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S. 2248 (97th): Department of Defense Authorization Act, 1983


The text of the bill below is as of Sep 8, 1982 (Passed Congress).

Summary of this bill

Source: Wikipedia

The Uniformed Services Former Spouses' Protection Act (or USFSPA) is a U.S. federal law enacted on September 8, 1982 to address issues that arise when a member of the military divorces, and primarily concerns jointly-earned marital property consisting of benefits earned during marriage and while one of the spouses (or both) is a military service member. The divisibility of U.S. military retirement payments in divorce proceedings has had a turbulent legislative and legal history, and the USFSPA has not closely tracked its civilian cousin enacted in 1975, the Employee Retirement Income Security Act (ERISA), although they are similar in some respects with regard to public policy aims.

This summary …


96 STAT. 718                     PUBLIC LAW 97-252—SEPT. 8, 1982
                 Public Law 97-252
                 97th Congress
                                                    An Act
                 To authorize appropriations for fiscal year 1983 for the Armed Forces for procure-
                   ment, for research, development, test, and evaluation, and for operation and
 Sept. 8, 1982     maintenance, to prescribe personnel strengths for such fiscal year for the Armed
   ro 22481        Forces and for civilian employees of the Department of Defense, to authorize
   ^ '      •'     appropriations for such fiscal year for civil defense, to authorize supplemental
                   appropriations for fiscal year 1982, and for other purposes.

                   Be it enacted by the Senate and House of Representatives of the
Department of    United States of America in Congress assembled, That this Act may
Defense          be cited as the "Department of Defense Authorization Act, 1983".
Authorization                           '^
Act, 1983.
                                         TITLE I—PROCUREMENT

                                 AUTHORIZATION OF APPROPRIATIONS, ARMY

                   SEC. 101. Funds are hereby authorized to be appropriated for fiscal
                 year 1983 for procurement of aircraft, missiles, weapons and tracked
                 combat vehicles, and ammunition and for other procurement for the
                 Army as follows:
                       For aircraft, $2,541,600,000.
                       For missiles, $2,846,600,000.
                       For weapons and tracked combat vehicles, $4,707,600,000.
                       For ammunition, $2,486,400,000.
                       For other procurement, $4,391,100,000.

                     AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS

                    SEC. 102. (a) AIRCRAFT.—Funds are hereby authorized to be appro-
                 priated for fiscal year 1983 for procurement of aircraft for the Navy
                 in the amount of $11,304,600,000.
                    (b) WEAPONS.—Funds are hereby authorized to be appropriated for
                 fiscal year 1983 for procurement of weapons (including missiles and
                 torpedoes) for the Navy as follows:
                         For missile programs, $3,058,600,000.
                         For the MK-48 torpedo program, $134,300,000.
                         For the MK-46 torpedo program, $141,200,000.
                         For the MK-60 torpedo program, $151,400,000.
                         For the MK-30 mobile target program, $19,400,000.
                         For the MK-38 mini-mobile target program, $2,300,000.
                         For the anti-submarine rocket (ASRCKD) program, $10,100,000.
                         For the modification of torpedoes, $89,300,000.
                         For the torpedo support equipment program, $66,900,000.
                         For the MK-15 close-in weapons system program,
                      $118,700,000.
                         For the MK-75 76-millimeter gun mount program,
                      $10,700,000.
                         For the MK-19 gun mount program, $400,000.
                         For the 25-millimeter gun mount program, $400,000.
                         For the modification of guns and gun mounts, $19,700,000.

PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 719 For the guns and gun mounts support equipment program, $17,500,000. (c) SHIPBUILDING AND CONVERSION.—Funds are hereby authorized to be appropriated for fiscal year 1983 for shipbuilding and conver- sion for the Navy as follows: For the Trident submarine program, $1,786,000,000. For the CVN nuclear aircraft carrier program, $6,795,300,000. For the SSN-688 nuclear attack submarine program, $1,443,400,000. For the battleship reactivation program, $417,400,000. For the aircraft carrier service life extension program, $699,500,000. For the CG-47 Aegis cruiser program, $3,134,400,000. For the LSD-41 landing ship dock program, $417,000,000. For the LHD-1 air-capable amphibious ship program, $55,000,000. For the FFG-7 guided missile frigate program, $706,400,000, of which $40,000,000 is available only for an X-band phased array radar. For the mine countermeasures (MCM> ship program, $371,600,000. For the T-AO fleet oiler ship program, $320,000,000. For the ARS salvage ship program, $84,000,000. For the TAKRX fast logistic ship program, $322,600,000. For the TAHX hospital ship program, $300,000,000. For service craft and landing craft, $162,100,000. For outfitting, post delivery, cost growth, and escalation on prior year programs, $828,100,000. For ship contract design, $97,200,000. For the manufacturing technology program, $25,000,000. (d) OTHER.—Funds are hereby authorized to be appropriated for fiscal year 1983 for other procurement for the Navy in the amount of $3,936,500,000, of which— (1) the sum of $568,900,000 is available only for the ship support equipment program; (2) the sum of $1,484,600,000 is available only for the commu- nications and electronics equipment program; and (3) the sum of $786,200,000 is available only for the ordnance support equipment program. (e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement for the Marine Corps (including missiles, tracked combat vehicles, and other weapons) in the amount of $2,131,600,000. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE SEC. 103. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement of aircraft and missiles and for other procurement for the Air Force as follows: For aircraft, $17,485,700,000. For missiles, $6,038,700,000. For other procurement, $5,656,700,000. (b) Of the funds authorized to be appropriated in this section for aircraft for the Air Force, the sum of $186,100,000 is available only for contribution by the United States as its share of the cost for fiscal year 1983 of acquisition by the North Atlantic Treaty Organi- zation of the Airborne Warning and Control System (AWACS).
96 STAT. 720 PUBLIC LAW 97-252—SEPT. 8, 1982 (c) Of the funds authorized to be appropriated in this section for missiles for the Air Force, the sum of $988,000,000 is available only for the Advanced Intercontinental Ballistic Missile (MX) program. Of such amount, $158,000,000 is authorized for basing and deploy- ment and may not be obligated until the President completes his review of alternative MX missile system basing modes and notifies the Congress, in writing, of the basing mode in which the MX missile system will be deployed and thirty days of session of Con- gress have expired after the receipt by Congress of such notice. For the purpose of determining days of session of Congress under the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or an adjournment sine die. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE COMPONENTS SEC. 104. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, other weapons, and other pro- curement for the reserve components of the Armed Forces as follows: For the Army National Guard, $50,000,000. For the Air National Guard, $30,000,000. For the Army Reserve, $30,000,000. For the Naval Reserve, $30,000,000. For the Marine Corps Reserve, $30,000,000. For the Air Force Reserve, $30,000,000. (h) The authorizations of appropriations contained in subsection (a) are in addition to any other amounts authorized to be appropri- ated by this or any other Act. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES SEC. 105. Funds are hereby authorized to be appropriated for fiscal year 1983 for procurement by the Defense agencies in the amount of $859,600,000. CERTAIN AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CONNECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) PROGRAM Effective date. SEC. 106. Effective on October 1, 1982, section 103(a) of the Depart- ment of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is amended by striking out "fiscal year 1982" both places it appears and inserting in lieu thereof "fiscal year 1983". REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS FOR CERTAIN EQUIPMENT SEC. 107. (a) Notwithstanding any other provision of law, a mul- tiyear contract for the procurement of any of the equipment listed in subsection (b) may not be entered into until— Report to (1) the Secretary of the military department concerned has congressional submitted to the Committees on Armed Services of the Senate committees. and House of Representatives a written report setting forth the
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 721 justification for entering into a multiyear contract for the pro- curement of the equipment concerned; and (2) a period of thirty days has elapsed after the date on which the report is received by those committees, (b) The equipment referred to in subsection (a) is the following: (1) F-111 weapon navigation computers. (2) C-2 aircraft. (3) EA-6B aircraft. (4) A-6E aircraft. (5) MULE laser designators. (6) CH-53E helicopters. (7) MLRS rocket systems. (8) ALQ-136 radio jammers. ENHANCEMENT OF NORTH AMERICAN AIR DEFENSE COMMAND LOW LEVEL RADAR CAPABIUTIES IN FLORIDA SEC. 108. The Secretary of the Air Force, using funds available under section 103, may acquire one tethered aero-stat radar set (of the type currently in use at Cudjoe Key, Florida) for deployment at Kennedy Air Force Station, Florida. Concurrently with such pro- curement, the Secretary shall provide for necessary improvements to the radar set to be acquired and the existing set at Cudjoe Key, Florida. Such improvements and the operation and maintenance of such radar sets may be provided using funds available under this Act. SECURE COMMUNICATIONS EQUIPMENT AND A SPECIAL CLASSIFIED PROGRAM SEC. 109. The Secretary of Defense is authorized to procure secure telephone communication systems, including equipment and related items, during fiscal year 1983 for the Department of Defense and other government agencies and entities to support a national pro- gram to provide secure telephone service. Of the funds authorized to be appropriated pursuant to this title, not more than $50,000,000 may be used to provide secure telephone equipment and related items to the Department of Defense and other government agencies and entities in support of such a national program. Equipment provided to government agencies and entities outside the Depart- ment of Defense under the authority of this section and such related services as may be necessary may be furnished by the Secretary of Defense without reimbursement. In addition, of the funds author- ized to be appropriated pursuant to this Act, not more than $132,000,000 is authorized for a special classified program. PROHIBITION OF ACQUISITION OF 9-MILUMETER HANDGUN SEC. 110. None of the funds appropriated pursuant to an authori- zation of appropriations in this Act may be obligated or expended in connection with the purchase of a 9-millimeter handgun for the Armed Forces or to carry out any activity concerned with evaluating the feasibility or desirability of purchasing a 9-millimeter handgun for the Armed Forces.
96 STAT. 722 PUBLIC LAW 97-252—SEPT. 8, 1982 TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION AUTHORIZATION OF APPROPRIATIONS SEC. 201. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for the use of the Armed Forces for research, development, test, and evaluation in amounts as follows: For the Army, $3,926,367,000. For the Navy (including the Marine Corps), $6,129,115,000. For the Air Force, $10,720,884,000, of which $1,000,000 is available only for research, development, test, and evaluation of the C-17 type cargo transport aircraft. For the Defense Agencies, $2,271,503,000, of which $55,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense. (b) In addition to the funds authorized to be appropriated in subsection (a), there are authorized to be appropriated for fiscal year 1983 such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds authorized to be appropriated in subsection (a). (c) Of the total amount authorized to be appropriated in this section for research, development, test, and evaluation for the Air Force related to the basing of the MX missile system, $715,000,000 may not be obligated until the President completes his review of alternative MX missile system basing modes and notifies the Con- gress, in writing, of the long-term basing mode in which the MX missile system will be deployed and thirty days of session of Con- gress have expired after the receipt by Congress of such notice. For the purpose of determining days of session of Congress under the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or an adjournment sine die. UMITATION ON FUNDS FOR THE NAVY SEC. 202. (a) Of the amount authorized in section 201 for the Navy (including the Marine Corps)— (1) $12,000,000 is available only for the development of a derivative of the Firebolt advanced aerial target; (2) $15,000,000 is available only for the phased array radar improvement program for the MK-92 fire control system; (3) $60,000,000 is available only for the development, test, evaluation, and initial deployment of the 5-inch semi-active laser guided projectile and the Seafire electro-optical fire con- trol system; (4) $26,500,000 is available only for the Medium-Range Air-to- Surface Missile (MRASM) System; (5) $138,595,000 is available, subject to subsection (b), only for the DDG-X (DDG-51) ship program; (6) $900,000,000 is available only for Surface Warfare pro- grams; and (7) $5,555,000 is available only for the development of an advanced mine to replace the Captor mine.
