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‘‘(ii) an address (other than on a Fed-
eral write-in absentee ballot, commonly
known as ‘SF186’);
‘‘(iii) a postmark if there are any other
indicia that the vote was cast in a timely
manner; or
‘‘(iv) an overseas postmark; or
‘‘(B) solely on the basis of a comparison of
signatures on ballots, envelopes, or registration
forms unless there is a lack of reasonable simi-
larity between the signatures.
‘‘(2) NO EFFECT ON FILING DEADLINES UNDER
STATE LAW.—Nothing in this subsection may be con-
strued to affect the application to ballots submitted by
absent uniformed services voters of any ballot submis-
sion deadline applicable under State law.’’.
(2) The amendments made by paragraph (1) shall
apply with respect to ballots described in section 102(c) of
the Uniformed and Overseas Citizens Absentee Voting Act,
as added by paragraph (1), that are submitted with respect
to elections that occur after the date of the enactment of
this Act.
(b) MAXIMIZATION OF ACCESS OF RECENTLY SEPA-
RATED UNIFORMED SERVICES VOTERS TO THE POLLS.—
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(1) Section 102(a) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—
(A) in paragraph (4), by striking ‘‘and’’ at the
end;
(B) in paragraph (5), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new para-
graphs:
‘‘(6) in addition to using the postcard form for
the purpose described in paragraph (4), accept and
process any otherwise valid voter registration appli-
cation submitted by a uniformed service voter for the
purpose of voting in an election for Federal office;
and
‘‘(7) permit each recently separated uniformed
services voter to vote in any election for which a voter
registration application has been accepted and proc-
essed under this section if that voter—
‘‘(A) has registered to vote under this sec-
tion; and
‘‘(B) is eligible to vote in that election
under State law.’’.
(2) The amendments made by paragraph (1) shall
apply with respect to elections for Federal office that occur
after the date of the enactment of this Act.
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(c) DEFINITIONS.—Section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–
6) is amended—
(1) by redesignating paragraphs (7) and (8) as
paragraphs (9) and (11), respectively;
(2) by inserting after paragraph (6) the fol-
lowing new paragraph:
‘‘(7) ‘recently separated uniformed services voter’
means any individual who was a uniformed services
voter on the date that is 60 days before the date on
which the individual seeks to vote and who—
‘‘(A) presents to the election official Depart-
ment of Defense form 214 evidencing the individ-
ual’s former status as such a voter, or any other
official proof of such status;
‘‘(B) is no longer such a voter; and
‘‘(C) is otherwise qualified to vote in that
election;’’; and
(3) by inserting after paragraph (9), as so redes-
ignated, the following new paragraph:
‘‘(10) ‘uniformed services voter’ means—
‘‘(A) a member of a uniformed service in
active service;
‘‘(B) a member of the merchant marine;
and
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‘‘(C) a spouse or dependent of a member re-
ferred to in subparagraph (A) or (B) who is
qualified to vote; and’’.
SEC. 565. CERTAIN TRAVEL AND TRANSPORTATION AL-
LOWANCES FOR DEPENDENTS OF MEMBERS
OF THE ARMED FORCES WHO HAVE COM-
MITTED DEPENDENT ABUSE.
Section 406(h) of title 37, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4)(A) If the Secretary concerned makes a determina-
tion described in subparagraph (B) with respect to the
spouse or a dependent of a member described in that sub-
paragraph and a request described in subparagraph (C) has
been by the spouse or on behalf of such dependent, the Sec-
retary may provide any benefit authorized for a member
under paragraph (1) or (3) to the spouse or such dependent
in lieu of providing such benefit to the member.
‘‘(B) A determination described in this subparagraph
is a determination by the commanding officer of a member
that—
‘‘(i) the member has committed a dependent-
abuse offense against the spouse or a dependent of the
member;
‘‘(ii) a safety plan and counseling have been pro-
vided to the spouse or such dependent;
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‘‘(iii) the safety of the spouse or such dependent
is at risk; and
‘‘(iv) the relocation of the spouse or such depend-
ent is advisable.
‘‘(C) A request described in this subparagraph is a re-
quest by the spouse of a member, or by the parent of a de-
pendent 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 of-
fense’ means an offense described in section 1059(c) of title
10.’’.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2004.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2004 re-
quired by section 1009 of title 37, United States Code, in
the rates of monthly basic pay authorized members of the
uniformed services shall not be made.
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(b) INCREASE IN BASIC PAY.—Effective on January
1, 2004, the rates of monthly basic pay for members of the
uniformed services 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
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 com-
missioned 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 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 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 cumulative years of service com-
puted under section 205 of title 37, United States Code.
3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been
credited with over 4 years of active duty service as an enlisted member or warrant officer.
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COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE
DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OF-
FICER
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
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 war-
rant officers may not exceed the rate of pay for level V of the Executive Schedule.
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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
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 en-
listed 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 Ser-
geant 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.—Sub-
section (a) of section 1009 of title 37, United States Code,
is amended to read as follows:
‘‘(a) REQUIREMENT FOR ANNUAL ADJUSTMENT.—Ef-
fective on January 1 of each year, the rates of basic pay
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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.—Subsection (c) of
such section is amended to read as follow:
‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL MEM-
BERS.—(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 1 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 1 percentage point higher
than the percentage that would otherwise be applicable
under such paragraph.’’.
