I
106TH CONGRESS
2D SESSION
H. R. 4205
To authorize appropriations for fiscal year 2001 for military activities of
the Department of Defense and for military construction, to prescribe
military personnel strengths for fiscal year 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 2000
Mr. SPENCE (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense and for military
construction, to prescribe military personnel strengths
for fiscal year 2001, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2001’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
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DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Subtitle B—Multi-Year Contract Authorizations
Sec. 111. Multiyear Procurement Authority for Certain Army Programs.
Sec. 112. Multiyear Procurement Authority for the DDG51.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201.
Authorization of Appropriatons.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and Maintenance Funding.
Sec. 302. Working Capital Funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfers from the National Defense Stockpile Transaction Fund.
Subtitle B—Environmental Provisions
Sec. 311. Reimbursement for Certain Costs in Connection with the Former
Nansemond Ordnance Depot Site, in Suffolk, Virginia.
Sec. 312. Payment of Fines or Penalties Imposed for Environmental Violations.
Subtitle C—Other Matters
Sec. 321. Reimbursement by Civil Air Carriers for Support Provided at John-
ston Atoll.
Sec. 322. Use of Excess Titanium Sponge in the National Defense Stockpile for
Manufacturing Department of Defense Equipment.
Sec. 323. Clarification and Extension of Pilot Program for Acceptance and Use
of Landing Fees Charged for Use of Domestic Military Air-
fields by Civil Aircraft.
Sec. 324. Economic Distribution of Distilled Spirits.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End Strengths for Active Forces.
Subtitle B—Reserve Forces
Sec. 411. End Strengths for Selective Reserve.
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Sec. 412. End Strengths for Reserves on Active Duty in Support of the Re-
serves.
Sec. 413. End Strengths for Military Technicians (Dual Status).
Sec. 414. Increase in Number of Members in Certain Grades Authorized to be
on Active Duty in Support of the Reserves.
Sec. 415. Active Duty End Strength Exemption for Performing Funeral Hon-
ors Functions.
Sec. 416. Excluding Certain Reserve Component Members on Active Duty for
181 Days or More from Active Component End Strengths.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authority to Retain Chaplains and Officers in Medical Specialties
Until Specified Age.
Sec. 502. Clarification of Authority for Posthumous Commissions.
Sec. 503. Release of Officer Promotion Selection Board Reports.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Exemption of Certain Reserve Component General and Flag Officers,
Serving in Joint Duty Assignments, from the Active Duty List
for Promotion Purposes.
Sec. 512. Authority to Temporarily Increase the Number of Officers Serving on
Active Duty or Full-Time National Guard Duty in Certain
Controlled Grades.
Sec. 513. Authority to Temporarily Increase the Number of Enlisted Personnel
Serving on Active Duty or Full-Time National Guard Duty in
Certain Controlled Grades.
Sec. 514. Exemption of Medical and Dental Officers from Counting in Grade
Strengths.
Sec. 515. Reserve Officer Promotion Authority.
Sec. 516. Continuation of Officers on the Reserve Active Status List.
Sec. 517. Technical Correction to Retired Grade Rule.
Subtitle C—Education and Training
Sec. 521. Repeal of Contingent Funding for Junior Reserve Officers Training
Corps.
Sec. 522. National Guard Challenge Program.
Subtitle D—Decorations, Awards, and Commendations
Sec. 531. Authority for Award of the Medal of Honor to Ed W. Freeman for
Valor during Vietnam.
Sec. 532. Authority for Award of the Medal of Honor to Andrew J. Smith for
Valor During the Civil War.
Subtitle E—Joint Management
Sec. 541. Changes to the Joint Specialty Officer Program to Improve Utility
and Streamline Management.
Sec. 542. Promotion Policy Objectives for Joint Officers.
Sec. 543. Changes to Eligibility for Capstone, Post-education Placement Re-
quirements, and Length of Armed Forces Staff College Courses
and Armed Forces Staff College Provision of Instruction at
Other Sites and in Other Dimension.
