< Back to S. 1812 (105th Congress, 1997–1998)

Text of the National Defense Authorization Act for Fiscal Year 1999

This bill was introduced on March 23, 1998, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 23, 1998 (Introduced).

Source: GPO

S 1812 IS

105th CONGRESS

2d Session

S. 1812

To authorize appropriations for fiscal year 1999 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1999, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 23, 1998

Mr. THURMOND (for himself and Mr. LEVIN) (by request) introduced the following bill; which was read twice and referred to the Committee on Armed Services


A BILL

To authorize appropriations for fiscal year 1999 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘National Defense Authorization Act for Fiscal Year 1999’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

      Sec. 101. Army.

      Sec. 102. Navy and Marine Corps.

      Sec. 103. Air Force.

      Sec. 104. Defense-wide Activities.

      Sec. 105. Defense Inspector General.

      Sec. 106. Defense Health Program.

      Sec. 107. Chemical Demilitarization Program.

Subtitle B--Multi-Year Contract Authorizations

      Sec. 111. Authorizations of Multi-Year Contracts for the Army and the Navy.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

      Sec. 201. Authorization of Appropriations.

Subtitle B--Other Matters

      Sec. 211. Low-rate Initial Production of Weapons Systems.

      Sec. 212. Extension of Authority to Permit the Use of Test and Evaluation Installations by Commercial Entities.

      Sec. 213. Technical Correction Concerning Information Disclosure.

TITLE III--OPERATION AND MAINTENANCE

      Sec. 301. Operation and Maintenance Funding.

      Sec. 302. Working Capital Funds.

      Sec. 303. Armed Forces Retirement Home.

      Sec. 304. Fisher House Trust Funds.

      Sec. 305. Transfer from the National Defense Stockpile Transaction Fund.

      Sec. 306. Payment of Stipulated Penalties Assessed under the Comprehensive Environmental Response Compensation and Liability Act, of 1980 in Connection with McClellan Air Force Base, California.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

      Sec. 401. End Strengths for Active Forces.

      Sec. 402. Repeal of Minimum End Strength Provisions to Conform End Strength Management Provisions with the Budget.

      Sec. 403. Annual Manpower Requirements Report.

      Sec. 404. Joint Staff General Officer and Flag Structure.

Subtitle B--Reserve Forces

      Sec. 411. End Strengths for Selected Reserve.

      Sec. 412. End Strengths for Reserves on Active Duty in Support of the Reserves.

      Sec. 413. End Strengths for Military Technicians (Dual Status).

      Sec. 414. Increase in Number of Members in Certain Grades Authorized to be on Active Duty in Support of the Reserves.

      Sec. 415. Excluding Certain Reserve Component Members on Active Duty for 181 Days or More from Active Component End Strengths.

Subtitle C--Authorization of Appropriations-Reserve Mobilization Income Insurance Fund

      Sec. 421. Reserve Mobilization Income Insurance Fund.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Active Forces

      Sec. 501. Promotion Policy Objectives for Joint Officers.

      Sec. 502. Selective Early Retirement Boards of Reserve General and Flag Officers of the Navy and Marine Corps: Board Composition.

      Sec. 503. Active Status Service Requirement for Promotion Consideration for Reserve Brigadier Generals of the Army and Air Force.

      Sec. 504. Posthumous Commissions and Warrants.

      Sec. 505. Exclusion of Regular Chief Warrant Officers, W-4, from Involuntary Retirement for Non-Selection for promotion.

      Sec. 506. Clarification of Selection Procedures for the Judge Advocates General and the Assistant/deputy Judge Advocates General of the Military Departments.

      Sec. 507. To Establish the Term of Office of the Chief of the Air Force Nurse Corps as Three Years.

      Sec. 508. Time-in-Grade Requirements of Reserve General and Flag Officers.

      Sec. 509. Separation of Regular Officers for Substandard Performance of Duty or Certain Other Reasons.

      Sec. 510. Special Selection Board Consideration for Certain Officers, Retired Officers, or Former Officers of the Armed Forces.

Subtitle B--Reserve Forces

      Sec. 511. Active Guard And Reserve Personnel in Support of Active or Reserve Component.

      Sec. 512. Correction of Amendment to Reserve Officer Management Act Provision.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Military Pay

      Sec. 601. Increase in Basic Pay for Fiscal Year 1999.

Subtitle B--Bonus and Incentive Pay

      Sec. 611. Extension of Authority Relating to Payment of Other Bonuses and Special Pays.

      Sec. 612. One-year Extension of Certain Bonuses and Special Pay Authorities for Reserve Forces.

      Sec. 613. Extension of Special Pay for Nurse Anesthetists.

      Sec. 614. Reenlistment Bonus Eligibility for Members of the Reserve Components Who Perform Active Guard and Reserve Duty.

      Sec. 615. Increased Maximum Bonus for Enlistment in the Army.

Subtitle C--Other Matters

      Sec. 621. Rest and Recuperation Transportation.

      Sec. 622. Deletion of Canal Zone from Definition of ‘Possessions’.

      Sec. 623. Storage of Student Dependent’s Unaccompanied Baggage.

      Sec. 624. United States Air Force Institute of Technology.

      Sec. 625. Annual Leave; Accumulation.

      Sec. 626. Effective Dates of Survivor Benefit Coverage.

      Sec. 627. Leave Without Pay for Suspended Cadets and Midshipmen.

      Sec. 628. Removal of Ten Percent Restriction on Selective Reenlistment Bonuses.

      Sec. 629. Authorization to Provide an Educational Allowance in Overseas Areas.

      Sec. 630. Dental Insurance Program Improvements.

      Sec. 631. Provision for Recovery, Care, and Disposition of the Remains of All Medically Retired Members.

      Sec. 632. Modification to Voluntary Separation Incentive to Ensure Continued Eligibility For Members Who Involuntarily Lose Membership in a Reserve Component.

      Sec. 633. Amendment of Eligibility Requirements for Attendance at Department of Defense Domestic Dependent Elementary And Secondary Schools; Waiver of Five-Year Limit.

      Sec. 634. Retirement for Length of Service.

      Sec. 635. Navy Limited Duty Officers; Retirement for Years of Service.

TITLE VII--ACQUISITION POLICY

      Sec. 701. Repeal of Limitation on Authority to Delegate Approval of Noncompetitive Procedures.

      Sec. 702. Modification to Cost or Pricing Data: Truth in Negotiations.

      Sec. 703. Procurement Technical Assistance Program Distribution Conforming Amendment.

      Sec. 704. Procurement Technical Assistance Program Limitation.

      Sec. 705. Repeal of Requirements Relating to Undefinitized Contractual Actions.

      Sec. 706. Contract Disputes Act Amendment Relating to Payment of Interest on Contractor Claims.

      Sec. 707. Critical Acquisition Positions.

      Sec. 708. Acquisition Corps Eligibility.

      Sec. 709. OFPP Test Program for Executive Agencies.

      Sec. 710. Mentor-Protege Program.

      Sec. 711. Holding GAO Protest Proceedings in Abeyance.

      Sec. 712. Revision to Restrictions on Procurements from Foreign Sources.

TITLE VIII--DEPARTMENT OF DEFENSE MANAGEMENT

Subtitle A--Department of Defense General Management

      Sec. 801. Authority to Pay Certain Expenses Relating to Humanitarian and Civic Assistance for Clearance of Landmines.

      Sec. 802. Collection of Dishonored Checks Issued to the Defense Commissary Agency.

      Sec. 803. Revision of Inspection Requirements Relating to the Armed Forces Retirement Home.

      Sec. 804. Protection of Operational Files of the National Imagery and Mapping Agency.

      Sec. 805. Protection of Commercial Sources.

      Sec. 806. Repeal of Export Controls on High Performance Computers.

      Sec. 807. Repeal of Requirement to Transfer Tactical Airlift Mission to Reserve Components.

      Sec. 808. Codification of Provisions Pertaining to George C. Marshall European Center for Security Studies; Waiver of Charges for Certain Participants of the Asia Pacific Center.

Subtitle B--Department of Defense Personnel Management

      Sec. 811. Demonstration Project Relating to Certain Personnel Management Policies and Procedures of the Defense Commissary Agency.

      Sec. 812. Employment Preference Program for Military Spouses.

      Sec. 813. Preservation of Civil Service Rights for Employees of the Former Defense Mapping Agency.

      Sec. 814. Clarification of Defense Civilian Personnel System Positions.

      Sec. 815. Modification to Management Training Program in Japanese Language and Culture.

      Sec. 816. Experimental Personnel Authority--Defense Advance Research Projects Agency.

TITLE IX--GENERAL PROVISIONS

Subtitle A--Financial Matters

      Sec. 901. Repeal of Requirement For Separate Budget Request For Procurement of Reserve Equipment.

      Sec. 902. Repeal of Requirement for Two-year Budget Cycle for the Department of Defense.

      Sec. 903. Chemical Stockpile Emergency Preparedness Program.

      Sec. 904. Authority to Move Funds for Combating Terrorism Support to Military Operations.

      Sec. 905. Transfer of Funds: Procedure and Limitations.

      Sec. 906. Ballistic Missile Defense Program Elements.

      Sec. 907. Transfer of Funds Related to the Execution of Military Family Housing Privatization Projects.

      Sec. 908. Clarification of the Proper Charges to Military Construction Design Funds.

      Sec. 909. Payment of Foreign Licensing Fees from the Proceeds Received from the Sale of Maps, Charts, and Navigational Books.

      Sec. 910. Fees at Military History Institutes.

Subtitle B--Miscellaneous Report Requirements and Repeals

      Sec. 911. Repeal of Obsolete Reporting Requirement.

      Sec. 912. Repeal of Report on NATO Conventional Defense Capabilities.

      Sec. 913. Repeal of Outdated Reports on Allied Burdensharing.

      Sec. 914. Repeal of Reporting Requirements Relating to Training of Special Operations Forces with Friendly Foreign Forces.

      Sec. 915. Repeal of Annual Report on the Defense Business Operations Fund.

      Sec. 916. Repeal of Annual Report on Use of Authority by the Defense Contract Audit Agency to Subpoena Records of Defense Contractors.

      Sec. 917. Repeal of Report on Use of Funds Received from the Lease of Non-excess Property.

      Sec. 918. Repeal of Studies and Reports on Demonstration Projects for Delivery of Health Care.

      Sec. 919. Reduction in Frequency of Report on Promotion of Joint Officers.

      Sec. 920. Repeal of Commission Report on Alternative Utilization of Military Facilities.

      Sec. 921. Repeal of Report on Proposed Contract for Sale of Gregg Circle Area, Fort Jackson, South Carolina.

      Sec. 922. Exceptions from Reporting Requirements for Emergency Real Property Transactions.

      Sec. 923. Repeal of Notification Requirements Relating to Inspector General Investigations.

      Sec. 924. Repeal of Reporting of Certain Elements of Overseas Basing Costs.

