I
105TH CONGRESS
2D SESSION
HR 3616
To authorize appropriations for fiscal year 1999 for military activities of
the Department of Defense, to prescribe military personnel strengths
for fiscal year 1999, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. SPENCE (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on National Security
A BILL
To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1999, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1999’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
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Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Subtitle B—Multi-Year Contract Authorizations
Sec. 111. Authorizations of Multi-Year Contracts for the Army and the Navy.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of Appropriations.
Subtitle B—Other Matters
Sec. 211. Low-rate Initial Production of Weapons Systems.
Sec. 212. Extension of Authority to Permit the Use of Test and Evaluation In-
stallations by Commercial Entities.
Sec. 213. Technical Correction Concerning Information Disclosure.
TITLE III—OPERATION AND MAINTENANCE
Sec. 301. Operation and Maintenance Funding.
Sec. 302. Working Capital Funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Fisher House Trust Funds.
Sec. 305. Transfer from the National Defense Stockpile Transaction Fund.
Sec. 306. Payment of Stipulated Penalties Assessed under the Comprehensive
Environmental Response Compensation and Liability Act, of
1980 in Connection with McClellan Air Force Base, California.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End Strengths for Active Forces.
Sec. 402. Repeal of Minimum End Strength Provisions to Conform End
Strength Management Provisions with the Budget.
Sec. 403. Annual Manpower Requirements Report.
Sec. 404. Joint Staff General Officer and Flag Structure.
Subtitle B—Reserve Forces
Sec. 411. End Strengths for Selected Reserve.
Sec. 412. End Strengths for Reserves on Active Duty in Support of the Re-
serves.
Sec. 413. End Strengths for Military Technicians (Dual Status).
Sec. 414. Increase in Number of Members in Certain Grades Authorized to be
on Active Duty in Support of the Reserves.
Sec. 415. Excluding Certain Reserve Component Members on Active Duty for
181 Days or More from Active Component End Strengths.
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Subtitle C—Authorization of Appropriations-Reserve Mobilization Income
Insurance Fund
Sec. 421. Reserve Mobilization Income Insurance Fund.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Active Forces
Sec. 501. Promotion Policy Objectives for Joint Officers.
Sec. 502. Selective Early Retirement Boards of Reserve General and Flag Offi-
cers of the Navy and Marine Corps: Board Composition.
Sec. 503. Active Status Service Requirement for Promotion Consideration for
Reserve Brigadier Generals of the Army and Air Force.
Sec. 504. Posthumous Commissions and Warrants.
Sec. 505. Exclusion of Regular Chief Warrant Officers, W–4, from Involuntary
Retirement for Non-Selection for promotion.
Sec. 506. Clarification of Selection Procedures for the Judge Advocates General
and the Assistant/deputy Judge Advocates General of the Mili-
tary Departments.
Sec. 507. To Establish the Term of Office of the Chief of the Air Force Nurse
Corps as Three Years.
Sec. 508. Time-in-Grade Requirements of Reserve General and Flag Officers.
Sec. 509. Separation of Regular Officers for Substandard Performance of Duty
or Certain Other Reasons.
Sec. 510. Special Selection Board Consideration for Certain Officers, Retired
Officers, or Former Officers of the Armed Forces.
Subtitle B—Reserve Forces
Sec. 511. Active Guard And Reserve Personnel in Support of Active or Reserve
Component.
Sec. 512. Correction of Amendment to Reserve Officer Management Act Provi-
sion.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Military Pay
Sec. 601. Increase in Basic Pay for Fiscal Year 1999.
Subtitle B—Bonus and Incentive Pay
Sec. 611. Extension of Authority Relating to Payment of Other Bonuses and
Special Pays.
Sec. 612. One-year Extension of Certain Bonuses and Special Pay Authorities
for Reserve Forces.
Sec. 613. Extension of Special Pay for Nurse Anesthetists.
Sec. 614. Reenlistment Bonus Eligibility for Members of the Reserve Compo-
nents Who Perform Active Guard and Reserve Duty.
Sec. 615. Increased Maximum Bonus for Enlistment in the Army.
Subtitle C—Other Matters
Sec. 621. Rest and Recuperation Transportation.
Sec. 622. Deletion of Canal Zone from Definition of ‘‘Possessions’’.
Sec. 623. Storage of Student Dependent’s Unaccompanied Baggage.
Sec. 624. United States Air Force Institute of Technology.
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Sec. 625. Annual Leave; Accumulation.
Sec. 626. Effective Dates of Survivor Benefit Coverage.
Sec. 627. Leave Without Pay for Suspended Cadets and Midshipmen.
Sec. 628. Removal of Ten Percent Restriction on Selective Reenlistment Bo-
nuses.
Sec. 629. Authorization to Provide an Educational Allowance in Overseas
Areas.
Sec. 630. Dental Insurance Program Improvements.
Sec. 631. Provision for Recovery, Care, and Disposition of the Remains of All
Medically Retired Members.
Sec. 632. Modification to Voluntary Separation Incentive to Ensure Continued
Eligibility For Members Who Involuntarily Lose Membership
in a Reserve Component.
Sec. 633. Amendment of Eligibility Requirements for Attendance at Depart-
ment of Defense Domestic Dependent Elementary And Second-
ary Schools; Waiver of Five-Year Limit.
Sec. 634. Retirement for Length of Service.
Sec. 635. Navy Limited Duty Officers; Retirement for Years of Service.
TITLE VII—ACQUISITION POLICY
Sec. 701. Repeal of Limitation on Authority to Delegate Approval of Non-
competitive Procedures.
Sec. 702. Modification to Cost or Pricing Data: Truth in Negotiations.
Sec. 703. Procurement Technical Assistance Program Distribution Conforming
Amendment.
Sec. 704. Procurement Technical Assistance Program Limitation.
Sec. 705. Repeal of Requirements Relating to Undefinitized Contractual Ac-
tions.
Sec. 706. Contract Disputes Act Amendment Relating to Payment of Interest
on Contractor Claims.
Sec. 707. Critical Acquisition Positions.
Sec. 708. Acquisition Corps Eligibility.
Sec. 709. OFPP Test Program for Executive Agencies.
Sec. 710. Mentor-Prote´ge´ Program.
Sec. 711. Holding GAO Protest Proceedings in Abeyance.
Sec. 712. Revision to Restrictions on Procurements from Foreign Sources.
TITLE VIII—DEPARTMENT OF DEFENSE MANAGEMENT
Subtitle A—Department of Defense General Management
Sec. 801. Authority to Pay Certain Expenses Relating to Humanitarian and
Civic Assistance for Clearance of Landmines.
Sec. 802. Collection of Dishonored Checks Issued to the Defense Commissary
Agency.
Sec. 803. Revision of Inspection Requirements Relating to the Armed Forces
Retirement Home.
Sec. 804. Protection of Operational Files of the National Imagery and Mapping
Agency.
Sec. 805. Protection of Commercial Sources.
Sec. 806. Repeal of Export Controls on High Performance Computers.
Sec. 807. Repeal of Requirement to Transfer Tactical Airlift Mission to Reserve
Components.
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Sec. 808. Codification of Provisions Pertaining to George C. Marshall Euro-
pean Center for Security Studies; Waiver of Charges for Cer-
tain Participants of the Asia Pacific Center.
Subtitle B—Department of Defense Personnel Management
Sec. 811. Demonstration Project Relating to Certain Personnel Management
Policies and Procedures of the Defense Commissary Agency.
Sec. 812. Employment Preference Program for Military Spouses.
Sec. 813. Preservation of Civil Service Rights for Employees of the Former De-
fense Mapping Agency.
Sec. 814. Clarification of Defense Civilian Personnel System Positions.
Sec. 815. Modification to Management Training Program in Japanese Lan-
guage and Culture.
Sec. 816. Experimental Personnel Authority—Defense Advance Research
Projects Agency.
TITLE IX—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 901. Repeal of Requirement For Separate Budget Request For Procure-
ment of Reserve Equipment.
Sec. 902. Repeal of Requirement for Two-year Budget Cycle for the Depart-
ment of Defense.
Sec. 903. Chemical Stockpile Emergency Preparedness Program.
Sec. 904. Authority to Move Funds for Combating Terrorism Support to Mili-
tary Operations.
Sec. 905. Transfer of Funds: Procedure and Limitations.
Sec. 906. Ballistic Missile Defense Program Elements.
Sec. 907. Transfer of Funds Related to the Execution of Military Family Hous-
ing Privatization Projects.
Sec. 908. Clarification of the Proper Charges to Military Construction Design
Funds.
Sec. 909. Payment of Foreign Licensing Fees from the Proceeds Received from
the Sale of Maps, Charts, and Navigational Books.
Sec. 910. Fees at Military History Institutes.
Subtitle B—Miscellaneous Report Requirements and Repeals
Sec. 911. Repeal of Obsolete Reporting Requirement.
Sec. 912. Repeal of Report on NATO Conventional Defense Capabilities.
Sec. 913. Repeal of Outdated Reports on Allied Burdensharing.
Sec. 914. Repeal of Reporting Requirements Relating to Training of Special
Operations Forces with Friendly Foreign Forces.
Sec. 915. Repeal of Annual Report on the Defense Business Operations Fund.
Sec. 916. Repeal of Annual Report on Use of Authority by the Defense Con-
tract Audit Agency to Subpoena Records of Defense Contrac-
tors.
Sec. 917. Repeal of Report on Use of Funds Received from the Lease of Non-
excess Property.
Sec. 918. Repeal of Studies and Reports on Demonstration Projects for Deliv-
ery of Health Care.
Sec. 919. Reduction in Frequency of Report on Promotion of Joint Officers.
Sec. 920. Repeal of Commission Report on Alternative Utilization of Military
Facilities.
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Sec. 921. Repeal of Report on Proposed Contract for Sale of Gregg Circle Area,
Fort Jackson, South Carolina.
Sec. 922. Exceptions from Reporting Requirements for Emergency Real Prop-
erty Transactions.
Sec. 923. Repeal of Notification Requirements Relating to Inspector General
Investigations.
Sec. 924. Repeal of Reporting of Certain Elements of Overseas Basing Costs.
Sec. 925. Inflation Adjustment to Notification Requirement for Architectural
and Engineering Services and Construction Design Contract.
Subtitle C—Matters Relating to Terrorism
Sec. 931. Authority to Purchase Nontactical Armored Passenger Vehicles under
Emergency Situations for Combating Terrorism and Military
Force Protection Support.
Sec. 932. Maintenance and Operation of Equipment for Counter-Terrorism.
Subtitle D—Matters Relating to Counter Drug Operations
Sec. 941. Department of Defense Support for Counter-Drug Activities.
Sec. 942. Expansion and Extension of Authority to Provide Additional Support
for Counter-Drug Activities of Selected Caribbean Countries.
