Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001’’.
(b) FINDINGS.—Congress makes the following find-
ings:
(1) Representative Floyd D. Spence of South
Carolina was elected to the House of Representatives
in 1970, for service in the 92d Congress, after serv-
ing in the South Carolina legislature for 10 years,
and he has been reelected to each subsequent Con-
gress.
(2) Representative Spence came to Congress as
a distinguished veteran of service in the Armed
Forces of the United States.
(3) Upon graduation from college in 1952, Rep-
resentative Spence was commissioned as an ensign
in the United States Naval Reserve. After entering
active duty, he served with distinction aboard the
USS CARTER HALL and the USS LSM–397 dur-
ing the Korean War and later served as commanding
officer of a Naval Reserve Surface Division and as
group commander of all Naval Reserve units in Co-
lumbia, South Carolina. Representative Spence re-
tired from the Naval Reserve in 1988 in the grade
of captain, after 41 years of dedicated service.
(4) Upon election to the House of Representa-
tives, Representative Spence became a member of
the Committee on Armed Services of that body. Dur-
ing 30 years of service on that committee (4 years
of which were served while the committee was known
as the Committee on National Security), Represent-
ative Spence’s contributions to the national defense
and security of the United States have been pro-
found and long lasting.
(5) Representative Spence served as chairman
of that committee while known as the Committee on
National Security during the 104th and 105th Con-
gresses and serves as chairman of that committee
for the 106th Congress. In addition, Representative
Spence served as the ranking minority member of
the Committee on Armed Services during the 103d
Congress.
(6) Dozens of awards from active duty and re-
serve military, veterans service, military retiree, and
industry organizations and associations have recog-
nized the distinguished character of Representative
Spence’s service to the Nation.
(7) Representative Spence has been a leading
figure in the debate over many of the most critical
military readiness, health care, recruiting, and reten-
tion issues currently confronting the Nation’s mili-
tary. His concern for the men and women in uni-
form has been unwavering, and his accomplishments
in promoting and gaining support for those issues
that preserve the combat effectiveness, morale, and
quality of life of the Nation’s military personnel have
been unparalleled.
(8) During his tenure as chairman of the Com-
mittee on National Security and the Committee on
Armed Services of the House of Representatives,
Representative Spence has—
(A) led efforts to identify and reverse the
effect that declining resources and rising com-
mitments have had on military quality of life
for service members and their families, on com-
bat readiness, and on equipment modernization,
with a direct result of those diligent efforts and
of his willingness to be an outspoken proponent
for America’s military being that Congress has
added nearly $50,000,000,000 to the Presi-
dent’s defense budgets over the past 5 years;
(B) been a leading proponent of the need
to expeditiously develop and field a national
missile defense to protect American citizens and
forward deployed military forces from growing
ballistic missile threats;
(C) advocated reversing the growing dis-
parity between actual military capability and
the requirements associated with the National
Military Strategy; and
(D) led efforts in Congress to reform De-
partment of Defense acquisition and manage-
ment headquarters and infrastructure and busi-
ness practices.
(9) This Act is the 30th annual authorization
bill for the Department of Defense for which Rep-
resentative Spence has taken a major responsibility
as a member of the Committee on Armed Services
of the House of Representatives (including 4 years
while that committee was known as the Committee
on National Security).
(10) In light of the findings in the preceding
paragraphs, it is altogether fitting and proper that
this Act be named in honor of Representative Floyd
D. Spence of South Carolina, as provided in sub-
section (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Au-
thorizations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense Health Program.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of Bunker Defeat Munitions that
may be acquired.
Sec. 113. Armament Retooling and Manufacturing Support Initiative.
Subtitle C—Navy Programs
Sec. 121. Submarine force structure.
Sec. 122. Virginia class submarine program.
Sec. 123. Retention of configuration of certain Naval Reserve frigates.
Sec. 124. Extension of multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 125. Economic analysis of certain shipbuilding programs.
Subtitle D—Air Force Programs
Sec. 131. Annual report on operational status of B–2 bomber.
Sec. 132. KC–135E reengining kits.
Subtitle E—Joint Programs
Sec. 141. Study of production alternatives for the Joint Strike Fighter pro-
gram.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. High energy laser programs.
Sec. 212. Management of Space-Based Infrared System—Low.
Sec. 213. Joint strike fighter.
Subtitle C—Ballistic Missile Defense
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Sense of the Congress concerning commitment to deployment of Na-
tional Missile Defense system.
Sec. 233. Reports on ballistic missile threat posed by North Korea.
Sec. 234. Plan to modify ballistic missile defense architecture to cover inter-
mediate-range ballistic missile threats.
Sec. 235. Designation of Airborne Laser Program as a program element of Bal-
listic Missile Defense program.
Subtitle D—Other Matters
Sec. 241. Recognition of those individuals instrumental to naval research ef-
forts during the period from before World War II through the
end of the Cold War.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Environmental Provisions
Sec. 311. Payment of fines and penalties imposed for environmental violations.
Sec. 312. Necessity of military low-level flight training to protect national secu-
rity and enhance military readiness.
Sec. 313. Use of environmental restoration accounts to relocate activities from
defense environmental restoration sites.
Sec. 314. Findings and sense of the Congress regarding environmental restora-
tion of former defense manufacturing site, Santa Clarita, Cali-
fornia.
Subtitle C—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 321. Use of appropriated funds to cover operating expenses of commissary
stores.
Sec. 322. Adjustment of sales prices of commissary store goods and services to
cover certain expenses.
Sec. 323. Use of surcharges for construction and improvement of commissary
stores.
Sec. 324. Inclusion of magazines and other periodicals as an authorized com-
missary merchandise category.
Sec. 325. Use of most economical distribution method for distilled spirits.
Sec. 326. Report on effects of availability of slot machines on United States
military installations overseas.
Subtitle D—Performance of Functions by Private-Sector
Sources
Sec. 331. Inclusion of additional information in reports to Congress required
before conversion of commercial or industrial type functions to
contractor performance.
Sec. 332. Limitation on use of funds for Navy Marine Corps intranet contract.
Subtitle E—Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense ci-
vilian employees.
Sec. 342. Eligibility for attendance at Department of Defense domestic depend-
ent elementary and secondary schools.
Subtitle F—Military Readiness Issues
Sec. 351. Additional capabilities of, and reporting requirements for, the readi-
ness reporting system.
Sec. 352. Reporting requirements regarding transfers from high-priority readi-
ness appropriations.
Sec. 353. Department of Defense strategic plan to reduce backlog in mainte-
nance and repair of defense facilities.
Subtitle G—Other Matters
Sec. 361. Authority to ensure demilitarization of significant military equipment
formerly owned by the Department of Defense.
Sec. 362. Annual report on public sale of certain military equipment identified
on United States Munitions List.
Sec. 363. Registration of certain information technology systems with chief in-
formation officer.
Sec. 364. Studies and reports required as precondition to certain manpower re-
ductions.
Sec. 365. National Guard assistance for certain youth and charitable organiza-
tions.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to be
on active duty in support of the Reserves.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—General Personnel Management Authorities
Sec. 501. Authority for Secretary of Defense to suspend certain personnel
strength limitations during war or national emergency.
Sec. 502. Authority to issue posthumous commissions in the case of members
dying before official recommendation for appointment or pro-
motion is approved by secretary concerned.
Sec. 503. Technical correction to retired grade rule for Army and Air Force of-
ficers.
Sec. 504. Extension to end of calendar year of expiration date for certain force
drawdown transition authorities.
Sec. 505. Clarification of requirements for composition of active-duty list selec-
tion boards when reserve officers are under consideration.
Sec. 506. Voluntary Separation Incentive.
Sec. 507. Congressional review period for assignment of women to duty on sub-
marines and for any proposed reconfiguration or design of sub-
marines to accommodate female crew members.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Exemption from active-duty list for reserve officers on active duty for
a period of three years or less.
Sec. 512. Exemption of reserve component medical and dental officers from
counting in grade strengths.
Sec. 513. Continuation of officers on the reserve active status list without re-
quirement for application.
Sec. 514. Authority to retain reserve component chaplains and officers in med-
ical specialties until specified age.
Sec. 515. Authority for temporary increase in number of reserve component
personnel serving on active duty or full-time National Guard
duty in certain grades.
Sec. 516. Authority for provision of legal services to reserve component mem-
bers following release from active duty.
Sec. 517. Entitlement to separation pay for reserve officers released from active
duty upon declining selective continuation on active duty after
second failure of selection for promotion.
Sec. 518. Extension of involuntary civil service retirement date for certain re-
serve technicians.
Subtitle C—Education and Training
Sec. 521. College tuition assistance program for pursuit of degrees by members
of the Marine Corps Platoon Leaders Class program.
Sec. 522. Review of allocation of Junior Reserve Officers Training Corps units
among the services.
Sec. 523. Authority for Naval Postgraduate School to enroll certain defense in-
dustry civilians in specified programs relating to defense prod-
uct development.
Subtitle D—Decorations, Awards, and Commendations
Sec. 531. Authority for award of the Medal of Honor to Andrew J. Smith for
valor during the Civil War.
Sec. 532. Authority for award of the Medal of Honor to Ed W. Freeman for
valor during the Vietnam Conflict.
Sec. 533. Consideration of proposals for posthumous or honorary promotions or
appointments of members or former members of the Armed
Forces and other qualified persons.
Sec. 534. Waiver of time limitations for award of Navy Distinguished Flying
Cross to certain persons.
Sec. 535. Addition of certain information to markers on graves containing re-
mains of certain unknowns from the U.S.S. ARIZONA who
died in the Japanese attack on Pearl Harbor on December 7,
1941.
Sec. 536. Sense of the Congress regarding final crew of U.S.S. INDIANAP-
OLIS.
Sec. 537. Posthumous advancement of Rear Admiral (retired) Husband
E. Kimmel and Major General (retired) Walter C. Short on re-
tired lists.
Sec. 538. Commendation of citizens of Remy, France, for World War II ac-
tions.
Subtitle E—Military Justice Matters
Sec. 541. Recognition by States of military testamentary instruments.
Sec. 542. Probable cause required for entry of names of subjects into official
criminal investigative reports.
Sec. 543. Collection and use of DNA identification information from violent
and sexual offenders in the Armed Forces.
Sec. 544. Clarification and reaffirmation of the intent of Congress regarding
the court-martial sentence of confinement for life without eligi-
bility for parole.
Sec. 545. Authority for civilian special agents of military department criminal
investigative organizations to execute warrants and make ar-
rests.
Subtitle F—Other Matters
Sec. 551. Funeral honors duty compensation.
Sec. 552. Test of ability of reserve component intelligence units and personnel
to meet current and emerging defense intelligence needs.
Sec. 553. National Guard Challenge program.
Sec. 554. Study of use of civilian contractor pilots for operational support mis-
sions.
Sec. 555. Pilot program to enhance military recruiting by improving military
awareness of school counselors and educators.
Sec. 556. Reimbursement for expenses incurred by members in connection with
cancellation of leave on short notice.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Revised method for calculation of basic allowance for subsistence.
Sec. 603. Family subsistence supplemental allowance for low-income members
of the Armed Forces.
Sec. 604. Calculation of basic allowance for housing for inside the United
States.
Sec. 605. Equitable treatment of junior enlisted members in computation of
basic allowance for housing.
Sec. 606. Basic allowance for housing authorized for additional members with-
out dependents who are on sea duty.
Sec. 607. Personal money allowance for senior enlisted members of the Armed
Forces.
Sec. 608. Allowance for officers for purchase of required uniforms and equip-
ment.
Sec. 609. Increase 
in 
monthly 
subsistence 
allowance 
for 
members 
of
precommissioning programs.
Sec. 610. Additional amount available for fiscal year 2001 increase in basic al-
lowance 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 of-
ficer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses and
special pays.
Sec. 614. Consistency of authorities for special pay for reserve medical and
dental officers.
Sec. 615. Special pay for Coast Guard physician assistants.
Sec. 616. Special duty assignment pay for enlisted members.
Sec. 617. Revision of career sea pay.
Sec. 618. Revision of enlistment bonus authority.
Sec. 619. Authorization of retention bonus for members of the Armed Forces
qualified in a critical military skill.
Sec. 620. Elimination of required congressional notification before implementa-
tion of certain special pay authority.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Advance payments for temporary lodging of members and depend-
ents.
Sec. 632. Additional transportation allowance regarding baggage and household
effects.
Sec. 633. Equitable dislocation allowances for junior enlisted members.
Sec. 634. Authority to reimburse military recruiters, Senior ROTC cadre, and
military entrance processing personnel for certain parking ex-
penses.
Sec. 635. Expansion of funded student travel for dependents.
Subtitle D—Retirement and Survivor Benefit Matters
Sec. 641. Increase in maximum number of reserve retirement points that may
be credited in any year.
Sec. 642. Reserve component survivor benefit plan spousal consent requirement.
Sec. 643. Effective date of disability retirement for members dying in civilian
medical facilities.
Subtitle E—Other Matters
Sec. 651. Participation in Thrift Savings Plan.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Two-year extension of authority for use of contract physicians at mili-
tary entrance processing stations and elsewhere outside medical
treatment facilities.
Sec. 702. Medical and dental care for medal of honor recipients.
Sec. 703. Provision of domiciliary and custodial care for CHAMPUS bene-
ficiaries and certain former CHAMPUS beneficiaries.
Sec. 704. Demonstration project for expanded access to mental health coun-
selors.
Sec. 705. Teleradiology demonstration project.
Subtitle B—TRICARE Program
Sec. 711. Additional beneficiaries under TRICARE Prime Remote program in
the continental United States.
Sec. 712. Elimination of copayments for immediate family.
Sec. 713. Modernization of TRICARE business practices and increase of use of
military treatment facilities.
Sec. 714. Claims processing improvements.
Sec. 715. Prohibition against requirement for prior authorization for certain re-
ferrals; report on nonavailability-of-health-care statements.
Sec. 716. Authority to establish special locality-based reimbursement rates; re-
ports.
Sec. 717. Reimbursement for certain travel expenses.
Sec. 718. Reduction of catastrophic cap.
Sec. 719. Report on protections against health care providers seeking direct re-
imbursement from members of the uniformed services.
Sec. 720. Disenrollment process for TRICARE retiree dental program.
Subtitle C—Health Care Programs for Medicare-Eligible
Department of Defense Beneficiaries
Sec. 721. Implementation of TRICARE senior pharmacy program.
Sec. 722. Study on health care options for Medicare-eligible military retirees.
Sec. 723. Extended coverage under Federal Employees Health Benefits Pro-
gram.
Sec. 724. Extension of TRICARE senior supplement program.
Sec. 725. Medicare subvention project for military retirees and dependents.
Subtitle D—Other Matters
Sec. 731. Training in health care management and administration.
Sec. 732. Study of accrual financing for health care for military retirees.
Sec. 733. Tracking patient safety in military medical treatment facilities.
Sec. 734. Pharmaceutical identification technology.
Sec. 735. Management of vaccine immunization program.
Sec. 736. Study on feasibility of sharing biomedical research facility.
Sec. 737. Chiropractic health care for members on active duty.
Sec. 738. VA-DOD sharing agreements for health services.
Sec. 739. Improvement of access to health care under the TRICARE program.
Sec. 740. Study on comparability of coverage for physical, speech, and occupa-
tional therapies.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Sec. 801. Extension of authority for Department of Defense acquisition pilot
programs; reports required.
Sec. 802. Technical data rights for items developed exclusively at private ex-
pense.
Sec. 803. Management of acquisition of mission-essential software for major de-
fense acquisition programs.
Sec. 804. Extension of waiver period for live-fire survivability testing for MH–
47E and MH–60K helicopter modification programs.
Sec. 805. Three-year extension of authority of Defense Advanced Research
Projects Agency to carry out certain prototype projects.
Sec. 806. Certification of major automated information systems as to compli-
ance with Clinger-Cohen Act.
Sec. 807. Limitations on procurement of certain items.
Sec. 808. Multiyear services contracts.
Sec. 809. Study on impact of foreign sourcing of systems on long-term military
readiness and related industrial infrastructure.
Sec. 810. Prohibition against use of Department of Defense funds to give or
withhold a preference to a marketer or vendor of firearms or
ammunition.
Sec. 811. Study and report on practice of contract bundling in military con-
struction contracts.
Sec. 812. Requirement to conduct study on contract bundling.
Sec. 813. Compliance with Buy American Act.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
Sec. 901. Change of title of certain positions in the Headquarters, Marine
Corps.
Sec. 902. Further reductions in defense acquisition and support workforce.
Sec. 903. Clarification of scope of inspector general authorities under military
whistleblower law.
Sec. 904. Report on number of personnel assigned to legislative liaison func-
tions.
Sec. 905. Joint report on establishment of national collaborative information
analysis capability.
Sec. 906. Organization and management of Civil Air Patrol.
Sec. 907. Report on Network Centric Warfare.
Sec. 908. Defense Institute for Hemispheric Security Cooperation.
Sec. 909. Department of Defense regional centers for security studies.
Sec. 910. Change in name of Armed Forces Staff College to Joint Forces Staff
College.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for fiscal
year 2000.
Sec. 1004. Contingent repeal of certain provisions shifting certain outlays from
one fiscal year to another.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations
for fiscal year 2001.
Sec. 1006. Requirement for plan to ensure compliance with financial manage-
ment requirements.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. National Defense Features Program.
Subtitle C—Counter-Drug Activities
Sec. 1021. Report on Department of Defense expenditures to support foreign
counter-drug activities.
Sec. 1022. Report on tethered aerostat radar system.
Subtitle D—Other Matters
Sec. 1031. Funds for administrative expenses under Defense Export Loan
Guarantee program.
Sec. 1032. Technical and clerical amendments.
Sec. 1033. Transfer of Vietnam era TA–4 aircraft to nonprofit foundation.
Sec. 1034. Transfer of 19th century cannon to museum.
Sec. 1035. Expenditures for declassification activities.
Sec. 1036. Authority to provide loan guarantees to improve domestic prepared-
ness to combat cyberterrorism.
Sec. 1037. V–22 cockpit aircraft voice and flight data recorders.
Sec. 1038. Additional weapons of mass destruction civil support teams.
Sec. 1039. Commission on the Future of the United States Aerospace Industry.
Sec. 1040. Sense of the Congress regarding information technology systems.
Sec. 1041. Assignment of members to assist Immigration and Naturalization
Service and Customs Service.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL
Sec. 1101. Employment and compensation provisions for employees of tem-
porary organizations established by law or Executive order.
Sec. 1102. Restructuring the restriction on degree training.
Sec. 1103. Continuation of tuition reimbursement and training for certain ac-
quisition personnel.
Sec. 1104. Extension of authority for civilian employees of the Department of
Defense to participate voluntarily in reductions in force.
Sec. 1105. Expansion of defense civilian intelligence personnel system positions.
Sec. 1106. Pilot program for reengineering the equal employment opportunity
complaint process.
Sec. 1107. Temporary authority regarding voluntary separation incentives and
early retirement for employees of the Department of the Air
Force.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities.
Sec. 1202. Annual report assessing effect of continued operations in the Bal-
kans region on readiness to execute the national military strat-
egy.
Sec. 1203. Situation in the Balkans.
Sec. 1204. Limitation on number of military personnel in Colombia.
Sec. 1205. Activities in Kosovo.
Sec. 1206. NATO fair burdensharing.
Sec. 1207. GAO study on value of United States military engagement in Eu-
rope.
Sec. 1208. Sense of the Congress regarding noncompliance with law regarding
oversight of communist Chinese military companies operating
in the United States.
Sec. 1209. Adjustment of composite theoretical performance levels of high per-
formance computers.
Sec. 1210. Prohibition on assumption by United States Government of liability
for nuclear accidents in North Korea.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH
STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional weapons.
Sec. 1304. Limitations on use of funds for fissile material storage facility.
Sec. 1305. Limitation on use of funds until submission of multiyear plan.
Sec. 1306. Russian nonstrategic nuclear arms.
Sec. 1307. Limitation on use of funds to support warhead dismantlement proc-
essing.
Sec. 1308. Agreement on nuclear weapons storage sites.
Sec. 1309. Prohibition on use of funds for construction of fossil fuel energy
plants.
Sec. 1310. Audits of Cooperative Threat Reduction programs.
Sec. 1311. Limitation on use of funds for prevention of biological weapons pro-
liferation in Russia.
TITLE XIV—COMMISSION TO ASSESS THE THREAT TO THE
UNITED 
STATES 
FROM 
ELECTROMAGNETIC 
PULSE
(EMP) ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Report.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
TITLE XV—LAND CONVEYANCE REGARDING VIEQUES
ISLAND, PUERTO RICO
Sec. 1501. Conveyance of naval ammunition support detachment, Vieques Is-
land.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 1999
project.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997 project at
Marine Corps Combat Development Command, Quantico, Vir-
ginia.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Revision of limitations on space by pay grade.
