Subtitle C—Civilian Personnel
SEC. 321. PAY PRACTICES WHEN OVERSEAS TEACHERS
TRANSFER TO GENERAL SCHEDULE POSI-
TIONS.
Section 5334(d) of title 5, United States Code, is
amended by striking out ‘‘is deemed increased by 20 per-
cent’’ and inserting in lieu thereof ‘‘shall be increased by
such amount as may be authorized, if any, under regula-
tions issued by the Secretary of Defense, but not to exceed
20 percent,’’.
SEC. 322. USE OF APPROVED FIRE-SAFE ACCOMMODATIONS
BY GOVERNMENT EMPLOYEES ON OFFICIAL
BUSINESS.
(a) PERCENTAGE
USE
REQUIREMENT.—Section
5707a of title 5, United States Code, is amended—
(1) by redesignating subsections (a) through (d)
as subsections (b) through (e), respectively; and
(2) by inserting after the section heading the
following new subsection:
‘‘(a)(1) For the purpose of making payments under
this chapter for lodging expenses incurred in a State, each
agency shall ensure that not less than 90 percent of the
commercial-lodging room nights for employees of that
agency for a fiscal year are booked in approved places of
public accommodation.
‘‘(2) Each agency shall establish explicit procedures
to satisfy the percentage requirement of paragraph (1).’’.
(b) DEFINITIONS.—Such section is further amended
by adding at the end the following new subsection:
‘‘(f) For purposes of this section:
‘‘(1) The term ‘agency’ does not include the
government of the District of Columbia.
‘‘(2) The term ‘approved places of public ac-
commodation’ means hotels, motels, and other places
of public accommodation that are listed by the Fed-
eral Emergency Management Agency as meeting the
requirements of the fire prevention and control
guidelines described in section 29 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C.
2225).
‘‘(3) The term ‘State’ means any State, the
District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana
Islands, the Trust Territory of the Pacific Islands,
the Virgin Islands, Guam, American Samoa, or any
other territory or possession of the United States.’’.
(c) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in subsection (b), as redesignated by sub-
section (a)(1)—
(A) by striking out ‘‘places of public ac-
commodation that meet the requirements of the
fire prevention and control guidelines described
in section 29 of the Federal Fire Prevention
and Control Act of 1974’’ and inserting in lieu
thereof ‘‘approved places of public accommoda-
tion’’; and
(B) by striking out ‘‘as defined in section
4 of the Federal Fire Prevention and Control
Act of 1974’’;
(2) in subsection (c), as redesignated by sub-
section (a)(1), by striking out ‘‘does not meet the re-
quirements of the fire prevention and control guide-
lines described in section 29 of the Federal Fire Pre-
vention and Control Act of 1974’’ and inserting in
lieu thereof ‘‘is not an approved place of public ac-
commodation’’; and
(3) in subsection (e), as redesignated by sub-
section (a)(1)—
(A) by striking out ‘‘encourage’’ and in-
serting in lieu thereof ‘‘facilitate the ability of ’’;
and
(B) by striking out ‘‘places of public ac-
commodation that meet the requirements of the
fire prevention and control guidelines described
in section 29 of the Federal Fire Prevention
and Control Act of 1974’’ and inserting in lieu
thereof ‘‘approved places of public accommoda-
tion’’.
(d) REPORT ON IMPLEMENTATION.—Not later than
March 31, 1998, the Administrator of General Services,
after consultation with the agencies covered by section
5707a of title 5, United States Code, shall submit to Con-
gress a report describing the procedures established by
each agency to satisfy the percentage requirement imposed
by subsection (a) of such section, as amended by this sec-
tion.
SEC. 323. VETERANS’ PREFERENCE STATUS FOR CERTAIN
VETERANS WHO SERVED ON ACTIVE DUTY
DURING THE PERSIAN GULF WAR.
(a) DEFINITION OF VETERAN FOR PURPOSES OF
PREFERENCE ELIGIBLE STATUS.—Section 2108 of title
5, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A);
(B) by inserting ‘‘or’’ at the end of sub-
paragraph (B); and
(C) by inserting after subparagraph (B)
the following new subparagraph:
‘‘(C) served on active duty as defined by
section 101(21) of title 38 in the armed forces
during the period beginning on August 2, 1990,
and ending on January 2, 1992;’’; and
(2) in paragraph (3)(B), by inserting ‘‘or (C)’’
after ‘‘paragraph (1)(B)’’.
(b) ADDITIONAL POINTS.—Section 3309(2) of such
title is amended by striking ‘‘2108(3)(A)’’ and inserting
‘‘2108(3)(A)–(B)’’.
(c) TECHNICAL AMENDMENTS.—Section 2108(1)(B)
of such title is further amended—
(1) by striking ‘‘the date of enactment of the
Veterans’ Education and Employment Assistance
Act of 1976,’’ and inserting ‘‘October 15, 1976,’’;
and
(2) by striking ‘‘511(d) of title 10’’ and insert-
ing ‘‘12103(d) of title 10’’.
Subtitle D—Depot-Level Activities
SEC. 331. EXTENSION OF AUTHORITY FOR AVIATION DE-
POTS AND NAVAL SHIPYARDS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
Section 1425(e) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–510; 104
Stat. 1684) is amended by striking out ‘‘September 30,
1997’’ and inserting in lieu thereof ‘‘September 30,
1999’’.
SEC. 332. EXCLUSION OF CERTAIN LARGE MAINTENANCE
AND REPAIR PROJECTS FROM PERCENTAGE
LIMITATION ON CONTRACTING FOR DEPOT-
LEVEL MAINTENANCE.
Section 2466 of title 10, United States Code, is
amended by inserting after subsection (a) the following
new subsection:
‘‘(b) TREATMENT OF CERTAIN LARGE PROJECTS.—
If a maintenance or repair project concerning an aircraft
carrier or submarine that is contracted for performance
by non-Federal Government personnel and that accounts
for five percent or more of the funds made available in
a fiscal year to a military department or a Defense Agency
for depot-level maintenance and repair workload, the
project and the funds necessary for the project shall not
be considered when applying the percentage limitation
specified in subsection (a) to that military department or
Defense Agency.’’.
SEC. 333. RESTRICTIONS ON CONTRACTS FOR PERFORM-
ANCE OF DEPOT-LEVEL MAINTENANCE AND
REPAIR AT CERTAIN FACILITIES.
(a) DEPOT-LEVEL MAINTENANCE AND REPAIR DE-
FINED.—(1) Chapter 146 of title 10, United States Code,
ment and facilities of the Department of De-
fense;
‘‘(C) all of the information upon which the
Secretary determined that the total costs to the
Government would be less under the contract is
available for examination; and
‘‘(D) none of the depot-level maintenance
and repair to be performed under the contract
was considered, before July 1, 1995, to be a
core logistics capability of the military depart-
ment concerned pursuant to section 2464 of
this title.
‘‘(3) CAPACITY OF DEPOT-LEVEL ACTIVITIES.—
For purposes of paragraph (2)(A), the capacity of
depot-level maintenance and repair activities shall be
considered to be the same as the maximum potential
capacity identified by the Defense Base Closure and
Realignment Commission for purposes of the selec-
tion in 1995 of military installations for closure or
realignment under the Defense Base Closure and
Realignment Act of 1990, without regard, after
1995, to any limitation on the maximum number of
Federal employees (expressed as full time equivalent
employees or otherwise), Federal employment levels,
or the actual availability of equipment to support
depot-level maintenance and repair.
‘‘(4) GAO REVIEW.—At the same time that the
Secretary submits the certification and analysis to
Congress under paragraph (2), the Secretary shall
submit a copy of the certification and analysis to the
Comptroller General. The Comptroller General shall
review the analysis and the information referred to
in subparagraph (C) of paragraph (2) and, not later
than 30 days after Congress receives the certifi-
cation, submit to Congress a report containing a
statement regarding whether the Comptroller Gen-
eral concurs with the determination of the Secretary
included in the certification pursuant to subpara-
graph (B) of that paragraph.
‘‘(5) 
APPLICATION.—This 
subsection 
shall
apply with respect to any contract described in para-
graph (1) that is entered into, or proposed to be en-
tered into, after January 1, 1997.’’.
SEC. 334. CORE LOGISTICS FUNCTIONS OF DEPARTMENT
OF DEFENSE.
Section 2464(a) of title 10, United States Code, is
amended—
(1) in paragraph (1), by striking out ‘‘a logis-
tics capability (including personnel, equipment, and
facilities)’’ and inserting in lieu thereof ‘‘a core lo-
gistics capability that is Government-owned and
Government-operated (including Government person-
nel and Government-owned and Government-oper-
ated equipment and facilities)’’;
(2) in paragraph (2), by striking out ‘‘the logis-
tics’’ and inserting in lieu thereof ‘‘the core logis-
tics’’; and
(3) by adding at the end the following new
paragraphs:
‘‘(3) Those core logistics activities identified under
paragraphs (1) and (2) shall include the capability, facili-
ties, and equipment to maintain and repair all types of
weapon systems and other military equipment that are
identified by the Secretary, in consultation with the Joint
Chiefs of Staff, as necessary to enable the armed forces
to fulfill the national military strategy, including the capa-
bility and capacity to maintain and repair any new mis-
sion-essential weapon system or materiel within four years
after the system or materiel achieves initial operational ca-
pability.
‘‘(4) The Secretary of Defense shall require the per-
formance of core logistics activities identified under para-
graphs (1), (2), and (3) at Government-owned, Govern-
ment-operated facilities of the Department of Defense (in-
cluding Government-owned, Government-operated facili-
ties of a military department) and shall assign such facili-
ties sufficient workload to ensure cost efficiency and tech-
nical proficiency in peacetime while preserving the surge
capacity and reconstitution capabilities necessary to meet
the military contingencies provided for in the national
military strategy.’’.
SEC. 335. CENTERS OF INDUSTRIAL AND TECHNICAL EX-
CELLENCE.
(a) DESIGNATION AND PURPOSE.—(1) Chapter 146
of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 2474. Centers of Industrial and Technical Excel-
lence: designation; public-private part-
nerships
‘‘(a) DESIGNATION.—(1) The Secretary of Defense
shall designate each depot-level activity of the military de-
partments and the Defense Agencies (other than facilities
approved for closure or major realignment under the De-
fense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note)) as a Center of Industrial and Technical Excellence
in the recognized core competencies of the activity.
‘‘(2) The Secretary shall establish a policy to encour-
age the Secretary of each military department and the
head of each Defense Agency to reengineer industrial
processes and adopt best-business practices at their depot-
level activities in connection with their core competency
requirements, so as to serve as recognized leaders in their
core competencies throughout the Department of Defense
and in the national technology and industrial base (as de-
fined in section 2500(1) of this title).
‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec-
retary of Defense shall enable Centers of Industrial and
Technical Excellence to form public-private partnerships
for the performance of depot-level maintenance and repair
and shall encourage the use of such partnerships to maxi-
mize the utilization of the capacity at such Centers.
‘‘(c) ADDITIONAL WORK.—The policy required under
subsection (a) shall include measures to enable a private
sector entity that enters into a partnership arrangement
under subsection (b) or leases excess equipment and facili-
ties at a Center of Industrial and Technical Excellence
pursuant to section 2471 of this title to perform additional
work at the Center, subject to the limitations outlined in
subsection (b) of such section, outside of the types of work
normally assigned to the Center.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2474. Centers of Industrial and Technical Excellence: designation; public-pri-
vate partnerships.’’.
(b) REPORTING
REQUIREMENT.—Not later than
March 1, 1998, the Secretary of Defense shall submit to
Congress a report on the policies established by the Sec-
retary pursuant to section 2474 of title 10, United States
Code, to implement the requirements of such section. The
report shall include—
(1) the details of any public-private partner-
ships entered into as of that date under subsection
(b) of such section;
(2) the details of any leases entered into as of
that date under section 2471 of such title with au-
thorized entities for dual-use (military and non-
military) purposes; and
(3) the effect that the partnerships and leases
had on capacity utilization, depot rate structures,
and readiness.
SEC. 336. PERSONNEL REDUCTIONS, ARMY DEPOTS PAR-
TICIPATING IN ARMY WORKLOAD AND PER-
FORMANCE SYSTEM.
The Secretary of the Army may not carry out a re-
duction in force of civilian employees at the five Army de-
pots participating in the demonstration and testing of the
Army Workload and Performance System until after the
Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2483) is amended—
(1) in subsection (a), by inserting ‘‘, or with an
Indian tribe,’’ after ‘‘with an agency of a State or
local government’’;
(2) by redesignating subsection (e) as sub-
section (f); and
(3) by inserting after subsection (d) the follow-
ing new subsection:
‘‘(e) DEFINITION.—In this section, the term ‘Indian
tribe’ has the meaning given that term by section 101(36)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9601(36)).’’.
(b) ELIMINATION OF CERTAIN LIMITATION ON AU-
THORITY.—Subsection (b)(1) of such section is amended
by striking out ‘‘in carrying out its environmental restora-
tion activities’’.
SEC. 343. AUTHORIZATION TO PAY NEGOTIATED SETTLE-
MENT FOR ENVIRONMENTAL CLEANUP AT
FORMER DEPARTMENT OF DEFENSE SITES IN
CANADA.
(a) AUTHORIZATION.—To the extent provided in ap-
propriations Acts, the Secretary of Defense may pay an
amount to the Government of Canada of not more than
$100,000,000 (in fiscal year 1996 constant dollars), for
purposes of implementing the October 1996 negotiated
settlement between the United States and Canada relating
to environmental cleanup at various sites in Canada that
were formerly used by the Department of Defense.
(b) METHOD OF PAYMENT.—The amount authorized
by subsection (a) shall be paid in 10 annual payments,
with the first payment made in fiscal year 1998.
(c) FISCAL YEAR 1998 PAYMENT.—The payment
under this section for fiscal year 1998 shall be made from
amounts appropriated pursuant to section 301(5).
SEC. 344. MODIFICATIONS OF AUTHORITY TO STORE AND
DISPOSE OF NONDEFENSE TOXIC AND HAZ-
ARDOUS MATERIALS.
(a) AUTHORITY TO STORE MATERIALS OWNED BY
MEMBERS OF THE ARMED FORCES.—Section 2692(a) of
title 10, United States Code, is amended—
(1) by inserting ‘‘either’’ before ‘‘by the Depart-
ment’’; and
(2) by inserting before the period at the end the
following: ‘‘or by a member of the armed forces (or
a dependent of the member) assigned to or provided
military housing on the installation’’.
(b) ADDITIONAL EXCEPTION
TO LIMITATION
ON
STORAGE AND DISPOSAL.—Section 2692(b) of such title
is amended—
(1) by redesignating paragraphs (1) through
(9) as paragraphs (2) through (10), respectively;
and
(2) by inserting before paragraph (2) (as so re-
designated) the following new paragraph (1):
‘‘(1) the storage, treatment, or disposal of ma-
terials that will be or have been used in connection
with an activity of the Department of Defense or in
connection with a service to be performed on an in-
stallation of the Department for the benefit of the
Department;’’.
(c) MODIFICATION
TO EXCEPTION RELATING
TO
STORAGE OR DISPOSAL OF EXPLOSIVES TO ASSIST LAW
ENFORCEMENT AGENCIES.—Section 2692(b) of such title
is amended in paragraph (3) (as redesignated by sub-
section (b))—
(1) by striking out ‘‘Federal law enforcement’’
and inserting in lieu thereof ‘‘Federal, State, or local
law enforcement’’; and
(2) by striking out ‘‘Federal agency’’ and in-
serting in lieu thereof ‘‘Federal, State, or local agen-
cy’’.
(d) MODIFICATION
TO EXCEPTION RELATING
TO
STORAGE OF MATERIAL IN CONNECTION WITH USE OF
A DEFENSE FACILITY.—Section 2692(b) of such title is
amended in paragraph (9) (as redesignated by subsection
(b))—
(1) by striking out ‘‘by a private person in con-
nection with the authorized and compatible use by
that person of an industrial-type’’ and inserting in
lieu thereof ‘‘in connection with the authorized use
of a’’; and
(2) by striking out ‘‘; and’’ at the end and in-
serting in lieu thereof the following: ‘‘including the
use of such a facility for testing materiel and train-
ing personnel;’’.
(e) MODIFICATION
TO EXCEPTION RELATING
TO
TREATMENT AND DISPOSAL OF MATERIAL IN CONNEC-
TION WITH USE
OF
A DEFENSE FACILITY.—Section
2692(b) of such title is amended in paragraph (10) (as
redesignated by subsection (b))—
(1) by striking out ‘‘by a private person in con-
nection with the authorized and compatible commer-
cial use by that person of an industrial-type’’ and in-
serting in lieu thereof ‘‘in connection with the au-
thorized use of a’’;
(2) by striking out ‘‘with that person’’ and in-
serting in lieu thereof ‘‘or agreement with the pro-
spective user’’;
(3) by striking out ‘‘for that person’s’’ in sub-
paragraph (B) and inserting in lieu thereof ‘‘for the
prospective user’s’’; and
(4) by striking out the period at the end and
inserting in lieu thereof ‘‘; and’’.
(f) ADDITIONAL EXCEPTION RELATING TO SPACE
LAUNCH FACILITIES.—Section 2692(b) of such title is
further amended by adding at the end the following new
paragraph:
‘‘(11) the storage of any material that is not
owned by the Department of Defense if the Sec-
retary of the military department concerned deter-
mines that the material is required or generated in
connection with the use of a space launch facility lo-
cated on an installation of the Department of De-
fense or on other land controlled by the United
States.’’.
(g) 
TECHNICAL
AMENDMENTS.—(1) 
Section
2692(a)(1) of such title is amended by striking out ‘‘stor-
age’’ and inserting in lieu thereof ‘‘storage, treatment,’’.
(2) The heading for section 2692 of such title is
amended to read as follows:
(1) The number of such partnerships.
(2) A description of the nature of the tech-
nology involved in each such partnership.
(3) A list of all partners in such partnerships.
(e) COORDINATION.—The Secretary of Defense shall
ensure that the Department of Defense coordinates with
the Administrator of the Environmental Protection Agen-
cy in any verification sponsored by the Department of
technologies demonstrated and validated by a partnership
entered into under this section.
(f) TERMINATION OF AUTHORITY.—The authority to
enter into agreements under subsection (a) shall terminate
three years after the date of the enactment of this Act.
SEC. 347. PILOT PROGRAM TO TEST AN ALTERNATIVE
TECHNOLOGY FOR ELIMINATING SOLID AND
LIQUID WASTE EMISSIONS DURING SHIP OP-
ERATIONS.
(a) DETERMINATION
BY
SECRETARY
OF
THE
NAVY.—(1) The Secretary of the Navy shall make a deter-
mination whether the alternative technology described in
paragraph (2) has the clear potential for significant bene-
fit to the Navy.
(2) The technology referred to in paragraph (1) is
an alternative technology designed to thermally treat on
shipboard all kinds of liquid and solid wastes generated
on an operating ship by means of a plasma arc melter
system that is compact, stationary, and uses a high alu-
mina refractory hearth.
(b) PILOT PROGRAM.—If the determination made
under subsection (a)(1) is in the affirmative, the Secretary
shall establish a pilot program to test the alternative tech-
nology. In conducting the test, the Secretary shall seek
to demonstrate whether the technology is valid, cost-effec-
tive, and in compliance with environmental laws and regu-
lations.
(c) FUNDING.—From funds appropriated pursuant to
the authorization in section 301(2), the Secretary of the
Navy may use not more than $4,000,000 to carry out the
pilot program.
(d) REPORT.—(1) If the determination made under
subsection (a)(1) is in the affirmative, upon completion
of the test conducted under the pilot program the Sec-
retary shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of
the House of Representatives a report setting forth in de-
tail the results of the test. The report shall include rec-
ommendations on whether the alternative technology mer-
its implementation on naval vessels and such other rec-
ommendations as the Secretary considers appropriate.
(2) If the determination made under subsection
(a)(1) is in the negative, the Secretary shall submit to the
committees referred to in paragraph (1) a report contain-
ing the analysis and data used by the Secretary in making
the determination and such other recommendations as the
Secretary considers appropriate.
Subtitle F—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 361. REORGANIZATION OF LAWS REGARDING COM-
MISSARIES AND EXCHANGES AND OTHER MO-
RALE, WELFARE, AND RECREATION ACTIVI-
TIES.
(a) DESCRIPTION OF CHAPTER.—(1) The heading of
chapter 147 of title 10, United States Code, is amended
to read as follows:
‘‘CHAPTER 147—COMMISSARIES AND EX-
CHANGES AND OTHER MORALE, WEL-
FARE, AND RECREATION ACTIVITIES’’.
(2) The tables of chapters at the beginning of subtitle
A, and at the beginning of part IV of subtitle A, of such
title are amended by striking out the item relating to chap-
ter 147 and inserting in lieu thereof the following new
item:
‘‘147. Commissaries and Exchanges and Other Morale,
Welfare, and Recreation Activities ................. 2481’’.
(b) TRANSFER AND REDESIGNATION OF UNRELATED
PROVISIONS.—(1) Section 2481 of title 10, United States
Code, is transferred to chapter 159 of such title, inserted
after section 2685, and redesignated as section 2686.
(2) Sections 2483 and 2490 of such title are trans-
ferred to the end of subchapter III of chapter 169 of such
title and redesignated as sections 2867 and 2868, respec-
tively.
(3) Section 2491 of such title is redesignated as sec-
tion 2500.
(c) CLERICAL AMENDMENTS.—(1) The table of sec-
tions at the beginning of chapter 147 of title 10, United
States Code, is amended by striking out the items relating
to sections 2481, 2483, and 2490.
(2) The table of sections at the beginning of chapter
159 of such title is amended by inserting after the item
relating to section 2685 the following new item:
‘‘2686. Utilities and services: sale; expansion and extension of systems and fa-
cilities.’’.
