H. R. 3616—68
‘‘(2) In establishing a quantity or other restriction, the
Secretary—
‘‘(A) may not discriminate among the various categories
of eligible patrons of the commissary and exchange system;
and
‘‘(B) shall ensure that the restriction is consistent with
the purpose of the overseas commissary and exchange system
to provide reasonable access for eligible patrons to purchase
merchandise items made in the United States.
‘‘(b) CONTROLLED ITEM LISTS.—For each location outside the
United States that is served by the commissary system or the
exchange system, the Secretary of Defense may maintain a list
of controlled merchandise items, except that, after the date of
the enactment of this section, the Secretary may not change the
list to add a merchandise item unless, before making the change,
the Secretary submits to Congress a notice of the proposed addition
and the reasons for the addition of the item.
‘‘(c) ANNUAL REPORT.—The Secretary of Defense shall submit
to Congress an annual report describing the host nation laws and
the treaty obligations of the United States, and the conditions
within host nations, that necessitate the use of quantity or other
restrictions on purchases in commissary and exchange stores located
outside the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2492. Overseas commissary and exchange stores: access and purchase restrictions.’’.
SEC. 366. REPEAL OF REQUIREMENT FOR AIR FORCE TO SELL
TOBACCO PRODUCTS TO ENLISTED PERSONNEL.
(a) REPEAL.—Section 9623 of title 10, United States Code, is
repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 939 of such title is amended by striking out the
item relating to section 9623.
SEC. 367. PROHIBITION ON CONSOLIDATION OR OTHER ORGANIZA-
TIONAL CHANGES OF DEPARTMENT OF DEFENSE RETAIL
SYSTEMS.
(a) DEFENSE RETAIL SYSTEMS DEFINED.—For purposes of this
section, the term ‘‘defense retail systems’’ means the defense com-
missary system and exchange stores and other revenue-generating
facilities operated by nonappropriated fund activities of the Depart-
ment of Defense for the morale, welfare, and recreation of members
of the Armed Forces.
(b) PROHIBITION.—The operation and administration of the
defense retail systems may not be consolidated or otherwise merged
unless the consolidation or merger is specifically authorized by
a law enacted after the date of the enactment of this Act.
(c) EFFECT ON EXISTING STUDY.—Nothing in this section shall
be construed to prohibit the study of defense retail systems, known
as the ‘‘Joint Exchange Due Diligence Study’’, which is underway
on the date of the enactment of this Act pursuant to a contract
awarded by the Department of the Navy on April 21, 1998, except
that any recommendation contained in the completed study regard-
ing the operation or administration of the defense retail systems
H. R. 3616—69
may not be implemented unless implementation of the recommenda-
tion is specifically authorized by a law enacted after the date
of the enactment of this Act.
SEC. 368. DEFENSE COMMISSARY AGENCY TELECOMMUNICATIONS.
(a) USE OF FTS 2000/2001.—The Secretary of Defense shall
prescribe in regulations authority for the Defense Commissary
Agency to meet its telecommunication requirements by obtaining
telecommunication services and related items under the FTS 2000/
2001 contract.
(b) REPORT.—Upon the initiation of telecommunication service
for the Defense Commissary Agency under the FTS 2000/2001 con-
tract, the Secretary of Defense shall submit to Congress a notifica-
tion that the service has been initiated.
(c) DEFINITION.—In this section, the term ‘‘FTS 2000/2001 con-
tract’’ means the contract for the provision of telecommunication
services for the Federal Government that was entered into by
the Defense Information Technology Contract Organization.
SEC. 369. SURVEY OF COMMISSARY STORE PATRONS REGARDING
SATISFACTION WITH COMMISSARY STORE MERCHAN-
DISE.
(a) PATRON SURVEY.—The Secretary of Defense shall enter into
a contract with a commercial survey firm to conduct a survey
of eligible patrons of the commissary store system to determine
patron satisfaction with the merchandise sold in commissary stores,
including patron views on product quality, prices, assortment, and
such other matters as the Secretary considers appropriate.
(b) SURVEY LOCATION.—The survey shall be conducted at not
less than three military installations in the United States of each
of the Armed Forces (other than the Coast Guard).
(c) REPORT ON RESULTS.—The survey shall be completed, and
the results submitted to the Secretary of Defense, the Committee
on Armed Services of the Senate, and the Committee on National
Security of the House of Representatives, not later than February
28, 1999.
Subtitle G—Other Matters
SEC. 371. ELIGIBILITY REQUIREMENTS FOR ATTENDANCE AT DEPART-
MENT 
OF 
DEFENSE 
DOMESTIC 
DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.
(a) DEPENDENTS OF MEMBERS RESIDING IN CERTAIN AREAS.—
Subsection (a) of section 2164 of title 10, United States Code,
is amended—
(1) by designating the first sentence as paragraph (1);
(2) by designating the second sentence as paragraph (2);
and
(3) by adding at the end of paragraph (2) (as so designated)
the following new sentence: ‘‘If a member of the armed forces
is assigned to a remote location or is assigned to an unaccom-
panied tour of duty, a dependent of the member who resides,
on or off a military installation, in a territory, commonwealth,
or possession of the United States, as authorized by the mem-
ber’s orders, may be enrolled in an educational program pro-
vided by the Secretary under this subsection.’’.
H. R. 3616—70
(b) WAIVER
OF
FIVE-YEAR
ATTENDANCE
LIMITATION.—Sub-
section (c)(2) of such section is amended by striking out subpara-
graph (B) and inserting in lieu thereof the following new subpara-
graph:
‘‘(B) At the discretion of the Secretary, a dependent referred
to in subparagraph (A) may be enrolled in the program for more
than five consecutive school years if the dependent is otherwise
qualified for enrollment, space is available in the program, and
the Secretary will be reimbursed for the educational services pro-
vided. Any such extension shall cover only one school year at
a time.’’.
(c) CUSTOMS
SERVICE
EMPLOYEE
DEPENDENTS
IN
PUERTO
RICO.—(1) Subsection (c)(1) of such section is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(B) by adding at the end the following new subparagraph:
‘‘(B) A dependent of a United States Customs Service employee
who resides in Puerto Rico, but not on a military installation,
may enroll in an educational program provided by the Secretary
pursuant to subsection (a) in Puerto Rico in accordance with the
same rules as apply to a dependent of a Federal employee residing
in permanent living quarters on a military installation.’’.
(2) Subsection (c)(2) of such section is further amended by
adding at the end the following new subparagraph:
‘‘(D) Subparagraph (A) shall not apply to a dependent covered
by paragraph (1)(B). No requirement under this paragraph for
reimbursement for educational services provided for the dependent
shall apply with respect to the dependent, except that the Secretary
may require the United States Customs Service to reimburse the
Secretary for the cost of the educational services provided for the
dependent.’’.
(3) The amendments made by this subsection shall apply with
respect to academic years beginning on or after the date of the
enactment of this Act.
SEC. 372. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENE-
FIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR
FISCAL YEAR 1999.—Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities—
(1) $30,000,000 shall be available only for the purpose
of providing educational agencies assistance (as defined in sub-
section (d)(1)) to local educational agencies; and
(2) $5,000,000 shall be available only for the purpose of
making educational agencies payments (as defined in subsection
(d)(2)) to local educational agencies.
(b) NOTIFICATION.—Not later than June 30, 1999, the Secretary
of Defense shall—
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1999 of that
agency’s eligibility for such assistance 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 fiscal year 1999 of
that agency’s eligibility for such payment and the amount of
the payment for which that agency is eligible.
H. R. 3616—71
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under paragraphs (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 subsection (b).
(d) DEFINITIONS.—In this section:
(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 pay-
ments 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)).
SEC. 373. DEPARTMENT OF DEFENSE READINESS REPORTING SYSTEM.
(a) ESTABLISHMENT
OF SYSTEM.—(1) Chapter 2 of title 10,
United States Code, is amended by inserting after section 116
the following new section:
‘‘§ 117. Readiness reporting system: establishment; reporting
to congressional committees
‘‘(a) REQUIRED READINESS REPORTING SYSTEM.—The Secretary
of Defense shall establish a comprehensive readiness reporting sys-
tem for the Department of Defense. The readiness reporting system
shall measure in an objective, accurate, and timely manner the
capability of the armed forces to carry out—
‘‘(1) the National Security Strategy prescribed by the Presi-
dent in the most recent annual national security strategy report
under section 108 of the National Security Act of 1947 (50
U.S.C. 404a);
‘‘(2) the defense planning guidance provided by the Sec-
retary of Defense pursuant to section 113(g) of this title; and
‘‘(3) the National Military Strategy prescribed by the Chair-
man of the Joint Chiefs of Staff.
‘‘(b) READINESS
REPORTING
SYSTEM
CHARACTERISTICS.—In
establishing the readiness reporting system, the Secretary shall
ensure—
‘‘(1) that the readiness reporting system is applied uni-
formly throughout the Department of Defense;
‘‘(2) that information in the readiness reporting system
is continually updated, with any change in the overall readiness
status of a unit, an element of the training establishment,
or an element of defense infrastructure, that is required to
be reported as part of the readiness reporting system, being
reported within 24 hours of the event necessitating the change
in readiness status; and
‘‘(3) that sufficient resources are provided to establish and
maintain the system so as to allow reporting of changes in
readiness status as required by this section.
‘‘(c) CAPABILITIES.—The readiness reporting system shall meas-
ure such factors relating to readiness as the Secretary prescribes,
except that the system shall include the capability to do each
of the following:
H. R. 3616—72
‘‘(1) Measure, on a monthly basis, the capability of units
(both as elements of their respective armed force and as ele-
ments of joint forces) to conduct their assigned wartime mis-
sions.
‘‘(2) Measure, on a quarterly basis, the capability of training
establishments to provide trained and ready forces for wartime
missions.
‘‘(3) Measure, on a quarterly basis, the capability of defense
installations and facilities and other elements of Department
of Defense infrastructure, both in the United States and abroad,
to provide appropriate support to forces in the conduct of their
wartime missions.
‘‘(4) Measure, on a monthly basis, critical warfighting defi-
ciencies in unit capability.
‘‘(5) Measure, on a quarterly basis, critical warfighting
deficiencies in training establishments and defense infrastruc-
ture.
‘‘(6) Measure, on a monthly basis, the level of current
risk based upon the readiness reporting system relative to
the capability of forces to carry out their wartime missions.
‘‘(d) QUARTERLY AND MONTHLY JOINT READINESS REVIEWS.—
(1) The Chairman of the Joint Chiefs of Staff shall—
‘‘(A) on a quarterly basis, conduct a joint readiness review;
and
‘‘(B) on a monthly basis, review any changes that have
been reported in readiness since the previous joint readiness
review.
‘‘(2) The Chairman shall incorporate into both the joint readi-
ness review required under paragraph (1)(A) and the monthly
review required under paragraph (1)(B) the current information
derived from the readiness reporting system and shall assess the
capability of the armed forces to execute their wartime missions
based upon their posture at the time the review is conducted.
The Chairman shall submit to the Secretary of Defense the results
of each review under paragraph (1), including the deficiencies in
readiness identified during that review.
‘‘(e) SUBMISSION
TO CONGRESSIONAL COMMITTEES.—The Sec-
retary shall each month submit to the Committee on Armed Services
and the Committee on Appropriations of the Senate and the
Committee on National Security and the Committee on Appropria-
tions of the House of Representatives a report in writing containing
the results of the most recent joint readiness review or monthly
review conducted under subsection (d), including the current
information derived from the readiness reporting system. Each such
report shall be submitted in unclassified form and may, as the
Secretary determines necessary, also be submitted in classified
form.
‘‘(f ) REGULATIONS.—The Secretary shall prescribe regulations
to carry out this section. In those regulations, the Secretary shall
prescribe the units that are subject to reporting in the readiness
reporting system, what type of equipment is subject to such report-
ing, and the elements of the training establishment and of defense
infrastructure that are subject to such reporting.’’.
H. R. 3616—73
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 116
the following new item:
‘‘117. Readiness reporting system: establishment; reporting to congressional commit-
tees.’’.
(b) IMPLEMENTATION.—The Secretary of Defense shall establish
and implement the readiness reporting system required by section
117 of title 10, United States Code, as added by subsection (a),
so as to ensure that the capabilities required by subsection (c)
of that section are attained not later than January 15, 2000.
(c) IMPLEMENTATION PLAN.—Not later than March 1, 1999,
the Secretary of Defense shall submit to Congress a report setting
forth the Secretary’s plan for implementation of section 117 of
title 10, United States Code, as added by subsection (a).
(d) REPEAL OF QUARTERLY READINESS REPORT REQUIREMENT.—
(1) Effective January 15, 2000, or the date on which the first
report of the Secretary of Defense is submitted under section 117(e)
of title 10, United States Code, as added by subsection (a), which-
ever is later, the Secretary of Defense shall cease to submit reports
under section 482 of title 10, United States Code.
(2) Effective June 1, 2001—
(A) section 482 of title 10, United States Code, is repealed;
and
(B) the table of sections at the beginning of chapter 23
of such title is amended by striking out the item relating
to that section.
SEC. 374. SPECIFIC EMPHASIS OF PROGRAM TO INVESTIGATE FRAUD,
WASTE, AND ABUSE WITHIN DEPARTMENT OF DEFENSE.
Section 392 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105–85; 10 U.S.C. 113 note) is amended
by inserting before the period the following: ‘‘and any fraud, waste,
and abuse occurring in connection with overpayments made to
vendors by the Department of Defense, including overpayments
identified under section 354 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461
note)’’.
SEC. 375. CONDITION FOR PROVIDING FINANCIAL ASSISTANCE FOR
SUPPORT OF ADDITIONAL DUTIES ASSIGNED TO THE
ARMY NATIONAL GUARD.
(a) COMPETITIVE SOURCE SELECTION.—Section 113(b) of title
32, United States Code, is amended to read as follows:
‘‘(b) COVERED ACTIVITIES.—(1) Except as provided in paragraph
(2), financial assistance may be provided for the performance of
an activity by the Army National Guard under subsection (a) only
if—
‘‘(A) the activity is carried out in the performance of a
responsibility of the Secretary of the Army under paragraph
(6), (10), or (11) of section 3013(b) of title 10; and
‘‘(B) the Army National Guard was selected to perform
the activity under competitive procedures that permit all quali-
fied public-sector and private-sector sources to submit offers
and be considered for selection to perform the activity on the
basis of the offers.
‘‘(2) Paragraph (1)(B) does not apply to an activity that, on
the date of the enactment of this subsection, was performed for
H. R. 3616—74
the Federal Government by employees of the Federal Government
or employees of a State.’’.
(b) PROSPECTIVE APPLICABILITY.—Subsection (b)(1)(B) of section
113 of title 32, United States Code (as added by subsection (a)
of this section), does not apply to—
(1) financial assistance provided under that section before
October 1, 1998; or
(2) financial assistance for an activity that, before May
9, 1998, the Secretary of the Army identified in writing as
being under consideration for supporting with financial assist-
ance under that section.
SEC. 376. DEMONSTRATION PROGRAM TO IMPROVE QUALITY OF PER-
SONAL PROPERTY SHIPMENTS OF MEMBERS.
(a) DEFINITION.—In this section, the term ‘‘current demonstra-
tion program’’ means the pilot program to improve the movement
of household goods of members of the Armed Forces that is identi-
fied in the re-engineering pilot solicitation of the Military Traffic
Management Command designated as DAMTO1–97–R–3001.
(b) COMPLETION OF CURRENT DEMONSTRATION PROGRAM.—The
Secretary of Defense shall complete the current demonstration pro-
gram to improve the quality of personal property shipments within
the Department of Defense not later than October 1, 1999.
(c) EVALUATIONS OF CURRENT AND ALTERNATIVE DEMONSTRA-
TIONS.—(1) Not later than August 31, 1999, the Secretary of Defense
shall submit to Congress a report evaluating the following:
(A) Whether the current demonstration program, as imple-
mented, meets the goals for the current demonstration program
previously agreed upon between the Department of Defense
and representatives of private sector entities involved in the
transportation of household goods for members of the Armed
Forces, as such goals are contained in the report of the
Comptroller General designated as report ‘‘NSIAD 97–49’’.
(B) Whether the demonstration program contained in the
proposal prepared for the Secretary of Defense by private sector
entities involved in the transportation of household goods for
members of the Armed Forces as an alternative to the current
demonstration program would, if implemented, be likely to
meet the goals for the current demonstration program.
(2) The Secretary shall also submit to Congress interim reports
regarding the progress of the current demonstration program not
later than January 15, 1999, and April 15, 1999.
(d) PROHIBITION.—The Secretary of Defense may not exercise
any option with respect to the current demonstration program that
would have the effect of extending the current demonstration pro-
gram after October 1, 1999, or otherwise continue the current
demonstration program after that date, until the end of the 30-
day period beginning on the date on which the Secretary submits
the report required under subsection (c)(1).
SEC. 377. PILOT PROGRAM FOR ACCEPTANCE AND USE OF LANDING
FEES CHARGED FOR USE OF DOMESTIC MILITARY AIR-
FIELDS BY CIVIL AIRCRAFT.
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of each mili-
tary department may carry out a pilot program during fiscal years
1999 and 2000 to demonstrate the use of landing fees as a source
of funding for the operation and maintenance of airfields of that
H. R. 3616—75
department. No fee may be charged under the pilot program for
a landing after September 30, 2000.
(b) UNIFORM LANDING FEES.—The Secretary of Defense shall
prescribe the landing fees, which shall be uniform for the military
departments, that may be imposed under a pilot program carried
out under this section.
(c) USE OF PROCEEDS.—Amounts received for a fiscal year in
payment of landing fees imposed under the pilot program for use
of a military airfield shall be credited to the appropriation that
is available for that fiscal year for the operation and maintenance
of the military airfield, shall be merged with amounts in the appro-
priation to which credited, and shall be available for that military
airfield for the same period and purposes as the appropriation
is available.
(d) REPORT.—Not later than March 31, 2000, the Secretary
of Defense shall submit to Congress a report on the pilot programs
carried out under this section by the Secretaries of the military
departments. The report shall specify the amounts of fees received
and retained by each military department under its pilot program
as of December 31, 1999.
SEC. 378. STRATEGIC PLAN FOR EXPANSION OF DISTANCE LEARNING
INITIATIVES.
(a) PLAN REQUIRED.—The Secretary of Defense shall develop
a strategic plan for guiding and expanding distance learning initia-
tives within the Department of Defense. The plan shall provide
for an expansion of such initiatives over five consecutive fiscal
years beginning with fiscal year 2000.
(b) CONTENT OF PLAN.—The strategic plan shall contain, at
a minimum, the following:
(1) A statement of measurable goals and objectives and
outcome-related performance indicators (consistent with section
1115 of title 31, United States Code, relating to agency perform-
ance plans) for the development and execution of distance learn-
ing initiatives throughout the Department of Defense.
(2) A detailed description of how distance learning initia-
tives are to be developed and managed within the Department
of Defense.
(3) An assessment of the estimated costs and the benefits
associated with developing and maintaining an appropriate
infrastructure for distance learning.
(4) A statement of planned expenditures for the invest-
ments necessary to build and maintain that infrastructure.
(5) A description of the mechanisms that are to be used
to supervise the development and coordination of the distance
learning initiatives of the Department of Defense.
(c) RELATIONSHIP TO EXISTING INITIATIVE.—In developing the
strategic plan, the Secretary may take into account the ongoing
collaborative effort among the Department of Defense, other Federal
agencies, and private industry that is known as the Advanced
Distribution Learning initiative. However, the Secretary shall
ensure that the strategic plan is specifically focused on the training
and education goals and objectives of the Department of Defense.
(d) SUBMISSION TO CONGRESS.—The Secretary of Defense shall
submit the strategic plan to Congress not later than March 1,
1999.
H. R. 3616—76
SEC. 
379. 
PUBLIC 
AVAILABILITY 
OF 
OPERATING 
AGREEMENTS
BETWEEN MILITARY INSTALLATIONS AND FINANCIAL
INSTITUTIONS.
With respect to an agreement between the commander of a
military installation in the United States (or the designee of such
an installation commander) and a financial institution that permits,
allows, or otherwise authorizes the provision of financial services
by the financial institution on the military installation, nothing
in the terms or nature of such an agreement shall be construed
to exempt the agreement from the provisions of sections 552 and
552a of title 5, United States Code.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength levels.
Sec. 403. Date for submission of annual manpower requirements report.
Sec. 404. Additional exemption from percentage limitation on number of lieutenant
generals and vice admirals.
Sec. 405. Extension of authority for Chairman of the Joint Chiefs of Staff to des-
ignate up to 12 general and flag officer positions to be excluded from
general and flag officer grade limitations.
Sec. 406. Exception for Chief, National Guard Bureau, from limitation on number
of officers above major general.
Sec. 407. Limitation on daily average of personnel on active duty in grades E–8 and
E–9.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of members in certain grades authorized to serve on
active duty in support of the reserves.
