137
(f) TRANSFER OF MEMBERS OF THE FLEET RE-
SERVE AND FLEET MARINE CORPS RESERVE TO THE RE-
TIRED LIST.—Section 6331(a) of such title is amended
by striking ‘‘completed 30 years’’ and inserting ‘‘has at
least 30 years’’.
(g) EFFECTIVE DATE.—The Secretary of the Navy
shall prescribe the date on which the amendments made
by this section shall take effect. The Secretary shall pub-
lish such date, when prescribed, in the Federal Register.
SEC. 544. STANDARDIZATION OF STATUTORY AUTHORITIES
FOR EXEMPTIONS FROM REQUIREMENT FOR
ACCESS TO SECONDARY SCHOOLS BY MILI-
TARY RECRUITERS.
(a) CONSISTENCY WITH ELEMENTARY
AND SEC-
ONDARY EDUCATION ACT OF 1965.—Paragraph (5) of
section 503(c) of title 10, United States Code, is amended
by striking ‘‘apply to—’’ and all that follows through
‘‘school which’’ and inserting ‘‘apply to a private sec-
ondary school that’’.
(b) CORRECTION
OF CROSS REFERENCE.—Para-
graph (6)(A)(i) of such section is amended by striking
‘‘14101’’ and ‘‘8801’’ and inserting ‘‘9101’’ and ‘‘7801’’,
respectively.
138
SEC. 545. PROCEDURES FOR CONSIDERATION OF APPLICA-
TIONS FOR AWARD OF THE PURPLE HEART
MEDAL TO VETERANS HELD AS PRISONERS
OF WAR BEFORE APRIL 25, 1962.
Subsection (b) of section 521 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 309; 10 U.S.C. 1129 note) is amended to
read as follows:
‘‘(b) STANDARDS AND PROCEDURES FOR AWARD.—
In determining whether a former prisoner of war is eligible
for the award of the Purple Heart under subsection (a),
the Secretary concerned shall apply the following proce-
dures:
‘‘(1) The standard to be used by the Secretary
concerned for awarding the Purple Heart under this
section shall be to award the Purple Heart in any
case in which a prisoner of war (A) was wounded
while in captivity, or (B) while in captivity was sub-
jected to systematic and prolonged deprivation of
food, medical treatment, and other forms of depriva-
tion or mistreatment likely to have prolonged
aftereffects on the individual concerned.
‘‘(2) When a former prisoner of war applies for
the Purple Heart under subsection (a), the Secretary
concerned may request the former prisoner of war to
provide any documentation that the Secretary would
139
otherwise require, but failure of the former prisoner
of war to provide such documentation shall not by
itself be a disqualification for award of the Purple
Heart.
‘‘(3) The Secretary concerned shall inform the
former prisoner of war that historical information as
to the prison camp or other circumstances in which
the former prisoner of war was held captive and
other information as to the circumstances of the
former prisoner of war’s captivity may be considered
by the Secretary in evaluating the application for the
award of the Purple Heart and that the former pris-
oner of war may submit such information.
‘‘(4) The Secretary concerned shall provide as-
sistance to the applicant for the Purple Heart in ob-
taining information referred to in paragraph (3).
‘‘(5) The Secretary shall review a completed ap-
plication under this section based upon the totality
of the evidence presented and shall take into account
the length of time between the period during which
the applicant was held as a prisoner of war and the
date of the application.
‘‘(6) In considering an application under this
section, the Secretary shall take into account the
length of time that the applicant was held in cap-
140
tivity, which while not in itself establishing entitle-
ment of the applicant to award of the Purple Heart,
can and should be a factor in determining whether
a former prisoner of war was likely to have been
wounded, starved, or denied medical treatment to
the extent likely to have prolonged aftereffects on
the individual concerned.’’.
SEC. 546. AUTHORITY FOR RESERVE AND RETIRED REG-
ULAR OFFICERS TO HOLD STATE AND LOCAL
ELECTIVE OFFICE NOTWITHSTANDING CALL
TO ACTIVE DUTY.
Section 973(b)(3) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(2) by adding at the end the following:
‘‘(B) The prohibition in subparagraph (A) does not
apply to the functions of a civil office held by election,
in the case of an officer to whom this subsection applies
by reason of subparagraph (B) or (C) of paragraph (1).’’.
141
SEC. 547. CLARIFICATION OF OFFENSE UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE RELAT-
ING TO DRUNKEN OR RECKLESS OPERATION
OF A VEHICLE, AIRCRAFT, OR VESSEL.
