The text of the bill below is as of Oct 19, 1984 (Passed Congress).
You are reading a bill enacted 14,225 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
98 STAT. 2492 PUBLIC LAW 98-525—OCT. 19, 1984
Public Law 98-525
98th Congress
An Act
To authorize appropriations for military functions of the Department of Defense and
to prescribe military personnel levels for the Department of Defense for fiscal year
Oct. 19, 1984 1985, to revise and improve defense procurement, compensation, and management
[H.R. 5167] programs, to establish new defense educational assistance programs, to authorize
appropriations for national security programs of the Department of Energy, 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,
Defense
Authorization SHORT T I T L E ; T A B L E O F C O N T E N T S
Act, 1985.
SECTION 1. (a) This Act may be cited as the "Department of
Defense Authorization Act, 1985".
(b) The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—PROCUREMENT
Sec, 101. Authorization of appropriations, Army.
Sec, 102. Authorization of appropriations, Navy and Marine Corps.
Sec 103. Authorization of appropriations, Air Force.
Sec, 104. Authorization of appropriations, Defense Agencies.
Sec, 105. Authorization of appropriations for certain NATO cooperative programs.
Sec 106. Extension of authority provided Secretary of Defense in connection with
the NATO Airborne Warning and Control System (AWACS) program.
Sec. 107. Limitation on waivers of cost-recovery requirements under Arms Export
Control Act.
Sec, 108. Waiver of limitation on foreign military sales program.
Sec, 109. Transfer of certain military equipment or data to foreign countries.
Sec 110. Policy concerning acquisition of additional MX missiles.
Sec 111. Prohibition of spending funds for binary chemical munitions.
Sec, 112. Strategic weapons loader.
Sec 113. Foreign military sales of Air National Guard OA-37 aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
Sec. 202. Provisions relating to Army programs.
Sec. 203. Limitations on funds for the Navy.
Sec. 204. Limitations on funds for the Air Force.
Sec. 205. Policy governing the test of anti-satellite warheads.
Sec. 206. Limitation on funds for the Defense Agencies.
Sec. 207. Implementation of law to establish independent Director of Operational
Test and Evaluation.
TITLE III—OPERATION AND MAINTENANCE
Sec. 301. Authorization of appropriations.
Sec. 302. Greneral authorization of appropriations for pay raises, fuel costs, and
inflation adjustments.
Sec. 303. Authorization of appropriations for working-capital funds.
Sec. 304. Contingency funds for the unified and specified commands.
Sec. 305. Sale of articles manufactured by certain arsenals; asset capitalization
program.
Sec. 306. Administrative transition provision for Navy Stock Fund management
change.
Sec. 307. Limitation on contracting-out core logistics functions.
Sec. 308. Limitation on consulting and related services.
PUBLIC LAW 98-525-OCT. 19, 1984 98 STAT. 2493
Sec. 309. Restriction on reduction in ports of origin for certain cargo carried on ves-
sels of the Military Sealift Command.
Sec. 310. Sense of Congress concerning introduction of United States Armed Forces
into Central America for combat.
TITLE IV—PERSONNEL AUTHORIZATIONS
PART A—ACTIVE FORCES
Sec. 401. Authorization of end strengths.
Sec. 402. Extension of quality control on enlistments into the Army.
PART B—RESERVE FORCES
Sec, 411. Authorization of average strengths for Selected Reserve.
Sec. 412. Authorization of end strengths for members on active duty in support of
the reserve components.
Sec. 413. Increase in number of certain personnel authorized to be on active duty in
support of the reserve components.
Sec. 414. Clarification of status of members of the National Guard performing full-
time duty.
PART C—MIUTARY TRAINING
Sec. 421. Authorization of military training student loads.
Sec. 422. Reduction in number of students required to be in a unit of the Junior
Reserve Officers' Training Corps for the unit to be maintained.
TITLE V—DEFENSE PERSONNEL MANAGEMENT
PART A—CIVIUAN PERSONNEL
Sec. 501. Waiver of civilian personnel ceilings for fiscal year 1985.
Sec. 502. Civilian personnel ceilings on industrially-funded activities during fiscal
year 1984.
PART B—OFFICER PERSONNEL
Sec. 511. Temporary increase in the number of general and flag officers authorized
to be on active duty.
Sec. 512. Authority to consider for promotion certain Army reserve brigadier
generals.
Sec. 513. Authority to retain in active status until age 60 up to 10 Army reserve
brigadier generals.
Sec. 514. Extension of authority for the temporary promotion of certain Navy
lieutenants.
Sec. 515. Repeal of four-year limitation on period an officer may be assigned to the
Army Staff or the Air Staff.
PART C—AMENDMENTS TO PROVISIONS OF LAW ENACTED BY THE DEFENSE
OFFICER PERSONNEL MANAGEMENT ACT
Sec. 521. Retention in grade of officers appointed in reserves upon separating from
active duty.
Sec. 522. Increase in limitation on number of regular officers in the Navy, Air
Force, and Marine Corps.
Sec. 523. Clarification of senior general and flag officers continuation in grade
during a change in status.
Sec. 524. Authority to use means other than boards to decide whether an officer
should be required to show cause for retention.
Sec. 525. Removal from further consideration for promotion of officers in pay grade
0 - 2 who have twice failed of selection for promotion.
Sec. 526. Determination of date of rank for officers whose promotions are delayed
administratively.
Sec. 527. Special selection boards for warrant officers.
Sec. 528. Authority to discharge reserve second lieutenants and ensigns found not
qualified for promotion.
Sec. 529. Navy limited duty officers.
Sec. 530. Appointment in permanent grade of certain limited duty officers serving
in higher temporary grades.
Sec. 531. Determination of severance pay in certain cases.
Sec. 532. Consideration for promotion of certain retired officers who later serve on
active duty.
Sec. 533. Technical amendments.
98 STAT. 2494 PUBLIC LAW 98-525—OCT. 19, 1984
PART D—OFFICER TRAINING PROGRAMS
Sec. 541. Clarification of authority to order certain cadets and midshipmen to
active duty.
Sec. 542. Extension of military service obligation of service academy and ROTC
cadets and midshipmen.
Sec. 543. Eligibility for advanced training in senior ROTC program.
PART E—MISCELLANEOUS
Sec. 551. Women in the Armed Forces.
Sec. 552. Reserve forces readiness.
Sec. 553. Precedence of award of Purple Heart.
Sec. 554. Study of military regulations with regard to religious practices.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
PART A—BASIC PAY AND ALLOWANCES
Sec. 601.
Military pay raise for flscal year 1985.
Sec. 602.
Basic allowance for quarters and variable housing allowance.
Sec. 603.
Reimbursement for accommodations in place of quarters.
Sec. 604.
Clarification of authority to deny certain members without dependents
right to elect to receive basic allowance for quarters rather than occupy
military quarters.
Sec. 605. Commutation of rations for reservists on inactive duty training who are
unable to obtain rations in kind.
Sec. 606. Forfeiture of accrued leave by certain members who serve on active duty
less than six months.
Sec. 607. Denial of credit for time spent in a delayed enlistment program for pur-
poses of computation of basic pay.
PART B—TRAVEL AND TRANSPORTATION
Sec. 611. Emergency medical transportation for dependents of members stationed
in Alaska or Hawaii.
Sec. 612. Transportation incident to emergency leave for members whose residences
are in possessions of the United States.
Sec. 613. Travel pay for certain reserve component instructors.
Sec. 614. Transportation between residence and place of work for senior defense
officials.
PART C—BONUSES AND SPECIAL PAYS
Sec. 621. Extension of enlistment and reenlistment bonus authorities for active
forces.
Sec. 622. Extension of special pay for certain aviation career officers.
Sec. 623. Special pay for sea duty and special skills for enlisted members.
Sec. 624. Elimination of certain categories of incentive pay for hazardous duty.
PART D—HEALTH CARE MATTERS
Sec. 631. Extension of medical and dental care for reserves and National Guard.
Sec. 632. Enhanced benefits coverage under CHAMPUS.
Sec. 633. Authority to provide dental care to certain dependents in facilities of the
uniformed services.
Sec. 634. Study of use by CHAMPUS of Medicare prospective payment system.
PART E—BENEFITS FOR SURVIVORS AND FORMER SPOUSES
Sec. 641. Elimination of certain social security offsets from the Survivor Benefit
Plan.
Sec. 642. Authority to initiate payments under survivor annuity programs when
the participant is missing.
Sec. 643. Clarification of authority to enforce certain court orders in connection
with the payment of retired or retainer pay to former spouses.
Sec. 644. Clarification of authority to elect former spouses as beneficiaries under
the Survivor Benefit Plan.
Sec. 645. Miscellaneous rights and benefits for former spouses.
PART F—MISCELLANEOUS
Sec. 651. Legal assistance programs.
Sec. 652. Limitation on transportation of motor vehicles through Guam.
Sec. 653. Personal vehicles of United States military personnel in Japan.
Sec. 654. Authority for voluntary withholding of State income taxes from retired
and retainer pay.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2495
Sec. 655. Recomputation of retired pay of certain recalled retirees.
Sec. 656. Delay of effective date for fee for veterinary services.
TITLE VII—EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 701. Short title.
Sec. 702. New educational assistance program.
Sec. 703. Coordination with other veterans' education and training programs.
Sec. 704. Suspension of right to enroll in chapter 32 program.
Sec. 705. Revision of educational assistance program for the Selected Reserve.
Sec. 706. Accrual funding of Department of Defense liabilities.
Sec. 707. Educational leave of absence for members of the Armed Forces.
Sec. 708. Preseparation counseling.
Sec. 709. Extension of pilot Department of Defense educational assistance loan
repayment program.
TITLE VIII—CIVIL DEFENSE
Sec. 801. Authorization of appropriations.
Sec. 802. Repeal of limitation on amounts that may be appropriated for certain
purposes.
TITLE IX-NATIONAL DEFENSE STOCKPILE
Sec. 901. Termination of previous disposal authority.
Sec. 902. Authorizations for disposal.
Sec. 903. Restrictions on balance in stockpile transaction fund.
Sec. 904. Stockpile report.
Sec. 905. Deposits of funds accruing from Naval Petroleum Reserves.
TITLE X—MATTERS RELATING TO NATO AND OTHER ALLIES
Sec. 1001. Sense of Congress relating to increase in defense spending by United
States allies.
Sec. 1002. Improvements to NATO conventional capability.
Sec. 1003. Report on allied contributions to the common defense.
Sec. 1004. NATO Seasparrow cooperative program.
Sec. 1005. Procurement of communications support and related supplies and
services.
Sec. 1006. Policy on armaments cooperation with NATO member countries.
Sec. 1007. Authority of Secretary of Defense in connection with cooperative agree-
ments on air defense in Central Europe.
TITLE XI—MATTERS RELATING TO ARMS CONTROL
Sec. 1101. Report on strategic nuclear submarine force.
Sec. 1102. Annual report on strategic defense programs.
Sec. 1103. Report on theater nuclear weapons and force structure.
Sec. 1104. Report on withdrawal of tactical nuclear warheads from Europe.
Sec. 1105. Report on United States counterforce capability.
Sec. 1106. Transmittal to Congress of report on Soviet compliance with arms con-
trol agreements.
Sec. 1107. Report on nuclear winter findings and policy implications.
Sec. 1108. Sense of Congress relating to the establishment of Nuclear Risk Reduc-
tion Centers in the United States and the Soviet Union.
Sec. 1109. Sense of Congress regarding a report to Congress on certain verification
programs relating to biological and chemical weapons.
Sec. 1110. Sense of Congress expressing support for United States to pursue out-
standing arms control compliance.
Sec. 1111. Policy on the status of certain treaties to prevent nuclear testing.
TITLE XII—PROCUREMENT POLICY REFORM AND OTHER PROCUREMENT
MATTERS
PART A—SHORT TITLE AND CONGRESSIONAL FINDINGS
Sec. 1201. Short title.
Sec. 1202. Congressional findings and policy.
PART B—AMENDMENTS TO CHAPTER 137 OF TITLE 10, UNITED STATES CODE
Sec. 1211. Definition.
Sec. 1212. Publication of proposed regulations.
Sec. 1213. Planning for procurement of supplies and for future competition.
Sec. 1214. Delegation of certain procurement functions.
98 STAT. 2496 PUBLIC LAW 98-525—OCT. 19, 1984
Sec. 1215. Personnel evaluations to include emphasis on competition and cost
savings.
Sec. 1216. Improved procurement procedures.
Sec. 1217. Clerical amendments.
PART C—AMENDMENTS TO CHAPTER 141 OF TITLE 10, UNITED STATES CODE
Sec. 1231. Identification of sources of supplies.
Sec. 1232. Revision of long-term lease or charter authority.
Sec. 1233. Economic order quantities.
Sec. 1234. Additional miscellaneous procurement provisions.
Sec. 1235. Clerical amendments.
PART D—OTHER PROCUREMENT PROVISIONS
Sec. 1241. Cooperative agreements for procurement technical assistance.
Sec. 1242. Revision of requirements for selected acquisition reports and unit cost
reports.
Sec. 1243. Duration of assignment of program managers for major programs.
Sec. 1244. Authority to waive compliance with certain requirements provided for in
regulations relating to prices of spare parts and replacement equip-
ment.
Sec. 1245. Regulations for allocating overhead to parts to which the prime contrac-
• tor has added little value.
PART E—TEMPORARY PROVISIONS, REPORTS, AND EFFECTIVE DATES
Sec. 1251. Report on implementation of certain recommendations of the Grace Com-
mission.
Sec. 1252. Plans for management of technical data and computer capability im-
provements.
Sec. 1253. Report on use of independent cost estimates for major defense acquisition
programs.
Sec. 1254. One-year extension of test program to authorize price differentials to
relieve economic dislocations.
TITLE XIII-DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT MATTERS
Sec. 1301. Joint Chiefs of Staff reorganization.
Sec. 1302. Reduction in headquarters staffs.
Sec. 1303. Report on size of service Secretariats.
Sec. 1304. Implementation of certain personnel policies.
Sec. 1305. Expansion of authority for collection of debts from members of the
Armed Forces.
Sec. 1306. Increased Coast Guard membership on the Reserve Forces Policy Board.
Sec. 1307. Limitation on use of funds for conducting polygraphs examinations;
report.
TITLE XIV—CODIFICATION OF CERTAIN RECURRING AND PERMANENT
PROVISIONS OF LAW
Sec. 1401. Amendments to title 10, United States Code.
Sec. 1402. Amendments to title 37, United States Code.
Sec. 1403. Repeal provisions.
Sec. 1404. Effective date.
Sec. 1405. Clerical amendments to title 10, United States Code.
TITLE XV—GENERAL PROVISIONS
PART A—DEFENSE FINANCIAL MATTERS
Sec. 1501. Transfer authority.
PART B—PROVISIONS RELATING TO SPECIFIC PROGRAMS
Sec. 1511. Chemical Warfare Review Commission.
Sec. 1512. Restriction on the use of funds for the B-IB bomber aircraft program.
Sec. 1513. Configuration of the FFG-7 class guided missile frigate.
Sec. 1514. Prohibition against using funds appropriated for the Advanced Technology
Bomber and the Advanced Cruise Missile programs for any other
purpose.
PART C—MISCELLANEOUS DEFENSE REPORTING REQUIREMENTS
Sec. 1521. Extension of time for report of the Commission established by the Mili-
tary Justice Act of 1983.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2497
Sec. 1522. Study of foreign sales and procurement of defense articles.
Sec. 1523. Report on use of Air Force air refueling fleet.
Sec. 1524. Study by the Secretary of Defense of current and potential exploitation
of foreign technology by the Department of Defense.
Sec. 1525. Report on Americans unaccounted for or missing in Indochina.
Sec. 1526. Report on safety in the Army.
Sec. 1527. Report on enhanced military career opportunities for nonphysician
health-care providers.
PART D—MISCELLANEOUS DEFENSE-RELATED MATTERS
Sec. 1531. Exemption from authority to induct under the Military Selective Service
Act any person whose mother was killed in line of duty.
Sec. 1532. Prohibition of unauthorized uses of Marine Corps insignia.
Sec. 1533. Improved readiness and training of the Civil Air Patrol through provi-
sion of certain additional Federal services.
Sec. 1534. Participation of members of the Armed Forces in international sports
activities.
Sec. 1535. Instruction of foreign officers at the Uniformed Services University of
the Health Sciences.
Sec. 1536. Commission on Merchant Marine and Defense.
Sec. 1537. Department of Defense air traffic controllers.
Sec. 1538. Sale of ammunition for avalanche-control purposes.
Sec. 1539. Supplemental information to the environmental impact statement of
the Navy on the proposed transfer of certain personnel.
Sec. 1540. Authorization for Secretary of Defense to transport humanitarian relief
supplies to countries in Central America.
PART E—OTHER MISCELLANEOUS MATTERS
Sec. 1541. Survivors of the Glomar Java Sea.
Sec. 1542. Policy regarding the furnishing of food and medical supplies to
Afghanistan.
Sec. 1543. Reaffirmation of United States policy toward Cuba.
Sec. 1544. Report on use of Cuban and Russian nickel in defense procurements.
TITLE XVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 1600. Short title.
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 1601. Operating expenses.
Sec. 1602. Plant and capital equipment.
PART B—RECURRING GENERAL PROVISIONS
Sec. 1621.
Reprograming.
Sec. 1622.
Limits on general plant projects.
Sec. 1623.
Limits on construction projects.
Sec. 1624.
Fund transfer authority.
Sec. 1625.
Authority for construction design.
Sec. 1626.
Authority for emergency construction design.
Sec. 1627.
Funds available for all national security programs of the Department of
Energy.
Sec. 1628. Adjustments for pay increases.
Sec. 1629. Availability of funds.
PART C—SPECIAL PROGRAM PROVISIONS
Sec. 1631. Contractor liability for injury or loss of property arising out of atomic
weapons testing programs.
Sec. 1632. Cost-effective funding of nuclear weapons.
Sec. 1633. Review of the Inertial Confinement Fusion Program.
Sec. 1634. Naval Nuclear Propulsion Program.
Sec. 1635. Authorization for production of the 155-millimeter artillery-fired, atomic
projectile.
TITLE XVII—UNITED STATES INSTITUTE OF PEACE
Sec. 1701. Short title.
Sec. 1702. Declaration of findings and purposes.
Sec. 1703. Definitions.
Sec. 1704. Establishment of the Institute.
Sec. 1705. Powers and duties.
Sec. 1706. Board of directors.
98 STAT. 2498 PUBLIC LAW 98-525—OCT. 19, 1984
Sec. 1707. Officers and employees.
Sec. 1708. Procedures and records.
Sec. 1709. Independence and limitations.
Sec. 1710. Funding.
Sec. 1711. Dissolution or liquidation.
Sec. 1712. Reporting requirement and requirement to hold hearings.
TITLE I—PROCUREMENT
AUTHORIZATION OF APPROPRIATIONS, ARMY
SEC. 101. (aXD Funds are hereby authorized to be appropriated for
fiscal year 1985 for procurement for the Army as follows:
For aircraft, $3,852,200,000.
For missiles, $3,260,000,000.
For weapons and tracked combat vehicles, $4,838,600,000.
For ammunition, $2,338,900,000.
For other procurement, $5,457,700,000.
For Army National Guard equipment, $50,000,000.
(2) There are hereby authorized to be transferred to, and merged
with, amounts appropriated for procurement for the Army for fiscal
year 1985 pursuant to the authorization of appropriations in para-
graph (1), to the extent provided in appropriation Acts—
(A) $30,000,000 for procurement of aircraft to be derived from
amounts appropriated for fiscal year 1984 for procurement of
aircraft for the Army remaining available for obligation;
(B) $13,000,000 for procurement of missiles to be derived from
amounts appropriated for fiscal year 1984 for procurement of
missiles for the Army remaining available for obligation;
(C) $60,500,000 for procurement of weapons and tracked com-
bat vehicles to be derived from amounts available for fiscal year
1983 for procurement of weapons and tracked combat vehicles
for the Army remaining available for obligation resulting from
the sale of M48A5 tanks under a letter of offer issued pursuant
22 use 2761. to Section 21(aXl) of the Arms Export Control Act that would
otherwise be deposited in the Special Defense Acquisition Fund;
(D) $197,300,000 for procurement of weapons and tracked
combat vehicles to be derived from amounts appropriated for fiscal
year 1984 for procurement of weapons and tracked combat
vehicles for the Army remaining available for obligation;
(E) $44,000,000 for procurement of ammunition to be derived
from amounts appropriated for fiscal year 1984 for procurement
of ammunition for the Army remaining available for obligation;
and
(F) $18,000,000 for other procurement to be derived from
amounts appropriated for fiscal year 1984 for other procure-
ment for the Army remaining available for obligation.
ft)) The Secretary of the Army may enter into multiyear contracts
in accordance with section 2306(h) of title 10, United States Code, for
the purchase of UH-60A aircraft, EH-60A aircraft, M-1 tanks or
subsystems, TOW missiles, 5-ton trucks, Bushmaster Vehicle Rapid-
fire weapon systems, and shop equipment contact maintenance
vehicles, and for the execution of the CH-47D aircraft moderniza-
tion program. Such contracts may include an unfunded cancellation
ceiling. If funds are not made available for the continuation of such
a contract in subsequent fiscal years, the contract shall be cancelled
and the costs of cancellation shall be paid as provided in section
2306(hX5) of title 10, United States Code.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2499
(c) Effective on October 1, 1984, the provisions of section 794 of Effective date.
the Department of Defense Appropriation Act, 1984 (PubUc Law 98-
212), shall not apply to the procurement of EH-60A and UH-60A 97 Stat. 1454.
aircraft under a multiyear contract.
(d) None of the funds appropriated pursuant to the authorizations
of appropriations in subsection (a) may be used for the purpose of
entering into a contract for the production and assembly of the
Division Air Defense System until—
(1) initial production testing of such system is completed;
(2) the Secretary of Defense reports the results of such testing
to the appropriate committees of Congress; and
(3) a period of 30 days has elapsed after the day on which
those committees receive that report.
(e) Not later than February 1, 1985, the Secretary of the Army
shall select a contractor for the supply of 120-millimeter mortars
necessary to meet the requirements of the Army. The selection shall
be made from among companies that are existing production sources
for such mortars.
(f) None of the funds appropriated pursuant to the authorizations Prohibition.
of appropriations in subsection (a) may be used for the construction
in foreign shipyards of logistics support vessels.
AUTHORIZATION OF APPROPRIATIONS, NAVY AND MARINE CORPS
SEC. 102. (a) AIRCRAFT.—(1) Funds are hereby authorized to be
appropriated for fiscal year 1985 for procurement of aircraft for the
Navy in the amount of $11,053,200,000.
(2) There is hereby authorized to be transferred to, and merged
with, amounts appropriated for procurement of aircraft for the
Navy for fiscal year 1985 pursuant to the authorization of appropria-
tions in paragraph (1), to the extent provided in appropriation Acts,
$54,400,000 to be derived from amounts appropriated for fiscal year
1984 for procurement of aircraft for the Navy remaining available
for obligation.
(b) WEAPONS.—(1) Funds are hereby authorized to be appropriated
for fiscal year 1985 in the total amount of $4,444,800,000 for procure-
ment of weapons (including missiles and torpedoes) for the Navy as
follows:
For missile programs, $3,493,400,000.
For the MK-48 torpedo program, $212,900,000.
For the MK-46 torpedo program, $256,000,000.
For the MK-60 torpedo program, $128,500,000.
For the MK-30 mobile target program, $21,300,000.
For the MK-38 minimobile target program, $2,500,000.
For the antisubmarine rocket (ASROC) program, $25,900,000.
For the modification of torpedoes and related equipment,
$32,200,000.
For the torpedo support equipment program, $96,000,000.
For the MK-15 close-in weapon system program, $163,900,000.
For the MK-75 76-millimeter gun mount program,
$10,900,000.
For other weapons, $68,300,000.
The sum of the amounts authorized for facilities and contract
support under this subsection is reduced by $12,000,000 in order
to meet the total amount authorized to be appropriated set forth
at the beginning of this paragraph.
98 STAT. 2500 PUBLIC LAW 98-525—OCT. 19, 1984
(2) There is hereby authorized to be transferred to, and merged
with amounts appropriated for procurement of weapons for the
Navy for fiscal year 1985 pursuant to the authorization of appropria-
tions in paragraph (1) to the extent provided in appropriation Acts,
$20,000,000 to be derived from amounts appropriated for fiscal year
1984 for procurement of weapons for the Navy remaining for
obligation.
(c) SHIPBUILDING AND CONVERSION.—(1) Funds are hereby author-
ized to be appropriated for fiscal year 1985 in the total amount of
$12,153,400,000 for shipbuilding and conversion for the Navy as
follows:
For the Trident submarine program, $1,708,200,000.
For the SSN-688 nuclear attack submarine program,
$2,880,000,000.
For the aircraft carrier service life extension program (SLEP),
$764,500,000.
For the CG-47 Aegis cruiser program, $3,150,000,000.
For the DDG-51 guided missile destroyer program,
$1,173,900,000.
For the LSD-41 landing ship dock program, $489,500,000.
For the LHD-1 amphibious assault ship program, $39,200,000.
For the LPD-4 amphibious transport dock service life exten-
sion program, $15,000,000.
For the MCM-1 mine countermeasures ship program,
$349,500,000.
For the TAO-187 fleet oiler program, $562,600,000.
For the TAGOS ocean surveillance ship program,
$129,900,000.
For the TAGS ocean survey ship program, $245,000,000.
For the strategic sealift ready reserve program, $31,000,000.
For the TAGS auxiliary crane ship program, $44,000,000.
For the TAVB aviation logistics support ship program,
$42,800,000.
For the LCAC landing craft air cushion program,
$230,100,000.
For service craft and landing craft, $93,100,000.
For outfitting and post delivery, $383,600,000.
The sum of the amounts authorized for programs under this
subsection is reduced by $178,500,000 in order, to meet the total
amount authorized to be appropriated set forth at the beginning
of this paragraph.
(2) There are hereby authorized to be transferred to, and merged
with, amounts appropriated for shipbuilding and conversion for the
Navy for fiscal year 1985 pursuant to the authorizations of appro-
priations in paragraph (1), to the extent provided in appropriation
Acts, amounts appropriated for fiscal years before fiscal year 1985
for shipbuilding and conversion for the Navy and remaining avail-
able for obligation in the total amount of $70,000,000 as follows:
(A) For the Trident submarine program, $40,000,000 shall be
derived from funds appropriated for fiscal year 1983 for the
FFG-7 guided missile frigate program and shall be available
only for an x-band phased array radar.
(B) For the naval nuclear reactor training program,
$30,000,000 of which—
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2501
(i) $10,000,000 shall be derived from funds appropriated
for fiscal year 1982 for the CVN aircraft carrier program;
and
(ii) $20,000,000 shall be derived from funds appropriated
for fiscal year 1983 for the CVN aircraft carrier program.
(3) There are hereby authorized to be transferred to, and merged
with, amounts appropriated for shipbuilding and conversion for the
Navy for fiscal year 1984, to the extent provided in appropriation
Acts, amounts appropriated for fiscal years before fiscal year 1985
for shipbuilding and conversion for the Navy and remaining avail-
able for obligation $336,200,000 for the battleship reactivation pro-
gram, to be derived from funds appropriated for fiscal year 1983 for
the CVN aircraft carrier program.
(d) OTHER PROCUREMENT, NAVY.—(1) Funds are hereby authorized
to be appropriated for fiscal year 1985 for other procurement for the
Navy in the amount of $5,266,300,000, of which—
(A) $775,100,000 is available only for the ship support equip-
ment program;
(B) $1,778,800,000 is available only for the communications
and electronics equipment program; and
(C) $1,137,600,000 is available only for the ordnance support
equipment program.
(2) There is hereby authorized to be transferred to, and merged
with amounts appropriated for other procurement for the Navy for
fiscal year 1985 pursuant to the authorization of appropriations
in paragraph (1) to the extent provided in appropriation Acts,
$85,000,000 to be derived from amounts appropriated for fiscal year
1984 for other procurement for the Navy remaining for obligation.
(e) PROCUREMENT, MARINE CORPS.—Funds are hereby authorized
to be appropriated for fiscal year 1985 for procurement for the
Marine Corps (including missiles, tracked combat vehicles, and
other weapons) in the amount of $1,890,700,000.
(f) NAVY AND MARINE CORPS RESERVE.—Funds are hereby author-
ized to be appropriated for fiscal year 1985 in the total amount of
$20,000,000 for Navy Reserve equipment and $20,000,000 for Marine
Corps Reserve equipment.
(g) MULTIYEAR CONTRACTS.—The Secretary of the Navy may enter
into multiyear contracts in accordance with section 2306(h) of title
10, United States Code, for the purchase of CH-53E aircraft and
AN/SSQ-36 sonobuoys. Such contracts may include an unfunded
cancellation ceiling. If funds are not made available for the continu-
ation of such a contract in subsequent fiscal years, the contract shall
be cancelled and the costs of cancellation shall be paid as provided
in section 2306(h)(5) of title 10, United States Code.
(h) DDG-51 DESTROYER PROGRAM.—None of the funds appropriated
pursuant to the authorization of appropriations in subsection (c) for
the DDG-51 guided missile destroyer program may be obligated or
expended until the Secretary of the Navy certifies to the Commit-
tees on Armed Services and on Appropriations of the Senate and
House of Representatives that the lead ship in that program is
capable of being equipped with a Rankine-Cycle Energy Recovery
(RACER) system without rearrangement of ship spaces and equip-
ment or other major modification to the ship.
(i) COMMON AIRCRAFT EJECTION SEAT.—Notwithstanding any
other provision of law, the Secretary of the Navy may establish and
maintain an alternative source for the procurement of a common
aircraft ejection seat for the F/A-18 aircraft, the T-45 aircraft, the
31-194 0 - 8 6 - 5 : QL.3 P a r t S
98 STAT. 2502 PUBLIC LAW 98-525—OCT. 19, 1984
F-14D aircraft, and the A-6E upgrade aircraft. A business concern
may be considered as such alternative source regardless of the
country in which the business concern is based.
AUTHORIZATION OF APPROPRIATIONS, AIR FORCE
SEC. 103. (a)(1) Funds are hereby authorized to be appropriated for
fiscal year 1985 for procurement for the Air Force as follows:
For aircraft, $26,101,700,000.
For missiles, $8,605,300,000.
For other procurement, $8,724,000,000.
For Air National Guard equipment, $20,000,000.
(2)(A) There are hereby authorized to be transferred to, and
merged with, amounts appropriated for procurement of aircraft for
the Air Force for fiscal year 1985 pursuant to the authorization of
appropriations in paragraph (1), to the extent provided in appropria-
tion Acts—
(i) $99,000,000 to be derived from amounts available for fiscal
years 1983, 1984, and 1985 for procurement of aircraft for the
Air Force remaining available for obligation resulting from the
sale of aircraft under a letter of offer issued pursuant to section
22 use 2761. 21(a)(1) of the Arms Export Control Act that would otherwise be
deposited in the Special Defense Acquisition Fund;
(ii) $206,700,000 to be derived from amounts appropriated for
fiscal year 1984 for procurement of aircraft for the Air Force
remaining available for obligation; and
(iii) $144,800,000 to be derived from amounts appropriated for
fiscal year 1983 for procurement of aircraft for the Air Force
remaining for obligation from the C-19 program.
(3) There is hereby authorized to be transferred to, and merged
with, amounts appropriated for procurement of missiles for the Air
Force for fiscal year 1985 pursuant to the authorization of appro-
priations in paragraph (1), to the extent provided in appropriation
Acts, $15,000,000 to be derived from amounts appropriated for fiscal
year 1984 for procurement of missiles for the Air Force remaining
for obligation.
(4) There is hereby authorized to be transferred to, and merged
with, amounts appropriated for other procurement for the Air Force
for fiscal year 1985 pursuant to the authorization of appropriations
in paragraph (1), to the extent provided in appropriation Acts,
$14,500,000 to be derived from amounts appropriated for fiscal year
1984 for other procurement for the Air Force remaining for
obligation.
(b) The Secretary of the Air Force may not make a contract for the
procurement of aircraft engines unless the amount under the con-
tract for any warranty required by section 797 of the Department of
Defense Appropriation Act, 1983 (as contained in section 101(c) of
96 Stat. 1833. Public Law 97-377), section 794 of the Department of Defense
97 Stat. 1454. Appropriation Act, 1984 (Public Law 98-212), or section 2403 of title
Post, p. 2601. 10, United States Code (as added by section 1234), does not exceed 10
percent of the total contract price.
(c) The Secretary of the Air Force may enter into a multiyear
contract for the purchase of F-16 aircraft in accordance with section
2306(h) of title 10, United States Code. Such contract may include an
unfunded cancellation ceiling. In the event funds are not made
available for the continuation of such contract in subsequent fiscal
years, the contract shall be cancelled and the costs of cancellation
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2503
shall be paid as provided in section 2306(h)(5) of title 10, United
States Code.
(d) The Secretary of the Air Force shall acquire four additional
used commercial passenger aircraft to be used to augment national
security airlift operations. Such aircraft shall be acquired using
amounts which were appropriated for fiscal year 1983 for procure-
ment of equipment for the Air National Guard and which remain
available for obligation.
AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES
SEC. 104. Funds are hereby authorized to be appropriated for fiscal
year 1985 for the defense agencies in the amount of $1,180,200,000.
AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN NATO COOPERATIVE
PROGRAMS
SEC. 105. (a) Funds are hereby authorized to be appropriated for
fiscal year 1985 for activities of the Under Secretary of Defense for
Research and Engineering for acquisition in connection with cooper-
ative programs of the North Atlantic Treaty Organization as
follows:
For acquisition of the Patriot missile system for the Federal
Republic of Germany, $150,000,000.
For acquisition of point air defense of United States airbases
in the Federal Republic of Germany, $65,000,000.
For acquisition of point air defense of United States airbases
and other critical United States military facilities in Italy,
$15,000,000.
For acquisition of point air defense for ground-launched
cruise missile bases in Europe, $10,000,000.
For acquisition of point air defense of United States airbases
in Turkey, $10,000,000.
(b) None of the amounts appropriated pursuant to the authoriza-
tions in subsection (a) may be obligated—
(1) for implementation of a cooperative program until the
Secretary of Defense submits to the Committees on Armed
Services of the Senate and House of Representatives a copy of
each government-to-government agreement relating to that pro-
gram; or
(2) for acquisitions in connection with a NATO cooperative
program in which the financial obligations of the United States
exceed the collective financial obligations of European countries
in connection with such program.
EXTENSION OF AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CON-
NECTION WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM
(AWACS) PROGRAM
SEC. 106. Effective on October 1,1984, section 103(a) of the Depart- Effective date,
ment of Defense Authorization Act, 1982 (Public Law 97-86; 95 Stat.
1100), is amended by striking out "fiscal year 1984" each place it
appears and inserting in lieu thereof "fiscal year 1985".
98 STAT. 2504 PUBLIC LAW 98-525—OCT. 19, 1984
UMITATION ON WAIVERS OF COST-RECOVERY REQUIREMENTS UNDER
ARMS EXPORT CONTROL ACT
SEC. 107. The authority of the President under section 21(e)(2) of
22 use 2761. the Arms Export Control Act may be exercised without regard to
the Hmitation imposed by section 762A of the Department of
97 Stat. 1450. Defense Appropriation Act, 1984 (PubUc Law 98-212).
WAIVER OF LIMITATION ON FOREIGN MILITARY SALES PROGRAM
22 use 2751 SEC. 108. The Arms Export Control Act shall be administered as if
note. section 743A of the Department of Defense Appropriation Act, 1984
97 Stat. 1446. (Public Law 98-212; 96 Stat. 1858), had not been enacted into law.
T R A N S F E R OF CERTAIN MILITARY EQUIPMENT OR DATA TO FOREIGN
COUNTRIES
SEC. 109. Section 765(c) of the Department of Defense Appropria-
97 Stat. 1450. tion Act, 1984 (Public Law 98-212), is hereby repealed.
POLICY CONCERNING ACQUISITION OF ADDITIONAL MX MISSILES
SEC. 110. (a) Subject to subsections (b) and (c), of the funds appro-
priated pursuant to the authorization of appropriations in section
103 for procurement of missiles for the Air Force, $2,500,000,000
may be used for the MX missile program, including acquisition of
not more than 21 additional operational MX missiles.
(b) Except as provided in subsection (c), none of the $2,500,000,000
described in subsection (a) may be obligated for the procurement of
additional operational MX missiles unless—
President of U.S. (1) after March 1, 1985, the President submits to Congress a
Report. report described in subsection (e);
(2) a joint resolution approving the obligation of those funds is
enacted as provided for in this section; and
(3) a second joint resolution is enacted as provided for in the
Department of Defense Appropriation Act, 1985 (or in a joint
resolution providing funds for the Department of Defense for
fiscal year 1985), further approving the obligation of those
funds.
(c) Of the $2,500,000,000 described in subsection (a), $1,000,000,000
may be obligated only for—
(1) procurement related to the deployment of the 21 MX
missiles for which funds were authorized and appropriated for
fiscal year 1984;
(2) advance procurement of parts and materials for the MX
missile program and for the maintenance of the MX missile
program contractor base; and
(3) spare parts for the MX missile program.
(d)(1) For the purpose of subsection (b)(2), "joint resolution" means
only a joint resolution introduced after the date on which the report
of the President under subsection (b)(1) is received by Congress the
matter after the resolving clause of which is as follows: "That
subject to the enactment (after the enactment of this joint resolu-
tion) of a joint resolution further approving the obligation of such
funds, the Congress approves the obligation of funds appropriated
for fiscal year 1985 for the procurement of additional operational
MX missiles (in addition to the funds previously authorized to be
obligated).".
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2505
(2) A resolution described in paragraph (1) introduced in the
House of Representatives shall be referred to the Committee on
Armed Services of the House of Representatives. A resolution de-
scribed in paragraph (1) introduced in the Senate shall be referred to
the Committee on Armed Services of the Senate. Such a resolution
may not be reported before the 8th day after its introduction.
(3) If the committee to which is referred a resolution described in
paragraph (1) has not reported such resolution (or an identical
resolution) at the end of 15 calendar days after its introduction or at
the end of the first day after there has been reported to the House
involved a joint resolution approving the further obligation of funds
for the procurement of operational MX missiles as provided for in
the Department of Defense Appropriation Act, 1985 (or in a joint
resolution providing funds for the Department of Defense for fiscal
year 1985), whichever is earlier, such committee shall be deemed to
be discharged from further consideration of such resolution and
such resolution shall be placed on the appropriate calendar of the
House involved.
(4)(A) When the committee to which a resolution is referred has
reported, or has been deemed to be discharged (under paragraph (3))
from further consideration of, a resolution described in paragraph
(1), it is at any time thereafter in order (even though a previous
motion to the same effect has been disagreed to) for any Member of
the respective House to move to proceed to the consideration of the
resolution, and all points of order against the resolution (and against
consideration of the resolution) are waived. The motion is highly
privileged in the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject to amend-
ment, or to a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the resolution is agreed
to, the resolution shall remain the unfinished business of the respec-
tive House until disposed of.
(B) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between those favoring and
those opposing the resolution. A motion further to limit debate is in
order and not debatable. An amendment to, or a motion to postpone,
or a motion to proceed to the consideration of other business, or a
motion to recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed to or disagreed
to is not in order.
(C) Immediately following the conclusion of the debate on a
resolution described in paragraph (1), and a single quorum call at
the conclusion of the debate if requested in accordance with the
rules of the appropriate House, the vote on final passage of the
resolution shall occur.
(D) Appeals from the decisions of the Chair relating to the applica-
tion of the rules of the Senate or the House of Representatives, as
the case may be, to the procedure relating to a resolution described
in paragraph (1) shall be decided without debate.
(5) If, before the passage by one House of a resolution of that
House described in paragraph (1), that House receives from the
other House a resolution described in paragraph (1), then the follow-
ing procedures shall apply:
98 STAT. 2506 PUBLIC LAW 98-525—OCT. 19, 1984
(A) The resolution of the other House shall not be referred to
a committee.
(B) With respect to a resolution described in paragraph (1) of
the House receiving the resolution—
(i) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(ii) the vote on final passage shall be on the resolution of
the other House.
(6) This subsection is enacted by Congress—
(A) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is deemed
a part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of a resolution described in paragraph (1), and it
supercedes other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
that House) at any time, in the same manner and to the same
extent as in the case of any other rule of that House.
Report. (e) A report under subsection (b)(1) shall include—
President of U.S. (1) a statement that the President has determined that fur-
ther acquisition of operational missiles under the MX missile
program is in the national security interest of the United States
and is consistent with United States arms control policy;
(2) findings of the President concerning the effect of the
acquisition and deployment of such missiles on the vulnerability
of the United States land-based intercontinental ballistic mis-
sile force;
(3) a discussion of the basing mode for the MX missile (and
related improvements in silo-hardening technology) and of pro-
posals for the basing mode for the small, single-warhead inter-
continental ballistic missile; and
(4) to the extent not covered under paragraphs (1) through (3),
the assessment of the President submitted pursuant to subsec-
tion (g)(2).
(f) Obligation for the MX missile program of funds appropriated
for fiscal year 1985 is subject to section 1231 of the Department of
Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 693).
(gXD Section 1231(e) of the Department of Defense Authorization
Act, 1984 (Public Law 98-94; 97 Stat. 694), is amended—
(A) by striking out "the Committees on Armed Services of the
Senate and House of Representatives" and inserting in lieu
thereof "Congress";
(B) by striking out "the date of the enactment of this Act" and
inserting in lieu thereof "September 24,1983,";
(C) by striking out "and" at the end of clause (B);
(D) by striking out the period at the end of clause (C) and
inserting in lieu thereof "; and"; and
(E) by adding at the end thereof the following new clause:
"(D) the progress of efforts to develop more survivable basing
modes for the MX and other intercontinental missiles, including
a new small mobile intercontinental ballistic missile.".
(2) The first assessment under section 1231(e) of the Department of
Supra. Defense Authorization Act, 1984, submitted after the date of the
enactment of this Act shall be submitted as part of the report
described in subsection (e) (rather than coincident with any request
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2507
for funds for the procurement of MX missiles submitted to Congress
before the submission of that report).
PROHIBITION OF SPENDING FUNDS FOR BINARY CHEMICAL MUNITIONS
SEC. 111. None of the funds appropriated pursuant to authoriza-
tions of appropriations in this title may be used for procurement of
binary chemical munitions, including advanced procurement of
long-lead components or for the establishment of a production base
for such munitions.
STRATEGIC WEAPONS LOADER
SEC. 112. None of the funds appropriated to the Department of
Defense may be obligated or expended for procurement of a new
strategic weapons loader to meet the performance requirements for
the B-IB bomber aircraft or the Advanced Technology Bomber
aircraft until a contractor for such weapons loader has been deter-
mined after a competition.
FOREIGN MILITARY SALES OF AIR NATIONAL GUARD OA-37 AIRCRAFT
SEC. 113. It is the sense of Congress—
(1) that the Air Force should, at the earliest practicable date,
provide modern replacement aircraft for those Air National
Guard units currently using OA-37 Dragonfly aircraft in order
to fulfill Forward Air Controller (FAC) mission of the Air
National Guard; and
(2) that the United States should not sell or otherwise provide
to any foreign country any OA-37 aircraft currently assigned to
an Air National Guard unit unless the unit to which such
aircraft is assigned is in the process of converting to the use of a
more modern aircraft or unless the OA-37 aircraft to be sold or
otherwise provided to a foreign country has been replaced with
an OA-37 from the stocks of the Air Force.
TITLE II-RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. (a) Funds are hereby authorized to be appropriated for
fiscal year 1985 for the use of the Armed Forces for research,
development, test, and evaluation in amounts as follows:
For the Army, $4,546,675,000.
For the Navy (including the Marine Corps), $9,409,596,000.
For the Air Force, $13,547,311,000.
For the Defense Agencies, $4,577,681,000, of which $59,000,000
is authorized for the activities of the Director of Test and
Evaluation,
(b) There is hereby authorized to be transferred to, and merged
with, amounts appropriated for research and development for the
Navy for fiscal year 1985 pursuant to the authorization of appropria-
tions in subsection (a), to the extent provided in appropriation Acts,
$13,000,000 to be derived from amounts appropriated for fiscal year
1984 for research and development for the Navy remaining avail-
able for obligation.
98 STAT. 2508 PUBLIC LAW 98-525—OCT. 19, 1984
(c) In addition to the funds authorized to be appropriated in
subsection (a), there are authorized to be appropriated for fiscal year
1985 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).
PROVISIONS RELATING TO ARMY PROGRAMS
Energy. SEC. 202. (a)(1) Of the amount authorized in section 201 for the
Motor vehicles. Army, the sum of $1,300,000 is available only for—
(A) the purchase of new methanol cars;
(B) establishing the reliability and durability of such vehicles
in laboratory and fleet tests;
(C) testing a percentage of the methanol fleet in cold weather
environments; and
(D) resolving related support functions for the safe and effi-
cient storage, distribution, and the use of neat methanol fuel for
such vehicles.
Report. (2) Not later than September 30, 1985, the Secretary of the Army
shall submit to the Committee on Armed Services of the Senate and
House of Representatives a report on the progress of the methanol
fuel program described in paragraph (1).
(b)(1) The Secretary of the Army shall proceed with the competi-
tive development of a Joint Tactical Missile System having the
following design goals:
(A) A maximum range of 200 kilometers.
(B) A payload at maximum range of 1,000 pounds.
(2) In the development of the Joint Tactical Missile System, the
Secretary of the Army shall make maximum use of proven missile
system technology with the objective of completing the competitive
full-scale engineering development of the system by July 1, 1987.
Report. (3) Not later than January 1 of 1985,1986, and 1987, the Secretary
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the progress of the develop-
ment of the system referred to in paragraph (1).
LIMITATIONS ON FUNDS FOR THE NAVY
SEC. 203. (a) Of the amount authorized in section 201 for the Navy
(including the Marine Corps)—
(1) $45,000,000 is available only for continued development of
the Rankine-Cycle Energy Recovery (RACER) system to ensure
compatibility of the RACER system with all ships of the DDG-
51 class, including the lead ship;
(2) $25,016,000 is available only for the development of a
derivative of the Navy SH-60 helicopter for the aircraft carrier
inner-zone anti-submarine warfare helicopter mission;
(3) $37,795,000 is available only for the Mark 92 fire control
system;
(4) $30,000,000 is available only for advanced submarine tech-
nology initiatives to enhance the effectiveness of the Navy new
design attack submarine designated SSN-X and subsequent
submarines;
(5) $42,422,000 is available only for continued development of
the low cost anti-radiation guidance and control system for the
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2509
High-Speed Anti-Radiation Missile (HARM) and other delivery
vehicles*
(6) $6,000,000 is available only for the development of the
rotary engine for Army, Navy, and Marine Corps applications;
(7) $26,603,000 is available only for the development of the
Vertical Launch Anti-Submarine Rocket system; and
(8) $2,500,000 is available only for the development of the
Submarine Laser Communication System.
Ot)) Of the amount authorized in section 201 for the Navy, not more
than $100,000,000 may be obligated or expended for research and
development of the new design submarine and its associated pro-
grams and projects unless and until the Secretary of the Navy
provides to the Committees on Armed Services of the Senate and
House of Representatives written certification that, based on cur-
rent national intelligence estimates approved by the Director of
Central Intelligence, the new design attack submarine will be capa-
ble under operational conditions of engaging the known Soviet
submarine threat.
LIMITATIONS ON FUNDS FOR THE AIR FORCE
SEC. 204. Of the amount authorized in section 201 for the Air
Force—
(1) $129,285,000 is available only for development of the C-17
cargo transport aircraft;
(2) $2,000,000 is available only to complete test and evaluation
of the C-5 cargo transport aircraft; and
(3) $4,000,000 is available only for continued development of
the low cost anti-radiation guidance and control system for the
High-Speed Anti-Radiation Missile (HARM) and other delivery
vehicles.
POUCY GOVERNING THE TEST OF ANTI-SATELUTE WARHEADS
SEC. 205. Section 1235 of the Department of Defense Authorization President of U.S.
Act, 1984 (Public Law 98-94; 97 Stat. 695), is amended to read as lo use 139 note.
follows:
"POUCY GOVERNING THE TEST OP ANTI-SATELLITE WARHEADS
"SEC. 1235. (a) Notwithstanding any other provision of law, none
of the funds appropriated pursuant to an authorization contained in
this or any other Act may be obligated or expended to test against
an object in space the miniature homing vehicle (MHV) anti-satel-
lite warhead launched from an F-15 aircraft unless the President
determines and certifies to Congress—
"(1) that the United States is endeavoring, in good faith, to
negotiate with the Soviet Union a mutual and verifiable agree-
ment with the strictest possible limitations on anti-satellite
weapons consistent with the national security interests of the
United States;
"(2) that, pending agreement on such strict limitations, test-
ing against objects in space of the F-15 launched miniature
homing vehicle anti-satellite warhead by the United States is
necessary to avert clear and irrevocable harm to the national
security;
98 STAT. 2510 PUBLIC LAW 98-525—OCT. 19, 1984
"(3) that such testing would not constitute an irreversible step
that would gravely impair prospects for negotiations on anti-
satellite weapons; and
"(4) that such testing is fully consistent with the rights and
obligations of the United States under the Anti-Ballistic Missile
23 UST 3435. Treaty of 1972 as those rights and obligations exist at the time
of such testing.
Prohibition. "(b) During fiscal year 1985, funds appropriated for the purpose of
testing the F-15 launched miniature homing vehicle anti-satellite
warhead may not be used to conduct more than two successful tests
of that warhead against objects in space.
"(c) The limitation on the expenditure of funds provided by
subsection (a) shall cease to apply 15 calendar days after the date of
the receipt by Congress of the certification referred to in subsection
(a).".
UMITATION ON FUNDS FOR THE DEFENSE AGENCIES
SEC. 206. Of the amount authorized in section 201 for the Defense
Agencies—
(1) $35,000,000 is available only for the Strategic Laser Com-
munication Technology program; and
(2) $10,000,000 is available only for the application of free
electron laser technology for medical research.
IMPLEMENTATION OF LAW TO ESTABUSH INDEPENDENT DIRECTOR OF
OPERATIONAL TEST AND EVALUATION
SEC. 207. Of the amount appropriated for the activities of the
Director of Test and Evaluation of the Department of Defense
pursuant to the authorization of appropriations in section 201 (in-
cluding activities relating to foreign weapons evaluation), not more
than $20,000,000 may be obligated or expended until—
(1) the President appoints, by and with the advice and consent
of the Senate, an individual to be the Director of Operational
Test and Evaluation of the Department of Defense; and
(2) the Secretary of Defense establishes within the Depart-
ment of Defense the organizational structure for the Office of
the Director of Operational Test and Evaluation, as provided for
97 Stat. 684. Under section 136a of title 10, United States Code.
TITLE III—OPERATION AND MAINTENANCE
AUTHORIZATION OF APPROPRIATIONS
SEC. 301. (a) ARMY.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $18,626,623,000 for
expenses, not otherwise provided for, for the operation and mainte-
nance of the Army as follows:
(1) For general purpose forces, $6,531,066,000.
(2) For intelligence and communications, $1,189,739,000.
(3) For central supply and maintenance, $5,350,590,000.
(4) For training, medical, and other general personnel activi-
ties, $4,149,964,000.
(5) For administration, $1,212,090,000.
(6) For support of other nations, $193,174,000.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2511
(b) NAVY.—Funds are hereby authorized to be appropriated for
fiscal year 1985 in the total amount of $25,449,923,000 for expenses,
not otherwise provided for, for the operation and maintenance of the
Navy and the Marine Corps as follows:
(1) For strategic forces, $2,257,821,000.
(2) For general purpose forces, $12,062,668,000.
(3) For intelligence and communications, $1,122,038,000.
(4) For airlift and sealift, $561,526,000.
(5) For central supply and maintenance, $6,397,666,000.
(6) For training, medical, and other general personnel activi-
ties, $2,356,457,000.
(7) For administration, $689,235,000.
(8) For support of other nations, $2,512,000.
(c) MARINE CORPS.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $1,648,169,000 for
expenses, not otherwise provided for, for the operation and mainte-
nance of the Marine Corps as follows:
(1) For general purpose forces, $904,152,000.
(2) For central supply and maintenance, $395,425,000.
(3) For training, medical, and other general personnel activi-
ties, $238,574,000.
(4) For administration, $110,018,000.
(d) AIR FORCE.—Funds are hereby authorized to be appropriated
for fiscal year 1985 in the total amount of $19,528,869,000 for
expenses, not otherwise provided for, for the operation and mainte-
nance of the Air Force as follows:
(1) For strategic forces, $3,175,540,000.
(2) For general purpose forces, $4,021,426,000.
(3) For intelligence and communications, $2,155,522,000.
(4) For airlift and sealift, $1,267,807,000.
(5) For central supply and maintenance, $6,299,250,000.
(6) For training, medical, and other general personnel activi-
ties, $2,042,959,000.
(7) For administration, $558,323,000.
(8) For support of other nations, $8,042,000.
(e) DEFENSE AGENCIES.—Funds are hereby authorized to be appro-
priated for fiscal year 1985 in the total amount of $7,127,752,000 for
expenses, not otherwise provided for, for the operation and mainte-
nance of activities and agencies of the Department of Defense (other
than the military departments) as follows:
(1) For general purpose forces, $324,227,000.
