H. R. 3616—210
to the regulations promulgated under subsection (k) of that
section, to a member of the Armed Forces) upon the receipt
by the DOD section 5520a agent of legal process covered by
that section.
(e) ALTERNATIVE REQUIREMENTS.—The information referred to
in subsection (c) that is to be included as part of a section 459
notice or section 5520a notice sent to an individual (in lieu of
sending with that notice a copy of the notice or service received
by the DOD section 459 agent or the DOD section 5520a agent)
is the following:
(1) A description of the pertinent court order, notice to
withhold, or other order, process, or interrogatory received by
the DOD section 459 agent or the DOD section 5520a agent.
(2) The identity of the court or judicial forum involved
and (in the case of a notice or process concerning the ordering
of a support or alimony obligation) the case number, the amount
of the obligation, and the name of the beneficiary.
(3) Information on how the individual may obtain from
the Department of Defense a copy of the notice, service, or
legal process, including an address and telephone number that
the individual may be contacted for the purpose of obtaining
such a copy.
(f ) PERIOD OF PILOT PROGRAM.—The Secretary shall commence
the pilot program not later than 90 days after the date of the
enactment of this Act. The pilot program shall terminate on Septem-
ber 30, 2001.
(g) REPORT.—Not later than January 1, 2001, the Secretary
shall submit to Congress a report describing the experience of
the Department of Defense under the authority provided by this
section. The report shall include the following:
(1) The number of section 459 notices provided by the
DOD section 459 agent during the period the authority provided
by this section was in effect.
(2) The number of individuals who requested the DOD
section 459 agent to provide to them a copy of the actual
notice or service.
(3) Any complaint the Secretary received by reason of not
having provided the actual notice or service in the section
459 notice.
(4) The number of section 5520a notices provided by the
DOD section 5520a agent during the period the authority pro-
vided by this section was in effect.
(5) The number of individuals who requested the DOD
section 5520a agent to provide to them a copy of the actual
legal process.
(6) Any complaint the Secretary received by reason of not
having provided the actual legal process in the section 5520a
notice.
SEC. 1062. TRAINING OF SPECIAL OPERATIONS FORCES WITH
FRIENDLY FOREIGN FORCES.
(a) REQUIREMENT
FOR PRIOR APPROVAL
OF SECRETARY
OF
DEFENSE.—Subsection (c) of section 2011 of title 10, United States
Code, is amended by inserting after the first sentence the following
new sentence: ‘‘The regulations shall require that training activities
may be carried out under this section only with the prior approval
of the Secretary of Defense.’’.
H. R. 3616—211
(b) ELEMENTS OF ANNUAL REPORT.—Subsection (e) of such sec-
tion is amended by adding at the end the following new paragraphs:
‘‘(5) A summary of the expenditures under this section
resulting from the training for which expenses were paid under
this section.
‘‘(6) A discussion of the unique military training benefit
to United States special operations forces derived from the
training activities for which expenses were paid under this
section.’’.
SEC. 1063. RESEARCH GRANTS COMPETITIVELY AWARDED TO SERVICE
ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of
title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 4358. Grants for faculty research for scientific, literary,
and educational purposes: acceptance; author-
ized grantees
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Army may authorize the Superintendent of the Academy to accept
qualifying research grants under this section. Any such grant may
only be accepted if the work under the grant is to be carried
out by a professor or instructor of the Academy for a scientific,
literary, or educational purpose.
‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY
BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The Superintendent shall use the funds
in the account in accordance with applicable regulations and the
terms and conditions of the grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Academy may be used to pay expenses incurred by the Academy
in applying for, and otherwise pursuing, award of a qualifying
research grant.
‘‘(f ) REGULATIONS.—The Secretary of the Army shall prescribe
regulations for the administration of this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘4358. Grants for faculty research for scientific, literary, and educational purposes:
acceptance; authorized grantees.’’.
(b) UNITED STATES NAVAL ACADEMY.—(1) Chapter 603 of title
10, United States Code, is amended by adding at the end the
following new section:
H. R. 3616—212
‘‘§ 6977. Grants for faculty research for scientific, literary,
and educational purposes: acceptance; author-
ized grantees
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Navy may authorize the Superintendent of the Academy to accept
qualifying research grants under this section. Any such grant may
only be accepted if the work under the grant is to be carried
out by a professor or instructor of the Academy for a scientific,
literary, or educational purpose.
‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY
BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The Superintendent shall use the funds
in the account in accordance with applicable regulations and the
terms and conditions of the grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Academy may be used to pay expenses incurred by the Academy
in applying for, and otherwise pursuing, award of a qualifying
research grant.
‘‘(f ) REGULATIONS.—The Secretary of the Navy shall prescribe
regulations for the administration of this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘6977. Grants for faculty research for scientific, literary, and educational purposes:
acceptance; authorized grantees.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 of
title 10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 9357. Grants for faculty research for scientific, literary,
and educational purposes: acceptance; author-
ized grantees
‘‘(a) ACCEPTANCE OF RESEARCH GRANTS.—The Secretary of the
Air Force may authorize the Superintendent of the Academy to
accept qualifying research grants under this section. Any such
grant may only be accepted if the work under the grant is to
be carried out by a professor or instructor of the Academy for
a scientific, literary, or educational purpose.
‘‘(b) QUALIFYING GRANTS.—A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research project
with a scientific, literary, or educational purpose.
‘‘(c) ENTITIES FROM WHICH GRANTS MAY
BE ACCEPTED.—A
grant may be accepted under this section only from a corporation,
fund, foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or edu-
cational purposes.
H. R. 3616—213
‘‘(d) ADMINISTRATION OF GRANT FUNDS.—The Secretary shall
establish an account for administering funds received as research
grants under this section. The Superintendent shall use the funds
in the account in accordance with applicable regulations and the
terms and conditions of the grants received.
‘‘(e) RELATED EXPENSES.—Subject to such limitations as may
be provided in appropriations Acts, appropriations available for
the Academy may be used to pay expenses incurred by the Academy
in applying for, and otherwise pursuing, award of a qualifying
research grant.
‘‘(f ) REGULATIONS.—The Secretary of the Air Force shall pre-
scribe regulations for the administration of this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘9357. Grants for faculty research for scientific, literary, and educational purposes:
acceptance; authorized grantees.’’.
SEC. 1064. DEPARTMENT OF DEFENSE USE OF FREQUENCY SPECTRUM.
(a) FINDING.—Congress finds that the report submitted to Con-
gress by the Secretary of Defense on April 2, 1998, regarding
the reallocation of the frequency spectrum used or dedicated to
the Department of Defense and the intelligence community does
not include a discussion of the costs to the Department of Defense
that are associated with past and potential future reallocations
of the frequency spectrum, although such a discussion was to be
included in the report as directed in connection with the enactment
of the National Defense Authorization Act for Fiscal Year 1998.
(b) ADDITIONAL REPORT.—The Secretary of Defense shall, not
later than October 31, 1998, submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report that discusses the costs
referred to in subsection (a).
(c) RELOCATION OF FEDERAL FREQUENCIES.—Section 113(g)(1)
of the National Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 923(g)(1)) is amended—
(1) by striking out ‘‘(1) IN GENERAL.—In order’’ and insert-
ing in lieu thereof the following:
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORITY OF FEDERAL ENTITIES TO ACCEPT COM-
PENSATION.—In order’’;
(2) in subparagraph (A), as so designated, by striking out
the second, third, and fourth sentences and inserting in lieu
thereof the following: ‘‘Any such Federal entity which proposes
to so relocate shall notify the NTIA, which in turn shall notify
the Commission, before the auction concerned of the marginal
costs anticipated to be associated with such relocation or with
modifications necessary to accommodate prospective licensees.
The Commission in turn shall notify potential bidders of the
estimated relocation or modification costs based on the
geographic area covered by the proposed licenses before the
auction.’’; and
(3) by adding at the end the following:
‘‘(B) REQUIREMENT
TO
COMPENSATE
FEDERAL
ENTI-
TIES.—Any person on whose behalf a Federal entity incurs
costs under subparagraph (A) shall compensate the Federal
entity in advance for such costs. Such compensation may
take the form of a cash payment or in-kind compensation.
H. R. 3616—214
‘‘(C) DISPOSITION OF PAYMENTS.—
‘‘(i) PAYMENT BY ELECTRONIC FUNDS TRANSFER.—
A person making a cash payment under this paragraph
shall make the cash payment by depositing the amount
of the payment by electronic funds transfer in the
account of the Federal entity concerned in the Treasury
of the United States or in another account as author-
ized by law.
