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99 STAT. 629

"§5442. Navy: line officers on active duty: rear admirals (lower half) and rear admirals". (B) The item relating to such section in the table of sections at the beginning of chapter 533 of such title is amended to read as follows: "5442. Navy: line officers on active duty; rear admirals (lower half) and rear admirals.".

(7)(A) The heading of section 5444 of such title is amended to read 10 USC 5444. as follows: "§ 5444. Navy: staff corps officers on active duty; rear admirals (lower half) and rear admirals". (B) The item relating to such section in the table of sections at the beginning of chapter 533 of such title is amended to read as follows: "5444. Navy: staff corps officers on active duty; rear admirals (lower half) and rear admirals.".

(8) The table in section 741(a) of such title is amended by striking 98 Stat. 2873. out "Commodore" and inserting in lieu thereof "Rear admiral 10 USC 741. (lower half)". (c) (CONFORMING AMENDMENTS TO TITLE 14.—(1) The following

sections of title 14, United States C!ode, are amended by striking out "commodore" each place it appears and inserting in lieu thereof "rear admiral (lower half)": 42(b), 256(a), 259(b), 271(d), 289(a), 290(a), 421(b), 724(b), 729(e), 736(b), 740(a), 742(b), and 743. (2)(A) The heading of section 290 of such title is amended to read 14 USC 290. as follows: "§ 290. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement". (B) The item relating to such section in the table of sections at the beginning of chapter 11 of such title is amended to read as follows: "290. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement.".

(3)(A) The heading of section 743 of such title is amended to read as follows:

14 USC 743.

"§ 743. Rear admiral and rear admiral (lower half); maximum service in grade". (B) The item relating to such section in the table of sections at the beginning of chapter 21 of such title is amended to read as follows: "743. Rear admiral and rear admiral (lower half); maximum service in grade.".

(d) C!oNFORMiNG AMENDMENTS TO TITLE 37.—(1) The table in section 201(a) of title 37, United States C!ode, is amended by striking out 98 Stat. 2872. "Commodore" in the third column and inserting in lieu thereof "Rear admiral (lower half)". (2)(A) Section 202 of such title is amended by striking out "com- 37 USC 202. modore" and inserting in lieu thereof "rear admiral (lower half)". (B) The heading of such section is amended to read as follows: "§202. Pay grades: retired Coast Guard rear admirals (lower half)". (C) The item relating to such section in the table of sections at the beginning of chapter 3 of such title is amended to read as follows: "202. Pay grades: retired Coast Guard rear admirals (lower half).".

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 99 STAT. 630

PUBLIC LAW 99-145—NOV. 8, 1985

10 USC 611 note.

(e) TRANSITION PROVISION.—(1) An officer who on the day before the date of the enactment of this Act is serving in or has the grade of commodore shall as of the date of the enactment of this Act be serving in or have the grade of rear admiral (lower half). (2) An officer who on the day before the date of the enactment of this Act is on a list of officers selected for promotion to the grade of commodore shall as of the date of the enactment of this Act be considered to be on a list of officers selected for promotion to the grade of rear admiral (lower half).

10 USC 525 note.

SEC. 515. TEMPORARY INCREASE IN THE NUMBER OF GENERAL AND FLAG OFFICERS AUTHORIZED TO BE ON ACTIVE DUTY IN THREEAND FOUR-STAR GRADES

During fiscal year 1986, the numbers of officers authorized under section 525(b) of title 10, United States Code, to be on active duty in grades above major general and rear admiral are increased as follows: (1) ARMY UEUTENANT GENERALS.—The number of officers of the Army authorized to be serving on active duty in grades above major general is increased by one during any period of that fiscal year that an officer of the Army is serving as the Director of the Department of Defense Task Force on Drug Enforcement. An additional officer in a grade above major general by reason of this paragraph may not be in the grade of general. (2) AIR FORCE GENERALS.—The number of officers of the Air

Force authorized to be serving on active duty in the grade of general is increased by one. (3) NAVY VICE ADMIRALS.—The number of officers of the Navy authorized to be serving on active duty in a grade above rear admiral is increased by three. None of the additional officers in grades above rear admiral by reason of this paragraph may be in the grade of admiral. (4) MARINE CORPS GENERAL OFFICERS.—The number of officers of the Marine Corps authorized to be serving on active duty in grades above major general is increased by one, plus an additional one during any period of that fiscal year that an officer of the Marine (Dorps is serving as the (Dommander-in-Chief of the United States (Dentral (Command. An additional officer in a grade above major general by reason of this paragraph may not be in the grade of general, unless a Marine Corps officer is serving as the ommander-in-Chief of the United States Central (Dommand, in which case one of the additional officers authorized by this paragraph may serve in the grade of general. SEC. 516. GRADE OF RETIRED REGULAR MEMBERS RECALLED TO ACTIVE DUTY

Section 688 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(d)(1) Except as provided in paragraph (2), a retired member ordered to active duty under this section shall be ordered to active duty in his retired grade. "(2) A retired member ordered to active duty under this section whose retired grade is above the grade of major general or rear \ admiral shall be ordered to active duty in the highest permanent \ grade held by such member while serving on active duty.".

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. (331

PART C—RESERVE MILITARY PERSONNEL SEC. 521. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT PROGRAMS (a) GRADE DETERMINATION FOR RESERVE MEDICAL OFFICERS.—

Sections 3359(b) and 8359(b) of title 10, United States Code, are amended by striking out "September 30, 1985" and inserting in lieu thereof "September 30, 1987'^ (b) PROMOTION OF CERTAIN RESERVE OFFICERS SERVING ON ACTIVE

DUTY.—Sections 3380(d) and 8380(d) of such title are amended by 10 USC 3380, striking out "September 30, 1985" and inserting in lieu thereof 8380. "September 30, 1987" (c) YEARS OF SERVICE FOR MANDATORY TRANSFER TO THE RETIRED 10 USC 3360 RESERVE.—Section 1016(d) of the Department of Defense Authoriza- **°^tion Act, 1984 (Public Law 98-94; 97 Stat. 668), is amended by striking out "September 30, 1985" and inserting in lieu thereof "September 30, 1987" SEC. 522. RETENTION UNTIL AGE 60 OF RESERVE CIVILIAN TECHNICIANS

(a) ARMY.—(1) Section 3848(c) of title 10, United States Code, relating to reserve component officers of the Army who may be removed from an active status after completing 28 years of service, is amended to read as follows: "(c) Notwithstanding subsections (a) and (b), the Secretary of the Army may authorize the retention in an active status until age 60 of an officer who would otherwise be removed from an active status under this section who— "(1) is an officer of the Army National Guard of the United States assigned to a headquarters or headquarters detachment of a State or territory, the Commonwealth of Puerto Rico, the Canal Zone, or the District of Columbia; or "(2) is employed— "(A) as a technician under section 709 of title 32 in a position for which membership in the National Guard is required as a condition of employment; or "(B) as a technician of the Army Reserve in a position for which membership in the Army Reserve is required as a condition of employment.". (2) Section 3851(c) of such title, relating to reserve component officers of the Army who may be removed from an active status after completing 30 years of service, is amended to read as follows: "(c) Notwithstanding subsections (a) and (b), the Secretary of the Army may authorize the retention in an active status until age 60 of an officer who would otherwise be removed from an active status under this section who— "(1) is an officer of the Army National Guard of the United States assigned to a headquarters or headquarters detachment of a State or territory, the Commonwealth of Puerto Rico, the Canal Zone, or the District of Columbia; or "(2) is employed— "(A) as a technician under section 709 of title 32 in a position for which membership in the National Guard is required as a condition of employment; or "(B) as a technician of the Army Reserve in a position for which membership in the Army Reserve is required as a condition of employment."

32 USC 709.

98 Stat. 2522. 1^ USC 3851.

32 USC 709.

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 99 STAT. 632

32 USC 709.

10 USC 8851.

32 USC 709.

PUBLIC LAW 99-145—NOV. 8, 1985 (b) AIR FORCE.—(1) Section 8848(c) of title 10, United States Code, relating to reserve component officers of the Air Force who may be removed from an active status after completing 28 years of service, is amended to read as follows: "(c) Notwithstanding subsections (a) and (b), the Secretary of the Air Force may authorize the retention in an active status until age 60 of an officer who would otherwise be removed from an active status under this section who— "(1) is employed as a technician under section 709 of title 32 in a position for which membership in the National Guard is required as a condition of employment; or "(2) is employed as a technician of the Air Force Reserve in a position for which membership in the Air Force Reserve is required as a condition of employment.". (2) Section 8851(c) of such title, relating to reserve component officers of the Air Force Reserve who may be removed from an active status after completing 30 years of service, is amended to read as follows: "(c) Notwithstanding subsections (a) and (b), the Secretary of the Air Force may authorize the retention in an active status until age 60 of an officer who would otherwise be removed from an active status under this section who— "(1) is employed as a technician under section 709 of title 32 in a position for which membership in the National Guard is required as a condition of employment; or "(2) is employed as a technician of the Air Force Reserve in a position for which membership in the Air Force Reserve is required as a condition of employment.". SEC. 523. AUTHORITY TO RETAIN IN ACTIVE STATUS UNTIL AGE 62 UP TO 10 ARMY RESERVE MAJOR GENERALS

