209
(e) DELEGATION OF AUTHORITY.—The authority to
conduct the assessment under subsection (a) may be dele-
gated only to the Chief of Engineers of the Army, the
Commander of the Naval Facilities Engineering Com-
mand, and the Civil Engineer of the Air Force.
(f) LIMITATION ON EXPENDITURES.—The Secretary
of Defense and the Secretaries of the military departments
may not expend more than a total of $5,000,000 to con-
duct both the assessment under subsection (a) and all of
the demonstration projects under subsection (b).
SEC. 390. DEMONSTRATION PROJECT TO INCREASE RE-
SERVE COMPONENT INTERNET ACCESS AND
SERVICES IN RURAL COMMUNITIES.
(a) AUTHORIZATION AND PURPOSE OF PROJECT.—
The Secretary of the Army, acting through the Chief of
the National Guard Bureau, may carry out a demonstra-
tion project in rural communities that are unserved or un-
derserved by the telecommunications medium known as
the Internet to provide or increase Internet access and
services to units and members of the National Guard and
other reserve components located in these communities.
(b) PROJECT ELEMENTS.—In carrying out the dem-
onstration project, the Secretary may—
(1) establish and operate distance learning
classrooms in communities described in subsection
210
(a), including any support systems required for such
classrooms; and
(2) provide Internet access and services in such
classrooms through GuardNet, the telecommuni-
cations infrastructure of the National Guard.
(c) REPORT.—Not later than February 1, 2005, the
Secretary shall submit to Congress a report on the dem-
onstration project. The report shall describe the activities
conducted under the demonstration project and include
any recommendations for the improvement or expansion
of the demonstration project that the Secretary considers
appropriate.
SEC. 391. ADDITIONAL CONDITIONS ON IMPLEMENTATION
OF DEFENSE JOINT ACCOUNTING SYSTEM.
(a) REPORT
ON DEPLOYMENT
OF SYSTEM.—The
proposed Defense Joint Accounting System is not prohib-
ited, but the Secretary of Defense may not grant a Mile-
stone III decision for the system unless and until the Sec-
retary of Defense submits to the Committee on Armed
Services of the Senate and the Committee on Armed Serv-
ices of the House of Representatives a report—
(1) explaining the reasons for the withdrawal of
the Department of the Air Force from the proposed
Defense Joint Accounting System and the effect of
the withdrawal on the development of the system;
211
(2) explaining the reasons why the Department
of the Navy is not required to participate in the sys-
tem;
(3) identifying business process reengineering
initiatives reviewed, considered, or undertaken by the
Department of the Air Force and the Department of
the Navy before the decisions were made to exclude
the Department of the Navy from the system and to
allow the Department of the Air Force to withdraw
from the system; and
(4) containing an analysis, prepared with the
participation of the Secretaries of the military de-
partments, of alternatives to the system to deter-
mine whether the system warrants deployment.
(b) CERTIFICATION.—If the Secretary of Defense de-
termines that the proposed Defense Joint Accounting Sys-
tem warrants a Milestone III decision, the Secretary shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a certification that the system will meet—
(1) the required functionality for users of the
system;
(2) Department of Defense acquisition stand-
ards;
212
(3) the applicable requirements for Milestones
I, II and III; and
(4) the applicable requirements of the Clinger-
Cohen Act of 1996 (divisions D and E of Public
Law 104–106).
SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM.
(a) REQUIREMENT FOR REPORT.—Not later than
November 30, 2000, the Secretary of Defense shall submit
to the congressional defense committees a report on the
Defense Travel System.
(b) CONTENT OF REPORT.—The report shall include
the following:
(1) A detailed discussion of the development,
testing, and fielding of the system, including the
performance requirements, the evaluation criteria,
the funding that has been provided for the develop-
ment, testing, and fielding of the system, and the
funding that is projected to be required for com-
pleting the development, testing, and fielding of the
system.
(2) The schedule for the testing of the system,
including the initial operational test and evaluation
and the final operational testing and evaluation, to-
gether with the results of the testing.
213
(3) The cost savings expected to result from the
deployment of the system and from the completed
implementation of the system, together with a dis-
cussion of how the savings are estimated and the ex-
pected schedule for the realization of the savings.
(4) An analysis of the costs and benefits of
fielding the front-end software for the system
throughout all 18 geographical areas selected for the
original fielding of the system.
SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF
MAINTAINING HISTORICAL PROPERTIES.
(a) REQUIREMENT FOR REVIEW.—The Comptroller
General shall conduct a review of the annual costs in-
curred by the Department of Defense to comply with the
requirements of the National Historic Preservation Act
(16 U.S.C. 470 et seq.).
(b) REPORT.—Not later than February 28, 2001, the
Comptroller General shall submit to the congressional de-
fense committees a report on the results of the review.
The report shall contain the following:
(1) For each military department and Defense
Agency and for the Department of Defense in the
aggregate, the cost for fiscal year 2000 and the pro-
jected costs for the ensuing 10 fiscal years to comply
214
with the requirements of the National Historic Pres-
ervation Act.
(2) Of the costs referred to in paragraph (1),
the portion of such costs related to maintenance of
those properties that qualified as historic properties
under the National Historic Preservation Act when
such Act was originally enacted in 1966.
(3) The accounts used for paying the costs of
complying with the requirements of the National
Historic Preservation Act.
(4) For each military department and Defense
Agency, the identity of all properties that must be
maintained in order to comply with the requirements
of the National Historic Preservation Act.
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. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades authorized to be
on active duty in support of the Reserves.
Subtitle C—Other Matters Relating to Personnel Strengths
Sec. 421. Authority for Secretary of Defense to suspend certain personnel
strength limitations during war or national emergency.
215
Sec. 422. Exclusion from active component end strengths of certain reserve
component members on active duty in support of the combat-
ant commands.
Sec. 423. Exclusion of Army and Air Force medical and dental officers from
limitation on strengths of reserve commissioned officers in
grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve component
personnel serving on active duty or full-time national guard
duty in certain grades.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
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’’.
216
(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, 350,526.
(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, 108,022.
(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—
217
(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:
218
(1) The Army National Guard of the United
States, 22,974.
(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, 11,170.
(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 National Guard of the
United States, 23,128.
(2) For the Army Reserve, 5,921.
(3) For the Air National Guard of the
United States, 22,247.
(4) For the Air Force Reserve, 9,785.
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STA-
TUS TECHNICIANS.
(a) LIMITATION.—The number of non-dual status
technicians employed by the reserve components of the
219
Army and the Air Force as of September 30, 2001, may
not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United
States, 1,600.
(3) For the Air Force Reserve, 10.
(4) For the Air National Guard of the United
States, 326.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In
this section, the term ‘‘non-dual status technician’’ has the
meaning given that term in section 10217(a) of title 10,
United States Code.
(c) POSTPONEMENT OF PERMANENT LIMITATION.—
Section 10217(c)(2) of title 10, United States Code, is
amended by striking ‘‘October 1, 2001’’ and inserting
‘‘October 1, 2002’’.
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN
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 ..........................................
3,316
1,071
948
140
Lieutenant Colonel or Commander .......................................
1,759
520
852
Colonel or Navy Captain .......................................................
529
188
317
30’’.
220
(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 ........................................................................................
764
202
502
E–8 ........................................................................................
2,821
429
1,117
94’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2000.
(d) REPORT.—(1) Not later than March 31, 2001,
the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Serv-
ices of the House of Representatives a report on manage-
ment of the grade structure for reserve-component officers
who are subject to section 12011 of title 10, United States
Code, and on the grade structure of enlisted members who
are subject to section 12012 of that title. The Secretary
of Defense shall include in the report recommendations
for a permanent solution for managing the grade struc-
tures for those officers and enlisted members without re-
quirement for frequent statutory adjustments to the limi-
tations in those sections.
(2) In developing recommendations for the report
under paragraph(1), the Secretary shall consider the fol-
lowing areas:
(A) The grade structure authorized for field-
grade officers in the active-duty forces and the rea-
sons why the grade structure for field-grade reserve
221
officers on active duty in support of the reserves is
different.
(B) The grade structure authorized for senior
enlisted members in the active-duty forces and the
reasons why the grade structure for senior enlisted
reserve members on active duty in support of the re-
serves is different.
(C) The need for independent grade limits for
each reserve component under sections 12011 and
12012 of title 10, United States Code.
(D) The advantages and disadvantage of replac-
ing management by the current grade tables in those
sections with management through a system based
on the grade authorized for the position occupied by
the member.
(E) The current mix within each reserve compo-
nent, for each controlled grade, of (i) traditional re-
servists, (ii) military technicians, (iii) regular compo-
nent members, and (iv) reserve members on active
duty in support of the reserves, and how that mix,
for each component, would shift over time under the
Secretary’s recommended solution as specified in
paragraph (1).
222
Subtitle C—Other Matters Relating
to Personnel Strengths
SEC. 421. 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,
223
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. 422. EXCLUSION FROM ACTIVE COMPONENT END
STRENGTHS OF CERTAIN RESERVE COMPO-
NENT MEMBERS ON ACTIVE DUTY IN SUP-
PORT OF THE COMBATANT COMMANDS.
Section 115(d) of title 10, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(9) Members of reserve components (not de-
scribed in paragraph (8)) on active duty for more
than 180 days but less than 271 days to perform
special work in support of the combatant commands,
except that—
224
‘‘(A) general and flag officers may not be
excluded under this paragraph; and
‘‘(B) the number of members of any of the
armed forces excluded under this paragraph
may not exceed the number equal to 0.2 percent
of the end strength authorized for active-duty
personnel of that armed force under subsection
(a)(1)(A).’’.
SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL
AND DENTAL OFFICERS FROM LIMITATION
ON STRENGTHS OF RESERVE COMMISSIONED
OFFICERS IN GRADES BELOW BRIGADIER
GENERAL.
Section 12005(a) of title 10, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(3) Medical officers and dental officers shall not be
counted for the purposes of this subsection.’’.
SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN
NUMBER OF RESERVE COMPONENT PER-
SONNEL SERVING ON ACTIVE DUTY OR FULL-
TIME NATIONAL GUARD DUTY IN CERTAIN
GRADES.
(a) FIELD GRADE OFFICERS.—Section 12011 of title
10, United States Code, as amended by section 421(b),
225
is amended by adding at the end the following new sub-
section:
‘‘(d) Upon increasing under subsection (c)(2) of sec-
tion 115 of this title the end strength that is authorized
under subsection (a)(1)(B) of that section for a fiscal year
for active-duty personnel and full-time National Guard
duty personnel of an armed force who are to be paid from
funds appropriated for reserve personnel, the Secretary of
Defense may increase for that fiscal year the limitation
that is set forth in subsection (a) of this section for the
number of officers of that armed force serving in any
grade if the Secretary determines that such action is in
the national interest. The percent of the increase may not
exceed the percent by which the Secretary increases that
end strength.’’.
