§ 211. Participation in Thrift Savings Plan

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1999

   Pub. L. 106–65 div. A title VI · 113 Stat. 512

   Enacted · 37 U.S.C. § 211

   Added and amended Pub. L. 106–65, div. A, title VI, §§ 661(a)(1)(A), 662, Oct. 5, 1999, 113 Stat. 670, 672

   Source evidence

   Code source credit
   Added and amended Pub. L. 106–65, div. A, title VI, §§ 661(a)(1)(A), 662, Oct. 5, 1999, 113 Stat. 670, 672

   Enacted provision · exact public law
   TITLE VI— COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A— Pay and Allowances Sec. 602. Pay increases for fiscal years 2001 through 2006. Sec. 603. Additional amount available for fiscal year 2000 increase in basic allowance for housing inside the United States. Subtitle B— Bonuses and Special and Incentive Pays Sec. 611. Extension of certain bonuses and special pay authorities for reserve forces. Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists. Sec. 613. Extension of authorities relating to payment of other bonuses and special pays. Sec. 614. Amount of aviation career incentive pay for air battle managers. Sec. 615. Expansion of authority to provide special pay to aviation career officers extending period of active duty. Sec. 616. Additional special pay for board certified veterinarians in the Armed Forces and Public Health Service. Sec. 617. Diving duty special pay. Sec. 618. Reenlistment bonus. Sec. 619. Enlistment bonus. Sec. 620. Selected Reserve enlistment bonus. Sec. 621. Special pay for members of the Coast Guard Reserve assigned to high priority units of the Selected Reserve. Sec. 622. Reduced minimum period of enlistment in Army in critical skill for eligibility for enlistment bonus. Sec. 623. Eligibility for reserve component prior service enlistment bonus upon attaining a critical skill. Sec. 624. Increase in special pay and bonuses for nuclear-qualified officers. Sec. 625. Increase in maximum monthly rate authorized for foreign language proficiency pay. Sec. 626. Authorization of retention bonus for special warfare officers extending periods of active duty. Sec. 627. Authorization of surface warfare officer continuation pay. Sec. 628. Authorization of career enlisted flyer incentive pay. Sec. 629. Authorization of judge advocate continuation pay. Subtitle C— Travel and Transportation Allowances Sec. 631. Provision of lodging in kind for Reservists performing training duty and not otherwise entitled to travel and transportation allowances. Sec. 632. Payment of temporary lodging expenses for members making their first permanent change of station. Sec. 633. Destination airport for emergency leave travel to continental United States. Subtitle D— Retired Pay Reform Sec. 641. Redux retired pay system applicable only to members electing new 15-year career status bonus. Sec. 642. Authorization of 15-year career status bonus. Sec. 643. Conforming amendments. Sec. 644. Effective date. Subtitle E— Other Matters Relating to Military Retirees and Survivors Sec. 651. Repeal of reduction in retired pay for military retirees employed in civilian positions. Sec. 652. Presentation of United States flag to retiring members of the uniformed services not previously covered. Sec. 653. Disability retirement or separation for certain members with pre-existing conditions. Sec. 654. Credit toward paid-up SBP coverage for months covered by make-up premium paid by persons electing SBP coverage during special open enrollment period. Sec. 655. Paid-up coverage under Retired Serviceman’s Family Protection Plan. Sec. 656. Extension of authority for payment of annuities to certain military surviving spouses. Sec. 657. Effectuation of intended SBP annuity for former spouse when not elected by reason of untimely death of retiree. Sec. 658. Special compensation for severely disabled uniformed services retirees. Subtitle F— Eligibility To Participate in the Thrift Savings Plan Sec. 661. Participation in Thrift Savings Plan. Sec. 662. Special retention initiative. Sec. 663. Effective date. Subtitle G— Other Matters Sec. 671. Payment for unused leave in conjunction with a reenlistment. Sec. 672. Clarification of per diem eligibility for military technicians (dual status) serving on active duty without pay outside the United States. Sec. 673. Annual report on effects of initiatives on recruitment and retention. Sec. 674. Overseas special supplemental food program. Sec. 675. Tuition assistance for members deployed in a contingency operation. Sec. 676. Administration of Selected Reserve education loan repayment program for Coast Guard Reserve. Sec. 677. Sense of Congress regarding treatment under Internal Revenue Code of members receiving hostile fire or imminent danger special pay during contingency operations. Subtitle A— Pay and Allowances SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND REFORM OF BASIC PAY RATES. (a) Waiver of Section 1009 Adjustment.— The adjustment to become effective during fiscal year 2000 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. (b) January 1, 2000, Increase in Basic Pay.— Effective on January 1, 2000, the rates of monthly basic pay for members of the uniformed services are increased by 4.8 percent. (c) Reform of Basic Pay Rates.— Effective on July 1, 2000, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows: Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 O–102 $0.00 $0.00 $0.00 $0.00 $0.00 O–9 .... 0.00 0.00 0.00 0.00 0.00 O–8 .... 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80 O–7 .... 5,479.50 5,851.80 5,851.80 5,894.40 6,114.60 O–6 .... 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40 O–5 .... 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80 O–4 .... 2,737.80 3,333.90 3,556.20 3,606.00 3,812.40 O–33 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90 O–23 2,218.80 2,527.20 2,910.90 3,009.00 3,071.10 O–12 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10 Over 8 Over 10 Over 12 Over 14 Over 16 O–102 $0.00 $0.00 $0.00 $0.00 $0.00 O–9 .... 0.00 0.00 0.00 0.00 0.00 O–8 .... 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10 O–7 .... 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50 O–6 .... 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20 O–5 .... 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00 O–4 .... 3,980.40 4,252.50 4,464.00 4,611.00 4,758.90 O–33 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10 O–23 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10 O–13 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10 Over 18 Over 20 Over 22 Over 24 Over 26 O–102 $0.00 $10,655.10 $10,707.60 $10,930.20 $11,318.40 O–9 .... 0.00 9,319.50 9,453.60 9,647.70 9,986.40 O–8 .... 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00 O–7 .... 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60 O–6 .... 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10 O–5 .... 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90 O–4 .... 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70 O–33 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10 O–23 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10 O–13 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10 1Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in grades O–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual basic pay for all other officers, including warrant officers, may not exceed the rate of pay for level V of the Executive Schedule. 2Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $12,441.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 O–3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90 O–2E 0.00 0.00 0.00 3,009.00 3,071.10 O–1E 0.00 0.00 0.00 2,423.10 2,588.40 Over 8 Over 10 Over 12 Over 14 Over 16 O–3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80 O–2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20 O–1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00 Over 18 Over 20 Over 22 Over 24 Over 26 O–3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90 O–2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20 O–1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00 Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00 W–4 ... 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40 W–3 ... 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30 W–2 ... 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10 W–1 ... 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60 Over 8 Over 10 Over 12 Over 14 Over 16 W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00 W–4 ... 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60 W–3 ... 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20 W–2 ... 2,555.40 2,652.60 2,749.80 2,844.30 2,949.00 W–1 ... 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80 Over 18 Over 20 Over 22 Over 24 Over 26 W–5 ... $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40 W–4 ... 3,888.00 4,019.40 4,155.60 4,289.70 4,427.10 W–3 ... 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90 W–2 ... 3,056.40 3,163.80 3,270.90 3,378.30 3,378.30 W–1 ... 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90 Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 E–92 .. $0.00 $0.00 $0.00 $0.00 $0.00 E–8 .... 0.00 0.00 0.00 0.00 0.00 E–7 .... 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70 E–6 .... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30 E–5 .... 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50 E–4 .... 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90 E–3 .... 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90 E–2 .... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40 E–1 .... 3 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60 Over 8 Over 10 Over 12 Over 14 Over 16 E–92 .. $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50 E–8 .... 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10 E–7 .... 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00 E–6 .... 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60 E–5 .... 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20 E–4 .... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90 E–3 .... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90 E–2 .... 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40 E–1 .... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60 Over 18 Over 20 Over 22 Over 24 Over 26 E–92 .. $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.90 E–8 .... 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60 E–7 .... 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40 E–6 .... 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70 E–5 .... 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20 E–4 .... 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90 E–3 ... 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90 E–2 .... 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40 E–1 .... 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60 1Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $4 ,701.00, regardless of cumulative years of service computed under section 205 of title 37. United States Code. 3In the case of members in the grade E–1 who have served less than 4 months on active duty, basic pay is $930.30. (d) Limitation On Pay Adjustments.