Selected Provisions of the FY2000 Defense Authorization Act

Selected Provisions of the FY2000 Defense Authorization Act
(Public Law 106-65, 10/5/99)

Subtitle A: Health Care Services | Subtitle B: TRICARE Program | Subtitle C: Other Matters
Title III: Operations and Maintenance
Title IV: Military Personnel Authorizations
Title V: Military Personnel Policy
Title VI: Compensation and Other Personnel Benefits

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SENATE PROVISION (S. 1059)	HOUSE PROVISION (H.R. 1401)	Final Law Change
	Title VI - Compensation and Other Personnel Benefits
Sec. 601: Increases active duty pay rates by 4.8% effective 1 Jan. 2000. Authorizes pay table reform effective 1 July 2000	Sec. 601: Active Duty Pay Increase of 4.8% effective 1 Jan. 2000. Authorizes same pay table reform effective 1 July 2000 and raises cap on military pay to Level III of the Executive Schedule for those in grades O-7 through O-10 as of 4/30/99. Basic pay of all other personnel may not exceed Executive Level V.	Sec. 601. House provision, except flag officer pay cap to be raised as of 1/1/00 (will apply at that point to readjust retired pay of affected officers who retired on 4/30/99 or later).
Sec. 602: Future Pay Raises: Provides for raises in FY 2001 through 2006 at .5% above ECI.	Sec. 602: Future Pay Raises: Delinks military pay from ECI minus .5% formula and provides future raises at the full ECI level.	Sec 602. Senate Provision.
No similar provision	Sec. 603: Additional Amount Available for FY 2000 Increase in BAH for Housing inside US: Increases housing allowance funding by $442.5 million to "buy down" out of pocket expenses by 3% and accelerate implementation of market based BAH rates.	Sec. 603. House provision, except added amount limited to $225M.
Sec. 605: Continuance of Pay and Allowances When duty status is "whereabouts unknown." Pay would continue to go to family rather than terminating per current practice	No similar provision.	No provision adopted.
Sec. 645 Reimbursement of Travel Expenses Incurred by Members of the Armed Forces in Connection with Leave Canceled for Involvement in Kosovo-Related Activities: Allows Service Secretaries to reimburse members for travel expenses incurred in connection with the cancellation of approved leave to meet duty requirements for Operation Allied Force.	No similar provision	No provision adopted. Conferees note Services have authority to reimburse these cases and expect them to do so.
Sec. 698 Implementation of the Special Supplemental Nutrition Program: Requires SecDef to carry out Supplemental Nutrition Program overseas. Retains current law allowing SecDef to determine income standards for the benefit, but requires continued eligibility for those already certified in the states to continue eligibility for the duration of the certification period.	Sec. 673 Overseas Special Supplemental Food Program: Mandates that DoD pay for the supplemental program (WIC-like program). However, in determining eligibility, housing allowances whether received in cash or kind must be included.	Sec. 674. House provision, with a Senate amendment continuing eligibility for those already certified in the states for the duration of the certification period.