Section 3852 of title 10, United States Code, relating to mandatory retirement or discharge of reserve major generals, is amended— (1) by inserting "(a)" at the beginning of the text of the section; and (2) by adding at the end thereof the following new subsection: "(b) Notwithstanding subsection (a), an officer in the reserve grade of major general who would otherwise be removed from an active status under this section may, in the discretion of the Secretary of the Army, be retained in an active status, but not later than the date on which he becomes 62 years of age. Not more than 10 officers may be retained under this subsection at any one time.". SEC. 524. REQUIREMENT OF MUSTER TEST OF ARMY INDIVIDUAL READY RESERVE (a) REQUIREMENT OF MUSTER TEST.—The Secretary of Defense

shall conduct a test of the ability of the Army to muster members of the Individual Ready Reserve of the Army in time of war or national emergency. The test— (1) shall be national in scope; and (2) shall be conducted through voluntary calls to active duty. (b) REPORT.—Not later than February 1, 1986, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the muster test. The report shall include the findings of the Secretary concerning— (1) the availability and fitness for duty of members of the Army Individual Ready Reserve; and

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 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 633

(2) the adequacy of current call-up procedures. PART D—MISCELLANEOUS SEC. 53L APPOINTMENTS OF WARRANT OFFICERS

(a) REGULAR WARRANT OFFICERS.—Section 555(b) of title 10, United States Code, is amended to read as follows: "(b) Permanent appointments of regular warrant officers, W-1, shall be made by warrant by the Secretary concerned. Permanent appointments of regular chief warrant officers shall be made by commission by the President.". (b) RESERVE WARRANT OFFICERS.—Section 597(b) of such title is amended to read as follows: "(b) Appointments made in the permanent reserve grade of warrant officer, W-1, shall be made by warrant by the Secretary concerned. Appointments made in a permanent reserve grade of chief warrant officer shall be made by commission by the Secretary concerned.". (c) TRANSITION.—(1) The amendments made by subsections (a) and (b) apply to any appointment of a warrant officer or chief warrant officer on or after the effective date of this section. (2) An officer who on the effective date of this section is serving in a chief warrant officer grade under an appointment by warrant may be appointed in that grade by commission under section 555(b) or 597(b) of title 10, United States Code, as appropriate. The date of rank of an officer who receives an appointment under this paragraph is the date of rank for the officer's appointment by warrant to that grade. (d) EFFECTIVE DATE.—This section takes effect six months after the date of the enactment of this Act.

lo use 597.

lo use 555 note,

10 USC 555 note.

SEC. 532. PRISONER-OF-WAR MEDAL

(a) AUTHORITY TO ISSUE PRISONER-OF-WAR MEDAL.—(1) Chapter 57 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 1128. Prisoner-of-war medal: issue "(a) The Secretary concerned shall issue a prisoner-of-war medal to any person who, while serving in any capacity with the armed forces, was taken prisoner and held captive— "(1) while engaged in an action against an enemy of the United States; "(2) while engaged in military operations involving conflict with an opposing foreign force; or "(3) while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. "(b) The prisoner-of-war medal shall be of appropriate design, with ribbons and appurtenances. "(c) In prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary concerned shall accord the prisoner-of-war medal a position of precedence, in relation to other awards and decorations authorized to be displayed— "(1) immediately following decorations awarded for individual heroism, meritorious achievement, or meritorious service, and

10 USC 1128.

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 99 STAT. 634

PUBLIC LAW 99-145—NOV. 8, 1985 "(2) before any other service medal, campaign medal, or service ribbon authorized to be displayed. "(d) Not more than one prisoner-of-war medal may be issued to a person. However, for each succeeding service that would otherwise justify the issuance of such a medal, the Secretary concerned may issue a suitable device to be worn as the Secretary determines. "(e) For a person to be eligible for issuance of a prisoner-of-war medal, the person's conduct must have been honorable for the period of captivity which serves as the basis for the issuance. "(f) If a person dies before the issuance of a prisoner-of-war medal to which he is entitled, the medal may be issued to the person's representative, as designated by the Secretary concerned. "(g) Under regulations to be prescribed by the Secretary concerned, a prisoner-of-war medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge. "(h) The Secretary of Defense shall ensure that regulations prescribed by the Secretaries of the military departments under this section are uniform so far as practicable.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:

10 USC 1128 ",ote. Ante, p. 633.

"1128. Prisoner-of-war medal: issue.". (b) EFFECTIVE DATE.—Section 1128 of title 10, United States Code,

as added by subsection (a), applies with respect to any person taken prisoner and held captive after April 5, 1917. SEC. 533. CLARIFICATION OF PRECEDENCE OF THE AWARD OF THE PURPLE HEART

98 Stat. 2532.

Section 1127 of title 10, United States Code, is amended by striking out "the lowest position accorded any award or decoration for valor" and inserting in lieu thereof "the bronze star". SEC. 534. ESPIONAGE UNDER THE UCMJ (a) NEW PUNITIVE ARTICLE.—Chapter 47 of title 10, United States

Code (the Uniform Code of Military Justice), is amended by inserting after section 906 (article 106) the following new section (article): Penalties.

"§ 906a. Art. 106a. Espionage "(a)(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, anything described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct. "(2) An entity referred to in paragraph (1) is— "(A) a foreign government;

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 PUBLIC LAW 9 9 - 1 4 5 - N O V. 8, 1985

99 STAT. 635

"(B) a faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or "(C) a representative, officer, agent, employee, subject, or citizen of such a government, faction, party, or force. "(3) A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense. "(b)(1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless— "(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and "(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out in subsection (c). "(2) Findings under this subsection may be based on— "(A) evidence introduced on the issue of guilt or innocence; "(B) evidence introduced during the sentencing proceeding; or "(C) all such evidence. "(3) The accused shall be given broad latitude to present matters in extenuation and mitigation. "(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: "(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute. "(2) In the commission of the offense, the accused knowingly Defense and created a grave risk of substantial damage to the national national security. ^^""''^y"(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person. "(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (article 36).". lo use 836. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter X of such chapter is amended by inserting after the item relating to section 906 (article 106) the following new item: "906a. Art. 106a. Espionage."

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS PART A—BASIC PAY AND ALLOWANCES SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1986

37 USC 1009

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment required by section 1009 of title 37, United States Code, in elements of the compensation of members of the uniformed services to become effective during fiscal year 1986 shall not be made. (b) THREE PERCENT PAY RAISE.—The rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of mem-

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 99 STAT. 636

PUBLIC LAW 99-145—NOV. 8, 1985 bers of the uniformed services are increased by 3 percent effective on October 1, 1985. SEC. 602. ADJUSTMENTS IN VARIABLE HOUSING ALLOWANCE PROGRAM (a) VHA FOR CERTAIN MEMBERS PAYING CHILD SUPPORT.—Subsec-

98 Stat. 2534.

98 Stat. 2536. 37 USC 405.

tion (a) of section 403a of title 37, United States Code, is amended by adding at the end thereof the following new paragraph: "(4) In the case of a member with dependents— "(A) who is assigned to duty inside the United States; "(B) who is authorized to receive the basic allowance for quarters at the rate established for a member with dependents solely by reason of the payment of child support by the member; and "(C) who is not assigned to a housing facility under the jurisdiction of a uniformed service, the member may be paid a variable housing allowance at the rate applicable to a member without dependents serving in the same grade and at the same location.". (b) LIMITATIONS ON VHA.—Subsection (b) of such section is amended— (1) by striking out "is not entitled to" in the matter preceding paragraph (1) and inserting in lieu thereof "may not be paid"; and (2) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) in the case of a member with dependents who is authorized the basic allowance for quarters at the rate established for a member with dependents solely by reason of the payment of child support by the member, if— "(A) the member is assigned to a housing facility under the jurisdiction of a uniformed service; or "(B) the member (i) is assigned to duty outside the United States or in Alaska or Hawaii, and (ii) is authorized a Station housing allowance under section 405 of this title; or". (c) CLARIFICATION OF AUTHORITY TO PAY VHA AT WITH-DEPEND-

ENTS RATE; ELIMINATION OF EXCESS HOUSING COST PAYMENTS.—(1) Subsection (c) of such section is amended by inserting "and with the same dependency status" in paragraph (1) after "in the same pay grade" both places it appears and in paragraph (4) after "in the same pay grade" both places it appears. (2) Such subsection is further amended by adding at the end thereof the following new paragraph: "(6)(A) The monthly variable housing allowance that would otherwise be paid to a member under this section shall be reduced by an amount equal to one-half of the amount (if any) by which— "(i) the total monthly housing allowance prescribed for members of the same grade as such member who are assigned to duty in the same area as such member (or in the same area in which the dependents of the member reside, as appropriate), exceeds "(ii) the monthly housing costs of the member in the area in which the member is assigned to duty (or in the area in which the dependents of the member reside, as appropriate). "(B) In subparagraph (A), 'total monthly housing allowance' means, in the case of any member, the sum of—

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 PUBLIC LAW 99-145—NOV. 8, 1985 "(i) the monthly basic allowance for quarters to which the member is entitled; and "(ii) the monthly variable housing allowance prescribed for the same grade as such member for the area in which the member is assigned to duty (or in the area in which the dependents of the member reside, as appropriate).". (d) REQUIRED REGULATIONS.—Subsection (e) of such section is amended by— (1) inserting "(1)" before "The President"; and (2) adding at the end thereof the following new paragraph: "(2) Any regpulations prescribed under paragraph (1) may not allow— "(A) an increase in the variable housing allowance rate for a pay grade in a survey area solely to prevent the variable housing allowance rate for a lower pay grade in the survey area from exceeding such rate; or "(B) a failure to lower the variable housing allowance rate for a pay grade in a survey area in accordance with a decrease in housing costs for such pay grade in such area reported on the variable housing allowance survey. "(3) Paragraph (2) shall not apply to regulations prescribed with respect to any pay grade in a survey area for which available data describe fewer than 50 persons in the pay grade.". (e) SAVINGS PROVISION.^—A member described in paragraph (4) of section 403a(a) of title 37, United States Oxie, as added by subsection (a), who on September 30, 1985, is receiving variable housing allowance at the rate applicable to a member with dependents shall continue to be entitled to variable housing allowance at the appropriate rate applicable to a member with dependents until the member departs his duty station as a result of a permanent change of station. (f) EFFECTIVE DATE.—(1) The amendments made by subsections (a), (b), and (d) shall take effect on October 1, 1985. (2) The amendments made by subsection (c)(1) shall apply as if included in the enactment of section 403a of title 37, United States Code, by section 602(d) of the Department of Defense Authorization Act, 1985 (Public Law 98-525). (3) The amendment made by subsection (c)(2) shall take effect on the first day of the first month beginning 90 days or more after the date of the enactment of this Act.