Section 991 of title 10, United States Code (article
111 of the Uniform Code of Military Justice), is
amended—
(1) in subsection (a)(2) by striking ‘‘in excess
of’’ and inserting ‘‘at, or in excess of,’’; and
(2) in subsection (b)(4), by striking ‘‘maximum
permissible’’ and all that follows through the period
at the end and inserting ‘‘amount of alcohol con-
centration in a person’s blood or breath at which op-
eration or control of a vehicle, aircraft, or vessel is
prohibited.’’.
SEC. 548. PUBLIC IDENTIFICATION OF CASUALTIES NO
SOONER THAN 24 HOURS AFTER NOTIFICA-
TION OF NEXT-OF-KIN.
The Secretary of Defense may not publicly release the
name or other personally identifying information of any
member of the Army, Navy, Air Force, or Marine Corps
who while on active duty or performing inactive duty train-
ing is killed or injured, whose duty status becomes un-
known, or who is otherwise considered to be a casualty
until a period of 24 hours has elapsed after the notifica-
tion of the next-of-kin of such member.
142
Subtitle F—Benefits
SEC. 551. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE
TO PARTICIPATE IN THE FEDERAL LONG-
TERM CARE INSURANCE PROGRAM.
(a) CERTAIN EMPLOYEES OF THE DISTRICT OF CO-
LUMBIA
GOVERNMENT.—Section 9001(1) of title 5,
United States Code, is amended by striking ‘‘2105(c),’’
and all that follows and inserting ‘‘2105(c).’’.
(b) FORMER FEDERAL EMPLOYEES WHO WOULD BE
ELIGIBLE TO BEGIN RECEIVING AN ANNUITY UPON AT-
TAINING
THE
REQUISITE
MINIMUM
AGE.—Section
9001(2) of title 5, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) any former employee who, on the
basis of his or her service, would meet all re-
quirements for being considered an ‘annuitant’
within the meaning of subchapter III of chapter
83, chapter 84, or any other retirement system
for employees of the Government, but for the
fact that such former employee has not attained
the minimum age for title to annuity.’’.
143
(c) RESERVISTS TRANSFERRED TO THE RETIRED
RESERVE WHO ARE UNDER AGE 60.—Section 9001(4)
of title 5, United States Code, is amended by striking ‘‘in-
cluding’’ and all that follows through ‘‘who has’’ and in-
serting ‘‘and a member who has been transferred to the
Retired Reserve and who would be entitled to retired pay
under chapter 1223 of title 10 but for not having’’.
SEC. 552. AUTHORITY TO TRANSPORT REMAINS OF RETIR-
EES AND RETIREE DEPENDENTS WHO DIE IN
MILITARY TREATMENT FACILITIES OUTSIDE
THE UNITED STATES.
(a) AUTHORIZED TRANSPORTATION.—Section 1490
of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘located in the
United States’’; and
(2) in subsection (b)(1), by striking ‘‘outside
the United States or to a place’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of
such section is amended to read as follows:
‘‘(c) DEFINITION OF DEPENDENT.—In this section,
the term ‘dependent’ has the meaning given such term in
section 1072(2) of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply only with respect to persons dying
on or after the date of the enactment of this Act.
144
SEC. 553. ELIGIBILITY FOR DEPENDENTS OF CERTAIN MO-
BILIZED RESERVISTS STATIONED OVERSEAS
TO ATTEND DEFENSE DEPENDENTS SCHOOLS
OVERSEAS.
(a) TUITION-FREE STATUS PARITY WITH DEPEND-
ENTS OF OTHER RESERVISTS.—Section 1404(c) of the
Defense Dependents’ Education Act of 1978 (20 U.S.C.
923(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) The Secretary shall include in the regulations
prescribed under this subsection a requirement that chil-
dren in the class of children described in subparagraph
(B) shall be subject to the same tuition requirements, or
waiver of tuition requirements, as children in the class of
children described in subparagraph (C).
‘‘(B) The class of children described in this subpara-
graph are children of members of reserve components of
the Armed Forces who—
‘‘(i) are on active duty under an order to active
duty under section 12301 or 12302 of title 10,
United States Code;
‘‘(ii) were ordered to active duty from a location
in the United States (other than in Alaska or Ha-
waii); and
145
‘‘(iii) are serving on active duty outside the
United States or in Alaska or Hawaii in a tour of
duty that (voluntarily or involuntarily) has been ex-
tended to a period in excess of one year.