(2) For intelligence and communications, $2,530,570,000.
(3) For central supply and maintenance, $1,644,460,000.
(4) For training, medical, and other general personnel activi-
ties, $2,163,411,000.
(5) For administration, $465,084,000.
(f) ARMY RESERVE.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $724,900,000 for
expenses, not otherwise provided for, for the operation and mainte-
nance of the Army Reserve as follows:
(1) For mission forces, $408,274,000.
(2) For depot maintenance, $8,656,000.
(3) For other support, $307,970,000.
(g) NAVAL RESERVE.—Funds are hereby authorized to be appropri-
ated for fiscal year 1985 in the total amount of $833,681,000 for
expenses, not otherwise provided for, for the operation and mainte-
nance of the Naval Reserve as follows:
98 STAT. 2512 PUBLIC LAW 98-525—OCT. 19, 1984
(1) For mission forces, $480,651,000.
(2) For depot maintenance, $149,426,000.
(3) For other support, $203,604,000.
(h) MARINE CORPS RESERVE.—Funds are hereby authorized to be
appropriated for fiscal year 1985 in the total amount of $58,642,000
for expenses, not otherwise provided for, for the operation and
maintenance of the Marine Corps Reserve as follows:
(1) For mission forces, $29,106,000.
(2) For depot maintenance, $1,665,000.
(3) For other support, $27,871,000.
(i) AIR FORCE RESERVE.—Funds are hereby authorized to be appro-
priated for fiscal year 1985 in the total amount of $872,661,000 for
expenses, not otherwise provided for, for the operation and mainte-
nance of the Air Force Reserve as follows:
(1) For mission forces, $569,230,000.
(2) For depot maintenance, $154,212,000.
(3) For other support, $149,219,000.
0") ARMY NATIONAL GUARD.—Funds are hereby authorized to be
appropriated for fiscal year 1985 in the total amount of
$1,437,743,000 for expenses, not otherwise provided for, for the
operation and maintenance of the Army National Guard as follows:
(1) For training operations, $228,535,000.
(2) For logistic support, $1,080,770,000.
(3) For headquarters and command support, $117,429,000.
(4) For medical support, $11,009,000.
(k) AIR NATIONAL GUARD.—Funds are hereby authorized to be
appropriated for fiscal year 1985 in the total amount of
$1,814,248,000 for expenses, not otherwise provided for, for the
operation and maintenance of the Air National Guard as follows:
(1) For mission forces, $1,339,637,000.
(2) For depot maintenance, $350,793,000.
(3) For other support, $123,818,000.
(1) NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE,
ARMY.—There is hereby authorized to be appropriated for fiscal
year 1985 the total amount of $914,000 for expenses of the Secretary
of the Army, upon the recommendation of the National Board for
the Promotion of Rifle Practice, under section 4308 of title 10,
United States Code, and the expenses of the Secretary of the Army
under sections 4309 and 4313 of such title.
(m) CLAIMS, DEFENSE.—There is hereby authorized to be appropri-
ated for fiscal year 1985 the total amount of $157,900,000 for pay-
ment, not otherwise provided for, of claims authorized by law to be
paid by the Department of Defense (except for civil functions).
(n) COURT OF MILITARY APPEALS, DEFENSE.—There is hereby
authorized to be appropriated for fiscal year 1985 the amount of
$3,416,000 for salaries and expenses for the United States Court of
Military Appeals.
GENERAL AUTHORIZATION O F APPROPRIATIONS FOR PAY RAISES, FUEL
COSTS, A N D INFLATION ADJUSTMENTS
SEC. 302. There are authorized to be appropriated for fiscal year
1985, in addition to the amounts authorized to be appropriated in
section 301, such sums as may be necessary—
(1) for increases in salary, pay, retirement, and other em-
ployee benefits authorized by law for civilian employees of the
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2513
Department of Defense whose compensation is provided for by
funds authorized to be appropriated in section 301;
(2) for unbudgeted increases in fuel costs; and
(3) for increases as the result of inflation in the cost of
activities authorized by section 301.
AUTHORIZATION OF APPROPRIATIONS FOR WORKING-CAPITAL FUNDS
SEC. 303. Funds are hereby authorized to be appropriated for fiscal
year 1985 to provide capital for working-capital funds of the Depart-
ment of Defense in amounts as follows:
For the Army Stock Fund, $366,448,000.
For the Navy Stock Fund, $473,007,000.
For the Marine Corps Stock Fund, $34,908,000.
For the Air Force Stock Fund, $631,793,000.
For the Defense Stock Fund, $130,700,000.
CONTINGENCY FUNDS FOR THE UNIFIED AND SPECIFIED COMMANDS
SEC. 304. The Secretary of Defense may make available to the
Joint Chiefs of Staff, out of any funds appropriated pursuant to the
authorizations contained in section 301 for the Army, Navy, Marine
Corps, and Air Force, such sums as may be necessary to meet
unforeseen and contingent requirements of the unified and specified
commands of the Armed Forces.
S A L E O F ARTICLES M A N U F A C T U R E D B Y CERTAIN ARSENALS; ASSET
CAPITAUZATION PROGRAM
SEC. 305. Section 2208 of title 10, United States Code, is
amended—
(1) by redesignating subsection (i) as subsection (k); and
(2) by inserting after subsection (h) the following new subsec-
tions:
"(i)(l) Regulations under subsection (h) may authorize an article
manufactured by a working-capital funded Department of the Army
arsenal that manufactures large caliber cannons, gun mounts, or
recoil mechanisms to be sold to a person outside the Department of
Defense if—
"(A) the article is sold to a United States manufacturer,
assembler, or developer (i) for use in developing new products,
or (ii) for incorporation into items to be sold to, or to be used in a
contract with, an agency of the United States or a friendly
foreign government;
"(B) the purchaser is determined by the Department of
Defense to be qualified to carry out the proposed work involving
the article to be purchased;
"(C) the article is not readily available from a commercial
source in the United States; and
"(D) the sale is to be made on a basis that does not interfere
with performance of work by the arsenal for the Department of
Defense or for a contractor of the Department of Defense.
"(2) Services related to an article sold under this subsection may
also be sold to the purchaser if the services are to be performed in
the United States for the purchaser.
"(3) Nothing in this subsection shall be construed to affect the
application of the export controls provided for in section 38 of the
98 STAT. 2514 PUBLIC LAW 98-525—OCT. 19, 1984
22 use 2778. Arms Export Control Act to items which incorporate or are pro-
duced through the use of an article sold under this subsection,
"(j) The Secretary of Defense shall provide that of the total
amount of payments received in a fiscal year by funds established
under this section for industrial-type activities, not less than 3
percent during fiscal year 1985, not less than 4 percent during fiscal
year 1986, and not less than 5 percent during fiscal year 1987 shall
be used for the acquisition of capital equipment for such activities.".
ADMINISTRATIVE TRANSITION PROVISION FOR NAVY STOCK FUND
MANAGEMENT CHANGE
SEC. 306. (a) In the management of the Navy Stock Fund estab-
lished under section 2208 of title 10, United States Code, the Secre-
tary of the Navy may provide for a withdrawal credit to be made by
the stock fund to the current applicable appropriation accounts of
an activity of the Navy in connection with the acquisition by that
activity from the stock fund of supplies described in subsection (b).
The amount of any such credit shall be the amount of the charge of
the stock fund to the activity for the supplies.
(b) Subsection (a) applies in the case of the acquisition by an
activity of the Navy from the Navy Stock Fund of supplies—
(1) that are aircraft components (or that are used in connec-
tion with aviation activities) that are repairable only at a repair
depot; and
(2) that are capitalized into the Navy Stock Fund as a result of
the management change effective on April 1, 1985, relating to
depot-level repairable assets and that are charged to an activity
of the Navy that is a customer of the Navy Stock Fund.
(c) A withdrawal credit may be made under this section without
regard to the last sentence of section 2208(g) of title 10, United
States Code.
UMITATION ON CONTRACTING-OUT CORE LOGISTICS FUNCTIONS
Defense and SEC. 307. (a)(1) It is essential for the national defense that Depart-
national ment of Defense activities maintain a logistics capability (including
security. personnel, equipment, and facilities) to ensure a ready and con-
10 u s e 2304
note. trolled source of technical competence and resources necessary to
ensure effective and timely response to a mobilization, national
defense contingency situations, and other emergency requirements.
(2) The Secretary of Defense shall identify those logistics activities
that are necessary to maintain the logistics capability described in
paragraph (1).
01)X1) Except as provided in paragraph (2), performance of a logis-
tics activity identified by the Secretary under subsection (aX2) may
not be contracted for performance by non-Government personnel
under the procedures and requirements of Office of Management
and Budget Circular A-76 or any successor administrative regula-
tion or policy (hereinafter in this section referred to as "0MB
Circular A-76").
Waiver. (2) The Secretary of Defense may waive paragraph (1) in the case
of any logistics activity and provide that performance of such ac-
tivity shall be considered for conversion to contractor performance
Regulations. in accordance with 0MB Circular A-76. Any such waiver shall be
made under regulations prescribed by the Secretary and shall be
based on a determination by the Secretary that Government per-
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2515
formance of the activity is no longer required for national defense
reasons. Such regulations shall include criteria for determining
whether Government performance of a logistics activity identified
under subsection (a)(2) is no longer required for national defense
reasons.
(3) A waiver under paragraph (2) may not take effect until— Report.
(A) the Secretary has submitted a report on the waiver to the
Committees on Armed Services of the Senate and House of
Representatives; and
(B) a period of 20 days of continuous session of Congress or 40
calendar days has passed after the receipt of the report by those
committees.
(4) For purposes of paragraph (3)(B), the continuity of a session of
Congress is broken only by an adjournment sine die, and the days on
which either House is not in session because of an adjournment of
more than three days to a day certain are excluded in the computa-
tion of such 30-day period.
(c) Identification of logistics activities that are necessary to main- Report.
tain the logistics capability described in subsection (aXD shall be
completed, and a report describing those activities (including a
detailed specification or listing) shall be submitted to the Commit-
tees on Armed Services of the Senate and House of Representatives,
not later than April 1,1985.
UMITATION ON CONSULTING AND RELATED SERVICES
SEC. 308. Of the funds appropriated to or for the use of the
Department of Defense for fiscal year 1985 pursuant to an authori-
zation contained in this Act or any other law, not more than
$1,302,599,000 may be obligated or expended for consultants, studies
and analyses, management support contracts, and contract systems
and technical engineering.
RESTRICTION ON REDUCTION IN PORTS OF ORIGIN FOR CERTAIN CARGO
CARRIED ON VESSELS OF THE MIUTARY SEAUFT COMMAND
SEC. 309. (a)(1) Except as provided in subsection (b), funds appro-
priated to the Department of Defense pursuant to an authorization
of appropriations in this Act may not be used to carry out a
permanent consolidation or reduction, to a number less than the
base number, in the number of ports at which cargo shipments
originate that—
(A) are shipments of breakbulk cargo;
(B) are carried through the Panama Canal on vessels operated
by or for the Military Sealift Command; and
(C) have a destination at a port on the Pacific Ocean outside
the continental United States.
(2) For the purposes of paragraph (1), the base number is the
number of ports which were being used to originate cargo shipments
described in paragraph (1) as of January 1,1984.
(b) The limitation in subsection (a) shall cease to apply with Expiration
respect to a proposed consolidation or reduction 30 days after the date.
date on which Congress receives a report from the Secretary of
Defense describing the proposed consolidation or reduction, but not
before February 1,1985.
98 STAT. 2516 PUBLIC LAW 98-525—OCT. 19, 1984
SENSE OF CONGRESS CONCERNING INTRODUCTION OF UNITED STATES
ARMED FORCES INTO CENTRAL AMERICA FOR COMBAT
50 u s e 1541 SEC. 310. (a) The Congress makes the following findings:
note. (1) The President has stated that there is no need to introduce
President of U.S.
United States Armed Forces into Central America for combat
and that he has no intention of doing so.
El Salvador. (2) The President of El Salvador has stated that there is no
need for United States Armed Forces to conduct combat oper-
ations in El Salvador and that he has no intention of asking
that they do so.
(3) The possibility of the introduction of United States Armed
Forces into Central America for combat raises very grave con-
cern in the Congress and the American people.
(b) It is the sense of Congress that—
(1) United States Armed Forces should not be introduced into
or over the countries of Central America for combat; and
(2) if circumstances change from those present on the date of
the enactment of this Act and the President believes that those
changed circumstances require the introduction of United
States Armed Forces into or over a country of Central America
for combat, the President should consult with Congress before
any decision to so introduce United States Armed Forces and
any such introduction of United States Armed Forces must
50 u s e 1541 comply with the War Powers Resolution.
note.
TITLE IV—PERSONNEL AUTHORIZATIONS
PART A—ACTIVE FORCES
AUTHORIZATION OF END STRENGTHS
SEC. 401. The Armed Forces are authorized strengths for active
duty personnel as of September 30,1985, as follows:
(1) The Army, 780,800.
(2) The Navy, 571,300.
(3) The Marine Corps, 198,300.
(4) The Air Force, 602,070.
EXTENSION OF QUAUTY CONTROL ON ENUSTMENTS INTO THE ARMY
SEC. 402. Effective on October 1,1984, section 302(a) of the Depart-
97 Stat. 629. ment of Defense Authorization Act, 1981 (10 U.S.C. 520 note), is
amended by striking out "October 1, 1983" and "September 30,
1984" and inserting in lieu thereof "October 1, 1984" and "Septem-
ber 30,1985", respectively.
PART B—RESERVE FORCES
AUTHORIZATION OF AVERAGE STRENGTHS FOR SELECTED RESERVE
10 use 261 note. SEC. 411. (a) For fiscal year 1985 the Selected Reserve of the
reserve components of the Armed Forces shall be programed to
attain average strengths of not less than the following:
(1) The Army National Guard of the United States, 435,117.
(2) The Army Reserve, 284,073.
(3) The Naval Reserve, 124,100.
(4) The Marine Corps Reserve, 44,300.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2517
(5) The Air National Guard of the United States, 105,438.
(6) The Air Force Reserve, 72,900.
(7) The Coast Guard Reserve, 12,500.
(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
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 in-
creased by the total authorized strength of such units and by the
total number of such individual members.
(c) The Secretary of the Air Force shall use the personnel strength
for the Air National Guard of the United States authorized by
subsection (a) to establish and maintain in the Air National Guard
of the United States during fiscal year 1985 not less than 91 flying
units.
AUTHORIZATION OF END STRENGTHS FOR MEMBERS ON ACTIVE DUTY IN
SUPPORT OF THE RESERVE COMPONENTS
SEC. 412. (a) Within the average strengths prescribed in section
411, the reserve components of the Armed Forces and the National
Guard are authorized, as of September 30, 1985, the following
number of Reserves to be serving on full-time active duty or, in the
case of members of the National Guard, full-time National Guard
duty for the purpose of organizing, administering, recruiting, in-
structing, or training the reserve components or the National
Guard:
(1) The Army National Guard and the Army National Guard
of the United States, 20,583.
(2) The Army Reserve, 10,700.
(3) The Naval Reserve, 15,210.
(4) The Marine Corps Reserve, 1,129.
(5) The Air National Guard and the Air National Guard of the
United States, 7,024.
(6) The Air Force Reserve, 623.
(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.
INCREASE IN NUMBER OF CERTAIN PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY IN SUPPORT OF THE RESERVE COMPONENTS
SEC. 413. (a) The table in section 517(b) of title 10, United States
Code, is amended to read as follows:
98 STAT. 2518 PUBLIC LAW 98-525—OCT. 19, 1984
"Grade Army Navy Air Marine
Force Corps
E-9 517 156 87 9
E-8 2,295 381 455 74".
10 use 524. (b) The table in section 524(a) of such title is amended to read as
follows:
Army Navy Air Marine
"Grade Force Corps
Major or lieutenant commander... 2,261 823 471 100
Lieutenant colonel or commander 1,121 520 293 50
Colonel or Navy captain 345 177 172 25'
Effective date. (c) The amendments made by subsections (a) and (b) shall take
10 u s e 517 note. effect on October 1,1984.
CLARIFICATION OF STATUS OF MEMBERS OF THE NATIONAL GUARD
PERFORMING FULL-TIME DUTY
SEC. 414. (aXD Section 101 of title 10, United States Code, is
amended—
(A) by adding at the end of paragraph (22) the following new
sentence: "It does not include full-time National Guard duty.";
(B) by inserting "or full-time National Guard duty" after
"active duty" in paragraph (24); and
(C) by adding at the end thereof the following new paragraph:
"(42) 'Full-time National Guard duty' means training or other
duty, other than inactive duty, performed by a member of the
Army National Guard of the United States or the Air National
Guard of the United States in the member's status as a member
of the National Guard of a State or territory, the Common-
wealth of Puerto Rico, or the District of Columbia under section
316, 502, 503, 504, or 505 of title 32 for which the member is
entitled to pay from the United States or for which the member
has waived pay from the United States.".
10 u s e 517. (2) Section 517(b) of such title is amended—
(A) by inserting "(other than for training) or on full-time
National Guard duty under the authority of section 502(f) of
title 32 (other than for training)" after "on active duty";
(B) by striking out "of the armed forces" and inserting in lieu
thereof "or the National Guard"; and
(C) by striking out "prescribed for the grade and the armed
force" and inserting in lieu thereof "for that grade and armed
force".
10 u s e 523. (3) Section 523(bXl) of such title is amended—
(A) by striking out "or section 502 or 503 of title 32" in clause
(C);
(B) by striking out "or" at the end of clause (D);
(C) by striking out the period at the end of clause (E) and
inserting in lieu thereof "; or"; and
(D) by adding at the end thereof the following:
"(F) on full-time National Guard duty.".
10 u s e 524. (4XA) Subsection (a) of section 524 of such title is amended—
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2519
(i) by inserting "or full-time National Guard duty" after
"active duty" the first place it appears; and
(ii) by inserting "or full-time National Guard duty (other than
for training) under section 502(f) of title 32" after '^of this title".
(B)(i) The heading of such section is amended to read as follows:
"§ 524. Authorized strengths: reserve officers on active duty or on
full-time National Guard duty for administration of the
reserves or the National Guard in grades of major, lieu-
tenant colonel, and colonel and Navy grades of lieuten-
ant commander, commander, and captain".
(ii) The item relating to such section in the table of sections at the
beginning of chapter 32 of such title to read as follows:
"524. Authorized strengths: reserve officers on active duty or on full-time National
Guard duty for administration of the reserves or the National Guard in
grades of major, lieutenant colonel, and colonel and Navy grades of lieuten-
ant commander, commander, and captain.".
(5) Section 641(1) of such title is amended— 10 USC 641.
(A) by striking out "or under section 502 or 503 of title 32" in
clause (C);
(B) by striking out "or" at the end of clause (E);
(C) by striking out the period at the end of the clause (F) and
inserting in lieu thereof "; or"; and
(D) by adding at the end thereof the following:
"(G) on full-time National Guard duty.".
(6) Section 976(a)(1) is amended by striking out "or (B)" and 10 USC 976.
inserting in lieu thereof ", (B) a member of the National Guard who
is serving on full-time National Guard duty, or (C)".
(7)(A) Section 3686(2) of such title is amended to read as follows: 10 USC 3686.
"(2) full-time National Guard duty performed by a member of
the Army National Guard of the United States shall be deemed
to be active duty in Federal service as a Reserve of the Army,
except that for purposes of title 38 such duty shall be considered
to be active duty for training; and".
(B) Section 8686(2) of such title is amended to read as follows: 10 USC 8686.
"(2) full-time National Guard duty performed by a member of
the Air National Guard of the United States shall be deemed to
be active duty in Federal service as a Reserve of the Air Force,
except that for purposes of title 38 such duty shall be considered
to be active duty for training; and".
(b)(1) Section 101 of title 32, United States Code, is amended—
(A) by adding at the end of paragraph (12) the following new
sentence: "It does not include full-time National Guard duty.";
and
(B) by adding at the end thereof the following new paragraph:
"(19) 'Full-time National Guard duty' means training or other
duty, other than inactive duty, performed by a member of the
Army National Guard of the United States or the Air National
Guard of the United States in the member's status as a member
of the National Guard of a State or territory, the Common-
wealth of Puerto Rico, or the District of Columbia under section
316, 502, 503, 504, or 505 of this title for which the member is 32 USC 316,
entitled to pay from the United States or for which the member 502-505.
has waived pay from the United States.".
(2)(A) Section 335 of such title is repealed. Repeal.
(B) The table of sections at the beginning of chapter 3 of such title 9'^ Stat. 632.
is amended by striking out the item relating to section 335.
98 STAT. 2520 PUBLIC LAW 98-525—OCT. 19, 1984
(c) Section 101(18) of title 37, United States Code, is amended by
inserting "full-time National Guard duty," after "annual training
duty,".
PART C—MILITARY TRAINING
AUTHORIZATION OF MILITARY TRAINING STUDENT LOADS
SEC. 421. (a) For fiscal year 1985, the components of the Armed
Forces are authorized average military training student loads as
follows:
(1) The Army, 76,920.
(2) The Navy, 69,116.
(3) The Marine Corps, 21,186.
(4) The Air Force, 46,592.
(5) The Army National Guard of the United States, 18,338.
(6) The Army Reserve, 15,994.
(7) The Naval Reserve, 3,389.
(8) The Marine Corps Reserve, 3,941.
(9) The Air National Guard of the United States, 2,990.
(10) The Air Force Reserve, 2,099.
(b) The average military training student loads authorized in
subsection (a) shall be adjusted consistent with the personnel
Ante, p. 2516. Strengths authorized in parts A and B of this title. 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.
REDUCTION IN NUMBER OF STUDENTS REQUIRED TO BE IN A UNIT OF
THE JUNIOR RESERVE OFFICERS' TRAINING CORPS FOR THE UNIT TO
BE MAINTAINED
SEC. 422. Section 2031(b) of title 10, United States Code, is
amended—
(1) by striking out clause (1) and inserting in lieu thereof the
following:
"(1) the number of physically fit students in such unit who are
at least 14 years of age and are citizens or nationals of the
United States is not less than (A) 10 percent of the number of
students enrolled in the institution who are at least 14 years of
age, or (B) 100, whichever is less;";
(2) by striking out "and" at the end of clause (3);
(3) by striking out the period at the end of clause (4) and
inserting in lieu thereof "; and "; and
(4) by adding at the end thereof the following new clause:
"(5) the unit meets such other requirements as may be estab-
lished by the Secretary of the military department concerned.".
TITLE V—DEFENSE PERSONNEL MANAGEMENT
PART A—CIVILIAN PERSONNEL
WAIVER OF CIVILIAN PERSONNEL CEILINGS FOR FISCAL YEAR 1985
SEC. 501. (a) The provisions of section 138(c)(2) of title 10, United
States Code, shall not apply with respect to fiscal year 1985 or with
respect to the appropriation of funds for that year.
(b) During fiscal year 1985, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2521
strength, and the management of such personnel during that fiscal
year shall not be subject to any constraint or limitation (known as
an "end-strength") on the number of such personnel who may be
employed on the last day of such fiscal year.
(c) Not later than March 1, 1985, the Secretary of Defense and the Report.
Director of the Office of Management and Budget shall each submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on the experience of the Department of
Defense during fiscal year 1985 (to the date of the report) concerning
the management of civilian personnel of the Department without a
congressionally imposed civilian end strength and with a statutory
prohibition on the management during that fiscal year of such
civilian personnel by end strength. Each such report shall include
the views of the Secretary or Director, as appropriate, with respect
to the desirability of managing such personnel in such a manner.
CIVILIAN PERSONNEL CEILINGS ON INDUSTRIALLY-FUNDED ACTIVITIES
DURING FISCAL YEAR 1984
SEC. 502. In computing the authorized strength for civilian person-
nel prescribed in section 601(a) of the Department of Defense Au-
thorization Act, 1984 (Public Law 98-94; 97 Stat. 632), any increase
during fiscal year 1984 in the number of civilian personnel of
industrially-funded activities of the Department of Defense in excess
of the number of civilian personnel employed in such activities on
September 30,1982, shall not be counted.
PART B—OFFICER PERSONNEL
TEMPORARY INCREASE IN THE NUMBER OF GENERAL AND FLAG
OFFICERS AUTHORIZED TO BE ON ACTIVE DUTY
SEC. 511. (a) During fiscal year 1985, the number of officers of the lO use 525 note.
Air Force authorized under section 525(b)(1) of title 10, United States
Code, to be serving on active duty in the grade of general is
increased by one.
(b) During fiscal year 1985, the number of officers of the Navy
authorized under section 525(b)(2) of title 10, United States Code, to
be serving on active duty in a grade above rear admiral is increased
by three. None of the additional officers in grades above rear
admiral by reason of this subsection may be in the grade of admiral.
(c) During fiscal year 1985, the number of officers of the Marine
Corps authorized under section 525(b)(1) of title 10, United States
Code, to be serving on active duty in grades above major general is
increased by one, plus an additional one during any period of that
fiscal year that an officer of the Marine Corps is serving as the
Commander-in-Chief of the United States Central Command. An
additional officer in a grade above major general by reason of this
subsection may not be in the grade of general.
AUTHORITY TO CONSIDER FOR PROMOTION CERTAIN ARMY RESERVE
BRIGADIER GENERALS
S E C 512. Section 3364(e) of title 10, United States Code, is amend-
ed by adding at the end thereof the following new sentence: "Howev-
er, the Secretary may waive the preceding sentence and any other
provision of this subtitle relating to the required status of officers
eligible to be considered for promotion in order to permit consider-
98 STAT. 2522 PUBLIC LAW 98-525—OCT. 19, 1984
ation for promotion to the reserve grade of major general of an
officer in the reserve grade of brigadier general—
"(1) who is in an inactive status pursuant to a transfer to the
10 use 3375. inactive status list under section 3375(2) of this title and who
has been on that list for less than one year; or
"(2) who has been in an active status for less than one year, if
the officer was returned to that status from a transfer to the
inactive status list under section 3375(2) of this title.".
AUTHORITY TO RETAIN IN ACTIVE STATUS UNTIL AGE 60 UP TO 10 ARMY
RESERVE BRIGADIER GENERALS
SEC. 513. Section 3851 of title 10, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d) and by
striking out "of this section" in such subsection; and
(2) by inserting after subsection (b) the following new
subsection:
"(c) Notwithstanding subsections (a) and (b), the Secretary of the
Army may authorize the retention in an active status until age 60 of
an officer in the reserve grade of brigadier general who would
otherwise be removed from an active status under this section,
except that not more than 10 officers may be retained under this
subsection at any time.".
EXTENSION OF AUTHORITY FOR THE TEMPORARY PROMOTION OP
CERTAIN NAVY LIEUTENANTS
97 Stat. 629. SEC. 514. Section 5721(f) of title 10, United States Code, is amended
by striking out "September 30, 1984" and inserting in lieu thereof
"September 30,1986".
REPEAL OF FOUR-YEAR UMITATION ON PERIOD AN OFFICER MAY BE
ASSIGNED TO THE ARMY STAFF OR THE AIR STAFF
Effective date. SEC. 515. Effective on October 1,1984, sections 3031(d) and 8031(d)
of title 10, United States Code, are repealed.
PART C—AMENDMENTS TO PROVISIONS OF LAW ENACTED BY THE
DEFENSE OFFICER PERSONNEL MANAGEMENT ACT
RETENTION IN GRADE OF OFFICERS APPOINTED IN RESERVES UPON
SEPARATING FROM ACTIVE DUTY
97 Stat. 666. SEC. 521. (a) Section 3359 of title 10, United States Code, is
amended—
(1) by striking out "subsection (b)" in subsection (a) and
inserting "subsections (b) and (c)"; and
(2) by adding at the end thereof the following new subsection:
"(c) Under regulations prescribed by the Secretary concerned, a
person who is originally appointed as a reserve officer of the Army
and who is a former commissioned officer may be appointed in the
reserve grade equivalent to the grade held by that person when
discharged or separated and may be credited with time in that grade
for promotion purposes equal to the time in grade held by that
person when discharged or separated.".
97 Stat. 666. (b) Section 8359 of such title is amended—
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2523
(1) by striking out "subsection (b)" in subsection (a) and
inserting "subsections (b) and (c)"; and
(2) by adding at the end thereof the following new subsection:
"(c) Under regulations prescribed by the Secretary concerned, a
person who is originally appointed as a reserve officer of the Air
Force and who is a former commissioned officer may be appointed in
the reserve grade equivalent to the grade held by that person when
discharged or separated and may be credited with time in that grade
for promotion purposes equal to the time in grade held by that
person when discharged or separated.".
(cXD Under regulations prescribed by the Secretary of the mili- lo use 3559
tary department concerned, a reserve officer of the Army or Air note.
Force originally appointed after September 14,1981, who at the time
of that appointment was a former commissioned officer and who was
appointed in a reserve grade lower than the grade held by that
person when discharged may be appointed in the reserve grade
equivalent to the officer's former grade.
(2) An original reserve appointment in the Army or the Air Force
of a person who (at the time of the appointment) was a former
commissioned officer which (A) was made during the period begin-
ning on September 15, 1981, and ending on the day before the date
of the enactment of this Act, and (B) was made in a grade formerly
held by that person shall be considered to have been a valid appoint-
ment at the time made, and any officer who received such an
appointment is entitled to all the rights, privileges, and benefits of
the grade to which appointed as of the original date of that
appointment.
INCREASE IN UMITATION ON NUMBER OF REGULAR OFFICERS IN THE
NAVY, AIR FORCE, AND MARINE CORPS
SEC. 522. Section 522 of title 10, United States Code, is amended by
striking out "48,000", "69,425", and "13,000" and inserting in lieu
thereof "55,000", "80,000", and "17,000", respectively.
CLARIFICATION OF SENIOR GENERAL AND FLAG OFFICERS
CONTINUATION IN GRADE DURING A CHANGE IN STATUS
SEC. 523. Section 601(b) of title 10, United States Code, is amended
to read as follows:
"(b) An officer who is appointed to the grade of general, admiral,
lieutenant general, or vice admiral for service in a position of
importance and responsibility designated to carry that grade shall
continue to hold that grade—
"(1) while serving in that position of importance and responsi-
bility;
"(2) while under orders transferring him to another position
designating to carry one of those grades, beginning on the day
his assignment to the first position is terminated and ending on
the day before the day on which he assumes the second position;
"(3) while hospitalized, beginning on the day of the hospitali-
zation and ending on the day he is discharged from the hospital,
but not for more than 180 days; and
"(4) while awaiting retirement, beginning on the day he is
relieved from the position designated to carry one of those
grades and ending on the day before his retirement, but not for
more than 90 days.".
98 STAT. 2524 PUBLIC LAW 98-525—OCT. 19, 1984
AUTHORITY TO USE MEANS OTHER THAN BOARDS TO DECIDE WHETHER
AN OFFICER SHOULD BE REQUIRED TO SHOW CAUSE FOR RETENTION
SEC. 524. (a) Section 618(b)(2) of title 10, United States Code, is
amended to read as follows:
"(2) If the report of a selection board names an officer as having a
record which indicates that the officer should be required to show
cause for his retention on active duty, the Secretary concerned may
provide for the review of the record of that officer as provided for
under regulations prescribed under section 1181 of this title.".
10 u s e 1181. (b)(1) Section 1181 of such title is amended to read as follows:
Regulations. "§118L Authority to establish procedures to consider the separa-
tion of officers for substandard performance of duty
and for certain other reasons
"(a) Subject to such limitations as the Secretary of Defense may
prescribe, the Secretary of the military department concerned shall
prescribe, by regulation, procedures for the review at any time of
the record of any commissioned officer (other than a commissioned
warrant officer or a retired officer) of the Regular Army, Regular
Navy, Regular Air Force, or Regular Marine Corps to determine
whether such officer shall be required, because his performance of
duty has fallen below standards prescribed by the Secretary of
Defense, to show cause for his retention on active duty.
"(b) Subject to such limitations as the Secretary of Defense may
prescribe, the Secretary of the military department concerned shall
prescribe, by regulation, procedures for the review at any time of
the record of any commissioned officer (other than a commissioned
warrant officer or a retired officer) of the Regular Army, Regular
Navy, Regular Air Force, or Regular Marine Corps to determine
whether such officer should be required, because of misconduct,
because of moral or professional dereliction, or because his retention
is not clearly consistent with the interests of national security, to
show cause for his retention on active duty.".
(2) The item relating to section 1181 in the table of sections at the
beginning of chapter 60 of such title is amended to read as follows:
"1181. Authority to establish procedures to consider the separation of officers for
substandard performance of duty and for certain other reasons.".
Effective date. (3) The amendments made by paragraphs (1) and (2) shall take
10 u s e 1181 effect on the first day of the first month that begins more than 60
note. days after the date of the enactment of this Act, but shall not apply
to any case in which, before that date, a board of officers has been
ordered to convene under the provisions of section 1181 of title 10,
Supra. United States Code, as in effect before that date.
REMOVAL FROM FURTHER CONSIDERATION FOR PROMOTION OF OFFICERS
IN PAY GRADE 0 - 2 WHO HAVE TWICE FAILED OF SELECTION FOR PRO-
MOTION
SEC. 525. (a) Subsection (b) of section 619 of title 10, United States
Code, is amended—
(1) by striking out "An officer" and inserting in lieu thereof
"(1) Except as provided in paragraph (2), an officer"; and
(2) by adding at the end thereof the following new paragraph:
"(2) Paragraph (1) does not apply to a regular officer who is
ineligible for consideration for promotion under section 631(c) of this
title or to a reserve officer who has failed of selection for promotion
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2525
to the grade of captain or, in the case of an officer of the Navy,
lieutenant for the second time.".
(b) Subsection (c)(2) of such section is amended—
(1) by striking out "and" at the end of clause (B);
(2) by striking out the period at the end of clause (C) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new clause:
"(D) may, by regulation, preclude from consideration by a
selection board by which he would otherwise be eligible to be
considered, an officer who has an established separation date
that is within 90 days after the date the board is convened.".
(c) Section 631 of such title is amended by adding at the end lO use 631.
thereof the following new subsection:
"(c) An officer who is subject to discharge under subsection (a)(1) is
not eligible for further consideration for promotion.".
DETERMINATION OF DATE OF RANK FOR OFFICERS WHOSE PROMOTIONS
ARE DELAYED ADMINISTRATIVELY
SEC. 526. Paragraphs (1) and (2) of section 624(d) of title 10, United
States Code, are each amended by striking out the period at the end
and inserting in lieu thereof , unless the Secretary concerned
determines that the officer was unqualified for promotion for any
part of the delay. If the Secretary makes such a determination, the
Secretary may adjust such date of rank, effective date of pay and
allowances, and position on the active-duty list as the Secretary
considers appropriate under the circumstances.".
SPECIAL SELECTION BOARDS FOR WARRANT OFFICERS
SEC. 527. (a) Subsections (a)(1) and (b)(1) of section 628 of title 10,
United States Code, are amended by striking out "(composed in
accordance with section 612 of this title)" and inserting in lieu
thereof "(composed in accordance with section 612 of this title or, in
the case of a warrant officer, composed in accordance with section
558 of this title and regulations prescribed by the Secretary of the
military department concerned)".
(b) Section 641 of such title is amended by striking out "(other 10 use 641.
than section 640)" and inserting in lieu thereof "(other than section
640 and, in the case of warrant officers, section 628)".
AUTHORITY TO DISCHARGE RESERVE SECOND LIEUTENANTS AND
ENSIGNS FOUND NOT QUALIFIED FOR PROMOTION
SEC. 528. (a) Section 1005 of title 10, United States Code, is
amended—
(1) by striking out "A reserve commissioned officer, other
than a commissioned warrant officer," and inserting in lieu
thereof "(a) Except as provided in subsection (b), a reserve
commissioned officer";
(2) by striking out the comma after "any other provision of
law"; and
(3) by adding at the end thereof the following new subsection:
"(b) Subsection (a) does not prevent the discharge or transfer from
an active status of—
"(Da commissioned warrant officer; or
"(2) an officer on the active-duty list who is found not quali-
fied for promotion to the grade of first lieutenant, in the case of
98 STAT. 2526 PUBLIC LAW 98-525—OCT. 19, 1984
an officer of the Army, Air Force, or Marine Corps, or lieuten-
ant (juiiio'* grade), in the case of an officer of the Navy.".
10 use 3819. (b) Section 3819 of such title is amended—
(1) by inserting "(a)" before "Except as provided";
(2) by inserting "and not on the active-duty list" after "in an
active status"; and
(3) by adding at the end thereof the following new subsection:
"(b) Except as provided by section 1006 of this title, each second
lieutenant of the Army Reserve who is on the active-duty list of the
Army and is found not qualified for promotion to the reserve grade
of first lieutenant shall be discharged from his reserve appointment
not later than the end of the 18-month period beginning on the date
on which he is first found not qualified for promotion to that grade,
unless he is promoted to that grade before the end of that period.".
10 use 6389. (c) Section 6389 of such title is amended by adding at the end
thereof the following new subsection:
"(g) An officer in an active status in the Naval Reserve in the
permanent grade of ensign who is found not qualified for promotion
to the grade of lieutenant (junior grade), and an officer in an active
status in the Marine Corps Reserve in the permanent grade of
second lieutenant who is found not qualified for promotion to the
grade of first lieutenant, may (unless he is sooner promoted) be
eliminated from an active status.".
10 use 8819. (d) Section 8819 of such title is amended by adding at the end
thereof the following new subsection:
"(c) Except as provided by section 1006 of this title, each second
lieutenant of the Air Force Reserve who is on the active-duty list of
the Air Force and is found not qualified for promotion to the reserve
grade of first lieutenant shall be discharged from his reserve ap-
pointment not later than the end of the 18-month period beginning
on the date on which he is first found not qualified for promotion to
that grade, unless he is promoted to that grade before the end of
that period.".
NAVY LIMITED DUTY OFFICERS
SEC. 529. (a) Section 619(d)(2) of title 10, United States Code, is
amended by striking out "Navy or" and "lieutenant commander or".
10 use 633. (b) Section 633 of such title is amended by striking out "Except an
officer of the Navy and Marine Corps who is an officer designated
for limited duty (to whom section 5596(e) or 6383 of this title
applies)" and inserting in lieu thereof "Except an officer of the Navy
designated for limited duty to whom section 5596(e) of this title
applies and an officer of the Marine Corps designated for limited
duty to whom section 5596(e) or section 6383 of this title applies".
10 use 6383. (c)(1) Subsection (a) of section 6383 of such title is amended by
striking out "each regular officer of the Navy or Marine Corps" and
inserting in lieu thereof "each regular officer of the Navy who is an
officer designated for limited duty and who is serving in a grade
below the grade of commander and each regular officer of the
Marine Corps who is an officer".
(2) Subsection (d) of such section is amended by striking out
"Each" and inserting in lieu thereof "Except as provided in subsec-
tion (i), each".
(3) Subsection (i) of such section is amended—
(A) by inserting "or the discharge under subsection (d)" after
"the retirement under subsection (a) or (b)"; and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2527
(B) by striking out the second sentence and inserting in lieu
thereof the following: "An officer whose retirement is deferred
under this subsection and who is not subsequently promoted
may not be continued on active duty beyond 20 years active
commissioned service, if in the grade of lieutenant or captain,
beyond 24 years active commissioned service, if in the grade of
lieutenant commander or major, or beyond 28 years active
commissioned service, if in the grade of lieutenant colonel, or
beyond age 62, whichever is earlier.".
APPOINTMENT IN PERMANENT GRADE OF CERTAIN UMITED DUTY
OFFICERS SERVING IN HIGHER TEMPORARY GRADES
SEC. 530. Section 616 of the Defense Officer Personnel Manage-
ment Act (10 U.S.C. 611 note) is amended by adding at the end
thereof the following new subsection:
"(c) An officer of the Navy or Marine Corps who on September 15,
1981, was an officer designated for limited duty under section 5589
of title 10, United States Code, and who on the date of the enact-
ment of this subsection is serving in a temporary grade above the
grade of lieutenant, in the case of an officer of the Navy, or captain,
in the case of an officer of the Marine Corps, may be reappointed
under section 5589 of title 10, United States Code (as in effect on or
after September 15, 1981), in the same permanent grade and with
the same date of rank held by that officer on the active-duty list
immediately before such reappointment if he is otherwise eligible
for appointment under that section.".
D E T E R M I N A T I O N O F S E V E R A N C E PAY IN CERTAIN CASES
SEC. 531. Section 631 of the Defense Officer Personnel Manage-
ment Act (10 U.S.C. 611 note) is amended—
(1) by striking out "the day before the effective date of this
Act" each place it appears and inserting in lieu thereof "Sep-
tember 14, 1981,";
(2) by striking out "on or" in subsection (a)(2);
(3) by striking out the period at the end of subsection (a) and
inserting in lieu thereof ", unless (in the case of a member
discharged or released on or after the date of the enactment of
the Department of Defense Authorization Act, 1985) the Secre- Ante, p. 2492.
tary concerned determines that the conditions under which the
member is discharged or separated do not warrant such pay.";
(4) by striking out "to whom subsection (a) applies is" in
subsection (b) and inserting in lieu thereof "who is entitled to
receive a readjustment payment or severance pay under subsec-
tion (a) is also"; and
(5) by striking out "a readjustment payment or" in subsection
Ot>) and inserting in lieu thereof "the readjustment payment
and".
CONSIDERATION FOR PROMOTION OF CERTAIN RETIRED OFFICERS WHO
LATER SERVE ON ACTIVE DUTY
SEC. 532. (a) Title VI of the Defense Officer Personnel Manage-
ment Act (10 U.S.C. 611 note) is amended by adding at the end of
part C the following new section:
98 STAT. 2528 PUBLIC LAW 98-525—OCT. 19, 1984
"SAVINGS PROVISION FOR PROMOTION CONSIDERATION OF CERTAIN
RETIRED OFFICERS
"SEC. 639. Notwithstanding sections 619, 620, and 641(4) of title 10,
United States Code, a retired officer serving on active duty on the
date of the enactment of this section who on September 14, 1981,
was on active duty as a retired officer recalled to active duty and
who—
"(1) was eligible for consideration for promotion on that date;
and
"(2) has served continuously on active duty since that date,
may be considered for promotion (under regulations prescribed by
the Secretary of the military department concerned) by a selection
board that convenes after the date of the enactment of this section
as if he had been placed on the active-duty list pursuant to section
10 use 611 note. 621 of this Act.".
(b) The table of contents in section 1(b) of such Act is amended by
inserting after the item relating to section 638 the following new
item:
"Sec. 639. Savings provision for promotion consideration of certain retired officers."
TECHNICAL AMENDMENTS
SEC. 533. (a) Paragraph (1) of section 645 of title 10, United States
Code, is amended—
(1) in subparagraph (A), by inserting "(other than after having
been placed on that list after a selection from below the promo-
tion zone)" after "to that grade" in clauses (i)(II) and (ii)(II); and
(2) in subparagraph (B)—
(A) by inserting "in the promotion zone" after "the junior
officer'; and
(B) by striking out "in the promotion zone" after "higher
grade".
10 use 680. (b) Section 680(b)(3) of such title is amended by inserting ",
separation pay," after "retired pay".
10 use 3964, (c) Sections 3964 and 8964 of such title are amended by striking
8964. out "temporary".
10 use 4336. (d)(1) Subsections (a) and (b) of section 4336 of such title are
amended by striking out "when a regular officer" in the second
sentence and all that follows through "grade of colonel," and insert-
ing in lieu thereof "on which he would have been promoted had he
been selected for promotion from among officers in the promotion
zone,".
10 use 9336. (2) Subsections (a) and (b) of section 9336 of such title are amended
by striking out "when a regular officer" in the second sentence and
all that follows through "grade of colonel," and inserting in lieu
thereof "on which he would have been promoted had he been
selected for promotion from among officers in the promotion zone,".
10 use 5891. (e) Section 5891(c) of such title is amended by striking out "a lineal
list" both places it appears and inserting in lieu thereof "the active-
duty list".
Repeal. (6(1) Section 6482 of such title is repealed.
10 use 6482. (2) The table of sections at the beginning of chapter 575 of such
title is amended by striking out the item relating to section 6482.
(g) Section 404(c)(1)(B) of title 37, United States Code, is amended
by inserting "separation pay or" before "severance pay" and before
"readjustment pay".
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2529
PART D—OFFICER TRAINING PROGRAMS
CLARIFICATION OF AUTHORITY TO ORDER CERTAIN CADETS AND
MIDSHIPMEN TO ACTIVE DUTY
SEC. 541. (a) Section 4348(a) of title 10, United States Code, is
amended—
(1) by striking out ", unless sooner separated," in the matter
preceding clause (1);
(2) by inserting "unless sooner separated from the Academy,"
in clause (1) before "complete the"; and
(3) by inserting ", unless sooner separated from the service,"
in clause (2) before "serve" and in clause (3) before "remain".
(b) Section 6959(a) of such title is amended— 10 use 6959.
(1) by striking out ", unless sooner separated," in the matter
preceding clause (1);
(2) by inserting "unless sooner separated from the Naval
Academy," in clause (1) before "complete the"; and
(3) by inserting ", unless sooner separated from the naval
service," in clause (2) before "serve" and in clause (3) before
"remain".
(c) Section 9348(a) of title 10, United States Code, is amended— lO use 9348.
(1) by striking out ", unless sooner separated," in the matter
preceding clause (1);
(2) by inserting "unless sooner separated from the Academy,"
in clause (1) before "complete the"; and
(3) by inserting ", unless sooner separated from the service,"
in clause (2) before "serve" and in clause (3) before "remain".
(d) The amendments made by this section shall apply with respect Effective date.
to agreements entered into under section 4348, 6959, or 9348 of title l^^Y^^ ^^^^
10, United States Code, before, on, or after the date of the enactment note.
of this Act.
EXTENSION OF MILITARY SERVICE OBUGATION OF SERVICE ACADEMY
AND ROTC CADETS AND MIDSHIPMEN
SEC. 542. (a) Section 2107(b)(5) of title 10, United States Code, is
amended—
(1) by striking out the semicolon in subclause (A)(i) and
inserting in lieu thereof "or before such other date, not beyond
the eighth anniversary of the midshipman's date of rank, that
the Secretary of Defense may prescribe;"; and
(2) by striking out "the sixth anniversary" in subclause (C)(ii)
and inserting in lieu thereof "at least the sixth anniversary and,
at the discretion of the Secretary of Defense, up to the eighth
anniversary".
(b) Section 4348(a)(3) of such title is amended by striking out "the lo use 4348.
sixth anniversary" and inserting in lieu thereof "at least the sixth
anniversary and, at the direction of the Secretary of Defense, up to
the eighth anniversary".
(c) Section 6959(a)(3) of such title is amended by striking out "the 10 USC 6959.
sixth anniversary" and inserting in lieu thereof "at least the sixth
anniversary and, at the direction of the Secretary of Defense, up to
the eighth anniversary".
(d) Section 9348(a)(3) of such title is amended by striking out "the 10 use 9348.
sixth anniversary" and inserting in lieu thereof "at least the sixth
98 STAT. 2530 PUBLIC LAW 98-525—OCT. 19, 1984
anniversary and, at the direction of the Secretary of Defense, up to
the eighth anniversary".
ELIGIBILITY FOR ADVANCED TRAINING IN SENIOR ROTC PROGRAM
SEC. 543. (a) Section 2104 of title 10, United States Code, is
amended—
(1) by striking out ", who have at least two academic years
remaining at such educational institution" in subsection (a); and
(2) by striking out subsection (b)(6) and inserting in lieu
thereof the following:
"(6) either—
"(A) complete successfully—
"(i) the first two years of a four-year Senior Reserve
Officers' Training Corps course; or
"(ii) field training or a practice cruise of not less than
six weeks' duration which is prescribed by the Secre-
tary concerned as a preliminary requirement for ad-
mission to the advanced course; or
"(B) at the discretion of the Secretary concerned, agree in
writing to complete field training or a practice cruise, as
prescribed by the Secretary concerned, within two years
after admission to the advanced course.",
Effective date. (b) The amendments made by subsection (a) do not constitute
10 u s e 2104 authority for the enactment of new budget authority for a fiscal
note. year beginning before October 1,1984,
PART E—MISCELLANEOUS
WOMEN IN THE ARMED FORCES
10 u s e 8251 SEC. 551. (a) The Secretary of the Air Force shall provide that of
note. all persons originally enlisting in the Regular Air Force during the
period beginning on October 1, 1986, and ending on September 30,
1988-
(1) not less than 19 percent of those enlisting during fiscal
year 1987 shall be women; and
(2) not less than 22 percent of those enlisting during fiscal
year 1988 shall be women.
Study. (b) The Secretary of Defense shall study the propensity of young
Report. women to serve in the military and shall submit a report to Con-
gress with the Secretary's review and analysis of that propensity not
later than six months after the date of the enactment of this Act.
RESERVE FORCES READINESS
Study. SEC. 552. (a)(1) The Secretary of Defense shall conduct a review of
10 use 261 note, the various systems used to measure the readiness of reserve units
of the Armed Forces and shall implement a measurement system for
the active and reserve components of the Armed Forces to provide
an objective and uniform evaluation of the readiness of all units of
the Armed Forces. The measurement system should be designed to
produce information adequate to provide comparisons concerning
the readiness of all units. The system for evaluation of the readiness
of a unit of an active component should incorporate the performance
of any unit of a reserve component affiliated with the active compo-
nent unit, including the effect of the reserve component unit on the
mobilization capability of the active component unit.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2531
(2) Not later than March 31, 1985, the Secretary shall submit a Report.
report to the Committees on Armed Services of the Senate and
House of Representatives describing the results of the review under
paragraph (1) and the measurement system implemented in accord-
ance with that paragraph.
(b)(1) The Secretary of Defense, acting through the Assistant Study.
Secretary of Defense for Reserve Affairs, shall conduct a study to 10 u s e 261 note.
evaluate the feasibility of allocating equipment to units of reserve
components based on a measure of effectiveness of such units. The
study should consider the effects of allocating equipment by compar-
ing units with similar deployment times and similar capabilities in
terms of training and equipment rather than by comparing all
reserve component units with each other. The study should be
integrated with an evaluation of the system for measuring unit
effectiveness to be implemented in accordance with subsection (a).
(2) As part of the report under subsection (aX2), the Secretary of Report.
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the study carried
out under paragraph (1).
(c) It is the sense of Congress that the number of members of the 10 u s e 261 note.
Army Reserve and of the Army National Guard assigned to full-time
manning duty should be increased to 14 percent of the total mem-
bership of the Army Reserve and of the Army National Guard,
respectively, by fiscal year 1989.
(d)(1)(A) The Secretary of Defense, acting through the Assistant Study.
Secretary of Defense for Reserve Affairs, shall conduct a study of 10 u s e 261 note.
the benefits of a longer training program for certain units of the
reserve components and shall conduct a test of such a program. The
test program should begin at the earliest realistic date.
(B) In developing training programs for the reserve components,
the Secretary shall give increased attention to innovative train-
ing technologies, techniques, and schedules that recognize the
limitations on time and the geographic dispersion of the reserve
components.
(2) Not later than March 31, 1985, the Secretary shall submit a Report.
report to the Committees on Armed Services of the Senate and
House of Representatives describing the study under paragraph (1).
(e) The Secretary of Defense shall conduct at least one major 10 u s e 261 note.
mobilization exercise each year. The exercise should be as compre-
hensive and as realistic as possible and should include the participa-
tion of associated active component and reserve component units.
The Secretary shall develop a plan by June 30, 1985, to test periodi-
cally each active component and reserve component unit based in
the United States and all interactions of such units, as well as the
sustainment of the forces mobilized as part of the exercise, with the
objective of permitting an evaluation of the adequacy of resource
allocation and planning.
(fKD In order to encourage members of the Armed Forces whose
military service obligation is expiring and who do not choose to
reenlist or otherwise extend their service on active duty or in active
elements of reserve components to remain in the Armed Forces as
members of the Individual Ready Reserve, the Secretary of Defense
shall consider making greater use of the authority provided under
section 308h of title 37, United States Code, to pay bonuses to 97 Stat. 663.
persons reenlisting for periods of not less than three years in the 37 u s e 308h
note.
Individual Ready Reserve.
98 STAT. 2532 PUBLIC LAW 98-525—OCT. 19, 1984
37 use 308h. (2) Such section is amended by striking out the period at the end
of subsection (b) and inserting in lieu thereof "and shall be paid in
equal annual increments.".
10 use 261 note. (g) This section does not apply to the Coast Guard.
PRECEDENCE OF AWARD OF PURPLE HEART
SEC. 553. (a) Chapter 57 of title 10, United States Code, is amended
by adding at the end thereof the following new section:
Regulations. "§ 1127. Precedence of the award of the Purple Heart
10 u s e 1127.
'Tn prescribing regulations establishing the order of precedence of
awards and decorations authorized to be displayed on the uniforms
of members of the armed forces, the Secretary of the military
department concerned shall accord the Purple Heart a position of
precedence, in relation to other awards and decorations authorized
to be displayed, not lower than that immediately following the
lowest position accorded any award or decoration for valor.".
(b) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"1127. Precedence of the award of the Purple Heart.".
STUDY OF MILITARY REGULATIONS WITH REGARD TO RELIGIOUS
PRACTICES
SEC. 554. (a) In order to promote the free expression of religion by
members of the Armed Forces to the greatest extent possible consist-
ent with the requirements of military discipline, the Secretary of
Defense shall form a study group to examine ways to minimize the
potential conflict between the interests of members of the Armed
Forces in abiding by their religious tenets and the military interest
in maintaining discipline.