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Sec. 544. Modification to the Length of Joint Duty Assignments.
Sec. 545. Change to the Joint Staff Role in Monitoring Joint Officers to Add
Flexibility.
Sec. 546. Modifications to the Annual Report to Congress to Highlight Key In-
dicators of Compliance.
Sec. 547. Modifications to Definition of Qualifying Joint Service to Improve
Management of Officers in Joint Activities.
Sec. 548. Modifications to Waivers and Exceptions to the Requirement for a
Joint Duty Assignment Before Promotion to General or Flag
Grade to Reduce Waivers.
Subtitle F—Selection Board Appeals
Sec. 551. Remedy in Cases involving Certain Selection Boards.
Sec. 552. Existing Jurisdiction.
Sec. 553. Effective Date.
Subtitle G—Other Matters
Sec. 561. Exemption of Retiree Council Members from Recalled Retiree Limits.
Sec. 562. Tenure Requirement for Critical Acquisition Positions.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Bonuses and Special and Incentive Pays
Sec. 601. Aviation Career Incentive Pay—Authorize Secretaries to Delegate
Authority to Waive Operational Flying Duty Requirements.
Sec. 602. Improved Consistency of Special Pay for Reserve Medical and Dental
Officers.
Sec. 603. Funeral Honors Duty Compensation.
Sec. 604. Extension of Authorities Relating to Payment of Other Bonuses and
Special Pays.
Sec. 605. Extension of Certain Bonuses and Special Pay Authorities for Re-
serve Forces.
Sec. 606. Extension of Certain Bonuses and Special Pay Authorities for Nurse
Officer Candidates, Registered Nurses, and Nurse Anesthetists.
Subtitle B—Travel and Transportation Allowances
Sec. 611. Revision to the Travel Management Allowance For Temporary Lodg-
ing Expenses.
Sec. 612. Changes in the Administration of Baggage And Household Goods
Moves Payment for Savings in Shipping less Than Authorized
Weights.
Sec. 613. Advance Payment of Temporary Lodging Allowance.
Sec. 614. Changes in the Administration of Motor Vehicle Transportation or
Storage.
Subtitle C—Other Matters
Sec. 631. Eligibility for Presidential Appointment to a Service Academy for
Children of Reserve Personnel.
Sec. 632. Personal Money Allowance for Senior Enlisted Members.
Sec. 633. Increase in Uniform Allowance for Officers.
Sec. 634. Revision of Authority to Prescribe the Quantity and Kind of Clothing
to be Furnished Annually to Enlisted Members (or Allowance
in lieu Thereof).
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TITLE VII—HEALTH CARE PROVISIONS
Sec. 701. Medical and Dental Care for Medal of Honor Recipients.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 801. Multiyear Contract: Acquisition of Property.
Sec. 802. Elimination of the Requirement to Furnish Written Assurances of
Technical Data Conformity.
Sec. 803. Elimination of Subcontract Notification Requirements.
Sec. 804. Certainty in Application of Cost Principles.
Sec. 805. Authorization for Contract Participation in Testing Defense Acquisi-
tion Programs.
Sec. 806. Use of Indefinite Delivery Contracts.
Subtitle B—Other Matters
Sec. 811. Price Preference Adjustments in Selected Industry Categories.
Sec. 812. Revision to Definition of Conventional Ammunition for Single Man-
ager Procurement.
Sec. 813. Technical Data Rights for Items Developed Exclusively at Private
Expense.
Sec. 814. Waiver of Live-Fire Survivability Testing MH–47E/MH–60K Heli-
copter Modification Programs.
Sec. 815. Repeal of Certification of Funding for Support Costs in the Five
Year Defense Program.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Department of Defense Organization
Sec. 901. Change of Name for Certain Officials of the Headquarters, Marine
Corps.
Sec. 902. Amendment to Broaden the Definition of Inspector General and to
Clarify Reponsibilities.
Subtitle B—Other Matters
Sec. 911. To Consolidate Various Department of the Navy Trust and Gift
Funds.