(d) REPEAL OF ALLOCATION AUTHORITY.—Such sec-
tion is further amended—
(1) by striking subsections (d), (e), and (g); and
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(2) redesignating subsection (f) as subsection (d).
(e) PRESIDENTIAL DETERMINATION OF NEED FOR AL-
TERNATIVE PAY ADJUSTMENT.—Such section, as amended
by subsection (d), is further amended adding at the end the
following new subsection:
‘‘(e) PRESIDENTIAL DETERMINATION OF NEED FOR
ALTERNATIVE PAY ADJUSTMENT.—(1) If, because of na-
tional emergency or serious economic conditions affecting
the general welfare, the President considers the pay adjust-
ment 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 pre-
ceding 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 National Prod-
uct, the unemployment rate, the budget deficit, the Con-
sumer Price Index, the Producer Price Index, the Employ-
ment Cost Index, and the Implicit Price Deflator for Per-
sonal Consumption Expenditures.
‘‘(3) The President shall include in the plan submitted
to Congress under paragraph (1) an assessment of the im-
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pact 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.’’.
(f) DEFINITIONS.—Such section, as amended by sub-
section (e), is further amended by adding at the end the
following:
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘ECI’ means the Employment
Cost Index (wages and salaries, private industry
workers) published quarterly by the Bureau of Labor
Statistics.
‘‘(2) The term ‘base quarter’ for any year is the
3-month period ending on September 30 of such
year.’’.
SEC. 603. COMPUTATION OF BASIC PAY RATE FOR COMMIS-
SIONED 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:
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‘‘(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. PILOT PROGRAM OF MONTHLY SUBSISTENCE AL-
LOWANCE FOR NON-SCHOLARSHIP SENIOR
ROTC MEMBERS COMMITTING TO CONTINUE
ROTC PARTICIPATION AS SOPHOMORES.
(a) AUTHORITY.—Section 209 of title 37, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(e) NON-SCHOLARSHIP SENIOR ROTC MEMBERS
NOT IN ADVANCED TRAINING.—(1) A member of the Senior
Reserve Officers’ Training Corps described in subsection (b)
is entitled to a monthly subsistence allowance at a rate pre-
scribed under subsection (a).
‘‘(2) To be entitled to receive a subsistence allowance
under this subsection, a member must—
‘‘(A) be a citizen of the United States;
‘‘(B) enlist in an armed force under the jurisdic-
tion of the Secretary of the military department con-
cerned for the period prescribed by the Secretary;
‘‘(C) contract, with the consent of his parent or
guardian if he is a minor, with the Secretary of the
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military department concerned, or his designated rep-
resentative, to serve for the period required by the
program;
‘‘(D) agree in writing that he will accept an ap-
pointment, if offered, as a commissioned officer in the
Army, Navy, Air Force, or Marine Corps, as the case
may be, and that he will serve in the armed forces for
the period prescribed by the Secretary;
‘‘(E) successfully complete the first year of a
four-year Senior Reserve Officers’ Training Corps
course;
‘‘(F) not be eligible for advanced training under
section 2104 of title 10;
‘‘(G) not be appointed under section 2107 of title
10; and
‘‘(H) execute a certificate of loyalty in such form
as the Secretary of Defense prescribes or take a loy-
alty oath as prescribed by the Secretary.
‘‘(3) The first month for which a monthly subsistence
allowance is payable to a member under this subsection
shall be a month designated by the Secretary of the military
department concerned that begins after the member satisfies
the condition in subparagraph (E) of paragraph (2). Pay-
ment of the subsistence allowance shall continue for as long
as the member continues to meet the conditions in such
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paragraph and the member’s obligations under the enlist-
ment, contract, and agreement entered into as described in
such paragraph. In no event, however, may a member re-
ceive the monthly subsistence allowance for more than 20
months.
‘‘(4) In this subsection, the term ‘program’ means the
Senior Reserve Officers’ Training Corps of an armed force.
‘‘(5) No subsistence allowance may be paid under this
subsection with respect to a contract that is entered into
as described in paragraph (2)(C) after December 31, 2006.’’.
(b) EFFECTIVE DATE.—Subsection (e) of section 209
of title 37, United States Code (as added by subsection (a)),
shall take effect on January 1, 2004.
SEC. 605. BASIC ALLOWANCE FOR HOUSING FOR EACH
MEMBER MARRIED 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 in-
serting ‘‘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
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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 sub-
section (a) shall take effect on October 1, 2003.
SEC. 606. INCREASED RATE OF FAMILY SEPARATION AL-
LOWANCE.
(a) RATE.—Section 427(a)(1) of title 37, United
States Code, is amended by striking ‘‘$100’’ and inserting
‘‘$250’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2003.
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.—Sec-
tion 308c(e) of such title is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
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(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.—Sec-
tion 308e(e) of such title is amended by striking ‘‘December
31, 2003’’ and inserting ‘‘December 31, 2004’’.
(e) READY RESERVE ENLISTMENT
AND REENLIST-
MENT 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 PROFESSIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—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
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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 ANES-
THETISTS.—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
PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
TIES.—Section 302g(f ) of such title is amended by striking
‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec-
tion 302h(a)(1) of such title is amended by striking ‘‘De-
cember 31, 2003’’ and inserting ‘‘December 31, 2004’’.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS.
(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 ‘‘De-
cember 31, 2003’’ and inserting ‘‘December 31, 2004’’.
