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Senate. However, the retirement age of an officer so appointed is that of a permanent professor of the Academy.". (b) DEPUTY JUDGE ADVOCATE GENERAL AND ASSISTANT JUDGE ADVOCATES GENERAL OF THE NAVY.—Section 5149 of such title is

amended— (1) in subsection (a)— (A) by striking out the first sentence and inserting in lieu thereof the following: "There is a Deputy Judge Advocate General of the Navy who is appointed by the President, by iti? and with the advice and consent of the Senate, from among judge advocates of the Navy and Marine Corps who have the qualifications prescribed for the Judge Advocate Gen*^^ eral."; and (B) by striking out in the second sentence "rank and" and "rank or"; (2) by striking out the second sentence of subsection (b) and inserting in lieu thereof the following: "While so serving, a judge advocate who holds a grade lower than rear admiral (lower half) shall hold the grade of rear admiral (lower half), if he is appointed to that grade by the President, by and with the advice and consent of the Senate."; and (3) by striking out the second sentence of subsection (c) and inserting in lieu thereof the following: "While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general, if he is appointed to that grade by the President, by and with the advice and consent of the Senate.".

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(c) DEAN OF THE FACULTY OF THE UNITED STATES AIR FORCE

ACADEMY.—Section 9335(b) of such title is amended to read as follows: "(b) The Dean has the grade of brigadier general while serving in such position, with the benefits authorized for regular brigadier generals of the Air Force, if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the retirement age of an officer so appointed is that of a permanent professor of the Academy.". (d) ATTENDING PHYSICIAN TO THE CONGRESS.—(1)(A) Chapter 34 of such title is amended by adding at the end the following new section: "§ 600a. Attending Physician to the Congress "While serving as Attending Physician to the Congress, a Reserve who holds a reserve grade lower than major general or rear admiral shall hold the reserve grade of major general or rear admiral, as appropriate, if appointed to that grade by the President, by and with the advice and consent of the Senate.". (B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "600a. Attending Physician to the Congress.".

(2) Section 1374 of such title is amended— (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following new subsection (e): "(e) Unless entitled to a higher grade under another provision of law, a reserve commissioned officer who is transferred to the Retired

10 USC 600a.

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PUBLIC LAW 99-661—NOV. 14, 1986

Reserve after having served in the position of Attending Physician to the Congress is entitled to be placed on the retired list established by section 1376(a) of this title in the grade held by such officer while serving in such position.". (e) CONFORMING AMENDMENT.—The second undesignated paragraph relating to the Office of the Attending Physician under the heading "JOINT ITEMS" in chapter V of the Supplemental Appropriations Act, 1973 (Public Law 92-607; 86 Stat. 1509), is repealed. (f) EFFECTIVE DATE.—The amendments made by this section shall apply only with respect to appointments or details made on or after the date of the enactment of this Act. SEC. 509. POSITION OF STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS

Ante, p. 1051. 10 USC 5046.

(a) IN GENERAL.—(1) Chapter 506 of title 10, United States Code (as enacted by section 513 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)), is amended by adding at the end the following new section: "§ 5046. Staff Judge Advocate to the Commandant of the Marine Corps "(a) An officer of the Marine Corps who is a judge advocate and a member of the bar of a Federal court or the highest court of a State or territory and who has had at least eight years of experience in legal duties as a commissioned officer may be detailed as Staff Judge Advocate to the Commandant of the Marine Corps. While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general if appointed to that grade by the President, by and with the advice and consent of the Senate. "(b) An officer retiring from the position of Staff Judge Advocate to the Commandant of the Marine Corps, after serving at least three years in that position, shall be retired in the highest grade in which that officer served on active duty satisfactorily, as determined by the Secretary of the Navy.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "5046. Staff Judge Advocate to the Commandant of the Marine Corps.".

10 USC 5046 »o*®Retirement. 10 USC 5046 ^

(b) EFFECTIVE DATE.—Section 5046 of title 10, United States Code, as added by subsection (a), shall apply only with respect to appointments as Staff Judge Advocate to the Commandant of the Marine Corps made on or after the date of the enactment of this Act. (d) TRANSITION PROVISION.—Notwithstanding section 1370(a)(2) of title 10, United States Code, an officer serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps, or an equivalent position, on the day before the date of the enactment of this Act, if retired after having served in such position (or equivalent position) at least three years, including any service in such position (or its equivalent) before such date, shall be retired in the highest grade in which the officer served on active duty satisfactorily, as determined by the Secretary of the Navy. SEC. 510. TECHNICAL CORRECTION RELATING TO PERSONNEL ADMINISTRATION AT AIR FORCE INSTITUTE OF TECHNOLOGY Section 9314(b)(2)(B) of title 10, United States Code, is amended by striking out "rates of basic". .„.,..,. ^ .^ v...,

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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SEC. 511. TEMPORARY INCREASE IN THE NUMBER OF GENERAL AND FLAG OFFICERS AUTHORIZED TO BE ON ACTIVE DUTY IN THREE- AND FOUR-STAR GRADES

During fiscal year 1987, the numbers of officers authorized under section 525(b) of title 10, United States Code, to be on active duty in grades above major general and rear admiral are increased as follows: (1) AIR FORCE GENERALS.—The number of officers of the Air

Force authorized to be serving on active duty in the grade of general is increased by one. (2) NAVY VICE ADMIRALS.—The number of officers of the Navy authorized to be serving on active duty in a grade above rear admiral is increased by three. None of the additional officers in grades above rear admiral by reason of this paragraph may be in the grade of admiral. (3) MARINE CORPS GENERAL OFFICERS.—The number of officers of the Marine Corps authorized to be serving on active duty in grades above major general is increased by two. Only one additional officer in a grade above major general by reason of this paragraph may be in the grade of general. SEC. 512. STUDY ON STAFFING SPECIALITIES

OF CRITICAL WARTIME MEDICAL

(a) STUDY.—The Secretary of Defense shall conduct a study of possible actions which could be taken by the Department of Defense or by law to improve staffing of critical wartime medical specialities (including physician, nurse, and enlisted specialities) in both the active and reserve components. The study shall address the desirability of at least the following actions: (1) Extending the mandatory retirement age of medical personnel in the active and reserve components. (2) Extending the age limitations on enlistments and on officer accessions for medical personnel into the active and reserve components. (3) Improving Department of Defense marketing techniques 5 y for attracting medical personnel in critical wartime medical specialities in the active and reserve components. (4) Establishing alternative participation requirements for medical personnel in the reserve components. (b) REPORT.—Not later than March 1, 1987, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection (a). The report shall include specific recommendations for legislative and administrative action with respect to the best methods for improving the staffing of critical wartime medical specialities in both the active and reserve components. SEC. 513. STUDY OF REPRESENTATION OF RELIGIOUS FAITHS IN THE ARMED FORCES

(a) STUDY.—The Secretary of Defense shall carry out a study of the faith composition of the chaplains of the Armed Forces. Such study shall include the following: (1) A statistical listing of the faith composition of the Armed Forces and of the Corps of Chaplains, to include an analysis of how the number of adherents to faith groups is determined.

10 USC 525 note.

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PUBLIC LAW 99-661—NOV. 14, 1986

[2) An analysis of the benefits and detriments to the Armed 'i>' Forces of using the demographic distribution of faiths among members of the Armed Forces as a guide to the faith distribution within the Corps of Chaplains. (3) An analysis of the time devoted by chaplains to such responsibilities as administrative tasks, conduct of religious services, and counseling, with particular emphasis on the time devoted to faith-specific tasks and to non-faith-specific tasks. j (4) An analysis of the personnel policies for managing the Corps of Chaplains (including the separation of chaplains for J failure to achieve promotion), and the effect of these policies upon the faith composition of the Corps of Chaplains, to include I a statistical analysis of the effect on the current faith distribu^; tion within the Armed Forces today if all those chaplains involuntarily released from duty during fiscal years 1980 through 1985 had been retained on active duty until fiscal year ^ (5) An analysis of the benefits and detriments of using grade retentions, continuation boards, and standby tours of duty for reserve chaplains for the purpose of altering the faith composition of the Corps of Chaplains. (6) An explanation of the manner by which chaplains are recruited and the role of organized faith groups in assisting or retarding the recruitment or retention of chaplains. (b) VIEWS OF FAITH GROUP OFFICES.—To the maximum extent
 * 1986.

possible, the Secretary shall seek the views of faith group offices that deal with chaplains. Any written comment received from any such office shall be appended to the report under subsection (c). (c) REPORT.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the study under subsection (a). The report shall include each of the matters described in paragraphs (1) through (6) of such subsection and shall be submitted no later than January 9, 1987. PART B—RESERVE FORCES SEC. 521. INCREASED PRESIDENTIAL AUTHORITY TO AUGMENT ACTIVE FORCES WITH THE SELECTED RESERVE (a) NUMBER OF MEMBERS THAT MAY BE ORDERED TO ACTIVE DUTY

INVOLUNTARILY.—Subsection (c) of section 673b of title 10, United States Code, is amended by striking out "100,000" and inserting in lieu thereof "200,000". (b) AUTHORITY TO EXTEND PERIOD OF CALL-UP.—Such section is further amended by adding at the end the following new subsection: "(i) When a unit of the Selected Reserve, or a member of the Selected Reserve not assigned to a unit organized to serve as a unit of the Selected Reserve, is ordered to active duty under this section and the President determines that an extension of the service of such unit or member on active duty is necessary in the interests of national security, he may authorize 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 to extend the period of such order to active duty for a period of not more than 90 additional days. Whenever the President exercises his authority under this subsection, he shall immediately notify Congress of such action and shall include in the notification a statement of reasons

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for the action. Nothing in this subsection shall be construed as limiting the authorities to terminate the service of units or members ordered to active duty under this section under subsection (g).". (c) TECHNICAL AMENDMENTS.—Such section is further amended— (1) by striking out "Reserve component" in subsection (b) and inserting in lieu thereof "reserve component"; (2) by striking out "Armed Forces" in subsection (e) and inserting in lieu thereof "armed forces"; (3) by striking out "the Speaker" in subsection (f) and all that follows through "Senate" and inserting in lieu thereof "Congress"; and (4) by striking out "a concurrent resolution of the Congress" in subsection (g)(2) and inserting in lieu thereof "law".