      Sec. 925. Inflation Adjustment to Notification Requirement for Architectural and Engineering Services and Construction Design Contract.

Subtitle C--Matters Relating to Terrorism

      Sec. 931. Authority to Purchase Nontactical Armored Passenger Vehicles under Emergency Situations for Combating Terrorism and Military Force Protection Support.

      Sec. 932. Maintenance and Operation of Equipment for Counter-Terrorism.

Subtitle D--Matters Relating to Counter Drug Operations

      Sec. 941. Department of Defense Support for Counter-Drug Activities.

      Sec. 942. Expansion and Extension of Authority to Provide Additional Support for Counter-Drug Activities of Selected Caribbean Countries.

Subtitle E--Other Matters

      Sec. 951. Definition of Financial Institution For Direct Deposit of Pay.

      Sec. 952. Release of Drug Test Results of Civil Service Mariners of the Military Sealift Command.

      Sec. 953. Disposition of Collections Recovered from Claims against Third Parties for Loss or Damage to Personal Property Shipped or Stored at Government Expense.

      Sec. 954. Transportation of Polychlorinated Biphenyls.

      Sec. 955. Rental of Family Housing in Italy and Korea.

      Sec. 956. Pilot Program on Separate Notice by Federal Agency Prior to Garnishment For Child Support and Alimony.

      Sec. 957. Long-term Charter of Three Vessels in Support of Submarine Rescue, Escort, and Towing.

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 1999 for procurement for the Army as follows:

      (1) For aircraft, $1,325,943,000.

      (2) For missiles, $1,205,768,000.

      (3) For weapons and tracked combat vehicles, $1,433,608,000.

      (4) For ammunition, $1,008,855,000.

      (5) For other procurement, $3,198,811,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) NAVY- Funds are hereby authorized to be appropriated for fiscal year 1999 for procurement for the Navy as follows:

      (1) For aircraft, $7,466,734,000.

      (2) For weapons, including missiles and torpedoes, $1,327,545,000.

      (3) For shipbuilding and conversion, $6,252,672,000.

      (4) For procurement of ammunition for the Navy and the Marine Corps, $429,539,000.

      (5) For other procurement, $3,937,737,000.

    (b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 1999 for procurement for the Marine Corps in the amount of $745,858,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 1999 for procurement for the Air Force as follows:

      (1) For aircraft, $7,756,475,000.

      (2) For missiles, $2,359,803,000.

      (3) For procurement of ammunition, $384,161,000.

      (4) For other procurement, $6,974,387,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 1999 for defense-wide procurement in the amount of $2,041,650,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for fiscal year 1999 for procurement for the Defense Inspector General in the amount of $1,300,000.

SEC. 106. DEFENSE HEALTH PROGRAMS.

    Funds are hereby authorized to be appropriated for fiscal year 1999 for the Department of Defense for procurement for carrying out health care programs, projects, and activities of the Department of Defense in the total amount of $402,387,000.

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    There is hereby authorized to be appropriated for fiscal year 1999 in the amount of $855,100,000 for--

      (1) the destruction of lethal chemical weapons in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

      (2) the destruction of chemical warfare material of the United States that is not covered by section 1412 of such Act.

Subtitle B--Multi-Year Contract Authorizations

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    Multi-year contracts may be entered into in accordance with section 2306 of title 10, United States Code, as follows:

      (1) For the Army:

        (A) Medium Tactical Vehicle Replacement (MTVR) vehicle; and

        (B) Longbow Hellfire Missile.

      (2) For the Navy:

        (A) AV-8B aircraft;

        (B) E-2C aircraft; and

        (C) T-45 aircraft.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

SEC. 201 AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1999 for the use of the Armed Forces for research, development, test, and evaluation, as follows:

      (1) For the Army, $4,780,545,000.

      (2) For the Navy, $8,108,923,000.

      (3) For the Air Force, $13,598,093,000.

      (4) For Defense-wide research, development, test, and evaluation, $9,591,016,000 of which--

        (A) $251,106,000 is authorized for the activities of the Director, Test and Evaluation; and

        (B) $25,245,000 is authorized for the Director of Operational Test and Evaluation.

Subtitle B--Other Matters

SEC. 211. LOW-RATE INITIAL PRODUCTION OF WEAPONS SYSTEMS.

    Section 2400(b) of title 10, United States Code is amended--

      (1) by striking ‘and’ at the end of paragraph (2); and

      (2) by striking the period at the end of paragraph (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 INFORMATION DISCLOSURE.

    Subsection (i) of section 2371(i) of title 10, United States Code, as added by section 832 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1841), is amended in subparagraph (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 advanced 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 Department 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.

      (11) For the Air National Guard, $3,093,933,000.

      (12) For the Defense Inspector General, $130,764,000.

      (13) For the United States Court of Appeals for the Armed Forces, $7,324,000.

      (14) For Environmental Restoration, Army, $377,640,000.

      (15) For Environmental Restoration, Navy, $281,600,000.

      (16) For Environmental Restoration, Air Force, $379,100,000.

      (17) For Environmental Restoration, Defense-wide, $26,091,000.

      (18) For Environmental Restoration, Formerly Used Defense Sites, $195,000,000.

      (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $63,311,000.

      (20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $727,582,000.

      (21) For the Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, $15,000,000.

      (22) For Medical Programs, Defense, $9,653,435,000.

      (23) For Cooperative Threat Reduction programs, $442,400,000.

      (24) For Overseas Contingency Operations Transfer Fund, $746,900,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 1999 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:

      (1) For the Defense Working Capital Funds, $94,500,000.

      (2) For the National Defense Sealift Fund, $418,166,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

    There is hereby authorized to be appropriated for fiscal year 1999 from the Armed Forces Retirement Home Trust Fund the sum of $70,745,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers’ and Airmen’s Home and the Naval Home.

SEC. 304. FISHER HOUSE TRUST FUNDS.

    There are hereby authorized to be appropriated for fiscal year 1999 such amounts which are available from earnings or gains in the applicable Fisher House trust fund established under section 2221(a) of title 10, United States Code, for the operation of the Fisher Houses administered by the Departments of the Army, the Navy, and the Air Force which are located in proximity to medical treatment facilities of each such department.

SEC. 305. TRANSFERS FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.

    (a) TRANSFER AUTHORITY- To the extend provided in appropriations Acts:

      (1) Not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to operation and maintenance accounts for fiscal year 1999 in amounts as follows:

        (A) For the Army, $50,000,000.

        (B) For the Navy, $50,000,000.

        (C) For the Air Force, $50,000,000.

      (2) Not more than $350,000,000 may be transferred to the Defense Working Capital Funds for the purpose of reducing the outstanding balance of advance billings.

    (b) TREATMENT OF TRANSFERS- Amounts transferred under this section--

      (1) shall be merged with, and be available for the same purposes and the same period as, the amounts in accounts to which transferred; and

      (2) may not be expended for an item that has been denied authorization of appropriations by Congress.

SEC. 306. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT, OF 1980 IN CONNECTION WITH MCCLELLAN AIR FORCE BASE, CALIFORNIA.

    From the amounts in the Department of Defense Base Closure Account 1990 established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (part A of Title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the Secretary of Defense may expend not more than $15,000 to pay stipulated penalties under the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. 9601 et seq.) against McClellan Air Force Base, California.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel as of September 30, 1999, as follows:

      (1) The Army, 480,000.

      (2) The Navy, 372,696.

      (3) The Marine Corps, 172,200.

      (4) The Air Force, 370,882.

SEC. 402. REPEAL OF MINIMUM END STRENGTH PROVISIONS TO CONFORM END STRENGTH MANAGEMENT PROVISIONS WITH THE BUDGET.

    (a) IN GENERAL- Section 691 of title 10, United States Code, is repealed.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 39 of such title 10 is amended by striking the item relating to section 691.

SEC. 403. ANNUAL MANPOWER REQUIREMENTS REPORT.

    Section 115a(a) of title 10, United States Code, is amended by striking out ‘not later than February 15 of each fiscal year’ and inserting in lieu thereof, ‘not later than 90 days from the date on which the President’s budget is presented to Congress’.

SEC. 404. JOINT STAFF GENERAL OFFICER AND FLAG STRUCTURE.

    (a) EXEMPTIONS FROM HEADSPACE FOR NIMA DIRECTOR AND JOINT STAFF DIRECTOR- Section 525(b)(4) of title 10, United States Code, is amended--

      (1) in subparagraph (A) by striking ‘subparagraph (B)’ and inserting in lieu thereof ‘subparagraphs (B) and (C)’;

      (2) in subparagraph (B) by striking ‘six’ and inserting in lieu thereof ‘seven’;

      (3) by adding to the end the following new subparagraph (C):

        ‘(C) An officer while serving as the Director, National Imagery and Mapping Agency in the grade of lieutenant general or vice admiral is in addition to the number that would otherwise be permitted for his armed force for that grade under paragraph (1) or (2).’.

    (b) Making Permanent ‘Chairman’s 12’ Exemption From Joint Duty Requirements- Section 526(b) of such title 10 is amended--

      (1) by striking the designator ‘(1)’ at the beginning of the first sentence of the section; and

      (2) by striking paragraph (2).

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) IN GENERAL- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 1999, as follows:

      (1) The Army National Guard of the United States, 357,000.

      (2) The Army Reserve, 208,000.

      (3) The Naval Reserve, 90,843.

      (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 component shall be reduced proportionately by--

      (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year, and

      (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 1999, the following number 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, administering, 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:

      (1) For the Army Reserve, 5,205.

      (2) For the Army National Guard of the United States, 22,179.

      (3) For the Air Force Reserves, 9,761.

      (4) For the Air National Guard of the United States, 22,408.

SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

    (a) OFFICERS- The table in section 12022(a) of title 10, United States Code, is amended to read as follows:

-------------------------------------------------------------------
‘Grade                           Army  Navy Air Force Marine Corps 
-------------------------------------------------------------------
Major or Lieutenant Commander   3,219 1,071       703          140 
Lieutenant Colonel or Commander 1,524   720       676           90 
Colonel or Navy Captain           412   188       274          30’ 
-------------------------------------------------------------------

    (b) SENIOR ENLISTED MEMBERS- The table in section 12012(a) of title 10, United States Code, is amended to read as follows:

-----------------------------------------
‘Grade  Army Navy Air Force Marine Corps 
-----------------------------------------
E-9      603  202       388           20 
E-8    2,585  429       965          94’ 
-----------------------------------------

SEC. 415. EXCLUDING CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR MORE FROM ACTIVE COMPONENT END EXCLUDING CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR MORE FROM ACTIVE COMPONENT END.

    Section 115(d), title 10, United States Code, is amended by adding a new subsection (9) as follows:

      ‘(9) Members of reserve components on active duty to perform special work in support of peacetime requirements of the military services and combatant commands for 181 days or more. The total number of personnel included in this category shall not exceed two-tenths of one percent of the end strengths authorized pursuant to subsection (a)(1).’.

