[Congressional Record Volume 145, Number 28 (Tuesday, February 23, 1999)]
[Senate]
[Pages S1825-S1830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

SOLDIERS', SAILORS', AIRMEN'S, AND MARINES' BILLS OF RIGHTS ACT OF 1999

                                 ______
                                 

                   ROBB (AND OTHERS) AMENDMENT NO. 8

  Mr. ROBB (for himself, Mr. Cleland, Mr. Kennedy, Mr. Bingaman, and 
Mr. Kerrey) proposed an amendment to the bill (S. 4) to improve pay and 
retirement equity for members of the Armed Forces; and for other 
purposes; as follows:

       On page 28, between lines 8 and 9, insert the following new 
     sections:

     SEC. 104. INCREASE IN RATE OF DIVING DUTY SPECIAL PAY.

       (a) Increase.--Section 304(b) of title 37, United States 
     Code, is amended--
       (1) by striking ``$200'' and inserting ``$240''; and
       (2) by striking ``$300'' and inserting ``$340''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1999, and shall apply with 
     respect to special pay paid under section 304 of title 37, 
     United States Code, for months beginning on or after that 
     date.

     SEC. 105. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR 
                   REENLISTMENT BONUS FOR ACTIVE MEMBERS.

       (a) Increase in Maximum Amount.--Section 308(a)(2)(B) of 
     title 37, United States Code, is amended by striking 
     ``$45,000'' and inserting ``$60,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1999, and shall apply with 
     respect to reenlistments and extensions of enlistments taking 
     effect on or after that date.

     SEC. 106. INCREASE IN ENLISTMENT BONUS FOR MEMBERS WITH 
                   CRITICAL SKILLS.

       (a) Increase.--Section 308a(a) of title 37, United States 
     Code, is amended in the first sentence by striking 
     ``$12,000'' and inserting ``$20,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1999, and shall apply with 
     respect enlistments and extensions of enlistments taking 
     effect on or after that date.

     SEC. 107. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-
                   QUALIFIED OFFICERS.

       (a) Special Pay for Nuclear-Qualified Officers Extending 
     Period of Active Service.--Section 312(a) of title 37, United 
     States Code, is amended by striking ``$15,000'' and inserting 
     ``$25,000''.
       (b) Nuclear Career Accession Bonus.--Section 312b(a)(1) of 
     title 37, United States Code, is amended by striking 
     ``$10,000'' and inserting ``$20,000''.
       (c) Nuclear Career Annual Incentive Bonuses.--Section 312c 
     of title 37, United States Code, is amended--

[[Page S1826]]

       (1) in subsection (a)(1), by striking ``$12,000'' and 
     inserting ``$22,000''; and
       (2) in subsection (b)(1), by striking ``$5,500'' and 
     inserting ``$10,000''.
       (d) Effective Date.--(1) The amendments made by this 
     section shall take effect on October 1, 1999.
       (2) The amendments made by subsections (a) and (b) shall 
     apply with respect to agreements accepted under section 
     312(a) and 312b(a), respectively, of title 37, United States 
     Code, on or after October 1, 1999.
       (3) The amendments made by subsection (c) shall apply with 
     respect to nuclear service years beginning on or after 
     October 1, 1999.

     SEC. 108. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR 
                   FOREIGN LANGUAGE PROFICIENCY PAY.

       (a) Increase in Maximum Monthly Rate.--Section 316(b) of 
     title 37, United States Code, is amended by striking ``$100'' 
     and inserting ``$300''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1999, and shall apply with 
     respect to foreign language proficiency pay paid under 
     section 316 of title 37, United States Code, for months 
     beginning on or after that date.

     SEC. 109. CAREER ENLISTED FLYER INCENTIVE PAY.

       (a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, 
     United States Code, is amended by inserting after section 
     301e the following new section 301f:

     ``Sec. 301f. Incentive pay: career enlisted flyers

       ``(a) Pay Authorized.--An enlisted member described in 
     subsection (b) may be paid career enlisted flyer incentive 
     pay as provided in this section.
       ``(b) Eligible Members.--An enlisted member referred to in 
     subsection (a) is an enlisted member of the armed forces 
     who--
       ``(1) is entitled to basic pay under section 204 of this 
     title or is entitled to compensation under paragraph (1) or 
     (2) of section 206(a) of this title;
       ``(2) holds a military occupational specialty or military 
     rating designated as a career enlisted flyer specialty or 
     rating by the Secretary concerned in regulations prescribed 
     under subsection (f) and continues to be proficient in the 
     skills required for that specialty or rating, or is in 
     training leading to the award of such a specialty or rating; 
     and
       ``(3) is qualified for aviation service.
       ``(c) Monthly Payment.--(1) Career enlisted flyer incentive 
     pay may be paid a member referred to in subsection (b) for 
     each month in which the member performs aviation service that 
     involves frequent and regular performance of operational 
     flying duty by the member.
       ``(2)(A) Career enlisted flyer incentive pay may be paid a 
     member referred to in subsection (b) for each month in which 
     the member performs service, without regard to whether or the 
     extent to which the member performs operational flying duty 
     during the month, as follows:
       ``(i) In the case of a member who has performed at least 6, 
     and not more than 15, years of aviation service, the member 
     may be so paid after the member has frequently and regularly 
     performed operational flying duty in each of 72 months if the 
     member so performed in at least that number of months before 
     completing the member's first 10 years of performance of 
     aviation service.
       ``(ii) In the case of a member who has performed more than 
     15, and not more than 20, years of aviation service, the 
     member may be so paid after the member has frequently and 
     regularly performed operational flying duty in each of 108 
     months if the member so performed in at least that number of 
     months before completing the member's first 15 years of 
     performance of aviation service.
       ``(iii) In the case of a member who has performed more than 
     20, and not more than 25, years of aviation service, the 
     member may be so paid after the member has frequently and 
     regularly performed operational flying duty in each of 168 
     months if the member so performed in at least that number of 
     months before completing the member's first 20 years of 
     performance of aviation service.
       ``(B) The Secretary concerned, or a designee of the 
     Secretary concerned not below the level of personnel chief of 
     the armed force concerned, may reduce the minimum number of 
     months of frequent and regular performance of operational 
     flying duty applicable in the case of a particular member 
     under--
       ``(i) subparagraph (A)(i) to 60 months;
       ``(ii) subparagraph (A)(ii) to 96 months; or
       ``(iii) subparagraph (A)(iii) to 144 months.
       ``(C) A member may not be paid career enlisted flyer 
     incentive pay in the manner provided under subparagraph (A) 
     after the member has completed 25 years of aviation service.
       ``(d) Monthly Rates.--(1) The monthly rate of any career 
     enlisted flyer incentive pay paid under this section to a 
     member on active duty shall be prescribed by the Secretary 
     concerned, but may not exceed the following:

