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 101 STAT. 1086

PUBLIC LAW 100-180—DEC. 4, 1987

SEC. 504. AUTHORITY TO AWARD DEGREE OF MASTER OF LAWS IN MILITARY LAW (a) ARMY JUDGE ADVOCATE GENERAL'S SCHOOL.—Chapter 401 of

title 10, United States Code, is amended by adding at the end the following new section: 10 USC 4315.

"§ 4315. The Judge Advocate General's School: master of laws in military law -op "Under regulations prescribed by the Secretary of the Army, the Commandant of the Judge Advocate General's School of the Army may, upon recommendation by the faculty of such school, confer the degree of master of laws (LL.M.) in military law upon graduates of the school who have fulfilled the requirements for that degree.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "4315. The Judge Advocate General's School: master of laws in military law.". SEC. 505. WITHHOLDING OF STATE AND LOCAL INCOME TAXES FOR NATIONAL GUARD AND RESERVE DRILL PAY

Subchapter II of chapter 55 of title 5, United States Code, is amended— (1) by striking out "do not" in section 5517(d); and (2) by inserting "(other than service described in section a? 5517(d) of this title)" in the third sentence of section 5520(a) after "Armed Forces". SEC. 506. ONE-YEAR DELAY IN MINIMUM PERCENTAGE OF AIR FORCE ENLISTEES REQUIRED TO BE WOMEN

Section 551(a) of the Department of Defense Authorization Act, -oju" 1988" and inserting in lieu thereof "fiscal year 1989". SEC. 507. STUDY OF WARTIME MOBILIZATION REQUIREMENTS OF THE COAST GUARD
 * >;..;: r« 1985 (10 U.S.C. 8251 note), is amended by striking out "fiscal year

!ii-<-

(a) 10-YEAR PLAN.—The Secretary of Transportation shall submit to Congress a plan to enable the Coast Guard to meet 95 percent of u e. its wartime mobilization requirements by September 30, 1998. Such 9io.i plan shall include recommendations with respect to— (1) annual increases in authorized end strengths for Coast Guard Selected Reserve personnel; (2) recruiting and training resources; and (3) equipment and other logistic support necessary to enable the Coast Guard to meet that requirement. O> DEADLINE.—The plan required by subsection (a) shall be t) submitted not later than 60 days after the date of the enactment of this Act. SEC. 508. WEARING OF RELIGIOUS APPAREL BY MEMBERS OF THE ARMED FORCES WHILE IN UNIFORM

(a) IN GENERAL.—Chapter 45 of title 10, United States Code, is D,o (m B'l.':- amended— .; n (1) by redesignating section 774 as section 775; and (2) by inserting after section 773 the following new section 774:

 * ....•.,.,-..*....w.M.^^..

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Page:United States Statutes at Large Volume 101 Part 2.djvu/101

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1087

"§ 774. Religious apparel: wearing while in uniform 10 USC 774. "(a) GENERAL RULE.—Except as provided under subsection (b), a member of the armed forces may wear an item of religious apparel while wearing the uniform of the member's armed force. "(b) EXCEPTIONS.—The Secretary concerned may prohibit the wearing of an item of religious apparel— "(1) in circumstances with respect to which the Secretary determines that the wearing of the item would interfere with the performance of the member's military duties; or "(2) if the Secretary determines, under regulations under ' ' subsection (c), that the item of apparel is not neat and conservative. "(c) REGULATIONS.—The Secretary concerned shall prescribe regulations concerning the wearing of religious apparel by members of the armed forces under the Secretary's jurisdiction while the members are wearing the uniform. Such regulations shall be consistent with subsections (a) and (b). "(d) RELIGIOUS APPAREL DEFINED.—In this section, the term 'religious apparel' means apparel the wearing of which is part of the observance of the religious faith practiced by the member.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by striking out the item relating to section 774 and inserting in lieu thereof the following: "774. Religious apparel: wearing while in uniform. "775. Applicability of chapter.".

(c) REGULATIONS.—The Secretary concerned shall prescribe the lo use 774 note. regulations required by section 774(c) of title 10, United States Code, as added by subsection (a), not later than the end of the 120-day period beginning on the date of the enactment of this Act. SEC. 509. MILITARY EDUCATION PROGRAM FOR ARMY NATIONAL GUARD CIVILIAN TECHNICIANS

(a) RELATIONSHIP TO MILITARY PROMOTIONS.—A civilian technician of the Army National Guard who is unable to complete required training under the Military Education Program for civilian technicians of the Army National Guard established on August 1, 1985, may not be denied a military promotion solely by reason of the failure to complete such training if the reeison for such failure was solely lack of availability of training spaces. Ob) REPORT.—Not later than February 15, 1988, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Military Education Program referred to in subsection (a). The report shall describe— (1) the cost effectiveness of the program; (2) the effect of the program on readiness; and (3) the effect of the program on the sick leave, annual leave, and other benefits of civilian technicians of the Army National Guard and any resulting effect on their morale. SEC. 510. REMOVAL OF STATUTORY MILITARY DEPARTMENT CEILINGS ON NUMBER OF ROTC SCHOLARSHIPS

Subsection (h) of section 2107 of title 10, United States Code, is amended to read as follows: "(h) Not more than 29,500 cadets and midshipmen appointed under this section may be in the financial assistance programs at

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Page:The Yellow Book - 06.djvu/124

 tenderest years, of the things to avoid unless a man wish to fail in life.

The Captain saw it clearly enough, and sometimes a tiny flame of his old spirit would flicker to life, and he would register a vow to begin the next day—perhaps he would make ready a couple of quills, dust his old desk, lay out some foolscap, and put away treasured letters from old comrades—his correspondence of late was infrequent—and whisper with a smile: "To-morrow!" He would cock his old hat jauntily and nod to Jeanet, his landlady's little daughter, and go on to the common with a paper and a pipe, and lose himself in a happy dream of a glorious first chapter; a marvel of psychological insight into the life of a child, in which youth and love, and the tender colours of hope and faith, would make young readers eyes glow and old readers eyes glisten. Later on, Jeanet, coming to seek him, would find him asleep with his chin on his stick. She was a wise little maid, with the worldliness that is such a pitiful side of London childhood, clever and practical, with a strange affection for the old gentleman who treated her so courteously and called her "My pretty Jane," and was a mine of wonderful lore. She was fiercely jealous of his stuck-up sons and daughters, and resented their treatment with the keen intuition and loyal devotion of childhood.

"Wake up, Captain; you shouldn't go to sleep like that!" with quaint reproof. "Supper is ready, and I've got a new book!"

"Have you, my pretty? I, too, was dreaming of my book, and to-morrow I must begin. I am growing old, Jeanette. Lord, how divinely poor Paddy Blake used to sing that song. Yes, it's time to begin!"—with a sigh.

The child, a lanky, precocious thing of thirteen winters, in whom he alone had seen a promise of beauty, and whose rare intelligence

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Page:United States Statutes at Large Volume 101 Part 2.djvu/102

 101 STAT. 1088

PUBLIC LAW 100-180—DEC. 4, 1987

&>: JBU In any one time. The Secretary of Defense shall determine the number of cadets and midshipmen appointed under this section who may be in the financial assistance programs at any one time in each military department.". SEC. 511. LIMITED AUTHORITY TO TRANSFER AMONG SERVICES GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL (a) IN GENERAL.—Section 525 of title 10, United States Code, is amended by adding at the end the following new subsection: President of U.S. "(c)(1) Subject to paragraph (3), the President— "(A) may make appointments in the Army, Air Force, and b/ Marine Corps in the grade of lieutenant general and in the Army and Air Force in the grade of general in excess of the applicable numbers determined under subsection (b)(D, and l<j may make appointments in the Marine Corps in the grade of '^l[ general in addition to the Commandant and Assistant Com' mandant, if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and ^ "(B) may make appointments in the Navy in the grades of " vice admiral and admiral in excess of the applicable numbers determined under subsection (b)(2) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2). "(2) For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or AiHi tvrns n> admiral, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the President of U.S. Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the armed force in which the reduction required by this paragraph is to be made. "(3)(A) The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed the number equal to 10 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps under subsection (b). "(B) The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed the number equal to 15 percent of the total number of general officers and flag officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps. "(4) Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that armed force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another armed force by reason of that increase shall no longer be in effect.". 10 USC 525 note. (b) SAVINGS PROVISION.—An officer of the Armed Forces on active duty holding an appointment in the grade of lieutenant general or vice admiral or general or admiral on September 30, 1987, shall not have that appointment terminated by reason of the numerical limitations determined under section 525(b) of title 10, United States Code. In the case of an officer of the Marine Corps serving in the grade of general by reason of an appointment authorized by section

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1089

511(3) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3869), that appointment shall not be terminated except as provided in section 601 of title 10, United States Code. SEC. 512. ADVANCE IN RETIRED GRADE AFTER 30 YEARS OF SERVICE FOR CERTAIN MEMBERS

(a) ARMY.—Section 3964 of title 10, United States Code, is amended to read as follows: "§ 3964. Higher grade after 30 years of service: warrant officers and enlisted members "(a) Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 3 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army. "(b) This section applies to— "(1) warrant officers of the Army; "(2) enlisted members of the Regular Army; and "(3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the Case of members of the National Guard, on full-time National Guard duty).". (b) NAVY AND MARINE CORPS.—Chapter 571 of such title is amended by adding at the end the following new sections:

.am Da J fti

"§ 6334. Higher grade after 30 years of service: warrant officers lo USC 6334. and enlisted members "(a) Each member of the naval service covered by subsection (b) who, after the date of the enactment of this section, is retired with less than 30 years of active service or is transferred to the Fleet Reserve or Fleet Marine Corps Reserve is entitled, when his active service plus his service on the retired list or his service in the Fleet Reserve or the Fleet Marine Corps Reserve totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Navy. "(b) This section applies to— "(1) warrant officers of the naval service; "(2) enlisted members of the Regular Navy and Regular Marine Corps; and "(3) reserve enlisted members of the Navy and Marine Corps who, at the time of retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, are serving on active duty. "(c) An enlisted member of the naval service who is advanced on the retired list under this section is entitled to recompute his retired or retainer pay under formula A of the following table, and a warrant officer of the naval service so advanced is entitled to recompute his retired pay under formula B of that table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/104

 101 STAT. 1090 "Formula

ft,('l\

PUBLIC LAW 100-180—DEC. 4, 1987 Column 1 Take

Column 2 Multiply by

Retired pay base as computed The retired pay multiplier preunder section 1406(d) or 1407 of scribed in section 1409 of this this title. title for the number of years creditable for his retainer or retired pay at the time of retirement. ' Retired pay base as computed The retired pay multiplier preunder section 1406(d) of this scribed in section 1409 of this title. title for the number of years credited to him under section 1405 of this title.

