RESTATEMENT IN TITLE 10. UNITED STATES CODE, OF SELECTED PERMANENT LAW PROVISIONS

SEC. 1481. RESTATEMENT IN TITLE 10. UNITED STATES CODE, OF SELECTED PERMANENT LAW PROVISIONS (a) Crediting of Certain Receipts From Foreign Military Sales.— (1) Section 114(c) of title 10, United States Code, is amended— (A) by inserting “(1)” after “(c)”; and (B) by adding at the end the following: “(2) Notwithstanding section 37(a) of the Arms Export Control Act (22 U.S.C. 2777(a)), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761(a)(1))— “(A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)), but subject to the limitation in paragraph (1) and other applicable law; and “(B) to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302(b) of title 31.”. (2) Section 9017 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. (b) Authority To Procure Services of Experts and Consultants.— (1) Chapter 3 of title 10, United States Code, is amended by inserting after section 129a (as added by section 1483(b)) the following new section: “§ 129b. Experts and consultants: authority to procure services “(a) Authority.— Subject to subsection (b), the Secretary of Defense and the Secretaries of the military departments may— 104 STAT. 1705 “(1) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with section 3109 of title 5; and “(2) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law. “(b) Conditions.— The services of experts or consultants (or organizations thereof) may be procured under subsection (a) only if the Secretary of Defense or the Secretary of the military department concerned, as the case may be, determines that— “(1) the procurement of such services is advantageous to the United States; and “(2) such services cannot adequately be provided by the Department of Defense. “(c) Regulations.— Procurement of the services of experts and consultants (or organizations thereof) under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129a (as added by section 1483(b)) the following new item: “129b. Experts and consultants: authority to procure services of”. (3) Section 9002 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. (c) Military Relocation Assistance Programs.— (1) Chapter 53 of title 10, United States Code, is amended by adding at the end a new section 1056 consisting of— (A) a heading as follows: “§ 1056. Relocation assistance programs”; and (B) a text consisting of the text of subsections (a) through (g) of section 661 of the National Defense Authorization Act of Fiscal Years 1990 and 1991 (Public Law 101–189), revised— (i) by replacing “Not later than October 1, 1990, the Secretary of Defense shall establish” at the beginning of subsection (a) with “The Secretary of Defense shall carry out”; and (ii) by replacing “Armed Forces” each place it appears with “armed forces”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1056. Relocation assistance programs.”. (3) Section 661 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1463) is repealed. (4) The program required to be carried out by section 1056 of title 10, United States Code, as added by paragraph (1), shall be established by the Secretary of Defense not later than October 1, 1990. The Secretary shall prescribe regulations to implement that section not later than July 1, 1990. 104 STAT. 1706 (d) Civilian Personnel Administration.— (1) Section 1584 of title 10, United States Code, is amended— (A) by inserting “(a) Waiver of Employment Restrictions for Certain Personnel.—” before “Laws prohibiting”; and (B) by adding at the end the following: “(b) Notice to Congress of Certain Salary Increases.— The Secretary of Defense shall notify the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives when any salary increase granted to direct and indirect hire foreign national employees of the Department of Defense overseas, stated as a percentage, is greater than the higher of the following percentages: “(1) The percentage pay increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5. “(2) The percentage increase provided to national government employees of the host nation.”. (2) The heading of such section is amended to read as follows: “§ 1584. Employment of non-citizens”. (3) Section 1593 of such title is amended by adding at the end the following new subsection: “(d) Use of Appropriated Funds for Allowance.— Amounts appropriated annually to the Department of Defense for the pay of civilian employees may be used for uniforms, or for allowance for uniforms, as authorized by this section and section 5901 of title 5.”. (4) (A) Section 8114 of the Department of Defense Appropriations Act, 1989 (Public Law 100–463; 10 U.S.C. 1584 note), is repealed. (B) Section 9010 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. (e) Miscellaneous Administrative Provisions.— (1) Subchapter I of chapter 134 of title 10, United States Code, is amended by adding after section 2244 (as added by section 904) the following new section: “§ 2245. Use of aircraft for proficiency flying: limitation “(a) An aircraft under the jurisdiction of a military department may not be used by a member of the armed forces for the purpose of proficiency flying except in accordance with regulations prescribed by the Secretary of Defense. “(b) Such regulations— “(1) may not require proficiency flying by a member except to the extent required for the member to maintain flying proficiency in anticipation of the member’s assignment to combat operations; and “(2) may not permit proficiency flying in the case of a member who is assigned to a course of instruction of 90 days or more. “(c) In this section, the term ‘proficiency flying’ has the meaning given that term in Department of Defense Directive 1340.4.”. (2) The table of sections at the beginning of such subchapter is amended by adding after the item relating to section 2244, as added by section 1036, the following new item: “2245. Use of aircraft for proficiency flying: limitation.”. (3) Section 9006 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. 104 STAT. 1707 (f) Reimbursement Required for Provision of Medical Care to Foreign Military and Diplomatic Personnel.— (1) Chapter 151 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2549. Provision of medical care to foreign military and diplomatic personnel: reimbursement required; waiver for provision of reciprocal services “(a) Reimbursement Required.