99 STAT. 637

37 USC 403a.

37 USC 403a note. '^"^^' P ^^"

37 USC 403a note. 98 Stat. 2534.

SEC. 603. PAYMENT OF VARIABLE HOUSING ALLOWANCE IN ALASKA AND HAWAII (a) REPEAL OF AUTHORITY FOR PAYMENT OF STATION HOUSING ALLOWANCE IN ALASKA AND HAWAII DURING FISCAL YEAR 1985.—

Section 8108 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473 (98 Stat. 1943)), is repealed. 0>) CONFORBdING AND TECHNICAL AMENDMENTS TO V H A T R A N S I -

TION PROVISION.—Paragraph (2) of section 602(f) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2537), is amended to read as follows: "(2)(A) A member shall be entitled to receive a station housing allowance under section 405 of title 37, United States Code, as if the amendments made by subsection (e) had not been enacted, if the member, on the date of the enactment of the Department of Defense Authorization Act, 1986—

37 USC 403a

note.

98 Stat. 2536. Ante, p. 583.

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 99 STAT. 638

98 Stat. 2536. 37 USC 405.

98 Stat. 2534.

PUBLIC LAW 99-145—NOV. 8, 1985 "(i) is assigned to a permanent duty station in Alaska or Hawaii; and "(ii) is entitled to payment of a temporary lodging allowance or a station housing allowance under section 405 of such title. "(B) A member who is entitled to a station housing allowance by reason of subparagraph (A) shall only be entitled to such allowance until the earlier of— "(i) the date on which the member departs that station as a result of a permanent change of duty station; or "(ii) the expiration of the four-year period beginning on the date of the enactment of the Department of Defense Authorization Act, 1986. "(C) Any member who is entitled to a station housing allowance by reason of subparagraph (A) shall not be entitled to a variable housing allowance under paragraph (1) or (2) of section 403a of such title (as added by subsection (d)).".

37 USC 403a. SEC. 604. AUTHORITY TO PAY BAQ AND VHA IN ADVANCE (a) BASIC ALLOWANCE FOR QUARTERS.—Section 403(a) of title 37,

98 Stat. 2534.

United States Code, is amended by adding at the end thereof the following new sentence: "The allowance authorized by this section may be paid in advance.". (b) VARIABLE HOUSING ALLOWANCE.—Section 403a(a)(l) of such title is amended by adding at the end thereof the following new sentence: "The allowance authorized by this section may be paid in advance.". 37 USC 403 note. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1985. SEC. 605. ELIGIBILITY FOR BASIC ALLOWANCE FOR QUARTERS (a)

MEMBERS WITHOUT DEPENDENTS ASSIGNED TO FIELD DUTY

OR SEA DUTY.—Section 403(c) of title 37, United States Code, is amended— (1) by striking out "is not entitled to a basic allowance for quarters while he is on field duty" in paragraph (1) and inserting in lieu thereof "who makes a permanent change of station for assignment to a unit conducting field operations is not entitled to a basic allowance for quarters while on that initial field duty"; (2) by striking out "and who is on sea duty" in the second sentence of paragraph (2) and all that follows and inserting in lieu thereof "who is assigned to sea duty under a permanent change of station is not entitled to a basic allowance for quarters if the unit to which the member is ordered is deployed and the permanent station of the unit is different than the permanent station from which the member is reporting."; and (3) by striking out paragraph (3). 37 USC 403 note. (b) EFFECTIVE DATES.—(1) The amendments made by paragraphs (1) and (2) of subsection (a) shall take effect on October 1, 1985. (2) The amendment made by paragraph (3) of subsection (a) shall take effect on January 1, 1986. SEC. 606. REIMBURSEMENT FOR ACCOMMODATIONS IN PLACE OF QUARTERS (a) LIMITATION ON AMOUNT AVAILABLE FOR REIMBURSEMENT FOR

98 Stat. 2537.

FiscAL YEAR 1986.—Section 7572(b)(3) of title 10, United States Code, is amended—

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 PUBLIC LAW 99-145—NOV. 8, 1985 (1) by striking out "and" after "fiscal year 1984,"; and (2) by inserting ", and $1,421,000 for fiscal year 1986" after "fiscal year 1985". (b) EXTENSION OF AUTHORITY.—Section 3 of Public Law 96-357 (10 U.S.C. 7572 note) is amended by striking out "September 30, 1985" and inserting in lieu thereof "September 30, 1986".

99 STAT. 639

98 Stat. 2537.

SEC. 607. INCREASE IN FAMILY SEPARATION ALLOWANCE

(a) MONTHLY ALLOWANCE.—Section 427(b) of title 37, United States Code, is amended by striking out "$30" and inserting in lieu thereof "$60". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 1985, and shall apply only to family separation allowances payable for months beginning on or after that date.

37 USC 427 note,

PART B—TRAVEL AND TRANSPORTATION SEC. 611. INCREASE IN DISLOCATION ALLOWANCE

(a) AMOUNT PAYABLE.—Section 407 of title 37, United States Code, is amended by striking out "one month" and inserting in lieu thereof "two months". (b) EFFECTIVE DATE.—The amendment made by this section shall apply to moves begun after September 30, 1985.

37 USC 407 note,

SEC. 612. REVISION OF TRAVEL AND TRANSPORTATION ALLOWANCES

(a) IN GENERAL.—Subsection (d) of section 404 of title 37, United States Code, is amended— (1) by striking out the first sentence and inserting in lieu thereof the following: "(1) The travel and transportation allowances authorized for each kind of travel may not be more than one of the following: "(A) Transportation in kind, reimbursement therefor, or, under regulations prescribed by the Secretaries concerned, when travel by privately-owned conveyance is authorized or approved as more advantageous to the Government, a monetary allowance in place of the cost of transportation, at the rates provided in section 5704 of title 5, based on distances established over the shortest usually traveled route, under mileage tables prepared under the direction of the Secretary of the Army. "(B) Transportation in kind, reimbursement therefor, or a monetary allowance as provided in subparagraph (A) of this paragraph, plus a per diem in place of subsistence in an amount not more than $50 determined by the Secretaries concerned to be sufficient to meet normal and necessary expenses in the area to which travel is to be performed. "(C) A mileage allowance at a rate per mile prescribed by the Secretaries concerned and based on distances established under clause (1) of this subsection."; and (2) by designating the second sentence as paragraph (2) and by striking out "clause (2)" in such sentence and inserting in lieu thereof "paragraph dXB)". (b)

TRANSPORTATION

ALLOWANCE

FOR

DEPENDENTS.—Section

406(a)(l) of such title is amended by striking out "for his dependents" and all that follows through "to be prescribed" and inserting in lieu thereof ", reimbursement therefor, or a monetary allowance in place of the cost of transportation, plus a per diem, for the

37 USC 406.

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Page:Bobbsey Twins at the Seashore.djvu/164

152 "The tide comes down pretty soon, and then our boat will go back to shore."

Freddie had heard so much about the tide he felt he understood it perfectly. Of course, there was no tide on the lake, although the waters ran lazily toward the ocean at times.

"But we are not getting near my boat," Freddie complained, for indeed the toy sailboat was drifting just opposite their way.

"Well, I can't help it, I'm sure," cried Flossie. "And I just wish I could get back. I'm going to call somebody."

"Nobody can hear you," said her brother. "They are all down by the ocean, and there's so much noise there you can't even hear thunder."

Where the deep woods joined the lake there was a little island. This was just around the turn, and entirely out of view of either the Minturn or the Bingham boat landing. Toward this little island the children's boat was now drifting.

"Oh, we'll be real Robinson Crusoes!" exclaimed Freddie, delighted at the prospect of such an adventure.


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/662

 99 STAT. 640

PUBLIC LAW 99-145—NOV. 8, 1985

member's dependents at rates prescribed by the Secretaries concerned". 37 USC 404 note. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to travel performed after September 30, 1985. SEC. 613. TEMPORARY LODGING EXPENSES (a) ENTITLEMENT.—Section 404a(a) of title 37, United States Code, is amended— (1) in the first sentence, by striking out "may" and inserting in lieu thereof "shall"; (2) in the second sentence, by striking out "may" the first place it appears and inserting in lieu thereof "are to"; and (3) in the third sentence, by striking out "may" the first place it appears and inserting in lieu thereof "are to". 37 USC 404a (h) EFFECTIVE DATE.—The amendments made by subsection (a) note. shall take effect on October 1, 1985. SEC. 614. A L L O W A N C E S FOR TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS (a)

AUTHORITY

TO

PAY

FOR

CERTAIN

LABOR

PROVIDED BY

MEMBER.—Section 406(k) of title 37, United States Code, is amended— (1) by inserting "(1)" after "(k)"; (2) in the first sentence, by inserting "or in which a member provides all or a part of the labor in connection with the transportation of the baggage and household effects of the member (including packing, crating, and loading)" after "rental vehicle"; and (3) by adding at the end thereof the following new paragraph: "(2) The Secretary concerned may prescribe in any regulations authorizing the payment of a monetary allowance to a member who participates in a program in which the member provides all or a part of the labor in connection with the transportation of the baggage and household effects of the member— "(A) the extent to which payment to the member will be made for such labor, and "(B) the manner in which liability will be allocated among the member, the United States, and the common carriers involved in the event of loss of or damage to any baggage or household effects packed, crated, or loaded by the member.". 37 USC 406 note. Q}) TERMINATION OF AUTHORITY.—The amendments made by subsection (a) shall expire on September 30, 1989. 37 USC 406 note.