Sec. 415. Consolidation of strength authorizations for active status Naval Reserve
flag officers of the Navy Medical Department Staff Corps.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1999, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,696.
(3) The Marine Corps, 172,200.
(4) The Air Force, 370,882.
SEC. 402. REVISION IN PERMANENT END STRENGTH LEVELS.
(a) REVISED END STRENGTH FLOORS.—Subsection (b) of section
691 of title 10, United States Code, is amended—
(1) in paragraph (1), by striking out ‘‘495,000’’ and inserting
in lieu thereof ‘‘480,000’’;
(2) in paragraph (2), by striking out ‘‘390,802’’ and inserting
in lieu thereof ‘‘372,696’’;
(3) in paragraph (3), by striking out ‘‘174,000’’ and inserting
in lieu thereof ‘‘172,200’’; and
H. R. 3616—77
(4) in paragraph (4), by striking out ‘‘371,577’’ and inserting
in lieu thereof ‘‘370,802’’.
(b) REVISION TO FLEXIBILITY AUTHORITY FOR THE ARMY.—Sub-
section (e) of such section is amended by striking out ‘‘1 percent
or, in the case of the Army, by not more than 1.5 percent,’’ and
inserting in lieu thereof ‘‘0.5 percent.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1998.
SEC. 403. DATE FOR SUBMISSION OF ANNUAL MANPOWER REQUIRE-
MENTS REPORT.
Section 115a(a) of title 10, United States Code, is amended—
(1) by striking out ‘‘, not later than February 15 of each
fiscal year,’’ in the first sentence; and
(2) by striking out ‘‘The report shall be in writing and’’
in the second sentence and inserting in lieu thereof ‘‘The report,
which shall be in writing, shall be submitted each year not
later than 45 days after the date on which the President sub-
mits to Congress the budget for the next fiscal year under
section 1105 of title 31. The report’’.
SEC. 404. ADDITIONAL EXEMPTION FROM PERCENTAGE LIMITATION
ON NUMBER OF LIEUTENANT GENERALS AND VICE
ADMIRALS.
Section 525(b)(4)(B) of title 10, United States Code, is amended
by striking out ‘‘six’’ and inserting in lieu thereof ‘‘seven’’.
SEC. 405. EXTENSION OF AUTHORITY FOR CHAIRMAN OF THE JOINT
CHIEFS OF STAFF TO DESIGNATE UP TO 12 GENERAL
AND FLAG OFFICER POSITIONS TO BE EXCLUDED FROM
GENERAL AND FLAG OFFICER GRADE LIMITATIONS.
Section 526(b)(2) of title 10, United States Code, is amended
by striking out ‘‘October 1, 1998’’ and inserting in lieu thereof
‘‘October 1, 2002’’.
SEC. 406. EXCEPTION FOR CHIEF, NATIONAL GUARD BUREAU, FROM
LIMITATION ON NUMBER OF OFFICERS ABOVE MAJOR
GENERAL.
Section 525(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(6) An officer while serving as Chief of the National Guard
Bureau is in addition to the number that would otherwise be
permitted for that officer’s armed force for officers serving on active
duty in grades above major general under paragraph (1).’’.
SEC. 407. LIMITATION ON DAILY AVERAGE OF PERSONNEL ON ACTIVE
DUTY IN GRADES E–8 AND E–9.
(a) FISCAL YEAR BASIS FOR APPLICATION OF LIMITATION.—The
first sentence of section 517(a) of title 10, United States Code,
is amended—
(1) by striking out ‘‘a calendar year’’ and inserting in lieu
thereof ‘‘a fiscal year’’; and
(2) by striking out ‘‘January 1 of that year’’ and inserting
in lieu thereof ‘‘the first day of that fiscal year’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1999.
H. R. 3616—78
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1999, as follows:
(1) The Army National Guard of the United States, 357,223.
(2) The Army Reserve, 208,003.
(3) The Naval Reserve, 90,843.
(4) The Marine Corps Reserve, 40,018.
(5) The Air National Guard of the United States, 106,992.
(6) The Air Force Reserve, 74,243.
(7) The Coast Guard Reserve, 8,000.
(b) WAIVER AUTHORITY.—The Secretary of Defense may vary
an end strength authorized by subsection (a) by not more than
2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately 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 SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1999, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 21,986.
(2) The Army Reserve, 12,807.
(3) The Naval Reserve, 15,590.
(4) The Marine Corps Reserve, 2,362.
(5) The Air National Guard of the United States, 10,931.
(6) The Air Force Reserve, 992.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status)
as of the last day of fiscal year 1999 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 5,395.
H. R. 3616—79
(2) For the Army National Guard of the United States,
23,125.
(3) For the Air Force Reserve, 9,761.
(4) For the Air National Guard of the United States, 22,408.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO 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
791
140
Lieutenant Colonel or Commander ....................
1,524
520
713
Colonel or Navy Captain .....................................
438
188
297
30’’.
(b) SENIOR ENLISTED MEMBERS.—The table in section 12012(a)
of such title is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 ........................................................................
623
202
395
E–8 ........................................................................
2,585
429
997
94’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take efffect on October 1, 1998.
SEC. 415. CONSOLIDATION OF STRENGTH AUTHORIZATIONS FOR
ACTIVE STATUS NAVAL RESERVE FLAG OFFICERS OF THE
NAVY MEDICAL DEPARTMENT STAFF CORPS.
Section 12004(c) of title 10, United States Code, is amended—
(1) in the table in paragraph (1)—
(A) by striking out the item relating to the Medical
Corps and inserting in lieu thereof the following:
‘‘Medical Department staff corps ...............................................................
9’’;
and
(B) by striking out the items relating to the Dental
Corps, the Nurse Corps, and the Medical Service Corps;
and
(2) by adding at the end the following:
‘‘(4)(A) For the purposes of paragraph (1), the Medical Depart-
ment staff corps referred to in the table are as follows:
‘‘(i) The Medical Corps.
‘‘(ii) The Dental Corps.
‘‘(iii) The Nurse Corps.
‘‘(iv) The Medical Service Corps.
‘‘(B) Each of the Medical Department staff corps is authorized
one rear admiral (lower half) within the strength authorization
distributed to the Medical Department staff corps under paragraph
(1). The Secretary of the Navy shall distribute the remainder of
the strength authorization for the Medical Department staff corps
under that paragraph among those staff corps as the Secretary
determines appropriate to meet the needs of the Navy.’’.
H. R. 3616—80
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 1999 a total
of $70,592,286,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 1999.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Codification of eligibility of retired officers and former officers for consider-
ation by special selection boards.
Sec. 502. Involuntary separation pay denied for officer discharged for failure of
selection for promotion requested by the officer.
Sec. 503. Streamlined selective retention process for regular officers.
Sec. 504. Permanent applicability of limitations on years of active naval service of
Navy limited duty officers in grades of commander and captain.
Sec. 505. Tenure of Chief of the Air Force Nurse Corps.
Sec. 506. Grade of Air Force Assistant Surgeon General for Dental Services.
Sec. 507. Review regarding allocation of Naval Reserve Officers’ Training Corps
scholarships among participating colleges and universities.
Subtitle B—Reserve Component Matters
Sec. 511. Use of Reserves for emergencies involving weapons of mass destruction.
Sec. 512. Service required for retirement of National Guard officer in higher grade.
Sec. 513. Reduced time-in-grade requirement for reserve general and flag officers in-
voluntarily transferred from active status.
Sec. 514. Active status service requirement for promotion consideration for Army
and Air Force reserve component brigadier generals.
Sec. 515. Composition of selective early retirement boards for rear admirals of the
Naval Reserve and major generals of the Marine Corps Reserve.
Sec. 516. Authority for temporary waiver for certain Army Reserve officers of bacca-
laureate degree requirement for promotion of reserve officers.
Sec. 517. Furnishing of burial flags for deceased members and former members of
the Selected Reserve.
Subtitle C—Military Education and Training
Sec. 521. Separate housing for male and female recruits during recruit basic train-
ing.
Sec. 522. After-hours privacy for recruits during basic training.
Sec. 523. Sense of the House of Representatives relating to small unit assignments
by gender during recruit basic training.
Sec. 524. Extension of reporting dates for Commission on Military Training and
Gender-Related Issues.
Sec. 525. Improved oversight of innovative readiness training.
Subtitle D—Decorations, Awards, and Commendations
Sec. 531. Study of new decorations for injury or death in line of duty.
Sec. 532. Waiver of time limitations for award of certain decorations to certain
persons.
Sec. 533. Commendation and commemoration of the Navy and Marine Corps person-
nel who served in the United States Navy Asiatic Fleet from 1910–1942.
Sec. 534. Appreciation for service during World War I and World War II by mem-
bers of the Navy assigned on board merchant ships as the Naval Armed
Guard Service.
Sec. 535. Sense of Congress regarding the heroism, sacrifice, and service of the mili-
tary forces of South Vietnam, other nations, and indigenous groups in
connection with the United States Armed Forces during the Vietnam
conflict.
H. R. 3616—81
Sec. 536. Sense of Congress regarding the heroism, sacrifice, and service of former
South Vietnamese commandos in connection with United States Armed
Forces during the Vietnam conflict.
Sec. 537. Prohibition on members of Armed Forces entering correctional facilities to
present decorations to persons who have committed serious violent
felonies.
Subtitle E—Administration of Agencies Responsible for Review and
Correction of Military Records
Sec. 541. Personnel freeze.
Sec. 542. Professional staff.
Sec. 543. Ex parte communications.
Sec. 544. Timeliness standards.
Sec. 545. Scope of correction of military records.
Subtitle F—Reports
Sec. 551. Report on personnel retention.
Sec. 552. Report on process for selection of members for service on courts-martial.
Sec. 553. Report on prisoners transferred from United States Disciplinary Barracks,
Fort Leavenworth, Kansas, to Federal Bureau of Prisons.
Sec. 554. Review and report regarding the distribution of National Guard full-time
support among the States.
Subtitle G—Other Matters
Sec. 561. Two-year extension of certain force drawdown transition authorities relat-
ing to personnel management and benefits.
Sec. 562. Leave without pay for suspended academy cadets and midshipmen.
Sec. 563. Continued eligibility under Voluntary Separation Incentive program for
members who involuntarily lose membership in a reserve component.
Sec. 564. Reinstatement of definition of financial institution in authorities for reim-
bursement of defense personnel for Government errors in direct deposit
of pay.
Sec. 565. Increase in maximum amount for College Fund program.
Sec. 566. Central Identification Laboratory, Hawaii.
Sec. 567. Military funeral honors for veterans.
Sec. 568. Status in the Naval Reserve of cadets at the Merchant Marine Academy.
Sec. 569. Repeal of restriction on civilian employment of enlisted members.
Sec. 570. Transitional compensation for abused dependent children not residing with
the spouse or former spouse of a member convicted of dependent abuse.
Sec. 571. Pilot program for treating GED and home school diploma recipients as
high school graduates for determinations of eligibility for enlistment in
the Armed Forces.
Sec. 572. Sense of Congress concerning New Parent Support Program and military
families.
Sec. 573. Advancement of Benjamin O. Davis, Junior, to grade of general on the
retired list of the Air Force.
Sec. 574. Sense of the House of Representatives concerning adherence by civilians
in military chain of command to the standard of exemplary conduct re-
quired of commanding officers and others in authority in the Armed
Forces.
Subtitle A—Officer Personnel Policy
SEC. 501. CODIFICATION OF ELIGIBILITY OF RETIRED OFFICERS AND
FORMER OFFICERS FOR CONSIDERATION BY SPECIAL
SELECTION BOARDS.
(a) PERSONS NOT CONSIDERED
BY PROMOTION BOARDS DUE
TO ADMINISTRATIVE ERROR.—Subsection (a) of section 628 of title
10, United States Code, is amended—
(1) by striking out paragraph (1) (and the subsection des-
ignation at the beginning of that paragraph) and inserting
in lieu thereof the following:
‘‘(a) PERSONS NOT CONSIDERED BY PROMOTION BOARDS DUE
TO ADMINISTRATIVE ERROR.—(1) If the Secretary of the military
department concerned determines that because of administrative
error a person who should have been considered for selection for
H. R. 3616—82
promotion by a promotion board was not so considered, the Sec-
retary shall convene a special selection board under this subsection
to determine whether that person (whether or not then on active
duty) should be recommended for promotion.’’;
(2) in paragraph (2), by striking out ‘‘the officer as his
record’’ in the first sentence and inserting in lieu thereof ‘‘the
person whose name was referred to it for consideration as
that record’’; and
(3) in paragraph (3), by striking out ‘‘an officer in a grade’’
and all that follows through ‘‘the officer’’ and inserting in lieu
thereof ‘‘a person whose name was referred to it for consider-
ation for selection for appointment to a grade other than a
general officer or flag officer grade, the person’’.
(b) PERSONS CONSIDERED BY PROMOTION BOARDS IN UNFAIR
MANNER.—Subsection (b) of such section is amended—
(1) by striking out paragraph (1) and inserting in lieu
thereof the following:
‘‘(b) PERSONS CONSIDERED BY PROMOTION BOARDS IN UNFAIR
MANNER.—(1) If the Secretary of the military department concerned
determines, in the case of a person who was considered for selection
for promotion by a promotion board but was not selected, that
there was material unfairness with respect to that person, the
Secretary may convene a special selection board under this sub-
section to determine whether that person (whether or not then
on active duty) should be recommended for promotion. In order
to determine that there was material unfairness, the Secretary
must determine that—
‘‘(A) the action of the promotion board that considered
the person was contrary to law or involved material error
of fact or material administrative error; or
‘‘(B) the board did not have before it for its consideration
material information.’’;
(2) in paragraph (2), by striking out ‘‘the officer as his
record’’ in the first sentence and inserting in lieu thereof ‘‘the
person whose name was referred to it for consideration as
that record’’; and
(3) in paragraph (3)—
(A) by striking out ‘‘an officer’’ and inserting in lieu
thereof ‘‘a person’’; and
(B) by striking out ‘‘the officer’’ and inserting in lieu
thereof ‘‘the person’’.
(c) CONFORMING AMENDMENTS.—(1) Subsection (c) of such sec-
tion is amended—
(A) by inserting ‘‘REPORTS OF BOARDS.—’’ after ‘‘(c)’’;
(B) by striking out ‘‘officer’’ both places it appears in para-
graph (1) and inserting in lieu thereof ‘‘person’’; and
(C) in paragraph (2), by adding the following new sentence
at the end: ‘‘However, in the case of a board convened under
this section to consider a warrant officer or former warrant
officer, the provisions of sections 576(d) and 576(f ) of this
title (rather than the provisions of section 617(b) and 618
of this title) apply to the report and proceedings of the board
in the same manner as they apply to the report and proceedings
of a selection board convened under section 573 of this title.’’.
(2) Subsection (d)(1) of such section is amended—
(A) by inserting ‘‘APPOINTMENT OF PERSONS SELECTED BY
BOARDS.—’’ after ‘‘(d)’’;
H. R. 3616—83
(B) by striking out ‘‘an officer’’ and inserting in lieu thereof
‘‘a person’’;
(C) by striking out ‘‘such officer’’ and inserting in lieu
thereof ‘‘that person’’;
(D) by striking out ‘‘the next higher grade’’ the second
place it appears and inserting in lieu thereof ‘‘that grade’’;
and
(E) by adding at the end the following: ‘‘However, in the
case of a board convened under this section to consider a
warrant officer or former warrant officer, if the report of that
board, as approved by the Secretary concerned, recommends
that warrant officer or former warrant officer for promotion
to the next higher grade, that person shall, as soon as prac-
ticable, be appointed to the next higher grade in accordance
with provisions of section 578(c) of this title (rather than sub-
sections (b), (c), and (d) of section 624 of this title).’’.
(3) Subsection (d)(2) of such section is amended—
(A) by striking out ‘‘An officer who is promoted’’ and insert-
ing in lieu thereof ‘‘A person who is appointed’’;
(B) by striking out ‘‘such promotion’’ and inserting in lieu
thereof ‘‘that appointment’’; and
(C) by adding at the end the following new sentence: ‘‘In
the case of a person who is not on the active-duty list when
appointed to the next higher grade, placement of that person
on the active-duty list pursuant to the preceding sentence shall
be only for purposes of determination of eligibility of that
person for consideration for promotion by any subsequent spe-
cial selection board under this section.’’.
(d) APPLICABILITY TO DECEASED PERSONS.—Subsection (e) of
such section is amended to read as follows:
‘‘(e) DECEASED PERSONS.—If a person whose name is being
considered for referral to a special selection board under this section
dies before the completion of proceedings under this section with
respect to that person, this section shall be applied to that person
posthumously.’’.
(e) RECODIFICATION OF ADMINISTRATIVE MATTERS.—Such sec-
tion is further amended by adding at the end the following:
‘‘(f ) CONVENING
OF BOARDS.—A board convened under this
section—
‘‘(1) shall be convened under regulations prescribed by the
Secretary of Defense;
‘‘(2) shall be composed in accordance with section 612 of
this title or, in the case of board to consider a warrant officer
or former warrant officer, in accordance with section 573 of
this title and regulations prescribed by the Secretary of the
military department concerned; and
‘‘(3) shall be subject to the provisions of section 613 of
this title.
‘‘(g) PROMOTION BOARD DEFINED.—In this section, the term
‘promotion board’ means a selection board convened by the Secretary
of a military department under section 573(a) or 611(a) of this
title.’’.
(f ) RATIFICATION
OF CODIFIED PRACTICE.—The consideration
by a special selection board convened under section 628 of title
10, United States Code, before the date of the enactment of this
Act of a person who, at the time of consideration, was a retired
H. R. 3616—84
officer or former officer of the Armed Forces (including a deceased
retired or former officer) is hereby ratified.
SEC. 502. INVOLUNTARY SEPARATION PAY DENIED FOR OFFICER DIS-
CHARGED FOR FAILURE OF SELECTION FOR PROMOTION
REQUESTED BY THE OFFICER.
(a) INELIGIBILITY FOR SEPARATION PAY.—Section 1174(a) of title
10, United States Code, is amended by adding at the end the
following:
‘‘(3) Notwithstanding paragraphs (1) and (2), an officer dis-
charged under any provision of chapter 36 of this title for twice
failing of selection for promotion to the next higher grade is not
entitled to separation pay under this section if either (or both)
of those failures of selection for promotion was by the action of
a selection board to which the officer submitted a request in writing
not to be selected for promotion or who otherwise directly caused
his nonselection through written communication to the Board under
section 614(b) of this title.’’.
(b) REPORT OF SELECTION BOARD TO NAME OFFICERS REQUEST-
ING NONSELECTION.—Section 617 of such title is amended by adding
at the end the following:
‘‘(c) A selection board convened under section 611(a) of this
title shall include in its report to the Secretary concerned the
name of any regular officer considered and not recommended for
promotion by the board who submitted to the board a request
not to be selected for promotion or who otherwise directly caused
his nonselection through written communication to the Board under
section 614(b) of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to selection boards convened under section
611(a) of title 10, United States Code, on or after the date of
the enactment of this Act.
SEC. 503. STREAMLINED SELECTIVE RETENTION PROCESS FOR REGU-
LAR OFFICERS.
(a) REPEAL OF REQUIREMENT FOR DUPLICATIVE BOARD.—Section
1183 of title 10, United States Code, is repealed.
(b) CONFORMING AMENDMENTS.—(1) Section 1182(c) of such
title is amended by striking out ‘‘send the record of proceedings
to a board of review convened under section 1183 of this title’’
and inserting in lieu thereof ‘‘recommend to the Secretary concerned
that the officer not be retained on active duty’’.
(2) Section 1184 of such title is amended by striking out ‘‘board
of review convened under section 1183 of this title’’ and inserting
in lieu thereof ‘‘board of inquiry convened under section 1182 of
this title’’.
(c) CLERICAL AMENDMENTS.—(1) The heading for section 1184
of such title is amended by striking out ‘‘review’’ and inserting
in lieu thereof ‘‘inquiry’’.
H. R. 3616—85
(2) The table of sections at the beginning of chapter 60 of
such title is amended by striking out the items relating to sections
1183 and 1184 and inserting in lieu thereof the following:
‘‘1184. Removal of officer: action by Secretary upon recommendation of board of in-
quiry.’’.
SEC. 504. PERMANENT APPLICABILITY OF LIMITATIONS ON YEARS OF
ACTIVE NAVAL SERVICE OF NAVY LIMITED DUTY OFFI-
CERS IN GRADES OF COMMANDER AND CAPTAIN.
(a) COMMANDERS.—Section 633 of title 10, United States Code,
is amended—
(1) by striking out ‘‘Except an officer’’ and all that follows
through ‘‘or section 6383 of this title applies’’ and inserting
in lieu thereof ‘‘Except an officer of the Navy or Marine Corps
who is an officer designated for limited duty to whom section
5596(e) or 6383 of this title applies’’; and
(2) by striking out the second sentence.
(b) CAPTAINS.—Section 634 of such title is amended—
(1) by inserting ‘‘an officer of the Navy who is designated
for limited duty to whom section 6383(a)(4) of this title applies
and except’’ in the first sentence after ‘‘Except’’; and
(2) by striking out the second sentence.