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SEC. 522. CONSENT OF GOVERNOR FOR CERTAIN ACTIVE DUTY OF NATIONAL GUARD

Section 672 of title 10, United States Code, is amended by adding Infra. at the end the following new subsection: "(f) The consent of a Governor described in subsections (b) and (d) may not be withheld (in whole or in part) with regard to active duty outside the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.". SEC. 523. TREATMENT OF SINGLE PARENTS ENLISTING IN RESERVE COMPONENTS OF THE ARMED FORCES

(a) IN GENERAL.—In determining under section 510 of title 10, United States Code, whether a person who is applying to enlist in a reserve component of the Armed Forces upon discharge or release from active duty is qualified for enlistment as a Reserve of an Armed Force, the Secretary concerned may not disqualify the person because the person is a single parent if— (1) the person is otherwise qualified for enlistment; (2) the person became a single parent while serving on active duty; and (3) the person's status as a single parent was not a factor in the person's discharge or release from active duty. (b) REQUIREMENTS NOT TO BE MORE STRINGENT.—The Secretary

concerned shall provide that requirements imposed on a person described in subsection (a) with respect to parenthood shall not be more stringent than those imposed on a member who becomes a single parent during the term of the member's enlistment. The Secretary concerned may include a requirement for an acceptable written agreement with respect to child care as a prerequisite to enlistment. (c) SINGLE PARENT DEFINED.—In this section, the term "single parent" means a person who is not married and who has custody of a child under the age of 18 pursuant to a court order. (d) EXPIRATION.—This section shall expire on September 30, 1988. SEC. 524. ACTIVE-DUTY STATUS OF RESERVE COMPONENT MEMBERS IN A CAPTIVE STATUS (a) AUTHORITY FOR INVOLUNTARY CALL TO ACTIVE DUTY.—Section

672 of title 10, United States Code (as amended by section 522), is amended by adding at the end the following new subsection: "(g)(l) A member of a reserve component may be ordered to active duty without his consent if the Secretary concerned determines that

10 USC 510 note.

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the member is in a captive status. A member ordered to active duty under this section may not be retained on active duty, without his consent, for more than 30 days after his captive status is terminated. Regulations. "(2) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall apply uniformly among the armed forces under the jurisdiction of the Secretary. A determination for the purposes of this subsection that a member is in a captive status shall be made pursuant to such regulations. "(3) In this section, the term 'captive status' means the status of a member of the armed forces who is in a missing status (as defined in section 551(2) of title 37) which occurs as the result of a hostile action and is related to the member's military status.". 10 USC 672 note. (b) EFFECTIVE DATE.—Section 672(g) of title 10, United States Code, as added by subsection (a), does not authorize a member of a reserve component to be ordered to active duty for a period before the date of the enactment of this Act. PART C—CIVILIAN PERSONNEL SEC. 531. WAIVER OF CIVILIAN PERSONNEL CEILINGS FOR FISCAL YEAR 1987

10 USC 115 note. Ante, p. 1001.

The provisions of section 115(b)(2) of title 10, United States Code (as designated and amended by section 110(b) of the GoldwaterNichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)), shall not apply with respect to fiscal year 1987 or with respect to the appropriation of funds for that year. SEC..532. PROHIBITION ON MANAGING CIVILIAN PERSONNEL BY ENDSTRENGTHS DURING FISCAL YEAR 1987

(a) PROHIBITION.—During fiscal year 1987, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an "end-strength") on the number of such personnel who may be employed on the last day of such fiscal year. (b) FY87 REPORTS.—Not later than February 1, 1987, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the experience of the Department of Defense during fiscal years 1986 and 1987 (to the date of the report) concerning the management of civilian personnel of the Department without a congressionally imposed civilian end strength and with a statutory prohibition on the management during those fiscal years of such civilian personnel by end strength. Each such report shall include the views of the Secretary with respect to the desirability of managing such personnel in such a manner. (c) REPORTS.—(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives quarterly reports on the obligation of funds appropriated for civilian personnel of the Department of Defense for fiscal year 1987. Each report shall include— (A) for each appropriation account, the amounts authorized and appropriated for such personnel for fiscal year 1987; (B) for each appropriation account and for the entire Department— (i) the actual number of such personnel employed, and the amount of funds obligated for such personnel, as of the
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•

100 STAT. 3873

end of each month of the fiscal year quarter described in the report; and (ii) the projected number of such personnel to be employed, and the amount of funds that will be obligated for such personnel, as of the end of fiscal year 1987.

SEC. 533. PROHIBITION ON CONTROLLING PERSONNEL NOT FUNDED BY GOVERNMENT

Section 129 of title 10, United States Code (as redesignated by section 101(a) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)), is amended— Ante, p. 994. (1) by inserting "(a)" at the beginning of the text of such section; and JOV (2) by adding at the end the following: "(b) The number of, and the amount of funds available to be paid ' to, indirectly funded Government employees of the Department of Defense may not be— "(1) subject to any constraint or limitation on the number of such personnel who may be employed on the last day of a fiscal year; UH.;^^HV. lottS .^, "(2) managed on the basis of any end-strength; or "(3) controlled under any policy of the Secretary of a military department for control of civilian manpower resources. "(c) In this section, the term 'indirectly funded Government employees' means civilian employees of the Department of Defense— "(1) who are employed by industrial-type activities or " - •" '"'commercial-type activities described in section 2208 of this title; and "(2) whose salaries and benefits are funded from sources other than appropriated funds.". SEC. 534. REDUCTION IN NUMBER OF YEARS PERSON MUST BE OFF ACTIVE DUTY BEFORE APPOINTMENT AS SERVICE SECRETARY ' Sections 3013(a)(2), 5013(a)(2), and 8013(a)(2) of title 10, United ^,., ^^, States Code (as added by sections 501, 511, and 521, respectively of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)), are amended by striking out "10 years" Ante, pp. 1034, and inserting in lieu thereof "five years". 1042, 1055. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS PART A—PAY AND ALLOWANCES SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1987

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1987 shall not be made. (b) THREE PERCENT INCREASE IN BASIC PAY, BASIC ALLOWANCE FOR QUARTERS, AND BASIC ALLOWANCE FOR SUBSISTENCE.—The rates of

basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3 percent effective on January 1, 1987.

37 USC 1009 ^o^-

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 100 STAT. 3874 Effective date.

PUBLIC LAW 99-661—NOV. 14, 1986 (c) THREE PERCENT INCREASE IN C A D E T AND MIDSHIPMAN

PAY.—

Effective January 1, 1987, section 203(c)<,l) of title 37, United States Code, is amended by striking out "$461.40" and inserting in lieu thereof "$494.40". SEC. 602. AUTHORITY TO PAY ROTC MEMBERS IN ADVANCE FOR FIELD TRAINING

ii"^t?

37 USC 1006 note.

(a) AUTHORITY.—Section 1006 of title 37, United States Code, is amended by adding at the end the following new subsection: "(j) Under regulations prescribed by the Secretary concerned, not more than one month's pay may be paid in advance to a member of the Senior Reserve Officers' Training Corps who is ordered to field training or a practice required under section 2109 of title 10.". (b) EFFECTIVE DATE.—Subsection (j) of title 37, United States Code, as added by subsection (a), shall apply with respect to pay payable for months beginning after the date of the enactment of this Act. SEC. 603. REIMBURSEMENT QUARTERS

Effective date.

(a)

LIMITATION

FOR ACCOMMODATIONS

ON AMOUNT

AVAILABLE

IN

PLACE

OF

FOR REIMBURSEMENTS

DURING FISCAL YEARS 1987 THROUGH 1991.—Effective as of October

Effective date.

1, 1986, section 7572(b)(3) of title 10, United States Code, is amended to read as follows: "(3) The total amount of reimbursement under this subsection may not exceed $1,421,000 for fiscal year 1986 and $1,657,000 for each of the fiscal years 1987 through 1991.". (b) EXTENSION OF AUTHORITY.—Effective as of October 1, 1986, section 3 of Public Law 96-357 (10 U.S.C. 7572 note) is amended by striking out "September 30, 1986" and inserting in lieu thereof "September 30, 1991". SEC. 604. PAY. ALLOWANCES, AND BENEFITS FOR MEMBERS OF THE RESERVE COMPONENTS (a) MEDICAL A N D D E N T A L CARE.—(1) Section 1074a of title 10,

United States Code, is amended to read a s follows: 10 USC 1074a.

