(3) SIMPLIFIED
ACQUISITION
PROCEDURES.—
The CLASS Demonstration Program shall make use
of simplified acquisition procedures similar to those
provided in section 2304(g)(1)(A) of title 10, United
States Code.
(4) PRICING.—The test plan shall specify pricing
policies to be met by the CLASS Demonstration Pro-
gram participants. The pricing policies shall reflect
the following:
(A) Domestic pricing shall be based on the
contemporary Household Goods Carriers Com-
mercial Tariff 400–M, or subsequent reissues
thereof, applicable to commercial domestic ship-
ments with discounts and adjustments for States
outside the continental United States.
(B) So-called single factor rates for inter-
national shipments.
(C) Full value protection for a shipment
based on the actual cash value of the contents of
the shipment with liability limited on a per
pound basis as well as a total-value basis.
(5) ALLOCATION OF ORDERS.—Orders to provide
personal property shipping services shall be allocated
by the appropriate Installation Transportation Offi-
cer taking into consideration—
(A) the service provider’s best value CLASS
score;
(B) maximum practicable utilization of
small business service providers;
(C) exceptional performance of a CLASS
Demonstration Program participant; and
(D) other criteria necessary to advance the
goals of the CLASS Demonstration Program, ex-
cept that carrier selection by a member of the
Armed Forces using the CLASS Demonstration
Program shall be honored if the selection does
not conflict with subparagraph (A) or (B) and
the need to maintain adequate capacity.
(6) PERFORMANCE
EVALUATION
DURING
THE
TERM
OF
THE
DEMONSTRATION
PROGRAM.—The
CLASS Demonstration Program shall provide for
procedures for evaluation of the Demonstration Pro-
gram participants by the members of the Armed
Forces furnished personal property shipping services
and by Installation Transportation Officers. To the
maximum extent practicable, such evaluations shall
be objective and quantifiable. The program partici-
pant shall be accorded the opportunity to review and
make comment on a performance evaluation provided
by an individual in a manner that will not deter
candid evaluations by the individual. The results of
this evaluation may be used in developing future best
value CLASS scores.
(7) 
MODERN
CUSTOMER
SERVICE
TECH-
NIQUES.—The CLASS Demonstration Program shall
maximize the testing of modern customer service tech-
niques, such as in-transit tracking of shipments and
service member communication with the service pro-
vider by means of toll-free telephone numbers.
(8) 
DIRECT
CLAIMS
SETTLEMENT
TECH-
NIQUES.—The CLASS Demonstration Program shall
provide for settlement of claims for personal property
lost or damaged directly with the firm providing the
services. The procedures shall provide for—
(A) acknowledgment of a claim by the serv-
ice provider within 30 days of receipt;
(B) provision of a settlement offer within
120 days;
(C) filing of a claim within nine months,
with appropriate extensions for extenuating cir-
cumstances relating to war or national emer-
gency that impair the ability of a member of the
Armed Forces to file a timely claim; and
(D) referring of an unsettled claim by the
member of the Armed Forces to a designated
100
claims officer for assistance in resolving the
claim or seeking commercial-like arbitration of
the claim, or both, if considered appropriate by
the claims officer.
(9) CRITERIA FOR EVALUATION OF THE OVERALL
DEMONSTRATION PROGRAM.—The CLASS Demonstra-
tion Program shall include the development of criteria
to evaluate the overall performance and effectiveness
of the CLASS demonstration program.
(c) DEVELOPMENT IN COLLABORATION WITH INDUS-
TRY.—In developing the test plan, the Secretary of Defense
shall maximize collaboration with representatives of asso-
ciations that represent all segments of the affected indus-
tries. Special efforts shall be made to actively involve those
associations that represent small business providers of per-
sonal property shipping services.
(d) OPPORTUNITY FOR PUBLIC COMMENT ON PRO-
POSED TEST PLAN.—Notice of the availability of the test
plan shall be published in the Federal Register and given
by other means likely to result in the notification of eligible
service providers and associations that represent them. Cop-
ies of the proposed test plan may be made available in a
printable electronic format. The public shall be afforded 60
days to comment on the proposed test plan.
101
SEC. 385. OTHER METHODS OF PERSONAL PROPERTY SHIP-
PING.
The CLASS Demonstration Program shall not impair
the access of a member of the Armed Forces to the shipment
of personal property through the programs known as the
Do-It-Yourself Program or the Direct Procurement Method
Program.
SEC. 386. DURATION OF DEMONSTRATION PROGRAM.
The CLASS Demonstration Program shall commence
on the first day of the fiscal year quarter after the issuance
of the test plan in final form and terminate on the last
day of the fiscal year quarter after eight fiscal year quarters
of operation. The CLASS Demonstration Program shall
take the place of the re-engineering pilot solicitation of the
Military Traffic Management Command identified as
DAMTO1–97–R–3001.
SEC. 387. EVALUATION OF DEMONSTRATION PROGRAM.
(a) IN GENERAL.—The Secretary of Defense shall pro-
vide for the evaluation the CLASS Demonstration Program
throughout the term of the program pursuant to the evalua-
tion criteria included in the test plan.
(b) INTERIM REPORTS.—The Secretary of Defense
shall issue such interim reports relating to the implementa-
tion of the CLASS Demonstration Program as may be ap-
propriate.
102
(c) FINAL REPORT.—The Secretary of Defense shall
issue a final report on the CLASS Demonstration Program
within 180 days before the termination date of the program.
The report may include recommendations for further imple-
mentation of the CLASS Demonstration Program.
(d) CONGRESSIONAL RECIPIENTS.—The reports re-
quired by this section shall be furnished to the congressional
defense committees and the Committee on Small Business
of the Senate and the House of Representatives.
(e) PUBLIC AVAILABILITY.—The Secretary of Defense
shall provide public notice of the availability of copies of
the reports submitted to the congressional recipients through
a notice in the Federal Register and such other means as
may be appropriate. Copies of the reports may be made
available in a printable electronic format or in a printed
form.
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, 484,800.
(2) The Navy, 376,423.
(3) The Marine Corps, 173,922.
104
(2) by striking out ‘‘The report shall be in writ-
ing and’’ in the second sentence and inserting in lieu
thereof ‘‘The report shall be submitted each year not
later than 30 days after the date on which the budget
for the next fiscal year is transmitted to Congress
pursuant to section 1105 of title 31, shall be in writ-
ing, and’’.
SEC. 404. EXTENSION OF AUTHORITY FOR CHAIRMAN OF
THE JOINT CHIEFS OF STAFF TO DESIGNATE
UP TO 12 GENERAL AND FLAG OFFICER POSI-
TIONS TO BE EXCLUDED FROM GENERAL AND
FLAG OFFICER GRADE LIMITATIONS.
Section 526(b)(2) of title 10, United States Code, is
amended by striking out ‘‘October 1, 1998’’ and inserting
in lieu thereof ‘‘October 1, 2001’’.
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 com-
ponents as of September 30, 1999, as follows:
(1) The Army National Guard of the United
States, 357,000.
(2) The Army Reserve, 209,000.
(3) The Naval Reserve, 90,843.
(4) The Marine Corps Reserve, 40,018.
105
(5) The Air National Guard of the United
States, 106,991.
(6) The Air Force Reserve, 74,242.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
component which are on active duty (other than for
training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and
by the total number of such individual members.
106
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
as of September 30, 1999, the following number of Reserves
to be serving on full-time active duty or full-time duty, in
the case of members of the National Guard, for the purpose
of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United
States, 21,763.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 15,590.
(4) The Marine Corps Reserve, 2,362.
(5) The Air National Guard of the United
States, 10,930.
(6) The Air Force Reserve, 991.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
The minimum number of military technicians (dual
status) as of the last day of fiscal year 1999 for the reserve
components of the Army and the Air Force (notwithstand-
ing section 129 of title 10, United States Code) shall be
the following:
(1) For the Army Reserve, 5,395.
107
(2) For the Army National Guard of the United
States, 23,125.
(3) For the Air Force Reserve, 9,761.
(4) For the Air National Guard of the United
States, 22,408.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN
GRADES AUTHORIZED TO SERVE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS.—The table in section 12011(a) of title
10, United States Code, is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
Major or Lieutenant Commander ....................................................
3,219
1,071
776
140
Lieutenant Colonel or Commander .................................................
1,524
520
672
Colonel or Navy Captain .................................................................
438
188
274
30’’.
(b) SENIOR ENLISTED MEMBERS.—The table in sec-
tion 12012(a) of such title is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 .....................................................................................................
623
202
388
E–8 .....................................................................................................
2,585
429
979
94’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take efffect on October 1, 1998.
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
108
1999 a total of $70,697,086,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1999.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
SEC. 501. CODIFICATION OF ELIGIBILITY OF RETIRED OFFI-
CERS AND FORMER OFFICERS FOR CONSID-
ERATION BY SPECIAL SELECTION BOARDS.
(a) PERSONS
NOT
CONSIDERED
BY
PROMOTION
BOARDS DUE TO ADMINISTRATIVE ERROR.—Subsection (a)
of section 628 of title 10, United States Code, is amended—
(1) by striking out paragraph (1) and inserting
in lieu thereof the following:
‘‘(a) PERSONS NOT CONSIDERED
BY PROMOTION
BOARDS DUE TO ADMINISTRATIVE ERROR.—(1) If the Sec-
retary of the military department concerned determines
that because of administrative error a person who should
have been considered for selection for promotion by a pro-
motion board was not so considered, the Secretary shall con-
vene a special selection board under this subsection to deter-
mine whether that person (whether or not then on active
duty) should be recommended for promotion.’’;
109
(2) in paragraph (2), by striking out ‘‘the officer
as his record’’ in the first sentence and inserting in
lieu thereof ‘‘the person whose name was referred to
it for consideration as that record’’; and
(3) in paragraph (3), by striking out ‘‘an officer
in a grade’’ and all that follows through ‘‘the officer’’
and inserting in lieu thereof ‘‘a person whose name
was referred to it for consideration for selection for
appointment to a grade other than a general officer
or flag officer grade, the person’’.
(b) PERSONS CONSIDERED BY PROMOTION BOARDS IN
UNFAIR MANNER.—Subsection (b) of such section is amend-
ed—
(1) by striking out paragraph (1) and inserting
in lieu thereof the following:
‘‘(b) PERSONS CONSIDERED BY PROMOTION BOARDS
IN UNFAIR MANNER.—(1) If the Secretary of the military
department concerned determines, in the case of a person
who was considered for selection for promotion by a pro-
motion board but was not selected, that there was material
unfairness with respect to that person, the Secretary may
convene a special selection board under this subsection to
determine whether that person (whether or not then on ac-
tive duty) should be recommended for promotion. In order
110
to determine that there was material unfairness, the Sec-
retary must determine that—
‘‘(A) the action of the promotion board that con-
sidered the person was contrary to law or involved
material error of fact or material administrative
error; or
‘‘(B) the board did not have before it for its con-
sideration material information.’’;
(2) in paragraph (2), by striking out ‘‘the officer
as his record’’ in the first sentence and inserting in
lieu thereof ‘‘the person whose name was referred to
it for consideration as that record’’; and
(3) in paragraph (3)—
(A) by striking out ‘‘an officer’’ and insert-
ing in lieu thereof ‘‘a person’’; and
(B) by striking out ‘‘the officer’’ and insert-
ing in lieu thereof ‘‘the person’’.
(c) CONFORMING AMENDMENTS.—(1) Subsection (c) of
such section is amended—
(A) by inserting ‘‘REPORTS OF BOARDS.—’’ after
‘‘(c)’’;
(B) by striking out ‘‘officer’’ both places it ap-
pears in paragraph (1) and inserting in lieu thereof
‘‘person’’; and
111
(C) in paragraph (2), by adding the following
new sentence at the end: ‘‘However, in the case of a
board convened under this section to consider a war-
rant officer or former warrant officer, the provisions
of sections 576(d) and 576(f) of this title (rather than
the provisions of section 617(b) and 618 of this title)
apply to the report and proceedings of the board in
the same manner as they apply to the report and pro-
ceedings of a selection board convened under section
573 of this title.’’.
(2) Subsection (d)(1) of such section is amended—
(A) by inserting ‘‘APPOINTMENT
OF PERSONS
SELECTED BY BOARDS.—’’ after ‘‘(d)’’;
(B) by striking out ‘‘an officer’’ and inserting in
lieu thereof ‘‘a person’’;
(C) by striking out ‘‘such officer’’ and inserting
in lieu thereof ‘‘that person’’;
(D) by striking out ‘‘the next higher grade’’ the
second place it appears and inserting in lieu thereof
‘‘that grade’’;
(E) by adding at the end the following: ‘‘How-
ever, in the case of a board convened under this sec-
tion to consider a warrant officer or former warrant
officer, if the report of that board, as approved by the
Secretary concerned, recommends that warrant officer
112
or former warrant officer for promotion to the next
higher grade, that person shall, as soon as practicable,
be appointed to the next higher grade in accordance
with provisions of section 578(c) of this title (rather
than subsections (b), (c), and (d) of section 624 of this
title).’’.
(3) Subsection (d)(2) of such section is amended—
(A) by striking out ‘‘An officer who is promoted’’
and inserting in lieu thereof ‘‘A person who is ap-
pointed’’;
(B) by striking out ‘‘such promotion’’ and insert-
ing in lieu thereof ‘‘that appointment’’; and
(C) by adding at the end the following new sen-
tence: ‘‘In the case of a person who is not on the ac-
tive-duty list when appointed to the next higher
grade, placement of that person on the active-duty list
pursuant to the preceding sentence shall be only for
purposes of determination of eligibility of that person
for consideration for promotion by any subsequent
special selection board under this section.’’.
(d) APPLICABILITY
TO DECEASED PERSONS.—Sub-
section (e) of such section is amended to read as follows:
‘‘(e) DECEASED PERSONS.—If a person whose name
is being considered for referral to a special selection board
under this section dies before the completion of proceedings
113
under this section with respect to that person, this section
shall be applied to that person posthumously.’’.
(e) RECODIFICATION OF ADMINISTRATIVE MATTERS.—
Such section is further amended by adding at the end the
following::
‘‘(f) CONVENING
OF BOARDS.—A board convened
under this section—
‘‘(1) shall be convened under regulations pre-
scribed by the Secretary of Defense;
‘‘(2) shall be composed in accordance with sec-
tion 612 of this title or, in the case of board to con-
sider a warrant officer or former warrant officer, in
accordance with section 573 of this title and regula-
tions prescribed by the Secretary of the military de-
partment concerned; and
‘‘(3) shall be subject to the provisions of section
613 of this title.
‘‘(g) PROMOTION BOARD DEFINED.—In this section,
the term ‘promotion board’ means a selection board con-
vened by the Secretary of a military department under sec-
tion 573(a) or 611(a) of this title.’’.
(f) RATIFICATION OF CODIFIED PRACTICE.—The con-
sideration by a special selection board convened under sec-
tion 628 of title 10, United States Code, before the date of
the enactment of this Act of a person who, at the time of
114
consideration, was a retired officer or former officer of the
Armed Forces (including a deceased retired or former offi-
cer) is hereby ratified.
SEC. 502. COMMUNICATION TO PROMOTION BOARDS BY OF-
FICERS UNDER CONSIDERATION.
Section 614(b) of title 10, United States Code, is
amended by striking out ‘‘his case’’ and inserting in lieu
thereof ‘‘enhancing his case for selection for promotion’’.
SEC. 503. PROCEDURES FOR SEPARATION OF REGULAR OF-
FICERS FOR SUBSTANDARD PERFORMANCE
OF DUTY OR CERTAIN OTHER REASONS.
(a) ELIMINATION OF REQUIREMENT FOR A BOARD OF
REVIEW.—Section 1182(c) of title 10, United States Code,
is amended by striking out ‘‘it shall send the record of its
proceedings to a board of review convened under section
1183 of this title’’ and inserting in lieu thereof ‘‘it shall
report that determination to the Secretary concerned’’;
(b) REPEAL OF BOARD OF REVIEW.—(1) Section 1183
of such title is repealed.
(2) The table of sections at the beginning of chapter
60 of such title is amended by striking out the item relating
to section 1183.
(c) CONFORMING AMENDMENTS.—(1) Section 1184 of
such title is amended by striking out ‘‘board of review con-
vened under section 1183 of this title’’ and inserting in lieu
115
thereof ‘‘board of inquiry convened under section 1182 of
this title’’.
