(b) OFFICER SERVICE CREDIT.-Such section is further amended by adding at the end the following: "(b) OFFICERS NOT ALLOWED SERVICE CREDIT FOR TIME LOST.-In the case of an officer of an armed force who after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996 "(1) deserts; "(2) is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority; "(3) is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial; or "(4) is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct; the period of such desertion, absence, confinement, or inability to perform duties may not be counted in computing, for any purpose other than basic pay under section 205 of title 37, the officer's length of service.". (c) CLERICAL AMENDMENTS.-(1) The heading of such section is amended to read as follows: "8972. Members: effect of time lost (2) The item relating to section 972 in the table of sections at the beginning of chapter 49 of such title is amended to read as follows: "972. Members: effect of time lost.". (d) CONFORMING AMENDMENTS.-(1) Section 1405(c) is amended (A) by striking out "MADE UP.-Time" and inserting in lieu thereof "MADE UP OR EXCLUDED. (1) Time"; (B) by striking out "section 972" and inserting in lieu thereof "section 972(a)"; (C) by inserting after "of this title" the following: ", or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995,"; and (D) by adding at the end the following: "(2) Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.". (2) Chapter 367 of such title is amended(A) in section 3925(b), by striking out "section 972" and inserting in lieu thereof "section 972(a)"; and (B) by adding at the end of section 3926 the following new subsection: "(e) Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.". (3)(A) Chapter 571 of such title is amended by inserting after section 6327 the following new section: "§ 6328. Computation of years of service: voluntary retirement "(a) ENLISTED MEMBERS.-Time required to be made up under section 972(a) of this title after the date of the enactment of this section may not be counted in computing years of service under this chapter. "(b) OFFICERS.-Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this chapter any time identified with respect to that officer under that section.". (B) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6327 the following new item: "6328. Computation of years of service: voluntary retirement.". (4) Chapter 867 of such title is amended (A) in section 8925(b), by striking out "section 972" and inserting in lieu thereof "section 972(a)"; and (B) by adding at the end of section 8926 the following new subsection: "(d) Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.". (e) EFFECTIVE DATE AND APPLICABILITY.— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to any period of time covered by section 972 of title 10, United States Code, that occurs after that date. SEC. 562. ARMY RANGER TRAINING. (a) IN GENERAL.-(1) Chapter 401 of title 10, United States Code, is amended by inserting after section 4302 the following new section: "§ 4303. Army Ranger training: instructor staffing; safety "(a) LEVELS OF PERSONNEL ASSIGNED.-(1) The Secretary of the Army shall ensure that at all times the number of officers, and the number of enlisted members, permanently assigned to the Ranger Training Brigade (or other organizational element of the Army primarily responsible for ranger student training) are not less than 90 percent of the required manning spaces for officers, and for enlisted members, respectively, for that brigade. “(2) In this subsection, the term 'required manning spaces' means the number of personnel spaces for officers, and the number of personnel spaces for enlisted members, that are designated in Army authorization documents as the number required to accomplish the missions of a particular unit or organization. "(b) TRAINING SAFETY CELLS.-(1) The Secretary of the Army shall establish and maintain an organizational entity known as a 'safety cell' as part of the organizational elements of the Army responsible for conducting each of the three major phases of the Ranger Course. The safety cell in each different geographic area of Ranger Course training shall be comprised of personnel who have sufficient continuity and experience in that geographic area of such training to be knowledgeable of the local conditions yearround, including conditions of terrain, weather, water, and climate and other conditions and the potential effect on those conditions on Ranger student training and safety. "(2) Members of each safety cell shall be assigned in sufficient numbers to serve as advisers to the officers in charge of the major phase of Ranger training and shall assist those officers in making informed daily 'go' and 'no-go' decisions regarding training in light of all relevant conditions, including conditions of terrain, weather, water, and climate and other conditions.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4302 the following new item: "4303. Army Ranger training: instructor staffing; safety.". (b) ACCOMPLISHMENT OF REQUIRED MANNING LEVELS.-(1) If, as of the date of the enactment of this Act, the number of officers, and the number of enlisted members, permanently assigned to the Army Ranger Training Brigade are not each at (or above) the requirement specified in subsection (a) of section 4303 of title 10, United States Code, as added by subsection (a), the Secretary of the Army shall (A) take such steps as necessary to accomplish that requirement within 12 months after such date of enactment; and (B) submit to Congress, not later than 90 days after such date of enactment, a plan to achieve and maintain that requirement. (2) The requirement specified in subsection (a) of section 4303 of title 10, United States Code, as added by subsection (a), shall expire two years after the date (on or after the date of the enactment of this Act) on which the required manning levels referred to in paragraph (1) are first attained. (c) GAO ASSESSMENT.