(b) The study group shall consist of eight members appointed by
the Secretary of Defense, of whom—
(1) one shall be appointed from members of each of the four
Armed Forces under the jurisdiction of the Secretary of Defense
upon the recommendation of the respective Secretaries of the
military departments;
(2) three shall be appointed upon the recommendation of the
Armed Forces Chaplain Board; and
(3) one shall be appointed upon the recommendation of the
Assistant Secretary of Defense for Manpower, Installations, and
Logistics.
The Secretary of Defense shall designate one of the members to
serve as chairman of the study group.
(c) In carrying out its functions under subsection (a), the study
group shall make the maximum effort to ascertain the views of the
broadest spectrum of religious organizations and to use the research
and intellectual resources of specialists outside the Government
through receipt of written or oral presentations to the study group.
Report. (d) Not later than February 1, 1985, the study group shall submit
to the Secretary of Defense a report containing its findings and
recommendations. Not later than 20 days after receiving that
report, the Secretary of Defense shall submit to Congress a copy of
the report, together with the Secretary's comments on the report,
and shall issue appropriate implementing policy to the Secretaries
of the military departments. Such implementing policy shall require
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2533
that any change in regulations required by reason of that imple-
menting policy be issued by the Secretaries of the military depart-
ments not later than 30 days after the date of the issuance of that
implementing policy.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
PART A—BASIC PAY AND ALLOWANCES
MILITARY PAY RAISE FOR FISCAL YEAR 1985
SEC. 601, (a) Any adjustment required by section 1009 of title 37, 37 u s e 1009
United States Code, in elements of the compensation of members of note.
the uniformed services to become effective during fiscal year 1985
shall not be made.
(b)(1) Except as provided in paragraph (2), the rates of basic pay Effective date.
and basic allowances for subsistence for members of the uniformed
services are increased by 4 percent effective on January 1, 1985.
(2) The increase in rates of basic pay and basic allowances for
subsistence provided for in paragraph (1) shall not apply to enlisted
members in pay grade E-1 with less than 4 months active duty.
BASIC ALLOWANCE FOR QUARTERS AND VARIABLE HOUSING ALLOWANCE
SEC. 602. (a)(1) Effective on January 1, 1985, the rates of the basic Effective date.
allowance for quarters authorized by section 403(a)(1) of title 37, 37 u s e 403 note.
United States Code, are as follows:
Without Dependents
"Pay Grade Full Partial With
Rate Rate' Depend-
ents
Commissioned officers:
O-IO $537.30 $50.70 $660.90
0-9 537.30 50.70 660.90
0-8 537.30 50.70 660.90
0-7 537.30 50.70 660.90
0-6 493.20 39.60 599.40
0-5 465.30 33.00 552.30
0-4 426.60 26.70 504.90
0-3 345.30 22.20 420.90
0-2 278.10 17.70 360.90
0-1 238.50 13.20 323.70
Warrant officers:
W-4 391.20 25.20 453.90
W-3 330.30 20.70 405.90
W-2 297.00 15.90 379.50
W-1 251.40 13.80 330.90
Enlisted members:
E-9 315.30 18.60 429.90
E-8 292.20 15.30 400.50
E-7 249.30 12.00 372.60
E-6 221.40 9.90 337.80
E-5 204.90 8.70 300.30
E-4 177.60 8.10 259.50
E-3 172.50 7.80 238.50
E-2 146.40 7.20 238.50
E-1 133.50 6.90 238.50".
"'Payable to a member without dependents who under section 403 (b) or (c) of title 37,
United States Code, is not entitled to receive a basic allowance for quarters.".
31-194 0 - 8 6 - 6 QL.3 Parts
98 STAT. 2534 PUBLIC LAW 98-525—OCT. 19, 1984
(2) During the period beginning on January 1, 1985, and ending on
the date on which any change is made by law in any of the rates of
basic allowance for quarters for members of the uniformed services
prescribed in paragraph (1), the rate of the basic allowance for
quarters authorized by section 403(a)(1) of title 37, United States
Code, which is payable to a member of the uniformed services who is
entitled to that allowance on or after January 1, 1985, and before
the date of any such change and who was entitled to that allowance
on December 31, 1984, shall not be less than the rate of the basic
allowance for quarters that was in effect for that member on
December 31, 1984 (unless the member holds a lower grade than he
held on that date or has had a change in dependent status from a
"with dependents" status to a "without dependents" status).
Prohibition. (b)(1) During the period beginning on October 1, 1984, and ending
on January 1, 1985, the Secretary of a military department may not
pay a variable housing allowance under section 403(a)(2) of title 37,
United States Code, except in accordance with the limitations on
such payments applicable during fiscal year 1984 under the provi-
sions of sections 786 and 792 of the Department of Defense Appro-
97 Stat. 1453, priation Act, 1984 (Public Law 98-212).
li^ii «Q7 ^^^ Section 906 of the Department of Defense Authorization Act,
37 use 403 note. ^^^^ (Public Law 98-94), is amended by striking out "fiscal year
1984" and inserting in lieu thereof "the period beginning on October
1,1983, and ending on January 1,1985".
(c)(1) Subsection (a) of section 403 of title 37, United States Code, is
amended by striking out "(1)" after "(a)" and by striking out para-
graph (2).
(2) The heading of such section is amended to read as follows:
"§ 403. Basic allowance for quarters".
(d)(1) Chapter 7 of title 37, United States Code, is amended by
inserting after section 403 the following new section:
37 use 403a. "§ 403a. Variable housing allowance
"(a)(1) Except as provided in subsection (b) of this section, a
member of a uniformed service entitled to basic allowance for
quarters is entitled to a variable housing allowance under this
section whenever assigned to duty in an area of the United States
which is a high housing cost area with respect to that member. A
member with dependents who is assigned to an unaccompanied tour
of duty outside the United States is entitled to a variable housing
allowance while serving that tour of duty for any period during
which the member's dependents reside in an area of the United
States where, if the member were assigned to duty in that area, the
member would be entitled to receive a variable housing allowance.
"(2) In the case of a member with dependents—
"(A) who is assigned to duty inside the United States the
location or the circumstances of which make it necessary that
his dependents reside at another location; and
"(B) whose dependents reside in an area of the United States
where, if the member were assigned to duty in that area, the
member would be entitled to receive a variable housing allow-
ance at a rate other than the rate to which the member is
entitled (if at all) in the area of his duty assignment,
the member may be paid a variable housing allowance as if he were
assigned to duty in the area in which his dependents reside if the
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2535
Secretary concerned determines (under regulations prescribed
under subsection (e) of this section) that it would be inequitable to
base the member's entitlement to, and amount of, variable housing
allowance on the area to which the member is assigned.
"(3) In the case of a member with dependents—
"(A) who is assigned to an unaccompanied tour of duty in
Alaska or Hawaii; and
"(B) who would, if his duty station were outside the United
States, be entitled to a family separation allowance under sec-
tion 427(a) of this title, 37 use 427.
the member may be paid a variable housing allowance at the rate
applicable to a member without dependents serving in the same
grade and at the same location. Payment of a variable housing
allowance under this paragraph shall be in addition to any allow-
ance or per diem to which the member otherwise may be entitled
under this title.
"(b) A member of a uniformed service is not entitled to a variable
housing allowance—
"(1) in the case of a member who makes a change in perma-
nent duty station, for the number of days that travel is author-
ized between permanent duty stations (under regulations
prescribed under subsection (e) of this section);
"(2) in the case of a member with dependents, if the member
(A) is assigned to unaccompanied personnel housing of the
United States (or an unaccompanied personnel housing facility
under the jurisdiction of a uniformed service) appropriate to his
grade, rank, or rating and adequate for himself, and (B) is
authorized the basic allowance for quarters at the rate estab-
lished for a member with dependents solely by reason of a court
order requiring the member to pay support for dependents; or
"(3) in the case of a member of a reserve component, while on
active duty under a call or order to active duty specifying a
period of less than 140 days.
"(c)(1) The monthly amount of a variable housing allowance under
this section for a member of a uniformed service with respect to an
area is the difference between (A) the median monthly cost of
housing in that area for members of the uniformed services serving
in the same pay grade as that member, and (B) 80 percent of the
median monthly cost of housing in the United States for members of
the uniformed services serving in the same pay grade as that
member.
"(2) The rates of variable housing allowance shall be reduced as
necessary to comply with subsection (d) of this section.
"(3) The effective date of any adjustment in rates of variable Effective date.
housing allowance because of a redetermination of median monthly
costs of housing under this subsection shall be the same as the
effective date of the next increase after such redetermination in the
basic allowances for quarters.
"(4) For the purposes of this section, an area shall be considered to
be a high housing cost area with respect to a member of a uniformed
service whenever the median monthly cost of housing in that area
for members of the uniformed services serving in the same pay
grade as that member exceeds 80 percent of the median monthly
cost of housing in the United States for members of the uniformed
services serving in the same pay grade as that member.
98 STAT. 2536 PUBLIC LAW 98-525—OCT. 19, 1984
"(5) Any reduction required under paragraph (2) of this subsection
and any determination of median monthly costs of housing under
this subsection shall be made under regulations prescribed under
subsection (e) of this section.
"(d)(1) The total amount that may be paid for a fiscal year for the
variable housing allowance authorized members of the uniformed
services by this section is the product of—
"(A) the total amount authorized to be paid for such allow-
ance for the preceding fiscal year (as adjusted under paragraph
(3) of this subsection); and
"(B) a fraction—
"(i) the numerator of which is the military housing cost
index for October of the preceding fiscal year; and
"(ii) the denominator of which is the military housing
cost index for October of the fiscal year before the preced-
ing fiscal year.
"(2) The military housing cost index is the housing component of
the Consumer Price Index (as determined by the Bureau of Labor
Statistics of the Department of Labor), as adjusted under regulations
prescribed under subsection (e) of this section. Such regulations may
assign weights to the elements of that housing component other
than those assigned by the Secretary of Labor in order more appro-
priately to reflect the distribution of elements of housing costs of
members of the uniformed services.
"(3) In making a determination under paragraph (1) of this subsec-
tion for a fiscal year, the amount authorized to be paid for the
preceding fiscal year for the variable housing allowance shall be
adjusted to reflect changes during the year for which the determina-
tion is made in the number, grade distribution, and dependency
status of members of the uniformed services entitled to variable
housing allowance from the number of such members during the
preceding fiscal year. Adjustments under this paragraph shall be
made in accordance with regulations prescribed under subsection (e)
of this section.
"(e) The President may prescribe regulations for the administra-
tion of this section.".
(2) The table of sections at the beginning of such chapter is
amended by striking out the item relating to section 403 and
inserting in lieu thereof the following:
"403. Basic allowance for quarters.
"403a. Variable housing allowance.".
(3) Section 7572(b)(1)(B) of title 10, United States Code, is amended
by striking out "section 403" and inserting in lieu thereof "section
403a".
(e) Section 405 of title 37, United States Code, is amended—
(1) by inserting "(a)" before "Without regard to";
(2) by designating the third sentence as subsection (b) and by
inserting "for a member who is on duty outside of the United
States" in such sentence after "under this section";
(3) by inserting after such sentence the following new sen-
tence: "A station housing allowance may not be prescribed
under this section for a member who is on duty in Hawaii or
Alaska."; and
(4) by designating the last sentence as subsection (c).
Effective date. (f)(1) Except as provided in paragraph (2), the amendments made
37 use 403a by this section shall take effect on January 1,1985.
note.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2537
(2) A member who on December 31, 1984, is assigned to a perma-
nent duty station in Alaska or Hawaii and is entitled on that date to
a station housing allowance under section 405 of title 37, United
States Code, shall, until he departs that station as a result of a Ante, p. 2536.
permanent change of duty station, be entitled to receive that allow-
ance as if the amendment made by subsection (d) had not been
enacted and shall not be entitled to a variable housing allowance
under section 403a of this title (as added by subsection (c)). Ante, p. 2534.
(3) For the period beginning on January 1, 1985, and ending on
September 30, 1985, the limitation applicable under subsection (d)(1)
of section 403a of title 37, United States Code (as added by subsec-
tion (d)), on the total amount that may be paid during a fiscal year
for the variable housing allowance authorized members of the uni-
formed services by that section shall be 15 percent of the median
annual costs of housing in the United States for members of the
uniformed services as measured during fiscal year 1984. In deter- Effective date.
mining for the purposes of clause (A) of such subsection the total
amount authorized to be paid for such allowance for fiscal year 1985,
such amount shall be determined as if the amendments made by this
section took effect on October 1, 1984.
REIMBURSEMENT FOR ACCOMMODATIONS IN PLACE OF QUARTERS
SEC. 603. (a) Section 7572(b)(3) of title 10, United States Code, is 97 Stat. 640.
amended—
(1) by striking out "and" after "fiscal year 1983,"; and
(2) by inserting ", and $1,421,000 for fiscal year 1985" after
"fiscal year 1984".
(b) Section 3 of Public Law 96-357 (10 U.S.C. 7572 note) is amended 97 Stat. 640.
by striking out "September 30, 1984" and inserting in lieu thereof
"September 30,1985".
CLARIFICATION OF AUTHORITY TO DENY CERTAIN MEMBERS WITHOUT
DEPENDENTS RIGHT TO ELECT TO RECEIVE BASIC ALLOWANCE FOR
QUARTERS RATHER THAN OCCUPY MILITARY QUARTERS
S E C 604. (a) Section 403(j)(2) of title 37, United States Code, is
amended by striking out "military discipline" and inserting in lieu
thereof "a training mission, military discipline,".
(b) The amendment made by subsection (a) shall apply only with Effective date.
respect to members making an election under section 403(b) of 37 u s e 403 note.
title 37, United States Code, after September 30,1984.
COMMUTATION OF RATIONS FOR RESERVISTS ON INACTIVE DUTY
TRAINING WHO ARE UNABLE TO OBTAIN RATIONS IN KIND
SEC. 605. Effective on October 1, 1984, section 402(b) of title 37, Effective date.
United States Code, is amended by adding at the end thereof the
following new sentence: "The Secretary concerned may provide an
enlisted member who could be provided rations in kind under the
preceding sentence with a commutation when rations in kind are
not available.".
FORFEITURE OF ACCRUED LEAVE BY CERTAIN MEMBERS WHO SERVE ON
ACTIVE DUTY LESS THAN SIX MONTHS
SEC. 606. (a) Section 501(e) of title 37, United States Code, is
amended—
98 STAT. 2538 PUBLIC LAW 98-525—OCT. 19, 1984
(1) by inserting "(D" after "(e)"; and
(2) by adding at the end thereof the following new paragraph:
"(2) The Secretary concerned may require that a member of a
uniformed service who is discharged before completing six months of
active duty because of a failure to serve satisfactorily (as determined
by the Secretary concerned) forfeit all accrued leave to his credit at
the time of his discharge.".
Effective date. (b) The amendments made by subsection (a) shall apply in the case
37 u s e 501 note. of members of the uniformed service (as defined in section 101(3) of
title 37, United States Code) who enlist or are commissioned on or
after the date of the enactment of this Act.
DENIAL OF CREDIT FOR TIME SPENT IN A DELAYED ENLISTMENT
PROGRAM FOR PURPOSES OF COMPUTATION OF BASIC PAY
SEC. 607. (a) Section 205 of title 37, United States Code, is amended
by adding at the end thereof the following new subsection:
"(e) Notwithstanding subsection (a) of this section, a period served
by a member of a uniformed service in a reserve component under
10 u s e 511. an enlistment under section 511 of title 10 before the member—
"(1) begins service on active duty under subsection (b) of that
section, or
"(2) begins an initial period of active duty for training under
subsection (d) of that section,
may not be counted under this section.".
Effective date. (b) The amendment made by subsection (a) shall apply to persons
37 u s e 205 note. who enlist under section 511 of title 10, United States Code, on or
after the first day of the third calendar month which begins after
the date of the enactment of this Act.
PART B—TRAVEL AND TRANSPORTATION
EMERGENCY MEDICAL TRANSPORTATION FOR DEPENDENTS OF MEMBERS
STATIONED I N ALASKA OR HAWAII
SEC. 611. Effective on October 1, 1984, section 1040(a) of title 10,
United States Code, is amended by inserting "or in Alaska or
Hawaii" after "outside the United States".
TRANSPORTATION INCIDENT TO EMERGENCY LEAVE FOR MEMBERS
WHOSE RESIDENCES ARE IN POSSESSIONS OF THE UNITED STATES
SEC. 612. (a)(1) Section 41 Id of title 37, United States Code, is
amended to read as follows:
"§ 411d. Travel and transportation allowances: transportation inci-
dent to personal emergencies for certain members and
dependents
"(a) Under uniform regulations prescribed by the Secretaries
concerned, transportation in accordance with subsection (b) of this
section may be provided for a member of a uniformed service and for
dependents of that member authorized to reside at the member's
duty station (or authorized to reside at another location and receive
a station allowance) incident to emergency leave granted for reasons
of a personal emergency (or in the case of transportation provided
only for a dependent, under circumstances involving a personal
emergency similar to the circumstances for which emergency leave
could be granted a member).
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2539
"(bXl) In the case of a member stationed outside the continental
United States and the dependents of such a member, transportation
under this section may be provided from the international airport
nearest the location of the member and dependents at the time
notification of the personal emergency is received or the interna-
tional airport nearest the member's permanent duty station (and if
the member's dependents reside at another overseas location and
receive a station allowance, from that location)—
"(A) to the international airport in the continental United
States closest to the international airport from which the
member and his dependents departed; or
"(B) to an airport in Alaska, Hawaii, the Commonwealth of
Puerto Rico, any possession of the United States, or any other
location outside the continental United States, as determined by
the Secretary concerned.
"(2) In the case of a member whose domicile is outside the
continental United States and who is stationed in the continental
United States and the dependents of such a member, transportation
under this section may be provided from the international airport in
the continental United States nearest the location of the member
and dependents at the time notification of the personal emergency is
received or the international airport nearest the member's perma-
nent duty station to an international airport in Alaska, Hawaii, the
Commonwealth of Puerto Rico, a possession of the United States, or
any other location outside the continental United States, as deter-
mined by the Secretary concerned.
"(3) In the case of a member stationed outside the continental
United States whose dependents reside in the continental United
States, transportation under this section may be provided for the
member as described in paragraph (1) of this subsection and for the
dependents as described in paragraph (2) of this subsection.
"(4) Whenever transportation is provided under this section,
return transportation may be provided to the international airport
from which the member or dependent departed or the international
airport nearest the member's duty station.
"(c) Transportation under this section may be authorized only
upon a determination that, considering the nature of the personal
emergency involved. Government transportation is not reasonably
available. The cost of transportation authorized under this section
for a member, or the dependents of a member, may not exceed the
cost of Government-procured commercial air travel between the
applicable locations described in subsection (b) of this section.
"(d) In this section, 'continental United States' means the 48
contiguous States and the District of Columbia.".
(2) The item relating to such section in the table of sections at the
beginning of chapter 7 of such title is amended to read as follows:
"411d. Travel and transportation allowances: transportation incident to personal
emergencies for certain members and dependents.".
(b) The amendment made by subsection (a)(1) shall apply with Effective date.
respect to transportation begun after September 30,1984. 37 USC 4lld
note.
TRAVEL PAY FOR CERTAIN RESERVE COMPONENT INSTRUCTORS
SEC. 613. (a) Section 404(a) of title 37, United States Code, is
amended—
(1) by striking out "and" at the end of clause (3);
98 STAT. 2540 PUBLIC LAW 98-525—OCT. 19, 1984
(2) by striking out the period at the end of clause (4) and
inserting in lieu thereof "; and"; and
(3) by adding at the end the following new clause:
"(5) when not on active duty, if assigned to a Reserve school,
and attending a reserve training meeting for the purpose of
performing duties as an instructor at such meeting, if such
meeting is 100 or more miles from the site at which the member
would attend paid drills of the Reserve school to which he is
assigned.".
Effective date. (b) The amendments made by subsection (a) shall apply with
37 use 404 note, respect to travel performed after September 30, 1984.
TRANSPORTATION BETWEEN RESIDENCE AND PLACE OF WORK FOR
SENIOR DEFENSE OFFICIALS
SEC. 614. (a) Chapter 157 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
10 use 2637. "§ 2637. Transportation between residence and place of work for
senior defense ofHcials
"Passenger motor vehicles of the United States may be used to
provide transportation between the residences and places of work or
employment of the Deputy Secretary of Defense, the Under Secre-
taries of Defense, and the members of the Joint Chiefs of Staff.".
(b) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"2637. Transportation between residence and place of work for senior defense offi-
cials.".
PART C—SPECIAL AND INCENTIVE PAYS
EXTENSION OF ENLISTMENT AND REENLISTMENT BONUS AUTHORITIES
FOR ACTIVE FORCES
SEC. 621. (a) Sections 308(g), 308a(c), and 308f(c) of title 37, United
97 Stat. 55. States Code, are amended by striking out "September 30, 1984" and
inserting in lieu thereof "September 30, 1987".
37 use 308. (b) Section 308 of such title is amended—
(1) by striking out "$20,000" in subsection (a)(1) and inserting
in lieu thereof "$30,000"; and
(2) in subsection (b)—
(A) by inserting "(1)" after "(b)"; and
(B) by adding at the end thereof the following:
"(2) Of the bonuses paid under this section to members of a
uniformed service during a fiscal year, not more than 10 percent
may exceed $20,000.".
EXTENSION OF SPECIAL PAY FOR CERTAIN AVIATION CAREER OFFICERS
SEC. 622. (a) Effective on October 1, 1984, section 301b of title 37,
United States Code, is amended—
(1) by striking out paragraph (2) of subsection (e) and inserting
in lieu thereof the following:
"(2) During the period beginning on October 1, 1984, and ending
on September 30, 1985, only agreements executed by officers of the
Navy may be accepted under this section."; and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2541
(2) by striking out "September 30, 1984" in subsections (e)(3)
and (f) and inserting in lieu thereof "September 30, 1985".
(b) Not later than February 1,1985, the Secretary of Defense shall Report,
submit to the Committees on Armed Services of the Senate and the
House of Representatives a written report on the adequacy of the
incentive pay for aviation career officers provided for in section 301a
of title 37, United States Code, to meet the recruiting and retention
needs of each of the Armed Forces and on the relationship, if any,
between that incentive pay and the special pay for certain Navy
pilots provided for in section 301b of such title, as amended by Ante, p. 2540.
subsection (a) of this section. The Secretary shall include in the
report such recommendations for legislation regarding aviation
career incentive and special pay as the Secretary considers
appropriate.
SPECIAL PAY FOR SEA DUTY AND SPECIAL SKILLS FOR ENLISTED
MEMBERS
SEC. 623. (a) The table relating to rates of special pay for enlisted
members in section 305aOt)) of title 37, United States Code, is
amended to read as follows:
"ENLISTED MEMBERS
Years of sea duty
"Pay
grade lor Over 1 Over 2 Over 3 Over 4 Over 5 Over 6 Over? Over 8
Less
E-4 $50 $60 $125 $160 $175 $175 $175 $175 $175
E-5 60 70 140 175 185 190 205 220 220
E-6 125 135 170 190 210 215 225 235 245
E-7 135 145 215 235 255 260 265 265 270
E-8 165 180 225 255 265 270 280 285 290
E-9 175 195 235 265 280 290 310 310 310
Years of sea duty
Pay grade
Over 9 Over 10 Over 11 Over 12 Over 13 Over 14 Over 16 Over 18
E-4 $175 $175 $175 $175 $175 $175 $175 $175
E-5 220 220 220 220 220 220 220 220
E-6 255 265 265 280 295 310 325 340
E-7 275 280 300 310 330 350 370 390
E-8 300 310 310 320 340 360 380 400
E-9 310 320 330 350 370 390 410 410".
(b)(1) Section 307 of such title is amended to read as follows: 37 use 307.
"§ 307. Special pay: special duty assignment pay for enlisted mem-
bers
"(a) An enlisted member who is entitled to basic pay and is
performing duties which have been designated under subsection (b)
of this section as extremely difficult or as involving an unusual
degree of responsibility in a military skill may, in addition to other
pay or allowances to which he is entitled, be paid special duty
assignment pay at a monthly rate not to exceed $275.
98 STAT. 2542 PUBLIC LAW 98-525—OCT. 19, 1984
"(b) The Secretary concerned shall determine which enlisted
members under his jurisdiction are to be paid special duty assign-
ment pay under subsection (a) of this section. He shall also designate
those skills within each armed force under his jurisdiction for which
special duty assignment pay is authorized and shall prescribe the
criteria under which members of that armed force are eligible for
special duty assignment pay in each skill. He may increase, de-
crease, or abolish such pay for any skill.
Regulations. "(c) This section shall be administered under regulations pre-
scribed by the Secretary of Defense for the armed forces under his
jurisdiction and by the Secretary of Transportation for the Coast
Guard when the Coast Guard is not operating as a service in the
Navy.".
(2) The item relating to such section 307 in the table of sections at
the beginning of chapter 5 of such title is amended to read as
follows:
"307. Special pay: special duty assignment pay for enlisted members.".
37 u s e 307 note. (3) A member of the uniformed services who, on September 30,
1984, was entitled to special pay under section 307 of title 37, United
Ante, p. 2541. States Code, as in effect on such date, may continue to be paid the
special pay authorized by such section as though the amendments
Prohibition. made by this subsection had not been made. However, a member
may not be paid the special pay authorized by such section as in
effect on September 30,1984, and the special pay authorized by such
section as amended by this section.
Effective date. (c) The amendments made by this section shall take effect on
37 u s e 305a October 1,1984.
note.
ELIMINATION OF CERTAIN CATEGORIES OF INCENTIVE PAY FOR
HAZARDOUS DUTY
SEC. 624. (a) Section 301 of title 37, United States Code, is
amended—
(1) in subsection (a), by striking out clauses (3) and (5) and
redesignating clause (4) as clause (3) and clauses (6) through (13)
as clauses (4) through (11), respectively;
(2) in subsection (c)(1), by striking out "(10), (11), or (12)" and
inserting in lieu thereof "or (10),"; and
(3) in subsection (c)(2), by striking out "(13)" and inserting in
lieu thereof "(11)".
37 use 301 note. (b) A member of the uniformed services who is entitled on the day
before the date of the enactment of this Act to receive incentive pay
Supra. under section 301(a)(5) (for the performance of duty involving inti-
mate contact with persons afflicted with leprosy) shall continue to
be entitled to such pay under such section as in effect on that day so
long as the member continues (without a break) to be assigned to
perform such duties on and after that day.
PART D—HEALTH CARE MATTERS
EXTENSION OF MEDICAL AND DENTAL CARE FOR RESERVES AND
NATIONAL GUARD
S E C 631. (a)(1) Section 1074a of title 10, United States Code, is
amended to read as follows:
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2543
"§ 1074a. Medical and dental care: members on duty other than
active duty; injuries, diseases and illnesses incident to
duty
"(a) Under joint regulations prescribed by the Secretary of
Defense, the Secretary of Transportation, and the Secretary of
Health and Human Services, the following persons are entitled to
the benefits described in subsection (b):
"(1) Each member of a uniformed service who contracts a
disease or becomes ill in line of duty while on active duty for a
period of 30 days or less, or while traveling to or from that duty.
"(2) Each member of the National Guard who contracts a
disease or becomes ill in line of duty while on full-time National
Guard duty, or while traveling to or from that duty.
"(3) Each member of a uniformed service who contracts a
disease or becomes ill in line of duty while on inactive duty
training under circumstances in which it is determined that the
disease or illness was contracted or aggravated as an incident of
that inactive duty training.
"(4) Each member of a uniformed service who incurs or
aggravates an injury while traveling directly to or from the
place at which he is to perform, or has performed, inactive duty
training, unless the injury is incurred or aggravated as a result
of the member's own gross negligence or misconduct.
"(b) A person described in subsection (a) is entitled to—
"(1) the medical and dental care appropriate for the treat-
ment of his injury, disease, or illness until the resulting disabil-
ity cannot be materially improved by further hospitalization or
treatment; and
"(2) subsistence during hospitalization.".
(2) The item relating to such section in the table of sections at the
beginning of chapter 55 of such title is amended to read as follows:
"1074a. Medical and dental care: members on duty other than active duty; injuries,
diseases, and illnesses incident to duty. .
(b) Section 6148 of such title, relating to certain benefits of mem- 10 USC 6148.
bers of the Naval Reserve and Marine Corps Reserve, is amended by
striking out subsection (d).
(c) The amendments made by this section shall apply only with 10 USC 1074a
respect to injuries incurred or aggravated and diseases or illnesses note.
contracted or aggravated after September 30,1984.
ENHANCED BENEFITS COVERAGE UNDER CHAMPUS
SEC. 632. (a)(1) Section 1079(a) of title 10, United States Code, is
amended by striking out clause (3) and inserting in lieu thereof the
following:
"(3) not more than one eye examination may be provided to a
patient in any calendar year;".
(2) Section 1086(a) of such title is amended by adding at the end lO use 1086.
thereof the following new sentence: "However, eye examinations
may not be provided under such plans for persons covered by
subsection (c). .
(3) The amendments made by this subsection shall apply only to 10 USC 1079
health care furnished after September 30, 1984. note.
(b) The Secretary of Defense, in consultation with the Secretary of lo USC 1092
Health and Human Services, shall conduct demonstration projects note.
under section 1092 of title 10, United States Code, for the purpose of 97 Stat. 650.
98 STAT. 2544 PUBLIC LAW 98-525—OCT. 19, 1984
evaluating the cost-effectiveness of chiropractic care. In the conduct
of such demonstration projects, chiropractic care (including manual
manipulation of the spine and other routine chiropractic procedures
authorized under joint regulations prescribed by the Secretary of
Defense and the Secretary of Health and Human Services and not
otherwise prohibited by law) may be provided as appropriate under
10 use 1071 et chapter 55 of title 10, United States Code.
seq.
AUTHORITY TO PROVIDE DENTAL CARE TO CERTAIN DEPENDENTS IN
FACILITIES OF THE UNIFORMED SERVICES
SEC. 633. (a) Section 1077(a) of title 10, United States Code, is
amended—
(1) by striking out clauses (10), (11), and (12) and inserting in
lieu thereof the following:
"(10) Dental care."; and
(2) by redesignating clauses (13) and (14) as clauses (11) and
(12), respectively.
Effective date. (b) The amendments made by subsection (a) shall take effect on
10 u s e 1077 July 1,1985.
note.
STUDY OF USE BY CHAMPUS OF MEDICARE PROSPECTIVE PAYMENT
SYSTEM
SEC. 634. (a) The Congress finds that—
(1) costs of providing medical care under the program admin-
istered by the Department of Defense known as the Civilian
Health and Medical Program of the Uniformed Services
(CHAMPUS) have escalated rapidly in recent years;
(2) new and innovative methods for control and containment
of costs under the CHAMPUS program must be explored; and
(3) the adoption for the CHAMPUS program of a prospective
payment system for inpatient hospital services like that used by
Department of Health and Human Services under title XVIII of
42 u s e 1395. the Social Security Act for the Medicare program could provide
significant savings for the CHAMPUS program.
(b) The Secretary of Defense and the Secretary of Health and
Human Services shall jointly study the possible effects of the adop-
tion for the CHAMPUS program of a prospective payment system
for inpatient hospital services such as that used by the Department
of Health and Human Service for the Medicare program. The study
shall address—
(1) the advisability and feasibility of requiring by law that a
hospital participate in the CHAMPUS program as a condition of
participating in Medicare and whether such a requirement is
needed in order to ensure adequate participation by hospitals in
the CHAMPUS program if a prospective payment system were
to be adopted for the CHAMPUS program; and
(2) the changes that might be expected if such a system were
adopted in the CHAMPUS patient workload and the CHAM-
PUS aggregate payment levels to various segments of the pro-
vider community (including private, public, non-profit, and
teaching facilities).
Report. (c) Not later than February 28, 1985, the Secretaries shall submit
a report to the Committees on Armed Services and Finance of the
Senate and the Committees on Armed Services and Ways and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2545
Means of the House of Representatives of their findings under the
study under subsection (b). The report shall include—
(1) such recommendations for changes in the CHAMPUS
system of reimbursement as the Secretaries consider appropri-
ate; and
(2) the recommendations of the Secretaries on the need for
and appropriateness of a requirement by law relating to hospi-
tal participation in the CHAMPUS and Medicare programs
such as that described in subsection (bXD.
PART E—BENEFITS FOR SURVIVORS AND FORMER SPOUSES
EUMINATION OF CERTAIN SOCIAL SECURITY OFFSETS FROM THE
SURVIVOR BENEFIT PLAN
SEC. 641. (a) Section 1451(a)(3) of title 10, United States Code, is
amended—
(1) by striking out "would be entitled" in the first sentence
and inserting in lieu thereof "is entitled"; and
(2) by striking out the period at the end of the second sentence
and inserting in lieu thereof the following: "or to the extent
that the benefit to which the beneficiary is entitled is based on
the beneficiary's own earnings or self-employment.".
(b) The amendments made by subsection (a) shall apply only in the Effective date,
case of payments of annuities payable for periods that begin on or lO use 1451
after September 30,1985. note.
AUTHORITY TO INITIATE PAYMENTS UNDER SURVIVOR ANNUITY
PROGRAMS WHEN THE PARTICIPANT IS MISSING
SEC. 642. (a)(1) Section 1437 of title 10, United States Code, is
amended—
(A) by striking out "subsection (b)" in subsection (a) and
inserting in lieu thereof "subsections (b) and (c),"; and
(B) by adding at the end thereof the following new subsection:
"(c)(1) Upon application of the beneficiary of a member entitled to
retired or retainer pay whose retired or retainer pay has been
suspended because the member has been determined to be missing,
the Secretary concerned may determine for purposes of this sub-
chapter that the member is presumed dead. Any such determination
shall be made in accordance with regulations prescribed under
section 1444(a) of this title. The Secretary concerned may not make 10 use 1444.
a determination for purposes of this subchapter that a member is
presumed dead unless he finds—
"(A) that the member has been missing for at least 30 days;
and
"(B) that the circumstances under which the member is miss-
ing would lead a reasonably prudent person to conclude that the
member is dead.
"(2) Upon a determination under paragraph (1) with respect to a
member, an annuity otherwise payable under this subchapter shall
be paid as if the member died on the date as of which the retired or
retainer pay of the member was suspended.
"(3)(A) If, after a determination under paragraph (1), the Secre-
tary concerned determines that the member is alive, any annuity
being paid under this subchapter by reason of this subsection shall
be promptly terminated and the total amount of any annuity pay-
98 STAT. 2546 PUBLIC LAW 98-525—OCT. 19, 1984
merits made by reason of this subsection shall constitute a debt to
the United States which (notwithstanding section 144 of this title)
may be collected or offset—
"(i) from any retired or retainer pay otherwise payable to the
member;
"(ii) if the member is entitled to compensation under chapter
38 use 301 et 11 of title 38, from that compensation; or
«^9- "(iii) if the member is entitled to any other payment from the
United States, from that payment.
"(B) If the member dies before the full recovery of the amount of
annuity payments described in subparagraph (A) has been made by
the United States, the remaining amount of such annuity payments
may be collected from the member's beneficiary under this subchap-
ter if that beneficiary was the recipient of the annuity payments
made by reason of this subsection.".
10 use 1440. (2) Section 1440 of such title is amended by striking out "No" and
inserting in lieu thereof "Except as provided in section 1437(c)(3) of
this title, no".
10 use 1450. (b) Section 1450 of such title is amended—
(1) by striking out "An" in subsection (i) and inserting in lieu
thereof "Except as provided in subsection (1), an"; and
(2) by adding at the end thereof the following new subsection:
"(1)(1) Upon application of the beneficiary of a participant in the
plan whose retired or retainer pay has been suspended on the basis
that the participant is missing (or of a participant in the plan who
10 use 1331 et would be eligible for retired pay under chapter 67 of this title but for
seq. the fact that he is under 60 years of age and whose retired pay, if he
were entitled to retired pay, would be suspended on the basis that he
is missing), the Secretary concerned may determine for purposes of
this subchapter that the participant is presumed dead. Any such
determination shall be made in accordance with regulations pre-
scribed under section 1455 of this title. The Secretary concerned
may not make a determination for purposes of this subchapter that
a participant is presumed dead unless he finds—
"(A) that the participant has been missing for at least 30 days;
and
"(B) that the circumstances under which the participant is
missing would lead a reasonably prudent person to conclude
that the participant is dead.
"(2) Upon a determination under paragraph (1) with respect to a
participant in the Plan, an annuity otherwise payable under the
provision of this subchapter shall be paid as if the participant died
on the date as of which the retired or retainer pay of the participant
w£is suspended.
"(3)(A) If, after a determination under paragraph (1), the Secre-
tary concerned determines that the participant is alive, any annuity
being paid under this subchapter by reason of this subsection shall
be terminated and the total amount of any annuity payments made
by reason of this subsection shall constitute a debt to the United
States which (notwithstanding subsection (h)) may be collected or
offset—
"(i) from any retired or retainer pay otherwise payable to the
participant;
"(ii) if the participant is entitled to compensation under
38 use 301 et chapter 11 of title 38, from that compensation; or
seq. "(iii) if the participant is entitled to any other payment from
the United States, from that payment.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2547
"(B) If the participant dies before the full recovery of the amount
of annuity payments described in subparagraph (A) has been made
by the United States, the remaining amount of such annuity pay-
ments may be collected from his beneficiary under the Plan if that
beneficiary was the recipient of the annuity payments made by
reason of this subsection.".
CLARIFICATION OF AUTHORITY TO ENFORCE CERTAIN COURT ORDERS IN
CONNECTION WITH THE PAYMENT OF RETIRED OR RETAINER PAY TO
FORMER SPOUSES
SEC. 643. (a) Subsection (a)(2)(C) of section 1408 of title 10, United
States Code, is amended by inserting "in the case of a division of
property," before "specifically provides for".
(b) Subsection (b)(1)(C) of such section is amended by inserting ", if
possible," after "include".
(c)(1) The first sentence of paragraph (1) of subsection (d) of such Child support.
section is amended to read as follows: "After effective service on the Alimony.
Secretary concerned of a court order providing for the payment of
child support or alimony or, with respect to a division of property,
specifically providing for the payment of an amount of the dispos-
able retired or retainer pay from a member to the spouse or a
former spouse of the member, the Secretary shall make pajmients
(subject to the limitations of this section) from the disposable retired
or retainer pay of the member to the spouse or former spouse in an
amount sufficient to satisfy the amount of child support and alimony
set forth in the court order and, with respect to a division of
property, in the amount of disposable retired or retainer pay specifi-
cally provided for in the court order.".
(2) The first sentence of paragraph (5) of such subsection is
amended by striking out "disposable retired or retainer pay" the
first place it appears and all that follows through "any part" and
inserting in lieu thereof "child support or alimony or the payment of
an amount of disposable retired or retainer pay as the result of the
court's treatment of such pay under subsection (c) as property of the
member and his spouse, the Secretary concerned shall pay (subject
to the limitations of this section) from the disposable retired or
retainer pay of the member to the spouse or former spouse of the
member, any part".
(d)(1) Paragraph (2) of subsection (e) of such section is amended by
striking out "from the disposable retired or retainer pay of a
member, such pay" and inserting in lieu thereof ", the disposable
retired or retainer pay of the member".
(2) Paragraph (3)(A) of such subsection is amended—
(A) by striking out "from the disposable retired or retainer
pay";
(B) by striking out "the least amount of disposable retired or
retainer pay" in clause (i) and inserting in lieu thereof "from
the member's disposable retired or retainer pay the least
amount"; and
(C) by striking out "of retired or retainer pay" in clause (ii)(I).
(3) The first sentence of paragraph (4)(A) of such subsection is
amended—
(A) by striking out "the retired or retainer pay of; and
(B) by striking out "such court orders and legal process shall
be satisfied" and inserting in lieu thereof "satisfaction of such
98 STAT. 2548 PUBLIC LAW 98-525—OCT. 19, 1984
court orders and legal process from the retired or retainer pay
of the member shall be".
(4) The first sentence of paragraph (5) of such subsection is
amended—
(A) by striking out "of disposable retired or retainer pay" both
places it appears; and
(B) by striking out "such pay" and inserting in lieu thereof
"disposable retired or retainer pay".
Effective date. (e) The amendments made by this section shall apply with respect
10 use 1408 to court orders for which effective service (as described in section
note. 1408(b)(1) of title 10, United States Code, as amended by subsection
(b) of this section) is made on or after the date of the enactment of
this Act.
CLARIFICATION OF AUTHORITY TO ELECT FORMER SPOUSES AS
BENEFICIARIES UNDER THE SURVIVOR BENEFIT PLAN
SEC. 644. Section 1450(f) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph (3):
"(3)(A) If a person described in paragraph (2) or (3) of section
1448(b) of this title enters, incident to a proceeding of divorce,
dissolution, or annulment, into a voluntary written agreement to
elect under section 1448(b) of this title to provide an annuity to a
former spouse and such agreement has been incorporated in or
ratified or approved by a court order, and such person then fails or
refuses to make such an election, such person shall be deemed to
have made such an election if the Secretary concerned receives a
written request, in such manner as the Secretary shall prescribe,
from the former spouse concerned requesting that such an election
be deemed to have been made and receives a copy of the court order,
regular on its face, which incorporates, ratifies, or approves the
voluntary written agreement of such person.
"(B) An election may not be deemed to have been made under
subparagraph (A) in the case of any person unless the Secretary
concerned receives a request from the former spouse of the person
before October 1, 1985, or within one year of the date of the court
order involved, whichever is later.
"(C) An election deemed to have been made under subparagraph
(A) shall become effective on the first day of the first month which
begins after the date of the court order involved.".
MISCELLANEOUS RIGHTS AND BENEFITS FOR FORMER SPOUSES
SEC. 645. (a) Section 1072(2) of title 10, United States Code, is
amended—
(1) by striking out "and" at the end of clause (E);
(2) by striking out the period at the end of clause (F) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new clause:
"(G) a person who (i) is the unremarried former spouse of
a member or former member who performed at least 20
years of service which is creditable in determining the
member or former member's eligibility for retired or retain-
er pay, or equivalent pay, and on the date of the final
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2549
decree of divorce, dissolution, or annulment before April 1,
1985, had been married to the member or former member
for a period of at least 20 years, at least 15 of which, but less
than 20 of which, were during the period the member or
former member performed service creditable in determin-
ing the member or former member's eligibility for retired
or retainer pay, and (ii) does not have medical coverage
under an employer-sponsored health plan.".
(b) Section 1006(d) of the Uniformed Services Former Spouses' 10 u s e 1408
Protection Act (title X of Public Law 97-252; 96 Stat. 738) is note.
amended—
(1) by striking out "only i f and inserting in lieu thereof
"whether"; and
(2) by striking out "dated on or after" and all that follows
through the end of the sentence and inserting in lieu thereof
"dated before, on, or after February 1, 1983.".
(c) A person who would qualify as a dependent under section 10 u s e 1072
note.
1072(2)(G) of title 10 (as added by subsection (a)) but for the fact that Ante, p. 2548.
the person's final decree of divorce, dissolution, or annulment is
dated on or after April 1,1985, shall be considered to be a dependent
under such section during the two-year period beginning on the date
of such final decree.
(d) The amendments made by subsections (a), (b), and (c) shall be Effective date.
effective on January 1, 1985, and shall apply with respect to health note. 10 u s e 1072
care furnished on or after that date.
PART F—MISCELLANEOUS
LEGAL ASSISTANCE PROGRAMS
SEC. 651. (a) Chapter 53 of title 10, United States Code, is amended
by adding at the end thereof the following new section:
"§ 1044. Legal assistance 10 u s e 1044.
"(a) Subject to the availability of legal staff resources, the Secre-
tary concerned may provide legal assistance in connection with
their personal civil legal affairs to—
"(1) members of the armed forces under his jurisdiction who
are on active duty;
"(2) members and former members under his jurisdiction
entitled to retired or retainer pay or equivalent pay; and
"(3) dependents of members and former members described in
clauses (1) and (2).
"(b) Under such regulations as may be prescribed by the Secretary
concerned, the Judge Advocate General (as defined in section 801(1)
of this title) under the jurisdiction of the Secretary is responsible for
the establishment and supervision of legal assistance programs
under this section.
"(c) This section does not authorize legal counsel to be provided to
represent a member or former member of the armed forces, or the
dependent of a member or former member, in a legal proceeding if
the member or former member can afford legal fees for such repre-
sentation without undue hardship.
"(d) The Secretary concerned shall define 'dependent' for the
purposes 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:
"1044. Legal assistance.".
98 STAT. 2550 PUBLIC LAW 98-525—OCT. 19, 1984
LIMITATION ON TRANSPORTATION OF MOTOR VEHICLES THROUGH GUAM
SEC. 652. (a) Regulations of the Department of Defense providing
for transportation at Government expense of motor vehicles owned
by members of the Armed Forces incident to a permanent change of
duty station may not authorize the transportation at Government
expense from Guam during any month of more than 100 motor
vehicles that are owned by members of the Armed Forces who are
making permanent changes of duty station from locations outside
the United States (other than in Guam) and who are using Guam as
an alternate port of shipment.
Effective date. (b) Subsection (a) shall apply with respect to the transportation of
Termination motor vehicles during the period beginning with the month after the
date.
month in which this Act is enacted and ending with September 1985,
After that period transportation of motor vehicles from Guam under
the circumstances described in subsection (a) may be provided at
Government expense only as specifically authorized by law after the
date of the enactment of this Act.
Report. (c) Not later than February 15, 1985, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report with respect to the transportation
through Guam of motor vehicles owned by members of the Armed
Japan. Forces. The report shall include—
(1) a description of the nature and extent of the burden
imposed on members of the Armed Forces by assignment to
Japan because they may not (under Japanese law) take into
Japan a motor vehicle not manufactured for use in Japan;
(2) a review of alternative programs that could be provided to
alleviate the burden of assignment to Japan described in clause
(1), including a review of the existing policy to which the
limitation in subsection (a) is applicable under which a member
of the Armed Forces making a permanent change of station
from Japan may purchase a motor vehicle through Guam; and
(3) an analysis of the impact on Guam (including the economy
of Guam) of the termination of such policy.
PERSONAL VEHICLES OF UNITED STATES MILITARY PERSONNEL IN JAPAN
SEC. 653. (a) The Congress finds that—
(1) the Government of Japan does not permit members of the
Armed Forces of the United States to take their motor
vehicles into Japan for their personal use while assigned to
a duty station in Japan unless such vehicles are modified to
satisfy certain requirements of the Government of Japan;
(2) as a result of the restriction referred to in clause (1),
members of the Armed Forces typically need to sell their per-
sonal motor vehicles before departing the United States to
report to a duty station in Japan, to purchase vehicles in Japan
for personal use while stationed in Japan, to sell such purchased
vehicles before departing Japan to return to the United States,
and to purchase vehicles in the United States upon the return;
(3) members of the Armed Forces incur a substantial financial
burden in connection with the repeated sale and replacement of
personal vehicles;
(4) the United States permits members of the Armed Forces of
foreign nations to bring unmodified vehicles into the United
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2551
States for their personal use while assigned to duty stations in
the United States; and
(5) the United States provides a substantial contribution to
the defense of Japan and the waters surrounding Japan.
(b) Considering the findings set out in subsection (a), it is the sense President of U.S.
of the Congress that the President, acting through the Secretary of International
agreement.
Defense and the Secretary of State, should enter into negotiations
with the Government of Japan for the purpose of obtaining the
agreement of such government not to require the modification of the
Personal motor vehicles of members of the Armed Forces of
the United States brought into Japan for their personal use
while stationed in Japan.
(c) Not later than 90 days after the date of the enactment of this Report.
Act, the Secretary of Defense and the Secretary of State shall
transmit to the Congress a written report relating to the matters
described in subsection (a). The report shall include—
(1) a description of any negotiations carried out with the
Government of Japan; and
(2) a description of the other actions the Government of the
United States can reasonably take to obtain an agreement
described in subsection (b).
AUTHORITY FOR VOLUNTARY WITHHOLDING OF STATE INCOME TAXES
FROM RETIRED AND RETAINER PAY
SEC. 654. (a) Chapter 53 of title 10, United States Code, is amended
by adding after section 1044 (as added by section 651) the following Ante, p. 2549.
new section:
"§ 1045. Voluntary withholding of State income tax from retired or 10 use 1045.
retainer pay
"(a) The Secretary concerned shall enter into an agreement under
this section with any State within 120 days of a request for agree-
ment from the proper State official. The agreement shall provide
that the Secretary concerned shall withhold State income tax from
the monthly retired or retainer pay of any member or former
member entitled to such pay who voluntarily requests such with-
holding in writing. The amounts withheld during any calendar
quarter shall be retained by the Secretary concerned and disbursed
to the States during the month following that calendar quarter.
"(b) A member or former member may request that the State
designated for withholding be changed and that the withholdings be
remitted in accordance with such change. A member or former
member also may revoke any request of such member or former
member for withholding. Any request for a change in the State
designated and any revocation is effective on the first day of the
month after the month in which the request or revocation is proc-
essed by the Secretary concerned, but in no event later than on the
first day of the second month beginning after the day on which the
request or revocation is received by the Secretary concerned.
"(c) A member or former member may have in effect at any time
only one request for withholding under this section and may not
have more than two such requests in effect during any one calendar
year.
"(d)(1) This section does not give the consent of the United States
to the application of a statute that imposes more burdensome
requirements on the United States than on employers generally or
98 STAT. 2552 PUBLIC LAW 98-525—OCT. 19, 1984
that subjects the United States or any member or former member
entitled to retired or retainer pay to a penalty or liability because of
this section.
Prohibition. "(2) The Secretary concerned may not accept pay from a State for
services performed in withholding State income taxes from retired
or retainer pay.
"(3) Any amount erroneously withheld from retired or retainer
pay and paid to a State by the Secretary concerned shall be repaid
by the State in accordance with regulations prescribed by the
Secretary concerned.
"(e) In this section:
"(1) 'State' means any State, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession
of the United States.
"(2) 'Secretary concerned' includes the Secretary of Health
and Human Services with respect to the commissioned corps of
the Public Health Service and the Secretary of Commerce with
respect to the commissioned corps of the National Oceanic and
Atmospheric Administration.".
(b) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 1044 (as added
by section 651) the following new item:
"1045. Voluntary withholding of State income tax from retired or retainer pay.".
RECOMPUTATION OF RETIRED PAY OF CERTAIN RECALLED RETIREES
10 use 1402 SEC. 655. (a) Notwithstanding the second sentence of footnote 1 of
note. the table contained in section 1402(a) of title 10, United States Code
(relating to recomputation of retired pay to reflect later active duty),
in the case of a member of the Armed Forces who—
(1) was voluntarily called or ordered to active duty during the
period beginning on October 1, 1963, and ending on September
30,1971;
(2) was at the time of such call or order entitled to retired pay
or retainer pay;
(3) served on such active duty under such call or order for a
continuous period of at least two years; and
(4) was released from such active duty before October 1, 1973,
the retired or retainer pay of such member shall be recomputed, as
provided in subsection (b), under the rates of basic pay in effect at
the time of that release from active duty.
(b) The retired or retainer pay of a member of the Armed Forces
described in subsection (a) shall be the amount determined under
section 1402(a) of title 10, United States Code (as modified with
respect to such member by subsection (a)), and increased by the
amount by which the member's retired or retainer pay would have
been increased during the period beginning on the date of the
member's release from active duty referred to in subsection (a)(4)
and ending on the day before the day on which this section becomes
effective had subsection (a) applied in the case of the member at the
time of that release from active duty.
Effective date. (c) This section shall apply only with respect to retired pay and
retainer pay payable for months beginning after September 30,1984,
or on or after the date of the enactment of this Act, whichever is
later.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2553
DELAY OF EFFECTIVE DATE FOR FEE FOR VETERINARY SERVICES
SEC. 656. Section 1033 of the Department of Defense Authorization lo use 133 note.
Act, 1984 (Public Law 98-94; 97 Stat. 672), is amended by striking
out "October 1, 1984" and inserting in lieu thereof "October 1,
1985".
TITLE VII—EDUCATIONAL ASSISTANCE PROGRAMS Veterans'
Educational
SHORT TITLE Assistance Act of
r,,^, «,, . ,.,, , .. , ^1 UTT ^ » T^j J.- 1 38 u s e 101 note.
SEC. 701. This title may be cited as the Veterans Educational
Assistance Act of 1984".
NEW EDUCATIONAL ASSISTANCE PROGRAM
SEC. 702. (aXD Title 38, United States Code, is amended by insert-
ing before chapter 31 the following new chapter:
"CHAPTER 30—ALL-VOLUNTEER FORCE EDUCATIONAL
ASSISTANCE PROGRAM
"SUBCHAPTER I—PURPOSES; DEFINITIONS
"Sec.
"1401. Purposes.
"1402. Definitions.
"SUBCHAPTER II-BASIC EDUCATIONAL ASSISTANCE
"1411. Basic educational assistance entitlement for service on active duty.
"1412. Basic educational assistance entitlement for service in the Selected Reserve.
"1413. Duration of basic educational eissistance.
"1414. Payment of basic educational assistance.
"1415. Amount of basic educational assistance.
"1416. Inservice enrollment in a program of education.
"SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE
"1421. Supplemental educational assistance for additional service.
"1422. Amount of supplemental educational assistance.
"1423. Payment of supplemental educational assistance under this chapter.
"SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND
ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS
1431. Time limitation for use of eligibility and entitlement.
1432. Limitation on educational assistance for certain individuals.
1433. Bar to duplication of educational assistance benefits.
1434. Program administration.
1435. Allocation of administration and of program costs.
1436. Reporting requirement.
"Subchapter I—Purposes; Dennitions
"§ 1401. Purposes 38 use i40i.
"The purposes of this chapter are—
"(1) to provide a new educational assistance program to assist
in the readjustment of members of the Armed Forces to civilian
life after their separation from military service;
"(2) to promote and assist the All-Volunteer Force program
and the Total Force Concept of the Armed Forces by establish-
ing a new program of educational assistance based upon service
on active duty or a combination of service on active duty and in
the Selected Reserve (including the National Guard) to aid in
98 STAT. 2554 PUBLIC LAW 98-525—OCT. 19, 1984
the recruitment and retention of highly quahfied personnel for
both the active and reserve components of the Armed Forces;
and
"(3) to give special emphasis to providing educational assist-
ance benefits to aid in the retention of personnel in the Armed
Forces.
38 use 1402. "§ 1402. Definitions
"For the purposes of this chapter—
"(1) The term 'basic educational assistance' means educational
assistance provided under subchapter II of this chapter.
"(2) The term 'supplemental educational assistance' means educa-
tional assistance provided under subchapter III of this chapter.
"(3) The term 'program of education' has the meaning given such
term in section 1652(b) of this title.
38 use 1652. "(4) The term 'Selected Reserve' means the Selected Reserve of
the Ready Reserve of any of the reserve components (including the
Army National Guard of the United States and the Air National
Guard of the United States) of the Armed Forces, as required to be
10 use 268. maintained under section 268(b) of title 10.
"(5) The term 'Secretary' means the Secretary of Defense with
respect to members of the Armed Forces under the jurisdiction of
the Secretary of a military department and the Secretary of Trans-
portation with respect to the Coast Guard when it is not operating
as a service in the Navy.
"(6) The term 'active duty' does not include any period during
which an individual (A) was assigned full time by the Armed Forces
to a civilian institution for a course of education which was substan-
tially the same as established courses offered to civilians, (B) served
as a cadet or midshipman at one of the service academies, or (C)
10 use 511. served under the provisions of section 511(d) of title 10 pursuant to
an enlistment in the Army National Guard or the Air National
Guard, or as a Reserve for service in the Army Reserve, Naval
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard
Reserve.
"Subchapter II—Basic Educational Assistance
38 use 1411. "§ 1411. Basic educational assistance entitlement for service on
active duty
"(a) Except as provided in subsection (c) of this section each
individual—
"(1) who—
"(A) during the period beginning on July 1, 1985, and
ending on June 30, 1988, first becomes a member of the
Armed Forces or first enters on active duty as a member of
the Armed Forces and—
"(i) who (I) serves at least three years of continuous
active duty in the Armed Forces, or (II) in the case of
an individual whose initial period of active duty is less
than three years, serves at least two years of continu-
ous active duty in the Armed Forces; or
"(ii) who serves in the Armed Forces and is dis-
charged or released from active duty (I) for a service-
connected disability or for hardship, or (II) for the
convenience of the Government, in the case of an indi-
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2555
vidual who completed not less than 20 months of active
duty, if the initial obligated period of active duty of the
individual was less than three years, or in the case of
an individual who completed not less than 30 months of
active duty if the initial obligated period of active duty
of the individual was at least three years; or
"(B) as of December 31, 1989, is eligible for educational
assistance benefits under chapter 34 of this title and with- 38 USC 1651
out a break in service on active duty since December 31, etseq.
1976, and—
"(i) after June 30, 1985, serves at least three years of
continuous active duty in the Armed Forces; or
"(ii) after June 30, 1985, is discharged or released
from active duty (I) for a service-connected disability or
for hardship, or (II) for the convenience of the Govern-
ment, if the individual completed not less than 30
months of active duty after that date;
"(2) who, before completion of the service described in clause
(1) of this subsection, has received a secondary school diploma
(or an equivalency certificate); and
"(3) who, after completion of the service described in clause (1)
of this subsection—
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, is transferred to the
Fleet Reserve or Fleet Marine Corps Reserve, or is placed
on the temporary disability retired list;
"(B) continues on active duty; or
"(C) is released from active duty for further service in a
reserve component of the Armed Forces after service on
active duty characterized by the Secretary concerned as
honorable service;
is entitled to basic educational assistance under this chapter.
"(b) The basic pay of any individual described in subsection
(aXl)(A) of this section who does not make an election under subsec-
tion (c)(1) of this section shall be reduced by $100 for each of the first
12 months that such individual is entitled to such pay. Amounts
withheld from basic pay under this subsection shall revert to the
Treasury.
"(cXD An individual described in subsection (a)(1)(A) of this sec-
tion may make an election not to receive educational assistance
under this chapter. Any such election shall be made at the time the
individual initially enters on active duty as a member of the Armed
Forces. Any individual who makes such an election is not entitled to
educational assistance under this chapter.
"(2) An individual who after December 31,1976, receives a commis-
sion as an officer in the Armed Forces upon graduation from the
United States Military Academy, the United States Naval Academy,
the United States Air Force Academy, or the Coast Guard Academy
or upon completion of a program of educational assistance under
section 2107 of title 10 is not eligible for educational assistance under 10 USC 2107.
this section.
"§ 1412. Basic educational assistance entitlement for service in the 38 usc 1412.
Selected Reserve
"(a) Except as provided in subsection (c) of this section, each
individual—
"(1) who—
98 STAT. 2556 PUBLIC LAW 98-525—OCT. 19, 1984
"(A) during the period beginning on July 1, 1985, and
ending on June 30, 1988, first becomes a member of the
Armed Forces or first enters on active duty as a member of
the Armed Forces and—
"(i) serves at least two years of continuous active
duty in the Armed Forces characterized by the Secre-
tary concerned as honorable service; and
"(ii) subject to subsection (b) of this section and after
completion of the service on active duty described in
subclause (i) of this clause, serves at least four years of
continuous duty in the Selected Reserve during which
the individual participates satisfactorily in training as
required by the Secretary concerned; or
"(B) as of December 31, 1989, is eligible for educational
38 use 1651 assistance under chapter 34 of this title and without a
^^^^9- break in service on active duty since December 31, 1976,
and—
"(i) after June 30, 1985, serves at least two years of
continuous active duty in the Armed Forces character-
ized by the Secretary concerned as honorable service;
and
"(ii) after June 30, 1985, subject to subsection (b) of
this section and after completion of such two years of
service, serves at least four continuous years in the
Selected Reserve during which the individual partici-
pates satisfactorily in training as prescribed by the
Secretary concerned;
"(2) who, before completion of the service described in clause
(1) of this subsection, has received a secondary school diploma
(or an equivalency certificate); and
"(3) who, after completion of the service described in clause (1)
of this subsection—
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, or is transferred to the
Standby Reserve or an element of the Ready Reserve other
than the Selected Reserve after service in the Selected
Reserve characterized by the Secretary concerned as honor-
able service; or
"(B) continues on active duty or in the Selected Reserve;
is entitled to basic educational assistance under this chapter.
"(b)(1) The requirement of four years of service under clauses
(l)(A)(ii) and (l)(B)(ii) of subsection (a) of this section is not applicable
to an individual who is discharged or released from service in the
Selected Reserve for a service-connected disability, for hardship, or
(in the case of an individual discharged or released after three and
one-half years of service) for the convenience of the Government.
"(2) Continuity of service of a member in the Selected Reserve for
purposes of such clauses shall not be considered to be broken—
"(A) by any period of time (not to exceed a maximum period
prescribed by the Secretary concerned by regulation) during
which the member is not able to locate a unit of the Selected
Reserve of the member's Armed Force that the member is
eligible to join or that has a vacancy; or
"(B) by any other period of time (not to exceed a maximum
period prescribed by the Secretary concerned by regulation)
during which the member is not attached to a unit of the
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2557
Selected Reserve that the Secretary concerned, pursuant to
regulations, considers to be inappropriate to consider for such
purpose.
"(c) The basic pay of any individual described in subsection
(a)(1)(A) of this section who does not make an election under subsec-
tion (d)(1) of this section shall be reduced by $100 for each of the first
12 months that such individual is entitled to such pay. Amounts
withheld from basic pay under this paragraph shall revert to the
Treasury,
"(d)(1) An individual described in subsection (aXlXA) of this section
may make an election not to receive educational assistance under
this chapter. Any such election shall be made at the time the
individual initially enters on active duty as a member of the Armed
Forces. Any individual who makes such an election is not entitled to
educational assistance under this chapter.
"(2) An individual who after December 31,1976, receives a commis-
sion as an officer in the Armed Forces upon graduation from the
United States Military Academy, the United States Naval Academy,
the United States Air Force Academy, or the Coast Guard Academy
or upon completion of a program of educational assistance under
section 2107 of title 10 is not eligible for educational assistance under lo USC 2107.
this section.
"§ 1413. Duration of basic educational assistance 38 use 1413.
"(a)(1) Subject to section 1795 of this title and except as provided
in paragraph (2) of this subsection, each individual entitled to basic
educational assistance under section 1411 of this title is entitled to Ante, p. 2554.
36 months of educational assistance benefits under this chapter (or
the equivalent thereof in part-time educational assistance).
"(2) In the case of an individual described in section
1411(a)(l)(A)(ii)(I) of this title who is not also described in section
1411(a)(l)(A)(i) of this title or an individual described in sec-
tion 1411(a)(l)(B)(iiXI) of this title who is not also described in section
1411(aXlXBXi) of this title, the individual is entitled to one month of
educational assistance benefits under this chapter for each month of
active duty served by such individual.
"(b) Subject to section 1795 of this title and subsection (c) of this
section, each individual entitled to basic educational assistance
under section 1412 of this title is entitled to (1) one month of Ante, p. 2555.
educational assistance benefits under this chapter for each month of
active duty served by such individual, and (2) one month of educa-
tional assistance benefits under this chapter for each four months
served by such individual in the Selected Reserve (other than any
month in which the individual served on active duty).
"(c) No individual may receive basic educational assistance bene-
fits under this chapter for a period in excess of 36 months (or the
equivalent thereof in part-time educational assistance).
"§ 1414. Payment of basic educational assistance 38 use 1414.
"The Administrator shall pay to each individual entitled to basic
educational assistance who is pursuing an approved program of
education a basic educational assistance allowance to help meet, in
part, the expenses of such individual's subsistence, tuition, fees,
supplies, books, equipment, and other educational costs.
"§ 1415. Amount of basic educational assistance 38 USC 1415.
"(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561.
provided in subsections (b) and (c) of this section, a basic educational
assistance allowance under this subchapter shall be paid—
"(1) at the monthly rate of $300 for an approved program of
education pursued on a full-time basis; or
98 STAT. 2558 PUBLIC LAW 98-525—OCT. 19, 1984
Regulations. "(2) at an appropriately reduced rate, as determined under
regulations which the Administrator shall prescribe, for an
approved program of education pursued on less than a full-time
basis.
"(b) In the case of an individual entitled to an educational assist-
Ante, p. 2554. ance allowance under section 1411 of this title and whose initial
obligated period of active duty is two years, a basic educational
assistance allowance under this chapter shall be paid—
"(1) at the monthly rate of $250 for an approved program of
education pursued on a full-time basis; or
Regulations. "(2) at an appropriately reduced rate, as determined under
regulations which the Administrator shall prescribe, for an
approved program of education pursued on less than a full-time
basis.
Regulations. "(c) In the case of an individual who has a skill or specialty
designated by the Secretary concerned as a skill or specialty in
which there is a critical shortage of personnel or for which it is
difficult to recruit, the Secretary concerned, pursuant to regulations
to be prescribed by the Secretary, may increase the rate of the basic
educational assistance allowance applicable to such individual to
such rate in excess of the rate prescribed under subsections (a) and
(b) of this section as the Secretary considers appropriate, but the
amount of any such increase may not exceed $400 per month.
"(dXD Subject to paragraph (2) of this subsection, in the case of an
individual who on December 31, 1989, was entitled to educational
38 use 1651 assistance under chapter 34 of this title, the rate of the basic
et seq. educational assistance allowance applicable to such individual under
this chapter shall be increased by the amount equal to one-half of the
educational assistance allowance that would be applicable to such
individual under such chapter 34 (as of the time the assistance under
this chapter is provided and based on the rates in effect on December
31, 1989) if such chapter were in effect.
"(2) The number of months for which the rate of the basic
educational assistance allowance applicable to an individual is in-
creased under paragraph (1) of this subsection may not exceed the
number of months of entitlement to educational assistance under
chapter 34 of this title that the individual had remaining on Decem-
ber 31, 1989.
38 u s e 1416. "§ 1416. Inservice enrollment in a program of education
"A member of the Armed Forces who has completed at least
two years of service on active duty after June 30, 1985, has contin-
ued on active duty or in the Selected Reserve without a break in
Ante, p. 2555. service (except as described in section 1412(bX2) of this title), and
Ante, p. 2554. who but for section 1411(aXl) or 1412(aXl) of this title would be
eligible for basic educational assistance may receive educational
assistance under this chapter for enrollment in an approved pro-
gram of education while continuing to perform the duty described in
section 1411(aXl) or 1412(aXl) of this title.
"Subchapter Ill—SuppIemental Educational
Assistance
38 use 1421. "§ 1421. Supplemental educational assistance for additional service
Regulations. "(a) The Secretary concerned, pursuant to regulations to be pre-
scribed by the Secretary, may provide for the payment of supple-
mental educational assistance under this subchapter to any
individual eligible for basic educational assistance under section
1411 of this title who—
"(1) serves five or more consecutive years of active duty in the
Armed Forces in addition to the years of active duty counted
under section 1411(aXl) of this title without a break in such
service; and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2559
"(2) after completion of the service described in clause (1) of
this subsection—
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, is transferred to the
Fleet Reserve or Fleet Marine Corps Reserve, or is placed
on the temporary disability retired list;
"(B) continues on active duty without a break in service;
or
"(C) is released from active duty for further service in a
reserve component of the Armed Forces after service on
active duty characterized by the Secretary concerned as
honorable service.
"(b) The Secretary concerned, pursuant to regulations to be Regulations.
prescribed by the Secretary, may provide for the payment of supple-
mental educational assistance under this subchapter to any individ-
ual eligible for basic educational assistance under section 1412 of
t h i s title who— Ante, p. 2555.
"(1) serves two or more consecutive years of active duty in the
Armed Forces in addition to the years of active duty counted
under section 1412(a)(1) of this title and four or more consecu-
tive years of duty in the Selected Reserve in addition to the
years of duty in the Selected Reserve counted under such
section without a break in service; and
"(2) after completion of the service described in clause (1) of
this subsection—
"(A) is discharged from service with an honorable dis-
charge, is placed on the retired list, is transferred to the
Fleet Reserve or Fleet Marine Corps Reserve, or is placed
on the temporary disability retired list; or
"(B) continues on active duty or in the Selected Reserve.
"(c) Continuity of service of a member in the Selected Reserve for
purposes of subsection (b)(1) of this section shall not be considered to
be broken—
"(1) by any period of time (not to exceed a maximum period
prescribed by the Secretary concerned by regulation) during
which the member is not able to locate a unit of the Selected
Reserve of his Armed Force that the member is eligible to join
or that has a vacancy; or
"(2) by any other period of time (not to exceed a maximum
period prescribed by the Secretary concerned by regulation)
during which the member is not attached to a unit of the
Selected Reserve that the Secretary concerned, pursuant to
regulations, considers to be inappropriate to consider for such
purpose.
"(d) A period of active duty or duty in the Selected Reserve that
occurs before the period of duty by which the individual concerned
qualifies for basic educational assistance may not be counted for
purposes of this section.
"§ 1422. Amount of supplemental educational assistance 38 USC 1422.
"(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561.
provided under subsection (b) of this section, supplemental educa-
tional assistance under section 1421 of this title shall be paid— Ante, p. 2558.
"(1) at a monthly rate of $300 for an approved program of
education pursued on a full-time basis; or
"(2) at an appropriately reduced rate, as determined under
regulations which the Administrator shall prescribe, for an
approved program of education pursued on less than a full-time
basis.
"(b) In the case of a member of the Armed Forces for whom the Regulations.
Secretary concerned has provided for the payment of supplemental
educational assistance who has a skill or specialty designated by the
98 STAT. 2560 PUBLIC LAW 98-525—OCT. 19, 1984
Secretary concerned, pursuant to regulations to be prescribed by the
Secretary, as a skill or specialty in which there is a critical shortage
of personnel, the Secretary concerned, pursuant to such regulations,
may increase the rate of the supplemental educational assistance
allowance applicable to such individual to such rate in excess of the
rate prescribed under subsection (a) of this section as the Secretary
concerned considers appropriate, but the amount of any such in-
crease may not exceed $300 per month.
38 use 1423. "§ 1423. Payment of supplemental educational assistance under
this subchapter
"The Administrator shall increase the monthly basic educational
assistance allowance paid to an individual who is entitled to supple-
mental educational assistance under this subchapter by the monthly
amount of the supplemental educational assistance to which the
individual is entitled.
"Subchapter IV—Time Limitation for Use of Eligibility and
Entitlement; General and Administrative Provisions
"§ 1431. Time limitation for use of eligibility and entitlement
38 use 1431. "(a) Except as provided in subsections (b) through (d) of this
section, the period during which an individual entitled to educa-
tional assistance under this chapter may use such individual's
entitlement expires at the end of the 10-year period beginning on (1)
the date of such individual's last discharge or release from active
duty, or (2) the last day on which such individual becomes entitled to
such assistance, whichever is later.
"(b) In the case of any eligible individual who has been prevented,
as determined by the Administrator, from pursuing a program of
education under subchapter II or III of this chapter within the 10-
year period prescribed by subsection (a) of this section because such
individual had not met the nature of discharge requirement of such
subchapter before (1) the nature of such individual's discharge or
release was changed by appropriate authority, or (2) with respect to
educational £issistance under subchapter II of this chapter, the
Administrator determined, under regulations prescribed by the
Administrator, that such discharge or release was under conditions
Ante, pp. 2554, described in section 1411(a)(3) or 1412(aX3) of this title, such 10-year
2555. period shall not run during the period of time that such individual
was so prevented from pursuing such program of education.
"(c) In the case of an individual eligible for educational assistance
under the provisions of this chapter who, after such individual's last
discharge or release from active duty, was detained by a foreign
government or power, the 10-year period described in subsection (a)
of this section shall not run (1) while such individual is so detained,
or (2) during any period immediately following such individual's
release from such detention during which such individual is hospi-
talized at a military, civilian, or Veterans' Administration medical
facility.
"(d) In the case of an individual eligible for educational £issistance
under this chapter—
"(1) who was prevented from pursuing such individual's
chosen program of education before the expiration of the 10-
year period for use of entitlement under this chapter otherwise
applicable under this section because of a physical or mental
disability which was not the result of the individual's own
willful misconduct, and
Regulations. "(2) who applies for an extension of such 10-year period
within one year after (A) the last day of such period, or (B) the
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2561
last day on which such individual was so prevented from pursu-
ing such program, whichever is later,
such 10-year period shall not run with respect to such individual
during the period of time that such individual was so prevented
from pursuing such program and such 10-year period will again
begin running on the first day following such individual's recovery
from such disability on which it is reasonably feasible, as deter-
mined under regulations which the Administrator shall prescribe,
for such individual to initiate or resume pursuit of a program of
education with educational assistance under this chapter.
"(eXD If an individual eligible for educational assistance under
this chapter is enrolled under this chapter in an educational institu-
tion regularly operated on the quarter or semester system and the
period of such individual's entitlement under this chapter would,
under this section, expire during a quarter or semester, such period
shall be extended to the end of such quarter or semester.
"(2) If an individual eligible for educational assistance under this
chapter is enrolled under this chapter in an educational institution
regularly operated on the quarter or semester system and the period
of such individual's entitlement under this chapter would, under
this section, expire after a major portion of the course is completed,
such period shall be extended to the end of the course or for 12
weeks, whichever is the lesser period of extension.
"1432. Limitation on educational assistance for certain individuals 38 USC 1432.
"(a) In the case of an individual entitled to educational assistance
under this chapter who is pursuing a program of education—
"(1) while on active duty; or
"(2) on less than a half-time basis,
the amount of the monthly educational assistance allowance pay-
able to such individual under this chapter is the amount determined
under subsection (b) of this section.
"(b) The amount of the educational assistance allowance payable
to an individual described in subsection (a) of this section is the
lesser of (1) the amount of the educational assistance allowance
otherwise payable to such individual under this chapter, or (2) the
established charges for tuition and fees that the educational institu-
tion involved requires similarly circumstanced nonveterans enrolled
in the same program to pay.
"§ 1433. Bar to duplication of educational assistance benefits 38 USC 1433.
"(aXD An individual entitled to educational assistance under a
program established by this chapter who is also eligible for educa-
tional assistance under a program under chapter 31, 34, or 35 of
this title or under chapter 106 or 107 of title 10 may not receive 38 USC 1500 et
assistance under both programs concurrently but shall elect (in such seq.; 1651 et seq.;
form and manner as the Administrator may prescribe) under which p^ 2564-^0 i^C^'
program to receive educational assistance. 2141 et'seq.
"(2) An individual entitled to educational assistance under chap-
ter 34 of this title may not receive assistance under this chapter 38 USC 1651
before January 1, 1990. et seq.
"(b) A period of service counted for purposes of repayment under
section 902 of the Department of Defense Authorization Act, 1981
(10 U.S.C. 2141 note), of an education loan may not also be counted
98 STAT. 2562 PUBLIC LAW 98-525—OCT. 19, 1984
for purposes of entitlement to educational assistance under this
chapter,
"(c) An individual who is entitled to educational assistance under
Post, p. 2564. chapter 106 of title 10 may not also receive educational assistance
Ante, p. 2555. under this chapter based on entitlement under section 1412 of this
title.
38 u s e 1434. "§ 1434. Program administration
"(a) Except as otherwise provided in this chapter, the provisions of
sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of this
title and the provisions of subchapters I and II of chapter 36 of this
38 u s e 1770, title (with the exception of sections 1777, 1780(a)(5), 1780(b), 1786,
1780. 1787, and 1792 of such chapter) shall be applicable to the provision
of educational assistance under this chapter. The term 'eligible
veteran', as used in those provisions, shall be deemed to include an
individual who is eligible for educational assistance under this
chapter.
"(b) An educational assistance allowance for any period may not
be paid to an individual enrolled in or pursuing a program of
education under this chapter until the Administrator has received—
"(1) from such individual a certification as to such individ-
ual's actual attendance during such period; and
"(2) from the educational institution a certification, or an
endorsement of the individual's certificate, that such individual
was enrolled in and pursuing a program of education during
such period.
Regulations. "(c) Regulations prescribed by the Secretary of Defense under this
chapter shall be uniform for the Armed Forces under the jurisdic-
tion of the Secretary of a military department.
38 u s e 1435. "§ 1435. Allocation of administration and of program costs
"(a) Except to the extent otherwise specifically provided in this
chapter, the educational assistance programs established by this
chapter shall be administered by the Veterans' Administration.
"(b)(1) Except to the extent provided in paragraph (2) of this
subsection, payments for entitlement earned under subchapter II of
Ante, p. 2554. this chapter shall be made from funds appropriated to, or otherwise
available to, the Veterans' Administration for the payment of read-
justment benefits.
"(2) Payments for entitlement earned under subchapter II of this
Ante, p. 2557. chapter that is established under section 1415(c) of this title at a
rate in excess of the rate prescribed under section 1415(a) of this
title shall, to the extent of that excess, be made from the Depart-
ment of Defense Education Benefits Fund established under section
Post, p. 2568. 2006 of title 10 or from appropriations made to the Department of
Transportation, as appropriate.
"(c) Payments for educational assistance provided under subchap-
ter III of this chapter shall be made from the Department of Defense
Education Benefits Fund established under section 2006 of title 10 or
from appropriations made to the Department of Transportation, as
appropriate.
"(d) Funds for the payment by the Administrator of benefits under
this chapter that are to be paid from the Department of Defense
Education Benefits Fund shall be transferred to the Veterans' Ad-
ministration from such Fund as necessary and in accordance with
agreements entered into under section 2006 of title 10 by the
Administrator, the Secretary of Defense, and the Secretary of the
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2563
Treasury. Funds for the payment by the Administrator of benefits
under this chapter that are to be paid from appropriations made to
the Department of Transportation shall be transferred to the Veter-
ans' Administration as necessary. The Administrator and the Secre-
tary of Transportation shall enter into an agreement for the manner
in which such transfers are to be made.
"§ 1436. Reporting requirement 38 use 1436.
"(a) The Secretary of Defense and the Administrator shall submit
to the Congress at least once every two years separate reports on the
operation of the program provided for in this chapter.
"(b) The Secretary shall include in each report submitted under
this section—
"(1) information indicating (A) the extent to which the benefit
levels provided under this chapter are adequate to achieve the
purposes of inducing individuals to enter and remain in the
Armed Forces and of providing an adequate level of financial
assistance to help meet the cost of pursuing a program of
education, and (B) whether it is necessary for the purposes of
maintaining adequate levels of well-qualified active-duty per-
sonnel in the Armed Forces to continue to offer the opportunity
for educational assistance under this chapter to individuals who
have not yet entered active-duty service; and
"(2) such recommendations for administrative and legislative
changes regarding the provision of educational assistance to
members of the Armed Forces and veterans, and their depend-
ents, as the Secretary considers appropriate.
"(c) The Administrator shall include in each report submitted
under this section—
"(1) information concerning the level of utilization of educa-
tional assistance and of expenditures under this chapter; and
"(2) such recommendations for administrative and legislative
changes regarding the provision of educational assistance to
members of the Armed Forces and veterans, and their depend-
ents, as the Administrator considers appropriate.
"(d)(1) The first report by the Secretary of Defense under this
section shall be submitted not later than January 1,1986.
"(2) The first report by the Administrator under this section shall
be submitted not later than January 1,1988.".
(2) The tables of chapters at the beginning of such title and at the
beginning of part III of such title are each amended by inserting
above the item relating to chapter 31 the following new item:
"30. All-Volunteer Force Educational Assistance Program 1401".
(b) Subchapter III of chapter 30 of title 38, United States Code, as Effective date.
added by subsection (a), shall take effect on July 1,1986. ^8 use I42i
(c) Not later than one year after the date of the enactment of this "° ^
Act, the Secretary of Defense shall submit to Congress a report on
the desirability and the feasibility of permitting members of the
Armed Forces entitled to educational assistance under chapter 30 of
title 38, United States Code (as added by subsection (a)), to transfer Ante, p. 2553.
entitlement to such assistance to dependents of such members.
98 STAT. 2564 PUBLIC LAW 98-525—OCT. 19, 1984
COORDINATION WITH OTHER VETERANS' EDUCATION AND TRAINING
PROGRAMS
SEC. 703. (a) Section 1508(fi(l) of title 38, United States Code, is
amended—
(1) in subparagraph (A)—
(A) by inserting "30 or" before "34" the first place it
appears; and
(B) by striking out "chapter 34" the second place it
appears and inserting in lieu thereof "either chapter 30 or
chapter 34"; and
(2) in subparagraph (B), by inserting "30 or" before "34".
38 use 1673. (b) The third sentence of section 1673(d)(1) of such title is amended
by inserting "30," after "or chapter".
Ante, p. 41. (c) Section 1781 is amended—
(1) in subsection (a)—
(A) by inserting "30," after "chapter" the first place it appears;
(B) by striking out "36," and inserting in lieu thereof "36 of
this title or 106 or 107 of title 10,"; and
(C) by striking out the comma after "chapter 31"; and
(2) by inserting "30," in subsection (b)(1) after "Chapters".
Ante, p. 41. (d) Section 1795(a) is amended—
(1) by inserting "30," in clause (4) after "Chapters"; and
(2) by striking out "Chapter 107" in clause (5) and inserting in
lieu thereof "Chapters 106 and 107".
SUSPENSION OF RIGHT TO ENROLL IN CHAPTER 32 PROGRAM
38 use 1621 SEC. 704. No individual on active duty in the Armed Forces may
note. initially enroll in the educational assistance program provided for in
38 use 1601 chapter 32 of title 38, United States Code, during the period begin-
^' *^^- ning on July 1,1985, and ending on June 30,1988.
REVISION OF EDUCATIONAL ASSISTANCE PROGRAM FOR THE SELECTED
RESERVE
SEC. 705. (a)(1) Chapter 106 of title 10, United States Code, is
amended to read as follows:
"CHAPTER 106—EDUCATIONAL ASSISTANCE FOR
MEMBERS OF THE SELECTED RESERVE
"Sec.
"2131. Educational assistance program: establishment; amount.
"2132. Eligibility for educational assistance.
"2133. Time limitation for use of entitlement.
"2134. Termination of assistance.
"2135. Failure to participate satisfactorily; penalties.
"2136. Administration of program.
"2137. Reports to Congress.
"2138. Savings provision.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2565
"§2131. Educational assistance program: establishment; amount 10 use 2131.
"(a) To encourage membership in units of the Selected Reserve of
the Ready Reserve, the Secretary of each military department,
under regulations prescribed by the Secretary of Defense, and the
Secretary of Transportation, under regulations prescribed by the
Secretary with respect to the Coast Guard when it is not operating
as a service in the Navy, shall establish and maintain a program to
provide educational assistance to members of the Selected Reserve
of the Ready Reserve of the armed forces under the jurisdiction of
the Secretary concerned who agree to remain members of the
Selected Reserve for a period of not less than six years.
"(b) Each educational assistance program established under sub-
section (a) shall provide for payment by the Secretary concerned to
each person entitled to educational assistance under this chapter
who is pursuing a program of education and educational assistance
allowance at the following rates:
"(1) $140 per month for each month of full-time pursuit of a
program of education;
"(2) $105 per month for each month of three-quarter-time
pursuit of a program of education; and
"(3) $70 per month for each month of half-time pursuit of a
program of education.
"(c)(1) Educational assistance may only be provided under this
chapter for pursuit of a program of education at an institution of
higher learning and may not be provided to a person after the
person has completed a course of instruction required for the award
of a baccalaureate degree or the equivalent evidence of completion
of study.
"(2) Subject to section 1795 of title 38, the maximum number of 38 use 1795.
months of educational assistance that may be provided to any
person under this chapter is 36.
"§ 2132. Eligibility for educational assistance lO use 2132.
"(a) A person who—
"(1) during the period beginning on July 1, 1985, and ending
on June 30,1988—
"(A) enlists, reenlists, or extends an enlistment as a
Reserve for service in the Selected Reserve for a period of
not less than six years; or
"(B) is appointed as, or is serving as, a reserve officer and
agrees to serve in the Selected Reserve for a period of not
less than six years in addition to any other period of
obligated service in the Selected Reserve to which the
person may be subject; and
"(2) before completing initial active duty for training has
received a secondary school diploma (or an equivalency
certificate);
is entitled to educational assistance under section 2131 of this title. Supm.
"(b) Educational assistance may not be provided to a member
under this chapter until the member—
"(1) has completed the initial period of active duty for train-
ing required of the member; and
"(2) has completed 180 days of service in the Selected Reserve.
"(c) Each person who becomes entitled to educational assistance
under subsection (a) shall at the time the person becomes so entitled
be given a statement in writing summarizing the provisions of this
31-194 0 - 8 6 - 7 : QL.3 Part3
98 STAT. 2566 PUBLIC LAW 98-525—OCT. 19, 1984
chapter and stating clearly and prominently the substance of sec-
Infra. tions 2134 and 2135 of this title as such sections may apply to the
person.
"(d) A person who is entitled to educational assistance under
Ante, pp. 2553, chapter 30 of title 38 based on section 1412 of that title may not also
2555. be provided educational assistance under this chapter.
10 use 2133. "§ 2133. Time limitation for use of entitlement
"(a) Except as provided in subsection (b), the period during which
a person entitled to educational assistance under this section may
use such person's entitlement expires (1) at the end of the 10-year
period beginning on the date on which such person becomes entitled
to such assistance, or (2) on the date the person is separated from
the Selected Reserve, whichever occurs first.
Ante, p. 2560. "(b)(1) The provisions of section 1431(e) of title 38 shall apply to
the period of entitlement prescribed by subsection (a).
"(2) The provisions of section 1431(d) of title 38 shall apply to the
period of entitlement prescribed by subsection (a) in the case of a
disability incurred in or aggravated by service in the Selected
Reserve.
10 use 2134. "§ 2134. Termination of assistance
"Educational assistance may not be provided under this chapter—
"(1) to a member receiving financial assistance under section
10 use 2107. 2107 of this title as a member of the Senior Reserve Officers'
Training Corps program; or
"(2) to a member who fails to participate satisfactorily in
required training as a member of the Selected Reserve.
10 use 2135. "§ 2135. Failure to participate satisfactorily; penalties
"(a)(1) A member of the Selected Reserve of the Ready Reserve of
an armed force who fails to participate satisfactorily in required
training as a member of the Selected Reserve during a term of
enlistment or other period of obligated service that created entitle-
ment of the member to educational assistance under this chapter
shall, at the option of the Secretary concerned—
"(A) be ordered to active duty for a period of two years or the
period of obligated service the person has remaining under
Ante, p. 2565. Section 2132 of this title, whichever is less; or
"(B) be required to refund to the United States an amount
determined under subsection (b).
"(2) The Secretary concerned may waive the requirements of
paragraph (1), or may reduce the amount of any refund under clause
(B) of such paragraph, in the case of any individual member when
the Secretary determines that the failure to participate satisfac-
torily was due to reasons beyond the control of the member,
"(3) Any refund by a member under this section shall not affect
the period of obligation of such member to serve as a Reserve in the
Selected Reserve.
"(b)(1) The amount of a refund under subsection (a) shall be the
amount equal to the product of—
"(A) the number of months of obligated service remaining
under the agreement entered into under section 2132(aX3)
divided by the original number of months of such obligation;
and
"(B) the total amount of educational assistance provided to
the member under this chapter.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2567
as increased by interest determined under paragraph (2).
"(2) The amount computed under paragraph (1) shall bear interest
at the rate equal to the highest rate being paid by the United States
on the day on which the refund is determined to be due for securi-
ties having maturities of 90 days or less and shall accrue from the
day on which the member is first notified of the amount due to the
United States as a refund under this section.
"§ 2136. Administration of program 10 use 2136.
"(a) Educational assistance under this chapter shall be provided
through the Veterans' Administration, under agreements to be
entered into by the Secretary of Defense, and by the Secretary of
Transportation, with the Administrator of Veterans' Affairs. Such
agreements shall include administrative procedures to ensure the
prompt and timely transfer of funds from the Secretary concerned
to the Veterans' Administration for the making of payments under
this chapter.
"(b) Except as otherwise provided in this chapter, the provisions of
sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of
chapter 34 of title 38 and the provisions of subchapters I and II
of chapter 36 of such title (with the exception of sections 1780(a)(5), 38 use 1770,
1780(b), 1786, 1787(b)(1), and 1792) shall be applicable to the provi- I'^SO.
sion of educational assistance under this chapter. The term 'eligible
veteran', as used in those provisions, shall be deemed for the pur-
pose of the application of those provisions to this chapter to refer to
a person eligible for educational assistance under this chapter.
"§ 2137. Reports to Congress lo use 2137.
"The Secretary of Defense shall submit to the Congress a report
not later than December 15 of each year concerning the operation of
the educational assistance program established by this chapter
during the preceding fiscal year. Each such report shall include the
number of members of the Selected Reserve of the Ready Reserve of
each armed force receiving, and the number entitled to receive,
educational assistance under this chapter during the preceding
fiscal year.
"§ 2138. Savings provision lo use 2138.
"A member who entered into an agreement under this chapter
before July 1, 1985, shall continue to be eligible for educational
assistance in accordance with the terms of such agreement and of
this chapter as in effect before such date.".
(2) The items relating to such chapter in the table of chapters at
the beginning of subtitle A of such title, and in the table of chapters
at the beginning of part III of such subtitle, are amended to read as
follows:
"106. Educational Assistance for Members of the Selected Reserve 2131".
(b) The amendments made by this section shall take effect on Effective date.
July 1, 1985, and shall apply only to members of the Armed Forces lO use 2131
who qualify for educational assistance under chapter 106 of title 10, ^^^ ^ 2564.
United States Code, as amended by subsection (a), on or after such
date.
98 STAT. 2568 PUBLIC LAW 98-525—OCT. 19, 1984
ACCRUAL FUNDING OF DEPARTMENT OF DEFENSE UABIUTIES
SEC. 706. (a)(1) Chapter 101 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
10 use 2006. "§ 2006. Department of Defense Education Benefits Fund
"(a) There is established on the books of the Treasury a fund to be
known as the Department of Defense Education Benefits Fund
(hereinafter in this section referred to as the 'Fund'), which shall be
administered by the Secretary of the Treasury. The Fund shall be
used for the accumulation of funds in order to finance Department
of Defense education liabilities on an actuarially sound basis.
"(b) In this section:
"(1) 'Department of Defense education liabilities' means li-
abilities of the Department of Defense for benefits under chap-
Ante, pp. 2553, ter 30 of title 38 and for benefits under chapter 106 of this title.
2^^^- "(2) 'Normal cost', with respect to any period of time, means
the total of the following:
"(A) The present value of the future benefits payable
from the Fund for amounts attributable to increased
amounts of educational assistance authorized under section
Ante, p. 2557. 1415(c) of title 38 to persons who were not on active duty on
July 1, 1985, and who during such period enter on active
duty.
"(B) The present value of the future benefits payable
from the Fund for amounts attributable to educational
assistance authorized under subchapter III of chapter 30 of
Ante, p. 2558. title 38 to persons who were not on active duty on July 1,
1985, and who during such period—
"(i) enter a fourth year of active duty, in the case of
persons eligible for basic educational assistance under
Ante, p. 2554. section 1411 of such title; or
"(ii) enter a period of service that will establish
entitlement to such educational assistance under sec-
Ante, p. 2558. tion 1421(b) of such title, in the case of persons eligible
for basic educational assistance under section 1412 of
such title.
Ante, p. 2555. "(C) The present value of the future benefits payable
from the Fund for educational assistance under chapter 106
Ante, p. 2564. of this title to persons who during such period become
entitled to such assistance.
"(c) There shall be deposited into the Fund the following, which
shall constitute the assets of the Fund:
"(1) Amounts paid into the Fund by the Secretary of Defense
under subsection (g).
"(2) Any amount appropriated to the Fund.
"(3) Any return on investment of the assets of the Fund.
"(d) The Secretary of the Treasury shall transfer from the Fund to
the Administrator of Veterans' Affairs such amounts as may be
necessary to enable the Administrator to make required payments
of Department of Defense education liabilities. The Secretary of the
Treasury, the Secretary of Defense, and the Administrator shall
enter into an agreement as to how and when, and the amounts in
which, such transfers shall be made. Except for investments under
subsection (h), amounts in the Fund may not be used for any
purpose other than transfers as described in this subsection.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2569
"(e)(1)(A) There is established in the Department of Defense a Department of
Department of Defense Education Benefits Board of Actuaries (here- Defense
Education
inafter in this section referred to as the 'Board'). The Board shall Benefits Board of
consist of three members, who shall be appointed by the Secretary of Actuaries,
Defense from among qualified professional actuaries who are mem- establishment.
bers of the Society of Actuaries.
"(B)(i) Except as provided in clause (ii), the members of the Board
shall serve for a term of fifteen years, except that a member of the
Board appointed to fill a vacancy occurring before the end of the
term for which his predecessor was appointed shall only serve until
the end of such term. A member may serve after the end of his term
until his successor has taken office. A member of the Board may be
removed by the Secretary of Defense for misconduct or failure to
perform functions vested in the Board, and for no other reason.
"(ii) Of the members of the Board who are first appointed under
this paragraph, one each shall be appointed for terms ending five,
ten, and fifteen years, respectively, after the date of appointment, as
designated by the Secretary of Defense at the time of appointment.
"(C) A member of the Board who is not otherwise an employee of
the United States is entitled to receive pay at the daily equivalent of
the annual rate of basic pay of the highest rate of basic pay then
currently being paid under the General Schedule of subchapter III
of chapter 53 of title 5, for each day the member is engaged in the 5 u s e 5331.
performance of duties vested in the Board and is entitled to travel
expenses, including a per diem allowance, in accordance with sec-
tion 5703 of title 5. 5 u s e 5703.
"(2) The Board shall report to the Secretary of Defense annually Report.
on the actuarial status of the Fund and shall furnish its advice and
opinion on matters referred to it by the Secretary.
"(3) The Board shall review valuations of the Fund under subsec- Report.
tion (f) and report periodically, not less than once every four years,
to the President and Congress on the status of the Fund and shall
recommend such changes as in the Board's judgment are necessary
to protect the public interest and maintain the Fund on a sound
actuarial basis.
"(4) The Secretary shall keep, or cause to be kept, such records as Records.
necessary for determining the actuarial status of the Fund.
"(f)(1) The Secretary of Defense shall carry out periodic actuarial
valuations of the educational programs described in subsection
(b)(1).
"(2) Based on the most recent such valuation, the Secretary of
Defense shall estimate the normal cost for the next fiscal year.
"(3) If at the time of any such valuation there has been a change
in benefits under an education program described in subsection
(b)(1) that has been made since the last such valuation and that
increases or decreases the present value of benefits payable from the
Fund, the Secretary of Defense shall determine an amortization
methodology and schedule for the liquidation of the unfunded liabil-
ity (or negative unfunded liability) thus created such that the
present value of the sum of the amortization payments equals the
increase or decrease in the present value of such benefits.
"(4) If at the time of any such valuation the Secretary of Defense
determines that, based upon changes in actuarial assumptions since
the last valuation, there has been an actuarial gain or loss to the
Fund, the Secretary shall determine an amortization methodology
and schedule for the liquidation of such gain or loss through an
98 STAT. 2570 PUBLIC LAW 98-525—OCT. 19, 1984
increase or decrease in the payments that would otherwise be made
to the Fund.
"(5) Based on the determinations under paragraphs (2), (3), and (4)
the Secretary of Defense shall determine the amount needed to be
appropriated to the Department of Defense for the next fiscal year
President of U.S. for payments to be made to the Fund under subsection (g). The
President shall include not less than the full amount so determined
in the budget transmitted to Congress for the next fiscal year under
31 use 1105. section 1105 of title 31. The President may comment and make
recommendations concerning any such amount.
"(6) All determinations under this subsection shall be made using
methods and assumptions approved by the Board of Actuaries (in-
cluding assumptions of interest rates and inflation) and in accord-
ance with generally accepted actuarial principles and practices.
"(g)(1) The Secretary of Defense shall pay into the Fund each
month the amount that, based upon the most recent actuarial
valuation of the education programs described in subsection (b)(1), is
equal to the actual total normal cost for the preceding month.
"(2) The Secretary of Defense shall pay into the Fund at the
beginning of each fiscal year (or as soon thereafter as appropriations
are available for such purpose) the sum of the following:
"(A) The amount of the payment for that year, if any, for the
amortization of any liability to the Fund resulting from a
change in benefits, as determined by the Secretary of Defense
under subsection (f)(3).
"(B) The amount of the payment for that year, if any, for the
amortization of any actuarial gain or loss to the Fund, as
determined by the Secretary of Defense under subsection (f)(4).
"(3) Amounts paid into the Fund under this subsection shall be
paid from appropriations available for the pay of members of the
armed forces under the jurisdiction of the Secretary of a military
department.
Securities. "(h) The Secretary of the Treasury shall invest such portion of the
Fund as is not in the judgment, of the Secretary required to meet
current withdrawals. Such investments shall be in public debt
securities with maturities suitable to the needs of the Fund, as
determined by the Secretary, and bearing interest at rates deter-
mined by the Secretary, taking into consideration current market
yields on outstanding marketable obligations of the United States of
comparable maturities. The income on such investments shall be
credited to and form a part of the Fund.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"2006. Department of Defense Education Benefits Fund.".
10 u s e 2006 (b) The first payment into the Department of Defense Education
note. Benefits Fund under section 2006 of title 10, United States Code, as
Ante, p. 2568. added by subsection (a), shall be made not later than three months
after the Board of Actuaries determines the amounts needed to be
paid into the Fund for that portion of fiscal year 1985 beginning on
July 1, 1985. The first payment shall be made in a lump sum equal
to the total of the amounts that would have been paid to the Fund
each month between July 1, 1985, and the time such first payment is
made.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2571
EDUCATIONAL LEAVE OF ABSENCE FOR MEMBERS OF THE ARMED FORCES
SEC. 707. (a)(1) Chapter 40 of title 10, United States Code, relating
to leave, is amended by adding at the end thereof the following new
section:
"§ 708. Educational leave of absence lo use 708.
"(a) Under such regulations as the Secretary of Defense may
prescribe after consultation with the Secretary of Transportation
and subject to subsection (b), the Secretary concerned may grant to
any eligible member (as defined in subsection (e)) a leave of absence
for a period of not to exceed two years for the purpose of permitting
the member to pursue a program of education.
"(b)(1) A member may not be granted a leave of absence under this
section unless—
"(A) in the case of an enlisted member, the member agrees in
writing to extend his current enlistment after completion (or
other termination) of the program of education for which the
leave of absence was granted for a period of two months for each
month of the period of the leave of absence; and
"(B) in the case of an officer, the member agrees to serve on
active duty after completion (or other termination) of the pro-
gram of education for which the leave of absence was granted
for a period (in addition to any other period of obligated service
on active duty) of two months for each month of the period of
the leave of absence.
"(2) A member may not be granted a leave of absence under this
section until he has completed any extension of enlistment or
reenlistment, or any period of obligated service, incurred by reason
of any previous leave of absence granted under this section.
"(c)(1) While on a leave of absence under this section, a member
shall be paid basic pay but may not receive basic allowance for
quarters or basic allowance for subsistence or any other pay and
allowances to which he would otherwise be entitled for such period.
"(2) A period during which a member is on a leave of absence
under this section shall be counted for the purposes of computing
the amount of the member's basic pay, for the purpose of determin-
ing the member's eligibility for retired pay, and for the purpose of
determining the member's time in grade for promotion purposes, but
may not be counted for the purposes of completion of the term of
enlistment of the member (in the case of an enlisted member) or for
purposes of section 1421 of title 38, relating to entitlement to Ante, p. 2558.
supplemental educational assistance.
"(d)(1) In time of war, or of national emergency declared by the
President or the Congress after the date of the enactment of this
section, the Secretary concerned may cancel any leave of absence
granted under this section.
"(2) The Secretary concerned may cancel a leave of absence
granted to a member under this section if the Secretary determines
that the member is not satisfactorily pursuing the program of
education for which the leave was granted.
"(e) In this section, 'eligible member' means a member of the
armed forces on active duty who is eligible for basic educational
assistance under chapter 30 of title 38 and who— Ante, p. 2553.
"(1) in the case of an enlisted member, has completed at least
one term of enlistment and has reenlisted; and
98 STAT. 2572 PUBLIC LAW 98-525—OCT. 19, 1984
"(2) in the case of an officer, has completed the officer's initial
period of obligated service on active duty.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"708. Educational leave of absence.".
Effective date. (b) Section 708 of title 10, United States Code, as added by
10 u s e 708 note. subsection (a), shall take effect on October 1,1985.
PRESEPARATION COUNSEUNG
SEC. 708. (a)(1) Chapter 53 of title 10, United States Code, is
amended by adding after section 1045 (as added by section 654) the
following new section:
10 use 1046. "§ 1046. Preseparation counseling requirement
"Upon the discharge or release from active duty of a member of
the armed forces, the Secretary concerned shall provide for individ-
ual counseling of that member. That counseling shall include a
discussion of the educational assistance benefits to which the
member is entitled because of the member's service in the armed
forces and an explanation of the procedures for and advantages of
affiliating with the Selected Reserve. A notation of the provision of
such counseling, signed by the member, shall be placed in the
service record of each member receiving such counseling.".
(2) The table of sections at the beginning of that chapter is
amended by adding after the item relating to section 1045 (as added
by section 654) the following new item:
"1046. Preseparation counseling requirement.".
Effective date. (b) Section 1046 of title 10, United States Code, as added by
10 u s e 1046 subsection (a), shall take effect on July 1,1985.
note.
EXTENSION OF PILOT DEPARTMENT OF DEFENSE EDUCATIONAL
ASSISTANCE LOAN REPAYMENT PROGRAM
SEC. 709. Section 902(g) of the Department of Defense Authoriza-
97 Stat. 672. tion Act, 1981 (10 U.S.C. 2141 note), is amended by striking out
"October 1, 1984" and inserting in lieu thereof "October 1, 1986".
TITLE VIII—CIVIL DEFENSE
AUTHORIZATION OF APPROPRIATIONS
SEC. 801. There is hereby authorized to be appropriated for fiscal
year 1985 to carry out the provisions of the Federal Civil Defense
50 u s e app. Act of 1950 (50 U.S.C. App. 251 et seq.) the sum of $190,000,000.
2251-2297.
R E P E A L OF LIMITATION ON AMOUNTS THAT MAY BE APPROPRIATED FOR
CERTAIN PURPOSES
SEC. 802. Section 408 of the Federal Civil Defense Act of 1950 (50
U.S.C. App. 2260) is amended by striking out ": Provided further"
and all that follows through "$47,000,000 per annum".
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2573
TITLE IX—NATIONAL DEFENSE STOCKPILE
TERMINATION OF PREVIOUS DISPOSAL AUTHORITY
SEC. 901. (a) Any authority provided by law before the date of the Contracts.
enactment of this Act to enter into contracts for the disposal of 50 u s e 98d note.
materials in the National Defense Stockpile established by section 3
of the Strategic and Critical Materials Stock Piling Act (hereinafter
in this title referred to as "the Act") (50 U.S.C. 98b) shall expire on
September 30,1984.
AUTHORIZATIONS FOR DISPOSAL
SEC. 902. Effective on October 1, 1984, the President is authorized Effective date.
to dispose of the following quantities of materials currently held in President of U.S.
50 u s e 98d note.
the National Defense Stockpile in accordance with the provisions of
the Act, such quantities having been determined to be excess to the
current requirements of the stockpile:
(1) 3,200 short tons of antimony.
(2) 5,600 short tons of asbestos, chrysotile.
(3) 7,500,000 carats of diamond stones.
(4) 51,210 short dry tons of manganese dioxide battery
natural.
(5) 292,000 short dry tons of metallurgical grade manganese.
(6) 5,000 flasks of mercury.
(7) 500,000 pounds of mercuric oxide.
(8) 1,000,000 pounds of mica, muscovite film first and second
qualities.
(9) 1,000,000 pounds of mica, muscovite splittings.
(10) 50,000 pounds of mica, phlogopite splittings.
(11) 167 short tons of mica block and lump.
(12) 100,000 pounds of quartz crystals.
(13) 10,000,000 troy ounces of silver.
(14) 125,000 pounds of talc, block and lump.
(15) 50,()00 pounds of thorium nitrate.
(16) 20,000 long tons of tin.
(17) 2,400,000 pounds of tungsten contained in ores.
(18) 4,200 long tons of vegetable tannin, chestnut.
(19) 20,000 long tons of vegetable tannin, quebracho.
RESTRICTIONS ON BALANCE IN STOCKPILE TRANSACTION FUND
SEC. 903. (a) Section 5(b)(2) of the Act (50 U.S.C. 98d(b)(2)) is
amended—
(1) by striking out "a balance" the first place it appears and
inserting in lieu thereof "an unobligated balance"; and
(2) by striking out "$1,000,000,000" and all that follows
through the end and inserting in lieu thereof "$250,000,000.".
(b) Effective on October 1, 1986, section 50t>)(2) of the Act is Effective date.
amended by striking out "$250,000,000" and inserting in lieu thereof
"$100,000,000".
STOCKPILE REPORT
SEC. 904. Not later than January 31, 1985, the President shall President of us.
submit to Congress a report respecting the National Defense Stock-
pile. The report shall include—
(1) a plan for attaining the goals of the stockpile specified in
section 3(b)(2) of the Act over a three-year period;
98 STAT. 2574 PUBLIC LAW 98-525—OCT. 19, 1984
(2) an analysis as to the appropriateness of placing all aspects
of the management and operation of the stockpile under a
single authority, such as the Secretary of Defense;
(3) an analysis of the adequacy of existing legal authority to
barter surplus and excess material of the Government and
excess real property of the Department of Defense for strategic
and critical materials for the stockpile;
(4) an analysis of why existing barter authority has not been
used more aggressively in procuring strategic and critical mate-
rials to meet stockpile goals; and
(5) a draft of such legislation as may be required to carry out
any recommendations respecting such plans and analyses.
DEPOSIT OF FUNDS ACCRUING FROM NAVAL PETROLEUM RESERVES
50 use 98h note. SEC. 905. There shall be deposited into the National Defense
Stockpile Transaction Fund established under section 9 of the Act
(50 U.S.C. 98h) 30 percent of all money accruing to the United States
during fiscal year 1985 from lands in the naval petroleum and oil
shale reserves (less amounts spent for exploration, development and
operation of those reserves and related expenses during that period).
Moneys deposited into the Fund under this subsection shall be
deemed to have been covered into the Fund under section 9(b) of the
Act.
