Title I: Military Personnel Authorizations For Fiscal Years 1990 and 1991 - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1990 and 1991. Prohibits the Secretary of Defense from reducing the number of active Army ground combat brigades assigned to the 4th Infantry Division (Mechanized) before December 1, 1990. Allows Army end strengths to be increased in order to maintain such prohibition. Reduces, temporarily, the number of colonels authorized for active duty for FY 1991.
Expresses the sense of the Congress that certain combat units stationed at Fort Knox, Kentucky, should not be permanently reassigned to Fort Irwin, California.
Part B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1990 and 1991. Authorizes end strength reductions for the Selected Reserve components of the armed forces for each such fiscal year, as prescribed. Authorizes increases for each such fiscal year in the number of certain personnel authorized to be on active duty in support of the reserve forces. Reallocates the positions of two naval reserve officers serving in medical profession capacities.
Part C: Military Training - Authorizes the average military training student loads for FY 1990 and 1991. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act.
Part D: Civilian Personnel - Repeals current Federal provisions concerning management constraints for DOD civilian personnel.
Authorizes the Secretary concerned to accept voluntary services from an individual for work in a natural resources program.
Title II: Military Personnel - Part A: Matters Affecting the Reserve Components - Authorizes a person with no prior military service who is qualified for active-duty enlistment in the armed forces (regular) to be enlisted as a member of the reserves under a delayed entry program. Allows such person to be enlisted in a regular component of the armed forces within 365 days after enlistment in the reserves. Exempts members of the delayed entry program from otherwise applicable Ready Reserve training requirements. Prohibits the period of enlisted service under the delayed entry program form being counted as part of the years of service for the computation of the basic pay of a member.
Authorizes the Secretary to order a member of the Ready Reserve to muster duty one time each year without his consent. Authorize a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve to be entitled to an allowance for such muster duty if engaged in such duty for at least two hours.
Repeals a provision of Federal law which allows a uniform and equipment reimbursement monthly for a reserve officer of the armed forces who has not become entitled to a uniform reimbursement or allowance as an officer for the preceding four years.
Extends through FY 1992 certain expiring authorities relating to the reserves.
Authorizes the payment of special pay for an enlisted member who is assigned to a high priority unit of the Selected Reserve and who performs inactive duty for training with such unit. Terminates such special assignment pay after FY 1991. Requires the Secretary to report to the defense committees on the administration of such special pay program.
Part B: Health Care Matters - Prohibits the Secretary, during FY 1990 and 1991, from charging for the receipt of outpatient medical or dental care at a military treatment facility.
Revises a provision concerning the limitation on payments made to noninstitutional health-care providers from the Secretary concerned under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Authorizes the Secretary to increase the maximum amount of such payments whenever the Secretary of Health and Human Services increases the amount payable to providers of services under part B of title XVIII (Medicare) of the Social Security Act.
Authorizes the Secretary to require a private health-care provider which is also a health-care provider under CHAMPUS to provide such care under the same rules applicable under such program.
Authorizes the provision of specialized training as another benefit under the Armed Forces Health Professions Scholarship Program. Allows a person participating in such specialized training, in addition to receiving a stipend under such Program, to be paid an annual grant of $15,000. Requires a pro rata refund of such grant amount from a person who voluntarily terminates the Program's specialized training.
Expands the type of loans qualifying for repayment by the Secretary concerned for health professionals who serve in the Selected Reserve as part of such loan repayment agreement, including any loan which was used to finance basic or advanced health professions education. Makes all members of the Ready Reserve (currently, only members of the Selected Reserve) eligible for such loan repayments and increases the yearly and total amount of such loan repayments. Repeals the current October 1, 1990, date for the termination of such loan repayments.
Revises the deadline for the use of diagnosis related groups for outpatient treatment.
Increases from 67 to 68 the deferment age for retirement for regular commissioned officers of the armed forces.
Authorizes the retention of reserve officer psychologists in an active status in order to fulfill a mission-based requirement.
Part C: Personnel Management - States the conditions under which the President may vacate a promotion to the grade of major through major general and lieutenant commander through rear admiral.