``Years of aviation service                                Monthly rate
  4 or less...................................................$150 ....

  Over 4......................................................$225 ....

  Over 8......................................................$350 ....

  Over 14.....................................................$400.....

       ``(2) The monthly rate of any career enlisted flyer 
     incentive pay paid under this section to a member of a 
     reserve component for each period of inactive-duty training 
     during which aviation service is performed shall be equal to 
     \1/30\ of the monthly rate of career enlisted flyer incentive 
     pay provided under paragraph (1) for a member on active duty 
     with the same number of years of aviation service.
       ``(e) Nonapplicability to Members Receiving Hazardous Duty 
     Incentive Pay or Special Pay for Diving Duty.--A member 
     receiving incentive pay under section 301(a) of this title or 
     special pay under section 304 of this title may not be paid 
     special pay under this section for the same period of 
     service.
       ``(f) Regulations.--The Secretary concerned shall prescribe 
     regulations for the administration of this section. The 
     regulations shall include the following:
       ``(1) Definitions of the terms `aviation service' and 
     `frequently and regularly performed operational flying duty' 
     for purposes of this section.
       ``(2) The military occupational specialties or military 
     rating, as the case may be, that are designated as career 
     enlisted flyer specialties or ratings, respectively, for 
     purposes of this section.
       ``(g) Definition.--In this section, the term `operational 
     flying duty' means--
       ``(1) flying performed under competent orders while serving 
     in assignments in which basic flying skills normally are 
     maintained in the performance of assigned duties as 
     determined by the Secretary concerned; and
       ``(2) flying performed by members in training that leads to 
     the award of a military occupational specialty or rating 
     referred to in subsection (b)(2).''.
       (2) The table of sections at the beginning of chapter 5 of 
     title 37, United States Code, is amended by inserting after 
     the item relating to section 301e the following new item:

``301f. Incentive pay; career enlisted flyers.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1999.
       (c) Save Pay Provision.--In the case of an enlisted member 
     of a uniformed service who is a designated career enlisted 
     flyer entitled to receive hazardous duty incentive pay under 
     section 301(b) or 301(c)(2)(A) of title 37, United States 
     Code, as of October 1, 1999, the member shall be entitled 
     from that date to payment of incentive pay at the monthly 
     rate that is the higher of--
       (1) the monthly rate of incentive pay authorized by such 
     section 301(b) or 301(c)(2)(A) as of September 30, 1999; or
       (2) the monthly rate of incentive pay authorized by section 
     301f of title 37, United States Code, as added by subsection 
     (a).

     SEC. 110. RETENTION BONUS FOR SPECIAL WARFARE OFFICERS 
                   EXTENDING PERIODS OF ACTIVE DUTY.

       (a) Bonus Authorized.--(1) Chapter 5 of title 37, United 
     States Code, is amended by inserting after section 301f, as 
     added by section 109(a) of this Act, the following new 
     section:

     ``Sec. 301g. Special pay: special warfare officers extending 
       period of active duty

       ``(a) Bonus Authorized.--A special warfare officer 
     described in subsection (b) who executes a written agreement 
     to remain on active duty in special warfare service for at 
     least one year may, upon the acceptance of the agreement by 
     the Secretary concerned, be paid a retention bonus as 
     provided in this section.
       ``(b) Covered Officers.--A special warfare officer referred 
     to in subsection (a) is an officer of a uniformed service 
     who--
       ``(1) is qualified for a military occupational specialty or 
     designator identified by the Secretary concerned as a special 
     warfare military occupational specialty or designator and is 
     serving in a position for which that specialty or designator 
     is authorized;
       ``(2) is in pay grade O-3, or is in pay grade O-4 and is 
     not on a list of officers recommended for promotion, at the 
     time the officer applies for an agreement under this section;
       ``(3) has completed at least 6, but not more than 14, years 
     of active commissioned service; and
       ``(4) has completed any service commitment incurred to be 
     commissioned as an officer.
       ``(c) Amount of Bonus.--The amount of a retention bonus 
     paid under this section may not be more than $15,000 for each 
     year covered by the written agreement.
       ``(d) Proration.--The term of an agreement under subsection 
     (a) and the amount of the bonus payable under subsection (c) 
     may be prorated as long as such agreement does not extend 
     beyond the date on which the officer making such agreement 
     would complete 14 years of active commissioned service.
       ``(e) Payment.--Upon acceptance of a written agreement 
     under subsection (a) by the Secretary concerned, the total 
     amount payable pursuant to the agreement becomes fixed and 
     may be paid--
       ``(1) in a lump sum equal to the amount of half the total 
     amount payable under the agreement at the time the agreement 
     is accepted by the Secretary concerned followed by payments 
     of equal annual installments on the anniversary of the 
     acceptance of the agreement until the payment in full of the 
     balance of the amount that remains payable under the 
     agreement after the payment of the lump sum amount under this 
     paragraph; or
       ``(2) in graduated annual payments under regulations 
     prescribed by the Secretary concerned with the first payment 
     being payable

