H. R. 1588—68
officer to wear the insignia for that grade and a period
of 30 days has elapsed after the date of the notification.’’.
(b) EFFECTIVE DATE.—Paragraph (3) of subsection (b) of section
777 of title 10, United States Code, as added by subsection (a),
shall not apply with respect to the wearing by an officer of insignia
for a grade that was authorized under that section before the
date of the enactment of this Act.
Subtitle B—Reserve Component Matters
SEC. 511. STREAMLINED PROCESS FOR CONTINUATION OF OFFICERS
ON THE RESERVE ACTIVE-STATUS LIST.
(a) REPEAL OF REQUIREMENT FOR USE OF SELECTION BOARDS.—
Section 14701 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘by a selection board
convened under section 14101(b) of this title’’ and inserting
‘‘under regulations prescribed by the Secretary of Defense’’;
and
(B) in paragraph (6), by striking ‘‘as a result of the
convening of a selection board under section 14101(b) of
this title’’ and inserting ‘‘under regulations prescribed
under paragraph (1)’’;
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(b) CONFORMING AMENDMENTS.—(1) Section 14101(b) of such
title is amended—
(A) by striking ‘‘CONTINUATION BOARDS’’ and inserting
‘‘SELECTIVE EARLY SEPARATION BOARDS’’;
(B) by striking paragraph (1);
(C) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(D) by striking the last sentence.
(2) Section 14102(a) of such title is amended by striking
‘‘Continuation boards’’ and inserting ‘‘Selection boards convened
under section 14101(b) of this title’’.
(3) Section 14705(b)(1) of such title is amended by striking
‘‘continuation board’’ and inserting ‘‘selection board’’.
SEC. 512. CONSIDERATION OF RESERVE OFFICERS FOR POSITION
VACANCY PROMOTIONS IN TIME OF WAR OR NATIONAL
EMERGENCY.
(a) PROMOTION CONSIDERATION WHILE ON ACTIVE-DUTY LIST.—
(1) Subsection (d) of section 14317 of title 10, United States Code,
is amended by striking ‘‘If a reserve officer’’ and inserting ‘‘Except
as provided in subsection (e), if a reserve officer’’.
(2) Subsection (e) of such section is amended to read as follows:
‘‘(e) OFFICERS ORDERED
TO ACTIVE DUTY
IN TIME
OF WAR
OR NATIONAL EMERGENCY.—(1) A reserve officer who is not on
the active-duty list and who is ordered to active duty in time
of war or national emergency may, if eligible, be considered for
promotion—
‘‘(A) by a mandatory promotion board convened under sec-
tion 14101(a) of this title or a special selection board convened
under section 14502 of this title; or
H. R. 1588—69
‘‘(B) in the case of an officer who has been ordered to
or is serving on active duty in support of a contingency oper-
ation, by a vacancy promotion board convened under section
14101(a) of this title.
‘‘(2) An officer may not be considered for promotion under
this subsection after the end of the two-year period beginning
on the date on which the officer is ordered to active duty.
‘‘(3) An officer may not be considered for promotion under
this subsection during a period when the operation of this section
has been suspended by the President under section 123(a) of this
title.
‘‘(4) Consideration of an officer for promotion under this sub-
section shall be under regulations prescribed by the Secretary of
the military department concerned.’’.
(b) CONFORMING AMENDMENT.—Section 14315(a)(1) of such title
is amended by striking ‘‘as determined by the Secretary concerned,
is available’’ and inserting ‘‘under regulations prescribed by the
Secretary concerned, has been recommended’’.
SEC. 513. AUTHORITY FOR DELEGATION OF REQUIRED SECRETARIAL
SPECIAL 
FINDING 
FOR 
PLACEMENT 
OF 
CERTAIN
RETIRED MEMBERS IN READY RESERVE.
The last sentence of section 10145(d) of title 10, United States
Code, is amended to read as follows: ‘‘The authority of the Secretary
concerned under the preceding sentence may not be delegated—
‘‘(1) to a civilian officer or employee of the military depart-
ment concerned below the level of Assistant Secretary; or
‘‘(2) to a member of the armed forces below the level of
the lieutenant general or vice admiral in an armed force with
responsibility for military personnel policy in that armed force.’’.
SEC. 514. AUTHORITY TO PROVIDE EXPENSES OF ARMY AND AIR STAFF
PERSONNEL 
AND 
NATIONAL 
GUARD 
BUREAU 
PER-
SONNEL ATTENDING NATIONAL CONVENTIONS OF CER-
TAIN MILITARY ASSOCIATIONS.
(a) AUTHORITY.—Section 107(a)(2) of title 32, United States
Code, is amended—
(1) by striking ‘‘officers’’ and inserting ‘‘members’’;
(2) by striking ‘‘Army General Staff’’ and inserting ‘‘Army
Staff’’; and
(3) by striking ‘‘the National Guard Association of the
United States’’ and inserting ‘‘the Enlisted Association of the
National Guard of the United States, the National Guard
Association of the United States,’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall not apply with respect to funds appropriated for a fiscal
year before fiscal year 2004.
SEC. 515. EXPANDED AUTHORITY FOR USE OF READY RESERVE IN
RESPONSE TO TERRORISM.
Section 12304 of title 10, United States Code, is amended—
(1) in subsection (b)(2), by striking ‘‘catastrophic’’ and
inserting ‘‘significant’’; and
(2) by adding at the end of subsection (c) the following
new paragraph:
‘‘(3) No unit or member of a reserve component may be ordered
to active duty under this section to provide assistance referred
to in subsection (b) unless the President determines that the
H. R. 1588—70
requirements for responding to an emergency referred to in that
subsection have exceeded, or will exceed, the response capabilities
of local, State, and Federal civilian agencies.’’.
SEC. 516. NATIONAL GUARD OFFICERS ON ACTIVE DUTY IN COMMAND
OF NATIONAL GUARD UNITS.
(a) CONTINUATION IN STATE STATUS.—Subsection (a) of section
325 of title 32, United States Code, is amended—
(1) by striking ‘‘(a) Each’’ and inserting ‘‘(a) RELIEF
REQUIRED.—(1) Except as provided in paragraph (2), each’’;
and
(2) by adding at the end the following new paragraph:
‘‘(2) An officer of the Army National Guard of the United
States or the Air National Guard of the United States is not
relieved from duty in the National Guard of his State or Territory,
or of Puerto Rico or the District of Columbia, under paragraph
(1) while serving on active duty in command of a National Guard
unit if—
‘‘(A) the President authorizes such service in both duty
statuses; and
‘‘(B) the Governor of his State or Territory or Puerto Rico,
or the commanding general of the District of Columbia National
Guard, as the case may be, consents to such service in both
duty statuses.’’.
(b) FORMAT AMENDMENT.—Subsection (b) of such section is
amended by inserting ‘‘RETURN TO STATE STATUS.—’’ after ‘‘(b)’’.
SEC. 517. PRESIDENTIAL REPORT ON MOBILIZATION OF RESERVE
COMPONENT PERSONNEL AND SECRETARY OF DEFENSE
ASSESSMENT.
(a) PRESIDENTIAL REPORT.—Not later than six months after
the date of the enactment of this Act, the President shall transmit
to Congress a report on the mobilization during fiscal years 2002
and 2003 of members of the reserve components. The report shall
include, for each of those fiscal years, the following:
(1) The number of members of the reserve components
who were called or ordered to active duty under a provision
of law specified in section 101(a)(13)(B) of title 10, United
States Code.
(2) Of the members counted under paragraph (1), the
number who, under a call or order to active duty referred
to in paragraph (1), served on active duty for one year or
more (including any extension on active duty) and, for those
members, specification of their military specialties and the
number of such members in each such specialty.
(3) Of the members counted under paragraph (1), the
number who, under a provision of law referred to in paragraph
(1), were called or ordered to active duty more than once and,
for those members, specification of their military specialties
and the number of such members in each such specialty.
(b) ASSESSMENT BY SECRETARY OF DEFENSE.—Not later than
one year after the date of the enactment of this Act, 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 the following:
(1) A description of the effects on reserve component
recruitment and retention that have resulted from—
H. R. 1588—71
(A) the calls and orders of Reserves to active duty
during fiscal years 2002 and 2003; and
(B) the tempo of the service of the Reserves on the
active duty to which called or ordered.
(2) A description of changes in the Armed Forces, including
any changes in the allocation of roles and missions, in force
structure, and in capabilities between the active components
and the reserve components of the Armed Forces, that are
envisioned by the Secretary of Defense on the basis of—
(A) the effects discussed under paragraph (1);
(B) the lessons learned from calling and ordering the
reserve components to active duty during fiscal years 2002
and 2003; or
(C) future military force structure and capabilities
requirements.
(3) On the basis of the lessons learned as a result of
calling and ordering members of the reserve components to
active duty during fiscal years 2002 and 2003, an assessment
of the process for calling and ordering such members to active
duty, preparing such members for active duty, processing such
members into the force upon entry onto active duty, and
deploying such members, including an assessment of the ade-
quacy of the alert and notification process from the perspectives
of individual members, of reserve component units, and of
employers of such members.
SEC. 518. AUTHORITY FOR THE USE OF OPERATION AND MAINTE-
NANCE FUNDS FOR PROMOTIONAL ACTIVITIES OF THE
NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF
THE GUARD AND RESERVE.
Section 2241 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) ACTIVITIES OF THE NATIONAL COMMITTEE FOR EMPLOYER
SUPPORT OF THE GUARD AND RESERVE.—Amounts appropriated for
operation and maintenance may, under regulations prescribed by
the Secretary of Defense, be used by the Secretary for official
reception, representation, and advertising activities and materials
of the National Committee for Employer Support of the Guard
and Reserve to further employer commitments to their employees
who are members of a reserve component.’’.
Subtitle C—ROTC and Military Service
Academies
SEC. 521. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR
CADETS AND MIDSHIPMEN RECEIVING ROTC SCHOLAR-
SHIPS.
(a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE ON ACTIVE
DUTY.—Section 2107(c) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
‘‘(3) In the case of a cadet or midshipman eligible to receive
financial assistance under paragraph (1) or (2), the Secretary of
the military department concerned may, in lieu of all or part of
the financial assistance described in paragraph (1), provide financial
assistance in the form of room and board expenses for the cadet
H. R. 1588—72
or midshipman and other expenses required by the educational
institution.
‘‘(4) The total amount of financial assistance, including the
payment of room and board and other educational expenses, pro-
vided to a cadet or midshipman in an academic year under this
subsection may not exceed an amount equal to the amount that
could be provided as financial assistance for such cadet or mid-
shipman under paragraph (1) or (2), or another amount determined
by the Secretary concerned, without regard to whether room and
board and other educational expenses for such cadet or midshipman
are paid under paragraph (3).’’.
(b) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE IN TROOP
PROGRAM UNITS.—Section 2107a(c) of such title is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following new paragraphs:
‘‘(2) In the case of a cadet eligible to receive financial assistance
under paragraph (1), the Secretary of the military department
concerned may, in lieu of all or part of the financial assistance
described in paragraph (1), provide financial assistance in the form
of room and board expenses for such cadet and other expenses
required by the educational institution.
‘‘(3) The total amount of financial assistance, including the
payment of room and board and any other educational expenses,
provided to a cadet in an academic year under this subsection
may not exceed an amount equal to the amount that could be
provided as financial assistance for such cadet under paragraph
(1), or another amount determined by the Secretary of the Army,
without regard to whether the room and board and other edu-
cational expenses for such cadet are paid under paragraph (2).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to payment of expenses of cadets and midshipmen
of the Senior Reserve Officers’ Training Corps program that are
due after the date of the enactment of this Act.
SEC. 522. INCREASE IN ALLOCATION OF SCHOLARSHIPS UNDER ARMY
RESERVE ROTC SCHOLARSHIP PROGRAM TO STUDENTS
AT MILITARY JUNIOR COLLEGES.
Section 2107a(h) of title 10, United States Code, is amended
by striking ‘‘10’’ each place it appears and inserting ‘‘17’’.
SEC. 523. AUTHORITY FOR NONSCHOLARSHIP SENIOR ROTC SOPHO-
MORES TO VOLUNTARILY CONTRACT FOR AND RECEIVE
SUBSISTENCE ALLOWANCE.
(a) AUTHORITY FOR ALLOWANCE.—Section 209 of title 37, United
States Code, is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) NONSCHOLARSHIP
SENIOR
ROTC MEMBERS
NOT
IN
ADVANCED TRAINING.—A member of the Selected Reserve Officers’
Training Corps who has entered into an agreement under section
2103a of title 10 is entitled to a monthly subsistence allowance
at a rate prescribed under subsection (a). That allowance may
be paid to the member by reason of such agreement for a maximum
of 20 months.’’.
H. R. 1588—73
(b) AUTHORITY TO ACCEPT ENROLLMENT.—(1) Chapter 103 of
title 10, United States Code, is amended by inserting after section
2103 the following new section:
‘‘§ 2103a. Students not eligible for advanced training: commit-
ment to military service
‘‘(a) AUTHORITY.—A member of the program who has completed
successfully the first year of a four-year Senior Reserve Officers’
Training Corps course and who is not eligible for advanced training
under section 2104 of this title and is not a cadet or midshipman
appointed under section 2107 of this title may—
‘‘(1) contract with the Secretary of the military department
concerned, or the Secretary’s designated representative, to serve
for the period required by the program; and
‘‘(2) agree in writing to accept an appointment, if offered,
as a commissioned officer in the Army, Navy, Air Force, or
Marine Corps, as the case may be, and to serve in the armed
forces for the period prescribed by the Secretary.
‘‘(b) ELIGIBILTY REQUIREMENTS.—A member of the program may
enter into a contract and agreement under this section (and receive
a subsistence allowance under section 209(c) of title 37) only if
the person—
‘‘(1) is a citizen of the United States;
‘‘(2) enlists in an armed force under the jurisdiction of
the Secretary of the military department concerned for the
period prescribed by the Secretary; and
‘‘(3) executes a certificate of loyalty in such form as the
Secretary of Defense prescribes or take a loyalty oath as pre-
scribed by the Secretary.
‘‘(c) PARENTAL CONSENT FOR MINORS.—A member of the pro-
gram who is a minor may enter into a contract under subsection
(a)(1) only with the consent of the member’s parent or guardian.
‘‘(d) TERMINATION OF AUTHORITY.—No contract may be entered
into under subsection (a)(1) after December 31, 2006.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2103
the following new item:
‘‘2103a. Students not eligible for advanced training: commitment to military serv-
ice.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on January 1, 2004.
SEC. 524. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM
NOMINATIONS 
MADE 
BY 
DELEGATES 
FROM 
GUAM,
VIRGIN ISLANDS, AND AMERICAN SAMOA.
(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a) of title
10, United States Code, is amended—
(1) in paragraphs (6) and (8), by striking ‘‘Two’’ and
inserting ‘‘Three’’; and
(2) in paragraph (9), by striking ‘‘One’’ and inserting ‘‘Two’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a) of such
title is amended—
(1) in paragraphs (6) and (8), by striking ‘‘Two’’ and
inserting ‘‘Three’’; and
(2) in paragraph (9), by striking ‘‘One’’ and inserting ‘‘Two’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a) of
such title is amended—
H. R. 1588—74
(1) in paragraphs (6) and (8), by striking ‘‘Two’’ and
inserting ‘‘Three’’; and
(2) in paragraph (9), by striking ‘‘One’’ and inserting ‘‘Two’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to the nomination of candidates for appoint-
ment to the United States Military Academy, the United States
Naval Academy, and the United States Air Force Academy for
classes entering those academies after the date of the enactment
of this Act.
SEC. 525. READMISSION TO SERVICE ACADEMIES OF CERTAIN FORMER
CADETS AND MIDSHIPMEN.
(a) INSPECTOR GENERAL REPORT AS BASIS FOR READMISSION.—
(1) When a formal report by an Inspector General within the Depart-
ment of Defense concerning the circumstances of the separation
of a cadet or midshipman from one of the service academies contains
a specific finding specified in paragraph (2), the Secretary of the
military department concerned may use that report as the sole
basis for readmission of the former cadet or midshipman to the
respective service academy.
(2) A finding specified in this paragraph is a finding that
substantiates that a former service academy cadet or midshipman,
while attending the service academy—
(A) received administrative or punitive action or nonjudicial
punishment as a result of reprisal;
(B) resigned in lieu of disciplinary, administrative, or other
action that the formal report concludes constituted a threat
of reprisal; or
(C) otherwise suffered an injustice that contributed to the
resignation of the cadet or midshipman.
(b) READMISSION.—In the case of a formal report by an Inspector
General described in subsection (a), the Secretary concerned shall
offer the former cadet or midshipman an opportunity for readmis-
sion to the service academy from which the former cadet or mid-
shipman resigned, if the former cadet or midshipman is otherwise
eligible for such readmission.
(c) APPLICATIONS FOR READMISSION.—A former cadet or mid-
shipman described in a report referred to in subsection (a) may
apply for readmission to the service academy on the basis of that
report and shall not be required to submit the request for readmis-
sion through a board for the correction of military records.
(d) REGULATIONS TO MINIMIZE ADVERSE IMPACT UPON READMIS-
SION.—The Secretary of each military department shall prescribe
regulations for the readmission of a former cadet or midshipman
described in subsection (a), with the goal, to the maximum extent
practicable, of readmitting the former cadet or midshipman at no
loss of the academic or military status held by the former cadet
at the time of resignation.
(e) CONSTRUCTION WITH OTHER REMEDIES.—This section does
not preempt or supersede any other remedy that may be available
to a former cadet or midshipman.
(f) SERVICE ACADEMIES.—In this section, the term ‘‘service
academy’’ means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
H. R. 1588—75
SEC. 526. DEFENSE TASK FORCE ON SEXUAL HARASSMENT AND
VIOLENCE AT THE MILITARY SERVICE ACADEMIES.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a Department of Defense task force to examine matters relating
to sexual harassment and violence at the United States Military
Academy and the United States Naval Academy.
(b) RECOMMENDATIONS.—Not later than 12 months after the
date on which all members of the task force have been appointed,
the task force shall submit to the Secretary of Defense a report
recommending ways by which the Department of Defense and the
Department of the Army and the Department of the Navy may
more effectively address matters relating to sexual harassment
and violence at the United States Military Academy and the United
States Naval Academy, respectively. The report shall include an
assessment of, and recommendations (including any recommended
changes in law) for measures to improve, with respect to sexual
harassment and violence at those academies, the following:
(1) Victims’ safety programs.
(2) Offender accountability.
(3) Effective prevention of sexual harassment and violence.
(4) Collaboration among military organizations with respon-
sibility or jurisdiction with respect to sexual harassment and
violence.
(5) Coordination between military and civilian commu-
nities, including local support organizations, with respect to
sexual harassment and violence.
(6) Coordination between military and civilian commu-
nities, including civilian law enforcement relating to acts of
sexual harassment and violence.
(7) Data collection and case management and tracking.
(8) Curricula and training, including standard training pro-
grams for cadets at the United States Military Academy and
midshipmen at the United States Naval Academy and for
permanent personnel assigned to those academies.
(9) Responses to sexual harassment and violence at those
academies, including standard guidelines.
(10) Other issues identified by the task force relating to
sexual harassment and violence at those academies.
(c) METHODOLOGY.—The task force shall consider the findings
and recommendations of previous reviews and investigations of
sexual harassment and violence conducted for those academies as
one of the bases for its assessment.
(d) REPORT.—(1) The task force shall submit to the Secretary
of Defense and the Secretaries of the Army and the Navy a report
on the activities of the task force and on the activities of the
United States Military Academy and the United States Naval
Academy to respond to sexual harassment and violence at those
academies.
(2) The report shall include the following:
(A) Any barriers to implementation of improvements as
a result of those efforts.
(B) Other areas of concern not previously addressed in
prior reports.
(C) The findings and conclusions of the task force.
(D) Any recommendations for changes to policy and law
as the task force considers appropriate, including whether cases
of sexual assault at those academies should be included in
H. R. 1588—76
the Department of Defense database known as the Defense
Incident-Based Reporting System.
(3) Within 90 days after receipt of the report under paragraph
(1) the Secretary of Defense shall submit the report, together with
the Secretary’s evaluation of the report, to the Committees on
Armed Services of the Senate and House of Representatives.
(e) REPORT ON AIR FORCE ACADEMY.—Simultaneously with the
submission of the report under subsection (d)(3), the Secretary
of Defense, in coordination with the Secretary of the Air Force,
shall submit to the committees specified in that subsection the
Secretary’s assessment of the effectiveness of corrective actions
being taken at the United States Air Force Academy as a result
of various investigations conducted at that Academy into matters
involving sexual assault and harassment.
(f) COMPOSITION.—(1) The task force shall consist of not more
than 14 members, to be appointed by the Secretary of Defense.
Members shall be appointed from each of the Army, Navy, Air
Force, and Marine Corps, and shall include an equal number of
personnel of the Department of Defense (military and civilian)
and persons from outside the Department of Defense. Members
appointed from outside the Department of Defense may be
appointed from other Federal departments and agencies, from State
and local agencies, or from the private sector.
(2) The Secretary shall ensure that the membership of the
task force appointed from the Department of Defense includes at
least one judge advocate.