(b) SENIOR ENLISTED PERSONNEL.—Section 12012
of such title, as amended by section 421(c), is amended
by adding at the end the following new subsection:
‘‘(d) Upon increasing under subsection (c)(2) of sec-
tion 115 of this title the end strength that is authorized
under subsection (a)(1)(B) of that section for a fiscal year
for active-duty personnel and full-time National Guard
duty personnel of an armed force who are to be paid from
funds appropriated for reserve personnel, the Secretary of
Defense may increase for that fiscal year the limitation
226
that is set forth in subsection (a) of this section for the
number of enlisted members of that armed force serving
in any grade if the Secretary determines that such action
is in the national interest. The percent of the increase may
not exceed the percent by which the Secretary increases
that end strength.’’.
Subtitle D—Authorization of
Appropriations
SEC. 431. 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—Officer Personnel Policy
Sec. 501. Eligibility of Army and Air Force Reserve colonels and brigadier gen-
erals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast Guard Reserve
officers.
Sec. 503. Time for release of reports of officer promotion selection boards.
Sec. 504. Clarification of requirements for composition of active-duty list selec-
tion boards when reserve officers are under consideration.
Sec. 505. 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. 506. Technical corrections relating to retired grade of reserve commis-
sioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of National
Guard components.
227
Sec. 508. Revision to rules for entitlement to separation pay for regular and
reserve officers.
Subtitle B—Reserve Component Personnel Policy
Sec. 521. Exemption from active-duty list for reserve officers on active duty for
a period of three years or less.
Sec. 522. Termination of application requirement for consideration of officers
for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all medical special-
ties until specified age.
Sec. 524. Authority for provision of legal services to reserve component mem-
bers following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date for certain re-
serve technicians.
Subtitle C—Education and Training
Sec. 531. Eligibility of children of Reserves for Presidential appointment to
service academies.
Sec. 532. Selection of foreign students to receive instruction at service acad-
emies.
Sec. 533. Revision of college tuition assistance program for members of Marine
Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training Corps units
among the services.
Sec. 535. 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. 541. Limitation on award of Bronze Star to members in receipt of immi-
nent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary promotions or
appointments of members or former members of the Armed
Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain decorations to certain
persons.
Sec. 544. 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. 545. Sense of Congress on the court-martial conviction of Captain Charles
Butler McVay, Commander of the U.S.S. Indianapolis, and on
the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband E.
Kimmel and Major General Walter C. Short, senior officers in
command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War II ac-
tions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.
Subtitle E—Military Justice and Legal Assistance Matters
Sec. 551. Recognition by States of military testamentary instruments.
228
Sec. 552. Policy concerning rights of individuals whose names have been en-
tered into Department of Defense official criminal investigative
reports.
Sec. 553. Limitation on Secretarial authority to grant clemency for military
prisoners serving sentence of confinement for life without eligi-
bility for parole.
Sec. 554. Authority for civilian special agents of military department criminal
investigative organizations to execute warrants and make ar-
rests.
Sec. 555. Requirement for verbatim record in certain special court-martial
cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of Mili-
tary Justice.
Subtitle F—Matters Relating to Recruiting
Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and advertising pro-
grams.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by improving military
awareness of school counselors and educators.
Subtitle G—Other Matters
Sec. 571. Extension to end of calendar year of expiration date for certain force
drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. 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.
Sec. 574. Management and per diem requirements for members subject to
lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units and personnel
to meet current and emerging defense intelligence needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for operational support mis-
sions.
Sec. 579. Reimbursement for expenses incurred by members in connection with
cancellation of leave on short notice.
Subtitle A—Officer Personnel
Policy
SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE
COLONELS AND BRIGADIER GENERALS FOR
POSITION VACANCY PROMOTIONS.
Section 14315(b) of title 10, United States Code, is
amended—
229
(1) in paragraph (1), by inserting after ‘‘(A) is
assigned to the duties of a general officer of the next
higher reserve grade in the Army Reserve’’ the fol-
lowing: ‘‘or is recommended for such an assignment
under regulations prescribed by the Secretary of the
Army’’; and
(2) in paragraph (2), by inserting after ‘‘(A) is
assigned to the duties of a general officer of the next
higher reserve grade’’ the following: ‘‘or is rec-
ommended for such an assignment under regulations
prescribed by the Secretary of the Air Force’’.
SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION
ZONES FOR COAST GUARD RESERVE OFFI-
CERS.
(a) COAST GUARD RESERVE OFFICER PROMOTION
SYSTEM BASED
ON DOD ROPMA SYSTEM.—Section
729(d) of title 14, United States Code, is amended to read
as follows:
‘‘(d)(1) Before convening a selection board to rec-
ommend Reserve officers for promotion, the Secretary
shall establish a promotion zone for officers serving in
each grade to be considered by the board. The Secretary
shall determine the number of officers in the promotion
zone for officers serving in any grade from among officers
who are eligible for promotion in that grade.
230
‘‘(2)(A) Before convening a selection board to rec-
ommend Reserve officers for promotion to a grade (other
than the grade of lieutenant (junior grade)), the Secretary
shall determine the maximum number of officers in that
grade that the board may recommend for promotion.
‘‘(B) The Secretary shall make the determination
under subparagraph (A) of the maximum number that
may be recommended with a view to having in an active
status a sufficient number of Reserve officers in each
grade to meet the needs of the Coast Guard for Reserve
officers in an active status.
‘‘(C) In order to make the determination under sub-
paragraph (B), the Secretary shall determine the fol-
lowing:
‘‘(i) The number of positions needed to accom-
plish mission objectives that require officers in the
grade to which the board will recommend officers for
promotion.
‘‘(ii) The estimated number of officers needed
to fill vacancies in such positions during the period
in which it is anticipated that officers selected for
promotion will be promoted.
‘‘(iii) The number of officers authorized by the
Secretary to serve in an active status in the grade
under consideration.
231
‘‘(iv) Any statutory limitation on the number of
officers in any grade authorized to be in an active
status.
‘‘(3)(A) The Secretary may, when the needs of the
Coast Guard require, authorize the consideration of offi-
cers in a grade above lieutenant (junior grade) for pro-
motion to the next higher grade from below the promotion
zone.
‘‘(B) When selection from below the promotion zone
is authorized, the Secretary shall establish the number of
officers that may be recommended for promotion from
below the promotion zone. That number may not exceed
the number equal to 10 percent of the maximum number
of officers that the board is authorized to recommend for
promotion, except that the Secretary may authorize a
greater number, not to exceed 15 percent of the total num-
ber of officers that the board is authorized to recommend
for promotion, if the Secretary determines that the needs
of the Coast Guard so require. If the maximum number
determined under this subparagraph is less than one, the
board may recommend one officer for promotion from
below the promotion zone.
‘‘(C) The number of officers recommended for pro-
motion from below the promotion zone does not increase
232
the maximum number of officers that the board is author-
ized to recommend for promotion under paragraph (2).’’.
(b) RUNNING MATE SYSTEM MADE OPTIONAL.—(1)
Section 731 of such title is amended—
(A) by designating the text of such section as
subsection (b);
(B) by inserting after the section heading the
following:
‘‘(a) AUTHORITY TO USE RUNNING MATE SYS-
TEM.—The Secretary may by regulation implement sec-
tion 729(d)(1) of this title by requiring that the promotion
zone for consideration of Reserve officers in an active sta-
tus for promotion to the next higher grade be determined
in accordance with a running mate system as provided in
subsection (b).’’;
(C) in subsection (b), as designated by subpara-
graph (A), by striking ‘‘Subject to the eligibility re-
quirements of this subchapter, a Reserve officer
shall’’ and inserting the following: ‘‘CONSIDERATION
FOR PROMOTION.—If promotion zones are deter-
mined as authorized under subsection (a), a Reserve
officer shall, subject to the eligibility requirements of
this subchapter,’’; and
(D) by adding at the end the following:
233
‘‘(c) CONSIDERATION
OF OFFICERS BELOW
THE
ZONE.—If the Secretary authorizes the selection of offi-
cers for promotion from below the promotion zone in ac-
cordance with section 729(d)(3) of this title, the number
of officers to be considered from below the zone may be
established through the application of the running mate
system under this subchapter or otherwise as the Sec-
retary determines to be appropriate to meet the needs of
the Coast Guard.’’.
(2)(A) The heading for such section is amended to
read as follows:
‘‘§ 731. Establishment of promotion zones under run-
ning mate system’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 21 of such title is
amended to read as follows:
‘‘731. Establishment of promotion zones under running mate system.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to selection boards
convened under section 730 of title 14, United States
Code, on or after the date of the enactment of this Act.
SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER
PROMOTION SELECTION BOARDS.
(a) ACTIVE-DUTY LIST OFFICER BOARDS.—Section
618(e) of title 10, United States Code, is amended to read
as follows:
234
‘‘(e)(1) The names of the officers recommended for
promotion in the report of a selection board shall be dis-
seminated to the armed force concerned as follows:
‘‘(A) In the case of officers recommended for
promotion to a grade below brigadier general or rear
admiral (lower half), such names may be dissemi-
nated upon, or at any time after, the transmittal of
the report to the President.
‘‘(B) In the case of officers recommended for
promotion to a grade above colonel or, in the case
of the Navy, captain, such names may be dissemi-
nated upon, or at any time after, the approval of the
report by the President.
‘‘(C) In the case of officers whose names have
not been sooner disseminated, such names shall be
promptly disseminated upon confirmation by the
Senate.
‘‘(2) A list of names of officers disseminated under
paragraph (1) may not include—
‘‘(A) any name removed by the President from
the report of the selection board containing that
name, if dissemination is under the authority of sub-
paragraph (B) of such paragraph; or
‘‘(B) the name of any officer whose promotion
the Senate failed to confirm, if dissemination is
235
under the authority of subparagraph (C) of such
paragraph.’’.
(b) 
RESERVE
ACTIVE-STATUS
LIST
OFFICER
BOARDS.—The text of section 14112 of title 10, United
States Code, is amended to read as follows:
‘‘(a) TIME FOR DISSEMINATION.—The names of the
officers recommended for promotion in the report of a se-
lection board shall be disseminated to the armed force con-
cerned as follows:
‘‘(1) In the case of officers recommended for
promotion to a grade below brigadier general or rear
admiral (lower half), such names may be dissemi-
nated upon, or at any time after, the transmittal of
the report to the President.