-(1) Not later than one year the date of the enactment of this Act, the Comptroller General shall submit to Congress a report providing a preliminary assessment of the implementation and effectiveness of all corrective actions taken by the Army as a result of the February 1995 accident at the Florida Ranger Training Camp, including an evaluation of the implementation of the required manning levels established by subsection (a) of section 4303 of title 10, United States Code, as added by subsection (a). (2) At the end of the two-year period specified in subsection (b)(2), the Comptroller General shall submit to Congress a report providing a final assessment of the matters covered in the preliminary report under paragraph (1). The report shall include the Comptroller General's recommendation as to the need to continue required statutory manning levels as specified in subsection (a) of section 4303 of title 10, United States Code, as added by subsection (a). (d) SENSE OF CONGRESS.-In light of requirement that particularly dangerous training activities (such as Ranger training, Search, Evasion, Rescue, and Escape (SERE) training, SEAL training, and Airborne training) must be adequately adequately manned manned and resourced to ensure safety and effective oversight, it is the sense of Congress (1) that the Secretary of Defense, in conjunction with the Secretaries of the military departments, should review and, if necessary, enhance oversight of all such training activities; and (2) that organizations similar to the safety cells required to be established for Army Ranger training in section 4303 of title 10, United States Code, as added by subsection (a), should (when appropriate) be used for all such training activities. SEC. 563. SEPARATION IN CASES INVOLVING EXTENDED CONFINEMENT. (a) SEPARATION.-(1)(A) Chapter 59 of title 10, United States Code, is amended by inserting after section 1166 the following new section: "§ 1167. Members under confinement by sentence of court-martial: separation after six months confinement "Except as otherwise provided in regulations prescribed by the Secretary of Defense, a member sentenced by a court-martial to a period of confinement for more than six months may be separated from the member's armed force at any time after the sentence to confinement has become final under chapter 47 of this title and the person has served in confinement for a period of six months.". (B) The table of sections at the beginning of chapter 59 of such title is amended by inserting after the item relating to section 1166 the following new item: "1167. Members under confinement by sentence of court-martial: separation after six months confinement.". (2)(A) Chapter 1221 of title 10, United States Code, is amended by adding at the end the following: "§ 12687. Reserves under confinement by sentence of court-martial: separation after six months confinement "Except as otherwise provided in regulations prescribed by the Secretary of Defense, a Reserve sentenced by a court-martial to a period of confinement for more than six months may be separated from that Re serve's armed force at any time after the sentence to confinement has become final under chapter 47 of this title and the Reserve has served in confinement for a period of six months.". (B) The table of sections at the beginning of chapter 1221 of such title is amended by inserting at the end thereof the following new item: "12687. Reserves under confinement by sentence of court-martial: separation after six months confinement.". (b) DROP FROM ROLLS.-(1) Section 1161(b) of title 10, United States Code, is amended by striking out "or (2)" and inserting in lieu thereof "(2) who may be separated under section 1178 of this title by reason of a sentence to confinement adjudged by a court-martial, or (3)". (2) Section 12684 of such title is amended(A) by striking out "or" at the end of paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph (2): "(2) who may be separated under section 12687 of this title by reason of a sentence to confinement adjudged by a court-martial; or". SEC. 564. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL. (a) IN GENERAL.-(1) Chapter 3 of title 10, United States Code, is amended by inserting after section 129b the following new section: "§ 129c. Medical personnel: limitations on reductions "(a) LIMITATION ON REDUCTION. For any fiscal year, the Secretary of Defense may not make a reduction in the number of medical personnel of the Department of Defense described in subsection (b) unless the Secretary makes a certification for that fiscal year described in subsection (c). "(b) COVERED REDUCTIONS.-Subsection (a) applies to a reduction in the number of medical personnel of the Department of Defense as of the end of a fiscal year to a number that is less than "(1) 95 percent of the number of such personnel at the end of the immediately preceding fiscal year; or "(2) 90 percent of the number of such personnel at the end of the third fiscal year preceding the fiscal year. "(c) CERTIFICATION.