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 723 (b) None of the funds appropriated pursuant to the authorization of appropriations in section 201 for the Navy may be obligated or expended for the DDG-X (DDG-51) ship program until the Secre- tary of the Navy has submitted to the Committees on Armed Services of the Senate and House of Representatives a plan for the deployment of the 5-inch semi-active laser guided projectile and Seaflre electro-optical fire control system concurrently with the deployment of the DDG-51 lead ship. REQUIREMENT FOR COMPETITION BETViTEEN THE AIR FORCE LANTIRN AND FUR SYSTEMS SEC. 203. No funds appropriated pursuant to this title for the Air Force may be obligated or expended for the development of the Low Altitude Navigation Targeting System for Night (LANTIRN) System until the Secretary of the Air Force submits to the Committees on Armed Services and Appropriations of the Senate and House of Representatives a written statement certifying that the LANTIRN program has been restructured to provide a competitive demonstra- tion between the current LANTIRN System and a suitably modified version of the Navy's F/A-18 aircraft FLIR System. The Secretary of the Air Force may not enter into any contract for the production of the Targeting Infrared for Night (TIRN) System until after a com- petitive demonstration between the LANTIRN System and the suit- ably modified version of the Navy's F/A-18 aircraft FLIR System has been carried out. TITLE III—OPERATION AND MAINTENANCE AUTHORIZATION OF APPROPRIATIONS SEC. 301. (a) Funds are hereby authorized to be appropriated for fiscal year 1983 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance in amounts as follows: For the Army, $16,750,050,000. For the Navy, $21,702,550,000. For the Marine Corps, $1,472,500,000. For the Air Force, $17,339,500,000. For the Defense Agencies, $5,693,650,000. For the Army Reserve, $704,889,000. For the Naval Reserve, $671,700,000. For the Marine Corps Reserve, $51,115,000. For the Air Force Reserve, $766,300,000. For the Army National Guard, $1,166,900,000. For the Air National Guard, $1,779,000,000. For the National Board for the Promotion of Rifle Practice, $875,000. For Defense Claims, $172,500,000. For the Court of Military Appeals, $3,210,000. (b) There are authorized to be appropriated for fiscal year 1983, in addition to the amounts authorized to be appropriated in subsection (a), such sums as may be necessary— (1) for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of
96 STAT. 724 PUBLIC LAW 97-252—SEPT. 8, 1982 the Department of Defense whose compensation is provided for by funds authorized to be appropriated in subsection (a); (2) for unbudgeted increases in fuel costs; and (3) for incresises as the result of inflation in the cost of activities authorized by subsection (a). UMITATION ON FUNDS FOR SHIP OVERHAULS SEC. 302. Of the amount appropriated pursuant to authorizations of appropriation in section 301 for the Navy, not more than $2,756,000,000 may be obligated or expended for ship overhauls. RESTRICTION ON LONG-TERM LEASES OF VESSELS FOR THE NAVY Notification to SEC. 303. (a) None of the funds appropriated pursuant to an ^°^^1ffi°a^^ authorization of appropriations in section 301 may be obligated or committees. """"" °"° expended in connection with a long-term lease of a vessel for the Navy if the lease includes a substantial termination liability unless and until (1) the Secretary of the Navy has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the proposed lease, and (2) a period of thirty days has elapsed after the date on which such committees receive such notification. Any such notification shall include a description of the terms of the proposed lease and a justification for entering into such a lease rather than obtaining the vessel involved by acquisition. (b) Subsection (a) does not apply with respect to the lease of a vessel if the vessel was being leased by the Navy on September 30, 1982. T-5 R E P L A C E M E N T TANKER PROGRAM SEC. 304. (a) None of the funds appropriated pursuant to authori- zations of appropriations in this title for the Navy may be obligated or expended for any activity in connection with the lease of any vessel associated with the T-5 Replacement Tanker program which has a main propulsion system or any other major component not built in the United States. Ot)) Subsection (a) does not apply with respect to the lease of a vessel if a contract for the lease of that vessel results from a request for proposal circulated before July 1,1982. UMITATION ON STUDIES OF CONTRACTING-OUT OF CERTAIN COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS SEC. 305. (a)(1) Except as provided in paragraph (2), funds appro- priated pursuant to an authorization of appropriations in this title may not be obligated or expended in connection with any study begun during the period beginning on October 1, 1982, and ending on March 31, 1983, of the benefits or feasibility of contracting for performance by contractor personnel of any commercial or indus- trial type function or activity of the Department of Defense being performed by Department of Defense personnel on September 30, 1982. (2) Paragraph (1) does not prohibit the obligation or expenditure of funds in connection with—
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 725 (A) any study the purpose of which is to determine the most efficient and cost effective organization of any commercial or industrial type function of the Department of Defense for per- formance by Department of Defense personnel; or (B) any study carried out with respect to the contracting for the performance by contractor personnel, rather than Depart- ment of Defense personnel, of any of the following: (i) Custodial functions, (ii) Laundry functions, (iii) Refuse collection functions, (iv) Grounds maintenance functions. (v) Food service and preparation functions (other than commissaries), (vi) Base transportation functions. (b) Of the total amount of funds authorized in this title, $283,800,000 is available only for salaries and other costs for the employment of and performance of functions by direct-hire civilian employees of the Department of Defense in excess of 947,000 such employees. TITLE IV—ACTIVE FORCES AUTHORIZATION OF END STRENGTHS SEC. 401. The Armed Forces are authorized strengths for active duty personnel as of September 30,1983, as follows: (1) The Army, 782,500. (2) The Navy, 560,300. (3) The Marine Corps, 194,600. (4) The Air Force, 592,600. AUTHORITY TO EXCEED END-STRENGTH AUTHORIZATIONS SEC. 402. (a) Section 138(c)(1)(A) of title 10, United States Code, is amended by inserting the following new sentence after the first sentence: "The end strength authorized for a component of the armed forces for a fiscal year may be increased by a number equal to not more than 0.5 percent of the total end strength authorized for such component for that fiscal year if the Secretary of Defense determines that such increase is in the national interest.". (b) The amendment made by subsection (a) shall apply with 10 u s e 138 note. respect to end strengths for active-duty personnel authorized for fiscal years beginning after September 30,1981. QUALITY CONTROL ON ENLISTMENTS INTO THE ARMY SEC. 403. Effective on October 1, 1982, section 302(a) of the Depart- Effective date. ment of Defense Authorization Act, 1981 (Public Law 96-342; 10 U.S.C. 520 note), is amended by striking out "October 1, 1981" and "September 30, 1982" and inserting in lieu thereof "October 1,1982" and "September 30,1983", respectively. SAVING PROVISION FOR CERTAIN ACCRUED LEAVE SEC. 404. A member of the Armed Forces who was authorized under section 701(f) of title 10, United States Code, to accumulate ninety days leave during fiscal year 1980 and who lost any leave at
96 STAT. 726 PUBLIC LAW 97-252—SEPT. 8, 1982 the end of fiscal year 1981 shall be credited with the amount of the leave lost and may retain leave in excess of sixty days until the end of fiscal year 1982, but in no case may a member accumulate leave in excess of ninety days. TITLE V—RESERVE FORCES AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE 10 use 261 note. SEC. 501. (a) For fiscal year 1983 the Selected Reserve of the reserve components of the Armed Forces shall be programmed to attain average strengths of not less than the following: (1) The Army National Guard of the United States, 407,400. (2) The Army Reserve, 258,700. (3) The Naval Reserve, 105,500. (4) The Marine Corps Reserve, 38,300. (5) The Air National Guard of the United States, 101,100. (6) The Air Force Reserve, 66,000. (7) The Coast Guard Reserve, 12,000. Reduction. (b) The average strength 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 any time during 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 compo- nent who are on active duty (other than for training or for unsatis- factory participation in training) without their consent at any time Increase. during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. AUTHORIZATION OF END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES SEC. 502. Within the average strengths prescribed in section 501, the reserve components of the Armed Forces are authorized, as of September 30,1983, the following number of Reserves to be serving on full-time active duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 14,419. (2) The Army Reserve, 8,251. (3) The Naval Reserve, 12,038. (4) The Marine Corps Reserve, 678. (5) The Air National Guard of the United States, 5,158. (6) The Air Force Reserve, 479. (b) Upon a determination by the Secretary of Defense that such action is in the national interest, the end strengths prescribed by subsection (a) may be increased by a total of not more than the number equal to 2 percent of the total end strengths prescribed.
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 727 INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS SEC. 503. (a) The table in section 517(b) of title 10, United States Code, is amended to read as follows: "Grade Army Navy Air Force Marine Corps E-9. 265 156 132 6 E-8. 1,244 329 441 56". (b) The columns under the headings "Army", "Air Force", and "Marine Corps" in the table in section 524(a) of such title are lo use 524. amended to read as follows: "Army Air Force Marine Corps 1,351 281 95 671 267 40 234 170 21" TITLE VI—CIVILIAN PERSONNEL AUTHORIZATION OF END STRENGTH SEC. 601. (a) The Department of Defense is authorized a strength in civilian personnel, as of September 30,1983, of 1,050,060. (b) The strength for civilian personnel prescribed in subsection (a) Apportionment. shall be apportioned among the Department of the Army, the Department of the Navy, the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress Report to within sixty days after the date of enactment of this Act on the Congress. manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Depart- ment of Defense (other than the military departments) and shall include the rationale for each allocation. (c)(1) In computing the strength for civilian personnel, there shall Direct-hire and be included all direct-hire and indirect-hire civilian personnel indirect-hire civiUan employed to perform military functions administered by the De- personnel. g artment of Defense (other than those performed by the National ecurity Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school cam- paign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker- trainee opportunity program. (2) Personnel employed under a part-time career employment Part-time career program established by section 3402 of title 5, United States Code, employees. 5 u s e 3404. shall be counted as prescribed by section 3404 of that title. Person- nel employed in an overseas area on a part-time basis under a nonpermanent local-hire appointment who are dependents accompa- nying a Federal civilian employee or a member of a uniformed 97-200 O-84-pt. 1 25 : QL3
96 STAT. 728 PUBLIC LAW 97-252—SEPT. 8, 1982 service on official assignment or tour of duty shall also be counted as 5 u s e 3404. prescribed by section 3404 of that title. Transfer or (3) Whenever a function, power or duty, or activity is transferred assigned or assigned to a department or agency of the Department of Defense personnel. from a department or agency outside of the Department of Defense, or from another department or agency within the Department of Defense, the civilian personnel end-strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian person- nel required as a result of such transfer or assignment. Excess (d) When the Secretary of Defense determines that such action is employees, necessary in the national interest or if any conversion of commer- limitation; notification to cial- and industrial-type functions from performance by Department Congress. of Defense personnel to performance by private contractors which was anticipated to be made during fiscal year 1983 in the Budget of the President submitted for such fiscal year is not determined to be appropriate for such conversion under established administrative criteria, the Secretary of Defense may authorize the employment of civilian personnel in excess of the number authorized by subsection (a), but such additional number may not exceed 2 percent of the total number of civilian personnel authorized for the Department of Notification to Defense by subsection (a). The Secretary of Defense shall promptly Congress. notify the Congress of any authorization to increase civilian person- nel strength under this subsection. TITLE VII—MILITARY TRAINING STUDENT LOADS AUTHORIZATION OF TRAINING STUDENT LOADS SEC. 701. (a) For fiscal year 1983, the components of the Armed Forces are authorized average military training student loads as follows: (1) The Army, 78,311. (2) The Navy, 66,930. (3) The Marine Corps, 20,435. (4) The Air Force, 48,769. (5) The Army National Guard of the United States, 18,052. (6) The Army Reserve, 14,579. (7) The Naval Reserve, 1,000. (8) The Marine Corps Reserve, 2,971. (9) The Air National Guard of the United States, 2,328. (10) The Air Force Reserve, 1,35L (b) The average military student loads for the Army, the Navy, the Marine Corps, and the Air Force and the reserve components authorized in subsection (a) for fiscal year 1983 shall be adjusted consistent with the manpower strengths authorized in titles IV, V, Apportionment. and VI of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the reserve components in such manner as the Secretary of Defense shall prescribe. EXTENSION OF REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN A UNIT OF THE JUNIOR RESERVE OFFICERS' TRAINING CORPS SEC. 702. Section 602 of the Department of Defense Authorization 10 u s e 2031 Act, 1981 (Public Law 96-342; 94 Stat. 1087), is amended by striking note.
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 729 out "August 31, 1982" and inserting in lieu thereof "August 31, 1983". TITLE VIII-CIVIL DEFENSE AUTHORIZATION OF APPROPRIATIONS SEC. 801. There is hereby authorized to be appropriated for fiscal year 1983 to carry out the provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251-2297) the sum of $152,340,000. AMOUNT AUTHORIZED FOR CONTRIBUTION FOR STATE PERSONNEL AND ADMINISTRATIVE EXPENSES SEC. 802. Notwithstanding the second proviso of section 408 of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2260), $60,000,000 of the amount authorized to be appropriated by the first section of this Act is available for appropriations for contributions to the States under section 205 of such Act (50 U.S.C. App. 2286) for personnel and administrative expenses. TITLE IX—SUPPLEMENTAL AUTHORIZATIONS FOR FISCAL YEAR 1982 PROCUREMENT SEC. 901. In addition to the funds authorized to be appropriated in title I of the Department of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1099), there is hereby authorized to be appropri- ated to the Air Force for fiscal year 1982 for procurement of aircraft the sum of $120,000,000. OPERATION AND MAINTENANCE SEC. 902. In addition to the funds authorized to be appropriated in title III of the Department of Defense Authorization Act, 1982, funds 95 Stat. 1103. are hereby authorized to be appropriated for fiscal year 1982 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense for operation and main- tenance in amounts as follows: For the Army, Army Reserve, and Army National Guard, $6,600,000. For the Navy, the Naval Reserve, and the Marine Corps, $5,000,000. For the Air Force, Air Force Reserve, and Air National Guard, $25,000,000. For the Defense Agencies and other Defense-wide activities, $25,800,000. INCREASE IN END STRENGTH AUTHORIZED FOR THE ARMY FOR FISCAL YEAR 1982 SEC. 903. Section 401 of the Department of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1104), is amended by striking out "Army, 780,300" and inserting in lieu thereof "Army, 782,500".