" § 1074a. Medical and dental care: m e m b e r s o n duty other than active duty for a period of more than 30 days r>\.. >,- h "(a) Under joint regulations prescribed by the a d m i n i s t e r i n g Sec:.i' I retaries, the following persons a r e entitled to the benefits described in subsection (b): "(1) Each m e m b e r of a uniformed service who incurs or aggravates a n injury, illness, or disease in the line of duty while performing— "(A) active duty for a period of 30 days or less; or "(B) inactive-duty training. "(2) Each m e m b e r of a uniformed service who incurs or aggravates a n injury, illness, or disease while traveling directly '-> to or from the place a t which that m e m b e r is to perform or has performed— "(A) active duty for a period of 30 days or less; or "(B) inactive-duty training. K> "(b) A person described in subsection (a) is entitled to— >> "(1) the medical and dental care a p p r o p r i a t e for the treatxi m e n t of the injury, illness, or disease of that person until the K V resulting disability cannot be materially improved by further hospitalization or t r e a t m e n t; and

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"(2) subsistence during hospitalization. ' ^ "(c) A member is not entitled to benefits under this section if the injury, illness, or disease, or aggravation of an injury, illness, or disease described in subsection (a)(2), is the result of the gross negligence or misconduct of thie member.", (2) The item relating to section 1074a in the table of sections at the beginning of chapter 55 of such title is amended to read as follows: "1074a. Medical and dental care: members on duty other than active duty for a period of more than 30 days.". (b) PAY AND ALLOWANCES FOR DISABLED MEMBERS.—Section 204 of

title 37, United States Code, is amended as follows: (1) Subsections (g) and (h) are amended to read as follows: "(g) A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member— "(1) is called or ordered to active duty for a period of more than 30 days; and "(2) is physically disabled in line of duty from injury, illness, or disease. "(h)(1) A member of a reserve component of a uniformed service is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of income from non-military compensation as a result of an injury, illness, or disease incurred or aggravated— "(A) in line of duty while performing active duty for a period of 30 days or less; "(B) in line of duty while performing inactive-duty training '* (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); or "(C) while traveling directly to or from that duty or training. "(2)(A) Subject to subparagraphs (B) and (C), pay and allowances paid under paragraph (1) shall be in an amount which offsets the loss of income from non-military compensation. "(B) Pay and allowances may not be paid under paragraph (1) to a member who is enrolled in any other income protection insurance plan to the extent that such payment would result in total benefits to the member of more than the demonstrated loss of income from non-military compensation. "(C) The total amount of pay and allowances paid under paragraph (1) and compensation paid under section 206(a) of this title for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for that period. "(3) Pay and allowances may be paid under paragraph (1)— "(A) for a period of not more than six months; or "(B) for a longer period, if the Secretary concerned determines that it is in the interests of fairness and equity to do so. "(4) A member is not entitled to benefits under this subsection if the injury, illness, disease, or aggravation of an injury, illness, or

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disease described in paragraph (1)(C) is the result of the gross misconduct of the member. "(5) Regulations with respect to procedures for paying pay and allowances under paragraph (1) shall be prescribed— "(A) by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary; and "(B) by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the "^ Navy.". (2) Subsection (i) is repealed. (3) Subsection (j) is redesignated as subsection (i). (c) INACTIVE-DUTY TRAINING PAY FOR DISABLED MEMBERS.—Sec-

tion 206(a) of title 37, United States Code, is amended by striking out "entitled to basic pay" the second place it appears and all that follows and inserting in lieu thereof the following: "entitled to basic pay— "(1) 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; i "(2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may e: prescribe; or "(3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of phys,• ical disability resulting from an injury, illness, or disease incurred or aggravated— 1,.,,, "(A) in line of duty while performing— "(i) active duty for a period of 30 days or less; or boh » e "(ii) inactive-duty training; or "(B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member).". (d) RETIREMENT FOR DISABILITY.—(1) Sections 1204 and 1206 of title 10, United States Code, are amended by striking out "resulting from an injury". (2)(A) The heading of section 1204 of such title is amended to read as follows: "§ 1204. Members on active duty for 30 days or less: retirement". (2) The heading of section 1205 of such title is amended to read as follows: "§ 1205. Members on active duty for 30 days or less: temporary disability retired list". (3) The heading of section 1206 of such title is amended to read as follows: "§ 1206. Members on active duty for 30 days or less: separation". (4) The items relating to sections 1204, 1205, and 1206 in the table of sections at the beginning of chapter 61 of such title are amended to read as follows: "1204, Members on active duty for 30 days or less: retirement. "120.5. Members on active duty for 30 days or less: temporary disability retired list. "1206. Members on active duty for 30 days or less: separation.".

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 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3877

(e) DifiATH BENEFITS.—(1) Section 1475(a) of title 10, United States Code, is amended by striking out "from an injury incurred by him after December 31, 1956," in paragraph (3). (2) Section 1476 of such title is amended— (A) by striking out subsection (a) and inserting in lieu thereof the following: "(a)(1) Except as provided in section 1480 of this title, the Secretary concerned shall pay a death gratuity to or for the survivors prescribed in section 1477 of this title of each person who dies within 120 days after discharge or release from— "(A) active duty; or "(B) inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service). "(2) A death gratuity may be paid under paragraph (1) only if the Administrator of Veterans' Affairs determines that the death resulted from an injury or disease incurred or aggravated during— "(A) the active duty or inactive-duty training described in I paragraph (1); or "(B) travel directly to or from such duty."; J (B) by striking out subsection (b); and (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (3) Section 1481(a) of such title is amended— (A) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) a member of a reserve component of an armed force who dies while— "(A) on active duty; "(B) performing inactive-duty training; "(C) performing authorized travel directly to or from active duty or inactive-duty training; or "(D) hospitalized or undergoing treatment for an injury, ^ illness, or disease incurred or aggravated while on active '' duty or performing inactive-duty training;"; and (B) by striking out paragraph (3). (1) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Title 10, United States Code, is amended as follows: (A) Sections 3687, 3721, 3722, 6148, 8687, 8721, and 8722 are repealed. (B)(i) The table of sections at the beginning of chapter 353 is amended by striking out the item relating to section 3687. (ii) The table of sections at the beginning of chapter 355 is amended by striking out the items relating to sections 3721 and 3722. (iii) The table of sections at the beginning of chapter 561 is amended by striking out the item relating to section 6148. (iv) The table of sections at the beginning of chapter 853 is amended by striking out the item relating to section 8687. " (v) The table of sections at the beginning of chapter 855 is amended by striking out the items relating to sections 8721 and 8722 (C) Sections 1076(a)(2)(B) and 1086(c)(2)(B) are amended by striking out "injury or illness" and inserting in lieu thereof "injury, illness, or disease".

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PUBLIC LAW 99-661—NOV. 14, 1986

(D) Sections 3723 and 8723 are amended by striking out "was injured, or contracted a disease," and inserting in lieu thereof "incurred an injury, illness, or disease,". (2)(A) Sections 318, 319, 320, and 321 of title 32, United States Code, are repealed. (B) The table of sections at the beginning of chapter 3 of such title is amended by striking out the items relating to sections 318, 319, 320, and 321. (g) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to persons who, after the date of enactment of this Act, incur or aggravate an injury, illness, or disease or die.

10 USC 3723, 8723.

10 USC 1074a note.

PART B—TRAVEL AND TRANSPORTATION SEC. 611. TRANSPORTATION OF MOTOR VEHICLES FOR MAKING PERMANENT CHANGES OF STATION

MEMBERS

(a) IN GENERAL.—Subsection (a) of section 2634 of title 10, United States Code, is amended— (1) by striking out "in the case o f and all that follows through "debarkation" in paragraph (4) and inserting in lieu thereof "by other surface transportation"; and (2) by striking out ", or his designee," in the second sentence. (b) REVISION TO DEFINITION OF CHANGE OF PERMANENT STATION.—

Armed Forces.

Subsection 0^) of such section is amended to read as follows: "(b) In this section: "(1) The term 'change of permanent station' means the transfer or assignment of a member of the armed forces from a permanent station inside the continental United States to a permanent station outside the continental United States or from a permanent station outside the continental United States to another permanent station. It also includes an authorized change in home port of a vessel, or a transfer or assignment between two permanent stations in the continental United States when the member cannot, because of injury or the conditions of the order, drive the motor vehicle between the permanent duty stations. '• "(2) The term 'continental United States' does not include Alaska.".

10 USC 113 note.

SEC. 612. COORDINATION OF PERMANENT CHANGE OF STATION MOVES WITH SCHOOL YEAR

'

The Secretary of each military department shall establish procedures to ensure that, to the maximum extent practicable within operational and other military requirements, permanent change of station moves for members of the Armed Forces under the jurisdiction of the Secretary who have dependents in elementary or secondary school occur at times that avoid disruption of the school schedules of such dependents.

SEC. 613. LIMITATION ON AMOUNT FOR PCS MOVES DURING FISCAL YEAR Ur 1987

The total amount authorized to be appropriated to the Department of Defense for fiscal year 1987 for permanent change of station moves may not exceed $2,533,760,000.

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100 STAT. 3879

SEC. 614. REIMBURSEMENT FOR ACTUAL LODGING EXPENSES PLUS PER DIEM FOR MEMBERS ENTITLED TO TRAVEL ALLOWANCES

(a) IN GENERAL.—Section 404(d) of title 37, United States Code, is amended— (1) by striking out "per diem in place of subsistence in an amount not more than $50 determined by the Secretaries concerned to be sufficient" in paragraph (1)(B) and inserting in lieu thereof "payment in lieu of subsistence as provided in para»!? tlJo Vu graph (2) of this subsection in an amount sufficient"; (2) by striking out "to be" in paragraph (1)(B) after "travel is"; i;-- and (3) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) Under regulations prescribed by the Secretaries concerned, a member of a uniformed service entitled to travel and transportation allowances under subsection (a) of this section is entitled to any of the following: "(A) A per diem allowance at a rate not to exceed that established by the Secretaries concerned. "(B) Reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Secretaries concerned. "(C) A combination of payments described in subparagraphs (A) and (B) of this paragraph. "(3) A per diem allowance or maximum amount of reimbursement established for purposes of paragraph (2) of this subsection shall be established, to the extent feasible, by locality. "(4) For travel consuming less than a full day, the payment prescribed by regulation under paragraph (2) of this subsection shall be allocated in such manner as the Secretaries concerned prescribe.". (b) EFFECTIVE DATE.—(1) The amendments made by subsection (a) 37 USC 404 note, shall become effective on such date as the President makes a certification that payment of lodging expenses and per diem provided under such amendments would result in overall savings to the United States. If such amendments become effective, they shall apply with respect to travel performed on and after the date of the certification by the President. (2) The President shall cause to be published in the Federal Federal Register a certification made by him under paragraph (1). Register, publication. SEC. 615. TRANSPORTATION AND TRAVEL ALLOWANCES FOR ESCORTS FOR CERTAIN DEPENDENTS

(a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section: "§ 431. Travel and transportation: members escorting certain 37 USC 431. dependents "(a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service may be provided round trip transportation and travel allowances for travel performed or to be performed under competent orders as an escort for the member's dependent when travel by the dependent is authorized by competent authority and the dependent is incapable of traveling alone because of age, mental or physical incapacity, or other extraordinary circumstances.

