraph (1) in
the manner specified by the Secretary of Defense.
‘‘§ 10173. Marine Forces Reserve
‘‘(a) ESTABLISHMENT.—The Secretary of the Navy, with the
advice and assistance of the Commandant of the Marine Corps,
shall establish in the Marine Corps a command known as the
Marine Forces Reserve.
‘‘(b) COMMANDER.—The Marine Forces Reserve is commanded
by the Commander, Marine Forces Reserve. The Commander,
Marine Forces Reserve, reports directly to the Commandant of
the Marine Corps.
‘‘(c) ASSIGNMENT OF FORCES.—The Commandant of the Marine
Corps—
‘‘(1) shall assign to the Marine Forces Reserve the forces
of the Marine Corps Reserve stationed in the continental United
States other than forces assigned to the unified combatant
command for special operations forces established pursuant
to section 167 of this title; and
‘‘(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Navy specified in section 5013 of this
title, shall assign to the combatant commands (through the
Marine Corps component commander for each such command)
all such forces assigned to the Marine Forces Reserve under
paragraph (1) in the manner specified by the Secretary of
Defense.
‘‘§ 10174. Air Force Reserve Command
‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary of the Air
Force, with the advice and assistance of the Chief of Staff of
the Air Force, shall establish an Air Force Reserve Command.
The Air Force Reserve Command shall be operated as a separate
command of the Air Force.
‘‘(b) COMMANDER.—The Chief of Air Force Reserve is the Com-
mander of the Air Force Reserve Command. The commander of
the Air Force Reserve Command reports directly to the Chief of
Staff of the Air Force.
‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the Air Force—
‘‘(1) shall assign to the Air Force Reserve Command all
forces of the Air Force Reserve stationed in the continental
United States other than forces assigned to the unified combat-
ant command for special operations forces established pursuant
to section 167 of this title; and
H. R. 3230—335
(C) by adding at the end the following:
‘‘(3) the expenses of transporting a privately owned motor
vehicle as authorized under section 5727(c) of this title;’’.
SEC. 1716. AUTHORITY TO PAY LIMITED RELOCATION ALLOWANCES
TO AN EMPLOYEE WHO IS PERFORMING AN EXTENDED
ASSIGNMENT.
Subchapter II of chapter 57 of title 5, United States Code,
as amended by section 1605, is further amended by adding at
the end the following new section:
‘‘§ 5737. Relocation expenses of an employee who is perform-
ing an extended assignment
‘‘(a) Under regulations prescribed under section 5738 of this
title, an agency may pay to or on behalf of an employee assigned
from the employee’s official station to a duty station for a period
of not less than six months and not greater than 30 months,
the following expenses in lieu of payment of expenses authorized
under subchapter I of this chapter:
‘‘(1) Travel expenses to and from the assignment location
in accordance with section 5724 of this title.
‘‘(2) Transportation expenses of the immediate family and
household goods and personal effects to and from the assign-
ment location in accordance with section 5724 of this title.
‘‘(3) A per diem allowance for en route travel of the em-
ployee’s immediate family to and from the assignment location
in accordance with section 5724a(a) of this title.
‘‘(4) Travel and transportation expenses of the employee
and spouse to seek new residence quarters at the assignment
location in accordance with section 5724a(b) of this title.
‘‘(5) Subsistence expenses of the employee and the em-
ployee’s immediate family while occupying temporary quarters
upon commencement and termination of the assignment in
accordance with section 5724a(c) of this title.
‘‘(6) An amount, in accordance with section 5724a(f), to
be used by the employee for miscellaneous expenses of this
title.
‘‘(7) The expenses of transporting a privately owned motor
vehicle or vehicles to the assignment location in accordance
with section 5727 of this title.
‘‘(8) An allowance as authorized under section 5724b of
this title for Federal, State, and local income taxes incurred
on reimbursement of expenses paid under this section or on
services provided in kind under this section.
‘‘(9) Expenses of nontemporary storage of household goods
and personal effects as defined in section 5726(a) of this title,
subject to the limitation that the weight of the household goods
and personal effects stored, together with the weight of property
transported under section 5724(a) of this title, may not exceed
the total maximum weight which could be transported in
accordance with section 5724(a) of this title.
