IB
Union Calendar No. 336
106TH CONGRESS
2D SESSION
H. R. 4205
[Report No. 106–616]
To authorize appropriations for fiscal year 2001 for military activities of
the Department of Defense and for military construction, to prescribe
military personnel strengths for fiscal year 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 2000
Mr. SPENCE (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services
MAY 12, 2000
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 6, 2000]
A BILL
To authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense and for military
construction, to prescribe military personnel strengths
for fiscal year 2001, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001’’.
(b) FINDINGS.—Congress makes the following findings:
(1) Representative Floyd D. Spence of South
Carolina was elected to the House of Representatives
in 1970, for service in the 92d Congress, after serving
in the South Carolina legislature for 10 years, and he
has been reelected to each subsequent Congress.
(2) Representative Spence came to Congress as a
distinguished veteran of service in the Armed Forces
of the United States.
(3) Upon graduation from college in 1952, Rep-
resentative Spence was commissioned as an ensign in
the United States Naval Reserve. After entering active
duty, he served with distinction aboard the USS
CARTER HALL and the USS LSM–397 during the
Korean War and later served as commanding officer
of a Naval Reserve Surface Division and as group
commander of all Naval Reserve units in Columbia,
South Carolina. Representative Spence retired from
the Naval Reserve in 1988 in the grade of captain,
after 41 years of dedicated service.
(4) Upon election to the House of Representa-
tives, Representative Spence became a member of the
Committee on Armed Services of that body. During
30 years of service on that committee (four years of
which were served while the committee was known as
the Committee on National Security), Representative
Spence’s contributions to the national defense and se-
curity of the United States have been profound and
long lasting.
(5) Representative Spence served as chairman of
that committee while known as the Committee on Na-
tional Security during the 104th and 105th Con-
gresses and serves as chairman of that committee for
the 106th Congress. In addition, Representative
Spence served as the ranking minority member of the
Committee on Armed Services during the 103d Con-
gress.
(6) Dozens of awards from active duty and re-
serve military, veterans service, military retiree, and
industry organizations and associations have recog-
nized the distinguished character of Representative
Spence’s service to the Nation.
(7) Representative Spence has been a leading fig-
ure in the debate over many of the most critical mili-
tary readiness, health care, recruiting, and retention
issues currently confronting the Nation’s military.
His concern for the men and women in uniform has
been unwavering, and his accomplishments in pro-
moting and gaining support for those issues that pre-
serve the combat effectiveness, morale, and quality of
life of the Nation’s military personnel have been un-
paralleled.
(8) During his tenure as chairman of the Com-
mittee on National Security and the Committee on
Armed Services of the House of Representatives, Rep-
resentative Spence has—
(A) led efforts to identify and reverse the ef-
fect that declining resources and rising commit-
ments have had on military quality of life for
service members and their families, on combat
readiness, and on equipment modernization,
with a direct result of those diligent efforts and
of his willingness to be an outspoken proponent
for America’s military being that Congress has
added nearly $50,000,000,000 to the President’s
defense budgets over the past five years;
(B) been a leading proponent of the need to
expeditiously develop and field a national mis-
sile defense to protect American citizens and for-
ward deployed military forces from growing bal-
listic missile threats;
(C) advocated reversing the growing dis-
parity between actual military capability and
the requirements associated with the National
Military Strategy; and
(D) led efforts in Congress to reform De-
partment of Defense acquisition and manage-
ment headquarters and infrastructure and busi-
ness practices.
(9) This Act is the 30th annual authorization
bill for the Department of Defense for which Rep-
resentative Spence has taken a major responsibility as
a member of the Committee on Armed Services of the
House of Representatives (including four years while
that committee was known as the Committee on Na-
tional Security).
(10) In light of the findings in the preceding
paragraphs, it is altogether fitting and proper that
this Act be named in honor of Representative Floyd
D. Spence of South Carolina, as provided in sub-
section (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense Health Program.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of Bunker Defeat Munitions that may
be acquired.
Sec. 113. Armament Retooling and Manufacturing Support Initiative.
Subtitle C—Navy Programs
Sec. 121. Submarine force structure.
Sec. 122. Virginia class submarine program.
Sec. 123. Retention of configuration of certain Naval Reserve frigates.
Sec. 124. Extension of multiyear procurement authority for Arleigh Burke class
destroyers.
Subtitle D—Air Force Programs
Sec. 131. Annual report on operational status of B–2 bomber.
Subtitle E—Joint Programs
Sec. 141. Study of production alternatives for the Joint Strike Fighter program.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. High energy laser programs.
Sec. 212. Management of Space-Based Infrared System—Low.
Sec. 213. Joint strike fighter.
Subtitle C—Ballistic Missile Defense
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Sense of Congress concerning commitment to deployment of National
Missile Defense system.
Sec. 233. Reports on ballistic missile threat posed by North Korea.
Sec. 234. Plan to modify ballistic missile defense architecture to cover inter-
mediate-range ballistic missile threats.
Sec. 235. Designation of Airborne Laser Program as a program element of Bal-
listic Missile Defense program.
Subtitle D—Other Matters
Sec. 241. Recognition of those individuals instrumental to naval research efforts
during the period from before World War II through the end of
the Cold War.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Environmental Provisions
Sec. 311. Payment of fines and penalties imposed for environmental violations.
Sec. 312. Necessity of military low-level flight training to protect national secu-
rity and enhance military readiness.
Sec. 313. Use of environmental restoration accounts to relocate activities from de-
fense environmental restoration sites.
Subtitle C—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 321. Use of appropriated funds to cover operating expenses of commissary
stores.
Sec. 322. Adjustment of sales prices of commissary store goods and services to
cover certain expenses.
Sec. 323. Use of surcharges for construction and improvement of commissary
stores.
Sec. 324. Inclusion of magazines and other periodicals as an authorized com-
missary merchandise category.
Sec. 325. Use of most economical distribution method for distilled spirits.
Sec. 326. Report on effects of availability of slot machines on United States mili-
tary installations overseas.
Subtitle D—Performance of Functions by Private-Sector
Sources
Sec. 331. Inclusion of additional information in reports to Congress required be-
fore conversion of commercial or industrial type functions to
contractor performance.
Sec. 332. Limitation on use of funds for Navy Marine Corps intranet contract.
Subtitle E—Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian
employees.
Sec. 342. Eligibility for attendance at Department of Defense domestic dependent
elementary and secondary schools.
Subtitle F—Military Readiness Issues
Sec. 351. Additional capabilities of, and reporting requirements for, the readiness
reporting system.
Sec. 352. Reporting requirements regarding transfers from high-priority readiness
appropriations.
Sec. 353. Department of Defense strategic plan to reduce backlog in maintenance
and repair of defense facilities.
Subtitle G—Other Matters
Sec. 361. Authority to ensure demilitarization of significant military equipment
formerly owned by the Department of Defense.
Sec. 362. Annual report on public sale of certain military equipment identified
on United States Munitions List.
Sec. 363. Registration of certain information technology systems with chief
information officer.
Sec. 364. Studies and reports required as precondition to certain manpower re-
ductions.
Sec. 365. National Guard assistance for certain youth and charitable organiza-
tions.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to be on
active duty in support of the Reserves.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—General Personnel Management Authorities
Sec. 501. Authority for Secretary of Defense to suspend certain personnel strength
limitations during war or national emergency.
Sec. 502. Authority to issue posthumous commissions in the case of members
dying before official recommendation for appointment or pro-
motion is approved by secretary concerned.
Sec. 503. Technical correction to retired grade rule for Army and Air Force
officers.
Sec. 504. Extension to end of calendar year of expiration date for certain force
drawdown transition authorities.
Sec. 505. Clarification of requirements for composition of active-duty list selection
boards when reserve officers are under consideration.
Sec. 506. Voluntary Separation Incentive.
Sec. 507. Congressional review period for assignment of women to duty on sub-
marines and for any proposed reconfiguration or design of sub-
marines to accommodate female crew members.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Exemption from active-duty list for reserve officers on active duty for
a period of three years or less.
Sec. 512. Exemption of reserve component medical and dental officers from count-
ing in grade strengths.
Sec. 513. Continuation of officers on the reserve active status list without
requirement for application.
Sec. 514. Authority to retain reserve component chaplains and officers in medical
specialties until specified age.
Sec. 515. Authority for temporary increase in number of reserve component per-
sonnel serving on active duty or full-time National Guard duty
in certain grades.
Sec. 516. Authority for provision of legal services to reserve component members
following release from active duty.
Sec. 517. Entitlement to separation pay for reserve officers released from active
duty upon declining selective continuation on active duty after
second failure of selection for promotion.
Sec. 518. Extension of involuntary civil service retirement date for certain reserve
technicians.
Subtitle C—Education and Training
Sec. 521. College tuition assistance program for pursuit of degrees by members of
the Marine Corps Platoon Leaders Class program.
Sec. 522. Review of allocation of Junior Reserve Officers Training Corps units
among the services.
Sec. 523. Authority for Naval Postgraduate School to enroll certain defense indus-
try civilians in specified programs relating to defense product
development.
Subtitle D—Decorations, Awards, and Commendations
Sec. 531. Authority for award of the Medal of Honor to Andrew J. Smith for
valor during the Civil War.
Sec. 532. Authority for award of the Medal of Honor to Ed W. Freeman for valor
during the Vietnam Conflict.
Sec. 533. Consideration of proposals for posthumous or honorary promotions or
appointments of members or former members of the Armed
Forces and other qualified persons.
Sec. 534. Waiver of time limitations for award of Navy Distinguished Flying
Cross to certain persons.
Sec. 535. Addition of certain information to markers on graves containing re-
mains of certain unknowns from the U.S.S. ARIZONA who died
in the Japanese attack on Pearl Harbor on December 7, 1941.
Sec. 536. Sense of Congress regarding final crew of U.S.S. INDIANAPOLIS.
Sec. 537. Posthumous 
advancement 
of 
Rear 
Admiral 
(retired) 
Husband
E. Kimmel and Major General (retired) Walter C. Short on re-
tired lists.
Sec. 538. Commendation of citizens of Remy, France, for World War II actions.
Subtitle E—Military Justice Matters
Sec. 541. Recognition by States of military testamentary instruments.
Sec. 542. Probable cause required for entry of names of subjects into official
criminal investigative reports.
Sec. 543. Collection and use of DNA identification information from violent and
sexual offenders in the Armed Forces.
Sec. 544. Limitation on Secretarial authority to grant clemency for military
prisoners serving sentence of confinement for life without eligi-
bility for parole.
Sec. 545. Authority for civilian special agents of military department criminal
investigative organizations to execute warrants and make ar-
rests.
Subtitle F—Other Matters
Sec. 551. Funeral honors duty compensation.
Sec. 552. Test of ability of reserve component intelligence units and personnel to
meet current and emerging defense intelligence needs.
Sec. 553. National Guard Challenge program.
Sec. 554. Study of use of civilian contractor pilots for operational support
missions.
Sec. 555. Pilot program to enhance military recruiting by improving military
awareness of school counselors and educators.
Sec. 556. Reimbursement for expenses incurred by members in connection with
cancellation of leave on short notice.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Revised method for calculation of basic allowance for subsistence.
Sec. 603. Family subsistence supplemental allowance for low-income members of
the Armed Forces.
Sec. 604. Calculation of basic allowance for housing for inside the United States.
Sec. 605. Equitable treatment of junior enlisted members in computation of basic
allowance for housing.
Sec. 606. Basic allowance for housing authorized for additional members without
dependents who are on sea duty.
Sec. 607. Personal money allowance for senior enlisted members of the Armed
Forces.
Sec. 608. Allowance for officers for purchase of required uniforms and equipment.
Sec. 609. Increase 
in 
monthly 
subsistence 
allowance 
for 
members 
of
precommissioning programs.
Sec. 610. Additional amount available for fiscal year 2001 increase in basic al-
lowance for housing inside the United States.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for reserve
forces.
Sec. 612. Extension of certain bonuses and special pay authorities for nurse offi-
cer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses and spe-
cial pays.
Sec. 614. Consistency of authorities for special pay for reserve medical and dental
officers.
Sec. 615. Special pay for Coast Guard physician assistants.
Sec. 616. Special duty assignment pay for enlisted members.
Sec. 617. Revision of career sea pay.
Sec. 618. Revision of enlistment bonus authority.
Sec. 619. Authorization of retention bonus for members of the Armed Forces
qualified in a critical military skill.
Sec. 620. Elimination of required congressional notification before implementa-
tion of certain special pay authority.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Advance payments for temporary lodging of members and dependents.
Sec. 632. Additional transportation allowance regarding baggage and household
effects.
Sec. 633. Equitable dislocation allowances for junior enlisted members.
Sec. 634. Authority to reimburse military recruiters, Senior ROTC cadre, and
military entrance processing personnel for certain parking ex-
penses.
Sec. 635. Expansion of funded student travel for dependents.
Subtitle D—Retirement and Survivor Benefit Matters
Sec. 641. Increase in maximum number of reserve retirement points that may be
credited in any year.
Sec. 642. Reserve component survivor benefit plan spousal consent requirement.
Subtitle E—Other Matters
Sec. 651. Participation in Thrift Savings Plan.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Two-year extension of authority for use of contract physicians at mili-
tary entrance processing stations and elsewhere outside medical
treatment facilities.
Sec. 702. Medical and dental care for medal of honor recipients.
Sec. 703. Provision of domiciliary and custodial care for CHAMPUS bene-
ficiaries and certain former CHAMPUS beneficiaries.
Sec. 704. Demonstration project for expanded access to mental health counselors.
Sec. 705. Teleradiology demonstration project.
Subtitle B—TRICARE Program
Sec. 711. Additional beneficiaries under TRICARE Prime Remote program in
the continental United States.
Sec. 712. Elimination of copayments for immediate family.
Sec. 713. Modernization of TRICARE business practices and increase of use of
military treatment facilities.
Sec. 714. Claims processing improvements.
Sec. 715. Prohibition against requirement for prior authorization for certain re-
ferrals; report on nonavailability-of-health-care statements.
Sec. 716. Authority to establish special locality-based reimbursement rates; re-
ports.
Sec. 717. Reimbursement for certain travel expenses.
Sec. 718. Reduction of catastrophic cap.
Sec. 719. Report on protections against health care providers seeking direct reim-
bursement from members of the uniformed services.
Sec. 720. Disenrollment process for TRICARE retiree dental program.
Subtitle C—Health Care Programs for Medicare-Eligible
Department of Defense Beneficiaries
Sec. 721. Implementation of TRICARE senior pharmacy program.
Sec. 722. Study on health care options for medicare-eligible military retirees.
Sec. 723. Extended coverage under Federal Employees Health Benefits Program.
Sec. 724. Extension of TRICARE senior supplement program.
Sec. 725. Extension of TRICARE senior prime demonstration project.
Subtitle D—Other Matters
Sec. 731. Training in health care management and administration.
Sec. 732. Study of accrual financing for health care for military retirees.
Sec. 733. Tracking patient safety in military medical treatment facilities.
Sec. 734. Pharmaceutical identification technology.
Sec. 735. Management of vaccine immunization program.
Sec. 736. Study on feasibility of sharing biomedical research facility.
Sec. 737. Chiropractic health care for members on active duty.
Sec. 738. VA-DOD sharing agreements for health services.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Sec. 801. Extension of authority for Department of Defense acquisition pilot pro-
grams; reports required.
Sec. 802. Technical data rights for items developed exclusively at private expense.
Sec. 803. Management of acquisition of mission-essential software for major de-
fense acquisition programs.
Sec. 804. Extension of waiver period for live-fire survivability testing for MH–
47E and MH–60K helicopter modification programs.
Sec. 805. Three-year extension of authority of Defense Advanced Research Projects
Agency to carry out certain prototype projects.
Sec. 806. Certification of major automated information systems as to compliance
with Clinger-Cohen Act.
Sec. 807. Limitations on procurement of certain items.
Sec. 808. Multiyear services contracts.
Sec. 809. Study on impact of foreign sourcing of systems on long-term military
readiness and related industrial infrastructure.
Sec. 810. Prohibition against use of Department of Defense funds to give or with-
hold a preference to a marketer or vendor of firearms or ammu-
nition.
Sec. 811. Study and report on practice of contract bundling in military construc-
tion contracts.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Change of title of certain positions in the Headquarters, Marine Corps.
Sec. 902. Further reductions in defense acquisition and support workforce.
Sec. 903. Clarification of scope of inspector general authorities under military
whistleblower law.
Sec. 904. Report on number of personnel assigned to legislative liaison functions.
Sec. 905. Joint report on establishment of national collaborative information
analysis capability.
Sec. 906. Organization and management of Civil Air Patrol.
Sec. 907. Report on Network Centric Warfare.
Sec. 908. Defense Institute for Hemispheric Security Cooperation.
Sec. 909. Department of Defense regional centers for security studies.
Sec. 910. Change in name of Armed Forces Staff College to Joint Forces Staff
College.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for fiscal
year 2000.
Sec. 1004. Contingent repeal of certain provisions shifting certain outlays from
one fiscal year to another.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations
for fiscal year 2001.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. National Defense Features Program.
Subtitle C—Counter-Drug Activities
Sec. 1021. Report on Department of Defense expenditures to support foreign
counter-drug activities.
Sec. 1022. Report on tethered aerostat radar system.
Subtitle D—Other Matters
Sec. 1031. Funds for administrative expenses under Defense Export Loan Guar-
antee program.
Sec. 1032. Technical and clerical amendments.
Sec. 1033. Transfer of Vietnam era TA–4 aircraft to nonprofit foundation.
Sec. 1034. Transfer of 19th century cannon to museum.
Sec. 1035. Expenditures for declassification activities.
Sec. 1036. Authority to provide loan guarantees to improve domestic preparedness
to combat cyberterrorism.
Sec. 1037. V–22 cockpit aircraft voice and flight data recorders.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL
Sec. 1101. Employment and compensation provisions for employees of temporary
organizations established by law or executive order.
Sec. 1102. Restructuring the restriction on degree training.
Sec. 1103. Continuation of tuition reimbursement and training for certain acqui-
sition personnel.
Sec. 1104. Extension of authority for civilian employees of the Department of De-
fense to participate voluntarily in reductions in force.
Sec. 1105. Expansion of defense civilian intelligence personnel system positions.
Sec. 1106. Pilot program for reengineering the equal employment opportunity
complaint process.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities.
Sec. 1202. Annual report assessing effect of continued operations in the Balkans
region on readiness to execute the national military strategy.
Sec. 1203. Situation in the Balkans.
Sec. 1204. Limitation on number of military personnel in Colombia.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH
STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional weapons.
Sec. 1304. Limitations on use of funds for fissile material storage facility.
Sec. 1305. Limitation on use of funds until submission of multiyear plan.
