H. R. 4546—81
manual for courts-martial to recommend to the States for use
with respect to the National Guard not in Federal service. Both
such models shall be consistent with the recommendations con-
tained in the report that was issued in 1998 by the Department
of Defense Panel to Study Military Justice in the National Guard
not in Federal Service.
(2) The Secretary shall ensure that adequate support for the
preparation of the model State code of military justice and the
model State manual for courts-martial (including the detailing of
attorneys and other personnel) is provided by the General Counsel
of the Department of Defense, the Secretary of the Army, the
Secretary of the Air Force, and the Chief of the National Guard
Bureau.
(3) If the funds available to the Chief of the National Guard
Bureau are insufficient for paying the cost of the National Guard
Bureau support required under paragraph (2) (including increased
costs of pay of members of the National Guard for additional active
duty necessitated by such requirement and increased cost of detailed
attorneys and other staff, allowances, and travel expenses related
to such support), the Secretary shall, upon request made by the
Chief of the Bureau, provide such additional funding as the Sec-
retary determines necessary to satisfy the requirement for such
support.
(4) Not later than one year after the date of the enactment
of this Act, the Secretary shall submit a report on the actions
taken to carry out this subsection to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives. The report shall include proposals
in final form of both the model State code of military justice and
the model State manual for courts-martial required by paragraph
(1), together with a discussion of the efforts being made to present
those proposals to the States for their consideration for enactment
or adoption, respectively.
(5) In this subsection, the term ‘‘State’’ includes the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
and Guam.
SEC. 513. FISCAL YEAR 2003 FUNDING FOR MILITARY PERSONNEL
COSTS OF RESERVE COMPONENT SPECIAL OPERATIONS
FORCES 
PERSONNEL 
ENGAGED 
IN 
HUMANITARIAN
ASSISTANCE ACTIVITIES RELATING TO CLEARING OF
LANDMINES.
(a) USE
OF
RESERVE
COMPONENT
MILITARY
PERSONNEL
FUNDS.—Fiscal year 2003 reserve component military personnel
funds may be used for military personnel expenses of reserve compo-
nent Special Operations forces that are incurred during fiscal year
2003 in connection with landmine clearance assistance, notwith-
standing section 401(c)(1) of title 10, United States Code.
(b) REIMBURSEMENT REQUIREMENT.—Fiscal year 2003 reserve
component military personnel funds shall be reimbursed from fiscal
year 2003 landmine clearance assistance funds for all military
personnel expenses of reserve component Special Operations forces
that are incurred during fiscal year 2003 in connection with land-
mine clearance assistance. Such reimbursement shall be made in
each instance to the reserve component military personnel account
that incurred the expense.
H. R. 4546—82
(c) LIMITATION.—The amount of reserve component military
personnel expenses incurred during fiscal year 2003 for landmine
clearance assistance may not exceed 10 percent of the amount
of fiscal year 2003 landmine clearance assistance funds.
(d) DEFINITIONS.—For purposes of this section:
(1) LANDMINE CLEARANCE ASSISTANCE.—The term ‘‘land-
mine clearance assistance’’ means humanitarian and civic
assistance provided under section 401 of title 10, United States
Code, that is described in subsection (e)(5) of that section.
(2) FISCAL
YEAR
2003
LANDMINE
CLEARANCE
ASSISTANCE
FUNDS.—The term ‘‘fiscal year 2003 landmine clearance assist-
ance funds’’ means the total amount appropriated for fiscal
year 2003 in operations and maintenance accounts of the
Department of Defense that is provided for landmine clearance
assistance.
(3) FISCAL YEAR 2003 RESERVE COMPONENT MILITARY PER-
SONNEL FUNDS.—The term ‘‘fiscal year 2003 reserve component
military personnel funds’’ means amounts appropriated for
fiscal year 2003 for military personnel expenses of a reserve
component of the Department of Defense.
(4) MILITARY PERSONNEL EXPENSES.—The term ‘‘military
personnel expenses’’ means expenses properly chargeable to
a military personnel account of the Department of Defense.
(e) LEGISLATIVE PROPOSAL.—The Secretary of Defense shall
submit to Congress, as part of the budget request of the Department
of Defense for fiscal year 2004, a legislative proposal that would
ensure that military personnel expenses for both active and reserve
component military personnel providing landmine clearance assist-
ance are specified in detail and are budgeted to be authorized
and appropriated from the appropriate military personnel accounts.
SEC. 514. USE OF RESERVES TO PERFORM DUTIES RELATING TO
DEFENSE AGAINST TERRORISM.
(a) USE
OF RESERVES TO PERFORM DUTIES RELATING
TO
DEFENSE AGAINST TERRORISM.—Section 12304(b) of title 10, United
States Code, is amended by striking ‘‘involving’’ and all that follows
and inserting ‘‘involving—
‘‘(1) a use or threatened use of a weapon of mass destruc-
tion; or
‘‘(2) a terrorist attack or threatened terrorist attack in
the United States that results, or could result, in catastrophic
loss of life or property.’’.
(b) CONFORMING AMENDMENT RELATING TO FULL-TIME SUPPORT
OF GUARD AND RESERVE PERSONNEL.—Section 12310(c)(1) of such
title is amended by striking ‘‘involving’’ and all that follows and
inserting ‘‘involving—
‘‘(A) the use of a weapon of mass destruction (as defined
in section 12304(i)(2) of this title); or
‘‘(B) a terrorist attack or threatened terrorist attack in
the United States that results, or could result, in catastrophic
loss of life or property.’’.
SEC. 515. REPEAL OF PROHIBITION ON USE OF AIR FORCE RESERVE
AGR PERSONNEL FOR AIR FORCE BASE SECURITY FUNC-
TIONS.
(a) REPEAL.—Section 12551 of title 10, United States Code,
is repealed.
H. R. 4546—83
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1215 of such title is amended by striking the
item relating to section 12551.
Subtitle C—Reserve Component Officer
Personnel Policy
SEC. 521. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION TO
GRADE OF MAJOR GENERAL FOR CERTAIN RESERVE
COMPONENT 
BRIGADIER 
GENERALS 
WHO 
DO 
NOT
OTHERWISE QUALIFY FOR CONSIDERATION FOR PRO-
MOTION UNDER THE ONE-YEAR RULE.
Section 14301(g) of title 10, United States Code, is amended
to read as follows:
‘‘(g) BRIGADIER GENERALS.—(1) An officer who is a reserve
component brigadier general of the Army or the Air Force who
is not eligible for consideration for promotion under subsection
(a) because the officer is not on the reserve active status list
(as required by paragraph (1) of that subsection for such eligibility)
is nevertheless eligible for consideration for promotion to the grade
of major general by a promotion board convened under section
14101(a) of this title if—
‘‘(A) as of the date of the convening of the promotion
board, the officer has been in an inactive status for less than
one year; and
‘‘(B) immediately before the date of the officer’s most recent
transfer to an inactive status, the officer had continuously
served on the reserve active status list or the active-duty list
(or a combination of the reserve active status list and the
active-duty list) for at least one year.
‘‘(2) An officer who is a reserve component brigadier general
of the Army or the Air Force who is on the reserve active status
list but who is not eligible for consideration for promotion under
subsection (a) because the officer’s service does not meet the one-
year-of-continuous-service requirement under paragraph (2) of that
subsection is nevertheless eligible for consideration for promotion
to the grade of major general by a promotion board convened
under section 14101(a) of this title if—
‘‘(A) the officer was transferred from an inactive status
to the reserve active status list during the one-year period
preceding the date of the convening of the promotion board;
‘‘(B) immediately before the date of the officer’s most recent
transfer to an active status, the officer had been in an inactive
status for less than one year; and
‘‘(C) immediately before the date of the officer’s most recent
transfer to an inactive status, the officer had continuously
served for at least one year on the reserve active status list
or the active-duty list (or a combination of the reserve active
status list and the active-duty list).’’.