[[Page S1827]]

     at the time the agreement is accepted by the Secretary 
     concerned and subsequent payments being payable on the 
     anniversaries of the acceptance of the agreement.
       ``(f) Additional Pay.--A retention bonus paid under this 
     section is in addition to any other pay and allowances to 
     which an officer is entitled.
       ``(g) Repayment.--(1) If an officer who has entered into a 
     written agreement under subsection (a) and has received all 
     or part of a retention bonus under this section fails to 
     complete the total period of active duty in special warfare 
     service as specified in the agreement, the Secretary 
     concerned may require the officer to repay the United States, 
     on a pro rata basis and to the extent that the Secretary 
     determines conditions and circumstances warrant, all sums 
     paid the officer under this section.
       ``(2) An obligation to repay the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States.
       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the termination of a 
     written agreement entered into under subsection (a) does not 
     discharge the officer signing the agreement from a debt 
     arising under such agreement or under paragraph (1).
       ``(h) Regulations.--The Secretaries concerned shall 
     prescribe regulations to carry out this section, including 
     the definition of the term `special warfare service' for 
     purposes of this section. Regulations prescribed by the 
     Secretary of a military department under this section shall 
     be subject to the approval of the Secretary of Defense.''.
       (2) The table of section at the beginning of chapter 5 of 
     title 37, United States Code, as amended by section 109(a) of 
     this Act, is amended by inserting after the item relating to 
     section 301f the following new item:

``301g. Special pay: special warfare officers extending period of 
              active duty.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1999.

     SEC. 111. RETENTION BONUS FOR SURFACE WARFARE OFFICERS 
                   EXTENDING PERIODS OF ACTIVE DUTY.

       (a) Bonus Authorized.--(1) Chapter 5 of title 37, United 
     States Code, is amended by inserting after section 301g, as 
     added by section 110(a) of this Act, the following new 
     section:

     ``Sec. 301h. Special pay: surface warfare officers extending 
       period of active duty

       ``(a) Special Pay Authorized.--(1) A surface warfare 
     officer described in subsection (b) who executes a written 
     agreement described in paragraph (2) may, upon the acceptance 
     of the agreement by the Secretary of the Navy, be paid a 
     retention bonus as provided in this section.
       ``(2) An agreement referred to in paragraph (1) is an 
     agreement in which the officer concerned agrees--
       ``(A) to remain on active duty for at least two years and 
     through the tenth year of active commissioned service; and
       ``(B) to complete tours of duty to which the officer may be 
     ordered during the period covered by subparagraph (A) as a 
     department head afloat.
       ``(b) Covered Officers.--A surface warfare officer referred 
     to in subsection (a) is an officer of the Regular Navy or 
     Naval Reserve on active duty who--
       ``(1) is designated and serving as a surface warfare 
     officer;
       ``(2) is in pay grade O-3 at the time the officer applies 
     for an agreement under this section;
       ``(3) has been selected for assignment as a department head 
     on a surface ship;
       ``(4) has completed at least four, but not more than eight, 
     years of active commissioned service; and
       ``(5) has completed any service commitment incurred to be 
     commissioned as an officer.
       ``(c) Amount of Bonus.--The amount of a retention bonus 
     paid under this section may not be more than $15,000 for each 
     year covered by the written agreement.
       ``(d) Proration.--The term of an agreement under subsection 
     (a) and the amount of the bonus payable under subsection (c) 
     may be prorated as long as such agreement does not extend 
     beyond the date on which the officer making such agreement 
     would complete 10 years of active commissioned service.
       ``(e) Payment.--Upon acceptance of a written agreement 
     under subsection (a) by the Secretary of the Navy, the total 
     amount payable pursuant to the agreement becomes fixed and 
     may be paid--
       ``(1) in a lump sum equal to the amount of half the total 
     amount payable under the agreement at the time the agreement 
     is accepted by the Secretary followed by payments of equal 
     annual installments on the anniversary of the acceptance of 
     the agreement until the payment in full of the balance of the 
     amount that remains payable under the agreement after the 
     payment of the lump sum amount under this paragraph; or
       ``(2) in equal annual payments with the first payment being 
     payable at the time the agreement is accepted by the 
     Secretary and subsequent payments being payable on the 
     anniversaries of the acceptance of the agreement.
       ``(f) Additional Pay.--A retention bonus paid under this 
     section is in addition to any other pay and allowances to 
     which an officer is entitled.
       ``(g) Repayment.--(1) If an officer who has entered into a 
     written agreement under subsection (a) and has received all 
     or part of a retention bonus under this section fails to 
     complete the total period of active duty specified in the 
     agreement, the Secretary of the Navy may require the officer 
     to repay the United States, on a pro rata basis and to the 
     extent that the Secretary determines conditions and 
     circumstances warrant, all sums paid under this section.
       ``(2) An obligation to repay the United States imposed 
     under paragraph (1) is for all purposes a debt owned to the 
     United States.
       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the termination of a 
     written agreement entered into under subsection (a) does not 
     discharge the officer signing the agreement from a debt 
     arising under such agreement or under paragraph (1).
       ``(h) Regulations.--The Secretary of the Navy shall 
     prescribe regulations to carry out this section.''.
       (2) The table of sections at the beginning of chapter 5 of 
     title 37, United States Code, is amended by inserting after 
     the item relating to section 301g, as added by section 110(a) 
     of this Act, the following new item:

``301h. Special pay: surface warfare officers extending period of 
              active duty.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1999.
                                 ______
                                 

                         CRAPO AMENDMENT NO. 9

  Mr. CRAPO proposd an amendment to the bill, S. 4, supra; as follows:

       On page 39, between lines 8 and 9, insert the following:

     SEC. 204. REPEAL OF REDUCTION IN RETIRED PAY FOR CIVILIAN 
                   EMPLOYEES.