"' In determining the retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as Vi 2 of a year and disregard any remaining fractional part of a month.

10 USC 6335.

"§ 6335. Restoration to former grade: warrant officers and enlisted members "Each retired warrant officer or enlisted member of the naval service who has been advanced on the retired list to a higher commissioned grade under section 6334 of this title, and who applies to the Secretary of the Navy within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant officer or enlisted status, as the case may be.". (c) AIR FORCE.—Section 8964 of title 10, United States Code, is amended to read as follows: — ,..,.-„

tS^:i>9aiiO' "§8964. Higher grade after 30 years of service: warrant officers and enlisted members "(a) Each retired member of the Air Force covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Air Force. "Q)) This section applies to— "(1) warrant officers of the Air Force; "(2) enlisted members of the Regular Air Force; and "(3) reserve enlisted members of the Air Force who, at the ». time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time duty).". (d) CONFORMING AMENDMENTS.—(1) Sections 3965 and 3966(b)(2) of such title are amended by striking out "Regular". (2) Section 1406(d) of such title is amended— (A) by inserting "or 6334" after "6151"; and (B) by adding at the end of the table in such section the following: "6334 Basic pay of the grade to which the member is advanced under section 6334.".

(3) Sections 8965 and 8966(b)(2) of such title are amended by striking out "Regular".

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1091

(e) CLERICAL AMENDMENTS.—(1) The item relating to section 3964 in the table of sections at the beginning of chapter 369 of such title is amended to read as follows: "3964. Higher grade after 30 years of service: warrant officers and enlisted members.".

(2) The table of sections at the beginning of chapter 571 of such title is amended by adding at the end the following new items: "6334. Higher grade after 30 years of service: warrant officers and enlisted membiers. "6335. Restoration to former grade: warrant officers and enlisted members.".

(3) The item relating to section 8964 in the table of sections at the beginning of chapter 869 of such title is amended to read as follows: "8964. Higher grade after 30 years of service: warrant officers and enlisted members.". (f) EFFECTIVE DATE.—The amendments made by subsections (a) lo use 3964

and (c) shall apply to any reserve enlisted member who completes 30 note. years of service in the Armed Forces before, on, or after the date of the enactment of this Act. No person may be paid retired pay at a higher rate by resison of the enactment of this Act for any period before the date of the enactment of this Act. SEC. 513. TESTING FOR DRUG, CHEMICAL, AND ALCOHOL USE AND DEPENDENCY BEFORE ENTRY INTO THE ARMED FORCES (a) MANDATORY TESTING.—(1) Section 978 of title 10, United States

Code, is amended to read as follows: "§ 978. Mandatory testing for drug, chemical, and alcohol abuse "(a) Before a person becomes a member of the armed forces, such person shall be required to undergo testing for drug, chemical, and alcohol use and dependency. "(b) A person who refuses to consent to testing required by subsection (a) may not be accepted for an original enlistment in the armed forces or given an original appointment as an officer in the armed forces unless that person consents to such testing. "(c) A person determined, as the result of testing conducted under subsection (a), to be dependent on drugs, chemicals, or alcohol shall be— "(1) denied entrance into the armed forces; and "(2) referred to a civilian treatment facility. "(d) The testing required by subsection (a) shall be carried out Regulations. under regulations prescribed by the Secretary of Defense in consultation with the Secretary of Transportation. Those regulations shall apply uniformly throughout the armed forces.". (2) The item relating to that section in the table of sections at the beginning of chapter 49 of such title is amended to read as follows: "978. Mandatory testing for drug, chemical, and alcohol abuse.".

(b) IMPLEMENTATION.—(1) The Secretary of Defense shall prescribe Regulations. regulations for the implementation of section 978 of title 10, United 10 USC 978 note. States Code, as amended by subsection (a), not later than 45 days after the date of the enactment of this Act. (2) The effective date for initiation of the testing program prescribed by that section shall be no later than 180 days after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/106

 101 STAT. 1092

PUBLIC LAW 100-180—DEC. 4, 1987 TITLE VI—COMPENSATION AND OTHER PERSONNEL) BENEFITS P A R T A — P A Y AND ALLOWANCES

37 USC 1009 "°*®

,,... ,_

...F. a; . ^,^f.,-.

SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1988 , " ' „, (a) W A IV E R O F SECTION 1009 ADJUSTMENT. — Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of m e m b e r s of the uniformed services to become

effective during fiscal year 1988 shall not be made. 37 USC 1009 Ob) THREE PERCENT INCREASE IN BASIC PAY AND BAS.—The rates of note. basic pay and basic allowance for subsistence of members of the uniformed services are increased by 3 percent effective on January 1, 1988. 37 USC 403 note. (c) INCREASE IN BAQ.—vD The rates of basic allowance for quarters for members of the uniformed services are increased by 6 -'' percent effective on January 1, 1988. (2) If as of January 1, 1988, there has not been enacted legislation as described in section 3(c), then the percentage increase in the rates of basic allowance for quarters for members of the uniformed services to take effect on that date under paragraph (1) shall be 3 percent (rather than the percentage specified in that paragraph), (d) THREE PERCENT INCREASE IN CADET AND MIDSHIPMAN PAY.—

Effective January 1, 1988, section 203(c)(l) of title 37, United States Code, is amended by striking out "$494.40" and inserting in lieu thereof "$509.10". SEC. 602. GAO REPORT ON FAIRNESS OF MILITARY HOUSING ALLOWANCES

 * Ui%su

(a) GAO REVIEW.—The Comptroller General shall review the following: (1) The military housing allowance system as it pertains to ";* dual-service couples and divorced members of the uniformed services. For purposes of the review, a dual-service couple is a married couple of which both spouses are members of a uniformed service serving on active duty. (2) All studies previously conducted by the Department of Defense on the military housing allowance system, including the legislative history of the existing provisions of law providing for the basic allowance for quarters and the variable housing allowance (37 U.S.C. 403 and 403a). (b) REPORT.—The Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under subsection (a). The report shall include recommendations for appropriate changes in legislation and regulations to promote fairness in— (1) the compensation for military housing of a dual-service couple in comparison to the compensation for military housing of a married couple of which one spouse is a member of a uniformed service serving on active duty and the other spouse is a civilian; and (2) the compensation for military housing of divorced members of the uniformed services in comparison to the compensation for military housing of other unmarried members of the uniformed services. (c) DEADLINE.—The report required by subsection (b) shall be submitted by March 1, 1988.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/107

 PUBLIC LAW 100-180—DEC. 4, 1987

PART B—TRAVEL AND TRANSPORTATION

101 STAT. 1093 ^;

 * S'*

gj i i cjau ^t;

SEC. 611. ALLOWANCE FOR CIVILIAN CLOTHING

(a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is amended— (A) by redesignating sections 419 and 420 as sections 420 and 421, respectively; and (B) by inserting after section 418 the following new section: "§ 419. Civilian clothing allowance

 * a>f.slfs***'

Regulations. on u s e 419

"Under regulations prescribed by the Secretary of Defense, a member of an armed force who is assigned to a permanent duty station at a location outside the United States is entitled to a civilian clothing allowance in such amount as the Secretary shall determine under regulations if such member is required to wear civilian clothing all or a substantial portion of the time in the perform£ince of the member's official duties. A clothing allowance under this section is in addition to any uniform allowance to which a member is otherwise entitled under this title.". (2) The table of sections at the beginning of such chapter is amended by striking out the items relating to sections 419 and 420 and inserting in lieu thereof the following: "419. Civilian clothing allowance. "420. Allowances while participating in international sports. "421. Allowances: no increase while dependent is entitled to basic pay.".

