datamatters24/research-document-archive huggingface dataset:
HR 3616 IH
§ 9594. United States Air Force Military History Insti-
tute: retention of fees
‘‘(a) AUTHORITY.—The Secretary of the Air Force
may charge and retain fees received for providing histori-
cal information from the United States Air Force Military
History Institute to public requesters.
‘‘(b) RETENTION OF FEES.—Monies received by the
United States Air Force Military History Institute under
subsection (a) shall be retained by the Secretary and shall
be available to offset the cost of providing historical infor-
mation.
‘‘(c) EXCLUSION.—This section shall not apply to
records made available to the public under section 552 of
title 5, United States Code.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘United States Air Force Mili-
tary Institute’ means the Air Force’s primary ar-
chive for historical records and materials.
‘‘(2) The term ‘public requesters’ means all per-
sons who request historical information from the In-
stitute other than persons who request information
in their official capacity as a member of the armed
forces or an officer or employee of the United
States, as defined in sections 2104 and 2105 of title
5, United States Code.’’.
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(1) by striking ‘‘and’’ at the end of paragraph
(2); and
(2) by striking the period at the end of para-
graph (3) and inserting in lieu thereof a semi-colon;
and
(3) by adding at the end the following new
paragraphs (4) and (5):
‘‘(4) to establish an initial training base for a
system and permit long-lead training to occur which
is essential for efficient fielding of the system; and
‘‘(5) to field a limited number of systems to
meet an urgent operational requirement of a unified
or specified commander.’’.
SEC. 212. EXTENSION OF AUTHORITY TO PERMIT THE USE
OF TEST AND EVALUATION INSTALLATIONS
BY COMMERCIAL ENTITIES.
Section 2681(g) of title 10, United States Code, is
amended by striking ‘‘September 30, 1998’’ and inserting
in lieu thereof ‘‘September 30, 2003’’.
SEC. 213.
TECHNICAL CORRECTION CONCERNING INFOR-
MATION DISCLOSURE.
Subsection (i) of section 2371(i) of title 10, United
States Code, as added by section 832 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law
105–85; 111 Stat. 1841), is amended in subparagraph
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(2)(A) by striking ‘‘cooperative agreement that includes
a clause described in subsection (d)’’ and inserting in lieu
thereof ‘‘cooperative agreement for basic, applied, or ad-
vanced research’’.
TITLE III—OPERATION AND
MAINTENANCE
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 1999 for the use of the Armed Forces of the
United States and other activities and agencies of the De-
partment of Defense, for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $17,273,063,000.
(2) For the Navy, $21,927,202,000.
(3) For the Marine Corps, $2,523,703,000.
(4) For the Air Force, $19,177,004,000.
(5) 
For 
the 
Defense-wide 
activities,
$10,750,701,000.
(6) For the Army Reserve, $1,202,622,000.
(7) For the Naval Reserve, $928,639,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$114,593,000.
(9) For the Air Force Reserve, $1,744,696,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,436,815,000.
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(4) The Marine Corps Reserve, 40,018.
(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) WAIVER AUTHORITY.—The Secretary of Defense
may increase the end strength authorized by subsection
(a) by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be reduced proportionately 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 indi-
vidual members are released from active duty during
any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve
component shall be increased proportionately by the
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total authorized strengths of such units and by the
total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1999, the following num-
ber of Reserves to be serving on full-time active duty or,
in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, ad-
ministering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United
States, 21,763.
(2) The Army Reserve, 11,804.
(3) The Naval Reserve, 15,590.
(4) The Marine Corps Reserve, 2,362.
(5) The National Guard of the United States,
10,930.
(6) The Air Force Reserve, 991.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
The Reserve Components of the Army and the Air
Force are authorized strengths for military technicians
(dual status) as of September 30, 1999, as follows:
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the Navy shall specify the number of officers, not fewer
than three nor more than five for each position to be filled,
to be recommended.’’; and
(3) THE STAFF JUDGE ADVOCATE TO THE COM-
MANDANT OF THE MARINE CORPS.—Section 5046(b) of
such title 10 is amended by adding at the end the follow-
ing new sentence: ‘‘The Secretary of the Navy shall specify
the number of officers not fewer than three nor more than
five for each position to be filled, to be recommended.’’.