Subtitle C--Reserve Mobilization Income Insurance Fund

SEC. 421. RESERVE MOBILIZATION INCOME INSURANCE FUND.

    Funds are hereby authorized to be appropriated for the Reserve Mobilization Income Insurance Fund established by section 12528 of title 10, United States Code, in the amount of $37,000,000.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Active Forces

SEC. 501. PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.

    Section 662(a)(3) of title 10, United States Code, is amended by striking ‘(other than officers covered in paragraph (1) and (2))’ and by inserting in lieu thereof ‘other than to the Joint Staff’.

SEC. 502. SELECTIVE EARLY RETIREMENT BOARDS OF RESERVE GENERAL AND FLAG OFFICERS OF THE NAVY AND MARINE CORPS: BOARD COMPOSITION.

    Section 14705(b) of title 10, United States Code, is amended by revising subsection (b) to read as follows:

    ‘(b) BOARDS- If the Secretary of the Navy determines that consideration for early retirement under this section is necessary, the Secretary shall convene a board to recommend an appropriate number of officers for early retirement.

      ‘(1) In the case of a board to consider the early retirement of officers in the grade of rear admiral (lower half) in the Naval Reserve or brigadier general in the Marine Corps Reserve, the Secretary shall convene a board under section 14101(b) of this title.

      ‘(2) In the case of a board to consider the early retirement of officers in the grade of rear admiral in the Naval Reserve or major general in the Marine Corps Reserve, the Secretary shall convene a board under section 14101(b) of this title except that the Secretary may direct the composition of such a selection board, notwithstanding section 14102(b), provided each member of the selection board holds a permanent grade higher than the grade of the officers under consideration by the board.’.

SEC. 503. ACTIVE STATUS SERVICE REQUIREMENT FOR PROMOTION CONSIDERATION FOR RESERVE BRIGADIER GENERALS OF THE ARMY AND AIR FORCE.

    Subsection 14301(a) of title 10, United States Code, is amended by--

      (1) striking ‘and’ at the end of paragraph (1).

      (2) striking the period at the end of paragraph (2) and inserting ‘; and’ in lieu thereof.

      (3) adding the following new paragraph (3):

      ‘(3) Notwithstanding the requirement in paragraphs (1) and (2), the Secretary of the Army or Secretary of the Air Force may permit a Reserve component brigadier general to be considered for promotion to major general by a promotion board convened under section 14101(a) of this title if that general officer has been on the inactive status list for less than one year as of the date of the convening of the promotion board, and 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 transfer to the inactive status list.’.

SEC. 504. POSTHUMOUS COMMISSIONS AND WARRANTS.

    Section 1521(a)(3) of title 10, United States Code, is amended--

      (1) by inserting ‘whether before or after the member’s death’ after ‘approved by the Secretary concerned’; and

      (2) by inserting the following sentence at the end:

      Notwithstanding any other provision of law, if the member dies prior to Secretarial approval, then the date of the appointment will be as of the date of death.’.

SEC. 505. EXCLUSION OF REGULAR CHIEF WARRANT OFFICERS, W-4, FROM INVOLUNTARY RETIREMENT FOR NON-SELECTION FOR PROMOTION.

    Section 580(a)(1) of title 10, United States Code, is amended by inserting ‘other than a chief warrant officer, W-4)’ after ‘a regular chief warrant officer’.

SEC. 506. CLARIFICATION OF SELECTION PROCEDURES FOR THE JUDGE ADVOCATES GENERAL AND THE ASSISTANT/DEPUTY JUDGE ADVOCATES GENERAL OF THE MILITARY DEPARTMENTS.

    (a) ARMY- Section 3037(d) of title 10, United States Code, is amended by adding at the end the following new sentence: ‘The Secretary of the Army shall specify the number of officers, not fewer than three nor more than five for each position to be filled, to be recommended.’.

    (b) NAVY- (1) THE JUDGE ADVOCATE GENERAL- Section 5148(c) of such title 10 is amended by adding at the end the following new sentence: ‘The Secretary of the Navy shall specify the number of officers, not fewer than three nor more than five for each position to be filled, to be recommended.’;

    (2) THE DEPUTY JUDGE ADVOCATE GENERAL- Section 5149(a)(2) of such title 10 is amended by adding at the end the following new sentence: ‘The Secretary of 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 COMMANDANT OF THE MARINE CORPS- Section 5046(b) of such title 10 is amended by adding at the end the following new sentence: ‘The Secretary of the Navy shall specify the number of officers not fewer than three nor more than five for each position to be filled, to be recommended.’.

    (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 pleasure of the Secretary and may not be reappointed to the same position.’.

    (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 subparagraph (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 Department 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 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 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 SUBSTANDARD 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 convened 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 Requirement- 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--

      (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 officer, 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 officer, or former officer’ after ‘record of the officer.’

      (6) in paragraph (b)(3) by inserting ‘retired officer, or former officer’ after ‘officer’ the first place it appears;

      (7) in paragraph (c)(1) by inserting ‘retired officer, or former officer’ after ‘officer’ the first place it appears; and

      (8) in paragraph (d)(1) inserting ‘retired officer, 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 COMPONENT.

    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 support of either the active or Reserve components of the armed forces, and Defense Agencies. No more than one 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 OFFICER 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 Secretary 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 having 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 appointment of that person in the recommended grade.’.

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, 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 are increased by 3.1 percent.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.

    (a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United States Code, is amended by striking out ‘September 30, 1999’ and inserting in lieu thereof ‘September 30, 2001’.

    (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, 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 OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(e) of title 37, United States Code, is amended by striking out ‘September 30, 1999’ and inserting in lieu thereof ‘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 inserting in lieu thereof ‘October 1, 2001’.

SEC. 612. 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 striking ‘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 ‘September 30, 1999’ and inserting in lieu thereof ‘September 30, 2000’.

    (c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of title 37, United States Code, is amended by striking ‘September 30, 1999’ and inserting in lieu thereof ‘September 30, 2000’.

    (d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS- Section 308d(c) of title 37, United States Code, is amended by striking ‘September 30, 2000’.

    (e) SELECTIVE RESERVE AFFILIATION BONUS- 308e(e) of title 37, United States Code, is amended by striking ‘September 30, 1999’ and inserting in lieu thereof ‘September 30, 2000’.

    (f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of title 37, United States Code, is amended by striking ‘September 30, 1999’ and inserting in lieu thereof ‘September 30, 2000’.

    (g) PRIOR SERVICE REENLISTMENT BONUS- Section 308i(i) of title 37, United States Code, is amended by striking ‘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 ‘October 1, 1999’ and inserting in lieu thereof ‘October 1, 2000’.

SEC. 613. EXTENSION OF SPECIAL PAY FOR NURSE ANESTHETISTS.

    Section 302e(a)(1) of title 37, United States Code, is amended by striking out ‘September 30, 1999’ and inserting in lieu thereof ‘September 30, 2001’.

SEC. 614. REENLISTMENT BONUS ELIGIBILITY FOR MEMBERS OF THE RESERVE COMPONENTS WHO PERFORM ACTIVE GUARD AND RESERVE DUTY.

    Section 308(a)(1)(D) of title 37, United States Code, is amended to read as follows:

        ‘(D) reenlists or voluntarily extends his enlistment in a regular component or a reserve component (if performing Active Guard and Reserve duty as defined in section 101(d)(6) of title 10) of the service concerned, for a period of at least three years;’.

SEC. 615. INCREASED MAXIMUM BONUS FOR ENLISTMENT IN THE ARMY.

    Section 308f(a) of title 37, United States Code, is amended by striking out ‘$4,000’ and inserting in lieu thereof ‘$6,000’.

Subtitle C--Other Matters

SEC. 621. REST AND RECUPERATION TRANSPORTATION.

    (a) TRANSPORTATION ALLOWANCE FOR REST AND RECUPERATION TRAVEL- Section 411c of title 37, United States Code, is amended by adding at the end the following new subsection:

    ‘(c)(1) The Secretary of Defense (or the Secretary of Transportation with respect to members of the Coast Guard when it is not acting as a service in the Department of the Navy) may authorize transportation under subparagraph (a) for members of the armed forces serving at a duty station outside the United States--

      ‘(A) in a contingency operation, or

      ‘(B) when the Secretary determines that it would be in the best interests of the members and the United States because of unusual conditions existing at that station.

    ‘(2) The Secretary may authorize transportation under this subsection only as part of a program of rest and recuperation authorized in advance by the Secretary specifically for the contingency operation or duty station concerned.

    ‘(3) The transportation authorized by this subsection.

      ‘(A) is limited to one round-trip during any period of continuous service described in paragraph (1) of at least 6, but less than 24, months; and

      ‘(B) is in addition to transportation members may subsequently become eligible for under this section, provided members may not be authorized transportation under this subsection for travel beginning more than 24 months after the service described in paragraph (1) begins or after such service ends, whichever is earlier.’.

    (b) CONFORMING AMENDMENT- Section 411c of title 37, United States Code, is further amended in subsection (b) by striking ‘The transportation authorized by this section’ and inserting in lieu thereof ‘Except as provided in subsection (c), the transportation authorized by this section’.

SEC. 622. DELETION OF CANAL ZONE FROM DEFINITION OF ‘POSSESSIONS’.

    Section 101(2) of title 37, United States Code, is amended by striking ‘the Canal Zone’.

SEC. 623. STORAGE OF STUDENT DEPENDENT’S UNACCOMPANIED BAGGAGE.

    Section 430(b) of title 37, United States Code, is amended--

      (1) by inserting ‘The unaccompanied baggage may be stored in lieu of shipment if advantageous to the Government.’ after ‘The allowance authorized by this section may be transported in kind or reimbursement therefor, as prescribed by the Secretaries concerned.’; and

      (2) by striking ‘However’ from the beginning of the next sentence.

SEC. 624. UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

    Section 9314(b)(2)(B) of title 10, United States Code, is amended by striking ‘section 5306(e)’ and inserting in lieu thereof ‘section 5373’.

SEC. 625. ANNUAL LEAVE; ACCUMULATION.

    Section 6304(d)(3)(A) of title 5, United States Code, is amended--

      (1) by inserting ‘the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977,’ after ‘2687 note) during any period,’; and

      (2) by striking ‘December 31, 1997’ and inserting in lieu thereof ‘December 31, 2003’.

SEC. 626. EFFECTIVE DATES OF SURVIVOR BENEFIT COVERAGE.

    Section 1448(b)(3)(C) of title 10, United States Code, is amended by inserting ‘, or in the case of an election made by a person described in section 1450(f)(3)(B), the effective date shall be that described for a deemed election under section 1450(f)(3)(D)’ after ‘the Secretary concerned’.

SEC. 627. LEAVE WITHOUT PAY FOR SUSPENDED CADETS AND MIDSHIPMEN.

