[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1530 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization 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
reorganization of Headquarters, Marine
Corps.
Sec. 503. Increase in the transition period for officers selected for
early retirement.
Sec. 504. Revision in the authorized strength limitations for Air Force
commissioned officers on active duty in the
grade of major.
Sec. 505. Revision in the authorized strength limitations for Navy
commissioned officers on active duty in
grades of lieutenant commander, 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
Academy, 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 dependents 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
expenses 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 children 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
reform 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 employment.
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 procurement 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.
(d) Ammunition.--Funds are hereby authorized to be appropriated for
procurement for ammunition for the Army as follows:
(1) $795,015,000 for fiscal year 1996.
(2) $830,644,000 for fiscal year 1997.
(e) Other Procurement.--Funds are hereby authorized to be
appropriated for procurement for ammunition for the Army as follows:
(1) $2,256,601,000 for fiscal year 1996.
(2) $2,198,702,000 for fiscal year 1997.
SEC. 102. NAVY AND MARINE CORPS.
(a) Aircraft.--Funds are hereby authorized to be appropriated for
procurement of aircraft for the Navy as follows:
(1) $3,886,488,000 for fiscal year 1996.
(2) $6,885,201,000 for fiscal year 1997.
(b) Weapons.--Funds are hereby authorized to be appropriated for
procurement of weapons (including missiles and torpedoes) for the Navy
as follows:
(1) $1,787,121,000 for fiscal year 1996.
(2) $1,714,337,000 for fiscal year 1997.
(c) Shipbuilding and Conversion.--Funds are hereby authorized to be
appropriated for shipbuilding and conversion for the Navy as follows:
(1) $5,051,935,000 for fiscal year 1996.
(2) $3,941,565,000 for fiscal year 1997.
(d) Other Procurement, Navy.--Funds are hereby authorized to be
appropriated for other procurement for the Navy as follows:
(1) $2,396,080,000 for fiscal year 1996.
(2) $3,124,435,000 for fiscal year 1997.
(e) Marine Corps.--Funds are hereby authorized to be appropriated
for procurement for the Marine Corps as follows:
(1) $474,116,000 for fiscal year 1996.
(2) $687,917,000 for fiscal year 1997.
SEC. 103. AIR FORCE.
(a) Aircraft.--Funds are hereby authorized to be appropriated for
procurement of aircraft for the Air Force as follows:
(1) $6,183,886,000 for fiscal year 1996.
(2) $6,576,934,000 for fiscal year 1997.
(b) Missiles.--Funds are hereby authorized to be appropriated for
procurement of missiles for the Air Force as follows:
(1) $3,647,711,000 for fiscal year 1996.
(2) $4,422,579,000 for fiscal year 1997.
(c) Other Procurement.--Funds are hereby authorized to be
appropriated for other procurement for the Air Force as follows:
(1) $6,804,696,000 for fiscal year 1996.
(2) $6,904,630,000 for fiscal year 1997.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for Defense-wide
procurement as follows:
(1) $2,179,917,000 for fiscal year 1996.
(2) $2,524,975,000 for fiscal year 1997.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for procurement for
the Inspector General of the Department of Defense as follows:
(1) $1,000,000 for fiscal year 1996.
(2) $1,800,000 for fiscal year 1997.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
Funds are hereby authorized to be appropriated for the destruction
of lethal chemical weapons in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521) and the
destruction of chemical warfare material of the United States that is
not covered by section 1412 of such Act as follows:
(1) $746,698,000 for fiscal year 1996.
(2) $828,747,000 for fiscal year 1997.
SEC. 107. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for procurement for
the Defense Health Program as follows:
(1) $288,033,000 for fiscal year 1996.
(2) $298,486,000 for fiscal year 1997.
SEC. 108. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR
PROCUREMENT OF RESERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is repealed.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 1996.--Funds are hereby authorized to be
appropriated for fiscal year 1996 for the use of the Armed Forces for
research, development, test, and evaluation, as follows:
(1) For the Army, $4,444,175,000.
(2) For the Navy, $8,204,530,000.
(3) For the Air Force, $12,598,439,000.
(4) For Defense-wide activities, $9,084,809,000, of which--
(A) $259,341,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $22,587,000 is authorized for the Director of
Operational Test and Evaluation.
(b) Fiscal Year 1997.--Funds are hereby authorized to be
appropriated for fiscal year 1997 for the use of the Armed Forces for
research, development, test, and evaluation, as follows:
(1) For the Army, $4,240,968,000.
(2) For the Navy, $7,716,920,000.
(3) For the Air Force, $11,655,554,000.
(4) For Defense-wide activities, $9,040,169,000, of which--
(A) $267,029,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $22,978,000 is authorized for the Director of
Operational Test and Evaluation.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Fiscal Year 1996.--Funds are hereby authorized to be
appropriated for fiscal year 1996 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense, for expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, 18,184,736,000.
(2) For the Navy, $21,225,710,000.
(3) For the Marine Corps, $2,269,722,000.
(4) For the Air Force, $18,256,579,000.
(5) For Defense-wide activities, $10,366,782,000.
(6) For the Army Reserve, $1,068,591,000.
(7) For the Naval Reserve, $826,042,000.
(8) For the Marine Corps Reserve, $90,283,000.
(9) For the Air Force Reserve, $1,485,947,000.
(10) For the Army National Guard, $2,304,108,000.
(11) For the Air National Guard, $2,712,221,000.
(12) For the Defense Inspector General, $138,226,000.
(13) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $680,432,000.
(14) For the United States Court of Appeals for the Armed
Forces, $6,521,000.
(15) For Environmental Restoration Defense, $1,622,200,000.
(16) For Medical Programs, Defense, $9,865,525,000.
(17) For Humanitarian Assistance, $79,790,000.
(18) For Former Soviet Union Threat Reduction,
$371,000,000.
(19) For Contributions for International Peacekeeping and
Peace Enforcement Activities, Defense, $65,000,000.
(20) For support for the 1996 Summer Olympics, $15,000,000.
(b) Fiscal Year 1997.--Funds are hereby authorized to be
appropriated for fiscal year 1997 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense, for expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $17,628,264,000.
(2) For the Navy, $20,254,507,000.
(3) For the Marine Corps, $2,285,047,000.
(4) For the Air Force, $18,346,851,000.
(5) For the Defense-wide activities, $10,492,192,000.
(6) For the Army Reserve, $1,033,630,000.
(7) For the Naval Reserve, $864,712,000.
(8) For the Marine Corps Reserve, $95,272,000.
(9) For the Air Force Reserve, $1,059,030,000.
(10) For the Army National Guard, $2,274,435,000.
(11) For the Air National Guard, $2,773,343,000.
(12) For the Defense Inspector General, $138,060,000.
(13) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $700,756,000.
(14) For the United States Court of Appeals for the Armed
Forces, $6,586,000.
(15) For Environmental Restoration Defense, $1,622,200,000.
(16) For Medical Programs, Defense, $9,720,509,000.
(17) For Humanitarian Assistance, $71,633,000.
(18) For Former Soviet Union Threat Reduction,
$364,400,000.
(19) For Contributions for International Peacekeeping and
Peace Enforcement Activities, Defense, $100,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
(a) Fiscal Year 1996.--Funds are hereby authorized to be
appropriated for fiscal year 1996 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense for providing capital for working capital and revolving
funds, in amounts as follows:
(1) For the Defense Business Operations Fund, $878,700,000.
(2) For the National Defense Sealift Fund, $974,220,000.
(b) Fiscal Year 1997.--Funds are hereby authorized to be
appropriated for fiscal year 1997 for the use of the Armed Forces of
the United States and other activities and agencies of the Department
of Defense for providing capital for working capital and revolving
funds, for the National Defense Sealift Fund, $913,402,000.
SEC. 303. REPEAL OF LIMITATION ON ACTIVITIES OF THE DEFENSE BUSINESS
OPERATIONS FUND.