Sec. 2802. Leasing of military family housing, United States Southern Com-
mand, Miami, Florida.
Sec. 2803. Extension of alternative authority for acquisition and improvement
of military housing.
Sec. 2804. Expansion of definition of armory to include readiness centers.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Increase in threshold for notice and wait requirements for real prop-
erty transactions.
Sec. 2812. Enhancement of authority of military departments to lease non-ex-
cess property.
Sec. 2813. Conveyance authority regarding utility systems of military depart-
ments.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2834. Land conveyance, Fort Polk, Louisiana.
Sec. 2835. Land conveyance, Fort Pickett, Virginia.
Sec. 2836. Land conveyance, Fort Dix, New Jersey.
Sec. 2837. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2838. Land exchange, Fort Hood, Texas.
Sec. 2839. Land conveyance, Charles Melvin Price Support Center, Illinois.
Sec. 2840. Land conveyance, Army Reserve Local Training Center, Chat-
tanooga, Tennessee.
Sec. 2841. Land conveyance, Fort Riley Military Reservation, Kansas.
Sec. 2842. Land conveyances, Fort Vancouver Barracks, Vancouver, Wash-
ington.
PART II—NAVY CONVEYANCES
Sec. 2851. Modification of authority for Oxnard Harbor District, Port Hue-
neme, California, to use certain Navy property.
Sec. 2852. Modification of land conveyance, Marine Corps Air Station, El Toro,
California.
Sec. 2853. Transfer of jurisdiction, Marine Corps Air Station, Miramar, Cali-
fornia.
Sec. 2854. Lease of property, Marine Corps Air Station, Miramar, California.
Sec. 2855. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2856. Land exchange, Marine Corps Recruit Depot, San Diego, California.
Sec. 2857. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2858. Land conveyance, Naval Reserve Center, Tampa, Florida.
PART III—AIR FORCE CONVEYANCES
Sec. 2861. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2864. Land conveyance, Lowry Air Force Base, Colorado.
PART IV—OTHER CONVEYANCES
Sec. 2871. Conveyance of Army and Air Force Exchange Service property,
Farmers Branch, Texas.
Subtitle D—Other Matters
Sec. 2881. Relation of easement authority to leased parkland, Marine Corps
Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of fire, security, po-
lice, public works, and utility services from local government
agencies.
Sec. 2883. Establishment of World War II memorial on Guam.
Sec. 2884. Naming of Army missile testing range at Kwajalein Atoll as the
Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein
Atoll.
Sec. 2885. Designation of building at Fort Belvoir, Virginia, in honor of An-
drew T. McNamara.
Sec. 2886. Designation of Balboa Naval Hospital, San Diego, California, in
honor of Bob Wilson, a former Member of the House of Rep-
resentatives.
Sec. 2887. Sense of the Congress regarding importance of expansion of Na-
tional Training Center, Fort Irwin, California.
DIVISION C—DEPARTMENT OF ENERGY NA-
TIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense facilities closure projects.
Sec. 3105. Defense environmental management privatization.
Sec. 3106. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activi-
ties.
Sec. 3127. Availability of funds.
Sec. 3128. Transfers of defense environmental management funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Funding for termination costs for River Protection Project, Rich-
land, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security Adminis-
tration and Ballistic Missile Defense Organization.
Sec. 3133. Required contents of future-years nuclear security program to be
submitted with fiscal year 2002 budget and limitation on the
obligation of certain funds pending submission of that pro-
gram.
Sec. 3134. Limitation on obligation of certain funds.
Sec. 3135. Designation of River Protection Project, Richland, Washington.
Sec. 3136. Adjustment of composite theoretical performance levels for post-
shipment verification reports on advanced supercomputers sales
to certain foreign nations.
Sec. 3137. Employee incentives for employees at closure project facilities.
Sec. 3138. Sense of the Congress regarding compensation and health care for
personnel of the Department of Energy and its contractors and
vendors who have sustained beryllium, silica, and radiation-re-
lated injury.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Use of excess titanium sponge in the National Defense Stockpile to
manufacture Department of Defense equipment.
TITLE XXXIV—MARITIME ADMINISTRATION
Sec. 3401. Authorization of appropriations for fiscal year 2001.
Sec. 3402. Extension of period for disposal of obsolete vessels in the National
Defense Reserve Fleet.
Sec. 3403. Authority to convey National Defense Reserve Fleet vessel, GLA-
CIER.
Sec. 3404. Authority to convey offshore drill rig OCEAN STAR.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Army as follows:
(1) For aircraft, $1,542,762,000.
(2) For missiles, $1,367,681,000.
(3) For weapons and tracked combat vehicles,
$2,167,938,000.
(4) For ammunition, $1,199,323,000.
(5) For other procurement, $4,095,270,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2001 for procurement for the Navy
as follows:
(1) For aircraft, $8,205,758,000.
(2) For weapons, including missiles and tor-
pedoes, $1,562,250,000.
(3) 
For 
shipbuilding 
and 
conversion,
$11,981,968,000.
(4) For other procurement, $3,432,011,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2001 for procurement for
the Marine Corps in the amount of $1,254,735,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2001 for procurement of ammunition for the Navy and
the Marine Corps in the amount of $481,349,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $10,267,153,000.
(2) For missiles, $3,046,715,000.
(3) For ammunition, $638,808,000.
(4) For other procurement, $7,869,903,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
(a) AMOUNT AUTHORIZED.—Funds are hereby au-
thorized to be appropriated for fiscal year 2001 for De-
fense-wide procurement in the amount of $2,309,074,000.
(b) AMOUNT FOR NATIONAL MISSILE DEFENSE.—Of
the funds authorized to be appropriated in subsection (a),
$74,500,000 shall be available for the National Missile
Defense program.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Inspector General
of the Department of Defense in the amount of
$3,300,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fis-
cal year 2001 the amount of $877,100,000 for—
(1) the destruction of lethal chemical agents
and munitions in accordance with section 1412 of
the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the Department of Defense for pro-
and, acting as executive agent for the Department of the
Navy, CH–60 Knighthawk utility helicopters.
SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNK-
ER DEFEAT MUNITIONS THAT MAY BE AC-
QUIRED.
Section 116(2) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2862) is amended by striking ‘‘6,000’’ and inserting
‘‘8,500’’.
SEC. 113. ARMAMENT RETOOLING AND MANUFACTURING
SUPPORT INITIATIVE.
(a) EXPANSION
OF AUTHORITY.—The Armament
Retooling and Manufacturing Support Act of 1992 (sub-
title H of title I of Public Law 102–484; 10 U.S.C. 2501
note) is amended—
(1) in section 193—
(A) in subsection (a), by striking ‘‘2001’’
and inserting ‘‘2002’’; and
(B) by adding at the end the following new
subsection:
‘‘(d) INCLUSION OF MANUFACTURING ARSENALS.—
For purposes of this Act, a manufacturing arsenal of the
Department of the Army shall be treated as a Govern-
ment-owned, contractor-operated manufacturing facility of
the Department of the Army.’’; and
(2) in section 194—
(A) by striking subsection (a)(1) and in-
serting the following:
‘‘(1) to use the facility for any period of time
that the Secretary determines is appropriate for the
accomplishment of, and consistent with, the needs of
the Department of the Army and the purposes of the
ARMS Initiative; and’’; and
(B) by adding at the end the following new
subsection:
‘‘(c) AUTHORITY TO ACCEPT NON-MONETARY CON-
SIDERATION FOR USE OF FACILITIES.—The Secretary
may accept non-monetary consideration in lieu of rental
payments for use of a facility under a contract entered
into under this section.’’.
(b) REPORT.—Not later than July 1, 2001, the Sec-
retary of the Army shall submit to the congressional de-
fense committees a report on the progress of the imple-
mentation of the ARMS Initiative at manufacturing arse-
nals of the Department of the Army under the Armament
Retooling and Manufacturing Support Act of 1992 (as
amended by subsection (a)). The report shall contain a
comprehensive review of contracting at the manufacturing
arsenals of the Department of the Army and such rec-
ommendations as the Secretary considers appropriate.
Subtitle C—Navy Programs
SEC. 121. SUBMARINE FORCE STRUCTURE.
(a) 
LIMITATION
ON
RETIREMENT
OF
SUB-
MARINES.—The Secretary of Defense may not retire from
the active force structure of the Navy any Los Angeles
class nuclear-powered attack submarine (SSN) which has
less than 30 years of active service.
(b) REPORT.—Not later than April 15, 2001, the
President shall submit to Congress a report on the re-
quired force structure for nuclear-powered submarines, in-
cluding attack submarines (SSNs), ballistic missile sub-
marines 
(SSBNs), 
and 
cruise 
missile 
submarines
(SSGNs), to support the national military strategy
through 2020. The report shall include a detailed discus-
sion of the acquisition strategy and fleet maintenance re-
quirements to achieve and maintain that force structure
through—
(1) the procurement of new construction sub-
marines;
(2) the refueling of Los Angeles class attack
submarines (SSNs) to achieve the maximum amount
of operational useful service; and
(3) the conversion of Ohio class submarines
that are no longer required for the strategic deter-
rence mission from their current ballistic missile
(SSBN) configuration to a cruise-missile (SSGN)
configuration.
SEC. 122. VIRGINIA CLASS SUBMARINE PROGRAM.
(a) CONTRACT AUTHORITY.—The Secretary of the
Navy is authorized to enter into a contract or contracts
for the procurement of five Virginia class submarines dur-
ing fiscal years 2003 through 2006. Any such contract
shall provide that any obligation of the United States to
make payments under the contract is subject to the avail-
ability of funds provided in advance in appropriations
Acts. The submarines authorized to be procured under
this subsection are in addition to the submarines author-
ized under section 121(b) of the National Defense Author-
ization Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 1648).
(b) SHIPBUILDER TEAMING.—Paragraphs (2)(A),
(3), and (4) of section 121(b) of National Defense Author-
ization Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 1648) apply to the procurement of submarines under
this section.
(c) LIMITATION OF LIABILITY.—If a contract entered
into under this section is terminated, the United States
shall not be liable for termination costs in excess of the
total amount appropriated for the Virginia class sub-
marine program.
SEC. 123. RETENTION OF CONFIGURATION OF CERTAIN
NAVAL RESERVE FRIGATES.
For each FFG–7 class frigate produced in Flight I
or Flight II of that class that is commissioned in active
service, the Secretary of the Navy shall, for so long as
the vessel remains commissioned in active service—
(1) provide for the vessel to be configured and
equipped with the complete organic weapons system
capability for that vessel, as specified in the Navy’s
Operational Requirements Document; and
(2) retain those operational assets that are inte-
gral to the FFG–7 weapons system in their current
(as of the enactment of this Act) locations in order
to avoid disruption of established training and oper-
ational cycles.
SEC. 124. EXTENSION OF MULTIYEAR PROCUREMENT AU-
THORITY FOR ARLEIGH BURKE CLASS DE-
STROYERS.
(a) AUTHORITY FOR ADDITIONAL MULTIYEAR PRO-
CUREMENT.—Section 122(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2446), as amended by section 122(a) of
the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106–65; 113 Stat. 534), is amended—
(1) in the first sentence, by striking ‘‘18
Arleigh Burke class destroyers’’ and all that follows
through ‘‘2003’’ and inserting ‘‘Arleigh Burke class
destroyers’’; and
(2) by inserting after the first sentence the fol-
lowing new sentence: ‘‘Vessels authorized under this
subsection shall be acquired at a procurement rate
of three ships per year in each of fiscal years 1998
through 2001 and up to three ships per year in each
of fiscal years 2002 through 2005.’’.
(b) CLERICAL AMENDMENT.—The heading for such
subsection is amended by striking ‘‘OF 18 VESSELS’’.
SEC. 125. ECONOMIC ANALYSIS OF CERTAIN SHIPBUILDING
PROGRAMS.
(a) ECONOMIC ANALYSIS.—The Secretary of De-
fense, in consultation with the Secretary of the Navy, shall
conduct an economic analysis on the potential benefits and
costs associated with full funding, and with alternative
funding mechanisms, for the procurement of large avia-
tion-capable naval vessels beginning in fiscal year 2002.
(b) COVERED VESSEL CLASSES.—For purposes of
this section, the term ‘‘large aviation-capable naval vessel’’
means the following classes of vessel:
(1) The CVN(X) class aircraft carrier.
(2) The LHD and LHA replacement class am-
phibious assault ships.
(c) REPORT.—The Secretary shall submit to the con-
gressional defense committees a report detailing the re-
sults of the economic analysis under subsection (a). The
report shall be submitted concurrently with the submission
of the President’s Budget for fiscal year 2002, but in no
event later than February 5, 2001. The report shall in-
clude the following:
(1) A detailed description of the funding mecha-
nisms considered.
(2) The potential savings or costs associated
with each such funding mechanism.
(3) The year-to-year effect of each such funding
mechanism on production stability of other ship-
building programs funded within the Shipbuilding
and Conversion, Navy, account, given the current ac-
quisition plan of the Navy for the large aviation-ca-
pable ships and other shipbuilding programs through
fiscal year 2010.
(4) A description and discussion of any statu-
tory or regulatory restrictions that would preclude
the use of any of the funding mechanisms consid-
ered.
Subtitle D—Air Force Programs
SEC. 131. ANNUAL REPORT ON OPERATIONAL STATUS OF
B–2 BOMBER.
(a) IN GENERAL.—(1) Chapter 136 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2282. B–2 bomber: annual report on operational
status
‘‘Not later than March 1 of each year, the Secretary
of Defense shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services
of the House of Representatives a report on the oper-
ational status of the B–2 bomber. Each such report shall
include the following:
‘‘(1) An assessment as to whether the B–2 air-
craft has a high probability of being able to perform
its intended missions.
‘‘(2) Identification of all planned or ongoing de-
velopment of technologies to enhance B–2 aircraft
capabilities for which funds are programmed in the
future years defense program and an assessment as
to whether those technologies—
‘‘(A) are consistent with the Air Force
bomber roadmap in effect at the time of the re-
port;
‘‘(B) are consistent with the recommenda-
tions of the report of the Long-Range Air
Power panel established by section 8131 of the
Department of Defense Appropriations Act,
1998 (Public Law 105–56); and
‘‘(C) will be sufficient to assure that the
B–2 aircraft will have a high probability of
being able to perform its intended missions in
the future.
‘‘(3) Definition of any additional technology de-
velopment required to assure that the B–2 aircraft
will retain a high probability of being able to per-
form its intended missions and an estimate of the
funding required to develop those additional tech-
nologies.
‘‘(4) An assessment as to whether the tech-
nologies identified pursuant to paragraph (2) are
adequately funded in the budget request for the next
fiscal year and whether funds have been identified
throughout the future years defense program to con-
tinue those technology developments at an adequate
level.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2282. B–2 bomber: annual report on operational status.’’.
(b) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENT.—Section 112 of the National Defense Authoriza-
tion Act for Fiscal Years 1990 and 1991 (Public Law
101–189) is repealed.
SEC. 132. KC–135E REENGINING KITS.
Of the amount provided in section 103(1) for pro-
curement of aircraft for the Air Force, the amount of
$52,000,000 provided for two reengining kits for KC–
135E modifications shall be available for the Air Force
Reserve Command.
Subtitle E—Joint Programs
SEC. 141. STUDY OF PRODUCTION ALTERNATIVES FOR THE
JOINT STRIKE FIGHTER PROGRAM.
(a) REPORT REQUIRED.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report providing
the results of a study of production alternatives for the
Joint Strike Fighter aircraft program and the effects on
the tactical fighter aircraft industrial base of each alter-
native considered.
(b) MATTERS TO BE INCLUDED.—The report under
subsection (a) shall include the following:
(1) Examination of alternative production strat-
egies for the program, including—
(A) production of all aircraft under the
program at one location;
(B) production at dual locations; and
(C) production at multiple locations using
facilities of the existing bomber and fighter air-
craft production base.
(2) Identification of each major Government or
industry facility that is a potential location for pro-
duction of such aircraft.
(3) Identification of the anticipated costs of
production of that aircraft at each facility identified
pursuant to paragraph (2) under each of the alter-
native production strategies examined pursuant to
paragraph (1), based upon a reasonable profile for
the annual procurement of that aircraft once it en-
ters production.
(4) A comparison, for each such production
strategy, of the anticipated costs of carrying out
production of that aircraft at each such location
with the costs of carrying out such production at
each of the other such locations.
(c) COST COMPARISON.—In identifying costs under
subsection (b)(3) and carrying out the cost comparisons
required by subsection (b)(4), the Secretary shall include
consideration of each of the following factors:
(1) State tax credits.
(2) State and local incentives.
(3) Skilled resident workforce.
(4) Supplier and technical support bases.
(5) Available stealth production facilities.
(6) Environmental standards.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the use of the Department of Defense
for research, development, test, and evaluation as follows:
(1) For the Army, $5,500,246,000.
(2) For the Navy, $8,834,477,000.
(3) For the Air Force, $13,677,108,000.
(4) 
For 
Defense-wide 
activities,
$11,297,323,000, of which $219,560,000 is author-
ized for Operational Test and Evaluation, Defense.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 2001.—Of the amounts authorized
to be appropriated by section 201, $4,435,354,000 shall
be available for basic research and applied research
projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DE-
FINED.—For purposes of this section, the term ‘‘basic re-
search and applied research’’ means work funded in pro-
gram elements for defense research and development
under Department of Defense category 6.1 or 6.2.
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
SEC. 211. HIGH ENERGY LASER PROGRAMS.
(a) FUNDING FOR FISCAL YEAR 2001.—(1) Of the
amount authorized to be appropriated by section 201(4),
$30,000,000 is authorized for high energy laser develop-
ment.
(2) Funds available under this section are available
to supplement the high energy laser programs of the mili-
tary departments and Defense Agencies, as determined by
the official designated under subsection (b).
(b) DESIGNATION OF OFFICIAL FOR HIGH ENERGY
LASER PROGRAMS.—(1) The Secretary of Defense shall
designate a senior civilian official in the Office of the Sec-
retary of Defense (in this section referred to as the ‘‘des-
ignated official’’) to carry out responsibilities for the pro-
grams for which funds are provided under this section.
The designated official shall report directly to the Under
Secretary of Defense for Acquisition, Technology, and Lo-
gistics for matters concerning the responsibilities specified
in paragraph (2).
(2) The primary responsibilities of the designated of-
ficial shall include the following:
(A) Establishment of priorities for the high en-
ergy laser programs of the military departments and
the Defense Agencies.
(B) Coordination of high energy laser programs
among the military departments and the Defense
Agencies.
(C) Identification of promising high energy
laser technologies for which funding should be a
high priority for the Department of Defense and es-
tablishment of priority for funding among those
technologies.
(D) Preparation, in coordination with the Sec-
retaries of the military departments and the Direc-
tors of the Defense Agencies, of a detailed tech-
nology plan to develop and mature high energy laser
technologies.
(E) Planning and programming appropriate to
rapid evolution of high energy laser technology.
(F) Ensuring that high energy laser programs
of each military department and the Defense Agen-
cies are initiated and managed effectively and are
complementary with programs managed by the other
military departments and Defense Agencies and by
the Office of the Secretary of Defense.
(G) Ensuring that the high energy laser pro-
grams of the military department and the Defense
Agencies comply with the requirements specified in
subsection (c).
(c) COORDINATION
AND FUNDING BALANCE.—In
carrying out the responsibilities specified in subsection
(b)(2), the designated official shall ensure that—
(1) high energy laser programs of each military
department and of the Defense Agencies are con-
sistent with the priorities identified in the designated
official’s planning and programming activities;
(2) funding provided by the Office of the Sec-
retary of Defense for high energy laser research and
development complements high energy laser pro-
grams for which funds are provided by the military
departments and the Defense Agencies;
(3) beginning with fiscal year 2002, funding
from the Office of the Secretary of Defense in ap-
plied research and advanced technology development
program elements is not applied to technology ef-
forts in support of high energy laser programs that
are not funded by a military department or the De-
fense Agencies; and
(4) funding from the Office of the Secretary of
Defense to complement an applied research or ad-
vanced technology development high energy laser
program for which funds are provided by one of the
military departments or the Defense Agencies do not
exceed the amount provided by the military depart-
ment or the Defense Agencies for that program.
(d) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) the Department of Defense should establish
funding for high energy laser programs within the
science and technology programs of each of the mili-
tary departments and the Ballistic Missile Defense
Organization; and
(2) the Secretary of Defense should establish a
goal that basic, applied, and advanced research in
high energy laser technology should constitute at
least 4.5 percent of the total science and technology
budget of the Department of Defense by fiscal year
2004.