       (a) Repeal.--(1) Section 5532 of title 5, United States 
     Code, is repealed.
       (2) The chapter analysis at the beginning of chapter 55 of 
     such title is amended by striking out the item relating to 
     section 5532.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the first month that 
     begins after the date of the enactment of this Act.
                                 ______
                                 

              HUTCHINSON (AND WELLSTONE) AMENDMENT NO. 10

  (Ordered to lie on the table.)
  Mr. HUTCHINSON (for himself and Mr. Wellstone) submitted an amendment 
intended to be proposed by them to the bill, S. 4, supra, as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE REGARDING HUMAN RIGHTS SITUATION IN 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Findings.--The Senate makes the following findings:
       (1) The annual meeting of the United Nations Commission on 
     Human Rights in Geneva, Switzerland, provides a forum for 
     discussing human rights and expressing international support 
     for improved human rights performance.
       (2) According to the United States Department of State and 
     international human rights organizations, the Government of 
     the People's Republic of China continues to commit widespread 
     and well-documented human rights abuses in China and Tibet 
     and continues the coercive implementation of family planning 
     policies and the sale of human organs taken from executed 
     prisoners.
       (3) Such abuses stem from an intolerance of dissent and 
     fear of unrest on the part of authorities in the People's 
     Republic of China and from the absence or inadequacy of laws 
     in the People's Republic of China that protect basic 
     freedoms.
       (4) Such abuses violate internationally accepted norms of 
     conduct.
       (5) The People's Republic of China is bound by the 
     Universal Declaration of Human Rights and recently signed the 
     International Covenant on Civil and Political Rights, but has 
     yet to take the steps necessary to make the covenant legally 
     binding.
       (6) The President decided not to sponsor a resolution 
     criticizing the People's Republic of China at the United 
     Nations Human Rights Commission in 1998 in consideration of 
     commitments by the Government of the People's Republic of 
     China to sign the International Covenant on Civil and 
     Political Rights and based on a belief that progress on human 
     rights in the People's Republic of China could be achieved 
     through other means.
       (7) Authorities in the People's Republic of China have 
     recently escalated efforts to extinguish expressions of 
     protest or criticism and have detained scores of citizens 
     associated with attempts to organize a legal democratic 
     opposition, as well as religious leaders, writers, and others 
     who petitioned the authorities to release those arbitrarily 
     arrested.
       (8) These efforts underscore that the Government of the 
     People's Republic of China's has not retreated from its 
     longstanding pattern of human rights abuses, despite 
     expectations to the contrary following two summit meetings 
     between President Clinton and President Jiang in which 
     assurances were made regarding improvements in the human 
     rights record of the People's Republic of China.

[[Page S1828]]

       (b) Sense of Senate.--It is the sense of the Senate that, 
     at the 55th Session of the United Nations Human Rights 
     Commission in Geneva, Switzerland, the United States should 
     introduce and make all efforts necessary to pass a resolution 
     criticizing the People's Republic of China for its human 
     rights abuses in China and Tibet.
                                 ______
                                 

                         ENZI AMENDMENT NO. 11

  (Ordered to lie on the table.)
  Mr. ENZI submitted an amendment intended to be proposed by him to the 
bill, S. 4, supra; as follows:

       At the end of title I, add the following:

     SEC. 104. INCREASED TUITION ASSISTANCE FOR MEMBERS OF THE 
                   ARMED FORCES DEPLOYED IN SUPPORT OF A 
                   CONTINGENCY OPERATION OR SIMILAR OPERATION.

       (a) Inapplicability of Limitation on Amount.--Section 
     2007(a) of title 10, United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) in the case of a member deployed outside the United 
     States in support of a contingency operation or similar 
     operation, all of the charges may be paid while the member is 
     so deployed.''.
       (b) Increased Authority Subject to Appropriations.--The 
     authority to pay additional tuition assistance under 
     paragraph (4) of section 2007(a) of title 10, United States 
     Code, as added by subsection (a), may be exercised only to 
     the extent provided for in appropriations Acts.
                                 ______
                                 

              JEFFORDS (AND OTHERS) AMENDMENTS NOS. 12-14

  (Ordered to lie on the table.)
  Mr. JEFFORDS (for himself, Mr. Bingaman, Mr. Cleland, and Ms. 
Landrieu) submitted three amendments intended to be proposed by them to 
the bill, S. 4, supra; as follows:

                            Amendment No. 12

       On page 46, strike lines 6 through 8 and insert the 
     following:

                  TITLE IV--OTHER EDUCATIONAL BENEFITS

     SEC. 401. ACCELERATED PAYMENTS OF CERTAIN EDUCATIONAL 
                   ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE.