-A certification referred to in subsection (a) with respect to reductions in medical personnel of the Department of Defense for any fiscal year is a certification by the Secretary of Defense to Congress that "(1) the number of medical personnel being reduced is excess to the current and projected needs of the Department of Defense; and "(2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services under chapter 55 of this title. "(d) POLICY FOR IMPLEMENTING REDUCTIONS. Whenever the Secretary of Defense directs that there be a reduction in the total number of military medical personnel of the Department of Defense, the Secretary shall require that the reduction be carried out so as to ensure that the reduction is not exclusively or disproportionatly borne by any one of the armed forces and is not exclusively or disproportionatly borne by either the active or the reserve components. "(e) DEFINITION.-In this section, the term 'medical personnel' means— "(1) the members of the armed forces covered by the term 'medical personnel' as defined in section 115a(g)(2) of this title; and "(2) the civilian personnel of the Department of Defense assigned to military medical facilities.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129b the following new item: "129c. Medical personnel: limitations on reductions.". (b) SPECIAL TRANSITION RULE FOR FISCAL YEAR 1996. For purposes of applying subsection (b)(1) of section 129c of title 10, United States Code, as added by subsection (a), during fiscal year 1996, the number against which the percentage limitation of 95 percent is computed shall be the number of medical personnel of the Department of Defense as of the end of fiscal year 1994 (rather than the number as of the end of fiscal year 1995). (c) REPORT ON PLANNED REDUCTIONS.—(1) Not later than March 1, 1996, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a plan for the reduction of the number of medical personnel of the Department of Defense over the five-year period beginning on October 1, 1996. (2) The Secretary shall prepare the plan through the Assistant Secretary of Defense having responsibility for health affairs, who shall consult in the preparation of the plan with the Surgeon General of the Army, the Surgeon General of the Navy, and the Surgeon General of the Air Force. (3) For purposes of this subsection, the term "medical personnel of the Department of Defense" shall have the meaning given the term "medical personnel" in section 129c(e) of title 10, United States Code, as added by subsection (a). (d) REPEAL OF SUPERSEDED PROVISIONS OF LAW. The following provisions of law are repealed: (1) Section 711 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 115 note). (2) Subsection (b) of section 718 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 115 note). (3) Section 518 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 12001 note). SEC. 565. SENSE OF CONGRESS CONCERNING PERSONNEL TEMPO RATES. (a) FINDINGS.-Congress makes the following findings: (1) Excessively high personnel tempo rates for members of the Armed Forces resulting from high-tempo unit operations degrades unit readiness and morale and eventually can be expected to adversely affect unit retention. (2) The Armed Forces have begun to develop methods to measure and manage personnel tempo rates. (3) The Armed Forces have attempted to reduce operations and personnel tempo for heavily tasked units by employing alternative capabilities and reducing tasking requirements. (b) SENSE OF CONGRESS.-The Secretary of Defense should continue to enhance the knowledge within the Armed Forces of personnel tempo and to improve the techniques by which personnel tempo is defined and managed with a view toward establishing and achieving reasonable personnel tempo standards for all personnel, regardless of service, unit, or assignment. SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS (a) SEPARATION BENEFITS.-Subsection (a) of section 3 of the Act of August 10, 1956 (33 U.S.C. 857a), is amended by adding at the end the following new paragraph: "(15) Section 1174a, special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce).". (b) TECHNICAL CORRECTIONS.-Such section is further amended (1) by striking out "Coast and Geodetic Survey" in subsections (a) and (b) and inserting in lieu thereof "commissioned officer corps of the National Oceanic and Atmospheric Administration"; and (2) in subsection (a), by striking out "including changes in those rules made after the effective date of this Act" in the matter preceding paragraph (1) and inserting in lieu. thereof "as those provisions are in effect from time to time". (c) TEMPORARY EARLY RETIREMENT AUTHORITY.-Section 4403 (other than subsection (f)) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall apply to the commissioned officer corps of the National Oceanic and Atmospheric Administration in the same manner and to the same extent as that section applies to the Department of Defense. The Secretary of Commerce shall implement the provisions of that section with respect to such commissioned officer corps and shall apply the provisions of that section to the provisions of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 relating to the retirement of members of such commissioned officer corps. (d) EFFECTIVE DATE.-This section shall apply only to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration who are separated after September 30, 1995. SEC. 567. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE THE HIV-1 VIRUS. (a) IN GENERAL.-(1) Section 1177 of title 10, United States Code, is amended to read as follows: "S1177. Members infected with HIV-1 virus: mandatory discharge or retirement "(a) MANDATORY SEPARATION.-A member of the armed forces who is HIV-positive shall be separated. Such separation shall be made on a date determined by the Secretary concerned, which shall be as soon as practicable after the date on which the determination is made that the member is HIV-positive and not later than the last day of the sixth month beginning after such date. "(b) FORM OF SEPARATION.