Sec. 1306. Russian nonstrategic nuclear arms.
Sec. 1307. Limitation on use of funds to support warhead dismantlement proc-
essing.
Sec. 1308. Agreement on nuclear weapons storage sites.
Sec. 1309. Prohibition on use of funds for construction of fossil fuel energy plants.
Sec. 1310. Audits of Cooperative Threat Reduction programs.
Sec. 1311. Limitation on use of funds for prevention of biological weapons pro-
liferation in Russia.
TITLE XIV—COMMISSION TO ASSESS THE THREAT TO THE
UNITED STATES FROM ELECTROMAGNETIC PULSE (EMP)
ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Report.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
TITLE XV—PROVISIONS REGARDING VIEQUES ISLAND,
PUERTO RICO
Sec. 1501. Conditions on disposal of Naval Ammunition Support Detachment,
Vieques Island.
Sec. 1502. Retention of eastern portion of Vieques Island.
Sec. 1503. Limitations on military use of Vieques Island.
Sec. 1504. Economic assistance for residents of Vieques Island.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 1999 project.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997 project at Ma-
rine Corps Combat Development Command, Quantico, Virginia.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Revision of limitations on space by pay grade.
Sec. 2802. Leasing of military family housing, United States Southern Com-
mand, Miami, Florida.
Sec. 2803. Extension of alternative authority for acquisition and improvement of
military housing.
Sec. 2804. Expansion of definition of armory to include readiness centers.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Increase in threshold for notice and wait requirements for real prop-
erty transactions.
Sec. 2812. Enhancement of authority of military departments to lease non-excess
property.
Sec. 2813. Conveyance authority regarding utility systems of military depart-
ments.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2834. Land conveyance, Fort Polk, Louisiana.
Sec. 2835. Land conveyance, Fort Pickett, Virginia.
Sec. 2836. Land conveyance, Fort Dix, New Jersey.
Sec. 2837. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2838. Land exchange, Fort Hood, Texas.
Sec. 2839. Land conveyance, Charles Melvin Price Support Center, Illinois.
Sec. 2840. Land conveyance, Army Reserve Local Training Center, Chattanooga,
Tennessee.
PART II—NAVY CONVEYANCES
Sec. 2851. Modification of authority for Oxnard Harbor District, Port Hueneme,
California, to use certain Navy property.
Sec. 2852. Modification of land conveyance, Marine Corps Air Station, El Toro,
California.
Sec. 2853. Transfer of jurisdiction, Marine Corps Air Station, Miramar, Cali-
fornia.
Sec. 2854. Lease of property, Marine Corps Air Station, Miramar, California.
Sec. 2855. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2856. Land exchange, Marine Corps Recruit Depot, San Diego, California.
Sec. 2857. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2858. Land conveyance, Naval Reserve Center, Tampa, Florida.
PART III—AIR FORCE CONVEYANCES
Sec. 2861. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Los Angeles Air Force Base, California.
PART IV—OTHER CONVEYANCES
Sec. 2871. Conveyance of Army and Air Force Exchange Service property, Farm-
ers Branch, Texas.
Subtitle D—Other Matters
Sec. 2881. Relation of easement authority to leased parkland, Marine Corps Base,
Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of fire, security,
police, public works, and utility services from local government
agencies.
Sec. 2883. Establishment of World War II memorial on Guam.
Sec. 2884. Naming of Army missile testing range at Kwajalein Atoll as the Ron-
ald Reagan Ballistic Missile Defense Test Site at Kwajalein
Atoll.
Sec. 2885. Designation of building at Fort Belvoir, Virginia, in honor of Andrew
T. McNamara.
Sec. 2886. Designation of Balboa Naval Hospital, San Diego, California, in
honor of Bob Wilson, a former Member of the House of Rep-
resentatives.
Sec. 2887. Sense of Congress regarding importance of expansion of National
Training Center, Fort Irwin, California.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense facilities closure projects.
Sec. 3105. Defense environmental management privatization.
Sec. 3106. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Availability of funds.
Sec. 3128. Transfers of defense environmental management funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Funding for termination costs for tank waste remediation system envi-
ronmental project, Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security Administra-
tion and Ballistic Missile Defense Organization.
Sec. 3133. Required contents of future-years nuclear security program to be sub-
mitted with fiscal year 2002 budget and limitation on the obli-
gation of certain funds pending submission of that program.
Sec. 3134. Limitation on obligation of certain funds.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Use of excess titanium sponge in the National Defense Stockpile to
manufacture Department of Defense equipment.
TITLE XXXIV—MARITIME ADMINISTRATION
Sec. 3401. Authorization of appropriations for fiscal year 2001.
Sec. 3402. Extension of period for disposal of obsolete vessels in the National De-
fense Reserve Fleet.
Sec. 3403. Authority to convey National Defense Reserve Fleet vessel, GLACIER.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 2001 for procurement for the Army as follows:
(1) For aircraft, $1,542,762,000.
(2) For missiles, $1,367,681,000.
(3) For weapons and tracked combat vehicles,
$2,167,938,000.
(4) For ammunition, $1,199,323,000.
(5) For other procurement, $4,095,270,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2001 for procurement for the Navy
as follows:
(1) For aircraft, $8,205,758,000.
(2) For weapons, including missiles and tor-
pedoes, $1,562,250,000.
(3) 
For 
shipbuilding 
and 
conversion,
$11,981,968,000.
(4) For other procurement, $3,432,011,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2001 for procurement for
the Marine Corps in the amount of $1,254,735,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2001 for procurement of ammunition for the Navy and the
Marine Corps in the amount of $481,349,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 2001 for procurement for the Air Force as follows:
(1) For aircraft, $10,267,153,000.
(2) For missiles, $3,046,715,000.
(3) For ammunition, $638,808,000.
(4) For other procurement, $7,869,903,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
(a) AMOUNT AUTHORIZED.—Funds are hereby author-
ized to be appropriated for fiscal year 2001 for Defense-
wide procurement in the amount of $2,309,074,000.
(b) AMOUNT FOR NATIONAL MISSILE DEFENSE.—Of
the funds authorized to be appropriated in subsection (a),
$74,500,000 shall be available for the National Missile De-
fense program.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 2001 for procurement for the Inspector General of
the Department of Defense in the amount of $3,300,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 2001 the amount of $877,100,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fis-
cal year 2001 for the Department of Defense for procure-
ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $290,006,000.
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.
(a) M2A3 BRADLEY FIGHTING VEHICLE.—(1) Begin-
ning with the fiscal year 2001 program year, the Secretary
of the Army may, in accordance with section 2306b of title
10, United States Code, enter into one or more multiyear
contracts for procurement of M2A3 Bradley fighting vehi-
cles.
(2) The Secretary of the Army may execute a contract
authorized by paragraph (1) only after—
(A) there is a successful completion of a M2A3
Bradley initial operational test and evaluation
(IOT&E); and
(B) the Secretary certifies in writing to the con-
gressional defense committees that the vehicle met all
required test parameters.
(b) UTILITY HELICOPTERS.—Beginning with the fis-
cal year 2002 program year, the Secretary of the Army
may, in accordance with section 2306b of title 10, United
States Code, enter into one or more multiyear contracts for
procurement of UH–60 Blackhawk utility helicopters and,
acting as executive agent for the Department of the Navy,
CH–60 Knighthawk utility helicopters.
SEC. 112. INCREASE IN LIMITATION ON NUMBER OF
BUNKER DEFEAT MUNITIONS THAT MAY BE
ACQUIRED.
Section 116(2) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2862) is amended by striking ‘‘6,000’’ and inserting
‘‘8,500’’.
SEC. 113. ARMAMENT RETOOLING AND MANUFACTURING
SUPPORT INITIATIVE.
(a) EXPANSION OF AUTHORITY.—The Armament Re-
tooling and Manufacturing Support Act of 1992 (subtitle
H of title I of Public Law 102–484; 10 U.S.C. 2501 note)
is amended—
(1) in section 193—
(A) in subsection (a), by striking ‘‘2001’’
and inserting ‘‘2002’’; and
(B) by adding at the end the following new
subsection:
‘‘(d) INCLUSION OF MANUFACTURING ARSENALS.—For
purposes of this Act, a manufacturing arsenal of the De-
partment of the Army shall be treated as a Government-
owned, contractor-operated manufacturing facility of the
Department of the Army.’’; and
(2) in section 194—
(A) by striking subsection (a)(1) and insert-
ing the following:
‘‘(1) to use the facility for any period of time
that the Secretary determines is appropriate for the
accomplishment of, and consistent with, the needs of
the Department of the Army and the purposes of the
ARMS Initiative; and’’; and
(B) by adding at the end the following new
subsection:
‘‘(c) AUTHORITY TO ACCEPT NON-MONETARY CONSID-
ERATION FOR USE OF FACILITIES.—The Secretary may ac-
cept non-monetary consideration in lieu of rental payments
for use of a facility under a contract entered into under
this section.’’.
(b) REPORT.—Not later than July 1, 2001, the Sec-
retary of the Army shall submit to the congressional defense
committees a report on the progress of the implementation
of the ARMS Initiative at manufacturing arsenals of the
Department of the Army under the Armament Retooling
and Manufacturing Support Act of 1992 (as amended by
subsection (a)). The report shall contain a comprehensive
review of contracting at the manufacturing arsenals of the
Department of the Army and such recommendations as the
Secretary considers appropriate.
Subtitle C—Navy Programs
SEC. 121. SUBMARINE FORCE STRUCTURE.
(a) LIMITATION ON RETIREMENT OF SUBMARINES.—
The Secretary of Defense may not retire from the active
force structure of the Navy any Los Angeles class nuclear-
powered attack submarine (SSN) which has less than 30
years of active service.
(b) REPORT.—Not later than April 15, 2001, the
President shall submit to Congress a report on the required
force structure for nuclear-powered submarines, including
attack submarines (SSNs), ballistic missile submarines
(SSBNs), and cruise missile submarines (SSGNs), to sup-
port the national military strategy through 2020. The re-
port shall include a detailed discussion of the acquisition
strategy and fleet maintenance requirements to achieve and
maintain that force structure through—
(1) the procurement of new construction sub-
marines;
(2) the refueling of Los Angeles class attack sub-
marines (SSNs) to achieve the maximum amount of
operational useful service; and
(3) the conversion of Ohio class submarines that
are no longer required for the strategic deterrence
mission from their current ballistic missile (SSBN)
configuration to a cruise-missile (SSGN) configura-
tion.
SEC. 122. VIRGINIA CLASS SUBMARINE PROGRAM.
(a) CONTRACT AUTHORITY.—The Secretary of the
Navy is authorized to enter into a contract or contracts for
the procurement of five Virginia class submarines during
fiscal years 2003 through 2006. Any such contract shall
provide that any obligation of the United States to make
payments under the contract is subject to the availability
of funds provided in advance in appropriations Acts. The
submarines authorized to be procured under this subsection
are in addition to the submarines authorized under section
121(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105–85; 111 Stat. 1648).
(b) SHIPBUILDER TEAMING.—Paragraphs (2)(A), (3),
and (4) of section 121(b) of National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
1648) apply to the procurement of submarines under this
section.
(c) LIMITATION OF LIABILITY.—If a contract entered
into under this section is terminated, the United States
shall not be liable for termination costs in excess of the total
amount appropriated for the Virginia class submarine pro-
gram.
SEC. 123. RETENTION OF CONFIGURATION OF CERTAIN
NAVAL RESERVE FRIGATES.
For each FFG–7 class frigate produced in Flight I or
Flight II of that class that is commissioned in active serv-
ice, the Secretary of the Navy shall, for so long as the vessel
remains commissioned in active service—
(1) provide for the vessel to be configured and
equipped with the complete organic weapons system
capability for that vessel, as specified in the Navy’s
Operational Requirements Document; and
(2) retain those operational assets that are inte-
gral to the FFG–7 weapons system in their current
(as of the enactment of this Act) locations in order to
avoid disruption of established training and oper-
ational cycles.
SEC. 124. EXTENSION OF MULTIYEAR PROCUREMENT AU-
THORITY FOR ARLEIGH BURKE CLASS DE-
STROYERS.
(a) AUTHORITY FOR ADDITIONAL MULTIYEAR PRO-
CUREMENT.—Section 122(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–201;
110 Stat. 2446), as amended by section 122(a) of the Na-
tional Defense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 113 Stat. 534), is amended—
(1) in the first sentence, by striking ‘‘18 Arleigh
Burke class destroyers’’ and all that follows through
‘‘2003’’ and inserting ‘‘Arleigh Burke class destroy-
ers’’; and
(2) by inserting after the first sentence the fol-
lowing new sentence: ‘‘Vessels authorized under this
subsection shall be acquired at a procurement rate of
three ships per year in each of fiscal years 1998
through 2001 and up to three ships per year in each
of fiscal years 2002 through 2005.’’.
(b) CLERICAL AMENDMENT.—The heading for such
subsection is amended by striking ‘‘OF 18 VESSELS’’.
Subtitle D—Air Force Programs
SEC. 131. ANNUAL REPORT ON OPERATIONAL STATUS OF B–
2 BOMBER.
(a) IN GENERAL.—(1) Chapter 136 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2282. B–2 bomber: annual report on operational
status
‘‘Not later than March 1 of each year, the Secretary
of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report on the operational status
of the B–2 bomber. Each such report shall include the fol-
lowing:
‘‘(1) An assessment as to whether the B–2 air-
craft has a high probability of being able to perform
its intended missions.
‘‘(2) Identification of all planned or ongoing de-
velopment of technologies to enhance B–2 aircraft ca-
pabilities for which funds are programmed in the fu-
ture years defense program and an assessment as to
whether those technologies—
‘‘(A) are consistent with the Air Force
bomber roadmap in effect at the time of the
report;
‘‘(B) are consistent with the recommenda-
tions of the report of the Long-Range Air Power
panel established by section 8131 of the Depart-
ment of Defense Appropriations Act, 1998 (Pub-
lic Law 105–56); and
‘‘(C) will be sufficient to assure that the B–
2 aircraft will have a high probability of being
able to perform its intended missions in the fu-
ture.
‘‘(3) Definition of any additional technology de-
velopment required to assure that the B–2 aircraft
will retain a high probability of being able to perform
its intended missions and an estimate of the funding
required to develop those additional technologies.
‘‘(4) An assessment as to whether the technologies
identified pursuant to paragraph (2) are adequately
funded in the budget request for the next fiscal year
and whether funds have been identified throughout the
future years defense program to continue those tech-
nology developments at an adequate level.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2282. B–2 bomber: annual report on operational status.’’.
(b) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENT.—Section 112 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101–189)
is repealed.
Subtitle E—Joint Programs
SEC. 141. STUDY OF PRODUCTION ALTERNATIVES FOR THE
JOINT STRIKE FIGHTER PROGRAM.
(a) REPORT REQUIRED.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report providing the
results of a study of production alternatives for the Joint
Strike Fighter aircraft program and the effects on the tac-
tical fighter aircraft industrial base of each alternative con-
sidered.
(b) MATTERS TO BE INCLUDED.—The report under
subsection (a) shall include the following:
(1) Examination of alternative production strat-
egies for the program, including—
(A) production of all aircraft under the pro-
gram at one location;
(B) production at dual locations; and
(C) production at multiple locations using
facilities of the existing bomber and fighter air-
craft production base.
(2) Identification of each major Government or
industry facility that is a potential location for pro-
duction of such aircraft.
(3) Identification of the anticipated costs of pro-
duction of that aircraft at each facility identified
pursuant to paragraph (2) under each of the alter-
native production strategies examined pursuant to
paragraph (1), based upon a reasonable profile for the
annual procurement of that aircraft once it enters
production.
(4) A comparison, for each such production
strategy, of the anticipated costs of carrying out pro-
duction of that aircraft at each such location with the
costs of carrying out such production at each of the
other such locations.
(c) COST COMPARISON.—In identifying costs under
subsection (b)(3) and carrying out the cost comparisons re-
quired by subsection (b)(4), the Secretary shall include con-
sideration of each of the following factors:
(1) State tax credits.
(2) State and local incentives.
(3) Skilled resident workforce.
(4) Supplier and technical support bases.
(5) Available stealth production facilities.
(6) Environmental standards.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2001 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $5,500,246,000.
(2) For the Navy, $8,834,477,000.
(3) For the Air Force, $13,677,108,000.
(4) For Defense-wide activities, $11,297,323,000,
of which $219,560,000 is authorized for Operational
Test and Evaluation, Defense.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 2001.—Of the amounts authorized
to be appropriated by section 201, $4,435,354,000 shall be
available for basic research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DE-
FINED.—For purposes of this section, the term ‘‘basic re-
search and applied research’’ means work funded in pro-
gram elements for defense research and development under
Department of Defense category 6.1 or 6.2.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. HIGH ENERGY LASER PROGRAMS.
(a) FUNDING FOR FISCAL YEAR 2001.—(1) Of the
amount authorized to be appropriated by section 201(4),
$30,000,000 is authorized for high energy laser develop-
ment.
(2) Funds available under this section are available
to supplement the high energy laser programs of the mili-
tary departments and Defense Agencies, as determined by
the official designated under subsection (b).
(b) DESIGNATION OF OFFICIAL FOR HIGH ENERGY
LASER PROGRAMS.—(1) The Secretary of Defense shall des-
ignate a senior civilian official in the Office of the Secretary
of Defense (in this section referred to as the ‘‘designated offi-
cial’’) to carry out responsibilities for the programs for
which funds are provided under this section. The designated
official shall report directly to the Under Secretary of De-
fense for Acquisition, Technology, and Logistics for matters
concerning the responsibilities specified in paragraph (2).
(2) The primary responsibilities of the designated offi-
cial shall include the following:
(A) Establishment of priorities for the high en-
ergy laser programs of the military departments and
the Defense Agencies.
(B) Coordination of high energy laser programs
among the military departments and the Defense
Agencies.
(C) Identification of promising high energy laser
technologies for which funding should be a high pri-
ority for the Department of Defense and establishment
of priority for funding among those technologies.
(D) Preparation, in coordination with the Secre-
taries of the military departments and the Directors
of the Defense Agencies, of a detailed technology plan
to develop and mature high energy laser technologies.
(E) Planning and programming appropriate to
rapid evolution of high energy laser technology.
(F) Ensuring that high energy laser programs of
each military department and the Defense Agencies
are initiated and managed effectively and are com-
plementary with programs managed by the other
military departments and Defense Agencies and by
the Office of the Secretary of Defense.
(G) Ensuring that the high energy laser pro-
grams of the military department and the Defense
Agencies comply with the requirements specified in
subsection (c).