‘‘(10) Expenses of property management services.
‘‘(b) An agency shall not make payment under this section
to or on behalf of the employee for expenses incurred after termi-
nation of the temporary assignment.’’.
H. R. 3230—346
Navy: Inside the United States—Continued
State
Installation or location
Amount
Naval Training Center, Great
Lakes.
$22,900,000
Indiana ....................
Naval Surface Warfare Center,
Crane.
$5,000,000
Maryland .................
Naval Air Warfare Center, Pa-
tuxent River ..............................
$1,270,000
United States Naval Academy ....
$10,480,000
Mississippi ..............
Navy Project, Stennis Space Cen-
ter.
$7,960,000
Nevada ....................
Naval Air Station, Fallon ............
$21,630,000
North Carolina .......
Marine Corps Air Station, Cher-
ry Point.
$1,630,000
Marine Corps Air Station, New
River.
$20,290,000
Marine 
Corps 
Base, 
Camp
Lejeune.
$20,750,000
Pennsylvania ..........
Philadelphia Naval Shipyard ......
$8,300,000
South Carolina .......
Marine 
Corps 
Recruit 
Depot,
Parris Island .............................
$2,540,000
Texas .......................
Naval Air Station, Kingsville ......
$1,810,000
Naval Station, Ingleside ..............
$16,850,000
Virginia ...................
Armed Forces Staff College, Nor-
folk .............................................
$12,900,000
Marine Corps Combat Develop-
ment Command, Quantico .......
$14,570,000
Naval Station, Norfolk .................
$56,120,000
Naval Surface Warfare Center,
Dahlgren.
$8,030,000
Washington .............
Naval Station, Everett .................
$25,740,000
Naval Undersea Warfare Center,
Keyport ......................................
$6,800,000
CONUS Various .....
Defense access roads ....................
$300,000
Total: ......................................
$589,992,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), and, in the case of the project described in section
2204(b)(4), other amounts appropriated pursuant to authorizations
enacted after this Act for the project, the Secretary of the Navy
may acquire real property and carry out military construction
projects for the installations and locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain ...................
Administrative 
Support 
Unit,
Bahrain.
$5,980,000
Greece .....................
Naval Support Activity, Souda
Bay.
$7,050,000
Italy .........................
Naval Air Station, Sigonella ........
$15,700,000
Naval Support Activity, Naples
$8,620,000
Puerto Rico .............
Naval Station, Roosevelt Roads
$23,600,000
H. R. 3230—347
Navy: Outside the United States—Continued
Country
Installation or location
Amount
United Kingdom .....
Joint Maritime Communications
Center, St. Mawgan ..................
$4,700,000
Total: ......................................
$65,650,000
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following
table:
Navy: Family Housing
State
Installation
Purpose
Amount
Arizona ..............
Marine Corps Air
Station, Yuma ...
Ancillary Fa-
cility.
$709,000
California ...........
Marine Corps Air-
Ground Combat
Center,
Twentynine
Palms .................
Ancillary Fa-
cilities.
$2,938,000
Marine Corps
Base, Camp
Pendleton ..........
202 Units ........
$29,483,000
Naval Air Station,
Lemoore .............
276 Units ........
$39,837,000
Navy Public Works
Center, San
Diego ..................
366 Units ........
$48,719,000
Florida ...............
Naval Station,
Mayport.
100 Units ........
$10,000,000
Hawaii ...............
Marine Corps Air
Station,
Kaneohe Bay .....
54 Units ..........
$11,676,000
Navy Public Works
Center, Pearl
Harbor ...............
264 Units ........
$52,586,000
Maine .................
Naval Air Station
Brunswick .........
92 Units ..........
$10,925,000
Maryland ...........
Naval Air Warfare
Center, Patux-
ent River ...........
Ancillary Fa-
cility.
$1,233,000
North Carolina
Marine Corps
Base, Camp
Lejeune ..............
Ancillary Fa-
cility.
$845,000
Marine Corps
Base, Camp
Lejeune ..............
94 Units ..........
$10,110,000