(c) YEARS OF ACTIVE NAVAL SERVICE.—Section 6383(a) of such
title is amended by striking out paragraph (5).
(d) LIMITATIONS ON SELECTIVE RETENTIONS.—Section 6383(k)
of such title is amended by striking out the last sentence.
SEC. 505. TENURE OF CHIEF OF THE AIR FORCE NURSE CORPS.
Section 8069(b) of title 10, United States Code, is amended
by striking out ‘‘, but not for more than three years, and may
not be reappointed to the same position’’ in the last sentence.
SEC. 506. GRADE OF AIR FORCE ASSISTANT SURGEON GENERAL FOR
DENTAL SERVICES.
Section 8081 of title 10, United States Code, is amended—
(1) in the first sentence, by striking out ‘‘major’’ and insert-
ing in lieu thereof ‘‘lieutenant colonel’’; and
(2) by striking out the second sentence and inserting in
lieu thereof the following: ‘‘An appointee who holds a lower
regular grade shall be appointed in the regular grade of briga-
dier general. The Assistant Surgeon General for Dental Services
serves at the pleasure of the Secretary.’’.
SEC. 507. REVIEW REGARDING ALLOCATION OF NAVAL RESERVE OFFI-
CERS’ TRAINING CORPS SCHOLARSHIPS AMONG PARTICI-
PATING COLLEGES AND UNIVERSITIES.
(a) REVIEW.—The Secretary of the Navy should review the
process and criteria used to determine the number of Naval Reserve
Officer Training Corps (NROTC) scholarship recipients who attend
each college and university participating in the NROTC program
and how those scholarships are allocated to those schools.
(b) PURPOSE OF REVIEW.—The review should seek to deter-
mine—
(1) whether the method used by the Navy to allocate
NROTC scholarships could be changed so as to increase the
likelihood that scholarship awardees attend the school of their
choice while maintaining the Navy’s capability to attain the
objectives of the Naval ROTC program to meet the annual
H. R. 3616—86
requirement for newly commissioned Navy ensigns and Marine
Corps second lieutenants, as well as the overall needs of the
officer corps of the Department of the Navy; and
(2) within the determination under paragraph (1), whether
the likelihood of a scholarship awardee who wants to attend
a school of choice in the student’s State of residence can be
increased.
(c) MATTERS REVIEWED.—The matters reviewed should include
the following:
(1) The factors and criteria considered in the process of
determining the allocation of NROTC scholarships to host
colleges and universities.
(2) Historical data indicating the extent to which NROTC
scholarship recipients attend colleges and universities they
have indicated a preference to attend, as opposed to attending
solely or mainly in order to receive an NROTC scholarship.
(3) The extent to which the process used by the Navy
to allocate NROTC scholarships to participating colleges and
universities contributes to optimizing resources available for
the operation of the NROTC program and improving the profes-
sional education of NROTC midshipmen.
(4) The effects that eliminating the controlled allocation
of scholarships to host colleges and universities, entirely or
by State, would have on the NROTC program.
(d) CONSULTATION REQUIREMENT.—In carrying out a review
under subsection (a), the Secretary should consult with officials
of interested associations and of colleges and universities which
host ROTC units and such other officials as the Secretary considers
appropriate.
Subtitle B—Reserve Component Matters
SEC. 511. USE OF RESERVES FOR EMERGENCIES INVOLVING WEAPONS
OF MASS DESTRUCTION.
(a) ORDER
TO ACTIVE DUTY.—(1) Section 12304 of title 10,
United States Code, is amended—
(A) in subsection (a), by inserting ‘‘or that it is necessary
to provide assistance referred to in subsection (b)’’ after ‘‘to
augment the active forces for any operational mission’’;
(B) in subsection (b)—
(i) by striking out ‘‘(b)’’ and inserting in lieu thereof
‘‘(c) LIMITATIONS.—(1)’’; and
(ii) by striking out ‘‘, or to provide’’ and inserting in
lieu thereof ‘‘or, except as provided in subsection (b), to
provide’’;
(C) by redesignating subsection (c) as paragraph (2); and
(D) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) SUPPORT FOR RESPONSES TO CERTAIN EMERGENCIES.—The
authority under subsection (a) includes authority to order a unit
or member to active duty to provide assistance in responding to
an emergency involving a use or threatened use of a weapon of
mass destruction.’’.
(2) Subsection (i) of such section is amended to read as follows:
‘‘(i) DEFINITIONS.—In this section:
H. R. 3616—87
‘‘(1) The term ‘Individual Ready Reserve mobilization cat-
egory’ means, in the case of any reserve component, the category
of the Individual Ready Reserve described in section 10144(b)
of this title.
‘‘(2) The term ‘weapon of mass destruction’ has the meaning
given that term in section 1403 of the Defense Against Weapons
of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).’’.
(3) Such section is further amended—
(A) in subsection (a), by inserting ‘‘AUTHORITY.—’’ after
‘‘(a)’’;
(B) in subsection (d), by inserting ‘‘EXCLUSION
FROM
STRENGTH LIMITATIONS.—’’ after ‘‘(d)’’;
(C) in subsection (e), by inserting ‘‘POLICIES AND PROCE-
DURES.—’’ after ‘‘(e)’’;
(D) in subsection (f ), by inserting ‘‘NOTIFICATION
OF
CONGRESS.—’’ after ‘‘(f )’’;
(E) in subsection (g), by inserting ‘‘TERMINATION
OF
DUTY.—’’ after ‘‘(g)’’; and
(F) in subsection (h), by inserting ‘‘RELATIONSHIP TO WAR
POWERS RESOLUTION.—’’ after ‘‘(h)’’.
(b) USE
OF ACTIVE GUARD
AND RESERVE PERSONNEL.—(1)
Section 12310 of title 10, United States Code, is amended by adding
at the end the following new subsection:
‘‘(c)(1) A Reserve on active duty as described in subsection
(a), or a Reserve who is a member of the National Guard serving
on full-time National Guard duty under section 502(f ) of title 32
in connection with functions referred to in subsection (a), may,
subject to paragraph (3), perform duties in support of emergency
preparedness programs to prepare for or to respond to any emer-
gency involving the use of a weapon of mass destruction (as defined
in section 1403 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2302(1))).
‘‘(2) The costs of the pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses for a Reserve performing
duties under the authority of paragraph (1) shall be paid from
the appropriation that is available to pay such costs for other
members of the reserve component of that Reserve who are perform-
ing duties as described in subsection (a).
‘‘(3) A Reserve may perform duties described in paragraph
(1) only—
‘‘(A) while assigned to the Department of Defense Con-
sequence Management Program Integration Office; or
‘‘(B) while assigned to a reserve component rapid assess-
ment element team and performing those duties within the
geographical limits of the United States, its territories and
possessions, the District of Columbia, and the Commonwealth
of Puerto Rico.
‘‘(4) The number of Reserves on active duty who are performing
duties described in paragraph (1) at the same time may not exceed
228. Reserves on active duty who are performing duties described
in paragraph (1) shall be counted against the annual end strength
authorizations required by section 115(a)(1)(B) and 115(a)(2) of
this title. The justification material for the defense budget request
for a fiscal year shall identify the number and component of the
Reserves programmed to be performing duties described in para-
graph (1) during that fiscal year.
H. R. 3616—88
‘‘(5) A reserve component rapid assessment element team, and
any Reserve assigned to such a team, may not be used to respond
to an emergency described in paragraph (1) unless the Secretary
of Defense has certified to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives that that team, or that Reserve, possesses the
requisite skills, training, and equipment to be proficient in all
mission requirements.
‘‘(6) If the Secretary of Defense submits to Congress any request
for the enactment of legislation to modify the requirements of
paragraph (3) or to increase the number of personnel authorized
by paragraph (4), the Secretary shall provide with the request—
‘‘(A) justification for each such requested modification or
for the requested additional personnel and explain the need
for the increase in the context of existing or projected similar
capabilities at the local, State, and Federal levels; and
‘‘(B) the Secretary’s plan for sustaining the qualifications
of the personnel and teams described in paragraph (3)(B).’’.
(2) The Secretary of Defense may not submit to Congress earlier
than 90 days after the date of the receipt by Congress of the
report required by section 1411 of this Act a request for the enact-
ment of legislation to modify the requirements of paragraph (3),
or to increase the number of personnel authorized by paragraph
(4), of section 12310(c) of title 10, United States Code, as added
by paragraph (1).
SEC. 512. SERVICE REQUIRED FOR RETIREMENT OF NATIONAL GUARD
OFFICER IN HIGHER GRADE.
(a) REVISION OF REQUIREMENT.—Subparagraph (E) of section
1370(d)(3) of title 10, United States Code, is amended to read
as follows:
‘‘(E) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been found quali-
fied for Federal recognition in a higher grade by a board under
section 307 of title 32, serves in a position for which that grade
is the minimum authorized grade and is appointed as a reserve
officer in that grade may be credited for the purposes of subpara-
graph (A) as having served in that grade. The period of the service
for which credit is afforded under the preceding sentence may
only be the period for which the person served in the position
after the Senate provides advice and consent for the appointment.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply with respect to appointments to higher grades that
take effect after that date.
SEC. 513. REDUCED TIME-IN-GRADE REQUIREMENT FOR RESERVE
GENERAL AND FLAG OFFICERS INVOLUNTARILY TRANS-
FERRED FROM ACTIVE STATUS.
(a) MINIMUM SERVICE IN ACTIVE STATUS.—Section 1370(d)(3)
of title 10, United States Code, as amended by section 511, is
further amended by adding at the end the following new subpara-
graph:
‘‘(F) A person covered by subparagraph (A) who has completed
at least six months of satisfactory service in a grade above colonel
or (in the case of the Navy) captain and, while serving in an
active status in such grade, is involuntarily transferred (other than
for cause) from active status may be credited with satisfactory
H. R. 3616—89
service in the grade in which serving at the time of such transfer,
notwithstanding failure of the person to complete three years of
service in that grade.’’.
(b) EFFECTIVE DATE.—Subparagraph (F) of such section, as
added by subsection (a), shall take effect on the date of the enact-
ment of this Act and shall apply with respect to transfers referred
to in such subparagraph that are made on or after that date.
SEC. 514. ACTIVE STATUS SERVICE REQUIREMENT FOR PROMOTION
CONSIDERATION FOR ARMY AND AIR FORCE RESERVE
COMPONENT BRIGADIER GENERALS.
Section 14301 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(g) A reserve component brigadier general of the Army or
the Air Force who is in an inactive status is eligible (notwithstand-
ing subsection (a)) for consideration for promotion to major general
by a promotion board convened under section 14101(a) of this title
if the officer—
‘‘(1) has been in an inactive status for less than 1 year
as of the date of the convening of the promotion board; and
‘‘(2) had continuously served for at least 1 year on the
reserve active status list or the active duty list (or a combination
of both) immediately before the officer’s most recent transfer
to an inactive status.’’.
SEC. 515. COMPOSITION OF SELECTIVE EARLY RETIREMENT BOARDS
FOR REAR ADMIRALS OF THE NAVAL RESERVE AND
MAJOR GENERALS OF THE MARINE CORPS RESERVE.
(a) IN GENERAL.—Section 14705(b) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b) BOARDS.—’’; and
(2) by adding at the end the following:
‘‘(2) In the case of such a board convened to consider officers
in the grade of rear admiral or major general, the Secretary of
the Navy may appoint the board without regard to section 14102(b)
of this title. In doing so, however, the Secretary shall ensure that—
‘‘(A) each regular commissioned officer appointed to the
board holds a grade higher than the grade of rear admiral
or major general; and
‘‘(B) at least one member of the board is a reserve officer
who holds the grade of rear admiral or major general.’’.
(b) TECHNICAL AMENDMENTS.—Paragraph (1) of such section,
as designated by subsection (a)(1), is amended—
(1) by inserting ‘‘of officers’’ after ‘‘consideration’’; and
(2) by inserting ‘‘continuation’’ after ‘‘shall convene a’’.
SEC. 516. AUTHORITY FOR TEMPORARY WAIVER FOR CERTAIN ARMY
RESERVE 
OFFICERS 
OF 
BACCALAUREATE 
DEGREE
REQUIREMENT FOR PROMOTION OF RESERVE OFFICERS.
(a) WAIVER AUTHORITY FOR ARMY OCS GRADUATES.—The Sec-
retary of the Army may waive the applicability of section 12205(a)
of title 10, United States Code, to any officer who before the date
of the enactment of this Act was commissioned through the Army
Officer Candidate School. Any such waiver shall be made on a
case-by-case basis, considering the individual circumstances of the
officer involved, and may continue in effect for no more than 2
years after the waiver is granted. The Secretary may provide for
H. R. 3616—90
such a waiver to be effective before the date of the waiver, as
appropriate in an individual case.
(b) EXPIRATION OF AUTHORITY.—A waiver under this section
may not be granted after September 30, 2000.
SEC. 517. FURNISHING OF BURIAL FLAGS FOR DECEASED MEMBERS
AND FORMER MEMBERS OF THE SELECTED RESERVE.
Section 2301 of title 38, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f )(1) The Secretary shall furnish a flag to drape the casket
of each deceased member or former member of the Selected Reserve
(as described in section 10143 of title 10) who is not otherwise
eligible for a flag under this section or section 1482(a) of title
10—
‘‘(A) who completed at least one enlistment as a member
of the Selected Reserve or, in the case of an officer, completed
the period of initial obligated service as a member of the
Selected Reserve;
‘‘(B) who was discharged before completion of the person’s
initial enlistment as a member of the Selected Reserve or,
in the case of an officer, period of initial obligated service
as a member of the Selected Reserve, for a disability incurred
or aggravated in line of duty; or
‘‘(C) who died while a member of the Selected Reserve.
‘‘(2) A flag may not be furnished under subparagraphs (A)
or (B) of paragraph (1) in the case of a person whose last discharge
from service in the Armed Forces was under conditions less favor-
able than honorable.
‘‘(3) After the burial, a flag furnished under paragraph (1)
shall be given to the next of kin or to such other person as the
Secretary considers appropriate.’’.
Subtitle C—Military Education and
Training
SEC. 521. SEPARATE HOUSING FOR MALE AND FEMALE RECRUITS DUR-
ING RECRUIT BASIC TRAINING.
(a) ARMY.—(1) Chapter 401 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 4319. Recruit basic training: separate housing for male
and female recruits
‘‘(a) PHYSICALLY SEPARATE HOUSING.—(1) The Secretary of the
Army shall provide for housing male recruits and female recruits
separately and securely from each other during basic training.
‘‘(2) To meet the requirements of paragraph (1), the sleeping
areas and latrine areas provided for male recruits shall be physically
separated from the sleeping areas and latrine areas provided for
female recruits by permanent walls, and the areas for male recruits
and the areas for female recruits shall have separate entrances.
‘‘(3) The Secretary shall ensure that, when a recruit is in
an area referred to in paragraph (2), the area is supervised by
one or more persons who are authorized and trained to supervise
the area.
‘‘(b) ALTERNATIVE SEPARATE HOUSING.—If male recruits and
female recruits cannot be housed as provided under subsection
H. R. 3616—91
(a) by October 1, 2001, at a particular installation, the Secretary
of the Army shall require (on and after that date) that male recruits
in basic training at such installation be housed in barracks or
other troop housing facilities that are only for males and that
female recruits in basic training at such installation be housed
in barracks or other troop housing facilities that are only for
females.
‘‘(c) CONSTRUCTION PLANNING.—In planning for the construction
of housing to be used for housing recruits during basic training,
the Secretary of the Army shall ensure that the housing is to
be constructed in a manner that facilitates the housing of male
recruits and female recruits separately and securely from each
other.
‘‘(d) BASIC TRAINING DEFINED.—In this section, the term ‘basic
training’ means the initial entry training program of the Army
that constitutes the basic training of new recruits.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘4319. Recruit basic training: separate housing for male and female recruits.’’.
(3) The Secretary of the Army shall implement section 4319
of title 10, United States Code, as added by paragraph (1), as
rapidly as feasible and shall ensure that the provisions of that
section are applied to all recruit basic training classes beginning
not later than the first such class that enters basic training on
or after April 15, 1999.
(b) NAVY AND MARINE CORPS.—(1) Part III of subtitle C of
title 10, United States Code, is amended by inserting after chapter
601 the following new chapter:
‘‘CHAPTER 602—TRAINING GENERALLY
‘‘Sec.
‘‘6931. Recruit basic training: separate housing for male and female recruits.
‘‘§ 6931. Recruit basic training: separate housing for male
and female recruits
‘‘(a) PHYSICALLY SEPARATE HOUSING.—(1) The Secretary of the
Navy shall provide for housing male recruits and female recruits
separately and securely from each other during basic training.
‘‘(2) To meet the requirements of paragraph (1), the sleeping
areas and latrine areas provided for male recruits shall be physically
separated from the sleeping areas and latrine areas provided for
female recruits by permanent walls, and the areas for male recruits
and the areas for female recruits shall have separate entrances.
‘‘(3) The Secretary shall ensure that, when a recruit is in
an area referred to in paragraph (2), the area is supervised by
one or more persons who are authorized and trained to supervise
the area.
‘‘(b) ALTERNATIVE SEPARATE HOUSING.—If male recruits and
female recruits cannot be housed as provided under subsection
(a) by October 1, 2001, at a particular installation, the Secretary
of the Navy shall require (on and after that date) that male recruits
in basic training at such installation be housed in barracks or
other troop housing facilities that are only for males and that
female recruits in basic training at such installation be housed
in barracks or other troop housing facilities that are only for
females.
H. R. 3616—92
‘‘(c) CONSTRUCTION PLANNING.—In planning for the construction
of housing to be used for housing recruits during basic training,
the Secretary of the Navy shall ensure that the housing is to
be constructed in a manner that facilitates the housing of male
recruits and female recruits separately and securely from each
other.
‘‘(d) BASIC TRAINING DEFINED.—In this section, the term ‘basic
training’ means the initial entry training programs of the Navy
and Marine Corps that constitute the basic training of new
recruits.’’.
(2) The tables of chapters at the beginning of subtitle C, and
at the beginning of part III of subtitle C, of such title are amended
by inserting after the item relating to chapter 601 the following
new item:
‘‘602. Training Generally ................................................................................... 6931’’.
(3) The Secretary of the Navy shall implement section 6931
of title 10, United States Code, as added by paragraph (1), as
rapidly as feasible and shall ensure that the provisions of that
section are applied to all recruit basic training classes beginning
not later than the first such class that enters basic training on
or after April 15, 1999.
(c) AIR FORCE.—(1) Chapter 901 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 9319. Recruit basic training: separate housing for male
and female recruits
‘‘(a) PHYSICALLY SEPARATE HOUSING.—(1) The Secretary of the
Air Force shall provide for housing male recruits and female recruits
separately and securely from each other during basic training.
‘‘(2) To meet the requirements of paragraph (1), the sleeping
areas and latrine areas provided for male recruits shall be physically
separated from the sleeping areas and latrine areas provided for
female recruits by permanent walls, and the areas for male recruits
and the areas for female recruits shall have separate entrances.
‘‘(3) The Secretary shall ensure that, when a recruit is in
an area referred to in paragraph (2), the area is supervised by
one or more persons who are authorized and trained to supervise
the area.
‘‘(b) ALTERNATIVE SEPARATE HOUSING.—If male recruits and
female recruits cannot be housed as provided under subsection
(a) by October 1, 2001, at a particular installation, the Secretary
of the Air Force shall require (on and after that date) that male
recruits in basic training at such installation be housed in barracks
or other troop housing facilities that are only for males and that
female recruits in basic training at such installation be housed
in barracks or other troop housing facilities that are only for
females.
‘‘(c) CONSTRUCTION PLANNING.—In planning for the construction
of housing to be used for housing recruits during basic training,
the Secretary of the Air Force shall ensure that the housing is
to be constructed in a manner that facilitates the housing of male
recruits and female recruits separately and securely from each
other.
‘‘(d) BASIC TRAINING DEFINED.—In this section, the term ‘basic
training’ means the initial entry training program of the Air Force
that constitutes the basic training of new recruits.’’.
H. R. 3616—93
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘9319. Recruit basic training: separate housing for male and female recruits.’’.
(3) The Secretary of the Air Force shall implement section
9319 of title 10, United States Code, as added by paragraph (1),
as rapidly as feasible and shall ensure that the provisions of that
section are applied to all recruit basic training classes beginning
not later than the first such class that enters basic training on
or after April 15, 1999.
(d) GAO REVIEW OF COSTS OF SEPARATE HOUSING FACILITIES
FOR MALE AND FEMALE RECRUITS DURING RECRUIT BASIC TRAIN-
ING.—Not later than March 1, 1999, the Comptroller General shall
submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Representatives
a report on the costs that would be incurred by each of the military
departments if required to provide housing for male and female
recruits during basic training in separate structures. The report
shall be prepared separately for each of the Army, Navy, and
Air Force and shall be based on reviews and cost analyses prepared
independently of the Department of Defense.
SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS DURING BASIC
TRAINING.
(a) ARMY.—(1) Chapter 401 of title 10, United States Code,
is amended by adding after section 4319, as added by section
521(a)(1), the following new section:
‘‘§ 4320. Recruit basic training: privacy
‘‘The Secretary of the Army shall require that access by drill
sergeants and other training personnel to a living area in which
recruits are housed during basic training shall be limited after
the end of the training day, other than in the case of an emergency
or other exigent circumstance, to drill sergeants and other training
personnel who are of the same sex as the recruits housed in that
living area or to superiors in the chain of command of those recruits
who, if not of the same sex as the recruits housed in that living
area, are accompanied by a member (other than a recruit) who
is of the same sex as the recruits housed in that living area.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 4319,
as added by section 521(a)(2), the following new item:
‘‘4320. Recruit basic training: privacy.’’.
(3) The Secretary of the Army shall implement section 4320
of title 10, United States Code, as added by paragraph (1), as
rapidly as feasible and shall ensure that the provisions of that
section are applied to all recruit basic training classes beginning
not later than the first such class that enters basic training on
or after April 15, 1999.
(b) NAVY.—(1) Chapter 602 of title 10, United States Code,
as added by section 521(b)(1), is amended by adding at the end
the following new section:
‘‘§ 6932. Recruit basic training: privacy
‘‘The Secretary of the Navy shall require that access by recruit
division commanders and other training personnel to a living area
H. R. 3616—94
in which Navy recruits are housed during basic training shall
be limited after the end of the training day, other than in the
case of an emergency or other exigent circumstance, to recruit
division commanders and other training personnel who are of the
same sex as the recruits housed in that living area or to superiors
in the chain of command of those recruits who, if not of the same
sex as the recruits housed in that living area, are accompanied
by a member (other than a recruit) who is of the same sex as
the recruits housed in that living area.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘6932. Recruit basic training: privacy.’’.
(3) The Secretary of the Navy shall implement section 6932
of title 10, United States Code, as added by paragraph (1), as
rapidly as feasible and shall ensure that the provisions of that
section are applied to all recruit basic training classes beginning
not later than the first such class that enters basic training on
or after April 15, 1999.
(c) AIR FORCE.—(1) Chapter 901 of title 10, United States
Code, is amended by adding after section 9319, as added by section
521(c)(1), the following new section:
‘‘§ 9320. Recruit basic training: privacy
‘‘The Secretary of the Air Force shall require that access by
military training instructors and other training personnel to a
living area in which recruits are housed during basic training
shall be limited after the end of the training day, other than
in the case of an emergency or other exigent circumstance, to
military training instructors and other training personnel who are
of the same sex as the recruits housed in that living area or
to superiors in the chain of command of those recruits who, if
not of the same sex as the recruits housed in that living area,
are accompanied by a member (other than a recruit) who is of
the same sex as the recruits housed in that living area.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 9319,
as added by section 521(c)(2), the following new item:
‘‘9320. Recruit basic training: privacy.’’.
(3) The Secretary of the Air Force shall implement section
9320 of title 10, United States Code, as added by paragraph (1),
as rapidly as feasible and shall ensure that the provisions of that
section are applied to all recruit basic training classes beginning
not later than the first such class that enters basic training on
or after April 15, 1999.
SEC. 523. SENSE OF THE HOUSE OF REPRESENTATIVES RELATING TO
SMALL 
UNIT 
ASSIGNMENTS 
BY 
GENDER 
DURING
RECRUIT BASIC TRAINING.
It is the sense of the House of Representatives that the Sec-
retary of each military department should require that during
recruit basic training male recruits and female recruits be assigned
to separate units at the small unit levels designated by the different
services as platoons, divisions, or flights, as recommended in the
report of the Federal Advisory Committee on Gender-Integrated
Training and Related Issues, chaired by Nancy Kassebaum-Baker,
H. R. 3616—95
that was submitted to the Secretary of Defense on December 16,
1997.
SEC. 524. EXTENSION OF REPORTING DATES FOR COMMISSION ON
MILITARY TRAINING AND GENDER-RELATED ISSUES.
(a) FIRST REPORT.—Subsection (e)(1) of section 562 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 111 Stat. 1754) is amended by striking out ‘‘April
15, 1998’’ and inserting in lieu thereof ‘‘October 15, 1998’’.
(b) FINAL REPORT.—Subsection (e)(2) of such section is amended
by striking out ‘‘September 16, 1998’’ and inserting in lieu thereof
‘‘March 15, 1999’’.
SEC. 525. IMPROVED OVERSIGHT OF INNOVATIVE READINESS TRAIN-
ING.
(a) IN GENERAL.—Section 2012 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘( j) OVERSIGHT
AND COST ACCOUNTING.—The Secretary of
Defense shall establish a program to improve the oversight and
cost accounting of training projects conducted in accordance with
this section. The program shall include measures to accomplish
the following:
‘‘(1) Ensure that each project that is proposed to be con-
ducted in accordance with this section (regardless of whether
additional funding from the Secretary of Defense is sought)
is requested in writing, reviewed for full compliance with this
section, and approved in advance of initiation by the Secretary
of the military department concerned and, in the case of a
project that seeks additional funding from the Secretary of
Defense, by the Secretary of Defense.
‘‘(2) Ensure that each project that is conducted in accord-
ance with this section is required to provide, within a specified
period following completion of the project, an after-action report
to the Secretary of Defense.
‘‘(3) Require that each application for a project to be con-
ducted in accordance with this section include an analysis
and certification that the proposed project would not result
in a significant increase in the cost of training (as determined
in accordance with procedures prescribed by the Secretary of
Defense).
‘‘(4) Determine the total program cost for each project,
including both those costs that are borne by the military depart-
ments from their own accounts and those costs that are borne
by defense-wide accounts.
‘‘(5) Provide for oversight of project execution to ensure
that a training project under this section is carried out in
accordance with the proposal for that project as approved.’’.
(b) IMPLEMENTATION.—The Secretary of Defense may not initi-
ate any project under section 2012 of title 10, United States Code,
after October 1, 1998, until the program required by subsection
(i) of that section (as added by subsection (a)) has been established.
H. R. 3616—96
Subtitle D—Decorations, Awards, and
Commendations
SEC. 531. STUDY OF NEW DECORATIONS FOR INJURY OR DEATH IN
LINE OF DUTY.
(a) STUDY OF NEED AND CRITERIA FOR NEW DECORATION.—
(1) The Secretary of Defense shall carry out a study of the need
for, and the the appropriate criteria for, two possible new decora-
tions.
(2) The first such decoration would, if implemented, be awarded
to members of the Armed Forces who, while serving under com-
petent 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 attack 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
(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 implemented, be
awarded to civilian nationals of the United States who, while serv-
ing 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
paragraph (2).
(b) RECOMMENDATION TO CONGRESS.—Not later than July 31,
1999, the Secretary shall submit to Congress a report setting forth
the Secretary’s recommendation concerning the need for, and propri-
ety of, each of the possible new decorations referred to in subsection
(a).
(c) 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.
SEC. 532. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.
(a) WAIVER.—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 to awards
of decorations described in this section, 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) DISTINGUISHED-SERVICE CROSS.—Subsection (a) applies to
the award of the Distinguished-Service Cross of the Army as follows:
(1) To Isaac Camacho of El Paso, Texas, for extraordinary
heroism in actions at Camp Hiep Hoa in Vietnam on November
24, 1963, while serving as a member of the Army.
(2) To Bruce P. Crandall of Mesa, Arizona, for extraordinary
heroism in actions at Landing Zone X-Ray in Vietnam on
November 14, 1965, while serving as a member of the Army.
H. R. 3616—97
(3) To Leland B. Fair of Jessieville, Arkansas, for extraor-
dinary heroism in actions in the Philippine Islands on July
4, 1945, while serving as a member of the Army.
(c) DISTINGUISHED-SERVICE MEDAL.—Subsection (a) applies to
the award of the Distinguished-Service Medal of the Army to Rich-
ard P. Sakakida of Fremont, California, for exceptionally meritori-
ous service while a prisoner of war in the Philippine Islands from
May 7, 1942, to September 14, 1945, while serving as a member
of the Army.
(d) NAVY CROSS.—Subsection (a) applies to the posthumous
award of the Navy Cross to Joseph F. Keenan for extraordinary
heroism in actions on March 26–27, 1953, while serving as a mem-
ber of the Navy.
(e) SILVER STAR MEDAL.—Subsection (a) applies to the award
of the Silver Star Medal of the Navy to Andrew A. Bernard of
Methuen, Massachusetts, for gallantry in action on November 24,
1943, while serving as a member of the Navy.
(f ) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to
the award 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 individual (not covered by section
573(d) of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 1757)) concerning whom the
Secretary of the Navy (or an officer of the Navy acting on behalf
of the Secretary) submitted 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 Distinguished Flying Cross
to that individual is warranted and that a waiver of time restrictions
prescribed by law for recommendation for such award is rec-
ommended.
SEC. 533. COMMENDATION AND COMMEMORATION OF THE NAVY AND
MARINE CORPS PERSONNEL WHO SERVED IN THE
UNITED STATES NAVY ASIATIC FLEET FROM 1910–1942.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States established the Asiatic Fleet of the
Navy in 1910 to protect United States nationals, policies, and
possessions in the Far East.
(2) The sailors and Marines of the Asiatic Fleet ensured
the safety of United States and foreign nationals and provided
humanitarian assistance in that region during the Chinese
civil war, the Yangtze Flood of 1931, and the outbreak of
Sino-Japanese hostilities.
(3) In 1940, due to deteriorating political relations and
increasing tensions between the United States and Japan, a
reinforced Asiatic Fleet began concentrating on the defense
of the Philippines and engaged in extensive training to ensure
maximum operational readiness for any eventuality.
(4) Following the declaration of war against Japan in
December 1941, the warships, submarines, and aircraft of the
Asiatic Fleet courageously fought many battles against superior
Japanese forces.
(5) The Asiatic Fleet directly suffered the loss of 22 vessels,
1,826 men killed or missing in action, and 518 men captured
H. R. 3616—98
and imprisoned under the worst of conditions, with many of
them dying while held as prisoners of war.
(b) CONGRESSIONAL COMMENDATION.—Congress—
(1) commends the Navy and Marine Corps personnel who
served in the Asiatic Fleet of the United States Navy during
the period from 1910 to 1942; and
(2) honors those who gave their lives in the line of duty
while serving in the Asiatic Fleet.
(c) COMMEMORATION OF UNITED STATES NAVY ASIATIC FLEET.—
The President is authorized and requested to issue a proclamation
designating an appropriate commemoration of the United States
Navy Asiatic Fleet and calling upon the people of the United States
to observe such commemoration with appropriate programs, cere-
monies, and activities.
SEC. 534. APPRECIATION FOR SERVICE DURING WORLD WAR I AND
WORLD WAR II BY MEMBERS OF THE NAVY ASSIGNED
ON BOARD MERCHANT SHIPS AS THE NAVAL ARMED
GUARD SERVICE.
(a) FINDINGS.—Congress makes the following findings:
(1) The Navy established a special force during both World
War I and World War II, known as the Naval Armed Guard
Service, to protect merchant ships of the United States from
enemy attack by stationing members of the Navy and weapons
on board those ships.
(2) Members of the Naval Armed Guard Service served
on 6,236 merchant ships during World War II, of which 710
were sunk by enemy action.
(3) Over 144,900 members of the Navy served in the Naval
Armed Guard Service during World War II as officers, gun
crewmen, signalmen, and radiomen, of whom 1,810 were killed
in action.
(4) The efforts of the members of the Naval Armed Guard
Service played a significant role in the safe passage of United
States merchant ships to their destinations in the Soviet Union
and various locations in western Europe and the Pacific Thea-
ter.
(5) The efforts of the members of the Navy who served
in the Naval Armed Guard Service have been largely overlooked
due to the rapid disbanding of the service after World War
II and lack of adequate records.
(6) Recognition of the service of the naval personnel who
served in the Naval Armed Guard Service is highly warranted
and long overdue.
(b) SENSE OF CONGRESS.—Congress expresses its appreciation,
and the appreciation of the American people, for the dedicated
service performed during World War I and World War II by mem-
bers of the Navy assigned as gun crews on board merchant ships
as part of the Naval Armed Guard Service.
SEC. 535. SENSE OF CONGRESS REGARDING THE HEROISM, SACRIFICE,
AND SERVICE OF THE MILITARY FORCES OF SOUTH VIET-
NAM, OTHER NATIONS, AND INDIGENOUS GROUPS IN
CONNECTION WITH THE UNITED STATES ARMED FORCES
DURING THE VIETNAM CONFLICT.
(a) FINDINGS.—Congress finds the following:
(1) South Vietnam, Australia, South Korea, Thailand, New
Zealand, and the Philippines contributed military forces,
H. R. 3616—99
together with the United States, during military operations
conducted in Southeast Asia during the Vietnam conflict.
(2) Indigenous groups, such as the Hmong, Nung,
Montagnard, Kahmer, Hoa Hao, and Cao Dai contributed mili-
tary forces, together with the United States, during military
operations conducted in Southeast Asia during the Vietnam
conflict.
(3) The contributions of these combat forces continued
through long years of armed conflict.
(4) As a result, in addition to the United States casualties
exceeding 210,000, this willingness to participate in the Viet-
nam conflict resulted in the death and wounding of more than
1,000,000 military personnel from South Vietnam and 16,000
from other allied nations.
(5) The service of the Vietnamese, indigenous groups, and
other allied nations was repeatedly marked by exceptional hero-
ism and sacrifice, with particularly noteworthy contributions
being made by the Vietnamese airborne, commando, infantry
and ranger units, the Republic of Korea marines, the Capital
and White Horse divisions, the Royal Thai Army Black Panther
Division, the Royal Australian Regiment, the New Zealand
‘‘V’’ force, and the 1st Philippine Civic Action Group.
(b) SENSE OF CONGRESS.—Congress recognizes and honors the
members and former members of the military forces of South Viet-
nam, the Republic of Korea, Thailand, Australia, New Zealand,
and the Philippines, as well as members of the Hmong, Nung,
Montagnard, Kahmer, Hoa Hao, and Cao Dai, for their heroism,
sacrifice, and service in connection with United States Armed Forces
during the Vietnam conflict.
SEC. 536. SENSE OF CONGRESS REGARDING THE HEROISM, SACRIFICE,
AND 
SERVICE 
OF 
FORMER 
SOUTH 
VIETNAMESE
COMMANDOS IN CONNECTION WITH UNITED STATES
ARMED FORCES DURING THE VIETNAM CONFLICT.
(a) FINDINGS.—Congress finds the following:
(1) South Vietnamese commandos were recruited by the
United States as part of OPLAN 34A or its predecessor or
OPLAN 35 from 1961 to 1970.
(2) The commandos conducted covert operations in North
Vietnam during the Vietnam conflict.
(3) Many of the commandos were captured and imprisoned
by North Vietnamese forces, some for as long as 20 years.
(4) The commandos served and fought proudly during the
Vietnam conflict.
(5) Many of the commandos lost their lives serving in
operations conducted by the United States during the Vietnam
conflict.
(6) Many of the Vietnamese commandos now reside in
the United States.
(b) SENSE OF CONGRESS—Congress recognizes and honors the
former South Vietnamese commandos for their heroism, sacrifice,
and service in connection with United States Armed Forces during
the Vietnam conflict.
H. R. 3616—100
SEC. 537. PROHIBITION ON MEMBERS OF ARMED FORCES ENTERING
CORRECTIONAL FACILITIES TO PRESENT DECORATIONS
TO PERSONS WHO HAVE COMMITTED SERIOUS VIOLENT
FELONIES.
(a) PROHIBITION.—Chapter 57 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1132. Presentation of decorations: prohibition on entering
correctional facilities for presentation to pris-
oners convicted of serious violent felonies
‘‘(a) PROHIBITION.—A member of the armed forces may not
enter a Federal, State, local, or foreign correctional facility to
present a decoration to a person who is incarcerated due to convic-
tion of a serious violent felony.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘decoration’ means any decoration or award
that may be presented or awarded to a member of the armed
forces.
‘‘(2) The term ‘serious violent felony’ has the meaning given
that term in section 3559(c)(2)(F) of title 18.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of that chapter is amended by adding at the end the following
new item:
‘‘1132. Presentation of decorations: prohibition on entering correctional facilities for
presentation to prisoners convicted of serious violent felonies.’’.
Subtitle E—Administration of Agencies Re-
sponsible for Review and Correction of
Military Records
SEC. 541. PERSONNEL FREEZE.
(a) LIMITATION.—During fiscal years 1999, 2000, and 2001,
the Secretary of a military department may not carry out any
reduction in the number of military and civilian personnel assigned
to duty with the service review agency for that military department
below the baseline number for that agency until—
(1) the Secretary submits to Congress a report that
describes the reduction proposed to be made, provides the Sec-
retary’s rationale for that reduction, and specifies the number
of such personnel that would be assigned to duty with that
agency after the reduction; and
(2) a period of 90 days has elapsed after the date on
which such report is submitted.
(b) BASELINE NUMBER.—The baseline number for a service
review agency under this section is—
(1) for purposes of the first report with respect to a service
review agency under this section, the number of military and
civilian personnel assigned to duty with that agency as of
October 1, 1997; and
(2) for purposes of any subsequent report with respect
to a service review agency under this section, the number
of such personnel specified in the most recent report with
respect to that agency under this section.
(c) SERVICE REVIEW AGENCY DEFINED.—In this section, the
term ‘‘service review agency’’ means—
H. R. 3616—101
(1) with respect to the Department of the Army, the Army
Review Boards Agency;
(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
(3) with respect to the Department of the Air Force, the
Air Force Review Boards Agency.
SEC. 542. PROFESSIONAL STAFF.
(a) IN GENERAL.—(1) Chapter 79 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 1555. Professional staff
‘‘(a) The Secretary of each military department shall assign
to the staff of the service review agency of that military department
at least one attorney and at least one physician. Such assignments
shall be made on a permanent, full-time basis and may be made
from members of the armed forces or civilian employees.
‘‘(b) Personnel assigned pursuant to subsection (a)—
‘‘(1) shall work under the supervision of the director or
executive director (as the case may be) of the service review
agency; and
‘‘(2) shall be assigned duties as advisers to the director
or executive director or other staff members on legal and medi-
cal matters, respectively, that are being considered by the
agency.
‘‘(c) In this section, the term ‘service review agency’ means—
‘‘(1) with respect to the Department of the Army, the Army
Review Boards Agency;
‘‘(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
‘‘(3) with respect to the Department of the Air Force, the
Air Force Review Boards Agency.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1555. Professional staff.’’.
(b) EFFECTIVE DATE.—Section 1555 of title 10, United States
Code, as added by subsection (a), shall take effect 180 days after
the date of the enactment of this Act.
SEC. 543. EX PARTE COMMUNICATIONS.
(a) IN GENERAL.—(1) Chapter 79 of title 10, United States
Code, is amended by adding after section 1555, as added by section
542(a)(1), the following new section:
‘‘§ 1556. Ex parte communications prohibited
‘‘(a) IN GENERAL.—The Secretary of each military department
shall ensure that an applicant seeking corrective action by the
Army Review Boards Agency, the Air Force Review Boards Agency,
or the Board for Correction of Naval Records, as the case may
be, is provided a copy of all correspondence and communications
(including summaries of verbal communications) to or from the
agency or board, or a member of the staff of the agency or board,
with an entity or person outside the agency or board that pertain
directly to the applicant’s case or have a material effect on the
applicant’s case.
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to the
following:
H. R. 3616—102
‘‘(1) Classified information.
‘‘(2) Information the release of which is otherwise prohibited
by law or regulation.
‘‘(3) Any record previously provided to the applicant or
known to be possessed by the applicant.
‘‘(4) Any correspondence that is purely administrative in
nature.
‘‘(5) Any military record that is (or may be) provided to
the applicant by the Secretary of the military department or
other source.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to 1555, as added
by section 542(a)(2), the following new item:
‘‘1556. Ex parte communications prohibited.’’.
(b) EFFECTIVE DATE.—Section 1556 of title 10, United States
Code, as added by subsection (a), shall apply with respect to cor-
respondence and communications made 60 days or more after the
date of the enactment of this Act.
SEC. 544. TIMELINESS STANDARDS.
(a) IN GENERAL.—Chapter 79 of title 10, United States Code,
is amended by adding after section 1556, as added by section
543(a)(1), the following new section:
‘‘§ 1557. Timeliness standards for disposition of applications
before Corrections Boards
‘‘(a) TEN-MONTH CLEARANCE PERCENTAGE.—Of the applications
received by a Corrections Board during a period specified in the
following table, the percentage on which final action by the Correc-
tions Board must be completed within 10 months of receipt (other
than for those applications considered suitable for administrative
correction) is as follows:
The percentage on which final
‘‘For applications
Correction Board action
received during—
must be completed within
10 months of receipt is—
the period of fiscal years 2001 and 2002 ........................................
the period of fiscal years 2003 and 2004 ........................................
the period of fiscal years 2005, 2006, and 2007 .............................
the period of fiscal years 2008, 2009, and 2010 .............................
the period of any fiscal year after fiscal year 2010 .......................