       Section 16131 of title 10, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(j)(1) Whenever a person entitled to an educational 
     assistance allowance under this chapter so requests and the 
     Secretary concerned, in consultation with the Chief of the 
     reserve component concerned, determines it appropriate, the 
     Secretary may make payments of the educational assistance 
     allowance to the person on an accelerated basis.
       ``(2) An educational assistance allowance shall be paid to 
     a person on an accelerated basis under this subsection as 
     follows:
       ``(A) In the case of an allowance for a course leading to a 
     standard college degree, at the beginning of the quarter, 
     semester, or term of the course in a lump-sum amount 
     equivalent to the aggregate amount of monthly allowance 
     otherwise payable under this chapter for the quarter, 
     semester, or term, as the case may be, of the course.
       ``(B) In the case of an allowance for a course other than a 
     course referred to in subparagraph (A)--
       ``(i) at the later of (I) the beginning of the course, or 
     (II) a reasonable time after the Secretary concerned receives 
     the person's request for payment on an accelerated basis; and
       ``(ii) in any amount requested by the person up to the 
     aggregate amount of monthly allowance otherwise payable under 
     this chapter for the period of the course.
       ``(3) If an adjustment in the monthly rate of educational 
     assistance allowances will be made under subsection (b)(2) 
     during a period for which a payment of the allowance is made 
     to a person on an accelerated basis, the Secretary concerned 
     shall--
       ``(A) pay on an accelerated basis the amount of the 
     allowance otherwise payable for the period without regard to 
     the adjustment under that subsection; and
       ``(B) pay on the date of the adjustment any additional 
     amount of the allowance that is payable for the period as a 
     result of the adjustment.
       ``(4) A person's entitlement to an educational assistance 
     allowance under this chapter shall be charged at a rate equal 
     to one month for each month of the period covered by an 
     accelerated payment of the allowance to the person under this 
     subsection.
       ``(5) The regulations prescribed by the Secretary of 
     Defense and the Secretary of Transportation under subsection 
     (a) shall provide for the payment of an educational 
     assistance allowance on an accelerated basis under this 
     subsection. The regulations shall specify the circumstances 
     under which accelerated payments may be made and the manner 
     of the delivery, receipt, and use of the allowance so paid
       ``(6) In this subsection, the term `Chief of the reserve 
     component concerned' means the following:
       ``(A) The Chief of the Army Reserve, with respect to 
     members of the Army Reserve.
       ``(B) the Chief of Naval Reserve, with respect to members 
     of the Naval Reserve.
       ``(C) The Chief of the Air Force Reserve, with respect to 
     members of the Air Force Reserve.
       ``(D) The Commander, Marine Reserve Forces, with respect to 
     members of the Marine Corps Reserve.
       ``(E) The Chief of the National Guard Bureau, with respect 
     to members of the Army National Guard and the Air National 
     Guard.
       ``(F) The Commandant of the Coast Guard, with respect to 
     members of the Coast Guard Reserve.''.

                            TITLE V--REPORT

     SEC. 501. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON 
                   RECRUITMENT AND RETENTION.
                                  ____


                            Amendment No. 13

       On page 46, strike lines 6 through 8 and insert the 
     following:

                  TITLE IV--OTHER EDUCATIONAL BENEFITS

     SEC. 401. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF 
                   THE SELECTED RESERVE OF ENTITLEMENT TO CERTAIN 
                   EDUCATIONAL ASSISTANCE.

       Section 16133(b) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(5)(A) In the case of a person who continues to serve as 
     member of the Selected Reserve as of the end of the 10-year 
     period applicable to the person under subsection (a), as 
     extended, if at all, under paragraph (4), the period during 
     which the person may use the person's entitlement shall 
     expire at the end of the 5-year period beginning on the date 
     the person is separated from the Selected Reserve.
       ``(B) The provisions of paragraph (4) shall apply with 
     respect to any period of active duty of a person referred to 
     in subparagraph (A) during the 5-year period referred to in 
     that subparagraph.''.

                            TITLE V--REPORT

     SEC. 501. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON 
                   RECRUITMENT AND RETENTION.
                                  ____


                            Amendment No. 14

       On page 46, strike lines 6 through 8 and insert the 
     following:

                  TITLE IV--OTHER EDUCATIONAL BENEFITS

     SEC. 401. TRANSFER OF ENTITLEMENT TO CERTAIN EDUCATIONAL 
                   ASSISTANCE BY MEMBERS OF THE SELECTED RESERVE.

       (a) Authority To Transfer.--Chapter 1606 of title 10, 
     United States Code, is amended by inserting after section 
     16133 the following new section:

     ``Sec. 16133a. Transfer of entitlement

       ``(a) The Secretary concerned, in consultation with the 
     Chief of the reserve component and in the Secretary's sole 
     discretion, may, for purposes of enhancing recruiting and 
     retention, permit a person entitled to educational assistance 
     under this chapter to transfer the person's entitlement to 
     such assistance, in whole or in part, to the individuals 
     specified in subsection (b).
       ``(b) A person's entitlement to educational assistance may 
     be transferred when authorized under subsection (a) as 
     follows:
       ``(1) To the person's spouse.
       ``(2) To one or more of the person's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(c)(1) A person electing to transfer an entitlement to 
     educational assistance under this section shall--
       ``(A) designate the person or persons to whom the 
     entitlement is being transferred and the percentage of the 
     entitlement to be transferred to each such person; and
       ``(B) specify the period for which the transfer shall be 
     effective for each person so designated.
       ``(2) The aggregate amount of the entitlement transferable 
     by a person under this section may not exceed the aggregate 
     amount of the person's entitlement to educational assistance 
     under this chapter.
       ``(3) A person electing to transfer an entitlement under 
     this section may modify or revoke the transfer at any time 
     before the use of the transferred entitlement. A person shall 
     elect to modify or revoke a transfer by submitting written 
     notice submitted to the Secretary concerned.
       ``(d)(1) The use of any entitlement transferred under this 
     section shall be charged against the entitlement of the 
     person making the transfer at the rate of one month for each 
     month of transferred entitlement that is used.
       ``(2) Except as specified under subsection (c)(1)(B) and 
     subject to paragraph (3), a person to whom entitlement is 
     transferred under this section is entitled to educational 
     assistance under this chapter in the same manner and at the 
     same rate as the person from whom the entitlement was 
     transferred.
       ``(3) A child shall complete the use of any entitlement 
     transferred to the child under this section before the child 
     attains the age of 26 years.
       ``(e) For purposes of section 3685 of title 38 (as made 
     applicable under section 16136 of this title), a person to 
     whom entitlement is transferred under this section and the 
     person making the transfer shall be jointly and severally 
     liable to the United States for the amount of any overpayment 
     of educational assistance under this chapter.
       ``(f) The regulations prescribed by the Secretary of 
     Defense and the Secretary of

