II

105TH CONGRESS

2D SESSION S. 1812

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 SENATE OF THE UNITED STATES

MARCH 23, 1998

Mr. THURMOND (for himself and Mr. LEVIN) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 1999’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

TITLE I—PROCUREMENT
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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.
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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.
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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-Prote ́ge ́ 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.
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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 Nonexcess 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.
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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.

1 TITLE I—PROCUREMENT

2 Subtitle A—Authorization of

3 Appropriations

4 SEC. 101. ARMY.

5 Funds are hereby authorized to be appropriated for

6 fiscal year 1999 for procurement for the Army as follows:

7 (1) For aircraft, $1,325,943,000.

8 (2) For missiles, $1,205,768,000.
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1 (3) For weapons and tracked combat vehicles,

2 $1,433,608,000.

3 (4) For ammunition, $1,008,855,000.

4 (5) For other procurement, $3,198,811,000.

5 SEC. 102. NAVY AND MARINE CORPS.

6 (a) NAVY.—Funds are hereby authorized to be ap7 propriated for fiscal year 1999 for procurement for the

8 Navy as follows:

9 (1) For aircraft, $7,466,734,000.

10 (2) For weapons, including missiles and tor11 pedoes, $1,327,545,000.

12 (3) For shipbuilding and conversion,

13 $6,252,672,000.

14 (4) For procurement of ammunition for the

15 Navy and the Marine Corps, $429,539,000.

16 (5) For other procurement, $3,937,737,000.

17 (b) MARINE CORPS.—Funds are hereby authorized to

18 be appropriated for fiscal year 1999 for procurement for

19 the Marine Corps in the amount of $745,858,000.

20 SEC. 103. AIR FORCE.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1999 for procurement for the Air Force as fol23 lows:

24 (1) For aircraft, $7,756,475,000.

25 (2) For missiles, $2,359,803,000.
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1 (3) For procurement of ammunition,

2 $384,161,000.

3 (4) For other procurement, $6,974,387,000.

4 SEC. 104. DEFENSE-WIDE ACTIVITIES.

5 Funds are hereby authorized to be appropriated for

6 fiscal year 1999 for defense-wide procurement in the

7 amount of $2,041,650,000.

8 SEC. 105. DEFENSE INSPECTOR GENERAL.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1999 for procurement for the Defense Inspec11 tor General in the amount of $1,300,000.

12 SEC. 106. DEFENSE HEALTH PROGRAMS.

13 Funds are hereby authorized to be appropriated for

14 fiscal year 1999 for the Department of Defense for pro15 curement for carrying out health care programs, projects,

16 and activities of the Department of Defense in the total

17 amount of $402,387,000.

18 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

19 There is hereby authorized to be appropriated for fis20 cal year 1999 in the amount of $855,100,000 for—

21 (1) the destruction of lethal chemical weapons

22 in accordance with section 1412 of the Department

23 of Defense Authorization Act, 1986 (50 U.S.C.

24 1521); and
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1 (2) the destruction of chemical warfare material

2 of the United States that is not covered by section

3 1412 of such Act.

4 Subtitle B—Multi-Year Contract

5 Authorizations

6 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

7 Multi-year contracts may be entered into in accord8 ance with section 2306 of title 10, United States Code,

9 as follows:

10 (1) For the Army:

11 (A) Medium Tactical Vehicle Replacement

12 (MTVR) vehicle; and

13 (B) Longbow Hellfire Missile.

14 (2) For the Navy:

15 (A) AV–8B aircraft;

16 (B) E–2C aircraft; and

17 (C) T–45 aircraft.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201 AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1999 for the use of the Armed Forces for re9 search, development, test, and evaluation, as follows:

10 (1) For the Army, $4,780,545,000.

11 (2) For the Navy, $8,108,923,000.

12 (3) For the Air Force, $13,598,093,000.

13 (4) For Defense-wide research, development,

14 test, and evaluation, $9,591,016,000 of which—

15 (A) $251,106,000 is authorized for the ac16 tivities of the Director, Test and Evaluation;

17 and

18 (B) $25,245,000 is authorized for the Di19 rector of Operational Test and Evaluation.

20 Subtitle B—Other Matters

21 SEC. 211. LOW-RATE INITIAL PRODUCTION OF WEAPONS

22 SYSTEMS.

23 Section 2400(b) of title 10, United States Code is

24 amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (2); and

3 (2) by striking the period at the end of para4 graph (3) and inserting in lieu thereof a semi-colon;

5 and

6 (3) by adding at the end the following new

7 paragraphs (4) and (5):

8 ‘‘(4) to establish an initial training base for a

9 system and permit long-lead training to occur which

10 is essential for efficient fielding of the system; and

11 ‘‘(5) to field a limited number of systems to

12 meet an urgent operational requirement of a unified

13 or specified commander.’’.

14 SEC. 212. EXTENSION OF AUTHORITY TO PERMIT THE USE

15 OF TEST AND EVALUATION INSTALLATIONS

16 BY COMMERCIAL ENTITIES.

17 Section 2681(g) of title 10, United States Code, is

18 amended by striking ‘‘September 30, 1998’’ and inserting

19 in lieu thereof ‘‘September 30, 2003’’.

20 SEC. 213. TECHNICAL CORRECTION CONCERNING INFOR21 MATION DISCLOSURE.

22 Subsection (i) of section 2371(i) of title 10, United

23 States Code, as added by section 832 of the National De24 fense Authorization Act for Fiscal Year 1998 (Public Law

25 105–85; 111 Stat. 1841), is amended in subparagraph
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1 (2)(A) by striking ‘‘cooperative agreement that includes

2 a clause described in subsection (d)’’ and inserting in lieu

3 thereof ‘‘cooperative agreement for basic, applied, or ad4 vanced research’’.

5 TITLE III—OPERATION AND

6 MAINTENANCE

7 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

8 Funds are hereby authorized to be appropriated for

9 fiscal year 1999 for the use of the Armed Forces of the

10 United States and other activities and agencies of the De11 partment of Defense, for expenses, not otherwise provided

12 for, for operation and maintenance, in amounts as follows:

13 (1) For the Army, $17,273,063,000.

14 (2) For the Navy, $21,927,202,000.

15 (3) For the Marine Corps, $2,523,703,000.

16 (4) For the Air Force, $19,177,004,000.

17 (5) For the Defense-wide activities,

18 $10,750,701,000.

19 (6) For the Army Reserve, $1,202,622,000.

20 (7) For the Naval Reserve, $928,639,000.

21 (8) For the Marine Corps Reserve,

22 $114,593,000.

23 (9) For the Air Force Reserve, $1,744,696,000.

24 (10) For the Army National Guard,

25 $2,436,815,000.
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1 (11) For the Air National Guard,

2 $3,093,933,000.

3 (12) For the Defense Inspector General,

4 $130,764,000.

5 (13) For the United States Court of Appeals

6 for the Armed Forces, $7,324,000.

7 (14) For Environmental Restoration, Army,

8 $377,640,000.

9 (15) For Environmental Restoration, Navy,

10 $281,600,000.

11 (16) For Environmental Restoration, Air Force,

12 $379,100,000.

13 (17) For Environmental Restoration, Defense14 wide, $26,091,000.

15 (18) For Environmental Restoration, Formerly

16 Used Defense Sites, $195,000,000.

17 (19) For Overseas Humanitarian, Disaster, and

18 Civic Aid programs, $63,311,000.

19 (20) For Drug Interdiction and Counter-drug

20 Activities, Defense-wide, $727,582,000.

21 (21) For the Kaho’olawe Island Conveyance,

22 Remediation, and Environmental Restoration Trust

23 Fund, $15,000,000.

24 (22) For Medical Programs, Defense,

25 $9,653,435,000.
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1 (23) For Cooperative Threat Reduction pro2 grams, $442,400,000.

3 (24) For Overseas Contingency Operations

4 Transfer Fund, $746,900,000.

5 SEC. 302. WORKING CAPITAL FUNDS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1999 for the use of the Armed Forces of the

8 United States and other activities and agencies of the De9 partment of Defense for providing capital for working cap10 ital and revolving funds in amounts as follows:

11 (1) For the Defense Working Capital Funds,

12 $94,500,000.

13 (2) For the National Defense Sealift Fund,

14 $418,166,000.

15 SEC. 303. ARMED FORCES RETIREMENT HOME.

16 There is hereby authorized to be appropriated for fis17 cal year 1999 from the Armed Forces Retirement Home

18 Trust Fund the sum of $70,745,000 for the operation of

19 the Armed Forces Retirement Home, including the United

20 States Soldiers’ and Airmen’s Home and the Naval Home.

21 SEC. 304. FISHER HOUSE TRUST FUNDS.

22 There are hereby authorized to be appropriated for

23 fiscal year 1999 such amounts which are available from

24 earnings or gains in the applicable Fisher House trust

25 fund established under section 2221(a) of title 10, United
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1 States Code, for the operation of the Fisher Houses ad2 ministered by the Departments of the Army, the Navy,

3 and the Air Force which are located in proximity to medi4 cal treatment facilities of each such department.

5 SEC. 305. TRANSFERS FROM THE NATIONAL DEFENSE

6 STOCKPILE TRANSACTION FUND.

7 (a) TRANSFER AUTHORITY.—To the extend provided

8 in appropriations Acts:

9 (1) Not more than $150,000,000 is authorized

10 to be transferred from the National Defense Stock11 pile Transaction Fund to operation and maintenance

12 accounts for fiscal year 1999 in amounts as follows:

13 (A) For the Army, $50,000,000.

14 (B) For the Navy, $50,000,000.

15 (C) For the Air Force, $50,000,000.

16 (2) Not more than $350,000,000 may be trans17 ferred to the Defense Working Capital Funds for the

18 purpose of reducing the outstanding balance of ad19 vance billings.

20 (b) TREATMENT OF TRANSFERS.—Amounts trans21 ferred under this section—

22 (1) shall be merged with, and be available for

23 the same purposes and the same period as, the

24 amounts in accounts to which transferred; and
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1 (2) may not be expended for an item that has

2 been denied authorization of appropriations by Con3 gress.

4 SEC. 306. PAYMENT OF STIPULATED PENALTIES ASSESSED

5 UNDER THE COMPREHENSIVE ENVIRON6 MENTAL RESPONSE COMPENSATION AND LI7 ABILITY ACT, OF 1980 IN CONNECTION WITH

8 MCCLELLAN AIR FORCE BASE, CALIFORNIA.

9 From the amounts in the Department of Defense

10 Base Closure Account 1990 established by section

11 2906(a)(1) of the Defense Base Closure and Realignment

12 Act of 1990 (part A of Title XXIX of Public Law 101–

13 510; 10 U.S.C. 2687 note), the Secretary of Defense may

14 expend not more than $15,000 to pay stipulated penalties

15 under the Comprehensive Environmental Response Com16 pensation and Liability Act (42 U.S.C. 9601 et seq.)

17 against McClellan Air Force Base, California.

18 TITLE IV—MILITARY

19 PERSONNEL AUTHORIZATIONS

20 Subtitle A—Active Forces

21 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

22 The Armed Forces are authorized strengths for active

23 duty personnel as of September 30, 1999, as follows:

24 (1) The Army, 480,000.

25 (2) The Navy, 372,696.
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1 (3) The Marine Corps, 172,200.

2 (4) The Air Force, 370,882.

3 SEC. 402. REPEAL OF MINIMUM END STRENGTH PROVI4 SIONS TO CONFORM END STRENGTH MAN5 AGEMENT PROVISIONS WITH THE BUDGET.

6 (a) IN GENERAL.—Section 691 of title 10, United

7 States Code, is repealed.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of chapter 39 of such title 10 is amended

10 by striking the item relating to section 691.

11 SEC. 403. ANNUAL MANPOWER REQUIREMENTS REPORT.

12 Section 115a(a) of title 10, United States Code, is

13 amended by striking out ‘‘not later than February 15 of

14 each fiscal year’’ and inserting in lieu thereof, ‘‘not later

15 than 90 days from the date on which the President’s budg16 et is presented to Congress’’.

17 SEC. 404. JOINT STAFF GENERAL OFFICER AND FLAG

18 STRUCTURE.

19 (a) EXEMPTIONS FROM HEADSPACE FOR NIMA DI20 RECTOR AND JOINT STAFF DIRECTOR.—Section

21 525(b)(4) of title 10, United States Code, is amended—

22 (1) in subparagraph (A) by striking ‘‘subpara23 graph (B)’’ and inserting in lieu thereof ‘‘subpara24 graphs (B) and (C)’’;
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1 (2) in subparagraph (B) by striking ‘‘six’’ and

2 inserting in lieu thereof ‘‘seven’’;

3 (3) by adding to the end the following new sub4 paragraph (C):

5 ‘‘(C) An officer while serving as the Direc6 tor, National Imagery and Mapping Agency in

7 the grade of lieutenant general or vice admiral

8 is in addition to the number that would other9 wise be permitted for his armed force for that

10 grade under paragraph (1) or (2).’’.

11 (b) MAKING PERMANENT ‘‘CHAIRMAN’S 12’’ EXEMP12 TION FROM JOINT DUTY REQUIREMENTS.—Section

13 526(b) of such title 10 is amended—

14 (1) by striking the designator ‘‘(1)’’ at the be15 ginning of the first sentence of the section; and

16 (2) by striking paragraph (2).

17 Subtitle B—Reserve Forces

18 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

19 (a) IN GENERAL.—The Armed Forces are authorized

20 strengths for Selected Reserve personnel of the reserve

21 components as of September 30, 1999, as follows:

22 (1) The Army National Guard of the United

23 States, 357,000.

24 (2) The Army Reserve, 208,000.

25 (3) The Naval Reserve, 90,843.
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1 (4) The Marine Corps Reserve, 40,018.

2 (5) The Air National Guard of the United

3 States, 106,991.

4 (6) The Air Force Reserve, 74,242.

5 (7) The Coast Guard Reserve, 8,000.

6 (b) WAIVER AUTHORITY.—The Secretary of Defense

7 may increase the end strength authorized by subsection

8 (a) by not more than 2 percent.

9 (c) ADJUSTMENTS.—The end strengths prescribed by

10 subsection (a) for the Selected Reserve of any reserve com11 ponent shall be reduced proportionately by—

12 (1) the total authorized strength of units orga13 nized to serve as units of the Selected Reserve of

14 such component which are on active duty (other

15 than for training) at the end of the fiscal year, and

16 (2) the total number of individual members not

17 in units organized to serve as units of the Selected

18 Reserve of such component who are on active duty

19 (other than for training or for unsatisfactory partici20 pation in training) without their consent at the end

21 of the fiscal year. Whenever such units or such indi22 vidual members are released from active duty during

23 any fiscal year, the end strength prescribed for such

24 fiscal year for the Selected Reserve of such reserve

25 component shall be increased proportionately by the
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1 total authorized strengths of such units and by the

2 total number of such individual members.