(c) COORDINATION AND FUNDING BALANCE.—In car-
rying out the responsibilities specified in subsection (b)(2),
the designated official shall ensure that—
(1) high energy laser programs of each military
department and of the Defense Agencies are consistent
with the priorities identified in the designated offi-
cial’s planning and programming activities;
(2) funding provided by the Office of the Sec-
retary of Defense for high energy laser research and
development complements high energy laser programs
for which funds are provided by the military depart-
ments and the Defense Agencies;
(3) beginning with fiscal year 2002, funding
from the Office of the Secretary of Defense in applied
research and advanced technology development pro-
gram elements is not applied to technology efforts in
support of high energy laser programs that are not
funded by a military department or the Defense
Agencies; and
(4) funding from the Office of the Secretary of
Defense to complement an applied research or ad-
vanced technology development high energy laser pro-
gram for which funds are provided by one of the mili-
tary departments or the Defense Agencies do not ex-
ceed the amount provided by the military department
or the Defense Agencies for that program.
(d) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the Department of Defense should establish
funding for high energy laser programs within the
science and technology programs of each of the mili-
tary departments and the Ballistic Missile Defense
Organization; and
(2) the Secretary of Defense should establish a
goal that basic, applied, and advanced research in
high energy laser technology should constitute at least
4.5 percent of the total science and technology budget
of the Department of Defense by fiscal year 2004.
(e) INTERAGENCY MEMORANDUM OF AGREEMENT.—
(1) The Secretary of Defense and the Administrator for Nu-
clear Security of the Department of Energy shall enter into
a memorandum of agreement to conduct joint research and
development on military applications of high energy lasers.
(2) The projects pursued under the memorandum of
agreement—
(A) shall be of mutual benefit to the national se-
curity programs of the Department of Defense and the
National Nuclear Security Administration of the De-
partment of Energy;
(B) shall be prioritized jointly by officials des-
ignated to do so by the Secretary of Defense and the
Administrator; and
(C) shall be consistent with the technology plan
prepared pursuant to subsection (b)(2) and the re-
quirements identified in subsection (c).
(3) Costs of each project pursued under the memo-
randum of agreement shall be shared equally by the Depart-
ment of Defense and the National Nuclear Security Admin-
istration.
(4) The memorandum of agreement shall provide for
appropriate peer review of projects pursued under the
memorandum of agreement.
(f) TECHNOLOGY PLAN.—The designated official shall
submit to the congressional defense committees by February
15 of each fiscal year the technology plan prepared pursu-
ant to subsection (b)(2). The report shall be submitted in
unclassified and, if necessary, classified form.
(g) ANNUAL REPORT.—Not later than February 15 of
2001, 2002, and 2003, the Secretary of Defense shall submit
to the congressional defense committees a report on high en-
ergy laser programs of the Department of Defense. Each re-
port shall include an assessment of the following:
(1) The adequacy of the management structure of
the Department of Defense for high energy laser pro-
grams.
(2) The funding available for high energy laser
programs.
(3) The technical progress achieved for high en-
ergy laser programs.
(4) The extent to which goals and objectives of
the high energy laser technology plan have been met.
(h) DEFINITION.—For purposes of this section, the
term ‘‘high energy laser’’ means a laser that has average
power in excess of one kilowatt and that has potential weap-
ons applications.
SEC. 
212. 
MANAGEMENT 
OF 
SPACE-BASED 
INFRARED
SYSTEM—LOW.
The Secretary of Defense shall direct that the Director
of the Ballistic Missile Defense Organization shall have au-
thority for program management for the ballistic missile
defense program known on the date of the enactment of this
Act as the Space-Based Infrared System—Low.
SEC. 213. JOINT STRIKE FIGHTER.
The Joint Strike Fighter program may not be ap-
proved for entry into the Engineering and Manufacturing
Development (EMD) stage of the acquisition process until
the Secretary of Defense certifies to the congressional defense
committees that the technological maturity of key tech-
nologies for the program is sufficient to warrant entry of
the program into the Engineering and Manufacturing De-
velopment stage.
Subtitle C—Ballistic Missile
Defense
SEC. 231. FUNDING FOR FISCAL YEAR 2001.
Of the funds authorized to be appropriated in section
201(4), $2,066,200,000 shall be available for the National
Missile Defense program.
SEC. 232. SENSE OF CONGRESS CONCERNING COMMITMENT
TO DEPLOYMENT OF NATIONAL MISSILE DE-
FENSE SYSTEM.
(a) STATEMENT OF POLICY.—Congress reaffirms the
policy of the United States declared in the National Missile
Defense Act of 1999 (Public Law 106–38, signed into law
by the President on July 22, 1999).
(b) FINDINGS.—Congress makes the following findings:
(1) An effective National Missile Defense system
is technologically feasible.
(2) Hostile ‘‘rogue’’ nations are capable of posing
missile threats the United States which justify deploy-
ment of a National Missile Defense system.
(c) SENSE OF CONGRESS.—It is the sense of Congress
that the action of the President in signing the National Mis-
sile Defense Act of 1999 entails a commitment by the Presi-
dent to execute the policy declared in that Act.
SEC. 233. REPORTS ON BALLISTIC MISSILE THREAT POSED
BY NORTH KOREA.
(a) REPORT ON BALLISTIC MISSILE THREAT.—Not
later than two weeks after the next flight test by North
Korea of a long-range ballistic missile, or 60 days after the
date of the enactment of this Act, whichever is sooner, the
President shall submit to Congress, in classified and unclas-
sified form, a report on the North Korean ballistic missile
threat to the United States. The report shall include the
following:
(1) An assessment of the current North Korean
missile threat to the 50 States.
(2) An assessment of whether the United States
is capable of defeating the North Korean long-range
missile threat to the United States as of the date of
the report.
(3) An assessment of when the United States will
be capable of defeating the North Korean missile
threat to the United States.
(4) An assessment of the potential for prolifera-
tion of North Korean missile technologies to other
states and whether such proliferation will accelerate
the development of additional long-range ballistic
missile threats to the United States.
(b) REPORT
ON REDUCING VULNERABILITY.—Not
later than two weeks after the next flight test by North
Korea of a long-range ballistic missile, the President shall
submit to Congress a report providing the following:
(1) Any additional steps the President intends to
take to reduce the period of time during which the
Nation is vulnerable to the North Korean long-range
ballistic missile threat.
(2) The technical and programmatic viability of
testing any other missile defense systems against tar-
gets with flight characteristics similar to the North
Korean long-range missile threat, and plans to do so
if such tests are considered to be a viable alternative.
SEC. 234. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE
ARCHITECTURE TO COVER INTERMEDIATE-
RANGE BALLISTIC MISSILE THREATS.
(a) PLAN.—The Director of the Ballistic Missile De-
fense Organization shall develop a plan to adapt ballistic
missile defense systems and architectures to counter poten-
tial threats to the United States, United States forces de-
ployed outside the United States, and other United States
national security interests that are posed by ballistic mis-
siles with ranges of 1,500 to 2,500 miles.
(b) USE OF SPACE-BASED SENSORS INCLUDED.—The
plan shall include—
(1) potential use of space-based sensors, includ-
ing the SBIRS Low and SBIRS High systems, Navy
theater missile defense assets, upgrades of land-based
theater missile defenses, the airborne laser, and other
assets available in the European theater; and
(2) a schedule for ground and flight testing
against the identified threats.
(c) REPORT.—The Secretary of Defense shall assess the
plan and, not later than February 15, 2001, shall submit
to the congressional defense committees a report on the re-
sults of the assessment.
SEC. 235. DESIGNATION OF AIRBORNE LASER PROGRAM AS
A PROGRAM ELEMENT OF BALLISTIC MISSILE
DEFENSE PROGRAM.
Section 223(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(13) Airborne Laser program.’’.
Subtitle D—Other Matters
SEC. 241. RECOGNITION OF THOSE INDIVIDUALS INSTRU-
MENTAL TO NAVAL RESEARCH EFFORTS DUR-
ING THE PERIOD FROM BEFORE WORLD WAR
II THROUGH THE END OF THE COLD WAR.
(a) FINDINGS.—Congress makes the following findings:
(1) The contributions of the Nation’s scientific
community and of science research to the victory of
the United States and its allies in World War II re-
sulted in the understanding that science and tech-
nology are of critical importance to the future secu-
rity of the Nation.
(2) Academic institutions and oceanographers
provided vital support to the Navy and the Marine
Corps during World War II.
(3) Congress created the Office of Naval Research
in the Department of the Navy in 1946 to ensure the
availability of resources for research in oceanography
and other fields related to the missions of the Navy
and Marine Corps.
(4) The Office of Naval Research of the Depart-
ment of the Navy, in addition to its support of naval
research within the Federal Government, has also
supported the conduct of oceanographic and scientific
research through partnerships with educational and
scientific institutions throughout the Nation.
(5) These partnerships have long been recognized
as among the most innovative and productive re-
search partnerships ever established by the Federal
Government and have resulted in a vast improvement
in understanding of basic ocean processes and the de-
velopment of new technologies critical to the security
and defense of the Nation.
(b) CONGRESSIONAL RECOGNITION
AND APPRECIA-
TION.—Congress—
(1) applauds the commitment and dedication of
the officers, scientists, researchers, students, and ad-
ministrators who were instrumental to the program of
partnerships for oceanographic and scientific research
between the Federal Government and academic insti-
tutions, including those individuals who helped forge
that program before World War II, implement it dur-
ing World War II, and improve it throughout the
Cold War;
(2) recognizes that the Nation, in ultimately pre-
vailing in the Cold War, relied to a significant extent
on research supported by, and technologies developed
through, those partnerships and, in particular, on the
superior understanding of the ocean environment gen-
erated through that research;
(3) supports efforts by the Secretary of the Navy
and the Chief of Naval Research to honor those indi-
viduals, who contributed so greatly and unselfishly to
the naval mission and the national defense, through
those partnerships during the period beginning before
World War II and continuing through the end of the
Cold War; and
(4) expresses appreciation for the ongoing efforts
of the Office of Naval Research to support oceano-
graphic and scientific research and the development of
researchers in those fields, to ensure that such part-
nerships will continue to make important contribu-
tions to the defense and the general welfare of the Na-
tion.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 2000 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows:
(1) For the Army, $19,492,617,000.
(2) For the Navy, $23,321,809,000.
(3) For the Marine Corps, $2,851,678,000.
(4) For the Air Force, $22,351,164,000.
(5) For Defense-wide activities, $11,673,852,000.
(6) For the Army Reserve, $1,565,918,000.
(7) For the Naval Reserve, $967,646,000.
(8) For the Marine Corps Reserve, $150,469,000.
(9) For the Air Force Reserve, $1,890,859,000.
(10) 
For 
the 
Army 
National 
Guard,
$3,236,835,000.
(11) 
For 
the 
Air 
National 
Guard,
$3,461,875,000.
(12) 
For 
the 
Defense 
Inspector 
General,
$144,245,000.
(13) For the United States Court of Appeals for
the Armed Forces, $8,574,000.
(14) For Environmental Restoration, Army,
$389,932,000.
(15) For Environmental Restoration, Navy,
$294,038,000.
(16) For Environmental Restoration, Air Force,
$376,300,000.
(17) For Environmental Restoration, Defense-
wide, $23,412,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $186,499,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $55,800,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $841,500,000.
(21) For the Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Trust
Fund, $25,000,000.
(22) 
For 
Defense 
Health 
Program,
$11,571,523,000.
(23) For Cooperative Threat Reduction pro-
grams, $433,400,000.
(24) For Overseas Contingency Operations
Transfer Fund, $4,100,577,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 2000 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$916,276,000.
(2) For the National Defense Sealift Fund,
$737,109,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2000 from the Armed Forces Retirement Home Trust
Fund the sum of $69,832,000 for the operation of the Armed
Forces Retirement Home, including the United States Sol-
diers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $150,000,000 is author-
ized to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts
for fiscal year 2000 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT
OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts
in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section 1001.
Subtitle B—Environmental
Provisions
SEC. 311. PAYMENT OF FINES AND PENALTIES IMPOSED
FOR ENVIRONMENTAL VIOLATIONS.
(a) ARMY VIOLATIONS.—Using amounts authorized to
be appropriated by section 301(1) for operation and main-
tenance for the Army, the Secretary of the Army may pay
the following amounts in connection with environmental
violations at the following locations:
(1) $993,000 for Walter Reed Army Medical
Center, Washington, D.C., in satisfaction of a fine
imposed by Region 3 of the Environmental Protection
Agency for a supplemental environmental project.
(2) $377,250 for Fort Campbell, Kentucky, in
satisfaction of a fine imposed by Region 4 of the En-
vironmental Protection Agency for a supplemental en-
vironmental project.
(3) $20,701 for Fort Gordon, Georgia, in satis-
faction of a fine imposed by the State of Georgia for
a supplemental environmental project.
(4) $78,500 for Pueblo Chemical Depot, Colo-
rado, in satisfaction of a fine imposed by the State
of Colorado for supplemental environmental projects.
(5) $20,000 for Deseret Chemical Depot, Utah, in
satisfaction of a fine imposed by the State of Utah for
a supplemental environmental project.
(b) NAVY VIOLATIONS.—Using amounts authorized to
be appropriated by section 301(2) for operation and main-
tenance for the Navy, the Secretary of the Navy may pay
not more than the following amounts in connection with
environmental violations at the following military installa-
tions:
(1) $108,800 for Allegany Ballistics Laboratory,
West Virginia, in satisfaction of a penalty imposed
by the West Virginia Division of Environmental Pro-
tection.
(2) $5,000 for Naval Air Station, Corpus Chris-
ti, Texas, in satisfaction of a penalty imposed by Re-
gion 6 of the Environmental Protection Agency.
(c) REDUCTION IN PAYMENT AMOUNTS.—An amount
specified in subsection (a) or (b) as the authorized payment
for an environmental violation shall be reduced to reflect
any amounts previously paid by the Secretary concerned
in connection with that violation.
SEC. 312. NECESSITY OF MILITARY LOW-LEVEL FLIGHT
TRAINING TO PROTECT NATIONAL SECURITY
AND ENHANCE MILITARY READINESS.
(a) NECESSITY OF CURRENT TRAINING ROUTES AND
AREAS.—The environmental impact statements completed
as of the date of the enactment of this Act for each special
use airspace designated by a military department for the
performance of low-level training flights, including each
military training route, slow speed route, military oper-
ations area, restricted area, or low altitude tactical naviga-
tion area, are deemed to satisfy the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and regulations implementing such law.
(b) PROTECTING
FUTURE
FLEXIBILITY
OF
NET-
WORK.—On and after the date of the enactment of this Act,
a proposal by a military department to establish or to ex-
pand or otherwise modify a special use airspace for low-
level training flights shall be considered separately to deter-
mine whether the proposal is a major Federal action sig-
nificantly affecting the quality of the human environment
for purposes of the National Environmental Policy Act of
1969.
SEC. 313. USE OF ENVIRONMENTAL RESTORATION AC-
COUNTS TO RELOCATE ACTIVITIES FROM DE-
FENSE 
ENVIRONMENTAL 
RESTORATION
SITES
Subsection (b) of section 2703 of title 10, United States
Code, is amended to read as follows:
‘‘(b) OBLIGATION
OF AUTHORIZED AMOUNTS.—(1)
Funds authorized for deposit in an account under sub-
section (a) may be obligated or expended from the account
only—
‘‘(A) to carry out the environmental restoration
functions of the Secretary of Defense and the Secre-
taries of the military departments under this chapter
and under any other provision of law; and
‘‘(B) to relocate activities from defense sites, in-
cluding sites formerly used by the Department of De-
fense that are released from Federal Government con-
trol, at which the Secretary is responsible for environ-
mental restoration functions.
‘‘(2) The authority provided by paragraph (1)(B) ex-
pires September 30, 2003. Not more than five percent of
the funds deposited in an account under subsection (a) for
a fiscal year may be used for activities under paragraph
(1)(B).
‘‘(3) If relocation assistance under paragraph (1)(B)
is to be provided with respect to a site formerly used by
the Department of Defense, but now released from Federal
Government control, the Secretary of Defense or the Sec-
retary of the military department concerned may use only
fund transfer mechanisms otherwise available to the Sec-
retary. The Secretary may not provide assistance under
such paragraph for permanent relocation from the affected
site unless the Secretary determines that permanent reloca-
tion is the most cost effective method of dealing with the
activities located at the affected site and notifies the Con-
gress of the determination before providing the assistance.
‘‘(4) Funds authorized for deposit in an account under
subsection (a) shall remain available until expended.’’.
Subtitle C—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 321. USE OF APPROPRIATED FUNDS TO COVER OPER-
ATING EXPENSES OF COMMISSARY STORES.
(a) IN GENERAL.—(1) Section 2484 of title 10, United
States Code, is amended to read as follows:
‘‘§ 2484. Commissary stores: use of appropriated funds
to cover operating expenses
‘‘(a) OPERATION OF AGENCY AND SYSTEM.—Except as
otherwise provided in this title, the operation of the Defense
Commissary Agency and the defense commissary system
may be funded using such amounts as are appropriated for
such purpose.
‘‘(b) 
OPERATING
EXPENSES
OF
COMMISSARY
STORES.—Appropriated funds may be used to cover the ex-
penses of operating commissary stores and central product
processing facilities of the defense commissary system. For
purposes of this subsection, operating expenses include the
following:
‘‘(1) Salaries of employees of the United States,
host nations, and contractors supporting commissary
store operations.
‘‘(2) Utilities.
‘‘(3) Communications.
‘‘(4) Operating supplies and services.
‘‘(5) Second destination transportation costs
within or outside the United States.
‘‘(6) Any cost associated with above-store level
management or other indirect support of a com-
missary store or a central product processing facility,
including equipment maintenance and information
technology costs.’’.
(2) The table of sections at the beginning of chapter
147 of such title is amended by striking the item relating
to section 2484 and inserting the following new item:
‘‘2484. Commissary stores: use of appropriated funds to cover operating ex-
penses.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2001.
SEC. 322. ADJUSTMENT OF SALES PRICES OF COMMISSARY
STORE GOODS AND SERVICES TO COVER CER-
TAIN EXPENSES.
(a) ADJUSTMENT REQUIRED.—Section 2486 of title
10, United States Code, is amended—
(1) in subsection (c), by striking ‘‘section 2484(b) or’’
and inserting ‘‘subsection (d) or section’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘sections
2484 and’’ and inserting ‘‘section’’; and
(B) by adding at the end the following new
paragraph:
‘‘(3) The sales price of merchandise and services sold
in, at, or by commissary stores shall be adjusted to cover
the following:
‘‘(A) The cost of first destination commercial
transportation of the merchandise in the United
States to the place of sale.
‘‘(B) The actual or estimated cost of shrinkage,
spoilage, and pilferage of merchandise under the con-
trol of commissary stores.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2001.
SEC. 323. USE OF SURCHARGES FOR CONSTRUCTION AND
IMPROVEMENT OF COMMISSARY STORES.