90.
‘‘(b) CLEARANCE DEADLINE FOR ALL APPLICATIONS.—Effective
October 1, 2002, final action by a Corrections Board on all applica-
tions received by the Corrections Board (other than those applica-
tions considered suitable for administrative correction) shall be
completed within 18 months of receipt.
‘‘(c) WAIVER AUTHORITY.—The Secretary of the military depart-
ment concerned may exclude an individual application from the
timeliness standards prescribed in subsections (a) and (b) if the
Secretary determines that the application warrants a longer period
of consideration. The authority of the Secretary of a military depart-
ment under this subsection may not be delegated.
‘‘(d) FAILURE TO MEET TIMELINESS STANDARDS NOT TO AFFECT
ANY INDIVIDUAL APPLICATION.—Failure of a Corrections Board to
meet the applicable timeliness standard for any period of time
under subsection (a) or (b) does not confer any presumption or
advantage with respect to consideration by the board of any applica-
tion.
H. R. 3616—103
‘‘(e) REPORTS ON FAILURE TO MEET TIMELINESS STANDARDS.—
The Secretary of the military department concerned shall submit
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a report
not later than June 1 following any fiscal year during which the
Corrections Board of that Secretary’s military department was
unable to meet the applicable timeliness standard for that fiscal
year under subsections (a) and (b). The report shall specify the
reasons why the standard could not be met and the corrective
actions initiated to ensure compliance in the future. The report
shall also specify the number of waivers granted under subsection
(c) during that fiscal year.
‘‘(f ) CORRECTIONS BOARD DEFINED.—In this section, the term
‘Corrections Board’ means—
‘‘(1) with respect to the Department of the Army, the Army
Board for Correction of Military Records;
‘‘(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
‘‘(3) with respect to the Department of the Air Force, the
Air Force Board for Correction of Military Records.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating
to section 1556, as added by section 543(a)(2), the following new
item:
‘‘1557. Timeliness standards for disposition of applications before Corrections
Boards.’’.
SEC. 545. SCOPE OF CORRECTION OF MILITARY RECORDS.
(a) PAYMENT
OF CLAIMS ARISING FROM CORRECTION.—Sub-
section (c) of section 1552 of title 10, United States Code, is amended
in the first sentence by inserting before the period the following:
‘‘, or on account of his or another’s service as a civilian employee’’.
(b) DEFINITION OF MILITARY RECORD.—Such section is further
amended by adding at the end the following new subsection:
‘‘(g) In this section, the term ‘military record’ means a document
or other record that pertains to (1) an individual member or former
member of the armed forces, or (2) at the discretion of the Secretary
of the military department concerned, any other military matter
affecting a member or former member of the armed forces, an
employee or former employee of that military department, or a
dependent or current or former spouse of any such person. Such
term does not include records pertaining to civilian employment
matters (such as matters covered by title 5 and chapters 81, 83,
87, 108, 373, 605, 607, 643, and 873 of this title).’’.
(c) REPORT.—The Secretary of Defense shall submit to Congress,
not later than March 31, 1999, a report on the effect of the six-
year bar to retroactive benefits contained in section 3702 of title
31, United States Code, and the Secretary’s recommendation as
to whether it is appropriate for the Secretaries of the military
departments to have authority to waive that limitation in selected
cases involving implementation of decisions of the Secretary of
a military department under chapter 79 of title 10, United States
Code. The report shall be prepared in consultation with the Sec-
retaries of the military departments.
H. R. 3616—104
Subtitle F—Reports
SEC. 551. REPORT ON PERSONNEL RETENTION.
(a) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report containing information on the retention of
members of the Armed Forces on active duty in the combat, combat
support, and combat service support forces of the Army, Navy,
Air Force, and Marine Corps.
(b) REQUIRED INFORMATION.—The Secretary shall include in
the report information on retention of members with military
occupational specialties (or the equivalent) in combat, combat sup-
port, or combat service support positions in each of the Army,
Navy, Air Force, and Marine Corps. Such information shall be
shown by pay grade and shall be aggregated by enlisted grades
and officers grades and shall be shown by military occupational
specialty (or the equivalent). The report shall set forth separately
(in numbers and as a percentage) the number of members separated
during each such fiscal year who terminate service in the Armed
Forces completely and the number who separate from active duty
by transferring into a reserve component.
(c) YEARS COVERED BY REPORT.—The report shall provide the
information required in the report, shown on a fiscal year basis,
for each of fiscal years 1989 through 1998.
SEC. 552. REPORT ON PROCESS FOR SELECTION OF MEMBERS FOR
SERVICE ON COURTS-MARTIAL.
(a) REPORT REQUIRED.—Not later than April 15, 1999, the
Secretary of Defense shall submit to Congress a report on the
method of selection of members of the Armed Forces to serve
on courts-martial.
(b) CONSIDERATION OF ALTERNATIVES.—In preparing the report,
the Secretary shall examine alternatives, including random selec-
tion, to the current system of selection of members of courts-martial
by the convening authority. Any alternative examined by the Sec-
retary shall be consistent with the provisions relating to service
on courts-martial specified in section 825(d) of title 10, United
States Code (article 25(d) of the Uniform Code of Military Justice).
The Secretary shall include in the report the Secretary’s evaluation
of each alternative examined.
(c) VIEWS OF CODE COMMITTEE.—In preparing the report under
subsection (a), the Secretary shall obtain the views of the members
of the committee referred to in section 946 of such title (known
as the ‘‘Code Committee’’).
SEC. 553. REPORT ON PRISONERS TRANSFERRED FROM UNITED
STATES DISCIPLINARY BARRACKS, FORT LEAVENWORTH,
KANSAS, TO FEDERAL BUREAU OF PRISONS.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report, to be prepared by the General Counsel of the
Department of Defense, concerning the decision of the Secretary
of the Army in 1994 to transfer approximately 500 prisoners from
the United States Disciplinary Barracks, Fort Leavenworth, Kansas,
to the Federal Bureau of Prisons.
(b) MATTERS TO BE INCLUDED.—The Secretary shall include
in the report the following:
H. R. 3616—105
(1) A description of the basis for the selection of prisoners
to be transferred, particularly in light of the fact that many
of the prisoners transferred are minimum or medium security
prisoners, who are considered to have the best chance for
rehabilitation, and whether the transfer of those prisoners
indicates a change in Department of Defense policy regarding
the rehabilitation of military prisoners.
(2) A comparison of the historical recidivism rates of pris-
oners released from the United States Disciplinary Barracks
and the Federal Bureau of Prisons, together with a description
of any plans of the Army to track the parole and recidivism
rates of prisoners transferred to the Federal Bureau of Prisons
and whether it has tracked those factors for previous transfer-
ees.
(3) A description of the projected future flow of prisoners
into the new United States Disciplinary Barracks being con-
structed at Fort Leavenworth, Kansas, and whether the Sec-
retary of the Army plans to automatically send new prisoners
to the Federal Bureau of Prisons without serving at the United
States Disciplinary Barracks if that Barracks is at capacity
and whether the Memorandum of Understanding between the
Federal Bureau of Prisons and the Army covers that possibility.
(4) A description of the cost of incarcerating a prisoner
in the Federal Bureau of Prisons compared to the United States
Disciplinary Barracks and the assessment of the Secretary
as to the extent to which the transfer of prisoners to the
Federal Bureau of Prisons by the Secretary of the Army is
made in order to shift a budgetary burden.
(c) MONITORING.—During fiscal years 1999 through 2003, the
Secretary of the Army shall track the parole and recidivism rates
of prisoners transferred from the United States Disciplinary Bar-
racks, Fort Leavenworth, Kansas, to the Federal Bureau of Prisons.
SEC. 554. REVIEW AND REPORT REGARDING THE DISTRIBUTION OF
NATIONAL GUARD FULL-TIME SUPPORT AMONG THE
STATES.
(a) REQUIREMENT
FOR REVIEW.—The Chief of the National
Guard Bureau shall review the process used for allocating and
distributing all categories of full-time support personnel among
the States for the National Guard of the States.
(b) PURPOSE
OF REVIEW.—The purpose of the review is to
determine whether that allocation and distribution process provides
for adequately meeting the full-time support personnel require-
ments of the National Guard in the case of those States that
have fewer than 16 National Guard units categorized in readiness
tiers I, II, and III.
(c) MATTERS TO BE REVIEWED.—The matters reviewed shall
include the following:
(1) The factors considered for the process of determining
the distribution among the States of full-time support person-
nel, including the weights assigned to those factors.
(2) The extent to which that process results in full-time
support personnel levels for the units of the States described
in subsection (b) that are at the levels necessary to optimize
the preparedness of those units to meet the mission require-
ments applicable to those units.
H. R. 3616—106
(3) The effects that full-time support personnel at levels
determined under that process will have on the National Guard
of those States in the future, including the effects on all cat-
egories of full-time support personnel, and unit readiness,
recruitment, and continued use of existing National Guard
armories and other facilities.
(d) REPORT.—Not later than March 15, 1999, the Chief of
the National Guard Bureau shall submit to the Secretary of Defense
a report on the results of the review. Not later than April 30,
1999, the Secretary shall transmit the report, and the Secretary’s
evaluation of and comments on the report, to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives.
Subtitle G—Other Matters
SEC. 561. TWO-YEAR EXTENSION OF CERTAIN FORCE DRAWDOWN
TRANSITION AUTHORITIES RELATING TO PERSONNEL
MANAGEMENT AND BENEFITS.
(a) 
EARLY
RETIREMENT
AUTHORITY
FOR
ACTIVE
FORCE
MEMBERS.—Section 4403(i) of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by
striking out ‘‘October 1, 1999’’ and inserting in lieu thereof ‘‘October
1, 2001’’.
(b) SSB AND VSI.—Sections 1174a(h) and 1175(d)(3) of title
10, United States Code, are amended by striking out ‘‘September
30, 1999’’ and inserting in lieu thereof ‘‘September 30, 2001’’.
(c) SELECTIVE EARLY RETIREMENT BOARDS.—Section 638a(a)
of such title is amended by striking out ‘‘during the nine-year
period beginning on October 1, 1990’’ and inserting in lieu thereof
‘‘during the period beginning on October 1, 1990, and ending on
September 30, 2001’’.
(d) TIME-IN-GRADE REQUIREMENT FOR RETENTION OF GRADE
UPON VOLUNTARY RETIREMENT.—Section 1370(a)(2)(A) of such title
is amended by striking out ‘‘during the nine-year period beginning
on October 1, 1990’’ and inserting in lieu thereof ‘‘during the period
beginning on October 1, 1990, and ending on September 30, 2001’’.
(e) MINIMUM COMMISSIONED SERVICE FOR VOLUNTARY RETIRE-
MENT AS AN OFFICER.—Sections 3911(b), 6323(a)(2), and 8911(b)
of such title are amended by striking out ‘‘during the nine-year
period beginning on October 1, 1990’’ and inserting in lieu thereof
‘‘during the period beginning on October 1, 1990, and ending on
September 30, 2001’’.
(f ) TRAVEL, TRANSPORTATION, 
AND
STORAGE
BENEFITS.—
Sections 
404(c)(1)(C), 
404(f )(2)(B)(v), 
406(a)(2)(B)(v), 
and
406(g)(1)(C) of title 37, United States Code, and section 503(c)
of the National Defense Authorization Act for Fiscal Year 1991
(37 U.S.C. 406 note) are amended by striking out ‘‘during the
nine-year period beginning on October 1, 1990’’ and inserting in
lieu thereof ‘‘during the period beginning on October 1, 1990, and
ending on September 30, 2001’’.
(g) 
EDUCATIONAL
LEAVE
FOR
PUBLIC
AND
COMMUNITY
SERVICE.—Section 4463(f ) of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by
striking out ‘‘September 30, 1999’’ and inserting in lieu thereof
‘‘September 30, 2001’’.
H. R. 3616—107
(h) TRANSITIONAL HEALTH BENEFITS.—Section 1145 of title 10,
United States Code, is amended—
(1) in subsections (a)(1) and (c)(1), by striking out ‘‘during
the nine-year period beginning on October 1, 1990’’ and insert-
ing in lieu thereof ‘‘during the period beginning on October
1, 1990, and ending on September 30, 2001’’; and
(2) in subsection (e), by striking out ‘‘during the five-year
period beginning on October 1, 1994’’ and inserting in lieu
thereof ‘‘during the period beginning on October 1, 1994, and
ending on September 30, 2001’’.
(i) TRANSITIONAL COMMISSARY
AND EXCHANGE BENEFITS.—
Section 1146 of such title is amended—
(1) by striking out ‘‘during the nine-year period beginning
on October 1, 1990’’ and inserting in lieu thereof ‘‘during the
period beginning on October 1, 1990, and ending on September
30, 2001’’; and
(2) by striking out ‘‘during the five-year period beginning
on October 1, 1994’’ and inserting in lieu thereof ‘‘during the
period beginning on October 1, 1994, and ending on September
30, 2001’’.
( j) TRANSITIONAL USE OF MILITARY HOUSING.—Section 1147(a)
of such title is amended—
(1) in paragraph (1), by striking out ‘‘during the nine-
year period beginning on October 1, 1990’’ and inserting in
lieu thereof ‘‘during the period beginning on October 1, 1990,
and ending on September 30, 2001’’; and
(2) in paragraph (2), by striking out ‘‘during the five-year
period beginning on October 1, 1994’’ and inserting in lieu
thereof ‘‘during the period beginning on October 1, 1994, and
ending on September 30, 2001’’.
(k) CONTINUED ENROLLMENT
OF DEPENDENTS
IN DEFENSE
DEPENDENTS’ EDUCATION
SYSTEM.—Section 1407(c)(1) of the
Defense Dependents’ Education Act of 1978 (20 U.S.C. 926(c)(1))
is amended by striking out ‘‘during the nine-year period beginning
on October 1, 1990’’ and inserting in lieu thereof ‘‘during the period
beginning on October 1, 1990, and ending on September 30, 2001’’.
(l) FORCE REDUCTION TRANSITION PERIOD DEFINITION.—Section
4411 of the National Defense Authorization Act for Fiscal Year
1993 (10 U.S.C. 12681 note) is amended by striking out ‘‘September
30, 1999’’ and inserting in lieu thereof ‘‘September 30, 2001’’.
(m) TEMPORARY SPECIAL AUTHORITY
FOR FORCE REDUCTION
PERIOD RETIREMENTS.—Section 4416(b)(1) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 note)
is amended by striking out ‘‘October 1, 1999’’ and inserting in
lieu thereof ‘‘October 1, 2001’’.
(n) RETIRED PAY
FOR NON-REGULAR SERVICE.—(1) Section
12731(f ) of title 10, United States Code, is amended by striking
out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘September
30, 2001’’.
(2) Section 12731a of such title is amended in subsections
(a)(1)(B) and (b) by striking out ‘‘October 1, 1999’’ and inserting
in lieu thereof ‘‘October 1, 2001’’.
(o) REDUCTION OF TIME-IN-GRADE REQUIREMENT FOR RETEN-
TION OF GRADE UPON VOLUNTARY RETIREMENT.—Section 1370(d)
of such title is amended by adding at the end the following new
paragraph:
H. R. 3616—108
‘‘(5) The Secretary of Defense may authorize the Secretary
of a military department to reduce the 3-year period required by
paragraph (3)(A) to a period not less than 2 years in the case
of retirements effective during the period beginning on the date
of the enactment of this paragraph and ending on September 30,
2001. The number of reserve commissioned officers of an armed
force in the same 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 2 percent
of the strength authorized for that fiscal year for reserve commis-
sioned officers of that armed force in an active status in that
grade.’’.
(p) AFFILIATION WITH GUARD
AND RESERVE UNITS; WAIVER
OF CERTAIN LIMITATIONS.—Section 1150(a) of such title is amended
by striking out ‘‘during the nine-year period beginning on October
1, 1990’’ and inserting in lieu thereof ‘‘during the period beginning
on October 1, 1990, and ending on September 30, 2001’’.
(q) RESERVE MONTGOMERY GI BILL.—Section 16133(b)(1)(B) of
such title is amended by striking out ‘‘September 30, 1999’’ and
inserting in lieu thereof ‘‘September 30, 2001’’.
SEC. 562. LEAVE WITHOUT PAY FOR SUSPENDED ACADEMY CADETS
AND MIDSHIPMEN.
(a) AUTHORITY.—Section 702 of title 10, United States Code,
is amended—
(1) by designating the second sentence of subsection (b)
as subsection (d);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) INVOLUNTARY
LEAVE
WITHOUT
PAY
FOR
SUSPENDED
ACADEMY CADETS AND MIDSHIPMEN.—(1) Under regulations pre-
scribed under subsection (d), the Secretary concerned may place
an academy cadet or midshipman on involuntary leave for any
period during which the Superintendent of the Academy at which
the cadet or midshipman is admitted has suspended the cadet
or midshipman from duty at the Academy—
‘‘(A) pending separation from the Academy;
‘‘(B) pending return to the Academy to repeat an academic
semester or year; or
‘‘(C) for other good cause.
‘‘(2) A cadet or midshipman placed on involuntary leave under
paragraph (1) is not entitled to any pay under section 230(c) of
title 37 for the period of the leave.
‘‘(3) Return of an academy cadet or midshipman to a pay
status at the Academy concerned from involuntary leave status
under paragraph (1) does not restore any entitlement of the cadet
or midshipman to pay for the period of the involuntary leave.’’.
(b) DEFINITION.—Such section is further amended—
(1) in subsection (c) (as redesignated by subsection (a)(2)),
by striking out ‘‘cadets at’’ and all that follows through ‘‘Naval
Academy,’’ and inserting in lieu thereof ‘‘academy cadets or
midshipmen’’; and
(2) by adding at the end the following new subsection:
‘‘(e) DEFINITION.—In this section, the term ‘academy cadet or
midshipman’ means—
‘‘(1) a cadet of the United States Military Academy;
H. R. 3616—109
‘‘(2) a midshipman of the United States Naval Academy;
‘‘(3) a cadet of the United States Air Force Academy; or
‘‘(4) a cadet of the United States Coast Guard Academy.’’.
(c) SUBSECTION HEADINGS.—Such section is further amended—
(1) 
in 
subsection 
(a), 
by 
inserting 
‘‘GRADUATION
LEAVE.—’’ after ‘‘(a)’’;
(2) in subsection (c) (as redesignated by subsection (a)(2)),
by inserting ‘‘INAPPLICABLE LEAVE PROVISIONS.—’’ after ‘‘(c)’’;
and
(3) in subsection (d) (as designated by subsection (a)(1)),
by inserting ‘‘REGULATIONS.—’’ after ‘‘(d)’’.
SEC. 563. CONTINUED ELIGIBILITY UNDER VOLUNTARY SEPARATION
INCENTIVE PROGRAM FOR MEMBERS WHO INVOLUNTAR-
ILY LOSE MEMBERSHIP IN A RESERVE COMPONENT.
(a) PERIOD OF ELIGIBILITY.—Subsection (a) of section 1175 of
title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(2) by striking out ‘‘, for the period of time the member
serves in a reserve component’’; and
(3) by adding at the end the following:
‘‘(2)(A) Except as provided in subparagraph (B), a financial
incentive provided a member under this section shall be paid for
the period equal to twice the number of years of service of the
member, computed as provided in subsection (e)(5).
‘‘(B) If, before the expiration of the period otherwise applicable
under subparagraph (A) to a member receiving a financial incentive
under this section, the member is separated from a reserve compo-
nent or is transferred to the Retired Reserve, the period for payment
of a financial incentive to the member under this section shall
terminate on the date of the separation or transfer unless—
‘‘(i) the separation or transfer is required by reason of
the age or number of years of service of the member;
‘‘(ii) the separation or transfer is required by reason of
the failure of selection for promotion or the medical disqualifica-
tion of the member, except in a case in which the Secretary
of Defense or the Secretary of Transportation determines that
the basis for the separation or transfer is a result of a deliberate
action taken by the member with the intent to avoid retention
in the Ready Reserve or Standby Reserve; or
‘‘(iii) in the case of a separation, the member is separated
from the reserve component for appointment or enlistment
in or transfer to another reserve component of an armed force
for service in the Ready Reserve or Standby Reserve of that
armed force.’’.
(b) REPEAL OF SUPERSEDED PROVISION.—Subsection (e)(1) of
such section is amended by striking out the second sentence.
(c) EFFECTIVE DATE.—The amendments made by this section
apply with respect to any person provided a voluntary separation
incentive under section 1175 of title 10, United States Code
(whether before, on, or after the date of the enactment of this
Act).
H. R. 3616—110
SEC. 564. REINSTATEMENT OF DEFINITION OF FINANCIAL INSTITU-
TION 
IN 
AUTHORITIES 
FOR 
REIMBURSEMENT 
OF
DEFENSE PERSONNEL FOR GOVERNMENT ERRORS IN
DIRECT DEPOSIT OF PAY.
