107 STAT. 1684 PUBLIC LAW 103-160—NOV. 30, 1993 former member under this paragraph pursuant to clause (i) or (ii); "(C) is dependent on the member for over one-half of the person's support; "(D) resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and "(E) is not a dependent of a member under any other paragraph.**. 37 USC 401 note. (b) APPLICATION OF AMENDMENT. — Section 401(a)(4) of title 37, United States Code, as added by subsection (a), shall apply with respect to determinations of dependency made on or after July 1, 1994. SEC. 632. CLARIFICATION OF EUdBILITY FOR TUITION ASSISTANCE. Section 2007 of title 10, United States Code, is amended by adding at the end the foUovdng new subsection: "(d) Subsection (c)(3) may not be construed to prohibit the Secretary of a military department from exercising any authority that the Secretary may have to pay charges of an educational institution (within the limits set forth in subsection (a)) in the case of— "(1) a warrant officer on active duty or full-time National Guard duty; "(2) a commissioned officer on full-time National Guard duty; or "(3) a commissioned officer on active duty who satisfies the condition in subsection (a)(3) relating to an agreement to remain on active duty.**. SEC. 633. SENSE OF CONGRESS REGARDING THE PROVISION OF EXCESS LEAVE AND PERMISSIVE TEMPORARY DUTY FOR MEMBERS FROM OUTSIDE THE CONTINENTAL UNITED STATES. (a) SENSE OF CONGRESS.— It is the sense of Congress that the Secretary of Defense should ensure that a member of the Armed Forces whose home of record is outside the continental United States and who is stationed inside the continental United States at the time of the separation of the member will be eligible to receive the same amount of excess leave or permissive temporary duty under section 1149 of title 10, United States Code, as a member who is stationed overseas. (b) DEFINITION.—For purposes of this section, the term "continental United States** means the 48 contiguous States and the District of Columbia. SEC. 634. SPECIAL PAY FOR CERTAIN DISABLED MEMBERS. (a) SPECIAL PAY FOR CERTAIN DISABLED MEMBERS.^A person who has a service-connected disability rated as total may be paid special pay under this section if the person is entitled to emergency officers*, regular, or reserve retirement pay based solely on— (1) the person's age; (2) the length of the person*s service in the uniformed services; or (3) both the person*s age and the length of such service.
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