(e) INTERAGENCY MEMORANDUM OF AGREEMENT.—
(1) The Secretary of Defense and the Administrator for
Nuclear Security of the Department of Energy shall enter
into a memorandum of agreement to conduct joint re-
search and development on military applications of high
energy lasers.
(2) The projects pursued under the memorandum of
agreement—
(A) shall be of mutual benefit to the national
security programs of the Department of Defense and
the National Nuclear Security Administration of the
Department of Energy;
(B) shall be prioritized jointly by officials des-
ignated to do so by the Secretary of Defense and the
Administrator; and
(C) shall be consistent with the technology plan
prepared pursuant to subsection (b)(2) and the re-
quirements identified in subsection (c).
(3) Costs of each project pursued under the memo-
randum of agreement shall be shared equally by the De-
partment of Defense and the National Nuclear Security
Administration.
(4) The memorandum of agreement shall provide for
appropriate peer review of projects pursued under the
memorandum of agreement.
(f) TECHNOLOGY PLAN.—The designated official
shall submit to the congressional defense committees by
February 15 of each fiscal year the technology plan pre-
pared pursuant to subsection (b)(2). The report shall be
submitted in unclassified and, if necessary, classified form.
(g) ANNUAL REPORT.—Not later than February 15
of 2001, 2002, and 2003, the Secretary of Defense shall
submit to the congressional defense committees a report
on high energy laser programs of the Department of De-
fense. Each report shall include an assessment of the fol-
lowing:
(1) The adequacy of the management structure
of the Department of Defense for high energy laser
programs.
(2) The funding available for high energy laser
programs.
(3) The technical progress achieved for high en-
ergy laser programs.
(4) The extent to which goals and objectives of
the high energy laser technology plan have been met.
(h) DEFINITION.—For purposes of this section, the
term ‘‘high energy laser’’ means a laser that has average
power in excess of one kilowatt and that has potential
weapons applications.
SEC. 212. MANAGEMENT OF SPACE-BASED INFRARED SYS-
TEM—LOW.
The Secretary of Defense shall direct that the Direc-
tor of the Ballistic Missile Defense Organization shall have
authority for program management for the ballistic missile
defense program known on the date of the enactment of
this Act as the Space-Based Infrared System—Low.
SEC. 213. JOINT STRIKE FIGHTER.
The Joint Strike Fighter program may not be ap-
proved for entry into the Engineering and Manufacturing
Development (EMD) stage of the acquisition process until
the Secretary of Defense certifies to the congressional de-
fense committees that the technological maturity of key
technologies for the program is sufficient to warrant entry
of the program into the Engineering and Manufacturing
Development stage.
Subtitle C—Ballistic Missile
Defense
SEC. 231. FUNDING FOR FISCAL YEAR 2001.
Of the funds authorized to be appropriated in section
201(4), $2,066,200,000 shall be available for the National
Missile Defense program.
SEC. 232. SENSE OF THE CONGRESS CONCERNING COMMIT-
MENT TO DEPLOYMENT OF NATIONAL MIS-
SILE DEFENSE SYSTEM.
(a) STATEMENT OF POLICY.—Congress reaffirms the
policy of the United States declared in the National Mis-
sile Defense Act of 1999 (Public Law 106–38, signed into
law by the President on July 22, 1999).
(b) FINDINGS.—Congress makes the following find-
ings:
(1) An effective National Missile Defense sys-
tem is technologically feasible.
(2) Hostile ‘‘rogue’’ nations are capable of pos-
ing missile threats the United States which justify
deployment of a National Missile Defense system.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the action of the President in signing the
National Missile Defense Act of 1999 entails a commit-
ment by the President to execute the policy declared in
that Act.
SEC. 233. REPORTS ON BALLISTIC MISSILE THREAT POSED
BY NORTH KOREA.
(a) REPORT ON BALLISTIC MISSILE THREAT.—Not
later than 2 weeks after the next flight test by North
Korea of a long-range ballistic missile, or 60 days after
the date of the enactment of this Act, whichever is sooner,
the President shall submit to Congress, in classified and
unclassified form, a report on the North Korean ballistic
missile threat to the United States. The report shall in-
clude the following:
(1) An assessment of the current North Korean
missile threat to the United States.
(2) An assessment of whether the United States
is capable of defeating the North Korean long-range
missile threat to the United States as of the date of
the report.
(3) An assessment of when the United States
will be capable of defeating the North Korean mis-
sile threat to the United States.
(4) An assessment of the potential for prolifera-
tion of North Korean missile technologies to other
states and whether such proliferation will accelerate
the development of additional long-range ballistic
missile threats to the United States.
(b) REPORT ON REDUCING VULNERABILITY.—Not
later than 2 weeks after the next flight test by North
Korea of a long-range ballistic missile, the President shall
submit to Congress a report providing the following:
(1) Any additional steps the President intends
to take to reduce the period of time during which
the Nation is vulnerable to the North Korean long-
range ballistic missile threat.
(2) The technical and programmatic viability of
testing any other missile defense systems against
targets with flight characteristics similar to the
North Korean long-range missile threat, and plans
to do so if such tests are considered to be a viable
alternative.
(c) DEFINITION.—For purposes of this section, the
term ‘‘United States’’, when used in a geographic sense,
means the 50 States, the District of Columbia, and any
Commonwealth, territory, or possession of the United
States.
SEC. 234. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE
ARCHITECTURE TO COVER INTERMEDIATE-
RANGE BALLISTIC MISSILE THREATS.
(a) PLAN.—The Director of the Ballistic Missile De-
fense Organization shall develop a plan to adapt ballistic
missile defense systems and architectures to counter po-
tential threats to the United States, United States forces
deployed outside the United States, and other United
States national security interests that are posed by bal-
listic missiles with ranges of 1,500 to 2,500 miles.
(b) USE OF SPACE-BASED SENSORS INCLUDED.—
The plan shall include—
(1) potential use of space-based sensors, includ-
ing the SBIRS Low and SBIRS High systems, Navy
theater missile defense assets, upgrades of land-
based theater missile defenses, the airborne laser,
and other assets available in the European theater;
and
(2) a schedule for ground and flight testing
against the identified threats.
(c) REPORT.—The Secretary of Defense shall assess
the plan and, not later than February 15, 2001, shall sub-
mit to the congressional defense committees a report on
the results of the assessment.
SEC. 235. DESIGNATION OF AIRBORNE LASER PROGRAM AS
A PROGRAM ELEMENT OF BALLISTIC MIS-
SILE DEFENSE PROGRAM.
Section 223(a) of title 10, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(13) Airborne Laser program.’’.
Subtitle D—Other Matters
SEC. 241. RECOGNITION OF THOSE INDIVIDUALS INSTRU-
MENTAL 
TO 
NAVAL 
RESEARCH 
EFFORTS
DURING THE PERIOD FROM BEFORE WORLD
WAR II THROUGH THE END OF THE COLD
WAR.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The contributions of the Nation’s scientific
community and of science research to the victory of
the United States and its allies in World War II re-
sulted in the understanding that science and tech-
nology are of critical importance to the future secu-
rity of the Nation.
(2) Academic institutions and oceanographers
provided vital support to the Navy and the Marine
Corps during World War II.
(3) Congress created the Office of Naval Re-
search in the Department of the Navy in 1946 to
ensure the availability of resources for research in
oceanography and other fields related to the mis-
sions of the Navy and Marine Corps.
(4) The Office of Naval Research of the De-
partment of the Navy, in addition to its support of
naval research within the Federal Government, has
also supported the conduct of oceanographic and sci-
entific research through partnerships with edu-
cational and scientific institutions throughout the
Nation.
(5) These partnerships have long been recog-
nized as among the most innovative and productive
research partnerships ever established by the Fed-
eral Government and have resulted in a vast im-
provement in understanding of basic ocean processes
and the development of new technologies critical to
the security and defense of the Nation.
(b) CONGRESSIONAL RECOGNITION AND APPRECIA-
TION.—Congress—
(1) applauds the commitment and dedication of
the officers, scientists, researchers, students, and ad-
ministrators who were instrumental to the program
of partnerships for oceanographic and scientific re-
search between the Federal Government and aca-
demic institutions, including those individuals who
helped forge that program before World War II, im-
plement it during World War II, and improve it
throughout the Cold War;
(2) recognizes that the Nation, in ultimately
prevailing in the Cold War, relied to a significant ex-
tent on research supported by, and technologies de-
veloped through, those partnerships and, in par-
ticular, on the superior understanding of the ocean
environment generated through that research;
(3) supports efforts by the Secretary of the
Navy and the Chief of Naval Research to honor
those individuals, who contributed so greatly and un-
selfishly to the naval mission and the national de-
fense, through those partnerships during the period
beginning before World War II and continuing
through the end of the Cold War; and
(4) expresses appreciation for the ongoing ef-
forts of the Office of Naval Research to support
oceanographic and scientific research and the devel-
opment of researchers in those fields, to ensure that
such partnerships will continue to make important
contributions to the defense and the general welfare
of the Nation.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $19,492,617,000.
(2) For the Navy, $23,321,809,000.
(3) For the Marine Corps, $2,851,678,000.
(4) For the Air Force, $22,351,164,000.
(5) 
For 
Defense-wide 
activities,
$11,673,852,000.
(6) For the Army Reserve, $1,565,918,000.
(7) For the Naval Reserve, $967,646,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$150,469,000.
(9) For the Air Force Reserve, $1,890,859,000.
(10) 
For 
the 
Army 
National 
Guard,
$3,236,835,000.
(11) 
For 
the 
Air 
National 
Guard,
$3,461,875,000.
(12) For the Defense Inspector General,
$144,245,000.
(13) For the United States Court of Appeals
for the Armed Forces, $8,574,000.
(14) For Environmental Restoration, Army,
$389,932,000.
(15) For Environmental Restoration, Navy,
$294,038,000.
(16) For Environmental Restoration, Air Force,
$376,300,000.
(17) For Environmental Restoration, Defense-
wide, $23,412,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $186,499,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $55,800,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $841,500,000.
(21) For the Kaho’olawe Island Conveyance,
Remediation, and Environmental Restoration Trust
Fund, $25,000,000.
(22) 
For 
Defense 
Health 
Program,
$11,571,523,000.
(23) For Cooperative Threat Reduction pro-
grams, $433,400,000.
(24) For Overseas Contingency Operations
Transfer Fund, $4,100,577,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$916,276,000.
(2) For the National Defense Sealift Fund,
$737,109,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 2001 from the Armed Forces Retirement Home
Trust Fund the sum of $69,832,000 for the operation of
the Armed Forces Retirement Home, including the United
States Soldiers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided
in appropriations Acts, not more than $150,000,000 is au-
thorized to be transferred from the National Defense
Stockpile Transaction Fund to operation and maintenance
accounts for fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for
the same purposes and the same period as, the
amounts in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section
1001.
Subtitle B—Environmental
Provisions
SEC. 311. PAYMENT OF FINES AND PENALTIES IMPOSED
FOR ENVIRONMENTAL VIOLATIONS.
(a) ARMY VIOLATIONS.—Using amounts authorized
to be appropriated by section 301(1) for operation and
maintenance for the Army, the Secretary of the Army may
pay the following amounts in connection with environ-
mental violations at the following locations:
(1) $993,000 for Walter Reed Army Medical
Center, Washington, D.C., in satisfaction of a fine
imposed by Region 3 of the Environmental Protec-
tion Agency for a supplemental environmental
project.
(2) $377,250 for Fort Campbell, Kentucky, in
satisfaction of a fine imposed by Region 4 of the En-
vironmental Protection Agency for a supplemental
environmental project.
(3) $20,701 for Fort Gordon, Georgia, in satis-
faction of a fine imposed by the State of Georgia for
a supplemental environmental project.
(4) $78,500 for Pueblo Chemical Depot, Colo-
rado, in satisfaction of a fine imposed by the State
of Colorado for supplemental environmental projects.
(5) $20,000 for Deseret Chemical Depot, Utah,
in satisfaction of a fine imposed by the State of
Utah for a supplemental environmental project.
(b) NAVY VIOLATIONS.—Using amounts authorized
to be appropriated by section 301(2) for operation and
maintenance for the Navy, the Secretary of the Navy may
pay not more than the following amounts in connection
with environmental violations at the following military in-
stallations:
(1) $108,800 for Allegany Ballistics Labora-
tory, West Virginia, in satisfaction of a penalty im-
posed by the West Virginia Division of Environ-
mental Protection.
(2) $5,000 for Naval Air Station, Corpus Chris-
ti, Texas, in satisfaction of a penalty imposed by Re-
gion 6 of the Environmental Protection Agency.
(c) REDUCTION IN PAYMENT AMOUNTS.—An amount
specified in subsection (a) or (b) as the authorized pay-
ment for an environmental violation shall be reduced to
reflect any amounts previously paid by the Secretary con-
cerned in connection with that violation.
SEC. 312. NECESSITY OF MILITARY LOW-LEVEL FLIGHT
TRAINING TO PROTECT NATIONAL SECURITY
AND ENHANCE MILITARY READINESS.
(a) NECESSITY OF CURRENT TRAINING ROUTES AND
AREAS.—The environmental impact statements completed
as of the date of the enactment of this Act for each special
use airspace designated by a military department for the
performance of low-level training flights, including each
military training route, slow speed route, military oper-
ations area, restricted area, or low altitude tactical naviga-
tion area, are deemed to satisfy the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and regulations implementing such law for
such special use airspace and the use of such special use
airspace established in such environmental impact state-
ments.
(b) PROTECTING FUTURE FLEXIBILITY FOR LOW-
LEVEL FLIGHT TRAINING.—On and after the date of the
enactment of this Act, a proposal by a military department
to establish or to expand or otherwise modify a special
use airspace for low-level training flights shall be consid-
ered separately to determine whether the proposal is a
major Federal action significantly affecting the quality of
the human environment for purposes of the National Envi-
ronmental Policy Act of 1969.
SEC. 313. USE OF ENVIRONMENTAL RESTORATION AC-
COUNTS TO RELOCATE ACTIVITIES FROM DE-
FENSE 
ENVIRONMENTAL 
RESTORATION
SITES.
Subsection (b) of section 2703 of title 10, United
States Code, is amended to read as follows:
‘‘(b) OBLIGATION OF AUTHORIZED AMOUNTS.—(1)
Funds authorized for deposit in an account under sub-
section (a) may be obligated or expended from the account
only—
‘‘(A) to carry out the environmental restoration
functions of the Secretary of Defense and the Secre-
taries of the military departments under this chapter
and under any other provision of law; and
‘‘(B) to relocate activities from defense sites, in-
cluding sites formerly used by the Department of
Defense that are released from Federal Government
control, at which the Secretary is responsible for en-
vironmental restoration functions.
‘‘(2) The authority provided by paragraph (1)(B) ex-
pires September 30, 2003. Not more than 5 percent of
the funds deposited in an account under subsection (a)
for a fiscal year may be used for activities under para-
graph (1)(B).
‘‘(3) If relocation assistance under paragraph (1)(B)
is to be provided with respect to a site formerly used by
the Department of Defense, but now released from Fed-
eral Government control, the Secretary of Defense or the
Secretary of the military department concerned may use
only fund transfer mechanisms otherwise available to the
Secretary. The Secretary may not provide assistance
under such paragraph for permanent relocation from the
affected site unless the Secretary determines that perma-
nent relocation is the most cost effective method of dealing
with the activities located at the affected site and notifies
the Congress of the determination before providing the as-
sistance.
‘‘(4) Funds authorized for deposit in an account
under subsection (a) shall remain available until ex-
pended.’’.
SEC. 314. FINDINGS AND SENSE OF THE CONGRESS RE-
GARDING 
ENVIRONMENTAL 
RESTORATION
OF 
FORMER 
DEFENSE 
MANUFACTURING
SITE, SANTA CLARITA, CALIFORNIA.
(a) FINDINGS.—The Congress finds the following:
(1) A former private sector munitions plant
may have demonstratively impacted the environment
of a 1,000-acre site in Santa Clarita, California.
(2) Munitions and rocket propellant manufac-
tured at this site for over 60 years may have con-
tributed to various contaminants including, but not
limited to, perchlorates and various volatile organic
compounds.
(3) The munitions plant used materials and
production methods in support of purchase orders
from the Department of Defense to meet the na-
tional security interests of the United States at the
time.
(4) The Santa Clarita site serves a unique role
in the future of the community and is the corner-
stone to many public benefits, including reduction in
transportation congestion, access to much-needed
schools, future local government centers, assurance
of quality drinking water, more than 400 acres of
public space, and affordable housing.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) every effort should be made to apply all
known public and private sector innovative tech-
nologies to restore the Santa Clarita site to produc-
tive use; and
(2) the experience gained from this site by the
private and public sector partnerships has the poten-
tial to pay dividends many times over.
Subtitle C—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 321. USE OF APPROPRIATED FUNDS TO COVER OPER-
ATING EXPENSES OF COMMISSARY STORES.
(a) IN GENERAL.—(1) Section 2484 of title 10,
United States Code, is amended to read as follows:
‘‘§ 2484. Commissary stores: use of appropriated
funds to cover operating expenses
‘‘(a) OPERATION OF AGENCY AND SYSTEM.—Except
as otherwise provided in this title, the operation of the
Defense Commissary Agency and the defense commissary
system may be funded using such amounts as are appro-
priated for such purpose.
‘‘(b) 
OPERATING
EXPENSES
OF
COMMISSARY
STORES.—Appropriated funds may be used to cover the
expenses of operating commissary stores and central prod-
uct processing facilities of the defense commissary system.
For purposes of this subsection, operating expenses in-
clude the following:
‘‘(1) Salaries of employees of the United States,
host nations, and contractors supporting commissary
store operations.
‘‘(2) Utilities.
‘‘(3) Communications.
‘‘(4) Operating supplies and services.
‘‘(5) Second destination transportation costs
within or outside the United States.
‘‘(6) Any cost associated with above-store level
management or other indirect support of a com-
missary store or a central product processing facil-
ity, including equipment maintenance and informa-
tion technology costs.’’.
(2) The table of sections at the beginning of chapter
147 of such title is amended by striking the item relating
to section 2484 and inserting the following new item:
‘‘2484. Commissary stores: use of appropriated funds to cover operating ex-
penses.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2001.
SEC. 322. ADJUSTMENT OF SALES PRICES OF COMMISSARY
STORE GOODS AND SERVICES TO COVER
CERTAIN EXPENSES.
(a) ADJUSTMENT REQUIRED.—Section 2486 of title
10, United States Code, is amended—
(1) in subsection (c), by striking ‘‘section 2484(b) or’’
and inserting ‘‘subsection (d) or section’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘sections
2484 and’’ and inserting ‘‘section’’; and
(B) by adding at the end the following new
paragraph:
‘‘(3) The sales price of merchandise and services sold
in, at, or by commissary stores shall be adjusted to cover
the following:
‘‘(A) The cost of first destination commercial
transportation of the merchandise in the United
States to the place of sale.
‘‘(B) The actual or estimated cost of shrinkage,
spoilage, and pilferage of merchandise under the
control of commissary stores.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2001.
SEC. 323. USE OF SURCHARGES FOR CONSTRUCTION AND
IMPROVEMENT OF COMMISSARY STORES.
(a) EXPANSION OF AUTHORIZED USES.—Subsection
(b) of section 2685 of title 10, United States Code, is
amended to read as follows:
‘‘(b) USE FOR CONSTRUCTION, REPAIR, IMPROVE-
MENT, AND MAINTENANCE.—(1) The Secretary of De-
fense may use the proceeds from the adjustments or sur-
charges authorized by subsection (a) only—
‘‘(A) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, main-
tain, and equip the physical infrastructure of com-
missary stores and central product processing facili-
ties of the defense commissary system; and
‘‘(B) to cover environmental evaluation and
construction costs, including surveys, administration,
overhead, planning, and design, related to activities
described in paragraph (1).
‘‘(2) In paragraph (1), the term ‘physical infrastruc-
ture’ includes real property, utilities, and equipment (in-
stalled and free standing and including computer equip-
ment), necessary to provide a complete and usable com-
missary store or central product processing facility.’’.
(b) AUTHORITY OF SECRETARY OF DEFENSE.—Such
section is further amended—
(1) in subsection (a), by striking ‘‘Secretary of
a military department, under regulations established
by him and approved by the Secretary of Defense,’’
and inserting ‘‘Secretary of Defense’’;
(2) in subsection (c)—
(A) by striking ‘‘Secretary of a military de-
partment, with the approval of the Secretary of
Defense and’’ and inserting ‘‘Secretary of De-
fense, with the approval of’’; and
(B) by striking ‘‘Secretary of the military
department determines’’ and inserting ‘‘Sec-
retary determines’’; and
(3) in subsection (d), by striking ‘‘Secretary of
a military department’’ and inserting ‘‘Secretary of
Defense’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 2001.