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

4 DUTY IN SUPPORT OF THE RESERVES.

5 Within the end strengths prescribed in section

6 411(a), the reserve components of the Armed Forces are

7 authorized, as of September 30, 1999, the following num8 ber of Reserves to be serving on full-time active duty or,

9 in the case of members of the National Guard, full-time

10 National Guard duty for the purpose of organizing, ad11 ministering, recruiting, instructing, or training the reserve

12 components:

13 (1) The Army National Guard of the United

14 States, 21,763.

15 (2) The Army Reserve, 11,804.

16 (3) The Naval Reserve, 15,590.

17 (4) The Marine Corps Reserve, 2,362.

18 (5) The National Guard of the United States,

19 10,930.

20 (6) The Air Force Reserve, 991.

21 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

22 (DUAL STATUS).

23 The Reserve Components of the Army and the Air

24 Force are authorized strengths for military technicians

25 (dual status) as of September 30, 1999, as follows:
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1 (1) For the Army Reserve, 5,205.

2 (2) For the Army National Guard of the United

3 States, 22,179.

4 (3) For the Air Force Reserves, 9,761.

5 (4) For the Air National Guard of the United

6 States, 22,408.

7 SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN

8 GRADES AUTHORIZED TO BE ON ACTIVE

9 DUTY IN SUPPORT OF THE RESERVES.

10 (a) OFFICERS.—The table in section 12022(a) of title

11 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air Force Marine

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’’

12 (b) SENIOR ENLISTED MEMBERS.—The table in sec13 tion 12012(a) of title 10, United States Code, is amended

14 to read as follows:

‘‘Grade Army Navy Air Force Marine

Corps

E–9 ......................................... 603 202 388 20

E–8 ......................................... 2,585 429 965 94’’
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1 SEC. 415. EXCLUDING CERTAIN RESERVE COMPONENT

2 MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR

3 MORE FROM ACTIVE COMPONENT END EX4 CLUDING CERTAIN RESERVE COMPONENT

5 MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR

6 MORE FROM ACTIVE COMPONENT END.

7 Section 115(d), title 10, United States Code, is

8 amended by adding a new subsection (9) as follows:

9 ‘‘(9) Members of reserve components on active

10 duty to perform special work in support of peacetime

11 requirements of the military services and combatant

12 commands for 181 days or more. The total number

13 of personnel included in this category shall not ex14 ceed two-tenths of one percent of the end strengths

15 authorized pursuant to subsection (a)(1).’’.

16 Subtitle C—Reserve Mobilization

17 Income Insurance Fund

18 SEC. 421. RESERVE MOBILIZATION INCOME INSURANCE

19 FUND.

20 Funds are hereby authorized to be appropriated for

21 the Reserve Mobilization Income Insurance Fund estab22 lished by section 12528 of title 10, United States Code,

23 in the amount of $37,000,000.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Active Forces

4 SEC. 501. PROMOTION POLICY OBJECTIVES FOR JOINT OF5 FICERS.

6 Section 662(a)(3) of title 10, United States Code, is

7 amended by striking ‘‘(other than officers covered in para8 graph (1) and (2))’’ and by inserting in lieu thereof ‘‘other

9 than to the Joint Staff’’.

10 SEC. 502. SELECTIVE EARLY RETIREMENT BOARDS OF RE11 SERVE GENERAL AND FLAG OFFICERS OF

12 THE NAVY AND MARINE CORPS: BOARD COM13 POSITION.

14 Section 14705(b) of title 10, United States Code, is

15 amended by revising subsection (b) to read as follows:

16 ‘‘(b) BOARDS.—If the Secretary of the Navy deter17 mines that consideration for early retirement under this

18 section is necessary, the Secretary shall convene a board

19 to recommend an appropriate number of officers for early

20 retirement.

21 ‘‘(1) In the case of a board to consider the early

22 retirement of officers in the grade of rear admiral

23 (lower half) in the Naval Reserve or brigadier gen24 eral in the Marine Corps Reserve, the Secretary
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1 shall convene a board under section 14101(b) of this

2 title.

3 ‘‘(2) In the case of a board to consider the early

4 retirement of officers in the grade of rear admiral in

5 the Naval Reserve or major general in the Marine

6 Corps Reserve, the Secretary shall convene a board

7 under section 14101(b) of this title except that the

8 Secretary may direct the composition of such a se9 lection board, notwithstanding section 14102(b),

10 provided each member of the selection board holds

11 a permanent grade higher than the grade of the offi12 cers under consideration by the board.’’.

13 SEC. 503. ACTIVE STATUS SERVICE REQUIREMENT FOR

14 PROMOTION CONSIDERATION FOR RESERVE

15 BRIGADIER GENERALS OF THE ARMY AND

16 AIR FORCE.

17 Subsection 14301(a) of title 10, United States Code,

18 is amended by—

19 (1) striking ‘‘and’’ at the end of paragraph (1).

20 (2) striking the period at the end of paragraph

21 (2) and inserting ‘‘; and’’ in lieu thereof.

22 (3) adding the following new paragraph (3):

23 ‘‘(3) Notwithstanding the requirement in para24 graphs (1) and (2), the Secretary of the Army or

25 Secretary of the Air Force may permit a Reserve
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1 component brigadier general to be considered for

2 promotion to major general by a promotion board

3 convened under section 14101(a) of this title if that

4 general officer has been on the inactive status list

5 for less than one year as of the date of the conven6 ing of the promotion board, and had continuously

7 served for at least one year on the reserve active sta8 tus list or the active duty list (or a combination of

9 both) immediately before transfer to the inactive sta10 tus list.’’.

11 SEC. 504. POSTHUMOUS COMMISSIONS AND WARRANTS.

12 Section 1521(a)(3) of title 10, United States Code,

13 is amended—

14 (1) by inserting ‘‘whether before or after the

15 member’s death’’ after ‘‘approved by the Secretary

16 concerned’’; and

17 (2) by inserting the following sentence at the

18 end:

19 Notwithstanding any other provision of law, if the

20 member dies prior to Secretarial approval, then the

21 date of the appointment will be as of the date of

22 death.’’.
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1 SEC. 505. EXCLUSION OF REGULAR CHIEF WARRANT OFFI2 CERS, W–4, FROM INVOLUNTARY RETIRE3 MENT FOR NON-SELECTION FOR PRO4 MOTION.

5 Section 580(a)(1) of title 10, United States Code, is

6 amended by inserting ‘‘other than a chief warrant officer,

7 W–4)’’ after ‘‘a regular chief warrant officer’’.

8 SEC. 506. CLARIFICATION OF SELECTION PROCEDURES

9 FOR THE JUDGE ADVOCATES GENERAL AND

10 THE ASSISTANT/DEPUTY JUDGE ADVOCATES

11 GENERAL OF THE MILITARY DEPARTMENTS.

12 (a) ARMY.—Section 3037(d) of title 10, United

13 States Code, is amended by adding at the end the follow14 ing new sentence: ‘‘The Secretary of the Army shall speci15 fy the number of officers, not fewer than three nor more

16 than five for each position to be filled, to be rec17 ommended.’’.

18 (b) NAVY.—(1) THE JUDGE ADVOCATE GENERAL.—

19 Section 5148(c) of such title 10 is amended by adding at

20 the end the following new sentence: ‘‘The Secretary of the

21 Navy shall specify the number of officers, not fewer than

22 three nor more than five for each position to be filled, to

23 be recommended.’’;

24 (2) THE DEPUTY JUDGE ADVOCATE GENERAL.—

25 Section 5149(a)(2) of such title 10 is amended by adding

26 at the end the following new sentence: ‘‘The Secretary of
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1 the Navy shall specify the number of officers, not fewer

2 than three nor more than five for each position to be filled,

3 to be recommended.’’; and

4 (3) THE STAFF JUDGE ADVOCATE TO THE COM5 MANDANT OF THE MARINE CORPS.—Section 5046(b) of

6 such title 10 is amended by adding at the end the follow7 ing new sentence: ‘‘The Secretary of the Navy shall specify

8 the number of officers not fewer than three nor more than

9 five for each position to be filled, to be recommended.’’.

10 (c) AIR FORCE.—Section 8037(e) of such title 10 is

11 amended by adding at the end the following new sentence:

12 ‘‘The Secretary of the Air Force shall specify the number

13 of officers, not fewer than three nor more than five for

14 each position to be filled, to be recommended.’’.

15 SEC. 507. TO ESTABLISH THE TERM OF OFFICE OF THE

16 CHIEF OF THE AIR FORCE NURSE CORPS AS

17 THREE YEARS.

18 (a) CHIEF OF NURSE CORPS TOUR.—Section

19 8069(b) of title 10, United States Code, is amended by

20 striking the last sentence and inserting in lieu thereof the

21 following new sentences: ‘‘The Chief serves for a term of

22 office normally of three years and which term may not

23 be for more than four years. The Chief serves at the pleas24 ure of the Secretary and may not be reappointed to the

25 same position.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 this section shall take effect on October 1, 1997.

3 SEC. 508. TIME IN GRADE REQUIREMENTS FOR RESERVE

4 GENERAL AND FLAG OFFICERS.

5 Section 1370(d)(3) of title 10, United States Code,

6 is amended by adding at the end the following new sub7 paragraph (F):

8 ‘‘(F) An officer covered by subparagraph

9 (A) who is serving in an officer grade above

10 colonel or captain (in the case of the Navy) and

11 who is involuntarily transferred from an active

12 status by the Secretary of the Military Depart13 ment concerned may be retired at the grade

14 held at the time of that involuntary transfer

15 provided that officer has completed at least six

16 months of satisfactory service in that grade,

17 notwithstanding the requirement contained in

18 subparagraph (A) for the officer to have served

19 satisfactorily in an active status in that grade

20 for not less than three years.’’.

21 SEC. 509. SEPARATION OF REGULAR OFFICERS FOR SUB22 STANDARD PERFORMANCE OF DUTY OR CER23 TAIN OTHER REASONS.

24 (a) ELIMINATION OF REQUIREMENT FOR A BOARD

25 OF REVIEW.—Section 1182(c) of title 10, United States
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1 Code, is amended by striking out ‘‘it shall send the record

2 of proceedings to a board of review convened under section

3 1183 of this title’’ and inserting in lieu thereof ‘‘it shall

4 report such determination to the Secretary concerned’’;

5 (b) REPEAL OF BOARD OF REVIEW FOR SUB6 STANDARD PERFORMANCE.—Section 1183 of such title is

7 repealed.

8 (c) CLERICAL AMENDMENT.—The table of sections

9 for chapter 60 of such title is amended by striking the

10 item relating to section 1183.

11 (d) CONFORMING AMENDMENT.—Section 1184 of

12 such title is amended by striking ‘‘board of review con13 vened under section 1183 of this title’’ and inserting in

14 lieu thereof ‘‘board of inquiry convened under section

15 1182 of this title’’.

16 (e) ELIMINATION OF 30-DAY NOTICE REQUIRE17 MENT.—Section 1185(a)(1) of such title is amended by

18 striking ‘‘, at least 30 days before the hearing of his case

19 by a board of inquiry,’’.

20 SEC. 510. SPECIAL SELECTION BOARD CONSIDERATION

21 FOR CERTAIN OFFICERS, RETIRED OFFICERS,

22 OR FORMER OFFICERS OF THE ARMED

23 FORCES.

24 (a) AMENDMENTS TO SECTION 628.—Section 628 of

25 title 10, United States Code, is amended—
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1 (1) in paragraph (a)(1)—

2 (A) by striking out ‘‘officer who is eligible

3 for promotion’’ inserting in lieu thereof ‘‘officer,

4 retired officer, or former officer’’; and

5 (B) by inserting ‘‘retired officer, or former

6 officer’’ after ‘‘determine whether such officer’’;

7 (2) in paragraph (a)(2) by inserting ‘‘retired of8 ficer, or former officer’’ after ‘‘record of the officer’’;

9 (3) in paragraph (a)(3) of such title is amended

10 by inserting ‘‘retired officer, or former officer’’ after

11 ‘‘officer’’ each place it appears.

12 (4) in paragraph (b)(1)—

13 (A) by striking out ‘‘officer who is eligible

14 for promotion’’ and inserting in lieu thereof

15 ‘‘officer, retired officer, or former officer’’;

16 (B) by inserting ‘‘retired officer, or former

17 officer’’ after ‘‘determine whether such officer’’;

18 and

19 (C) in subparagraph (A), by inserting ‘‘,

20 retired officer, or former officer’’ after ‘‘board

21 which considered the officer’’.

22 (5) in paragraph (b)(2) by inserting ‘‘retired of23 ficer, or former officer’’ after ‘‘record of the officer.’’
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1 (6) in paragraph (b)(3) by inserting ‘‘retired of2 ficer, or former officer’’ after ‘‘officer’’ the first

3 place it appears;

4 (7) in paragraph (c)(1) by inserting ‘‘retired of5 ficer, or former officer’’ after ‘‘officer’’ the first

6 place it appears; and

7 (8) in paragraph (d)(1) inserting ‘‘retired offi8 cer, or former officer’’ after ‘‘officer’’ the first place

9 it appears.

10 (b) EFFECTIVE DATE.—These amendments shall

11 take effect as of October 1, 1996.

12 Subtitle B—Reserve Forces

13 SEC. 511. ACTIVE GUARD AND RESERVE PERSONNEL IN

14 SUPPORT OF ACTIVE OR RESERVE COMPO15 NENT.

16 Section 12310 of title 10, United States Code, is

17 amended by adding the following new subsection:

18 ‘‘(c) Notwithstanding the definition of active guard

19 and reserve duty in section 101(d)(6)(A) of this title, a

20 Secretary concerned, after consultation with the Chief of

21 the Reserve component concerned, may order a member

22 of a reserve component under his or her jurisdiction, as

23 described in subsection (a), to perform a function in sup24 port of either the active or Reserve components of the

25 armed forces, and Defense Agencies. No more than one
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1 half of one percent of the authorized strength for reserves

2 on active duty under subsection (a) may be assigned to

3 duties other than those described in subsection (a).’’.

4 SEC. 512. CORRECTION OF AMENDMENT TO RESERVE OFFI5 CER MANAGEMENT ACT PROVISION.

6 Section 1370(d)(3)(E) of title 10, United States

7 Code, is amended to read as follows:

8 ‘‘(E) To the extent authorized by the Sec9 retary of the military department concerned, a

10 person who, after having been found qualified

11 by a board under section 307 of title 32 for

12 Federal recognition in a higher grade and hav13 ing served in a position for which that grade is

14 the minimum authorized grade, may be credited

15 for the purposes of subparagraph (A) as having

16 served in that grade for the period during which

17 the person served in the position after having

18 been found qualified, but only if the person was

19 subsequently appointed as a reserve officer in

20 that grade. The period credited may not include

21 any period before the date on which the Senate

22 provides advice and consent for the appoint23 ment of that person in the recommended

24 grade.’’.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Military Pay

4 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999.