96 STAT. 730 PUBLIC LAW 97-252—SEPT. 8, 1982 Uniformed TITLE X—FORMER SPOUSES' PROTECTION Services Former Protection Act. SHORT TITLE 10 use 1401 SEC. 1001. This title may be cited as the "Uniformed Services note. Former Spouses' Protection Act". PAYMENT OF RETIRED AND RETAINER PAY SEC. 1002. (a) Chapter 71 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 use 1408. "§ 1408. Payment of retired or retainer pay in compliance with court orders Definitions. "(a) In this section: "(1) 'Court' means— "(A) any court of competent jurisdiction of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; "(B) any court of the United States (as defined in section 451 of title 28) having competent jurisdiction; and "(C) any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country. "(2) 'Court order' means a final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved prop- erty settlement incident to such previously issued decree), which— "(A) is issued in accordance with the laws of the jurisdic- tion of that court; "(B) provides for— "(i) payment of child support (as defined in section 462(b) of the Social Security Act (42 U.S.C. 662(b)))"; "(ii) payment of alimony (as defined in section 462(c) of the Social Security Act (42 U.S.C. 662(c)))"; or "(iii) division of property (including a division of community property); and "(C) specifically provides for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of a member to the spouse or former spouse of that member. "(3) 'Final decree' means a decree from which no appeal may be taken or from which no appeal has been taken within the time allowed for taking such appeals under the laws applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided under the laws applicable to such appeals. "(4) 'Disposable retired or retainer pay' means the total monthly retired or retainer pay to which a member is entitled
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 731 (other than the retired pay of a member retired for disability under chapter 61 of this title) less amounts which— lo use 1201 et "(A) are owed by that member to the United States; ®^^- "(B) are required by law to be and are deducted from the retired or retainer pay of such member, including fines and forfeitures ordered by courts-martial, Federal employment taxes, and amounts waived in order to receive compensa- tion under title 5 or title 38; 5 use lOi; 38 "(C) are properly withheld for Federal, State, or local use lOl. income tax purposes, if the withholding of such amounts is authorized or required by law and to the extent such amounts withheld are not greater than would be authorized if such member claimed all dependents to which he was entitled; "(D) are withheld under section 3402(i) of the Internal Revenue Code of 1954 (26 U.S.C. 3402(i)) if such member presents evidence of a tax obligation which supports such withholding; "(E) are deducted as Government life insurance premi- ums (not including amounts deducted for supplemental coverage); or "(F) are deducted because of an election under chapter 73 of this title to provide an annuity to a spouse or former 10 use 1431 et spouse to whom payment of a portion of such member's *^^- retired or retainer pay is being made pursuant to a court order under this section. "(5) 'Member' includes a former member. "(6) 'Spouse or former spouse' means the husband or wife, or former husband or wife, respectively, of a member who, on or before the date of a court order, was married to that member. "(b) For the purposes of this section— "(1) service of a court order is effective if— "(A) an appropriate agent of the Secretary concerned designated for receipt of service of court orders under regu- lations prescribed pursuant to subsection (h) or, if no agent has been so designated, the Secretary concerned, is person- ally served or is served by certified or registered mail, return receipt requested; "(B) the court order is regular on its face; "(C) the court order or other documents served with the court order identify the member concerned and include the social security number of such member; and "(D) the court order or other documents served with the court order certify that the rights of the member under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501 et seq.) were observed; and "(2) a court order is regular on its face if the order— "(A) is issued by a court of competent jurisdiction; "(B) is legal in form; and "(C) includes nothing on its face that provides reasonable notice that it is issued without authority of law. "(c)(1) Subject to the limitations of this section, a court may treat disposable retired or retainer pay payable to a member for pay periods beginning after June 25, 1981, either as property solely of the member or as property of the member and his spouse in accordance with the law of the jurisdiction of such court.
96 STAT. 732 PUBLIC LAW 97-252—SEPT. 8, 1982 "(2) Notwithstanding any other provision of law, this section does not create any right, title, or interest which can be sold, assigned, transferred, or otherwise disposed of (including by inheritance) by a spouse or former spouse. "(3) This section does not authorize any court to order a member to apply for retirement or retire at a particular time in order to effectuate any payment under this section. "(4) A court may not treat the disposable retired or retainer pay of a member in the manner described in paragraph (1) unless the court has jurisdiction over the member by reason of (A) his residence, other than because of military a s s i ^ m e n t , in the territorial juris- diction of the court, (B) his domicile in the territorial jurisdiction of the court, or (C) his consent to the jurisdiction of the court. "(dXl) After effective service on the Secretary concerned of a court order with respect to the payment of a portion of the retired or retainer pay of a member to the spouse or a former spouse of the member, the Secretary shall, subject to the limitations of this section, make pajnnents to the spouse or former spouse in the amount of the disposable retired or retainer pay of the member specifically provided for in the court order. In the case of a member entitled to receive retired or retainer pay on the date of the effective service of the court order, such payments shall begin not later than 90 days after the date of effective service. In the case of a member not entitled to receive retired or retainer pay on the date of the effective service of the court order, such pajnnents shall begin not later than 90 days after the date on which the member first becomes entitled to receive retired or retainer pay. "(2) If the spouse or former spouse to whom pajnnents are to be made under this section was not married to the member for a period of 10 years or more during which the member performed at least 10 years of service creditable in determining the member's eligibil- ity for retired or retainer pay, payments may not be made under this section to the extent that they include an amount resulting from the treatment by the court under subsection (c) of disposable retired or retainer pay of the member as property of the member or property of the member and his spouse. "(3) Payments under this section shall not be made more fre- quently than once each month, and the Secretary concerned shall not be required to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with a court order. "(4) Pajrments from the disposable retired or retainer pay of a member pursuant to this section shall terminate in accordance with the terms of the applicable court order, but not later than the date of the death of the member or the date of the death of the spouse or former spouse to whom payments are being made, whichever occurs first. "(5) If a court order described in paragraph (1) provides for a division of property (including a division of community property) in addition to an amount of disposable retired or retainer pay, the Secretary concerned shall, subject to the limitations of this section, pay to the spouse or former spouse of the member, from the dispos- able retired or retainer pay of the member, any part of the amount payable to the spouse or former spouse under the division of prop- erty upon effective service of a final court order of garnishment of such amount from such retired or retainer pay.
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 733 "(e)(1) The total amount of the disposable retired or retainer pay of a member payable under subsection (d) may not exceed 50 percent of such disposable retired or retainer pay. "(2) In the event of effective service of more than one court order which provide for payment to a spouse and one or more former spouses or to more than one former spouse from the disposable retired or retainer pay of a member, such pay shall be used to satisfy (subject to the limitations of paragraph (1)) such court orders on a first-come, first-served basis. Such court orders shall be satisfied (subject to the limitations of paragraph (D) out of that amount of disposable retired or retainer pay which remains after the satisfac- tion of all court orders which have been previously served. "(3)(A) In the event of effective service of conflicting court orders under this section which assert to direct that different amounts be paid during a month to the same spouse or former spouse from the disposable retired or retainer pay of the same member, the Secre- tary concerned shall— "(i) pay to that spouse the least amount of disposable retired or retainer pay directed to be paid during that month by any such conflicting court order, but not more than the amount of disposable retired or retainer pay which remains available for payment of such court orders based on when such court orders were effectively served and the limitations of paragraph (1) and subparagraph (B) of paragraph (4); "(ii) retain an amount of disposable retired or retainer pay that is equal to the lesser of— "(I) the difference between the largest amount of retired or retainer pay required by any conflicting court order to be paid to the spouse or former spouse and the amount pay- able to the spouse or former spouse under clause (i); and "(II) the amount of disposable retired or retainer pay which remains available for payment of any conflicting court order based on when such court order was effectively served and the limitations of paragraph (1) and subpara- graph (B) of paragraph (4); and "(iii) pay to that member the amount which is equal to the amount of that member's disposable retired or retainer pay (less any amount paid during such month pursuant to legal process served under section 459 of the Social Security Act (42 U.S.C. 659) and any amount paid during such month pursuant to court orders effectively served under this section, other than such conflicting court orders) minus— "(I) the amount of disposable retired or retainer pay paid under clause (i); and "(II) the amount of disposable retired or retainer pay retained under clause (ii). "(B) The Secretary concerned shall hold the amount retained under clause (ii) of subparagraph (A) until such time as that Secre- tary is provided with a court order which has been certified by the member and the spouse or former spouse to be valid and applicable to the retained amount. Upon being provided with such an order, the Secretary shall pay the retained amount in accordance with the order. "(4)(A) In the event of effective service of a court order under this section and the service of legal process pursuant to section 459 of the Social Security Act (42 U.S.C. 659), both of which provide for pay- ments during a month from the retired or retainer pay of the same
96 STAT. 734 PUBLIC LAW 97-252—SEPT. 8, 1982 member, such court orders and legal process shall be satisfied on a first-come, first-served basis. Such court orders and legal process shall be satisfied out of moneys which are subject to such orders and legal process and which remain available in accordance with the limitations of paragraph (1) and subparagraph (B) of this paragraph during such month after the satisfaction of all court orders or legal process which have been previously served. "(B) Notwithstanding any other provision of law, the total amount of the disposable retired or retainer pay of a member payable by the Secretary concerned under all court orders pursuant to this section and all legal processes pursuant to section 459 of the Social Security Act (42 U.S.C. 659) with respect to a member may not exceed 65 percent of the disposable retired or retainer pay payable to such member. "(5) A court order which itself or because of previously served court orders provides for the pajonent of an amount of disposable retired or retainer pay which exceeds the amount of such pay available for pa5rment because of the limit set forth in paragraph (1), or which, because of previously served court orders or legal process previously served under section 459 of the Social Security Act (42 U.S.C. 659), provides for payment of an amount of disposable retired or retainer pay that exceeds the maximum amount permitted under p a r g ^ a p h (1) or subparagraph (B) of paragraph (4), shall not be considered to be irregular on its face solely for that reason. How- ever, such order shall be considered to be fully satisfied for purposes of this section by the payment to the spouse or former spouse of the maximum amount of disposable retired or retainer pay permitted under paragraph (1) and subparagraph (B) of paragraph (4). "(6) Nothing in this section shall be construed to relieve a member of liability for the payment of alimony, child support, or other pajrments required by a court order on the grounds that payments made out of disposable retired or retainer pay under this section have been made in the maximum amount permitted under para- graph (1) or subparagraph (B) of paragraph (4). Any such unsatisfied obligation of a member may be enforced by any means available under law other than the means provided under this section in any case in which the maximum amount permitted under paragraph (1) has been paid and under section 459 of the Social Security Act (42 U.S.C. 659) in any case in which the maximum amount permitted under subparagraph (B) of paragraph (4) has been paid. "(fKD The United States and any officer or employee of the United States shall not be liable with respect to any payment made from retired or retainer pay to any member, spouse, or former spouse pursuant to a court order that is regular on its face if such payment is made in accordance with this section and the regulations pre- scribed pursuant to subsection (h). "(2) An officer or employee of the United States who, under regulations prescribed pursuant to subsection (h), has the duty to respond to interrogatories shall not be subject under any law to any disciplinary action or civil or criminal liability or penalty for, or because of, any disclosure of information made by him in carrying out any of his duties which directly or indirectly pertain to answer- ing such interrogatories. "(g) A person receiving effective service of a court order under this section shall, as soon as possible, but not later than 30 days after the date on which effective service is made, send a written notice of
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 735 such court order (together with a copy of such order) to the member affected by the court order at his last known address. "(h) The Secretaries concerned shall prescribe uniform regula- Regulations. tions for the administration of this section.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1408. Payment of retired or retainer pay in compliance with court orders.". ANNUITIES UNDER THE SURVIVOR BENEFIT PLAN SEC. 1003. (a) Section 1447 of title 10, United States Code, is amended by adding at the end thereof the following new para- graphs: "(6) 'Former spouse' means the surviving former husband or Definitions. wife of a person who is eligible to participate in the Plan. "(7) 'Court' has the meaning given that term by section 1408(aXl) of this title. Ante, p. 730. "(8) 'CJourt order' means a court's final decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previ- ously issued decree of divorce, dissolution, annulment, or legal separation, or of a court ordered, ratified, or approved property settlement agreement incident to such previously issued decree). "(9) 'Final decree' means a decree from which no appeal may be taken or from which no appeal has been taken within the time allowed for the taking of such appeals under the laws applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided under the laws applicable to such appeals. "(10) 'Regular on its face', when used in connection with a court order, means a court order that meets the conditions prescribed in section 1408(bX2) of this title.". Ante, p. 730. (b)(1) Section 1448(a) of such title is amended— 10 u s e 1448. (A) in paragraph (3XA) by inserting "or elects to provide an annuity under subsection 0)X2) of this section," after "for his spouse,"; and (B) in paragraph (3XB) by inserting "or elects to provide an annuity under subsection (bX2) of this section," after "for his spouse,". (2) Section 1448(b) of such title is amended to read as follows: "(bXD A person who is not married and does not have a dependent child when he becomes eligible to participate in the Plan may elect to provide an annuity to a natural person with an insurable interest in that person or to provide an annuity to a former spouse. "(2) A person who is married or has a dependent child may elect to provide an annuity to a former spouse instead of providing an annuity to a spouse or dependent child if the election is made in order to carry out the terms of a written agreement entered into voluntarily with the former spouse (without regard to whether such agreement is included in or approved by a court order). "(3) In the case of a person electing to provide an annuity under paragraph (1) or (2) of this subsection by virtue of eligibility under subsection (aXlXB), the election shall include a designation under subsection (e).