Section 316 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (10 U.S.C. 2208 note) is amended--
(1) by striking out ``(a)'' and the second sentence in
subsection (a); and
(2) by repealing subsection (b).
SEC. 304. AMENDMENTS RELATING TO THE READY RESERVE FORCE COMPONENT OF
THE READY RESERVE FLEET.
Section 2218 of title 10, United States Code is amended--
(1) in subsection (c)--
(A) by striking out ``and'' at the end of
subparagraph (C);
(B) by striking out the period at the end of
subparagraph (D) and inserting ``; and'' in lieu
thereof; and
(C) by adding the following new subparagraph at the
end thereof:
``(E) expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744).''; and
(2) in subsection (i), by striking out ``Nothing'' and
inserting in lieu thereof ``Except as provided in subsection
(c)(1)(E), nothing''.
Subtitle B--Other Matters
SEC. 321. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
Section 237(a) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1600) is amended to read as
follows:
``(a) Testing of Theater Missile Defense Interceptors.--The
Secretary of Defense may not approve a theater missile defense
interceptor program proceeding beyond the Low-Rate Initial Production
until the Secretary certifies to the congressional defense committees
successful completion of Initial Operational Test and Evaluation
(IOT&E) in which sufficient flight tests, involving multiple
interceptors and multiple targets in the presence of realistic
countermeasures, have been conducted, the results of which demonstrate
the achievement by the interceptors of the weapons systems performance
thresholds specified in the system baseline document established
pursuant to section 2435(a)(l)(A) of title 10, United States Code,
before the program entered engineering and manufacturing systems
development. Modeling and simulation validated by ground and flight
testing may be used to augment live fire testing to demonstrate weapons
system performance goals.''.
SEC. 322. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE LABORATORY
REVITALIZATION DEMONSTRATION PROGRAM.
(a) Program Required.--The Secretary of Defense shall carry out a
Department of Defense Laboratory Revitalization Demonstration Program.
Under the program the Secretary may carry out minor military
construction projects in accordance with subsection (b) and other
applicable law to improve Department of Defense laboratories covered by
the program.
(b) Increased Maximum Amounts Applicable to Minor Construction
Projects.--For purpose of any military construction project carried out
under the program--
(1) the amount provided in subsection (a)(1) of section
2805 of title 10, United States Code, shall be deemed to be
$3,000,000;
(2) the amount provided in subsection (b)(1) of such
section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1) of such
section shall be deemed to be $1,000,000.
(c) Designation of Covered Laboratories.--Not later than 30 days
before commencing the program, the Secretary shall designate the
Department of Defense laboratories that are to be covered by the
program and notify Congress of the laboratories so designated. Only the
designated laboratories may be covered by the program.
(d) Report.--Not later than September 30, 1999, the Secretary shall
submit to Congress a report on the program. The report shall include
the Secretary's conclusions and recommendations regarding the
desirability and feasibility of extending the authority set forth in
subsection (b) to cover all Department of Defense laboratories.
(e) Exclusivity of Program.--Nothing in this section may be
construed to limit any other authority provided by law for any military
construction project at a Department of Defense laboratory covered by
the program.
(f) Definitions.--In this section:
(1) The term ``laboratory'' includes--
(A) a research, engineering, and development
center;
(B) a test and evaluation activity owned, funded,
and operated by the Federal Government through the
Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ``supporting facility'', with respect to a
laboratory, means any building or structure that is used in
support of research, development, test, and evaluation at a
laboratory.
(3) The term ``Department of Defense laboratory'' does not
include a contractor owned laboratory.
(g) Expiration of Authority.--The Secretary may not carry out the
program after September 30, 2000.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1996.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1996 , as follows:
(1) The Army, 495,000.
(2) The Navy, 428,000.
(3) The Marine Corps, 174,000.
(4) The Air Force, 388,200.
(b) Fiscal Year 1997.--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, 409,400.
(3) The Marine Corps, 174,000.
(4) The Air Force, 385,400.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1996.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1996, as follows:
(1) The Army National Guard of the United States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,608.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 109,458.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) Fiscal Year 1997.--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, 367,000.
(2) The Army Reserve, 215,000.
(3) The Naval Reserve, 96,402.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 107,151.
(6) The Air Force Reserve, 73,160.
(7) The Coast Guard Reserve, 8,000.
(c) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) or subsection (b) by not more
than 2 percent.
(d) Adjustments.--The end strengths prescribed by subsection (a) or
(b) for the Selected Reserve of any reserve component 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.
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 component 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 SUPPORT OF THE
RESERVES.
(a) Fiscal Year 1996.--Within the end strengths prescribed in
section 411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1996 , the following 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, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,490.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,817.
(6) The Air Force Reserve, 628.
(b) Fiscal Year 1997.--Within the end strengths prescribed in
section 411(b), 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, 23,040.
(2) The Army Reserve, 11,550.
(3) The Naval Reserve, 17,074.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,824.
(6) The Air Force Reserve, 625.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) Fiscal Year 1996.--For fiscal year 1996 , the components of the
Armed Forces are authorized average military training loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) Fiscal Year 1997.--For fiscal year 1997, the components of the
Armed Forces are authorized average military training loads as follows:
(1) The Army, 79,275.
(2) The Navy, 44,121.
(3) The Marine Corps, 27,255.
(4) The Air Force, 35,522.
(c) Scope.--The average military training student loads authorized
for an armed force under subsections (a) and (b) apply to the active
and reserve components of that armed force.
(d) Adjustments.--The average military student loads authorized in
subsections (a) and (b) shall be adjusted consistent with the end
strengths authorized in subtitles A and B. The Secretary of Defense
shall prescribe the manner in which such adjustments shall be
apportioned.
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.
(a) Enlisted Service Credit.--Section 972 of title 10, United
States Code, is amended to read as follows:
``Sec. 972. Enlisted members: required to make up time lost
``An enlisted member of an armed force who--
``(1) deserts;
``(2) is absent from his organization, station, or duty for
more than one day without proper authority, as determined by
competent authority;
``(3) is confined by military or civilian authorities for
more than one day before, during or after trial; or
``(4) is unable for more than one day, as determined by
competent authority, to perform his duties because of
intemperate use of drugs or alcoholic liquor, or because of
disease or injury resulting from his misconduct;
is required, after his return to full duty, to serve for a period that,
when added to the period that he served before his absence from duty,
amounts to the term for which he was enlisted or inducted.''.
(b) Officer Service Credit.--Chapter 49 of title 10, United States
Code, is amended by inserting after section 972 the following new
section:
``Sec. 972a. Officers: service credit
``(a) In the case of an officer of an armed force who--
``(1) deserts;
``(2) is absent from his organization, station, or duty for
more than one day without proper authority, as determined by
competent authority;
``(3) is confined by military or civilian authorities for
more than one day before, during or after trial; or
``(4) is unable for more than one day, as determined by
competent authority, to perform his duties because of
intemperate use of drugs or alcoholic liquor, or because of
disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or inability to
perform duties may not be counted in computing, for any purpose other
than basic pay under section 205 of title 37, the officer's length of
service.''.
(c) Army Computation of Years of Service.--Section 3926 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(e) Time identified in section 972a of this title may not be
counted in computing years of service under this section.''.
(d) Navy Computation of Years of Service.--Chapter 571 of title 10,
United States Code, is amended by inserting after section 6327 the
following new section:
``Sec. 6328. Computation of years of service: voluntary retirement
``(a) Enlisted Members.--Time required to be made up under section
972 of this title may not be counted in computing years of service
under this chapter.
``(b) Officers.--Time identified in section 972a of this title may
not be counted in computing years of service under this chapter.''.
(e) Air Force Computation of Years of Service.--Section 8926 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Time identified in section 972a of this title may not be
counted in computing years of service under this section.''.