‘‘(C) The class of children described in this subpara-
graph are children of members of reserve components of
the Armed Forces who—
‘‘(i) are on active duty under an order to active
duty under section 12301 or 12302 of title 10,
United States Code;
‘‘(ii) were ordered to active duty from a location
outside the United States (or in Alaska or Hawaii);
and
‘‘(iii) are serving on active duty outside the
United States or in Alaska or Hawaii.’’.
(b) CLERICAL AMENDMENT.—The heading of such
section is amended to read as follows:
‘‘SPACE-AVAILABLE ENROLLMENT OF STUDENTS;
TUITION’’.
(c) IMPLEMENTATION OF REQUIRED NEW REGULA-
TIONS.—Regulations required by paragraph (2) of section
1404(c) of the Defense Dependents’ Education Act of
1978 (20 U.S.C. 923(c)), as added by subsection (a), shall
be prescribed as soon as practicable after the date of the
enactment of this Act in order to provide the earliest op-
portunity for dependents covered by that paragraph to en-
146
roll in Department of Defense dependents’ schools, and
in no event later than the beginning of the first school
term beginning after the date of the enactment of this Act.
Subtitle G—Other Matters
SEC. 561. EXTENSION OF REQUIREMENT FOR EXEMPLARY
CONDUCT BY COMMANDING OFFICERS AND
OTHERS IN AUTHORITY TO INCLUDE CIVIL-
IANS IN AUTHORITY IN THE DEPARTMENT OF
DEFENSE.
(a) IN GENERAL.—(1) Chapter 50 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 992. Requirement of exemplary conduct: com-
manding officers and others in authority
‘‘All commanding officers and others in authority in
the Department of Defense are required—
‘‘(1) to show in themselves a good example of
virtue, honor, patriotism, and subordination;
‘‘(2) to be vigilant in inspecting the conduct of
all persons who are placed under their command or
charge;
‘‘(3) to guard against and to suppress all disso-
lute and immoral practices and to correct, according
to applicable laws and regulations, all persons who
are guilty of them; and
147
‘‘(4) to take all necessary and proper measures,
under the laws, regulations, and customs applicable
to the armed forces, to promote and safeguard the
morale, the physical well-being, and the general wel-
fare of all under their command or charge.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘992. Requirement of exemplary conduct: commanding officers and others in au-
thority.’’.
(b) CONFORMING REPEALS.—Title 10, United States
Code, is further amended as follows:
(1) Section 3583, 5947, and 8583 are repealed.
(2)(A) The table of sections at the beginning of
chapter 345 is amended by striking the item relating
to section 3583.
(B) The table of sections at the beginning of
chapter 551 is amended by striking the item relating
to section 5947.
(C) The table of sections at the beginning of
chapter 845 is amended by striking the item relating
to section 8583.
SEC. 562. RECOGNITION OF MILITARY FAMILIES.
(a) FINDINGS.—Congress makes the following find-
ings:
148
(1) The families of both active and reserve com-
ponent military personnel, through their sacrifices
and their dedication to the Nation and its values,
contribute immeasurably to the readiness of the Na-
tion’s Armed Forces.
(2) Without the continued support of military
families, the Nation’s ability to sustain a high qual-
ity all-volunteer military force would be undermined.
(3) In these perilous and challenging times,
with hundreds of thousands of active and reserve
military personnel deployed overseas in places of
combat and imminent danger, military families are
making extraordinary sacrifices and will be required
to do so for the foreseeable future.
(4) Beginning in 1997, military family service
and support centers have received materials from
private, non-profit organizational sources which are
designed to encourage and assist those centers in
conducting activities to celebrate the American mili-
tary family during the Thanksgiving period each No-
vember.
(b) MILITARY FAMILY RECOGNITION.— In view of
the findings in subsection (a), Congress determines that
it is appropriate that special measures be taken annually
to recognize and honor the American military family.
149
(c) DEPARTMENT OF DEFENSE PROGRAMS AND AC-
TIVITIES.—The Secretary of Defense shall—
(1) implement and sustain programs, including
appropriate ceremonies and activities, to celebrate
the contributions and sacrifices of the American
military family, including both families of both ac-
tive and reserve component military personnel;
(2) focus the celebration of the American mili-
tary family during a specific period of each year to
give full and proper highlight to those families; and
(3) seek the assistance and support of appro-
priate civilian organizations, associations, and other
entities in carrying out not only the annual celebra-
tion of the American military family, but also in sus-
taining longer-term efforts.