Sec. 912. Disposition of Gifts to the Naval Academy.
Sec. 913. Pilot Program for Payment of Retraining and Relocation Expenses.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Administrative Offsets for Transportation Overcharges.
Sec. 1002. Date for Submittal of Joint Report on Scoring of Budget Outlays.
Sec. 1003. Codification of Annual Recurring Appropriations Act General Provi-
sion for Reimbursements Related to Certain Reserve Intel-
ligence or Counterintelligence Support.
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Subtitle B—Humanitarian and Civil Assistance
Sec. 1011. Clarification of Authority to Provide Humanitarian and Civic Assist-
ance.
Sec. 1012. Authority to Pay Certain Expenses Relating to Humanitarian and
Civil Assistance for Clearance of Landmines.
Subtitle C—Miscellaneous Reporting Requirements and Repeals
Sec. 1015. Repeal of Reporting Requirement for B–2.
Sec. 1016. Amendment to National Guard and Reserve Component Equipment:
Annual Report to Congress.
Subtitle D—Other Matters
Sec. 1021. Recognition of Military Testamentary Instruments.
Sec. 1022. Cooperative Military Airlift Agreements; Allied Countries.
Sec. 1023. Chemical Weapons Destruction Facility in Russia.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 1999
project.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Navy construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
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TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Sec. 2801. Real property transactions: reports to congressional committees.
Sec. 2802. Definition of an armory.
Sec. 2803. Extension of authority for military housing privatization initiative.
Sec. 2804. Reimbursement for services provided under housing privatization
agreements.
Sec. 2805. Leasing of military family housing, United States Southern Com-
mand, Miami, Florida.
Sec. 2806. Revision of limitations on space by pay grade.
Sec. 2807. Modification to authority for land conveyance, Marine Corps Air
Station, El Toro, California.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Army as follows:
(1) For aircraft, $1,323,262,000.
(2) For missiles, $1,295,728,000.
(3) For weapons and tracked combat vehicles,
$1,874,638,000.
(4) For ammunition, $1,131,323,000.
(5) For other procurement, $3,795,870,000.
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SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2001 for procurement for the Navy
as follows:
(1) For aircraft, $7,963,858,000.
(2) For weapons, including missiles and tor-
pedoes, $1,434,250,000.
(3) 
For 
shipbuilding 
and 
conversion,
$12,296,919,000.
(4) For procurement of ammunition for the
Navy and the Marine Corps, $429,649,000.
(5) For other procurement, $3,334,611,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2001 for procurement for
the Marine Corps in the amount of $1,171,935,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $9,539,602,000.
(2) For missiles, $3,061,715,000.
(3) 
For 
procurement 
of 
ammunition,
$638,808,000.
(4) For other procurement, $7,699,127,000.
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SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for defense-wide procurement in the
amount of $2,275,308,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Defense Inspec-
tor General in the amount of $3,300,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the Department of Defense for pro-
curement for carrying out health care programs, projects,
and activities of the Department of Defense in the total
amount of $290,006,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fis-
cal year 2001 in the amount of $1,003,500,000 for—
(1) the destruction of lethal chemical weapons
in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C.
1521); and
(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
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Subtitle B—Multi-Year Contract
Authorizations
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR
CERTAIN ARMY PROGRAMS.
Beginning with the fiscal year 2001 program year,
the Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into multi-
year contracts for procurement of the following:
(1) The M2A3 Bradley Fighting Vehicle.
(2) The UH/60–CH/60 helicopter.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR THE
DDG–51.
Beginning with the fiscal year 2001 program year,
the Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into a multi-
year contract for procurement of the DDG–51.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the use of the Armed Forces for re-
search, development, test, and evaluation, as follows:
(1) For the Army, $5,260,346,000.
(2) For the Navy, $8,476,677,000.
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(3) For the Air Force, $13,685,576,000.
(4) For Defense-wide research, development,
test, and evaluation, $10,439,802,000, of which
$201,560,000 is authorized for the Director of Oper-
ational Test and Evaluation.