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PUBLIC LAW 99-661—NOV. 14, 1986

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"(b) Whenever possible, the Military Airlift Command or Military Sealift Command shall be used, on a space-required basis, for the travel authorized by this section.". (2) The table of sections a t the beginning of such chapter is amended by adding a t the end the following new item: vd ',1, "431. Travel and transportation: members escorting certain dependents.'".

37 USC 431 note.

(b) EFFECTIVE DATE.—Section 431 of title 37, United States Code, as added by subsection (a), shall apply with respect to travel performed after September 30, 1986. SP:C. 616. TRAVEL EXPENSES FOR OVERSEAS DEPENDENTS REQIIRINCJ MEDICAL CARE IN CERTAIN CIRCUMSTANCES

10 USC 1040 "ote-

(a) IN GENERAL.—Section 1040(a) of title 10, United States Code, is amended by striking out the comma after " a t t e n d a n t s " and all that follows in the third sentence and inserting in lieu thereof a period and the following: "In addition to transportation of a dependent at the expense of the United States authorized under this subsection, reasonable travel expenses incurred in connection with the transportation of the dependent may be paid at the expense of the United States. Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance.". (b) EFFECTIVE D A T E. — The amendment m a d e by subsection (a) shall apply only to travel performed on or after the date of the e n a c t m e n t of this Act. SEC. 617. PER DIEM FOR DEPENDENTS RECEIVLNd TRANSPORTATION ALLOWANCE

(a) IN GENERAL.—Section 406 of title 37, United States Code, is amended as follows: -sv.i?.1 >'.', (2) 'pj^g fjpg^ sentence of subsection (e) is amended by striking • out ", as the case may be," and inserting in lieu thereof the following: "(as the case may be), plus a per diem,". (2) Subsection (f) is amended by inserting after " m e m b e r " the following: ", plus a per diem for the m e m b e r ' s dependents,". (3) Subsection (g)(1) is amended by inserting after "404(c) of this title " the following: ", and to a per diem for his depend,; ' ents". . (4) Subsection (j) is amended by inserting after "household effects," the following: "plus a per diem for the m e m b e r ' s dependents,". 37 USC 406 note. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to travel performed after the date of the e n a c t m e n t of this Act. • 'M:'!^ IK

SEC. 618. MODIFICATION OF FAMILY SEPARATION ALLOWANCE (a)

DENIAL

OF ALLOWANCE

TO CERTAIN

t?-,

MEMBERS.—(1) Section

427(b) of title 37, United States Code, is amended— (1) by inserting "(1)" after "(b)"; (2) by redesignating paragraph s (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by designating the second sentence as paragraph (2) and striking out "clause (2) or (3)" in that sentence and inserting in lieu thereof " subparagraph (B) or (C) of paragraph (1)"; and (4) by adding a t the end the following:

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100 STAT. 3881

"(3) A member who elects to serve a tour of duty unaccompanied by his dependents at a permanent station to which the movement of, - v.; • his dependents is authorized at the expense of the United States under section 406 of this title is not entitled to an allowance under Ante, p. 3880; this subsection. The Secretary concerned may waive the preceding po^t, p. 3882. sentence in situations in which it would be inequitable to deny the allowance to the member because of unusual family or operational circumstances." (b) SAVINGS PROVISION.—Notwithstanding the amendments made 37 USC 427 note, by subsection (a), a member who on September 30, 1986, was assigned to a permanent station to which the movement of his dependents was authorized at the expense of the United States under section 406 of title 37, United States Code, and who elected to serve a tour of duty at that station unaccompanied by his dependents, shall, until he departs that station as a result of a change of permanent station, be entitled to receive the allowance authorized by section 427(b) of such title without regard to paragraph (3) of such section, as added by subsection (a). SEC. 619, IMPROVED DISLOCATION ALLOWANCE

(a) IN GENERAL.—Section 407 of title 37, United States Code, is amended to read as follows: "§ 407. Travel and transportation allowances: dislocation allowance "(a) Except as provided in subsections Go), (c), and (d) of this section and under regulations prescribed by the Secretary concerned, a member of a uniformed service is entitled to a dislocation allowance equal to the basic allowance for quarters for two months as provided for the member's pay grade and dependency status in section 403 of this title if— -"(1) the member's dependents actually make an authorized move in connection with the member's change of permanent station, including— "(A) a move to join the member at the member's duty station after an unaccompanied tour of duty when the member's next tour of duty is an accompanied tour at the same station; and "(B) a move to a location designated by the member after an accompanied tour of duty when the member's next tour of duty is an unaccompanied tour at the same duty station; "(2) the member's dependents actually move pursuant to section 405a(a), 406(e), 406(h), or 554 of this title; Ante, p. 3880. "(3) the member's dependents actually move from their place of residence under circumstances described in section 406a of this title; or "(4) the member is without dependents and— "(A) actually moves to a new permanent station where not assigned to quarters of the United States; or "(B) actually moves from a place of residence under circumstances described in section 406a of this title. If a dislocation allowance is paid under clause (3) or (4)(B), the member is not entitled to a dislocation allowance under clause (1). "(b) Under regulations prescribed by the Secretary concerned, whenever a member is entitled to a dislocation allowance under subsection (a)(3) or (a)(4)(B) of this section, the member is also entitled to a second dislocation allowance equal to the basic allow-

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PUBLIC LAW 99-661—NOV. 14, 1986

ance for quarters for two months as provided for a member's pay 37 USC 403. grade and dependency status in section 403 of this title if, subsequent to the member or member's dependents actually moving from '*' their place of residence under circumstances described in section 406a of this title, the member or member's dependents complete that move to a new location and then actually move from that new location to another location also under circumstances described in section 406a of this title. If a second dislocation allowance is paid 3=#.i Ti,'i i^ under this subsection, the member is not entitled to a dislocation allowance under subsection (a)(1) of this section in connection with those moves. "(c) A member is not entitled to more than one dislocation allowance during a fiscal year unless— "(1) the Secretary concerned finds that the exigencies of the service require the member to make more than one change of permanent station during the fiscal year; "(2) the member is ordered to a service school as a change of permanent station; "(3) the member's dependents are covered by section 405a(a), Ante, p. 3880. 406(e), 406(h), or 554 of this title; or "(4) the member or the member's dependents are covered by subsection (a)(3), (a)(4)(B), or (b) of this section. This subsection does not apply in time of national emergency declared after April 1, 1975, or in time of war. "(d) A member is not entitled to payment of a dislocation allowance when ordered from his home to the first duty station or from the last duty station to his home. "(e) For purposes of this section, a member whose dependents may not make an authorized move in connection with a change of permanent station is considered a member without dependents." 37 USC 407 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply only to moves which commence on or after that date. SEC. 620. TRANSPORTATION AND STORAGE OF HOUSEHOLD GOODS (a) ADMINISTRATION OF STORAGE OF EXCESS HOUSEHOLD GOODS.—

i «i: 0 >« j

Section 406(d) of title 37, United States Code, is amended by inserting after the second sentence the following new sentence: "In the event a member's baggage and household effects exceed such maximum weight limitation, the Secretary concerned, if requested to do so by the member, may pay the costs for the nontemporary storage of that excess weight and collect the amount paid from the member's pay and allowances, or collect the amount in such other manner as the Secretary concerned determines appropriate.". (b) EARLY RETURN SHIPMENT OF HOUSEHOLD GOODS AND PRIVATELY OWNED MOTOR VEHICLES FROM OVERSEAS,—(1) Section 406 of such

title is amended— (1) by redesignating subsection (1) as subsection (m); and (2) by inserting after subsection (k) the following new subsection (1): "(1) Under uniform regulations prescribed by the Secretaries concerned, a member with dependents who is ordered to make an overseas permanent change of station and who, in anticipation of his dependents accompanying him overseas, ships baggage and household effects to that overseas station, may be authorized a return shipment of the baggage and household effects if, after the shipment, the member's dependents are unable to accompany him over-

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100 STAT. 3883

seas and the Secretary concerned determines that such inability was unexpected and uncontrollable.". (2) Section 2634 of title 10, United States Code, as amended by section 611, is further amended by adding at the end the following new subsection: "(f) When the Secretary concerned makes a determination under section 406(1) of title 37 that the dependents of a member on a Ante, p. 3882. permanent change of station are unable to accompany the member to an overseas duty station because of unexpected and uncontrollable circumstances, and the member shipped a motor vehicle pursuant to this section in anticipation of a dependent accompanying the member to the new duty station, the member may reship or transship such motor vehicle in accordance with this section.". (c) EFFECTIVE DATES.—(1) The amendment made by subsection (a) 37 USC 406 note, shall apply to members whose baggage and household goods enter nontemporary storage on or after the date of the enactment of this Act. (2) The amendments made by subsection (b) shall apply only with respect to members whose dependents are unable to accompany them to an overseas permanent duty station because of circumstances arising on or after the date of the enactment of this Act. PART C—BONUSES AND SPECIAL AND INCENTIVE PAYS SEC. 631. ENHANCED AVIATION OFFICER CONTINUATION PAY

