156
HR 4205 EAS
‘‘(c) Upon increasing under subsection (c)(2) of section
115 of this title the end strength that is authorized under
subsection (a)(1)(B) of that section for a fiscal year for ac-
tive-duty personnel and full-time National Guard duty per-
sonnel of an armed force who are to be paid from funds
appropriated for reserve personnel, the Secretary of Defense
may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of offi-
cers of that armed force serving in any grade if the Sec-
retary determines that such action is in the national inter-
est. The percent of the increase may not exceed the percent
by which the Secretary increases that end strength.’’.
(b) ENLISTED PERSONNEL.—Section 12012 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(c) Upon increasing under subsection (c)(2) of section
115 of this title the end strength that is authorized under
subsection (a)(1)(B) of that section for a fiscal year for ac-
tive-duty personnel and full-time National Guard duty per-
sonnel of an armed force who are to be paid from funds
appropriated for reserve personnel, the Secretary of Defense
may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of en-
listed members of that armed force serving in any grade
if the Secretary determines that such action is in the na-
157
HR 4205 EAS
tional interest. The percent of the increase may not exceed
the percent by which the Secretary increases that end
strength.’’.
SEC. 425. TEMPORARY EXEMPTION OF DIRECTOR OF THE
NATIONAL SECURITY AGENCY FROM LIMITA-
TIONS ON NUMBER OF AIR FORCE OFFICERS
ABOVE MAJOR GENERAL.
Section 525(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(8) An Air Force officer while serving as Director of
the National Security Agency is in addition to the number
that would otherwise be permitted for the Air Force for offi-
cers serving on active duty in grades above major general
under paragraph (1) and the number that would otherwise
be permitted for the Air Force for officers serving on active
duty in grades above brigadier general under subsection (a).
This paragraph shall not be effective after September 30,
2005.’’.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2001 a total of $75,632,266,000. The authorization in the
158
HR 4205 EAS
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—Officer Personnel Policy
SEC. 501. ELIGIBILITY OF ARMY RESERVE COLONELS AND
BRIGADIER GENERALS FOR POSITION VA-
CANCY PROMOTIONS.
Section 14315(b)(1) of title 10, United States Code, is
amended by inserting after ‘‘(A) is assigned to the duties
of a general officer of the next higher reserve grade in the
Army Reserve’’ the following: ‘‘or is recommended for such
an assignment under regulations prescribed by the Sec-
retary of the Army’’.
SEC. 502. PROMOTION ZONES FOR COAST GUARD RESERVE
OFFICERS.
(a) FLEXIBLE AUTHORITY TO MEET COAST GUARD
NEEDS.—Section 729(d) of title 14, United States Code, is
amended to read as follows:
‘‘(d)(1) Before convening a selection board to rec-
ommend Reserve officers for promotion, the Secretary shall
establish a promotion zone for officers serving in each grade
and competitive category to be considered by the board. The
Secretary shall determine the number of officers in the pro-
159
HR 4205 EAS
motion zone for officers serving in any grade and competi-
tive category from among officers who are eligible for pro-
motion in that grade and competitive category.
‘‘(2) Before convening a selection board to recommend
Reserve officers for promotion to a grade above lieutenant
(junior grade), the Secretary shall determine the maximum
number of officers in that grade and competitive category
that the board may recommend for promotion. The Sec-
retary shall make the determination under the preceding
sentence of the maximum number that may be recommended
with a view to having in an active status a sufficient num-
ber of Reserve officers in each grade and competitive cat-
egory to meet the needs of the Coast Guard for Reserve offi-
cers in an active status. In order to make that determina-
tion, the Secretary shall determine (A) the number of posi-
tions needed to accomplish mission objectives which require
officers of such competitive category in the grade to which
the board will recommend officers for promotion, (B) the
estimated number of officers needed to fill vacancies in such
positions during the period in which it is anticipated that
officers selected for promotion will be promoted, (C) the
number of officers authorized by the Secretary to serve in
an active status in the grade and competitive category
under consideration, and (D) any statutory limitation on
160
HR 4205 EAS
the number of officers in any grade or category (or com-
bination thereof) authorized to be in an active status.
‘‘(3)(A) The Secretary may, when the needs of the
Coast Guard require, authorize the consideration of officers
in a grade above lieutenant (junior grade) for promotion
to the next higher grade from below the promotion zone.
‘‘(B) When selection from below the promotion zone is
authorized, the Secretary shall establish the number of offi-
cers that may be recommended for promotion from below
the promotion zone in each competitive category to be con-
sidered. That number may not exceed the number equal to
10 percent of the maximum number of officers that the
board is authorized to recommend for promotion in such
competitive category, except that the Secretary may author-
ize a greater number, not to exceed 15 percent of the total
number of officers that the board is authorized to rec-
ommend for promotion, if the Secretary determines that the
needs of the Coast Guard so require. If the maximum num-
ber determined under this paragraph is less than one, the
board may recommend one officer for promotion from below
the promotion zone.
‘‘(C) The number of officers recommended for pro-
motion from below the promotion zone does not increase the
maximum number of officers that the board is authorized
to recommend for promotion under paragraph (2).’’.
161
HR 4205 EAS
(b) RUNNING MATE SYSTEM.—(1) Section 731 of such
title is amended—
(A) by designating the text of such section as
subsection (b);
(B) by inserting after the section heading the fol-
lowing:
‘‘(a) AUTHORITY TO USE RUNNING MATE SYSTEM.—
The Secretary may by regulation implement section
729(d)(1) of this title by requiring that the promotion zone
for consideration of Reserve officers in an active status for
promotion to the next higher grade be determined in accord-
ance with a running mate system as provided in subsection
(b).’’;
(C) in subsection (b), as designated by subpara-
graph (A), by striking ‘‘Subject to the eligibility re-
quirements of this subchapter, a Reserve officer shall’’
and inserting the following: ‘‘CONSIDERATION
FOR
PROMOTION.—If promotion zones are determined as
authorized under subsection (a), a Reserve officer
shall, subject to the eligibility requirements of this
subchapter,’’; and
(D) by adding at the end the following:
‘‘(c) CONSIDERATION
OF
OFFICERS
BELOW
THE
ZONE.—If the Secretary authorizes the selection of officers
for promotion from below the promotion zone in accordance
162
HR 4205 EAS
with section 729(d)(3) of this title, the number of officers
to be considered from below the zone may be established
through the application of the running mate system under
this subchapter or otherwise as the Secretary determines to
be appropriate to meet the needs of the Coast Guard.’’.
(2)(A) The heading for such section is amended to read
as follows:
‘‘§ 731. Establishment of promotion zones: running
mate system’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 21 of title 14, United
States Code, is amended to read as follows:
‘‘731. Establishment of promotion zones: running mate system.’’.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000, and shall apply with respect to selection boards con-
vened under section 730 of title 14, United States Code, on
or after that date.
SEC. 503. TIME FOR RELEASE OF OFFICER PROMOTION SE-
LECTION BOARD REPORTS.
(a) ACTIVE-DUTY LIST OFFICER BOARDS.—Section
618(e) of title 10, United States Code, is amended to read
as follows:
‘‘(e)(1) The names of the officers recommended for pro-
motion in the report of a selection board may be dissemi-
nated to the armed force concerned as follows:
163
HR 4205 EAS
‘‘(A) In the case of officers recommended for pro-
motion to a grade below brigadier general or rear ad-
miral (lower half), upon the transmittal of the report
to the President.
‘‘(B) In the case of officers recommended for pro-
motion to a grade above colonel or, in the case of the
Navy, captain, upon the approval of the report by the
President.
‘‘(C) In the case of officers whose names have not
been sooner disseminated, upon confirmation by the
Senate.
‘‘(2) A list of names of officers disseminated under
paragraph (1) may not include—
‘‘(A) any name removed by the President from
the report of the selection board containing that
name, if dissemination is under the authority of sub-
paragraph (B) of such paragraph; or
‘‘(B) the name of any officer whose promotion
the Senate failed to confirm, if dissemination is
under the authority of subparagraph (C) of such
paragraph.’’.
(b) 
RESERVE
ACTIVE-STATUS
LIST
OFFICER
BOARDS.—The text of section 14112 of title 10, United
States Code, is amended to read as follows:
164
HR 4205 EAS
‘‘(a) TIME FOR DISSEMINATION.—The names of the of-
ficers recommended for promotion in the report of a selec-
tion board may be disseminated to the armed force con-
cerned as follows:
‘‘(1) In the case of officers recommended for pro-
motion to a grade below brigadier general or rear ad-
miral (lower half), upon the transmittal of the report
to the President.
‘‘(2) In the case of officers recommended for pro-
motion to a grade above colonel or, in the case of the
Navy, captain, upon the approval of the report by the
President.
‘‘(3) In the case of officers whose names have not
been sooner disseminated, upon confirmation by the
Senate.
‘‘(b) NAMES NOT DISSEMINATED.—A list of names of
officers disseminated under subsection (a) may not
include—
‘‘(1) any name removed by the President from
the report of the selection board containing that
name, if dissemination is under the authority of
paragraph (2) of such subsection; or
‘‘(2) the name of any officer whose promotion the
Senate failed to confirm, if dissemination is under
the authority of paragraph (3) of such subsection.’’.
165
HR 4205 EAS
SEC. 504. CLARIFICATION OF AUTHORITY FOR POST-
HUMOUS COMMISSIONS AND WARRANTS.
Section 1521(a)(3) of title 10, United States Code, is
amended to read as follows:
‘‘(3) was officially recommended for appointment
or promotion to a commissioned grade but died in
line of duty before the appointment or promotion was
approved by the Secretary concerned or before accept-
ing the appointment or promotion.’’.
SEC. 505. INAPPLICABILITY OF ACTIVE-DUTY LIST PRO-
MOTION, SEPARATION, AND INVOLUNTARY
RETIREMENT 
AUTHORITIES 
TO 
RESERVE
GENERAL AND FLAG OFFICERS SERVING IN
CERTAIN POSITIONS DESIGNATED FOR RE-
SERVE OFFICERS BY THE CHAIRMAN OF THE
JOINT CHIEFS OF STAFF.
Section 641(1)(B) of title 10, United States Code, is
amended by inserting ‘‘526(b)(2)(A),’’ after ‘‘on active duty
under section’’.
SEC. 506. REVIEW OF ACTIONS OF SELECTION BOARDS.
(a) IN GENERAL.—(1) Chapter 79 of title 10, United
States Code, is amended by adding at the end the following:
‘‘§ 1558. Exclusive remedies in cases involving selec-
tion boards
‘‘(a) CORRECTION OF MILITARY RECORDS.—The Sec-
retary concerned may correct a person’s military records
166
HR 4205 EAS
in accordance with a recommendation made by a special
board. Any such correction shall be effective, retroactively,
as of the effective date of the action taken on a report of
a previous selection board that resulted in the action cor-
rected in the person’s military records.
‘‘(b) RELIEF ASSOCIATED WITH CORRECTIONS
OF
CERTAIN ACTIONS.—(1) The Secretary concerned shall en-
sure that a person receives relief under paragraph (2) or
(3), as the person may elect, if the person—
‘‘(A) was separated or retired from an armed
force, or transferred to the retired reserve or to inac-
tive status in a reserve component, as a result of a
recommendation of a selection board; and
‘‘(B) becomes entitled to retention on or restora-
tion to active duty or active status in a reserve com-
ponent as a result of a correction of the person’s mili-
tary records under subsection (a).
‘‘(2)(A) With the consent of a person referred to in
paragraph (1), the person shall be retroactively and pro-
spectively restored to the same status, rights, and entitle-
ments (less appropriate offsets against back pay and allow-
ances) in the person’s armed force as the person would have
had if the person had not been selected to be separated, re-
tired, or transferred to the retired reserve or to inactive sta-
tus in a reserve component, as the case may be, as a result
167
HR 4205 EAS
of an action corrected under subsection (a). An action under
this subparagraph is subject to subparagraph (B).
‘‘(B) Nothing in subparagraph (A) shall be construed
to permit a person to be on active duty or in an active
status in a reserve component after the date on which the
person would have been separated, retired, or transferred
to the retired reserve or to inactive status in a reserve com-
ponent if the person had not been selected to be separated,
retired, or transferred to the retired reserve or to inactive
status in a reserve component, as the case may be, in an
action of a selection board that is corrected under subsection
(a).
‘‘(3) If the person does not consent to a restoration of
status, rights, and entitlements under paragraph (2), the
person shall receive back pay and allowances (less appro-
priate offsets) and service credit for the period beginning
on the date of the person’s separation, retirement, or trans-
fer to the retired reserve or to inactive status in a reserve
component, as the case may be, and ending on the earlier
of—
‘‘(A) the date on which the person would have
been so restored under paragraph (2), as determined
by the Secretary concerned; or
‘‘(B) the date on which the person would other-
wise have been separated, retired, or transferred to the
168
HR 4205 EAS
retired reserve or to inactive status in a reserve com-
ponent, as the case may be.
‘‘(c) FINALITY OF UNFAVORABLE ACTION.—If a special
board makes a recommendation not to correct the military
records of a person regarding action taken in the case of
that person on the basis of a previous report of a selection
board, the action previously taken on that report shall be
considered as final as of the date of the action taken on
that report.
‘‘(d) REGULATIONS.—(1) The Secretary concerned
may prescribe regulations to carry out this section (other
than subsection (e)) with respect to the armed force or
armed forces under the jurisdiction of the Secretary.
‘‘(2) The Secretary may prescribe in the regulations
the circumstances under which consideration by a special
board may be provided for under this section, including the
following:
‘‘(A) The circumstances under which consider-
ation of a person’s case by a special board is contin-
gent upon application by or for that person.
‘‘(B) Any time limits applicable to the filing of
an application for consideration.
‘‘(3) Regulations prescribed by the Secretary of a mili-
tary department under this subsection shall be subject to
the approval of the Secretary of Defense.
169
HR 4205 EAS
‘‘(e) JUDICIAL REVIEW.—(1) A person challenging for
any reason the action or recommendation of a selection
board, or the action taken by the Secretary concerned on
the report of a selection board, is not entitled to relief in
any judicial proceeding unless the person has first been con-
sidered by a special board under this section or the Sec-
retary concerned has denied such consideration.
‘‘(2) In reviewing an action or recommendation of a
special board or an action of the Secretary concerned on
the report of a special board, a court may hold unlawful
and set aside the recommendation or action, as the case
may be, only if the court finds that recommendation or ac-
tion was contrary to law or involved a material error of
fact or a material administrative error.
‘‘(3) In reviewing a decision by the Secretary con-
cerned to deny consideration by a special board in any case,
a court may hold unlawful and set aside the decision only
if the court finds the decision to be arbitrary or capricious,
not based on substantial evidence, or otherwise contrary to
law.
‘‘(f) EXCLUSIVITY
OF REMEDIES.—Notwithstanding
any other provision of law, but subject to subsection (g),
the remedies provided under this section are the only rem-
edies available to a person for correcting an action or rec-
ommendation of a selection board regarding that person or
170
HR 4205 EAS
an action taken on the report of a selection board regarding
that person.
‘‘(g) EXISTING JURISDICTION.—(1) Nothing in this
section limits the jurisdiction of any court of the United
States under any provision of law to determine the validity
of any statute, regulation, or policy relating to selection
boards, except that, in the event that any such statute, regu-
lation, or policy is held invalid, the remedies prescribed in
this section shall be the sole and exclusive remedies available
to any person challenging the recommendation of a special
board on the basis of the invalidity.
‘‘(2) Nothing in this section limits authority to correct
a military record under section 1552 of this title.
‘‘(h) INAPPLICABILITY TO COAST GUARD.—This sec-
tion does not apply to the Coast Guard when it is not oper-
ating as a service in the Navy.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘special board’—
‘‘(A) means a board that the Secretary con-
cerned convenes under any authority to consider
whether to recommend a person for appointment,
enlistment, reenlistment, assignment, promotion,
retention, separation, retirement, or transfer to
inactive status in a reserve component instead of
referring the records of that person for consider-
171
HR 4205 EAS
ation by a previously convened selection board
which considered or should have considered that
person;
‘‘(B) includes a board for the correction of
military or naval records convened under section
1552 of this title, if designated as a special board
by the Secretary concerned; and
‘‘(C) does not include a promotion special
selection board convened under section 628 or
14502 of this title.
‘‘(2) The term ‘selection board’—
‘‘(A) means a selection board convened
under section 573(c), 580, 580a, 581, 611(b),
637, 638, 638a, 14101(b), 14701, 14704, or
14705 of this title, and any other board convened
by the Secretary concerned under any authority
to recommend persons for appointment, enlist-
ment, reenlistment, assignment, promotion, or
retention in the armed forces or for separation,
retirement, or transfer to inactive status in a re-
serve component for the purpose of reducing the
number of persons serving in the armed forces;
and
‘‘(B) does not include—
172
HR 4205 EAS
‘‘(i) a promotion board convened under
section 573(a), 611(a), or 14101(a) of this
title;
‘‘(ii) a special board;
‘‘(iii) a special selection board con-
vened under section 628 of this title; or
‘‘(iv) a board for the correction of mili-
tary records convened under section 1552 of
this title.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following:
‘‘1558. Exclusive remedies in cases involving selection boards .’’.
(b) SPECIAL SELECTION BOARDS.—Section 628 of
such title is amended—
(1) by redesignating subsection (g) as subsection
(j); and
(2) by inserting after subsection (f) the following:
‘‘(g) LIMITATIONS OF OTHER JURISDICTION.—No offi-
cial or court of the United States may—
‘‘(1) consider any claim based to any extent on
the failure of an officer or former officer of the armed
forces to be selected for promotion by a promotion
board until—
‘‘(A) the claim has been referred by the Sec-
retary concerned to a special selection board con-
vened under this section and acted upon by that
173
HR 4205 EAS
board and the report of the board has been ap-
proved by the President; or
‘‘(B) the claim has been rejected by the Sec-
retary concerned without consideration by a spe-
cial selection board; or
‘‘(2) grant any relief on such a claim unless the
officer or former officer has been selected for pro-
motion by a special selection board convened under
this section to consider the officer’s claim and the re-
port of the board has been approved by the President.
‘‘(h) JUDICIAL REVIEW.—(1) A court of the United
States may review a determination by the Secretary con-
cerned under subsection (a)(1) or (b)(1) not to convene a
special selection board. If a court finds the determination
to be arbitrary or capricious, not based on substantial evi-
dence, or otherwise contrary to law, it shall remand the case
to the Secretary concerned, who shall provide for consider-
ation of the officer or former officer by a special selection
board under this section.
‘‘(2) A court of the United States may review the ac-
tion of a special selection board convened under this section
on a claim of an officer or former officer and any action
taken by the President on the report of the board. If a court
finds that the action was contrary to law or involved a ma-
terial error of fact or a material administrative error, it
174
HR 4205 EAS
shall remand the case to the Secretary concerned, who shall
provide for reconsideration of the officer or former officer
by another special selection board.
‘‘(i) EXISTING JURISDICTION.—(1) Nothing in this
section limits the jurisdiction of any court of the United
States under any provision of law to determine the validity
of any statute, regulation, or policy relating to selection
boards, except that, in the event that any such statute, regu-
lation, or policy is held invalid, the remedies prescribed in
this section shall be the sole and exclusive remedies available
to any person challenging the recommendation of a selection
board on the basis of the invalidity.
‘‘(2) Nothing in this section limits authority to correct
a military record under section 1552 of this title.’’.
(c) EFFECTIVE DATE AND APPLICABILITY.—(1) The
amendments made by this section shall take effect on the
date of the enactment of this Act and, except as provided
in paragraph (2), shall apply with respect to any pro-
ceeding pending on or after that date without regard to
whether a challenge to an action of a selection board of any
of the Armed Forces being considered in such proceeding
was initiated before, on, or after that date.
(2) The amendments made by this section shall not
apply with respect to any action commenced in a court of
175
HR 4205 EAS
the United States before the date of the enactment of this
Act.
SEC. 507. EXTENSION TO ALL AIR FORCE BIOMEDICAL
SCIENCES OFFICERS OF AUTHORITY TO RE-
TAIN UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code,
is amended to read as follows:
‘‘(3) the Secretary of the Air Force may, with the
officer’s consent, retain in an active status any re-
serve officer who is designated as a medical officer,
dental officer, Air Force nurse, Medical Service Corps
officer, biomedical sciences officer, or chaplain.’’.
SEC. 508. TERMINATION OF APPLICATION REQUIREMENT
FOR CONSIDERATION OF OFFICERS FOR CON-
TINUATION ON THE RESERVE ACTIVE-STATUS
LIST.
Section 14701(a)(1) of title 10, United States Code,
is amended by striking ‘‘Upon application, a reserve offi-
cer’’ and inserting ‘‘A reserve officer’’.
SEC. 509. TECHNICAL CORRECTIONS RELATING TO RE-
TIRED GRADE OF RESERVE COMMISSIONED
OFFICERS.
(a) ARMY.—Section 3961(a) of title 10, United States
Code, is amended by striking ‘‘or for nonregular service
under chapter 1223 of this title’’.
176
HR 4205 EAS
(b) AIR FORCE.—Section 8961(a) of title 10, United
States Code, is amended by striking ‘‘or for nonregular serv-
ice under chapter 1223 of this title’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall apply to Reserve commissioned
officers who are promoted to a higher grade as a result of
selection for promotion by a board convened under chapter
36 or 1403 of title 10, United States Code, or having been
found qualified for Federal recognition in a higher grade
under chapter 3 of title 32, United States Code, after Octo-
ber 1, 1996.
SEC. 510. GRADE OF CHIEFS OF RESERVE COMPONENTS
AND DIRECTORS OF NATIONAL GUARD COM-
PONENTS.