‘‘(2) In the case of officers recommended for
promotion to a grade above colonel or, in the case
of the Navy, captain, such names may be dissemi-
nated upon, or at any time after, the approval of the
report by the President.
‘‘(3) In the case of officers whose names have
not been sooner disseminated, such names shall be
promptly disseminated—
‘‘(A) upon confirmation of the promotion
of the officers by the Senate (in the case of pro-
236
motions required to be submitted to the Senate
for confirmation); or
‘‘(B) upon the approval of the report by
the President (in the case of promotions not re-
quired to be submitted to the Senate for con-
firmation).
‘‘(b) NAMES NOT DISSEMINATED.—A list of names
of officers disseminated under subsection (a) may not
include—
‘‘(1) any name removed by the President from
the report of the selection board containing that
name, if dissemination is under the authority of
paragraph (2) or (3)(B) of that subsection; or
‘‘(2) the name of any officer whose promotion
the Senate failed to confirm, if dissemination is
under the authority of paragraph (3)(A) of that sub-
section.’’.
SEC. 504. 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)—
237
(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-
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.
238
SEC. 505. 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. 506. TECHNICAL CORRECTIONS RELATING TO RE-
TIRED GRADE OF RESERVE COMMISSIONED
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 title 10, United
States Code, 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 commis-
sioned officers who are promoted to a higher grade as a
239
result of selection for promotion by a board convened
under chapter 36 or 1403 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 1, 1996.
SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS
AND DIRECTORS OF NATIONAL GUARD COM-
PONENTS.
(a) CHIEF OF ARMY RESERVE.—Subsections (b) and
(c) of section 3038 of title 10, United States Code, are
amended to read as follows:
‘‘(b) APPOINTMENT.—(1) The President, by and with
the advice and consent of the Senate, shall appoint the
Chief of Army Reserve from general officers of the Army
Reserve who have had at least 10 years of commissioned
service in the Army Reserve.
‘‘(2) The Secretary of Defense may not recommend
an officer to the President for appointment as Chief of
Army Reserve unless the officer—
‘‘(A) is recommended by the Secretary of the
Army; and
‘‘(B) is determined by the Chairman of the
Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman,
to have significant joint duty experience.
240
‘‘(3) An officer on active duty for service as the Chief
of Army Reserve shall be counted for purposes of the
grade limitations under sections 525 and 526 of this title.
‘‘(4) Until October 1, 2003, the Secretary of Defense
may waive subparagraph (B) of paragraph (2) with re-
spect to the appointment of an officer as Chief of Army
Reserve if the Secretary of the Army requests the waiver
and, in the judgment of the Secretary of Defense—
‘‘(A) the officer is qualified for service in the
position; and
‘‘(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The
Chief of Army Reserve is appointed for a period of four
years, but may be removed for cause at any time. An offi-
cer serving as Chief of Army Reserve may be reappointed
for one additional four-year period.
‘‘(2) The Chief of Army Reserve, while so serving,
holds the grade of lieutenant general.’’.
(b) CHIEF OF NAVAL RESERVE.—Subsections (b)
and (c) of section 5143 of such title are amended to read
as follows:
‘‘(b) APPOINTMENT.—(1) The President, by and with
the advice and consent of the Senate, shall appoint the
241
Chief of Naval Reserve from flag officers of the Navy (as
defined in section 5001(1)) who have had at least 10 years
of commissioned service.
‘‘(2) The Secretary of Defense may not recommend
an officer to the President for appointment as Chief of
Naval Reserve unless the officer—
‘‘(A) is recommended by the Secretary of the
Navy; and
‘‘(B) is determined by the Chairman of the
Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman,
to have significant joint duty experience.
‘‘(3) An officer on active duty for service as the Chief
of Naval Reserve shall be counted for purposes of the
grade limitations under sections 525 and 526 of this title.
‘‘(4) Until October 1, 2003, the Secretary of Defense
may waive subparagraph (B) of paragraph (2) with re-
spect to the appointment of an officer as Chief of Naval
Reserve if the Secretary of the Navy requests the waiver
and, in the judgment of the Secretary of Defense—
‘‘(A) the officer is qualified for service in the
position; and
‘‘(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
242
‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The
Chief of Naval Reserve is appointed for a term determined
by the Chief of Naval Operations, normally four years, but
may be removed for cause at any time. An officer serving
as Chief of Naval Reserve may be reappointed for one ad-
ditional term of up to four years.
‘‘(2) The Chief of Naval Reserve, while so serving,
holds the grade of vice admiral.’’.
(c) COMMANDER, MARINE FORCES RESERVE.—Sub-
sections (b) and (c) of section 5144 of such title are
amended to read as follows:
‘‘(b) APPOINTMENT.—(1) The President, by and with
the advice and consent of the Senate, shall appoint the
Commander, Marine Forces Reserve, from general officers
of the Marine Corps (as defined in section 5001(2)) who
have had at least 10 years of commissioned service.
‘‘(2) The Secretary of Defense may not recommend
an officer to the President for appointment as Com-
mander, Marine Forces Reserve, unless the officer—
‘‘(A) is recommended by the Secretary of the
Navy; and
‘‘(B) is determined by the Chairman of the
Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman,
to have significant joint duty experience.
243
‘‘(3) An officer on active duty for service as the Com-
mander, Marine Forces Reserve, shall be counted for pur-
poses of the grade limitations under sections 525 and 526
of this title.
‘‘(4) Until October 1, 2003, the Secretary of Defense
may waive subparagraph (B) of paragraph (2) with re-
spect to the appointment of an officer as Commander, Ma-
rine Forces Reserve, if the Secretary of the Navy requests
the waiver and, in the judgment of the Secretary of
Defense—
‘‘(A) the officer is qualified for service in the
position; and
‘‘(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The
Commander, Marine Forces Reserve, is appointed for a
term determined by the Commandant of the Marine
Corps, normally four years, but may be removed for cause
at any time. An officer serving as Commander, Marine
Forces Reserve, may be reappointed for one additional
term of up to four years.
‘‘(2) The Commander, Marine Forces Reserve, while
so serving, holds the grade of lieutenant general.’’.
244
(d) CHIEF OF AIR FORCE RESERVE.—Subsections
(b) and (c) of section 8038 of such title are amended to
read as follows:
‘‘(b) APPOINTMENT.—(1) The President, by and with
the advice and consent of the Senate, shall appoint the
Chief of Air Force Reserve from general officers of the
Air Force Reserve who have had at least 10 years of com-
missioned service in the Air Force.
‘‘(2) The Secretary of Defense may not recommend
an officer to the President for appointment as Chief of
Air Force Reserve unless the officer—
‘‘(A) is recommended by the Secretary of the
Air Force; and
‘‘(B) is determined by the Chairman of the
Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman,
to have significant joint duty experience.
‘‘(3) An officer on active duty for service as the Chief
of Air Force Reserve shall be counted for purposes of the
grade limitations under sections 525 and 526 of this title.
‘‘(4) Until October 1, 2003, the Secretary of Defense
may waive subparagraph (B) of paragraph (2) with re-
spect to the appointment of an officer as Chief of Air
Force Reserve if the Secretary of the Air Force requests
245
the waiver and, in the judgment of the Secretary of
Defense—
‘‘(A) the officer is qualified for service in the
position; and
‘‘(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The
Chief of Air Force Reserve is appointed for a period of
four years, but may be removed for cause at any time.
An officer serving as Chief of Air Force Reserve may be
reappointed for one additional four-year period.
‘‘(2) The Chief of Air Force Reserve, while so serving,
holds the grade of lieutenant general.’’.
(e) DIRECTORS
IN
THE NATIONAL GUARD BU-
REAU.—Section 10506(a) of such title is amended—
(1) in subparagraphs (A) and (B) of paragraph
(1), by striking ‘‘while so serving shall hold the
grade of major general or, if appointed to that posi-
tion in accordance with section 12505(a)(2) of this
title, the grade of lieutenant general, and’’ and in-
serting ‘‘shall be appointed in accordance with para-
graph (3), shall hold the grade of lieutenant general
while so serving, and shall’’; and
246
(2) by adding at the end the following new
paragraph:
‘‘(3)(A) The President, by and with the advice and
consent of the Senate, shall appoint the Director, Army
National Guard, from general officers of the Army Na-
tional Guard of the United States and shall appoint the
Director, Air National Guard, from general officers of the
Air National Guard of the United States.
‘‘(B) The Secretary of Defense may not recommend
an officer to the President for appointment as Director,
Army National Guard, or as Director, Air National Guard,
unless the officer—
‘‘(i) is recommended by the Secretary of the
military department concerned; and
‘‘(ii) is determined by the Chairman of the
Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman,
to have significant joint duty experience.
‘‘(C) An officer on active duty for service as the Di-
rector, Army National Guard, or the Director, Air Na-
tional Guard, shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
‘‘(D) Until October 1, 2003, the Secretary of Defense
may waive clause (ii) of subparagraph (B) with respect
to the appointment of an officer as Director, Army Na-
247
tional Guard, or as Director, Air National Guard, if the
Secretary of the military department concerned requests
the waiver and, in the judgment of the Secretary of
Defense—
‘‘(i) the officer is qualified for service in the po-
sition; and
‘‘(ii) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
‘‘(E) The Director, Army National Guard, and the
Director, Air National Guard, are appointed for a period
of four years, but may be removed for cause at any time.
An officer serving as either Director may be reappointed
for one additional four-year period.’’.
(f) REPEAL OF SUPERSEDED SECTION.—(1) Section
12505 of such title is repealed.
(2) The table of sections at the beginning of chapter
1213 is amended by striking the item relating to section
12505.
(g) CONFORMING INCREASE IN AUTHORIZED NUM-
BER OF O–9 POSITIONS.—Section 525(b) of such title is
amended—
(1) in paragraph (1)—
248
(A) by striking ‘‘Army, Air Force, or Ma-
rine Corps’’ in the first sentence and inserting
‘‘Army or Air Force’’;
(B) by striking ‘‘15 percent’’ both places it
appears and inserting ‘‘15.7 percent’’;
(C) by striking ‘‘In the case of the Army
and Air Force, of’’ at the beginning of the sec-
ond sentence and inserting ‘‘Of’’; and
(D) by inserting ‘‘of the Army or Air
Force’’ in the second sentence after ‘‘general of-
ficers’’; and
(2) in paragraph (2)—
(A) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(B) by striking ‘‘15 percent’’ both places it
appears and inserting ‘‘15.7 percent’’; and
(C) by adding at the end the following:
‘‘(B) No appointment may be made in a grade above
major general in the Marine Corps if that appointment
would result in more than 16.2 percent of the general offi-
cers of the Marine Corps on active duty being in grades
above major general.’’.