‘‘(ii) AVAILABILITY.—Subject to the provisions of
authorization Acts and appropriations Acts, amounts
deposited under this subparagraph shall be available
to the Federal entity concerned to pay directly the
costs of relocation under this paragraph, to repay or
make advances to appropriations or funds which do
or will initially bear all or part of such costs, or to
refund excess sums when necessary.
‘‘(D) APPLICATION TO CERTAIN OTHER RELOCATIONS.—
The provisions of this paragraph also apply to any Federal
entity that operates a Federal Government station assigned
to used electromagnetic spectrum identified for reallocation
under subsection (a) if before August 5, 1997, the Commis-
sion has not identified that spectrum for service or assigned
licenses or otherwise authorized service for that spectrum.
‘‘(E) IMPLEMENTATION
PROCEDURES.—The NTIA and
the 
Commission 
shall 
develop 
procedures 
for 
the
implementation of this paragraph, which procedures shall
include a process for resolving any differences that arise
between the Federal Government and commercial licensees
regarding estimates of relocation or modification costs
under this paragraph.
‘‘(F) INAPPLICABILITY TO CERTAIN RELOCATIONS.—With
the exception of the band of frequencies located at 1710–
1755 megahertz, the provisions of this paragraph shall
not apply to Federal spectrum identified for reallocation
in the first reallocation report submitted to the President
and Congress under subsection (a).’’.
(d) REPORTS ON COSTS OF RELOCATIONS.—The head of each
department or agency of the Federal Government shall include
in the annual budget submission of such department or agency
to the Director of the Office of Management and Budget a report
assessing the costs to be incurred by such department or agency
as a result of any frequency relocations of such department or
agency that are anticipated under section 113 of the National
Telecommunications Information Administration Organization Act
(47 U.S.C. 923) as of the date of such report.
SEC. 1065. DEPARTMENT OF DEFENSE AVIATION ACCIDENT INVES-
TIGATIONS.
(a) REPORT REQUIRED.—Not later than March 31, 1999, the
Secretary of Defense shall submit to Congress a report on the
roles of the Office of the Secretary of Defense and of the Joint
Staff in the investigation of Department of Defense aviation
accidents.
(b) CONTENT
OF
REPORT.—The report shall include the
following:
H. R. 3616—215
(1) An assessment of whether the Office of the Secretary
of Defense and the Joint Staff should have more direct involve-
ment in the investigation of military aviation accidents.
(2) The advisability of the Office of the Secretary of Defense,
the Joint Staff, or another Department of Defense entity
independent of the military departments supervising the con-
duct of aviation accident investigations.
(3) An assessment of the minimum training and experience
required for aviation accident investigation board presidents
and board members.
(4) An assessment whether or not the procedures for shar-
ing the results of military aviation accident investigations
among the military departments should be improved.
(5) An assessment of the advisability of centralized training
and instruction for military aircraft accident investigators.
(c) UNIFORM REGULATIONS FOR PROVISION OF ACCIDENT INVES-
TIGATION UPDATE INFORMATION.—The Secretary of Defense shall
prescribe regulations, which shall be applied uniformly across the
Department of Defense, establishing procedures by which the mili-
tary departments shall provide to the family members of any person
involved in a military aviation accident periodic update reports
on the conduct and progress of investigations into the accident.
SEC. 1066. INVESTIGATION OF ACTIONS RELATING TO 174TH FIGHTER
WING OF NEW YORK AIR NATIONAL GUARD.
(a) INVESTIGATION.—The Inspector General of the Department
of Defense shall conduct a new investigation into the circumstances
that led to the December 1, 1995, grounding of the 174th Fighter
Wing of the New York Air National Guard. The investigation shall
review those circumstances, examine the administrative and dis-
ciplinary actions taken against members of that wing, and deter-
mine whether those administrative and disciplinary measures were
appropriate.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Inspector General shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
describing the results of the investigation under subsection (a).
SEC. 1067. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE
KOREAN WAR.
(a) LIMITATION ON EXPENDITURES.—Subsection (f ) of section
1083 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 1918; 10 U.S.C. 113 note)
is amended to read as follows:
‘‘(f ) LIMITATION ON EXPENDITURES.—The total amount expended
by the Department of Defense to carry out the commemorative
program for fiscal year 1999 may not exceed $1,820,000.’’.
(b) 
REDESIGNATION
OF
COMMEMORATION
ACCOUNT.—The
account in the Treasury known as the ‘‘Department of Defense
Korean Conflict Commemoration Account’’ is redesignated as the
‘‘Department of Defense Korean War Commemoration Account’’.