(b) EFFEcnvE DATE.—Section 419 of title 37, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act. No member may be psdd a clothing allowance under such section for any period before such date. SEC. 612. REIMBURSEMENT FOR ACTUAL LODGING EXPENSES PLUS PER DIEM FOR MEMBERS ENTITLED TO TRAVEL ALLOWANCES (a) REPEAL.—Section 6140)) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3879) is repealed. Ob) N E W EFFECTIVE DATE.—(1) The amendments made by section 614(a) of the National Defense Authorization Act for Fiscal Year 1987 shall be implemented by the Secretaries concerned (as defined in section 101(5) of title 37, United States Code) not later than 90 days Fter the date of the enactment of this Act and shall apply with respect to travel performed on or after the date of implementation. (2) Section 8(a) of the Defense Technical Corrections Act of 1987 (Public Law 100-26; 101 Stat. 284) is amended by striking out ", and such amendments shall be effective as provided in section 614(b) of the Defense Authorization Act". SEC. 613. AUTHORIZATION TO PAY DISLOCATION ALLOWANCE IN ADVANCE Section 407 of title 37, United States Code, is amended by adding at the end the following new subsection: "(f) An allowance payable under this section may be paid in advance.". SEC. 614. TRANSPORTATION ALLOWANCE TO ENCOURAGE VOLUNTARY EXTENSIONS OF TOURS OF DUTY IN FOREIGN COUNTRIES (a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is amended by inserting after section 41 If the following new section:

37 USC 4i9 note.

37 USC 404 note. 37 USC 404 note.

^ ''^

^ '

^

37 USC 404 and note. ^rju

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 101 STAT. 1094

PUBLIC LAW 100-180—DEC. 4, 1987

37 USC 41 ig.

incident to voluntary extensions of overseas tours of duty Regulations. "(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who— "(1) is stationed outside the United States; and "(2) voluntarily agrees to extend his overseas tour of duty for a period equal to at least one-half of the overseas tour preni. > • • - " scribed for his permanent duty station; •).: " ' is entitled to the transportation allowance described in subsection 0)) for himself and each dependent who is authorized to, and does, accompany him. "(b) The transportation allowance authorized by subsection (a) is an allowance provided— "(1) in connection with authorized leave; and "(2) for the cost of transportation— "(A) from a member's permanent duty station to a place approved by the Secretary concerned and from that place to .^ his permanent duty station; or Jl "(B) from a member's permanent duty station to a place no farther distant than his home of record (if he is a member without dependents) and from that place to his permanent duty station. "(c) The transportation allowance authorized by subsection (a) ^^ J,, may not be provided to an enlisted member who, with respect to an extension of duty described in subsection (a)— "(1) elects to receive special pay under section 314 of this title for duty performed during such extension of duty; or "(2) elects to receive rest and recuperative absence or transportation at Government expense, or any combination thereof, under section 705 of title 10 for such extension of duty. "(d) The authority under this section shall expire on October 1, «..^ 1989.". (2) The table of sections at the beginning of such chapter is .9/0? f.ftt c>yi amended by inserting after the item relating to section 41 If the following new item: 37 USC 41 ig note. 37use4iig ^°^-
 * '§ 411g. Travel and transportation allowances: transportation

"411g. Travel and transportation allowances: transportation incident to voluntary extensions of overseas tours of duty.". (b) EFFECTIVE DATE.—Section 41 Ig of title 37, United States Code,

as added by subsection (a), shall apply with respect to agreements to extend overseas tours of duty made after the date of the enactment of this Act. (c) GAO REVIEW AND REPORT.—(1) The Comptroller General shall review implementation of section 41 Ig of such title after such section has been in effect for one year, for the purpose of comparing— (A) the total cost to the Department of Defense of the transportation allowance allowed under such section; with (B) the total cost that would have been incurred by the Department of Defense over such period if such section had not been in effect, including the costs of more frequent moves by members in connection with permanent station changes. (2) The Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such review no later than March 1, 1989. i.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/109

 PUBLIC LAW 1 0 0 - 1 8 0 - D E C. 4, 1987

101 STAT. 1095

(d) CLARIFICATION OF TYPE OF LEAVE FOR WHICH CERTAIN TRANSPORTATION ALLOWANCE IS GRANTED.—(1) Subsection (a)(2) of

section 411b of such title is amended by striking out "the first time the member is granted leave." and inserting in lieu thereof the following: "the time the member is first granted leave— "(A) which is to be taken away from the member's permanent duty station; and "(B) for which a travel and transportation allowance is not otherwise authorized.". (2) The heading of such section is amended to read as follows:

37 USC 4iib.

"§ 411b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours". (3) The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: "411b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours.". SEC. 615. TRANSPORTATION OF FAMILY MEMBERS OF SERIOUSLY ILL OR INJURED MEMBER

, „ • ^ ' * ^;!;

(a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is amended by inserting after section 411g, as added by section 614, the following new section: family members incident to the serious illness or iivjury of members "(a)(1) Under uniform regulations prescribed by the Secretaries concerned, transportation described in subsection (c) may be provided for not more than two family members of a member described in paragraph (2) if the attending physician or surgeon and the commander or head of the military medical facility exercising military control over the member determine that the presence of the family member is necessary for the member's health and welfare. "(2) A member referred to in paragraph (1) is a member of the uniformed services who— "(A) is serving on active duty; "(B) is seriously ill or seriously injured; and "(C) is hospitalized in a medical facility in or outside the United States. "(b)(1) In this section, the term 'family member', with respect to a member, means— "(A; the member's spouse; "(B) children of the member (including stepchildren, adopted children, and illegitimate children); "(C) parents of the member or persons in loco parentis to the member, as provided in paragraph (2); and "(D) siblings of the member. "(2) Parents of a member or persons in loco parentis to a member include fathers and mothers through adoption and persons who stood in loco parentis to the member for a period not less than one year immediately before the member entered the uniformed service. However, only one father and one mother or their counterparts in loco parentis may be recognized in any one case.
 * '§ 411h. Travel and transportation allowances: transportation of

37 USC 4iih.

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 101 STAT. 1096

.iliH'-W.:!

1

37 USC 4lih "°*®-

HriCai

PUBLIC LAW 100-180—DEC. 4, 1987

"(c) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member and the location of the medical facility in which the member is hospitalized. "(d)(1) The transportation authorized by subsection (a) may be provided by any of the following means: ^.«w j; oi "(A) Transportation in-kind. "(B) A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned. "(C) Reimbursement for the commercial cost of transportation. "(2) An allowance payable under this subsection may be paid in advance. "(3) Reimbursement payable under this subsection may not exceed the cost of government-procured commercial round-trip air travel.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 411g (as added by section 614) the following new item: "41 Ih. Travel and transportation allowances: transportation of family members incident to the serious illness or injury of members.". (b) EFFECTIVE DATE.—The authority to provide transportation or

to pay transportation expenses under section 41 Ih of title 37, United States Code, as added by subsection (a), shall be effective only with respect to travel that occurs on or after the effective date of regulations prescribed under such section. SEC. 616. AUTHORITY TO TRANSPORT VEHICLES LEASED BY MEMBERS OF THE ARMED FORCES

(a) PCS MOVES.—Section 2634 of title 10, United States Code, is amended— (1) by inserting "or leased" after "owned" both places it appears in the matter in subsection (a) preceding paragraph (1); and (2) by adding at the end the following new subsection: >'" "(e) The Secretary of Defense (and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) may prescribe regulations limiting those leased motor vehicles that may be transported pursuant to this section based upon the length of the lease and other terms and conditions of the lease that the Secretary considers appropriate.". (b) OTHER MOVES.—Section 406(h)(1)(B) of title 37, United States Code, is amended by inserting "or leased" after "owned". SEC. 617. REIMBURSEMENT FOR TRAVEL AND TRANSPORTATION EXPENSES WHEN ACCOMPANYING MEMBERS OF CONGRESS (a) MEMBERS OF THE ARMED FORCES.—Section 404 of title 37,

United States Code, is amended by adding at the end the following new subsection: "(h)(1) Subject to paragraph (2), a member of the armed forces accompanying a Member of Congress or a congressional employee on official travel may be authorized reimbursement for actual travel and transportation expenses incurred for such travel. "(2) The reimbursement authorized in paragraph (1) may be paid— "(A) at a rate that does not exceed the rate approved for official congressional travel; and 55^>-.=»-. tri •?_;:!.C^T^W^ %f^w.

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/111

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1097

"(B) only when the travel of the member is directed or approved by the Secretary of Defense or the Secretary concerned. "(3) In this subsection: "(A) The term 'Member of Congress' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. "(B) The term 'congressional employee' means an employee of a Member of Congress or an employee of Congress.". (b) CiviuAN EMPLOYEES.—(1) Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: "§ 1591. Reimbursement for travel and transportation expenses lo use 1591. when accompanying Members of Congress "(a) Subject to subsection (b), the Secretary concerned may authorize reimbursement to a civilian employee who is accompanying a Member of Congress or a congressional employee on official travel for actual travel and transportation expenses incurred for such travel. "(b) The allowance provided in subsection (a) may be paid— "(1) at a rate that does not exceed the rate approved for official congressional travel; and "(2) only when the travel of the member is directed or approved by the Secretary concerned. "(c) In this section: "(1) The term 'Member of Congress' means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. "(2) The term 'congressional employee' means an employee of a Member of Congress or an employee of Congress. "(3) The term 'Secretary concerned' includes the Secretary of Defense with respect to civilian employees of the Department of Defense other than a military department.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1591. Reimbursement for travel and transportation expenses when accompanying Members of Congress.". (c) EFFECTIVE DATES.—Subsection (h) of section 404 of title 37,

lo use I59i United States Code (as added by subsection (a)), and section 1591 of "°*®title 10, United States Code (as added by subsection (b)), shall apply with respect to travel performed after the date of the enactment of this Act. yjjtg

PART C—BONUSES AND SPECIAL AND INCENTIVE PAYS

^,^

SEC. 621. RESTRUCTURING OF CAREER SEA PAY

(a) RATES.—Subsection (b) of section 305a of title 37, United States Code, is amended to read as follows: "(b) The monthly rates for special pay under subsection (a) are as follows: ooi-

(m

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._

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/112

 101 STAT. 1098

PUBLIC LAW 100-180—DEC. 4, 1987 "ENLISTED MEMBERS Years of sea duty "Pay grade

j ^^ less

E-4 E-5 E-6 E-7 E-8 E-9

$50 50 100 100 100 100

Over 1 Over 2 Over 3 Over 4 Over 5 Over 6 $60 60 100 100 100 100

$120 120 120 120 120 120

Over 7 Over 8 Over 9 ? E-4 E-5 E-6 E-7 E-8 E-9

$160 350 350 375 375 375

-qi* "-•,.,.Xi?

Over 14

.

E-4 E-5 E-6 E-7 E-8 E-9

$160 350 410 475 475 475

$160 350 350 390 390 390 Over 16 $160 350 425 500 500 520

$160 350 365 400 400 400

$150 150 150 175 175 175 Over 10

$160 170 170 190 190 190

$160 315 315 350 350 350

Over 11

$160 350 365 400 400 400

Over 12

$160 350 365 410 410 410

$160 325 325 350 350 350 Over 13

$160 350 380 420 420 420

$160 350 395 450 450 450

Over 18 $160 350 450 500 520 520

v.'sjjrv..^

•;.' '/. •

"WARRANT OFFICERS Years of sea duty "Pay grade }°l W-1 W-2 W-3 W-4

,.