(a) SERVICE FOR QUALIFYING.—Section 301b(e) of title 37, United States Code, is amended— (1) by striking out "less than seven years" in the third .. j^ sentence of paragraph (3), and inserting in lieu thereof "less than eight years"; and (2) by striking out paragraph (4). (b) EFFECTIVE DATE.—The amendments made by subsection (a) 37 USC 30lb shall apply to payments made for periods beginning after the date of note. the enactment of this Act under agreements entered into under section 301b of title 37, United States Code. SEC. 632. INCLUSION OF AVIATION CADETS UNDER AVIATION CAREER INCENTIVE PAY

(a) IN GENERAL.—(1) Section 301a(a)(6) of title 37, United States Code, is amended— (A) by striking out "and" at the end of clause (A); ^,j,_ (B) by striking out the period at the end of clause (B) and inserting in lieu thereof a semicolon and "and"; and (C) by inserting after clause (B) the following new clause: "(C) 'officer' includes an individual enlisted, and designated, as an aviation cadet under section 6911 of title 10.". (2) Section 301a(b)(l) of such title is amended by striking out "an officer in pay grades 0 - 1 through O-IO" and inserting in lieu thereof "a member". (b) EFFECTIVE DATE.—The amendments made by subsection (a) 37 USC 301a shall apply only with respect to those members of the Armed Forces ^°^who are aviation cadets on or after the date of the enactment of this Act. Service as an aviation cadet before that date shall not be counted for any purpose under section 301a of title 37, United States Code.

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PUBLIC LAW 99-661—NOV. 14, 1986

SEC. 633. SPECIAL AUTHORITY RELATING TO THE PAYMENT OF SELECTED RESERVE ENLISTMENT BONUS

" ^

116:

(a) IN GENERAL.—The Secretary concerned may pay an enlistment bonus under section 308c of title 37, United States Code, to any person who enlisted in the Selected Reserve of the Ready Reserve of an Armed Force during the period beginning on October 1, 1985, and ending on November 8, 1985, if such person— (1) has not been paid an enlistment or reenlistment bonus under section 308c or 308b of title 37, United States Code, since that period; and (2) enlisted in the good faith belief (as determined by the Secretary concerned) that he would be paid an enlistment bonus under section 308c of title 37, United States Code. (b) DEFINITION.—As used in subsection (a), the term "Secretary concerned" has the meaning provided in section 101(5) of title 37, United States Code. SEC. 634. SPECIAL PAY LANGUAGES

FOR

MEMBERS

PROFICIENT IN

FOREIGN

(a) AUTHORITY FOR SPECIAL PAY.—(1) Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 37 USC 316. Ante, p. 3875.

"

Ante, p. 3876. ''

"§ 316. Special pay: foreign language proficiency pay "(a) A member of the armed forces— "(1) who is entitled to basic pay under section 204 of this title; "(2) who has been certified by the Secretary concerned within t the past 12 months to be proficient in a foreign language [ identified by the Secretary of Defense as being a language in which it is necessary to have personnel proficient because of national defense considerations; and "(3) who— "(A) is qualified in a military specialty requiring such ^ ^ proficiency; "(B) received training, under regulations prescribed by the Secretary concerned, designed to develop such proWAW ficiency; "(C) is assigned to military duties requiring such a proficiency; or ''^' "(D) is proficient in a foreign language for which the Department of Defense may have a critical need (as determined by the Secretary of Defense), may be paid special pay under this section in addition to any other pay or allowance to which the member is entitled. "(b) The monthly rate for special pay under subsection (a) shall be determined by the Secretary concerned and may not exceed $100. "(c)(1) Under regulations prescribed by the Secretary concerned, when a member of a reserve component who is entitled to compensation under section 206 of this title meets the requirements for special pay authorized in subsection (a), except the requirement prescribed in subsection (a)(D, the member may be paid an increase in compensation equal to one-thirtieth of the monthly special pay authorized under subsection (b) for a member who is entitled to basic pay under section 204 of this title. "(2) A member eligible for increased compensation under paragraph (1) shall be paid such increase—

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 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3885

. >,

««(^) fQj. g^jjjj regular period of instruction, or period of appropriate duty, in which he is engaged for at least two hours, including instruction received or duty performed on a Sunday or holiday; and "(B) for each period of performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary concerned may prescribe. "(3) This subsection does not apply to a member who is entitled to basic pay under section 204 of this title. Ante, p. 3875. "(d) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "316. Special pay: foreign language proficiency pay.".

(b) EFFECTIVE DATE.—Section 316 of title 37, United States Code, 37 USC 316 note, as added by subsection (a), shall take effect on the date of the enactment of this Act, and shall apply with respect to pay periods beginning on or after that date. (c) LIMITATIONS ON OBLIGATIONS.—Not more than $7,300,000 may be obligated or expended for the payment of the special pay authorized by section 316 of title 37, United States Code (as added by this section), during fiscal year 1987, and not more than $9,000,000 may be obligated or expended for such purpose during fiscal year 1988. PART D—BENEFITS FOR SURVIVORS AND FORMER SPOUSES SEC. 641. COURT-ORDERED SURVIVOR ANNUITIES FOR FORMER SPOUSES

(a) GENERAL RULE.—Paragraph (4) of section 1450(f) of title 10, United States Code, is amended to read as follows: "(4) A court order may require a person to elect (or to enter into an agreement to elect) under section 1448(b) of this title to provide an annuity to a former spouse (or to both a former spouse and child).". (b) CONFORMING AMENDMENTS.—

(1) Section 1448(b)(5) of such title is amended by inserting "(A) whether the election is being made pursuant to the requirements of a court order, or (B)" after "setting forth". (2) Paragraph (2) of section 1450(f) of such title is amended— ,« (A) by striking out "enters into" and all that follows through "pursuant to such agreement" and inserting in lieu thereof "is required by a court order to elect under '*** * section 1448(b) of this title to provide an annuity to a former spouse (or to both a former spouse and child), or who •.'•"'' enters into a written agreement (whether voluntary or required by a court order) to make such an election, and who makes an election pursuant to such order or agreei; ment,"; (B) by striking out "in a case in which such agreement" at the beginning of subparagraph (A) and inserting in lieu thereof "in a case in which the election is required by a

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10 USC 1450 note.

PUBLIC LAW 99-661—NOV. 14, 1986

court order, or in which an agreement to make the election"; v%, -, (C) by striking out "relating to the agreement to make such election" and inserting in lieu thereof "relating to ,'s, such election, or the agreement to make such election,"; ,, and (D) by striking out "in which such agreement" at the beginning of subparagraph (B) and inserting in lieu thereof "of a written agreement that". (3) Paragraph (3)(A) of such section is amended— (A) by striking out "voluntary" both places it appears; (B) by inserting "or if such person is required by a court order to make such an election," after "applicable State law" the first place it appears; and (C) by inserting "requires such election or" after "on its face, which". (c) EFFECTIVE DATE.—The amendments made by this section apply to court orders issued on or after the date of the enactment of this Act. SEC. 642. ANNUITY FOR A DEPENDENT CHILD

10 USC 1448 note.

(a) REPEAL OF COMMON-ACCIDENT LIMITATION.—(1) Subsection (d)(2) of section 1448 of title 10, United States Code, is amended by striking out "if the member and the member's spouse die as a result of a common accident" and inserting in lieu thereof "if there is no surviving spouse or if the member's surviving spouse subsequently dies". (2) Subsection (f)(2) of such section is amended by striking out "if the person and the person's spouse die as a result of a common accident" and inserting in lieu thereof "if there is no surviving spouse or if the person's surviving spouse subsequently dies". (b) AMOUNT OF ANNUITY FOR DISABLED CHILD OVER AGE 62.—(1) Subsection (a) of section 1451 of such title is amended— (A) by inserting "or is a dependent child" in paragraphs (I)(A) and (2)(A) after "under 62 years of age"; and (B) by inserting "(other than a dependent child)" in paragraphs (1)(B) and (2)(B) after "beneficiary". (2) Subsection (c)(1) of such section is amended— (A) by inserting "or is a dependent child" in subparagraph (A) after "under 62 years of age"; and ^' (B) by inserting "(other than a dependent child)" in subparagraph (B) after "receiving the annuity". (c) EFFECTIVE DATES.—The amendments made by subsection (a) shall apply only to claims arising on or after March 1, 1986. The amendments made by subsection (b) shall apply to payments for periods after February 28, 1986. SEC. 643. AGE AT WHICH REMARRIAGE TERMINATES SPOUSE SURVIVOR BENEFIT

10 USC 1450. 10 USC 1450 note.

(a) REDUCTION FROM AGE 60 TO AGE 55.—Section 1450(b) of such title is amended by striking out "age 60" both places it appears and inserting in lieu thereof "age 55". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to remarriages that occur on or after the date of the enactment of this Act, but only with respect to payments for periods after the date of the enactment of this Act.