(c) AIR FORCE.—Section 8037(e) of such title 10 is
amended by adding at the end the following new sentence:
‘‘The Secretary of the Air Force shall specify the number
of officers, not fewer than three nor more than five for
each position to be filled, to be recommended.’’.
SEC. 507. TO ESTABLISH THE TERM OF OFFICE OF THE
CHIEF OF THE AIR FORCE NURSE CORPS AS
THREE YEARS.
(a) CHIEF
OF
NURSE
CORPS
TOUR.—Section
8069(b) of title 10, United States Code, is amended by
striking the last sentence and inserting in lieu thereof the
following new sentences: ‘‘The Chief serves for a term of
office normally of three years and which term may not
be for more than four years. The Chief serves at the pleas-
ure of the Secretary and may not be reappointed to the
same position.’’.
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(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on October 1, 1997.
SEC. 508. TIME IN GRADE REQUIREMENTS FOR RESERVE
GENERAL AND FLAG OFFICERS.
Section 1370(d)(3) of title 10, United States Code,
is amended by adding at the end the following new sub-
paragraph (F):
‘‘(F) An officer covered by subparagraph
(A) who is serving in an officer grade above
colonel or captain (in the case of the Navy) and
who is involuntarily transferred from an active
status by the Secretary of the Military Depart-
ment concerned may be retired at the grade
held at the time of that involuntary transfer
provided that officer has completed at least six
months of satisfactory service in that grade,
notwithstanding the requirement contained in
subparagraph (A) for the officer to have served
satisfactorily in an active status in that grade
for not less than three years.’’.
SEC. 509. SEPARATION OF REGULAR OFFICERS FOR SUB-
STANDARD PERFORMANCE OF DUTY OR CER-
TAIN OTHER REASONS.
(a) ELIMINATION OF REQUIREMENT FOR A BOARD
OF REVIEW.—Section 1182(c) of title 10, United States
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Code, is amended by striking out ‘‘it shall send the record
of proceedings to a board of review convened under section
1183 of this title’’ and inserting in lieu thereof ‘‘it shall
report such determination to the Secretary concerned’’;
(b) REPEAL
OF BOARD
OF REVIEW
FOR SUB-
STANDARD PERFORMANCE.—Section 1183 of such title is
repealed.
(c) CLERICAL AMENDMENT.—The table of sections
for chapter 60 of such title is amended by striking the
item relating to section 1183.
(d) CONFORMING AMENDMENT.—Section 1184 of
such title is amended by striking ‘‘board of review con-
vened under section 1183 of this title’’ and inserting in
lieu thereof ‘‘board of inquiry convened under section
1182 of this title’’.
(e) ELIMINATION
OF 30-DAY NOTICE REQUIRE-
MENT.—Section 1185(a)(1) of such title is amended by
striking ‘‘, at least 30 days before the hearing of his case
by a board of inquiry,’’.
SEC. 510. SPECIAL SELECTION BOARD CONSIDERATION
FOR CERTAIN OFFICERS, RETIRED OFFICERS,
OR 
FORMER 
OFFICERS 
OF 
THE 
ARMED
FORCES.
(a) AMENDMENTS TO SECTION 628.—Section 628 of
title 10, United States Code, is amended—
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(1) in paragraph (a)(1)—
(A) by striking out ‘‘officer who is eligible
for promotion’’ inserting in lieu thereof ‘‘officer,
retired officer, or former officer’’; and
(B) by inserting ‘‘retired officer, or former
officer’’ after ‘‘determine whether such officer’’;
(2) in paragraph (a)(2) by inserting ‘‘retired of-
ficer, or former officer’’ after ‘‘record of the officer’’;
(3) in paragraph (a)(3) of such title is amended
by inserting ‘‘retired officer, or former officer’’ after
‘‘officer’’ each place it appears.
(4) in paragraph (b)(1)—
(A) by striking out ‘‘officer who is eligible
for promotion’’ and inserting in lieu thereof
‘‘officer, retired officer, or former officer’’;
(B) by inserting ‘‘retired officer, or former
officer’’ after ‘‘determine whether such officer’’;
and
(C) in subparagraph (A), by inserting ‘‘,
retired officer, or former officer’’ after ‘‘board
which considered the officer’’.
(5) in paragraph (b)(2) by inserting ‘‘retired of-
ficer, or former officer’’ after ‘‘record of the officer.’’
