154
under subsection (a) of the service records of any Jewish
American war veteran or Hispanic American war veteran,
that the award of the Medal of Honor to that veteran is
warranted, the Secretary shall submit to the President a
recommendation that the President award the Medal of
Honor to that veteran.
(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A
Medal of Honor may be awarded to a Jewish American
war veteran or Hispanic American war veteran in accord-
ance with a recommendation of the Secretary concerned
under subsection (a).
(f) WAIVER OF TIME LIMITATIONS.—An award of
the Medal of Honor may be made under subsection (e)
without regard to—
(1) section 3744, 6248, or 8744 of title 10,
United States Code, as applicable; and
(2) any regulation or other administrative re-
striction on—
(A) the time for awarding the Medal of
Honor; or
(B) the awarding of the Medal of Honor
for service for which a Distinguished Service
Cross, Navy Cross, or Air Force Cross has been
awarded.
155
(g) DEFINITION.—For purposes of this section, the
term ‘‘Jewish American war veteran’’ means any person
who served in the Armed Forces during World War II or
a later period of war and who identified himself or herself
as Jewish on his or her military personnel records.
SEC. 543. AUTHORITY TO ISSUE DUPLICATE MEDAL OF
HONOR.
(a) ARMY.—(1) Chapter 357 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 3754. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary of the Army may deter-
mine, as a duplicate or for display purposes only.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘3754. Medal of honor: duplicate medal.’’.
(b) NAVY.—(1) Chapter 567 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
156
‘‘§ 6256. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary of the Navy may deter-
mine, as a duplicate or for display purposes only.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘6256. Medal of honor: duplicate medal.’’.
(c) AIR FORCE.—(1) Chapter 857 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 8754. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary of the Air Force may
determine, as a duplicate or for display purposes only.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘8754. Medal of honor: duplicate medal.’’.
157
(d) COAST GUARD.—(1) Chapter 13 of title 14,
United States Code, is amended by inserting after section
503 the following new section:
‘‘§ 504. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary may determine, as a du-
plicate or for display purposes only.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 503 the following new item:
‘‘504. Medal of honor: duplicate medal.’’.
(e) DEFINITION OF MEDAL OF HONOR FOR PUR-
POSES OF FEDERAL UNAUTHORIZED-USE CRIME.—Sec-
tion 704(b)(2)(B) of title 18, United States Code, is
amended to read as follows:
‘‘(B) As used in this subsection, ‘Congressional
Medal of Honor’ means—
‘‘(i) a medal of honor awarded under sec-
tion 3741, 6241, or 8741 of title 10 or section
491 of title 14;
‘‘(ii) a duplicate medal of honor issued
under section 3754, 6256, or 8754 of title 10
or section 504 of title 14; or
158
‘‘(iii) a replacement of a medal of honor
provided under section 3747, 6253, or 8747 of
title 10 or section 501 of title 14.’’.
SEC. 544. AUTHORITY TO REPLACE STOLEN MILITARY
DECORATIONS.
(a) ARMY, NAVY, AND AIR FORCE.—Sections 3747,
6253, and 8747 of title 10, United States Code, are each
amended by striking ‘‘lost or destroyed’’ and inserting
‘‘stolen, lost, or destroyed’’.
(b) COAST GUARD.—Section 501 of title 14, United
States Code, is amended by inserting ‘‘stolen,’’ before
‘‘lost,’’.
SEC. 545. WAIVER OF TIME LIMITATIONS FOR AWARD OF
NAVY DISTINGUISHED FLYING CROSS TO
CERTAIN PERSONS.
(a) WAIVER.—Any limitation established by law or
policy for the time within which a recommendation for the
award of a military decoration or award must be sub-
mitted shall not apply to awards of decorations described
in this section, the award of each such decoration having
been determined by the Secretary concerned to be war-
ranted in accordance with section 1130 of title 10, United
States Code.
(b) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to the award of the Distinguished Flying Cross
159
for service during World War II or Korea (including mul-
tiple awards to the same individual) in the case of each
individual concerning whom the Secretary of the Navy (or
an officer of the Navy acting on behalf of the Secretary)
submitted to the Committee on Armed Services of the
House of Representatives and the Committee on Armed
Services of the Senate, during the period beginning on Oc-
tober 31, 2000, and ending on the day before the date
of the enactment of this Act, a notice as provided in sec-
tion 1130(b) of title 10, United States Code, that the
award of the Distinguished Flying Cross to that individual
is warranted and that a waiver of time restrictions pre-
scribed by law for recommendation for such award is rec-
ommended.
SEC. 546. KOREA DEFENSE SERVICE MEDAL.
(a) ARMY.—(1) Chapter 357 of title 10, United
States Code, as amended by section 543(a)(1), is further
amended by adding at the end the following new section:
‘‘§ 3755. Korea Defense Service Medal
‘‘(a) The Secretary of the Army shall issue a cam-
paign medal, to be known as the Korea Defense Service
Medal, to each person who while a member of the Army
served in the Republic of Korea or the waters adjacent
thereto during the KDSM eligibility period and met the
160
service requirements for the award of that medal pre-
scribed under subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility pe-
riod’ means the period beginning on July 28, 1954, and
ending on such date after the date of the enactment of
this section as may be determined by the Secretary of De-
fense to be appropriate for terminating eligibility for the
Korea Defense Service Medal.
‘‘(c) The Secretary of the Army shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent
than the service requirements for award of the Armed
Forces Expeditionary Medal for instances in which the
award of that medal is authorized.’’.
(2) The table of sections at the beginning of such
chapter, as amended by section 543(a)(2), is further
amended by adding at the end the following new item:
‘‘3755. Korea Defense Service Medal.’’.
(b) NAVY AND MARINE CORPS.—(1) Chapter 567 of
title 10, United States Code, as amended by section
543(b)(1), is further amended by adding at the end the
following new section:
‘‘§ 6257. Korea Defense Service Medal
‘‘(a) The Secretary of the Navy shall issue a cam-
paign medal, to be known as the Korea Defense Service
Medal, to each person who while a member of the Navy
161
or Marine Corps served in the Republic of Korea or the
waters adjacent thereto during the KDSM eligibility pe-
riod and met the service requirements for the award of
that medal prescribed under subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility pe-
riod’ means the period beginning on July 28, 1954, and
ending on such date after the date of the enactment of
this section as may be determined by the Secretary of De-
fense to be appropriate for terminating eligibility for the
Korea Defense Service Medal.
‘‘(c) The Secretary of the Navy shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent
than the service requirements for award of the Armed
Forces Expeditionary Medal for instances in which the
award of that medal is authorized.’’.
(2) The table of sections at the beginning of such
chapter, as amended by section 543(b)(2), is further
amended by adding at the end the following new item:
‘‘6257. Korea Defense Service Medal.’’.
(c) AIR FORCE.—(1) Chapter 857 of title 10, United
States Code, as amended by section 543(c)(1), is further
amended by adding at the end the following new section:
‘‘§ 8755. Korea Defense Service Medal
‘‘(a) The Secretary of the Air Force shall issue a
campaign medal, to be known as the Korea Defense Serv-
162
ice Medal, to each person who while a member of the Air
Force served in the Republic of Korea or the waters adja-
cent thereto during the KDSM eligibility period and met
the service requirements for the award of that medal pre-
scribed under subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility pe-
riod’ means the period beginning on July 28, 1954, and
ending on such date after the date of the enactment of
this section as may be determined by the Secretary of De-
fense to be appropriate for terminating eligibility for the
Korea Defense Service Medal.
‘‘(c) The Secretary of the Air Force shall prescribe
service requirements for eligibility for the Korea Defense
Service Medal. Those requirements shall not be more
stringent than the service requirements for award of the
Armed Forces Expeditionary Medal for instances in which
the award of that medal is authorized.’’.
(2) The table of sections at the beginning of such
chapter, as amended by section 543(c)(2), is further
amended by adding at the end the following new item:
‘‘8755. Korea Defense Service Medal.’’.
(d) AWARD FOR SERVICE BEFORE DATE OF ENACT-
MENT.—The Secretary of the military department con-
cerned shall take appropriate steps to provide in a timely
manner for the issuance of the Korea Defense Service
Medal, upon application therefor, to persons whose eligi-
163
bility for that medal is by reason of service in the Republic
of Korea or the waters adjacent thereto before the date
of the enactment of this Act.
SEC. 547. COLD WAR SERVICE MEDAL.
(a) AUTHORITY.—Chapter 57 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1134. Cold War service medal
‘‘(a) MEDAL
AUTHORIZED.—The Secretary con-
cerned shall, upon application, issue the Cold War service
medal to a person eligible to receive that medal. The Cold
War service medal shall be of an appropriate design ap-
proved by the Secretary of Defense, with ribbons, lapel
pins, and other appurtenances.
‘‘(b) ELIGIBILITY.—(1) A person is eligible to receive
the Cold War service medal if the person—
‘‘(A) served on active duty during the Cold
War;
‘‘(B) has not been released from active duty
with a characterization of service less favorable than
honorable and has not received a discharge less fa-
vorable than an honorable discharge; and
‘‘(C) except as provided under paragraph (3),
meets the service requirements of paragraph (2).
164
‘‘(2) The service requirements of this paragraph
are—
‘‘(A) in the case of a person who served on ac-
tive duty during the Cold War as an enlisted mem-
ber, that the person have completed that person’s
initial term of enlistment and after the end of that
initial term of enlistment have reenlisted for an ad-
ditional term of enlistment or have been appointed
as an officer; and
‘‘(B) in the case of a person who served on ac-
tive duty during the Cold War as an officer, that the
person have completed that person’s initial service
obligation as an officer and have served in the
armed forces after completing that initial service ob-
ligation.
‘‘(3) The Secretary concerned, under regulations pre-
scribed under this section, may waive the service require-
ments of paragraph (2)—
‘‘(A) in the case of any person discharged or re-
leased from active duty for a disability incurred or
aggravated in line of duty;
‘‘(B) in the case of any person discharged for
hardship under section 1173 of this title; and
165
‘‘(C) under any other circumstance for which
the Secretary determines that such a waiver is war-
ranted.
‘‘(c) ONE AWARD AUTHORIZED.—Not more than one
Cold War service medal may be issued to any person.
‘‘(d) ISSUANCE
TO
REPRESENTATIVE
OF
DE-
CEASED.—If a person who is eligible for the Cold War
service medal dies before being issued that medal, the
medal may, upon application, be issued to the person’s
representative, as designated by the Secretary concerned.
‘‘(e) REPLACEMENT.—Under regulations prescribed
by the Secretary concerned, a Cold War service medal that
is lost, destroyed, or rendered unfit for use without fault
or neglect on the part of the person to whom it was issued
may be replaced without charge.