(3) The table of sections at the beginning of sub-
chapter III of chapter 169 of such title is amended by
adding at the end the following new items:
‘‘2867. Sale of electricity from alternate energy and cogeneration production fa-
cilities.
‘‘2868. Utility services: furnishing for certain buildings.’’.
(4) The table of sections at the beginning of sub-
chapter I of chapter 148 of such title is amended by strik-
ing out the item relating to section 2491 and inserting
in lieu thereof the following new item:
‘‘2500. Definitions.’’.
(d) 
CONFORMING
AMENDMENTS.—(1) 
Section
2534(d) of title 10, United States Code, is amended by
striking out ‘‘section 2491(1)’’ both places it appears and
inserting in lieu thereof ‘‘section 2500(1)’’.
(2) Section 2865(b)(2) of such title is amended by
striking out ‘‘section 2483(b)(2)’’ and inserting in lieu
thereof ‘‘section 2867(b)(2)’’.
SEC. 362. MERCHANDISE AND PRICING REQUIREMENTS
FOR COMMISSARY STORES.
(a) AUTHORIZED COMMISSARY MERCHANDISE CAT-
EGORIES.—Subsection (b) of section 2486 of title 10,
United States Code, is amended—
(1) by striking out the matter preceding para-
graph (1) and inserting in lieu thereof the following:
‘‘(b) 
AUTHORIZED
COMMISSARY
MERCHANDISE
CATEGORIES.—Merchandise sold in, at, or by com-
missary stores may include items only in the follow-
ing categories:’’; and
(2) by striking out paragraph (11) and insert-
ing in lieu thereof the following new paragraph:
‘‘(11) Subject to the congressional notification
requirements of subsection (f), such other merchan-
dise categories as the Secretary of Defense may pre-
scribe.’’.
(b) ALTERATION OF UNIFORM SALES PRICE SUR-
CHARGE OR ADJUSTMENT.—Subsection (c) of such section
is amended—
(1) by inserting ‘‘UNIFORM SALES PRICE SUR-
CHARGE OR ADJUSTMENT.—’’ after ‘‘(c)’’;
(2) by striking out ‘‘in commissary stores.’’ and
inserting in lieu thereof ‘‘in, at, or by commissary
stores.’’; and
(3) by adding at the end the following new sen-
tence: ‘‘The uniform percentage in effect on the date
of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1998 may not be changed
except by a law enacted after such date.’’.
(c) ESTABLISHMENT OF SALES PRICE.—Subsection
(d) of such section is amended to read as follows:
‘‘(d) SALES PRICE ESTABLISHMENT.—The Secretary
of Defense shall establish the sales price of each item of
merchandise sold in, at, or by commissary stores at the
level that will recoup the actual product cost of the item
(consistent with this section and sections 2484 and 2685
of this title).’’.
(d) 
CONGRESSIONAL
NOTIFICATION; 
SPECIAL
RULES.—Such section is further amended by adding at
the end the following new subsections:
‘‘(f) 
CONGRESSIONAL
NOTIFICATION.—(1) 
Any
change in the pricing policies for merchandise sold in, at,
or by commissary stores, and any addition of a merchan-
dise category under subsection (a)(11), shall not take ef-
fect until the Secretary of Defense submits written notice
of the proposed change or addition to Congress and a pe-
riod of 90 days of continuous session of Congress expires
following the date on which notice was received.
‘‘(2) For purposes of this subsection, the continuity
of a session of Congress is broken only by an adjournment
of the Congress sine die, and the days on which either
House is not in session because of an adjournment or re-
cess of more than three days to a day certain are excluded
in a computation of such 90-day period.
‘‘(g) SPECIAL RULE FOR CERTAIN MERCHANDISE.—
(1) Notwithstanding the general requirement that mer-
chandise sold in, at, or by commissary stores be com-
missary store inventory, the Secretary of Defense may au-
thorize the sale of items in the merchandise categories
specified in paragraph (2) as noncommissary store inven-
tory. Subsections (c) and (d) shall not apply to the pricing
of such items of merchandise.
101
dise categories shall be subject to the other requirements
of such section 2486.
(2) Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report specifying the commissary merchan-
dise categories covered by paragraph (1).
SEC. 363. LIMITATION ON NONCOMPETITIVE PROCURE-
MENT OF BRAND-NAME COMMERCIAL ITEMS
FOR RESALE IN COMMISSARY STORES.
Section 2486(e) of title 10, United States Code, as
amended by section 362(e)(2), is further amended by add-
ing at the end the following new sentence: ‘‘In determining
whether a brand name commercial item is regularly sold
outside of commissary stores, the Secretary shall consider
only sales of the item on a regional or national basis by
commercial grocery or other retail operations consisting
of multiple stores.’’.
SEC. 364. TRANSFER OF JURISDICTION OVER EXCHANGE,
COMMISSARY, AND MORALE, WELFARE, AND
RECREATION ACTIVITIES TO UNDER SEC-
RETARY OF DEFENSE (COMPTROLLER).
(a) COMPTROLLER JURISDICTION.—Section 135(c)
of title 10, United States Code, is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (4);
102
(2) by striking out the period at the end of
paragraph (5) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(6) in the areas of exchange, commissary, and
nonappropriated fund instrumentalities regarding
morale, welfare, and recreation activities.’’.
(b) CONFORMING AMENDMENT.—Section 136(b) of
title 10, United States Code, is amended by striking out
‘‘exchange, commissary, and nonappropriated fund activi-
ties,’’.
SEC. 365. PUBLIC AND PRIVATE PARTNERSHIPS TO BENE-
FIT MORALE, WELFARE, AND RECREATION
ACTIVITIES.
(a) PARTNERSHIPS AUTHORIZED.—Chapter 147 of
title 10, United States Code, as amended by section 361,
is further amended by inserting before section 2482 the
following new section:
‘‘§ 2481. Morale, welfare, and recreation activities:
leases and other contracts to benefit
‘‘(a) LEASES
AND OTHER CONTRACTS AUTHOR-
IZED.—The Secretary of Defense may authorize a non-
appropriated fund instrumentality to enter into leases, li-
censing agreements, concession agreements, and other
contracts with private persons and State or local govern-
103
ments involving real property (and related personal prop-
erty) under the control of the nonappropriated fund in-
strumentality in order to facilitate the provision of facili-
ties, goods, or services to authorized patrons of the non-
appropriated fund instrumentality.
‘‘(b) CONDITIONS.—A nonappropriated fund instru-
mentality may enter into an authorized lease or other con-
tract under subsection (a) only if the nonappropriated
fund instrumentality determines, in consultation with the
Secretary of Defense, that—
‘‘(1) the use of the property subject to the lease
or contract will provide appropriate space, or con-
tribute to the provision of goods and services, for a
morale, welfare, or recreation activity of the non-
appropriated fund instrumentality;
‘‘(2) the lease or contract will not be inconsist-
ent with and will not adversely affect the mission of
the Department or the nonappropriated fund instru-
mentality; and
‘‘(3) the lease or contract will enhance the use
of the property subject to the lease or contract.
‘‘(c) ACCESS TO RESULTING FACILITIES, GOODS, OR
SERVICES.—The use of a lease or contract under sub-
section (a) to provide facilities, goods, or services shall not
be construed to permit the use of the resulting facilities,
104
goods, or services by persons who are not authorized pa-
trons of the nonappropriated fund instrumentality that is
a party to the lease or contract.
‘‘(d) LEASE AND CONTRACT TERMS.—Subsection (b)
of section 2667 of this title shall apply to a lease or con-
tract under subsection (a), except that references to the
Secretary concerned shall be deemed to mean the non-
appropriated fund instrumentality that is a party to the
lease or contract.
‘‘(e) MONEY RENTALS.—Money rentals received pur-
suant to a lease or contract under subsection (a) shall be
treated in the same manner as other receipts of the non-
appropriated fund instrumentality that is a party to the
lease or contract, except that use of the rentals shall be
restricted to the installation at which the property covered
by the lease or contract is located.
‘‘(f) DEFINITION.—In this section, the term ‘non-
appropriated fund instrumentality’ means the Army and
Air Force Exchange Service, Navy Exchange Service Com-
mand, Marine Corps exchanges, or any other instrumen-
tality of the United States under the jurisdiction of the
armed forces which is conducted for the comfort, pleasure,
contentment, or physical or mental improvement of mem-
bers of the armed forces.’’.
105
(b) CLERICAL AMENDMENTS.—The table of sections
at the beginning of chapter 147 of such title, as amended
by section 361, is further amended by inserting before the
item relating to section 2482 the following new item:
‘‘2481. Morale, welfare, and recreation activities: leases and other contracts to
benefit.’’.
SEC. 366. TREATMENT OF CERTAIN AMOUNTS RECEIVED BY
DEFENSE COMMISSARY AGENCY.
Section 2482 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) TREATMENT OF CERTAIN RECEIPTS.—(1) The
Defense Commissary Agency shall deposit amounts re-
ceived from the sources specified in paragraph (2) into the
same account in which the proceeds from the adjustment
of, or surcharge on, commissary store prices authorized
by subsection (a) of section 2685 of this title are depos-
ited. In such amounts as provided in appropriations Acts,
the amounts deposited under this paragraph shall be avail-
able for the purposes described in subsection (b) of such
section.
‘‘(2) Paragraph (1) shall apply with respect to
amounts received by the Defense Commissary Agency
from—
‘‘(A) the sale of items for recycling;
‘‘(B) the disposal of excess property;
106
‘‘(C) license fees, royalties, incentive allowances,
and management and other fees; and
‘‘(D) a nonappropriated fund instrumentality of
the United States.’’.
SEC. 367. AUTHORIZED USE OF APPROPRIATED FUNDS FOR
RELOCATION OF NAVY EXCHANGE SERVICE
COMMAND.
The Navy Exchange Service Command is not re-
quired to reimburse the United States for appropriated
funds allotted to the Navy Exchange Service Command
during fiscal years 1994, 1995, and 1996 to cover costs
incurred by the Navy Exchange Service Command to relo-
cate to Virginia Beach, Virginia, and to lease headquarters
space in Virginia Beach.
Subtitle G—Other Matters
SEC. 371. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE
PROGRAM FOR FISCAL YEAR 1998.—Of the amount au-
thorized to be appropriated pursuant to section 301(5) for
operation and maintenance for Defense-wide activities—
107
(1) $30,000,000 shall be available for providing
educational agencies assistance (as defined in sub-
section (d)(1)) to local educational agencies; and
(2) $5,000,000 shall be available for making
educational agencies payments (as defined in sub-
section (d)(2)) to local educational agencies.
(b) NOTIFICATION.—Not later than June 30, 1998,
the Secretary of Defense shall—
(1) notify each local educational agency that is
eligible for educational agencies assistance for fiscal
year 1998 of that agency’s eligibility for such assist-
ance and the amount of such assistance for which
that agency is eligible; and
(2) notify each local educational agency that is
eligible for an educational agencies payment for fis-
cal year 1998 of that agency’s eligibility for such
payment and the amount of the payment for which
that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of
Defense shall disburse funds made available under para-
graphs (1) and (2) of subsection (a) not later than 30
days after the date on which notification to the eligible
local educational agencies is provided pursuant to sub-
section (b).
(d) DEFINITIONS.—In this section:
108
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘educational agencies payments’’
means payments authorized under section 386(d) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(3) The term ‘‘local educational agency’’ has
the meaning given that term in section 8013(9) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
(e) TECHNICAL CORRECTION RELATING TO ORIGI-
NAL ASSISTANCE AUTHORITY.—Section 386(c)(1) of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 20 U.S.C. 7703 note) is amend-
ed—
(1) by striking out ‘‘section 8003(a)’’ and in-
serting in lieu thereof ‘‘section 8003(a)(1)’’; and
(2) by striking out ‘‘(20 U.S.C. 7703(a))’’ and
inserting in lieu thereof ‘‘(20 U.S.C. 7703(a)(1))’’.
109
SEC. 372. CONTINUATION OF OPERATION MONGOOSE.
Section 135 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f) The Under Secretary of Defense (Comptroller)
shall be responsible for investigating evidence of fraud,
waste, and abuse uncovered as a result of the Department
of Defense program (known as Operation Mongoose) es-
tablished to identify and prevent fraud, waste, and abuse
within the Department of Defense, particularly fraud,
waste, and abuse regarding finance and accounting mat-
ters. The program shall continue through fiscal year
2003.’’.
SEC. 373. INCLUSION OF AIR FORCE DEPOT MAINTENANCE
AS OPERATION AND MAINTENANCE BUDGET
ACTIVITY GROUP.
For fiscal year 1999 and each fiscal year thereafter,
Air Force depot-level maintenance of materiel shall be dis-
played as one or more budget activity groups (known as
‘‘subactivities’’) within the authorization request for Oper-
ation and Maintenance, Air Force, in the proposed budget
for that fiscal year submitted to Congress pursuant to sec-
tion 1105 of title 31, United States Code.
110
SEC. 374. PROGRAMS TO COMMEMORATE 50TH ANNIVER-
SARY OF MARSHALL PLAN AND KOREAN CON-
FLICT.
(a) COMMEMORATIVE PROGRAMS.—(1) The Sec-
retary of Defense may conduct a program to commemo-
rate the 50th anniversary of the Marshall Plan that pro-
vided for the reconstruction of the economies of Western
Europe following World War II.
(2) The Secretary may conduct a program to com-
memorate the 50th anniversary of the Korean conflict.
(3) In conducting such commemorative programs, the
Secretary may coordinate, support, and facilitate other
programs and activities of the Federal Government, State
and local governments, and other persons in commemora-
tion of the Marshall Plan or the Korean conflict.
(b) MARSHALL
PLAN
COMMEMORATIVE
ACTIVI-
TIES.—The commemorative programs authorized by sub-
section (a)(1) may include activities and ceremonies—
(1) to honor George C. Marshall, who developed
the Marshall Plan, for a lifetime of service to the
United States as a commissioned officer of the Army
(including service during World War II as Chief of
Staff of the Army with the rank of General of the
Army) and as Secretary of Defense and Secretary of
State at the beginning of the Cold War; and
111
(2) to provide the people of the United States
with a clear understanding and appreciation of the
significance of Marshall Plan.
(c) KOREAN CONFLICT COMMEMORATIVE ACTIVI-
TIES.—The commemorative programs authorized by sub-
section (a)(2) may include activities and ceremonies—
(1) to provide the people of the United States
with a clear understanding and appreciation of the
lessons and history of the Korean conflict;
(2) to thank and honor veterans of the Korean
conflict and their families;
(3) to pay tribute to the sacrifices and contribu-
tions made on the home front by the people of the
United States during the Korean conflict;
(4) to highlight advances in technology, science,
and medicine related to military research conducted
during the Korean conflict;
(5) to recognize the contributions and sacrifices
made by the allies of the United States in the Ko-
rean conflict; and
(6) to highlight the role of the Armed Forces of
the United States, then and now, in maintaining
world peace through strength.
(d) NAMES AND SYMBOLS.—The Secretary of De-
fense shall have the sole and exclusive right to use the
112
names ‘‘The Department of Defense 50th Anniversary of
the Marshall Plan’’, ‘‘50th Anniversary of the Marshall
Plan’’, and ‘‘The Korean Conflict Commemoration’’, and
such seal, emblems, and badges incorporating such names
as the Secretary may lawfully adopt. Nothing in this sec-
tion may be construed to supersede rights that are estab-
lished or vested before the date of the enactment of this
Act.
(e) COMMEMORATIVE ACCOUNT.—(1) There is estab-
lished in the Treasury an account to be known as the ‘‘De-
partment of Defense 50th Anniversary of the Marshall
Plan and Korean Conflict Commemoration Account’’,
which shall be administered by the Secretary of Defense
as a single account. There shall be deposited into the ac-
count all proceeds derived from the Secretary’s use of the
exclusive rights described in subsection (d). The Secretary
may use funds in the account only for the purpose of con-
ducting the commemorative programs authorized by sub-
section (a).
(2) Not later than 60 days after completion of all ac-
tivities and ceremonies conducted as part of the com-
memorative programs, the Secretary shall submit to Con-
gress a report containing an accounting of all the funds
deposited into and expended from the account or otherwise
expended under this section, and of any funds remaining
114
SEC. 375. PROHIBITION ON USE OF SPECIAL OPERATIONS
COMMAND BUDGET FOR BASE OPERATION
SUPPORT.
Section 167(f) of title 10, United States Code, is
amended.—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ before ‘‘In addition’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) Funds provided for the special operations com-
mand as part of the budget for the special operations com-
mand under paragraph (1) may not be used to cover base
operation support expenses incurred at a military installa-
tion.’’.
SEC. 376. CONTINUATION AND EXPANSION OF DEMONSTRA-
TION 
PROGRAM 
TO 
IDENTIFY 
OVERPAY-
MENTS MADE TO VENDORS.
(a) SCOPE OF PROGRAM.—Section 354 of the Na-
tional Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 268; 10 U.S.C. 2461
note) is amended—
(1) in subsection (a), by striking out the second
sentence; and
(2) in subsection (b)(1), by striking out ‘‘of the
Defense Logistics Agency that relate to (at least)
115
fiscal years 1993, 1994, and 1995’’ and inserting in
lieu thereof ‘‘relating to fiscal years after fiscal year
1993 of the working-capital funds and industrial,
commercial, and support type activities managed
through the Defense Business Operations Fund, ex-
cept the Defense Logistics Agency to the extent such
records have already been audited’’.
(b) COLLECTION
METHOD; CONTRACTOR
PAY-
MENTS.—Such section is further amended by striking out
subsections (d) and (e) and inserting in lieu thereof the
following new subsections:
‘‘(d) COLLECTION METHOD.—In the case of an over-
payment to a vendor identified under the demonstration
program, the Secretary shall require the use of the proce-
dures specified in section 32.611 of the Federal Acquisi-
tion Regulation, regarding a setoff against existing in-
voices for payment to the vendor, as the first method by
which the Department shall seek to recover the amount
of the overpayment (and any applicable interest and pen-
alties) from the vendor.
‘‘(e) FEES FOR CONTRACTOR.—The Secretary shall
pay to the contractor under the contract entered into
under the demonstration program an amount not to ex-
ceed 25 percent of the total amount recovered by the De-
partment (through the collection of overpayments and the
116
use of setoffs) solely on the basis of information obtained
as a result of the audits performed by the contractor under
the program. When an overpayment is recovered through
the use of a setoff, amounts for the required payment to
the contractor shall be derived from funds available to the
working-capital fund or industrial, commercial, or support
type activity for which the overpayment is recovered.’’.
SEC. 377. APPLICABILITY OF FEDERAL PRINTING REQUIRE-
MENTS TO DEFENSE AUTOMATED PRINTING
SERVICE.
(a) Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 195. Defense Automated Printing Service: applica-
bility of Federal printing requirements
‘‘The Defense Automated Printing Service shall com-
ply fully with the requirements of chapter 5 of title 44
relating to the production and procurement of printing,
binding, and blank-book work.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such subchapter is amended by adding
at the end the following new item:
‘‘195. Defense Automated Printing Service: applicability of Federal printing re-
quirements.’’.
117
SEC. 378. BASE OPERATIONS SUPPORT FOR MILITARY IN-
STALLATIONS ON GUAM.
(a) CONTRACTOR USE OF NONIMMIGRANT ALIENS.—
Each contract for base operations support to be performed
on Guam shall contain a condition that work under the
contract may not be performed by any alien who is issued
a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(ii) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)).
(b) APPLICATION OF SECTION.—This section shall
apply to contracts entered into, amended, or otherwise
modified on or after the date of the enactment of this Act.
TITLE IV—PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1998, as follows:
(1) The Army, 495,000.
(2) The Navy, 395,000.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,000.
118
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1998, as follows:
(1) The Army National Guard of the United
States, 366,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United
States, 107,377.
(6) The Air Force Reserve, 73,431.
(7) The Coast Guard Reserve, 8,000.
(b) WAIVER AUTHORITY.—The Secretary of Defense
may vary the end strength authorized by subsection (a)
by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year; and
119
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be proportion-
ately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1998, the following num-
ber of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United
States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
120
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United
States, 10,616.
(6) The Air Force Reserve, 748.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
(a) AUTHORIZATION FOR FISCAL YEAR 1998.—The
minimum number of military technicians (dual status) as
of the last day of fiscal year 1998 for the reserve compo-
nents of the Army and the Air Force (notwithstanding sec-
tion 129 of title 10, United States Code) shall be the fol-
lowing:
(1) For the Army Reserve, 5,503.
(2) For the Army National Guard of the United
States, 23,125.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United
States, 22,853.
(b) REQUESTS FOR FUTURE FISCAL YEARS.—Sec-
tion 115(g) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘In each
budget submitted by the President to Congress under sec-
tion 1105 of title 31, the end strength requested for mili-
tary technicians (dual status) for each reserve component
of the Army and Air Force shall be specifically set forth.’’.
121
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN
GRADES AUTHORIZED TO SERVE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS.—The table in section 12011(a) of title
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
673
140
Lieutenant Colonel or Commander .........
1,524
520
672
Colonel or Navy Captain .........................
437
188
274
30’’.
(b) SENIOR ENLISTED MEMBERS.—The table in sec-
tion 12012(a) of such title is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 .........................................................
627
202
371
E–8 .........................................................
2,585
429
900
94’’.
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal
year 1998 a total of $69,539,862,000. The authorization
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 1998.
122
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel
Policy
SEC. 501. LIMITATION ON NUMBER OF GENERAL AND FLAG
OFFICERS WHO MAY SERVE IN POSITIONS
OUTSIDE THEIR OWN SERVICE.
(a) IN GENERAL.—Chapter 41 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 721. General and flag officers: limitation on ap-
pointments, assignments, details, and du-
ties outside an officer’s own service
‘‘(a) LIMITATION.—An officer described in subsection
(b) may not be appointed, assigned, or detailed for a pe-
riod in excess of 90 days to a position external to that
officer’s armed force if, immediately following such ap-
pointment, assignment, or detail, the number of officers
described in subsection (b) serving in positions external
to such officers’ armed force for a period in excess of 90
days would be in excess of 24.5 percent of the total num-
ber of such officers.