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(6) in paragraph (b)(3) by inserting ‘‘retired of-
ficer, or former officer’’ after ‘‘officer’’ the first
place it appears;
(7) in paragraph (c)(1) by inserting ‘‘retired of-
ficer, or former officer’’ after ‘‘officer’’ the first
place it appears; and
(8) in paragraph (d)(1) inserting ‘‘retired offi-
cer, or former officer’’ after ‘‘officer’’ the first place
it appears.
(b) EFFECTIVE DATE.—These amendments shall
take effect as of October 1, 1996.
Subtitle B—Reserve Forces
SEC. 511. ACTIVE GUARD AND RESERVE PERSONNEL IN
SUPPORT OF ACTIVE OR RESERVE COMPO-
NENT.
Section 12310 of title 10, United States Code, is
amended by adding the following new subsection:
‘‘(c) Notwithstanding the definition of active guard
and reserve duty in section 101(d)(6)(A) of this title, a
Secretary concerned, after consultation with the Chief of
the Reserve component concerned, may order a member
of a reserve component under his or her jurisdiction, as
described in subsection (a), to perform a function in sup-
port of either the active or Reserve components of the
armed forces, and Defense Agencies. No more than one
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half of one percent of the authorized strength for reserves
on active duty under subsection (a) may be assigned to
duties other than those described in subsection (a).’’.
SEC. 512. CORRECTION OF AMENDMENT TO RESERVE OFFI-
CER MANAGEMENT ACT PROVISION.
Section 1370(d)(3)(E) of title 10, United States
Code, is amended to read as follows:
‘‘(E) To the extent authorized by the Sec-
retary of the military department concerned, a
person who, after having been found qualified
by a board under section 307 of title 32 for
Federal recognition in a higher grade and hav-
ing served in a position for which that grade is
the minimum authorized grade, may be credited
for the purposes of subparagraph (A) as having
served in that grade for the period during which
the person served in the position after having
been found qualified, but only if the person was
subsequently appointed as a reserve officer in
that grade. The period credited may not include
any period before the date on which the Senate
provides advice and consent for the appoint-
ment of that person in the recommended
grade.’’.
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TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Military Pay
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The
adjustment, to become effective in fiscal year 1999, re-
quired 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 uni-
formed services are increased by 3.1 percent.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. EXTENSION OF AUTHORITY RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL
PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1999’’ and inserting in
lieu thereof ‘‘September 30, 2001’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Section 308(g) of title 37, United States Code, is
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amended by striking out ‘‘September 30, 1999’’ and in-
serting in lieu thereof ‘‘September 30, 2001’’.
(c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—
Sections 308a(c) and 308f(c) of title 37, United States
Code, are each amended by striking out ‘‘September 30,
1999’’ and inserting in lieu thereof ‘‘September 30,
2001’’.
(d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI-
CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section
312(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2001’’.
(e) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1999’’ and inserting in lieu
thereof ‘‘September 30, 2001’’.
(f) 
NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section 312c(d) of title 37, United States Code,
is amended by striking out ‘‘October 1, 1999’’ and insert-
ing in lieu thereof ‘‘October 1, 2001’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES
AND SPECIAL PAY AUTHORITIES FOR RE-
SERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
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of the suspension because the cadet or midshipman re-
turns to the Academy.’’.
SEC. 628. REMOVAL OF TEN PERCENT RESTRICTION ON SE-
LECTIVE REENLISTMENT BONUSES.
Section 308(b) of title 37, United States Code, is
amended—
(1) by striking ‘‘(1)’’ at the beginning of the
section; and
(2) by striking paragraph (2).
SEC. 629. AUTHORIZATION TO PROVIDE AN EDUCATIONAL
ALLOWANCE IN OVERSEAS AREAS.
Section 1402 of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 921), is amended by adding at
the end the following subsection:
‘‘In those overseas areas where the Secretary of De-
fense has not established schools pursuant to this chapter,
the Secretary of Defense and the Secretary of Transpor-
tation, with regard to the Coast Guard, are authorized to
provide an educational allowance to the sponsors of de-
pendents. The Secretary of Defense and the Secretary of
Transportation, with regard to members of the Coast
Guard, shall issue regulations to implement this sub-
section that generally are consistent with Department of
State regulations concerning such allowances.’’.