SENATE PROVISION (S. 1059)	HOUSE PROVISION (H.R. 1401)	Final Law Change
Secs. 671-676. Montgomery GI Bill Enhancements: Increases rates 14%, eliminates $1200 basic pay reduction requirement (prospective), authorizes accelerated payments, permits MGIB "buy-in" by current ineligibles/ nonparticipants, and allows transferability to dependents (at Secretary discretion) as service recruiting/retention tool.	No similar provision	No provisions adopted.
Sec. 692 Members Under Burdensome PERSTEMPO: Requires General/Flag officer to approve deployments over 180 days in one year; four-star approval for 200 or more days. $100 per diem for days over 220 deployed in 1 year.	No similar provision	Sec. 586. Requires General/Flag officer (except USCG) to approve deployments of members over 181 out of 365 days; four-star approval for 221 out of 365 days, eff 10/1/00. $100 per diem for deployed days over 250, eff 10/1/01.
Sec. 1055 Continued Enrollment in DoDDDESS schools: Allows continued enrollment if the status of the sponsor changes.	Sec. 352 Continued Enrollment in DoDDDESS schools: Allows enrollment for the Senior year of high school if the dependent student was enrolled in their junior year, and allows a student to finish the school year if the status of the sponsor changes during the year (dies, retires)	Sec 353. Both House and Senate provisions.
Sec. 1056 Uniformed School Boards for DoDDDESS schools in Puerto Rico and Guam: Allows for a single school board for all of the schools located in Puerto Rico or Guam	No similar provision	Sec. 353. Senate provision.
Secs 1301-1303 Military Voting Rights Act of 1999: Amends the SSCRA to guarantee the absentee voting rights of servicemembers in state and local elections, as well as federal elections.	No similar provision.	No provision adopted.
Guard and Reserve Issues
Sec. 521. Establishment of the Coast Guard Reserve Directorate. Establishes the Coast Guard Reserve directorate.	No similar provision	Sec. 557. Senate provision.
No similar provision	Sec 521—Revision to Military Technician (Dual Status ) Law This section would clarify section 10216 of title 10 USC, pertaining to military technicians (dual status), and extend the time from 6 to up to 12 months that a person may remain employed as a technician in the Army and Air Force Reserve following loss of status as a military technician (dual status ).	Sec. 521. House provision

SENATE PROVISION (S. 1059)	HOUSE PROVISION (H.R. 1401)	Final Law Change
No similar provision	Sec 522—Civil Service Retirement of Technicians: Require retirement-eligible Reserve military technicians to retire upon loss of dual status. Establishes procedures for continued employment of certain non-retirement eligible technicians in the Army or Air Force Reserve who had been hired on or before February 10, 1996, as well as for the reemployment and separation of non-dual status technicians hired subsequently. Any technician hired after 2/10/96, who becomes a non-dual status technician will be eligible for immediate retirement after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service. Permit Army and Air Force technicians who qualify for the Civil Service Retirement System (CSRS) to be disability retired – something that heretofore, only National Guard technicians under CSRS were qualified for.	Sec. 522. House provision, amended to remove limit on number of mandatory retirements in a year.
No similar provision	Sec 546—Increase in Monthly Subsistence Allowance for Senior ROTC Cadets Selected for Advanced Training Increase the monthly subsistence allowance of senior ROTC cadets from $150 to $200 per month.	Sec. 546. House provision
No similar provision	Sec 631—Lodging in Kind for Reservists Performing Training Duty and Not Otherwise Entitled to Travel and Transportation Allowances: Authorize use of O&M funds to provide lodging in kind to reservists performing active duty or inactive duty for training when transient government housing is not available.	Sec. 631. House provision, amended to require that adequacy/availability of transient government housing is determined by installation commander.
Sec 643 Per diem eligibility of certain military technicians (dual status) serving on active duty without pay outside the United States Would authorize military technicians on leave from technician employment and serving on active duty outside the United States, deployed without an adequate opportunity to apply for a commutation of subsistence and quarters, to receive a per diem allowance. Provision would be retroactive to February 10, 1996 to cover technicians deployed in support of Bosnia contingency operations	Sec 672—Clarification of Per Diem Eligibility for Military Technicians Serving on Active Duty Without Pay Outside the United States This section would clarify that military technicians serving on active duty without pay while in civilian leave status, as provided by section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106), may be paid a per diem allowance in lieu of commutation for subsistence and quarters.	Sec. 672. House provision.