96 STAT. 736 PUBLIC LAW 97-252—SEPT. 8, 1982 "(4) Any person who elects under paragraph (1) or (2) to provide an annuity to a former spouse shall, at the time of making such election, provide the Secretary concerned with a written statement, in a form to be prescribed by that Secretary, signed by such person and the former spouse setting forth whether the election is being made pursuant to a voluntary written agreement previously entered into by such person as a part of or incident to a proceeding of divorce, dissolution, annulment, or legal separation, and if so, whether such voluntary written agreement has been incorporated in or ratified or approved by a court order.". 10 use 1450. (c) Section 1450(a)(4) of such title is amended— (1) by inserting "former spouse or other" before "natural person"; and (2) by striking out "if there is no eligible beneficiary under clause (1) or clause (2)" and inserting in lieu thereof "unless the election to provide an annuity to the former spouse or other natural person has been changed as provided in subsection (f)". (d) Section 1450(f) of such title is amended to read as follows: "(0(1) A person who elects to provide an annuity to a person Ante, p. 735. designated by him under section 1448(b) of this title may, subject to paragraph (2) of this subsection, change that election and provide an annuity to his spouse or dependent child. The Secretary concerned shall notify the former spouse or other natural person previously designated under section 1448(b) of this title of any change of election under the first sentence of this paragraph. Any such change of election is subject to the same rules with respect to execution, revocation, and effectiveness as are set forth in section 1448(a)(5) of this title. "(2) A person who, incident to a proceeding of divorce, dissolution, annulment, or legal separation, enters into a voluntary written agreement to elect under section 1448(b) of this title to provide an annuity to a former spouse and who makes an election pursuant to such agreement may not change such election under paragraph (1) unless— "(A) in a case in which such agreement has been incorporated in or ratified or approved by a court order, the person— "(i) furnishes to the Secretary concerned a certified copy of a court order which is regular on its face and modifies the provisions of all previous court orders relating to the agreement to make such election so as to permit the person to change the election; and "(ii) certifies to the Secretary concerned that the court order is valid and in effect; or "(B) in a case in which such agreement has not been incorpo- rated or ratified or approved by a court order, the person— "(i) furnishes to the Secretary concerned a statement, in such form as the Secretary concerned may prescribe, signed by the former spouse and evidencing the former spouse's agreement to a change in the election under paragraph (1); and "(ii) certifies to the Secretary concerned that the state- ment is current and in effect. "(3) Nothing in this chapter authorizes any court to order any person to elect under section 1448(b) of this title to provide an annuity to a former spouse unless such person has voluntarily agreed in writing to make such election.".
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 737 MEDICAL BENEFITS SEC. 1004. (a) Section 1072(2) of title 10, United States Code, is amended— (1) by striking out "and" at the end of clause (D); (2) by striking out the period at the end of clause (E) and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new clause: "(F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is credit- able in determining that member's or former member's eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer- sponsored health plan.". (b) Section 1076(b) of such title is amended by inserting at the end lo use 1076. thereof the following: "A dependent described in section 1072(2XF) of this title may be provided medical and dental care pursuant to clause (2) without regard to subclause (B) of such clause. . (c) Section 1086(c) of such title is amended by inserting after '^^ use 1086. clause (2) the following new clause: "(3) A dependent covered by section 1072(2XF) of this title.", lo use 1072. COMMISSARY AND EXCHANGE PRIVILEGES SEC. 1005. The Secretary of Defense shall prescribe such regula- Regulations. tions as may be necessary to provide that an unremarried former ^ote ^^^^ spouse described in subparagraph (FXi) of section 1072(2) of title 10, United States Code (as added by section 1004), is entitled to commis- sary and post exchange privileges to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services. EFFECTIVE DATES AND TRANSITION SEC. 1006. (a) The amendments made by this title shall take effect lo use 1408 on the first day of the first month which begins more than one ^°^- hundred and twenty days after the date of the enactment of this title. (b) Subsection (d) of section 1408 of title 10, United States C!ode, as added by section 1002(a), shall apply only with respect to pa3mients ^"^^' P- '^^^• of retired or retainer pay for periods beginning on or after the effective date of this title, but without regard to the date of any court order. However, in the case of a court order that became final before June 26, 1981, payments under such subsection may only be made in accordance with such order as in effect on such date and without regard to any subsequent modifications. (c) The amendments made by section 1003 of this title shall apply to persons who become eligible to participate in the Survivor Benefit Plan provided for in subchapter II of chapter 73 of title 10, United States Code, before, on, or after the effective date of such amend- lo use 1447. ments. (d) The amendments made by section 1004 of this title and the provisions of section 1005 of this title shall apply in the case of any
96 STAT. 738 PUBLIC LAW 97-252—SEPT. 8, 1982 former spouse of a member or former member of the uniformed services only if the final decree of divorce, dissolution, or annulment of the marriage of the former spouse and such member or former member is dated on or after the effective date of such amendments, Definitions. (e) For the purposes of this section— (1) the term "court order" has the same meaning as provided in section 1408(aX2) of title 10, United States C!ode (as added by Ante, p. 730. section 1002 of this title); (2) the term "former spouse" has the same meaning as pro- vided in section 1408(aX6) of such title (as added by section 1002 of this title); and (3) the term "uniformed services" has the same meaning as provided in section 1408(aX7) of such title (as added by section 1002 of this title). TITLE XI—GENERAL PROVISIONS TRANSFER AUTHORITY SEC. 1101. (aXD Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this Act between any such authorizations (or any subdivisions thereof). Amounts of authorizations so trans- ferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) The total amount of authorizations that the Secretary of Defense may transfer under the authority of this section may not exceed $1,500,000,000. (b) The authority provided by this section to transfer authoriza- tions— (1) may only be used to provide authority for higher priority items than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. Notification to (c) The Secretary of Defense shall promptly notify Congress of Congress. transfers made under the authority of this section. WAIVER OP AUTHORIZATION REQUIREMENT FOR CERTAIN PREVIOUSLY APPROPRIATED FUNDS SEC. 1102. The provisions of section 138(a) of title 10, United States Code, providing that funds may not be obligated or expended by the Armed Forces for certain purposes unless such funds have been specifically authorized by law shall not apply with respect to the obligation or expenditure of funds appropriated for fiscal year 1982 before the date of enactment of this Act for the following purposes: (1) Procurement of aircraft for the Army. (2) Procurement of aircraft for the Air Force. (3) Procurement of missiles for the Air Force. (4) Operations and maintenance for Defense-wide activities. I N C R E A S E I N AUTHORIZATION FOR SPECIAL DEFENSE ACQUISITION FUND 95 Stat. 1524. SEC. 1103. Section 138(g) of title 10, United States Code, is amended—
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 739 (1) by striking out "and" after "1982" and inserting in lieu thereof a comma; and (2) by inserting ", and may not exceed $900,000,000 in fiscal year 1984" after "1983". INCREASE IN DOLLAR THRESHOLD FOR REPORTS TO CONGRESS REGARDING TRANSFER OF DEFENSE ARTICLES SEC. 1104. Section 813 of the Department of Defense Appropri- ation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 133 note), is amended by striking out "$25,000,000" and inserting in lieu thereof "$50,000,000". REPORTS ON F U N D I N G OF TECHNOLOGY TRANSFER CONTROL POLICY SEC. 1105. Section 138 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(h) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommend- ing the amount of funds to be appropriated to the Department of Defense for the next fiscal year for functions relating to the formu- lation and carrying out of Department of Defense policies on the control of technology transfer and activities related to the control of technology transfer. The Secretary shall includie in that report the Allocation of proposed allocation of the funds requested for such purpose and the f^'^'^s. number of personnel proposed to be assigned to carry out such activities during such fiscal year.". LIMITATION ON DEFENSE FUNDS FOR SPACE SHUTTLE SEC. 1106. Notwithstanding any other provision of law, during fiscal year 1983 the Secretary of Defense shall not transfer funds to the Administrator of the National Aeronautics and Space Adminis- tration to pay any part of the cost of placing Department of Defense payloads into orbit by means of the Space Shuttle except in accord- ance with laws in effect on July 1,1982, and interagency agreements made pursuant to such laws. IMPROVED OVERSIGHT OF COST GROWTH IN MAJOR DEFENSE ACQUISITION PROGRAMS SEC. 1107. (a)(1) Chapter 4 of title 10, United States Code, is amended by inserting after section 139 the following new sections: "§ 139a. Oversight of cost growth in major programs: Selected 10 USC I39a. Acquisition Reports "(a) In t h i s s e c t i o n : Definitions. "(1) 'Major defense acquisition program' means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and— "(A) that is designated by the Secretary of Defense as a major defense acquisition program; or ' (B) that is estimated by the Secretary of Defense to require an eventual total expenditure for research, develop- ment, test, and evaluation of more than $200,000,000 (based on fiscal year 1980 constant dollars) or an eventual total
96 STAT. 740 PUBLIC LAW 97-252—SEPT. 8, 1982 expenditure for procurement of more than $1,000,000,000 (based on fiscal year 1980 constant dollars). "(2) 'Program acquisition unit cost', with respect to a major defense acquisition program, means the amount equal to (A) the total cost for development and procurement of, and system- specific military construction for, the acquisition program, divided by (B) the number of fully-configured end items to be produced for the acquisition program. "(3) 'Procurement unit cost', with respect to a major defense acquisition program, means the amount equal to (A) the total of all procurement funds appropriated for the program for a fiscal year, reduced by the amount of funds appropriated for such fiscal year for advanced procurement for such program in any subsequent year and increased by any amount appropriated in years before such fiscal year for advanced procurement for such program in such fiscal year, divided by (B) the number of fully- configured end items to be procured with such funds during such fiscal year. "(4) 'Major contract', with respect to a major defense acqui- sition program, means (A) each prime contract under the program, and (B) each associate or Government-furnished equipment contract under the program that is one of the six largest contracts under the program in dollar amount. Selected "(b)(1) The Secretary of Defense shall submit to Congress at the Acquisition gjj^j Qf g^ch fiscal-year quarter a report on current major defense ^^^ ' acquisition programs. Except as provided in paragraphs (2) and (3), each such report shall include a status report on each defense acquisition program that at the end of such quarter is a major defense acquisition program. Reports under this section shall be known as Selected Acquisition Reports. "(2) A status report on a major defense acquisition program need not be included in the Selected Acquisition Report for the second, third, or fourth quarter of a fiscal year if such a report was included in a previous Selected Acquisition Report for that fiscal year and there has been no change in program cost, performance, or schedule since the most recent such report. "(3) A status report on a particular major defense acquisition program need not be included in any Selected Acquisition Report with the approval of the Committees on Armed Services of the Senate and House of Representatives. "(c) Each Selected Acquisition Report for the first quarter of a fiscal year shall include (1) the same information, in detailed and summarized form, as is provided in reports submitted under section 10 use 139. 139 of this title, (2) the current program acquisition unit cost for each major defense acquisition program included in the report and the history of that cost from the date the program was first included in a Selected Acquisition Report to the end of the quarter for which the current report is submitted, and (3) such other information as the Secretary of Defense considers appropriate. Selected Acquisition Reports for the first quarter of a fiscal year shall be known as comprehensive annual Selected Acquisition Reports. "(d)(1) Each Selected Acquisition Report for the second, third, and fourth quarters of a fiscal year shall include— "(A) with respect to each major defense acquisition program that was included in the most recent comprehensive annual Selected Acquisition Report, the information described in sub- section (e); and
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 741 "(B) with respect to each major defense acquisition program that was not included in the most recent comprehensive annual Selected Acquisition Report, the information described in sub- section (c). "(2) Selected Acquisition Reports for the second, third, and fourth Quarterly quarters of a fiscal year shall be known as Quarterly Selected Selected Acquisition Acquisition Reports. Reports. "(e) Information to be included under this subsection in a Quar- terly Selected Acquisition Report with respect to a major defense acquisition program is as follows: "(1) The quantity of items to be purchased under the program. "(2) The program acquisition cost. "(3) The program acquisition unit cost. "(4) The current procurement cost for the program. "(5) The current procurement unit cost for the program. "(6) The reasons for any change in program acquisition cost, program acquisition unit cost, procurement cost, or procure- ment unit cost or in program schedule from the previous Selected Acquisition Report. "(7) The major contracts under the program and the reasons for any cost or schedule variances under those contracts since the last Selected Acquisition Report. "(8) The completion status of the progrsmi (A) expressed as the percentage that the number of years for which funds have been appropriated for the program is of the number of years for which it is planned that funds will be appropriated for the program, and (B) expressed as the percentage that the amount of funds that have been appropriated for the program is of the total amount of funds which it is planned will be appropriated for the program. "(9) Program highlights since the last Selected Acquisition Report. "(f) Each comprehensive annual Selected Acquisition Report shall Submittal dates. be submitted within 30 days after the date on which the Presi- dent transmits the Budget to C!ongress for the following fiscal year, and each Quarterly Selected Acquisition Report shall be submitted within 30 days after the end of the fiscal-year quarter. If a preliminary report is submitted for the comprehensive annual Selected Acquisition Report in any year, the final report shall be submitted within 15 days after the submission of the preliminary report. "§ 139b. Oversight of cost growth of major programs: unit cost lO USC I39b. reports "(a) In t h i s section: Definitions. "(1) 'Major defense acquisition program', 'program acquisition unit cost', 'procurement unit cost, and 'major contract' have the same meanings as provided in section 139a(a) of this title. Ante, p. 739. "(2) 'Baseline Selected Acquisition Report', with respect to a unit cost report that is submitted under this section to the Secretary concerned on a major defense acquisition program, means the Selected Acquisition Report in which information on the program is first included or the comprehensive annual Selected Acquisition Report for the fiscal year immediately before the fiscal year containing the quarter with respect to which the unit cost report is submitted, whichever is later.