(5) 
For 
the 
Defense 
Health 
Program,
$65,880,000.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the use of the Armed Forces of the
United States and other activities and agencies of the De-
partment of Defense, for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $19,123,731,000.
(2) For the Navy, $23,300,154,000.
(3) For the Marine Corps, $2,705,658,000.
(4) For the Air Force, $22,346,977,000.
(5) 
For 
the 
Defense-wide 
activities,
$11,920,069,000.
(6) For the Army Reserve, $1,521,418,000.
(7) For the Naval Reserve, $960,946,000.
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(8) 
For 
the 
Marine 
Corps 
Reserve,
$133,959,000.
(9) For the Air Force Reserve, $1,885,859,000.
(10) 
For 
the 
Army 
National 
Guard,
$3,182,335,000.
(11) 
For 
the 
Air 
National 
Guard,
$3,446,375,000.
(12) For the Defense Inspector General,
$144,245,000.
(13) For the United States Court of Appeals
for the Armed Forces, $8,574,000.
(14) For Environmental Restoration, Army,
$389,932,000.
(15) For Environmental Restoration, Navy,
$294,038,000.
(16) For Environmental Restoration, Air Force,
$376,300,000.
(17) For Environmental Restoration, Defense-
wide, $23,412,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $186,499,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $64,900,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $836,300,000.
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(21) For the Kaho’olawe Island Conveyance,
Remediation, and Environmental Restoration Trust
Fund, $25,000,000.
(22) 
For 
the 
Defense 
Health 
Program,
$11,244,543,000.
(23) For Cooperative Threat Reduction pro-
grams, $458,400,000.
(24) For Overseas Contingency Operations
Transfer Fund, $4,100,577,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the use of the Armed Forces of the
United States and other activities and agencies of the De-
partment of Defense for providing capital for working cap-
ital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$916,276,000.
(2) For the National Defense Sealift Fund,
$388,158,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 2001 from the Armed Forces Retirement Home
Trust Fund the sum of $69,832,000 for the operation of
the Armed Forces Retirement Home, including the United
States Soldiers’ and Airmen’s Home and the Naval Home.
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SEC. 304. TRANSFERS FROM THE NATIONAL DEFENSE
STOCKPILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided
in appropriations Acts not more than $150,000,000 is au-
thorized to be transferred from the National Defense
Stockpile Transaction Fund to operation and maintenance
accounts for fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for
the same purposes and the same period as, the
amounts in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
Subtitle B—Environmental
Provisions
SEC. 311. REIMBURSEMENT FOR CERTAIN COSTS IN CON-
NECTION WITH THE FORMER NANSEMOND
ORDNANCE DEPOT SITE, IN SUFFOLK, VIR-
GINIA.
(a) AUTHORITY TO REIMBURSE EPA.—The Sec-
retary of Defense may pay not more than $98,210.00,
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using funds described in subsection (b), to the Former
Nansemond Ordnance Depot Site Special Account within
the Hazardous Substance Superfund established by sec-
tion 9507 of the Internal Revenue Code of 1986 (26
U.S.C. 9507) to reimburse the Environmental Protection
Agency for costs incurred by the agency in overseeing a
time critical removal action (TCRA) under CERCLA
being performed by DoD under the Defense Environ-
mental Restoration Program (10 U.S.C. 2701) for ord-
nance and explosive safety hazards at the Former
Nansemond Ordnance Depot Site in Suffolk, Virginia,
pursuant to an Interagency Agreement, entered into by
the Department of the Army and the Environmental Pro-
tection Agency on January 3, 2000.
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using amounts authorized to be
appropriated by section 301 to Environmental Restora-
tion, Formerly Used Defense Sites.
(c) CERCLA DEFINED.—In this section, the term
‘‘CERCLA’’ means the Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
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SEC. 312. PAYMENT OF FINES OR PENALTIES IMPOSED FOR
ENVIRONMENTAL VIOLATIONS.
