I
104TH CONGRESS
1ST SESSION
H. R. 1530
To authorize appropriations for fiscal year 1996 for military activities of
the Department of Defense, to prescribe military personnel strengths
for fiscal year 1996, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 1995
Mr. SPENCE (for himself and Mr. DELLUMS) (both by request) introduced the
following bill; which was referred to the Committee on National Security
A BILL
To authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1996, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—PROCUREMENT
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health program.
Sec. 108. Repeal of requirement for separate budget request for procurement
of reserve equipment.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Sec. 201. Authorization of appropriations.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Repeal of limitations on activities of Defense Business Operations
Fund.
Sec. 304. Amendments relating to the Ready Reserve Force component of the
Ready Reserve Fleet.
Subtitle B—Other Matters
Sec. 321. Testing of Theater Missile Defense interceptors.
Sec. 322. Establishment of a Department of Defense Laboratory Revitalization
Demonstration Program.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
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.
Subtitle C—Military Training Student Loads
Sec. 421. Authorization of training student loads.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Equalization of accrual of service credit for officers and enlisted
members of the Armed Forces.
Sec. 502. Changes in general officer billet titles resulting from the reorganiza-
tion of Headquarters, Marine Corps.
Sec. 503. Increase in the transition period for officers selected for early retire-
ment.
Sec. 504. Revision in the authorized strength limitations for Air Force commis-
sioned officers on active duty in the grade of major.
Sec. 505. Revision in the authorized strength limitations for Navy commis-
sioned officers on active duty in grades of lieutenant com-
mander, commander, and captain.
Sec. 506. Authorization of general or flag officer promotion zones.
Subtitle B—Reserve Component Matters
Sec. 511. Repeal of requirement for physical examination on calling militia into
Federal service.
Sec. 512. Authority to prescribe the duration of field training or practice cruise
required for admission to the Reserve Officers’ Training Corps
advanced course.
Sec. 513. Clarifying use of military morale, welfare, and recreation facilities by
retired reservists.
Sec. 514. Objective to increase percentage of prior active duty personnel in the
Selected Reserve.
Sec. 515. Wear of military uniform by National Guard technicians.
Sec. 516. Active duty retirement sanctuary for reservists.
Subtitle C—Amendments to the Uniform Code of Military
Justice
Sec. 551. Definitions.
Sec. 552. Jurisdiction over civilians accompanying the forces in the field in time
of armed conflict.
Sec. 553. Investigations.
Sec. 554. Refusal to testify before court-martial.
Sec. 555. Records of trial.
Sec. 556. Effective date of punishments.
Sec. 557. Deferment of confinement.
Sec. 558. Submission of matters to the convening authority for consideration.
Sec. 559. Proceedings in revision.
Sec. 560. Post-trial review of courts-martial.
Sec. 561. Appeal by the United States.
Sec. 562. Flight from apprehension.
Sec. 563. Carnal knowledge.
Sec. 564. Instruction in the Uniform Code of Military Justice.
Subtitle D—Other Matters
Sec. 571. Chief warrant officer promotions.
Sec. 572. Retirement of Director of Admissions, United States Military Acad-
emy, for years of service.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Evacuation allowances that permits equal treatment of military de-
pendents to civilians and their dependents.
Sec. 603. Continuous entitlement to career sea pay for crewmembers of ships
designated as tenders.
Sec. 604. Increase in the subsistence allowance payable to members of senior
Reserve Officer’s Training Corps.
Sec. 605. Dislocation allowance (DLA) for base realignment and closure
(BRAC) moves.
Sec. 606. Family separation allowance (FSA–II).
Sec. 607. Authorization of payment of basic allowance for quarters to certain
members of the uniformed services assigned to sea duty.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Aviation career incentive pay (ACIP) gates.
Sec. 612. Expiring authorities.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Authority to expend appropriated funds to pay certain actual ex-
penses of reservists.
Sec. 622. Flexibility when authorizing shipment of a motor vehicle incident to
permanent change of station orders.
Sec. 623. Authorization of return to United States of formerly dependent chil-
dren who attain age overseas.
Subtitle D—Retired Pay, Insurance, and Survivor Benefits
Sec. 631. Retired pay for non-regular service.
Sec. 632. Fiscal year 1996 cost-of-living adjustment for military retirees.
Sec. 633. Improved death and disability benefits for reservists.
Subtitle E—Separation Pay
Sec. 641. Transitional compensation for dependents of members of the Armed
Forces separated for dependent abuse.
Subtitle F—Other Matters
Sec. 651. Military clothing sales stores, replacement sales.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Management
Sec. 701. Codification and strengthening of CHAMPUS physician payment re-
form program.
Sec. 702. Repeal of certain limitations on reductions of medical personnel.
Subtitle B—Other Matters
Sec. 711. Closure of the Uniformed Services University of the Health Sciences.
Sec. 712. Repeal of the statutory restriction on use of funds for abortions.
TITLE VIII—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
Subtitle A—Secretarial Matters
Sec. 801. Additional Assistant Secretary of Defense.
Sec. 802. Change in name of Assistant to the Secretary of Defense for Atomic
Energy to Assistant to the Secretary of Defense for Nuclear
and Chemical Programs.
Subtitle B—Other Matters
Sec. 811. Repeal of prohibition of contracting for firefighting and security
guard functions at military facilities.
Sec. 812. Increase in unspecified minor construction threshold from $1,500,000
to $1,700,000 and the operation and maintenance threshold
from $300,000 to $350,000.
Sec. 813. Annual report on National Guard and reserve component equipment.
TITLE IX—GENERAL PROVISIONS
Sec. 901. Authorization of transportation between residence and place of em-
ployment.
Sec. 902. Armed Forces historical preservation program.
Sec. 903. Amendments to education loan repayment programs.
TITLE I—PROCUREMENT
SEC. 101. ARMY.
(a) AIRCRAFT.—Funds are hereby authorized to be
appropriated for procurement of aircraft for the Army as
follows:
(1) $1,223,067,000 for fiscal year 1996.
(2) $843,391,000 for fiscal year 1997.
(b) MISSILES.—Funds are hereby authorized to be
appropriated for procurement of missiles for the Army as
follows:
(1) $676,430,000 for fiscal year 1996.
(2) $717,757,000 for fiscal year 1997.
(c) WEAPONS AND TRACKED COMBAT VEHICLES.—
Funds are hereby authorized to be appropriated for pro-
curement of weapons and tracked combat vehicles for the
Army as follows:
(1) $1,298,986,000 for fiscal year 1996.
(2) $1,261,691,000 for fiscal year 1997.
(1) Notwithstanding any other provision of law,
the Secretary of Defense shall phase out the Uni-
formed Services University of the Health Sciences,
beginning in fiscal year 1996, and ending with the
closure of such University not later than September
30, 1999. No provision of section 2687 of title 10,
United States Code, or of any other law establishing
preconditions to the closure of any activity of the
Department of Defense shall operate to establish
any precondition to the phaseout and closure of the
Uniformed Services University of the Health
Sciences pursuant to this Act.
(2) Under the phase-out process required by
paragraph (1), the Secretary of Defense is author-
ized to exercise all of the authorities pertaining to
the operation of the Uniformed Services University
of the Health Sciences that were granted to the Sec-
retary of Defense, the Board of Regents, or the
Dean of the Uniformed Services University of the
Health Sciences by chapter 104 of title 10, United
States Code, prior to enactment of the repeal of that
chapter by subsection (a). Such authorities may be
exercised by the Secretary of Defense so as to
achieve an orderly phase-out of operations of the