SEC. 
522. 
AUTHORITY 
FOR 
LIMITED 
EXTENSION 
OF 
MEDICAL
DEFERMENT OF MANDATORY RETIREMENT OR SEPARA-
TION OF RESERVE COMPONENT OFFICERS.
(a) AUTHORITY.—Chapter 1407 of title 10, United States Code,
is amended by adding at the end the following new section:
H. R. 4546—84
‘‘§ 14519. Deferment of retirement or separation for medical
reasons
‘‘(a) AUTHORITY.—If, in the case of an officer required to be
retired or separated under this chapter or chapter 1409 of this
title, the Secretary concerned determines that the evaluation of
the physical condition of the officer and determination of the officer’s
entitlement to retirement or separation for physical disability
require hospitalization or medical observation and that such hos-
pitalization or medical observation cannot be completed with con-
fidence in a manner consistent with the officer’s well being before
the date on which the officer would otherwise be required to retire
or be separated, the Secretary may defer the retirement or separa-
tion of the officer.
‘‘(b) PERIOD OF DEFERMENT.—A deferral of retirement or separa-
tion under subsection (a) may not extend for more than 30 days
after the completion of the evaluation requiring hospitalization
or medical observation.’’.
(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:
‘‘14519. Deferment of retirement or separation for medical reasons.’’.
Subtitle D—Enlistment, Education, and
Training Programs
SEC. 531. ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO
FACILITATE NATIONAL SERVICE.
(a) AUTHORITY.—(1) Chapter 31 of title 10, United States Code,
is amended by inserting after section 509 the following new section:
‘‘§ 510. Enlistment incentives for pursuit of skills to facilitate
national service
‘‘(a) ENLISTMENT
INCENTIVE
PROGRAM.—The Secretary of
Defense shall carry out an enlistment incentive program in accord-
ance with this section under which a person who is a National
Call to Service participant shall be entitled to one of the incentives
specified in subsection (e). The program shall be carried out during
the period ending on December 31, 2007, and may be carried
out after that date.
‘‘(b) NATIONAL CALL TO SERVICE PARTICIPANT.—In this section,
the term ‘National Call to Service participant’ means a person
who has not previously served in the armed forces who enters
into an original enlistment pursuant to a written agreement with
the Secretary of a military department (in such form and manner
as may be prescribed by that Secretary) under which the person
agrees to perform a period of national service as specified in sub-
section (c).
‘‘(c) NATIONAL SERVICE.—The total period of national service
to which a National Call to Service participant is obligated under
the agreement under this section shall be specified in the agree-
ment. Under the agreement, the participant shall—
‘‘(1) upon completion of initial entry training (as prescribed
by the Secretary of Defense), serve on active duty in a military
occupational specialty designated by the Secretary of Defense
under subsection (d) for a period of 15 months;
H. R. 4546—85
‘‘(2) upon completion of the period of active duty specified
in paragraph (1) and without a break in service, serve either
(A) an additional period of active duty as determined by the
Secretary of Defense, or (B) a period of 24 months in an active
status in the Selected Reserve; and
‘‘(3) upon completion of the period of service specified in
paragraph (2), and without a break in service, serve the
remaining period of obligated service specified in the
agreement—
‘‘(A) on active duty in the armed forces;
‘‘(B) in the Selected Reserve;
‘‘(C) in the Individual Ready Reserve;
‘‘(D) in the Peace Corps, Americorps, or another
national service program jointly designated by the Sec-
retary of Defense and the head of such program for pur-
poses of this section; or
‘‘(E) in any combination of service referred to in sub-
paragraphs (A) through (D) that is approved by the Sec-
retary of the military department concerned pursuant to
regulations prescribed by the Secretary of Defense and
specified in the agreement.
‘‘(d) DESIGNATED MILITARY OCCUPATIONAL SPECIALTIES.—The
Secretary of Defense shall designate military occupational special-
ties for purposes of subsection (c)(1). Such military occupational
specialties shall be military occupational specialties that, as deter-
mined by the Secretary, will facilitate pursuit of national service
by National Call to Service participants.
‘‘(e) INCENTIVES.—The incentives specified in this subsection
are as follows:
‘‘(1) Payment of a bonus in the amount of $5,000.
‘‘(2) Payment in an amount not to exceed $18,000 of out-
standing principal and interest on qualifying student loans
of the National Call to Service participant.
‘‘(3) Entitlement to an allowance for educational assistance
at the monthly rate equal to the monthly rate payable for
basic educational assistance allowances under section 3015(a)(1)
of title 38 for a total of 12 months.
‘‘(4) Entitlement to an allowance for educational assistance
at the monthly rate equal to 50 percent of the monthly rate
payable for basic educational assistance allowances under sec-
tion 3015(b)(1) of title 38 for a total of 36 months.
‘‘(f) ELECTION OF INCENTIVE.—A National Call to Service partici-
pant shall elect in the agreement under subsection (b) which incen-
tive under subsection (e) to receive. An election under this sub-
section is irrevocable.
‘‘(g) PAYMENT OF BONUS AMOUNTS.—(1) Payment to a National
Call to Service participant of the bonus elected by the National
Call to Service participant under subsection (e)(1) shall be made
in such time and manner as the Secretary of Defense shall prescribe.
‘‘(2)(A) Payment of outstanding principal and interest on the
qualifying student loans of a National Call to Service participant,
as elected under subsection (e)(2), shall be made in such time
and manner as the Secretary of Defense shall prescribe.
‘‘(B) Payment under this paragraph of the outstanding principal
and interest on the qualifying student loans of a National Call
to Service participant shall be made to the holder of such student
loans, as identified by the National Call to Service participant
H. R. 4546—86
to the Secretary of the military department concerned for purposes
of such payment.
‘‘(3) Payment of a bonus or incentive in accordance with this
subsection shall be made by the Secretary of the military depart-
ment concerned.
‘‘(h) COORDINATION WITH MONTGOMERY GI BILL BENEFITS.—
(1)(A) Subject to subparagraph (B), a National Call to Service
participant who elects an incentive under paragraph (3) or (4)
of subsection (e) is not entitled to additional educational assistance
under chapter 1606 of this title or to basic educational assistance
under subchapter II of chapter 30 of title 38.
‘‘(B) If a National Call to Service participant meets all eligibility
requirements specified in chapter 1606 of this title or chapter
30 of title 38 for entitlement to allowances for educational assistance
under either such chapter, the participant may become eligible
for allowances for educational assistance benefits under either such
chapter up to the maximum allowance provided less the total
amount of allowance paid under paragraph (3) or (4) of subsection
(e).
‘‘(2)(A) The Secretary of Defense shall, to the maximum extent
practicable, administer the receipt by National Call to Service
participants of incentives under paragraph (3) or (4) of subsection
(e) as if such National Call to Service participants were, in receiving
such incentives, receiving educational assistance for members of
the Selected Reserve under chapter 1606 of this title.
‘‘(B) The Secretary of Defense shall, in consultation with the
Secretary of Veterans Affairs, prescribe regulations for purposes
of subparagraph (A). Such regulations shall, to the maximum extent
practicable, take into account the administrative provisions of chap-
ters 30 and 36 of title 38 that are specified in section 16136
of this title.