‘‘(b) COVERED OFFICERS.—The officers covered by
subsection (a), and to be counted for the purposes of the
limitation in that subsection, are the following:
123
‘‘(1) Any general or flag officer counted for
purposes of section 526(a) of this title.
‘‘(2) Any general or flag officer serving in a
joint duty assignment position designated by the
Chairman of the Joint Chiefs of Staff under section
526(b) of this title.
‘‘(3) Any colonel or Navy captain counted for
purposes of section 777(d)(1) of this title.
‘‘(c) EXTERNAL POSITIONS.—For purposes of this
section, the following positions shall be considered to be
external to an officer’s armed force:
‘‘(1) Any position (including a position in joint
education) that is a joint duty assignment for pur-
poses of chapter 38 of this title.
‘‘(2) Any position in the Office of the Secretary
of Defense, a Defense Agency, or a Department of
Defense Field Activity.
‘‘(3) Any position in the Joint Chiefs of Staff,
the Joint Staff, or the headquarters of a combatant
command (as defined in chapter 6 of this title).
‘‘(4) Any position in the National Guard Bu-
reau.
‘‘(5) Any position outside the Department of
Defense, including any position in the headquarters
of the North Atlantic Treaty Organization or any
124
other international military command, any combined
or multinational command, or military mission.
‘‘(d) ASSIGNMENTS, ETC. FOR PERIODS IN EXCESS
OF 90 DAYS.—For purposes of this section, the appoint-
ment, assignment, or detail of an officer to a position shall
be considered to be for a period in excess of 90 days unless
the appointment, assignment, or detail specifies that it is
made a period of 90 days or less.
‘‘(e) WAIVER DURING PERIOD OF WAR OR NATIONAL
EMERGENCY.—The President may suspend the operation
of this section during any period of war or of national
emergency declared by Congress or the President.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘721. General and flag officers: limitation on appointments, assignments, de-
tails, and duties outside an officer’s own service.’’.
SEC. 502. EXCLUSION OF CERTAIN RETIRED OFFICERS
FROM LIMITATION ON PERIOD OF RECALL
TO ACTIVE DUTY.
Effective October 1, 1997, section 688(e) of title 10,
United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘A member’’; and
(2) adding at the end the following new para-
graph:
125
‘‘(2) Paragraph (1) shall not apply to the following
officers:
‘‘(A) A chaplain who is assigned to duty as a
chaplain for the period of active duty to which or-
dered.
‘‘(B) A health care professional (as character-
ized by the Secretary concerned) who is assigned to
duty as a health care professional for the period of
active duty to which ordered.
‘‘(C) An officer assigned to duty with the Amer-
ican Battle Monuments Commission for the period
of active duty to which ordered.’’.
SEC. 503. CLARIFICATION OF OFFICERS ELIGIBLE FOR
CONSIDERATION BY SELECTION BOARDS.
(a) OFFICERS ON THE ACTIVE-DUTY LIST.—Section
619(d) of title 10, United States Code, is amended—
(1) by striking out ‘‘grade—’’ in the matter
preceding paragraph (1) and inserting in lieu thereof
‘‘grade any of the following officers:’’;
(2) in paragraph (1)—
(A) by striking out ‘‘an officer’’ and insert-
ing in lieu thereof ‘‘An officer’’; and
(B) by striking out ‘‘; or’’ at the end and
inserting in lieu thereof a period; and
126
(3) by redesignating paragraph (2) as para-
graph (3) and in that paragraph striking out ‘‘an of-
ficer’’ and inserting in lieu thereof ‘‘An officer’’; and
(4) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) An officer who is recommended for pro-
motion to that grade in the report of an earlier se-
lection board convened under that section, in the
case of such a report that has not yet been approved
by the President.’’.
(b) OFFICERS
ON
THE RESERVE ACTIVE-STATUS
LIST.—Section 14301(c) of such title is amended—
(1) by striking out ‘‘grade—’’ in the matter
preceding paragraph (1) and inserting in lieu thereof
‘‘grade any of the following officers:’’;
(2) by striking out ‘‘an officer’’ in each of para-
graphs (1), (2), and (3) and inserting in lieu thereof
‘‘An officer’’;
(3) by striking out the semicolon at the end of
paragraph (1) and inserting in lieu thereof a period;
(4) by striking out ‘‘; or’’ at the end of para-
graph (2) and inserting in lieu thereof a period;
(5) by redesignating paragraphs (2) and (3), as
so amended, as paragraphs (3) and (4), respectively,
and in each such paragraph striking out ‘‘the next
127
higher grade’’ and inserting in lieu thereof ‘‘that
grade’’; and
(6) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) An officer who is recommended for pro-
motion to that grade in the report of an earlier se-
lection board convened under a provision referred to
in paragraph (1), in the case of such a report that
has not yet been approved by the President.’’.
(c) CLARIFYING AMENDMENTS.—Paragraphs (3) and
(4) of section 14301(c) of such title, as redesignated and
amended by subsection (b), are each amended by inserting
before the period at the end the following: ‘‘, if that nomi-
nation is pending before the Senate’’.
SEC. 504. AUTHORITY TO DEFER MANDATORY RETIREMENT
FOR AGE OF OFFICERS SERVING AS CHAP-
LAINS.
(a) AUTHORITY FOR DEFERRAL OF RETIREMENT
FOR CHAPLAINS PROVIDING DIRECT SUPPORT TO UNITS
OR INSTALLATIONS.—Subsection (c) of section 1251 of
title 10, United States Code, is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the follow-
ing new paragraph (2):
128
‘‘(2) The Secretary concerned may defer the retire-
ment under subsection (a) of an officer who is appointed
or designated as a chaplain if during the period of the
deferment the officer will be performing duties consisting
primarily of providing direct support as a chaplain to units
or installations.’’.
(b) AUTHORITY FOR DEFERRAL OF RETIREMENT
FOR CHIEF AND DEPUTY CHIEF OF CHAPLAINS.—Such
section is further amended by adding at the end the fol-
lowing new subsection:
‘‘(d) The Secretary concerned may defer the retire-
ment under subsection (a) of an officer who is the Chief
of Chaplains or Deputy Chief of Chaplains of that officer’s
armed force. Such a deferment may not extend beyond the
first day of the month following the month in which the
officer becomes 68 years of age.’’.
(c) QUALIFICATION FOR SERVICE AS NAVY CHIEF OF
CHAPLAINS OR DEPUTY CHIEF OF CHAPLAINS.—(1) Sec-
tion 5142(b) of such title is amended by striking out ‘‘,
who are not on the retired list,’’.
(2) Section 5142a of such title is amended by striking
out ‘‘, who is not on the retired list,’’.
129
Subtitle B—Reserve Component
Matters
SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AU-
THORITY.
(a) IRR MEMBERS SUBJECT TO ORDER TO ACTIVE
DUTY OTHER THAN DURING WAR OR NATIONAL EMER-
GENCY.—Section 10144 of title 10, United States Code,
is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Within the Ready
Reserve’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b)(1) Within the Individual Ready Reserve of each
reserve component there is a category of members, as des-
ignated by the Secretary concerned, who are subject to
being ordered to active duty involuntarily in accordance
with section 12304 of this title. A member may not be
placed in that mobilization category unless—
‘‘(A) the member volunteers for that category;
and
‘‘(B) the member is selected for that category
by the Secretary concerned, based upon the needs of
the service and the grade and military skills of that
member.
130
‘‘(2) A member of the Individual Ready Reserve may
not be carried in such mobilization category of members
after the end of the 24-month period beginning on the date
of the separation of the member from active service.
‘‘(3) The Secretary shall designate the grades and
military skills or specialities of members to be eligible for
placement in such mobilization category.
‘‘(4) A member in such mobilization category shall
be eligible for benefits (other than pay and training) as
are normally available to members of the Selected Reserve,
as determined by the Secretary of Defense.’’.
(b) CRITERIA FOR ORDERING TO ACTIVE DUTY.—
Subsection (a) of section 12304 of title 10, United States
Code, is amended by inserting after ‘‘of this title),’’ the
following: ‘‘or any member in the Individual Ready Re-
serve mobilization category and designated as essential
under regulations prescribed by the Secretary concerned,’’.
(c) MAXIMUM NUMBER.—Subsection (c) of such sec-
tion is amended—
(1) by inserting ‘‘and the Individual Ready Re-
serve’’ after ‘‘Selected Reserve’’; and
(2) by inserting ‘‘, of whom not more than
30,000 may be members of the Individual Ready Re-
serve’’ before the period at the end.
131
(d) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in subsection (f), by inserting ‘‘or Individual
Ready Reserve’’ after ‘‘Selected Reserve’’;
(2) in subsection (g), by inserting ‘‘, or member
of the Individual Ready Reserve,’’ after ‘‘to serve as
a unit’’; and
(3) by adding at the end the following new sub-
section:
‘‘(i) For purposes of this section, the term ‘Individual
Ready Reserve mobilization category’ means, in the case
of any reserve component, the category of the Individual
Ready Reserve described in section 10144(b) of this
title.’’.
(e) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 12304. Selected Reserve and certain Individual
Ready Reserve members; order to active
duty other than during war or national
emergency’’.
(2) The item relating to section 12304 in the table
of sections at the beginning of chapter 1209 of such title
is amended to read as follows:
‘‘12304. Selected Reserve and certain Individual Ready Reserve members; order
to active duty other than during war or national emergency.’’.
132
SEC. 512. TERMINATION OF MOBILIZATION INCOME INSUR-
ANCE PROGRAM.
(a) IN GENERAL.—Chapter 1214 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 12533. Termination of program
‘‘(a) IN GENERAL.—The Secretary shall terminate
the insurance program in accordance with this section.
‘‘(b) TERMINATION OF NEW ENROLLMENTS.—The
Secretary may not enroll a member of the Ready Reserve
for coverage under the insurance program after the date
of the enactment of this section.
‘‘(c) TERMINATION OF COVERAGE.—(1) The enroll-
ment under the insurance program of insured members
other than insured members described in paragraph (2)
is terminated as of the date of the enactment of this sec-
tion. The enrollment of an insured member described in
paragraph (2) is terminated as of the date of the termi-
nation of the period of covered service of that member de-
scribed in that paragraph.
‘‘(2) An insured member described in this paragraph
is an insured member who on the date of the enactment
of this section is serving on covered service for a period
of service, or has been issued an order directing the per-
formance of covered service, that satisfies or would satisfy
the entitlement-to-benefits provisions of this chapter.
133
‘‘(d) TERMINATION OF PAYMENT OF BENEFITS.—
The Secretary may not make any benefit payment under
the insurance program after the date of the enactment of
this section other than to an insured member who on that
date (1) is serving on an order to covered service, (2) has
been issued an order directing performance of covered
service, or (3) has served on covered service before that
date for which benefits under the program have not been
paid to the member.
‘‘(e) TERMINATION OF INSURANCE FUND.—The Sec-
retary shall close the Fund not later than 60 days after
the date on which the last benefit payment from the Fund
is made. Any amount remaining in the Fund when closed
shall be covered into the Treasury as miscellaneous re-
ceipts.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘12533. Termination of program.’’.
134
SEC. 513. CORRECTION OF INEQUITIES IN MEDICAL AND
DENTAL CARE AND DEATH AND DISABILITY
BENEFITS FOR RESERVE MEMBERS WHO
INCUR OR AGGRAVATE AN ILLNESS IN THE
LINE OF DUTY.
(a) MEDICAL
AND DENTAL CARE
FOR DEPEND-
ENTS.—Section 1076(a)(2) of title 10, United States
Code, is amended—
(1) by striking out ‘‘or’’ at the end of subpara-
graph (A);
(2) by striking out the period at the end of sub-
paragraph (B) and inserting in lieu thereof ‘‘; or’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) who incurs or aggravates an injury or ill-
ness in the line of duty while serving on active duty
for a period of 30 days or less and whose orders are
subsequently modified to extend the period of active
duty to a period of more than 30 days.’’.
(b) 
MEDICAL
AND
DENTAL
CARE.—Section
1074a(a)(3) of such title is amended by inserting ‘‘while
remaining overnight immediately before the commence-
ment of inactive-duty training, or’’ after ‘‘in the line of
duty’’.
135
(c) ELIGIBILITY
FOR DISABILITY RETIREMENT.—
Section 1204(2)(C) of such title is amended by inserting
‘‘while remaining overnight immediately before the com-
mencement of inactive-duty training, or’’ after ‘‘aggra-
vated’’.
(d) ELIGIBILITY
FOR DISABILITY SEPARATION.—
Section 1206 of such title is amended—
(1) by redesignating paragraphs (2), (3), and
(4) as paragraphs (3), (4), and (5) respectively; and
(2) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) the disability was incurred in the line of
duty as a result of—
‘‘(A) performing active duty or inactive-
duty training;
‘‘(B) traveling directly to or from the place
at which such duty is performed; or
‘‘(C) an injury, illness, or disease incurred
or aggravated while remaining overnight imme-
diately before the commencement of inactive-
duty training, or while remaining overnight be-
tween successive periods of inactive-duty train-
ing, at or in the vicinity of the site of the inac-
tive-duty training, if the site is outside reason-
136
able commuting distance of the member’s resi-
dence;’’.
(e) RECOVERY, CARE, AND DISPOSITION
OF RE-
MAINS.—Section 1481(a)(2)(D) of such title is amended
by inserting ‘‘remaining overnight immediately before the
commencement of inactive-duty training, or’’ after ‘‘(D)’’.
(f) ENTITLEMENT TO BASIC PAY.—Section 204 of
title 37, United States Code, is amended by inserting
‘‘while remaining overnight immediately before the com-
mencement of inactive-duty training, or’’ in subsections
(g)(1)(D) and (h)(1)(D) after ‘‘in line of duty’’.
(g) COMPENSATION
FOR INACTIVE-DUTY TRAIN-
ING.—Section 206(a)(3)(C) of such title is amended by
inserting ‘‘while remaining overnight immediately before
the commencement of inactive-duty training, or’’ after ‘‘in
line of duty’’.
SEC. 514. TIME-IN-GRADE REQUIREMENTS FOR RESERVE
COMMISSIONED OFFICERS RETIRED DURING
FORCE DRAWDOWN PERIOD.
(a) AUTHORITY COMPARABLE TO ACTIVE-DUTY LIST
OFFICERS.—Subsection (d)(3) of section 1370 of title 10,
United States Code, is amended by adding at the end the
following new subparagraph:
‘‘(F) The Secretary of Defense may authorize the
Secretary of a military department to reduce the three-
137
year period specified in subparagraph (A) to a period of
not less than two years in the case of retirements effective
during the period beginning on the date of the enactment
of this subparagraph and ending on September 30, 1999.
The number of officers in an armed force in a grade for
whom a reduction is made during any fiscal year in the
period of service-in-grade otherwise required under this
paragraph may not exceed the number equal to two per-
cent of the authorized reserve active status strength for
that fiscal year for officers of that armed force in that
grade.’’.
(b) TECHNICAL AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a)(2)(A), by inserting ‘‘of’’
after ‘‘reduce such period to a period’’; and
(2) in subsection (d)(1), by striking out ‘‘chap-
ter 1225’’ and inserting in lieu thereof ‘‘chapter
1223’’.
SEC. 515. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OF-
FICERS TO BE CONSIDERED BY VACANCY
PROMOTION BOARD TO GENERAL OFFICER
GRADES.
(a) CONVENING OF SELECTION BOARDS.—Section
14101(a)(2) of title 10, United States Code, is amended
by striking out ‘‘(except in the case of a board convened
138
to consider officers as provided in section 14301(e) of this
title).’’.
(b) ELIGIBILITY FOR CONSIDERATION OF CERTAIN
ARMY OFFICERS.—Section 14301 of such title is amend-
ed—
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
(c) 
GENERAL
OFFICER
PROMOTIONS.—Section
14308 of such title is amended—
(1) in subsection (e)(2), by inserting ‘‘a grade
below colonel in’’ after ‘‘(2) an officer in’’; and
(2) in subsection (g)—
(A) by inserting ‘‘or the Air Force’’ in the
first sentence after ‘‘of the Army’’ the first
place it appears;
(B) by striking out ‘‘in that grade’’ in the
first sentence and all that follows through ‘‘Sec-
retary of the Army’’ and inserting in lieu there-
of ‘‘in the Army Reserve or the Air Force Re-
serve, as the case may be, in that grade’’; and
(C) by striking out the second sentence.
(d) VACANCY PROMOTIONS.—Section 14315(b)(1) of
such title is amended by striking out ‘‘the duties’’ in clause
(A) and all that follows through ‘‘as a unit,’’ and inserting
139
in lieu thereof ‘‘duties of a general officer of the next high-
er reserve grade in the Army Reserve,’’.
SEC. 516. GRADE REQUIREMENT FOR OFFICERS ELIGIBLE
TO SERVE ON INVOLUNTARY SEPARATION
BOARDS.
Section 14906(a)(2) of title 10, United States Code,
is amended by striking out ‘‘a grade above lieutenant colo-
nel or commander’’ and inserting in lieu thereof ‘‘the
grade of lieutenant colonel or commander or a higher
grade’’.
SEC. 517. LIMITATION ON USE OF AIR FORCE RESERVE AGR
PERSONNEL FOR AIR FORCE BASE SECURITY
FUNCTIONS.
(a) LIMITATION.—The Secretary of the Air Force
may not use members of the Air Force Reserve who are
AGR personnel for the performance of force protection,
base security, or security police functions at an Air Force
facility in the United States until six months after the date
on which the Secretary submits to Congress a report on
such use of AGR personnel.
(b) MATTERS TO BE INCLUDED IN REPORT.—The
report under subsection (a) shall include the following:
(1) A statement of the planned scope, including
each planned location, of such use of AGR personnel
140
during the year in which the report is submitted and
each of the five subsequent years.
(2) A detailed rationale for, and evaluation of,
the cost effectiveness of the use of AGR personnel
to perform such functions at Air Force facilities in
the United States compared to the use of Depart-
ment of Defense civilian personnel or contractor per-
sonnel for the performance of these functions at
those facilities.
(3) A plan, including a cost estimate, for the re-
employment, conversion to AGR status, or retire-
ment of civilian employees and military technicians
who are displaced by the use of Air Force Reserve
AGR personnel to perform those functions.
(c) AGR PERSONNEL DEFINED.—For the purposes
of this section, the term ‘‘AGR personnel’’ means members
of the Air Force Reserve who are on active duty (other
than for training) in connection with organizing, admin-
istering, recruiting, instructing, or training the Air Force
Reserve.
141
Subtitle C—Military Technicians
SEC. 521. AUTHORITY TO RETAIN ON THE RESERVE AC-
TIVE-STATUS LIST UNTIL AGE 60 MILITARY
TECHNICIANS IN THE GRADE OF BRIGADIER
GENERAL.
(a) RETENTION.—Section 14702(a) of title 10, Unit-
ed States Code, is amended—
(1) by striking out ‘‘section 14506 or 14507’’
and inserting in lieu thereof ‘‘section 14506, 14507,
or 14508’’; and
(2) by striking out ‘‘or colonel’’ and inserting in
lieu thereof ‘‘colonel, or brigadier general’’.
(b) TECHNICAL AMENDMENT.—Section 14508(c) of
such title is amended by striking out ‘‘not later than the
date on which the officer becomes 60 years of age’’ and
inserting in lieu thereof ‘‘not later than the last day of
the month in which the officer becomes 60 years of age’’.
SEC. 522. MILITARY TECHNICIANS (DUAL STATUS).
(a) DEFINITION.—Subsection (a) of section 10216 of
title 10, United States Code, is amended to read as fol-
lows:
‘‘(a) IN GENERAL.—(1) For purposes of this section
and any other provision of law, a military technician (dual
status) is a Federal civilian employee who—
142
‘‘(A) is employed under section 3101 of title 5
or section 709 of title 32;
‘‘(B) is required as a condition of that employ-
ment to maintain membership in the Selected Re-
serve; and
‘‘(C) is assigned to a position as a technician in
the administration and training of the Selected Re-
serve or in the maintenance and repair of supplies
or equipment issued to the Selected Reserve or the
armed forces.
‘‘(2) Military technicians (dual status) shall be au-
thorized and accounted for as a separate category of civil-
ian employees.’’.
(b) UNIT MEMBERSHIP
AND DUAL-STATUS RE-
QUIREMENT.—Subsection (d) of such section is amended
to read as follows:
‘‘(d) UNIT MEMBERSHIP REQUIREMENT.—(1) Un-
less specifically exempted by law, each individual who is
hired as a military technician (dual status) after Decem-
ber 1, 1995, shall be required as a condition of that em-
ployment to maintain membership in—
‘‘(A) the unit of the Selected Reserve by which
the individual is employed as a military technician;
or
143
‘‘(B) a unit of the Selected Reserve that the in-
dividual is employed as a military technician to sup-
port.
‘‘(2) Paragraph (1) does not apply to a military tech-
nician (dual status) who is employed by the Army Reserve
in an area other than Army Reserve troop program units.
‘‘(e) DUAL-STATUS REQUIREMENT.—(1) Funds ap-
propriated for the Department of Defense may not (except
as provided in paragraph (2)) be used for compensation
as a military technician of any individual hired as a mili-
tary technician after February 10, 1996, who is no longer
a member of the Selected Reserve.
‘‘(2) The Secretary concerned may pay compensation
described in paragraph (1) to an individual described in
that paragraph who is no longer a member of the Selected
Reserve for a period not to exceed six months following
the individual’s loss of membership in the Selected Reserve
if the Secretary determines such loss of membership was
not due to the failure of that individual to meet military
standards.’’.
(c) NATIONAL
GUARD
DUAL-STATUS
REQUIRE-
MENT.—Section 709(b) of title 32, United States Code,
is amended by striking out ‘‘Except as prescribed by the
Secretary concerned, a technician’’ and inserting in lieu
thereof ‘‘A technician’’.