5 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The

6 adjustment, to become effective in fiscal year 1999, re7 quired by section 1009 of title 37, United States Code,

8 in the rate of monthly basic pay authorized members of

9 the uniformed services by section 203(a) of such title shall

10 not be made.

11 (b) INCREASE IN BASIC PAY.—Effective on January

12 1, 1999, the rates of basic pay of members of the uni13 formed services are increased by 3.1 percent.

14 Subtitle B—Bonuses and Special

15 and Incentive Pays

16 SEC. 611. EXTENSION OF AUTHORITY RELATING TO PAY17 MENT OF OTHER BONUSES AND SPECIAL

18 PAYS.

19 (a) AVIATION OFFICER RETENTION BONUS.—Sec20 tion 301b(a) of title 37, United States Code, is amended

21 by striking out ‘‘September 30, 1999’’ and inserting in

22 lieu thereof ‘‘September 30, 2001’’.

23 (b) REENLISTMENT BONUS FOR ACTIVE MEM24 BERS.—Section 308(g) of title 37, United States Code, is
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1 amended by striking out ‘‘September 30, 1999’’ and in2 serting in lieu thereof ‘‘September 30, 2001’’.

3 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

4 Sections 308a(c) and 308f(c) of title 37, United States

5 Code, are each amended by striking out ‘‘September 30,

6 1999’’ and inserting in lieu thereof ‘‘September 30,

7 2001’’.

8 (d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI9 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

10 312(e) of title 37, United States Code, is amended by

11 striking out ‘‘September 30, 1999’’ and inserting in lieu

12 thereof ‘‘September 30, 2001’’.

13 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

14 312b(c) of title 37, United States Code, is amended by

15 striking out ‘‘September 30, 1999’’ and inserting in lieu

16 thereof ‘‘September 30, 2001’’.

17 (f) NUCLEAR CAREER ANNUAL INCENTIVE

18 BONUS.—Section 312c(d) of title 37, United States Code,

19 is amended by striking out ‘‘October 1, 1999’’ and insert20 ing in lieu thereof ‘‘October 1, 2001’’.

21 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES

22 AND SPECIAL PAY AUTHORITIES FOR RE23 SERVE FORCES.

24 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

25 CRITICALLY SHORT WARTIME SPECIALTIES.—Section
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1 302g(f) of title 37, United States Code, is amended by

2 striking ‘‘September 30, 1999’’ and inserting in lieu there3 of ‘‘September 30, 2000’’.

4 (b) SELECTED RESERVE REENLISTMENT BONUS.—

5 Section 308b(f) of title 37, United States Code, is amend6 ed by striking ‘‘September 30, 1999’’ and inserting in lieu

7 thereof ‘‘September 30, 2000’’.

8 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec9 tion 308c(e) of title 37, United States Code, is amended

10 by striking ‘‘September 30, 1999’’ and inserting in lieu

11 thereof ‘‘September 30, 2000’’.

12 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS13 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

14 308d(c) of title 37, United States Code, is amended by

15 striking ‘‘September 30, 2000’’.

16 (e) SELECTIVE RESERVE AFFILIATION BONUS.—

17 308e(e) of title 37, United States Code, is amended by

18 striking ‘‘September 30, 1999’’ and inserting in lieu there19 of ‘‘September 30, 2000’’.

20 (f) READY RESERVE ENLISTMENT AND REENLIST21 MENT BONUS.—Section 308h(g) of title 37, United States

22 Code, is amended by striking ‘‘September 30, 1999’’ and

23 inserting in lieu thereof ‘‘September 30, 2000’’.

24 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec25 tion 308i(i) of title 37, United States Code, is amended
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1 by striking ‘‘September 30, 1999’’ and inserting in lieu

2 thereof ‘‘September 30, 2000’’.

3 (h) REPAYMENT OF EDUCATION LOANS FOR CER4 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE5 LECTED RESERVE.—Section 16302(d) of title 10 United

6 States Code, is amended by striking ‘‘October 1, 1999’’

7 and inserting in lieu thereof ‘‘October 1, 2000’’.

8 SEC. 613. EXTENSION OF SPECIAL PAY FOR NURSE ANES9 THETISTS.

10 Section 302e(a)(1) of title 37, United States Code,

11 is amended by striking out ‘‘September 30, 1999’’ and in12 serting in lieu thereof ‘‘September 30, 2001’’.

13 SEC. 614. REENLISTMENT BONUS ELIGIBILITY FOR MEM14 BERS OF THE RESERVE COMPONENTS WHO

15 PERFORM ACTIVE GUARD AND RESERVE

16 DUTY.

17 Section 308(a)(1)(D) of title 37, United States Code,

18 is amended to read as follows:

19 ‘‘(D) reenlists or voluntarily extends his

20 enlistment in a regular component or a reserve

21 component (if performing Active Guard and Re22 serve duty as defined in section 101(d)(6) of

23 title 10) of the service concerned, for a period

24 of at least three years;’’.
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1 SEC. 615. INCREASED MAXIMUM BONUS FOR ENLISTMENT

2 IN THE ARMY.

3 Section 308f(a) of title 37, United States Code, is

4 amended by striking out ‘‘$4,000’’ and inserting in lieu

5 thereof ‘‘$6,000’’.

6 Subtitle C—Other Matters

7 SEC. 621. REST AND RECUPERATION TRANSPORTATION.

8 (a) TRANSPORTATION ALLOWANCE FOR REST AND

9 RECUPERATION TRAVEL.—Section 411c of title 37,

10 United States Code, is amended by adding at the end the

11 following new subsection:

12 ‘‘(c)(1) The Secretary of Defense (or the Secretary

13 of Transportation with respect to members of the Coast

14 Guard when it is not acting as a service in the Department

15 of the Navy) may authorize transportation under subpara16 graph (a) for members of the armed forces serving at a

17 duty station outside the United States—

18 ‘‘(A) in a contingency operation, or

19 ‘‘(B) when the Secretary determines that it

20 would be in the best interests of the members and

21 the United States because of unusual conditions ex22 isting at that station.

23 ‘‘(2) The Secretary may authorize transportation

24 under this subsection only as part of a program of rest

25 and recuperation authorized in advance by the Secretary
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1 specifically for the contingency operation or duty station

2 concerned.

3 ‘‘(3) The transportation authorized by this sub4 section.

5 ‘‘(A) is limited to one round-trip during any pe6 riod of continuous service described in paragraph (1)

7 of at least 6, but less than 24, months; and

8 ‘‘(B) is in addition to transportation members

9 may subsequently become eligible for under this sec10 tion, provided members may not be authorized

11 transportation under this subsection for travel begin12 ning more than 24 months after the service de13 scribed in paragraph (1) begins or after such service

14 ends, whichever is earlier.’’.

15 (b) CONFORMING AMENDMENT.—Section 411c of

16 title 37, United States Code, is further amended in sub17 section (b) by striking ‘‘The transportation authorized by

18 this section’’ and inserting in lieu thereof ‘‘Except as pro19 vided in subsection (c), the transportation authorized by

20 this section’’.

21 SEC. 622. DELETION OF CANAL ZONE FROM DEFINITION OF

22 ‘‘POSSESSIONS’’.

23 Section 101(2) of title 37, United States Code, is

24 amended by striking ‘‘the Canal Zone’’.
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1 SEC. 623. STORAGE OF STUDENT DEPENDENT’S UNACCOM2 PANIED BAGGAGE.

3 Section 430(b) of title 37, United States Code, is

4 amended—

5 (1) by inserting ‘‘The unaccompanied baggage

6 may be stored in lieu of shipment if advantageous to

7 the Government.’’ after ‘‘The allowance authorized

8 by this section may be transported in kind or reim9 bursement therefor, as prescribed by the Secretaries

10 concerned.’’; and

11 (2) by striking ‘‘However’’ from the beginning

12 of the next sentence.

13 SEC. 624. UNITED STATES AIR FORCE INSTITUTE OF TECH14 NOLOGY.

15 Section 9314(b)(2)(B) of title 10, United States

16 Code, is amended by striking ‘‘section 5306(e)’’ and in17 serting in lieu thereof ‘‘section 5373’’.

18 SEC. 625. ANNUAL LEAVE; ACCUMULATION.

19 Section 6304(d)(3)(A) of title 5, United States Code,

20 is amended—

21 (1) by inserting ‘‘the closure of an installation

22 in the Republic of Panama in accordance with the

23 Panama Canal Treaty of 1977,’’ after ‘‘2687 note)

24 during any period,’’; and

25 (2) by striking ‘‘December 31, 1997’’ and in26 serting in lieu thereof ‘‘December 31, 2003’’.
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1 SEC. 626. EFFECTIVE DATES OF SURVIVOR BENEFIT COV2 ERAGE.

3 Section 1448(b)(3)(C) of title 10, United States

4 Code, is amended by inserting ‘‘, or in the case of an elec5 tion made by a person described in section 1450(f)(3)(B),

6 the effective date shall be that described for a deemed elec7 tion under section 1450(f)(3)(D)’’ after ‘‘the Secretary

8 concerned’’.

9 SEC. 627. LEAVE WITHOUT PAY FOR SUSPENDED CADETS

10 AND MIDSHIPMEN.

11 Section 702 of title 10, United States Code, is

12 amended by adding at the end the following new sub13 section:

14 ‘‘(c) The Superintendents of the United States Mili15 tary Academy, the United States Naval Academy, the

16 United States Air Force Academy, and the United States

17 Coast Guard Academy may order a cadet or midshipman

18 enrolled at the Academy under the jurisdiction of the Su19 perintendent placed on involuntary leave without pay if,

20 under regulations prescribed by the Secretary concerned,

21 the cadet or midshipman has been suspended from the

22 Academy pending separation from the Academy or return

23 to the Academy to repeat an academic semester or year,

24 or for other good cause. A cadet or midshipman who is

25 placed on involuntary leave under this subsection pending

26 separation shall not be entitled to back pay for any period
41

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1 of the suspension because the cadet or midshipman re2 turns to the Academy.’’.

3 SEC. 628. REMOVAL OF TEN PERCENT RESTRICTION ON SE4 LECTIVE REENLISTMENT BONUSES.

5 Section 308(b) of title 37, United States Code, is

6 amended—

7 (1) by striking ‘‘(1)’’ at the beginning of the

8 section; and

9 (2) by striking paragraph (2).

10 SEC. 629. AUTHORIZATION TO PROVIDE AN EDUCATIONAL

11 ALLOWANCE IN OVERSEAS AREAS.

12 Section 1402 of the Defense Dependents’ Education

13 Act of 1978 (20 U.S.C. 921), is amended by adding at

14 the end the following subsection:

15 ‘‘In those overseas areas where the Secretary of De16 fense has not established schools pursuant to this chapter,

17 the Secretary of Defense and the Secretary of Transpor18 tation, with regard to the Coast Guard, are authorized to

19 provide an educational allowance to the sponsors of de20 pendents. The Secretary of Defense and the Secretary of

21 Transportation, with regard to members of the Coast

22 Guard, shall issue regulations to implement this sub23 section that generally are consistent with Department of

24 State regulations concerning such allowances.’’.
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1 SEC. 630. DENTAL INSURANCE PROGRAMS IMPROVEMENTS.

2 (a) UPDATE OF PREMIUM AMOUNTS FOR DEPEND3 ENTS DENTAL PLAN.—Section 1076a(b)(2) of title 10,

4 United States Code, is amended by inserting after ‘‘$20

5 per month’’ the following: ‘‘(in 1993 dollars, adjusted in

6 subsequent years)’’.

7 (b) INTEGRATION OF DEPENDENTS DENTAL PRO8 GRAM WITH MANAGED CARE CONTRACTS.—Section

9 1076a of such title is amended by adding at the end there10 of the following new subsection:

11 ‘‘(j) INTEGRATION OF DEPENDENTS DENTAL PLAN

12 WITH MANAGED HEALTH CARE CONTRACTS.—A basic

13 dental benefit plan established under the authority of sub14 section (a) may be integrated into the TRICARE Pro15 gram. With respect to dental care authorized to be pro16 vided in a facility of the uniformed services under section

17 1076(a) and 1077(c) of this title, the Secretary may, to

18 the extent authorized by section 1097(c) of this title for

19 the TRICARE Program, establish reasonable preferences

20 for such dental care for dependents enrolled under sub21 section (a).’’.

22 SEC. 631. PROVISION FOR RECOVERY, CARE, AND DISPOSI23 TION OF THE REMAINS OF ALL MEDICALLY

24 RETIRED MEMBERS.

25 (a) IN GENERAL.—Section 1481(a)(1) of title 10,

26 United States Code, is amended to read as follows:
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1 ‘‘(1) Any regular of an armed force, or member

2 of an armed force without regard to component, who

3 dies—

4 (A) while on active duty; or

5 (B) while hospitalized after having been re6 tired by reason of medical disability for an in7 jury, illness or disease incurred while on active

8 duty and the hospitalization has been continu9 ous since the date of retirement from active

10 duty.’’.

11 (b) EFFECTIVE DATE.—This provision becomes ef12 fective as of the date of the enactment of this Act to pro13 vide the authority for the recovery, care, and disposition

14 of remains to any member of the armed forces on active

15 duty as of the date of this Act or thereafter and to any

16 member hospitalized upon or after the date of the enact17 ment of this Act who otherwise is eligible for such recov18 ery, care, and disposition of remains under section

19 1481(a)(1)(B) of such title 10, as added by this section.
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1 SEC. 632. MODIFICATION TO VOLUNTARY SEPARATION IN2 CENTIVE TO ENSURE CONTINUED ELIGI3 BILITY FOR MEMBERS WHO INVOLUNTARILY

4 LOSE MEMBERSHIP IN A RESERVE COMPO5 NENT.

6 Section 1175(a) of title 10, United States Code, is

7 amended by inserting before the period at the end ‘‘, or

8 for the period described in subsection 1175(e)(1) of this

9 section if the member becomes ineligible for retention in

10 an active or inactive status in a Reserve component be11 cause of age, years of service, failure to select for pro12 motion, or medical disqualification, provided such ineli13 gibility does not result from deliberate action on the part

14 of the member with the intent to avoid retention in an

15 active or inactive status in a Reserve component.’’.