‘‘(f) UNIFORM REGULATIONS.—The Secretary of De-
fense shall ensure that regulations prescribed by the Sec-
retaries of the military departments under this section are
uniform so far as is practicable.
‘‘(g) COLD WAR DEFINED.—In this section, the term
‘Cold War’ means the period beginning on September 2,
1945, and ending at the end of December 26, 1991.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1134. Cold War service medal.’’.
166
SEC. 548. OPTION TO CONVERT AWARD OF ARMED FORCES
EXPEDITIONARY MEDAL AWARDED FOR OP-
ERATION 
FREQUENT 
WIND 
TO 
VIETNAM
SERVICE MEDAL.
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible Vietnam evacuation veteran,
award that individual the Vietnam Service Medal, notwith-
standing any otherwise applicable requirements for the
award of that medal. Any such award shall be made in
lieu of the Armed Forces Expeditionary Medal awarded
the individual for participation in Operation Frequent
Wind.
(b) ELIGIBLE VIETNAM EVACUATION VETERAN.—
For purposes of this section, the term ‘‘eligible Vietnam
evacuation veteran’’ means a member or former member
of the Armed Forces who was awarded the Armed Forces
Expeditionary Medal for participation in military oper-
ations designated as Operation Frequent Wind arising
from the evacuation of Vietnam on April 29 and 30, 1975.
SEC. 549. SENSE OF CONGRESS ON NEW MEDAL TO RECOG-
NIZE CIVILIAN EMPLOYEES OF THE DEPART-
MENT OF DEFENSE KILLED OR WOUNDED AS
A RESULT OF HOSTILE ACTION.
(a) FINDINGS.—Congress makes the following find-
ings:
167
(1) The role and importance of civilian nation-
als of the United States as Federal employees and
contractors in support of operations of the Armed
Forces worldwide has continued to expand.
(2) The expanded role performed by those civil-
ians, both in the United States and overseas, has
greatly increased the risk to those civilians of injury
and death from hostile actions taken against United
States Armed Forces, as demonstrated by the ter-
rorist attack on the Pentagon on September 11,
2001, in which scores of Department of Defense ci-
vilian and contractor personnel were killed or
wounded.
(3) No decoration exists for the recognition of
civilian nationals of the United States who, while
serving under competent authority in any capacity
with the Armed Forces, are killed or wounded in the
line of duty under circumstances which, if they were
members of the Armed Forces, would qualify them
for the award of the Purple Heart.
(4) Both the Congress and the Secretary of De-
fense have previously agreed to the need for such a
decoration.
(5) On September 20, 2001, the Deputy Sec-
retary of Defense approved the creation of a new
168
award, a medal for the defense of freedom, to be
awarded to civilians employed by the Department of
Defense who are killed or wounded as a result of
hostile action and at the same time directed that a
comprehensive review be conducted to develop a
more uniform approach to the award of decorations
to military and civilian personnel of the Department
of Defense.
(b) 
COMMENDATION
OF
CREATION
OF
NEW
AWARD.—Congress commends the decision announced by
the Deputy Secretary of Defense on September 20, 2001,
to approve the creation of a new award, a medal for the
defense of freedom, to be awarded to civilians employed
by the Department of Defense who are killed or wounded
as a result of hostile action.
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense—
(1) should move expeditiously to produce and
award the new medal referred to in subsection (b);
and
(2) should develop a more comprehensive, uni-
form policy for the award of decorations to military
and civilian personnel of the Department of Defense.
169
Subtitle F—Matters Relating to
Voting
SEC. 551. VOTING ASSESSMENTS AND ASSISTANCE FOR
MEMBERS OF THE UNIFORMED SERVICES.
(a) IN GENERAL.—Chapter 80 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1566. Voting assistance: compliance assessments
and assistance
‘‘(a) INSPECTOR GENERAL ASSESSMENTS.—(1) The
Department of Defense Inspector General shall each cal-
endar year conduct a random and unannounced assess-
ment at a minimum of 15 Department of Defense installa-
tions of the compliance at those installations with—
‘‘(A) the requirements of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.);
‘‘(B) Department of Defense regulations re-
garding that Act and the Federal Voting Assistance
Program carried out under that Act; and
‘‘(C) other requirements of law regarding voting
by members of the armed forces.
‘‘(2) Each assessment under paragraph (1) shall in-
clude a review of such compliance—
171
that insufficient personnel are available to fulfill all addi-
tional duty requirements. Performance evaluation reports
pertaining to a member who has been assigned to serve
as a voting assistance officer shall comment on the per-
formance of the member as a voting assistance officer.
‘‘(d) DELIVERY
OF MAIL FROM OVERSEAS PRE-
CEDING FEDERAL ELECTIONS.—(1) During the four
months preceding a general Federal election month, the
Secretary of Defense shall periodically conduct surveys of
all overseas locations and vessels at sea with military units
responsible for collecting mail for return shipment to the
United States and all port facilities in the United States
and overseas where military-related mail is collected for
shipment to overseas locations or to the United States.
The purpose of each survey shall be to determine if voting
materials are awaiting shipment at any such location and,
if so, the length of time that such materials have been
held at that location. During the fourth and third months
before a general Federal election month, such surveys
shall be conducted biweekly. During the second and first
months before a general Federal election month, such sur-
veys shall be conducted weekly.
‘‘(2) The Secretary shall ensure that voting materials
are transmitted expeditiously by military postal authorities
at all times.
172
‘‘(3) In this section, the term ‘general Federal elec-
tion month’ means November in an even-numbered year.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1566. Voting assistance: compliance assessments and assistance.’’.
SEC. 
552. 
ELECTRONIC 
VOTING 
DEMONSTRATION
PROJECT.
(a) DEMONSTRATION PROJECT.—The Secretary of
Defense shall carry out a demonstration project to exam-
ine voting in Federal elections by absent uniformed serv-
ices voters through a long-distance electronic voting sys-
tem. The demonstration project shall be carried out for
voting in the regularly scheduled general election for Fed-
eral office in November 2002. Under the demonstration
project, absent uniformed services voters participating in
the project shall be provided a means, with the cooperation
and assistance of State election officials of States that
agree to participate in the project, to cast their ballots
in that election through a long-distance electronic voting
method.
(b) SCOPE OF PROJECT.—The Secretary shall deter-
mine the scope of the demonstration project under this
section, including the absent uniformed services voters au-
thorized to participate in the project. The project shall be
carried out with participation of sufficient numbers of ab-
173
sent uniformed services voters so that the results are sta-
tistically relevant.
(c) COORDINATION WITH STATE ELECTION OFFI-
CIALS.—The Secretary shall carry out the demonstration
project under this section through cooperative agreements
with State election officials of States that agree to partici-
pate in the project.
(d) REPORT TO CONGRESS.—Not later than June 1,
2003, the Secretary shall submit to Congress a report ana-
lyzing the demonstration project conducted under this sec-
tion. The Secretary shall include in the report any rec-
ommendations the Secretary considers appropriate for
continuing the project on an expanded basis during the
next regularly scheduled general election for Federal of-
fice.
(e) ABSENT UNIFORMED SERVICES VOTER DE-
FINED.—In this section, the term ‘‘absent uniformed serv-
ices voter’’ has the meaning given that term in section
107(1) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff–6(1)).
(f) STATE DEFINED.—In this section, the term
‘‘State’’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Virgin Islands, and
American Samoa.
174
Subtitle G—Matters Relating to
Military Spouses and Family
Members
SEC. 561. IMPROVED FINANCIAL AND OTHER ASSISTANCE
TO MILITARY SPOUSES FOR JOB TRAINING
AND EDUCATION.
(a) EXAMINATION OF EXISTING EMPLOYMENT AS-
SISTANCE PROGRAMS.—(1) The Secretary of Defense
shall examine existing Department of Defense and other
Federal, State, and nongovernmental programs with the
objective of improving retention of military personnel by
increasing the employability of military spouses and assist-
ing those spouses in gaining access to financial and other
assistance for job training and education.
(2) In conducting the examination, the Secretary
shall give priority to facilitating and increasing access of
military spouses to existing Department of Defense, Fed-
eral, State, and nongovernmental sources for the types of
financial assistance set forth in paragraph (3), but shall
also specifically assess whether the Department of Defense
should begin a program for direct financial assistance to
military spouses for some or all of those types of assist-
ance and whether such a program of direct financial as-
sistance would enhance retention.
175
(3) In conducting the examination pursuant to para-
graph (1), the Secretary should focus on financial assist-
ance for military spouses for one or more of the following
purposes:
(A) Career-related education.
(B) Certification and license fees for employ-
ment-related purposes.
(C) Apprenticeships and internships.
(D) Technical training.
(E) Training to improve job skills.
(F) Career counseling.
(G) Skills assessment.
(H) Job-search skills.
(I) Job-related transportation.
(J) Child care.
(K) Any additional employment-related purpose
specified by the Secretary for the purposes of the ex-
amination under paragraph (1).
(4) Not later than March 30, 2002, the Secretary of
Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives a report on the results of
the examination under paragraph (1).
(b) REVIEW OF DEPARTMENT OF DEFENSE POLI-
CIES.—(1) The Secretary of Defense shall review Depart-
176
ment of Defense policies that affect employment and edu-
cation opportunities for military spouses in the Depart-
ment of Defense in order to further expand those opportu-
nities. The review shall include the consideration of pro-
viding, to the extent authorized by law, separate spouse
preferences for employment by appropriated and non-
appropriated fund operations.
(2) Not later than March 30, 2002, the Secretary of
Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives a report on the results of
the review under paragraph (1).
(c) SPOUSE
EMPLOYMENT
ASSISTANCE.—Section
1784 of title 10, United States Code, is amended by add-
ing at the end the following new subsections:
‘‘(d) SPACE-AVAILABLE USE
OF FACILITIES
FOR
SPOUSE TRAINING PURPOSES.—Under regulations pre-
scribed by the Secretary of Defense, the Secretary of a
military department may make available to a non-Depart-
ment of Defense entity space in non-excess facilities con-
trolled by that Secretary for the purpose of the non-De-
partment of Defense entity providing employment-related
training for military spouses.
‘‘(e) EMPLOYMENT
BY OTHER FEDERAL AGEN-
CIES.—The Secretary of Defense shall work with the Di-
177
rector of the Office of Personnel Management and the
heads of other Federal departments and agencies to ex-
pand and facilitate the use of existing Federal programs
and resources in support of military spouse employment.
‘‘(f) PRIVATE-SECTOR
EMPLOYMENT.—The Sec-
retary of Defense—
‘‘(1) shall seek to develop partnerships with
firms in the private sector to enhance employment
opportunities for spouses of members of the armed
forces and to provide for improved job portability for
such spouses, especially in the case of the spouse of
a member of the armed forces accompanying the
member to a new geographical area because of a
change of permanent duty station of the member;
and
‘‘(2) shall work with the United States Cham-
ber of Commerce and other appropriate private-sec-
tor entities to facilitate the formation of such part-
nerships.
