[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3616 Introduced in House (IH)]
2d Session
HR 3616
To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1999, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 1998
Mr. Spence (for himself and Mr. Skelton) (both by request) introduced
the following bill; which was referred to the Committee on National
Security
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Authorizations of Multi-Year Contracts for the Army and the
Navy.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of Appropriations.
Subtitle B--Other Matters
Sec. 211. Low-rate Initial Production of Weapons Systems.
Sec. 212. Extension of Authority to Permit the Use of Test and
Evaluation Installations by Commercial
Entities.
Sec. 213. Technical Correction Concerning Information Disclosure.
TITLE III--OPERATION AND MAINTENANCE
Sec. 301. Operation and Maintenance Funding.
Sec. 302. Working Capital Funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from the National Defense Stockpile Transaction
Fund.
Sec. 306. Payment of Stipulated Penalties Assessed under the
Comprehensive Environmental Response
Compensation and Liability Act, of 1980 in
Connection with McClellan Air Force Base,
California.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End Strengths for Active Forces.
Sec. 402. Repeal of Minimum End Strength Provisions to Conform End
Strength Management Provisions with the
Budget.
Sec. 403. Annual Manpower Requirements Report.
Sec. 404. Joint Staff General Officer and Flag Structure.
Subtitle B--Reserve Forces
Sec. 411. End Strengths for Selected Reserve.
Sec. 412. End Strengths for Reserves on Active Duty in Support of the
Reserves.
Sec. 413. End Strengths for Military Technicians (Dual Status).
Sec. 414. Increase in Number of Members in Certain Grades Authorized to
be on Active Duty in Support of the
Reserves.
Sec. 415. Excluding Certain Reserve Component Members on Active Duty
for 181 Days or More from Active Component
End Strengths.
Subtitle C--Authorization of Appropriations-Reserve Mobilization Income
Insurance Fund
Sec. 421. Reserve Mobilization Income Insurance Fund.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Active Forces
Sec. 501. Promotion Policy Objectives for Joint Officers.
Sec. 502. Selective Early Retirement Boards of Reserve General and Flag
Officers of the Navy and Marine Corps:
Board Composition.
Sec. 503. Active Status Service Requirement for Promotion Consideration
for Reserve Brigadier Generals of the Army
and Air Force.
Sec. 504. Posthumous Commissions and Warrants.
Sec. 505. Exclusion of Regular Chief Warrant Officers, W-4, from
Involuntary Retirement for Non-Selection
for promotion.
Sec. 506. Clarification of Selection Procedures for the Judge Advocates
General and the Assistant/deputy Judge
Advocates General of the Military
Departments.
Sec. 507. To Establish the Term of Office of the Chief of the Air Force
Nurse Corps as Three Years.
Sec. 508. Time-in-Grade Requirements of Reserve General and Flag
Officers.
Sec. 509. Separation of Regular Officers for Substandard Performance of
Duty or Certain Other Reasons.
Sec. 510. Special Selection Board Consideration for Certain Officers,
Retired Officers, or Former Officers of the
Armed Forces.
Subtitle B--Reserve Forces
Sec. 511. Active Guard And Reserve Personnel in Support of Active or
Reserve Component.
Sec. 512. Correction of Amendment to Reserve Officer Management Act
Provision.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Military Pay
Sec. 601. Increase in Basic Pay for Fiscal Year 1999.
Subtitle B--Bonus and Incentive Pay
Sec. 611. Extension of Authority Relating to Payment of Other Bonuses
and Special Pays.
Sec. 612. One-year Extension of Certain Bonuses and Special Pay
Authorities for Reserve Forces.
Sec. 613. Extension of Special Pay for Nurse Anesthetists.
Sec. 614. Reenlistment Bonus Eligibility for Members of the Reserve
Components Who Perform Active Guard and
Reserve Duty.
Sec. 615. Increased Maximum Bonus for Enlistment in the Army.
Subtitle C--Other Matters
Sec. 621. Rest and Recuperation Transportation.
Sec. 622. Deletion of Canal Zone from Definition of ``Possessions''.
Sec. 623. Storage of Student Dependent's Unaccompanied Baggage.
Sec. 624. United States Air Force Institute of Technology.
Sec. 625. Annual Leave; Accumulation.
Sec. 626. Effective Dates of Survivor Benefit Coverage.
Sec. 627. Leave Without Pay for Suspended Cadets and Midshipmen.
Sec. 628. Removal of Ten Percent Restriction on Selective Reenlistment
Bonuses.
Sec. 629. Authorization to Provide an Educational Allowance in Overseas
Areas.
Sec. 630. Dental Insurance Program Improvements.
Sec. 631. Provision for Recovery, Care, and Disposition of the Remains
of All Medically Retired Members.
Sec. 632. Modification to Voluntary Separation Incentive to Ensure
Continued Eligibility For Members Who
Involuntarily Lose Membership in a Reserve
Component.
Sec. 633. Amendment of Eligibility Requirements for Attendance at
Department of Defense Domestic Dependent
Elementary And Secondary Schools; Waiver of
Five-Year Limit.
Sec. 634. Retirement for Length of Service.
Sec. 635. Navy Limited Duty Officers; Retirement for Years of Service.
TITLE VII--ACQUISITION POLICY
Sec. 701. Repeal of Limitation on Authority to Delegate Approval of
Noncompetitive Procedures.
Sec. 702. Modification to Cost or Pricing Data: Truth in Negotiations.
Sec. 703. Procurement Technical Assistance Program Distribution
Conforming Amendment.
Sec. 704. Procurement Technical Assistance Program Limitation.
Sec. 705. Repeal of Requirements Relating to Undefinitized Contractual
Actions.
Sec. 706. Contract Disputes Act Amendment Relating to Payment of
Interest on Contractor Claims.
Sec. 707. Critical Acquisition Positions.
Sec. 708. Acquisition Corps Eligibility.
Sec. 709. OFPP Test Program for Executive Agencies.
Sec. 710. Mentor-Protege Program.
Sec. 711. Holding GAO Protest Proceedings in Abeyance.
Sec. 712. Revision to Restrictions on Procurements from Foreign
Sources.
TITLE VIII--DEPARTMENT OF DEFENSE MANAGEMENT
Subtitle A--Department of Defense General Management
Sec. 801. Authority to Pay Certain Expenses Relating to Humanitarian
and Civic Assistance for Clearance of
Landmines.
Sec. 802. Collection of Dishonored Checks Issued to the Defense
Commissary Agency.
Sec. 803. Revision of Inspection Requirements Relating to the Armed
Forces Retirement Home.
Sec. 804. Protection of Operational Files of the National Imagery and
Mapping Agency.
Sec. 805. Protection of Commercial Sources.
Sec. 806. Repeal of Export Controls on High Performance Computers.
Sec. 807. Repeal of Requirement to Transfer Tactical Airlift Mission to
Reserve Components.
Sec. 808. Codification of Provisions Pertaining to George C. Marshall
European Center for Security Studies;
Waiver of Charges for Certain Participants
of the Asia Pacific Center.
Subtitle B--Department of Defense Personnel Management
Sec. 811. Demonstration Project Relating to Certain Personnel
Management Policies and Procedures of the
Defense Commissary Agency.
Sec. 812. Employment Preference Program for Military Spouses.
Sec. 813. Preservation of Civil Service Rights for Employees of the
Former Defense Mapping Agency.
Sec. 814. Clarification of Defense Civilian Personnel System Positions.
Sec. 815. Modification to Management Training Program in Japanese
Language and Culture.
Sec. 816. Experimental Personnel Authority--Defense Advance Research
Projects Agency.
TITLE IX--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 901. Repeal of Requirement For Separate Budget Request For
Procurement of Reserve Equipment.
Sec. 902. Repeal of Requirement for Two-year Budget Cycle for the
Department of Defense.
Sec. 903. Chemical Stockpile Emergency Preparedness Program.
Sec. 904. Authority to Move Funds for Combating Terrorism Support to
Military Operations.
Sec. 905. Transfer of Funds: Procedure and Limitations.
Sec. 906. Ballistic Missile Defense Program Elements.
Sec. 907. Transfer of Funds Related to the Execution of Military Family
Housing Privatization Projects.
Sec. 908. Clarification of the Proper Charges to Military Construction
Design Funds.
Sec. 909. Payment of Foreign Licensing Fees from the Proceeds Received
from the Sale of Maps, Charts, and
Navigational Books.
Sec. 910. Fees at Military History Institutes.
Subtitle B--Miscellaneous Report Requirements and Repeals
Sec. 911. Repeal of Obsolete Reporting Requirement.
Sec. 912. Repeal of Report on NATO Conventional Defense Capabilities.
Sec. 913. Repeal of Outdated Reports on Allied Burdensharing.
Sec. 914. Repeal of Reporting Requirements Relating to Training of
Special Operations Forces with Friendly
Foreign Forces.
Sec. 915. Repeal of Annual Report on the Defense Business Operations
Fund.
Sec. 916. Repeal of Annual Report on Use of Authority by the Defense
Contract Audit Agency to Subpoena Records
of Defense Contractors.
Sec. 917. Repeal of Report on Use of Funds Received from the Lease of
Non-excess Property.
Sec. 918. Repeal of Studies and Reports on Demonstration Projects for
Delivery of Health Care.
Sec. 919. Reduction in Frequency of Report on Promotion of Joint
Officers.
Sec. 920. Repeal of Commission Report on Alternative Utilization of
Military Facilities.
Sec. 921. Repeal of Report on Proposed Contract for Sale of Gregg
Circle Area, Fort Jackson, South Carolina.
Sec. 922. Exceptions from Reporting Requirements for Emergency Real
Property Transactions.
Sec. 923. Repeal of Notification Requirements Relating to Inspector
General Investigations.
Sec. 924. Repeal of Reporting of Certain Elements of Overseas Basing
Costs.
Sec. 925. Inflation Adjustment to Notification Requirement for
Architectural and Engineering Services and
Construction Design Contract.
Subtitle C--Matters Relating to Terrorism
Sec. 931. Authority to Purchase Nontactical Armored Passenger Vehicles
under Emergency Situations for Combating
Terrorism and Military Force Protection
Support.
Sec. 932. Maintenance and Operation of Equipment for Counter-Terrorism.
Subtitle D--Matters Relating to Counter Drug Operations
Sec. 941. Department of Defense Support for Counter-Drug Activities.
Sec. 942. Expansion and Extension of Authority to Provide Additional
Support for Counter-Drug Activities of
Selected Caribbean Countries.
Subtitle E--Other Matters
Sec. 951. Definition of Financial Institution For Direct Deposit of
Pay.
Sec. 952. Release of Drug Test Results of Civil Service Mariners of the
Military Sealift Command.
Sec. 953. Disposition of Collections Recovered from Claims against
Third Parties for Loss or Damage to
Personal Property Shipped or Stored at
Government Expense.
Sec. 954. Transportation of Polychlorinated Biphenyls.
Sec. 955. Rental of Family Housing in Italy and Korea.
Sec. 956. Pilot Program on Separate Notice by Federal Agency Prior to
Garnishment For Child Support and Alimony.
Sec. 957. Long-term Charter of Three Vessels in Support of Submarine
Rescue, Escort, and Towing.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement for the Army as follows:
(1) For aircraft, $1,325,943,000.
(2) For missiles, $1,205,768,000.
(3) For weapons and tracked combat vehicles,
$1,433,608,000.
(4) For ammunition, $1,008,855,000.
(5) For other procurement, $3,198,811,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1999 for procurement for the Navy as follows:
(1) For aircraft, $7,466,734,000.
(2) For weapons, including missiles and torpedoes,
$1,327,545,000.
(3) For shipbuilding and conversion, $6,252,672,000.
(4) For procurement of ammunition for the Navy and the
Marine Corps, $429,539,000.
(5) For other procurement, $3,937,737,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1999 for procurement for the Marine Corps in the amount
of $745,858,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement for the Air Force as follows:
(1) For aircraft, $7,756,475,000.
(2) For missiles, $2,359,803,000.
(3) For procurement of ammunition, $384,161,000.
(4) For other procurement, $6,974,387,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1999
for defense-wide procurement in the amount of $2,041,650,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement for the Defense Inspector General in the amount of
$1,300,000.
SEC. 106. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1999
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $402,387,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1999
in the amount of $855,100,000 for--
(1) the destruction of lethal chemical weapons in
accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare material of the
United States that is not covered by section 1412 of such Act.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
Multi-year contracts may be entered into in accordance with section
2306 of title 10, United States Code, as follows:
(1) For the Army:
(A) Medium Tactical Vehicle Replacement (MTVR)
vehicle; and
(B) Longbow Hellfire Missile.