16 SEC. 633. AMENDMENT OF ELIGIBILITY REQUIREMENTS

17 FOR ATTENDANCE AT DEPARTMENT OF DE18 FENSE DOMESTIC DEPENDENT ELEMENTARY

19 AND SECONDARY SCHOOLS; WAIVER OF FIVE20 YEAR LIMIT; REMOTE OR UNACCOMPANIED

21 ASSIGNMENTS.

22 Section 2164(c) of title 10, United States Code, is

23 amended—

24 (1) in paragraph (2) by striking out subpara25 graph (B) and inserting in lieu thereof the following

26 new subparagraph (2)(B):
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1 ‘‘(2)(B) A dependent referred to in subpara2 graph (A) may be enrolled in the program for more

3 than five consecutive school years at the discretion

4 of the Secretary where the dependent is qualified,

5 space is available in the program, and where the

6 Secretary will be reimbursed for services provided.

7 Any such extension may be made for only one school

8 year at a time.’’; and

9 (2) by adding at the end the following new

10 paragraph (4):

11 ‘‘(4) A dependent of a member of the armed

12 forces, where the member of the armed forces is as13 signed to a remote or unaccompanied assignment,

14 and the dependent is residing, on or off a military

15 installation, in a territory, commonwealth, or posses16 sion of the United States, as authorized by perma17 nent change of station orders, may be enrolled in an

18 educational program provided by the Secretary.’’.

19 SEC. 634. RETIREMENT FOR LENGTH OF SERVICE.

20 (a) ARMY.—Section 3911(b) of title 10, United

21 States Code, is amended by striking out ‘‘nine-year pe22 riod’’ and inserting in lieu thereof ‘‘thirteen-year period’’;

23 (b) NAVY AND MARINE CORPS.—Section 6323(a)(2)

24 of title 10, United States Code, is amended by striking
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1 out ‘‘nine-year period’’ and inserting in lieu thereof ‘‘thir2 teen-year period’’; and

3 (c) AIR FORCE.—Section 8911(b) of title 10, United

4 States Code, is amended by striking out ‘‘nine-year pe5 riod’’ and inserting in lieu thereof ‘‘thirteen-year period’’.

6 SEC. 635. NAVY LIMITED DUTY OFFICERS; RETIREMENT

7 FOR YEARS OF SERVICE.

8 (a) EXTENSION OF EXEMPTION FOR NAVY COM9 MANDERS.—Section 633 of title 10, United States Code,

10 is amended by striking out ‘‘October 1, 1999’’ and insert11 ing in lieu thereof ‘‘October 1, 2003’’;

12 (b) EXTENSION OF EXEMPTION FOR REGULAR NAVY

13 CAPTAINS.—Section 634 of title 10, United States Code,

14 is amended by striking out ‘‘October 1, 1999’’ and insert15 ing in lieu thereof ‘‘October 1, 2003’’;

16 (c) EXTENSION OF EXEMPTION FROM MANDATORY

17 RETIREMENT FOR FAILURE OF PROMOTION IN NAVAL

18 SERVICE.—Section 6383(a)(5) of title 10, United States

19 Code, is amended by striking out ‘‘October 1, 1999’’ and

20 inserting in lieu thereof ‘‘October 1, 2003’’; and

21 (d) CONFORMING AMENDMENT REGARDING LIMITA22 TION OF PERIOD A DEFERRED OFFICER MAY REMAIN ON

23 ACTIVE DUTY.—Section 6383(k) of title 10, United

24 States Code, is amended by striking out ‘‘October 1,

25 1999’’ and inserting in lieu thereof ‘‘October 1, 2003’’.
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1 TITLE VII—ACQUISITION POLICY

2 AND MANAGEMENT

3 SEC. 701. REPEAL OF LIMITATION ON AUTHORITY TO DELE4 GATE APPROVAL OF NONCOMPETITIVE PRO5 CEDURES.

6 (a) ARMED SERVICES ACQUISITIONS.—Section

7 2304(f) of title 10, United States Code, is amended—

8 (1) in clause (1)(B)(ii), by striking ‘‘(or the

9 head of the procuring activity’s delegate pursuant to

10 paragraph (6)(A))’’ and inserting in lieu thereof ‘‘(or

11 his delegate at a level no lower than the competition

12 advocate for the procuring activity)’’;

13 (2) in clause (1)(B)(iii), by striking ‘‘designated

14 pursuant to paragraph (6)(C)’’ and inserting in lieu

15 thereof ‘‘at a level no lower than Defense agency

16 senior procurement executive’’; and

17 (3) by striking paragraph (6).

18 (b) CIVILIAN AGENCY ACQUISITIONS.—Section

19 303(f)(1)(B)(ii) of the Federal Property and Administra20 tive Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(ii)) is

21 amended by striking ‘‘or a delegate who, if a member of

22 the armed forces, is a general or flag officer or, if a civil23 ian, is serving in a position in the Senior Executive Service

24 (or in a comparable or higher position under another

25 schedule); or’’ inserting in lieu thereof ‘‘or his delegate at
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1 a level no lower than the competition advocate for the pro2 curing activity; or’’.

3 SEC. 702. MODIFICATION TO COST OR PRICING DATA:

4 TRUTH IN NEGOTIATIONS.

5 (a) ARMED SERVICES PROCUREMENTS.—Section

6 2306a(a) of title 10, United States Code, is amended—

7 (1) by striking paragraph (5); and

8 (2) by redesignating paragraphs (6) and (7) as

9 (5) and (6), respectively.

10 (b) PUBLIC AGENCY PROCUREMENTS.—Section

11 304A of the Federal Property and Administrative Services

12 Act of 1949 (41 U.S.C. 254b(a)) is amended—

13 (1) by striking paragraph (5); and

14 (2) by redesignating paragraphs (6) and (7) as

15 (5) and (6), respectively.

16 SEC. 703. PROCUREMENT TECHNICAL ASSISTANCE PRO17 GRAM DISTRIBUTION CONFORMING AMEND18 MENT.

19 Section 2413(c) of title 10, United States Code, is

20 amended by striking ‘‘region’’ and inserting in lieu thereof

21 ‘‘district’’.

22 SEC. 704. PROCUREMENT TECHNICAL ASSISTANCE PRO23 GRAM LIMITATION.

24 (a) IN GENERAL.—Section 2415 of title 10, United

25 States Code is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for chapter 142 of such title is amended by striking the

3 item relating to section 2415.

4 SEC. 705. REPEAL OF REQUIREMENTS RELATING TO

5 UNDEFINITIZED CONTRACTUAL ACTIONS.

6 Section 908 of the Defense Acquisition Improvement

7 Act of 1986 (Public Law 99–500; 100 Stat. 1783–139

8 and 140) is amended by striking subsection (b) and redes9 ignating subsections (c) and (d) as (b) and (c), respec10 tively.

11 SEC. 706. CONTRACT DISPUTES ACT AMENDMENT RELAT12 ING TO PAYMENT OF INTEREST ON CONTRAC13 TOR CLAIMS.

14 (a) SPECIFICITY OF DATE FOR INTEREST.—Section

15 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)

16 is amended to read as follows:

17 ‘‘The Government shall pay interest on a contractor’s

18 claim on the amount found to be due and unpaid from

19 (a) the date the contracting officer receives the claim pur20 suant to sections 6(a) and 6(c)(1) of this Act or (b) the

21 date the contractor paid its incurred costs, whichever is

22 later, until the date of payment. The interest provided for

23 in this section shall be paid at the rate established by the

24 Secretary of the Treasury pursuant to Public Law 92–

25 41 (85 Stat 97) for the Renegotiation Board.’’.
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1 (b) IMPLEMENTATION.—The Federal Acquisition

2 Regulatory Council shall issue amendments to the Federal

3 Acquisition Regulation to implement the changes made by

4 this section not later than 180 days after the enactment

5 of this Act.

6 SEC. 707. CRITICAL ACQUISITION POSITIONS.

7 Section 1734(a) of title 10, United States Code, is

8 amended in paragraphs (1) and (2) by striking ‘‘critical

9 acquisition position’’ each place it appears and inserting

10 in lieu thereof ‘‘program manager or deputy program

11 manager position for a significant nonmajor defense acqui12 sition program, program executive officer position, general

13 or flag officer position or civilian position equivalent there14 to, or senior contracting official position’’.

15 SEC. 708. ACQUISITION CORPS ELIGIBILITY.

16 Section 1732(c) of title 10, United States Code, is

17 amended by adding at the end the following new subpara18 graph:

19 ‘‘(3) The requirements of subsection (b)(1)(A)

20 shall not preclude an employee who previously served

21 as a GS–13 or above, and was downgraded to a GS–

22 12 or below because of a reduction in force person23 nel action, a base closure action or other reason

24 other than for cause, from being eligible for mem25 bership in the Corps.’’.
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1 SEC. 709. OFPP TEST PROGRAM FOR EXECUTIVE AGENCIES.

2 (a) IN GENERAL.—Section 5061 of the Federal Ac3 quisition Streamlining Act (41 U.S.C. 413 note) is amend4 ed—

5 (1) in subsection (a) by striking ‘‘, and not

6 more than 1 such test shall be conducted under such

7 authority in an agency’’.

8 (2) in subsection (c)(3)(B) by—

9 (A) striking ‘‘one’’ and inserting in lieu

10 thereof ‘‘two’’; and

11 (B) adding before the period ‘‘, provided,

12 however, that at least one of the tests with con13 tracts exceeding $5,000,000 is conducted within

14 the Department of Defense’’;

15 (3) in subsection (g) by striking ‘‘270’’ and in16 serting in lieu thereof ‘‘120’’; and

17 (4) in subsection (j) by striking ‘‘January 1,

18 2001’’ and inserting in lieu thereof ‘‘January 1,

19 2003’’.

20 (b) APPLICABILITY.—Any test plan pending before

21 Congress or for which public comment is being sought pur22 suant to subsection (g) at the time of enactment of this

23 Act shall remain open for Congressional review or public

24 comment until the earlier of—

25 (1) 120 days after enactment of this Act; or
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1 (2) expiration of the time period that was pro2 vided by subsection (g) prior to enactment of this

3 Act.

4 SEC. 710. MENTOR-PROTE ́ GE ́ PROGRAM.

5 (a) Section 831 of the National Defense Authoriza6 tion Act for Fiscal Years 1991 (10 U.S.C. 2302 note) is

7 amended—

8 (1) by striking ‘‘pilot’’ in the heading for the

9 section;

10 (2) in subsection (a), by striking ‘‘pilot’’ both

11 times it appears (in the descriptive preamble and in

12 the section content);

13 (3) in the first sentence of subsection (k), by

14 striking ‘‘pilot’’;

15 (4) in subsection (g)(2)(A) by inserting ‘‘and

16 other incidental mentor or prote ́ge ́ costs, subject to

17 Department of Defense regulations,’’ after ‘‘of sub18 section (f)’’;

19 (5) by striking subsection (j) and inserting in

20 lieu thereof the following new subsection (j):

21 ‘‘(j) WOMEN OWNED SMALL BUSINESS PILOT INI22 TIATIVE.—The Department of Defense may conduct an

23 initiative with no more than three contracting activities,

24 that would authorize the Department to participate in the

25 mentoring of women-owned small business prote ́ge ́s. The
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1 contracting activity may receive reimbursement or, with

2 the Small Business Administration’s concurrence, credit

3 toward its women-owned small business prime contract

4 goal for costs incurred.’’; and

5 (6) in subsection (m)(2), the definition for ‘‘dis6 advantaged small business concern’’, by inserting ‘‘,

7 a small business concern owned and controlled by

8 women, a historically Black college and university,

9 or a minority institution,’’ after ‘‘a small business

10 concern owned and controlled by socially and eco11 nomically disadvantaged individuals’’.

12 SEC. 711. HOLDING GAO PROTEST PROCEEDINGS IN ABEY13 ANCE.

14 Section 3554(b) of title 31, United States Code, is

15 amended by adding at the end the following new para16 graph (4):

17 ‘‘(4) On petition of the government, with con18 sent of the protestor, the Comptroller General shall

19 stay the Comptroller General’s review of the protest

20 when the agency has agreed to suspend contract

21 award or performance through the completion of any

22 agency protest procedure and any subsequent pro23 test timely filed before the Comptroller General.

24 Such stay may remain in effect up to 35 days for

25 completion of the agency protest procedure. Upon
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1 request of the Government or protestor, the Comp2 troller General shall vacate the stay. The time period

3 set forth in subsection (a)(1) for issuance of a final

4 decision by the Comptroller General shall be ex5 tended by the number of days by which the protest

6 has been stayed under this paragraph.’’.

7 SEC. 712. REVISION TO RESTRICTIONS ON PROCUREMENTS

8 FROM FOREIGN SOURCES.

9 Section 9005 of the National Defense Appropriations

10 Act for Fiscal Year 1993 (Public Law 102–396; 106 Stat.

11 1876) is amended to read as follows:

12 ‘‘During the current fiscal year and hereafter, no part

13 of any appropriation contained in this Act, except for sim14 plified acquisitions covered by section 2304(g) of title 10,

15 United States Code, shall be available for the procurement

16 of any article or item of clothing, tents, tarpaulins, covers,

17 cotton and other natural fiber products, woven silk or

18 woven silk blends, spun silk yarn for cartridge cloth, syn19 thetic fabric or coated synthetic fabric, canvas products,

20 or wool (whether in the form of fiber or yarn or contained

21 in fabrics, materials, or manufactured articles), or any

22 item of individual equipment manufactured from or con23 taining such fibers, yarns, fabrics, or materials, or spe24 cialty metals including stainless steel flatware, or hand or

25 measuring tools, not grown, reprocessed, reused, or pro-
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1 duced in the United States or its possessions, except to

2 the extent that the Secretary of the Department concerned

3 shall determine that satisfactory quality and sufficient

4 quantity of any articles or items of individual equipment,

5 tents, tarpaulins, covers, or clothing or any form of cotton

6 or other natural fiber products, woven silk and woven silk

7 blends, spun silk yarn for cartridge cloth, synthetic fabric

8 or coated synthetic fabric, canvas products, wool, or spe9 cialty metals including stainless steel flatware, grown, re10 processed, reused, or produced in the United States or its

11 possessions cannot be procured as and when needed at

12 United States market prices and except procurements out13 side the United States in support of combat operations,

14 procurements by vessels in foreign waters, and emergency

15 procurements by establishments located outside the

16 United States for the personnel attached thereto: Pro17 vided, That nothing herein shall preclude the procurement

18 of specialty metals or chemical warfare protective clothing

19 produced outside the United States or its possessions

20 when such procurement is necessary to comply with agree21 ments with foreign governments requiring the United

22 States to purchase supplies from foreign sources for the

23 purposes of offsetting sales made by the United States

24 Government or United States firms under approved pro25 grams serving defense requirements or where such pro-
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1 curement is necessary in furtherance of agreements with

2 foreign governments in which both governments agree to

3 remove barriers to purchases of supplies produced in the

4 other country or services performed by sources of the

5 other country, so long as such agreements with foreign

6 governments comply, where applicable, with the require7 ments of section 36 of the Arms Export Control Act and

8 with section 2457 of title 10, United States Code.’’.

9 TITLE VIII—DEPARTMENT OF

10 DEFENSE MANAGEMENT

11 Subtitle A—General Management

12 SEC. 801. AUTHORITY TO PAY CERTAIN EXPENSES RELAT13 ING TO HUMANITARIAN AND CIVIC ASSIST14 ANCE FOR CLEARANCE OF LANDMINES.