[[Page S1829]]

     Transportation under section 16131(a) of this title shall 
     provide for the administration of this section. The 
     regulations shall specify the manner and effect of an 
     election to modify or revoke a transfer of entitlement under 
     subsection (c)(3).
       ``(g) In this section:
       ``(1) The term `child' shall have the meaning given that 
     term in section 101(4) of title 38.
       ``(2) The term `Chief of the reserve component concerned' 
     means the following:
       ``(A) The Chief of the Army Reserve, with respect to 
     members of the Army Reserve.
       ``(B) the Chief of Naval Reserve, with respect to members 
     of the Naval Reserve.
       ``(C) The Chief of the Air Force Reserve, with respect to 
     members of the Air Force Reserve.
       ``(D) The Commander, Marine Reserve Forces, with respect to 
     members of the Marine Corps Reserve.
       ``(E) The Chief of the National Guard Bureau, with respect 
     to members of the Army National Guard and the Air National 
     Guard.
       ``(F) The Commandant of the Coast Guard, with respect to 
     members of the Coast Guard Reserve.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1606 of that title is amended by 
     inserting after the item relating to section 16133 the 
     following new item:

``16133a. Transfer of entitlement.''.

                            TITLE V--REPORT

     SEC. 501. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON 
                   RECRUITMENT AND RETENTION.

                                 ______
                                 

                   ROBB (AND OTHERS) AMENDMENT NO. 15

  Mr. ROBB (for himself, Mr. McCain, and Mr. Bingaman) proposed an 
amendment to the bill, S. 4, supra; as follows:

       On page 28, between lines 8 and 9, insert the following:

     SEC. 104. AVIATION CAREER OFFICER SPECIAL PAY.

       (a) Period of Authority.--Subsection (a) of section 301b of 
     title 37, United States Code, is amended--
       (1) by inserting ``(1)'' after ``Authorized.--'';
       (2) by striking ``during the period beginning on January 1, 
     1989, and ending on December 31, 1999,'' and inserting 
     ``during the period described in paragraph (2),''; and
       (2) adding at the end the following:
       ``(2) Paragraph (1) applies with respect to agreements 
     executed during the period beginning on the first day of the 
     first month that begins on or after the date of the enactment 
     of the Soldiers', Sailors', Airmen's, and Marines' Bill of 
     Rights Act of 1999 and ending on December 31, 2004.''.
       (b) Repeal of Limitation to Certain Years of Career 
     Aviation Service.--Subsection (b) of such section is 
     amended--
       (1) by striking paragraph (5);
       (2) by inserting ``and'' at the end of paragraph (4); and
       (4) by redesignating paragraph (6) as paragraph (5).
       (c) Repeal of Lower Alternative Amount for Agreement To 
     Serve for 3 or Fewer Years.--Subsection (c) of such section 
     is amended by striking ``than--'' and all that follows and 
     inserting ``than $25,000 for each year covered by the written 
     agreement to remain on active duty.''.
       (d) Proration Authority for Coverage of Increased Period of 
     Eligibility.--Subsection (d) of such section is amended by 
     striking ``14 years of commissioned service'' and inserting 
     ``25 years of aviation service''.
       (e) Terminology.--Such section is further amended--
       (1) in subsection (f), by striking ``A retention bonus'' 
     and inserting ``Any amount''; and
       (2) in subsection (i)(1), by striking ``retention bonuses'' 
     in the first sentence and inserting ``special pay under this 
     section''.
       (f) Repeal of Content Requirements for Annual Report.--
     Subsection (i)(1) of such section is further amended by 
     striking the second sentence.
       (g) Technical Amendment.--Subsection (g)(3) of such section 
     if amended by striking the second sentence.
       (h) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month that begins on or after the date of the enactment 
     of this Act.
                                 ______
                                 

                WELLSTONE (AND MURRAY) AMENDMENT NO. 16

  Mr. WELLSTONE (for himself and Mrs. Murray) proposed an amendment to 
the bill, S. 4, supra; as follows:

       On page 46, after line 16, add the following:

     SEC. 402. REPORT AND REGULATIONS ON DEPARTMENT OF DEFENSE 
                   POLICIES ON PROTECTING THE CONFIDENTIALITY OF 
                   COMMUNICATIONS WITH PROFESSIONALS PROVIDING 
                   THERAPEUTIC OR RELATED SERVICES REGARDING 
                   SEXUAL OR DOMESTIC ABUSE.