(2) For the Navy:
(A) AV-8B aircraft;
(B) E-2C aircraft; and
(C) T-45 aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201 AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1999
for the use of the Armed Forces for research, development, test, and
evaluation, as follows:
(1) For the Army, $4,780,545,000.
(2) For the Navy, $8,108,923,000.
(3) For the Air Force, $13,598,093,000.
(4) For Defense-wide research, development, test, and
evaluation, $9,591,016,000 of which--
(A) $251,106,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $25,245,000 is authorized for the Director of
Operational Test and Evaluation.
Subtitle B--Other Matters
SEC. 211. LOW-RATE INITIAL PRODUCTION OF WEAPONS SYSTEMS.
Section 2400(b) of title 10, United States Code is amended--
(1) by striking ``and'' at the end of paragraph (2); and
(2) by striking the period at the end of paragraph (3) and
inserting in lieu thereof a semi-colon; and
(3) by adding at the end the following new paragraphs (4)
and (5):
``(4) to establish an initial training base for a system
and permit long-lead training to occur which is essential for
efficient fielding of the system; and
``(5) to field a limited number of systems to meet an
urgent operational requirement of a unified or specified
commander.''.
SEC. 212. EXTENSION OF AUTHORITY TO PERMIT THE USE OF TEST AND
EVALUATION INSTALLATIONS BY COMMERCIAL ENTITIES.
Section 2681(g) of title 10, United States Code, is amended by
striking ``September 30, 1998'' and inserting in lieu thereof
``September 30, 2003''.
SEC. 213. TECHNICAL CORRECTION CONCERNING INFORMATION DISCLOSURE.
Subsection (i) of section 2371(i) of title 10, United States Code,
as added by section 832 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1841), is amended in
subparagraph (2)(A) by striking ``cooperative agreement that includes a
clause described in subsection (d)'' and inserting in lieu thereof
``cooperative agreement for basic, applied, or advanced research''.
TITLE III--OPERATION AND MAINTENANCE
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1999
for the use of the Armed Forces of the United States and other
activities and agencies of the Department of Defense, for expenses, not
otherwise provided for, for operation and maintenance, in amounts as
follows:
(1) For the Army, $17,273,063,000.
(2) For the Navy, $21,927,202,000.
(3) For the Marine Corps, $2,523,703,000.
(4) For the Air Force, $19,177,004,000.
(5) For the Defense-wide activities, $10,750,701,000.
(6) For the Army Reserve, $1,202,622,000.
(7) For the Naval Reserve, $928,639,000.
(8) For the Marine Corps Reserve, $114,593,000.
(9) For the Air Force Reserve, $1,744,696,000.
(10) For the Army National Guard, $2,436,815,000.
(11) For the Air National Guard, $3,093,933,000.
(12) For the Defense Inspector General, $130,764,000.
(13) For the United States Court of Appeals for the Armed
Forces, $7,324,000.
(14) For Environmental Restoration, Army, $377,640,000.
(15) For Environmental Restoration, Navy, $281,600,000.
(16) For Environmental Restoration, Air Force,
$379,100,000.
(17) For Environmental Restoration, Defense-wide,
$26,091,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $195,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $63,311,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $727,582,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Medical Programs, Defense, $9,653,435,000.
(23) For Cooperative Threat Reduction programs,
$442,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$746,900,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1999
for the use of the Armed Forces of the United States and other
activities and agencies of the Department of Defense for providing
capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $94,500,000.
(2) For the National Defense Sealift Fund, $418,166,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1999
from the Armed Forces Retirement Home Trust Fund the sum of $70,745,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. FISHER HOUSE TRUST FUNDS.
There are hereby authorized to be appropriated for fiscal year 1999
such amounts which are available from earnings or gains in the
applicable Fisher House trust fund established under section 2221(a) of
title 10, United States Code, for the operation of the Fisher Houses
administered by the Departments of the Army, the Navy, and the Air
Force which are located in proximity to medical treatment facilities of
each such department.
SEC. 305. TRANSFERS FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND.
(a) Transfer Authority.--To the extend provided in appropriations
Acts:
(1) Not more than $150,000,000 is authorized to be
transferred from the National Defense Stockpile Transaction
Fund to operation and maintenance accounts for fiscal year 1999
in amounts as follows:
(A) For the Army, $50,000,000.
(B) For the Navy, $50,000,000.
(C) For the Air Force, $50,000,000.
(2) Not more than $350,000,000 may be transferred to the
Defense Working Capital Funds for the purpose of reducing the
outstanding balance of advance billings.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
SEC. 306. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND
LIABILITY ACT, OF 1980 IN CONNECTION WITH MCCLELLAN AIR
FORCE BASE, CALIFORNIA.
From the amounts in the Department of Defense Base Closure Account
1990 established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (part A of Title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), the Secretary of Defense may expend not more than
$15,000 to pay stipulated penalties under the Comprehensive
Environmental Response Compensation and Liability Act (42 U.S.C. 9601
et seq.) against McClellan Air Force Base, California.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1999, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,696.
(3) The Marine Corps, 172,200.
(4) The Air Force, 370,882.
SEC. 402. REPEAL OF MINIMUM END STRENGTH PROVISIONS TO CONFORM END
STRENGTH MANAGEMENT PROVISIONS WITH THE BUDGET.
(a) In General.--Section 691 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of such title 10 is amended by striking the item relating to
section 691.
SEC. 403. ANNUAL MANPOWER REQUIREMENTS REPORT.
Section 115a(a) of title 10, United States Code, is amended by
striking out ``not later than February 15 of each fiscal year'' and
inserting in lieu thereof, ``not later than 90 days from the date on
which the President's budget is presented to Congress''.
SEC. 404. JOINT STAFF GENERAL OFFICER AND FLAG STRUCTURE.
(a) Exemptions From Headspace for NIMA Director and Joint Staff
Director.--Section 525(b)(4) of title 10, United States Code, is
amended--
(1) in subparagraph (A) by striking ``subparagraph (B)''
and inserting in lieu thereof ``subparagraphs (B) and (C)'';
(2) in subparagraph (B) by striking ``six'' and inserting
in lieu thereof ``seven'';
(3) by adding to the end the following new subparagraph
(C):
``(C) An officer while serving as the Director,
National Imagery and Mapping Agency in the grade of
lieutenant general or vice admiral is in addition to
the number that would otherwise be permitted for his
armed force for that grade under paragraph (1) or
(2).''.
(b) Making Permanent ``Chairman's 12'' Exemption From Joint Duty
Requirements.--Section 526(b) of such title 10 is amended--
(1) by striking the designator ``(1)'' at the beginning of
the first sentence of the section; and
(2) by striking paragraph (2).
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 1999, as follows:
(1) The Army National Guard of the United States, 357,000.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 90,843.
(4) The Marine Corps Reserve, 40,018.
(5) The Air National Guard of the United States, 106,991.
(6) The Air Force Reserve, 74,242.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may increase the
end strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be reduced
proportionately by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year. Whenever such units or
such individual members are released from active duty during
any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall
be increased proportionately by the total authorized strengths
of such units and by the total number of such individual
members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
1999, the following number of Reserves to be serving on full-time
active duty or, in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 21,763.
(2) The Army Reserve, 11,804.
(3) The Naval Reserve, 15,590.
(4) The Marine Corps Reserve, 2,362.
(5) The National Guard of the United States, 10,930.
(6) The Air Force Reserve, 991.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The Reserve Components of the Army and the Air Force are authorized
strengths for military technicians (dual status) as of September 30,
1999, as follows:
(1) For the Army Reserve, 5,205.
(2) For the Army National Guard of the United States,
22,179.
(3) For the Air Force Reserves, 9,761.
(4) For the Air National Guard of the United States,
22,408.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12022(a) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Marine
``Grade Army Navy Air Force Corps
------------------------------------------------------------------------
Major or Lieutenant
Commander.................. 3,219 1,071 703 140
Lieutenant Colonel or
Commander.................. 1,524 720 676 90
Colonel or Navy Captain..... 412 188 274 30''
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of
title 10, United States Code, is amended to read as follows:
------------------------------------------------------------------------
Marine
``Grade Army Navy Air Force Corps
------------------------------------------------------------------------
E-9......................... 603 202 388 20
E-8......................... 2,585 429 965 94''
------------------------------------------------------------------------
SEC. 415. EXCLUDING CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY
FOR 181 DAYS OR MORE FROM ACTIVE COMPONENT END EXCLUDING
CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY FOR 181
DAYS OR MORE FROM ACTIVE COMPONENT END.
Section 115(d), title 10, United States Code, is amended by adding
a new subsection (9) as follows:
``(9) Members of reserve components on active duty to
perform special work in support of peacetime requirements of
the military services and combatant commands for 181 days or
more. The total number of personnel included in this category
shall not exceed two-tenths of one percent of the end strengths
authorized pursuant to subsection (a)(1).''.
Subtitle C--Reserve Mobilization Income Insurance Fund
SEC. 421. RESERVE MOBILIZATION INCOME INSURANCE FUND.
Funds are hereby authorized to be appropriated for the Reserve
Mobilization Income Insurance Fund established by section 12528 of
title 10, United States Code, in the amount of $37,000,000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Active Forces
SEC. 501. PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.
Section 662(a)(3) of title 10, United States Code, is amended by
striking ``(other than officers covered in paragraph (1) and (2))'' and
by inserting in lieu thereof ``other than to the Joint Staff''.
SEC. 502. SELECTIVE EARLY RETIREMENT BOARDS OF RESERVE GENERAL AND FLAG
OFFICERS OF THE NAVY AND MARINE CORPS: BOARD COMPOSITION.
Section 14705(b) of title 10, United States Code, is amended by
revising subsection (b) to read as follows:
``(b) Boards.--If the Secretary of the Navy determines that
consideration for early retirement under this section is necessary, the
Secretary shall convene a board to recommend an appropriate number of
officers for early retirement.
``(1) In the case of a board to consider the early
retirement of officers in the grade of rear admiral (lower
half) in the Naval Reserve or brigadier general in the Marine
Corps Reserve, the Secretary shall convene a board under
section 14101(b) of this title.
``(2) In the case of a board to consider the early
retirement of officers in the grade of rear admiral in the
Naval Reserve or major general in the Marine Corps Reserve, the
Secretary shall convene a board under section 14101(b) of this
title except that the Secretary may direct the composition of
such a selection board, notwithstanding section 14102(b),
provided each member of the selection board holds a permanent
grade higher than the grade of the officers under consideration
by the board.''.
SEC. 503. ACTIVE STATUS SERVICE REQUIREMENT FOR PROMOTION CONSIDERATION
FOR RESERVE BRIGADIER GENERALS OF THE ARMY AND AIR FORCE.
Subsection 14301(a) of title 10, United States Code, is amended
by--
(1) striking ``and'' at the end of paragraph (1).
(2) striking the period at the end of paragraph (2) and
inserting ``; and'' in lieu thereof.
(3) adding the following new paragraph (3):
``(3) Notwithstanding the requirement in paragraphs (1) and
(2), the Secretary of the Army or Secretary of the Air Force
may permit a Reserve component brigadier general to be
considered for promotion to major general by a promotion board
convened under section 14101(a) of this title if that general
officer has been on the inactive status list for less than one
year as of the date of the convening of the promotion board,
and had continuously served for at least one year on the
reserve active status list or the active duty list (or a
combination of both) immediately before transfer to the
inactive status list.''.
SEC. 504. POSTHUMOUS COMMISSIONS AND WARRANTS.
Section 1521(a)(3) of title 10, United States Code, is amended--
(1) by inserting ``whether before or after the member's
death'' after ``approved by the Secretary concerned''; and
(2) by inserting the following sentence at the end:
Notwithstanding any other provision of law, if the member dies
prior to Secretarial approval, then the date of the appointment
will be as of the date of death.''.
SEC. 505. EXCLUSION OF REGULAR CHIEF WARRANT OFFICERS, W-4, FROM
INVOLUNTARY RETIREMENT FOR NON-SELECTION FOR PROMOTION.
Section 580(a)(1) of title 10, United States Code, is amended by
inserting ``other than a chief warrant officer, W-4)'' after ``a
regular chief warrant officer''.