(c) OTHER REFERENCES TO KOREAN WAR.—Such section is fur-
ther amended—
(1) in the section heading, by striking out ‘‘KOREAN CON-
FLICT’’ and inserting in lieu thereof ‘‘KOREAN WAR’’;
(2) by striking out ‘‘Korean conflict’’ each place it appears
and inserting in lieu thereof ‘‘Korean War’’;
H. R. 3616—216
(3) in subsection (c), by striking out ‘‘names ‘The Depart-
ment of Defense Korean Conflict Commemoration’,’’ and insert-
ing in lieu thereof ‘‘name the ‘Department of Defense Korean
War Commemoration’,’’; and
(4) in subsection (d)(1), by striking out ‘‘Korean Conflict’’
and inserting in lieu thereof ‘‘Korean War’’.
(d) CROSS REFERENCES.—Any reference to the Department of
Defense Korean Conflict Commemoration or the Department of
Defense Korean Conflict Commemoration Account in any law, regu-
lation, document, record, or other paper of the United States shall
be considered to be a reference to the Department of Defense
Korean War Commemoration or the Department of Defense Korean
War Commemoration Account, respectively.
SEC. 
1068. 
DESIGNATION 
OF 
AMERICA’S 
NATIONAL 
MARITIME
MUSEUM.
(a) IN GENERAL.—America’s National Maritime Museum is com-
prised of those museums designated by law to be museums of
America’s National Maritime Museum on the basis that they—
(1) house a collection of maritime artifacts clearly rep-
resenting the Nation’s maritime heritage; and
(2) provide outreach programs to educate the public about
the Nation’s maritime heritage.
(b) INITIAL DESIGNATION OF MUSEUMS.—The following muse-
ums (meeting the criteria specified in subsection (a)) are hereby
designated as museums of America’s National Maritime Museum:
(1) The Mariners’ Museum, located at 100 Museum Drive,
Newport News, Virginia.
(2) The South Street Seaport Museum, located at 207 Front
Street, New York, New York.
(c) FUTURE
DESIGNATION
OF
OTHER
MUSEUMS
NOT
PRE-
CLUDED.—The designation of the museums referred to in subsection
(b) as museums of America’s National Maritime Museum does not
preclude the designation by law after the date of the enactment
of this Act of any other museum that meets the criteria specified
in subsection (a) as a museum of America’s National Maritime
Museum.
(d) REFERENCE TO MUSEUMS.—Any reference in any law, map,
regulation, document, paper, or other record of the United States
to a museum designated by law to be a museum of America’s
National Maritime Museum shall be deemed to be a reference
to that museum as a museum of America’s National Maritime
Museum.
SEC. 1069. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) The item relating to section 484 in the table of sections
at the beginning of chapter 23 is amended to read as follows:
‘‘484. Annual report on aircraft inventory.’’.
(2) Section 517(a) is amended by striking out ‘‘Except as
provided in section 307 of title 37, the’’ and inserting in lieu
thereof ‘‘The’’.
(3) The item relating to section 2302c in the table of sec-
tions at the beginning of chapter 137 is amended to read
as follows:
‘‘2302c. Implementation of electronic commerce capability.’’.
H. R. 3616—217
(4) The table of subchapters at the beginning of chapter
148 is amended—
(A) by striking out ‘‘2491’’ in the item relating to sub-
chapter I and inserting in lieu thereof ‘‘2500’’; and
(B) by striking out the item relating to subchapter
IV and inserting in lieu thereof the following:
‘‘IV. Manufacturing Technology ......................................................................
2521’’.
(5) The subchapter heading for subchapter IV of chapter
148 is amended to read as follows:
‘‘SUBCHAPTER IV—MANUFACTURING TECHNOLOGY’’
(6) Section 7045(c) is amended by striking out ‘‘the’’ after
‘‘are subject to’’.
(7) Section 7572(b) is repealed.
(8) Section 12683(b)(2) is amended by striking out ‘‘; or’’
at the end and inserting in lieu thereof a period.
(b) PUBLIC LAW 105–85.—Effective as of November 18, 1997,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85) is
amended as follows:
(1) Section 389(g) (111 Stat. 1715) is amended by striking
out ‘‘Secretary of Defense’’ and inserting in lieu thereof
‘‘Comptroller General’’.
(2) Section 1006(a) (111 Stat. 1869) is amended by striking
out ‘‘or’’ in the quoted matter and inserting in lieu thereof
‘‘and’’.