       (a) Requirement for Study.--(1) The Comptroller General 
     shall study the policies, procedures, and practices of the 
     military departments for protecting the confidentiality of 
     communications between--
       (A) a dependent of a member of the Armed Forces who--
       (i) is a victim of sexual harassment, sexual assault, or 
     intrafamily abuse; or
       (ii) has engaged in such misconduct; and
       (B) a therapist, counselor, advocate, or other professional 
     from whom the dependent seeks professional services in 
     connection with effects of such misconduct.
       (2) The Comptroller General shall conclude the study and 
     submit to the Secretary of Defense a report on the results of 
     the study within such period as is necessary to enable the 
     Secretary to satisfy the reporting requirement under 
     subsection (d).
       (b) Regulations.--The Secretary of Defense shall prescribe 
     in regulations the policies and procedures that the Secretary 
     considers necessary to provide the [maximum] possible 
     protections for the confidentiality of communications 
     described in subsection (a) relating to misconduct described 
     in that subsection, consistent with--
       (1) the findings of the Comptroller General;
       (2) the standards of confidentiality and ethical standards 
     issued by relevant professional organizations;
       (3) applicable requirements of Federal and State law;
       (4) the best interest of victims of sexual harassment, 
     sexual assault, or intrafamily abuse; and
       (5) such other factors as the Secretary, in consultation 
     with the Attorney General, may consider appropriate.
                                 ______
                                 

                 HARKIN (AND BINGAMAN) AMENDMENT NO. 17

  (Ordered to lie on the table.)
  Mr. HARKIN (for himself and Mr. Bingaman) submitted an amendment 
intended to be proposed by them to the bill, S. 4, supra; as follows:

       On page 25, strike lines 10 through 15, and insert the 
     following:
     (b)(1), the Secretary concerned shall pay the member a 
     special subsistence allowance for each month for which the 
     member is eligible to receive food stamp assistance, as 
     determined by the Secretary.
       ``(b) Covered Members.--(1) A member referred to subsection 
     (a) is an enlisted member in pay grade E-5 or below.
       ``(2) For the purposes of this section, a member shall be 
     considered as being eligible to receive food stamp assistance 
     if the household of the member meets the income standards of 
     eligibility established under section 5(c)(2) of the Food 
     Stamp Act of 1977 (7 U.S.C. 2014(c)(2)), not taking into 
     account the special subsistence allowance that may be payable 
     to the member under this section and any allowance that is 
     payable to the member under section 403 or 404a of this 
     title.
       On page 28, between lines 8 and 9, insert the following:

     SEC. 104. IMPLEMENTATION OF THE SPECIAL SUPPLEMENTAL 
                   NUTRITION PROGRAM.

       (a) Clarification of Benefits Responsibility.--Subsection 
     (a) of section 1060a of title 10, United States Code, is 
     amended by striking ``may carry out a program to provide 
     special supplemental food benefits'' and inserting ``shall 
     carry out a program to provide supplemental foods and 
     nutrition education''.
       (b) Relationship to WIC Program.--Subsection (b) of such 
     section is amended to read as follows:
       ``(b) Federal Payments.--The Secretary of Defense shall use 
     funds available for the Department of Defense to provide 
     supplemental foods and nutrition education and to pay for 
     costs for nutrition services and administration under the 
     program.''.
       (c) Program Administration.--Subsection (c)(1)(A) of such 
     section is amended by adding at the end the following: ``In 
     the determining of eligibility for the program benefits, a 
     person already certified for participation in the special 
     supplemental nutrition program for women, infants, and 
     children under section 17 of the Child Nutrition Act of 1996 
     (42 U.S.C. 1786) shall be considered eligible for the 
     duration of the certification period under that program.''.
       (d) Nutritional Risk Standards.--Subsection (c)(1)(B) of 
     such section is amended by inserting ``and nutritional risk 
     standards'' after ``income eligibility standards''.
       (e) Definitions.--Subsection (f) of such section is amended 
     by adding at the end the following:
       ``(4) The terms `costs for nutrition services and 
     administration', `nutrition education' and `supplemental 
     foods' have the meanings given the terms in paragraphs (4), 
     (7), and (14), respectively, of section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).''.
       (f) Report.--Not later than March 1, 2001, the Secretary of 
     Defense, in consultation with the Secretary of Agriculture, 
     shall submit to Congress a report on the implementation of 
     the special supplemental food program required under section 
     1060a of title 10, United States Code. The report shall 
     include a discussion of whether the amount required to be 
     provided by the Secretary of Agriculture for supplemental 
     foods under subsection (b) of that section is adequate for 
     the purpose and, if not, an estimate of the amount necessary 
     to provide supplemental foods under the program.
                                 ______
                                 

                HUTCHISON (AND OTHERS) AMENDMENT NO. 18

  Mrs. HUTCHISON (for herself, Mr. Edwards, Mr. Hagel, Mr. Helms, Mr. 
Fitzgerald, Mr. Coverdell, Mr. Johnson, Mr. Bingaman, Mr. Kennedy, Mr.

[[Page S1830]]

Santorum, and Mr. Sessions) proposed an amendment to the bill, S. 4, 
supra; as follows:

       On page 46, after line 16, add the following:
                         TITLE V--MISCELLANEOUS

     SEC. 501. IMPROVEMENT OF TRICARE PROGRAM.