(h) STUDY OF INCREASE IN GRADE FOR VICE CHIEF
OF NATIONAL GUARD BUREAU.—(1) The Secretary of
Defense shall conduct a study of the advisability of chang-
249
ing the grade authorized for the Vice Chief of the National
Guard Bureau from major general to lieutenant general.
(2) As part of the study, the Chief of the National
Guard Bureau shall submit to the Secretary of Defense
an analysis of the functions and responsibilities of the Vice
Chief of the National Guard Bureau and the Chief’s rec-
ommendation as to whether the grade for the Vice Chief
should be changed from major general to lieutenant gen-
eral.
(3) Not later than February 1, 2001, the Secretary
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the
study. The report shall include the following—
(A) the recommendation of the Chief of the Na-
tional Guard Bureau and any other information pro-
vided by the Chief to the Secretary of Defense pur-
suant to paragraph (2);
(B) the conclusions resulting from the study;
and
(C) the Secretary’s recommendations regarding
whether the grade authorized for the Vice Chief of
the National Guard Bureau should be changed to
lieutenant general.
(i) IMPLEMENTATION.—(1) An appointment or re-
appointment, in the case of the incumbent in a reserve
250
component chief position, shall be made to each of the re-
serve component chief positions not later than 12 months
after the date of the enactment of this Act, in accordance
with the amendments made by subsections (a) through (e).
(2) An officer serving in a reserve component chief
position on the date of the enactment of this Act may be
reappointed to that position under the amendments made
by subsection (a) through (e), if eligible and otherwise
qualified in accordance with those amendments. If such
an officer is so reappointed, the appointment may be made
for the remainder of the officer’s original term or for a
full new term, as specified at the time of the appointment.
(3) An officer serving on the date of the enactment
of this Act in a reserve component chief position may con-
tinue to serve in that position in accordance with the pro-
visions of law in effect immediately before the amend-
ments made by this section until a successor is appointed
under paragraph (1) (or that officer is reappointed under
paragraph (1)).
(4) The amendments made by subsection (g) shall be
implemented so that each increase authorized by those
amendments in the number of officers in the grades of
lieutenant general and vice admiral is implemented on a
case-by-case basis with an initial appointment made after
251
the date of the enactment of this Act, as specified in para-
graph (1), to a reserve component chief position.
(5) For purposes of this subsection, the term ‘‘reserve
component chief position’’ means a position specified in
section 3038, 5143, 5144, or 8038 of title 10, United
States Code, or the position of Director, Army National
Guard or Director, Air National Guard under section
10506(a)(1) of such title.
SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPA-
RATION PAY FOR REGULAR AND RESERVE
OFFICERS.
(a) REGULAR OFFICERS.—Subsection (a) of section
1174 of title 10, United States Code, is amended by add-
ing at the end the following new paragraph:
‘‘(4) Notwithstanding paragraphs (1) and (2), an of-
ficer who is subject to discharge under any provision of
chapter 36 of this title or under section 580 or 6383 of
this title by reason of having twice failed of selection for
promotion to the next higher grade is not entitled to sepa-
ration pay under this section if that officer, after such sec-
ond failure of selection for promotion, is selected for, and
declines, continuation on active duty for a period that is
equal to or more than the amount of service required to
qualify the officer for retirement.’’.
252
(b) RESERVE OFFICERS.—Subsection (c) of such sec-
tion is amended by adding at the end the following new
paragraph:
‘‘(4) In the case of an officer who is subject to dis-
charge or release from active duty under a law or regula-
tion requiring that an officer who has failed of selection
for promotion to the next higher grade for the second time
be discharged or released from active duty and who, after
such second failure of selection for promotion, is selected
for, and declines, continuation on active duty—
‘‘(A) if the period of time for which the officer
was selected for continuation on active duty is less
than the amount of service that would be required
to qualify the officer for retirement, the officer’s dis-
charge or release from active duty shall be consid-
ered to be involuntary for purposes of paragraph
(1)(A); and
‘‘(B) if the period of time for which the officer
was selected for continuation on active duty is equal
to or more than the amount of service that would be
required to qualify the officer for retirement, the of-
ficer’s discharge or release from active duty shall not
be considered to be involuntary for the purposes of
paragraph (1)(A).’’.
253
(c) EFFECTIVE DATE.—Paragraph (4) of section
1174(a) of title 10, United States Code, as added by sub-
section (a), and paragraph (4) of section 1174(c) of such
title, as added by subsection (b), shall apply with respect
to any offer of selective continuation on active duty that
is declined on or after the date of the enactment of this
Act.
Subtitle B—Reserve Component
Personnel Policy
SEC. 521. 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:
‘‘(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 three years or less;’’.
254
SEC. 522. TERMINATION OF APPLICATION REQUIREMENT
FOR 
CONSIDERATION 
OF 
OFFICERS 
FOR
CONTINUATION ON THE RESERVE ACTIVE-
STATUS LIST.
Section 14701(a)(1) of title 10, United States Code,
is amended by striking ‘‘Upon application, a reserve offi-
cer’’ and inserting ‘‘A reserve officer’’.
SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OF-
FICERS IN ALL MEDICAL SPECIALTIES UNTIL
SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code,
is amended by striking ‘‘veterinary officer’’ and all that
follows through the period and inserting ‘‘Air Force nurse,
Medical Service Corps officer, biomedical sciences officer,
or chaplain.’’.
SEC. 524. 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):
‘‘(4) Members of reserve components not cov-
ered by paragraph (1) or (2) following release from
255
active duty under a call or order to active duty for
more than 30 days issued under a mobilization au-
thority (as determined by the Secretary of Defense),
for a period of time, prescribed by the Secretary of
Defense, that begins on the date of the release and
is not less than twice the length of the period served
on active duty under that call or order to active
duty.’’.
(b) DEPENDENTS.—Paragraph (5) of such section,
as redesignated by subsection (a)(1), is amended by strik-
ing ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.
(c) IMPLEMENTING REGULATIONS.—Regulations to
implement the amendments made by this section shall be
prescribed not later than 180 days after the date of the
enactment of this Act.
SEC. 525. 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);
256
(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-
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. The effective date of any such rein-
257
statement is the date the employee resumes technician sta-
tus.
(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 one-year pe-
riod beginning on the date of the enactment of this Act.
Subtitle C—Education and
Training
SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR
PRESIDENTIAL APPOINTMENT TO SERVICE
ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section
4342(b)(1) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘, other
than those granted retired pay under section 12731
of this title (or under section 1331 of this title as
in effect before the effective date of the Reserve Of-
ficer Personnel Management Act)’’; and
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
258
‘‘(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not having
attained 60 years of age;’’.
(b) UNITED STATES NAVAL ACADEMY.—Section
6954(b)(1) of such title is amended—
(1) in subparagraph (B), by striking ‘‘, other
than those granted retired pay under section 12731
of this title (or under section 1331 of this title as
in effect before the effective date of the Reserve Of-
ficer Personnel Management Act)’’; and
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
‘‘(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not having
attained 60 years of age;’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section
9342(b)(1) of such title is amended—
(1) in subparagraph (B), by striking ‘‘, other
than those granted retired pay under section 12731
259
of this title (or under section 1331 of this title as
in effect before the effective date of the Reserve Of-
ficer Personnel Management Act)’’; and
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
‘‘(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not having
attained 60 years of age;’’.
SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE
INSTRUCTION AT SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section
4344(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(3) In selecting persons to receive instruction under
this section from among applicants from the countries ap-
proved under paragraph (2), the Secretary of the Army
shall give a priority to persons who have a national service
obligation to their countries upon graduation from the
Academy.’’.
260
(b) UNITED STATES NAVAL ACADEMY.—Section
6957(a) of such title is amended by adding at the end
the following new paragraph:
‘‘(3) In selecting persons to receive instruction under
this section from among applicants from the countries ap-
proved under paragraph (2), the Secretary of the Navy
shall give a priority to persons who have a national service
obligation to their countries upon graduation from the
Academy.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section
9344(a) of such title is amended by adding at the end
the following new paragraph:
‘‘(3) In selecting persons to receive instruction under
this section from among applicants from the countries ap-
proved under paragraph (2), the Secretary of the Air
Force shall give a priority to persons who have a national
service obligation to their countries upon graduation from
the Academy.’’.
(d) APPLICABILITY.—The amendments made by this
section shall apply with respect to academic years that
begin after October 1, 2000.
261
SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE
PROGRAM FOR MEMBERS OF MARINE CORPS
PLATOON LEADERS CLASS PROGRAM.
(a) ELIGIBILITY OF OFFICERS.—Section 16401 of
title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘enlisted’’ in
the matter preceding paragraph (1); and
(2) in subsection (b)(1)—
(A) by striking ‘‘an enlisted member’’ in
the matter preceding subparagraph (A) and in-
serting ‘‘a member’’; and
(B) by striking ‘‘an officer candidate in’’ in
subparagraph (A) and inserting ‘‘a member of’’.
(b) REPEAL OF AGE LIMITATIONS.—Subsection (b)
of such section is amended—
(1) in paragraph (1)—
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C), respec-
tively; and
(C) in subparagraph (C), as so redesig-
nated, by striking ‘‘paragraph (3)’’ and insert-
ing ‘‘paragraph (2)’’;
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as para-
graph (2); and
262
(4) in paragraph (2), as so redesignated, by
striking ‘‘paragraph (1)(D)’’ and inserting ‘‘para-
graph (1)(C)’’.
(c) CANDIDATES FOR LAW DEGREES.—Subsection
(a)(2) of such section is amended by striking ‘‘three’’ and
inserting ‘‘four’’.
(d) SANCTIONS; EXCEPTIONS.—Subsection (f) of
such section is amended—
(1) in paragraph (1)—
(A) by striking ‘‘A member who’’ and in-
serting ‘‘An enlisted member who’’;
(B) by inserting ‘‘and an officer who re-
ceives financial assistance under this section
may be required to repay the full amount of fi-
nancial assistance,’’ after ‘‘for more than four
years,’’; and
(C) by inserting ‘‘or, if already a commis-
sioned officer in the Marine Corps, refuses to
accept an assignment on active duty when of-
fered’’ in subparagraph (A) after ‘‘when of-
fered’’; and
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) The Secretary of the Navy may waive the re-
quirements of paragraph (1) in the case of a person who—
263
‘‘(A) becomes unqualified to serve on active
duty as an officer due to a circumstance not within
the control of the person;
‘‘(B) is not physically qualified for appointment
under section 532 of this title and later is deter-
mined by the Secretary of the Navy under section
505 of this title to be unqualified for service as an
enlisted member of the Marine Corps due to a phys-
ical or medical condition that was not the result of
misconduct or grossly negligent conduct; or
‘‘(C) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders
Class program due to a circumstance not within the
control of the person.’’.