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(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 ‘‘De-
cember 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 strik-
ing ‘‘December 31, 2003’’ and inserting ‘‘December 31,
2004’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of such title is amended by striking ‘‘Decem-
ber 31, 2003’’ and inserting ‘‘December 31, 2004’’.
(c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Sec-
tion 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’’.
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT-
ICAL SKILLS.—Section 324(g) of such title is amended by
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striking ‘‘December 31, 2003’’ and inserting ‘‘December 31,
2004’’.
SEC. 615. 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), by inserting ‘‘under section
201 of this title, or the compensation under section
206 of this title,’’ after ‘‘is entitled to the basic pay’’;
(2) by redesignating subsections (b) through (e)
as subsections (c) through (f), respectively; and
(3) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) In the case of an officer who is a member of a
reserve component, special pay under subsection (a) shall
be paid at the rate of 1⁄30 of the monthly rate authorized
by that subsection for each day of the performance of duties
described in that subsection.’’.
(b) LIMITATION.—Subsection (d) of such section, as re-
designated by subsection (a)(2) of this section, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new para-
graph:
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‘‘(2) Of the number of officers in the Selected Reserve
of the Ready Reserve of an armed force who are not on ac-
tive duty (other than for training), 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. 616. ASSIGNMENT INCENTIVE PAY FOR SERVICE IN
KOREA.
(a) AUTHORITY.—(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 307a the
following new section:
‘‘§ 307b. Special pay: Korea service incentive pay
‘‘(a) AUTHORITY.—The Secretary concerned shall pay
monthly incentive pay under this section to a member of
a uniformed service for the period that the member performs
service in Korea while entitled to basic pay.
‘‘(b) RATE.—The monthly rate of incentive pay pay-
able to a member under this section is $100.
‘‘(c) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—Incentive pay paid to a member under this section
is in addition to any other pay and allowances to which
the member is entitled.
‘‘(d) STATUS NOT AFFECTED BY TEMPORARY DUTY OR
LEAVE.—The service of a member in an assignment referred
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to in subsection (a) shall not be considered discontinued
during any period that the member is not performing serv-
ice in the assignment by reason of temporary duty per-
formed by the member pursuant to orders or absence of the
member for authorized leave.
‘‘(e) TERMINATION OF AUTHORITY.—Special pay may
not be paid under this section for months beginning after
December 31, 2005.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
307a the following new item:
‘‘307b. Special pay: Korea service incentive pay.’’.
(b) EFFECTIVE DATE.—Section 307(b) of title 37,
United States Code (as added by subsection (a)), shall take
effect on October 1, 2003.
SEC. 617. INCREASED MAXIMUM AMOUNT OF REENLIST-
MENT BONUS FOR ACTIVE MEMBERS.
(a) MAXIMUM AMOUNT.—Section 308(a)(2)(B) of title
37, United States Code, is amended by striking ‘‘$60,000’’
and inserting ‘‘$70,000’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2003, and shall
apply with respect to reenlistments and extensions of enlist-
ments that take effect on or after that date.
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SEC. 618. PAYMENT OF SELECTED RESERVE REENLIST-
MENT BONUS TO MEMBERS OF SELECTED RE-
SERVE WHO ARE MOBILIZED.
Section 308b of title 37, United States Code, is
amended—
(1) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) PAYMENT TO MOBILIZED MEMBERS.—In the case
of a member entitled to a bonus under this section who is
called or ordered to active duty, any amount of such bonus
that is payable to the member during the period of active
duty of the member shall be paid the member during that
period of active duty without regard to the fact that the
member is serving on active duty pursuant to such call or
order to active duty.’’.
SEC. 619. INCREASED RATE OF HOSTILE FIRE AND IMMI-
NENT DANGER SPECIAL PAY.
(a) RATE.—Section 310(a) of title 37, United States
Code, is amended by striking ‘‘$150’’ and inserting ‘‘$225’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2003.
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SEC. 620. AVAILABILITY OF HOSTILE FIRE AND IMMINENT
DANGER SPECIAL PAY FOR RESERVE COMPO-
NENT 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 mem-
ber 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 ex-
posed 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 uni-
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formed services were subject to hostile fire or ex-
plosion 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 danger on the basis
of civil insurrection, civil war, terrorism, or
wartime conditions.
‘‘(b) CONTINUATION DURING HOSPITALIZATION.—A
member covered by subsection (a)(2)(C) who is hospitalized
for the treatment of the injury or wound may be paid spe-
cial pay under this section for not more than three addi-
tional months during which the member is so hospitalized.’’.
(b) CLERICAL AMENDMENTS.—Such section is further
amended—
(1) in subsection (c), as redesignated by sub-
section (a)(1), by inserting ‘‘LIMITATIONS AND AD-
MINISTRATION.—’’ before ‘‘(1)’’; and
(2) in subsection (d), as redesignated by sub-
section (a)(1), by inserting ‘‘DETERMINATIONS
OF
FACT.—’’ before ‘‘Any’’.
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(c) EFFECTIVE DATE.—Subsections (a) and (b) of sec-
tion 310 of title 37, United States Code, as added by sub-
section (a)(2), shall take effect as of September 11, 2001.
SEC. 621. EXPANSION OF OVERSEAS TOUR EXTENSION IN-
CENTIVE PROGRAM TO OFFICERS.