(2) The heading of such section and the item relating
to such section in the table of sections at the beginning of
chapter 60 of such title are amended by striking out the
last two words.
(d) ELIMINATION
OF
30-DAY
NOTICE
REQUIRE-
MENT.—Section 1185(a)(1) of such title is amended by
striking out ‘‘, at least 30 days before the hearing of his
case by a board of inquiry,’’.
SEC. 504. POSTHUMOUS COMMISSIONS AND WARRANTS.
Section 1521 of title 10, United States Code, is amend-
ed—
(1) by inserting ‘‘(whether before or after the
member’s death)’’ in subsection (a)(3) after ‘‘approved
by the Secretary concerned’’; and
(2) by adding at the end of subsection (b) the fol-
lowing new sentence: ‘‘In the case of a member to
whom subsection (a)(3) applies who dies before ap-
proval by the Secretary concerned of the appointment
or promotion, the commission shall issue as of the
date of death.’’.
116
SEC. 505. TENURE OF CHIEF OF THE AIR FORCE NURSE
CORPS.
Section 8069(b) of title 10, United States Code, is
amended by striking out ‘‘, but not for more than three
years, and may not be reappointed to the same position’’
in the last sentence.
Subtitle B—Reserve Component
Matters
SEC. 511. COMPOSITION OF SELECTIVE EARLY RETIREMENT
BOARDS OF RESERVE GENERAL AND FLAG
OFFICERS OF THE NAVY AND MARINE CORPS.
Section 14705(b) of title 10, United States Code, is
amended to read as follows:
‘‘(b) BOARDS.—(1) If the Secretary of the Navy deter-
mines that consideration of officers for early retirement
under this section is necessary, the Secretary shall convene
a continuation board under section 14101(b) of this title
to recommend an appropriate number of officers for early
retirement.
‘‘(2) In the case of such a board convened to consider
officers in the grade of rear admiral or major general—
‘‘(A) the Secretary may appoint the board with-
out regard to section 14102(b) of this title; and
‘‘(B) each member of the board must be serving
in a grade higher than the grade of rear admiral or
major general.’’.
117
SEC. 512. ACTIVE STATUS SERVICE REQUIREMENT FOR
PROMOTION CONSIDERATION FOR ARMY AND
AIR FORCE RESERVE COMPONENT BRIGA-
DIER GENERALS.
Section 14301 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(g) A reserve component brigadier general of the
Army or the Air Force who is in an inactive status is eligi-
ble (notwithstanding subsection (a)) for consideration for
promotion to major general by a promotion board convened
under section 14101(a) of this title if the officer—
‘‘(1) has been in an inactive status for less than
one year as of the date of the convening of the pro-
motion board; and
‘‘(2) had continuously served for at least one
year on the reserve active status list or the active duty
list (or a combination of both) immediately before the
officer’s most recent transfer to an inactive status.’’.
SEC. 513. REVISION TO EDUCATIONAL REQUIREMENT FOR
PROMOTION OF RESERVE OFFICERS.
(a) EXTENSION FOR ARMY OCS GRADUATES.—Section
12205(b)(4) of title 10, United States Code, is amended by
inserting after ‘‘October 1, 1995’’ the following: ‘‘, or in the
case of an officer commissioned through the Army Officer
Candidate School, October 1, 2000’’.
118
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as of October 1, 1995.
Subtitle C—Military Education and
Training
SEC. 521. REQUIREMENTS RELATING TO RECRUIT BASIC
TRAINING.
(a) ARMY.—(1) Chapter 401 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 4319. Recruit basic training: separate platoons and
separate housing for male and female re-
cruits
‘‘(a) SEPARATE PLATOONS.—The Secretary of the
Army shall require that during basic training—
‘‘(1) male recruits shall be assigned to platoons
consisting only of male recruits; and
‘‘(2) female recruits shall be assigned to platoons
consisting only of female recruits.
‘‘(b) SEPARATE HOUSING FACILITIES.—The Secretary
of the Army shall require that during basic training male
and female recruits be housed in separate barracks or other
troop housing facilities.
‘‘(c) INTERIM AUTHORITY FOR HOUSING RECRUITS ON
SEPARATE FLOORS.—(1) If the Secretary of the Army de-
termines that it is not feasible, during some or all of the
119
period beginning on April 15, 1999, and ending on October
1, 2001, to comply with subsection (b) at any particular
installation at which basic training is conducted because
facilities at that installation are insufficient for such pur-
pose, the Secretary may grant a waiver of subsection (b)
with respect to that installation. Any such waiver may not
be in effect after October 1, 2001, and may only be in effect
while the facilities at that installation are insufficient for
the purposes of compliance with subsection (b).
‘‘(2) If the Secretary grants a waiver under paragraph
(1) with respect to an installation, the Secretary shall re-
quire that male and female recruits in basic training at
that installation during any period that the waiver is in
effect not be housed on the same floor of a barracks or other
troop housing facility.
‘‘(d) BASIC TRAINING DEFINED.—In this section, the
term ‘basic training’ means the initial entry training pro-
gram of the Army that constitutes the basic training of new
recruits.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘4319. Recruit basic training: separate platoons and separate housing for male
and female recruits.’’.
(3) The Secretary of the Army shall implement section
4319 of title 10, United States Code, as added by paragraph
(1), as rapidly as feasible and shall ensure that the provi-
120
sions of that section are applied to all recruit basic training
classes beginning not later than the first such class that en-
ters basic training on or after April 15, 1999.
(b) NAVY AND MARINE CORPS.—(1) Part III of subtitle
C of title 10, United States Code, is amended by inserting
after chapter 601 the following new chapter:
‘‘CHAPTER 602—TRAINING GENERALLY
‘‘Sec.
‘‘6931. Recruit basic training: separate small units and separate housing for male
and female recruits.
‘‘§ 6931. Recruit basic training: separate small units
and separate housing for male and female
recruits
‘‘(a) SEPARATE SMALL UNIT ORGANIZATION.—The
Secretary of the Navy shall require that during basic train-
ing—
‘‘(1) male recruits in the Navy shall be assigned
to divisions, and male recruits in the Marine Corps
shall be assigned to platoons, consisting only of male
recruits; and
‘‘(2) female recruits in the Navy shall be as-
signed to divisions, and female recruits in the Marine
Corps shall be assigned to platoons, consisting only of
female recruits.
‘‘(b) SEPARATE HOUSING.—The Secretary of the Navy
shall require that during basic training male and female
121
recruits be housed in separate barracks or other troop hous-
ing facilities.
‘‘(c) INTERIM AUTHORITY FOR HOUSING RECRUITS ON
SEPARATE FLOORS.—(1) If the Secretary of the Navy deter-
mines that it is not feasible, during some or all of the period
beginning on April 15, 1999, and ending on October 1,
2001, to comply with subsection (b) at any particular in-
stallation at which basic training is conducted because fa-
cilities at that installation are insufficient for that purpose,
the Secretary may grant a waiver of subsection (b) with
respect to that installation. Any such waiver may not be
in effect after October 1, 2001, and may only be in effect
while the facilities at that installation are insufficient for
the purposes of compliance with subsection (b).
‘‘(2) If the Secretary grants a waiver under paragraph
(1) with respect to an installation, the Secretary shall re-
quire that male and female recruits in basic training at
that installation during any period that the waiver is in
effect not be housed on the same floor of a barracks or other
troop housing facility.
‘‘(d) BASIC TRAINING DEFINED.—In this section, the
term ‘basic training’ means the initial entry training pro-
grams of the Navy and Marine Corps that constitute the
basic training of new recruits.’’.
122
(2) The tables of chapters at the beginning of subtitle
C, and at the beginning of part III of subtitle C, of such
title are amended by inserting after the item relating to
chapter 601 the following new item:
‘‘602. Training Generally ..................................................................... 6931’’.
(3) The Secretary of the Navy shall implement section
6931 of title 10, United States Code, as added by paragraph
(1), as rapidly as feasible and shall ensure that the provi-
sions of that section are applied to all recruit basic training
classes beginning not later than the first such class that en-
ters basic training on or after April 15, 1999.
(c) AIR FORCE.—(1) Chapter 901 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 9319. Recruit basic training: separate flights and
separate housing for male and female re-
cruits
‘‘(a) SEPARATE FLIGHTS.—The Secretary of the Air
Force shall require that during basic training—
‘‘(1) male recruits shall be assigned to flights
consisting only of male recruits; and
‘‘(2) female recruits shall be assigned to flights
consisting only of female recruits.
‘‘(b) SEPARATE HOUSING.—The Secretary of the Air
Force shall require that during basic training male and fe-
123
male recruits be housed in separate dormitories or other
troop housing facilities.
‘‘(c) INTERIM AUTHORITY FOR HOUSING RECRUITS ON
SEPARATE FLOORS.—(1) If the Secretary of the Air Force
determines that it is not feasible, during some or all of the
period beginning on April 15, 1999, and ending on October
1, 2001, to comply with subsection (b) at any particular
installation at which basic training is conducted because
facilities at that installation are insufficient for such pur-
pose, the Secretary may grant a waiver of subsection (b)
with respect to that installation. Any such waiver may not
be in effect after October 1, 2001, and may only be in effect
while the facilities at that installation are insufficient for
the purposes of compliance with subsection (b).
‘‘(2) If the Secretary grants a waiver under paragraph
(1) with respect to an installation, the Secretary shall re-
quire that male and female recruits in basic training at
that installation during any period that the waiver is in
effect not be housed on the same floor of a dormitory or
other troop housing facility.
‘‘(d) BASIC TRAINING DEFINED.—In this section, the
term ‘basic training’ means the initial entry training pro-
gram of the Air Force that constitutes the basic training
of new recruits.’’.
124
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘9319. Recruit basic training: separate flights and separate housing for male and
female recruits.’’.
(3) The Secretary of the Air Force shall implement sec-
tion 9319 of title 10, United States Code, as added by para-
graph (1), as rapidly as feasible and shall ensure that the
provisions of that section are applied to all recruit basic
training classes beginning not later than the first such class
that enters basic training on or after April 15, 1999.
SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS DURING
BASIC TRAINING.
(a) PURPOSE.—The purpose of this section is to ensure
that military recruits are provided some degree of privacy
during basic training when in their barracks after comple-
tion of the normal training day.
(b) ARMY.—(1) Chapter 401 of title 10, United States
Code, is amended by adding after section 4319, as added
by section 521(a)(1), the following new section:
‘‘§ 4320. Recruit basic training: privacy
‘‘The Secretary of the Army shall require that access
by drill sergeants and other training personnel to a bar-
racks floor on which recruits are housed during basic train-
ing shall be limited after the end of the training day, other
than in the case of an emergency or other exigent cir-
cumstance, to drill sergeants and other training personnel
125
who are of the same sex as the recruits housed on that
floor.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding after the item relating to section
4319, as added by section 521(a)(2), the following new item:
‘‘4320. Recruit basic training: privacy.’’.
(3) The Secretary of the Army shall implement section
4320 of title 10, United States Code, as added by paragraph
(1), as rapidly as feasible and shall ensure that the provi-
sions of that section are applied to all recruit basic training
classes beginning not later than the first such class that en-
ters basic training on or after April 15, 1999.
(c) NAVY.—(1) Chapter 602 of title 10, United States
Code, as added by section 521(b)(1), is amended by adding
at the end the following new section:
‘‘§ 6932. Recruit basic training: privacy
‘‘The Secretary of the Navy shall require that access
by recruit division commanders and other training person-
nel to a barracks floor on which Navy recruits are housed
during basic training shall be limited after the end of the
training day, other than in the case of an emergency or
other exigent circumstance, to recruit division commanders
and other training personnel who are of the same sex as
the recruits housed on that floor.’’.
126
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘6932. Recruit basic training: privacy.’’.
(3) The Secretary of the Navy shall implement section
6932 of title 10, United States Code, as added by paragraph
(1), as rapidly as feasible and shall ensure that the provi-
sions of that section are applied to all recruit basic training
classes beginning not later than the first such class that en-
ters basic training on or after April 15, 1999.
(d) AIR FORCE.—(1) Chapter 901 of title 10, United
States Code, is amended by adding after section 9319, as
added by section 521(c)(1), the following new section:
‘‘§ 9320. Recruit basic training: privacy
‘‘The Secretary of the Air Force shall require that ac-
cess by drill sergeants and other training personnel to a
dormitory floor on which recruits are housed during basic
training shall be limited after the end of the training day,
other than in the case of an emergency or other exigent cir-
cumstance, to drill sergeants and other training personnel
who are of the same sex as the recruits housed on that
floor.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding after the item relating to section
9312, as added by section 521(c)(2), the following new item:
‘‘9320. Recruit basic training: privacy.’’.
127
(3) The Secretary of the Air Force shall implement sec-
tion 9320 of title 10, United States Code, as added by para-
graph (1), as rapidly as feasible and shall ensure that the
provisions of that section are applied to all recruit basic
training classes beginning not later than the first such class
that enters basic training on or after April 15, 1999.
SEC. 523. EXTENSION OF REPORTING DATES FOR COMMIS-
SION ON MILITARY TRAINING AND GENDER-
RELATED ISSUES.
(a) FIRST REPORT.—Subsection (e)(1) of section 562
of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 1754) is amended by
striking out ‘‘April 15, 1998’’ and inserting in lieu thereof
‘‘October 15, 1998’’.
(b) FINAL REPORT.—Subsection (e)(2) of such section
is amended by striking out ‘‘September 16, 1998’’ and in-
serting in lieu thereof ‘‘March 15, 1999’’.
SEC. 524. IMPROVED OVERSIGHT OF INNOVATIVE READI-
NESS TRAINING.
(a) IN GENERAL.—Section 2012 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(j) OVERSIGHT AND COST ACCOUNTING.—The Sec-
retary of Defense shall establish a program to improve the
oversight and cost accounting of training projects conducted
128
in accordance with this section. The program shall include
measures to accomplish the following:
‘‘(1) Ensure that each project that is proposed to
be conducted in accordance with this section (regard-
less of whether additional funding from the Secretary
of Defense is sought) is requested in writing, reviewed
for full compliance with this section, and approved in
advance of initiation by the Secretary of the military
department concerned and, in the case of a project
that seeks additional funding from the Secretary of
Defense, by the Secretary of Defense.
‘‘(2) Ensure that each project that is conducted
in accordance with this section is required to provide,
within a specified period following completion of the
project, an after-action report to the Secretary of De-
fense.
‘‘(3) Require that each application for a project
to be conducted in accordance with this section in-
clude an analysis and certification that the proposed
project would not result in a significant increase in
the cost of training (as determined in accordance with
procedures prescribed by the Secretary of Defense).
‘‘(4) Determine the total program cost for each
project, including both those costs that are borne by
the military departments from their own accounts
129
and those costs that are borne by defense-wide ac-
counts.
‘‘(5) Provide for oversight of project execution to
ensure that a training project under this section is
carried out in accordance with the proposal for that
project as approved.’’.
(b) IMPLEMENTATION.—The Secretary of Defense may
not initiate any project under section 2012 of title 10,
United States Code, after October 1, 1998, until the pro-
gram required by subsection (i) of that section (as added
by subsection (a)) has been established.
Subtitle D—Decorations, Awards,
and Commendations
SEC. 531. STUDY OF NEW DECORATIONS FOR INJURY OR
DEATH IN LINE OF DUTY.
(a) DETERMINATION OF CRITERIA FOR NEW DECORA-
TION.—(1) The Secretary of Defense shall determine the ap-
propriate name, policy, award criteria, and design for two
possible new decorations.
(2) The first such decoration would, if implemented,
be awarded to members of the Armed Forces who, while
serving under competent authority in any capacity with
the Armed Forces, are killed or injured in the line of duty
as a result of noncombat circumstances occurring—
130
(A) as a result of an international terrorist at-
tack against the United States or a foreign nation
friendly to the United States;
(B) while engaged in, training for, or traveling
to or from a peacetime or contingency operation; or
(C) while engaged in, training for, or traveling
to or from service outside the territory of the United
States as part of a peacekeeping force.
(3) The second such decoration would, if implemented,
be awarded to civilian nationals of the United States who,
while serving under competent authority in any capacity
with the Armed Forces, are killed or injured in the line
of duty under circumstances which, if they were members
of the Armed Forces, would qualify them for award of the
Purple Heart or the medal described in paragraph (2).