‘‘(3)(A) Except as provided in paragraph (1), nothing in this
section shall prohibit a National Call to Service participant who
satisfies through service under subsection (c) the eligibility require-
ments for educational assistance under chapter 1606 of this title
or basic educational assistance under chapter 30 of title 38 from
an entitlement to such educational assistance under chapter 1606
of this title or basic educational assistance under chapter 30 of
title 38, as the case may be.
‘‘(B)(i) A participant who made an election not to receive edu-
cational assistance under either such chapter at the applicable
time specified under law or who was denied the opportunity to
make an election may revoke that election or make an initial
election, as the case may be, at such time and in such manner
as the Secretary concerned may specify. A revocation or initial
election under the preceding sentence is irrevocable.
‘‘(ii) The participant making a revocation or initial election
under clause (i) shall be eligible for educational assistance under
either such chapter at such time as the participant satisfies through
service the applicable eligibility requirements under either such
chapter.
‘‘(i) REPAYMENT.—(1) If a National Call to Service participant
who has entered into an agreement under subsection (b) and
received or benefited from an incentive under subsection (e)(1)
or (e)(2) fails to complete the total period of service specified in
such agreement, the National Call to Service participant shall
refund to the United States the amount that bears the same ratio
H. R. 4546—87
to the amount of the incentive as the uncompleted part of such
service bears to the total period of such service.
‘‘(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes
a debt owed to the United States.
‘‘(3) The Secretary concerned may waive, in whole or in part,
a reimbursement required under paragraph (1) if the Secretary
concerned determines that recovery would be against equity and
good conscience or would be contrary to the best interests of the
United States.
‘‘(4) A discharge in bankruptcy under title 11 that is entered
into less than five years after the termination of an agreement
entered into under subsection (b) does not discharge the person
signing the agreement from a debt arising under the agreement
or under paragraph (1).
‘‘(j) FUNDING.—Amounts for payment of incentives under sub-
section (e), including payment of allowances for educational assist-
ance under that subsection, shall be derived from amounts available
to the Secretary of the military department concerned for payment
of pay, allowances, and other expenses of the members of the
armed force concerned.
‘‘(k) REGULATIONS.—The Secretary of Defense and the Secre-
taries of the military departments shall prescribe regulations for
purposes of the program under this section.
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘Americorps’ means the Americorps program
carried out under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
‘‘(2) The term ‘qualifying student loan’ means a loan, the
proceeds of which were used to pay any part or all of the
cost of attendance (as defined in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll) at an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
‘‘(3) The term ‘Secretary of a military department’ includes,
with respect to matters concerning the Coast Guard when
it is not operating as a service in the Navy, the Secretary
of the Department in which the Coast Guard is operating.’’.
(2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 509 the
following new item:
‘‘510. Enlistment incentives for pursuit of skills to facilitate national service.’’.
(b) COMMENCEMENT OF PROGRAM.—The Secretary of Defense
shall prescribe the date on which the program provided for section
510 of title 10, United States Code, as added by subsection (a),
shall commence. Such date shall be not later than October 1,
2003.
(c) CONFORMING REPEAL.—Section 3264 of title 10, United
States Code, is repealed. The table of sections at the beginning
of chapter 333 of such title is amended by striking the item relating
to section 3264.
(d) IMPLEMENTATION REPORT.—Not later than March 31, 2003,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the Secretary’s plans for implementation of section 510 of title
10, United States Code, as added by subsection (a).
H. R. 4546—88
(e) EFFECTIVENESS REPORTS.—Not later than March 31, 2005,
and March 31, 2007, the Secretary of Defense shall submit to
the committees specified in subsection (d) reports on the effective-
ness of the program under section 510 of title 10, United States
Code, as added by subsection (a), in attracting new recruits to
national service.
SEC. 532. AUTHORITY FOR PHASED INCREASE TO 4,400 IN AUTHORIZED
STRENGTHS FOR THE SERVICE ACADEMIES.
(a) MILITARY ACADEMY.—Section 4342 of title 10, United States
Code, is amended—
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ‘‘or such higher
number as may be prescribed by the Secretary of the Army
under subsection (j)’’; and
(2) by adding at the end the following new subsection:
‘‘(j)(1) Beginning with the 2003–2004 academic year, the Sec-
retary of the Army may prescribe annual increases in the cadet
strength limit in effect under subsection (a). For any academic
year, any such increase shall be by no more than 100 cadets
or such lesser number as applies under paragraph (3) for that
year. Such annual increases may be prescribed until the cadet
strength limit is 4,400. However, no increase may be prescribed
for any academic year after the 2007–2008 academic year.
‘‘(2) Any increase in the cadet strength limit under paragraph
(1) with respect to an academic year shall be prescribed not later
than the date on which the budget of the President is submitted
to Congress under section 1105 of title 31 for the fiscal year begin-
ning in the same year as the year in which that academic year
begins. Whenever the Secretary prescribes such an increase, the
Secretary shall submit to Congress a notice in writing of the
increase. The notice shall state the amount of the increase in
the cadet strength limit and the new cadet strength limit, as so
increased, and the amount of the increase in Senior Army Reserve
Officers’ Training Corps enrollment under each of sections 2104
and 2107 of this title.
‘‘(3) The amount of an increase under paragraph (1) in the
cadet strength limit for an academic year may not exceed the
increase (if any) for the preceding academic year in the total number
of cadets enrolled in the Army Senior Reserve Officers’ Training
Corps program under chapter 103 of this title who have entered
into an agreement under section 2104 or 2107 of this title.
‘‘(4) In this subsection, the term ‘cadet strength limit’ means
the authorized maximum strength of the Corps of Cadets of the
Academy.’’.
(b) NAVAL ACADEMY.—Section 6954 of title 10, United States
Code, is amended—
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ‘‘or such higher
number as may be prescribed by the Secretary of the Navy
under subsection (h)’’; and
(2) by adding at the end the following new subsection:
‘‘(h)(1) Beginning with the 2003–2004 academic year, the Sec-
retary of the Navy may prescribe annual increases in the mid-
shipmen strength limit in effect under subsection (a). For any
academic year, any such increase shall be by no more than 100
midshipmen or such lesser number as applies under paragraph
H. R. 4546—89
(3) for that year. Such annual increases may be prescribed until
the midshipmen strength limit is 4,400. However, no increase may
be prescribed for any academic year after the 2007–2008 academic
year.
‘‘(2) Any increase in the midshipmen strength limit under para-
graph (1) with respect to an academic year shall be prescribed
not later than the date on which the budget of the President
is submitted to Congress under section 1105 of title 31 for the
fiscal year beginning in the same year as the year in which that
academic year begins. Whenever the Secretary prescribes such an
increase, the Secretary shall submit to Congress a notice in writing
of the increase. The notice shall state the amount of the increase
in the midshipmen strength limit and the new midshipmen strength
limit, as so increased, and the amount of the increase in Senior
Navy Reserve Officers’ Training Corps enrollment under each of
sections 2104 and 2107 of this title.
‘‘(3) The amount of an increase under paragraph (1) in the
midshipmen strength limit for an academic year may not exceed
the increase (if any) for the preceding academic year in the total
number of midshipmen enrolled in the Navy Senior Reserve Officers’
Training Corps program under chapter 103 of this title who have
entered into an agreement under section 2104 or 2107 of this
title.
‘‘(4) In this subsection, the term ‘midshipmen strength limit’
means the authorized maximum strength of the Brigade of Mid-
shipmen.’’.