(f) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 49 of
title 10, United States Code, is amended by inserting after the
item relating to section 972 the following new item:
``972a. Officers: service credit.''.
(2) The table of sections at the beginning of chapter 571
of title 10, United States Code, is amended by inserting after
the item relating to section 6327 the following new item:
``6328. Computation of years of service: voluntary retirement.''.
(g) Effective Date and Applicability.--The amendments made by this
section shall take effect on October 1, 1995, and shall apply to time
identified in sections 972 or 972a of title 10, United States Code,
that occurs after such effective date.
SEC. 502. CHANGES IN GENERAL OFFICER BILLET TITLES RESULTING FROM THE
REORGANIZATION OF HEADQUARTERS, MARINE CORPS.
(a) Headquarters, Marine Corps: Function; Composition.--Section
5041(b) of title 10, United States Code, is amended to read as follows:
``(b) The Headquarters, Marine Corps, is composed of the following:
``(1) The Commandant of the Marine Corps.
``(2) The Vice Commandant of the Marine Corps.
``(3) Director of the Marine Corps Staff.
``(4) Deputy Commandants of the Marine Corps.
``(5) Assistant Commandants of the Marine Corps.
``(6) Other members of the Navy and Marine Corps assigned
or detailed to the Headquarters, Marine Corps.
``(7) Civilian employees in the Department of the Navy
assigned or detailed to the Headquarters, Marine Corps.''.
(b) Vice Commandant of the Marine Corps.--Section 5044 is amended--
(1) by amending the heading to read as follows:
``Sec. 5044. Vice Commandant of the Marine Corps'';
and
(2) by striking out ``Assistant Commandant'' in each place
it appears and inserting in lieu thereof ``Vice Commandant'' in
each instance.
(c) Director of the Marine Corps Staff; Deputy and Assistant
Commandants of the Marine Corps.--Section 5045 of title 10, United
States Code, and its heading are amended to read as follows:
``Sec. 5045. Director of the Marine Corps Staff; Deputy and Assistant
Commandants of the Marine Corps
``There are in the Headquarters, Marine Corps, a Director of the
Marine Corps Staff, not more than five Deputy Commandants of the Marine
Corps, and not more than three Assistant Commandants of the Marine
Corps, detailed by the Secretary of the Navy from officers of the
active-duty list of the Marine Corps.''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 506 of title 10, United States Code, is amended by striking out
the items relating to sections 5044 and 5045 and inserting in lieu
thereof the following new items:
``5044. Vice Commandant of the Marine Corps.
``5045. Director of the Marine Corps Staff; Deputy and Assistant
Commandants of the Marine Corps.''.
SEC. 503. INCREASE IN THE TRANSITION PERIOD FOR OFFICERS SELECTED FOR
EARLY RETIREMENT.
(a) Selective Retirement of Warrant Officers.--Section 581 of title
10, United States Code, is amended--
(1) in subsection (b), by striking out ``seventh'' and
inserting in lieu thereof ``tenth''; and
(2) by adding at the end the following new subsection:
``(e) The Secretary concerned may defer the retirement of an
officer otherwise approved for early retirement under this section for
not more than 90 days in order to prevent a personal hardship for the
officer or for other humanitarian reasons.''.
(b) Selective Early Retirement of Active-Duty Officers.--Section
638(b) of title 10, United States Code, is amended--
(1) in paragraph (1)(A), by striking out ``seventh'' and
inserting in lieu thereof ``tenth''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary concerned may defer the retirement of
an officer otherwise approved for early retirement under this
section or section 638a of this title for not more than 90
days, in order to prevent a personal hardship for the officer
or for other humanitarian reasons.''.
(c) Personnel Strengths: Requirement for Annual Authorization.--
Section 115(d) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(8) Members selected for early retirement under section
581 or section 638 of this title whose retirement has been
deferred under section 581(e) or section 638(b)(3) of this
title.''.
SEC. 504. REVISION IN THE AUTHORIZED STRENGTH LIMITATIONS FOR AIR
FORCE COMMISSIONED OFFICERS ON ACTIVE DUTY IN THE GRADE
OF MAJOR.
(a) Revision in the Authorized Strength Limitations.--
Notwithstanding section 523(a)(1) of title 10, United States Code, and
except as provided in section 523(c) of title 10, United States Code,
of the total number of commissioned officers serving on active duty in
the Air Force at the end of any fiscal year up to and including fiscal
year 1997 (excluding officers in categories specified in section 523(b)
of title 10, United States Code), the number of officers who may be
serving on active duty in each of the grades of major, lieutenant
colonel and colonel may not, as of the end of such fiscal year, exceed
a number determined in accordance with the following table:
------------------------------------------------------------------------
Total number of commissioned Number of officers who may be serving
officers (excluding officers in on active duty in grade of:
categories specified in section --------------------------------------
523(b) of title 10, United States Lieutenant
Code) on active duty: Major Colonel Colonel
------------------------------------------------------------------------
Air Force:
70,000......................... 14,612 9,428 3,392
75,000......................... 15,407 9,801 3,573
80,000......................... 16,202 10,175 3,754
85,000......................... 16,997 10,549 3,935
90,000......................... 17,792 10,923 4,115
95,000......................... 18,587 11,297 4,296
100,000........................ 19,382 11,671 4,477
105,000........................ 20,177 12,045 4,658
110,000........................ 20,971 12,418 4,838
115,000........................ 21,766 12,792 5,019
120,000........................ 22,561 13,165 5,200
125,000........................ 23,356 13,539 5,381
------------------------------------------------------------------------
(b) Expiration of Authority.--The revision in the authorized
strength limitations under subsection (a) expires at the close of
September 30, 1997.
SEC. 505. REVISION IN THE AUTHORIZED STRENGTH LIMITATIONS FOR NAVY
COMMISSIONED OFFICERS ON ACTIVE DUTY IN GRADES OF
LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN.
(a) Revision in the Authorized Strength Limitations.--
Notwithstanding section 523(a)(2) of title 10, United States Code, and
except as provided in section 523(c) of title 10, United States Code,
of the total number of commissioned officers serving on active duty in
the Navy at the end of any fiscal year up to and including fiscal year
1997 (excluding officers in categories specified in section 523(b) of
title 10, United States Code), the number of officers who may be
serving on active duty in each of the grades of lieutenant commander,
commander, and captain may not, as of the end of such fiscal year,
exceed a number determined in accordance with the following table:
------------------------------------------------------------------------
Total number of commissioned Number of officers who may be serving
officers (excluding officers in on active duty in grade of:
categories specified in section --------------------------------------
523(b) of title 10, United States Lieutenant
Code) on active duty: Commander Commander Captain
------------------------------------------------------------------------
Navy:
45,000......................... 10,034 6,498 2,801
48,000......................... 10,475 6,706 2,902
51,000......................... 10,916 6,912 3,002
54,000......................... 11,357 7,120 3,103
57,000......................... 11,798 7,328 3,204
60,000......................... 12,239 7,535 3,305
63,000......................... 12,680 7,742 3,406
66,000......................... 13,121 7,949 3,506
70,000......................... 13,709 8,226 3,641
90,000......................... 16,649 9,608 4,313
------------------------------------------------------------------------
(b) Expiration of Authority.--The revision in the authorized
strength limitations under subsection (a) expires at the close of
September 30, 1997.
SEC. 506. AUTHORIZATION OF GENERAL OR FLAG OFFICER PROMOTION ZONES.
Section 645 of title 10, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The term `promotion zone' means a promotion
eligibility category consisting of the officers on an active-
duty list in the same grade and competitive category who--
``(A) are senior to the officer designated by the
Secretary of the military department concerned to be
the junior officer in the promotion zone eligible for
consideration for promotion to the next higher grade
together with the junior officer so designated; and
``(B) in the case of officers in grades below
colonel, for officers of the Army, Air Force, and
Marine Corps, or captain, for officers of the Navy,
neither--
``(i) have failed of selection for
promotion to the next higher grade; nor
``(ii) have been removed from a list of
officers recommended for promotion to that
grade (other than after having been placed on
that list after a selection from below the
promotion zone).''; and
(2) in paragraph (2), by inserting ``below the grade of
colonel for officers of the Army, Air Force, and Marine Corps,
or captain for officers of the Navy,'' after ``a group of
officers''.
