10 USC 115 note. SEC. 368. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT Section 391 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note), as amended by section 364 of Public Law 107-107 (115 Stat. 1068), is further amended (1) in subsection (f), by striking "September 30, 2003" and inserting "September 30, 2004"; and (2) by striking subsection (g). SEC. 369. EXPANDED ELIGIBILITY FOR LOAN, GIFT, OR EXCHANGE Section 2572(a)(3) of title 10, United States Code, is amended by inserting before the period the following: "or a nonprofit military aviation heritage foundation or association incorporated in a State". TITLE IV-MILITARY PERSONNEL AUTHORIZATIONS Subtitle A-Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent end strength minimum levels. Sec. 403. Expanded authority for administrative increases in statutory active-duty end strengths. Sec. 404. General and flag officer management. Sec. 405. Extension of certain authorities relating to management of numbers of general and flag officers in certain grades. Sec. 406. Increase in authorized strengths for Marine Corps officers on active duty in the grade of colonel. Subtitle B-Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 414. Fiscal year 2003 limitation on non-dual status technicians. Subtitle C-Authorization of Appropriations Sec. 421. Authorization of appropriations for military personnel. Subtitle A-Active Forces SEC. 401. END STRENGTHS FOR ACTIVE FORCES. The Armed Forces are authorized strengths for active duty personnel as of September 30, 2003, as follows: (1) The Army, 480,000. (2) The Navy, 375,700. (3) The Marine Corps, 175,000. (4) The Air Force, 359,000. SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS. (a) REVISED END STRENGTH FLOORS.-Subsection (b) of section 691 of title 10, United States Code, is amended (1) in paragraph (2), by striking "376,000" and inserting "375,700"; (2) in paragraph (3), by striking "172,600" and inserting "175,000"; and (3) in paragraph (4), by striking "358,800" and inserting "359,000". (b) REPEAL OF SECRETARY OF DEFENSE AUTHORITY.-Subsection (e) of such section is repealed. FLEXIBILITY SEC. 403. EXPANDED AUTHORITY FOR ADMINISTRATIVE INCREASES (a) SECRETARY OF DEFENSE AUTHORITY.-Subsection (c)(1) of section 115 of title 10, United States Code, is amended by striking "2 percent" and inserting "3 percent". (b) SERVICE SECRETARY AUTHORITY.-Such section is further amended by inserting after subsection (e) the following new subsection: "(f) Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for any of the armed forces under the jurisdiction of that Secretary. Any such increase for a fiscal year "(1) shall be by a number equal to not more than 2 percent of such authorized end strength; and "(2) shall be counted as part of the increase for that armed force for that fiscal year authorized under subsection (c)(1).". SEC. 404. GENERAL AND FLAG OFFICER MANAGEMENT. (a) EXCLUSION OF SENIOR MILITARY ASSISTANT TO THE SECRETARY OF DEFENSE FROM LIMITATION ON ACTIVE DUTY OFFICERS IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.-Effective Effective date. on the date specified in subsection (d), section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: *(8) An officer while serving in a position designated by the Secretary of Defense as Senior Military Assistant to the Secretary of Defense, if serving in the grade of lieutenant general or vice admiral, is in addition to the number that otherwise would be permitted for that officer's armed force for that grade under paragraph (1) or (2). Only one officer may be designated as Senior Military Assistant to the Secretary of Defense for purposes of this paragraph.". (b) INCREASE IN NUMBER OF LIEUTENANT GENERALS AUTHORIZED FOR THE MARINE CORPS.-Paragraph (2)(B) of such section is amended by striking "16.2 percent" and inserting "17.5 percent". (c) REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG 10 USC 525 note. OFFICER AUTHORIZATIONS.—(1) The Secretary of Defense shall Reports. submit to Congress a report containing any recommendations of the Secretary (together with the rationale of the Secretary for the recommendations) concerning the following: (A) Revision of the limitations on general and flag officer grade authorizations and distribution in grade prescribed by sections 525, 526, and 12004 of title 10, United States Code. (B) Statutory designation of the positions and grades of any additional general and flag officers in the commands specified in chapter 1006 of title 10, United States Code, and the reserve component offices specified in sections 3038, 5143, 5144, and 8038 of such title. (2) The provisions of subsection (b) through (e) of section 1213 Applicability. of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2694) shall apply to the report 99-194 O-03-4: QL 3 Part 4 10 USC 525 note. under paragraph (1) in the same manner as they applied to the report required by subsection (a) of that section. (d) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect on the date of the receipt by Congress of the report required by subsection (c). SEC. 405. EXTENSION OF CERTAIN AUTHORITIES RELATING TO (a) SENIOR JOINT OFFICER POSITIONS.-Section 604(c) of title 10, United States Code, is amended by striking "September 30, 2003" and inserting "December 31, 2004". (b) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY IN GENERAL AND FLAG OFFICER GRADES.