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Subtitle E—Recruiting and Accession Programs

SEC. 541. 18-MONTH ENLISTMENT PILOT PROGRAM.

(a) IN GENERAL.—(1) Chapter 333 of title 10, United States Code, is amended by adding at the end the following new section:

‘‘§ 3264. 18-month enlistment pilot program

‘‘(a) During the pilot program period, the Secretary of the Army shall carry out a pilot program with the objective of increasing participation of prior service persons in the Selected Reserve and providing assistance in building the pool of participants in the Individual Ready Reserve.

‘‘(b) Under the program, the Secretary may, notwithstanding section 505(c) of this title, accept persons for original enlistment

10 USC 4337 note.

in the Army for a term of enlistment consisting of 18 months service on active duty, to be followed by three years of service in the Selected Reserve and then service in the Individual Ready Reserve to complete the military service obligation.

‘‘(c) Under regulations and conditions established by the Sec-retary of the Army, a member enlisting under this section may, at the end of the 18-month period of service on active duty under that enlistment, be permitted to reenlist for continued service on active duty in lieu of the service in the Selected Reserve and the Individual Ready Reserve otherwise required under the terms of the member’s enlistment.

‘‘(d) No more than 10,000 persons may be accepted for enlist-ment in the Army through the program under this section.

‘‘(e) A person enlisting in the Army through the program under this section is eligible for an enlistment bonus under section 309 of title 37, notwithstanding the enlistment time period specified in subsection (a) of that section.

‘‘(f) For purposes of this section, the pilot program period is the period beginning on the date selected by the Secretary of the Army for the commencement of the pilot program, which date shall be not later than October 1, 2003, and ending on December 31, 2007.

‘‘(g) Not later than December 31, 2007, and December 31, 2012, the Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the program under this section. In each such report, the Secretary shall set forth the views of the Secretary on the success of the program in meeting the objectives stated in subsection (a) and whether the program should be continued and, if so, whether it should be modified or expanded.’’.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

‘‘3264. 18-month enlistment pilot program.’’.

(b) IMPLEMENTATIONREPORT.—The Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the Secretary’s plan for implementation of section 3264 of title 10, United States Code, as added by subsection (a).

Such report shall be submitted not later than March 1, 2002.

SEC. 542. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST PROGRAM.

(a) INCREASED MAXIMUM PERIOD OF DELAYED ENTRY.—Section 573 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 623; 10 U.S.C. 513 note) is amended—

(1) in subsection (b)—

(A) by striking the matter preceding paragraph (1) and inserting the following:

‘‘(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDU

-CATION.—Under the pilot program, the Secretary may—

‘‘(1) exercise the authority under section 513 of title 10, United States Code—’’;

(B) by redesignating paragraphs (1) and (2) as subpara-graphs (A) and (B), respectively, and realigning those sub-paragraphs four ems from the left margin;

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10 USC 3264 note.

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Reports.

(C) at the end of subparagraph (A), as so redesignated, by inserting ‘‘and’’ after the semicolon; and

(D) in subparagraph (B), as so redesignated, by striking

‘‘two years after the date of such enlistment as a Reserve under paragraph (1)’’ and inserting ‘‘the maximum period of delay determined for that person under subsection (c)’’;

and

(2) in subsection (c)—

(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘para-graph (1)(B)’’;

(B) by striking ‘‘two-year period’’ and inserting ‘‘30-month period’’; and

(C) by striking ‘‘paragraph (1)’’ and inserting ‘‘para-graph (1)(A)’’.

(b) ALLOWANCE ELIGIBILITY AND AMOUNT.—(1) Such section is further amended—

(A) in subsection (b), by striking paragraph (3) and inserting the following:

‘‘(2) subject to paragraph (2) of subsection (d) and except as provided in paragraph (3) of that subsection, pay an allow-ance to a person accepted for enlistment under paragraph (1)(A) for each month of the period during which that person is enrolled in and pursuing a program described in paragraph (1)(B)’’; and

(B) in subsection (d)—

(i) by redesignating paragraph (2) as paragraph (4);

(ii) by striking paragraph (1) and inserting the fol-lowing new paragraphs:

‘‘(1) The monthly allowance paid under subsection (b)(2) shall be equal to the amount of the subsistence allowance provided for certain members of the Senior Reserve Officers’ Training Corps with the corresponding number of years of participation under section 209(a) of title 37, United States Code.

‘‘(2) An allowance may not be paid to a person under this section for more than 24 months.

‘‘(3) A member of the Selected Reserve of a reserve component may be paid an allowance under this section only for months during which the member performs satisfactorily as a member of a unit of the reserve component that trains as prescribed in section 10147(a)(1) of title 10, United States Code, or section 502(a) of title 32, United States Code. Satisfactory performance shall be determined under regulations prescribed by the Secretary.’’.

(2) The heading for such subsection is amended by striking

‘‘AMOUNT OF’’.

(c) INELIGIBILITY FOR LOAN REPAYMENTS; RECOUPMENT.—Such section is further amended—

(1) by redesignating subsections (e), (f), and (g) as sub-sections (g), (h), and (i), respectively; and

(2) by inserting after subsection (d) the following new sub-sections:

‘‘(e) INELIGIBILITY FOR LOAN REPAYMENTS.—A person who has received an allowance under this section is not eligible for any benefits under chapter 109 of title 10, United States Code.

‘‘(f) RECOUPMENT OF ALLOWANCE.—(1) A person who, after receiving an allowance under this section, fails to complete the total period of service required of that person in connection with delayed entry authorized for the person under section 513 of title

Regulations.