$130 150 150 150

Over 1 Over 2 Over 3 Over 4 Over 5 Over 6 $135 150 150 150

$140 150 150 150

Over 7 Over 8 Over 9 W-1 W-2 W-3 W-4 m m& (a) ooxte--^ • W-1 W-2

$250 265 285 310

$270 270 290 310

$300 310 310 310

Over 16

Over 18

Over 20

$375 400

$375 400

$375 400

$150 150 150 150 Over 10 $325 340 350 350

$170

$175

$200

170 170 170

260 270 290

265 280 310

Over 11

Over 12

Over 13

$325

$340

$360

340 375 375

375 400 400

400 425 450

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/113

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1099

"WARRA^^^ OFFICERS—Continued

Years of sea duty "Pay grade

Over 18

Over 20

425 450

W-3 W-4

Over 16

450 500

450 500

"OFFICERS

Years of sea duty "Pay grade

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

Over 3

Over 4

Over 5

Over 6

Over 7

Over 8

Over 9

$160 160 160 190 225 230

$185 185 185 200 225 230

$190 190 190 205 225 240

$195 195 195 215 230 255

$205 205 205 220 245 265

Over 10 0-1 0-2 0-3 0-4 0-5 0-6

$150 150 150 185 225 225

$215 215 215 220 250 280

Over 11

Over 12

Over 14

Over 16

Over 18

Over 20

$225 225 225 225 260 290

$225 225 225 225 265 300

$240 240 240 240 265 310

$250 250 260 270 285 325

$260 260 270 280 300 340

$270 270 280 290 315 355

$280 280 290 300 340 380".

(b) CAREER SEA PAY PREMIUM.—Subsection (c) of such section is amended by inserting "(other than an enlisted member in a pay grade above E-4 with more than five years of sea duty)" after sea duty" the first place it appears. (c) DEFINITION OF SEA DUTY.—Subsection (d) of such section is amended to read as follows: "(d)(1) In this section, the term 'sea duty' means duty performed by a member— "(A) while permanently or temporarily assigned to a ship, ship-based staff, or ship-based aviation unit and while serving on a ship the primary mission of which is accomplished while under way or while serving as a member of the off-crew of a two-crewed submarine; or "(B) while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport. "(2) For the purpose of determining the years of sea duty with which a member may be credited for purposes of this section, the term 'sea duty' also includes duty performed on or after the effective date specified in section 621(e)(l) of the National Defense Authorization Act for Fiscal Year 1988 by a member while permanently or

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/114

 101 STAT. 1100

37 USC 305a note.

37 USC 305a "o*«-

37 USC 305a no^-

PUBLIC LAW 100-180—DEC. 4, 1987

temporarily assigned to a ship or ship-based staff and while serving on a ship on which the member would be entitled, during a period that the ship is away from its homeport, to receive sea pay by reeison of paragraph (1)(B). "(3) A ship shall be considered to be away from its homeport for purposes of this subsection when it is— "(A) at sea; or "(B) in a port that is more than 50 miles from its homeport.". (d) SAVE PAY.—A member of the uniformed services who at any time during the three-month period ending on the day before the effective date applicable to that member under subsection (e) for the new rates of career sea pay is entitled to career sea pay at a rate that is higher than the rate established under such new rates for the member's pay grade and years of sea duty shall be paid such special pay, when entitled to receive it, at such higher rate until the member is permanently reassigned to duty for which the member is not entitled to such special pay. In the case of a member covered by the preceding sentence who is reduced in grade under the Uniform Code of Military Justice (chapter 47 of title 10, United States Code), the old rate of career sea pay applicable to such member under the preceding sentence which may be paid in lieu of the rate applicable to the member under the new rates of career sea pay shall be the rate under the old rates of career sea pay for the member's pay grade as so reduced and the member's years of sea duty. (e) EFFECTIVE DATE.—(1) Except as provided under paragraph (2), the amendments m a d e by t h i s section shall t a k e effect on the first day of the first month beginning after the date of the e n a c t m e n t of t h i s Act and shall apply w i t h respect to d u t y performed on or after

that date. (2) The new rates of career sea pay that are applicable to enlisted members in pay grades above pay grade E-4 who have five or more years of sea duty and the amendment made by subsection (b) shall take effect on the first day of the fourth month beginning after the effective date specified under paragraph (1). In the case of such members, the old rates of career sea pay shall remain in effect until the new rates take effect under the preceding sentence. (f) DEFINITIONS.—For purposes of subsections (d) and (e): (1) The term "career sea pay" means special pay under _ section 305a of title 37, United States Code. (2) The term "old rates", with respect to career sea pay, ^ means the rates of such pay in effect on the date of the enactment of this Act. (3) The term "new rates", with respect to career sea pay, means the rates of such pay provided by the amendment made by subsection (a). SEC. 622. SPECIAL PAY FOR AVIATION CAREER OFFICERS (a) IN GENERAL.—(1) Subsection (a) of section 301b of title 37, United States Code, is amended by striking out clause (5) of the first sentence and all that follows through the second sentence and inserting in lieu thereof the following: "(5) has not previously been paid special pay authorized by this section; "(6) executes a written agreement to remain on active duty in aviation service for at least one year; and .(Q "(7) is in an aviation specialty designated as critical,

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/115

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1101

may, upon the acceptance of the written agreement by the Secretary of Defense or the Secretary of Transportation, as appropriate, be paid an amount not to exceed $4,000 for each year covered by the agreement if the officer agrees to remain on active duty for one year, two years, or three years, or an amount not to exceed $6,000 for each year covered by the agreement if the officer agrees to remain on active duty for four years.". (2) Subsection (e) of such section is amended to read as follows: " "(e)(1) During the period beginning on October 1, 1987, and ending on September 30, 1989, an agreement under this section may be accepted only— "(A) from an officer of the Navy who meets the conditions set ':, forth in subsection (a) and who has completed fewer than 11 ' years of active duty; and ^ "(B) if the agreement requires the officer to remain on active duty in aviation service for three years or for four years. "(2) An agreement that requires an officer to remain on active duty in aviation service for six years may also be accepted during such period if the officer meets the conditions set forth in subsection (a) and has completed fewer than eight years of active duty. An officer from whom such an agreement is accepted may be paid an amount not to exceed $6,000 for each year covered by the agreement.". (3) Subsection (f) of such section is amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1989". (b) EFFECTIVE DATE.—(1) The amendments made by subsection (a) 37 USC 30ib to subsections (a), (e), and (f) of section 301b of title 37, United States note. Code, shall apply to agreements entered into on or after October 1, 1987, and special pay may be paid as if such amendments were in effect on such date. (2) Such amendments shall not affect an agreement entered into under such section as in effect on September 30, 1987, and the provisions of such section as in effect on such day shall continue to apply with respect to such agreement. „.,, SEC. 623. SUBMARINE DUTY INCENTIVE PAY (a) MARINE CORPS COVERAGE.—Subsection (a) of section 301c of

title 37, United States Code, is amended by striking out "Navy" and inserting in lieu thereof "naval service". (b) INCREASED RATES.—Subsection (b) of such section is amended to read as follows: "(b) A member who meets the requirements prescribed in subsection (a) is entitled to monthly submarine duty incentive pay as follows: "(b) The monthly rates for special pay under subsection (a) are as follows: ?.eS|

c'm

"ENLISTED MEMBERS

--

— '>>-Q

Years of service computed under section 205

/'»?

g or

Over

Over

Over

Over

Over

Over

less E-9 E-8

"Pay grade

2

3

4

6

8

10

$225 225

$225 225

$225 225

$270 250

$295 270

$310 295

$315 310

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/116

 101 STAT. 1102

PUBLIC LAW 100-180—DEC. 4, 1987 "ENLISTED MEMBERS-Continued Years of service computed under section 205 "Pay grade

E-7 E-6 E-5 E-4 E-3 E-2 E-1

2 or less 225 155 140 80 80 75 75

-*:fc:2

Over 12

E-9 E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

$330 315 295 265 195 175 90 90 75

Over 2 225 170 155 95 90 90 75 Over 14 $345 330 310 265 195 175 90 90 75

Over 3

Over 4

225 175 155 100 100 90 75 Over 16 $355 330 310 265 195 175 90 90 75

250 215 175 170 170 90 75 Over 18 $355 345 310 265 195 175 90 90 75

Over 6 255 230 190 175 175 90 75 Over 20 $355 345 310 265 195 175 90 90 75

Over 8 265 245 195 175 175 90 75 Over 22 $355 345 310 265 195 175 90 90 75

Over 10 275 255 195 175 90 90 75 Over 26 $355 345 310 265 195 175 90 90 75

"COMMISSIONED OFFICERS Years of service computed under section 205 "Pay grade

0-10 0-9 0-8 0-7 0-6 0-5 0-4 0-3 0-2 0-1

2 or less $355 355 355 355 595 595 365 355 235 175

Over 2 $355 355 355 355 595 595 365 355 235 175

Over 12 0-10 0-9 0-8 0-7 0-6 0-5 0-4 0-3 0-2 0-1

Over 14

$355 355 355 355 595 595 595 595 355 355

$355 355 355 355 595 595 595 595 355 355

Over 3 $355 355 355 355 595 595 365 355 235 175 Over 16 $355 355 355 540 595 595 595 595 355 355

Over 4 $355 355 355 355 595 595 405 390 235 175 Over 18 $355 355 355 535 595 595 595 595 355 355

Over 6 $355 355 355 355 595 595 595 595 235 175 Over 20 $355 355 355 535 595 595 595 595 355 355