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SEC. 630. DENTAL INSURANCE PROGRAMS IMPROVEMENTS.
(a) UPDATE OF PREMIUM AMOUNTS FOR DEPEND-
ENTS DENTAL PLAN.—Section 1076a(b)(2) of title 10,
United States Code, is amended by inserting after ‘‘$20
per month’’ the following: ‘‘(in 1993 dollars, adjusted in
subsequent years)’’.
(b) INTEGRATION OF DEPENDENTS DENTAL PRO-
GRAM
WITH
MANAGED
CARE
CONTRACTS.—Section
1076a of such title is amended by adding at the end there-
of the following new subsection:
‘‘(j) INTEGRATION OF DEPENDENTS DENTAL PLAN
WITH MANAGED HEALTH CARE CONTRACTS.—A basic
dental benefit plan established under the authority of sub-
section (a) may be integrated into the TRICARE Pro-
gram. With respect to dental care authorized to be pro-
vided in a facility of the uniformed services under section
1076(a) and 1077(c) of this title, the Secretary may, to
the extent authorized by section 1097(c) of this title for
the TRICARE Program, establish reasonable preferences
for such dental care for dependents enrolled under sub-
section (a).’’.
SEC. 631. PROVISION FOR RECOVERY, CARE, AND DISPOSI-
TION OF THE REMAINS OF ALL MEDICALLY
RETIRED MEMBERS.
(a) IN GENERAL.—Section 1481(a)(1) of title 10,
United States Code, is amended to read as follows:
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(b) CLERICAL AMENDMENT.—The table of sections
for chapter 142 of such title is amended by striking the
item relating to section 2415.
SEC. 705. REPEAL OF REQUIREMENTS RELATING TO
UNDEFINITIZED CONTRACTUAL ACTIONS.
Section 908 of the Defense Acquisition Improvement
Act of 1986 (Public Law 99–500; 100 Stat. 1783–139
and 140) is amended by striking subsection (b) and redes-
ignating subsections (c) and (d) as (b) and (c), respec-
tively.
SEC. 706. CONTRACT DISPUTES ACT AMENDMENT RELAT-
ING TO PAYMENT OF INTEREST ON CONTRAC-
TOR CLAIMS.
(a) SPECIFICITY OF DATE FOR INTEREST.—Section
12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)
is amended to read as follows:
‘‘The Government shall pay interest on a contractor’s
claim on the amount found to be due and unpaid from
(a) the date the contracting officer receives the claim pur-
suant to sections 6(a) and 6(c)(1) of this Act or (b) the
date the contractor paid its incurred costs, whichever is
later, until the date of payment. The interest provided for
in this section shall be paid at the rate established by the
Secretary of the Treasury pursuant to Public Law 92–
41 (85 Stat 97) for the Renegotiation Board.’’.
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(b) IMPLEMENTATION.—The Federal Acquisition
Regulatory Council shall issue amendments to the Federal
Acquisition Regulation to implement the changes made by
this section not later than 180 days after the enactment
of this Act.
SEC. 707. CRITICAL ACQUISITION POSITIONS.
Section 1734(a) of title 10, United States Code, is
amended in paragraphs (1) and (2) by striking ‘‘critical
acquisition position’’ each place it appears and inserting
in lieu thereof ‘‘program manager or deputy program
manager position for a significant nonmajor defense acqui-
sition program, program executive officer position, general
or flag officer position or civilian position equivalent there-
to, or senior contracting official position’’.
SEC. 708. ACQUISITION CORPS ELIGIBILITY.
Section 1732(c) of title 10, United States Code, is
amended by adding at the end the following new subpara-
graph:
‘‘(3) The requirements of subsection (b)(1)(A)
shall not preclude an employee who previously served
as a GS–13 or above, and was downgraded to a GS–
12 or below because of a reduction in force person-
nel action, a base closure action or other reason
other than for cause, from being eligible for mem-
bership in the Corps.’’.
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SEC. 709. OFPP TEST PROGRAM FOR EXECUTIVE AGENCIES.
(a) IN GENERAL.—Section 5061 of the Federal Ac-
quisition Streamlining Act (41 U.S.C. 413 note) is amend-
ed—
(1) in subsection (a) by striking ‘‘, and not
more than 1 such test shall be conducted under such
authority in an agency’’.