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100 STAT. 3887

SEC. 644. REVISION OF DEFINITION OF DISPOSABLE RETIRED PAY FOR PURPOSES OF COURT ORDERS (a) IN GENERAL.—Section 1408(a)(4) of such title is amended— (1) by striking out "(other than" and all that follows through "title) in the matter preceding subparagraph (A); and (2) by striking out subparagraph (E) and inserting in lieu thereof the following: "(E) in the case of a member entitled to retired pay under chapter 61 of this title, are equal to the amount of retired pay of the member under that chapter computed using the percentage of the member's disability on the date when the member was retired (or the date on which the member's name was placed on the temporary disability retired list); or". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to court orders issued after the date of the enactment of this Act. SEC. 645. REVISION OF OPEN PERIOD TO ELECT FORMER SPOUSE AND CHILD COVERAGE Section 716(b) of the Survivor Benefit Plan Amendments of 1985 (title VII of Public Law 99-145; 99 Stat. 674) is amended— (1) by striking out "the date of the enactment of this Act" and inserting in lieu thereof "March 1, 1986,"; (2) by striking out ", within the one-year period beginning on that date of enactment,"; and (3) by adding at the end the following new sentence: "Such an election must be made— "(1) not later than March 1, 1987, in the case of a person who made the election to provide an annuity for a former spouse before November 8, 1985; and "(2) not later than the end of the one-year period beginning on the date of the enactment of the Department of Defense Authorization Act, 1987, in the case of a person who made the election to provide an annuity for a former spouse during the period beginning on November 8, 1985, and ending on February 28, 1986.". SEC. 646. EXTENSION OF MEDICAL BENEFITS FOR CERTAIN FORMER SPOUSES Section 645(c) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2549), is amended by striking out "during the two-year period" and inserting in lieu thereof "until the later of (1) April 1, 1988, and (2) the last day of the two-year period". PART E—MISCELLANEOUS BENEFITS

SEC. 651. TUITION ASSISTANCE FOR ARMY RESERVE COMPONENT OFFICERS (a) IN GENERAL.—Section 2007 of title 10, United States Code, is amended— (1) by inserting "on active duty" in subsection (a)(3) after "a commissioned officer"; and (2) by adding at the end of the following new subsection: "(c)(1) Subject to paragraphs (2) and (3), the Secretary of the Army may pay not more than 75 percent of the charges of an educational institution for the tuition or expenses of an officer in the Selected Reserve of the Army National Guard or the Army Reserve for

10 USC 1408.

10 USC 1201 et ««9-

10 USC 1408 note, 10 USC 1448 note.

10 USC 1072 note.

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 100 STAT. 3888

•

5ij

10 USC 2007 »o*«. ,

r

PUBLIC LAW 99-661—NOV. 14, 1986

education or training of such officer in a program leading to a baccalaureate degree. tuition or expenses of an officer unless the officer agrees to remain a member of the Selected Reserve for at least four years after completion of the education or training for which the charges are paid. "(3) The Secretary may not pay charges under paragraph (1)— "(A) for a warrant officer; or "(B) for an officer on active duty or full-time National Guard duty.", (b) LIMITATION ON AMOUNT FOR FISCAL YEAR 1987.—The total amount obligated by the Secretary of the Army under subsection (c) of section 2007 of title 10, United States Code, as added by subsection (a), during fiscal year 1987 may not exceed $3,000,000. (c) EFFECTIVE DATE.—Subsection (c) of section 2007 of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act. SEC. 652. BENEFITS FOR DEPENDENTS OF CERTAIN SENTENCED, DISCHARGED, OR DISMISSED MEMBERS (a)
 * '(2) The Secretary may not pay charges under paragraph (1) for

TRAVEL AND TRANSPORTATION OF DEPENDENTS.—Paragraph

(2)(A) of section 406(a) of title 37, United States Code, is amended to read as follows: "(2)(A) Except as provided in subparagraph (B) of this paragraph, a member who— "(i) is separated from the service or released from active duty; and "(ii) on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve, may be provided transportation under this subsection for his dependents only by transportation in kind by the least expensive mode of transportation available or by a monetary allowance that does not exceed the cost to the Government of such transportation in kind.". (b) TRANSPORTATION OF HOUSEHOLD EFFECTS.—Section 406(h) of such title is amended— (1) by striking out the first sentence and inserting in lieu thereof the following: "(1) If the Secretary concerned determines that it is in the best interests of a member described in paragraph (2) or the member's dependents and the United States, the Secretary may, when orders directing a change of permanent station for the member concerned have not been issued, or when they have been issued but cannot be used as authority for the transportation of the member's dependents, baggage, and household effects— "(A) authorize the movement of the member's dependents, ••>, baggage, and household effects at the station to an appropriate location in the United States or its possessions or, if the dependents are foreign nationals, to the country of the dependents' origin and prescribe transportation in kind, reimbursement therefor, or a monetary allowance in place thereof, as the case may be, plus a per diem, as authorized under subsection (a) or (b); and "(B) in the case of a member described in paragraph (2)(A), 1 authorize the transportation of one motor vehicle that is owned

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 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3889

'-'v by the member (or a dependent of the member) and is for his dependents' personal use to that location by means of transportation authorized under section 2634 of title 10."; and (2) by adding at the end the following new paragraph: "(2) A member referred to in paragraph (1) is a member who— "(A) is serving at a station outside the United States or in Hawaii. Alaska. Hawaii or Alaska; "(B) receives an administrative discharge under other than honorable conditions; or "(C) is sentenced by a court-martial— "(i) to be confined for a period of more than 30 days, "(ii) to receive a dishonorable or bad-conduct discharge, or "(iii) to be dismissed from a uniformed service, if the sentence is approved under section 860(c)(2) of title 10.". (c) MEDICAL CARE AT D O D FACILITIES.—Section 1076 of title 10, United States Code, is amended by adding at the end the following new subsection: "(e)(1) Subject to paragraph (3), if— "(A) a member of a uniformed service receives a dishonorable or bad-conduct discharge or is dismissed from a uniformed service as a result of a court-martial conviction for an offense involving abuse of a dependent of the member, as determined in accordance with regulations prescribed by the administering Secretary for such uniformed service; and "(B) the abused dependent needs medical or dental care for an injury or illness resulting from the abuse, the administering Secretary may, upon request of the abused dependent, furnish medical or dental care to the dependent for the treatment of such injury or illness in facilities of the uniformed services. "(2) Subject to paragraph (3), upon request of any dependent of a member of a uniformed service punished for an abuse described in paragraph (1)(A), the administering Secretary for such uniformed service may furnish medical care in facilities of the uniformed services to the dependent for the treatment of any adverse health condition resulting from such dependent's knowledge of (A) the abuse, or (B) any injury or illness suffered by the abused person as a result of such abuse. "(3) Medical and dental care furnished to a dependent of a member of the uniformed services in facilities of the uniformed services under paragraph (1) or (2)— "(A) shall be limited to the health care prescribed by section 1077 of this title; "(B) shall be subject to the availability of space and facilities and the capabilities of the medical and dental staff; and "(C) shall terminate 1 year after the date on which the member is discharged or dismissed from a uniformed service as described in paragraph (1)(A).". (d) CHAMPUS.—Section 1079 of such title is amended by adding at the end the following new subsection: "(1)(1) Contracts entered into under subsection (a) shall also pro- Contracts. vide for medical care for dependents of former members of the uniformed services who are authorized to receive medical and dental care under section 1076(e) of this title in facilities of the uniformed services.

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 100 STAT. 3890

PUBLIC LAW 99-661—NOV. 14, 1986

"(2) Except as provided in paragraph (3), medical care in the case Ante, p. 3889. of a dependent described in section 1076(e) shall be furnished under the same conditions and subject to the same limitations as medical care furnished under this section to spouses and children of members of the uniformed services described in the first sentence of 5 i; ^ subsection (a). ny.. «^g^ Medical care may be furnished to a dependent pursuant to paragraph (1) only for an injury, illness, or other condition described in section 1076(e) of this title.". 37 USC 406 note. (e) EFFECTIVE DATES.—(1) The amendment made by subsection (a) shall apply only with respect to members discharged or released from active duty on or after the date of the enactment of this Act. (2)(A) The amendments made by subsection (b) shall apply with respect to dependents about whom a determination by the Secretary concerned is made on or after the date of the enactment of this Act. (B) In the case of a member described in section 406(h)(2)(c) of such title 37 (as added by subsection (b)), the benefits provided for the dependents of the member shall accrue on the date that the sentence is approved under section 860 of title 10, United States Code. 10 USC 1076 (3) The amendment made by subsection (c) shall apply only with note. respect to dependents who request medical or dental care on or after the date of the enactment of this Act. 10 USC 1079 (4) The amendment made by subsection (d) shall apply only with note. respect to care furnished under section 1079 of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 653. IMPROVED EMPLOYMENT OPPORTUNITIES FOR MILITARY SPOUSES 10 USC 113 note. Section 80603)(2) of the Military Family Act of 1985 (title VIII of Public Law 99-145; 99 Stat. 680) is amended by striking out "GS-7" and inserting in lieu thereof "GS-4". SEC. 654. RETIREMENT CREDIT FOR CERTAIN FORMER NATIONAL GUARD TECHNICIANS 32 USC 709 note. (a) CiviL SERVICE RETIREMENT CREDIT.—A period of service performed under section 709 of title 32, United States Code (or under a prior corresponding provision of law), before January 1, 1969, which would not otherwise be creditable under subchapter III of chapter 83 5 USC 8331 et of title 5, United States Code, because of the antepenultimate seQsentence of section 8332(b) of such title, shall be considered creditable service under such subchapter, notwithstanding such sentence, in the case of an individual described in subsection (b). (b) COVERED INDIVIDUALS.—Subsection (a) applies in the case of an individual who— (1) before the end of the 14-month period beginning on the ' date of the enactment of this Act, files appropriate written application with the Office of Personnel Management in accordance with regulations under subsection (c); (2) at the time of filing application under paragraph (1), is employed by the United States and is subject to subchapter III ^ ' of chapter 83 of title 5, United States Code (other than under ^ section 8344 of such title); and ' '' * (3) before the date of the separation on which entitlement to
 * an annuity under subchapter III of chapter 83 of title 5, United

j' States Code, is based, makes an appropriate deposit under ^ ^ section 8334(c) of such title with respect to the period of service involved, based on the percentage of basic pay for such service

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Page:United States Statutes at Large Volume 100 Part 5.djvu/417

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3891

which would be required under such section if such service had been performed as an employee under such subchapter. (c) REGULATIONS.—The Office of Personnel Management shall prescribe regulations to carry out subsection (a). Such regulations shall be prescribed not later than 60 days after the date of the enactment of this Act. SEC. 655. MEAL REIMBURSEMENT FOR NONPROFIT YOUTH GROUPS RESIDING AT MILITARY INSTALLATIONS

Section 1011(b) of title 37, United States Code, is amended by inserting after "military installation" in the second sentence the following: "or when residing at a military installation pursuant to an agreement in effect on June 30, 1986,". SEC. 656. PERIOD FOR USE OF COMMISSARIES BY MEMBERS OF SELECTED RESERVE

"'^''^

(a) IN GENERAL.—(1) Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section: "§1052. Period for use of commissary stores: eligibility attrib- 10 USC 1052. utable to active duty for training "(a) PERIOD FOR U S E OF ELIGIBILITY.—If, under regulations establishing eligibility for use of commissary stores, a member of the armed forces accrues eligibility to use commissary stores of the -.• Department of Defense by reason of the performance of active duty for training, the Secretary concerned shall authorize the member to have one year from the date on which the member performs active duty for training to use a day of eligibility for using commissary stores attributable to the performance of that duty. "(b) LIMITATION.—A member may not use commissary stores by reason of this section for more than 14 days in any period of 365 days. "(c) REGULATIONS.—The Secretary concerned shall prescribe regulations, subject to the approval of the Secretary of Defense, to carry out this section.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1052. Period for use of commissary stores: eligibility attributable to active duty for training.".

