Summary: S.3138 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (09/19/1992)

Military Personnel Authorization Act for Fiscal Year 1993 - Title IV (SIC): Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act in order to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers. Authorizes the Secretary to adjust end strengths in the national interest, with limitations to such adjustments for both active-duty and reserve forces.

Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1991 and the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limit reductions in the number of DOD medical personnel.

Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to designate up to eight general and flag officer positions within joint duty requirements for exclusion from limitations on the end strengths for general and flag officers on active duty.

Subtitle B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Allows such end strengths to be reduced in proportion to the total amount of reserve members on active duty, with a proportionate increase when such personnel return to reserve duty. Prohibits, with specified exceptions, any unit of the Selected Reserve from being inactivated during FY 1993. Requires the Secretary to provide the defense committees with the rationale for any unit inactivation sought. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in support of the reserves.

Subtitle C: Military Training Student Loads - Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act.

Subtitle D: Funding Authorization - Authorizes appropriations for FY 1993 for the use of the armed forces for military personnel.

Title V: Military Personnel Policy - Subtitle A: Reserve Component Matters - Directs the Secretary to ensure that, by the end of FY 1993, a specified number of active Army combat support positions are transferred to the reserve components of the Army.

Prohibits the Secretary from reducing the number of Army National Guard or Army Reserve medical personnel below the number existing on September 30, 1992.

Extends through FY 1993 certain reserve officer management programs.

Prohibits former Army or Air Force reserve officers from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge.

Directs the Secretary to conduct a study of, and report to the defense committees on, the economic and other effects on members of the reserve and National Guard who were self-employed or owners of small businesses of being absent from such businesses while serving on active duty in connection with Operations Desert Shield and Desert Storm.

Subtitle B: Service Academies - Prohibits the use of funds appropriated to DOD to support the assignment of more than one general officer to permanent duty at the United States Military Academy and at the United States Air Force Academy or to support the assignment of any general officer in a grade above general to permanent duty at either Academy. Provides a transition provision. Allows the Chairman of the JCS to waive such prohibition to meet unsatisfied requirements for general officer joint duty positions.

Directs the Secretary to report to the defense committees a plan for implementing certain recommendations reported by the Comptroller General regarding military preparatory schools.

Directs the Secretary to recommend to the defense committees legislation for: (1) establishing an equal number of civilian and military faculty members at the U.S. Military Academy and the U.S. Air Force Academy; and (2) phasing out the assignment of military personnel as permanent professors at those academies.

Prohibits funds appropriated to DOD from being used to support the assignment of enlisted personnel for permanent duty in a military band for any service academy band.

Prohibits funds made available for the pay of military personnel from being used to pay for noninstructional positions at the service academies not certified by the DOD Inspector General as being directly involved in the administration of the faculty or students or in the maintenance of facilities or equipment.

Requires each service academy to be under the supervision and control of the commander of the major Army, Navy, or Air Force command having jurisdiction over that department's officer training program.

Subtitle C: Officer Personnel Policy - Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years.

Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding.

Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to require the conduct of test assignments of female members of each armed force to duty in combat aircraft.

Revises provisions concerning selective early retirement to authorize the Secretary concerned to submit to an early retirement selection board the names of all eligible officers who are also in particular year groups, specialties, or retirement categories, or any combination thereof within that competitive category.

Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers.

Subtitle D: Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations.

Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to delegate his responsibilities to the Secretary of Education.

Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995.

Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and to receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivors annuities.

Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program.

Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods.

Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty.

Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility;(2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program.

Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly with respect to their service to their country and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay.

Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding.

Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of service and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service.

Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and who are involuntarily discharged or transferred from the Selected Reserve.

Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period.

Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is later.

Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance.

Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions.

Subtitle F: Other Matters - Provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service.

Reduces from 300 to 240 the authorized number of enlisted aides. Allows the assignment as an enlisted aide to the personal staff of an officer only if such officer is a commander.

Limits the authorized amount of FY 1993 DOD funds that may be expended for the costs of permanent changes of station.

Reduces the number of personnel authorized to carry out recruiting activities during FY 1994 to 90 percent of that authorized for FY 1992.

Limits to 3,500 the total number of Junior Reserve Officers' Training Corps units that may be established and maintained by the military departments. Authorizes the Secretary concerned to pay the entire amount of such educational costs to an institution if the Secretary determines such to be in the national interest and the interest of the community of that institution.

Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993.

Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains.

Extends through FY 1993: (1) the enlistment and reenlistment bonus for members possessing critical skills; (2) the aviator retention bonus; (3) the bonuses for reserve enlistments, reenlistments, affiliations and extensions; (4) the special pay authority for enlisted members of the Selected Reserve assigned to high priority units; (5) the period for repayment of education loans for certain health professionals who serve in the Selected Reserve; (6) the accession bonus for registered nurses; (7) the nurse candidate accession program; and (8) the special pay for nurse anesthetists.

Subtitle B: Other Matters - Directs the Secretary to report to the defense committees the Secretary's recommendations for legislation permitting the concurrent payment to members and former members of the armed forces of full military retirement benefits and full compensation for service-connected disabilities payable under laws administered by the Secretary of Veterans Affairs. Directs the Secretary to reserve in a DOD contingency fund a sufficient amount to ensure such concurrent payments in FY 1994 if such legislation is enacted.

Expands the expenses considered reimbursable under a DOD adoption expenses programs covering members adopting a child under 18 years of age to include expenses relating to pregnancy and childbirth for the biological mother and temporary foster care charges when payment of such charges is required immediately before the child's placement. Includes transportation expenses relating to the adoption, with exceptions. Makes identical expansions under the Coast Guard adoption expenses coverage program.

Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported.

Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority.

Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service.

Includes certain travel and transportation allowances within the benefits authorized under the special separation benefits program (a program of voluntary separation from the armed forces in return for the receipt of certain benefits).

Authorizes the payment of retired pay for a person who, before August 16, 1945, was a member of the reserves, if such person performed at least 20 years of retirement-creditable service. Excludes certain service before such date in the computation of retirement-creditable service.

Provides a subsistence for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement.

Title VII: Health Care Provisions - Authorizes a chiropractor who is qualified under regulations prescribed by the Secretary of the military department concerned to be appointed as a regular commissioned officer in the Army Medical Service Corps, the Navy Medical Corps, or in the Air Force for designation as a chiropractic officer.

Revises the dependents' dental program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) by: (1) repealing the authority for the provision of a supplemental dental benefits plan for spouses and children of active-duty personnel; (2) increasing to up to $20 monthly (currently $10) the member premium for such coverage; (3) expanding such coverage to include orthodontic services, crowns, gold fillings, bridges, and complete or partial dentures; (4) requiring a percentage payment as determined appropriate by the Secretary for the services provided under such expanded coverage; and (5) directing the Secretary to devise and implement a program for the improvement of the provision of dental benefits to such members' dependents.

Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation.

Directs the Secretary to establish a joint services working group on the provision of military health care to persons who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignments regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals.

Directs the Secretary to: (1) establish a program that permits eligible individuals to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under CHAMPUS; and (2) conduct the program in two or more regions, each region consisting of two or more States. Defines as persons eligible for such program any person entitled to medical care under a CHAMPUS contract, or a person over 65 years of age and living in an area affected by the closure of a health care facility as a result of the closure or realignment of a military installation at which the facility is located. Requires: (1) a fee to be charged individuals for the pharmaceuticals; and (2) a report.

Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a formal survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system.

Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by a former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993.

Includes certain renal disease patients under Medicare coverage under an exception authorizing the continuation of concurrent CHAMPUS coverage for such patients. Applies such concurrent coverage with respect to health care benefits or services received after FY 1991 if such benefits would have been covered under a plan contracted for under CHAMPUS.

Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate.

Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to person entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress.

Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective.

Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within five years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirements applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification card containing electronically readable information will enhance the capabilities of the Center.

Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993.

Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii and to report evaluation results to the Secretary and the Congress.

Directs the Secretary to modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the DOD coordinated care program. Directs the Secretary, as part of such incentive review, to consider the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. Prohibits the Secretary from denying access to military treatment facilities to those not enrolled in the program, while allowing the Secretary to establish reasonable admission preferences for those enrolled in the program as an incentive to encourage enrollment.

Excludes certain unmarried incapacitated legitimate children of members or former members of the armed forces from CHAMPUS coverage.

Entitles a member of the armed forces who is on duty at a station outside the United States (and any accompanying dependent) to the provision of any reproductive health service in a military medical facility outside the United States serving that duty station in the same manner as any other type of medical care. Requires the member to pay the full cost of receiving such care if appropriated funds may not be used for such service.