(c) PROHIBITION ON RETROACTIVE PAYMENTS.—No a l l o w a n c e may

be paid to any member of a uniformed service by virtue of the amendments made by subsection (a) in connection with the transportation of the baggage and household effects provided the member before the date of the enactment of this Act. 37 USC 406 note. (d) REPORT REQUIREMENT.—The Secretary of Defense shall submit a report to the Congress not later than September 30, 1988, regarding the operation of any program carried out by the military departments under which payment of a monetary allowance is made to a member who provides all or a part of the labor in connection with the transportation of the baggage and household effects of the member and shall include in such report such recommendations for legislative action the Secretary considers appropriate.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/663

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 641

SEC. 615. TRAVEL ALLOWANCE FOR TRAVEL PERFORMED IN CONNECTION WITH CERTAIN LEAVE

(a) IN GENERAL.—Section 411b(a)(l) of title 37, United States Code, is amended— (1) by striking out "if he is a member without dependents,"; (2) by striking out ", if either" and all that follows and inserting in lieu thereof a period; and (3) by adding at the end thereof the following new sentence: "Such allowances may be paid for the member and for the dependents of the member who are authorized to, and do, accompany him at his duty stations.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to orders to change a permanent station that are effective after September 30, 1985.

37 USC 4llb note.

SEC. 616. TRAVEL DURING SHIP OVERHAUL

(a) IN GENERAL.—Section 406b of title 37, United States Code, is amended— (1) by inserting "(a)" before "Under"; (2) by striking out ", ninety-first, and one hundred and fiftyfirst calendar day" and inserting in lieu thereof "calendar day, and every sixtieth calendar day after the thirty-first calendar day"; and (3) by adding at the end thereof the following new subsections: "(b) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance in place of the cost of transportation as provided in section 404(d)(l) of this title may be provided, in lieu of the member's entitlement to transportation, for the member's dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. The total reimbursement for transportation for the member's dependents may not exceed the cost of Government-procured commercial roundtrip travel. "(c) A member of the uniformed services on permanent duty aboard a ship which undergoes a change of home port to the overhaul or inactivation port and the member's dependents may be provided the transportation allowances prescribed in subsections (a) and (b) of this section in lieu of the transportation authorized by section 406 of this title and section 2634 of title 10. "(d) Section 420 of this title does not apply with respect to transportation or allowances provided under this section.". (b) EFFECTIVE DATE.—The travel allowances authorized by the amendments made by this section are payable only for travel that commences after September 30, 1985, but may be paid for members assigned to vessels being overhauled or inactivated away from home port on the date of the enactment of this Act. (c) CLERICAL AMENDMENTS.—(1) The heading for such section is amended by striking out the last four words. (2) The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended by striking out the last four words. SEC. 617. DEFINITION OF RESIDENCE OF A STUDENT DEPENDENT

(a) IN GENERAL.—Section 406 of title 37, United States Code, is amended by adding at the end thereof the following new subsection: "(1) For the purposes of this section, the residence of a dependent of a member who is a student not living with the member while at

37 USC 404.

37 USC 406. 10 USC 2634. ^ " 37 USC 406b '^ote.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/664

 99 STAT. 642

PUBLIC LAW 99-145—NOV. 8, 1985

school shall be considered to be the permanent duty station of the member or the designated residence of dependents of the member if the member's dependents are not authorized to reside with the member.". 37 USC 406 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to orders to change a permanent station that are effective after September 30, 1985. SEC. 618. EXTENSION OF TEST PROGRAM FOR FLAT RATE PER DIEM SYSTEM (a) AUTHORITY FOR TEST PROGRAM.—The Secretary concerned may

carry out a program to test a flat rate per diem system for travel allowances for travel performed by members of the Armed Forces while on temporary duty. (b) AMOUNT OF FLAT RATE.—Per diem allowances paid under such a test program shall be in an amount determined by the Secretary concerned to be sufficient to meet normal and necessary expenses in the area in which travel is performed, but may not exceed $75 for each day a member is in travel status within the continental United States. (c) REGULATIONS.—The test program under this section shall be carried out under regulations prescribed by the Secretary concerned. (d) DEFINITION OF SECRETARY CONCERNED.—For the purposes of this section, the term "Secretary concerned" means— (1) the Secretary of each military department with respect to matters concerning the respective military departments; and (2) the Secretary of Defense with respect to matters concerning the defense agencies. (e) DURATION OF PROGRAM.—The test program under this section shall be carried out during the period beginning on October 1, 1985, and ending on September 30, 1986. SEC. 619. TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL WITHIN THE ADMINISTRATIVE LIMITS OF A MEMBERS DUTY STATION (a) AUTHORITY TO PAY PARKING FEES.—The second sentence of section 408 of title 37, United States Code, is amended by inserting "plus parking fees" after "fixed rate a mile". 37 USC 408 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to parking fees incurred after September 30, 1985. SEC. 620. TRANSPORTATION ALLOWANCES FOR SURVIVORS OF DECEASED MEMBER TO ATTEND BURIAL CEREMONIES OF DECEASED MEMBER (a) AUTHORITY TO PROVIDE ROUND-TRIP TRAVEL ALLOWANCE.—(1)

Chapter 7 of title 37, United States Code, is amended by inserting after section 41 le the following new section: 37 USC 4llf.

"§411f. Travel and transportation allowances: transportation for survivors of deceased member to attend the member's burial ceremonies "(a) Under uniform regulations prescribed by the Secretaries concerned, round trip travel and transportation allowances may be provided the dependents of a member who dies while on active duty

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Page:United States Statutes at Large Volume 99 Part 1.djvu/665

 PUBLIC LAW 99-145—NOV. 8, 1985 for a period of 30 days or more in order to attend the burial ceremonies of the deceased member. "(b)(1) Except as provided in paragraph (2), allowances under this section are limited to travel and transportation to a location in the United States, Puerto Rico, and the possessions of the United States and may not exceed the rates for 2 days. "(2) If a deceased member was ordered or called to active duty from a place outside the United States, Puerto Rico, or the possessions of the United States, the allowances authorized under this section may be provided to and from such place and may be extended to accommodate the time necessary for such travel. "(c) In this section, the term 'dependents' includes the dependents specified in paragraphs (1) and (2) of section 401 of this title. However, if no person qualifies under such paragraphs, the parents of a member (including stepparent or parent by adoption, or any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least 5 years before the member became 21 years of age) may be paid the travel and transportation allowances authorized under this section.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 41 le the following new item:

99 STAT. 643

37 USC 401.

"41 If. Travel and transportation allowances: transportation for survivors of deceased member to attend the member's burial ceremonies.".

(b) EFFECTIVE DATE.—The travel and transportation allowance authorized by the amendments made by this section is payable only for travel that commences after September 30, 1985.

37 USC 41 if note,

PART C—BONUSES AND SPECIAL AND INCENTIVE PAYS

Subpart 1—Active Forces SEC. 631. LUMP-SUM PAYMEN*rS OF SELECTIVE RENLISTMENT BONUSES (a) SPECIFICATION OF MINIMUM TO B E PAID IN ADVANCE.—Para-

graph (1) of section 308(b) of title 37, United States Code, is amended to read as follows: "(1) Not less than 75 percent of the amount of a bonus under this section shall be paid in a lump sum at the beginning of the period for which the bonus is paid, with any remaining amount paid in equal annual installments.'. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to bonuses paid for reenlistments or extensions of enlistment effective after September 30, 1986. SEC. 632. SPECIAL PAY FOR NUCLEAR OFFICERS

(a) CONTINUATION PAY.—(1) Subsection (a) of section 312 of title 37, United States Code, is amended— (A) by inserting "and" at the end of clause (2); (B) by striking out clause (3); (C) by redesignating clause (4) as clause (3) and striking out "for one period of four years" in such clause and inserting in lieu thereof "for a period of three, four, or five years, so long as the new period of obligated active service does not extend beyond the end of 26 years of commissioned service,"; and ^ (D) in the matter following such clause—

98 Stat. 2540.

37 USC 308 note.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/666

 99 STAT. 644

37 USC 312b.

PUBLIC LAW 99-145—NOV. 8, 1985 (i) by striking out "$7,000" and inserting in lieu thereof "$12,000"; (ii) by striking out "semiannually" and "six-month period" in the second sentence and inserting in lieu thereof "annually" and "12-month period", respectively; and (iii) by striking out "shall become fixed" and all that follows through the end of subsection (a) and inserting in lieu thereof "shall be paid in equal annual installments over the length of the contract, commencing at the expiration of any existing period of obligated active service. The Secretary (or his designee) may accept an active service agreement under this section not more than one year in advance of the end of an officer's existing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, with the number of installments being equal to the number of years covered by the contract plus one.". (2) Subsection (b) of such section is repealed. (3) Subsection (c) of such section is redesignated as subsection (h) and is amended by striking out "of four years". (4) Subsection (d) of such section is redesignated as subsection (c) and is amended— (A) by striking out "four years' " in the second sentence; and (B) by striking out "at the end of the four-year period" in that sentence. (5) Such section is further amended by inserting after subsection (c) (as so redesignated) the following new subsection (d): "(d)(1) An officer who is performing obligated service under an agreement under subsection (a) of this section may, if the amount that may be paid under such subsection is higher than at the time the officer executed such agreement, execute a new agreement under that subsection. The period of such an agreement shall be a period equal to or exceeding the original period of the officer's existing agreement, so long as the period of obligated active service under the new agreement does not extend beyond the end of 26 years of commissioned service. If a new agreement is executed under this subsection, the existing active-service agreement shall be cancelled, effective on the day before an anniversary date of that agreement after the date on which the amount that may be paid under this section is increased. "(2) This subsection shall be carried out under regulations prescribed by the Secretary of the Navy.". (6) Subsection (e) of such section is amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1990". (b) NUCLEAR-CAREER ACCESSION BONUS.—(1) Subsection (a)(1) of section 312b of such title is amended— (A) by striking out "of $3,000" and inserting in lieu thereof "not to exceed $8,000"; and (B) by adding at the end thereof the following new sentence: "Upon acceptance of the agreement by the Secretary, the amounts payable upon selection for training and upon completion of training, respectively, as determined under subsection (b) of this section, shall become fixed.". (2) Subsection (b) of such section is amended to read as follows:

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text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/667

 PUBLIC LAW 99-145—NOV. 8, 1985 "(b) The Secretary of the Navy shall determine annually the total amount of the bonus to be paid under this section and of that amount the portions that are to be paid— "(1) upon selection for officer naval nuclear power training; and "(2) upon successful completion, as a commissioned officer, of training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.". (3) Subsection (d) of such section is amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1990". (c) ANNUAL INCENTIVE BONUS.—(1) Subsection (a) of section 312c of such title is amended as follows: (A) The first sentence is designated as paragraph (1) and amended— (i) by redesignating clauses (1) through (5) as clauses (A) through (E), respectively; (ii) by striking out ", but has completed less than twentysix years of commissioned service" in clause (C) (as so designated); and (iii) by striking out "$6,000" and "October 1, 1987" and inserting in lieu thereof "$10,000" and "October 1, 1990", respectively. (B) The second sentence is designated as paragraph (2) and is amended by inserting "technically" before "qualified". (C) The third sentence is designated as paragraph (3) and is amended by striking out "nuclear service year" the second place it appears and all that follows in that sentence and inserting in lieu thereof "nuclear service year on which he— "(A) was not on active duty; "(B) was not technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; "(C) was performing obligated service as the result of an active-service agreement executed under section 312 of this title; or "(D) was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet that required the officer— "(i) be technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and "(ii) be qualified for the performance of operational flying duties.". (D) The fourth sentence is repealed. (2) Subsection (b) of such section is amended as follows: (A) The first sentence is designated as paragraph (1) and amended— (i) by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; and (ii) by striking out "$3,500" and "October 1, 1987" and inserting in lieu thereof "$4,500" and "October 1, 1990", respectively. (B) The second sentence is designated as paragraph (2) and is amended by inserting "technically" before qualified". (C) The third sentence is designated as paragraph (3) and is amended by striking out "nuclear service year" and all that

99 STAT. 645

37 USC 3l2c.

Ante, p. 643. 37 USC 30la.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/668

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 646

follows in that sentence and inserting in lieu thereof "nuclear service year on which he— "(A) was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; "(B) was performing obligated service as the result of an active-service agreement executed under section 312 of this Ante, p. 643. title; or "(C) was entitled to receive aviation career incentive pay in 37 USC 301a. accordance with section 301a while serving in a billet other than a billet— "(i) involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; and "(ii) that required the officer be qualified for the performance of operational flying duties.". (3) Subsection (e) of such section is amended by striking out "October 1, 1987" and inserting in lieu thereof "October 1, 1990". 37 USC 312 note. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1985. SEC. 633. INCENTIVE PAY FOR SUBMARINE DUTY

(a) INCREASE IN RATES OF INCENTIVE PAY FOR OFFICERS.—The table pertaining to commissioned officers in section 301c(b) of title 37, United States Code, is amended to read as follows: "COMMISSIONED OFFICERS Years of service computed under section 20') "Pay grade

O-IO. 0-9.. 0-8... 0-7.. 0-6.., 0-5.. 0-4.. 0-3.. 0-2.. O-l..

2 or less $265 265 265 265 440 440 270 265 175 130

Over 2 $265 265 265 265 440 440 270 265 175 130

Over 3 $265 265 265 265 440 440 270 265 175 130

Over 4 $265 265 265 265 440 440 300 290 175 130

Over fi Overs $265 265 265 265 440 440 440 440 175 130

$265 265 265 265 440 440 440 440 175 130

Over 10 $265 265 265 265 440 440 440 440 265 265

Years of service computed under section 20") 'Pay grade

O-IO 0-9 0-8 0-7 0-6 0-5 0-4 0-3 0-2 O-l

37 USC 301c note.

Over 12 $265 265 265 265 440 440 440 440 265 265

Over 14 $265 265 265 265 440 440 440 440 265 265

Over IB $265 265 265 400 440 440 440 440 265 265

Over

18 $265 265 265 395 440 440 440 440 265 265

Over 20

$265 265 265 395 440 440 440 440 265 265

Over 22 $265 265 265 305 440 440 440 440 265 265

Over 2<i

$265 265 265 265 440 440 440 440 265 265'

(b) EFFECTIVE DATE.—The amendment made by this section shall take effect on October 1, 1985.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/669

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 647

SEC. 634. CAREER SEA PAY (a) INCREASE IN RATES FOR OFFICERS.—The tables pertaining to warrant officers and commissioned officers in section 305a(b) of title 37, United States C!ode, are amended to appear as follows:

98 Stat. 2541.

"WARRANT OFFICERS Years of sea duty fay gra e

^ ^^

Over

less

W-1 W-2 W-3 W-4

$130 150 150 150

Over 1

Over 2

$135 150 150 150

$140 150 150 150

"Pay grade

Over 9

Over 10

W-1 W-2 W-3 W-4

$275 275 300 310

$280 280 310 320

Over

Over

3

4

$150 150 150 150

$170 170 170 170

Over 5

$175 260 270 290

Over

6

7

$200 265 280 310

$250 265 285 310

Over 8

$270 270 290 310

Years of sea duty 'Over 11

Over 12

Over 14

Over 16

Over 18

$300 310 330 350

$300 330 350 370

$300 350 370 390

$300 $300 370 390 390 410 410 410

$290 290 310 330

Over 20

"COMMISSIONED OFFICERS Years of sea duty "Pay grade

O-l 0-2 0-3 0-4 0-5 0-6

Overs $150 150 150 185 225 225

Over 4

Over 5

Over 6

Over 7

Over 8

$160 160 160 190 225 230

$185 185 185 200 225 230

$190 190 190 205 225 240

$195 195 195 215 230 255

$205 205 205 215 245 265

Over 9

$215 215 215 220 250 280

Years of sea duty "Pay grade

0-1 0-2 0-3 0-4 0-5 0-6

Over 10

$225 225 225 225 260 290

Over 11

$225 225 225 225 265 300

Over 12

$240 240 240 240 265 310

Over 14

$250 250 260 270 285 325

Over 16

$260 260 270 280 300 340

Over 18

$270 270 280 290 315 355

Over 20

$280 280 290 300 340 380"

(b) EFFECTIVE DATE.—The amendment made by this section shall take effect on October 1, 1985.

37 USC 305a note.

SEC. 635. INCENTIVE PAY FOR HAZARDOUS DUTY (a) HAZARDOUS DUTY INCENTIVE PAY FOR OFFICERS AND FOR CERTAIN ADDITIONAL DUTIES.—(1) Subsection (a) of section 301 of title 37,

United States Code, is amended— (A) in clause (1), by striking out "an enlisted crew member" and inserting in lieu thereof "a crew member"; and

98 Stat. 2542.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/670

 99 STAT. 648

PUBLIC LAW 99-145—NOV. 8, 1985 (B) by striking out clause (10) and inserting in lieu thereof the following: "(10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions); or". (2) Subsection (b) of such section is amended to read as follows: "(b) For the performance of hazardous duty described in clause (1) of subsection (a) of this section, a member is entitled to monthly incentive pay as follows: "Pay Grade O-IO 0-9 0-8 0-7 0-6 0-5 0-4 0-3 0-2 0-1 W-4 W-3 W-2 W-1 E-9 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

Monthly Rate $110 110 110 110 250 250 225 175 150 125 250 175 150 125 200 200 200 175 150 125 110 110 110".

(3) Paragraph (1) of subsection (c) of such section is amended to read as follows: "(1) For the performance of hazardous duty described in clauses (2) through (10) of subsection (a) of this section, a member is entitled to $110 a month. However, a member performing hazardous duty described in clause (3) of that subsection who also performs as an essential part of such duty parachute jumping at a high altitude with a low opening is entitled to $165 a month.". 37 USC 301 note. (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1985. SEC. 636. EXTENSION OF AVIATION OFFICER CONTINUATION PAY Effective on October 1, 1985, section 301b of title 37, United States 98 Stat. 2540, Code, is amended by striking out "September 30, 1985" in subsec2541. tions (e)(2), (e)(3), and (f) and inserting in lieu thereof "September 30, 1987". SEC. 637. CHANGE IN DEFINITION OF ENGINEERING AND SCIENTIFIC DUTY (a) DEFINITION.—(1) Subsection (a) of section 315 of title 37, United States Code, is amended to read as follows: "(a) In this section, 'engineering or scientific duty' means service performed by an officer— "(1) that requires an engineering or science degree; and "(2) that requires a skill designated (under regulations prescribed by the Secretary of Defense for the armed forces, by the

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Page:United States Statutes at Large Volume 99 Part 1.djvu/671

 PUBLIC LAW 99-145—NOV. 8, 1985 Secretary of Commerce for the National Oceanic and Atmospheric Administration, or by the Secretary of Health and Human Services for the Public Health Service) as critical and as a skill in which there is a critical shortage of officers in the uniformed service concerned.". (2) The matter preceding clause (1) of section 315(b) of such title is amended to read as follows: "(b) Under regulations prescribed by the Secretary concerned, an officer of a uniformed service who—". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on October 1, 1985.