(c) AIR FORCE ACADEMY.—Section 9342 of title 10, United States
Code, is amended—
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ‘‘or such higher
number as may be prescribed by the Secretary of the Air
Force under subsection (j)’’; and
(2) by adding at the end the following new subsection:
‘‘(j)(1) Beginning with the 2003–2004 academic year, the Sec-
retary of the Air Force may prescribe annual increases in the
cadet strength limit in effect under subsection (a). For any academic
year, any such increase shall be by no more than 100 cadets
or such lesser number as applies under paragraph (3) for that
year. Such annual increases may be prescribed until the cadet
strength limit is 4,400. However, no increase may be prescribed
for any academic year after the 2007–2008 academic year.
‘‘(2) Any increase in the cadet strength limit under paragraph
(1) with respect to an academic year shall be prescribed not later
than the date on which the budget of the President is submitted
to Congress under sections 1105 of title 31 for the fiscal year
beginning in the same year as the year in which that academic
year begins. Whenever the Secretary prescribes such an increase,
the Secretary shall submit to Congress a notice in writing of the
increase. The notice shall state the amount of the increase in
the cadet strength limit and the new cadet strength limit, as so
increased, and the amount of the increase in Senior Air Force
Reserve Officers’ Training Corps enrollment under each of sections
2104 and 2107 of this title.
‘‘(3) The amount of an increase under paragraph (1) in the
cadet strength limit for an academic year may not exceed the
increase (if any) for the preceding academic year in the total number
of cadets enrolled in the Air Force Senior Reserve Officers’ Training
H. R. 4546—90
Corps program under chapter 103 of this title who have entered
into an agreement under section 2104 or 2107 of this title.
‘‘(4) In this subsection, the term ‘cadet strength limit’ means
the authorized maximum strength of Air Force Cadets of the
Academy.’’.
(d) TARGET FOR INCREASES IN NUMBER OF ROTC SCHOLARSHIP
PARTICIPANTS.—Section 2107 of such title is amended by adding
at the end the following new subsection:
‘‘(i) The Secretary of each military department shall seek to
achieve an increase in the number of agreements entered into
under this section so as to achieve an increase, by the 2006–
2007 academic year, of not less than 400 in the number of cadets
or midshipmen, as the case may be, enrolled under this section,
compared to such number enrolled for the 2002–2003 academic
year. In the case of the Secretary of the Navy, the Secretary
shall seek to ensure that not less than one-third of such increase
in agreements under this section are with students enrolled (or
seeking to enroll) in programs of study leading to a baccalaureate
degree in nuclear engineering or another appropriate technical,
scientific, or engineering field of study.’’.
(e) REPEAL OF LIMIT ON NUMBER OF ROTC SCHOLARSHIPS.—
Section 2107 of such title is further amended by striking the first
sentence of subsection (h)(1).
(f) REPEAL OF OBSOLETE LANGUAGE.—Section 4342(i) of such
title is amended by striking ‘‘(beginning with the 2001–2002 aca-
demic year)’’.
SEC. 
533. 
ENHANCEMENT 
OF 
RESERVE 
COMPONENT 
DELAYED
TRAINING PROGRAM.
(a) INCREASE IN TIME FOLLOWING ENLISTMENT FOR COMMENCE-
MENT OF INITIAL PERIOD OF ACTIVE DUTY FOR TRAINING.—Section
12103(d) of title 10, United States Code, is amended by striking
‘‘270 days’’ in the last sentence and inserting ‘‘one year’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to enlistments under section 12103(d)
of title 10, United States Code, after the end of the 90-day period
beginning on the date of the enactment of this Act.
(c) TRANSITION.—In the case of a person who enlisted under
section 12103(d) of title 10, United States Code, before the date
of the enactment of this Act and who as of such date has not
commenced the required initial period of active duty for training
under that section, the amendment made by subsection (a) may
be applied to that person, but only with the agreement of that
person and the Secretary concerned.
SEC. 534. REVIEW OF ARMED FORCES PROGRAMS FOR PREPARATION
FOR, PARTICIPATION IN, AND CONDUCT OF ATHLETIC
COMPETITIONS.
(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall
conduct a comprehensive review of the programs of the active
and reserve components of the Armed Forces for preparation for,
participation in, and conduct of athletic competitions.
(b) CONSIDERATION OF FUNDING.—The matters reviewed under
subsection (a) shall include the funding sources that are currently
available for the programs referred to in such subsection and any
relevant limitations on the use of such funding sources.
(c) REPORT.—Not later than March 3, 2003, the Secretary shall
submit to the Committees on Armed Services of the Senate and
H. R. 4546—91
the House of Representatives a report on the Secretary’s findings
and conclusions resulting from the review. The report shall include
the following matters:
(1) The Secretary’s views on the adequacy of the existing
funding sources for the programs referred to in subsection
(a).
(2) Any recommendations that the Secretary may have
regarding limitations on the use of such funding sources or
any inadequacies in the funding for such programs.
(3) An assessment of the issues related to, and rec-
ommendations of the Secretary for, achieving consistent funding
and policy treatment with regard to participation by active
and reserve component personnel in athletic competitions.
(4) Any recommended legislation that the Secretary con-
siders appropriate regarding such programs.
SEC. 535. REPEAL OF BAR TO ELIGIBILITY OF ARMY COLLEGE FIRST
PROGRAM PARTICIPANTS FOR BENEFITS UNDER STU-
DENT LOAN REPAYMENT PROGRAM.
Subsection (e) of section 573 of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 513
note) is repealed.
Subtitle E—Decorations and Awards
SEC. 541. WAIVER OF TIME LIMITATIONS FOR AWARD OF ARMY DISTIN-
GUISHED-SERVICE CROSS TO CERTAIN PERSONS.
(a) WAIVER.—Any limitation established by law or policy for
the time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards
of decorations described in subsection (b), the award of each such
decoration having been determined by the Secretary of the Army
to be warranted in accordance with section 1130 of title 10, United
States Code.
(b) DISTINGUISHED-SERVICE CROSS OF THE ARMY.—Subsection
(a) applies to the award of the Distinguished-Service Cross of the
Army as follows:
(1) To Henry Johnson of Albany, New York, for extraor-
dinary heroism in France during the period of May 13 to
15, 1918, while serving as a member of the Army.
(2) To Hilliard Carter of Jackson, Mississippi, for extraor-
dinary heroism in actions near Troung Loung, Republic of
Vietnam, on September 28, 1966, while serving as a member
of the Army.
(3) To Albert C. Welch of Florrisant, Colorado, for extraor-
dinary heroism in actions in Ong Thanh, Binh Long Province,
Republic of Vietnam, on October 17, 1967, while serving as
a member of the Army.
SEC. 542. OPTION TO CONVERT AWARD OF ARMED FORCES EXPEDI-
TIONARY MEDAL AWARDED FOR OPERATION FREQUENT
WIND TO VIETNAM SERVICE MEDAL.
(a) IN GENERAL.—The Secretary of the military department
concerned shall, upon the application of an individual who is an
eligible Vietnam evacuation veteran, award that individual the
Vietnam Service Medal, notwithstanding any otherwise applicable
requirements for the award of that medal. Any such award shall
H. R. 4546—92
be made in lieu of the Armed Forces Expeditionary Medal awarded
the individual for participation in Operation Frequent Wind.
(b) ELIGIBLE VIETNAM EVACUATION VETERAN.—For purposes
of this section, the term ‘‘eligible Vietnam evacuation veteran’’
means a member or former member of the Armed Forces who
was awarded the Armed Forces Expeditionary Medal for participa-
tion in military operations designated as Operation Frequent Wind
arising from the evacuation of Vietnam on April 29 and 30, 1975.
SEC. 543. KOREA DEFENSE SERVICE MEDAL.
(a) FINDINGS.—Congress makes the following findings:
(1) More than 40,000 members of the United States Armed
Forces have served in the Republic of Korea or the waters
adjacent thereto each year since the signing of the cease-fire
agreement in July 1953 ending the Korean War.