(a) SPECIAL PAY OR BONUS FOR EXTENDING OVER-
SEAS TOUR OF DUTY.—(1) Subsections (a) and (b) of sec-
tion 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 ex-
tending duty at designated locations over-
seas’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 5 of such title is amend-
ed 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)(A) The heading of such section is amended to read
as follows:
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‘‘§ 705. Rest and recuperation absence: qualified
members extending duty at designated lo-
cations 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 members extending duty at des-
ignated locations overseas.’’.
SEC. 622. ELIGIBILITY OF WARRANT OFFICERS FOR ACCES-
SION BONUS FOR NEW OFFICERS IN CRITICAL
SKILLS.
(a) ELIGIBILITY.—Section 324 of title 37, United
States Code, is amended in subsections (a) and (f)(1) by
inserting ‘‘or an appointment’’ after ‘‘commission’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2003.
SEC. 623. INCENTIVE BONUS FOR CONVERSION TO MILI-
TARY OCCUPATIONAL 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:
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‘‘§ 326. Incentive bonus: conversion to military occu-
pational specialty to ease personnel short-
age
‘‘(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 agree-
ment to convert to, and serve for a period of not less than
four years in, a military occupational specialty for which
there is a shortage of trained and qualified personnel.
‘‘(b) ELIGIBLE MEMBERS.—A member is eligible for
a bonus under this section if—
‘‘(1) the member is entitled to basic pay; and
‘‘(2) at the time the agreement under subsection
(a) 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 dis-
bursed 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.
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‘‘(d) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—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 re-
ceives a bonus for conversion to a military occupational
specialty under this section and who, voluntarily or because
of misconduct, fails to serve in such military occupational
specialty for the period specified in the agreement shall re-
fund 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 im-
posed under paragraph (1) is, for all purposes, a debt owed
to the United States.
‘‘(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of 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 sub-
section (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
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and good conscience or would be contrary to the best inter-
ests 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 beginning 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.’’.
Subtitle C—Travel and
Transportation Allowances
SEC. 631. SHIPMENT OF PRIVATELY OWNED MOTOR VEHI-
CLE WITHIN CONTINENTAL UNITED STATES.
(a) AUTHORITY TO PROCURE CONTRACT FOR TRANS-
PORTATION 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 subsection (h):
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‘‘(h) In the case of a member’s change of permanent
station described in subparagraph (A) or (B) of subsection
(i)(1), the Secretary 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 estab-
lished 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 TRANS-
PORTATION 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 transpor-
tation 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 mon-
etary allowance in lieu of transportation, as established
under section 404(d)(1) of this title.’’.
SEC. 632. PAYMENT OR REIMBURSEMENT OF STUDENT
BAGGAGE STORAGE COSTS FOR DEPENDENT
CHILDREN OF MEMBERS STATIONED OVER-
SEAS.
Section 430(b)(2) of title 37, United States Code, is
amended in the first sentence by inserting before the period
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at the end the following: ‘‘or during a different period in
the same fiscal year selected by the member’’.
SEC. 633. CONTRACTS FOR FULL REPLACEMENT VALUE
FOR LOSS OR DAMAGE TO PERSONAL PROP-
ERTY TRANSPORTED AT GOVERNMENT EX-
PENSE.
(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 trans-
ported at Government expense: full re-
placement 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 car-
rier under the contract to pay the full replacement value
for loss or damage to the baggage or household effects trans-
ported under the contract.
‘‘(b) DEDUCTION UPON FAILURE OF CARRIER TO SET-
TLE.—In the case of a loss or damage of baggage or house-
hold effects transported 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 house-
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hold effects may be deducted from the amount owed by the
United States to the carrier under the contract upon a fail-
ure 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 lim-
itations on amounts of claims that may be settled under
section 3721(b) of title 31 do not apply to a carrier’s con-
tractual 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 vali-
dating 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 bag-
gage or household effects, includes packing, crating,
drayage, temporary storage, and unpacking of the baggage
or household effects.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning 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.’’.
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SEC
634. TRANSPORTATION OF DEPENDENTS TO PRES-
ENCE OF MEMBERS OF THE ARMED FORCES
WHO ARE 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 ‘‘paragraph
(2)’’ and inserting ‘‘paragraph (3)’’;
(2) by redesignating paragraph (2) as para-
graph (3);
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) Under the regulations prescribed under para-
graph (1), transportation described in subsection (c) may
be provided for not more than two family members of a
member otherwise described in paragraph (3) who is retired
for an illness or injury described in that paragraph if the
attending physician or surgeon and the commander or head
of the military medical facility exercising control over the
member determine that the presence of the family member
would be in the best interests of the family member.’’; and
(4) in paragraph (3), as so redesignated, by
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph
(1) or (2)’’.
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Subtitle D—Retired Pay and
Survivor Benefits
SEC. 641. SPECIAL RULE FOR COMPUTATION OF RETIRED
PAY BASE FOR COMMANDERS OF COMBATANT
COMMANDS.
(a) TREATMENT EQUIVALENT TO CHIEFS OF SERV-
ICE.—Subsection (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
subsection is amended by inserting ‘‘COMMANDERS OF COM-
BATANT COMMANDS,’’ 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 re-
spect to officers who first become entitled to retired pay
under title 10, United States Code, on or after such date.
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SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SUR-
VIVING SPOUSES OF RESERVES NOT ELIGI-
BLE 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 Sec-
retary concerned shall pay an annuity under this
subchapter to the surviving spouse of—
‘‘(A) a person who is eligible to provide a
reserve-component annuity and who 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
‘‘(ii) during the 90-day period begin-
ning 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
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‘‘(B) a member of a reserve component not
described in subparagraph (A) who dies from an
injury or illness incurred or aggravated in the
line of duty during inactive-duty training.’’.