— Effective January 1, 2000, section 203(a) of title 37, United States Code, is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following new paragraph: Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level III of the Executive Schedule, and the rates of basic pay payable for all 10 USC 1401 note. other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule.”. (e) Recomputation of Retired Pay for Certain Recently Retired Officers.— In the case of a commissioned officer of the uniformed services who retired during the period beginning on April 30, 1999, through December 31, 1999, and who, at the time of retirement, was in pay grade O–7, O–8, O–9, or O–10, the retired pay of that officer shall be recomputed, effective as of January 1, 2000, using the rate of basic pay that would have been applicable to the computation of that officer’s retired pay if the provisions of paragraph (2) of section 203(a) of title 37, United States Code, as added by subsection (d), had taken effect on April 30, 1999. SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001 THROUGH 2006. (a) ECI+0.5 Percent Increase for All Members.— Section 1009(c) of title 37, United States Code, is amended— (1) by inserting “(1)” after “(c) Equal Percentage Increase for All Members.—”; and (2) by adding at the end the following new paragraph: “(2) Notwithstanding paragraph (1), but subject to subsection (d), an adjustment taking effect under this section during each of fiscal years 2001 through 2006 shall provide all eligible members with an increase in the monthly basic pay by the percentage equal to the sum of— “(A) one percent; plus “(B) the percentage calculated as provided under section 5303(a) of title 5 for that fiscal year, without regard to whether rates of pay under the statutory pay systems are actually increased during that fiscal year under that section by the percentage so calculated.”. (b) Effective Date.— The amendments made by subsection 37 USC 1009 note. (a) shall take effect on October 1, 2000. SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2000 INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED STATES. In addition to the amount determined by the Secretary of Defense under section 403(b)(3) of title 37, United States Code, to be the total amount that may be paid during fiscal year 2000 for the basic allowance for housing for military housing areas inside the United States, $225,000,000 of the amount authorized to be appropriated by section 421 for military personnel shall be used by the Secretary to further increase the total amount available for the basic allowance for housing for military housing areas inside the United States. Subtitle B— Bonuses and Special and Incentive Pays SEC. 611. 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 “December 31, 1999” and inserting “December 31, 2000”. (b) Selected Reserve Reenlistment Bonus.— Section 308b(f) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (c) Selected Reserve Enlistment Bonus.— Section 308c(e) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (d) Special Pay for Enlisted Members Assigned to Certain High Priority Units.— Section 308d(c) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (e) Selected Reserve Affiliation Bonus.— Section 308e(e) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (f) Ready Reserve Enlistment and Reenlistment Bonus.— Section 308h(g) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (g) Prior Service Enlistment Bonus.— Section 308i(f) of such title is amended by striking “December 31, 1999” and inserting “December 31, 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 “January 1, 2000” and inserting “January 1, 2001”. SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS. (a) Nurse Officer Candidate Accession Program.— Section 2130a(a)(1) of title 10, United States Code, is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (b) Accession Bonus for Registered Nurses.— Section 302d(a)(1) of title 37, United States Code, is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (c) Incentive Special Pay for Nurse Anesthetists.— Section 302e(a)(1) of title 37, United States Code, is amended by striking “December 31, 1999” and inserting “December 31, 2000”. SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS. (a) Aviation Officer Retention Bonus.— Section 301b(a) of title 37, United States Code, is amended by striking “December 31, 1999,” and inserting “December 31, 2000,”. (b) Reenlistment Bonus for Active Members.— Section 308(g) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (c) Enlistment Bonus for Persons With Critical Skills.— Section 308a(d) of such title, as redesignated by section 619(b), is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (d) Army Enlistment Bonus.— Section 308f(c) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (e) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(e) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (f) Nuclear Career Accession Bonus.— Section 312b(c) of such title is amended by striking “December 31, 1999” and inserting “December 31, 2000”. (g) Nuclear Career Annual Incentive Bonus.— Section 312c(d) of such title is amended by striking “October 1, 1998,” and all that follows through the period at the end and inserting “December 31, 2000”. SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE MANAGERS. (a) Applicable Incentive Pay Rate.— Section 301a(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(11) of this title, shall be paid the monthly incentive pay at the higher of the following rates: “(A) The rate otherwise applicable to the member under this subsection. “(B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member’s entitlement to aviation career incentive pay under this section.”. (b) Effective Date.— The amendment made by subsection (a) Applicability. 37 USC 301a note. shall take effect on October 1, 1999, and shall apply with respect to months beginning on or after that date. SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO AVIATION CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY. (a) Eligibility Criteria.— Subsection (b) of section 301b of title 37, United States Code, is amended— (1) by striking paragraphs (2) and (5); (2) in paragraph (3), by striking “grade O–6” and inserting “grade O–7”; (3) by inserting “and” at the end of paragraph (4); and (4) by redesignating paragraphs (3), (4), and (6) as paragraphs (2), (3), and (4), respectively. (b) Amount of Bonus.— Subsection (c) of such section is amended by striking “than—” and all that follows through the period at the end and inserting “than $25,000 for each year covered by the written agreement to remain on active duty.”. (c) Proration Authority for Coverage of Increased Period of Eligibility.— Subsection (d) of such section is amended by striking “14 years of commissioned service” and inserting “25 years of aviation service”. (d) Repeal of Content Requirements for Annual Report.— Subsection (i)(1) of such section is amended by striking the second sentence. (e) Definitions Regarding Aviation Specialty.— Subsection (j) of such section is amended— (1) by striking paragraphs (2) and (3); and (2) by redesignating paragraph (4) as paragraph (2). (f) Technical Amendment.— Subsection (g)(3) of such section is amended by striking the second sentence. (g) Effective Date.— The amendments made by this section Applicability. 37 USC 301b note. shall take effect on October 1, 1999, and shall apply with respect to months beginning on or after that date. SEC. 616. ADDITIONAL SPECIAL PAY FOR BOARD CERTIFIED VETERINARIANS IN THE ARMED FORCES AND PUBLIC HEALTH SERVICE. (a) Authority.— Section 303 of title 37, United States Code, is amended— (1) by inserting “(a) Monthly Special Pay.—” before “Each”; and (2) by adding at the end the following: “(b) Additional Special Pay for Board Certification.— A commissioned officer entitled to special pay under subsection (a) who has been certified as a Diplomate in a specialty recognized by the American Veterinarian Medical Association is entitled to special pay (in addition to the special pay under subsection (a)) at the same rate as is provided under section 302c(b) of this title for an officer referred to in that section who has the same number of years of creditable service as the commissioned officer.”. (b) Effective Date.— The amendments made by subsection (a) shall take effect on October 1, 1999, and shall apply with respect to months beginning on and after that date. SEC. 617. DIVING DUTY SPECIAL PAY. (a) Increase in Rate.— Subsection (b) of section 304 of title 37, United States Code, is amended— (1) by striking “$200” and inserting “$240”; and (2) by striking “$300” and inserting “$340”. (b) Relation to Hazardous Duty Incentive Pay.— Subsection (c) of such section is amended to read as follows: “(c) If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in section 301 of this title, the member may be paid, for the same period of service, special pay under this section and incentive pay under such section 301 for each hazardous duty for which the member is qualified.”. (c) Effective Date.— The amendments made by subsections (a) and (b) shall take effect on October 1, 1999, and shall apply with respect to special pay paid under such section for months beginning on or after that date. SEC. 618. REENLISTMENT BONUS. (a) Minimum Months of Active Duty.— Subsection (a)(1)(A) of section 308 of title 37, United States Code, is amended by striking “twenty-one months” and inserting “17 months”. (b) Increase in Maximum Amount of Bonus.— Subsection (a)(2) of such section is amended— (1) in subparagraph (A)(i), by striking “ten” and inserting “15”; and (2) in subparagraph (B), by striking “$45,000” and inserting “$60,000”. (c) Effective Date.— The amendments made by subsections (a) and (b) shall take effect on October 1, 1999, and shall apply with respect to reenlistments and extensions of enlistments taking effect on or after that date. SEC. 619. ENLISTMENT BONUS. (a) Increase in Maximum Bonus Amount.— Subsection (a) of section 308a of title 37, United States Code, is amended by striking “$12,000” and inserting “$20,000”. (b) Payment Methods.— Such section is further amended— (1) in subsection (a), by striking the second sentence; (2) by redesignating subsections (b) and (c) as subsections (c) and (d); and (3) by inserting after subsection (a) the following new subsection: “(b) Payment Methods.— A bonus under this section may be paid in a single lump sum, or in periodic installments, to provide an extra incentive for a member to successfully complete the training necessary for the member to be technically qualified in the skill for which the bonus is paid.”. (c) Stylistic Amendments.— Such section is further amended— (1) in subsection (a), by inserting “Bonus Authorized; Bonus Amount.—” after “(a)”; (2) in subsection (c), as redesignated by subsection (b)(2) of this section, by inserting “Repayment of Bonus.—” after “(c)”; and (3) in subsection (d), as redesignated by subsection (b)(2) of this section, by inserting “Termination of Authority.—” after “(d)”. (d) Effective Date.— The amendment made by subsection (a) Applicability. 