144
(d) PLAN FOR CLARIFICATION OF STATUTORY AU-
THORITY OF MILITARY TECHNICIANS.—(1) The Secretary
of Defense shall submit to Congress, as part of the budget
justification materials submitted in support of the budget
for the Department of Defense for fiscal year 1999, a leg-
islative proposal to provide statutory authority and clari-
fication under title 5, United States Code—
(A) for the hiring, management, promotion,
separation, and retirement of military technicians
who are employed in support of units of the Army
Reserve or Air Force Reserve; and
(B) for the transition to the competitive service
of an individual who is hired as military technician
in support of a unit of the Army Reserve or Air
Force Reserve and who (as determined by the Sec-
retary concerned) fails to maintain membership in
the Selected Reserve through no fault of the individ-
ual.
(2) The legislative proposal under paragraph (1) shall
be developed in consultation with the Director of the Of-
fice of Personnel Management.
(e) CONFORMING REPEAL.—Section 8106 of Public
Law 104–61 (109 Stat. 654; 10 U.S.C. 10101 note) is
repealed.
145
(f) 
CROSS-REFERENCE
CORRECTIONS.—Section
10216(c)(1) of title 10, United States Code, is amended
by striking out ‘‘subsection (a)(1)’’ in subparagraphs (A),
(B), (C), and (D) and inserting in lieu thereof ‘‘subsection
(b)(1)’’.
(g) 
CONFORMING
AMENDMENTS
TO
SECTION
10216.—Section 10216 of title 10, United States Code,
is further amended as follows:
(1) The heading of subsection (b) is amended
by inserting ‘‘(DUAL STATUS)’’ after ‘‘MILITARY
TECHNICIANS’’.
(2) Subsection (b)(1) is amended—
(A) by inserting ‘‘(dual status)’’ after ‘‘for
military technicians’’;
(B) by striking out ‘‘dual status military
technicians’’ and inserting in lieu thereof ‘‘mili-
tary technicians (dual status)’’;
(C) by inserting ‘‘(dual status)’’ after
‘‘military technicians’’ in subparagraph (C).
(3) Subsection (b)(2) is amended by inserting
‘‘(dual status)’’ after ‘‘military technicians’’ both
places it appears.
(4) Subsection (b)(3) is amended by inserting
‘‘(dual status)’’ after ‘‘Military technician’’.
(5) Subsection (c) is amended—
146
(A) in the matter preceding paragraph
(1)(A), by inserting ‘‘(dual status)’’ after ‘‘mili-
tary technicians’’;
(B) in paragraph (1), by striking out ‘‘dual
status technicians’’ in subparagraphs (A), (B),
(C), and (D) and inserting in lieu thereof ‘‘mili-
tary technicians (dual status)’’;
(C) in paragraph (2)(A), by inserting
‘‘(dual status)’’ after ‘‘military technician’’; and
(D) in paragraph (2)(B), by striking out
‘‘delineate—’’ and all that follows through ‘‘or
other reasons’’ in clause (ii) and inserting in
lieu thereof ‘‘delineate the specific force struc-
ture reductions’’.
(h) CLERICAL AMENDMENTS.—(1) The heading of
section 10216 of such title is amended to read as follows:
‘‘§ 10216. Military technicians (dual status)’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 1007 of such title is
amended to read as follows:
‘‘10216. Military technicians (dual status).’’.
(i) OTHER CONFORMING AMENDMENTS.—(1) Section
115(g) of such title is amended by inserting ‘‘(dual sta-
tus)’’ in the first sentence after ‘‘military technicians’’ and
in the second sentence after ‘‘military technician’’.
(2) Section 115a(h) of such title is amended—
147
(A) by inserting ‘‘(displayed in the aggregate
and separately for military technicians (dual status)
and non-dual status military technicians)’’ in the
matter preceding paragraph (1) after ‘‘of the follow-
ing’’; and
(B) by striking out paragraph (3).
SEC. 523. NON-DUAL STATUS MILITARY TECHNICIANS.
(a) IN GENERAL.—(1) Chapter 1007 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 10217. Non-dual status military technicians
‘‘(a) DEFINITION.—For the purposes of this section
and any other provision of law, a non-dual status military
technician is a civilian employee of the Department of De-
fense who—
‘‘(1) was hired as a military technician before
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998 under any of
the authorities specified in subsection (d); and
‘‘(2) as of the date of the enactment of that Act
is not a member of the Selected Reserve or after
such date ceases to be a member of the Selected Re-
serve.
‘‘(b) FISCAL YEAR 1998 LIMITATION.—As of Sep-
tember 30 1998, the number of civilian employees of a
148
military department who are non-dual status military
technicians may not exceed the following:
‘‘(1) For the Army Reserve, 1,200.
‘‘(2) For the Army National Guard of the Unit-
ed States, 2,260.
‘‘(3) For the Air Force Reserve, 0.
‘‘(4) For the Air National Guard of the United
States, 395.
‘‘(c) REDUCTIONS FOR FUTURE YEARS.—For each
of the 10 fiscal years beginning with fiscal year 1999, the
Secretary of the military department concerned shall re-
duce the number of non-dual status military technicians
under the jurisdiction of that Secretary, as of the end of
that fiscal year, from the authorized number for the pre-
ceding fiscal year by not less—
‘‘(1) 120, for the Army Reserve;
‘‘(2) 226, for the Army National Guard of the
United States; and
‘‘(3) 39, for the Air National Guard of the
United States.
‘‘(d) EMPLOYMENT AUTHORITIES.—The authorities
referred to in subsection (a) are the following:
‘‘(1) Section 10216 of this title.
‘‘(2) Section 709 of title 32.
149
‘‘(3) The requirements referred to in section
8401 of title 5.
‘‘(4) Section 8016 of the Department of De-
fense Appropriations Act, 1996 (Public Law 104–
61; 109 Stat. 654), and any comparable provision
provided on an annual basis in the Department of
Defense Appropriations Acts for fiscal years 1984
through 1995.
‘‘(5) Any memorandum of agreement between
the Department of Defense and the Office of Per-
sonnel Management providing for the hiring of mili-
tary technicians.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘10217. Non-dual status military technicians.’’.
(b) PLAN FOR NON-DUAL STATUS TECHNICIANS.—
Not later than March 31, 1998, the Secretary of Defense
shall submit to Congress a report setting forth rec-
ommendations of the Secretary (including proposals for
such legislative changes as may be necessary to implement
the recommendations of the Secretary) for eliminating
non-dual status military technician positions. In develop-
ing the plan, the Secretary shall consider (among other
alternatives) the feasibility and cost of each of the follow-
ing:
150
(1) Elimination or consolidation of functions
and positions.
(2) Contracting for performance by contractor
personnel of functions currently performed by per-
sonnel in those positions.
(3) Conversion of those technicians and posi-
tions, in the case of technicians of the Army Na-
tional Guard of the United States or the Air Na-
tional Guard of the United States, to State employ-
ment and positions or competitive service employ-
ment positions under title 5, United States Code.
(4) Conversion of those technicians or positions
to employment and positions in the competitive serv-
ice under title 5, United States Code, in the case of
technicians of the Army Reserve.
(5) Use of incentives to facilitate the reductions
required under subsection (c) of section 10217 of
title 10, United States Code, as added by subsection
(a).
SEC. 524. REPORT ON FEASIBILITY AND DESIRABILITY OF
CONVERSION OF AGR PERSONNEL TO MILI-
TARY TECHNICIANS (DUAL-STATUS).
(a) REPORT REQUIRED.—Not later than January 1,
1998, the Secretary of Defense shall submit to Congress
a report on the feasibility and desirability of conversion
151
of AGR personnel to military technicians (dual-status).
The report shall—
(1) identify advantages and disadvantages of
such a conversion;
(2) identify possible savings if such a conver-
sion were to be carried out; and
(3) set forth the recommendation of the Sec-
retary as to whether such a conversion should be
made.
(b) AGR PERSONNEL DEFINED.—For purposes of
subsection (a), the term ‘‘AGR personnel’’ means mem-
bers of the Army or Air Force reserve components who
are on active duty (other than for training) in connection
with organizing, administering, recruiting, instructing, or
training their respective reserve components.
Subtitle D—Measures To Improve
Recruit Quality and Reduce Re-
cruit Attrition
SEC. 531. REFORM OF MILITARY RECRUITING SYSTEMS.
(a) IN GENERAL.—The Secretary of Defense shall
carry out reforms in the recruiting systems of the Army,
Navy, Air Force, and Marine Corps in order to improve
the quality of new recruits and to reduce attrition among
recruits.
152
(b) SPECIFIC REFORMS.—As part of the reforms in
military recruiting systems to be undertaken under sub-
section (a), the Secretary shall take the following steps:
(1) Improve the system of separation codes
used for recruits who are separated during recruit
training by (A) revising and updating those codes to
allow more accurate and useful data collection about
those separations, and (B) prescribing regulations to
ensure that those codes are interpreted in a uniform
manner by the military services.
(2) Develop a reliable database for (A) analyz-
ing service-wide data on reasons for attrition of new
recruits, and (B) undertaking service-wide measures
to control and manage such attrition.
(3) Require that the Secretary of each military
department (A) adopt or strengthen incentives for
recruiters to thoroughly prescreen potential can-
didates for recruitment, and (B) link incentives for
recruiters, in part, to the ability of a recruiter to
screen out unqualified candidates before enlistment.
(4) Require that the Secretary of each military
department include as a measurement of recruiter
performance the percentage of persons enlisted by a
recruiter who complete initial combat training or
basic training.
153
(5) Assess trends in the number and use of
waivers over the 1991–1997 period that were issued
to permit applicants to enlist with medical or other
conditions that would otherwise be disqualifying.
(6) Require the Secretary of each military de-
partment to implement policies and procedures (A)
to ensure the prompt separation of recruits who are
unable to successfully complete basic training, and
(B) to remove those recruits from the training envi-
ronment while separation proceedings are pending.
(c) REPORT.—The Secretary shall submit to Con-
gress a report of the trends assessed under subsection
(b)(5). The information on those trends provided in the
report shall be shown by armed force and by category of
waiver. The report shall include recommendations of the
Secretary for changing, revising, or limiting the use of
waivers referred to in that subsection and shall be submit-
ted not later than March 31, 1998.
SEC. 532. IMPROVEMENTS IN MEDICAL PRESCREENING OF
APPLICANTS FOR MILITARY SERVICE.
(a) IN GENERAL.—The Secretary of Defense shall
improve the medical prescreening of applicants for en-
trance into the Army, Navy, Air Force, or Marine Corps.
(b) SPECIFIC STEPS.—As part of those improve-
ments, the Secretary shall take the following steps:
154
(1) Require that each applicant for service in
the Army, Navy, Air Force, or Marine Corps (A)
provide to the Secretary the name of the applicant’s
medical insurer and the names of past medical pro-
viders, and (B) sign a release allowing the Secretary
to request and obtain medical records of the appli-
cant.
(2) Require that the forms and procedures for
medical prescreening of applicants that are used by
recruiters and by Military Entrance Processing
Commands be revised so as to ensure that medical
questions are specific, unambiguous, and tied di-
rectly to the types of medical separations most com-
mon for recruits during basic training and follow-on
training.
(3) Add medical screening tests to the examina-
tions of recruits carried out by Military Entrance
Processing Station, provide more thorough medical
examinations to selected groups of applicants, or
both, to the extent that the Secretary determines
that to do so could be cost effective in reducing at-
trition at basic training.
(4) Assign the responsibility for evaluating
medical conditions of a recruit that are missed dur-
ing accession processing to an agency or contractor
155
other than the Military Entrance Processing Com-
mand which carried out the accession processing of
that recruit (such command being the organization
responsible for accession medical exams).
(5) Require that the Secretary of each military
department test an applicant for entrance into the
Armed Forces for use of illegal drugs at the Military
Entrance Processing Station which carries out the
accession processing of that recruit (in addition to
any subsequent drug testing that may be required).
SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS OF RE-
CRUITS.
(a) IN GENERAL.—The Secretary of Defense shall
take steps to improve the physical fitness of recruits before
they enter basic training.
(b) SPECIFIC STEPS.—As part of those improve-
ments, the Secretary shall take the following steps:
(1) Direct the Secretary of each military de-
partment to implement programs under which new
recruits who are in the Delayed Entry Program are
encouraged to participate in physical fitness activi-
ties before reporting to basic training.
(2) Develop a range of incentives for new re-
cruits to participate in physical fitness programs, as
well as for those recruits who improve their level of
156
fitness while in the Delayed Entry Program, which
may include the use of monetary or other incentives,
access to Department of Defense military fitness fa-
cilities, and access to military medical facilities in
the case of a recruit who is injured while participat-
ing in physical activities with recruiters or other
military personnel.
(3) Evaluate whether partnerships between re-
cruiters and reserve components, or other innovative
arrangements, could provide a pool of qualified per-
sonnel to assist in the conduct of physical training
programs for new recruits in the Delayed Entry Pro-
gram.
Subtitle E—Military Education and
Training
SEC. 541. INDEPENDENT PANEL TO REVIEW MILITARY
BASIC TRAINING.
(a) ESTABLISHMENT.—There is hereby established a
panel to review the basic training programs of the Army,
Navy, Air Force, and Marine Corps and to make rec-
ommendations on improvements to those programs.
(b) COMPOSITION.—(1) The panel shall be composed
of seven members, appointed as follows:
(A) Three members shall be appointed jointly
by the chairman and ranking minority party member
157
of the Committee on National Security of the House
of Representatives.
(B) Three members shall be appointed jointly
by the chairman and ranking minority party member
of the Committee on Armed Services of the Senate.
(C) One member shall be appointed by the Sec-
retary of Defense.
(2) The members of the panel shall choose one of the
members to chair the panel.
(c) QUALIFICATIONS.—Members of the panel shall be
appointed from among private United States citizens with
knowledge and expertise in one or more of the following:
(1) Training of military personnel.
(2) Social and cultural matters affecting en-
trance into the Armed Forces and affecting military
service, military training, and military readiness,
such knowledge and expertise to have been gained
through recognized research, policy making and
practical experience, as demonstrated by retired mili-
tary personnel, representatives from educational or-
ganizations, and leaders from civilian industry and
other Government agencies.
(3) Factors that define appropriate military job
qualifications, including physical, mental, and edu-
cational factors.
158
(4) Combat or other theater of war operations.
(d) PANEL FUNCTIONS RELATING TO BASIC TRAIN-
ING PROGRAMS GENERALLY.—The panel shall review the
course objectives, structure, and length of the basic train-
ing programs of the Army, Navy, Air Force, and Marine
Corps. As part of that review, the panel shall (with respect
to each of those services) take the following measures:
(1) Determine the current end-state objectives
established for graduates of basic training, particu-
larly in regard to—
(A) physical conditioning;
(B) technical and physical skills pro-
ficiency;
(C) knowledge;
(D) military socialization, including the in-
culcation of service values and attitudes; and
(E) basic combat operational requirements.
(2) Assess whether those current end-state ob-
jectives, and basic training itself, should be modified
(in structure, length, focus, program of instruction,
training methods or otherwise) based, in part, on the
following:
(A) An assessment of the perspectives of
operational units on the quality and qualifica-
tions of the initial entry training graduates
159
being assigned to those units, considering in
particular whether the basic training system
produces graduates who arrive in operational
units with an appropriate level of skills, phys-
ical conditioning, and degree of military social-
ization to meet unit requirements and needs.
(B) An assessment of the demographics,
backgrounds, attitudes, experience, and physical
fitness of new recruits entering basic training,
considering in particular the question of wheth-
er, given the entry level demographics, edu-
cation, and background of new recruits, the
basic training systems and objectives are most
efficiently and effectively structured and con-
ducted to produce graduates who meet service
needs.
(C) An assessment of the perspectives of
personnel who conduct basic training with re-
gard to measures required to improve basic
training.
(e) PANEL FUNCTIONS RELATING TO GENDER-INTE-
GRATED AND GENDER-SEGREGATED BASIC TRAINING.—
The panel shall review the basic training policies of each
of the Army, Navy, Air Force, and Marine Corps with re-
gard to gender-integrated and gender-segregated basic
160
training. As part of that review, the panel shall (with re-
spect to each of those services) take the following meas-
ures:
(1) Determine the historical rationales for the
establishment and disestablishment of gender-inte-
grated or gender-segregated basic training.
(2) Examine the current rationales for the use
of gender-integrated or gender-segregated basic
training and, as part of such examination, evaluate
whether at the time any of the services made a deci-
sion to integrate, or to segregate, basic training by
gender, the Secretary of the military department
concerned had substantive reason to believe, or has
since developed data to support, any of the follow-
ing:
(A) That gender-integrated basic training,
or gender-segregated basic training, improves
the readiness or performance of operational
units
(B) That the entry level of new recruits
with regard to physical condition, attitudes, and
values is so different from that required and ex-
pected in the military services in general, and
in operational units in particular, that an in-
tense period of focused training is required, free
161
from the additional challenges of training males
and females together.
(C) That a significant percentage of
women entering basic training experienced sex-
ual abuse or assault before entering military
service and that gender-segregated basic train-
ing (with same-sex drill instructors) provides
the best opportunity for such women to have
positive military female role models as mentors
and to enter gender-integrated operational
forces from a position of confidence, strength,
and knowledge.
(3) Assess whether the concept of ‘‘training as
you will fight’’ is a valid rationale for gender-inte-
grated basic training or whether the training re-
quirements and objectives for basic training are suf-
ficiently different from those of operational unit so
that such concept, when balanced against other fac-
tors relating to basic training, might not be a suffi-
cient rationale for gender-integrated basic training.
(4) Assess the degree to which different stand-
ards have been established, or if not established are
in fact being implemented, for males and females in
basic training for matters such as physical fitness,
physical performance (such as confidence and obsta-
162
cle courses), military skills (such as marksmanship
and hand-grenade qualifications), and nonphysical
tasks required of individuals and, to the degree that
differing standards exist or are in fact being imple-
mented, assess the effect of the use of those differ-
ing standards.
(5) Assess the degree to which performance
standards in basic training are based on military
readiness.
(6) Review Department of Defense and military
department efforts to objectively measure or evaluate
the effectiveness of gender-integrated basic training,
as compared to gender-segregated basic training,
particularly with regard to the adequacy and scope
of the efforts and with regard to the relevancy of
findings to operational unit requirements.
(7) Compare the pattern of attrition in gender-
integrated basic training units with the pattern of
attrition in gender-segregated basic training units
and assess the relevancy of the findings of such com-
parison.
(8) Compare the level of readiness and morale
of gender-integrated basic training units with the
level of readiness and morale of gender-segregated
163
units and assess the relevancy of the findings of
such comparison.
(f) RECOMMENDATIONS.—The panel shall prepare—
(1) an evaluation of gender-integrated and gen-
der-segregated basic training programs, based upon
the review under subsection (e); and
(2) recommendations for such changes to the
current system of basic training as the panel consid-
ers warranted.
(g) REPORTS.—(1) Not later than six months after
the members of the panel are appointed, the panel shall
submit an interim report on its findings and conclusions
to the Secretary of Defense.
(2) Not later than one year after establishment of
the panel, the panel shall submit a final report to the Sec-
retary of Defense. The final report shall include rec-
ommendations for legislative and administrative changes
to basic training programs to improve the readiness and
performance of initial entry training graduates and to re-
duce attrition, both during training and in the first term
of enlistment.
(h) SUBMISSION OF REPORTS TO CONGRESS.—Not
later than one month after receipt of the panel’s interim
report and one month after receipt of the panel’s final re-
port, the Secretary of Defense shall submit the report to
164
Congress together with the views of the Secretary regard-
ing the report and the matter covered in the report.
(i) PAY AND EXPENSES OF MEMBERS.—(1) Each
member of the panel who is not an employee of the Gov-
ernment shall be paid at a rate equal to the daily equiva-
lent of the annual rate of basic pay payable for level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time)
during which the member is engaged in the performance
of the duties of the panel.
(2) The members of the panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business
in the performance of services for the panel.
(j) ADMINISTRATIVE SUPPORT.—(1) Upon the re-
quest of the chairman of the panel, the Secretary of De-
fense may detail to the panel, on a nonreimbursable basis,
personnel of the Department of Defense to assist the panel
in carrying out its duties.
(2) The Secretary of Defense shall furnish to the
panel such administrative and support services as may be
requested by the chairman of the panel.
165
(k) FUNDING.—The Secretary of Defense shall, upon
the request of the panel, make available to the panel such
amounts as the panel may require to carry out its duties
under this title.
(l) TERMINATION OF THE PANEL.—The panel shall
terminate 60 days after the date on which it submits its
final report under subsection (g).
(m) SUBSEQUENT CONSIDERATION BY CONGRESS.—
After submission of the final report of the panel to Con-
gress, the Congress shall, based upon the results of the
study (and such other matters as Congress considers ap-
propriate), consider whether to require by law that the
Secretaries of the military departments conduct basic
training on a gender-segregated basis.
SEC. 542. REFORM OF ARMY DRILL SERGEANT SELECTION
AND TRAINING PROCESS.
(a) IN GENERAL.—The Secretary of the Army shall
reform the process for selection and training of drill ser-
geants for the Army.
(b) MEASURES TO BE TAKEN.—As part of such re-
form, the Secretary shall undertake the following meas-
ures (unless, in the case of any such measure, the Sec-
retary determines that that measure would not result in
improved effectiveness and efficiency in the drill sergeant
selection and training process):
166
(1) Review the overall process used by the De-
partment of the Army for selection of drill sergeants
to determine—
(A) if that process is providing drill ser-
geant candidates in sufficient quantity and
quality to meet the needs of the training sys-
tem; and
(B) whether duty as a drill sergeant is a
career-enhancing assignment (or is seen by po-
tential drill sergeant candidates as a career-en-
hancing assignment) and what steps could be
taken to ensure that such duty is in fact a ca-
reer-enhancing assignment.