SEC. 506. CLARIFICATION OF SELECTION PROCEDURES FOR THE JUDGE ADVOCATES
GENERAL AND THE ASSISTANT/DEPUTY JUDGE ADVOCATES GENERAL
OF THE MILITARY DEPARTMENTS.
(a) Army.--Section 3037(d) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``The
Secretary of the Army shall specify the number of officers, not fewer
than three nor more than five for each position to be filled, to be
recommended.''.
(b) Navy.--(1) The Judge Advocate General.--Section 5148(c) of such
title 10 is amended by adding at the end the following new sentence:
``The Secretary of the Navy shall specify the number of officers, not
fewer than three nor more than five for each position to be filled, to
be recommended.'';
(2) The Deputy Judge Advocate General.--Section 5149(a)(2) of such
title 10 is amended by adding at the end the following new sentence:
``The Secretary of the Navy shall specify the number of officers, not
fewer than three nor more than five for each position to be filled, to
be recommended.''; and
(3) The Staff Judge Advocate to the Commandant of the Marine
Corps.--Section 5046(b) of such title 10 is amended by adding at the
end the following new sentence: ``The Secretary of the Navy shall
specify the number of officers not fewer than three nor more than five
for each position to be filled, to be recommended.''.
(c) Air Force.--Section 8037(e) of such title 10 is amended by
adding at the end the following new sentence: ``The Secretary of the
Air Force shall specify the number of officers, not fewer than three
nor more than five for each position to be filled, to be
recommended.''.
SEC. 507. TO ESTABLISH THE TERM OF OFFICE OF THE CHIEF OF THE AIR FORCE
NURSE CORPS AS THREE YEARS.
(a) Chief of Nurse Corps Tour.--Section 8069(b) of title 10, United
States Code, is amended by striking the last sentence and inserting in
lieu thereof the following new sentences: ``The Chief serves for a term
of office normally of three years and which term may not be for more
than four years. The Chief serves at the pleasure of the Secretary and
may not be reappointed to the same position.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 1997.
SEC. 508. TIME IN GRADE REQUIREMENTS FOR RESERVE GENERAL AND FLAG
OFFICERS.
Section 1370(d)(3) of title 10, United States Code, is amended by
adding at the end the following new subparagraph (F):
``(F) An officer covered by subparagraph (A) who is
serving in an officer grade above colonel or captain
(in the case of the Navy) and who is involuntarily
transferred from an active status by the Secretary of
the Military Department concerned may be retired at the
grade held at the time of that involuntary transfer
provided that officer has completed at least six months
of satisfactory service in that grade, notwithstanding
the requirement contained in subparagraph (A) for the
officer to have served satisfactorily in an active
status in that grade for not less than three years.''.
SEC. 509. SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF
DUTY OR CERTAIN OTHER REASONS.
(a) Elimination of Requirement for a Board of Review.--Section
1182(c) of title 10, United States Code, is amended by striking out
``it shall send the record of proceedings to a board of review convened
under section 1183 of this title'' and inserting in lieu thereof ``it
shall report such determination to the Secretary concerned'';
(b) Repeal of Board of Review for Substandard Performance.--Section
1183 of such title is repealed.
(c) Clerical Amendment.--The table of sections for chapter 60 of
such title is amended by striking the item relating to section 1183.
(d) Conforming Amendment.--Section 1184 of such title is amended by
striking ``board of review convened under section 1183 of this title''
and inserting in lieu thereof ``board of inquiry convened under section
1182 of this title''.
(e) Elimination of 30-Day Notice Requirement.--Section 1185(a)(1)
of such title is amended by striking ``, at least 30 days before the
hearing of his case by a board of inquiry,''.
SEC. 510. SPECIAL SELECTION BOARD CONSIDERATION FOR CERTAIN OFFICERS,
RETIRED OFFICERS, OR FORMER OFFICERS OF THE ARMED FORCES.
(a) Amendments to Section 628.--Section 628 of title 10, United
States Code, is amended--
(1) in paragraph (a)(1)--
(A) by striking out ``officer who is eligible for
promotion'' inserting in lieu thereof ``officer,
retired officer, or former officer''; and
(B) by inserting ``retired officer, or former
officer'' after ``determine whether such officer'';
(2) in paragraph (a)(2) by inserting ``retired officer, or
former officer'' after ``record of the officer'';
(3) in paragraph (a)(3) of such title is amended by
inserting ``retired officer, or former officer'' after
``officer'' each place it appears.
(4) in paragraph (b)(1)--
(A) by striking out ``officer who is eligible for
promotion'' and inserting in lieu thereof ``officer,
retired officer, or former officer'';
(B) by inserting ``retired officer, or former
officer'' after ``determine whether such officer''; and
(C) in subparagraph (A), by inserting ``, retired
officer, or former officer'' after ``board which
considered the officer''.
(5) in paragraph (b)(2) by inserting ``retired officer, or
former officer'' after ``record of the officer.''
(6) in paragraph (b)(3) by inserting ``retired officer, or
former officer'' after ``officer'' the first place it appears;
(7) in paragraph (c)(1) by inserting ``retired officer, or
former officer'' after ``officer'' the first place it appears;
and
(8) in paragraph (d)(1) inserting ``retired officer, or
former officer'' after ``officer'' the first place it appears.
(b) Effective Date.--These amendments shall take effect as of
October 1, 1996.
Subtitle B--Reserve Forces
SEC. 511. ACTIVE GUARD AND RESERVE PERSONNEL IN SUPPORT OF ACTIVE OR
RESERVE COMPONENT.
Section 12310 of title 10, United States Code, is amended by adding
the following new subsection:
``(c) Notwithstanding the definition of active guard and reserve
duty in section 101(d)(6)(A) of this title, a Secretary concerned,
after consultation with the Chief of the Reserve component concerned,
may order a member of a reserve component under his or her
jurisdiction, as described in subsection (a), to perform a function in
support of either the active or Reserve components of the armed forces,
and Defense Agencies. No more than one half of one percent of the
authorized strength for reserves on active duty under subsection (a)
may be assigned to duties other than those described in subsection
(a).''.
SEC. 512. CORRECTION OF AMENDMENT TO RESERVE OFFICER MANAGEMENT ACT
PROVISION.
Section 1370(d)(3)(E) of title 10, United States Code, is amended
to read as follows:
``(E) To the extent authorized by the Secretary of
the military department concerned, a person who, after
having been found qualified by a board under section
307 of title 32 for Federal recognition in a higher
grade and having served in a position for which that
grade is the minimum authorized grade, may be credited
for the purposes of subparagraph (A) as having served
in that grade for the period during which the person
served in the position after having been found
qualified, but only if the person was subsequently
appointed as a reserve officer in that grade. The
period credited may not include any period before the
date on which the Senate provides advice and consent
for the appointment of that person in the recommended
grade.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Military Pay
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999.
(a) Waiver of Section 1009 Adjustment.--The adjustment, to become
effective in fiscal year 1999, required by section 1009 of title 37,
United States Code, in the rate of monthly basic pay authorized members
of the uniformed services by section 203(a) of such title shall not be
made.
(b) Increase in Basic Pay.--Effective on January 1, 1999, the rates
of basic pay of members of the uniformed services are increased by 3.1
percent.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``September 30, 2001''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``September 30, 2001''.
(c) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and
308f(c) of title 37, United States Code, are each amended by striking
out ``September 30, 1999'' and inserting in lieu thereof ``September
30, 2001''.
(d) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1999'' and inserting in lieu
thereof ``September 30, 2001''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``September 30, 2001''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking out ``October 1,
1999'' and inserting in lieu thereof ``October 1, 2001''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short
Wartime Specialties.--Section 302g(f) of title 37, United States Code,
is amended by striking ``September 30, 1999'' and inserting in lieu
thereof ``September 30, 2000''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking ``September 30, 1999''
and inserting in lieu thereof ``September 30, 2000''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking ``September 30, 1999''
and inserting in lieu thereof ``September 30, 2000''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of title 37, United States Code, is
amended by striking ``September 30, 2000''.
(e) Selective Reserve Affiliation Bonus.--308e(e) of title 37,
United States Code, is amended by striking ``September 30, 1999'' and
inserting in lieu thereof ``September 30, 2000''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking
``September 30, 1999'' and inserting in lieu thereof ``September 30,
2000''.
(g) Prior Service Reenlistment Bonus.--Section 308i(i) of title 37,
United States Code, is amended by striking ``September 30, 1999'' and
inserting in lieu thereof ``September 30, 2000''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10 United
States Code, is amended by striking ``October 1, 1999'' and inserting
in lieu thereof ``October 1, 2000''.
SEC. 613. EXTENSION OF SPECIAL PAY FOR NURSE ANESTHETISTS.
Section 302e(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1999'' and inserting in lieu thereof
``September 30, 2001''.
SEC. 614. REENLISTMENT BONUS ELIGIBILITY FOR MEMBERS OF THE RESERVE
COMPONENTS WHO PERFORM ACTIVE GUARD AND RESERVE DUTY.
Section 308(a)(1)(D) of title 37, United States Code, is amended to
read as follows:
``(D) reenlists or voluntarily extends his
enlistment in a regular component or a reserve
component (if performing Active Guard and Reserve duty
as defined in section 101(d)(6) of title 10) of the
service concerned, for a period of at least three
years;''.
SEC. 615. INCREASED MAXIMUM BONUS FOR ENLISTMENT IN THE ARMY.
Section 308f(a) of title 37, United States Code, is amended by
striking out ``$4,000'' and inserting in lieu thereof ``$6,000''.
Subtitle C--Other Matters
SEC. 621. REST AND RECUPERATION TRANSPORTATION.
(a) Transportation Allowance for Rest and Recuperation Travel.--
Section 411c of title 37, United States Code, is amended by adding at
the end the following new subsection:
``(c)(1) The Secretary of Defense (or the Secretary of
Transportation with respect to members of the Coast Guard when it is
not acting as a service in the Department of the Navy) may authorize
transportation under subparagraph (a) for members of the armed forces
serving at a duty station outside the United States--
``(A) in a contingency operation, or
``(B) when the Secretary determines that it would be in the
best interests of the members and the United States because of
unusual conditions existing at that station.
``(2) The Secretary may authorize transportation under this
subsection only as part of a program of rest and recuperation
authorized in advance by the Secretary specifically for the contingency
operation or duty station concerned.
``(3) The transportation authorized by this subsection.
``(A) is limited to one round-trip during any period of
continuous service described in paragraph (1) of at least 6,
but less than 24, months; and
``(B) is in addition to transportation members may
subsequently become eligible for under this section, provided
members may not be authorized transportation under this
subsection for travel beginning more than 24 months after the
service described in paragraph (1) begins or after such service
ends, whichever is earlier.''.
(b) Conforming Amendment.--Section 411c of title 37, United States
Code, is further amended in subsection (b) by striking ``The
transportation authorized by this section'' and inserting in lieu
thereof ``Except as provided in subsection (c), the transportation
authorized by this section''.
SEC. 622. DELETION OF CANAL ZONE FROM DEFINITION OF ``POSSESSIONS''.
Section 101(2) of title 37, United States Code, is amended by
striking ``the Canal Zone''.
SEC. 623. STORAGE OF STUDENT DEPENDENT'S UNACCOMPANIED BAGGAGE.
Section 430(b) of title 37, United States Code, is amended--
(1) by inserting ``The unaccompanied baggage may be stored
in lieu of shipment if advantageous to the Government.'' after
``The allowance authorized by this section may be transported
in kind or reimbursement therefor, as prescribed by the
Secretaries concerned.''; and
(2) by striking ``However'' from the beginning of the next
sentence.
SEC. 624. UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
Section 9314(b)(2)(B) of title 10, United States Code, is amended
by striking ``section 5306(e)'' and inserting in lieu thereof ``section
5373''.
SEC. 625. ANNUAL LEAVE; ACCUMULATION.
Section 6304(d)(3)(A) of title 5, United States Code, is amended--
(1) by inserting ``the closure of an installation in the
Republic of Panama in accordance with the Panama Canal Treaty
of 1977,'' after ``2687 note) during any period,''; and
(2) by striking ``December 31, 1997'' and inserting in lieu
thereof ``December 31, 2003''.
SEC. 626. EFFECTIVE DATES OF SURVIVOR BENEFIT COVERAGE.
Section 1448(b)(3)(C) of title 10, United States Code, is amended
by inserting ``, or in the case of an election made by a person
described in section 1450(f)(3)(B), the effective date shall be that
described for a deemed election under section 1450(f)(3)(D)'' after
``the Secretary concerned''.