37 USC 308a note. shall take effect on October 1, 1999, and shall apply with respect to enlistments and extensions of enlistments taking effect on or after that date. SEC. 620. SELECTED RESERVE ENLISTMENT BONUS. (a) Elimination of Requirement for Minimum Period of Enlistment.— Subsection (a) of section 308c of title 37, United States Code, is amended by striking “for a term of enlistment of not less than six years”. (b) Increased Maximum Amount.— Subsection (b) of such section is amended by striking “$5,000” and inserting “$8,000” (c) Effective Date.— The amendments made by subsections Applicability. 37 USC 308c note. (a) and (b) shall take effect on October 1, 1999, and shall apply with respect to enlistments entered into on or after that date. SEC. 621. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD RESERVE ASSIGNED TO HIGH PRIORITY UNITS OF THE SELECTED RESERVE. Section 308d(a) of title 37, United States Code, is amended by inserting “or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy,” after “Secretary of Defense,”. SEC. 622. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN CRITICAL SKILL FOR ELIGIBILITY FOR ENLISTMENT BONUS. (a) Reduced Requirement.— Paragraph (3) of section 308f(a) of title 37, United States Code, is amended by striking “3 years” and inserting “2 years”. (b) Effective Date.— The amendment made by subsection (a) Applicability. 37 USC 308f note. shall take effect on October 1, 1999, and shall apply with respect to enlistments entered into on or after that date. SEC. 623. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE ENLISTMENT BONUS UPON ATTAINING A CRITICAL SKILL. (a) Revised Eligibility Requirements for Bonus.— Section 308i(a) of title 37, United States Code, is amended by striking paragraph (2) and inserting the following new paragraph: “(2) A bonus may only be paid under this section to a person who meets each of the following requirements: “(A) The person has completed a military service obligation, but has less than 14 years of total military service, and received an honorable discharge at the conclusion of that military service obligation. “(B) The person was not released, or is not being released, from active service for the purpose of enlistment in a reserve component. “(C) The person is projected to occupy, or is occupying, a position as a member of the Selected Reserve in a specialty in which the person— “(i) successfully served while a member on active duty and attained a level of qualification while on active duty commensurate with the grade and years of service of the member; or “(ii) has completed training or retraining in the specialty skill that is designated as critically short and attained a level of qualification in the specialty skill that is commensurate with the grade and years of service of the member. “(D) The person has not previously been paid a bonus (except under this section) for enlistment, reenlistment, or extension of enlistment in a reserve component.”. (b) Effective Date.— The amendment made by subsection (a) shall take effect on October 1, 1999, and shall apply to enlistments beginning on or after that date. SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-QUALIFIED OFFICERS. (a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.— Section 312(a) of title 37, United States Code, is amended by striking “$15,000” and inserting “$25,000”. (b) Nuclear Career Accession Bonus.— Section 312b(a)(1) of such title is amended by striking “$10,000” and inserting “$20,000”. (c) Nuclear Career Annual Incentive Bonuses.— Section 312c of such title is amended— (1) in subsection (a)(1), by striking “$12,000” and inserting “$22,000”; and (2) in subsection (b)(1), by striking “$5,500” and inserting “$10,000”. (d) Effective Date.— (1) The amendments made by subsections (a) and (b) shall take effect on October 1, 1999, and shall apply to agreements under section 312 or 312b of such title entered into on or after that date. (2) The amendments made by subsection (c) shall take effect on October 1, 1999, and shall apply with respect to nuclear service years beginning on or after that date. SEC. 625. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR FOREIGN LANGUAGE PROFICIENCY PAY. (a) Increase.— Section 316(b) of title 37, United States Code, is amended by striking “$100” and inserting “$300”. (b) Effective Date.— The amendment made by subsection (a) shall take effect on October 1, 1999, and shall apply with respect to foreign language proficiency pay paid under section 316 of such title for months beginning on or after that date. SEC. 626. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WARFARE OFFICERS EXTENDING PERIODS OF ACTIVE DUTY. (a) Bonus Authorized.— (1) Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: “§ 318. Special pay: special warfare officers extending period of active duty “(a) Special Warfare Officer Defined.— In this section, the term ‘special warfare officer’ means an officer of a uniformed service who— “(1) is qualified for a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator; and “(2) is serving in a position for which that specialty or designator is authorized. “(b) Retention Bonus Authorized.— A special warfare officer who meets the eligibility requirements specified in subsection (c) and who executes a written agreement to remain on active duty in special warfare service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section. “(c) Eligibility Requirements.— A special warfare officer may apply to enter into an agreement referred to in subsection (b) if the officer— “(1) is in pay grade O–3, or is in pay grade O–4 and is not on a list of officers recommended for promotion, at the time the officer applies to enter into the agreement; “(2) has completed at least 6, but not more than 14, years of active commissioned service; and “(3) has completed any service commitment incurred to be commissioned as an officer. “(d) Amount of Bonus.— The amount of a retention bonus paid under this section may not be more than $15,000 for each year covered by the agreement. “(e) Proration.— The term of an agreement under subsection (b) and the amount of the retention bonus payable under subsection (d) may be prorated as long as the agreement does not extend beyond the date on which the officer executing the agreement would complete 14 years of active commissioned service. “(f) Payment Methods.— (1) Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. “(2) The amount of the retention bonus may be paid as follows: “(A) At the time the agreement is accepted by the Secretary concerned, the Secretary may make a lump sum payment equal to half the total amount payable under the agreement. The balance of the bonus amount shall be paid in equal annual installments on the anniversary of the acceptance of the agreement. “(B) The Secretary concerned may make graduated annual payments under regulations prescribed by the Secretary, with the first payment being payable at the time the agreement is accepted by the Secretary and subsequent payments being payable on the anniversary of the acceptance of the agreement. “(g) Additional Pay.— A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled. “(h) Repayment.— (1) If an officer who has entered into an agreement under subsection (b) and has received all or part of a retention bonus under this section fails to complete the total period of active duty in special warfare service as specified in the agreement, the Secretary concerned may require the officer to repay the United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums paid the officer under this section. “(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). “(i) Regulations.— The Secretaries concerned shall prescribe regulations to carry out this section, including the definition of the term ‘special warfare service’ for purposes of this section. Regulations prescribed by the Secretary of a military department under this section shall be subject to the approval of the Secretary of Defense.”. (2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by adding at the end the following new item: “318. Special pay: special warfare officers extending period of active duty.”. (b) Effective Date.— The amendments made by subsection (a) shall take effect on October 1, 1999. SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINUATION PAY. (a) Incentive Pay Authorized.— (1) Chapter 5 of title 37, United States Code, is amended by inserting after section 318, as added by section 626, the following new section: “§ 319. Special pay: surface warfare officer continuation pay “(a) Eligible Surface Warfare Officer Defined.— In this section, the term ‘eligible surface warfare officer’ means an officer of the Regular Navy or Naval Reserve on active duty who— “(1) is qualified and serving as a surface warfare officer; “(2) has been selected for assignment as a department head on a surface vessel; and “(3) has completed any service commitment incurred through the officer’s original commissioning program. “(b) Special Pay Authorized.— An eligible surface warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000. “(c) Proration.— The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated. “(d) Payment Methods.— Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments. “(e) Additional Pay.— Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled. “(f) Repayment.— (1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty as a department head on a surface vessel specified in the agreement, the Secretary of the Navy may require the officer to repay the United States, to the extent that the Secretary of the Navy determines conditions and circumstances warrant, any or all sums paid under this section. “(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). “(g) Regulations.— The Secretary of the Navy shall prescribe regulations to carry out this section.”. (2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 318 the following new item: “319. Special pay: surface warfare officer continuation pay.”. (b) Effective Date.— The amendments made by subsection 37 USC 319 note. (a) shall take effect on October 1, 1999. SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE PAY. (a) Incentive Pay Authorized.— (1) Chapter 5 of title 37, United States Code, is amended by inserting after section 319, as added by section 627, the following new section: “§ 320. Incentive pay: career enlisted flyers “(a) Eligible Career Enlisted Flyer Defined.— In this section, the term ‘eligible career enlisted flyer’ means an enlisted member of the armed forces who— “(1) is entitled to basic pay under section 204 of this title, or is entitled to pay under section 206 of this title as described in subsection (e) of this section; “(2) holds an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or rating or the performance of such duty; “(3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and “(4) satisfies the operational flying duty requirements applicable under subsection (c). “(b) Incentive Pay Authorized.