(2) An estimated 1,200 members of the United States
Armed Forces have died as a direct result of their service
in Korea since the cease-fire agreement in July 1953.
(b) ARMY.—(1) Chapter 357 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3755. Korea Defense Service Medal
‘‘(a) The Secretary of the Army shall issue a campaign medal,
to be known as the Korea Defense Service Medal, to each person
who while a member of the Army served in the Republic of Korea
or the waters adjacent thereto during the KDSM eligibility period
and met the service requirements for the award of that medal
prescribed under subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility period’ means
the period beginning on July 28, 1954, and ending on such date
after the date of the enactment of this section as may be determined
by the Secretary of Defense to be appropriate for terminating eligi-
bility for the Korea Defense Service Medal.
‘‘(c) The Secretary of the Army shall prescribe service require-
ments for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service require-
ments for award of the Armed Forces Expeditionary Medal for
instances in which the award of that medal is authorized.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘3755. Korea Defense Service Medal.’’.
(c) NAVY AND MARINE CORPS.—(1) Chapter 567 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 6257. Korea Defense Service Medal
‘‘(a) The Secretary of the Navy shall issue a campaign medal,
to be known as the Korea Defense Service Medal, to each person
who while a member of the Navy or Marine Corps served in the
Republic of Korea or the waters adjacent thereto during the KDSM
eligibility period and met the service requirements for the award
of that medal prescribed under subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility period’ means
the period beginning on July 28, 1954, and ending on such date
after the date of the enactment of this section as may be determined
H. R. 4546—93
by the Secretary of Defense to be appropriate for terminating eligi-
bility for the Korea Defense Service Medal.
‘‘(c) The Secretary of the Navy shall prescribe service require-
ments for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service require-
ments for award of the Armed Forces Expeditionary Medal for
instances in which the award of that medal is authorized.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘6257. Korea Defense Service Medal.’’.
(d) AIR FORCE.—(1) Chapter 857 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 8755. Korea Defense Service Medal
‘‘(a) The Secretary of the Air Force shall issue a campaign
medal, to be known as the Korea Defense Service Medal, to each
person who while a member of the Air Force served in the Republic
of Korea or the waters adjacent thereto during the KDSM eligibility
period and met the service requirements for the award of that
medal prescribed under subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility period’ means
the period beginning on July 28, 1954, and ending on such date
after the date of the enactment of this section as may be determined
by the Secretary of Defense to be appropriate for terminating eligi-
bility for the Korea Defense Service Medal.
‘‘(c) The Secretary of the Air Force shall prescribe service
requirements for eligibility for the Korea Defense Service Medal.
Those requirements shall not be more stringent than the service
requirements for award of the Armed Forces Expeditionary Medal
for instances in which the award of that medal is authorized.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘8755. Korea Defense Service Medal.’’.
(e) AWARD FOR SERVICE BEFORE DATE OF ENACTMENT.—The
Secretary of the military department concerned shall take appro-
priate steps to provide in a timely manner for the issuance of
the Korea Defense Service Medal, upon application therefor, to
persons whose eligibility for that medal is by reason of service
in the Republic of Korea or the waters adjacent thereto before
the date of the enactment of this Act.
SEC. 544. COMMENDATION OF MILITARY CHAPLAINS.
(a) FINDINGS.—Congress finds the following:
(1) Military chaplains have served with those who fought
for the cause of freedom since the founding of the Nation.
(2) Military chaplains and religious support personnel of
the Armed Forces have served with distinction as uniformed
members of the Armed Forces in support of the Nation’s defense
missions during every conflict in the history of the United
States.
(3) 400 United States military chaplains have died in com-
bat, some as a result of direct fire while ministering to fallen
Americans, while others made the ultimate sacrifice as a pris-
oner of war.
H. R. 4546—94
(4) Military chaplains currently serve in humanitarian
operations, rotational deployments, and in the war on terrorism.
(5) Religious organizations make up the very fabric of reli-
gious diversity and represent unparalleled levels of freedom
of conscience, speech, and worship that set the United States
apart from any other nation on Earth.
(6) Religious organizations have richly blessed the uni-
formed services by sending clergy to comfort and encourage
all persons of faith in the Armed Forces.
(7) During the sinking of the USS Dorchester in February
1943 during World War II, four chaplains (Reverend Fox, Rev-
erend Poling, Father Washington, and Rabbi Goode) gave their
lives so that others might live.
(8) All military chaplains aid and assist members of the
Armed Forces and their family members with the challenging
issues of today’s world.
(9) The current war against terrorism has brought to the
shores of the United States new threats and concerns that
strike at the beliefs and emotions of Americans.
(10) Military chaplains must, as never before, deal with
the spiritual well-being of the members of the Armed Forces
and their families.
(b) COMMENDATION.—Congress, on behalf of the Nation,
expresses its appreciation for the outstanding contribution that
all military chaplains make to the members of the Armed Forces
and their families.
(c) PRESIDENTIAL PROCLAMATION.—The President is authorized
and requested to issue a proclamation calling on the people of
the United States to recognize the distinguished service of the
Nation’s military chaplains.
Subtitle F—Administrative Matters
SEC. 551. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/
MISSING PERSONNEL OFFICE.
(a) REQUIREMENT
FOR STAFFING
AND FUNDING AT LEVELS
REQUIRED FOR PERFORMANCE OF FULL RANGE OF MISSIONS.—Sub-
section (a) of section 1501 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(5)(A) The Secretary of Defense shall ensure that the office
is provided sufficient military and civilian personnel, and sufficient
funding, to enable the office to fully perform the complete range
of missions of the office. The Secretary shall ensure that Depart-
ment of Defense programming, planning, and budgeting procedures
are structured so as to ensure compliance with the preceding sen-
tence for each fiscal year.
‘‘(B) For any fiscal year, the number of military and civilian
personnel assigned or detailed to the office may not be less than
the number requested in the President’s budget for fiscal year
2003, unless a level below such number is expressly required by
law.
‘‘(C) For any fiscal year, the level of funding allocated to the
office within the Department of Defense may not be below the
level requested for such purposes in the President’s budget for
fiscal year 2003, unless such a level of funding is expressly required
by law.’’.
H. R. 4546—95
(b) NAME OF OFFICE.—Such subsection is further amended by
inserting after the first sentence of paragraph (1) the following
new sentence: ‘‘Such office shall be known as the Defense Prisoner
of War/Missing Personnel Office.’’.
SEC. 552. THREE-YEAR FREEZE ON REDUCTIONS OF PERSONNEL OF
AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION
OF MILITARY RECORDS.
(a) IN GENERAL.—Chapter 79 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1559. Personnel limitation
‘‘(a) LIMITATION.—During fiscal years 2003, 2004, and 2005,
the Secretary of a military department may not carry out any
reduction in the number of military and civilian personnel assigned
to duty with the service review agency for that military department
below the baseline number for that agency until—
‘‘(1) the Secretary submits to Congress a report that—
‘‘(A) describes the reduction proposed to be made;
‘‘(B) provides the Secretary’s rationale for that reduc-
tion; and
‘‘(C) specifies the number of such personnel that would
be assigned to duty with that agency after the reduction;
and
‘‘(2) a period of 90 days has elapsed after the date on
which the report is submitted.
‘‘(b) BASELINE NUMBER.—The baseline number for a service
review agency under this section is—
‘‘(1) for purposes of the first report with respect to a service
review agency under this section, the number of military and
civilian personnel assigned to duty with that agency as of
January 1, 2002; and
‘‘(2) for purposes of any subsequent report with respect
to a service review agency under this section, the number
of such personnel specified in the most recent report with
respect to that agency under this section.