SEC. 324. INCLUSION OF MAGAZINES AND OTHER PERIODI-
CALS AS AN AUTHORIZED COMMISSARY MER-
CHANDISE CATEGORY.
(a) ADDITIONAL
AUTHORIZED
CATEGORY.—Sub-
section (b) of section 2486 of title 10, United States Code,
is amended—
(1) by redesignating paragraph (11) as para-
graph (12); and
(2) by inserting after paragraph (10) the fol-
lowing new paragraph:
‘‘(11) Magazines and other periodicals.’’.
(b) CONFORMING AMENDMENTS.—Subsection (f) of
such section is amended—
(1) by striking ‘‘(1)’’ before ‘‘Notwithstanding’’;
(2) by striking ‘‘items in the merchandise cat-
egories specified in paragraph (2)’’ and inserting
‘‘tobacco products’’; and
(3) by striking paragraph (2).
SEC. 325. USE OF MOST ECONOMICAL DISTRIBUTION METH-
OD FOR DISTILLED SPIRITS.
Section 2488(c) of title 10, United States Code, is
amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as para-
graph (2).
SEC. 326. REPORT ON EFFECTS OF AVAILABILITY OF SLOT
MACHINES ON UNITED STATES MILITARY IN-
STALLATIONS OVERSEAS.
(a) REPORT REQUIRED.—Not later than March 31,
2001, the Secretary of Defense shall submit to Congress
a report evaluating the effect that the ready availability
of slot machines as a morale, welfare, and recreation activ-
ity on United States military installations outside of the
United States has on members of the Armed Forces, their
dependents, and other persons who use such slot ma-
chines, the morale of military communities overseas, and
the personal financial stability of members of the Armed
Forces.
(b) MATTERS TO BE INCLUDED.—The Secretary
shall include in the report—
(1) an estimate of the number of persons who
used such slot machines during the preceding 2
years and, of such persons, the percentage who were
enlisted members (shown both in the aggregate and
by pay grade), officers (shown both in the aggregate
and by pay grade), Department of Defense civilians,
other United States persons, and foreign nationals;
(2) to the extent feasible, information with re-
spect to military personnel referred to in paragraph
(1) showing the number (as a percentage and by pay
grade) who have—
(A) sought financial services counseling at
least partially due to the use of such slot ma-
chines;
(B) qualified for Government financial as-
sistance at least partially due to the use of such
slot machines; or
(C) had a personal check returned for in-
sufficient funds or received any other non-
payment notification from a creditor at least
partially due to the use of such slot machines;
and
(3) to the extent feasible, information with re-
spect to the average amount expended by each cat-
egory of persons referred to in paragraph (1) in
using such slot machines per visit, to be shown by
pay grade in the case of military personnel.
Subtitle D—Performance of Func-
tions by Private-Sector Sources
SEC. 331. INCLUSION OF ADDITIONAL INFORMATION IN RE-
PORTS TO CONGRESS REQUIRED BEFORE
CONVERSION OF COMMERCIAL OR INDUS-
TRIAL TYPE FUNCTIONS TO CONTRACTOR
PERFORMANCE.
(a) INFORMATION REQUIRED BEFORE COMMENCE-
MENT OF CONVERSION ANALYSIS.—Subsection (b)(1)(D)
of section 2461 of title 10, United States Code, is amend-
ed by inserting before the period the following: ‘‘, and a
certification that funds are specifically budgeted to pay for
the cost of the analysis’’.
(b) INFORMATION REQUIRED IN NOTIFICATION OF
DECISION.—Subsection 
(c)(1) 
of 
such 
section 
is
amended—
(1) by redesignating subparagraphs (A), (B),
(C), (D), and (E) as subparagraphs (B), (C), (D),
(F), and (G), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
‘‘(A) The date when the analysis of that com-
mercial or industrial type function for possible
change to performance by the private sector was
commenced.’’; and
(3) by inserting after subparagraph (D), as so
redesignated, the following new subparagraph:
‘‘(E) The number of Department of Defense ci-
vilian employees who were performing the function
when the analysis was commenced and the number
of such employees whose employment was termi-
nated or otherwise adversely affected in imple-
menting the most efficient organization of the func-
tion or whose employment will be terminated or oth-
erwise adversely affected by the change to perform-
ance of the function by the private sector.’’.
SEC. 332. LIMITATION ON USE OF FUNDS FOR NAVY MA-
RINE CORPS INTRANET CONTRACT.
(a) IN GENERAL.—None of the funds authorized to
be appropriated for fiscal year 2001 for the Department
of the Navy may be obligated or expended to carry out
a Navy Marine Corps Intranet contract until the date that
is 60 days after the date that the Secretary submits to
Congress the following information:
(1) Outcome-oriented performance measures re-
garding such contract.
(2) A description of the alternatives considered
to such contract, and the factors relied on in deter-
mining not to pursue such alternatives.
(3) A description of the baseline of current
costs to the Department of the Navy for performing
information technology services that would be car-
ried out under such contract and current mission ca-
pability regarding such services.
(4) An analysis of how civilian and military per-
sonnel who currently perform information technology
functions would be impacted by such contract, in-
cluding a description of—
(A) the number such personnel currently
performing such functions at the Echelon I
level;
(B) the number of such personnel who
would no longer perform such functions as a re-
sult of the Navy Marine Corps Intranet con-
tract, and what functions such personnel would
perform after the implementation of such con-
tract; and
(C) whether a reduction in force would be
necessary as a result of such contract.
(5) A complete funding profile with respect to
such contract, including a description of—
(A) the amount of funds obligated or ex-
pended in fiscal years 1999 and 2000 for infor-
mation technology at the Echelon I level, and
from what accounts such funds were obligated
or expended; and
(B) the accounts from which funds would
be used for the purpose of carrying out a Navy
Marine Corps Intranet contract in fiscal year
2001 and throughout the period of the future-
years defense plan of the Department of De-
fense.
(6) A risk assessment which—
(A) describes the probability of achieving
cost, schedule, and performance goals with re-
spect to such contract;
(B) categorizes all identified risks in terms
of the likelihood of occurrence and potential im-
pact of such risks; and
(C) establishes a plan for mitigation of
each risk that is identified as of high impor-
tance.
(7) A certification that, beginning in fiscal year
2002, the Department of the Navy will comply with
the requirements in OMB Circular A–11.
(b) GAO REPORT.—In any case in which the Sec-
retary of the Navy submits to Congress the information
described in subsection (a), not later than 60 days after
the date that the Secretary submits such information the
Comptroller General shall review and submit a report on
the information to the congressional defense committees.
(c) NAVY MARINE CORPS INTRANET CONTRACT DE-
FINED.—In this section, the term ‘‘Navy Marine Corps
Intranet contract’’ means a long-term arrangement with
the commercial sector that transfers the responsibility and
risk for providing and managing the vast majority of desk-
top, server, infrastructure, and communication assets and
services of the Department of the Navy.
Subtitle E—Defense Dependents
Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE
PROGRAM FOR FISCAL YEAR 2001.—Of the amount au-
thorized to be appropriated by section 301(5) for oper-
ation and maintenance for Defense-wide activities,
$35,000,000 shall be available only for the purpose of pro-
viding educational agencies assistance (as defined in sub-
section (d)(1)) to local educational agencies.
(b) NOTIFICATION.—Not later than June 30, 2001,
the Secretary of Defense shall notify each local edu-
cational agency that is eligible for educational agencies as-
sistance for fiscal year 2001 of—
(1) that agency’s eligibility for educational
agencies assistance; and
(2) the amount of the educational agencies as-
sistance for which that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of
Defense shall disburse funds made available under sub-
section (a) not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has
the meaning given that term in section 8013(9) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
SEC. 342. ELIGIBILITY FOR ATTENDANCE AT DEPARTMENT
OF DEFENSE DOMESTIC DEPENDENT ELE-
MENTARY AND SECONDARY SCHOOLS.
Section 2164(c) of title 10, United States Code, is
amended—
(1) in the subsection heading, by inserting
‘‘AND OTHER PERSONS’’ after ‘‘EMPLOYEES’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3)(A) The Secretary may authorize the dependent
of an American Red Cross employee described in subpara-
graph (B) to enroll in an education program provided by
the Secretary pursuant to subsection (a) if the American
Red Cross agrees to reimburse the Secretary for the edu-
cational services so provided.
‘‘(B) An employee referred to in subparagraph (A)
is an American Red Cross employee who—
‘‘(i) resides in Puerto Rico; and
‘‘(ii) performs, on a full-time basis, emergency
services on behalf of members of the armed forces.
‘‘(C) Amounts received under this paragraph as reim-
bursement for educational services shall be treated in the
same manner as amounts received under subsection (g).’’.
Subtitle F—Military Readiness
Issues
SEC. 351. ADDITIONAL CAPABILITIES OF, AND REPORTING
REQUIREMENTS FOR, THE READINESS RE-
PORTING SYSTEM.
(a) MEASURING CANNIBALIZATION OF PARTS, SUP-
PLIES, AND EQUIPMENT.—Subsection (c) of section 117
of title 10, United States Code, is amended by adding at
the end the following new paragraph:
‘‘(7) Measure, on a quarterly basis, the extent
to which units of the armed forces remove service-
able parts, supplies, or equipment from one vehicle,
vessel, or aircraft in order to render a different vehi-
cle, vessel, or aircraft operational.’’.
(b) FUNDING
TO ADDRESS DEFICIENCIES.—Sub-
section (e) of such section is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
(2) by striking ‘‘Each such report’’ and insert-
ing the following:
‘‘(3) Each report under this subsection’’; and
(3) by inserting after the first sentence the fol-
lowing new paragraph:
‘‘(2) The monthly report submitted under paragraph
(1) that covers the first quarter of the then current fiscal
year shall also include a description of the funding pro-
posed in the President’s budget for the next fiscal year,
and for the subsequent fiscal years covered by the most
recent future-years defense program submitted under sec-
tion 221 of this title, to address each deficiency in readi-
ness identified during the joint readiness review conducted
for the first quarter of the current fiscal year.’’.
SEC. 352. REPORTING REQUIREMENTS REGARDING TRANS-
FERS FROM HIGH-PRIORITY READINESS AP-
PROPRIATIONS.
(a) 
CONTINUATION
OF
REPORTING
REQUIRE-
MENTS.—Section 483 of title 10, United States Code, is
amended by striking subsection (e).
(b) LEVEL OF DETAIL.—Subsection (c)(2) of such
section is amended by inserting before the period the fol-
lowing: ‘‘, including identification of the sources from
which funds were transferred into that activity and identi-
fication of the recipients of the funds transferred out of
that activity’’.
(c) ADDITIONAL COVERED BUDGET ACTIVITIES.—
Subsection (d)(5) of such section is amended by adding
at the end the following new subparagraphs:
‘‘(G) Combat Enforcement Forces.
‘‘(H) Combat Communications.’’.
SEC. 353. DEPARTMENT OF DEFENSE STRATEGIC PLAN TO
REDUCE BACKLOG IN MAINTENANCE AND
REPAIR OF DEFENSE FACILITIES.
(a) PLAN REQUIRED.—Section 2661 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(c) PLAN TO ADDRESS MAINTENANCE AND REPAIR
BACKLOG.—(1) The Secretary of Defense shall develop,
and update annually thereafter, a strategic plan to reduce
the backlog in maintenance and repair needs of facilities
and infrastructure under the jurisdiction of the Depart-
ment of Defense or a military department. At a minimum,
the plan shall include or address the following:
‘‘(A) A comprehensive strategy for the repair
and revitalization of facilities and infrastructure, or
for the demolition and replacement of unusable fa-
cilities, carried as backlog by the Secretary con-
cerned.
‘‘(B) Measurable goals, over specified time
frames, for achieving the objectives of the strategy.
‘‘(C) Expected funding for each military depart-
ment and Defense Agency to carry out the strategy
during the period covered by the most recent future-
years defense program submitted to Congress pursu-
ant to section 221 of this title.
‘‘(D) The cost of the current backlog in mainte-
nance and repair for each military department and
Defense Agency, which shall be determined using the
standard costs to standard facility categories in the
Department of Defense Facilities Cost Factors
Handbook, shown both in the aggregate and individ-
ually for each major military installation.
‘‘(E) The total number of square feet of build-
ing space of each military department and Defense
Agency to be demolished or proposed for demolition
under the plan, shown both in the aggregate and in-
dividually for each major military installation.
‘‘(F) The initiatives underway to identify facil-
ity and infrastructure requirements at military in-
stallation to accommodate new and developing weap-
ons systems and to prepare installations to accom-
modate these systems.
‘‘(2) Not later than March 15, 2001, the Secretary
shall submit the strategic plan to Congress. The annual
updates shall be submitted to Congress each year at or
about the time that the President’s budget is submitted
to Congress that year under section 1105(a) of title 31.’’.
(b) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a), by inserting ‘‘AVAIL-
ABILITY
OF
OPERATION
AND
MAINTENANCE
FUNDS.—’’ after ‘‘(a)’’; and
(2) in subsection (b), by inserting ‘‘GENERAL
LEASING AUTHORITY; MAINTENANCE OF DEFENSE
ACCESS ROADS.—’’ after ‘‘(b)’’.
Subtitle G—Other Matters
SEC. 361. AUTHORITY TO ENSURE DEMILITARIZATION OF
SIGNIFICANT 
MILITARY 
EQUIPMENT 
FOR-
MERLY OWNED BY THE DEPARTMENT OF DE-
FENSE.
(a) AUTHORITY
TO REQUIRE DEMILITARIZATION
AFTER DISPOSAL.—Chapter 153 of title 10, United
States Code, is amended by inserting after section 2572
the following new section:
‘‘§ 2573. Significant military equipment: continued
authority 
to 
require 
demilitarization
after disposal
‘‘(a) AUTHORITY TO REQUIRE DEMILITARIZATION.—
The Secretary of Defense may require any person in pos-
session of significant military equipment formerly owned
by the Department of Defense—
‘‘(1) to demilitarize the equipment;
‘‘(2) to have the equipment demilitarized by a
third party; or
‘‘(3) to return the equipment to the Govern-
ment for demilitarization.
‘‘(b) COST
AND VALIDATION
OF DEMILITARIZA-
TION.—When the demilitarization of significant military
equipment is carried out by the person in possession of
the equipment pursuant to paragraph (1) or (2) of sub-
section (a), the person shall be solely responsible for all
demilitarization costs, and the United States shall have
the right to validate that the equipment has been demili-
tarized.
‘‘(c) RETURN OF EQUIPMENT TO GOVERNMENT.—
When the Secretary of Defense requires the return of sig-
nificant military equipment for demilitarization by the
Government, the Secretary shall bear all costs to transport
and demilitarize the equipment. If the person in possession
of the significant military equipment obtained the property
in the manner authorized by law or regulation and the
Secretary determines that the cost to demilitarize and re-
turn the property to the person is prohibitive, the Sec-
retary shall reimburse the person for the purchase cost
of the property and for the reasonable transportation costs
incurred by the person to purchase the equipment.
‘‘(d) 
ESTABLISHMENT
OF
DEMILITARIZATION
STANDARDS.—The Secretary of Defense shall prescribe by
regulation what constitutes demilitarization for each type
of significant military equipment.
‘‘(e) EXCEPTION FOR GOVERNMENT CONTRACTS.—
This section does not apply when a person is in possession
of significant military equipment formerly owned by the
Department of Defense for the purpose of demilitarizing
the equipment pursuant to a Government contract.
‘‘(f) DEFINITION OF SIGNIFICANT MILITARY EQUIP-
MENT.—In this section, the term ‘significant military
equipment’ means—
‘‘(1) an article for which special export controls
are warranted under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) because of its capacity for
substantial military utility or capability, as identified
on the United States Munitions List maintained
under section 121.1 of title 22, Code of Federal
Regulations; and
‘‘(2) any other article designated by the Depart-
ment of Defense as requiring demilitarization before
its disposal.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 2572 the following new
item:
‘‘2573. Significant military equipment: continued authority to require demili-
tarization after disposal.’’.
SEC. 362. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN
MILITARY 
EQUIPMENT 
IDENTIFIED 
ON
UNITED STATES MUNITIONS LIST.
(a) ANNUAL REPORT REQUIRED.—Chapter 153 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2582. Military equipment identified on United
States munitions list: annual report of
public sales
‘‘(a) REPORT REQUIRED.—The Secretary of Defense
shall prepare an annual report identifying each public sale
conducted by a military department or Defense Agency of
military items that are—
‘‘(1) identified on the United States Munitions
List maintained under section 121.1 of title 22,
Code of Federal Regulations; and
‘‘(2) assigned a demilitarization code of ‘B’ or
its equivalent.
‘‘(b) ELEMENTS OF REPORT.—(1) A report under
this section shall cover all public sales described in sub-
section (a) that were conducted during the preceding fiscal
year.
‘‘(2) The report shall specify the following for each
sale:
‘‘(A) The date of the sale.
‘‘(B) The military department or Defense Agen-
cy conducting the sale.
‘‘(C) The manner in which the sale was con-
ducted.
‘‘(D) The military items described in subsection
(a) that were sold or offered for sale.
‘‘(E) The purchaser of each item.
‘‘(F) The stated end-use of each item sold.
‘‘(c) SUBMISSION
OF
REPORT.—Not later than
March 31 of each year, the Secretary of Defense shall sub-
mit to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services
of the Senate the report required by this section for the
preceding fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2582. Military equipment identified on United States munitions list: annual re-
port of public sales.’’.
SEC. 363. REGISTRATION OF CERTAIN INFORMATION TECH-
NOLOGY SYSTEMS WITH CHIEF INFORMA-
TION OFFICER.
(a) REGISTRATION REQUIRED.—During fiscal years
2001, 2002, and 2003, no funds available to the Depart-
ment of Defense may be used for a mission critical or mis-
sion essential information technology system (including a
system funded by the defense working capital fund) that
is not registered with the Chief Information Officer of the
Department of Defense.
(b) MANNER OF REGISTRATION.—A system shall be
considered to be registered with the Chief Information Of-
ficer upon the furnishing to that officer of notice of the
system, together with such information concerning the
system as the Secretary of Defense may prescribe.
(c) QUARTERLY UPDATES.—In the case of each in-
formation technology system registered pursuant to this
section, the information required under subsection (b) to
be submitted as part of the registration shall be updated
on not less than a quarterly basis.
(d) COVERED
INFORMATION
TECHNOLOGY
SYS-
TEMS.—An information technology system shall be consid-
ered to be a mission critical or mission essential informa-
tion technology system for purposes of this section as de-
fined by the Secretary of Defense.
(e) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’
means the senior official of the Department of De-
fense designated by the Secretary of Defense pursu-
ant to section 3506 of title 44, United States Code.
(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
SEC. 364. STUDIES AND REPORTS REQUIRED AS PRE-
CONDITION TO CERTAIN MANPOWER REDUC-
TIONS.
(a) REQUIRED STUDIES
AND REPORTS.—Chapter
146 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 2475. Consolidation of functions or activities and
reengineering or restructuring of organi-
zations, functions, or activities: required
studies and reports before manpower re-
ductions
‘‘(a) REPORTING AND ANALYSIS REQUIREMENTS AS
PRECONDITION TO MANPOWER REDUCTIONS.—The Sec-
retary of Defense may not initiate manpower reductions
at organizations or activities, or within functions, that are
commercial, commercial exempt from competition, military
essential, or inherently governmental until the Secretary
fully complies with the reporting and analysis require-
ments specified in subsections (b) and (c).
‘‘(b) NOTIFICATION AND ELEMENTS OF ANALYSIS.—
Before commencing to analyze any commercial, commer-
cial exempt from competition, military essential, or inher-
ently governmental organization, function, or activity for
the consolidation, restructuring, or reengineering of mili-
tary personnel or Department of Defense civilian employ-
ees, the Secretary of Defense shall submit to Congress a
report containing the following:
‘‘(1) The organization, function, or activity to
be analyzed for possible consolidation, restructuring,
or reengineering.
‘‘(2) The location or locations at which military
personnel or Department of Defense civilian employ-
ees would be affected.
‘‘(3) The number of military personnel or De-
partment of Defense civilian employee positions po-
tentially affected.
‘‘(4) A description of the organization, function,
or activity to be analyzed for possible consolidation,
restructuring, or reengineering, including a descrip-
tion of all missions, duties, or military requirements
that might be affected.
‘‘(5) An examination of the cost incurred by the
Department of Defense to perform the function or
to operate the organization or activity that will be
analyzed.