Subtitle E—Other Matters
Sec. 951. Definition of Financial Institution For Direct Deposit of Pay.
Sec. 952. Release of Drug Test Results of Civil Service Mariners of the Military
Sealift Command.
Sec. 953. Disposition of Collections Recovered from Claims against Third Par-
ties for Loss or Damage to Personal Property Shipped or
Stored at Government Expense.
Sec. 954. Transportation of Polychlorinated Biphenyls.
Sec. 955. Rental of Family Housing in Italy and Korea.
Sec. 956. Pilot Program on Separate Notice by Federal Agency Prior to Gar-
nishment For Child Support and Alimony.
Sec. 957. Long-term Charter of Three Vessels in Support of Submarine Res-
cue, Escort, and Towing.
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for procurement for the Army as follows:
(1) For aircraft, $1,325,943,000.
(2) For missiles, $1,205,768,000.
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(3) For weapons and tracked combat vehicles,
$1,433,608,000.
(4) For ammunition, $1,008,855,000.
(5) For other procurement, $3,198,811,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be ap-
propriated for fiscal year 1999 for procurement for the
Navy as follows:
(1) For aircraft, $7,466,734,000.
(2) For weapons, including missiles and tor-
pedoes, $1,327,545,000.
(3) 
For 
shipbuilding 
and 
conversion,
$6,252,672,000.
(4) For procurement of ammunition for the
Navy and the Marine Corps, $429,539,000.
(5) For other procurement, $3,937,737,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 1999 for procurement for
the Marine Corps in the amount of $745,858,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $7,756,475,000.
(2) For missiles, $2,359,803,000.
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(3) 
For 
procurement 
of 
ammunition,
$384,161,000.
(4) For other procurement, $6,974,387,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for defense-wide procurement in the
amount of $2,041,650,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for procurement for the Defense Inspec-
tor General in the amount of $1,300,000.
SEC. 106. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for the Department of Defense for pro-
curement for carrying out health care programs, projects,
and activities of the Department of Defense in the total
amount of $402,387,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fis-
cal year 1999 in the amount of $855,100,000 for—
(1) the destruction of lethal chemical weapons
in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C.
1521); and
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(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
Subtitle B—Multi-Year Contract
Authorizations
SEC. 111.
AUTHORIZATION OF APPROPRIATIONS.
Multi-year contracts may be entered into in accord-
ance with section 2306 of title 10, United States Code,
as follows:
(1) For the Army:
(A) Medium Tactical Vehicle Replacement
(MTVR) vehicle; and
(B) Longbow Hellfire Missile.
(2) For the Navy:
(A) AV–8B aircraft;
(B) E–2C aircraft; and
(C) T–45 aircraft.
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TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201 AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for the use of the Armed Forces for re-
search, development, test, and evaluation, as follows:
(1) For the Army, $4,780,545,000.
(2) For the Navy, $8,108,923,000.
(3) For the Air Force, $13,598,093,000.
(4) For Defense-wide research, development,
test, and evaluation, $9,591,016,000 of which—
(A) $251,106,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $25,245,000 is authorized for the Di-
rector of Operational Test and Evaluation.
Subtitle B—Other Matters
SEC. 211. LOW-RATE INITIAL PRODUCTION OF WEAPONS
SYSTEMS.
Section 2400(b) of title 10, United States Code is
amended—
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(11) 
For 
the 
Air 
National 
Guard,
$3,093,933,000.
(12) For the Defense Inspector General,
$130,764,000.
(13) For the United States Court of Appeals
for the Armed Forces, $7,324,000.
(14) For Environmental Restoration, Army,
$377,640,000.
(15) For Environmental Restoration, Navy,
$281,600,000.
(16) For Environmental Restoration, Air Force,
$379,100,000.
(17) For Environmental Restoration, Defense-
wide, $26,091,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $195,000,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $63,311,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $727,582,000.
(21) For the Kaho’olawe Island Conveyance,
Remediation, and Environmental Restoration Trust
Fund, $15,000,000.
(22) 
For 
Medical 
Programs, 
Defense,
$9,653,435,000.
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(23) For Cooperative Threat Reduction pro-
grams, $442,400,000.
(24) For Overseas Contingency Operations
Transfer Fund, $746,900,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for the use of the Armed Forces of the
United States and other activities and agencies of the De-
partment of Defense for providing capital for working cap-
ital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$94,500,000.
(2) For the National Defense Sealift Fund,
$418,166,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 1999 from the Armed Forces Retirement Home
Trust Fund the sum of $70,745,000 for the operation of
the Armed Forces Retirement Home, including the United
States Soldiers’ and Airmen’s Home and the Naval Home.
SEC. 304. FISHER HOUSE TRUST FUNDS.
There are hereby authorized to be appropriated for
fiscal year 1999 such amounts which are available from
earnings or gains in the applicable Fisher House trust
fund established under section 2221(a) of title 10, United
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States Code, for the operation of the Fisher Houses ad-
ministered by the Departments of the Army, the Navy,
and the Air Force which are located in proximity to medi-
cal treatment facilities of each such department.
SEC. 305. TRANSFERS FROM THE NATIONAL DEFENSE
STOCKPILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extend provided
in appropriations Acts:
(1) Not more than $150,000,000 is authorized
to be transferred from the National Defense Stock-
pile Transaction Fund to operation and maintenance
accounts for fiscal year 1999 in amounts as follows:
(A) For the Army, $50,000,000.
(B) For the Navy, $50,000,000.
(C) For the Air Force, $50,000,000.
(2) Not more than $350,000,000 may be trans-
ferred to the Defense Working Capital Funds for the
purpose of reducing the outstanding balance of ad-
vance billings.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for
the same purposes and the same period as, the
amounts in accounts to which transferred; and
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(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
SEC. 306. PAYMENT OF STIPULATED PENALTIES ASSESSED
UNDER 
THE 
COMPREHENSIVE 
ENVIRON-
MENTAL RESPONSE COMPENSATION AND LI-
ABILITY ACT, OF 1980 IN CONNECTION WITH
MCCLELLAN AIR FORCE BASE, CALIFORNIA.
From the amounts in the Department of Defense
Base Closure Account 1990 established by section
2906(a)(1) of the Defense Base Closure and Realignment
Act of 1990 (part A of Title XXIX of Public Law 101–
510; 10 U.S.C. 2687 note), the Secretary of Defense may
expend not more than $15,000 to pay stipulated penalties
under the Comprehensive Environmental Response Com-
pensation and Liability Act (42 U.S.C. 9601 et seq.)
against McClellan Air Force Base, California.
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1999, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,696.
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(3) The Marine Corps, 172,200.
(4) The Air Force, 370,882.
SEC. 402. REPEAL OF MINIMUM END STRENGTH PROVI-
SIONS TO CONFORM END STRENGTH MAN-
AGEMENT PROVISIONS WITH THE BUDGET.
(a) IN GENERAL.—Section 691 of title 10, United
States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 39 of such title 10 is amended
by striking the item relating to section 691.
SEC. 403. ANNUAL MANPOWER REQUIREMENTS REPORT.
Section 115a(a) of title 10, United States Code, is
amended by striking out ‘‘not later than February 15 of
each fiscal year’’ and inserting in lieu thereof, ‘‘not later
than 90 days from the date on which the President’s budg-
et is presented to Congress’’.
SEC. 404. JOINT STAFF GENERAL OFFICER AND FLAG
STRUCTURE.
(a) EXEMPTIONS FROM HEADSPACE FOR NIMA DI-
RECTOR
AND
JOINT
STAFF
DIRECTOR.—Section
525(b)(4) of title 10, United States Code, is amended—
(1) in subparagraph (A) by striking ‘‘subpara-
graph (B)’’ and inserting in lieu thereof ‘‘subpara-
graphs (B) and (C)’’;
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(2) in subparagraph (B) by striking ‘‘six’’ and
inserting in lieu thereof ‘‘seven’’;
(3) by adding to the end the following new sub-
paragraph (C):
‘‘(C) An officer while serving as the Direc-
tor, National Imagery and Mapping Agency in
the grade of lieutenant general or vice admiral
is in addition to the number that would other-
wise be permitted for his armed force for that
grade under paragraph (1) or (2).’’.
(b) MAKING PERMANENT ‘‘CHAIRMAN’S 12’’ EXEMP-
TION
FROM
JOINT
DUTY
REQUIREMENTS.—Section
526(b) of such title 10 is amended—
(1) by striking the designator ‘‘(1)’’ at the be-
ginning of the first sentence of the section; and
(2) by striking paragraph (2).
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, 357,000.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 90,843.
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(1) For the Army Reserve, 5,205.
(2) For the Army National Guard of the United
States, 22,179.
(3) For the Air Force Reserves, 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 BE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS.—The table in section 12022(a) of title
10, United States Code, is amended to read as follows:
‘‘Grade
Army
Navy
Air Force
Marine
Corps
Major or Lieutenant Com-
mander ................................
3,219
1,071
703
140
Lieutenant Colonel or Com-
mander ................................
1,524
720
676
Colonel or Navy Captain .........
412
188
274
30’’
(b) SENIOR ENLISTED MEMBERS.—The table in sec-
tion 12012(a) of title 10, United States Code, is amended
to read as follows:
‘‘Grade
Army
Navy
Air Force
Marine
Corps
E–9 .........................................
603
202
388
E–8 .........................................
2,585
429
965
94’’
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SEC. 415. EXCLUDING CERTAIN RESERVE COMPONENT
MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR
MORE FROM ACTIVE COMPONENT END EX-
CLUDING CERTAIN RESERVE COMPONENT
MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR
MORE FROM ACTIVE COMPONENT END.
Section 115(d), title 10, United States Code, is
amended by adding a new subsection (9) as follows:
‘‘(9) Members of reserve components on active
duty to perform special work in support of peacetime
requirements of the military services and combatant
commands for 181 days or more. The total number
of personnel included in this category shall not ex-
ceed two-tenths of one percent of the end strengths
authorized pursuant to subsection (a)(1).’’.
Subtitle C—Reserve Mobilization
Income Insurance Fund
SEC. 421. RESERVE MOBILIZATION INCOME INSURANCE
FUND.
Funds are hereby authorized to be appropriated for
the Reserve Mobilization Income Insurance Fund estab-
lished by section 12528 of title 10, United States Code,
in the amount of $37,000,000.
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TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Active Forces
SEC. 501. PROMOTION POLICY OBJECTIVES FOR JOINT OF-
FICERS.
Section 662(a)(3) of title 10, United States Code, is
amended by striking ‘‘(other than officers covered in para-
graph (1) and (2))’’ and by inserting in lieu thereof ‘‘other
than to the Joint Staff’’.
SEC. 502. SELECTIVE EARLY RETIREMENT BOARDS OF RE-
SERVE GENERAL AND FLAG OFFICERS OF
THE NAVY AND MARINE CORPS: BOARD COM-
POSITION.