‘‘(c) SERVICE REVIEW AGENCY DEFINED.—In this section, the
term ‘service review agency’ means—
‘‘(1) with respect to the Department of the Army, the Army
Review Boards Agency;
‘‘(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
‘‘(3) with respect to the Department of the Air Force, the
Air Force Review Boards Agency.’’.
(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:
‘‘1559. Personnel limitation.’’.
SEC. 553. AUTHORITY FOR ACCEPTANCE OF VOLUNTARY SERVICES
OF INDIVIDUALS AS PROCTORS FOR ADMINISTRATION
OF ARMED SERVICES VOCATIONAL APTITUDE BATTERY
TEST.
Section 1588(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
H. R. 4546—97
and ethnic groups. Both such surveys shall be conducted so as
to solicit information on the following:
‘‘(1) Indicators of positive and negative trends for profes-
sional and personal relationships among members of all racial
and ethnic groups.
‘‘(2) The effectiveness of Department of Defense policies
designed to improve relationships among all racial and ethnic
groups.
‘‘(3) The effectiveness of current processes for complaints
on and investigations into racial and ethnic discrimination.
‘‘(c) ARMED FORCES WORKPLACE AND GENDER RELATIONS SUR-
VEYS.—The Armed Forces Workplace and Gender Relations Surveys
shall be conducted so as to solicit information on gender issues,
including issues relating to gender-based harassment and discrimi-
nation, and the climate in the armed forces for forming professional
relationships between male and female members of the armed
forces. Both such surveys shall be conducted so as to solicit informa-
tion on the following:
‘‘(1) Indicators of positive and negative trends for profes-
sional and personal relationships between male and female
members of the armed forces.
‘‘(2) The effectiveness of Department of Defense policies
designed to improve professional relationships between male
and female members of the armed forces.
‘‘(3) The effectiveness of current processes for complaints
on and investigations into gender-based discrimination.
‘‘(d) SURVEYS TO BE CONDUCTED IN DIFFERENT YEARS.—Each
of the four quadrennial surveys conducted under this section shall
be conducted in a different year from any other survey conducted
under this section, so that one such survey is conducted during
each year.
‘‘(e) REPORTS TO CONGRESS.—Upon the completion of a survey
under this section, the Secretary shall submit to Congress a report
containing the results of the survey.
‘‘(f) INAPPLICABILITY TO COAST GUARD.—This section does not
apply to the Coast Guard.’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 23 of such title is amended to read
as follows:
‘‘481. Racial and ethnic issues; gender issues: surveys.’’.
(b) EFFECTIVE DATE.—The first survey under section 481 of
title 10, United States Code, as amended by subsection (a)(1),
shall be carried out during 2003.
SEC. 562. ANNUAL REPORT ON STATUS OF FEMALE MEMBERS OF THE
ARMED FORCES.
(a) REQUIREMENT FOR REPORT.—The Secretary of Defense shall
submit to Congress, for each of fiscal years 2002 through 2006,
a report on the status of female members of the Armed Forces.
Information in the annual report shall be shown for the Department
of Defense as a whole and separately for each of the Army, Navy,
Air Force, and Marine Corps.
(b) MATTERS TO BE INCLUDED.—The report for a fiscal year
under subsection (a) shall include the following information:
H. R. 4546—98
(1) The positions, weapon systems, and fields of skills for
which, by policy, female members are not eligible for assign-
ment, as follows:
(A) In the report for fiscal year 2002—
(i) an identification of each position, weapon
system, and field of skills for which, by policy, female
members are not eligible; and
(ii) the rationale for the applicability of the policy
to each such position, weapon system, and field.
(B) In the report for each fiscal year after fiscal year
2002, the positions, weapon systems, and fields for which
policy on the eligibility of female members for assignment
has changed during that fiscal year, including a discussion
of how the policy has changed and the rationale for the
change.
(2) Information on joint spouse assignments, as follows:
(A) The number of cases in which members of the
Armed Forces married to each other are in assignments
to which they were jointly assigned during that fiscal year,
as defined in the applicable Department of Defense and
military department personnel assignment policies.
(B) The number of cases in which members of the
Armed Forces married to each other are in assignments
to which they were assigned during that fiscal year, but
were not jointly assigned (as so defined).
(3) Promotion selection rates for female members, for male
members, and for all personnel in the reports submitted by
promotion selection boards in that fiscal year for promotion
to grades E–7, E–8, and E–9, and, in the case of commissioned
officers, promotion to grades O–4, O–5, and O–6.
(4) Retention rates for female members in each grade and
for male members in each grade during that fiscal year.
(5) Selection rates for female members and for male mem-
bers for assignment to grade O–6 and grade O–5 command
positions in reports of command selection boards that were
submitted during that fiscal year.
(6) Selection rates for female members and for male mem-
bers for attendance at intermediate service schools (ISS) and,
separately, for attendance at senior service schools (SSS) in
reports of selection boards that were submitted during that
fiscal year.
(7) The extent of assignments of female members during
that fiscal year in each field in which at least 80 percent
of the Armed Forces personnel assigned in the field are men.
(8) The incidence of sexual harassment complaints made
during that fiscal year, stated as the number of cases in which
complaints of sexual harassment were filed under procedures
of military departments that are applicable to the submission
of sexual harassment complaints, together with the number
and percent of the complaints that were substantiated.
(9) Satisfaction (based on surveys) of female active-duty
members, female dependents of active-duty members, and
female dependents of nonactive duty members entitled to health
care provided by the Department of Defense with access to,
and quality of, women’s health care benefits provided by the
Department of Defense.
H. R. 4546—99
(c) TIME FOR REPORT.—The report for a fiscal year under this
section shall be submitted not later than 120 days after the end
of that fiscal year.
SEC. 563. WEAR OF ABAYAS BY FEMALE MEMBERS OF THE ARMED
FORCES IN SAUDI ARABIA.
(a) PROHIBITION RELATING TO WEAR OF ABAYAS.—No member
of the Armed Forces having authority over a member of the Armed
Forces and no officer or employee of the United States having
authority over a member of the Armed Forces may require or
encourage that member to wear the abaya garment or any part
of the abaya garment while the member is in the Kingdom of
Saudi Arabia pursuant to a permanent change of station or orders
for temporary duty.
(b) INSTRUCTION.—(1) The Secretary of Defense shall provide
each female member of the Armed Forces ordered to a permanent
change of station or temporary duty in the Kingdom of Saudi
Arabia with instruction regarding the prohibition in subsection
(a). Such instruction shall be provided immediately upon or not
more than 48 hours prior to the arrival of the member at a United
States military installation within the Kingdom of Saudi Arabia.
The instruction shall be presented orally and in writing. The written
instruction shall include the full text of this section.
(2) In carrying out paragraph (1), the Secretary shall act
through the Commander in Chief, United States Central Command
and Joint Task Force Southwest Asia, and the commanders of
the Army, Navy, Air Force, and Marine Corps components of the
United States Central Command and Joint Task Force Southwest
Asia.
(c) PROHIBITION
ON USE
OF FUNDS
FOR PROCUREMENT
OF
ABAYAS.—Funds appropriated or otherwise made available to the
Department of Defense may not be used to procure abayas for
regular or routine issuance to members of the Armed Forces serving
in the Kingdom of Saudi Arabia or for any personnel of contractors
accompanying the Armed Forces in the Kingdom of Saudi Arabia
in the performance of contracts entered into by the United States
with such contractors.