SEC. 627. LEAVE WITHOUT PAY FOR SUSPENDED CADETS AND MIDSHIPMEN.
Section 702 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) The Superintendents of the United States Military Academy,
the United States Naval Academy, the United States Air Force Academy,
and the United States Coast Guard Academy may order a cadet or
midshipman enrolled at the Academy under the jurisdiction of the
Superintendent placed on involuntary leave without pay if, under
regulations prescribed by the Secretary concerned, the cadet or
midshipman has been suspended from the Academy pending separation from
the Academy or return to the Academy to repeat an academic semester or
year, or for other good cause. A cadet or midshipman who is placed on
involuntary leave under this subsection pending separation shall not be
entitled to back pay for any period of the suspension because the cadet
or midshipman returns to the Academy.''.
SEC. 628. REMOVAL OF TEN PERCENT RESTRICTION ON SELECTIVE REENLISTMENT
BONUSES.
Section 308(b) of title 37, United States Code, is amended--
(1) by striking ``(1)'' at the beginning of the section;
and
(2) by striking paragraph (2).
SEC. 629. AUTHORIZATION TO PROVIDE AN EDUCATIONAL ALLOWANCE IN OVERSEAS
AREAS.
Section 1402 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 921), is amended by adding at the end the following subsection:
``In those overseas areas where the Secretary of Defense has not
established schools pursuant to this chapter, the Secretary of Defense
and the Secretary of Transportation, with regard to the Coast Guard,
are authorized to provide an educational allowance to the sponsors of
dependents. The Secretary of Defense and the Secretary of
Transportation, with regard to members of the Coast Guard, shall issue
regulations to implement this subsection that generally are consistent
with Department of State regulations concerning such allowances.''.
SEC. 630. DENTAL INSURANCE PROGRAMS IMPROVEMENTS.
(a) Update of Premium Amounts for Dependents Dental Plan.--Section
1076a(b)(2) of title 10, United States Code, is amended by inserting
after ``$20 per month'' the following: ``(in 1993 dollars, adjusted in
subsequent years)''.
(b) Integration of Dependents Dental Program With Managed Care
Contracts.--Section 1076a of such title is amended by adding at the end
thereof the following new subsection:
``(j) Integration of Dependents Dental Plan With Managed Health
Care Contracts.--A basic dental benefit plan established under the
authority of subsection (a) may be integrated into the TRICARE Program.
With respect to dental care authorized to be provided in a facility of
the uniformed services under section 1076(a) and 1077(c) of this title,
the Secretary may, to the extent authorized by section 1097(c) of this
title for the TRICARE Program, establish reasonable preferences for
such dental care for dependents enrolled under subsection (a).''.
SEC. 631. PROVISION FOR RECOVERY, CARE, AND DISPOSITION OF THE REMAINS
OF ALL MEDICALLY RETIRED MEMBERS.
(a) In General.--Section 1481(a)(1) of title 10, United States
Code, is amended to read as follows:
``(1) Any regular of an armed force, or member of an armed
force without regard to component, who dies--
(A) while on active duty; or
(B) while hospitalized after having been retired by
reason of medical disability for an injury, illness or
disease incurred while on active duty and the
hospitalization has been continuous since the date of
retirement from active duty.''.
(b) Effective Date.--This provision becomes effective as of the
date of the enactment of this Act to provide the authority for the
recovery, care, and disposition of remains to any member of the armed
forces on active duty as of the date of this Act or thereafter and to
any member hospitalized upon or after the date of the enactment of this
Act who otherwise is eligible for such recovery, care, and disposition
of remains under section 1481(a)(1)(B) of such title 10, as added by
this section.
SEC. 632. MODIFICATION TO VOLUNTARY SEPARATION INCENTIVE TO ENSURE
CONTINUED ELIGIBILITY FOR MEMBERS WHO INVOLUNTARILY LOSE
MEMBERSHIP IN A RESERVE COMPONENT.
Section 1175(a) of title 10, United States Code, is amended by
inserting before the period at the end ``, or for the period described
in subsection 1175(e)(1) of this section if the member becomes
ineligible for retention in an active or inactive status in a Reserve
component because of age, years of service, failure to select for
promotion, or medical disqualification, provided such ineligibility
does not result from deliberate action on the part of the member with
the intent to avoid retention in an active or inactive status in a
Reserve component.''.
SEC. 633. AMENDMENT OF ELIGIBILITY REQUIREMENTS FOR ATTENDANCE AT
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND
SECONDARY SCHOOLS; WAIVER OF FIVE-YEAR LIMIT; REMOTE OR
UNACCOMPANIED ASSIGNMENTS.
Section 2164(c) of title 10, United States Code, is amended--
(1) in paragraph (2) by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph
(2)(B):
``(2)(B) A dependent referred to in subparagraph (A) may be
enrolled in the program for more than five consecutive school
years at the discretion of the Secretary where the dependent is
qualified, space is available in the program, and where the
Secretary will be reimbursed for services provided. Any such
extension may be made for only one school year at a time.'';
and
(2) by adding at the end the following new paragraph (4):
``(4) A dependent of a member of the armed forces, where
the member of the armed forces is assigned to a remote or
unaccompanied assignment, and the dependent is residing, on or
off a military installation, in a territory, commonwealth, or
possession of the United States, as authorized by permanent
change of station orders, may be enrolled in an educational
program provided by the Secretary.''.
SEC. 634. RETIREMENT FOR LENGTH OF SERVICE.
(a) Army.--Section 3911(b) of title 10, United States Code, is
amended by striking out ``nine-year period'' and inserting in lieu
thereof ``thirteen-year period'';
(b) Navy and Marine Corps.--Section 6323(a)(2) of title 10, United
States Code, is amended by striking out ``nine-year period'' and
inserting in lieu thereof ``thirteen-year period''; and
(c) Air Force.--Section 8911(b) of title 10, United States Code, is
amended by striking out ``nine-year period'' and inserting in lieu
thereof ``thirteen-year period''.
SEC. 635. NAVY LIMITED DUTY OFFICERS; RETIREMENT FOR YEARS OF SERVICE.
(a) Extension of Exemption for Navy Commanders.--Section 633 of
title 10, United States Code, is amended by striking out ``October 1,
1999'' and inserting in lieu thereof ``October 1, 2003'';
(b) Extension of Exemption for Regular Navy Captains.--Section 634
of title 10, United States Code, is amended by striking out ``October
1, 1999'' and inserting in lieu thereof ``October 1, 2003'';
(c) Extension of Exemption From Mandatory Retirement for Failure of
Promotion in Naval Service.--Section 6383(a)(5) of title 10, United
States Code, is amended by striking out ``October 1, 1999'' and
inserting in lieu thereof ``October 1, 2003''; and
(d) Conforming Amendment Regarding Limitation of Period a Deferred
Officer May Remain on Active Duty.--Section 6383(k) of title 10, United
States Code, is amended by striking out ``October 1, 1999'' and
inserting in lieu thereof ``October 1, 2003''.
TITLE VII--ACQUISITION POLICY AND MANAGEMENT
SEC. 701. REPEAL OF LIMITATION ON AUTHORITY TO DELEGATE APPROVAL OF
NONCOMPETITIVE PROCEDURES.
(a) Armed Services Acquisitions.--Section 2304(f) of title 10,
United States Code, is amended--
(1) in clause (1)(B)(ii), by striking ``(or the head of the
procuring activity's delegate pursuant to paragraph (6)(A))''
and inserting in lieu thereof ``(or his delegate at a level no
lower than the competition advocate for the procuring
activity)'';
(2) in clause (1)(B)(iii), by striking ``designated
pursuant to paragraph (6)(C)'' and inserting in lieu thereof
``at a level no lower than Defense agency senior procurement
executive''; and
(3) by striking paragraph (6).
(b) Civilian Agency Acquisitions.--Section 303(f)(1)(B)(ii) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253(f)(1)(B)(ii)) is amended by striking ``or a delegate who, if a
member of the armed forces, is a general or flag officer or, if a
civilian, is serving in a position in the Senior Executive Service (or
in a comparable or higher position under another schedule); or''
inserting in lieu thereof ``or his delegate at a level no lower than
the competition advocate for the procuring activity; or''.
SEC. 702. MODIFICATION TO COST OR PRICING DATA: TRUTH IN NEGOTIATIONS.
(a) Armed Services Procurements.--Section 2306a(a) of title 10,
United States Code, is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as (5) and (6),
respectively.
(b) Public Agency Procurements.--Section 304A of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 254b(a)) is
amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as (5) and (6),
respectively.
SEC. 703. PROCUREMENT TECHNICAL ASSISTANCE PROGRAM DISTRIBUTION
CONFORMING AMENDMENT.
Section 2413(c) of title 10, United States Code, is amended by
striking ``region'' and inserting in lieu thereof ``district''.
SEC. 704. PROCUREMENT TECHNICAL ASSISTANCE PROGRAM LIMITATION.
(a) In General.--Section 2415 of title 10, United States Code is
repealed.
(b) Clerical Amendment.--The table of sections for chapter 142 of
such title is amended by striking the item relating to section 2415.
SEC. 705. REPEAL OF REQUIREMENTS RELATING TO UNDEFINITIZED CONTRACTUAL
ACTIONS.
Section 908 of the Defense Acquisition Improvement Act of 1986
(Public Law 99-500; 100 Stat. 1783-139 and 140) is amended by striking
subsection (b) and redesignating subsections (c) and (d) as (b) and
(c), respectively.
SEC. 706. CONTRACT DISPUTES ACT AMENDMENT RELATING TO PAYMENT OF
INTEREST ON CONTRACTOR CLAIMS.
(a) Specificity of Date for Interest.--Section 12 of the Contract
Disputes Act of 1978 (41 U.S.C. 611) is amended to read as follows:
``The Government shall pay interest on a contractor's claim on the
amount found to be due and unpaid from (a) the date the contracting
officer receives the claim pursuant to sections 6(a) and 6(c)(1) of
this Act or (b) the date the contractor paid its incurred costs,
whichever is later, until the date of payment. The interest provided
for in this section shall be paid at the rate established by the
Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat 97) for
the Renegotiation Board.''.
(b) Implementation.--The Federal Acquisition Regulatory Council
shall issue amendments to the Federal Acquisition Regulation to
implement the changes made by this section not later than 180 days
after the enactment of this Act.
SEC. 707. CRITICAL ACQUISITION POSITIONS.
Section 1734(a) of title 10, United States Code, is amended in
paragraphs (1) and (2) by striking ``critical acquisition position''
each place it appears and inserting in lieu thereof ``program manager
or deputy program manager position for a significant nonmajor defense
acquisition program, program executive officer position, general or
flag officer position or civilian position equivalent thereto, or
senior contracting official position''.
SEC. 708. ACQUISITION CORPS ELIGIBILITY.
Section 1732(c) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(3) The requirements of subsection (b)(1)(A) shall not
preclude an employee who previously served as a GS-13 or above,
and was downgraded to a GS-12 or below because of a reduction
in force personnel action, a base closure action or other
reason other than for cause, from being eligible for membership
in the Corps.''.
SEC. 709. OFPP TEST PROGRAM FOR EXECUTIVE AGENCIES.
(a) In General.--Section 5061 of the Federal Acquisition
Streamlining Act (41 U.S.C. 413 note) is amended--
(1) in subsection (a) by striking ``, and not more than 1
such test shall be conducted under such authority in an
agency''.
(2) in subsection (c)(3)(B) by--
(A) striking ``one'' and inserting in lieu thereof
``two''; and
(B) adding before the period ``, provided, however,
that at least one of the tests with contracts exceeding
$5,000,000 is conducted within the Department of
Defense'';
(3) in subsection (g) by striking ``270'' and inserting in
lieu thereof ``120''; and
(4) in subsection (j) by striking ``January 1, 2001'' and
inserting in lieu thereof ``January 1, 2003''.
(b) Applicability.--Any test plan pending before Congress or for
which public comment is being sought pursuant to subsection (g) at the
time of enactment of this Act shall remain open for Congressional
review or public comment until the earlier of--
(1) 120 days after enactment of this Act; or
(2) expiration of the time period that was provided by
subsection (g) prior to enactment of this Act.
SEC. 710. MENTOR-PROTEGE PROGRAM.