— (1) The Secretary concerned may pay monthly incentive pay to an eligible career enlisted flyer in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incentive pay may be paid as continuous monthly incentive pay or on a month-to-month basis, dependent upon the operational flying duty performed by the eligible career enlisted flyer as prescribed in subsection (c). “(2) Continuous monthly incentive pay may not be paid to an eligible career enlisted flyer after the member completes 25 years of aviation service. Thereafter, an eligible career enlisted flyer may still receive incentive pay on a month-to-month basis under subsection (c)(4) for the frequent and regular performance of operational flying duty. “(c) Operational Flying Duty Requirements.— (1) An eligible career enlisted flyer must perform operational flying duties for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be eligible for continuous monthly incentive pay under this section. “(2) Upon completion of 10, 15, or 20 years of aviation service, an enlisted member who has not performed the minimum required operational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive pay except as provided in paragraph (3). Payment of continuous monthly incentive pay may be resumed if the member meets the minimum operational flying duty requirement upon completion of the next established period of aviation service. “(3) For the needs of the service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the member’s failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member otherwise meets the definition in subsection (a) and has performed at least 5 years of operational flying duties during the first 10 years of aviation service, 8 years of operational flying duties during the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The authority of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief. “(4) If the eligibility of an eligible career enlisted flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive pay for subsequent frequent and regular performance of operational flying duty. The rate payable is the same rate authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service. “(d) Monthly Maximum Rates.— The monthly rate of any career enlisted flyer incentive pay paid under this section to a member on active duty shall be prescribed by the Secretary concerned, but may not exceed the following: “Years of aviation service Monthly rate 4 or less $160 Over 4 $226 Over 8 $350 Over 14 $400. “(e) Eligibility of Reserve Component Members When Performing Inactive Duty Training.— Under regulations prescribed by the Secretary concerned, when a member of a reserve component or the National Guard, who is entitled to compensation under section 206 of this title, meets the definition of eligible career enlisted flyer, the Secretary concerned may increase the member’s compensation by an amount equal to 1/30 of the monthly incentive pay authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service who is entitled to basic pay under section 204 of this title. The reserve component member may receive the increase for as long as the member is qualified for it, for each regular period of instruction or period of appropriate duty, at which the member is engaged for at least two hours, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. “(f) Relation to Hazardous Duty Incentive Pay or Diving Duty Special Pay.— A member receiving incentive pay under section 301(a) of this title or special pay under section 304 of this title may not be paid special pay under this section for the same period of service. “(g) Save Pay Provision.— If, immediately before a member receives incentive pay under this section, the member was entitled to incentive pay under section 301(a) of this title, the rate at which the member is paid incentive pay under this section shall be equal to the higher of the monthly amount applicable under subsection (d) or the rate of incentive pay the member was receiving under subsection (b) or (c)(2)(A) of section 301 of this title. “(h) Specialty Code of Dropsonde System Operators.— Within the Air Force, the Secretary of the Air Force shall assign to members who are dropsonde system operators a specialty code that identifies such members as serving in a weather specialty. “(i) Definitions.— In this section: “(1) The term ‘aviation service’ means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible career enlisted flyer. “(2) The term ‘operational flying duty’ means flying performed under competent orders while serving in assignments, including an assignment as a dropsonde system operator, in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to the award of an enlisted aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary concerned.”. (2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 319 the following new item: “320. Incentive pay: career enlisted flyers.”. (b) Effective Date.— The amendments made by subsection 37 USC 320 note. (a) shall take effect on October 1,1999. SEC. 629. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY. (a) Incentive Pay Authorized.— (1) Chapter 5 of title 37, United States Code, is amended by inserting after section 320, as added by section 628, the following new section: “(a) Eligible Judge Advocate Defined.— In this section, the term ‘eligible judge advocate’ means an officer of the armed forces on full-time active duty who— “(1) is qualified and serving as a judge advocate, as defined in section 801 of title 10; and “(2) has completed— “(A) the active duty service obligation incurred through the officer’s original commissioning program; or “(B) in the case of an officer detailed under section 2004 of title 10 or section 470 of title 14, the active duty service obligation incurred as part of that detail. “(b) Special Pay Authorized.— An eligible judge advocate who executes a written agreement to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000. “(c) Proration.— The term of an agreement under subsection (b) and the amount payable under the agreement may be prorated. “(d) Payment Methods.— Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments. “(e) Additional Pay.— Any amount paid to an officer under this section is in addition to any other pay and allowances to which the officer is entitled. “(f) Repayment.— (1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty specified in the agreement, the Secretary concerned may require the officer to repay the United States, to the extent that the Secretary determines conditions and circumstances warrant, any or all sums paid under this section. “(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1). “(g) Regulations.— The Secretary concerned shall prescribe regulations to carry out this section.”. (2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 320 the following new item: “321. Special pay: judge advocate continuation pay.”. (b) Study and Report on Additional Recruitment and Retention Initiatives.— (1) The Secretary of Defense shall conduct a study regarding the need for additional incentives to improve the recruitment and retention of judge advocates for the Armed Forces. At a minimum, the Secretary shall consider as possible incentives constructive service credit for basic pay, educational loan repayment, and Federal student loan relief. (2) Not later than March 31, 2000, the Secretary shall submit to Congress a report containing the findings and recommendations resulting from the study. (c) Effective Date.— The amendments made by subsection (a) shall take effect on October 1, 1999. Subtitle C— Travel and Transportation Allowances SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS PERFORMING TRAINING DUTY AND NOT OTHERWISE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES. (a) Provision.— Paragraph (1) of subsection (i) of section 404 of title 37, United States Code, is amended by adding at the end the following new sentence: “If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind in the same manner as members entitled to such allowances under subsection (a).”. (b) Payment Methods.— Paragraph (3) of such subsection is amended— (1) by inserting after “paragraph (1)” the following: “and expenses of providing lodging in kind under such paragraph”; and (2) by adding at the end the following new sentence: “Use of Government charge cards is authorized for payment of these expenses.”. (c) Decisionmaking.— Such subsection is further amended by adding at the end the following new paragraph: “(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.”. SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEMBERS MAKING THEIR FIRST PERMANENT CHANGE OF STATION. (a) Authority to Pay or Reimburse.— Section 404a(a) of title 37, United States Code, is amended— (1) in paragraph (1), by striking “or” at the end; (2) in paragraph (2), by inserting “or” after the semicolon; and (3) by inserting after paragraph (2) the following new paragraph: in the case of an enlisted member who is reporting to the member’s first permanent duty station, from the member’s home of record or initial technical school to that first permanent duty station;”. (b) Duration.— Such section is further amended— (1) in the second sentence, by striking “clause (1)” and inserting “paragraph (1) or (3)”; and (2) in the third sentence, by striking “clause (2)” and inserting “paragraph (2)”. SEC. 633. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL TO CONTINENTAL UNITED STATES. Section 411d(b)(1) of title 37, United States Code, is amended— (1) in subparagraph (A), by striking “or” at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: “(B) to any airport in the continental United States to which travel can be arranged at the same or a lower cost as travel obtained under subparagraph (A); or”. Subtitle D— Retired Pay Reform SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEMBERS ELECTING NEW 15-YEAR CAREER STATUS BONUS. (a) Retired Pay Multiplier.— Paragraph (2) of section 1409(b) of title 10, United States Code, is amended by inserting after “July 31, 1986,” the following: “has elected to receive a bonus under section 322 of title 37,”. (b) Cost-of-Living Adjustments.— (1) Paragraph (2) of section 1401a(b) of such title is amended by striking “The Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before August 1, 1986,” and inserting “Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member”. (2) Paragraph (3) of such section is amended by inserting after “August 1, 1986,” the following: “and has elected to receive a bonus under section 322 of title 37,”. (c) Recomputation of Retired Pay at Age 62.— Section 1410 of such title is amended by inserting after “August 1, 1986,” the following: “who has elected to receive a bonus under section 322 of title 37,”. SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS. (a) Career Service Bonus.— Chapter 5 of title 37, United States Code, is amended by inserting after section 321, as added by section 629, the following new section: “§ 322. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986 “(a) Availability of Bonus.— The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the member— “(1) elects to receive the bonus under this section; and “(2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under section 1405 of title 10. “(b) Eligible Career Bonus Member Defined.