Page:United States Statutes at Large Volume 117.djvu/1128

 PUBLIC LAW 108–87—SEPT. 30, 2003

117 STAT. 1109

of this section, any other cost of dismantling the submarine, and the cost of any recycling or disposal of equipment and materiel removed from the submarine before transfer. (d) Subsection (d) of section 7306 of title 10, United States Code, does not apply to the transfer required under subsection (a). SEC. 8146. FISCAL YEAR 2004 EXEMPTION FOR CERTAIN MEMBERS OF THE ARMED FORCES FROM REQUIREMENT TO PAY SUBSISTENCE CHARGES WHILE HOSPITALIZED. (a) IN GENERAL.—Section 1075 of title 10, United States Code, is amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘When’’; and (2) by striking the second sentence and inserting the following: ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to any of the following: ‘‘(1) An enlisted member, or former enlisted member, of a uniformed service who is entitled to retired or retainer pay or equivalent pay. ‘‘(2) An officer or former officer of a uniformed service, or an enlisted member or former enlisted member of a uniformed service not described in paragraph (1), who is hospitalized under section 1074 because of an injury incurred (as determined under criteria prescribed by the Secretary of Defense)— ‘‘(A) as a direct result of armed conflict; ‘‘(B) while engaged in hazardous service; ‘‘(C) in the performance of duty under conditions simulating war; or ‘‘(D) through an instrumentality of war. ‘‘(c) APPLICABILITY.—The exception provided in paragraph (2) of subsection (b) shall apply only during fiscal year 2004.’’. (b) EFFECTIVE DATE.—Subsections (b) and (c) of section 1075 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2003, and apply with respect to injuries incurred before, on, or after that date. This Act may be cited as the ‘‘Department of Defense Appropriations Act, 2004’’.

10 USC 1075 note.

Approved September 30, 2003.

LEGISLATIVE HISTORY—H.R. 2658 (S. 1382): HOUSE REPORTS: Nos. 108–187 (Comm. on Appropriations) and 108–283 (Comm. of Conference). SENATE REPORTS: No. 108–87 accompanying S. 1382 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 149 (2003): July 8, considered and passed House. July 14–17, considered and passed Senate, amended. Sept. 24, House agreed to conference report. Sept. 25, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): Sept. 30, Presidential statement.

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