(a) Section 831 of the National Defense Authorization Act for
Fiscal Years 1991 (10 U.S.C. 2302 note) is amended--
(1) by striking ``pilot'' in the heading for the section;
(2) in subsection (a), by striking ``pilot'' both times it
appears (in the descriptive preamble and in the section
content);
(3) in the first sentence of subsection (k), by striking
``pilot'';
(4) in subsection (g)(2)(A) by inserting ``and other
incidental mentor or protege costs, subject to Department of
Defense regulations,'' after ``of subsection (f)'';
(5) by striking subsection (j) and inserting in lieu
thereof the following new subsection (j):
``(j) Women Owned Small Business Pilot Initiative.--The Department
of Defense may conduct an initiative with no more than three
contracting activities, that would authorize the Department to
participate in the mentoring of women-owned small business proteges.
The contracting activity may receive reimbursement or, with the Small
Business Administration's concurrence, credit toward its women-owned
small business prime contract goal for costs incurred.''; and
(6) in subsection (m)(2), the definition for
``disadvantaged small business concern'', by inserting ``, a
small business concern owned and controlled by women, a
historically Black college and university, or a minority
institution,'' after ``a small business concern owned and
controlled by socially and economically disadvantaged
individuals''.
SEC. 711. HOLDING GAO PROTEST PROCEEDINGS IN ABEYANCE.
Section 3554(b) of title 31, United States Code, is amended by
adding at the end the following new paragraph (4):
``(4) On petition of the government, with consent of the
protestor, the Comptroller General shall stay the Comptroller
General's review of the protest when the agency has agreed to
suspend contract award or performance through the completion of
any agency protest procedure and any subsequent protest timely
filed before the Comptroller General. Such stay may remain in
effect up to 35 days for completion of the agency protest
procedure. Upon request of the Government or protestor, the
Comptroller General shall vacate the stay. The time period set
forth in subsection (a)(1) for issuance of a final decision by
the Comptroller General shall be extended by the number of days
by which the protest has been stayed under this paragraph.''.
SEC. 712. REVISION TO RESTRICTIONS ON PROCUREMENTS FROM FOREIGN
SOURCES.
Section 9005 of the National Defense Appropriations Act for Fiscal
Year 1993 (Public Law 102-396; 106 Stat. 1876) is amended to read as
follows:
``During the current fiscal year and hereafter, no part of any
appropriation contained in this Act, except for simplified acquisitions
covered by section 2304(g) of title 10, United States Code, shall be
available for the procurement of any article or item of clothing,
tents, tarpaulins, covers, cotton and other natural fiber products,
woven silk or woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric, canvas products, or wool
(whether in the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles), or any item of individual
equipment manufactured from or containing such fibers, yarns, fabrics,
or materials, or specialty metals including stainless steel flatware,
or hand or measuring tools, not grown, reprocessed, reused, or produced
in the United States or its possessions, except to the extent that the
Secretary of the Department concerned shall determine that satisfactory
quality and sufficient quantity of any articles or items of individual
equipment, tents, tarpaulins, covers, or clothing or any form of cotton
or other natural fiber products, woven silk and woven silk blends, spun
silk yarn for cartridge cloth, synthetic fabric or coated synthetic
fabric, canvas products, wool, or specialty metals including stainless
steel flatware, grown, reprocessed, reused, or produced in the United
States or its possessions cannot be procured as and when needed at
United States market prices and except procurements outside the United
States in support of combat operations, procurements by vessels in
foreign waters, and emergency procurements by establishments located
outside the United States for the personnel attached thereto: Provided,
That nothing herein shall preclude the procurement of specialty metals
or chemical warfare protective clothing produced outside the United
States or its possessions when such procurement is necessary to comply
with agreements with foreign governments requiring the United States to
purchase supplies from foreign sources for the purposes of offsetting
sales made by the United States Government or United States firms under
approved programs serving defense requirements or where such
procurement is necessary in furtherance of agreements with foreign
governments in which both governments agree to remove barriers to
purchases of supplies produced in the other country or services
performed by sources of the other country, so long as such agreements
with foreign governments comply, where applicable, with the
requirements of section 36 of the Arms Export Control Act and with
section 2457 of title 10, United States Code.''.
TITLE VIII--DEPARTMENT OF DEFENSE MANAGEMENT
Subtitle A--General Management
SEC. 801. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN
AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.
Section 401(c) of title 10, United States Code, is amended--
(1) in paragraph (3), by striking ``$5,000,000'' and
inserting in lieu thereof $10,000,000''; and
(2) by adding at the end the following new paragraph (5):
``(5) Not more than ten percent of funds available for the
activities described in subsection (e)(5) may be used to pay
for the pay and allowances of Reserve Component personnel
performing duty in connection with training and activities
related to the clearing of landmines for humanitarian
purposes.''.
SEC. 802. COLLECTION OF DISHONORED CHECKS ISSUED TO THE DEFENSE
COMMISSARY AGENCY.
Section 2486 of title 10, United States Code, is amended by adding
the following new subsection at the end:
``(f) Dishonored Check Collection.--(1) The Secretary of Defense,
consistent with commercial supermarket practices, may impose a
surcharge for dishonored checks. Such surcharge is authorized
notwithstanding any other law relating to the collection of funds due
the Government. Any surcharge collected as a result of this section
shall be deposited to the commissary trust revolving fund. Appropriated
funds may be used to pay any costs incurred in the collection of
dishonored checks but only to the extent that such accounts are
reimbursed for the payment of such costs from the commissary trust
revolving fund.
``(2) Authorized patrons receiving compensation from the United
States are deemed to have consented to the recoupment of dishonored
checks of their authorized family members from their pay or
entitlements. Dishonored checks may be collected through--
``(A) deductions from military pay or entitlements;
``(B) deductions from other obligations from the United
States due the maker or sponsor of the maker of the check; or
``(C) when such collection or voluntary redemption is
unsuitable, the Agency may utilize a commercial organization to
collect amounts due as a consequence of the dishonored
check.''.
SEC. 803. REVISION OF INSPECTION REQUIREMENTS RELATING TO THE ARMED
FORCES RETIREMENT HOME.
Section 418 of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 418) is amended to read as follows:
``Sec. 418. Inspection of retirement home
``The Inspectors General of the Military Departments shall--
``(1) conduct, at three-year intervals on an alternating
basis, an inspection of the Retirement Home to include the
records of the Home; and
``(2) submit to the Retirement Home Board, the Secretary of
Defense, and Chairpersons of the National Security Committee of
the House of Representatives and the Armed Services Committee
of the Senate a report describing the results of the inspection
with its recommendations, if any.''.
SEC. 804. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY.
Title I of the National Security Act of 1947 (50 U.S.C. 402 et
seq.) is amended by inserting after section 105A (50 U.S.C. 403-5a) the
following new section:
``protection of operational files of the national imagery and mapping
agency
``Sec. 105B. (a). Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) Operational files of
the National Imagery and Mapping Agency may be exempted by the Director
of the National Imagery and Mapping Agency from the provisions of
section 552 of Title 5, United States Code (Freedom of Information
Act), which require publication or disclosure, or search or review, in
connection therewith.
``(2) For the purposes of this section, the term `operational
files' means files of the National Imagery and Mapping Agency (NIMA)
concerning the activities of NIMA that were previously performed by the
National Photographic Interpretation Center of the Central Intelligence
Agency (NPIC), and which document the means by which foreign
intelligence or counterintelligence is collected through scientific and
technical systems, except that files which are the sole repository of
disseminated intelligence are not operational files.
``(3) Notwithstanding subsection (1) of this section, exempted
operational files shall continue to be subject to search and review for
information concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of Section 552 of Title
5, United States Code (Freedom of Information Act), or section
552a of Title 5, United States Code (Privacy Act of 1974);
``(B) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
Title 5, United States Code; or
``(C) The specific subject matter of an investigation by
the Intelligence Oversight Board, the Department of Justice,
the Office of General Counsel of the National Imagery and
Mapping Agency, or the Office of the Director of the National
Imagery and Mapping Agency for any impropriety, or violation of
law, Executive Order, or Presidential directive, in the conduct
of an intelligence activity.
``(4)(A) Files that are not exempted under subsection (a)(1) of
this section which contain information derived or disseminated from
exempted operational files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under subsection (1) of this section of the originating
operational files from search, review publication, or disclosure.
``(C) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1) and which have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(5) The provisions of subsection (a)(1) may not be superseded
except by a provision of law which is enacted after the date of
enactment of this Act, and which specifically cites and repeals or
modifies its provisions.
``(6) Whenever any person who has requested agency records under
section 552 of title 5, United States Code (Freedom of Information
Act), alleges that the National Imagery and Mapping Agency has withheld
records improperly because of failure to comply with any provision of
this section, judicial review shall be available under the terms set
forth in section 552(a)(4)(B) of title 5, United States Code, except
that--
``(A) in any case in which information specifically
authorized under criteria established by an Executive Order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by the
National Imagery and Mapping Agency, such information shall be
examined ex parte, in camera by the court;
``(B) the court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written submissions
of the parties;
``(C) when a complainant alleges that requested records
were improperly withheld because of improper exception of
operational files, the National Imagery and Mapping Agency
shall meet its burden under section 552(a)(4)(B) of title 5,
United States Code, by demonstrating to the court by sworn
written submission that exempted operational files likely to
contain responsible records currently perform the functions set
forth in subsection (a)(2) of this section;
``(D)(i) when a complainant alleges that requested records
were improperly withheld because of improper exception of
operational files, the National Imagery and Mapping Agency
shall meet its burden under section 552(a)(4)(B) of Title 5,
United States Code, by demonstrating to the court by sworn
written submission that exempted operational files likely to
contain responsible records currently perform the functions set
forth in subsection (a)(2) of this section; and
``(ii) the court may not order the National Imagery and
Mapping Agency to review the content of any exempted
operational file or files in order to make the demonstration
required under subparagraph (1) of this paragraph, unless the
complainant disputes the National Imagery and Mapping Agency's
showing with a sworn written submission based on personal
knowledge or otherwise admissible evidence;
``(E) in proceedings under subparagraphs (C) and (D) of
paragraph (a)(6), the parties shall not obtain discovery
pursuant to rules 26 and 36;
``(F) if the court finds under this subsection that the
National Imagery and Mapping Agency has improperly withheld
requested records because of failure to comply with any
provisions of this section, the court shall order the National
Imagery and Mapping Agency to search and review the appropriate
exempted operational file or files for the requested records
and make such records, or portions thereof, available in
accordance with the provisions of section 552 of title 5,
United States Code (Freedom of Information Act), and such order
shall be the exclusive remedy for failure to comply with the
section;
``(G) if at any time following the filing of a complaint
pursuant to this subsection the National Imagery and Mapping
Agency agrees to search the appropriate exempted operational
file or files for the requested records, the court shall
dismiss the claim based upon such complaint;
``(H) any information filed with, or produced for the court
pursuant to subparagraphs (A) and (D) shall be coordinated with
the Director of Central Intelligence prior to submission to the
court.
``(b) Decennial Review of Exempted Operational Files.--(1) Not less
than once every ten years, the Director of the National Imagery and
Mapping Agency and the Director of Central Intelligence shall review
the exemptions in force under (a)(1) of this section to determine
whether such exemptions may be removed from the category or exempted
files or any portion thereof. The Director of Central Intelligence may
disapprove any determination to remove such exemptions.
``(2) The review required by subsection (b)(1) of this section
shall include consideration of the historical values of other public
interest in the subject matter of the particular category of files or
portions thereof and the potential for declassifying a significant part
of the information contained therein.
``(3) A complaint which alleges that the National Imagery and
Mapping Agency has improperly withheld records because of failure to
comply with this subsection may seek judicial review in the district
court of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
court's review shall be limited to determining;
``(A) whether the National Imagery and Mapping Agency has
conducted the review required by subsection (b)(1) within 10
years after the enactment of this section or within ten years
after the last review; and
``(B) whether the National Imagery and Mapping Agency, in
fact, considered the criteria set forth in subsection (b)(2) of
this section in conducting the required review.''.
SEC. 805. PROTECTION OF COMMERCIAL SOURCES.
Section 455(b)(1) of title 10, United States Code, is amended by--
(1) in subparagraph (B) by striking ``or'';
(2) in subparagraph (C) by striking the period at the end
inserting in lieu thereof ``; or'';
(3) by adding at the end the following new subparagraph
(D):
``(D) that contains information that the Secretary
of Defense has determined in writing, if disclosed,
would interfere or unfairly compete with an emerging or
existing commercial industry or market operation.'';
and
(4) by adding at the end the following new paragraph (4):
``(4) Nothing in this section shall affect, limit, or
supersede the authorities or responsibilities of the Director
of the Central Intelligence Agency with respect to imagery and
imagery intelligence pursuant to the National Security Act of
1947, as amended (50 U.S.C. 402 et seq.), Executive Order
12951, or any successor Executive order and applicable
Presidential directives. The withholding of imagery and imagery
intelligence will be in accordance with the policies and
directives of the Director of Central Intelligence.''.