Section 14705(b) of title 10, United States Code, is
amended by revising subsection (b) to read as follows:
‘‘(b) BOARDS.—If the Secretary of the Navy deter-
mines that consideration for early retirement under this
section is necessary, the Secretary shall convene a board
to recommend an appropriate number of officers for early
retirement.
‘‘(1) In the case of a board to consider the early
retirement of officers in the grade of rear admiral
(lower half) in the Naval Reserve or brigadier gen-
eral in the Marine Corps Reserve, the Secretary
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shall convene a board under section 14101(b) of this
title.
‘‘(2) In the case of a board to consider the early
retirement of officers in the grade of rear admiral in
the Naval Reserve or major general in the Marine
Corps Reserve, the Secretary shall convene a board
under section 14101(b) of this title except that the
Secretary may direct the composition of such a se-
lection board, notwithstanding section 14102(b),
provided each member of the selection board holds
a permanent grade higher than the grade of the offi-
cers under consideration by the board.’’.
SEC. 503. ACTIVE STATUS SERVICE REQUIREMENT FOR
PROMOTION CONSIDERATION FOR RESERVE
BRIGADIER GENERALS OF THE ARMY AND
AIR FORCE.
Subsection 14301(a) of title 10, United States Code,
is amended by—
(1) striking ‘‘and’’ at the end of paragraph (1).
(2) striking the period at the end of paragraph
(2) and inserting ‘‘; and’’ in lieu thereof.
(3) adding the following new paragraph (3):
‘‘(3) Notwithstanding the requirement in para-
graphs (1) and (2), the Secretary of the Army or
Secretary of the Air Force may permit a Reserve
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component brigadier general to be considered for
promotion to major general by a promotion board
convened under section 14101(a) of this title if that
general officer has been on the inactive status list
for less than one year as of the date of the conven-
ing of the promotion board, and had continuously
served for at least one year on the reserve active sta-
tus list or the active duty list (or a combination of
both) immediately before transfer to the inactive sta-
tus list.’’.
SEC. 504. POSTHUMOUS COMMISSIONS AND WARRANTS.
Section 1521(a)(3) of title 10, United States Code,
is amended—
(1) by inserting ‘‘whether before or after the
member’s death’’ after ‘‘approved by the Secretary
concerned’’; and
(2) by inserting the following sentence at the
end:
Notwithstanding any other provision of law, if the
member dies prior to Secretarial approval, then the
date of the appointment will be as of the date of
death.’’.
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SEC. 505. EXCLUSION OF REGULAR CHIEF WARRANT OFFI-
CERS, W–4, FROM INVOLUNTARY RETIRE-
MENT 
FOR 
NON-SELECTION 
FOR 
PRO-
MOTION.
Section 580(a)(1) of title 10, United States Code, is
amended by inserting ‘‘other than a chief warrant officer,
W–4)’’ after ‘‘a regular chief warrant officer’’.
SEC. 506. CLARIFICATION OF SELECTION PROCEDURES
FOR THE JUDGE ADVOCATES GENERAL AND
THE ASSISTANT/DEPUTY JUDGE ADVOCATES
GENERAL OF THE MILITARY DEPARTMENTS.
(a) ARMY.—Section 3037(d) of title 10, United
States Code, is amended by adding at the end the follow-
ing new sentence: ‘‘The Secretary of the Army shall speci-
fy the number of officers, not fewer than three nor more
than five for each position to be filled, to be rec-
ommended.’’.
(b) NAVY.—(1) THE JUDGE ADVOCATE GENERAL.—
Section 5148(c) of such title 10 is amended by adding at
the end the following new sentence: ‘‘The Secretary of the
Navy shall specify the number of officers, not fewer than
three nor more than five for each position to be filled, to
be recommended.’’;
(2) THE DEPUTY JUDGE ADVOCATE GENERAL.—
Section 5149(a)(2) of such title 10 is amended by adding
at the end the following new sentence: ‘‘The Secretary of
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302g(f) of title 37, United States Code, is amended by
striking ‘‘September 30, 1999’’ and inserting in lieu there-
of ‘‘September 30, 2000’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of title 37, United States Code, is amend-
ed by striking ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of title 37, United States Code, is amended
by striking ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(d) SPECIAL PAY
FOR ENLISTED MEMBERS AS-
SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section
308d(c) of title 37, United States Code, is amended by
striking ‘‘September 30, 2000’’.
(e) SELECTIVE RESERVE AFFILIATION BONUS.—
308e(e) of title 37, United States Code, is amended by
striking ‘‘September 30, 1999’’ and inserting in lieu there-
of ‘‘September 30, 2000’’.
(f) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section 308h(g) of title 37, United States
Code, is amended by striking ‘‘September 30, 1999’’ and
inserting in lieu thereof ‘‘September 30, 2000’’.
(g) PRIOR SERVICE REENLISTMENT BONUS.—Sec-
tion 308i(i) of title 37, United States Code, is amended
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by striking ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CER-
TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
LECTED RESERVE.—Section 16302(d) of title 10 United
States Code, is amended by striking ‘‘October 1, 1999’’
and inserting in lieu thereof ‘‘October 1, 2000’’.
SEC. 613. EXTENSION OF SPECIAL PAY FOR NURSE ANES-
THETISTS.
Section 302e(a)(1) of title 37, United States Code,
is amended by striking out ‘‘September 30, 1999’’ and in-
serting in lieu thereof ‘‘September 30, 2001’’.
SEC. 614. REENLISTMENT BONUS ELIGIBILITY FOR MEM-
BERS OF THE RESERVE COMPONENTS WHO
PERFORM 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 his
enlistment in a regular component or a reserve
component (if performing Active Guard and Re-
serve duty as defined in section 101(d)(6) of
title 10) of the service concerned, for a period
of at least three years;’’.
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SEC. 615. INCREASED MAXIMUM BONUS FOR ENLISTMENT
IN THE ARMY.
Section 308f(a) of title 37, United States Code, is
amended by striking out ‘‘$4,000’’ and inserting in lieu
thereof ‘‘$6,000’’.
Subtitle C—Other Matters
SEC. 621. REST AND RECUPERATION TRANSPORTATION.
(a) TRANSPORTATION ALLOWANCE FOR REST AND
RECUPERATION
TRAVEL.—Section 411c of title 37,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(c)(1) The Secretary of Defense (or the Secretary
of Transportation with respect to members of the Coast
Guard when it is not acting as a service in the Department
of the Navy) may authorize transportation under subpara-
graph (a) for members of the armed forces serving at a
duty station outside the United States—
‘‘(A) in a contingency operation, or
‘‘(B) when the Secretary determines that it
would be in the best interests of the members and
the United States because of unusual conditions ex-
isting at that station.
‘‘(2) The Secretary may authorize transportation
under this subsection only as part of a program of rest
and recuperation authorized in advance by the Secretary
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specifically for the contingency operation or duty station
concerned.
‘‘(3) The transportation authorized by this sub-
section.
‘‘(A) is limited to one round-trip during any pe-
riod of continuous service described in paragraph (1)
of at least 6, but less than 24, months; and
‘‘(B) is in addition to transportation members
may subsequently become eligible for under this sec-
tion, provided members may not be authorized
transportation under this subsection for travel begin-
ning more than 24 months after the service de-
scribed in paragraph (1) begins or after such service
ends, whichever is earlier.’’.
(b) CONFORMING AMENDMENT.—Section 411c of
title 37, United States Code, is further amended in sub-
section (b) by striking ‘‘The transportation authorized by
this section’’ and inserting in lieu thereof ‘‘Except as pro-
vided in subsection (c), the transportation authorized by
this section’’.
SEC. 622. DELETION OF CANAL ZONE FROM DEFINITION OF
‘‘POSSESSIONS’’.
Section 101(2) of title 37, United States Code, is
amended by striking ‘‘the Canal Zone’’.
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SEC. 623. STORAGE OF STUDENT DEPENDENT’S UNACCOM-
PANIED BAGGAGE.
Section 430(b) of title 37, United States Code, is
amended—
(1) by inserting ‘‘The unaccompanied baggage
may be stored in lieu of shipment if advantageous to
the Government.’’ after ‘‘The allowance authorized
by this section may be transported in kind or reim-
bursement therefor, as prescribed by the Secretaries
concerned.’’; and
(2) by striking ‘‘However’’ from the beginning
of the next sentence.
SEC. 624. UNITED STATES AIR FORCE INSTITUTE OF TECH-
NOLOGY.
Section 9314(b)(2)(B) of title 10, United States
Code, is amended by striking ‘‘section 5306(e)’’ and in-
serting in lieu thereof ‘‘section 5373’’.
SEC. 625. ANNUAL LEAVE; ACCUMULATION.
Section 6304(d)(3)(A) of title 5, United States Code,
is amended—
(1) by inserting ‘‘the closure of an installation
in the Republic of Panama in accordance with the
Panama Canal Treaty of 1977,’’ after ‘‘2687 note)
during any period,’’; and
(2) by striking ‘‘December 31, 1997’’ and in-
serting in lieu thereof ‘‘December 31, 2003’’.
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SEC. 626. EFFECTIVE DATES OF SURVIVOR BENEFIT COV-
ERAGE.
Section 1448(b)(3)(C) of title 10, United States
Code, is amended by inserting ‘‘, or in the case of an elec-
tion made by a person described in section 1450(f)(3)(B),
the effective date shall be that described for a deemed elec-
tion under section 1450(f)(3)(D)’’ after ‘‘the Secretary
concerned’’.
SEC. 627. LEAVE WITHOUT PAY FOR SUSPENDED CADETS
AND MIDSHIPMEN.
Section 702 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) The Superintendents of the United States Mili-
tary Academy, the United States Naval Academy, the
United States Air Force Academy, and the United States
Coast Guard Academy may order a cadet or midshipman
enrolled at the Academy under the jurisdiction of the Su-
perintendent placed on involuntary leave without pay if,
under regulations prescribed by the Secretary concerned,
the cadet or midshipman has been suspended from the
Academy pending separation from the Academy or return
to the Academy to repeat an academic semester or year,
or for other good cause. A cadet or midshipman who is
placed on involuntary leave under this subsection pending
separation shall not be entitled to back pay for any period
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‘‘(1) Any regular of an armed force, or member
of an armed force without regard to component, who
dies—
(A) while on active duty; or
(B) while hospitalized after having been re-
tired by reason of medical disability for an in-
jury, illness or disease incurred while on active
duty and the hospitalization has been continu-
ous since the date of retirement from active
duty.’’.
(b) EFFECTIVE DATE.—This provision becomes ef-
fective as of the date of the enactment of this Act to pro-
vide the authority for the recovery, care, and disposition
of remains to any member of the armed forces on active
duty as of the date of this Act or thereafter and to any
member hospitalized upon or after the date of the enact-
ment of this Act who otherwise is eligible for such recov-
ery, care, and disposition of remains under section
1481(a)(1)(B) of such title 10, as added by this section.