Directs the Secretary to reduce by the end of FY 1992 the number of nonoperational flying duty positions in the armed forces by five percent. Prohibits any increase in the number of such positions after FY 1991.
Outlines the minimum service requirement for certain flight crew positions.
Requires the Comptroller General to conduct a study, and report to the defense committees, on the aviator assignment policies and practices of the armed forces.
Part D: Total Force Policy - Directs the Secretary to convene a study group to review the operation and soundness of the Total Force Policy (the force mix in each of the military departments) of DOD and to make recommendations for the improvement of such Policy. Requires the Secretary to report the study group's results to the defense committees.
Part E: Miscellaneous - Increases the service obligations for graduates of: (1) the Uniformed Services University of the Health Sciences; and (2) the service academies.
Revises the composition and term of members of the U.S. Court of Military Appeals. Revises provisions concerning: (1) the removal of judges from such Court; (2) incapacity of such judges; (3) service and pay of a senior judge of such Court; (4) the appointment and civil service status of legal staff of the Court; (5) the retirement of judges of the Court; and (6) appellate review procedures of action taken by the Judge Advocate General under provisions of the Uniform Code of Military Justice. Directs the President to prescribe procedures for the investigation and disposition of charges, allegations, and information pertaining to the fitness of a military judge or military appellate judge to perform the duties of office. Requires such procedures to be transmitted to the defense committees.
Makes permanent the authority to make temporary promotions of certain Navy lieutenants.
Extends through October 1, 1992, the authority for a test program for the reimbursement to members of the armed forces of qualifying adoption expenses.
Authorizes the Secretary concerned to require each applicant for enlistment or appointment to undergo drug and alcohol abuse testing before becoming a member of the armed forces.
Authorizes the Secretary concerned to correct the military records of promotion of enlisted members if the Secretary concerned considers such action necessary to correct an error or injustice.
Provides members of the National Guard, Reserves, retired military personnel, and civilian employees of DOD with the same relief from expenses incurred because of an error in the mandatory direct deposit of pay.
Provides for the awarding of the degree of Master of Arts in Leader Development.
Authorizes the Secretary to provide transportation to next-of-kin of members of the armed forces who have been prisoners of war or missing in action as a result of service during the Vietnam era to attend an annual meeting of such families.
Revises certain procedures regarding the solicitation and award of contracts for postsecondary education services for members of the armed forces, civilian DOD employees, or the dependents of such members and employees.
Authorizes the Secretary of the Navy to employ civilian faculty at the United States Marine Corps University.
Authorizes the Secretary of the Air Force to enter into contracts providing for the production and commercial sale of a certain recording made by the Cincinnati Pops Orchestra and the U.S. Air Force Singing Sargeants.
Title III: Compensation and Other Personnel Benefits - Part A: Pay and Allowances - Waives the automatic adjustment authorized for military pay consistent with yearly increases in the GS Schedule of the Federal Government, authorizing instead a 3.6 percent increase in the rates of basic pay, basic allowance for quarters, and basic allowance for subsistence. Increases cadet and midshipman pay. Makes each such increase effective as of January 1, 1990.
Part B: Incentive Pay - Increases the flying duties required for an aviation officer to be entitled to aviation career incentive pay. Requires the President to increase such incentive pay by the percentage of any increase in basic pay. Authorizes the Secretary concerned to delay implementation of such increased flying duty when necessary to meet the needs of his department.
Extends through FY 1992 the aviator retention bonus program. Outlines certain reporting requirements under such program and limits the total obligations permitted for the Navy and Air Force during FY 1990 for the payment of such bonuses.
Increases the special pay for medical officers in the armed forces. Extends through FY 1990 the medical officer retention bonus program. Terminates such authority if a certain report is not made by a specified date.
Provides for the payment of special pay in the form of an accession bonus for registered nurses who agree within a specified period to accept a commission and perform duty as a registered nurse in the armed forces for not less than four years. Outlines certain limitations and conditions under such program.
Provides a nurse officer candidate accession bonus for individuals who execute a written agreement to accept an appointment as a nurse officer after completion of two years of a degree program in nursing and while enrolled as a full-time student in a nursing program in an institution that does not have a Senior Reserve Officers' Training Program. Outlines agreement terms. Requires a pro rata refund of any bonus paid when an individual fails to complete either the required period of education or the required period of military service after the completion of such education.