(a) EXPANSION OF AUTHORIZED USES.—Subsection
(b) of section 2685 of title 10, United States Code, is amend-
ed to read as follows:
‘‘(b) USE
FOR CONSTRUCTION, REPAIR, IMPROVE-
MENT, AND MAINTENANCE.—(1) The Secretary of Defense
may use the proceeds from the adjustments or surcharges
authorized by subsection (a) only—
‘‘(A) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, main-
tain, and equip the physical infrastructure of com-
missary stores and central product processing facili-
ties of the defense commissary system; and
‘‘(B) to cover environmental evaluation and con-
struction costs, including surveys, administration,
overhead, planning, and design, related to activities
described in paragraph (1).
‘‘(2) In paragraph (1), the term ‘physical infrastruc-
ture’ includes real property, utilities, and equipment (in-
stalled and free standing and including computer equip-
ment), necessary to provide a complete and usable com-
missary store or central product processing facility.’’.
(b) AUTHORITY OF SECRETARY OF DEFENSE.—Such
section is further amended—
(1) in subsection (a), by striking ‘‘Secretary of
a military department, under regulations established
by him and approved by the Secretary of Defense,’’
and inserting ‘‘Secretary of Defense’’;
(2) in subsection (c)—
(A) by striking ‘‘Secretary of a military de-
partment, with the approval of the Secretary of
Defense and’’ and inserting ‘‘Secretary of De-
fense, with the approval of’’; and
(B) by striking ‘‘Secretary of the military
department determines’’ and inserting ‘‘Sec-
retary determines’’; and
(3) in subsection (d), by striking ‘‘Secretary of
a military department’’ and inserting ‘‘Secretary of
Defense’’.
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2001.
SEC. 324. INCLUSION OF MAGAZINES AND OTHER PERIODI-
CALS AS AN AUTHORIZED COMMISSARY MER-
CHANDISE CATEGORY.
(a) ADDITIONAL
AUTHORIZED
CATEGORY.—Sub-
section (b) of section 2486 of title 10, United States Code,
is amended—
(1) by redesignating paragraph (11) as para-
graph (12); and
(2) by inserting after paragraph (10) the fol-
lowing new paragraph:
‘‘(11) Magazines and other periodicals.’’.
(b) CONFORMING AMENDMENTS.—Subsection (f) of
such section is amended—
(1) by striking ‘‘(1)’’ before ‘‘Notwithstanding’’;
(2) by striking ‘‘items in the merchandise cat-
egories specified in paragraph (2)’’ and inserting ‘‘to-
bacco products’’; and
(3) by striking paragraph (2).
SEC. 325. USE OF MOST ECONOMICAL DISTRIBUTION METH-
OD FOR DISTILLED SPIRITS.
Section 2488(c) of title 10, United States Code, is
amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as para-
graph (2).
SEC. 326. REPORT ON EFFECTS OF AVAILABILITY OF SLOT
MACHINES ON UNITED STATES MILITARY IN-
STALLATIONS OVERSEAS.
(a) REPORT REQUIRED.—Not later than March 31,
2001, the Secretary of Defense shall submit to Congress a
report evaluating the effect that the ready availability of
slot machines as a morale, welfare, and recreation activity
on United States military installations outside of the
United States has on members of the Armed Forces, their
dependents, and other persons who use such slot machines,
the morale of military communities overseas, and the per-
sonal financial stability of members of the Armed Forces.
(b) MATTERS TO BE INCLUDED.—The Secretary shall
include in the report—
(1) an estimate of the number of persons who
used such slot machines during the preceding two
years and, of such persons, the percentage who were
enlisted members (shown both in the aggregate and by
pay grade), officers (shown both in the aggregate and
by pay grade), Department of Defense civilians, other
United States persons, and foreign nationals;
(2) to the extent feasible, information with re-
spect to military personnel referred to in paragraph
(1) showing the number (as a percentage and by pay
grade) who have—
(A) sought financial services counseling at
least partially due to the use of such slot ma-
chines;
(B) qualified for Government financial as-
sistance at least partially due to the use of such
slot machines; or
(C) had a personal check returned for insuf-
ficient funds or received any other nonpayment
notification from a creditor at least partially
due to the use of such slot machines; and
(3) to the extent feasible, information with re-
spect to the average amount expended by each cat-
egory of persons referred to in paragraph (1) in using
such slot machines per visit, to be shown by pay
grade in the case of military personnel.
Subtitle D—Performance of
Functions by Private-Sector Sources
SEC. 331. INCLUSION OF ADDITIONAL INFORMATION IN RE-
PORTS TO CONGRESS REQUIRED BEFORE
CONVERSION OF COMMERCIAL OR INDUS-
TRIAL TYPE FUNCTIONS TO CONTRACTOR
PERFORMANCE.
(a) INFORMATION REQUIRED BEFORE COMMENCE-
MENT OF CONVERSION ANALYSIS.—Subsection (b)(1)(D) of
section 2461 of title 10, United States Code, is amended
by inserting before the period the following: ‘‘, and a certifi-
cation that funds are specifically budgeted to pay for the
cost of the analysis’’.
(b) INFORMATION REQUIRED IN NOTIFICATION OF DE-
CISION.—Subsection (c)(1) of such section is amended—
(1) by redesignating subparagraphs (A), (B),
(C), (D), and (E) as subparagraphs (B), (C), (D),
(F), and (G), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
‘‘(A) The date when the analysis of that commer-
cial or industrial type function for possible change to
performance by the private sector was commenced.’’;
and
(3) by inserting after subparagraph (D), as so
redesignated, the following new subparagraph:
‘‘(E) The number of Department of Defense civil-
ian employees who were performing the function when
the analysis was commenced and the number of such
employees whose employment was terminated or oth-
erwise adversely affected in implementing the most ef-
ficient organization of the function or whose employ-
ment will be terminated or otherwise adversely af-
fected by the change to performance of the function by
the private sector.’’.
SEC. 332. LIMITATION ON USE OF FUNDS FOR NAVY MARINE
CORPS INTRANET CONTRACT.
(a) IN GENERAL.—None of the funds authorized to be
appropriated for fiscal year 2001 for the Department of the
Navy may be obligated or expended to carry out a Navy
Marine Corps Intranet contract until the date that is 60
days after the date that the Secretary submits to Congress
the following information:
(1) Outcome-oriented performance measures re-
garding such contract.
(2) A description of the alternatives considered to
such contract, and the factors relied on in deter-
mining not to pursue such alternatives.
(3) A description of the baseline of current costs
to the Department of the Navy for performing infor-
mation technology services that would be carried out
under such contract and current mission capability
regarding such services.
(4) An analysis of how civilian and military
personnel who currently perform information tech-
nology functions would be impacted by such contract,
including a description of—
(A) the number such personnel currently
performing such functions at the Echelon I level;
(B) the number of such personnel who
would no longer perform such functions as a re-
sult of the Navy Marine Corps Intranet contract,
and what functions such personnel would per-
form after the implementation of such contract;
and
(C) whether a reduction in force would be
necessary as a result of such contract.
(5) A complete funding profile with respect to
such contract, including a description of—
(A) the amount of funds obligated or ex-
pended in fiscal years 1999 and 2000 for infor-
mation technology at the Echelon I level, and
from what accounts such funds were obligated or
expended; and
(B) the accounts from which funds would be
used for the purpose of carrying out a Navy Ma-
rine Corps Intranet contract in fiscal year 2001
and throughout the period of the future-years de-
fense plan of the Department of Defense.
(6) A risk assessment which—
(A) describes the probability of achieving
cost, schedule, and performance goals with re-
spect to such contract;
(B) categorizes all identified risks in terms
of the likelihood of occurrence and potential im-
pact of such risks; and
(C) establishes a plan for mitigation of each
risk that is identified as of high importance.
(7) A certification that, beginning in fiscal year
2002, the Department of the Navy will comply with
the requirements in OMB Circular A–11.
(b) GAO REPORT.—In any case in which the Sec-
retary of the Navy submits to Congress the information de-
scribed in subsection (a), not later than 60 days after the
date that the Secretary submits such information the Comp-
troller General shall review and submit a report on the in-
formation to the congressional defense committees.
(c) NAVY MARINE CORPS INTRANET CONTRACT DE-
FINED.—In this section, the term ‘‘Navy Marine Corps
Intranet contract’’ means a long-term arrangement with the
commercial sector that transfers the responsibility and risk
for providing and managing the vast majority of desktop,
server, infrastructure, and communication assets and serv-
ices of the Department of the Navy.
Subtitle E—Defense Dependents
Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION
OF DEPARTMENT
OF DEFENSE
PROGRAM FOR FISCAL YEAR 2001.—Of the amount author-
ized to be appropriated by section 301(5) for operation and
maintenance for Defense-wide activities, $35,000,000 shall
be available only for the purpose of providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies.
(b) NOTIFICATION.—Not later than June 30, 2001, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2001 of—
(1) that agency’s eligibility for educational agen-
cies assistance; and
(2) the amount of the educational agencies assist-
ance for which that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse funds made available under subsection
(a) not later than 30 days after the date on which notifica-
tion to the eligible local educational agencies is provided
pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has the
meaning given that term in section 8013(9) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 342. ELIGIBILITY FOR ATTENDANCE AT DEPARTMENT
OF DEFENSE DOMESTIC DEPENDENT ELE-
MENTARY AND SECONDARY SCHOOLS.
Section 2164(c) of title 10, United States Code, is
amended—
(1) in the subsection heading, by inserting ‘‘AND
OTHER PERSONS’’ after ‘‘EMPLOYEES’’; and
(2) by adding at the end the following new para-
graph:
‘‘(3)(A) The Secretary may authorize the dependent of
an American Red Cross employee described in subpara-
graph (B) to enroll in an education program provided by
the Secretary pursuant to subsection (a) if the American
Red Cross agrees to reimburse the Secretary for the edu-
cational services so provided.
‘‘(B) An employee referred to in subparagraph (A) is
an American Red Cross employee who—
‘‘(i) resides in Puerto Rico; and
‘‘(ii) performs, on a full-time basis, emergency
services on behalf of members of the armed forces.
‘‘(C) Amounts received under this paragraph as reim-
bursement for educational services shall be treated in the
same manner as amounts received under subsection (g).’’.
Subtitle F—Military Readiness
Issues
SEC. 351. ADDITIONAL CAPABILITIES OF, AND REPORTING
REQUIREMENTS FOR, THE READINESS RE-
PORTING SYSTEM.
(a) MEASURING CANNIBALIZATION OF PARTS, SUP-
PLIES, AND EQUIPMENT.—Subsection (c) of section 117 of
title 10, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(7) Measure, on a quarterly basis, the extent to
which units of the armed forces remove serviceable
parts, supplies, or equipment from one vehicle, vessel,
or aircraft in order to render a different vehicle, ves-
sel, or aircraft operational.’’.
(b) FUNDING
TO
ADDRESS
DEFICIENCIES.—Sub-
section (e) of such section is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
(2) by striking ‘‘Each such report’’ and inserting
the following:
‘‘(3) Each report under this subsection’’; and
(3) by inserting after the first sentence the fol-
lowing new paragraph:
‘‘(2) The monthly report submitted under paragraph
(1) that covers the first quarter of the then current fiscal
year shall also include a description of the funding proposed
in the President’s budget for the next fiscal year, and for
the subsequent fiscal years covered by the most recent fu-
ture-years defense program submitted under section 221 of
this title, to address each deficiency in readiness identified
during the joint readiness review conducted for the first
quarter of the current fiscal year.’’.
SEC. 352. REPORTING REQUIREMENTS REGARDING TRANS-
FERS FROM HIGH-PRIORITY READINESS AP-
PROPRIATIONS.
(a) CONTINUATION OF REPORTING REQUIREMENTS.—
Section 483 of title 10, United States Code, is amended by
striking subsection (e).
(b) LEVEL OF DETAIL.—Subsection (c)(2) of such sec-
tion is amended by inserting before the period the following:
‘‘, including identification of the sources from which funds
were transferred into that activity and identification of the
recipients of the funds transferred out of that activity’’.
(c) ADDITIONAL COVERED BUDGET ACTIVITIES.—Sub-
section (d)(5) of such section is amended by adding at the
end the following new subparagraphs:
‘‘(G) Combat Enforcement Forces.
‘‘(H) Combat Communications.’’.
SEC. 353. DEPARTMENT OF DEFENSE STRATEGIC PLAN TO
REDUCE BACKLOG IN MAINTENANCE AND RE-
PAIR OF DEFENSE FACILITIES.
(a) PLAN REQUIRED.—Section 2661 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(c) PLAN TO ADDRESS MAINTENANCE AND REPAIR
BACKLOG.—(1) The Secretary of Defense shall develop, and
update annually thereafter, a strategic plan to reduce the
backlog in maintenance and repair needs of facilities and
infrastructure under the jurisdiction of the Department of
Defense or a military department. At a minimum, the plan
shall include or address the following:
‘‘(A) A comprehensive strategy for the repair and
revitalization of facilities and infrastructure, or for
the demolition and replacement of unusable facilities,
carried as backlog by the Secretary concerned.
‘‘(B) Measurable goals, over specified time
frames, for achieving the objectives of the strategy.
‘‘(C) Expected funding for each military depart-
ment and Defense Agency to carry out the strategy
during the period covered by the most recent future-
years defense program submitted to Congress pursu-
ant to section 221 of this title.
‘‘(D) The cost of the current backlog in mainte-
nance and repair for each military department and
Defense Agency, which shall be determined using the
standard costs to standard facility categories in the
Department of Defense Facilities Cost Factors Hand-
book, shown both in the aggregate and individually
for each major military installation.
‘‘(E) The total number of square feet of building
space of each military department and Defense Agen-
cy to be demolished or proposed for demolition under
the plan, shown both in the aggregate and individ-
ually for each major military installation.
‘‘(F) The initiatives underway to identify facil-
ity and infrastructure requirements at military in-
stallation to accommodate new and developing weap-
ons systems and to prepare installations to accommo-
date these systems.
‘‘(2) Not later than March 15, 2001, the Secretary shall
submit the strategic plan to Congress. The annual updates
shall be submitted to Congress each year at or about the
time that the President’s budget is submitted to Congress
that year under section 1105(a) of title 31.’’.
(b) STYLISTIC AMENDMENTS.—Such section is further
amended—
(1) in subsection (a), by inserting ‘‘AVAIL-
ABILITY OF OPERATION AND MAINTENANCE FUNDS.—
’’ after ‘‘(a)’’; and
(2) in subsection (b), by inserting ‘‘GENERAL
LEASING AUTHORITY; MAINTENANCE
OF DEFENSE
ACCESS ROADS.—’’ after ‘‘(b)’’.
Subtitle G—Other Matters
SEC. 361. AUTHORITY TO ENSURE DEMILITARIZATION OF
SIGNIFICANT 
MILITARY 
EQUIPMENT 
FOR-
MERLY OWNED BY THE DEPARTMENT OF DE-
FENSE.
(a) AUTHORITY
TO
REQUIRE
DEMILITARIZATION
AFTER DISPOSAL.—Chapter 153 of title 10, United States
Code, is amended by inserting after section 2572 the fol-
lowing new section:
‘‘§ 2573. Significant military equipment: continued
authority to require demilitarization after
disposal
‘‘(a) AUTHORITY TO REQUIRE DEMILITARIZATION.—
The Secretary of Defense may require any person in posses-
sion of significant military equipment formerly owned by
the Department of Defense—
‘‘(1) to demilitarize the equipment,
‘‘(2) to have the equipment demilitarized by a
third party; or
‘‘(3) to return the equipment to the Government
for demilitarization.
‘‘(b) COST AND VALIDATION OF DEMILITARIZATION.—
When the demilitarization of significant military equip-
ment is carried out by the person in possession of the equip-
ment pursuant to paragraph (1) or (2) of subsection (a),
the person shall be solely responsible for all demilitarization
costs, and the United States shall have the right to validate
that the equipment has been demilitarized.
‘‘(c) RETURN
OF EQUIPMENT
TO GOVERNMENT.—
When the Secretary of Defense requires the return of signifi-
cant military equipment for demilitarization by the Gov-
ernment, the Secretary shall bear all costs to transport and
demilitarize the equipment. If the person in possession of
the significant military equipment obtained the property
in the manner authorized by law or regulation and the Sec-
retary determines that the cost to demilitarize and return
the property to the person is prohibitive, the Secretary shall
reimburse the person for the purchase cost of the property
and for the reasonable transportation costs incurred by the
person to purchase the equipment.
‘‘(d) ESTABLISHMENT OF DEMILITARIZATION STAND-
ARDS.—The Secretary of Defense shall prescribe by regula-
tion what constitutes demilitarization for each type of sig-
nificant military equipment.
‘‘(e) EXCEPTION
FOR GOVERNMENT CONTRACTS.—
This section does not apply when a person is in possession
of significant military equipment formerly owned by the
Department of Defense for the purpose of demilitarizing the
equipment pursuant to a Government contract.
‘‘(f) DEFINITION OF SIGNIFICANT MILITARY EQUIP-
MENT.—In this section, the term ‘significant military
equipment’ means—
‘‘(1) an article for which special export controls
are warranted under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) because of its capacity for
substantial military utility or capability, as identi-
fied on the United States Munitions List maintained
under section 121.1 of title 22, Code of Federal Regu-
lations; and
‘‘(2) any other article designated by the Depart-
ment of Defense as requiring demilitarization before
its disposal.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2572 the following new item:
‘‘2573. Significant military equipment: continued authority to require demili-
tarization after disposal.’’.
SEC. 362. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN
MILITARY 
EQUIPMENT 
IDENTIFIED 
ON
UNITED STATES MUNITIONS LIST.
(a) ANNUAL REPORT REQUIRED.—Chapter 153 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2582. Military equipment identified on United
States munitions list: annual report of
public sales
‘‘(a) REPORT REQUIRED.—The Secretary of Defense
shall prepare an annual report identifying each public sale
conducted by a military department or Defense Agency of
military items that are—
‘‘(1) identified on the United States Munitions
List maintained under section 121.1 of title 22, Code
of Federal Regulations; and
‘‘(2) assigned a demilitarization code of ‘B’ or
its equivalent.
‘‘(b) ELEMENTS OF REPORT.—(1) A report under this
section shall cover all public sales described in subsection
(a) that were conducted during the preceding fiscal year.
‘‘(2) The report shall specify the following for each sale:
‘‘(A) The date of the sale.
‘‘(B) The military department or Defense Agency
conducting the sale.
‘‘(C) The manner in which the sale was con-
ducted.
‘‘(D) The military items described in subsection
(a) that were sold or offered for sale.
‘‘(E) The purchaser of each item.
‘‘(F) The stated end-use of each item sold.