(a) CHIEF OF ARMY RESERVE.—Section 3038(c) of
title 10, United States Code, is amended—
(1) by striking ‘‘major general’’ in the third sen-
tence and inserting ‘‘lieutenant general’’; and
(2) by striking the fourth sentence.
(b) CHIEF OF NAVAL RESERVE.—Section 5143(c)(2)
of such title is amended—
(1) by striking ‘‘rear admiral’’ in the first sen-
tence and inserting ‘‘vice admiral’’; and
(2) by striking the second sentence.
177
HR 4205 EAS
(c) CHIEF OF AIR FORCE RESERVE.—Section 8038(c)
of such title is amended—
(1) by striking ‘‘major general’’ in the third sen-
tence and inserting ‘‘lieutenant general’’; and
(2) by striking the fourth sentence.
(d) DIRECTORS IN THE NATIONAL GUARD BUREAU.—
Subparagraphs (A) and (B) of section 10506(a)(1) of such
title are each amended by striking ‘‘the grade of major gen-
eral or, if appointed to that position in accordance with
section 12505(a)(2) of this title,’’.
(e) COMMANDER, MARINE FORCES RESERVE.—(1)
Section 5144(c)(2) of such title is amended to read as fol-
lows:
‘‘(2)(A) The Commander, Marine Forces Reserve, while
so serving, has the grade of major general, without vacating
the officer’s permanent grade. An officer may, however, be
assigned to the position of Commander, Marine Forces Re-
serve, in the grade of lieutenant general if appointed to that
grade for service in that position by the President, by and
with the advice and consent of the Senate. An officer may
be recommended to the President for such an appointment
if selected for appointment to that position in accordance
with subparagraph (B).
178
HR 4205 EAS
‘‘(B) An officer shall be considered to have been selected
for appointment to the position of Commander, Marine
Forces Reserve, in accordance with this subparagraph if—
‘‘(i) the officer is recommended for that appoint-
ment by the Secretary of the Navy;
‘‘(ii) the officer is determined by the Chairman
of the Joint Chiefs of Staff, in accordance with cri-
teria and as a result of a process established by the
Chairman, to have significant joint duty experience;
and
‘‘(iii) the officer is recommended by the Sec-
retary of Defense to the President for the appoint-
ment.’’.
(2) Until October 1, 2002, the Secretary of Defense
may, on a case-by-case basis, waive clause (ii) of section
5144(c)(2)(B) of title 10, United States Code (as added by
paragraph (1)), with respect to the appointment of an offi-
cer to the position of Commander, Marine Forces Reserve,
if in the judgment of the Secretary—
(A) the officer is qualified for service in the posi-
tion; and
(B) the waiver is necessary for the good of the
service.
(f) REPEAL OF SUPERSEDED AUTHORITY.—(1) Sec-
tion 12505 of title 10, United States Code, is repealed.
179
HR 4205 EAS
(2) The table of sections at the beginning of chapter
1213 of such title is amended by striking the item relating
to section 12505.
(g) VICE CHIEF OF NATIONAL GUARD BUREAU.—(1)
The Secretary of Defense shall conduct a study of the advis-
ability of increasing the grade authorized for the Vice Chief
of the National Guard Bureau to Lieutenant General.
(2) As part of the study, the Chief of the National
Guard Bureau shall submit to the Secretary of Defense an
analysis of the functions and responsibilities of the Vice
Chief of the National Guard Bureau and the Chief’s rec-
ommendation as to whether the grade authorized for the
Vice Chief should be increased.
(3) Not later than February 1, 2001, the Secretary
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the study.
The report shall include the following—
(A) the recommendation of the Chief of the Na-
tional Guard Bureau and any other information pro-
vided by the Chief to the Secretary of Defense pursu-
ant to paragraph (2);
(B) the conclusions resulting from the study; and
(C) the Secretary’s recommendations regarding
whether the grade authorized for the Vice Chief of the
180
HR 4205 EAS
National Guard Bureau should be increased to Lieu-
tenant General.
(h) EFFECTIVE DATES.—Subsection (g) shall take ef-
fect on the date of the enactment of this Act. Except for
that subsection, this section and the amendments made by
this section shall take effect on the earlier of—
(1) the date that is 90 days after the date of the
enactment of this Act; or
(2) January 1, 2001.
SEC. 511. CONTINGENT EXEMPTION FROM LIMITATION ON
NUMBER OF AIR FORCE OFFICERS SERVING
ON ACTIVE DUTY IN GRADES ABOVE MAJOR
GENERAL.
Section 525(b) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(8) While an officer of the Army, Navy, or Marine
Corps is serving as Commander in Chief of the United
States Transportation Command, an officer of the Air
Force, while serving as Commander of the Air Mobility
Command, if serving in the grade of general, is in addition
to the number that would otherwise be permitted for the
Air Force for officers serving on active duty in grades above
major general under paragraph (1).
‘‘(9) While an officer of the Army, Navy, or Marine
Corps is serving as Commander in Chief of the United
181
HR 4205 EAS
States Space Command, an officer of the Air Force, while
serving as Commander of the Air Force Space Command,
if serving in the grade of general, is in addition to the num-
ber that would otherwise be permitted for the Air Force for
officers serving on active duty in grades above major gen-
eral under paragraph (1).’’.
Subtitle B—Joint Officer
Management
SEC. 521. JOINT SPECIALTY DESIGNATIONS AND ADDI-
TIONAL IDENTIFIERS.
Section 661 of title 10, United States Code, is amended
to read as follows:
‘‘§ 661. Management policies for joint specialty offi-
cers
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall
establish policies, procedures, and practices for the effective
management of officers of the Army, Navy, Air Force, and
Marine Corps on the active-duty list who are particularly
trained in, and oriented toward, joint matters (as defined
in section 668 of this title). Such officers shall be identified
or designated (in addition to their principal military occu-
pational specialty) in such manner as the Secretary of De-
fense directs. For purposes of this chapter, officers to be
managed by such policies, procedures, and practices are
182
HR 4205 EAS
those who have been designated under subsection (b) as joint
specialty officers.
‘‘(b) JOINT SPECIALTY OFFICER DESIGNATION.—(1)
The purpose for designation of officers as joint specialty of-
ficers is to provide a quickly identifiable group of officers
who have the joint service experience and education in joint
matters that are especially required for any particular or-
ganizational staff or joint task force operation.
‘‘(2) To qualify for the joint specialty designation, an
officer shall—
‘‘(A) have successfully completed—
‘‘(i) a program of education in residence at
a joint professional military education school ac-
credited as such by the Chairman of the Joint
Chiefs of Staff; and
‘‘(ii) a full tour of duty in a joint duty as-
signment; or
‘‘(B) have successfully completed two full tours of
duty in joint duty assignments.
‘‘(3) The requirements set forth in paragraph (2)(A)
may be satisfied in any sequence.
‘‘(4) The Secretary of Defense shall prescribe the stand-
ards for characterizing the completion of a requirement
under paragraph (2) as successful.
183
HR 4205 EAS
‘‘(5) An officer may not be designated as a joint spe-
cialty officer unless qualified under paragraph (2).
‘‘(c) ADDITIONAL IDENTIFIER.—An officer designated
as a joint specialty officer may be awarded an additional
joint specialty identifier as directed by the Secretary under
subsection (a).
‘‘(d) WAIVER AUTHORITY FOR AWARD OF ADDITIONAL
IDENTIFIER.—(1) The Secretary of Defense may waive the
applicability of a requirement for a qualification set forth
in subsection (b) for a designation of a particular officer
as a joint specialty officer upon the Secretary’s determina-
tion that, by reason of unusual circumstances applicable
in the officer’s case, the officer has one or more qualifica-
tions that are comparable to the qualification waived.
‘‘(2) The Secretary may grant a waiver for a general
or flag officer under paragraph (1) only upon the Sec-
retary’s determination that it is necessary to do so in order
to meet a critical need of the armed forces.
‘‘(3) The Secretary may delegate authority under this
subsection only to the Deputy Secretary of Defense or the
Chairman of the Joint Chiefs of Staff.
‘‘(4) The Secretary of the military department con-
cerned may request a waiver under this subsection. A re-
quest shall include a full justification for the requested
waiver on the basis of the criterion described in paragraph
184
HR 4205 EAS
(1) and, in the case of a general or flag officer, the addi-
tional criterion described in paragraph (2).
‘‘(e) GENERAL AND FLAG OFFICER POSITIONS.—(1)
The Secretary of Defense shall designate the joint duty as-
signments for general or flag officers that must be filled by
joint specialty officers.
‘‘(2) Only a joint specialty officer may be assigned to
a joint duty assignment designated under paragraph (1).
‘‘(3) The Secretary may waive the limitation in para-
graph (2) if the Secretary determines that it is necessary
to do so in the interest of national security.
‘‘(f) JOINT
PROFESSIONAL
MILITARY
EDUCATION
SCHOOLS.—The Chairman of the Joint Chiefs of Staff shall
accredit as joint professional military education schools for
the purposes of this chapter the schools that the Chairman
determines as being qualified for the accreditation. A school
may not be considered a joint professional military edu-
cation school for any such purpose unless the school is so
accredited.’’.
SEC. 522. PROMOTION OBJECTIVES.
(a) OBJECTIVES.—Section 662 of title 10, United
States Code, is amended to read as follows:
‘‘§ 662. Promotion policy objectives for joint officers
‘‘(a) QUALIFICATIONS.—The Secretary of Defense shall
ensure that the qualifications of officers assigned to joint
185
HR 4205 EAS
duty assignments and officers whose previous assignment
was a joint duty assignment are such that those officers are
expected, as a group, to be promoted to the next higher grade
at a rate not less than the rate for officers of the same armed
force in the same grade and competitive category who are
serving on the headquarters staff of that armed force.
‘‘(b) VALIDATION OF QUALIFICATIONS.—(1) The Sec-
retary of a military department shall validate the qualifica-
tions of officers under the jurisdiction of the Secretary for
eligibility for joint duty assignments.
‘‘(2) The Secretary shall ensure that, under the process
prescribed under paragraph (3), an adequate number of the
colonels or, in the case of the Navy, captains validated as
qualified for joint duty assignments satisfy the require-
ments under section 619a of this title for promotion to brig-
adier general or rear admiral (lower half), respectively.
‘‘(3) The Secretary shall prescribe the process for vali-
dating qualifications of officers under the jurisdiction of the
Secretary in accordance with this subsection.
‘‘(c) CONSIDERATION
OF JOINT SPECIALTY OFFI-
CERS.—(1) The Secretary of Defense shall prescribe policies
for ensuring that joint specialty officers eligible for consid-
eration for promotion are appropriately considered for pro-
motion.
‘‘(2) The policies shall require the following:
186
HR 4205 EAS
‘‘(A) That at least one member of a board con-
vened for the selection of officers for promotion to a
grade above major or, in the case of the Navy, lieuten-
ant commander is serving in a joint duty assignment
and has been approved by the Chairman of the Joint
Chiefs of Staff for appointment to membership on
that board.
‘‘(B) That the Chairman of the Joint Chiefs of
Staff has the opportunity to review the report of each
promotion selection board referred to in subparagraph
(A), and to submit comments on the report to the Sec-
retary of Defense and the Secretary of the military
department concerned, before the Secretary of that
military department takes action on the report.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 38 of title 10, United States Code,
is amended by striking the item relating to section 662 and
inserting the following:
‘‘662. Promotion policy objectives for joint officers.’’.
SEC. 523. EDUCATION.
(a) OFFICERS ELIGIBLE FOR WAIVER OF CAPSTONE
COURSE REQUIREMENT.—Subsection (a)(1)(C) of section
663 of title 10, United States Code, is amended by striking
‘‘scientific and technical qualifications’’ and inserting ‘‘ca-
reer field specialty qualifications’’.
187
HR 4205 EAS
(b) REPEAL OF REQUIREMENT FOR POST-EDUCATION
JOINT DUTY ASSIGNMENT.—Such section is further amend-
ed by striking subsection (d).
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENT.
(a) IN GENERAL.—Section 664 of title 10, United
States Code, is amended—
(1) by striking subsections (a) through (h);
(2) by redesignating subsection (i) as subsection
(f); and
(3) by inserting after the section heading the fol-
lowing:
‘‘(a) IN GENERAL.—The length of a joint duty assign-
ment at an installation or other place of duty shall be equiv-
alent to the standard length of the assignments (other than
joint duty assignments) of officers at that installation or
other place of duty.
‘‘(b) WAIVER AUTHORITY.—The Secretary of Defense
may waive the requirement in subsection (a) for the length
of a joint duty assignment in the case of any officer upon
a determination by the Secretary that the waiver is critical
in the case of that specific officer for meeting military per-
sonnel management requirements.
‘‘(c) CURTAILMENT OF ASSIGNMENT.—The Secretary
of Defense may, upon the request of the Secretary of the
military department concerned, authorize a curtailment of
188
HR 4205 EAS
a joint duty assignment of more than two years for an offi-
cer who has served in that assignment for at least two years.
‘‘(d) FULL TOUR OF DUTY.—Subject to subsection (e),
an officer shall be considered to have completed a full tour
of duty in a joint duty assignment upon the completion
of service performed in a grade not lower than major or,
in the case of the Navy, lieutenant commander, as follows:
‘‘(1) Service in a joint duty assignment that
meets the standard set forth in subsection (a).
‘‘(2) Service in a joint duty assignment under
the circumstances described in subsection (c).
‘‘(3) Cumulative service in one or more joint
task force headquarters that is substantially equiva-
lent to a standard length of assignment determined
under subsection (a).
‘‘(4) Service in a joint duty assignment with re-
spect to which the Secretary of Defense has granted
a waiver under subsection (b), but only in a case in
which the Secretary directs that the service completed
by the officer in that duty assignment be considered
to be a full tour of duty in a joint duty assignment.
‘‘(5) Service in a second joint duty assignment
that is less than the period required under subsection
(a), but is not less than two years, without regard to
189
HR 4205 EAS
whether a waiver was granted for such assignment
under subsection (b).’’.
(b) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK
FORCE ASSIGNMENTS.—Subsection (f) of such section, as
redesignated by subsection (a)(2), is amended—
(1) in paragraph (4)(B), by inserting before the
period at the end the following: ‘‘, except that cumu-
lative service of less than one year in more than one
such assignment in the headquarters of a joint task
force may not be credited’’;
(2) in paragraph (4)(E)—
(A) by striking ‘‘combat or combat-related’’;
and
(B) by inserting before the period at the end
the following: ‘‘, as approved by the Secretary of
Defense’’;
(3) in paragraph (5), by striking ‘‘any of the fol-
lowing provisions of this title:’’ and all that follows
and inserting ‘‘section 662 of this title or paragraph
(2), (4), or (7) of section 667(a) of this title.’’; and
(4) by striking paragraph (6).
SEC. 525. ANNUAL REPORT TO CONGRESS.
Section 667 of title 10, United States Code, is amended
by striking paragraph (1) and all that follows and inserting
the following:
190
HR 4205 EAS
‘‘(1) The number of joint specialty officers, re-
ported by grade and by branch or specialty.
‘‘(2) An assessment of the extent to which the
Secretary of each military department is assigning
personnel to joint duty assignments in accordance
with this chapter and the policies, procedures, and
practices established by the Secretary of Defense
under section 661(a) of this title.
‘‘(3) The number of waivers granted under sec-
tion 619a(b)(1) of this title for officers in the grade
of colonel or, in the case of the Navy, captain for each
of the years preceding the year in which the report is
submitted.
‘‘(4) The officers whose service in joint duty as-
signments during the year covered by the report ter-
minated before the officers completed the full tour of
duty in those assignments, expressed as a percent of
the total number of officers in joint duty assignments
during that year.
‘‘(5) The percentage of fill of student quotas for
each course of the National Defense University for the
year covered by the report.
‘‘(6) A list of the joint task force headquarters in
which service was approved for crediting as a joint
duty assignment for the year covered by the report.
191
HR 4205 EAS
‘‘(7) The following comparisons:
‘‘(A) A comparison of—
‘‘(i) the promotion rates for officers
who are officers serving in joint duty as-
signments or officers whose previous assign-
ment was a joint duty assignment and were
considered for promotion within the pro-
motion zone, with
‘‘(ii) the promotion rates for other offi-
cers in the same grade and the same com-
petitive category who are serving on the
headquarters staff of the armed force con-
cerned and were considered for promotion
within the promotion zone.
‘‘(B) A comparison of—
‘‘(i) the promotion rates for officers
who are officers serving in joint duty as-
signments or officers whose previous assign-
ment was a joint duty assignment and were
considered for promotion from above the
promotion zone, with
‘‘(ii) the promotion rates for other offi-
cers in the same grade and the same com-
petitive category who are serving on the
headquarters staff of the armed force con-
192
HR 4205 EAS
cerned and were considered for promotion
from above the promotion zone.
‘‘(C) A comparison of—
‘‘(i) the promotion rates for officers
who are officers serving in joint duty as-
signments or officers whose previous assign-
ment was a joint duty assignment and were
considered for promotion from below the
promotion zone, with
‘‘(ii) the promotion rates for other offi-
cers in the same grade and the same com-
petitive category who are serving on the
headquarters staff of the armed force con-
cerned and were considered for promotion
from below the promotion zone.
‘‘(8) If any of the comparisons in paragraph (7)
indicate that the promotion rates for officers referred
to in subparagraph (A)(i), (B)(i), or (C)(i) of such
paragraph fail to meet the objective set forth in sec-
tion 662(a) of this title, information on the failure
and on what action the Secretary has taken or plans
to take to prevent further failures.
‘‘(9) Any other information relating to joint offi-
cer management that the Secretary of Defense con-
siders significant.’’.
193
HR 4205 EAS
SEC. 526. MULTIPLE ASSIGNMENTS CONSIDERED AS SIN-
GLE JOINT DUTY ASSIGNMENT.
(a) DEFINITION OF JOINT DUTY ASSIGNMENT.—Sub-
section (b) of section 668 of title 10, United States Code,
is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) An assignment not qualifying as a joint duty as-
signment within the definition prescribed under paragraph
(1) shall be treated as a joint duty assignment for the pur-
poses of this subchapter if the assignment is considered
under subsection (c)(2) as part of a single tour of duty in
a joint duty assignment.’’.
(b) MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE
TOUR OF DUTY.—Subsection (c) of such section is amended
to read as follows:
‘‘(c) MULTIPLE ASSIGNMENTS CONSIDERED AS SIN-
GLE TOUR OF DUTY.—For purposes of this chapter, service
in more than one assignment shall be considered to be a
single tour of duty in a joint duty assignment, as follows:
‘‘(1) Continuous service in two or more consecu-
tive joint duty assignments, as defined under sub-
section (b)(1).
‘‘(2) Continuous service, in any order, in—
194
HR 4205 EAS
‘‘(A) at least one joint duty assignment, as
defined under subsection (b)(1); and
‘‘(B) one or more assignments not satisfying
the definition prescribed under subsection (b)(1)
but involving service that provides significant
experience in joint matters, as determined under
policies prescribed by the Secretary of Defense
under section 661(a) of this title.’’.
SEC. 527. JOINT DUTY REQUIREMENT FOR PROMOTION TO
ONE-STAR GRADES.
Section 619a of title 10, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘section 664(f)’’
and inserting ‘‘section 664(d); and
(2) in subsection (b)—
(A) in paragraph (2), by striking ‘‘scientific
and technical qualifications’’ and inserting ‘‘ca-
reer field specialty qualifications’’; and
(B) in paragraph (4), by striking ‘‘if—’’
and all that follows and inserting a period.
195
HR 4205 EAS
Subtitle C—Education and
Training
SEC. 541. ELIGIBILITY OF CHILDREN OF RESERVES FOR
PRESIDENTIAL APPOINTMENT TO SERVICE
ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section
4342(b)(1) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘, other
than those granted retired pay under section 12731 of
this title (or under section 1331 of this title as in ef-
fect before the effective date of the Reserve Officer Per-
sonnel Management Act)’’; and
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) are serving as members of reserve com-
ponents and are credited with at least eight
years of service computed under section 12733 of
this title; or
‘‘(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not having
attained 60 years of age;’’.
(b) UNITED
STATES
NAVAL
ACADEMY.—Section
6954(b)(1) of such title is amended—
196
HR 4205 EAS
(1) in subparagraph (B), by striking ‘‘, other
than those granted retired pay under section 12731 of
this title (or under section 1331 of this title as in ef-
fect before the effective date of the Reserve Officer Per-
sonnel Management Act)’’; and
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) are serving as members of reserve com-
ponents and are credited with at least eight
years of service computed under section 12733 of
this title; or
‘‘(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not having
attained 60 years of age;’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section
9342(b)(1) of such title is amended—
(1) in subparagraph (B), by striking ‘‘, other
than those granted retired pay under section 12731 of
this title (or under section 1331 of this title as in ef-
fect before the effective date of the Reserve Officer Per-
sonnel Management Act)’’; and
(2) by inserting after subparagraph (B) the fol-
lowing:
197
HR 4205 EAS
‘‘(C) are serving as members of reserve com-
ponents and are credited with at least eight
years of service computed under section 12733 of
this title; or
‘‘(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not having
attained 60 years of age;’’.
SEC. 542. SELECTION OF FOREIGN STUDENTS TO RECEIVE
INSTRUCTION AT SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section
4344(a) of title 10, United States Code, is amended by add-
ing at the end the following:
‘‘(3) In selecting persons to receive instruction under
this section from among applicants from the countries ap-
proved under paragraph (2), the Secretary shall give a pri-
ority to persons who have a national service obligation to
their countries upon graduation from the Academy.’’.