— In this section, the term ‘eligible career bonus member’ means a member of a uniformed service serving on active duty who— “(1) first became a member on or after August 1, 1986; and “(2) has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty). “(c) Election Method.— An election under subsection (a)(1) shall be made in such form and within such period as the Secretary concerned may prescribe. An election under that subsection is irrevocable. “(d) Amount of Bonus; Payment.— (1) A bonus under this section shall be paid in a single lump sum of $30,000. “(2) The bonus shall be paid to an eligible career bonus member Deadline. not later than the first month that begins on or after the date that is 60 days after the date on which the Secretary concerned receives from the member the election required under subsection (a)(1) and the written agreement required under subsection (a)(2), if applicable. “(e) Notification of Eligibility.— (1) The Secretary concerned shall transmit to each member who meets the definition of eligible career bonus member a written notification of the opportunity of the member to elect to receive a bonus under this section. The Notification. Deadline. Secretary shall provide the notification not later than 180 days before the date on which the member will complete 15 years of active duty. “(2) The notification shall include the following: “(A) The procedures for electing to receive the bonus. “(B) An explanation of the effects under sections 1401a, 1409, and 1410 of title 10 that such an election has on the computation of any retired or retainer pay that the member may become eligible to receive. “(f) Repayment of Bonus.— (1) If a person paid a bonus under this section fails to complete a period of active duty beginning on the date on which the election of the person under subsection (a)(1) is received and ending on the date on which the person completes 20 years of active-duty service as described in subsection (a)(2), the person shall refund to the United States the amount that bears the same ratio to the amount of the bonus payment as the uncompleted part of that period of active-duty service bears to the total period of such service. “(2) Subject to paragraph (3), an obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. “(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. “(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under the agreement or this subsection.”. (b) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 321 the following new item: “322. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986.”. SEC. 643. CONFORMING AMENDMENTS. (a) Conforming Amendment to Survivor Benefit Plan Provision.— (1) Section 1451(h)(3) of title 10, United States Code, is amended by inserting “of certain members” after “retirement”. (2) Section 1452(i) of such title is amended by striking “When the retired pay” and inserting “Whenever the retired pay”. (b) Related Technical Amendments.— Chapter 71 of such title is amended as follows: (1) Section 1401a(b) is amended— (A) by striking the heading for paragraph (1) and inserting “Increase required.—”; (B) by striking the heading for paragraph (2) and inserting “Percentage increase—”; and (C) by striking the heading for paragraph (3) and inserting “Reduced percentage for certain post-august 1, 1986 members.—”. (2) Section 1409(b)(2) is amended by inserting “certain” in the paragraph heading after “Reduction applicable to”. (3) (A) The heading of section 1410 is amended by inserting “certain” before “members”. (B) The item relating to such section in the table of sections at the beginning of such chapter is amended by inserting “certain” before “members”. SEC. 644. EFFECTIVE DATE. The amendments made by sections 641, 642, and 643 shall take effect on October 1, 1999. Subtitle E— Other Matters Relating to Military Retirees and Survivors SEC. 651. REPEAL OF REDUCTION IN RETIRED PAY FOR MILITARY RETIREES EMPLOYED IN CIVILIAN POSITIONS. (a) Repeal.— (1) Section 5532 of title 5, United States Code, is repealed. (2) The table of sections at the beginning of chapter 55 of such title is amended by striking the item relating to section 5532. (b) Contributions to Department of Defense Military Retirement Fund.— Section 1466 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) (1) The Secretary of Defense shall pay into the Fund at the beginning of each fiscal year such amount as may be necessary to pay the cost to the Fund for that fiscal year resulting from the repeal, as of October 1, 1999, of section 5532 of title 5, including any actuarial loss to the Fund resulting from increased benefits paid from the Fund that are not fully covered by the payments made to the Fund for that fiscal year under subsections (a) and (b). “(2) Amounts paid into the Fund under this subsection shall be paid from funds available for the pay of members of the armed forces under the jurisdiction of the Secretary of a military department. “(3) The Department of Defense Retirement Board of Actuaries shall determine, for each armed force, the amount required under paragraph (1) to be deposited in the Fund each fiscal year.”. (c) Effective Date.— The amendments made by this section shall take effect on October 1, 1999. SEC. 652. PRESENTATION OF UNITED STATES FLAG TO RETIRING MEMBERS OF THE UNIFORMED SERVICES NOT PREVIOUSLY COVERED. (a) Nonregular Service Military Retirees.— (1) Chapter 1217 of title 10, United States Code, is amended by adding at the end the following new section: “§ 12605. Presentation of United States flag: members transferred from an active status or discharged after completion of eligibility for retired pay “(a) Presentation of Flag.— Upon the transfer from an active status or discharge of a Reserve who has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the Secretary concerned shall present a United States flag to the member. “(b) Multiple Presentations Not Authorized.— A member is not eligible for presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any provision of law providing for the presentation of a United States flag incident to release from active service for retirement. “(c) No Cost to Recipient.— The presentation of a flag under this section shall be at no cost to the recipient.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “12605. Presentation of United States flag: members transferred from an active status or discharged after completion of eligibility for retired pay.”. (b) Public Health Service.— Title II of the Public Health Service Act is amended by inserting after section 212 (42 U.S.C. 213) the following new section: “presentation of united states flag upon retirement “Sec. 213. (a) Presentation of Flag.—Upon the release of an officer of the commissioned corps of the Service from active commissioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer. “(b) Multiple Presentations Not Authorized.—An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. “(c) No Cost to Recipient.—The presentation of a flag under this section shall be at no cost to the recipient.”. (c) National Oceanic and Atmospheric Administration.— The Coast and Geodetic Survey Commissioned Officers’ Act of 1948 is amended by inserting after section 24 (33 U.S.C. 853u) the following new section: “Sec. 25. (a) Presentation of Flag Upon Retirement.— Upon 33 USC 853v. the release of a commissioned officer from active commissioned service for retirement, the Secretary of Commerce shall present a United States flag to the officer. “(b) Multiple Presentations Not Authorized.— An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. “(c) No Cost to Recipient.— The presentation of a flag under this section shall be at no cost to the recipient.”. (d) Effective Date.— Section 12605 of title 10, United States Applicability. 10 USC 12605 note. Code (as added by subsection (a)), section 213 of the Public Health Service Act (as added by subsection (b)), and section 25 of the Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (as added by subsection (c)) shall apply with respect to releases from service described in those sections on or after October 1, 1999. (e) Conforming Amendments to Prior Law.— Sections 3681(b), 6141(b), and 8681(b) of title 10, United States Code, and section 516(b) of title 14, United States Code, are each amended by striking “under this section” and all that follows through the period and inserting “under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.”. SEC. 653. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS WITH PRE-EXISTING CONDITIONS. (a) Disability Retirement.— (1) Chapter 61 of title 10, United States Code, is amended by inserting after section 1207 the following new section: “§ 1207a. Members with over eight years of active service: eligibility for disability retirement for preexisting conditions “(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty. “(b) A member described in subsection (a) is a member with at least eight years of active service.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1207 the following new item: “1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions.”. (b) Nonregular Service Retirement.— (1) Chapter 1223 of such title is amended by inserting after section 12731a the following new section: “§ 12731b. Special rule for members with physical disabilities not incurred in line of duty “(a) In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title. “(b) Notification under subsection (a) may not be made if— “(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or “(2) the disability was incurred during a period of unauthorized absence”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 12731a the following new item: “12731b. Special rule for members with physical disabilities not incurred in line of duty.”. (c) Separation.— Section 1206(5) of such title is amended by inserting in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000," after “determination, and”. SEC. 654. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS COVERED BY MAKE-UP PREMIUM PAID BY PERSONS ELECTING SBP COVERAGE DURING SPECIAL OPEN ENROLLMENT PERIOD. Section 642 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2045; 10 U.S.C. 1448 note) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): “(h) Credit Toward Paid-Up Coverage.— Upon payment of the total amount of the premiums charged a person under subsection (g), the retired pay of a person participating in the Survivor Benefit Plan pursuant to an election under this section shall be treated, for the purposes of subsection (j) of section 1452 of title 10, United States Code, as having been reduced under such section 1452 for the months in the period for which the person’s retired pay would have been reduced if the person had elected to participate in the Survivor Benefit Plan at the first opportunity that was afforded the person to participate.”. SEC. 655. PAID-UP COVERAGE UNDER RETIRED SERVICEMAN’S FAMILY PROTECTION PLAN. (a) Conditions.— Subchapter I of chapter 73 of title 10, United States Code, is amended by inserting after section 1436 the following new section: “§ 1436a. Coverage paid up at 30 years and age 70 “Effective October 1, 2008, a reduction under this subchapter Effective date. in the retired or retainer pay of a person electing an annuity under this subchapter may not be made for any month after the later of— “(1) the month that is the 360th month for which that person’s retired or retainer pay is reduced pursuant to such an election; and “(2) the month during which that person attains 70 years of age.”