(3) In appointing members to the task force, the Secretary
may—
(A) consult with the Attorney General regarding a rep-
resentative from the Office of Violence Against Women of the
Department of Justice; and
(B) consult with the Secretary of Health and Human Serv-
ices regarding a representative from the Women’s Health office
of the Department of Health and Human Services.
(4) Each member of the task force appointed from outside
the Department of Defense shall be an individual who has dem-
onstrated expertise in the area of sexual harassment and violence
or shall be appointed from one of the following:
(A) A representative from the Office of Civil Rights of
the Department of Education.
(B) A representative from the Centers for Disease Control
and Prevention of the Department of Health and Human Serv-
ices.
(C) A sexual assault policy and advocacy organization.
(D) A civilian law enforcement agency.
(E) A judicial policy organization.
(F) A national crime victim policy organization.
(5) The members of the task force shall be appointed not
later than 120 days after the date of the enactment of this Act.
(g) CO-CHAIRS OF THE TASK FORCE.—There shall be two co-
chairs of the task force. One of the co-chairs shall be designated
by the Secretary of the Defense at the time of appointment from
among the Department of Defense personnel on the task force.
The other co-chair shall be selected from among the members
appointed from outside the Department of Defense by those mem-
bers.
H. R. 1588—77
(h) ADMINISTRATIVE SUPPORT.—(1) Each member of the task
force who is a member of the Armed Forces or a civilian officer
or employee of the United States shall serve without compensation
(other than compensation to which entitled as a member of the
Armed Forces or an officer or employee of the United States, as
the case may be). Other members of the task force shall be
appointed in accordance with, and subject to, section 3161 of title
5, United States Code.
(2) The Deputy Under Secretary of Defense for Personnel and
Readiness, under the direction of the Under Secretary of Defense
for Personnel and Readiness, shall provide oversight of the task
force. The Washington Headquarters Services of the Department
of Defense shall provide the task force with personnel, facilities,
and other administrative support as necessary for the performance
of the task force’s duties.
(3) The Deputy Under Secretary shall coordinate with the Sec-
retary of the Army to provide visits of the task force to the United
States Military Academy and with the Secretary of the Navy to
provide visits of the task force to the United States Naval Academy.
(i) TERMINATION.—The task force shall terminate 90 days after
the date on which the report of the task force is submitted to
the Committees on Armed Services of the Senate and House of
Representatives pursuant to subsection (d)(3).
SEC. 527. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE
AT THE SERVICE ACADEMIES.
(a) POLICY ON SEXUAL HARASSMENT AND VIOLENCE.—(1) Under
guidance prescribed by the Secretary of Defense—
(A) the Secretary of the Army shall direct the Super-
intendent of the United States Military Academy to prescribe
a policy on sexual harassment and violence applicable to the
personnel of the United States Military Academy;
(B) the Secretary of the Navy shall direct the Super-
intendent of the United States Naval Academy to prescribe
a policy on sexual harassment and violence applicable to the
personnel of the United States Naval Academy; and
(C) the Secretary of the Air Force shall direct the Super-
intendent of the United States Air Force Academy to prescribe
a policy on sexual harassment and violence applicable to the
personnel of the United States Air Force Academy.
(2) The policy on sexual harassment and violence prescribed
for an academy under paragraph (1) shall specify the following:
(A) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a criminal
nature that involve academy personnel.
(B) Procedures that a cadet or midshipman should follow
in the case of an occurrence of sexual harassment or violence,
including—
(i) a specification of the person or persons to whom
the alleged offense should be reported;
(ii) a specification of any other person whom the victim
should contact; and
(iii) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault.
(C) Procedures for disciplinary action in cases of alleged
criminal sexual assault involving academy personnel.
H. R. 1588—78
(D) Any other sanction authorized to be imposed in a
substantiated case of harassment or violence involving academy
personnel in rape, acquaintance rape, or any other criminal
sexual offense, whether forcible or nonforcible.
(E) Required training on the policy for all academy per-
sonnel, including the specific training required for personnel
who process allegations of sexual harassment or violence
involving academy personnel.
(3) In prescribing the policy on sexual harassment and violence
for an academy under paragraph (1), the Superintendent of that
academy shall take into consideration—
(A) the findings, conclusions, and recommendations of the
panel established pursuant to title V of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108–11;
117 Stat. 609) to review sexual misconduct allegations at the
United States Air Force Academy; and
(B) the findings, conclusions, and recommendations of other
previous reviews and investigations of sexual harassment and
violence conducted with respect to one or more of the academies
covered by paragraph (1).
(4) The policy for each such academy required by paragraph
(1) shall be prescribed not later than June 1, 2004.
(b) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense,
through the Secretaries of the military departments, shall direct
each Superintendent to conduct at the academy under the jurisdic-
tion of that Superintendent an assessment during each academy
program year to determine the effectiveness of the academy’s poli-
cies, training, and procedures on sexual harassment and violence
to prevent criminal sexual harassment and violence involving
academy personnel.
(2) For the assessment for each of the 2004, 2005, 2006, 2007,
and 2008 academy program years, the Superintendent shall conduct
a survey of all academy personnel—
(A) to measure—
(i) the incidence, during that program year, of sexual
harassment and violence events, on or off the academy
reservation, that have been reported to officials of the
academy; and
(ii) the incidence, in that program year, of sexual
harassment and violence events, on or off the academy
reservation, that have not been reported to officials of
the academy; and
(B) to assess the perceptions of academy personnel on—
(i) the policies, training, and procedures on sexual
harassment and violence involving academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and violence
involving academy personnel in such program year; and
(iv) any other issues relating to sexual harassment
and violence involving academy personnel.
(c) ANNUAL REPORT.—(1) The Secretary of the Army, the Sec-
retary of the Navy, and the Secretary of the Air Force shall direct
the Superintendent of the United States Military Academy, the
Superintendent of the United States Naval Academy, and the Super-
intendent of the United States Air Force Academy, respectively,
to submit to the Secretary a report on sexual harassment and
H. R. 1588—79
violence involving academy personnel for each of the 2004, 2005,
2006, 2007, and 2008 academy program years.
(2) The annual report for an academy under paragraph (1)
shall contain, for the academy program year covered by the report,
the following matters:
(A) The number of sexual assaults, rapes, and other sexual
offenses involving academy personnel that have been reported
to academy officials during the program year, and the number
of the reported cases that have been substantiated.
(B) The policies, procedures, and processes implemented
by the Secretary of the military department concerned and
the leadership of the academy in response to sexual harassment
and violence involving academy personnel during the program
year.
(C) In the report for the 2004 academy program year,
a discussion of the survey conducted under subsection (b),
together with an analysis of the results of the survey and
a discussion of any initiatives undertaken on the basis of such
results and analysis.
(D) In the report for each of the subsequent academy pro-
gram years, the results of the annual survey conducted in
such program year under subsection (b).
(E) A plan for the actions that are to be taken in the
following academy program year regarding prevention of and
response to sexual harassment and violence involving academy
personnel.
(3) The Secretary of a military department shall transmit the
annual report on an academy under this subsection, together with
the Secretary’s comments on the report, to the Secretary of Defense
and the Board of Visitors of the academy.
(4) The Secretary of Defense shall transmit the annual report
on each academy under this subsection, together with the Sec-
retary’s comments on the report to, the Committees on Armed
Services of the Senate and the House of Representatives.
(5) The report for the 2004 academy program year for an
academy shall be submitted to the Secretary of the military depart-
ment concerned not later than one year after the date of the
enactment of this Act.
(6) In this subsection, the term ‘‘academy program year’’ with
respect to a year, means the academy program year that ends
in that year.
SEC. 528. STUDY AND REPORT RELATED TO PERMANENT PROFESSORS
AT THE UNITED STATES AIR FORCE ACADEMY.
(a) SECRETARY OF AIR FORCE RECOMMENDATIONS.—Not later
than six months after the date of the enactment of the Act, the
Secretary of the Air Force shall submit to the Secretary of Defense
a report containing recommended changes in policy and law per-
taining to the selection, tenure, utilization, responsibilities, and
qualifications of the permanent professors at the Air Force
Academy.
(b) SECRETARY
OF DEFENSE RECOMMENDATIONS.—Not later
than one month after receiving the report of the Secretary of the
Air Force under subsection (a), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives the report received from the Secretary
H. R. 1588—80
of the Air Force, together with the recommendations of the Sec-
retary of Defense for action and proposals for legislation.
(c) MATTERS TO BE CONSIDERED BY SECRETARY OF AIR FORCE.—
The Secretary of the Air Force in preparing the report required
by subsection (a), shall, at a minimum, do the following:
(1) Conduct a comprehensive review and assessment of
the existing faculty system at the Air Force Academy, including
both civilian and military permanent professorships.
(2) Take into account the findings, conclusions, and rec-
ommendation regarding faculty and permanent professorships
at the Air Force Academy of—
(A) the report of the Panel to Review Sexual Mis-
conduct Allegations at the United States Air Force
Academy (referred to as the ‘‘Fowler Panel’’), dated Sep-
tember 22, 2003;
(B) the report released on June 19, 2003, of the special
working group appointed by the Secretary of the Air Force
known as the Working Group Concerning the Deterrence
of and Response to Incidents of Sexual Assault at the
U.S. Air Force Academy, which was led by the General
Counsel of the Department of the Air Force; and
(C) the Agenda for Change of the Air Force Academy
dated March 26, 2003.
(3) Solicit information regarding the faculty and permanent
professorship systems at the United States Naval Academy
and the United States Military Academy and consider that
information as part of the required assessment.
(4) Consult with experts on higher education outside the
Department of Defense.
SEC. 529. DEAN OF THE FACULTY OF THE UNITED STATES AIR FORCE
ACADEMY.
(a) AUTHORITY TO APPOINT DEAN FROM PERSONS OTHER THAN
AIR FORCE ACADEMY FACULTY HEADS
OF DEPARTMENTS.—Sub-
section (a) of section 9335 of title 10, United States Code, is
amended to read as follows:
‘‘(a) The Dean of the Faculty is responsible to the Super-
intendent for developing and sustaining the curriculum and over-
seeing the faculty of the Academy. The qualifications, selection
procedures, training, pay grade, and retention of the Dean shall
be prescribed by the Secretary of the Air Force. If a person
appointed as the Dean is not an officer on active duty, the person
shall be appointed as a member of the Senior Executive Service.’’.
(b) CONFORMING AMENDMENTS.—Subsection (b) of such section
is amended—
(1) in the first sentence—
(A) by striking ‘‘of the Air Force’’ and inserting ‘‘on
active duty’’; and
(B) by inserting ‘‘(or the equivalent)’’ after ‘‘brigadier
general’’ both places it appears; and
(2) in the last sentence—
(A) by inserting ‘‘applicable’’ before ‘‘limitation’’; and
(C) by striking ‘‘of the Air Force’’.
(c) STATUTORY STATUS AS PERMANENT PROFESSOR.—(1) Section
9331(b)(2) of such title is amended by striking ‘‘dean of the Faculty,
who is a permanent professor’’ and inserting ‘‘Dean of the Faculty’’.
H. R. 1588—81
(2) Section 9336(a) of such title is amended by striking ‘‘,
other than the Dean of the Faculty,’’.
(d) APPLICABILITY.—The amendments made by this section shall
apply with respect to any Dean of the Faculty of the United States
Air Force Academy selected on or after the date of the enactment
of this Act.
Subtitle D—Other Military Education and
Training Matters
SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD
THE DEGREE OF MASTER OF OPERATIONAL STUDIES.
(a) AUTHORITY.—Section 7102 of title 10, United States Code,
is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) COMMAND
AND STAFF COLLEGE
OF
THE MARINE CORPS
UNIVERSITY.—Upon the recommendation of the Director and faculty
of the Command and Staff College of the Marine Corps University,
the President of the Marine Corps University may confer the degree
of master of operational studies upon graduates of the Command
and Staff College’s School of Advanced Warfighting who fulfill the
requirements for that degree.’’.
(b) EFFECTIVE DATE.—The authority to confer the degree of
master of operational studies under section 7102(c) of title 10,
United States Code (as added by subsection (a)) may not be exer-
cised until the Secretary of Education determines, and certifies
to the President of the Marine Corps University, that the require-
ments established by the Command and General Staff College of
the Marine Corps University for that degree are in accordance
with generally applicable requirements for a degree of master of
arts.
SEC. 532. AUTHORIZATION FOR NAVAL POSTGRADUATE SCHOOL TO
PROVIDE 
INSTRUCTION 
TO 
ENLISTED 
MEMBERS
PARTICIPATING IN CERTAIN PROGRAMS.
(a) EXPANDED ELIGIBILITY
FOR ENLISTED PERSONNEL.—Sub-
section (a)(2) of section 7045 of title 10, United States Code, is
amended to read as follows:
‘‘(2)(A) The Secretary may permit an enlisted member of the
armed forces to receive instruction at the Naval Postgraduate School
through attendance at an executive level seminar.
‘‘(B) The Secretary may permit an eligible enlisted member
of the armed forces to receive instruction at the Postgraduate School
in connection with pursuit of a program of education in information
assurance as a participant in the Information Security Scholarship
program under chapter 112 of this title. To be eligible for instruction
under this subparagraph, the enlisted member must have been
awarded a baccalaureate degree by an institution of higher edu-
cation.
‘‘(C) In addition to instruction authorized under subparagraphs
(A) and (B), the Secretary may, on a space-available basis, permit
H. R. 1588—82
an enlisted member of the armed forces who is assigned perma-
nently to the staff of the Postgraduate School or to a nearby com-
mand to receive instruction at the Postgraduate School.’’.
(b) REIMBURSEMENT.—Subsection (b) of such section is
amended—
(1) by striking ‘‘The Department’’ and inserting ‘‘(1) Except
as provided under paragraph (3), the Department’’;
(2) by striking ‘‘officers’’ in the first sentence and inserting
‘‘members’’;
(3) by designating the second sentence as paragraph (2)
and in that sentence—
(A) by inserting ‘‘under subsection (a)(2)(C)’’ after ‘‘per-
mitted’’;
(B) by inserting ‘‘on a space-available basis’’ after
‘‘instruction at the Postgraduate School’’; and
(C) by striking ‘‘(taking into consideration the admis-
sion of enlisted members on a space-available basis)’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) The requirements for payment of costs and fees under
paragraph (1) shall be subject to such exceptions as the Secretary
of Defense may prescribe for members of the armed forces who
receive instruction at the Postgraduate School in connection with
pursuit of a degree or certification as participants in the Information
Security Scholarship program under chapter 112 of this title.’’.
SEC. 533. COST REIMBURSEMENT REQUIREMENTS FOR PERSONNEL
RECEIVING INSTRUCTION AT THE AIR FORCE INSTITUTE
OF TECHNOLOGY.
(a) REIMBURSEMENT FROM OTHER SERVICES.—Section 9314 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(c) REIMBURSEMENT.—(1) The Department of the Army, the
Department of the Navy, and the Department of Homeland Security
shall bear the cost of the instruction at the Air Force Institute
of Technology that is received by members of the armed forces
detailed for that instruction by the Secretaries of the Army, Navy,
and Homeland Security, respectively.
‘‘(2) Members of the Army, Navy, Marine Corps, and Coast
Guard may only be detailed for instruction at the Institute on
a space-available basis.
‘‘(3) In the case of an enlisted member of the Army, Navy,
Marine Corps, and Coast Guard permitted to receive instruction
at the Institute, the Secretary of the Air Force shall charge that
member only for such costs and fees as the Secretary considers
appropriate (taking into consideration the admission of enlisted
members on a space-available basis).’’.
(b) STYLISTIC AMENDMENTS.—(1) Subsection (a) of such section
is amended by inserting ‘‘AUTHORITY TO CONFER DEGREES.—’’ after
‘‘(a)’’.
(2) Subsection (b) of such section is amended by inserting
‘‘CIVILIAN FACULTY.—’’ after ‘‘(b)’’.
(c) CLARIFYING AMENDMENT.—Subsection (a) of such section
is further amended—
(1) by striking ‘‘When the’’ and all that follows through
‘‘the Commander’’ and inserting ‘‘(1) The Commander’’;
(2) by striking ‘‘that Institute’’ and inserting ‘‘the United
States Air Force Institute of Technology’’; and
H. R. 1588—83
(3) by adding at the end the following new paragraph:
‘‘(2) The authority under this subsection to confer a degree
is effective only during a period when the United States Air Force
Institute of Technology is accredited with respect to the award
of that degree by a nationally recognized accreditation association
or authority.’’.
SEC. 534. INCLUSION OF ACCRUED INTEREST IN AMOUNTS THAT MAY
BE 
REPAID 
UNDER 
SELECTED 
RESERVE 
CRITICAL
SPECIALTIES EDUCATION LOAN REPAYMENT PROGRAM.
Section 16301 of title 10, United States Code, is amended—
(1) in subsection (b), by inserting before the period at
the end the following: ‘‘, plus the amount of any interest that
may accrue during the current year’’; and
(2) in subsection (c), by adding at the end the following
new sentence: ‘‘For the purposes of this section, any interest
that has accrued on the loan for periods before the current
year shall be considered as within the total loan amount that
shall be repaid.’’.
SEC. 535. FUNDING OF EDUCATION ASSISTANCE ENLISTMENT INCEN-
TIVES TO FACILITATE NATIONAL SERVICE THROUGH
DEPARTMENT OF DEFENSE EDUCATION BENEFITS FUND.
(a) IN GENERAL.—Subsection (j) of section 510 of title 10, United
States Code, is amended to read as follows:
‘‘(j) FUNDING.—(1) Amounts for the payment of incentives under
paragraphs (1) and (2) of subsection (e) shall be derived from
amounts available to the Secretary of the military department
concerned for the payment of pay, allowances and other expenses
of the members of the armed force concerned.
‘‘(2) Amounts for the payment of incentives under paragraphs
(3) and (4) of subsection (e) shall be derived from the Department
of Defense Education Benefits Fund under section 2006 of this
title.’’.
(b) CONFORMING AMENDMENTS.—Section 2006(b) of such title
is amended—
(1) in paragraph (1), by inserting ‘‘paragraphs (3) and (4)
of section 510(e) and’’ after ‘‘Department of Defense benefits
under’’; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(E) The present value of future benefits payable from
the Fund for educational assistance under paragraphs (3)
and (4) of section 510(e) of this title to persons who during
such period become entitled to such assistance.’’.
SEC. 536. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR
FISCAL YEAR 2004.—Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $30,000,000 shall be available only for the
purpose of providing educational agencies assistance to local edu-
cational agencies.
(b) NOTIFICATION.—Not later than June 30, 2004, the Secretary
of Defense shall notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 2004 of—
H. R. 1588—84
(1) that agency’s eligibility for the assistance; and
(2) the amount of the assistance for which that agency
is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under subsection (a) not later than
30 days after the date on which notification to the eligible local
educational agencies is provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’ means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 20 U.S.C. 7703 note).
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 537. IMPACT AID ELIGIBILITY FOR HEAVILY IMPACTED LOCAL
EDUCATIONAL AGENCIES AFFECTED BY PRIVATIZATION
OF MILITARY HOUSING.
(a) TRANSITION.—Section 8003(b)(2)(H) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)) is
amended by striking clauses (i) and (ii) and inserting the following:
‘‘(i) ELIGIBILITY.—For any fiscal year, a heavily
impacted local educational agency that received a basic
support payment under this paragraph for the prior
fiscal year, but is ineligible for such payment for the
current fiscal year under subparagraph (B), (C), (D),
or (E), as the case may be, by reason of the conversion
of military housing units to private housing described
in clause (iii), shall be deemed to meet the eligibility
requirements under subparagraph (B) or (C), as the
case may be, for the period during which the housing
units are undergoing such conversion.
‘‘(ii) AMOUNT OF PAYMENT.—The amount of a pay-
ment to a heavily impacted local educational agency
for a fiscal year by reason of the application of clause
(i), and calculated in accordance with subparagraph
(D) or (E), as the case may be, shall be based on
the number of children in average daily attendance
in the schools of such agency for the fiscal year and
under the same provisions of subparagraph (D) or (E)
under which the agency was paid during the prior
fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect beginning with basic support payments under
section 8003(b)(2) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(b)(2)) for fiscal year 2003.
Subtitle D—Administrative Matters
SEC. 541. HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE.
(a) DEPLOYMENT MANAGEMENT.—Subsection (a) of section 991
of title 10, United States Code, is amended to read as follows:
‘‘(a) MANAGEMENT RESPONSIBILITIES.—(1) The deployment (or
potential deployment) of a member of the armed forces shall be
managed to ensure that the member is not deployed, or continued
H. R. 1588—85
in a deployment, on any day on which the total number of days
on which the member has been deployed—
‘‘(A) out of the preceding 365 days would exceed the one-
year high-deployment threshold; or
‘‘(B) out of the preceding 730 days would exceed the two-
year high-deployment threshold.
‘‘(2) In this subsection:
‘‘(A) 
The 
term 
‘one-year 
high-deployment 
threshold’
means—
‘‘(i) 220 days; or
‘‘(ii) a lower number of days prescribed by the Secretary
of Defense, acting through the Under Secretary of Defense
for Personnel and Readiness.