15 Section 401(c) of title 10, United States Code, is

16 amended—

17 (1) in paragraph (3), by striking ‘‘$5,000,000’’

18 and inserting in lieu thereof $10,000,000’’; and

19 (2) by adding at the end the following new

20 paragraph (5):

21 ‘‘(5) Not more than ten percent of funds avail22 able for the activities described in subsection (e)(5)

23 may be used to pay for the pay and allowances of

24 Reserve Component personnel performing duty in
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1 connection with training and activities related to the

2 clearing of landmines for humanitarian purposes.’’.

3 SEC. 802. COLLECTION OF DISHONORED CHECKS ISSUED

4 TO THE DEFENSE COMMISSARY AGENCY.

5 Section 2486 of title 10, United States Code, is

6 amended by adding the following new subsection at the

7 end:

8 ‘‘(f) DISHONORED CHECK COLLECTION.—(1) The

9 Secretary of Defense, consistent with commercial super10 market practices, may impose a surcharge for dishonored

11 checks. Such surcharge is authorized notwithstanding any

12 other law relating to the collection of funds due the Gov13 ernment. Any surcharge collected as a result of this sec14 tion shall be deposited to the commissary trust revolving

15 fund. Appropriated funds may be used to pay any costs

16 incurred in the collection of dishonored checks but only

17 to the extent that such accounts are reimbursed for the

18 payment of such costs from the commissary trust revolv19 ing fund.

20 ‘‘(2) Authorized patrons receiving compensation from

21 the United States are deemed to have consented to the

22 recoupment of dishonored checks of their authorized fam23 ily members from their pay or entitlements. Dishonored

24 checks may be collected through—
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1 ‘‘(A) deductions from military pay or entitle2 ments;

3 ‘‘(B) deductions from other obligations from the

4 United States due the maker or sponsor of the

5 maker of the check; or

6 ‘‘(C) when such collection or voluntary redemp7 tion is unsuitable, the Agency may utilize a commer8 cial organization to collect amounts due as a con9 sequence of the dishonored check.’’.

10 SEC. 803. REVISION OF INSPECTION REQUIREMENTS RE11 LATING TO THE ARMED FORCES RETIRE12 MENT HOME.

13 Section 418 of the Armed Forces Retirement Home

14 Act of 1991 (24 U.S.C. 418) is amended to read as fol15 lows:

16 ‘‘§ 418. Inspection of retirement home

17 ‘‘The Inspectors General of the Military Departments

18 shall—

19 ‘‘(1) conduct, at three-year intervals on an al20 ternating basis, an inspection of the Retirement

21 Home to include the records of the Home; and

22 ‘‘(2) submit to the Retirement Home Board,

23 the Secretary of Defense, and Chairpersons of the

24 National Security Committee of the House of Rep25 resentatives and the Armed Services Committee of
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1 the Senate a report describing the results of the in2 spection with its recommendations, if any.’’.

3 SEC. 804. PROTECTION OF OPERATIONAL FILES OF THE NA4 TIONAL IMAGERY AND MAPPING AGENCY.

5 Title I of the National Security Act of 1947 (50

6 U.S.C. 402 et seq.) is amended by inserting after section

7 105A (50 U.S.C. 403–5a) the following new section:

8 ‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL

9 IMAGERY AND MAPPING AGENCY

10 ‘‘SEC. 105B. (a). EXEMPTION OF CERTAIN OPER11 ATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION,

12 OR DISCLOSURE.—(1) Operational files of the National

13 Imagery and Mapping Agency may be exempted by the

14 Director of the National Imagery and Mapping Agency

15 from the provisions of section 552 of Title 5, United

16 States Code (Freedom of Information Act), which require

17 publication or disclosure, or search or review, in connec18 tion therewith.

19 ‘‘(2) For the purposes of this section, the term ‘oper20 ational files’ means files of the National Imagery and

21 Mapping Agency (NIMA) concerning the activities of

22 NIMA that were previously performed by the National

23 Photographic Interpretation Center of the Central Intel24 ligence Agency (NPIC), and which document the means

25 by which foreign intelligence or counterintelligence is col26 lected through scientific and technical systems, except that
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1 files which are the sole repository of disseminated intel2 ligence are not operational files.

3 ‘‘(3) Notwithstanding subsection (1) of this section,

4 exempted operational files shall continue to be subject to

5 search and review for information concerning—

6 ‘‘(A) United States citizens or aliens lawfully

7 admitted for permanent residence who have re8 quested information on themselves pursuant to the

9 provisions of Section 552 of Title 5, United States

10 Code (Freedom of Information Act), or section 552a

11 of Title 5, United States Code (Privacy Act of

12 1974);

13 ‘‘(B) Any special activity the existence of which

14 is not exempt from disclosure under the provisions

15 of section 552 of Title 5, United States Code; or

16 ‘‘(C) The specific subject matter of an inves17 tigation by the Intelligence Oversight Board, the De18 partment of Justice, the Office of General Counsel

19 of the National Imagery and Mapping Agency, or

20 the Office of the Director of the National Imagery

21 and Mapping Agency for any impropriety, or viola22 tion of law, Executive Order, or Presidential direc23 tive, in the conduct of an intelligence activity.

24 ‘‘(4)(A) Files that are not exempted under subsection

25 (a)(1) of this section which contain information derived
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1 or disseminated from exempted operational files shall be

2 subject to search and review.

3 ‘‘(B) The inclusion of information from exempted

4 operational files in files that are not exempted under para5 graph (1) shall not affect the exemption under subsection

6 (1) of this section of the originating operational files from

7 search, review publication, or disclosure.

8 ‘‘(C) Records from exempted operational files which

9 have been disseminated to and referenced in files that are

10 not exempted under paragraph (1) and which have been

11 returned to exempted operational files for sole retention

12 shall be subject to search and review.

13 ‘‘(5) The provisions of subsection (a)(1) may not be

14 superseded except by a provision of law which is enacted

15 after the date of enactment of this Act, and which specifi16 cally cites and repeals or modifies its provisions.

17 ‘‘(6) Whenever any person who has requested agency

18 records under section 552 of title 5, United States Code

19 (Freedom of Information Act), alleges that the National

20 Imagery and Mapping Agency has withheld records im21 properly because of failure to comply with any provision

22 of this section, judicial review shall be available under the

23 terms set forth in section 552(a)(4)(B) of title 5, United

24 States Code, except that—
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1 ‘‘(A) in any case in which information specifi2 cally authorized under criteria established by an Ex3 ecutive Order to be kept secret in the interests of

4 national defense or foreign relations is filed with, or

5 produced for, the court by the National Imagery and

6 Mapping Agency, such information shall be exam7 ined ex parte, in camera by the court;

8 ‘‘(B) the court shall, to the fullest extent prac9 ticable, determine the issues of fact based on sworn

10 written submissions of the parties;

11 ‘‘(C) when a complainant alleges that requested

12 records were improperly withheld because of im13 proper exception of operational files, the National

14 Imagery and Mapping Agency shall meet its burden

15 under section 552(a)(4)(B) of title 5, United States

16 Code, by demonstrating to the court by sworn writ17 ten submission that exempted operational files likely

18 to contain responsible records currently perform the

19 functions set forth in subsection (a)(2) of this sec20 tion;

21 ‘‘(D)(i) when a complainant alleges that re22 quested records were improperly withheld because of

23 improper exception of operational files, the National

24 Imagery and Mapping Agency shall meet its burden

25 under section 552(a)(4)(B) of Title 5, United States
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1 Code, by demonstrating to the court by sworn writ2 ten submission that exempted operational files likely

3 to contain responsible records currently perform the

4 functions set forth in subsection (a)(2) of this sec5 tion; and

6 ‘‘(ii) the court may not order the National Im7 agery and Mapping Agency to review the content of

8 any exempted operational file or files in order to

9 make the demonstration required under subpara10 graph (1) of this paragraph, unless the complainant

11 disputes the National Imagery and Mapping Agen12 cy’s showing with a sworn written submission based

13 on personal knowledge or otherwise admissible evi14 dence;

15 ‘‘(E) in proceedings under subparagraphs (C)

16 and (D) of paragraph (a)(6), the parties shall not

17 obtain discovery pursuant to rules 26 and 36;

18 ‘‘(F) if the court finds under this subsection

19 that the National Imagery and Mapping Agency has

20 improperly withheld requested records because of

21 failure to comply with any provisions of this section,

22 the court shall order the National Imagery and Map23 ping Agency to search and review the appropriate

24 exempted operational file or files for the requested

25 records and make such records, or portions thereof,
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1 available in accordance with the provisions of section

2 552 of title 5, United States Code (Freedom of In3 formation Act), and such order shall be the exclusive

4 remedy for failure to comply with the section;

5 ‘‘(G) if at any time following the filing of a

6 complaint pursuant to this subsection the National

7 Imagery and Mapping Agency agrees to search the

8 appropriate exempted operational file or files for the

9 requested records, the court shall dismiss the claim

10 based upon such complaint;

11 ‘‘(H) any information filed with, or produced

12 for the court pursuant to subparagraphs (A) and

13 (D) shall be coordinated with the Director of Central

14 Intelligence prior to submission to the court.

15 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER16 ATIONAL FILES.—(1) Not less than once every ten years,

17 the Director of the National Imagery and Mapping Agency

18 and the Director of Central Intelligence shall review the

19 exemptions in force under (a)(1) of this section to deter20 mine whether such exemptions may be removed from the

21 category or exempted files or any portion thereof. The Di22 rector of Central Intelligence may disapprove any deter23 mination to remove such exemptions.

24 ‘‘(2) The review required by subsection (b)(1) of this

25 section shall include consideration of the historical values
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1 of other public interest in the subject matter of the par2 ticular category of files or portions thereof and the poten3 tial for declassifying a significant part of the information

4 contained therein.

5 ‘‘(3) A complaint which alleges that the National Im6 agery and Mapping Agency has improperly withheld

7 records because of failure to comply with this subsection

8 may seek judicial review in the district court of the United

9 States of the district in which any of the parties reside,

10 or in the District of Columbia. In such a proceeding, the

11 court’s review shall be limited to determining;

12 ‘‘(A) whether the National Imagery and Map13 ping Agency has conducted the review required by

14 subsection (b)(1) within 10 years after the enact15 ment of this section or within ten years after the

16 last review; and

17 ‘‘(B) whether the National Imagery and Map18 ping Agency, in fact, considered the criteria set forth

19 in subsection (b)(2) of this section in conducting the

20 required review.’’.

21 SEC. 805. PROTECTION OF COMMERCIAL SOURCES.

22 Section 455(b)(1) of title 10, United States Code, is

23 amended by—

24 (1) in subparagraph (B) by striking ‘‘or’’;
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1 (2) in subparagraph (C) by striking the period

2 at the end inserting in lieu thereof ‘‘; or’’;

3 (3) by adding at the end the following new sub4 paragraph (D):

5 ‘‘(D) that contains information that the

6 Secretary of Defense has determined in writing,

7 if disclosed, would interfere or unfairly compete

8 with an emerging or existing commercial indus9 try or market operation.’’; and

10 (4) by adding at the end the following new

11 paragraph (4):

12 ‘‘(4) Nothing in this section shall affect, limit,

13 or supersede the authorities or responsibilities of the

14 Director of the Central Intelligence Agency with re15 spect to imagery and imagery intelligence pursuant

16 to the National Security Act of 1947, as amended

17 (50 U.S.C. 402 et seq.), Executive Order 12951, or

18 any successor Executive order and applicable Presi19 dential directives. The withholding of imagery and

20 imagery intelligence will be in accordance with the

21 policies and directives of the Director of Central In22 telligence.’’.
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1 SEC. 806. REPEAL OF EXPORT CONTROLS ON HIGH PER2 FORMANCE COMPUTERS.

3 Subtitle B of Title XII of Division A (Sections 1211–

4 1215) of the National Defense Authorization Act for Fis5 cal Year 1998 (Public Law 105–85, 111 Stat. 1932) is

6 repealed.

7 SEC. 807. REPEAL OF REQUIREMENT TO TRANSFER TAC8 TICAL AIRLIFT MISSION TO RESERVE COMPO9 NENTS.

10 Section 1438 of the National Defense Authorization

11 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

12 1689), as amended by section 1023 of the National De13 fense Authorization Act for Fiscal Years 1992 and 1993

14 (Public Law 102–190; 105 Stat. 1460), is repealed.

15 SEC. 808. CODIFICATION OF PROVISIONS PERTAINING TO

16 GEORGE C. MARSHALL EUROPEAN CENTER

17 FOR SECURITY STUDIES; WAIVER OF

18 CHARGES FOR CERTAIN PARTICIPANTS OF

19 THE ASIA PACIFIC CENTER.

20 (a) IN GENERAL.—(1) Chapter 134 of title 10,

21 United States Code is amended by adding at the end the

22 following new section:
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1 ‘‘§ 2256. George C. Marshall European Center for Se2 curity Studies and Asia Pacific Center for

3 Security Studies

4 ‘‘(a) USE OF CONTRIBUTIONS.—Funds received by

5 the United States Government from the Federal Republic

6 of Germany as its fair share of the costs of the George

7 C. Marshall European Center for Security Studies shall

8 be credited to appropriations available to the Department

9 of Defense for the George C. Marshall European Center

10 for Security Studies. Funds so credited shall be merged

11 with the appropriations to which credited and shall be

12 available for the Center for the same purposes and the

13 same period as the appropriations with which merged.

14 ‘‘(b) WAIVER OF CHARGES.—(1) The Secretary of

15 Defense may waive reimbursement of the costs of con16 ferences, seminars, courses of instruction, or similar edu17 cational activities of the George C. Marshall European

18 Center for Security Studies for military officers and civil19 ian officials of cooperation partner states of the North At20 lantic Cooperation Council or the Partnership for Peace

21 if the Secretary determines that attendance by such per22 sonnel without reimbursement is in the national security

23 interest of the United States.

24 ‘‘(2) The Secretary of Defense may waive reimburse25 ment of the costs of conferences, seminars, courses of in26 struction, or similar educational activities of the Asia Pa-
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1 cific Center for Security Studies for military officers and

2 civilian officials of foreign nations of the Asia Pacific Re3 gion if the Secretary determines that attendance by such

4 personnel, without reimbursement, is in the national secu5 rity interest of the United States.

6 ‘‘(3) Costs for which reimbursement is waived pursu7 ant to paragraphs (1) and (2) shall be paid from appro8 priations available for each Center.’’.

9 (2) The table of sections at the beginning of such

10 chapter is amended by adding at the end the following

11 new item:

‘‘2256. George C. Marshall European Center for Security Studies and Asia Pacific Center for Security Studies.’’.

12 (b) REPEAL OF SUPERSEDED PROVISION RELATING

13 TO GEORGE C. MARSHALL CENTER.—Section 1306 of the

14 National Defense Authorization Act for Fiscal Year 1995

15 (Public Law 103–337; 108 Stat. 2892) is repealed.