(a) MEMBERS OF THE ARMED FORCES.—Paragraph (1) of section
1053(d) of title 10, United States Code, is amended to read as
follows:
‘‘(1) The term ‘financial institution’ means a bank, savings
and loan association, or similar institution or a credit union
chartered by the United States or a State.’’.
(b) CIVILIAN PERSONNEL.—Paragraph (1) of section 1594(d) of
such title is amended to read as follows:
‘‘(1) The term ‘financial institution’ means a bank, savings
and loan association, or similar institution or a credit union
chartered by the United States or a State.’’.
SEC. 565. INCREASE IN MAXIMUM AMOUNT FOR COLLEGE FUND PRO-
GRAM.
(a) INCREASE
IN MAXIMUM RATE
FOR ACTIVE COMPONENT
MONTGOMERY GI BILL SUPPLEMENT.—Section 3015(d) of title 38,
United States Code, is amended—
(1) by inserting ‘‘, at the time the individual first becomes
a member of the Armed Forces,’’ after ‘‘Secretary of Defense,
may’’; and
(2) by striking out ‘‘$400’’ and all that follows through
‘‘that date’’ and inserting in lieu thereof ‘‘$950 per month’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1998, and shall apply with
respect to individuals who first become members of the Armed
Forces on or after that date.
SEC. 566. CENTRAL IDENTIFICATION LABORATORY, HAWAII.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the Central Identification Laboratory, Hawaii, of the Department
of the Army is an important element of the Department of Defense
and is critical to the full accounting of members of the Armed
Forces who have been classified as POW/MIAs or are otherwise
unaccounted for.
(b) REQUIRED STAFFING LEVEL.—The Secretary of Defense shall
provide sufficient personnel to fill all authorized personnel positions
of the Central Identification Laboratory, Hawaii, Department of
the Army. Those personnel shall be drawn from members of the
Army, Navy, Air Force, and Marine Corps and from civilian person-
nel, as appropriate, considering the proportion of POW/MIAs from
each service.
(c) JOINT MANNING PLAN.—The Secretary of Defense shall
develop and implement, not later than March 31, 2000, a joint
manning plan to ensure the appropriate participation of the four
services in the staffing of the Central Identification Laboratory,
Hawaii, as required by subsection (b).
(d) LIMITATION ON REDUCTIONS.—The Secretary of the Army
may not carry out any personnel reductions (in authorized or
assigned personnel) at the Central Identification Laboratory,
Hawaii, until the joint manning plan required by subsection (c)
is implemented.
H. R. 3616—111
SEC. 567. MILITARY FUNERAL HONORS FOR VETERANS.
(a) CONFERENCE ON PRACTICES CONCERNING MILITARY HONORS
AT FUNERALS
FOR VETERANS.—(1) The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall convene
and preside over a conference, to be completed not later than
December 31, 1998, for the purpose of determining means of improv-
ing and increasing the availability of military funeral honors for
veterans. The Secretary of Veterans Affairs shall also participate
in the conference.
(2) The Secretaries shall invite and encourage the participation
at the conference of appropriate representatives of veterans service
organizations.
(3) The conference shall perform the following:
(A) Review current policies and practices of the military
departments and the Department of Veterans Affairs relating
to the provision of military funeral honors for veterans.
(B) Consider alternative methods for providing military
funeral honors for veterans and develop new strategies for
providing those honors.
(C) Determine what resources may be available outside
the Department of Defense that could be used to provide mili-
tary funeral honors for veterans.
(D) Analyze the costs associated with providing military
funeral honors for veterans, including the costs associated with
using personnel and other resources for that purpose.
(E) Assess trends in the rate of death of veterans.
(F) Propose, consider, and determine means of improving
and increasing the availability of military funeral honors for
veterans.
(4) Not later than March 31, 1999, the Secretary of Defense
shall submit to Congress a report on the conference. The report
shall set forth any modifications to Department of Defense directives
on military funeral honors adopted as a result of the conference
and include any recommendations for legislation that the Secretary
considers appropriate as a result of the conference.
(b) HONOR GUARD DETAILS AT FUNERALS OF VETERANS.—(1)
Chapter 75 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 1491. Honor guard details at funerals of veterans
‘‘(a) AVAILABILITY.—The Secretary of a military department
shall, upon request, provide an honor guard detail (or ensure that
an honor guard detail is provided) for the funeral of any veteran
that occurs after December 31, 1999.
‘‘(b) COMPOSITION OF HONOR GUARD DETAILS.—The Secretary
of each military department shall ensure that an honor guard
detail for the funeral of a veteran consists of not less than three
persons and (unless a bugler is part of the detail) has the capability
to play a recorded version of Taps.
‘‘(c) PERSONS FORMING HONOR GUARDS.—An honor guard detail
may consist of members of the armed forces or members of veterans
organizations or other organizations approved for purposes of this
section under regulations prescribed by the Secretary of Defense.
The Secretary of a military department may provide transportation,
or reimbursement for transportation, and expenses for a person
who participates in an honor guard detail under this section and
H. R. 3616—112
is not a member of the armed forces or an employee of the United
States.
‘‘(d) REGULATIONS.—The Secretary of Defense shall by regula-
tion establish a system for selection of units of the armed forces
and other organizations to provide honor guard details. The system
shall place an emphasis on balancing the funeral detail workload
among the units and organizations providing honor guard details
in an equitable manner as they are able to respond to requests
for such details in terms of geographic proximity and available
resources. The Secretary shall provide in such regulations that
the armed force in which a veteran served shall not be considered
to be a factor when selecting the military unit or other organization
to provide an honor guard detail for the funeral of the veteran.
‘‘(e) ANNUAL REPORT.—The Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Commit-
tee on National Security of the House of Representatives a report
not later than January 31 of each year beginning with 2001 and
ending with 2005 on the experience of the Department of Defense
under this section. Each such report shall provide data on the
number of funerals supported under this section, the cost for that
support, shown by manpower and other cost factors, and the number
and costs of funerals supported by each participating organization.
The data in the report shall be presented in a standard format,
regardless of military department or other organization.
‘‘(f ) VETERAN DEFINED.—In this section, the term ‘veteran’ has
the meaning given that term in section 101(2) of title 38.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1491. Honor guard details at funerals of veterans.’’.
(c) TREATMENT OF PERFORMANCE OF HONOR GUARD FUNCTIONS
BY RESERVES.—(1) Chapter 1215 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 12552. Funeral honor guard functions: prohibition of treat-
ment as drill or training
‘‘Performance by a Reserve of honor guard functions at the
funeral of a veteran may not be considered to be a period of
drill or training otherwise required.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘12552. Funeral honor guard functions: prohibition of treatment as drill or train-
ing.’’.
(d) REPEAL
OF LIMITATION
ON AVAILABILITY
OF FUNDS
FOR
HONOR GUARD FUNCTIONS BY NATIONAL GUARD.—Section 114 of
title 32, United States Code, is amended—
(1) by striking out ‘‘(a)’’; and
(2) by striking out subsection (b).
(e) VETERANS SERVICE ORGANIZATION DEFINED.—In this section,
the term ‘‘veterans service organization’’ means any organization
recognized by the Secretary of Veterans Affairs under section 5902
of title 38, United States Code.
SEC. 568. STATUS IN THE NAVAL RESERVE OF CADETS AT THE MER-
CHANT MARINE ACADEMY.
Section 1303(c) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1295(c)), is amended—
H. R. 3616—113
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) by striking out ‘‘may’’ and inserting in lieu thereof
‘‘shall’’; and
(3) by adding at the end the following:
‘‘(2) The Secretary of the Navy shall provide for cadets of
the Academy who are midshipmen in the United States Naval
Reserve to be issued an identification card (referred to as a ‘military
ID card’) and to be entitled to all rights and privileges in accordance
with the same eligibility criteria as apply to other members of
the Ready Reserve of the reserve components of the Armed Forces.
‘‘(3) The Secretary of the Navy shall carry out paragraphs
(1) and (2) in coordination with the Secretary.’’.
SEC. 569. REPEAL OF RESTRICTION ON CIVILIAN EMPLOYMENT OF
ENLISTED MEMBERS.
(a) REPEAL.—Section 974 of title 10, United States Code, is
repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 49 of such title is amended by striking out the
item relating to section 974.
SEC. 570. TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENT
CHILDREN 
NOT 
RESIDING 
WITH 
THE 
SPOUSE 
OR
FORMER SPOUSE OF A MEMBER CONVICTED OF DEPEND-
ENT ABUSE.
(a) ENTITLEMENT
NOT
CONDITIONED
ON
FORFEITURE
OF
SPOUSAL COMPENSATION.—Subsection (d) of section 1059 of title
10, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘(except as otherwise provided in
this subsection)’’; and
(B) by inserting before the period the following: ‘‘,
including an amount (determined under subsection (f )(2))
for each, if any, dependent child of the individual described
in subsection (b) who resides in the same household as
that spouse or former spouse’’;
(2) in paragraph (2)—
(A) by striking out ‘‘(but for subsection (g)) would be
eligible’’ and inserting in lieu thereof ‘‘is or, but for sub-
section (g), would be eligible’’; and
(B) by striking out ‘‘such compensation’’ and inserting
in lieu thereof ‘‘compensation under this section’’; and
(3) in paragraph (4), by striking out ‘‘For purposes of para-
graphs (2) and (3)’’ and inserting in lieu thereof ‘‘For purposes
of this subsection’’.
(b) AMOUNT OF PAYMENT.—Subsection (f )(2) of such section
is amended by striking out ‘‘has custody of a dependent child
or children of the member’’ and inserting in lieu thereof ‘‘has custody
of a dependent child of the member who resides in the same
household as that spouse or former spouse’’.
(c) PROSPECTIVE APPLICABILITY.—No benefits shall accrue by
reason of the amendments made by this section for any month
that begins before the date of the enactment of this Act.
H. R. 3616—114
SEC. 571. PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL
DIPLOMA RECIPIENTS AS HIGH SCHOOL GRADUATES
FOR DETERMINATIONS OF ELIGIBILITY FOR ENLIST-
MENT IN THE ARMED FORCES.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall estab-
lish a pilot program to assess whether the Armed Forces could
better meet recruiting requirements by treating GED recipients
and home school diploma recipients as having graduated from high
school with a high school diploma for the purpose of determining
the eligibility of those persons to enlist in the Armed Forces. The
Secretary of each military department shall administer the pilot
program for the Armed Force or armed forces under the jurisdiction
of that Secretary.
(b) PERSONS ELIGIBLE UNDER THE PILOT PROGRAM AS HIGH
SCHOOL GRADUATES.—Under the pilot program, a person shall be
treated as having graduated from high school with a high school
diploma for the purpose described in subsection (a) if—
(1) the person has completed a general education develop-
ment program while participating in the National Guard Chal-
lenge Program under section 509 of title 32, United States
Code, and is a GED recipient; or
(2) the person is a home school diploma recipient and
provides a transcript demonstrating completion of high school
to the military department involved under the pilot program.
(c) GED AND HOME SCHOOL DIPLOMA RECIPIENTS.—For the
purposes of this section—
(1) a person is a GED recipient if the person, after complet-
ing a general education development program, has obtained
certification of high school equivalency by meeting State
requirements and passing a State approved exam that is
administered for the purpose of providing an appraisal of the
person’s achievement or performance in the broad subject mat-
ter areas usually required for high school graduates; and
(2) a person is a home school diploma recipient if the
person has received a diploma for completing a program of
education through the high school level at a home school,
without regard to whether the home school is treated as a
private school under the law of the State in which located.
(d) ANNUAL LIMIT ON NUMBER.—Not more than 1,250 GED
recipients and home school diploma recipients enlisted by an armed
force during a fiscal year may be treated under the pilot program
as having graduated from high school with a high school diploma.
(e) DURATION OF PILOT PROGRAM.—The pilot program shall
be in effect during the period beginning on October 1, 1998, and
ending on September 30, 2003.
(f ) REPORT.—Not later than February 1, 2004, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives a report on the pilot program. The report shall
include the following, set forth separately for GED recipients and
home school diploma recipients:
(1) The assessment of the Secretary of Defense, and any
assessment of any of the Secretaries of the military depart-
ments, regarding the value of, and any necessity for, authority
to treat GED recipients and home school diploma recipients
as having graduated from high school with a high school
H. R. 3616—115
diploma for the purpose of determining the eligibility of those
persons to enlist in the Armed Forces.
(2) A comparison (shown by armed force and by each fiscal
year of the pilot program) of the performance of the persons
who enlisted during the fiscal year as GED or home school
diploma recipients treated under the pilot program as having
graduated from high school with a high school diploma with
the performance of the persons who enlisted in that armed
force during the same fiscal year after having graduated from
high school with a high school diploma, with respect to the
following:
(A) Attrition.
(B) Discipline.
(C) Adaptability to military life.
(D) Aptitude for mastering the skills necessary for
technical specialties.
(E) Reenlistment rates.
(g) STATE DEFINED.—For purposes of this section, the term
‘‘State’’ includes the District of Columbia, the Commonwealth of
Puerto Rico, and the territories of the United States.
SEC. 572. SENSE OF CONGRESS CONCERNING NEW PARENT SUPPORT
PROGRAM AND MILITARY FAMILIES.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the New Parent Support Program that was begun as
a pilot program of the Marine Corps at Camp Pendleton,
California, has been an effective tool in curbing family violence
within the military community;
(2) such program is a model for future New Parent Support
Programs throughout the Marine Corps, Navy, Army, and Air
Force; and
(3) in light of the pressures and strains placed upon mili-
tary families and the benefits of the New Parent Support Pro-
gram in helping ‘‘at-risk’’ families, the Department of Defense
should seek ways to ensure that in future fiscal years funds
are made available for New Parent Support Programs for the
Army, Navy, Air Force, and Marine Corps in amounts sufficient
to meet requirements for those programs.
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the New Parent Support Program of the
Department of Defense. The Secretary shall include in the report
the following:
(1) A description of how the Army, Navy, Air Force, and
Marine Corps are each implementing a New Parent Support
Program and how each such program is organized.
(2) A description of how the implementation of programs
for the Army, Navy, and Air Force compare to the fully imple-
mented Marine Corps program.
(3) The number of installations that the four Armed Forces
have each scheduled to receive support for the New Parent
Support Program.
(4) The number of installations delayed in providing the
program.
(5) The number of programs terminated.
(6) The number of programs with reduced support.
H. R. 3616—116
(7) The funding provided for those programs for each of
the four Armed Forces for each of fiscal years 1994 through
1999 and the amount projected to be provided for those pro-
grams for fiscal year 2000 and, if the amount provided for
any of those programs for any such year is less that the amount
needed to fully fund that program for that year, an explanation
of the reasons for the shortfall.
SEC. 573. ADVANCEMENT OF BENJAMIN O. DAVIS, JUNIOR, TO GRADE
OF GENERAL ON THE RETIRED LIST OF THE AIR FORCE.
(a) AUTHORITY.—The President is authorized to advance
Lieutenant General Benjamin O. Davis, Junior, United States Air
Force, retired, to the grade of general on the retired list of the
Air Force.
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—An advancement
of Benjamin O. Davis, Junior, to the grade of general on the retired
list of the Air Force under subsection (a) shall not increase or
change the compensation or benefits from the United States to
which any person is now or may in the future be entitled based
upon the military service of the said Benjamin O. Davis, Junior.
SEC. 574. SENSE OF THE HOUSE OF REPRESENTATIVES CONCERNING
ADHERENCE BY CIVILIANS IN MILITARY CHAIN OF COM-
MAND TO THE STANDARD OF EXEMPLARY CONDUCT
REQUIRED OF COMMANDING OFFICERS AND OTHERS IN
AUTHORITY IN THE ARMED FORCES.
It is the sense of the House of Representatives that civilians
in the military chain of command (as provided in section 162(b)
of title 10, United States Code) should (in the same manner as
is required by law of commanding officers and others in authority
in the Armed Forces)—
(1) show in themselves a good example of virtue, honor,
and patriotism and subordinate themselves to those ideals;
(2) be vigilant in inspecting the conduct of all persons
who are placed under their command;
(3) guard against and put an end to all dissolute and
immoral practices and correct, according to the laws and regula-
tions of the Armed Forces, all persons who are guilty of them;
and
(4) take all necessary and proper measures, under the
laws, regulations, and customs of the Armed Forces, to promote
and safeguard the morale, the physical well-being, and the
general welfare of the officers and enlisted persons under their
command or charge.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1999.
Sec. 602. Rate of pay for cadets and midshipmen at the service academies.
Sec. 603. Basic allowance for housing outside the United States.
Sec. 604. Basic allowance for subsistence for reserves.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Three-month extension of certain bonuses and special pay authorities for
reserve forces.
H. R. 3616—117
Sec. 612. Three-month extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Three-month extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Increased hazardous duty pay for aerial flight crewmembers in certain pay
grades.
Sec. 615. Aviation career incentive pay and aviation officer retention bonus.
Sec. 616. Diving duty special pay for divers having diving duty as a nonprimary
duty.
Sec. 617. Hardship duty pay.
Sec. 618. Selective reenlistment bonus eligibility for Reserve members performing
active Guard and Reserve duty.
Sec. 619. Repeal of 10 percent limitation on certain selective reenlistment bonuses.
Sec. 620. Increase in maximum amount authorized for Army enlistment bonus.
Sec. 621. Equitable treatment of Reserves eligible for special pay for duty subject to
hostile fire or imminent danger.
Sec. 622. Retention incentives initiative for critically short military occupational
specialties.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Payments for movements of household goods arranged by members.
Sec. 632. Exception to maximum weight allowance for baggage and household
effects.
Sec. 633. Travel and transportation allowances for travel performed by members in
connection with rest and recuperative leave from overseas stations.
Sec. 634. Storage of baggage of certain dependents.
Sec. 635. Commercial travel of Reserves at Federal supply schedule rates for attend-
ance at inactive-duty training assemblies.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. Paid-up coverage under Survivor Benefit Plan.
Sec. 642. Survivor Benefit Plan open enrollment period.
Sec. 643. Effective date of court-required former spouse Survivor Benefit Plan
coverage effectuated through elections and deemed elections.
Sec. 644. Presentation of United States flag to members of the Armed Forces upon
retirement.
Sec. 645. Recovery, care, and disposition of remains of medically retired member
who dies during hospitalization that begins while on active duty.
Sec. 646. Revision to computation of retired pay for certain members.
Sec. 647. Elimination of backlog of unpaid retired pay.
Subtitle E—Other Matters
Sec. 651. Definition of possessions of the United States for pay and allowances
purposes.
Sec. 652. Accounting of advance payments.
Sec. 653. Reimbursement of rental vehicle costs when motor vehicle transported at
Government expense is late.
Sec. 654. Education loan repayment program for health professions officers serving
in Selected Reserve.
Sec. 655. Federal employees’ compensation coverage for students participating in
certain officer candidate programs.
Sec. 656. Relationship of enlistment bonuses to eligibility to receive Army college
fund supplement under Montgomery GI Bill Educational Assistance
Program.
Sec. 657. Authority to provide financial assistance for education of certain defense
dependents overseas.
Sec. 658. Clarifications concerning payments to certain persons captured or interned
by North Vietnam.
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Except as provided
in subsection (b), the adjustment to become effective during fiscal
year 1999 required by section 1009 of title 37, United States Code,
in the rate of monthly basic pay authorized members of the uni-
formed services by section 203(a) of such title shall not be made.
H. R. 3616—118
(b) INCREASE IN BASIC PAY.—Effective on January 1, 1999,
the rates of basic pay of members of the uniformed services shall
be increased by the greater of—
(1) 3.6 percent; or
(2) the percentage increase determined under subsection
(c) of section 1009 of title 37, United States Code, by which
the monthly basic pay of members would be adjusted under
subsection (a) of that section on that date in the absence
of subsection (a) of this section.
SEC. 602. RATE OF PAY FOR CADETS AND MIDSHIPMEN AT THE SERV-
ICE ACADEMIES.
(a) INCREASED RATE.—Section 203(c) of title 37, United States
Code, is amended by striking out ‘‘$558.04’’ and inserting in lieu
thereof ‘‘$600.00’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 1999.
SEC. 603. BASIC ALLOWANCE FOR HOUSING OUTSIDE THE UNITED
STATES.
(a) PAYMENT
OF CERTAIN EXPENSES RELATED
TO OVERSEAS
HOUSING.—Section 403(c) of title 37, United States Code, is amend-
ed by adding at the end the following new paragraph:
‘‘(3)(A) In the case of a member of the uniformed services
authorized to receive an allowance under paragraph (1), the Sec-
retary concerned may make a lump-sum payment to the member
for required deposits and advance rent, and for expenses relating
thereto, that are—
‘‘(i) incurred by the member in occupying private housing
outside of the United States; and
‘‘(ii) authorized or approved under regulations prescribed
by the Secretary concerned.