SEC. 806. REPEAL OF EXPORT CONTROLS ON HIGH PERFORMANCE COMPUTERS.
Subtitle B of Title XII of Division A (Sections 1211-1215) of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85, 111 Stat. 1932) is repealed.
SEC. 807. REPEAL OF REQUIREMENT TO TRANSFER TACTICAL AIRLIFT MISSION TO
RESERVE COMPONENTS.
Section 1438 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1689), as amended by section
1023 of the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 105 Stat. 1460), is repealed.
SEC. 808. CODIFICATION OF PROVISIONS PERTAINING TO GEORGE C. MARSHALL
EUROPEAN CENTER FOR SECURITY STUDIES; WAIVER OF CHARGES
FOR CERTAIN PARTICIPANTS OF THE ASIA PACIFIC CENTER.
(a) In General.--(1) Chapter 134 of title 10, United States Code is
amended by adding at the end the following new section:
``Sec. 2256. George C. Marshall European Center for Security Studies
and Asia Pacific Center for Security Studies
``(a) Use of Contributions.--Funds received by the United States
Government from the Federal Republic of Germany as its fair share of
the costs of the George C. Marshall European Center for Security
Studies shall be credited to appropriations available to the Department
of Defense for the George C. Marshall European Center for Security
Studies. Funds so credited shall be merged with the appropriations to
which credited and shall be available for the Center for the same
purposes and the same period as the appropriations with which merged.
``(b) Waiver of Charges.--(1) The Secretary of Defense may waive
reimbursement of the costs of conferences, seminars, courses of
instruction, or similar educational activities of the George C.
Marshall European Center for Security Studies for military officers and
civilian officials of cooperation partner states of the North Atlantic
Cooperation Council or the Partnership for Peace if the Secretary
determines that attendance by such personnel without reimbursement is
in the national security interest of the United States.
``(2) The Secretary of Defense may waive reimbursement of the costs
of conferences, seminars, courses of instruction, or similar
educational activities of the Asia Pacific Center for Security Studies
for military officers and civilian officials of foreign nations of the
Asia Pacific Region if the Secretary determines that attendance by such
personnel, without reimbursement, is in the national security interest
of the United States.
``(3) Costs for which reimbursement is waived pursuant to
paragraphs (1) and (2) shall be paid from appropriations available for
each Center.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2256. George C. Marshall European Center for Security Studies and
Asia Pacific Center for Security
Studies.''.
(b) Repeal of Superseded Provision Relating to George C. Marshall
Center.--Section 1306 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is repealed.
Subtitle B--Department of Defense Personnel Management
SEC. 811. DEMONSTRATION PROJECT RELATING TO CERTAIN PERSONNEL
MANAGEMENT POLICIES AND PROCEDURES OF THE DEFENSE
COMMISSARY AGENCY.
(a) Commencement.--The Secretary of Defense is encouraged and
authorized to take such steps as may be necessary to provide for the
commencement of a demonstration project, the purpose of which would be
to determine the feasibility or desirability of one or more proposals
for improving the personnel management policies or procedures that
apply with respect to the Defense Commissary Agency.
(b) Terms and Conditions.--(1) In General.--Except as otherwise
provided in this subsection, any demonstration project described in
subsection (a) shall be subject to section 4703 of title 5, United
States Code, and all other provisions of such title that apply with
respect to any demonstration project under such section.
(2) Exceptions.--Subject to paragraph (3), in applying section 4703
of title 5, United States Code, with respect to a demonstration project
described in subsection (a)--
(A) subsection (b)(3) shall be disregarded;
(B) ``180 days'' in subsection (b)(4) of such section shall
be deemed to read ``30 days'';
(C) ``90 days'' in subsection (b)(6) of such section shall
be deemed to read ``30 days'';
(D) subsection (c)(1) shall be deemed to read as follows:
``(1) subchapter V of chapter 63 or subpart G of part II of
this title'';
(E) subsection (d) shall be disregarded; and
(F) subsection (f) shall be disregarded and, in lieu
thereof, subsection (c) of this section shall apply.
(3) Condition.--Paragraph (2) shall not apply with respect to a
demonstration project unless it--
(A) involves only the workforce of the Defense Commissary
Agency (or any part thereof); and
(B) commences during the 3-year period beginning on the
date of the enactment of this Act.
(c) Partnership With Unions.--
(1) Except as provided in paragraph (2) employees within a
unit to which a labor organization is accorded exclusive
recognition under chapter 71 of title 5, United States Code,
shall not be subject to any of the flexibilities contained in a
demonstration project authorized under this section unless the
exclusive representative and the Defense Commissary Agency have
entered into a written agreement which specifically provides
for the exercise of that flexibility.
(2) Notwithstanding paragraph (1)--
(A) if the exercise of any flexibility provided by
the demonstration project would affect employees who
are in more than one bargaining unit affiliated with
the same national labor organization and who are
covered by more than one collective bargaining
agreement, such flexibility may be exercised if there
is a written agreement permitting such exercise between
the Defense Commissary Agency and the national labor
organization; and
(B) if the exercise of any flexibility provided by
the demonstration project would affect employees who
are in more than one bargaining unit and whose
exclusive representatives are affiliated with more than
one national labor organization, such flexibility may
be exercised if there is a written agreement permitting
such exercise between the Defense Commissary Agency and
all of such national labor organizations.
(3) The written agreements referred to in paragraphs (1)
and (2) may not be imposed by the Federal Services Impasses
Panel under section 7119 of title 5, United States Code.
SEC. 812. EMPLOYMENT PREFERENCE PROGRAM FOR MILITARY SPOUSES.
Section 1792 of title 10, United States Code, is amended--
(1) by striking out subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 813. PRESERVATION OF CIVIL SERVICE RIGHTS FOR EMPLOYEES OF THE
FORMER DEFENSE MAPPING AGENCY.
Notwithstanding section 1612 of title 10, United States Code, the
provisions of subchapters II and IV (sections 7511 through 7514 and
sections 7531 through 7533, respectively) of chapter 75 of title 5,
United States Code, continue to apply, for as long as the employee
continues to serve as a Department of Defense employee in the National
Imagery and Mapping Agency without a break in service, to each of those
former Defense Mapping Agency employees who occupied positions
established under title 5, United States Code, and who on October 1,
1996, became employees of the National Imagery and Mapping Agency under
paragraph 1601(a)(1) of title 10, United States Code pursuant to Title
XI of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2675, et seq.) and for whom the
provisions of chapter 75 of title 5, United States Code, applied before
October 1, 1996. Such an employee, at any time, may elect to waive the
provisions of this section, in which case such waiver shall be
permanent as to that employee.
SEC. 814. CLARIFICATION OF DEFENSE CIVILIAN PERSONNEL SYSTEM POSITIONS.
(a) Authority for Senior DOD Intelligence Positions.--Section
1601(a)(1) of title 10, United States Code, is amended to read as
follows:
``(1) establish, as positions in the excepted service, such
defense intelligence positions in the Department of Defense as
the Secretary of Defense determines necessary to carry out the
intelligence functions of the Department including--
``(A) Intelligence Senior Level positions
designated under section 1607 of this title; and
``(B) positions in the Defense Intelligence Senior
Executive Service;''.
(b) Conforming Definition for Defense Intelligence Position.--
Subsection 1614 of such title 10 is amended to read as follows:
``(1) The term `defense intelligence position' means a
civilian position as an intelligence officer or intelligence
employee of the Department of Defense.''.
SEC. 815. MODIFICATION TO MANAGEMENT TRAINING PROGRAM IN JAPANESE
LANGUAGE AND CULTURE.
Section 2198 of title 10, United States Code, is amended in
subsections (a) and (b) by striking ``shall'' and inserting in lieu
thereof ``may''.
SEC. 816. EXPERIMENTAL PERSONNEL AUTHORITY--DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY.
(a) Authority.--In order to facilitate the conduct of research and
development through the Defense Advanced Research Projects Agency, the
Secretary of Defense is authorized to--
(1) appoint, notwithstanding any other provision of title
5, United States Code, for appointment or classification, up to
20 scientific and engineering personnel, and fix their
compensation, notwithstanding any other provision of law, at a
rate not exceeding the maximum rate for a Senior Level salary;
(2) provide by regulation for a system of additional
payments for the positions in (a)(1) which is described in
(d)(2).
(b) Term and Reports.--The authority of this section to make
appointments shall terminate five years from the date of enactment. The
Secretary of Defense shall report annually for the five years after the
date of enactment of this Act to the Committee of Armed Services of the
United States Senate and the Committee on National Security of the
House of Representatives on the use of authorities under this section.
(c) Definitions.--As used in this section--
(1) ``Agency'' means the Defense Advanced Research Projects
Agency.
(2) ``Senior Level salary'' means a pay rate set in
accordance with section 5376, title 5, United States Code.
(d) Procedures.--In exercising the authorities under this section
the following procedures apply:
(1) Excepted service appointments pursuant to subsection
(a)(1) of this section are limited to four years, except that
upon a determination by the Secretary of Defense or his
designee that such action is necessary to promote the
efficiency of the agency, such appointment may be extended for
up to two additional years;
(2) Regulations governing additional payments made pursuant
to subsection (a)(2) shall limit such payments to $25,000 per
year, or 25 percent of salary, per person per year, as long as
total compensation does not exceed the limit established by
section 5307 of title 5. Such payments will be made for the
purpose of creating a compensation package allowing for the
recruitment and retention of highly qualified personnel.
TITLE IX--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 901. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR
PROCUREMENT OF RESERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is repealed.
SEC. 902. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE
DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986
(31 U.S.C. 1105 note) is repealed.
SEC. 903. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
(a) Establishment of Program.--Section 1412(c) of the Department of
Defense Authorization Act, 1986 (Public Law 99-145) (50 U.S.C. 1521),
is amended by adding at the end the following:
``(4)(A) The Director of the Federal Emergency Management
Agency shall administer a program to provide off-post emergency
preparedness required to protect the public around
installations where lethal chemical agents and munitions are
stored in the continental United States from risks that may be
identified by the Secretary;
``(B) The Director shall assist States in developing
offsite emergency response capabilities necessary for operation
and maintenance of the facilities identified in subsection
(c)(1)(B);
``(C) The Director may make grants to State and local
governments for the purposes of this subsection.
``(D) The Director may establish an incentive program to
encourage State and local governments to achieve early,
efficient, and cost-effective attainment of the level of
emergency preparedness required under this subsection. Under
the program, the Director may permit any State or a State's
subgrantee to retain a portion of a grant made under paragraph
(C) that represents cost savings realized by the State or
subgrantee because of early completion of program objectives.
Amounts retained by any State or subgrantee shall not exceed
$100,000 in any fiscal year and shall be available for any
purpose determined by the State or subgrantee.
``(E) The Director shall report annually to Congress on the
activities carried out under this subsection.
(b) Program Funding.--Section 1412(f) (50 U.S.C. 1521(f)) of such
Act is amended--
(1) by striking ``Identification of Funds.--Funds'' and
inserting in lieu thereof ``Identification of Funds.--(1)
Funds'';
(2) by inserting ``(other than funds for carrying out the
program established in subsection (c)(4))'' after ``Funds for
carrying out this section'';
(3) by striking the second sentence; and
(4) by adding at the end the following:
``(2) Funds appropriated for carrying out the program
established in subsection (c)(4) shall be set out in a separate
defense-related activities program account for the Federal
Emergency Management Agency for any fiscal year under the
national defense function (function 050) of the Budget of the
United States.''.
SEC. 904. AUTHORITY TO MOVE FUNDS FOR COMBATING TERRORISM SUPPORT TO
MILITARY OPERATIONS.
(a) In General.--Chapter 6 of title 10, United States Code, is
amended by inserting after section 166a the following new section:
``Sec. 166b. Combatant commands: funding for combating terrorism
support
``From funds made available in any fiscal year to the Chairman of
the Joint Chiefs of Staff for combating terrorism under the `Operation
and Maintenance, Defense-Wide' account and the `Procurement, Defense-
Wide' account, the Secretary of Defense may transfer funds between such
accounts in such amounts as may be necessary to meet unanticipated,
critical requirements for combating terrorism or for force
protection.''.