(2) Incorporate into the selection process for all
drill sergeants the views and recommendations of the
officers and senior noncommissioned officers in the
chain of command of each candidate for selection
(particularly those of senior noncommissioned offi-
cers) regarding the candidate’s suitability and quali-
fications to be a drill sergeant.
(3) Establish a requirement for psychological
screening for each drill sergeant candidate.
(4) Reform the psychological screening process
for drill sergeant candidates to improve the quality,
depth, and rigor of that screening process.
167
(5) Revise the evaluation system for drill ser-
geants in training to provide for a so-called ‘‘whole
person’’ assessment that gives insight into the quali-
fications and suitability of a drill sergeant candidate
beyond the candidate’s ability to accomplish required
performance tasks.
(6) Revise the Army military personnel records
system so that, under specified conditions and cir-
cumstances, a drill sergeant trainee who fails to
complete the training to be a drill sergeant and is
denied graduation will not have the fact of that fail-
ure recorded in those records. The conditions and
circumstances under which the authority provided in
the preceding sentence may be shall be prescribed by
the Secretary in regulations.
(7) Provide each drill sergeant in training with
the opportunity, before or during that training, to
work with new recruits in initial entry training and
to be evaluated on that opportunity.
(c) REPORT.—Not later than March 31, 1998, the
Secretary shall submit to the Committee on National Se-
curity of the House of Representatives and the Committee
on Armed Services of the Senate a report of the reforms
adopted pursuant to this section or, in the case of any
measure specified in any of paragraphs (1) through (7)
168
of subsection (b) that was not adopted, the rationale why
that measure was not adopted.
SEC. 543. REQUIREMENT FOR CANDIDATES FOR ADMISSION
TO UNITED STATES NAVAL ACADEMY TO
TAKE OATH OF ALLEGIANCE.
(a) REQUIREMENT.—Section 6958 of title 10, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(d) To be admitted to the Naval Academy, an ap-
pointee must take and subscribe to an oath prescribed by
the Secretary of the Navy. If a candidate for admission
refuses to take and subscribe to the prescribed oath, the
candidate’s appointment is terminated.’’.
(b) EXCEPTION FOR MIDSHIPMEN FROM FOREIGN
COUNTRIES.—Section 6957 of such title is amended by
adding at the end the following new subsection:
‘‘(d) A person receiving instruction under this section
is not subject to section 6958(d) of this title.’’.
SEC. 544. REIMBURSEMENT OF EXPENSES INCURRED FOR
INSTRUCTION AT SERVICE ACADEMIES OF
PERSONS FROM FOREIGN COUNTRIES.
(a) UNITED STATES MILITARY ACADEMY.—Section
4344(b) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking out the period
at the end and inserting in lieu thereof the following:
169
‘‘, except that the reimbursement rates may not be
less than the cost to the United States of providing
such instruction, including pay, allowances, and
emoluments, to a cadet appointed from the United
States.’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) The amount of reimbursement waived under
paragraph (2) may not exceed 25 percent of the per-per-
son reimbursement amount otherwise required to be paid
by a foreign country under such paragraph, except in the
case of not more than five persons receiving instruction
at the Academy under this section at any one time.’’.
(b) NAVAL ACADEMY.—Section 6957(b) of such title
is amended—
(1) in paragraph (2), by striking out the period
at the end and inserting in lieu thereof the following:
‘‘, except that the reimbursement rates may not be
less than the cost to the United States of providing
such instruction, including pay, allowances, and
emoluments, to a midshipman appointed from the
United States.’’; and
(2) by adding at the end the following new
paragraph:
170
‘‘(3) The amount of reimbursement waived under
paragraph (2) may not exceed 25 percent of the per-per-
son reimbursement amount otherwise required to be paid
by a foreign country under such paragraph, except in the
case of not more than five persons receiving instruction
at the Naval Academy under this section at any one
time.’’.
(c) AIR FORCE ACADEMY.—Section 9344(b) of such
title is amended—
(1) in paragraph (2), by striking out the period
at the end and inserting in lieu thereof the following:
‘‘, except that the reimbursement rates may not be
less than the cost to the United States of providing
such instruction, including pay, allowances, and
emoluments, to a cadet appointed from the United
States.’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) The amount of reimbursement waived under
paragraph (2) may not exceed 25 percent of the per-per-
son reimbursement amount otherwise required to be paid
by a foreign country under such paragraph, except in the
case of not more than five persons receiving instruction
at the Academy under this section at any one time.’’.
171
SEC. 545. UNITED STATES NAVAL POSTGRADUATE SCHOOL.
(a) AUTHORITY TO ADMIT ENLISTED MEMBERS AS
STUDENTS.—Section 7045 of title 10, United States
Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) The Secretary may permit an enlisted member
of the armed forces who is assigned to the Naval Post-
graduate School or to a nearby command to receive in-
struction at the Naval Postgraduate School. Admission of
enlisted members for instruction under this paragraph
shall be on a space-available basis.’’;
(2) in subsection (b)—
(A) by striking out ‘‘the students’’ and in-
serting in lieu thereof ‘‘officers’’; and
(B) by adding at the end the following new
sentence: ‘‘In the case of an enlisted member
permitted to receive instruction at the Post-
graduate School, the Secretary of the Navy
shall charge that member only for such costs
and fees as the Secretary considers appropriate
(taking into consideration the admission of en-
listed members on a space-available basis).’’;
and
172
(3) in subsection (c)—
(A) by striking out ‘‘officers’’ both places
it appears and inserting in lieu thereof ‘‘mem-
bers’’; and
(B) by striking out ‘‘the same regulations’’
and inserting in lieu thereof ‘‘regulations, as de-
termined appropriate by the Secretary of the
Navy,’’.
(b) EXPANSION OF AUTHORITY TO ADMIT CIVILIANS
AS STUDENTS.—Section 7047 of such title is amended to
read as follows:
‘‘§ 7047. Civilian students at institutions of higher
education: admission
‘‘(a) ADMISSION
ON
TUITION-FREE, EXCHANGE
BASIS.—(1) The Secretary of the Navy may enter into an
agreement with an accredited institution of higher edu-
cation (or a consortium of such institutions) under which
students described in subsection (c) who are enrolled at
that institution (or an institution in such consortium) are
permitted to receive instruction at the Naval Postgraduate
School on a space-available, tuition-free basis in exchange
for which the institution of higher education (or each insti-
tution in the consortium) agrees to enroll, on a tuition-
free basis, officers of the armed forces or other persons
173
properly admitted for instruction at the Naval Post-
graduate School.
‘‘(2) Exchange of students under paragraph (1) need
not be on a one-for-one basis.
‘‘(3) An exchange under such an agreement shall be
on the basis of in-kind reimbursement, with the total value
of the instruction provided during a year by the Naval
Postgraduate School to civilian students from the institu-
tions that are parties to the agreement being at least as
great as the value of instruction provided by those institu-
tions to students from the Naval Postgraduate School.
‘‘(4) In determining the value of the in-kind reim-
bursement for the instruction provided by the Naval Post-
graduate School, the Secretary shall use the same amount
charged by the Secretary for the provision of the same
instruction to a Federal employee who is not a Depart-
ment of Defense employee.
‘‘(5) The authority of the Secretary to accept an offer
of in-kind reimbursement under this subsection may not
be delegated below the level of Assistant Secretary of the
Navy.
‘‘(b) ADMISSION ON COST-REIMBURSABLE BASIS.—
(1) The Secretary of the Navy may permit a student de-
scribed in subsection (c) who is enrolled at an accredited
institution of higher education that is a party to an agree-
174
ment under subsection (a) to receive instruction at the
Naval Postgraduate School on a cost-reimbursable, space-
available basis.
‘‘(2) The Secretary shall ensure that the value of any
reimbursement received under this subsection in the case
of any such student is not less than the amount charged
by the Secretary for the provision of the same instruction
to a Federal employee who is not a Department of Defense
employee.
‘‘(c) ELIGIBLE STUDENTS.—A student enrolled at an
accredited institution of higher education that is party to
an agreement under subsection (a) may be admitted to
the Naval Postgraduate School under subsection (a) or (b)
if the student—
‘‘(1) is a citizen of the United States or is law-
fully admitted for permanent residence in the United
States;
‘‘(2) has a demonstrated ability, as determined
by the Secretary of the Navy, in a field of study des-
ignated by the Secretary as related to naval warfare,
armed conflict, or national security; and
‘‘(3) meets the academic requirements for the
course or courses for which the student seeks admis-
sion to the Naval Postgraduate School.
175
‘‘(d) STANDARDS OF CONDUCT.—Except as the Sec-
retary of the Navy otherwise determines necessary, a per-
son receiving instruction under this section is subject to
the same regulations governing attendance, discipline, dis-
missal, and standards of study as apply to students who
are officers of the naval service.
‘‘(e) RETENTION OF FUNDS RECEIVED.—Amounts
received under subsection (b) to reimburse the Naval Post-
graduate School for the costs of providing instruction to
students permitted to attend the Naval Postgraduate
School under this section shall be credited to the current
appropriation supporting the operation and maintenance
of the Naval Postgraduate School.’’.
(c) CLERICAL AMENDMENTS.—(1) The heading of
section 7045 of such title is amended to read as follows:
‘‘§ 7045. Officers of the other armed forces; enlisted
members: admission’’.
(2) The table of sections at the beginning of chapter
605 of such title is amended—
(A) by striking out the item relating to section
7045 and inserting in lieu thereof the following:
‘‘7045. Officers of the other armed forces; enlisted members: admission.’’;
and
(B) by striking out the item relating to section
7047 and inserting in lieu thereof the following:
‘‘7047. Civilian students at institutions of higher education: admission.’’.
176
(d) AMENDMENT TO REFLECT REVISED CIVIL SERV-
ICE GRADE STRUCTURE.—Section 7043(b) of such title
is amended by striking out ‘‘grade GS–18 of the General
Schedule under section 5332 of title 5’’ and inserting in
lieu thereof ‘‘level IV of the Executive Schedule’’.
SEC. 546. AIR FORCE ACADEMY CADET FOREIGN EX-
CHANGE PROGRAM.
(a) EXCHANGE PROGRAM AUTHORIZED.—Chapter
903 of title 10, United States Code, is amended by insert-
ing after section 9344 the following new section:
‘‘§ 9345. Exchange program with foreign military
academies
‘‘(a) EXCHANGE PROGRAM AUTHORIZED.—The Sec-
retary of the Air Force may permit a student enrolled at
a military academy of a foreign country to receive instruc-
tion at the Air Force Academy in exchange for an Air
Force cadet receiving instruction at that foreign military
academy pursuant to an exchange agreement entered into
between the Secretary and appropriate officials of the for-
eign country. Students receiving instruction at the Acad-
emy under the exchange program shall be in addition to
persons receiving instruction at the Academy under sec-
tion 9344 of this title.
‘‘(b) LIMITATIONS ON NUMBER AND DURATION OF
EXCHANGES.—An exchange agreement under this section
177
between the Secretary and a foreign country shall provide
for the exchange of students on a one-for-one basis each
fiscal year. Not more than 10 Air Force cadets and a com-
parable number of students from all foreign military acad-
emies participating in the exchange program may be ex-
changed during any fiscal year. The duration of an ex-
change may not exceed the equivalent of one academic se-
mester at the Air Force Academy.
‘‘(c) COSTS AND EXPENSES.—(1) A student from a
military academy of a foreign country is not entitled to
the pay, allowances, and emoluments of an Air Force
cadet by reason of attendance at the Air Force Academy
under the exchange program, and the Department of De-
fense may not incur any cost of international travel re-
quired for transportation of such a student to and from
the sponsoring foreign country.
‘‘(2) The Secretary may provide a student from a for-
eign country under the exchange program, during the pe-
riod of the exchange, with subsistence, transportation
within the continental United States, clothing, health care,
and other services to the same extent that the foreign
country provides comparable support and services to the
exchanged Air Force cadet in that foreign country.
‘‘(3) The Air Force Academy shall bear all costs of
the exchange program from funds appropriated for the
178
Academy. Expenditures in support of the exchange pro-
gram may not exceed $50,000 during any fiscal year.
‘‘(d) APPLICATION OF OTHER LAWS.—Subsections
(c) and (d) of section 9344 of this title shall apply with
respect to a student enrolled at a military academy of a
foreign country while attending the Air Force Academy
under the exchange program.
‘‘(e) REGULATIONS.—The Secretary shall prescribe
regulations to implement this section. Such regulations
may include qualification criteria and methods of selection
for students of foreign military academies to participate
in the exchange program.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 9344 the following new
item:
‘‘9345. Exchange program with foreign military academies.’’.
(c) REPEAL
OF OBSOLETE LIMITATION.—Section
9353(a) of such title is amended by striking out ‘‘After
the date of the accrediting of the Academy, the’’ and in-
serting in lieu thereof ‘‘The’’.
SEC. 547. TRAINING IN HUMAN RELATIONS MATTERS FOR
ARMY DRILL SERGEANT TRAINEES.
(a) HUMAN RELATIONS TRAINING REQUIRED.—The
Secretary of the Army shall include as part of the training
179
program for drill sergeants a course in human relations.
The course shall be a minimum of two days in duration.
(b) RESOURCES.—In developing a human relations
course under this section, the Secretary shall use the capa-
bilities and expertise of the Defense Equal Opportunity
Management Institute (DEOMI).
(c) EFFECTIVE DATE.—This section shall apply with
respect drill sergeant trainee classes that begin after the
end of the 90–day period beginning on the date of the
enactment of this Act.
SEC. 548. STUDY OF FEASIBILITY OF GENDER-SEGREGATED
BASIC TRAINING.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of each military depart-
ment shall submit to Congress a report on gender-seg-
regated basic training. Each report shall give the views
of the Secretary—
(1) on the feasibility and implications of con-
ducting basic training (or equivalent training) at the
company level and below through separate units for
male and female recruits, including the costs and
other resource commitments required to implement
and conduct basic training in such a manner and the
implications for readiness and unit cohesion; and
180
(2) assuming that basic training were to be
conducted as described in paragraph (1), on the fea-
sibility and implications of requiring drill instructors
for basic training units to be of the same sex as the
recruits in those units.
Subtitle F—Military Decorations
and Awards
SEC. 551. STUDY OF NEW DECORATIONS FOR INJURY OR
DEATH IN LINE OF DUTY.
(a) DETERMINATION OF CRITERIA FOR NEW DECO-
RATION.—(1) The Secretary of Defense shall determine
the appropriate name, policy, award criteria, and design
for two possible new decorations.
(2) The first such decoration would, if implemented,
be awarded to members of the Armed Forces who, while
serving under competent authority in any capacity with
the Armed Forces, are killed or injured in the line of duty
as a result of noncombat circumstances occurring—
(A) as a result of an international terrorist at-
tack against the United States or a foreign nation
friendly to the United States;
(B) while engaged in, training for, or traveling
to or from a peacetime or contingency operation; or
181
(C) while engaged in, training for, or traveling
to or from service outside the territory of the United
States as part of a peacekeeping force.
(3) The second such decoration would, if imple-
mented, be awarded to civilian nationals of the United
States who, while serving under competent authority in
any capacity with the Armed Forces, are killed or injured
in the line of duty under circumstances which, if they were
members of the Armed Forces, would qualify them for
award of the Purple Heart or the medal described in para-
graph (2).
(b) LIMITATION ON IMPLEMENTATION.—Any such
decoration may only be implemented as provided by a law
enacted after the date of the enactment of this Act.
(c) RECOMMENDATION
TO CONGRESS.—Not later
than July 31, 1998, the Secretary shall submit to Con-
gress a legislative proposal that would, if enacted, estab-
lish the new decorations developed pursuant to subsection
(a). The Secretary shall include with that proposal the
Secretary’s recommendation concerning the need for, and
propriety of, each of the decorations.
(d) COORDINATION.—The Secretary shall carry out
this section in coordination with the Secretaries of the
military departments and the Secretary of Transportation
with regard to the Coast Guard.
182
SEC. 552. PURPLE HEART TO BE AWARDED ONLY TO MEM-
BERS OF THE ARMED FORCES.
(a) IN GENERAL.—(1) Chapter 57 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1131. Purple Heart: limitation to members of the
armed forces
‘‘The decoration known as the Purple Heart (author-
ized to be awarded pursuant to Executive Order 11016)
may only be awarded to a person who is a member of the
armed forces at the time the person is killed or wounded
under circumstances otherwise qualifying that person for
award of the Purple Heart.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘1131. Purple Heart: limitation to members of the armed forces.’’.
(b) EFFECTIVE DATE.—Section 1131 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to persons who are killed or wounded
after the end of the 180-day period beginning on the date
of the enactment of this Act.
183
SEC. 553. ELIGIBILITY FOR ARMED FORCES EXPEDITION-
ARY MEDAL FOR PARTICIPATION IN OPER-
ATION JOINT ENDEAVOR OR OPERATION
JOINT GUARD.
(a) INCLUSION OF OPERATIONS.—For the purpose of
determining the eligibility of members and former mem-
bers of the Armed Forces for the Armed Forces Expedi-
tionary Medal, the Secretary of Defense shall designate
participation in Operation Joint Endeavor or Operation
Joint Guard in the Republic of Bosnia and Herzegovina,
and in such other areas in the region as the Secretary
considers appropriate, as service in an area that meets the
general requirements for the award of that medal.
(b) INDIVIDUAL DETERMINATION.—The Secretary of
the military department concerned shall determine wheth-
er individual members or former members of the Armed
Forces who participated in Operation Joint Endeavor or
Operation Joint Guard meet the individual service require-
ments for award of the Armed Forces Expeditionary
Medal as established in applicable regulations. A member
or former member shall be considered to have participated
in Operation Joint Endeavor or Operation Joint Guard
if the member—
(1) was deployed in the Republic of Bosnia and
Herzegovina, or in such other area in the region as
184
the Secretary of Defense considers appropriate, in
direct support of one or both of the operations;
(2) served on board a United States naval ves-
sel operating in the Adriatic Sea in direct support
of one or both of the operations; or
(3) operated in airspace above the Republic of
Bosnia and Herzegovina, or in such other area in
the region as the Secretary of Defense considers ap-
propriate, while the operations were in effect.
(c) OPERATIONS DEFINED.—For purposes of this
section:
(1) The term ‘‘Operation Joint Endeavor’’
means operations of the United States Armed
Forces conducted in the Republic of Bosnia and
Herzegovina during the period beginning on Novem-
ber 20, 1995, and ending on December 20, 1996, to
assist in implementing the General Framework
Agreement and Associated Annexes, initialed on No-
vember 21, 1995, in Dayton, Ohio.
(2) The term ‘‘Operation Joint Guard’’ means
operations of the United States Armed Forces con-
ducted in the Republic of Bosnia and Herzegovina
as a successor to Operation Joint Endeavor during
the period beginning on December 20, 1996, and
185
ending on such date as the Secretary of Defense
may designate.
SEC. 554. WAIVER OF TIME LIMITATIONS FOR AWARD OF
CERTAIN DECORATIONS TO SPECIFIED PER-
SONS.
(a) WAIVER OF TIME LIMITATION.—Any limitation
established by law or policy for the time within which a
recommendation for the award of a military decoration or
award must be submitted shall not apply in the case of
awards of decorations described in subsections (b), (c),
and (d), the award of each such decoration having been
determined by the Secretary of the military department
concerned to be warranted in accordance with section
1130 of title 10, United States Code.
(b) SILVER STAR MEDAL.—Subsection (a) applies to
the award of the Silver Star Medal as follows:
(1) To Joseph M. Moll, Jr. of Milford, New
Jersey, for service during World War II.
(2) To Philip Yolinsky of Hollywood, Florida,
for service during the Korean Conflict.
(c) NAVY AND MARINE CORPS MEDAL.—Subsection
(a) applies to the award of the Navy and Marine Corps
Medal to Gary A. Gruenwald of Damascus, Maryland, for
service in Tunisia in October 1977.
186
(d) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to awards of the Distinguished Flying Cross for
service during World War II or Korea (including multiple
awards to the same individual) in the case of each individ-
ual concerning whom the Secretary of the Navy (or an
officer of the Navy acting on behalf of the Secretary) sub-
mitted to the Committee on National Security of the
House of Representatives and the Committee on Armed
Services of the Senate, before the date of the enactment
of this Act, a notice as provided in section 1130(b) of title
10, United States Code, that the award of the Distin-
guished Flying Cross to that individual is warranted and
that a waiver of time restrictions prescribed by law for
recommendation for such award is recommended.
Subtitle G—Other Matters
SEC. 561. SUSPENSION OF TEMPORARY EARLY RETIRE-
MENT AUTHORITY.
Notwithstanding subsection (i) of section 4403 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 10 U.S.C. 1293 note), the Sec-
retary of a military department may not use the authority
provided under such section to retire a member of the
Armed Forces during fiscal year 1998.
187
SEC. 562. TREATMENT OF EDUCATIONAL ACCOMPLISH-
MENTS OF NATIONAL GUARD CHALLENGE
PROGRAM PARTICIPANTS.
Section 509 of title 32, United States Code, as added
by section 1057, is amended by adding at the end of sub-
section (f) the following new paragraph:
‘‘(3) In the case of a person who is selected for train-
ing in a State program conducted under the National
Guard Challenge Program and who obtains a general edu-
cation diploma in connection with such training, the gen-
eral education diploma shall be treated as equivalent to
a high school diploma for purposes of determining the eli-
gibility of the person for enlistment in the armed forces.’’.
SEC. 563. AUTHORITY FOR PERSONNEL TO PARTICIPATE IN
MANAGEMENT OF CERTAIN NON-FEDERAL
ENTITIES.