(3) Section 3133(b)(3) (111 Stat. 2036) is amended by strik-
ing out ‘‘III’’ and inserting in lieu thereof ‘‘XIV’’.
(c) DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION ACT
OF 1996.—The Defense Against Weapons of Mass Destruction Act
of 1996 (title XIV of Public Law 104–201) is amended as follows:
(1) Section 1423(b)(4) (50 U.S.C. 2332(b)(4); 110 Stat. 2726)
is amended by striking out ‘‘(22 U.S.C. 2156a(c))’’ and inserting
in lieu thereof ‘‘(42 U.S.C. 2139a(c))’’.
(2) Section 1441(b)(2) (50 U.S.C. 2351(b)(2); 110 Stat. 2727)
is amended by striking out ‘‘established under section 1342’’
and inserting in lieu thereof ‘‘of the National Security Council’’.
(3) Section 1444 (50 U.S.C. 2354; 110 Stat. 2730) is amend-
ed by striking out ‘‘1341’’ and ‘‘1342’’ and inserting in lieu
thereof ‘‘1441’’ and ‘‘1442’’, respectively.
(4) Section 1453(1) (50 U.S.C. 2363(1); 110 Stat. 2730)
is amended by striking out ‘‘the National Defense Authorization
Act for Fiscal Years 1993 and 1994’’ and inserting in lieu
thereof ‘‘title XIV of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C. 5901
et seq.)’’.
(d) OTHER ACTS.—
(1) Section 18(c)(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(c)(1)) is amended by striking out
the period at the end of subparagraph (A) and inserting in
lieu thereof a semicolon.
(2) Section 3(c)(2) of Public Law 101–533 (22 U.S.C.
3142(c)(2)) is amended by striking out ‘‘included in the most
recent plan submitted to the Congress under section 2506 of
title 10’’ and inserting in lieu thereof ‘‘identified in the most
recent assessment prepared under section 2505 of title 10’’.
H. R. 3616—218
(e) COORDINATION WITH OTHER AMENDMENTS.—For purposes
of applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as having
been enacted immediately before the other provisions of this Act.
Subtitle H—Other Matters
SEC. 1071. ACT CONSTITUTING PRESIDENTIAL APPROVAL OF VESSEL
WAR RISK INSURANCE REQUESTED BY THE SECRETARY
OF DEFENSE.
(a) IN GENERAL.—Section 1205(b) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1285(b)), is amended by adding at the end
the following new sentence: ‘‘The signature of the President (or
of an official designated by the President) on the agreement shall
be treated as an expression of the approval required under section
1202(a) to provide the insurance.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply only to a signature of the President (or of an official
designated by the President) on or after the date of the enactment
of this Act.
SEC. 1072. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUC-
TION ACT OF 1950.
(a) EXTENSION OF TERMINATION DATE.—Section 717(a) of the
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended
by striking ‘‘September 30, 1998’’ and inserting ‘‘September 30,
1999’’.
(b) EXTENSION
OF
AUTHORIZATION.—Section 711(b) of the
Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended
by striking ‘‘and 1998’’ and inserting ‘‘1998, and 1999’’.
SEC. 1073. REQUIREMENT THAT BURIAL FLAGS FURNISHED BY THE
SECRETARY OF VETERANS AFFAIRS BE WHOLLY PRO-
DUCED IN THE UNITED STATES.
(a) REQUIREMENT.—Section 2301 of title 38, United States Code,
as amended by section 517, is further amended by adding at the
end the following new subsection:
‘‘(g)(1) The Secretary may not procure any flag for the purposes
of this section that is not wholly produced in the United States.
‘‘(2)(A) The Secretary may waive the requirement of paragraph
(1) if the Secretary determines—
‘‘(i) that the requirement cannot be reasonably met; or
‘‘(ii) that compliance with the requirement would not be
in the national interest of the United States.
‘‘(B) The Secretary shall submit to Congress in writing notice
of a determination under subparagraph (A) not later than 30 days
after the date on which such determination is made.
‘‘(3) For the purpose of paragraph (1), a flag shall be considered
to be wholly produced in the United States only if—
‘‘(A) the materials and components of the flag are entirely
grown, manufactured, or created in the United States;
‘‘(B) the processing (including spinning, weaving, dyeing,
and finishing) of such materials and components is entirely
performed in the United States; and
‘‘(C) the manufacture and assembling of such materials
and components into the flag is entirely performed in the United
States.’’.