96 STAT. 742 PUBLIC LAW 97-252—SEPT. 8, 1982 "(3) 'Procurement program* means a program for which funds for procurement are authorized to be appropriated in a fiscal year. Unit cost report. "(b) The program manager for a defense acquisition program that as of the end of a fiscal-year quarter is a major defense acquisition g rogram (other than a program not required to be included in the elected Acquisition Report for that quarter under section 139a(bX3) Ante, p. 739. of this title) shall, not more than 7 days after the end of that quarter, submit to the Secretary concerned a written report on the Information. unit costs of the program. The program manager shall include in each such unit cost report the following information with respect to the program (as of the last day of the quarter for which the report is made): "(1) The program acquisition unit cost. "(2) In the case of a procurement program, the procurement unit cost. "(3) Any cost variance or schedule variance in a major con- tract under the program since the baseline Selected Acquisition Report was submitted. (4) Any changes from program schedule milestones or pro- gram performances reflected in the baseline Selected Acquisi- tion Report that sire known, expected, or anticipated by the program manager. "(cXD If the program manager of a major defense acquisition program for which a unit cost report has previously been submitted under subsection (b) determines at any time during a fiscal-year quarter that there is reasonable cause to believe— "(A) that the program acquisition unit cost for the program has increased by more than 15 percent over the program acqui- sition unit cost for the program as shown in the baseline Selected Acquisition Report; "(B) in the case of a major defense acquisition program that is a procurement program, that the current procurement unit cost for the program has increased by more than 15 percent over the procurement unit cost for the program as reflected in the baseline Selected Acquisition Report; or "(C) that cost variances or schedule variances of a major contract under the program have resulted in an increase in the cost of the contract of at least 15 percent over the cost of the contract as of the time the contract was made; and if a unit cost report indicating an increase of such percentage or more has not previously been submitted to the Secretary concerned during the current fiscal year (other than the unit cost report under subsection (b) for the last quarter of the preceding fiscal year), then the program msmager shall immediately submit to the Secretary concerned a unit cost report containing the information, determined as of the date of the report, required under subsection (b). "(2) If in any fiscal year the program manager for a major defense acquisition program has submitted to the Secretary concerned a unit cost report (other than the unit cost report under subsection (b) for the last quarter of the preceding fiscal year) indicating an increase of 15 percent or more in a category described in clauses (A) through (C) of paragraph (1) and subsequently determines that there is reasonable cause to believe— "(A) that the current program acquisition unit cost of the program has increased by more than 5 percent over the current program acquisition unit cost as shown in the most recent
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 743 report under this subsection or subsection (b) submitted to the Secretary concerned with respect to that program; "(B) in the case of a major defense acquisition program that is a procurement program, that the current procurement unit cost for the program has increased by more than 5 percent over the current procurement unit cost as shown in the most recent report under this subsection or subsection (b) submitted to the Secretary concerned with respect to that program; or "(C) that cost variances or schedule variances of a major contract under the program have resulted in an increase in the cost of the contract of at least 5 percent over the cost of the contract as shown in the most recent report under this subsec- tion or subsection (b) submitted to the Secretary concerned with respect to that program; the program manager shall immediately submit to the Secretary Report. concerned a unit cost report containing the information, determined as of the date of the report, required by subsection (b). "(dXD When a unit cost report is submitted to the Secretary concerned under this section with respect to a major defense acquisi- tion program, the Secretary shall determine whether the current program acquisition unit cost for the program has increased by more than 15 percent, or by more than 25 percent, over the program acquisition unit cost for the program as shown in the baseline Selected Acquisition Report. "(2) When a unit cost report is submitted to the Secretary con- cerned under this section with respect to a major defense acquisition program that is a procurement program, the Secretary concerned shall, in addition to the determination under paragraph (1), deter- mine whether the current procurement unit cost for the program has increased by more than 15 percent, or by more than 25 percent, over the procurement unit cost for the program as reflected in the baseline Selected Acquisition Report. "(3) If the Secretary concerned determines (for the first time since Unit cost the beginning of the current fiscal year) that the current program increase; notification to acquisition unit cost has increased by more than 15 percent, or by Congress. more than 25 percent, as determined under paragraph (1) or that the current procurement unit cost has increased by more than 15 percent, or by more than 25 percent, as determined under para- graph (2)— "(A) the Secretary shall notify Congress in writing of such determination and of the increase with respect to such program within 30 days after the date on which the unit cost report that is the basis for such determination was submitted to him and shall include in such notification the date on which the determination was made; and "(B) except as provided in subsection (e), additional funds may Obligated funds, not be obligated in connection with such program— prohibition. "(i) after the end of the 30-day period beginning on the day on which the Secretary makes such determination, in the case of a percentage increase of more than 15 but less than 25 percent; or "(ii) after the end of the 60-day period beginning on the day on which the Secretary makes such determination, in the case of a percentage increase of more than 25 percent. "(e)(1) The prohibition in subsection (dX3XB) on the obligation of funds for a major defense acquisition program does not apply in the case of a program to which it would otherwise apply in the case of a
96 STAT. 744 PUBLIC LAW 97-252—SEPT. 8, 1982 determination of a 15 percent increase (as determined under subsec- tion (d)) if the Secretary concerned submits to Congress, before the end of the 30-day period referred to in such subsection, a report containing the information described in subsection (g). "(2) The prohibition in subsection (dX3)(B) on the obligation of funds for a major defense acquisition program does not apply in the case of a program to which it would otherwise apply, in the case of a determination of a 25 percent increase (as determined under subsec- tion (d))— "(A) if the increase was due to termination or cancellation of the acquisition program; or "(B) if the Secretary of Defense submits to Congress, before the end of the 60-day period referred to in such subsection— "(i) a written certification stating that— "(I) such acquisition program is essential to the national security; "(II) there are no alternatives to such acquisition program which will provide equal or greater military capability at less cost; '(III) the new estimates of the program acquisition unit cost or procurement unit cost are reasonable; and "(IV) the management structure for the acquisition program is adequate to manage and control program acquisition unit cost or procurement unit cost; and "(ii) if a report under paragraph (1) has been previously submitted to Congress with respect to such program for the current fiscal year but was based upon a different unit cost report from the program manager to the Secretary con- cerned, a further report containing the information described in subsection (g), determined from the time of the previous report to the time of the current report. Waiver. "(3) The prohibition in subsection (dX3XB) on the obligation of funds for a major defense acquisition program shall cease to apply in the case of a program to which it would otherwise apply if, after such prohibition has taken effect, the Committees on Armed Serv- ices of the Senate and House of Representatives waive the prohibi- tion with respect to such program. "(f) Any determination of a percentage increase under this section shall include expected inflation. "(gXD Except as provided in paragraph (2), each report under subsection (e) with respect to a major defense acquisition program shall include the following: "(A) The name of the major defense acquisition program. "(B) The date of the preparation of the report. "(C) The program phase as of the date of the preparation of the report. "(D) The estimate of the program acquisition cost for the program as shown in the Selected Acquisition Report in which the program was first included, expressed in constant base-year dollars and in current dollars. "(E) The current program acquisition cost in constant base- year dollars and in current dollars. "(F) A statement of the reasons for any increase in program acquisition unit cost or procurement unit cost. (G) The completion status of the program (i) expressed as the percentage that the number of years for which funds have been appropriated for the program is of the number of years for
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 745 which it is planned that funds will be appropriated for the program, and (ii) expressed as the percentage that the amount of funds that have been appropriated for the program is of the total amount of funds which it is planned will be appropriated for the program. "(H) The fiscal year in which information on the program was first included in a Selected Acquisition Report (referred to in this paragraph as the 'base year') and the date of that Selected Acquisition Report in which information on the program was first included. "(I) The date of the baseline Selected Acquisition Report. "(J) The current change and the total change, in dollars and expressed as a percentage, in the program acquisition unit cost, stated both in constant base-year dollars and in current dollars. "(K) The current change and the total change, in dollars and expressed as a percentage, in the procurement unit cost, stated both in constant base-year dollars and in current dollars. "(L) The quantity of end items to be acquired under the program and the current change and total change, if any, in that quantity. "(M) The identities of the military and civilian officers responsible for program management and cost control of the program. "(N) The action taken and proposed to be taken to control future cost growth of the program. "(O) Any changes made in the performance or schedule mile- stones of the program and the extent to which such changes have contributed to the increase in program acquisition unit cost or procurement unit cost. "(P) The following contract performance assessment informa- Contract tion with respect to each major contract under the program: performance assessment "(i) The name of the contractor. information. "(ii) The phase that the contract is in at the time of the preparation of the report. "(iii) The percentage of work under the contract that has been completed. "(iv) Any current change and the total change, in dollars and expressed as a percentage, in the contract cost. "(v) The percentage by which the contract is currently ahead of or behind schedule. "(vi) A narrative providing a summary explanation of the most significant occurrences, including cost and schedule variances under major contracts of the program, contribut- ing to the changes identified and a discussion of the effect these occurrences will have on future program costs and the program schedule. "(2) If a program acquisition unit cost increase or a procurment Report unit cost increase for a major defense acquisition program that exclusions. results in a report under this subsection is due to termination or cancellation of the entire program, only the information specified in clauses (A) through (F) of paragraph (1) and the percentage change in program acquisition unit cost or procurement unit cost that resulted in the report need be included in the report.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 139 the 10 use 139. following new items:
96 STAT. 746 PUBLIC LAW 97-252—SEPT. 8, 1982 "139a. Oversight of cost growth in major programs: Selected Acquisition Reports. "139b. Oversight of cost growth in major programs: unit cost reports.". Repeal. (b) Section 811 of the Department of Defense Appropriation Authorization Act, 1976 (10 U.S.C. 139 note), is repealed. Effective dates. (c) Sections 139a and 139b of title 10, United States Code, as added 10 u s e 139a by subsection (a), shall take effect on January 1, 1983, and shall note. Ante, pp. 739, apply beginning with respect to reports for the first quarter of fiscal 741. year 1983. The repeal made by subsection (b) shall take effect on January 1,1983. OVERSIGHT OF DEFENSE EXPENDITURES Report to SEC. 1108. (a) Concurrent with the submission of the budget to congressional Congress for fiscal year 1984, the Secretary of Defense shall submit committees. to the Committees on Armed Services of the Senate and House of Representatives a report concerning the strength requested in such budget for civilian personnel for the Defense Contract Audit Agency, the Defense Audit Service, and the Defense Criminal Inves- Personnel data. tigative Service. Such report shall state the number of such person- nel at the end of fiscal year 1982, the number at the time the report is submitted, and the number requested in that budget and shall include a justification for the number requested. The report shall also include the opinion of the Secretary of Defense on whether the number requested is sufficient for those agencies to accomplish their functions with respect to the reduction of waste, fraud, and abuse in defense expenditures during the next fiscal year, particularly in light of any increases (in real terms) in the levels of appropriations requested in that budget for operations, procurement of new equip- ment, and for research, development, test, and evaluation. (b) The Secretary shall include in the report under subsection (a) information concerning the savings in defense expenditures achieved by the Defense Contract Audit Agency, the Defense Audit Service, and the Defense Criminal Investigative Service during fiscal year 1982, including a statement for each agency of the amount of such cost savings achieved as a percentage of the number of dollars spent by such agency during such year. CONTINUATION OF TEST PROGRAM TO AUTHORIZE PRICE DIFFERENTIAL TO RELIEVE ECONOMIC DISLOCATIONS 10 u s e 2392 SEC. 1109. (a) The Secretary of Defense should conduct a test note. program during fiscal year 1983 in accordance with this subsection to test the effect of exempting certain contracts of the Department of Defense from the provisions of section 2892 of title 10, United States Code, and paying a price differential under such contracts for Contract the purpose of relieving economic dislocations. Under such test provisions. program, the Secretary of Defense may exempt from the provisions of such section any contract (other than a contract for the purchase of fuel) made by the Defense Logistics Agency during fiscal year 1983 if the contract is to be awarded to an individual or firm located in a Labor Surplus Area (as defined and identified by the Depart- ment of Labor) and if the Secretary determines— (1) that the awarding of such contract will not adversely affect the national security of the United States; (2) that there is a reasonable expectation that bids will be received from a sufficient number of responsible bidders so that
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 747 the award of such contract will be made at reasonable cost to the United States; (3) that the price differential to be paid under such contract will not exceed 2.2 percent; and (4) the value of such contract, when added to the cumulative value of all other contracts awarded under the test program authorized by this section, will not exceed $4,000,000,000. (b) Not later than April 15, 1983, the President shall submit a Report to report to Congress on the implementation and results to that date of Congress. the test program authorized by subsection (a). The report shall include an assessment of the costs and benefits of the test program. PROHIBITION AGAINST CONSOLIDATING FUNCTIONS OF THE MILITARY TRANSPORTATION COMMANDS SEC. 1110. None of the funds appropriated pursuant to an authori- lO USC 133 note. zation of appropriations in this or any other Act may be used for the purpose of consolidating any of the functions being performed on the date of the enactment of this Act by the Military Traffic Manage- ment Command of the Army, the Military Sealift Command of the Navy, or the Military Airlift Command of the Air Force with any function being performed on such date by either or both of the other commands. PROHIBITION REGARDING CONTRACTS FOR THE PERFORMANCE OF FIREFIGHTING A N D SECURITY FUNCTIONS SEC. 1111. None of the funds appropriated pursuant to an authori- zation contained in this Act may be obligated or expended to enter into any contract for the performance of firefighting functions or security-guard functions at any military installation or facility, except when such funds are for the express purpose of providing for the renewal of contracts in effect on the date of the enactment of this Act. MODIFICATION OF REPORTS ON CONVERSION OF COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR PERFORMANCE SEC. 1112. (a) Section 502 of the Department of Defense Authoriza- tion Act, 1981 (10 U.S.C. 2304 note), is amended— (1) by striking out "Department of Defense personnel" each time it appears and inserting in lieu thereof "Department of Defense civilian employees"; and (2) by striking out subsection (d) and inserting in lieu thereof the following: "(d) Except as provided in subsection (a)(1), subsections (a) through (c) shall not apply to a commercial or industrial type function of the Department of Defense that is being performed by 10 or fewer Department of Defense civilian employees. "(e) In no case may any commercial or industrial type function being performed by Department of Defense personnel be modified, reorganized, divided, or in any way changed for the purpose of exempting from the requirements of subsection (a)(2) the conversion of all or any part of such function to performance by a private contractor.
96 STAT. 748 PUBLIC LAW 97-252—SEPT. 8, 1982 "(0 The provisions of this section shall not apply during war or a period of national emergency declared by the President or the Congress.". Effective date. (b) The amendments made by subsection (a) shall take effect on 10 u s e 2304 October 1, 1982. note. ENFORCEMENT OF MILITARY SELECTIVE SERVICE ACT SEC. 1113. (a) Section 12 of the Military Selective Service Act (50 U.S.C. App. 462) is amended by adding after subsection (e) the following new subsection: 50 u s e app. 453. "(f)(1) Any person who is required under section 3 to present Registration himself for and submit to registration under such section and fails requirements. to do so in accordance with any proclamation issued under such section, or in accordance with any rule or regulation issued under such section, shall be ineligible for any form of assistance or benefit provided under title IV of the Higher Education Act of 1965. "(2) In order to receive any grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), a person who is required under section 3 to present himself for and submit to registration under such section shall file with the institu- tion of higher education which the person intends to attend, or is attending, a statement of compliance with section 3 and regulations issued thereunder. "(3) The Secretary of Education, in agreement with the Director, Statements of shall prescribe methods for verifying such statements of compliance compliance filed pursuant to paragraph (2). Such methods may include requir- verification methods. ing institutions of higher education to provide a list to the Secretary of Education or to the Director of persons who have submitted such statements of compliance. Regulations. "(4) The Secretary of Education, in consultation with the Director, shall issue regulations to implement the requirements of this sub- section. Such regulations shall provide that any person to whom the Secretary of Education proposes to deny assistance or benefits under title IV for failure to meet the registration requirements of section 3 and regulations issued thereunder shall be given notice of the proposed denial and shall have a suitable period (of not less than thirty days) after such notice to provide the Secretary with informa- tion and materials establishing that he has complied with the Hearing. registration requirement under section 3. Such regulations shall also provide that the Secretary may afford such person an opportu- nity for a hearing to establish his compliance or for any other purpose.". Effective date. (b) The amendment made by subsection (a) shall apply to loans, 50 u s e app. 462 grants, or work assistance under title IV of the Higher Education note. 20 u s e 1070. Act for periods of instruction beginning after June 30, 1983. MILITARY RECRUITING INFORMATION 10 use 503 note. SEC. 1114. (a) The Congress finds that in order for Congress to carry out effectively its constitutional authority to raise and support armies, it is essential— (1) that the Secretary of Defense obtain and compile directory information pertaining to students enrolled in secondary schools throughout the United States; and (2) that such directory information be used only for military recruiting purposes and be retained in the case of each person
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 749 with respect to whom such information is obtained and com- piled for a limited period of time. (bXD Section 503 of title 10, United States Code, is amended— (A) by inserting "(a)" before "The Secretary"; and (B) by adding at the end thereof the following new subsection: "(b)(1) The Secretary of Defense may collect and compile directory information pertaining to each student who is 17 years of age or older or in the eleventh grade (or its equivalent) or higher and who is enrolled in a secondary school in the United States or its territories, possessions, or the Commonwealth of Puerto Rico. "(2) The Secretary may make directory information collected and compiled under this subsection available to the armed forces for military recruiting purposes. Such information may not be disclosed for any other purpose. "(3) Directory information pertaining to any person may not be maintained for more than 3 years after the date the information pertaining to such person is first collected and compiled under this subsection. "(4) Directory information collected and compiled under this sub- section shall be confidential, and a person who has had access to such information may not disclose such information except for the purposes described in paragraph (2). "(5) The Secretary of Defense shall prescribe regulations to carry Regulations. out this subsection. Regulations prescribed under this subsection Submittal to congressional shall be submitted to the Committees on Armed Services of the committees. Senate and House of Representatives. Regulations prescribed by the Secretaries concerned to carry out this subsection shall be as uni- form as practicable. "(6) Nothing in this subsection shall be construed as requiring, or authorizing the Secretary of Defense to require, that any educa- tional institution furnish directory information to the Secretary. "(7) In this subsection, 'directory information' means, with respect "Directory to a student, the student's name, address, telephone listing, date and information." place of birth, level of education, degrees received, and the most recent previous educational agency or institution attended by the student.". (2) The heading for such section is amended to read as follows: "§ 503. Enlistments: recruiting campaigns; compilation of directory information". (3) The item relating to such section in the table of sections at the beginning of chapter 31 of such title is amended to read as follows: "503. Enlistments: recruiting campaigns; compilation of directory information.". (cXD Chapter 31 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 520a. Criminal history information for military recruiting pur- 10 u s e 520a. poses "(a) Each State and each unit of general local government of a State is requested to make available, upon request, to the Secretary concerned any criminal history information maintained by or avail- able to such State or unit of general local government which per- tains to any person who, within 90 days before the date on which such information w£is requested (1) has applied for enlistment in the armed forces, or (2) has applied, in connection with such person's application for enlistment, for participation in a program of
96 STAT. 750 PUBLIC LAW 97-252—SEPT. 8, 1982 the armed forces which requires a determination of the trustworthi- ness of persons who participate in such program. "Criminal "(b) In this section, 'criminal history information* means the history following information with respect to any juvenile or adult arrest, information." citation, or conviction of any person referred to in subsection (a): "(1) The offense involved. "(2) The age of the person with respect to whom such informa- tion pertains. "(3) The dates of the arrest, citation, and conviction, if any. "(4) The place the offense was alleged to have been commit- ted, the place of the arrest, and the court to which the case was assigned. "(5) The disposition of the case. "(c) Criminal history information received under this section shall be confidential, and a person who has had access to any information received under this section may not disclose such information except to facilitate military recruiting. Regulations. "(d) The Secretaries concerned shall prescribe regulations, which shall be as uniform as practicable, to carry out this section. Regula- Submittal to tions prescribed under this section shall be submitted to the congressional Committees on Armed Services of the Senate and House of Repre- committees. sentatives.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "520a. Criminal history information for military recruiting purposes.". ACTIVE DUTY FOR TRAINING OF PERSONS ENUSTING IN A RESERVE COMPONENT OF THE ARMED FORCES SEC. 1115. (a) The second sentence of section 511(d) of title 10, United States Code, is amended by striking out "180 days" and inserting in lieu thereof "270 days". Effective date. (b) The amendment made by this section shall be effective with 10 u s e 511 note. respect to persons enlisting in a reserve component of the Armed Forces after the end of the ninety-day period beginning on the date of the enactment of this Act. T E M P O R A R Y I N C R E A S E I N N U M B E R OF NAVY OFFICERS THAT MAY SERVE IN THE GRADE OF VICE ADMIRAL 10 use 525 note. SEC. 1116. During fiscal year 1983, the number of officers of the Navy authorized under section 525(bX2) of title 10, United States Code, to be on active duty in grades above rear admiral is increased by three. None of the additional officers in grades above rear admiral authorized by this section may be in the grade of admiral. DEPARTMENT OF DEFENSE OFFICE OF INSPECTOR GENERAL SEC. 1117. (a) The Inspector General Act of 1978 (Public Law 95- 5 use app. 452) is amended— (1) bv inserting "the Department of Defense," after "Com- merce, in section 2(1); (2) by redesignating subparagraphs (C) through (M) of section 9(aXl) as subparagraphs (D) through (N), respectively; (3) by inserting after subparagraph (B) of section 9(aXl) the following new subparagraph:
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 751 "(C) of the Department of Defense, the offices of that department referred to as the 'Defense Audit Service' and the 'Office of Inspector General, Defense Logistics Agency', and that portion of the office of that department referred to as the 'Defense Investigative Service' which has responsibil- ity for the investigation of alleged criminal violations;"; (4) by inserting "Defense," after "Commerce," in section 11(1); 5 u s e app. and (5) by inserting "Defense," after "Commerce," in section 11(2). (b) Section 8 of the Inspector General Act of 1978 is amended to 5 u s e app. read as follows: ADDITIONAL PROVISIONS WITH RESPECT TO THE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE "SEC. 8. (a) No member of the Armed Forces, active or reserve, 5 use app. shall be appointed Inspector General of the Department of Defense. "(b)(1) Notwithstanding the last two sentences of section 3(a), the Inspector General shall be under the authority, direction, and 5 u s e app. control of the Secretary of Defense with respect to audits or investi- Audits, gations, or the issuance of subpoenas, which require access to infor- investigations, or subpoenas. mation concerning— "(A) sensitive operational plans; "(B) intelligence matters; "(C) counterintelligence matters; "(D) ongoing criminal investigations by other administrative units of the Department of Defense related to national security; or "(E) other matters the disclosure of which would constitute a serious threat to national security. "(2) With respect to the information described in paragraph (1) the Secretary of Defense may prohibit the Inspector General from initi- ating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out or complete such audit or investigation or to issue such subpoena, if the Secretary determines that such prohibi- tion is necessary to preserve the national security interests of the United States. "(3) If the Secretary of Defense exercises any power under para- graph (1) or (2), the Inspector General shall submit a statement Submittal to concerning such exercise within thirty days to the Committees on congressional Armed Services and Governmental Affairs of the Senate and the committees. Committees on Armed Services and Government Operations of the House of Representatives and to other appropriate committees or subcommittees of the Congress. "(4) The Secretary shall, within thirty days after submission of a statement under paragraph (3), transmit a statement of the reasons Statement of for the exercise of power under paragraph (1) or (2) to the Commit- reasons; transmittal to tees on Armed Services and Governmental Affairs of the Senate and congressional the Committees on Armed Services and Government Operations of committees. the House of Representatives and to other appropriate committees or subcommittees. "(c) In addition to the other duties and responsibilities specified in Duties and this A,"t, the Inspector General of the Department of Defense shall— responsibilities. "(1) be the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department;
96 STAT. 752 PUBLIC LAW 97-252—SEPT. 8, 1982 "(2) initiate, conduct, and supervise such audits and investiga- tions in the Department of Defense (including the military departments) as the Inspector General considers appropriate; (3) provide policy direction for audits and investigations relating to fraud, waste, and abuse and program effectiveness; "(4) investigate fraud, waste, and abuse uncovered as a result of other contract and internal audits, as the Inspector General considers appropriate; "(5) develop policy, monitor and evaluate program perform- ance, and provide guidance with respect to all Department activities relating to criminal investigation programs; "(6) monitor and evaluate the adherence of Department audi- tors to internal audit, contract audit, and internal review prin- ciples, policies, and procedures; "(7) develop policy, evaluate program performance, and moni- tor actions taken by all components of the Department in response to contract audits, internal audits, internal review reports, and audits conducted by the Comptroller General of the United States; "(8) request assistance as needed from other audit, inspection, and investigative units of the Department of Defense (including military departments); and "(9) give particular regard to the activities of the internal audit, inspection, and investigative units of the military depart- ments with a view toward avoiding duplication and insuring effective coordination and cooperation. Violations. "(d) Notwithstanding section 4(d), the Inspector General of the 5 u s e app. Department of Defense shall expeditiously report suspected or 10 u s e 801 et alleged violations of chapter 47 of title 10, United States Code seq. (Uniform Code of Military Justice), to the Secretary of the military department concerned or the Secretary of Defense. 5 u s e app. (e) For the purposes of section 7, a member of the Armed Forces shall be deemed to be an employee of the Department of Defense. "(fKD Each semiannual report prepared by the Inspector General 5 u s e app. of the Department of Defense under section 5(a) shall include infor- mation concerning the numbers and types of contract audits con- Report to ducted by the Department during the reporting period. Each such congressional report shall be transmitted by the Secretary of Defense to the committees. C!ommittees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of the House of Representatives and to other appropriate committees or subcommittees of the Congress. Report to "(2) Any report required to be transmitted by the Secretary of congressional Defense to the appropriate committees or subcommittees of the committees. Congress under section 5(d) shall also be transmitted, within the seven-day period specified in such section, to the Committees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of the House of Representatives. "(g) The provisions of section 1385 of title 18, United States Code, shall not apply to audits and investigations conducted by, under the direction of, or at the request of the Inspector General of the Department of Defense to carry out the purposes of this Act.", 5 u s e app. (c) Section 5 of such Act is amended by adding at the end thereof the following new subsection: "(eXD Nothing in this section shall be construed to authorize the public disclosure of information which is—
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 753 "(A) specifically prohibited from disclosure by any other pro- vision of law; "(B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or "(C) a part of an ongoing criminal investigation. "(2) Notwithstanding paragraph (IXC), any report under this sec- tion may be disclosed to the public in a form which includes Disclosure to information with respect to a part of an ongoing criminal investiga- public. tion if such information has been included in a public record. "(3) Nothing in this section or in any other provision of this Act shall be construed to authorize or permit the withholding of infor- mation from the Congress, or from any committee or subcommittee thereof.". (d) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "Inspector General, Department of Defense.". (e) In addition to the positions transferred to the Office of the Transfer of Inspector General of the Department of Defense, pursuant to the positions. 5 u s e app. amendments made by subsection (a) of this section, the Secretary of Defense shall transfer to the Office of Inspector General of the Department of Defense not less than one hundred additional audit positions. The Inspector General of the Department of Defense shall fill such positions with persons trained to perform contract audits. EXTENSION OF PERIOD FOR TRANSFER OF DEFENSE DEPENDENTS EDUCATION SYSTEM TO DEPARTMENT OF EDUCATION SEC. 1118. The first sentence of section 302(a) of the Department of Education Organization Act (20 U.S.C. 3442) is amended by striking out "three years after the effective date of this Act" and inserting in lieu thereof "May 4,1984". OPEN ENROLLMENT PERIOD FOR RESERVES UNDER THE SURVIVOR BENEFIT PLAN SEC. 1119. (a) Subsection (b) of section 212 of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95 Stat. 383) is 10 u s e 1448 amended by striking out the period at the end and inserting in lieu note. thereof ", in the case of a member or former member of the uniformed services who on August 13, 1981, was entitled to retired or retainer pay, and the period beginning on October 1, 1982, and ending on September 30, 1983, in the case of a member or former member who on August 13,1981, would have been entitled to retired pay under chapter 67 of title 10, United States Code, but for the fact 10 u s e 1331 et that he weis under sixty years of age on that date.". seq. (b) Subsection (eXD of such section is amended to read as follows: "(1) The term 'eligible member' means a member or former "Eligible member of the uniformed services who on August 13, 1981 (A) members." was entitled to retired or retainer pay, or (B) would have been entitled to retired pay under chapter 67 of title 10, United States Code, but for the fact that he was under sixty years of age on that date.".
96 STAT. 754 PUBLIC LAW 97-252—SEPT. 8, 1982 REPORT ON ALUED CONTRIBUTIONS TO THE COMMON DEFENSE SEC. 1120. Section 1006(c) of the Department of Defense Authoriza- 22 use 1928 tion Act, 1981 (Public Law 96-342; 94 Stat. 1120), is amended— ^°*®- (1) by inserting "(1)" after "(c)"; (2) by striking out "March 1, 1982" and inserting in lieu thereof "March 1.1983"; (3) by redesignating clauses (1) through (5) as clauses (A) through (E), respectively; (4) by inserting "and their impact on mutual defense efforts" before the semicolon at the end of clause (A) (as so redesig- nated); (5) by striking out "fiscal year 1982" both places it appears and inserting in lieu thereof "fiscal year 1983"; (6) by striking out "and" at the end of clause (D) (as so redesignated); (7) by striking out the period at the end of clause (E) (as so redesignated) and inserting in lieu thereof a semicolon and "and"; and (8) by adding after clause (E) the following: "(F) a description of what additional actions the President plans to take should the efforts by the United States referred to in clauses (B) and (E) fail and, in those instances where such additional actions do not include consideration of the reposition- ing of elements of the Armed Forces of the United States, a detailed explanation as to why such repositioning is not being so considered. Report to "(2) If the report required by paragraph (1) as submitted to Congress. Congress is designated as having been classified, pursuant to Execu- tive order, as requiring protection against unauthorized disclosure in the interest of national defense or foreign policy, then not later than thirty days after the submission of such report the Secretary shall submit to Congress a further report containing all the informa- tion in the initial report that does not require such protection.". REPORT ON STANDARDIZATION OF NATO WEAPONS SEC. 1121. Section 302(c) of the Department of Defense Appropri- ation Authorization Act, 1975 (88 Stat. 402; 10 U.S.C. 2451 note), is amended by adding at the end thereof the following: "The Secretary shall also include in each such report— "(1) a description of each existing and planned program of the Department of Defense that supports the development or pro- curement of a weapon system or other military equipment originally developed or procured by members of the North Atlantic Treaty Organization (NATO) other than the United States and for which funds have been authorized to be appropri- ated for the fiscal year in which the report is submitted; "(2) a summary listing of the amount of funds appropriated for all such existing and planned programs for the fiscal year in which the report is submitted; and "(3) a summary listing of the amount of funds requested, or proposed to be requested, for all such programs for each of the 2 fiscal years following the fiscal year for which the report is submitted. Such report shall also include a description of each weapon system or other military equipment originally developed or procured in the
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 755 United States and that is being developed or procured by members of the North Atlantic Treaty Organization (NATO) other than the United States during the fiscal year for which the report is submitted.". NATO DEFENSE INDUSTRIAL COOPERATION SEC. 1122. (a) The Congress finds that— 22 USC 1928 (1) the United States remains firmly committed to cooperat- ^°^' ing closely with its North Atlantic Treaty Organization (herein- after in this section referred to as "NATO") allies in protecting liberty and maintaining world peace; (2) the financial burden of providing for the defense of West- ern Europe and for the protection of the interests of NATO member countries in areas outside the NATO treaty area has reached such proportions that new cooperative approaches among the United States and its NATO allies are required to achieve and maintain an adequate collective defense at accept- able costs; (3) the need for a credible conventional deterrent in Western Europe has long been recognized in theory but has never been fully addressed in practice; (4) a more equitable sharing by NATO member countries of both the burdens and the technological and economic benefits of the common defense would do much to reinvigorate the North Atlantic Treaty Organization alliance with a restored sense of unity and common purpose; (5) a decision to coordinate more effectively the enormous technological, industrial, and economic resources of NATO member countries will not only increase the efficiency and effectiveness of NATO military expenditures but also provide inducement for the Soviet Union to enter into a meaningful arms reduction agreement so that both Warsaw Pact countries and NATO member countries can devote more of their energies and resources to peaceful and economically more beneficial pursuits. (b) It is the sense of the Congress that the President should propose to the heads of government of the NATO member countries that the NATO allies of the United States join the United States in agreeing— (1) to coordinate more effectively their defense efforts and resources to create, at acceptable costs, a credible, collective, conventional force for the defense of the North Atlantic Treaty area; (2) to establish a cooperative defense-industrial effort within Western Europe and between Western Europe and North Amer- ica that would increase the efficiency and effectiveness of NATO expenditures by providing a larger production base while eliminating unnecessary duplication of defense-industrial efforts; (3) to share more equitably and efficiently the financial burdens, as well as the economic benefits (including jobs, tech- nology^ and trade) of NATO defense; and (4) to intensify consultations promptly for the early achieve- ment of the objectives described in clauses (1) through (3).