(b) UNITED
STATES
NAVAL
ACADEMY.—Section
6957(a) of such title is amended by adding at the end the
following:
‘‘(3) In selecting persons to receive instruction under
this section from among applicants from the countries ap-
proved under paragraph (2), the Secretary shall give a pri-
198
HR 4205 EAS
ority to persons who have a national service obligation to
their countries upon graduation from the Academy.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section
9344(a) of such title is amended by adding at the end the
following:
‘‘(3) In selecting persons to receive instruction under
this section from among applicants from the countries ap-
proved under paragraph (2), the Secretary shall give a pri-
ority to persons who have a national service obligation to
their countries upon graduation from the Academy.’’.
(d) EFFECTIVE DATE AND APPLICABILITY.—This sec-
tion and the amendments made by this section shall take
effect on October 1, 2000, and shall apply with respect to
academic years that begin after that date.
SEC. 543. REPEAL OF CONTINGENT FUNDING INCREASE
FOR JUNIOR RESERVE OFFICERS TRAINING
CORPS.
(a) REPEAL.—(1) Section 2033 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter
102 of such title is amended by striking the item relating
to section 2033.
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000.
199
HR 4205 EAS
SEC. 544. REVISION OF AUTHORITY FOR MARINE CORPS
PLATOON LEADERS CLASS TUITION ASSIST-
ANCE PROGRAM.
(a) ELIGIBILITY OF OFFICERS.—Section 16401 of title
10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘enlisted’’ in
the matter preceding paragraph (1); and
(2) in subsection (b)(1)—
(A) by striking ‘‘an enlisted member’’ in the
matter preceding subparagraph (A) and insert-
ing ‘‘a member’’; and
(B) by striking ‘‘an officer candidate in’’ in
subparagraph (A) and inserting ‘‘a member of’’.
(b) REPEAL OF AGE LIMITATIONS.—Subsection (b) of
such section is amended—
(1) in paragraph (1)—
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C), respec-
tively; and
(C) in subparagraph (C), as so redesig-
nated, by striking ‘‘paragraph (3)’’ and insert-
ing ‘‘paragraph (2)’’;
(2) by striking subparagraph (2);
(3) by redesignating paragraph (3) as para-
graph (2); and
200
HR 4205 EAS
(4) in paragraph (2), as so redesignated, by
striking ‘‘paragraph (1)(D)’’ and inserting ‘‘para-
graph (1)(C)’’.
(c) CANDIDATES
FOR LAW DEGREES.—Subsection
(a)(2) of such section is amended by striking ‘‘three’’ and
inserting ‘‘four’’.
(d) INAPPLICABILITY OF SANCTION TO OFFICERS.—
Subsection (f)(1) of such section is amended by striking ‘‘A
member’’ and inserting ‘‘An enlisted member’’.
(e) AMENDMENTS OF HEADINGS.—(1) The heading for
such section is amended to read as follows:
‘‘§ 16401. Marine Corps Platoon Leaders Class tuition
assistance program’’.
(2) The heading for subsection (a) of such section is
amended by striking ‘‘FOR FINANCIAL ASSISTANCE PRO-
GRAM’’.
(f) CLERICAL AMENDMENT.—The item relating to such
section in the table of chapters at the beginning of chapter
1611 of title 10, United States Code, is amended to read
as follows:
‘‘16401. Marine Corps Platoon Leaders Class tuition assistance program.’’.
Subtitle D—Matters Relating to
Recruiting
SEC. 551. ARMY RECRUITING PILOT PROGRAMS.
(a) REQUIREMENT FOR PROGRAMS.—The Secretary of
the Army shall carry out pilot programs to test various re-
201
HR 4205 EAS
cruiting approaches under this section for the following
purposes:
(1) To assess the effectiveness of the recruiting
approaches for creating enhanced opportunities for re-
cruiters to make direct, personal contact with poten-
tial recruits.
(2) To improve the overall effectiveness and effi-
ciency of Army recruiting activities.
(b) OUTREACH THROUGH MOTOR SPORTS.—(1) One
of the pilot programs shall be a pilot program of public
outreach that associates the Army with motor sports com-
petitions to achieve the objectives set forth in paragraph (2).
(2) The events and activities undertaken under the
pilot program shall be designed to provide opportunities for
Army recruiters to make direct, personal contact with high
school students to achieve the following objectives:
(A) To increase enlistments by students grad-
uating from high school.
(B) To reduce attrition in the Delayed Entry
Program of the Army by sustaining the personal com-
mitment of students who have elected delayed entry
into the Army under the program.
(3) Under the pilot program, the Secretary shall pro-
vide for the following:
202
HR 4205 EAS
(A) For Army recruiters or other Army
personnel—
(i) to organize Army sponsored career day
events in association with national motor sports
competitions; and
(ii) to arrange for or encourage attendance
at the competitions by high school students,
teachers, guidance counselors, and administra-
tors of high schools located near the competitions.
(B) For Army recruiters and other soldiers to at-
tend national motor sports competitions—
(i) to display exhibits depicting the contem-
porary Army and career opportunities in the
Army; and
(ii) to discuss those opportunities with po-
tential recruits.
(C) For the Army to sponsor a motor sports rac-
ing team as part of an integrated program of recruit-
ment and publicity for the Army.
(D) For the Army to sponsor motor sports com-
petitions for high school students at which recruiters
meet with potential recruits.
(E) For Army recruiters or other Army per-
sonnel to compile in an Internet accessible database
the names, addresses, telephone numbers, and elec-
203
HR 4205 EAS
tronic mail addresses of persons who are identified as
potential recruits through activities under the pilot
program.
(F) Any other activities associated with motor
sports competition that the Secretary determines ap-
propriate for Army recruitment purposes.
(c) OUTREACH AT VOCATIONAL SCHOOLS AND COMMU-
NITY COLLEGES.—(1) One of the pilot programs shall be
a pilot program under which Army recruiters are assigned
at postsecondary vocational institutions and community
colleges for the purpose of recruiting students graduating
from those institutions and colleges, recent graduates of
those institutions and colleges, and students withdrawing
from enrollments in those institutions and colleges.
(2) The Secretary shall select the institutions and col-
leges to be invited to participate in the pilot program.
(3) The conduct of the pilot program at an institution
or college shall be subject to an agreement which the Sec-
retary shall enter into with the governing body or author-
ized official of the institution or college, as the case may
be.
(4) Under the pilot program, the Secretary shall pro-
vide for the following:
(A) For Army recruiters to be placed in postsec-
ondary vocational institutions and community col-
204
HR 4205 EAS
leges to serve as a resource for guidance counselors
and to recruit for the Army.
(B) For Army recruiters to recruit from among
students and graduates described in paragraph (1).
(C) For the use of telemarketing, direct mail,
interactive voice response systems, and Internet
website capabilities to assist the recruiters in the post-
secondary vocational institutions and community col-
leges.
(D) For any other activities that the Secretary
determines appropriate for recruitment activities in
postsecondary vocational institutions and community
colleges.
(5) In this subsection, the term ‘‘postsecondary voca-
tional institution’’ has the meaning given the term in sec-
tion 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(c)).
(d) CONTRACT RECRUITING INITIATIVES.—(1) One of
the pilot programs shall be a program that expands in ac-
cordance with this subsection the scope of the Army’s con-
tract recruiting initiatives that are ongoing as of the date
of the enactment of this Act. Under the pilot program, the
Secretary shall select at least five recruiting battalions to
apply the initiatives in efforts to recruit personnel for the
Army.
205
HR 4205 EAS
(2) Under the pilot program, the Secretary shall pro-
vide for the following:
(A) For replacement of the Regular Army re-
cruiters by contract recruiters in the five recruiting
battalions selected under paragraph (1).
(B) For operation of the five battalions under the
same rules and chain of command as the other Army
recruiting battalions.
(C) For use of the offices, facilities, and equip-
ment of the five battalions by the contract recruiters.
(D) For reversion to performance of the recruit-
ing activities by Regular Army soldiers in the five
battalions upon termination of the pilot program.
(E) For any other uses of contractor personnel
for Army recruiting activities that the Secretary de-
termines appropriate.
(e) DURATION OF PILOT PROGRAMS.—The pilot pro-
grams required by this section shall be carried out during
the period beginning on October 1, 2000, and, subject to
subsection (f), ending on December 31, 2005.
(f) AUTHORITY TO EXPAND OR EXTEND PILOT PRO-
GRAMS.—The Secretary may expand the scope of any of the
pilot programs (under subsection (b)(3)(F), (c)(4)(D),
(d)(2)(E), or otherwise) or extend the period for any of the
pilot programs. Before doing so in the case of a pilot pro-
206
HR 4205 EAS
gram, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a written notification of the expansion of the pilot pro-
gram (together with the scope of the expansion) or the con-
tinuation of the pilot program (together with the period of
the extension), as the case may be.
(g) RELATIONSHIP TO OTHER LAW.—The Secretary
may exercise the authority to carry out a pilot program
under this section without regard to any other provision
of law that, except for this subsection, would otherwise re-
strict the actions taken by the Secretary under that author-
ity.
(h) REPORTS.—Not later than February 1, 2006, the
Secretary of the Army shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a separate report on each of the pilot programs carried
out under this section. The report on a pilot program shall
include the following:
(1) The Secretary’s assessment of the value of the
actions taken in the administration of the pilot pro-
gram for increasing the effectiveness and efficiency of
Army recruiting.
(2) Any recommendations for legislation or other
action that the Secretary considers appropriate to in-
207
HR 4205 EAS
crease the effectiveness and efficiency of Army recruit-
ing.
SEC. 552. ENHANCEMENT OF THE JOINT AND SERVICE RE-
CRUITMENT MARKET RESEARCH AND ADVER-
TISING PROGRAMS.
The Secretary of Defense shall take appropriate actions
to enhance the effectiveness of the Joint and Service Recruit-
ing and Advertising Programs through an aggressive pro-
gram of advertising and market research targeted to pro-
spective recruits for the Armed Forces and to persons who
influence prospective recruits. Chapter 35 of title 44, United
States Code, shall not apply to actions taken under this
section.
SEC. 553. ACCESS TO SECONDARY SCHOOLS FOR MILITARY
RECRUITING PURPOSES.
(a) REQUIREMENT FOR ACCESS.—Section 503(c) of
title 10, United States Code, is amended to read as follows:
‘‘(c) ACCESS
TO SECONDARY SCHOOLS.—(1) Each
local educational agency shall provide to the Department
of Defense, upon a request made for military recruiting
purposes, the same access to secondary school students, and
to directory information concerning such students, as is
provided generally to post-secondary educational institu-
tions or to prospective employers of those students, except
as provided in paragraph (5).
208
HR 4205 EAS
‘‘(2) If a local educational agency denies a request for
recruiting access that must be granted under paragraph (1),
the Secretary of the military department for which the re-
quest is made shall designate a general or flag officer of
the armed force concerned or a senior executive of that mili-
tary department to visit the local educational agency for
the purpose of arranging for recruiting access. The des-
ignated officer or senior executive shall make the visit with-
in 120 days after the date of the denial of the request.
‘‘(3) Upon a determination by the Secretary of Defense
that, after the actions under paragraph (2) have been taken
with respect to a local educational agency, the agency con-
tinues to deny recruiting access, the Secretary shall trans-
mit to the Chief Executive of the State in which the local
educational agency is located a notification of the denial
of access and a request for assistance in obtaining the re-
quested access. The notification shall be transmitted within
60 days after the date of the determination. The Secretary
shall provide copies of communications between the Sec-
retary and a Chief Executive under this subparagraph to
the Secretary of Education.
‘‘(4) If a local educational agency continues to deny
recruiting access one year after the date of the transmittal
of a notification regarding that agency under paragraph
(3), the Secretary shall—
209
HR 4205 EAS
‘‘(A) determine whether the agency denies re-
cruiting access to at least two of the armed forces
(other than the Coast Guard when it is not operating
as a service in the Navy); and
‘‘(B) upon making an affirmative determination
under subparagraph (A), transmit a notification of
the denial of recruiting access to—
‘‘(i) the Committees on Armed Services of
the Senate and the House of Representatives;
‘‘(ii) the Senators of the State in which the
local educational agency operates; and
‘‘(iii) the member of the House of Represent-
atives who represents the district in which the
local educational agency operates.
‘‘(5) The requirements of this subsection do not apply
to a local educational agency with respect to access to sec-
ondary school students or access to directory information
concerning such students during any period that there is
in effect a policy of the agency, established by majority vote
of the governing body of the agency, to deny access to the
students or to the directory information, respectively, for
military recruiting purposes.
‘‘(6) In this subsection:
‘‘(A) The term ‘local educational agency’ in-
cludes a private secondary educational institution.
210
HR 4205 EAS
‘‘(B) The term ‘recruiting access’ means access
requested as described in paragraph (1).
‘‘(C) The term ‘senior executive’ has the meaning
given that term in section 3132(a)(3) of title 5.
‘‘(D) The term ‘State’ includes the District of
Columbia, American Samoa, the Federated States of
Micronesia, Guam, the Republic of the Marshall Is-
lands, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, the Re-
public of Palau, and the United States Virgin Is-
lands.’’.
(b) TECHNICAL AMENDMENTS.—Section 503 of title
10, United States Code, is amended—
(1) in subsection (a), by inserting ‘‘RECRUITING
CAMPAIGNS.—’’ after ‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘COMPILATION
OF DIRECTORY INFORMATION.—’’ after ‘‘(b)’’; and
(3) in subsection (c), by inserting ‘‘ACCESS TO
SECONDARY SCHOOLS.—’’ after ‘‘(c)’’.
(c) EFFECTIVE DATES.—(1) The amendment made by
subsection (a) shall take effect on July 1, 2002.
(2) The amendments made by subsection (b) shall take
effect on the date of the enactment of this Act.
211
HR 4205 EAS
Subtitle E—Military Voting Rights
Act of 2000
SEC. 561. SHORT TITLE.
This subtitle may be cited as the ‘‘Military Voting
Rights Act of 2000’’.
SEC. 562. GUARANTEE OF RESIDENCY.
Article VII of the Soldiers’ and Sailors’ Civil Relief
Act of 1940 (50 U.S.C. 700 et seq.) is amended by adding
at the end the following:
‘‘SEC. 704. (a) For purposes of voting for an office of
the United States or of a State, a person who is absent from
a State in compliance with military or naval orders shall
not, solely by reason of that absence—
‘‘(1) be deemed to have lost a residence or domi-
cile in that State;
‘‘(2) be deemed to have acquired a residence or
domicile in any other State; or
‘‘(3) be deemed to have become resident in or a
resident of any other State.
‘‘(b) In this section, the term ‘State’ includes a terri-
tory or possession of the United States, a political subdivi-
sion of a State, territory, or possession, and the District
of Columbia.’’.
212
HR 4205 EAS
SEC. 563. STATE RESPONSIBILITY TO GUARANTEE MILI-
TARY VOTING RIGHTS.
(a) REGISTRATION AND BALLOTING.—Section 102 of
the Uniformed and Overseas Absentee Voting Act (42 U.S.C.
1973ff–1) is amended—
(1) by inserting ‘‘(a) ELECTIONS FOR FEDERAL
OFFICES.—’’ before ‘‘Each State shall—’’; and
(2) by adding at the end the following:
‘‘(b) ELECTIONS FOR STATE AND LOCAL OFFICES.—
Each State shall—
‘‘(1) permit absent uniformed services voters to
use absentee registration procedures and to vote by
absentee ballot in general, special, primary, and run-
off elections for State and local offices; and
‘‘(2) accept and process, with respect to any elec-
tion described in paragraph (1), any otherwise valid
voter registration application from an absent uni-
formed services voter if the application is received by
the appropriate State election official not less than 30
days before the election.’’.
(b) CONFORMING AMENDMENT.—The heading for title
I of such Act is amended by striking out ‘‘FOR FED-
ERAL OFFICE’’.
213
HR 4205 EAS
Subtitle F—Other Matters
SEC. 571. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO
CERTAIN SPECIFIED PERSONS.
(a) INAPPLICABILITY
OF TIME LIMITATIONS.—Not-
withstanding the time limitations in section 3744(b) of title
10, United States Code, or any other time limitation, the
President may award the Medal of Honor under section
3741 of such title to the persons specified in subsection (b)
for the acts specified in that subsection, the award of the
Medal of Honor to such persons having been determined by
the Secretary of the Army to be warranted in accordance
with section 1130 of such title.
(b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF
HONOR.—The persons referred to in subsection (a) are the
following:
(1) Ed W. Freeman, for conspicuous acts of gal-
lantry and intrepidity at the risk of his life and be-
yond the call of duty on November 14, 1965, as flight
leader and second-in-command of a helicopter lift
unit at landing zone X–Ray in the Battle of the Ia
Drang Valley, Republic of Vietnam, during the Viet-
nam War, while serving in the grade of Captain in
Alpha Company, 229th Assault Helicopter Battalion,
101st Cavalry Division (Airmobile).
214
HR 4205 EAS
(2) James K. Okubo, for conspicuous acts of gal-
lantry and intrepidity at the risk of his life and be-
yond the call of duty on October 28 and 29, and No-
vember 4, 1944, at Foret Domaniale de Champ, near
Biffontaine, France, during World War II, while serv-
ing as an Army medic in the grade of Technician
Fifth Grade in the medical detachment, 442d Regi-
mental Combat Team.
(3) Andrew J. Smith, for conspicuous acts of
gallantry and intrepidity at the risk of his life and
beyond the call of duty on November 30, 1864, in the
Battle of Honey Hill, South Carolina, during the
Civil War, while serving as a corporal in the 55th
Massachusetts Voluntary Infantry Regiment.
(c) POSTHUMOUS AWARD.—The Medal of Honor may
be awarded under this section posthumously, as provided
in section 3752 of title 10, United States Code.
(d) PRIOR AWARD.—The Medal of Honor may be
awarded under this section for service for which a Silver
Star, or other award, has been awarded.
SEC. 572. WAIVER OF TIME LIMITATIONS FOR AWARD OF
CERTAIN DECORATIONS TO CERTAIN PER-
SONS.
(a) WAIVER.—Any limitation established by law or
policy for the time within which a recommendation for the
215
HR 4205 EAS
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) SILVER STAR.—Subsection (a) applies to the
award of the Silver Star to Louis Rickler, of Rochester, New
York, for gallantry in action from August 18 to November
18, 1918, while serving as a member of the Army.
(c) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to the award of the Distinguished Flying Cross for
service during World War II or Korea (including 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,
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.
216
HR 4205 EAS
SEC. 573. INELIGIBILITY FOR INVOLUNTARY SEPARATION
PAY UPON DECLINATION OF SELECTION FOR
CONTINUATION ON ACTIVE DUTY.
(a) INELIGIBILITY.—Section 1174(a)(1) of title 10,
United States Code, is amended—
(1) by inserting ‘‘, 637(a)(4),’’ after ‘‘section
630(1)(A)’’; and
(2) 
by 
inserting 
‘‘(except 
under 
section
580(e)(2))’’ after ‘‘section 580’’.
(b) EFFECTIVE
DATE
AND
APPLICABILITY.—The
amendments made by subsection (a) shall take effect on Oc-
tober 1, 2000, and shall apply with respect to discharges
and retirements from active duty that take effect under sec-
tion 580(e)(2) or 637(a)(4) of title 10, United States Code,
on or after that date.
SEC. 574. RECOGNITION BY STATES OF MILITARY TESTA-
MENTARY INSTRUMENTS.
(a) IN GENERAL.—Chapter 53 of title 10, United
States Code, is amended by inserting after section 1044c
the following new section:
‘‘§ 1044d. Military testamentary instruments: require-
ment for recognition by States
‘‘(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN
LEGAL EFFECT.—A military testamentary instrument—
‘‘(1) is exempt from any requirement of form,
formality, or recording before probate that is provided
217
HR 4205 EAS
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
personally, the instrument is executed in the presence
of, by the direction of, and on behalf of the testator);
218
HR 4205 EAS
‘‘(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.
219
HR 4205 EAS
‘‘(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
220
HR 4205 EAS
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:
221
HR 4205 EAS
‘‘1044d. Military testamentary instruments: requirement for recognition by
States.’’.
SEC. 575. SENSE OF CONGRESS ON THE COURT-MARTIAL
CONVICTION OF CAPTAIN CHARLES BUTLER
McVAY, COMMANDER OF THE U.S.S. INDIANAP-
OLIS, AND ON THE COURAGEOUS SERVICE OF
ITS CREW.
(a) FINDINGS.—Congress makes the following findings:
(1) Shortly after midnight on the morning of
July 30, 1945, the United States Navy heavy cruiser
U.S.S. Indianapolis (CA–35) was torpedoed and sunk
by the Japanese submarine I–58 in what became the
worst sea disaster in the history of the United States
Navy.
(2) Although approximately 900 of the ship’s
crew of 1,196 survived the actual sinking, only 316 of
those courageous sailors survived when rescued after
four and a half days adrift in the open sea.
(3) Nearly 600 of the approximately 900 men
who survived the sinking perished from battle wounds,
drowning, predatory shark attacks, exposure to the
elements, and lack of food and potable water.
(4) Rescue came for the remaining 316 sailors
when they were spotted by chance by Navy Lieutenant
Wilbur C. Gwinn while flying a routine naval air pa-
trol mission.
222
HR 4205 EAS
(5) After the end of World War II, the com-
manding officer of the U.S.S. Indianapolis, Captain
Charles Butler McVay, who was rescued with the
other survivors, was court-martialed for ‘‘suffering a
vessel to be hazarded through negligence’’ by failing to
zigzag (a naval tactic employed to help evade sub-
marine attacks), and was convicted even though—
(A) the choice to zigzag was left to Captain
McVay’s discretion in his orders; and
(B) Motchisura Hashimoto, the commander
of the Japanese submarine that sank the U.S.S.