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SEC. 632. MODIFICATION TO VOLUNTARY SEPARATION IN-
CENTIVE TO ENSURE CONTINUED ELIGI-
BILITY FOR MEMBERS WHO INVOLUNTARILY
LOSE MEMBERSHIP IN A RESERVE COMPO-
NENT.
Section 1175(a) of title 10, United States Code, is
amended by inserting before the period at the end ‘‘, or
for the period described in subsection 1175(e)(1) of this
section if the member becomes ineligible for retention in
an active or inactive status in a Reserve component be-
cause of age, years of service, failure to select for pro-
motion, or medical disqualification, provided such ineli-
gibility does not result from deliberate action on the part
of the member with the intent to avoid retention in an
active or inactive status in a Reserve component.’’.
SEC. 633. AMENDMENT OF ELIGIBILITY REQUIREMENTS
FOR ATTENDANCE AT DEPARTMENT OF DE-
FENSE DOMESTIC DEPENDENT ELEMENTARY
AND SECONDARY SCHOOLS; WAIVER OF FIVE-
YEAR LIMIT; REMOTE OR UNACCOMPANIED
ASSIGNMENTS.
Section 2164(c) of title 10, United States Code, is
amended—
(1) in paragraph (2) by striking out subpara-
graph (B) and inserting in lieu thereof the following
new subparagraph (2)(B):
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‘‘(2)(B) A dependent referred to in subpara-
graph (A) may be enrolled in the program for more
than five consecutive school years at the discretion
of the Secretary where the dependent is qualified,
space is available in the program, and where the
Secretary will be reimbursed for services provided.
Any such extension may be made for only one school
year at a time.’’; and
(2) by adding at the end the following new
paragraph (4):
‘‘(4) A dependent of a member of the armed
forces, where the member of the armed forces is as-
signed to a remote or unaccompanied assignment,
and the dependent is residing, on or off a military
installation, in a territory, commonwealth, or posses-
sion of the United States, as authorized by perma-
nent change of station orders, may be enrolled in an
educational program provided by the Secretary.’’.
SEC. 634. RETIREMENT FOR LENGTH OF SERVICE.
(a) ARMY.—Section 3911(b) of title 10, United
States Code, is amended by striking out ‘‘nine-year pe-
riod’’ and inserting in lieu thereof ‘‘thirteen-year period’’;
(b) NAVY AND MARINE CORPS.—Section 6323(a)(2)
of title 10, United States Code, is amended by striking
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out ‘‘nine-year period’’ and inserting in lieu thereof ‘‘thir-
teen-year period’’; and
(c) AIR FORCE.—Section 8911(b) of title 10, United
States Code, is amended by striking out ‘‘nine-year pe-
riod’’ and inserting in lieu thereof ‘‘thirteen-year period’’.
SEC. 635. NAVY LIMITED DUTY OFFICERS; RETIREMENT
FOR YEARS OF SERVICE.
(a) EXTENSION
OF EXEMPTION
FOR NAVY COM-
MANDERS.—Section 633 of title 10, United States Code,
is amended by striking out ‘‘October 1, 1999’’ and insert-
ing in lieu thereof ‘‘October 1, 2003’’;
(b) EXTENSION OF EXEMPTION FOR REGULAR NAVY
CAPTAINS.—Section 634 of title 10, United States Code,
is amended by striking out ‘‘October 1, 1999’’ and insert-
ing in lieu thereof ‘‘October 1, 2003’’;
(c) EXTENSION OF EXEMPTION FROM MANDATORY
RETIREMENT FOR FAILURE OF PROMOTION IN NAVAL
SERVICE.—Section 6383(a)(5) of title 10, United States
Code, is amended by striking out ‘‘October 1, 1999’’ and
inserting in lieu thereof ‘‘October 1, 2003’’; and
(d) CONFORMING AMENDMENT REGARDING LIMITA-
TION OF PERIOD A DEFERRED OFFICER MAY REMAIN ON
ACTIVE DUTY.—Section 6383(k) of title 10, United
States Code, is amended by striking out ‘‘October 1,
1999’’ and inserting in lieu thereof ‘‘October 1, 2003’’.
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TITLE VII—ACQUISITION POLICY
AND MANAGEMENT
SEC. 701. REPEAL OF LIMITATION ON AUTHORITY TO DELE-
GATE APPROVAL OF NONCOMPETITIVE PRO-
CEDURES.
(a) 
ARMED
SERVICES
ACQUISITIONS.—Section
2304(f) of title 10, United States Code, is amended—
(1) in clause (1)(B)(ii), by striking ‘‘(or the
head of the procuring activity’s delegate pursuant to
paragraph (6)(A))’’ and inserting in lieu thereof ‘‘(or
his delegate at a level no lower than the competition
advocate for the procuring activity)’’;
(2) in clause (1)(B)(iii), by striking ‘‘designated
pursuant to paragraph (6)(C)’’ and inserting in lieu
thereof ‘‘at a level no lower than Defense agency
senior procurement executive’’; and
(3) by striking paragraph (6).
(b) 
CIVILIAN
AGENCY
ACQUISITIONS.—Section
303(f)(1)(B)(ii) of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(ii)) is
amended by striking ‘‘or a delegate who, if a member of
the armed forces, is a general or flag officer or, if a civil-
ian, is serving in a position in the Senior Executive Service
(or in a comparable or higher position under another
schedule); or’’ inserting in lieu thereof ‘‘or his delegate at
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a level no lower than the competition advocate for the pro-
curing activity; or’’.
SEC. 702. MODIFICATION TO COST OR PRICING DATA:
TRUTH IN NEGOTIATIONS.
(a) ARMED
SERVICES
PROCUREMENTS.—Section
2306a(a) of title 10, United States Code, is amended—
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as
(5) and (6), respectively.
(b) 
PUBLIC
AGENCY
PROCUREMENTS.—Section
304A of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 254b(a)) is amended—
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as
(5) and (6), respectively.
SEC. 703. PROCUREMENT TECHNICAL ASSISTANCE PRO-
GRAM DISTRIBUTION CONFORMING AMEND-
MENT.
Section 2413(c) of title 10, United States Code, is
amended by striking ‘‘region’’ and inserting in lieu thereof
‘‘district’’.
SEC. 704. PROCUREMENT TECHNICAL ASSISTANCE PRO-
GRAM LIMITATION.
(a) IN GENERAL.—Section 2415 of title 10, United
States Code is repealed.
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the Senate a report describing the results of the in-
spection with its recommendations, if any.’’.
SEC. 804. PROTECTION OF OPERATIONAL FILES OF THE NA-
TIONAL IMAGERY AND MAPPING AGENCY.
Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section
105A (50 U.S.C. 403–5a) the following new section:
‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
IMAGERY AND MAPPING AGENCY
‘‘SEC. 105B. (a). EXEMPTION OF CERTAIN OPER-
ATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION,
OR DISCLOSURE.—(1) Operational files of the National
Imagery and Mapping Agency may be exempted by the
Director of the National Imagery and Mapping Agency
from the provisions of section 552 of Title 5, United
States Code (Freedom of Information Act), which require
publication or disclosure, or search or review, in connec-
tion therewith.
‘‘(2) For the purposes of this section, the term ‘oper-
ational files’ means files of the National Imagery and
Mapping Agency (NIMA) concerning the activities of
NIMA that were previously performed by the National
Photographic Interpretation Center of the Central Intel-
ligence Agency (NPIC), and which document the means
by which foreign intelligence or counterintelligence is col-
lected through scientific and technical systems, except that
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files which are the sole repository of disseminated intel-
ligence are not operational files.
‘‘(3) Notwithstanding subsection (1) of this section,
exempted operational files shall continue to be subject to
search and review for information concerning—
‘‘(A) United States citizens or aliens lawfully
admitted for permanent residence who have re-
quested information on themselves pursuant to the
provisions of Section 552 of Title 5, United States
Code (Freedom of Information Act), or section 552a
of Title 5, United States Code (Privacy Act of
1974);
‘‘(B) Any special activity the existence of which
is not exempt from disclosure under the provisions
of section 552 of Title 5, United States Code; or
‘‘(C) The specific subject matter of an inves-
tigation by the Intelligence Oversight Board, the De-
partment of Justice, the Office of General Counsel
of the National Imagery and Mapping Agency, or
the Office of the Director of the National Imagery
and Mapping Agency for any impropriety, or viola-
tion of law, Executive Order, or Presidential direc-
tive, in the conduct of an intelligence activity.
‘‘(4)(A) Files that are not exempted under subsection
(a)(1) of this section which contain information derived
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or disseminated from exempted operational files shall be
subject to search and review.
‘‘(B) The inclusion of information from exempted
operational files in files that are not exempted under para-
graph (1) shall not affect the exemption under subsection
(1) of this section of the originating operational files from
search, review publication, or disclosure.
‘‘(C) Records from exempted operational files which
have been disseminated to and referenced in files that are
not exempted under paragraph (1) and which have been
returned to exempted operational files for sole retention
shall be subject to search and review.
‘‘(5) The provisions of subsection (a)(1) may not be
superseded except by a provision of law which is enacted
after the date of enactment of this Act, and which specifi-
cally cites and repeals or modifies its provisions.
‘‘(6) Whenever any person who has requested agency
records under section 552 of title 5, United States Code
(Freedom of Information Act), alleges that the National
Imagery and Mapping Agency has withheld records im-
properly because of failure to comply with any provision
of this section, judicial review shall be available under the
terms set forth in section 552(a)(4)(B) of title 5, United
States Code, except that—
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‘‘(A) in any case in which information specifi-
cally authorized under criteria established by an Ex-
ecutive Order to be kept secret in the interests of
national defense or foreign relations is filed with, or
produced for, the court by the National Imagery and
Mapping Agency, such information shall be exam-
ined ex parte, in camera by the court;
‘‘(B) the court shall, to the fullest extent prac-
ticable, determine the issues of fact based on sworn
written submissions of the parties;
‘‘(C) when a complainant alleges that requested
records were improperly withheld because of im-
proper exception of operational files, the National
Imagery and Mapping Agency shall meet its burden
under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn writ-
ten submission that exempted operational files likely
to contain responsible records currently perform the
functions set forth in subsection (a)(2) of this sec-
tion;
‘‘(D)(i) when a complainant alleges that re-
quested records were improperly withheld because of
improper exception of operational files, the National
Imagery and Mapping Agency shall meet its burden
under section 552(a)(4)(B) of Title 5, United States
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Code, by demonstrating to the court by sworn writ-
ten submission that exempted operational files likely
to contain responsible records currently perform the
functions set forth in subsection (a)(2) of this sec-
tion; and
‘‘(ii) the court may not order the National Im-
agery and Mapping Agency to review the content of
any exempted operational file or files in order to
make the demonstration required under subpara-
graph (1) of this paragraph, unless the complainant
disputes the National Imagery and Mapping Agen-
cy’s showing with a sworn written submission based
on personal knowledge or otherwise admissible evi-
dence;
‘‘(E) in proceedings under subparagraphs (C)
and (D) of paragraph (a)(6), the parties shall not
obtain discovery pursuant to rules 26 and 36;
‘‘(F) if the court finds under this subsection
that the National Imagery and Mapping Agency has
improperly withheld requested records because of
failure to comply with any provisions of this section,
the court shall order the National Imagery and Map-
ping Agency to search and review the appropriate
exempted operational file or files for the requested
records and make such records, or portions thereof,
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available in accordance with the provisions of section
552 of title 5, United States Code (Freedom of In-
formation Act), and such order shall be the exclusive
remedy for failure to comply with the section;
‘‘(G) if at any time following the filing of a
complaint pursuant to this subsection the National
Imagery and Mapping Agency agrees to search the
appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim
based upon such complaint;
‘‘(H) any information filed with, or produced
for the court pursuant to subparagraphs (A) and
(D) shall be coordinated with the Director of Central
Intelligence prior to submission to the court.