‘‘(B) Expenses for which a member may be reimbursed under
this paragraph may include losses relating to housing that are
sustained by the member as a result of fluctuations in the relative
value of the currencies of the United States and the foreign country
in which the housing is located.
‘‘(C) The Secretary concerned shall recoup the full amount
of any deposit or advance rent payments made by the Secretary
under subparagraph (A), including any gain resulting from currency
fluctuations between the time of payment and the time of
recoupment.’’.
(b) CONFORMING AMENDMENT.—Section 405 of title 37, United
States Code, is amended by striking out subsection (c).
(c) RETROACTIVE APPLICATION.—The reimbursement authority
provided by section 403(c)(3)(B) of title 37, United States Code,
as added by subsection (a), applies with respect to losses relating
to housing that are sustained, on or after July 1, 1997, by a
member of the uniformed services as a result of fluctuations in
the relative value of the currencies of the United States and the
foreign country in which the housing is located.
SEC. 604. BASIC ALLOWANCE FOR SUBSISTENCE FOR RESERVES.
(a) IN GENERAL.—Section 402 of title 37, United States Code,
is amended—
(1) by redesignating subsections (e) and (f ) as subsections
(f ) and (g), respectively; and
H. R. 3616—119
(2) by inserting after subsection (d) the following new sub-
section:
‘‘(e) SPECIAL RULE
FOR CERTAIN ENLISTED RESERVE MEM-
BERS.—Unless entitled to basic pay under section 204 of this title,
an enlisted member of a reserve component may receive, at the
discretion of the Secretary concerned, rations in kind, or a part
thereof, when the member’s instruction or duty periods, as described
in section 206(a) of this title, total at least 8 hours in a calendar
day. The Secretary concerned may provide an enlisted member
who could be provided rations in kind under the preceding sentence
with a commutation when rations in kind are not available.’’.
(b) 
APPLICATION
DURING
TRANSITIONAL
PERIOD.—Section
602(d)(1) of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 37 U.S.C. 402 note) is amended by
adding at the end the following new subparagraph:
‘‘(D) SPECIAL
RULE
FOR
CERTAIN
ENLISTED
RESERVE
MEMBERS.—Unless entitled to basic pay under section 204
of title 37, United States Code, an enlisted member of
a reserve component (as defined in section 101(24) of such
title) may receive, at the discretion of the Secretary con-
cerned (as defined in section 101(5) of such title), rations
in kind, or a part thereof, when the member’s instruction
or duty periods (as described in section 206(a) of such
title) total at least 8 hours in a calendar day. The Secretary
concerned may provide an enlisted member who could be
provided rations in kind under the preceding sentence with
a commutation when rations in kind are not available.’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. THREE-MONTH EXTENSION OF CERTAIN BONUSES AND SPE-
CIAL PAY AUTHORITIES FOR RESERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY
SHORT WARTIME SPECIALTIES.—Section 302g(f ) of title 37, United
States Code, is amended by striking out ‘‘September 30, 1999’’
and inserting in lieu thereof ‘‘December 31, 1999’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f )
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1999’’ and inserting in lieu thereof ‘‘December 31, 1999’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1999’’ and inserting in lieu thereof ‘‘December 31, 1999’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1999’’ and insert-
ing in lieu thereof ‘‘December 31, 1999’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1999’’ and inserting in lieu thereof ‘‘December 31, 1999’’.
(f ) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1999’’ and inserting in lieu thereof
‘‘December 31, 1999’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of title
37, United States Code, as redesignated by section 622, is amended
H. R. 3616—120
by striking out ‘‘September 30, 1999’’ and inserting in lieu thereof
‘‘December 31, 1999’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of title 10, United States Code, is amended by striking
out ‘‘October 1, 1999’’ and inserting in lieu thereof ‘‘January 1,
2000’’.
SEC. 612. THREE-MONTH EXTENSION OF CERTAIN BONUSES AND
SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CAN-
DIDATES, REGISTERED NURSES, AND NURSE ANES-
THETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘December
31, 1999’’.
(b) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘December
31, 1999’’.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘December
31, 1999’’.
SEC. 613. THREE-MONTH EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking out ‘‘September
30, 1999,’’ and inserting in lieu thereof ‘‘December 31, 1999,’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of title 37, United States Code, is amended by striking
out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘December
31, 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, 1999’’
and inserting in lieu thereof ‘‘December 31, 1999’’.
(d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
States Code, is amended by striking out ‘‘September 30, 1999’’
and inserting in lieu thereof ‘‘December 31, 1999’’.
(e) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
title 37, United States Code, is amended by striking out ‘‘September
30, 1999’’ and inserting in lieu thereof ‘‘December 31, 1999’’.
(f ) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of title 37, United States Code, is amended by striking
out ‘‘October 1, 1999’’ and inserting in lieu thereof ‘‘October 1,
1998, and the 15-month period beginning on that date and ending
on December 31, 1999’’.
SEC. 614. INCREASED HAZARDOUS DUTY PAY FOR AERIAL FLIGHT
CREWMEMBERS IN CERTAIN PAY GRADES.
(a) RATES.—The table in section 301(b) of title 37, United
States Code, is amended by striking out the items relating to
pay grades E–4, E–5, E–6, E–7, E–8, and E–9, and inserting in
lieu thereof the following:
H. R. 3616—121
‘‘E–9 .................................................................................................................
240
E–8 .................................................................................................................
240
E–7 .................................................................................................................
240
E–6 .................................................................................................................
215
E–5 .................................................................................................................
190
E–4 .................................................................................................................
165’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1998, and shall apply with respect
to months beginning on or after that date.
SEC. 615. AVIATION CAREER INCENTIVE PAY AND AVIATION OFFICER
RETENTION BONUS.
(a) DEFINITION OF AVIATION SERVICE.—(1) Section 301a(a)(6)
of title 37, United States Code, is amended—
(A) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively; and
(B) by inserting before subparagraph (B) (as so redesig-
nated) the following new subparagraph:
‘‘(A) The term ‘aviation service’ means service performed
by an officer (except a flight surgeon or other medical officer)
while holding an aeronautical rating or designation or while
in training to receive an aeronautical rating or designation.’’.
(2) Section 301b( j) of such title is amended by striking out
paragraph (1) and inserting in lieu thereof the following new para-
graph:
‘‘(1) The term ‘aviation service’ means service performed
by an officer (except a flight surgeon or other medical officer)
while holding an aeronautical rating or designation or while
in training to receive an aeronautical rating or designation.’’.
(b) AMOUNT OF INCENTIVE PAY.—Subsection (b) of section 301a
of such title is amended to read as follows:
‘‘(b)(1) A member who satisfies the requirements described in
subsection (a) is entitled to monthly incentive pay as follows:
‘‘Years of aviation service (including
Monthly
flight training) as an officer:
rate
2 or less ...........................................................................................................
$125
Over 2 ..............................................................................................................
$156
Over 3 ..............................................................................................................
$188
Over 4 ..............................................................................................................
$206
Over 6 ..............................................................................................................
$650
Over 14 ............................................................................................................
$840
Over 22 ............................................................................................................
$585
Over 23 ............................................................................................................
$495
Over 24 ............................................................................................................
$385
Over 25 ............................................................................................................
$250
‘‘(2) An officer in a pay grade above O–6 is entitled, until
the officer completes 25 years of aviation service, to be paid at
the rates set forth in the table in paragraph (1), except that—
‘‘(A) an officer in pay grade O–7 may not be paid at a
rate greater than $200 a month; and
‘‘(B) an officer in pay grade O–8 or above may not be
paid at a rate greater than $206 a month.
‘‘(3) For a warrant officer with over 22, 23, 24, or 25 years
of aviation service who is qualified under subsection (a), the rate
prescribed in the table in paragraph (1) for officers with over
14 years of aviation service shall continue to apply to the warrant
officer.’’.
(c) REFERENCES
TO AVIATION SERVICE.—(1) Section 301a of
such title is further amended—
H. R. 3616—122
(A) in subsection (a)(4)—
(i) by striking out ‘‘22 years of the officer’s service
as an officer’’ and inserting in lieu thereof ‘‘22 years of
aviation service of the officer’’; and
(ii) by striking out ‘‘25 years of service as an officer
(as computed under section 205 of this title)’’ and inserting
in lieu thereof ‘‘25 years of aviation service’’; and
(B) in subsection (d), by striking out ‘‘subsection (b)(1)
or (2), as the case may be, for the performance of that duty
by a member of corresponding years of aviation or officer serv-
ice, as appropriate,’’ and inserting in lieu thereof ‘‘subsection
(b) for the performance of that duty by a member with cor-
responding years of aviation service’’.
(2) Section 301b(b)(5) of such title is amended by striking
out ‘‘active duty’’ and inserting in lieu thereof ‘‘aviation service’’.
(d) CONFORMING AMENDMENT.—Section 615 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105–
85; 111 Stat. 1787) is repealed.
SEC. 616. DIVING DUTY SPECIAL PAY FOR DIVERS HAVING DIVING
DUTY AS A NONPRIMARY DUTY.
(a) 
ELIGIBILITY
FOR
MAINTAINING
PROFICIENCY.—Section
304(a)(3) of title 37, United States Code, is amended to read as
follows:
‘‘(3) either—
‘‘(A) actually performs diving duty while serving in
an assignment for which diving is a primary duty; or
‘‘(B) meets the requirements to maintain proficiency
as described in paragraph (2) while serving in an assign-
ment that includes diving duty other than as a primary
duty.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1998, and shall apply with respect
to months beginning on or after that date.
SEC. 617. HARDSHIP DUTY PAY.
(a) DUTY FOR WHICH PAY AUTHORIZED.—Section 305 of title
37, United States Code, is amended—
(1) in subsection (a), by striking out ‘‘on duty at a location’’
and all that follows through the period at the end of the
subsection and inserting in lieu thereof ‘‘performing duty in
the United States or outside the United States that is des-
ignated by the Secretary of Defense as hardship duty.’’;
(2) by striking out subsections (b) and (c);
(3) in subsection (d), by striking out ‘‘hardship duty location
pay’’ and inserting in lieu thereof ‘‘hardship duty pay’’; and
(4) by redesignating subsection (d) as subsection (b).
(b) CONFORMING AMENDMENT.—Section 907(d) of such title is
amended by striking out ‘‘duty at a hardship duty location’’ and
inserting in lieu thereof ‘‘hardship duty’’.
(c) CLERICAL AMENDMENTS.—(1) The heading for section 305
of such title is amended to read as follows:
‘‘§ 305. Special pay: hardship duty pay’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 5 of such title is amended to read
as follows:
‘‘305. Special pay: hardship duty pay.’’.
H. R. 3616—123
SEC. 
618. 
SELECTIVE 
REENLISTMENT 
BONUS 
ELIGIBILITY 
FOR
RESERVE MEMBERS PERFORMING ACTIVE GUARD AND
RESERVE DUTY.
Section 308(a)(1)(D) of title 37, United States Code, is amended
to read as follows:
‘‘(D) reenlists or voluntarily extends the member’s enlist-
ment for a period of at least three years—
‘‘(i) in a regular component of the service concerned;
or
‘‘(ii) in a reserve component of the service concerned,
if the member is performing active Guard and Reserve
duty (as defined in section 101(d)(6) of title 10).’’.
SEC. 619. REPEAL OF TEN PERCENT LIMITATION ON CERTAIN SELEC-
TIVE REENLISTMENT BONUSES.
Section 308(b) of title 37, United States Code, is amended—
(1) by striking out paragraph (2); and
(2) by striking out ‘‘(1)’’ after ‘‘(b)’’.
SEC. 620. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR ARMY
ENLISTMENT BONUS.
Section 308f(a) of title 37, United States Code, is amended
by striking out ‘‘$4,000’’ and inserting in lieu thereof ‘‘$6,000’’.
SEC. 621. EQUITABLE TREATMENT OF RESERVES ELIGIBLE FOR SPE-
CIAL PAY FOR DUTY SUBJECT TO HOSTILE FIRE OR
IMMINENT DANGER.
Section 310(b) of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) A member of a reserve component who is eligible for
special pay under this section for a month shall receive the full
amount authorized in subsection (a) for that month regardless
of the number of days during that month on which the member
satisfies the eligibility criteria specified in such subsection.’’.
SEC. 622. RETENTION INCENTIVES INITIATIVE FOR CRITICALLY SHORT
MILITARY OCCUPATIONAL SPECIALTIES.
(a) REQUIREMENT
FOR NEW INCENTIVES.—The Secretary of
Defense shall establish and provide for members of the Armed
Forces qualified in critically short military occupational specialties
a series of new incentives that the Secretary considers potentially
effective for increasing the rates at which those members are
retained in the Armed Forces for service in such specialties.
(b) CRITICALLY SHORT MILITARY OCCUPATIONAL SPECIALTIES.—
For the purposes of this section, a military occupational specialty
is a critically short military occupational specialty for an Armed
Force if the number of members retained in that Armed Force
in fiscal year 1998 for service in that specialty is less than 50
percent of the number of members of that Armed Force that were
projected to be retained in that Armed Force for service in the
specialty by the Secretary of the military department concerned
as of October 1, 1997.
(c) INCENTIVES.—It is the sense of Congress that, among the
new incentives established and provided under this section, the
Secretary of Defense should include the following incentives:
(1) Family support and leave allowances.
(2) Increased special reenlistment or retention bonuses.
H. R. 3616—124
(3) Repayment of educational loans.
(4) Priority of selection for assignment to preferred perma-
nent duty station or for extension at permanent duty station.
(5) Modified leave policies.
(6) Special consideration for Government housing or addi-
tional housing allowances.
(d) RELATIONSHIP TO OTHER INCENTIVES.—Incentives provided
under this section are in addition to any special pay or other
benefit that is authorized under any other provision of law.
(e) REPORTS.—(1) Not later than December 1, 1998, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report that identifies, for each of the Armed Forces, the
critically short military occupational specialties to which incentives
under this section are to apply.
(2) Not later than April 15, 1999, the Secretary of Defense
shall submit to the congressional defense committees a report that
specifies, for each of the Armed Forces, the incentives that are
to be provided under this section.
Subtitle C—Travel and Transportation
Allowances
SEC. 631. PAYMENTS FOR MOVEMENTS OF HOUSEHOLD GOODS
ARRANGED BY MEMBERS.
(a) MONETARY ALLOWANCE AUTHORIZED.—Subsection (b)(1) of
section 406 of title 37, United States Code, is amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘, or reimbursement therefor,’’; and
(B) by inserting after the second sentence the following
new sentence: ‘‘Alternatively, the member may be paid
reimbursement or a monetary allowance under subpara-
graph (F).’’; and
(2) by adding at the end the following new subparagraph:
‘‘(F) A member entitled to transportation of baggage and house-
hold effects under subparagraph (A) may, as an alternative to
the provision of transportation, be paid reimbursement or, at the
member’s request, a monetary allowance in advance for the cost
of transportation of the baggage and household effects. The mone-
tary allowance may be paid only if the amount of the allowance
does not exceed the cost that would be incurred by the Government
under subparagraph (A) for the transportation of the baggage and
household effects. Appropriations available to the Department of
Defense, the Department of Transportation, and the Department
of Health and Human Services for providing transportation of bag-
gage or household effects of members of the uniformed services
shall be available to pay a reimbursement or monetary allowance
under this subparagraph. The Secretary concerned may prescribe
the manner in which the risk of liability for damage, destruction,
or loss of baggage or household effects arranged, packed, crated,
or loaded by a member is allocated among the member, the United
States, and any contractor when a reimbursement or monetary
allowance is elected under this subparagraph.’’.
(b) REPEAL OF SUPERSEDED PROVISION.—(1) Such section is
further amended—
(A) by striking out subsection ( j); and
H. R. 3616—125
(B) by redesignating subsections (k), (l), and (m) as sub-
sections ( j), (k), and (l), respectively.
(2) Section 2634(d) of title 10, United States Code, is amended
by striking out ‘‘section 406(k)’’ and inserting in lieu thereof ‘‘section
406( j)’’.
SEC. 632. EXCEPTION TO MAXIMUM WEIGHT ALLOWANCE FOR BAG-
GAGE AND HOUSEHOLD EFFECTS.
Section 406(b)(1)(D) of title 37, United States Code, is amended
in the second sentence by inserting before the period the following:
‘‘, unless the additional weight allowance in excess of such maximum
is intended to permit the shipping of consumables that cannot
be reasonably obtained at the new station of the member’’.
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL
PERFORMED BY MEMBERS IN CONNECTION WITH REST
AND RECUPERATIVE LEAVE FROM OVERSEAS STATIONS.
(a) PROVISION OF TRANSPORTATION.—Section 411c of title 37,
United States Code, is amended by striking out subsection (b)
and inserting in lieu thereof the following new subsection:
‘‘(b) When the transportation authorized by subsection (a) is
provided by the Secretary concerned, the Secretary may use Govern-
ment or commercial carriers. The Secretary concerned may limit
the amount of payments made to members under subsection (a).’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 411c. Travel and transportation allowances: travel per-
formed in connection with rest and recuperative
leave from certain stations in foreign countries’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 7 of such title is amended to read
as follows:
‘‘411c. Travel and transportation allowances: travel performed in connection with
rest and recuperative leave from certain stations in foreign countries.’’.
SEC. 634. STORAGE OF BAGGAGE OF CERTAIN DEPENDENTS.
Section 430(b) of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) At the option of the member, in lieu of the transportation
of baggage of a dependent child under paragraph (1) from the
dependent’s school in the continental United States, the Secretary
concerned may pay or reimburse the member for costs incurred
to store the baggage at or in the vicinity of the school during
the dependent’s annual trip between the school and the member’s
duty station. The amount of the payment or reimbursement may
not exceed the cost that the Government would incur to transport
the baggage.’’.
SEC. 635. COMMERCIAL TRAVEL OF RESERVES AT FEDERAL SUPPLY
SCHEDULE RATES FOR ATTENDANCE AT INACTIVE-DUTY
TRAINING ASSEMBLIES.
(a) AUTHORITY.—Chapter 1217 of title 10, United States Code,
is amended by adding at the end the following new section:
H. R. 3616—126
‘‘§ 12603. Attendance at inactive-duty training assemblies:
commercial travel at Federal supply schedule
rates
‘‘(a) FEDERAL SUPPLY SCHEDULE TRAVEL.—Commercial travel
under Federal supply schedules is authorized for the travel of
a Reserve to the location of inactive duty training to be performed
by the Reserve and from that location upon completion of the
training.
‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe
in regulations such requirements, conditions, and restrictions for
travel under the authority of subsection (a) as the Secretary consid-
ers appropriate. The regulations shall include policies and proce-
dures for preventing abuses of that travel authority.
‘‘(c) REIMBURSEMENT NOT AUTHORIZED.—A Reserve is not enti-
tled to Government reimbursement for the cost of travel authorized
under subsection (a).
‘‘(d) TREATMENT
OF TRANSPORTATION
AS USE
BY MILITARY
DEPARTMENTS.—For the purposes of section 201(a) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)),
travel authorized under subsection (a) shall be treated as transpor-
tation for the use of a military department.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘12603. Attendance at inactive-duty training assemblies: commercial travel at Fed-
eral supply schedule rates.’’.
Subtitle D—Retired Pay, Survivor Benefits,
and Related Matters
SEC. 641. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.
Section 1452 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘( j) COVERAGE PAID UP AT 30 YEARS AND AGE 70.—Effective
October 1, 2008, no reduction may be made under this section
in the retired pay of a participant in the Plan for any month
after the later of—
‘‘(1) the 360th month for which the participant’s retired
pay is reduced under this section; and
‘‘(2) the month during which the participant attains 70
years of age.’’.
SEC. 642. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT PERIOD.
(a) PERSONS NOT CURRENTLY PARTICIPATING
IN SURVIVOR
BENEFIT PLAN.—
(1) ELECTION
OF
SBP
COVERAGE.—An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open enrollment period specified in subsection
(d).
(2) ELECTION OF SUPPLEMENTAL ANNUITY COVERAGE.—An
eligible retired or former member who elects under paragraph
(1) to participate in the Survivor Benefit Plan may also elect
during the open enrollment period to participate in the Supple-
mental Survivor Benefit Plan.
H. R. 3616—127
(3) ELIGIBLE RETIRED OR FORMER MEMBER.—For purposes
of paragraphs (1) and (2), an eligible retired or former member
is a member or former member of the uniformed services who
on the day before the first day of the open enrollment period
is not a participant in the Survivor Benefit Plan and—
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code (or chapter 67 of
such title as in effect before October 5, 1994), but for
the fact that such member or former member is under
60 years of age.
(4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.—
(A) STANDARD ANNUITY.—A person making an election
under paragraph (1) by reason of eligibility under para-
graph (3)(A) shall be treated for all purposes as providing
a standard annuity under the Survivor Benefit Plan.
(B) RESERVE-COMPONENT ANNUITY.—A person making
an election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all purposes
as providing a reserve-component annuity under the Sur-
vivor Benefit Plan.