‘‘(6) A certification that a proposed consolida-
tion, restructuring, or reengineering of a commer-
cial, commercial exempt from competition, military
essential, or inherently governmental organization,
function, or activity is not a result of a decision by
an official of a military department or Defense
Agency to impose predetermined constraints or limi-
tations on the number of military personnel or De-
partment of Defense civilian employees.
‘‘(c) NOTIFICATION OF DECISION.—If, as a result of
the completion of an analysis carried out consistent with
the requirements of subsection (b), a decision is made to
consolidate, restructure, or reengineer an organization,
function, or activity, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the
Senate a report describing that decision. The report shall
contain the following:
‘‘(1) The Secretary’s certification that the con-
solidation, restructuring, or reengineering that was
analyzed will yield savings to the Department of De-
fense.
‘‘(2) A projection of the savings that will be re-
alized as a result of the consolidation, restructuring,
or reengineering, compared with the cost incurred by
the Department of Defense to perform the function
or to operate the organization or activity prior to
such proposed consolidation, restructuring, or re-
engineering.
‘‘(3) A description of all missions, duties, or
military requirements that will be affected as a re-
sult of the decision to consolidate, restructure, or re-
engineer the organization, function, or activity that
was analyzed.
‘‘(4) The Secretary’s certification that the con-
solidation, restructuring or reengineering will not re-
sult in any diminution of military readiness.
‘‘(5) A schedule for performing the consolida-
tion, restructuring or reengineering.
‘‘(6) The Secretary’s certification that the en-
tire analysis is available for examination.
‘‘(d) DELEGATION.—The responsibility to prepare re-
ports under subsections (b) and (c) may be delegated only
to the Deputy Under Secretary of Defense for Installa-
tions.
‘‘(e) COMMENCEMENT; WAIVER FOR SMALL FUNC-
TIONS.—(1) The consolidation, restructuring, or re-
engineering of an organization, function, or activity for
which a report is required under subsection (c) shall not
begin until at least 45 days after the submission of the
report to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services
of the Senate.
‘‘(2) Subsection (c) shall not apply to a consolidation,
restructuring, or reengineering that will result in the
elimination of 10 or fewer military or Department of De-
fense civilian employee positions.
‘‘(f) COMPTROLLER GENERAL REVIEW.—Not later
than March 1 of each year, the Comptroller General shall
submit to Congress a report reviewing decisions taken by
the Secretary of Defense to consolidate, restructure, or re-
engineer organizations, functions, or activities during the
previous year and assessing the Secretary’s compliance
with this section. The report shall include a detailed as-
sessment by the Comptroller General of whether the sav-
ings projected by the Secretary to result from such deci-
sions are likely to be realized, and whether any decision
taken by the Secretary is likely to result in a diminution
of military readiness. The report shall also include detailed
audits of selected analyses performed by the Secretary or
to an official in the Office of the Secretary of Defense
senior to that Deputy Under Secretary.
‘‘(g) RELATION TO OTHER LAW.—Nothing in this
section shall be construed to obviate the requirements set
forth in section 1597 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2475. Consolidation of functions or activities and reengineering or restruc-
turing of organizations, functions, or activities: required studies
and reports before manpower reductions.’’.
SEC. 365. NATIONAL GUARD ASSISTANCE FOR CERTAIN
YOUTH AND CHARITABLE ORGANIZATIONS.
Section 508 of title 32, United States Code, is
amended—
(1) in subsection (b)(2), by inserting ‘‘or any
other youth or charitable organization designated by
the Secretary of Defense’’ after ‘‘Special Olympics’’;
and
(2) in subsection (d)(1)—
(A) by redesignating paragraph (14) as
paragraph (15); and
(B) by inserting after paragraph (13) the
following new paragraph (14):
‘‘(14) Reach For Tomorrow.’’.
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,642.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
SEC. 402. REVISION IN PERMANENT END STRENGTH MIN-
IMUM LEVELS.
(a) REVISED END STRENGTH FLOORS.—Section
691(b) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘371,781’’
and inserting ‘‘372,000’’;
(2) in paragraph (3), by striking ‘‘172,148’’
and inserting ‘‘172,600’’; and
(3) in paragraph (4), by striking ‘‘360,877’’
and inserting ‘‘357,000’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on October 1, 2000.
SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY
AUTHORITY.
Section 691(e) of title 10, United States Code, is
amended by inserting ‘‘or greater than’’ after ‘‘identical
to’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 2001, as follows:
(1) The Army National Guard of the United
States, 350,706.
(2) The Army Reserve, 205,300.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United
States, 108,000.
(6) The Air Force Reserve, 74,358.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year; and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be proportion-
ately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 2001, the following num-
ber of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United
States, 23,154.
(2) The Army Reserve, 13,106.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United
States, 11,148.
(6) The Air Force Reserve, 1,336.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
The minimum number of military technicians (dual
status) as of the last day of fiscal year 2001 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall
be the following:
(1) For the Army Reserve, 5,921.
(2) For the Army National Guard of the United
States, 23,392.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United
States, 22,247.
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CER-
TAIN GRADES AUTHORIZED TO BE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS.—The table in section 12011(a) of title
10, United States Code, is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
Major or Lieutenant Commander ..........................................
3,405
1,071
998
140
Lieutenant Colonel or Commander .......................................
1,830
520
859
Colonel or Navy Captain .......................................................
547
188
317
30’’.
(b) SENIOR ENLISTED MEMBERS.—The table in sec-
tion 12012(a) of such title is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 ........................................................................................
866
202
502
E–8 ........................................................................................
2,966
429
1,131
94’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2000.
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal
year 2001 a total of $75,801,666,000. The authorization
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2001.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—General Personnel
Management Authorities
SEC. 501. AUTHORITY FOR SECRETARY OF DEFENSE TO
SUSPEND CERTAIN PERSONNEL STRENGTH
LIMITATIONS DURING WAR OR NATIONAL
EMERGENCY.
(a) SENIOR
ENLISTED
MEMBERS
ON
ACTIVE
DUTY.—Section 517 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of
section 523, 525, or 526 of this title, the Secretary of De-
fense may suspend the operation of any provision of this
section. Any such suspension shall, if not sooner ended,
end in the manner specified in section 527 for a suspen-
sion under that section.’’.
(b) FIELD GRADE RESERVE COMPONENT OFFI-
CERS.—Section 12011 of such title is amended by adding
at the end the following new subsection:
‘‘(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of
section 523, 525, or 526 of this title, the Secretary of De-
fense may suspend the operation of any provision of this
section. Any such suspension shall, if not sooner ended,
end in the manner specified in section 527 for a suspen-
sion under that section.’’.
(c) SENIOR ENLISTED MEMBER IN RESERVE COMPO-
NENTS.—Section 12012 of such title is amended by add-
ing at the end the following new subsection:
‘‘(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of
section 523, 525, or 526 of this title, the Secretary of De-
fense may suspend the operation of any provision of this
section. Any such suspension shall, if not sooner ended,
end in the manner specified in section 527 for a suspen-
sion under that section.’’.
SEC. 502. AUTHORITY TO ISSUE POSTHUMOUS COMMIS-
SIONS IN THE CASE OF MEMBERS DYING BE-
FORE OFFICIAL RECOMMENDATION FOR AP-
POINTMENT OR PROMOTION IS APPROVED
BY SECRETARY CONCERNED.
(a) REPEAL OF LIMITATION TO DEATHS OCCURRING
AFTER SECRETARIAL APPROVAL.—Subsection (a)(3) of
section 1521 of title 10, United States Code, is amended
by striking ‘‘and the recommendation for whose appoint-
ment or promotion was approved by the Secretary con-
cerned’’.
(b) EFFECTIVE DATE OF COMMISSION.—Subsection
(b) of such section is amended by striking ‘‘approval’’ both
places it appears and inserting ‘‘official recommendation’’.
SEC. 503. TECHNICAL CORRECTION TO RETIRED GRADE
RULE FOR ARMY AND AIR FORCE OFFICERS.
(a) ARMY.—Section 3961(a) of title 10, United
States Code, is amended by striking ‘‘or for nonregular
service under chapter 1223 of this title’’.
(b) AIR FORCE.—Section 8961(a) of such title is
amended by striking ‘‘or for nonregular service under
chapter 1223 of this title’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply to Reserve officers who
are promoted to a higher grade as a result of selection
for promotion under chapter 36 or chapter 1405 of title
10, United States Code, or having been found qualified
for Federal recognition in a higher grade under chapter
3 of title 32, United States Code, after October 5, 1994.
SEC. 504. EXTENSION TO END OF CALENDAR YEAR OF EXPI-
RATION DATE FOR CERTAIN FORCE DRAW-
DOWN TRANSITION AUTHORITIES.
(a) EARLY RETIREMENT AUTHORITY FOR ACTIVE
FORCE MEMBERS.—Section 4403(i) of the National De-
fense Authorization Act for Fiscal Year 1993 (10 U.S.C.
1293 note) is amended by striking ‘‘October 1, 2001’’ and
inserting ‘‘December 31, 2001’’.
(b) 
SSB 
AND
VSI.—Sections 
1174a(h) 
and
1175(d)(3) of title 10, United States Code, are amended
by striking ‘‘September 30, 2001’’ and inserting ‘‘Decem-
ber 31, 2001’’.
(c) SELECTIVE EARLY RETIREMENT BOARDS.—Sec-
tion 638a(a) of such title is amended by striking ‘‘Sep-
tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.
(d) TIME-IN-GRADE REQUIREMENT FOR RETENTION
OF GRADE UPON VOLUNTARY RETIREMENT.—Section
1370(a)(2)(A) of such title is amended by striking ‘‘Sep-
tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.
(e) MINIMUM COMMISSIONED SERVICE
FOR VOL-
UNTARY
RETIREMENT
AS
AN
OFFICER.—Sections
3911(b), 6323(a)(2), and 8911(b) of such title are amend-
ed by striking ‘‘September 30, 2001’’ and inserting ‘‘De-
cember 31, 2001’’.
(f) TRAVEL, TRANSPORTATION, AND STORAGE BEN-
EFITS.—Sections 
404(c)(1)(C), 
404(f)(2)(B)(v),
406(a)(2)(B)(v), and 406(g)(1)(C) of title 37, United
States Code, and section 503(c) of the National Defense
Authorization Act for Fiscal Year 1991 (37 U.S.C. 406
note) are amended by striking ‘‘September 30, 2001’’ and
inserting ‘‘December 31, 2001’’.
(g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMU-
NITY SERVICE.—Section 4463(f) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143a
note) is amended by striking ‘‘September 30, 2001’’ and
inserting ‘‘December 31, 2001’’.
(h) 
TRANSITIONAL
HEALTH
BENEFITS.—Sub-
sections (a)(1), (c)(1), and (e) of section 1145 of title 10,
United States Code, are amended by striking ‘‘September
30, 2001’’ and inserting ‘‘December 31, 2001’’.
(i) TRANSITIONAL COMMISSARY
AND EXCHANGE
BENEFITS.—Section 1146 of such title is amended by
striking ‘‘September 30, 2001’’ both places it appears and
inserting ‘‘December 31, 2001’’.
(j) TRANSITIONAL USE OF MILITARY HOUSING.—
Paragraphs (1) and (2) of section 1147(a) of such title
are amended by striking ‘‘September 30, 2001’’ and in-
serting ‘‘December 31, 2001’’.
(k) CONTINUED ENROLLMENT OF DEPENDENTS IN
DEFENSE DEPENDENTS’ EDUCATION SYSTEM.—Section
1407(c)(1) of the Defense Dependents’ Education Act of
1978 (20 U.S.C. 926(c)(1)) is amended by striking ‘‘Sep-
tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.
(l) FORCE REDUCTION TRANSITION PERIOD DEFINI-
TION.—Section 4411 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is
amended by striking ‘‘September 30, 2001’’ and inserting
‘‘December 31, 2001’’.
(m) TEMPORARY SPECIAL AUTHORITY FOR FORCE
REDUCTION PERIOD RETIREMENTS.—Section 4416(b)(1)
of the National Defense Authorization Act for Fiscal Year
1993 (10 U.S.C. 12681 note) is amended by striking ‘‘Oc-
tober 1, 2001’’ and inserting ‘‘December 31, 2001’’.
(n) RETIRED PAY FOR NON-REGULAR SERVICE.—
(1) Section 12731(f) of title 10, United States Code, is
amended by striking ‘‘September 30, 2001’’ and inserting
‘‘December 31, 2001’’.
(2) Section 12731a of such title is amended in sub-
sections (a)(1)(B) and (b) by striking ‘‘October 1, 2001’’
and inserting ‘‘December 31, 2001’’.
(o) REDUCTION OF TIME-IN-GRADE REQUIREMENT
FOR RETENTION OF GRADE UPON VOLUNTARY RETIRE-
MENT.—Section 1370(d)(5) of such title is amended by
striking ‘‘September 30, 2001’’ and inserting ‘‘December
31, 2001’’.
(p) AFFILIATION
WITH
GUARD
AND
RESERVE
UNITS; WAIVER
OF
CERTAIN
LIMITATIONS.—Section
1150(a) of such title is amended by striking ‘‘September
30, 2001’’ and inserting ‘‘December 31, 2001’’.
(q) RESERVE
MONTGOMERY
GI BILL.—Section
16133(b)(1)(B) of such title is amended by striking ‘‘Sep-
tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.
SEC. 505. CLARIFICATION OF REQUIREMENTS FOR COM-
POSITION OF ACTIVE-DUTY LIST SELECTION
BOARDS 
WHEN 
RESERVE 
OFFICERS 
ARE
UNDER CONSIDERATION.
(a) CLARIFICATION.—Section 612(a) of title 10,
United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘who are on the active-duty
list’’ in the second sentence; and
(B) by inserting after the second sentence
the following new sentence: ‘‘Each member of a
selection board (except as provided in para-
100
graphs (2), (3), and (4)) shall be an officer on
the active-duty list.’’; and
(2) in paragraph (3)—
(A) by striking ‘‘of that armed force, with
the exact number of reserve officers to be’’ and
inserting ‘‘of that armed force on active duty
(whether or not on the active-duty list). The ac-
tual number of reserve officers shall be’’; and
(B) by striking ‘‘his discretion, except
that’’ and inserting ‘‘the Secretary’s discretion.
Notwithstanding the first sentence of this para-
graph,’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to any selection board convened
under section 611(a) of title 10, United States Code, on
or after August 1, 1981.
SEC. 506. VOLUNTARY SEPARATION INCENTIVE.
(a) AUTHORITY FOR TERMINATION UPON ENTITLE-
MENT TO RETIRED PAY.—Section 1175(e)(3) of title 10,
United States Code, is amended—
(1) inserting ‘‘(A)’’ after ‘‘(3)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) If a member is receiving simultaneous voluntary
separation incentive payments and retired or retainer pay,
101
the member may elect to terminate the receipt of vol-
untary separation incentive payments. Any such election
is permanent and irrevocable. The rate of monthly
recoupment from retired or retainer pay of voluntary sepa-
ration incentive payments received after such an election
shall be reduced by a percentage that is equal to a fraction
with a denominator equal to the number of months that
the voluntary separation incentive payments were sched-
uled to be paid and a numerator equal to the number of
months that would not be paid as a result of the member’s
decision to terminate the voluntary separation incentive.’’.
(b) EFFECTIVE DATE.—Subparagraph (B) of section
1175(e)(3) of title 10, United States Code, as added by
subsection (a), shall apply with respect to decisions by
members to terminate voluntary separation incentive pay-
ments under section 1175 of title 10, United States Code,
to be effective after September 30, 2000.
SEC. 507. CONGRESSIONAL REVIEW PERIOD FOR ASSIGN-
MENT OF WOMEN TO DUTY ON SUBMARINES
AND FOR ANY PROPOSED RECONFIGURATION
OR DESIGN OF SUBMARINES TO ACCOMMO-
DATE FEMALE CREW MEMBERS.
(a) IN GENERAL.—(1) Chapter 555 of title 10,
United States Code, is amended by adding at the end the
following new section:
102
‘‘§ 6035. Female members: congressional review pe-
riod for assignment to duty on sub-
marines or for reconfiguration of sub-
marines
‘‘(a) No change in the Department of the Navy policy
limiting service on submarines to males, as in effect on
May 10, 2000, may take effect until—
‘‘(1) the Secretary of Defense submits to Con-
gress written notice of the proposed change; and
‘‘(2) a period of 120 days of continuous session
of Congress expires following the date on which the
notice is received.
‘‘(b) No funds available to the Department of the
Navy may be expended to reconfigure any existing sub-
marine, or to design any new submarine, to accommodate
female crew members until—
‘‘(1) the Secretary of Defense submits to Con-
gress written notice of the proposed reconfiguration
or design; and
‘‘(2) a period of 120 days of continuous session
of Congress expires following the date on which the
notice is received.
‘‘(c) For purposes of this section—
‘‘(1) the continuity of a session of Congress is
broken only by an adjournment of the Congress sine
die; and
103
‘‘(2) the days on which either House of Con-
gress is not in session because of an adjournment of
more than 3 days to a day certain are excluded in
the computation of such 120-day period.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘6035. Female members: congressional review period for assignment to duty on
submarines or for reconfiguration of submarines.’’.
(b) CONFORMING AMENDMENT.—Section 542(a)(1)
of the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 113 note) is amended by inserting ‘‘or
by section 6035 of title 10, United States Code’’ after
‘‘Except in a case covered by subsection (b)’’.
Subtitle B—Reserve Component
Personnel Policy
SEC. 511. EXEMPTION FROM ACTIVE-DUTY LIST FOR RE-
SERVE OFFICERS ON ACTIVE DUTY FOR A PE-
RIOD OF THREE YEARS OR LESS.
Section 641(1) of title 10, United States Code, is
amended—
(1) 
by 
redesignating 
subparagraphs 
(D)
through (G) as subparagraphs (E) through (H), re-
spectively; and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
104
‘‘(D) on the reserve active-status list who
are on active duty under section 12301(d) of
this title, other than as provided in subpara-
graph (C), under a call or order to active duty
specifying a period of 3 years or less;’’.
SEC. 512. EXEMPTION OF RESERVE COMPONENT MEDICAL
AND DENTAL OFFICERS FROM COUNTING IN
GRADE STRENGTHS.
Section 12005(a)(1) of title 10, United States Code,
is amended by adding at the end the following new sen-
tence: ‘‘Medical officers and dental officers shall be ex-
cluded in computing and determining the authorized
strengths under this subsection.’’.
SEC. 513. CONTINUATION OF OFFICERS ON THE RESERVE
ACTIVE STATUS LIST WITHOUT REQUIRE-
MENT FOR APPLICATION.
Section 14701(a) of title 10, United States Code, is
amended by striking ‘‘Upon application, a reserve officer’’
and inserting ‘‘A reserve officer’’.
SEC. 514. AUTHORITY TO RETAIN RESERVE COMPONENT
CHAPLAINS AND OFFICERS IN MEDICAL SPE-
CIALTIES UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code,
is amended by striking ‘‘veterinary officers’’ and all that
follows through the period and inserting ‘‘Air Force nurse,
105
Medical Service Corps officer, biomedical sciences officer,
or chaplain.’’.
SEC. 515. AUTHORITY FOR TEMPORARY INCREASE IN NUM-
BER OF RESERVE COMPONENT PERSONNEL
SERVING ON ACTIVE DUTY OR FULL-TIME NA-
TIONAL GUARD DUTY IN CERTAIN GRADES.
(a) FIELD GRADE OFFICERS.—Section 12011 of title
10, United States Code, as amended by section 501(b),
is amended by adding at the end the following new sub-
section:
‘‘(d) Upon a determination by the Secretary of De-
fense that such action is in the national interest, the Sec-
retary may increase the number of officers serving in any
grade for a fiscal year pursuant to subsection (a) by not
more than the percent authorized by the Secretary under
section 115(c)(2) of this title.’’.
(b) SENIOR ENLISTED MEMBERS.—Section 12012 of
such title, as amended by section 501(c), is amended by
adding at the end the following new subsection:
‘‘(d) Upon a determination by the Secretary of De-
fense that such action is in the national interest, the Sec-
retary may increase the number of enlisted members serv-
ing in any grade for a fiscal year pursuant to subsection
(a) by not more than the percent authorized by the Sec-
retary under section 115(c)(2) of this title.’’.
106
SEC. 516. AUTHORITY FOR PROVISION OF LEGAL SERVICES
TO RESERVE COMPONENT MEMBERS FOL-
LOWING RELEASE FROM ACTIVE DUTY.