       (a) Improvement of TRICARE Program.--(1) Chapter 55 of 
     title 10, United States Code, is amended by inserting after 
     section 1097a the following new section:

     ``Sec. 1097b. TRICARE: comparability of benefits with 
       benefits under Federal Employees Health Benefits program; 
       other requirements and authorities

       ``(a) Comparability of Benefits.--The Secretary of Defense 
     shall, to the maximum extent practicable, ensure that the 
     health care coverage available through the TRICARE program is 
     substantially similar to the health care coverage available 
     under similar health benefits plans offered under the Federal 
     Employees Health Benefits program established under chapter 
     89 of title 5.
       ``(b) Portability of Benefits.--The Secretary of Defense 
     shall provide that any covered beneficiary enrolled in the 
     TRICARE program may receive benefits under that program at 
     facilities that provide benefits under that program 
     throughout the various regions of that program.
       ``(c) Patient Management.--(1) The Secretary of Defense 
     shall, to the maximum extent practicable, minimize the 
     authorization or certification requirements imposed upon 
     covered beneficiaries under the TRICARE program as a 
     condition of access to benefits under that program.
       ``(2) The Secretary of Defense shall, to the maximum extent 
     practicable, utilize practices for processing claims under 
     the TRICARE program that are similar to the best industry 
     practices for processing claims for health care services in a 
     simplified and expedited manner. To the maximum extent 
     practicable, such practices shall include electronic 
     processing of claims.
       ``(d) Reimbursement of Health Care Providers.--(1) Subject 
     to paragraph (2), the Secretary of Defense may increase the 
     reimbursement provided to health care providers under the 
     TRICARE program above the reimbursement otherwise authorized 
     such providers under that program if the Secretary determines 
     that such increase is necessary in order to ensure the 
     availability of an adequate number of qualified health care 
     providers under that program.
       ``(2) The amount of reimbursement provided under paragraph 
     (1) with respect to a health care service may not exceed the 
     lesser of--
       ``(A) the amount equal to the local usual and customary 
     charge for the service in the service area (as determined by 
     the Secretary) in which the service is provided; or
       ``(B) the amount equal to 115 per cent of the CHAMPUS 
     maximum allowable charge for the service.
       ``(e) Authority for Certain Third-Party Collections.--(1) A 
     medical treatment facility of the uniformed services under 
     the TRICARE program may collect from a third-party payer the 
     reasonable charges for health care services described in 
     paragraph (2) that are incurred by the facility on behalf of 
     a covered beneficiary under that program to the extent that 
     the beneficiary would be eligible to receive reimbursement or 
     indemnification from the third-party payer if the beneficiary 
     were to incur such charges on the beneficiary's own behalf.
       ``(2) The reasonable charges described in this paragraph 
     are reasonable charges for services or care covered by the 
     medicare program under title XVIII of the Social Security 
     Act.
       ``(3) The collection of charges, and the utilization of 
     amounts collected, under this subsection shall be subject to 
     the provisions of section 1095 of this title. The term 
     `reasonable costs', as used in that section shall be deemed 
     for purposes of the application of that section to this 
     subsection to refer to the reasonable charges described in 
     paragraph (2).
       ``(f) Consultation.--The Secretary of Defense shall carry 
     out any actions under this section after consultation with 
     the other administering Secretaries.''.
       (2) The table of sections at the beginning of chapter 55 of 
     such title is amended by inserting after the item relating to 
     section 1097a the following new item:

``1097b. TRICARE: comparability of benefits with benefits under Federal 
              Employees Health Benefits program; other requirements and 
              authorities.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect one year after the date of the enactment of 
     this Act.
       (c) Report on Implementation.--(1) Not later than 6 months 
     after the date of the enactment of this Act, the Secretary of 
     Defense, in consultation with the other administering 
     Secretaries, shall submit to Congress a report assessing the 
     effects of the implementation of the requirements and 
     authorities set forth in section 1097b of title 10, United 
     States Code (as added by subsection (a)).
       (2) The report shall include the following:
       (A) An assessment of the cost of the implementation of such 
     requirements and authorities.
       (B) An assessment whether or not the implementation of any 
     such requirements and authorities will result in the 
     utilization by the TRICARE program of the best industry 
     practices with respect to the matters covered by such 
     requirements and authorities.
       (3) In this subsection, the term ``administering 
     Secretaries'' has the meaning given that term in section 
     1072(3) of title 10, United States Code.
       (d) Inapplicability of Reporting Requirements.--The reports 
     required by section 401 shall not address the amendments made 
     by subsection (a).
                                 ______
                                 

                 SARBANES (AND OTHERS) AMENDMENT NO. 19

  Mr. SARBANES (for himself, Mr. Warner, Mr. Robb, and Ms. Mikulski) 
proposed an amendment to the bill, S. 4, supra; as follows:

       On page 28, between lines 8 and 9, insert the following:

     SEC. 104. SENSE OF CONGRESS REGARDING PARITY BETWEEN 
                   ADJUSTMENTS IN MILITARY AND CIVIL SERVICE PAY.

       (a) Findings.--Congress makes the following findings:
       (1) Members of the uniformed services of the United States 
     and civilian employees of the United States make significant 
     contributions to the general welfare of the United States.
       (2) Increases in the levels of pay of members of the 
     uniformed services and of civilian employees of the United 
     States have not kept pace with increases in the overall 
     levels of pay of workers in the private sector so that there 
     is now up to a 30 percent gap between the compensation levels 
     of Federal civilian employees and the compensation levels of 
     private sector workers and a 9 to 14 percent gap between the 
     compensation levels of members of the uniformed services and 
     the compensation levels of private sector workers.
       (3) In almost every year of the past two decades, there 
     have been equal adjustments in the compensation of members of 
     the uniformed services and the compensation of civilian 
     employees of the United States.
       (b) Sense of Congress.--It is the sense of Congress that 
     there should continue to be parity between the adjustments in 
     the compensation of members of the uniformed services and the 
     adjustments in the compensation of civilian employees of the 
     United States.

                          ____________________