Authorizes the payment of special incentive pay for nurse anesthetists who execute a written agreement to remain on active duty for at least one year after their initial required period of duty. Outlines terms of such bonus pay. Requires refunds on a pro rata basis for agreed-upon time not successfully served. Requires the Secretary to report to the defense committees on the use of certified registered nurse anesthetists by the military departments.
Increases: (1) the special pay for reserve medical officers; and (2) the length and amount of the Selected Reserve reenlistment bonus program. Extends certain enlistment and reenlistment bonus authorities for reserve forces. Extends the bonus authority for certain nuclear career officer bonus programs.
Authorizes the payment of special pay for psychologists who are officers in the armed forces or the Public Health Service and who have been awarded a diploma by the American Board of Professional Psychology.
Part C: Travel and Transportation - Authorizes a travel and transportation allowance for a member of the armed forces who is assigned to permanent duty aboard a ship that is undergoing construction away from the designated home port or away from the area where the dependents of the member are residing. Outlines terms and conditions for such allowances.
Authorizes reimbursement for parking fees, ferry fares, and tolls for any member of the armed forces entitled to general travel and transportation allowances.
Authorizes student travel allowances for dependents of members stationed outside the continental United States. Prohibits such allowance for dependents of members permanently stationed in Alaska or Hawaii for a child attending a school in the State of the permanent duty station.
Part D: Survivor Benefit Program - Revises the reduction in retired pay for participants in the Survivor Benefit Plan. Differentiates, in the level premium to be paid each month by participants in the Plan, as to whether the annuity being provided is a standard or reserve-component annuity and whether the person becomes an active participant in the Plan before or after the effective date of the Military Survivor Benefit Improvement Act of 1989.
Directs the Secretary of the military department concerned to carry out a program, to be known as the Supplemental Survivor Benefit Plan (SSBP), which would enable participants in the Survivor Benefit Plan (SBP) who are providing coverage for a spouse or former spouse beneficiary under the SBP to also provide a supplemental annuity for that spouse or former spouse beginning when the participant dies or when the spouse or former spouse becomes 62 years of age, whichever is later, in order to offset the effects of the two-tier annuity computation under the SBP. Outlines the following administrative provisions concerning the SSBP: (1) commencement of annuity; (2) the amount of such annuity for the beneficiary of a person providing the standard or the reserve-component annuity under the SBP (the latter annuity further defined by whether or not the beneficiary under the SSBP is initially under 62 years of age at the commencement of the annuity); and (3) adjustments in such annuities required by periodic adjustments in the cost-of-living index. Terminates a SSBP annuity when the beneficiary dies or otherwise becomes ineligible to continue to receive an annuity under the original SBP.
Allows a person who provides an annuity for a spouse or former spouse under SBP to elect to provide a supplemental spouse annuity under these provisions. Requires a person providing a supplemental spouse annuity to be a participant in the SBP in order to cover a spouse or former spouse under the SSBP. Requires such election to be voluntary. Allows a person to make such an election only if the beneficiary of such person's annuity is not currently computed under the determination of spouse or former spouse beneficiary annuity under the SBP. Allows a person who anticipates becoming a participant in the SBP who has a spouse or former spouse to elect to provide a supplemental spouse annuity under the SSBP. Outlines conditions and requirements for such an anticipatory election. Requires a person to actually provide a spouse or former spouse annuity under the SBP in order to provide a supplemental spouse annuity under the SSBP.
Allows a person who elects to provide SBP coverage for a former spouse after having been an SBP participant without coverage for that former spouse to also provide a supplemental spouse annuity for such former spouse under the SSBP. Requires notice to a current spouse of a person providing coverage under the SBP and the SSBP to a former spouse. Provides for irrevocability after a specified period of time of the election to provide SSBP coverage under both a standard annuity and a reserve-component annuity.