(b) Clerical Amendment.--The table of sections for such chapter 6
is amended by inserting after the item relating to section 166a, the
following new item:
``166b. Combatant commands: funding for combating terrorism support.''.
SEC. 905. TRANSFER OF FUNDS: PROCEDURE AND LIMITATIONS.
Section 2214 of title 10, United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Limited Transfer Authority Within Acquisition Programs.--The
Secretary of Defense, with the approval of the Office of Management and
Budget, may transfer funds between investment appropriations of the
Department of Defense (the various procurement appropriations and the
various research, development, and test and evaluation programs of the
Department of Defense) within acquisition category I and II programs or
clearly defined groups of associated acquisition programs not to exceed
$500,000,000 per year and $20,000,000 per acquisition program. The
Secretary of Defense may delegate this authority no lower than the
milestone decision authority as designated by the Under Secretary of
Defense (Comptroller).''.
SEC. 906. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) Elements Specified.--In the Budget justification materials
submitted to Congress in support of the Department of Defense budget
for any fiscal year after fiscal year 1999 (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code), the amount requested for activities of the Ballistic
Missile Defense Organization shall be set forth in accordance with the
following Program Elements:
(1) The Patriot system.
(2) The Navy Area system.
(3) The Theater High-Altitude Area Defense system.
(4) The Navy Theater Wide system.
(5) The Medium Extended Air Defense System.
(6) Joint Theater Missile Defense.
(7) National Missile Defense.
(8) Support Technologies.
(9) Family of Systems Engineering and Integration.
(10) Ballistic Missile Defense Technical Operations.
(11) Threat and Countermeasures.
(12) International Cooperative Programs.
(b) Treatment of Ballistic Missile Defense Major Defense
Acquisition Programs.--Amounts requested for Theater and National
Missile Defense Major Defense Acquisition Programs shall be specified
in individual dedicated program elements, and amounts appropriated for
such programs shall be available only for Ballistic Missile Defense
activities.
(c) Management and Support.--Program Elements shall include
requests for the amounts necessary for the management and support of
the programs, projects, and activities contained in that program
element.
SEC. 907. TRANSFER OF FUNDS RELATED TO THE EXECUTION OF MILITARY FAMILY
HOUSING PRIVATIZATION PROJECTS.
(a) Transfer Authority.--In such amounts as provided in advance in
appropriation Acts, the Secretary of Defense may transfer amounts for
military housing from amounts appropriated therefor to the Department
in Operations and Maintenance accounts, to Military Personnel accounts.
(b) Notice Requirement.--A transfer of appropriated amounts under
subsection (a) may be made only after the end of the 30-day period
beginning on the date the Secretary of Defense submits written notice
of, and justification for, the transfer to the appropriate committees
of Congress.
SEC. 908. CLARIFICATION OF THE PROPER CHARGES TO MILITARY CONSTRUCTION
DESIGN FUNDS.
Section 2807 of title 10, United States Code, is amended--
(1) in subsection (a) by striking ``in connection with
military construction projects not otherwise authorized by
law.'' and inserting in lieu thereof ``, regardless of the
intended acquisition approach, in connection with any military
construction or military family housing project otherwise, or
not otherwise, authorized by law.''; and
(2) in subsection (d) by striking ``study, planning,
design, architectural and engineering services'' and inserting
in lieu thereof: ``architectural and engineering services and
construction design''.
SEC. 909. PAYMENT OF FOREIGN LICENSING FEES FROM THE PROCEEDS RECEIVED
FROM THE SALE OF MAPS, CHARTS, AND NAVIGATIONAL BOOKS.
Section 451 of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph (3):
``(3) pay licensing or other fees to foreign countries or
international organizations for the acquisition or use of data
or products to be paid for from the proceeds of the public
sales of such data or products. All amounts in excess of the
licensing or other fees shall be deposited by the Secretary in
the Treasury as miscellaneous receipts.''.
SEC. 910. FEES AT MILITARY HISTORY INSTITUTES.
(a) Army.--Chapter 437 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 4595. United States Army Military History Institute: retention
of fees
``(a) Authority.--The Secretary of the Army may charge and retain
fees received for providing historical information from the United
States Army Military History Institute to public requesters.
``(b) Retention of Fees.--Monies received by the United States Army
Military History Institute under subsection (a) shall be retained by
the Secretary and shall be available to offset the cost of providing
historical information.
``(c) Exclusion.--This section shall not apply to records made
available to the public under section 552 of title 5, United States
Code.
``(d) Definitions.--In this section:
``(1) The term `United States Army Military Institute'
means the Army's primary archive for historical records and
materials.
``(2) The term `public requesters' means all persons who
request historical information from the Institute other than
persons who request information in their official capacity as a
member of the armed forces or an officer or employee of the
United States, as defined in sections 2104 and 2105 of title 5,
United States Code.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 437 is amended by adding at the end the following new
item:
``4595. United States Army Military History Institute: retention of
fees.''.
(c) Navy.--Chapter 649 of such title 10 is amended by adding at the
end the following new section:
``Sec. 7582. United States Navy and Marine Corps Military History
Institutes: retention of fees
``(a) Authority.--The Secretary of the Navy may charge and retain
fees received for providing historical information from the United
States Naval Historical Center and the Marine Corps Historical Center
to public requesters.
``(b) Retention of Fees.--Monies received by the Secretary under
subsection (a) shall be retained by the Secretary and shall be
available to offset the cost of providing historical information.
``(c) Exclusion.--This section shall not apply to records made
available to the public under section 552 of title 5, United States
Code.
``(d) Definitions.--In this section:
``(1) The term `United States Naval Historical Center'
means the Navy's primary archive for historical records and
materials.
``(2) The term `Marine Corps Historical Center' means the
Marine Corps' primary archive for historical records and
materials.
``(3) The term `public requesters' means all persons who
request historical information from the Navy other than persons
who request information in their official capacity as a member
of the armed forces or an officer of the armed forces or an
officer or employee of the United States, as defined in
sections 2104 and 2105 of title 5, United States Code.''.
(d) Clerical Amendment.--The table of sections at the beginning of
such Chapter 649 is amended by adding at the end the following new
item:
``7582. United States Navy and Marine Corps Military History Institute:
retention of fees.''.
(e) Air Force.--Chapter 937 of title 10, United States Code, is
amended by adding at the end the following new section:
Sec. 9594. United States Air Force Military History Institute:
retention of fees
``(a) Authority.--The Secretary of the Air Force may charge and
retain fees received for providing historical information from the
United States Air Force Military History Institute to public
requesters.
``(b) Retention of Fees.--Monies received by the United States Air
Force Military History Institute under subsection (a) shall be retained
by the Secretary and shall be available to offset the cost of providing
historical information.
``(c) Exclusion.--This section shall not apply to records made
available to the public under section 552 of title 5, United States
Code.
``(d) Definitions.--In this section:
``(1) The term `United States Air Force Military Institute'
means the Air Force's primary archive for historical records
and materials.
``(2) The term `public requesters' means all persons who
request historical information from the Institute other than
persons who request information in their official capacity as a
member of the armed forces or an officer or employee of the
United States, as defined in sections 2104 and 2105 of title 5,
United States Code.''.
(f) Clerical Amendment.--The table of sections at the beginning of
such chapter 937 is amended by adding at the end the following new
item:
``9594. United States Air Force Military History Institute: retention
of fees.''.
Subtitle B--Miscellaneous Report Requirements and Repeals
SEC. 911. REPEAL OF OBSOLETE REPORTING REQUIREMENT.
Section 1002(d) of the Department of Defense Authorization Act,
1985 (Public Law 98-525; 98 Stat. 2576), concerning an annual report to
Congress regarding the NATO conventional defense assessment of allied
performance in selected improvement areas, is hereby repealed.
SEC. 912. REPEAL OF REPORT ON NATO CONVENTIONAL DEFENSE CAPABILITIES
Section 1002(d) of the Department of Defense Authorization Act,
1985 (Public Law 98-525; 98 Stat. 2575; 22 U.S.C. 1928 note) is
amended--
(1) by striking subsection (d), and
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 913. REPEAL OF OUTDATED REPORTS ON ALLIED BURDENSHARING.
Section 1003 of the Department of Defense Authorization Act, 1985
(Public Law 98-525; 98 Stat. 2577) is amended by striking subsection
(c) and subsection (d).
SEC. 914. REPEAL OF REPORTING REQUIREMENTS RELATING TO TRAINING OF
SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN FORCES.
Section 2011 of title 10, United States Code, is amended by
striking subsection (e).
SEC. 915. REPEAL OF ANNUAL REPORT ON THE DEFENSE BUSINESS OPERATIONS
FUND.
Section 2216a(h) of title 10, United States Code, is amended--
(1) by striking subsection (h), and
(2) by redesignating subsection (i) as subsection (h).
SEC. 916. REPEAL OF ANNUAL REPORT ON USE OF AUTHORITY BY THE DEFENSE
CONTRACT AUDIT AGENCY TO SUBPOENA RECORDS OF DEFENSE
CONTRACTORS.
Section 2313(b) of title 10, United States Code, is amended by
striking paragraph (4).
SEC. 917. REPEAL OF REPORT ON USE OF FUNDS RECEIVED FROM THE LEASE OF
NON-EXCESS PROPERTY.
Section 2667(d) of title 10, United States Code, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
SEC. 918. REPEAL OF STUDIES AND REPORTS ON DEMONSTRATION PROJECTS FOR
DELIVERY OF HEALTH CARE.
Section 1092(a) of title 10, United States Code, is amended by
striking ``every six months'' and inserting in lieu thereof ``every
year''.
SEC. 920. REPEAL OF COMMISSION REPORT ON ALTERNATIVE UTILIZATION OF
MILITARY FACILITIES.
Section 2819 of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100-456; 102 Stat. 2119; 10 U.S.C. 2391 note) is
repealed.
SEC. 921. REPEAL OF REPORT ON PROPOSED CONTRACT FOR SALE OF GREGG
CIRCLE AREA, FORT JACKSON, SOUTH CAROLINA.
Section 840 of the Military Construction Authorization Act, 1986
(Public Law 99-167; 99 Stat. 997) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 922. EXCEPTIONS FROM REPORTING REQUIREMENTS FOR EMERGENCY REAL
PROPERTY TRANSACTIONS.
(a) In General.--Section 2662 of title 10, United States Code, is
amended by adding at the end the following new subsections:
``(g) Exception for Declaration of War or Emergency, Proclamation
To Disperse, or Contingency Operation.--Subsections (a) and (e) shall
not apply to any real property transaction made in connection with--
``(1) a declaration of war;
``(2) a declaration of a national emergency by the
President pursuant to the National Emergencies Act (Public Law
94-412; 50 U.S.C. 1601 et seq.);
``(3) a declaration of an emergency or a major disaster
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974 (Public Law 93-228, as amended
by Public Law 100-707; 42 U.S.C. 5121 et seq.);
``(4) the use of the militia or the armed forces, or both,
after a proclamation to disperse under section 334 of this
title; or
``(5) a contingency operation.
``(h) Exception.--The Secretary concerned may enter into any real
property transaction listed in subsection (a) without submitting a
report required under such subsection when the Secretary determines
that an event specified in subsection (g) is imminent and it is
necessary to prepare for the event prior to the event occurring.
``(i) Report on Exception.--The Secretary concerned shall submit a
report to the congressional committees named in subsection (a) not
later than 30 days after entering into a transaction that, but for
subsection (g) or (h), would require a report under subsection (a) or
(e).''.
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``(a) The Secretary'' and inserting in lieu thereof
``(a) Transactional Reporting Requirements.--Except as provided in
subsections (g) and (h), the Secretary''.
(c) Clerical Amendments.--(1) Subsection (b) of such section is
amended by striking ``(b) The Secretary of'' and inserting in lieu
thereof ``(b) Annual Report.--The Secretary of''.
(2) Subsection (c) of such section is amended by striking ``(c)
This section applies'' and inserting in lieu thereof ``(c)
Applicability.--This section applies''.
(3) Subsection (d) of such section is amended by striking ``(d) A
statement'' and inserting in lieu thereof ``(d) Effect of Statement of
Compliance.--A statement''.
(4) Subsection (e) of such section is amended by striking ``(e) No
element'' and inserting in lieu thereof ``(e) Occupancy of GSA Leased
Space.--No element''.