TITLE X—MATTERS RELATING TO NATO AND OTHER
ALLIES
SENSE OF CONGRESS RELATING TO INCREASE IN DEFENSE SPENDING BY
UNITED STATES ALLIES
22 use 1928 SEC. 1001. It is the sense of Congress that the President—
not®- (1) should call on the pertinent member nations of the North
Atlantic Treaty Organization to meet or exceed their pledges for
an annual increase in defense spending during fiscal years 1984
and 1985 of at least 3 percent real growth; and
Japan. (2) should Call on Japan to further increase its defense spend-
ing during fiscal years 1984 and 1985;
in furtherance of increased unity, equitable sharing of the common
defense burden, and international stability.
IMPROVEMENTS TO NATO CONVENTIONAL CAPABILITY
22 use 1928 SEC. 1002. (a) The Congress finds-
note. (1) that the North Atlantic Treaty Organization (NATO)
should improve its conventional defense capability so as to
lengthen the period of time that Western Europe can be de-
fended by conventional forces without the necessity of resorting
to the early use of nuclear weapons in the event of a non-
nuclear attack on any NATO member country;
(2) that fulfillment by NATO member nations of their goals
and commitments to increase defense spending, improve con-
ventional sustainability, and provide support facilities in West-
ern Europe for rapid reinforcements from the United States is
crucial to accomplishing that objective; and
(3) that an increase over current United States military per-
sonnel levels in European member nations of NATO can be
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2575
justified only if these goals and commitments are substantially
met by NATO member nations (other than the United States),
(b) The Congress urges the President and the Secretary of Defense Congress.
to continue to encourage member nations of NATO (other than the
United States) to work expeditiously to fulfill the following commit-
ments they have undertaken:
(1) To achieve and maintain an annual increase in their
defense spending of at least 3 percent, after inflation.
(2) To acquire a 30-day supply of air and ground munitions
among those NATO members which have committed forces to
the Northern, Center, and Southern Regions.
(3) To construct the number of minimum essential and
emergency operating facilities and semihardened aircraft shel-
ters in Western Europe required by NATO Ministerial
Guidance to support, under NATO/SHAPE standards, as a
minimum, the annual commitment of United States reinforcing
tactical aircraft.
(c)(1) After September 30, 1985, none of the funds appropriated Prohibition.
pursuant to an authorization contained in this Act or any other Act
enacted after the date of the enactment of this Act may be used to
support an end strength level of members of the Armed Forces of
the United States assigned to permanent duty ashore in European
member nations of NATO at any level exceeding a permanent
ceiling of 326,414.
(2) If the Secretary of Defense certifies to the Congress in writing
during any fiscal year after fiscal year 1985 that during the previous
fiscal year the member nations of NATO (other than the United
States) have undertaken significant measures to improve their con-
ventional defense capacity consistent with the goals set forth in
subsection (b) which contributes to lengthening the time period
between an armed attack on any NATO country and the time the
Supreme Allied Commander, Europe, would have to request the
release and use of nuclear weapons, the Congress would give strong
consideration to authorizing an increase in the permanent ceiling
prescribed in paragraph (1) for fiscal years after such fiscal year.
(d)(1) Not later than April 1, 1985, and each year thereafter, the Report.
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
status, as of January 1 of the year in which the report is submitted,
of the following matters:
(A) The number of days of supply of the ground and aerial
munitions in hand or on order of the member nations of NATO
(other than the United States) which have committed forces to
the Northern, Center, and Southern Regions.
(B) The number of facilities and semihardened aircraft shel-
ters completed or under construction as they relate to the
United States commitment of reinforcing aircraft in the United
States Defense Planning Questionnaire (DPQ) Response of the
previous year.
(2)(A) Beginning with the budget submitted to Congress for fiscal Report,
year 1986, but not later than April 1,1985, and each year thereafter,
the Secretary of Defense shall submit to Congress a report on the
status and cost of the United States commitment to NATO as
reflected in the DPQ Response and in the defense budget request.
The report shall be an annual update of the Department of Defense
Report entitled "United States Expenditures in Support of NATO",
first submitted to the Congress in June 1984 pursuant to section
98 STAT. 2576 PUBLIC LAW 98-525—OCT. 19, 1984
1107 of the Department of Defense Authorization Act, 1984 (Public
Law 98-94; 97 Stat. 677). In addition to the information required by
that section, each such report shall include information which
specifically identifies those items in the Secretary of Defense's
procurement budget request that are in support of United States
forces committed to or earmarked for NATO.
(B) In addition to the requirements of subparagraph (A), the
Secretary of Defense shall include in the report an assessment of the
performance of the members of NATO (other than the United
States) in the following areas:
(i) Allied contributions to the common defense.
(ii) Improvement in sustainability and support for United
States reinforcing tactical aircraft.
(iii) Meeting NATO force goals.
(iv) Increasing NATO infrastructure funding.
(v) Improvements in air base defenses.
(vi) Increasing trained manpower levels, particularly reserves.
(vii) Increasing war reserve material.
(viii) Improving NATO's ability to neutralize enemy follow-on
forces, including use of emerging technologies.
(ix) Improvements in mine/counter mine capability.
(x) Improvements in offensive counter air capability.
(C) The requirement under clause (i) of subparagraph (B) is satis-
fied in any year by the submission of the report required by section
Infra. 1003(c) for that year.
(e)(1) The Congress finds that a viable "two-way street" of defense
procurement improves NATO interoperability and therefore is im-
portant to overall improvements in conventional defense.
(2) In addition to any funds appropriated pursuant to the authori-
zation contained in this Act for the activities of the Director of
Operational Test and Evaluation, Defense, the Director may use an
additional amount, not to exceed $50,000,000, to acquire certain
types of weapons, subsystems, and munitions of European NATO
manufacture for side-by-side testing with comparable United States
manufactured items. Such additional amount shall be derived from
any funds appropriated pursuant to an authorization contained in
this Act. Items that may be acquired under this paragraph include
submunitions and dispensers, anti-tank and anti-armor guided mis-
siles, mines, runway-cratering devices, torpedoes, mortar systems,
light armored vehicles, and high-velocity anti-tank guns.
Prohibition. (f)(1) This section shall not apply in the event of a declaration of
war or an armed attack on any NATO member country.
Waiver. (2) This section may be waived by the President if he declares an
emergency and immediately informs the Congress of his action and
the reasons therefor.
REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE
International SEC. 1003. (a) In recognition of the increasing military threat faced
agreements. by the Western World and in view of the growth, relative to the
Japan. United States, in the economic strength of Japan, Canada, and a
22 u s e 1928
note. number of Western European countries which has occurred since
63 Stat. 2241. the signing of the North Atlantic Treaty on April 4, 1949, and the
Mutual Cooperation and Security Treaty between Japan and the
11 UST 1632. United States on January 19, 1960, it is the sense of the Congress
that—
(1) the burdens of mutual defense now assumed by some of the
countries allied with the United States under those agreements
are not commensurate with their economic resources;
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2577
(2) since May 1978, when each member nation of the North
Atlantic Treaty Organization (NATO) agreed to increase real
defense spending annually in the range of 3 percent, most
NATO members, except for the United States, have failed to
meet the 3 percent real growth commitment consistently;
(3) since May 1981, when the Government of Japan estab-
lished its policy to defend the air and sea lines of communica-
tion out to 1,000 nautical miles from the coast of Japan,
progress to develop the necessary self-defense capabilities to
fulfill that pledge has been extremely disappointing;
(4) Japan is the ally of the United States with the greatest
potential for improving its self-defense capabilities and should,
therefore, rapidly increase its annual defense spending to the
levels required to fulfill that pledge and to enable Japan to be
capable of an effective conventional self-defense capability by
1990, including the capability to carry out its 1,000-mile defense
policy, a development that would be consonant not only with
Japan's current prominent position in the family of nations but
also with its unique sensibilities on the issues of war and peace,
sensibilities that are recognized and respected by the people of
the United States; and
(5) the continued unwillingness of such countries to increase
their contributions to the common defense to more appropriate
levels will endanger the vitality, effectiveness, and cohesion of
the alliances between those countries and the United States.
(b) It is further the sense of the Congress that the President President of U.S.
should seek from each signatory country (other than the United
States) of the two treaties referred to in subsection (a) acceptance of
international security responsibilities and an agreement to make
contributions to the common defense which are commensurate with
the economic resources of such country, including, when appropri-
ate, an increase in host nation support.
(c) The Secretary of Defense shall submit to the Congress each Report.
year, not later than March 1, a classified report containing—
(1) a comparison of the fair and equitable shares of the
mutual defense burdens of these alliances that should be borne
by the United States, by other member nations of NATO, and
by Japan, based upon economic strength and other relevant
factors, and the actual defense efforts of each nation together
with an explanation of disparities that currently exist and their
impact on mutual defense efforts;
(2) a description of efforts by the United States and the efforts
of other members of the alliances to eliminate any existing
disparities;
(3) projected estimates of the real growth in defense spending
for the fiscal year in which the report is submitted for each
NATO member nation;
(4) a description of the defense-related initiatives undertaken
by each NATO member nation within the real growth in de-
fense spending of such nation in the fiscal year immediately
preceding the fiscal year in which the report is submitted;
(5) an explanation of those instances in which the commit-
ments to real growth in defense spending have not been realized
and a description of efforts being made by the United States to
ensure fulfillment of these important NATO commitments;
(6) a description of the activities of each NATO member and
Japan to enhance the security and stability of the Southwest
98 STAT. 2578 PUBLIC LAW 98-525—OCT. 19, 1984
Asia region and to assume additional missions for their own
defense as the United States allocates additional resources to
the mission of protecting Western interests in world areas not
covered by the system of Western Alliances; and
(7) a description of what additional actions the executive
branch plans to take should the efforts by the United States
referred to in clauses (2) and (5) fail, and, in those instances
where such additional actions do not include consideration of
the repositioning of American troops, a detailed explanation as
to why such repositioning is not being so considered.
Report. (d) The Secretary of Defense shall also submit to the Congress not
Confidentiality. more than 30 days after the submission of the report required under
subsection (a) an unclassified report containing the matters set forth
in clauses (1) through (7) of such subsection.
NATO SEASPARROW COOPERATIVE PROGRAM
SEC. 1004. The Secretary of the Navy is authorized to continue
participation, in accordance with current operating procedures, in
the North Atlantic Treaty Organization SEASPARROW Surface
Missile System Cooperative Consortium, as described in the Memo-
randum of Understanding between the United States, Denmark,
Norway, Italy, the Netherlands, Belgium, Canada, Greece, and Fed-
eral Republic of Germany, signed by the United States on June 6,
1968, and the Memorandum of Understanding between the same
29 UST 1103. countries, signed by the United States on May 20,1977.
PROCUREMENT OF COMMUNICATIONS SUPPORT AND RELATED SUPPUES
AND SERVICES
SEC. 1005. (a) Chapter 141 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
International "§ 2401a. Procurement of communications support and related
agreements. supplies and services
10 u s e 2401a.
"(a) As an alternative means of obtaining communications sup-
port and related supplies and services, the Secretary of Defense,
subject to the approval of the Secretary of State, may enter into an
arrangement with the Minister of Defense or other appropriate
official of any allied country or with the North Atlantic Treaty
Organization (NATO), under which, in return for being provided
communications support and related supplies and services, the
United States would agree to provide to such country or NATO an
equivalent value of communications support and related supplies
and services.
"(b) Any arrangement entered into under this section shall re-
quire that any accrued credits and liabilities resulting from an
unequal exchange of communications support and related supplies
and services during the term of such arrangement would be liqui-
dated by direct payment to the party having provided the greater
amount of communications support and related supplies and serv-
ices. Payments received by the United States shall be credited to the
appropriation from which such communications support and related
supplies and services have been provided.
Records. "(c) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
copies of all documents evidencing an arrangement entered into
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2579
under subsection (a) not later than 45 days after entering into such
an arrangement.
"(d) In this section, 'allied country' means—
"(1) a country that is a member of the North Atlantic Treaty
Organization, or
(2) Australia, New Zealand, Japan, or the Republic of
Korea.",
(b) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"2401a. Procurement of communications support and related supplies and services.".
POUCY ON ARMAMENTS COOPERATION WITH NATO MEMBER COUNTRIES
SEC. 1006. Not later than May 1, 1985, the Secretary of Defense Report.
shall transmit to Congress a report setting forth a comprehensive
proposal by which the United States and other North Atlantic
TVeaty Organization member countries may achieve the objectives
described in section 11220)) of the Department of Defense Authoriza-
tion Act, 1983 (Public Law 97-252; 96 Stat. 755). 22 u s e 1928
note.
AXJTHORITY OF SECRETARY OF DEFENSE IN CONNECTION WITH COOPERA-
TIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE
SEC. 1007. (a) During fiscal year 1985, the Secretary of Defense Federal Republic
may carry out the European air defense agreements. In carrying out of Germany.
those agreements during that year, the Secretary—
(1) may provide without monetary charge to the Federal
Republic of Germany articles and services as specified in the
agreements; and
(2) may accept from the Federal Republic of Grermany (in
return for the articles and services provided under paragraph
(D) articles and services as specified in the agreements.
(b) In connection with the administration of the European air Waiver.
defense agreements during fiscal year 1985, the Secretary of Defense
may—
(1) waive any surcharge for administrative services otherwise
chargeable under section 21(eXlXA) of the Arms Export Control
Act (22 U.S.C. 2761(eXlXA));
(2) waive any charge not otherwise waived for services associ-
ated with contract administration for the sale under the Arms
Export Control Act of Patriot air defense missile fire units to 22 u s e 2751
the Federal Republic of Germany contemplated in the note.
Eigreements;
(3) use, to the extent contemplated in the agreements, the
NATO Maintenance and Supply Agency (A) for the supply of
logistic support in Europe for the Patriot missile system, and (B)
for the acquisition of such logistic support, to the extent that
the Secretary determines that the procedures of that agency
governing such supply and acquisition are appropriate;
(4) share, to the extent contemplated in the agreements, the
costs of set-up charges of facilities for use by that agency to
perform depot-level support of Patriot missile fire units in
Europe; and
(5) deliver to the Federal Republic of Germany one Patriot
missile fire unit configured for training, to be purchased by the
Federal Republic of Germany under the Arms Export Control
Act as contemplated in the agreements, without regard to the
98 STAT. 2580 PUBLIC LAW 98-525—OCT. 19, 1984
requirement in section 22 of that Act (22 U.S.C. 2762) for
payment in advance of delivery for any purchase under that
Act.
(c) Notwithstanding the rate required to be charged under section
22 use 2761. 21 of the Arms Export Control Act for services furnished by the
United States, in the case of the 14 Patriot missile fire units which
the Federal Republic of Germany purchases from the United States
under that Act as contemplated in the European air defense agree-
ments, the rate charged by the Secretary of Defense for packing,
crating, handling, and transportation services associated with that
purchase may not exceed the established Department of Defense
rate for such services.
International (d) For the purposes of this section, the term "European air
agreements. defense agreements" means (1) the agreement entitled "Agreement
between the Secretary of Defense of the United States of America
and the Minister of Defense of the Federal Republic of Germany on
Cooperative Measures for Enhancing Air Defense for Central
Europe", signed on December 6,1983, and (2) the agreement entitled
"Agreement between the Secretary of Defense of the United States
of America and the Federal Minister of Defense of the Federal
Republic of Germany in implementation of the 6 December 1983
Agreement on Cooperative Measures for Enhancing Air Defense for
Central Europe", signed on July 12,1984.
Contracts. (e) The authority of the Secretary of Defense to enter into con-
tracts under the European air defense agreements is available only
to the extent that appropriated funds are otherwise available for
that purpose.
TITLE XI—MATTERS RELATING TO ARMS CONTROL
REPORT ON STRATEGIC NUCLEAR SUBMARINE FORCE
SEC. 1101. Not later than April 1, 1985, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the survivability of the United
States strategic nuclear ballistic missile submarine force. The report
shall address whether there are grounds for adjusting, in short or
long-range terms, strategic force plans of the United States based on
any vulnerability or potential vulnerability of such force. The report
shall also examine the feasibility and desirability of enhancing the
survivability of such force through measures that would affect
antisubmarine warfare, including the nature of the patrols and the
rules of engagement of attack submarines and the nature of the
patrols and the rules of engagement of ballistic missile submarines.
ANNUAL REPORT ON STRATEGIC DEFENSE PROGRAMS
10 use 139 note. SEC. 1102. At the time of the submission by the Secretary of
Defense to the Congress of his annual budget presentation materials
for each fiscal year beginning with fiscal year 1986 and ending with
fiscal year 1990 (but not later than March 15 of the calendar year in
which such fiscal year begins), the Secretary of Defense shall trans-
mit to the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Armed Services and the Committee on Foreign Relations of the
Senate a report on the programs that constitute the Strategic
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2581
Defense Initiative and other programs, if any, relating to defense
against strategic ballistic missiles. Each such report shall include—
(1) details of all programs and projects included in the Strate-
gic Defense Initiative or relating to defense against strategic
ballistic missiles;
(2) a clear definition of the objectives of the Strategic Defense
Initiative;
(3) an explanation of the relationship between each such
objective and each program and project associated with the
Strategic Defense Initiative or defense against strategic ballistic
missiles;
(4) the status of consultations with other member nations of
the North Atlantic Treaty Organization, Japan, and other ap-
propriate allies concerning research being conducted in the
Strategic Defense Initiative program;
(5) a statement of any anticipated impact on the anti-ballistic
missile treaty;
(6) consideration of a process by which Congress could review
Soviet countermeasures to specific Strategic Defense Initiative
programs and evaluate the adequacy of such programs to re-
spond to such countermeasures;
(7) details on the funding of programs, projects, and tasks for
the Strategic Defense Initiative, including—
(A) prior and current year funding levels for all such
programs, projects, and tasks in the Strategic Defense Initi-
ative budgetary presentation materials;
(B) the amount requested to be appropriated for such
programs, projects, and tasks for the fiscal year for which
the budget is submitted; and
(C) the amount programmed to be requested for the
following fiscal year.
REPORT ON THEATER NUCLEAR WEAPONS AND FORCE STRUCTURE
SEC. 1103. Not later than January 19, 1985, the President shall President of U.S.
submit to Congress a report setting forth reasons why the United
States should or should not initiate a long-term program for the
renovation of the North Atlantic Treaty Organization (NATO) nu-
clear deterrent in a manner designed to reduce pressures for early
first use of tactical nuclear weapons and to substantially reduce the
theater nuclear arsenal to types and numbers of weapons whose
characteristics make for a more stable and credible force. The report
(in addition to any other matter covered) should specifically address
the following issues:
(1) Whether NATO should not eliminate its reliance on short-
range battlefield nuclear weapons (such as the atomic demoli-
tion bomb and 155-millimeter and 8-inch nuclear artillery
rounds), the exposure of which to early loss from enemy action
promotes pressures for early use.
(2) Whether NATO should not refurbish its nuclear deterrent
by designing and deploying specific dedicated nuclear launchers
of a range which permits the coverage of all potential targets
from locations in the rear of the European NATO territory in
the territory of the Warsaw Pact short of the territory of the 49 Stat. 3000.
Soviet Union, thereby reducing pressure from enemy action for
early first use of nuclear weapons.
98 STAT. 2582 PUBLIC LAW 98-525—OCT. 19, 1984
(3) Whether NATO should not, as a consequence of a change
in poHcy described in paragraph (2), eliminate its inventory of
dual-capable nuclear/conventional weapons in order to allow
early use of artillery, aircraft, and surface-to-surface missiles
for conventional missions rather than causing them to be with-
held for possible nuclear use.
(4) Whether NATO should not place control and operation of
tactical nuclear weapons in a single specialized command estab-
lished for that purpose so that all other NATO force elements
could be free to concentrate on pursuing conventional military
missions with maximum efficiency.
REPORT ON WITHDRAWAL OF TACTICAL NUCLEAR WARHEADS FROM
EUROPE
President of U.S. SEC. 1104. The President shall submit a report to Congress not
later than 90 days after the final decision is made (based upon the
recommendations of the Supreme Allied Commander, Europe) re-
garding the net reduction to be made by the United States in the
number of tactical nuclear warheads in the territory of North
Atlantic Treaty Organization European member nations pursuant
to the decision of the Nuclear Planning Group of the North Atlantic
Treaty Organization of October 17,1983. The report shall—
(1) specify the types of warheads to be withdrawn in accord-
ance with that decision, the number of each such warhead to be
withdrawn, the schedule for the withdrawal, and the rationale
for the selection of the particular warheads to be withdrawn;
and
(2) any changes in force structure to be made resulting from
the changes in the tactical nuclear warheads positioned in
Europe.
REPORT ON UNITED STATES COUNTERFORCE CAPABIUTY
President of U.S. SEC. 1105. (a) Not later than April 15, 1985, the President shall
submit to Congress a report discussing the required strategic couh-
terforce capability consistent with existing United States policy.
Intercontinental (b) The report under subsection (a) shall be developed taking into
ballistic missiles. consideration current and proposed United States intercontinental
ballistic missiles having an accuracy on the order of the MX missile
(including specifically the MX missile, the D-5 Trident missile, and
the small single-warhead missile) intended to be procured for United
States strategic force modernization and the rationale for the over-
all counterforce capability that would be attained as a cumulative
result of those procurements. The President shall include in the
report a specific definition of what United States counterforce capa-
bility would constitute a so-called "first-strike capability" against
the Soviet Union.
(c) The report shall also include an assessment of corresponding
Soviet counterforce and first-strike capabilities.
TRANSMITTAL TO CONGRESS OF REPORT ON SOVIET COMPLIANCE WITH
ARMS CONTROL AGREEMENTS
President of U.S. SEC. 1106. (a) Not later than 30 days after the date of the enact-
ment of this Act, the President shall transmit to Congress the text of
the report by the General Advisory Committee on Arms Control of
the Arms Control and Disarmament Agency entitled "A Quarter
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2583
Century of Soviet Compliance Practices Under Arms Control Com-
mitments: 1958-1983 (U)", dated November 1983. If the President Public
determines that that report contains material the release of which information.
Confidentiality.
to Congress would compromise United States intelligence sources,
methods of intelligence gathering, or the national security of the
United States, the President may furnish the text of such report
after deleting or modifying such compromising material.
(b) Not later than 60 days after the date of the enactment of this President of U.S.
Act, the President shall transmit to Congress an unclassified version
of the report described in subsection (a).
REPORT ON NUCLEAR WINTER FINDINGS AND POLICY IMPLICATIONS
SEC. 1107. (a) The Secretary of Defense shall participate in any Study.
comprehensive study of the atmospheric, climatic, environmental,
and biological consequences of nuclear war and the implications
that such consequences have for the nuclear weapons strategy and
policy, the arms control policy, and the civil defense policy of the
United States.
(b) Not later than March 1, 1985, the Secretary of Defense shall Public
submit to the Committees on Armed Services of the Senate and information.
Confidentiality.
House of Representatives an unclassified report suitable for release
to the public, together with classified addenda (if required), concern-
ing the subject described in subsection (a). The Secretary shall
include in such report the following:
(1) A detailed review and assessment of the current scientific
studies and findings on the atmospheric, climatic, environmen-
tal, and biological consequences of nuclear explosions and
nuclear exchanges.
(2) A thorough evaluation of the implications that such stud-
ies and findings have on (A) the nuclear weapons policy of the
United States, especially with regard to strategy, targeting,
planning, command, control, procurement, and deployment, (B)
the nuclear arms control policy of the United States, and (C) the
civil defense policy of the United States.
(3) A discussion of the manner in which the results of such
evaluation of policy implications will be incorporated into the
nuclear weapons, arms control, and civil defense policies of the
United States.
(4) An analysis of the extent to which current scientific
findings on the consequences of nuclear explosions are being
studied, disseminated, and used in the Soviet Union.
SENSE OF THE CONGRESS RELATING TO THE ESTABLISHMENT OF
NUCLEAR RISK REDUCTION CENTERS IN THE UNITED STATES AND THE
SOVIET UNION
SEC. 1108. (a) The Congress makes the following findings:
(1) An increasing number of scenarios (including misjudg-
ment, miscalculation, misunderstanding, possession of nuclear
arms by a terrorist group or a State sponsored threat) could
precipitate a sudden increase in tensions and the risk of a
nuclear confrontation between the United States and the
Soviet Union, situations that neither side anticipates, intends,
or desires.
98 STAT. 2584 PUBLIC LAW 98-525—OCT. 19, 1984
(2) There has been a steady proliferation throughout the
world of the knowledge, equipment, and materials necessary to
fabricate nuclear weapons.
(3) Such proliferation of nuclear capabilities suggests an in-
creasing potential for nuclear terrorism, the cumulative risk of
which, considering potential terrorist groups and other threats
over a period of years into the future, may be great.
(4) Current communications links represent equipment of the
1960's and as such are relatively outdated and Umited in their
capabilities.
President of U.S. (5) The President, responding to congressional initiatives,
Communications proposed the establishment of additional and improved commu-
and
telecommunica- nications links between the United States and the Soviet Union
tions. and other measures to reduce the risk of nuclear confrontation,
and has initiated discussions at a working level with the Soviet
Union pertaining to—
(A) the addition of a high speed facsimile capability to the
direct communication link (hotline);
(B) the creation of a joint military communications link
between the Department of Defense and the Soviet Defense
Ministry; and
(C) the establishment by the Governments of the United
States and Soviet Union of high-rate data communication
links between each nation and its embassy in the other
nation's capital.
(6) The establishment of nuclear risk reduction centers in
Washington and Moscow could reduce the risk of increased
tensions and nuclear confrontations, thereby enhancing the
security of both the United States and the Soviet Union.
(7) These centers could serve a variety of functions,
including—
(A) discussing procedures to be followed in the event of
possible incidents involving the use of nuclear weapons by
third parties;
(B) maintaining close contact during nuclear threats or
incidents precipitated by third parties;
(C) exchanging information on a voluntary basis concern-
ing events that might lead to the acquisition of nuclear
weapons, materials, or equipment by subnational groups;
(D) exchanging information about United States-Union of
Soviet Socialist Republics military activities which might
be misunderstood by the other party during periods of
mounting tensions; and
(E) establishing a dialog about nuclear doctrines, forces,
and activities.
(8) The continuing and routine implementation of these vari-
ous activities could be facilitated by the establishment within
each Grovernment of facilities, organizations, and bureaucratic
relationships designated for these purposes, such as risk reduc-
tion centers, and by the appointment of individuals responsible
to the respective head of state with responsibilities to manage
such centers.
(b) The Congress—
(1) commends the President for his announced support for the
confidence building measures described in subsection (a) and his
initiation of negotiations which have occurred; and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2585
(2) urges the President to pursue negotiations on these meas-
ures with the Government of the Soviet Union and to add to
these negotiations the estabUshment of nuclear risk reduction
centers in both nations to be operated under the direction of the
appropriate diplomatic and defense authorities.
SENSE OF CONGRESS REGARDING A REPORT TO CONGRESS ON CERTAIN
VERIFICATION PROGRAMS RELATING TO BIOLOGICAL AND CHEMICAL
WEAPONS
SEC. 1109. (a) The Congress makes the following findings:
(1) The Iran-Iraq war has recently demonstrated a marked Iran-Iraq war.
increase in the proliferation of technology on the production of
chemical weapons and an increase in the willingness of nations
to use such weapons in armed conflict.
(2) The President's Report to Congress on Soviet Arms Control President of U.S.
Noncompliance concluded that the Soviet Union has refused to
respond adequately to United States concerns about the trans-
fer or use by the Soviet Union of lethal chemical warfare agents
in Laos, Kampuchea, and Afghanistan and United States con-
cerns about adherence by the Soviet Union to the 1972 Biologi-
cal and Toxin Weapons Convention.
(3) Experts at the recent annual meeting of the American
Association for the Advancement of Science and at the First
World Congress on New Compounds in Biological and Chemical
Warfare held at Ghent, Belgium, emphasized that better verifi-
cation of the use of chemical weapons and of the development of
biological and toxin weapons was essential to strengthen the
1972 Biological and Toxin Weapons Convention and the Geneva 26 UST 583.
Protocol of 1925. 26 UST 571.
(4) The 1972 Biological and Toxin Weapons Convention is
scheduled for review in 1985.
(5) The United States is anxious to promote and strengthen
adherence to the Geneva Protocol of 1925 and the 1972 Biologi-
cal and Chemical Weapons Convention and is vigorously pursu-
ing a comprehensive, verifiable, international agreement to ban
chemical weapons.
(6) Any comprehensive agreement intended to ban the produc-
tion, storage, and transfer of chemical weapons must provide for
effective measures of verification and enforcement and in order
for the 1972 Biological and Toxin Weapons Convention to be
effective, compliance with the terms of the convention must be
verifiable; and
(7) The Congress must be well informed regarding existing
and planned programs for verifying compliance with the 1972
Biological and Toxin Weapons Convention and with a chemical
weapons ban agreement.
(b) It is the sense of Congress that the President should submit to
the Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and to the Committee on Foreign Affairs
and the Permanent Select Committee on Intelligence of the House
of Representatives a comprehensive report identifying and
evaluating—
(1) existing and planned programs to support verification
requirements necessary to determine compliance with the 1972
Biological and Toxin Weapons Convention and a chemical
weapons ban; and
98 STAT. 2586 PUBLIC LAW 98-525—OCT. 19, 1984
(2) the budget resources necessary to support verification
requirements necessary to determine compliance with the 1972
26 UST 583. Biological and Toxin Weapons Convention and a chemical
weapons ban.
(c) The President is requested to submit the report referred to in
subsection (b) to the committees referred to in such subsection not
later than December 31,1984.
SENSE OF CONGRESS EXPRESSING SUPPORT FOR UNITED STATES TO
PURSUE OUTSTANDING ARMS CONTROL COMPLIANCE
SEC. 1110. (a) The Congress makes the following findings:
(I) It is a vital security objective of the United States to limit
the Soviet nuclear threat against the United States and its
allies.
President of U.S. (2) The President has declared that "as for existing strategic
arms agreements, we will refrain from actions which undercut
them so long as the Soviet Union shows equal restraint".
(3) The United States has legitimate concerns about certain
Soviet actions and behavior relevant to limitations and other
provisions of existing strategic arms agreements.
President of U.S. (4) The President has declared that "the United States will
continue to press compliance issues with the Soviet Union
through diplomatic channels, and to insist upon explanations,
clarifications, and corrective actions".
(5) The President has also declared that "the United States is
continuing to carry out its obligations under relevant
agreements".
(6) It would be detrimental to the security interests of the
United States and its allies and to international peace and
stability for the last remaining limitations on strategic offensive
nuclear weapons to break down or lapse before replacement by
a new strategic arms control agreement between the United
States and the Soviet Union.
(7) The continuation of existing restraints on strategic offen-
sive nuclear arms would provide an atmosphere more conducive
to achieving an agreement significantly reducing the levels of
nuclear arms.
(8) The Soviet Union has not agreed to a date for resumption
of the nuclear arms talks in Geneva, and it is incumbent on the
Soviet Union to return to the negotiating table.
(9) A termination of existing restraints on strategic offensive
nuclear weapons could make the resumption of negotiations
more difficult.
(10) Both sides have, to date, abided by important numerical
and other limits contained in existing strategic offensive arms
agreements, including dismantling operational missile-firing
submarines and remaining within the ceilings on multiple-
warhead missile launchers and other related limits.
(II) It is in the interest of the United States and its allies for
the Soviet Union to continue to dismantle older missile-firing
submarines as new ones are deployed and to continue to remain
at or below a level of 820 launchers of intercontinental ballistic
missiles with multiple independently targeted reentry vehicles,
1,200 launchers of intercontinental ballistic missiles with multi-
ple independently targeted reentry vehicles and submarine
launched ballistic missiles, and 1,320 launchers of interconti-
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2587
nental ballistic missiles with multiple independently targeted
reentry vehicles and submarine launched ballistic missiles and
heavy bombers equipped with air launched cruise missiles,
and other related limits in existing strategic offensive arms
agreements,
(b) In view of these findings, it is the sense of Congress that—
(1) the United States should vigorously pursue with the Soviet
Union the resolution of concerns over compliance with existing
strategic and other arms control agreements and should seek
corrective actions, where appropriate, through the Standing
Consultative Commission and other available diplomatic
channels;
(2) the United States should, through December 31, 1985,
continue to pursue its stated policy to refrain from undercutting
the provisions of existing strategic offensive arms agreements so
long as the Soviet Union refrains from undercutting the provi-
sions of those agreements, or until a new strategic offensive
arms agreement is concluded;
(3) the President should provide a report to the Congress in President of U.S:
both classified and unclassified forms reflecting additional find- Report.
ings regarding Soviet adherence to such a no-undercut policy, Confidentiality.
by February 15,1985;
(4) the President shall provide to Congress on or before President of U.S.
June 1,1985, a report that— Report.
(A) describes the implications of the United States Ship
Alaska's sea trials, both with and without the concurrent
dismantling of older launchers of missiles with multiple
independently targeted reentry vehicles, for the current
United States no-undercut policy on strategic arms and
United States security interests more generally;
(B) assesses possible Soviet political, military, and negoti-
ating responses to the termination of the United States
no-undercut policy;
(C) reviews and assesses Soviet activities with respect to
existing strategic offensive arms agreements; and
(D) makes recommendations regarding the future of
United States interim restraint policy; and
(5) the President should carefully consider the impact of any
change to this current policy regarding existing strategic offen-
sive arms agreements on the long-term security interests of the
United States and its allies and should consult with the Con-
gress before making any change in current policy.
POLICY ON THE STATUS OF CERTAIN TREATIES TO PREVENT NUCLEAR
TESTING
SEC. 1111. (a) The Senate makes the following findings:
(1) The United States is committed in the Limited Test Ban
Treaty of 1963 and in the Non-Proliferation Treaty of 1968 to 14 UST 1313.
seek to achieve the discontinuance of all test explosions of 21 UST 483.
nuclear weapons for all time.
(2) A comprehensive test ban treaty would promote the
security of the United States by constraining the United States-
Soviet nuclear arms competition and by strengthening efforts to
prevent the proliferation of nuclear weapons.
(3) The Threshold Test Ban Treaty was signed in 1974 and the
Peaceful Nuclear Explosions Treaty was signed in 1976, and
98 STAT. 2588 PUBLIC LAW 98-525—OCT. 19, 1984
both have yet to be considered by the full Senate for its advice
and consent to ratification.
(4) The entry into force of the Peaceful Nuclear Explosions
Treaty and the Threshold Test Ban Treaty will ensure full
implementation of significant new verification procedures and
so make completion of a comprehensive test ban treaty more
probable.
(5) A comprehensive test ban treaty must be adequately
verifiable, and significant progress has been made in methods
for detection of underground nuclear explosions by seismologi-
cal and other means.
(6) At present, negotiations are not being pursued by the
United States and the Soviet Union toward completion of a
comprehensive test ban treaty.
(7) The past five administrations have supported the achieve-
ment of a comprehensive test ban treaty.
President of U.S. (b) It is the sense of the Senate that at the earliest possible date,
Report. the President should—
(1) request advice and consent of the Senate to ratification
(with a report containing any plans the President may have to
negotiate supplemental verification procedures, or if the Presi-
dent believes it necessary, any understanding or reservation on
the subject of verification which should be attached to the
treaty) of the Threshold Test Ban and Peaceful Nuclear Explo-
sions Treaties, signed in 1974 and 1976, respectively; and
(2) propose to the Soviet Union the immediate resumption of
negotiations toward conclusion of a verifiable comprehensive
test ban treaty.
(c) In accordance with international law, the United States shall
have no obligation to comply with any bilateral arms control agree-
ment with the Soviet Union that the Soviet Union is violating.
Defense TITLE XII—PROCUREMENT POLICY REFORM AND OTHER
Procurement PROCUREMENT MATTERS
Reform Act of
1984.
PART A—SHORT TITLE AND CONGRESSIONAL FINDINGS
SHORT TITLE
10 use 2301 SEC. 1201. This title may be cited as the "Defense Procurement
note. Reform Act of 1984".
CONGRESSIONAL FINDINGS AND POLICY
Contracts. SEC. 1202. The Congress finds that recent disclosures of excessive
10 u s e 2301 payments by the Department of Defense for replenishment parts
note.
have undermined confidence by the public and Congress in the
defense procurement system. The Secretary of Defense should make
every effort to reform procurement practices relating to replenish-
ment parts. Such efforts should, among other matters, be directed to
the elimination of excessive pricing of replenishment spare parts
and the recovery of unjustified payments. Specifically, the Secretary
should—
(1) direct that officials in the Department of Defense refuse to
enter into contracts unless the proposed prices are fair and
reasonable;
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2589
(2) continue and accelerate ongoing efforts to improve defense
contracting procedures in order to encourage effective competi-
tion and assure fair and reasonable prices;
(3) direct that replenishment parts be acquired in economic
order quantities and on a multiyear basis whenever feasible,
practicable, and cost effective;
(4) direct that standard or commercial parts be used whenever
such use is technically acceptable and cost effective;
(5) vigorously continue reexamination of policies relating to
acquisition, pricing, and management of replenishment parts
and of technical data related to such parts; and
(6) ensure that persons that have developed products or proc-
esses offered or to be offered for sale to the public are not
required, as a condition for the procurement of such products or
processes by the Department of Defense, to provide to the
United States technical data relating to the design, develop-
ment, or manufacture of such products or processes (except for
such data as may be necessary for the United States to operate
and maintain the product or use the process if obtained by the
United States as an element of performance under the
contract).
PART B—AMENDMENTS TO CHAPTER 137 OF TITLE 10, UNITED STATES
CODE
DEFINITIONS
SEC. 1211. Section 2302 of title 10, United States Code, is amended
by adding at the end thereof the following new paragraphs:
"(4) 'Technical data' means recorded information (regardless
of the form or method of the recording) of a scientific or
technical nature (including computer software documentation)
relating to supplies procured by an agency. Such term does not
include computer software or financial, administrative, cost or
pricing, or management data or other information incidental to
contract administration.
"(5) 'Major system' means a combination of elements that will
function together to produce the capabilities required to fulfill a
mission need. The elements may include hardware, equipment,
software or any combination thereof, but excludes construction
or other improvements to real property. A system shall be
considered a major system if (A) the Department of Defense is
responsible for the system and the total expenditures for re-
search, development, test, and evaluation for the system are
estimated to be more than $75,000,000 (based on fiscal year 1980
constant dollars) or the eventual total expenditure for procure-
ment of more than $300,000,000 (based on fiscal year 1980
constant dollars); (B) a civilian agency is responsible for the
system and total expenditures for the system are estimated to
exceed $750,000 (based on fiscal year 1980 constant dollars) or
the dollar threshold for a 'major system' established by the
agency pursuant to Office of Management and Budget (0MB)
Circular A-109, entitled 'Major Systems Acquisitions', which-
ever is greater; or (C) the system is designated a 'major system'
by the head of the agency responsible for the system.".
98 STAT. 2590 PUBLIC LAW 98-525—OCT. 19, 1984
PUBLICATION OF PROPOSED REGULATIONS
SEC. 1212. (a) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2303 the following new section:
Effective date. *'§ 2303a. Publication of proposed regulations
Federal
Register, "(a) Except as provided in subsection (d), a procurement policy,
publication. regulation, procedure, or form (including amendments or modifica-
Post, p. 3077. tion thereto) that (1) has a significant effect beyond the internal
10 u s e 2303a.
operating procedures of the agency issuing the procurement policy,
regulation, procedure, or form, or (2) has a significant cost or
administrative impact on contractors or offerors may not take effect
until 30 days after the procurement policy, regulation, procedure, or
form is published for public comment in the Federal Register pursu-
ant to subsection (b).
"Ob) Subject to subsection (c), the head of the agency shall cause to
be published in the Federal Register a notice of the proposed
procurement policy, regulation, procedure, or form and provide for a
public comment period for receiving and considering the views of all
interested parties on such proposal. The length of such comment
period may not be less than 30 days.
"(c) Any notice of a proposed procurement policy, regulation,
procedure, or form prepared for publication in the Federal Register
shall include—
"(1) in a format required for publication in the Federal Regis-
ter, the text of the proposal or, if it is impracticable to publish
the full text of the proposal, a summary of the proposal and a
statement specifying the nemie and address of the officer or
employee of the executive agency from whom the full text may
be obtained; and
"(2) a request for interested parties to submit comments on
the proposal and shall include the name and address of the
officer or employee of the Government designated to receive
such comments.
"(d)(1) The requirements of subsections (a) and Ot)) may be waived
by the officer of the agency authorized to issue a procurement
policy, regulation, procedure, or form if circumstances make compli-
ance with such requirements impracticable.
"(2) A procurement policy, regulation, procedure, or form with
respect to which the requirements of subsections (a) and (b) are waived
under paragraph (1) shall be effective on a temporary basis if—
"(A) a notice of such procurement policy, regulation, proce-
dure, or form is published in the Federal Register and includes
a statement that the procurement policy, regulation, procedure,
or form is temporary; and
"(B) provision is made for a public comment period of 30 days
beginning on the date on which the notice is published.
After considering the comments received, the head of the agency
waiving the requirements of subsections (a) and (b) under paragraph
(1) may issue the final procurement policy, regulation, procedure, or
form.".
Effective date. (b) The amendment made by subsection (a) shall take effect with
10 u s e 2303a respect to procurement policies, regulations, procedures, or forms
note.
first proposed to be issued by an agency on or after the date which is
30 days after the date of enactment of this Act.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2591
PLANNING FOR PROCUREMENT OF SUPPLIES AND FOR FUTURE
COMPETITION
SEC. 1213. (a) Section 2305 of title 10, United States Code, is Contracts,
amended by adding at the end thereof the following new
subsections:
"(c) The Secretary of Defense shall ensure that before a contract
for the delivery of supplies to the Department of Defense is entered
into—
"(1) when the appropriate officials of the Department are
making an assessment of the most advantageous source for
acquisition of the supplies (considering quality, price, delivery,
and other factors), there is a review of the availability and cost
of each item of supply—
"(A) through the supply system of the Department of
Defense; and
"(B) under standard Government supply contracts, if the
item is in a category of supplies defined under regulations
of the Secretary of Defense as being potentially available
under a standard Government supply contract; and
"(2) there is a review of both the procurement history of the
item and a description of the item, including, when necessary
for an adequate description of the item, a picture, drawing,
diagram, or other graphic representation of the item.
"(d)(lXA) The Secretary of Defense shall ensure that, in preparing
a solicitation for the award of a development contract for a major
system, the head of an agency consider requiring in the solicitation
that an offeror include in its offer proposals described in subpara-
graph (B). In determining whether to require such proposals, the
head of the agency shall give due consideration to the purposes for
which the system is being procured and the technology necessary to
meet the system's required capabilities. If such proposals are re-
quired, the head of the agency shall consider them in evaluating the
offeror's price.
"(B) The proposals that the head of an agency is to consider
requiring in a solicitation for the award of a development contract
are the following:
"(i) Proposals to incorporate in the design of the major system
items which are currently available within the supply system of
the Federal agency responsible for the major system, available
elsewhere in the national supply system, or commercially avail-
able from more than one source.
"(ii) With respect to items that are likely to be required in
substantial quantities during the system's service life, proposals
to incorporate in the design of the major system items which
the United States will be able to acquire competitively in the
future.
"(2)(A) The Secretary of Defense shall ensure that, in preparing a
solicitation for the award of a production contract for a major
system, the head of an agency consider requiring in the solicitation
that an offeror include in its offer proposals described in subpara-
graph (B). In determining whether to require such proposals, the
head of the agency shall give due consideration to the purposes for
which the system is being procured and the technology necessary to
meet the system's required capabilities. If such proposals are re-
quired, the head of the agency shall consider them in evaluating the
offeror's price.
98 STAT. 2592 PUBLIC LAW 98-525—OCT. 19, 1984
"(B) The proposals that the head of an agency is to consider
requiring in a solicitation for the award of a production contract are
proposals identifying opportunities to ensure that the United States
will be able to obtain on a competitive basis items procured in
connection with the system that are likely to be reprocured in
substantial quantities during the service life of the system. Pro-
posals submitted in response to such requirement may include the
following:
"(i) Proposals to provide to the United States the right to use
technical data to be provided under the contract for competitive
reprocurement of the item, together with the cost to the United
States, if any, of acquiring such technical data and the right to
use such data.
"(ii) Proposals for the qualification or development of multi-
ple sources of supply for the item.
"(3) If the head of an agency is making a noncompetitive award of
a development contract or a production contract for a major system,
the factors specified in paragraphs (1) and (2) to be considered in
evaluating an offer for a contract may be considered as objectives in
negotiating the contract to be awarded.".
Effective date. (b) The amendment made by subsection (a) shall take effect at the
10 u s e 2305 end of the 180-day period beginning on the date of the enactment of
note.
this Act.
DELEGATION OF CERTAIN PROCUREMENT FUNCTIONS
Contracts. SEC. 1214. Soction 2311 of title 10, United States Code, is
Ante, p. 1194. amended—
(1) by inserting "(a)" before "Except as provided in"; and
(2) by adding at the end thereof the following new subsection:
"ObXD The head of a procuring activity of an agency named in
section 2303 of this title may delegate (subject to his direction) to
any general or flag officer, to any civilian officer or employee
serving in a position in grade GS-16 or above under the General
5 use 5332. Schedule (or in a comparable or higher position under another
schedule), or to the head of a contracting office any authority of the
head of the procuring activity to enter into a contract (or to approve
the authority to enter into a contract) that is a sole-source contract
or that results from an unsolicited proposal.
"(2) Any report required to be submitted by the head of an agency
to Congress concerning contracts (or negotiations for contracts)
above a certain dollar threshold that are sole-source contracts or
that result from unsolicited proposals and that are entered into
without the approval of certain officials of the procuring activity
concerned need not specify a contract or negotiation above the
stated amount if the head of the procuring activity, his deputy, or a
person to whom authority was delegated under paragraph (1) ap-
proved the authority to enter into the contract.".
PERSONNEL EVALUATIONS TO INCLUDE EMPHASIS ON COMPETITION AND
COST SAVINGS
SEC. 1215. Chapter 137 of title 10, United States Code, is amended
by adding at the end thereof the following new section:
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2593
"§ 2317. Encouragement of competition and cost savings 10 use 2317.
"The Secretary of Defense shall establish procedures to ensure
that personnel appraisal systems of the Department of Defense give
appropriate recognition to efforts to increase competition and
achieve cost savings in areas relating to contracts covered by this
chapter.".
IMPROVED PROCUREMENT PROCEDURES
SEC. 1216. (a) Chapter 137 of title 10, United States Code, is
amended by adding after section 2317 (as added by section 1215 of
this Act) the following new sections:
"§ 2318. Advocates for competition 10 use 2318.
"(a)(1) In addition to the advocates for competition established or
designated pursuant to section 20(a) of the Office of Federal Procure-
ment Policy Act, the Secretary of Defense shall designate an officer Ante, p. 1195.
or employee of the Defense Logistics Agency to serve as the advocate
for competition of the agency.
"(2) The advocate for competition of the Defense Logistics Agency
shall carry out the responsibilities and functions provided for in
sections 20(b) and 20(c) of the Office of Federal Procurement Policy
Act.
"(b) Each advocate for competition of an agency named in section
2303(a) of this title shall be a general or flag officer if a member of
the armed forces or a grade GS-16 or above under the General
Schedule (or in a comparable or higher position under another 5 USC 5332.
schedule), if a civilian employee and shall be designated to serve for a
minimum of two years.
"(c) Each advocate for competition of an agency of the Department Report,
of Defense shall transmit to the Secretary of Defense a report
describing his activities during the preceding year. The report of
each advocate for competition snail be included in the annual report
of the Secretary of Defense required by section 21 of the Office of
Federal Procurement Policy Act, in the form in which it w a s Ante, p. 1195.
submitted to the Secretary.
"§ 2319. Encouragement of new competitors Contracts.
10 USC 2319.
"(a) In this section, 'qualification requirement' means a require-
ment for testing or other quality assurance demonstration that must
be completed by an offeror before award of a contract.
"(b) Except as provided in subsection (c), the head of the agency
shall, before establishing a qualification requirement—
"(1) prepare a written justification stating the necessity for
establishing the qualification requirement and specify why the
qualification requirement must be demonstrated before contract
award;
"(2) specify in writing and make available to a potential
offeror upon request all requirements which a prospective of-
feror, or its product, must satisfy in order to become qualified,
such requirements to be limited to those least restrictive to
meet the purposes necessitating the establishment of the quali-
fication requirement;
"(3) specify an estimate of the costs of testing and evaluation
likely to be incurred by a potential offeror in order to become
qualified;
"(4) ensure that a potential offeror is provided, upon request
and on a reimbursable basis, a prompt opportunity to demon-
strate its ability to meet the standards specified for qualification
98 STAT. 2594 PUBLIC LAW 98-525—OCT. 19, 1984
using qualified personnel and facilities of the agency concerned
or of another agency obtained through interagency agreement,
or under contract, or other methods approved by the agency
(including use of approved testing and evaluation services not
provided under contract to the agency);
"(5) if testing and evaluation services are provided under
contract to the agency for the purposes of clause (4), provide to
the extent possible that such services be provided by a contrac-
tor who is not expected to benefit from an absence of
additional qualified sources and who shall be required in such
contract to adhere to any restriction on technical data asserted
by the potential offeror seeking qualification; and
"(6) ensure that a potential offeror seeking qualification is
promptly informed as to whether qualification is attained and,
in the event qualification is not attained, is promptly furnished
specific information why qualification was not attained.
"(c)(1) Subsection (b) of this section does not apply with respect to a
qualification requirement established by statute or administrative
action before the date of the enactment of the Defense Procurement
Ante, p. 2588. Reform Act of 1984 unless such requirement is a qualified products
list.
Waiver. "(2)(A) Except as provided in subparagraph (B), if it is unreasonable
to specify the standards for qualification which a prospective offeror
or its product must satisfy, a determination to that effect shall be
submitted to the advocate for competition of the procuring activity
responsible for the purchase of the item subject to the qualification
requirement. After considering any comments of the advocate for
competition reviewing such determination, the head of the purchas-
ing office may waive the requirements of clauses (2) through (6) of
subsection (b) for up to two years with respect to the item subject to
the qualification requirement.
"(B) The waiver authority provided in this paragraph does not
apply with respect to a qualified products list.
"(3) A potential offeror may not be denied the opportunity to
submit and have considered an offer for a contract solely because
the potential offeror (A) is not on a qualified bidders list, qualified
manufacturers list, or qualified prodiicts list, or (B) has not been
identified as meeting a qualification requirement established after
the date of the enactment of the Defense Procurement Reform Act of
1984 if the potential offeror can demonstrate to the satisfaction of
the contracting officer that the potential offeror or its product meets
the standards established for qualification or can meet such stand-
ards before the date specified for award of the contract.
"(4) Nothing contained in this subsection requires the referral of
an offer to the Small Business Administration pursuant to section
15 use 637. 8(b)(7) of the Small Business Act if the basis for the referral is a
challenge by the offeror to either the validity of the qualification
requirement or the offeror's compliance with such requirement.
"(5) The head of an agency need not delay a proposed procurement
in order to comply with subsection (b) or in order to provide a
potential offeror with an opportunity to demonstrate its ability to
meet the standards specified for qualification.
"(6) The requirements of subsection (b) also apply before enforce-
ment of any qualified products list, qualified manufacturers list, or
qualified bidders list.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2595
"(dXD If the number of qualified sources or qualified products
available to compete actively for an anticipated future requirement
is fewer than two actual manufacturers or the products of two
actual manufacturers, respectively, the head of the agency con-
cerned shall—
"(A) periodically publish notice in the Commerce Business
Daily soliciting additional sources or products to seek qualifica-
tion, unless the contracting officer determines that such publica-
tion would compromise national security; and
"(B) bear the cost of conducting the specified testing and
evaluation (excluding the costs associated with producing the
item or establishing the production, quality control, or other
system to be tested and evaluated) for a small business concern
or a product manufactured by a small business concern which
has met the standards specified for qualification and which
could reasonably be expected to compete for a contract for that
requirement, but such costs may be borne only if the head of the
agency determines that such additional qualified sources or
products are likely to result in cost savings from increased
competition for future requirements sufficient to amortize the
costs incurred by the agency within a reasonable period of time
considering the duration and dollar value of anticipated future
requirements.
"(2) The head of an agency shall require a prospective contractor
requesting the United States to bear testing and evaluation costs
under paragraph (IXB) to certify as to its status as a small business
concern under section 3 of the Small Business Act. 15 u s e 632.
"(e) Within seven years after the establishment of a qualification
requirement under subsection (b) or within seven years following an
agency's enforcement of a qualified products list, qualified manufac-
turers list, or qualified bidders list, any such qualification require-
ment shall be examined and revalidated in accordance with the
requirements of subsection (b). The preceding sentence does not
apply in the case of a qualification requirement for which a waiver
is in effect under subsection (cK2).
"(f) Except in an emergency as determined by the head of the
agency, whenever the head of the agency determines not to enforce
a qualification requirement for a solicitation, the agency may not
thereafter enforce that qualification requirement unless the agency
complies with the requirements of subsection (b).
"§ 2320. Rights in technical data Contracts.
"(a) The legitimate proprietary interest of the United States and Regulations.
10 u s e 2320.
of a contractor in technical or other data shall be defined in
regulations prescribed as part of the single system of Government-
wide procurement regulations as defined in section 4(4) of the Office
of Federal Procurement Policy Act. Such regulations may not Ante, p. 1195.
impair any right of the United States or of any contractor with Patents and
respect to patents or copyrights or any other right in technical data trademarks.
otherwise established by law. The following factors shall be consid- Copyrights.
ered in prescribing such regulations:
"(1) Whether the technical data was developed—
"(A) exclusively with Federal funds;
"(B) exclusively at private expense; or
"(C) in part with Federal funds and in part at private
expense.