‘‘(B) The term ‘two-year high-deployment threshold’
means—
‘‘(i) 400 days; or
‘‘(ii) a lower number of days prescribed by the Secretary
of Defense, acting through the Under Secretary of Defense
for Personnel and Readiness.
‘‘(3) A member may be deployed, or continued in a deployment,
without regard to paragraph (1) if the deployment, or continued
deployment, is approved by the Secretary of Defense. The authority
of the Secretary under the preceding sentence may only be delegated
to—
‘‘(A) a civilian officer of the Department of Defense
appointed by the President, by and with the advise and consent
of the Senate, or a member of the Senior Executive Service;
or
‘‘(B) a general or flag officer in that member’s chain of
command (including an officer in the grade of colonel, or in
the case of the Navy, captain, serving in a general or flag
officer position who has been selected for promotion to the
grade of brigadier general or rear admiral (lower half) in a
report of a selection board convened under section 611(a) or
14101(a) of this title that has been approved by the President).’’.
(b) CHANGES FROM PER DIEM TO HIGH-DEPLOYMENT ALLOW-
ANCE.—(1) Subsection (a) of section 436 of title 37, United States
Code, is amended to read as follows:
‘‘(a) MONTHLY ALLOWANCE.—The Secretary of the military
department concerned shall pay a high-deployment allowance to
a member of the armed forces under the Secretary’s jurisdiction
for each month during which the member—
‘‘(1) is deployed; and
‘‘(2) at any time during that month—
‘‘(A) has been deployed for 191 or more consecutive
days (or a lower number of consecutive days prescribed
by the Secretary of Defense, acting through the Under
Secretary of Defense for Personnel and Readiness);
‘‘(B) has been deployed, out of the preceding 730 days,
for a total of 401 or more days (or a lower number of
days prescribed by the Secretary of Defense, acting through
the Under Secretary of Defense for Personnel and Readi-
ness); or
‘‘(C) in the case of a member of a reserve component,
is on active duty—
‘‘(i) under a call or order to active duty for a
period of more than 30 days that is the second (or
H. R. 1588—86
later) such call or order to active duty (whether vol-
untary or involuntary) for that member in support
of the same contingency operation; or
‘‘(ii) for a period of more than 30 days under a
provision of law referred to in section 101(a)(13)(B)
of title 10, if such period begins within one year after
the date on which the member was released from pre-
vious service on active duty for a period of more than
30 days under a call or order issued under such a
provision of law.’’.
(2) Subsection (c) of such section is amended to read as follows:
‘‘(c) RATE.—The monthly rate of the allowance payable to a
member under this section shall be determined by the Secretary
concerned, not to exceed $1,000 per month.’’.
(3) Such section is further amended by adding at the end
the following new subsections:
‘‘(g) AUTHORITY TO EXCLUDE CERTAIN DUTY ASSIGNMENTS.—
The Secretary concerned may exclude members serving in specified
duty assignments from eligibility for the high-deployment allowance
while serving in those assignments. Any such specification of duty
assignments may only be made with the approval of the Secretary
of Defense, acting through the Under Secretary of Defense for
Personnel and Readiness. Specification of a particular duty assign-
ment for purposes of this subsection may not be implemented so
as to apply to the member serving in that position at the time
of such specification.
‘‘(h) PAYMENT FROM OPERATION AND MAINTENANCE FUNDS.—
The monthly allowance payable to a member under this section
shall be paid from appropriations available for operation and
maintenance for the armed force in which the member serves.’’.
(4) Such section is further amended—
(A) in subsection (d), by striking ‘‘per diem’’;
(B) in subsection (e), by striking ‘‘per diem’’ and inserting
‘‘allowance’’; and
(C) in subsection (f)—
(i) by striking ‘‘per diem’’ and inserting ‘‘allowance’’;
and
(ii) by striking ‘‘day on which’’ and inserting ‘‘month
during which’’.
(5)(A) The heading of such section is amended to read as
follows:
‘‘§ 436. High-deployment allowance: lengthy or numerous
deployments; frequent mobilizations’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 7 of such title is amended to read
as follows:
‘‘436. High-deployment allowance: lengthy or numerous deployments; frequent mobi-
lizations.’’.
(c) CHANGES TO REPORTING REQUIREMENT.—Section 487(b)(5)
of title 10, United States Code, is amended to read as follows:
‘‘(5) For each of the armed forces, the description shall indicate,
for the period covered by the report—
‘‘(A) the number of members who received the high-deploy-
ment allowance under section 436 of title 37;
H. R. 1588—87
‘‘(B) the number of members who received each rate of
allowance paid;
‘‘(C) the number of members who received the allowance
for one month, for two months, for three months, for four
months, for five months, for six months, and for more than
six months; and
‘‘(D) the total amount spent on the allowance.’’.
SEC. 542. ENHANCED RETENTION OF ACCUMULATED LEAVE FOR HIGH-
DEPLOYMENT MEMBERS.
(a) ENHANCED AUTHORITY TO RETAIN ACCUMULATED LEAVE.—
Paragraph (1) of section 701(f) of title 10, United States Code,
is amended to read as follows:
‘‘(f)(1)(A) The Secretary concerned, under uniform regulations
to be prescribed by the Secretary of Defense, may authorize a
member described in subparagraph (B) who, except for this para-
graph, would lose any accumulated leave in excess of 60 days
at the end of the fiscal year, to retain an accumulated total of
120 days leave.
‘‘(B) This subsection applies to a member who serves on active
duty for a continuous period of at least 120 days—
‘‘(i) in an area in which the member is entitled to special
pay under section 310(a) of title 37; or
‘‘(ii) while assigned to a deployable ship or mobile unit
or to other duty comparable to that specified in clause (i)
that is designated for the purpose of this subsection.
‘‘(C) Except as provided in paragraph (2), leave in excess of
60 days accumulated under this paragraph is lost unless it is
used by the member before the end of the third fiscal year after
the fiscal year in which the continuous period of service referred
to in subparagraph (B) terminated.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2003, or the date of the enactment
of this Act, whichever is later.
SEC. 543. STANDARDIZATION OF STATUTORY AUTHORITIES FOR
EXEMPTIONS FROM REQUIREMENT FOR ACCESS TO SEC-
ONDARY SCHOOLS BY MILITARY RECRUITERS.
(a) CONSISTENCY WITH ELEMENTARY
AND SECONDARY EDU-
CATION ACT OF 1965.—Paragraph (5) of section 503(c) of title 10,
United States Code, is amended by striking ‘‘apply to—’’ and all
that follows through ‘‘school which’’ and inserting ‘‘apply to a private
secondary school that’’.
(b) CORRECTION OF CROSS REFERENCE.—Paragraph (6)(A)(i) of
such section is amended by striking ‘‘14101’’ and ‘‘8801’’ and
inserting ‘‘9101’’ and ‘‘7801’’, respectively.
SEC. 544. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR
AWARD OF THE PURPLE HEART MEDAL TO VETERANS
HELD AS PRISONERS OF WAR BEFORE APRIL 25, 1962.
Section 521 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 309; 10 U.S.C. 1129
note) is amended by adding at the end the following new subsection:
‘‘(d) PROCEDURES
FOR AWARD.—In determining whether a
former prisoner of war who submits an application for the award
of the Purple Heart under subsection (a) is eligible for that award,
the Secretary concerned shall apply the following procedures:
H. R. 1588—88
‘‘(1) Failure of the applicant to provide any documentation
as required by the Secretary shall not in itself disqualify the
application from being considered.
‘‘(2) In evaluating the application, the Secretary shall con-
sider (A) historical information as to the prison camp or other
circumstances in which the applicant was held captive, and
(B) the length of time that the applicant was held captive.
‘‘(3) To the extent that information is readily available,
the Secretary shall assist the applicant in obtaining information
or identifying the sources of information referred to in para-
graph (2).
‘‘(4) The Secretary shall review a completed application
under this section based upon the totality of the information
presented, taking into account the length of time between the
period during which the applicant was held as a prisoner of
war and the date of the application.’’.
SEC. 545. AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFI-
CERS TO HOLD STATE AND LOCAL OFFICE NOTWITH-
STANDING CALL TO ACTIVE DUTY.
Section 973(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (4) as paragraph (5);
(2) in paragraph (3)—
(A) by inserting ‘‘by reason of subparagraph (A) of
paragraph (1)’’ after ‘‘applies’’; and
(B) by striking ‘‘, the District of Columbia,’’ and all
that follows through ‘‘such government)’’ and inserting ‘‘(or
of any political subdivision of a State)’’; and
(3) by inserting after paragraph (3) the following new para-
graph (4):
‘‘(4)(A) An officer to whom this subsection applies by reason
of subparagraph (B) or (C) of paragraph (1) may not hold, by
election or appointment, a civil office in the government of a State
(or of any political subdivision of a State) if the holding of such
office while this subsection so applies to the officer—
‘‘(i) is prohibited under the laws of that State; or
‘‘(ii) as determined by the Secretary of Defense or by the
Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Navy, interferes
with the performance of the officer’s duties as an officer of
the armed forces.
‘‘(B) Except as otherwise authorized by law, while an officer
referred to in subparagraph (A) is serving on active duty, the
officer may not exercise the functions of a civil office held by
the officer as described in that subparagraph.’’; and
(4) by adding at the end the following:
‘‘(6) In this subsection, the term ‘State’ includes the District
of Columbia and a territory, possession, or commonwealth of the
United States.’’.
SEC. 546. POLICY ON PUBLIC IDENTIFICATION OF CASUALTIES.
(a) REQUIREMENT FOR POLICY.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall prescribe the policy of the Department of Defense on public
release of the name or other personally identifying information
of any member of the Army, Navy, Air Force, or Marine Corps
who while on active duty or performing inactive-duty training is
H. R. 1588—89
killed or injured, whose duty status becomes unknown, or who
is otherwise considered to be a casualty.
(b) GUIDANCE ON TIMING OF RELEASE.—The policy under sub-
section (a) shall include guidance for ensuring that any public
release of information on a member under the policy occurs only
after the lapse of an appropriate period following notification of
the next-of-kin regarding the casualty status of such member.
SEC. 547. SPACE PERSONNEL CAREER FIELDS.
(a) STRATEGY
REQUIRED.—The Secretary of Defense shall
develop a strategy for the Department of Defense that will—
(1) promote the development of space personnel career
fields within each of the military departments; and
(2) ensure that the space personnel career fields developed
by the military departments are integrated with each other
to the maximum extent practicable.
(b) REPORT.—Not later than February 1, 2004, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the strategy developed
under subsection (a). The report shall include the following:
(1) A statement of the strategy developed under subsection
(a), together with an explanation of that strategy.
(2) An assessment of the measures required for the Depart-
ment of Defense and the military departments to integrate
the space personnel career fields of the military departments.
(3) A comprehensive assessment of the adequacy of the
actions of the Secretary of Air Force pursuant to section 8084
of title 10, United States Code, to establish for Air Force
officers a career field for space.
(c) GENERAL ACCOUNTING OFFICE REVIEW AND REPORTS.—(1)
The Comptroller General shall review the strategy developed under
subsection (a) and the status of efforts by the military departments
in developing space personnel career fields.
(2) The Comptroller General shall submit to the committees
referred to in subsection (b) two reports on the review under para-
graph (1), as follows:
(A) Not later than June 15, 2004, the Comptroller General
shall submit a report that assesses how effective that Depart-
ment of Defense strategy and the efforts by the military depart-
ments, when implemented, are likely to be for developing the
personnel required by each of the military departments who
are expert in development of space doctrine and concepts of
space operations, the development of space systems, and oper-
ation of space systems.
(B) Not later than March 15, 2005, the Comptroller General
shall submit a report that assesses, as of the date of the
report—
(i) the effectiveness of that Department of Defense
strategy and the efforts by the military departments in
developing the personnel required by each of the military
departments who are expert in development of space doc-
trine and concepts of space operations, the development
of space systems, and in operation of space systems; and
(ii) progress made in integrating the space career fields
of the military departments.
H. R. 1588—90
SEC. 548. DEPARTMENT OF DEFENSE JOINT ADVERTISING, MARKET
RESEARCH, AND STUDIES PROGRAM.
(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry
out a joint advertising, market research, and studies program to
complement the recruiting advertising programs of the military
departments and improve the ability of the military departments
to attract and recruit qualified individuals to serve in the Armed
Forces.
(b) FUNDING.—Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-wide
activities, $7,500,000 may be made available to carry out the joint
advertising, market research, and studies program.
SEC. 549. LIMITATION ON FORCE STRUCTURE REDUCTIONS IN NAVAL
AND MARINE CORPS RESERVE AVIATION SQUADRONS.
The Secretary of the Navy may not reduce or disestablish
a Naval Reserve or Marine Corps Reserve aviation squadron before
February 1, 2004.
Subtitle E—Military Justice Matters
SEC. 551. EXTENDED LIMITATION PERIOD FOR PROSECUTION OF
CHILD ABUSE CASES IN COURTS-MARTIAL.
Subsection (b) of section 843 of title 10, United States Code
(article 43 of the Uniform Code of Military Justice), is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2)(A) A person charged with having committed a child abuse
offense against a child is liable to be tried by court-martial if
the sworn charges and specifications are received before the child
attains the age of 25 years by an officer exercising summary court-
martial jurisdiction with respect to that person.
‘‘(B) In subparagraph (A), the term ‘child abuse offense’ means
an act that involves sexual or physical abuse of a person who
has not attained the age of 16 years and constitutes any of the
following offenses:
‘‘(i) Rape or carnal knowledge in violation of section 920
of this title (article 120).
‘‘(ii) Maiming in violation of section 924 of this title (article
124).
‘‘(iii) Sodomy in violation of section 925 of this title (article
126).
‘‘(iv) Aggravated assault or assault consummated by a bat-
tery in violation of section 928 of this title (article 128).
‘‘(v) Indecent assault, assault with intent to commit murder,
voluntary manslaughter, rape, or sodomy, or indecent acts or
liberties with a child in violation of section 934 of this title
(article 134).’’.
SEC. 552. CLARIFICATION OF BLOOD ALCOHOL CONTENT LIMIT FOR
THE OFFENSE UNDER THE UNIFORM CODE OF MILITARY
JUSTICE OF DRUNKEN OPERATION OF A VEHICLE, AIR-
CRAFT, OR VESSEL.
Section 911 of title 10, United States Code (article 111 of
the Uniform Code of Military Justice), is amended—
H. R. 1588—91
(1) in subsection (a)(2), by striking ‘‘is in excess of’’ and
inserting ‘‘is equal to or exceeds’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking subparagraph (A)
and inserting the following:
‘‘(A) In the case of the operation or control of a vehicle,
aircraft, or vessel in the United States, such limit is the lesser
of—
‘‘(i) the blood alcohol content limit under the law of
the State in which the conduct occurred, except as may
be provided under paragraph (2) for conduct on a military
installation that is in more than one State; or
‘‘(ii) the blood alcohol content limit specified in para-
graph (3).’’;
(B) in paragraphs (1)(B) and (3), by striking ‘‘max-
imum’’; and
(C) in paragraph (4)(A), by striking ‘‘maximum permis-
sible’’ and all that follows through the period at the end
and inserting ‘‘amount of alcohol concentration in a person’s
blood or breath at which operation or control of a vehicle,
aircraft, or vessel is prohibited.’’.
Subtitle F—Benefits
SEC. 561. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE TO
PARTICIPATE IN THE FEDERAL LONG-TERM CARE INSUR-
ANCE PROGRAM.
(a) CERTAIN
EMPLOYEES
OF
THE
DISTRICT
OF
COLUMBIA
GOVERNMENT.—Section 9001(1) of title 5, United States Code, is
amended by striking ‘‘2105(c),’’ and all that follows and inserting
‘‘2105(c).’’.
(b) FORMER FEDERAL EMPLOYEES WHO WOULD BE ELIGIBLE
TO BEGIN RECEIVING AN ANNUITY UPON ATTAINING THE REQUISITE
MINIMUM AGE.—Section 9001(2) of title 5, United States Code,
is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at the end;
(2) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) any former employee who, on the basis of his
or her service, would meet all requirements for being
considered an ‘annuitant’ within the meaning of subchapter
III of chapter 83, chapter 84, or any other retirement
system for employees of the Government, but for the fact
that such former employee has not attained the minimum
age for title to annuity.’’.
(c) RESERVISTS TRANSFERRED TO THE RETIRED RESERVE WHO
ARE UNDER AGE 60.—Section 9001(4) of title 5, United States
Code, is amended by striking ‘‘including’’ and all that follows
through ‘‘who has’’ and inserting ‘‘and a member who has been
transferred to the Retired Reserve and who would be entitled to
retired pay under chapter 1223 of title 10 but for not having’’.
(d) REFERENCE AMENDMENT.—Section 9001(2)(A) of title 5,
United States Code, as amended by subsection (b), is further
amended by striking ‘‘of this subsection’’.
H. R. 1588—92
SEC. 562. AUTHORITY TO TRANSPORT REMAINS OF RETIREES AND
RETIREE DEPENDENTS WHO DIE IN MILITARY TREAT-
MENT FACILITIES.
(a) AUTHORIZED TRANSPORTATION.—Section 1490 of title 10,
United States Code, is amended—
(1) in subsection (a), by striking ‘‘located in the United
States’’; and
(2) in subsection (b)(1), by striking ‘‘outside the United
States or to a place’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of such section
is amended to read as follows:
‘‘(c) DEFINITION
OF DEPENDENT.—In this section, the term
‘dependent’ has the meaning given such term in section 1072(2)
of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply only with respect to persons dying on or after the
date of the enactment of this Act.
SEC. 563. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MOBILIZED
RESERVISTS 
STATIONED 
OVERSEAS 
TO 
ATTEND
DEFENSE DEPENDENTS SCHOOLS OVERSEAS.
(a) TUITION STATUS PARITY WITH DEPENDENTS
OF OTHER
RESERVISTS.—Section 1404(c) of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 923(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) The Secretary shall include in the regulations prescribed
under this subsection a requirement that children in the class
of children described in subparagraph (B) shall be subject to the
same tuition requirements, or waiver of tuition requirements, as
children in the class of children described in subparagraph (C).
‘‘(B) The class of children described in this subparagraph are
children of members of reserve components of the Armed Forces
who—
‘‘(i) are on active duty under an order to active duty under
section 12301 or 12302 of title 10, United States Code;
‘‘(ii) were ordered to active duty from a location in the
United States (other than in Alaska or Hawaii); and
‘‘(iii) are serving on active duty outside the United States
or in Alaska or Hawaii.
‘‘(C) The class of children described in this subparagraph are
children of members of reserve components of the Armed Forces
who—
‘‘(i) are on active duty under an order to active duty under
section 12301 or 12302 of title 10, United States Code;
‘‘(ii) were ordered to active duty from a location outside
the United States (or in Alaska or Hawaii); and
‘‘(iii) are serving on active duty outside the United States
or in Alaska or Hawaii.’’.
(b) CLERICAL AMENDMENT.—The heading of such section is
amended to read as follows:
H. R. 1588—93
‘‘SPACE-AVAILABLE ENROLLMENT OF STUDENTS; TUITION’’.
Subtitle G—Domestic Violence
SEC. 571. TRAVEL AND TRANSPORTATION FOR DEPENDENTS RELO-
CATING FOR REASONS OF PERSONAL SAFETY.
Section 406(h) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4)(A) If a determination described in subparagraph (B) is
made with respect to a dependent of a member described in that
subparagraph and a request described in subparagraph (C) is made
by or on behalf of that dependent, the Secretary may provide
a benefit authorized for a member under paragraph (1) or (3)
to that dependent in lieu of providing such benefit to the member.
‘‘(B) A determination described in this subparagraph is a deter-
mination by the commanding officer of a member that—
‘‘(i) the member has committed a dependent-abuse offense
against a dependent of the member;
‘‘(ii) a safety plan and counseling have been provided to
that dependent;
‘‘(iii) the safety of the dependent is at risk; and
‘‘(iv) the relocation of the dependent is advisable.
‘‘(C) A request described in this subparagraph is a request
by the spouse of a member, or by the parent of a dependent
child in the case of a dependent child of a member, for relocation.
‘‘(D) Transportation may be provided under this paragraph
for household effects or a motor vehicle only if a written agreement
of the member, or an order of a court of competent jurisdiction,
gives possession of the effects or vehicle to the spouse or dependent
of the member concerned.
‘‘(E) In this paragraph, the term ‘dependent-abuse offense’
means an offense described in section 1059(c) of title 10.’’.
SEC. 572. COMMENCEMENT AND DURATION OF PAYMENT OF TRANSI-
TIONAL COMPENSATION.
(a) COMMENCEMENT.—Paragraph (1)(A) of section 1059(e) of
title 10, United States Code, is amended by striking ‘‘shall com-
mence’’ and all that follows and inserting ‘‘shall commence—
‘‘(i) as of the date the court-martial sentence is
adjudged if the sentence, as adjudged, includes a dismissal,
dishonorable discharge, bad conduct discharge, or forfeiture
of all pay and allowances; or
‘‘(ii) if there is a pretrial agreement that provides for
disapproval or suspension of the dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances, as of the date of the approval of the court-
martial sentence by the person acting under section 860(c)
of this title (article 60(c) of the Uniform Code of Military
Justice) if the sentence, as approved, includes an
unsuspended dismissal, dishonorable discharge, bad con-
duct discharge, or forfeiture of all pay and allowances;
and’’.