SENATE PROVISION (S. 1059)	HOUSE PROVISION (H.R. 1401)	Final Law Change
Sec. 681. Accelerated Payments of Certain Educational Assistance for Members of Selected Reserve.	No similar provision	No provision adopted.
Sec. 682. Modification of Time for Use by Certain Members of Selected Reserve of Entitlement to Certain Educational Assistance. Extends expiration to 5 years after separation for Reservists at the end of the original 10 years.	No similar provision	No provision adopted.
Sec 1104 Leave without loss of benefits for military reserve technicians on active duty in support of combat operations Aamends section 6323(d)(1) of title 5, United States Code, so that leave protections would apply when dual-status military technicians participate on active duty in combat, as well as noncombat, operations outside the United States, its territories and possessions.	No similar provision	Sec. 1104. Senate provision
No similar provision.	Sec 1103—Expansion of Guard-and-Reserve Purposes for which Leave under Section 6323 of Title 5, United States Code, May be Used Expands permitted uses of military leave by reserve component members who are also federal civilians. Currently, section 6323 of title 5 authorizes use of military leave for periods of active duty or field or coastal defense training. This would add periods of inactive duty for training to the eligible categories and allow flexibility to use this leave within the current 15 day annual ceiling to further reserve unit readiness.	Sec. 1106. House provision
Survivor Issues
No similar provision in the Senate bill.	Sec. 651- Administrative Disability Retirement Authority: Authorizes Service Secretaries to delay by up to 48 hours the administrative date of death of an active duty member who dies in a civilian hospital (for disability retirement purposes)	No provision adopted.
Sec. 657- Forgotten Widows SBP Expiration: Eliminates the 2001 cutoff date for the "Forgotten Widows" SBP annuity, thus making the minimum benefit permanent.	Sec. 652 Gray Area Forgotten Widows SBP: Authorize eligibility for minimum survivor benefit annuity for widows of gray area Reservists who died before September 21, 1972.	Sec. 656. Both House and Senate provisions.

SENATE PROVISION (S. 1059)	HOUSE PROVISION (H.R. 1401)	Final Law Change
Sec. 656- Paid-Up RSFPP: Authorizes individuals who participated in the Retired Servicemen's Family Protection Plan (RSFPP) to include years of coverage under RSFPP in meeting the 30 year requirement for paid-up coverage status. Same 2008 effective date as paid-up SBP.	No similar provision in the House bill.	Sec. 655. Senate provision.
Sec. 660- SBP Age-62 Annuity Increase: Authorizes the increase in minimum SBP annuity from the current 35% of SBP-covered retired pay to 40% as of 1 Oct 1999, with a follow-on increase to 45% as of 1 Oct 2004. Supplemental SBP premiums would be recomputed.	No similar provision in the House bill.	No provision adopted.
Retirement Issues
Sec. 651 REDUX: Allows members at 15^th year of service to opt to remain under REDUX (the 40% retirement plan) and receive a $30,000 career retention bonus (with 20-yr service commitment) or revert to the Hi-3 plan. Applies only to those who entered service on or after 8/1/86	Sec. 641-644 Same as Senate except that those who choose to revert to the Hi-3 retirement plan will have COLA caps like those imposed on civil servants under the FERS retirement plan	Secs. 641-644. Senate provisions.
Sec. 652 Participation in Thrift Savings Plan (TSP): Eff. 1 Jul 2000, active duty and Ready Reserve members may contribute up to 5% of basic pay into TSP (up to $10,000/yr federal limit). Special pays/bonuses, including $30,000 career retention bonus, may be invested in TSP (up to $10,000 total per year). SecDef may delay Reserve participation 6 mos to avoid excessive administrative burden.	Sec. 661 Participation in Thrift Savings Plan: Same as Senate, except: (a) limited to members on active duty over 30 days; (b) permit contributions 1 Jul 2000 or 1 year after enactment, whichever is later; no bonus contributions before 1 Dec 2000; and (c) implementation is contingent on PB2001 submission/enactment of future legislation specifying PayGo spending offsets.	Secs. 661 and 663. Senate provision, with House implementation provision (contingent on PB2001 submission/enactment of future legislation identifying offsets).
Sec. 653 Special Retention Incentive: Allows Service Secretaries discretion to match TSP contributions (6-year limit) of members in critical specialties who agree to serve 6 more years.	No similar provision.	Sec. 662. Senate provision.
Sec. 654 Dual Compensation Limit: Repeals dual compensation limits (incl. Executive Level V cap) for regular officers and other service retirees employed as federal civilians. Effective the 1st day of 1st month after enactment	No similar provision.	Sec. 651. Senate provision, effective 10/1/99.
Sec. 659 Authorizes special monthly allowance to nondisability military retirees awarded VA disability ratings of 70% or higher within 4 yrs of retirement: • $300/mo for those 100% disabled • $200/mo for those 90% disabled • $100/mo for those 70-80% disabled	Sec. 674 Special Compensation for Severely Disabled Uniformed Service Retirees: Same as Senate, except for language that urges SecDef to prioritize 100% disabled if insufficient funds to cover all eligibles.	Sec. 658. Slightly modified version of Senate provision, mandating payment to qualifying individuals, eff 10/1/99.