Subtitle H—Benefits
SEC. 571. DEPARTMENT OF DEFENSE SUPPORT FOR PERSONS PARTICI-
PATING IN MILITARY FUNERAL HONORS DETAILS.
Section 1491(d) of title 10, United States Code, is amended—
(1) by striking ‘‘To provide a’’ after ‘‘SUPPORT.—’’ and
inserting ‘‘(1) To support a’’;
(2) by redesignating paragraph (1) as subparagraph (A)
and amending such subparagraph, as so redesignated, to read
as follows:
‘‘(A) For a person who participates in a funeral honors
detail (other than a person who is a member of the armed
forces not in a retired status or an employee of the United
States), either transportation (or reimbursement for transpor-
tation) and expenses or the daily stipend prescribed under
paragraph (2).’’;
(3) by redesignating paragraph (2) as subparagraph (B)
and in that subparagraph—
H. R. 4546—100
(A) by striking ‘‘Materiel, equipment, and training for’’
and inserting ‘‘For’’; and
(B) by inserting before the period at the end ‘‘and
for members of the armed forces in a retired status, mate-
riel, equipment, and training’’;
(4) by redesignating paragraph (3) as subparagraph (C)
and in that subparagraph—
(A) by striking ‘‘Articles of clothing for’’ and inserting
‘‘For’’; and
(B) by inserting ‘‘, articles of clothing’’ after ‘‘subsection
(b)(2)’’; and
(5) by adding at the end the following new paragraphs:
‘‘(2) The Secretary of Defense shall prescribe annually a flat
rate daily stipend for purposes of paragraph (1)(A). Such stipend
shall be set at a rate so as to encompass typical costs for transpor-
tation and other miscellaneous expenses for persons participating
in funeral honors details who are members of the armed forces
in a retired status and other persons who are not members of
the armed forces or employees of the United States.
‘‘(3) A stipend paid under this subsection to a member of
the armed forces in a retired status is in addition to any compensa-
tion to which the member is entitled under section 435(a)(2) of
title 37 and any other compensation to which the member may
be entitled.’’.
SEC. 572. EMERGENCY LEAVE OF ABSENCE PROGRAM.
(a) IN GENERAL.—Chapter 40 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 709. Emergency leave of absence
‘‘(a) EMERGENCY LEAVE OF ABSENCE.—The Secretary concerned
may grant a member of the armed forces emergency leave of absence
for a qualifying emergency.
‘‘(b) LIMITATIONS.—An emergency leave of absence under this
section—
‘‘(1) may be granted only once for any member;
‘‘(2) may be granted only to prevent the member from
entering unearned leave status or excess leave status; and
‘‘(3) may not extend for a period of more than 14 days.
‘‘(c) QUALIFYING EMERGENCY.—In this section, the term ‘quali-
fying emergency’, with respect to a member of the armed forces,
means a circumstance that—
‘‘(1) is due to—
‘‘(A) a medical condition of a member of the immediate
family of the member; or
‘‘(B) any other hardship that the Secretary concerned
determines appropriate for purposes of this section; and
‘‘(2) is verified to the Secretary’s satisfaction based upon
information or opinion from a source in addition to the member
that the Secretary considers to be objective and reliable.
‘‘(d) MILITARY DEPARTMENT REGULATIONS.—Regulations pre-
scribed under this section by the Secretaries of the military depart-
ment shall be as uniform as practicable and shall be subject to
approval by the Secretary of Defense.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘unearned leave status’ means leave approved
to be used by a member of the armed forces that exceeds
H. R. 4546—101
the amount of leave credit that has been accrued as a result
of the member’s active service and that has not been previously
used by the member.
‘‘(2) The term ‘excess leave status’ means leave approved
to be used by a member of the armed forces that is unearned
leave for which a member is unable to accrue leave credit
during the member’s current term of service before the mem-
ber’s separation.’’.
(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:
‘‘709. Emergency leave of absence.’’.
SEC. 573. ENHANCED FLEXIBILITY IN MEDICAL LOAN REPAYMENT
PROGRAM.
(a) ELIGIBLE PERSONS.—Subsection (d) of section 2173 of title
10, United States Code, is amended by striking ‘‘Participants’’ and
all that follows through ‘‘and students’’ and inserting ‘‘Students’’.
(b) LOAN REPAYMENT AMOUNTS.—Subsection (e)(2) of such sec-
tion is amended by striking the last sentence.
SEC. 574. DESTINATIONS AUTHORIZED FOR GOVERNMENT PAID
TRANSPORTATION OF ENLISTED PERSONNEL FOR REST
AND RECUPERATION ABSENCE UPON EXTENDING DUTY
AT DESIGNATED LOCATIONS OVERSEAS.
(a) EXPANSION OF BENEFITS.—Subsection (b)(2) of section 705
of title 10, United States Code, is amended by inserting before
the period at the end the following: ‘‘, or to an alternative destina-
tion and return at a cost not to exceed the cost of round-trip
transportation from the location of the extended tour of duty to
such nearest port’’.
(b) CHANGE IN TERMINOLOGY.—(1) Subsection (b) of such section
is further amended by striking ‘‘recuperative’’ in paragraphs (1)
and (2) and inserting ‘‘recuperation’’.
(2)(A) The heading of such section is amended to read as
follows:
‘‘§ 705. Rest and recuperation absence: qualified enlisted
members extending duty at designated locations
overseas’’.
(B) The item relating to such section in the table of sections
at the beginning of chapter 40 of such title is amended to read
as follows:
‘‘705. Rest and recuperation absence: qualified enlisted members extending duty at
designated locations overseas.’’.
SEC. 575. VEHICLE STORAGE IN LIEU OF TRANSPORTATION WHEN
MEMBER IS ORDERED TO A NONFOREIGN DUTY STATION
OUTSIDE CONTINENTAL UNITED STATES.
(a) STORAGE COSTS AUTHORIZED.—Subsection (b) of section 2634
of title 10, United States Code, is amended by striking paragraphs
(1) and (2) and inserting the following:
‘‘(b)(1) When a member receives a vehicle storage qualifying
order, the member may elect to have a motor vehicle described
in subsection (a) stored at the expense of the United States at
a location approved by the Secretary concerned. In the case of
a vehicle storage qualifying order that is to make a change of
H. R. 4546—102
permanent station, such storage is in lieu of transportation author-
ized by subsection (a).
‘‘(2) In this subsection, the term ‘vehicle storage qualifying
order’ means any of the following:
‘‘(A) An order to make a change of permanent station
to a foreign country in a case in which the laws, regulations,
or other restrictions imposed by the foreign country or by
the United States either—
‘‘(i) preclude entry of a motor vehicle described in sub-
section (a) into that country; or
‘‘(ii) would require extensive modification of the vehicle
as a condition to entry.
‘‘(B) An order to make a change of permanent station
to a nonforeign area outside the continental United States
in a case in which the laws, regulations, or other restrictions
imposed by that area or by the United States either—
‘‘(i) preclude entry of a motor vehicle described in sub-
section (a) into that area; or
‘‘(ii) would require extensive modification of the vehicle
as a condition to entry.
‘‘(C) An order under which a member is transferred or
assigned in connection with a contingency operation to duty
at a location other than the permanent station of the member
for a period of more than 30 consecutive days but which is
not considered a change of permanent station.’’.
(b) NONFOREIGN AREA OUTSIDE
THE CONTINENTAL UNITED
STATES DEFINED.—Subsection (h) of such section is amended by
adding at the end the following new paragraph:
‘‘(3) The term ‘nonforeign area outside the continental
United States’ means any of the following: the States of Alaska
and Hawaii, the Commonwealths of Puerto Rico and the
Northern Mariana Islands, and any possession of the United
States.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
apply to orders to make a change of permanent station to a nonfor-
eign area outside the continental United States (as such term
is defined in subsection (h)(3) of section 2634 of title 10, United
States Code, as added by subsection (b)) that are issued on or
after the date of the enactment of this Act.