Subtitle B--Reserve Component Matters
SEC. 511. REPEAL OF REQUIREMENT FOR PHYSICAL EXAMINATION ON CALLING
MILITIA INTO FEDERAL SERVICE.
(a) Repeal of Requirement.--Section 12408 of title 10, United
States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 is amended by striking out the item relating to section
12408.
SEC. 512. AUTHORITY TO PRESCRIBE THE DURATION OF FIELD TRAINING OR
PRACTICE CRUISE REQUIRED FOR ADMISSION TO THE RESERVE
OFFICERS' TRAINING CORPS ADVANCED COURSE.
Section 2104(b)(6)(A)(ii) of title 10, United States Code, is
amended by striking out ``not less than six weeks'' and inserting in
lieu thereof ``a''.
SEC. 513. CLARIFYING USE OF MILITARY MORALE, WELFARE, AND RECREATION
FACILITIES BY RETIRED RESERVISTS.
Section 1065(a) of title 10, United States Code, is amended by
striking out the last sentence and inserting in lieu thereof the
following new sentences: ``Such use by members of the Selected Reserve,
and the dependents of such members, shall be permitted on the same
basis as members on active duty. Such use by members who would be
eligible for retired pay under chapter 67 of this title but for the
fact that the members are under 60 years of age, and the dependents of
such members, shall be permitted on the same basis as retirees from
active duty military service.''.
SEC. 514. OBJECTIVE TO INCREASE PERCENTAGE OF PRIOR ACTIVE DUTY
PERSONNEL IN THE SELECTED RESERVE.
Section 1111(a) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 3077 note) is amended to read as follows:
``(a) Objective to Increase Percentage.--The Secretary of the Army
shall have an objective of increasing the percentage of qualified prior
active duty personnel in the Selected Reserve.''.
SEC. 515. WEAR OF MILITARY UNIFORM BY NATIONAL GUARD TECHNICIANS.
(a) Technicians: Employment, Use, Status.--Section 709(b) of title
32, United States Code, is amended to read as follows:
``(b) Except as prescribed by the Secretary concerned, a technician
employed under subsection (a) shall, while so employed, be a member of
the National Guard, hold the military grade specified by the Secretary
concerned for that position, and wear the military uniform appropriate
for the member's grade and component of the armed forces while
performing duties as a technician.''.
(b) Uniform Allowance: Officers; General Provisions.--Section 417
of title 37, United States Code, is amended by inserting at the end the
following new subsection:
``(d) Service as a National Guard technician by a person who is an
officer and is required to wear a military uniform pursuant to section
709(b) of title 32 shall be considered active duty (other than for
training) for purposes of sections 415 and 416 of this title. Section
1593 of title 10, United States Code, and section 5901 of title 5,
United States Code, shall not apply to a National Guard technician who
receives a uniform allowance under this Chapter.''.
(c) Clothing Allowance: Enlisted Members.--Section 418 of title 37,
United States Code, is amended by inserting at the end the following
new sentences: ``In determining the quantity and kind of clothing and
allowances to be furnished under this section to a member who is a
National Guard technician, the President shall take into account the
requirement that such person wear a military uniform pursuant to
section 709(b) of title 32. Section 1593 of title 10, United States
Code, and section 5901 of title 5, United States Code, shall not apply
to a National Guard technician furnished clothing or allowances under
this section.''.
SEC. 516. ACTIVE DUTY RETIREMENT SANCTUARY FOR RESERVISTS.
Section 1163(d) of title 10, United States Code, is amended--
(1) by designating the existing matter as paragraph (1);
and
(2) by adding at the end the following new paragraph:
``(2) The regulations prescribed under paragraph (1) may
except from the prohibition on involuntary release in that
paragraph members who serve on active duty (other than for
training) under section 672(d) of this title under orders
specifying a period of less than 180 days provided that the
member is informed of and consents to such exception prior to
entry on active duty.''.
Subtitle C--Amendments to the Uniform Code of Military Justice
SEC. 551. DEFINITIONS.
Section 801 (article 1) of title 10, United States Code, is amended
by inserting after paragraph (14) the following new paragraphs:
``(15) The term `classified information' means any
information or material that has been determined by the United
States Government pursuant to an Executive order, statute, or
regulation, to require protection against unauthorized
disclosure for reasons of national security, and any restricted
data, as defined in section 2014(y) of title 42, United States
Code.
``(16) The term `national security' means the national
defense and foreign relations of the United States.
``(17) The term `armed conflict' means operations in which
members of the United States armed forces are involved as
combatants in military actions, operations, or hostilities
against an enemy of the United States or against an organized
opposing foreign armed force regardless of whether or not a war
or national emergency has been declared by the President of the
United States or the Congress of the United States.''.
SEC. 552. JURISDICTION OVER CIVILIANS ACCOMPANYING THE FORCES IN THE
FIELD IN TIME OF ARMED CONFLICT.
Section 802(a)(10) (article 2(a)(10)) of title 10, United States
Code, is amended to read as follows:
``(10) In time of armed conflict, persons serving with or
accompanying an armed force in the field.''.
SEC. 553. INVESTIGATIONS.
Section 832 (article 32) of title 10, United States Code, is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) If during an investigation under this article, the evidence
indicates that the accused may have committed an uncharged offense or
offenses, the investigating officer is authorized to investigate the
subject matter of such offense or offenses before the accused has been
charged with such offense or offenses. If the accused was present at
such investigation, was informed of the nature of the uncharged offense
or offenses, and was afforded the opportunities for representation,
cross-examination, and presentation prescribed in subsection (b), no
further investigation of such offense or offenses is necessary under
this article.''.
SEC. 554. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) of title 10, United States Code, is
amended to read as follows:
``(b) Any person who commits an offense named in subsection (a)
shall be tried on indictment or information in a United States district
court or in a court of original criminal jurisdiction in any of the
Territories, Commonwealths, or possessions of the United States, and
jurisdiction is conferred upon those courts for that purpose. Upon
conviction, such person shall be punished by fine or imprisonment, or
both, at the court's discretion.''.
SEC. 555. RECORDS OF TRIAL.
Section 854(c)(1)(A) (article 54(c)(1)(A)) of title 10, United
States Code, is amended to read as follows:
``(A) in each general court-martial case in which
the sentence adjudged includes death, dismissal of a
commissioned officer, cadet, or midshipman,
dishonorable or bad-conduct discharge, or confinement
for one year or more; and''.
SEC. 556. EFFECTIVE DATE OF PUNISHMENTS.
Section 857(a) (article 57(a)) of title 10, United States Code, is
amended to read as follows:
``(a) Unless otherwise directed by the convening authority,
forfeitures of pay, allowances, or both, and reduction in grade shall
be effective on the date adjudged and, in the case of forfeiture, may
be collected from pay accruing on and after that date. Periods during
which a sentence to forfeiture of pay, allowances, or both, is
suspended or deferred, shall be excluded in computing the duration of
forfeiture.''.
SEC. 557. DEFERMENT OF CONFINEMENT.
(a) In General.--Subchapter VIII of chapter 47 of title 10, United
States Code, is amended by inserting after section 857 (article 57) the
following new section (article):
``Sec. 857a. Art. 57a. Deferment of confinement
``(a) On application by an accused who is under sentence to
confinement that has not been ordered executed, the convening authority
or, if the accused is no longer under his jurisdiction, the officer
exercising general court-martial jurisdiction over the command to which
the accused is currently assigned, may in his sole discretion defer
service of the sentence to confinement. The deferment shall terminate
when the sentence is ordered executed. The deferment may be rescinded
at any time by the officer who granted it or, if the accused is no
longer under his jurisdiction, by the officer exercising general court-
martial jurisdiction over the command to which the accused is assigned.