Indianapolis, and Glynn R. Donaho, a United
States Navy submarine commander highly deco-
rated for his service during World War II, both
testified at Captain McVay’s court-martial trial
that the Japanese submarine could have sunk the
U.S.S. Indianapolis whether or not it had been
zigzagging, an assertion that the Japanese sub-
marine commander has since reaffirmed in a let-
ter to the Chairman of the Committee on Armed
Services of the Senate.
(6) Although not argued by Captain McVay’s de-
fense counsel in the court-martial trial, poor visibility
on the night of the sinking (as attested in surviving
crew members’ handwritten accounts recently discov-
223
HR 4205 EAS
ered at the National Archives) justified Captain
McVay’s choice not to zigzag as that choice was con-
sistent with the applicable Navy directives in force in
1945, which stated that, ‘‘During thick weather and
at night, except on very clear nights or during bright
moonlight, vessels normally cease zig-zagging.’’.
(7) Naval officials failed to provide Captain
McVay with available support that was critical to the
safety of the U.S.S. Indianapolis and its crew on
what became its final mission by—
(A) disapproving a request made by Cap-
tain McVay for a destroyer escort for the U.S.S.
Indianapolis across the Philippine Sea as being
‘‘not necessary’’;
(B) not informing Captain McVay that
naval intelligence sources, through signal intel-
ligence (the Japanese code having been broken
earlier in World War II), had become aware that
the Japanese submarine I–58 was operating in
the area of the U.S.S. Indianapolis’ course (as
disclosed in evidence presented in a hearing of
the Committee on Armed Services of the Senate);
and
(C) not informing Captain McVay of the
sinking of the destroyer escort U.S.S. Underhill
224
HR 4205 EAS
by a Japanese submarine within range of the
course of the U.S.S. Indianapolis four days be-
fore the U.S.S. Indianapolis departed Guam on
its fatal voyage.
(8) Captain McVay’s court-martial initially was
opposed by his immediate command superiors, Fleet
Admiral Chester Nimitz (CINCPAC) and Vice Admi-
ral Raymond Spruance of the 5th fleet, for which the
U.S.S. Indianapolis served as flagship, but, despite
their recommendations, Secretary of the Navy James
Forrestal ordered the court-martial, largely on the
basis of the recommendation of Admiral King, Chief
of Naval Operations.
(9) There is no explanation on the public record
for Secretary Forestal’s overruling of the rec-
ommendations made by Admirals Nimitz and
Spruance.
(10) Captain McVay was the only commander of
a United States Navy vessel lost in combat to enemy
action during World War II who was subjected to a
court-martial trial for such a loss, even though several
hundred United States Navy ships were lost in com-
bat to enemy action during World War II.
(11) The survivors of the U.S.S. Indianapolis
overwhelmingly conclude that McVay was not at fault
225
HR 4205 EAS
and have dedicated their lives to vindicating their
Captain, Charles McVay, but time is running out for
the 130 remaining members of the crew in their
united and steadfast quest to clear their Captain’s
name.
(12) Although Captain McVay was promoted to
Rear Admiral upon retirement from the Navy, he
never recovered from the stigma of his post-war court-
martial and in 1968, tragically, took his own life.
(13) Captain McVay was a graduate of the
United States Naval Academy, was an exemplary ca-
reer naval officer with an outstanding record (includ-
ing participation in the amphibious invasions of
North Africa, the assault on Iwo Jima, and the as-
sault on Okinawa where he survived a fierce kamikaze
attack), was a recipient of the Silver Star earned for
courage under fire during the Solomon Islands cam-
paign, and, with his crew, had so thoroughly dem-
onstrated proficiency in naval warfare that the Navy
entrusted Captain McVay and the crew with trans-
porting, on their fatal cruise, the components nec-
essary for assembling the atomic bombs that were ex-
ploded over Hiroshima and Nagasaki to end the war
with Japan.
226
HR 4205 EAS
(b) SENSE OF CONGRESS.—(1) It is the sense of Con-
gress, on the basis of the facts presented in a public hearing
conducted by the Committee on Armed Services of the Sen-
ate on September 14, 1999, including evidence not available
at the time of Captain Charles Butler McVay’s court-mar-
tial, and on the basis of extensive interviews and ques-
tioning of witnesses and knowledgeable officials and a re-
view of the record of the court-martial for and in that hear-
ing, that—
(A) recognizing that the Secretary of the Navy
remitted the sentence of the court-martial and that
Admiral Nimitz, as Chief of Naval Operations, re-
stored Captain McVay to active duty, the American
people should now recognize Captain McVay’s lack of
culpability for the tragic loss of the U.S.S. Indianap-
olis and the lives of the men who died as a result of
her sinking; and
(B) knowing that vital information was not
available to the court-martial board and that, as a re-
sult, Captain McVay was convicted, Captain McVay’s
military record should now reflect that he is exoner-
ated for the loss of the ship and its crew.
(2) It is, further, the sense of Congress that Congress
strongly encourages the Secretary of the Navy to award a
227
HR 4205 EAS
Navy Unit Commendation to the U.S.S. Indianapolis and
its final crew.
SEC. 576. SENIOR OFFICERS IN COMMAND IN HAWAII ON
DECEMBER 7, 1941.
(a) FINDINGS.—Congress makes the following findings:
(1) Rear Admiral Husband E. Kimmel, formerly
the Commander in Chief of the United States Fleet
and the Commander in Chief, United States Pacific
Fleet, had an excellent and unassailable record
throughout his career in the United States Navy prior
to the December 7, 1941, attack on Pearl Harbor.
(2) Major General Walter C. Short, formerly the
Commander of the United States Army Hawaiian
Department, had an excellent and unassailable record
throughout his career in the United States Army
prior to the December 7, 1941, attack on Pearl Har-
bor.
(3) Numerous investigations following the attack
on Pearl Harbor have documented that Admiral Kim-
mel and Lieutenant General Short were not provided
necessary and critical intelligence that was available,
that foretold of war with Japan, that warned of im-
minent attack, and that would have alerted them to
prepare for the attack, including such essential com-
muniques as the Japanese Pearl Harbor Bomb Plot
228
HR 4205 EAS
message of September 24, 1941, and the message sent
from the Imperial Japanese Foreign Ministry to the
Japanese Ambassador in the United States from De-
cember 6 to 7, 1941, known as the Fourteen-Part Mes-
sage.
(4) On December 16, 1941, Admiral Kimmel and
Lieutenant General Short were relieved of their com-
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 In-
quiry exonerated Admiral Kimmel on the grounds
that his military decisions and the disposition of his
forces at the time of the December 7, 1941, attack on
Pearl Harbor were proper ‘‘by virtue of the informa-
tion that Admiral Kimmel had at hand which indi-
cated neither the probability nor the imminence of an
229
HR 4205 EAS
air attack on Pearl Harbor’’; criticized the higher
command for not sharing with Admiral Kimmel
‘‘during the very critical period of November 26 to
December 7, 1941, important information . . . re-
garding the Japanese situation’’; and, 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 Lieutenant
General Short had not been kept ‘‘fully advised of the
growing tenseness of the Japanese situation which in-
dicated an increasing necessity for better preparation
for war’’; detailed information and intelligence about
Japanese intentions and war plans were available in
‘‘abundance’’ but were not shared with the General
Short’s Hawaii command; and General Short was not
provided ‘‘on the evening of December 6th and the
230
HR 4205 EAS
early morning of December 7th, the critical informa-
tion indicating an almost immediate break with
Japan, though there was ample time to have accom-
plished this’’.
(9) The reports by both the Naval Court of In-
quiry and the Army Pearl Harbor Board of Inves-
tigation were kept secret, and Rear Admiral Kimmel
and Major General Short were denied their requests
to defend themselves through trial by court-martial.
(10) The joint committee of Congress that was 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 then Chief of Naval Personnel, Admiral
J. L. Holloway, Jr., on April 27, 1954, recommended
that Admiral Kimmel be advanced in rank in accord-
ance with the provisions of the Officer Personnel Act
of 1947.
(12) On November 13, 1991, a majority of the
members of the Board for the Correction of Military
Records of the Department of the Army found that
Lieutenant General Short ‘‘was unjustly held respon-
sible for the Pearl Harbor disaster’’ and that ‘‘it
231
HR 4205 EAS
would be equitable and just’’ to advance him to the
rank of lieutenant general on the retired list.
(13) In October 1994, the then Chief of Naval
Operations, Admiral Carlisle Trost, withdrew his
1988 recommendation against the advancement of Ad-
miral Kimmel and recommended that the case of Ad-
miral Kimmel be reopened.
(14) Although the Dorn Report, a report on the
results of a Department of Defense study that was
issued on December 15, 1995, did not provide support
for an advancement of Rear Admiral Kimmel or
Major General Short in grade, it did set forth as a
conclusion of the study that ‘‘responsibility for the
Pearl Harbor disaster should not fall solely on the
shoulders of Admiral Kimmel and Lieutenant General
Short, it should be broadly shared’’.
(15) The Dorn Report found that ‘‘Army and
Navy officials in Washington were privy to inter-
cepted Japanese diplomatic communications . . .
which provided crucial confirmation of the immi-
nence of war’’; that ‘‘the evidence of the handling of
these messages in Washington reveals some ineptitude,
some unwarranted assumptions and misestimations,
limited coordination, ambiguous language, and lack
of clarification and followup at higher levels’’; and,
232
HR 4205 EAS
that ‘‘together, these characteristics resulted in failure
. . . to appreciate fully and to convey to the com-
manders in Hawaii the sense of focus and urgency
that these intercepts should have engendered’’.
(16) On July 21, 1997, Vice Admiral David C.
Richardson (United States Navy, retired) responded
to the Dorn Report with his own study which con-
firmed findings of the Naval Court of Inquiry and the
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
Admiral Kimmel and Lieutenant General Short.
(17) 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-
tired list with the highest grade held while on the ac-
tive duty list.
233
HR 4205 EAS
(18) Rear Admiral Kimmel and Major General
Short are the only two eligible officers from World
War II who were excluded from the list of retired offi-
cers presented for advancement on the retired lists to
their highest wartime ranks under the terms of the Of-
ficer Personnel Act of 1947.
(19) This singular exclusion from advancement
on the retired list serves only to perpetuate the myth
that the senior commanders in Hawaii were derelict
in their duty and responsible for the success of the at-
tack on Pearl Harbor, a distinct and unacceptable ex-
pression of dishonor toward two of the finest officers
who have served in the Armed Forces of the United
States.
(20) Major General Walter Short died on Sep-
tember 23, 1949, and Rear Admiral Husband Kim-
mel died on May 14, 1968, without the honor of hav-
ing been 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, and the Pearl Har-
bor Commemorative Committee, and other associa-
tions and numerous retired military officers have
234
HR 4205 EAS
called for the rehabilitation of the reputations and
honor of Admiral Kimmel and Lieutenant General
Short through their posthumous advancement on the
retired lists to their highest wartime grades.
(b) ADVANCEMENT OF REAR ADMIRAL KIMMEL AND
MAJOR GENERAL SHORT ON RETIRED LISTS.—(1) The
President is requested—
(A) to advance the late Rear Admiral Husband
E. Kimmel to the grade of admiral on the retired list
of the Navy; and
(B) to advance the late Major General Walter C.
Short to the grade of lieutenant general on the retired
list of the Army.
(2) Any advancement in grade on a retired list re-
quested under paragraph (1) shall not increase or change
the compensation or benefits from the United States to
which any person is now or may in the future be entitled
based upon the military service of the officer advanced.
(c) SENSE OF CONGRESS REGARDING THE PROFES-
SIONAL PERFORMANCE OF ADMIRAL KIMMEL AND LIEU-
TENANT GENERAL SHORT.—It is the sense of Congress
that—
(1) the late Rear Admiral Husband E. Kimmel
performed his duties as Commander in Chief, United
States Pacific Fleet, competently and professionally,
235
HR 4205 EAS
and, therefore, the losses incurred by the United
States in the attacks on the naval base at Pearl Har-
bor, Hawaii, and other targets on the island of Oahu,
Hawaii, on December 7, 1941, were not a result of
dereliction in the performance of those duties by the
then Admiral Kimmel; and
(2) the late Major General Walter C. Short per-
formed his duties as Commanding General, Hawaiian
Department, competently and professionally, and,
therefore, the losses incurred by the United States in
the attacks on Hickam Army Air Field and Schofield
Barracks, Hawaii, and other targets on the island of
Oahu, Hawaii, on December 7, 1941, were not a re-
sult of dereliction in the performance of those duties
by the then Lieutenant General Short.
SEC. 577. VERBATIM RECORDS IN SPECIAL COURTS-MAR-
TIAL.
(a) WHEN REQUIRED.—Subsection (c)(1)(B) of section
854 of title 10, United States Code (article 54 of the Uni-
form Code of Military Justice), is amended by inserting
after ‘‘bad-conduct discharge’’ the following: ‘‘, confinement
for more than six months, or forfeiture of pay for more than
six months’’.
(b) RETROACTIVE EFFECTIVE DATE.—The amendment
made by subsection (a) shall take effect as of April 1, 2000,
236
HR 4205 EAS
and shall apply with respect to charges referred on or after
that date to trial by special courts-martial.
SEC. 578. MANAGEMENT AND PER DIEM REQUIREMENTS
FOR MEMBERS SUBJECT TO LENGTHY OR NU-
MEROUS DEPLOYMENTS.
(a) MANAGEMENT OF DEPLOYMENTS OF MEMBERS.—
Section 586(a) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 637)
is amended in the text of section 991 of title 10, United
States Code, set forth in such section 586(a)—
(1) in subsection (a), by striking ‘‘an officer in
the grade of general or admiral’’ in the second sen-
tence and inserting ‘‘the designated component com-
mander for the member’s armed force’’; and
(2) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘or
homeport, as the case may’’ before the period at
the end;
(B) by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) In the case of a member of a reserve component
performing active service, the member shall be considered
deployed or in a deployment for the purposes of paragraph
237
HR 4205 EAS
(1) on any day on which, pursuant to orders that do not
establish a permanent change of station, the member is per-
forming the active service at a location that—
‘‘(A) is not the member’s permanent training
site; and
‘‘(B) is—
‘‘(i) at least 100 miles from the member’s
permanent residence; or
‘‘(ii) a lesser distance from the member’s
permanent 
residence 
that, 
under 
the 
cir-
cumstances applicable to the member’s travel, is
a distance that requires at least three hours of
travel to traverse.’’; and
(D) in paragraph (3), as redesignated by
subparagraph (B) of this paragraph—
(i) by striking ‘‘or’’ at the end of sub-
paragraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ‘‘; or’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(C) unavailable solely because of—
‘‘(i) a hospitalization of the member at the
member’s permanent duty station or homeport or
238
HR 4205 EAS
in the immediate vicinity of the member’s per-
manent residence; or
‘‘(ii) a disciplinary action taken against the
member.’’.
(b) ASSOCIATED PER DIEM ALLOWANCE.—Section
586(b) of that Act (113 Stat. 638) is amended in the text
of section 435 of title 37, United States Code, set forth in
such section 586(b)—
(1) in subsection (a), by striking ‘‘251 days or
more out of the preceding 365 days’’ and inserting
‘‘501 or more days out of the preceding 730 days’’;
and
(2) in subsection (b), by striking ‘‘prescribed
under paragraph (3)’’ and inserting ‘‘prescribed
under paragraph (4)’’.
(c) REVIEW OF MANAGEMENT OF DEPLOYMENTS OF
INDIVIDUAL MEMBERS.— Not later than March 31, 2002,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a report on the administration of section 991 of title
10, United States Code (as added by section 586(a) of the
National Defense Authorization Act for Fiscal Year 2000),
during the first year that such section 991 is in effect. The
report shall include—
239
HR 4205 EAS
(1) a discussion of the experience in tracking
and recording the deployments of members of the
Armed Forces; and
(2) any recommendations for revision of such
section 991 that the Secretary considers appropriate.
SEC. 579. EXTENSION OF TRICARE MANAGED CARE SUP-
PORT CONTRACTS.
(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, the TRICARE managed care support contracts
in effect, or in final stages of acquisition as of September
30, 1999, may be extended for four years, subject to sub-
section (b).
(b) CONDITIONS.—Any extension of a contract under
paragraph (1)—
(1) may be made only if the Secretary of Defense
determines that it is in the best interest of the Gov-
ernment to do so; and
(2) shall be based on the price in the final best
and final offer for the last year of the existing con-
tract as adjusted for inflation and other factors mutu-
ally agreed to by the contractor and the Government.
240
HR 4205 EAS
SEC. 580. PREPARATION, PARTICIPATION, AND CONDUCT
OF ATHLETIC COMPETITIONS AND SMALL
ARMS 
COMPETITIONS 
BY 
THE 
NATIONAL
GUARD AND MEMBERS OF THE NATIONAL
GUARD.
(a) PREPARATION AND PARTICIPATION OF MEMBERS
GENERALLY.—Subsection (a) of section 504 of title 32,
United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (2);
(2) in paragraph (3)—
(A) by inserting ‘‘prepare for and’’ before
‘‘participate’’; and
(B) by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) prepare for and participate in qualifying
athletic competitions.’’.
(b) CONDUCT OF COMPETITIONS.—That section is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(c)(1) Units of the National Guard may conduct
small arms competitions and athletic competitions in con-
junction with training required under this chapter if such
activities would meet the requirements set forth in para-
graphs (1), (3), and (4) of section 508(a) of this title if
241
HR 4205 EAS
such activities were services to be provided under that sec-
tion.
‘‘(2) Facilities and equipment of the National Guard,
including military property and vehicles described in sec-
tion 508(c) of this title, may be used in connection with
activities under paragraph (1).’’.
(c) AVAILABILITY OF FUNDS.—That section is further
amended by adding at the end the following new subsection:
‘‘(d) Subject to provisions of appropriations Acts,
amounts appropriated for the National Guard may be used
in order to cover the costs of activities under subsection (c)
and of expenses of members of the National Guard under
paragraphs (3) and (4) of subsection (a), including expenses
of attendance and participation fees, travel, per diem, cloth-
ing, equipment, and related expenses.’’.
(d) 
QUALIFYING
ATHLETIC
COMPETITIONS
DE-
FINED.—That section is further amended by adding at the
end the following new subsection:
‘‘(e) In this section, the term ‘qualifying athletic com-
petition’ means a competition in athletic events that require
skills relevant to military duties or involve aspects of phys-
ical fitness that are evaluated by the armed forces in deter-
mining whether a member of the National Guard is fit for
military duty.’’.
242
HR 4205 EAS
(e) CONFORMING AND CLERICAL AMENDMENTS.—(1)
The section heading of such section is amended to read as
follows:
‘‘§ 504. National Guard schools; small arms competi-
tions; athletic competitions’’.
(2) The table of sections at the beginning of chapter
5 of that title is amended by striking the item relating to
section 504 and inserting the following new item:
‘‘504. National Guard schools; small arms competitions; athletic competitions.’’.
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.
(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. CORRECTIONS FOR BASIC PAY TABLES.
Section 601(c) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65) is
amended—
243
HR 4205 EAS
(1) in footnote 2 under the first table (113 Stat.
646), relating to commissioned officers, by striking
‘‘$12,441.00’’ and inserting ‘‘$12,488.70’’; and
(2) in footnote 2 under the fourth table (113
Stat. 648), relating to enlisted members, by striking
‘‘$4,701.00’’ and inserting ‘‘$4,719.00’’.
SEC. 603. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HON-
ORS DUTY.
(a) COMPENSATION
AT RATE
FOR INACTIVE-DUTY
TRAINING.—(1) Section 115(b)(2) of title 32, United States
Code, is amended to read as follows:
‘‘(2) as directed by the Secretary concerned,
either—
‘‘(A) the allowance under section 435 of title
37; or
‘‘(B) compensation under section 206 of
title 37.’’.
(2) Section 12503(b)(2) of title 10, United States Code,
is amended to read as follows:
‘‘(2) as directed by the Secretary concerned,
either—
‘‘(A) the allowance under section 435 of title
37; or
‘‘(B) compensation under section 206 of
title 37.’’.
244
HR 4205 EAS
(b) CONFORMING REPEAL.—Section 435 of title 37,
United States Code, is amended by striking subsection (c).
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000, and shall apply with respect to months beginning on
or after that date.
SEC. 604. CLARIFICATION OF SERVICE EXCLUDED IN COM-
PUTATION OF CREDITABLE SERVICE AS A MA-
RINE CORPS OFFICER.
(a) SERVICE AS RESERVE ENLISTED MEMBER IN PLA-
TOON LEADERS CLASS.—Section 205(f) of title 37, United
States Code, is amended by striking ‘‘that the officer per-
formed concurrently as a member’’ and inserting ‘‘that the
officer performed concurrently as an enlisted member’’.
(b) CORRECTION OF REFERENCE.—Such section 205(f)
is further amended by striking ‘‘section 12209’’ and insert-
ing ‘‘section 12203’’.
SEC. 605. CALCULATION OF BASIC ALLOWANCE FOR HOUS-
ING.
(a) RATES.—Subsection (b) of section 403 of title 37,
United States Code, is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as para-
graph (2);
245
HR 4205 EAS
(3) by inserting after ‘‘(b) BASIC ALLOWANCE
FOR HOUSING INSIDE THE UNITED STATES.—’’ the
following: ‘‘(1) The Secretary of Defense shall pre-
scribe the rates of the basic allowance for housing that
are applicable for the various military housing areas
in the United States. The rates for an area shall be
based on the costs of adequate housing determined for
the area under paragraph (2).’’; and
(4) in paragraph (6), by striking ‘‘, changes in
the national average monthly cost of housing,’’.