H. R. 3616—219
(b) EFFECTIVE DATE.—Subsection (g) of section 2301 of title
38, United States Code, as added by subsection (a), shall apply
to flags procured by the Secretary of Veterans Affairs for the pur-
poses of section 2301 of title 38, United States Code, after the
end of the 30-day period beginning on the date of the enactment
of this Act.
SEC. 1074. SENSE OF CONGRESS CONCERNING TAX TREATMENT OF
PRINCIPAL RESIDENCE OF MEMBERS OF ARMED FORCES
WHILE AWAY FROM HOME ON ACTIVE DUTY.
It is the sense of Congress that a member of the Armed Forces
should be treated for purposes of section 121 of the Internal Revenue
Code of 1986 as using property as a principal residence during
any continuous period that the member is serving on active duty
for 180 days or more with the Armed Forces, but only if the
member used the property as a principal residence for any period
during or immediately before that period of active duty.
SEC. 1075. CLARIFICATION OF STATE AUTHORITY TO TAX COMPENSA-
TION PAID TO CERTAIN EMPLOYEES.
(a) LIMITATION ON STATE AUTHORITY TO TAX COMPENSATION
PAID TO INDIVIDUALS PERFORMING SERVICES AT FORT CAMPBELL,
KENTUCKY.—
(1) IN GENERAL.—Chapter 4 of title 4, United States Code,
is amended by adding at the end the following:
‘‘§ 115. Limitation on State authority to tax compensation
paid to individuals performing services at Fort
Campbell, Kentucky
‘‘Pay and compensation paid to an individual for personal serv-
ices at Fort Campbell, Kentucky, shall be subject to taxation by
the State or any political subdivision thereof of which such employee
is a resident.’’.
(2) CONFORMING AMENDMENT.—The table of sections for
chapter 4 of title 4, United States Code, is amended by adding
at the end the following:
‘‘115. Limitation on State authority to tax compensation paid to individuals perform-
ing services at Fort Campbell, Kentucky.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to pay and compensation paid after the
date of the enactment of this Act.
(b) CLARIFICATION OF STATE AUTHORITY TO TAX COMPENSATION
PAID TO CERTAIN FEDERAL EMPLOYEES.—
(1) IN GENERAL.—Section 111 of title 4, United States Code,
is amended—
(A) by inserting ‘‘(a) GENERAL RULE.—’’ before ‘‘The
United States’’ the first place it appears; and
(B) by adding at the end the following:
‘‘(b) TREATMENT OF CERTAIN FEDERAL EMPLOYEES EMPLOYED
AT FEDERAL HYDROELECTRIC FACILITIES LOCATED ON THE COLUMBIA
RIVER.—Pay or compensation paid by the United States for personal
services as an employee of the United States at a hydroelectric
facility—
‘‘(1) which is owned by the United States;
‘‘(2) which is located on the Columbia River; and
‘‘(3) portions of which are within the States of Oregon
and Washington,
H. R. 3616—220
shall be subject to taxation by the State or any political subdivision
thereof of which such employee is a resident.
‘‘(c) TREATMENT OF CERTAIN FEDERAL EMPLOYEES EMPLOYED
AT FEDERAL HYDROELECTRIC FACILITIES LOCATED ON THE MISSOURI
RIVER.—Pay or compensation paid by the United States for personal
services as an employee of the United States at a hydroelectric
facility—
‘‘(1) which is owned by the United States;
‘‘(2) which is located on the Missouri River; and
‘‘(3) portions of which are within the States of South Dakota
and Nebraska,
shall be subject to taxation by the State or any political subdivision
thereof of which such employee is a resident.’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to pay and compensation paid after the
date of the enactment of this Act.
TITLE XI—DEPARTMENT OF DEFENSE
CIVILIAN PERSONNEL
Sec. 1101. Defense Advanced Research Projects Agency experimental personnel
management program for technical personnel.
Sec. 1102. Maximum pay rate comparability for faculty members of the United
States Air Force Institute of Technology.
Sec. 1103. Authority for release to Coast Guard of drug test results of civil service
mariners of the Military Sealift Command.
Sec. 1104. Limitations on back pay awards.
Sec. 1105. Restoration of annual leave accumulated by civilian employees at instal-
lations in the Republic of Panama to be closed pursuant to the Panama
Canal Treaty of 1977.
Sec. 1106. Repeal of program providing preference for employment of military
spouses in military child care facilities.