98 STAT. 2596 PUBLIC LAW 98-525—OCT. 19, 1984
"(2) The statement of congressional policy and objectives in
35 use 200. section 200 of title 35, the statement of purposes in section 2(b)
of the Small Business Innovation Development Act of 1982
(Public Law 97-219; 15 U.S.C. 638 note), and the declaration of
policy in section 2 of the Small Business Act (15 U.S.C. 631).
"(3) The interest of the United States in increasing competi-
tion and lowering costs by developing and locating alternative
sources of supply and manufacture.
"(4) The policy set forth in section 1202(6) of the Defense
Ante, p. 2588. Procurement Reform Act of 1984.
"(b) Regulations prescribed under subsection (a) shall require that,
whenever practicable, a contract for supplies or services entered
10 use 2303. into by an agency named in section 2303 of this title contain
appropriate provisions relating to technical data, including
provisions—
"(1) defining the respective rights of the United States and
the contractor or subcontractor (at any tier) regarding any
technical data to be delivered under the contract;
"(2) specifying the technical data, if any, to be delivered under
the contract and delivery schedules for such delivery;
"(3) establishing or referencing procedures for determining
the acceptability of technical data to be delivered under the
contract;
"(4) establishing separate contract line items for the technical
data, if any, to be delivered under the contract;
"(5) to the maximum practicable extent, identifying, in ad-
vance of delivery, technical data which is to be delivered with
restrictions on the right of the United States to use such data;
"(6) requiring the contractor to revise any technical data
delivered under the contract to reflect engineering design
changes made during the performance of the contract and
affecting the form, fit, and function of the items specified in the
contract and to deliver such revised technical data to an agency
within a time specified in the contract;
"(7) requiring the contractor to furnish written assurance at
the time the technical data is delivered or is made available
that the technical data is complete and accurate and satisfies
the requirements of the contract concerning technical data;
"(8) establishing remedies to be available to the United States
when technical data required to be delivered or made available
under the contract is found to be incomplete or inadequate or to
not satisfy the requirements of the contract concerning techni-
cal data; and
"(9) authorizing the head of the agency to withhold payments
under the contract (or exercise such other remedies as the head
of the agency considers appropriate) during any period if the
contractor does not meet the requirements of the contract
pertaining to the delivery of technical data.
Ante, p. 2591. "(c) Nothing in this section or in section 2305(d) of this title
prohibits the Secretary of Defense from prescribing standards for
determining whether a contract entered into by the Department of
Defense shall provide for a time to be specified in the contract after
which the United States shall have the right to use (or have used)
for any purpose of the United States all technical data required to
be delivered to the United States under the contract or providing for
such a period of time (not to exceed 7 years) as a negotiation
objective.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2597
"(d) The Secretary of Defense shall by regulation establish pro- Business and
grams which provide domestic business concerns an opportunity to industry.
purchase or borrow replenishment parts from the United States for
the purpose of design replication or modification, to be used by such
concerns in the submission of subsequent offers to sell the same or
like parts to the United States. Nothing in this subsection limits the
authority of the head of an agency to impose restrictions on such a
program related to national security considerations, inventory needs
of the United States, the improbability of future purchases of the
same or like parts, or any additional restriction otherwise required
by law.
"§ 2321. Validation of proprietary data restrictions Contracts.
10 u s e 2321.
"(a) A contract for supplies or services entered into by the Depart-
ment of Defense which provides for the delivery of technical data
shall provide that—
"(1) a contractor or subcontractor at any tier shall be pre-
pared to furnish to the contracting officer a written justification
for any restriction asserted by the contractor or subcontractor
on the right of the United States to use such technical data; and
"(2) the contracting officer may review the validity of any
restriction asserted by the contractor or by a subcontractor
under the contract on the right of the United States to use
technical data furnished to the United States under the con-
tract if the contracting officer determines that reasonable
grounds exist to question the current validity of the asserted
restriction and that the continued adherence to the asserted
restriction by the United States would make it impracticable to
procure the item competitively at a later time.
"(b) If after such review the contracting officer determines that a
challenge to the asserted restriction is warranted, the contracting
officer shall provide written notice to the contractor or subcontrac-
tor asserting the restriction. Such notice shall—
"(1) state the grounds for challenging the asserted restriction;
and
"(2) require a response within 60 days justifying the current
validity of the asserted restriction.
"(c) If a contractor or subcontractor asserting a restriction subject
to this section submits to the contracting officer a written request,
showing the need for additional time to comply with the require-
ment to justify the current validity of the asserted restriction,
additional time to adequately permit the submission of such justifi-
cation shall be provided by the contracting officer as appropriate. If
a party asserting a restriction receives notices of challenges to
restrictions on technical data from more than one contracting offi-
cer, and notifies each contracting officer of the existence of more
than one challenge, the contracting officer initiating the first in
time challenge, after consultation with the party asserting the
restriction and the other contracting officers, shall formulate a
schedule of responses to each of the challenges that will afford the
party asserting the restriction with an equitable opportunity to
respond to each such challenge.
"(d)(1) Upon a failure by the contractor or subcontractor to submit
any response under subsection (b), the contracting officer shall issue
a decision pertaining to the validity of the asserted restriction.
"(2) After review of any justification submitted in response to the
notice provided pursuEint to subsection (b), the contracting officer
31-194 0 - 86 - QL.3 Parts
98 STAT. 2598 PUBLIC LAW 98-525—OCT. 19, 1984
shall, within 60 days of receipt of any justification submitted, issue a
decision or notify the party asserting the restriction of the time
within which a decision will be issued.
Claims. "(e) If a claim pertaining to the validity of the asserted restriction
is submitted in writing to a contracting officer by a contractor or
subcontractor at any tier, such claim shall be considered a claim
within the meaning of the Contract Disputes Act of 1978 (41 U.S.C.
601 et seq.).
"(f)(1) If, upon final disposition, the contracting officer's challenge
to the restriction on the right of the United States to use such
technical data is sustained—
"(A) the restriction on the right of the United States to use
the technical data shall be cancelled; and
"(B) if the asserted restriction is found not to be substantially
justified, the contractor or subcontractor, as appropriate, shall
be liable to the United States for payment of the cost to the
United States of reviewing the asserted restriction and the fees
and other expenses (as defined in section 2412(d)(2)(A) of title 28)
incurred by the United States in challenging the asserted
restriction, unless special circumstances would make such pay-
ment unjust.
"(2) If, upon final disposition, the contracting officer's challenge to
the restriction on the right of the United States to use such techni-
cal data is not sustained—
"(A) the United States shall continue to be bound by the
restriction; and
"(B) the United States shall be liable for payment to the party
asserting the restriction for fees and other expenses (as defined
in section 2412(d)(2)(A) of title 28) incurred by the party assert-
ing the restriction in defending the asserted restriction if the
challenge by the United States is found not to be made in good
faith.
10 u s e 2322. "§ 2322. Limitation on small business set-asides
"(a) The head of an agency may not authorize a procurement to be
set-aside for participation only by small business concerns in the
case of a procurement under the Foreign Military Sales Program, if
the foreign purchaser specifies the sources qualified to meet the
requirement and only one of those sources is a small business
concern.
Expiration date. "(b) This section expires two years after the effective date of this
section.
10 u s e 2323. "§ 2323. Commercial pricing for supplies
"(a) Except in the case of an offer submitted with a written
statement under subsection (b)(2) and except as provided in subsec-
tion (c), a contract entered into using other than competitive proce-
dures by an agency named in section 2303(a) of this title for the
purchase of items that are offered for sale to the public may not
result in a price to the United States that exceeds the lowest price at
which such items are sold by the contractor to the public.
"(b) A person who submits an offer to such an agency for the
supply of items that it offers for sale to the public (1) shall certify in
the offer that the price offered is not more than its lowest commer-
cial price for the items, or (2) shall submit with the offer a written
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2599
statement specifying the amount of the difference between its lowest
commercial price for the items and the price offered and providing a
justification for that difference.
"(c) Subsections (a) and (b) do not apply to a contract if the
contracting officer determines that the use of the price otherwise
required by subsection (a) for such contract is not appropriate
because of—
"(1) national security considerations; or
"(2) differences in quantities, quality, delivery, or other terms
and conditions of the contract from commercial contract
terms.".
(b) Within 60 days after the date the regulations required by
section 2320(a) of title 10, United States Code (as added by subsection
(a)), are prescribed, the Secretary of Defense, the Administrator of Ante, p. 2593.
General Services, and the Administrator of the National Aeronau-
tics and Space Administration shall submit to Congress a joint
report describing in detail how those regulations give consideration
to the factors specified for consideration in that subsection.
(c)(1) Section 2318 of title 10, United States Code (as added by Effective dates.
subsection (a)), shall take effect on April 1,1985. lo use 2318
(2) Sections 2319, 2320, and 2321 of title 10, United States Code (as ^S use 2319
added by subsection (a)), shall apply with respect to solicitations note.
issued after the end of the one-year period beginning on the date of
the enactment of this Act.
(3) Section 2322 of title 10, United States Code (as added by lo use 2322
subsection (a)), shall take effect at the end of the 90-day period ^°^-
beginning on the date of the enactment of this Act.
(4) Section 2323 of title 10, United States Code (as added by lo use 2323
subsection (a)), shall take effect at the end of the 180-day period note,
beginning on the date of the enactment of this Act.
CLERICAL AMENDMENTS
SEC. 1217. The table of sections at the beginning of chapter 137 of
title 10, United States Code, is amended—
(1) by inserting after the item relating to section 2303 the
following new item:
"2303a. Publication of proposed regulations."; and
(2) by adding at the end thereof the following new items:
"2317. Encouragement of competition and cost savings.
"2318. Advocates for competition.
"2319. Encouragement of new competition.
"2320. Rights in technical data.
"2321. Validation of proprietary data restrictions.
"2322. Limitation on small business set-asides.
"2323. eommercial pricing for supplies.".
PART C—AMENDMENTS TO CHAPTER 141 OF TITLE 10, UNITED STATES
CODE
IDENTIFICATION OF SOURCES OF SUPPLIES
SEC. 1231. (a) Section 2384 of title 10, United States Code, is
amended to read as follows:
98 STAT. 2600 PUBLIC LAW 98-525—OCT. 19, 1984
Contracts "§ 2384. Supplies: identincation of supplier and sources
"(a) The Secretary of Defense shall require that the contractor
under a contract with the Department of Defense for the furnishing
of supplies to the United States shall mark or otherwise identify
supplies furnished under the contract with the identity of the
contractor, the national stock number for the supplies furnished (if
there is such a number), and the contractor's identification number
for the supplies.
Regulations. "(b) The Secretary of Defense shall prescribe regulations requiring
that, whenever practicable, each contract requiring the delivery of
supplies shall require that the contractor identify—
"(1) the actual manufacturer or producer of the item or of all
sources of supply of the contractor for that item;
"(2) the national stock number of the item (if there is such a
number) and the identification number of the actual manufac-
turer or producer of the item or of each source of supply of the
contractor for the item; and
"(3) the source of any technical data delivered under the
contract.
"(c) Identification of supplies and technical data under this section
shall be made in the manner and with respect to the supplies
prescribed by the Secretary of Defense.".
Effective date. (b) The amendment made by subsection (a) shall take effect at the
10 u s e 2384 end of the one-year period beginning on the date of the enactment of
note.
this Act.
REVISION OF LONG-TERM LEASE OR CHARTER AUTHORITY
97 Stat. 679. SEC. 1232. (a)(1) Subsection (c) of section 2401 of title 10, United
States Code, is amended—
(A) by inserting "(1)" after "(c)";
(B) by redesignating clauses (1) and (2) as clauses (A) and (B),
respectively; and
(C) by adding at the end thereof the following new paragraph:
"(2) Funds appropriated to the Department of Defense pursuant to
an authorization contained in the Department of Defense Authoriza-
97 Stat. 614. tion Act, 1984 (Public Law 98-94), or in any other law enacted after
September 24, 1983, may not be used to indemnify any person under
the terms of a contract entered into under this section—
"(A) for any amount paid or due by any person to the United
States for any liability arising under the Internal Revenue Code
26 u s e 1 et seq. of 1954; or
"(B) to pay any attorneys' fees in connection with such
contract.".
10 u s e 2401 (2) Subsection (f) of such section is amended by striking out the
note. second sentence. The guidelines required to be issued under that
subsection shall be issued not later than October 31,1984.
(b) Section 1202(c)(1) of the Department of Defense Authorization
Act, 1984 (Public Law 98-94; 97 Stat. 681), is amended by striking
out "fiscal year 1985," and inserting in lieu thereof "each of fiscal
years 1985,1986, and 1987,".
ECONOMIC ORDER QUANTITIES
SEC. 1233. (a) Chapter 141 of title 10, United States Code, is
amended by inserting after section 2384 the following new section:
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2601
"§ 2384a. Supplies: economic order quantities lo use 2384a.
"(a)(1) An agency referred to in section 2303(a) of this title shall
procure supplies in such quantity as (A) will result in the total cost
and unit cost most advantageous to the United States, where practi-
cable, and (B) does not exceed the quantity reasonably expected to be
required by the agency.
"(2) The Secretary of Defense shall take paragraph (1) into ac-
count in approving rates of obligation of appropriations under sec-
tion 2204 of this title.
"(b) Each solicitation for a contract for supplies shall, if practica-
ble, include a provision inviting each offeror responding to the
solicitation to state an opinion on whether the quantity of the
supplies proposed to be procured is economically advant^eous to
the United States and, if applicable, to recommend a quantity or
quantities which would be more economically advantageous to the
United States. Each such recommendation shall include a quotation
of the total price and the unit price for supplies procured in each
recommended quantity.".
(b) The amendment made by subsection (a) shall take effect at the Effective date.
end of the 180-day period beginning on the date of the enactment of lo use 2384a
this Act. "°*«-
ADDITIONAL MISCELLANEOUS PROCUREMENT PROVISIONS
SEC. 1234. (a) Chapter 141 of title 10, United States Code, as
amended by section 1005, is amended by adding at the end thereof
the following new sections:
"§2402. Prohibition of contractors limiting subcontractor sales lo use 2402.
directly to the United States
"(a) Each contract for the purchase of supplies or services made by
the Department of Defense shall provide that the contractor will
not—
"(1) enter into any agreement with a subcontractor under the
contract that has the effect of unreasonably restricting sales by
the subcontractor directly to the United States of any item or
process (including computer software) made or furnished by the
subcontractor under the contract (or any follow-on production
contract); or
"(2) otherwise act to restrict unreasonably the ability of a
subcontractor to make sales to the United States described in
clause (1).
"Oi)) This section does not prohibit a contractor from asserting
rights it otherwise has under law.
"§ 2403. Major weapon systems: contractor guarantees lo use 2403.
"(a) In this section:
"(1) 'Weapon system' means items that can be used directly
by the armed forces to carry out combat missions and that cost
more than $100,000 or for which the eventual total procurement
cost is more than $10,000,000. Such term does not include
commercial items sold in substantial quantities to the general
public.
"(2) 'Prime contractor' means a party that enters into an
agreement directly with the United States to furnish part or all
of a weapon system.
98 STAT. 2602 PUBLIC LAW 98-525—OCT. 19, 1984
"(3) 'Design and manufacturing requirements' means struc-
tural and engineering plans and manufacturing particulars,
including precise measurements, tolerances, materials, and fin-
ished product tests for the weapon system being produced.
"(4) 'Essential performance requirements', with respect to a
weapon system, means the operating capabilities or mainte-
nance and reliability characteristics of the system that are
determined by the Secretary of Defense to be necessary for the
system to fulfill the military requirement for which the system
is designed.
"(5) 'Component' means any constituent element of a weapon
system.
"(6) 'Mature full-scale production' means the manufacture of
all units of a weapon system after the manufacture of the first
one-tenth of the eventual total production or the initial produc-
tion quantity of such system, whichever is less.
"(7) 'Initial production quantity' means the number of units of
a weapon system contracted for in the first year of full-scale
production.
"(8) 'Head of an agency' has the meaning given that term in
Ante, p. 2589. section 2302 of this title.
"(b) Except as otherwise provided in this section, the head of an
agency may not after January 1, 1985, enter into a contract for the
production of a weapon system unless each prime contractor for the
system provides the United States with written guarantees that—
"(1) the item provided under the contract will conform to the
design and manufacturing requirements specifically delineated
in the production contract (or in any amendment to that
contract);
"(2) the item provided under the contract, at the time it is
delivered to the United States, will be free from all defects in
materials and workmanship;
"(3) the item provided under the contract will conform to the
essential performance requirements of the item as specifically
delineated in the production contract (or in any amendment to
that contract); and
"(4) if the item provided under the contract fails to meet the
guarantee specified in clause (1), (2), or (3), the contractor will at
the election of the Secretary of Defense or as otherwise provided
in the contract—
"(A) promptly take such corrective action as may be
necessary to correct the failure at no additional cost to the
United States; or
"(B) pay costs reasonably incurred by the United States
in taking such corrective action.
Prohibition. "(c) The head of the agency concerned may not require guarantees
under subsection (b) from a prime contractor for a weapon system,
or for a component of a weapon system, that is furnished by the
United States to the contractor.
Waiver. "(d) Subject to subsection (e)(1), the Secretary of Defense may
waive part or all of subsection (b) in the case of a weapon system, or
component of a weapon system, if the Secretary determines—
"(1) that the waiver is necessary in the interest of national
defense; or
"(2) that a guarantee under that subsection would not be cost-
effective.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2603
The Secretary may not delegate authority under this subsection to Prohibition.
any person who holds a position below the level of Assistant Secre-
tary of Defense or Assistant Secretary of a military department.
"(e)(1) Before making a waiver under subsection (d) with respect to
a weapon system that is a major defense acquisition program for the
purpose of section 139a of this title, the Secretary of Defense shall lo USC I39a.
notify the Committees on Armed Services and on Appropriations of
the Senate and House of Representatives in writing of his intention
to waive any or all of the requirements of subsection (b) with respect
to that system and shall include in the notice an explanation of the
reasons for the waiver.
"(2) Not later than February 1 of each year, the Secretary of Report.
Defense shall submit to the committees specified in paragraph (1) a
report identifying each waiver made under subsection (d) during the
preceding calendar year for a weapon system that is not a major
defense acquisition program for the purpose of section 139a of this
title and shall include in the report an explanation of the reasons
for the waivers.
"(f) The requirement for a guarantee under subsection (b)(3)
applies only in the case of a contract for a weapon system that is in
mature full-scale production. However, nothing in this section pro-
hibits the head of the agency concerned from negotiating a guaran-
tee similar to the guarantee described in that subsection for a
weapon system not yet in mature full-scale production. When a
contract for a weapon system not yet in mature full-scale production
is not to include the full guarantee described in subsection (b)(3), the
Secretary shall comply with the notice requirements of subsec-
tion (e).
"(g) Nothing in this section prohibits the head of the agency
concerned from—
"(1) negotiating the specific details of a guarantee, including
reasonable exclusions, limitations and time duration, so long as
the negotiated guarantee is consistent with the general require-
ments of this section;
"(2) requiring that components of a weapon system furnished
by the United States to a contractor be properly installed so as
not to invalidate any warranty or guarantee provided by the
manufacturer of such component to the United States;
"(3) reducing the price of any contract for a weapon system or
other defense equipment to take account of any payment due
from a contractor pursuant to subclause (B) of subsection (b)(4);
"(4) in the case of a dual source procurement, exempting from
the requirements of subsection (b)(3) an amount of production
by the second source contractor equivalent to the first one-tenth
of the eventual total production by the second source contractor;
and
"(5) usmg written guarantees to a greater extent than
required by this section, including guarantees that exceed those
in clauses (1), (2), and (3) of subsection (b) and guarantees that
provide more comprehensive remedies than the remedies speci-
fied under clause (4) of that subsection.
"(h)(1) The Secretary of Defense shall prescribe such regulations Regulations.
as may be necessary to carry out this section.
"(2) This section does not apply to the Coast Guard or to the
National Aeronautics and Space Administration.
98 STAT. 2604 PUBLIC LAW 98-525—OCT. 19, 1984
10 use 2404. "§2404. Acquisition of petroleum: authority to waive contract
procedures
"(a) The Secretary of Defense may, for any purchase of petroleum,
waive the appHcation of any provision of law prescribing procedures
to be followed in the formation of contracts, prescribing terms and
conditions to be included in contracts, or regulating the performance
of contracts if the Secretary determines—
"(1) that petroleum market conditions have adversely affected
(or will in the near future adversely affect) the acquisition of
petroleum by the Department of Defense; and
"(2) the waiver will expedite or facilitate the acquisition of
petroleum for Government needs.
"(b) A waiver under subsection (a) may be made with respect to a
particular contract or with respect to classes of contracts. Such a
waiver that is applicable to a contract for the purchase of petroleum
may also be made applicable to a subcontract under that contract.
"(c) The Secretary of Defense may acquire petroleum by exchange
of petroleum or petroleum derivatives.
"(d) The Secretary of Defense shall notify the Congress within 10
days of the date on which any waiver is made under this section and
of the reasons for the necessity of exercising such waiver.
"(e) In this section, 'petroleum' means natural or synthetic crude,
blends of natural or synthetic crude, and products refined or derived
from natural or synthetic crude or from such blends.
10 use 2405. "§ 2405. Limitation on adjustment of shipbuilding contracts
"(a) The Secretary of a military department may not adjust any
price under a shipbuilding contract entered into after December 7,
1983, for an amount set forth in a claim, request for equitable
adjustment, or demand for payment under the contract (or incurred
due to the preparation, submission, or adjudication of any such
claim, request, or demand) arising out of events occurring more than
18 months before the submission of the claim, request, or demand.
"Ot>) For the purposes of subsection (a), a claim, request, or demand
shall be considered to have been submitted only when the contractor
has provided the certification required by section 6(c)(1) of the
Contract Disputes Act of 1978 (41 U.S.C. 605(c)(1)) and the support-
ing data for the claim, request, or demand.".
Effective dates. Ot))(l) Effective on January 1, 1985, section 794 of the Department
Repeals. of Defense Appropriation Act, 1984 (Public Law 98-212; 97 Stat.
10 use 2304 1454), is repealed.
10 use 2304 (2) Effective on the date of the enactment of this Act, section 787
note. of the Department of Defense Appropriation Act, 1984 (Public Law
98-212; 97 Stat. 1453), is repealed.
10 use 2402 (c) Section 2402 of title 10, United States Code (as added by
note. subsection (a)), shall take effect at the end of the 180-day period
beginning on the date of the enactment of this Act.
CLERICAL AMENDMENTS
SEC. 1235. The table of sections at the beginning of chapter 141 of
title 10, United States Code, is amended—
(1) by striking out the item relating to section 2384 and
inserting in lieu thereof the following:
"2384. Supplies: identification of supplier and sources.
"2384a. Supplies: economic order quantities."; and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2605
(2) by adding at the end thereof the following new item:
"2402. Prohibition of contractors limiting subcontractor sales directly to the United
States.
"2403. Major weapon systems: contractor guarantees.
"2404. Acquisition of petroleum: authority to waive contract procedures.
"2405. Limitation on adjustment of shipbuilding contracts.".
PART D—OTHER PROCUREMENT PROVISIONS
COOPERATIVE AGREEMENTS FOR PROCUREMENT TECHNICAL ASSISTANCE
SEC. 1241. (a)(1) Title 10, United States Code, is amended by
inserting after chapter 141 the following new chapter:
"CHAPTER 142—PROCUREMENT TECHNICAL AS-
SISTANCE COOPERATIVE AGREEMENT PRO-
GRAM
"Sec.
"2411. Definitions.
"2412. Purposes.
"2413. Cooperative agreements.
"2414. Limitation.
"2415. Distribution.
"2416. Regulations.
"§ 2411. Definitions 10 use 2411.
"In this chapter:
"(1) 'Eligible entity' means a State (as defined in section
6302(5) of title 31), a local government (as defined in section
6302(2) of that title), or a private, nonprofit organization that
enters into a cooperative agreement with the Secretary under
this chapter to furnish procurement technical assistance to
business entities and to defray at least one-half of the costs of
furnishing such assistance.
"(2) 'Secretary' means the Secretary of Defense acting
through the Director of the Defense Logistics Agency.
"§ 2412. Purposes 10 USC 2412.
"The purposes of the program authorized by this chapter are—
"(1) to increase Department of Defense assistance for eligiWe
entities furnishing procurement technical assistance to business
entities; and
"(2) to assist eligible entities in the payment of the costs of
establishing and carrying out new procurement technical assist-
ance programs and maintaining existing procurement technical
assistance programs.
"§ 2413. Cooperative agreements 10 use 2413.
"(a) The Secretary may, in accordance with the provisions of this
chapter, enter into cooperative agreements with eligible entities to
carry out the purposes of this chapter.
"(b) In entering into cooperative agreements under subsection (a),
the Secretary shall assure that at least one procurement technical
assistance program is carried out in each Department of Defense
contract administration services region during each fiscal year.
98 STAT. 2606 PUBLIC LAW 98-525—OCT. 19, 1984
10 use 2414. "§ 2414. Limitation
"The value of the assistance furnished by the Department of
Defense to any eligible entity to carry out a procurement technical
assistance program pursuant to a cooperative agreement under this
chapter during any fiscal year may not exceed $150,000.
10 use 2415. "§ 2415. Distribution
"(a)(1) During a fiscal year specified in paragraph (2), the Secre-
tary shall reserve the applicable percentage prescribed in paragraph
(2), out of funds appropriated to carry out this chapter in such fiscal
year, for the purpose of furnishing assistance pursuant to coopera-
Ante, p. 2605. tive agreements entered into under section 2413 of this title with
eligible entities which have carried out a procurement technical
assistance program before such fiscal year. The Secretary may use
the remainder of such funds during such fiscal year for the purpose
of furnishing assistance pursuant to cooperative agreements entered
into under such section with eligible entities which have not carried
out a procurement technical assistance program before such fiscal
year.
"(2) For the purposes of paragraph (1), the applicable percentage
during fiscal year 1985 is 50 percent and during fiscal year 1986 is 75
percent.
"(b) During any fiscal year after fiscal year 1986, the Secretary
shall allocate assistance under this chapter in accordance with such
cooperative agreements as the Secretary enters into pursuant to
section 2413 of this title.
10 use 2416. "§ 2416. Regulations
"The Secretary of Defense shall prescribe regulations to carry out
this chapter.".
(2) The table of chapters at the beginning of subtitle A of such title
and at the beginning of part IV of such subtitle are each amended
by inserting after the item relating to chapter 141 the following new
item:
"142. Procurement Technical Assistance Cooperative Agreement Program 2411".
Appropriation (b)(1) There are authorized to be appropriated $2,000,000 for fiscal
authorizations, year 1985 to be available for the purpose of furnishing assistance to
carry out procurement technical assistance programs pursuant to
cooperative agreements under chapter 142 of title 10, United States
Ante, p. 2605. Code (as added by subsection (a)).
(2) There are authorized to be appropriated for fiscal year 1985
such additional sums as are necessary to defray the expenses of
administering the provisions of such chapter during such fiscal year,
including the expenses related to the employment of any additional
personnel necessary to administer such provisions.
REVISION OF REQUIREMENTS FOR SELECTED ACQUISITION REPORTS AND
UNIT COST REPORTS
SEC. 1242. (a) Section 139a of title 10, United States Code, is
amended—
(1) in subsection (a)(3)—
(A) by striking out "procurement funds appropriated"
and inserting in lieu thereof "funds programed to be avail-
able for obligation for procurement"; and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2607
(B) by striking out "of funds appropriated" and inserting
in lieu thereof "of funds programed to be available for
obligation";
(2) by inserting "and that is in excess of $2,000,000" after
"dollar amount" in subsection (aX4);
(3) in subsection (bX2), by striking out "there has been no"
and all that follows and inserting in lieu thereof "during the
period since that report there has been—
"(A) less than a 5 percent change in total program cost;
and
"(B) less than a three-month delay in any program sched-
ule milestone shown in the Selected Acquisition Report.";
(4) in subsection (f)—
(A) by striking out "30" the first place it appears and
inserting in lieu thereof "60";
(B) by striking out "30" the second place it appears and
inserting in lieu thereof "45"; and
(C) by striking out the second sentence and inserting in Report.
lieu thereof the following: "A preliminary report shall be
submitted for each annual Selected Acquisition Report
within 30 days of the date on which the President submits
the Budget to Congress."; and
(5) by adding at the end thereof the following new subsection:
"(g) The requirements of this section with respect to a major Expiration date.
defense acquisition program shall cease to apply after 90 percent of
the items to be delivered to the United States under the program
(shown as the total quantity of items to be purchased under the
program in the most recent Selected Acquisition Report) have been
delivered or 90 percent of planned expenditures under the program
have been made.".
03)(1) Subsection (a) of section 139b of title 10, United States Reports.
Code, is amended by adding at the end thereof the following new
paragraph:
"(4) 'Baseline 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—
"(A) the most recent unit cost report submitted under
subsection (e)(2)(B)(ii) with respect to the program, if that
report was submitted for the second, third, or fourth quar-
ter of the preceding fiscal year;
"(B) if no report was submitted under subsection
(e)(2)(B)(ii) with respect to the program during that three-
quarter period, the most recent unit cost report submitted
under subsection (e)(1) with respect to the program, if that
report was submitted during that three-quarter period; and
"(C) if no report was submitted with respect to the pro-
gram under subsection (e)(1) or (e)(2)(B)(ii) during that
three-quarter period, the baseline Selected Acquisition
Report.".
(2) Subsection (b) of such section is amended—
(A) by striking out "not more than 7 days";
(B) by inserting after the first sentence the following new
sentence: "Each report for the first quarter of a fiscal year shall
be submitted not more than 7 days after the date on which the
President transmits the Budget to Congress for the following
fiscal year, and each report for other quarters shall be submit-
ted not more than 7 days after the end of that quarter."; and
98 STAT. 2608 PUBLIC LAW 98-525—OCT. 19, 1984
(C) by striking out "baseline Selected Acquisition Report" in
paragraph (3) and inserting in lieu thereof "Baseline Report".
(3) Clauses (A) and (B) of subsection (c)(1) of such section are
amended by striking out "baseline Selected Acquisition Report" and
inserting in lieu thereof "Baseline Report".
(4)(A) Paragraphs (1) and (2) of subsection (d) of such section are
amended by striking out "baseline Selected Acquisition Report" and
inserting in lieu thereof "Baseline Report".
(B) Paragraph (3)(B) of such subsection is amended—
(i) by striking out "additional funds may not be obligated in
connection with such program" and inserting in lieu thereof
"funds appropriated for military construction, for research,
development, test, and evaluation, and for procurement may
not be obligated for a major contract under the program"; and
(ii) by striking out "but less than 25 percent" in subclause (i).
(5) Subsection (e) of such section is amended—
(A) in paragraph (1)—
(i) by striking out "subsection (d)(3)(B)" and inserting in
lieu thereof "subsection (d)(3)(B)(i)"; and
(ii) by inserting "more than" before "15 percent";
(B) in paragraph (2)—
(i) by striking out "subsection (d)(3)(B)" and inserting in
lieu thereof "subsection (d)(3)(B)(ii)";
(ii) by inserting "more than" before "25 percent";
(iii) by inserting in clause (A) "and the Secretary con-
cerned submits to Congress, before the end of the 30-day
period referred to in subsection (d)(3)(B)(i), a report contain-
ing the information described in subsection (g)" after "ac-
quisition program"; and
(iv) by striking out "such subsection" in clause (B) and
inserting in lieu thereof "subsection (d)(3)(B)(ii)"; and
(C) by striking out "in the case o f in paragraph (3) and all
that follows and inserting in lieu thereof "at the end of a period
of 30 days of continuous session of Congress (as determined
under section 7307(b)(2) of this title) beginning on the date—
"(A) on which Congress receives the report of the Secretary
concerned under paragraph (1) or (2)(B)(ii) with respect to that
program, in the case of a determination of a more than 15
percent increase (as determined in subsection (d)); or
"(B) on which Congress has received both the report of the
Secretary concerned under paragraph (1) or (2)(B)(ii) and the
certification of the Secretary of Defense under paragraph
(2)(B)(i) with respect to that program, in the case of a more than
25 percent increase (as determined under subsection (d)).".
(6) Subsection (g)(1) of such section is amended—
(A) by striking out clause (I) and inserting in lieu thereof the
following:
"(I) The type of the Baseline Report (under subsection (a)(4))
and the date of the Baseline Report."; and
(B) in clause (K), by inserting "and the procurement unit cost
for the succeeding fiscal year expressed in constant base-year
dollars and in current year dollars" after "current dollars".
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2609
DURATION OF ASSIGNMENT OF PROGRAM MANAGERS FOR MAJOR
PROGRAMS
SEC. 1243. (a) The tour of duty of an officer of the Armed Forces 10 u s e 139a
assigned after the date of the enactment of this Act as a program note.
manager of a major defense acquisition program (as defined in
section 139a(a) of title 10, United States Code) shall be (1) not less
than four years, or (2) until completion of a major program mile-
stone (as defined in regulations prescribed by the Secretary of
Defense).
(b) The Secretary of the military department concerned may Waiver.
waive the length of the tour of duty prescribed in subsection (a). Prohibition.
Such authority may not be delegated.
AUTHORITY TO WAIVE COMPLIANCE WITH CERTAIN REQUIREMENTS PRO-
VIDED FOR IN REGULATIONS RELATING TO PRICES OF SPARE PARTS
AND REPLACEMENT EQUIPMENT
SEC. 1244. Section 1215(b) of the Department of Defense Authori-
zation Act, 1984 (Public Law 98-94; 10 U.S.C. 2452 note), is
amended—
(1) by inserting "(1)" after "(b)"; and
(2) by adding at the end thereof the following new paragraph:
"(2) The Secretary may provide in such regulations for the waiver
of the prohibition in subsection (a)(1) and compliance with the
requirements of subsection (a)(2) in the case of a purchase of any
spare part or replacement equipment made or to be made through
competitive procedures.".
R E G U L A T I O N S FOR ALLOCATING OVERHEAD TO PARTS TO WHICH THE
PRIME CONTRACTOR HAS ADDED LITTLE VALUE
SEC. 1245. Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall prescribe by regulation
the manner in which the Department of Defense negotiates prices
for supplies to be obtained through the use of procedures other than
competitive procedures, as defined in section 4(6) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(6)). Such revision Ante, p. 1195.
shall specify the incurred overhead a contractor may appropriately
allocate to such supplies and shall require the contractor to identify
those supplies which it did not manufacture or to which it did not
contribute significant value. Nothing in this section requires the
submission of cost or pricing data not otherwise required by law.
PART E—TEMPORARY PROVISIONS, REPORTS, AND EFFECTIVE DATES
REPORT ON I M P L E M E N T A T I O N OF CERTAIN RECOMMENDATIONS OF THE
GRACE COMMISSION
SEC. 1251. Not later than March 31,1985, the Secretary of Defense
shall submit to Congress a report assessing the recommendations of
the President's Private Sector Survey on Cost Control (commonly
referred to as the "Grace Commission") concerning—
(1) the system of making progress payments to defense con-
tractors to offset high interest rates and inflation; and
(2) modernization of automated data processing systems in
order to achieve more effective control of Department of
Defense supply inventories.
98 STAT. 2610 PUBLIC LAW 98-525—OCT. 19, 1984
PLANS FOR MANAGEMENT OF TECHNICAL DATA AND COMPUTER
CAPABIUTY IMPROVEMENTS
10 use 139 note. SEC. 1252. (aXD Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall develop a plan
for an improved system for the management of technical data
relating to any major system of the Department of Defense. At a
minimum, the management plan shall address procedures for—
(A) indexing, storing, and updating items of technical data in
a system;
(B) developing, to the maximum extent practicable, a central-
ized system to identify the repository within the department
responsible for technical data relating to an item and the extent
of the data on file in that repository with respect to that item;
£md
(C) assuring that those parties otherwise entitled to receive
technical data will have timely access to complete and current
technical data.
(2) Not later than 5 years after the date of the enactment of this
Act, the Secretary shall complete implementation of the manage-
ment plan required to be developed by paragraph (1).
Report. (3) Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall trans-
mit to Congress a report evaluating the plan developed by the
Secretary of Defense under paragraph (1).
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall transmit to the Committees on
Armed Services of the Senate and House of Representatives a plan
to improve substantially the computer capability of each of the
military departments and of the Etefense Logistics Agency to store
and access rapidly data that is needed for the efficient procurement
of supplies. The plan shall provide for a computer data base that
includes price and procurement history, item identification, sources
of supply, and other relevant information. The plan shall specify a
schedule for the implementation of the improvements, the projected
cost of implementation of the improvements, and such other recom-
mendations as the Secretary of Defense considers appropriate to
accomplish the improvements.
REPORT ON USE OF INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE
ACQUISITION PROGRAMS
SEC. 1253. Not later than May 1, 1985, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the continued use of independ-
ent cost estimates in the planning, programing, budgeting, and
selection process for major defense acquisition programs in the
Department of Defense. Such report shall be a follow-on to the
report required by section 1203(c) of the Department of Defense
97 Stat. 683. Authorization Act, 1984 (Public Law 98-94; 10 U.S.C. 1039 note), and
10 use 139c shall include an overall assessment of the extent to which such
^°^- estimates were adopted by the Department of Defense in making
decisions on the fiscal year 1986 budget and a general explanation of
why such estimates might have been modified or rejected. The
Secretary shall also include in the report a statement as to whether
adequate personnel and financial resources have been allocated at
all levels of the Department of Defense to those organizations or
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2611
offices charged with developing or assessing independent estimates
of the costs of major defense acquisition programs.
ONE-YEAR EXTENSION OF TEST PROGRAM TO AUTHORIZE PRICE
DIFFERENTIALS TO REUEVE ECONOMIC DISLOCATIONS
SEC. 1254. (a) Effective on October 1, 1984, section 1109 of the Effective dates.
Department of Defense Authorization Act, 1983 (10 U.S.C. 2392 9'^ Stat. 683.
note), is amended—
(1) by striking out "fiscal years 1983 and 1984" each place it
appears and inserting in lieu thereof "fiscal years 1983, 1984,
and 1985"; and
(2) by striking out "and April 15, 1984," in the first sentence
of subsection (b) and inserting in lieu thereof ", April 15, 1984,
and April 15,1985".
(b) Effective as of October 1, 1982, such section is amended by
striking out "section 2892" and inserting in lieu thereof "section
2392".
TITLE XIII—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT MATTERS
JOINT CHIEFS OF STAFF REORGANIZATION
SEC. 1301. (a)(1) Subsection (a) of section 124 of title 10, United
States Code, is amended by striking out "shall" in clause (2).
(2) Subsection (c) of such section is amended—
(A) by inserting "(1)" after "(c)"; and
(B) by adding at the end thereof the following new paragraph:
"(2) Subject to the authority, direction, and control of the Secre-
tary, the Chairman acts as the spokesman for the commanders of
the combatant commands on operational requirements.".
(b) Section 142(bX2) of such title is amended— lo use 142.
(1) by striking out "and assist" and inserting in lieu thereof
"(including any subject for the agenda recommended by the
Joint Chiefs of Staff), assist"; and
(2) by striking out "practicable" and inserting in lieu thereof
"practicable, and determine when issues under consideration
shall be decided".
(cKl) Subsection (a) of section 143 of title 10, United States Code, is
amended to read as follows:
"(aXD There is under the Joint Chiefs of Staff a Joint Staff
consisting of not more than 400 officers selected by the Chairman of
the Joint Chiefs of Staff. The Joint Staff shall be selected in approxi-
mately equal numbers from—
"(A) the Army;
"(B) the Navy and the Marine Corps; and
"(C) the Air Force.
"(2) Selection of officers of an armed force to serve on the Joint
Staff shall be made by the Chairman from a list of officers submitted
by that armed force. Each officer whose name is submitted shall be
among those officers considered to be the most outstanding officers
of that armed force. The Chairman may specify the number of
officers to be included on any such list.
"(3) The tenure of the members of the Joint Staff is subject to the
approval of the Chairman of the Joint Chiefs of Staff.".
98 STAT. 2612 PUBLIC LAW 98-525—OCT. 19, 1984
(2) Subsection (b) of such section is amended by striking out the
second and third sentences.
(3) Such section is further amended by adding at the end thereof
the following new subsection:
"(e) An officer who is assigned or detailed to duty on the Joint
Staff may not serve for a tour of duty of more than four years. An
officer completing a tour of duty with the Joint Staff may not be
assigned or detailed to duty on the Joint Staff within two years after
Prohibition. relief from that duty except with the approval of the Secretary. This
subsection does not apply in time of war declared by Congress or in
time of national emergency declared by the President.".
(dXD Chapter 36 of title 10, United States Code, is amended by
adding at the end thereof the following new section:
10 use 646. "§ 646. Consideration of performance as a member of the Joint
Staff
"The Secretary of Defense, in consultation with the Chairman of
the Joint Chiefs of Staff, shall ensure that officer personnel policies
of the Army, Navy, Air Force, and Marine Corps concerning promo-
tion, retention, and assignment give appropriate consideration to
the performance of an officer as a member of the Joint Staff.".
(2) The table of sections at the beginning of subchapter V of such
chapter is amended by adding at the end thereof the following new
item:
"646. Consideration of performance as a member of the Joint Staff.".
REDUCTION IN HEADQUARTERS STAFFS
SEC. 1302. (a) Not later than September 30, 1985, the Secretary of
Defense shall reduce the total number of military and civilian
personnel assigned to duty in the agencies of the Department of
Defense and the military departments to perform management
headquarters activities or management headquarters support activi-
ties by a number that is at lesist 2 percent below the total number of
personnel requested by the President for fiscal year 1985 to perform
such activities.
(b) The number of military and civilian personnel assigned to the
Office of the Secretary of Defense as of September 30,1985, may not
exceed 1,730. However, if the Secretary of Defense determines that
such action is necessary in the national interest, the Secretary may
increase the number specified in the limitation in the preceding
sentence, but such number may not be increased by more than 2
percent. The Secretary shall promptly notify the Congress of any
exercise of such authority.
(c) Any reduction in military or civilian personnel assigned to
perform management headquarters activities or management head-
quarters support activities in the National Security Agency/Central
Security Service, the Defense Intelligence Agency, the Organization
of the Joint Chiefs of Staff, or the Naval Intelligence Command may
not be included for the purposes of complying with the requirements
of subsection (a).
(d) For purposes of this section, the terms "management head-
quarters activities" and "management headquarters support activi-
ties" have the same meanings as prescribed for such terms in
Department of Defense Directive 5100.73 entitled "Department of
Defense Management Headquarters and Headquarters Support",
dated March 12,1981.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2613
REPORT ON SIZE OF SERVICE SECRETARIATS
SEC. 1303. Not later than December 15, 1984, the Secretary of
Defense shall submit a report to Congress on the reasons for the
disparity in size among the Offices of the Secretaries of the military
departments and particularly on the reasons for the size of the
Office of the Secretary of the Navy compared to the size of the Office
of the Secretary of the Army and of the Secretary of the Air Force.
For the purposes of this section, the Office of a Secretary of a
military department includes the Secretary, the Under Secretary,
the Assistant Secretaries of the military department, their staffs,
and other elements of the executive parts of the military
department.
IMPLEMENTATION OF CERTAIN PERSONNEL POUCIES
SEC. 1304. No funds appropriated to the Department of Defense Prohibition.
may be used before July 1,1985, to comply with the regulation of the
Office of Personnel Management referred to as Basic Installment
311 of the Federal Personnel Manual (issued by the Office of Person-
nel Management on January 6,1984), concerning personnel suitabil-
ity, personnel security, personnel investigations, and suitability
disqualification actions.
EXPANSION OF AUTHORITY FOR COLLECTION OF DEBTS FROM MEMBERS
OF THE ARMED FORCES
SEC. 1305. Section 1007(c) of title 37, United States Code, is
amended by striking out "an enlisted member of the Army or the
Air Force" and inserting in lieu thereof "a member of the armed
forces".
INCREASED COAST GUARD MEMBERSHIP ON THE RESERVE FORCES POUCY
BOARD
SEC. 1306. Section 175(b) of title 10, United States Code, is
amended by striking out "an officer of the Regular Coast Guard or
the Coast Guard Reserve" and inserting in lieu thereof "two officers
of the Coast Guard, regular or reserve,".
UMITATION ON USE OF FUNDS FOR CONDUCTING POLYGRAPH
EXAMINATIONS; REPORT
SEC. 1307. (a) None of the funds appropriated pursuant to an
authorization of appropriations contained in this or any other Act
may be used for the purpose of implementing any revision of
Department of Defense Directive 5210.48, dated October 6, 1975,
relating to polygraph examinations and examiners except for the
conduct of a test program involving not more than 3,500 persons.
(b) Not later than December 31, 1985, the Secretary of Defense
shall transmit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the use of polygraph
examinations administered by or for the Department of Defense
during the fiscal year 1985. The report shall include the number of
polygraph examinations conducted, a description of the purposes
and results of such examinations, and an explanation of the uses
made of the results of the examinations, as well as detailed reports
98 STAT. 2614 PUBLIC LAW 98-525—OCT. 19, 1984
on those cases in which more than two examinations were needed to
attempt to resolve discrepancies,
(c) This section does not apply—
(1) in the case of any individual assigned to, or detailed to, the
Central Intelligence Agency or to any expert or consultant
under a contract with the Central Intelligence Agency;
(2) in the case of any individual employed by, assigned to, or
detailed to, the National Security Agency, any expert or con-
sultant under a contract with the National Security Agency, or
any employee of a contractor of the National Security Agency;
or
(3) in the case of any individual applying for a position in the
National Security Agency.
Expiration date. (d) The provisions of subsection (a) shall expire on September 30,
1985.
TITLE XIV—CODIFICATION OF CERTAIN RECURRING AND
PERMANENT PROVISIONS OF LAW
AMENDMENTS TO TITLE 10, UNITED STATES CODE
SEC. 1401. (a)(1) Chapter 31 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
10 use 520b. "§ 520b. Applicants for enlistment: authority to use funds for the
issue of authorized articles
"Funds appropriated to the Department of Defense may be used
for the issue of authorized articles to applicants for enlistments.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"520b. Applicants for enlistments: authority to use funds for the issue of authorized
articles.".
(b)(1) Chapter 48 of such title is amended by adding at the end
thereof the following new section:
10 use 956. "§ 956. Deserters, prisoners, members absent without leave: ex-
penses and rewards
"Funds appropriated to the Department of Defense may be used
for the following purposes:
"(1) Expenses for the apprehension and delivery of deserters,
prisoners, and members absent without leave, including the
payment of rewards, in an amount not to exceed $75, for the
apprehension of any such person.
"(2) Expenses of prisoners confined in nonmilitary facilities.
"(3) Payment of a gratuity of not to exceed $25 to each
prisoner upon release from confinement in a military or con-
tract prison facility.
"(4) The issue of authorized articles to prisoners and other
persons in military custody.
"(5) Under such regulations as the Secretary concerned may
prescribe, expenses incident to the maintenance, pay, and allow-
ances of prisoners of war, other persons in the custody of the
Army, Navy, or Air Force whose status is determined by the
Secretary concerned to be similar to prisoners of war, and
persons detained in the custody of the Army, Navy, or Air Force
pursuant to Presidential proclamation.".
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2615
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"956. Deserters, prisoners, members absent without leave: expenses and rewards.".
(c)(1) Chapter 49 of such title is amended by adding at the end
thereof the following new sections:
"§ 979. Prohibition on loan and grant assistance to persons con- lo use 979.
victed of certain crimes
"Funds appropriated to the Department of Defense may not be
used to provide a loan, a guarantee of a loan, or a grant to any
person who has been convicted by a court of general jurisdiction of
any crime which involves the use of (or assisting others in the use of)
force, trespass, or the seizure of property undfer the control of an
institution of higher education to prevent officials or students of the
institution from engaging in their duties or pursuing their studies.
"§980. Limitation on use of humans as experimental subjects lo use 980.
"Funds appropriated to the Department of Defense may not be
used for research involving a human being as an experimental
subject unless—
"(1) the informed consent of the subject is obtained in ad-
vance; or
"(2) in the case of research intended to be beneficial to the
subject, the informed consent of the subject or a legal represent-
ative of the subject is obtained in advance.
"§ 981. Limitation on number of enlisted aides lo use 981.
"(a) Subject to subsection (b), the total number of enlisted mem-
bers that may be assigned or otherwise detailed to duty as enlisted
aides on the personal staffs of officers of the Army, Navy, Marine
Corps, Air Force, and Coast Guard (when operating as a service of
the Navy) during a fiscal year is the number equal to the sum of (1)
four times the number of officers serving on active duty at the end
of the preceding fiscal year in the grade of general or admiral, and
(2) two times the number of officers serving on active duty at the end
of the preceding fiscal year in the grade of lieutenant general or vice
admiral.
"(b) Not more than 300 enlisted members may be assigned to duty
at any time as enlisted aides for officers of the Army, Navy, Air
Force, and Marine Corps.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new items:
"979. Prohibition on loan and grant assistance to persons convicted of certain
crimes.
"980. Limitation on use of humans as experimental subjects.
"981. Limitation on number of enlisted aides.".
(d)(1) Chapter 53 of such title is amended by adding after section
1046 (as added by section 708) the following new sections:
**§ 1047. Allowance for civilian clothing lo use 1047.
"The Secretary of the military department concerned may furnish
civilian clothing, at a cost of not more than $40, to an enlisted
member who is—
"(1) discharged for misconduct or unsuitability or under con-
ditions other than honorable;
"(2) sentenced by a civil court to confinement in a prison;
98 STAT. 2616 PUBLIC LAW 98-525—OCT. 19, 1984
"(3) interned or discharged as an alien enemy; or
"(4) discharged before completion of recruit training under
honorable conditions for dependency, hardship, minority, or
disability or for the convenience of the Government.
10 use 1048. "§ 1048. Gratuity payment to persons discharged for fraudulent
enlistment
"The Secretary concerned may pay a gratuity of not to exceed $25
to a person discharged for fraudulent enlistment.
10 use 1049. "§ 1049. Subsistence: miscellaneous persons
"The following persons may be provided subsistence at the ex-
pense of the United States:
"(1) Enlisted members while sick in hospitals.
"(2) Applicants for enlistment and selective service regis-
trants called for induction.
"(3) Prisoners.
"(4) Civilian employees, as authorized by law.
"(5) Supernumeraries, when necessitated by emergent mili-
tary circumstances.
10 use 1050. "§ 1050. Latin American cooperation: payment of personnel ex-
penses
"The Secretary of a military department may pay the travel,
subsistence, and special compensation of officers and students of
Latin American countries and other expenses that the Secretary
considers necessary for Latin American cooperation.".
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 1046 (as added
by section 708) the following new items:
"1047. Allowance for civilian clothing.
"1048. Gratuity payment to persons discharged for fraudulent enlistment.
"1049. Subsistence: miscellaneous persons.
"1050. Latin American cooperation: payment of personnel expenses.".
Repeal. (3)(A) Section 7208 of such title is repealed.
10 u s e 7208. (B) The table of sections at the beginning of chapter 631 is
amended by striking out the item relating to section 7208.
10 u s e 1074. (e)(1) Section 1074 of such title is amended by adding at the end
thereof the following new subsection:
"(c) Funds appropriated to a military department may be used to
provide medical and dental care to persons entitled to such care by
law or regulations, including the provision of such care (other than
elective private treatment) in private facilities for members of the
armed forces.".
(2)(A) Chapter 55 of such title is amended by inserting after
section 1074a the following new section:
10 use 1074b. "§ 1074b. Medical care: authority to provide a wig
"A person entitled to medical care under this chapter who has
alopecia resulting from the treatment of a malignant disease may be
furnished a wig if the person has not previously been furnished one
at the expense of the United States.".
(B) The table of sections at the beginning of such chapter is
amended by inserting below the item relating to item 1074 the
following new item:
"1074b. Medical care: authority to provide a wig.".
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2617
(3) Section 1077(b) of such title is amended by adding at the end 10 use 1077.
thereof the following new paragraph:
"(3) The elective correction of minor dermatological blemishes
and marks or minor anatomical anomalies.".
(4)(A) Section 1079(a) of such title is amended— 97 Stat. 648.
(i) by striking out "and" at the end of clause (5);
(ii) by striking out the period at the end of clause (6) and
inserting in lieu thereof a semicolon; and
(iii) by adding after clause (6) the following new clauses:
"(7) services in connection with nonemergency inpatient hos-
pital care may not be provided if such services are available at a
facility of the uniformed services located within a 40-mile radius
of the residence of the patient, except that such services may be
provided in any case in which another insurance plan or pro-
gram pays for at least 75 percent of the services;
"(8) services of pastoral counselors, family and child counsel-
ors, or marital counselors may not be provided unless the
patient has been referred to the counselor by a medical doctor
for treatment of a specific problem with the results of that
treatment to be communicated back to the medical doctor who
made the referral;
"(9) special education may not be provided, except when
provided as secondary to the active psychiatric treatment on an
institutional inpatient basis;
"(10) therapy or counseling for sexual dysfunctions or sexual
inadequacies may not be provided;
"(11) treatment of obesity may not be provided if obesity is the
sole or major condition treated;
"(12) surgery which improves physical appearance but is not
expected to significantly restore functions (including mammary
augmentation, face lifts, and sex gender changes) may not be
provided, except that—
"(A) breast reconstructive surgery following a mastec-
tomy may be provided;
"(B) reconstructive surgery to correct serious deformities
caused by congenital anomalies or accidental injuries may
be provided; and
"(C) neoplastic surgery may be provided;
"(13) any service or supply which is not medically or psycho-
logically necessary to prevent, diagnose, or treat a mental or
physical illness, injury, or bodily malfunction as assessed or
diagnosed by a physician, dentist, clinical psychologist, optom-
etrist, podiatrist, certified nurse-midwife, certified nurse practi-
tioner, or certified clinical social worker, as appropriate, may
not be provided, except as authorized in clause (4); and
"(14) the prohibition contained in section 1077(b)(3) of this Supra.
title shall not apply in the case of a member or former member
of the uniformed services.".