(b) DURATION.—(1) Paragraph (2) of such section is amended
by striking ‘‘a period of 36 months’’ and all that follows through
‘‘12 months’’ and inserting ‘‘a period of not less than 12 months
H. R. 1588—94
and not more than 36 months, as established in policies prescribed
by the Secretary concerned’’.
(2) Policies under subsection (e)(2) of section 1059 of title 10,
United States Code, as amended by paragraph (1), for the duration
of transitional compensation payments under that section shall
be prescribed under such subsection not later than six months
after the date of the enactment of this Act.
(c) TERMINATION.—Paragraph (3)(A) of such section is amended
by striking ‘‘punishment applicable to the member under the sen-
tence is remitted, set aside, or mitigated’’ and inserting ‘‘conviction
is disapproved by the person acting under section 860(c) of this
title (article 60(c) of the Uniform Code of Military Justice) or set
aside, or each such punishment applicable to the member under
the sentence is disapproved by the person acting under section
860(c) of this title, remitted, set aside, suspended, or mitigated’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply only with respect to cases in which a court-martial
sentence is adjudged on or after the date of the enactment of
this Act.
SEC. 573. EXCEPTIONAL ELIGIBILITY FOR TRANSITIONAL COMPENSA-
TION.
(a) AUTHORITY.—Section 1059 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(m) EXCEPTIONAL ELIGIBILITY FOR DEPENDENTS OF FORMER
MEMBERS.—(1) The Secretary concerned, under regulations pre-
scribed under subsection (k), may authorize eligibility for benefits
under this section for dependents and former dependents of a former
member of the armed forces in a case in which the dependents
or former dependents are not otherwise eligible for such benefits
and the Secretary concerned determines that the former member
engaged in conduct that is a dependent-abuse offense under this
section and the former member was separated from active duty
other than as described in subsection (b).
‘‘(2) In a case in which the Secretary concerned, under the
authority of paragraph (1), authorizes benefits to be provided under
this section, such benefits shall be provided in the same manner
as if the former member were an individual described in subsection
(b), except that, under regulations prescribed under subsection (k),
the Secretary shall make such adjustments to the commencement
and duration of payment provisions of subsection (e), and may
make adjustments to other provisions of this section, as the Sec-
retary considers necessary in light of the circumstances in order
to provide benefits substantially equivalent to the benefits provided
in the case of an individual described in subsection (b).
‘‘(3) The authority of the Secretary concerned under paragraph
(1) may not be delegated.’’.
(b) EFFECTIVE DATE.—The authority under subsection (m) of
section 1059 of title 10, United States Code, as added by subsection
(a), may be exercised with respect to eligibility for benefits under
that section only for dependents and former dependents of individ-
uals who are separated from active duty in the Armed Forces
on or after the date of the enactment of this Act.
H. R. 1588—95
SEC. 574. TYPES OF ADMINISTRATIVE SEPARATIONS TRIGGERING COV-
ERAGE.
Section 1059(b)(2) of title 10, United States Code, is amended
by inserting ‘‘, voluntarily or involuntarily,’’ after ‘‘administratively
separated’’.
SEC. 575. COMPTROLLER GENERAL REVIEW AND REPORT.
(a) REVIEW.—During the two-year period beginning on the date
of the enactment of this Act, the Comptroller General shall review
and assess the progress of the Department of Defense in imple-
menting the recommendations of the Defense Task Force on
Domestic Violence. In reviewing the status of the Department’s
efforts, the Comptroller General should specifically focus on—
(1) the efforts of the Department to ensure confidentiality
for victims and accountability and education of commanding
officers and chaplains; and
(2) the resources that the Department of Defense has pro-
vided toward such implementation, including personnel, facili-
ties, and other administrative support, in order to ensure that
necessary resources are provided to the organization within
the Office of the Secretary of Defense with direct responsibility
for oversight of implementation by the military departments
of recommendations of the Task Force in order for that
organization to carry out its duties and responsibilities.
(b) REPORT.—The Comptroller General shall submit to the Com-
mittee 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 and assessment under subsection (a) not
later than 30 months after the date of the enactment of this Act.
SEC. 576. FATALITY REVIEWS.
(a) ARMY.—(1) Part II of subtitle B of title 10, United States
Code, is amended by adding at the end the following new chapter:
‘‘CHAPTER 375—MISCELLANEOUS INVESTIGATION
REQUIREMENTS AND OTHER DUTIES
‘‘Sec.
‘‘4061. Fatality reviews.
‘‘§ 4061. Fatality reviews
‘‘(a) REVIEW OF FATALITIES.—The Secretary of the Army shall
conduct a multidisciplinary, impartial review (referred to as a
‘fatality review’) in the case of each fatality known or suspected
to have resulted from domestic violence or child abuse against
any of the following:
‘‘(1) A member of the Army on active duty.
‘‘(2) A current or former dependent of a member of the
Army on active duty.
‘‘(3) A current or former intimate partner who has a child
in common or has shared a common domicile with a member
of the Army on active duty.
‘‘(b) MATTERS TO BE INCLUDED.—The report of a fatality review
under subsection (a) shall, at a minimum, include the following:
‘‘(1) An executive summary.
‘‘(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons, police
H. R. 1588—96
information, assailant demographics, and household and family
information.
‘‘(3) Legal disposition.
‘‘(4) System intervention and failures, if any, within the
Department of Defense.
‘‘(5) A discussion of significant findings.
‘‘(6) Recommendations for systemic changes, if any, within
the Department of the Army and the Department of Defense.
‘‘(c) OSD GUIDANCE.—The Secretary of Defense shall prescribe
guidance, which shall be uniform for the military departments,
for the conduct of reviews by the Secretary under subsection (a).’’.
(2) The tables of chapters at the beginning of subtitle B, and
at the beginning of part II of subtitle B, of such title are each
amended by inserting after the item relating to chapter 373 the
following new item:
‘‘375. Miscellaneous Investigation Requirements and Other Duties ..... 4061’’.
(b) NAVY AND MARINE CORPS.—(1) Chapter 555 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 6036. Fatality reviews
‘‘(a) REVIEW OF FATALITIES.—The Secretary of the Navy shall
conduct a multidisciplinary, impartial review (referred to as a
‘fatality review’) in the case of each fatality known or suspected
to have resulted from domestic violence or child abuse against
any of the following.
‘‘(1) A member of the naval service on active duty.
‘‘(2) A current or former dependent of a member of the
naval service on active duty.
‘‘(3) A current or former intimate partner who has a child
in common or has shared a common domicile with a member
of the naval service on active duty.
‘‘(b) MATTERS TO BE INCLUDED.—The report of a fatality review
under subsection (a) shall, at a minimum, include the following:
‘‘(1) An executive summary.
‘‘(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons, police
information, assailant demographics, and household and family
information.
‘‘(3) Legal disposition.
‘‘(4) System intervention and failures, if any, within the
Department of Defense.
‘‘(5) A discussion of significant findings.
‘‘(6) Recommendations for systemic changes, if any, within
the Department of the Navy and the Department of Defense.
‘‘(c) OSD GUIDANCE.—The Secretary of Defense shall prescribe
guidance, which shall be uniform for the military departments,
for the conduct of reviews by the Secretary under subsection (a).’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘6036. Fatality reviews.’’.
(c) AIR FORCE.—(1) Part II of subtitle D of such title is amended
by adding at the end the following new chapter:
H. R. 1588—97
‘‘CHAPTER 875—MISCELLANEOUS INVESTIGATION
REQUIREMENTS AND OTHER DUTIES
‘‘Sec.
‘‘9061. Fatality reviews.
‘‘§ 9061. Fatality reviews
‘‘(a) REVIEW OF FATALITIES.—The Secretary of the Air Force
shall conduct a multidisciplinary, impartial review (referred to as
a ‘fatality review’) in the case of each fatality known or suspected
to have resulted from domestic violence or child abuse against
any of the following:
‘‘(1) A member of the Air Force on active duty.
‘‘(2) A current or former dependent of a member of the
Air Force on active duty.
‘‘(3) A current or former intimate partner who has a child
in common or has shared a common domicile with a member
of the Air Force on active duty.
‘‘(b) MATTERS TO BE INCLUDED.—The report of a fatality review
under subsection (a) shall, at a minimum, include the following:
‘‘(1) An executive summary.
‘‘(2) Data setting forth victim demographics, injuries,
autopsy findings, homicide or suicide methods, weapons, police
information, assailant demographics, and household and family
information.
‘‘(3) Legal disposition.
‘‘(4) System intervention and failures, if any, within the
Department of Defense.
‘‘(5) A discussion of significant findings.
‘‘(6) Recommendations for systemic changes, if any, within
the Department of the Air Force and the Department of
Defense.
‘‘(c) OSD GUIDANCE.—The Secretary of Defense shall prescribe
guidance, which shall be uniform for the military departments,
for the conduct of reviews by the Secretary under subsection (a).’’.
(2) The tables of chapters at the beginning of subtitle D, and
at the beginning of part II of subtitle D, of such title are each
amended by inserting after the item relating to chapter 873 the
following new item:
‘‘875. Miscellaneous Investigation Requirements and Other Duties ..... 9061’’.
(d) APPLICABILITY.—Sections 4061, 6036, and 9061 of title 10,
United States Code, as added by this section, apply with respect
to fatalities that occur on or after the date of the enactment of
this Act.
SEC. 577. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the Secretary of Defense should develop a Department
of Defense strategic plan for domestic violence that incorporates
the core principles of domestic violence intervention identified
by the Defense Task Force on Domestic Violence in its third
annual report under section 591(e) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106–65;
10 U.S.C. 1562 note); and
(2) the Secretary of each military department should estab-
lish and support a Victim Advocate Protocol as recommended
by the Defense Task Force on Domestic Violence.
H. R. 1588—98
Subtitle H—Other Matters
SEC. 581. RECOGNITION OF MILITARY FAMILIES.
(a) FINDINGS.—Congress makes the following findings:
(1) The families of both active and reserve component mem-
bers of the Armed Forces, through their sacrifices and their
dedication to the Nation and its values, contribute immeas-
urably to the readiness of the Armed Forces.
(2) Without the continued support of military families,
the Nation’s ability to sustain a high quality all-volunteer mili-
tary force would be undermined.
(3) In the perilous and challenging times of the global
war on terrorism, with hundreds of thousands of active and
reserve component military personnel deployed overseas in
places of combat and other imminent danger, military families
are making extraordinary sacrifices and will be required to
do so for the foreseeable future.
(4) Beginning in 1997, military family service and support
centers have responded to the encouragement and support of
private, non-profit organizations to recognize and honor the
American military family during the Thanksgiving period each
November.
(b) MILITARY FAMILY RECOGNITION.—In view of the findings
in subsection (a), Congress determines that it is appropriate that
special measures be taken annually to recognize and honor the
American military family.
(c) DEPARTMENT OF DEFENSE PROGRAMS AND ACTIVITIES.—The
Secretary of Defense shall—
(1) implement and sustain programs, including appropriate
ceremonies and activities, to recognize and honor the contribu-
tions and sacrifices of the American military family, including
families of both active and reserve component military per-
sonnel;
(2) focus the celebration of the American military family
during a specific period of each year to give full and proper
recognition to those families; and
(3) seek the assistance and support of appropriate civilian
organizations, associations, and other entities (A) in carrying
out the annual celebration of the American military family,
and (B) in sustaining other, longer-term efforts to support the
American military family.
SEC. 582. PERMANENT AUTHORITY FOR SUPPORT FOR CERTAIN CHAP-
LAIN-LED MILITARY FAMILY SUPPORT PROGRAMS.
(a) IN GENERAL.—(1) Chapter 88 of title 10, United States
Code, is amended by inserting at the end of subchapter I the
following new section:
‘‘§ 1789. Chaplain-led programs: authorized support
‘‘(a) AUTHORITY.—The Secretary of a military department may
provide support services described in subsection (b) to support chap-
lain-led programs to assist members of the armed forces on active
duty and their immediate family members, and members of reserve
components in an active status and their immediate family mem-
bers, in building and maintaining a strong family structure.
H. R. 1588—99
‘‘(b) AUTHORIZED SUPPORT SERVICES.—The support services
referred to in subsection (a) are costs of transportation, food,
lodging, child care, supplies, fees, and training materials for mem-
bers of the armed forces and their family members while partici-
pating in programs referred to in that subsection, including partici-
pation at retreats and conferences.
‘‘(c) IMMEDIATE FAMILY MEMBERS.—In this section, the term
‘immediate family members’, with respect to a member of the armed
forces, means—
‘‘(1) the member’s spouse; and
‘‘(2) any child (as defined in section 1072(6) of this title)
of the member who is described in subparagraph (D) of section
1072(2) of this title.’’.
(2) The table of sections at the beginning of such subchapter
is amended by inserting after the item relating to section 1788
the following new item:
‘‘1789. Chaplain-led programs: authorized support.’’.
(b) EFFECTIVE DATE.—Section 1789 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 2003.
SEC. 583. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS JOINT EXECUTIVE COMMITTEE.
(a) ESTABLISHMENT OF JOINT COMMITTEE.—(1) Chapter 3 of
title 38, United States Code, is amended by adding at the end
the following new section:
‘‘§ 320. 
Department 
of 
Veterans 
Affairs-Department 
of
Defense Joint Executive Committee
‘‘(a) JOINT EXECUTIVE COMMITTEE.—(1) There is established
an interagency committee to be known as the Department of Vet-
erans Affairs-Department of Defense Joint Executive Committee
(hereinafter in this section referred to as the ‘Committee’).
‘‘(2) The Committee is composed of—
‘‘(A) the Deputy Secretary of Veterans Affairs and such
other officers and employees of the Department of Veterans
Affairs as the Secretary of Veterans Affairs may designate;
and
‘‘(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the Depart-
ment of Defense as the Secretary of Defense may designate.
‘‘(b) ADMINISTRATIVE MATTERS.—(1) The Deputy Secretary of
Veterans Affairs and the Under Secretary of Defense shall deter-
mine the size and structure of the Committee, as well as the
administrative and procedural guidelines for the operation of the
Committee.
‘‘(2) The two Departments shall supply appropriate staff and
resources to provide administrative support and services. Support
for such purposes shall be provided at a level sufficient for the
efficient operation of the Committee, including a subordinate Health
Executive Committee, a subordinate Benefits Executive Committee,
and such other committees or working groups as considered nec-
essary by the Deputy Secretary and Under Secretary.
‘‘(c) RECOMMENDATIONS.—(1) The Committee shall recommend
to the Secretaries strategic direction for the joint coordination and
sharing efforts between and within the two Departments under
H. R. 1588—100
section 8111 of this title and shall oversee implementation of those
efforts.
‘‘(2) The Committee shall submit to the two Secretaries and
to Congress an annual report containing such recommendations
as the Committee considers appropriate.
‘‘(d) FUNCTIONS.—In order to enable the Committee to make
recommendations in its annual report under subsection (c)(2), the
Committee shall do the following:
‘‘(1) Review existing policies, procedures, and practices
relating to the coordination and sharing of resources between
the two Departments.
‘‘(2) Identify changes in policies, procedures, and practices
that, in the judgment of the Committee, would promote mutu-
ally beneficial coordination, use, or exchange of use of services
and resources of the two Departments, with the goal of
improving the quality, efficiency and effectiveness of the
delivery of benefits and services to veterans, service members,
military retirees, and their families through an enhanced
Department of Veterans Affairs and Department of Defense
partnership.
‘‘(3) Identify and assess further opportunities for the
coordination and collaboration between the Departments that,
in the judgment of the Committee, would not adversely affect
the range of services, the quality of care, or the established
priorities for benefits provided by either Department.
‘‘(4) Review the plans of both Departments for the acquisi-
tion of additional resources, especially new facilities and major
equipment and technology, in order to assess the potential
effect of such plans on further opportunities for the coordination
and sharing of resources.
‘‘(5) Review the implementation of activities designed to
promote the coordination and sharing of resources between
the Departments.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘320. Department of Veterans Affairs-Department of Defense Joint Executive Com-
mittee.’’.
(b) CONFORMING AMENDMENTS.—(1) Subsection (c) of section
8111 of such title is repealed.
(2) Such section is further amended—
(A) in subsection (b)(2), by striking ‘‘the interagency com-
mittee provided for under subsection (c)’’ and inserting ‘‘the
Department of Veterans Affairs-Department of Defense Joint
Executive Committee under section 320 of this title’’;
(B) in subsection (d)(1), by striking ‘‘Committee established
in subsection (c)’’ and inserting ‘‘Department of Veterans
Affairs-Department of Defense Joint Executive Committee’’;
(C) in subsection (e)(1), by striking ‘‘Committee under sub-
section (c)(2)’’ and inserting ‘‘Department of Veterans Affairs-
Department of Defense Joint Executive Committee with respect
to health care resources’’; and
(D) in subsection (f)(2), by striking subparagraphs (B) and
(C) and inserting the following:
‘‘(B) The assessment of further opportunities identified by
the Department of Veterans Affairs-Department of Defense
Joint Executive Committee under subsection (d)(3) of section
H. R. 1588—101
320 of this title for the sharing of health-care resources between
the two Departments.
‘‘(C) Any recommendation made by that committee under
subsection (c)(2) of that section during that fiscal year.’’.
(c) TECHNICAL AMENDMENTS.—Subsection (f) of such section
is further amended by inserting ‘‘(Public Law 107–314)’’ in para-
graphs (3), (4)(A), (4)(B), and (5) after ‘‘for Fiscal Year 2003’’.
(d) EFFECTIVE DATE.—(1) If this Act is enacted before October
1, 2003—
(A) section 320 of title 38, United States Code, as added
by subsection (a), shall take effect on October 1, 2003; and
(B) the amendments made by subsections (b) and (c) shall
take effect on October 1, 2003, immediately after the amend-
ment made by section 721(a)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314; 116 Stat. 2589).
(2) If this Act is enacted on or after October 1, 2003, the
amendments made by this section shall take effect on the date
of the enactment of this Act.
SEC. 584. REVIEW OF THE 1991 DEATH OF MARINE CORPS COLONEL
JAMES E. SABOW.
(a) REVIEW REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall com-
mence a review, as specified in subsection (c), of the death of
Colonel James S. Sabow, United States Marine Corps, who died
on January 22, 1991, at the Marine Corps Air Station, El Toro,
California.
(b) FOCUS OF REVIEW.—The principal focus of the review under
subsection (a) shall be to determine the cause of the death of
Colonel Sabow, given the medical and forensic factors associated
with that death.
(c) REVIEW BY OUTSIDE EXPERTS.—The Secretary of Defense
shall provide that the evidence concerning the cause of the death
of Colonel Sabow and the medical and forensic factors associated
with that death shall be reviewed by medical and forensic experts
outside the Department of Defense.
(d) REPORT.—Not later than six months after the date of the
enactment of this Act, 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 written report
on the findings of the review under subsection (a). The Secretary
shall include in the report (1) the Secretary’s conclusions as a
result of the review, including the Secretary’s conclusions regarding
the cause of death of Colonel Sabow, and (2) the conclusions of
the experts reviewing the matter under subsection (c).
SEC. 585. POLICY ON CONCURRENT DEPLOYMENT TO COMBAT ZONES
OF BOTH MILITARY SPOUSES OF MILITARY FAMILIES
WITH MINOR CHILDREN.
(a) PUBLICATION OF POLICY.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall—
(1) prescribe the policy of the Department of Defense on
concurrent deployment to a combat zone of both spouses of
a dual-military family with one or more minor children; and
(2) transmit the policy to the Committees on Armed Serv-
ices of the Senate and the House of Representatives.
H. R. 1588—102
(b) DUAL-MILITARY FAMILY DEFINED.—In this section, the term
‘‘dual-military family’’ means a family in which both spouses are
members of the Armed Forces.
SEC. 586. CONGRESSIONAL NOTIFICATION OF AMENDMENT OR CAN-
CELLATION OF DEPARTMENT OF DEFENSE DIRECTIVE
RELATING 
TO 
REASONABLE 
ACCESS 
TO 
MILITARY
INSTALLATIONS FOR CERTAIN PERSONAL COMMERCIAL
SOLICITATION.
An amendment to Department of Defense Directive 1344.7,
‘‘Personal Commercial Solicitation on DoD Installations’’, or can-
cellation of that directive, shall not take effect until the end of
the 30-day period beginning on the date on which the Secretary
of Defense submits to Congress notice of the amendment or cancella-
tion and the reasons therefor.
SEC. 587. STUDY OF NATIONAL GUARD CHALLENGE PROGRAM.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study to evaluate—
(1) the adequacy and impact of the matching funds require-
ment in effect under section 509(d) of title 32, United States
Code, for States to participate in the National Guard Challenge
Program; and
(2) the value of the National Guard Challenge Program
to the Department of Defense.