(e) CLARIFICATION OF SERVICE EXCLUDED IN COM-
PUTATION OF CREDITABLE SERVICE AS A MARINE CORPS
OFFICER.—(1) Section 205(f) of title 37, United States
Code, is amended by striking ‘‘that the officer performed
concurrently as a member’’ and inserting ‘‘that the officer
performed concurrently as an enlisted member’’.
(2) Such section is further amended by striking ‘‘sec-
tion 12209’’ and inserting ‘‘section 12203’’.
(f) AMENDMENTS OF HEADINGS.—(1) The heading
of section 16401 of title 10, United States Code, is amend-
ed to read as follows:
264
‘‘§ 16401. Marine Corps Platoon Leaders Class: college
tuition assistance program’’.
(2) The heading for subsection (a) of such section
is amended by striking ‘‘FOR FINANCIAL ASSISTANCE
PROGRAM’’.
(g) CLERICAL AMENDMENT.—The item relating to
such section in the table of chapters at the beginning of
chapter 1611 of title 10, United States Code, is amended
to read as follows:
‘‘16401. Marine Corps Platoon Leaders Class: college tuition assistance pro-
gram.’’.
SEC. 534. 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
proposes to more quickly eliminate the current wait-
265
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. 535. 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-
vided instruction in, a program leading to a masters’s de-
266
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—
267
‘‘(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.
268
‘‘(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,
269
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) A summary of the disposition and uses
made 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);
270
(B) the Secretary’s conclusions and rec-
ommendation with respect to continuing to allow
nongovernment civilians to receive instruction at the
Naval Postgraduate School as part of a program re-
lated 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. 541. LIMITATION ON AWARD OF BRONZE STAR TO
MEMBERS IN RECEIPT OF IMMINENT DAN-
GER PAY.
(a) IN GENERAL.—Chapter 57 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
271
‘‘§ 1133. Bronze Star: limitation to members receiving
imminent danger pay
‘‘The decoration known as the ‘Bronze Star’ may only
be awarded to a member of the armed forces who is in
receipt of special pay under section 310 of title 37 at the
time of the events for which the decoration is to be award-
ed or who receives such pay as a result of those events.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1133. Bronze star: limitation to members receiving imminent danger pay.’’.
SEC. 542. 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
272
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
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
273
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.
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. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF
CERTAIN DECORATIONS TO CERTAIN PER-
SONS.
(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
274
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) SILVER STAR.—Subsection (a) applies to the
award of the Silver Star to Louis Rickler, of Rochester,
New York, for gallantry in action from August 18 to No-
vember 18, 1918, while serving as a member of the Army.
(c) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to the award of the Distinguished Flying Cross
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.
275
SEC. 544. 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,
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 Naval 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
276
(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. 545. SENSE OF CONGRESS ON THE COURT-MARTIAL
CONVICTION OF CAPTAIN CHARLES BUTLER
McVAY, COMMANDER OF THE U.S.S. INDIAN-
APOLIS, AND ON THE COURAGEOUS SERVICE
OF THE CREW OF THAT VESSEL.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Shortly after midnight on the morning of
July 30, 1945, during the closing days of World
War II, the United States Navy heavy cruiser U.S.S.
Indianapolis (CA–35) was torpedoed and sunk by
the Japanese submarine I–58 in what became the
worst sea disaster in the history of the United
States Navy.
(2) Although approximately 900 of the ship’s
crew of 1,196 survived the actual sinking, only 316
of those courageous sailors survived when rescued
after four and a half days adrift in the open sea, the
277
remainder having perishing from battle wounds,
drowning, predatory shark attacks, exposure to the
elements, and lack of food and potable water.
(3) Rescue for the remaining 316 sailors came
only when they were spotted by chance by Navy
Lieutenant Wilbur C. Gwinn while flying a routine
naval air patrol mission.
(4) After the end of World War II, the com-
manding officer of the U.S.S. Indianapolis, Captain
Charles Butler McVay, III, who was rescued with
the other survivors, was court-martialed for ‘‘suf-
fering a vessel to be hazarded through negligence’’
by failing to zigzag (a naval tactic employed to help
evade submarine attacks) and was convicted even
though—
(A) the choice to zigzag was left to Cap-
tain McVay’s discretion in his orders; and
(B) Motchisura Hashimoto, the com-
mander of the Japanese submarine that sank
the U.S.S. Indianapolis, and Glynn R. Donaho,
a United States Navy submarine commander
highly decorated for his service during World
War II, both testified at Captain McVay’s
court-martial trial that the Japanese submarine
could have sunk the U.S.S. Indianapolis wheth-
278
er or not it had been zigzagging, an assertion
that has since been reaffirmed in a letter to the
Chairman of the Committee on Armed Services
of the Senate dated November 24, 1999.
(5) Although not argued by Captain McVay’s
defense counsel in the court-martial trial, poor visi-
bility on the night of the sinking (as attested in sur-
viving crew members’ handwritten accounts recently
discovered at the National Archives) justified Cap-
tain McVay’s choice not to zigzag as that choice was
consistent with the applicable Navy directives in
force in 1945, which stated that, ‘‘During thick
weather and at night, except on very clear nights or
during bright moonlight, vessels normally cease zig-
zagging.’’.
(6) Before the U.S.S. Indianapolis sailed from
Guam on what became her final voyage, Naval offi-
cials failed to provide Captain McVay with available
support that was critical to the safety of the U.S.S.
Indianapolis and her crew by—
(A) disapproving a request made by Cap-
tain McVay for a destroyer escort for the
U.S.S. Indianapolis across the Philippine Sea
as being ‘‘not necessary’’;
279
(B) not informing Captain McVay that
naval intelligence sources, through signal intel-
ligence (the Japanese code having been broken
earlier in World War II), had become aware
that the Japanese submarine I–58 was oper-
ating in the area of the U.S.S. Indianapolis’
course (as disclosed in evidence presented in a
hearing of the Committee on Armed Services of
the Senate conducted September 14, 1999); and
(C) not informing Captain McVay of the
sinking of the destroyer escort U.S.S. Underhill
by a Japanese submarine within range of the
course of the U.S.S. Indianapolis four days be-
fore the U.S.S. Indianapolis departed Guam for
the Philippine Islands.
(7) Captain McVay’s court-martial initially was
opposed by his immediate command superiors, Fleet
Admiral Chester Nimitz (CINCPAC) and Vice Ad-
miral Raymond Spruance of the 5th fleet, for whom
the U.S.S. Indianapolis had served as flagship, but,
despite their recommendations, Secretary of the
Navy James Forrestal ordered the court-martial,
largely on the basis of the recommendation of Fleet
Admiral Ernest King, Chief of Naval Operations.
280
(8) There is no explanation on the public record
for the overruling by Secretary Forestal of the rec-
ommendations made by Admirals Nimitz and
Spruance.
(9) Captain McVay was the only commander of
a United States Navy vessel lost in combat to enemy
action during World War II who was subjected to a
court-martial trial for such a loss, even though sev-
eral hundred United States Navy ships were lost in
combat to enemy action during World War II.
(10) The survivors of the U.S.S. Indianapolis
overwhelmingly conclude that Captain McVay was
not at fault in the loss of the Indianapolis and have
dedicated their lives to vindicating their Captain
McVay.
(11) Although promoted to the grade of rear
admiral in accordance with then-applicable law upon
retirement from the Navy in 1949, Captain McVay
never recovered from the stigma of his post-war
court-martial and in 1968, tragically, took his own
life.
(12) Charles Butler McVay, III—
(A) was a graduate of the United States
Naval Academy;
281
(B) was an exemplary career naval officer
with an outstanding record (including participa-
tion in the amphibious invasions of North Afri-
ca, the assault on Iwo Jima, and the assault on
Okinawa where the U.S.S. Indianapolis under
his command survived a fierce kamikaze at-
tack);
(C) was a recipient of the Silver Star
earned for courage under fire during the Sol-
omon Islands campaign; and
(D) with the crew of the U.S.S. Indianap-
olis, had so thoroughly demonstrated pro-
ficiency in naval warfare that the Navy en-
trusted him and the crew of the U.S.S. Indian-
apolis with transporting to the Pacific theater
components necessary for assembling the atom-
ic bombs that were exploded over Hiroshima
and Nagasaki to end the war with Japan (deliv-
ery of such components to the island of Tinian
having been accomplished on July 25, 1945).
(b) SENSE
OF CONGRESS CONCERNING CHARLES
BUTLER MCVAY, III.—With respect to the sinking of the
U.S.S. Indianapolis (CA–35) on July 30, 1945, and the
subsequent court-martial conviction of the ship’s com-
manding officer, Captain Charles Butler McVay, III, aris-
282
ing from that sinking, it is the sense of Congress, based
on the review of evidence by the Senate and the House
of Representatives—
(1) that, in light of the remission by the Sec-
retary of the Navy of the sentence of the court-mar-
tial and the restoration of Captain McVay to active
duty by the Chief of Naval Operations, Fleet Admi-
ral Chester Nimitz, 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 the sinking of
that vessel; and
(2) that, in light of the fact that certain excul-
patory information was not available to the court-
martial board and that Captain McVay’s conviction
resulted therefrom, Captain McVay’s military record
should now reflect that he is exonerated for the loss
of the U.S.S. Indianapolis and so many of her crew.
(c) UNIT CITATION FOR FINAL CREW OF U.S.S. IN-
DIANAPOLIS.—The Secretary of the Navy should award a
Navy Unit Commendation to the U.S.S. Indianapolis
(CA–35) and her final crew.
283
SEC. 546. POSTHUMOUS ADVANCEMENT ON RETIRED LIST
OF REAR ADMIRAL HUSBAND E. KIMMEL AND
MAJOR GENERAL WALTER C. SHORT, SENIOR
OFFICERS IN COMMAND IN HAWAII ON DE-
CEMBER 7, 1941.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The late Rear Admiral Husband E. Kim-
mel, while serving in the temporary grade of admi-
ral, was the Commander in Chief of the United
States Fleet and the Commander in Chief, United
States Pacific Fleet, at the time of the Japanese at-
tack on Pearl Harbor, Hawaii, on December 7,
1941, with an excellent and unassailable record
throughout his career in the United States Navy be-
fore that date.