Sec. 1107. Observance of certain holidays at duty posts outside the United States.
Sec. 1108. Continuation of random drug testing program for certain Department of
Defense employees.
Sec. 1109. Department of Defense employee voluntary early retirement authority.
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM
FOR TECHNICAL PERSONNEL.
(a) PROGRAM AUTHORIZED.—During the 5-year period beginning
on the date of the enactment of this Act, the Secretary of Defense
may carry out a program of experimental use of the special person-
nel management authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or engineering
for research and development projects administered by the Defense
Advanced Research Projects Agency.
(b) SPECIAL PERSONNEL MANAGEMENT AUTHORITY.—Under the
program, the Secretary may—
(1) appoint scientists and engineers from outside the civil
service and uniformed services (as such terms are defined in
section 2101 of title 5, United States Code) to not more than
20 scientific and engineering positions in the Defense Advanced
Research Projects Agency without regard to any provision of
title 5, United States Code, governing the appointment of
employees in the civil service;
(2) prescribe the rates of basic pay for positions to which
employees are appointed under paragraph (1) at rates not in
excess of the maximum rate of basic pay authorized for senior-
H. R. 3616—221
level positions under section 5376 of title 5, United States
Code, notwithstanding any provision of such title governing
the rates of pay or classification of employees in the executive
branch; and
(3) pay any employee appointed under paragraph (1) pay-
ments in addition to basic pay within the limit applicable
to the employee under subsection (d)(1).
(c) LIMITATION ON TERM OF APPOINTMENT.—(1) Except as pro-
vided in paragraph (2), the service of an employee under an appoint-
ment under subsection (b)(1) may not exceed 4 years.
(2) The Secretary may, in the case of a particular employee,
extend the period to which service is limited under paragraph
(1) by up to 2 years if the Secretary determines that such action
is necessary to promote the efficiency of the Defense Advanced
Research Projects Agency.
(d) LIMITATIONS
ON ADDITIONAL PAYMENTS.—(1) The total
amount of the additional payments paid to an employee under
subsection (b)(3) for any 12-month period may not exceed the least
of the following amounts:
(A) $25,000.
(B) The amount equal to 25 percent of the employee’s
annual rate of basic pay.
(C) The amount of the limitation that is applicable for
a calendar year under section 5307(a)(1) of title 5, United
States Code.
(2) An employee appointed under subsection (b)(1) is not eligible
for any bonus, monetary award, or other monetary incentive for
service except for payments authorized under subsection (b)(3).
(e) PERIOD OF PROGRAM.—(1) The program authorized under
this section shall terminate at the end of the 5-year period referred
to in subsection (a).
(2) After the termination of the program—
(A) no appointment may be made under paragraph (1)
of subsection (b);
(B) a rate of basic pay prescribed under paragraph (2)
of that subsection may not take effect for a position; and
(C) no period of service may be extended under subsection
(c)(1).
(f ) SAVINGS PROVISIONS.—In the case of an employee who,
on the day before the termination of the program, is serving in
a position pursuant to an appointment under subsection (b)(1)—
(1) the termination of the program does not terminate
the employee’s employment in that position before the expira-
tion of the lesser of—
(A) the period for which the employee was appointed;
or
(B) the period to which the employee’s service is limited
under subsection (c), including any extension made under
paragraph (2) of that subsection before the termination
of the program; and
(2) the rate of basic pay prescribed for the position under
subsection (b)(2) may not be reduced for so long (within the
period applicable to the employee under paragraph (1)) as the
employee continues to serve in the position without a break
in service.
(g) ANNUAL REPORT.—(1) Not later than October 15 of each
year, beginning in 1999 and ending in 2004, the Secretary of
H. R. 3616—222
Defense shall submit a report on the program to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives. The report submitted
in a year shall cover the 12-month period ending on the day before
the anniversary, in that year, of the date of the enactment of
this Act.
(2) The annual report shall contain, for the period covered
by the report, the following:
(A) A detailed discussion of the exercise of authority under
this section.
(B) The sources from which individuals appointed under
subsection (b)(1) were recruited.
(C) The methodology used for identifying and selecting
such individuals.
(D) Any additional information that the Secretary considers
helpful for assessing the utility of the authority under this
section.
SEC. 1102. MAXIMUM PAY RATE COMPARABILITY FOR FACULTY MEM-
BERS OF THE UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY.