. (b) Clerical Amendment.— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1436 the following new item: “1436a. Coverage paid up at 30 years and age 70.”. SEC. 656. EXTENSION OF AUTHORITY FOR PAYMENT OF ANNUITIES TO CERTAIN MILITARY SURVIVING SPOUSES. (a) Coverage of Surviving Spouses of All “Gray-Area” Retirees.— Subsection (a)(1)(B) of section 644 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1800; 10 U.S.C. 1448 note) is amended by striking “during the period beginning on September 21, 1972, and ending on” and inserting “before”. (b) Permanent Authority for Payment of Annuities.— Subsection (f) of such section is repealed. (c) Effective Date.— The amendment made by subsection (a) shall apply with respect to annuities payable for months beginning after September 30, 1999. SEC. 657. EFFECTUATION OF INTENDED SBP ANNUITY FOR FORMER SPOUSE WHEN NOT ELECTED BY REASON OF UNTIMELY DEATH OF RETIREE. (a) Cases Not Covered By Existing Authority.— Paragraph (3) of section 1450(f) of title 10, United States Code, as in effect on the date of the enactment of this Act, shall apply in the case of a former spouse of any person referred to in that paragraph who— (1) incident to a proceeding of divorce, dissolution, or annulment— (A) entered into a written agreement on or after August 21, 1983, to make an election under section 1448(b) of such title to provide an annuity to the former spouse (the agreement thereafter having been incorporated in or ratified or approved by a court order or filed with the court of appropriate jurisdiction in accordance with applicable State law); or (B) was required by a court order dated on or after such date to make such an election for the former spouse; and (2) before making the election, died within 21 days after the date of the agreement referred to in paragraph (1)(A) or the court order referred to in paragraph (1)(B), as the case may be. (b) Adjusted Time Limit for Request By Former Spouse.— For the purposes of paragraph (3)(C) of section 1450(f) of title 10, United States Code, a court order or filing referred to in subsection (a)(1) of this section that is dated before October 19, 1984, shall be deemed to be dated on the date of the enactment of this Act. SEC. 658. SPECIAL COMPENSATION FOR SEVERELY DISABLED UNIFORMED SERVICES RETIREES. (a) Authority.— (1) Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1413. Special compensation for certain severely disabled uniformed services retirees “(a) Authority.— The Secretary concerned shall pay to each eligible disabled uniformed services retiree a monthly amount determined under subsection (b). “(b) Amount.— The amount to be paid to an eligible disabled uniformed services retiree in accordance with subsection (a) is the following: “(1) For any month for which the retiree has a qualifying service-connected disability rated as total, $300. “(2) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $200. “(3) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent or 70 percent, $100. “(c) Eligible Members.— An eligible disabled uniformed services retiree referred to in subsection (a) is a member of the uniformed services in a retired status (other than a member who is retired under chapter 61 of this title) who— “(1) completed at least 20 years of service in the uniformed services that are creditable for purposes of computing the amount of retired pay to which the member is entitled; and “(2) has a qualifying service-connected disability. “(d) Qualifying Service-Connected Disability Defined.— In this section, the term ‘qualifying service-connected disability’ means a service-connected disability that— “(1) was incurred or aggravated in the performance of duty as a member of a uniformed service, as determined by the Secretary concerned; and “(2) is rated as not less than 70 percent disabling— “(A) by the Secretary concerned as of the date on which the member is retired from the uniformed services; or “(B) by the Secretary of Veterans Affairs within four years following the date on which the member is retired from the uniformed services. “(e) Status of Payments.— Payments under this section are not retired pay. “(f) Source of Funds.— Payments under this section for any fiscal year shall be paid out of funds appropriated for pay and allowances payable by the Secretary concerned for that fiscal year. “(g) Other Definitions.— In this section: “(1) The term ‘service-connected’ has the meaning given that term in section 101 of title 38. “(2) The term ‘disability rated as total’ means— “(A) a disability that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or “(B) a disability for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of service-connected disabilities. “(3) The term ‘retired pay’ includes retainer pay, emergency officers’ retirement pay, and naval pension.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1413. Special compensation for certain severely disabled uniformed services retirees.”. (b) Effective Date.— Section 1413 of title 10, United States Applicability. 10 USC 1413 note. Code, as added by subsection (a), shall take effect on October 1, 1999, and shall apply to months that begin on or after that date. No benefit may be paid to any person by reason of that section for any period before that date. Subtitle F— Eligibility to Participate in the Thrift Savings Plan SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN. (a) Participation Authority.— (1) (A) Chapter 3 of title 37, United States Code, is amended by adding at the end the following: “§ 211. Participation in Thrift Savings Plan “(a) Definition.— In this section, the term ‘member’ means— “(1) a member of the uniformed services serving on active duty; and “(2) a member of the Ready Reserve in any pay status. “(b) Authority.— Any member may participate in the Thrift Savings Plan in accordance with section 8440e of title 5. “(c) Rule of Construction Regarding Separation.— For purposes of subchapters III and VII of chapter 84 of title 5, each of the following actions shall, in the case of a member participating in the Thrift Savings Plan in accordance with section 8440e of such title, be considered a separation from Government employment: “(1) Release of the member from active duty, not followed, before the end of the 31-day period beginning on the day following the effective date of the release, by— “(A) a resumption of active duty; or “(B) an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Executive Director (appointed by the Federal Retirement Thrift Investment Board) in regulations. “(2) Transfer of the member to inactive status, or to a retired list pursuant to any provision of title 10.”. (B) The table of sections at the beginning of such chapter is amended by adding at the end the following: “211. Participation in Thrift Savings Plan.”. (2) (A) Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end the following: “§ 8440e. Members of the uniformed services “(a) For purposes of this section— “(1) the term ‘member’ has the meaning given such term by section 211 of title 37; and “(2) the term ‘basic pay’ means basic pay payable under section 204 of title 37. “(b) (1) Any member eligible to participate in the Thrift Savings Plan by virtue of section 211(b) of title 37 may contribute to the Thrift Savings Fund. “(2) (A) Except as provided in subparagraph (B), an election to contribute to the Thrift Savings Fund under this section may be made only during a period provided under section 8432(b), subject to the same conditions as prescribed under paragraph (2) (A)– (D) thereof. “(B) (i) Notwithstanding subparagraph (A), any individual who is a member as of the effective date described in paragraph (1) of section 663(a) of the National Defense Authorization Act for Fiscal Year 2000 (or, if applicable, paragraph (2) thereof) may make the first such election during the 60-day period beginning on such effective date. “(ii) An election made under this subparagraph shall take effect on the first day of the first applicable pay period beginning after the close of the 60-day period referred to in clause (i). “(c) Except as otherwise provided in this section, the provisions of this subchapter and subchapter VII shall apply with respect to members making contributions to the Thrift Savings Fund, and such members shall, for purposes of this subchapter and subchapter VII, be considered employees within the meaning of section 8401(11). “(d) (1) (A) The amount contributed by a member described in section 211(a)(1) of title 37 for any pay period out of basic pay may not exceed 5 percent of such member’s basic pay for such pay period. “(B) The amount contributed by a member described in section 211(a)(2) of title 37 for any pay period out of any compensation received under section 206 of title 37 may not exceed 5 percent of such compensation, payable to such member for such pay period. “(2) A member making contributions to the Thrift Savings Fund out of basic pay, or out of compensation under section 206 of title 37, may also contribute (by direct transfer to the Fund) any part of any special or incentive pay that such member receives under chapter 5 of title 37. “(3) Nothing in this section or section 211 of title 37 shall be considered to waive any dollar limitation under the Internal Revenue Code of 1986 which otherwise applies with respect to the Thrift Savings Fund. “(e) Except as provided in section 211(d) of title 37, no contribution under section 8432(c) of this title may be made for the benefit of a member making contributions to the Thrift Savings Fund under this section.”. (B) The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by adding after the item relating to section 8440d the following: “8440e. Members of the uniformed services.”. (3) (A) Section 8432b(b)(2)(B) of title 5, United States Code, is amended by inserting “or 8440e” after “section 8432(a)”. (B) (i) Section 8351(b) of title 5, United States Code, is amended by redesignating paragraph (11) as paragraph (8). (ii) Subparagraph (A) of section 8351(b)(8) of such title 5 (as so redesignated by clause (i)) is amended by striking the semicolon and inserting the following: “, except that the reference in section 8432b(b)(2)(B) to employee contributions under section 8432(a) shall be considered a reference to employee contributions under this subchapter and section 8440e;”. (C) Subsection (c) of section 8432b of such title 5 is amended by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, by striking “(c)” and inserting “(c)(1)”, and by adding at the end the following: “(2) An employee to whom this section applies is entitled to have contributed to the Thrift Savings Fund on such employee’s behalf an amount equal to— “(A) the total contributions to which that individual would have been entitled under section 8432(c)(2), based on the amounts contributed by such individual under section 8440e (other than under subsection (d)(2) thereof) with respect to the period referred to in subsection (b)(2)(B), if those amounts had been contributed by such individual under section 8432(a); reduced by “(B) any contributions actually made on such employee’s behalf under section 8432(c)(2) (including pursuant to an agreement under section 211(d) of title 37) with respect to the period referred to in subsection (b)(2)(B).”