(2) The late Major General Walter C. Short,
while serving in the temporary grade of lieutenant
general, was the Commander of the United States
Army Hawaiian Department, at the time of the Jap-
anese attack on Pearl Harbor, Hawaii, on December
7, 1941, with an excellent and unassailable record
throughout his career in the United States Army be-
fore that date.
(3) Numerous investigations following the at-
tack on Pearl Harbor have documented that Admiral
284
Kimmel and Lieutenant General Short were not pro-
vided 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, including
such essential communiques as the Japanese Pearl
Harbor Bomb Plot message of September 24, 1941,
and the message sent from the Imperial Japanese
Foreign Ministry to the Japanese Ambassador in the
United States from December 6 to 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 grades
of rear admiral and major general, respectively.
(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 six weeks after the attack
on Pearl Harbor, later disavowed the report, main-
taining that ‘‘these two officers were martyred’’ and
‘‘if they had been brought to trial, both would have
been cleared of the charge’’.
285
(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 November 26 to December 7,
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
available in Washington but was not shared with Ad-
miral Kimmel.
286
(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 the Lieutenant General Short’s Hawaii
command; 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 Kimmel
and Major General Short 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
287
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) On April 27, 1954, the 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.
(12) 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
Major General 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.
(13) In October 1994, the Chief of Naval Oper-
ations, Admiral Carlisle Trost, withdrew his 1988
recommendation against the advancement of Rear
Admiral Kimmel and recommended that his case be
reopened.
(14) 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 Rear Admiral Kimmel or
288
Major General Short in grade, it did set forth as a
conclusion of the study that ‘‘responsibility for the
Pearl Harbor disaster should not fall solely on the
shoulders of Admiral Kimmel and Lieutenant Gen-
eral Short, it should be broadly shared’’.
(15) The Dorn Report found—
(A) that ‘‘Army and Navy officials in
Washington were privy to intercepted Japanese
diplomatic communications . . . which provided
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 followup
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’’.
(16) 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
289
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-
ligence from Admiral Kimmel and Lieutenant Gen-
eral Short.
(17) 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.
(18) Rear Admiral Kimmel and Major General
Short are the only two officers eligible for advance-
ment under the Officer Personnel Act of 1947 as
senior World War II commanders who were excluded
from the list of retired officers presented for ad-
vancement on the retired lists to their highest war-
time grades under that Act.
290
(19) This singular exclusion of those two offi-
cers from advancement on the retired list 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, a dis-
tinct 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 Walter Short died on Sep-
tember 23, 1949, and Rear Admiral Husband Kim-
mel died on May 14, 1968, without the honor of
having been returned to their wartime grades as
were their fellow commanders of World War II.
(21) The Veterans of Foreign Wars, the Pearl
Harbor Survivors Association, the Admiral Nimitz
Foundation, the Naval Academy Alumni Association,
the Retired Officers Association, and the Pearl Har-
bor Commemorative Committee, and other associa-
tions and numerous retired military officers have
called for the rehabilitation of the reputations and
honor of Admiral Kimmel and Lieutenant General
Short through their posthumous advancement on the
retired lists to their highest wartime grades.
291
(b) ADVANCEMENT OF REAR ADMIRAL KIMMEL AND
MAJOR GENERAL SHORT ON RETIRED LISTS.—(1) The
President is requested—
(A) to advance the late Rear Admiral Husband
E. Kimmel, United States Navy (retired), to the
grade of admiral on the retired list of the Navy; and
(B) to advance the late Major General Walter
C. Short, United States Army (retired), 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 change
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.
(c) SENSE OF CONGRESS REGARDING THE PROFES-
SIONAL PERFORMANCE OF ADMIRAL KIMMEL AND LIEU-
TENANT GENERAL SHORT.—It is the sense of Congress—
(1) that the late Rear Admiral Husband E.
Kimmel performed his duties as Commander in
Chief, United States Pacific Fleet, competently and
professionally and, therefore, that 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,
292
were not a result of dereliction in the performance
of those duties by then Admiral Kimmel; and
(2) that the late Major General Walter C. Short
performed his duties as Commanding General, Ha-
waiian Department, competently and professionally
and, therefore, that 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 then Lieutenant General
Short.
SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE,
FOR WORLD WAR II ACTIONS.
(a) FINDINGS.—The Congress finds the following:
(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,
293
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.
(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.
294
SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR TO WILLIAM H. PITSENBARGER FOR
VALOR DURING THE VIETNAM WAR.
(a) WAIVER
OF
TIME
LIMITATIONS.—Notwith-
standing the period of limitations specified in section 8744
of title 10, United States Code, or any other time limita-
tion with respect to the awarding of certain medals to per-
sons who served in the Air Force, the President may
award the Medal of Honor under section 8741 of that
title, posthumously, to William H. Pitsenbarger of Piqua,
Ohio, for the acts of valor referred to in subsection (b).
(b) ACTION DEFINED.—The acts of valor referred to
in subsection (a) are the actions of William H.
Pitsenbarger on April 11, 1966, as an Air Force
pararescue crew member, serving in the grade of Airman
First Class at Cam My, Republic of Vietnam, with Detach-
ment 6, 38th Aerospace Rescue and Recovery Helicopter
Squadron, in support of the combat mission known as
‘‘Operations Abilene’’.
Subtitle E—Military Justice and
Legal Assistance Matters
SEC. 551. 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:
295
‘‘§ 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-
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—
296
‘‘(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;
‘‘(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:
297
‘‘(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).
‘‘(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-
298
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.
‘‘(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
299
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.’’.
SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS
WHOSE NAMES HAVE BEEN ENTERED INTO
DEPARTMENT OF DEFENSE OFFICIAL CRIMI-
NAL INVESTIGATIVE REPORTS.
(a) POLICY REQUIREMENT.—The Secretary of De-
fense shall establish a policy creating a uniform process
within the Department of Defense that—
(1) affords any individual who, in connection
with the investigation of a reported crime, is des-
ignated (by name or by any other identifying infor-
mation) as a suspect in the case in any official inves-
tigative report, or in a central index for potential re-
trieval and analysis by law enforcement organiza-
tions, an opportunity to obtain a review of that des-
ignation; and
(2) requires the expungement of the name and
other identifying information of any such individual
from such report or index in any case in which it is
300
determined the entry of such identifying information
on that individual was made contrary to Department
of Defense requirements.
(b) EFFECTIVE DATE.—The policy required by sub-
section (a) shall be established not later than 120 days
after the date of the enactment of this Act.
SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO
GRANT 
CLEMENCY 
FOR 
MILITARY 
PRIS-
ONERS SERVING SENTENCE OF CONFINE-
MENT FOR LIFE WITHOUT ELIGIBILITY FOR
PAROLE.
(a) LIMITATION.—Section 874(a) of title 10, United
States Code (article 74(a) of the Uniform Code of Military
Justice), is amended by adding at the end the following
new sentence: ‘‘However, in the case of a sentence of con-
finement for life without eligibility for parole, after the
sentence is ordered executed, the authority of the Sec-
retary concerned under the preceding sentence (1) may
not be delegated, and (2) may be exercised only after the
service of a period of confinement of not less than 20
years.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall not apply with respect to a sentence
of confinement for life without eligibility for parole that
301
is adjudged for an offense committed before the date of
the enactment of this Act.
SEC. 554. 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
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-
302
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.’’.
(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:
‘‘§ 7480. 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-
303
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-
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:
‘‘7480. 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:
304
‘‘§ 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
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.’’.
305
(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.’’.
SEC. 555. REQUIREMENT FOR VERBATIM RECORD IN CER-
TAIN SPECIAL COURT-MARTIAL CASES.
(a) WHEN REQUIRED.—Subsection (c)(1)(B) of sec-
tion 854 of title 10, United States Code (article 54 of the
Uniform Code of Military Justice), is amended by insert-
ing after ‘‘bad-conduct discharge’’ the following: ‘‘, con-
finement for more than six months, or forfeiture of pay
for more than six months’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as of April 1, 2000, and
shall apply with respect to charges referred on or after
that date to trial by special court-martial.
SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY
OF THE UNIFORM CODE OF MILITARY JUS-
TICE.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The American military justice system pre-
dates the United States itself, having had a contin-
uous existence since the enactment of the first
306
American Articles of War by the Continental Con-
gress in 1775.
(2) Pursuant to article I of the Constitution,
which explicitly empowers Congress ‘‘To make Rules
for the Government and Regulation of the land and
naval Forces’’, Congress enacted the Articles of War
and an Act to Govern the Navy, which were revised
on several occasions between the ratification of the
Constitution and the end of World War II.
(3) Dissatisfaction with the administration of
military justice during World War I and World War
II (including dissatisfaction arising from separate
systems of justice for the Army and for the Navy
and Marine Corps) led both to significant statutory
reforms in the Articles of War and to the convening
of a committee, under Department of Defense aus-
pices, to draft a single code of military justice appli-
cable uniformly to all of the Armed Forces.
(4) The committee, chaired by Professor Ed-
mund M. Morgan of Harvard Law School, made rec-
ommendations that formed the basis of bills intro-
duced in Congress to establish such a uniform code
of military justice.
(5) After lengthy hearings and debate on the
congressional proposals, the Uniform Code of Mili-
307
tary Justice was enacted into law on May 5, 1950,
when President Harry S Truman signed the legisla-
tion.
(6) President Truman then issued a revised
Manual for Courts-Martial implementing the new
code, and the code became effective on May 31,
1951.
(7) One of the greatest innovations of the Uni-
form Code of Military Justice (now codified as chap-
ter 47 of title 10, United States Code) was the es-
tablishment of a civilian court of appeals within the
military justice system. That court, the United
States Court of Military Appeals (now the United
States Court of Appeals for the Armed Forces), held
its first session on July 25, 1951.
(8) Congress enacted major revisions of the
Uniform Code of Military Justice in 1968 and 1983
and, in addition, has amended the code from time to
time over the years as practice under the code indi-
cated a need for updating the substance or proce-
dure of the law of military justice.
(9) The evolution of the system of military jus-
tice under the Uniform Code of Military Justice may
be traced in the decisions of the Courts of Criminal
Appeals of each of the Armed Forces and the deci-
308
sions of the United States Court of Appeals for the
Armed Forces. These courts have produced a unique
body of jurisprudence upon which commanders and
judge advocates rely in the performance of their du-
ties.