    Section 702 of title 10, United States Code, is amended by adding at the end the following new subsection:

    ‘(c) The Superintendents of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy may order a cadet or midshipman enrolled at the Academy under the jurisdiction of the Superintendent placed on involuntary leave without pay if, under regulations prescribed by the Secretary concerned, the cadet or midshipman has been suspended from the Academy pending separation from the Academy or return to the Academy to repeat an academic semester or year, or for other good cause. A cadet or midshipman who is placed on involuntary leave under this subsection pending separation shall not be entitled to back pay for any period of the suspension because the cadet or midshipman returns to the Academy.’.

SEC. 628. REMOVAL OF TEN PERCENT RESTRICTION ON SELECTIVE 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 Defense has not established schools pursuant to this chapter, the Secretary of Defense and the Secretary of Transportation, with regard to the Coast Guard, are authorized to provide an educational allowance to the sponsors of dependents. The Secretary of Defense and the Secretary of Transportation, with regard to members of the Coast Guard, shall issue regulations to implement this subsection that generally

are consistent with Department of State regulations concerning such allowances.’.

SEC. 630. DENTAL INSURANCE PROGRAMS IMPROVEMENTS.

    (a) UPDATE OF PREMIUM AMOUNTS FOR DEPENDENTS 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 PROGRAM WITH MANAGED CARE CONTRACTS- Section 1076a of such title is amended by adding at the end thereof 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 subsection (a) may be integrated into the TRICARE Program. With respect to dental care authorized to be provided 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 subsection (a).’.

SEC. 631. PROVISION FOR RECOVERY, CARE, AND DISPOSITION 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:

      ‘(1) Any regular of an armed force, or member of an armed force without regard to component, who dies--

        (A) while on active duty; or

        (B) while hospitalized after having been retired by reason of medical disability for an injury, illness or disease incurred while on active duty and the hospitalization has been continuous since the date of retirement from active duty.’.

    (b) EFFECTIVE DATE- This provision becomes effective as of the date of the enactment of this Act to provide the authority for the recovery, care, and disposition of remains to any member of the armed forces on active duty as of the date of this Act or thereafter and to any member hospitalized upon or after the date of the enactment of this Act who otherwise is eligible for such recovery, care, and disposition of remains under section 1481(a)(1)(B) of such title 10, as added by this section.

SEC. 632. MODIFICATION TO VOLUNTARY SEPARATION INCENTIVE TO ENSURE CONTINUED ELIGIBILITY FOR MEMBERS WHO INVOLUNTARILY LOSE MEMBERSHIP IN A RESERVE COMPONENT.

    Section 1175(a) of title 10, United States Code, is amended by inserting before the period at the end ‘, or for the period described in subsection 1175(e)(1) of this section if the member becomes ineligible for retention in an active or inactive status in a Reserve component because of age, years of service, failure to select for promotion, or medical disqualification, provided such ineligibility does not result from deliberate action on the part of the member with the intent to avoid retention in an active or inactive status in a Reserve component.’.

SEC. 633. AMENDMENT OF ELIGIBILITY REQUIREMENTS FOR ATTENDANCE AT DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS; WAIVER OF FIVE-YEAR LIMIT; REMOTE OR UNACCOMPANIED ASSIGNMENTS.

    Section 2164(c) of title 10, United States Code, is amended--

      (1) in paragraph (2) by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraph (2)(B):

      ‘(2)(B) A dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years at the discretion of the Secretary where the dependent is qualified, space is available in the program, and where the Secretary will be reimbursed for services provided. Any such extension may be made for only one school year at a time.’; and

      (2) by adding at the end the following new paragraph (4):

      ‘(4) A dependent of a member of the armed forces, where the member of the armed forces is assigned to a remote or unaccompanied assignment, and the dependent is residing, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by permanent change of station orders, may be enrolled in an educational program provided by the Secretary.’.

SEC. 634. RETIREMENT FOR LENGTH OF SERVICE.

    (a) ARMY- Section 3911(b) of title 10, United States Code, is amended by striking out ‘nine-year period’ and inserting in lieu thereof ‘thirteen-year period’;

    (b) NAVY AND MARINE CORPS- Section 6323(a)(2) of title 10, United States Code, is amended by striking out ‘nine-year period’ and inserting in lieu thereof ‘thirteen-year period’; and

    (c) AIR FORCE- Section 8911(b) of title 10, United States Code, is amended by striking

out ‘nine-year period’ and inserting in lieu thereof ‘thirteen-year period’.

SEC. 635. NAVY LIMITED DUTY OFFICERS; RETIREMENT FOR YEARS OF SERVICE.

    (a) EXTENSION OF EXEMPTION FOR NAVY COMMANDERS- Section 633 of title 10, United States Code, is amended by striking out ‘October 1, 1999’ and inserting in lieu thereof ‘October 1, 2003’;

    (b) EXTENSION OF EXEMPTION FOR REGULAR NAVY CAPTAINS- Section 634 of title 10, United States Code, is amended by striking out ‘October 1, 1999’ and inserting in lieu thereof ‘October 1, 2003’;

    (c) EXTENSION OF EXEMPTION FROM MANDATORY RETIREMENT FOR FAILURE OF PROMOTION IN NAVAL SERVICE- Section 6383(a)(5) of title 10, United States Code, is amended by striking out ‘October 1, 1999’ and inserting in lieu thereof ‘October 1, 2003’; and

    (d) CONFORMING AMENDMENT REGARDING LIMITATION OF PERIOD A DEFERRED OFFICER MAY REMAIN ON ACTIVE DUTY- Section 6383(k) of title 10, United States Code, is amended by striking out ‘October 1, 1999’ and inserting in lieu thereof ‘October 1, 2003’.

TITLE VII--ACQUISITION POLICY AND MANAGEMENT

SEC. 701. REPEAL OF LIMITATION ON AUTHORITY TO DELEGATE APPROVAL OF NONCOMPETITIVE PROCEDURES.

    (a) ARMED SERVICES ACQUISITIONS- Section 2304(f) of title 10, United States Code, is amended--

      (1) in clause (1)(B)(ii), by striking ‘(or the head of the procuring activity’s delegate pursuant to paragraph (6)(A))’ and inserting in lieu thereof ‘(or his delegate at a level no lower than the competition advocate for the procuring activity)’;

      (2) in clause (1)(B)(iii), by striking ‘designated pursuant to paragraph (6)(C)’ and inserting in lieu thereof ‘at a level no lower than Defense agency senior procurement executive’; and

      (3) by striking paragraph (6).

    (b) CIVILIAN AGENCY ACQUISITIONS- Section 303(f)(1)(B)(ii) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(ii)) is amended by striking ‘or a delegate who, if a member of the armed forces, is a general or flag officer or, if a civilian, is serving in a position in the Senior Executive Service (or in a comparable or higher position under another schedule); or’ inserting in lieu thereof ‘or his delegate at a level no lower than the competition advocate for the procuring activity; or’.

SEC. 702. MODIFICATION TO COST OR PRICING DATA: TRUTH IN NEGOTIATIONS.

    (a) ARMED SERVICES PROCUREMENTS- Section 2306a(a) of title 10, United States Code, is amended--

      (1) by striking paragraph (5); and

      (2) by redesignating paragraphs (6) and (7) as (5) and (6), respectively.

    (b) PUBLIC AGENCY PROCUREMENTS- Section 304A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b(a)) is amended--

      (1) by striking paragraph (5); and

      (2) by redesignating paragraphs (6) and (7) as (5) and (6), respectively.

SEC. 703. PROCUREMENT TECHNICAL ASSISTANCE PROGRAM DISTRIBUTION CONFORMING AMENDMENT.

    Section 2413(c) of title 10, United States Code, is amended by striking ‘region’ and inserting in lieu thereof ‘district’.

SEC. 704. PROCUREMENT TECHNICAL ASSISTANCE PROGRAM LIMITATION.

    (a) IN GENERAL- Section 2415 of title 10, United States Code is repealed.

    (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 redesignating subsections (c) and (d) as (b) and (c), respectively.

SEC. 706. CONTRACT DISPUTES ACT AMENDMENT RELATING TO PAYMENT OF INTEREST ON CONTRACTOR 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 pursuant 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.’.

    (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 acquisition program, program executive officer position, general or flag officer position or civilian position equivalent thereto, 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 subparagraph:

      ‘(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 personnel action, a base closure action or other reason other than for cause, from being eligible for membership in the Corps.’.

SEC. 709. OFPP TEST PROGRAM FOR EXECUTIVE AGENCIES.

    (a) IN GENERAL- Section 5061 of the Federal Acquisition Streamlining Act (41 U.S.C. 413 note) is amended--

      (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 contracts exceeding $5,000,000 is conducted within the Department of Defense’;

      (3) in subsection (g) by striking ‘270’ and inserting 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 pursuant 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

      (2) expiration of the time period that was provided by subsection (g) prior to enactment of this Act.

SEC. 710. MENTOR-PROTEGE PROGRAM.

    (a) Section 831 of the National Defense Authorization 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 protege costs, subject to Department of Defense regulations,’ after ‘of subsection (f)’;

      (5) by striking subsection (j) and inserting in lieu thereof the following new subsection (j):

    ‘(j) WOMEN OWNED SMALL BUSINESS PILOT INITIATIVE- 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 proteges. The 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 ‘disadvantaged 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 economically disadvantaged individuals’.

SEC. 711. HOLDING GAO PROTEST PROCEEDINGS IN ABEYANCE.

    Section 3554(b) of title 31, United States Code, is amended by adding at the end the following new paragraph (4):

      ‘(4) On petition of the government, with consent 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 protest timely filed before the Comptroller General. Such stay may remain in effect up to 35 days for completion of the agency protest procedure. Upon request of the Government or protestor, the Comptroller 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 extended 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 simplified 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, synthetic 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 containing such fibers, yarns, fabrics, or materials, or specialty metals including stainless steel flatware, or hand or measuring tools, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that satisfactory quality and sufficient quantity of any articles or items of individual equipment, tents, tarpaulins, covers, or clothing or any form of cotton or other natural fiber products, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, canvas products, wool, or specialty metals including stainless steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions when such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in furtherance of agreements with foreign governments in which both governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 2457 of title 10, United States Code.’.

TITLE VIII--DEPARTMENT OF DEFENSE MANAGEMENT

Subtitle A--General Management

SEC. 801. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.

    Section 401(c) of title 10, United States Code, is amended--

      (1) in paragraph (3), by striking ‘$5,000,000’ and inserting in lieu thereof $10,000,000’; and

      (2) by adding at the end the following new paragraph (5):

      ‘(5) Not more than ten percent of funds available for the activities described in subsection (e)(5) may be used to pay for the pay and allowances of Reserve Component personnel performing duty in connection with training and activities related to the clearing of landmines for humanitarian purposes.’.

SEC. 802. COLLECTION OF DISHONORED CHECKS ISSUED TO THE DEFENSE COMMISSARY AGENCY.