-If a member to be separated under this section is eligible to retire under any provision of law or to be transferred to the Fleet Reserve or Fleet Marine Corps Reserve, the member shall be so retired or so transferred. Otherwise, the member shall be discharged. The characterization of the service of the member shall be determined without regard to the determination that the member is HIV-positive. "(c) DEFERRAL OF SEPARATION FOR MEMBERS IN 18-YEAR RETIREMENT SANCTUARY.-In the case of a member to be discharged under this section who on the date on which the member is to be discharged is within two years of qualifying for retirement under any provision of law, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, the member may, as determined by the Secretary concerned, be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, and then be so retired or transferred, unless the member is sooner retired or discharged under any other provision of law. "(d) SEPARATION TO BE CONSIDERED INVOLUNTARY. A separation under this section shall be considered to be an involuntary separation for purposes of any other provision of law. "(e) ENTITLEMENT TO HEALTH CARE.—A member separated under this section shall be entitled to medical and dental care under chapter 55 of this title to the same extent and under the same conditions as a person who is entitled to such care under section 1074(b) of this title. "(f) COUNSELING ABOUT AVAILABLE MEDICAL CARE. A member to be separated under this section shall be provided information, in writing, before such separation of the available medical care (through the Department of Veterans Affairs and otherwise) to treat the member's condition. Such information shall include identification of specific medical locations near the member's home of record or point of discharge at which the member may seek necessary medical care. "(g) HIV-POSITIVE MEMBERS.-A member shall be considered to be HIV-positive for purposes of this section if there is serologic evidence that the member is infected with the virus known as Human Immunodeficiency Virus-1 (HIV-1), the virus most commonly associated with the acquired immune deficiency syndrome (AIDS) in the United States. Such serologic evidence shall be considered to exist if there is a reactive result given by an enzyme-linked immunosorbent assay (ELISA) serologic test that is confirmed by a reactive and diagnostic immunoelectrophoresis test (Western blot) on two separate samples. Any such serologic test must be one that is approved by the Food and Drug Administration.". (2) The item relating to such section in the table of sections at the beginning of chapter 59 of such title is amended to read as follows: "1177. Members infected with HIV-1 virus: mandatory discharge or retirement.". (b) EFFECTIVE DATE.-Section 1177 of title 10, United States Code, as amended by subsection (a), applies with respect to members of the Armed Forces determined to be HIVpositive before, on, or after the date of the enactment of this Act. In the case of a member of the Armed Forces determined to be HIV-positive before such date, the deadline for separation of the member under subsection (a) of such section, as so amended, shall be determined from the date of the enactment of this Act (rather than from the date of such determination). SEC. 568. REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND MILITARY CHILD CARE ACT. (a) IN GENERAL.-(1) Subtitle A of title 10, United States Code, is amended by inserting after chapter 87 the following new chapter: "CHAPTER 88-MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE "Subchapter "I. Military Family Programs "II. Military Child Care Sec. 1781 1791 ferred to as the 'Office'). The Office shall be under the Assistant Secretary of Defense for Force Management and Personnel. "(b) DUTIES.-The Office "(1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and "(2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families. "(c) STAFF.-The Office shall have not less than five professional staff members. "§ 1782. Surveys of military families "(a) AUTHORITY.-The Secretary of Defense may conduct surveys of members of the armed forces on active duty or in an active status, members of the families of such members, and retired members of the armed forces to determine the effectiveness of Federal programs relating to military families and the need for new programs. "(b) RESPONSES TO BE VOLUNTARY.-Responses to surveys conducted under this section shall be voluntary. FEDERAL RECORDKEEPING REQUIRE "(c) MENTS. With respect to such surveys, family members of members of the armed forces and reserve and retired members of the armed forces shall be considered to be employees of the United States for purposes of section 3502(3)(A)(i) of title 44. "§ 1783. Family members serving on advisory committees "A committee within the Department of Defense which advises or assists the Department in the performance of any function which affects members of military families and which includes members of military families in its membership shall not be considered an advisory committee under section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership. "§ 1784. Employment opportunities for military spouses "(a) AUTHORITY.-The President shall order such measures as the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures may include "(1) excepting, pursuant to section 3302 of title 5, from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed forces in the same geographical area as the permanent duty station of the members; and "(2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the armed forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA-8 and below and equivalent positions and for positions paid at hourly rates. "(b) REGULATIONS.