(b) REPEAL OF LIMITATION ON TOTAL PAYMENTS.—
Subsection (b) of such section is further amended—
(1) by striking paragraphs (3) and (5); and
(2) by redesignating paragraphs (4), (6), and (7)
as paragraphs (3), (4), and (5), respectively.
SEC. 606. ELIGIBILITY OF MEMBERS IN GRADE E–4 TO RE-
CEIVE 
BASIC 
ALLOWANCE 
FOR 
HOUSING
WHILE ON SEA DUTY.
(a) PAYMENT AUTHORIZED.—Subsection (f)(2)(B) of
section 403 of title 37, United States Code, is amended—
(1) by striking ‘‘E–5’’ in the first sentence and
inserting ‘‘E–4 or E–5’’; and
(2) by striking ‘‘grade E–5’’ in the second sen-
tence and inserting ‘‘grades E–4 and E–5’’.
246
HR 4205 EAS
(b) CONFORMING AMENDMENT.—Subsection (m)(1)(B)
of such section is amended by striking ‘‘E–4’’ and inserting
‘‘E–3’’.
SEC. 607. PERSONAL MONEY ALLOWANCE FOR THE SENIOR
ENLISTED MEMBERS OF THE ARMED FORCES.
(a) AUTHORITY.—Section 414 of title 37, United
States Code, is amended by adding at the end the following:
‘‘(c) In addition to other pay or allowances authorized
by this title, a noncommissioned officer is entitled to a per-
sonal money allowance of $2,000 a year while serving as
the Sergeant Major of the Army, the Master Chief Petty Of-
ficer of the Navy, the Chief Master Sergeant of the Air
Force, the Sergeant Major of the Marine Corps, or the Mas-
ter Chief Petty Officer of the Coast Guard.’’.
(b) EFFECTIVE DATE.—This section and the amend-
ment made by this section shall take effect on October 1,
2000.
SEC. 608. INCREASED UNIFORM ALLOWANCES FOR OFFI-
CERS.
(a) INITIAL ALLOWANCE.—Section 415(a) of title 37,
United States Code, is amended by striking ‘‘$200’’ and in-
serting ‘‘$400’’.
(b) ADDITIONAL ALLOWANCE.—Section 416(a) of such
title is amended by striking ‘‘$100’’ and inserting ‘‘$200’’.
247
HR 4205 EAS
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000.
SEC. 609. CABINET-LEVEL AUTHORITY TO PRESCRIBE RE-
QUIREMENTS AND ALLOWANCE FOR CLOTH-
ING OF ENLISTED MEMBERS.
Section 418 of title 37, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘The Presi-
dent’’ and inserting ‘‘The Secretary of Defense and
the Secretary of Transportation, with respect to the
Coast Guard when it is not operating as a service in
the Navy,’’; and
(2) in subsection (b), by striking ‘‘the President’’
and inserting ‘‘the Secretary of Defense’’.
SEC. 610. SPECIAL SUBSISTENCE ALLOWANCE FOR MEM-
BERS ELIGIBLE TO RECEIVE FOOD STAMP AS-
SISTANCE.
(a) ALLOWANCE.—(1) Chapter 7 of title 37, United
States Code, is amended by inserting after section 402 the
following new section:
‘‘§ 402a. Special subsistence allowance
‘‘(a) ENTITLEMENT.—(1) Upon the application of an
eligible member of a uniformed service described in sub-
section (b), the Secretary concerned shall pay the member
248
HR 4205 EAS
a special subsistence allowance for each month for which
the member is eligible to receive food stamp assistance.
‘‘(2) In determining the eligibility of a member to re-
ceive food stamp assistance for purposes of this section, the
amount of any special subsistence allowance paid the mem-
ber under this section shall not be taken into account.
‘‘(b) COVERED MEMBERS.—An enlisted member re-
ferred to in subsection (a) is an enlisted member in pay
grade E–5 or below.
‘‘(c) TERMINATION
OF ENTITLEMENT.—The entitle-
ment of a member to receive payment of a special subsist-
ence allowance terminates upon the occurrence of any of
the following events:
‘‘(1) Termination of eligibility for food stamp
assistance.
‘‘(2) Payment of the special subsistence allow-
ance for 12 consecutive months.
‘‘(3) Promotion of the member to a higher grade.
‘‘(4) Transfer of the member in a permanent
change of station.
‘‘(d) REESTABLISHED ENTITLEMENT.—(1) After a ter-
mination of a member’s entitlement to the special subsist-
ence allowance under subsection (c), the Secretary con-
cerned shall resume payment of the special subsistence al-
lowance to the member if the Secretary determines, upon
249
HR 4205 EAS
further application of the member, that the member is eligi-
ble to receive food stamps.
‘‘(2) Payments resumed under this subsection shall ter-
minate under subsection (c) upon the occurrence of an event
described in that subsection after the resumption of the pay-
ments.
‘‘(3) The number of times that payments are resumed
under this subsection is unlimited.
‘‘(e) DOCUMENTATION OF ELIGIBILITY.—A member of
the uniformed services applying for the special subsistence
allowance under this section shall furnish the Secretary con-
cerned with such evidence of the member’s eligibility for
food stamp assistance as the Secretary may require in con-
nection with the application.
‘‘(f) AMOUNT OF ALLOWANCE.—The monthly amount
of the special subsistence allowance under this section is
$180.
‘‘(g) RELATIONSHIP TO BASIC ALLOWANCE FOR SUB-
SISTENCE.—The special subsistence allowance under this
section is in addition to the basic allowance for subsistence
under section 402 of this title.
‘‘(h) FOOD STAMP ASSISTANCE DEFINED.—In this sec-
tion, the term ‘food stamp assistance’ means assistance
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
250
HR 4205 EAS
‘‘(i) TERMINATION OF AUTHORITY.—No special sub-
sistence allowance may be made under this section for any
month beginning after September 30, 2005.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
402 the following:
‘‘402a. Special subsistence allowance.’’.
(b) EFFECTIVE DATE.—Section 402a of title 37,
United States Code, shall take effect on the first day of the
first month that begins on or after the date of the enactment
of this Act.
(c) ANNUAL REPORT.—(1) Not later than March 1 of
each year after 2000, the Comptroller General of the United
States shall submit to Congress a report setting forth the
number of members of the uniformed services who are eligi-
ble for assistance under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.).
(2) In preparing the report, the Comptroller General
shall consult with the Secretary of Defense, the Secretary
of Transportation (with respect to the Coast Guard), the
Secretary of Health and Human Services (with respect to
the commissioned corps of the Public Health Service), and
the Secretary of Commerce (with respect to the commis-
sioned officers of the National Oceanic and Atmospheric Ad-
ministration), who shall provide the Comptroller General
251
HR 4205 EAS
with any information that the Comptroller General deter-
mines necessary to prepare the report.
(3) No report is required under this subsection after
March 1, 2005.
SEC. 610A. RESTRUCTURING OF BASIC PAY TABLES FOR
CERTAIN ENLISTED MEMBERS.
(a) IN GENERAL.—The table under the heading ‘‘EN-
LISTED MEMBERS’’ in section 601(c) of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 105–65; 113 Stat. 648) is amended by striking the
amounts relating to pay grades E–7, E–6, and E–5 and
inserting the amounts for the corresponding years of service
specified in the following table:
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
E–7 ....
1,765.80
1,927.80
2,001.00
2,073.00
2,148.60
E–6 ....
1,518.90
1,678.20
1,752.60
1,824.30
1,899.40
E–5 ....
1,332.60
1,494.00
1,566.00
1,640.40
1,715.70
Over 8
Over 10
Over 12
Over 14
Over 16
E–7 ....
2,277.80
2,350.70
2,423.20
2,495.90
2,570.90
E–6 ....
2,022.60
2,096.40
2,168.60
2,241.90
2,294.80
E–5 ....
1,821.00
1,893.00
1,967.10
1,967.60
1,967.60
Over 18
Over 20
Over 22
Over 24
Over 26
E–7 ....
2,644.20
2,717.50
2,844.40
2,926.40
3,134.40
E–6 ....
2,332.00
2,332.00
2,335.00
2,335.00
2,335.00
E–5 ....
1,967.60
1,967.60
1,967.60
1,967.60
1,967.60
(b) APPLICATION OF AMENDMENTS.—The amendments
made by subsection (a) shall take effect as of October 1,
252
HR 4205 EAS
2000, and shall apply with respect to months beginning on
or after that date.
SEC. 610B. BASIC ALLOWANCE FOR HOUSING.
(a) APPLICABILITY OF LOW-COST AND NO-COST RE-
ASSIGNMENTS
TO MEMBERS WITH DEPENDENTS.—Sub-
section (b)(7) of section 403 of title 37, United States Code,
is amended by striking ‘‘without dependents’’.
(b) ALLOWANCE WHEN DEPENDENTS ARE UNABLE TO
ACCOMPANY MEMBERS.—Subsection (d) of such section is
amended by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) In the case of a member with dependents who is
assigned to duty in an area that is different from the area
in which the member’s dependents reside—
‘‘(A) the member shall receive a basic allowance
for housing as provided in subsection (b) or (c), as
appropriate;
‘‘(B) if the member is assigned to duty in an
area or under circumstances that, as determined by
the Secretary concerned, require the member’s depend-
ents to reside in a different area, the member shall re-
ceive a basic allowance for housing as if the member
were assigned to duty in the area in which the de-
pendents reside or at the member’s last duty station,
253
HR 4205 EAS
whichever the Secretary concerned determines to be
equitable; or
‘‘(C) if the member is assigned to duty in that
area under the conditions of low-cost or no-cost per-
manent change of station or permanent change of as-
signment and the Secretary concerned determines that
it would be inequitable to base the member’s entitle-
ment to, and amount of, a basic allowance for hous-
ing on the cost of housing in the area to which the
member is reassigned, the member shall receive a
basic allowance for housing as if the member were as-
signed to duty at the member’s last duty station.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect on October 1, 2000,
and shall apply with respect to pay periods beginning on
and after that date.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f) of title 37, United States Code, is amended by strik-
ing ‘‘December 31, 2000’’ and inserting ‘‘December 31,
2001’’.
254
HR 4205 EAS
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of such title is amended by striking ‘‘Decem-
ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of such title is amended by striking ‘‘December
31, 2000’’ and inserting ‘‘December 31, 2001’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of
such title is amended by striking ‘‘December 31, 2000’’ and
inserting ‘‘December 31, 2001’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of such title is amended by striking ‘‘December
31, 2000’’ and inserting ‘‘December 31, 2001’’.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT
BONUS.—Section 308h(g) of such title is amended by strik-
ing ‘‘December 31, 2000’’ and inserting ‘‘December 31,
2001’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(f) of such title is amended by striking ‘‘December 31,
2000’’ and inserting ‘‘December 31, 2001’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED
RESERVE.—Section 16302(d) of title 10, United States
Code, is amended by striking ‘‘January 1, 2001’’ and in-
serting ‘‘January 1, 2002’’.
255
HR 4205 EAS
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR NURSE OFFICER CAN-
DIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code,
is amended by striking ‘‘December 31, 2000’’ and inserting
‘‘December 31, 2001’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking ‘‘December 31, 2000’’ and inserting
‘‘December 31, 2001’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
Code, is amended by striking ‘‘December 31, 2000’’ and in-
serting ‘‘December 31, 2001’’.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL
PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section
301b(a) of title 37, United States Code, is amended by strik-
ing ‘‘December 31, 2000,’’ and inserting ‘‘December 31,
2001,’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of such title is amended by striking ‘‘Decem-
ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.
256
HR 4205 EAS
(c) ENLISTMENT BONUS FOR PERSONS WITH CRIT-
ICAL SKILLS.—Section 308a(d) of such title is amended by
striking ‘‘December 31, 2000’’ and inserting ‘‘December 31,
2001’’.
(d) ARMY ENLISTMENT BONUS.—Section 308f(c) of
such title is amended by striking ‘‘December 31, 2000’’ and
inserting ‘‘December 31, 2001’’.
(e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)
of such title is amended by striking ‘‘December 31, 2000’’
and inserting ‘‘December 31, 2001’’.
(f) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of such title is amended by striking ‘‘December 31,
2000’’ and inserting ‘‘December 31, 2001’’.
(g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of such title is amended by striking ‘‘De-
cember 31, 2000’’ and inserting ‘‘December 31, 2001’’.
SEC. 614. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY
FOR RESERVE MEDICAL AND DENTAL OFFI-
CERS.
(a) RESERVE MEDICAL OFFICERS SPECIAL PAY.—
Section 302(h)(1) of title 37, United States Code, is amend-
ed by adding at the end: ‘‘, including active duty in the
form of annual training, active duty for training, and ac-
tive duty for special work’’.
257
HR 4205 EAS
(b) RESERVE
DENTAL
OFFICERS
SPECIAL
PAY
AMENDMENT.—Subsection (d) of section 302f of title 37,
United States Code, is amended to read as follows:
‘‘(d) SPECIAL RULE
FOR RESERVE MEDICAL
AND
DENTAL OFFICERS.—While a Reserve medical or dental of-
ficer receives a special pay under section 302 or 302b of
this title by reason of subsection (a), the officer shall not
be entitled to special pay under section 302(h) or 302b(h)
of this title.’’.
SEC. 615. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE
COAST GUARD.
Section 302c(d)(1) of title 37, United States Code, is
amended by inserting after ‘‘nurse,’’ the following: ‘‘an offi-
cer of the Coast Guard or Coast Guard Reserve designated
as a physician assistant,’’.
SEC. 616. AUTHORIZATION OF SPECIAL PAY AND ACCES-
SION BONUS FOR PHARMACY OFFICERS.
(a) AUTHORIZATION OF SPECIAL PAY.—Chapter 5 of
title 37, United States Code, is amended by inserting after
section 302h the following new section:
‘‘§ 302i. Special pay: pharmacy officers
‘‘(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFI-
CERS.—Under regulations prescribed pursuant to section
303a of this title, the Secretary of the military department
258
HR 4205 EAS
concerned may, subject to subsection (c), pay special pay
at the rates specified in subsection (d) to an officer who—
‘‘(1) is a pharmacy officer in the Medical Service
Corps of the Army or Navy or the Biomedical
Sciences Corps of the Air Force; and
‘‘(2) is on active duty under a call or order to
active duty for a period of not less than one year.
‘‘(b) PUBLIC HEALTH SERVICE CORPS.—Subject to
subsection (c), the Secretary of Health and Human Services
may pay special pay at the rates specified in subsection
(d) to an officer who—
‘‘(1) is an officer in the Regular or Reserve
Corps of the Public Health Service and is designated
as a pharmacy officer; and
‘‘(2) is on active duty under a call or order to
active duty for a period of not less than one year.
‘‘(c) LIMITATION.—Special pay may not be paid under
this section to an officer serving in a pay grade above pay
grade O–6.
‘‘(d) RATE OF SPECIAL PAY.—The rate of special pay
paid to an officer subsection (a) or (b) is as follows:
‘‘(1) $3,000 per year, if the officer is undergoing
pharmacy internship training or has less than 3
years of creditable service.
259
HR 4205 EAS
‘‘(2) $7,000 per year, if the officer has at least
3 but less than 6 years of creditable service and is not
undergoing pharmacy internship training.
‘‘(3) $7,000 per year, if the officer has at least
6 but less than 8 years of creditable service.
‘‘(4) $12,000 per year, if the officer has at least
8 but less than 12 years of creditable service.
‘‘(5) $10,000 per year, if the officer has at least
12 but less than 14 years of creditable service.
‘‘(6) $9,000 per year, if the officer has at least
14 but less than 18 years of creditable service.
‘‘(7) $8,000 per year, if the officer has 18 or
more years of creditable service.’’.
(b) AUTHORIZATION OF ACCESSION BONUSES.—Chap-
ter 5 of that title is further amended by inserting after sec-
tion 302i, as added by subsection (a) of this section, the
following new section:
‘‘§ 302j. Special pay: accession bonus for pharmacy of-
ficers
‘‘(a) ACCESSION BONUS AUTHORIZED.—A person who
is a graduate of an accredited pharmacy school and who,
during the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year
2001 and ending on September 30, 2004, executes a written
agreement described in subsection (c) to accept a commis-
260
HR 4205 EAS
sion as an officer of a uniformed service and remain on
active duty for a period of not less than 4 years may, upon
acceptance of the agreement by the Secretary concerned, be
paid an accession bonus in an amount determined by the
Secretary concerned.
‘‘(b) LIMITATION
ON
AMOUNT
OF
BONUS.—The
amount of an accession bonus under subsection (a) may not
exceed $30,000.
‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A per-
son may not be paid a bonus under subsection (a) if—
‘‘(1) the person, in exchange for an agreement to
accept an appointment as a warrant or commissioned
officer, received financial assistance from the Depart-
ment of Defense or the Department of Health and
Human Services to pursue a course of study in phar-
macy; or
‘‘(2) the Secretary concerned determines that the
person is not qualified to become and remain licensed
as a pharmacist.
‘‘(d) AGREEMENT.—The agreement referred to in sub-
section (a) shall provide that, consistent with the needs of
the uniformed service concerned, the person executing the
agreement shall be assigned to duty, for the period of obli-
gated service covered by the agreement, as a pharmacy offi-
cer in the Medical Service Corps of the Army or Navy, a
261
HR 4205 EAS
biomedical sciences officer in the Air Force designated as
a pharmacy officer, or a pharmacy officer of the Public
Health Service.
‘‘(e) REPAYMENT.—(1) An officer who receives a pay-
ment under subsection (a) and who fails to become and re-
main licensed as a pharmacist during the period for which
the payment is made shall refund to the United States an
amount equal to the full amount of such payment.
‘‘(2) An officer who voluntarily terminates service on
active duty before the end of the period agreed to be served
under subsection (a) shall refund to the United States an
amount that bears the same ratio to the amount paid to
the officer as the unserved part of such period bears to the
total period agreed to be served.
‘‘(3) An obligation to reimburse the United States
under paragraph (1) or (2) is for all purposes a debt owed
to the United States.
‘‘(4) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of an agree-
ment under this section does not discharge the person sign-
ing such agreement from a debt arising under such agree-
ment or this subsection. This paragraph applies to any case
commenced under title 11 after the date of the enactment
of the National Defense Authorization Act for Fiscal Year
2001.’’.
262
HR 4205 EAS
(c) ADMINISTRATION.—Section 303a of title 37, United
States Code, is amended by striking ‘‘302h’’ each place it
appears and inserting ‘‘302j’’.
(d) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of such title is amended by in-
serting after the item relating to section 302h the following
new items:
‘‘302i. Special pay: pharmacy officers.
‘‘302j. Special pay: accession bonus for pharmacy officers.’’.
SEC. 617. CORRECTION OF REFERENCES TO AIR FORCE
VETERINARIANS.
Section 303(a) of title 37, United States Code, is
amended—
(1) in paragraph (1)(B), by striking ‘‘who is
designated as a veterinary officer’’ and inserting
‘‘who is an officer in the Biomedical Sciences Corps
and holds a degree in veterinary medicine’’; and
(2) in paragraph (2), by striking subparagraph
(B) and inserting the following:
‘‘(B) of a reserve component of the Air
Force, of the Army or the Air Force without
specification of component, or of the National
Guard, who—
‘‘(i) is designated as a veterinary offi-
cer; or
263
HR 4205 EAS
‘‘(ii) is an officer in the Biomedical
Sciences Corps of the Air Force and holds
a degree in veterinary medicine; or’’.
SEC. 618. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF
THE PUBLIC HEALTH SERVICE CORPS TO SPE-
CIAL PAYS AND BONUSES OF HEALTH PRO-
FESSIONAL 
OFFICERS 
OF 
THE 
ARMED
FORCES.
(a) IN GENERAL.—Section 303a of title 37, United
States Code, is amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d); and
(2) by inserting after subsection (a) the following
new subsection (b):
‘‘(b)(1) Except as provided in paragraph (2) or as oth-
erwise provided under a provision of this chapter, commis-
sioned officers in the Regular or Reserve Corps of the Public
Health Service shall be entitled to special pay under the
provisions of this chapter in the same amounts, and under
the same terms and conditions, as commissioned officers of
the armed forces are entitled to special pay under the provi-
sions of this chapter.
‘‘(2) A commissioned medical officer in the Regular
or Reserve Corps of the Public Health Service (other than
an officer serving in the Indian Health Service) may not
264
HR 4205 EAS
receive additional special pay under section 302(a)(4) of
this title for any period during which the officer is pro-
viding obligated service under the following provisions of
law:
‘‘(A) Section 338B of the Public Health Service
Act (42 U.S.C. 254l–1).
‘‘(B) Section 225(e) of the Public Health Service
Act, as that section was in effect before 1, 1977.
‘‘(C) Section 752 of the Public Health Service
Act, as that section was in effect between October 1,
1977, and August 13, 1981.’’.
(b) REPEAL OF SUPERSEDED PROVISIONS.—Section
208(a) of the Public Health Service Act (42 U.S.C. 210(a))
is amended—
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) For provisions relating to the receipt of special
pay by commissioned officers of the Regular and Reserve
Corps while on active duty, see section 303a(b) of title 37,
United States Code.’’.
SEC. 619. CAREER SEA PAY.
(a) REFORM OF AUTHORITIES.—Section 305a of title
37, United States Code, is amended—
265
HR 4205 EAS
(1) in subsection (a), by striking ‘‘Under regula-
tions prescribed by the President, a member’’ and in-
serting ‘‘A member’’;
(2) by redesignating subsection (d) as subsection
(e); and
(3) by striking subsections (b) and (c) and in-
serting the following:
‘‘(b) The Secretary concerned shall prescribe the
monthly rates for special pay applicable to members of each
armed force under the Secretary’s jurisdiction. No monthly
rate may exceed $750.