    Section 2486 of title 10, United States Code, is amended by adding the following new subsection at the end:

    ‘(f) DISHONORED CHECK COLLECTION- (1) The Secretary of Defense, consistent with commercial supermarket practices, may impose a surcharge for dishonored checks. Such surcharge is authorized notwithstanding any other law relating to the collection of funds due the Government. Any surcharge collected as a result of this section shall be deposited to the commissary trust revolving fund. Appropriated funds may be used to pay any costs incurred in the collection of dishonored checks but only to the extent that such accounts are reimbursed for the payment of such costs from the commissary trust revolving fund.

    ‘(2) Authorized patrons receiving compensation from the United States are deemed to have consented to the recoupment of dishonored checks of their authorized family members from their pay or entitlements. Dishonored checks may be collected through--

      ‘(A) deductions from military pay or entitlements;

      ‘(B) deductions from other obligations from the United States due the maker or sponsor of the maker of the check; or

      ‘(C) when such collection or voluntary redemption is unsuitable, the Agency may utilize a commercial organization to collect amounts due as a consequence of the dishonored check.’.

SEC. 803. REVISION OF INSPECTION REQUIREMENTS RELATING TO THE ARMED FORCES RETIREMENT HOME.

    Section 418 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is amended to read as follows:

‘Sec. 418. Inspection of retirement home

    ‘The Inspectors General of the Military Departments shall--

      ‘(1) conduct, at three-year intervals on an alternating basis, an inspection of the Retirement Home to include the records of the Home; and

      ‘(2) submit to the Retirement Home Board, the Secretary of Defense, and Chairpersons of the National Security Committee of the House of Representatives and the Armed Services Committee of the Senate a report describing the results of the inspection with its recommendations, if any.’.

SEC. 804. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND MAPPING AGENCY.

    Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 105A (50 U.S.C. 403-5a) the following new section:

‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND MAPPING AGENCY

    ‘SEC. 105B. (a). EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE- (1) Operational files of the National Imagery and Mapping Agency may be exempted by the Director of the National Imagery and Mapping Agency from the provisions of section 552 of Title 5, United States Code (Freedom of Information Act), which require publication or disclosure, or search or review, in connection therewith.

    ‘(2) For the purposes of this section, the term ‘operational files’ means files of the National Imagery and Mapping Agency (NIMA) concerning the activities of NIMA that were previously performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), and which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems, except that files which are the sole repository of disseminated intelligence are not operational files.

    ‘(3) Notwithstanding subsection (1) of this section, exempted operational files shall continue to be subject to search and review for information concerning--

      ‘(A) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of Section 552 of Title 5, United States Code (Freedom of Information Act), or section 552a of Title 5, United States Code (Privacy Act of 1974);

      ‘(B) Any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of Title 5, United States Code; or

      ‘(C) The specific subject matter of an investigation by the Intelligence Oversight Board, the Department of Justice, the Office of General Counsel of the National Imagery and Mapping Agency, or the Office of the Director of the National Imagery and Mapping Agency for any impropriety, or violation of law, Executive Order, or Presidential directive, in the conduct of an intelligence activity.

    ‘(4)(A) Files that are not exempted under subsection (a)(1) of this section which contain information derived or disseminated from exempted operational files shall be subject to search and review.

    ‘(B) The inclusion of information from exempted operational files in files that are not exempted under paragraph (1) shall not affect the exemption under subsection (1) of this section of the originating operational files from search, review publication, or disclosure.

    ‘(C) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under paragraph (1) and which have been returned to exempted operational files for sole retention shall be subject to search and review.

    ‘(5) The provisions of subsection (a)(1) may not be superseded except by a provision of law which is enacted after the date of enactment of this Act, and which specifically cites and repeals or modifies its provisions.

    ‘(6) Whenever any person who has requested agency records under section 552 of title 5, United States Code (Freedom of Information Act), alleges that the National Imagery and Mapping Agency has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, United States Code, except that--

      ‘(A) in any case in which information specifically authorized under criteria established by an Executive Order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the National Imagery and Mapping Agency, such information shall be examined ex parte, in camera by the court;

      ‘(B) the court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of the parties;

      ‘(C) when a complainant alleges that requested records were improperly withheld because of improper exception of operational files, the National Imagery and Mapping Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational

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files likely to contain responsible records currently perform the functions set forth in subsection (a)(2) of this section;

      ‘(D)(i) when a complainant alleges that requested records were improperly withheld because of improper exception of operational files, the National Imagery and Mapping Agency shall meet its burden under section 552(a)(4)(B) of Title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsible records currently perform the functions set forth in subsection (a)(2) of this section; and

      ‘(ii) the court may not order the National Imagery and Mapping Agency to review the content of any exempted operational file or files in order to make the demonstration required under subparagraph (1) of this paragraph, unless the complainant disputes the National Imagery and Mapping Agency’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence;

      ‘(E) in proceedings under subparagraphs (C) and (D) of paragraph (a)(6), the parties shall not obtain discovery pursuant to rules 26 and 36;

      ‘(F) if the court finds under this subsection that the National Imagery and Mapping Agency has improperly withheld requested records because of failure to comply with any provisions of this section, the court shall order the National Imagery and Mapping Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with the section;

      ‘(G) if at any time following the filing of a complaint pursuant to this subsection the National Imagery and Mapping Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint;

      ‘(H) any information filed with, or produced for the court pursuant to subparagraphs (A) and (D) shall be coordinated with the Director of Central Intelligence prior to submission to the court.

    ‘(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES- (1) Not less than once every ten years, the Director of the National Imagery and Mapping Agency and the Director of Central Intelligence shall review the exemptions in force under (a)(1) of this section to determine whether such exemptions may be removed from the category or exempted files or any portion thereof. The Director of Central Intelligence may disapprove any determination to remove such exemptions.

    ‘(2) The review required by subsection (b)(1) of this section shall include consideration of the historical values of other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.

    ‘(3) A complaint which alleges that the National Imagery and Mapping Agency has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining;

      ‘(A) whether the National Imagery and Mapping Agency has conducted the review required by subsection (b)(1) within 10 years after the enactment of this section or within ten years after the last review; and

      ‘(B) whether the National Imagery and Mapping Agency, in fact, considered the criteria set forth in subsection (b)(2) of this section in conducting the required review.’.

SEC. 805. PROTECTION OF COMMERCIAL SOURCES.

    Section 455(b)(1) of title 10, United States Code, is amended by--

      (1) in subparagraph (B) by striking ‘or’;

      (2) in subparagraph (C) by striking the period at the end inserting in lieu thereof ‘; or’;

      (3) by adding at the end the following new subparagraph (D):

        ‘(D) that contains information that the Secretary of Defense has determined in writing, if disclosed, would interfere or unfairly compete with an emerging or existing commercial industry or market operation.’; and

      (4) by adding at the end the following new paragraph (4):

      ‘(4) Nothing in this section shall affect, limit, or supersede the authorities or responsibilities of the Director of the Central Intelligence Agency with respect to imagery and imagery intelligence pursuant to the National Security Act of 1947, as amended (50 U.S.C. 402 et seq.), Executive Order 12951, or any successor Executive order and applicable Presidential directives. The withholding of imagery and imagery intelligence will be in accordance with the policies and directives of the Director of Central

Intelligence.’.

SEC. 806. REPEAL OF EXPORT CONTROLS ON HIGH PERFORMANCE COMPUTERS.

    Subtitle B of Title XII of Division A (Sections 1211-1215) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85, 111 Stat. 1932) is repealed.

SEC. 807. REPEAL OF REQUIREMENT TO TRANSFER TACTICAL AIRLIFT MISSION TO RESERVE 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. 808. CODIFICATION OF PROVISIONS PERTAINING TO GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES; WAIVER OF CHARGES FOR CERTAIN PARTICIPANTS OF THE ASIA PACIFIC CENTER.

    (a) IN GENERAL- (1) Chapter 134 of title 10, United States Code is amended by adding at the end the following new section:

‘Sec. 2256. George C. Marshall European Center for Security Studies and Asia Pacific Center for Security Studies

    ‘(a) USE OF CONTRIBUTIONS- Funds received by the United States Government from the Federal Republic of Germany as its fair share of the costs of the George C. Marshall European Center for Security Studies shall be credited to appropriations available to the Department of Defense for the George C. Marshall European Center for Security Studies. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes and the same period as the appropriations with which merged.

    ‘(b) WAIVER OF CHARGES- (1) The Secretary of Defense may waive reimbursement of the costs of conferences, seminars, courses of instruction, or similar educational activities of the George C. Marshall European Center for Security Studies for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace if the Secretary determines that attendance by such personnel without reimbursement is in the national security interest of the United States.

    ‘(2) The Secretary of Defense may waive reimbursement of the costs of conferences, seminars, courses of instruction, or similar educational activities of the Asia Pacific Center for Security Studies for military officers and civilian officials of foreign nations of the Asia Pacific Region if the Secretary determines that attendance by such personnel, without reimbursement, is in the national security interest of the United States.

    ‘(3) Costs for which reimbursement is waived pursuant to paragraphs (1) and (2) shall be paid from appropriations available for each Center.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘2256. George C. Marshall European Center for Security Studies and Asia Pacific Center for Security Studies.’.

    (b) REPEAL OF SUPERSEDED PROVISION RELATING TO GEORGE C. MARSHALL CENTER- Section 1306 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is repealed.

Subtitle B--Department of Defense Personnel Management

SEC. 811. DEMONSTRATION PROJECT RELATING TO CERTAIN PERSONNEL MANAGEMENT POLICIES AND PROCEDURES OF THE DEFENSE COMMISSARY AGENCY.

    (a) COMMENCEMENT- The Secretary of Defense is encouraged and authorized to take such steps as may be necessary to provide for the commencement of a demonstration project, the purpose of which would be to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that apply with respect to the Defense Commissary Agency.

    (b) TERMS AND CONDITIONS- (1) IN GENERAL- Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to section 4703 of title 5, United States Code, and all other provisions of such title that apply with respect to any demonstration project under such section.

    (2) EXCEPTIONS- Subject to paragraph (3), in applying section 4703 of title 5, United States Code, with respect to a demonstration project described in subsection (a)--

      (A) subsection (b)(3) shall be disregarded;

      (B) ‘180 days’ in subsection (b)(4) of such section shall be deemed to read ‘30 days’;

      (C) ‘90 days’ in subsection (b)(6) of such section shall be deemed to read ‘30 days’;

      (D) subsection (c)(1) shall be deemed to read as follows:

      ‘(1) subchapter V of chapter 63 or subpart G of part II of this title’;

      (E) subsection (d) shall be disregarded; and

      (F) subsection (f) shall be disregarded and, in lieu thereof, subsection (c) of this section shall apply.

    (3) CONDITION- Paragraph (2) shall not apply with respect to a demonstration project unless it--

      (A) involves only the workforce of the Defense Commissary Agency (or any part thereof); and

      (B) commences during the 3-year period beginning on the date of the enactment of this Act.