(10) It is altogether fitting that the 50th anni-
versary of the Uniform Code of Military Justice be
duly commemorated.
(b) COMMEMORATION.—The Congress—
(1) requests the President to issue a proclama-
tion commemorating the 50th anniversary of the
Uniform Code of Military Justice; and
(2) calls upon the Department of Defense, the
Armed Forces, and the United States Court of Ap-
peals for the Armed Forces and interested organiza-
tions and members of the bar and the public to com-
memorate the occasion of that anniversary with cere-
monies and activities befitting its importance.
Subtitle F—Matters Relating to
Recruiting
SEC. 561. ARMY RECRUITING PILOT PROGRAMS.
(a) REQUIREMENT FOR PROGRAMS.—The Secretary
of the Army shall carry out pilot programs to test various
recruiting approaches under this section for the following
purposes:
309
(1) To assess the effectiveness of the recruiting
approaches for creating enhanced opportunities for
recruiters to make direct, personal contact with po-
tential recruits.
(2) To improve the overall effectiveness and ef-
ficiency of Army recruiting activities.
(b) OUTREACH THROUGH MOTOR SPORTS.—(1) One
of the pilot programs shall be a pilot program of public
outreach that associates the Army with motor sports com-
petitions to achieve the objectives set forth in paragraph
(2).
(2) The events and activities undertaken under the
pilot program shall be designed to provide opportunities
for Army recruiters to make direct, personal contact with
high school students to achieve the following objectives:
(A) To increase enlistments by students grad-
uating from high school.
(B) To reduce attrition in the Delayed Entry
Program of the Army by sustaining the personal
commitment of students who have elected delayed
entry into the Army under the program.
(3) Under the pilot program, the Secretary of the
Army shall provide for the following:
(A) For Army recruiters or other Army
personnel—
310
(i) to organize Army sponsored career day
events in association with national motor sports
competitions; and
(ii) to arrange for or encourage attendance
at the competitions by high school students,
teachers, guidance counselors, and administra-
tors of high schools located near the competi-
tions.
(B) For Army recruiters and other soldiers to
attend national motor sports competitions—
(i) to display exhibits depicting the con-
temporary Army and career opportunities in the
Army; and
(ii) to discuss those opportunities with po-
tential recruits.
(C) For the Army to sponsor a motor sports
racing team as part of an integrated program of re-
cruitment and publicity for the Army.
(D) For the Army to sponsor motor sports com-
petitions for high school students at which recruiters
meet with potential recruits.
(E) For Army recruiters or other Army per-
sonnel to compile in an Internet accessible database
the names, addresses, telephone numbers, and elec-
tronic mail addresses of persons who are identified
311
as potential recruits through activities under the
pilot program.
(F) Any other activities associated with motor
sports competition that the Secretary determines ap-
propriate for Army recruitment purposes.
(c) OUTREACH AT VOCATIONAL SCHOOLS AND COM-
MUNITY COLLEGES.—(1) One of the pilot programs shall
be a pilot program under which Army recruiters are as-
signed, as their primary responsibility, at postsecondary
vocational institutions and community colleges for the pur-
pose of recruiting students graduating from those institu-
tions and colleges, recent graduates of those institutions
and colleges, and students withdrawing from enrollments
in those institutions and colleges.
(2) The Secretary of the Army shall select the institu-
tions and colleges to be invited to participate in the pilot
program.
(3) The conduct of the pilot program at an institution
or college shall be subject to an agreement which the Sec-
retary shall enter into with the governing body or author-
ized official of the institution or college, as the case may
be.
(4) Under the pilot program, the Secretary shall pro-
vide for the following:
312
(A) For Army recruiters to be placed in post-
secondary vocational institutions and community col-
leges to serve as a resource for guidance counselors
and to recruit for the Army.
(B) For Army recruiters to recruit from among
students and graduates described in paragraph (1).
(C) For the use of telemarketing, direct mail,
interactive voice response systems, and Internet
website capabilities to assist the recruiters in the
postsecondary vocational institutions and community
colleges.
(D) For any other activities that the Secretary
determines appropriate for recruitment activities in
postsecondary vocational institutions and community
colleges.
(5) In this subsection, the term ‘‘postsecondary voca-
tional institution’’ has the meaning given the term in sec-
tion 102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c)).
(d) CONTRACT RECRUITING INITIATIVES.—(1) One
of the pilot programs shall be a program that expands in
accordance with this subsection the scope of the Army’s
contract recruiting initiatives that are ongoing as of the
date of the enactment of this Act. Under the pilot pro-
gram, the Secretary of the Army shall select at least 10
313
recruiting companies to apply the initiatives in efforts to
recruit personnel for the Army.
(2) Under the pilot program, the Secretary shall pro-
vide for the following:
(A) For replacement of the Regular Army re-
cruiters by contract recruiters in the 10 recruiting
companies selected under paragraph (1).
(B) For operation of the 10 companies under
the same rules and chain of command as the other
Army recruiting companies.
(C) For use of the offices, facilities, and equip-
ment of the 10 companies by the contract recruiters.
(D) For reversion to performance of the re-
cruiting activities by Regular Army soldiers in the
10 companies upon termination of the pilot program.
(E) For any other uses of contractor personnel
for Army recruiting activities that the Secretary de-
termines appropriate.
(e) DURATION OF PILOT PROGRAMS.—The pilot pro-
grams required by this section shall be carried out during
the period beginning on October 1, 2000, and, subject to
subsection (f), ending on December 31, 2005.
(f) AUTHORITY TO EXPAND OR EXTEND PILOT PRO-
GRAMS.—The Secretary may expand the scope of any of
the pilot programs (under subsection (b)(3)(F), (c)(4)(D),
314
(d)(2)(E), or otherwise) or extend the period for any of
the pilot programs. Before doing so in the case of a pilot
program, the Secretary of the Army shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
a written notification of the expansion of the pilot program
(together with the scope of the expansion) or the continu-
ation of the pilot program (together with the period of the
extension), as the case may be.
(g) REPORTS.—Not later than February 1, 2006, the
Secretary of the Army shall submit to the Committees on
Armed Services of the Senate and the House of Represent-
atives a separate report on each of the pilot programs car-
ried out under this section. The report on a pilot program
shall include the following:
(1) The Secretary’s assessment of the value of
the actions taken in the administration of the pilot
program for increasing the effectiveness and effi-
ciency of Army recruiting.
(2) Any recommendations for legislation or
other action that the Secretary considers appropriate
to increase the effectiveness and efficiency of Army
recruiting.
315
SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RE-
SEARCH AND ADVERTISING PROGRAMS.
Section 503(a) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Secretary of Defense shall act on a con-
tinuing basis to enhance the effectiveness of recruitment
programs of the Department of Defense (including pro-
grams conducted jointly and programs conducted by the
separate armed forces) through an aggressive program of
advertising and market research targeted at prospective
recruits for the armed forces and those who may influence
prospective recruits. Subchapter I of chapter 35 of title
44 shall not apply to actions taken as part of that pro-
gram.’’.
SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY
RECRUITING PURPOSES.
(a) REQUIREMENT FOR ACCESS.—Subsection (c) of
section 503 of title 10, United States Code, is amended
to read as follows:
‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1) Each
local educational agency shall (except as provided under
paragraph (5)) provide to the Department of Defense,
upon a request made for military recruiting purposes, the
316
same access to secondary school students, and to directory
information concerning such students, as is provided gen-
erally to post-secondary educational institutions or to pro-
spective employers of those students.
‘‘(2) If a local educational agency denies a request
by the Department of Defense for recruiting access, the
Secretary of Defense, in cooperation with the Secretary
of the military department concerned, shall designate an
officer in a grade not below the grade of colonel or, in
the case of the Navy, captain, or a senior executive of that
military department to meet with representatives of that
local educational agency in person, at the offices of that
agency, for the purpose of arranging for recruiting access.
The designated officer or senior executive shall seek to
have that meeting within 120 days of the date of the de-
nial of the request for recruiting access.
‘‘(3) If, after a meeting under paragraph (2) with
representatives of a local educational agency that has de-
nied a request for recruiting access or (if the educational
agency declines a request for the meeting) after the end
of such 120-day period, the Secretary of Defense deter-
mines that the agency continues to deny recruiting access,
the Secretary shall transmit to the chief executive of the
State in which the agency is located a notification of the
denial of recruiting access and a request for assistance in
317
obtaining that access. The notification shall be trans-
mitted within 60 days after the date of the determination.
The Secretary shall provide to the Secretary of Education
a copy of such notification and any other communication
between the Secretary and that chief executive with re-
spect to such access.
‘‘(4) If a local educational agency continues to deny
recruiting access one year after the date of the transmittal
of a notification regarding that agency under paragraph
(3), the Secretary—
‘‘(A) shall determine whether the agency denies
recruiting access to at least two of the armed forces
(other than the Coast Guard when it is not oper-
ating as a service in the Navy); and
‘‘(B) upon making an affirmative determination
under subparagraph (A), shall transmit a notifica-
tion of the denial of recruiting access to—
‘‘(i) the specified congressional committees;
‘‘(ii) the Senators of the State in which the
local educational agency is located; and
‘‘(iii) the member of the House of Rep-
resentatives who represents the district in which
the local educational agency is located.
‘‘(5) The requirements of this subsection do not apply
to—
318
‘‘(A) a local educational agency with respect to
access to secondary school students or access to di-
rectory information concerning such students for
any period during which there is in effect a policy
of that agency, established by majority vote of the
governing body of the agency, to deny recruiting ac-
cess to those students or to that directory informa-
tion, respectively; or
‘‘(B) a private secondary school which main-
tains a religious objection to service in the armed
forces and which objection is verifiable through the
corporate or other organizational documents or ma-
terials of that school.
‘‘(6) In this subsection:
‘‘(A) The term ‘local educational agency’
means—
‘‘(i) a local educational agency, within the
meaning of that term in section 14101(18) of
the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801(18)); and
‘‘(ii) a private secondary school.
‘‘(B) The term ‘recruiting access’ means access
requested as described in paragraph (1).
‘‘(C) The term ‘senior executive’ has the mean-
ing given that term in section 3132(a)(3) of title 5.
319
‘‘(D) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, the
Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.
‘‘(E) The term ‘specified congressional commit-
tees’ means the following:
‘‘(i) The Committee on Armed Services
and the Committee on Health, Education,
Labor, and Pensions of the Senate.
‘‘(ii) The Committee on Armed Services
and the Committee on Education and the
Workforce of the House of Representatives.
‘‘(F) The term ‘member of the House of Rep-
resentatives’ includes a Delegate or Resident Com-
missioner to Congress.’’.