(b) CONFORMING AMENDMENT.—The heading for sub-
section (f) of section 1448 of such title is amended by insert-
ing ‘‘OR BEFORE’’ after ‘‘DYING WHEN’’.
(c) EFFECTIVE DATE.—The amendments made by this
section 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. 643. 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 sub-
section (a) shall take effect as of September 11, 2001, and
shall apply with respect to deaths occurring on or after that
date.
(c) DEATH BENEFITS STUDY.—(1) It is the sense of
Congress that—
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(A) the sacrifices made by the members of the
United States Armed Forces are significant and are
worthy of meaningful expressions of gratitude by the
Government of the United States, especially in cases
of sacrifice through loss of life;
(B) 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 benefits for sur-
vivors of civilian victims of terrorism;
(C) the death benefits system composed of the
death gratuity paid by the Department of Defense to
survivors of members of the Armed Forces, the subse-
quently established Servicemembers’ Group Life In-
surance (SGLI) program, and other benefits for sur-
vivors of deceased members has evolved over time, but
there are increasing indications that the evolution of
such benefits has failed to keep pace with the expan-
sion of indemnity and compensation available to seg-
ments of United States society outside the Armed
Forces, a failure that is especially apparent in a com-
parison of the benefits for survivors of deceased mem-
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bers with the compensation provided to families of ci-
vilian victims of terrorism; and
(D) while Servicemembers’ Group Life Insurance
(SGLI) provides an assured source of life insurance
for members of the Armed Forces that benefits the sur-
vivors of such members upon death, the SGLI pro-
gram requires the members to pay for that life insur-
ance coverage and does not provide an assured min-
imum benefit.
(2) 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 Secretary shall—
(A) compare the Federal Government death bene-
fits for survivors of deceased members of the Armed
Forces with commercial and other private sector
death benefits plans for segments of United States so-
ciety outside the Armed Forces, and also with the ben-
efits available under Public Law 107–37 (115 Stat.
219) (commonly known as the ‘‘Public Safety Officer
Benefits Bill’’);
(B) assess the personnel policy effects that would
result from a revision of the death gratuity benefit to
provide a stratified schedule of entitlement amounts
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that places a premium on deaths resulting from par-
ticipation in combat or from acts of terrorism;
(C) assess the adequacy of the current system of
Survivor Benefit Plan annuities and Dependency and
Indemnity Compensation and the anticipated effects
of an elimination of the offset of Survivor Benefit
Plan annuities by Dependency and Indemnity Com-
pensation;
(D) examine the commercial insurability of
members of the Armed Forces in high risk military
occupational specialties; and
(E) examine the extent to which private trusts
and foundations engage in fundraising or otherwise
provide financial benefits for survivors of deceased
members of the Armed Forces.
(3) Not later than March 1, 2004, the Secretary shall
submit a report on the results of the study under paragraph
(2) to the Committees on Armed Services of the Senate and
the House of Representatives. The report shall include the
following:
(A) The assessments, analyses, and conclusions
resulting from the study.
(B) Proposed legislation to address the defi-
ciencies in the system of Federal Government death
benefits for survivors of deceased members of the
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Armed Forces that are identified in the course of the
study.
(C) An estimate of the costs of the system of
death benefits provided for in the proposed legislation.
(4) 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 Federal Govern-
ment, State governments, and local governments. Not later
than November 1, 2003, the Comptroller General shall sub-
mit a report containing the results of the study to the Com-
mittees on Armed Services of the Senate and the House of
Representatives.
SEC. 644. FULL PAYMENT OF BOTH RETIRED PAY AND COM-
PENSATION TO DISABLED MILITARY RETIR-
EES.
(a) RESTORATION
OF FULL RETIRED PAY BENE-
FITS.—Section 1414 of title 10, United States Code, is
amended to read as follows:
‘‘§ 1414. Members eligible for retired pay who have
service-connected disabilities: payment of
retired pay and veterans’ disability com-
pensation
‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM-
PENSATION.—Except as provided in subsection (b), a mem-
ber or former member of the uniformed services who is enti-
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tled to retired pay (other than as specified in subsection
(c)) and who is also entitled to veterans’ disability com-
pensation is entitled to be paid both without regard to sec-
tions 5304 and 5305 of title 38.
‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIR-
EES.—The retired pay of a member retired under chapter
61 of this title with 20 years or more of service otherwise
creditable under section 1405 of this title at the 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.
‘‘(c) EXCEPTION.—Subsection (a) does not apply to a
member retired under chapter 61 of this title with less than
20 years of service otherwise creditable under section 1405
of this title at the time of the member’s retirement.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘retired pay’ includes retainer
pay, emergency officers’ retirement pay, and naval
pension.
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‘‘(2) The term ‘veterans’ disability compensation’
has the meaning given the term ‘compensation’ in sec-
tion 101(13) of title 38.’’.
(b) REPEAL
OF
SPECIAL
COMPENSATION
PRO-
GRAMS.—Sections 1413 and 1413a of such title are re-
pealed.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by striking the
items relating to sections 1413, 1413a, and 1414 and insert-
ing the following:
‘‘1414. Members eligible for retired pay who have service-connected disabilities:
payment of retired pay and veterans’ disability compensation.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on—
(1) the first day of the first month that begins
after the date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in
the calendar year in which this Act is enacted, if later
than the date specified in paragraph (1).