99 STAT. 649

37 USC 315.

37 USC 315 note,

SEC. 638. INCENTIVE PAY FOR DUTY SUBJECT TO HOSTILE FIRE (a) INCREASE IN INCENTIVE PAY FOR DUTY SUBJECT TO HOSTILE

FIRE.—The first sentence of section 310 of title 37, United States Code, is amended by striking out "at the rate of $65 a month" and inserting in lieu thereof "at the lowest rate for hazardous duty incentive pay specified in section 301(c)(1) of this title". (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on October 1, 1985. SEC. 6.39. REVISION OF SPECIAL PAY FOR DENTAL OFFICERS

(a) IN GENERAL.—Section 302b of title 37, United States Code, is amended to read as follows: "§ 302b. Special pay: dental officers of the armed forces "(a)(1) An officer who— "(A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and "(B) is on active duty under a call or order to active duty for a period of not less than one year, is entitled to special pay in accordance with this subsection. "(2) An officer described in paragraph (1) of this subsection who is serving in a pay grade below pay grade 0-7 is entitled to variable special pay at the following rates: "(A) $1,200 per year, if the officer is undergoing dental internship training or has less than three years of creditable service. "(B) $2,000 per year, if the officer has at least three but less than six years of creditable service and is not undergoing dental internship training. "(C) $4,000 per year, if the officer has at least six but less than 10 years of creditable service. "(D) $6,000 per year, if the officer has at least 10 but less than 14 years of creditable service. "(E) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service. "(F) $3,000 per year, if the officer has 18 or more years of creditable service. "(3) An officer described in paragraph (1) of this subsection who is serving in a pay grade above pay grade 0-6 is entitled to variable special pay at the rate of $1,000 per year. "(4) Subject to subsection (b) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection is entitled to additional special pay for any 12-month period during which the officer is not undergoing dental internship or residency training. Such additional special pay shall be paid at the following rates:

98 Stat. 2542. 37 USC 310 note,

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Rh "I don't want to be no Robinson Crusoe!" pouted his sister. "I just want to get back home," and she began to cry.

"We're going to bunk," announced Freddie, as at that minute the boat did really bump into the little island. "Come, Flossie, let us get ashore," said the brother, in that superior way that had come to him in their distress.

Flossie willingly obeyed.

"Be careful!" she cautioned. "Don't step out till I get hold of your hand. It is awfully easy to slip getting out of a boat."

Fortunately for the little ones they had been taught to be careful when around boats, so that they were able to take care of themselves pretty well, even in their present danger.

Once on land, Flossie's fears left her, and she immediately set about picking the pretty little water flowers, that grew plentifully among the ferns and flag lilies.

"I'm going to build a hut," said Freddie, putting pieces of dry sticks up against a willow tree. Soon the children became so interested they did not notice their boat drift away, and really leave them all alone on the island!


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/672

 99 STAT. 650

Regulations. 37 USC 303a.

Regulations.

PUBLIC LAW 99-145—NOV. 8, 1985 "(A) $6,000 per year, if the officer has at least three but less than 14 years of creditable service. "(B) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (C) $10,000 per year, if the officer has 18 or more years of creditable service. "(5) An officer who is entitled to variable special pay under paragraph (2) or (3) of this subsection and who is board certified is entitled to additional special pay at the following rates: "(A) $2,000 per year, if the officer has less than 12 years of creditable service. "(B) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service. (C) $4,000 per year, if the officer has 14 or more years of creditable service. "(b)(1) An officer may not be paid additional special pay under subsection (aK4) of this section for any 12-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. (2) Under regulations prescribed by the Secretary of Defense Under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer's entitlement to the special pay authorized by subsection (a)(4) of this section. If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period on active duty that the officer served, and the officer may be required to refund any amount in excess of that entitlement. "(c) Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining— "(1) whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4) of this section; and "(2) whether an officer is board certified for purposes of subsection (a)(5) of this section. "(d) Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) of this section shall be paid monthly. Special pay payable to an officer under subsection (a)(4) of this section shall be paid annually at the beginning of the 12-month period for which the officer is entitled to such payment. "(e) An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) of this section shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made. "(f) A discharge in bankruptcy under title 11 shall not release a person from an obligation to reimburse the United States required under the terms of an agreement described in subsection (b) of this section if the final decree of the discharge in bankruptcy was issued within a period of five years after the last day of a period which such person had agreed to serve on active duty. This subsection applies to a discharge in bankruptcy in any proceeding which begins after September 30, 1985. "(g) For purposes of this section, creditable service of an officer is computed by adding—

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Page:United States Statutes at Large Volume 99 Part 1.djvu/673

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 651

"(1) all periods which the officer spent in dental internship or residency training during which the officer was not on active duty; and "(2) all periods of active service in the Dental Corps of the Army or Navy, as an officer of the Air Force designated as a dental officer, or as a dental officer of the Public Health Service.". (b) REPEAL OF CONTINUATION PAY FOR DENTISTS.—Section 311 of

such title is repealed. (c) AUTHORITY FOR CERTAIN DENTAL OFFICERS TO EXECUTE NEW AGREEMENTS.—(1) Subject to paragraphs (2) and (3), a dental officer who on October 1, 1985, is performing obligated service under an agreement under section 311 of title 37, United States Code, that— (A) was executed after June 29, 1985; and (B) is affected by the limitation in section 8091 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473), may execute a new agreement under section 302b of such title (as amended by subsection (a)). (2) A dental officer may not execute a new agreement under paragraph (1) unless the amount that may be paid such officer under an agreement under section 302b of title 37, United States Code (as amended by subsection (a)), is greater than the amount to be paid the officer under the existing agreement of the officer under section 311 of such title. (3) In executing a written agreement under paragraph (1), the officer shall agree to remain on active duty for an additional length of time equal to or exceeding the length of time originally required by the existing agreement, beginning on the date the officer accepts the award of special pay under the new agreement. (4) If a new agreement is executed under this subsection, the existing agreement of the officer shall be canceled. (5) For the purposes of this section, the term "dental officer" has the meaning given that term in section 101 of title 10, United States Code. (d) SAVE PAY.—(1) An officer described in paragraph (2) who, after September 30, 1985, is entitled to special pay under section 302b of title 37, United States Code (as amended by subsection (a)), shall be entitled to such pay in an annual amount that is not less than the total annual amount of dental continuation pay under section 311 of title 37, United States Code, and special pay for dental officers under section 302b of that title to which that officer was entitled on September 30, 1985. (2) Paragraph (1) applies to an officer who on September 30, 1985, is entitled to dental continuation pay under section 311 of title 37, United States Code; or to special pay for dental officers under section 302b of that title. (e) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 5 of such title is amended— (1) by striking out the item relating to section 302b and inserting in lieu thereof the following:

37 USC 311. 37 USC 302b ^°Supra. 98 Stat. 1940. Ante, p. 649.

Supra.

37 USC 302b note.

"302b. Special pay: dental officers of the armed forces."; and

(2) by striking out the item relating to section 311. (f) EFFECTIVE DATE.—The amendments made by this section take effect on October 1, 1985.

51-194

O

-

88 -

22

 * QL. 3

37 USC 302b note.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/674

 99 STAT. 652

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 640. SPECIAL PAY FOR MEDICAL OFFICERS

Section 302 of title 37, United States Code, is amended— (1) by striking out "is not" in subsection (h)(l)(B) and inserting in lieu thereof "who is"; and (2) by adding at the end thereof the following new subsection: "(i) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under paragraph (1) of this subsection. This paragraph applies to any case commenced under title 11 after September 30, 1985." SEC. 64L SPECIAL PAY FOR QUALIFIED ENLISTED MEMBERS EXTENDING DUTY AT CERTAIN LOCATIONS OVERSEAS

(a) INCREASE IN RATE OF MONTHLY SPECIAL PAY.—Section 314(a) of title 37, United States Code, is amended by striking out "$50" and inserting in lieu thereof "$80" 37 USC 314 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 1985. Subpart 2—Reserve Forces SEC. 642. SELECTED RESERVE ENLISTMENT BONUS

Section 308c of title 37, United States Code, is amended by striking out "September 30, 1985" in subsection (f) and inserting in lieu thereof "September 30, 1987" SEC. 643. SELECTED RESERVE RENLISTMENT BONUS

37 USC 308b note.

(a) INCREASE IN RATES; TWO-YEAR EXTENSION.—Section 308b of title 37, United States Code, is amended— (1) in subsection (b)— (A) by striking out "$450" and "$900" in paragraph (1) and inserting in lieu thereof "$1,250" and "$2,500", respectively; and (B) by striking out "$150" in paragraph (2) and inserting in lieu thereof "$416.66"; (2) by striking out "$25" in subsection (d)(2) and inserting in lieu thereof "$69.44"; and (3) by striking out "September 30, 1985" in subsection (g) and inserting in lieu thereof "September 30, 1987". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on October 1, 1985. SEC. 644. SELECTED RESERVE ENLISTMENT BONUS FOR PRIOR-SERVICE PERSONNEL

(a) IN GENERAL.—(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 308h the following new section: 37 USC 308i.