Over 8 $355 355 355 355 595 595 595 595 235 175 Over 22 $355 355 355 410 595 595 595 595 355 355

Over 10 $355 355 355 355 595 595 595 595 355 355 Over 26 $355 355 355 355 595 595 595 595 355 355

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/117

 PUBLIC LAW 100-180—DEC. 4, 1987 "WARRANT OFFICERS

>

101 STAT. 1103 V

Years of service computed under section 205 ^ "

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

g or less

Over 2

Over 3

Over 4

Over 6

Over 8

$235 235 235 235

$310 310 310 310

$310 310 310 310

$365 355 355 355

$355 355 355 355

$355 355 355 355

Over 12

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

"Pay grade

Over 10

Over 14

Over 16

Over 18

Over 20

Over 22

Over 26

$355 355 355 355

$355 355 355 355

$355 355 355 355

$355 355 355 355

$355 355 355 355

$355 355 355 355

$355 355 355 355"

$355 355 355 355

(c) EFFECTIVE DATE.—(1) Subject to paragraph (2), the amendments 37 USC 30lc made by this section shall take effect on the first day of the first "°*6month beginning after the date of the enactment of this Act and shall apply only with respect to duty performed on or after that date. (2) The amendments made by this section shall take effect only if legislation as described in section 3(c) is enacted. SEC. 624. DIVING PAY FOR MEMBERS OF RESERVE COMPONENTS (a) IN GENERAL.—Section 304 of title 37, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): "(d)(1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when a member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under section 206 of this title performs diving duty, pursuant to orders, such member is entitled to an increase in compensation equal to Vao of the monthly special pay prescribed by the Secretary concerned for the performance of diving duty by a member of comparable diving classification who is entitled to basic pay under section 204 of this title. Such member is entitled to the increase— "(A) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; or

!SI'!.T..M:..

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/118

 101 STAT. 1104

PUBLIC LAW 100-180—DEC. 4, 1987

"(B) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. "(2) This subsection does not apply to a member who is entitled to bsisic pay under section 204 of this title.". 37 USC 304 note. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the first day of the fourth calendar month following the month in which this Act is enacted and shall apply only with respect to diving duty performed on or after that date. SEC. 625. SELECTIVE RENLISTMENT BONUSES (a) IN GENERAL.—Paragraph (1) of section 308(b) of title 37, United States Code, is amended to read as follows: "(1) Bonus payments authorized under this section may be paid in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of the total bonus amount.'. 37 USC 308 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to bonuses paid for reenlistment or extension of enlistment agreements entered into after September 30, 3-08 -jci^ T 1987. & SEC. 626. EXTENSION OF ENLISTMENT AND RENLISTMENT BONUS AUTHORITIES (a)

FIVE-YEAR EXTENSION OF ACTIVE-DUTY BONUSES.—Sections

308(g), 308a(c), and 308ftc) of title 37, United States Code, are amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1992'' (b) THREE-YEAR EXTENSION OF RESERVE COMPONENT BONUSES.—

37 USC 308 note.

Sections 308b(g), 308c(f), 308e(e), 308g(h), 308h(g), and 308i(i) of such t?tle are amended by striking out "September 30, 1987" and inserting in lieu thereof "September 30, 1990". (c) COVERAGE OF PERIOD OF LAPSED AUTHORITY.—(1) The Secretary concerned, in the case of any person who during the period beginning on October 1, 1987, and ending on the date of the enactment of this Act would have qualified for an agreement with the Secretary described in paragraph (2) but for the fact that the authority for the payment of bonuses provided by that section had lapsed, shall pay to that person a bonus under the terms of the appropriate section speci^ed in that paragraph (and related regulations) as in effect on September 30, 1987. (2) An agreement referred to in paragraph (1) is an agreement with the Secretary for the payment of a bonus under section 308, 308a, 308b, 308c, 308e, 308f, 308g, 308h, or 308i of title 37, United States Code. . itj/^t ro: /; PART D—MISCELLANEOUS SEC. 631. AUTHORITY FOR CERTAIN REMARRIED SURVIVOR BENEFIT

10 USC 1448 note.

PLAN PARTICIPANTS TO WITHDRAW FROM PLAN (a) AUTHORITY TO WITHDRAW.—(1) An individual who is a participant in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, and is described in paragraph (2) may, with the consent of such individual's spouse, withdraw from participation in the Plan. (2) An individual referred to in paragraph (1) is an individual who—

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/119

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1105

"

(A) is providing coverage for a spouse or for a spouse and child under the Plan; and (B) remarried before March 1, 1986, and at a time when such ^ individual was a participant in the Plan but did not have an eligible spouse beneficiary under the Plan. (b) APPLICABLE PROVISIONS.—An election under subsection (a) shall be subject to subparagraphs (B) and (D) of section 1448(a)(6) of title 10, United States Code, except that in applying such subparagraph (B) to subsection (a), the one-year period referred to in clause (ii) of such subparagraph shall extend until the end of the one-year period beginning 90 days after the date of the enactment of this Act. (c) TREATMENT OF PRIOR CONTRIBUTIONS.—No refund of amounts by which the retired pay of a participant in the Survivor Benefit Plan has been reduced by reason of section 1452 of title 10, United States Code, may be made to an individual who withdraws from the Survivor Benefit Plan under subsection (a).

^&^- 'Muvt

.stos:

SEC. 632. LAW APPLICABLE TO OCCUPANCY BY COAST GUARD PERSONNEL OF SUBSTANDARD FAMILY HOUSING UNITS

(a) IN GENERAL.—Section 2830 of title 10, United States Code, is amended— (1) by striking out "the Secretary of a military department" in subsection (a) and inserting in lieu thereof "the Secretary concerned"; (2) by striking out "Subject to" in subsection (b) and all that follows through "military department" and inserting in lieu thereof "(1) The Secretary concerned"; and (3) by adding at the end of subsection (b) the following new paragraph: "(2) The authority to enter into leases under paragraph (1) shall be exercised— "(A) in the case of a lease by the Secretary of a military
 * department, subject to regulations prescribed by the Secretary

of Defense; and . "(B) in the case of a lease by the Secretary of Transportation ' with respect to the Coast Guard when it is not operating as a service in the Navy, subject to regulations prescribed by that Secretary.". (b) CONFORMING AMENDMENTS.—(1) Section 2801(d) of such title is amended by inserting "(other than section 2830)" after "This chapter". (2) Section 475 of title 14, United States Code, is amended— (A) by striking out subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. SEC. 633. COLLECTION OF AMOUNTS OWED TO SERVICE SOCIETIES FROM FINAL PAY OF MEMBERS

 * ^ mi

RELIEF

(a) COLLECTION OF AMOUNTS OWED R E U E F SOCIETIES.—Section

1007 of title 37, United States Code, is amended by adding at the end the following new subsection: "(h)(1) Upon request by a service relief society and subject to paragraph (2), an amount owed by a member of the uniformed services to the relief society may be deducted from the pay on final statement of such member and paid to that relief society. "(2) An amount may not be deducted under paragraph (1) from the pay of a member unless the Secretary concerned makes a deter-

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/120

 101 STAT. 1106

37 USC 1007 note.

PUBLIC LAW 100-180—DEC. 4, 1987

mination of the amount owed in accordance with the regulations prescribed under subsection (c). Any amount determined to be owed to a service relief society under this paragraph shall be considered an amount that the member is administratively determined to owe the United States under subsection (c) and shall be collectible in accordance with such subsection. "(3) The Secretaries concerned shall prescribe regulations to carry out this subsection. "(4) In this subsection, the term 'service relief society' means the Army Emergency Relief, the Air Force Aid Society, the Navy Relief Society, or the Coast Guard Mutual Assistance.". (b) EFFECTIVE DATE.—Subsection (h) of section 1007 of title 37, United States Code (as added by subsection (a)), shall apply with respect to debts incurred by members of the uniformed services after the date of the enactment of this Act. SEC. 634. LIMITATION ON RESERVE UNIT AND INDIVIDUAL TRAINING FUNDING FOR FISCAL YEAR 1988

During fiscal year 1988, the amount appropriated for reserve unit and individual training may not exceed $4,644,582,000. SEC. 635. EXPANSION OF MILITARY SPOUSE EMPLOYMENT PREFERENCE

Section 8060t)X2) of the Military Family Act of 1985 (10 U.S.C. 113 note), is amended by striking out "GS-4" and inserting in lieu thereof "GS-1". SEC. 636. REDUCTION IN AGE FOR NONTERMINATION OF SBP SURVIVING SPOUSE ANNUITY AFTER REMARRIAGE (a) RESUMPTION OF ANNUITY UPON TERMINATION OF DIG FOR

10 USC 1450 ^°^10 USC 1450. 10 USC 113 note.

REMARRIAGE.—Section 1450(k)(l) of title 10, United States Code, is amended by striking out "60" and inserting in lieu thereof "55". (b) APPLICABILTTY.-The amendment made by subsection (a) shall apply as if included in the amendments made by section 643(a) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3886). SEC. 637. REGULATIONS REGARDING EMPLOYMENT AND VOLUNTEER WORK OF SPOUSES OF MILITARY PERSONNEL

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to establish the policy that— (1) the decision by a spouse of a member of the Armed Forces i to be employed or to voluntarily participate in activities relating to the Armed Forces should not be influenced by the preferences or requirements of the Armed Forces; and (2) neither such decision nor the marital status of a member of the Armed Forces should have an effect on the assignment or promotion opportunities of the member. 10 USC 113 note.