    (c) PARTNERSHIP WITH UNIONS-

      (1) Except as provided in paragraph (2) employees within a unit to which a labor organization is accorded exclusive recognition under chapter 71 of title 5, United States Code, shall not be subject to any of the flexibilities contained in a demonstration project authorized under this section unless the exclusive representative and the Defense Commissary Agency have entered into a written agreement which specifically provides for the exercise of that flexibility.

      (2) Notwithstanding paragraph (1)--

        (A) if the exercise of any flexibility provided by the demonstration project would affect employees who are in more than one bargaining unit affiliated with the same national labor organization and who are covered by more than one collective bargaining agreement, such flexibility may be exercised if there is a written agreement permitting such exercise between the Defense Commissary Agency and the national labor organization; and

        (B) if the exercise of any flexibility provided by the demonstration project would affect employees who are in more than one bargaining unit and whose exclusive representatives are affiliated with more than one national labor organization, such flexibility may be exercised if there is a written agreement permitting such exercise between the Defense Commissary Agency and all of such national labor organizations.

      (3) The written agreements referred to in paragraphs (1) and (2) may not be imposed by the Federal Services Impasses Panel under section 7119 of title 5, United States Code.

SEC. 812. EMPLOYMENT PREFERENCE PROGRAM FOR MILITARY SPOUSES.

    Section 1792 of title 10, United States Code, is amended--

      (1) by striking out subsection (d); and

      (2) by redesignating subsection (e) as subsection (d).

SEC. 813. PRESERVATION OF CIVIL SERVICE RIGHTS FOR EMPLOYEES OF THE FORMER DEFENSE MAPPING AGENCY.

    Notwithstanding section 1612 of title 10, United States Code, the provisions of subchapters II and IV (sections 7511 through 7514 and sections 7531 through 7533, respectively) of chapter 75 of title 5, United States Code, continue to apply, for as long as the employee continues to serve as a Department of Defense employee in the National Imagery and Mapping Agency without a break in service, to each of those former Defense Mapping Agency employees who occupied positions established under title 5, United States Code, and who on October 1, 1996, became employees of the National Imagery and Mapping Agency under paragraph 1601(a)(1) of title 10, United States Code pursuant to Title XI of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2675, et seq.) and for whom the provisions of chapter 75 of title 5, United States Code, applied before October 1, 1996. Such an employee, at any time, may elect to waive the provisions of this section, in which case such waiver shall be permanent as to that employee.

SEC. 814. CLARIFICATION OF DEFENSE CIVILIAN PERSONNEL SYSTEM POSITIONS.

    (a) AUTHORITY FOR SENIOR DOD INTELLIGENCE POSITIONS- Section 1601(a)(1) of title 10, United States Code, is amended to read as follows:

      ‘(1) establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as the Secretary of Defense determines necessary to carry out the intelligence functions of the Department including--

        ‘(A) Intelligence Senior Level positions designated under section 1607 of this title; and

        ‘(B) positions in the Defense Intelligence Senior Executive Service;’.

    (b) CONFORMING DEFINITION FOR DEFENSE INTELLIGENCE POSITION- Subsection 1614 of such title 10 is amended to read as follows:

      ‘(1) The term ‘defense intelligence position’ means a civilian position as an intelligence officer or intelligence employee of the Department of Defense.’.

SEC. 815. MODIFICATION TO MANAGEMENT TRAINING PROGRAM IN JAPANESE LANGUAGE AND CULTURE.

    Section 2198 of title 10, United States Code, is amended in subsections (a) and (b) by striking ‘shall’ and inserting in lieu thereof ‘may’.

SEC. 816. EXPERIMENTAL PERSONNEL AUTHORITY--DEFENSE ADVANCED RESEARCH PROJECTS AGENCY.

    (a) AUTHORITY- In order to facilitate the conduct of research and development through the Defense Advanced Research Projects Agency, the Secretary of Defense is authorized to--

      (1) appoint, notwithstanding any other provision of title 5, United States Code, for appointment or classification, up to 20 scientific and engineering personnel, and fix their

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compensation, notwithstanding any other provision of law, at a rate not exceeding the maximum rate for a Senior Level salary;

      (2) provide by regulation for a system of additional payments for the positions in (a)(1) which is described in (d)(2).

    (b) TERM AND REPORTS- The authority of this section to make appointments shall terminate five years from the date of enactment. The Secretary of Defense shall report annually for the five years after the date of enactment of this Act to the Committee of Armed Services of the United States Senate and the Committee on National Security of the House of Representatives on the use of authorities under this section.

    (c) DEFINITIONS- As used in this section--

      (1) ‘Agency’ means the Defense Advanced Research Projects Agency.

      (2) ‘Senior Level salary’ means a pay rate set in accordance with section 5376, title 5, United States Code.

    (d) PROCEDURES- In exercising the authorities under this section the following procedures apply:

      (1) Excepted service appointments pursuant to subsection (a)(1) of this section are limited to four years, except that upon a determination by the Secretary of Defense or his designee that such action is necessary to promote the efficiency of the agency, such appointment may be extended for up to two additional years;

      (2) Regulations governing additional payments made pursuant to subsection (a)(2) shall limit such payments to $25,000 per year, or 25 percent of salary, per person per year, as long as total compensation does not exceed the limit established by section 5307 of title 5. Such payments will be made for the purpose of creating a compensation package allowing for the recruitment and retention of highly qualified personnel.

TITLE IX--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 901. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR PROCUREMENT OF RESERVE EQUIPMENT.

    Section 114(e) of title 10, United States Code, is repealed.

SEC. 902. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE DEPARTMENT OF DEFENSE.

    Section 1405 of the Department of Defense Authorization Act, 1986 (31 U.S.C. 1105 note) is repealed.

SEC. 903. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.

    (a) ESTABLISHMENT OF PROGRAM- Section 1412(c) of the Department of Defense Authorization Act, 1986 (Public Law 99-145) (50 U.S.C. 1521), is amended by adding at the end the following:

      ‘(4)(A) The Director of the Federal Emergency Management Agency shall administer a program to provide off-post emergency preparedness required to protect the public around installations where lethal chemical agents and munitions are stored in the continental United States from risks that may be identified by the Secretary;

      ‘(B) The Director shall assist States in developing offsite emergency response capabilities necessary for operation and maintenance of the facilities identified in subsection (c)(1)(B);

      ‘(C) The Director may make grants to State and local governments for the purposes of this subsection.

      ‘(D) The Director may establish an incentive program to encourage State and local governments to achieve early, efficient, and cost-effective attainment of the level of emergency preparedness required under this subsection. Under the program, the Director may permit any State or a State’s subgrantee to retain a portion of a grant made under paragraph (C) that represents cost savings realized by the State or subgrantee because of early completion of program objectives. Amounts retained by any State or subgrantee shall not exceed $100,000 in any fiscal year and shall be available for any purpose determined by the State or subgrantee.

      ‘(E) The Director shall report annually to Congress on the activities carried out under this subsection.

    (b) PROGRAM FUNDING- Section 1412(f) (50 U.S.C. 1521(f)) of such Act is amended--

      (1) by striking ‘IDENTIFICATION OF FUNDS- Funds’ and inserting in lieu thereof ‘IDENTIFICATION OF FUNDS- (1) Funds’;

      (2) by inserting ‘(other than funds for carrying out the program established in subsection (c)(4))’ after ‘Funds for carrying out this section’;

      (3) by striking the second sentence; and

      (4) by adding at the end the following:

      ‘(2) Funds appropriated for carrying out the program established in subsection (c)(4) shall be set out in a separate defense-related activities program account for the Federal Emergency Management Agency for any fiscal year under the national defense function (function 050) of the Budget of the United States.’.

SEC. 904. AUTHORITY TO MOVE FUNDS FOR COMBATING TERRORISM SUPPORT TO MILITARY OPERATIONS.

    (a) IN GENERAL- Chapter 6 of title 10, United States Code, is amended by inserting after section 166a the following new section:

‘Sec. 166b. Combatant commands: funding for combating terrorism support

    ‘From funds made available in any fiscal year to the Chairman of the Joint Chiefs of Staff for combating terrorism under the ‘Operation and Maintenance, Defense-Wide’ account and the ‘Procurement, Defense-Wide’ account, the Secretary of Defense may transfer funds between such accounts in such amounts as may be necessary to meet unanticipated, critical requirements for combating terrorism or for force protection.’.

    (b) CLERICAL AMENDMENT- The table of sections for such chapter 6 is amended by inserting after the item relating to section 166a, the following new item:

      ‘166b. Combatant commands: funding for combating terrorism support.’.

SEC. 905. TRANSFER OF FUNDS: PROCEDURE AND LIMITATIONS.

    Section 2214 of title 10, United States Code, is amended--

      (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and

      (2) by inserting after subsection (a) the following new subsection (b):

    ‘(b) LIMITED TRANSFER AUTHORITY WITHIN ACQUISITION PROGRAMS- The Secretary of Defense, with the approval of the Office of Management and Budget, may transfer funds between investment appropriations of the Department of Defense (the various procurement appropriations and the various research, development, and test and evaluation programs of the Department of Defense) within acquisition category I and II programs or clearly defined groups of associated acquisition programs not to exceed $500,000,000 per year and $20,000,000 per acquisition program. The Secretary of Defense may delegate this authority no lower than the milestone decision authority as designated by the Under Secretary of Defense (Comptroller).’.

SEC. 906. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.

    (a) ELEMENTS SPECIFIED- In the Budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 1999 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the amount requested for activities of the Ballistic Missile Defense Organization shall be set forth in accordance with the following Program Elements:

      (1) The Patriot system.

      (2) The Navy Area system.

      (3) The Theater High-Altitude Area Defense system.

      (4) The Navy Theater Wide system.

      (5) The Medium Extended Air Defense System.

      (6) Joint Theater Missile Defense.

      (7) National Missile Defense.

      (8) Support Technologies.

      (9) Family of Systems Engineering and Integration.

      (10) Ballistic Missile Defense Technical Operations.

      (11) Threat and Countermeasures.

      (12) International Cooperative Programs.

    (b) TREATMENT OF BALLISTIC MISSILE DEFENSE MAJOR DEFENSE ACQUISITION PROGRAMS- Amounts requested for Theater and National Missile Defense Major Defense Acquisition Programs shall be specified in individual dedicated program elements, and amounts appropriated for such programs shall be available only for Ballistic Missile Defense activities.

    (c) MANAGEMENT AND SUPPORT- Program Elements shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.

SEC. 907. TRANSFER OF FUNDS RELATED TO THE EXECUTION OF MILITARY FAMILY HOUSING PRIVATIZATION PROJECTS.

    (a) TRANSFER AUTHORITY- In such amounts as provided in advance in appropriation Acts, the Secretary of Defense may transfer amounts for military housing from amounts appropriated therefor to the Department in Operations and Maintenance accounts, to Military Personnel accounts.