(B) Paragraph (2) of section 1079(h) of such title is amended by 10 use 1079.
striking out the second sentence and inserting in lieu thereof the
following: "The Secretary of Defense shall adjust the base period as
frequently as he considers appropriate.".
(5)(A) Chapter 55 of such title is further amended by adding at the
end thereof the following new section:
98 STAT. 2618 PUBLIC LAW 98-525—OCT. 19, 1984
10 use 1093. "§ 1093. Restriction on use of funds for abortions
"Funds available to the Department of Defense may not be used to
perform abortions except where the life of the mother would be
endemgered if the fetus were carried to term.".
(B) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"1093. Restriction on use of funds for abortions.".
(fKl) Chapter 81 of such title is amended by adding at the end
thereof the following new section:
10 use 1589. "§ 1589. Prohibition on payment of lodging expenses when ade-
quate Government quarters are available
"(a) Funds available to the Department of Defense (including
funds in any working-capital fund) may not be used to pay the
lodging expenses of a civilian employee of the Department of De-
fense while such employee is on official business away from his
designated post of duty or, in the case of a person referred to in
5 use 5703. section 5703 of title 5, while such person is away from his home or
regular place of duty, when adequate Government quarters are
available but are not occupied by such employee or person.
"(b) Subsection (a) does not apply during a fiscal year to an
employee whose duties can be expected to require official travel
during more than one-half of the number of the basic administrative
work weeks during that fiscal year.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new items:
"1589. Prohibition on payment of lodging expenses when adequate Grovernment
quarters are available.".
(gXD Chapter 101 of such title is amended by adding after section
2006 (as added by section 706(aXl)) the following new sections:
10 use 2007. "§ 2007. Limitation on payment of tuition for off-duty training or
education
"(a) The Secretary of a military department may not pay more
than 75 percent of the charges of an educational institution for the
tuition or expenses of a member of the armed forces enrolled in such
institution for education or training during his off-duty periods,
except that—
"(1) in the case of an enlisted member in the pay grade of E-5
or higher with less than 14 years' service, not more than 90
percent of the charges may be paid;
"(2) in the case of a member enrolled in a high school comple-
tion program, all of the charges may be paid; and
"(3) in the case of a commissioned officer, no part of the
charges may be paid unless the officer agrees to remain on
active duty for a period of at least two years after the comple-
tion of the training or education.
"(b) The limitation in subsection (a) does not apply to the Program
for Afloat College Education.
10 use 2008. "§ 2008. Authority to use funds for certain educational purposes
"Funds appropriated to the Department of Defense may be used to
carry out section 10 of the Act of September 23,1950 (20 U.S.C. 640),
relating to impact aid authorization.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2619
"§ 2009. Military colleges: female students lo use 2009.
"(a) Under regulations prescribed by the Secretary of Defense, any
college or university designated by the Secretary of Defense as a
militery college shall, as a condition of maintaining such designa-
tion, provide that qualified female undergraduate students enrolled
in such college or university be eligible to participate in military
training at such college or university.
"(b) Regulations prescribed under subsection (a) may not require a Prohibition.
college or university, as a condition of maintaining its designation as
a military college or for any other purpose, to require female
undergraduate students enrolled in such college or university to
participate in military training.".
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2006 (as added
by section 706(aX2)) the following new items:
"2007. Limitation on pajmient of tuition for off-duty training or education.
"2008. Authority to use funds for certain educational purposes.
"2009. Military colleges: female students.".
(h) Section 2104(b) of such title is amended— lo use 2104.
(1) by striking out "and" at the end of clause (5);
(2) by striking out the period at the end of clause (6) and
inserting in lieu thereof "; and"; and
(3) by inserting after clause (6) the following new clause:
"(7) execute a certificate of loyalty in such form as the
Secretary of Defense prescribes or take a loyalty oath as pre-
scribed by the Secretary.".
(iXD Chapter 147 of such title is amended by adding at the end
thereof the following new section:
"§ 2484. Commissary stores: expenses lo use 2484.
"(a) Except to the extent authorized in regulations prescribed by
the Secretary of a military department and approved by the Secre-
tary of Defense and except as provided in subsection (b), funds
available to the Department of Defense may not be used to pay, in
connection with the operation of any commissary store—
"(1) the cost of purchases (including commercial transporta-
tion in the United States to the place of sale) and the cost of
maintenance of operating equipment and supplies;
"(2) the actual or estimated cost of utilities furnished by the
United States;
"(3) the actual or estimated cost of shrinkage, spoilage, and
pilferage of merchandise under the control of the commissary
store; or
"(4) costs incurred in connection with obtaining the face value
amount of manufacturer or vendor cents-off discount coupons
by the commissary store (or other entity acting on behalf of the
commissary store).
"(b) Appropriated funds may be used to pay any costs described in
subsection (a) but only to the extent that appropriation accounts
used to pay such costs are reimbursed for the payment of such costs,
including, in the case of any costs incurred in connection with
discount coupons referred to in subsection (aX4), all fees or moneys
received for hgindling or processing such coupons. The sales prices in
commissary stores shall be adjusted to the extent necessary to
provide sufficient gross revenues from the sales of such stores to
make such reimbursements. Such adjustments shall be made under
98 STAT. 2620 PUBLIC LAW 98-525—OCT. 19, 1984
regulations prescribed by the Secretary of the military department
concerned and approved by the Secretary of Defense.
"(c) Under regulations prescribed by the Secretary of Defense,
utilities may be furnished without cost to a commissary store out-
side the United States or in Alaska or Hawaii.
Transportation. "(d) Transportation outside the United States may be furnished in
connection with the operation of commissary stores outside the
United States.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"2484. Commissary stores: expenses.".
(jXD Chapter 157 of such title is amended by adding after section
2637 (as added by section 614) the following new sections:
10 use 2638. "§ 2638. Transportation of civilian clothing of enlisted members
"The Secretary of the military department concerned may provide
for the transportation of the civilian clothing of any person entering
the armed forces £is an enlisted member to the member's home of
record.
10 use 2639. "§2639. Transportation to and from school for certain minor
dependents
"Funds appropriated to the Department of Defense may be used to
provide minor dependents of members of the armed forces and of
civilian officers and employees of the Department of Defense with
transportation to and from primary and secondary schools if the
schools attended by the dependents are not accessible by regular
means of transportation.".
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 2637 (as added
by section 614) the following new items:
"2638. Transportation of civilian clothing of enlisted members.
"2639. Transportation to and from school for certain minor dependents.".
10 use 7204. (3XA) Section 7204(a) of such title is amended—
(i) by striking out "may—" and inserting in lieu thereof
"may";
(ii) by striking out "(1)";
(iii) by redesignating subclauses (A), (B), (C), and (D) as clauses
(1), (2), (3), and (4), respectively;
(iv) by striking out "; and" at the end of clause (1) and
inserting in lieu thereof a period; and
(v) by striking out clause (2).
10 use 7204. (B) The heading of section 7204 of such title is amended to read as
follows:
"§ 7204. Schools near naval activities: Hnancial aid".
(B) The item relating to such section in the table of sections at the
beginning of chapter 631 of such title is amended to read as follows:
"7204. Schools near naval activities: financial aid.".
AMENDMENTS TO TITLE 37, UNITED STATES CODE
SEC. 1402. (a) Section 206 of title 37, United States Code, is
amended by adding at the end thereof the following new subsection:
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2621
"(e) A member of the National Guard or of a reserve component of National
the uniformed services may not be paid under this section for more Guard.
than four periods of equivalent training, instruction, duty, or appro- Uniformed
priate duties performed during a fiscal year instead of the member's
regular period of instruction or regular period of appropriate duty
during that fiscal year.".
(b)(1) Chapter 5 of such title is amended by inserting after section
306 the following new section:
"§306a. Special pay: members assigned to international military 37 u s e 306a.
headquarters
"Not more than nine members of the armed forces, including
members detailed to international military headquarters, may be
paid pay and allowances at rates referred to in section 625(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)).".
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 306 the
following new item:
"306a. Special pay: members assigned to international military headquarters.".
(c) Section 404 of such title is amended by adding at the end 37 u s e 404.
thereof the following new subsection:
"(g) In the case of an enlisted member who is in a travel status Prohibition.
and not entitled to receive per diem in lieu of subsistence for any
day (or portion of a day) because the member is furnished meals in a
Government mess, the member may not be paid a basic allowance
for subsistence for such day (or portion of such day) that the member
is furnished meals in a Government mess.".
REPEAL PROVISIONS
SEC. 1403. (a)(1) Section 706 of the Department of Defense Appro-
priation Act, 1984 (Public Law 98-212; 97 Stat. 1437), is repealed. 10 u s e 138 note.
(2) Section 735 of such Act (97 Stat. 1444) is amended by striking 10 u s e 138 note.
out "medical and dental care of personnel entitled thereto by law or
regulation (including charges of private facilities for care of military
personnel, except elective private treatment);".
(b) Section 809 of the Department of Defense Appropriation Au-
thorization Act, 1979 (Public Law 95-485; 92 Stat. 1623), is repealed. 10 u s e 2102
(c) Section 820 of the Department of Defense Appropriation Au- note.
thorization Act, 1976 (Public Law 94-106; 89 Stat. 544), is repealed.
EFFECTIVE DATE
SEC. 1404. The amendments made by sections 1401,1402, and 1403 10 u s e 520b
take effect on October 1,1985. note.
CLERICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE
SEC. 1405. Title 10, United States Code, is amended as follows:
(1) Section 125(a) is amended by striking out "section 401 of
title 50" and inserting in lieu thereof "section 2 of the National
Security Act of 1947 (50 U.S.C. 401)".
(2) Section 138(g) is amended by inserting "(22 U.S.C. 2795 et
seq.)" after "chapter 5 of the Arms Export Control Act".
(3) Section 139 is amended—
(A) by striking out "thirty" both places it appears and
inserting in lieu thereof "30"; and
98 STAT. 2622 PUBLIC LAW 98-525—OCT. 19, 1984
(B) by striking out "ninety" and inserting in lieu thereof
"90".
10 use 175. (4) Section 175(c) is amended by inserting a comma after
"Reserve Affairs"
(5) Section 177(aXl) is amended by striking out "sec. 29-1001"
and inserting in lieu thereof "sec. 29-501".
(6) Section 191(a) is amended by striking out "such use in"
and inserting in lieu thereof "such use is".
(7XA) Section 264 is amended by striking out "Reserve compo-
nents" in subsection (b) and inserting in lieu thereof "reserve
components".
(B) The heading of such section is amended to read as follows:
"§ 264. Reserve affairs: designation of general or flag ofHcer of
each armed force; personnel and logistic support for
Reserves".
(C) The item relating to such section in the table of sections at
the beginning of chapter 11 is amended to read as follows:
"264. Reserve affairs: designation of general or flag officer of each armed force; per-
sonnel and logistic support for Reserves.".
(8) Section 280 is amended by striking out "5597,".
(9) Section 374(a)(3) is amended by striking out "(19 U.S.C.
1202)".
(10) Section 378 is amended by striking out "prior to the
enactment of this chapter" and inserting in lieu thereof "before
December 1,1981".
(11) Section 630(2) is amended by striking out "eighteen-
month" and inserting in lieu thereof "18-month".
(12) Section 633 is amended by striking out "twenty-eight"
and inserting in lieu thereof "28".
(13) Sections 634 and 635 are amended by striking out
"thirty" and inserting in lieu thereof "30".
(14) Section 636 is amended by striking out "thirty-five" and
inserting in lieu thereof "35".
(15) Section 637(a) is amended—
(A) by striking out "twenty" in paragraph (2) and insert-
ing in lieu thereof "20"; and
(B) by striking out "twenty-four" in paragraph (3) and
inserting in lieu thereof "24".
97 Stat. 670. (16) Section 673c(bXl) is amended by inserting "of this title"
after "or 673b".
(17) Section 680(aX2XD) is amended by striking out "Reserve
Officer" and inserting in lieu thereof "reserve officer".
(18) Section 701(g) is amended—
(A) by striking out "sixty-day" and inserting in lieu
thereof "60-day";
(B) by striking out "ninety-day" and inserting in lieu
thereof "90-day"; and
(C) by striking out "one hundred and fifty" both places it
appears and inserting in lieu thereof "150".
(19)(A) Section 1034 is amended by striking out "member of
Congress" and inserting in lieu thereof "Member of Congress".
(BXi) The heading of such section is amended to read as
follows:
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2623
*'§ 1034. Communicating with a Member of Congress".
(11) The Item relating to such section in the table of sections at
the beginning of chapter 53 is amended to read as follows:
"1034. Communicating with a Member of Congress.".
(20) Section 1035(b) is amended— lo use 1035.
(A) by striking out "per centum" and inserting in lieu
thereof "percent";
(B) by striking out "Act" and inserting in lieu thereof
"subsection"; and
(C) by striking out "ninety" and inserting in lieu thereof
"90".
(21) Section 1040(a) is amended by striking out "thirty" and
inserting in lieu thereof "30".
(22) The heading of section 1077 is amended by striking out
the semicolon and inserting in lieu thereof a colon.
(23) Section 1079(e) is amended by striking out the period at
the end of the matter preceding clause (1) and inserting in lieu
thereof "as follows:".
(24) Section 1087(b)(2) is amended by inserting "(42 U.S.C.
1395c et seq.)" after "the Social Security Act."
(25) Section 1216(b) is amended by striking out "of this
section".
(26) Section 1401a(f) is amended by striking out "prior to the
effective date of this subsection" and inserting in lieu thereof
"before October 7,1975".
(27) Section 1464(c) is amended by striking out "section 1466" 97 Stat. 645.
and inserting in lieu thereof "section 1465(c)".
(28) Section 1465(cXl) is amended by striking out "(A)". 97 Stat. 646.
(29) Section 1586 is amended—
(A) in subsection (b)—
(i) by striking out "thirty" and inserting in lieu
thereof "30";
(ii) by striking out "of this section" after "subsection
(c)"; and
(iii) by striking out "of this subsection";
(B) in subsection (c)—
(i) by striking out "thirty" and inserting in lieu
thereof "30";
(ii) by striking out "ninety days" both places it ap-
pears and inserting in lieu thereof "90 days";
(iii) by striking out "ninety-day" in paragraph (5)
and inserting in lieu thereof "90-day";
(iv) by striking out "of this subsection" each place it
appears in paragraphs (3), (4), and (5);
(v) by striking out "such" in paragraph (5); and
(vi) in paragraph (6)—
(I) by striking out "of this subsection" after
"paragraph (1)"; and
(II) by striking out "of this subsection," after "as
applicable,";
(C) by striking out "of this section" in subsections (d),
(eXl), and (g)(1); and
(D) by striking out "of this subsection" in subsection
(eX2).
98 STAT. 2624 PUBLIC LAW 98-525—OCT. 19, 1984
10 use 2002. (30) Section 2002(b) is amended by striking out "For the
purposes of this section, the word" and inserting in lieu thereof
"In this section,".
(31) The item relating to section 2003 in the table of sections
at the beginning of chapter 101 is amended by striking out the
semicolon and inserting in lieu thereof a colon.
(32) Section 2031(a) is amended by striking out "the date of
enactment of this section" and inserting in lieu thereof "Octo-
ber 13,1964".
(33) Section 2107(b) is amended by aligning the second sen-
tence flush with the left margin.
(34) Section 2233 is amended—
(A) by striking out "subsection (c) of this section" in
subsection (a) and inserting in lieu thereof "to subsection
(c)"; and
(B) by striking out "or Territory, Puerto Rico, or the
District of Columbia" both places it appears in the second
sentence of subsection (b).
(35) Section 2381(c) is amended—
(A) by striking out "section 486 of title 40" and inserting
in lieu thereof "section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486)"; and
(B) by striking out "section 481(a) of that title" and
inserting in lieu thereof "section 201(a) of that Act (40
U.S.C. 481(a))".
(36) The heading of section 2394a is amended to read as
follows:
"§ 2394a. Procurement of energy systems using renewable forms of
energy".
(37) Section 2577(a)(1) is amended by striking out "puposes"
and inserting in lieu thereof "purposes".
(38) Section 2668(aX10) is amended by striking out "section
961 of title 43" and inserting in lieu thereof "the Act of
March 4, 1911 (43 U.S.C. 961)".
(39) Section 2672a is amended—
(A) by designating the first sentence as subsection (a);
(B) by striking out "operation" in such sentence and
inserting in lieu thereof "operational";
(C) by designating the second sentence as subsection (b);
and
(D) in the fourth sentence—
(i) by striking out "provision will" and inserting in
lieu thereof "section shall"; and
(ii) by striking out "Armed Services Committees" and
inserting in lieu thereof "Committees on Armed
Services .
(40) Section 2675(b) is amended by striking out "thirty" and
inserting in lieu thereof "30".
(41) Section 2687 is amended—
(A) by striking out "one thousand" in subsection (a)(2)
and inserting in lieu thereof "1,000";
(B) by inserting "(42 U.S.C. 4321 et seq.)" in subsection
(bX2) after "National Environmental Policy Act of 1969";
(C) by striking out "sixty" in subsection (b)(4) and insert-
ing in lieu thereof "60"; and
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2625
(D) by striking out "three hundred" in subsection (d)(1)(B)
and inserting in lieu thereof "300".
(42)(A) The heading of section 2734a is amended to read as lo use 2734a.
follows:
"§ 2734a. Property loss; personal injury or death: incident to non-
combat activities of armed forces in foreign countries;
international agreements".
(B) The item relating to such section in the table of sections at
the beginning of chapter 163 is amended to read as follows:
"2734a. Property loss; personal injury or death: incident to noncombat activities of
armed forces in foreign countries; international agreements.".
(43) Section 2777(c) is amended by striking out "of this
section".
(44) Section 2822(bX3) is amended by striking out "section
2833" and inserting in lieu thereof "section 2832".
(45)(A) Section 2857(bXl) is amended by striking out "use of
and all that follows through "the potential for" and inserting in
lieu thereof "use of such forms of energy has the potential for".
(B) The amendment made by subparagraph (A) shall take lo use 2857
effect as if it had been included in the amendments made by note.
section 801 of Public Law 97-321.
(46) Section 3579(a) is amended by striking out "subsection
(c)" and inserting in lieu thereof "subsection (b)".
(47) Section 5897(b)(5) is amended by striking out the semi-
colon at the end and inserting in lieu thereof a period.
(48) The item relating to chapter 661 in the table of chapters
at the beginning of subtitle C is amended to read as follows:
"661. Accountability and Responsibility 7861".
(49) Section 7227(a) is amended—
(A) by striking out "routine" both places it appears and
inserting in lieu thereof "Routine";
(B) by striking out "miscellaneous" and inserting in lieu
thereof "Miscellaneous";
(C) by striking out the semicolons at the end of clauses (1)
and (2) and inserting in lieu thereof periods; and
(D) by striking out "; and" at the end of clause (3) and
inserting in lieu thereof a period.
(50) Section 7421(b) is amended by striking out "naval petro-
leum reserves numbered 1 and 2" and inserting in lieu thereof
"Naval Petroleum Reserves Numbered 1 and 2".
(51) Section 7422(b) is amended by striking out "of this
section".
(52) Sections 7426(a), 7431(b)(1), and 7431(c) are amended by
inserting "of this title" after "section 7422(c)".
(53) Section 7430 is amended—
(A) by striking out "of this section" in subsection (d)(4);
(B) subsection (g)(2)—
(i) by striking out "thirty days" and inserting in lieu
thereof "30 days"; and
(ii) by striking out "thirty day" and inserting in lieu
thereof "30-day^; and
(C) by striking out "of this section" both places it appears
in subsection (1X4).
(54) Section 7572(bXlXB) is amended by striking out "on-
board" and inserting in lieu thereof "on board".
98 STAT. 2626 PUBLIC LAW 98-525—OCT. 19, 1984
10 u s e 8851. (55) Section 8851(c) is amended by striking out "of this
section".
(56)(A) Sections 2127(b), 2388(c), and 6154 are amended by
striking out "section 3324 (a) and (b)" and inserting in lieu
thereof "subsections (a) and (b) of section 3324".
(B) Section 7522(b) is amended by striking out "Section 3324
(a) and (b) of title 31 does" and inserting in lieu thereof "Subsec-
tions (a) and (b) of section 3324 of title 31 do".
(57) Section 9512(bXl) is amended by inserting "App." after
"49 U.S.C.".
TITLE XV—GENERAL PROVISIONS
PART A—DEFENSE FINANCIAL MATTERS
TRANSFER AUTHORITY
SEC. 1501. (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 De-
partment of Defense in this Act between any such authorizations (or
any subdivisions thereof). Amounts of authorizations so transferred
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 $2,000,000,000.
(b) The authority provided by this section to transfer author-
izations—
(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.
(c) The Secretary of Defense shall promptly notify Congress of
transfers made under the authority of this section.
Ante, p. 2510. (d) Transfers between paragraphs of a subsection of section 301
may be made without regard to the requirements of this section.
PART B—PROVISIONS RELATING TO SPECIFIC PROGRAMS
Establishment. CHEMICAL WARFARE REVIEW COMMISSION
SEC. 1511. (a) The President shall establish a bipartisan commis-
sion to be known as the "Chemical Warfare Review Commission".
Report. The Commission shall review the overall adequacy of the chemical
warfare posture of the United States with particular emphasis on
the question of whether the United States should produce binary
chemical munitions, and shall report its findings and recommenda-
tions to the President not later than April 1, 1985. In developing its
recommendations, the Commission shall consider—
(1) the relationship of chemical stockpile modernization by
the United States with the ultimate goal of the United States of
achieving a multilateral, comprehensive, and verifiable ban on
chemical weapons;
(2) the adequacy of the existing United States stockpile of
unitary chemical weapons in providing a credible deterrent to
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2627
use by the Soviet Union of chemical weapons against United
States and allied forces;
(3) whether the binary chemical modernization program pro-
posed by the Department of Defense is adequate to support
United States national security policy by posing a credible
deterrent to chemical warfare; and
(4) the ability of defensive measures alone to meet the Soviet
chemical warfare threat and the adequacy of funding for cur-
rent and projected defensive measure programs.
(b) The President shall submit to Congress the report of the President of U.S.
Commission, together with the President's comments on the report. Report.
not later than April 1,1985.
RESTRICTION ON THE USE OF FUNDS FOR THE B-IB BOMBER AIRCRAFT
PROGRAM
SEC. 1512. None of the funds appropriated pursuant to an authori-
zation contained in this Act may be obligated or expended for the
conduct of research, design, demonstration, development, or pro-
curement of more than 100 B-IB bomber aircraft (including any
derivative or modified version of such aircraft) unless the Secretary
of Defense first notifies the Committees on Armed Services of the
Senate and House of Representatives of the specific purpose for
which the funds are proposed to be used and the amount proposed to
be expended for that purpose.
CONFIGURATION OF THE FFG-7 CLASS GUIDED MISSILE FRIGATE
SEC. 1513. The Secretary of the Navy may determine the configu-
ration of the FFG-7 class guided missile frigate for which funds
were appropriated in the Department of Defense Appropriation Act,
1984 (Public Law 98-212; 97 Stat. 1421), without regard to the
provisions relating to the design of that frigate in the paragraph in
title IV of that Act under the heading "SHIPBUILDING AND CONVER-
SION, NAVY".
P R O H I B I T I O N A G A I N S T U S I N G F U N D S A P P R O P R I A T E D F O R THE ADVANCED
TECHNOLOGY BOMBER AND THE ADVANCED CRUISE MISSILE PRO-
GRAMS FOR ANY OTHER PURPOSE
SEC. 1514. (a) It is the sense of Congress that—
(1) the capabilities inherent in the technologies associated
with the Advanced Technology Bomber program and the Ad-
vanced Cruise Missile program are a critical national security
asset for maintaining an adequate and credible deterrent
posture;
(2) such technologies and programs should be developed as
rapidly as feasible in order to produce and deploy advanced
systems which will complicate the military planning of the
Soviet Union and as a consequence enhance the deterrent
posture of the United States;
(3) such technologies and programs should be funded at the
levels authorized in this Act; and
(4) all the funds appropriated for such programs should be
fully used for such programs.
(b) None of the funds appropriated pursuant to an authorization of
appropriations in this Act to carry out the Advanced Technology
98 STAT. 2628 PUBLIC LAW 98-525—OCT. 19, 1984
Bomber program or the Advanced Cruise Missile program may be
used for any other purpose.
PART C—MISCELLANEOUS DEFENSE REPORTING REQUIREMENTS
EXTENSION OF TIME FOR REPORT OF THE COMMISSION ESTABLISHED BY
THE MILITARY JUSTICE ACT OF 1983
10 use 867 note. SEC. 1521. Section 9(b)(4) of the Mihtary Justice Act of 1983 (PubHc
10 use 867. Law 98-209; 97 Stat. 1404) is amended by striking out "the first day
of the ninth calendar month that begins after the date of the
enactment of this Act" and inserting in lieu thereof "December 15,
1984".
STUDY OF FOREIGN SALES AND PROCUREMENT OF DEFENSE ARTICLES
Commerce and SEC. 1522. (a)(1) The Secretary of Defense, in consultation with the
trade. heads of other appropriate Federal agencies, shall carry out a study
to assess how the adequacy of the industrial base of the United
States in the event of a war or national emergency is affected—
(A) by procurement by the Department of Defense of defense
articles that are produced outside the United States or that are
assembled from components, or fabricated from materials, pro-
duced outside the United States; and
(B) by sales by the Department of Defense or commercial
manufacturers of defense articles manufactured in the United
States to purchasers outside the United States.
(2) For the purposes of this section, the term "foreign-component
defense article" means a defense article—
(A) that was produced outside the United States;
(B) that was assembled from over 50 percent components, or
fabricated from over 50 percent materials, produced outside the
United States; or
(C) that contains a major component that w£is produced out-
side the United States.
(b) The study under subsection (a) shall assess the effects of
restrictions on the procurement of foreign-component defense arti-
cles on the overall United States balance of trade, on the balance of
trade in defense articles, on treaties currently in effect, on the
budgetary cost of national defense, on existing memoranda of under-
standing, on United States military alliances, and on efforts to
increase the rationalization, standardization, and interoperability of
articles used by North Atlantic Treaty Organization forces.
(c) Restrictions to be considered for the purposes of subsection (b)
shall include—
(1) a prohibition on procurement of foreign-component
defense articles;
(2) a prohibition on procurement of a defense article (or a
major component of a defense article) from a foreign source
unless there is also a domestic producer of the article;
(3) a prohibition on procurement of defense articles (and
major components of defense articles) from a country with
which the United States has an unfavorable balance of trade in
defense articles; and
(4) a prohibition on procurement of a defense article (or a
major component of a defense article) from a foreign source of
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2629
more than 50 percent of the total quantity of the defense article
(or major component) to be procured.
(d) The study under subsection (a) shall consider circumstances
and requirements under a war or national emergency of both a brief
duration and a long duration.
(e) A report of the study under subsection (a) shall be submitted to Report.
the Committees on Armed Services of the Senate and House of
Representatives not later than October 15,1985.
REPORT ON USE OF AIR FORCE AIR REFUELING FLEET
SEC. 1523. Not later than March 1, 1985, the Secretary of the Air
Force shall submit to the appropriate committees of Congress a
report analyzing the planned operational use of the Air Force's air
refueling fleet throughout the remainder of the 1980's. This study Study.
shall include the planned use of the air refueling fleet for the Single
Integrated Operational Plan (SIOP) and shall consider the growing
number of potential contingency operations throughout the global
spectrum of conflict to include multiple and simultaneous global
threats.
STUDY BY THE SECRETARY OF DEFENSE OF CURRENT AND POTENTIAL
EXPLOITATION OF FOREIGN TECHNOLOGY BY THE DEPARTMENT OF
DEFENSE
SEC. 1524. (a)(1) The Secretary of Defense shall conduct a compre-
hensive study on how the Department of Defense can most effec-
tively benefit from technology obtained from both cooperative and
noncooperative foreign sources. In carrying out the study, the Secre-
tary shall specifically consider—
(A) the existing and any planned organizational changes
within the Department of Defense with respect to the office or
offices responsible for collecting and disseminating foreign
technology;
(B) whether additional funding is needed, and could be used in
a cost-effective manner, for the collection of foreign technology
by the various elements of the Department of Defense responsi-
ble for collecting and disseminating that technology; and
(C) an evaluation of the effectiveness of the current programs
of the Department of Defense for collecting and disseminating
foreign technology.
(2) Not later than March 1,1985, the Secretary shall submit to the Report.
Committees on Armed Services of the Senate and House of Repre-
sentatives a report containing the results of the study conducted
under paragraph (1), together with such comments and recommen-
dations as the Secretary considers appropriate. The Secretary shall
also submit to such committees, at the same time as the report
referred to in the preceding sentence is submitted, an unclassified
report on the matters described in paragraph (1).
(b) The Secretary of the Army may not transfer any of the
functions now performed by the Foreign Science and Technology
Center of the Material Development and Readiness Command of the
Army to any other Office or agency within the Army until after the
day on which the report referred to in subsection (a)(2) is received by
the Committees on Armed Services of the Senate and House of
Representatives,
31-194 0 - 86 - 9 : QL.3 PartS
98 STAT. 2630 PUBLIC LAW 98-525—OCT. 19, 1984
REPORT ON AMERICANS UNACCOUNTED FOR OR MISSING IN INDOCHINA
Lao People's SEC. 1525. (a) The Congress finds that—
Democratic (1) the President has declared that the issue of the 2,483
Republic.
Socialist Americans missing or otherwise unaccounted for in Indochina is
Republic of an issue of the highest national priority and has initiated high
Vietnam. level discussions with the Governments of the Lao People's
President of U.S. Democratic Republic and the Socialist Republic of Vietnam on
the issue;
(2) the Congress, on a bipartisan basis, fully supports these
initiatives and realizes that the fullest possible accounting of
those Americans can only be achieved with the cooperation of
those governments;
(3) the Government of the Lao People's Democratic Republic
has recently taken positive actions to assist the United States
Government in resolving the status of those missing Americans;
and
(4) the Government of the Socialist Republic of Vietnam has
pledged to cooperate with the Government of the United States
in resolving this humanitarian issue, separate from other issues
dividing the two countries.
(b) The Congress strongly urges the President—
(1) to ensure that officials of the United States Government
conscientiously and fully carry out the pledge of the President
to commit the full resources of the United States Government to
resolve the issue of the 2,483 Americans still missing or other-
wise unaccounted for in Indochina;
(2) to pursue vigorously all reports concerning sightings of
live Americans who may be among those missing or otherwise
unaccounted for in Indochina;
(3) to work to achieve the fullest possible accounting of all
Americans missing or otherwise unaccounted for in Indochina;
(4) to seek the immediate return of the remains of all Ameri-
cans who have died in Indochina and whose remains have not
been returned; and
(5) to make every effort to secure the further cooperation of
the Lao People's Democratic Republic and the Socialist Repub-
lic of Vietnam in resolving this humanitarian issue of funda-
mental importance.
(c) The Congress calls upon the Socialist Republic of Vietnam and
the Lao People's Democratic Republic to accelerate cooperation with
the United States in achieving the fullest possible accounting for
Americans still missing in Indochina.
President of U.S. (d) Not later than 180 days after the date of the enactment of this
Report. Act, the President shall submit to Congress a report detailing
actions being taken by the United States Government described in
subsection (b).
REPORT ON SAFETY IN THE ARMY
SEC. 1526. Not later than the end of the one-year period beginning
on the date of the enactment of this Act, the Secretary of the Army
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report describing current and planned
programs related to safety of personnel in the Army. The report
shall include safety involving training exercises and safety in the
operation of Army equipment.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2631
REPORT ON ENHANCED MILITARY CAREER OPPORTUNITIES FOR NON-
PHYSICIAN HEALTH-CARE PROVIDERS
SEC. 1527. Not later than March 15,1985, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report describing and evaluating a plan
to enhance the military career opportunities of non-physician pro-
viders of health care.
PART D—MISCELLANEOUS DEFENSE-RELATED MATTERS
EXEMPTION FROM AUTHORITY TO INDUCT UNDER THE MILITARY SELEC-
TIVE SERVICE ACT ANY PERSON WHOSE MOTHER WAS KILLED IN LINE
OF DUTY
SEC. 1531. Section 6(o) of the Military Selective Service Act (50
U.S.C. App. 456(o)) is amended by inserting "or the mother" after
"the father" in clauses (1) and (2).
PROHIBITION OF UNAUTHORIZED USES OP MARINE CORPS INSIGNIA
SEC. 1532. (a)(1) Part IV of subtitle C of title 10, United States
Code, is amended by adding at the end thereof the following new
chapter:
"CHAPTER 663—NAMES AND INSIGNIA
"Sec.
"7881. Unauthorized use of Marine CJorps insignia.
"§7881. Unauthorized use of Marine Corps insignia 10 use 7881.
"(a) The seal, emblem, and initials of the United States Marine
Corps shall be deemed to be insignia of the United States.
"(b) No person may, except with the written permission of the
Secretary of the Navy, use or imitate the seal, emblem, name, or
initials of the United States Marine Corps in connection with any
promotion, goods, services, or commercial activity in a manner
reasonably tending to suggest that such use is approved, endorsed,
or authorized by the Marine Corps or any other component of the
Department of Defense.
"(c) Whenever it appears to the Attorney General of the United Law
States that any person is engaged or is about to engage in an act or enforcement.
practice which constitutes or will constitute conduct prohibited by
subsection (b), the Attorney General may initiate a civil proceeding
in a district court of the United States to enjoin such act or practice.
Such court may, at any time before final determination, enter such
restraining orders or prohibitions, or take such other action as is
warranted, to prevent injury to the United States or to any person
or class of persons for whose protection the action is brought.".
(2) The table of chapters at the beginning of such subtitle, and the
table of chapters at the beginning of part IV of such subtitle, are
amended by inserting after the item relating to chapter 661 the
following new item:
"663. Names and Insignia 7881".
(b) The amendments made by subsection (a) shall not affect rights lo use 7881
that vested before the date of the enactment of this Act. note.
98 STAT. 2632 PUBLIC LAW 98-525—OCT. 19, 1984
IMPROVED READINESS AND TRAINING OF THE CIVIL AIR PATROL
THROUGH PROVISION OF CERTAIN ADDITIONAL FEDERAL SERVICES
SEC. 1533. (a) Subsection (b) of section 9441 of title 10, United
States Code, relating to support of the Civil Air Patrol by the Air
Force, is amended—
(1) by striking out "and" at the end of clause (7);
(2) by striking out the period at the end of clause (8) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new clauses:
"(9) authorize the payment of expenses of placing into service-
able condition a major item of equipment furnished to the Civil
Air Patrol under clause (1);
"(10) authorize the purchase with funds appropriated to the
Air Force of such major items of equipment as the Secretary
considers needed by the Civil Air Patrol to carry out its mis-
sions; and
"(11) furnish articles of the Air Force uniform to Civil Air
Patrol cadets without cost to such cadets.".
(b)(1) Chapter 909 of such title is amended by adding at the end
thereof the following new section:
10 use 9442. "§ 9442. Assistance by other agencies
"The Secretary of the Air Force may arrange for the use by the
Civil Air Patrol of such facilities and services under the jurisdiction
of the Secretary of the Army, the Secretary of the Navy, or the head
of any other department or agency of the United States as the
Secretary of the Air Force considers to be needed by the Civil Air
Patrol to carry out its mission. Any such arrangement shall be made
under regulations prescribed by the Secretary of the Air Force with
the approval of the Secretary of Defense and shall be subject to the
agreement of the other military department or other department or
agency of the United States furnishing the facilities or services.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"9442. Assistance by other agencies.".
Effective date. (c) The amendments made by this section shall take effect on
10 use 9441 October 1,1984.
note.
PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN INTERNATIONAL
SPORTS ACTIVITIES
SEC. 1534. Section 717 of title 10, United States Code, relating to
participation by members of the armed forces in international
sports, is amended—
(1) by striking out the semicolon at the end of subsection (aXD
and inserting in lieu thereof "and qualifying events and prepar-
atory competition for those games;";
(2) by striking out "that competition" in subsection (a)(2) and
inserting in lieu thereof "that competition, and qualifying
events and preparatory competition for that competition";
(3) by striking out "(c), (d), and (e)" in subsection (b) and
inserting in lieu thereof "(c) and (d)";
(4) by striking out "Not more than $800,000" in subsection (c)
and inserting in lieu thereof "(1) Not more than $3,000,000";
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2633
(5) by striking out "(d)" before "Not more than $100,000" and
inserting in lieu thereof "(2)";
(6) by striking out "March 14, 1955" both places it appears
and inserting in lieu thereof "October 1,1980"; and
(7) by redesignating subsection (e) as subsection (d).
INSTRUCTION OF FOREIGN OFFICERS AT THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES
SEC. 1585. Section 2114 of title 10, United States Code, is amended
by adding at the end thereof the following new subsection:
"(e)(1) The Board, upon approval of the Secretary of Defense, may
enter into agreements with foreign military medical schools for
reciprocal education programs under which students at the Univer-
sity receive specialized military medical instruction at the foreign
military medical school and military medical personnel of the coun-
try of such medical school receive specialized military medical
instruction at the University. Any such agreement may be made on
a reimbursable basis or a nonreimbursable basis.
"(2) Not more than 40 persons at any one time may receive
instruction at the University under this subsection. Attendance of
such persons at the University may not result in a decrease in the
number of students enrolled in the University. Subsection (b) does
not apply to students receiving instruction under this subsection.
"(3) The Dean of the University, with the approval of the Secre-
tary of Defense, shall determine the countries from which persons
may be selected to receive instruction under this subsection and the
number of persons that may be selected from each country. The
Dean may establish qualifications and methods of selection and
shall select those persons who will be permitted to receive instruc-
tion at the University. The qualifications established shall be com-
parable to those required of United States citizens.
"(4) Each foreign country from which a student is permitted to Reimbursement.
receive instruction at the University under this subsection shall
reimburse the United States for the cost of providing such instruc-
tion, unless such reimbursement is waived by the Secretary of
Defense. The Secretary of Defense shall prescribe the rates for
reimbursement under this paragraph.
"(5) Except as the Dean determines, a person receiving instruction
at the University under this subsection is subject to the same
regulations governing attendance, discipline, discharge, and dismis-
sal as a student enrolled in the University. The Secretary may Confidentiality.
prescribe regulations with respect to access to classified information Regulations.
by a person receiving instruction under this subsection that differ
from the regulations that apply to a student enrolled in the
University.".
COMMISSION ON MERCHANT MARINE AND DEFENSE
SEC. 1536. (a) There is hereby established a commission to be Establishment.
known as the Commission on Merchant Marine and Defense (herein- 46 u s e app.
1120 note.
after in this section referred to as the "Commission").
(b) The Commission shall study problems relating to transporta- Study.
tion of cargo and personnel for national defense purposes in time of Transportation.
war or national emergency, the capability of the United States
merchant marine to meet the need for such transportation, and the
adequacy of the shipbuilding mobilization base of the United States
98 STAT. 2634 PUBLIC LAW 98-525—OCT. 19, 1984
to meet the needs of naval and merchant ship construction in time
of war or national emergency. Based on the results of the study, the
Commission shall make such specific recommendations, including
recommendations for legislative action, action by the executive
branch, and action by the private sector, as the Commission consid-
ers appropriate to foster and maintain a United States merchant
Reports. marine capable of meeting national security requirements. The
recommendations of the Commission shall be provided in the reports
of the Commission due on September 30, 1985, and September 30,
1986, under subsection (g).
(c)(1) The Commission shall be composed of seven members, £is
follows:
(A) The Secretary of the Navy (or his delegate), who shall be
the chairman of the Commission.
(B) The Administrator of the Maritime Administration (or his
delegate).
(C) Five members appointed by the President, by and with the
advice and consent of the Senate, from among individuals of
recognized stature and distinction who by reason of their back-
ground, experience, and knowledge in the fields of merchant
ship operations, shipbuilding and its supporting industrial base,
maritime labor, and defense matters are particularly suited to
serve on the Commission,
(2) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made. Appointments may be
made under paragraph (1)(C) without regard to section 5311(b) of
title 5, United States Code. Members appointed under such para-
graph shall be appointed for the life of the Commission.
(3) Four members of the Commission shall constitute a quorum,
but a lesser number may hold hearings. The Commission shall meet
at the call of the chairman.
(d) Members of the Commission appointed under subsection
(cXl)(C) may each be paid at a rate equal to the daily equivalent of
5 use 5315. the rate of basic pay payable for level IV of the Executive Schedule
for each day (including travel time) during which they are engaged
in the actual performance of the business of the Commission. Other
members of the Commission shall receive no additional pay, allow-
ances, or benefits by reason of their service on the Commission.
(eXl) The Commission may (without regard to section 5311(b) of
title 5, United States Code) appoint an executive director, who shall
be paid at a rate not to exceed the rate of basic pay payable for level
5 use 5315. IV of the Executive Schedule.
(2) The Commission may appoint such additional staff as it consid-
ers appropriate. Such personnel shall be paid at a rate not to exceed
the rate of basic pay payable for grade GS-18 of the General
Schedule under section 5332 of title 5, United States Code.
(3) The executive director and staff of the Commission may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the executive branch and may be
paid without regard to the provisions of chapter 51 and subchapter
5 use 5101 III of chapter 53 of such title relating to classification and General
et seq., 5331. Schedule pay rates.
(4) The Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(fKD The Secretary of the Navy and the Administrator of the
Maritime Administration may detail personnel under their jurisdic-
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2635
tion to the Commission to assist the Commission in carrying out its
duties under this section.
(2) The Secretary of the Navy and the Administrator of the
Maritime Administration may provide to the Commission such
administrative support services as the Commission may require.
(g) Not later than June 30, 1985, and June 30, 1986, the Commis- Reports.
sion shall submit to the President and to Congress a report contain-
ing its findings of fact and its conclusions. Not later than September
30, 1985, and September 30, 1986, the Commission, based upon those
findings and conclusions, shall prepare a report containing the
recommendations of the Commission as specified in subsection (b)
and shall submit the report to the President and Congress. Each
such report shall be prepared without any prior review or approval
by any official of the executive branch (other than the members and
staff of the Commission).
(h) The Commission shall cease to exist 90 days after the date on Termination
which the final report of the Commission under subsection (g) is date.
submitted to the President and the Congress.
(i) There is authorized to be appropriated for fiscal years 1985, Appropriation
1986, and 1987, a total of $1,500,000 to carry out this section. Any authorization.
amount appropriated under this subsection shall remain available
until September 30,1987.
DEPARTMENT OF DEFENSE AIR TRAFFIC CONTROLLERS
SEC. 1537. (a) Section 4109(c) of title 5, United States Code, is
amended by inserting "and the Secretary of Defense may pay an
individual training to be an air traffic controller of the Department
of Defense," after of such Administration,".
(b) Section 5532(f) of such title is amended— 5 u s e 5532.
(1) in paragraph (1) by inserting "or of the Secretary of
Defense" after "Administrator, Federal Aviation Administra-
tion,"; and
(2) in paragraph (2)—
(A) by inserting "or the Secretary of Defense" after "Ad-
ministrator, Federal Aviation Administration,"; and
(B) by inserting "or such Secretary, respectively" before
the period.
(c)(1) Subsection (a) of section 5546a of such title is amended— 5 u s e 5546a.
(A) by inserting "and the Secretary of Defense (hereafter in
this section referred to as the 'Secretary')" after "referred to as
the 'Administrator')";
(B) in paragraph (1) by inserting "or the Department of
Defense" after "Federal Aviation Administration and by in-
serting "or the Secretary" after "by the Administrator"; and
(C) in paragraph (2) by inserting "or the Department of
Defense" after "Federal Aviation Administration" and by
inserting "or the Secretary" after "determined by the
Administrator''.
(2) Subsection (c)(1) of such section is amended—
(A) by inserting "or the Secretary" after "Administrator"
both places it appears; and
(B) by inserting "or the Department of Defense" after "Fed-
eral Aviation Administration';
(3) Subsection (d) of such section is amended—
(A) in paragraph (1) by inserting "or the Secretary" after
"Administrator" both places it appears and inserting "or the
98 STAT. 2636 PUBLIC LAW 98-525—OCT. 19, 1984
Department of Defense" after "Federal Aviation Administra-
tion"; and
(B) in paragraph (2) by inserting "or the Department of
Defense" after "Federal Aviation Administration".
(4) Subsection (e)(1) of such section is amended—
(A) by inserting "or the Secretary" after "Administrator";
and
(B) by inserting "or the Department of Defense" after "Fed-
eral Aviation Administration'.
(5) Subsection (f) of such section is amended—
(A) in paragraph (1) by inserting "or the Secretary" after
"Administrator" and by inserting or the Department of De-
fense" after "Federal Aviation Administration"; and
(B) in paragraph (2) by inserting "and the Secretary" after
"Administrator".
(6XA) The heading of such section is amended by inserting at the
end thereof "and the Department of Defense".
(B) The item relating to section 5546a in the analysis of chapter 55
of such title is amended by inserting "and the Department of
Defense" before the period.
5 u s e 5547. (d) Section 5547 of such title is amended by inserting "or the
Department of Defense" after "Federal Aviation Administration".
5 u s e 8344. (e) Section 8344(h)(1) of such title is amended by inserting "or the
Secretary of Defense" after "Administrator, Federal Aviation
Administration,".
Effective date. (f) The amendments made by this section shall take effect on
5 u s e 4109 note. October 1,1984.
SALE OF AMMUNITION FOR AVALANCHE-CONTROL PURPOSES
SEC. 1538. (a)(1) Chapter 441 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
Contracts. ''§ 4657. Sale of ammunition for avalanche-control purposes
10 u s e 4657. "Subject to the needs of the Army, the Secretary of the Army may
sell ammunition for military weapons which are used for avalanche-
control purposes to any State (or entity of a State) or to any other
non-Federal entity that has been authorized by a State to use those
weapons in that State for avalanche-control purposes. Sales of am-
munition under this section shall be on a reimbursable basis and
shall be subject to the condition that the ammunition be used only
for avalanche-control purposes.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"4657. Sale of ammunition for avalanche-control purposes.".
Effective date. (b) Section 4657 of title 10, United States Code, as added by
10 u s e 4657 subsection (a), shall take effect on October 1,1984.
note.
SUPPLEMENTAL INFORMATION TO THE ENVIRONMENTAL IMPACT STATE-
MENT OF THE NAVY ON THE PROPOSED TRANSFER OF CERTAIN
PERSONNEL
SEC. 1539. In addition to any other requirement regarding an
environmental impact statement prepared by the Secretary of the
Navy in connection with the 1981 Navy master plan to vacate leased
space by transferring military and civilian personnel of the Depart-
ment of the Navy from Arlington County, Virginia, to the Washing-
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2637
ton Navy Yard in Washington, District of Columbia, the Secretary
of the Navy shall also prepare as a supplement to such impact
statement a detailed analysis with respect to the following matters:
(1) The socio-economic impact on the area from which the
transfer is proposed to be made.
(2) The impact of the proposed transfer on the traffic capacity
of bridges over the Potomac River and the Anacostia River.
(3) The impact of the proposed transfer on shuttle require-
ments of the Department of Defense.
(4) The overall impact of the proposed transfer on the area
from which the transfer is proposed to be made and on the area
to which the transfer is proposed to be made, taking into
consideration all other planned moves of personnel by the Navy
to the Washington Navy Yard and by all other agencies of the
Government.
(5) The impact of such proposed transfer, and all other
planned transfers to the Washington Navy Yard, on both
present and potential parking capacity in the vicinity of such
facility.
(6) The impact of the proposed transfer on communications
and security requirements of the Navy.
(7) The impact of the proposed transfer on supporting and
servicing contractors and the impact that the movement of such
contractors will likely have on public and private facilities in
the area from which they move and the area to which they
move.
AUTHORIZATION FOR SECRETARY OF DEFENSE TO TRANSPORT
HUMANITARIAN RELIEF SUPPLIES TO COUNTRIES IN CENTRAL AMERICA
SEC. 1540. (a) Notwithstanding any other provision of law, during
fiscal year 1985, the Secretary of Defense may transport on a space
available basis, at no charge, to any country in Central America
goods and supplies which have been furnished by a nongovernmen-
tal source and which are intended for humanitarian assistance.
(b)(1) The President shall institute procedures, including complete President of U.S.
inspection prior to acceptance for transport, for determining that—
(A) the transport of any goods and supplies transported under
this section is consistent with foreign policy objectives;
(B) the goods and supplies to be transported are suitable for
humanitarian purposes and are in usable condition;
(C) there is a legitimate humanitarian need for such goods
and supplies;
(D) the goods and supplies will in fact be used for humani-
tarian purposes; and
(E) there are adequate arrangements for the distribution of
such goods and supplies in the country of destination.
(2) Goods and supplies determined not to meet the criteria of Prohibition,
paragraph (1) may not be transported under this section.
(3) It shall be the responsibility of the donor to ensure that goods
or supplies to be transported under this section are suitable for
transport.
(c) Goods and supplies transported under this section may be
distributed by an agency of the United States Government, a foreign
government, or international organization, or a private nonprofit
relief organization. The Secretary of Defense may not accept any
goods or supplies for transportation under this section unless verifi-
98 STAT. 2638 PUBLIC LAW 98-525—OCT. 19, 1984
cation of adequate arrangements has been received in advance for
distribution of such goods and supplies.
(d) Goods or supplies transported under this section may not be
distributed, directly or indirectly, to any individual, group, or orga-
nization engaged in military or paramilitary activity.
Report. (e) No later than 90 days after the date of the enactment of this
section, and every 60 days thereafter, the Secretary of State shall
report to the Congress concerning the origin, contents, destination,
and disposition of all goods and supplies transported under this
section.
PART E—OTHER MISCELLANEOUS MATTERS
SURVIVORS OF THE GLOMAR JAVA SEA
Vessels. SEC. 1541. (a) The Congress finds that—
(1) on October 26, 1983, the United States registered oil
drilling ship Glomar Java Sea was reported missing during
stormy weather at its drilling site 60 miles off Hainan Island in
the South China Sea and was found sunken near its drilling site
on November 1,1983;
(2) no evidence has been found of 46 of the 81 crewmen,
including citizens of the United States, or of the lifeboats which,
reportedly, were launched from the Glomar Java Sea, despite
an intensive cooperative search involving United States mili-
tary search and rescue aircraft and commercial vessels;
Vietnam. (3) the Chairman of the United States Coast Guard Marine
Board of Investigation has concluded that it is possible that
crewmembers of the Glomar Java Sea survived and drifted into
waters near the coast of Vietnam; and
(4) the Government of Vietnam has refused to allow an
independent search for the possible survivors to be conducted in
waters within 20 miles of such coast.
(b) Considering the findings set out in subsection (a), it is the sense
of the Congress that the President should, through all appropriate
bilateral and multilateral channels, continue and accelerate the
effort to obtain the cooperation of the Government of Vietnam in
ascertaining the fate or locations of the 46 crewmen of the sunken
United States registered vessel Glomar Java Sea.
POLICY REGARDING THE FURNISHING OF FOOD AND MEDICAL SUPPUES
TO AFGHANISTAN
SEC. 1542. (a) The Congress finds-
CD that after more than four years of occupation by the
military forces of the Soviet Union, the freedom-loving people of
Afghanistan continue bravely to resist the oppression of the
Soviet Union;
(2) that the current Soviet Union offensive has resulted in
great suffering and destruction in Afghanistan and has intensi-
fied the Soviet policy which targets civilian populations; and
(3) that this "scorched earth" policy of the Soviet Union,
which has resulted in the destruction of crops, food supplies,
farms, hospitals, and other public buildings in Afghanistan, has
been a desperate attempt on the part of the Soviet Union to
subdue the population of that country or to force the depopula-
tion of certain areas which the occupying forces of the Soviet
Union are unable to control.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2639
(b) It is, therefore, the sense of Congress that the free world should
take all appropriate steps to ensure that the people of Afghanistan
have food and medical supplies adequate to sustain themselves as
they struggle to regain their freedom.
REAFFIRMATION OF UNITED STATES POUCY TOWARD CUBA
SEC. 1543. (a) It is the policy of the Grovemment of the United
States to continue in its relations with the Government of Cuba the
policy set forth in the joint resolution entitled "Joint resolution
expressing the determination of the United States with respect to
the situation in Cuba", approved by the President on October 3,1962
(Public Law 87-733; 76 Stat. 697).
(b) Nothing in this section shall be deemed to change or otherwise
affect the standards and procedures provided in the National
Security Act of 1947, the Foreign Assistance Act of 1961, or the War 50 u s e 401 note,
Powers Resolution. This section does not constitute the statutory 22 u s e 2151
authorization for introduction of United States Armed Forces con- note.
templated by the War Powers Resolution. 50 u s e 1541
note.