The Secretary of the Military Department concerned
may pay from funds otherwise available for such purposes
not more than the following amounts at the locations and
for the purposes indicated below:
(1) For the Department of the Army:
(A) $993,000 for Walter Reed Army Med-
ical Center, Washington, D.C., under the Re-
source Conservation and Recovery Act, in satis-
faction of a fine imposed by Environmental
Protection Agency Region 3, for a Supple-
mental Environmental Project.
(B) $377,250 for Fort Campbell, Ken-
tucky, under the Resource Conservation and
Recovery Act, in satisfaction of a fine imposed
by Environmental Protection Agency Region 4,
for a Supplemental Environmental Project.
(C) $20,701 for Fort Gordon, Georgia,
under the Resource Conservation and Recovery
Act, in satisfaction of a fine imposed by the
State of Georgia, for a Supplemental Environ-
mental Project.
(D) $78,500 for Pueblo Chemical Depot,
Colorado, under the Resource Conservation and
Recovery Act, in satisfaction of a fine imposed
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by the State of Colorado, for Supplemental En-
vironmental Projects.
(E) $20,000 for Deseret Chemical Depot,
Utah, under the Resource Conservation and Re-
covery Act, in satisfaction of a fine imposed by
the State of Utah, for a Supplemental Environ-
mental Project.
(2) For the Department of the Navy:
(A) $108,800 for Allegany Ballistics Lab-
oratory, West Virginia, under the Resource
Conservation and Recovery Act, to the West
Virginia Division of Environmental Protection
to pay a cash penalty.
(B) $5,000 for Naval Air Station, Corpus
Christi, Texas, under the Clean Air Act, to En-
vironmental Protection Agency Region 6, to pay
a cash penalty.
Subtitle C—Other Matters
SEC. 321. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR
SUPPORT PROVIDED AT JOHNSTON ATOLL.
(a) IN GENERAL.—Chapter 949 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
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‘‘(d) DISPOSITION OF PAYMENTS.—Notwithstanding
any other provision of law, amounts collected from a civil
air carrier under this section shall be credited to the ap-
propriations under which the costs associated with the
support were incurred. Amounts so credited shall be avail-
able for obligation for the same period as the appropria-
tion to which credited.
‘‘(e) PAY-AS-YOU-GO SCORING.—From the cash pro-
ceeds resulting from services provided to civil air carriers
at Johnston Atoll under the authorities provided by this
section, for which the Air Force does not have existing
authority to retain, up to the following amounts shall be
transferred to Miscellaneous Receipts in the Treasury:
‘‘(1) In FY 2001, $219,000;
‘‘(2) In FY 2002, $219,000;
‘‘(3) In FY 2003, $219,000;
‘‘(4) In FY 2001, $219,000; and
‘‘(5) In FY 2001, $219,000.’’.
(b) CLERICAL AMENDMENTS.—The table of sections
at the beginning of chapter 949, United States Code, is
amended by adding at the end the following new item:
‘‘9783. Reimbursement by civil air carriers for support provided at Johnston
Atoll.’’.
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SEC. 322. USE OF EXCESS TITANIUM SPONGE IN THE NA-
TIONAL DEFENSE STOCKPILE FOR MANUFAC-
TURING DEPARTMENT OF DEFENSE EQUIP-
MENT.
(a) TRANSFER AUTHORIZED.—Upon the request of
the Secretary of a Military Department or the Director
of a Defense Agency, the Secretary of Defense may trans-
fer excess titanium sponge from the stocks of the National
Defense Stockpile for use in manufacturing defense equip-
ment.
(b) NON-REIMBURSABLE.—Transfer under this sec-
tion shall be without a requirement to reimburse the Na-
tional Defense Stockpile Transaction Fund. The recipient
Military Department shall pay all transportation and re-
lated costs incurred in connection with the transfer.
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The quantity of titanium sponge transferred under
this section may not exceed the amount identified as ex-
cess in section 3304 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85, 111 Stat.