16 Subtitle B—Department of Defense

17 Personnel Management

18 SEC. 811. DEMONSTRATION PROJECT RELATING TO CER19 TAIN PERSONNEL MANAGEMENT POLICIES

20 AND PROCEDURES OF THE DEFENSE COM21 MISSARY AGENCY.

22 (a) COMMENCEMENT.—The Secretary of Defense is

23 encouraged and authorized to take such steps as may be

24 necessary to provide for the commencement of a dem-
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1 onstration project, the purpose of which would be to deter2 mine the feasibility or desirability of one or more proposals

3 for improving the personnel management policies or proce4 dures that apply with respect to the Defense Commissary

5 Agency.

6 (b) TERMS AND CONDITIONS.—(1) IN GENERAL.—

7 Except as otherwise provided in this subsection, any dem8 onstration project described in subsection (a) shall be sub9 ject to section 4703 of title 5, United States Code, and

10 all other provisions of such title that apply with respect

11 to any demonstration project under such section.

12 (2) EXCEPTIONS.—Subject to paragraph (3), in ap13 plying section 4703 of title 5, United States Code, with

14 respect to a demonstration project described in subsection

15 (a)—

16 (A) subsection (b)(3) shall be disregarded;

17 (B) ‘‘180 days’’ in subsection (b)(4) of such

18 section shall be deemed to read ‘‘30 days’’;

19 (C) ‘‘90 days’’ in subsection (b)(6) of such sec20 tion shall be deemed to read ‘‘30 days’’;

21 (D) subsection (c)(1) shall be deemed to read

22 as follows:

23 ‘‘(1) subchapter V of chapter 63 or subpart G

24 of part II of this title’’;

25 (E) subsection (d) shall be disregarded; and
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1 (F) subsection (f) shall be disregarded and, in

2 lieu thereof, subsection (c) of this section shall

3 apply.

4 (3) CONDITION.—Paragraph (2) shall not apply with

5 respect to a demonstration project unless it—

6 (A) involves only the workforce of the Defense

7 Commissary Agency (or any part thereof); and

8 (B) commences during the 3-year period begin9 ning on the date of the enactment of this Act.

10 (c) PARTNERSHIP WITH UNIONS.—

11 (1) Except as provided in paragraph (2) em12 ployees within a unit to which a labor organization

13 is accorded exclusive recognition under chapter 71 of

14 title 5, United States Code, shall not be subject to

15 any of the flexibilities contained in a demonstration

16 project authorized under this section unless the ex17 clusive representative and the Defense Commissary

18 Agency have entered into a written agreement which

19 specifically provides for the exercise of that flexibil20 ity.

21 (2) Notwithstanding paragraph (1)—

22 (A) if the exercise of any flexibility pro23 vided by the demonstration project would affect

24 employees who are in more than one bargaining

25 unit affiliated with the same national labor or-
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1 ganization and who are covered by more than

2 one collective bargaining agreement, such flexi3 bility may be exercised if there is a written

4 agreement permitting such exercise between the

5 Defense Commissary Agency and the national

6 labor organization; and

7 (B) if the exercise of any flexibility pro8 vided by the demonstration project would affect

9 employees who are in more than one bargaining

10 unit and whose exclusive representatives are af11 filiated with more than one national labor orga12 nization, such flexibility may be exercised if

13 there is a written agreement permitting such

14 exercise between the Defense Commissary

15 Agency and all of such national labor organiza16 tions.

17 (3) The written agreements referred to in para18 graphs (1) and (2) may not be imposed by the Fed19 eral Services Impasses Panel under section 7119 of

20 title 5, United States Code.

21 SEC. 812. EMPLOYMENT PREFERENCE PROGRAM FOR MILI22 TARY SPOUSES.

23 Section 1792 of title 10, United States Code, is

24 amended—

25 (1) by striking out subsection (d); and
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1 (2) by redesignating subsection (e) as sub2 section (d).

3 SEC. 813. PRESERVATION OF CIVIL SERVICE RIGHTS FOR

4 EMPLOYEES OF THE FORMER DEFENSE MAP5 PING AGENCY.

6 Notwithstanding section 1612 of title 10, United

7 States Code, the provisions of subchapters II and IV (sec8 tions 7511 through 7514 and sections 7531 through 7533,

9 respectively) of chapter 75 of title 5, United States Code,

10 continue to apply, for as long as the employee continues

11 to serve as a Department of Defense employee in the Na12 tional Imagery and Mapping Agency without a break in

13 service, to each of those former Defense Mapping Agency

14 employees who occupied positions established under title

15 5, United States Code, and who on October 1, 1996, be16 came employees of the National Imagery and Mapping

17 Agency under paragraph 1601(a)(1) of title 10, United

18 States Code pursuant to Title XI of the National Defense

19 Authorization Act for Fiscal Year 1997 (Public Law 104–

20 201; 110 Stat. 2675, et seq.) and for whom the provisions

21 of chapter 75 of title 5, United States Code, applied before

22 October 1, 1996. Such an employee, at any time, may elect

23 to waive the provisions of this section, in which case such

24 waiver shall be permanent as to that employee.
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1 SEC. 814. CLARIFICATION OF DEFENSE CIVILIAN PERSON2 NEL SYSTEM POSITIONS.

3 (a) AUTHORITY FOR SENIOR DOD INTELLIGENCE

4 POSITIONS.—Section 1601(a)(1) of title 10, United States

5 Code, is amended to read as follows:

6 ‘‘(1) establish, as positions in the excepted serv7 ice, such defense intelligence positions in the Depart8 ment of Defense as the Secretary of Defense deter9 mines necessary to carry out the intelligence func10 tions of the Department including—

11 ‘‘(A) Intelligence Senior Level positions

12 designated under section 1607 of this title; and

13 ‘‘(B) positions in the Defense Intelligence

14 Senior Executive Service;’’.

15 (b) CONFORMING DEFINITION FOR DEFENSE INTEL16 LIGENCE POSITION.—Subsection 1614 of such title 10 is

17 amended to read as follows:

18 ‘‘(1) The term ‘defense intelligence position’

19 means a civilian position as an intelligence officer or

20 intelligence employee of the Department of De21 fense.’’.
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1 SEC. 815. MODIFICATION TO MANAGEMENT TRAINING PRO2 GRAM IN JAPANESE LANGUAGE AND CUL3 TURE.

4 Section 2198 of title 10, United States Code, is

5 amended in subsections (a) and (b) by striking ‘‘shall’’ and

6 inserting in lieu thereof ‘‘may’’.

7 SEC. 816. EXPERIMENTAL PERSONNEL AUTHORITY—DE8 FENSE ADVANCED RESEARCH PROJECTS

9 AGENCY.

10 (a) AUTHORITY.—In order to facilitate the conduct

11 of research and development through the Defense Ad12 vanced Research Projects Agency, the Secretary of De13 fense is authorized to—

14 (1) appoint, notwithstanding any other provi15 sion of title 5, United States Code, for appointment

16 or classification, up to 20 scientific and engineering

17 personnel, and fix their compensation, notwithstand18 ing any other provision of law, at a rate not exceed19 ing the maximum rate for a Senior Level salary;

20 (2) provide by regulation for a system of addi21 tional payments for the positions in (a)(1) which is

22 described in (d)(2).

23 (b) TERM AND REPORTS.—The authority of this sec24 tion to make appointments shall terminate five years from

25 the date of enactment. The Secretary of Defense shall re26 port annually for the five years after the date of enactment
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1 of this Act to the Committee of Armed Services of the

2 United States Senate and the Committee on National Se3 curity of the House of Representatives on the use of au4 thorities under this section.

5 (c) DEFINITIONS.—As used in this section—

6 (1) ‘‘Agency’’ means the Defense Advanced Re7 search Projects Agency.

8 (2) ‘‘Senior Level salary’’ means a pay rate set

9 in accordance with section 5376, title 5, United

10 States Code.

11 (d) PROCEDURES.—In exercising the authorities

12 under this section the following procedures apply:

13 (1) Excepted service appointments pursuant to

14 subsection (a)(1) of this section are limited to four

15 years, except that upon a determination by the Sec16 retary of Defense or his designee that such action is

17 necessary to promote the efficiency of the agency,

18 such appointment may be extended for up to two ad19 ditional years;

20 (2) Regulations governing additional payments

21 made pursuant to subsection (a)(2) shall limit such

22 payments to $25,000 per year, or 25 percent of sal23 ary, per person per year, as long as total compensa24 tion does not exceed the limit established by section

25 5307 of title 5. Such payments will be made for the
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1 purpose of creating a compensation package allowing

2 for the recruitment and retention of highly qualified

3 personnel.

4 TITLE IX—GENERAL

5 PROVISIONS

6 Subtitle A—Financial Matters

7 SEC. 901. REPEAL OF REQUIREMENT FOR SEPARATE BUDG8 ET REQUEST FOR PROCUREMENT OF RE9 SERVE EQUIPMENT.

10 Section 114(e) of title 10, United States Code, is re11 pealed.

12 SEC. 902. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG13 ET CYCLE FOR THE DEPARTMENT OF DE14 FENSE.

15 Section 1405 of the Department of Defense Author16 ization Act, 1986 (31 U.S.C. 1105 note) is repealed.

17 SEC. 903. CHEMICAL STOCKPILE EMERGENCY PREPARED18 NESS PROGRAM.

19 (a) ESTABLISHMENT OF PROGRAM.—Section 1412(c)

20 of the Department of Defense Authorization Act, 1986

21 (Public Law 99–145) (50 U.S.C. 1521), is amended by

22 adding at the end the following:

23 ‘‘(4)(A) The Director of the Federal Emergency

24 Management Agency shall administer a program to

25 provide off-post emergency preparedness required to
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1 protect the public around installations where lethal

2 chemical agents and munitions are stored in the con3 tinental United States from risks that may be identi4 fied by the Secretary;

5 ‘‘(B) The Director shall assist States in devel6 oping offsite emergency response capabilities nec7 essary for operation and maintenance of the facili8 ties identified in subsection (c)(1)(B);

9 ‘‘(C) The Director may make grants to State

10 and local governments for the purposes of this sub11 section.

12 ‘‘(D) The Director may establish an incentive

13 program to encourage State and local governments

14 to achieve early, efficient, and cost-effective attain15 ment of the level of emergency preparedness re16 quired under this subsection. Under the program,

17 the Director may permit any State or a State’s sub18 grantee to retain a portion of a grant made under

19 paragraph (C) that represents cost savings realized

20 by the State or subgrantee because of early comple21 tion of program objectives. Amounts retained by any

22 State or subgrantee shall not exceed $100,000 in

23 any fiscal year and shall be available for any pur24 pose determined by the State or subgrantee.
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1 ‘‘(E) The Director shall report annually to Con2 gress on the activities carried out under this sub3 section.

4 (b) PROGRAM FUNDING.—Section 1412(f) (50

5 U.S.C. 1521(f)) of such Act is amended—

6 (1) by striking ‘‘IDENTIFICATION OF FUNDS.—

7 Funds’’ and inserting in lieu thereof

8 ‘‘IDENTIFICATION OF FUNDS.—(1) Funds’’;

9 (2) by inserting ‘‘(other than funds for carrying

10 out the program established in subsection (c)(4))’’

11 after ‘‘Funds for carrying out this section’’;

12 (3) by striking the second sentence; and

13 (4) by adding at the end the following:

14 ‘‘(2) Funds appropriated for carrying out the

15 program established in subsection (c)(4) shall be set

16 out in a separate defense-related activities program

17 account for the Federal Emergency Management

18 Agency for any fiscal year under the national de19 fense function (function 050) of the Budget of the

20 United States.’’.
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1 SEC. 904. AUTHORITY TO MOVE FUNDS FOR COMBATING

2 TERRORISM SUPPORT TO MILITARY OPER3 ATIONS.

4 (a) IN GENERAL.—Chapter 6 of title 10, United

5 States Code, is amended by inserting after section 166a

6 the following new section:

7 ‘‘§ 166b. Combatant commands: funding for combat8 ing terrorism support

9 ‘‘From funds made available in any fiscal year to the

10 Chairman of the Joint Chiefs of Staff for combating ter11 rorism under the ‘Operation and Maintenance, Defense12 Wide’ account and the ‘Procurement, Defense-Wide’ ac13 count, the Secretary of Defense may transfer funds be14 tween such accounts in such amounts as may be necessary

15 to meet unanticipated, critical requirements for combating

16 terrorism or for force protection.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 for such chapter 6 is amended by inserting after the item

19 relating to section 166a, the following new item:

‘‘166b. Combatant commands: funding for combating terrorism support.’’.

20 SEC. 905. TRANSFER OF FUNDS: PROCEDURE AND LIMITA21 TIONS.

22 Section 2214 of title 10, United States Code, is

23 amended—

24 (1) by redesignating subsections (b), (c), and

25 (d) as subsections (c), (d), and (e), respectively; and
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1 (2) by inserting after subsection (a) the follow2 ing new subsection (b):

3 ‘‘(b) LIMITED TRANSFER AUTHORITY WITHIN AC4 QUISITION PROGRAMS.—The Secretary of Defense, with

5 the approval of the Office of Management and Budget,

6 may transfer funds between investment appropriations of

7 the Department of Defense (the various procurement ap8 propriations and the various research, development, and

9 test and evaluation programs of the Department of De10 fense) within acquisition category I and II programs or

11 clearly defined groups of associated acquisition programs

12 not to exceed $500,000,000 per year and $20,000,000 per

13 acquisition program. The Secretary of Defense may dele14 gate this authority no lower than the milestone decision

15 authority as designated by the Under Secretary of Defense

16 (Comptroller).’’.

17 SEC. 906. BALLISTIC MISSILE DEFENSE PROGRAM ELE18 MENTS.

19 (a) ELEMENTS SPECIFIED.—In the Budget justifica20 tion materials submitted to Congress in support of the De21 partment of Defense budget for any fiscal year after fiscal

22 year 1999 (as submitted with the budget of the President

23 under section 1105(a) of title 31, United States Code),

24 the amount requested for activities of the Ballistic Missile
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1 Defense Organization shall be set forth in accordance with

2 the following Program Elements:

3 (1) The Patriot system.

4 (2) The Navy Area system.

5 (3) The Theater High-Altitude Area Defense

6 system.

7 (4) The Navy Theater Wide system.

8 (5) The Medium Extended Air Defense System.

9 (6) Joint Theater Missile Defense.

10 (7) National Missile Defense.

11 (8) Support Technologies.

12 (9) Family of Systems Engineering and Inte13 gration.

14 (10) Ballistic Missile Defense Technical Oper15 ations.

16 (11) Threat and Countermeasures.

17 (12) International Cooperative Programs.