(b) CONSIDERATION
OF MATCHING FUND ALTERNATIVES.—As
part of the study, the Secretary shall identify potential alternatives
to the matching funds structure provided for the National Guard
Challenge Program under section 509(d) of title 32, United States
Code, such as a range of Federal-State matching ratios, that would
provide flexibility in the management of the program to better
respond to temporary fiscal conditions.
(c) SUBMISSION OF STUDY.—Not later than March 1, 2004, the
Secretary shall submit to Congress a report containing the results
of the study and such recommendations as the Secretary considers
appropriate in response to the study.
SEC. 588. FINDINGS AND SENSE OF CONGRESS ON REWARD FOR
INFORMATION LEADING TO RESOLUTION OF STATUS OF
MEMBERS OF THE ARMED FORCES WHO REMAIN UNAC-
COUNTED FOR.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense estimates that there are
more than 10,000 members of the Armed Forces and others
who as a result of activities during the Korean War or the
Vietnam War were placed in a missing status or a prisoner
of war status, or who were determined to have been killed
in action, although remains of those members have not been
recovered, and they remain unaccounted for.
(2) One member of the Armed Forces, Navy Captain
Michael Scott Speicher, remains unaccounted for from the first
Persian Gulf War, and there have been credible reports of
his having been seen alive in Iraq in the years since his
aircraft was shot down on the first night of that war on January
16, 1991.
(3) The United States should pursue every lead and other-
wise maintain a relentless and thorough quest to completely
H. R. 1588—103
account for the fates of those members of the Armed Forces
who are missing or otherwise unaccounted for.
(4) The Secretary of Defense has the authority to disburse
funds as a reward to individuals who provide information
leading to the conclusive resolution of cases of missing members
of the Armed Forces.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense should—
(1) use the authority available to the Secretary to disburse
funds rewarding individuals who provide information leading
to the conclusive resolution of the status of any missing member
of the Armed Forces; and
(2) authorize and publicize a reward of $1,000,000 for
information resolving the fate of any member of the Armed
Forces, such as Navy Captain Michael Scott Speicher, who
the Secretary has reason to believe may be alive in captivity.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2004.
Sec. 602. Revised annual pay adjustment process.
Sec. 603. Computation of basic pay rate for commissioned officers with prior en-
listed or warrant officer service.
Sec. 604. Special subsistence allowance authorities for members assigned to high-
cost duty location or under other unique and unusual circumstances.
Sec. 605. Basic allowance for housing for each member married to another member
without dependents when both spouses are on sea duty.
Sec. 606. Temporary increase in authorized amount of family separation allowance.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Hazardous duty pay for duty involving ski-equipped aircraft on Antarctica
or the Arctic icepack.
Sec. 616. Special pay for reserve officers holding positions of unusual responsibility
and of critical nature.
Sec. 617. Payment of Selected Reserve reenlistment bonus to members of Selected
Reserve who are mobilized.
Sec. 618. Availability of hostile fire and imminent danger special pay for reserve
component members on inactive duty.
Sec. 619. Temporary increase in authorized amount of hostile fire and imminent
danger special pay.
Sec. 620. Retroactive payment of hostile fire or imminent danger pay for service in
eastern Mediterranean Sea in Operation Iraqi Freedom.
Sec. 621. Expansion of overseas tour extension incentive program to officers.
Sec. 622. Repeal of congressional notification requirement for designation of critical
military skills for retention bonus.
Sec. 623. Eligibility of warrant officers for accession bonus for new officers in crit-
ical skills.
Sec. 624. Special pay for service as member of Weapons of Mass Destruction Civil
Support Team.
Sec. 625. Incentive bonus for conversion to military occupational specialty to ease
personnel shortage.
Sec. 626. Bonus for reenlistment during service on active duty in Afghanistan, Iraq,
or Kuwait.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Shipment of privately owned motor vehicle within continental United
States.
H. R. 1588—104
Sec. 632. Transportation of dependents to presence of members of the Armed
Forces retired for illness or injury incurred in active duty.
Sec. 633. Payment or reimbursement of student baggage storage costs for depend-
ent children of members stationed overseas.
Sec. 634. Contracts for full replacement value for loss or damage to personal prop-
erty transported at Government expense.
Sec. 635. Payment of lodging expenses of members during authorized leave from
temporary duty location.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Phase-in of full concurrent receipt of military retired pay and veterans
disability compensation for certain military retirees.
Sec. 642. Revisions to combat-related special compensation program.
Sec. 643. Special rule for computation of retired pay base for commanders of com-
batant commands.
Sec. 644. Survivor Benefit Plan annuities for surviving spouses of Reserves not eli-
gible for retirement who die from a cause incurred or aggravated while
on inactive-duty training.
Sec. 645. Survivor Benefit Plan modifications.
Sec. 646. Increase in death gratuity payable with respect to deceased members of
the Armed Forces.
Sec. 647. Death benefits study.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Expanded commissary access for Selected Reserve members, reserve retir-
ees under age 60, and their dependents.
Sec. 652. Defense commissary system and exchange stores system.
Sec. 653. Limitations on private operation of defense commissary store functions.
Sec. 654. Use of appropriated funds to operate defense commissary system.
Sec. 655. Recovery of nonappropriated fund instrumentality and commissary store
investments in real property at military installations closed or re-
aligned.
Subtitle F—Other Matters
Sec. 661. Comptroller General report on adequacy of special pays and allowances
for frequently deployed members.
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment
to become effective during fiscal year 2004 required 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, 2004,
the rates of monthly basic pay for members of the uniformed serv-
ices within each pay grade are as follows:
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
O–8 ....
7,751.10
8,004.90
8,173.20
8,220.60
8,430.30
O–7 ....
6,440.70
6,739.80
6,878.40
6,988.50
7,187.40
O–6 ....
4,773.60
5,244.30
5,588.40
5,588.40
5,609.70
O–5 ....
3,979.50
4,482.90
4,793.40
4,851.60
5,044.80
O–4 ....
3,433.50
3,974.70
4,239.90
4,299.00
4,545.30
O–3 3
3,018.90
3,422.40
3,693.90
4,027.20
4,220.10
O–2 3
2,608.20
2,970.60
3,421.50
3,537.00
3,609.90
H. R. 1588—105
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–1 3
2,264.40
2,356.50
2,848.50
2,848.50
2,848.50
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 ....
8,781.90
8,863.50
9,197.10
9,292.80
9,579.90
O–7 ....
7,384.20
7,611.90
7,839.00
8,066.70
8,781.90
O–6 ....
5,850.00
5,882.10
5,882.10
6,216.30
6,807.30
O–5 ....
5,161.20
5,415.90
5,602.80
5,844.00
6,213.60
O–4 ....
4,809.30
5,137.80
5,394.00
5,571.60
5,673.60
O–3 3
4,431.60
4,568.70
4,794.30
4,911.30
4,911.30
O–2 3
3,609.90
3,609.90
3,609.90
3,609.90
3,609.90
O–1 3
2,848.50
2,848.50
2,848.50
2,848.50
2,848.50
Over 18
Over 20
Over 22
Over 24
Over 26
O–10 2
$0.00
$12,524.70
$12,586.20
$12,847.80
$13,303.80
O–9 ....
0.00
10,954.50
11,112.30
11,340.30
11,738.40
O–8 ....
9,995.70
10,379.10
10,635.30
10,635.30
10,635.30
O–7 ....
9,386.10
9,386.10
9,386.10
9,386.10
9,433.50
O–6 ....
7,154.10
7,500.90
7,698.30
7,897.80
8,285.40
O–5 ....
6,389.70
6,563.40
6,760.80
6,760.80
6,760.80
O–4 ....
5,733.00
5,733.00
5,733.00
5,733.00
5,733.00
O–3 3
4,911.30
4,911.30
4,911.30
4,911.30
4,911.30
O–2 3
3,609.50
3,609.50
3,609.50
3,609.50
3,609.50
O–1 3
2,848.50
2,848.50
2,848.50
2,848.50
2,848.50
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
commissioned officers in pay grades O–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 ex-
ceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, the rate of basic pay for an officer in this grade 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,
Commandant of the Coast Guard, or commander of a unified or specified combatant command
(as defined in section 161(c) of title 10, United States Code) is $14,634.20, regardless of cumu-
lative 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 offi-
cer.
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
$4,027.20
$4,220.10
O–2E
0.00
0.00
0.00
3,537.00
3,609.90
O–1E
0.00
0.00
0.00
2,848.50
3,042.30
Over 8
Over 10
Over 12
Over 14
Over 16
O–3E
$4,431.60
$4,568.70
$4,794.30
$4,984.20
$5,092.80
O–2E
3,724.80
3,918.60
4,068.60
4,180.20
4,180.20
O–1E
3,154.50
3,269.40
3,382.20
3,537.00
3,537.00
Over 18
Over 20
Over 22
Over 24
Over 26
O–3E
$5,241.30
$5,241.30
$5,241.30
$5,241.30
$5,241.30
H. R. 1588—106
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY
SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER—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–2E
4,180.20
4,180.20
4,180.20
4,180.20
4,180.20
O–1E
3,537.00
3,537.00
3,537.00
3,537.00
3,537.00
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 ...
3,119.40
3,355.80
3,452.40
3,547.20
3,710.40
W–3 ...
2,848.80
2,967.90
3,089.40
3,129.30
3,257.10
W–2 ...
2,505.90
2,649.00
2,774.10
2,865.30
2,943.30
W–1 ...
2,212.80
2,394.00
2,515.20
2,593.50
2,802.30
Over 8
Over 10
Over 12
Over 14
Over 16
W–5 ...
$0.00
$0.00
$0.00
$0.00
$0.00
W–4 ...
3,871.50
4,035.00
4,194.30
4,359.00
4,617.30
W–3 ...
3,403.20
3,595.80
3,786.30
3,988.80
4,140.60
W–2 ...
3,157.80
3,321.60
3,443.40
3,562.20
3,643.80
W–1 ...
2,928.30
3,039.90
3,164.70
3,247.20
3,321.90
Over 18
Over 20
Over 22
Over 24
Over 26
W–5 ...
$0.00
$5,360.70
$5,544.30
$5,728.80
$5,914.20
W–4 ...
4,782.60
4,944.30
5,112.00
5,277.00
5,445.90
W–3 ...
4,291.80
4,356.90
4,424.10
4,570.20
4,716.30
W–2 ...
3,712.50
3,843.00
3,972.60
4,103.70
4,103.70
W–1 ...
3,443.70
3,535.80
3,535.80
3,535.80
3,535.80
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
warrant 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 ....
2,145.00
2,341.20
2,430.60
2,549.70
2,642.10
E–6 ....
1,855.50
2,041.20
2,131.20
2,218.80
2,310.00
E–5 ....
1,700.10
1,813.50
1,901.10
1,991.10
2,130.60
E–4 ....
1,558.20
1,638.30
1,726.80
1,814.10
1,891.50
E–3 ....
1,407.00
1,495.50
1,585.50
1,585.50
1,585.50
E–2 ....
1,337.70
1,337.70
1,337.70
1,337.70
1,337.70
E–1 3 ..
1,193.40
1,193.40
1,193.40
1,193.40
1,193.40
Over 8
Over 10
Over 12
Over 14
Over 16
E–9 2 ..
$0.00
$3,769.20
$3,854.70
$3,962.40
$4,089.30
E–8 ....
3,085.50
3,222.00
3,306.30
3,407.70
3,517.50
E–7 ....
2,801.40
2,891.10
2,980.20
3,139.80
3,219.60
E–6 ....
2,516.10
2,596.20
2,685.30
2,763.30
2,790.90
E–5 ....
2,250.90
2,339.70
2,367.90
2,367.90
2,367.90
E–4 ....
1,891.50
1,891.50
1,891.50
1,891.50
1,891.50
H. R. 1588—107
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–3 ....
1,585.50
1,585.50
1,585.50
1,585.50
1,585.50
E–2 ....
1,337.70
1,337.70
1,337.70
1,337.70
1,337.70
E–1 3 ..
1,193.40
1,193.40
1,193.40
1,193.40
1,193.40
Over 18
Over 20
Over 22
Over 24
Over 26
E–9 2 ..
$4,216.50
$4,421.10
$4,594.20
$4,776.60
$5,054.70
E–8 ....
3,715.50
3,815.70
3,986.40
4,081.20
4,314.30
E–7 ....
3,295.50
3,341.70
3,498.00
3,599.10
3,855.00
E–6 ....
2,809.80
2,809.80
2,809.80
2,809.80
2,809.80
E–5 ....
2,367.90
2,367.90
2,367.90
2,367.90
2,367.90
E–4 ....
1,891.50
1,891.50
1,891.50
1,891.50
1,891.50
E–3 ....
1,585.50
1,585.50
1,585.50
1,585.50
1,585.50
E–2 ....
1,337.70
1,337.70
1,337.70
1,337.70
1,337.70
E–1 3 ..
1,193.40
1,193.40
1,193.40
1,193.40
1,193.40
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
enlisted members may not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade
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, is $6,090.90, regardless 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 $1,104.00.
SEC. 602. REVISED ANNUAL PAY ADJUSTMENT PROCESS.
(a) REQUIREMENT FOR ANNUAL ADJUSTMENT.—Subsection (a)
of section 1009 of title 37, United States Code, is amended to
read as follows:
‘‘(a) REQUIREMENT
FOR ANNUAL ADJUSTMENT.—Effective on
January 1 of each year, the rates of basic pay for members of
the uniformed services under section 203(a) of this title shall be
increased under this section.’’.
(b) EFFECTIVENESS OF ADJUSTMENT.—Subsection (b) of such
section is amended by striking ‘‘shall—’’ and all that follows and
inserting ‘‘shall have the force and effect of law.’’.
(c) PERCENTAGE OF ADJUSTMENT; ALTERNATIVE PAY ADJUST-
MENT AUTHORITY.—Such section is further amended—
(1) by striking subsections (c), (d), (e), and (g);
(2) by redesignating subsection (f) as subsection (d);
(3) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL MEMBERS.—(1) An
adjustment made under this section in a year shall provide all
eligible members with an increase in the monthly basic pay that
is the percentage (rounded to the nearest one-tenth of one percent)
by which the ECI for the base quarter of the year before the
preceding year exceeds the ECI for the base quarter of the second
year before the preceding calendar year (if at all).
‘‘(2) Notwithstanding paragraph (1), but subject to subsection
(d), the percentage of the adjustment taking effect under this section
during each of fiscal years 2004, 2005, and 2006, shall be one-
half of one percentage point higher than the percentage that would
otherwise be applicable under such paragraph.
‘‘(3) In this subsection:
H. R. 1588—108
‘‘(A) The term ‘ECI’ means the Employment Cost Index
(wages and salaries, private industry workers) published quar-
terly by the Bureau of Labor Statistics.
‘‘(B) The term ‘base quarter’ for any year is the three-
month period ending on September 30 of such year.’’; and
(4) by adding at the end the following new subsection:
‘‘(e) PRESIDENTIAL DETERMINATION OF NEED FOR ALTERNATIVE
PAY ADJUSTMENT.—(1) If, because of national emergency or serious
economic conditions affecting the general welfare, the President
considers the pay adjustment which would otherwise be required
by this section in any year to be inappropriate, the President
shall prepare and transmit to Congress before September 1 of
the preceding year a plan for such alternative pay adjustments
as the President considers appropriate, together with the reasons
therefor.
‘‘(2) In evaluating an economic condition affecting the general
welfare under this subsection, the President shall consider pertinent
economic measures including the Indexes of Leading Economic
Indicators, the Gross Domestic Product, the unemployment rate,
the budget deficit, the Consumer Price Index, the Producer Price
Index, the Employment Cost Index, and the Implicit Price Deflator
for Personal Consumption Expenditures.
‘‘(3) The President shall include in the plan submitted to Con-
gress under paragraph (1) an assessment of the impact that the
alternative pay adjustments proposed in the plan would have on
the Government’s ability to recruit and retain well-qualified persons
for the uniformed services.’’.
SEC. 603. COMPUTATION OF BASIC PAY RATE FOR COMMISSIONED
OFFICERS WITH PRIOR ENLISTED OR WARRANT OFFICER
SERVICE.
Section 203(d)(2) of title 37, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘enlisted member,’’
and all that follows through the period and inserting ‘‘enlisted
member.’’; and
(2) by striking subparagraph (B) and inserting the following
new subparagraph:
‘‘(B) Service as a warrant officer, as an enlisted member,
or as a warrant officer and an enlisted member, for which
at least 1,460 points have been credited to the officer for the
purposes of section 12732(a)(2) of title 10.’’.
SEC. 604. SPECIAL SUBSISTENCE ALLOWANCE AUTHORITIES FOR MEM-
BERS ASSIGNED TO HIGH-COST DUTY LOCATION OR
UNDER OTHER UNIQUE AND UNUSUAL CIRCUMSTANCES.
Section 402 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 following new sub-
section:
‘‘(f) SPECIAL RULE FOR HIGH-COST DUTY LOCATIONS AND OTHER
UNIQUE AND UNUSUAL CIRCUMSTANCES.—The Secretary of Defense
may authorize a member of the armed forces who is not entitled
to the meals portion of the per diem in connection with an assign-
ment in a high-cost duty location or under other unique and unusual
circumstances, as determined by the Secretary, to receive any or
all of the following:
H. R. 1588—109
‘‘(1) Meals at no cost to the member, regardless of the
entitlement of the member to a basic allowance for subsistence
under subsection (a).
‘‘(2) A basic allowance for subsistence at the standard rate,
regardless of the entitlement of the member for all meals or
select meals during the duty day.
‘‘(3) A supplemental subsistence allowance at a rate higher
than the basic allowance for subsistence rates in effect under
this section, regardless of the entitlement of the member for
all meals or select meals during the duty day.’’.
SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH MEMBER MAR-
RIED TO ANOTHER MEMBER WITHOUT DEPENDENTS
WHEN BOTH SPOUSES ARE ON SEA DUTY.
(a) ENTITLEMENT.—Section 403(f)(2)(C) of title 37, United States
Code, is amended—
(1) in the first sentence, by striking ‘‘are jointly entitled
to one basic allowance for housing’’ and inserting ‘‘are each
entitled to a basic allowance for housing’’; and
(2) by striking ‘‘The amount of the allowance’’ and all
that follows and inserting ‘‘The amount of the allowance payable
to a member under the preceding sentence shall be based
on the without dependents rate for the pay grade of the
member.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect as of October 1, 2003, and apply to months
beginning on or after that date.
SEC. 606. TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF FAMILY
SEPARATION ALLOWANCE.
Section 427 of title 37, United States Code, is amended by
adding at the end the following new subsection:
‘‘(e) TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF ALLOW-
ANCE.—For the period beginning on October 1, 2003, and ending
on December 31, 2004, the monthly allowance authorized by sub-
section (a)(1) shall be increased to $250.’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f )
of title 37, United States Code, is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of such title is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended
by striking ‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(d) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of such title is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
H. R. 1588—110
(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of such title is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
(f) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of such
title is amended by striking ‘‘December 31, 2003’’ and inserting
‘‘December 31, 2004’’.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFES-
SIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of such title is amended by striking ‘‘January 1, 2004’’
and inserting ‘‘January 1, 2005’’.
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f ) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section
302h(a)(1) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
States Code, is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
such title is amended by striking ‘‘December 31, 2003’’ and inserting
‘‘December 31, 2004’’.
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of such title is amended by striking ‘‘December 31, 2003’’
and inserting ‘‘December 31, 2004’’.
(c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e)
of such title is amended by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2004’’.
(d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY
SKILLS.—Section 323(i) of such title is amended by striking
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
H. R. 1588—111
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—
Section 324(g) of such title is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
SEC. 615. HAZARDOUS DUTY PAY FOR DUTY INVOLVING SKI-EQUIPPED
AIRCRAFT ON ANTARCTICA OR THE ARCTIC ICEPACK.
(a) ADDITIONAL TYPE
OF DUTY ELIGIBLE
FOR PAY.—Section
301(a) of title 37, United States Code, is amended—
(1) in paragraph (11), by striking ‘‘or’’ at the end;
(2) by redesignating paragraph (12) as paragraph (13);
and
(3) by inserting after paragraph (11) the following new
paragraph:
‘‘(12) involving use of ski-equipped aircraft on the ground
in Antarctica or on the Arctic ice-pack; or’’.
(b) MONTHLY
AMOUNT.—Subsection (c) of such section is
amended—
(1) in paragraph (1), by striking ‘‘(11)’’ and inserting ‘‘(12)’’;
and
(2) in paragraph (2)(A), by striking ‘‘(12)’’ and inserting
‘‘(13)’’.
(c) TECHNICAL AMENDMENTS.—(1) Subsections (a)(2), (b), (c),
and (f)(2)(A) of such section are amended by striking ‘‘clause’’ each
place it appears and inserting ‘‘paragraph’’.
(2) Subsection (c)(1) of such section is amended by striking
‘‘clauses’’ and inserting ‘‘paragraphs’’.
(d) EFFECTIVE DATE.—Paragraph (12) of section 301(a) of title
37, United States Code, as added by subsection (a)(3), shall apply
to duty described in such paragraph that is performed on or after
October 1, 2003.