2057). Transfers to the Secretary of the Army pursuant
to section 3305 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106, 110 Stat.
630) take precedence over transfers under this section.
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SEC. 323. CLARIFICATION AND EXTENSION OF PILOT PRO-
GRAM FOR ACCEPTANCE AND USE OF LAND-
ING FEES CHARGED FOR USE OF DOMESTIC
MILITARY AIRFIELDS BY CIVIL AIRCRAFT.
Section 377 of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999, Public Law
105–261, is amended as follows:
(1) in subsection (a)—
(A) by striking ‘‘1999 and 2000’’ and in-
serting ‘‘2001, 2002, and 2003’’; and
(B) by striking the last sentence of such
subsection and inserting ‘‘Authority to carry
out a pilot program under this section shall ter-
minate September 30, 2003.’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) LANDING FEES DEFINED.—For purposes of
this section, the term ‘landing fees’ shall mean any fee
established under or in accordance with regulations of the
military department concerned, whether prescribed by fee
schedule or imposed under a joint-use agreement, to re-
cover costs for civil aircraft use of the department’s air-
fields in the United States, its territories and posses-
sions.’’;
(3) in subsection (c), by striking ‘‘Amounts re-
ceived for a fiscal year in payment of landing fees
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imposed’’ and inserting ‘‘Landing fees collected.’’;
and
(4) in subsection (d)—
(A) by striking ‘‘March 31, 2000’’, and in-
serting ‘‘March 31, 2003,’’; and
(B) by striking ‘‘December 31, 1999’’ and
inserting ‘‘December 31, 2002.’’.
SEC. 324. ECONOMIC DISTRIBUTION OF DISTILLED SPIRITS.
Subsection 2488(c) of title 10, United States Code,
is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as para-
graph (2).
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
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Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 2001, as follows:
(1) The Army National Guard of the United
States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,500.
(5) The Air National Guard of the United
States, 108,000.
(6) The Air Force Reserve, 74,300.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
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pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased pro-
portionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 2001, the following num-
ber of Reserves to be serving on full-time active duty or,
in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, ad-
ministering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United
States, 22,448.
(2) The Army Reserve, 12,806.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,203.
(5) The Air National Guard of the United
States, 11,148.
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(6) The Air Force Reserve, 1,278.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.
The Reserve Components of the Army and the Air
Force are authorized strengths for military technicians as
of September 30, 2001, as follows:
(1) For the Army Reserve, 6,444.
(2) For the Army National Guard of the United
States, 23,957.
(3) For the Air Force Reserve, 9,733.
(4) For the Air National Guard of the United
States, 22,547.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN
GRADES AUTHORIZED TO BE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS.—The table in section 12022(a) of title
10, United States Code, is amended to read as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
Major or Lieutenant Commander ..
3,227
1,071
998
140
Lieutenant Colonel or Commander
1,611
520
818
Colonel or Navy Captain ...............
471
188
300
30’’
(b) SENIOR ENLISTED MEMBERS.—The table in sec-
tion 12012(a) of title 10, United States Code, is amended
to read as follows:
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‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 ................................................
645
202
473
E–8 ................................................
2,593
429
1,108
94’’
SEC. 415. ACTIVE DUTY END STRENGTH EXEMPTION FOR
PERFORMING 
FUNERAL 
HONORS 
FUNC-
TIONS.
Section 115(d) of title 10, United States Code, is
amended by adding at the end the following new para-
graphs:
‘‘(9) Members of reserve components on active
duty to prepare for and to perform funeral honors
functions for funerals of veterans in accordance with
section 1491 of this title.
‘‘(10) Members on full-time National Guard
duty to prepare for and to perform funeral honors
functions for funerals of veterans in accordance with
section 1491 of this title.’’.
SEC. 416. EXCLUDING CERTAIN RESERVE COMPONENT
MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR
MORE 
FROM 
ACTIVE 
COMPONENT 
END
STRENGTHS.