(b) LIMITATION
ON
IMPLEMENTATION.—Any such
decoration may only be implemented as provided by a law
enacted after the date of the enactment of this Act.
(c) RECOMMENDATION TO CONGRESS.—Not later than
July 31, 1999, the Secretary shall submit to Congress a leg-
islative proposal that would, if enacted, establish the new
decorations developed pursuant to subsection (a). The Sec-
retary shall include with that proposal the Secretary’s rec-
ommendation concerning the need for, and propriety of,
each of the decorations.
131
(d) COORDINATION.—The Secretary shall carry out
this section in coordination with the Secretaries of the mili-
tary departments and the Secretary of Transportation with
regard to the Coast Guard.
SEC. 532. WAIVER OF TIME LIMITATIONS FOR AWARD OF
CERTAIN DECORATIONS TO SPECIFIED PER-
SONS.
(a) WAIVER OF TIME LIMITATION.—Any limitation es-
tablished by law or policy for the time within which a rec-
ommendation for the award of a military decoration or
award must be submitted shall not apply in the case of
awards of decorations described in subsection (b), the award
of each such decoration having been determined by the Sec-
retary of the military department concerned to be war-
ranted in accordance with section 1130 of title 10, United
States Code.
(b) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to awards of the Distinguished Flying Cross for
service during World War II or Korea (including multiple
awards to the same individual) in the case of each individ-
ual concerning whom the Secretary of the Navy (or an offi-
cer of the Navy acting on behalf of the Secretary) submitted
to the Committee on National Security of the House of Rep-
resentatives and the Committee on Armed Services of the
Senate, before the date of the enactment of this Act, a notice
132
as provided in section 1130(b) of title 10, United States
Code, that the award of the Distinguished Flying Cross to
that individual is warranted and that a waiver of time re-
strictions prescribed by law for recommendation for such
award is recommended.
SEC. 533. COMMENDATION OF THE NAVY AND MARINE
CORPS PERSONNEL WHO SERVED IN THE
UNITED STATES NAVY ASIATIC FLEET FROM
1910–1942.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States established the Asiatic
Fleet of the Navy in 1910 to protect American nation-
als, policies, and possessions in the Far East.
(2) The sailors and Marines of the Asiatic Fleet
ensured the safety of United States citizens and for-
eign nationals, and provided humanitarian assistance
in that region during the Chinese civil war, the
Yangtze Flood of 1931, and the outbreak of Sino-Jap-
anese hostilities.
(3) In 1940, due to deteriorating political rela-
tions and increasing tensions between the United
States and Japan, a reinforced Asiatic Fleet began
concentrating on the defense of the Philippines and
engaged in extensive training to ensure maximum
operational readiness for any eventuality.
133
(4) Following the declaration of war against
Japan in December 1941, the warships, submarines,
and aircraft of the Asiatic Fleet singly or in task
forces courageously fought many battles against a su-
perior Japanese armada.
(5) The Asiatic Fleet directly suffered the loss of
22 vessels, 1,826 men killed or missing in action, and
518 men captured and imprisoned under the worst of
conditions, with many of them dying while held as
prisoners of war.
(b) CONGRESSIONAL COMMENDATION.—Congress—
(1) commends the Navy and Marine Corps per-
sonnel who served in the Asiatic Fleet of the United
States Navy between 1910 and 1942; and
(2) honors those who gave their lives in the line
of duty while serving in the Asiatic Fleet.
SEC. 534. APPRECIATION FOR SERVICE DURING WORLD
WAR I AND WORLD WAR II BY MEMBERS OF
THE NAVY ASSIGNED ON BOARD MERCHANT
SHIPS AS THE NAVAL ARMED GUARD SERV-
ICE.
(a) FINDINGS.—Congress makes the following findings:
(1) The Navy established a special force during
both World War I and World War II, known as the
Naval Armed Guard Service, to protect merchant
134
ships of the United States from enemy attack by sta-
tioning members of the Navy and weapons on board
those ships.
(2) Members of the Naval Armed Guard Service
served on 6,236 merchant ships during World War II,
of which 710 were sunk by enemy action.
(3) Over 144,900 members of the Navy served in
the Naval Armed Guard Service during World War II
as officers, gun crewmen, signalmen, and radiomen,
of whom 1,810 were killed in action.
(4) The efforts of the members of the Naval
Armed Guard Service played a significant role in the
safe passage of United States merchant ships to their
destinations in the Soviet Union and various loca-
tions in western Europe and the Pacific Theater.
(5) The efforts of the members of the Navy who
served in the Naval Armed Guard Service have been
largely overlooked due to the rapid disbanding of the
service after World War II and lack of adequate
records.
(6) Recognition of the service of the naval per-
sonnel who served in the Naval Armed Guard Service
is highly warranted and long overdue.
(b) SENSE OF CONGRESS.—Congress expresses its ap-
preciation, and the appreciation of the American people,
135
for the dedicated service performed during World War I and
World War II by members of the Navy assigned as gun
crews on board merchant ships as part of the Naval Armed
Guard Service.
SEC. 535. SENSE OF CONGRESS REGARDING THE HEROISM,
SACRIFICE, AND SERVICE OF THE MILITARY
FORCES OF SOUTH VIETNAM AND OTHER NA-
TIONS IN CONNECTION WITH THE UNITED
STATES ARMED FORCES DURING THE VIET-
NAM CONFLICT.
(a) FINDINGS.—Congress finds the following:
(1) South Vietnam, Australia, South Korea,
Thailand, New Zealand, and the Philippines contrib-
uted military forces, together with the United States,
during military operations conducted in Southeast
Asia during the Vietnam conflict.
(2) The contributions of the combat forces from
these nations continued through long years of armed
conflict.
(3) As a result, in addition to the United States
casualties exceeding 210,000, this willingness to par-
ticipate in the Vietnam conflict resulted in the death,
and wounding of more than 1,000,000 military per-
sonnel from South Vietnam and 16,000 from other al-
lied nations.
136
(4) The service of the Vietnamese and other allied
nations was repeatedly marked by exceptional hero-
ism and sacrifice, with particularly noteworthy con-
tributions being made by the Vietnamese airborne,
commando, infantry and ranger units, the Republic
of Korea marines, the Capital and White Horse divi-
sions, the Royal Thai Army Black Panther Division,
the Royal Australian Regiment, the New Zealand ‘‘V’’
force, and the 1st Philippine Civic Action Group.
(b) SENSE OF CONGRESS.—Congress recognizes and
honors the members and former members of the military
forces of South Vietnam, the Republic of Korea, Thailand,
Australia, New Zealand, and the Philippines for their hero-
ism, sacrifice and service in connection with United States
Armed Forces during the Vietnam conflict.
SEC. 536. SENSE OF CONGRESS REGARDING THE HEROISM,
SACRIFICE, AND SERVICE OF FORMER SOUTH
VIETNAMESE COMMANDOS IN CONNECTION
WITH UNITED STATES ARMED FORCES DUR-
ING THE VIETNAM CONFLICT.
(a) FINDINGS.—Congress finds the following:
(1) South Vietnamese commandos were recruited
by the United States as part of OPLAN 34A or its
predecessor or OPLAN 35 from 1961 to 1970.
137
(2) The commandos conducted covert operations
in North Vietnam during the Vietnam conflict.
(3) Many of the commandos were captured and
imprisoned by North Vietnamese forces, some for as
long as 20 years.
(4) The commandos served and fought proudly
during the Vietnam conflict.
(5) Many of the commandos lost their lives serv-
ing in operations conducted by the United States dur-
ing the Vietnam conflict.
(6) Many of the Vietnamese commandos now re-
side in the United States.
(b) SENSE OF CONGRESS—Congress recognizes and
honors the former South Vietnamese commandos for their
heroism, sacrifice, and service in connection with United
States armed forces during the Vietnam conflict.
Subtitle E—Administration of Agen-
cies Responsible for Review and
Correction of Military Records
SEC. 541. PERSONNEL FREEZE.
(a) LIMITATION.—During fiscal years 1999, 2000, and
2001, the Secretary of a military department may not
carry out any reduction in the number of military and ci-
vilian personnel assigned to duty with the service review
138
agency for that military department below the baseline
number for that agency until—
(1) the Secretary submits to Congress a report
that describes the reduction proposed to be made, pro-
vides the Secretary’s rationale for that reduction, and
specifies the number of such personnel that would be
assigned to duty with that agency after the reduction;
and
(2) a period of 90 days has elapsed after the date
on which such report is submitted.
(b) BASELINE NUMBER.—The baseline number for a
service review agency under this section is—
(1) for purposes of the first report with respect
to a service review agency under this section, the
number of military and civilian personnel assigned to
duty with that agency as of October 1, 1997; and
(2) for purposes of any subsequent report with
respect to a service review agency under this section,
the number of such personnel specified in the most re-
cent report with respect to that agency under this sec-
tion.
(c) SERVICE REVIEW AGENCY DEFINED.—In this sec-
tion, the term ‘service review agency’ means—
(1) with respect to the Department of the Army,
the Army Review Boards Agency;
139
(2) with respect to the Department of the Navy,
the Board for Correction of Naval Records; and
(3) with respect to the Department of the Air
Force, the Air Force Review Boards Agency.
SEC. 542. PROFESSIONAL STAFF.
(a) IN GENERAL.—(1) Chapter 79 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1555. Professional staff
‘‘(a) The Secretary of each military department shall
assign to the staff of the service review agency of that mili-
tary department at least one attorney and at least one phy-
sician. Such assignments shall be made on a permanent,
full-time basis and may be made from members of the
armed forces or civilian employees.
‘‘(b) Personnel assigned pursuant to subsection (a)—
‘‘(1) shall work under the supervision of the di-
rector or executive director (as the case may be) of the
service review agency; and
‘‘(2) shall be assigned duties as advisers to the
director or executive director or other staff members
on legal and medical matters, respectively, that are
being considered by the agency.
‘‘(c) In this section, the term ‘service review agency’
means—
140
‘‘(1) with respect to the Department of the Army,
the Army Review Boards Agency;
‘‘(2) with respect to the Department of the Navy,
the Board for Correction of Naval Records; and
‘‘(3) with respect to the Department of the Air
Force, the Air Force Review Boards Agency.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘1555. Professional staff.’’.
(b) EFFECTIVE DATE.—Section 1555 of title 10,
United States Code, as added by subsection (a), shall take
effect 180 days after the date of the enactment of this Act.
SEC. 543. EX PARTE COMMUNICATIONS.
(a) IN GENERAL.—(1) Chapter 79 of title 10, United
States Code, is amended by adding after section 1555, as
added by section 542(a)(1), the following new section:
‘‘§ 1556. Ex parte communications prohibited
‘‘(a) IN GENERAL.—The Secretary of each military de-
partment shall ensure that an applicant seeking corrective
action by the Army Review Boards Agency, the Air Force
Review Boards Agency, or the Board for Correction of
Naval Records, as the case may be, is provided a copy of
all correspondence and communications (including sum-
maries of verbal communications) to or from the agency or
board, or a member of the staff of the agency or board, with
an entity or person outside the agency or board that pertain
141
directly to the applicant’s case or have a material effect on
the applicant’s case.
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to
the following:
‘‘(1) Classified information.
‘‘(2) Information the release of which is other-
wise prohibited by law or regulation.
‘‘(3) Any record previously provided to the ap-
plicant or known to be possessed by the applicant.
‘‘(4) Any correspondence that is purely adminis-
trative in nature.
‘‘(5) Any military record that is (or may be)
provided to the applicant by the Secretary of the
military department or other source.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding after the item relating to 1555,
as added by section 542(a)(2), the following new item:
‘‘1556. Ex parte communications prohibited.’’.
(b) EFFECTIVE DATE.—Section 1556 of title 10,
United States Code, as added by subsection (a), shall apply
with respect to correspondence and communications made
60 days or more after the date of the enactment of this Act.
SEC. 544. TIMELINESS STANDARDS.
(a) IN GENERAL.—Chapter 79 of title 10, United
States Code, is amended by adding after section 1556, as
added by section 543(a)(1), the following new section:
142
‘‘§ 1557. Timeliness standards for disposition of cases
before Corrections Boards
‘‘(a) TEN-MONTH CLEARANCE PERCENTAGE.—Of the
cases accepted for consideration by a Corrections Board
during a period specified in the following table, the percent-
age on which final action must be completed within 10
months of receipt (other than for those cases considered suit-
able for administrative correction) is as follows:
The percentage on which final
‘‘For cases accepted
action must be completed
during—
within 10 months of receipt
is—
the period of fiscal years 2001 and 2002 .....................................
the period of fiscal years 2003 and 2004 .....................................
the period of fiscal years 2005, 2006, and 2007 .........................
the period of fiscal years 2008, 2009, and 2010 .........................
the period of any fiscal year after fiscal year 2010 ....................
90.
‘‘(b) CLEARANCE DEADLINE FOR ALL CASES.—Effec-
tive October 1, 2002, final action on all cases accepted for
consideration by a Corrections Board (other than those
cases considered suitable for administrative correction)
shall be completed within 18 months of receipt.
‘‘(c) WAIVER AUTHORITY.—The Secretary of the mili-
tary department concerned may exclude an individual case
from the timeliness standards prescribed in subsections (a)
and (b) if the Secretary determines that the case warrants
a longer period of consideration. The authority of the Sec-
retary of a military department under this subsection may
not be delegated.
143
‘‘(d) REPORTS ON FAILURE TO MEET TIMELINESS
STANDARDS.—The Secretary of the military department
concerned shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of
the House of Representatives a report not later than June
1 following any fiscal year during which the Corrections
Board of that Secretary’s military department was unable
to meet the timeliness standards in subsections (a) and (b).
The report shall specify the reasons why the standard could
not be met and the corrective actions initiated to ensure
compliance in the future. The report shall also specify the
number of waivers granted under subsection (c) during that
fiscal year.
‘‘(e) CORRECTIONS BOARD DEFINED.—In this section,
the term ‘Corrections Board’ means—
‘‘(1) with respect to the Department of the Army,
the Army Board for Correction of Military Records;
‘‘(2) with respect to the Department of the Navy,
the Board for Correction of Naval Records; and
‘‘(3) with respect to the Department of the Air
Force, the Air Force Board for Correction of Military
Records.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding after
the item relating to section 1556, as added by section
144
543(a)(2), the following new item:
‘‘1557. Timeliness standards for disposition of cases before Corrections Boards.’’.
Subtitle F—Other Matters
SEC. 551. ONE-YEAR EXTENSION OF CERTAIN FORCE DRAW-
DOWN TRANSITION AUTHORITIES RELATING
TO PERSONNEL MANAGEMENT AND BENE-
FITS.
(a) EARLY RETIREMENT AUTHORITY
FOR ACTIVE
DUTY MEMBERS.—Section 4403(i) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 10 U.S.C. 1293 note) is amended by striking out ‘‘Oc-
tober 1, 1999’’ and inserting in lieu thereof ‘‘October 1,
2000’’.
(b) SSB AND VSI.—Sections 1174a(h) and 1175(d)(3)
of title 10, United States Code, are amended by striking
out ‘‘September 30, 1999’’ and inserting in lieu thereof
‘‘September 30, 2000’’.
(c) SELECTIVE EARLY RETIREMENT BOARDS.—Sec-
tion 638a(a) of such title is amended by striking out ‘‘dur-
ing the nine-year period beginning on October 1, 1990’’ and
inserting in lieu thereof ‘‘during the period beginning on
October 1, 1990, and ending on September 30, 2000’’.
(d) TIME-IN-GRADE REQUIREMENT FOR RETENTION
OF
GRADE
UPON
VOLUNTARY
RETIREMENT.—Section
1370(a)(2)(A) of such title is amended by striking out ‘‘dur-
ing the nine-year period beginning on October 1, 1990’’ and
145
inserting in lieu thereof ‘‘during the period beginning on
October 1, 1990, and ending on September 30, 2000’’.
(e) LENGTH OF COMMISSIONED SERVICE FOR VOL-
UNTARY RETIREMENT AS AN OFFICER.—Sections 3911(b),
6323(a)(2), and 8911(b) of such title are amended by strik-
ing out ‘‘during the nine-year period beginning on October
1, 1990’’ and inserting in lieu thereof ‘‘during the period
beginning on October 1, 1990, and ending on September
30, 2000’’.