18 (b) TREATMENT OF BALLISTIC MISSILE DEFENSE

19 MAJOR DEFENSE ACQUISITION PROGRAMS.—Amounts re20 quested for Theater and National Missile Defense Major

21 Defense Acquisition Programs shall be specified in individ22 ual dedicated program elements, and amounts appro23 priated for such programs shall be available only for Bal24 listic Missile Defense activities.
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1 (c) MANAGEMENT AND SUPPORT.—Program Ele2 ments shall include requests for the amounts necessary for

3 the management and support of the programs, projects,

4 and activities contained in that program element.

5 SEC. 907. TRANSFER OF FUNDS RELATED TO THE EXECU6 TION OF MILITARY FAMILY HOUSING PRIVAT7 IZATION PROJECTS.

8 (a) TRANSFER AUTHORITY.—In such amounts as

9 provided in advance in appropriation Acts, the Secretary

10 of Defense may transfer amounts for military housing

11 from amounts appropriated therefor to the Department in

12 Operations and Maintenance accounts, to Military Person13 nel accounts.

14 (b) NOTICE REQUIREMENT.—A transfer of appro15 priated amounts under subsection (a) may be made only

16 after the end of the 30-day period beginning on the date

17 the Secretary of Defense submits written notice of, and

18 justification for, the transfer to the appropriate commit19 tees of Congress.

20 SEC. 908. CLARIFICATION OF THE PROPER CHARGES TO

21 MILITARY CONSTRUCTION DESIGN FUNDS.

22 Section 2807 of title 10, United States Code, is

23 amended—

24 (1) in subsection (a) by striking ‘‘in connection

25 with military construction projects not otherwise au-
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1 thorized by law.’’ and inserting in lieu thereof ‘‘, re2 gardless of the intended acquisition approach, in

3 connection with any military construction or military

4 family housing project otherwise, or not otherwise,

5 authorized by law.’’; and

6 (2) in subsection (d) by striking ‘‘study, plan7 ning, design, architectural and engineering services’’

8 and inserting in lieu thereof: ‘‘architectural and en9 gineering services and construction design’’.

10 SEC. 909. PAYMENT OF FOREIGN LICENSING FEES FROM

11 THE PROCEEDS RECEIVED FROM THE SALE

12 OF MAPS, CHARTS, AND NAVIGATIONAL

13 BOOKS.

14 Section 451 of title 10, United States Code, is

15 amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (1);

18 (2) by striking the period at the end of para19 graph (2) and inserting in lieu thereof ‘‘; and’’; and

20 (3) by adding at the end the following new

21 paragraph (3):

22 ‘‘(3) pay licensing or other fees to foreign coun23 tries or international organizations for the acquisi24 tion or use of data or products to be paid for from

25 the proceeds of the public sales of such data or prod-
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1 ucts. All amounts in excess of the licensing or other

2 fees shall be deposited by the Secretary in the

3 Treasury as miscellaneous receipts.’’.

4 SEC. 910. FEES AT MILITARY HISTORY INSTITUTES.

5 (a) ARMY.—Chapter 437 of title 10, United States

6 Code, is amended by adding at the end the following new

7 section:

8 ‘‘§ 4595. United States Army Military History Insti9 tute: retention of fees

10 ‘‘(a) AUTHORITY.—The Secretary of the Army may

11 charge and retain fees received for providing historical in12 formation from the United States Army Military History

13 Institute to public requesters.

14 ‘‘(b) RETENTION OF FEES.—Monies received by the

15 United States Army Military History Institute under sub16 section (a) shall be retained by the Secretary and shall

17 be available to offset the cost of providing historical infor18 mation.

19 ‘‘(c) EXCLUSION.—This section shall not apply to

20 records made available to the public under section 552 of

21 title 5, United States Code.

22 ‘‘(d) DEFINITIONS.—In this section:

23 ‘‘(1) The term ‘United States Army Military In24 stitute’ means the Army’s primary archive for his25 torical records and materials.
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1 ‘‘(2) The term ‘public requesters’ means all per2 sons who request historical information from the In3 stitute other than persons who request information

4 in their official capacity as a member of the armed

5 forces or an officer or employee of the United

6 States, as defined in sections 2104 and 2105 of title

7 5, United States Code.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of such chapter 437 is amended by add10 ing at the end the following new item:

‘‘4595. United States Army Military History Institute: retention of fees.’’.

11 (c) NAVY.—Chapter 649 of such title 10 is amended

12 by adding at the end the following new section:

13 ‘‘§ 7582. United States Navy and Marine Corps Mili14 tary History Institutes: retention of fees

15 ‘‘(a) AUTHORITY.—The Secretary of the Navy may

16 charge and retain fees received for providing historical in17 formation from the United States Naval Historical Center

18 and the Marine Corps Historical Center to public request19 ers.

20 ‘‘(b) RETENTION OF FEES.—Monies received by the

21 Secretary under subsection (a) shall be retained by the

22 Secretary and shall be available to offset the cost of pro23 viding historical information.
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1 ‘‘(c) EXCLUSION.—This section shall not apply to

2 records made available to the public under section 552 of

3 title 5, United States Code.

4 ‘‘(d) DEFINITIONS.—In this section:

5 ‘‘(1) The term ‘United States Naval Historical

6 Center’ means the Navy’s primary archive for histor7 ical records and materials.

8 ‘‘(2) The term ‘Marine Corps Historical Center’

9 means the Marine Corps’ primary archive for histor10 ical records and materials.

11 ‘‘(3) The term ‘public requesters’ means all per12 sons who request historical information from the

13 Navy other than persons who request information in

14 their official capacity as a member of the armed

15 forces or an officer of the armed forces or an officer

16 or employee of the United States, as defined in sec17 tions 2104 and 2105 of title 5, United States

18 Code.’’.

19 (d) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of such Chapter 649 is amended by add21 ing at the end the following new item:

‘‘7582. United States Navy and Marine Corps Military History Institute: retention of fees.’’.

22 (e) AIR FORCE.—Chapter 937 of title 10, United

23 States Code, is amended by adding at the end the follow24 ing new section:
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1 § 9594. United States Air Force Military History Insti2 tute: retention of fees

3 ‘‘(a) AUTHORITY.—The Secretary of the Air Force

4 may charge and retain fees received for providing histori5 cal information from the United States Air Force Military

6 History Institute to public requesters.

7 ‘‘(b) RETENTION OF FEES.—Monies received by the

8 United States Air Force Military History Institute under

9 subsection (a) shall be retained by the Secretary and shall

10 be available to offset the cost of providing historical infor11 mation.

12 ‘‘(c) EXCLUSION.—This section shall not apply to

13 records made available to the public under section 552 of

14 title 5, United States Code.

15 ‘‘(d) DEFINITIONS.—In this section:

16 ‘‘(1) The term ‘United States Air Force Mili17 tary Institute’ means the Air Force’s primary ar18 chive for historical records and materials.

19 ‘‘(2) The term ‘public requesters’ means all per20 sons who request historical information from the In21 stitute other than persons who request information

22 in their official capacity as a member of the armed

23 forces or an officer or employee of the United

24 States, as defined in sections 2104 and 2105 of title

25 5, United States Code.’’.
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1 (f) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter 937 is amended by adding

3 at the end the following new item:

‘‘9594. United States Air Force Military History Institute: retention of fees.’’.

4 Subtitle B—Miscellaneous Report

5 Requirements and Repeals

6 SEC. 911. REPEAL OF OBSOLETE REPORTING REQUIRE7 MENT.

8 Section 1002(d) of the Department of Defense Au9 thorization Act, 1985 (Public Law 98–525; 98 Stat.

10 2576), concerning an annual report to Congress regarding

11 the NATO conventional defense assessment of allied per12 formance in selected improvement areas, is hereby re13 pealed.

14 SEC. 912. REPEAL OF REPORT ON NATO CONVENTIONAL

15 DEFENSE CAPABILITIES

16 Section 1002(d) of the Department of Defense Au17 thorization Act, 1985 (Public Law 98–525; 98 Stat. 2575;

18 22 U.S.C. 1928 note) is amended—

19 (1) by striking subsection (d), and

20 (2) by redesignating subsections (e) and (f) as

21 subsections (d) and (e), respectively.
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1 SEC. 913. REPEAL OF OUTDATED REPORTS ON ALLIED

2 BURDENSHARING.

3 Section 1003 of the Department of Defense Author4 ization Act, 1985 (Public Law 98–525; 98 Stat. 2577) is

5 amended by striking subsection (c) and subsection (d).

6 SEC. 914. REPEAL OF REPORTING REQUIREMENTS RELAT7 ING TO TRAINING OF SPECIAL OPERATIONS

8 FORCES WITH FRIENDLY FOREIGN FORCES.

9 Section 2011 of title 10, United States Code, is

10 amended by striking subsection (e).

11 SEC. 915. REPEAL OF ANNUAL REPORT ON THE DEFENSE

12 BUSINESS OPERATIONS FUND.

13 Section 2216a(h) of title 10, United States Code, is

14 amended—

15 (1) by striking subsection (h), and

16 (2) by redesignating subsection (i) as subsection

17 (h).

18 SEC. 916. REPEAL OF ANNUAL REPORT ON USE OF AU19 THORITY BY THE DEFENSE CONTRACT AUDIT

20 AGENCY TO SUBPOENA RECORDS OF DE21 FENSE CONTRACTORS.

22 Section 2313(b) of title 10, United States Code, is

23 amended by striking paragraph (4).
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1 SEC. 917. REPEAL OF REPORT ON USE OF FUNDS RECEIVED

2 FROM THE LEASE OF NON-EXCESS PROP3 ERTY.

4 Section 2667(d) of title 10, United States Code, is

5 amended—

6 (1) by striking paragraph (3); and

7 (2) by redesignating paragraphs (4) and (5) as

8 paragraphs (3) and (4), respectively.

9 SEC. 918. REPEAL OF STUDIES AND REPORTS ON DEM10 ONSTRATION PROJECTS FOR DELIVERY OF

11 HEALTH CARE.

12 Section 1092(a) of title 10, United States Code, is

13 amended by striking ‘‘every six months’’ and inserting in

14 lieu thereof ‘‘every year’’.

15 SEC. 920. REPEAL OF COMMISSION REPORT ON ALTER16 NATIVE UTILIZATION OF MILITARY FACILI17 TIES.

18 Section 2819 of the National Defense Authorization

19 Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.

20 2119; 10 U.S.C. 2391 note) is repealed.

21 SEC. 921. REPEAL OF REPORT ON PROPOSED CONTRACT

22 FOR SALE OF GREGG CIRCLE AREA, FORT

23 JACKSON, SOUTH CAROLINA.

24 Section 840 of the Military Construction Authoriza25 tion Act, 1986 (Public Law 99–167; 99 Stat. 997) is

26 amended—
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1 (1) by striking subsection (d); and

2 (2) by redesignating subsections (e), (f), (g),

3 and (h) as subsections (d), (e), (f), and (g), respec4 tively.

5 SEC. 922. EXCEPTIONS FROM REPORTING REQUIREMENTS

6 FOR EMERGENCY REAL PROPERTY TRANS7 ACTIONS.

8 (a) IN GENERAL.—Section 2662 of title 10, United

9 States Code, is amended by adding at the end the follow10 ing new subsections:

11 ‘‘(g) EXCEPTION FOR DECLARATION OF WAR OR

12 EMERGENCY, PROCLAMATION TO DISPERSE, OR CONTIN13 GENCY OPERATION.—Subsections (a) and (e) shall not

14 apply to any real property transaction made in connection

15 with—

16 ‘‘(1) a declaration of war;

17 ‘‘(2) a declaration of a national emergency by

18 the President pursuant to the National Emergencies

19 Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);

20 ‘‘(3) a declaration of an emergency or a major

21 disaster pursuant to the Robert T. Stafford Disaster

22 Relief and Emergency Assistance Act of 1974 (Pub23 lic Law 93–228, as amended by Public Law 100–

24 707; 42 U.S.C. 5121 et seq.);
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1 ‘‘(4) the use of the militia or the armed forces,

2 or both, after a proclamation to disperse under sec3 tion 334 of this title; or

4 ‘‘(5) a contingency operation.

5 ‘‘(h) EXCEPTION.—The Secretary concerned may

6 enter into any real property transaction listed in sub7 section (a) without submitting a report required under

8 such subsection when the Secretary determines that an

9 event specified in subsection (g) is imminent and it is nec10 essary to prepare for the event prior to the event occur11 ring.

12 ‘‘(i) REPORT ON EXCEPTION.—The Secretary con13 cerned shall submit a report to the congressional commit14 tees named in subsection (a) not later than 30 days after

15 entering into a transaction that, but for subsection (g) or

16 (h), would require a report under subsection (a) or (e).’’.

17 (b) CONFORMING AMENDMENT.—Subsection (a) of

18 such section is amended by striking ‘‘(a) The Secretary’’

19 and inserting in lieu thereof ‘‘(a) TRANSACTIONAL RE20 PORTING REQUIREMENTS.—Except as provided in sub21 sections (g) and (h), the Secretary’’.

22 (c) CLERICAL AMENDMENTS.—(1) Subsection (b) of

23 such section is amended by striking ‘‘(b) The Secretary

24 of’’ and inserting in lieu thereof ‘‘(b) ANNUAL REPORT.—

25 The Secretary of ’’.
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1 (2) Subsection (c) of such section is amended by

2 striking ‘‘(c) This section applies’’ and inserting in lieu

3 thereof ‘‘(c) APPLICABILITY.—This section applies’’.

4 (3) Subsection (d) of such section is amended by

5 striking ‘‘(d) A statement’’ and inserting in lieu thereof

6 ‘‘(d) EFFECT OF STATEMENT OF COMPLIANCE.—A state7 ment’’.

8 (4) Subsection (e) of such section is amended by

9 striking ‘‘(e) No element’’ and inserting in lieu thereof

10 ‘‘(e) OCCUPANCY OF GSA LEASED SPACE.—No element’’.

11 (5) Subsection (f) of such section is amended by

12 striking ‘‘(f) Whenever’’ and inserting in lieu thereof ‘‘(f)

13 REPORT ON TRANSACTION INVOLVING AN INTELLIGENCE

14 COMPONENT.—Whenever’’.

15 SEC. 923. REPEAL OF NOTIFICATION REQUIREMENTS RE16 LATING TO INSPECTOR GENERAL INVESTIGA17 TIONS.

18 Section 1034 of title 10, United States Code, is

19 amended—

20 (1) by striking subsection (e)(3),

21 (2) by redesignating subsection (e)(4) as sub22 section (e)(3),

23 (3) by striking subsection (h), and

24 (4) by redesignating subsections (i) and (j) as

25 subsections (h) and (i), respectively.
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1 SEC. 924. REPEAL OF REPORTING OF CERTAIN ELEMENTS

2 OF OVERSEAS BASING COSTS.

3 Section 8125 of the Department of Defense Appro4 priations Act, 1989 (Public Law 100–463; 102 Stat.

5 2270–42) (10 U.S.C. 113 note) is amended—

6 (1) by striking subsection (g); and

7 (2) in subsection (h), by striking ‘‘subsections

8 (f) and (g)’’ and inserting in lieu thereof ‘‘subsection

9 (f)’’.