— Except as provided in subsection (b), whenever the Secretary of Defense provides medical care in the United States on an inpatient basis to foreign military and diplomatic personnel or their dependents, the Secretary shall require that the United States be reimbursed for the costs of providing such care. Payments received as reimbursement for the provision of such care shall be credited to the appropriations against which charges were made for the provision of such care. “(b) Waiver When Reciprocal Services Provided United States Military Personnel.— Notwithstanding subsection (a), the Secretary of Defense may provide inpatient medical care in the United States without cost to military personnel and their dependents from a foreign country if comparable care is made available to a comparable number of United States military personnel and their dependents in that foreign country.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2549. Provision of medical care to foreign military and diplomatic personnel: reimbursement required; waiver for provision of reciprocal services.”. (3) Section 9020 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. (g) Limitation on Leasing of Aircraft and Vehicles to Non-Federal Agencies.— (1) Chapter 151 of title 10, United States Code, as amended by subsection (f), is further amended by adding at the end the following new section: “§ 2550. Aircraft and vehicles: limitation on leasing to non-Federal agencies “The Secretary of Defense (or Secretary of a military department) may not lease to a non-Federal agency in the United States any aircraft or vehicle owned or operated by the Department of Defense if suitable aircraft or vehicles are commercially available in the private sector. However, nothing in the preceding sentence shall affect authorized and established procedures for the sale of surplus aircraft or vehicles.”. (2) The table of sections at the beginning of such chapter, as amended by subsection (0, is further amended by adding at the end the following new item: “2550. Aircraft and vehicles: limitation on leasing to non-Federal agencies.”. (3) Section 2550 of title 10, United States Code, as added by paragraph (1), does not prohibit the leasing of helicopters authorized by section 1463 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 99 Stat. 765). (4) Section 9025 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. 104 STAT. 1708 (h) Administration of Real Property.— (1) Chapter 159 of title 10, United States Code, is amended by inserting after section 2677 the following new section: “§ 2678. Feral horses and burros: removal from military installations “When feral horses or burros are found on an installation under the jurisdiction of the Secretary of a military department, the Secretary may use helicopters and motorized equipment for their removal.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2677 the following new item: “2678. Feral horses and burros: removal from military installations.”. (3) Section 9030 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. (i) Environmental Restoration.— (1) Section 2701 of title 10, United States Code, is amended by adding at the end the following new subsections: “(f) Use of Appropriated Funds at Former DOD Sites.— Appropriations available to the Department of Defense may be used at sites formerly used by the Department of Defense for removal of unsafe buildings or debris of the Department of Defense. “(g) Removal of Unsafe Buildings and Debris Before Release From Federal Control.— In the case of property formerly used by the Department of Defense which is to be released from Federal Government control and at which there are unsafe buildings or debris of the Department of Defense, all actions necessary to comply with regulations of the General Services Administration on the transfer of property in a safe condition shall be completed before the property is released from Federal Government control, except in the case of property to be conveyed to an entity of State or local government or to a native corporation.”. (2) Section 9038 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165), is repealed. (j) Funds Available for Payment of Claims.— (1) Chapter 163 of title 10, United States Code, is amended by inserting after section 2731 the following new section: “§ 2732. Payment of claims: availability of appropriations “Appropriations available to the Department of Defense for operation and maintenance may be used for payment of claims authorized by law to be paid by the Department of Defense (except for civil functions), including— “(1) claims for damages arising under training contracts with carriers; and “(2) repayment of amounts determined by the Secretary concerned to have been erroneously collected— “(A) from military and civilian personnel of the Department of Defense; or “(B) from States or territories or the District of Columbia (or members of the National Guard units thereof).”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2731 the following new item: 104 STAT. 1709 “2732. Payment of claims: availability of appropriations.”. (3) Section 8098 of the Department of Defense Appropriations Act, 1989 (Public Law 100–463; 10 U.S.C. 2241 note), is repealed. (4) (A) Section 2734(h) of title 10, United States Code, is amended by striking out “available to the” and all that follows and inserting in lieu thereof the following: “as provided in section 2732 of this title.”. (B) Section 2734a of such title is amended— (i) in subsection (c), by striking out “for that purpose” and inserting in lieu thereof “as provided in section 2732 of this title”; and (ii) in subsection (d), by striking out “the appropriation for claims of the Department of Defense” and inserting in lieu thereof “appropriations as provided in section 2732 of this title”. (C) Section 2734b(d) of such title is amended by striking out “for that purpose” and inserting in lieu thereof the following: “as provided in section 2732 of this title”. (k) Legislative Construction.— (1) A reference to a law replaced by the provisions of title 10, United States Code, enacted by this section (including a reference in a regulation, order, or other law) shall be treated as referring to the corresponding provision enacted by this section. (2) A regulation, rule, or order in effect under a law replaced by the provisions of title 10, United States Code, enacted by thus section shall continue in effect under the corresponding provision enacted by this title until repealed, amended, or superseded. (3) An action taken or an offense committed under a law replaced by the provisions of title 10, United States Code, enacted by this section shall be treated as having been taken or committed under the corresponding provision enacted by this title.