(e) PROHIBITION ON RETROACTIVE BENEFITS.—No
benefits may be paid to any person by reason of section
1414 of title 10, United States Code, as amended by sub-
section (a), for any period before the effective date applica-
ble under subsection (d).
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Subtitle E—Other Matters
SEC. 651. RETENTION OF ACCUMULATED LEAVE.
(a) HIGHER MAXIMUM LIMITATION ASSOCIATED WITH
CERTAIN SERVICE.—Section 701(f) of title 10, United
States Code, is amended to read as follows:
‘‘(f)(1) The Secretary of Defense may authorize a mem-
ber eligible under paragraph (2) to retain 120 days’ leave
accumulated by the end of the fiscal year described in such
paragraph.
‘‘(2) Paragraph (1) applies to a member who—
‘‘(A) during a fiscal year—
‘‘(i) serves on active duty for a continuous
period of at least 120 days in an area in which
the member is entitled to special pay under sec-
tion 310(a) of title 37; or
‘‘(ii) is assigned to a deployable ship, to a
mobile unit, to duty in support of a contingency
operation, or to other duty designated for the
purpose of this section; and
‘‘(B) except for paragraph (1), would lose any
accumulated leave in excess of 60 days at the end of
the fiscal year.
‘‘(3) Leave in excess of 60 days accumulated under this
subsection is lost unless it is used by the member before the
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end of the third fiscal year after the fiscal year in which
the service described in paragraph (2) terminated.’’.
(b) SAVINGS PROVISIONS.—Regulations in effect under
subsection (f) of section 701 of title 10, United States Code,
on the day before the date of the enactment of this Act shall
remain in effect until revised or superseded by regulations
prescribed to implement the authority under the amend-
ment made by subsection (a).
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2003.
SEC. 652. GAO STUDY.
Not later than April 1, 2004, the Comptroller General
shall submit a report regarding the adequacy of special
pays and allowances for service members who experience
frequent deployments away from their permanent duty sta-
tions for periods less than 30 days. The policies regarding
eligibility for family separation allowance, including those
relating to required duration of absences from the perma-
nently assigned duty station, should be assessed.
Subtitle 
F—Naturalization 
and
Family Protection for Military
Members
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ‘‘Naturalization and
Family Protection for Military Members Act of 2003’’.
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SEC. 662. REQUIREMENTS FOR NATURALIZATION THROUGH
SERVICE IN THE ARMED FORCES OF THE
UNITED STATES.
(a) REDUCTION OF PERIOD FOR REQUIRED SERV-
ICE.—Section 328(a) of the Immigration and Nationality
Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three
years’’ and inserting ‘‘2 years’’.
(b) PROHIBITION ON IMPOSITION OF FEES RELATING
TO NATURALIZATION.—Title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) is amended—
(1) in section 328(b)—
(A) in paragraph (3)—
(i) by striking ‘‘honorable. The’’ and
inserting ‘‘honorable (the’’; and
(ii) by striking ‘‘discharge.’’ and in-
serting ‘‘discharge); and’’; and
(B) by adding at the end the following:
‘‘(4) notwithstanding any other provision of law,
no fee shall be charged or collected from the applicant
for filing a petition for naturalization or for the
issuance of a certificate of naturalization upon citi-
zenship being granted to the applicant, and no clerk
of any State court shall charge or collect any fee for
such services unless the laws of the State require such
charge to be made, in which case nothing more than
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the portion of the fee required to be paid to the State
shall be charged or collected.’’; and
(2) in section 329(b)—
(A) in paragraph (2), by striking ‘‘and’’ at
the end;
(B) in paragraph (3), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) notwithstanding any other provision of law,
no fee shall be charged or collected from the applicant
for filing a petition for naturalization or for the
issuance of a certificate of naturalization upon citi-
zenship being granted to the applicant, and no clerk
of any State court shall charge or collect any fee for
such services unless the laws of the State require such
charge to be made, in which case nothing more than
the portion of the fee required to be paid to the State
shall be charged or collected.’’.
(c) NATURALIZATION PROCEEDINGS OVERSEAS FOR
MEMBERS OF THE ARMED FORCES.—Notwithstanding any
other provision of law, the Secretary of Homeland Security,
the Secretary of State, and the Secretary of Defense shall
ensure that any applications, interviews, filings, oaths,
ceremonies, or other proceedings under title III of the Immi-
gration and Nationality Act (8 U.S.C. 1401 et seq.) relating
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to naturalization of members of the Armed Forces are avail-
able through United States embassies, consulates, and as
practicable, United States military installations overseas.
(d) FINALIZATION OF NATURALIZATION PROCEEDINGS
FOR MEMBERS OF THE ARMED FORCES.—Not later than
90 days after the date of enactment of this Act, the Sec-
retary of Defense shall prescribe a policy that facilitates the
opportunity for a member of the Armed Forces to finalize
naturalization for which the member has applied. The pol-
icy shall include, for such purpose, the following:
(1) A high priority for grant of emergency leave.
(2) A high priority for transportation on air-
craft of, or chartered by, the Armed Forces.
(e) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 328(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1439(b)(3)) is amended by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary of Homeland Security’’.
SEC. 663. NATURALIZATION BENEFITS FOR MEMBERS OF
THE SELECTED RESERVE OF THE READY RE-
SERVE.