‘‘(c) SUBMISSION OF REPORT.—Not later than March
31 of each year, the Secretary of Defense shall submit to
the Committee on Armed Services of the House of Represent-
atives and the Committee on Armed Services of the Senate
the report required by this section for the preceding fiscal
year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2582. Military equipment identified on United States munitions list: annual re-
port of public sales.’’.
SEC. 363. REGISTRATION OF CERTAIN INFORMATION TECH-
NOLOGY SYSTEMS WITH CHIEF INFORMATION
OFFICER.
(a) REGISTRATION REQUIRED.—During fiscal years
2001, 2002, and 2003, no funds available to the Department
of Defense may be used for a mission critical or mission
essential information technology system (including a system
funded by the defense working capital fund) that is not reg-
istered with the Chief Information Officer of the Depart-
ment of Defense.
(b) MANNER OF REGISTRATION.—A system shall be
considered to be registered with the Chief Information Offi-
cer upon the furnishing to that officer of notice of the sys-
tem, together with such information concerning the system
as the Secretary of Defense may prescribe.
(c) QUARTERLY UPDATES.—In the case of each infor-
mation technology system registered pursuant to this sec-
tion, the information required under subsection (b) to be
submitted as part of the registration shall be updated on
not less than a quarterly basis.
(d) COVERED INFORMATION TECHNOLOGY SYSTEMS.—
An information technology system shall be considered to be
a mission critical or mission essential information tech-
nology system for purposes of this section as defined by the
Secretary of Defense.
(e) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means
the senior official of the Department of Defense des-
ignated by the Secretary of Defense pursuant to sec-
tion 3506 of title 44, United States Code.
(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
SEC. 364. STUDIES AND REPORTS REQUIRED AS PRE-
CONDITION TO CERTAIN MANPOWER REDUC-
TIONS.
(a) REQUIRED STUDIES AND REPORTS.—Chapter 146
of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 2475. Consolidation of functions or activities and
reengineering or restructuring of organi-
zations, functions, or activities: required
studies and reports before manpower re-
ductions
‘‘(a) REPORTING AND ANALYSIS REQUIREMENTS AS
PRECONDITION
TO MANPOWER REDUCTIONS.—The Sec-
retary of Defense may not initiate manpower reductions at
organizations or activities, or within functions, that are
commercial, commercial exempt from competition, military
essential, or inherently governmental until the Secretary
fully complies with the reporting and analysis requirements
specified in subsections (b) and (c).
‘‘(b) NOTIFICATION AND ELEMENTS OF ANALYSIS.—
Before commencing to analyze any commercial, commercial
exempt from competition, military essential, or inherently
governmental organization, function, or activity for the
consolidation, restructuring, or reengineering of military
personnel or Department of Defense civilian employees, the
Secretary of Defense shall submit to Congress a report con-
taining the following:
‘‘(1) The organization, function, or activity to be
analyzed for possible consolidation, restructuring, or
reengineering.
‘‘(2) The location or locations at which military
personnel or Department of Defense civilian employ-
ees would be affected.
‘‘(3) The number of military personnel or De-
partment of Defense civilian employee positions po-
tentially affected.
‘‘(4) A description of the organization, function,
or activity to be analyzed for possible consolidation,
restructuring, or reengineering, including a descrip-
tion of all missions, duties, or military requirements
that might be affected.
‘‘(5) An examination of the cost incurred by the
Department of Defense to perform the function or to
operate the organization or activity that will be ana-
lyzed.
‘‘(6) A certification that a proposed consolida-
tion, restructuring, or reengineering of a commercial,
commercial exempt from competition, military essen-
tial, or inherently governmental organization, func-
tion, or activity is not a result of a decision by an
official of a military department or Defense Agency
to impose predetermined constraints or limitations on
the number of military personnel or Department of
Defense civilian employees.
‘‘(c) NOTIFICATION OF DECISION.—If, as a result of
the completion of an analysis carried out consistent with
the requirements of subsection (b), a decision is made to
consolidate, restructure, or reengineer an organization,
function, or activity, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the
Senate a report describing that decision. The report shall
contain the following:
‘‘(1) The Secretary’s certification that the con-
solidation, restructuring, or reengineering that was
analyzed will yield savings to the Department of De-
fense.
‘‘(2) A projection of the savings that will be real-
ized as a result of the consolidation, restructuring, or
reengineering, compared with the cost incurred by the
Department of Defense to perform the function or to
operate the organization or activity prior to such pro-
posed consolidation, restructuring, or reengineering.
‘‘(3) A description of all missions, duties, or
military requirements that will be affected as a result
of the decision to consolidate, restructure, or reengi-
neer the organization, function, or activity that was
analyzed.
‘‘(4) The Secretary’s certification that the con-
solidation, restructuring or reengineering will not re-
sult in any diminution of military readiness.
‘‘(5) A schedule for performing the consolidation,
restructuring or reengineering.
‘‘(6) The Secretary’s certification that the entire
analysis is available for examination.
‘‘(d) DELEGATION.—The responsibility to prepare re-
ports under subsections (b) and (c) may be delegated to the
Deputy Under Secretary of Defense for Installations.
‘‘(e) COMMENCEMENT; WAIVER
FOR SMALL FUNC-
TIONS.—(1) The consolidation, restructuring, or re-
engineering of an organization, function, or activity for
which a report is required under subsection (c) shall not
begin until at least 45 days after the submission of the re-
port to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of
the Senate.
‘‘(2) Subsection (c) shall not apply to a consolidation,
restructuring, or reengineering that will result in the elimi-
nation of 10 or fewer military or Department of Defense
civilian employee positions.
‘‘(f) COMPTROLLER GENERAL REVIEW.—Not later
than March 1 of each year, the Comptroller General shall
submit to Congress a report reviewing decisions taken by
the Secretary of Defense to consolidate, restructure, or re-
engineer organizations, functions, or activities during the
previous year and assessing the Secretary’s compliance with
this section. The report shall include a detailed assessment
by the Comptroller General of whether the savings projected
by the Secretary to result from such decisions are likely to
be realized, and whether any decision taken by the Sec-
retary is likely to result in a diminution of military readi-
ness. The report shall also include detailed audits of selected
analyses performed by the Secretary.
‘‘(g) RELATION TO OTHER LAW.—Nothing in this sec-
tion shall be construed to obviate the requirements set forth
in section 1597 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2475. Consolidation of functions or activities and reengineering or restructuring
of organizations, functions, or activities: required studies and re-
ports before manpower reductions.’’.
SEC. 365. NATIONAL GUARD ASSISTANCE FOR CERTAIN
YOUTH AND CHARITABLE ORGANIZATIONS.
Section 508 of title 32, United States Code, is
amended—
(1) in subsection (b)(2), by inserting ‘‘or any
other youth or charitable organization designated by
the Secretary of Defense’’ after ‘‘Special Olympics’’;
and
(2) in subsection (d)(1)—
(A) by redesignating paragraph (14) as
paragraph (15); and
(B) by inserting after paragraph (13) the
following new paragraph (14):
‘‘(14) Reach For Tomorrow.’’.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,642.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
SEC. 402. REVISION IN PERMANENT END STRENGTH MIN-
IMUM LEVELS.
(a) REVISED
END
STRENGTH
FLOORS.—Section
691(b) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘371,781’’ and
inserting ‘‘372,000’’;
(2) in paragraph (3), by striking ‘‘172,148’’ and
inserting ‘‘172,600’’; and
(3) in paragraph (4), by striking ‘‘360,877’’ and
inserting ‘‘357,000’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (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 com-
ponents 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, 108,000.
(6) The Air Force Reserve, 74,358.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased 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 number 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, recruiting, instructing, or
training the reserve components:
(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, 11,148.
(6) The Air Force Reserve, 1,336.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
The minimum number of military technicians (dual
status) as of the last day of fiscal year 2001 for the reserve
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall
be the following:
(1) For the Army Reserve, 5,921.
(2) For the Army National Guard of the United
States, 23,129.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United
States, 22,247.
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN 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 ..................................................
3,405
1,071
998
140
Lieutenant Colonel or Commander ...............................................
1,830
520
859
Colonel or Navy Captain ...............................................................
547
188
317
30’’.
(b) SENIOR ENLISTED MEMBERS.—The table in sec-
tion 12012(a) of such title is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 ...................................................................................................
866
202
502
E–8 ...................................................................................................
2,966
429
1,131
94’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2000.
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2001 a total of $75,801,666,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2001.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—General Personnel
Management Authorities
SEC. 501. AUTHORITY FOR SECRETARY OF DEFENSE TO
SUSPEND CERTAIN PERSONNEL STRENGTH
LIMITATIONS DURING WAR OR NATIONAL
EMERGENCY.
(a) SENIOR ENLISTED MEMBERS ON ACTIVE DUTY.—
Section 517 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) Whenever under section 527 of this title the Presi-
dent may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the man-
ner specified in section 527 for a suspension under that sec-
tion.’’.
(b) FIELD GRADE RESERVE COMPONENT OFFICERS.—
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 Presi-
dent may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the man-
ner specified in section 527 for a suspension under that sec-
tion.’’.
(c) SENIOR ENLISTED MEMBER IN RESERVE COMPO-
NENTS.—Section 12012 of such title is amended by adding
at the end the following new subsection:
‘‘(c) Whenever under section 527 of this title the Presi-
dent may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the man-
ner specified in section 527 for a suspension under that sec-
tion.’’.
SEC. 502. AUTHORITY TO ISSUE POSTHUMOUS COMMIS-
SIONS IN THE CASE OF MEMBERS DYING BE-
FORE OFFICIAL RECOMMENDATION FOR AP-
POINTMENT OR PROMOTION IS APPROVED BY
SECRETARY CONCERNED.
(a) REPEAL OF LIMITATION TO DEATHS OCCURRING
AFTER SECRETARIAL APPROVAL.—Subsection (a)(3) of sec-
tion 1521 of title 10, United States Code, is amended by
striking ‘‘and the recommendation for whose appointment
or promotion was approved by the Secretary concerned’’.
(b) EFFECTIVE DATE OF COMMISSION.—Subsection (b)
of such section is amended by striking ‘‘approval’’ both
places it appears and inserting ‘‘official recommendation’’.
SEC. 503. TECHNICAL CORRECTION TO RETIRED GRADE
RULE FOR ARMY AND AIR FORCE OFFICERS.
(a) ARMY.—Section 3961(a) of title 10, United States
Code, is amended by striking ‘‘or for nonregular service
under chapter 1223 of this title’’.
(b) AIR FORCE.—Section 8961(a) of such title is
amended by striking ‘‘or for nonregular service under chap-
ter 1223 of this title’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall apply to Reserve officers who are
promoted to a higher grade as a result of selection for pro-
motion under chapter 36 or chapter 1405 of title 10, United
States Code, or having been found qualified for Federal rec-
ognition in a higher grade under chapter 3 of title 32,
United States Code, after October 5, 1994.
SEC. 504. EXTENSION TO END OF CALENDAR YEAR OF EXPI-
RATION DATE FOR CERTAIN FORCE DRAW-
DOWN TRANSITION AUTHORITIES.
(a) EARLY RETIREMENT AUTHORITY
FOR ACTIVE
FORCE MEMBERS.—Section 4403(i) of the National Defense
(g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMU-
NITY SERVICE.—Section 4463(f) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143a
note) is amended by striking ‘‘September 30, 2001’’ and in-
serting ‘‘December 31, 2001’’.
(h) TRANSITIONAL HEALTH BENEFITS.—Subsections
(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 BEN-
EFITS.—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 inserting
‘‘December 31, 2001’’.
(k) CONTINUED ENROLLMENT OF DEPENDENTS IN DE-
FENSE
DEPENDENTS’ 
EDUCATION
SYSTEM.—Section
1407(c)(1) of the Defense Dependents’ Education Act of
1978 (20 U.S.C. 926(c)(1)) is amended by striking ‘‘Sep-
tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.
(l) FORCE REDUCTION TRANSITION PERIOD DEFINI-
TION.—Section 4411 of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended
(q) 
RESERVE
MONTGOMERY
GI 
BILL.—Section
16133(b)(1)(B) of such title is amended by striking ‘‘Sep-
tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.
SEC. 505. CLARIFICATION OF REQUIREMENTS FOR COM-
POSITION OF ACTIVE-DUTY LIST SELECTION
BOARDS 
WHEN 
RESERVE 
OFFICERS 
ARE
UNDER CONSIDERATION.
(a) CLARIFICATION.—Section 612(a) of title 10,
United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘who are on the active-duty
list’’ in the second sentence; and
(B) by inserting after the second sentence
the following new sentence: ‘‘Each member of a
selection board (except as provided in para-
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. Not-
withstanding the first sentence of this para-
graph,’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to any selection board convened
under section 611(a) of title 10, United States Code, on or
after August 1, 1981.
SEC. 506. VOLUNTARY SEPARATION INCENTIVE.
(a) AUTHORITY FOR TERMINATION UPON ENTITLE-
MENT TO RETIRED PAY.—Section 1175(e)(3) of title 10,
United States Code, is amended—
(1) inserting ‘‘(A)’’ after ‘‘(3)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) If a member is receiving simultaneous voluntary
separation incentive payments and retired or retainer pay,
the member may elect to terminate the receipt of voluntary
separation incentive payments. Any such election is perma-
nent and irrevocable. The rate of monthly recoupment from
retired or retainer pay of voluntary separation incentive
payments received after such an election shall be reduced
by a percentage that is equal to a fraction with a denomi-
nator equal to the number of months that the voluntary sep-
aration incentive payments were scheduled 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 sub-
section (a), shall apply with respect to decisions by members
to terminate voluntary separation incentive payments
under section 1175 of title 10, United States Code, to be
effective after September 30, 2000.
SEC. 507. CONGRESSIONAL REVIEW PERIOD FOR ASSIGN-
MENT OF WOMEN TO DUTY ON SUBMARINES
AND FOR ANY PROPOSED RECONFIGURATION
OR DESIGN OF SUBMARINES TO ACCOMMO-
DATE FEMALE CREW MEMBERS.
(a) IN GENERAL.—(1) Chapter 555 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 6035. Female members: congressional review period
for assignment to duty on submarines or
for reconfiguration of submarines
‘‘(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 Congress
written notice of the proposed change; and
‘‘(2) a period of 120 days of continuous session
of Congress expires following the date on which the
notice is received.
‘‘(b) No funds available to the Department of the Navy
may be expended to reconfigure any existing submarine, or
to design any new submarine, to accommodate female crew
members until—
‘‘(1) the Secretary of Defense submits to Congress
written notice of the proposed reconfiguration or de-
sign; and
‘‘(2) a period of 120 days of continuous session
of Congress expires following the date on which the
notice is received.
‘‘(c) For purposes of this section—
‘‘(1) the continuity of a session of Congress is
broken only by an adjournment of the Congress sine
die; and
‘‘(2) the days on which either House of Congress
is not in session because of an adjournment of more
than three days to a day certain are excluded in the
computation of such 120-day period.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘6035. Female members: congressional review period for assignment to duty on
submarines or for reconfiguration of submarines.’’.
(b) CONFORMING AMENDMENT.—Section 542(a)(1) of
the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 113 note) is amended by inserting ‘‘or by
section 6035 of title 10, United States Code’’ after ‘‘Except
in a case covered by subsection (b)’’.
Subtitle B—Reserve Component
Personnel Policy
SEC. 511. EXEMPTION FROM ACTIVE-DUTY LIST FOR RE-
SERVE OFFICERS ON ACTIVE DUTY FOR A PE-
RIOD OF THREE YEARS OR LESS.
Section 641(1) of title 10, United States Code, is
amended—
(1) by redesignating subparagraphs (D) through
(G) as subparagraphs (E) through (H), respectively;
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 subparagraph
(C), under a call or order to active duty speci-
fying a period of three years or less;’’.
SEC. 512. EXEMPTION OF RESERVE COMPONENT MEDICAL
AND DENTAL OFFICERS FROM COUNTING IN
GRADE STRENGTHS.
Section 12005(a)(1) of title 10, United States Code,
is amended by adding at the end the following new sentence:
‘‘Medical officers and dental officers shall be excluded in
computing and determining the authorized strengths under
this subsection.’’.
SEC. 513. CONTINUATION OF OFFICERS ON THE RESERVE
ACTIVE STATUS LIST WITHOUT REQUIRE-
MENT FOR APPLICATION.
Section 14701(a) of title 10, United States Code, is
amended by striking ‘‘Upon application, a reserve officer’’
and inserting ‘‘A reserve officer’’.
SEC. 514. AUTHORITY TO RETAIN RESERVE COMPONENT
CHAPLAINS AND OFFICERS IN MEDICAL SPE-
CIALTIES UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code,
is amended by striking ‘‘veterinary officers’’ and all that
follows through the period and inserting ‘‘Air Force nurse,
Medical Service Corps officer, biomedical sciences officer, or
chaplain.’’.
SEC. 515. AUTHORITY FOR TEMPORARY INCREASE IN NUM-
BER OF RESERVE COMPONENT PERSONNEL
SERVING ON ACTIVE DUTY OR FULL-TIME NA-
TIONAL GUARD DUTY IN CERTAIN GRADES.
(a) FIELD GRADE OFFICERS.—Section 12011 of title
10, United States Code, as amended by section 501(b), is
amended by adding at the end the following new subsection:
‘‘(d) Upon a determination by the Secretary of Defense
that such action is in the national interest, the Secretary
may increase the number of officers serving in any grade
for a fiscal year pursuant to subsection (a) by not more
than the percent authorized by the Secretary under section
115(c)(2) of this title.’’.
(b) SENIOR ENLISTED MEMBERS.—Section 12012 of
such title, as amended by section 501(c), is amended by
adding at the end the following new subsection:
‘‘(d) Upon a determination by the Secretary of Defense
that such action is in the national interest, the Secretary
may increase the number of enlisted members serving in
any grade for a fiscal year pursuant to subsection (a) by
not more than the percent authorized by the Secretary
under section 115(c)(2) of this title.’’.
100
SEC. 516. AUTHORITY FOR PROVISION OF LEGAL SERVICES
TO RESERVE COMPONENT MEMBERS FOL-
LOWING RELEASE FROM ACTIVE DUTY.
(a) LEGAL SERVICES.—Section 1044(a) of title 10,
United States Code, is amended—
(1) by redesignating paragraph (4) as para-
graph (5); and
(2) by inserting after paragraph (3) the fol-
lowing new paragraph:
‘‘(4) Members of a reserve component not covered
by paragraph (1) or (2), but only during a period,
following a release from active duty under a call or
order to active duty for more than 29 days under a
mobilization authority (as determined by the Sec-
retary of Defense), that is not in excess of twice the
length of time served on active duty.’’.
(b) DEPENDENTS.—Paragraph (5) of such section
1044(a) (as redesignated by subsection (a)) is amended by
striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.