SEC. 638. TEST PROGRAM EXPENSES

FOR REIMBURSEMENT

FOR ADOPTION

(a) TEST PROGRAM.—The Secretary of Defense shall establish a test program under which a member of the Armed Forces may be reimbuiied, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age. (b) ADOPTIONS COVERED.—An adoption for which expenses may be reimbursed under this section includes an adoption by a single

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/121

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1107

person, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act (42 U.S.C. 673(c)). (c) BENEFITS PAID AFTER ADOPTION IS FINAL.—Benefits paid under this section in the case of an adoption may be paid only after the adoption is final. (d) TREATMENT OF OTHER BENEFITS.—A benefit may not be paid under this section for any expense paid to or for a member of the Armed Forces under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government. (e) LIMITATIONS.—(1) Not more than $2,000 may be paid to a member of the Armed Forces under this section for expenses incurred in the adoption of a child. (2) Not more than $5,000 may be paid to a member of the Armed Forces under this section for adoptions by such member in any calendar year. (f) REGULATIONS.—The Secretary shall prescribe regulations to carry out this section. (g) DEFINITIONS.—In this section: (1) The term "qualifying adoption expenses" means reasonable and necessary expenses that are directly related to the legal adoption of a child, but only if such adoption is arranged— (A) by a State or local government agency which has responsibility under State or local law for child placement through adoption; (B) by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption; or (C) through a private placement. (2) The term "qualifying adoption expenses" does not include any expense incurred— (A) for any travel performed outside the United States by an adopting parent, unless such travel— (i) is required by law as a condition of a legal adoption in the country of the child's origin, or is otherwise ' • " necessary for the purpose of qualifying for the adoption of a child; (ii) is necessary for the purpose of assessing the ....,[' '\ health and status of the child to be adopted; or (iii) is necessary for the purpose of escorting the child to be adopted to the United States or the place where the adopting member of the Armed Forces is stationed; or (B) in connection with an adoption arranged in violation of Federal, State, or local law. (3) The term "reasonable and necessary expenses" includes— (A) public and private agency fees, including adoption fees charged by an agency in a foreign country; (B) placement fees, including fees charged adoptive par,..j ents for counseling; (C) legal fees, including court costs; (D) medical expenses, including hospital expenses of a newborn infant, for medical care furnished the adopted child before the adoption, and for physical examinations for ' the adopting parents;

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 101 STAT. 1108

PUBLIC LAW 100-180—DEC. 4, 1987

Qj^fc t A*

(E) expenses relating to pregnancy and childbirth for the biological mother, including counseling, transportation, and maternity home costs; (F) temporary foster care charges when payment of such charges is required to be made immediately before the child s placement; and (G) except as provided in paragraph (2)(A), transportation expenses relating to the adoption, (h) EFFECTIVE DATE AND DURATION OF TEST PROGRAM.—The test program required under this section shall apply with respect to qualifying adoption expenses incurred for adoption proceedings initiated after September 30, 1987, and before October 1, 1989. TITLE VII—HEALTH CARE PROVISIONS 10 USC 1071

Military Health Care Wndmentsof

SEC. 701. SHORT TITLE

This title may be cited as the "Military Health Care Amendments o f 1987". P A R T A — M E D I C A L READINESS

- riCtS

SEC. 711. REVISION OF RESERVE FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAM

(a) IN GENERAL.—Chapter 105 of title 10, United States Code, is amended— (1) by striking out the chapter heading and inserting in lieu thereof the following: , ^

"CHAPTER 105—ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAMS "Subchapter *' - .i..A. r .. _:. . I. Health Professions Scholarship Program for Active Service II. Health Professions Stipend Program for Reserve Service

•

\

g^^, 2120 2128

"SUBCHAPTER I—HEALTH PROFESSIONS SCHOLARSHIP PROGRAM FOR ACTIVE SERVICE"; (2) by striking out "chapter" each place it appears in sections 2120, 2123, 2124, and 2127 and inserting in lieu thereof "subchapter"; and (3) by adding at the end the following new subchapter: . "SUBCHAPTER II—HEALTH PROFESSIONS STIPEND ffOiJfc.....u, PROGRAM FOR RESERVE SERVICE "Sec. "2128. Financial assistance: health-care professionals in reserve components. "2129. Reserve service: required active duty for training. -..-,. "2130. Penalties, limitations, and other administrative provisions.

10 USC 2128.

"§ 2128. Financial assistance: health-care professionals in reserve components "(a) ESTABLISHMENT OF PROGRAM.—For the purpose of obtaining

adequate numbers of commissioned officers in the reserve components who are qualified in health professions specialties critically

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1109

needed in wartime, the Secretary of each military department may establish and maintain a program to provide financial assistance under this subchapter to persons engaged in training in such specialties. Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in training in certain health care specialties in return for a commitment to subsequent service in the Ready Reserve. "(b) PHYSICIANS IN CRITICAL SPECIALTIES.—(1) Under the stipend program under this subchapter, the Secretary of the military department concerned may enter into an agreement with a person who— "(A) is a graduate of a medical school; "(B) is eligible for appointment, designation, or assignment as a medical officer in the Reserve of the armed force concerned; and "(C) is enrolled or has been accepted for enrollment in a residency program for physicians in a medical specialty designated by the Secretary concerned as a specialty critically needed by that military department in wartime. "(2) Under the agreement— "(A) the Secretary shall agree to pay the participant a stipend, in an amount determined under subsection (e), for the period or the remainder of the period of the residency program in which the participant enrolls or is enrolled; "(B) the participant shall not be eligible to receive such stipend before appointment, designation, or assignment as a medical officer for service in the Ready Reserve; "(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and "(D) the participant shall agree to serve, upon successful completion of the program, two years in the Ready Reserve for each year, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement. "(c) REGISTERED NURSES IN CRITICAL SPECIALTIES.—(1) Under the stipend program under this subchapter, the Secretary of the military department concerned may enter into an agreement with a person who— "(A) is a registered nurse; "(B) is eligible for appointment as—

"(j) a Reserve officer for service in the Army Reserve in the Army Nurse Corps; "(ii) a Reserve officer for service in the Naval Reserve in -*s the Navy Nurse Corps; or "(iii) a Reserve officer for service in the Air Force Reserve with a view to designation as an Air Force nurse under section 8067(e) of this title; and "(C) is enrolled or has been accepted for enrollment in an accredited program in nursing in a specialty designated by the Secretary concerned as a specialty critically needed by that military department in wartime. "(2) Under the agreement— "(A) the Secretary shall agree to pay the participant a stipend, in an amount determined under subsection (e), for the

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 101 STAT. 1110

PUBLIC LAW 100-180—DEC. 4, 1987

period or the remainder of the period of the nursing program in which the participant enrolls or is enrolled; "(B) the participant shall not be eligible to receive such stipend before being appointed as a Reserve officer for service in the Ready Reserve— "(i) in the Nurse Corps of the Army or Navy; or "(ii) as an Air Force nurse of the Air Force; r > 4 u^Q ^jjg participant shall be subject to such active duty w« requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and "(D) the participant shall agree to serve, upon successful completion of the program, two years in the Ready Reserve for each year, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement. "(d)

BACCALAUREATE STUDENTS IN NURSING OR OTHER HEALTH

PROFESSIONS.—(1) Under the stipend program under this subchapter, the Secretary of the military department concerned may enter into an agreement with a person who— "(A) will, upon completion of the program, be eligible to be appointed, designated, or assigned as a Reserve officer for duty as a nurse or other health professional; and "(B) is enrolled, or has been accepted for enrollment in the third or fourth year of— "(i) an accredited baccalaureate nursing program; or "(ii) any other accredited baccalaureate program leading to a degree in a health-care profession designated by the , J. Secretary concerned as a profession critically needed by that military department in wartime. "(2) Under the agreement— "(A) the Secretary shall agree to pay the participant a stipend of $100 per month for the period or the remainder of the period of the baccalaureate program in which the participant enrolls or is enrolled; "(B) the participant shall not be eligible to receive such stipend before enlistment in the Ready Reserve; "(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and "(D) the participant shall agree to serve, upon graduation from the baccalaureate program, one year in the Ready Reserve for each year, or part thereof, for which the stipend is paid. "(e) AMOUNT OF STIPEND.—The amount of a stipend under an agreement under subsection (b) or (c) shall be— "(1) the stipend rate in effect for participants in the Armed Forces Health Professions Scholarship Program under section 2121(d) of this title, if the participant has agreed to serve in the Selected Reserve; or "(2) one-half of that rate, if the participant has agreed to serve in the Individual Ready Reserve. "(f) INDIVIDUAL READY RESERVE DEFINED.—In this subchapter, the term Individual Ready Reserve' means that element of the Ready Reserve of an armed force other than the Selected Reserve.

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1111

"§ 2129. Reserve service: required active duty for training 10 USC 2129. "(a) SELECTED RESERVE.—A person who is required under an agreement under section 2128 of this title to serve in the Selected Reserve shall serve not less than 12 days of active duty for training each year during the period of service required by the agreement. "(b) IRR SERVICE.—A person who is required under an agreement under section 2128 of this title to serve in the Individual Ready Reserve shall serve— "(1) not less than 30 days of initial active duty for training; and "(2) not less than five days of active duty for training each year during the period of service required by the agreement. "§ 2130. Penalties, limitations, and other administrative provisions 10 USC 2130. "(a) FAILURE TO COMPLETE PROGRAM OF TRAINING.—(1) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in training, or for other reasons, shall be required, at the discretion of the Secretary concerned— "(A) to perform one year of active duty for each year (or part thereof) for which such person was provided financial assistance under this section; or "(B) to repay the United States an amount equal to the total amount paid to such person under the program. "(2) The Secretary of a military department, under regulations Regulations. prescribed by the Secretary of Defense, may relieve a member participating in the program who is dropped from the program from any requirement that may be imposed under paragraph (1), but such relief shall not relieve him from any military obligation imposed by any other law. "(b) PROHIBITIONS OF DUPUCATE BENEFITS.—Financial assistance may not be provided under this section to a member receiving financial assistance under section 2107 of this title., i: _^fji:, r "(c) REGULATIONS.—This subchapter shall be administered under M><" regulations prescribed by the Secretary of Defense.". (b) CLERICAL AMENDMENTS.—The tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, of title 10, United States Code, are amended by striking out the item relating to chapter 105 and inserting in lieu thereof the following: "105. Armed Forces Health Professions Financial Assistance Programs

2120".