‘‘(b) DECENNIAL REVIEW
OF EXEMPTED OPER-
ATIONAL FILES.—(1) Not less than once every ten years,
the Director of the National Imagery and Mapping Agency
and the Director of Central Intelligence shall review the
exemptions in force under (a)(1) of this section to deter-
mine whether such exemptions may be removed from the
category or exempted files or any portion thereof. The Di-
rector of Central Intelligence may disapprove any deter-
mination to remove such exemptions.
‘‘(2) The review required by subsection (b)(1) of this
section shall include consideration of the historical values
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of other public interest in the subject matter of the par-
ticular category of files or portions thereof and the poten-
tial for declassifying a significant part of the information
contained therein.
‘‘(3) A complaint which alleges that the National Im-
agery and Mapping Agency has improperly withheld
records because of failure to comply with this subsection
may seek judicial review in the district court of the United
States of the district in which any of the parties reside,
or in the District of Columbia. In such a proceeding, the
court’s review shall be limited to determining;
‘‘(A) whether the National Imagery and Map-
ping Agency has conducted the review required by
subsection (b)(1) within 10 years after the enact-
ment of this section or within ten years after the
last review; and
‘‘(B) whether the National Imagery and Map-
ping Agency, in fact, considered the criteria set forth
in subsection (b)(2) of this section in conducting the
required review.’’.
SEC. 805. PROTECTION OF COMMERCIAL SOURCES.
Section 455(b)(1) of title 10, United States Code, is
amended by—
(1) in subparagraph (B) by striking ‘‘or’’;
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(2) in subparagraph (C) by striking the period
at the end inserting in lieu thereof ‘‘; or’’;
(3) by adding at the end the following new sub-
paragraph (D):
‘‘(D) that contains information that the
Secretary of Defense has determined in writing,
if disclosed, would interfere or unfairly compete
with an emerging or existing commercial indus-
try or market operation.’’; and
(4) by adding at the end the following new
paragraph (4):
‘‘(4) Nothing in this section shall affect, limit,
or supersede the authorities or responsibilities of the
Director of the Central Intelligence Agency with re-
spect to imagery and imagery intelligence pursuant
to the National Security Act of 1947, as amended
(50 U.S.C. 402 et seq.), Executive Order 12951, or
any successor Executive order and applicable Presi-
dential directives. The withholding of imagery and
imagery intelligence will be in accordance with the
policies and directives of the Director of Central In-
telligence.’’.
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SEC. 806. REPEAL OF EXPORT CONTROLS ON HIGH PER-
FORMANCE COMPUTERS.
Subtitle B of Title XII of Division A (Sections 1211–
1215) of the National Defense Authorization Act for Fis-
cal Year 1998 (Public Law 105–85, 111 Stat. 1932) is
repealed.
SEC. 807. REPEAL OF REQUIREMENT TO TRANSFER TAC-
TICAL AIRLIFT MISSION TO RESERVE COMPO-
NENTS.
Section 1438 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1689), as amended by section 1023 of the National De-
fense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102–190; 105 Stat. 1460), is repealed.
SEC. 808. CODIFICATION OF PROVISIONS PERTAINING TO
GEORGE C. MARSHALL EUROPEAN CENTER
FOR 
SECURITY 
STUDIES; 
WAIVER 
OF
CHARGES FOR CERTAIN PARTICIPANTS OF
THE ASIA PACIFIC CENTER.
(a) IN GENERAL.—(1) Chapter 134 of title 10,
United States Code is amended by adding at the end the
following new section:
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‘‘§ 2256. George C. Marshall European Center for Se-
curity Studies and Asia Pacific Center for
Security Studies
‘‘(a) USE OF CONTRIBUTIONS.—Funds received by
the United States Government from the Federal Republic
of Germany as its fair share of the costs of the George
C. Marshall European Center for Security Studies shall
be credited to appropriations available to the Department
of Defense for the George C. Marshall European Center
for Security Studies. Funds so credited shall be merged
with the appropriations to which credited and shall be
available for the Center for the same purposes and the
same period as the appropriations with which merged.
‘‘(b) WAIVER OF CHARGES.—(1) The Secretary of
Defense may waive reimbursement of the costs of con-
ferences, seminars, courses of instruction, or similar edu-
cational activities of the George C. Marshall European
Center for Security Studies for military officers and civil-
ian officials of cooperation partner states of the North At-
lantic Cooperation Council or the Partnership for Peace
if the Secretary determines that attendance by such per-
sonnel without reimbursement is in the national security
interest of the United States.
‘‘(2) The Secretary of Defense may waive reimburse-
ment of the costs of conferences, seminars, courses of in-
struction, or similar educational activities of the Asia Pa-
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cific Center for Security Studies for military officers and
civilian officials of foreign nations of the Asia Pacific Re-
gion if the Secretary determines that attendance by such
personnel, without reimbursement, is in the national secu-
rity interest of the United States.
‘‘(3) Costs for which reimbursement is waived pursu-
ant to paragraphs (1) and (2) shall be paid from appro-
priations available for each Center.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2256. George C. Marshall European Center for Security Studies and Asia Pa-
cific Center for Security Studies.’’.
(b) REPEAL OF SUPERSEDED PROVISION RELATING
TO GEORGE C. MARSHALL CENTER.—Section 1306 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103–337; 108 Stat. 2892) is repealed.
Subtitle B—Department of Defense
Personnel Management
SEC. 811. DEMONSTRATION PROJECT RELATING TO CER-
TAIN PERSONNEL MANAGEMENT POLICIES
AND PROCEDURES OF THE DEFENSE COM-
MISSARY AGENCY.
(a) COMMENCEMENT.—The Secretary of Defense is
encouraged and authorized to take such steps as may be
necessary to provide for the commencement of a dem-
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onstration project, the purpose of which would be to deter-
mine the feasibility or desirability of one or more proposals
for improving the personnel management policies or proce-
dures that apply with respect to the Defense Commissary
Agency.
(b) TERMS AND CONDITIONS.—(1) IN GENERAL.—
Except as otherwise provided in this subsection, any dem-
onstration project described in subsection (a) shall be sub-
ject to section 4703 of title 5, United States Code, and
all other provisions of such title that apply with respect
to any demonstration project under such section.
(2) EXCEPTIONS.—Subject to paragraph (3), in ap-
plying section 4703 of title 5, United States Code, with
respect to a demonstration project described in subsection
(a)—
(A) subsection (b)(3) shall be disregarded;
(B) ‘‘180 days’’ in subsection (b)(4) of such
section shall be deemed to read ‘‘30 days’’;
(C) ‘‘90 days’’ in subsection (b)(6) of such sec-
tion shall be deemed to read ‘‘30 days’’;
(D) subsection (c)(1) shall be deemed to read
as follows:
‘‘(1) subchapter V of chapter 63 or subpart G
of part II of this title’’;
(E) subsection (d) shall be disregarded; and
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(F) subsection (f) shall be disregarded and, in
lieu thereof, subsection (c) of this section shall
apply.
(3) CONDITION.—Paragraph (2) shall not apply with
respect to a demonstration project unless it—
(A) involves only the workforce of the Defense
Commissary Agency (or any part thereof); and
(B) commences during the 3-year period begin-
ning on the date of the enactment of this Act.
(c) PARTNERSHIP WITH UNIONS.—
(1) Except as provided in paragraph (2) em-
ployees within a unit to which a labor organization
is accorded exclusive recognition under chapter 71 of
title 5, United States Code, shall not be subject to
any of the flexibilities contained in a demonstration
project authorized under this section unless the ex-
clusive representative and the Defense Commissary
Agency have entered into a written agreement which
specifically provides for the exercise of that flexibil-
ity.
(2) Notwithstanding paragraph (1)—
(A) if the exercise of any flexibility pro-
vided by the demonstration project would affect
employees who are in more than one bargaining
unit affiliated with the same national labor or-
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ganization and who are covered by more than
one collective bargaining agreement, such flexi-
bility may be exercised if there is a written
agreement permitting such exercise between the
Defense Commissary Agency and the national
labor organization; and
(B) if the exercise of any flexibility pro-
vided by the demonstration project would affect
employees who are in more than one bargaining
unit and whose exclusive representatives are af-
filiated with more than one national labor orga-
nization, such flexibility may be exercised if
there is a written agreement permitting such
exercise between the Defense Commissary
Agency and all of such national labor organiza-
tions.
(3) The written agreements referred to in para-
graphs (1) and (2) may not be imposed by the Fed-
eral Services Impasses Panel under section 7119 of
title 5, United States Code.
SEC. 812. EMPLOYMENT PREFERENCE PROGRAM FOR MILI-
TARY SPOUSES.
Section 1792 of title 10, United States Code, is
amended—
(1) by striking out subsection (d); and
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(2) by redesignating subsection (e) as sub-
section (d).
SEC. 813. PRESERVATION OF CIVIL SERVICE RIGHTS FOR
EMPLOYEES OF THE FORMER DEFENSE MAP-
PING AGENCY.
Notwithstanding section 1612 of title 10, United
States Code, the provisions of subchapters II and IV (sec-
tions 7511 through 7514 and sections 7531 through 7533,
respectively) of chapter 75 of title 5, United States Code,
continue to apply, for as long as the employee continues
to serve as a Department of Defense employee in the Na-
tional Imagery and Mapping Agency without a break in
service, to each of those former Defense Mapping Agency
employees who occupied positions established under title
5, United States Code, and who on October 1, 1996, be-
came employees of the National Imagery and Mapping
Agency under paragraph 1601(a)(1) of title 10, United
States Code pursuant to Title XI of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2675, et seq.) and for whom the provisions
of chapter 75 of title 5, United States Code, applied before
October 1, 1996. Such an employee, at any time, may elect
to waive the provisions of this section, in which case such
waiver shall be permanent as to that employee.