SEC. 616. SPECIAL PAY FOR RESERVE OFFICERS HOLDING POSITIONS
OF 
UNUSUAL 
RESPONSIBILITY 
AND 
OF 
CRITICAL
NATURE.
(a) ELIGIBILITY.—Section 306 of title 37, United States Code,
is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(B) by striking ‘‘who is entitled to the basic pay of
pay grade O–6 or below and’’ and inserting ‘‘described
in paragraph (2)’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) An officer of the armed forces referred to in paragraph
(1) is an officer who is entitled to the basic pay under section
204 of this title, or the compensation under section 206 of this
title, of pay grade O–6 or below.’’;
(2) by redesignating subsections (b) through (e) as sub-
sections (c) through (f), respectively; and
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) If an officer entitled to compensation under section 206
of this title is paid special pay under subsection (a) for the perform-
ance of duties in a position designated under such subsection,
the special pay shall be paid at the rate of 1⁄30 of the monthly
rate authorized by such subsection for each day of the performance
of duties in the designated position.’’.
(b) LIMITATION.—Subsection (d) of such section, as redesignated
by subsection (a)(2) of this section, is amended—
H. R. 1588—112
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) in paragraph (1), as so designated, by inserting ‘‘or
mobilization in support of a contingency operation’’ after
‘‘training’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) Of the number of officers in the Selected Reserve of the
Ready Reserve of an armed force who are not on active duty
(other than for training or mobilization in support of a contingency
operation), not more than 5 percent of the number of such officers
in each of the pay grades O–3 and below, and not more than
10 percent of the number of such officers in pay grade O–4, O–
5, or O–6, may be paid special pay under subsection (b).’’.
SEC. 617. PAYMENT OF SELECTED RESERVE REENLISTMENT BONUS
TO 
MEMBERS 
OF 
SELECTED 
RESERVE 
WHO 
ARE
MOBILIZED.
Section 308b of title 37, United States Code, as amended by
section 611(a), is further amended—
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) PAYMENT
TO MOBILIZED MEMBERS.—A member entitled
to a bonus under this section who is called or ordered to active
duty shall be paid, during that period of active duty, any amount
of the bonus that becomes payable to the member during that
period of active duty.’’.
SEC. 618. AVAILABILITY OF HOSTILE FIRE AND IMMINENT DANGER
SPECIAL PAY FOR RESERVE COMPONENT MEMBERS ON
INACTIVE DUTY.
(a) EXPANSION AND CLARIFICATION OF CURRENT LAW.—Section
310 of title 37, United States Code, is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by striking subsection (a) and inserting the following
new subsections:
‘‘(a) ELIGIBILITY AND SPECIAL PAY AMOUNT.—Under regulations
prescribed by the Secretary of Defense, a member of a uniformed
service may be paid special pay at the rate of $150 for any month
in which—
‘‘(1) the member was entitled to basic pay or compensation
under section 204 or 206 of this title; and
‘‘(2) the member—
‘‘(A) was subject to hostile fire or explosion of hostile
mines;
‘‘(B) was on duty in an area in which the member
was in imminent danger of being exposed to hostile fire
or explosion of hostile mines and in which, during the
period the member was on duty in the area, other members
of the uniformed services were subject to hostile fire or
explosion of hostile mines;
‘‘(C) was killed, injured, or wounded by hostile fire,
explosion of a hostile mine, or any other hostile action;
or
‘‘(D) was on duty in a foreign area in which the member
was subject to the threat of physical harm or imminent
H. R. 1588—113
danger on the basis of civil insurrection, civil war, ter-
rorism, or wartime conditions.
‘‘(b) CONTINUATION DURING HOSPITALIZATION.—A member cov-
ered by subsection (a)(2)(C) who is hospitalized for the treatment
of the injury or wound may be paid special pay under this section
for not more than three additional months during which the member
is so hospitalized.’’.
(b) CLERICAL AMENDMENTS.—Such section is further amended—
(1) in subsection (c), as redesignated by subsection (a)(1),
by inserting ‘‘LIMITATIONS AND ADMINISTRATION.—’’ before ‘‘(1)’’;
and
(2) in subsection (d), as redesignated by subsection (a)(1),
by inserting ‘‘DETERMINATIONS OF FACT.—’’ before ‘‘Any’’.
(c) EFFECTIVE DATE.—Subsections (a) and (b) of section 310
of title 37, United States Code, as added by subsection (a)(2),
shall take effect as of September 11, 2001.
(d) RELATION TO TEMPORARY INCREASE IN AUTHORIZED AMOUNT
OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY.—(1) The
amendment made by subsection (a)(2) does not affect the authority
to pay an increased amount of hostile fire and imminent danger
special pay under section 310 of title 37, United States Code,
pursuant to—
(A) the amendment made by subsection (a) of section 1316
of Public Law 108–11 (117 Stat. 570) during the period specified
in subsection (c)(1) of such section, as modified by section
113 of Public Law 108–84 (117 Stat. 1044); or
(B) the amendment made by section 619 of this Act during
the period specified in such amendment.
(2) Effective as of April 16, 2003, section 1316(c)(2) of Public
Law 108–11 (117 Stat. 570) is amended by inserting ‘‘the dollar
amounts specified in’’ before ‘‘sections’’.
SEC. 619. TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF HOS-
TILE FIRE AND IMMINENT DANGER SPECIAL PAY.
Section 310 of title 37, United States Code, as amended by
section 618, is further amended by adding at the end the following
new subsection:
‘‘(e) TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF SPECIAL
PAY.—For the period beginning on October 1, 2003, and ending
on December 31, 2004, the rate of pay authorized by subsection
(a) shall be increased to $225.’’.
SEC. 620. RETROACTIVE PAYMENT OF HOSTILE FIRE OR IMMINENT
DANGER PAY FOR SERVICE IN EASTERN MEDITERRA-
NEAN SEA IN OPERATION IRAQI FREEDOM.
(a) PAYMENT AUTHORIZED.—The Secretary of Defense may
authorize the payment of hostile fire or imminent danger pay under
section 310(a) of title 37, United States Code, to members of the
Armed Forces who were assigned to duty, during the period begin-
ning on March 19, 2003, and ending on April 11, 2003, in the
area specified in subsection (b) in connection with Operation Iraqi
Freedom at any time during that period.
(b) SPECIFIED AREA.—The area referred to in subsection (a)
is the Mediterranean Sea east of 30 degrees East Longitude (sea
area only).
H. R. 1588—114
SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION INCENTIVE PRO-
GRAM TO OFFICERS.
(a) SPECIAL PAY OR BONUS FOR EXTENDING OVERSEAS TOUR
OF DUTY.—(1) Subsections (a) and (b) of section 314 of title 37,
United States Code, are amended by striking ‘‘an enlisted member’’
and inserting ‘‘a member’’.
(2)(A) The heading of such section is amended to read as
follows:
‘‘§ 314. Special pay or bonus: qualified members extending
duty at designated locations overseas’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 5 of such title is amended to read
as follows:
‘‘314. Special pay or bonus: qualified members extending duty at designated loca-
tions overseas.’’.
(b) REST
AND RECUPERATIVE ABSENCE
IN LIEU
OF PAY
OR
BONUS.—(1) Subsection (a) of section 705 of title 10, United States
Code, is amended by striking ‘‘an enlisted member’’ and inserting
‘‘a member’’.
(2) The heading of such section, and the item relating to such
section in the table of sections at the beginning of chapter 40
of such title, are each amended by striking the sixth word.
SEC. 622. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT
FOR DESIGNATION OF CRITICAL MILITARY SKILLS FOR
RETENTION BONUS.
Section 323(b) of title 37, United States Code, is amended—
(1) by striking ‘‘(1)’’; and
(2) by striking paragraph (2).
SEC. 623. ELIGIBILITY OF WARRANT OFFICERS FOR ACCESSION BONUS
FOR NEW OFFICERS IN CRITICAL SKILLS.
Section 324 of title 37, United States Code, is amended in
subsections (a) and (f)(1) by inserting ‘‘or an appointment’’ after
‘‘commission’’.
SEC. 624. SPECIAL PAY FOR SERVICE AS MEMBER OF WEAPONS OF
MASS DESTRUCTION CIVIL SUPPORT TEAM.
(a) IN GENERAL.—Chapter 5 of title 37, United States Code,
is amended by inserting after section 305a the following new section:
‘‘§ 305b. Special pay: service as member of Weapons of Mass
Destruction Civil Support Team
‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary of a military
department may pay special pay under this subsection to members
of an armed force under the jurisdiction of the Secretary who
are entitled to basic pay under section 204 and are assigned by
orders to duty as members of a Weapons of Mass Destruction
Civil Support Team if the Secretary determines that the payment
of such special pay is needed to address recruitment or retention
concerns in that armed force.
‘‘(b) MONTHLY RATE.—The monthly rate of special pay under
subsection (a) may not exceed $150.
H. R. 1588—115
‘‘(c) INCLUSION OF RESERVE COMPONENT MEMBERS PERFORMING
INACTIVE DUTY TRAINING.—(1) To the extent funds are made avail-
able to carry out this subsection, the Secretary of a military depart-
ment may pay the special pay under subsection (a) to members
of a reserve component of the armed forces who are entitled to
compensation under section 206 of this title and who perform duty
under orders as members of a Weapons of Mass Destruction Civil
Support Team.
‘‘(2) The amount of the special pay for a member referred
to in paragraph (1) shall be equal to 1⁄30 of the monthly special
pay rate in effect under subsection (b) for each day on which
the member performs duty under orders as members of a Weapons
of Mass Destruction Civil Support Team.
‘‘(d) REGULATIONS.—Special pay under this section shall be
provided in accordance with regulations prescribed by the Secretary
of Defense.
‘‘(e) DEFINITION.—In this section, the term ‘Weapons of Mass
Destruction Civil Support Team’ means a team of members of
the reserve components of the armed forces that is established
under section 12310(c) of title 10 in support of emergency prepared-
ness programs to prepare for or to respond to any emergency
involving the use of a weapon of mass destruction.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 305a the following new item:
‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil Sup-
port Team.’’.
SEC. 625. INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPA-
TIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.
(a) IN GENERAL.—Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
‘‘§ 326. Incentive bonus: conversion to military occupational
specialty to ease personnel shortage
‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Secretary concerned
may pay a bonus under this section to an eligible member of
the armed forces who executes a written agreement to convert
to, and serve for a period of not less than three years in, a military
occupational specialty for which there is a shortage of trained
and qualified personnel.
‘‘(b) ELIGIBLE MEMBERS.—A member is eligible to enter into
an agreement under subsection (a) if—
‘‘(1) the member is entitled to basic pay; and
‘‘(2) at the time the agreement is executed, the member
is serving in—
‘‘(A) pay grade E–6, with not more than 10 years
of service computed under section 205 of this title; or
‘‘(B) pay grade E–5 or below, regardless of years of
service.
‘‘(c) AMOUNT
AND PAYMENT
OF BONUS.—(1) A bonus under
this section may not exceed $4,000.
‘‘(2) A bonus payable under this section shall be disbursed
in one lump sum when the member’s conversion to the military
occupational specialty is approved by the chief personnel officer
of the member’s armed force.
H. R. 1588—116
‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus
paid to a member under this section is in addition to any other
pay and allowances to which the member is entitled.
‘‘(e) REPAYMENT
OF BONUS.—(1) A member who receives a
bonus under this section and who, voluntarily or because of mis-
conduct, fails to serve in such military occupational specialty for
the period specified in the agreement executed under subsection
(a) shall refund to the United States an amount that bears the
same ratio to the bonus amount paid to the member as the unserved
part of such period bears to the total period agreed to be served.
‘‘(2) An obligation to reimburse the United States imposed
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 the agreement for
which a bonus was paid under this section shall not discharge
the person signing such agreement from the debt arising under
paragraph (1).
‘‘(4) Under regulations prescribed pursuant to subsection (f),
the Secretary concerned may waive, in whole or in part, a refund
required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would
be contrary to the best interests of the United States.
‘‘(f) REGULATIONS.—The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by
the Secretary of a military department shall be subject to the
approval of the Secretary of Defense.
‘‘(g) TERMINATION OF AUTHORITY.—No agreement under this
section may be entered into after December 31, 2006.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘326. Incentive bonus: conversion to military occupational specialty to ease per-
sonnel shortage.’’.
SEC. 626. BONUS FOR REENLISTMENT DURING SERVICE ON ACTIVE
DUTY IN AFGHANISTAN, IRAQ, OR KUWAIT.
(a) CRITICAL SKILL REENLISTMENT BONUS.—Section 308(a) of
title 37, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(5) The Secretary of Defense may waive the eligibility require-
ment in paragraph (1)(B) in the case of a reenlistment or voluntary
extension of enlistment by a member of the armed forces that
is entered into as described in this subsection while the member
is serving on active duty in Afghanistan, Iraq, or Kuwait in support
of Operation Enduring Freedom or Operation Iraqi Freedom.’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(c)
of such title is amended by adding at the end the following new
paragraph:
‘‘(3) In the case of a reenlistment or voluntary extension of
enlistment by a member of the armed forces that is entered into
as described in subsection (a) while the member is serving on
active duty in Afghanistan, Iraq, or Kuwait in support of Operation
Enduring Freedom or Operation Iraqi Freedom, the Secretary con-
cerned may waive so much of paragraph (1)(B) or subsection (a)(2)
as requires that the skill or unit in which the member reenlists
H. R. 1588—117
or extends an enlistment be a designated skill or designated unit
determined by the Secretary concerned.’’.
(c) READY RESERVE REENLISTMENT BONUS.—Section 308h(a)
of such title is amended by adding at the end the following new
paragraph:
‘‘(4) The Secretary concerned may waive the eligibility require-
ment in paragraph (2)(B) in the case of a reenlistment or voluntary
extension of enlistment by a member of the armed forces that
is entered into as described in this subsection while the member
is serving on active duty in Afghanistan, Iraq, or Kuwait in support
of Operation Enduring Freedom and Operation Iraqi Freedom.’’.
(d) RETROACTIVE APPLICATION.—The amendments made by this
section shall take effect as of March 18, 2003, and apply with
respect to reenlistments or the voluntary extension of enlistments
that are entered into on or after that date.
Subtitle C—Travel and Transportation
Allowances
SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLE WITHIN
CONTINENTAL UNITED STATES.
(a) AUTHORITY TO PROCURE CONTRACT FOR TRANSPORTATION
OF MOTOR VEHICLE.—Section 2634 of title 10, United States Code,
is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new sub-
section (h):
‘‘(h) In the case of a member’s change of permanent station
described in subparagraph (A) or (B) of subsection (i)(1), the Sec-
retary concerned may authorize the member to arrange for the
shipment of the motor vehicle in lieu of transportation at the
expense of the United States under this section. The Secretary
concerned may pay the member a monetary allowance in lieu of
transportation, as established under section 404(d)(1) of title 37,
and the member shall be responsible for any transportation costs
in excess of such allowance.’’.
(b) ALLOWANCE FOR SELF-PROCUREMENT OF TRANSPORTATION
OF MOTOR VEHICLE.—Section 406(b)(1)(B) of title 37, United States
Code, is amended by adding at the end the following new sentence:
‘‘In the case of the transportation of a motor vehicle arranged
by the member under section 2634(h) of title 10, the Secretary
concerned may pay the member, upon presentation of proof of
shipment, a monetary allowance in lieu of transportation, as estab-
lished under section 404(d)(1) of this title.’’.
SEC. 632. TRANSPORTATION OF DEPENDENTS TO PRESENCE OF MEM-
BERS OF THE ARMED FORCES RETIRED FOR ILLNESS
OR INJURY INCURRED IN ACTIVE DUTY.
Section 411h(a) of title 37, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘military control’’ and
inserting ‘‘control’’; and
(2) in paragraph (2)(A)—
(A) by striking ‘‘or is entitled’’ and inserting ‘‘, is enti-
tled’’; and
H. R. 1588—118
(B) by inserting before the semicolon at the end the
following: ‘‘, or is retired for the illness or injury referred
to in subparagraph (B)’’.
SEC. 633. PAYMENT OR REIMBURSEMENT OF STUDENT BAGGAGE
STORAGE COSTS FOR DEPENDENT CHILDREN OF MEM-
BERS STATIONED OVERSEAS.
Section 430(b)(2) of title 37, United States Code, is amended
in the first sentence by inserting before the period at the end
the following: ‘‘or during a different period in the same fiscal year
selected by the member’’.
SEC. 634. CONTRACTS FOR FULL REPLACEMENT VALUE FOR LOSS
OR DAMAGE TO PERSONAL PROPERTY TRANSPORTED AT
GOVERNMENT EXPENSE.
(a) AUTHORITY.—Chapter 157 of title 10, United States Code,
is amended by inserting after section 2636 the following new section:
‘‘§ 2636a. Loss or damage to personal property transported
at Government expense: full replacement value;
deduction from amounts due carriers
‘‘(a) PROCUREMENT OF COVERAGE.—The Secretary of Defense
may include in a contract for the transportation of baggage and
household effects for members of the armed forces at Government
expense a clause that requires the carrier under the contract to
pay the full replacement value for loss or damage to the baggage
or household effects transported under the contract.
‘‘(b) DEDUCTION UPON FAILURE OF CARRIER TO SETTLE.—In
the case of a loss or damage of baggage or household effects trans-
ported under a contract with a carrier that includes a clause
described in subsection (a), the amount equal to the full replacement
value for the baggage or household effects may be deducted from
the amount owed by the United States to the carrier under the
contract upon a failure of the carrier to settle a claim for such
loss or total damage within a reasonable time. The amount so
deducted shall be remitted to the claimant, notwithstanding section
2636 of this title.
‘‘(c) INAPPLICABILITY OF RELATED LIMITS.—The limitations on
amounts of claims that may be settled under section 3721(b) of
title 31 do not apply to a carrier’s contractual obligation to pay
full replacement value under this section.
‘‘(d) REGULATIONS.—The Secretary of Defense shall prescribe
regulations for administering this section. The regulations shall
include policies and procedures for validating and evaluating claims,
validating proper claimants, and determining reasonable time for
settlement.
‘‘(e) TRANSPORTATION DEFINED.—In this section, the terms
‘transportation’ and ‘transport’, with respect to baggage or house-
hold effects, includes packing, crating, drayage, temporary storage,
and unpacking of the baggage or household effects.’’.
H. R. 1588—119
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2636 the following new item:
‘‘2636a. Loss or damage to personal property transported at Government expense:
full replacement value; deduction from amounts due carriers.’’.
SEC. 635. PAYMENT OF LODGING EXPENSES OF MEMBERS DURING
AUTHORIZED LEAVE FROM TEMPORARY DUTY LOCA-
TION.
(a) PAYMENT OR REIMBURSEMENT AUTHORIZED.—Chapter 7 of
title 37, United States Code, is amended by inserting after section
404a the following new section:
‘‘§ 404b. Travel and transportation allowances: lodging
expenses at temporary duty location for members
on authorized leave
‘‘(a) PAYMENT OR REIMBURSEMENT AUTHORIZED.—The Secretary
concerned may pay or reimburse a member of the armed forces
assigned to temporary duty as described in subsection (b) for lodging
expenses incurred by the member at the temporary duty location
while the member is in an authorized leave status.
‘‘(b) COVERED MEMBERS.—Subsection (a) applies with respect
to a member assigned to temporary duty, for a period of more
than 30 days, in support of a contingency operation or in other
specific situations designated by the Secretary concerned if the
member——
‘‘(1) immediately before taking the authorized leave, was
performing the temporary duty at a location away from the
home or permanent duty station of the member;
‘‘(2) was receiving a per diem allowance under section
404(a)(4) of this title to cover lodging and subsistence expenses
incurred at the temporary duty location because quarters of
the United States were not available for assignment to the
member at that location; and
‘‘(3) immediately after completing the authorized leave,
returns to the duty location.
‘‘(c) PAYMENT LIMITATION.—The amount paid or reimbursed
under subsection (a) for a member may not exceed the lesser of—
‘‘(1) the actual daily cost of lodging incurred by the member
at the temporary duty location while the member was in an
authorized leave status; and
‘‘(2) the lodging portion of the applicable daily per diem
rate for the temporary duty location.’’.
H. R. 1588—120
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 404a the following new item:
‘‘404b. Travel and transportation allowances: lodging expenses at temporary duty lo-
cation for members on authorized leave.’’.
Subtitle D—Retired Pay and Survivor
Benefits
SEC. 641. PHASE-IN OF FULL CONCURRENT RECEIPT OF MILITARY
RETIRED PAY AND VETERANS DISABILITY COMPENSA-
TION FOR CERTAIN MILITARY RETIREES.
(a) CONCURRENT RECEIPT.—Section 1414 of title 10, United
States Code, is amended to read as follows:
‘‘§ 1414. Members eligible for retired pay who are also eligible
for veterans’ disability compensation for disabil-
ities rated 50 percent or higher: concurrent pay-
ment of retired pay and veterans’ disability com-
pensation
‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION.—
‘‘(1) IN GENERAL.—Subject to subsection (b), a member or
former member of the uniformed services who is entitled for
any month to retired pay and who is also entitled for that
month to veterans’ disability compensation for a qualifying
service-connected disability (hereinafter in this section referred
to as a ‘qualified retiree’) is entitled to be paid both for that
month without regard to sections 5304 and 5305 of title 38.