(a) MILITARY PERSONNEL.—(1) Chapter 53 of title
10, United States Code, is amended by inserting after sec-
tion 1032 the following new section:
‘‘§ 1033. Participation in management of specified
non-Federal entities: authorized activi-
ties
‘‘(a) AUTHORIZATION.—The Secretary concerned
may authorize a member of the armed forces under the
Secretary’s jurisdiction, as part of that member’s official
duties, to serve without compensation as a director, offi-
188
cer, or trustee, or to otherwise participate, in the manage-
ment of an entity designated under subsection (b). Any
such authorization shall be made on a case-by-case basis,
for a particular member to participate in a specific capac-
ity with a specific designated entity. Such authorization
may be made only for the purpose of providing oversight
and advice to, and coordination with, the designated en-
tity, and participation of the member in the activities of
the designated entity may not extend to participation in
the day-to-day operations of the entity.
‘‘(b) DESIGNATED ENTITIES.—(1) The Secretary of
Defense, and the Secretary of Transportation in the case
of the Coast Guard when it is not operating as a service
in the Navy, shall designate those entities for which au-
thorization under subsection (a) may be provided. The list
of entities so designated may not be revised more fre-
quently than semiannually. In making such designations,
the Secretary shall designate each military welfare society
and may designate any other entity described in para-
graph (3). No other entities may be designated.
‘‘(2) In this section, the term ‘military welfare soci-
ety’ means the following:
‘‘(A) Army Emergency Relief.
‘‘(B) Air Force Aid Society, Inc.
‘‘(C) Navy-Marine Corps Relief Society.
189
‘‘(D) Coast Guard Mutual Assistance.
‘‘(3) An entity described in this paragraph is an en-
tity that—
‘‘(A) regulates and supports the athletic pro-
grams of the service academies (including athletic
conferences);
‘‘(B) regulates international athletic competi-
tions;
‘‘(C) accredits service academies and other
schools of the armed forces (including regional ac-
crediting agencies); or
‘‘(D)(i) regulates the performance, standards,
and policies of military health care (including health
care associations and professional societies), and (ii)
has designated the position or capacity in that entity
in which a member of the armed forces may serve
if authorized under subsection (a).
‘‘(c) PUBLICATION OF DESIGNATED ENTITIES AND
OF AUTHORIZED PERSONS.—A designation of an entity
under subsection (b), and an authorization under sub-
section (a) of a member of the armed forces to participate
in the management of such an entity, shall be published
in the Federal Register.
‘‘(d) REGULATIONS.—The Secretary of Defense, and
the Secretary of Transportation in the case of the Coast
190
Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1032 the following new item:
‘‘1033. Participation in management of specified non-Federal entities: author-
ized activities.’’.
(b) CIVILIAN PERSONNEL.—(1) Chapter 81 of such
title is amended by inserting after section 1588 the follow-
ing new section:
‘‘§ 1589. Participation in management of specified
non-Federal entities: authorized activi-
ties
‘‘(a) AUTHORIZATION.—(1) The Secretary concerned
may authorize an employee described in paragraph (2),
as part of that employee’s official duties, to serve without
compensation as a director, officer, or trustee, or to other-
wise participate, in the management of an entity des-
ignated under subsection (b). Any such authorization shall
be made on a case-by-case basis, for a particular employee
to participate in a specific capacity with a specific des-
ignated entity. Such authorization may be made only for
the purpose of providing oversight and advice to, and co-
ordination with, the designated entity, and participation
of the employee in the activities of the designated entity
191
may not extend to participation in the day-to-day oper-
ations of the entity.
‘‘(2) Paragraph (1) applies to any employee of the
Department of Defense or, in the case of the Coast Guard
when not operating as a service in the Navy, of the De-
partment of Transportation. For purposes of this section,
the term ‘employee’ includes a civilian officer.
‘‘(b) DESIGNATED ENTITIES.—(1) The Secretary of
Defense, and the Secretary of Transportation in the case
of the Coast Guard when it is not operating as a service
in the Navy, shall designate those entities for which au-
thorization under subsection (a) may be provided. The list
of entities so designated may not be revised more fre-
quently than semiannually. In making such designations,
the Secretary shall designate each military welfare society
and may designate any other entity described in para-
graph (3). No other entities may be designated.
‘‘(2) In this section, the term ‘military welfare soci-
ety’ means the following:
‘‘(A) Army Emergency Relief.
‘‘(B) Air Force Aid Society, Inc.
‘‘(C) Navy-Marine Corps Relief Society.
‘‘(D) Coast Guard Mutual Assistance.
‘‘(3) An entity described in this paragraph is an en-
tity that—
192
‘‘(A) regulates and supports the athletic pro-
grams of the service academies (including athletic
conferences);
‘‘(B) regulates international athletic competi-
tions;
‘‘(C) accredits service academies and other
schools of the armed forces (including regional ac-
crediting agencies); or
‘‘(D)(i) regulates the performance, standards,
and policies of military health care (including health
care associations and professional societies), and (ii)
has designated the position or capacity in that entity
in which a Federal employee described in subsection
(a)(2) may serve if authorized under subsection (a).
‘‘(c) PUBLICATION OF DESIGNATED ENTITIES AND
OF AUTHORIZED PERSONS.—A designation of an entity
under subsection (b), and an authorization under sub-
section (a) of an employee to participate in the manage-
ment of such an entity, shall be published in the Federal
Register.
‘‘(d) CIVILIANS OUTSIDE THE MILITARY DEPART-
MENTS.—In this section, the term ‘Secretary concerned’
includes the Secretary of Defense with respect to employ-
ees of the Department of Defense who are not employees
of a military department.
193
‘‘(e) REGULATIONS.—The Secretary of Defense, and
the Secretary of Transportation in the case of the Coast
Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1588 the following new item:
‘‘1589. Participation in management of specified non-Federal entities: author-
ized activities.’’.
SEC. 564. CREW REQUIREMENTS OF WC–130J AIRCRAFT.
(a) STUDY.—The Secretary of the Air Force shall
conduct a study of the crew requirements for WC–130J
aircraft engaged in the aerial weather reconnaissance mis-
sion involving the eyewall penetration of tropical cyclones.
The study shall involve the operation of WC–130J aircraft
in weather reconnaissance missions configured to carry
five crewmembers, including a navigator. The study shall
include the participation of members of the Armed Forces
assigned to units currently engaged in weather reconnais-
sance operations.
(b) REPORT.—The Secretary shall submit to Con-
gress a report on the results of the study. The report shall
include the views of members of the Armed Forces as-
signed to units currently engaged in weather reconnais-
sance operations who participated in the study.
194
(c) LIMITATION ON REVISION TO PERSONNEL RE-
QUIREMENTS.—The Secretary of the Air Force may not
reduce the personnel requirement levels of units that, as
of the date of the enactment of this Act, are engaged in
weather reconnaissance operations involving the eyewall
penetration of tropical cyclones, including requirements
for navigators, below the requirements established for
those units as of October 1, 1997, until the end of the
six-month period beginning on the date on which the re-
port required under subsection (b) is submitted to Con-
gress.
SEC. 565. COMPTROLLER GENERAL STUDY OF DEPART-
MENT OF DEFENSE CIVIL MILITARY PRO-
GRAMS.
(a) STUDY REQUIRED.—The Comptroller General
shall conduct a study to evaluate the following:
(1) The nature, extent, and cost to the Depart-
ment of Defense of the support and services being
provided by units and members of the Armed Forces
to non-Department of Defense organizations and ac-
tivities under the authority of section 2012 of title
10, United States Code.
(2) The degree to which the Armed Forces are
in compliance with the requirements of such section
in the provision of such support and services, espe-
195
cially the requirements that the assistance meet spe-
cific requirements relative to military training and
that the assistance provided be incidental to military
training.
(3) The degree to which the regulations and
procedures for implementing such section, as re-
quired by subsection (f) of such section, are consist-
ent with the requirements of such section.
(4) The effectiveness of the Secretary of De-
fense and the Secretaries of the military depart-
ments in conducting oversight of the implementation
of such section, and the provision of such support
and services under such section, to ensure compli-
ance with the requirements of such section.
(b) SUBMISSION OF REPORT.—Not later than March
31, 1998, the Comptroller General shall submit to Con-
gress a report containing the results of the study required
by subsection (a).
SEC. 566. TREATMENT OF PARTICIPATION OF MEMBERS IN
DEPARTMENT OF DEFENSE CIVIL MILITARY
PROGRAMS.
Section 2012 of title 10, United States Code, is
amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
196
(2) by inserting after subsection (f) the follow-
ing new subsection:
‘‘(g) TREATMENT OF MEMBER’S PARTICIPATION IN
PROVISION OF SUPPORT OR SERVICES.—(1) The Sec-
retary of a military department may not require or request
a member of the armed forces to submit for consideration
by a selection board (including a promotion board, com-
mand selection board, or any other kind of selection
board) evidence of the member’s participation in the provi-
sion of support and services to non-Department of Defense
organizations and activities under this section or the mem-
ber’s involvement in, or support of, other community rela-
tions and public affairs activities of the armed forces. A
selection board may not evaluate a member on the basis
of the member’s participation or involvement in, or sup-
port of, such support, services, or activities.
‘‘(2) Paragraph (1) shall not apply with respect to
the following members:
‘‘(A) A member who is in a public affairs career
field.
‘‘(B) A member who is not in a public affairs
career field, but who is serving, at the time the
member is considered by a selection board, in a pub-
lic affairs position specified in service authorization
documents or who served in such a position within
197
three years before being considered by a selection
board.’’.
SEC. 567. CONTINUATION OF SUPPORT TO SENIOR MILI-
TARY COLLEGES.
(a) DEFINITION OF SENIOR MILITARY COLLEGES.—
For purposes of this section, the term ‘‘senior military col-
leges’’ means the following:
(1) Texas A&M University.
(2) Norwich University.
(3) The Virginia Military Institute.
(4) The Citadel.
(5) Virginia Polytechnic Institute and State
University.
(6) North Georgia College and State University.
(b) FINDINGS.—Congress finds the following:
(1) The senior military colleges consistently
have provided substantial numbers of highly quali-
fied, long-serving leaders to the Armed Forces.
(2) The quality of the military leaders produced
by the senior military colleges is, in part, the result
of the rigorous military environment imposed on stu-
dents attending the senior military colleges by the
colleges, as well as the result of the long-standing
close support relationship between the Corps of Ca-
dets at each college and the Reserve Officer Train-
198
ing Corps personnel at the colleges who serve as ef-
fective leadership role models and mentors.
(3) In recognition of the quality of the young
leaders produced by the senior military colleges, the
Department of Defense and the military services
have traditionally maintained special relationships
with the colleges, including the policy to grant active
duty service in the Army to graduates of the colleges
who desire such service and who are recommended
for such service by their ROTC professors of mili-
tary science.
(4) Each of the senior military colleges has
demonstrated an ability to adapt its systems and op-
erations to changing conditions in, and requirements
of, the Armed Forces without compromising the
quality of leaders produced and without interruption
of the close relationship between the colleges and the
Department of Defense.
(c) SENSE OF CONGRESS.—In light of the findings
in subsection (b), it is the sense of Congress that—
(1) the proposed initiative of the Secretary of
the Army to end the commitment to active duty
service for all graduates of senior military colleges
who desire such service and who are recommended
for such service by their ROTC professors of mili-
199
tary science is short-sighted and contrary to the
long-term interests of the Army;
(2) as they have in the past, the senior military
colleges can and will continue to accommodate to
changing military requirements to ensure that future
graduates entering military service continue to be of-
ficers of superb quality who are quickly assimilated
by the Armed Forces and fully prepared to make
significant contributions to the Armed Forces
through extended military careers; and
(3) decisions of the Secretary of Defense or the
Secretary of a military department that fundamen-
tally and unilaterally change the long-standing rela-
tionship of the Armed Forces with the senior mili-
tary colleges are not in the best interests of the De-
partment of Defense or the Armed Forces and are
patently unfair to students who made decisions to
enroll in the senior military colleges on the basis of
existing Department and Armed Forces policy.
(d) CONTINUATION OF SUPPORT FOR SENIOR MILI-
TARY COLLEGES.—Section 2111a of title 10, United
States Code, is amended—
(1) by redesignating subsection (d) as sub-
section (g); and
200
(2) by inserting after subsection (c) the follow-
ing new subsections:
‘‘(d) ADDITIONAL SUPPORT.—(1) The Secretaries of
the military departments shall ensure that each unit of
the Senior Reserve Officers’ Training Corps at a senior
military college provides support to the Corps of Cadets
at the college over and above the level of support associ-
ated with the conduct of the formal Senior Reserve Offi-
cers’ Training Corps course of instruction.
‘‘(2) This additional support shall include the follow-
ing:
‘‘(A) Mentoring, teaching, coaching, counseling
and advising cadets and cadet leaders in the areas
of leadership, military, and academic performance.
‘‘(B) Involvement in cadet leadership training,
development, and evaluation, as well as drill, cere-
monies, parades, and inspections.
‘‘(3) This additional support may include the follow-
ing:
‘‘(A) Advising cadet teams, clubs, and organiza-
tions.
‘‘(B) Involvement in matters of discipline and
administration of the Corps of Cadets so long as
such involvement does not interfere with the conduct
of the formal Senior Reserve Officers’ Training
201
Corps course of instruction or the support required
by paragraph (2).
‘‘(e) TERMINATION
OR REDUCTION
OF PROGRAM
PROHIBITED.—The Secretary of Defense and the Sec-
retaries of the military departments may not take or au-
thorize any action to terminate or reduce a unit of the
Senior Reserve Officers’ Training Corps at a senior mili-
tary college unless the termination or reduction is specifi-
cally requested by the college.
‘‘(f) ASSIGNMENT TO ACTIVE DUTY.—(1) The Sec-
retary of the Army shall ensure that a graduate of a senior
military college who desires to serve as a commissioned
officer on active duty upon graduation from the college,
who is medically and physically qualified for active duty,
and who is recommended for such duty by the professor
of military science at the college, shall be assigned to ac-
tive duty. This paragraph shall apply to a member of the
program at a senior military college who graduates from
the college after March 31, 1997.
‘‘(2) Nothing in this section shall be construed to pro-
hibit the Secretary of the Army from requiring a member
of the program who graduates from a senior military col-
lege to serve on active duty.’’.
202
(e) TECHNICAL CORRECTIONS.—Subsection (g) of
such section, as redesignated by subsection (d)(1), is
amended—
(1) in paragraph (2), by striking out ‘‘College’’
and inserting in lieu thereof ‘‘University’’; and
(2) in paragraph (6), by inserting before the pe-
riod the following: ‘‘and State University’’.
(f) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 2111a. Support for senior military colleges’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 103 of title 10, United
States Code, is amended to read as follows:
‘‘2111a. Support for senior military colleges.’’.
SEC. 568. IMPROVEMENT OF MISSING PERSONS AUTHORI-
TIES APPLICABLE TO DEPARTMENT OF DE-
FENSE.
(a) APPLICABILITY TO DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES AND CONTRACTOR EMPLOYEES.—
(1) Section 1501 of title 10, United States Code, is
amended—
(A) by striking out subsection (c) and inserting
in lieu thereof the following:
‘‘(c) COVERED PERSONS.—Section 1502 of this title
applies in the case of the following persons:
203
‘‘(1) Any member of the armed forces on active
duty who becomes involuntarily absent as a result of
a hostile action, or under circumstances suggesting
that the involuntary absence is a result of a hostile
action, and whose status is undetermined or who is
unaccounted for.
‘‘(2)(A) Any other person who is a citizen of
the United States and is described in subparagraph
(B) who serves with or accompanies the armed
forces in the field under orders and becomes involun-
tarily absent as a result of a hostile action, or under
circumstances suggesting that the involuntary ab-
sence is a result of a hostile action, and whose sta-
tus is undetermined or who is unaccounted for.
‘‘(B) A person described in this subparagraph
is any of the following:
‘‘(i) A civilian officer or employee of the
Department of Defense.
‘‘(ii) An employee of a contractor of the
Department of Defense.
‘‘(iii) An employee of a United States firm
licensed by the United States under section 38
of the Arms Export Control Act (22 U.S.C.
2778) to perform duties under contract with a
foreign government involving military training
204
of the military forces of that government in ac-
cordance with policies of the Department of De-
fense.’’; and
(B) by adding at the end the following new sub-
section:
‘‘(f) SECRETARY CONCERNED.—In this chapter, the
term ‘Secretary concerned’ includes—
‘‘(1) in the case of a person covered by clause
(i) of subsection (c)(2)(B), the Secretary of the mili-
tary department or head of the element of the De-
partment of Defense employing the employee;
‘‘(2) in the case of a person covered by clause
(ii) of subsection (c)(2)(B), the Secretary of the
military department or head of the element of the
Department of Defense contracting with the contrac-
tor; and
‘‘(3) in the case of a person covered by clause
(iii) of subsection (c)(2)(B), the Secretary of De-
fense.’’.
(2) Section 1503(c) of such title is amended—
(A) in paragraph (1), by striking out ‘‘one mili-
tary officer’’ and inserting in lieu thereof ‘‘one indi-
vidual described in paragraph (2)’’;
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
205
(C) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) An individual referred to in paragraph (1) is the
following:
‘‘(A) A military officer, in the case of an in-
quiry with respect to a member of the armed forces.
‘‘(B) A civilian, in the case of an inquiry with
respect to a civilian employee of the Department of
Defense or of a contractor of the Department of De-
fense.’’.
(3) Section 1504(d) of such title is amended—
(A) in paragraph (1), by striking out ‘‘who are’’
and all that follows in that paragraph and inserting
in lieu thereof ‘‘as follows:
‘‘(A) In the case of a board that will inquire
into the whereabouts and status of one or more
members of the armed forces (and no civilians de-
scribed in subparagraph (B)), the board shall be
composed of officers having the grade of major or
lieutenant commander or above.
‘‘(B) In the case of a board that will inquire
into the whereabouts and status of one or more civil-
ian employees of the Department of Defense or con-
tractors of the Department of Defense (and no
206
members of the armed forces), the board shall be
composed of—
‘‘(i) not less than three employees of the
Department of Defense whose rate of annual
pay is equal to or greater than the rate of an-
nual pay payable for grade GS–13 of the Gen-
eral Schedule under section 5332 of title 5; and
‘‘(ii) such members of the armed forces as
the Secretary considers advisable.
‘‘(C) In the case of a board that will inquire
into the whereabouts and status of both one or more
members of the armed forces and one or more civil-
ians described in subparagraph (B)—
‘‘(i) the board shall include at least one of-
ficer described in subparagraph (A) and at least
one employee of the Department of Defense de-
scribed in subparagraph (B)(i); and
‘‘(ii) the ratio of such officers to such em-
ployees on the board shall be roughly propor-
tional to the ratio of the number of members of
the armed forces who are subjects of the
board’s inquiry to the number of civilians who
are subjects of the board’s inquiry.’’; and
207
(B) in paragraph (4), by striking out ‘‘section
1503(c)(3)’’ and inserting in lieu thereof ‘‘section
1503(c)(4)’’.
(4) Paragraph (1) of section 1513 of such title is
amended to read as follows:
‘‘(1) The term ‘missing person’ means—
‘‘(A) a member of the armed forces on ac-
tive duty who is in a missing status; or
‘‘(B) a civilian employee of the Depart-
ment of Defense or an employee of a contractor
of the Department of Defense who serves with
or accompanies the armed forces in the field
under orders and who is in a missing status.
Such term includes an unaccounted for person de-
scribed in section 1509(b) of this title, under the cir-
cumstances specified in the last sentence of section
1509(a) of this title.’’.
(b) REPORT ON PRELIMINARY ASSESSMENT OF STA-
TUS.—(1) Section 1502 of such title is amended—
(A) in subsection (a)(2)—
(i) by striking out ‘‘10 days’’ and inserting
in lieu thereof ‘‘48 hours’’; and
(ii) by striking out ‘‘Secretary concerned’’
and inserting in lieu thereof ‘‘theater compo-
208
nent commander with jurisdiction over the
missing person’’;
(B) in subsection (a), as amended by subpara-
graph (A)—
(i) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
(ii) by inserting ‘‘(1)’’ after ‘‘COM-
MANDER.—’’; and
(iii) by adding at the end the following new
paragraph:
‘‘(2) However, if the commander determines that
operational conditions resulting from hostile action or
combat constitute an emergency that prevents timely re-
porting under paragraph (1)(B), the initial report should
be made as soon as possible, but in no case later than
ten days after the date on which the commander receives
such information under paragraph (1).’’;
(C) by redesignating subsection (b) as sub-
section (c);
(D) by inserting after subsection (a), as amend-
ed by subparagraphs (A) and (B), the following new
subsection (b):
‘‘(b) TRANSMISSION THROUGH THEATER COMPO-
NENT COMMANDER.—Upon reviewing a report under sub-
section (a) recommending that a person be placed in a
209
missing status, the theater component commander shall
ensure that all necessary actions are being taken, and all
appropriate assets are being used, to resolve the status
of the missing person. Not later than 14 days after receiv-
ing the report, the theater component commander shall
forward the report to the Secretary of Defense or the Sec-
retary concerned in accordance with procedures prescribed
under section 1501(b) of this title. The theater component
commander shall include with such report a certification
that all necessary actions are being taken, and all appro-
priate assets are being used, to resolve the status of the
missing person.’’; and
(E) in subsection (c), as redesignated by sub-
paragraph (C), by adding at the end the following
new sentence: ‘‘The theater component commander
through whom the report with respect to the missing
person is transmitted under subsection (b) shall en-
sure that all pertinent information relating to the
whereabouts and status of the missing person that
results from the preliminary assessment or from ac-
tions taken to locate the person is properly safe-
guarded to avoid loss, damage, or modification.’’.
(2) Section 1503(a) of such title is amended by strik-
ing out ‘‘section 1502(a)’’ and inserting in lieu thereof
‘‘section 1502(b)’’.
210
(3) Section 1504 of such title is amended by striking
out ‘‘section 1502(a)(2)’’ in subsections (a), (b), and
(e)(1) and inserting in lieu thereof ‘‘section 1502(a)’’.