(c) REPEAL OF PRIOR PROGRAM.—(1) Section 672 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 663), is repealed. (2) The repeal of section 672 of the Department of Defense Authorization Act, 1986, by paragraph (1) does not affect an agreement entered into under that section before such repeal, and the provisions of such section as in effect before such repeal shall continue to apply with respect to such agreement. (d) FUNDING LIMIT FOR FISCAL YEAR 1988.—The total amount obligated during fiscal year 1988 under agreements under section 2128 of title 10, United States Code, as added by subsection (a), may not exceed $9,000,000. (e) EFFECTIVE DATES.—(1) The repeal made by subsection (c) shall take effect on the date of the enactment of this Act. (2) An agreement entered into by the Secretary of a military department under section 2128 of title 10, United States Code, as

lo use 2121 note, 2124 note. 10 USC 2121 ^°^-

10 USC 2121 note. 10 USC 2128 note.

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 intelligence he had striven to cultivate, was silent. Is it not of this book, his book, of which he has told her so often in the long evenings when they have sat together, when the mother has gone with Susie to a south-west music hall, that she has been thinking? Has she not learnt by heart the story of the youth and man, the lady—so wondrous a white lady surely never lived in fiction before—of the gentle nun tending wounded men in the wake of war and pestilence, of gallant "sojer" friends, witch-women with amber locks, little children buried at sea, and racy tales, expurgated for her hearing, of camp and bar? Is she not the only one who ever believed implicitly in its greatness and fulfilment? No wonder a plan grew in her little head, and now she has almost carried it to completion. She hurried the old man in, only to note with dismay how feeble his steps, how laboured his breathing had become; and from that day she redoubled her watchfulness of his needs.

Some days later, Dick, sauntering up the Strand from one of his numerous paper offices, was waylaid by an odd little maid with resentful eyes, who gave him a piece of her mind with the uncompromising bluntness of youth. She was too in earnest for him to resent it; besides, she interested him; he had been seeking a type of child-girl for a curtain-raiser, and she hit it off to the life. He watched each expressive gesture, each trick of emphasis and quaintness of idiom, noting them mentally for use; he talked of himself to draw her out.

"Don't you tell me you got to work 'ard"—in spite of the Captain's pains she lapses into her old ways of speech when strongly moved—" you go about in 'ansoms and wear expensive flowers in your button 'ole, an the Captain 'e wants strengthenin' things 'e don't 'ave. I thought I'd tell you, if I was to be killed for it."

And Dick smiled and promised to send a cheque next day, honour

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 101 STAT. 1112 ._..,

.

PUBLIC LAW 100-180—DEC. 4, 1987

added by subsection (a), may not obligate the United States to make a payment for any period before the date of the enactment of this Act. SEC. 712. ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PROGRAM (a) CRITICALLY NEEDED WARTIME SKILLS RESIDENCY REQUIREMENT

OKlSxiai

PERMITTED.—Section 2122 of title 10, United States Code, is amended— , (1) by inserting "(a)" before "To be eligible"; and (2) by adding at the end the following new subsection: "(b) The Secretary of Defense may require, as part of the agreement under subsection (a)(2), that a person must agree to accept, if offered, residency training in a health profession skill which has been designated by the Secretary as a critically needed wartime skill.". (b) 2,500 SCHOLARSHIPS TARGETED FOR CRITICALLY NEEDED WARTIME SKILLS.—

. „ sffoiiskrsaH

10 USC 2124 "°^

(1) IN GENERAL.—Section 2124 of title 10, United States Code, is amended by striking out "except that" and all that follows through the end of the section and inserting in lieu thereof the following: "except that— "(1) the total number of persons so designated in all of the programs authorized by this subchapter shall not, at any time, exceed 6,000; and «(2) of the total number of persons so designated, at legist 2,500 shall be persons— "(A) who are in the final two years of their course of study; and "(B) who have agreed to accept, if offered, residency training in a health profession skill which has been designated by the Secretary as a critically needed wartime (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on October 1, 1989. SEC. 713. EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE (a) COVERAGE OF CERTAIN LOANS TO NURSES.—Subsection (a)(3)

of

section 2172 of title 10, United States Code, is amended by inserting "or under part B of title VIII of such Act (42 U.S.C. 297 et seq.)^ after "seq.)^'. e-ji

..

(b) EXTENSION OF DATE FOR INITIAL APPOINTMENT.—Subsection (d)

LVi:•€

of such section is amended by striking out "October 1, 1988" and inserting in lieu theieof "October 1, 1990". SEC. 714. CONSTRUCTIVE SERVICE CREDIT FOR OFFICERS APPOINTED WITH HEALTH PROFESSIONS EXPERIENCE

(a) REGULAR COMPONENTS.—Section 5330)X1XB) of title 10, United States Code, is simended— (1) by inserting "(i)" after "(B)"; and (2) by adding at the end the following: "(ii) Credit for experience in a health profession (other than lars t)8li PI medicine or dentistry), if such experience will be directly used .'3? n by the armed force concerned.". gcMvOK ' ' (b) ARMY RESERVE.—Section 3353(b)(l)(B) of such title is >

amended —

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1113

(1) by inserting "(i)" after "(B)"; and (2) by adding at the end the following: "(ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the Army.". (c)

NAVAL

RESERVE

AND MARINE

CORPS

RESERVE.—Section

5600(b)(l)(B) of such title is amended— lo use 5600. (1) by inserting "(i)" after "(B)"; and (2) by adding at the end the following: "(ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the Navy or Marine Corps, as appropriate.". St£ft ex- •>•(d) AIR FORCE RESERVE.—Section 8353(b)(1)(B) of such title is amended— (1) by inserting "(i)" after "(B)"; and (2) by adding at the end the following: "(ii) Credit for experience in a health profession (other than medicine or dentistry), if such experience will be directly used by the Air Force.". SEC. 715. STANDBY CAPABILITY FOR SELECTIVE SERVICE REGISTRATION OF HEALTH CARE PERSONNEL

Section 10(h) of the Military Selective Service Act (50 U.S.C. App. 460(h)) is amended— (1) by striking out "If at" and all that follows through "nevertheless," and inserting in lieu thereof "The Selective Service system shall"; and (2) by inserting "(including a structure for registration and classification of persons qualified for practice or employment in a health care occupation essential to the maintenance of the Armed Forces)" after "national emergency". SEC. 716. LIMITED CEILING REMOVAL ON SPECIAL PAY FOR MEDICAL OFFICERS

(a) LIMITED CEIUNG REMOVAL.—Section 302(b) of title 37, United States Code, is amended— (1) by striking out "in an amount not to exceed $8,000" in paragraph (1); (2) by adding at the end of paragraph (1) the following: "No payment to an officer under this subsection may exceed $8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill."; and (3) by striking out paragraph (3). (b) LIMIT ON OBLIGATIONS.—The Secretary concerned may not

obligate funds during fiscal year 1988 for incentive special pay under section 302(b) of such title in an amount which is more than the amount proposed to be available for such purpose in the budget presentation materials submitted to Congress for fiscal year 1988. SEC. 717. AUTHORITY TO RETAIN IN ACTIVE STATUS UNTIL AGE 67 RESERVE OFFICERS IN MEDICAL SPECIALTIES

(a) ARMY PERSONNEL.—Section 3855 of title 10, United States Code, is amended— (1) by inserting "(a)" before "Notwithstanding";

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 101 STAT. 1114

i«(.-.'..-:?

10 USC 6392.

PUBLIC LAW 100-180—DEC. 4, 1987

(2) by striking out ", but not later than the date on which he becomes 60 years of age"; (3) by designating the second sentence as subsection (b); and (4) by adding at the end the following: "(c) An officer may not be retained in an active status under this section later than the date on which the officer becomes 67 years of QgQ (QJ.^ in the case of an officer in the Chaplains, 60 years of age).". Qa) NAVAL PERSONNEL.—(1) Chapter 573 of title 10, United States Code, is amended by inserting after section 6391 the following new section: "§6392. Retention in active Status of certain officers "(a) Notwithstanding any other section of this chapter except subsections (b), (d), and (e) of section 6383, the Secretary of the Navy may, with the officer's consent, retain in an active status emy reserve officer of the Navy who is designated as a medical officer, dental officer, veterinary officer, optometrist, podiatrist, chaplain, nurse, or biomedical sciences officer. "(b) An officer may be retained in an active status under this section only to fill a mission-based requirement. "(c) An officer may not be retained in an active status under this section later than the date on which the officer becomes 67 years of age (or, in the case of an officer in the Chaplain Corps, 60 years of age).". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6391 the following new item: "6392. Retention in active status of certain officers.". (c) AIR FORCE PERSONNEL.—Section 8855

of title 10, United States

Code, is amended— (1) by inserting "(a)" before "Notwithstanding"; (2) by striking out ", but not later than the date on which he becomes 60 years of age"; ^ (3) by designating the second sentence as subsection (b); and (4) by adding at the end the following: "(c) An officer may not be retained in an active status under this section later than the date on which the officer becomes 67 years of age (or, in the case of an officer who is designated as a chaplain, 60 years of age).". (d) CLERICAL AMENDMENTS.—(1)(A) The heading of section 3855 of such title is amended to read as follows: "§ 3855. Retention in active status of certain offlcers". (B) The item relating to that section in the table of sections at the beginning of chapter 363 of such title is amended to read as follows: "3855. Retention in active status of certain officers.".

(2)(A) The heading of section 8855 of such title is amended to read as follows: "§ 8855. Retention in active status of certain officers". (B) The item relating to that section in the table of sections at the beginning of chapter 863 of such title is amended to read as follows: "8855. Retention in active status of certain officers.".