‘‘(g) EMPLOYMENT WITH DOD CONTRACTORS.—
The Secretary of Defense shall examine and seek ways for
incorporating hiring preferences for qualified spouses of
members of the armed forces into contracts between the
Department of Defense and private-sector entities.’’.
178
SEC. 562. AUTHORITY TO CONDUCT SURVEYS OF DEPEND-
ENTS AND SURVIVORS OF MILITARY RETIR-
EES.
(a) EXTENSION
OF
SURVEY
AUTHORITY.—Sub-
section (a) of section 1782 of title 10, United States Code,
is amended to read as follows:
‘‘(a) AUTHORITY.—The Secretary of Defense, in
order to determine the effectiveness of Federal programs
relating to military families and the need for new pro-
grams, may conduct surveys of—
‘‘(1) members of the armed forces who are on
active duty, in an active status, or retired;
‘‘(2) family members of such members; and
‘‘(3) survivors of retired members.’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of
such section is amended by striking ‘‘family members’’
and all that follows through ‘‘armed forces’’ the second
place it appears and inserting ‘‘persons covered by sub-
section (a)’’.
SEC. 563. CLARIFICATION OF TREATMENT OF CLASSIFIED
INFORMATION CONCERNING PERSONS IN A
MISSING STATUS.
Section 1506(b)(2) of title 10, United States Code,
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;
179
(2) by striking the period at the end and insert-
ing ‘‘of all missing persons from the conflict or pe-
riod of war to which the classified information per-
tains.’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(B) For purposes of subparagraph (A), information
shall be considered to be made reasonably available if
placed in a separate and distinct file that is available for
review by persons specified in subparagraph (A) upon the
request of any such person either to review the separate
file or to review the personnel file of the missing person
concerned.’’.
SEC. 564. TRANSPORTATION TO ANNUAL MEETING OF
NEXT-OF-KIN OF PERSONS UNACCOUNTED
FOR FROM CONFLICTS AFTER WORLD WAR II.
(a) IN GENERAL.—(1) Chapter 157 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2647. Transportation to annual meeting of next-of-
kin of persons unaccounted for from con-
flicts after World War II
‘‘The Secretary of Defense may provide transpor-
tation for the next-of-kin of persons who are unaccounted
for from the Korean conflict, the Cold War, Vietnam War
180
era, or the Persian Gulf War to and from an annual meet-
ing in the United States. Such transportation shall be pro-
vided under such regulations as the Secretary of Defense
may prescribe.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2647. Transportation to annual meeting of next-of-kin of persons unaccounted
for from conflicts after World War II.’’.
(b) EFFECTIVE DATE.—Section 2647 of title 10,
United States Code, as added by subsection (a), shall take
effect on October 1, 2001, or the date of the enactment
of this Act, whichever is later.
SEC. 565. AMENDMENTS TO CHARTER OF DEFENSE TASK
FORCE ON DOMESTIC VIOLENCE.
(a) MEMBERS APPOINTED FROM PRIVATE SEC-
TOR.—Subsection (h)(1) of section 591 of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106–65; 113 Stat. 639; 10 U.S.C. 1562 note) is
amended—
(1) by inserting ‘‘who is a member of the
Armed Forces or civilian officer or employee of the
United States’’ after ‘‘Each member of the task
force’’;
(2) by striking ‘‘, but shall’’ and all that follows
and inserting a period; and
181
(3) by adding at the end the following new sen-
tence: ‘‘Other members of the task force shall be ap-
pointed in accordance with, and subject to, section
3161 of title 5, United States Code.’’.
(b) EXTENSION
OF
TERMINATION
DATE.—Sub-
section (j) of such section is amended by striking ‘‘three
years after the date of the enactment of this Act’’ and
inserting ‘‘on April 24, 2003’’.
Subtitle H—Military Justice and
Legal Matters
SEC. 571. REQUIREMENT THAT COURTS-MARTIAL CONSIST
OF NOT LESS THAN 12 MEMBERS IN CAPITAL
CASES.
(a) CLASSIFICATION OF GENERAL COURT-MARTIAL
IN CAPITAL CASES.—Section 816(1)(A) of title 10, United
States Code (article 16(1)(A) of the Uniform Code of Mili-
tary Justice) is amended by inserting after ‘‘five mem-
bers’’ the following: ‘‘or, in a case in which the accused
may be sentenced to a penalty of death, the number of
members determined under section 825a of this title (arti-
cle 25a)’’.
(b) NUMBER OF MEMBERS REQUIRED.—(1) Chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), is amended by inserting after section
825 (article 25) the following new section:
182
‘‘§ 825a. Art. 25a. Number of members in capital cases
‘‘In a case in which the accused may be sentenced
to a penalty of death, the number of members shall be
not less than 12, unless 12 members are not reasonably
available because of physical conditions or military exigen-
cies, in which case the convening authority shall specify
a lesser number of members not less than five, and the
court may be assembled and the trial held with not less
than the number of members so specified. In such a case,
the convening authority shall make a detailed written
statement, to be appended to the record, stating why a
greater number of members were not reasonably avail-
able.’’.
(2) The table of sections at the beginning of sub-
chapter V of such chapter is amended by inserting after
the item relating to section 825 (article 25) the following
new item:
‘‘825a. 25a. Number of members in capital cases.’’.
(c) ABSENT AND ADDITIONAL MEMBERS.—Section
829(b) of such title (article 29 of the Uniform Code of
Military Justice) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by striking ‘‘five members’’ both places it
appears and inserting ‘‘the applicable minimum
number of members’’; and
183
(3) by adding at the end the following new
paragraph:
‘‘(2) In this section, the term ‘applicable minimum
number of members’ means five members or, in a case
in which the death penalty may be adjudged, the number
of members determined under section 825a of this title
(article 25a).’’.
(d) APPLICABILITY.—The amendments made by this
section shall apply with respect to offenses committed
after the date of the enactment of this Act.
SEC. 572. RIGHT OF CONVICTED ACCUSED TO REQUEST
SENTENCING BY MILITARY JUDGE.
(a) SENTENCING BY JUDGE.—(1) Chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 852 (article
52) the following new section:
‘‘§ 852a. Art. 52a. Right of accused to request sen-
tencing by military judge rather than by
members
‘‘(a) In the case of an accused convicted of an offense
by a court-martial composed of a military judge and mem-
bers, the sentence shall be tried before and adjudged by
the military judge rather than the members if, after the
findings are announced and before evidence in the sen-
tencing proceeding is introduced, the accused, knowing the
184
identity of the military judge and after consultation with
defense counsel, requests orally on the record or in writing
that the sentence be tried before and adjudged by the mili-
tary judge rather than the members.
‘‘(b) This section shall not apply with respect to an
offense for which the death penalty may be adjudged un-
less the case has been previously referred to trial as a non-
capital case.’’.
(2) The table of sections at the beginning of sub-
chapter VII of such chapter is amended by inserting after
the item relating to section 852 (article 52) the following
new item:
‘‘852a. 52a. Right of accused to request sentencing by military judge rather
than by members.’’.
(b) EFFECTIVE DATE.—Section 852a of title 10,
United States Code (article 52a of the Uniform Code of
Military Justice), as added by subsection (a), shall apply
with respect to offenses committed after the date of the
enactment of this Act.
SEC. 573. CODIFICATION OF REQUIREMENT FOR REGULA-
TIONS FOR DELIVERY OF MILITARY PER-
SONNEL 
TO 
CIVIL 
AUTHORITIES 
WHEN
CHARGED WITH CERTAIN OFFENSES
(a) CODIFICATION OF EXISTING PROVISIONS.—Sec-
tion 814 of title 10, United States Code (article 14 of the
185
Uniform Code of Military Justice), is amended by adding
at the end the following new subsection:
‘‘(c) The Secretary of Defense shall ensure that the
Secretaries of the military departments prescribe regula-
tions under subsection (a) and that those regulations are
uniform throughout the armed forces under the jurisdic-
tion of the Secretary of Defense. Those regulations shall—
‘‘(1) specifically provide for the delivery to the
appropriate civil authority for trial, in any appro-
priate case, of a member accused by civil authority
of parental kidnapping or a similar offense, includ-
ing criminal contempt arising from any such offense
or from child custody matters; and
‘‘(2) specifically address the special needs for
the exercise of the authority contained in this section
(article) in a case in which a member of the armed
forces assigned overseas is accused of an offense by
civil authority.’’.
(b) REPEAL OF CODIFIED PROVISIONS.—Section 721
of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100–456; 10 U.S.C. 814 note), is re-
pealed.
186
SEC. 574. AUTHORITY TO ACCEPT VOLUNTARY LEGAL
SERVICES FOR MEMBERS OF THE ARMED
FORCES.
(a) AUTHORITY.—Subsection (a) of section 1588 of
title 10, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(5) Voluntary legal assistance services under
section 1044 of this title.’’.
(b) APPLICABLE FEDERAL LAWS.—Subsection (d)(1)
of such section is amended by adding at the end the fol-
lowing new subparagraph:
‘‘(E) Section 1054 of this title (relating to de-
fense of certain suits arising out of legal mal-
practice), in the case of persons providing voluntary
legal assistance services under subsection (a)(5).’’.
Subtitle I—Other Matters
SEC. 581. SHIPMENT OF PRIVATELY OWNED VEHICLES
WHEN MAKING PERMANENT CHANGE OF STA-
TION MOVES WITHIN UNITED STATES.
Section 2634(h)(1) of title 10, United States Code,
is amended by inserting ‘‘or when the Secretary concerned
determines that the transport of a vehicle upon such a
transfer is advantageous and cost-effective to the United
States’’ before the period at the end.
187
SEC. 582. PAYMENT OF VEHICLE STORAGE COSTS IN AD-
VANCE.
Section 2634(b) of title 10, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(4) Storage costs payable under this subsection may
be paid in advance.’’.
SEC. 583. PERMANENT AUTHORITY FOR USE OF MILITARY
RECRUITING FUNDS FOR CERTAIN EXPENSES
AT DEPARTMENT OF DEFENSE RECRUITING
FUNCTIONS.
(a) REPEAL OF TERMINATION PROVISION.—Section
520c of title 10, United States Code, is amended by strik-
ing subsection (c).
(b) TECHNICAL AMENDMENTS.—Subsection (a) of
such section is amended—
(1) in paragraph (4), by striking ‘‘recruiting
events’’ and inserting ‘‘recruiting functions’’; and
(2) in paragraph (5), by striking ‘‘recruiting ef-
forts’’ the first place it appears and inserting ‘‘re-
cruiting functions’’.