(a) LEGAL SERVICES.—Section 1044(a) of title 10,
United States Code, is amended—
(1) by redesignating paragraph (4) as para-
graph (5); and
(2) by inserting after paragraph (3) the fol-
lowing new paragraph:
‘‘(4) Members of a reserve component not cov-
ered by paragraph (1) or (2), but only during a pe-
riod, following a release from active duty under a
call or order to active duty for more than 29 days
under a mobilization authority (as determined by the
Secretary of Defense), that is not in excess of twice
the length of time served on active duty.’’.
(b) DEPENDENTS.—Paragraph (5) of such section
1044(a) (as redesignated by subsection (a)) is amended
by striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.
(c) IMPLEMENTING REGULATIONS.—Regulations to
implement the amendments made by subsections (a) and
(b) shall be prescribed not later than 180 days after the
date of the enactment of this Act.
107
SEC. 517. ENTITLEMENT TO SEPARATION PAY FOR RE-
SERVE OFFICERS RELEASED FROM ACTIVE
DUTY UPON DECLINING SELECTIVE CON-
TINUATION ON ACTIVE DUTY AFTER SECOND
FAILURE OF SELECTION FOR PROMOTION.
(a) DISCHARGE OR RELEASE TO BE CONSIDERED
INVOLUNTARY.—Section 1174(c) of title 10, United
States Code, is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4) The discharge or release from active duty of an
officer under a law or regulation requiring that an officer
who has failed of selection for promotion to the next high-
er grade for the second time, or who declines continuation
on active duty after such a failure, be discharged or re-
leased from active duty shall be considered to be involun-
tary for purposes of paragraph (1)(A).’’.
(b) EFFECTIVE DATE.—Paragraph (4) of section
1174(c) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to an offer for selec-
tive continuation on active duty that is declined on or after
the date of the enactment of this Act.
108
SEC. 518. EXTENSION OF INVOLUNTARY CIVIL SERVICE RE-
TIREMENT DATE FOR CERTAIN RESERVE
TECHNICIANS.
(a) MANDATORY RETIREMENT NOT APPLICABLE
UNTIL AGE 60.—Section 10218 of title 10, United States
Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and is age 60 or older at
that time’’ after ‘‘unreduced annuity’’ in para-
graph (2);
(B) by inserting ‘‘or is under age 60 at
that time’’ after ‘‘unreduced annuity’’ in para-
graph (3)(A); and
(C) by inserting ‘‘and becoming 60 years
of age’’ after ‘‘unreduced annuity’’ in para-
graph (3)(B)(ii)(I); and
(2) in subsection (b)—
(A) by inserting ‘‘and is age 60 or older’’
after ‘‘unreduced annuity’’ in paragraph (1);
(B) by inserting ‘‘or is under age 60’’ after
‘‘unreduced annuity’’ in paragraph (2)(A); and
(C) by inserting ‘‘and becoming 60 years
of age’’ after ‘‘unreduced annuity’’ in para-
graph (2)(B)(ii)(I).
(b) TRANSITION PROVISION.—(1) An individual who
before the date of the enactment of this Act was involun-
109
tarily separated or retired from employment as an Army
Reserve or Air Force Reserve technician under section
10218 of title 10, United States Code, and who would not
have been so separated if the provisions of subsection (c)
of that section, as amended by subsection (a), had been
in effect at the time of such separation may, with the ap-
proval of the Secretary concerned, be reinstated to the
technician status held by that individual immediately be-
fore that separation.
(2) The authority under paragraph (1) applies only
to reinstatement for which an application is received by
the Secretary concerned before the end of the 1-year pe-
riod beginning on the date of the enactment of this Act.
Subtitle C—Education and
Training
SEC. 521. COLLEGE TUITION ASSISTANCE PROGRAM FOR
PURSUIT OF DEGREES BY MEMBERS OF THE
MARINE CORPS PLATOON LEADERS CLASS
PROGRAM.
(a) IN GENERAL.—Section 16401 of title 10, United
States Code, is amended as follows:
(1) The section heading is amended to read as
follows:
110
‘‘§ 16401. Marine Corps Platoon Leaders Class pro-
gram: 
college 
tuition 
assistance 
pro-
gram’’.
(2) Subsection (a) is amended—
(A) by striking ‘‘FINANCIAL’’ in the sub-
section heading and inserting ‘‘COLLEGE TUI-
TION’’;
(B) by striking ‘‘an eligible enlisted’’ in the
matter preceding paragraph (1) and inserting
‘‘a’’; and
(C) in paragraph (2), by striking ‘‘three’’
and inserting ‘‘four’’.
(3) Subsection (b)(1) is amended—
(A) by striking ‘‘an enlisted’’ and inserting
‘‘a’’;
(B) in subparagraph (A), by striking ‘‘an
officer candidate in’’ and inserting ‘‘a member
of’’;
(C) by striking subparagraph (B) and re-
designating subparagraphs (C) and (D) as sub-
paragraphs (B) and (C), respectively; and
(D) in subparagraph (C) (as so redesig-
nated), by striking ‘‘(3)’’ and inserting ‘‘(2)’’.
(4) Subsection (b) is amended by striking para-
graph (2) and redesignating paragraph (3) as para-
graph (2).
111
(5) Subsection (f)(1) is amended by striking ‘‘A
member’’ and inserting ‘‘An enlisted member’’.
(b) COMPUTATION OF CREDITABLE SERVICE.—Sec-
tion 205(f) of title 37, United States Code, is amended—
(1) by striking ‘‘section 12209’’ and inserting
‘‘section 12203’’; and
(2) by striking ‘‘a member’’ and inserting ‘‘an
enlisted member’’.
(c) CLERICAL AMENDMENT.—The item relating to
section 16401 in the table of sections at the beginning of
chapter 1611 of such title is amended to read as follows:
‘‘16401. Marine Corps Platoon Leaders Class program: college tuition assistance
program.’’.
SEC. 522. REVIEW OF ALLOCATION OF JUNIOR RESERVE
OFFICERS TRAINING CORPS UNITS AMONG
THE SERVICES.
(a) REALLOCATION OF JROTC UNITS.—Not later
than March 31, 2001, the Secretary of Defense shall—
(1) review the allocation among the military de-
partments of the statutory maximum number of
Junior Reserve Officers’ Training Corps (JROTC)
units; and
(2) redistribute the allocation of those units
planned (as of the date of the enactment of this Act)
for fiscal years 2001 through 2006 so as to increase
the number of units for a military department that
112
proposes to more quickly eliminate the current wait-
ing list for such units and to commit the necessary
resources for that purpose.
(b) PROPOSAL FOR INCREASE IN STATUTORY MAX-
IMUM.—If, based on the review under subsection (a) and
the redistribution of the allocation of JROTC units under
that subsection, the Secretary determines that an increase
in the statutory maximum number of such units is war-
ranted, the Secretary shall include a proposal for such an
increase in the budget proposal of the Department of De-
fense for fiscal year 2002.
SEC. 523. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL
TO ENROLL CERTAIN DEFENSE INDUSTRY CI-
VILIANS IN SPECIFIED PROGRAMS RELATING
TO DEFENSE PRODUCT DEVELOPMENT.
(a) IN GENERAL.—(1) Chapter 605 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 7049. Defense industry civilians: admission to de-
fense product development program
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of
the Navy may permit eligible defense industry employees
to receive instruction at the Naval Postgraduate School
in accordance with this section. Any such defense industry
employee may only be enrolled in, and may only be pro-
113
vided instruction in, a program leading to a masters’s de-
gree in a curriculum related to defense product develop-
ment. No more than 10 such defense industry employees
may be enrolled at any one time. Upon successful comple-
tion of the course of instruction in which enrolled, any
such defense industry employee may be awarded an appro-
priate degree under section 7048 of this title.
‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.—
For purposes of this section, an eligible defense industry
employee is an individual employed by a private firm that
is engaged in providing to the Department of Defense sig-
nificant and substantial defense-related systems, products,
or services. A defense industry employee admitted for in-
struction at the school remains eligible for such instruction
only so long at that person remains employed by the same
firm.
‘‘(c) ANNUAL CERTIFICATION BY THE SECRETARY
OF THE NAVY.—Defense industry employees may receive
instruction at the school during any academic year only
if, before the start of that academic year, the Secretary
of the Navy determines, and certifies to the Committee
on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives, that pro-
viding instruction to defense industry employees under
this section during that year—
114
‘‘(1) will further the military mission of the
school;
‘‘(2) will enhance the ability of the Department
of Defense and defense-oriented private sector con-
tractors engaged in the design and development of
defense systems to reduce the product and project
lead times required to bring such systems to initial
operational capability; and
‘‘(3) will be done on a space-available basis and
not require an increase in the size of the faculty of
the school, an increase in the course offerings of the
school, or an increase in the laboratory facilities or
other infrastructure of the school.
‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of
the Navy shall ensure that—
‘‘(1) the curriculum for the defense product de-
velopment program in which defense industry em-
ployees may be enrolled under this section is not
readily available through other schools and con-
centrates on defense product development functions
that are conducted by military organizations and de-
fense contractors working in close cooperation; and
‘‘(2) the course offerings at the school continue
to be determined solely by the needs of the Depart-
ment of Defense.
115
‘‘(e) TUITION.—The Superintendent of the school
shall charge tuition for students enrolled under this sec-
tion at a rate not less than the rate charged for employees
of the United States outside the Department of the Navy.
‘‘(f) STANDARDS OF CONDUCT.—While receiving in-
struction at the school, students enrolled under this sec-
tion, to the extent practicable, are subject to the same reg-
ulations governing academic performance, attendance,
norms of behavior, and enrollment as apply to Government
civilian employees receiving instruction at the school.
‘‘(g) USE
OF FUNDS.—Amounts received by the
school for instruction of students enrolled under this sec-
tion shall be retained by the school to defray the costs
of such instruction. The source, and the disposition, of
such funds shall be specifically identified in records of the
school.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘7049. Defense industry civilians: admission to defense product development
program.’’.
(b) PROGRAM EVALUATION AND REPORT.—(1) Be-
fore the start of the fourth year of instruction, but no ear-
lier than the start of the third year of instruction, of de-
fense industry employees at the Naval Postgraduate
School under section 7049 of title 10, United States Code,
116
as added by subsection (a), the Secretary of the Navy shall
conduct an evaluation of the admission of such students
under that section. The evaluation shall include the fol-
lowing:
(A) An assessment of whether the authority for
instruction of nongovernment civilians at the school
has resulted in a discernible benefit for the Govern-
ment.
(B) Determination of whether the receipt and
disposition of funds received by the school as tuition
for instruction of such civilians at the school have
been properly identified in records of the school.
(C) An assessment of the disposition of those
funds.
(D) An assessment of whether instruction of
such civilians at the school is in the best interests
of the Government.
(2) Not later than 30 days after completing the eval-
uation referred to in paragraph (1), the Secretary of the
Navy shall submit to the Secretary of Defense a report
on the program under such section. The report shall
include—
(A) the results of the evaluation under para-
graph (1);
117
(B) the Secretary’s conclusions and rec-
ommendation with respect to continuing to allow
nongovernment civilians to receive instruction and
the Naval Postgraduate School as part of a program
related to defense product development; and
(C) any proposals for legislative changes rec-
ommended by the Secretary.
(3) Not later than 60 days after receiving the report
of the Secretary of the Navy under paragraph (2), the Sec-
retary of Defense shall submit the report, together with
any comments that the Secretary considers appropriate,
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives.
Subtitle D—Decorations, Awards,
and Commendations
SEC. 531. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR TO ANDREW J. SMITH FOR VALOR
DURING THE CIVIL WAR.
(a) WAIVER
OF
TIME
LIMITATIONS.—Notwith-
standing the time limitations specified in section 3744 of
title 10, United States Code, or any other time limitation
with respect to the awarding of certain medals to persons
who served in the military service, the President may
award the medal of honor, posthumously, under section
118
3741 of that title to Andrew J. Smith of Clinton, Illinois,
for the acts of valor during the Civil War described in sub-
section (b).
(b) ACTION DESCRIBED.—The acts of valor referred
to in subsection (a) are the actions of Andrew J. Smith
during the Civil War on November 30, 1864, while serving
as an infantry corporal in the 55th Massachusetts Vol-
untary Infantry during the Battle of Honey Hill in South
Carolina.
SEC. 532. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR TO ED W. FREEMAN FOR VALOR DUR-
ING THE VIETNAM CONFLICT.
(a) WAIVER
OF
TIME
LIMITATIONS.—Notwith-
standing the time limitations specified in section 3744 of
title 10, United States Code, or any other time limitation
with respect to the awarding of certain medals to persons
who served in the military service, the President may
award the Medal of Honor, posthumously, under section
3741 of that title to Ed W. Freeman of Boise, Idaho, for
the acts of valor during the Vietnam Conflict described
in subsection (b).
(b) ACTION DESCRIBED.—The acts of valor referred
to in subsection (a) are the actions of Ed W. Freeman
on November 14, 1965, as a flight leader and second in
command of a 16-helicopter lift unit, serving in the grade
119
of captain at Landing Zone X-Ray in the battle of the
IaDrang Valley, Republic of Vietnam, with Alpha Com-
pany, 229th Assault Helicopter Battalion, 101st Cavalry
Division (Airmobile).
SEC. 533. CONSIDERATION OF PROPOSALS FOR POST-
HUMOUS OR HONORARY PROMOTIONS OR
APPOINTMENTS OF MEMBERS OR FORMER
MEMBERS OF THE ARMED FORCES AND
OTHER QUALIFIED PERSONS.
(a) IN GENERAL.—Chapter 80 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1563. Consideration of proposals for posthumous
and honorary promotions and appoint-
ments: procedures for review and rec-
ommendation
‘‘(a) REVIEW BY SECRETARY CONCERNED.—Upon
request of a Member of Congress, the Secretary concerned
shall review a proposal for the posthumous or honorary
promotion or appointment of a member or former member
of the armed forces, or any other person considered quali-
fied, that is not otherwise authorized by law. Based upon
such review, the Secretary shall make a determination as
to the merits of approving the posthumous or honorary
120
promotion or appointment and the other determinations
necessary to comply with subsection (b).
‘‘(b) NOTICE OF RESULTS OF REVIEW.—Upon mak-
ing a determination under subsection (a) as to the merits
of approving the posthumous or honorary promotion or
appointment, the Secretary concerned shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
and to the requesting Member of Congress notice in writ-
ing of one of the following:
‘‘(1) The posthumous or honorary promotion or
appointment does not warrant approval on the mer-
its.
‘‘(2) The posthumous or honorary promotion or
appointment warrants approval and authorization by
law for the promotion or appointment is rec-
ommended.
‘‘(3) The posthumous or honorary promotion or
appointment warrants approval on the merits and
has been recommended to the President as an excep-
tion to policy.
‘‘(4) The posthumous or honorary promotion or
appointment warrants approval on the merits and
authorization by law for the promotion or appoint-
ment is required but is not recommended.
121
A notice under paragraph (1) or (4) shall be accompanied
by a statement of the reasons for the decision of the Sec-
retary.
‘‘(c) DEFINITION.—In this section, the term ‘Member
of Congress’ means—
‘‘(1) a Senator; or
‘‘(2) a Representative in, or a Delegate or Resi-
dent Commissioner to, Congress.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1563. Consideration of proposals for posthumous and honorary promotions and
appointments: procedures for review and recommendation.’’.
SEC. 534. WAIVER OF TIME LIMITATIONS FOR AWARD OF
NAVY DISTINGUISHED FLYING CROSS TO
CERTAIN PERSONS.
(a) WAIVER.—Any limitation established by law or
policy for the time within which a recommendation for the
award of a military decoration or award must be sub-
mitted shall not apply to awards of decorations described
in this section, the award of each such decoration having
been determined by the Secretary concerned to be war-
ranted in accordance with section 1130 of title 10, United
States Code.
(b) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to the award of the Distinguished Flying Cross
122
for service during World War II or Korea (including mul-
tiple awards to the same individual) in the case of each
individual concerning whom the Secretary of the Navy (or
an officer of the Navy acting on behalf of the Secretary)
submitted to the Committee on Armed Services of the
House of Representatives and the Committee on Armed
Services of the Senate, during the period beginning on Oc-
tober 5, 1999, and ending on the day before the date of
the enactment of this Act, a notice as provided in section
1130(b) of title 10, United States Code, that the award
of the Distinguished Flying Cross to that individual is
warranted and that a waiver of time restrictions pre-
scribed by law for recommendation for such award is rec-
ommended.
SEC. 535. ADDITION OF CERTAIN INFORMATION TO MARK-
ERS ON GRAVES CONTAINING REMAINS OF
CERTAIN UNKNOWNS FROM THE U.S.S. ARI-
ZONA WHO DIED IN THE JAPANESE ATTACK
ON PEARL HARBOR ON DECEMBER 7, 1941.
(a) INFORMATION TO BE PROVIDED SECRETARY OF
VETERANS AFFAIRS.—The Secretary of the Army shall
provide to the Secretary of Veterans Affairs certain infor-
mation, as specified in subsection (b), pertaining to the
remains of certain unknown persons that are interred in
the National Memorial Cemetery of the Pacific, Honolulu,
123
Hawaii. The Secretary of Veterans Affairs shall add to
the inscriptions on the markers on the graves containing
those remains the information provided.
(b) INFORMATION TO BE ADDED—The information
to be added to grave markers under subsection (a)—
(1) shall be determined by the Secretary of the
Army, based on a review of the information that, as
of the date of the enactment of this Act, has been
authenticated by the director of the Navy Historical
Center, Washington, D.C., pertaining to the inter-
ment of remains of certain unknown casualties from
the U.S.S. ARIZONA who died as a result of the
Japanese attack on Pearl Harbor on December 7,
1941; and
(2) shall, at a minimum, indicate that the in-
terred remains are from the U.S.S. ARIZONA.
(c) LIMITATION OF SCOPE OF SECTION.—This sec-
tion does not impose any requirement on the Secretary
of the Army to undertake a review of any information per-
taining to the interred remains of any unknown person
other than as provided in subsection (b).
SEC. 536. SENSE OF THE CONGRESS REGARDING FINAL
CREW OF U.S.S. INDIANAPOLIS.
(a) FINDINGS.—Congress finds the following:
124
(1) Shortly after midnight on the night of July
30, 1945, during the closing days of World War II,
the United States Navy heavy cruiser U.S.S. INDI-
ANAPOLIS (CA–35) was torpedoed and sunk by a
Japanese submarine.
(2) Of the 1,196 crew members, only 316 sur-
vived the attack and subsequent 5-day ordeal adrift
at sea, the rest dying from battle wounds, drowning,
shark attacks, exposure, or lack of food and water,
making the sinking of the INDIANAPOLIS the
worst sea disaster in United States naval history.
(3) Following the rescue of the surviving crew
members, the commanding officer of the INDIAN-
APOLIS, Captain Charles Butler McVay III, who
survived the sinking and the ordeal at sea, was
charged with ‘‘suffering a vessel to be hazarded
through negligence’’ and was convicted by a court-
martial of that charge, notwithstanding a great
many extenuating circumstances, some of which
were not presented at the court-martial trial.
(4) Captain McVay had an excellent record
throughout his naval career before the sinking of the
INDIANAPOLIS, beginning with his graduation
from the United States Naval Academy in 1919 and
including an excellent combat record that included
125
participation in the landings in North Africa and
award of the Silver Star for courage under fire
earned during the Solomon Islands campaign.
(5) After assuming command of the INDIAN-
APOLIS on November 18, 1944, Captain McVay led
the ship during her participation in the assaults on
Iwo Jima and Okinawa.
(6) During the latter assault, the INDIANAP-
OLIS suffered a damaging kamikaze attack which
penetrated the ship’s hull, but the ship was made
seaworthy and skillfully returned by Captain McVay
and her crew to San Francisco for repairs.
(7) Following completion of those repairs, the
INDIANAPOLIS was given the mission of trans-
porting to the island of Tinian vital parts of the
atomic bomb which was dropped on Hiroshima, a
mission which was completed successfully on July
26, 1945, at a record average speed of 29 knots.
(8) Following the accomplishment of that mis-
sion, the INDIANAPOLIS sailed from Tinian to
Guam and from there embarked for Leyte Gulf in
the Philippines to join training with the fleet assem-
bling for the final assault on the Japanese mainland.
(9) As the INDIANAPOLIS began its trip
across the Philippine Sea on July 28, 1945, the war
126
was virtually over in that area of the south Pacific,
with hostilities having moved 1,000 miles to the
north, the Japanese navy’s surface fleet was non-
existent, and United States naval intelligence re-
ported only four operational Japanese submarines in
the entire Pacific theater of war, all of which re-
sulted in the state of alert among shore-based per-
sonnel routing and tracking the INDIANAPOLIS
across the Philippine Sea being affected accordingly.