(c) IMPLEMENTING REGULATIONS.—Regulations to
implement the amendments made by subsections (a) and
(b) shall be prescribed not later than 180 days after the
date of the enactment of this Act.
101
SEC. 517. ENTITLEMENT TO SEPARATION PAY FOR RESERVE
OFFICERS RELEASED FROM ACTIVE DUTY
UPON DECLINING SELECTIVE CONTINUATION
ON ACTIVE DUTY AFTER SECOND FAILURE OF
SELECTION FOR PROMOTION.
(a) DISCHARGE OR RELEASE TO BE CONSIDERED IN-
VOLUNTARY.—Section 1174(c) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
‘‘(4) The discharge or release from active duty of an
officer under a law or regulation requiring that an officer
who has failed of selection for promotion to the next higher
grade for the second time, or who declines continuation on
active duty after such a failure, be discharged or released
from active duty shall be considered to be involuntary for
purposes of paragraph (1)(A).’’.
(b) EFFECTIVE DATE.—Paragraph (4) of section
1174(c) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to an offer for selective
continuation on active duty that is declined on or after the
date of the enactment of this Act.
102
SEC. 518. EXTENSION OF INVOLUNTARY CIVIL SERVICE RE-
TIREMENT 
DATE 
FOR 
CERTAIN 
RESERVE
TECHNICIANS.
(a) MANDATORY
RETIREMENT
NOT
APPLICABLE
UNTIL AGE 60.—Section 10218 of title 10, United States
Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and is age 60 or older at
that time’’ after ‘‘unreduced annuity’’ in para-
graph (2);
(B) by inserting ‘‘or is under age 60 at that
time’’ after ‘‘unreduced annuity’’ in paragraph
(3)(A); and
(C) by inserting ‘‘and becoming 60 years of
age’’ after ‘‘unreduced annuity’’ in paragraph
(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 paragraph
(2)(B)(ii)(I).
(b) TRANSITION PROVISION.—(1) An individual who
before the date of the enactment of this Act was involun-
103
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 approval
of the Secretary concerned, be reinstated to the technician
status held by that individual immediately before that sepa-
ration.
(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 period
beginning on the date of the enactment of this Act.
Subtitle C—Education and
Training
SEC. 521. COLLEGE TUITION ASSISTANCE PROGRAM FOR
PURSUIT OF DEGREES BY MEMBERS OF THE
MARINE CORPS PLATOON LEADERS CLASS
PROGRAM.
(a) IN GENERAL.—Section 16401 of title 10, United
States Code, is amended as follows:
(1) The section heading is amended to read as
follows:
104
‘‘§ 16401. Marine Corps Platoon Leaders Class pro-
gram: 
college 
tuition 
assistance 
pro-
gram’’.
(2) Subsection (a) is amended—
(A) by striking ‘‘FINANCIAL’’ in the sub-
section heading and inserting ‘‘COLLEGE TUI-
TION’’;
(B) by striking ‘‘an eligible enlisted’’ in the
matter preceding paragraph (1) and inserting
‘‘a’’; and
(C) in paragraph (2), by striking ‘‘three’’
and inserting ‘‘four’’.
(3) Subsection (b)(1) is amended—
(A) by striking ‘‘an enlisted’’ and inserting
‘‘a’’;
(B) in subparagraph (A), by striking ‘‘an
officer candidate in’’ and inserting ‘‘a member
of’’;
(C) by striking subparagraph (B) and re-
designating subparagraphs (C) and (D) as sub-
paragraphs (B) and (C), respectively; and
(D) in subparagraph (C) (as so redesig-
nated), by striking ‘‘(3)’’ and inserting ‘‘(2)’’.
(4) Subsection (b) is amended by striking para-
graph (2) and redesignating paragraph (3) as para-
graph (2).
105
(5) Subsection (f)(1) is amended by striking ‘‘A
member’’ and inserting ‘‘An enlisted member’’.
(b) COMPUTATION OF CREDITABLE SERVICE.—Section
205(f) of title 37, United States Code, is amended—
(1) by striking ‘‘section 12209’’ and inserting
‘‘section 12203’’; and
(2) by striking ‘‘a member’’ and inserting ‘‘an
enlisted member’’.
(c) CLERICAL AMENDMENT.—The item relating to sec-
tion 16401 in the table of sections at the beginning of chap-
ter 1611 of such title is amended to read as follows:
‘‘16401. Marine Corps Platoon Leaders Class program: college tuition assistance
program.’’.
SEC. 522. REVIEW OF ALLOCATION OF JUNIOR RESERVE OF-
FICERS 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 Jun-
ior 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
106
proposes to more quickly eliminate the current wait-
ing list for such units and to commit the necessary
resources for that purpose.
(b) PROPOSAL FOR INCREASE IN STATUTORY MAX-
IMUM.—If, based on the review under subsection (a) and
the redistribution of the allocation of JROTC units under
that subsection, the Secretary determines that an increase
in the statutory maximum number of such units is war-
ranted, the Secretary shall include a proposal for such an
increase in the budget proposal of the Department of De-
fense for fiscal year 2002.
SEC. 523. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL
TO ENROLL CERTAIN DEFENSE INDUSTRY CI-
VILIANS IN SPECIFIED PROGRAMS RELATING
TO DEFENSE PRODUCT DEVELOPMENT.
(a) IN GENERAL.—(1) Chapter 605 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 7049. Defense industry civilians: admission to de-
fense product development program
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of
the Navy may permit eligible defense industry employees
to receive instruction at the Naval Postgraduate School in
accordance with this section. Any such defense industry em-
ployee may only be enrolled in, and may only be provided
107
instruction in, a program leading to a masters’s degree in
a curriculum related to defense product development. No
more than 10 such defense industry employees may be en-
rolled at any one time. Upon successful completion of the
course of instruction in which enrolled, any such defense
industry employee may be awarded an appropriate 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 in-
struction 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 Serv-
ices of the House of Representatives, that providing instruc-
tion to defense industry employees under this section during
that year—
108
‘‘(1) will further the military mission of the
school;
‘‘(2) will enhance the ability of the Department
of Defense and defense-oriented private sector contrac-
tors 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 devel-
opment program in which defense industry employees
may be enrolled under this section is not readily
available through other schools and concentrates on
defense product development functions that are con-
ducted by military organizations and defense contrac-
tors working in close cooperation; and
‘‘(2) the course offerings at the school continue to
be determined solely by the needs of the Department
of Defense.
109
‘‘(e) TUITION.—The Superintendent of the school shall
charge tuition for students enrolled under this section 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 section,
to the extent practicable, are subject to the same regulations
governing academic performance, attendance, norms of be-
havior, 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 section shall
be retained by the school to defray the costs of such instruc-
tion. 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 chap-
ter is amended by adding at the end the following new item:
‘‘7049. Defense industry civilians: admission to defense product development pro-
gram.’’.
(b) PROGRAM EVALUATION AND REPORT.—(1) Before
the start of the fourth year of instruction, but no earlier
than the start of the third year of instruction, of defense
industry employees at the Naval Postgraduate School under
section 7049 of title 10, United States Code, as added by
subsection (a), the Secretary of the Navy shall conduct an
111
Postgraduate School as part of a program related to
defense product development; and
(C) any proposals for legislative changes rec-
ommended by the Secretary.
(3) Not later than 60 days after receiving the report
of the Secretary of the Navy under paragraph (2), the Sec-
retary of Defense shall submit the report, together with any
comments that the Secretary considers appropriate, to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives.
Subtitle D—Decorations, Awards,
and Commendations
SEC. 531. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR TO ANDREW J. SMITH FOR VALOR
DURING THE CIVIL WAR.
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding
the time limitations specified in section 3744 of title 10,
United States Code, or any other time limitation with re-
spect to the awarding of certain medals to persons who
served in the military service, the President may award the
medal of honor, posthumously, under section 3741 of that
title to Andrew J. Smith of Clinton, Illinois, for the acts
of valor during the Civil War described in subsection (b).
(b) ACTION DESCRIBED.—The acts of valor referred to
in subsection (a) are the actions of Andrew J. Smith during
112
the Civil War on November 30, 1864, while serving as an
infantry corporal in the 55th Massachusetts Voluntary In-
fantry during the Battle of Honey Hill in South Carolina.
SEC. 532. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR TO ED W. FREEMAN FOR VALOR DUR-
ING THE VIETNAM CONFLICT.
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding
the time limitations specified in section 3744 of title 10,
United States Code, or any other time limitation with re-
spect to the awarding of certain medals to persons who
served in the military service, the President may award the
Medal of Honor, posthumously, under section 3741 of that
title to Ed W. Freeman of Boise, Idaho, for the acts of valor
during the Vietnam Conflict described in subsection (b).
(b) ACTION DESCRIBED.—The acts of valor referred to
in subsection (a) are the actions of Ed W. Freeman on No-
vember 14, 1965, as a flight leader and second in command
of a 16-helicopter lift unit, serving in the grade of captain
at Landing Zone X-Ray in the battle of the IaDrang Valley,
Republic of Vietnam, with Alpha Company, 229th Assault
Helicopter Battalion, 101st Cavalry Division (Airmobile).
113
SEC. 533. CONSIDERATION OF PROPOSALS FOR POST-
HUMOUS OR HONORARY PROMOTIONS OR AP-
POINTMENTS OF MEMBERS OR FORMER MEM-
BERS 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 following
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 re-
quest of a Member of Congress, the Secretary concerned shall
review a proposal for the posthumous or honorary pro-
motion or appointment of a member or former member of
the armed forces, or any other person considered qualified,
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 making
a determination under subsection (a) as to the merits of
approving the posthumous or honorary promotion or ap-
pointment, the Secretary concerned shall submit to the
114
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 writing
of one of the following:
‘‘(1) The posthumous or honorary promotion or
appointment does not warrant approval on the mer-
its.
‘‘(2) The posthumous or honorary promotion or
appointment warrants approval and authorization by
law for the promotion or appointment is rec-
ommended.
‘‘(3) The posthumous or honorary promotion or
appointment warrants approval on the merits and
has been recommended to the President as an excep-
tion to policy.
‘‘(4) The posthumous or honorary promotion or
appointment warrants approval on the merits and
authorization by law for the promotion or appoint-
ment is required but is not recommended.
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
115
‘‘(2) a Representative in, or a Delegate or Resi-
dent Commissioner to, Congress.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘1563. Consideration of proposals for posthumous and honorary promotions and
appointments: procedures for review and recommendation.’’.
SEC. 534. WAIVER OF TIME LIMITATIONS FOR AWARD OF
NAVY DISTINGUISHED FLYING CROSS TO
CERTAIN PERSONS.
(a) WAIVER.—Any limitation established by law or
policy for the time within which a recommendation for the
award of a military decoration or award must be submitted
shall not apply to awards of decorations described in this
section, the award of each such decoration having been de-
termined by the Secretary concerned to be warranted in ac-
cordance with section 1130 of title 10, United States Code.
(b) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to the award of the Distinguished Flying Cross for
service during World War II or Korea (including multiple
awards to the same individual) in the case of each indi-
vidual concerning whom the Secretary of the Navy (or an
officer of the Navy acting on behalf of the Secretary) sub-
mitted 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 October 5,
116
1999, and ending on the day before the date of the enact-
ment of this Act, a notice as provided in section 1130(b)
of title 10, United States Code, that the award of the Distin-
guished Flying Cross to that individual is warranted and
that a waiver of time restrictions prescribed by law for rec-
ommendation for such award is recommended.
SEC. 535. ADDITION OF CERTAIN INFORMATION TO MARK-
ERS ON GRAVES CONTAINING REMAINS OF
CERTAIN UNKNOWNS FROM THE U.S.S. ARI-
ZONA WHO DIED IN THE JAPANESE ATTACK
ON PEARL HARBOR ON DECEMBER 7, 1941.
(a) INFORMATION TO BE PROVIDED SECRETARY OF
VETERANS AFFAIRS.—The Secretary of the Army shall pro-
vide to the Secretary of Veterans Affairs certain informa-
tion, as specified in subsection (b), pertaining to the re-
mains of certain unknown persons that are interred in the
National Memorial Cemetery of the Pacific, Honolulu, Ha-
waii. The Secretary of Veterans Affairs shall add to the in-
scriptions 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 au-
117
thenticated by the director of the Navy Historical
Center, Washington, D.C., pertaining to the interment
of remains of certain unknown casualties from the
U.S.S. Arizona who died as a result of the Japanese
attack on Pearl Harbor on December 7, 1941; and
(2) shall, at a minimum, indicate that the in-
terred remains are from the U.S.S. Arizona.
(c) LIMITATION OF SCOPE OF SECTION.—This section
does not impose any requirement on the Secretary of the
Army to undertake a review of any information pertaining
to the interred remains of any unknown person other than
as provided in subsection (b).
SEC. 536. SENSE OF CONGRESS REGARDING FINAL CREW OF
U.S.S. INDIANAPOLIS.
(a) FINDINGS.—Congress finds the following:
(1) Shortly after midnight on the night of July
30, 1945, during the closing days of World War II,
the United States Navy heavy cruiser U.S.S. INDI-
ANAPOLIS (CA–35) was torpedoed and sunk by a
Japanese submarine.
(2) Of the 1,196 crew members, only 316 sur-
vived the attack and subsequent five-day ordeal adrift
at sea, the rest dying from battle wounds, drowning,
shark attacks, exposure, or lack of food and water,
118
making the sinking of the INDIANAPOLIS the worst
sea disaster in United States naval history.
(3) Following the rescue of the surviving crew
members, the commanding officer of the INDIANAP-
OLIS, Captain Charles Butler McVay III, who sur-
vived the sinking and the ordeal at sea, was charged
with ‘‘suffering a vessel to be hazarded through neg-
ligence’’ and was convicted by a court-martial of that
charge, notwithstanding a great many extenuating
circumstances, some of which were not presented at
the court-martial trial.
(4) Captain McVay had an excellent record
throughout his naval career before the sinking of the
INDIANAPOLIS, beginning with his graduation
from the United States Naval Academy in 1919 and
including an excellent combat record that included
participation in the landings in North Africa and
award of the Silver Star for courage under fire
earned during the Solomon Islands campaign.
(5) After assuming command of the INDIANAP-
OLIS on November 18, 1944, Captain McVay led the
ship during her participation in the assaults on Iwo
Jima and Okinawa.
(6) During the latter assault, the INDIANAP-
OLIS suffered a damaging kamikaze attack which
119
penetrated the ship’s hull, but the ship was made sea-
worthy and skillfully returned by Captain McVay
and her crew to San Francisco for repairs.
(7) Following completion of those repairs, the
INDIANAPOLIS was given the mission of trans-
porting to the island of Tinian vital parts of the
atomic bomb which was dropped on Hiroshima, a
mission which was completed successfully on July 26,
1945, at a record average speed of 29 knots.
(8) Following the accomplishment of that mis-
sion, the INDIANAPOLIS sailed from Tinian to
Guam and from there embarked for Leyte Gulf in the
Philippines to join training with the fleet assembling
for the final assault on the Japanese mainland.
(9) As the INDIANAPOLIS began its trip across
the Philippine Sea on July 28, 1945, the war was
virtually over in that area of the south Pacific, with
hostilities having moved 1,000 miles to the north, the
Japanese navy’s surface fleet was nonexistent, and
United States naval intelligence reported only four
operational Japanese submarines in the entire Pacific
theater of war, all of which resulted in the state of
alert among shore-based personnel routing and track-
ing the INDIANAPOLIS across the Philippine Sea
being affected accordingly.
120
(10) Before departure from Guam Captain
McVay requested a destroyer escort because his ship
was not equipped with antisubmarine detection de-
vices, but, despite the fact that no capital ship such
as the INDIANAPOLIS had made the transit between
Guam and the Philippines without escort during
World War II, that request was denied, and a 1996
report by the Navy’s Judge Advocate General’s office
concedes that ‘‘Captain McVay and the routing officer
did not discuss the availability of an escort after the
operations officer for COMMARIANNAS confirmed
that an escort was not necessary’’.
(11) Although Captain McVay was informed of
‘‘submarine sightings’’ in the Philippine Sea, such
sightings were commonplace, and none of those re-
ported to Captain McVay had been confirmed, and at
the same time there was a failure to inform him that
a submarine within range of his path had sunk the
U.S.S. UNDERHILL four days before his departure
from Guam.
(12) United States military intelligence activi-
ties, through a code-breaking system called ULTRA,
had learned that the Japanese submarine I–58 was
operating in the Philippine Sea area, but Captain
McVay was not told of this intelligence, which re-
121
mained classified as Top Secret until the early
1990’s, and this intelligence (and the fact that it was
withheld from Captain McVay when he sailed from
Guam) was not brought to light at his court-martial.
(13) The INDIANAPOLIS was sunk by this
same submarine.
(14) 
the 
commander 
of 
that 
submarine,
Mochitsura Hashimoto, testified at the court-martial
that once he had detected the ship, he would have been
able to make a successful torpedo attack whether or
not the ship was zigzagging.
(15) With visibility severely limited by a heavy
overcast at approximately 11 p.m. on the night of
July 29, 1945, Captain McVay gave the order to cease
zigzagging and retired to his cabin and shortly after
midnight the INDIANAPOLIS was struck by two tor-
pedoes and sunk within 12 minutes.
(16) The formal charge upon which Captain
McVay was convicted for ‘‘suffering a vessel to be haz-
arded through negligence’’ contained the phrase ‘‘in
good visibility’’ in reference to the weather conditions
on that night, which is contrary to the recollection of
all survivors, who recall that the visibility was very
poor.
122
(17) After the INDIANAPOLIS was sunk, var-
ious Navy shore offices compounded the previous er-
rors which had led to the ship being placed in jeop-
ardy by failing to report the ship’s overdue arrival,
thus leaving the approximately 950 members of the
crew who survived the sinking of the ship adrift for
four days and five nights until by chance the sur-
vivors were spotted by a routine air patrol.
(18) A court of inquiry to investigate the sinking
was convened in Guam on August 13, 1945, just two
weeks after the sinking and nine days after the sur-
vivors were rescued (a date so soon after the sinking
that Captain William Hillbert, the Navy judge advo-
cate for the inquiry, admitted that the inquiry was
so rushed that they were ‘‘. . . starting the pro-
ceedings without having available all the necessary
data’’) and recommended that Captain McVay be
issued a Letter of Reprimand and that he be court-
martialed.
(19) The headquarters staff of CINCPAC (com-
manded by Fleet Admiral Chester Nimitz) disagreed
with the recommendation of the court of inquiry, stat-
ing that in not maintaining a zigzag course Captain
McVay at worst was guilty only of an error in judg-
ment and not gross negligence and concluded that the
123
rule requiring zigzagging would not have applied in
any event since Captain McVay’s orders gave him
discretion on that matter and took precedence over all
other orders (a point that was never made by Captain
McVay’s attorney during the court-martial).