SEC. 584. CLARIFICATION OF MILITARY RECRUITER AC-
CESS TO SECONDARY SCHOOL DIRECTORY
INFORMATION ABOUT STUDENTS.
(a) ACCESS TO DIRECTORY INFORMATION.—Section
503(c)(1) of title 10, United States Code, is amended by
188
striking ‘‘purposes,’’ and all that follows and inserting the
following: ‘‘purposes—
‘‘(A) the same access to secondary school stu-
dents as is provided generally to post-secondary edu-
cational institutions or to prospective employers of
those students; and
‘‘(B) the same access to directory information
concerning those students as is provided to a post-
secondary educational institution upon an indication
by a secondary school student that the student seeks
to enroll or intends to enroll at that institution.’’.
(b) 
ENHANCED
RECRUITER
ACCESS.—Section
503(c)(5) of such title is amended by striking ‘‘do not
apply to—’’ and all that follows through ‘‘(B)’’ and insert-
ing ‘‘do not apply to’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect on July 1, 2002,
immediately after the amendment to section 503(c) of title
10, United States Code, made, effective that date, by sec-
tion 563(a) of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 114 Stat. 1654A–131).
189
SEC. 585. REPEAL OF REQUIREMENT FOR FINAL COMP-
TROLLER GENERAL REPORT RELATING TO
ARMY END STRENGTH ALLOCATIONS.
Section 552 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
319; 10 U.S.C. 115 note) is repealed.
SEC. 586. POSTHUMOUS ARMY COMMISSION IN THE GRADE
OF CAPTAIN IN THE CHAPLAINS CORPS TO
ELLA E. GIBSON FOR SERVICE AS CHAPLAIN
OF THE FIRST WISCONSIN HEAVY ARTILLERY
REGIMENT DURING THE CIVIL WAR.
The President is authorized and requested to post-
humously appoint Ella E. Gibson to the grade of captain
in the Chaplains Corps of the Army, the commission to
issue as of the date of her appointment as chaplain to the
First Wisconsin Heavy Artillery regiment during the Civil
War and to be considered to have been in effect during
the time during which she faithfully performed the services
of a chaplain to that regiment and for which Congress by
law (Private Resolution 31 of the 40th Congress, approved
March 3, 1869) previously provided for her to be paid the
full pay and emoluments of a chaplain in the United
States Army as if she had been regularly commissioned
and mustered into service.
190
SEC. 587. NATIONAL GUARD CHALLENGE PROGRAM.
(a) TERMINATION OF LIMITATION ON FEDERAL EX-
PENDITURES.—Subsection (b)(2)(A) of section 509 of title
32, United States Code, is amended by striking ‘‘in a fis-
cal year’’ and inserting ‘‘in fiscal year 2001 or 2002’’.
(b) MATCHING FUNDS REQUIREMENTS.—Subsection
(d) of such section is amended by striking paragraphs (1)
through (4) and inserting the following new paragraphs:
‘‘(1) for fiscal years 2001 and 2002, 60 percent
of the costs of operating the State program during
that fiscal year; and
‘‘(2) for fiscal year 2003 and each subsequent
fiscal year, 75 percent of the costs of operating the
State program during that fiscal year.’’.
(c) 
REPEAL
OF
CONTINGENT
FUNDING
FOR
JROTC.—(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.
(3) The amendments made by this subsection shall
take effect on October 1, 2002.
191
SEC. 588. PAYMENT OF FEHBP PREMIUMS FOR CERTAIN
RESERVISTS CALLED TO ACTIVE DUTY IN
SUPPORT OF CONTINGENCY OPERATIONS.
(a) IN GENERAL.—Subsection (e) of section 8906 of
title 5, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(3)(A) An employing agency may pay both the em-
ployee and Government contributions, and any additional
administrative expenses otherwise chargeable to the em-
ployee, with respect to health care coverage for an em-
ployee described in subparagraph (B) and the family of
such employee.
‘‘(B) An employee referred to in subparagraph (A)
is an employee who—
‘‘(i) is enrolled in a health benefits plan under
this chapter;
‘‘(ii) is a member of a reserve component of the
armed forces;
‘‘(iii) is called or ordered to active duty in sup-
port of a contingency operation (as defined in sec-
tion 101(a)(13) of title 10);
‘‘(iv) is placed on leave without pay or sepa-
rated from service to perform active duty; and
‘‘(v) serves on active duty for a period of more
than 30 consecutive days.
192
‘‘(C) Notwithstanding the one-year limitation on cov-
erage described in paragraph (1)(A), payment may be
made under this paragraph for a period not to exceed 18
months.’’.
(b) CONFORMING AMENDMENT.—The matter pre-
ceding paragraph (1) in subsection (f) of such section is
amended to read as follows:
‘‘(f) The Government contribution, and any addi-
tional payments under subsection (e)(3)(A), for health
benefits for an employee shall be paid—’’.
(c) APPLICABILITY.—The amendments made by this
section apply with respect to employees called to active
duty on or after December 8, 1995, and an agency may
make retroactive payments to such employees for pre-
miums paid on or after such date.
SEC. 589. 18-MONTH ENLISTMENT PILOT PROGRAM.
(a) IN GENERAL.—(1) Chapter 333 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 3264. 18-month enlistment pilot program
‘‘(a) During the pilot program period, the Secretary
of the Army shall carry out a pilot program with the objec-
tive of increasing participation of prior service persons in
the Selected Reserve and providing assistance in building
the pool of participants in the Individual Ready Reserve.
193
‘‘(b) Under the program, the Secretary may, notwith-
standing section 505(c) of this title, accept persons for
original enlistment in the Army for a term of enlistment
consisting of 18 months service on active duty, to be fol-
lowed by three years of service in the Selected Reserve
and then service in the Individual Ready Reserve to com-
plete the military service obligation.
‘‘(c) No more than 10,000 persons may be accepted
for enlistment in the Army through the program under
this section.
‘‘(d) A person enlisting in the Army through the pro-
gram under this section is eligible for an enlistment bonus
under section 309 of title 37, notwithstanding the enlist-
ment time period specified in subsection (a) of that sec-
tion.
‘‘(e) For purposes of the program under this section,
the pilot program period is the period beginning on Octo-
ber 1, 2003, and ending on December 31, 2007.
‘‘(f) Not later than December 31, 2007, and Decem-
ber 31, 2012, the Secretary of the Army shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Represent-
atives a report on the program under this section. In each
such report, the Secretary shall set forth the views of the
Secretary on the success of the program in meeting the
194
objectives stated in subsection (a) and whether the pro-
gram should be continued and, if so, whether it should
be modified or expanded.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘3264. 18-month enlistment pilot program.’’.
(b) IMPLEMENTATION REPORT.—The Secretary of
the Army shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services
of the House of Representatives a report on the Sec-
retary’s plan for implementation of section 3264 of title
10, United States Code, as added by subsection (a). Such
report shall be submitted not later than March 1, 2002.
SEC. 590. PER DIEM ALLOWANCE FOR LENGTHY OR NU-
MEROUS DEPLOYMENTS.
(a) FUNDING SOURCE FOR ALLOWANCE.—Section
436(a) of title 37, United States Code, is amended by add-
ing at the end the following new sentence: ‘‘The Secretary
shall pay the allowance from appropriations available for
operation and maintenance for the armed force in which
the member serves.’’.
(b) EXPANDED REPORT REGARDING MANAGEMENT
OF
INDIVIDUAL
MEMBER
DEPLOYMENTS.—Section
574(d) of the Floyd D. Spence National Defense Author-
ization Act for Fiscal Year 2001 (as enacted by Public
195
Law 106–398; 114 Stat. 1654A–138) is amended in the
second sentence by striking paragraphs (1) and (2) and
inserting the following new paragraphs:
‘‘(1) a discussion of the experience in tracking
and recording the deployments of members of the
Armed Forces and the payment of the per diem al-
lowance for lengthy or numerous deployments in ac-
cordance with section 436 of title 37, United States
Code;
‘‘(2) specific comments regarding the effect of
section 991 of title 10, United States Code, and sec-
tion 436 of title 37, United States Code, on the
readiness of the Navy and Marine Corps given the
deployment intensive mission of these services; and
‘‘(3) any recommendations for revision of sec-
tion 991 of title 10, United States Code, or section
436 of title 37, United States Code, that the Sec-
retary considers appropriate.’’.
SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE
IN GROUND COMBAT EXCLUSION POLICY.
Section 542(b) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
113 note) is amended—
(1) in paragraph (1)—
196
(A) by striking ‘‘not less than 90 days’’;
and
(B) by adding at the end the following new
sentence: ‘‘Such a change may then be imple-
mented only after the end of a period of 60
days of continuous session of Congress (exclud-
ing any day on which either House of Congress
is not in session) following the date on which
the report is received.’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) For purposes of this subsection, the continuity
of a session of Congress is broken only by an adjournment
of the Congress sine die.’’.
SEC. 592. REPORT ON HEALTH AND DISABILITY BENEFITS
FOR PRE-ACCESSION TRAINING AND EDU-
CATION PROGRAMS.
(a) STUDY.—The Secretary of Defense shall conduct
a review of the health and disability benefit programs
available to recruits and officer candidates engaged in
training, education, or other types of programs while not
yet on active duty and to cadets and midshipmen attend-
ing the service academies. The review shall be conducted
with the participation of the Secretaries of the military
departments.
197
(b) REPORT.—Not later than March 1, 2002, the
Secretary shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services
of the House of Representatives a report on the findings
of the review. The report shall include the following with
respect to persons described in subsection (a):
(1) A statement of the process and detailed pro-
cedures followed by each of the Armed Forces under
the jurisdiction of the Secretary of a military depart-
ment to provide health care and disability benefits to
all such persons injured in training, education, or
other types of programs conducted by the Secretary
of a military department.
(2) Information on the number of total cases of
such persons requiring health care and disability
benefits and the total number of cases and average
value of health care and disability benefits provided
under the authority for each source of benefits avail-
able to those persons.
(3) A discussion of the issues regarding health
and disability benefits for such persons that are en-
countered by the Secretary during the review, to in-
clude discussions with individuals who have received
those benefits.
198
(4) A discussion of the necessity for legislative
changes and specific legislative proposals needed to
improve the benefits provided those persons.
SEC. 593. REQUIREMENT TO PROVIDE APPROPRIATE ARTI-
CLES OF CLOTHING AS A CIVILIAN UNIFORM
FOR CIVILIANS PARTICIPATING IN FUNERAL
HONOR 
DETAILS 
FOR 
VETERANS 
UPON
SHOWING OF FINANCIAL NEED.
Section 1491(d) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘To provide’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
‘‘(2)(A) Upon a showing of financial need and subject
to subparagraph (B), the Secretary of a military depart-
ment shall provide articles of clothing described in sub-
paragraph (C) to an organization referred to in subsection
(b)(2) or to members of such an organization who partici-
pate in funeral honors details. Any such showing of finan-
cial need shall be made in such manner as the Secretary
may require.