(2) in subsection (c)(3)(B) by—
(A) striking ‘‘one’’ and inserting in lieu
thereof ‘‘two’’; and
(B) adding before the period ‘‘, provided,
however, that at least one of the tests with con-
tracts exceeding $5,000,000 is conducted within
the Department of Defense’’;
(3) in subsection (g) by striking ‘‘270’’ and in-
serting in lieu thereof ‘‘120’’; and
(4) in subsection (j) by striking ‘‘January 1,
2001’’ and inserting in lieu thereof ‘‘January 1,
2003’’.
(b) APPLICABILITY.—Any test plan pending before
Congress or for which public comment is being sought pur-
suant to subsection (g) at the time of enactment of this
Act shall remain open for Congressional review or public
comment until the earlier of—
(1) 120 days after enactment of this Act; or
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(2) expiration of the time period that was pro-
vided by subsection (g) prior to enactment of this
Act.
SEC. 710. MENTOR-PROTE´ GE´ PROGRAM.
(a) Section 831 of the National Defense Authoriza-
tion Act for Fiscal Years 1991 (10 U.S.C. 2302 note) is
amended—
(1) by striking ‘‘pilot’’ in the heading for the
section;
(2) in subsection (a), by striking ‘‘pilot’’ both
times it appears (in the descriptive preamble and in
the section content);
(3) in the first sentence of subsection (k), by
striking ‘‘pilot’’;
(4) in subsection (g)(2)(A) by inserting ‘‘and
other incidental mentor or prote´ge´ costs, subject to
Department of Defense regulations,’’ after ‘‘of sub-
section (f)’’;
(5) by striking subsection (j) and inserting in
lieu thereof the following new subsection (j):
‘‘(j) WOMEN OWNED SMALL BUSINESS PILOT INI-
TIATIVE.—The Department of Defense may conduct an
initiative with no more than three contracting activities,
that would authorize the Department to participate in the
mentoring of women-owned small business prote´ge´s. The
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contracting activity may receive reimbursement or, with
the Small Business Administration’s concurrence, credit
toward its women-owned small business prime contract
goal for costs incurred.’’; and
(6) in subsection (m)(2), the definition for ‘‘dis-
advantaged small business concern’’, by inserting ‘‘,
a small business concern owned and controlled by
women, a historically Black college and university,
or a minority institution,’’ after ‘‘a small business
concern owned and controlled by socially and eco-
nomically disadvantaged individuals’’.
SEC. 711. HOLDING GAO PROTEST PROCEEDINGS IN ABEY-
ANCE.
Section 3554(b) of title 31, United States Code, is
amended by adding at the end the following new para-
graph (4):
‘‘(4) On petition of the government, with con-
sent of the protestor, the Comptroller General shall
stay the Comptroller General’s review of the protest
when the agency has agreed to suspend contract
award or performance through the completion of any
agency protest procedure and any subsequent pro-
test timely filed before the Comptroller General.
Such stay may remain in effect up to 35 days for
completion of the agency protest procedure. Upon
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request of the Government or protestor, the Comp-
troller General shall vacate the stay. The time period
set forth in subsection (a)(1) for issuance of a final
decision by the Comptroller General shall be ex-
tended by the number of days by which the protest
has been stayed under this paragraph.’’.
SEC. 712. REVISION TO RESTRICTIONS ON PROCUREMENTS
FROM FOREIGN SOURCES.
Section 9005 of the National Defense Appropriations
Act for Fiscal Year 1993 (Public Law 102–396; 106 Stat.
1876) is amended to read as follows:
‘‘During the current fiscal year and hereafter, no part
of any appropriation contained in this Act, except for sim-
plified acquisitions covered by section 2304(g) of title 10,
United States Code, shall be available for the procurement
of any article or item of clothing, tents, tarpaulins, covers,
cotton and other natural fiber products, woven silk or
woven silk blends, spun silk yarn for cartridge cloth, syn-
thetic fabric or coated synthetic fabric, canvas products,
or wool (whether in the form of fiber or yarn or contained
in fabrics, materials, or manufactured articles), or any
item of individual equipment manufactured from or con-
taining such fibers, yarns, fabrics, or materials, or spe-
cialty metals including stainless steel flatware, or hand or
measuring tools, not grown, reprocessed, reused, or pro-