96 STAT. 756 PUBLIC LAW 97-252—SEPT. 8, 1982 STUDY OF IMPROVED CONTROL OF USE OF NUCLEAR WEAPONS SEC. 1123. (a) The Secretary of Defense shall conduct a full and complete study and evaluation of possible initiatives for improving the containment and control of the use of nuclear weapons, particu- larly during crises. Such study and evaluation shall include consid- eration of the following: (1) Establishment of a multi-national military crisis control center for monitoring and containing the use or potential use of nuclear weapons by third parties or terrorist groups. (2) Development of a forum through which the United States and the Soviet Union could exchange information pertaining to nuclear weapons that could potentially be used by third parties or terrorist groups. (3) Development of measures for building confidence between the United States and the Soviet Union for improved crisis stability and arms control, including— (A) an improved United States/Soviet Union communica- tions hotline for crisis control; (B) improved procedures for verification of any arms control agreements; (C) measures to reduce the vulnerability of command, control, and communications of both nations; and (D) measures to lengthen the warning time each nation would have of potential nuclear attack. Report to (b) The Secretary of Defense shall submit a report of the study and congressional committees. evaluation under subsection (a) to the Committees on Armed Serv- ices and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives by February 1, 1983. Such report should be available in both a classified, if necessary, and unclassified format. Report to (c) The President shall report to the Committees on Armed Serv- congressional ices and Foreign Relations of the Senate and the Committees on committees. Armed Services and Foreign Affairs of the House of Representatives by March 1, 1983, on the merits to the arms control process of the initiatives developed under the study and evaluation required by subsection (a) and on the status of any such initiative as it may relate to any arms control negotiation with the Soviet Union. NEGOTIATIONS FOR BANNING OF CHEMICAL WEAPONS SEC. 1124. It is the sense of Congress that the President should— (1) continue to promote actively negotiations among the member countries of the Ad Hoc Working Group on Chemical Warfare of the Committee on Disarmament established by the United Nations General Assembly and meeting in Geneva, Switzerland for the purpose of drafting a treaty for the com- plete, effective, and verifiable prohibition of the development, production, and stockpiling of all chemical weapons and for their destruction; (2) press vigorously in every appropriate forum for a full explanation of outstanding allegations concerning Soviet and Soviet-proxy use of chemical weapons in violation of interna- tional law; and (3) communicate to the Government of the Union of Soviet Socialist Republics the earnest desire of the Government of the United States for a comprehensive, verifiable ban on chemical
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 757 weaponry and the willingness of the Government of the United States to participate in negotiations toward this end as soon as the Government of the United States can be satisfied that the Soviet Union is not in violation of existing international accords appljdng to the prohibition of first use of chemical weapons and the production and transfer of biological weapons and that the Soviet Union is prepared to agree to provisions needed to ensure the verifiability of an accord banning chemical warfare. COOPERATIVE MIUTARY AIRUFT AGREEMENTS SEC. 1125. (a) Chapter 131 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 2213. Cooperative military airlift agreements lO use 2213. "(a) Subject to the availability of appropriations, and after consul- tation with the Secretary of State, the Secretary of Defense may enter into cooperative military airlift agreements with the govern- ment of any allied country for the transportation of the personnel and cargo of the military forces of that country on aircraft operated by or for the military forces of the United States in return for the reciprocal transportation of the personnel and cargo of the military forces of the United States on aircraft operated by or for the military forces of that allied country. Any such agreement shall include the following terms: "(1) The rate of reimbursement for transportation provided shall be the same for each party and shall be not less than the rate charged to military forces of the United States, as deter- mined by the Secretary of Defense under section 2208(h) of this lo use 2208. title. "(2) Credits and liabilities accrued as a result of providing or receiving transportation shall be liquidated not less often than once every 3 months by direct payment to the country that has provided the greater amount of transportation. "(3) During peacetime, the only military airlift capacity that may be used to provide transportation is that capacity that (A) is not needed to meet the transportation requirements of the military forces of the country providing the transportation, and (B) was not created solely to accommodate the requirements of the military forces of the country receiving the transportation. "(4) Defense articles purchased by an allied country from the United States under the Arms Export Control Act (22 U.S.C. 2751 et seq.) or from a commercial source under the export controls of the Arms Export Control Act may not be transported (for the purpose of delivery incident to the purchase of the defense articles) to the purchasing allied country on aircraft operated by or for the military forces of the United States except at a rate of reimbursement that is equal to the full cost of transportation of the defense articles, as required by section 21(aX3) of the Arms Export Control Act (22 U.S.C. 2761(aX3)). "(b) Subject to the availability of appropriations, and after consul- tation with the Secretary of State, the Secretary of Defense may enter into nonreciprocal military airlift agreements with North Atlantic Treaty Organization subsidiary bodies for the transporta- tion of the personnel and cargo of such subsidiary bodies on aircraft operated by or for the military forces of the United States. Any such
96 STAT. 758 PUBLIC LAW 97-252—SEPT. 8, 1982 agreement shall be subject to such terms as the Secretary of Defense considers appropriate. "(c) Any amount received by the United States as a result of an agreement entered into under this section shall be credited to applicable appropriations, accounts, and funds of the Department of Defense. 10 u s e 2321 et "(d) Notwithstanding chapter 138 of this title, the Secretary of seq. Defense may enter into military airlift agreements with allied countries only under the authority of this section. Definitions. "(e) In this section: "(1) 'Allied country' means any of the following: "(A) A country that is a member of the North Atlantic Treaty Organization. "(B) Australia or New Zealand. "(C) Any other country designated as an allied country for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State. "(2) 'North Atlantic Treaty Organization subsidiary bodies' 10 u s e 2331. has the meaning given to it by section 2331 of this title.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2213. Cooperative military airlift agreements.". PURCHASE OF FOREIGN-MADE ADMINISTRATIVE MOTOR VEHICLES eontracts. SEC. 1126. (a) The Secretary of a military department may, after the date of the enactment of this Act, enter into contracts for the purchase of administrative motor vehicles without regard to section 95 Stat. 1591. 783 ofPublic Law 97-114. (b) None of the funds appropriated pursuant to authorizations in this Act may be used by the Secretary of a military department to Contract or make a contract or agreement for the purchase of administrative agreement, motor vehicles that are manufactured outside the United States or funding. Canada unless the contractor was selected through competitive bidding without a differential in favor of foreign manufacturers. This subsection does not apply to contracts for amounts less than $50,000 or to any contract or agreement in effect on the date of the enactment of this Act with the Federal Republic of Germany, the United Kingdom, or Italy, so long as the vehicles procured under such contract or agreement are standardized or interoperable with the vehicles of the host country. RESTRICTION ON CONSTRUCTION OF NAVAL VESSELS IN FOREIGN SHIPYARDS SEC. 1127. (a) Chapter 633 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 u s e 7309. "§ 7309. Restriction on construction of naval vessels in foreign shipyards "(a) Except as provided in subsection (b), no naval vessel, and no major component of the hull or superstructure of a naval vessel, may be constructed in a foreign shipyard. "(b) The President may authorize exceptions to the prohibition in subsection (a) when he determines that it is in the national security Notification to interest of the United States to do so. The President ihall transmit Congress.
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 759 notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date the notice of such determination is received by Congress.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "7309. Restriction on construction of naved vessels in foreign shipyards.". PRIOR NOTIFICATION TO CONGRESS ON FOREIGN SOLE-SOURCE PROCUREMENTS SEC. 1128. Subject to the provisions of chapter 138 of title 10, United States Code (relating to North Atlantic Treaty Organization lo use 2321 et mutual support), none of the funds authorized to be appropriated in *^9- this Act may be used to enter into a prime contract for the purchase of a major article of equipment essential to the national defense from a manufacturer outside the United States that makes the United States dependent on that manufacturer as a sole source unless the Secretary of Defense has notified the Committees on Armed Services and Appropriations of the Senate and House of Representatives, in writing, of such proposed contract. PURCHASE OF CHEMICAL WARFARE PROTECTIVE CLOTHING AND ITEMS CONTAINING SPECIALTY METALS FROM FOREIGN SOURCES SEC. 1129. Section 723 of the Department of Defense Appropri- ations Act, 1982 (Public Law 97-114; 95 Stat. 1582) is amended by inserting after the first colon the following: "Provided, That nothing in this section shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions if such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or if such procurement is necessary in furtherance of the standardi- zation and interoperability of equipment requirements within the North Atlantic Treaty Organization (NATO) so long as such sigree- ments with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and section 814 of the Department of Defense Appropri- ation Authorization Act, 1976 (Public Law 94-106; 10 U.S.C. 2351 note):". RECOGNITION OF NATIONAL GUARD AND RESERVE FORCES SEC. 1130. (a) The Congress finds that— 38 use 2021 (1) the National Guard and Reserve Forces of the United ^°^- States are an integral part of the total force policy of the United States for national defense and need to be ready to respond, on short notice, to augment the active military forces in time of national emergency; (2) attracting and retaining sufficient numbers of qualified )ersons to serve in the Guard and Reserve is a difficult chal- {enge during a period in which authority to induct persons for training and service in the Armed Forces is not provided by law; and 97-200 O—84—pt. 1 26 : QL3
96 STAT. 760 PUBLIC LAW 97-252—SEPT. 8, 1982 (3) the support of employers and supervisors in granting employees a leave of absence from their jobs to participate in military training without detriment to earned vacation time, promotions, and job benefits is essential to the maintenance of a strong Guard and Reserve force. GJXD It is, therefore, the sense of Congress that the citizen- military volunteers who serve the Nation as members of the National Guard and Reserve require and deserve public recognition of the essential role they play in the national defense, and particu- larly require and deserve the support and cooperation of their civilian employers, in order to be fully ready to respond to national emergencies. (2) The Congress recognizes, and requests all citizens to recognize, the vital need for a trained, ready National Guard and Reserve in the national defense posture of the United States and urges and requests employers and supervisors of employees who are members of the National Guard or Reserve to abide by the provisions of 38 u s e 2021 et chapter 43 of title 38, United States Code, by granting a leave of seq. absence for military training, exclusive of earned vacation, to employees who are members of the Guard and Reserve and by providing such employees equal consideration for job benefits and promotions as all other employees. REPORT ON VISTA 1999 TASK FORCE REPORT Study and SEC. 1131. (a) The Secretary of Defense shall conduct a full and evaluation. complete study and evaluation of the report entitled "VISTA 1999, A Long-Range Look at the Future of the Army and Air National Guard" submitted by the Chairman of the VISTA 1999 task force to the Chief of the National Guard Bureau on March 8,1982. The study and evaluation shall include the following: (1) A detailed evaluation of the findings, conclusions, and recommendations of the "VISTA 1999" study. (2) The views of the Chief of the National Guard Bureau on the "VISTA 1999" study. (3) Any plans and recommendations for implementation of the recommendations of the "VISTA 1999" study. Report to (b) The Secretary of Defense shall submit a report of the study and congressional evaluation required by subsection (a) to the Committees on Armed committees. Services of the Senate and House of Representatives no later than February 1,1983. MILITARY PERSONNEL CLAIM RESULTING FROM IRANIAN CRISIS SEC. 1132. (a) The head of the military department having jurisdic- tion over Colonel Thomas E. Schaefer, United States Air Force, a member of the uniformed services who was held as a hostage in the Islamic Republic of Iran on or after November 4, 1979, and before January 22, 1981, may settle and pay an amount determined under subsection (b) for any claim against the United States made by such member for the loss of personal property in the Islamic Republic of Iran if the head of the military department determines that— (1) the loss resulted from acts of mob violence, terrorist attacks, or other hostile acts, directed against the United States Government or its officers or employees; (2) the loss was incurred on or after December 31, 1978, and before January 22,1981;
PUBLIC LAW 97-252—SEPT. 8, 1982 96 STAT. 7(31 (3) the property was owned and possessed in the Islamic Republic of Iran by the claimant and the ownership and posses- sion of such property was appropriate and reasonable consider- ing the official representational duties and responsibilities of the claimant; and (4) the claimant had no reasonable opportunity to remove the property from the place where it was lost or could not reason- ably have been expected to remove the property from such place before it was lost. (b) The amount payable under subsection (a) shall be equal to the lesser of— (1) the excess (if any) of the full replacement cost of the lost personal property over the total amount of compensation for the loss available in such case under section 9 of the Military Personnel and Civilian Employees' Claims Act of 1964 (31 U.S.C. 243a) and from all other sources; or (2) $75,000. (c) A claim may be allowed under this section if it is presented in writing within one year after the date of enactment of this Act. (d) The provisions of section 9 of the Military Personnel and Civilian Employees' Claims Act of 1964 (31 U.S.C. 243a) that are not inconsistent with any provision of this section shall apply in the administration of this section. (e) For the purposes of this section, the terms "agency", "uni- Definitions, formed services", "settle", and "military department" have the same meanings provided in section 2 of the Military Personnel and Civilian Employees' Claims Act of 1964 (31 U.S.C. 240). USE OF CERTAIN GIFTS TO THE UNITED STATES MILITARY ACADEMY SEC. 1133. (a) Under regulations prescribed by the Secretary of the lO use 4334 Army, the Superintendent of the United States Military Academy "°*®- may (without regard to section 2601 of title 10, United States Code) accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $20,000 or less made to the United States on the condition that such gift, devise, or bequest be used for the benefit of the United States Military Academy or any entity thereof. The Secretary of the Army may pay or authorize the payment of all reasonable and necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest under this section. (b) This section applies with respect to any gift, devise, or bequest made on or after the date of the enactment of this Act for the purpose described in subsection (a) and applies to any such gift, devise, or bequest, or devise made before the date of the enactment of this Act with respect to which the Secretary of the Army has approved application of this section rather than section 2601 of title 10, United States Code. DESIGNATION OF ESTONIA, LATVIA, A N D LITHUANIA ON DEFENSE MAPS SEC. 1134. None of the funds appropriated pursuant to an authori- zation of appropriations in this Act may be used to prepare, produce or purchase any map showing the Union of Soviet Socialist Repub- lics that does not— (1) show the geographic boundaries of Estonia, Latvia, and Lithuania and designate those areas by those names;
96 STAT. 762 PUBLIC LAW 97-252—SEPT. 8, 1982 (2) include the designation "Soviet Occupied" in parenthesis under each of those names; and (3) include in close proximity to the area of the Baltic coun- tries the following statement: "The United States Government does not recognize the incorporation of Estonia, Latvia, and Lithuania into the Soviet Union". Approved September 8, 1982. LEGISLATIVE HISTORY—S. 2248 (H.R. 6030): HOUSE REPORTS: No. 97-482 accompanying H.R. 6030 (Comm. on Armed Services) and No. 97-749 (Comm. of Conference). SENATE REPORT No. 97-330 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 128 (1982): May 3-6, 11-13, considered and passed Senate. July 19-22, 27-29, H.R. 6030, considered and passed House; S. 2248, amended, passed in lieu. Aug. 17, Senate agreed to conference report. Aug. 18, House agreed to conference report.