Section 329(a) of the Immigration and Nationality
Act (8 U.S.C. 1440(a)) is amended by inserting ‘‘as a mem-
ber of the Selected Reserve of the Ready Reserve or’’ after
‘‘has served honorably’’.
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SEC. 664. EXTENSION OF POSTHUMOUS BENEFITS TO SUR-
VIVING SPOUSES, CHILDREN, AND PARENTS.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second sen-
tence of section 201(b)(2)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in
the case of an alien who was the spouse of a citizen
of the United States at the time of the citizen’s death
and was not legally separated from the citizen at the
time of the citizen’s death, if the citizen served honor-
ably in an active duty status in the military, air, or
naval forces of the United States and died as a result
of injury or disease incurred in or aggravated by
combat, the alien (and each child of the alien) shall
be considered, for purposes of section 201(b) of such
Act, to remain an immediate relative after the date
of the citizen’s death, but only if the alien files a peti-
tion under section 204(a)(1)(A)(ii) of such Act within
2 years after such date and only until the date the
alien remarries. For purposes of such section
204(a)(1)(A)(ii), an alien granted relief under the
preceding sentence shall be considered an alien spouse
described 
in 
the 
second 
sentence 
of 
section
201(b)(2)(A)(i) of such Act.
(2) CHILDREN.—
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(A) IN GENERAL.—In the case of an alien
who was the child of a citizen of the United
States at the time of the citizen’s death, if the
citizen served honorably in an active duty status
in the military, air, or naval forces of the United
States and died as a result of injury or disease
incurred in or aggravated by combat, the alien
shall be considered, for purposes of section 201(b)
of the Immigration and Nationality Act (8
U.S.C. 1151(b)), to remain an immediate rel-
ative after the date of the citizen’s death (regard-
less of changes in age or marital status there-
after), but only if the alien files a petition under
subparagraph (B) within 2 years after such date.
(B) PETITIONS.—An alien described in sub-
paragraph (A) may file a petition with the Sec-
retary of Homeland Security for classification of
the alien under section 201(b)(2)(A)(i) of the Im-
migration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such
a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(3) PARENTS.—
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(A) IN GENERAL.—In the case of an alien
who was the parent of a citizen of the United
States at the time of the citizen’s death, if the
citizen served honorably in an active duty status
in the military, air, or naval forces of the United
States and died as a result of injury or disease
incurred in or aggravated by combat, the alien
shall be considered, for purposes of section 201(b)
of the Immigration and Nationality Act (8
U.S.C. 1151(b)), to remain an immediate rel-
ative after the date of the citizen’s death (regard-
less of changes in age or marital status there-
after), but only if the alien files a petition under
subparagraph (B) within 2 years after such date.
(B) PETITIONS.—An alien described in sub-
paragraph (A) may file a petition with the Sec-
retary of Homeland Security for classification of
the alien under section 201(b)(2)(A)(i) of the Im-
migration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such
a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(C) EXCEPTION.—Notwithstanding section
201(b)(2)(A)(i) of the Immigration and Nation-
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ality Act (8 U.S.C. 1151(b)(2)(A)(i)), for pur-
poses of this paragraph, a citizen described in
subparagraph (A) does not have to be 21 years
of age for a parent to benefit under this para-
graph.
(b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY
SURVIVING SPOUSES, CHILDREN, AND PARENTS.—
(1) IN GENERAL.—Notwithstanding subsections
(a) and (c) of section 245 of the Immigration and Na-
tionality Act (8 U.S.C. 1255), any alien who was the
spouse, child, or parent of an alien described in para-
graph (2), and who applied for adjustment of status
prior to the death described in paragraph (2)(B),
may have such application adjudicated as if such
death had not occurred.
(2) ALIEN DESCRIBED.—An alien is described in
this paragraph if the alien—
(A) served honorably in an active duty sta-
tus in the military, air, or naval forces of the
United States;
(B) died as a result of injury or disease in-
curred in or aggravated by combat; and
(C) was granted posthumous citizenship
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1).
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(c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT
RESIDENT ALIENS.—
(1) TREATMENT AS IMMEDIATE RELATIVES.—
(A) IN GENERAL.—A spouse or child of an
alien described in paragraph (3) who is included
in a petition for classification as a family-spon-
sored immigrant under section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C.
1153(a)(2)) that was filed by such alien, shall be
considered (if the spouse or child has not been
admitted or approved for lawful permanent resi-
dence by such date) a valid petitioner for imme-
diate 
relative 
status 
under 
section
201(b)(2)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)(i)). Such
spouse or child shall be eligible for deferred ac-
tion, advance parole, and work authorization.
(B) PETITIONS.—An alien spouse or child
described in subparagraph (A) may file a peti-
tion with the Secretary of Homeland Security
for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(b)(2)(A)(i)). For pur-
poses of such Act, such a petition shall be consid-
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ered a petition filed under section 204(a)(1)(A)
of such Act (8 U.S.C. 1154(a)(1)(A)).
(2) SELF-PETITIONS.—Any spouse or child of an
alien described in paragraph (3) who is not a bene-
ficiary of a petition for classification as a family-
sponsored immigrant may file a petition for such
classification under section 201(b)(2)(A)(i) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1151(b)(2)(A)(i)) with the Secretary of Homeland Se-
curity, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child
shall be eligible for deferred action, advance parole,
and work authorization.