‘‘(B) The Secretary concerned may provide articles
of clothing to an organization (or members of an organiza-
tion) under this paragraph only if the Secretary deter-
199
mines that participation of that organization or its mem-
bers in the funeral honors mission is advantageous to the
performance of that mission and meets the performance
standards set by the Secretary for that mission.
‘‘(C) Articles of clothing covered by subparagraph (A)
are articles of clothing determined by the Secretary con-
cerned to be appropriate as a civilian uniform for persons
participating in a funeral honors detail who are not au-
thorized to wear the uniform of any of the armed forces.’’.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The
adjustment to become effective during fiscal year 2002 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, 2002, the rates of monthly basic pay for members of
the uniformed services within each pay grade are as fol-
lows:
COMMISSIONED OFFICERS 1
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
O–10 2
$0.00
$0.00
$0.00
$0.00
$0.00
O–9 ...
0.00
0.00
0.00
0.00
0.00
200
COMMISSIONED OFFICERS 1—Continued
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
O–8 ...
7,180.20
7,415.40
7,571.10
7,614.90
7,809.30
O–7 ...
5,966.40
6,371.70
6,371.70
6,418.20
6,657.90
O–6 ...
4,422.00
4,857.90
5,176.80
5,176.80
5,196.60
O–5 ...
3,537.00
4,152.60
4,440.30
4,494.30
4,673.10
O–4 ...
3,023.70
3,681.90
3,927.60
3,982.50
4,210.50
O–3 3
2,796.60
3,170.40
3,421.80
3,698.70
3,875.70
O–2 3
2,416.20
2,751.90
3,169.50
3,276.30
3,344.10
O–1 3
2,097.60
2,183.10
2,638.50
2,638.50
2,638.50
Over 8
Over 10
Over 12
Over 14
Over 16
O–10 2
$0.00
$0.00
$0.00
$0.00
$0.00
O–9 ...
0.00
0.00
0.00
0.00
0.00
O–8 ...
8,135.10
8,210.70
8,519.70
8,608.50
8,874.30
O–7 ...
6,840.30
7,051.20
7,261.80
7,472.70
8,135.10
O–6 ...
5,418.90
5,448.60
5,448.60
5,628.60
6,305.70
O–5 ...
4,673.10
4,813.50
5,073.30
5,413.50
5,755.80
O–4 ...
4,395.90
4,696.20
4,930.20
5,092.50
5,255.70
O–3 3
4,070.10
4,232.40
4,441.20
4,549.50
4,549.50
O–2 3
3,344.10
3,344.10
3,344.10
3,344.10
3,344.10
O–1 3
2,638.50
2,638.50
2,638.50
2,638.50
2,638.50
Over 18
Over 20
Over 22
Over 24
Over 26
O–10 2
$0.00
11,601.90
11,659.20
11,901.30
12,324.00
O–9 ...
0.00
10,147.50
10,293.60
10,504.80
10,873.80
O–8 ...
9,259.50
9,614.70
9,852.00
9,852.00
9,852.00
O–7 ...
8,694.90
8,694.90
8,694.90
8,694.90
8,738.70
O–6 ...
6,627.00
6,948.30
7,131.00
7,316.10
7,675.20
O–5 ...
5,919.00
6,079.80
6,262.80
6,262.80
6,262.80
O–4 ...
5,310.60
5,310.60
5,310.60
5,310.60
5,310.60
O–3 3
4,549.50
4,549.50
4,549.50
4,549.50
4,549.50
O–2 3
3,344.10
3,344.10
3,344.10
3,344.10
3,344.10
O–1 3
2,638.50
2,638.50
2,638.50
2,638.50
2,638.50
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
commissioned officers in pay grades 0–7 through O–10 may not exceed the rate of pay for level III
of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the
rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air
Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of basic
pay for this grade is $13,598.10, regardless of cumulative years of service computed under section
205 of title 37, United States Code.
3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have
been credited with over 4 years of active duty service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER
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
O–3E
$0.00
$0.00
$0.00
3,698.70
3,875.70
O–2E
0.00
0.00
0.00
3,276.30
3,344.10
O–1E
0.00
0.00
0.00
2,638.50
2,818.20
Over 8
Over 10
Over 12
Over 14
Over 16
O–3E
4,070.10
4,232.40
4,441.20
4,617.00
4,717.50
O–2E
3,450.30
3,630.00
3,768.90
3,872.40
3,872.40
O–1E
2,922.30
3,028.50
3,133.20
3,276.30
3,276.30
201
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER
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
Over 18
Over 20
Over 22
Over 24
Over 26
O–3E
4,855.20
4,855.20
4,855.20
4,855.20
4,855.20
O–2E
3,872.40
3,872.40
3,872.40
3,872.40
3,872.40
O–1E
3,276.30
3,276.30
3,276.30
3,276.30
3,276.30
WARRANT OFFICERS 1
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
W–5 ..
$0.00
$0.00
$0.00
$0.00
$0.00
W–4 ..
2,889.60
3,108.60
3,198.00
3,285.90
3,437.10
W–3 ..
2,638.80
2,862.00
2,862.00
2,898.90
3,017.40
W–2 ..
2,321.40
2,454.00
2,569.80
2,654.10
2,726.40
W–1 ..
2,049.90
2,217.60
2,330.10
2,402.70
2,511.90
Over 8
Over 10
Over 12
Over 14
Over 16
W–5 ..
$0.00
$0.00
$0.00
$0.00
$0.00
W–4 ..
3,586.50
3,737.70
3,885.30
4,038.00
4,184.40
W–3 ..
3,152.40
3,330.90
3,439.50
3,558.30
3,693.90
W–2 ..
2,875.20
2,984.40
3,093.90
3,200.40
3,318.00
W–1 ..
2,624.70
2,737.80
2,850.00
2,963.70
3,077.10
Over 18
Over 20
Over 22
Over 24
Over 26
W–5 ..
$0.00
4,965.60
5,136.00
5,307.00
5,478.60
W–4 ..
4,334.40
4,480.80
4,632.60
4,782.00
4,935.30
W–3 ..
3,828.60
3,963.60
4,098.30
4,233.30
4,368.90
W–2 ..
3,438.90
3,559.80
3,680.10
3,801.30
3,801.30
W–1 ..
3,189.90
3,275.10
3,275.10
3,275.10
3,275.10
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for war-
rant officers may not exceed the rate of pay for level V of the Executive Schedule.
ENLISTED MEMBERS 1
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–9 2
$0.00
$0.00
$0.00
$0.00
$0.00
E–8 ...
0.00
0.00
0.00
0.00
0.00
E–7 ...
1,986.90
2,169.00
2,251.50
2,332.50
2,417.40
E–6 ...
1,701.00
1,870.80
1,953.60
2,033.70
2,117.40
E–5 ...
1,561.50
1,665.30
1,745.70
1,828.50
1,912.80
E–4 ...
1,443.60
1,517.70
1,599.60
1,680.30
1,752.30
E–3 ...
1,303.50
1,385.40
1,468.50
1,468.50
1,468.50
E–2 ...
1,239.30
1,239.30
1,239.30
1,239.30
1,239.30
E–1 ...
3 1,105.50
1,105.50
1,105.50
1,105.50
1,105.50
Over 8
Over 10
Over 12
Over 14
Over 16
E–9 2
$0.00
$3,423.90
3,501.30
3,599.40
3,714.60
E–8 ...
2,858.10
2,940.60
3,017.70
3,110.10
3,210.30
E–7 ...
2,562.90
2,645.10
2,726.40
2,808.00
2,892.60
E–6 ...
2,254.50
2,337.30
2,417.40
2,499.30
2,558.10
E–5 ...
2,030.10
2,110.20
2,193.30
2,193.30
2,193.30
202
ENLISTED MEMBERS 1—Continued
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–4 ...
1,752.30
1,752.30
1,752.30
1,752.30
1,752.30
E–3 ...
1,468.50
1,468.50
1,468.50
1,468.50
1,468.50
E–2 ...
1,239.30
1,239.30
1,239.30
1,239.30
1,239.30
E–1 ...
1,105.50
1,105.50
1,105.50
1,105.50
1,105.50
Over 18
Over 20
Over 22
Over 24
Over 26
E–9 2
$3,830.40
3,944.10
4,098.30
4,251.30
4,467.00
E–8 ...
3,314.70
3,420.30
3,573.00
3,724.80
3,937.80
E–7 ...
2,975.10
3,057.30
3,200.40
3,292.80
3,526.80
E–6 ...
2,602.80
2,602.80
2,602.80
2,602.80
2,602.80
E–5 ...
2,193.30
2,193.30
2,193.30
2,193.30
2,193.30
E–4 ...
1,752.30
1,752.30
1,752.30
1,752.30
1,752.30
E–3 ...
1,468.50
1,468.50
1,468.50
1,468.50
1,468.50
E–2 ...
1,239.30
1,239.30
1,239.30
1,239.30
1,239.30
E–1 ...
1,105.50
1,105.50
1,105.50
1,105.50
1,105.50
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for en-
listed members may not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief
Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine
Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $5,382.90, re-
gardless of cumulative years of service computed under section 205 of title 37, United States Code.
3 In the case of members in pay grade E–1 who have served less than 4 months on active duty,
the rate of basic pay is $1,022.70.
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COM-
MISSIONED OFFICERS WITH PRIOR SERVICE
AS AN ENLISTED MEMBER OR WARRANT OF-
FICER.
Section 203(d) of title 37, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) by striking ‘‘who is credited’’ and all that
follows through ‘‘and enlisted member’’ and insert-
ing ‘‘is described in paragraph (2)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) Paragraph (1) applies with respect to a commis-
sioned officer in pay grade O–1, O–2, or O–3 who—
203
‘‘(A) is credited with a total of over four years’
active service as warrant officer or as a warrant offi-
cer and enlisted member; or
‘‘(B) earned a total of more than 1,460 points
credited under section 12732(a)(2) of title 10 while
serving as a warrant officer or enlisted member.’’.
SEC. 603. SUBSISTENCE ALLOWANCES.
(a) BASIC ALLOWANCE FOR SUBSISTENCE.—Section
402 of title 37, United States Code, is amended—
(1) in subsection (b), by adding at the end the
following new paragraph:
‘‘(4) For purposes of implementing paragraph (2),
the monthly rate of basic allowance for subsistence that
was in effect for an enlisted member for calendar year
2001 shall be deemed to be $233.’’; and
(2) by striking subsection (d) and inserting the
following new subsection:
‘‘(d) SPECIAL RULE FOR ENLISTED MEMBERS WHO
MESS SEPARATELY.—The Secretary of Defense may pre-
scribe a basic allowance for subsistence for enlisted mem-
bers at a rate higher than the rate provided for in sub-
section (b) when messing facilities of the United States
are not available for the members.’’.