(f) RETIREMENT OF CERTAIN LIMITED DUTY OFFI-
CERS OF THE NAVY AND MARINE CORPS.—(1) Sections 633
and 634 of such title are amended by striking out ‘‘October
1, 1999’’ in the last sentence and inserting in lieu thereof
‘‘October 1, 2000’’.
(2) Section 6383 of such title is amended—
(A) in subsection (a)(5), by striking out ‘‘October
1, 1999’’ and inserting in lieu thereof ‘‘October 1,
2000’’; and
(B) in subsection (k), by striking out ‘‘October 1,
1999’’ in the last sentence and inserting in lieu there-
of ‘‘October 1, 2000’’.
(g) TRAVEL AND TRANSPORTATION ALLOWANCES AND
STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS FOR
CERTAIN MEMBERS BEING INVOLUNTARILY SEPARATED.—
Sections 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v),
146
and 406(g)(1)(C) of title 37, United States Code, and sec-
tion 503(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510; 37 U.S.C. 406
note) are amended by striking out ‘‘during the nine-year
period beginning on October 1, 1990’’ and inserting in lieu
thereof ‘‘during the period beginning on October 1, 1990,
and ending on September 30, 2000’’.
(h) EDUCATIONAL LEAVE RELATING TO CONTINUING
PUBLIC AND COMMUNITY SERVICE.—Section 4463(f) of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 10 U.S.C. 1143a note) is amended
by striking out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(i) TRANSITIONAL HEALTH, COMMISSARY, AND FAM-
ILY HOUSING BENEFITS.—
(1) HEALTH CARE.—Section 1145 of title 10,
United States Code, is amended—
(A) in subsections (a)(1) and (c)(1), by
striking out ‘‘during the nine-year period begin-
ning on October 1, 1990’’ and inserting in lieu
thereof ‘‘during the period beginning on October
1, 1990, and ending on September 30, 2000’’;
and
(B) in subsection (e), by striking out ‘‘dur-
ing the five-year period beginning on October 1,
147
1994’’ and inserting in lieu thereof ‘‘during the
period beginning on October 1, 1994, and ending
on September 30, 2000’’.
(2) COMMISSARY
AND
EXCHANGE
BENEFITS.—
Section 1146 of such title is amended—
(A) by striking out ‘‘during the nine-year
period beginning on October 1, 1990’’ and in-
serting in lieu thereof ‘‘during the period begin-
ning on October 1, 1990, and ending on Septem-
ber 30, 2000’’; and
(B) by striking out ‘‘during the five-year
period beginning on October 1, 1994’’ and in-
serting in lieu thereof ‘‘during the period begin-
ning on October 1, 1994, and ending on Septem-
ber 30, 2000’’.
(3) 
USE
OF
MILITARY
HOUSING.—Section
1147(a) of such title is amended—
(A) in paragraph (1), by striking out ‘‘dur-
ing the nine-year period beginning on October 1,
1990’’ and inserting in lieu thereof ‘‘during the
period beginning on October 1, 1990, and ending
on September 30, 2000’’; and
(B) in paragraph (2), by striking out ‘‘dur-
ing the five-year period beginning on October 1,
1994’’ and inserting in lieu thereof ‘‘during the
148
period beginning on October 1, 1994, and ending
on September 30, 2000’’.
(j) ENROLLMENT OF DEPENDENTS IN DEFENSE DE-
PENDENTS’ EDUCATION SYSTEM.—Section 1407(c)(1) of the
Defense Dependents’ Education Act of 1978 (20 U.S.C.
926(c)(1)) is amended by striking out ‘‘during the nine-year
period beginning on October 1, 1990’’ and inserting in lieu
thereof ‘‘during the period beginning on October 1, 1990,
and ending on September 30, 2000’’.
(k) FORCE REDUCTION TRANSITION PERIOD DEFINI-
TION.—Section 4411 of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended
by striking out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(l) TEMPORARY SPECIAL AUTHORITY FOR FORCE RE-
DUCTION PERIOD RETIREMENTS.—Section 4416(b)(1) of
the National Defense Authorization Act for Fiscal Year
1993 (10 U.S.C. 12681 note) is amended by striking out
‘‘October 1, 1999’’ and inserting in lieu thereof ‘‘October
1, 2000’’.
(m) RETIRED PAY FOR NON-REGULAR SERVICE.—(1)
Section 12731(f) of title 10, United States Code, is amended
by striking out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
149
(2) Section 12731a of such title is amended in sub-
sections (a)(1)(B) and (b), by striking out ‘‘October 1,
1999’’ and inserting in lieu thereof ‘‘October 1, 2000’’.
(n) AFFILIATION WITH GUARD AND RESERVE UNITS;
WAIVER OF CERTAIN LIMITATIONS.—Section 1150(a) of
such title is amended by striking out ‘‘during the nine-year
period beginning on October 1, 1990’’ and inserting in lieu
thereof ‘‘during the period beginning on October 1, 1990,
and ending on September 30, 2000’’.
(o) 
RESERVE
MONTGOMERY
GI 
BILL.—Section
16133(b)(1)(B) of such title is amended by striking out
‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 2000’’.
SEC. 552. LEAVE WITHOUT PAY FOR ACADEMY CADETS AND
MIDSHIPMEN.
(a) AUTHORITY FOR LEAVE WITHOUT PAY.—Section
702 of title 10, United States Code, is amended by adding
at the end the following new subsection:
‘‘(c)(1) The Secretary concerned may place an acad-
emy cadet or midshipman on involuntary leave without
pay if, under regulations prescribed by the Secretary con-
cerned, the Superintendent of the Academy at which the
cadet or midshipman is admitted—
‘‘(A) has recommended that the cadet or mid-
shipman be dismissed or discharged;
150
‘‘(B) has directed the cadet or midshipman re-
turn to the Academy to repeat an academic semester
or year;
‘‘(C) has otherwise recommended to the Secretary
for good cause that the cadet or midshipman be
placed on involuntary leave without pay.
‘‘(2) In this subsection, the term ‘academy cadet or
midshipman’ means—
‘‘(A) a cadet of the United States Military Acad-
emy;
‘‘(B) a midshipman of the United States Naval
Academy;
‘‘(C) a cadet of the United States Air Force
Academy; or
‘‘(D) a cadet of the United States Coast Guard
Academy.’’.
(b) EFFECTIVE DATE.—Subsection (c) of section 702
of title 10, United States Code, as added by subsection (a),
shall apply with respect to academy cadets and midshipmen
(as defined in that subsection) who are placed on involun-
tary leave after the date of the enactment of this Act.
151
SEC. 553. PROVISION FOR RECOVERY, CARE, AND DISPOSI-
TION OF THE REMAINS OF ALL MEDICALLY
RETIRED MEMBERS.
(a) IN GENERAL.—Section 1481(a) of title 10, United
States Code, is amended—
(1) in paragraph (1), by striking out ‘‘, or mem-
ber of an armed force without component,’’; and
(2) in paragraph (7)—
(A) by striking out ‘‘United States’’; and
(B) by striking out ‘‘for a period of more
than 30 days,’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a)(2) apply with respect to persons dying on or
after the date of the enactment of this Act.
SEC. 554. CONTINUED ELIGIBILITY UNDER VOLUNTARY
SEPARATION INCENTIVE PROGRAM FOR MEM-
BERS WHO INVOLUNTARILY LOSE MEMBER-
SHIP IN A RESERVE COMPONENT.
(a) CONTINUED ELIGIBILITY.—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 section
1175(e)(1) of this section if the member becomes ineligible
for retention in an active or inactive status in a reserve
component because of age, years of service, failure to select
for promotion, or medical disqualification, so long as such
ineligibility does not result from deliberate action on the
152
part of the member with the intent to avoid retention in
an active or inactive status in a reserve component.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) applies with respect to any person provided a
voluntary separation incentive under section 1175 of title
10, United States Code (whether before, on, or after the date
of the enactment of this Act).
SEC. 555. DEFINITION OF FINANCIAL INSTITUTION FOR DI-
RECT DEPOSIT OF PAY.
(a) SERVICEMEMBERS
REIMBURSEMENT
FOR
EX-
PENSES DUE TO GOVERNMENT ERROR.—Paragraph (1) of
section 1053(d) of title 10, United States Code, is amended
to read as follows:
‘‘(1) The term ‘financial institution’ means a
bank, savings and loan association, or similar insti-
tution or a credit union chartered by the United
States or a State.’’.
(b) CIVILIAN EMPLOYEES REIMBURSEMENT FOR EX-
PENSES DUE TO GOVERNMENT ERROR.—Paragraph (1) of
section 1594(d) of such title is amended to read as follows:
‘‘(1) The term ‘financial institution’ means a
bank, savings and loan association, or similar insti-
tution or a credit union chartered by the United
States or a State.’’.
153
SEC. 556. INCREASE IN MAXIMUM AMOUNT FOR COLLEGE
FUND PROGRAM.
(a) INCREASE IN MAXIMUM RATE FOR ACTIVE COMPO-
NENT MONTGOMERY GI BILL KICKER.—Section 3015(d) of
title 38, United States Code, is amended—
(1) by inserting ‘‘, at the time the individual
first becomes a member of the Armed Forces,’’ after
‘‘Secretary of Defense, may’’; and
(2) by striking out ‘‘$400’’ and all that follows
through ‘‘that date’’ and inserting in lieu thereof
‘‘$950 per month’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 1999, and shall
apply with respect to individuals who first become members
of the Armed Forces on or after that date.
SEC. 557. CENTRAL IDENTIFICATION LABORATORY, HAWAII.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that the Central Identification Laboratory, Hawaii, of the
Department of the Army is an important element of the
Department of Defense and is critical to the full accounting
of members of the Armed Forces who have been classified
as POW/MIAs or are otherwise unaccounted for.
(b) REQUIRED STAFFING LEVEL.—The Secretary of
Defense shall provide sufficient personnel to fill all author-
ized personnel positions of the Central Identification Lab-
oratory, Hawaii, Department of the Army. Those personnel
154
shall be drawn from members of the Army, Navy, Air Force,
and Marine Corps and from civilian personnel, as appro-
priate, considering the proportion of POW/MIAs from each
service.
(c) JOINT MANNING PLAN.—The Secretary of Defense
shall develop and implement, not later than March 31,
2000, a joint manning plan to ensure the appropriate par-
ticipation of the four services in the staffing of the Central
Identification Laboratory, Hawaii, as required by sub-
section (b).
(d) LIMITATION ON REDUCTIONS.—The Secretary of
the Army may not carry out any personnel reductions (in
authorized or assigned personnel) at the Central Identifica-
tion Laboratory, Hawaii, until the joint manning plan re-
quired by subsection (c) is implemented.
SEC. 558. HONOR GUARD DETAILS AT FUNERALS OF VETER-
ANS.
(a) IN GENERAL.—(1) Chapter 75 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1491. Honor guard details at funerals of veterans
‘‘(a) AVAILABILITY.—The Secretary of a military de-
partment shall, upon request, provide an honor guard detail
(or ensure that an honor guard detail is provided) for the
funeral of any veteran.
155
‘‘(b) COMPOSITION OF HONOR GUARD DETAILS.—The
Secretary of each military department shall ensure that an
honor guard detail for the funeral of a veteran consists of
not less than three persons and (unless a bugler is part of
the detail) has the capability to play a recorded version of
Taps.
‘‘(c) PERSONS FORMING HONOR GUARDS.—An honor
guard detail may consist of members of the armed forces
or members of veterans organizations or other organizations
approved for purposes of this section under regulations pre-
scribed by the Secretary of Defense. The Secretary of a mili-
tary department may provide transportation, or reimburse-
ment for transportation, and expenses for a person who par-
ticipates in an honor guard detail under this section and
is not a member of the armed forces or an employee of the
United States.
‘‘(d) REGULATIONS.—The Secretary of Defense shall
by regulation establish a system for selection of units of the
armed forces and other organizations to provide honor
guard details. The system shall place an emphasis on bal-
ancing the funeral detail workload among the units and
organizations providing honor guard details in an equitable
manner as they are able to respond to requests for such de-
tails in terms of geographic proximity and available re-
sources. The Secretary shall provide in such regulations
156
that the armed force in which a veteran served shall not
be considered to be a factor when selecting the military unit
or other organization to provide an honor guard detail for
the funeral of the veteran.
‘‘(e) ANNUAL REPORT.—The Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report not later than January 31 of each
year beginning with 2001 and ending with 2005 on the ex-
perience of the Department of Defense under this section.
Each such report shall provide data on the number of funer-
als supported under this section, cost for that support,
shown by manpower and other cost factors, and the number
and costs of funerals supported by each participating orga-
nization. The data in the report shall be presented in a
standard format, regardless of military department or other
organization.
‘‘(f) VETERAN DEFINED.—In this section, the term
‘veteran’ has the meaning given that term in section 101(2)
of title 38.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘1491. Honor guard details at funerals of veterans.’’.
(b) TREATMENT OF PERFORMANCE OF HONOR GUARD
FUNCTIONS BY RESERVES.—(1) Chapter 1215 of title 10,
157
United States Code, is amended by adding at the end the
following new section:
‘‘§ 12552. Funeral honor guard functions: prohibition
of treatment as drill or training
‘‘Performance by a Reserve of honor guard functions
at the funeral of a veteran may not be considered to be a
period of drill or training otherwise required.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘12552. Funeral honor guard functions: prohibition of treatment as drill or train-
ing.’’.
(c) REPEAL
OF LIMITATION
ON AVAILABILITY
OF
FUNDS
FOR HONOR GUARD FUNCTIONS
BY NATIONAL
GUARD.—Section 114 of title 32, United States Code, is
amended—
(1) by striking out ‘‘(a)’’; and
(2) by striking out subsection (b).
(d) APPLICABILITY.—The amendments made by this
section shall apply to burials of veterans that occur on or
after October 1, 1999.
(e) STUDY.—The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs, shall study alter-
native means for the provision of honor guard details at
funerals of veterans. Not later than March 31, 1999, the
Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of
158
the House of Representatives a report setting forth the re-
sults of the study and the Secretary’s views and rec-
ommendations.
(f) CONSULTATION WITH VETERANS SERVICE ORGANI-
ZATIONS.—Before prescribing the initial regulations under
section 1491 of title 10, United States Code, as added by
subsection (a), the Secretary of Defense shall consult with
veterans service organizations to determine the views of
those organizations regarding methods for providing honor
guard details at funerals for veterans, suggestions for orga-
nizing the system to provide those details, and estimates
of the resources that those organizations could provide for
honor guard details for veterans.
SEC. 559. APPLICABILITY TO ALL PERSONS IN CHAIN OF
COMMAND OF POLICY REQUIRING EXEM-
PLARY CONDUCT BY COMMANDING OFFICERS
AND OTHERS IN AUTHORITY IN THE ARMED
FORCES.
(a) IN GENERAL.—(1) Chapter 3 of title 10, United
States Code, is amended by inserting after section 121 the
following new section:
‘‘§ 121a. Requirement of exemplary conduct by civil-
ians in chain of command
‘‘The President, as Commander in Chief, and the Sec-
retary of Defense are required (in the same manner that
159
commanding officers and others in authority in the Armed
Forces are required)—
‘‘(1) to show in themselves a good example of vir-
tue, honor, and patriotism and to subordinate them-
selves to those ideals;
‘‘(2) to be vigilant in inspecting the conduct of
all persons who are placed under their command;
‘‘(3) to guard against and to put an end to all
dissolute and immoral practices and to correct, ac-
cording to the laws and regulations of the armed
forces, all persons who are guilty of them; and
‘‘(4) to take all necessary and proper measures,
under the laws, regulations, and customs of the armed
forces, to promote and safeguard the morale, the phys-
ical well-being, and the general welfare of the officers
and enlisted persons under their command or
charge.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 121 the following new item:
‘‘121a. Requirement of exemplary conduct by civilians in chain of command.’’.
160
SEC. 560. REPORT ON PRISONERS TRANSFERRED FROM
UNITED STATES DISCIPLINARY BARRACKS,
FORT LEAVENWORTH, KANSAS, TO FEDERAL
BUREAU OF PRISONS.
(a) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report, to be prepared by the General
Counsel of the Department of Defense, concerning the deci-
sion of the Secretary of the Army in 1994 to transfer ap-
proximately 500 prisoners from the United States Discipli-
nary Barracks, Fort Leavenworth, Kansas, to the Federal
Bureau of Prisons.