(20) The Department of the Navy delayed the
announcement of the sinking of the INDIANAPOLIS
for almost two weeks to coincide with the announce-
ment of the surrender of Japan, thus diverting atten-
tion from the magnitude of the disaster and lessening
its public impact, and then, despite opposition by Ad-
miral Nimitz and Admiral Raymond Spruance (for
whom the INDIANAPOLIS had served as flagship), it
brought 
court-martial 
charges 
against 
Captain
McVay in a rare instance when a commanding offi-
cer’s recommendations are contravened.
(21) Captain McVay thus became the first
United States Navy commanding officer brought to
trial for losing his ship in combat during World War
II, despite the fact that over 700 ships were lost dur-
ing World War II, including some under questionable
circumstances.
(22) Captain McVay was convicted on February
23, 1946, on the charge of ‘‘suffering a vessel to be
hazarded through negligence’’, thus permanently dam-
124
aging his career as a naval officer, although when Ad-
miral Nimitz was advanced to the position of Chief
of Naval Operations later that same year, he remitted
Captain McVay’s sentence and restored him to active
duty.
(23) Following his court-martial conviction,
Captain McVay remained on active duty until retir-
ing in 1949 upon completion of 30 years of active
naval service, with a final promotion, in accordance
with then-applicable law, to the grade of rear admi-
ral, effective upon the date of his retirement.
(24) Rear Admiral Charles Butler McVay III
(retired), died on November 6, 1968, without having
been exonerated from responsibility for the loss of his
ship and the lives of 880 members of her crew.
(25) The survivors of the INDIANAPOLIS still
living have remained steadfast in their support of the
exoneration of Captain McVay.
(26) In 1993, Congress, in section 1165 of the
National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 107 Stat. 1765; 16
U.S.C. 431 note), recognized the memorial to the
U.S.S. INDIANAPOLIS (CA–35) in Indianapolis,
Indiana, as the national memorial to that historic
warship and to her final crew.
125
(27) In 1994, Congress, in section 1052 of the
National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2844), stating
that it was acting on behalf of the grateful people of
the United States—
(A) recognized the invaluable contributions
of the U.S.S. INDIANAPOLIS to the ending of
World War II; and
(B) on the occasion of the 50th anniversary
of her tragic sinking, and the dedication of the
national memorial in Indianapolis on July 30,
1995, commended that ship and her crew for self-
less and heroic service to the United States.
(b) COURT-MARTIAL CONVICTION OF CHARLES BUT-
LER MCVAY, III.—It is the sense of Congress that—
(1) the court-martial charges against then-Cap-
tain Charles Butler McVay III, United States Navy,
arising from the sinking of the U.S.S. INDIANAP-
OLIS (CA–35) on July 30, 1945, while under his
command were not morally sustainable;
(2) Captain McVay’s conviction was a mis-
carriage of justice that led to his unjust humiliation
and damage to his naval career; and
(3) the American people should now recognize
Captain McVay’s lack of culpability for the tragic loss
126
of the U.S.S. INDIANAPOLIS and the lives of the
men who died as a result of her sinking.
(c) PRESIDENTIAL UNIT CITATION.—(1) It is the sense
of Congress that the President should award a Presidential
Unit Citation to the final crew of the U.S.S. INDIANAP-
OLIS (CA–35) in recognition of the courage and fortitude
displayed by the members of that crew in the face of tremen-
dous hardship and adversity after their ship was torpedoed
and sunk on July 30, 1945.
(2) A citation described in paragraph (1) may be
awarded without regard to any provision of law or regula-
tion prescribing a time limitation that is otherwise applica-
ble with respect to recommendation for, or the award of,
such a citation.
SEC. 537. POSTHUMOUS ADVANCEMENT OF REAR ADMIRAL
(RETIRED) HUSBAND E. KIMMEL AND MAJOR
GENERAL (RETIRED) WALTER C. SHORT ON
RETIRED LISTS.
(a) FINDINGS.—Congress makes the following findings:
(1) The late Rear Admiral (retired) Husband E.
Kimmel, formerly serving in the grade of admiral as
the Commander in Chief of the United States Fleet
and the Commander in Chief, United States Pacific
Fleet, had an excellent and unassailable record
127
throughout his career in the United States Navy prior
to the December 7, 1941, attack on Pearl Harbor.
(2) The late Major General (retired) Walter C.
Short, formerly serving in the grade of lieutenant gen-
eral as the Commander of the United States Army
Hawaiian Department, had an excellent and unas-
sailable record throughout his career in the United
States Army prior to the December 7, 1941, attack on
Pearl Harbor.
(3) Numerous investigations following the attack
on Pearl Harbor have documented that then Admiral
Kimmel and then Lieutenant General Short were not
provided necessary and critical intelligence that was
available, that foretold of war with Japan, that
warned of imminent attack, and that would have
alerted them to prepare for the attack, 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 6–7, 1941, known as the Four-
teen-Part Message.
(4) On December 16, 1941, Admiral Kimmel and
Lieutenant General Short were relieved of their com-
128
mands and returned to their permanent ranks of rear
admiral and major general.
(5) Admiral William Harrison Standley, who
served as a member of the investigating commission
known as the Roberts Commission that accused Admi-
ral Kimmel and Lieutenant General Short of ‘‘dere-
liction of duty’’ only six weeks after the attack on
Pearl Harbor, later disavowed the report maintaining
that ‘‘these two officers were martyred’’ and ‘‘if they
had been brought to trial, both would have been
cleared of the charge’’.
(6) On October 19, 1944, a Naval Court of
Inquiry—
(A) exonerated Admiral Kimmel on the
grounds that his military decisions and the dis-
position of his forces at the time of the December
7, 1941, attack on Pearl Harbor were proper ‘‘by
virtue of the information that Admiral Kimmel
had at hand which indicated neither the prob-
ability nor the imminence of an air attack on
Pearl Harbor’’;
(B) criticized the higher command for not
sharing with Admiral Kimmel ‘‘during the very
critical period of 26 November to 7 December
129
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, subsequently
confirmed, that essential intelligence concerning Jap-
anese intentions and war plans was available in
Washington but was not shared with Admiral Kim-
mel.
(8) On October 20, 1944, the Army Pearl Harbor
Board of Investigation determined that—
(A) Lieutenant General Short had not been
kept ‘‘fully advised of the growing tenseness of
the Japanese situation which indicated an in-
creasing necessity for better preparation for
war’’;
(B) detailed information and intelligence
about Japanese intentions and war plans were
available in ‘‘abundance’’, but were not shared
with Lieutenant General Short’s Hawaii com-
mand; and
130
(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 (retired)
Kimmel and Major General (retired) Short were de-
nied their requests to defend themselves through trial
by court-martial.
(10) The joint committee of Congress that was es-
tablished to investigate the conduct of Admiral Kim-
mel and Lieutenant General Short completed, on May
31, 1946, a 1,075-page report which included the con-
clusions of the committee that the two officers had not
been guilty of dereliction of duty.
(11) The Officer Personnel Act of 1947, in estab-
lishing 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 commander
during World War II with a placement of that officer,
with the advice and consent of the Senate, on the re-
131
tired list with the highest grade held while on the ac-
tive duty list.
(12) On April 27, 1954, the then Chief of Naval
Personnel, Admiral J. L. Holloway, Jr., recommended
that Rear Admiral Kimmel be advanced in rank in
accordance with the provisions of the Officer Per-
sonnel Act of 1947.
(13) On November 13, 1991, a majority of the
members of the Board for the Correction of Military
Records of the Department of the Army found that the
late Major General (retired) Short ‘‘was unjustly held
responsible for the Pearl Harbor disaster’’ and that
‘‘it would be equitable and just’’ to advance him to
the rank of lieutenant general on the retired list’’.
(14) In October 1994, the then Chief of Naval
Operations, Admiral Carlisle Trost, withdrew his
1988 recommendation against the advancement of
Rear Admiral (retired) Kimmel (by then deceased)
and recommended that the case of Rear Admiral
Kimmel be reopened.
(15) Although the Dorn Report, a report on the
results of a Department of Defense study that was
issued on December 15, 1995, did not provide support
for an advancement of the late Rear Admiral (retired)
Kimmel or the late Major General (retired) Short in
132
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 General Short, it should be
broadly shared’’.
(16) The Dorn Report found—
(A) that ‘‘Army and Navy officials in
Washington were privy to intercepted Japanese
diplomatic communications . . . which provided
crucial confirmation of the imminence of war’’;
(B) that ‘‘the evidence of the handling of
these messages in Washington reveals some inep-
titude, some unwarranted assumptions and
misestimations, limited coordination, ambiguous
language, and lack of clarification and follow-up
at higher levels’’; and
(C) that ‘‘together, these characteristics re-
sulted in failure . . . to appreciate fully and to
convey to the commanders in Hawaii the sense
of focus and urgency that these intercepts should
have engendered’’.
(17) On July 21, 1997, Vice Admiral David C.
Richardson (United States Navy, retired) responded
to the Dorn Report with his own study which con-
firmed findings of the Naval Court of Inquiry and the
133
Army Pearl Harbor Board of Investigation and estab-
lished, among other facts, that the war effort in 1941
was undermined by a restrictive intelligence distribu-
tion policy, and the degree to which the commanders
of the United States forces in Hawaii were not alerted
about the impending attack on Hawaii was directly
attributable to the withholding of intelligence from
then Admiral Kimmel and Lieutenant General Short.
(18) Rear Admiral (retired) Kimmel and Major
General (retired) Short are the only two officers eligi-
ble for advancement under the Officer Personnel Act
of 1947 as senior World War II commanders who
were excluded from the list of retired officers presented
for advancement on the retired lists to their highest
wartime ranks under that Act.
(19) This singular exclusion from advancement
of Rear Admiral (retired) Kimmel and Major General
(retired) Short from the Navy retired list and the
Army retired list, respectively, serves only to perpet-
uate the myth that the senior commanders in Hawaii
were derelict in their duty and responsible for the suc-
cess of the attack on Pearl Harbor, and is a distinct
and unacceptable expression of dishonor toward two
of the finest officers who have served in the Armed
Forces of the United States.
134
(20) Major General (retired) Walter Short died
on September 23, 1949, and Rear Admiral (retired)
Husband Kimmel died on May 14, 1968, without
having been accorded the honor of being returned to
their wartime ranks as were their fellow veterans of
World War II.
(21) The Veterans of Foreign Wars, the Pearl
Harbor Survivors Association, the Admiral Nimitz
Foundation, the Naval Academy Alumni Association,
the Retired Officers Association, the Pearl Harbor
Commemorative Committee, and other associations
and numerous retired military officers have called for
the rehabilitation of the reputations and honor of the
late Rear Admiral (retired) Kimmel and the late
Major General (retired) Short through their post-
humous advancement on the retired lists to their high-
est wartime grades.
(b) REQUEST
FOR
ADVANCEMENT
ON
RETIRED
LISTS.—(1) The President is requested—
(A) to advance the late Rear Admiral (retired)
Husband E. Kimmel to the grade of admiral on the
retired list of the Navy; and
(B) to advance the late Major General (retired)
Walter C. Short to the grade of lieutenant general on
the retired list of the Army.
135
(2) Any advancement in grade on a retired list re-
quested under paragraph (1) shall not increase or otherwise
modify the compensation or benefits from the United States
to which any person is now or may in the future be entitled
based upon the military service of the officer advanced.
(c) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the late Rear Admiral (retired) Husband E.
Kimmel performed his duties as Commander in Chief,
United States Pacific Fleet, competently and profes-
sionally, and, therefore, the losses incurred by the
United States in the attacks on the naval base at
Pearl Harbor, Hawaii, and other targets on the is-
land of Oahu, Hawaii, on December 7, 1941, were not
a result of dereliction in the performance of those du-
ties by the then Admiral Kimmel; and
(2) the late Major General (retired) Walter C.
Short performed his duties as Commanding General,
Hawaiian Department, competently and profes-
sionally, and, therefore, the losses incurred by the
United States in the attacks on Hickam Army Air
Field and Schofield Barracks, Hawaii, and other tar-
gets on the island of Oahu, Hawaii, on December 7,
1941, were not a result of dereliction in the perform-
136
ance of those duties by the then Lieutenant General
Short.
SEC. 538. COMMENDATION OF CITIZENS OF REMY, FRANCE,
FOR WORLD WAR II ACTIONS.
(a) FINDINGS.—The Congress finds the following:
(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 recov-
ered Lieutenant Braly’s body from the wreckage, bur-
ied 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 Lieutenant
Braly’s death in his honor.
(5) The surviving members of the 364th Fighter
Group desire to express their gratitude to the brave
citizens of Remy.
137
(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 Congress
commends the bravery and honor of the citizens of Remy,
France, for their actions with respect to the American fight-
er pilot Lieutenant Houston Braly during and after August
1944, and recognizes the efforts of the surviving members
of the United States 364th Fighter Group to raise funds
to restore the stained glass windows of Remy’s 13th Century
church.
Subtitle E—Military Justice
Matters
SEC. 541. RECOGNITION BY STATES OF MILITARY TESTA-
MENTARY INSTRUMENTS.
(a) IN GENERAL.—Chapter 53 of title 10, United
States Code, is amended by inserting after section 1044c
the following new section:
‘‘§ 1044d. Military testamentary instruments: require-
ment for recognition by States
‘‘(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN
LEGAL EFFECT.—A military testamentary instrument—
138
‘‘(1) is exempt from any requirement of form,
formality, or recording before probate that is provided
for testamentary instruments under the laws of a
State; and
‘‘(2) has the same legal effect as a testamentary
instrument prepared and executed in accordance with
the laws of the State in which it is presented for pro-
bate.
‘‘(b) MILITARY TESTAMENTARY INSTRUMENTS.—For
purposes of this section, a military testamentary instru-
ment is an instrument that is prepared with testamentary
intent in accordance with regulations prescribed under this
section and that—
‘‘(1) is executed in accordance with subsection
(c) by (or on behalf of) a person, as a testator, who
is eligible for military legal assistance;
‘‘(2) makes a disposition of property of the tes-
tator; and
‘‘(3) takes effect upon the death of the testator.
‘‘(c) REQUIREMENTS FOR EXECUTION OF MILITARY
TESTAMENTARY INSTRUMENTS.—An instrument is valid as
a military testamentary instrument only if—
‘‘(1) the instrument is executed by the testator
(or, if the testator is unable to execute the instrument
139
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:
‘‘(A) That the signature is genuine.
‘‘(B) That the signatory had the represented sta-
tus and title at the time of the execution of the will.
140
‘‘(C) That the signature was executed in compli-
ance with the procedures required under the regula-
tions prescribed under subsection (f).
‘‘(2) A document setting forth a military testamentary
instrument meets the requirements of this paragraph if it
includes (or has attached to it), in a form and content re-
quired 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 testa-
mentary instrument.
‘‘(B) An affidavit, executed by each witness sign-
ing the testamentary instrument, that attests to the
circumstances under which the testamentary instru-
ment 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 offi-
cial administering the oath.
‘‘(e) STATEMENT TO BE INCLUDED.—(1) Under regu-
lations prescribed under this section, each military testa-
mentary instrument shall contain a statement that sets
forth the provisions of subsection (a).
‘‘(2) Paragraph (1) shall not be construed to make in-
applicable the provisions of subsection (a) to a testamentary
141
instrument that does not include a statement described 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 as-
sistance under section 1044 of this title.
‘‘(2) The term ‘military legal assistance counsel’
means—
‘‘(A) a judge advocate (as defined in section
801(13) of this title); or
‘‘(B) a civilian attorney serving as a legal
assistance officer under the provisions of section
1044 of this title.
‘‘(3) The term ‘State’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth 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:
142
‘‘1044d. Military testamentary instruments: requirement for recognition by
States.’’.
SEC. 542. PROBABLE CAUSE REQUIRED FOR ENTRY OF
NAMES OF SUBJECTS INTO OFFICIAL CRIMI-
NAL INVESTIGATIVE REPORTS.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding after section 1563, as
added by section 533(a), the following new section:
‘‘§ 1564. Military criminal investigations: probable
cause required for entry of names of sub-
jects into official investigative reports
‘‘(a) PROBABLE CAUSE REQUIRED FOR ‘TITLING’.—
The Secretary of Defense shall require that an employee of
a military criminal investigative organization or a member
of the armed forces assigned to a military criminal inves-
tigative organization, in connection with the investigation
of a reported crime, may not designate any person, by name
or by any other identifying information, as a suspect in
the case in any official investigative report, or in a central
index for potential retrieval and analysis by law enforce-
ment organizations, unless there is probable cause to believe
that that person committed the crime.
‘‘(b) STANDARD FOR REMOVAL OF ‘TITLING’ INFORMA-
TION FROM RECORDS.—The Secretary of Defense shall es-
tablish a uniform standard applicable throughout the De-
partment of Defense for removal from an official investiga-
143
tive report of a reported crime, and from any applicable
central index, of the name of a person (and any other iden-
tifying information about that person) that was entered in
the report or index to designate that person as a suspect
in the case when it is subsequently determined that there
is not probable cause to believe that that person committed
the crime.
‘‘(c) CRIMINAL INVESTIGATIVE ORGANIZATION DE-
FINED.—In this section, the term ‘criminal investigative or-
ganization’ means any of the following:
‘‘(1) The Defense Criminal Investigative Service
(or any successor to that service).
‘‘(2) The Army Criminal Investigation Com-
mand (or any successor to that command).
‘‘(3) The Naval Criminal Investigative Service
(or any successor to that service).
‘‘(4) The Air Force Office of Special Investiga-
tions (or any successor to that office).’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding after the item relating to section
1563, as added by section 533(b), the following new item:
‘‘1564. Military criminal investigations: probable cause required for entry of
names of subjects into official investigative reports.’’.
(b) EFFECTIVE DATE.—Section 1564 of title 10,
United States Code, as added by subsection (a), shall take
144
effect at the end of the 180-day period beginning on the
date of the enactment of this Act.
SEC. 543. COLLECTION AND USE OF DNA IDENTIFICATION
INFORMATION FROM VIOLENT AND SEXUAL
OFFENDERS IN THE ARMED FORCES.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding after section 1564, as
added by section 542(a)(1), the end the following new sec-
tion:
‘‘§ 1565. DNA identification information: collection
from violent and sexual offenders; use
‘‘(a) COLLECTION OF DNA SAMPLES.—The Secretary
concerned shall collect a DNA sample from each member
of the armed forces under the Secretary’s jurisdiction who
is, or has been, convicted of a qualifying military offense
(as determined under subsection (e)).