(b) TERMINATION OF BAS TRANSITIONAL AUTHOR-
ITY.—Effective as of October 1, 2001, section 603(c) of
204
the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106–398;
114 Stat. 1654A–145) is amended by striking ‘‘October
1, 2001’’ and inserting ‘‘January 1, 2002’’.
(c) FAMILY SUBSISTENCE SUPPLEMENTAL ALLOW-
ANCE
FOR LOW-INCOME MEMBERS
OF
THE ARMED
FORCES.—Section 402a(b)(1) of title 37, United States
Code, is amended by inserting ‘‘with dependents’’ after ‘‘a
member of the armed forces’’.
SEC. 604. ELIGIBILITY FOR BASIC ALLOWANCE FOR HOUS-
ING WHILE BETWEEN PERMANENT DUTY STA-
TIONS.
(a) REPEAL OF PAY GRADE LIMITATION.—Section
403(i) of title 37, United States Code, is amended by
striking ‘‘who is in a pay grade E–4 (4 or more years
of service) or above’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ment made by this section shall take effect on January
1, 2003, and apply to members of the uniformed services
in a travel or leave status between permanent duty sta-
tions on or after that date.
SEC. 605. UNIFORM ALLOWANCE FOR OFFICERS.
(a) RELATION TO INITIAL UNIFORM ALLOWANCE.—
Section 416(b)(1) of title 37, United States Code, is
amended by striking ‘‘$200’’ and inserting ‘‘$400’’.
205
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect as of October 1, 2000.
SEC. 606. FAMILY SEPARATION ALLOWANCE FOR CERTAIN
MEMBERS ELECTING TO SERVE UNACCOM-
PANIED TOUR OF DUTY.
(a) AVAILABILITY OF ALLOWANCE.—Section 427(c)
of title 37, United States Code, is amended—
(1) by striking ‘‘A member’’ in the first sen-
tence and inserting ‘‘(1) Except as provided in para-
graph (2) or (3), a member’’;
(2) by redesignating the second sentence as
paragraph (3); and
(3) by inserting after the first sentence the fol-
lowing new paragraph:
‘‘(2) A member who elects to serve an unaccompanied
tour of duty because the movement of a dependent of the
member to the permanent station is denied for certified
medical reasons is entitled to an allowance under sub-
section (a)(1)(A).’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January
1, 2002. Paragraph (2) of section 427(c) of title 37,
United States Code, as added by subsection (a), shall
apply with respect to pay periods beginning on or after
that date for a member of the uniformed services covered
206
by such paragraph regardless of the date on which the
member first made the election to serve an unaccompanied
tour of duty.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS 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
striking ‘‘December 31, 2001’’ and inserting ‘‘December
31, 2002’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f ) of such title is amended by striking ‘‘De-
cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of such title is amended by striking ‘‘Decem-
ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(d) SPECIAL PAY
FOR ENLISTED MEMBERS AS-
SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section
308d(c) of such title is amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
207
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of such title is amended by striking ‘‘Decem-
ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(f ) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section 308h(g) of such title is amended
by striking ‘‘December 31, 2001’’ and inserting ‘‘Decem-
ber 31, 2002’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(f ) of such title is amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CER-
TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
LECTED RESERVE.—Section 16302(d) of title 10, United
States Code, is amended by striking ‘‘January 1, 2002’’
and inserting ‘‘January 1, 2003’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND
SPECIAL PAY AUTHORITIES FOR NURSE OFFI-
CER 
CANDIDATES, 
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, 2001’’ and
inserting ‘‘December 31, 2002’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
208
amended by striking ‘‘December 31, 2001’’ and inserting
‘‘December 31, 2002’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
Code, is amended by striking ‘‘December 31, 2001’’ and
inserting ‘‘December 31, 2002’’.
SEC. 613. ONE-YEAR EXTENSION OF OTHER BONUS AND
SPECIAL PAY AUTHORITIES.
(a) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended
by striking ‘‘December 31, 2001’’ and inserting ‘‘Decem-
ber 31, 2002’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Section 308(g) of such title is amended by strik-
ing ‘‘December 31, 2001’’ and inserting ‘‘December 31,
2002’’.
(c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 309(e) of such title is amended by striking ‘‘De-
cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI-
CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section
312(e) of such title is amended by striking ‘‘December 31,
2001’’ and inserting ‘‘December 31, 2002’’.
209
(e) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of such title is amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
(f) 
NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section 312c(d) of such title is amended by
striking ‘‘December 31, 2001’’ and inserting ‘‘December
31, 2002’’.
(g) RETENTION BONUS FOR MEMBERS WITH CRIT-
ICAL MILITARY SKILLS.—Section 323(i) of such title is
amended by striking ‘‘December 31, 2001’’ and inserting
‘‘December 31, 2002’’.
SEC. 614. CONFORMING ACCESSION BONUS FOR DENTAL
OFFICERS AUTHORITY WITH AUTHORITIES
FOR OTHER SPECIAL PAY AND BONUSES.
Section 302h(a)(1) of title 37, United States Code,
is amended by striking ‘‘the date of the enactment of this
section, and ending on September 30, 2002’’ and inserting
‘‘September 23, 1996, and ending on December 31,
2002’’.
SEC. 615. ADDITIONAL TYPE OF DUTY RESULTING IN ELIGI-
BILITY FOR HAZARDOUS DUTY INCENTIVE
PAY.
(a) PERFORMANCE
OF
MARITIME
BOARD
AND
SEARCH OPERATIONS.—Section 301(a) of title 37, United
States Code, is amended—
210
(1) in paragraph (10), by striking ‘‘or’’ at the
end;
(2) by redesignating paragraph (11) as para-
graph (12); and
(3) by inserting after paragraph (10) the fol-
lowing new paragraph:
‘‘(11) involving regular participation as a mem-
ber of a team conducting visit, board, search, and
seizure operations aboard vessels in support of mari-
time interdiction operations; or’’.
(b) MONTHLY AMOUNT.—Subsection (c) of such sec-
tion is amended—
(1) in paragraph (1), by striking ‘‘(10)’’ and in-
serting ‘‘(11)’’; and
(2) in paragraph (2)(A), by striking ‘‘(11)’’ and
inserting ‘‘(12)’’.
(c) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January
1, 2002, and apply to duty described in the amendment
made by subsection (a)(2) on or after that date.
211
SEC. 
616. 
EQUAL 
TREATMENT 
OF 
RESERVISTS 
PER-
FORMING INACTIVE-DUTY TRAINING FOR RE-
CEIPT OF AVIATION CAREER INCENTIVE PAY.
(a) INCENTIVE PAY EQUITY FOR RESERVISTS.—Sub-
section (d) of section 301a of title 37, United States Code,
is amended to read as follows:
‘‘(d) 
MEMBERS
PERFORMING
INACTIVE-DUTY
TRAINING.—Under regulations prescribed by the Presi-
dent and to the extent provided for by appropriations, in
the case of a member of a reserve component of a uni-
formed service, or of the National Guard, who is entitled
to compensation under section 206 of this title, and who
performs, under orders, duty described in subsection (a),
the member is also entitled to monthly incentive pay under
subsection (b) for the performance of that duty in the
same manner as a member with corresponding years of
aviation service who is entitled to basic pay. Such member
is entitled to the incentive pay for as long as the member
remains qualified for it, as provided in subsection (a). This
subsection does not apply to a member who is entitled to
basic pay under section 204 of this title.’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ment made by this section shall take effect on January
1, 2002, and apply to duty described in the amendment
made by subsection (a)(2) on or after that date.
212
SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUB-
MARINE DUTY INCENTIVE PAY RATES.
(a) AUTHORITY OF SECRETARY OF THE NAVY; MAX-
IMUM RATE.—Section 301c of title 37, United States
Code, is amended by striking subsection (b) and inserting
the following new subsection:
‘‘(b) MONTHLY RATES.—(1) Subject to paragraph
(2), a member who meets the requirements prescribed in
subsection (a) is entitled to monthly submarine duty in-
centive pay in an amount prescribed by the Secretary of
the Navy.
‘‘(2) The monthly amount of submarine duty incen-
tive pay may not exceed $1,000.’’.
(b) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in subsection (a), by striking ‘‘set forth in’’
each place it appears and inserting ‘‘prescribed pur-
suant to’’; and
(2) in subsection (d), by striking ‘‘authorized
by’’ and inserting ‘‘prescribed pursuant to’’.
(c) EFFECTIVE DATE; TRANSITION.—The amend-
ments made by this section shall take effect on January
1, 2002. The tables set forth in subsection (b) of section
301c of title 37, United States Code, as in effect on De-
cember 31, 2001, shall continue to apply until the Sec-
retary of the Navy prescribes new submarine duty incen-
213
tive pay rates as authorized by the amendment made by
subsection (a).
SEC. 618. IMPOSITION OF CRITICAL WARTIME SKILL RE-
QUIREMENT 
FOR 
ELIGIBILITY 
FOR 
INDI-
VIDUAL READY RESERVE BONUS.
Section 308h(a)(1) of title 37, United States Code,
is amended—
(1) by striking ‘‘and who’’ and inserting ‘‘, who
is qualified in a skill or speciality designated by the
Secretary concerned as critically short to meet war-
time requirements, and who’’; and
(2) by striking ‘‘a combat or combat support
skill of’’.
SEC. 619. INSTALLMENT PAYMENT AUTHORITY FOR 15-
YEAR CAREER STATUS BONUS.
(a) MEMBER ELECTION.—Section 322(d) of title 37,
United States Code, is amended—
(1) in paragraph (1), by striking ‘‘paid in a sin-
gle lump sum of’’ and inserting ‘‘equal to’’;
(2) by redesignating paragraph (2) as para-
graph (4), and in such paragraph, by striking ‘‘The
bonus’’ and inserting ‘‘The lump sum payment of
the bonus, and the first installment payment in the
case of members who elect to receive the bonus in
installments,’’; and
214
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs:
‘‘(2) A member electing to receive the bonus under
this section shall elect one of the following payment op-
tions:
‘‘(A) A single lump sum of $30,000.
‘‘(B) Two installments of $15,000 each.
‘‘(C) Three installments of $10,000 each.
‘‘(D) Four installments of $7,500 each.
‘‘(E) Five installments of $6,000 each.
‘‘(3) If a member elects installment payments under
paragraph (2), the second installment (and subsequent in-
stallments, as applicable) shall be paid on the earlier of
the following dates:
‘‘(A) The annual anniversary date of the pay-
ment of the first installment.
‘‘(B) January 15 of each succeeding calendar
year.’’.