``(b) The Secretary concerned, and, when designated by him, any
Under Secretary, Assistant Secretary, Judge Advocate General, or any
commanding officer may, during the pendency of a review of the
accused's court-martial conducted pursuant to section 867(a)(2) of this
title (article 67(a)(2)), defer further service of a sentence to
confinement which has been ordered executed.
``(c) When an accused in the custody of a state or foreign country
is returned temporarily to military authorities for trial and later
returned to the sending state or country under the authority of a
mutual agreement or treaty, the convening authority may defer service
of the sentence to confinement without the consent of the accused. The
deferment will terminate when the accused is released permanently to
military authorities by the state or country in whose custody the
accused is being held.
``(d) The President shall prescribe such regulations as are
necessary to provide for granting, with or without conditions, and
rescinding deferments provided for under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter VIII of chapter 47 of title 10, United States Code, is
amended by inserting after the item relating to section 857 (article
57) the following new item:
``857a. 57a. Deferment of confinement.''.
(c) Conforming Amendment.--Section 857 (article 57) of title 10,
United States Code, is amended--
(1) by striking out subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 558. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY FOR
CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) of title 10, United States
Code, is amended to read as follows:
``(b)(1) The accused may submit to the convening authority written
matters for consideration by the convening authority with respect to
the findings and sentence. Except in a summary court-martial case, such
a submission shall be made within 10 days after the accused has been
given an authenticated record of trial and, if applicable, the
recommendation of the staff judge advocate or legal officer under
subsection (d). In a summary court-martial case, such submission shall
be made within seven days after the sentence is announced.''.
SEC. 559. PROCEEDINGS IN REVISION.
Section 860(e) (article 60(e)) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Notwithstanding any other provision in this section, a
proceeding in revision may be ordered, prior to authentication of the
record of trial by the military judge, to correct an erroneously
announced sentence.''.
SEC. 560. POST-TRIAL REVIEW OF COURTS-MARTIAL.
(a) Waiver of Withdrawal of Appeal.--Section 861(c) (article 61(c))
of title 10, United States Code, is amended to read as follows:
``(c) A waiver of the right to appellate review or the withdrawal
of an appeal bars review under section 866 or 869(a) of this title
(article 66 or 69(a)) or an application for relief under section 869(b)
of this title (article 69(b)).''.
(b) Review in the Office of the Judge Advocate General.--Section
869(b) (article 69(b)) of title 10, United States Code, is amended to
read as follows:
``(b) Unless the accused has waived or withdrawn the right to
appellate review under section 861 of this title (article 61), the
findings or sentence, or both, in a court-martial case not reviewed
under subsection (a) or under section 866 of this title (article 66)
may be modified or set aside, in whole or in part, by the Judge
Advocate General on the ground of newly discovered evidence, fraud on
the court, lack of jurisdiction over the accused or the offense, error
prejudicial to the substantial rights of the accused, or the
appropriateness of the sentence. The application must be filed in the
office of the Judge Advocate General by the accused on or before the
last day of the two-year period beginning on the date the sentence is
approved under section 860(c) of this title (article 60(c)), unless the
accused establishes good cause for failure to file within that time.''.
SEC. 561. APPEAL BY THE UNITED STATES.
Section 862(a)(1) (article 62(a)(1)) of title 10, United States
Code, is amended to read as follows:
``(a)(1) In a trial by court-martial in which a military judge
presides and in which a punitive discharge may be adjudged, the United
States may appeal an order or ruling of the military judge which
terminates the proceedings with respect to a charge or specification or
which excludes evidence that is substantial proof of a fact material in
the proceeding, or, an order or ruling which directs the disclosure of
classified information, imposes sanctions for nondisclosure of
classified information, or which refuses to issue a protective order
sought by the United States to prevent the disclosure of classified
information, or refuses to enforce such an order previously issued by
appropriate authority. The United States may not appeal an order or
ruling that is or that amounts to, a finding of not guilty with respect
to the charge or specification.''.
SEC. 562. FLIGHT FROM APPREHENSION.
(a) In General.--Section 895 (article 95) of title 10, United
States Code, is amended to read as follows:
``Sec. 895. Art. 95. Resistance, flight, breach of arrest, and escape
``Any person subject to this chapter who resists or flees from
apprehension or breaks arrest or who escapes from custody or
confinement shall be punished as a court-martial may direct.''.
(b) Clerical Amendment.--The item relating to section 895 (article
95) in the table of sections at the beginning of subchapter X of
chapter 47 of title 10, United States Code, is amended to read as
follows:
``895. 95. Resistance, flight, breach of arrest, and escape.''.
SEC. 563. CARNAL KNOWLEDGE.
(a) Gender Neutral.--Section 920(b) (article 120(b)) of title 10,
United States Code, is amended to read:
``(b) Any person subject to this chapter who, under circumstances
not amounting to rape, commits an act of sexual intercourse with a
person--
``(1) who is not his or her spouse; and
``(2) who has not attained the age of sixteen years;
is guilty of carnal knowledge and shall be punished as a court-martial
may direct.''.
(b) Mistake of Fact.--Section 920 (article 120) of title 10, United
States Code, is amended by adding at the end the following subsection:
``(d) In a prosecution under subsection (b) of this section, it is
a defense, that the accused must establish by a preponderance of the
evidence, that, at the time of the alleged offense--
``(1) the person with whom the accused committed the act of
sexual intercourse had attained the age of 12 years; and
``(2) the accused reasonably believed that the person with
whom the accused committed the act of sexual intercourse had
attained the age of 16 years.''.
SEC. 564. INSTRUCTION IN THE UNIFORM CODE OF MILITARY JUSTICE.
Section 937(a)(1) (article 137(a)(1)) of title 10, United States
Code, is amended to read as follows:
``(a)(1) The sections of this title (articles of the Uniform Code
of Military Justice) specified in paragraph (3) shall be carefully
explained to each enlisted member at the time of (or within fourteen
days after)--
``(A) the member's initial entrance on active duty; or
``(B) the member's initial entrance into a duty status with
a reserve component.''.
Subtitle D--Other Matters
SEC. 571. CHIEF WARRANT OFFICER PROMOTIONS.
(a) Reduction of Minimum Time in Grade Required for Chief Warrant
Officer To Be Considered for Promotion.--Section 574(e) of title 10,
United States Code, is amended by striking out ``three'' and inserting
in lieu thereof ``two'';
(b) Authorization of Below-Zone Selection for Promotion to Grade of
Chief Warrant Officer.--Section 575(b) of title 10 is amended by
inserting ``chief warrant officer, W-3,'' after ``to consider warrant
officers for selection for promotion to the grade of''.
SEC. 572. RETIREMENT OF DIRECTOR OF ADMISSIONS, UNITED STATES MILITARY
ACADEMY, FOR YEARS OF SERVICE.
(a) In General.--Section 3920 of title 10, United States Code, is
amended--
(1) by amending the heading to read as follows:
``Sec. 3920. More than thirty years: permanent professors and the
Director of Admissions of United States Military
Academy'';
and
(2) by inserting ``or the Director of Admissions'' after
``permanent professor''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 367 of title 10, United States Code, is amended by amending the
item relating to section 3920 to read as follows:
``3920. More than thirty years: permanent professors and the Director
of Admissions of United States Military
Academy.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1996 shall not be made.
(b) Increase in Basic Pay and BAS.--Effective on January 1, 1996,
the rates of basic pay and basic allowance for subsistence of members
of the uniformed services are increased by 2.4 percent.
(c) Increase in BAQ.--Effective on January 1, 1996, the rates of
basic allowance for quarters of members of the uniformed services are
increased by 3.4 percent.