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SEC. 814. CLARIFICATION OF DEFENSE CIVILIAN PERSON-
NEL SYSTEM POSITIONS.
(a) AUTHORITY FOR SENIOR DOD INTELLIGENCE
POSITIONS.—Section 1601(a)(1) of title 10, United States
Code, is amended to read as follows:
‘‘(1) establish, as positions in the excepted serv-
ice, such defense intelligence positions in the Depart-
ment of Defense as the Secretary of Defense deter-
mines necessary to carry out the intelligence func-
tions of the Department including—
‘‘(A) Intelligence Senior Level positions
designated under section 1607 of this title; and
‘‘(B) positions in the Defense Intelligence
Senior Executive Service;’’.
(b) CONFORMING DEFINITION FOR DEFENSE INTEL-
LIGENCE POSITION.—Subsection 1614 of such title 10 is
amended to read as follows:
‘‘(1) The term ‘defense intelligence position’
means a civilian position as an intelligence officer or
intelligence employee of the Department of De-
fense.’’.
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SEC. 815. MODIFICATION TO MANAGEMENT TRAINING PRO-
GRAM IN JAPANESE LANGUAGE AND CUL-
TURE.
Section 2198 of title 10, United States Code, is
amended in subsections (a) and (b) by striking ‘‘shall’’ and
inserting in lieu thereof ‘‘may’’.
SEC. 816. EXPERIMENTAL PERSONNEL AUTHORITY—DE-
FENSE 
ADVANCED 
RESEARCH 
PROJECTS
AGENCY.
(a) AUTHORITY.—In order to facilitate the conduct
of research and development through the Defense Ad-
vanced Research Projects Agency, the Secretary of De-
fense is authorized to—
(1) appoint, notwithstanding any other provi-
sion of title 5, United States Code, for appointment
or classification, up to 20 scientific and engineering
personnel, and fix their compensation, notwithstand-
ing any other provision of law, at a rate not exceed-
ing the maximum rate for a Senior Level salary;
(2) provide by regulation for a system of addi-
tional payments for the positions in (a)(1) which is
described in (d)(2).
(b) TERM AND REPORTS.—The authority of this sec-
tion to make appointments shall terminate five years from
the date of enactment. The Secretary of Defense shall re-
port annually for the five years after the date of enactment
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of this Act to the Committee of Armed Services of the
United States Senate and the Committee on National Se-
curity of the House of Representatives on the use of au-
thorities under this section.
(c) DEFINITIONS.—As used in this section—
(1) ‘‘Agency’’ means the Defense Advanced Re-
search Projects Agency.
(2) ‘‘Senior Level salary’’ means a pay rate set
in accordance with section 5376, title 5, United
States Code.
(d) PROCEDURES.—In exercising the authorities
under this section the following procedures apply:
(1) Excepted service appointments pursuant to
subsection (a)(1) of this section are limited to four
years, except that upon a determination by the Sec-
retary of Defense or his designee that such action is
necessary to promote the efficiency of the agency,
such appointment may be extended for up to two ad-
ditional years;
(2) Regulations governing additional payments
made pursuant to subsection (a)(2) shall limit such
payments to $25,000 per year, or 25 percent of sal-
ary, per person per year, as long as total compensa-
tion does not exceed the limit established by section
5307 of title 5. Such payments will be made for the
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purpose of creating a compensation package allowing
for the recruitment and retention of highly qualified
personnel.
TITLE IX—GENERAL
PROVISIONS
Subtitle A—Financial Matters
SEC. 901. REPEAL OF REQUIREMENT FOR SEPARATE BUDG-
ET REQUEST FOR PROCUREMENT OF RE-
SERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is re-
pealed.
SEC. 902. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG-
ET CYCLE FOR THE DEPARTMENT OF DE-
FENSE.
Section 1405 of the Department of Defense Author-
ization Act, 1986 (31 U.S.C. 1105 note) is repealed.
SEC. 903. CHEMICAL STOCKPILE EMERGENCY PREPARED-
NESS PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 1412(c)
of the Department of Defense Authorization Act, 1986
(Public Law 99–145) (50 U.S.C. 1521), is amended by
adding at the end the following:
‘‘(4)(A) The Director of the Federal Emergency
Management Agency shall administer a program to
provide off-post emergency preparedness required to
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protect the public around installations where lethal
chemical agents and munitions are stored in the con-
tinental United States from risks that may be identi-
fied by the Secretary;
‘‘(B) The Director shall assist States in devel-
oping offsite emergency response capabilities nec-
essary for operation and maintenance of the facili-
ties identified in subsection (c)(1)(B);
‘‘(C) The Director may make grants to State
and local governments for the purposes of this sub-
section.
‘‘(D) The Director may establish an incentive
program to encourage State and local governments
to achieve early, efficient, and cost-effective attain-
ment of the level of emergency preparedness re-
quired under this subsection. Under the program,
the Director may permit any State or a State’s sub-
grantee to retain a portion of a grant made under
paragraph (C) that represents cost savings realized
by the State or subgrantee because of early comple-
tion of program objectives. Amounts retained by any
State or subgrantee shall not exceed $100,000 in
any fiscal year and shall be available for any pur-
pose determined by the State or subgrantee.
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‘‘(E) The Director shall report annually to Con-
gress on the activities carried out under this sub-
section.
(b) PROGRAM
FUNDING.—Section 1412(f) (50
U.S.C. 1521(f)) of such Act is amended—
(1) by striking ‘‘IDENTIFICATION OF FUNDS.—
Funds’’ 
and 
inserting 
in 
lieu 
thereof
‘‘IDENTIFICATION OF FUNDS.—(1) Funds’’;
(2) by inserting ‘‘(other than funds for carrying
out the program established in subsection (c)(4))’’
after ‘‘Funds for carrying out this section’’;
(3) by striking the second sentence; and
(4) by adding at the end the following:
‘‘(2) Funds appropriated for carrying out the
program established in subsection (c)(4) shall be set
out in a separate defense-related activities program
account for the Federal Emergency Management
Agency for any fiscal year under the national de-
fense function (function 050) of the Budget of the
United States.’’.
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SEC. 904. AUTHORITY TO MOVE FUNDS FOR COMBATING
TERRORISM SUPPORT TO MILITARY OPER-
ATIONS.
(a) IN GENERAL.—Chapter 6 of title 10, United
States Code, is amended by inserting after section 166a
the following new section:
‘‘§ 166b. Combatant commands: funding for combat-
ing terrorism support
‘‘From funds made available in any fiscal year to the
Chairman of the Joint Chiefs of Staff for combating ter-
rorism under the ‘Operation and Maintenance, Defense-
Wide’ account and the ‘Procurement, Defense-Wide’ ac-
count, the Secretary of Defense may transfer funds be-
tween such accounts in such amounts as may be necessary
to meet unanticipated, critical requirements for combating
terrorism or for force protection.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such chapter 6 is amended by inserting after the item
relating to section 166a, the following new item:
‘‘166b. Combatant commands: funding for combating terrorism support.’’.
SEC. 905. TRANSFER OF FUNDS: PROCEDURE AND LIMITA-
TIONS.
Section 2214 of title 10, United States Code, is
amended—
(1) by redesignating subsections (b), (c), and
(d) as subsections (c), (d), and (e), respectively; and
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(2) by inserting after subsection (a) the follow-
ing new subsection (b):
‘‘(b) LIMITED TRANSFER AUTHORITY WITHIN AC-
QUISITION PROGRAMS.—The Secretary of Defense, with
the approval of the Office of Management and Budget,
may transfer funds between investment appropriations of
the Department of Defense (the various procurement ap-
propriations and the various research, development, and
test and evaluation programs of the Department of De-
fense) within acquisition category I and II programs or
clearly defined groups of associated acquisition programs
not to exceed $500,000,000 per year and $20,000,000 per
acquisition program. The Secretary of Defense may dele-
gate this authority no lower than the milestone decision
authority as designated by the Under Secretary of Defense
(Comptroller).’’.
SEC. 906. BALLISTIC MISSILE DEFENSE PROGRAM ELE-
MENTS.
(a) ELEMENTS SPECIFIED.—In the Budget justifica-
tion materials submitted to Congress in support of the De-
partment of Defense budget for any fiscal year after fiscal
year 1999 (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code),
the amount requested for activities of the Ballistic Missile
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Defense Organization shall be set forth in accordance with
the following Program Elements:
(1) The Patriot system.
(2) The Navy Area system.
(3) The Theater High-Altitude Area Defense
system.
(4) The Navy Theater Wide system.
(5) The Medium Extended Air Defense System.
(6) Joint Theater Missile Defense.
(7) National Missile Defense.
(8) Support Technologies.
(9) Family of Systems Engineering and Inte-
gration.
(10) Ballistic Missile Defense Technical Oper-
ations.
(11) Threat and Countermeasures.
(12) International Cooperative Programs.
(b) TREATMENT OF BALLISTIC MISSILE DEFENSE
MAJOR DEFENSE ACQUISITION PROGRAMS.—Amounts re-
quested for Theater and National Missile Defense Major
Defense Acquisition Programs shall be specified in individ-
ual dedicated program elements, and amounts appro-
priated for such programs shall be available only for Bal-
listic Missile Defense activities.
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(c) MANAGEMENT
AND SUPPORT.—Program Ele-
ments shall include requests for the amounts necessary for
the management and support of the programs, projects,
and activities contained in that program element.
SEC. 907. TRANSFER OF FUNDS RELATED TO THE EXECU-
TION OF MILITARY FAMILY HOUSING PRIVAT-
IZATION PROJECTS.
(a) TRANSFER AUTHORITY.—In such amounts as
provided in advance in appropriation Acts, the Secretary
of Defense may transfer amounts for military housing
from amounts appropriated therefor to the Department in
Operations and Maintenance accounts, to Military Person-
nel accounts.
(b) NOTICE REQUIREMENT.—A transfer of appro-
priated amounts under subsection (a) may be made only
after the end of the 30-day period beginning on the date
the Secretary of Defense submits written notice of, and
justification for, the transfer to the appropriate commit-
tees of Congress.
SEC. 908. CLARIFICATION OF THE PROPER CHARGES TO
MILITARY CONSTRUCTION DESIGN FUNDS.
Section 2807 of title 10, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘in connection
with military construction projects not otherwise au-
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thorized by law.’’ and inserting in lieu thereof ‘‘, re-
gardless of the intended acquisition approach, in
connection with any military construction or military
family housing project otherwise, or not otherwise,
authorized by law.’’; and
(2) in subsection (d) by striking ‘‘study, plan-
ning, design, architectural and engineering services’’
and inserting in lieu thereof: ‘‘architectural and en-
gineering services and construction design’’.