-The Secretary of Defense shall prescribe regulations "(1) to implement such measures as the President orders under subsection (a); "(2) to provide preference to qualified spouses of members of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member; "(3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and "(4) to ensure that the spouse of a member of the armed forces who applies for a vacant position in the Department of Defense shall, to the extent practicable, be considered for any such position located in the same geographic area as the permanent duty station of the member. "(c) STATUS OF PREFERENCE ELIGIBLES.— Nothing in this section shall be construed to provide a spouse of a member of the armed forces with preference in hiring over an individual who is a preference eligible. "§ 1785. Youth sponsorship program "(a) REQUIREMENT.-The Secretary of Defense shall require that there be at each military installation a youth sponsorship program to facilitate the integration of dependent children of members of the armed forces into new surroundings when moving to that military installation as a result of a parent's permanent change of station. "(b) DESCRIPTION OF PROGRAMS. The program at each installation shall provide for involvement of dependent children of members presently stationed at the military installation and shall be directed primarily toward children in their preteen and teenage years. "§ 1786. Dependent student travel within the United States "Funds available to the Department of Defense for the travel and transportation of dependent students of members of the armed forces stationed overseas may be obligated for transportation allowances for travel within or between the contiguous States. "§ 1787. Reporting of child abuse "(a) IN GENERAL.-The Secretary of Defense shall request each State to provide for the reporting to the Secretary of any report the State receives of known or suspected instances of child abuse and neglect in which the person having care of the child is a member of the armed forces (or the spouse of the member). "(b) DEFINITION.-In this section, the term 'child abuse and neglect' has the meaning provided in section 3(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102). "SUBCHAPTER II-MILITARY CHILD "Sec. CARE "1791. Funding for military child care. "1792. Child care employees. "1793. Parent fees. "1794. Child abuse prevention and safety at facilities. "1795. Parent partnerships with child development centers. "1796. Subsidies for family home day care. "1797. Early childhood education program. "1798. Definitions. "§ 1791. Funding for military child care "It is the policy of Congress that the amount of appropriated funds available during a fiscal year for operating expenses for military child development centers and programs shall be not less than the amount of child care fee receipts that are estimated to be received by the Department of Defense during that fiscal year. "§ 1792. Child care employees "(a) REQUIRED TRAINING.-(1) The Secretary of Defense shall prescribe regulations implementing, a training program for child care employees. Those regulations shall apply uniformly among the military departments. Subject to paragraph (2), satisfactory completion of the training program shall be a condition of employment of any person as a child care employee. "(2) Under those regulations, the Secretary shall require that each child care employee complete the training program not later than six months after the date on which the employee is employed as a child care employee. "(3) The training program established under this subsection shall cover, at a minimum, training in the following: "(A) Early childhood development. "(B) Activities and disciplinary techniques appropriate to children of different ages. "(C) Child abuse prevention and detection. "(D) Cardiopulmonary resuscitation and other emergency medical procedures. "(b) TRAINING AND CURRICULUM SPECIALISTS. (1) The Secretary of Defense shall require that at least one employee at each military child development center be a specialist in training and curriculum development. The Secretary shall ensure that such employees have appropriate credentials and experience. "(2) The duties of such employees shall include the following: "(A) Special teaching activities at the center. "(B) Daily oversight and instruction of other child care employees at the center. "(C) Daily assistance in the preparation of lesson plans. "(D) Assistance in the center's child abuse prevention and detection program. "(E) Advising the director of the center on the performance of other child care employ ees. "(3) Each employee referred to in paragraph (1) shall be an employee in a competitive service position. "(c) COMPETITIVE RATES OF PAY.-For the purpose of providing military child development centers with a qualified and stable civilian workforce, employees at a military installation who are directly involved in providing child care and are paid from nonappropriated funds "(1) in the case of entry-level employees, shall be paid at rates of pay competitive with the rates of pay paid to other entrylevel employees at that installation who are drawn from the same labor pool; and "(2) in the case of other employees, shall be paid at rates of pay substantially equivalent to the rates of pay paid to other employees at that installation with similar training, seniority, and experience. "(d) EMPLOYMENT PREFERENCE PROGRAM FOR MILITARY SPOUSES.