SEC. 602. EVACUATION ALLOWANCES THAT PERMITS EQUAL TREATMENT OF
MILITARY DEPENDENTS TO CIVILIANS AND THEIR DEPENDENTS.
(a) Equal Treatment of Military Dependents to Civilians and Their
Dependents.--Section 405a(a) of title 37, United States Code, is
amended by striking out ``ordered'' each place it appears and inserting
in lieu thereof ``officially authorized or ordered''.
(b) Effective Date and Applicability.--The amendment made
subsection (a) shall take effect on October 1, 1995, and shall apply to
persons ordered or authorized to evacuate in accordance with section
405a, as revised by this Act, on or after such date.
SEC. 603. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREWMEMBERS OF
SHIPS DESIGNATED AS TENDERS.
Section 305a(d)(1)(A) of title 37, United States Code, is amended
by inserting ``, or while serving as a member of a tender-class ship
(with the hull classification of submarine or destroyer)'' after ``the
off-crew of a two-crewed submarine''.
SEC. 604. INCREASE IN THE SUBSISTENCE ALLOWANCE PAYABLE TO MEMBERS OF
SENIOR RESERVE OFFICER'S TRAINING CORPS.
(a) Increase.--Section 209(a) of title 37, United States Code, is
amended by striking out ``$150 a month'' in the first sentence and
inserting in lieu thereof ``$200 a month''.
(b) Application of Increase.--
(1) Except as provided in paragraph (2), the amendments
made by subsection (a) shall apply with respect to months
beginning after August 31, 1996.
(2) Upon the approval of the Secretary of Defense, the
Secretary of a military department may implement such
amendments at an earlier date with respect to members of the
Senior Reserve Officer's Training Corps under the jurisdiction
of the Secretary if funds are available for the monthly
subsistence allowances authorized by such amendments.
SEC. 605. DISLOCATION ALLOWANCE (DLA) FOR BASE REALIGNMENT AND CLOSURE
(BRAC) MOVES.
Section 407(a)(1) of title 37, United States Code, is amended by
inserting ``directed order to move as a result of a base realignment or
closure or'' before ``change of permanent station,''.
SEC. 606. FAMILY SEPARATION ALLOWANCE (FSA-II).
Section 427(b)(3) of title 37, United States Code, is amended by
inserting ``subparagraph (A) of'' after ``not entitled to an allowance
under''.
SEC. 607. AUTHORIZATION OF PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO
CERTAIN MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO SEA
DUTY.
(a) In General.--Section 403(c)(2) of title 37, United States Code,
is amended--
(1) in the first sentence, by striking out ``E-7'' and
inserting in lieu thereof ``E-6''; and
(2) in the second sentence, by striking out ``E-6'' and
inserting in lieu thereof ``E-5''.
(b) Effective Date.--The amendments made by this section shall take
effect as of July 1, 1996.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. AVIATION CAREER INCENTIVE PAY (ACIP) GATES.
Section 301a(a)(4) of title 37, United States Code, is amended by
striking out ``9'' in the first sentence and inserting in lieu thereof
``8''.
SEC. 612. EXPIRING AUTHORITIES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1998''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1998''.
(c) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1998''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof ``September 30,
1998''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of title 37,
United States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1998''.
(f) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1996'' and inserting in lieu thereof ``September 30, 1998''.
(g) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September
30, 1996'' and inserting in lieu thereof ``September 30, 1998''.
(h) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof ``September 30,
1998''.
(i) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1998''.
(j) Enlistment Bonus for Critical Skills.--Section 308a(c) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1998''.
(k) Bonus for Enlistment in the Army.--Section 308f(c) of title 37,
United States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1998''.
(l) Special Pay for Enlisted Members of the Selected Reserve
Assigned to Certain High Priority Units.--Section 308d(c) of title 37,
United States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1998''.
(m) Repayment of Education Loans for Certain Health Professionals
who Serve in the Selected Reserve.--Section 2172(d) of title 10, United
States Code, is amended by striking out ``October 1, 1996'', and
inserting in lieu thereof ``October 1, 1998''.
(n) Special Pay for Critically Short Wartime Health Specialists in
the Selected Reserves.--Section 613(d) of the National Defense
Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note) is amended by
striking out ``September 30, 1996'' and inserting in lieu thereof
``September 30, 1998''.
(o) Special Pay for Nuclear Qualified Officers extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 2000''.
(p) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 2000''.
(q) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking out ``October 1,
1996'' and inserting in lieu thereof ``October 1, 2000''.
(r) Grade Determination Authority for Certain Reserve Medical
Officers.-- Sections 3359(b) and 8359(b) of title 10, United States
Code, are each amended by striking out ``September 30, 1995'' and
inserting in lieu thereof ``September 30, 1996''.
(s) Promotion Authority for Certain Reserve Officers Serving on
Active Duty.--Sections 3380(d) and 8380(d) of title 10, United States
Code, are each amended by striking out ``September 30, 1995'' and
inserting in lieu thereof ``September 30, 1996''.
(t) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense Authorization
Act, 1984 (10 U.S.C. 3360) is amended by striking out ``September 30,
1995'' and inserting in lieu thereof ``September 30, 1996''.
(u) Make Permanent the Aviation Officer Retention Bonus.--Section
301b(a) of title 37, United States Code, is amended by striking out ``,
during the period beginning on January 1, 1989, and ending on September
30, 1996,''.
(v) Make Permanent the Authority for Temporary Promotions of
Certain Navy Lieutenants.--Section 5721 of title 10, United States
Code, is amended by striking out subsection (f).
(w) Make Permanent the Authority for Specialized Treatment Facility
Program.--Section 1105 of title 10, United States Code, is amended by
striking out subsection (h).
Subtitle C--Travel and Transportation Allowances
SEC. 621. AUTHORITY TO EXPEND APPROPRIATED FUNDS TO PAY CERTAIN ACTUAL
EXPENSES OF RESERVISTS.
Section 404(j) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking out the period at the end
of the paragraph and inserting in lieu thereof ``or, if
transient government quarters are unavailable, may provide
contract quarters as lodging in kind as if the member were
entitled to such allowances under subsection (a) of this
section.''; and
(2) in paragraph (3), by inserting ``or expenses for
contract quarters'' after ``service charge expenses''.
SEC. 622. FLEXIBILITY WHEN AUTHORIZING SHIPMENT OF A MOTOR VEHICLE
INCIDENT TO PERMANENT CHANGE OF STATION ORDERS.
(a) In General.--Section 2634(a)(4) of title 10, United States
Code, is amended--
(1) by striking out ``surface'';
(2) by inserting after ``by other transportation if''
``under regulations developed by the Secretary of Defense,'';
and
(3) by striking out ``does'' and inserting in lieu thereof
``is determined''.
(b) Effective Date and Applicability.--Section 2634(a)(4) of title
10, United States Code, as amended by this section, shall take effect
on October 1, 1995, and shall apply to vehicles placed for shipment on
or after such date.
SEC. 623. AUTHORIZATION OF RETURN TO UNITED STATES OF FORMERLY
DEPENDENT CHILDREN WHO ATTAIN AGE OVERSEAS.
(a) In General.--Section 406(h)(1) of title 37, United States Code,
is amended by striking out the last sentence and inserting in lieu
thereof the following new sentence: ``For the purposes of this section,
a member's unmarried child for whom the member received transportation
in kind to his station outside the United States or in Hawaii or
Alaska, reimbursement therefor, or a monetary allowance in place
thereof and who ceased to be a dependent, by reason of age, or
graduation from or cessation of enrollment in an institution of higher
education, while the member was serving at that station shall be
considered as a dependent of the member.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 1996.
Subtitle D--Retired Pay, Insurance, and Survivor Benefits
SEC. 631. RETIRED PAY FOR NON-REGULAR SERVICE.