(b) MATTERS TO BE INCLUDED.—The Secretary shall
include in the report the following:
(1) A description of the basis for the selection of
prisoners to be transferred, particularly in light of the
fact that many of the prisoners transferred are mini-
mum or medium security prisoners, who are consid-
ered to have the best chance for rehabilitation, and
whether the transfer of those prisoners indicates a
change in Department of Defense policy regarding the
rehabilitation of military prisoners.
(2) A comparison of the historical recidivism
rates of prisoners released from the United States Dis-
ciplinary Barracks and the Federal Bureau of Pris-
ons, together with a description of any plans of the
161
Army to track the parole and recidivism rates of pris-
oners transferred to the Federal Bureau of Prisons
and whether it has tracked those factors for previous
transferees.
(3) A description of the projected future flow of
prisoners into the new United States Disciplinary
Barracks being constructed at Fort Leavenworth,
Kansas, and whether the Secretary of the Army plans
to automatically send new prisoners to the Federal
Bureau of Prisons without serving at the United
States Disciplinary Barracks if that Barracks is at
capacity and whether the Memorandum of Under-
standing between the Federal Bureau of Prisons and
the Army covers that possibility.
(4) A description of the cost of incarcerating a
prisoner in the Federal Bureau of Prisons compared
to the United States Disciplinary Barracks and the
assessment of the Secretary as to the extent to which
the transfer of prisoners to the Federal Bureau of
Prisons by the Secretary of the Army is made in
order to shift a budgetary burden.
(c) MONITORING.—During fiscal years 1999 through
2003, the Secretary of the Army shall track the parole and
recidivism rates of prisoners transferred from the United
162
States Disciplinary Barracks, Fort Leavenworth, Kansas,
to the Federal Bureau of Prisons.
SEC. 561. REPORT ON PROCESS FOR SELECTION OF MEM-
BERS FOR SERVICE ON COURTS-MARTIAL.
(a) REPORT REQUIRED.—Not later than April 15,
1999, the Secretary of Defense shall submit to Congress a
report on the method of selection of members of the Armed
Forces to serve on courts-martial.
(b) MATTERS TO BE CONSIDERED.—In preparing the
report, the Secretary shall—
(1) direct the Secretaries of the military depart-
ments to develop a plan for random selection of mem-
bers of courts-martial , subject to the provisions relat-
ing to service on courts-martial specified in section
825(d)(2) of title 10, United States Code (article
25(d)(2) of the Uniform Code of Military Justice), as
a possible replacement for the current system of selec-
tion by the convening authority; and
(2) obtain the views of the members of the com-
mittee referred to in section 946 of such title (known
as the ‘‘Code Committee’’).
163
SEC. 562. STUDY OF REVISING THE TERM OF SERVICE OF
MEMBERS OF THE UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES.
Not later than April 15, 1999, the Secretary of Defense
shall submit to Congress a report on the desirability of re-
vising the term of appointment of judges of the United
States Court of Appeals for the Armed Forces so that the
term of a judge on that court is for a period of 15 years
or until the judge attains the age of 65, whichever is later.
In preparing the report, the Secretary shall obtain the view
of the members of the committee referred to in section 946
of title 10, United States Code, (known as the ‘‘Code Com-
mittee’’).
SEC. 563. STATUS OF CADETS AT THE MERCHANT MARINE
ACADEMY.
(a) STATUS OF CADETS.—Any citizen of the United
States appointed as a cadet at the United States Merchant
Marine Academy shall be considered to be a member of the
United States Naval Reserve.
(b) ELIGIBILITY.—The Secretary of Defense shall pro-
vide that cadets of the United States Merchant Marine
Academy shall be issued an identification card (referred to
as a ‘‘military ID card’’) and shall be entitled to all rights
and privileges in accordance with the same eligibility cri-
teria as apply to other members of the Ready Reserve of
the reserve components of the Armed Forces.
164
(c) COORDINATION WITH SECRETARY OF TRANSPOR-
TATION.—The Secretary of Defense shall carry out this sec-
tion in coordination with the Secretary of Transportation.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Except
as provided in subsection (b), the adjustment, to become ef-
fective during fiscal year 1999, required by section 1009
of title 37, United States Code, in the rate of monthly basic
pay authorized members of the uniformed services by section
203(a) of such title shall not be made.
(b) INCREASE IN BASIC PAY.—Effective on January
1, 1999, the rates of basic pay of members of the uniformed
services shall be increased by the greater of—
(1) 3.6 percent; or
(2) the percentage increase determined under
subsection (c) of section 1009 of title 37, United
States Code, by which the monthly basic pay of mem-
bers would be adjusted under subsection (a) of that
section on that date in the absence of subsection (a)
of this section.
165
SEC. 602. BASIC ALLOWANCE FOR HOUSING OUTSIDE THE
UNITED STATES.
(a) PAYMENT OF CERTAIN EXPENSES RELATED TO
OVERSEAS HOUSING.—Section 403(c) of title 37, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(3)(A) In the case of a member of the uniformed serv-
ices authorized to receive an allowance under paragraph
(1), the Secretary concerned may make a lump-sum pay-
ment to the member for required deposits and advance rent,
and for expenses relating thereto, that are—
‘‘(i) incurred by the member in occupying pri-
vate housing outside of the United States; and
‘‘(ii) authorized or approved under regulations
prescribed by the Secretary concerned.
‘‘(B) Expenses for which a member may be reimbursed
under this paragraph may include losses relating to housing
that are sustained by the member as a result of fluctuations
in the relative value of the currencies of the United States
and the foreign country in which the housing is located.
‘‘(C) The Secretary concerned shall recoup the full
amount of any deposit or advance rent payments made by
the Secretary under subparagraph (A), including any gain
resulting from currency fluctuations between the time of
payment and the time of recoupment.’’.
166
(b) CONFORMING AMENDMENT.—Section 405 of title
37, United States Code, is amended by striking out sub-
section (c).
(c) RETROACTIVE APPLICATION.—The reimbursement
authority provided by section 403(c)(3)(B) of title 37,
United States Code, as added by subsection (a), applies
with respect to losses relating to housing that are sustained,
on or after July 1, 1997, by a member of the uniformed
services as a result of fluctuations in the relative value of
the currencies of the United States and the foreign country
in which the housing is located.
SEC. 603. BASIC ALLOWANCE FOR SUBSISTENCE FOR RE-
SERVES.
(a) IN GENERAL.—Section 402 of title 37, United
States Code, is amended—
(1) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) the following
new subsection:
‘‘(e) SPECIAL RULE FOR CERTAIN ENLISTED RESERVE
MEMBERS.—Unless entitled to basic pay under section 204
of this title, an enlisted member of a reserve component may
receive, at the discretion of the Secretary concerned, rations
in kind, or a part thereof, when the member’s instruction
or duty periods, as described in section 206(a) of this title,
167
total at least eight hours in a calendar day. The Secretary
concerned may provide an enlisted member who could be
provided rations in kind under the preceding sentence with
a commutation when rations in kind are not available.’’.
(b) APPLICATION DURING TRANSITIONAL PERIOD.—
Section 602(d)(1) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 37 U.S.C. 402
note) is amended by adding at the end the following new
subparagraph:
‘‘(D) SPECIAL
RULE
FOR
CERTAIN
EN-
LISTED RESERVE MEMBERS.—Unless entitled to
basic pay under section 204 of title 37, United
States Code, an enlisted member of a reserve
component (as defined in section 101(24) of such
title) may receive, at the discretion of the Sec-
retary concerned (as defined in section 101(5) of
such title), rations in kind, or a part thereof,
when the member’s instruction or duty periods
(as described in section 206(a) of such title) total
at least eight hours in a calendar day. The Sec-
retary concerned may provide an enlisted mem-
ber who could be provided rations in kind under
the preceding sentence with a commutation when
rations in kind are not available.’’.
168
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND
SPECIAL PAY AUTHORITIES FOR RESERVE
FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1999’’ and inserting in lieu thereof
‘‘September 30, 2000’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of title 37, United States Code, is amended
by striking out ‘‘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 out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of
title 37, United States Code, is amended by striking out
‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 2000’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of title 37, United States Code, is amended by
169
striking out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT
BONUS.—Section 308h(g) of title 37, United States Code,
is amended by striking out ‘‘September 30, 1999’’ and in-
serting in lieu thereof ‘‘September 30, 2000’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(f) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1999’’ and inserting in lieu thereof
‘‘September 30, 2000’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED
RESERVE.—Section 16302(d) of title 10, United States
Code, is amended by striking out ‘‘October 1, 1999’’ and
inserting in lieu thereof ‘‘October 1, 2000’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND
SPECIAL PAY AUTHORITIES FOR NURSE OFFI-
CER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code,
is amended by striking out ‘‘September 30, 1999’’ and in-
serting in lieu thereof ‘‘September 30, 2000’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
170
amended by striking out ‘‘September 30, 1999’’ and insert-
ing in lieu thereof ‘‘September 30, 2000’’.
(c) INCENTIVE 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
inserting in lieu thereof ‘‘September 30, 2000’’.
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER BONUSES AND
SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section
301b(a) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1999,’’ and inserting in lieu thereof
‘‘September 30, 2000,’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2000’’.
(c) ENLISTMENT BONUSES FOR MEMBERS WITH CRIT-
ICAL SKILLS.—Sections 308a(c) and 308f(c) of title 37,
United States Code, are each amended by striking out ‘‘Sep-
tember 30, 1999’’ and inserting in lieu thereof ‘‘September
30, 2000’’.
(d) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)
of title 37, United States Code, is amended by striking out
171
‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 2000’’.
(e) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of title 37, United States Code, is amended by strik-
ing out ‘‘September 30, 1999’’ and inserting in lieu thereof
‘‘September 30, 2000’’.
(f) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of title 37, United States Code, is amended
by striking out ‘‘October 1, 1999’’ and inserting in lieu
thereof ‘‘October 1, 2000’’.
SEC. 614. AVIATION CAREER INCENTIVE PAY AND AVIATION
OFFICER RETENTION BONUS.
(a) DEFINITION OF AVIATION SERVICE.—(1) Section
301a(a)(6) of title 37, United States Code, is amended—
(A) by redesignating subparagraphs (A), (B),
and (C) as subparagraphs (B), (C), and (D), respec-
tively; and
(B) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
‘‘(A) The term ‘aviation service’ means service
performed by an officer (except a flight surgeon or
other medical officer) while holding an aeronautical
rating or designation or while in training to receive
an aeronautical rating or designation.’’.
172
(2) Section 301b(j) of such title is amended by striking
out paragraph (1) and inserting in lieu thereof the follow-
ing new paragraph:
‘‘(1) The term ‘aviation service’ means service
performed by an officer (except a flight surgeon or
other medical officer) while holding an aeronautical
rating or designation or while in training to receive
an aeronautical rating or designation.’’.
(b) AMOUNT OF INCENTIVE PAY.—Subsection (b) of
section 301a of such title is amended to read as follows:
‘‘(b)(1) A member who satisfies the requirements de-
scribed in subsection (a) is entitled to monthly incentive
pay as follows:
‘‘Years of aviation service (including
Monthly
flight training) as an officer:
rate
2 or less .....................................................................................................
$125
Over 2 ........................................................................................................
$156
Over 3 ........................................................................................................
$188
Over 4 ........................................................................................................
$206
Over 6 ........................................................................................................
$650
Over 14 ......................................................................................................
$840
Over 22 ......................................................................................................
$585
Over 23 ......................................................................................................
$495
Over 24 ......................................................................................................
$385
Over 25 ......................................................................................................
$250
‘‘(2) An officer in a pay grade above O–6 is entitled,
until the officer completes 25 years of aviation service, to
be paid at the rates set forth in the table in paragraph (1),
except that—
‘‘(A) an officer in pay grade O–7 may not be
paid at a rate greater than $200 a month; and
173
‘‘(B) an officer in pay grade O–8 or above may
not be paid at a rate greater than $206 a month.
‘‘(3) For a warrant officer with over 22, 23, 24, or
25 years of aviation service who is qualified under sub-
section (a), the rate prescribed in the table in paragraph
(1) for officers with over 14 years of aviation service shall
continue to apply to the warrant officer.’’.
(c) REFERENCES TO AVIATION SERVICE.—(1) Section
301a of such title is further amended—
(A) in subsection (a)(4)—
(i) by striking out ‘‘22 years of the officer’s
service as an officer’’ and inserting in lieu there-
of ‘‘22 years of aviation service of the officer’’;
and
(ii) by striking out ‘‘25 years of service as
an officer (as computed under section 205 of this
title)’’ and inserting in lieu thereof ‘‘25 years of
aviation service’’; and
(B) in subsection (d), by striking out ‘‘subsection
(b)(1) or (2), as the case may be, for the performance
of that duty by a member of corresponding years of
aviation or officer service, as appropriate,’’ and in-
serting in lieu thereof ‘‘subsection (b) for the perform-
ance of that duty by a member with corresponding
years of aviation service’’.
174
(2) Section 301b(b)(5) of such title is amended by
striking out ‘‘active duty’’ and inserting in lieu thereof
‘‘aviation service’’.
(d) CONFORMING AMENDMENT.—Section 615 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 1787) is repealed.
SEC. 615. SPECIAL PAY FOR DIVING DUTY.
Section 304(a) of title 37, United States Code, is
amended—
(1) by inserting ‘‘or’’ at the end of paragraph
(1);
(2) in paragraph (2), by striking out ‘‘by fre-
quent and regular dives; and’’ and inserting in lieu
thereof a period; and
(3) by striking out paragraph (3).
SEC. 616. SELECTIVE REENLISTMENT BONUS ELIGIBILITY
FOR RESERVE MEMBERS PERFORMING AC-
TIVE GUARD AND RESERVE DUTY.
Section 308(a)(1)(D) of title 37, United States Code,
is amended to read as follows:
‘‘(D) reenlists or voluntarily extends the mem-
ber’s enlistment for a period of at least three years in
a regular component, or in a reserve component if the
member is performing active Guard and Reserve duty
175
(as defined in section 101(d)(6) of title 10), of the
service concerned;’’.
SEC. 617. REMOVAL OF TEN PERCENT RESTRICTION ON SE-
LECTIVE REENLISTMENT BONUSES.
Section 308(b) of title 37, United States Code, is
amended—
(1) by striking out ‘‘(1)’’ after ‘‘(b)’’; and
(2) by striking out paragraph (2).
SEC. 618. INCREASE IN MAXIMUM AMOUNT OF ARMY EN-
LISTMENT BONUS.
Section 308f(a) of title 37, United States Code, is
amended by striking out ‘‘$4,000’’ and inserting in lieu
thereof ‘‘$6,000’’.
SEC. 619. EQUITABLE TREATMENT OF RESERVES ELIGIBLE
FOR SPECIAL PAY FOR DUTY SUBJECT TO
HOSTILE FIRE OR IMMINENT DANGER.
Section 310(b) of title 37, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) A member of a reserve component who is eligible
for special pay under this section for a month shall receive
the full amount authorized in subsection (a) for that month
regardless of the number of days during that month on
176
which the member satisfies the eligibility criteria specified
in such subsection.’’.
Subtitle C—Travel and
Transportation Allowances
SEC. 631. EXCEPTION TO MAXIMUM WEIGHT ALLOWANCE
FOR BAGGAGE AND HOUSEHOLD EFFECTS.
Section 406(b)(1)(D) of title 37, United States Code,
is amended in the second sentence by inserting before the
period the following: ‘‘, unless the additional weight allow-
ance in excess of such maximum is intended to permit the
shipping of consumables that cannot be reasonably obtained
at the new station of the member’’.
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES
FOR TRAVEL PERFORMED BY MEMBERS IN
CONNECTION WITH REST AND RECUPER-
ATIVE LEAVE FROM OVERSEAS STATIONS.
(a) PROVISION OF TRANSPORTATION.—Section 411c of
title 37, United States Code, is amended by striking out
subsection (b) and inserting in lieu thereof the following
new subsection:
‘‘(b) When the transportation authorized by subsection
(a) is provided by the Secretary concerned, the Secretary
may use Government or commercial carriers. The Secretary
concerned may limit the amount of payments made to
members under subsection (a).’’.