-(1) The Secretary of Defense shall conduct a program under which qualified spouses of members of the armed forces shall be given a preference in hiring for the position of child care employee in a position paid from nonappropriated funds if the spouse is among persons determined to be best qualified for the position. "(2) A spouse who is provided a preference under this subsection at a military child development center may not be precluded from obtaining another preference, in accordance with section 1794 of this title, in the same geographic area as the military child development center. "(e) COMPETITIVE SERVICE POSITION DEFINED. In this section, the term 'competitive service position' means a position in the competitive service, as defined in section. 2102(a)(1) of title 5. "§ 1793. Parent fees "(a) IN GENERAL.-The Secretary of Defense shall prescribe regulations establishing fees to be charged parents for the attendance of children at military child development centers. Those regulations shall be uniform for the military departments and shall require that, in the case of children who attend the centers on a regular basis, the fees shall be based on family income. "(b) LOCAL WAIVER AUTHORITY.-The Secretary of Defense may provide authority to installation commanders, on a case-by-case basis, to establish fees for attendance of children at child development centers at rates lower than those prescribed under subsection (a) if the rates prescribed under subsection (a) are not competitive with rates at local non-military child development centers. "$1794. Child abuse prevention and safety at facilities "(a) CHILD ABUSE TASK FORCE.-The Secretary of Defense shall maintain a special task force to respond to allegations of widespread child abuse at a military installation. The task force shall be composed of personnel from appropriate disciplines, including, where appropriate, medicine, psychology, and childhood development. In the case of such allegations, the task force shall provide assistance to the commander of the installation, and to parents at the installation, in helping them to deal with such allegations. "(b) NATIONAL HOTLINE.-(1) The Secretary of Defense shall maintain a national telephone number for persons to use to report suspected child abuse or safety violations at a military child development center or family home day care site. The Secretary shall ensure that such reports may be made anonymously if so desired by the person making the report. The Secretary shall establish procedures for following up on complaints and information received over that number. "(2) The Secretary shall publicize the existence of the number. "(c) ASSISTANCE FROM LOCAL AUTHORITIES. The Secretary of Defense shall prescribe regulations requiring that, in a case of allegations of child abuse at a military child development center or family home day care site, the commander of the military installation or the head of the task force established under subsection (a) shall seek the assistance of local child protective authorities if such assistance is available. "(d) SAFETY REGULATIONS.-The Secretary of Defense shall prescribe regulations on safety and operating procedures at military child development centers. Those regulations shall apply uniformly among the military departments. "(e) INSPECTIONS. The Secretary of Defense shall require that each military child development center be inspected not less often than four times a year. Each such inspection shall be unannounced. At least one inspection a year shall be carried out by a representative of the installation served by the center, and one inspection a year shall be carried out by a representative of the major command under which that installation operates. "(f) REMEDIES FOR VIOLATIONS. (1) Except as provided in paragraph (2), any violation of a safety, health, or child welfare law or regulation (discovered at an inspection or otherwise) at a military child development center shall be remedied immediately. "(2) In the case of a violation that is not life threatening, the commander of the major command under which the installation concerned operates may waive the requirement that the violation be remedied immediately for a period of up to 90 days beginning on the date of the discovery of the violation. If the violation is not remedied as of the end of that 90-day period, the military child development center shall be closed until the violation is remedied. The Secretary of the military department concerned may waive the preceding sentence and authorize the center to remain open in a case in which the violation cannot reasonably be remedied within that 90-day period or in which major facility reconstruction is required. "$1795. Parent partnerships with child development centers "(a) PARENT BOARDS.-The Secretary of Defense shall require that there be established at each military child development center a board of parents, to be composed of parents of children attending the center. The board shall meet periodically with staff of the center and the commander of the installation served by the center for the purpose of discussing problems and concerns. The board, together with the staff of the center, shall be responsible for coordinating the parent participation program described in subsection (b). "(b) PARENT PARTICIPATION PROGRAMS.The Secretary of Defense shall require the establishment of a parent participation program at each military child development center. As part of such program, the Secretary of Defense may establish fees for attendance of children at such a center, in the case of parents who participate in the parent participation program at that center, at rates lower than the rates that otherwise apply. "$1796. Subsidies for family home day care "The Secretary of Defense may use appropriated funds available for military child. care purposes to provide assistance to family home day care providers so that family home day care services