During the period beginning on January 1, 2004, and ending
on December 31, 2013, payment of retired pay to such a quali-
fied retiree is subject to subsection (c).
‘‘(2) QUALIFYING SERVICE-CONNECTED DISABILITY.—In this
section, the term ‘qualifying service-connected disability’ means
a service-connected disability or combination of service-con-
nected disabilities that is rated as not less than 50 percent
disabling by the Secretary of Veterans Affairs.
‘‘(b) SPECIAL RULES FOR CHAPTER 61 DISABILITY RETIREES.—
‘‘(1) CAREER
RETIREES.—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,
or at least 20 years of service computed under section 12732
of this title, at the 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 retired
under chapter 61 of this title.
‘‘(2) DISABILITY
RETIREES
WITH
LESS
THAN
YEARS
OF
SERVICE.—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, or with
less than 20 years of service computed under section 12732
of this title, at the time of the member’s retirement.
H. R. 1588—121
‘‘(c) PHASE-IN
OF FULL CONCURRENT RECEIPT.—During the
period beginning on January 1, 2004, and ending on December
31, 2013, retired pay payable to a qualified retiree shall be deter-
mined as follows:
‘‘(1) CALENDAR YEAR 2004.—For a month during 2004, the
amount of retired pay payable to a qualified retiree is the
amount (if any) of retired pay in excess of the current baseline
offset plus the following:
‘‘(A) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as total,
$750.
‘‘(B) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 90
percent, $500.
‘‘(C) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 80
percent, $350.
‘‘(D) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 70
percent, $250.
‘‘(E) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 60
percent, $125.
‘‘(F) For a month for which the retiree receives vet-
erans’ disability compensation for a disability rated as 50
percent, $100.
‘‘(2) CALENDAR YEAR 2005.—For a month during 2005, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount specified in paragraph (1) for that
qualified retiree; and
‘‘(B) 10 percent of the difference between (i) the current
baseline offset, and (ii) the amount specified in paragraph
(1) for that member’s disability.
‘‘(3) CALENDAR YEAR 2006.—For a month during 2006, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (2) for
that qualified retiree; and
‘‘(B) 20 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (2) for that qualified retiree.
‘‘(4) CALENDAR YEAR 2007.—For a month during 2007, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (3) for
that qualified retiree; and
‘‘(B) 30 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (3) for that qualified retiree.
‘‘(5) CALENDAR YEAR 2008.—For a month during 2008, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (4) for
that qualified retiree; and
H. R. 1588—122
‘‘(B) 40 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (4) for that qualified retiree.
‘‘(6) CALENDAR YEAR 2009.—For a month during 2009, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (5) for
that qualified retiree; and
‘‘(B) 50 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (5) for that qualified retiree.
‘‘(7) CALENDAR YEAR 2010.—For a month during 2010, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (6) for
that qualified retiree; and
‘‘(B) 60 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (6) for that qualified retiree.
‘‘(8) CALENDAR YEAR 2011.—For a month during 2011, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (7) for
that qualified retiree; and
‘‘(B) 70 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (7) for that qualified retiree.
‘‘(9) CALENDAR YEAR 2012.—For a month during 2012, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (8) for
that qualified retiree; and
‘‘(B) 80 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (8) for that qualified retiree.
‘‘(10) CALENDAR YEAR 2013.—For a month during 2013, the
amount of retired pay payable to a qualified retiree is the
sum of—
‘‘(A) the amount determined under paragraph (9) for
that qualified retiree; and
‘‘(B) 90 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under para-
graph (9) for that qualified retiree.
‘‘(11) GENERAL LIMITATION.—Retired pay determined under
this subsection for a qualified retiree, if greater than the
amount of retired pay otherwise applicable to that qualified
retiree, shall be reduced to the amount of retired pay otherwise
applicable to that qualified retiree.
‘‘(d) COORDINATION WITH COMBAT-RELATED SPECIAL COMPENSA-
TION PROGRAM.—
‘‘(1) IN GENERAL.—A person who is a qualified retiree under
this section and is also an eligible combat-related disabled
uniformed services retiree under section 1413a of this title
may receive special compensation in accordance with that sec-
tion or retired pay in accordance with this section, but not
both.
H. R. 1588—123
‘‘(2) ANNUAL OPEN SEASON.—The Secretary concerned shall
provide for an annual period (referred to as an ‘open season’)
during which a person described in paragraph (1) shall have
the right to make an election to change from receipt of special
compensation in accordance with section 1413a of this title
to receipt of retired pay in accordance with this section, or
the reverse, as the case may be. Any such election shall be
made under regulations prescribed by the Secretary concerned.
Such regulations shall provide for the form and manner for
making such an election and shall provide for the date as
of when such an election shall become effective. In the case
of the Secretary of a military department, such regulations
shall be subject to approval by the Secretary of Defense.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) RETIRED PAY.—The term ‘retired pay’ includes retainer
pay, emergency officers’ retirement pay, and naval pension.
‘‘(2) VETERANS’ DISABILITY COMPENSATION.—The term ‘vet-
erans’ disability compensation’ has the meaning given the term
‘compensation’ in section 101(13) of title 38.
‘‘(3) DISABILITY RATED AS TOTAL.—The term ‘disability rated
as total’ means—
‘‘(A) a disability, or combination of disabilities, that
is rated as total under the standard schedule of rating
disabilities in use by the Department of Veterans Affairs;
or
‘‘(B) a disability, or combination of disabilities, for
which the scheduled rating is less than total but for which
a rating of total is assigned by reason of inability of the
disabled person concerned to secure or follow a substan-
tially gainful occupation as a result of disabilities for which
veterans’ disability compensation may be paid.
‘‘(4) CURRENT BASELINE OFFSET.—
‘‘(A) IN GENERAL.—The term ‘current baseline offset’
for any qualified retiree means the amount for any month
that is the lesser of—
‘‘(i) the amount of the applicable monthly retired
pay of the qualified retiree for that month; and
‘‘(ii) the amount of monthly veterans’ disability
compensation to which the qualified retiree is entitled
for that month.
‘‘(B) APPLICABLE RETIRED PAY.—In subparagraph (A),
the term ‘applicable retired pay’ for a qualified retiree
means the amount of monthly retired pay to which the
qualified retiree is entitled, determined without regard to
this section or sections 5304 and 5305 of title 38, except
that in the case of such a retiree who was retired under
chapter 61 of this title, such amount is 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 retired under chapter 61 of this title.’’.
(b) 
REPEAL
OF
SUPERCEDED
SPECIAL
COMPENSATION
AUTHORITY.—Section 1413 of title 10, United States Code, is
repealed.
(c) SOURCE OF FUNDS FOR SPECIAL COMPENSATION AUTHORITIES
FOR DEPARTMENT OF DEFENSE RETIREES.—
H. R. 1588—124
(1) Sections 1413(g) and 1413a(h) of title 10, United States
Code, are each amended—
(A) by inserting before ‘‘Payments under’’ the following
new sentence: ‘‘Payments under this section for a member
of the Army, Navy, Air Force, or Marine Corps shall be
paid from the Department of Defense Military Retirement
Fund.’’; and
(B) by inserting ‘‘for any other member’’ before ‘‘for
any fiscal year’’.
(2) Section 1463(a)(1) of such title is amended by inserting
before the semicolon the following: ‘‘and payments under section
1413, 1413a, or 1414 of this title paid to such members’’.
(3) Section 1465(b) of such title is amended by adding
at the end the following new paragraph:
‘‘(3) At the same time that the Secretary of Defense makes
the determination required by paragraph (1) for any fiscal year,
the Secretary shall determine the amount of the Treasury contribu-
tion to be made to the Fund for the next fiscal year under section
1466(b)(2)(D) of this title. That amount shall be determined in
the same manner as the determination under paragraph (1) of
the total amount of Department of Defense contributions to be
made to the Fund during that fiscal year under section 1466(a)
of this title, except that for purposes of this paragraph the Secretary,
in making the calculations required by subparagraphs (A) and
(B) of that paragraph, shall use the single level percentages deter-
mined under subsection (c)(4), rather than those determined under
subsection (c)(1).’’.
(4) Section 1465(c) of such title is amended—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting before the
semicolon at the end the following: ‘‘, to be determined
without regard to section 1413, 1413a, or 1414 of this
title’’;
(ii) in subparagraph (B), by inserting before the
period at the end the following: ‘‘, to be determined
without regard to section 1413, 1413a, or 1414 of this
title’’; and
(iii) in the sentence following subparagraph (B),
by striking ‘‘subsection (b)’’ and inserting ‘‘subsection
(b)(1)’’;
(B) by redesignating paragraph (4) as paragraph (5);
and
(C) by inserting after paragraph (3) the following new
paragraph (4):
‘‘(4) Whenever the Secretary carries out an actuarial valuation
under paragraph (1), the Secretary shall include as part of such
valuation the following:
‘‘(A) A determination of a single level percentage deter-
mined in the same manner as applies under subparagraph
(A) of paragraph (1), but based only upon the provisions of
sections 1413, 1413a, and 1414 of this title.
‘‘(B) A determination of a single level percentage deter-
mined in the same manner as applies under subparagraph
(B) of paragraph (1), but based only upon the provisions of
sections 1413, 1413a, and 1414 of this title.
Such single level percentages shall be used for the purposes of
subsection (b)(3).’’.
H. R. 1588—125
(5) Section 1466(b) of such title is amended—
(A) in paragraph (1), by striking ‘‘sections 1465(a) and
1465(c)’’ and inserting ‘‘sections 1465(a), 1465(b)(3),
1465(c)(2), and 1465(c)(3)’’; and
(B) by adding at the end of paragraph (2) the following
new subparagraph:
‘‘(D) The amount for that year determined by the Secretary
of Defense under section 1465(b)(3) of this title for the cost
to the Fund arising from increased amounts payable from the
Fund by reason of section 1413, 1413a, or 1414 of this title.’’.
(6) The amendments made by this subsection shall take
effect as of October 1, 2003. The Secretary of Defense shall
provide for such administrative adjustments as necessary to
provide for payments made for any period during fiscal year
2004 before the date of the enactment of this Act to be treated
as having been made in accordance with such amendments
and for the provisions of such amendments to be implemented
as if enacted as of September 30, 2003.
(d) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 71 of such title is amended—
(1) by striking the item relating to section 1413; and
(2) by striking the item relating to section 1414 and
inserting the following:
‘‘1414. Members eligible for retired pay who are also eligible for veterans’ disability
compensation for disabilities rated 50 percent or higher: concurrent pay-
ment of retired pay and veterans’ disability compensation.’’.
(e) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on January 1, 2004, and shall apply
to payments for months beginning on or after that date.
SEC. 642. REVISIONS TO COMBAT-RELATED SPECIAL COMPENSATION
PROGRAM.
(a) EXTENSION OF PROGRAM TO COMBAT-RELATED DISABILITIES
RATED BELOW 60 PERCENT.—(1) Subsection (e) of section 1413a
of title 10, United States Code, is amended to read as follows:
‘‘(e) COMBAT-RELATED DISABILITY.—In this section, the term
‘combat-related disability’ means a disability that is compensable
under the laws administered by the Secretary of Veterans Affairs
and that—
‘‘(1) is attributable to an injury for which the member
was awarded the Purple Heart; or
‘‘(2) was incurred (as determined under criteria prescribed
by the Secretary of Defense)—
‘‘(A) as a direct result of armed conflict;
‘‘(B) while engaged in hazardous service;
‘‘(C) in the performance of duty under conditions simu-
lating war; or
‘‘(D) through an instrumentality of war.’’.
(2) Subsection (c)(2) of such section is amended by striking
‘‘qualifying’’.
(b) CLARIFICATION OF SERVICE REQUIRED FOR ELIGIBILITY.—
Subsection (c)(1) of such section is amended by inserting before
the semicolon the following: ‘‘or is entitled to retired pay under
section 12731 of this title (other than by reason of section 12731b
of this title)’’.
(c) CLARIFICATION
OF DETERMINATION
OF AMOUNT
OF COM-
PENSATION.—Subsection (b)(1) of such section is amended by
H. R. 1588—126
striking ‘‘for a’’ and all that follows and inserting ‘‘under subsection
(a) for any month is the amount of compensation to which the
retiree is entitled under title 38 for that month, determined without
regard to any disability of the retiree that is not a combat-related
disability.’’.
(d) REVISED COORDINATION PROVISION.—Subsection (f) of such
section is amended to read as follows:
‘‘(f) COORDINATION WITH CONCURRENT RECEIPT PROVISION.—
Subsection (d) of section 1414 of this title provides for coordination
between benefits under that section and under this section.’’.
(e) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 1413a. Combat-related special compensation’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 71 of such title is amended to read
as follows:
‘‘1413a. Combat-related special compensation.’’.
(f) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), and (c) shall apply to payments under section 1413a of
title 10, United States Code, for months beginning on or after
January 1, 2004. The amendment made by subsection (d) shall
take effect on January 1, 2004.
SEC. 643. SPECIAL RULE FOR COMPUTATION OF RETIRED PAY BASE
FOR COMMANDERS OF COMBATANT COMMANDS.
(a) TREATMENT EQUIVALENT
TO CHIEFS
OF SERVICE.—Sub-
section (i) of section 1406 of title 10, United States Code, is amended
by inserting ‘‘as a commander of a unified or specified combatant
command (as defined in section 161(c) of this title),’’ after ‘‘Chief
of Service,’’.
(b) CONFORMING AMENDMENT.—The heading for such sub-
section is amended by inserting ‘‘COMMANDERS OF COMBATANT COM-
MANDS,’’ after ‘‘CHIEFS OF SERVICE,’’.
(c) EFFECTIVE DATE
AND APPLICABILITY.—The amendments
made by this section shall take effect on the date of the enactment
of this Act and shall apply with respect to officers who first become
entitled to retired pay under title 10, United States Code, on or
after such date.
SEC. 644. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING
SPOUSES OF RESERVES NOT ELIGIBLE FOR RETIREMENT
WHO DIE FROM A CAUSE INCURRED OR AGGRAVATED
WHILE ON INACTIVE-DUTY TRAINING.
(a) SURVIVING SPOUSE ANNUITY.—Paragraph (1) of section
1448(f) of title 10, United States Code, is amended to read as
follows:
‘‘(1) SURVIVING SPOUSE ANNUITY.—The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a person who—
‘‘(A) is eligible to provide a reserve-component annuity
and dies—
‘‘(i) before being notified under section 12731(d)
of this title that he has completed the years of service
required for eligibility for reserve-component retired
pay; or
H. R. 1588—127
‘‘(ii) during the 90-day period beginning on the
date he receives notification under section 12731(d)
of this title that he has completed the years of service
required for eligibility for reserve-component retired
pay if he had not made an election under subsection
(a)(2)(B) to participate in the Plan; or
‘‘(B) is a member of a reserve component not described
in subparagraph (A) and dies from an injury or illness
incurred or aggravated in the line of duty during inactive-
duty training.’’.
(b) CONFORMING AMENDMENT.—The heading for subsection (f)
of section 1448 of such title is amended by inserting ‘‘OR BEFORE’’
after ‘‘DYING WHEN’’.
(c) EFFECTIVE DATE.—Subparagraph (B) of section 1448(f)(1)
of title 10, United States Code, as added by subsection (a), shall
take effect as of September 10, 2001, and shall apply with respect
to performance of inactive-duty training (as defined in section 101(d)
of title 10, United States Code) on or after that date.
SEC. 645. SURVIVOR BENEFIT PLAN MODIFICATIONS.
(a) ELIGIBILITY OF DEPENDENT CHILDREN FOR SURVIVOR ANNU-
ITIES IN CASES OF DEATHS OF MEMBERS ON ACTIVE DUTY.—(1)
Paragraph (2) of section 1448(d) of title 10, United States Code,
is amended to read as follows:
‘‘(2) DEPENDENT CHILDREN.—
‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.—
In the case of a member described in paragraph (1), the
Secretary concerned shall pay an annuity under this sub-
chapter to the member’s dependent children under section
1450(a)(2) of this title as applicable.
‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE
SURVIVING SPOUSE.—In the case of a member described
in paragraph (1) who dies on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2004 and for whom there is a surviving spouse
eligible for an annuity under paragraph (1), the Secretary
may pay an annuity under this subchapter to the member’s
dependent children under section 1450(a)(3) of this title,
if applicable, instead of paying an annuity to the surviving
spouse under paragraph (1), if the Secretary concerned,
in consultation with the surviving spouse, determines it
appropriate to provide an annuity for the dependent chil-
dren under this paragraph instead of an annuity for the
surviving spouse under paragraph (1).’’.
(2) Paragraph (1) of such section is amended by striking ‘‘The
Secretary concerned’’ and inserting ‘‘Except as provided in para-
graph (2)(B), the Secretary concerned’’.
(b) VITIATION OF SURVIVOR ANNUITY ELECTIONS MADE BY DIS-
ABILITY RETIREES WHO DIE OF DISABILITY-RELATED CAUSES.—(1)
Section 1448(b)(1) of such title is amended by adding at the end
the following new subparagraph:
‘‘(F) VITIATION OF ELECTION BY DISABILITY RETIREE WHO
DIES OF DISABILITY-RELATED CAUSE.—If a member retired
on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004 under
chapter 61 of this title dies within one year after the
date on which the member is so retired and the cause
H. R. 1588—128
of death is related to a disability for which the member
was retired under that chapter (as determined under regu-
lations prescribed by the Secretary of Defense)—
‘‘(i) an election made by the member under para-
graph (1) to provide an annuity under the Plan to
any person other than a dependent of that member
(as defined in section 1072(2) of this title) is vitiated;
and
‘‘(ii) the amounts by which the member’s retired
pay was reduced under section 1452 of this title shall
be refunded and paid to the person to whom the
annuity under the Plan would have been paid pursuant
to such election.’’.
(2) Section 1458 of such title is amended by adding at the
end the following new subsection:
‘‘(j) VITIATION OF ELECTION BY DISABILITY RETIREE WHO DIES
OF DISABILITY-RELATED CAUSE.—If a member retired on or after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2004 under chapter 61 of this title dies within
one year after the date on which the member is so retired and
the cause of death is related to a disability for which the member
was retired under that chapter (as determined under regulations
prescribed by the Secretary of Defense)—
‘‘(1) an election made by the member to provide a supple-
mental spouse annuity under this subchapter is vitiated; and
‘‘(2) the amounts by which the member’s retired pay was
reduced under section 1460 of this title shall be refunded and
paid to the person to whom the supplemental spouse annuity
would have been paid pursuant to such election.’’.
(c) INSURABLE INTEREST ANNUITY DEEMED ELECTIONS.—Section
1448(d) of such title is amended by adding at the end the following
new paragraph:
‘‘(6) DEEMED ELECTION.—
‘‘(A) ANNUITY
FOR
DEPENDENT.—In the case of a
member described in paragraph (1) who dies on or after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004, the Secretary con-
cerned may, if no other annuity is payable on behalf of
the member under this subchapter, pay an annuity to
a natural person who has an insurable interest in such
member as if the annuity were elected by the member
under subsection (b)(1). The Secretary concerned may pay
such an annuity under this paragraph only in the case
of a person who is a dependent of that member (as defined
in section 1072(2) of this title).
‘‘(B) COMPUTATION
OF
ANNUITY.—An annuity under
this subparagraph shall be computed under section 1451(b)
of this title as if the member had retired for total disability
on the date of death with reductions as specified under
section 1452(c) of this title, as applicable to the ages of
the member and the natural person with an insurable
interest.’’.
H. R. 1588—129
SEC. 646. INCREASE IN DEATH GRATUITY PAYABLE WITH RESPECT
TO DECEASED MEMBERS OF THE ARMED FORCES.
(a) AMOUNT OF DEATH GRATUITY.—Section 1478(a) of title 10,
United States Code, is amended by striking ‘‘$6,000’’ and inserting
‘‘$12,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of September 11, 2001, and shall apply with
respect to deaths occurring on or after that date.
SEC. 647. DEATH BENEFITS STUDY.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the sacrifices made by the members of the Armed Forces
are significant and are worthy of meaningful expressions of
gratitude by the United States, especially in cases of sacrifice
through loss of life;
(2) the tragic events of September 11, 2001, and subsequent
worldwide combat operations in the Global War on Terrorism
and in Operation Iraqi Freedom have highlighted the significant
disparity between the financial benefits for survivors of
deceased members of the Armed Forces and the financial bene-
fits for survivors of civilian victims of terrorism;
(3) the death benefits system composed of the death gra-
tuity paid by the Department of Defense to survivors of mem-
bers of the Armed Forces, the subsequently established
Servicemembers’ Group Life Insurance (SGLI) program, and
other benefits for survivors of deceased members has evolved
over time, but there are increasing indications that the evo-
lution of such benefits has failed to keep pace with the expan-
sion of indemnity and compensation available to segments of
United States society outside the Armed Forces, a failure that
is especially apparent in a comparison of the benefits for sur-
vivors of deceased members with the compensation provided
to families of civilian victims of terrorism; and
(4) while the Servicemembers’ Group Life Insurance (SGLI)
program provides an assured source of life insurance for mem-
bers of the Armed Forces that benefits the survivors of such
members upon death, that program requires servicemembers
to pay for that life insurance coverage and does not provide
an assured minimum benefit.