(5) Subsection (f) of such section is amended by striking ``(f)
Whenever'' and inserting in lieu thereof ``(f) Report on Transaction
Involving an Intelligence Component.--Whenever''.
SEC. 923. REPEAL OF NOTIFICATION REQUIREMENTS RELATING TO INSPECTOR
GENERAL INVESTIGATIONS.
Section 1034 of title 10, United States Code, is amended--
(1) by striking subsection (e)(3),
(2) by redesignating subsection (e)(4) as subsection
(e)(3),
(3) by striking subsection (h), and
(4) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
SEC. 924. REPEAL OF REPORTING OF CERTAIN ELEMENTS OF OVERSEAS BASING
COSTS.
Section 8125 of the Department of Defense Appropriations Act, 1989
(Public Law 100-463; 102 Stat. 2270-42) (10 U.S.C. 113 note) is
amended--
(1) by striking subsection (g); and
(2) in subsection (h), by striking ``subsections (f) and
(g)'' and inserting in lieu thereof ``subsection (f)''.
SEC. 925. INFLATION ADJUSTMENT TO NOTIFICATION REQUIREMENT FOR
ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION
DESIGN CONTRACT.
Section 2807 (b) of title 10, United States Code, is amended by
striking ``$300,000'' and inserting in lieu thereof ``$500,000''.
Subtitle C--Matters Relating to Terrorism
SEC. 931. AUTHORITY TO PURCHASE NONTACTICAL ARMORED PASSENGER VEHICLES
UNDER EMERGENCY SITUATIONS FOR COMBATING TERRORISM AND
MILITARY FORCE PROTECTION SUPPORT.
Section 2253(a) of title 10, United States Code, is amended--
(1) by inserting ``, the Chairman, Joint Chiefs of Staff,''
after ``The Secretary of Defense''
(2) by striking ``and'' at the end of paragraph (1);
(3) by striking the period at the end of paragraph (2) and
inserting in lieu thereof ``; and''; and
(4) by adding at the end the following new paragraph (3):
``(3) purchase nontactical armored passenger vehicles under
emergency situations for combating terrorism and military force
protection support notwithstanding section 1343 of title 31,
United States Code.''.
SEC. 932. MAINTENANCE AND OPERATION OF EQUIPMENT FOR COUNTERTERRORISM.
Section 374 of title 10, United States Code, is amended--
(1) in subsection (b)(1)(A), by striking ``or'';
(2) in subsection (b)(1)(B), by striking the period at the
end, inserting in lieu thereof a semicolon and the following
new subparagraphs:
``(C) a foreign or domestic counterterrorism
operation; or
``(D) a rendition of a suspected terrorist from a
foreign country to the United States to stand trial.'';
(3) in subsection (b)(2)(F)(i)--
(A) by inserting ``along with any other civilian or
military personnel who are supporting, or conducting, a
joint operation with civilian law enforcement
personnel;'' after ``the transportation of civilian law
enforcement personnel''; and
(B) by striking ``and'';
(4) in subsection (b)(2)(F)(ii)--
(A) by inserting ``and supporting'' after ``the
operation of a base of operations for civilian law
enforcement'';
(B) by striking the period at the end and inserting
in lieu thereof ``; and''; and
(C) by inserting at the end the following new
clause:
``(iii) the transportation of suspected
terrorists from foreign countries to the United
States for trial (so long as the requesting
agency provides all security for such
transportation and maintains custody over the
suspect through the duration of the
transportation).'';
(5) in subsection (b)(4)(A), by striking ``an'' and
inserting in lieu thereof ``a Federal''; and
(6) in subsection (b)(4)(A), by inserting ``(v) Any law,
foreign or domestic, prohibiting terrorist activities.'' after
``(iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.).''.
Subtitle D--Matters Relating to Counter Drug Operations
SEC. 941. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES.
Section 1004 of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 374 note) is amended--
(1) in subsection (a) by striking ``through 1999'' and
inserting in lieu thereof ``through 2004'';
(2) in paragraph (b)(4) by inserting ``Department of
Defense or any Federal, State, local, or foreign law
enforcement agency'' after ``facilitating'';
(3) by redesignating subsection ``(g)'' as subsection
``(h)''; and
(4) by inserting after subsection ``(f)'' the following new
subsection ``(g)''.
``(g) Outreach Programs.--(1) The Secretary of Defense may conduct
domestic outreach programs to reduce the demand for illegal drugs among
youths. The programs may include outreach activities conducted
separately or jointly by the active and reserve components of the armed
forces.
``(2) Funds available to the Department of Defense for drug
interdiction and counter-drug activities may be used in carrying out
the outreach programs described in paragraph (1).''.
SEC. 942. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES OF SELECTED CARIBBEAN
COUNTRIES.
(a) In General.--Section 1031 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2637), as
amended, is further amended--
(1) in the catchline by striking ``Mexico'' and inserting
in lieu thereof ``selected Caribbean countries.'';
(2) in subsection (a)--
(A) by striking ``during fiscal year 1997'' and
inserting in lieu thereof ``during fiscal years 1999
through 2004'';
(B) by striking ``Government of Mexico'' in each
place it appears in the subsection and inserting in
lieu thereof in each instance ``selected Caribbean
countries'';
(C) by inserting at the end of the subsection the
following new sentence: ``For the purposes of this
section, the term `selected Caribbean countries'
includes the Commonwealth of the Bahamas, the Dominican
Republic, Haiti, Jamaica, Trinidad and Tobago, Grenada,
Saint Vincent and the Grenadines, Barbados, Saint
Lucia, Dominica, Antigua and Barbuda, and Saint
Christopher and Nevis.'';
(3) in paragraph (b)(2)--
(A) by striking ``nonlethal'';
(B) by redesignating subparagraph (F) as
subparagraph (G) and in the subparagraph (G), as so
redesignated, by striking ``subparagraphs (A), (B),
(C), (D), and (E)'' and inserting in lieu thereof
``subparagraphs (A), (B), (C), (D), (E) and (F)''; and
(C) by inserting after paragraph (E) the following
new paragraph (F):
``(F) Boats suitable for Caribbean counter-drug
operations along with associated systems, services, and
communications suites.'';
(4) in paragraph (b)(4) by striking ``Mexico'' and
inserting in lieu thereof ``selected Caribbean countries.'';
(5) in subsection (b) by adding at the end the following
new paragraph (5):
``(5) For selected Caribbean countries, operation and
maintenance support to utilize the support provided in
subsection (b) for the counter-drug activities of the receiving
Government''.;
(6) in subsection (d) by striking ``$8,000,000'' and
inserting in lieu thereof ``$8,500,000'';
(7) in subsection (d) by striking the last two sentences;
(8) in paragraph (e)(2) by striking ``Government of
Mexico'' each place it appears in the paragraph and inserting
in lieu thereof, in each instance, ``receiving Government''.
(9) in subparagraph (e)(2)(B) by inserting ``the functional
equivalent of'' after ``undergone''.
(b) Clerical Amendment.--The item relating to section 1031 as
depicted in subtitle C of title X of the table of contents for such Act
(Public Law 104-201; 110 Stat. 2430) is amended by striking ``Mexico''
and inserting in lieu thereof ``selected Caribbean countries.''.
Subtitle E--Other Matters
SEC. 951. DEFINITION OF FINANCIAL INSTITUTIONS FOR DIRECT DEPOSIT OF
PAY.
(a) Military Employees Reimbursement for Errors.--Section
1053(d)(1) of title 10, United States Code, is amended to read as
follows:
``(d)(1) The term `financial institution' means a bank, savings and
loan association or similar institution, or a credit union chartered by
the United States or a State.''.
(b) Civilian Employees Reimbursement for Error.--Section 1594(d)(1)
of title 10, United States Code, is amended to read as follows:
``(d)(1) The term `financial institution' means a bank, savings and
loan association or similar institution, or a credit union chartered by
the United States or a State.''.
SEC. 952. RELEASE OF DRUG TEST RESULTS OF CIVIL SERVICE MARINERS OF THE
MILITARY SEALIFT COMMAND.
Section 503(e) of the Supplemental Appropriations Act, 1987 (5
U.S.C. 7301 note) is amended by adding at the end the following new
paragraph:
``(5) Notwithstanding paragraphs (1) through (4) of this
subsection, to the extent similar submissions are required from
commercial vessel operators, drug testing results of Civil
Service Mariners of the Military Sea Lift Command may be
released to the United States Coast Guard.''.
SEC. 953. DISPOSITION OF COLLECTIONS RECOVERED FROM CLAIMS AGAINST
THIRD PARTIES FOR LOSS OR DAMAGE TO PERSONAL PROPERTIES
OR STORED AT GOVERNMENT EXPENSE.
(a) In General.--Chapter 163 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2739. Disposition of amounts recovered from claims against third
parties for loss or damage to personal property shipped
or stored at government expense
``All amounts that the military claims services collected from
third parties under the authority of sections 3711, 3716, 3717 and 3721
of title 31, United States Code, as a result of claims the services
have paid to the owners of personal property for loss or damage to
their property while it was being shipped or stored at government
expense, shall be credited to the appropriation from which claims may
be paid for the year such amounts are received.''; and
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following new item:
``2739. Disposition of amounts recovered from claims against third
parties for loss or damage to personal
property shipped or stored at government
expense.''.
SEC. 954. TRANSPORTATION OF POLYCHLORINATED BIPHENYLS.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2410o. Transportation of polychlorinated biphenyls
``Notwithstanding any other provision of law or regulation,
polychlorinated biphenyls which are located outside of the customs
territory of the United States and which are in the possession and
control of the United States may be imported for disposal in the
customs territory of the United States. Disposal, treatment, or storage
of such polychlorinated biphenyls within the customs territory of the
United States shall be governed by the Toxic Substances Control Act.''.
(b) Clerical Amendment.--The table of sections at the beginning is
amended by adding at the end the following new item:
``2410o. Transportation of Polychlorinated Biphenyls.''.
SEC. 955. RENTAL OF ARMY FAMILY HOUSING IN ITALY AND KOREA.
Section 2828(e)(2) of title 10, United States Code, is amended to
read as follows:
``(2) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease amount
is $25,000 per unit per year--
``(A) the Secretary of the Navy may lease not more
than 2,000 units of family housing in Italy subject to
that maximum lease amount; and
``(B) the Secretary of the Army may lease not more
than 500 units of family housing in Italy and not more
than 800 units of family housing in Korea subject to
that maximum lease amount.''.
SEC. 956. PILOT PROGRAM ON SEPARATE NOTICE BY FEDERAL AGENCY PRIOR TO
GARNISHMENT FOR CHILD SUPPORT AND ALIMONY.
(a) In General.--The Secretary of Defense may conduct a pilot
program in which the Secretary's agent for purposes of providing notice
and taking action to enforce obligations for child support and alimony
under section 459 of the Social Security Act (42 U.S.C. 659) would be
exempt from providing ``a copy of the notice or service'' as required
by subparagraph 459(c)(2)(A) of such Act.
(b) Requirements.--The notice to the individual shall comply with
all provisions of law except for the provision of a copy of the notice
or service noted in subsection (a), shall be in writing, and shall
describe the pertinent court order, notice to withhold, or other order
or process received by the Secretary's agent to enforce child support
and alimony obligations. Such information also shall include the
identity of the court or judicial forum ordering the support
obligation, the case number, the amount of the obligation, and the name
of the beneficiary. The notice also shall contain an address and
telephone number where a copy of the notice or service may be obtained
upon the request of an individual.
(c) Report.--The Secretary shall submit a report to the Speaker of
the House of Representatives and the President of the Senate describing
the program. Such report shall be provided by April 1, 2001 and shall
include the number of notices provided during the period of the pilot
program; the number of individuals who requested copies of the actual
notice or service; and any complaints the Secretary or his agent may
receive by not providing the actual notice or service.
(d) Period of Pilot Program.--The pilot program shall begin within
90 days of the enactment of this Act and shall remain in effect through
September 30, 2000.
SEC. 957. LONG-TERM CHARTER OF THREE VESSELS IN SUPPORT OF SUBMARINE
RESCUE, ESCORT, AND TOWING.
The Secretary of the Navy may to enter into a long-term charter or
into long-term charters, in accordance with section 2401 of title 10,
United States Code, for three vessels (CAROLYN CHOUEST, United States
official number D102057; KELLIE CHOUEST, United States official number
D1038519; DOLORES CHOUEST, United States official number D600288) to
support the rescue, escort, and towing of submarines.
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