    (b) NOTICE REQUIREMENT- A transfer of appropriated amounts under subsection (a) may be made only after the end of the 30-day period beginning on the date the Secretary of Defense submits written notice of, and justification for, the transfer to the appropriate committees of Congress.

SEC. 908. CLARIFICATION OF THE PROPER CHARGES TO MILITARY CONSTRUCTION DESIGN FUNDS.

    Section 2807 of title 10, United States Code, is amended--

      (1) in subsection (a) by striking ‘in connection with military construction projects not otherwise authorized by law.’ and inserting in lieu thereof ‘, regardless of the intended

acquisition approach, in connection with any military construction or military family housing project otherwise, or not otherwise, authorized by law.’; and

      (2) in subsection (d) by striking ‘study, planning, design, architectural and engineering services’ and inserting in lieu thereof: ‘architectural and engineering services and construction design’.

SEC. 909. PAYMENT OF FOREIGN LICENSING FEES FROM THE PROCEEDS RECEIVED FROM THE SALE OF MAPS, CHARTS, AND NAVIGATIONAL BOOKS.

    Section 451 of title 10, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (1);

      (2) by striking the period at the end of paragraph (2) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following new paragraph (3):

      ‘(3) pay licensing or other fees to foreign countries or international organizations for the acquisition or use of data or products to be paid for from the proceeds of the public sales of such data or products. All amounts in excess of the licensing or other fees shall be deposited by the Secretary in the Treasury as miscellaneous receipts.’.

SEC. 910. FEES AT MILITARY HISTORY INSTITUTES.

    (a) ARMY- Chapter 437 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 4595. United States Army Military History Institute: retention of fees

    ‘(a) AUTHORITY- The Secretary of the Army may charge and retain fees received for providing historical information from the United States Army Military History Institute to public requesters.

    ‘(b) RETENTION OF FEES- Monies received by the United States Army Military History Institute under subsection (a) shall be retained by the Secretary and shall be available to offset the cost of providing historical information.

    ‘(c) EXCLUSION- This section shall not apply to records made available to the public under section 552 of title 5, United States Code.

    ‘(d) DEFINITIONS- In this section:

      ‘(1) The term ‘United States Army Military Institute’ means the Army’s primary archive for historical records and materials.

      ‘(2) The term ‘public requesters’ means all persons who request historical information from the Institute 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.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter 437 is amended by adding at the end the following new item:

      ‘4595. United States Army Military History Institute: retention of fees.’.

    (c) NAVY- Chapter 649 of such title 10 is amended by adding at the end the following new section:

‘Sec. 7582. United States Navy and Marine Corps Military History Institutes: retention of fees

    ‘(a) AUTHORITY- The Secretary of the Navy may charge and retain fees received for providing historical information from the United States Naval Historical Center and the Marine Corps Historical Center to public requesters.

    ‘(b) RETENTION OF FEES- Monies received by the Secretary under subsection (a) shall be retained by the Secretary and shall be available to offset the cost of providing historical information.

    ‘(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 Naval Historical Center’ means the Navy’s primary archive for historical records and materials.

      ‘(2) The term ‘Marine Corps Historical Center’ means the Marine Corps’ primary archive for historical records and materials.

      ‘(3) The term ‘public requesters’ means all persons who request historical information from the Navy other than persons who request information in their official capacity as a member of the armed forces or an officer 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.’.

    (d) CLERICAL AMENDMENT- The table of sections at the beginning of such Chapter 649 is amended by adding at the end the following new item:

      ‘7582. United States Navy and Marine Corps Military History Institute: retention of fees.’.

    (e) AIR FORCE- Chapter 937 of title 10, United States Code, is amended by adding at the end the following new section:

Sec. 9594. United States Air Force Military History Institute: retention of fees

    ‘(a) AUTHORITY- The Secretary of the Air Force may charge and retain fees received for providing historical 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 information.

    ‘(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 Military Institute’ means the Air Force’s primary archive for historical records and materials.

      ‘(2) The term ‘public requesters’ means all persons who request historical information from the Institute 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.’.

    (f) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter 937 is amended by adding at the end the following new item:

      ‘9594. United States Air Force Military History Institute: retention of fees.’.

Subtitle B--Miscellaneous Report Requirements and Repeals

SEC. 911. REPEAL OF OBSOLETE REPORTING REQUIREMENT.

    Section 1002(d) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2576), concerning an annual report to Congress regarding the NATO conventional defense assessment of allied performance in selected improvement areas, is hereby repealed.

SEC. 912. REPEAL OF REPORT ON NATO CONVENTIONAL DEFENSE CAPABILITIES

    Section 1002(d) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2575; 22 U.S.C. 1928 note) is amended--

      (1) by striking subsection (d), and

      (2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

SEC. 913. REPEAL OF OUTDATED REPORTS ON ALLIED BURDENSHARING.

    Section 1003 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2577) is amended by striking subsection (c) and subsection (d).

SEC. 914. REPEAL OF REPORTING REQUIREMENTS RELATING TO TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN FORCES.

    Section 2011 of title 10, United States Code, is amended by striking subsection (e).

SEC. 915. REPEAL OF ANNUAL REPORT ON THE DEFENSE BUSINESS OPERATIONS FUND.

    Section 2216a(h) of title 10, United States Code, is amended--

      (1) by striking subsection (h), and

      (2) by redesignating subsection (i) as subsection (h).

SEC. 916. REPEAL OF ANNUAL REPORT ON USE OF AUTHORITY BY THE DEFENSE CONTRACT AUDIT AGENCY TO SUBPOENA RECORDS OF DEFENSE CONTRACTORS.

    Section 2313(b) of title 10, United States Code, is amended by striking paragraph (4).

SEC. 917. REPEAL OF REPORT ON USE OF FUNDS RECEIVED FROM THE LEASE OF NON-EXCESS PROPERTY.

    Section 2667(d) of title 10, United States Code, is amended--

      (1) by striking paragraph (3); and

      (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

SEC. 918. REPEAL OF STUDIES AND REPORTS ON DEMONSTRATION PROJECTS FOR DELIVERY OF HEALTH CARE.

    Section 1092(a) of title 10, United States Code, is amended by striking ‘every six months’ and inserting in lieu thereof ‘every year’.

SEC. 920. REPEAL OF COMMISSION REPORT ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES.

    Section 2819 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2119; 10 U.S.C. 2391 note) is repealed.

SEC. 921. REPEAL OF REPORT ON PROPOSED CONTRACT FOR SALE OF GREGG CIRCLE AREA, FORT JACKSON, SOUTH CAROLINA.

    Section 840 of the Military Construction Authorization Act, 1986 (Public Law 99-167; 99 Stat. 997) is amended--

      (1) by striking subsection (d); and

      (2) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), respectively.

SEC. 922. EXCEPTIONS FROM REPORTING REQUIREMENTS FOR EMERGENCY REAL PROPERTY TRANSACTIONS.

    (a) IN GENERAL- Section 2662 of title 10, United States Code, is amended by adding at the end the following new subsections:

    ‘(g) EXCEPTION FOR DECLARATION OF WAR OR EMERGENCY, PROCLAMATION TO DISPERSE, OR CONTINGENCY OPERATION- Subsections (a) and (e) shall not apply to any real property transaction made in connection with--

      ‘(1) a declaration of war;

      ‘(2) a declaration of a national emergency by the President pursuant to the National Emergencies Act (Public Law 94-412; 50 U.S.C. 1601 et seq.);

      ‘(3) a declaration of an emergency or a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (Public Law 93-228, as amended by Public Law 100-707; 42 U.S.C. 5121 et seq.);

      ‘(4) the use of the militia or the armed forces, or both, after a proclamation to disperse under section 334 of this title; or

      ‘(5) a contingency operation.

    ‘(h) EXCEPTION- The Secretary concerned may enter into any real property transaction listed in subsection (a) without submitting a report required under such subsection when the Secretary determines that an event specified in subsection (g) is imminent and it is necessary to prepare for the event prior to the event occurring.

    ‘(i) REPORT ON EXCEPTION- The Secretary concerned shall submit a report to the congressional committees named in subsection (a) not later than 30 days after entering into a transaction that, but for subsection (g) or (h), would require a report under subsection (a) or (e).’.

    (b) CONFORMING AMENDMENT- Subsection (a) of such section is amended by striking ‘(a) The Secretary’ and inserting in lieu thereof ‘(a) TRANSACTIONAL REPORTING REQUIREMENTS- Except as provided in subsections (g) and (h), the Secretary’.

    (c) CLERICAL AMENDMENTS- (1) Subsection (b) of such section is amended by striking ‘(b) The Secretary of’ and inserting in lieu thereof ‘(b) ANNUAL REPORT- The Secretary of’.

    (2) Subsection (c) of such section is amended by striking ‘(c) This section applies’ and inserting in lieu thereof ‘(c) APPLICABILITY- This section applies’.

    (3) Subsection (d) of such section is amended by striking ‘(d) A statement’ and inserting in lieu thereof ‘(d) EFFECT OF STATEMENT OF COMPLIANCE- A statement’.

    (4) Subsection (e) of such section is amended by striking ‘(e) No element’ and inserting in lieu thereof ‘(e) OCCUPANCY OF GSA LEASED SPACE- No element’.

    (5) Subsection (f) of such section is amended by striking ‘(f) Whenever’ and inserting in lieu thereof ‘(f) REPORT ON TRANSACTION INVOLVING AN INTELLIGENCE COMPONENT- Whenever’.

SEC. 923. REPEAL OF NOTIFICATION REQUIREMENTS RELATING TO INSPECTOR GENERAL INVESTIGATIONS.

    Section 1034 of title 10, United States Code, is amended--

      (1) by striking subsection (e)(3),

      (2) by redesignating subsection (e)(4) as subsection (e)(3),

      (3) by striking subsection (h), and

      (4) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.

SEC. 924. REPEAL OF REPORTING OF CERTAIN ELEMENTS OF OVERSEAS BASING COSTS.

    Section 8125 of the Department of Defense Appropriations Act, 1989 (Public Law 100-463; 102 Stat. 2270-42) (10 U.S.C. 113 note) is amended--

      (1) by striking subsection (g); and

      (2) in subsection (h), by striking ‘subsections (f) and (g)’ and inserting in lieu thereof ‘subsection (f)’.

SEC. 925. INFLATION ADJUSTMENT TO NOTIFICATION REQUIREMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION DESIGN CONTRACT.

    Section 2807 (b) of title 10, United States Code, is amended by striking ‘$300,000’ and inserting in lieu thereof ‘$500,000’.

Subtitle C--Matters Relating to Terrorism

SEC. 931. AUTHORITY TO PURCHASE NONTACTICAL ARMORED PASSENGER VEHICLES UNDER EMERGENCY SITUATIONS FOR COMBATING TERRORISM AND MILITARY FORCE PROTECTION SUPPORT.