SEC. 909. PAYMENT OF FOREIGN LICENSING FEES FROM
THE PROCEEDS RECEIVED FROM THE SALE
OF 
MAPS, 
CHARTS, 
AND 
NAVIGATIONAL
BOOKS.
Section 451 of title 10, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following new
paragraph (3):
‘‘(3) pay licensing or other fees to foreign coun-
tries or international organizations for the acquisi-
tion or use of data or products to be paid for from
the proceeds of the public sales of such data or prod-
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ucts. All amounts in excess of the licensing or other
fees shall be deposited by the Secretary in the
Treasury as miscellaneous receipts.’’.
SEC. 910. FEES AT MILITARY HISTORY INSTITUTES.
(a) ARMY.—Chapter 437 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 4595. United States Army Military History Insti-
tute: retention of fees
‘‘(a) AUTHORITY.—The Secretary of the Army may
charge and retain fees received for providing historical in-
formation from the United States Army Military History
Institute to public requesters.
‘‘(b) RETENTION OF FEES.—Monies received by the
United States Army Military History Institute under sub-
section (a) shall be retained by the Secretary and shall
be available to offset the cost of providing historical infor-
mation.
‘‘(c) EXCLUSION.—This section shall not apply to
records made available to the public under section 552 of
title 5, United States Code.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘United States Army Military In-
stitute’ means the Army’s primary archive for his-
torical records and materials.
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(f) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter 937 is amended by adding
at the end the following new item:
‘‘9594. United States Air Force Military History Institute: retention of fees.’’.
Subtitle B—Miscellaneous Report
Requirements and Repeals
SEC. 911. REPEAL OF OBSOLETE REPORTING REQUIRE-
MENT.
Section 1002(d) of the Department of Defense Au-
thorization Act, 1985 (Public Law 98–525; 98 Stat.
2576), concerning an annual report to Congress regarding
the NATO conventional defense assessment of allied per-
formance in selected improvement areas, is hereby re-
pealed.
SEC. 912. REPEAL OF REPORT ON NATO CONVENTIONAL
DEFENSE CAPABILITIES
Section 1002(d) of the Department of Defense Au-
thorization Act, 1985 (Public Law 98–525; 98 Stat. 2575;
22 U.S.C. 1928 note) is amended—
(1) by striking subsection (d), and
(2) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
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SEC. 913. REPEAL OF OUTDATED REPORTS ON ALLIED
BURDENSHARING.
Section 1003 of the Department of Defense Author-
ization Act, 1985 (Public Law 98–525; 98 Stat. 2577) is
amended by striking subsection (c) and subsection (d).
SEC. 914. REPEAL OF REPORTING REQUIREMENTS RELAT-
ING TO TRAINING OF SPECIAL OPERATIONS
FORCES WITH FRIENDLY FOREIGN FORCES.
Section 2011 of title 10, United States Code, is
amended by striking subsection (e).
SEC. 915. REPEAL OF ANNUAL REPORT ON THE DEFENSE
BUSINESS OPERATIONS FUND.
Section 2216a(h) of title 10, United States Code, is
amended—
(1) by striking subsection (h), and
(2) by redesignating subsection (i) as subsection
(h).
SEC. 916. REPEAL OF ANNUAL REPORT ON USE OF AU-
THORITY BY THE DEFENSE CONTRACT AUDIT
AGENCY TO SUBPOENA RECORDS OF DE-
FENSE CONTRACTORS.
Section 2313(b) of title 10, United States Code, is
amended by striking paragraph (4).
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SEC. 917. REPEAL OF REPORT ON USE OF FUNDS RECEIVED
FROM THE LEASE OF NON-EXCESS PROP-
ERTY.
Section 2667(d) of title 10, United States Code, is
amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
SEC. 918. REPEAL OF STUDIES AND REPORTS ON DEM-
ONSTRATION PROJECTS FOR DELIVERY OF
HEALTH CARE.
Section 1092(a) of title 10, United States Code, is
amended by striking ‘‘every six months’’ and inserting in
lieu thereof ‘‘every year’’.
SEC. 920. REPEAL OF COMMISSION REPORT ON ALTER-
NATIVE UTILIZATION OF MILITARY FACILI-
TIES.
Section 2819 of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.
2119; 10 U.S.C. 2391 note) is repealed.
SEC. 921. REPEAL OF REPORT ON PROPOSED CONTRACT
FOR SALE OF GREGG CIRCLE AREA, FORT
JACKSON, SOUTH CAROLINA.
Section 840 of the Military Construction Authoriza-
tion Act, 1986 (Public Law 99–167; 99 Stat. 997) is
amended—
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(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g),
and (h) as subsections (d), (e), (f), and (g), respec-
tively.
SEC. 922. EXCEPTIONS FROM REPORTING REQUIREMENTS
FOR EMERGENCY REAL PROPERTY TRANS-
ACTIONS.
(a) IN GENERAL.—Section 2662 of title 10, United
States Code, is amended by adding at the end the follow-
ing new subsections:
‘‘(g) EXCEPTION FOR DECLARATION OF WAR OR
EMERGENCY, PROCLAMATION TO DISPERSE, OR CONTIN-
GENCY OPERATION.—Subsections (a) and (e) shall not
apply to any real property transaction made in connection
with—
‘‘(1) a declaration of war;
‘‘(2) a declaration of a national emergency by
the President pursuant to the National Emergencies
Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);
‘‘(3) a declaration of an emergency or a major
disaster pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1974 (Pub-
lic Law 93–228, as amended by Public Law 100–
707; 42 U.S.C. 5121 et seq.);
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‘‘(4) the use of the militia or the armed forces,
or both, after a proclamation to disperse under sec-
tion 334 of this title; or
‘‘(5) a contingency operation.
‘‘(h) EXCEPTION.—The Secretary concerned may
enter into any real property transaction listed in sub-
section (a) without submitting a report required under
such subsection when the Secretary determines that an
event specified in subsection (g) is imminent and it is nec-
essary to prepare for the event prior to the event occur-
ring.
‘‘(i) REPORT ON EXCEPTION.—The Secretary con-
cerned shall submit a report to the congressional commit-
tees named in subsection (a) not later than 30 days after
entering into a transaction that, but for subsection (g) or
(h), would require a report under subsection (a) or (e).’’.
(b) CONFORMING AMENDMENT.—Subsection (a) of
such section is amended by striking ‘‘(a) The Secretary’’
and inserting in lieu thereof ‘‘(a) TRANSACTIONAL RE-
PORTING REQUIREMENTS.—Except as provided in sub-
sections (g) and (h), the Secretary’’.
(c) CLERICAL AMENDMENTS.—(1) Subsection (b) of
such section is amended by striking ‘‘(b) The Secretary
of’’ and inserting in lieu thereof ‘‘(b) ANNUAL REPORT.—
The Secretary of ’’.
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(2) Subsection (c) of such section is amended by
striking ‘‘(c) This section applies’’ and inserting in lieu
thereof ‘‘(c) APPLICABILITY.—This section applies’’.
(3) Subsection (d) of such section is amended by
striking ‘‘(d) A statement’’ and inserting in lieu thereof
‘‘(d) EFFECT OF STATEMENT OF COMPLIANCE.—A state-
ment’’.
(4) Subsection (e) of such section is amended by
striking ‘‘(e) No element’’ and inserting in lieu thereof
‘‘(e) OCCUPANCY OF GSA LEASED SPACE.—No element’’.
(5) Subsection (f) of such section is amended by
striking ‘‘(f) Whenever’’ and inserting in lieu thereof ‘‘(f)
REPORT ON TRANSACTION INVOLVING AN INTELLIGENCE
COMPONENT.—Whenever’’.
SEC. 923. REPEAL OF NOTIFICATION REQUIREMENTS RE-
LATING TO INSPECTOR GENERAL INVESTIGA-
TIONS.
Section 1034 of title 10, United States Code, is
amended—
(1) by striking subsection (e)(3),
(2) by redesignating subsection (e)(4) as sub-
section (e)(3),
(3) by striking subsection (h), and
(4) by redesignating subsections (i) and (j) as
subsections (h) and (i), respectively.
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SEC. 924. REPEAL OF REPORTING OF CERTAIN ELEMENTS
OF OVERSEAS BASING COSTS.
Section 8125 of the Department of Defense Appro-
priations Act, 1989 (Public Law 100–463; 102 Stat.
2270–42) (10 U.S.C. 113 note) is amended—
(1) by striking subsection (g); and
(2) in subsection (h), by striking ‘‘subsections
(f) and (g)’’ and inserting in lieu thereof ‘‘subsection
(f)’’.
SEC. 925. INFLATION ADJUSTMENT TO NOTIFICATION RE-
QUIREMENT FOR ARCHITECTURAL AND EN-
GINEERING SERVICES AND CONSTRUCTION
DESIGN CONTRACT.
Section 2807 (b) of title 10, United States Code, is
amended by striking ‘‘$300,000’’ and inserting in lieu
thereof ‘‘$500,000’’.
Subtitle C—Matters Relating to
Terrorism
SEC. 931. AUTHORITY TO PURCHASE NONTACTICAL AR-
MORED PASSENGER VEHICLES UNDER EMER-
GENCY SITUATIONS FOR COMBATING TER-
RORISM AND MILITARY FORCE PROTECTION
SUPPORT.
Section 2253(a) of title 10, United States Code, is
amended—
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(1) by inserting ‘‘, the Chairman, Joint Chiefs
of Staff,’’ after ‘‘The Secretary of Defense’’
(2) by striking ‘‘and’’ at the end of paragraph
(1);
(3) by striking the period at the end of para-
graph (2) and inserting in lieu thereof ‘‘; and’’; and
(4) by adding at the end the following new
paragraph (3):
‘‘(3) purchase nontactical armored passenger
vehicles under emergency situations for combating
terrorism and military force protection support not-
withstanding section 1343 of title 31, United States
Code.’’.
SEC. 932. MAINTENANCE AND OPERATION OF EQUIPMENT
FOR COUNTERTERRORISM.
Section 374 of title 10, United States Code, is
amended—
(1) in subsection (b)(1)(A), by striking ‘‘or’’;
(2) in subsection (b)(1)(B), by striking the pe-
riod at the end, inserting in lieu thereof a semicolon
and the following new subparagraphs:
‘‘(C) a foreign or domestic counter-
terrorism operation; or
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‘‘(D) a rendition of a suspected terrorist
from a foreign country to the United States to
stand trial.’’;
(3) in subsection (b)(2)(F)(i)—
(A) by inserting ‘‘along with any other ci-
vilian or military personnel who are supporting,
or conducting, a joint operation with civilian
law enforcement personnel;’’ after ‘‘the trans-
portation of civilian law enforcement person-
nel’’; and
(B) by striking ‘‘and’’;
(4) in subsection (b)(2)(F)(ii)—
(A) by inserting ‘‘and supporting’’ after
‘‘the operation of a base of operations for civil-
ian law enforcement’’;
(B) by striking the period at the end and
inserting in lieu thereof ‘‘; and’’; and
(C) by inserting at the end the following
new clause:
‘‘(iii) the transportation of suspected
terrorists from foreign countries to the
United States for trial (so long as the re-
questing agency provides all security for
such transportation and maintains custody
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over the suspect through the duration of
the transportation).’’;
(5) in subsection (b)(4)(A), by striking ‘‘an’’
and inserting in lieu thereof ‘‘a Federal’’; and
(6) in subsection (b)(4)(A), by inserting ‘‘(v)
Any law, foreign or domestic, prohibiting terrorist
activities.’’ after ‘‘(iv) The Maritime Drug Law En-
forcement Act (46 U.S.C. App. 1901 et seq.).’’.