"§ 308i. Special pay: prior service enlistment bonus "(a)(1) A person who is a former enlisted member of an armed force who enlists in the Selected Reserve of the Ready Reserve of an armed force for a period of three or six years in a critical military skill designated for such a bonus by the Secretary concerned and who meets the requirements of paragraph (2) may be paid a bonus as prescribed in subsection (b). "(2) A bonus may only be paid under this section to a person who—

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Page:United States Statutes at Large Volume 99 Part 1.djvu/675

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 653

"(A) has completed his military service obligation but has less than 10 years of total military service; "(B) has received an honorable discharge at the conclusion of military service; "(C) is not being released from active service for the purpose of enlistment in a reserve component; and "(D) has not previously been paid a bonus for enlistment, reenlistment, or extension of enlistment in a reserve component. "(b) The bonus to be paid under subsection (a) shall be— "(1) an initial payment of— "(A) an amount not to exceed $1,250, in the case of a member who enlists for a period of three years; or "(B) an amount not to exceed $2,500 in the case of a member who enlists for a period of six years; and "(2) a subsequent payment of an amount not to exceed $416.66 upon the completion of each year of the period of such reenlistment or extension of enlistment during which such member has satisfactorily participated in unit training. "(c) A member may not be paid more than one bonus under this section. "(d) A person who receives a bonus payment under this section and who fails during the period for which the bonus was paid to serve satisfactorily in the element of the Selected Reserve of the Ready Reserve with respect to which the bonus was paid shall refund to the United States an amount that bears the same relation to the amount of the bonus paid to such person as the period that such person failed to serve satisfactorily bears to the total period for which the bonus was paid. "(e) An obligation to reimburse the United States imposed under subsection (d) of this section is, for all purposes, a debt owed to the United States. "(f) Under regulations prescribed pursuant to subsection (h) of this section, the Secretary concerned may remit or cancel the whole or any part of an obligation to reimburse the United States imposed under subsection (d) of this section. "(g) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment for which a bonus was paid under this section shall not discharge the person receiving such bonus payment from the debt arising under subsection (d) of this section. This subsection applies to any case commenced under title 11 after September 30, 1985. "(h) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy. "(i) No bonus may be paid under this section to any person for an enlistment after September 30, 1987.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 308h the following new item: "308i. Special pay: prior service enlistment bonus.". (b) EFFECTIVE DATE.—The amendments

shall take effect on October 1, 1985.

made by subsection (a)

37 USC 3081 note.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/676

 99 STAT. 654

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 645. SELECTED RESERVE AFFILIATION BONUS

37 USC 308e note.

(a) INCREASE AND EXTENSION.—Section 308e of title 37, United States Code, is amended— (1) by striking out "$25" in subsection (c)(1) and inserting in lieu thereof "up to $50 as determined by the Secretary concerned"; and (2) by striking out "September 30, 1985" in subsection (e) and inserting in lieu thereof "September 30, 1987". (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1985. SEC. 646. INDIVIDUAL READY RESERVE BONUSES (a)

37 USC 308g, 308h.

Two-YEAR EXTENSION OF RENLISTMENT AND ENLISTMENT

BONUSES.—(1) Sections 308g(h) and 308h(g) of such title are amended by striking out "September 30, 1985" and inserting in lieu thereof "September 30, 1987". (b) ENHANCED I R R BONUS FOR PERSONS WITH CRITICAL SKILLS.—(1)

Subsection (a)(1) of section 308h of title 37, United States Code, is amended by striking out "for a period of not less than three years" and inserting in lieu thereof "for a period of three years, or for a period of six years,". (2) Subsection (b) of such section is amended— (A) by inserting "(1)" after "(b)"; (B) by striking out ", except that" and all that follows and inserting in lieu thereof a period; and (C) by adding at the end thereof the following new paragraphs: "(2) The amount of a bonus under this section— "(A) may not exceed $1,500, in the case of a person who enlists for a period of six years; and "(B) may not exceed $750 in the case of a person who enlists for a period of three years. "(3) A bonus paid under this section shall be paid as follows: "(A) In the case of a bonus under paragraph (2)(A) of this subsection— "(i) $500 shall be paid at the time of the reenlistment, enlistment, or extension of enlistment for which the bonus is paid; and "(ii) the remainder shall be paid in equal annual increments. "(B) In the CEise of a bonus under paragraph (2)(B) of this subsection, the amount of the bonus shall be paid in equal annual increments.". (c) AUTHORITY TO REQUIRE MUSTER OR DRILL FOR ENHANCED

37 USC 308h note.

BONUS.—Subsection (f) of such section is amended— (1) by inserting "(1)" after "(f)"; and (2) by adding at the end thereof the following new paragraph: "(2) Regulations under this section may require that as a condition of receiving a bonus under this section the person receiving the bonus agree to participate in an annual muster of the Reserves, or in active duty for training, as may be required by the Secretary concerned.". (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1985.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/677

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 655

SEC. 647. SELECTED RESERVE HAZARDOUS DUTY INCENTIVE PAY (a) MODIFICATION OF COMPUTATION OF HAZARDOUS DUTY PAY FOR

RESERVES.—Section 301(f) of title 37, United States Code, relating to incentive pay for hazardous duty, is amended— (1) by inserting "(1)" after "(f)"; (2) by inserting "for the entire month" before the period at the end; and (3) by adding at the end thereof the following new paragraph: "(2)(A) If in any calendar month a member performs duty as described in paragraph (1) of this subsection and while entitled to basic pay also performs hazardous duty as described in the same clause of subsection (a) as constitutes the predicate for his entitlement under paragraph (1) of this subsection, the earned units of measuring entitlement for incentive pay under this section shall be combined. If the sum of units determined under the preceding sentence equals or exceeds the minimum standard prescribed by the President for entitlement to pay specified under subsections (b) and (c) of this section for a member of corresponding grade who is entitled to basic pay for the entire relevant month, the member shall be entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c) of this section for the performance of that hazardous duty by a member of corresponding grade who is entitled to basic pay for the entire month. "(B) A member who qualifies for entitlement under this paragraph is entitled to the increase for each day in the relevant month in which he is entitled to basic pay pursuant to section 204 of this title or to compensation under section 206 of this title. 37 USC 204, 206. "(C) In this paragraph, 'units' means the significant increments of performance prescribed as qualifying standards in regulations promulgated by the President pursuant to this section.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) 37 USC 301 note. shall apply to payments of incentive pay for hazardous duty performed after September 30, 1985. PART D—HEALTH-CARE MATTERS SEC. 651. C H A M P U S DENTAL CARE FOR ACTIVE-DUTY DEPENDENTS (a)

DENTAL BENEFITS FOR DEPENDENTS OF ACTIVE-DUTY MEM-

BERS.—(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1076 the following new section: "§ 1076a. Dependents' dental program 10 USC I076a. "(a)(1) The Secretary of Defense may establish dental benefit plans for spouses and children (as described in section 1072(2)(D) of this title) of members of the uniformed services who are on active 98 Stat. 2869. duty for a period of more than 30 days. Any plan under this section 10 USC 1072. shall provide for voluntary enrollment of participants and shall include provisions for premium-sharing between the Department of Defense and members enrolling in the program. "(2) A plan under this section shall be administered under regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries. "(b)(l) Members enrolling in a dental benefit plan established under subsection (a) shall be required to pay a share of the member's premium.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/678

 99 STAT. 656

Contract.

10 USC 1077.

Ante, p. 655. 10 USC 1076. contract. Prohibition. 10 USC 1076a note.

PUBLIC LAW 99-145—NOV. 8, 1985 "(2) The Secretary of Defense shall establish the amount of the premium to be paid by a member enrolled in a plan under this section. "(c) A member's share of the premium for a plan established under subsection (a) shall be paid by deductions from the basic pay of the member. "(d) The dental benefits provided under such a plan may not include a benefit other than— "(1) diagnostic, oral examination, and preventive services and palliative emergency care; and "(2) basic restorative services of amalgam and composite restorations and stainless steel crowns for primary teeth, and dental appliance repairs. "(e) Any such plan shall provide that a member whose spouse or child receives care under a plan established under this section— "(1) may not be required to pay for any charge for care described in subsection (d)(1); and "(2) shall be required to pay 20 percent of the charges for care described in subsection (d)(2). "(f) If a member who is enrolled in a plan established under this section is transferred to a duty station where dental care is provided to the member's spouse or children under a program other than a plan established under this section, the member may discontinue participation under the plan established under this section. If the member is later transferred to a station where dental care is not provided to such member's spouse or children except under a plan established under this section, the member may re-enroll in such a plan. "(g) The authority of the Secretary of Defense to enter into a contract under this section for any fiscal year is subject to the availability of appropriations for that purpose". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1076 the following new item: "1076a. Dependents' dental program.". (b) CONFORMING AMENDMENT.—Section

1077 of such title is amended by adding at the end thereof the following new subsection: "(c) A dependent participating under a dental plan established under section 1076a of this title may not be provided dental care under section 1076(a) of this title except for emergency dental care and care that is not covered by such plan.". (c) EFFECTIVE DATE.—The Secretary of Defense may not enter into a contract under section 1076a of title 10, United States Code, as added by subsection (a), or otherwise obligate funds under that section before September 30, 1986. SEC. 652. ENHANCED HEALTH-CARE BENEFITS FOR SURVIVORS OF CERTAIN RESERVISTS (a) MEDICAL AND DENTAL CARE IN FACILITIES OF THE UNIFORMED

Supra.

SERVICES.—Section 1076(a) of title 10, United States Code, is amended to read as follows: "(aKl) A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.

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Page:Bobbsey Twins at the Seashore.djvu/166

154 In the meantime everybody at the house was looking for the twins. Their first fear, of course, was the ocean, and down to the beach Mrs. Bobbsey, Aunt Sarah, and the boys hurried, while Aunt Emily and the girls made their way to the Gypsy Camp, fearing the fortune tellers might have stolen the children in order to get money for bringing them back again.

Dorothy walked boldly up to the tent. An old woman sat outside and looked very wicked, her face was so dark and her hair so black and tangled.

"Have you seen a little boy and girl around here?" asked Dorothy, looking straight into the tent.

"No, nobody round here. Tell your fortune, lady?" This to Aunt Emily, who waited for Dorothy.

"Not to-day," answered Aunt Emily. "We are looking for two children. Are you sure you have not seen them?"

