Page:United States Statutes at Large Volume 117.djvu/1498

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1479

‘‘(1) Failure of the applicant to provide any documentation as required by the Secretary shall not in itself disqualify the application from being considered. ‘‘(2) In evaluating the application, the Secretary shall consider (A) historical information as to the prison camp or other circumstances in which the applicant was held captive, and (B) the length of time that the applicant was held captive. ‘‘(3) To the extent that information is readily available, the Secretary shall assist the applicant in obtaining information or identifying the sources of information referred to in paragraph (2). ‘‘(4) The Secretary shall review a completed application under this section based upon the totality of the information presented, taking 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.’’. SEC. 545. AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFICERS TO HOLD STATE AND LOCAL OFFICE NOTWITHSTANDING CALL TO ACTIVE DUTY.

Section 973(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (4) as paragraph (5); (2) in paragraph (3)— (A) by inserting ‘‘by reason of subparagraph (A) of paragraph (1)’’ after ‘‘applies’’; and (B) by striking ‘‘, the District of Columbia,’’ and all that follows through ‘‘such government)’’ and inserting ‘‘(or of any political subdivision of a State)’’; and (3) by inserting after paragraph (3) the following new paragraph (4): ‘‘(4)(A) An officer to whom this subsection applies by reason of subparagraph (B) or (C) of paragraph (1) may not hold, by election or appointment, a civil office in the government of a State (or of any political subdivision of a State) if the holding of such office while this subsection so applies to the officer— ‘‘(i) is prohibited under the laws of that State; or ‘‘(ii) as determined by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, interferes with the performance of the officer’s duties as an officer of the armed forces. ‘‘(B) Except as otherwise authorized by law, while an officer referred to in subparagraph (A) is serving on active duty, the officer may not exercise the functions of a civil office held by the officer as described in that subparagraph.’’; and (4) by adding at the end the following: ‘‘(6) In this subsection, the term ‘State’ includes the District of Columbia and a territory, possession, or commonwealth of the United States.’’. SEC. 546. POLICY ON PUBLIC IDENTIFICATION OF CASUALTIES.

(a) REQUIREMENT FOR POLICY.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe the policy of the Department of Defense on public release of 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 training is

VerDate 11-MAY-2000

10 USC 113 note. Deadline.

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