Section 115(d) of title 10, United States Code, is
amended by adding at the end the following new para-
graph:
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‘‘(9) Members of reserve components on active
duty for 181 days or more to perform special work
in support of the armed forces (other than the Coast
Guard) and the combatant commands not to exceed
two tenths of one percent of authorized active duty
personnel.’’.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel
Policy
SEC. 501. AUTHORITY TO RETAIN CHAPLAINS AND OFFI-
CERS IN MEDICAL SPECIALTIES UNTIL SPECI-
FIED 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
reserve officer who is designated as a medical offi-
cer, dental officer, Air Force nurse, Medical Service
Corps officer, biomedical sciences officer or chap-
lain.’’.
SEC. 502. CLARIFICATION OF AUTHORITY FOR POST-
HUMOUS COMMISSIONS.
Section 1521(a)(3) of title 10, United States Code,
is amended by inserting ‘‘(whether before or after the
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member’s death)’’ after ‘‘was approved by the Secretary
concerned’’.
SEC. 503. RELEASE OF OFFICER PROMOTION SELECTION
BOARD REPORTS.
(a) ACTIVE-DUTY LIST OFFICER BOARDS.—Section
618(e) of title 10, United States Code, is amended by
striking the first sentence and inserting the following:
‘‘Upon transmittal to the President of the report of a se-
lection board that considered officers for promotion to a
grade below brigadier general or rear admiral (lower half),
the names of the officers recommended for promotion by
the selection board (other than any name deferred from
transmittal) may be disseminated to the armed force con-
cerned.’’.
(b) 
RESERVE
ACTIVE-STATUS
LIST
OFFICER
BOARDS.—Section 14112 of title 10, United States Code,
is amended by striking the first sentence and inserting the
following: ‘‘Upon transmittal to the President of the re-
port of a selection board that considered officers for pro-
motion to a grade below brigadier general or rear admiral
(lower half), the names of the officers recommended for
promotion by the selection board (other than any name
deferred from transmittal) may be disseminated to the
armed force concerned.’’.
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Subtitle B—Reserve Component
Personnel Policy
SEC. 511. EXEMPTION OF CERTAIN RESERVE COMPONENT
GENERAL AND FLAG OFFICERS, SERVING IN
JOINT DUTY ASSIGNMENTS, FROM THE AC-
TIVE DUTY LIST FOR PROMOTION PURPOSES.
Section 641(1)(B) of title 10 is amended by inserting
‘‘526(b)(2)(A),’’ after ‘‘section’’ the first time such term
appears in the subparagraph.
SEC. 512. AUTHORITY TO TEMPORARILY INCREASE THE
NUMBER OF OFFICERS SERVING ON ACTIVE
DUTY OR FULL-TIME NATIONAL GUARD DUTY
IN CERTAIN CONTROLLED GRADES.
Section 12011 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) Upon a determination by the Secretary of De-
fense that such action is in the national interest, the Sec-
retary may increase the number of officers serving in any
grade for a fiscal year pursuant to subsection (a) by not
more than the percent authorized by the Secretary under
section 115(c)(2) of this title.’’.
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SEC. 513. AUTHORITY TO TEMPORARILY INCREASE THE
NUMBER OF ENLISTED PERSONNEL SERVING
ON ACTIVE DUTY OR FULL-TIME NATIONAL
GUARD 
DUTY 
IN 
CERTAIN 
CONTROLLED
GRADES.
Section 12012 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) Upon determination by the Secretary of Defense
that such action is in the national interest, the Secretary
may increase the number of enlisted members serving in
any grade for a fiscal year pursuant to subsection (a) by
not more than the percent authorized by the Secretary
under section 115(c)(2) of this title.’’.
SEC. 514. EXEMPTION OF MEDICAL AND DENTAL OFFICERS
FROM COUNTING IN GRADE STRENGTHS.
Section 12005(a)(1) of title 10, United States Code,
is amended by adding at the end the following: ‘‘Medical
officers and dental officers shall be excluded in computing
and determining the authorized strengths under this sub-
section.’’.