can be provided to members of the armed forces at a cost comparable to the cost of services provided by military child development centers. The Secretary shall prescribe regulations for the provision of such assistance. "§ 1797. Early childhood education program "The Secretary of Defense shall require that all military child development centers meet standards of operation necessary for accreditation by an appropriate national early childhood programs accrediting body. "$1798. Definitions "In this subchapter: "(1) The term 'military child development center' means a facility on a military installation (or on property under the jurisdiction of the commander of a military installation) at which child care services are provided for members of the armed forces or any other facility at which such child care services are provided that is operated by the Secretary of a military department. "(2) The term 'family home day care' means home-based child care services that are provided for members of the armed forces by an individual who (A) is certified by the Secretary of the military department concerned as qualified to provide those services, and (B) provides those services on a regular basis for compensation. "(3) The term 'child care employee' means a civilian employee of the Department of Defense who is employed to work in a military child development center (regardless of whether the employee is paid from appropriated funds or nonappropriated funds). "(4) The term 'child care fee receipts' means those nonappropriated funds that are derived from fees paid by members of the armed forces for child care services provided at military child development centers.". (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of title 10, United States Code, are amended by inserting after the item relating to chapter 87 the following new item: "88. Military Family Programs and Military Child Care 1781". (b) REPORT ON FIVE-YEAR DEMAND FOR CHILD CARE.-(1) Not later than the date of the submission of the budget for fiscal year 1997 pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress a report on the expected demand for child care by military and civilian personnel of the Department of Defense during fiscal years 1997 through 2001. (2) The report shall include (A) a plan for meeting the expected child. care demand identified in the report; and (B) an estimate of the cost of implementing that plan. (3) The report shall also include a description of methods for monitoring family home day care programs of the military departments. (c) PLAN FOR IMPLEMENTATION OF ACCREDITATION REQUIREMENT.-The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a plan for carrying out the requirements of section 1787 of title 10, United States Code, as added by subsection (a). The plan shall be submitted not later than April 1, 1997. (d) CONTINUATION OF DELEGATION OF AUTHORITY WITH RESPECT TO HIRING PREFERENCE FOR QUALIFIED MILITARY SPOUSES.— The provisions of Executive Order No. 12568, issued October 2, 1986 (10 U.S.C. 113 note), shall apply as if the reference in that Executive order to section 806(a)(2) of the Department of Defense Authorization Act of 1986 refers to section 1784 of title 10, United States Code, as added by subsection (a). (e) REPEALER.-The following provisions of law are repealed: (1) The Military Family Act of 1985 (title VIII of Public Law 99-145; 10 U.S.C. 113 note). (2) The Military Child Care Act of 1989 (title XV of Public Law 101-189; 10 U.S.C. 113 note). SEC. 569. DETERMINATION OF WHEREABOUTS AND STATUS OF MISSING PERSONS. (a) PURPOSE.-The purpose of this section is to ensure that any member of the Armed Forces (and any Department of Defense civilian employee or contractor employee who serves with or accompanies the Armed Forces in the field under orders) who becomes missing or unaccounted for is ultimately accounted for by the United States and, as a general rule, is not declared dead solely because of the passage of time. (b) IN GENERAL.—(1) Part II of subtitle A of title 10, United States Code, is amended by inserting after chapter 75 the following new chapter: "Sec. "CHAPTER 76-MISSING PERSONS "1501. System for accounting for missing per sons. "1502. Missing persons: initial report. "1503. Actions of Secretary concerned; initial board inquiry. "1504. Subsequent board of inquiry. "1505. Further review. "1506. Personnel files. "1507. Recommendation of status of death. "1508. Judicial review. "1509. Preenactment, special interest cases. "1510. Applicability to Coast Guard. "1511. Return alive of person declared missing or dead. "1512. Effect on State law. "1513. Definitions. "§ 1501. System for accounting for missing persons "(a) OFFICE FOR MISSING PERSONNEL.—(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense an office to have responsibility for Department of Defense policy relating to missing persons. Subject to the authority, direction, and control of the Secretary of Defense, the responsibilities of the office shall include "(A) policy, control, and oversight within the Department of Defense of the entire process for investigation and recovery related to missing persons (including matters related to search, rescue, escape, and evasion); and "(B) coordination for the Department of Defense with other departments and agencies of the United States on all matters concerning missing persons. "(2) In carrying out the responsibilities of the office established under this subsection, the head of the office shall be responsible for the coordination for such purposes within the Department of Defense among the military departments, the Joint Staff, and the commanders of the combatant commands. "(3) The office shall establish policies, which shall apply uniformly throughout the Department of Defense, for personnel recovery (including search, rescue, escape, and evasion). "(4) The office shall establish procedures to be followed by Department of Defense boards of inquiry, and by officials reviewing the reports of such boards, under this chapter. "(b) UNIFORM DOD PROCEDURES.