(c) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on the date
of the enactment of this Act. The Secretary concerned (as
defined in section 101(5) of title 37, United States Code)
shall extend to each member of the uniformed services who
has executed the written agreement required by subsection
(a)(2) of section 322 of such title before that date, but
215
who has not received the lump sum payment by that date,
an opportunity to make the election authorized by sub-
section (d) of such section, as amended by subsection (a)
of this section.
SEC. 620. ACCESSION BONUS FOR NEW OFFICERS.
(a) BONUS AUTHORIZED.—Chapter 5 of title 37,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 324. Special pay: accession bonus for new officers
‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regu-
lations prescribed by the Secretary concerned, a person
who executes a written agreement to accept a commission
as an officer of the armed forces and serve on active duty
for the period specified in the agreement may, upon ac-
ceptance 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 $100,000.
‘‘(c) PAYMENT METHOD.—Upon acceptance of a
written agreement under subsection (a) by the Secretary
concerned, the total amount of the accession bonus pay-
able under the agreement becomes fixed. The agreement
216
shall specify whether the accession bonus will be paid by
the Secretary in a lump sum or installments.
‘‘(d) RELATION TO OTHER ACCESSION BONUS AU-
THORITY.—An individual may not receive a accession
bonus under this section and section 302d, 302h, 302j,
or 312b of this title for the same period of service.
‘‘(e) REPAYMENT.—(1) If an individual who has en-
tered into an agreement under subsection (a) and has re-
ceived all or part of the accession bonus under the agree-
ment fails to accept a commission as an officer or to com-
mence or complete the total period of active duty service
specified in the agreement, the Secretary concerned may
require the individual to repay the United States, on a
pro rata basis and to the extent that the Secretary deter-
mines conditions and circumstances warrant, any or all
of the amount paid to the individual under the agreement.
‘‘(2) An obligation to repay the United States im-
posed under paragraph (1) is for all purposes a debt owed
to the United States.
‘‘(3) A discharge in bankruptcy under title 11 that
is entered less than five years after the termination of a
written agreement entered into under subsection (a) does
not discharge the individual signing the agreement from
a debt arising under such agreement or under paragraph
(1).’’.
217
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘324. Special pay: accession bonus for new officers.’’.
Subtitle C—Travel and
Transportation Allowances
SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND
TRANSPORTATION ALLOWANCE FOR TRAVEL
PERFORMED UPON A CHANGE OF PERMA-
NENT STATION AND CERTAIN OTHER TRAV-
EL.
(a) ESTABLISHMENT OF RATE.—Section 404(d) of
title 37, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(5) The per diem rates established under paragraph
(2)(A) for travel performed in connection with a change
of permanent station or for travel described in paragraph
(2) or (3) of subsection (a) shall be equal to the standard
per diem rates established in the Federal travel regulation
for travel within the continental United States of civilian
employees and their dependents, unless the Secretaries
concerned determines that a higher rate for members is
more appropriate.’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ment made by this section shall take effect on January
1, 2003, and apply to travel covered by such amendment
218
that is performed on or after that date by members of
the uniformed services and their dependents.
SEC. 632. PAYMENT OR REIMBURSEMENT OF TEMPORARY
SUBSISTENCE EXPENSES.
(a) INCLUSION OF OFFICERS.—Subsection (a)(2)(C)
of section 404a of title 37, United States Code, is amend-
ed by striking ‘‘an enlisted member’’ and inserting ‘‘a
member’’.
(b) INCREASE
IN MAXIMUM DAILY AUTHORIZED
RATE.—Subsection (e) of such section is amended by
striking ‘‘$110’’ and inserting ‘‘$180’’.
(c) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January
1, 2002, and apply with respect to an order in connection
with a change of permanent station issued on or after that
date.
SEC. 633. INCREASED WEIGHT ALLOWANCE FOR TRANS-
PORTATION OF BAGGAGE AND HOUSEHOLD
EFFECTS FOR JUNIOR ENLISTED MEMBERS.
(a) INCREASED WEIGHT ALLOWANCES.—The table
in section 406(b)(1)(C) of title 37, United States Code,
is amended—
(1) by striking the two footnotes; and
219
(2) by striking the items relating to pay grade
E–1 through E–4 and inserting the following new
items:
‘‘E–4 ...............................................................................................................
7,000
8,000
‘‘E–3 ...............................................................................................................
5,000
8,000
‘‘E–2 ...............................................................................................................
5,000
8,000
‘‘E–1 ...............................................................................................................
5,000
8,000’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January
1, 2003, and apply with respect to an order in connection
with a change of temporary or permanent station issued
on or after that date.
SEC. 634. REIMBURSEMENT OF MEMBERS FOR MANDATORY
PET QUARANTINE FEES FOR HOUSEHOLD
PETS.
Section 406(a)(1) of title 37, United States Code, is
amended in the last sentence by striking ‘‘$275’’ and in-
serting ‘‘$675’’.
SEC. 635. AVAILABILITY OF DISLOCATION ALLOWANCE FOR
MARRIED MEMBER, WHOSE SPOUSE IS A
MEMBER, ASSIGNED TO MILITARY FAMILY
HOUSING.
(a) ALLOWANCE AVAILABLE.—Section 407(a)(2) of
title 37, United States Code, is amended by adding at the
end the following new subparagraph:
‘‘(F) A member married to another member,
both of whom are without other dependents, who ac-
220
tually moves to a new permanent duty station where
the member is assigned to family housing provided
by the United States, except that only one disloca-
tion allowance may be paid to the married couple
with respect to the move.’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January
1, 2003, and apply with respect to an order to move for
a member of a uniformed service issued on or after that
date.
SEC. 636. ELIMINATION OF PROHIBITION ON RECEIPT OF
DISLOCATION ALLOWANCE BY MEMBERS OR-
DERED TO FIRST DUTY STATION.
(a) ALLOWANCE AVAILABLE.—Section 407(e) of title
37, United States Code, is amended—
(1) by striking ‘‘FIRST OR LAST DUTY’’ and in-
serting ‘‘EFFECT
OF ORDER FROM LAST DUTY
STATION’’; and
(2) by striking ‘‘from the member’s home to the
member’s first duty station or’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January
1, 2003, and apply with respect to an order to move for
a member of a uniformed service issued on or after that
date.
221
SEC. 637. PARTIAL DISLOCATION ALLOWANCE AUTHOR-
IZED FOR HOUSING MOVES ORDERED FOR
GOVERNMENT CONVENIENCE.
(a) AUTHORIZATION OF PARTIAL DISLOCATION AL-
LOWANCE.—Section 407 of title 37, United States Code
is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the fol-
lowing new subsection:
‘‘(f) 
PARTIAL
DISLOCATION
ALLOWANCE.—(1)
Under regulations prescribed by the Secretary concerned,
a member ordered to occupy or vacate family housing pro-
vided by the United States to permit the privatization or
renovation of housing or for any other reason (other than
pursuant to a permanent change of station) may be paid
a partial dislocation allowance of $500.
‘‘(2) Effective on the same date that the monthly
rates of basic pay for all members are increased under
section 1009 of this title or another provision of law, the
Secretary of Defense shall adjust the rate of the partial
dislocation allowance authorized by this subsection by the
percentage equal to the average percentage increase in the
rates of basic pay.
‘‘(3) Subsections (c) and (d) do not apply to the par-
tial dislocation allowance authorized by this subsection.’’.
222
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January
1, 2002, and apply with respect to an order to move for
a member of a uniformed service issued on or after that
date.
SEC. 638. ALLOWANCES FOR TRAVEL PERFORMED IN CON-
NECTION WITH MEMBERS TAKING AUTHOR-
IZED LEAVE BETWEEN CONSECUTIVE OVER-
SEAS TOURS.
Section 411b(a)(1) of title 37, United States Code,
is amended by striking ‘‘, or his designee, or to a place
no farther distant than his home of record’’.
SEC. 639. FUNDED STUDENT TRAVEL AS PART OF SCHOOL-
SPONSORED EXCHANGE PROGRAMS.
(a) RECOGNITION OF TEMPORARY EXCHANGE PRO-
GRAMS.—Section 430 of title 37, United States Code, is
amended—
(1) in subsection (a)(3), by inserting before the
comma at the end the following: ‘‘or is attending a
school outside the continental United States, if the
dependent is attending the school outside the conti-
nental United States for less than one year under a
program approved by the school in the continental
United States at which the dependent is enrolled’’;
and
223
(2) in subsection (b)(1), by striking ‘‘in the
continental United States for the purpose of obtain-
ing a formal education’’ in the first sentence and in-
serting ‘‘described in subsection (a)(3)’’.
(b) LIMITATION ON AMOUNT OF ALLOWANCE.—Sub-
section (b) of such section is amended by adding at the
end the following new paragraph:
‘‘(3) The transportation allowance under paragraph
(1) for a dependent child who is attending a school outside
the continental United States for less than one year under
a program approved by the school in the continental
United States at which the dependent is enrolled shall not
exceed the allowance the member would be paid for a trip
between the school in the continental United States and
the member’s duty station outside the continental United
States and return.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 2002.
224
Subtitle D—Retirement and
Survivor Benefit Matters
SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RE-
CEIPT OF MILITARY RETIRED PAY AND VET-
ERANS’ DISABILITY COMPENSATION.
(a) RESTORATION OF RETIRED PAY BENEFITS.—
Chapter 71 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 1414. Members eligible for retired pay who have
service-connected disabilities: payment of
retired pay and veterans’ disability com-
pensation; contingent authority
‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM-
PENSATION.—Subject to subsection (b), a member or
former member of the uniformed services who is entitled
to retired pay (other than as specified in subsection (c))
and who is also entitled to veterans’ disability compensa-
tion is entitled to be paid both without regard to sections
5304 and 5305 of title 38, subject to the enactment of
qualifying offsetting legislation as specified in subsection
(f).
‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RE-
TIREES.—The retired pay of a member retired under
chapter 61 of this title with 20 years or more of service
otherwise creditable under section 1405 of this title at the
225
time of the member’s retirement is subject to reduction
under sections 5304 and 5305 of title 38, but only to the
extent that the amount of the member’s retired pay under
chapter 61 of this title exceeds the amount of retired pay
to which the member would have been entitled under any
other provision of law based upon the member’s service
in the uniformed services if the member had not been re-
tired under chapter 61 of this title.
‘‘(c) EXCEPTION.—Subsection (a) does not apply to
a member retired under chapter 61 of this title with less
than 20 years of service otherwise creditable under section
1405 of this title at the time of the member’s retirement.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘retired pay’ includes retainer
pay, emergency officers’ retirement pay, and naval
pension.
‘‘(2) The term ‘veterans’ disability compensa-
tion’ has the meaning given the term ‘compensation’
in section 101(12) of title 38.