(b) REPEAL OF TEST PROGRAM.—Section 1013 of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 665), is repealed. (c) EFFECTIVE DATE.—Section 1052 of title 10, United States Code, 10 USC 1052 as added by the amendments made by subsection (a), and the repeal ^°^made by subsection (b), shall apply only with respect to active duty for training performed on or after the date of the enactment of this Act. PART F—ADMINISTRATION OF PERSONNEL BENEFITS SEC. 661. ENHANCED METHOD FOR DETERMINING TRUE COSTS OF MILITARY RETIREMENT

(a) USE OF DUAL PERCENTAGE DETERMINATIONS.—Section 1465(b)(1) of title 10, United States Code, is amended by striking out the second sentence and inserting in lieu thereof the following: "That amount shall be the sum of the following: "(A) The product of—

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 100 STAT. 3892

Ante, p. 3876.

10 USC 1465.

PUBLIC LAW 99-661—NOV. 14, 1986

"(i) the current estimate of the value of the single level percentage of basic pay to be determined under subsection -fs (c)(l)(A) at the time of the next actuarial valuation under . r ' subsection (c); and 1 "(ii) the total amount of basic pay expected to be paid during that fiscal year to members of the armed forces (other than the Coast Guard) on active duty (other than active duty for training) or full-time National Guard duty (other than full-time National. Guard duty for training •' ' only). -"- ' "(B) The product of— "(i) the current estimate of the value of the single level percentage of basic pay and of compensation (paid pursuant . to section 206 of title 37) to be determined under subsection (c)(1)(B) at the time of the next actuarial valuation under subsection (c); and '' "(ii) the total amount of basic pay and of compensation (paid pursuant to section 206 of title 37) expected to be paid the armed forces (other than the Coast Guard and other than members on full-time National Guard duty other than for training) who are not otherwise described in subparagraph (A)(ii).". (2) Section 1465(c)(1) of such title is amended by striking out the second sentence and inserting in lieu thereof the following: "Each actuarial valuation of such programs shall include— "(A) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for members of the armed forces (other than the Coast Guard) on active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only); and "(B) a determination (using the aggregate entry-age normal " ? cost method) of a single level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) for • ^ members of the Ready Reserve of the armed forces (other than the Coast Guard and other than members on full-time National Guard duty other than for training) who are not otherwise described by subparagraph (A). Such single level percentages shall be used for the purposes of subsection (b) and section 1466(a) of this title.". (b) PAYMENTS INTO MILITARY RETIREMENT FUND BASED ON DUAL
 * J during that fiscal year to members of the Ready Reserve of

"'

,.

DETERMINATIONS.—The first sentence of section 1466(a) of such title is amended by striking out "the amount that is" and all that follows in such sentence and inserting in lieu thereof "the amount that is the sum of the following: "(1) The product of— "(A) the level percentage of basic pay determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1465(c)(1)(A) of this title (except that any statutory change in the military retirement and survivor benefit systems that is effective after the date of n» that valuation and on or before the first day of the current ji fiscal year shall be used in such determination); and "(B) the total amount of basic pay paid that month to members of the armed forces (other than the Coast Guard)

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Page:United States Statutes at Large Volume 100 Part 5.djvu/419

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3893

on active duty (other than active duty for training) or fulltime National Guard duty (other than full-time National Guard duty for training only). "(2) The product of— "(A) the level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) determined using all the methods and assumptions approved for the d most recent (as of the first day of the current fiscal year) actuarial valuation under section 1465(c)(1)(B) of this title ft; (except that any statutory change in the military retirement and survivor benefit systems that is effective after the Ai jij. date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and "(B) the total amount of basic pay and of compensation (paid pursuant to section 206 of title 37) paid that month to members of the Ready Reserve of the armed forces (other '"'" than the Coast Guard and other than members on full-time National Guard duty other than for training) who are not otherwise described in paragraph (1)(B).". (c) DEVELOPMENT AND SUBMISSION OF DATA ON RESERVE COMPO-

NENTS.—Not later than September 30, 1987, the Secretary of each military department shall develop the data required pursuant to Department of Defense Instruction Number 7730.54 (dated May 7, 1986) and submit such data to the Secretary of Defense. In accordance with such instruction, such data shall include the following with respect to each member of a reserve component: (1) Date of initial entry into military service. (2) Total days of active Federal military service. (3) Years creditable for Reserve retirement under chapter 67 of title 10, United States Code. (4) Reserve component accumulated total creditable retire* ment points earned during the member's most recently com3 pleted retirement year. (5) Reserve component accumulated paid points earned during the member's most recently completed retirement year. (6) Reserve component total accumulated creditable points toward retirement earned during the member's career. (d) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply to payments required to be made under section 1466(a) of title 10, United States Code, as amended by subsection (b), for months beginning on or after the date of the enactment of this Act.

Ante, p. 3876.

'^^ "'' '-'

J S; > K

10 USC 1331 et ^eq.

. ^ 10 USC 1465 note.

SEC. 662. AUTHORITY TO PAY BANK CHARGES IN THE EVENT OF GOVERNMENT ERROR IN MANDATORY DIRECT DEPOSIT OF MEMBERS' PAY

(a) IN GENERAL.—(1) Chapter 53 of title 10, United States Code (as amended by section 656), is amended by adding at the end the following new section: "§ 1053. Relief for expenses because of error in mandatory direct 10 USC 1053. deposit of pay "(a) A member of the armed forces who, by law or regulation, is required to participate in a program for the automatic deposit of pay to a financial institution may be reimbursed for overdraft charges levied by the financial institution when such charges result from an

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 100 STAT. 3894

PUBLIC LAW 99-661—NOV. 14, 1986

administrative or mechanical error on the part of the Government that causes such member's pay to be deposited late or in an incorrect amount or manner. "(b) Reimbursements under this section shall be made from appropriations available for the pay and allowances of members of the r% (j:::i<r^K armed force concerned. "(c) The Secretaries concerned shall prescribe regulations to carry out this section, including regulations for the manner in which reimbursement under this section is to be made. "(d) In this section, the term 'financial institution* has the meaning given that term in section 3332 of title 31.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1053. Relief for expenses because of error in mandatory direct deposit of pay.".

10 USC 1053 Jiote.

^c) EFFECTIVE DATE.—Section 1053 of title 10, United States Code, as added by subsection (a), shall apply only with respect to charges levied as a result of errors occurring on or after the date of the enactment of this Act.

37 USC 308 note.

SEC. 663. COST REDUCTIONS FOR FISCAL YEAR 1987

(a) SELECTIVE RENLISTMENT BONUS.—During fiscal year 1987, the Secretary concerned may not pay more than 50 percent of an amount paid to any person under section 308 of title 37, United States Code, in a lump sum. (b) RESERVE UNIT AND INDIVIDUAL TRAINING.—During fiscal year 1987, the amount spent for reserve unit and individual training may not exceed $5,084,500,000. , a

i

TITLE VII—HEALTH-CARE MANAGEMENT REFORM SEC. 701. IMPROVEMENT OF MILITARY HEALTH-CARE DELIVERY SYSTEM

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new sections: 10 USC 1096. '" 10 USC 1079, 1086, 1097.

"§ 1096. Military-civilian health services partnership program "(a) RESOURCES SHARING AGREEMENTS.—The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner. "(b) ELIGIBLE RESOURCES.—An agreement entered into under subsection (a) may provide for the sharing of— "(1) personnel (including support personnel); "(2) equipment; «v.. "(3) supplies; and "(4) any other items or facilities necessary for the provision of health care services. "(c) COMPUTATION OF CHARGES.—A covered beneficiary, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay—

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100 STAT. 3895

"(1) in the case of a dependent, the charges prescribed by section 1078 of this title; and "(2) in the case of a member or former member entitled to retired or retainer pay, the charges prescribed by section 1075 of this title.

10 USC 1078. 10 USC 1075.

"§ 1097. Contracts for medical care for retirees, dependents, and 10 USC 1097. survivors: alternative delivery of health care "(a) IN GENERAL.—The Secretary of Defense, after consulting with the other administering Secretaries, may contract for the delivery of health care to which covered beneficiaries are entitled under this chapter. The Secretary may enter into a contract under this section with any of the following: "(1) Health maintenance organizations. "(2) Preferred provider organizations. "(3) Individual providers, individual medical facilities, or insurers. "(4) Consortiums of such providers, facilities, or insurers. "(b) SCOPE OF COVERAGE UNDER HEALTH CARE PLANS.—A contract

entered into under this section may provide for the delivery of— "(1) selected health care services; "(2) total health care services for selected covered beneficiaries; or "(3) total health care services for all covered beneficiaries who reside in a geographical area designated by the Secretary.