. (4) Subsections (g)(1) and (h)(3) of section 8433 of title 5, United States Code, are each amended by striking “under section 8432(a) of this title”. (5) Section 8439(a) of title 5, United States Code, is amended— (A) in paragraph (1), by striking “under section 8432(c)(1) of this title” and “under section 8351 of this title”; (B) in paragraph (2)(A)(i), by striking all after “individual” and inserting a semicolon; and (C) in paragraph (2)(A)(ii), by striking all after “individual” and inserting “; and”. (6) Section 8473 of title 5, United States Code, is amended— (A) in subsection (a), by striking “14 members” and inserting “15 members”; and (B) in subsection (b)— (i) by striking “14 members” and inserting “15 members”; (ii) by striking “and” at the end of paragraph (8); (iii) by striking the period at the end of paragraph (9) and inserting “; and”; and (iv) by adding at the end the following: “(10) 1 shall be appointed to represent participants (under section 8440e) who are members of the uniformed services.”. (b) Regulations.— Not later than the date on which qualifying offsetting legislation (as defined in section 663(b)) is enacted or 180 days after the date of the enactment of this Act, whichever is later, the Executive Director (appointed by the Federal Retirement Thrift Investment Board) shall issue regulations to implement the amendments made by this subtitle. SEC. 662. SPECIAL RETENTION INITIATIVE. Section 211 of title 37, United States Code, as added by section 661, is amended by adding at the end the following: “(d) Agency Contributions for Retention in Critical Specialties.— (1) The Secretary concerned may enter into an agreement with a member to make contributions to the Thrift Savings Fund for the benefit of the member if the member— “(A) is in a specialty designated by the Secretary as critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements); and “(B) commits in such agreement to continue to serve on active duty in that specialty for a period of 6 years. “(2) Under any agreement entered into with a member under paragraph (1), the Secretary shall make contributions to the Fund for the benefit of the member for each pay period of the 6-year period of the agreement for which the member makes a contribution to the Fund under section 8440e of title 5 (other than under subsection (d)(2) thereof). Paragraph (2) of section 8432(c) of title 5 applies to the Secretary’s obligation to make contributions under this paragraph, except that the reference in such paragraph (2) to contributions under paragraph (1) of such section 8432(c) does not apply.”. SEC. 663. EFFECTIVE DATE. (a) Applicability.— (1) Except as provided in paragraph (2), the authority of members to participate in the Thrift Savings Plan under section 211 of title 37, United States Code (as amended by this subtitle) shall take effect on the date on which qualifying offsetting legislation (as defined in subsection (b)) is enacted or 1 year after the date of the enactment of this Act, whichever is later. As used in the preceding sentence, the term “member” has the meaning given such term by section 211 of such title 37 (as so amended). (2) (A) The Secretary of Defense may postpone the authority of members of the Ready Reserve to so participate in the Thrift Savings Plan until 180 days after the date that would otherwise apply under paragraph (1) if the Secretary, after consultation with the Executive Director (appointed by the Federal Retirement Thrift Investment Board), determines that permitting such members to participate in the Thrift Savings Plan beginning on the date that would otherwise apply under paragraph (1) would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan. (B) The Secretary shall notify the congressional defense committees, Notification. the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate of any determination made under subparagraph (A). (b) Effectiveness Contingent on Offsetting Legislation.— (1) The amendments made by this subtitle shall be effective only if— (A) the President, in the budget of the President for fiscal year 2001, proposes legislation which, if enacted, would be qualifying offsetting legislation; and (B) there is enacted during the second session of the One Hundred Sixth Congress qualifying offsetting legislation. The preceding sentence shall not apply with respect to the amendment made by section 661(a)(3)(B)(i). (2) For purposes of this subtitle: (A) The term “qualifying offsetting legislation” means legislation (other than an appropriations Act) that includes provisions that— (i) offset fully the decreased revenues for each of fiscal years 2000 through 2009 to be made by reason of the amendments made by this subtitle; (ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and (iii) are included in full on the PayGo scorecard. (B) The term “PayGo scorecard” means the estimates that are made with respect to fiscal years through fiscal year 2009 by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985. Subtitle G— Other Matters SEC. 671. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A REENLISTMENT. Section 501 of title 37, United States Code, is amended— (1) in subsection (a)(1), by inserting “, termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the enlistment being terminated),” after “honorable conditions”; and (2) in subsection (b)(2), by striking “, or entering into an enlistment,”. SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY TECHNICIANS (DUAL STATUS) SERVING ON ACTIVE DUTY WITHOUT PAY OUTSIDE THE UNITED STATES. (a) Authority to Provide Per Diem Allowance.— Section 1002(b) of title 37, United States Code, is amended— (1) by inserting “(1)” after “(b)”; and (2) by adding at the end the following new paragraph: “(2) If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).”. (b) Types of Overseas Operations.— Section 6323(d)(1) of title 5, United States Code, is amended by striking “noncombat”. (c) Effective Date.— The amendment made by subsection (a) shall be effective as of February 10, 1996, as if included in section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 432). SEC. 673. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT AND RETENTION. (a) Report Required.— (1) Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section: “§ 1015. Annual report on effects of recruitment and retention initiatives Deadline. “Not later than December 1 of each year, the Secretary of Defense shall submit to Congress a report that sets forth the Secretary’s assessment of the effects that the improvements to compensation and other personnel benefits made by title VI of the National Defense Authorization Act for Fiscal Year 2000 are having on the recruitment of persons to join the armed forces and the retention of members of the armed forces.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1015. Annual report on effects of recruitment and retention initiatives.”. (b) First Report.— The first report under section 1015 of title 37, United States Code, as added by subsection (a), shall be submitted not later than December 1, 2000. SEC. 674. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM. (a) Program and Benefits.— Subsection (a) of section 1060a of title 10, United States Code, is amended by striking “AUTHORITY.—The Secretary of Defense may carry out a program to provide special supplemental food benefits” and inserting “PROGRAM REQUIRED.—The Secretary of Defense shall carry out a program to provide supplemental foods and nutrition education”. (b) Funding Source.— Subsection (b) of such section is amended to read as follows: “(b) Funding Mechanism.— The Secretary of Defense shall use funds available for the Department of Defense to carry out the program under subsection (a).”. (c) Program Administration.— Subsection (c) of such section is amended— (1) in paragraph (1)(A), by adding at the end the following new sentence: “In determining eligibility for benefits, a person already certified for participation in the special supplemental nutrition program for women, infants, and children under such section 17 shall be considered eligible for the duration of the certification period under that special supplemental nutrition program.”; (2) by striking paragraph (1)(B) and inserting the following: In determining eligibility for families of individuals participating in the program under this section, the Secretary of Defense shall, to the extent practicable, use the criterion described in subparagraph (A), including nutritional risk standards. The Secretary shall also consider the value of housing in kind provided to the individual when determining program eligibility.”; (3) in paragraph (2), by adding before the period at the end the following: “, particularly with respect to nutrition education”; and (4) by adding at the end the following new paragraph: “(3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the program under subsection (a).”. (d) Definitions.— Subsection (f) of such section is amended by adding at the end the following new paragraph: “(4) The terms “nutrition education and ‘supplemental foods’ have the meanings given the terms in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).”. (e) Conforming Amendment.— Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection: “(q) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the overseas special supplemental food program established under section 1060a(a) of title 10, United States Code.”. SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A CONTINGENCY OPERATION. Section 2007(a) of title 10, United States Code, is amended— (1) in paragraph (2), by striking “and”; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(4) in the case of a member serving in a contingency operation or similar operational mission (other than for training) designated by the Secretary concerned, all of the charges may be paid.”. SEC. 676. ADMINISTRATION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT PROGRAM FOR COAST GUARD RESERVE. Section 16301 of title 10, United States Code, is amended by adding at the end the following new subsection: “(g) The Secretary of Transportation may repay loans described in subsection (a)(1) and otherwise administer this section in the case of members of the Selected Reserve of the Coast Guard Reserve when the Coast Guard is not operating as a service in the Navy.”. SEC. 677. SENSE OF CONGRESS REGARDING TREATMENT UNDER INTERNAL REVENUE CODE OF MEMBERS RECEIVING HOSTILE FIRE OR IMMINENT DANGER SPECIAL PAY DURING CONTINGENCY OPERATIONS. It is the sense of Congress that a member of the Armed Forces who is receiving special pay under section 310 of title 37, United States Code, while assigned to duty in support of a contingency operation should be treated under the Internal Revenue Code of 1986 in the same manner as a member of the Armed Forces serving in a combat zone (as defined in section 112 of the Internal Revenue Code of 1986).