‘‘(e) EFFECTIVE DATE.—If qualifying offsetting leg-
islation (as defined in subsection (f)) is enacted, the provi-
sions of subsection (a) shall take effect on—
‘‘(1) the first day of the first month beginning
after the date of the enactment of such qualifying
offsetting legislation; or
226
‘‘(2) the first day of the fiscal year that begins
in the calendar year in which such legislation is en-
acted, if that date is later than the date specified in
paragraph (1).
‘‘(f) EFFECTIVENESS CONTINGENT ON ENACTMENT
OF OFFSETTING LEGISLATION.—(1) The provisions of
subsection (a) shall be effective only if—
‘‘(A) the President, in the budget for any fiscal
year, proposes the enactment of legislation that, if
enacted, would be qualifying offsetting legislation;
and
‘‘(B) after that budget is submitted to Con-
gress, there is enacted qualifying offsetting legisla-
tion.
‘‘(2) For purposes of this subsection:
‘‘(A) The term ‘qualifying offsetting legislation’
means legislation (other than an appropriations Act)
that includes provisions that—
‘‘(i) offset fully the increased outlays to be
made by reason of the provisions of subsection
(a) for each of the first 10 fiscal years begin-
ning after the date of the enactment of such
legislation;
227
‘‘(ii) expressly state that they are enacted
for the purpose of the offset described in clause
(i); and
‘‘(iii) are included in full on the PayGo
scorecard.
‘‘(B) The term ‘PayGo scorecard’ means the es-
timates that are made by the Director of the Con-
gressional Budget Office and the Director of the Of-
fice of Management and Budget under section
252(d) of the Balanced Budget and Emergency Def-
icit Control Act of 1985 (2 U.S.C. 902(d)) with re-
spect to the ten fiscal years following the date of the
enactment of the legislation that is qualifying offset-
ting legislation for purposes of this section.’’.
(b) CONFORMING TERMINATION OF SPECIAL COM-
PENSATION PROGRAM.—Section 1413(a) of such title is
amended by adding at the end the following new sentence:
‘‘If the provisions of subsection (a) of section 1414 of this
title become effective in accordance with subsection (f) of
that section, payments under this section shall be termi-
nated effective as of the month beginning on the effective
date specified in subsection (e) of that section.’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
228
‘‘1414. Members eligible for retired pay who have service-connected disabilities:
payment of retired pay and veterans’ disability compensation;
contingent authority.’’.
(d) PROHIBITION OF RETROACTIVE BENEFITS.—If
the provisions of subsection (a) of section 1414 of title
10, United States Code, becomes effective in accordance
with subsection (f) of that section, no benefit may be paid
to any person by reason of those provisions for any period
before the effective date specified in subsection (e) of that
section.
Subtitle E—Other Matters
SEC. 651. FUNERAL HONORS DUTY ALLOWANCE FOR RE-
TIRED MEMBERS.
(a) ALLOWANCE AUTHORIZED.—Subsection (a) of
section 435 of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Secretary concerned may also authorize
payment of an allowance under this section to a retired
member of the armed forces who performs at least two
hours of duty preparing for or performing honors at the
funeral of a veteran.’’.
(b) RELATION
TO OTHER COMPENSATION.—Such
section is further amended by adding at the end the fol-
lowing new subsection:
229
‘‘(c) CONCURRENT PAYMENT.—Notwithstanding any
other provision of law, the allowance paid to a retired
member of the armed forces under this section shall be
in addition to any other compensation to which the retired
member may be entitled under this title or titles 10 or
38.’’.
TITLE VII—HEALTH CARE
PROVISIONS
Subtitle A—TRICARE Program
SEC. 
701. 
IMPLEMENTING 
COST-EFFECTIVE 
PAYMENT
RATES UNDER THE TRICARE PROGRAM.
Not later than January 1, 2002, the Secretary of De-
fense shall, with respect to categories of health care pro-
viders or services for which the Secretary has not already
done so and to the extent that the Secretary determines
is practicable—
(1) implement the payment rates used under
medicare, or similar rates based on medicare pay-
ment methods, to pay for health care services pro-
vided by institutional and noninstitutional providers
under the TRICARE program; and
(2) as a condition of participation in the
TRICARE program, prohibit balance billing of cov-
ered beneficiaries by institutional providers and limit
balance billing by noninstitutional providers (subject
230
to any exceptions the Secretary determines appro-
priate) consistent with the limiting charge percent-
age under medicare.
SEC. 702. WAIVER OF NONAVAILABILITY STATEMENT OR
PREAUTHORIZATION REQUIREMENT.
(a) IN GENERAL.—Section 721 of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted in Public Law 106–398; 114 Stat.
1654A–184) is amended—
(1) in the matter preceding paragraph (1) in
subsection (a), by striking ‘‘new’’;
(2) by striking subsection (c) and inserting the
following:
‘‘(c) EXCEPTIONS.—(1) Subject to paragraph (2), the
Secretary may provide that subsection (a) shall not apply
for a period of up to one year if—
‘‘(A) the Secretary—
‘‘(i) demonstrates significant costs would
be avoided by performing specific procedures at
the affected military medical treatment facility
or facilities;
‘‘(ii) determines that a specific procedure
must be provided at the affected military med-
ical treatment facility or facilities to ensure the
231
proficiency levels of the practitioners at the fa-
cility or facilities; or
‘‘(iii) determines that the lack of nonavail-
ability statement data would significantly inter-
fere with TRICARE contract administration;
‘‘(B) the Secretary provides notification of the
Secretary’s intent to make an exception under this
subsection to covered beneficiaries who receive care
at the military medical treatment facility or facilities
that will be affected by the decision to make an ex-
ception under this subsection;
‘‘(C) the Secretary provides notification to the
Committees on Armed Services of the House of Rep-
resentatives and the Senate of the Secretary’s intent
to make an exception under this subsection, the rea-
son for making an exception, and the date that a
nonavailability statement will be required; and
‘‘(D) 60 days have elapsed since the date of the
notification described in subparagraph (C).
‘‘(2)(A) Except as provided in subparagraph (B), the
Secretary may make an exception under this subsection
with respect to—
‘‘(i) one or more services performed at a mili-
tary medical treatment facility or facilities; or
232
‘‘(ii) one or more services performed in a
TRICARE region.
‘‘(B) With respect to maternity care, the Secretary
may make an exception under this subsection with respect
to a military medical treatment facility.
‘‘(3) In the case of health care provided in conjunc-
tion with a graduate medical education program, the pe-
riod of nonapplicability described in paragraph (1) shall
be, instead of one year, the period for which a residency
review committee has approved the program.’’; and
(3) in subsection (d), by striking ‘‘October 1,
2001’’ and inserting ‘‘two years after the date of the
enactment of the National Defense Authorization
Act for Fiscal Year 2002’’.
(b) REPORT.—Not later than March 1, 2002, the
Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a report on the Secretary’s plans for implementing
such section.
SEC. 703. IMPROVEMENTS IN ADMINISTRATION OF THE
TRICARE PROGRAM.
(a) EXPANSION OF TRICARE PROGRAM.—Section
1072(7) of title 10, United States Code, is amended by
striking ‘‘the competitive selection of contractors to finan-
cially underwrite’’.
233
(b) REDUCTION OF CONTRACT START-UP TIME.—
Section 1095c(b) of such title is amended—
(1) in paragraph (1)—
(A) by striking ‘‘The’’ and inserting ‘‘Ex-
cept as provided in paragraph (3), the’’; and
(B) by striking ‘‘contract.’’ and all that
follows through ‘‘as soon as practicable after
the award of the’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) The Secretary may reduce the nine-month start-
up period required under paragraph (1) if—
‘‘(A) the Secretary—
‘‘(i) determines that a shorter period is
sufficient to ensure effective implementation of
all contract requirements; and
‘‘(ii) submits notification to the Commit-
tees on Armed Services of the House of Rep-
resentatives and the Senate of the Secretary’s
intent to reduce the nine-month start-up period;
and
‘‘(B) 60 days have elapsed since the date of
such notification.’’.
240
todial care services under the Individual Case Manage-
ment Program for which the Secretary provided payment.
(f) REPORT
ON INITIATIVES REGARDING LONG-
TERM CARE.—The Secretary of Defense shall, not later
than April 1, 2002, submit to Congress a report on the
feasibility and desirability of establishing new initiatives,
taking into account chapter 90 of title 5, United States
Code, to improve the availability of long-term care for
members and retired members of the uniformed services
and their families.
(g) REFERENCE IN TITLE 10 TO LONG-TERM CARE
PROGRAM IN TITLE 5.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074j
(as added by subsection (a)) the following new section:
‘‘§ 1074k. Long-term care insurance
‘‘Provisions regarding long-term care insurance for
members and certain former members of the uniformed
services and their families are set forth in chapter 90 of
title 5.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1074j (as added by subsection (a)) the following
new item:
‘‘1074k. Long-term care insurance.’’.
271
thority under such subsections may not be exercised to
use, credit, or deposit funds collected under such a pro-
gram as provided in those subsections to the extent that
any other provision of law requires or authorizes the cred-
iting of such funds to a nonappropriated fund instrumen-
tality, revolving fund, working-capital fund, trust fund, or
other fund or account.
SEC. 814. SOURCES OF RECOVERY SERVICES.
(a) CONSIDERATION OF AVAILABLE RECOVERY RE-
SOURCES.—(1) In carrying out a program under section
812, the head of an executive agency shall consider all re-
sources available to that official to carry out the program.
(2) The resources considered by the head of an execu-
tive agency for carrying out the program shall include the
resources available to the executive agency for such pur-
pose from the following sources:
(A) The executive agency.
(B) Other departments and agencies of the
United States.
(C) Private sector sources.
(b) COMPLIANCE WITH APPLICABLE LAW AND REG-
ULATIONS.—Before entering into a contract with a private
sector source for the performance of services under a pro-
gram of the executive agency carried out under section
812, the head of an executive agency shall comply with—
518
rity, shall provide the head of each national security lab-
oratory and nuclear weapons production facility with the
authority to transfer weapons activities funds from a pro-
gram under the jurisdiction of such laboratory or facility
to another such program.
(b) LIMITATIONS.—(1) The amount transferred
under subsection (a) by a laboratory or facility in a fiscal
year may not exceed the lesser of—
(A) $5,000,000; and
(B) 10 percent of the total weapons activities
funds available to that laboratory or facility in that
fiscal year for programs under the jurisdiction of
such laboratory or facility.
(2) A transfer may not be carried out under sub-
section (a) unless the head of the laboratory or facility
determines that the transfer will result in cost savings and
efficiencies.
(3) A transfer may not be carried out under sub-
section (a) to cover a cost overrun or scheduling delay for
any program.
(4) Funds transferred pursuant to subsection (a)
may not be used for an item for which Congress has spe-
cifically denied, limited, or increased funds or for a new
program that has not been authorized by Congress.