(10) Before departure from Guam Captain
McVay requested a destroyer escort because his ship
was not equipped with antisubmarine detection de-
vices, but, despite the fact that no capital ship such
as the INDIANAPOLIS had made the transit be-
tween Guam and the Philippines without escort dur-
ing World War II, that request was denied, and a
1996 report by the Navy’s Judge Advocate General’s
office concedes that ‘‘Captain McVay and the rout-
ing officer did not discuss the availability of an es-
cort 
after 
the 
operations 
officer 
for
COMMARIANNAS confirmed that an escort was
not necessary’’.
(11) Although Captain McVay was informed of
‘‘submarine sightings’’ in the Philippine Sea, such
sightings were commonplace, and none of those re-
127
ported to Captain McVay had been confirmed, and
at the same time there was a failure to inform him
that a submarine within range of his path had sunk
the U.S.S. UNDERHILL 4 days before his depar-
ture from Guam.
(12) United States military intelligence activi-
ties, through a code-breaking system called ULTRA,
had learned that the Japanese submarine I–58 was
operating in the Philippine Sea area, but Captain
McVay was not told of this intelligence, which re-
mained classified as Top Secret until the early
1990’s, and this intelligence (and the fact that it
was withheld from Captain McVay when he sailed
from Guam) was not brought to light at his court-
martial.
(13) The INDIANAPOLIS was sunk by this
same submarine.
(14) the commander of that submarine,
Mochitsura Hashimoto, testified at the court-martial
that once he had detected the ship, he would have
been able to make a successful torpedo attack
whether or not the ship was zigzagging.
(15) With visibility severely limited by a heavy
overcast at approximately 11 p.m. on the night of
July 29, 1945, Captain McVay gave the order to
128
cease zigzagging and retired to his cabin and shortly
after midnight the INDIANAPOLIS was struck by
two torpedoes and sunk within 12 minutes.
(16) The formal charge upon which Captain
McVay was convicted for ‘‘suffering a vessel to be
hazarded through negligence’’ contained the phrase
‘‘in good visibility’’ in reference to the weather con-
ditions on that night, which is contrary to the recol-
lection of all survivors, who recall that the visibility
was very poor.
(17) After the INDIANAPOLIS was sunk, var-
ious Navy shore offices compounded the previous er-
rors which had led to the ship being placed in jeop-
ardy by failing to report the ship’s overdue arrival,
thus leaving the approximately 950 members of the
crew who survived the sinking of the ship adrift for
4 days and five nights until by chance the survivors
were spotted by a routine air patrol.
(18) A court of inquiry to investigate the sink-
ing was convened in Guam on August 13, 1945, just
2 weeks after the sinking and 9 days after the sur-
vivors were rescued (a date so soon after the sinking
that Captain William Hillbert, the Navy judge advo-
cate for the inquiry, admitted that the inquiry was
so rushed that they were ‘‘* * * starting the pro-
129
ceedings without having available all the necessary
data’’) and recommended that Captain McVay be
issued a Letter of Reprimand and that he be court-
martialed.
(19) The headquarters staff of CINCPAC
(commanded by Fleet Admiral Chester Nimitz) dis-
agreed with the recommendation of the court of in-
quiry, stating that in not maintaining a zigzag
course Captain McVay at worst was guilty only of an
error in judgment and not gross negligence and con-
cluded that the rule requiring zigzagging would not
have applied in any event since Captain McVay’s or-
ders gave him discretion on that matter and took
precedence over all other orders (a point that was
never made by Captain McVay’s attorney during the
court-martial).
(20) The Department of the Navy delayed the
announcement of the sinking of the INDIANAP-
OLIS for almost 2 weeks to coincide with the an-
nouncement of the surrender of Japan, thus divert-
ing attention from the magnitude of the disaster and
lessening its public impact, and then, despite opposi-
tion by Admiral Nimitz and Admiral Raymond
Spruance (for whom the INDIANAPOLIS had
served as flagship), it brought court-martial charges
130
against Captain McVay in a rare instance when a
commanding officer’s recommendations are con-
travened.
(21) Captain McVay thus became the first
United States Navy commanding officer brought to
trial for losing his ship in combat during World War
II, despite the fact that over 700 ships were lost
during World War II, including some under ques-
tionable circumstances.
(22) Captain McVay was convicted on February
23, 1946, on the charge of ‘‘suffering a vessel to be
hazarded through negligence’’, thus permanently
damaging his career as a naval officer, although
when Admiral Nimitz was advanced to the position
of Chief of Naval Operations later that same year,
he remitted Captain McVay’s sentence and restored
him to active duty.
(23) Following his court-martial conviction,
Captain McVay remained on active duty until retir-
ing in 1949 upon completion of 30 years of active
naval service, with a final promotion, in accordance
with then-applicable law, to the grade of rear admi-
ral, effective upon the date of his retirement.
(24) Rear Admiral Charles Butler McVay III
(retired), died on November 6, 1968, without having
131
been exonerated from responsibility for the loss of
his ship and the lives of 880 members of her crew.
(25) The survivors of the INDIANAPOLIS still
living have remained steadfast in their support of
the exoneration of Captain McVay.
(26) In 1993, Congress, in section 1165 of the
National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 107 Stat. 1765; 16
U.S.C. 431 note), recognized the memorial to the
U.S.S. INDIANAPOLIS (CA–35) in Indianapolis,
Indiana, as the national memorial to that historic
warship and to her final crew.
(27) In 1994, Congress, in section 1052 of the
National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2844), stat-
ing that it was acting on behalf of the grateful peo-
ple of the United States—
(A) recognized the invaluable contributions
of the U.S.S. INDIANAPOLIS to the ending of
World War II; and
(B) on the occasion of the 50th anniver-
sary of her tragic sinking, and the dedication of
the national memorial in Indianapolis on July
30, 1995, commended that ship and her crew
132
for selfless and heroic service to the United
States.
(b) COURT-MARTIAL CONVICTION OF CHARLES BUT-
LER MCVAY, III.—It is the sense of the Congress that—
(1) the court-martial charges against then-Cap-
tain Charles Butler McVay III, United States Navy,
arising from the sinking of the U.S.S. INDIANAP-
OLIS (CA–35) on July 30, 1945, while under his
command were not morally sustainable;
(2) Captain McVay’s conviction was a mis-
carriage of justice that led to his unjust humiliation
and damage to his naval career; and
(3) the American people should now recognize
Captain McVay’s lack of culpability for the tragic
loss of the U.S.S. INDIANAPOLIS and the lives of
the men who died as a result of her sinking.
(c) PRESIDENTIAL UNIT CITATION.—(1) It is the
sense of the Congress that the President should award a
Presidential Unit Citation to the final crew of the U.S.S.
INDIANAPOLIS (CA–35) in recognition of the courage
and fortitude displayed by the members of that crew in
the face of tremendous hardship and adversity after their
ship was torpedoed and sunk on July 30, 1945.
(2) A citation described in paragraph (1) may be
awarded without regard to any provision of law or regula-
133
tion prescribing a time limitation that is otherwise applica-
ble with respect to recommendation for, or the award of,
such a citation.
SEC. 537. POSTHUMOUS ADVANCEMENT OF REAR ADMIRAL
(RETIRED) HUSBAND E. KIMMEL AND MAJOR
GENERAL (RETIRED) WALTER C. SHORT ON
RETIRED LISTS.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The late Rear Admiral (retired) Husband
E. Kimmel, formerly serving in the grade of admiral
as the Commander in Chief of the United States
Fleet and the Commander in Chief, United States
Pacific Fleet, had an excellent and unassailable
record throughout his career in the United States
Navy prior to the December 7, 1941, attack on
Pearl Harbor.
(2) The late Major General (retired) Walter C.
Short, formerly serving in the grade of lieutenant
general as the Commander of the United States
Army Hawaiian Department, had an excellent and
unassailable record throughout his career in the
United States Army prior to the December 7, 1941,
attack on Pearl Harbor.
134
(3) Numerous investigations following the at-
tack on Pearl Harbor have documented that then
Admiral Kimmel and then Lieutenant General Short
were not provided necessary and critical intelligence
that was available, that foretold of war with Japan,
that warned of imminent attack, and that would
have alerted them to prepare for the attack, includ-
ing such essential communiques as the Japanese
Pearl Harbor Bomb Plot message of September 24,
1941, and the message sent from the Imperial Japa-
nese Foreign Ministry to the Japanese Ambassador
in the United States from December 6–7, 1941,
known as the Fourteen-Part Message.
(4) On December 16, 1941, Admiral Kimmel
and Lieutenant General Short were relieved of their
commands and returned to their permanent ranks of
rear admiral and major general.
(5) Admiral William Harrison Standley, who
served as a member of the investigating commission
known as the Roberts Commission that accused Ad-
miral Kimmel and Lieutenant General Short of
‘‘dereliction of duty’’ only 6 weeks after the attack
on Pearl Harbor, later disavowed the report main-
taining that ‘‘these two officers were martyred’’ and
135
‘‘if they had been brought to trial, both would have
been cleared of the charge’’.
(6) On October 19, 1944, a Naval Court of
Inquiry—
(A) exonerated Admiral Kimmel on the
grounds that his military decisions and the dis-
position of his forces at the time of the Decem-
ber 7, 1941, attack on Pearl Harbor were prop-
er ‘‘by virtue of the information that Admiral
Kimmel had at hand which indicated neither
the probability nor the imminence of an air at-
tack on Pearl Harbor’’;
(B) criticized the higher command for not
sharing with Admiral Kimmel ‘‘during the very
critical period of 26 November to 7 December
1941, important information * * * regarding
the Japanese situation’’; and
(C) concluded that the Japanese attack
and its outcome was attributable to no serious
fault on the part of anyone in the naval service.
(7) On June 15, 1944, an investigation con-
ducted by Admiral T. C. Hart at the direction of the
Secretary of the Navy produced evidence, subse-
quently confirmed, that essential intelligence con-
cerning Japanese intentions and war plans was
136
available in Washington but was not shared with Ad-
miral Kimmel.
(8) On October 20, 1944, the Army Pearl Har-
bor Board of Investigation determined that—
(A) Lieutenant General Short had not
been kept ‘‘fully advised of the growing tense-
ness of the Japanese situation which indicated
an increasing necessity for better preparation
for war’’;
(B) detailed information and intelligence
about Japanese intentions and war plans were
available in ‘‘abundance’’, but were not shared
with Lieutenant General Short’s Hawaii com-
mand; and
(C) Lieutenant General Short was not pro-
vided ‘‘on the evening of December 6th and the
early morning of December 7th, the critical in-
formation indicating an almost immediate break
with Japan, though there was ample time to
have accomplished this’’.
(9) The reports by both the Naval Court of In-
quiry and the Army Pearl Harbor Board of Inves-
tigation were kept secret, and Rear Admiral (re-
tired) Kimmel and Major General (retired) Short
137
were denied their requests to defend themselves
through trial by court-martial.
(10) The joint committee of Congress that was
established to investigate the conduct of Admiral
Kimmel and Lieutenant General Short completed, on
May 31, 1946, a 1,075-page report which included
the conclusions of the committee that the two offi-
cers had not been guilty of dereliction of duty.
(11) The Officer Personnel Act of 1947, in es-
tablishing a promotion system for the Navy and the
Army, provided a legal basis for the President to
honor any officer of the Armed Forces of the United
States who served his country as a senior com-
mander during World War II with a placement of
that officer, with the advice and consent of the Sen-
ate, on the retired list with the highest grade held
while on the active duty list.
(12) On April 27, 1954, the then Chief of
Naval Personnel, Admiral J. L. Holloway, Jr., rec-
ommended that Rear Admiral Kimmel be advanced
in rank in accordance with the provisions of the Of-
ficer Personnel Act of 1947.
(13) On November 13, 1991, a majority of the
members of the Board for the Correction of Military
Records of the Department of the Army found that
138
the late Major General (retired) Short ‘‘was unjustly
held responsible for the Pearl Harbor disaster’’ and
that ‘‘it would be equitable and just’’ to advance him
to the rank of lieutenant general on the retired list’’.
(14) In October 1994, the then Chief of Naval
Operations, Admiral Carlisle Trost, withdrew his
1988 recommendation against the advancement of
Rear Admiral (retired) Kimmel (by then deceased)
and recommended that the case of Rear Admiral
Kimmel be reopened.
(15) Although the Dorn Report, a report on the
results of a Department of Defense study that was
issued on December 15, 1995, did not provide sup-
port for an advancement of the late Rear Admiral
(retired) Kimmel or the late Major General (retired)
Short in grade, it did set forth as a conclusion of the
study that ‘‘responsibility for the Pearl Harbor dis-
aster should not fall solely on the shoulders of Admi-
ral Kimmel and Lieutenant General Short, it should
be broadly shared’’.
(16) The Dorn Report found—
(A) that ‘‘Army and Navy officials in
Washington were privy to intercepted Japanese
diplomatic communications * * * which pro-
139
vided crucial confirmation of the imminence of
war’’;
(B) that ‘‘the evidence of the handling of
these messages in Washington reveals some in-
eptitude, some unwarranted assumptions and
misestimations, limited coordination, ambiguous
language, and lack of clarification and follow-up
at higher levels’’; and
(C) that ‘‘together, these characteristics re-
sulted in failure * * * to appreciate fully and
to convey to the commanders in Hawaii the
sense of focus and urgency that these intercepts
should have engendered’’.
(17) On July 21, 1997, Vice Admiral David C.
Richardson (United States Navy, retired) responded
to the Dorn Report with his own study which con-
firmed findings of the Naval Court of Inquiry and
the Army Pearl Harbor Board of Investigation and
established, among other facts, that the war effort
in 1941 was undermined by a restrictive intelligence
distribution policy, and the degree to which the com-
manders of the United States forces in Hawaii were
not alerted about the impending attack on Hawaii
was directly attributable to the withholding of intel-
140
ligence from then Admiral Kimmel and Lieutenant
General Short.
(18) Rear Admiral (retired) Kimmel and Major
General (retired) Short are the only two officers eli-
gible for advancement under the Officer Personnel
Act of 1947 as senior World War II commanders
who were excluded from the list of retired officers
presented for advancement on the retired lists to
their highest wartime ranks under that Act.
(19) This singular exclusion from advancement
of Rear Admiral (retired) Kimmel and Major Gen-
eral (retired) Short from the Navy retired list and
the Army retired list, respectively, serves only to
perpetuate the myth that the senior commanders in
Hawaii were derelict in their duty and responsible
for the success of the attack on Pearl Harbor, and
is a distinct and unacceptable expression of dishonor
toward two of the finest officers who have served in
the Armed Forces of the United States.
(20) Major General (retired) Walter Short died
on September 23, 1949, and Rear Admiral (retired)
Husband Kimmel died on May 14, 1968, without
having been accorded the honor of being returned to
their wartime ranks as were their fellow veterans of
World War II.
141
(21) The Veterans of Foreign Wars, the Pearl
Harbor Survivors Association, the Admiral Nimitz
Foundation, the Naval Academy Alumni Association,
the Retired Officers Association, the Pearl Harbor
Commemorative Committee, and other associations
and numerous retired military officers have called
for the rehabilitation of the reputations and honor of
the late Rear Admiral (retired) Kimmel and the late
Major General (retired) Short through their post-
humous advancement on the retired lists to their
highest wartime grades.
(b) REQUEST
FOR ADVANCEMENT
ON RETIRED
LISTS.—(1) The President is requested—
(A) to advance the late Rear Admiral (retired)
Husband E. Kimmel to the grade of admiral on the
retired list of the Navy; and
(B) to advance the late Major General (retired)
Walter C. Short to the grade of lieutenant general
on the retired list of the Army.
(2) Any advancement in grade on a retired list re-
quested under paragraph (1) shall not increase or other-
wise modify the compensation or benefits from the United
States to which any person is now or may in the future
be entitled based upon the military service of the officer
advanced.
142
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that—
(1) the late Rear Admiral (retired) Husband E.
Kimmel performed his duties as Commander in
Chief, United States Pacific Fleet, competently and
professionally, and, therefore, the losses incurred by
the United States in the attacks on the naval base
at Pearl Harbor, Hawaii, and other targets on the
island of Oahu, Hawaii, on December 7, 1941, were
not a result of dereliction in the performance of
those duties by the then Admiral Kimmel; and
(2) the late Major General (retired) Walter C.
Short performed his duties as Commanding General,
Hawaiian Department, competently and profes-
sionally, and, therefore, the losses incurred by the
United States in the attacks on Hickam Army Air
Field and Schofield Barracks, Hawaii, and other
targets on the island of Oahu, Hawaii, on December
7, 1941, were not a result of dereliction in the per-
formance of those duties by the then Lieutenant
General Short.
SEC. 538. COMMENDATION OF CITIZENS OF REMY, FRANCE,
FOR WORLD WAR II ACTIONS.
(a) FINDINGS.—The Congress finds the following:
143
(1) On August 2, 1944, a squadron of P–51s
from the United States 364th Fighter Group strafed
a German munitions train in Remy, France.
(2) The resulting explosion killed Lieutenant
Houston Braly, one of the attacking pilots, and de-
stroyed much of the village of Remy, including seven
stained glass windows in the 13th Century church.
(3) Despite threats of reprisals from the occu-
pying German authorities, the citizens of Remy re-
covered Lieutenant Braly’s body from the wreckage,
buried his body with dignity and honor in the
church’s cemetery, and decorated the grave site daily
with fresh flowers.
(4) On Armistice Day, 1995, the village of
Remy renamed the crossroads near the site of Lieu-
tenant Braly’s death in his honor.
(5) The surviving members of the 364th Fight-
er Group desire to express their gratitude to the
brave citizens of Remy.
(6) To express their gratitude, the surviving
members of the 364th Fighter Group have organized
a nonprofit corporation to raise funds, through its
project ‘‘Windows for Remy’’, to restore the church’s
stained glass windows.
144
(b) COMMENDATION AND RECOGNITION.—The Con-
gress commends the bravery and honor of the citizens of
Remy, France, for their actions with respect to the Amer-
ican fighter pilot Lieutenant Houston Braly during and
after August 1944, and recognizes the efforts of the sur-
viving members of the United States 364th Fighter Group
to raise funds to restore the stained glass windows of
Remy’s 13th Century church.
Subtitle E—Military Justice
Matters
SEC. 541. RECOGNITION BY STATES OF MILITARY TESTA-
MENTARY INSTRUMENTS.
(a) IN GENERAL.—Chapter 53 of title 10, United
States Code, is amended by inserting after section 1044c
the following new section:
‘‘§ 1044d. Military testamentary instruments: require-
ment for recognition by States
‘‘(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN
LEGAL EFFECT.—A military testamentary instrument—
‘‘(1) is exempt from any requirement of form,
formality, or recording before probate that is pro-
vided for testamentary instruments under the laws
of a State; and
‘‘(2) has the same legal effect as a testa-
mentary instrument prepared and executed in ac-
145
cordance with the laws of the State in which it is
presented for probate.
‘‘(b) MILITARY TESTAMENTARY INSTRUMENTS.—
For purposes of this section, a military testamentary in-
strument is an instrument that is prepared with testa-
mentary intent in accordance with regulations prescribed
under this section and that—
‘‘(1) is executed in accordance with subsection
(c) by (or on behalf of) a person, as a testator, who
is eligible for military legal assistance;
‘‘(2) makes a disposition of property of the tes-
tator; and
‘‘(3) takes effect upon the death of the testator.
‘‘(c) REQUIREMENTS FOR EXECUTION OF MILITARY
TESTAMENTARY INSTRUMENTS.—An instrument is valid
as a military testamentary instrument only if—
‘‘(1) the instrument is executed by the testator
(or, if the testator is unable to execute the instru-
ment personally, the instrument is executed in the
presence of, by the direction of, and on behalf of the
testator);
‘‘(2) the instrument is executed in the presence
of a military legal assistance counsel acting as pre-
siding attorney;
146
‘‘(3) the instrument is executed in the presence
of at least two disinterested witnesses (in addition to
the presiding attorney), each of whom attests to wit-
nessing the testator’s execution of the instrument by
signing it; and
‘‘(4) the instrument is executed in accordance
with such additional requirements as may be pro-
vided in regulations prescribed under this section.
‘‘(d) SELF-PROVING MILITARY TESTAMENTARY IN-
STRUMENTS.—(1) If the document setting forth a military
testamentary instrument meets the requirements of para-
graph (2), then the signature of a person on the document
as the testator, an attesting witness, a notary, or the pre-
siding attorney, together with a written representation of
the person’s status as such and the person’s military grade
(if any) or other title, is prima facie evidence of the fol-
lowing:
‘‘(A) That the signature is genuine.
‘‘(B) That the signatory had the represented
status and title at the time of the execution of the
will.
‘‘(C) That the signature was executed in com-
pliance with the procedures required under the regu-
lations prescribed under subsection (f).