(b) MANNER OF MAKING ELECTIONS.—
(1) IN GENERAL.—An election under this section must be
made in writing, signed by the person making the election,
and received by the Secretary concerned before the end of
the open enrollment period. Except as provided in paragraph
(2), any such election shall be made subject to the same condi-
tions, and with the same opportunities for designation of bene-
ficiaries and specification of base amount, that apply under
the Survivor Benefit Plan or the Supplemental Survivor Benefit
Plan, as the case may be. A person making an election under
subsection (a) to provide a reserve-component annuity shall
make a designation described in section 1448(e) of title 10,
United States Code.
(2) ELECTION MUST BE VOLUNTARY.—An election under this
section is not effective unless the person making the election
declares the election to be voluntary. An election to participate
in the Survivor Benefit Plan under this section may not be
required by any court. An election to participate or not to
participate in the Survivor Benefit Plan is not subject to the
concurrence of a spouse or former spouse of the person.
(c) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall
be effective as of the first day of the first calendar month following
the month in which the election is received by the Secretary con-
cerned.
(d) OPEN ENROLLMENT PERIOD DEFINED.—The open enrollment
period is the 1-year period beginning on March 1, 1999.
(e) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN
TWO YEARS OF MAKING ELECTION.—If a person making an election
under this section dies before the end of the 2-year period beginning
on the effective date of the election, the election is void and the
amount of any reduction in retired pay of the person that is attrib-
utable to the election shall be paid in a lump sum to the person
who would have been the deceased person’s beneficiary under the
voided election if the deceased person had died after the end of
such 2-year period.
H. R. 3616—128
(f ) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provi-
sions of sections 1449, 1453, and 1454 of title 10, United States
Code, are applicable to a person making an election, and to an
election, under this section in the same manner as if the election
were made under the Survivor Benefit Plan or the Supplemental
Survivor Benefit Plan, as the case may be.
(g) PREMIUMS FOR OPEN ENROLLMENT ELECTION.—
(1) PREMIUMS TO BE CHARGED.—The Secretary of Defense
shall prescribe in regulations premiums which a person electing
under this section shall be required to pay for participating
in the Survivor Benefit Plan pursuant to the election. The
total amount of the premiums to be paid by a person under
the regulations shall be equal to the sum of—
(A) the total amount by which the retired pay of the
person would have been reduced before the effective date
of the election if the person had elected to participate
in the Survivor Benefit Plan (for the same base amount
specified in the election) at the first opportunity that was
afforded the member to participate under chapter 73 of
title 10, United States Code;
(B) interest on the amounts by which the retired pay
of the person would have been so reduced, computed from
the dates on which the retired pay would have been so
reduced at such rate or rates and according to such meth-
odology as the Secretary of Defense determines reasonable;
and
(C) any additional amount that the Secretary deter-
mines necessary to protect the actuarial soundness of the
Department of Defense Military Retirement Fund against
any increased risk for the fund that is associated with
the election.
(2) PREMIUMS
TO
BE
CREDITED
TO
RETIREMENT
FUND.—
Premiums paid under the regulations shall be credited to the
Department of Defense Military Retirement Fund.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘Survivor Benefit Plan’’ means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
(2) The term ‘‘Supplemental Survivor Benefit Plan’’ means
the program established under subchapter III of chapter 73
of title 10, United States Code.
(3) The term ‘‘retired pay’’ includes retainer pay paid under
section 6330 of title 10, United States Code.
(4) The terms ‘‘uniformed services’’ and ‘‘Secretary con-
cerned’’ have the meanings given those terms in section 101
of title 37, United States Code.
(5) The term ‘‘Department of Defense Military Retirement
Fund’’ means the Department of Defense Military Retirement
Fund established under section 1461(a) of title 10, United
States Code.
SEC. 643. EFFECTIVE DATE OF COURT-REQUIRED FORMER SPOUSE
SURVIVOR BENEFIT PLAN COVERAGE EFFECTUATED
THROUGH ELECTIONS AND DEEMED ELECTIONS.
(a) ELIMINATION
OF DISPARITY
IN EFFECTIVE DATE PROVI-
SIONS.—Section 1448(b)(3) of title 10, United States Code, is
amended—
H. R. 3616—129
(1) in subparagraph (C)—
(A) by striking out the second sentence; and
(B) by striking out ‘‘EFFECTIVE DATE,’’ in the heading;
and
(2) by adding at the end the following new subparagraph:
‘‘(E) EFFECTIVE DATE OF ELECTION.—An election under
this paragraph is effective as of—
‘‘(i) the first day of the first month following the
month in which the election is received by the Sec-
retary concerned; or
‘‘(ii) in the case of a person required (as described
in section 1450(f )(3)(B) of this title) to make the elec-
tion by reason of a court order or filing the date of
which is on or after the date of the enactment of
the subparagraph, the first day of the first month
which begins after the date of that court order or
filing.’’.
(b) CONFORMITY BY CROSS REFERENCE.—Section 1450(f )(3)(D)
of such title is amended by striking out ‘‘the first day of the
first month which begins after the date of the court order or
filing involved’’ and inserting in lieu thereof ‘‘the day referred
to in section 1448(b)(3)(E)(ii) of this title’’.
SEC. 644. PRESENTATION OF UNITED STATES FLAG TO MEMBERS OF
THE ARMED FORCES UPON RETIREMENT.
(a) ARMY.—(1) Chapter 353 of title 10, United States Code,
is amended by inserting after the table of sections the following
new section:
‘‘§ 3681. Presentation of United States flag upon retirement
‘‘(a) PRESENTATION OF FLAG.—Upon the release of a member
of the Army from active duty for retirement, the Secretary of
the Army shall present a United States flag to the member.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—A member
is not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
section or section 6141 or 8681 of this title or section 516 of
title 14.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a flag under
this section shall be at no cost to the recipient.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section 3684
the following new item:
‘‘3681. Presentation of United States flag upon retirement.’’.
(b) NAVY AND MARINE CORPS.—(1) Chapter 561 of title 10,
United States Code, is amended by inserting after the table of
sections the following new section:
‘‘§ 6141. Presentation of United States flag upon retirement
‘‘(a) PRESENTATION OF FLAG.—Upon the release of a member
of the Navy or Marine Corps from active duty for retirement or
transfer to the Fleet Reserve or the Fleet Marine Corps Reserve,
the Secretary of the Navy shall present a United States flag to
the member.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—A member
is not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
H. R. 3616—130
section or section 3681 or 8681 of this title or section 516 of
title 14.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a flag under
this section shall be at no cost to the recipient.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section 6151
the following new item:
‘‘6141. Presentation of United States flag upon retirement.’’.
(c) AIR FORCE.—(1) Chapter 853 of title 10, United States
Code, is amended by inserting after the table of sections the follow-
ing new section:
‘‘§ 8681. Presentation of United States flag upon retirement
‘‘(a) PRESENTATION OF FLAG.—Upon the release of a member
of the Air Force from active duty for retirement, the Secretary
of the Air Force shall present a United States flag to the member.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—A member
is not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
section or section 3681 or 6141 of this title or section 516 of
title 14.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a flag under
this section shall be at no cost to the recipient.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section 8684
the following new item:
‘‘8681. Presentation of United States flag upon retirement.’’.
(d) COAST GUARD.—(1) Chapter 13 of title 14, United States
Code, is amended by adding at the end the following new section:
‘‘§ 516. Presentation of United States flag upon retirement
‘‘(a) PRESENTATION OF FLAG.—Upon the release of a member
of the Coast Guard from active duty for retirement, the Secretary
of Transportation shall present a United States flag to the member.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—A member
is not eligible for a presentation of a flag under subsection (a)
if the member has previously been presented a flag under this
section or section 3681, 6141, and 8681 of title 10.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a flag under
his section shall be at no cost to the recipient.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘516. Presentation of United States flag upon retirement.’’.
(e) EFFECTIVE DATE.—Sections 3681, 6141, and 8681 of title
10, United States Code (as added by this section), and section
516 of title 14, United States Code (as added by subsection (d)),
shall apply with respect to releases from active duty described
in those sections on or after October 1, 1998.
SEC. 645. RECOVERY, CARE, AND DISPOSITION OF REMAINS OF MEDI-
CALLY RETIRED MEMBER WHO DIES DURING HOS-
PITALIZATION THAT BEGINS WHILE ON ACTIVE DUTY.
(a) IN GENERAL.—Paragraph (7) of section 1481(a) of title 10,
United States Code, is amended to read as follows:
‘‘(7) A person who—
H. R. 3616—131
‘‘(A) dies as a retired member of an armed force under
the Secretary’s jurisdiction during a continuous hospitaliza-
tion of the member as a patient in a United States hospital
that began while the member was on active duty for a
period of more than 30 days; or
‘‘(B) is not covered by subparagraph (A) and, while
in a retired status by reason of eligibility to retire under
chapter 61 of this title, dies during a continuous hos-
pitalization of the person that began while the person
was on active duty as a Regular of an armed force under
the Secretary’s jurisdiction.’’.
(b) REPEAL OF OBSOLETE TERMINOLOGY.—Paragraph (1) of such
section is amended by striking out ‘‘, or a member of an armed
force without component,’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
applies with respect to deaths occurring on or after the date of
the enactment of this Act.
SEC. 646. REVISION TO COMPUTATION OF RETIRED PAY FOR CERTAIN
MEMBERS.
Section 1406(i) of title 10, United States Code, is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) EXCEPTION FOR MEMBERS REDUCED IN GRADE OR WHO
DO NOT SERVE SATISFACTORILY.—Paragraph (1) does not apply
in the case of a member who, while or after serving in a
position specified in that paragraph and by reason of conduct
occurring on or after the date of the enactment of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999—
‘‘(A) in the case of an enlisted member, is reduced
in grade as the result of a court-martial sentence, non-
judicial punishment, or other administrative process; or
‘‘(B) in the case an officer, is not certified by the Sec-
retary of Defense under section 1370(c) of this title as
having served on active duty satisfactorily in the grade
of general or admiral, as the case may be, while serving
in that position.’’.
SEC. 647. ELIMINATION OF BACKLOG OF UNPAID RETIRED PAY.
(a) REQUIREMENT.—The Secretary of the Army shall take such
actions as are necessary to eliminate, by December 31, 1998, the
backlog of unpaid retired pay for members and former members
of the Army (including members and former members of the Army
Reserve and the Army National Guard).
(b) REPORT.—Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to Congress a report on the backlog of unpaid retired pay. The
report shall include the following:
(1) The actions taken under subsection (a).
(2) The extent of the remaining backlog.
(3) A discussion of any additional actions that are necessary
to ensure that retired pay is paid in a timely manner.
H. R. 3616—132
Subtitle E—Other Matters
SEC. 651. DEFINITION OF POSSESSIONS OF THE UNITED STATES FOR
PAY AND ALLOWANCES PURPOSES.
Section 101(2) of title 37, United States Code, is amended
by striking out ‘‘the Canal Zone,’’.
SEC. 652. ACCOUNTING OF ADVANCE PAYMENTS.
Section 1006(e) of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) Notwithstanding any other provision of law, an obliga-
tion for an advance of pay made pursuant to this section shall
be recorded as an obligation only in the fiscal year in which the
entitlement of the member to the pay accrues.
‘‘(B) Current appropriations available for advance payments
under this section may be transferred to the prior fiscal year appro-
priation available for the same purpose in the amount of any
unliquidated advance payments that remain at the end of such
prior fiscal year. Such unliquidated advance payments shall then
be credited to the current appropriation.’’.
SEC. 653. REIMBURSEMENT OF RENTAL VEHICLE COSTS WHEN MOTOR
VEHICLE TRANSPORTED AT GOVERNMENT EXPENSE IS
LATE.
(a) TRANSPORTATION IN CONNECTION WITH CHANGE OF PERMA-
NENT STATION.—Section 2634 of title 10, United States Code, is
amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f ) the following new sub-
section:
‘‘(g) If a motor vehicle of a member (or a dependent of the
member) that is transported at the expense of the United States
under this section does not arrive at the authorized destination
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the member for expenses incurred after
that date to rent a motor vehicle for the member’s use, or for
the use of the dependent for whom the delayed vehicle was trans-
ported. The amount reimbursed may not exceed $30 per day, and
the rental period for which reimbursement may be provided expires
after 7 days or on the date on which the delayed vehicle arrives
at the authorized destination (whichever occurs first).’’.
(b) TRANSPORTATION IN CONNECTION WITH OTHER MOVES.—
Section 406(h) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(3) If a motor vehicle of a member (or a dependent of the
member) that is transported at the expense of the United States
under this subsection does not arrive at the authorized destination
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the member for expenses incurred after
that date to rent a motor vehicle for the dependent’s use. The
amount reimbursed may not exceed $30 per day, and the rental
period for which reimbursement may be provided expires after
7 days or on the date on which the delayed vehicle arrives at
the authorized destination (whichever occurs first).’’.
H. R. 3616—133
(c) TRANSPORTATION IN CONNECTION WITH DEPARTURE ALLOW-
ANCES FOR DEPENDENTS.—Section 405a(b) of title 37, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) If a motor vehicle of a member (or a dependent of the
member) that is transported at the expense of the United States
under paragraph (1) does not arrive at the authorized destination
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the member for expenses incurred after
that date to rent a motor vehicle for the dependent’s use. The
amount reimbursed may not exceed $30 per day, and the rental
period for which reimbursement may be provided expires after
7 days or on the date on which the delayed vehicle arrives at
the authorized destination (whichever occurs first).’’.
(d) TRANSPORTATION IN CONNECTION WITH EFFECTS OF MISSING
PERSONS.—Section 554 of title 37, United States Code, is amended—
(1) by redesignating subsection (i) as subsection ( j); and
(2) by inserting after subsection (h) the following new sub-
section:
‘‘(i) If a motor vehicle of a member (or a dependent of the
member) that is transported at the expense of the United States
under this section does not arrive at the authorized destination
of the vehicle by the designated delivery date, the Secretary con-
cerned shall reimburse the dependent for expenses incurred after
that date to rent a motor vehicle for the dependent’s use. The
amount reimbursed may not exceed $30 per day, and the rental
period for which reimbursement may be provided expires after
7 days or on the date on which the delayed vehicle arrives at
the authorized destination (whichever occurs first).’’.
(e) APPLICATION
OF
AMENDMENTS.—(1) Reimbursement for
motor vehicle rental expenses may not be provided under the
amendments made by this section until after the date on which
the Secretary of Defense submits to Congress a report containing
a certification that the Department of Defense has in place and
operational a system to recover the cost of providing such reimburse-
ment from commercial carriers that are responsible for the delay
in the delivery of the motor vehicles of members of the Armed
Forces and their dependents. The Secretary of Defense shall prepare
the report in consultation with the Secretary of Transportation,
with respect to the Coast Guard.
(2) The amendments shall apply with respect to rental expenses
described in such amendments that are incurred on or after the
date of the submission of the report. The report shall be submitted
not later than six months after the date of the enactment of this
Act and shall include, in addition to the certification, a description
of the system to be used to recover from commercial carriers the
costs incurred under such amendments.
SEC. 654. EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH
PROFESSIONS 
OFFICERS 
SERVING 
IN 
SELECTED
RESERVE.
(a) ELIGIBLE PERSONS.—Subsection (b)(2) of section 16302 of
title 10, United States Code, is amended by inserting ‘‘, or is
enrolled in a program of education leading to professional qualifica-
tions,’’ after ‘‘possesses professional qualifications’’.
H. R. 3616—134
(b) INCREASED BENEFITS.—Subsection (c) of such section is
amended—
(1) in paragraph (2), by striking out ‘‘$3,000’’ and inserting
in lieu thereof ‘‘$20,000’’; and
(2) in paragraph (3), by striking out ‘‘$20,000’’ and inserting
in lieu thereof ‘‘$50,000’’.
SEC. 655. FEDERAL EMPLOYEES’ COMPENSATION COVERAGE FOR
STUDENTS PARTICIPATING IN CERTAIN OFFICER CAN-
DIDATE PROGRAMS.
(a) PERIODS OF COVERAGE.—Subsection (a)(2) of section 8140
of title 5, United States Code, is amended to read as follows:
‘‘(2) during the period of the member’s attendance at train-
ing or a practice cruise under chapter 103 of title 10, United
States Code, beginning when the authorized travel to the train-
ing or practice cruise begins and ending when authorized travel
from the training or practice cruise ends.’’.
(b) LINE OF DUTY.—Subsection (b) of such section is amended
to read as follows:
‘‘(b) For the purpose of this section, an injury, disability, death,
or illness of a member referred to in subsection (a) may be consid-
ered as incurred or contracted in line of duty only if the injury,
disability, or death is incurred, or the illness is contracted, by
the member during a period described in that subsection. Subject
to review by the Secretary of Labor, the Secretary of the military
department concerned (under regulations prescribed by that Sec-
retary), shall determine whether an injury, disability, or death
was incurred, or an illness was contracted, by a member in line
of duty.’’.
(c) CLARIFICATION OF CASUALTIES COVERED.—Subsection (a) of
such section, as amended by subsection (a) of this section, is further
amended by inserting ‘‘, or an illness contracted,’’ after ‘‘death
incurred’’ in the matter preceding paragraph (1).
(d) EFFECTIVE DATE
AND APPLICABILITY.—The amendments
made by subsections (a) and (b) shall take effect on the date of
the enactment of this Act and apply with respect to injuries, ill-
nesses, disabilities, and deaths incurred or contracted on or after
that date.
SEC. 656. RELATIONSHIP OF ENLISTMENT BONUSES TO ELIGIBILITY
TO RECEIVE ARMY COLLEGE FUND SUPPLEMENT UNDER
MONTGOMERY GI BILL EDUCATIONAL ASSISTANCE PRO-
GRAM.
(a) ENLISTEMENT BONUSES
AND GI BILL SUPPLEMENT NOT
EXCLUSIVE.—Section 3015(d) of title 38, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following:
‘‘(2) In the case of an individual who after October 7, 1997,
receives an enlistment bonus under section 308a or 308f of title
37, receipt of that bonus does not affect the eligibility of that
individual for an increase under paragraph (1) in the rate of the
basic educational assistance allowance applicable to that individual,
and the Secretary concerned may provide such an increase for
that individual (and enter into an agreement with that individual
that the United States agrees to make payments pursuant to such
an increase) without regard to any provision of law (enacted before,
H. R. 3616—135
on, or after the date of the enactment of this paragraph) that
limits the authority to make such payments.’’.
(b) REPEAL OF RELATED LIMITATIONS.—(1) Section 8013(a) of
the Department of Defense Appropriations Act, 1998 (111 Stat.
1222), is amended—
(A) by striking out ‘‘on or after the date of enactment
of this Act—’’ and all that follows through ‘‘nor shall any
amounts’’ and inserting in lieu thereof ‘‘after October 7, 1997,
enlists in the armed services for a period of active duty of
less than three years, nor shall any amounts’’; and
(B) in the first proviso, by striking out ‘‘in the case of
a member covered by clause (1),’’.
(2) Section 8013(a) of the Department of Defense Appropriations
Act, 1999, is amended—
(A) by striking out ‘‘of this Act—’’ and all that follows
through ‘‘nor shall any amounts’’ and inserting in lieu thereof
‘‘of this Act, enlists in the armed services for a period of active
duty of less than 3 years, nor shall any amounts’’; and
(B) in the first proviso, by striking out ‘‘in the case of
a member covered by clause (1),’’.
(3) The amendments made by paragraph (2) shall take effect
on the later of the following:
(A) The date of the enactment of this Act.
(B) The date of the enactment of the Department of Defense
Appropriations Act, 1999.
SEC. 657. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE FOR EDU-
CATION OF CERTAIN DEFENSE DEPENDENTS OVERSEAS.
Section 1407(b) of the Defense Dependents’ Education Act of
1978 (20 U.S.C. 926(b)) is amended—
(1) by striking out ‘‘(b) Under such circumstances as he
may by regulation prescribe, the Secretary of Defense’’ and
inserting in lieu thereof ‘‘(b) TUITION AND ASSISTANCE WHEN
SCHOOLS UNAVAILABLE.—(1) Under such circumstances as the
Secretary of Defense may prescribe in regulations, the Sec-
retary’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating
as a service of the Navy, may provide financial assistance to spon-
sors of dependents in overseas areas where schools operated by
the Secretary of Defense under subsection (a) are not reasonably
available in order to assist the sponsors to defray the costs incurred
by the sponsors for the attendance of the dependents at schools
in such areas other than schools operated by the Secretary of
Defense.
‘‘(B) The Secretary of Defense and the Secretary of Transpor-
tation shall each prescribe regulations relating to the availability
of financial assistance under subparagraph (A). Such regulations
shall, to the maximum extent practicable, be consistent with Depart-
ment of State regulations relating to the availability of financial
assistance for the education of dependents of Department of State
personnel overseas.’’.
SEC. 658. CLARIFICATIONS CONCERNING PAYMENTS TO CERTAIN PER-
SONS CAPTURED OR INTERNED BY NORTH VIETNAM.
(a) ELIGIBILE SURVIVORS.—Subsection (b) of section 657 of the
National Defense Authorization Act for Fiscal Year 1997 (Public