-(1) The Secretary of Defense shall prescribe procedures, to apply uniformly throughout the Department of Defense, for "(A) the determination of the status of persons described in subsection (c); and "(B) for the systematic, comprehensive, and timely collection, analysis, review, dissemination, and periodic update of information related to such persons. “(2) Such procedures may provide for the delegation by the Secretary of Defense of any responsibility of the Secretary under this chapter to the Secretary of a military department. "(3) Such procedures shall be prescribed in a single directive applicable to all elements of the Department of Defense. "(4) As part of such procedures, the Secretary may provide for the extension, on a case-by-case basis, of any time limit specified in section 1502, 1503, or 1504 of this title. Any such extension may not be for a period in excess of the period with respect to which the extension is provided. Subsequent extensions may be provided on the same basis. "(c) COVERED PERSONS.-Section 1502 of this title applies in the case of the following persons: "(1) Any member of the armed forces on active duty who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for. "(2) Any civilian employee of the Department of Defense, and any employee of a contractor of the Department of Defense, who serves with or accompanies the armed forces in the field under orders who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for. "(d) PRIMARY NEXT OF KIN.-The individual who is primary next of kin of any person prescribed in subsection (c) may for purposes of this chapter designate another individual to act on behalf of that individual as primary next of kin. The Secretary concerned shall treat an individual so designated as if the individual designated were the primary next of kin for purposes of this chapter. A designation under this subsection may be revoked at any time by the person who made the designation. "(e) TERMINATION OF APPLICABILITY OF PROCEDURES WHEN MISSING PERSON IS ACCOUNTED FOR.-The provisions of this chapter relating to boards of inquiry and to the actions by the Secretary concerned on the reports of those boards shall cease to apply in the case of a missing person upon the person becoming accounted for or otherwise being determined to be in a status other than missing. "(f) SECRETARY CONCERNED.-In this chapter, the term 'Secretary concerned' includes, in the case of a civilian employee of the Department of Defense or contractor of the De "(a) PRELIMINARY ASSESSMENT AND RECOMMENDATION BY COMMANDER.-After receiving information that the whereabouts and status of a person described in section 1501(c) of this title is uncertain and that the absence of the person may be involuntary, the commander of the unit, facility, or area to or in which the person is assigned shall make a preliminary assessment of the circumstances. If, as a result of that assessment, the commander concludes that the person is missing, the commander shall "(1) recommend that the person be placed in a missing status; and "(2) not later than 48 hours after receiving such information, transmit a report containing that recommendation to the theater component commander with jurisdiction over the missing person in accordance with procedures prescribed under section 1501(b) of this title. "(b) TRANSMISSION THROUGH THEATER COMPONENT COMMANDER.-Upon reviewing a report under subsection (a) recommending that a person be placed in a missing status, the theater component commander shall ensure that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. Not later than 14 days after receiving the report, the theater component commander shall forward the report to the Secretary of Defense or the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title. The theater component commander shall include with such report a certification that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. "(c) SAFEGUARDING AND FORWARDING OF RECORDS.-A commander making a preliminary assessment under subsection (a) with respect to a missing person shall (in accordance with procedures prescribed under section 1501 of this title) safeguard and forward for official use any information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person. The theater component commander through whom the report with respect to the missing person is transmitted under subsection (b) shall ensure that all pertinent information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, damage, or modification. "§ 1503. Actions of Secretary concerned; initial board inquiry "(a) DETERMINATION BY SECRETARY.-Upon receiving a recommendation under section 1502(b) of this title that a person be placed in a missing status, the Secretary receiving the recommendation shall review the recommendation and, not later than 10 days after receiving such recommendation, shall appoint a board under this section to conduct an inquiry into the whereabouts and status of the person. "(b) INQUIRIES INVOLVING MORE THAN ONE MISSING PERSON.-If it appears to the Secretary who appoints a board under this section that the absence or missing status of two or more persons is factually related, the Secretary may appoint a single board under this section to conduct the inquiry into the whereabouts and status of all such persons. "(c) COMPOSITION.-(1) A board appointed under this section to inquire into the where |