"No, lady. Gypsy tell lady's fortune, then lady find them," she suggested, with that trick her class always uses, trying to impose on


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/679

 99 STAT. 65';

PUBLIC LAW 99-145—NOV. 8, 1985 "(2) A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service— "(A) who is on active duty for a period of more than 30 days or who died while on that duty; or "(B) who died from anjnjury or illness incurred or aggravated— "(i) while on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive duty training; or "(ii) while traveling to or from the place at which the member is to perform, or has performed, such active duty, active duty for training, or inactive duty training.". (b) CHAMPUS CARE.—Section 1086(c)(2) of such title is amended to read as follows: "(2) A dependent (other than a dependent covered by section 1072(2)(E) of this title) of a member of a uniformed service— "(A) who died while on active duty for a period of more than 30 days; or "(B) who died from an injury or illness incurred or aggravated— "(i) while on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive duty training; or "(ii) while traveling to or from the place at which the member is to perform, or has performed, such active duty, active duty for training, or inactive duty training.". (c) EFFECTIVE DATE.—The amendments made by this section shall apply only with respect to dependents of members of the uniformed services whose deaths occur after September 30, 1985. SEC. 653. LICENSURE REQUIREMENT FOR DEFENSE PROFESSIONALS

10 USC 1086. 10 USC 1072.

10 USC 1076 note.

HEALTH-CARE

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§1094. Licensure requirement for health-care professionals "(a)(1) A person under the jurisdiction of the Secretary of a military department may not provide health care independently as a health-care professional under this chapter unless the person has a current license to provide such care. "(2) The Secretary of Defense may waive paragraph (1) with respect to any person in unusual circumstances. The Secretary shall prescribe by regulation the circumstances under which such a waiver may be granted. "(h) The commanding officer of each health care facility of the Department of Defense shall ensure that each person who provides health care independently as a health-care professional at the facility meets the requirement of subsection (a). "(c)(1) A person (other than a person subject to chapter 47 of this title) who provides health care in violation of subsection (a) is subject to a civil money penalty of not more than $5,000. "(2) The provisions of subsections (b) and (d) through (g) of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) shall apply to the imposition of a civil money penalty under paragraph (1) in the same manner as they apply to the imposition of a civil money penalty under that section, except that for purposes of this subsection—

10 USC 1094. Prohibition.

Regulation.

37 USC 801 et seq.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/680

 99 STAT. 658

PUBLIC LAW 99-145—NOV. 8, 1985 "(A) a reference to the Secretary in that section is deemed a reference to the Secretary of Defense; and "(B) a reference to a claimant in subsection (e) of that section is deemed a reference to the person described in paragraph (1). "(d) In this section: "(1) 'License'— "(A) means a grant of permission by an official agency of a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States to provide health care independently as a health-care professional; and "(B) includes, in the case of such care furnished in a foreign country by any person who is not a national of the United States, a grant of permission by an official agency of that foreign country for that person to provide health care independently as a health-care professional. "(2) 'Health-care professional means a physician, dentist, clinical psychologist, or nurse and any other person providing direct patient care as may be designated by the Secretary of Defense in regulations.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1094. Licensure requirement for health-care professionals.".

10 USC 1094 note.

(b) TRANSITION.—Section 1094 of title 10, United States Code, as added by subsection (a), does not apply during the three-year period beginning on the date of the enactment of this Act with respect to the provision of health care by any person who on the date of the enactment of this Act is a member of the Armed Forces. SEC. 654. STUDY OF MEDICAL CASUALTY INVESTIGATIONS

(a) IN GENERAL.—The Secretary of Defense shall study the procedures used by the military departments for medical casualty investigations relating to members of the Armed Forces who die or are seriously injured while on active duty. (b) SCOPE OF STUDY.—The study by the Secretary under subsection (a) shall include consideration of the following: (1) The need, and appropriate standards, for uniform policies of the military departments with respect to autopsies of members of the Armed Forces who die while on active duty, taking into account religious sensibilities of members and their families. (2) The need, and appropriate standards, for a policy of the Department of Defense with respect to independent review of autopsies, and other aspects of medical CEisualty investigations, conducted by the Armed Forces, including the appropriate role of the Armed Forces Institute of Pathology. (3) Appropriate policies and procedures for retaining, in safekeeping, all medical investigative materials (including photographs, specimens, slide and other records of any autopsy) and, to the extent not inconsistent with national security, making such materials available to survivors of members of the Armed Forces who die while on active duty. (4) The desirability of establishing an independent board of medical examination in the Department of Defense, to consist of five or more practitioners of medicine who are recognized experts in the investigation of causes of death, with the function

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Page:United States Statutes at Large Volume 99 Part 1.djvu/681

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 659

of advising the Secretary of Defense on the operation of the Armed Forces Institute of Pathology and on the rehability and independence of the Institute's investigations of military casualties. (c) REPORT.—(1) The Secretary of Defense shall submit to Congress a report on the results of the study under subsection (a). The report shall include— (A) the Secretary's findings and recommendations; (B) an analysis and description of all actions taken by the Department of Defense to implement any such recommendation; and (C) the Secretary's recommendations with respect to any legislation needed to implement any such recommendation. (2) The report shall be submitted not later than one year after the date of the enactment of this Act. PART E—MILITARY RETIREMENT SEC. 666. LIMITATION ON AMOUNTS AVAILABLE FOR OBLIGATION FOR BASIC PAY AND FOR RETIRED PAY ACCRUAL CHARGE

From amounts appropriated or otherwise available to the Department of Defense for military personnel accounts for fiscal year 1986, the total amount obligated from each such account for military basic pay and payments into the Department of Defense Military Retirement Fund pursuant to section 1466(a) of title 10, United States Code, may not exceed the following: (1) For the Department of the Army— (A) for payments from the appropriation account "Military Personnel, Army", $15,951,800,000; (B) for payments from the appropriation account "Reserve Personnel, Army", $1,595,500,000; and (C) for payments from the appropriation account "National Guard Personnel, Army", $2,503,600,000. (2) For the Department of the Navy— (A) for payments from the appropriation account "Military Personnel, Navy", $11,689,900,000; (B) for payments from the appropriation account "Military Personnel, Marine Corps", $3,659,600,000; (C) for payments from the appropriation account "Reserve Personnel, Navy", $939,300,000; and (D) for payments from the appropriation account "Reserve Personnel, Marine Corps", $202,200,000. (3) For the Department of the Air Force— (A) for payments from the appropriation account "Military Personnel, Air Force", $13,533,500,000; (B) for payments from the appropriation account "Reserve Personnel, Air Force", $437,300,000; and (C) for payments from the appropriation account "National Guard Personnel, Air Force'\ $754,500,000. SEC, 667. LEGISLATIVE PROPOSAL TO AMEND MILITARY RETIREMENT SYSTEM FOR NEW ENTRANTS (a) REQUIREMENT FOR SUBMISSION OF LEGISLATIVE PROPOSAL MAKING CHANGES IN MILITARY RETIREMENT SYSTEM.—(1) Not later

than September 15, 1985, the Secretary of Defense shall submit to Congress a report (including draft legislation) proposing two separate sets of changes in the military nondisability retirement system.

Report.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/682

 99 STAT. 660

Report.

PUBLIC LAW 99-145—NOV. 8, 1985 (2)(A) Each of the sets of changes to be proposed in the report under paragraph (1) shall include changes which, if enacted, would result in reductions in the amount required to be paid by the Secretary of Defense into the Department of Defense Military Retirement Fund pursuant to section 1466(a) of title 10, United States Code, during fiscal year 1986 in a total amount that would enable the Department of Defense to remain within the limits on obligations for basic pay and payments into such Fund prescribed by section 666 solely through such reductions. (B) One of the sets of changes to be proposed in such report shall consist only of changes in the military retirement system other than changes in the procedure for periodic cost-of-living adjustments in retired or retainer pay which, if enacted, would result in the required reductions. (3) Structural changes in the military retirement system to be proposed by the Secretary of Defense in either set of changes proposed in the report under paragraph (1)— (A) should apply only to individuals who initially become members of the Armed Forces after the effective date of such changes; and (B) should, to the maximum extent possible and consistent with military requirements, encourage members who are eligible for retirement to remain on active duty beyond 20 years of service. (4) At the same time the Secretary of Defense submits the report required by paragraph (1), the Secretary shall submit separate reports on the following: (A) The anticipated effects that the changes proposed in the report under paragraph (1) would have on recruiting and retention in the Armed Forces. (B) Proposals for additional changes in other elements of the military compensation system or in other military personnel programs, including changes in promotion and retention policies. (C) A description of the changes in military retirement, compensation, or personnel programs that would be necessary if the reductions resulting from the funding limitations set forth in section 666 were $1,800,000,000, $2,900,000,000, $3,600,000,000, $4,000,000,000, or $5,400,000,000, as well as an evaluation of the effects such changes would have on recruiting and retention in the Armed Forces. (D) A plan that could be used to implement over a period of four or more years the changes proposed in the report under paragraph (1). (b) SPECIFICATION OF ACTUARIAL METHODS AND ASSUMPTIONS FOR

FY86 RETIREMENT LEGISLATION.—In determining the cost, or the amount to be saved, as the result of the enactment of any legislative proposal that would make changes in the military retirement system effective during fiscal year 1985 or 1986, the actuarial methods and assumptions used shall be the same as those approved by the Board of Actuaries (in accordance with section 1465(d) of title 10, United States Code) for use in calculating the military retirement accrual percentage for the President's budget for fiscal year 1986. (c) RECALCULATION OF ACCRUAL PERCENTAGE UPON CHANGE IN

BENEFITS.—(1) If a significant change in the military retirement system is enacted into law that takes effect during fiscal year 1985 or 1986, the accrual percentage shall be recalculated taking into

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