Authorizes provision of a supplemental spouse annuity under the above provisions by a person who is a participant in the SBP and is providing coverage for a spouse (or spouse and child) but is not a participant in the SSBP, who does not have an eligible spouse under that Plan, and who remarries, thereby allowing such person to elect to provide such coverage for the former spouse. Requires the person to be under the SBP in order to make the election for such coverage under the SSBP. Outlines conditions for such an election. Outlines administrative guidelines to be followed: (1) when there is a change of a former spouse beneficiary under the SBP to a current spouse or child beneficiary under the SBP; and (2) upon reinstatement of an SSBP annuity after discontinuance of an SBP annuity and reinstatement of such annuity.
Requires a person who elects to provide a SSBP annuity to a former spouse to provide the Secretary concerned with a written statement as to whether the election being made is pursuant to a written agreement incident to a divorce, dissolution, or annulment that has been incorporated in, or ratified or approved by, a court order. Outlines administrative provisions concerning the enforcement of such voluntary written agreements ratified by a court order. Provides a time limit for the making of such an election of one year after the date of the court order or filing involved.
Directs the retired pay of a person electing to provide a supplemental spouse annuity under the above provisions to be reduced each month as required under prescribed regulations. Outlines considerations for the determination of such regulations by the Secretary of Defense. Prohibits any reduction during any month in which there is no eligible spouse or former spouse beneficiary. Requires the amount of the reduction to be adjusted whenever there is an adjustment to the reduction in retired pay for beneficiary coverage under the original SBP. Directs the President to prescribe regulations to implement the SSBP.
Revises the annuity computation for the survivors of certain retirement-eligible officers who die while on active duty, making such an officer's retired pay rate the rate of pay applicable at the time of death. Defines those persons eligible for such recomputation.
Authorizes an eligible retired or former member of the armed forces to participate in the SBP during an open enrollment period. Allows such person, at the same time, to also elect to participate in the SSBP. Defines as eligible a person who on the day before the first day of the open enrollment period is not a participant in the SBP and is either entitled to retired pay or would be so entitled but for the fact that such member or former member is under 60 years of age (for reserve members or former members). Allows a person who is a participant in the SBP but not at the maximum base amount while providing coverage for a dependent child but not for a spouse or former spouse to: (1) elect to participate in the SBP at a higher amount; or (2) elect to provide an annuity under the SBP for a spouse or former spouse.
Authorizes current SBP participants to elect to participate in the SSBP during the open enrollment period. Outlines those persons eligible to make such an election and sets limitations on eligibility for certain SBP participants not affected by the two-tier annuity computation (a computation that differentiates in the annuity amount depending on whether the annuitant has attained the age of 65). Requires any SSBP election to be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Defines the open enrollment period as the one-year period beginning on the effective date of the Military Survivor Benefit Improvement Act of 1989. States that if a person dies before the end of a two-year period after making such an election, the election is void and the amount of reduction in retired pay taken as a result of such election shall be paid in a lump sum to the person's beneficiary under the SBP.
Part E: Miscellaneous - Increases the educational assistance allowance for persons in the armed forces with a critical skill or speciality.
Authorizes the use of funds appropriated to DOD to pay for student meals provided by DOD overseas dependents' schools. Outlines limits to such authority.
Authorizes a reduction in the rates for meals sold in military dining facilities if the Secretary concerned determines that such rate reduction is in the best interest of the United States.
Authorizes the Secretary of Defense to pay a uniform allowance for any civilian DOD employee required to wear a prescribed uniform for the performance of official duties.
Directs the Secretary to report to the defense committees a legislative proposal for an accidental death insurance plan for aviators serving on active duty.
Expresses the sense of the Congress that the President should: (1) establish a commission to study the reasons for shortages of qualified aviators in both the armed forces and in the commercial airline industry and the means for eliminating such shortages; (2) include representatives from both the commercial airline industry and the armed forces on such commission; and (3) appoint members of such commission no later than February 15, 1990. Requires the commission to report the results of its study to the President and the Congress no later than March 1, 1991, together with recommendations.
Introduced in Senate
Committee on Armed Services. Original measure reported to Senate by Senator Nunn. Without written report.
Committee on Armed Services. Original measure reported to Senate by Senator Nunn. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 192.
Measure laid before Senate by unanimous consent.
Senate struck all after the Enacting Clause and substituted the language of S. 1352 amended. (Titles IV, V, and VI only);.
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Passed Senate with an amendment by Voice Vote.
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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