(4) Section 1513 of such title is amended by adding
at the end the following new paragraph:
‘‘(8) The term ‘theater component commander’
means, with respect to any of the combatant com-
mands, an officer of any of the armed forces who
(A) is commander of all forces of that armed force
assigned to that combatant command, and (B) is di-
rectly subordinate to the commander of the combat-
ant command.’’.
(c) FREQUENCY OF SUBSEQUENT REVIEWS.—Sub-
section (b) of section 1505 of such title is amended to read
as follows:
‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—(1)
In the case of a missing person who was last known to
be alive or who was last suspected of being alive, the Sec-
retary shall appoint a board to conduct an inquiry with
respect to a person under this subsection—
‘‘(A) on or about three years after the date of
the initial report of the disappearance of the person
under section 1502(a) of this title; and
‘‘(B) not later than every three years there-
after.
211
‘‘(2) In addition to appointment of boards under
paragraph (1), the Secretary shall appoint a board to con-
duct an inquiry with respect to a missing person under
this subsection upon receipt of information that could re-
sult in a change of status of the missing person. When
the Secretary appoints a board under this paragraph, the
time for subsequent appointments of a board under para-
graph (1)(B) shall be determined from the date of the re-
ceipt of such information.
‘‘(3) The Secretary is not required to appoint a board
under paragraph (1) with respect to the disappearance of
any person—
‘‘(A) more than 30 years after the initial report
of the disappearance of the missing person required
by section 1502(a) of this title; or
‘‘(B) if, before the end of such 30-year period,
the missing person is accounted for.’’.
(d) INFORMATION TO ACCOMPANY RECOMMENDA-
TION OF STATUS OF DEATH.—Section 1507(b) of such
title is amended adding at the end the following new para-
graphs:
‘‘(3) A description of the location of the body,
if recovered.
‘‘(4) If the body has been recovered and is not
identifiable through visual means, a certification by
212
a practitioner of an appropriate forensic science that
the body recovered is that of the missing person.’’.
(e) MISSING
PERSON’S
COUNSEL.—(1) Sections
1503(f)(1) and 1504(f)(1) of such title are amended by
adding at the end the following: ‘‘The identity of counsel
appointed under this paragraph for a missing person shall
be made known to the missing person’s primary next of
kin and any other previously designated person of the per-
son.’’.
(2) Section 1503(f)(4) of such title is amended by
adding at the end the following: ‘‘The primary next of kin
of a missing person and any other previously designated
person of the missing person shall have the right to submit
information to the missing person’s counsel relative to the
disappearance or status of the missing person.’’.
(3) Section 1505(c)(1) is amended by adding at the
end the following: ‘‘The Secretary concerned shall appoint
counsel to represent any such missing person to whom
such information may be related. The appointment shall
be in the same manner, and subject to the same provi-
sions, as an appointment under section 1504(f)(1) of this
title.’’.
(f) SCOPE OF PREENACTMENT REVIEW.—(1) Section
1509 of such title is amended by striking out in subsection
(a) and inserting in lieu thereof the following:
214
tion Act for Fiscal Year 1998 by a United States in-
telligence agency, by a Department of Defense agen-
cy, or by a person specified in section 1504(g) of
this title; or
‘‘(B) is identified after the date of the enact-
ment of the National Defense Authorization Act for
Fiscal Year 1998 in records of the United States as
information that could be relevant to the case of one
or more unaccounted for persons described in sub-
section (b).’’.
(2) Such section is further amended by adding at the
end the following new subsection:
‘‘(d) ESTABLISHMENT OF PERSONNEL FILES FOR
KOREAN CONFLICT CASES.—The Secretary of Defense
shall ensure that a personnel file is established for each
unaccounted for person who is described in subsection
(b)(1). Each such file shall be handled in accordance with,
and subject to the provisions of, section 1506 of this title
in the same manner as applies to the file of a missing
person.’’.
(g) WITHHOLDING OF CLASSIFIED INFORMATION.—
Section 1506(b) of such title is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
215
(3) by adding at the end the following:
‘‘(2) If classified information withheld under this sub-
section refers to one or more unnamed missing persons,
the Secretary shall ensure that notice of that withheld in-
formation, and notice of the date of the most recent review
of the classification of that withheld information, is made
reasonably accessible to family members of missing per-
sons.’’.
(h) WITHHOLDING OF PRIVILEGED INFORMATION.—
Section 1506(d) of such title is amended—
(1) in paragraph (2)—
(A) by striking out ‘‘non-derogatory’’ both
places it appears in the first sentence;
(B) by inserting ‘‘or about unnamed miss-
ing persons’’ in the first sentence after ‘‘the de-
briefing report’’;
(C) by striking out ‘‘the missing person’’
in the second sentence and inserting in lieu
thereof ‘‘each missing person named in the de-
briefing report’’; and
(D) by adding at the end the following new
sentence: ‘‘Any information contained in the ex-
tract of the debriefing report that pertains to
unnamed missing persons shall be made reason-
216
ably accessible to family members of missing
persons.’’; and
(2) in paragraph (3)—
(A) by inserting ‘‘, or part of a debriefing
report,’’ after ‘‘a debriefing report’’; and
(B) by adding at the end the following new
sentence: ‘‘Whenever the Secretary withholds a
debriefing report, or part of a debriefing report,
containing information on unnamed missing
persons from accessibility to families of missing
persons under this section, the Secretary shall
ensure that notice that the withheld debriefing
report exists is made reasonably accessible to
family members of missing persons.’’.
SEC. 569. ESTABLISHMENT OF SENTENCE OF CONFINE-
MENT FOR LIFE WITHOUT ELIGIBILITY FOR
PAROLE.
(a) ESTABLISHMENT OF SENTENCE.—(1) Chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), is amended by inserting after section
856 (article 56) the following new section (article):
‘‘§ 856a. Art. 56a. Sentence of confinement for life
without eligibility for parole
‘‘(a) For any offense for which a sentence of confine-
ment for life may be adjudged, a court-martial may ad-
217
judge a sentence of confinement for life without eligibility
for parole.
‘‘(b) An accused who is sentenced to confinement for
life without eligibility for parole shall be confined for the
remainder of the accused’s life unless—
‘‘(1) the sentence is set aside or otherwise
modified as a result of—
‘‘(A) action taken by the convening author-
ity, the Secretary concerned, or another person
authorized to act under section 860 of this title
(article 60); or
‘‘(B) any other action taken during post-
trial procedure and review under any other pro-
vision of subchapter IX;
‘‘(2) the sentence is set aside or otherwise
modified as a result of action taken by a Court of
Criminal Appeals, the Court of Appeals for the
Armed Forces, or the Supreme Court; or
‘‘(3) the accused is pardoned.’’.
(2) The table of sections at the beginning of sub-
chapter VIII of such chapter is amended by inserting after
the item relating to section 856 (article 56) the following
new item:
‘‘856a. 56a. Sentence of confinement for life without eligibility for parole.’’.
(b) EFFECTIVE DATE.—Section 856a of title 10,
United States Code (article 56a of the Uniform Code of
218
Military Justice), as added by subsection (a), shall be ap-
plicable only with respect to an offense committed after
the date of the enactment of this Act.
SEC. 570. LIMITATION ON APPEAL OF DENIAL OF PAROLE
FOR OFFENDERS SERVING LIFE SENTENCE.
(a) EXCLUSIVE AUTHORITY TO GRANT PAROLE ON
APPEAL OF DENIAL.—Section 952 of title 10, United
States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b) In a case in which parole for an offender serving
a sentence of confinement for life is denied, only the Presi-
dent or the Secretary concerned may grant the offender
parole on appeal of that denial. The authority to grant
parole on appeal in such a case may not be delegated.’’.
(b) EFFECTIVE DATE.—This section shall apply only
with respect to any decision to deny parole made after the
date of the enactment of this Act.
SEC. 571. ESTABLISHMENT OF PUBLIC AFFAIRS BRANCH IN
THE ARMY.
(a) NEW SPECIAL BRANCH.—Section 3064(a) of title
10, United States Code, is amended—
219
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5); and
(2) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) the Public Affairs Corps;’’.
(b) PUBLIC AFFAIRS CORPS.—(1) Chapter 307 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 3083. Public Affairs Corps
‘‘There is a Public Affairs Corps in the Army. The
Public Affairs Corps consists of—
‘‘(1) the Chief of the Public Affairs Corps;
‘‘(2) commissioned officers of the Regular Army
appointed therein; and
‘‘(3) other members of the Army assigned
thereto by the Secretary of the Army.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘3083. Public Affairs Corps.’’.
(c) TRANSITION.—The Secretary of the Army shall
implement the amendments made by this section not later
than October 1, 1998.
221
(4) The incremental cost of including United
States nationals in the Senior Reserve Officers’
Training Corps.
(5) Methods of minimizing the risk that United
States nationals admitted to the Senior Reserve Of-
ficers’ Training Corps would be later disqualified be-
cause of ineligibility for United States citizenship.
(6) The recommendations of the Secretary on
whether United States nationals should be eligible to
participate in the Senior Reserve Officers’ Training
Corps program, and if so, a legislative proposal
which would, if enacted, achieve that result.
SEC. 573. COMMUNITY COLLEGE OF THE AIR FORCE.
(a) LIMITED EXPANSION.—Paragraph (1) of sub-
section (a) of section 9315 of title 10, United States Code,
is amended to read as follows:
‘‘(1) prescribe programs of higher education for
enlisted members described in subsection (d) de-
signed to improve the technical, managerial, and re-
lated skills of those members and to prepare them
for military jobs which require the use of those
skills; and ’’.
(b) ELIGIBLE MEMBERS.—Such section is further
amended by adding at the end the following new sub-
section:
222
‘‘(d) Subsection (a)(1) applies to the following mem-
bers:
‘‘(1) Enlisted members of the Air Force.
‘‘(2) Enlisted members of other armed forces
attending Air Force training schools whose jobs are
closely related to Air Force jobs.
‘‘(3) Enlisted members of other armed forces
who are serving as instructors at Air Force training
schools.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply with respect to enroll-
ments in the Community College of the Air Force after
March 31, 1996.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1998.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The
adjustment, to become effective during fiscal year 1998,
required by section 1009(b) of title 37, United States
Code (as amended by section 602), in the rate of monthly
basic pay authorized members of the uniformed services
by section 203(a) of such title shall not be made.
223
(b) INCREASE IN BASIC PAY.—Effective on January
1, 1998, the rates of basic pay of members of the uni-
formed services are increased by 2.8 percent.
SEC. 602. ANNUAL ADJUSTMENT OF BASIC PAY AND PRO-
TECTION OF MEMBER’S TOTAL COMPENSA-
TION WHILE PERFORMING CERTAIN DUTY.
(a) IN GENERAL.—Section 1009 of title 37, United
States Code, is amended to read as follows:
‘‘§ 1009. Certain elements of compensation: adjust-
ment; protection against change
‘‘(a) ELEMENTS OF COMPENSATION.—In this sec-
tion, the term ‘elements of compensation’ means—
‘‘(1) the monthly basic pay authorized members
of the uniformed services by section 203(a) of this
title;
‘‘(2) the basic allowance for subsistence author-
ized members of the uniformed services by section
402 of this title; and
‘‘(3) the basic allowance for housing authorized
members of the uniformed services by section 403 of
this title.
‘‘(b) ANNUAL ADJUSTMENT OF BASIC PAY.—Effec-
tive as of the first day of the first applicable pay period
beginning on or after January 1 of each calendar year,
the rates of basic pay of members of the uniformed serv-
224
ices shall be increased by the percentage (rounded to the
nearest one-tenth of one percent) equal to the percentage
by which the Employment Cost Index for the base quarter
of the year before the preceding calendar year exceeds the
Employment Cost Index for the base quarter of the second
year before the preceding calendar year (if at all).
‘‘(c) ALLOCATION OF ADJUSTMENT.—(1) Subject to
paragraph (2), whenever the President determines such
action to be in the best interest of the Government, the
President may allocate the percentage increase in basic
pay among such pay grade and years-of-service categories
as the President considers appropriate.
‘‘(2) In making any allocation under paragraph (1),
the amount of the increase in basic pay for any given pay
grade and years-of-service category after the allocation
under paragraph (1) may not be less than 75 percent of
the amount of the increase that otherwise would have been
effective with respect to such pay grade and years-of-serv-
ice category under subsection (b).
‘‘(3) Whenever the President plans to use the author-
ity provided under paragraph (1) with respect to any an-
ticipated increase in the compensation of members of the
uniformed services, the President shall advise the Con-
gress, at the earliest practicable time before the effective
date of the increase, regarding the proposed allocation of
225
the increase among pay grade and years-of-service cat-
egories.
‘‘(d) PROTECTION OF MEMBER’S TOTAL COMPENSA-
TION WHILE PERFORMING CERTAIN DUTY.—(1) The
total daily amount of the elements of compensation, de-
scribed in subsection (a), together with other pay and al-
lowances under this title, to be paid to a member of the
uniformed services who is temporarily assigned to duty
away from the member’s permanent duty station or to
duty under field conditions at the member’s permanent
duty station shall not be less, for any day during the as-
signment period, than the total amount, for the day imme-
diately preceding the date of the assignment, of the ele-
ments of compensation and other pay and allowances of
the member.
‘‘(2) Paragraph (1) shall not apply with respect to
an element of compensation or other pay or allowance of
a member during an assignment described in such para-
graph to the extent that the element of compensation or
other pay or allowance is reduced or terminated due to
circumstances unrelated to the assignment.
‘‘(e) OTHER DEFINITIONS.—In this section:
‘‘(1) The term ‘Employment Cost Index’ means
the Employment Cost Index (wages and salaries,
226
private industry workers) published quarterly by the
Bureau of Labor Statistics.
‘‘(2) The term ‘base quarter’, for each year,
means the three-month period ending on September
30 of such year.’’.
(b) CLERICAL AMENDMENT.—The item relating to
such section in the table of sections at the beginning of
chapter 19 of such title is amended to read as follows:
‘‘1009. Certain elements of compensation: adjustment; protection against
change.’’.
SEC. 603. USE OF FOOD COST INFORMATION TO DETER-
MINE BASIC ALLOWANCE FOR SUBSISTENCE.
(a) FOOD-COST BASED ALLOWANCE.—Section 402
of title 37, United States Code, is amended to read as
follows:
‘‘§ 402. Basic allowance for subsistence
‘‘(a) ENTITLEMENT; RATE; ADJUSTMENT.—(1) Ex-
cept as otherwise provided by law, each member of a uni-
formed service described in subsection (b) or (c) is entitled
to a basic allowance for subsistence. The rate for the al-
lowance shall be prescribed in regulations by the Secretary
of Defense after consultation with the Secretaries con-
cerned specified in subparagraphs (D), (E), and (F) of
section 101(5) of this title. The allowance may be paid
in advance for a period of not more than three months.
227
‘‘(2) Whenever basic pay is increased pursuant to sec-
tion 1009 of this title or another law, the Secretary of
Defense shall adjust the basic allowance for subsistence
at the same rate as the most recent adjustment made to
the cost of the moderate food plan of the Department of
Agriculture (one of the four official food plans used by
the Department of Agriculture under the Food Stamp Act
of 1977) to reflect changes in the cost of the diet described
by the moderate food plan.
‘‘(b) ENLISTED MEMBERS.—An enlisted member is
entitled to the basic allowance for subsistence on a daily
basis if the member is entitled to basic pay and one or
more of the following applies with respect to the member:
‘‘(1) Rations in kind are not available.
‘‘(2) Rations in kind are available, but the Sec-
retary of Defense authorizes the payment of the
basic allowance for subsistence.
‘‘(3) Permission to mess separately is granted.
‘‘(4) The member is assigned to duty under
emergency conditions where no messing facilities of
the United States are available.
‘‘(5) The member is on an authorized leave of
absence, is confined in a hospital, or is performing
travel under orders away from the member’s des-
ignated post of duty (except when rations in kind
228
are available and the Secretary of Defense does not
authorize the payment of the basic allowance for
subsistence.).
‘‘(c) OFFICERS.—An officer of a uniformed service
who is entitled to basic pay is entitled, at all times, to
the basic allowances for subsistence. An aviation cadet of
the Navy, Air Force, Marine Corps, or Coast Guard is
entitled to the same basic allowance for subsistence as is
provided for an officer of the Navy, Air Force, Marine
Corps, or Coast Guard, respectively.
‘‘(d) SPECIAL RULE FOR CERTAIN MEMBERS AU-
THORIZED
TO MESS SEPARATELY.—Under regulations
and in areas prescribed by the Secretary of Defense, and
the Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy,
an enlisted member who is granted permission to mess
separately, and whose duties require the member to buy
at least one meal from other than a messing facility of
the United States, is entitled to not more than the pro
rata allowance authorized for each such meal for an en-
listed member when rations in kind are not available.
‘‘(e) PAYMENT FOR RATIONS IN KIND ACTUALLY
RECEIVED.—The Secretary of Defense may require a
member of the uniformed services to pay for rations in
229
kind actually received by the member while entitled to a
basic allowance for subsistence.
‘‘(f) ADMINISTRATION.—(1) The Secretary of De-
fense may prescribe regulations for the administration of
this section.
‘‘(2) For purposes of subsection (b)(5), a member
shall not be considered to be performing travel under or-
ders away from his designated post of duty if the mem-
ber—
‘‘(A) is an enlisted member serving the mem-
ber’s first tour of active duty;
‘‘(B) has not actually reported to a permanent
duty station pursuant to orders directing such as-
signment; and
‘‘(C) is not actually traveling between stations
pursuant to orders directing a change of station.
‘‘(g) PERCENTAGE LIMITATION ON ENLISTED MEM-
BERS RECEIVING ALLOWANCE.—(1) This subsection ap-
ples with respect to enlisted members of the Army, Navy,
Air Force, and Marine Corps who, when present at their
permanent duty station and at which adequate messing
facilities of the United States are available, reside without
dependents in Government quarters. The Secretary con-
cerned may not provide a basic allowance for subsistence
230
to more than 12 percent of such members under the juris-
diction of the Secretary concerned.
‘‘(2) The Secretary concerned may exceed the per-
centage limitation specified in paragraph (1) if the Sec-
retary determines that compliance would increase costs to
the Government, would impose financial hardships on
members otherwise entitled to a basic allowance for sub-
sistence, or would reduce the quality of life for such mem-
bers.
‘‘(3) This subsection shall not apply to a member de-
scribed in paragraph (1) when the member is not residing
at the member’s permanent duty station.
‘‘(h) RATIONS IN KIND FOR CERTAIN RESERVES.—
(1) The Secretary concerned may provide rations in kind,
or a part thereof, to an enlisted member of a reserve com-
ponent or of the National Guard when the member’s in-
struction or duty periods, described in section 206(a) of
this title, total at least eight hours in a calendar day. The
Secretary concerned may provide the member with a com-
mutation when rations in kind are not available.
‘‘(2) This subsection shall not apply with respect to
an enlisted member of a reserve component or of the Na-
tional Guard who is entitled to basic pay.
‘‘(i) USE OF MESSING FACILITIES.—The Secretary
of Defense, in consultation with the Secretaries concerned,
231
shall establish policies regarding the use of messing facili-
ties of the United States, including field messing facili-
ties.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
404(b)(2) of title 37, United States Code, is amended by
striking out ‘‘under section 402(e) of this title’’ and insert-
ing in lieu thereof ‘‘by the Secretary of Defense’’.
(2) Section 1012 of title 37, United States Code, is
amended by striking out ‘‘section 402(b)(3)’’ and inserting
in lieu thereof ‘‘section 402(h)’’.
(3) Section 6912 of title 10, United States Code, is
amended by striking out ‘‘section 402(a) and (b)’’ and in-
serting in lieu thereof ‘‘section 402(c)’’.
SEC. 604. CONSOLIDATION OF BASIC ALLOWANCE FOR
QUARTERS, VARIABLE HOUSING ALLOWANCE,
AND OVERSEAS HOUSING ALLOWANCES.
(a) CONSOLIDATION OF ALLOWANCES.—Section 403
of title 37, United States Code, is amended to read as
follows:
‘‘§ 403. Basic allowance for housing
‘‘(a) COMPONENTS
OF
BASIC
ALLOWANCE
FOR
HOUSING.—The basic allowance for housing consists of
the following components:
‘‘(1) A basic allowance for quarters for mem-
bers of the uniformed services stationed in the Unit-
232
ed States and, under certain circumstances, mem-
bers on duty outside of the United States whose de-
pendents continue to reside in the United States.
‘‘(2) A overseas station housing allowance for
members on duty outside of the United States to re-
flect housing costs incurred by the members.
‘‘(3) A family separation housing allowance for
members with dependents when the movement of the
dependents to the members’ permanent station is
not authorized at the expense of the United States.
‘‘(b) ELIGIBILITY FOR ALLOWANCE.—(1) Except as
otherwise provided by law, a member of a uniformed serv-
ice who is entitled to basic pay shall receive the component
or components of the basic allowance for housing to which
the member is entitled under this section at the monthly
rates prescribed in connection with the component under
this section or other provision of law. The amount of the
allowance for a member will vary according to the pay
grade in which the member is assigned or distributed for
basic pay purposes and the member’s dependency status.
‘‘(2) The basic allowance for housing may be paid in
advance.
‘‘(c) EFFECT
OF ASSIGNMENT
TO GOVERNMENT
QUARTERS.—(1) Except as otherwise provided by law, a
member of a uniformed service who is assigned to quarters
233
of the United States appropriate to the grade, rank, or
rating of the member and adequate for the member and
dependents, if with dependents, is not entitled to a basic
allowance for housing. In this section, the term ‘quarters
of the United States’ includes a housing facility under the
jurisdiction of a uniformed service.
‘‘(2) A member without dependents who is in a pay
grade above pay grade E–6 and is assigned to quarters
of the United States may elect not to occupy those quar-
ters and instead receive the basic allowance for housing
to which the member is otherwise entitled.