10 SEC. 925. INFLATION ADJUSTMENT TO NOTIFICATION RE11 QUIREMENT FOR ARCHITECTURAL AND EN12 GINEERING SERVICES AND CONSTRUCTION

13 DESIGN CONTRACT.

14 Section 2807 (b) of title 10, United States Code, is

15 amended by striking ‘‘$300,000’’ and inserting in lieu

16 thereof ‘‘$500,000’’.

17 Subtitle C—Matters Relating to

18 Terrorism

19 SEC. 931. AUTHORITY TO PURCHASE NONTACTICAL AR20 MORED PASSENGER VEHICLES UNDER EMER21 GENCY SITUATIONS FOR COMBATING TER22 RORISM AND MILITARY FORCE PROTECTION

23 SUPPORT.

24 Section 2253(a) of title 10, United States Code, is

25 amended—
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1 (1) by inserting ‘‘, the Chairman, Joint Chiefs

2 of Staff,’’ after ‘‘The Secretary of Defense’’

3 (2) by striking ‘‘and’’ at the end of paragraph

4 (1);

5 (3) by striking the period at the end of para6 graph (2) and inserting in lieu thereof ‘‘; and’’; and

7 (4) by adding at the end the following new

8 paragraph (3):

9 ‘‘(3) purchase nontactical armored passenger

10 vehicles under emergency situations for combating

11 terrorism and military force protection support not12 withstanding section 1343 of title 31, United States

13 Code.’’.

14 SEC. 932. MAINTENANCE AND OPERATION OF EQUIPMENT

15 FOR COUNTERTERRORISM.

16 Section 374 of title 10, United States Code, is

17 amended—

18 (1) in subsection (b)(1)(A), by striking ‘‘or’’;

19 (2) in subsection (b)(1)(B), by striking the pe20 riod at the end, inserting in lieu thereof a semicolon

21 and the following new subparagraphs:

22 ‘‘(C) a foreign or domestic counter23 terrorism operation; or
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1 ‘‘(D) a rendition of a suspected terrorist

2 from a foreign country to the United States to

3 stand trial.’’;

4 (3) in subsection (b)(2)(F)(i)—

5 (A) by inserting ‘‘along with any other ci6 vilian or military personnel who are supporting,

7 or conducting, a joint operation with civilian

8 law enforcement personnel;’’ after ‘‘the trans9 portation of civilian law enforcement person10 nel’’; and

11 (B) by striking ‘‘and’’;

12 (4) in subsection (b)(2)(F)(ii)—

13 (A) by inserting ‘‘and supporting’’ after

14 ‘‘the operation of a base of operations for civil15 ian law enforcement’’;

16 (B) by striking the period at the end and

17 inserting in lieu thereof ‘‘; and’’; and

18 (C) by inserting at the end the following

19 new clause:

20 ‘‘(iii) the transportation of suspected

21 terrorists from foreign countries to the

22 United States for trial (so long as the re23 questing agency provides all security for

24 such transportation and maintains custody
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1 over the suspect through the duration of

2 the transportation).’’;

3 (5) in subsection (b)(4)(A), by striking ‘‘an’’

4 and inserting in lieu thereof ‘‘a Federal’’; and

5 (6) in subsection (b)(4)(A), by inserting ‘‘(v)

6 Any law, foreign or domestic, prohibiting terrorist

7 activities.’’ after ‘‘(iv) The Maritime Drug Law En8 forcement Act (46 U.S.C. App. 1901 et seq.).’’.

9 Subtitle D—Matters Relating to

10 Counter Drug Operations

11 SEC. 941. DEPARTMENT OF DEFENSE SUPPORT FOR

12 COUNTER-DRUG ACTIVITIES.

13 Section 1004 of the National Defense Authorization

14 Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amend15 ed—

16 (1) in subsection (a) by striking ‘‘through

17 1999’’ and inserting in lieu thereof ‘‘through 2004’’;

18 (2) in paragraph (b)(4) by inserting ‘‘Depart19 ment of Defense or any Federal, State, local, or for20 eign law enforcement agency’’ after ‘‘facilitating’’;

21 (3) by redesignating subsection ‘‘(g)’’ as sub22 section ‘‘(h)’’; and

23 (4) by inserting after subsection ‘‘(f)’’ the fol24 lowing new subsection ‘‘(g)’’.
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1 ‘‘(g) OUTREACH PROGRAMS.—(1) The Secretary of

2 Defense may conduct domestic outreach programs to re3 duce the demand for illegal drugs among youths. The pro4 grams may include outreach activities conducted sepa5 rately or jointly by the active and reserve components of

6 the armed forces.

7 ‘‘(2) Funds available to the Department of Defense

8 for drug interdiction and counter-drug activities may be

9 used in carrying out the outreach programs described in

10 paragraph (1).’’.

11 SEC. 942. EXPANSION AND EXTENSION OF AUTHORITY TO

12 PROVIDE ADDITIONAL SUPPORT FOR

13 COUNTER-DRUG ACTIVITIES OF SELECTED

14 CARIBBEAN COUNTRIES.

15 (a) IN GENERAL.—Section 1031 of the National De16 fense Authorization Act for Fiscal Year 1997 (Public Law

17 104–201; 110 Stat. 2637), as amended, is further amend18 ed—

19 (1) in the catchline by striking ‘‘Mexico’’ and

20 inserting in lieu thereof ‘‘selected Caribbean coun21 tries.’’;

22 (2) in subsection (a)—

23 (A) by striking ‘‘during fiscal year 1997’’

24 and inserting in lieu thereof ‘‘during fiscal

25 years 1999 through 2004’’;
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1 (B) by striking ‘‘Government of Mexico’’ in

2 each place it appears in the subsection and in3 serting in lieu thereof in each instance ‘‘selected

4 Caribbean countries’’;

5 (C) by inserting at the end of the sub6 section the following new sentence: ‘‘For the

7 purposes of this section, the term ‘selected Car8 ibbean countries’ includes the Commonwealth of

9 the Bahamas, the Dominican Republic, Haiti,

10 Jamaica, Trinidad and Tobago, Grenada, Saint

11 Vincent and the Grenadines, Barbados, Saint

12 Lucia, Dominica, Antigua and Barbuda, and

13 Saint Christopher and Nevis.’’;

14 (3) in paragraph (b)(2)—

15 (A) by striking ‘‘nonlethal’’;

16 (B) by redesignating subparagraph (F) as

17 subparagraph (G) and in the subparagraph (G),

18 as so redesignated, by striking ‘‘subparagraphs

19 (A), (B), (C), (D), and (E)’’ and inserting in

20 lieu thereof ‘‘subparagraphs (A), (B), (C), (D),

21 (E) and (F)’’; and

22 (C) by inserting after paragraph (E) the

23 following new paragraph (F):
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1 ‘‘(F) Boats suitable for Caribbean counter2 drug operations along with associated systems,

3 services, and communications suites.’’;

4 (4) in paragraph (b)(4) by striking ‘‘Mexico’’

5 and inserting in lieu thereof ‘‘selected Caribbean

6 countries.’’;

7 (5) in subsection (b) by adding at the end the

8 following new paragraph (5):

9 ‘‘(5) For selected Caribbean countries, oper10 ation and maintenance support to utilize the support

11 provided in subsection (b) for the counter-drug ac12 tivities of the receiving Government’’.;

13 (6) in subsection (d) by striking ‘‘$8,000,000’’

14 and inserting in lieu thereof ‘‘$8,500,000’’;

15 (7) in subsection (d) by striking the last two

16 sentences;

17 (8) in paragraph (e)(2) by striking ‘‘Govern18 ment of Mexico’’ each place it appears in the para19 graph and inserting in lieu thereof, in each instance,

20 ‘‘receiving Government’’.

21 (9) in subparagraph (e)(2)(B) by inserting ‘‘the

22 functional equivalent of’’ after ‘‘undergone’’.

23 (b) CLERICAL AMENDMENT.—The item relating to

24 section 1031 as depicted in subtitle C of title X of the

25 table of contents for such Act (Public Law 104–201; 110
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1 Stat. 2430) is amended by striking ‘‘Mexico’’ and insert2 ing in lieu thereof ‘‘selected Caribbean countries.’’.

3 Subtitle E—Other Matters

4 SEC. 951. DEFINITION OF FINANCIAL INSTITUTIONS FOR

5 DIRECT DEPOSIT OF PAY.

6 (a) MILITARY EMPLOYEES REIMBURSEMENT FOR

7 ERRORS.—Section 1053(d)(1) of title 10, United States

8 Code, is amended to read as follows:

9 ‘‘(d)(1) The term ‘financial institution’ means a

10 bank, savings and loan association or similar institution,

11 or a credit union chartered by the United States or a

12 State.’’.

13 (b) CIVILIAN EMPLOYEES REIMBURSEMENT FOR

14 ERROR.—Section 1594(d)(1) of title 10, United States

15 Code, is amended to read as follows:

16 ‘‘(d)(1) The term ‘financial institution’ means a

17 bank, savings and loan association or similar institution,

18 or a credit union chartered by the United States or a

19 State.’’.

20 SEC. 952. RELEASE OF DRUG TEST RESULTS OF CIVIL

21 SERVICE MARINERS OF THE MILITARY SEA22 LIFT COMMAND.

23 Section 503(e) of the Supplemental Appropriations

24 Act, 1987 (5 U.S.C. 7301 note) is amended by adding at

25 the end the following new paragraph:
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1 ‘‘(5) Notwithstanding paragraphs (1) through

2 (4) of this subsection, to the extent similar submis3 sions are required from commercial vessel operators,

4 drug testing results of Civil Service Mariners of the

5 Military Sea Lift Command may be released to the

6 United States Coast Guard.’’.

7 SEC. 953. DISPOSITION OF COLLECTIONS RECOVERED

8 FROM CLAIMS AGAINST THIRD PARTIES FOR

9 LOSS OR DAMAGE TO PERSONAL PROP10 ERTIES OR STORED AT GOVERNMENT EX11 PENSE.

12 (a) IN GENERAL.—Chapter 163 of title 10, United

13 States Code, is amended by adding at the end the follow14 ing new section:

15 ‘‘§ 2739. Disposition of amounts recovered from

16 claims against third parties for loss or

17 damage to personal property shipped or

18 stored at government expense

19 ‘‘All amounts that the military claims services col20 lected from third parties under the authority of sections

21 3711, 3716, 3717 and 3721 of title 31, United States

22 Code, as a result of claims the services have paid to the

23 owners of personal property for loss or damage to their

24 property while it was being shipped or stored at govern25 ment expense, shall be credited to the appropriation from
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1 which claims may be paid for the year such amounts are

2 received.’’; and

3 (b) CLERICAL AMENDMENT.—The table of sections

4 for such chapter is amended by adding at the end the fol5 lowing 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.’’.

6 SEC. 954. TRANSPORTATION OF POLYCHLORINATED

7 BIPHENYLS.

8 (a) IN GENERAL.—Chapter 141 of title 10, United

9 States Code, is amended by adding at the end the follow10 ing new section:

11 ‘‘§ 2410o. Transportation of polychlorinated

12 biphenyls

13 ‘‘Notwithstanding any other provision of law or regu14 lation, polychlorinated biphenyls which are located outside

15 of the customs territory of the United States and which

16 are in the possession and control of the United States may

17 be imported for disposal in the customs territory of the

18 United States. Disposal, treatment, or storage of such pol19 ychlorinated biphenyls within the customs territory of the

20 United States shall be governed by the Toxic Substances

21 Control Act.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning is amended by adding at the end the fol3 lowing new item:

‘‘2410o. Transportation of Polychlorinated Biphenyls.’’.

4 SEC. 955. RENTAL OF ARMY FAMILY HOUSING IN ITALY

5 AND KOREA.

6 Section 2828(e)(2) of title 10, United States Code,

7 is amended to read as follows:

8 ‘‘(2) In addition to the 450 units of family

9 housing referred to in paragraph (1) for which the

10 maximum lease amount is $25,000 per unit per

11 year—

12 ‘‘(A) the Secretary of the Navy may lease

13 not more than 2,000 units of family housing in

14 Italy subject to that maximum lease amount;

15 and

16 ‘‘(B) the Secretary of the Army may lease

17 not more than 500 units of family housing in

18 Italy and not more than 800 units of family

19 housing in Korea subject to that maximum

20 lease amount.’’.

21 SEC. 956. PILOT PROGRAM ON SEPARATE NOTICE BY FED22 ERAL AGENCY PRIOR TO GARNISHMENT FOR

23 CHILD SUPPORT AND ALIMONY.

24 (a) IN GENERAL.—The Secretary of Defense may

25 conduct a pilot program in which the Secretary’s agent
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1 for purposes of providing notice and taking action to en2 force obligations for child support and alimony under sec3 tion 459 of the Social Security Act (42 U.S.C. 659) would

4 be exempt from providing ‘‘a copy of the notice or service’’

5 as required by subparagraph 459(c)(2)(A) of such Act.

6 (b) REQUIREMENTS.—The notice to the individual

7 shall comply with all provisions of law except for the provi8 sion of a copy of the notice or service noted in subsection

9 (a), shall be in writing, and shall describe the pertinent

10 court order, notice to withhold, or other order or process

11 received by the Secretary’s agent to enforce child support

12 and alimony obligations. Such information also shall in13 clude the identity of the court or judicial forum ordering

14 the support obligation, the case number, the amount of

15 the obligation, and the name of the beneficiary. The notice

16 also shall contain an address and telephone number where

17 a copy of the notice or service may be obtained upon the

18 request of an individual.

19 (c) REPORT.—The Secretary shall submit a report to

20 the Speaker of the House of Representatives and the

21 President of the Senate describing the program. Such re22 port shall be provided by April 1, 2001 and shall include

23 the number of notices provided during the period of the

24 pilot program; the number of individuals who requested

25 copies of the actual notice or service; and any complaints
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1 the Secretary or his agent may receive by not providing

2 the actual notice or service.

3 (d) PERIOD OF PILOT PROGRAM.—The pilot program

4 shall begin within 90 days of the enactment of this Act

5 and shall remain in effect through September 30, 2000.

6 SEC. 957. LONG-TERM CHARTER OF THREE VESSELS IN

7 SUPPORT OF SUBMARINE RESCUE, ESCORT,

8 AND TOWING.

9 The Secretary of the Navy may to enter into a long10 term charter or into long-term charters, in accordance

11 with section 2401 of title 10, United States Code, for

12 three vessels (CAROLYN CHOUEST, United States offi13 cial number D102057; KELLIE CHOUEST, United

14 States official number D1038519; DOLORES

15 CHOUEST, United States official number D600288) to

16 support the rescue, escort, and towing of submarines.

Æ