SENATE PROVISION (S. 1059)	HOUSE PROVISION (H.R. 1401)	Final Law Change
No similar provision.	Sec. 655 Disability Retirement: Authorize disability separation/retirement for members with 8+ years of active service disabled due to pre-existing condition; Reservists could qualify for 15-year retirement when disqualified for service due to a medical condition not connected to service.	Sec. 653. House provision.
Sec. 1004 Electronic Funds Transfer (EFT): Permits SecDef to require all pay and allowances to military/civilian members, retirees, and family members be made electronically (specifically denies current Title 31 exception authority)	No similar provision.	Sec. 1008. Senate provision.
Veterans Issues
Sec 571 Funeral honors details at funerals of veterans - Specifies that honor guard details be comprised of not less than two persons (at least two uniformed, at least one member of same service as deceased) with the capability to play a recording of Taps. - Reserve incentives: inactive retirement point credit, reimbursement for transportation costs (for a 200 mile round trip), and a $50 stipend for funeral honors detail participants; authorizes medical treatment for any illness or injury incurred while participating in an honors detail. - Makes deceased members or former members of the Selected Reserve eligible for funeral honors.	Section 565—Revision to Requirement for Honor Guard Details at Funerals of Veterans - Honor guard details will include not less than two persons (at least one uniformed, at least one member of same service as deceased), with the capability to play a recording of Taps. - Secretary authorized to provide financial support, material, equipment, and training to support nongovernmental organizations, to support honor guard activities. - Reserve Incentives: inactive retirement credit, reimbursement for transportation costs (for a 100 mile round trip), and a $50 stipend for funeral honors detail participants.	Sec. 578. - Detail of not less than two persons (at least two uniformed, at least one member of same service as deceased) with the capability to play a recording of Taps. - Secretary authorized to provide financial support, material, equipment, and training to support nongovernmental organizations, to support honor guard activities. - Reserve/Guard Incentives: inactive retirement point credit, reimbursement for transportation costs (for a 100 mile round trip) and $50 stipend; authorizes medical/disability coverage for illness or injury incurred while participating in an honors detail. - Makes deceased members or former members of the Selected Reserve eligible for funeral honors.
SEC. 1211. Future Use Of Navy Annex Property, Arlington, Virginia. No transfer or other use of Navy Annex property may be carried out until 2 years after the later of-- (1) submission date of study on Arlington expansion required by FY99 NDAA Conference Report; or (2) submission date of report of the National Military Museum Commission.	SEC. 2871. Expansion Of Arlington National Cemetery. SecDef shall transfer to SecArmy jurisdiction over approximately 36.5 acres of Navy Annex land, for incorporation into Arlington National Cemetery. In addition, SecArmy shall modify the boundary of Arlington National Cemetery to include approximately 8 acres of Fort Myer land.	Secs 2881-2882. House provision, with Senate amendment requiring transfer of Navy Annex property to Army for incorporation into Arlington Cemetery, with some acreage reserved for national military museum or other memorial, if recommended by national Military Museum Commission. SecArmy to work with all parties to achieve appropriate disposition.
		Sec. 383-384. Armed Forces Retirement Homes. AFRH can apply for and accept Interior grant for maintaining, repairing and preserving historic buildings. AFRH shall convey, only by fee-simple sale or long-term lease, property within 12 months after date of enactment; any lease shall include option to purchase and Catholic University will have opportunity to match or exceed highest bona fide bid. In no event shall sale or lease be for less than appraised value in existing condition, on basis of highest and best use.