Subtitle D—Matters Relating to
Counter Drug Operations
SEC. 
941. 
DEPARTMENT 
OF 
DEFENSE 
SUPPORT 
FOR
COUNTER-DRUG ACTIVITIES.
Section 1004 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amend-
ed—
(1) in subsection (a) by striking ‘‘through
1999’’ and inserting in lieu thereof ‘‘through 2004’’;
(2) in paragraph (b)(4) by inserting ‘‘Depart-
ment of Defense or any Federal, State, local, or for-
eign law enforcement agency’’ after ‘‘facilitating’’;
(3) by redesignating subsection ‘‘(g)’’ as sub-
section ‘‘(h)’’; and
(4) by inserting after subsection ‘‘(f)’’ the fol-
lowing new subsection ‘‘(g)’’.
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‘‘(g) OUTREACH PROGRAMS.—(1) The Secretary of
Defense may conduct domestic outreach programs to re-
duce the demand for illegal drugs among youths. The pro-
grams may include outreach activities conducted sepa-
rately or jointly by the active and reserve components of
the armed forces.
‘‘(2) Funds available to the Department of Defense
for drug interdiction and counter-drug activities may be
used in carrying out the outreach programs described in
paragraph (1).’’.
SEC. 942. EXPANSION AND EXTENSION OF AUTHORITY TO
PROVIDE 
ADDITIONAL 
SUPPORT 
FOR
COUNTER-DRUG ACTIVITIES OF SELECTED
CARIBBEAN COUNTRIES.
(a) IN GENERAL.—Section 1031 of the National De-
fense Authorization Act for Fiscal Year 1997 (Public Law
104–201; 110 Stat. 2637), as amended, is further amend-
ed—
(1) in the catchline by striking ‘‘Mexico’’ and
inserting in lieu thereof ‘‘selected Caribbean coun-
tries.’’;
(2) in subsection (a)—
(A) by striking ‘‘during fiscal year 1997’’
and inserting in lieu thereof ‘‘during fiscal
years 1999 through 2004’’;
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(B) by striking ‘‘Government of Mexico’’ in
each place it appears in the subsection and in-
serting in lieu thereof in each instance ‘‘selected
Caribbean countries’’;
(C) by inserting at the end of the sub-
section the following new sentence: ‘‘For the
purposes of this section, the term ‘selected Car-
ibbean countries’ includes the Commonwealth of
the Bahamas, the Dominican Republic, Haiti,
Jamaica, Trinidad and Tobago, Grenada, Saint
Vincent and the Grenadines, Barbados, Saint
Lucia, Dominica, Antigua and Barbuda, and
Saint Christopher and Nevis.’’;
(3) in paragraph (b)(2)—
(A) by striking ‘‘nonlethal’’;
(B) by redesignating subparagraph (F) as
subparagraph (G) and in the subparagraph (G),
as so redesignated, by striking ‘‘subparagraphs
(A), (B), (C), (D), and (E)’’ and inserting in
lieu thereof ‘‘subparagraphs (A), (B), (C), (D),
(E) and (F)’’; and
(C) by inserting after paragraph (E) the
following new paragraph (F):
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‘‘(F) Boats suitable for Caribbean counter-
drug operations along with associated systems,
services, and communications suites.’’;
(4) in paragraph (b)(4) by striking ‘‘Mexico’’
and inserting in lieu thereof ‘‘selected Caribbean
countries.’’;
(5) in subsection (b) by adding at the end the
following new paragraph (5):
‘‘(5) For selected Caribbean countries, oper-
ation and maintenance support to utilize the support
provided in subsection (b) for the counter-drug ac-
tivities of the receiving Government’’.;
(6) in subsection (d) by striking ‘‘$8,000,000’’
and inserting in lieu thereof ‘‘$8,500,000’’;
(7) in subsection (d) by striking the last two
sentences;
(8) in paragraph (e)(2) by striking ‘‘Govern-
ment of Mexico’’ each place it appears in the para-
graph and inserting in lieu thereof, in each instance,
‘‘receiving Government’’.
(9) in subparagraph (e)(2)(B) by inserting ‘‘the
functional equivalent of’’ after ‘‘undergone’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 1031 as depicted in subtitle C of title X of the
table of contents for such Act (Public Law 104–201; 110
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Stat. 2430) is amended by striking ‘‘Mexico’’ and insert-
ing in lieu thereof ‘‘selected Caribbean countries.’’.
Subtitle E—Other Matters
SEC. 951. DEFINITION OF FINANCIAL INSTITUTIONS FOR
DIRECT DEPOSIT OF PAY.
(a) MILITARY EMPLOYEES REIMBURSEMENT
FOR
ERRORS.—Section 1053(d)(1) of title 10, United States
Code, is amended to read as follows:
‘‘(d)(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 EMPLOYEES REIMBURSEMENT
FOR
ERROR.—Section 1594(d)(1) of title 10, United States
Code, is amended to read as follows:
‘‘(d)(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. 952. RELEASE OF DRUG TEST RESULTS OF CIVIL
SERVICE MARINERS OF THE MILITARY SEA-
LIFT COMMAND.
Section 503(e) of the Supplemental Appropriations
Act, 1987 (5 U.S.C. 7301 note) is amended by adding at
the end the following new paragraph:
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‘‘(5) Notwithstanding paragraphs (1) through
(4) of this subsection, to the extent similar submis-
sions are required from commercial vessel operators,
drug testing results of Civil Service Mariners of the
Military Sea Lift Command may be released to the
United States Coast Guard.’’.
SEC. 953. DISPOSITION OF COLLECTIONS RECOVERED
FROM CLAIMS AGAINST THIRD PARTIES FOR
LOSS OR DAMAGE TO PERSONAL PROP-
ERTIES OR STORED AT GOVERNMENT EX-
PENSE.
(a) IN GENERAL.—Chapter 163 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2739. Disposition of amounts recovered from
claims against third parties for loss or
damage to personal property shipped or
stored at government expense
‘‘All amounts that the military claims services col-
lected from third parties under the authority of sections
3711, 3716, 3717 and 3721 of title 31, United States
Code, as a result of claims the services have paid to the
owners of personal property for loss or damage to their
property while it was being shipped or stored at govern-
ment expense, shall be credited to the appropriation from
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which claims may be paid for the year such amounts are
received.’’; and
(b) CLERICAL AMENDMENT.—The table of sections
for such chapter is amended by adding at the end the fol-
lowing new item:
‘‘2739. Disposition of amounts recovered from claims against third parties for
loss or damage to personal property shipped or stored at gov-
ernment expense.’’.
SEC. 
954. 
TRANSPORTATION 
OF 
POLYCHLORINATED
BIPHENYLS.
(a) IN GENERAL.—Chapter 141 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2410o. 
Transportation 
of 
polychlorinated
biphenyls
‘‘Notwithstanding any other provision of law or regu-
lation, polychlorinated biphenyls which are located outside
of the customs territory of the United States and which
are in the possession and control of the United States may
be imported for disposal in the customs territory of the
United States. Disposal, treatment, or storage of such pol-
ychlorinated biphenyls within the customs territory of the
United States shall be governed by the Toxic Substances
Control Act.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning is amended by adding at the end the fol-
lowing new item:
‘‘2410o. Transportation of Polychlorinated Biphenyls.’’.
SEC. 955. RENTAL OF ARMY FAMILY HOUSING IN ITALY
AND KOREA.
Section 2828(e)(2) of title 10, United States Code,
is amended to read as follows:
‘‘(2) In addition to the 450 units of family
housing referred to in paragraph (1) for which the
maximum lease amount is $25,000 per unit per
year—
‘‘(A) the Secretary of the Navy may lease
not more than 2,000 units of family housing in
Italy subject to that maximum lease amount;
and
‘‘(B) the Secretary of the Army may lease
not more than 500 units of family housing in
Italy and not more than 800 units of family
housing in Korea subject to that maximum
lease amount.’’.
SEC. 956. PILOT PROGRAM ON SEPARATE NOTICE BY FED-
ERAL AGENCY PRIOR TO GARNISHMENT FOR
CHILD SUPPORT AND ALIMONY.
(a) IN GENERAL.—The Secretary of Defense may
conduct a pilot program in which the Secretary’s agent
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for purposes of providing notice and taking action to en-
force obligations for child support and alimony under sec-
tion 459 of the Social Security Act (42 U.S.C. 659) would
be exempt from providing ‘‘a copy of the notice or service’’
as required by subparagraph 459(c)(2)(A) of such Act.
(b) REQUIREMENTS.—The notice to the individual
shall comply with all provisions of law except for the provi-
sion of a copy of the notice or service noted in subsection
(a), shall be in writing, and shall describe the pertinent
court order, notice to withhold, or other order or process
received by the Secretary’s agent to enforce child support
and alimony obligations. Such information also shall in-
clude the identity of the court or judicial forum ordering
the support obligation, the case number, the amount of
the obligation, and the name of the beneficiary. The notice
also shall contain an address and telephone number where
a copy of the notice or service may be obtained upon the
request of an individual.
(c) REPORT.—The Secretary shall submit a report to
the Speaker of the House of Representatives and the
President of the Senate describing the program. Such re-
port shall be provided by April 1, 2001 and shall include
the number of notices provided during the period of the
pilot program; the number of individuals who requested
copies of the actual notice or service; and any complaints
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the Secretary or his agent may receive by not providing
the actual notice or service.
(d) PERIOD OF PILOT PROGRAM.—The pilot program
shall begin within 90 days of the enactment of this Act
and shall remain in effect through September 30, 2000.
SEC. 957. LONG-TERM CHARTER OF THREE VESSELS IN
SUPPORT OF SUBMARINE RESCUE, ESCORT,
AND TOWING.
The Secretary of the Navy may to enter into a long-
term charter or into long-term charters, in accordance
with section 2401 of title 10, United States Code, for
three vessels (CAROLYN CHOUEST, United States offi-
cial number D102057; KELLIE CHOUEST, United
States 
official 
number 
D1038519; 
DOLORES
CHOUEST, United States official number D600288) to
support the rescue, escort, and towing of submarines.
Æ