REPORT ON USE OF CUBAN AND RUSSIAN NICKEL IN DEFENSE
PROCUREMENTS
SEC 1544. Not later than April 1, 1985, the Secretary of Defense
shall submit to Congress a report on the effects on the national
security of the United States of procurement by the Department of
Defense of products containing nickel produced in Cuba or the
Soviet Union. The report shall be prepared after consultation with
the Secretaries of Commerce, the Interior, and the Treasury.
TITLE XVI—DEPARTMENT OF ENERGY NATIONAL Department of
SECURITY PROGRAMS E n e r ^ National
Security and
Military
SHORT TITLE Applications of
Nuclear Energy
SEC. 1600. This title may be cited as the "Department of Energy Authorization
National Security and Military Applications of Nuclear Energy Act of 1985.
Authorization Act of 1985".
PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
OPERATING E X P E N S E S
SEC. 1601. Funds are authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1985 for operating expenses incurred
in carrying out national security programs (including scientific
research and development in support of the Armed Forces, strategic
and critical materials necessary for the common defense, and mili-
tary applications of nuclear energy and related management and
support activities) as follows:
(1) For naval reactors development, $426,400,000.
(2) For weapons activities, $3,364,130,000, to be allocated as
follows:
(A) For research and development, $805,625,000.
(B) For weapons testing, $532,000,000.
(C) For the defense inertial confinement fusion program,
$154,750,000, of which—
98 STAT. 2640 PUBLIC LAW 98-525—OCT. 19, 1984
(i) $92,700,000 shall be used for glass laser experi-
ments;
(ii) $42,100,000 shall be used for gas laser experi-
ments;
(iii) $19,200,000 shall be used for pulsed power experi-
ments; and
(iv) $750,000 shall be used for supporting research.
(D) For production and surveillance, $1,810,900,000.
(E) For program direction, $60,855,000.
(3) For verification and control technology, $73,700,000, of
which $3,200,000 shall be used for program direction.
(4) For defense nuclear materials production, $1,407,090,000,
to be allocated as follows:
(A) For uranium enrichment, $142,800,000.
(B) For production reactor operations, $551,235,000.
(C) For processing of defense nuclear materials,
$379,770,000.
(D) For special isotope separation, $60,000,000.
(E) For supporting services, $252,985,000.
(F) For program direction, $20,300,000.
(5) For defense nuclear WEiste and byproduct management,
$358,700,000, to be allocated as follows:
(A) For interim waste management, $240,400,000.
(B) For long-term waste management technology,
$90,400,000.
(C) For terminal waste storage, $25,800,000.
(D) For program direction, $2,100,000.
(6) For nuclear materials safeguards and security technology
development program, $58,000,000, of which $7,600,000 shall be
used for program direction.
(7) For security investigations, $34,000,000.
PLANT AND CAPITAL EQUIPMENT
SEC. 1602. Funds are authorized to be appropriated to the Depart-
ment of Energy for fiscal year 1985 for plant and capital equipment
(including planning, construction, acquisition, and modification of
facilities, land acquisition related thereto, and acquisition and fabri-
cation of capital equipment not related to construction) necessary
for national security programs as follows:
(1) For naval reactors development:
Project 85-N-lOl, general plant projects, various locations,
$2,000,000.
Project 8 2 - N - l l l , materials facility, Savannah River, South
Carolina, $40,000,000, for a total project authorization of
$165,000,000.
Project 81-T-112, modifications and additions to prototype
facilities, various locations, $6,000,000, for a total project au-
thorization of $110,000,000.
(2) For weapons activities:
Project 85-D-lOl, general plant projects, various locations,
$29,600,000.
Project 8 5 - D - l l l , general plant projects, various locations,
$30,200,000.
Project 85-D-102, nuclear weapons research, development,
and testing facilities revitalization, phase I, various locations,
$35,400,000.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2641
Project 85-D-103, safeguards and security enhancements,
Lawrence Livermore National Laboratory and Sandia National
Laboratories, Livermore, California, $4,700,000.
Project 85-D-104, test devices assembly building, Los Alamos
National Laboratory, Los Alamos, New Mexico, $800,000.
Project 85-D-105, combined device assembly ifacility, Nevada
Test Site, Nevada, $3,000,000.
Project 85-D-106, hardened radiography facility, site 300,
Lawrence Livermore National Laboratory, Livermore, Califor-
nia, $800,000.
Project 85-D-112, enriched uranium recovery improvements,
Y-12 Plant, Oak Ridge, Tennessee, $4,500,000.
Project 85-D-113, powerplant and steam distribution system,
Pantex Plant, Amarillo, Texas, $4,500,000.
Project 85-D-114, safeguards vaults, Y-12 Plant, Oak Ridge,
Tennessee, $3,100,000.
Project 85-D-115, renovate plutonium building utility sys-
tems. Rocky Flats Plant, Golden, Colorado, $2,900,000.
Project 85-D-121, air and water pollution control facilities,
Y-12 Plant, Oak Ridge, Tennessee, $5,000,000.
Project 85-D-122, safeguards and site security upgrade.
Mound Facility, Miamisburg, Ohio, $2,700,000.
Project 85-D-123, safeguards and site security upgrade, phase
I, Pantex Plant, Amarillo, Texas, $1,000,000.
Project 85-D-124, safeguards and site security upgrade. Rocky
Flats, Golden, Colorado, $1,000,000.
Project 85-D-125, tactical bomb production facilities, various
locations, $10,000,000.
Project 84-D-102, radiation-hardened integrated circuit labo-
ratory, Sandia National Laboratories, Albuquerque, New
Mexico, $20,000,000, for a total project authorization of
$22,000,000.
Project 84-D-103, hardened central guard force facility, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$5,600,000, for a total project authorization of $6,200,000.
Project 84-D-104, nuclear materials storage facility, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$6,500,000, for a total project authorization of $7,200,000.
Project 84-D-105, safeguards and security upgrades, phase I,
Los Alamos National Laboratory, Los Alamos, New Mexico,
$10,100,000, for a total project authorization of $15,100,000.
Project 84-D-106, security system upgrade, Sandia National
Laboratories, Albuquerque, New Mexico, $2,300,000, for a total
project authorization of $3,800,000.
Project 84-D-107, nuclear testing facilities revitalization, var-
ious locations, $21,900,000, for a total project authorization of
$35,400,000.
Project 84-D-112, TRIDENT II warhead production facilities,
various locations, $60,700,000, for a total project authorization
of $80,000,000.
Project 84-D-114, consolidated manufacturing facility. Rocky
Flats Plant, Golden, Colorado, $18,100,000, for a total project
authorization of $42,200,000.
Project 84-D-115, electrical system expansion, Pantex Plant,
Amarillo, Texas, $10,000,000, for a total project authorization of
$11,500,000.
98 STAT. 2642 PUBLIC LAW 98-525—OCT. 19, 1984
Project 84-D-117, inert assembly and test facility, Pantex
Plant, Amarillo, Texas, $11,700,000, for a total project authori-
zation of $13,200,000.
Project 84-D-119, railroad track replacement and upgrade,
Pantex Plant, Amarillo, Texas, $6,800,000, for a total project
authorization of $7,600,000.
Project 84-D-120, explosive component test facility. Mound
Facility, Miamisburg, Ohio, $16,900,000, for a total project au-
thorization of $20,000,000.
Project 84-D-121, safeguards and site security upgrading.
Rocky Flats Plant, Golden, Colorado, $11,200,000, for a total
project authorization of $21,200,000.
Project 84-D-124, environmental improvements, Y-12 Plant,
Oak Ridge, Tennessee, $21,400,000, for a total project authoriza-
tion of $29,000,000.
Project 84-D-211, safeguards and site security upgrading,
Y-12 Plant, Oak Ridge, Tennessee, $8,000,000, for a total project
authorization of $15,500,000.
Project 84-D-212, safeguards and site security upgrade, Pinel-
las Plant, Florida, $2,700,000, for a total project authorization of
$3,700,000.
Project 83-D-199, buffer land acquisition, Lawrence Liver-
more National Laboratory and Sandia National Laboratories,
Livermore, Cedifornia, $7,000,000, for a total project authoriza-
tion of $17,000,000.
Project 82-D-107, utilities and equipment restoration, re-
placement and upgrade, phase III, various locations,
$165,000,000, for a total project authorization of $570,400,000.
Project 8 2 - D - l l l , interactive graphics systems, various loca-
tions, $6,800,000, for a total project authorization of $20,000,000.
Project 82-D-144, simulation technology laboratory, Sandia
National Laboratories, Albuquerque, New Mexico, $11,500,000,
for a total project authorization of $23,700,000.
Project 82-D-150, weapons materials research and develop-
ment facility, Lawrence Livermore National Laboratory, Liver-
more, California, $16,800,000, for a total project authorization of
$27,200,000.
Project 81-D-lOl, particle beam fusion accelerator-II, Sandia
National Laboratories, Albuquerque, New Mexico, $3,500,000,
for a total project authorization of $45,650,000.
Project 81-D-115, missile X warhead production facilities,
various locations, $20,900,000, for a total project authorization
of $125,000,000.
Project 81-D-120, control of effluents and pollutants, Y-12
Plant, Oak Ridge, Tennessee, $1,400,000, for a total project
authorization of $7,800,000.
Project 81-D-134, earthquake damage restoration, Sandia Na-
tional Laboratories, Livermore, California, $4,900,000, for a
total project authorization of $8,600,000.
Project 79-7-0, universal pilot plant, Pantex Plant, Amarillo,
Texas, $3,800,000, for a total project authorization of
$15,900,000.
(3) For verification and control technology:
Project 85-D-171, space science laboratory, Los Alamos, New
Mexico, $1,000,000.
(4) For materials production:
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2643
Project 85-D-131, general plant projects, various locations,
$30,000,000.
Project 85-D-132, plant engineering and design, various loca-
tions, $2,000,000.
Project 85-D-136, components protection system, 100-N area,
Richland, Washington, $3,300,000.
Project 85-D-137, vault safety special nuclear material inven-
tory system, Richland, Washington, $2,500,000.
Project 85-D-139, fuel processing restoration, Idaho Fuels
Processing Facility, Idaho National Engineering Laboratory,
Idaho, $10,000,000.
Project 85-D-140, productivity and radiological improve-
ments. Feed Materials Productions Center, Fernald, Ohio,
$6,000,000.
Project 85-D-142, fuel tube facilities, fuel preparation area.
Savannah River, South Carolina, $8,000,000.
Project 85-D-145, uranyl nitrate to oxide conversion facility,
Savannah River, South Carolina, $1,800,000.
Project 84-D-130, modification processing facility substations.
Savannah River, South Carolina, $200,000, for a total project
authorization of $5,800,000.
Project 84-D-134, safeguards and security improvements,
Plantwide, Savannah River, South Carolina, $14,900,000, for a
total project authorization of $26,900,000.
Project 84-D-136, enriched uranium conversion facility modi-
fications, Y-12 Plant, Oak Ridge, Tennessee, $8,000,000, for a
total project authorization of $12,400,000.
Project 84-D-137, facility security systems upgrade, Idaho
Fuels Processing Facility (IFPF), Idaho National Engineering
Laboratory, Idaho, $8,000,000, for a total project authorization
of $10,000,000.
Project 83-D-146, water pollution control, Feed Materials
Production Center, Fernald, Ohio, $4,100,000, for a total project
authorization of $9,500,000.
Project 83-0-147, pollution discharge elimination. Savannah
River, South Carolina, $2,150,000, for a total project authoriza-
tion of $8,650,000.
Project 83-D-148, nonradioactive hazardous waste manage-
ment, Savannah River, South Carolina, $11,500,000, for a total
project authorization of $19,000,000.
Project 83-D-180, facility storage modifications, various loca-
tions, $6,500,000, for a total project authorization of $15,800,000.
Project 82-D-124, restoration of production capabilities,
phases II, III, IV, and V, various locations, $68,800,000, for a
total project authorization of $300,634,000.
Project 82-D-128, plant perimeter security systems upgrade,
Idaho Fuels Processing Plant, Idaho National Engineering Lab-
oratory, Idaho, $400,000, for a total project authorization of
$5,400,000.
Project 82-D-136, fuel processing facilities upgrade, Idaho
Fuels Processing Facility, Idaho National Engineering Labora-
tory, Idaho, $1,000,000, for a total project authorization of
$46,000,000.
Project 82-D-201, special plutonium recovery facilities, JB-
Line, Savannah River, South Carolina, $24,400,000, for a total
project authorization of $61,400,000.
(5) For defense w£iste and byproducts management:
98 STAT. 2644 PUBLIC LAW 98-525—OCT. 19, 1984
Project 85-D-156, general plant projects, interim waste oper-
ations and long-term waste management technology, various
locations, $23,645,000.
Project 85-D-157, seventh calcined solids storage facility,
Idaho Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $7,000,000.
Project 85-D-158, central warehouse upgrade, Richland,
Washington, $700,000.
Project 85-D-159, new waste transfer facilities, H Area,
Savannah River, South Carolina, $11,000,000.
Project 85-D-160, test reactor area security system upgrade,
Idaho National Engineering Laboratory (INEL), Idaho,
$2,000,000.
Project 83-D-157, additional radioactive waste storage facili-
ties, Richland, Washington, $3,155,000, for a total project
authorization of $53,155,000.
Project 81-T-105, defense waste processing facility. Savannah
River, South Carolina, $230,500,000, for a total project authori-
zation of $432,500,000.
Project 77-13-f, waste isolation pilot plant, Delaware Basin,
Southeast, New Mexico, $51,100,000, for a total project authori-
zation of $394,200,000.
(6) For capital equipment not related to construction—
(A) for naval reactors development, $22,500,000;
(B) for weapons activities, $241,850,000;
(C) for inertial confinement fusion, $9,500,000;
(D) for verification and control technology, $2,000,000;
(E) for materials production, $117,660,000;
(F) for defense waste and byproducts management,
$35,771,000; and
(G) for nuclear safeguards and security, $4,700,000.
PART B—RECURRING GENERAL PROVISIONS
REPROGRAMING
Limitations. SEC. 1621. (a) Except as otherwise provided in this title—
(1) no amount appropriated pursuant to this title may be used
for any program in excess of 105 percent of the amount author-
ized for that program by this title or $10,000,000 more than the
amount authorized for that program by this title, whichever is
the lesser, and
(2) no amount appropriated pursuant to this title may be used
for any program which has not been presented to, or requested
of, the Congress,
unless a period of thirty calendar days (not including any day on
which either House of Congress is not in session because of adjourn-
ment of more than three calendar days to a day certain) has passed
after receipt by the appropriate committees of Congress of notice
from the Secretary of Energy (hereinafter in this part referred to as
the "Secretary") containing a full and complete statement of the
action proposed to be taken and the facts and circumstances relied
upon in support of such proposed action, or unless each such com-
mittee before the expiration of such period has transmitted to the
Secretary written notice to the effect that such committee has no
objection to the proposed action.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2645
(b) In no event may the total amount of funds obligated pursuant Prohibition.
to this title exceed the total amount authorized to be appropriated
by this title.
LIMITS ON GENERAL PLANT PROJECTS
SEC. 1622. (a) The Secretary may carry out any construction
project under the general plant projects provisions authorized by
this title if the total estimated costs of the construction project does
not exceed $1,000,000.
(b) If at any time during the construction of any general plant Report.
project authorized by this title, the estimated cost of the project is
revised because of unforeseen cost variations and the revised cost of
the project exceeds $1,000,000, the Secretary shall immediately
furnish a complete report to the appropriate committees of Congress
explaining the reasons for the cost variation.
(c) In no event may the total amount of funds obligated to carry Prohibition.
out all general plant projects authorized by this title exceed the
total amount authorized to be appropriated for such projects by this
title.
LIMITS ON CONSTRUCTION PROJECTS
SEC. 1623. (a) Whenever the current estimated cost of a construc-
tion project which is authorized by section 302 of this title, or which
is in support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by more
than 25 percent the higher of (1) the amount authorized for the
project, or (2) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted to
the Congress, construction may not be started or additional obliga-
tions incurred in connection with the project above the total esti-
mated cost, as the case may be, unless a period of thirty calendar
days (not including any day in which either House of Congress is not
in session because of adjournment of more than three days to a day
certain) has passed after receipt by the appropriate committees of
the Congress of written notice from the Secretary containing a full
and complete statement of the action proposed to be taken and the
facts and circumstances relied upon in support of the action, or
unless each committee before the expiration of such period has
notified the Secretary it has no objection to the proposed action.
(b) Subsection (a) shall not apply to any construction project which
has a current estimated cost of less than $5,000,000.
FUND TRANSFER AUTHORITY
SEC. 1624. To the extent specified in appropriation Acts, funds
appropriated pursuant to this title may be transferred to other
agencies of the Government for the performance of the work for
which the funds were appropriated, and funds so transferred may be
merged with the appropriations of the agency to which the funds are
transferred.
AUTHORITY FOR CONSTRUCTION DESIGN
SEC. 1625. (a)(1) Within the amounts authorized by this title for
plant engineering and design, the Secretary may carry out advance
planning and construction designs (including architectural and engi-
neering services) in connection with any proposed construction
98 STAT. 2646 PUBLIC LAW 98-525—OCT. 19, 1984
project if the total estimated cost for such planning and design does
not exceed $2,000,000.
(2) In any case in which the total estimated cost for such planning
and design exceeds $300,000, the Secretary shall notify the appropri-
ate committees of Congress in writing of the details of such project
at least thirty days before any funds are obligated for design serv-
ices for such project.
(b) In any case in which the total estimated cost for advance
planning and construction design in connection with any construc-
tion project exceeds $2,000,000, funds for such design must be specifi-
cally authorized by law.
AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN
SEC. 1626. In addition to the advance planning and construction
design authorized by section 302, the Secretary may perform plan-
ning and design utilizing available funds for any Department of
Energy defense activity construction project whenever the Secretary
determines that the design must proceed expeditiously in order to
meet the needs of national defense or to protect property or human
life.
FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY
SEC. 1627. Subject to the provisions of appropriation Acts,
amounts appropriated pursuant to this title for management and
support activities and for general plant projects are available for
use, when necessary, in connection with all national security pro-
grams of the Department of Energy.
ADJUSTMENTS FOR PAY INCREASES
SEC. 1628. Appropriations authorized by this title for salary, pay,
retirement, or other benefits for Federal employees may be
increased by such amounts as may be necessary for increases in
such benefits authorized by law.
AVAILABILITY OF FUNDS
SEC. 1629. When so specified in an appropriation Act, amounts
appropriated for Department of Energy defense programs may
remain available until expended.
PART C—SPECIAL PROGRAM PROVISIONS
CONTRACTOR UABIUTY FOR INJURY OR LOSS OF PROPERTY ARISING OUT
OF ATOMIC WEAPONS TESTING PROGRAMS
Claims. SEC. 1631. (a)(1) The remedy against the United States provided by
42 use 2212. sections 1346(b) and 2672 of title 28, United States Code, or by the
46 use 781-790. Act of March 9, 1920 (46 U.S.C. 741-752 and 781-790), as appropri-
ate, for injury, loss of property, personal injury, or death shall apply
to any civil action for injury, loss of property, personal injury, or
death due to exposure to radiation based on acts or omissions by a
contractor in carrying out an atomic weapons testing program
under a contract with the United States.
(2) The remedies referred to in paragraph (1) shall be exclusive of
any other civil action or proceeding for the purpose of determining
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2647
civil liability arising from any act or omission of the contractor
without regard to when the act or omission occurred. The employees
of a contractor referred to in paragraph (1) shall be considered to be
employees of the Federal Government, as provided in section 2671 of
title 28, United States Code, for the purposes of any such civil action
or proceeding; and the civil action or proceeding shall proceed in the
same manner as any action against the United States filed pursuant
to section 1346(b) of such title and shall be subject to the limitations 28 USC 1346.
and exceptions applicable to those actions.
(b) A contractor against whom a civil action or proceeding
described in subsection (a) is brought shall promptly deliver all
processes served upon that contractor to the Attorney General of the
United States. Upon certification by the Attorney General that the
suit against the contractor is within the provisions of subsection (a),
a civil action or proceeding commenced in a State court shall be
removed without bond at any time before trial by the Attorney
General to the district court of the United States for the district and
division embracing the place wherein it is pending and the proceed-
ings shall be deemed a tort action brought against the United States
under the provisions of section 1346(b), 2401(b), or 2402, or sections
2671 through 2680 of title 28, United States Code. For purposes of
removal, the certification by the Attorney General under this sub-
section establishes contractor status conclusively.
(c) The provisions of this section shall apply to any action now
pending or hereafter commenced which is an action within the
provisions of subsection (a) of this section. Notwithstanding section
2401(b) of title 28, United States Code, if a civil action or proceeding
pending on the date of enactment of this section is dismissed
because the plaintiff in such action or proceeding did not file an
administrative claim as required by section 2672 of that title, the 28 USC 2672.
plaintiff in that action or proceeding shall have 30 days from
the date of the dismissal or two years from the date upon which the
claim accrued, whichever is later, to file an administrative claim,
and any claim or subsequent civil action or proceeding shall thereaf-
ter be subject to the provisions of section 2401(b) of title 28, United
States Code.
(d) For purposes of this section, the term "contractor" includes a
contractor or cost reimbursement subcontractor of any tier partici-
pating in the conduct of the United States atomic weapons testing
program for the Department of Energy (or its predecessor agencies,
including the Manhattan Engineer District, the Atomic Energy
Commission, and the Energy Research and Development Adminis-
tration). Such term also includes facilities which conduct or have Research and
conducted research concerning health effects of ionizing radiation in development.
connection with the testing under contract with the Department of Hazardous
materials.
Energy (or any of its predecessor agencies).
COST-EFFECTIVE FUNDING OF NUCLEAR WEAPONS
SEC. 1632. (a) The President shall establish a Blue Ribbon Task President of U.S.
Group to examine the procedures used by the Department of Blue Ribbon
Defense and the Department of Energy in establishing requirements Task Group,
establishment.
for, and in providing resources for, the research, development,
testing, production, surveillance, and retirement of nuclear weap-
ons. The Task Group shall recommend any needed change in such
procedures in accordance with subsection (e).
98 STAT. 2648 PUBLIC LAW 98-525—OCT. 19, 1984
(b)(1) The Task Group shall consist of seven members, qualified for
service by reasons of experience and education. The President shall
appoint three members and shall designate one of those members to
act as chairman of the Task Group. The Chairman and ranking
minority members of the Committees on Armed Services of the
Senate and House of Representatives shall each appoint one
member.
(2) None of the members may be an employee of the Department
of Defense or the Department of Energy.
President of U.S. (c) Within 90 days of the date of the enactment of this Act, the
President shall submit to the Committees on Armed Services of the
Senate and House of Representatives (1) the names of the persons
appointed by him to the Task Group, together with the qualifica-
tions of each such person to serve on the Task Group, and (2) a
detailed plan for completing the report required by subsection (e).
President of U.S. (d) The President shall ensure that the Task Group has complete
and timely access to employees and records of the Department of
Energy and the Department of Defense pertaining to procedures
referred to in subsection (a).
Report. (e) Within 270 days of the date of the enactment of this Act, the
Task Group shall submit to the President and the Committees on
Armed Services of the Senate and House of Representatives a report
containing its findings and recommendations. Such report shall
include any additional or dissenting views that any member of the
Task Group may wish to submit. The report shall (in addition to any
other matters) include recommendations in the following areas:
(1) Ways to improve coordination between the Department of
Energy and the Department of Defense to ensure cost-effective
implementation of weapon activities and materials production.
(2) Cost-effective improvements that can be made in budget-
ing and management procedures that affect weapon activities
and materials productions.
(3) Whether the Department of Defense should assume the
responsibility for funding current Department of Energy
weapon activities and materials production programs.
REVIEW OF THE INERTIAL CONFINEMENT FUSION PROGRAM
President of U.S. SEC. 1633. (a)(1) Within 30 days after the date of the enactment of
Technical this Act, the President shall establish a review body to be known as
Review Group on the Technical Review Group on Inertial Confinement Fusion (here-
Inertial
Confinement inafter in this section referred to as the "Technical Review Group").
Fusion, (2) It shall be the function of the group to review thoroughly the
establishment. accomplishments, management, goals, and anticipated contributions
of the defense inertial confinement fusion program.
(3) The President shall appoint to serve on the Technical Review
Group only persons who, because of recent training and experience
in the scientific disciplines associated with the development and
testing of nuclear weapons, are most qualified to make findings of
fact and recommendations to the Congress and the President con-
cerning that program.
Reports. (b) The Technical Review Group shall submit to the President and
the Committees on Armed Services of the Senate and House of
Representatives written reports containing the results of its review,
together with such recommendations regarding priorities for future
work in the inertial confinement fusion program as it determines
appropriate, as follows:
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2649
( D A first interim report shall be submitted before Febru-
ary 1, 1985.
(2) A second interim report shall be submitted before June 1,
1985.
(3) A final report shall be submitted before May 1, 1986.
(c) Upon the submission of its final report, the Technical Review Termination
Group shall cease to exist. date.
NAVAL NUCLEAR PROPULSION PROGRAM
SEC. 1634. The provisions of Executive Order Numbered 12344, 42 u s e 7158
dated February 1, 1982, pertaining to the Naval Nuclear Propulsion note.
3 CFR, 1982
Program, shall remain in force until changed by law. Comp., p. 128.
AUTHORIZATION FOR PRODUCTION OF THE 155-MILLIMETER ARTILLERY-
FIRED, ATOMIC PROJECTILE
SEC. 1635. (a) In addition to the amounts otherwise authorized to
be appropriated in this title, there is authorized to be appropriated
to the Secretary of Energy for fiscal years beginning after Septem-
ber 30, 1984, $50,000,000 for the construction of facilities necessary
to produce the 155-millimeter artillery-fired, atomic projectile
(Project 82-D-109).
(b) In the case of the 155-millimeter atomic-fired artillery projec-
tile (W-82) and the 8-inch atomic-fired artillery projectile (W-79),
the following conditions shall be complied with:
(1) The total number of both such warheads produced may not
exceed 925.
(2) The total amount spent for the production of both such
warheads after the date of the enactment of this Act may not
exceed $1,100,000,000.
(3) No such warhead produced after the date of the enactment
of this Act may be produced in the enhanced radiation version.
(4) In producing such warheads, special emphasis shall be
placed upon improvements in the safety, security, range, and
survivability of such warheads.
(5) Replacement of obsolete atomic-fired artillery projectiles
now in Europe with such improved warheads shall be carried
out within the nuclear stockpile limits agreed to by NATO
Defense Ministers at Montebello, Canada, in October 1983,
which required the withdrawal of 1,400 tactical nuclear war-
heads from the European stockpile in addition to the 1,000
warheads withdrawn in 1980.
(c) No action may be taken to implement this section until the
Secretary of Defense submits a plan for the implementation of this
section to the Committees on Armed Services of the Senate and
House of Representatives.
TITLE XVII—UNITED STATES INSTITUTE OF PEACE United States
Institute of
SHORT TITLE Peace Act.
SEC. 1701. This title may be cited as the "United States Institute 22 u s e 4601
of Peace Act". note.
DECLARATION OF FINDINGS AND PURPOSES
SEC. 1702. (a) The Congress finds and declares that— 22 u s e 4601.
98 STAT. 2650 PUBLIC LAW 98-525—OCT. 19, 1984
(1) a living institution embodying the heritage, ideals, and
concerns of the American people for peace would be a signifi-
cant response to the deep public need for the Nation to develop
fully a range of effective options, in addition to armed capacity,
that can leash international violence and manage international
conflict;
(2) people throughout the world are fearful of nuclear war,
are divided by war and threats of war, are experiencing social
and cultural hostilities from rapid international change and
real and perceived conflicts over interests, and are diverted
from peace by the lack of problem-solving skills for dealing with
such conflicts;
(3) many potentially destructive conflicts among nations and
peoples have been resolved constructively and with cost effi-
ciency at the international, national, and community levels
through proper use of such techniques as negotiation, concilia-
tion, mediation, and arbitration;
(4) there is a national need to examine the disciplines in the
social, behavioral, and physical sciences and the arts and hu-
manities with regard to the history, nature, elements, and
future of peace processes, and to bring together and develop new
and tested techniques to promote peaceful economic, political,
social, and cultural relations in the world;
(5) existing institutions providing programs in international
affairs, diplomacy, conflict resolution, and peace studies are
essential to further development of techniques to promote
peaceful resolution of international conflict, and the peacemak-
ing activities of people in such institutions, government, private
enterprise, and voluntary associations can be strengthened by a
national institution devoted to international peace research,
education and training, and information services;
(6) there is a need for Federal leadership to expand and
support the existing international peace and conflict resolution
efforts of the Nation and to develop new comprehensive peace
education and training programs, basic and applied research
projects, and programs providing peace information;
(7) the Commission on Proposals for the National Academy of
Peace and Conflict Resolution, created by the Education
20 use 2701 Amendments of 1978, recommended establishing an academy as
note. a highly desirable investment to further the Nation's interest in
promoting international peace;
(8) an institute strengthening and symbolizing the fruitful
relation between the world of learning and the world of public
affairs, would be the most efficient and immediate means for
the Nation to enlarge its capacity to promote the peaceful
resolution of international conflicts; and
(9) the establishment of such an institute is an appropriate
investment by the people of this Nation to advance the history,
science, art, and practice of international peace and the resolu-
tion of conflicts among nations without the use of violence.
(b) It is the purpose of this title to establish an independent,
nonprofit, national institute to serve the people and the Govern-
ment through the widest possible range of education and training,
basic and applied research opportunities, and peace information
services on the means to promote international peace and the
resolution of conflicts among the nations and peoples of the world
without recourse to violence.
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2651
DEFINITIONS
SEC. 1703. As used in this title, the term— 22 u s e 4602.
(1) "Institute" means the United States Institute of Peace
established by this title; and
(2) "Board" means the Board of Directors of the Institute.
ESTABLISHMENT OF THE INSTITUTE
SEC. 1704. (a) There is hereby established the United States Insti- 22 u s e 4603.
tute of Peace.
(b) The Institute is an independent nonprofit corporation and an Corporation.
organization described in section 170(c)(2)(B) of the Internal Revenue 26 u s e 170.
Code of 1954. The Institute does not have the power to issue any Securities.
shares of stock or to declare or pay any dividends.
(c) As determined by the Board, the Institute may establish, under Endowment of
the laws of the District of Columbia, a legal entity which is capable the United
States Institute
of receiving, holding, and investing public funds for purposes in of Peace,
furtherance of the Institute under this title. The Institute may designation.
designate such legal entity as the "Endowment of the United States
Institute for Peace".
(d) The Institute is liable for the acts of its directors, officers,
employees, and agents when acting within the scope of their
authority.
(e)(1) The Institute has the sole and exclusive right to use and to
allow or refuse others the use of the terms "United States Institute
of Peace", "Jennings Randolph Program for International Peace",
and "Endowment of the United States Institute of Peace" and the
use of any official United States Institute of Peace emblem, badge,
seal, and other mark of recognition or any colorable simulation
thereof. No powers or privileges hereby granted shall interfere or Prohibition.
conflict with established or vested rights secured as of September 1,
1981.
(2) Notwithstanding any other provision of this title, the Institute
may use "United States" or "U.S." or any other reference to the
United States Government or Nation in its title or in its corporate
seal, emblem, badge, or other mark of recognition or colorable
simulation thereof in any fiscal year only if there is an authoriza-
tion of appropriations for the Institute for such fiscal year provided
by law.
POWERS AND DUTIES
SEC. 1705. (a) The Institute may exercise the powers conferred 22 u s e 4604.
upon a nonprofit corporation by the District of Columbia Nonprofit
Corporation Act consistent with this title, except for section 5(o) of
the District of Columbia Nonprofit Corporation Act (D.C. Code, sec.
29-1005(0)).
(b) The Institute, acting through the Board, may—
(1) establish a Jennings Randolph Program for International
Peace and appoint, for periods up to two years, scholars and
leaders in peace from the United States and abroad to pursue
scholarly inquiry and other appropriate forms of communica-
tion on international peace and conflict resolution and, as
appropriate, provide stipends, grants, fellowships, and other
support to the leaders and scholars;
98 STAT. 2652 PUBLIC LAW 98-525—OCT. 19, 1984
(2) enter into formal and informal relationships with other
institutions, public and private, for purposes not inconsistent
with this title;
(3) conduct research and make studies, particularly of an
interdisciplinary or of a multidisciplinary nature, into the
causes of war and other international conflicts and the elements
of peace among the nations and peoples of the world, including
peace theories, methods, techniques, programs, and systems,
and into the experiences of the United States and other nations
in resolving conflicts with justice and dignity and without vio-
lence as they pertain to the advancement of international peace
and conflict resolution, placing particular emphasis on realistic
approaches to past successes and failures in the quest for peace
and arms control and utilizing to the maximum extent possible
United States Government documents and classified materials
from the Department of State, the Department of Defense, the
Arms Control and Disarmament Agency, and the intelligence
community;
(4) develop programs to make international peace and conflict
resolution research, education, and training more available and
useful to persons in government, private enterprise, and volun-
tary associations, including the creation of handbooks and other
practical materials;
(5) provide, promote, and support peace education and
research programs at graduate and postgraduate levels;
(6) conduct training, symposia, and continuing education pro-
grams for practitioners, polic5miakers, policy implementers, and
citizens and noncitizens directed to developing their skills in
international peace and conflict resolution;
(7) develop, for publication or other public communication,
and disseminate, the carefully selected products of the Institute;
(8) establish a clearinghouse and other means for disseminat-
ing information, including classified information that is prop-
erly safeguarded, from the field of peace learning to the public
and to government personnel with appropriate security
clearances;
Medals and (9) recommend to the Congress the establishment of a United
decorations. States Medal of Peace to be awarded under such procedures as
the Congress may determine, except that no person associated
with the Institute may receive the United States Medal of
Peace; and
Public (10) secure directly, upon request of the president of the
information. Institute to the head of any Federal department or agency and
in accordance with section 552 of title 5, United States Code
(relating to freedom of information), information necessary to
enable the Institute to carry out the purposes of this title if such
release of the information would not unduly interfere with the
proper functioning of a department or agency, including classi-
fied information if the Institute staff and members of the Board
who have access to such classified information obtain appropri-
ate security clearances from the Department of Defense and the
Department of State.
Grants. (c) The Institute may undertake extension and outreach activities
Contracts. under this title by making grants and entering into contracts with
Schools and
colleges. institutions of postsecondary, community, secondary, and elemen-
State and local tary education (including combinations of such institutions), with
governments. public and private educational, training, or research institutions
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2653
(including the American Federation of Labor-the Congress of
Industrial Organizations) and libraries, and with public depart-
ments and agencies (including State and territorial departments of
education and of commerce). No grant may be made to an institu-
tion unless it is a nonprofit or official public institution, and at least
one-fourth of the Institute's annual appropriations shall be paid to
such nonprofit and official public institutions. A grant or contract
may be made to—
(1) initiate, strengthen, and support basic and applied
research on international peace and conflict resolution;
(2) promote and advance the study of international peace and
conflict resolution by educational, training, and research insti-
tutions, departments, and agencies;
(3) educate the Nation about and educate and train individ-
uals in peace and conflict resolution theories, methods,
techniques, programs, and systems;
(4) assist the Institute in its publication, clearinghouse, and
other information services programs;
(5) assist the Institute in the study of conflict resolution
between free trade unions and Communist-dominated organiza-
tions in the context of the global struggle for the protection of
human rights; and
(6) promote the other purposes of this title.
(d) The Institute may respond to the request of a department or Study.
agency of the United States Government to investigate, examine,
study, and report on any issue within the Institute s competence,
including the study of past negotiating histories and the use of
classified materials.
(e) The Institute may enter into contracts for the proper operation
of the Institute.
(f) The Institute may fix the duties of its officers, employees, and
agents, and establish such advisory committees, councils, or other
bodies, as the efficient administration of the business and purposes
of the Institute may require.
(gXD Except as provided in paragraphs (2) and (3), the Institute Grants.
may obtain grgmts and contracts, including contracts for classified Contracts.
research for the Department of State, the Department of Defense, Confidentiality.
the Arms Control and Disarmament Agency, and the intelligence Gifts and
property.
community, and receive gifts and contributions from government at
all levels.
(2) The Institute may not accept any gift, contribution, or grant
from, or enter into any contract with, a foreign government, any
agency or instrumentality of such government, any international
organization, or any foreign national, except that the Institute may
accept the payment of tuition by foreign nationals for instruction
provided by the Institute. For purposes of this paragraph, the
term—
(A) "foreign national" means—
(i) a natural person who is a citizen of a foreign country
or who owes permanent allegiance to a foreign country; and
(ii) a corporation or other legal entity in which natural
persons who are nationals of a foreign country own, directly
or indirectly, more than 50 percent of the outstanding
capital stock or other beneficial interest in such legal
entity; and
(B) "person" means a natural person, partnership, associa-
tion, other unincorporated body, or corporation.
98 STAT. 2654 PUBLIC LAW 98-525—OCT. 19, 1984
Prohibition. (3) Notwithstanding any other provision of this title, the Institute
Ante, p. 2651. and the legal entity described in section 1704(c) may not obtain any
grant or contract or receive any gift or contribution from any
private agency, organization, corporation or other legal entity, insti-
tution, or individual.
(h) The Institute may charge and collect subscription fees and
develop, for publication or other public communication, and dissemi-
nate, periodicals and other materials.
(i) The Institute may charge and collect fees and other participa-
tion costs from persons and institutions participating in the Insti-
tute's direct activities authorized in subsection (b).
(j) The Institute may sue and be sued, complain, and defend in any
court of competent jurisdiction.
(k) The Institute may adopt, alter, use, and display a corporate
seal, emblem, badge, and other mark of recognition and colorable
simulations thereof.
(1) The Institute may do any and all lawful acts and things
necessary or desirable to carry out the objectives and purposes of
this title.
Prohibition. (m) The Institute shall not itself undertake to influence the
Congress. passage or defeat of any legislation by the Congress of the United
State and local
governments. States or by any State or local legislative bodies, or by the United
Nations, except that personnel of the Institute may testify or make
other appropriate communication when formally requested to do so
by a legislative body, a committee, or a member thereof.
(n) The Institute may obtain administrative support services from
the Administrator of General Services on a reimbursable basis.
BOARD OF DIRECTORS
22 use 4605. SEC. 1706. (a) The powers of the Institute shall be vested in a
Board of Directors unless otherwise specified in this title.
(b) The Board shall consist of fifteen voting members as follows:
(1) The Secretary of State (or if the Secretary so designates,
another officer of the Department of State who was appointed
with the advice and consent of the Senate).
(2) The Secretary of Defense (or if the Secretary so designates,
another officer of the Department of Defense who was ap-
pointed with the advice and consent of the Senate).
(3) The Director of the Arms Control and Disarmament
Agency (or if the Director so designates, another officer of that
Agency who was appointed with the advice and consent of the
Senate).
(4) The president of the National Defense University (or if the
president so designates, the vice president of the National
Defense University).
(5) Eleven individuals appointed by the President, by and with
the advice and consent of the Senate.
(c) Not more than eight voting members of the Board (including
members described in paragraphs (1) through (4) of subsection (b))
may be members of the same political party.
(d)(1) Each individual appointed to the Board under subsection
(b)(5) shall have appropriate practical or academic experience in
peace and conflict resolution efforts of the United States.
(2) Officers and employees of the United States Government may
not be appointed to the Board under subsection (b)(5).
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2655
(eXD Members of the Board appointed under subsection (b)(5) shall
be appointed to four year terms, except that—
(A) the term of six of the members initially appointed shall be
two years, as designated by the President at the time of their
nomination;
(B) a member may continue to serve until his or her successor
is appointed; and
(C) a member appointed to replace a member whose term has
not expired shall be appointed to serve the remainder of that
term.
(2) The terms of the members of the Board initially appointed
under subsection (b)(5) shall begin on January 20, 1985, and subse-
quent terms shall begin upon the expiration of the preceding term,
regardless of when a member is app<)inted to fill that term.
(3) The President may not nominate an individual for appoint- President of U.S.
ment to the Board under subsection (b)(5) prior to January 20, 1985,
but shall submit the names of eleven nominees for initial Board
membership under subsection (b)(5) not later than ninety days after
that date. If the Senate rejects such a nomination or if such a
nomination is withdrawn, the President shall submit the name of a
new nominee within fifteen days.
(4) An individual appointed as a member of the Board under
subsection (b)(5) may not be appointed to more than two terms on
the Board.
(D A member of the Board appointed under subsection (b)(5) may
be removed by the President—
(1) in consultation with the Board, for conviction of a felony,
malfeasance in office, persistent neglect of duties, or inability to
discharge duties;
(2) upon the recommendation of eight voting members of the
Board; or
(3) upon the recommendation of a majority of the members of
the Committee on Foreign Affairs and the Committee on Educa-
tion and Labor of the House of Representatives and a majority
of the members of the Committee on Foreign Relations and the
Committee on Labor and Human Resources of the Senate.
A recommendation made in accordance with paragraph (2) may be
made only pursuant to action taken at a meeting of the Board,
which may be closed pursuant to the procedures of subsection (h)(3).
Only members who are present may vote. A record of the vote shall Record,
be maintained. The President shall be informed immediately by the
Board of the recommendation.
(g) No member of the Board may participate in any decision,
action, or recommendation with respect to any matter which
directly and financially benefits the member or pertains specifically
to any public body or any private or nonprofit firm or organization
with which the member is then formally associated or has been
formally associated within a period of two years, except that this
subsection shall not be construed to prohibit an ex officio member of
the Board from participation in actions of the Board which pertain
specifically to the public body of which that member is an officer,
(h) Meetings of the Board shall be conducted as follows:
(1) The President shall stipulate by name the nominee who President of U.S.
shall be the first Chairman of the Board. The first Chairman
shall serve for a term of three years. Thereafter, the Board shall
elect a Chairman every three years from among the directors
98 STAT. 2656 PUBLIC LAW 98-525—OCT. 19, 1984
appointed by the President under subsection (b)(5) and may
elect a Vice Chairman if so provided by the Institute's bylaws.
(2) The Board shall meet at least semiannually, at any time
pursuant to the call of the Chairman or as requested in writing
to the Chairman by at least five members of the Board. A
majority of the members of the Board shall constitute a quorum
for any Board meeting.
Public (3) All meetings of the Board shall be open to public observa-
availability. tion and shall be preceded by reasonable public notice. Notice in
Federal the Federal Register shall be deemed to be reasonable public
Register,
publication. notice for purposes of the preceding sentence. In exceptional
circumstances, the Board may close those portions of a meeting,
upon a majority vote of its members present and with the vote
taken in public session, which are likely to disclose information
likely to affect adversely any ongoing peace proceeding or activ-
ity or to disclose information or matters exempted from public
disclosure pursuant to subsection (c) of section 552b of title 5,
United States Code.
(i) A director appointed by the President under subsection (b)(5)
shall be entitled to receive the daily equivalent of the annual rate of
basic pay in effect for grade GS-18 of the General Schedule under
section 5332 of title 5, United States Code, for each day during which
the director is engaged in the performance of duties as a member of
the Board.
(j) While away from his home or regular place of business in the
performance of duties for the Institute, a director shall be allowed
travel expenses, including a per diem in lieu of subsistence, not to
exceed the expenses allowed persons employed intermittently in
Government service under section 5703(b) of title 5, United States
Code.
OFFICERS AND EMPLOYEES
22 u s e 4606. SEC. 1707. (a) The Board shall appoint the president of the Insti-
tute and such other officers as the Board determines to be necessary.
The president of the Institute shall be a nonvoting ex officio member
of the Board. All officers shall serve at the pleasure of the Board.
The president shall be appointed for an explicit term of years.
Notwithstanding any other provision of law limiting the payment of
compensation, the president and other officers appointed by the
Board shall be compensated at rates determined by the Board, but
no greater than that payable for level I of the Executive Schedule
5 u s e 5312. under chapter 53 of title 5, United States Code.
Ante, p. 2651. (b) Subject to the provisions of section 1705(g)(3), the Board shall
authorize the president and any other officials or employees it
designates to receive and disburse public moneys, obtain and make
grants, enter into contracts, establish and collect fees, and under-
take all other activities necessary for the efficient and proper
functioning of the Institute.
(c) The president, subject to Institute's bylaws and general policies
established by the Board, may appoint, fix the compensation of, and
remove such employees of the Institute as the president determines
necessary to carry out the purposes of the Institute. In determining
employee rates of compensation, the president shall be governed by
the provisions of title 5, United States Code, relating to classification
5 u s e 5332. and General Schedule pay rates.
(d)(1) The president may request the assignment of any Federal
officer or employee to the Institute by an appropriate department,
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2657
agency, or congressional official or Member of Congress and may
enter into an agreement for such assignment, if the affected officer
or employee agrees to such assignment and such assignment causes
no prejudice to the salary, benefits, status, or advancement within
the department, agency, or congressional staff of such officer or
employee.
(2) The Secretary of State, the Secretary of Defense, the Director
of the Arms Control and Disarmament Agency, and the Director of
Central Intelligence each may assign officers and employees of his
respective department or agency, on a rotating basis to be deter-
mined by the Board, to the Institute if the affected officer or
employee agrees to such assignment and such assignment causes no
prejudice to the salary, benefits, status, or advancement within the
respective department or agency of such officer or employee.
(e) No officer or full-time employee of the Institute may receive
any salary or other compensation for services from any source other
than the Institute during the officer's or employee's period of em-
ployment by the Institute, except as authorized by the Board.
(fKD Officers and employees of the Institute shall not be consid-
ered officers and employees of the Federal Government except for
purposes of the provisions of title 28, United States Code, which
relate to Federal tort claims liability, and the provisions of title 5, 28 use 2671 et
United States Code, which relate to compensation and benefits, ««9-
including the following provisions: chapter 51 (relating to classifica-
tion); subchapters I and III of chapter 53 (relating to pay rates);
subchapter I of chapter 81 (relating to compensation for work
injuries); chapter 83 (relating to civil service retirement); chapter 87
(relating to life insurance); and chapter 89 (relating to health insur- 5 use 5101 et
ance). The Institute shall make contributions at the same rates seq., 5301, 5331,
applicable to agencies of the Federal Government under the provi- 8901 e/si^^*^^'
sions of title 5 referred to in this section.
(2) No Federal funds shall be used to pay for private fringe benefit Prohibitions,
programs. The Institute shall not make long-term commitments to
employees that are inconsistent with rules and regulations applica-
ble to Federal employees.
(g) No part of the financial resources, income, or assets of the
Institute or of any legal entity created by the Institute sheill inure to
any agent, employee, officer, or director or be distributable to any
such person during the life of the corporation or upon dissolution or
final liquidation. Nothing in this section may be construed to pre-
vent the payment of reasonable compensation for services or ex-
penses to the directors, officers, employees, and agents of the
Institute in amounts approved in accordance with the provisions of
this title.
(h) The Institute shall not make loans to its directors, officers,
employees, or agents, or to any legal entity created by the Institute.
A director, officer, employee, or agent who votes for or assents to the
making of a loan or who participates in the making of a loan shall
be jointly and severally liable to the Institute for the amount of the
loan until repayment thereof.
PROCEDURES AND RECORDS
SEC. 1708. (a) The Institute shall monitor and evaluate and pro- 22 use 4607.
vide for independent evaluation if necessary of programs supported
in whole or in part under this title to ensure that the provisions of
this title and the bylaws, rules, regulations, and guidelines promul-
gated pursuant to this title are adhered to.
98 STAT. 2658 PUBLIC LAW 98-525—OCT. 19, 1984
(b) The Institute shall prescribe procedures to ensure that grants,
contracts, and financial support under this title are not suspended
unless the grantee, contractor, or person or entity receiving finan-
cial support has been given reasonable notice and opportunity to
show cause why the action should not be taken.
(c) In selecting persons to participate in Institute activities, the
Institute may consider a person's practical experience or
equivalency in peace study and activity as well as other formal
requirements.
Records. (d) The Institute shall keep correct and complete books and
records of account, including separate and distinct accounts of
Report. receipts and disbursements of Federal funds. The Institute's annual
financial report shall identify the use of such funding and shall
present a clear description of the full financial situation of the
Institute.
Records. (e) The Institute shall keep minutes of the proceedings of its Board
and of any committees having authority under the Board.
(f) The Institute shall keep a record of the names and addresses of
its Board members; copies of this title, of any other Acts relating to
the Institute, and of all Institute bylaws, rules, regulations, and
guidelines; required minutes of proceedings; a record of all applica-
tions and proposals and issued or received contracts and grants; and
financial records of the Institute. All items required by this subsec-
tion may be inspected by any Board member or the member's agent
or attorney for any proper purpose at any reasonable time.
Audit. (g) The accounts of the Institute shall be audited annually in
accordance with generally accepted auditing standards by independ-
ent certified public accountants or independent licensed public
accountants, certified or licensed by a regulatory authority of a
State or other political subdivision of the United States on or before
December 31, 1970. The audit shall be conducted at the place or
places where the accounts of the Institute are normally kept. All
books, accounts, financial records, files, and other papers, things,
and property belonging to or in use by the Institute and necessary to
facilitate the audit shall be made available to the person or persons
conducting the audit, and full facilities for verifying transactions
with the balances or securities held by depositories, fiscal agents,
and custodians shall be afforded to such person or persons.
Report. (h) The Institute shall provide a report of the audit to the Presi-
dent and to each House of Congress no later than six months
following the close of the fiscal year for which the audit is made.
The report shall set forth the scope of the audit and include such
statements, together with the independent auditor's opinion of those
statements, as are necessary to present fairly the Institute's assets
and liabilities, surplus or deficit, with reasonable detail, including a
statement of the Institute's income and expenses during the year,
including a schedule of all contracts and grants requiring payments
in excess of $5,000 and any payments of compensation, salaries, or
fees at a rate in excess of $5,000 per year. The report shall be
produced in sufficient copies for the public.
(i) The Institute and its directors, officers, employees, and agents
shall be subject to the provisions of section 552 of title 5, United
States Code (relating to freedom of information).
PUBLIC LAW 98-525—OCT. 19, 1984 98 STAT. 2659
INDEPENDENCE AND UMITATIONS
SEC. 1709. (a) Nothing in this title may be construed as limiting 22 use 4608.
the authority of the Office of Management and Budget to review and
submit comments on the Institute's budget request at the time it is
transmitted to the Congress.
(b) No political test or political qualification may be used in
selecting, appointing, promoting, or taking any other personnel
action with respect to any officer, employee, agent, or recipient of
Institute funds or services or in selecting or monitoring any grantee,
contractor, person, or entity receiving financial assistance under
this title.
FUNDING
SEC. 1710. (a) For the purpose of carrying out this title (except for 22 use 4609.
paragraph (9) of section 1705(b)), there are authorized to be appropri-
ated $6,000,000 for the fiscal year 1985 and $10,000,000 for the fiscal
year 1986. Moneys appropriated for the fiscal year 1985 shall remain
available to the Institute through the fiscal year 1986.
(b) The Board of Directors may transfer to the legal entity author-
ized to be established under section 1704(c) any funds not obligated
or expended from appropriations to the Institute for a fiscal year,
and such funds shall remain available for obligation or expenditure
for the purposes of such legal entity without regard to fiscal year
limitations. Any use by such legal entity of appropriated funds shall Report.
be reported to each House of the Congress and to the President of
the United States.
(c) Any authority provided by this title to enter into contracts eontracts.
shall be effective for a fiscal year only to such extent or in such
amounts as are provided in appropriation Acts.
DISSOLUTION OR UQUIDATION
SEC. 1711. Upon dissolution or final liquidation of the Institute or 22 use 4610.
of any legal entity created pursuant to this title, all income and
assets of the Institute or other legal entity shall revert to the United
States Treasury.
REPORTING R E Q U I R E M E N T AND REQUIREMENT TO HOLD HEARINGS
SEC. 1712. Beginning two years after the date of enactment of this 22 use 46ii.
title, and at intervals of two years thereafter, the Chairman of the
Board shall prepare and transmit to the Congress and the President
a report detailing the progress the Institute has made in carrying
out the purposes of this title during the preceding two-year period.
The President shall prepare and transmit to the Congress within a President of U.S.
reasonable time after the receipt of such report the written com-
ments and recommendations of the appropriate agencies of the
United States with respect to the contents of such report and their
recommendations with respect to any legislation which may be
required concerning the Institute. After receipt of such report by the eongress.
Congress, the Committee on Foreign Affairs and the Committee on
98 STAT. 2660 PUBLIC LAW 98-525—OCT. 19, 1984
Education and Labor of the House of Representatives and the
Committee on Foreign Relations and the Committee on Labor and
Human Resources of the Senate shall hold hearings to review the
findings and recommendations of such report and the written com-
ments received from the President.
Approved October 19, 1984.
LEGISLATIVE HISTORY—H.R. 5167 (S. 2723):
HOUSE REPORTS: No. 98-691 (Comm. on Armed Services) and No. 98-1080 (Comm.
of C!onference).
SENATE REPORT No. 98-500 accompanying S. 2723 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 130 (1984):
May 15-17, 23, 24, 30, 31, considered and passed House.
June 7, 8, 11-15, 18-20, S. 2723 considered in Senate; H.R. 5167, amended,
passed in lieu.
Sept. 26, House agreed to conference report.
Sept. 27, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 20, No. 42 (1984):
Oct. 19, Presidential statement.