-Section 525(b)(5)(C) of such title is amended by striking "September 30, 2003" and inserting "December 31, 2004". (c) AUTHORIZED STRENGTH FOR GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.-Section 526(b)(3) of such title is amended by striking "October 1, 2002" and inserting "December 31, 2004". SEC. 406. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS The table in section 523(a)(1) of title 10, United States Code, is amended by striking the figures under the heading "Colonel" in the portion of the table relating to the Marine Corps and inserting the following: 10 USC 12001 note. "571 632 653 673 694 715 Subtitle B-Reserve Forces SEC. 411. END STRENGTHS FOR SELECTED RESERVE. (a) IN GENERAL.-The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2003, as follows: (1) The Army National Guard of the United States, 350,000. (2) The Army Reserve, 205,000. (3) The Naval Reserve, 87,800. (4) The Marine Corps Reserve, 39,558. (5) The Air National Guard of the United States, 106,600. (6) The Air Force Reserve, 75,600. (7) The Coast Guard Reserve, 9,000. (b) ADJUSTMENTS.-The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members. SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP- 10 USC 12001 PORT OF THE RESERVES. note. Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2003, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 24,562. (3) The Naval Reserve, 14,572. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 11,727. (6) The Air Force Reserve, 1,498. SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 10 USC 115 note. STATUS). The minimum number of military technicians (dual status) as of the last day of fiscal year 2003 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 24,102. (2) For the Army Reserve, 6,599. (3) For the Air National Guard of the United States, 22,495. (4) For the Air Force Reserve, 9,911. SEC. 414. FISCAL YEAR 2003 LIMITATION ON NON-DUAL STATUS (a) ARMY.-The number of non-dual status technicians employed by the reserve components of the Army as of September 30, 2003, may not exceed the following: (1) For the Army Reserve, 995. (2) For the Army National Guard of the United States, 1,600, to be counted within the limitation specified in section. 10217(c)(2) of title 10, United States Code. (b) AIR FORCE.-The number of non-dual status technicians employed by the reserve components of the Army and the Air Force as of September 30, 2003, may not exceed the following: (1) For the Air Force Reserve, 90. (2) For the Air National Guard of the United States, 350, to be counted within the limitation specified in section 10217(c)(2) of title 10, United States Code. (c) NON-DUAL STATUS TECHNICIANS DEFINED.-In this section, the term "non-dual status technician" has the meaning given that term in section 10217(a) of title 10, United States Code. (d) TECHNICAL AMENDMENTS.-Section 10217(c)(2) of title 10, United States Code, is amended (1) in the first sentence, by striking "Effective October 1, 2002, the" and inserting "The"; and (2) in the second sentence, by striking "after the preceding sentence takes effect". Subtitle C-Authorization of Appropriations SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL. There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2003 a total of $93,829,525,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2003. TITLE V-MILITARY PERSONNEL POLICY Subtitle A-Officer Personnel Policy Sec. 501. Extension of good-of-the-service waiver authority for officers appointed to a Reserve Chief or Guard Director position. Sec. 502. Exclusion of certain officers from limitation on authority to grant a waiver of required completion or sequencing for joint professional military education. Sec. 503. Extension and codification of authority for recall of retired aviators to active duty. Sec. 504. Grades for certain positions. Sec. 505. Reinstatement of authority to reduce three-year time-in-grade requirement for retirement in grade for officers in grades above major and lieutenant commander. Sec. 506. Authority to require that an officer take leave pending review of a recommendation for removal by a board of inquiry. Subtitle B-Reserve Component Management Sec. 511. Reviews of National Guard strength accounting and management and other issues. Sec. 512. Courts-martial for the National Guard when not in Federal service. 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. Sec. 514. Use of Reserves to perform duties relating to defense against terrorism. Sec. 515. Repeal of prohibition on use of Air Force Reserve AGR personnel for Air Force base security functions. 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 promotion under the one-year rule. Sec. 522. Authority for limited extension of medical deferment of mandatory retirement or separation of reserve component officers. Subtitle D-Enlistment, Education, and Training Programs Sec. 531. Enlistment incentives for pursuit of skills to facilitate national service. Sec. 532. Authority for phased increase to 4,400 in authorized strengths for the service academies. Sec. 533. Enhancement of reserve component delayed training program. Sec. 534. Review of Armed Forces programs for preparation for, participation in, and conduct of athletic competitions. Sec. 535. Repeal of bar to eligibility of Army College First program participants for benefits under student loan repayment program. |