Section 1331 of chapter 67 of title 10, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f) respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) No person who is convicted of an offense under the Uniform
Code of Military Justice (chapter 47 of title 10), and whose executed
sentence includes death, dishonorable discharge, bad conduct discharge,
or dismissal from the service, is eligible for retired pay under this
chapter.''.
SEC. 632. FISCAL YEAR 1996 COST-OF-LIVING ADJUSTMENT FOR MILITARY
RETIREES.
(a) In General.--Notwithstanding the provisions of section
1401a(b)(2)(B)(ii) of title 10, United States Code, or of section
8114A(b) of Department of Defense Appropriations Act, 1995 (Public Law
103-335; 108 Stat. 2648), or of any other provision of law, the fiscal
year 1996 increase in military retired pay first shall be payable as
part of such retired pay for the month of March 1996.
(b) Definitions.--For the purpose of this section, the following
definitions apply:
(1) The term ``fiscal year 1996 increase in military
retired pay'' means the increase in retired pay that, pursuant
to paragraph (1) of section 1401a(b) of title 10, United States
Code, becomes effective on December 1, 1995.
(2) The term ``retired pay'' includes retainer pay.
SEC. 633. IMPROVED DEATH AND DISABILITY BENEFITS FOR RESERVISTS.
(a) Medical and Dental Care: Members on Duty Other Than Active Duty
for a Period of More Than 30 Days.--Section 1074a(a) of title 10,
United States Code, is amended by inserting after paragraph (2) the
following new paragraph:
``(3) Each member of a uniformed service who incurs or
aggravates an injury, illness, or disease in the line of duty
while remaining overnight at or in the vicinity of a site
outside reasonable commuting distance from the member's
residence at which site the member has performed inactive duty
training between successive periods of such training.''.
(b) Recovery, Care, and Disposition of Remains: Decedents
Covered.--Section 1481(a)(2) of title 10, United States Code, is
amended--
(1) in subparagraph (C), by striking out ``or'' at the end
of the subparagraph;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) remaining overnight at or in the vicinity of
a site outside reasonable commuting distance from the
member's residence at which site the member has
performed inactive duty training between successive
periods of such training; or''.
(c) Entitlement to Basic Pay.--Section 204 of title 37, United
States Code is amended--
(1) in subsection (g)(1)--
(A) in subparagraph (B), by striking out ``or'' at
the end of the subparagraph;
(B) in subparagraph (C), by striking out the period
at the end of the subparagraph and inserting in lieu
thereof ``; or''; and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in line of duty while remaining overnight at
or in the vicinity of a site outside reasonable
commuting distance from the member's residence at which
site the member has performed inactive duty training
between successive periods of such training.''; and
(2) in subsection (h)(1)--
(A) in subparagraph (B), by striking out ``or'' at
the end of the subparagraph;
(B) in subparagraph (C), by striking out the period
at the end of the subparagraph and inserting in lieu
thereof ``; or''; and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in line of duty while remaining overnight at
or in the vicinity of a site outside reasonable
commuting distance from the member's residence at which
site the member has performed inactive duty training
between successive periods of such training.''.
(d) Reserves: Members of National Guard: Inactive-Duty Training.--
Section 206(a)(3) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking out ``or'' at the end
of clause (ii);
(2) in subparagraph (B), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``; or'';
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) in line of duty while remaining overnight at
or in the vicinity of a site outside reasonable
commuting distance from the member's residence at which
site the member has performed inactive duty training
between successive periods of such training.''.
Subtitle E--Separation Pay
SEC. 641. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE
ARMED FORCES SEPARATED FOR DEPENDENT ABUSE.
Section 1059(d) of title 10, United States Code, is amended by
striking out ``of a separation from active duty as'' in the first
sentence.
Subtitle F--Other Matters
SEC. 651. MILITARY CLOTHING SALES STORES, REPLACEMENT SALES.
(a) In General.--Chapter 651 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and
employees; prices
``(a) The branch, office or officer designated by the Secretary of
the Navy shall procure or sell, for cash or credit--
``(1) articles specified by the Secretary of the Navy or a
person designated by him, to members of the Navy and Marine
Corps; and
``(2) items of individual clothing and equipment to members
of the Navy and Marine Corps, under such restrictions as the
Secretary may prescribe.
An account of sales on credit shall be kept and the amount due reported
to any branch office, or officer designated by the Secretary. Except
for articles and items acquired through the use of working capital
funds under section 2208 of this title, sales of articles shall be at
cost, and sales of individual clothing and equipment shall be at
average current prices, including overhead, as determined by the
Secretary.
``(b) The branch, office, or officer designated by the Secretary
shall sell subsistence supplies to members of other armed forces at the
prices at which like property is sold to members of the Navy and Marine
Corps.
``(c) The branch, office or officer designated by the Secretary may
sell serviceable supplies, other than subsistence supplies, to members
of other armed forces at the prices at which like property is sold to
members of the Navy and Marine Corps.
``(d) A person who has been discharged honorably or under honorable
conditions from the Army, Navy, Air Force or Marine Corps and who is
receiving care and medical treatment from the Public Health Service or
the Department of Veterans Affairs may buy subsistence supplies and
other supplies, except articles of uniform, at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(e) Under such conditions as the Secretary may prescribe,
exterior articles of uniform may be sold to a person who has been
discharged from the Navy or Marine Corps honorably or under honorable
conditions at the prices at which like articles are sold to members of
the Navy or Marine Corps. This subsection does not modify sections 772
or 773 of this title.
``(f) Under regulations prescribed by the Secretary, payment for
subsistence supplies shall be made in cash or by commercial credit.
``(g) The Secretary may provide for the procurement and sale of
stores designated by him to such civilian officers and employees of the
United States, and such other persons as he considers proper--
``(1) at military installations outside the United States
(provided such sales conform with host nation support
agreements); and
``(2) at military installations inside the United States
where the Secretary determines that it is impracticable for
those civilian officers, employees, and persons to obtain such
stores from commercial enterprises without impairing the
efficient operation of military activities.
However, sales to such civilian officers and employees of the United
States inside the United States may be only to those who reside within
military installations.
``(h) Appropriations for subsistence of the Navy or Marine Corps
may be applied to the purchase of subsistence supplies for sale to
members of the Navy and Marine Corps on active duty for the use of
themselves and their families.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 651 of title 10, United States Code, is amended by adding at
the end the following new item:
``7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments
and employees; prices.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Management
SEC. 701. CODIFICATION AND STRENGTHENING OF CHAMPUS PHYSICIAN PAYMENT
REFORM PROGRAM.
Section 1079(h) of title 10, United States Code, is amended to read
as follows:
``(h)(1) Subject to paragraph (2), payment for a charge for
services by an individual health care professional (or other non
institutional health-care provider) for which a claim is submitted
under a plan contracted for under subsection (a) shall be limited to
the lesser of--
``(A) the amount equivalent to the 80th percentile of
billed charges, as determined by the Secretary of Defense, in
consultation with the other administering Secretaries, for
similar services in the same locality during a twelve month
base period, which base period may be adjusted as frequently as
the Secretary considers appropriate; or
``(B) the amount determined to the extent practicable in
accordance with the same reimbursement rules as apply to
payments for medical and other health services under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
``(2) The amount to be paid to an individual health-care
professional (or other non- institutional health-care provider) shall
be determined under regulations to be prescribed by the Secretary of
Defense in consultation with the other administering Secretaries
pursuant to paragraph (1). Such regulations--
``(A) may provide for such exceptions as the Secretary
determines necessary to assure that covered beneficiaries have
adequate access to health care services, including payment of
amounts greater than the allowable amounts when enrollees in
managed care programs obtain covered emergency services from
non-participating providers;
``(B) shall establish limitations (similar to those
established under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.)) on beneficiary liability for charges of
an individual health-care professional (or other non-
institutional health care provider); and
``(C) shall assure that in transitioning from the payment
methods previously in effect to any methodology authorized by
this subsection, in no case may the amount allowable for any
service be reduced by more than fifteen percent from the amount
allowed for the same service in the immediately preceding
twelve-month period (or other duration as established by the
Secretary of Defense).''.