2. 1999

   Pub. L. 106–65 § 662 · 113 Stat. 512

   Added · 37 U.S.C. § 211(d)

   Pub. L. 106–65, § 662, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–65, § 662, added subsec. (d).

   Enacted provision · exact public law section
   SEC. 662. SPECIAL RETENTION INITIATIVE. Section 211 of title 37, United States Code, as added by section 661, is amended by adding at the end the following: “(d) Agency Contributions for Retention in Critical Specialties.— (1) The Secretary concerned may enter into an agreement with a member to make contributions to the Thrift Savings Fund for the benefit of the member if the member— “(A) is in a specialty designated by the Secretary as critical to meet requirements (whether such specialty is designated as critical to meet wartime or peacetime requirements); and “(B) commits in such agreement to continue to serve on active duty in that specialty for a period of 6 years. “(2) Under any agreement entered into with a member under paragraph (1), the Secretary shall make contributions to the Fund for the benefit of the member for each pay period of the 6-year period of the agreement for which the member makes a contribution to the Fund under section 8440e of title 5 (other than under subsection (d)(2) thereof). Paragraph (2) of section 8432(c) of title 5 applies to the Secretary’s obligation to make contributions under this paragraph, except that the reference in such paragraph (2) to contributions under paragraph (1) of such section 8432(c) does not apply.”.

3. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 605(b) · 119 Stat. 3136

   Inserted · 37 U.S.C. § 211(d)

   Pub. L. 109–163, § 605(b), inserted “and First-Time Enlistees” after “Specialties” in heading

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–163, § 605(b), inserted “and First-Time Enlistees” after “Specialties” in heading.

   Enacted provision · exact public law section
   (b) Clerical Amendment.— Such subsection is further amended by inserting “and First-Time Enlistees” after “Specialties”.

4. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 605(a)(1) · 119 Stat. 3136

   1. Amended · 37 U.S.C. § 211(d)(1)

      Pub. L. 109–163, § 605(a)(1), designated existing provisions of subpar. (A) as cl. (i)

   2. Redesignated · 37 U.S.C. § 211(d)(1)

      Pub. L. 109–163, § 605(a)(1), redesignated former subpar. (B) as cl. (ii) of subpar. (A)

   3. Substituted · 37 U.S.C. § 211(d)(1)

      Pub. L. 109–163, § 605(a)(1), substituted “; or” for period at end

   4. Added · 37 U.S.C. § 211(d)(1)

      Pub. L. 109–163, § 605(a)(1), added a new subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 109–163, § 605(a)(1), designated existing provisions of subpar. (A) as cl. (i), redesignated former subpar. (B) as cl. (ii) of subpar. (A) and substituted “; or” for period at end, and added a new subpar. (B).

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) in subparagraph (A), by inserting “(i)” after “(A)”; (B) by redesignating subparagraph (B) as clause (ii) of subparagraph (A) and, in such clause, by striking the period at the end and inserting “; or”; and (C) by adding at the end the following new subparagraph (B): “(B) is enlisting in the armed forces for the first time and the period of the member’s enlistment is not less than two years.” ;

5. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 605(a)(2) · 119 Stat. 3136

   1. Substituted · 37 U.S.C. § 211(d)(2)(4)

      Pub. L. 109–163, § 605(a)(2)–(4), substituted “member under paragraph (1)(A)” for “member under paragraph (1)” in first sentence of par. (2)

   2. Added · 37 U.S.C. § 211(d)(2)(4)

      Pub. L. 109–163, § 605(a)(2)–(4), added par. (3)

   3. Substituted · 37 U.S.C. § 211(d)(2)(4)

      Pub. L. 109–163, § 605(a)(2)–(4), designated second sentence of par. (2) as (4), and in par. (4) substituted “this subsection” for “this paragraph”

   Source evidence

   Code amendment note
   Subsec. (d)(2) to (4). Pub. L. 109–163, § 605(a)(2)–(4), substituted “member under paragraph (1)(A)” for “member under paragraph (1)” in first sentence of par. (2), added par. (3), designated second sentence of par. (2) as (4), and in par. (4) substituted “this subsection” for “this paragraph”.

   Enacted provision · exact public law section
   (2) in paragraph (2), by striking “paragraph (1)” the first place it appears and inserting “paragraph (1)(A)”;

6. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title VI § 605(b) · 122 Stat. 3

   Added · 37 U.S.C. § 211(e)

   Pub. L. 110–181 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–181 added subsec. (e).

   Enacted provision · exact public law section
   (b) Semi-Monthly Repayment of Borrowed Amounts.— Section 211 of such title is amended by adding at the end the following new subsection: “(e) Repayment of Amounts Borrowed From Member Account.— If a loan is issued to a member under section 8433(g) of title 5 from funds in the member’s account in the Thrift Savings Plan, repayment of the loan may be required on the same semi-monthly basis as authorized for contributions to the Thrift Savings Fund on behalf of the member under section 1014(c) of this title.” .

7. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 div. A title VI § 632(e)(1) · 129 Stat. 726

   1. Redesignated · 37 U.S.C. § 211(d); 37 U.S.C. § 211(e)

      Pub. L. 114–92 redesignated subsec. (e) as (d)

   2. Struck · 37 U.S.C. § 211(d); 37 U.S.C. § 211(e)

      Pub. L. 114–92 struck out former subsec. (d) which related to agency contributions for retention in critical specialties and first-time enlistees

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 114–92 redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to agency contributions for retention in critical specialties and first-time enlistees.

   Enacted provision · exact public law section
   (1) Repeal.— Section 211 of title 37, United States Code, is amended— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d).

   Effective date note
   Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.

8. 2025

   Pub. L. 119–60 div. A title VI § 601(b)(5) · 139 Stat. 902

   Inserted · 37 U.S.C. § 211(a)(2)

   Pub. L. 119–60 inserted “or the Space Force” after “member of the Ready Reserve”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 119–60 inserted “or the Space Force” after “member of the Ready Reserve”.

12 of 14 references resolved to an enrolled provision · 1 partial · 1 unresolved