‘‘(c) A member of a uniformed service entitled to career
sea pay under this section who has served 36 consecutive
months of sea duty is also entitled to a career sea pay pre-
mium for the thirty-seventh consecutive month and each
subsequent consecutive month of sea duty served by such
member. The monthly amount of the premium shall be pre-
scribed by the Secretary concerned, but may not exceed
$350.
‘‘(d) The Secretary concerned shall prescribe regula-
tions for the administration of this section for the armed
force or armed forces under the jurisdiction of the Secretary.
The entitlements under this section shall be subject to the
regulations.’’.
266
HR 4205 EAS
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2000, and shall apply
with respect to months beginning on or after that date.
SEC. 620. INCREASED MAXIMUM RATE OF SPECIAL DUTY AS-
SIGNMENT PAY.
Section 307(a) of title 37, United States Code, is
amended—
(1) by striking ‘‘$275’’ and inserting ‘‘$600’’;
and
(2) by striking the second sentence.
SEC. 621. EXPANSION OF APPLICABILITY OF AUTHORITY
FOR CRITICAL SKILLS ENLISTMENT BONUS
TO INCLUDE ALL ARMED FORCES.
(a) EXPANSION OF AUTHORITY.—Section 308f of title
37, United States Code, is amended—
(1) by striking ‘‘Secretary of the Army’’ each
place it appears and inserting ‘‘Secretary concerned’’;
and
(2) by striking ‘‘the Army’’ in subsections (a)(3)
and (c) and inserting ‘‘an armed force’’.
(b) CONFORMING AMENDMENT.—The heading for such
section is amended to read as follows:
‘‘§ 308f. Special pay: bonus for enlistment’’.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 5 of title 37, United States Code,
267
HR 4205 EAS
is amended by striking the item relating to section 308f and
inserting the following:
‘‘308f. Special pay: bonus for enlistment.’’.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000, and shall apply with respect to months beginning on
or after that date.
SEC. 622. ENTITLEMENT OF MEMBERS OF THE NATIONAL
GUARD AND OTHER RESERVES NOT ON AC-
TIVE DUTY TO RECEIVE SPECIAL DUTY AS-
SIGNMENT PAY.
(a) AUTHORITY.—Section 307(a) of title 37, United
States Code, is amended by inserting after ‘‘is entitled to
basic pay’’ in the first sentence the following: ‘‘, or is enti-
tled to compensation under section 206 of this title in the
case of a member of a reserve component not on active
duty,’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first
month that begins on or after the date of the enactment of
this Act.
268
HR 4205 EAS
Subtitle C—Travel and
Transportation Allowances
SEC. 631. ADVANCE PAYMENTS FOR TEMPORARY LODGING
OF MEMBERS AND DEPENDENTS.
(a) SUBSISTENCE EXPENSES.—Section 404a of title
37, United States Code, is amended—
(1) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively; and
(2) by striking subsection (a) and inserting the
following:
‘‘(a)(1) Under regulations prescribed by the Secretaries
concerned, a member of a uniformed service who is ordered
to make a change of permanent station described in para-
graph (2) shall be paid or reimbursed for subsistence ex-
penses of the member and the member’s dependents for the
period (subject to subsection (c)) for which the member and
dependents occupy temporary quarters incident to that
change of permanent station.
‘‘(2) Paragraph (1) applies to the following:
‘‘(A) A permanent change of station from any
duty station to a duty station in the United States
(other than Hawaii or Alaska).
‘‘(B) A permanent change of station from a duty
station in the United States (other than Hawaii or
269
HR 4205 EAS
Alaska) to a duty station outside the United States
or in Hawaii or Alaska.
‘‘(b) The Secretary concerned may make any payment
for subsistence expenses to a member under this section in
advance of the incurrence of the expenses. The amount of
an advance payment made to a member shall be computed
on the basis of the Secretary’s determination of the average
number of days that members and their dependents occupy
temporary quarters under the circumstances applicable to
the member and the member’s dependents.
‘‘(c)(1) In the case of a change of permanent station
described in subsection (a)(2)(A), the period for which sub-
sistence expenses are to be paid or reimbursed under this
section may not exceed 10 days.
‘‘(2) In the case of a change of permanent station de-
scribed in subsection (a)(2)(B)—
‘‘(A) the period for which such expenses are to be
paid or reimbursed under this section may not exceed
five days; and
‘‘(B) such payment or reimbursement may be
provided only for expenses incurred before leaving the
United States (other than Hawaii or Alaska).’’.
(b) PER
DIEM.—Section 405 of such title is
amended—
270
HR 4205 EAS
(1) by redesignating subsection (b) as subsection
(c); and
(2) by striking subsection (a) and inserting the
following:
‘‘(a) Without regard to the monetary limitation of this
title, the Secretary concerned may pay a per diem to a
member who is on duty outside of the United States or in
Hawaii or Alaska, whether or not the member is in a travel
status. The Secretary may pay the per diem in advance
of the accrual of the per diem.
‘‘(b) In determining the per diem to be paid under this
section, the Secretary concerned shall consider all elements
of the cost of living to members of the uniformed services
under the Secretary’s jurisdiction and their dependents, in-
cluding the cost of quarters, subsistence, and other necessary
incidental expenses. However, dependents may not be con-
sidered in determining the per diem allowance for a mem-
ber in a travel status.’’.
SEC. 632. INCENTIVE FOR SHIPPING AND STORING HOUSE-
HOLD 
GOODS 
IN 
LESS 
THAN 
AVERAGE
WEIGHTS.
Section 406(b)(1) of title 37, United States Code, is
amended by adding at the end the following new subpara-
graph:
271
HR 4205 EAS
‘‘(G) The Secretary concerned may pay a member a
share (determined by the Secretary) of the amount of the
savings resulting to the United States for less than average
shipping and storage of the member’s baggage and house-
hold effects under subparagraph (A). Shipping and storage
of a member’s baggage and household effects for a member
shall be considered as less than average if the total weights
of the baggage and household effects shipped and stored are
less than the average weights of the baggage and household
effects that are shipped and stored, respectively, by members
of the same grade and status with respect to dependents as
the member in connection with changes of station that are
comparable to the member’s change of station. The amount
of the savings shall be the amount equal to the excess of
the cost of shipping and cost of storing such average weights
of baggage and household effects, respectively, over the cor-
responding costs associated with the weights of the member’s
baggage and household effects. For the administration of
this subparagraph, the Secretary of Defense shall annually
determine the average weights of baggage and household ef-
fects shipped and stored.’’.
SEC. 633. EXPANSION OF FUNDED STUDENT TRAVEL.
Section 430 of title 37, United States Code, is
amended—
272
HR 4205 EAS
(1) in subsection (a)(3), by striking ‘‘for the pur-
pose of obtaining a secondary or undergraduate col-
lege education’’ and inserting ‘‘for the purpose of ob-
taining a formal education’’;
(2) in subsection (b), by striking ‘‘for the purpose
of obtaining a secondary or undergraduate college
education’’ and inserting ‘‘for the purpose of obtain-
ing a formal education’’; and
(3) in subsection (f)—
(A) by striking ‘‘In this section, the term’’
and insert the following:
‘‘In this section:
‘‘(1) The term’’; and
(B) by adding at the end the following:
‘‘(2) The term ‘formal education’ means the fol-
lowing:
‘‘(A) A secondary education.
‘‘(B) An undergraduate college education.
‘‘(C) A graduate education pursued on a
full-time basis at an institution of higher edu-
cation (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
‘‘(D) Vocational education pursued on a
full-time basis at a post-secondary vocational in-
stitution (as defined in section 102(c) of the
273
HR 4205 EAS
Higher Education Act of 1965 (20 U.S.C.
1002(c))).’’.
SEC. 634. BENEFITS FOR MEMBERS NOT TRANSPORTING
PERSONAL MOTOR VEHICLES OVERSEAS.
(a) INCENTIVES.—Section 2634 of title 10, United
States Code, is amended—
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the following
new subsection (h):
‘‘(h)(1) If a member of an armed force authorized the
transportation of a motor vehicle under subsection (a) elects
not to have the vehicle transported and not (if eligible) to
have the vehicle stored under subsection (b), the Secretary
concerned may pay the member a share (determined by the
Secretary) of the amount of the savings resulting to the
United States. The Secretary may make the payment in
advance of the member’s change of permanent station.
‘‘(2) The Secretary of Defense shall determine annually
the rates of savings to the United States that are associated
with elections of a member described in paragraph (1).’’.
(b) STORAGE AS ALTERNATIVE TO TRANSPORTATION
FOR UNACCOMPANIED ASSIGNMENTS.—Subsection (b) of
such section—
274
HR 4205 EAS
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3):
‘‘(3) If a member authorized the transportation of a
motor vehicle under subsection (a) is not authorized under
reassignment orders to be accompanied by dependents on
a command-sponsored basis, the member may elect, in lieu
of that transportation, to have the motor vehicle stored at
a location approved by the Secretary concerned. If storage
is elected, the Secretary shall pay the expenses associated
with the storage of the vehicle, as authorized under para-
graph (4), up to the amount equal to the cost that would
have been incurred by the United States for transportation
of the vehicle under subsection (a). The member shall be re-
sponsible for the payment of the costs of the storage in excess
of that amount.’’.
Subtitle D—Retirement Benefits
SEC. 641. EXCEPTION TO HIGH-36 MONTH RETIRED PAY
COMPUTATION FOR MEMBERS RETIRED FOL-
LOWING 
A 
DISCIPLINARY 
REDUCTION 
IN
GRADE.
Section 1407 of title 10, United States Code, is
amended—
275
HR 4205 EAS
(1) in subsection (b), by striking ‘‘The retired
pay base’’ and inserting ‘‘Except as provided in sub-
section (f), the retired pay base’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED
IN GRADE AND OFFICERS WHO DO NOT SERVE SATISFAC-
TORILY IN HIGHEST GRADE HELD.—
‘‘(1) COMPUTATION BASED ON PRE-HIGH-THREE
RULES.—In the case of a member or former member
described in paragraph (2), the retired pay base or
retainer pay base is determined under section 1406 of
this title in the same manner as if the member or
former member first became a member of a uniformed
service before September 8, 1980.
‘‘(2) AFFECTED MEMBERS.—A member or former
member referred to in paragraph (1) is a member or
former member who by reason of conduct occurring
after the date of the enactment of this subsection—
‘‘(A) in the case of a member retired in an
enlisted grade or transferred to the Fleet Reserve
or Fleet Marine Corps Reserve, was at any time
reduced in grade as the result of a court-martial
sentence, nonjudicial punishment, or an admin-
istrative action, unless the member was subse-
276
HR 4205 EAS
quently promoted to a higher enlisted grade or
appointed to a commissioned or warrant grade;
and
‘‘(B) in the case of an officer, is retired in
a grade lower than the highest grade in which
served by reason of denial of a determination or
certification under section 1370 of this title that
the officer served on active duty satisfactorily in
that grade.
‘‘(3) SPECIAL RULE FOR ENLISTED MEMBERS.—
In the case of a member who retires within three
years after having been reduced in grade as described
in paragraph (2)(A), who retires in an enlisted grade
that is lower than the grade from which reduced, and
who would be subject to paragraph (2)(A) but for a
subsequent promotion to a higher enlisted grade or a
subsequent appointment to a warrant or commis-
sioned grade, the rates of basic pay used in the com-
putation of the member’s high-36 average for the pe-
riod of the member’s service in a grade higher than
the grade in which retired shall be the rates of pay
that would apply if the member had been serving for
that period in the grade in which retired.’’.
277
HR 4205 EAS
SEC. 642. AUTOMATIC PARTICIPATION IN RESERVE COMPO-
NENT SURVIVOR BENEFIT PLAN UNLESS DE-
CLINED WITH SPOUSE’S CONSENT.
(a) INITIAL OPPORTUNITY TO DECLINE.—Paragraph
(2)(B) of section 1448(a) of title 10, United States Code,
is amended to read as follows:
‘‘(B) RESERVE-COMPONENT
ANNUITY
PAR-
TICIPANTS.—A person who is—
‘‘(i) eligible to participate in the Plan
under paragraph (1)(B); and
‘‘(ii) married or has a dependent child
when he is notified under section 12731(d)
of this title that he has completed the years
of service required for eligibility for reserve-
component retired pay, unless the person
elects (with his spouse’s concurrence, if re-
quired under paragraph (3)) not to partici-
pate in the Plan before the end of the 90-
day period beginning on the date he receives
such notification.
A person who elects not to participate in the
Plan as described in the foregoing sentence re-
mains eligible, upon reaching 60 years of age
and otherwise becoming entitled to retired pay,
to participate in the Plan in accordance with
eligibility under paragraph (1)(A).’’.
278
HR 4205 EAS
(b) SPOUSAL CONSENT REQUIREMENT.—Paragraph
(3)(B) of such section is amended—
(1) by striking ‘‘who elects to provide’’ and in-
serting ‘‘who is eligible to provide’’;
(2) by redesignating clauses (i) and (ii) as
clauses (iii) and (iv), respectively; and
(3) by inserting before clause (iii), as so redesig-
nated, the following:
‘‘(i) not to participate in the Plan;
‘‘(ii) to defer the effective date of annu-
ity payments to the 60th anniversary of the
member’s birth pursuant to subsection
(e)(2);’’.
(c) IRREVOCABILITY OF ELECTION NOT TO PARTICI-
PATE MADE UPON RECEIPT OF 20-YEAR LETTER.—Para-
graph (4)(B) of such section is amended by striking ‘‘to par-
ticipate in the Plan is irrevocable’’ and inserting ‘‘not to
participate in the Plan is, subject to the sentence following
clause (ii) of paragraph (2)(B), irrevocable’’.
(d) DESIGNATION OF COMMENCEMENT OF RESERVE-
COMPONENT ANNUITY.—(1) Section 1448(e) of title 10,
United States Code, is amended by striking ‘‘a person elect-
ing to participate’’ and all that follows through ‘‘making
such election’’ and inserting ‘‘a person is required to make
a designation under this subsection, the person’’.
279
HR 4205 EAS
(2) Section 1450(j)(1) of such title is amended to read
as follows:
‘‘(1) PERSON MAKING SECTION 1448(e) DESIGNA-
TION.—A reserve-component annuity shall be effective
in accordance with the designation made under sec-
tion 1448(e) of this title by the person providing the
annuity.’’.
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000.
SEC. 643. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) EFFECTIVE DATE OF PARTICIPATION AUTHOR-
ITY.—Section 663 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
673; 5 U.S.C. 8440 note) is amended to read as follows:
‘‘SEC. 663. EFFECTIVE DATE.
‘‘(a) IN GENERAL.—The amendments made by this
subtitle shall take effect 180 days after the date of the enact-
ment of the National Defense Authorization Act for Fiscal
Year 2001.
‘‘(b) POSTPONEMENT AUTHORITY.—(1) The Secretary
of Defense may postpone the authority of members of the
Ready Reserve to participate in the Thrift Savings Plan
under section 211 of title 37, United States Code (as amend-
ed by this subtitle) up to 360 days after the date referred
280
HR 4205 EAS
to in subsection (a) if the Secretary, after consultation with
the Executive Director (appointed by the Federal Retire-
ment Thrift Investment Board), determines that permitting
such members to participate in the Thrift Savings Plan ear-
lier would place an excessive burden on the administrative
capacity of the Board to accommodate participants in the
Thrift Savings Plan.
‘‘(2) The Secretary shall notify the congressional de-
fense committees, the Committee on Government Reform of
the House of Representatives, and the Committee on Gov-
ernmental Affairs of the Senate of any determination made
under paragraph (1).’’.
(b) REGULATIONS.—Section 661(b) of such Act (113
Stat. 672; 5 U.S.C. 8440e) is amended by striking ‘‘the date
on which’’ and all that follows through ‘‘later,’’ and insert-
ing ‘‘the effective date of the amendments made by this sub-
title (determined under section 663(a)),’’.
SEC. 644. RETIREMENT FROM ACTIVE RESERVE SERVICE
AFTER REGULAR RETIREMENT.
(a) CONVERSION
TO RESERVE RETIREMENT.—(1)
Chapter 1223 of title 10, United States Code, is amended
by adding at the end the following:
281
HR 4205 EAS
‘‘§ 12741. Retirement from active reserve service per-
formed after regular retirement
‘‘(a) RESERVE RETIREMENT.—Upon the election of a
member or former member of a reserve component under
subsection (b), the Secretary concerned shall—
‘‘(1) treat the person as being entitled to retired
pay under this chapter;
‘‘(2) terminate the person’s entitlement to retired
pay that is payable out of the Department of Defense
Military Retirement Fund under any other provision
of law other than this chapter; and
‘‘(3) in the case of a reserve commissioned offi-
cer, transfer the officer to the Retired Reserve.
‘‘(b) ELIGIBILITY
AND ELECTION.—A person who,
after being retired under chapter 65, 367, 571, or 867 of
this title, serves in an active status in a reserve component
of the armed forces may elect to receive retired pay under
this chapter if—
‘‘(1) the person would, except for paragraph (4)
of section 12731(a) of this title, otherwise be entitled
to retired pay under this chapter; and
‘‘(2) during that reserve service, the person
served satisfactorily as—
‘‘(A) a reserve commissioned officer; or
‘‘(B) a reserve noncommissioned officer.
282
HR 4205 EAS
‘‘(c) TIME
AND FORM
OF ELECTION.—An election
under subsection (b) shall be made within such time and
in such form as the Secretary concerned requires.
‘‘(d) EFFECTIVE DATE OF ELECTION.—An election
made by a person under subsection (b) shall be effective—
‘‘(1) except as provided in paragraph (2)(B), as
of the date on which the person attains 60 years of
age, if the election is made in accordance with this
section within 180 days after that date; or
‘‘(2) on the first day of the first month that be-
gins after the date on which the election is made in
accordance with this section, if—
‘‘(A) the election is made more than 180
days after the date on which the person attains
60 years of age; or
‘‘(B) the person retires from active reserve
service within that 180-day period.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following:
‘‘12741. Retirement from active service performed after regular retirement.’’.
(b) EFFECTIVE DATE AND APPLICABILITY.—(1) This
section and the amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.
(2) No benefits shall accrue under section 12741 of title
10, United States Code (as added by subsection (a)), for
283
HR 4205 EAS
any period before the first day of the first month that begins
on or after the effective date of this section.
SEC. 645. SAME TREATMENT FOR FEDERAL JUDGES AS FOR
OTHER FEDERAL OFFICIALS REGARDING PAY-
MENT OF MILITARY RETIRED PAY.
(a) REPEAL OF REQUIREMENT FOR SUSPENSION DUR-
ING REGULAR ACTIVE SERVICE.—Section 371 of title 28,
United States Code, is amended—
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection
(e).
(b) CONFORMING AMENDMENTS.—Subsection (b) of
such section is amended by striking ‘‘subsection (f)’’ each
place it appears and inserting ‘‘subsection (e)’’.
(c) RETROACTIVE EFFECTIVE DATE.—The amend-
ments made by this section shall take effect as of October
1, 1999.
SEC. 646. POLICY ON INCREASING MINIMUM SURVIVOR
BENEFIT PLAN BASIC ANNUITIES FOR SUR-
VIVING SPOUSES AGE 62 OR OLDER.
It is the sense of Congress that there should be enacted
during the 106th Congress legislation that increases the
minimum basic annuities provided under the Survivor
Benefit Plan for surviving spouses of members of the uni-
formed services who are 62 years of age or older.
284
HR 4205 EAS
SEC. 647. SURVIVOR BENEFIT PLAN ANNUITIES FOR SUR-
VIVORS OF ALL MEMBERS WHO DIE ON AC-
TIVE DUTY.
(a) ENTITLEMENT.—(1) Subsection (d)(1) of section
1448 of title 10, United States Code, is amended to read
as follows:
‘‘(1) SURVIVING
SPOUSE
ANNUITY.—The Sec-
retary concerned shall pay an annuity under this
subchapter to the surviving spouse of—
‘‘(A) a member who dies on active duty
after—
‘‘(i) becoming eligible to receive retired
pay;
‘‘(ii) qualifying for retired pay except
that he has not applied for or been granted
that pay; or
‘‘(iii) completing 20 years of active
service but before he is eligible to retire as
a commissioned officer because he has not
completed 10 years of active commissioned
service; or
‘‘(B) a member not described in subpara-
graph (A) who dies on active duty, except in the
case of a member whose death, as determined by
the Secretary concerned—
285
HR 4205 EAS
‘‘(i) is a direct result of the member’s
intentional misconduct or willful neglect; or
‘‘(ii) occurs during a period of unau-
thorized absence.’’.
(2) The heading for subsection (d) of such section is
amended by striking ‘‘RETIREMENT-ELIGIBLE’’.
(b) AMOUNT OF ANNUITY.—Section 1451(c)(1) of such
title is amended to read as follows:
‘‘(1) IN GENERAL.—In the case of an annuity
provided under section 1448(d) or 1448(f) of this title,
the amount of the annuity shall be determined as fol-
lows:
‘‘(A) BENEFICIARY
UNDER
YEARS
OF
AGE.—If the person receiving the annuity is
under 62 years of age or is a dependent child
when the member or former member dies, the
monthly annuity shall be the amount equal to 55
percent of the retired pay imputed to the member
or former member. The retired pay imputed to a
member or former member is as follows:
‘‘(i) Except in a case described in
clause (ii), the retired pay to which the
member or former member would have been
entitled if the member or former member
286
HR 4205 EAS
had been entitled to that pay based upon
his years of active service when he died.