Section 9314(b)(2)(B) of title 10, United States Code, is amended
by striking out ‘‘section 5306(e)’’ and inserting in lieu thereof ‘‘sec-
tion 5373’’.
SEC. 1103. AUTHORITY FOR RELEASE TO COAST GUARD OF DRUG TEST
RESULTS OF CIVIL SERVICE MARINERS OF THE MILITARY
SEALIFT COMMAND.
(a) IN GENERAL.—Chapter 643 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 7479. Civil service mariners of Military Sealift Command:
release of drug test results to Coast Guard
‘‘(a) RELEASE OF DRUG TEST RESULTS TO COAST GUARD.—The
Secretary of the Navy may release to the Commandant of the
Coast Guard the results of a drug test of any employee of the
Department of the Navy who is employed in any capacity on board
a vessel of the Military Sealift Command. Any such release shall
be in accordance with the standards and procedures applicable
to the disclosure and reporting to the Coast Guard of drug tests
results and drug test records of individuals employed on vessels
documented under the laws of the United States.
‘‘(b) WAIVER.—The results of a drug test of an employee may
be released under subsection (a) without the prior written consent
of the employee that is otherwise required under section 503(e)
of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘7479. Civil service mariners of Military Sealift Command: release of drug test
results to Coast Guard.’’.
SEC. 1104. LIMITATIONS ON BACK PAY AWARDS.
(a) In General.—Section 5596(b) of title 5, United States Code,
is amended—
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new para-
graph:
H. R. 3616—223
‘‘(4) The pay, allowances, or differentials granted under this
section for the period for which an unjustified or unwarranted
personnel action was in effect shall not exceed that authorized
by the applicable law, rule, regulations, or collective bargaining
agreement under which the unjustified or unwarranted personnel
action is found, except that in no case may pay, allowances, or
differentials be granted under this section for a period beginning
more than 6 years before the date of the filing of a timely appeal
or, absent such filing, the date of the administrative determina-
tion.’’.
(b) CONFORMING AMENDMENT.—Section 7121 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(h) Settlements and awards under this chapter shall be subject
to the limitations in section 5596(b)(4) of this title.’’.
SEC. 1105. RESTORATION OF ANNUAL LEAVE ACCUMULATED BY
CIVILIAN EMPLOYEES AT INSTALLATIONS IN THE REPUB-
LIC OF PANAMA TO BE CLOSED PURSUANT TO THE PAN-
AMA CANAL TREATY OF 1977.
Section 6304(d)(3)(A) of title 5, United States Code, is amended
by inserting ‘‘the closure of an installation of the Department of
Defense in the Republic of Panama in accordance with the Panama
Canal Treaty of 1977,’’ after ‘‘2687 note) during any period,’’.
SEC. 1106. REPEAL OF PROGRAM PROVIDING PREFERENCE FOR
EMPLOYMENT OF MILITARY SPOUSES IN MILITARY
CHILD CARE FACILITIES.
Section 1792 of title 10, United States Code, is amended—
(1) by striking out subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 1107. OBSERVANCE OF CERTAIN HOLIDAYS AT DUTY POSTS OUT-
SIDE THE UNITED STATES.
Section 6103(b) of title 5, United States Code, is amended
by inserting after paragraph (2) the following new paragraph:
‘‘(3) Instead of a holiday that is designated under subsection
(a) to occur on a Monday, for an employee at a duty post
outside the United States whose basic workweek is other than
Monday through Friday, and for whom Monday is a regularly
scheduled workday, the legal public holiday is the first workday
of the workweek in which the Monday designated for the observ-
ance of such holiday under subsection (a) occurs.’’.
SEC. 1108. CONTINUATION OF RANDOM DRUG TESTING PROGRAM FOR
CERTAIN DEPARTMENT OF DEFENSE EMPLOYEES.
(a) CONTINUATION OF EXISTING PROGRAM.—The Secretary of
Defense shall continue to actively carry out the drug testing pro-
gram, originally required by section 3(a) of Executive Order No.
12564 (51 Fed. Reg. 32889; September 15, 1986), involving civilian
employees of the Department of Defense who are considered to
be employees in sensitive positions. The Secretary shall comply
with the drug testing procedures prescribed pursuant to section
4 of the Executive order.
(b) TESTING UPON REASONABLE SUSPICION OF ILLEGAL DRUG
USE.—The Secretary of Defense shall ensure that the drug testing
program referred to in subsection (a) authorizes the testing of
a civilian employee of the Department of Defense for illegal drug