(3) ALIEN DESCRIBED.—An alien is described in
this paragraph if the alien—
(A) served honorably in an active duty sta-
tus in the military, air, or naval forces of the
United States;
(B) died as a result of injury or disease in-
curred in or aggravated by combat; and
(C) was granted posthumous citizenship
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1).
(d) PARENTS
OF LAWFUL PERMANENT RESIDENT
ALIENS.—
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(1) SELF-PETITIONS.—Any parent of an alien
described in paragraph (2) may file a petition for
classification under section 201(b)(2)(A)(i) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C.
1151(b)(2)(A)(i)), but only if the parent files a peti-
tion within 2 years after such date. For purposes of
such Act, such petition shall be considered a petition
filed under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)). Such parent shall be eligible for de-
ferred action, advance parole, and work authoriza-
tion.
(2) ALIEN DESCRIBED.—An alien is described in
this paragraph if the alien—
(A) served honorably in an active duty sta-
tus in the military, air, or naval forces of the
United States;
(B) died as a result of injury or disease in-
curred in or aggravated by combat; and
(C) was granted posthumous citizenship
under section 329A of the Immigration and Na-
tionality Act (8 U.S.C. 1440–1).
(e) ADJUSTMENT OF STATUS.—Notwithstanding sub-
sections (a) and (c) of section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255), an alien physically
present in the United States who is the beneficiary of a
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petition under paragraph (1), (2)(B), or (3)(B) of sub-
section (a), paragraph (1)(B) or (2) of subsection (c), or
subsection (d)(1) of this section, may apply to the Secretary
of Homeland Security for adjustment of status to that of
an alien lawfully admitted for permanent residence.
(f) WAIVER
OF CERTAIN GROUNDS
OF INADMIS-
SIBILITY.—In determining the admissibility of any alien
accorded an immigration benefit under this section, the
ground for inadmissibility specified in section 212(a)(4) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
shall not apply, and notwithstanding any other provision
of law, the Secretary of Homeland Security may waive
paragraph (6)(A), (7), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) with
respect to such an alien if the alien establishes exceptional
and extremely unusual hardship to the alien or the alien’s
spouse, parent, or child, who is a citizen of the United
States or an alien lawfully admitted for permanent resi-
dence. Any such waiver by the Secretary of Homeland Secu-
rity shall be in writing and shall be granted only on an
individual basis following an investigation.
(g) BENEFITS
TO SURVIVORS; TECHNICAL AMEND-
MENT.—Section 329A of the Immigration and Nationality
Act (8 U.S.C. 1440–1) is amended—
(1) by striking subsection (e); and
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(2) by striking ‘‘Attorney General’’ each place
that term appears and inserting ‘‘Secretary of Home-
land Security’’.
(h) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 319(d) of the Immigration and Nationality Act (8
U.S.C. 1430(d)) is amended—
(1) by inserting ‘‘, child, or parent’’ after ‘‘sur-
viving spouse’’;
(2) by inserting ‘‘, parent, or child’’ after ‘‘whose
citizen spouse’’; and
(3) by striking ‘‘who was living’’ and inserting
‘‘who, in the case of a surviving spouse, was living’’.
SEC. 665. EFFECTIVE DATE.
This subtitle and the amendments made by this sub-
title shall take effect as if enacted on September 11, 2001.
TITLE VII—HEALTH CARE
SEC. 701. MEDICAL AND DENTAL SCREENING FOR MEM-
BERS OF SELECTED RESERVE UNITS ALERT-
ED FOR MOBILIZATION.
Section 1074a of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(f)(1) At any time after the Secretary concerned noti-
fies members of the Ready Reserve that the members are
to be called or ordered to active duty, the administering
Secretaries may provide to each such member any medical
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and dental screening and care that is necessary to ensure
that the member meets the applicable medical and dental
standards for deployment.
‘‘(2) The screening and care authorized under para-
graph (1) shall include screening and care under
TRICARE, pursuant to eligibility under paragraph (3),
and continuation of care benefits under paragraph (4).
‘‘(3)(A) Members of the Selected Reserve of the Ready
Reserve and members of the Individual Ready Reserve de-
scribed in section 10144(b) of this title are eligible, subject
to subparagraph (I), to enroll in TRICARE.
‘‘(B) A member eligible under subparagraph (A) may
enroll for either of the following types of coverage:
‘‘(i) Self alone coverage.
‘‘(ii) Self and family coverage.
‘‘(C) 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.
‘‘(D) The Secretary of Defense shall provide for at least
one open enrollment period each year. During an open en-
rollment period, a member eligible under subparagraph (A)
may enroll in the TRICARE program or change or termi-
nate an enrollment in the TRICARE program.
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‘‘(E) A member and the dependents of a member en-
rolled in the TRICARE program under this paragraph
shall be entitled to the same benefits under this chapter as
a member of the uniformed services on active duty or a de-
pendent of such a member, respectively. Section 1074(c) of
this title shall apply with respect to a member enrolled in
the TRICARE program under this section.
‘‘(F)(i) An enlisted member of the armed forces en-
rolled in the TRICARE program under this section shall
pay an annual premium of $330 for self-only coverage and
$560 for self and family coverage for which enrolled under
this section.
‘‘(ii) An officer of the armed forces enrolled in the
TRICARE program under this section shall pay an annual
premium of $380 for self-only coverage and $610 for self
and family coverage for which enrolled under this section.
‘‘(iii) The premiums payable by a member under this
subparagraph 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 require-
ments and procedures applicable to the payment of pre-
miums by members not entitled to such basic pay or com-
pensation.