‘‘(ii) In the case of a deceased member
referred to in subparagraph (A)(iii) or (B)
of section 1448(d)(1) of this title, the retired
pay to which the member or former member
would have been entitled if the member had
been entitled to that pay based upon a re-
tirement under section 1201 of this title (if
on active duty for more than 30 days when
the member died) or section 1204 of this
title (if on active duty for 30 days or less
when the member died) for a disability
rated as total.
‘‘(B) BENEFICIARY 62 YEARS OF AGE OR
OLDER.—
‘‘(i) GENERAL RULE.—If the person re-
ceiving the annuity (other than a dependent
child) is 62 years of age or older when the
member or former member dies, the monthly
annuity shall be the amount equal to 35
percent of the retired pay imputed to the
member or former member as described in
clause (i) or (ii) of the second sentence of
subparagraph (A).
287
HR 4205 EAS
‘‘(ii) RULE IF BENEFICIARY ELIGIBLE
FOR
SOCIAL
SECURITY
OFFSET
COMPUTA-
TION.—If the beneficiary is eligible to have
the annuity computed under subsection (e)
and if, at the time the beneficiary becomes
entitled to the annuity, computation of the
annuity under that subsection is more fa-
vorable to the beneficiary than computation
under clause (i), the annuity shall be com-
puted under that subsection rather than
under clause (i).’’.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000, and shall apply with respect to deaths occurring on
or after that date.
SEC. 648. FAMILY COVERAGE UNDER SERVICEMEMBERS’
GROUP LIFE INSURANCE.
(a) INSURABLE DEPENDENTS.—Section 1965 of title
38, United States Code, is amended by adding at the end
the following:
‘‘(10) The term ‘insurable dependent’, with re-
spect to a member, means the following:
‘‘(A) The member’s spouse.
‘‘(B) A child of the member for so long as
the child is unmarried and the member is pro-
288
HR 4205 EAS
viding over 50 percent of the support of the
child.’’.
(b) INSURANCE COVERAGE.—(1) Subsection (a) of sec-
tion 1967 of title 38, United States Code, is amended to
read as follows:
‘‘(a)(1) Subject to an election under paragraph (2), any
policy of insurance purchased by the Secretary under sec-
tion 1966 of this title shall automatically insure the fol-
lowing persons against death:
‘‘(A) In the case of any member of a uniformed
service on active duty (other than active duty for
training)—
‘‘(i) the member; and
‘‘(ii) each insurable dependent of the mem-
ber.
‘‘(B) Any member of a uniformed service on active
duty for training or inactive duty training scheduled
in advance by competent authority.
‘‘(C) Any member of the Ready Reserve of a uni-
formed service who meets the qualifications set forth
in section 1965(5)(B) of this title.
‘‘(2)(A) A member may elect in writing not to be in-
sured under this subchapter.
289
HR 4205 EAS
‘‘(B) A member referred to in subparagraph (A) may
also make either or both of the following elections in writ-
ing:
‘‘(i) An election not to insure a dependent spouse
under this subchapter.
‘‘(ii) An election to insure none of the member’s
children under this subchapter.
‘‘(3)(A) Subject to an election under subparagraph
(B), the amount for which a person is insured under this
subchapter is as follows:
‘‘(i) In the case of a member, $200,000.
‘‘(ii) In the case of a member’s spouse, the
amount equal to 50 percent of the amount for which
the member is insured under this subchapter.
‘‘(iii) In the case of a member’s child, $10,000.
‘‘(B) A member may elect in writing to be insured or
to insure an insurable dependent in an amount less than
the amount provided under subparagraph (A). The amount
of insurance so elected shall, in the case of a member or
spouse, be evenly divisible by $10,000 and, in the case of
a child, be evenly divisible by $5,000.
‘‘(4) No dependent of a member is insured under this
chapter unless the member is insured under this subchapter.
‘‘(5) The insurance shall be effective with respect to
a member and the member’s dependents on the first day
290
HR 4205 EAS
of active duty or active duty for training, or the beginning
of a period of inactive duty training scheduled in advance
by competent authority, or the first day a member of the
Ready Reserve meets the qualifications set forth in section
1965(5)(B) of this title, or the date certified by the Sec-
retary 
to 
the 
Secretary 
concerned 
as 
the 
date
Servicemembers’ Group Life Insurance under this sub-
chapter for the class or group concerned takes effect, which-
ever is the later date.’’.
(2) Subsection (c) of such section is amended by strik-
ing out the first sentence and inserting the following: ‘‘If
a person eligible for insurance under this subchapter is not
so insured, or is insured for less than the maximum amount
provided for the person under subparagraph (A) of sub-
section (a)(3), by reason of an election made by a member
under subparagraph (B) of that subsection, the person may
thereafter be insured under this subchapter in the maximum
amount or any lesser amount elected as provided in such
subparagraph (B) upon written application by the member,
proof of good health of each person to be so insured, and
compliance with such other terms and conditions as may
be prescribed by the Secretary.’’.
(c) TERMINATION OF COVERAGE.—(1) Subsection (a)
of section 1968 of such title is amended—
291
HR 4205 EAS
(A) in the matter preceding paragraph (1), by
inserting ‘‘and any insurance thereunder on any in-
surable dependent of such a member,’’ after ‘‘ any in-
surance thereunder on any member of the uniformed
services,’’;
(B) by striking ‘‘and’’ at the end of paragraph
(3);
(C) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(5) with respect to an insurable dependent of
the member—
‘‘(A) upon election made in writing by the
member to terminate the coverage; or
‘‘(B) on the earlier of—
‘‘(i) the date of the member’s death;
‘‘(ii) the date of termination of the in-
surance on the member’s life under this sub-
chapter;
‘‘(iii) the date of the dependent’s death;
or
‘‘(iv) the termination of the depend-
ent’s status as an insurable dependent of the
member.
292
HR 4205 EAS
(2) Subsection (b)(1)(A) of such section is amended by
inserting ‘‘(to insure against death of the member only)’’
after ‘‘converted to Veterans’ Group Life Insurance’’.
(d) PREMIUMS.—Section 1969 of such title is amended
by adding at the end the following:
‘‘(g)(1) During any period in which any insurable de-
pendent of a member is insured under this subchapter, there
shall be deducted each month from the member’s basic or
other pay until separation or release from active duty an
amount determined by the Secretary (which shall be the
same for all such members) as the premium allocable to the
pay period for providing that insurance coverage.
‘‘(2)(A) The Secretary shall determine the premium
amounts to be charged for life insurance coverage for de-
pendents of members under this subchapter.
‘‘(B) The premium amounts shall be determined on the
basis of sound actuarial principles and shall include an
amount necessary to cover the administrative costs to the
insurer or insurers providing such insurance.
‘‘(C) Each premium rate for the first policy year shall
be continued for subsequent policy years, except that the
rate may be adjusted for any such subsequent policy year
on the basis of the experience under the policy, as deter-
mined by the Secretary in advance of that policy year.
293
HR 4205 EAS
‘‘(h) Any overpayment of a premium for insurance
coverage for an insurable dependent of a member that is
terminated under section 1968(a)(5) of this title shall be
refunded to the member.’’.
(e) PAYMENTS
OF INSURANCE PROCEEDS.—Section
1970 of such title is amended by adding at the end the fol-
lowing:
‘‘(h) Any amount of insurance in force on an insurable
dependent of a member under this subchapter on the date
of the dependent’s death shall be paid, upon the establish-
ment of a valid claim therefor, to the member or, in the
event of the member’s death before payment to the member
can be made, then to the person or persons entitled to receive
payment of the proceeds of insurance on the member’s life
under this subchapter.’’.
(f) EFFECTIVE
DATE
AND
INITIAL
IMPLEMENTA-
TION.—(1) This section and the amendments made by this
section shall take effect on the first day of the first month
that begins more than 120 days after the date of the enact-
ment of this Act, except that paragraph (2) shall take effect
on the date of the enactment of this Act.
(2) The Secretary of Veterans Affairs, in consultation
with the Secretaries of the military departments, the Sec-
retary of Transportation, the Secretary of Commerce and
the Secretary of Health and Human Services, shall take
294
HR 4205 EAS
such action as is necessary to ensure that each member of
the uniformed services on active duty (other than active
duty for training) during the period between the date of
the enactment of this Act and the effective date determined
under paragraph (1) is furnished an explanation of the in-
surance benefits available for dependents under the amend-
ments made by this section and is afforded an opportunity
before such effective date to make elections that are author-
ized under those amendments to be made with respect to
dependents.
SEC. 649. FEES PAID BY RESIDENTS OF THE ARMED FORCES
RETIREMENT HOME.
(a) NAVAL HOME.—Section 1514 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 414) is amended
by striking subsection (d) and inserting the following:
‘‘(d) NAVAL HOME.—The monthly fee required to be
paid by a resident of the Naval Home under subsection (a)
shall be as follows:
‘‘(1) For a resident in an independent living sta-
tus, $500.
‘‘(2) For a resident in an assisted living status,
$750.
‘‘(3) For a resident of a skilled nursing facility,
$1,250.’’.
295
HR 4205 EAS
(b) UNITED
STATES
SOLDIERS’ 
AND
AIRMEN’S
HOME.—Subsection (c) of such section is amended—
(1) by striking ‘‘(c) FIXING FEES.—’’ and insert-
ing ‘‘(c) UNITED STATES SOLDIERS’ AND AIRMEN’S
HOME.—’’;
(2) in paragraph (1)—
(A) by striking ‘‘the fee required by sub-
section (a) of this section’’ and inserting ‘‘the fee
required to be paid by residents of the United
States Soldiers’ and Airmen’s Home under sub-
section (a)’’; and
(B) by striking ‘‘needs of the Retirement
Home’’ and inserting ‘‘needs of that establish-
ment’’; and
(3) in paragraph (2), by striking the second sen-
tence.
(c) SAVINGS PROVISION.—Such section is further
amended by adding at the end the following:
‘‘(e) RESIDENTS BEFORE FISCAL YEAR 2001.—A resi-
dent of the Retirement Home on September 30, 2000, may
not be charged a monthly fee under this section in an
amount that exceeds the amount of the monthly fee charged
that resident for the month of September 2000.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2000.
296
HR 4205 EAS
SEC. 650. COMPUTATION OF SURVIVOR BENEFITS.
(a) INCREASED
BASIC
ANNUITY.—(1) Subsection
(a)(1)(B)(i) of section 1451 of title 10, United States Code,
is amended by striking ‘‘35 percent of the base amount.’’
and inserting ‘‘the product of the base amount and the per-
cent applicable for the month. The percent applicable for
a month is 35 percent for months beginning on or before
the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2001, 40 percent for months begin-
ning after such date and before October 2004, and 45 per-
cent for months beginning after September 2004.’’.
(2) Subsection (a)(2)(B)(i)(I) of such section is amend-
ed by striking ‘‘35 percent’’ and inserting ‘‘the percent spec-
ified under subsection (a)(1)(B)(i) as being applicable for
the month’’.
(3) Subsection (c)(1)(B)(i) of such section is
amended—
(A) by striking ‘‘35 percent’’ and inserting ‘‘the
applicable percent’’; and
(B) by adding at the end the following: ‘‘The
percent applicable for a month under the preceding
sentence is the percent specified under subsection
(a)(1)(B)(i) as being applicable for the month.’’.
(4) The heading for subsection (d)(2)(A) of such section
is amended to read as follows: ‘‘COMPUTATION OF ANNU-
ITY.—’’.
297
HR 4205 EAS
(b) ADJUSTED
SUPPLEMENTAL
ANNUITY.—Section
1457(b) of title 10, United States Code, is amended—
(1) by striking ‘‘5, 10, 15, or 20 percent’’ and
inserting ‘‘the applicable percent’’; and
(2) by inserting after the first sentence the fol-
lowing: ‘‘The percent used for the computation shall
be an even multiple of 5 percent and, whatever the
percent specified in the election, may not exceed 20
percent for months beginning on or before the date of
the enactment of the National Defense Authorization
Act for Fiscal Year 2001, 15 percent for months be-
ginning after that date and before October 2004, and
10 percent for months beginning after September
2004.’’.
(c) RECOMPUTATION OF ANNUITIES.—(1) Effective on
the first day of each month referred to in paragraph (2)—
(A) each annuity under section 1450 of title 10,
United States Code, that commenced before that
month, is computed under a provision of section 1451
of that title amended by subsection (a), and is pay-
able for that month shall be recomputed so as to be
equal to the amount that would be in effect if the per-
cent applicable for that month under that provision,
as so amended, had been used for the initial computa-
tion of the annuity; and
298
HR 4205 EAS
(B) each supplemental survivor annuity under
section 1457 of such title that commenced before that
month and is payable for that month shall be recom-
puted so as to be equal to the amount that would be
in effect if the percent applicable for that month
under that section, as amended by this section, had
been used for the initial computation of the supple-
mental survivor annuity.
(2) The requirements for recomputation of annuities
under paragraph (1) apply with respect to the following
months:
(A) The first month that begins after the date of
the enactment of this Act.
(B) October 2004.
(d) RECOMPUTATION OF RETIRED PAY REDUCTIONS
FOR
SUPPLEMENTAL
SURVIVOR
ANNUITIES.—The Sec-
retary of Defense shall take such actions as are necessitated
by the amendments made by subsection (b) and the require-
ments of subsection (c)(1)(B) to ensure that the reductions
in retired pay under section 1460 of title 10, United States
Code, are adjusted to achieve the objectives set forth in sub-
section (b) of that section.
299
HR 4205 EAS
SEC. 651. EQUITABLE APPLICATION OF EARLY RETIREMENT
ELIGIBILITY REQUIREMENTS TO MILITARY
RESERVE TECHNICIANS.
(a) TECHNICIANS COVERED BY FERS.—Paragraph
(1) of section 8414(c) of title 5, United States Code, is
amended by striking ‘‘after becoming 50 years of age and
completing 25 years of service’’ and inserting ‘‘after com-
pleting 25 years of service or after becoming 50 years of
age and completing 20 years of service’’.
(b) TECHNICIANS COVERED BY CSRS.—Section 8336
of title 5, United States Code, is amended by adding at
the end the following new subsection:
‘‘(p) Section 8414(c) of this title applies—
‘‘(1) under paragraph (1) of such section to a
military reserve technician described in that para-
graph for purposes of determining entitlement to an
annuity under this subchapter; and
‘‘(2) under paragraph (2) of such section to a
military technician (dual status) described in that
paragraph for purposes of determining entitlement to
an annuity under this subchapter.’’.
(c) TECHNICAL AMENDMENT.—Section 1109(a)(2) of
Public Law 105–261 (112 Stat. 2143) is amended by strik-
ing ‘‘adding at the end’’ and inserting ‘‘inserting after sub-
section (n)’’.
300
HR 4205 EAS
(d) APPLICABILITY.—Subsection (c) of section 8414 of
such title (as amended by subsection (a)), and subsection
(p) of section 8336 of title 5, United States Code (as added
by subsection (b)), shall apply according to the provisions
thereof with respect to separations from service referred to
in such subsections that occur on or after October 5, 1999.
SEC. 652. CONCURRENT PAYMENT TO SURVIVING SPOUSES
OF DISABILITY AND INDEMNITY COMPENSA-
TION AND ANNUITIES UNDER SURVIVOR BEN-
EFIT PLAN.
(a) CONCURRENT PAYMENT.—Section 1450 of title 10,
United States Code, is amended by striking subsection (c).
(b) CONFORMING AMENDMENTS.—That section is fur-
ther amended by striking subsections (e) and (k).
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act, and shall apply with respect to the payment of annu-
ities under the Survivor Benefit Plan under subchapter II
of chapter 73 of title 10, United States Code, for months
beginning on or after that date.
(d) RECOMPUTATION OF ANNUITIES.—The Secretary
of Defense shall provide for the readjustment of any annu-
ities to which subsection (c) of section 1450 of title 10,
United States Code, applies as of the date before the date
301
HR 4205 EAS
of the enactment of this Act, as if the adjustment otherwise
provided for under such subsection (c) had never been made.
(e) PROHIBITION ON RETROACTIVE BENEFITS.—No
benefits shall be paid to any person by virtue of the amend-
ments made by this section for any period before the effec-
tive date of the amendments as specified in subsection (c).
Subtitle E—Other Matters
SEC. 661. REIMBURSEMENT OF RECRUITING AND ROTC
PERSONNEL FOR PARKING EXPENSES.
(a) IN GENERAL.—Chapter 53 of title 10, United
States Code, is amended by inserting after section 1053 the
following new section:
‘‘§ 1053a. Reimbursement of recruiting and ROTC per-
sonnel: parking expenses
‘‘(a) AUTHORITY.—The Secretary concerned may,
under regulations prescribed by the Secretary of Defense,
reimburse eligible Department of Defense personnel for ex-
penses incurred for parking a privately owned vehicle at
a place of duty.
‘‘(b) ELIGIBILITY.—A member of the armed forces or
employee of the Department of Defense is eligible for reim-
bursement under subsection (a) while—
‘‘(1) assigned to duty as a recruiter for any of
the armed forces;
302
HR 4205 EAS
‘‘(2) assigned to duty at a military entrance
processing facility of the armed forces; or
‘‘(3) detailed for instructional and administra-
tive duties at any institution where a unit of the Sen-
ior Reserve Officers’ Training Corps is maintained.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 1053 the following:
‘‘1053a. Reimbursement of recruiting and ROTC personnel: parking expenses.’’.
SEC. 662. EXTENSION OF DEADLINE FOR FILING CLAIMS AS-
SOCIATED WITH CAPTURE AND INTERNMENT
OF CERTAIN PERSONS BY NORTH VIETNAM.
Section 657(d)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2585) is amended by adding at the end the following:
‘‘The Secretary may extend the time limitation under the
preceding sentence for up to 18 months in the case of any
claim for which the Secretary determines that the extension
is necessary to prevent an injustice or that a failure to file
within the time limitation is due to excusable neglect.’’.
SEC. 663. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UN-
USED ACCRUED LEAVE AND FOR RETIRED
PAY.
(a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED
LEAVE.—Subsection (a)(1) of section 3702 of title 31,
303
HR 4205 EAS
United States Code, is amended by inserting ‘‘payments for
unused accrued leave,’’ after ‘‘transportation,’’.
(b) WAIVER OF TIME LIMITATIONS.—Subsection (e)(1)
of such section is amended by striking ‘‘claim for pay or
allowances under title 37’’ and inserting ‘‘claim for pay,
allowances, or payment for unused accrued leave under title
37 or a claim for retired pay under title 10’’.
SEC. 664. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDI-
VIDUAL 
READY 
RESERVE 
FOR 
SERVICE-
MEMBERS’ GROUP LIFE INSURANCE.
Section 1965(5) of title 38, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C):
‘‘(C) a person who volunteers for assign-
ment to a category in the Individual Ready Re-
serve of a uniformed service that is subject to an
involuntary call to active duty under section
12304 of title 10; and’’.
304
HR 4205 EAS
SEC. 665. AUTHORITY TO PAY GRATUITY TO CERTAIN VET-
ERANS OF BATAAN AND CORREGIDOR.
(a) PAYMENT OF GRATUITY AUTHORIZED.—The Sec-
retary of Veterans Affairs may pay a gratuity to a covered
veteran, or to the surviving spouse of a covered veteran, in
the amount of $20,000.
(b) COVERED VETERAN DEFINED.—For purposes of
subsection (a), the term ‘‘covered veteran’’ means any vet-
eran of the Armed Forces who—
(1) served at Bataan or Corregidor in the Phil-
ippines during World War II;
(2) was captured and held as a prisoner of war
by Japan as a result of such service; and
(3) was required by Japan to perform slave
labor in Japan during World War II.
(c) RELATIONSHIP
TO
OTHER
PAYMENTS.—Any
amount paid a person under this section for activity de-
scribed in subsection (b) is in addition to any other amount
paid such person for such activity under any other provi-
sion of law.
SEC. 666. CONCURRENT PAYMENT OF RETIRED PAY AND
COMPENSATION 
FOR 
RETIRED 
MEMBERS
WITH SERVICE-CONNECTED DISABILITIES.
(a) CONCURRENT PAYMENT.—Section 5304(a) of title
38, United States Code, is amended by adding at the end
the following new paragraph:
305
HR 4205 EAS
‘‘(3) Notwithstanding the provisions of paragraph (1)
and section 5305 of this title, compensation under chapter
11 of this title may be paid to a person entitled to receive
retired or retirement pay described in such section 5305
concurrently with such person’s receipt of such retired or
retirement pay.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act, and apply with respect to payments of com-
pensation for months beginning on or after that date.
(c) PROHIBITION ON RETROACTIVE BENEFITS.—No
benefits shall be paid to any person by virtue of the amend-
ment made by subsection (a) for any period before the effec-
tive date of this Act as specified in subsection (b).
SEC. 667. TRAVEL BY RESERVES ON MILITARY AIRCRAFT TO
AND FROM LOCATIONS OUTSIDE THE CONTI-
NENTAL UNITED STATES FOR INACTIVE-DUTY
TRAINING.
(a) SPACE-REQUIRED TRAVEL.—Subsection (a) of sec-
tion 18505 of title 10, United States Code, is amended—
(1) by inserting ‘‘residence or’’ after ‘‘In the case
of a member of a reserve component whose’’; and
(2) by inserting after ‘‘(including a place’’ the
following: ‘‘of inactive-duty training’’.
306
HR 4205 EAS
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 18505. Space-required travel: Reserves traveling to
inactive-duty training’’.
(2) The item relating to such section in the table of
sections at the beginning of such chapter is amended to read
as follows:
‘‘18505. Space-required travel: Reserves traveling to inactive-duty training.’’.