‘‘(b) ANALYSIS
OF SAMPLES.—The Secretary con-
cerned shall furnish each DNA sample collected under sub-
section (a) to the Secretary of Defense. The Secretary of De-
fense shall carry out a DNA analysis on each such DNA
sample.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘DNA sample’ means a tissue,
fluid, or other bodily sample of an individual on
which a DNA analysis can be carried out.
145
‘‘(2) The term ‘DNA analysis’ means analysis of
the deoxyribonucleic acid (DNA) identification infor-
mation in a bodily sample.
‘‘(d) USE IN CODIS.—(1) The Secretary of Defense
shall furnish the results of each DNA analysis carried out
under subsection (b) to the Director of the Federal Bureau
of Investigation for use in the Combined DNA Index System
(in this section referred to as ‘CODIS’) of the Federal Bu-
reau of Investigation.
‘‘(2) The Secretary of Defense, in consultation with the
Director of the Federal Bureau of Investigation, shall estab-
lish procedures providing that if a DNA sample has been
collected from a person pursuant to subsection (a), and the
Secretary receives notice that each conviction of that person
of a qualifying military offense has been overturned, the
Secretary shall promptly transmit a notice of that fact to
the Director in accordance with section 210304(d) of the
Violent Crime Control and Law Enforcement Act of 1994.
‘‘(e) QUALIFYING MILITARY OFFENSES.—(1) Subject
to paragraph (2), the Secretary of Defense, in consultation
with the Attorney General, shall determine those violent or
sexual offenses under the Uniform Code of Military Justice
that shall be considered for purposes of this section as quali-
fying military offenses.
146
‘‘(2) An offense under the Uniform Code of Military
Justice that is equivalent to a serious violent felony (as that
term is defined in section 3559(c)(2)(F) of title 18), as de-
termined by the Secretary in consultation with the Attorney
General, shall be considered for purposes of this section as
a qualifying military offense.
‘‘(f) WAIVER.—The Secretary of Defense may waive the
requirement of subsection (a) for a member if CODIS con-
tains a DNA analysis with respect to that member.
‘‘(g) REGULATIONS.—This section shall be carried out
under regulations prescribed by the Secretary of Defense,
in consultation with the Secretary of Transportation and
the Attorney General. Those regulations shall apply, to the
extent practicable, uniformly throughout the armed forces.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding after the item relating to section
1564, as added by section 542(a)(2), the following new item:
‘‘1565. DNA identification information: collection from violent and sexual offend-
ers; use.’’
(b) INITIAL DETERMINATION OF QUALIFYING MILI-
TARY OFFENSES.—The initial determination of qualifying
military offenses under section 1565(e) of title 10, United
States Code, as added by subsection (a)(1), shall be made
not later than 120 days after the date of the enactment of
this Act.
147
(c) EXPANSION OF DNA IDENTIFICATION INDEX.—
Section 811(a) of the Antiterrorism and Effective Death
Penalty Act of 1996 (28 U.S.C. 531 note) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) the Director of the Federal Bureau of Inves-
tigation shall expand the combined DNA Identifica-
tion System (CODIS) to include analyses of DNA
samples collected from members of the Armed Forces
convicted of a qualifying military offense in accord-
ance with section 1565 of title 10, United States
Code.’’.
(d) INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMATION.—Section
210304 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14132) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
148
(C) by inserting after paragraph (4) the fol-
lowing new paragraph:
‘‘(5) analyses of DNA samples collected from
members of the Armed Forces convicted of a quali-
fying military offense in accordance with section
1565 of title 10, United States Code.’’;
(2) in subsection (b)(2), by striking ‘‘, at regular
intervals of not to exceed 180 days,’’ and inserting
‘‘semiannual’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) EXPUNGEMENT OF RECORDS OF MILITARY OF-
FENDERS.—If the Director of the Federal Bureau of Inves-
tigation receives a notice transmitted under section
1565(d)(2) of title 10, United States Code, the Director shall
promptly expunge from the index described in subsection
(a) any DNA analysis furnished under section 1565(d)(1)
of such title with respect to the person described in the no-
tice.’’.
SEC. 544. LIMITATION ON SECRETARIAL AUTHORITY TO
GRANT CLEMENCY FOR MILITARY PRISONERS
SERVING SENTENCE OF CONFINEMENT 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
149
Justice), is amended by adding at the end the following new
sentence: ‘‘However, in the case of a sentence of confinement
for life without eligibility for parole, after the sentence is
ordered executed, the authority of the Secretary 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 sub-
section (a) shall not apply with respect to a sentence of con-
finement for life without eligibility for parole that is ad-
judged for an offense committed before the date of the enact-
ment of this Act.
SEC. 545. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF
MILITARY DEPARTMENT CRIMINAL INVES-
TIGATIVE ORGANIZATIONS TO EXECUTE WAR-
RANTS AND MAKE ARRESTS.
(a) DEPARTMENT OF THE ARMY.—(1) Chapter 373 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 4027. Civilian special agents of the Criminal Inves-
tigation Command: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Army may
authorize any Department of the Army civilian employee
described in subsection (b) to have the same authority to
150
execute and serve warrants and other processes issued under
the authority of the United States and to make arrests with-
out a warrant as may be authorized under section 1585a
of this title for special agents of the Defense Criminal Inves-
tigative Service.
‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)
applies to any employee of the Department of the Army
who is a special agent of the Army Criminal Investigation
Command (or a successor to that command) whose duties
include conducting, supervising, or coordinating investiga-
tions of criminal activity in programs and operations of
the Department of the Army.
‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—
The authority provided under subsection (a) shall be exer-
cised in accordance with guidelines prescribed by the Sec-
retary of the Army and approved by the Secretary of De-
fense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Army, the Sec-
retary of Defense, or the Attorney General.’’.
(2) The table of sections at the beginning of such chap-
ter 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:
151
‘‘§ 7451. Special agents of the Naval Criminal Inves-
tigative Service: authority to execute war-
rants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Navy may au-
thorize any Department of the Navy civilian employee de-
scribed in subsection (b) to have the same authority to exe-
cute and serve warrants and other processes issued under
the authority of the United States and to make arrests with-
out a warrant as may be authorized under section 1585a
of this title for special agents of the Defense Criminal Inves-
tigative 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 Serv-
ice (or any successor to that service) whose duties include
conducting, supervising, or coordinating investigations of
criminal activity in programs and operations of the De-
partment 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 Defense
and the Attorney General and any other applicable guide-
lines prescribed by the Secretary of the Navy, the Secretary
of Defense, or the Attorney General.’’.
152
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end following new item:
‘‘7451. Special agents of the Naval Criminal Investigative Service: authority to
execute warrants and make arrests.’’.
(c) DEPARTMENT OF THE AIR FORCE.—(1) Chapter
873 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 9027. Civilian special agents of the Office of Spe-
cial Investigations: authority to execute
warrants and make arrests
‘‘(a) AUTHORITY.—The Secretary of the Air Force may
authorize any Department of the Air Force civilian em-
ployee described in subsection (b) to have the same author-
ity 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 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 investiga-
tions of criminal activity in programs and operations of
the Department of the Air Force.
153
‘‘(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 applicable
guidelines prescribed by the Secretary of the Air Force, the
Secretary of Defense, or the Attorney General.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end following new item:
‘‘9027. Civilian special agents of the Office of Special Investigations: authority to
execute warrants and make arrests.’’.
Subtitle F—Other Matters
SEC. 551. FUNERAL HONORS DUTY COMPENSATION.
(a) COMPENSATION OF MEMBERS OF THE NATIONAL
GUARD.—Section 115(b)(2) of title 32, United States Code,
is amended by inserting before the period at the end the
following: ‘‘or compensation at the rate prescribed in section
206 of title 37’’.
(b) COMPENSATION OF MEMBERS OF A RESERVE COM-
PONENT.—Section 12503(b)(2) of title 10, United States
Code, is amended by inserting before the period at the end
the following: ‘‘or compensation at the rate prescribed in
section 206 of title 37’’.
(c) CONFORMING AMENDMENT.—Section 435(c) of title
37, United States Code, is repealed.
154
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to funeral honors duty per-
formed on or after October 1, 2000.
SEC. 552. TEST OF ABILITY OF RESERVE COMPONENT IN-
TELLIGENCE UNITS AND PERSONNEL TO
MEET CURRENT AND EMERGING DEFENSE IN-
TELLIGENCE NEEDS.
(a) TEST PROGRAM REQUIRED.—(1) Beginning not
later than June 1, 2001, the Secretary of Defense shall con-
duct a three-year test program of reserve component intel-
ligence units and personnel. The purpose of the test pro-
gram shall be—
(A) to determine the most effective peacetime
structure and operational employment of reserve com-
ponent intelligence assets for meeting current and fu-
ture Department of Defense peacetime operational in-
telligence requirements; and
(B) to establish a means to coordinate and tran-
sition that peacetime intelligence operational support
network into use for meeting wartime requirements.
(2) The test program shall be carried out using the
Joint Reserve Intelligence Program and appropriate reserve
component intelligence units and personnel.
(3) In conducting the test program, the Secretary of
Defense shall expand the current Joint Reserve Intelligence
155
Program as needed to meet the objectives of the test pro-
gram.
(b) OVERSIGHT PANEL.—The Secretary shall establish
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 conduct and
evaluation of the test program. The panel members shall
include—
(1) the Assistant Secretary of Defense for Com-
mand, Control, Communications and Intelligence;
(2) the Assistant Secretary of Defense for Reserve
Affairs; and
(3) representatives from the Defense Intelligence
Agency, the Army, Navy, Air Force, and Marine
Corps, the Joint Staff, and the combatant commands.
(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, information
warfare, and other emerging threats.
(2) To recommend a process for justifying and
validating reserve component intelligence force struc-
156
ture and manpower to support the peacetime roles
and missions identified under paragraph (1) and to
establish a means to coordinate and transition that
peacetime operational support network and structure
into wartime requirements.
(3) To provide, pursuant to paragraphs (1) and
(2), the basis for new or revised intelligence and re-
serve component policy guidelines for the peacetime
use, organization, management, infrastructure ,and
funding of reserve component intelligence units and
personnel.
(4) To determine the most effective structure, or-
ganization, manning, and management of Joint Re-
serve Intelligence Centers to enable them to be both re-
serve training facilities and virtual collaborative pro-
duction facilities in support of Department of Defense
peacetime operational intelligence requirements.
(5) To determine the most effective uses of tech-
nology 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.
157
(7) To identify and make recommendations for
the elimination of statutory prohibitions and barriers
to using reserve component intelligence units and in-
dividuals to carry out peacetime operational require-
ments.
(d) REPORTS.—The Secretary of Defense shall submit
to Congress—
(1) interim reports on the status of the test pro-
gram not later than July 1, 2002, and July 1, 2003;
and
(2) a final report, with such recommendations
for changes as the Secretary considers necessary, not
later than December 1, 2004.
SEC. 553. NATIONAL GUARD CHALLENGE PROGRAM.
(a) EXPENDITURE LIMITATIONS.—Subsection (b) of
section 509 of title 32, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of
Defense’’;
(2) by striking ‘‘, except that Federal expendi-
tures under the program may not exceed $62,500,000
for any fiscal year’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2) The Secretary shall carry out the National Guard
Challenge Program using funds appropriated directly to the
158
Secretary for the program and nondefense Federal funds
made available or transferred to the Secretary by other Fed-
eral agencies to support the program. However, the amount
of funds appropriated directly to the Secretary of Defense
and expended for the program in a fiscal year may not
exceed $62,500,000.’’.
(b) REGULATIONS.—Such section is further amended
by adding at the end the following new subsection:
‘‘(m) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out the National Guard Chal-
lenge Program. The regulations shall address at a min-
imum the following:
‘‘(1) The terms to be included in the program
agreements required by subsection (d).
‘‘(2) The qualifications for persons to participate
in the program, as required by subsection (e).
‘‘(3) The benefits authorized for program partici-
pants, as required by subsection (f).
‘‘(4) The status of National Guard personnel as-
signed to duty in support of the program.
‘‘(5) The conditions for the use of National
Guard facilities and equipment to carry out the pro-
gram, as required by subsection (h).
‘‘(6) The status of program participants, as de-
scribed in subsection (i).
159
‘‘(7) The procedures to be used by the Secretary
when communicating with States about the pro-
gram.’’.
(c) CONFORMING AMENDMENT.—Section 2033 of title
10, United States Code, is amended by striking ‘‘appro-
priated for’’ and inserting ‘‘appropriated directly to the
Secretary of Defense for’’.
SEC. 554. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS
FOR OPERATIONAL SUPPORT MISSIONS.
(a) STUDY.—The Secretary of Defense shall conduct a
study to determine the feasibility and cost, as well as the
advantages and disadvantages, of using civilian contractor
personnal as pilots and other air crew members to fly non-
military Government aircraft (referred to as ‘‘operational
support aircraft’’) to perform non-combat personnel trans-
portation missions worldwide. In carrying out the study,
the Secretary shall consider the views and recommendations
of the Chairman of the Joint Chiefs and the other members
of the Joint Chiefs of Staff.
(b) MATTERS TO BE INCLUDED.—The study shall, as
a minimum—
(1) determine whether use of civilian contractor
personnel as pilots and other air crew members for
such operational support missions would be a cost ef-
fective means of freeing for duty in units with combat
160
and combat support missions those military pilots
and other personnel who now perform such oper-
ational support missions; and
(2) the effect on retention of military pilots and
other personnel if they are no longer required to fly
operational support missions.
(c) SUBMISSION
OF REPORT.—The Secretary shall
submit a report containing the results of the study to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
not later than six months after the date of the enactment
of this Act.
SEC. 555. 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 con-
duct a pilot program to determine if cooperation with mili-
tary recruiters by local educational agencies and by institu-
tions of higher education could be enhanced by improving
the understanding of school counselors and educators about
military recruiting and military career opportunities. The
pilot program shall be conducted during a three-year period
beginning not later than 180 days after the date of the en-
actment of this Act.
161
(b) CONDUCT OF PILOT PROGRAM THROUGH PARTICI-
PATION IN INTERACTIVE INTERNET SITE.—(1) The pilot
program shall be conducted by means of participation by
the Department of Defense in a qualifying interactive Inter-
net 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 insti-
tutions of higher education participating in the Internet
site—
(A) systems for communicating;
(B) resources for individual professional develop-
ment;
(C) resources to enhance individual on-the-job ef-
fectiveness; and
(D) resources to improve organizational effective-
ness.
(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, ca-
reer development information, and other resources, in
162
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 Representa-
tives a report providing the Secretary’s findings and con-
clusions on the pilot program not later than 180 days after
the end of the three-year program period.
SEC. 556. REIMBURSEMENT FOR EXPENSES INCURRED BY
MEMBERS IN CONNECTION WITH CANCELLA-
TION OF LEAVE ON SHORT NOTICE.
(a) IN GENERAL.—(1) Chapter 157 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2647. Reimbursement for expenses incurred in con-
nection with leave canceled due to contin-
gency operations
‘‘(a) AUTHORIZATION TO REIMBURSE.—The Secretary
concerned may reimburse a member of the armed forces
under the jurisdiction of the Secretary for travel and related
expenses (to the extent not otherwise reimbursable under
law) incurred by the member as a result of the cancellation
of previously approved leave when the leave is canceled in
connection with the member’s participation in a contin-
163
gency operation and the cancellation occurs within 48 hours
of the time the leave would have commenced.
‘‘(b) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to establish the criteria for the appli-
cability of subsection (a).
‘‘(c) CONCLUSIVENESS OF SETTLEMENT.—The settle-
ment of an application for reimbursement under subsection
(a) is final and conclusive.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2647. Reimbursement for expenses incurred in connection with leave canceled due
to contingency operations.’’.
(b) EFFECTIVE DATE.—Section 2647 of title 10,
United States Code, as added by subsection (a) shall apply
with respect to any travel and related expenses incurred
by a member in connection with leave canceled after the
date of the enactment of this Act.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2001 re-
quired by section 1009 of title 37, United States Code, in
the rates of monthly basic pay authorized members of the
uniformed services shall not be made.
164
(b) INCREASE IN BASIC PAY.—Effective on January
1, 2001, the rates of monthly basic pay for members of the
uniformed services are increased by 3.7 percent.
SEC. 602. REVISED METHOD FOR CALCULATION OF BASIC
ALLOWANCE FOR SUBSISTENCE.
(a) ANNUAL REVISION OF RATE.—Section 402(b)(1) of
title 37, United States Code, is amended by striking para-
graph (1) and inserting the following new paragraph:
‘‘(1) The monthly rate of basic allowance for subsist-
ence to be in effect for an enlisted member for a year (begin-
ning on January 1 of that year) shall be equal to the sum
of—
‘‘(A) the monthly rate of basic allowance for sub-
sistence that was in effect for an enlisted member for
the preceding year; plus
‘‘(B) the product of the monthly rate under sub-
paragraph (A) and the percentage increase in the
monthly cost of a liberal food plan for a male in the
United States who is between 20 and 50 years of age
over the preceding fiscal year, as determined by the
Secretary of Agriculture each October 1.’’.
(b) EARLY TERMINATION OF BAS TRANSITIONAL AU-
THORITY.—Subsections (c) through (f) of section 602 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 37 U.S.C. 402 note) are repealed.
165
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2001.
SEC. 603. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOW-
ANCE FOR LOW-INCOME MEMBERS OF THE
ARMED FORCES.
(a) SUPPLEMENTAL ALLOWANCE AUTHORIZED.—(1)
Chapter 7 of title 37, United States Code, is amended by
inserting after section 402 the following new section:
‘‘§ 402a. Supplemental subsistence allowance for low-
income members with dependents
‘‘(a) SUPPLEMENTAL ALLOWANCE AUTHORIZED.—(1)
The Secretary concerned may increase the basic allowance
for subsistence to which a member of the armed forces de-
scribed in subsection (b) is otherwise entitled under section
402 of this title by an amount (in this section referred to
as the ‘supplemental subsistence allowance’) designed to re-
move the member’s household from eligibility for benefits
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
166
a member who is not entitled to that allowance as a result
of assignment to quarters of the United States or a housing
facility under the jurisdiction of a uniformed service.
‘‘(3) In the case of a member described in subsection
(b) who establishes to the satisfaction of the Secretary con-
cerned 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 para-
graph (2), the amount of the supplemental subsistence al-
lowance for the member shall be equal to the lesser of the
following:
‘‘(A) The value of that allotment.
‘‘(B) $500.
‘‘(b) ELIGIBLE MEMBERS.—(1) Subject to subsection
(d), a member of the armed forces is eligible to receive the
supplemental subsistence allowance if the Secretary con-
cerned determines that the member’s income, together with
the income of the rest of the member’s household (if any),
is within the highest income standard of eligibility, as then
in effect under section 5(c) of the Food Stamp Act of 1977
(7 U.S.C. 2014(c)) and without regard to paragraph (1)
of such section, for participation in the food stamp pro-
gram.