'

''

"(c) CHARGES FOR HEALTH CARE.—The Secretary of Defense may

prescribe by regulation a premium, deductible, copayment, or other charge for health care provided under this section. "§ 1098. Incentives for participation in cost-effective health care plans "(a) WAIVER OF LIMITATIONS AND COPAYMENTS.—Subject to subsections (b) and (c), the Secretary of Defense, with respect to any plan contracted for under the authority of section 1079 or 1086 of this title, may waive, in whole or in part— "(1) any limitation set out in the second sentence of section 1079(a) of this title; or "(2) any requirement for payment by the patient under section 1079(b) or 1086(b) of this title.

10 USC 1098. Contracts. ''^ 10 USC 1079, 1086.

"(b) DETERMINATION AND REPORT.—(1) Subject to paragraph (3),

the Secretary may waive a limitation or requirement as authorized by subsection (a) if the Secretary determines that during the period tsst of the waiver such a plan will— "(A) be less costly to the Government than a plan subject to w such limitations or payment requirements; or "(B) provide better services than those provided by a plan subject to such limitations or payment requirements at no additional cost to the Government. "(2) The Secretary shall submit to the Committees on Armed Reports. Services of the Senate and House of Representatives a report with respect to a waiver under paragraph (1), including a comparison of costs of and benefits available under— "(A) a plan with respect to which the limitations and payment requirements are waived; and "(B) a plan with respect to which there is no such waiver "(3) A waiver under paragraph (1) may not take effect until the end of the 180-day period beginning on the date on which the

^^-•\qt^ 0 - 89 - 15: QL. 3 Part 5

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 100 STAT. 3896

PUBLIC LAW 99-661—NOV. 14, 1986

Secretary submits the report required by paragraph (2) with respect to such waiver. 10 USC 1099.

"§ 1099. Health care enrollment system ^ c* "(a) ESTABLISHMENT OF SYSTEM.—The Secretary of Defense, after consultation with the other administering Secretaries, shall establish a system of health care enrollment for covered beneficiaries who reside in the United States. "(b) DESCRIPTION OF SYSTEM.—Such system shall—

Contracts.

'Wl

10 USC 1100.

Contracts.

10 USC 1079, 1086, 1092; ante, p. 3895.

"(1) allow covered beneficiaries to elect a health care plan from eligible health care plans designated by the Secretary of Defense; or "(2) if necessary in order to ensure full use of facilities of the uniformed services in a geographical area, assign covered beneficiaries who reside in such area to such facilities. "(c) HEALTH CARE PLANS AVAILABLE UNDER SYSTEM.—A health care plan designated by the Secretary of Defense under the system described in subsection (a) shall provide all health care to which a covered beneficiary is entitled under this chapter. Such a plan may consist of any of the following: "(1) Use of facilities of the uniformed services. "(2) The Civilian Health and Medical Program of the Uniformed Services. "(3) Any other health care plan contracted for by the Secretary of Defense. "(4) Any combination of the plans described in paragraphs (1), (2), and (3). "(d) REGULATIONS.—The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section. "§ 1100. Military Health Care Account "(a) ESTABLISHMENT OF ACCOUNT.—(1) There is hereby established in the Department of Defense an account to be known as the 'Military Health Care Account'. All sums appropriated to carry out the functions of the Secretary of Defense with respect to the Civilian Health and Medical Program of the Uniformed Services shall be appropriated to the account. "(2) Amounts appropriated to the account shall remain available until obligated or expended under subsection (b) or (c). "(b) OBLIGATION OF AMOUNTS FROM ACCOUNT BY SECRETARY OF

DEFENSE.—The Secretary of Defense may obligate or expend funds from the account for purposes of entering into a contract under section 1079, 1086, 1092, or 1097 of this title to the extent amounts are available in the account. "(c) ALLOCATION OF AMOUNTS IN ACCOUNT FOR PROVISION OF MEDICAL CARE BY SERVICE SECRETARIES.—(1) The Secretary of a military

department shall, before the beginning of a fiscal year quarter, provide to the Secretary of Defense an estimate of the amounts necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of the Secretary for that quarter. "(2) The Secretary of Defense shall, subject to amounts provided in advance in appropriation Acts, make available to each Secretary of a military department the amount from the account that the Secretary of Defense determines is necessary to pay for charges for

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 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3897

benefits under the program for covered beneficiaries under the jurisdiction of such Secretary for that quarter. "(d) EXPENDITURE OF AMOUNTS FROM ACCOUNT BY SERVICE SEC-

RETARIES.—The Secretary of a military department shall provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for a fiscal year quarter from amounts appropriated to the Secretary and from amounts from the account made available for that quarter to the Secretary by the Secretary of Defense. If the Secretary of a military department exhausts the amounts from the account made available to the Secretary for a fiscal year quarter, the Secretary shall transfer to the account from amounts appropriated to the Secretary an amount sufficient to provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for the remainder of the fiscal year quarter. "(e) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this section. "(f) DEFINITIONS.—In this section: "(1) The term 'account' means the Military Health Care Account established in subsection (a). "(2) The term 'program' means the Civilian Health and Medical Program of the Uniformed Services.

•;> * - '^^ ,. ^'i/ft.

"§ 1101. Diagnosis-related groups 10 USC 1101. "(a) ESTABLISHMENT OF DRGS.—The Secretary of Defense, after consultation with the other administering Secretaries, shall establish by regulation the use of diagnosis-related groups as the primary criteria for allocation of resources to facilities of the uniformed services. V-. '• >: "(b) EXCEPTION FOR MOBILIZATION MISSIONS.—Diagnosis-related

groups shall not be used to allocate resources to the facilities of the uniformed services to the extent that such resources are required by such facilities for mobilization missions. "(c) CONTENT OF REGULATIONS.—(1) Such regulations shall establish a system of diagnosis-related groups similar to the system established under section 1886(d)(4) of the Social Security Act (42 U.S.C. 1395ww(d)(4)). Such regulations shall include the following: "(1) A classification of inpatient treatments by diagnosisrelated groups and a similar classification of outpatient treatment. "(2) A methodology for classifying specific treatments within such groups. "(3) An appropriate weighting factor for each such diagnosisrelated group which reflects the relative resources used by a facility of a uniformed service with respect to treatments classified within that group compared to treatments classified within other groups.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: "1096. Military-civilian health services partnership program. "1097. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care. "1098. Incentives for participation in cost-effective health care plans. "1099. Health care enrollment system. "1100. Military Health Care Account. "1101. Diagnosis-related groups.".

(

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Page:United States Statutes at Large Volume 100 Part 5.djvu/424

 100 STAT. 3898

10 USC 1079, 1086. 10 USC 1091, 10 USC 1092. 10 USC 1074. 10 USC 1099 note. '

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10 USC 1100 note.

10 USC 1099 note.

Effective date. 10 USC 1100 ^°*?note

PUBLIC LAW 99-661—NOV. 14, 1986

(b) DEFINITIONS.—Section 1072 of title 10, United States Code, is amended— (1) by striking out " 'Uniformed services' means" in paragraph (1) and inserting in lieu thereof "The term 'uniformed services' means"; (2) by striking out " 'Dependent', with respect to" in para• graph (2) and inserting in lieu thereof "The term 'dependent', with respect to"; (3) by striking out " 'Administering Secretaries' means" in paragraph (3) and inserting in lieu thereof "The term 'administering Secretaries' means"; and (4) by adding at the end the following new paragraphs: "(4) The term 'Civilian Health and Medical Program of the Uniformed Services' means the program authorized under sections 1079 and 1086 of this title and includes contracts entered into under section 1091 or 1097 of this title and demonstration projects under section 1092 of this title. '^^^ '^^^ term 'covered beneficiary' means a beneficiary under this chapter other than a beneficiary under section 1074(a) of this title.". (c) REPORTS TO CONGRESS.—(1) Not later than July 1, 1987, the Secretary of Defense shall submit to Congress a report detailing— (A) any plans to establish or implement a system of health care enrollment (other than as required under section 702(a)(2)(C)) under section 1099(a) of title 10, United States Code (as added by subsection (a)(1)); and (B) the plan of the Secretary for completing the implementation of such system. (2) The Secretary shall submit to Congress— (1) not later than May 1, 1987, a report on plans of the Secretary for establishing diagnosis-related groups for inpatient services under section 1100(a) of title 10, United States Code (as added by subsection (a)(1)); and (2) not later than May 1, 1988, a report on plans of the Secretary for establishing diagnosis-related groups for outpatient services under such section. (d) EFFECTIVE DATES.—(1) Except as provided in paragraph (2), the Secretary of Defense shall prescribe regulations as required by section 1099(d) of title 10, United States Code (as added by subsection (a)(1)) to implement the system of health care enrollment for covered beneficiaries— (A) on October 1, 1987, with respect to— (i) covered beneficiaries included in the demonstration project required under section 702; and (ii) facilities of the uniformed services located in the PC geographical area covered by the demonstration project; and • r (B) not later than September 30, 1990, for all other covered beneficiaries and facilities of the uniformed services. (2) The Secretary may not assign covered beneficiaries to facilities of the uniformed services, as authorized by section 1099(b)(2) of such title (as added by subsection (a)(1)), before October 1, 1990. (3) Section 1100 of such title (as added by subsection (a)(1)) shall take effect on October 1, 1987. (4) The Secretary of Defense shall prescribe regulations as required by section 1101(a) of such title (as added by subsection (a)(1)) to take effect—

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