SEC. 702. REPEAL OF CERTAIN LIMITATIONS ON REDUCTIONS OF MEDICAL
PERSONNEL.
(a) Limitation on Reductions in Medical Personnel.--Section 711 of
the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
115 note) is repealed.
(b) Minimum Number of Navy Health Professions Officers.--Section
718 of the National Defense Authorization Act for Fiscal Years 1992 and
1993 (10 U.S.C. 115 note) is amended by striking out subsection (b).
(c) Limitation on Reduction in Number of Reserve Component Medical
Personnel.--Section 518 of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 261 note) is repealed.
Subtitle B--Other Matters
SEC. 711. CLOSURE OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Repeal of Authority.--Chapter 104 of title 10, United States
Code, is hereby repealed.
(b) Phase-Out Process.--
(1) Notwithstanding any other provision of law, the
Secretary of Defense shall phase out the Uniformed 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 authorized to exercise all of the
authorities pertaining to the operation of the Uniformed
Services University of the Health Sciences that were granted to
the Secretary 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 Uniformed
Services University of the Health Sciences.
(3) No new class of students may be admitted to begin
studies in the Uniformed Services University of the Health
Sciences after September 30, 1995. No students may be awarded
degrees by such University after September 30, 1999, except
that the Secretary of Defense may grant exceptions on a case-
by-case basis for any students who by that date have completed
substantially all degree requirements.
(c) Authorities Unaffected.--
(1) Commissioned service obligations incurred by students
of the Uniformed Services University of the Health Sciences
shall be unaffected by enactment of the repeal of chapter 104
of title 10, United States Code, by subsection (a).
(2) Nothing in this Act shall be construed as limiting the
exercise by the Secretary of Defense of other authorities under
law pertaining to health sciences education, training and
professional development, graduate medical education, medical
and scientific research, and similar activities. To the extent
any such activities had been assigned by the Secretary of
Defense to the Uniformed Services University of the Health
Sciences, the Secretary of Defense's authority to assign such
activities to any other component or entity of the Department
of Defense shall be unaffected by the phase-out and closure of
the Uniformed Services University of the Health Sciences
pursuant to this Act.
(d) Conforming Amendments.--Section 178 of title 10, United States
Code, pertaining to the Henry M. Jackson Foundation for the Advancement
of Military Medicine, is amended--
(1) in subsection (b), by striking out ``Uniformed Services
University of the Health Sciences'' and inserting in lieu
thereof ``Department of Defense'';
(2) in subsection (c)(1)(B), by striking out ``the Dean of
the Uniformed Services University of the Health Sciences'' and
inserting in lieu thereof ``a person designated by the
Secretary of Defense''; and
(3) in subsection (g)(1), by striking out ``Uniformed
Services University of the Health Sciences'' and inserting in
lieu thereof ``Secretary of Defense''.
(e) Clerical Amendment.--The table of chapters at the beginning of
subtitle A and at the beginning of part III of such subtitle of title
10, United States Code, is amended by striking out the items relating
to chapter 104.
SEC. 712. REPEAL OF THE STATUTORY RESTRICTION ON USE OF FUNDS FOR
ABORTIONS.
(a) In General.--Section 1093 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55, United States Code, is amended by striking out the item
relating to section 1093.
(c) Effective Date.--The amendment made by this section shall be
effective October 1, 1995.
TITLE VIII--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Secretarial Matters
SEC. 801. ADDITIONAL ASSISTANT SECRETARY OF DEFENSE.
Section 138(a) of title 10, United States Code, is amended by
striking out ``eleven'' and inserting in lieu thereof ``twelve''.
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.
(a) In General.--Section 142 of title 10, United States Code, is
amended--
(1) by amending the heading to read as follows:
``Sec. 142. The Assistant to the Secretary of Defense for Nuclear and
Chemical Programs'';
(2) in subsection (a), by striking out ``Assistant to the
Secretary of Defense for Atomic Energy'' and inserting in lieu
thereof ``Assistant to the Secretary of Defense for Nuclear and
Chemical Programs''; and
(3) by amending subsection (b) to read as follows:
``(b) The Assistant to the Secretary shall perform such functions
as the Secretary of Defense may prescribe and shall advise the
Secretary of Defense on nuclear energy, nuclear weapons, and chemical
and biological defense program matters. The Assistant to the Secretary
also shall serve as the Staff Director of the Nuclear Weapons Council
established by section 179 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 4 of title 10, United States Code, is amended by amending the
item relating to section 142 to read as follows:
``142. The Assistant to the Secretary of Defense for Nuclear and
Chemical Programs.''.
(c) Conforming Amendment.--Section 179(c)(2) of title 10, United
States Code, is amended by striking out ``The Assistant to the
Secretary of Defense for Atomic Energy'' and inserting in lieu thereof
``The 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.
Section 2465 of title 10, United States Code, is repealed.
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.
Section 2805 of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking out ``$1,500,000''
and inserting in lieu thereof ``$1,700,000''; and
(2) in subsection (c)(1), by striking out ``$300,000'' and
inserting in lieu thereof ``$350,000''.
SEC. 813. ANNUAL REPORT ON NATIONAL GUARD AND RESERVE COMPONENT
EQUIPMENT.
(a) Submission Date of Report.--Section 115b(a) of title 10, United
States Code, is amended by striking out ``February 15'' and inserting
in lieu thereof ``March 1''.
(b) Definition of Equipment in the Report.--Section 115b(b) of
title 10, United States Code, is amended--
(1) in paragraphs (1) through (6), by striking out ``major
item of equipment'' each place it appears and inserting in lieu
thereof in each instance ``combat essential item of
equipment'';
(2) in paragraph (5)(E), by striking out ``major item of
equipment.'' and inserting in lieu thereof ``combat essential
item of equipment.''; and
(3) in paragraph (7), by striking out ``item of major
equipment'' and inserting in lieu thereof ``combat essential
item of equipment''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1995.
TITLE IX--GENERAL PROVISIONS
Subtitle A--Other Matters
SEC. 901. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PROGRAM.
Section 1091 of the National Defense Authorization Act for Fiscal
Year 1993 (32 U.S.C. 501 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Program Authority.--The Secretary of Defense, acting through
the Chief of the National Guard Bureau, may conduct a program to be
known as the ``National Guard Civilian Youth Opportunities Program.'';
(2) by amending subsection (b) to read as follows:
``(b) Purpose.--The purpose of the program is to improve the life
skills and employment potential of civilian youth who cease to attend
secondary school before graduation, through military-based training,
including supervised work experience in community service and
conservation projects, provided by the National Guard.'';
(3) by striking out ``pilot'' in each place it appears;
(4) by striking out ``conducted under the pilot program''
in each place it appears; and
(5) by striking out ``under the pilot program'' in the
first sentence of subsection (g)(1).
SEC. 902. ARMED FORCES HISTORICAL PRESERVATION PROGRAM.
Section 2572(b)(1) of title 10, United States Code is amended by
striking out ``and restoration services'' and inserting in lieu thereof
``restoration, conservation, and preservation services, and for
educational programs, supplies and new upgraded or renovated
conservation equipment, facilities and systems within existing
structures,''.
SEC. 903. AMENDMENTS TO EDUCATION LOAN REPAYMENT PROGRAMS.
(a) General Education Loan Repayment Program.--Section 2171(a)(1)
of title 10, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.); or''.
(b) Education Loan Repayment Program: Enlisted Members of Selected
Reserve With Critical Specialties.--Section 16301(a)(1) of title 10,
United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.); or''.
(c) Education Loan Repayment Program: Health Professions Officers
Serving in Selected Reserve With Wartime Critical Medical Skill
Shortages.--Section 16302(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5) respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
or''.
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