177
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 411c. Travel and transportation allowances: travel
performed in connection with rest and re-
cuperative leave from certain stations in
foreign countries’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 7 of such title is amend-
ed to read as follows:
‘‘411c. Travel and transportation allowances: travel performed in connection with
rest and recuperative leave from certain stations in foreign coun-
tries.’’.
SEC. 633. STORAGE OF BAGGAGE OF CERTAIN DEPEND-
ENTS.
Section 430(b) of title 37, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) At the option of the member, in lieu of the trans-
portation of baggage of a dependent child under paragraph
(1) from the dependent’s school in the continental United
States, the Secretary concerned may pay or reimburse the
member for costs incurred to store the baggage at or in the
vicinity of the school during the dependent’s annual trip
between the school and the member’s duty station. The
amount of the payment or reimbursement may not exceed
178
the cost that the Government would incur to transport the
baggage.’’.
Subtitle D—Retired Pay, Survivor
Benefits, and Related Matters
SEC. 641. EFFECTIVE DATE OF FORMER SPOUSE SURVIVOR
BENEFIT COVERAGE.
(a) 
COORDINATION
OF
PROVISIONS.—Section
1448(b)(3)(C) of title 10, United States Code, is amended
by inserting after ‘‘the Secretary concerned’’ in the second
sentence the following: ‘‘, except that, in the case of an elec-
tion made by a person described in section 1450(f)(3)(B)
of this title, such an election is effective on the first day
of the first month which begins after the date of the court
order or filing involved (in the same manner as provided
under section 1450(f)(3)(D) of this title)’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to elections under section 1448(b)(3)
of title 10, United States Code, that are received by the Sec-
retary concerned on or after the date of the enactment of
this Act.
179
Subtitle E—Other Matters
SEC. 651. DELETION OF CANAL ZONE FROM DEFINITION OF
UNITED 
STATES 
POSSESSIONS 
FOR 
PUR-
POSES OF PAY AND ALLOWANCES.
Section 101(2) of title 37, United States Code, is
amended by striking ‘‘the Canal Zone,’’.
SEC. 652. ACCOUNTING OF ADVANCE PAYMENTS.
Section 1006(e) of title 37, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) Obligations and expenditures incurred for an ad-
vance payment under this section may not be included in
any determination of amounts available for obligation or
expenditure except in the fiscal year in which the advance
payment is ultimately earned and such obligations and ex-
penditures shall be accounted for only in such fiscal year.’’.
SEC. 653. REIMBURSEMENT OF RENTAL VEHICLE COSTS
WHEN MOTOR VEHICLE TRANSPORTED AT
GOVERNMENT EXPENSE IS LATE.
(a) TRANSPORTATION IN CONNECTION WITH CHANGE
OF PERMANENT STATION.—Section 2634 of title 10, United
States Code, is amended—
180
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
‘‘(g) If a motor vehicle of a member (or a dependent
of the member) that is transported at the expense of the
United States under this section does not arrive at the au-
thorized destination of the vehicle by the designated delivery
date, the Secretary concerned shall reimburse the member
for expenses incurred after that date to rent a motor vehicle
for the member’s use, or for the use of the dependent for
whom the delayed vehicle was transported. However, the
amount reimbursed shall not exceed $30 per day, and the
rental period for which reimbursement may be provided
shall expire after seven days or on the date on which the
delayed vehicle finally arrives at the authorized destination
(whichever occurs first).’’.
(b) TRANSPORTATION IN CONNECTION WITH OTHER
MOVES.—Section 406(h) of title 37, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(3) If a motor vehicle of a member (or a dependent
of the member) that is transported at the expense of the
United States under this subsection does not arrive at the
authorized destination of the vehicle by the designated deliv-
ery date, the Secretary concerned shall reimburse the mem-
181
ber for expenses incurred after that date to rent a motor
vehicle for the dependent’s use. However, the amount reim-
bursed shall not exceed $30 per day, and the rental period
for which reimbursement may be provided shall expire after
seven days or on the date on which the delayed vehicle fi-
nally arrives at the authorized destination (whichever oc-
curs first).’’.
(c) TRANSPORTATION IN CONNECTION WITH DEPAR-
TURE ALLOWANCES FOR DEPENDENTS.—Section 405a(b) of
title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) If a motor vehicle of a member (or a dependent
of the member) that is transported at the expense of the
United States under paragraph (1) does not arrive at the
authorized destination of the vehicle by the designated deliv-
ery date, the Secretary concerned shall reimburse the mem-
ber for expenses incurred after that date to rent a motor
vehicle for the dependent’s use. However, the amount reim-
bursed shall not exceed $30 per day, and the rental period
for which reimbursement may be provided shall expire after
seven days or on the date on which the delayed vehicle fi-
nally arrives at the authorized destination (whichever oc-
curs first).’’.
182
(d) TRANSPORTATION IN CONNECTION WITH EFFECTS
OF MISSING PERSONS.—Section 554 of title 37, United
States Code, is amended—
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the following
new subsection:
‘‘(i) If a motor vehicle of a member (or a dependent
of the member) that is transported at the expense of the
United States under this section does not arrive at the au-
thorized destination of the vehicle by the designated delivery
date, the Secretary concerned shall reimburse the dependent
for expenses incurred after that date to rent a motor vehicle
for the dependent’s use. However, the amount reimbursed
shall not exceed $30 per day, and the rental period for
which reimbursement may be provided shall expire after
seven days or on the date on which the delayed vehicle fi-
nally arrives at the authorized destination (whichever oc-
curs first).’’.
(e) APPLICATION OF AMENDMENTS.—Reimbursement
for motor vehicle rental expenses may not be provided under
the amendments made by this section until after the date
on which the Secretary of Defense submits to Congress a
report certifying that the Department of Defense has in
place and operational a system to recover the cost to the
183
Department of providing such reimbursement from com-
mercial carriers that are responsible for the delay in the
delivery of the motor vehicles of members of the Armed
Forces and their dependents. The amendments shall apply
with respect to rental expenses described in such amend-
ments that are incurred on or after the date of the submis-
sion of the report.
SEC. 654. EDUCATION LOAN REPAYMENT PROGRAM FOR
CERTAIN 
HEALTH 
PROFESSION 
OFFICERS
SERVING IN SELECTED RESERVE.
(a) LOAN REPAYMENT AMOUNTS.—Section 16302(c) of
title 10, United States Code, is amended—
(1) in paragraph (2), by striking out ‘‘$3,000’’
and inserting in lieu thereof ‘‘$10,000’’; and
(2) in paragraph (3), by striking out ‘‘$20,000’’
and inserting in lieu thereof ‘‘$50,000’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 1998.
TITLE VII—HEALTH CARE
PROVISIONS
Subtitle A—Health Care Services
SEC. 701. EXPANSION OF DEPENDENT ELIGIBILITY UNDER
RETIREE DENTAL PROGRAM.
(a) IN GENERAL.—Subsection (b) of section 1076c of
title 10, United States Code, is amended—
184
(1) by redesignating paragraph (4) as para-
graph (5); and
(2) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) Eligible dependents of a member described
in paragraph (1) or (2) who is not enrolled in the
plan and who—
‘‘(A) is enrolled under section 1705 of title
38 to receive dental care from the Secretary of
Veterans Affairs;
‘‘(B) is enrolled in a dental plan that—
‘‘(i) is available to the member as a re-
sult of employment by the member that is
separate from the military service of the
member; and
‘‘(ii) is not available to dependents of
the member as a result of such separate em-
ployment by the member; or
‘‘(C) is prevented by a medical or dental
condition from being able to obtain benefits
under the plan.’’.
(b) CONFORMING AMENDMENT.—Subsection (f)(3) of
such section is amended by striking out ‘‘(b)(4)’’ and insert-
ing in lieu thereof ‘‘(b)(5)’’.
185
SEC. 702. PLAN FOR PROVISION OF HEALTH CARE FOR
MILITARY RETIREES AND THEIR DEPEND-
ENTS COMPARABLE TO HEALTH CARE PRO-
VIDED UNDER TRICARE PRIME.
(a) REQUIREMENT TO SUBMIT PLAN.—(1) The Sec-
retary of Defense shall submit to Congress—
(A) a plan under which the Secretary would
guarantee access, for covered beneficiaries described in
subsection (b), to health care that is comparable to the
health care provided to covered beneficiaries under
chapter 55 of title 10, United States Code, under
TRICARE Prime (as defined in subsection (d) of sec-
tion 1097a of such title (as added by section 712));
and
(B) a legislative proposal and cost estimate for
implementing the plan.
(2) The plan required under paragraph (1)(A) shall
provide for guaranteed access to such health care for such
covered beneficiaries by October 1, 2001.
(b) COVERED BENEFICIARIES.—A covered beneficiary
under this subsection is an individual who is a covered ben-
eficiary under chapter 55 of title 10, United States Code,
who—
(1) is a member or former member of the Armed
Forces entitled to retired pay under such title; or
186
(2) is a dependent (as that term is defined in
section 1072(2) of such chapter) of such a member.
(c) DEADLINE FOR SUBMISSION.—The Secretary shall
submit the plan required by subsection (a) not later than
March 1, 1999.
SEC. 703. PLAN FOR REDESIGN OF MILITARY PHARMACY
SYSTEM.
(a) PLAN REQUIRED.—The Secretary of Defense shall
submit to Congress a plan that would provide for a system-
wide redesign of the military and contractor retail and
mail-order pharmacy system of the Department of Defense
by incorporating ‘‘best business practices’’ of the private
sector. The Secretary shall work with contractors of
TRICARE retail pharmacy and national mail-order phar-
macy programs to develop a plan for the redesign of the
pharmacy system that—
(1) may include a plan for an incentive-based
formulary for military medical treatment facilities
and contractors of TRICARE retail pharmacies and
the national mail-order pharmacy; and
(2) shall include a plan for each of the following:
(A) A uniform formulary for such facilities
and contractors.
(B) A centralized database that integrates
the patient databases of pharmacies of military
187
medical treatment facilities and contractor retail
and mail-order programs to implement auto-
mated prospective drug utilization review sys-
tems.
(C) A system-wide drug benefit for covered
beneficiaries under chapter 55 of title 10, United
States Code, who are entitled to hospital insur-
ance benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq.).
(b) SUBMISSION OF PLAN.—The Secretary shall sub-
mit the plan required under subsection (a) not later than
March 1, 1999.
(c) SUSPENSION OF IMPLEMENTATION OF PROGRAM.—
The Secretary shall suspend any plan to establish a na-
tional retail pharmacy program for the Department of De-
fense until—
(1) the plan required under subsection (a) is sub-
mitted; and
(2) the Secretary implements cost-saving reforms
with respect to the military and contractor retail and
mail order pharmacy system.
188
SEC. 704. TRANSITIONAL AUTHORITY TO PROVIDE CONTIN-
UED HEALTH CARE COVERAGE FOR CERTAIN
PERSONS UNAWARE OF LOSS OF CHAMPUS
ELIGIBILITY.
(a) TRANSITIONAL COVERAGE.—The administering
Secretaries may continue eligibility of a person described
in subsection (b) for health care coverage under the Civilian
Health and Medical Program of the Uniformed Services
based on a determination that such continuation is appro-
priate to assure health care coverage for any such person
who may have been unaware of the loss of eligibility to re-
ceive health benefits under that program.
(b) PERSONS ELIGIBLE.—A person shall be eligible for
transitional health care coverage under subsection (a) if the
person—
(1) is a person described in paragraph (1) of
subsection (d) of section 1086 of title 10, United
States Code;
(2) in the absence of such paragraph, would be
eligible for health benefits under such section; and
(3) satisfies the criteria specified in subpara-
graphs (A) and (B) of paragraph (2) of such sub-
section.
(c) EXTENT OF TRANSITIONAL AUTHORITY.—The au-
thority to continue eligibility under this section shall apply
189
with respect to health care services provided between Octo-
ber 1, 1998, and July 1, 1999.
(d) DEFINITION.—In this section, the term ‘‘admin-
istering Secretaries’’ has the meaning given that term in
section 1072(3) of title 10, United States Code.
Subtitle B—TRICARE Program
SEC. 711. PAYMENT OF CLAIMS FOR PROVISION OF HEALTH
CARE UNDER THE TRICARE PROGRAM FOR
WHICH A THIRD PARTY MAY BE LIABLE.
(a) IN GENERAL.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1095a
the following new section:
‘‘§ 1095b. TRICARE program: contractor payment of
certain claims
‘‘(a) PAYMENT OF CLAIMS.—(1) The Secretary of De-
fense may authorize a contractor under the TRICARE pro-
gram to pay a claim described in paragraph (2) before seek-
ing to recover from a third-party payer the costs incurred
by the contractor to provide health care services that are
the basis of the claim to a beneficiary under such program.
‘‘(2) A claim under this paragraph is a claim—
‘‘(A) that is submitted to the contractor by a
provider under the TRICARE program for payment
for services for health care provided to a covered bene-
ficiary; and
190
‘‘(B) that is identified by the contractor as a
claim for which a third-party payer may be liable.
‘‘(b) RECOVERY FROM THIRD-PARTY PAYERS.—A con-
tractor for the provision of health care services under the
TRICARE program that pays a claim described in sub-
section (a)(2) shall have the right to collect from the third-
party payer the costs incurred by such contractor on behalf
of the covered beneficiary. The contractor shall have the
same right to collect such costs under this subsection as the
right of the United States to collect costs under section 1095
of this title.
‘‘(c) DEFINITION OF THIRD-PARTY PAYER.—In this
section, the term ‘third-party payer’ has the meaning given
that term in section 1095(h) of this title, except that such
term excludes primary medical insurers.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 1095a the following new item:
‘‘1095b. TRICARE program: contractor payment of certain claims.’’.
SEC. 712. PROCEDURES REGARDING ENROLLMENT IN
TRICARE PRIME.
(a) IN GENERAL.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1097 the
following new section:
191
‘‘§ 1097a. Enrollment in TRICARE Prime: procedures
‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPEND-
ENTS.—The Secretary of Defense shall establish procedures
under which dependents of members of the armed forces on
active duty who reside in the catchment area of a military
medical treatment facility shall be automatically enrolled
in TRICARE Prime at the military medical treatment fa-
cility. The Secretary shall provide notice in writing to the
member regarding such enrollment.
‘‘(b) AUTOMATIC CONTINUATION OF ENROLLMENT.—
The Secretary of Defense shall establish procedures under
which enrollment of covered beneficiaries in TRICARE
Prime shall automatically continue until such time as the
covered beneficiary elects to disenroll or is no longer eligible
for enrollment.
‘‘(c) OPTION FOR RETIREES TO DEDUCT FEE FROM
PAY.—The Secretary of Defense shall establish procedures
under which a retired member of the armed forces may elect
to have any fees payable by the member for enrollment in
TRICARE Prime withheld from the retired pay of the mem-
ber (if pay is available to the member).
‘‘(d) DEFINITION OF TRICARE PRIME.—In this sec-
tion, the term ‘TRICARE Prime’ means the managed care
option of the TRICARE program known as TRICARE
Prime.’’.
192
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1097 the following new item:
‘‘1097a. Enrollment in TRICARE Prime: procedures.’’.
(b) DEADLINE FOR IMPLEMENTATION.—The Secretary
of Defense shall establish the procedures required under sec-
tion 1097a of title 10, United States Code, as added by sub-
section (a), not later than April 1, 1999.
Subtitle C—Other Matters
SEC. 721. INFLATION ADJUSTMENT OF PREMIUM AMOUNTS
FOR DEPENDENTS DENTAL PROGRAM.
Section 1076a(b)(2) of title 10, United States Code, is
amended by inserting after ‘‘$20 per month’’ the following:
‘‘(in 1993 dollars, as adjusted for inflation in each year
thereafter)’’.
SEC. 722. SYSTEM FOR TRACKING DATA AND MEASURING
PERFORMANCE IN MEETING TRICARE ACCESS
STANDARDS.
(a) REQUIREMENT TO ESTABLISH SYSTEM.—(1) The
Secretary of Defense shall establish a system—
(A) to track data regarding access of covered
beneficiaries under chapter 55 of title 10, United
States Code, to primary health care under the
TRICARE program; and
(B) to measure performance in increasing such
access against the primary care access standards es-
193
tablished by the Secretary under the TRICARE pro-
gram.
(2) In implementing the system described in para-
graph (1), the Secretary shall collect data on the timeliness
of appointments and precise waiting times for appoint-
ments in order to measure performance in meeting the pri-
mary care access standards established under the
TRICARE program.