(b) DEFINITION
OF DIRECTORY INFORMATION.—
Such section is further amended—
(1) by striking paragraph (7) of subsection (b);
and
(2) by adding at the end the following new sub-
section:
‘‘(d) DIRECTORY INFORMATION DEFINED.—In this
section, the term ‘directory information’ has the meaning
320
given that term in subsection (a)(5)(A) of section 444 of
the General Education Provisions Act (20 U.S.C.
1232g).’’.
(c) TECHNICAL AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a), by inserting ‘‘RECRUITING
CAMPAIGNS.—’’ after ‘‘(a)’’; and
(2) in subsection (b), by inserting ‘‘COMPILA-
TION OF DIRECTORY INFORMATION.—’’ after ‘‘(b)’’.
(d) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on July 1, 2002.
SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RE-
CRUITING BY IMPROVING MILITARY AWARE-
NESS OF SCHOOL COUNSELORS AND EDU-
CATORS.
(a) IN GENERAL.—The Secretary of Defense shall
conduct a pilot program to determine if cooperation with
military recruiters by local educational agencies and by in-
stitutions of higher education could be enhanced by im-
proving the understanding of school counselors and edu-
cators about military recruiting and military career oppor-
tunities. The pilot program shall be conducted during a
three-year period beginning not later than 180 days after
the date of the enactment of this Act.
321
(b) CONDUCT OF PILOT PROGRAM THROUGH PAR-
TICIPATION IN INTERACTIVE INTERNET SITE.—(1) The
pilot program shall be conducted by means of participation
by the Department of Defense in a qualifying interactive
Internet site.
(2) For purposes of this section, a qualifying inter-
active Internet site is an Internet site in existence as of
the date of the enactment of this Act that is designed to
provide to employees of local educational agencies and in-
stitutions of higher education participating in the Internet
site—
(A) systems for communicating;
(B) resources for individual professional devel-
opment;
(C) resources to enhance individual on-the-job
effectiveness; and
(D) resources to improve organizational effec-
tiveness.
(3) Participation in an Internet site by the Depart-
ment of Defense for purposes of this section shall
include—
(A) funding;
(B) assistance; and
(C) access by other Internet site participants to
Department of Defense aptitude testing programs,
322
career development information, and other resources,
in addition to information on military recruiting and
career opportunities.
(c) REPORT.—The Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives a report providing the Secretary’s findings
and conclusions on the pilot program not later than 180
days after the end of the three-year program period.
Subtitle G—Other Matters
SEC. 571. 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 of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293
note) is amended—
(1) in subsection (a), by striking ‘‘through fis-
cal year 1999’’ and inserting ‘‘during the active
force drawdown period’’; and
(2) in subsection (i), by striking ‘‘October 1,
2001’’ and inserting ‘‘December 31, 2001’’.
(b) SSB 
AND
VSI.—Sections 1174a(h)(1) and
1175(d)(3) of title 10, United States Code, are amended
323
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 of such title is amended by striking ‘‘September 30,
2001’’ in subsections (a)(2)(A) and (d)(5) 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)(1) of the National De-
fense 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
324
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 DE-
FINED FOR CERTAIN GUARD AND RESERVE BENEFITS.—
Section 4411 of the National Defense Authorization Act
for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended
by striking ‘‘September 30, 2001’’ and inserting ‘‘Decem-
ber 31, 2001’’.
326
SEC. 572. 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,
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.
327
SEC. 573. 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:
‘‘§ 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 30 days of continuous session
of Congress (excluding any day on which either
House of Congress is not in session) expires fol-
lowing 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—
328
‘‘(1) the Secretary of Defense submits to Con-
gress written notice of the proposed reconfiguration
or design; and
‘‘(2) a period of 30 days of continuous session
of Congress (excluding any day on which either
House of Congress is not in session) expires fol-
lowing the date on which the notice is received.
‘‘(c) For purposes of this section, the continuity of
a session of Congress is broken only by an adjournment
of the Congress sine die.’’.
(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)’’.
SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS
FOR MEMBERS SUBJECT TO LENGTHY OR NU-
MEROUS DEPLOYMENTS.
(a) APPROVING AUTHORITY FOR LENGTHY DEPLOY-
MENTS OF MEMBERS.—Subsection (a) of section 991 of
title 10, United States Code, is amended—
329
(1) by striking ‘‘unless an officer’’ in the second
sentence of paragraph (1) and all that follows
through the period at the end of that sentence and
inserting a period and the following: ‘‘However, the
member may be deployed, or continued in a deploy-
ment, without regard to the preceding sentence if
such deployment, or continued deployment, is
approved—
‘‘(A) in the case of a member who is assigned
to a combatant command in a position under the
operational control of the officer in that combatant
command who is the service component commander
for the members of that member’s armed force in
that combatant command, by that officer; and
‘‘(B) in the case of a member not assigned as
described in subparagraph (A), by the service chief
of that member’s armed force (or, if so designated
by that service chief, by an officer of the same
armed force on active duty who is in the grade of
general or admiral or who is the personnel chief for
that armed force).’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) In paragraph (1)(B), the term ‘service chief’
means the Chief of Staff of the Army, the Chief of Naval
330
Operations, the Chief of Staff of the Air Force, or the
Commandant of the Marine Corps.’’.
(b) CLARIFICATION
OF DEFINITION
OF DEPLOY-
MENT.—Subsection (b) of such section is amended—
(1) in paragraph (1), by inserting ‘‘or home-
port, as the case may be’’ before the period at the
end;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) In the case of a member of a reserve component
performing active service, the member shall be considered
deployed or in a deployment for the purposes of paragraph
(1) on any day on which, pursuant to orders that do not
establish a permanent change of station, the member is
performing the active service at a location that—
‘‘(A) is not the member’s permanent training
site; and
‘‘(B) is—
‘‘(i) at least 100 miles from the member’s
permanent residence; or
‘‘(ii) a lesser distance from the member’s
permanent residence that, under the cir-
cumstances applicable to the member’s travel, is
331
a distance that requires at least three hours of
travel to traverse.’’; and
(4) in paragraph (3), as redesignated by para-
graph (2) of this subsection—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(C) unavailable solely because of—
‘‘(i) a hospitalization of the member at the
member’s permanent duty station or homeport
or in the immediate vicinity of the member’s
permanent residence; or
‘‘(ii) a disciplinary action taken against the
member.’’.
(c) ASSOCIATED PER DIEM ALLOWANCE.—Section
435 of title 37, United States Code (as added to that title
effective October 1, 2001, by section 586(b) of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 638)) is amended—
(1) in subsection (a), by striking ‘‘251 days or
more out of the preceding 365 days’’ and inserting
332
‘‘401 or more days out of the preceding 730 days’’;
and
(2) in subsection (b), by striking ‘‘prescribed
under paragraph (3)’’ and inserting ‘‘prescribed
under paragraph (4)’’.
(d) REVIEW OF MANAGEMENT OF DEPLOYMENTS OF
INDIVIDUAL MEMBERS.— Not later than March 31, 2002,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives a report on the administration of section 991
of title 10, United States Code, during fiscal year 2001.
The report shall include—
(1) a discussion of the experience in tracking
and recording the deployments of members of the
Armed Forces; and
(2) any recommendations for revision of such
section that the Secretary considers appropriate.
(e) EFFECTIVE DATE.—If this Act is enacted before
October 1, 2000, the amendments made by subsections (a)
and (b) shall take effect on October 1, 2000, immediately
after the amendment made by section 586(a) of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 637) adding section 991
of title 10, United States Code, to such title.
333
SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HON-
ORS DUTY.
(a) COMPENSATION AT RATE FOR INACTIVE-DUTY
TRAINING.—(1) Section 115(b)(2) of title 32, United
States Code, is amended to read as follows:
‘‘(2) as directed by the Secretary concerned,
either—
‘‘(A) the allowance under section 435 of
title 37; or
‘‘(B) compensation under section 206 of
title 37.’’.
(2) Section 12503(b)(2) of title 10, United States
Code, is amended to read as follows:
‘‘(2) as directed by the Secretary concerned,
either—
‘‘(A) the allowance under section 435 of
title 37; or
‘‘(B) compensation under section 206 of
title 37.’’.
(b) CONFORMING REPEAL.—Section 435 of title 37,
United States Code, is amended by striking subsection (c).
(c) APPLICABILITY.—The amendments made by this
section shall apply with respect to funeral honors duty per-
formed on or after October 1, 2000.
334
SEC. 576. 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 three-year test program of reserve component
intelligence units and personnel. The purpose of the test
program 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.
(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.
335
(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
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
336
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.
(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.
349
to remove the member’s household from eligibility for ben-
efits under the food stamp program.
‘‘(2) The supplemental subsistence allowance may not
exceed $500 per month. In establishing the amount of the
supplemental subsistence allowance to be paid an eligible
member under this paragraph, the Secretary shall take
into consideration the amount of the basic allowance for
housing that the member receives under section 403 of
this title or would otherwise receive under such section,
in the case of a member who is not entitled to that allow-
ance as a result of assignment to quarters of the United
States or a housing facility under the jurisdiction of a uni-
formed service.
‘‘(3) In the case of a member described in subsection
(b) who establishes to the satisfaction of the Secretary
concerned that the allotment of the member’s household
under the food stamp program, calculated in the absence
of the supplemental subsistence allowance, would exceed
the amount established by the Secretary concerned under
paragraph (2), the amount of the supplemental subsist-
ence allowance for the member shall be equal to the lesser
of the following:
‘‘(A) The value of that allotment.
‘‘(B) $500.
498
value 
of 
the 
multiyear 
contract 
would 
exceed
$500,000,000 unless authority for the contract is specifi-
cally provided by law.
‘‘(3) The head of an agency may not terminate a
multiyear procurement contract for services until 10 days
after the date on which notice of the proposed termination
is provided to the committees of Congress named in para-
graph (5).
‘‘(4) Before any contract described in subsection (a)
that contains a clause setting forth a cancellation ceiling
in excess of $100,000,000 may be awarded, the head of
the agency concerned shall give written notification of the
proposed contract and of the proposed cancellation ceiling
for that contract to the committees of Congress named
in paragraph (5), and such contract may not then be
awarded until the end of a period of 30 days beginning
on the date of such notification.
‘‘(5) The committees of Congress referred to in para-
graphs (1), (3), and (4) are as follows:
‘‘(A) The Committee on Armed Services and
the Committee on Appropriations of the Senate.
‘‘(B) The Committee on Armed Services and
the Committee on Appropriations of the House of
Representatives.