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1115

SEC. 718. AGE FOR INITIAL APPOINTMENT OF RESERVE OFFICERS IN CRITICAL MEDICAL SPECIALTIES

(a) MAXIMUM AGE TO B E NOT LESS THAN 47.—Section 591 of title ,, •. 10, United States Code, is amended by adding at the end the following new subsection: "(e) In prescribing age qualifications under subsection (b) for the appointment of persons as Reserves of the armed forces under his jurisdiction, the Secretary concerned may not prescribe a maximum age qualification of less than 47 years of age for the initial appointment of a person as a Reserve to serve in a health profession specialty which has been designated by the Secretary concerned as a specialty critically needed in wartime,". (b) DEADLINE FOR REGULATIONS.—The Secretary concerned shall lo use 591 note. prescribe regulations implementing subsection (e) of section 591 of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act. SEC. 719. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF MEDICAL OFFICERS

Section 1251 of title 10, United States Code, is amended by adding at the end the following new subsection: "(c)(1) The Secretary concerned may defer the retirement under subsection (a) of a health professions officer if during the period of the deferment the officer will be performing duties consisting primarily of providing patient care or performing other clinical duties. "(2) A deferment under this subsection may not extend beyond the first day of the month following the month in which the officer becomes 67 years of age. "(3) For purposes of this subsection, a health professions officer is— "(A) a medical officer; "(B) a dental officer; or "(C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse.". ''-*•

PART B—PEACETIME HEALTH CARE

_„..

SEC. 721. CATASTROPHIC LOSS PROTECTION UNDER CHAMPUS

(a) ACTIVE DUTY DEPENDENTS.—Section 10790?) of title 10, United States Code, is amended by adding at the end the following new paragraph: > f - 'f'J "(5) An individual or family group of two or more persons covered by this section may not be required by reason of this subsection to pay a total of more than $1,000 for health care received during any fiscal year under a plan under subsection (a).". Ob) RETIREES AND DEPENDENTS.—Section 1086(b) of such title is amended by adding at the end the following new paragraph: "(4) A member or former member of a uniformed service covered by this section by reason of section 10740t)) of this title, or an individual or family group of two or more persons covered by this section, may not be required to pay a total of more than ti $10,000 for health care received during any fiscal year under a plan contracted for under section 1079(a) of this title.". (c) EFFECTIVE DATE.—Paragraph (5) of section 1079(b) of title 10, lo use 1079 United States Code, as added by subsection (a), and paragraph (4) of note.

91-194 O - 90 - 5: QL.3 Part 2

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 101 STAT. 1116

PUBLIC LAW 100-180—DEC. 4, 1987

section 1086(b) of such title, as added by subsection (h\ shall apply with respect to fiscal years beginning after September 30, 1987. 10 USC 1074 note.

SEC. 722. TWO-YEAR PROHIBITION ON FEE FOR OUTPATIENT CARE AT MILITARY MEDICAL TREATMENT FACILITIES

During fiscal years 1988 and 1989, the Secretary of Defense may not impose a fee for the receipt of outpatient medical or dental care at a military medical treatment facility. SEC. 723. ALLOCATION TO HEALTH PROFESSIONS OF SPECIFIED PORTION OF NAVY OFFICER ACCESSIONS AND GROWTH IN END Bm.• STRENGTHS

'>
 * ,', * ' ' I r

.. '^'^® Secretary of the Navy shall ensure that— =; (1) not less than 25 percent of the number of original appointments made in officer grades in the Navy during each of fiscal years 1989 and 1990 shall be made in health profession specialties (or with a view to assignment of the officer to a health m profession specialty); and (2) not less than 15 percent of any increase in authorized end ,;.,, strength for the Navy for each of fiscal years 1989 and 1990 over the end strength of the Navy authorized for fiscal year 1988 shall be dedicated to personnel to be assigned to duty in the health professions. SEC. 724. REVISED DEADLINES FOR THE USE OF DIAGNOSIS-RELATED GROUPS

Section 701(d)(4) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 10 U.S.C. 1101 note) is amended— (1) in subparagraph (A), by striking out "after September 30, 1987" and inserting in lieu thereof not later than October 1, 1988"; and gj. (2) in subparagraph (B), by striking out "after September 30, o 1988" and inserting in lieu thereof 'not later than October 1, 1989". SEC. 725. FEDERAL PREEMPTION REGARDING CONTRACTS FOR MEDICAL AND DENTAL CARE (a) IN GENERAL.—(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: 10 USC 1103.

•i.t

"§ 1103. Contracts for medical and dental care: State and local preemption "(a) The provisions of any contract under this chapter which relate to the nature and extent of coverage of benefits (including payments with respect to benefits) shall preempt any law of a State or local government, or any regulation issued under such a law, which relates to health insurance or plans to the extent that such law or regulation is inconsistent with such contractual provisions. "(b) In this section, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each territory and possession of the United States.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following: "1103. Contracts for medical and dental care: State and local preemption.".

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101 STAT. 1117

(b) APPLICABILITY.—Section 1103 of such title, as added by subsec- lo use 1103 tion (a), shall apply with respect to any contract entered into after "o^e. October 1, 1987. SEC. 726. CHAMPUS COVERAGE FOR SUDDEN INFANT DEATH SYNDROME MONITORING EQUIPMENT

(a) CHAMPUS COVERAGE ALLOWED.—Section 1079(a) of title 10, United States Code, is amended— (1) by striking out "and" at the end of paragraph (13); (2) by striking out the period at the end of paragraph (14) and inserting in lieu thereof; and"; and (3) by adding at the end the following: "(15) electronic cardio-respiratory home monitoring equipment (apnea monitors) for home use may be provided if a, physician prescribes and supervises the use of the monitor for an infant— "(A) who has had an apparent life-threatening event, "(B) who is a subsequent sibling of a victim of sudden infant death syndrome, "(C) whose birth weight was 1,500 grams or less, or "(D) who is a pre-term infant with pathologic apnea, in which case the coverage may include the cost of the equipment, hard copy analysis of physiological alarms, professional visits, diagnostic testing, family training on how to respond to apparent life threatening events, and assistance necessary for proper use of the equipment.". (b) EFFECTIVE DATE.—Paragraph (15) of section 1079(a) of such title, as added by subsection (a), shall apply with respect to costs 10 USC 1079 incurred for home monitoring equipment after the date of the note, enactment of this Act. PART C—HEALTH CARE MANAGEMENT SEC. 731. DEMONSTRATION PROJECT ON MANAGEMENT OF HEALTH CARE IN CATCHMENT AREAS AND OTHER DEMONSTRATION PROJECTS

(a) DEMONSTRATION PROJECTS.—The Secretary of Defense shall conduct projects designed to demonstrate the alternative health care delivery system described in subsection (b). Each military department shall carry out at least one such project. The projects— (1) shall begin during fiscal year 1988, if feasible, and continue for not less than two years; (2) shall each include all covered beneficiaries within one catchment area of a medical facility of the uniformed services; and H (3) shall be designed, with respect to the number and location ^ of demonstration sites and otherwise, to ensure that the results of such projects will likely be representative of the results of a nationwide implementation. Ob) ALTERNATIVE HEALTH CARE DEUVERY SYSTEM.—The alternative health care delivery system referred to in subsection (a) that the projects shall demonstrate is a system under which the commander of a medical facility of the uniformed services is responsible for all funding and all medical care of the covered beneficiaries in the catchment area of the facility. The commander may use any type of health care delivery system, for any scope of coverage, he considers appropriate.

10 USC 1092 note.

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text:
Page:United States Statutes at Large Volume 101 Part 2.djvu/132

 101 STAT. 1118

Contracts. State and local governments.

Reports.

Reports.

PUBLIC LAW 100-180—DEC. 4, 1987

(c) ADDITIONAL DEMONSTRATION PROJECTS REQUIRED.—(1) The Secretary of Defense also shall conduct the projects described in paragraph (2) for the purpose of demonstrating alternatives to providing health care under the military health care system. The demonstration projects shall be carried out in accordance with this subsection. (2) The demonstration projects are as follows: (A) The Tidewater mental health demonstration project (Solicitation No. MDA906-86-C-0001). (B) The Fort Drum demonstration project. (C) The civilian-run primary care clinics known as PRIMUS and NAVCARE. (D) The New Orleans demonstration project, if a contract is awarded as a result of the solicitation issued in fiscal year 1987 (Solicitation No. MDA903-87-R-0047). (E) A fiscal intermediary demonstration project, to be implemented by amending one or more existing Department of Defense contracts with fiscal intermediaries in a State or region to require the intermediary to demonstrate a managed health care network with cost-containment initiatives, such as utilization '^- review, pre-admission screening, second surgical opinions, contracting for care on a discounted basis, and other methods. (F) Catchment area management demonstration projects described in subsection (a). (G) A demonstration project for non-active duty beneficiaries •^ in the catchment area of the Philadelphia Naval Hospital that demonstrates a managed health care network. (3) Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that provides an outline and discussion of the manner in which the Secretary intends to structure and conduct each demonstration project required under this subsection. (4) The Secretary of Defense shall develop a methodology to be used in evaluating the results of the demonstration projects required under this subsection. The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such methodology no later than 30 days after the development of the methodology is completed. (5) Each project required under this subsection shall begin during fiscal year 1988 (or shall continue in the case of a project begun before fiscal year 1988). (6) The Secretary of Defense shall evaluate the demonstration projects required under this subsection, using the methodology developed under paragraph (4), as alternatives to methods of providing health care under the military health care system. (d) AUTHORITY.—For purposes of carrying out this section, the Secretary of Defense may delegate the authority given in sections 1079, 1086, 1092, 1097, 1098, and 1099 of title 10, United States Code. (e) REPORTS.—(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) an interim report on each demonstration project described in this section after such project has been in effect for at least 12 months; and (B) a final report on each such project when each project is completed. (2) Each report shall include—

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