(b) DEADLINE FOR ESTABLISHMENT.—The Secretary
shall establish the system described in subsection (a) not
later than April 1, 1999.
SEC. 723. AIR FORCE RESEARCH, DEVELOPMENT, TRAINING,
AND EDUCATION ON EXPOSURE TO CHEMI-
CAL, BIOLOGICAL, AND RADIOLOGICAL HAZ-
ARDS.
(a) IN GENERAL.—The Secretary of the Air Force is
hereby authorized to—
(1) conduct research on the health-related, envi-
ronmental, and ecological effects of exposure to chemi-
cal, biological, and radiological hazards;
(2) develop new risk-assessment methods and in-
struments with respect to exposure to such hazards,
including more accurate risk assessment tools to sup-
port the Air Force Enhanced Site Specific Risk As-
sessment; and
194
(3) educate and train researchers with respect to
exposure to such hazards.
(b) ACTIVITIES TO BE CONDUCTED.—Research and
development conducted under subsection (a) includes—
(1) development of equipment to monitor soil
and ground water contamination and the impact of
such contamination on the biosystem chain;
(2) implementation of a cross-sectional epidemio-
logical study of exposure to jet fuel; and
(3) implementation of a health-risk assessment
regarding exposure to jet fuel.
SEC. 724. AUTHORIZATION TO ESTABLISH A LEVEL 1 TRAU-
MA TRAINING CENTER.
The Secretary of the Army is hereby authorized to es-
tablish a Level 1 Trauma Training Center (as designated
by the American College of Surgeons) in order to provide
the Army with a trauma center capable of training forward
surgical teams.
SEC. 725. REPORT ON IMPLEMENTATION OF ENROLLMENT-
BASED CAPITATION FOR FUNDING FOR MILI-
TARY MEDICAL TREATMENT FACILITIES.
(a) REPORT REQUIRED.—The Secretary of Defense
shall submit to Congress a report on the potential impact
of using an enrollment-based capitation methodology to al-
195
locate funds for military medical treatment facilities. The
report shall address the following:
(1) A description of the plans of the Secretary to
implement an enrollment-based capitation methodol-
ogy for military medical treatment facilities and with
respect to contracts for the delivery of health care
under the TRICARE program.
(2) The justifications for implementing an en-
rollment-based capitation methodology without first
conducting a demonstration project for implementa-
tion of such methodology.
(3) The impact that implementation of an en-
rollment based capitation methodology would have on
the provision of space-available care at military med-
ical treatment facilities, particularly in the case of
care for—
(A) military retirees entitled who are enti-
tled to hospital insurance benefits under part A
of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.); and
(B) covered beneficiaries under chapter 55
of title 10, United States Code, who reside out-
side the catchment area of a military medical
treatment facility.
196
(4) The impact that implementation of an en-
rollment-based capitation methodology would have
with respect to the pharmacy benefits provided at
military medical treatment facilities, given that the
enrollment-based capitation methodology would fund
military medical treatment facilities based on the
number of members at such facilities enrolled in
TRICARE Prime, but all covered beneficiaries may
fill prescriptions at military medical treatment facil-
ity pharmacies.
(5) An explanation of how additional funding
will be provided for a military medical treatment fa-
cility if an enrollment-based capitation methodology
is implemented to ensure that space-available care
and pharmacy coverage can be provided to covered
beneficiaries who are not enrolled at the military
medical treatment facility, and the amount of fund-
ing that will be available.
(6) An explanation of how implementation of an
enrollment-based capitation methodology would im-
pact the provision of uniform benefits under
TRICARE Prime, and how the Secretary would en-
sure, if such methodology were implemented, that the
provision of health care under TRICARE Prime
would not be bifurcated between the provision of such
197
care at military medical treatment facilities and the
provision of such care from civilian providers.
(b) DEADLINE FOR SUBMISSION.—The Secretary shall
submit the report required by subsection (a) not later than
March 1, 1999.
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS
SEC. 801. LIMITATION ON PROCUREMENT OF AMMUNITION
AND COMPONENTS.
(a) LIMITATION.—Section 2534(a) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(6) AMMUNITION.—Ammunition or ammuni-
tion components.’’.
(b) EFFECTIVE DATE.—Paragraph (6) of section
2534(a) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to contracts entered
into after September 30, 1998.
SEC. 802. ACQUISITION CORPS ELIGIBILITY.
Section 1732(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(3) The requirement of subsection (b)(1)(A) shall not
apply to an employee who served in an Acquisition Corps
198
in a position within grade GS–13 or above of the General
Schedule and who is placed in another position which is
in a grade lower than GS–13 of the General Schedule, or
whose position is reduced in grade to a grade lower than
GS–13 of the General Schedule, as a result of reduction-
in-force procedures, the realignment or closure of a military
installation, or another reason other than for cause.’’.
SEC. 803. AMENDMENTS RELATING TO PROCUREMENT
FROM FIRMS IN INDUSTRIAL BASE FOR PRO-
DUCTION OF SMALL ARMS.
(a) REQUIREMENT TO LIMIT PROCUREMENTS TO CER-
TAIN SOURCES.—Subsection (a) of section 2473 of title 10,
United States Code, is amended—
(1) in the heading, by striking out the first word
and inserting in lieu thereof ‘‘REQUIREMENT’’; and
(2) by striking out ‘‘To the extent that the Sec-
retary of Defense determines necessary to preserve the
small arms production industrial base, the Secretary
may’’ and inserting in lieu thereof ‘‘In order to pre-
serve the small arms production industrial base, the
Secretary of Defense shall’’.
(b) ADDITIONAL COVERED PROPERTY
AND SERV-
ICES.—Subsection (b) of such section is amended—
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
199
(2) by inserting before paragraph (2), as so re-
designated, the following new paragraph:
‘‘(1) Small arms end items.’’;
(3) in paragraph (2), as so redesignated, by in-
serting before the period the following: ‘‘, if those
parts are manufactured under a contract with the De-
partment of Defense to produce the end item’’; and
(4) by adding after paragraph (3) the following
new paragraph:
‘‘(4) Repair parts consisting of barrels, receivers,
and bolts for small arms, whether or not the small
arms are in production under a contract with the De-
partment of Defense at the time of production of such
repair parts.’’.
(c) RELATIONSHIP TO OTHER PROVISIONS OF LAW.—
Such section is further amended by adding at the end the
following new subsection:
‘‘(d) RELATIONSHIP TO OTHER PROVISIONS.—(1) If a
procurement under subsection (a) is a procurement of a
commercial item, the Secretary may, notwithstanding sec-
tion 2306(b)(1)(B) of this title, require the submission of
certified cost or pricing data under section 2306(a) of this
title.
‘‘(2) Subsection (a) is a requirement for purposes of
section 2304(c)(5) of this title.’’.
200
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND
MANAGEMENT
SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISI-
TION WORKFORCE.
(a) REDUCTION
IN DEFENSE ACQUISITION WORK-
FORCE.—Chapter 87 of title 10, United States Code, is
amended by adding at the end the following new section:
‘‘§ 1765. Limitation on number of personnel
‘‘(a) LIMITATION.—Effective October 1, 2001, the num-
ber of defense acquisition personnel may not exceed the base-
line number reduced by 70,000.
‘‘(b) PHASED REDUCTION.—The number of defense ac-
quisition personnel—
‘‘(1) as of October 1, 1999, may not exceed the
baseline number reduced by 25,000; and
‘‘(2) as of October 1, 2000, may not exceed the
baseline number reduced by 50,000.
‘‘(c) BASELINE NUMBER.—For purposes of this sec-
tion, the baseline number is the total number of defense ac-
quisition personnel as of October 1, 1998.
‘‘(d) DEFENSE ACQUISITION PERSONNEL DEFINED.—
In this section, the term ‘defense acquisition personnel’
means military and civilian personnel (other than civilian
personnel who are employed at a maintenance depot) who
201
are assigned to, or employed in, acquisition organizations
of the Department of Defense (as specified in Department
of Defense Instruction numbered 5000.58 dated January 14,
1992).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter V of such chapter is amended
by adding at the end the following new item:
‘‘1765. Limitation on number of personnel.’’.
SEC. 902. LIMITATION ON OPERATION AND SUPPORT
FUNDS FOR THE OFFICE OF THE SECRETARY
OF DEFENSE.
Of the amount available for fiscal year 1999 for oper-
ation and support activities of the Office of the Secretary
of Defense, not more than 90 percent may be obligated until
each of the following reports has been submitted:
(1) The report required to be submitted to the
congressional defense committees by section 904(b) of
the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104–201; 110 Stat. 2619).
(2) The reports required to be submitted to Con-
gress by sections 911(b) and 911(c) of the National
Defense Authorization Act for Fiscal Year 1998 (Pub-
lic Law 105–85; 111 Stat. 1858, 1859).
202
SEC. 903. REVISION TO DEFENSE DIRECTIVE RELATING TO
MANAGEMENT HEADQUARTERS AND HEAD-
QUARTERS SUPPORT ACTIVITIES.
Not later than October 1, 1999, the Secretary of De-
fense shall issue a revision to Department of Defense Direc-
tive 5100.73, entitled ‘‘Department of Defense Management
Headquarters and Headquarters Support Activities’’, so as
to incorporate in that directive the following:
(1) A threshold specified by command (or other
organizational element) such that any headquarters
activity below the threshold is not considered for the
purpose of the directive to be a management head-
quarters or headquarters support activity.
(2) A definition of the term ‘‘management head-
quarters and headquarters support activities’’ that
(A) is based upon function (rather than organiza-
tion), and (B) includes any activity (other than an
operational activity) that reports directly to such an
activity.
(3) Uniform application of those definitions
throughout the Department of Defense.
203
SEC. 904. UNDER SECRETARY OF DEFENSE FOR POLICY
TO 
HAVE 
RESPONSIBILITY 
WITH
RESPECT TO EXPORT CONTROL ACTIVITIES
OF THE DEPARTMENT OF DEFENSE.
(a) FUNCTIONS OF THE UNDER SECRETARY.—Section
134(b)(1) of title 10, United States Code, is amended by
adding at the end the following new sentence: ‘‘The Under
Secretary shall have responsibility for overall supervision
of activities of the Department of Defense relating to export
controls.’’.
(b) IMPLEMENTATION REPORT.—Not later than 30
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives a report on the plans
of the Secretary for the implementation of the amendment
made by subsection (a). The report shall include—
(1) a description of any organizational changes
within the Department of Defense to be made in order
to implement that amendment; and
(2) a description of the role of the Chairman of
the Joint Chiefs of Staff with respect to export control
activities of the Department following the implemen-
tation of the amendment made by subsection (a) and
how that role compares to the practice in effect before
such implementation.
204
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be implemented not later than 45 days
after the date of the enactment of this Act.
SEC. 
905. 
INDEPENDENT 
TASK 
FORCE 
ON 
TRANS-
FORMATION AND DEPARTMENT OF DEFENSE
ORGANIZATION.
(a) FINDINGS.—Congress finds the following:
(1) The post-Cold War era is marked by geo-
political uncertainty and by accelerating techno-
logical change, particularly with regard to informa-
tion technologies.
(2) The combination of that geopolitical uncer-
tainty and accelerating technological change portends
a transformation in the conduct of war, particularly
in ways that are likely to increase the effectiveness of
joint force operations.
(3) The Department of Defense must be orga-
nized appropriately in order to fully exploit the op-
portunities offered by, and to meet the challenges
posed by, this anticipated transformation in the con-
duct of war.
(4) The basic organization of the Department of
Defense was established by the National Security Act
of 1947 and the 1949 amendments to that Act.
205
(5) The Goldwater-Nichols Department of De-
fense Reorganization Act of 1986 (Public Law 99–
433) dramatically improved the capability of the De-
partment of Defense to carry out operations involving
joint forces, but did not address adequately issues per-
taining to the development of joint forces.
(6) In the future, the ability to achieve improved
operations of joint forces, particularly under rapidly
changing technological conditions, will depend on im-
proved force development for joint forces.
(b) INDEPENDENT TASK FORCE ON TRANSFORMATION
AND DEPARTMENT OF DEFENSE ORGANIZATION.—The Sec-
retary of Defense shall establish a task force of the Defense
Science Board to examine the current organization of the
Department of Defense with regard to the appropriateness
of that organization for preparing for a transformation in
the conduct of war. The task force shall be established not
later than November 1, 1998.
(c) DUTIES OF THE TASK FORCE.—The task force
shall assess, and shall make recommendations for the appro-
priate organization of, the Office of the Secretary of Defense,
the Joint Chiefs of Staff, the individual Armed Forces, and
the executive parts of the military departments for the pur-
pose of preparing the Department of Defense for a trans-
formation in the conduct of war. In making those assess-
206
ments and developing those recommendations, the task force
shall review the following:
(1) The general organization of the Department
of Defense, including whether responsibility and au-
thority for issues relating to a transformation in the
conduct of war are appropriately allocated, especially
among the Office of the Secretary of Defense, the Joint
Chiefs of Staff, and the individual Armed Forces.
(2) The joint requirements process and the re-
quirements processes for each of the Armed Forces, in-
cluding the establishment of measures of effectiveness
and methods for resource allocation.
(3) The process and organizations responsible for
doctrinal development, including the appropriate re-
lationship between joint force and service doctrine
and doctrinal development organizations.
(4) The current programs and organizations
under the Office of the Secretary of Defense, the Joint
Chiefs of Staff and the Armed Forces devoted to inno-
vation and experimentation related to a trans-
formation in the conduct of war, including the appro-
priateness of—
(A) conducting joint field tests;
(B) establishing a separate unified com-
mand as a joint forces command to serve, as its
207
sole function, as the trainer, provider, and devel-
oper of forces for joint operations;
(C) establishing a Joint Concept Develop-
ment Center to monitor exercises and develop
measures of effectiveness, analytical concepts,
models, and simulations appropriate for under-
standing the transformation in the conduct of
war;
(D) establishing a Joint Battle Laboratory
headquarters to conduct joint experimentation
and to integrate the similar efforts of the Armed
Forces; and
(E) establishing an Assistant Secretary of
Defense for transformation in the conduct of
war.
(5) Joint training establishments and training
establishments of the Armed Forces, including those
devoted to professional military education, and the
appropriateness of establishing national training cen-
ters.
(6) Other issues relating to a transformation in
the conduct of war that the Secretary considers ap-
propriate.
(d) REPORT.—The task force shall submit to the Sec-
retary of Defense a report containing its assessments and
208
recommendations not later than February 1, 1999. The Sec-
retary shall submit the report to the Committee on National
Security of the House of Representatives and the Committee
on Armed Services of the Senate not later than March 1,
1999, together with the recommendations and comments of
the Secretary of Defense.
SEC. 906. IMPROVED ACCOUNTING FOR DEFENSE CON-
TRACT SERVICES.
(a) IN GENERAL.—(1) Chapter 131 of title 10, United
States Code, is amended by inserting after section 2211 the
following new section:
‘‘§ 2212. Obligations for contract services: reporting in
budget object classes
‘‘(a) LIMITATION ON REPORTING IN MISCELLANEOUS
SERVICES OBJECT CLASS.—The Secretary of Defense shall
ensure that, in reporting to the Office of Management and
Budget (pursuant to OMB Circular A–11 (relating to prep-
aration and submission of budget estimates)) obligations of
the Department of Defense for any period of time for con-
tract services, no more than 15 percent of the total amount
of obligations so reported is reported in the miscellaneous
services object class.
‘‘(b) DEFINITION OF REPORTING CATEGORIES FOR AD-
VISORY AND ASSISTANCE SERVICES.—In carrying out sec-
tion 1105(g) of title 31 for the Department of Defense (and
209
in determining what services are to be reported to the Office
of Management and Budget in the advisory and assistance
services object class), the Secretary of Defense shall apply
to the terms used for the definition of ‘advisory and assist-
ance services’ in paragraph (2)(A) of that section the follow-
ing meanings:
‘‘(1) MANAGEMENT AND PROFESSIONAL SUPPORT
SERVICES.—The term ‘management and professional
support services’ (used in clause (i) of section
1105(g)(2)(A) of title 31) means services that provide
engineering or technical support, assistance, advice,
or training for the efficient and effective management
and operation of organizations, activities, or systems.