SEC. 563. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE
PROGRAM FOR FISCAL YEAR 2004.—Of the amount au-
thorized to be appropriated pursuant to section 301(5) for
operation and maintenance for Defense-wide activities,
$35,000,000 shall be available only for the purpose of pro-
150
viding educational agencies assistance to local educational
agencies.
(b) NOTIFICATION.—Not later than June 30, 2004,
the Secretary of Defense shall notify each local edu-
cational agency that is eligible for educational agencies as-
sistance for fiscal year 2004 of—
(1) that agency’s eligibility for the assistance;
and
(2) the amount of the assistance for which that
agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of
Defense shall disburse funds made available under sub-
section (a) not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has
the meaning given that term in section 8013(9) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
151
SEC. 564. PERMANENT AUTHORITY FOR SUPPORT FOR CER-
TAIN CHAPLAIN-LED MILITARY FAMILY SUP-
PORT PROGRAMS.
(a) IN GENERAL.—(1) Chapter 88 of title 10, United
States Code, is amended by inserting at the end of sub-
chapter I the following new section:
‘‘§ 1789. Chaplain-led programs: authorized support
‘‘(a) AUTHORITY.—The Secretary of a military de-
partment may provide support services described in sub-
section (b) to support chaplain-led programs to assist
members of the armed forces on active duty and their im-
mediate family members, and members of reserve compo-
nents in an active status and their immediate family mem-
bers, in building and maintaining a strong family struc-
ture.
‘‘(b) AUTHORIZED SUPPORT SERVICES.—The sup-
port services referred to in subsection (a) are costs of
transportation, food, lodging, child care, supplies, fees,
and training materials for members of the armed forces
and their family members while participating in programs
referred to in that subsection, including participation at
retreats and conferences.
‘‘(c) IMMEDIATE FAMILY MEMBERS.—In this section,
the term ‘immediate family members’, with respect to a
member of the armed forces, means—
‘‘(1) the member’s spouse; and
152
‘‘(2) any child (as defined in section 1072(6) of
this title) of the member who is described in sub-
paragraph (D) of section 1072(2) of this title.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating
to section 1788 the following new item:
‘‘1789. Chaplain-led programs: authorized support.’’.
(b) EFFECTIVE DATE.—Section 1789 of title 10,
United States Code, as added by subsection (a), shall take
effect on October 1, 2003.
SEC. 565. DEPARTMENT OF DEFENSE-DEPARTMENT OF
VETERANS AFFAIRS JOINT EXECUTIVE COM-
MITTEE.
(a) ESTABLISHMENT
OF JOINT COMMITTEE.—(1)
Chapter 3 of title 38, United States Code, is amended by
adding at the end the following new section:
‘‘§ 320. Department of Veterans Affairs-Department of
Defense Joint Executive Committee
‘‘(a) JOINT EXECUTIVE COMMITTEE.—(1) There is
established an interagency committee to be known as the
Department of Veterans Affairs-Department of Defense
Joint Executive Committee (hereinafter in this section re-
ferred to as the ‘Committee’).
‘‘(2) The Committee is composed of—
‘‘(A) the Deputy Secretary of Veterans Affairs
and such other officers and employees of the Depart-
153
ment of Veterans Affairs as the Secretary of Vet-
erans Affairs may designate; and
‘‘(B) the Under Secretary of Defense for Per-
sonnel and Readiness and such other officers and
employees of the Department of Defense as the Sec-
retary of Defense may designate.
‘‘(b) ADMINISTRATIVE MATTERS.—(1) The Deputy
Secretary of Veterans Affairs and the Under Secretary of
Defense shall determine the size and structure of the Com-
mittee, as well as the administrative and procedural guide-
lines for the operation of the Committee.
‘‘(2) The two Departments shall supply appropriate
staff and resources to provide administrative support and
services. Support for such purposes shall be provided at
a level sufficient for the efficient operation of the Com-
mittee, including a subordinate Health Executive Com-
mittee, a subordinate Benefits Executive Committee, and
such other committees or working groups as considered
necessary by the Deputy Secretary and Under Secretary.
‘‘(c) RECOMMENDATIONS.—(1) The Committee shall
recommend to the Secretaries strategic direction for the
joint coordination and sharing efforts between and within
the two Departments under section 8111 of this title and
shall oversee implementation of those efforts.