SEC. 668. ADDITIONAL BENEFITS AND PROTECTIONS FOR
PERSONNEL INCURRING INJURY, ILLNESS,
OR DISEASE IN THE PERFORMANCE OF FU-
NERAL HONORS DUTY.
(a) INCAPACITATION PAY.—Section 204 of title 37,
United States Code, is amended—
(1) in subsection (g)(1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (C);
(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(E) in line of duty while—
‘‘(i) serving on funeral honors duty under
section 12503 of this title or section 115 of title
32;
‘‘(ii) traveling to or from the place at which
the duty was to be performed; or
307
HR 4205 EAS
‘‘(iii) remaining overnight at or in the vi-
cinity of that place immediately before so serv-
ing, if the place is outside reasonable commuting
distance from the member’s residence.’’; and
(2) in subsection (h)(1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (C);
(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(E) in line of duty while—
‘‘(i) serving on funeral honors duty under
section 12503 of this title or section 115 of title
32;
‘‘(ii) traveling to or from the place at which
the duty was to be performed; or
‘‘(iii) remaining overnight at or in the vi-
cinity of that place immediately before so serv-
ing, if the place is outside reasonable commuting
distance from the member’s residence.’’.
(b) TORT CLAIMS.—Section 2671 of title 28, United
States Code, is amended by inserting ‘‘115,’’ in the second
paragraph after ‘‘members of the National Guard while en-
gaged in training or duty under section’’.
308
HR 4205 EAS
(c) APPLICABILITY.—(1) The amendments made by
subsection (a) shall apply with respect to months beginning
on or after the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply
with respect to acts and omissions occurring before, on, or
after the date of the enactment of this Act.
SEC. 669. DETERMINATIONS OF INCOME ELIGIBILITY FOR
SPECIAL SUPPLEMENTAL FOOD PROGRAM.
Section 1060a(c)(1)(B) of title 10, United States Code,
is amended by striking the second sentence and inserting
the following: ‘‘In the application of such criterion, the Sec-
retary shall exclude from income any basic allowance for
housing as permitted under section 17(d)(2)(B) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).’’.
SEC. 670. MODIFICATION OF TIME FOR USE BY CERTAIN
MEMBERS OF THE SELECTED RESERVE OF
ENTITLEMENT 
TO 
EDUCATIONAL 
ASSIST-
ANCE.
(a) IN GENERAL.—Subsection (a) of section 16133 of
title 10, United States Code, is amended by striking ‘‘(1)
at the end’’ and all that follows through the end and insert-
ing ‘‘on the date the person is separated from the Selected
Reserve.’’.
(b) CERTAIN MEMBERS.—Paragraph (1) of subsection
(b) of that section is amended in the flush matter following
309
HR 4205 EAS
subparagraph (B) by striking ‘‘shall be determined’’ and
all that follows through the end and inserting ‘‘shall expire
on the later of (i) the 10-year period beginning on the date
on which such person becomes entitled to educational assist-
ance under this chapter, or (ii) the end of the 4-year period
beginning on the date such person is separated from, or
ceases to be, a member of the Selected Reserve.’’.
(c) CONFORMING AMENDMENTS.—Subsection (b) of
that section is further amended—
(1) in paragraph (2), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsections (a) and (b)(1)’’;
(2) in paragraph (3), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsection (b)(1)’’; and
(3) in paragraph (4)—
(A) in subparagraph (A), by striking ‘‘sub-
section (a)’’ and inserting ‘‘subsections (a) and
(b)(1)’’; and
(B) in subparagraph (B), by striking
‘‘clause (2) of such subsection’’ and inserting
‘‘subsection (a)’’.
SEC. 671. RECOGNITION OF MEMBERS OF THE ALASKA TER-
RITORIAL GUARD AS VETERANS.
(a) IN GENERAL.—Section 106 of title 38, United
States Code, is amended by adding at the end the following
new subsection:
310
HR 4205 EAS
‘‘(f) Service as a member of the Alaska Territorial
Guard during World War II of any individual who was
honorably discharged therefrom under section 656(b) of the
National Defense Authorization Act for Fiscal Year 2001
shall be considered active duty for purposes of all laws ad-
ministered by the Secretary.’’.
(b) DISCHARGE.—(1) The Secretary of Defense shall
issue to each individual who served as a member of the Alas-
ka Territorial Guard during World War II a discharge
from such service under honorable conditions if the Sec-
retary determines that the nature and duration of the serv-
ice of the individual so warrants.
(2) A discharge under paragraph (1) shall designate
the date of discharge. The date of discharge shall be the date,
as determined by the Secretary, of the termination of service
of the individual concerned as described in that paragraph.
(c) PROHIBITION ON RETROACTIVE BENEFITS.—No
benefits shall be paid to any individual for any period be-
fore the date of the enactment of this Act by reason of the
enactment of this section.
SEC. 672. CLARIFICATION OF DEPARTMENT OF VETERANS
AFFAIRS DUTY TO ASSIST.
(a) IN GENERAL.—Section 5107 of title 38, United
States Code, is amended to read as follows:
311
HR 4205 EAS
‘‘§ 5107 Assistance to claimants; benefit of the doubt;
burden of proof
‘‘(a) The Secretary shall assist a claimant in devel-
oping all facts pertinent to a claim for benefits under this
title. Such assistance shall include requesting information
as described in section 5106 of this title. The Secretary shall
provide a medical examination when such examination
may substantiate entitlement to the benefits sought. The
Secretary may decide a claim without providing assistance
under this subsection when no reasonable possibility exists
that such assistance will aid in the establishment of entitle-
ment.
‘‘(b) The Secretary shall consider all evidence and ma-
terial of record in a case before the Department with respect
to benefits under laws administered by the Secretary and
shall give the claimant the benefit of the doubt when there
is an approximate balance of positive and negative evidence
regarding any issue material to the determination of the
matter.
‘‘(c) Except when otherwise provided by this title or
by the Secretary in accordance with the provisions of this
title, a person who submits a claim for benefits under a
law administered by the Secretary shall have the burden
of proof.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 51 of that title is amended by strik-
312
HR 4205 EAS
ing the item relating to section 5017 and inserting the fol-
lowing new item:
‘‘5107 Assistance to claimants; benefit of the doubt; burden of proof.’’.
SEC. 673. BACK PAY FOR MEMBERS OF THE NAVY AND MA-
RINE CORPS APPROVED FOR PROMOTION
WHILE INTERNED AS PRISONERS OF WAR
DURING WORLD WAR II.
(a) ENTITLEMENT OF FORMER PRISONERS OF WAR.—
Upon receipt of a claim made in accordance with this sec-
tion, the Secretary of the Navy shall pay back pay to a
claimant who, by reason of being interned as a prisoner
of war while serving as a member of the Navy or the Marine
Corps during World War II, was not available to accept
a promotion for which the claimant was approved.
(b) PROPER CLAIMANT FOR DECEASED FORMER MEM-
BER.—In the case of a person described in subsection (a)
who is deceased, the back pay for that deceased person under
this section shall be paid to a member or members of the
family of the deceased person determined appropriate in the
same manner as is provided in section 6(c) of the War
Claims Act of 1948 (50 U.S.C. App. 2005(c)).
(c) AMOUNT OF BACK PAY.—The amount of back pay
payable to or for a person described in subsection (a) is
the amount equal to the excess of—
(1) the total amount of basic pay that would
have been paid to that person for service in the Navy
313
HR 4205 EAS
or the Marine Corps if the person had been promoted
on the date on which the promotion was approved,
over
(2) the total amount of basic pay that was paid
to or for that person for such service on and after that
date.
(d) TIME LIMITATIONS.—(1) To be eligible for a pay-
ment under this section, a claimant must file a claim for
such payment with the Secretary of Defense within two
years after the effective date of the regulations implementing
this section.
(2) Not later than 18 months after receiving a claim
for payment under this section, the Secretary shall deter-
mine the eligibility of the claimant for payment of the
claim. Subject to subsection (f), if the Secretary determines
that the claimant is eligible for the payment, the Secretary
shall promptly pay the claim.
(e) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to carry out this section. Such regula-
tions shall include procedures by which persons may submit
claims for payment under this section. Such regulations
shall be prescribed not later than six months after the date
of the enactment of this Act.
(f) LIMITATION
ON DISBURSEMENT.—(1) Notwith-
standing any power of attorney, assignment of interest, con-
314
HR 4205 EAS
tract, or other agreement, the actual disbursement of a pay-
ment under this section may be made only to each person
who is eligible for the payment under subsection (a) or (b)
and only—
(A) upon the appearance of that person, in per-
son, at any designated disbursement office in the
United States or its territories; or
(B) at such other location or in such other man-
ner as that person may request in writing.
(2) In the case of a claim approved for payment but
not disbursed as a result of operation of paragraph (1), the
Secretary of Defense shall hold the funds in trust for the
person in an interest bearing account until such time as
the person makes an election under such paragraph.
(g) ATTORNEY FEES.—Notwithstanding any contract,
the representative of a person may not receive, for services
rendered in connection with the claim of, or with respect
to, a person under this section, more than 10 percent of
the amount of a payment made under this section on that
claim.
(h) OUTREACH.—The Secretary of the Navy shall take
such actions as are necessary to ensure that the benefits and
eligibility for benefits under this section are widely pub-
licized by means designed to provide actual notice of the
315
HR 4205 EAS
availability of the benefits in a timely manner to the max-
imum number of eligible persons practicable.
(i) DEFINITION.—In this section, the term ‘‘World War
II’’ has the meaning given the term in section 101(8) of
title 38, United States Code.
Subtitle F—Education Benefits
SEC. 681. SHORT TITLE.
This subtitle may be cited as the ‘‘Helping Our Profes-
sionals Educationally (HOPE) Act of 2000’’.
SEC. 682. TRANSFER OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE BY CERTAIN MEMBERS OF THE
ARMED FORCES.
(a) AUTHORITY TO TRANSFER
TO FAMILY MEM-
BERS.—(1) Subchapter II of chapter 30 of title 38, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 3020. Transfer of entitlement to basic educational
assistance: members of the Armed Forces
‘‘(a)(1) Subject to the provisions of this section, the
Secretary of each military department may, for the purpose
of enhancing recruiting and retention and at such Sec-
retary’s sole discretion, permit an individual described in
paragraph (2) who is entitled to basic educational assist-
ance under this subchapter to elect to transfer such individ-
316
HR 4205 EAS
ual’s entitlement to such assistance, in whole or in part,
to the dependents specified in subsection (b).
‘‘(2) An individual referred to in paragraph (1) is any
individual who is a member of the Armed Forces at the
time of the approval by the Secretary of the military de-
partment concerned of the individual’s request to transfer
entitlement to educational assistance under this section.
‘‘(3) The Secretary of the military department con-
cerned may not approve an individual’s request to transfer
entitlement to educational assistance under this section
until the individual has completed six years of service in
the Armed Forces.
‘‘(4) Subject to the time limitation for use of entitle-
ment under section 3031 of this title, an individual ap-
proved to transfer entitlement to educational assistance
under this section may transfer such entitlement at any
time after the approval of individual’s request to transfer
such entitlement without regard to whether the individual
is a member of the Armed Forces when the transfer is exe-
cuted.
‘‘(b) An individual approved to transfer an entitle-
ment to basic educational assistance under this section may
transfer the individual’s entitlement to such assistance as
follows:
‘‘(1) To the individual’s spouse.
317
HR 4205 EAS
‘‘(2) To one or more of the individual’s children.
‘‘(3) To a combination of the individuals referred
to in paragraphs (1) and (2).
‘‘(c)(1) An individual transferring an entitlement to
basic educational assistance under this section shall—
‘‘(A) designate the dependent or dependents to
whom such entitlement is being transferred and the
percentage of such entitlement to be transferred to
each such dependent; and
‘‘(B) specify the period for which the transfer
shall be effective for each dependent designated under
subparagraph (A).
‘‘(2) The aggregate amount of the entitlement transfer-
able by an individual under this section may not exceed
the aggregate amount of the entitlement of such individual
to basic educational assistance under this subchapter.
‘‘(3) An individual transferring an entitlement under
this section may modify or revoke the transfer at any time
before the use of the transferred entitlement begins. An indi-
vidual shall make the modification or revocation by submit-
ting written notice of the action to the Secretary of the mili-
tary department concerned.
‘‘(d)(1) A dependent to whom entitlement to edu-
cational assistance is transferred under this section may
not commence the use of the transferred entitlement until
318
HR 4205 EAS
the completion by the individual making the transfer of 10
years of service in the Armed Forces.
‘‘(2) The use of any entitlement transferred under this
section shall be charged against the entitlement of the indi-
vidual making the transfer at the rate of one month for
each month of transferred entitlement that is used.
‘‘(3) Except as provided in under subsection (c)(1)(B)
and subject to paragraphs (4) and (5), a dependent to whom
entitlement is transferred under this section is entitled to
basic educational assistance under this subchapter in the
same manner and at the same rate as the individual from
whom the entitlement was transferred.
‘‘(4) Notwithstanding section 3031 of this title, a child
to whom entitlement is transferred under this section may
not use any entitlement so transferred after attaining the
age of 26 years.
‘‘(5) The administrative provisions of this chapter (in-
cluding the provisions set forth in section 3034(a)(1) of this
title) shall apply to the use of entitlement transferred under
this section, except that the dependent to whom the entitle-
ment is transferred shall be treated as the eligible veteran
for purposes of such provisions.
‘‘(e) In the event of an overpayment of basic edu-
cational assistance with respect to a dependent to whom
entitlement is transferred under this section, the dependent
319
HR 4205 EAS
and the individual making the transfer shall be jointly and
severally liable to the United States for the amount of the
overpayment for purposes of section 3685 of this title.
‘‘(f) The Secretary of a military department may ap-
prove transfers of entitlement to educational assistance
under this section in a fiscal year only to the extent that
appropriations for military personnel are available in the
fiscal year for purposes of making transfers of funds under
section 2006 of title 10 with respect to such transfers of enti-
tlement.
‘‘(g) The Secretary of Defense shall prescribe regula-
tions for purposes of this section. Such regulations shall
specify the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (c)(3) and
shall specify the manner of the applicability of the adminis-
trative provisions referred to in subsection (d)(5) to a de-
pendent to whom entitlement is transferred under this sec-
tion.
‘‘(h)(1) Not later than January 31, 2002, and each
year thereafter, each Secretary of a military department
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the trans-
fers of entitlement under this section that were approved
by such Secretary during the preceding year.
‘‘(2) Each report shall set forth—
320
HR 4205 EAS
‘‘(A) the number of transfers of entitlement
under this section that were approved by such Sec-
retary during the preceding year; or
‘‘(B) if no transfers of entitlement under this sec-
tion were approved by such Secretary during that
year, a justification for such Secretary’s decision not
to approve any such transfers of entitlement during
that year.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
3019 the following new item:
‘‘3020. Transfer of entitlement to basic educational assistance: members of the
Armed Forces.’’.
(b) TREATMENT UNDER DEPARTMENT OF DEFENSE
EDUCATION BENEFITS FUND.—Section 2006(b)(2) of title
10, United States Code, is amended by adding at the end
the following:
‘‘(D) The present value of the future benefits
payable from the Fund as a result of transfers
under section 3020 of title 38 of entitlement to
basic educational assistance under chapter 30 of
title 38.’’
(c) PLAN FOR IMPLEMENTATION.—Not later than June
30, 2001, the Secretary of Defense shall submit to Congress
a report describing the manner in which the Secretaries of
the military departments propose to exercise the authority
321
HR 4205 EAS
granted by section 3020 of title 38, United States Code, as
added by subsection (a).
SEC. 683. PARTICIPATION OF ADDITIONAL MEMBERS OF
THE ARMED FORCES IN MONTGOMERY GI
BILL PROGRAM.
(a) PARTICIPATION AUTHORIZED.—(1) Subchapter II
of chapter 30 of title 38, United States Code, as amended
by section 682(a) of this Act, is further amended by insert-
ing after section 3018C the following new section:
‘‘§ 3018D. Opportunity to enroll: certain VEAP partici-
pants; active duty personnel not pre-
viously enrolled
‘‘(a)(1) Notwithstanding any other provision of law
and subject to the provisions of this section, the Secretary
concerned may, for the purpose of enhancing recruiting and
retention and at such Secretary’s sole discretion, permit an
individual described in subsection (b) to elect under sub-
section (c) to become entitled to basic educational assistance
under this chapter.
‘‘(2) The Secretary concerned may permit an indi-
vidual to elect to become entitled to basic educational assist-
ance under this section only if sufficient funds are available
in accordance with this section for purposes of payments
by the Secretary of Defense into the Department of Defense
322
HR 4205 EAS
Education Benefits Fund under section 2006 of title 10
with respect to such election.
‘‘(3) An individual who makes an election to become
entitled to basic educational assistance under this section
shall be entitled to basic educational assistance under this
chapter.
‘‘(b) An individual eligible to be permitted to make
an election under this section is an individual who—
‘‘(1) either—
‘‘(A)(i) is a participant on the date of the
enactment of this section in the educational bene-
fits program provided by chapter 32 of this title;
or
‘‘(ii) disenrolled from participation in that
program before that date; or
‘‘(B) has made an election under section
3011(c)(1) or 3012(d)(1) of this title not to re-
ceive educational assistance under this chapter
and has not withdrawn that election under sec-
tion 3018(a) of this title as of that date;
‘‘(2) is serving on active duty (excluding periods
referred to in section 3202(1)(C) of this title in the
case of an individual described in paragraph (1)(A))
on that date; and
323
HR 4205 EAS
‘‘(3) before applying for benefits under this sec-
tion, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has suc-
cessfully completed the equivalent of 12 semester hours
in a program of education leading to a standard col-
lege degree.
‘‘(c) An individual permitted to make an election
under this section to become entitled to basic educational
assistance under this chapter shall make an irrevocable elec-
tion to receive benefits under this section in lieu of benefits
under chapter 32 of this title or withdraw the election made
under section 3011(c)(1) or 3012(d)(1) of this title, as the
case may be, pursuant to procedures which the Secretary
of each military department shall provide in accordance
with regulations prescribed by the Secretary of Defense for
the purpose of carrying out this section or which the Sec-
retary of Transportation shall provide for such purpose
with respect to the Coast Guard when it is not operating
as a service in the Navy.
‘‘(d)(1) Except as provided in paragraphs (2) and (3),
in the case of an individual who makes an election under
this section to become entitled to basic educational assist-
ance under this chapter, the basic pay of the individual
shall be reduced (in a manner determined by the Secretary
324
HR 4205 EAS
of Defense) until the total amount by which such basic pay
is reduced is—
‘‘(A) $1,200, in the case of an individual de-
scribed in subsection (b)(1)(A); or
‘‘(B) $1,500, in the case of an individual de-
scribed in subsection (b)(1)(B).
‘‘(2) In the case of an individual previously enrolled
in the educational benefits program provided by chapter 32
of this title, the total amount of the reduction in basic pay
otherwise required by paragraph (1) shall be reduced by an
amount equal to so much of the unused contributions made
by the individual to the Post-Vietnam Era Veterans Edu-
cation Account under section 3222(a) of this title as do not
exceed $1,200.
‘‘(3) An individual may at any time pay the Secretary
concerned an amount equal to the difference between the
total of the reductions otherwise required with respect to
the individual under this subsection and the total amount
of the reductions made with respect to the individual under
this subsection as of the time of the payment.
‘‘(4) The Secretary concerned shall transfer to the Sec-
retary of Defense amounts retained with respect to individ-
uals under paragraph (1) and amounts, if any, paid by
individuals under paragraph (3).
325
HR 4205 EAS
‘‘(e)(1) An individual who is enrolled in the edu-
cational benefits program provided by chapter 32 of this
title and who makes the election described in subsection (c)
shall be disenrolled from the program as of the date of such
election.
‘‘(2) For each individual who is disenrolled from such
program, the Secretary shall transfer to Secretary of De-
fense any amounts in the Post-Vietnam Era Veterans Edu-
cation Account that are attributable to the individual, in-
cluding amounts in the Account that are attributable to the
individual by reason of contributions made by the Secretary
of Defense under section 3222(c) of this title.
‘‘(f) With respect to each individual electing under this
section to become entitled to basic educational assistance
under this chapter, the Secretary concerned shall transfer
to the Secretary of Defense, from appropriations for mili-
tary personnel that are available for transfer, an amount
equal to the difference between—
‘‘(1) the amount required to be paid by the Sec-
retary of Defense into the Department of Defense
Education Benefits Fund with respect to such elec-
tion; and
‘‘(2) the aggregate amount transferred to the Sec-
retary of Defense with respect to the individual under
subsections (d) and (e).
326
HR 4205 EAS
‘‘(g) The Secretary of Defense shall utilize amounts
transferred to such Secretary under this section for purposes
of payments into the Department of Defense Education
Benefits Fund with respect to the provision of benefits
under this chapter for individuals making elections under
this section.
‘‘(h)(1) The requirements of sections 3011(a)(3) and
3012(a)(3) of this title shall apply to an individual who
makes an election under this section, except that the comple-
tion of service referred to in such section shall be the comple-
tion of the period of active duty being served by the indi-
vidual on the date of the enactment of this section.
‘‘(2) The procedures provided in regulations referred
to in subsection (c) shall provide for notice of the require-
ments of subparagraphs (B), (C), and (D) of section
3011(a)(3) of this title and of subparagraphs (B), (C), and
(D) of section 3012(a)(3) of this title. Receipt of such notice
shall be acknowledged in writing.
‘‘(i)(1) Not later than January 31, 2002, and each
year thereafter, each Secretary concerned shall submit to
the Committees on Armed Services of the Senate and House
of Representatives a report on the members of the Armed
Forces under the jurisdiction of such Secretary who were
permitted to elect to become entitled to basic educational
assistance under this section during the preceding year.