Those services—
‘‘(A) are closely related to the basic respon-
sibilities and mission of the using organization;
and
‘‘(B) include efforts that support or contrib-
ute to improved organization or program man-
agement, logistics management, project monitor-
ing and reporting, data collection, budgeting, ac-
counting, auditing, and administrative or tech-
nical support for conferences and training pro-
grams.
210
‘‘(2) STUDIES, ANALYSES, AND EVALUATIONS.—
The term ‘studies, analyses, and evaluations’ (used in
clause (ii) of section 1105(g)(2)(A) of title 31) means
services that provide organized, analytic assessments
to understand or evaluate complex issues to improve
policy development, decisionmaking, management, or
administration and that result in documents contain-
ing data or leading to conclusions or recommenda-
tions. Those services may include databases, models,
methodologies, and related software created in support
of a study, analysis, or evaluation.
‘‘(3) ENGINEERING AND TECHNICAL SERVICES.—
The term ‘engineering and technical services’ (used in
clause (iii) of section 1105(g)(2)(A) of title 31) means
services that take the form of advice, assistance, train-
ing, or hands-on training necessary to maintain and
operate fielded weapon systems, equipment, and com-
ponents (including software when applicable) at de-
sign or required levels of effectiveness.
‘‘(c) PROPER CLASSIFICATION OF ADVISORY AND AS-
SISTANCE SERVICES.—Before the submission to the Office
of Management and Budget of the proposed Department of
Defense budget for inclusion in the President’s budget for
a fiscal year pursuant to section 1105 of title 31, the Sec-
retary of Defense, acting through the Under Secretary of
211
Defense (Comptroller), shall review all Department of De-
fense services expected to be performed as contract services
during the fiscal year for which that budget is to be submit-
ted in order to ensure that those services that are advisory
and assistance services (as defined in accordance with sub-
section (b)) are in fact properly classified, in accordance
with that subsection, in the advisory and assistance services
object class.
‘‘(d) INFORMATION ON SERVICE CONTRACTS.—In car-
rying out the annual review under subsection (c) of Depart-
ment of Defense services expected to be performed as con-
tract services during the next fiscal year, the Secretary (act-
ing through the Under Secretary (Comptroller)) shall con-
duct an assessment of the total non-Federal effort that re-
sulted from the performance of all contracts for such services
during the preceding fiscal year and the total non-Federal
effort that resulted, or that is expected to result, from the
performance of all contracts for such services during the
current fiscal year and the next fiscal year. The assessment
shall include determination of the following for each such
year:
‘‘(1) The amount expended or expected to be ex-
pended for non-Federal contract services, shown for
the Department of Defense as a whole and displayed
212
by contract services object class for each DOD organi-
zation.
‘‘(2) The amount expended or expected to be ex-
pended for contract services competed under OMB
Circular A–76 or a similar process, shown for the De-
partment of Defense as a whole and displayed by con-
tract services object class for each DOD organization.
‘‘(3) The number of private sector workyears per-
formed or expected to be performed in connection with
the performance of non-Federal contract services,
shown for the Department of Defense as a whole and
displayed by contract services object class for each
DOD organization.
‘‘(4) Any other information that the Secretary
(acting through the Under Secretary) determines to be
relevant and of value.
‘‘(e) REPORT TO CONGRESS.—The Secretary shall sub-
mit to Congress each year, not later than 30 days after the
date on which the budget for the next fiscal year is submit-
ted pursuant to section 1105 of title 31, a report containing
the information derived from the assessment under sub-
section (d).
‘‘(f) ASSESSMENT BY COMPTROLLER GENERAL.—(1)
The Comptroller General shall conduct a review of the re-
213
port of the Secretary of Defense under subsection (e) each
year and shall—
‘‘(A) assess the methodology used by the Sec-
retary in obtaining the information submitted to
Congress in that report; and
‘‘(B) assess the information submitted to Con-
gress in that report.
‘‘(2) Not later than 120 days after the date on which
the Secretary submits to Congress the report required under
subsection (e) for any year, the Comptroller General shall
submit to Congress the Comptroller General’s report con-
taining the results of the review for that year under para-
graph (1).
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘contract services’ means all serv-
ices that are reported to the Office of Management
and Budget pursuant to OMB Circular A–11 (relat-
ing to preparation and submission of budget esti-
mates) in budget object classes that are designated in
the Object Class 25 series.
‘‘(2) The term ‘advisory and assistance services
object class’ means those contract services constituting
the budget object class that is denominated ‘Advisory
and Assistance Service and designated (as the date of
the enactment of this section) as Object Class 25.1 (or
214
any similar object class established after the date of
the enactment of this section for the reporting of obli-
gations for advisory and assistance contract services).
‘‘(3) The term ‘miscellaneous services object class’
means those contract services constituting the budget
object class that is denominated ‘Other Services (serv-
ices not otherwise specified in the 25 series)’ and des-
ignated (as the date of the enactment of this section)
as Object Class 25.2 (or any similar object class estab-
lished after the date of the enactment of this section
for the reporting of obligations for miscellaneous or
unspecified contract services).
‘‘(4) The term ‘DOD organization’ means—
‘‘(A) the Office of the Secretary of Defense;
‘‘(B) each military department;
‘‘(C) the Joint Chiefs of Staff and the uni-
fied and specified commands;
‘‘(D) each Defense Agency; and
‘‘(E) each Department of Defense Field Ac-
tivity.
‘‘(5) The term ‘private sector workyear’ means
an amount of labor equivalent to the total number of
hours of labor that an individual employed on a full-
time equivalent basis by the Federal Government per-
forms in a given year.’’.
215
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2211 the following new item:
‘‘2212. Obligations for contract services: reporting in budget object classes.’’.
(b) TRANSITION.—For the budget for fiscal year 2000,
and the reporting of information to the Office of Manage-
ment and Budget in connection with the preparation of that
budget, section 2212 of title 10, United States Code, as
added by subsection (a), shall be applied by substituting
‘‘30 percent’’ in subsection (a) for ‘‘15 percent’’.
(c) INITIAL CLASSIFICATION OF ADVISORY AND AS-
SISTANCE SERVICES.—Not later than February 1, 1999, the
Secretary of Defense, acting through the Under Secretary
of Defense (Comptroller), shall review all Department of De-
fense services performed or expected to be performed as con-
tract services during fiscal year 1999 in order to ensure
that those services that are advisory and assistance services
(as defined in accordance with subsection (b) of section
2212 of title 10, United States Code, as added by subsection
(a)) are in fact properly classified, in accordance with that
subsection, in the advisory and assistance services object
class (as defined in subsection (g)(2) of that section).
(d) FISCAL
YEAR
1999 REDUCTION.—The total
amount that may be obligated by the Secretary of Defense
for contracted advisory and assistance services from
amounts appropriated for fiscal year 1999 is the amount
216
programmed for those services resulting from the review re-
ferred to in subsection (c) reduced by $500,000,000.
SEC. 907. REPEAL OF REQUIREMENT RELATING TO ASSIGN-
MENT OF TACTICAL AIRLIFT MISSION TO RE-
SERVE COMPONENTS.
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 Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public
Law 102–190; 105 Stat. 1460), is repealed.
SEC. 908. REPEAL OF CERTAIN REQUIREMENTS RELATING
TO INSPECTOR GENERAL INVESTIGATIONS
OF REPRISAL COMPLAINTS.
(a) REPEAL OF REQUIREMENT OF NOTICE THAT IN-
VESTIGATION WILL TAKE MORE THAN 90 DAYS.—Sub-
section (e) of section 1034 of title 10, United States Code,
is amended—
(1) by striking out paragraph (3);
(2) by redesignating paragraph (4) as para-
graph (3).
(b) REPEAL OF REQUIREMENT FOR POST-DISPOSITION
INTERVIEW WITH COMPLAINANT.—Such section is further
amended by striking out subsection (h).
217
SEC. 909. CONSULTATION WITH COMMANDANT OF THE MA-
RINE CORPS REGARDING MARINE CORPS
AVIATION.
(a) IN GENERAL.—Chapter 503 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 5026. Consultation with Commandant of the Ma-
rine Corps regarding Marine Corps avia-
tion
‘‘The Secretary of the Navy shall require that the views
of the Commandant of the Marine Corps be obtained before
a milestone decision or other major decision is made by an
element of the Department of the Navy outside the Marine
Corps in a procurement matter, a research, development,
test, and evaluation matter, or a depot-level maintenance
matter that concerns Marine Corps aviation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘5026. Consultation with Commandant of the Marine Corps regarding Marine
Corps aviation.’’.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)
Upon determination by the Secretary of Defense that such
218
action is necessary in the national interest, the Secretary
may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year
1999 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Sec-
retary of Defense may transfer under the authority of this
section may not exceed $2,000,000,000.
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
(1) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred
by an amount equal to the amount transferred.
(d) NOTICE
TO
CONGRESS.—The Secretary shall
promptly notify Congress of each transfer made under sub-
section (a).
219
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX.—The Classified
Annex prepared by the Committee on National Security of
the House of Representatives to accompany H.R. 3616 of
the One Hundred Fifth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS
OF
ACT.—The amounts specified in the Classified Annex are
not in addition to amounts authorized to be appropriated
by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appro-
priated pursuant to an authorization contained in this Act
that are made available for a program, project, or activity
referred to in the Classified Annex may only be expended
for such program, project, or activity in accordance with
such terms, conditions, limitations, restrictions, and re-
quirements as are set out for that program, project, or activ-
ity in the Classified Annex.
(d) DISTRIBUTION
OF
CLASSIFIED
ANNEX.—The
President shall provide for appropriate distribution of the
Classified Annex, or of appropriate portions of the annex,
within the executive branch of the Government.
SEC. 1003. OUTLAY LIMITATIONS.
(a) DEPARTMENT OF DEFENSE.—The Secretary of De-
fense shall ensure that outlays of the Department of Defense
during fiscal year 1999 from amounts appropriated or oth-
220
erwise available to the Department of Defense for military
functions of the Department of Defense (including military
construction and military family housing) do not exceed
$252,650,000,000.
(b) DEPARTMENT OF ENERGY.—The Secretary of En-
ergy shall ensure that outlays of the Department of Energy
during fiscal year 1999 from amounts appropriated or oth-
erwise made available to the Department of Energy for na-
tional security programs of that Department do not exceed
$11,772,000,000.
Subtitle B—Naval Vessels and
Shipyards
SEC. 1011. REVISION TO REQUIREMENT FOR CONTINUED
LISTING OF TWO IOWA-CLASS BATTLESHIPS
ON THE NAVAL VESSEL REGISTER.
In carrying out section 1011 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 421), the Secretary of the Navy shall list
on the Naval Vessel Register, and maintain on that register,
the following two Iowa-class battleships: the USS IOWA
(BB–61) and the USS WISCONSIN (BB–64).
SEC. 1012. TRANSFER OF USS NEW JERSEY.
The Secretary of the Navy shall strike the USS NEW
JERSEY (BB–62) from the Naval Vessel Register and shall
transfer that vessel to a non-for-profit entity in accordance
221
with section 7306 of title 10, United States Code. The Sec-
retary shall require as a condition of the transfer of that
vessel that the transferee locate the vessel in the State of
New Jersey.
SEC. 1013. LONG-TERM CHARTER OF THREE VESSELS IN
SUPPORT OF SUBMARINE RESCUE, ESCORT,
AND TOWING.
The Secretary of the Navy may enter into contracts
in accordance with section 2401 of title 10, United States
Code, for the charter through September 30, 2003, of the
following vessels:
(1) The CAROLYN CHOUEST (United States
official number D102057).
(2) The KELLIE CHOUEST (United States of-
ficial number D1038519).
(3) The DOLORES CHOUEST (United States
official number D600288).
SEC. 1014. TRANSFER OF OBSOLETE ARMY TUGBOAT.
In carrying out section 1023 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–
85; 111 Stat. 1876), the Secretary of the Army may sub-
stitute the obsolete, decommissioned tugboat Attleboro (LT–
1977) for the tugboat Normandy (LT–1971) as one of the
two obsolete tugboats authorized to be transferred by the
Secretary under that section.
222
SEC. 1015. LONG-TERM CHARTER CONTRACTS FOR ACQUISI-
TION OF AUXILIARY VESSELS FOR THE DE-
PARTMENT OF DEFENSE.
(a) PROGRAM AUTHORIZATION.—Chapter 631 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 7233. Auxiliary vessels: authority for long-term
charter contracts
‘‘(a) AUTHORIZED CONTRACTS.—After September 30,
1998, the Secretary of the Navy, subject to subsection (b),
may enter into a contract for the long-term lease or charter
of a newly built surface vessel, under which the contractor
agrees to provide a crew for the vessel for the term of the
long-term lease or charter, for any of the following:
‘‘(1) The combat logistics force of the Navy.
‘‘(2) The strategic sealift program of the Navy.
‘‘(3) Other auxiliary support vessels for the De-
partment of Defense.
‘‘(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY
LAW.—A contract may be entered into under this section
with respect to specific vessels only if the Secretary is spe-
cifically authorized by law to enter into such a contract
with respect to those vessels.
‘‘(c) FUNDS
FOR CONTRACT PAYMENTS.—The Sec-
retary may make payments for contracts entered into under
this section using funds available for obligation during the
223
fiscal year for which the payments are required to be made.
Any such contract shall provide that the United States will
not be required to make a payment under the contract
(other than a termination payment, if required) before Oc-
tober 1, 2000.
‘‘(d) TERM OF CONTRACT.—In this section, the term
‘long-term lease or charter’ means a lease, charter, service
contract, or conditional sale agreement with respect to a
vessel the term of which (including any option period) is
for a period of 20 years or more.
‘‘(e) OPTION TO BUY.—A contract entered into under
the authority of this section may contain options for the
United States to purchase one or more of the vessels covered
by the contract at any time during, or at the end of, the
contract period (including any option period) upon pay-
ment of an amount not in excess of the unamortized portion
of the cost of the vessels plus amounts incurred in connec-
tion with the termination of the financing arrangements
associated with the vessels.
‘‘(f) DOMESTIC CONSTRUCTION.—The Secretary shall
require in any contract entered into under this section that
each vessel to which the contract applies—
‘‘(1) shall have been constructed in a shipyard
within the United States; and
224
‘‘(2) upon delivery, shall be documented under
the laws of the United States.
‘‘(g) VESSEL CREWING.—The Secretary shall require
in any contract entered into under this section that the crew
of any vessel to which the contract applies be comprised
of private sector commercial mariners.
‘‘(h) DOMESTIC CONSTRUCTION REQUIREMENT FOR
CERTAIN LEASES OF VESSELS.—(1) Notwithstanding sec-
tion 2400 or 2401a of this title or any other provision of
law, the Secretary of Defense may not enter into a contract
for the lease or charter of a vessel described in paragraph
(2) for a contract period in excess of 17 months (inclusive
of any option periods) unless the vessel is constructed in
a shipyard in the United States.
‘‘(2) Paragraph (1) applies to vessels of the following
types:
‘‘(A) Auxiliary support vessel.
‘‘(B) Strategic sealift vessel.
‘‘(C) Tank vessel.
‘‘(D) Combat logistics force vessel.
‘‘(i) CONTINGENT WAIVER OF OTHER PROVISIONS OF
LAW.—A contract authorized by this section may be entered
into without regard to section 2401 or 2401a of this title
if the Secretary of Defense makes the following findings
with respect to that contract:
225
‘‘(1) The need for the vessels or services to be pro-
vided under the contract is expected to remain sub-
stantially unchanged during the contemplated con-
tract or option period.
‘‘(2) There is a reasonable expectation that
throughout the contemplated contract or option period
the Secretary of the Navy (or, if the contract is for
services to be provided to, and funded by, another
military department, the Secretary of that military
department) will request funding for the contract at
the level required to avoid contract cancellation.
‘‘(3) The use of such contract or the exercise of
such option is in the interest of the national defense.
‘‘(j) SOURCE OF FUNDS FOR TERMINATION LIABIL-
ITY.—If a contract entered into under this section is termi-
nated, the costs of such termination may be paid from—
‘‘(1) amounts originally made available for per-
formance of the contract;
‘‘(2) amounts currently available for operation
and maintenance of the type of vessels or services con-
cerned and not otherwise obligated; or
‘‘(3) funds appropriated for those costs.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘7233. Auxiliary vessels: authority for long-term charter contracts.’’.