(b) STUDY REQUIRED.—The Secretary of Defense shall carry
out a study of the totality of all current and projected death benefits
for survivors of deceased members of the Armed Forces to determine
the adequacy of such benefits. In carrying out the study, the Sec-
retary shall—
(1) compare the Federal death benefits for survivors of
deceased members of the Armed Forces with—
(A) commercial and other private sector death benefits
plans for segments of United States society outside the
Armed Forces; and
(B) the benefits available under Public Law 107–37
(115 Stat. 219) (commonly known as the ‘‘Public Safety
Officer Benefits Bill’’);
(2) assess the personnel policy effects that would result
from a revision of the death gratuity benefit to provide a
stratified schedule of entitlement amounts that places a pre-
mium on deaths resulting from participation in combat or from
acts of terrorism;
H. R. 1588—130
(3) assess the adequacy of the current system of Survivor
Benefit Plan annuities under title 10, United States Code,
and dependency and indemnity compensation under title 38,
United States Code, and the anticipated effects (if any) of
an elimination of the offset of Survivor Benefit Plan annuities
by dependency and indemnity compensation payments;
(4) examine the commercial insurability of members of
the Armed Forces in high-risk military occupational specialties;
and
(5) examine the extent to which private trusts and founda-
tions engage in fundraising or otherwise provide financial bene-
fits for survivors of deceased members of the Armed Forces.
(c) REPORT.—Not later than March 1, 2004, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the study
under subsection (b). The report shall include the following:
(1) The assessments, analyses, and conclusions resulting
from the study.
(2) Proposed legislation to address the deficiencies in the
system of Federal death benefits for survivors of deceased mem-
bers of the Armed Forces that are identified in the course
of the study.
(3) An estimate of the costs of the system of death benefits
provided for in the proposed legislation.
(d) COMPTROLLER GENERAL STUDY.—The Comptroller General
shall conduct a study to identify the death benefits that are payable
under Federal, State, and local laws for employees of the United
States, State governments, and local governments. Not later than
March 1, 2004, the Comptroller General shall submit a report
containing the results of the study to the Committees on Armed
Services of the Senate and the House of Representatives.
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits
SEC. 651. EXPANDED COMMISSARY ACCESS FOR SELECTED RESERVE
MEMBERS, RESERVE RETIREES UNDER AGE 60, AND
THEIR DEPENDENTS.
(a) ACCESS TO MILITARY COMMISSARIES.—Section 1065 of title
10, United States Code, is amended—
(1) in subsections (a), (b), and (c), by inserting ‘‘commissary
stores and’’ after ‘‘use’’ each place it appears; and
(2) in subsection (d)—
(A) by inserting ‘‘commissary stores and’’ after ‘‘use’’
the first and third places it appears; and
(B) by inserting ‘‘stores and’’ after ‘‘use’’ the second
and fourth places it appears.
(b) CONFORMING
AMENDMENTS; TRANSFER
OF
SECTION.—
Chapter 54 of such title is amended—
(1) by striking sections 1063 and 1064;
(2) in section 1063a(c)(2), by striking ‘‘section 1065(e)’’ and
inserting ‘‘section 1063(e)’’;
(3) by redesignating section 1063a, as amended by para-
graph (2), as section 1064;
H. R. 1588—131
(4) by transferring section 1065, as amended by subsection
(a), so as to appear after section 1062; and
(5) by striking the heading of such section, as amended
by subsection (a) and transferred by paragraph (4), and
inserting the following new heading:
‘‘§ 1063. Use of commissary stores and MWR retail facilities:
members of reserve components and reserve
retirees under age 60’’.
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of such chapter is amended by striking the items relating
to sections 1063, 1063a, 1064, and 1065 and inserting the following
new items:
‘‘1063. Use of commissary stores and MWR retail facilities: members of reserve com-
ponents and reserve retirees under age 60.
‘‘1064. Use of commissary stores and MWR retail facilities: members of National
Guard serving in federally declared disaster or national emergency.’’.
SEC. 652. DEFENSE COMMISSARY SYSTEM AND EXCHANGE STORES
SYSTEM.
(a) EXISTENCE OF SYSTEMS.—Chapter 147 of title 10, United
States Code, is amended by inserting before section 2482 the fol-
lowing new section:
‘‘§ 2481. Existence of defense commissary system and
exchange stores system
‘‘(a) IN GENERAL.—The Secretary of Defense shall operate a
defense commissary system and an exchange stores system in the
manner provided by this chapter and other provisions of law.
‘‘(b) SEPARATE SYSTEMS.—(1) Except as provided in paragraph
(2), the defense commissary system and the exchange stores system
shall be operated as separate systems of the Department of Defense.
‘‘(2) This subsection does not apply to the following:
‘‘(A) Combined exchange and commissary stores operated
under the authority provided by section 2490a of this title.
‘‘(B) NEXMART stores of the Navy Exchange Service Com-
mand established before October 1, 2003.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting before the item
relating to section 2482 the following new item:
‘‘2481. Existence of defense commissary system and exchange stores system.’’.
SEC. 653. LIMITATIONS ON PRIVATE OPERATION OF DEFENSE COM-
MISSARY STORE FUNCTIONS.
Section 2482(a) of title 10, United States Code, is amended—
(1) by striking the first and second sentences and inserting
the following: ‘‘(1) Under such regulations as the Secretary
of Defense may approve, private persons may operate selected
commissary store functions, except that such functions may
not include functions relating to the procurement of products
to be sold in a commissary store or functions relating to the
overall management of a commissary system or the manage-
ment of a commissary store.’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Any change to private operation of a commissary store
function that is being performed by more than 10 Department
of Defense civilian employees shall not take effect until the end
H. R. 1588—132
of the 75-day period beginning on the date on which the Secretary
of Defense submits to Congress written notice of the change.’’.
SEC. 654. USE OF APPROPRIATED FUNDS TO OPERATE DEFENSE COM-
MISSARY SYSTEM.
(a) REQUIREMENT THAT COMMISSARY OPERATING EXPENSES BE
PAID FROM APPROPRIATED FUNDS.—Section 2484 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) in subsection (b), by striking ‘‘may’’ in the first sentence
and inserting ‘‘shall’’.
(b) SUPPLEMENTAL FUNDS FOR COMMISSARY OPERATIONS.—Such
section is further amended by adding at the end the following
new subsection:
‘‘(c) SUPPLEMENTAL FUNDS
FOR COMMISSARY OPERATIONS.—
Amounts appropriated to cover the expenses of operating the
Defense Commissary Agency and the defense commissary system
may be supplemented with additional funds from manufacturers’
coupon redemption fees, handling fees for tobacco products, and
other amounts received as reimbursement for other support activi-
ties provided by commissary activities.’’.
SEC. 655. RECOVERY OF NONAPPROPRIATED FUND INSTRUMENTALITY
AND COMMISSARY STORE INVESTMENTS IN REAL PROP-
ERTY 
AT 
MILITARY 
INSTALLATIONS 
CLOSED 
OR
REALIGNED.
(a) 1988 LAW.—Section 204(b)(7)(C) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note) is amended—
(1) in the second sentence of clause (i), by striking ‘‘The
Secretary may use amounts in the account (in such an aggre-
gate amount as is provided in advance in appropriation Acts)’’
and inserting ‘‘Subject to the limitation in clause (iii), amounts
in the reserve account are hereby made available to the Sec-
retary, without appropriation and until expended,’’;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new clause
(iii):
‘‘(iii) The aggregate amount obligated from the reserve account
established under clause (i) may not exceed the following:
‘‘(I) In fiscal year 2004, $31,000,000.
‘‘(II) In fiscal year 2005, $24,000,000.
‘‘(III) In fiscal year 2006, $15,000,000.’’.
(b) 1990 LAW.—Section 2906(d)(3) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) is amended by striking ‘‘The Sec-
retary may use amounts in the account (in such an aggregate
amount as is provided in advance in appropriation Acts)’’ and
inserting 
‘‘Subject 
to 
the 
limitation 
contained 
in 
section
204(b)(7)(C)(iii) of the Defense Authorization Amendments and Base
Closure and Realignment Act, amounts in the reserve account are
hereby made available to the Secretary, without appropriation and
until expended,’’.
H. R. 1588—133
Subtitle F—Other Matters
SEC. 661. COMPTROLLER GENERAL REPORT ON ADEQUACY OF SPE-
CIAL 
PAYS 
AND 
ALLOWANCES 
FOR 
FREQUENTLY
DEPLOYED MEMBERS.
Not later than April 1, 2004, the Comptroller General shall
submit to Congress a report regarding the adequacy of special
pays and allowances for members of the Armed Forces who are
frequently deployed away from their permanent duty stations for
periods of less than 30 days. The report shall include an assessment
of the eligibility requirements for the family separation allowance
under section 427 of title 37, United States Code, including those
relating to required duration of absences from the permanent duty
station.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Enhanced Benefits for Reserves
Sec. 701. Medical and dental screening for Ready Reserve members alerted for mo-
bilization.
Sec. 702. Coverage for Ready Reserve members under TRICARE program.
Sec. 703. Earlier eligibility date for TRICARE benefits for members of reserve com-
ponents.
Sec. 704. Temporary extension of transitional health care benefits.
Sec. 705. Assessment of needs of Reserves for health care benefits.
Sec. 706. Limitation on fiscal year 2004 outlays for temporary Reserve health care
programs.
Sec. 707. TRICARE beneficiary counseling and assistance coordinators for reserve
component beneficiaries.
Sec. 708. Eligibility of Reserve officers for health care pending orders to active duty
following commissioning.
Subtitle B—Other Benefits Improvements
Sec. 711. Acceleration of implementation of chiropractic health care for members on
active duty.
Sec. 712. Reimbursement of covered beneficiaries for certain travel expenses relat-
ing to specialized dental care.
Sec. 713. Eligibility for continued health benefits coverage extended to certain
members of uniformed services.
Sec. 714. Authority for designated providers to enroll covered beneficiaries with
other primary health insurance coverage.
Subtitle C—Planning, Programming, and Management
Sec. 721. Permanent extension of authority to enter into personal services contracts
for the performance of health care responsibilities at locations other
than military medical treatment facilities.
Sec. 722. Department of Defense Medicare-Eligible Retiree Health Care Fund valu-
ations and contributions.
Sec. 723. Surveys on continued viability of TRICARE Standard.
Sec. 724. Plan for providing health coverage information to members, former mem-
bers, and dependents eligible for certain health benefits.
Sec. 725. Transfer of certain members of the Pharmacy and Therapeutics Com-
mittee to the Uniform Formulary Beneficiary Advisory Panel under the
pharmacy benefits program.
Sec. 726.
Working group on military health care for persons reliant on health care
facilities at military installations to be closed or realigned.
Sec. 727. Joint program for development and evaluation of integrated healing care
practices for members of the Armed Forces and veterans.
H. R. 1588—134
Subtitle A—Enhanced Benefits for
Reserves
SEC. 701. MEDICAL AND DENTAL SCREENING FOR READY RESERVE
MEMBERS ALERTED FOR MOBILIZATION.
Subsection (f) of section 1074a of title 10, United States Code,
as amended by section 1114 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004, is amended to read as follows:
‘‘(f)(1) At any time after the Secretary concerned notifies mem-
bers of the Ready Reserve that the members are to be called
or ordered to active duty for a period of more than 30 days, the
administering Secretaries may provide to each such member any
medical and dental screening and care that is necessary to ensure
that the member meets the applicable medical and dental standards
for deployment.
‘‘(2) The notification to members of the Ready Reserve described
in paragraph (1) shall include notice that the members are eligible
for screening and care under this section.
‘‘(3) A member provided medical or dental screening or care
under paragraph (1) may not be charged for the screening or care.’’.
SEC. 702. COVERAGE FOR READY RESERVE MEMBERS UNDER TRICARE
PROGRAM.
Section 1076b of title 10, United States Code, as added by
section 1115 of the Emergency Supplemental Appropriations Act
for Defense and for the Reconstruction of Iraq and Afghanistan,
2004, is amended to read as follows:
‘‘§ 1076b. TRICARE program: coverage for members of the
Ready Reserve
‘‘(a) ELIGIBILITY.—Each member of the Selected Reserve of the
Ready Reserve and each member of the Individual Ready Reserve
described in section 10144(b) of this title is eligible, subject to
subsection (h), to enroll in TRICARE and receive benefits under
such enrollment for any period that the member—
‘‘(1) is an eligible unemployment compensation recipient;
or
‘‘(2) is not eligible for health care benefits under an
employer-sponsored health benefits plan.
‘‘(b) TYPES OF COVERAGE.—(1) A member eligible under sub-
section (a) may enroll for either of the following types of coverage:
‘‘(A) Self alone coverage.
‘‘(B) Self and family coverage.
‘‘(2) An enrollment by a member for self and family covers
the member and the dependents of the member who are described
in subparagraph (A), (D), or (I) of section 1072(2) of this title.
‘‘(c) OPEN ENROLLMENT PERIODS.—The Secretary of Defense
shall provide for at least one open enrollment period each year.
During an open enrollment period, a member eligible under sub-
section (a) may enroll in the TRICARE program or change or
terminate an enrollment in the TRICARE program.
‘‘(d) SCOPE OF CARE.—(1) A member and the dependents of
a member enrolled in the TRICARE program under this section
shall be entitled to the same benefits under this chapter as a
H. R. 1588—135
member of the uniformed services on active duty or a dependent
of such a member, respectively.
‘‘(2) Section 1074(c) of this title shall apply with respect to
a member enrolled in the TRICARE program under this section.
‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall charge pre-
miums for coverage pursuant to enrollments under this section.
The Secretary shall prescribe for each of the TRICARE program
options a premium for self alone coverage and a premium for
self and family coverage.
‘‘(2) The monthly amount of the premium in effect for a month
for a type of coverage under this section shall be the amount
equal to 28 percent of the total amount determined by the Secretary
on an appropriate actuarial basis as being reasonable for the cov-
erage.
‘‘(3) The premiums payable by a member under this subsection
may be deducted and withheld from basic pay payable to the
member under section 204 of title 37 or from compensation payable
to the member under section 206 of such title. The Secretary shall
prescribe the requirements and procedures applicable to the pay-
ment of premiums by members not entitled to such basic pay
or compensation.
‘‘(4) Amounts collected as premiums under this subsection shall
be credited to the appropriation available for the Defense Health
Program Account under section 1100 of this title, shall be merged
with sums in such Account that are available for the fiscal year
in which collected, and shall be available under subparagraph (B)
of such section for such fiscal year.
‘‘(f) OTHER CHARGES.—A person who receives health care pursu-
ant to an enrollment in a TRICARE program option under this
section, including a member who receives such health care, shall
be subject to the same deductibles, copayments, and other nonpre-
mium charges for health care as apply under this chapter for
health care provided under the same TRICARE program option
to dependents described in subparagraph (A), (D), or (I) of section
1072(2) of this title.
‘‘(g) TERMINATION
OF ENROLLMENT.—(1) A member enrolled
in the TRICARE program under this section may terminate the
enrollment only during an open enrollment period provided under
subsection (c), except as provided in subsection (h).
‘‘(2) An enrollment of a member for self alone or for self and
family under this section shall terminate on the first day of the
first month beginning after the date on which the member ceases
to be eligible under subsection (a).
‘‘(3) The enrollment of a member under this section may be
terminated on the basis of failure to pay the premium charged
the member under this section.
‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON
SEPARATION FROM ACTIVE DUTY.—(1) A member may not enroll
in the TRICARE program under this section while entitled to transi-
tional health care under subsection (a) of section 1145 of this
title or while authorized to receive health care under subsection
(c) of such section.
‘‘(2) A member who enrolls in the TRICARE program under
this section within 90 days after the date of the termination of
the member’s entitlement or eligibility to receive health care under
subsection (a) or (c) of section 1145 of this title may terminate
H. R. 1588—136
the enrollment at any time within one year after the date of
the enrollment.
‘‘(i) CERTIFICATION OF NONCOVERAGE BY OTHER HEALTH BENE-
FITS PLAN.—The Secretary of Defense may require a member to
submit any certification that the Secretary considers appropriate
to substantiate the member’s assertion that the member is not
covered for health care benefits under any other health benefits
plan.
‘‘(j) 
ELIGIBLE
UNEMPLOYMENT
COMPENSATION
RECIPIENT
DEFINED.—In this section, the term ‘eligible unemployment com-
pensation recipient’ means, with respect to any month, any indi-
vidual who is determined eligible for any day of such month for
unemployment compensation under State law (as defined in section
205(9) of the Federal-State Extended Unemployment Compensation
Act of 1970), including Federal unemployment compensation laws
administered through the State.
‘‘(k) REGULATIONS.—The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations
for the administration of this section.
‘‘(l) TERMINATION OF AUTHORITY.—An enrollment in TRICARE
under this section may not continue after December 31, 2004.’’.
SEC. 703. EARLIER ELIGIBILITY DATE FOR TRICARE BENEFITS FOR
MEMBERS OF RESERVE COMPONENTS.
Subsection (d) of section 1074 of title 10, United States Code,
as added by section 1116 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004, is amended to read as follows:
‘‘(d)(1) For the purposes of this chapter, a member of a reserve
component of the armed forces who is issued a delayed-effective-
date active-duty order, or is covered by such an order, shall be
treated as being on active duty for a period of more than 30
days beginning on the later of the date that is—
‘‘(A) the date of the issuance of such order; or
‘‘(B) 90 days before the date on which the period of active
duty is to commence under such order for that member.
‘‘(2) In this subsection, the term ‘delayed-effective-date active-
duty order’ means an order to active duty for a period of more
than 30 days in support of a contingency operation under a provision
of law referred to in section 101(a)(13)(B) of this title that provides
for active-duty service to begin under such order on a date after
the date of the issuance of the order.
‘‘(3) This subsection shall cease to be effective on December
31, 2004.’’.
SEC. 704. TEMPORARY EXTENSION OF TRANSITIONAL HEALTH CARE
BENEFITS.
(a) EXTENSION.—Subject to subsection (b), and notwithstanding
section 1117 of the Emergency Supplemental Appropriations Act
for Defense and for the Reconstruction of Iraq and Afghanistan,
2004, during the period beginning on the date of the enactment
of this Act and ending on December 31, 2004, section 1145(a)
of title 10, United States Code, shall be administered by substituting
for paragraph (3) the following:
‘‘(3) Transitional health care for a member under subsection
(a) shall be available for 180 days beginning on the date on
which the member is separated from active duty.’’.
H. R. 1588—137
(b) EFFECTIVE DATE.—(1) Subsection (a) shall apply with
respect to separations from active duty that take effect on or after
the date of the enactment of this Act.
(2) Beginning on January 1, 2005, the period for which a
member is provided transitional health care benefits under section
1145(a) of title 10, United States Code, shall be adjusted as nec-
essary to comply with the limits provided under paragraph (3)
of such section.
SEC. 705. ASSESSMENT OF NEEDS OF RESERVES FOR HEALTH CARE
BENEFITS.
(a) GAO EVALUATION OF NEEDS OF RESERVE COMPONENTS FOR
HEALTH CARE BENEFITS.—The Comptroller General shall evaluate
the needs of members of the reserve components of the Armed
Forces and their families for obtaining and maintaining coverage
for health care benefits under health care benefits plans and pro-
grams.
(b) SPECIAL CONCERN.—In conducting the evaluation under this
section, the Comptroller General shall give special consideration
to the implications of the increased use of the reserve components
for carrying out and supporting operations of the Armed Forces
that has been experienced since the 1980s and is anticipated to
continue, particularly the increased frequency and magnitude of
the mobilization of Reserves and the increased length of the periods
of active duty of Reserves when mobilized.
(c) MATTERS COVERED.—The evaluation under this section shall
include the following matters:
(1) An examination of the extent to which Reserves and
the members of their families are covered by health care bene-
fits plans when the Reserves are not on active duty, including—
(A) the sources of the coverage;
(B) the scope of the benefits; and
(C) the extent to which the Reserves and the members
of their families use the benefits available.
(2) An identification of options for providing health care
benefits to Reserves and the members of their families not
covered by health care benefits plans without creating an incen-
tive for other Reserves to terminate coverage by such plans.
(3) A review of Department of Defense initiatives during
fiscal years 2003 and 2004 to address the problems of access
of mobilized Reserves and their families to health care and
health care benefits, including—
(A) a determination of the effectiveness of such initia-
tives; and
(B) a determination of the extent to which the problems
continue.
(4) An identification of options for continuing, after a
Reserve is mobilized, any coverage of the Reserve and the
Reserve’s family that exists under a health benefits plan before
the Reserve is mobilized.
(5) An assessment of the effects of—
(A) the provisions of this title that authorize or require
the Department of Defense to provide assistance specifically
to Reserves to facilitate the access to and use of TRICARE
benefits by Reserves or members of their families; and
(B) the provisions of this title that provide eligibility
for health care under chapter 55 of title 10, United States