10, United States Code, shall repay the United States the amount which bears the same ratio to the total amount of that allowance paid to the person as the unserved part of the total required period of service bears to the total period.

‘‘(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.

‘‘(3) A discharge of a person in bankruptcy under title 11, United States Code, that is entered less than five years after the date on which the person was, or was to be, enlisted in the regular Army pursuant to the delayed entry authority under section 513 of title 10, United States Code, does not discharge that person from a debt arising under paragraph (1).

‘‘(4) The Secretary of the Army may waive, in whole or in part, a debt arising under paragraph (1) in any case for which the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to persons who, on or after the date of the enactment of this Act, are enlisted as described in subsection (a) of section 513 of title 10, United States Code, with delayed entry authorized under that section.

SEC. 543. CORRECTION AND EXTENSION OF CERTAIN ARMY RECRUITING PILOT PROGRAM AUTHORITIES.

(a) CONTRACT RECRUITING INITIATIVES.—Subsection (d)(2) of section 561 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–

398; 114 Stat. 1654A–130) is amended—

(1) in subparagraphs (A) and (D), by inserting ‘‘and Army Reserve’’ after ‘‘Regular Army’’; and

(2) in subparagraph (B), by striking ‘‘and chain of com-mand’’.

(b) EXTENSION OF AUTHORITY.—Subsection (e) of such section is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘Sep-tember 30, 2007’’.

(c) EXTENSION OF TIME FOR REPORTS.—Subsection (g) of such section is amended by striking ‘‘February 1, 2006’’ and inserting

‘‘February 1, 2008’’.

SEC. 544. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL STUDENTS.

(a) ACCESS TO SECONDARY SCHOOLS.—Paragraph (1) of section 503(c) of title 10, United States Code, is amended to read as follows:

‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1)(A) Each local edu-cational agency receiving assistance under the Elementary and Secondary Education Act of 1965—

‘‘(i) shall provide to military recruiters the same access to secondary school students as is provided generally to postsec-ondary educational institutions or to prospective employers of those students; and

‘‘(ii) shall, upon a request made by military recruiters for military recruiting purposes, provide access to secondary school student names, addresses, and telephone listings, notwith-standing section 444(a)(5)(B) of the General Education Provi-sions Act (20 U.S.C. 1232g(a)(5)(B)).

10 USC 503 note.

Applicability.

10 USC 513 note.

‘‘(B) A local educational agency may not release a student’s name, address, and telephone listing under subparagraph (A)(ii) without the prior written consent of a parent of the student if the student, or a parent of the student, has submitted a request to the local educational agency that the student’s information not be released for a purpose covered by that subparagraph without prior written parental consent. Each local education agency shall notify parents of the rights provided under the preceding sentence.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on July 1, 2002, immediately after the amendment to section 503(c) of title 10, United States Code, made, effective that date, by section 563(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–131).

(c) NOTIFICATION.—The Secretary of Education shall provide to local educational agencies notice of the provisions of subsection (c) of section 503 of title 10, United States Code, as in effect upon the amendments made by subsection (a). Such notice shall be provided not later than 120 days after the date of the enactment of this Act and shall be provided in consultation with the Secretary of Defense.

SEC. 545. PERMANENT AUTHORITY FOR USE OF MILITARY RECRUITING FUNDS FOR CERTAIN EXPENSES AT DEPART-MENT OF DEFENSE RECRUITING FUNCTIONS.

(a) REPEAL OF TERMINATION PROVISION.—Section 520c of title 10, United States Code, is amended by striking subsection (c).

(b) TECHNICAL AMENDMENTS.—Subsection (a) of such section is amended—

(1) in paragraph (4), by striking ‘‘recruiting events’’ and inserting ‘‘recruiting functions’’; and

(2) in paragraph (5), by striking ‘‘recruiting efforts’’ the first place it appears and inserting ‘‘recruiting functions’’.

SEC. 546. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-ACCESSION TRAINING AND EDUCATION PROGRAMS.

(a) STUDY.—The Secretary of Defense shall conduct a review of the health and disability benefit programs available to recruits and officer candidates engaged in training, education, or other types of programs while not yet on active duty and to cadets and midshipmen attending the service academies. The review shall be conducted with the participation of the Secretaries of the military departments.

(b) REPORT.—Not later than March 1, 2002, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the review. The report shall include the following with respect to persons described in subsection (a):

(1) A statement of the process and detailed procedures followed by each of the Armed Forces under the jurisdiction of the Secretary of a military department to provide health care and disability benefits to all such persons injured in training, education, or other types of programs conducted by the Secretary of a military department.

(2) Information on the total number of cases of such persons requiring health care and disability benefits and the total number of cases and average value of health care and disability

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10 USC 503 note.

10 USC 503 note.

benefits provided under the authority for each source of benefits available to those persons.

(3) A discussion of the issues regarding health and dis-ability benefits for such persons that are encountered by the Secretary during the review, to include discussions with individ-uals who have received those benefits.

(4) A statement of the processes and detailed procedures followed by each of the Armed Forces under the jurisdiction of the Secretary of a military department to provide recruits and officer candidates with succinct information on the eligi-bility requirements (including information on when they become eligible) for health care benefits under the Defense health care program, and the nature and availability of the benefits under the program.

(5) A discussion of the necessity for legislative changes and specific legislative proposals needed to improve the benefits provided those persons.

(6) An analysis of health and disability benefits under laws administered by the Department of Veterans Affairs and the Department of Labor for which those persons become eligible upon being injured in training or education and a discussion of how those benefits compare to the benefits those persons would receive if retired for physical disability by the Department of Defense.

Subtitle F—Decorations, Awards, and