SEC. 515. RESERVE OFFICER PROMOTION AUTHORITY.
Section 641(1) of title 10, United States Code, is
amended:
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(1) 
by 
redesignating 
subparagraphs 
(D)
through (G) as subparagraphs (E) through (H), re-
spectively; and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) who is currently on the Reserve Ac-
tive Status List and is ordered to active duty
under section 12301(d) of this title, other than
as provided in subparagraph (C), for a period
of three years or less;’’.
SEC. 516. CONTINUATION OF OFFICERS ON THE RESERVE
ACTIVE STATUS LIST.
Section 14701(a) of title 10, United States Code, is
amended by striking ‘‘Upon application, a reserve officer’’
and inserting ‘‘A reserve officer’’.
SEC. 517. TECHNICAL CORRECTION TO RETIRED GRADE
RULE.
(a) ARMY.—Section 3961(a) of title 10, United
States Code, is amended by striking ‘‘or for nonregular
service under chapter 1223 of this title,’’.
(b) AIR FORCE.—Section 8961(a) of title 10, United
States Code, is amended by striking ‘‘or for nonregular
service under chapter 1223 of this title,’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply to Reserve commis-
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sioned officers who are promoted to a higher grade as a
result of selection for promotion under chapter 36 or chap-
ter 1405 of title 10, United States Code, or having been
found qualified for federal recognition in a higher grade
under chapter 3 of title 32, United States Code, after Oc-
tober 5, 1994.
Subtitle C—Education and
Training
SEC. 521. REPEAL OF CONTINGENT FUNDING FOR JUNIOR
RESERVE OFFICERS TRAINING CORPS.
(a) IN GENERAL.—Section 2033 of title 10, United
States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by striking
the item relating to section 2033.
SEC. 522. NATIONAL GUARD CHALLENGE PROGRAM.
Section 509(b) of title 32, United States Code, is
amended by striking ‘‘, except that Federal expenditures
under the program may not exceed $50,000,000 for any
fiscal year’’.
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Subtitle D—Medal of Honor
Recipients
SEC. 531. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR TO ED W. FREEMAN FOR VALOR DUR-
ING VIETNAM.
(a) WAIVER
OF
TIME
LIMITATIONS.—Notwith-
standing the time limitations specified in section 3744 of
title 10, United States Code, or any other time limitation
with respect to the awarding of certain medals to persons
who served in the military service, the President may
award the Medal of Honor under section 3741 of that title
to Ed W. Freeman, of Boise, Idaho, for the acts of valor
referred to in subsection (b).
(b) ACTION DESCRIBED.—The acts of valor referred
to in subsection (a) are the actions of Ed W. Freeman
on November 14, 1965, as a flight leader and second in
command of a 16-helicopter lift unit, serving in the grade
of Captain at landing zone X-Ray in the battle of the
IaDrang Valley, Republic of Vietnam, with Alpha Com-
pany, 229 Assault Helicopter Battalion, 101st Cavalry Di-
vision (Airmobile).
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Subtitle F—Selection Board
Appeals
SEC. 551. REMEDY IN CASES INVOLVING CERTAIN SELEC-
TION BOARDS.
(a) Chapter 79 of title 10, United States Code, is
amended by adding after section 1557 a new section 1558,
to read as follows:
§ 1558. Remedy in cases involving selection boards
‘‘(a) Notwithstanding any other provision of law, the
remedies prescribed by this section shall be the sole and
exclusive remedies available to a person challenging for
any reason the action or recommendation of a selection
board.
‘‘(b) A person challenging for any reason the action
or recommendation of a selection board, shall not be enti-
tled to relief in any judicial proceeding unless he has first
been considered by a special board under this section, or
has been denied such consideration by the Secretary con-
cerned. A decision by the Secretary concerned to deny
such consideration shall be subject to judicial review only
for procedural error or on the basis that such decision is
arbitrary, capricious or otherwise contrary to law. A rec-
ommendation by a special board or a decision resulting
from such recommendation shall be subject to judicial re-