Subtitle I—Reports
SEC. 581. QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) REQUIREMENT FOR REVIEW.—(1) Chapter 2 of title 10, United
States Code, is amended by inserting after section 118 the following
new section:
‘‘§ 118a. Quadrennial quality of life review
‘‘(a) REVIEW REQUIRED.—(1) The Secretary of Defense shall
every four years conduct a comprehensive examination of the quality
of life of the members of the armed forces (to be known as the
‘quadrennial quality of life review’). The review shall include exam-
ination of the programs, projects, and activities of the Department
of Defense, including the morale, welfare, and recreation activities.
‘‘(2) The quadrennial quality of life review shall be designed
to result in determinations, and to foster policies and actions, that
H. R. 4546—103
reflect the priority given the quality of life of members of the
armed forces as a primary concern of the Department of Defense
leadership.
‘‘(b) CONDUCT OF REVIEW.—Each quadrennial quality of life
review shall be conducted so as—
‘‘(1) to assess quality of life priorities and issues consistent
with the most recent National Security Strategy prescribed
by the President pursuant to section 108 of the National Secu-
rity Act of 1947 (50 U.S.C. 404a);
‘‘(2) to identify actions that are needed in order to provide
members of the armed forces with the quality of life reasonably
necessary to encourage the successful execution of the full
range of missions that the members are called on to perform
under the national security strategy; and
‘‘(3) to identify other actions that have the potential for
improving the quality of life of the members of the armed
forces.
‘‘(c) CONSIDERATIONS.—The Secretary shall consider addressing
the following matters as part of the quadrennial quality of life
review:
‘‘(1) Infrastructure.
‘‘(2) Military construction.
‘‘(3) Physical conditions at military installations and other
Department of Defense facilities.
‘‘(4) Budget plans.
‘‘(5) Adequacy of medical care for members of the armed
forces and their dependents.
‘‘(6) Adequacy of housing and the basic allowance for
housing and basic allowance for subsistence.
‘‘(7) Housing-related utility costs.
‘‘(8) Educational opportunities and costs.
‘‘(9) Length of deployments.
‘‘(10) Rates of pay and pay differentials between the pay
of members and the pay of civilians.
‘‘(11) Retention and recruiting efforts.
‘‘(12) Workplace safety.
‘‘(13) Support services for spouses and children.
‘‘(14) Other elements of Department of Defense programs
and Government policies and programs that affect the quality
of life of members.
‘‘(d) SUBMISSION TO CONGRESSIONAL COMMITTEES.—(1) The Sec-
retary shall submit a report on each quadrennial quality of life
review to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives.
The report shall include the following:
‘‘(A) The assumptions used in the review.
‘‘(B) The results of the review, including a comprehensive
discussion of how the quality of life of members of the armed
forces affects the national security strategy of the United States.
‘‘(2) The report shall be submitted in the year following the
year in which the review is conducted, but not later than the
date on which the President submits the budget for the next fiscal
year to Congress under section 1105(a) of title 31.’’.
H. R. 4546—104
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 118
the following new item:
‘‘118a. Quadrennial quality of life review.’’.
(b) FIRST QUADRENNIAL QUALITY OF LIFE REVIEW.—The first
quadrennial quality of life review under section 118a of title 10,
United States Code, as added by subsection (a), shall be conducted
during 2003, and the report on that review required to be submitted
to Congress under subsection (d) of such section shall be submitted
not later than the date on which the President submits the budget
for fiscal year 2005 to Congress.
SEC. 582. REPORT ON DESIRABILITY AND FEASIBILITY OF CONSOLI-
DATING SEPARATE COURSES OF BASIC INSTRUCTION
FOR JUDGE ADVOCATES.
Not later than February 1, 2003, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on the desirability and feasibility of consolidating
the separate Army, Navy, and Air Force courses of basic instruction
for judge advocates into a single course to be conducted at a single
location. The report shall include—
(1) an assessment of the advantages and disadvantages
of such a consolidation;
(2) a recommendation as to whether such a consolidation
is desirable and feasible; and
(3) any proposal for legislative action that the Secretary
considers appropriate for carrying out such a consolidation.
SEC. 583. REPORTS ON EFFORTS TO RESOLVE STATUS OF CAPTAIN
MICHAEL SCOTT SPEICHER, UNITED STATES NAVY.
(a) REPORTS.—Not later than 90 days after the date of the
enactment of this Act, and every 120 days thereafter, the Secretary
of Defense shall submit to Congress a report on the efforts of
the United States Government to determine the status of Captain
Michael Scott Speicher, United States Navy, whose aircraft was
shot down over Iraq on the night of January 17, 1991. Each such
report shall be prepared in consultation with the Secretary of State
and the Director of Central Intelligence.
(b) PERIOD COVERED BY REPORTS.—The first report under sub-
section (a) shall cover efforts described in that subsection from
the time that Michael Scott Speicher’s aircraft was shot down
over Iraq until the date of the report, and each subsequent report
shall cover efforts described in that subsection since the last such
report.
(c) REPORT ELEMENTS.—Each report under subsection (a) shall
describe, for the period covered by such report, the following:
(1) All direct and indirect contacts by the United States
Government with the Government of Iraq regarding the status
of Michael Scott Speicher.
(2) Any request made by the United States Government
to the government of another country, including the intelligence
service of such country, for assistance in resolving the status
of Michael Scott Speicher, including the response to such
request.
H. R. 4546—105
(3) Each current lead on the status of Michael Scott
Speicher, including an assessment of the utility of such lead
in resolving the status of Michael Scott Speicher.
(4) Any cooperation with nongovernmental organizations
or international organizations in resolving the status of Michael
Scott Speicher, including the results of such cooperation.
(d) FORM OF REPORTS.—Each report under subsection (a) shall
be submitted in classified or unclassified form. To the extent sub-
mitted in classified form, such report shall include an unclassified
summary.
(e) DURATION.—The requirement to submit reports under this
section shall cease to be effective upon a final determination
regarding the status of Michael Scott Speicher by the Secretary
of Defense.
SEC. 584. REPORT ON VOLUNTEER SERVICES OF MEMBERS OF THE
RESERVE COMPONENTS IN EMERGENCY RESPONSE TO
THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) REQUIREMENT FOR REPORT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on volunteer services
described in subsection (b) that were provided by members of the
reserve components of the Armed Forces, while not in a duty
status pursuant to orders, during the period of September 11
through September 14, 2001. The report shall include a discussion
of any recognition that the Secretary considers appropriate for
those members regarding the provision of such services.
(b) COVERED VOLUNTEER SERVICES.—The volunteer services
referred to in subsection (a) are volunteer services of a military-
unique nature that were provided—
(1) in the vicinity of the site of the World Trade Center,
New York, New York, in support of emergency response to
the terrorist attack on the World Trade Center on September
11, 2001;
(2) in the vicinity of the Pentagon, Arlington, Virginia,
in support of emergency response to the terrorist attack on
the Pentagon on September 11, 2001; or
(3) in the vicinity of Shanksville, Pennsylvania, in support
of emergency response to the terrorist-caused crash of United
Airlines Flight 93 in Shanksville, Pennsylvania, on September
11, 2001.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Basic allowance for housing in cases of low-cost or no-cost moves.
Sec. 603. Rate of basic allowance for subsistence for enlisted personnel occupying
single Government quarters without adequate availability of meals.
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.