‘‘(3) A member without dependents who is in pay
grade E–6 and is assigned to quarters of the United
States that do not meet the minimum adequacy standards
established by the Secretary of Defense for members in
such pay grade may elect not to occupy those quarters
and instead to receive the basic allowance for housing to
which the member is otherwise entitled. The Secretary
concerned may deny the right to make an election under
this paragraph if the Secretary determines that the exer-
cise of such an election would adversely affect a training
mission, military discipline, or military readiness.
‘‘(4) In the case of a member with dependents who
is assigned to quarters of the United States at a location
or under circumstances that, as determined by the Sec-
234
retary concerned, require the member’s dependents to re-
side at different location, the member shall receive a basic
allowance for housing as if the member were assigned to
duty in the area in which the dependents reside and did
not reside in quarters of the United States.
‘‘(d) EFFECT OF FIELD DUTY AND SEA DUTY.—(1)
The Secretary concerned may deny the basic allowance for
housing to a member of a uniformed service without de-
pendents when the member is assigned to field duty with
a unit conducting field operations.
‘‘(2) A member of a uniformed service without de-
pendents who is in a pay grade below pay grade E–6 is
not entitled to a basic allowance for housing while on sea
duty. After taking into consideration the availability of
quarters for members serving in pay grade E–5, the Sec-
retary concerned may authorize the payment of a basic
allowance for housing to a member without dependents
who is serving in such pay grade and is assigned to sea
duty.
‘‘(3) Notwithstanding section 421 of this title, two
members of the uniformed services in a pay grade below
pay grade E–6 who are married to each other, have no
other dependents, and are simultaneously assigned to sea
duty are jointly entitled to one basic allowance for housing
during the period of such simultaneous sea duty. The
235
amount of the allowance shall be based on the without de-
pendents rate for the pay grade of the senior member of
the couple. However, this paragraph shall not apply to a
couple if one or both of the members are entitled to a
basic allowance for housing under paragraph (2).
‘‘(4) For purposes of this subsection, the Secretary
of Defense shall prescribe, by regulation, definitions of the
terms ‘field duty’ and ‘sea duty’.
‘‘(e) BASIC ALLOWANCE FOR QUARTERS.—(1) The
Secretary of Defense shall determine the costs of adequate
housing in a military housing area for all members of the
uniformed services entitled to a basic allowance for quar-
ters in that area. The Secretary shall base the determina-
tion upon the costs of adequate housing for civilians with
comparable income levels in the same area.
‘‘(2) The monthly amount of a basic allowance for
quarters for an area of the United States for a member
of a uniformed service is equal to difference between—
‘‘(A) the monthly cost of housing in that area,
as determined by the Secretary of Defense, for mem-
bers of the uniformed services serving in the same
pay grade and with the same dependency status as
the member; and
‘‘(B) 15 percent of the national average month-
ly cost of housing in the United States, as deter-
236
mined by the Secretary, for members of the uni-
formed services serving in the same pay grade and
with the same dependency status as the member.
‘‘(3) The rates of basic allowance for quarters shall
be reduced as necessary to comply with this paragraph.
The total amount that may be paid for a fiscal year for
the basic allowance for quarters is the product of—
‘‘(A) the total amount authorized to be paid for
such allowance for the preceding fiscal year (as ad-
justed under paragraph (5)); and
‘‘(B) a fraction—
‘‘(i) the numerator of which is the index of
the national average monthly cost of housing
for June of the preceding fiscal year; and
‘‘(ii) the denominator of which is the index
of the national average monthly cost of housing
for June of the fiscal year before the preceding
fiscal year.
‘‘(4) An adjustment in the rates of basic allowance
for quarters as a result of the Secretary’s redetermination
of housing costs in an area shall take effect on the same
date as the effective date of the next increase in basic pay
under section 1009 of this title or other provision of law.
‘‘(5) In making a determination under paragraph (3)
for a fiscal year, the amount authorized to be paid for
237
the preceding fiscal year for the basic allowance for quar-
ters shall be adjusted to reflect changes during the year
for which the determination is made in the number, grade
distribution, geographic distribution, and dependency sta-
tus of members of the uniformed services entitled to the
allowance from the number of such members during the
preceding fiscal year.
‘‘(6) So long as a member of a uniformed service re-
tains uninterrupted eligibility to receive a basic allowance
for quarters within an area of the United States, the
monthly amount of the allowance for the member may not
be reduced as a result of changes in housing costs in the
area, changes in the national average monthly cost of
housing, or the promotion of the member.
‘‘(f) OVERSEAS STATION HOUSING ALLOWANCE.—
(1) The Secretary of Defense may prescribe an overseas
station housing allowance for a member of a uniformed
service who is on duty outside of the United States. The
Secretary shall base the station housing allowance on
housing costs in the overseas area in which the member
is assigned.
‘‘(2) So long as a member of a uniformed service re-
tains uninterrupted eligibility to receive an overseas sta-
tion housing allowance in an overseas area and the actual
monthly cost of housing for the member is not reduced,
238
the monthly amount of the overseas station housing allow-
ance may not be reduced as a result of changes in housing
costs in the area or the promotion of the member. The
monthly amount of the allowance may be adjusted to re-
flect changes in currency rates.
‘‘(g) FAMILY SEPARATION HOUSING ALLOWANCE.—
(1) A member of a uniformed service with dependents who
is on permanent duty at a location described in paragraph
(2) is entitled to a family separation housing allowance
under this subsection at a monthly rate equal to the rate
of basic allowance for quarters or overseas station housing
allowance established for that location for members with-
out dependents in the same grade.
‘‘(2) A permanent duty location referred to in para-
graph (1) is a location—
‘‘(A) to which the movement of the member’s
dependents is not authorized at the expense of the
United States under section 406 of this title, and
the member’s dependents do not reside at or near
the location; and
‘‘(B) at which quarters of the United States are
not available for assignment to the member.
‘‘(3) The allowance provided under this subsection is
in addition to any other allowance or per diem that the
member is otherwise entitled to under this title.
239
‘‘(h) PARTIAL ALLOWANCE.—(1) The Secretary of
Defense may prescribe a partial basic allowance for hous-
ing for a member of a uniformed service without depend-
ents who is not entitled to the allowance pursuant to sub-
section (c) or (d).
‘‘(2) In the case of a member of a uniformed service
who is assigned to quarters of the United States and pays
child support, the Secretary of Defense may authorize the
payment of a partial basic allowance for housing, at a rate
prescribed by the Secretary, on account of the member’s
payment of the child support. The allowance shall be at
a reduced rate to reflect the member’s assignment to quar-
ters of the United States. The amount of the partial allow-
ance shall not exceed the monthly rate of the member’s
child support. The payment of a partial allowance under
this paragraph to a member may be in addition to any
allowance paid to the member under paragraph (1).
‘‘(i) SPECIAL RULES
FOR CERTAIN MEMBERS.—
(1)(A) In the case of a member of a reserve component
of a uniformed service without dependents who is called
or ordered to active duty (other than for training) or a
retired member without dependents ordered to active duty
under section 688(a) of title 10, the member shall be con-
sidered to be assigned to duty at the location of the pri-
mary residence of the member at the time of the call or
240
order for purposes of determining the amount of the mem-
ber’s basic allowance for housing.
‘‘(B) If a member described in subparagraph (A) is
called or ordered to active duty for less than 30 days, the
Secretary of Defense shall prescribe the amount of the
basic allowance for housing to be paid to the member.
‘‘(C) This paragraph shall not apply to a member de-
scribed in subparagraph (A) if the member is authorized
transportation of household goods under section 406 of
this title as part of the call or order to active duty or if
the primary residence of the member is not owned by the
member or the member is not responsible for rental pay-
ments.
‘‘(2) A member of a uniformed service without de-
pendents who is in pay grade E–4 (four or more years’
service), or above, is entitled to a basic allowance for hous-
ing while the member is in a travel or leave status between
permanent duty stations, including time granted as delay
en route or proceed time, when the member is not assigned
to quarters of the United States. Notwithstanding sub-
section (e)(2), the rate of basic allowance for quarters for
such a member shall be equal to the national average
monthly cost of housing in the United States, as deter-
mined by the Secretary, for members of the uniformed
241
services serving in the same pay grade and with the same
dependency status as the member.
‘‘(3) The eligibility of an aviation cadet of the Navy,
Air Force, Marine Corps, or Coast Guard for a basic al-
lowance for housing shall be determined as if the aviation
cadet were a member of the uniformed services in pay
grade E–4.
‘‘(4) In the case of a member without dependents who
is assigned to duty inside the United States, the location
or the circumstances of which make it necessary that the
member be reassigned under the conditions of low cost or
no cost permanent change of station or permanent change
of assignment, the member may be treated as if the mem-
ber were not reassigned if the Secretary concerned deter-
mines that it would be inequitable to base the member’s
entitlement to, and amount of, a basic allowance for hous-
ing on the area to which the member is reassigned.
‘‘(j) ADMINISTRATION.—(1) The Secretary concerned
may make such determinations as may be necessary to ad-
minister this section, including determinations of depend-
ency and relationship. When warranted by the cir-
cumstances, the Secretary concerned may reconsider and
change or modify any such determination. This authority
may be delegated by the Secretary concerned. Any deter-
mination made under this section with regard to a member
242
of the uniformed services is final and is not subject to re-
view by any accounting officer of the United States or a
court, unless there is fraud or gross negligence.
‘‘(2) Parking facilities (including utility connections)
provided members of the uniformed services for house
trailers and mobile homes not owned by the Government
shall not be considered to be quarters for the purposes
of this section or any other provision of law. Any fees es-
tablished by the Government for the use of such a facility
shall be established in an amount sufficient to cover the
cost of maintenance, services, and utilities and to amortize
the cost of construction of the facility over the 25-year
period beginning with the completion of such construction.
‘‘(k) TEMPORARY CONTINUATION OF ALLOWANCE.—
(1) The Secretary of Defense, or the Secretary of Trans-
portation in the case of the Coast Guard when not operat-
ing as a service in the Navy, may allow the dependents
of a member of the armed forces who dies while on active
duty and whose dependents are occupying family housing
provided by the Department of Defense, or by the Depart-
ment of Transportation in the case of the Coast Guard,
other than on a rental basis on the date of the member’s
death to continue to occupy such housing without charge
for a period of 180 days.
243
‘‘(2) The Secretary concerned may pay an allowance
for housing to the dependents of a member of the uni-
formed services who dies while on active duty and whose
dependents are not occupying a housing facility under the
jurisdiction of a uniformed service on the date of the mem-
ber’s death or are occupying such housing on a rental
basis on such date, or whose dependents vacate such hous-
ing sooner than 180 days after the date of the member’s
death. The amount of the allowance shall be the same
amount that would otherwise be payable to the deceased
member under this section if the member had not died.
The payment of an allowance under this paragraph shall
terminate 180 days after the date of the member’s
death.’’.
(b) REPEAL
OF SUPERSEDED AUTHORITIES.—(1)
Section 403a of title 37, United States Code, is repealed.
(2) Section 405 of such title is amended—
(A) by striking out subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(3) Section 427 of such title is amended—
(A) by striking out subsection (a); and
(B) in subsection (b)—
(i) by striking out ‘‘(b) ADDITIONAL SEPA-
RATION ALLOWANCE.—’’ and inserting in lieu
244
thereof ‘‘(a) AVAILABILITY OF SEPARATION AL-
LOWANCE.—’’;
(ii) in paragraph (1), by striking out ‘‘in-
cluding subsection (a)’’ and inserting in lieu
thereof ‘‘including section 403(g) of this title’’;
(iii) in paragraph (4)—
(I) by striking out ‘‘(4) A member’’
and inserting in lieu thereof ‘‘(b) EFFECT
OF ELECTION TO SERVE UNACCOMPANIED
TOUR OF DUTY.—A member’’;
(II) by striking out ‘‘paragraph (1)(A)
of this subsection’’ and inserting in lieu
thereof ‘‘subsection (a)(1)(A)’’; and
(iv) in paragraph (5)—
(I) by striking out ‘‘(5) Section 421’’
and inserting in lieu thereof ‘‘(c) EFFECT
OF
DEPENDENT
ENTITLED
TO
BASIC
PAY.—Section 421’’; and
(II) 
by 
striking 
out 
‘‘paragraph
(1)(D)’’ both places it appears and insert-
ing in lieu thereof ‘‘subsection (a)(1)(D)’’.
(4) The table of sections at the beginning of chapter
7 of title 37, United States Code, is amended by striking
out the items relating to sections 403 and 403a and insert-
ing in lieu thereof the following new item:
‘‘403. Basic allowance for housing.’’.
245
(c) CONFORMING AMENDMENTS.—(1) Title 37, Unit-
ed States Code, is amended—
(A) in section 101(25), by striking out ‘‘basic
allowance for quarters (including any variable hous-
ing allowance or station housing allowance)’’ and in-
serting in lieu thereof ‘‘basic allowance for housing’’;
(B) in section 406(c), by striking out ‘‘sections
404 and 405’’ and inserting in lieu thereof ‘‘sections
403(f), 404, and 405’’;
(C) in section 420(c), by striking out ‘‘quar-
ters’’ and inserting in lieu thereof ‘‘housing’’;
(D) in section 551(3)(D), by striking out ‘‘basic
allowance for quarters’’ and inserting in lieu thereof
‘‘basic allowance for housing’’; and
(E) in section 1014(a), by striking out ‘‘basic
allowance for quarters’’ and inserting in lieu thereof
‘‘basic allowance for housing’’.
(2) Title 10, United States Code, is amended—
(A) in section 708(c)(1), by striking out ‘‘basic
allowance for quarters or basic allowance for subsist-
ence’’ and inserting in lieu thereof ‘‘basic allowance
for housing under section 403 of title 37, basic al-
lowance for subsistence under section 402 of such
title,’’;
(B) in section 2830(a)—
246
(i) in paragraph (1), by striking out ‘‘basic
allowance for quarters’’ and inserting in lieu
thereof ‘‘basic allowance for housing under sec-
tion 403 of title 37’’; and
(ii) in paragraph (2), by striking out
‘‘basic allowance for quarters’’ and inserting in
lieu thereof ‘‘basic allowance for housing’’;
(C) in section 2882(b)—
(i) in paragraph (1), by striking out ‘‘sec-
tion 403(b)’’ and inserting in lieu thereof ‘‘sec-
tion 403’’; and
(ii) in paragraph (2), by striking out
‘‘basic allowance for quarters’’ and all that fol-
lows through the end of the paragraph and in-
serting in lieu thereof ‘‘basic allowance for
housing under section 403 of title 37.’’;
(D) in section 7572(b)—
(i) in paragraph (1), by striking out ‘‘the
total of—’’ and all that follows through the end
of the paragraph and inserting in lieu thereof
‘‘the basic allowance for housing payable under
section 403 of title 37 to a member of the same
pay grade without dependents for the period
during which the member is deprived of quar-
ters on board ship.’’; and
248
of the various components of the basic allowance for hous-
ing authorized by section 403 of title 37, United States
Code (as amended by subsection (a)), during a transition
period of not more than six years. During the transition
period, the Secretary may continue to use the authorities
provided under sections 403, 403a, 405(b), and 427(a) of
title 37, United States Code (as in effect on the day before
the date of the enactment of this Act), but subject to such
modifications as the Secretary considers necessary, to pro-
vide allowances for members of the uniformed services.
(e) AVAILABILITY OF FUNDS TO REDUCE OUT-OF-
POCKET HOUSING COSTS.—Of the amount authorized to
be appropriated pursuant to section 421 for military per-
sonnel, $35,000,000 shall be available to the Secretary of
Defense to increase the rates of basic allowance for quar-
ters authorized members of the Armed Forces by section
403 of title 37, United States Code (as amended by sub-
section (a)), so as to further reduce out-of-pocket housing
costs incurred by members of the Armed Forces.
249
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES
AND SPECIAL PAY AUTHORITIES FOR RE-
SERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of title 37, United States Code, is amend-
ed by striking out ‘‘September 30, 1998’’ and inserting
in lieu thereof ‘‘September 30, 1999’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1998’’ and inserting in
lieu thereof ‘‘September 30, 1999’’.
(d) SPECIAL PAY
FOR ENLISTED MEMBERS AS-
SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section
308d(c) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of title 37, United States Code, is amended
250
by striking out ‘‘September 30, 1998’’ and inserting in
lieu thereof ‘‘September 30, 1999’’.
(f) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section 308h(g) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1998’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(i) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES
AND SPECIAL PAY AUTHORITIES FOR NURSE
OFFICER CANDIDATES, REGISTERED NURSES,
AND NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States
Code, is amended by striking out ‘‘September 30, 1998’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1998’’ and in-
serting in lieu thereof ‘‘September 30, 1999’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
251
Code, is amended by striking out ‘‘September 30, 1998’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER BONUSES AND
SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1998,’’ and inserting in
lieu thereof ‘‘September 30, 1999,’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Section 308(g) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1998’’ and in-
serting in lieu thereof ‘‘September 30, 1999’’.
(c) ENLISTMENT BONUSES
FOR MEMBERS WITH
CRITICAL SKILLS.—Sections 308a(c) and 308f(c) of title
37, United States Code, are each amended by striking out
‘‘September 30, 1998’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1999’’.
(d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI-
CERS EXTENDING PERIOD OF ACTIVE DUTY.—Section
312(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(e) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of title 37, United States Code, is amended by
252
striking out ‘‘September 30, 1998’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(f) 
NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section 312c(d) of title 37, United States Code,
is amended by striking out ‘‘October 1, 1998’’ and insert-
ing in lieu thereof ‘‘October 1, 1999’’.
(g) REPAYMENT OF EDUCATION LOANS FOR CER-
TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
LECTED RESERVE.—Section 16302(d) of title 10, United
States Code, is amended by striking out ‘‘October 1,
1998’’ and inserting in lieu thereof ‘‘October 1, 1999’’.
SEC. 614. INCREASE IN MINIMUM MONTHLY RATE OF HAZ-
ARDOUS DUTY INCENTIVE PAY FOR CERTAIN
MEMBERS.
(a) AERIAL FLIGHT CREWMEMBERS.—The table in
subsection (b) of section 301 of title 37, United States
Code, is amended—
(1) by striking out ‘‘110’’ each place it appears
and inserting in lieu thereof ‘‘150’’; and
(2) by striking out ‘‘125’’ each place it appears
and inserting in lieu thereof ‘‘150’’.
(b) AIR WEAPONS CONTROLLER AIRCREW.—The
table in subsection (c)(2)(A) of such section is amended—
(1) by striking out ‘‘100’’ in the first column of
amounts and inserting in lieu thereof ‘‘150’’;
253
(2) by striking out ‘‘110’’ in the last column of
amounts and inserting in lieu thereof ‘‘150’’; and
(3) by striking out ‘‘125’’ each place it appears
and inserting in lieu thereof ‘‘150’’.
(c) OTHER MEMBERS.—Subsection (c)(1) of such
section is amended—
(1) by striking out ‘‘$110’’ and inserting in lieu
thereof ‘‘$150’’; and
(2) by striking out ‘‘$165’’ and inserting in lieu
thereof ‘‘$225’’.
SEC. 615. AVAILABILITY OF MULTIYEAR RETENTION BONUS
FOR DENTAL OFFICERS.
(a) AVAILABILITY OF RETENTION BONUS.—Chapter
5 of title 37, United States Code, is amended by inserting
after section 301d the following new section:
‘‘§ 301e. Multiyear retention bonus: dental officers of
the armed forces
‘‘(a) BONUS AUTHORIZED.—(1) A dental officer de-
scribed in subsection (b) who executes a written agreement
to remain on active duty for two, three, or four years after
completion of any other active-duty service commitment
may, upon acceptance of the written agreement by the
Secretary of the military department concerned, be paid
a retention bonus as provided in this section.
254
‘‘(2) The amount of a retention bonus under para-
graph (1) may not exceed $14,000 for each year covered
by a four-year agreement. The maximum yearly retention
bonus for two-year and three-year agreements shall be re-
duced to reflect the shorter service commitment.
‘‘(b) OFFICERS AUTOMATICALLY ELIGIBLE.—Sub-
section (a) applies to an officer of the armed forces who—
‘‘(1) is an officer of the Dental Corps of the
Army or the Navy or an officer of the Air Force des-
ignated as a dental officer;
‘‘(2) has a dental specialty in oral and maxillo-
facial surgery;
‘‘(3) is in a pay grade below pay grade 0–7;
‘‘(4) has at least eight years of creditable serv-
ice (computed as described in section 302b(g) of this
title) or has completed any active-duty service com-
mitment incurred for dental education and training;
and
‘‘(5) has completed initial residency training (or
will complete such training before September 30 of
the fiscal year in which the officer enters into an
agreement under subsection (a)).
‘‘(c) EXTENSION OF BONUS TO OTHER DENTAL OF-
FICERS.—At the discretion of the Secretary of the military
department concerned, the Secretary may enter into a
255
written agreement described in subsection (a)(1) with a
dental officer who does not have the dental specialty speci-
fied in subsection (b)(2), and pay a retention bonus to
such an officer as provided in this section, if the officer
otherwise satisfies the eligibility requirements specified in
subsection (b). The Secretaries shall exercise the authority
provided in this section in a manner consistent with regu-
lations prescribed by the Secretary of Defense.
‘‘(d) REFUNDS.—(1) Refunds shall be required, on
a pro rata basis, of sums paid under this section if the
officer who has received the payment fails to complete the
total period of active duty specified in the agreement, as
conditions and circumstances warrant.
‘‘(2) An obligation to reimburse the United States
imposed under paragraph (1) is for all purposes a debt
owed to the United States.
‘‘(3) A discharge in bankruptcy under title 11, United
States Code, that is entered less than five years after the
termination of an agreement under this section does not
discharge the member signing such agreement from a debt
arising under such agreement or under paragraph (1).
This paragraph applies to any case commenced under title
11 after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998.’’.