    Section 2253(a) of title 10, United States Code, is amended--

      (1) by inserting ‘, the Chairman, Joint Chiefs of Staff,’ after ‘The Secretary of Defense’

      (2) by striking ‘and’ at the end of paragraph (1);

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      (3) by striking the period at the end of paragraph (2) and inserting in lieu thereof ‘; and’; and

      (4) by adding at the end the following new paragraph (3):

      ‘(3) purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and military force protection support notwithstanding section 1343 of title 31, United States Code.’.

SEC. 932. MAINTENANCE AND OPERATION OF EQUIPMENT FOR COUNTERTERRORISM.

    Section 374 of title 10, United States Code, is amended--

      (1) in subsection (b)(1)(A), by striking ‘or’;

      (2) in subsection (b)(1)(B), by striking the period at the end, inserting in lieu thereof a semicolon and the following new subparagraphs:

        ‘(C) a foreign or domestic counterterrorism operation; or

        ‘(D) a rendition of a suspected terrorist from a foreign country to the United States to stand trial.’;

      (3) in subsection (b)(2)(F)(i)--

        (A) by inserting ‘along with any other civilian or military personnel who are supporting, or conducting, a joint operation with civilian law enforcement personnel;’ after ‘the transportation of civilian law enforcement personnel’; and

        (B) by striking ‘and’;

      (4) in subsection (b)(2)(F)(ii)--

        (A) by inserting ‘and supporting’ after ‘the operation of a base of operations for civilian law enforcement’;

        (B) by striking the period at the end and inserting in lieu thereof ‘; and’; and

        (C) by inserting at the end the following new clause:

          ‘(iii) the transportation of suspected terrorists from foreign countries to the United States for trial (so long as the requesting agency provides all security for such transportation and maintains custody over the suspect through the duration of the transportation).’;

      (5) in subsection (b)(4)(A), by striking ‘an’ and inserting in lieu thereof ‘a Federal’; and

      (6) in subsection (b)(4)(A), by inserting ‘(v) Any law, foreign or domestic, prohibiting terrorist activities.’ after ‘(iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).’.

Subtitle D--Matters Relating to Counter Drug Operations

SEC. 941. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES.

    Section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended--

      (1) in subsection (a) by striking ‘through 1999’ and inserting in lieu thereof ‘through 2004’;

      (2) in paragraph (b)(4) by inserting ‘Department of Defense or any Federal, State, local, or foreign law enforcement agency’ after ‘facilitating’;

      (3) by redesignating subsection ‘(g)’ as subsection ‘(h)’; and

      (4) by inserting after subsection ‘(f)’ the following new subsection ‘(g)’.

    ‘(g) OUTREACH PROGRAMS- (1) The Secretary of Defense may conduct domestic outreach programs to reduce the demand for illegal drugs among youths. The programs may include outreach activities conducted separately or jointly by the active and reserve components of the armed forces.

    ‘(2) Funds available to the Department of Defense for drug interdiction and counter-drug activities may be used in carrying out the outreach programs described in paragraph (1).’.

SEC. 942. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF SELECTED CARIBBEAN COUNTRIES.

    (a) IN GENERAL- Section 1031 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2637), as amended, is further amended--

      (1) in the catchline by striking ‘Mexico’ and inserting in lieu thereof ‘selected Caribbean countries.’;

      (2) in subsection (a)--

        (A) by striking ‘during fiscal year 1997’ and inserting in lieu thereof ‘during fiscal years 1999 through 2004’;

        (B) by striking ‘Government of Mexico’ in each place it appears in the subsection and inserting in lieu thereof in each instance ‘selected Caribbean countries’;

        (C) by inserting at the end of the subsection the following new sentence: ‘For the purposes of this section, the term ‘selected Caribbean countries’ includes the Commonwealth of the Bahamas, the Dominican Republic, Haiti, Jamaica, Trinidad and

Tobago, Grenada, Saint Vincent and the Grenadines, Barbados, Saint Lucia, Dominica, Antigua and Barbuda, and Saint Christopher and Nevis.’;

      (3) in paragraph (b)(2)--

        (A) by striking ‘nonlethal’;

        (B) by redesignating subparagraph (F) as subparagraph (G) and in the subparagraph (G), as so redesignated, by striking ‘subparagraphs (A), (B), (C), (D), and (E)’ and inserting in lieu thereof ‘subparagraphs (A), (B), (C), (D), (E) and (F)’; and

        (C) by inserting after paragraph (E) the following new paragraph (F):

        ‘(F) Boats suitable for Caribbean counter-drug operations along with associated systems, services, and communications suites.’;

      (4) in paragraph (b)(4) by striking ‘Mexico’ and inserting in lieu thereof ‘selected Caribbean countries.’;

      (5) in subsection (b) by adding at the end the following new paragraph (5):

      ‘(5) For selected Caribbean countries, operation and maintenance support to utilize the support provided in subsection (b) for the counter-drug activities of the receiving Government’.;

      (6) in subsection (d) by striking ‘$8,000,000’ and inserting in lieu thereof ‘$8,500,000’;

      (7) in subsection (d) by striking the last two sentences;

      (8) in paragraph (e)(2) by striking ‘Government of Mexico’ each place it appears in the paragraph and inserting in lieu thereof, in each instance, ‘receiving Government’.

      (9) in subparagraph (e)(2)(B) by inserting ‘the functional equivalent of’ after ‘undergone’.

    (b) CLERICAL AMENDMENT- The item relating to section 1031 as depicted in subtitle C of title X of the table of contents for such Act (Public Law 104-201; 110 Stat. 2430) is amended by striking ‘Mexico’ and inserting in lieu thereof ‘selected Caribbean countries.’.

Subtitle E--Other Matters

SEC. 951. DEFINITION OF FINANCIAL INSTITUTIONS FOR DIRECT DEPOSIT OF PAY.

    (a) MILITARY EMPLOYEES REIMBURSEMENT FOR ERRORS- Section 1053(d)(1) of title 10, United States Code, is amended to read as follows:

    ‘(d)(1) The term ‘financial institution’ means a bank, savings and loan association or similar institution, or a credit union chartered by the United States or a State.’.

    (b) CIVILIAN EMPLOYEES REIMBURSEMENT FOR ERROR- Section 1594(d)(1) of title 10, United States Code, is amended to read as follows:

    ‘(d)(1) The term ‘financial institution’ means a bank, savings and loan association or similar institution, or a credit union chartered by the United States or a State.’.

SEC. 952. RELEASE OF DRUG TEST RESULTS OF CIVIL SERVICE MARINERS OF THE MILITARY SEALIFT COMMAND.

    Section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note) is amended by adding at the end the following new paragraph:

      ‘(5) Notwithstanding paragraphs (1) through (4) of this subsection, to the extent similar submissions are required from commercial vessel operators, drug testing results of Civil Service Mariners of the Military Sea Lift Command may be released to the United States Coast Guard.’.

SEC. 953. DISPOSITION OF COLLECTIONS RECOVERED FROM CLAIMS AGAINST THIRD PARTIES FOR LOSS OR DAMAGE TO PERSONAL PROPERTIES OR STORED AT GOVERNMENT EXPENSE.

    (a) IN GENERAL- Chapter 163 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2739. Disposition of amounts recovered from claims against third parties for loss or damage to personal property shipped or stored at government expense

    ‘All amounts that the military claims services collected from third parties under the authority of sections 3711, 3716, 3717 and 3721 of title 31, United States Code, as a result of claims the services have paid to the owners of personal property for loss or damage to their property while it was being shipped or stored at government expense, shall be credited to the appropriation from which claims may be paid for the year such amounts are received.’; and

    (b) CLERICAL AMENDMENT- The table of sections for such chapter is amended by adding at the end the following new item:

      ‘2739. Disposition of amounts recovered from claims against third parties for loss or damage to personal property shipped or stored at government expense.’.

SEC. 954. TRANSPORTATION OF POLYCHLORINATED BIPHENYLS.

    (a) IN GENERAL- Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2410o. Transportation of polychlorinated biphenyls

    ‘Notwithstanding any other provision of law or regulation, polychlorinated biphenyls which are located outside of the customs territory of the United States and which are in the possession and control of the United States may be imported for disposal in the customs territory of the United States. Disposal, treatment, or storage of such polychlorinated biphenyls within the customs territory of the United States shall be governed by the Toxic Substances Control Act.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning is amended by adding at the end the following new item:

      ‘2410o. Transportation of Polychlorinated Biphenyls.’.

SEC. 955. RENTAL OF ARMY FAMILY HOUSING IN ITALY AND KOREA.

    Section 2828(e)(2) of title 10, United States Code, is amended to read as follows:

      ‘(2) In addition to the 450 units of family housing referred to in paragraph (1) for which the maximum lease amount is $25,000 per unit per year--

        ‘(A) the Secretary of the Navy may lease not more than 2,000 units of family housing in Italy subject to that maximum lease amount; and

        ‘(B) the Secretary of the Army may lease not more than 500 units of family housing in Italy and not more than 800 units of family housing in Korea subject to that maximum lease amount.’.

SEC. 956. PILOT PROGRAM ON SEPARATE NOTICE BY FEDERAL AGENCY PRIOR TO GARNISHMENT FOR CHILD SUPPORT AND ALIMONY.

    (a) IN GENERAL- The Secretary of Defense may conduct a pilot program in which the Secretary’s agent for purposes of providing notice and taking action to enforce obligations for child support and alimony under section 459 of the Social Security Act (42 U.S.C. 659) would be exempt from providing ‘a copy of the notice or service’ as required by subparagraph 459(c)(2)(A) of such Act.

    (b) REQUIREMENTS- The notice to the individual shall comply with all provisions of law except for the provision of a copy of the notice or service noted in subsection (a), shall be in writing, and shall describe the pertinent court order, notice to withhold, or other order or process received by the Secretary’s agent to enforce child support and alimony obligations. Such information also shall include the identity of the court or judicial forum ordering the support obligation, the case number, the amount of the obligation, and the name of the beneficiary. The notice also shall contain an address and telephone number where a copy of the notice or service may be obtained upon the request of an individual.

    (c) REPORT- The Secretary shall submit a report to the Speaker of the House of Representatives and the President of the Senate describing the program. Such report shall be provided by April 1, 2001 and shall include the number of notices provided during the period of the pilot program; the number of individuals who requested copies of the actual notice or service; and any complaints the Secretary or his agent may receive by not providing the actual notice or service.

    (d) PERIOD OF PILOT PROGRAM- The pilot program shall begin within 90 days of the enactment of this Act and shall remain in effect through September 30, 2000.

SEC. 957. LONG-TERM CHARTER OF THREE VESSELS IN SUPPORT OF SUBMARINE RESCUE, ESCORT, AND TOWING.

    The Secretary of the Navy may to enter into a long-term charter or into long-term charters, in accordance with section 2401 of title 10, United States Code, for three vessels (CAROLYN CHOUEST, United States official number D102057; KELLIE CHOUEST, United States official number D1038519; DOLORES CHOUEST, United States official number D600288) to support the rescue, escort, and towing of submarines.