147
‘‘(2) A document setting forth a military testa-
mentary instrument meets the requirements of this para-
graph if it includes (or has attached to it), in a form and
content required under the regulations prescribed under
subsection (f), each of the following:
‘‘(A) A certificate, executed by the testator,
that includes the testator’s acknowledgment of the
testamentary instrument.
‘‘(B) An affidavit, executed by each witness
signing the testamentary instrument, that attests to
the circumstances under which the testamentary in-
strument was executed.
‘‘(C) A notarization, including a certificate of
any administration of an oath required under the
regulations, that is signed by the notary or other of-
ficial administering the oath.
‘‘(e) STATEMENT TO BE INCLUDED.—(1) Under reg-
ulations prescribed under this section, each military testa-
mentary instrument shall contain a statement that sets
forth the provisions of subsection (a).
‘‘(2) Paragraph (1) shall not be construed to make
inapplicable the provisions of subsection (a) to a testa-
mentary instrument that does not include a statement de-
scribed in that paragraph.
148
‘‘(f) REGULATIONS.—Regulations for the purposes of
this section shall be prescribed jointly by the Secretary
of Defense and by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as
a service in the Department of the Navy.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘person eligible for military legal
assistance’ means a person who is eligible for legal
assistance under section 1044 of this title.
‘‘(2) The term ‘military legal assistance counsel’
means—
‘‘(A) a judge advocate (as defined in sec-
tion 801(13) of this title); or
‘‘(B) a civilian attorney serving as a legal
assistance officer under the provisions of sec-
tion 1044 of this title.
‘‘(3) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
and each possession of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 1044c the following new
item:
‘‘1044d. Military testamentary instruments: requirement for recognition by
States.’’.
149
SEC. 542. PROBABLE CAUSE REQUIRED FOR ENTRY OF
NAMES OF SUBJECTS INTO OFFICIAL CRIMI-
NAL INVESTIGATIVE REPORTS.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding after section 1563, as
added by section 533(a), the following new section:
‘‘§ 1564. Military criminal investigations: probable
cause required for entry of names of sub-
jects into official investigative reports
‘‘(a) PROBABLE CAUSE REQUIRED FOR ‘TITLING’.—
The Secretary of Defense shall require that an employee
of a military criminal investigative organization or a mem-
ber of the armed forces assigned to a military criminal
investigative organization, in connection with the inves-
tigation of a reported crime, may not designate any per-
son, by name or by any other identifying information, as
a suspect in the case in any official investigative report,
or in a central index for potential retrieval and analysis
by law enforcement organizations, unless there is probable
cause to believe that that person committed the crime.
‘‘(b) STANDARD FOR REMOVAL OF ‘TITLING’ INFOR-
MATION FROM RECORDS.—The Secretary of Defense shall
establish a uniform standard applicable throughout the
Department of Defense for removal from an official inves-
tigative report of a reported crime, and from any applica-
ble central index, of the name of a person (and any other
150
identifying information about that person) that was en-
tered in the report or index to designate that person as
a suspect in the case when it is subsequently determined
that there is not probable cause to believe that that person
committed the crime.
‘‘(c) CRIMINAL INVESTIGATIVE ORGANIZATION DE-
FINED.—In this section, the term ‘criminal investigative
organization’ means any of the following:
‘‘(1) The Defense Criminal Investigative Service
(or any successor to that service).
‘‘(2) The Army Criminal Investigation Com-
mand (or any successor to that command).
‘‘(3) The Naval Criminal Investigative Service
(or any successor to that service).
‘‘(4) The Air Force Office of Special Investiga-
tions (or any successor to that office).’’.
(2) The table of sections at the beginning of such
chapter is amended by adding after the item relating to
section 1563, as added by section 533(b), the following
new item:
‘‘1564. Military criminal investigations: probable cause required for entry of
names of subjects into official investigative reports.’’.
(b) EFFECTIVE DATE.—Section 1564 of title 10,
United States Code, as added by subsection (a), shall take
effect at the end of the 180-day period beginning on the
date of the enactment of this Act.
151
SEC. 543. COLLECTION AND USE OF DNA IDENTIFICATION
INFORMATION FROM VIOLENT AND SEXUAL
OFFENDERS IN THE ARMED FORCES.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding after section 1564, as
added by section 542(a)(1), the end the following new sec-
tion:
‘‘§ 1565. DNA identification information: collection
from violent and sexual offenders; use
‘‘(a) COLLECTION
OF DNA SAMPLES.—The Sec-
retary concerned shall collect a DNA sample from each
member of the armed forces under the Secretary’s juris-
diction who is, or has been, convicted of a qualifying mili-
tary offense (as determined under subsection (e)).
‘‘(b) ANALYSIS OF SAMPLES.—The Secretary con-
cerned shall furnish each DNA sample collected under
subsection (a) to the Secretary of Defense. The Secretary
of Defense shall carry out a DNA analysis on each such
DNA sample.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘DNA sample’ means a tissue,
fluid, or other bodily sample of an individual on
which a DNA analysis can be carried out.
‘‘(2) The term ‘DNA analysis’ means analysis
of the deoxyribonucleic acid (DNA) identification in-
formation in a bodily sample.
152
‘‘(d) USE IN CODIS.—(1) The Secretary of Defense
shall furnish the results of each DNA analysis carried out
under subsection (b) to the Director of the Federal Bu-
reau of Investigation for use in the Combined DNA Index
System (in this section referred to as ‘CODIS’) of the
Federal Bureau of Investigation.
‘‘(2) The Secretary of Defense, in consultation with
the Director of the Federal Bureau of Investigation, shall
establish procedures providing that if a DNA sample has
been collected from a person pursuant to subsection (a),
and the Secretary receives notice that each conviction of
that person of a qualifying military offense has been over-
turned, the Secretary shall promptly transmit a notice of
that fact to the Director in accordance with section
210304(d) of the Violent Crime Control and Law Enforce-
ment Act of 1994.
‘‘(e) QUALIFYING MILITARY OFFENSES.—(1) Subject
to paragraph (2), the Secretary of Defense, in consultation
with the Attorney General, shall determine those violent
or sexual offenses under the Uniform Code of Military
Justice that shall be considered for purposes of this sec-
tion as qualifying military offenses.
‘‘(2) An offense under the Uniform Code of Military
Justice that is equivalent to a serious violent felony (as
that term is defined in section 3559(c)(2)(F) of title 18),
153
as determined by the Secretary in consultation with the
Attorney General, shall be considered for purposes of this
section as a qualifying military offense.
‘‘(f) WAIVER.—The Secretary of Defense may waive
the requirement of subsection (a) for a member if CODIS
contains a DNA analysis with respect to that member.
‘‘(g) REGULATIONS.—This section shall be carried
out under regulations prescribed by the Secretary of De-
fense, in consultation with the Secretary of Transportation
and the Attorney General. Those regulations shall apply,
to the extent practicable, uniformly throughout the armed
forces.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding after the item relating to
section 1564, as added by section 542(a)(2), the following
new item:
‘‘1565. DNA identification information: collection from violent and sexual of-
fenders; use.’’.
(b) INITIAL DETERMINATION OF QUALIFYING MILI-
TARY OFFENSES.—The initial determination of qualifying
military offenses under section 1565(e) of title 10, United
States Code, as added by subsection (a)(1), shall be made
not later than 120 days after the date of the enactment
of this Act.
154
(c) EXPANSION OF DNA IDENTIFICATION INDEX.—
Section 811(a) of the Antiterrorism and Effective Death
Penalty Act of 1996 (28 U.S.C. 531 note) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) the Director of the Federal Bureau of In-
vestigation shall expand the combined DNA Identi-
fication System (CODIS) to include analyses of
DNA samples collected from members of the Armed
Forces convicted of a qualifying military offense in
accordance with section 1565 of title 10, United
States Code.’’.
(d) INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMATION.—Sec-
tion 210304 of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 14132) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
155
(C) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) analyses of DNA samples collected from
members of the Armed Forces convicted of a quali-
fying military offense in accordance with section
1565 of title 10, United States Code.’’;
(2) in subsection (b)(2), by striking ‘‘, at reg-
ular intervals of not to exceed 180 days,’’ and insert-
ing ‘‘semiannual’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) EXPUNGEMENT OF RECORDS OF MILITARY OF-
FENDERS.—If the Director of the Federal Bureau of In-
vestigation receives a notice transmitted under section
1565(d)(2) of title 10, United States Code, the Director
shall promptly expunge from the index described in sub-
section (a) any DNA analysis furnished under section
1565(d)(1) of such title with respect to the person de-
scribed in the notice.’’.
156
SEC. 544. CLARIFICATION AND REAFFIRMATION OF THE IN-
TENT 
OF 
CONGRESS 
REGARDING 
THE
COURT-MARTIAL 
SENTENCE 
OF 
CONFINE-
MENT FOR LIFE WITHOUT ELIGIBILITY FOR
PAROLE.
(a) CLARIFICATION OF EFFECT OF SENTENCE.—(1)
Section 856a(b) of title 10, United States Code (article
56a of the Uniform Code of Military Justice), is
amended—
(1) by striking ‘‘unless—’’ and inserting ‘‘un-
less the sentence (or a portion of the sentence in-
cluding that part of the sentence providing for con-
finement for life without eligibility for parole)—’’;
(2) by striking paragraph (1) and inserting the
following:
‘‘(1) is set aside or otherwise modified as a re-
sult of—
‘‘(A) action taken under section 860 of this
title (article 60) by the convening authority or
another person authorized to act under that
section; or
‘‘(B) any other action taken during post-
trial procedure and review under any other pro-
vision of subchapter IX;
(3) in paragraph (2), by striking ‘‘the sen-
tence’’; and
157
(4) by striking paragraph (3) and inserting the
following:
‘‘(3) a reprieve or pardon by the President.’’.
(b) OFFICERS SENTENCED
TO DISMISSAL.—Sub-
section (b) of section 871 of such title (article 71) is
amended by inserting after the second sentence the fol-
lowing new sentence: ‘‘However, if the sentence extends
to confinement for life without eligibility for parole, that
part of the sentence providing for confinement for life
without eligibility for parole may not be commuted, remit-
ted, or suspended.’’.
(c) ACTION BY CONVENING AUTHORITY AFTER SEN-
TENCE ORDERED EXECUTED.—Subsection (d) of that
section is amended by adding at the end the following new
sentence: ‘‘In the case of a sentence that extends to con-
finement for life without eligibility for parole, that part
of the sentence extending to confinement for life without
eligibility for parole may not be suspended after it is or-
dered executed.’’.
(d) SECRETARIAL AUTHORITY TO REMIT OR SUS-
PEND SENTENCE.—Section 874(a) of such title (article
74(a)) is amended by inserting before the period at the
end the following: ‘‘or, in the case of a sentence that ex-
tends to confinement for life without eligibility for parole,
158
that part of the sentence that extends to confinement for
life without eligibility for parole’’.
(e) PAROLE.—Section 952 of that title is amended
by adding at the end the following new subsection:
‘‘(c) Parole may not be granted for an offender serv-
ing a sentence of confinement for life without eligibility
for parole.’’.
(f) REMISSION OR SUSPENSION OF SENTENCE.—Sec-
tion 953 of such title is amended by inserting in para-
graph (1) after ‘‘selected offenders’’ the following: ‘‘other
than offenders serving a sentence of confinement for life
without eligibility for parole’’.
SEC. 545. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF
MILITARY DEPARTMENT CRIMINAL INVES-
TIGATIVE ORGANIZATIONS TO EXECUTE WAR-
RANTS AND MAKE ARRESTS.
(a) DEPARTMENT OF THE ARMY.—(1) Chapter 373
of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 4027. Civilian special agents of the Criminal Inves-
tigation Command: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Army may
authorize any Department of the Army civilian employee
described in subsection (b) to have the same authority to
159
execute and serve warrants and other processes issued
under the authority of the United States and to make ar-
rests without a warrant as may be authorized under sec-
tion 1585a of this title for special agents of the Defense
Criminal Investigative Service.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)
applies to any employee of the Department of the Army
who is a special agent of the Army Criminal Investigation
Command (or a successor to that command) whose duties
include conducting, supervising, or coordinating investiga-
tions of criminal activity in programs and operations of
the Department of the Army.
‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—
The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Sec-
retary of the Army and approved by the Secretary of De-
fense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Army, the
Secretary of Defense, or the Attorney General.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end following new
item:
‘‘4027. Civilian special agents of the Criminal Investigation Command: authority
to execute warrants and make arrests.’’.
160
(b) DEPARTMENT OF THE NAVY.—(1) Chapter 643
of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 7451. Special agents of the Naval Criminal Inves-
tigative Service: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Navy may
authorize any Department of the Navy civilian employee
described in subsection (b) to have the same authority to
execute and serve warrants and other processes issued
under the authority of the United States and to make ar-
rests without a warrant as may be authorized under sec-
tion 1585a of this title for special agents of the Defense
Criminal Investigative Service.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)
applies to any employee of the Department of the Navy
who is a special agent of the Naval Criminal Investigative
Service (or any successor to that service) whose duties in-
clude conducting, supervising, or coordinating investiga-
tions of criminal activity in programs and operations of
the Department of the Navy.
‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—
The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Sec-
retary of the Navy and approved by the Secretary of De-
161
fense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Navy, the
Secretary of Defense, or the Attorney General.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end following new
item:
‘‘7451. Special agents of the Naval Criminal Investigative Service: authority to
execute warrants and make arrests.’’.
(c) DEPARTMENT OF THE AIR FORCE.—(1) Chapter
873 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 9027. Civilian special agents of the Office of Spe-
cial Investigations: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Air Force
may authorize any Department of the Air Force civilian
employee described in subsection (b) to have the same au-
thority to execute and serve warrants and other processes
issued under the authority of the United States and to
make arrests without a warrant as may be authorized
under section 1585a of this title for special agents of the
Defense Criminal Investigative Service.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)
applies to any employee of the Department of the Air
Force who is a special agent of the Air Force Office of
Special Investigations (or a successor to that office) whose
162
duties include conducting, supervising, or coordinating in-
vestigations of criminal activity in programs and oper-
ations of the Department of the Air Force.
‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—
The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Sec-
retary of the Air Force and approved by the Secretary of
Defense and the Attorney General and any other applica-
ble guidelines prescribed by the Secretary of the Air Force,
the Secretary of Defense, or the Attorney General.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end following new
item:
‘‘9027. Civilian special agents of the Office of Special Investigations: authority
to execute warrants and make arrests.’’.
Subtitle F—Other Matters
SEC. 551. FUNERAL HONORS DUTY COMPENSATION.
(a) COMPENSATION OF MEMBERS OF THE NATIONAL
GUARD.—Section 115(b)(2) of title 32, United States
Code, is amended by inserting before the period at the
end the following: ‘‘or compensation at the rate prescribed
in section 206 of title 37’’.
(b) COMPENSATION OF MEMBERS OF A RESERVE
COMPONENT.—Section 12503(b)(2) of title 10, United
States Code, is amended by inserting before the period at
163
the end the following: ‘‘or compensation at the rate pre-
scribed in section 206 of title 37’’.
(c) CONFORMING AMENDMENT.—Section 435(c) of
title 37, United States Code, is repealed.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to funeral honors duty
performed on or after October 1, 2000.
SEC. 552. TEST OF ABILITY OF RESERVE COMPONENT IN-
TELLIGENCE UNITS AND PERSONNEL TO
MEET CURRENT AND EMERGING DEFENSE
INTELLIGENCE NEEDS.
(a) TEST PROGRAM REQUIRED.—(1) Beginning not
later than June 1, 2001, the Secretary of Defense shall
conduct a 3-year test program of reserve component intel-
ligence units and personnel. The purpose of the test pro-
gram shall be—
(A) to determine the most effective peacetime
structure and operational employment of reserve
component intelligence assets for meeting current
and future Department of Defense peacetime oper-
ational intelligence requirements; and
(B) to establish a means to coordinate and
transition that peacetime intelligence operational
support network into use for meeting wartime re-
quirements.
164
(2) The test program shall be carried out using the
Joint Reserve Intelligence Program and appropriate re-
serve component intelligence units and personnel.
(3) In conducting the test program, the Secretary of
Defense shall expand the current Joint Reserve Intel-
ligence Program as needed to meet the objectives of the
test program.
(b) OVERSIGHT PANEL.—The Secretary shall estab-
lish an oversight panel to structure the test program so
as to achieve the objectives of the test program, ensure
proper funding for the test program, and oversee the con-
duct and evaluation of the test program. The panel mem-
bers shall include—
(1) the Assistant Secretary of Defense for Com-
mand, Control, Communications and Intelligence;
(2) the Assistant Secretary of Defense for Re-
serve Affairs; and
(3) representatives from the Defense Intel-
ligence Agency, the Army, Navy, Air Force, and Ma-
rine Corps, the Joint Staff, and the combatant com-
mands.
(c) TEST PROGRAM OBJECTIVES.—The test program
shall have the following objectives:
(1) To identify the range of peacetime roles and
missions that are appropriate for reserve component
165
intelligence units and personnel, including the fol-
lowing missions: counterdrug, counterintelligence,
counterterrorism, information operations, informa-
tion warfare, and other emerging threats.
(2) To recommend a process for justifying and
validating reserve component intelligence force struc-
ture and manpower to support the peacetime roles
and missions identified under paragraph (1) and to
establish a means to coordinate and transition that
peacetime operational support network and structure
into wartime requirements.
(3) To provide, pursuant to paragraphs (1) and
(2), the basis for new or revised intelligence and re-
serve component policy guidelines for the peacetime
use, organization, management, infrastructure ,and
funding of reserve component intelligence units and
personnel.
(4) To determine the most effective structure,
organization, manning, and management of Joint
Reserve Intelligence Centers to enable them to be
both reserve training facilities and virtual collabo-
rative production facilities in support of Department
of Defense peacetime operational intelligence re-
quirements.
166
(5) To determine the most effective uses of
technology for virtual collaborative intelligence oper-
ational support during peacetime and wartime.
(6) To determine personnel and career manage-
ment initiatives or modifications that are required to
improve the recruiting and retention of personnel in
the reserve component intelligence specialties and oc-
cupational skills.
(7) To identify and make recommendations for
the elimination of statutory prohibitions and barriers
to using reserve component intelligence units and in-
dividuals to carry out peacetime operational require-
ments.
(d) REPORTS.—The Secretary of Defense shall sub-
mit to Congress—
(1) interim reports on the status of the test
program not later than July 1, 2002, and July 1,
2003; and
(2) a final report, with such recommendations
for changes as the Secretary considers necessary,
not later than December 1, 2004.
SEC. 553. NATIONAL GUARD CHALLENGE PROGRAM.
(a) EXPENDITURE LIMITATIONS.—Subsection (b) of
section 509 of title 32, United States Code, is amended—
167
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of
Defense’’;
(2) by striking ‘‘, except that Federal expendi-
tures 
under 
the 
program 
may 
not 
exceed
$62,500,000 for any fiscal year’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) The Secretary shall carry out the National
Guard Challenge Program using funds appropriated di-
rectly to the Secretary for the program and nondefense
Federal funds made available or transferred to the Sec-
retary by other Federal agencies to support the program.
However, the amount of funds appropriated directly to the
Secretary of Defense and expended for the program in a
fiscal year may not exceed $62,500,000.’’.
(b) REGULATIONS.—Such section is further amended
by adding at the end the following new subsection:
‘‘(m) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out the National Guard
Challenge Program. The regulations shall address at a
minimum the following:
‘‘(1) The terms to be included in the program
agreements required by subsection (d).
‘‘(2) The qualifications for persons to partici-
pate in the program, as required by subsection (e).
168
‘‘(3) The benefits authorized for program par-
ticipants, as required by subsection (f).
‘‘(4) The status of National Guard personnel
assigned to duty in support of the program.
‘‘(5) The conditions for the use of National
Guard facilities and equipment to carry out the pro-
gram, as required by subsection (h).
‘‘(6) The status of program participants, as de-
scribed in subsection (i).
‘‘(7) The procedures to be used by the Sec-
retary when communicating with States about the
program.’’.
(c) CONFORMING AMENDMENT.—Section 2033 of
title 10, United States Code, is amended by striking ‘‘ap-
propriated for’’ and inserting ‘‘appropriated directly to the
Secretary of Defense for’’.
SEC. 554. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS
FOR OPERATIONAL SUPPORT MISSIONS.
(a) STUDY.—The Secretary of Defense shall conduct
a study to determine the feasibility and cost, as well as
the advantages and disadvantages, of using civilian con-
tractor personnal as pilots and other air crew members
to fly nonmilitary Government aircraft (referred to as
‘‘operational support aircraft’’) to perform non-combat
personnel transportation missions worldwide. In carrying